CM-2020-146 - 5/29/2020ELECTRONICALLY RECORDED 2020058243
Williamson County, Texas Total Pages: 13
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between CAL
ATLANTIC HOMES OF TEXAS, INC., a Texas corporation, whose address is 13620 N FM 620,
Building 13, Austin, Texas 78717, hereinafter the "Owner," and the CITY OF ROUND ROCK,
TEXAS, hereinafter the "City," a municipal home -rule corporation whose address is 221 E. Main
Street, Round Rock, Texas 78664, and becomes effective on the date indicated below. The City
and the Owner agree as follows:
A. Owner is the owner of property at 7151 Wyoming Springs, Round Rock, Williamson
County, Texas (the "Property").
B. City is the record holder of a Public Utility Easement recorded in the Reserve at
Wyoming Springs Final Plat, said Final Plat attached as Exhibit "A" and incorporated
herein by reference for all purposes (the "Easement Area").
C. The Owner has requested that the City allow an encroachment on or over a portion of
the Easement Area, with the Encroaching Structure being in the nature of landscaping
and irrigation as set forth in Exhibit "B," attached hereto and incorporated herein by
reference for all purposes (the "Encroaching Structure").
D. By execution of this Agreement, the City grants its limited consent for the Owner to
encroach on or over a portion of the Easement Area strictly subject to the following
conditions:
(1) The Encroaching Structure may be located only as depicted on the
attached Exhibit "A," and that no further encroachment or improvements
of any kind in the Easement Area shall be allowed;
(2) The existence of the Encroaching Structure shall be subject to any and
all relevant requirements of the Round Rock Code of Ordinances,
including but not limited to the Building Code;
(3) Use, maintenance, repair and removal of the Encroaching Structure shall
be solely at the risk and liability of the Owner, and not at the risk and
liability of the City in any manner whatsoever;
(4) Removal of the Encroaching Structure, or a portion thereof, shall cause
the immediate termination of this Agreement;
(5) The permission of the City in allowing the Encroaching Structure shall
be strictly limited to this particular request, and shall not be construed as
establishing any precedent whatsoever;
00444305rss2
ENCR2002.0007 Reserve at w}•omin- Springs
2020058243 Page 2 of 13
(6) The parties expressly agree that the City and other public utilities have
full authority in an emergency to remove the Encroaching Structure, and
such removal shall be allowed without notice to the Owner and without
any obligation whatsoever on the part of the City or other public utility
to replace or repair any part or the whole of the Encroaching Structure;
(7) In a non -emergency situation, the Owner agrees to be solely responsible
for removal of the Encroaching Structure to the City's satisfaction, and
such removal shall be completed by the Owner within thirty (30) days of
actual notice to the Owner of the City's directive to remove same. The
parties expressly agree that, in the event the Owner fails to remove the
Encroaching Structure to the City'!; satisfaction following notice, then
and in that event the City may cause the Encroaching Structure to be
removed at the expense of the Owner;
(9) The parties expressly agree that the City shall not be responsible for
damage caused to the Encroaching Structure by the City's use or
maintenance of the Easement Area;
(9) The Owner shall indemnify and hold the City harmless from any and all
loss, damage, penalty, liability, cost and expense, including without
limitation reasonable attorney's fees, that may be incurred by, imposed
upon, or asserted by reason of any suit, action, legal proceeding, claim,
demand, regulatory proceeding, or litigation arising from any act done or
omitted to be done by any party, excepting only any loss, damage,
penalty, liability, cost or expenses resulting from negligence or willful
misconduct of the City. Nothing herein shall be deemed to limit the
rights (including but not limited to the right to seek contribution) of the
City or the Owner against any third party who may be liable for an
indemnified claim. The parties agree that in no event shall the City be
liable to the Owner for any incidental, indirect, special, punitive,
consequential. or similar damages of any kind including without
limitation loss of profits, loss of business or interruptions of business,
whether such liabilities are predicated on contract, tort, strict liability or
any other legal theory. This indemnification shall apply to the Owner,
and to each of its successors, assigns, officers, employees and officials.
The parties agree that the provisions of this section shall survive the
termination of this agreement; and
(10) Relative to any subsequent purchaser of the Property and/or the
Encroaching Structure, the Owner expressly agrees to adequately inform
any such purchaser ofthe existence of this Agreement and provide a copy
of same.
2
2020058243 Page 3 of 13
(11) The City reserves the option to rescind this Agreement at any time, with
or without cause, by giving Owner ten (10) days written notice of its
exercise of said option.
By execution below by the Owner and the respective appropriate authorities of the City
of Round Rock, Texas, the signatories bind the entities to obey all conditions of this Agreement.
OWNER
CAL ATL I OMES OF TEXAS, INC.
By:
Date Signed: a 02e
CITY
CITY OF OUND ROCK, TEXAS
By:�U� 1�
Laurie 1-ladley, ity Manager,
Date Signed: 12� 2— Z�
[Acknowledgements on following page.]
2020058243 Page 4 of 13
ACKNOWLEDGMENT
THE STATE OF
COUNTY OF 1
This 'tlstrument was acknowledged before me on this day of �% 2020,
by (Name), as,,,r �T le) of CAL
ATLANTIC OMES OF TEXAS, INC, a Texas corporation, whose name is su scribed to the
preceding instrument, and acknowledged to me that he executed it for the purposes and
consideration expressed in it.
NGA NGUYEN
:Notary Public. State of Texas
_�.:• sv P Comm. Expires 08-12.2023
Notary ID 128700324 Notary P r c in an f e State of TeX�.S
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this 2CAy of 2020,
by Laurie Hadley, Round Rock City Manager, in the capacity and for the ptlrp ses and
consideration therein indicated.
Notary Public inn for the State of Texas
4
2020058243 Page 5 of 13
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Exhibit "B"
GRAPHIC SCALE
Gov a Esc Sao my
(IN FEET)
i trron - Sao n.
ROUND ROCK TEXAS
'
WYOMING SPRINGS
ENCROACHMENT AGREEMENT OVERALL
' �`-
2020058243 Page 11 of 13
Exhibit T"
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uj LV 4 AREA WI'IMN PUE'S TO BE
_ ! Lu NCIUDEO PATH ENCROACHMENT
AGREENEW
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� � f C' ROW TREES ANO IANOSCARNO
RIGHT-OF-WAY (ROW)
IRRIGATION Oa "NKIERS HEADS
LIL,w 40.0'(F-F) LIBERTY WAL�t �!!!
cn 65.0' ROW }
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ROUND ROCK TEXAS WYOMING SPRINGS `�°'^"
ENCROACHMENT
_
OACHMENT AGREEMENT PLAN SHEET (#l)a
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2020058243 Page 12 of 13
ExhibitLl FACE OF CURB IF'Fl , EDGE OF PAVEYENT(EOP♦:OP)
AREA WITHIN KCS TO BE
INCLUDED
NCLUD DDWITH ENCROACNFENT
AGREE
ENT
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GRAMC SCALE
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(IN FEET)
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WYOMING SPRINGS
ROUND ROCK, TEXAS
_._... ___ ,_�_.._._.,_._��...._._ ,..._._._....._.. ENCROACHMENT AGREEMENT PLAN SHEET(#2)
2020058243 Page 13 of 13
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2020058243
Pages: 13 Fee: $89.00
06/04/2020 08-14 AM
_-t o
Ise" `A vyt \
Nancy E. Rister,County Clerk
Williamson County,Texas
City of Round Rock
ROUND ROCK
TCXAS Agenda Item Summary
Agenda Number:
Title: Consider executing an Encroachment Agreement with Cal Atlantic Homes of
Texas, Inc. for landscaping and irrigation improvements for the Reserve at
Wyoming Springs Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 5/29/2020
Dept Director: Brad Wiseman, Planning and Development Services Director
Cost: $0.00
Indexes:
Attachments: ENCR2002-0007 PUE Reserve at Wyoming Springs - 200519 Executed
Doc
Department: Planning and Development Services Department
Text of Legislative File CM-2020-146
This agreement allows private landscaping and irrigation to be located in a public utility
easement (PUE) and establishes responsibility for maintenance of this private infrastructure to
be that of the property owner, not the City.
Cify of Round Rock Page 1 Printed on 61112020