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CM-2020-216 - 8/28/2020ELECTRONICALLY RECORDED 2020104283 Williamson County, Texas Total Pages: 9 ENCROACHMENT AGREEMENT This Encroachment Agreement, hereinafter "Agreement," is made and entered into between PEDCOR INVESTMENTS-2016-CLX, L.P., a Texas limited partnership, hereinafter referred to as the "Owner," whose address is 770 3rd Avenue SW, Carmel, Indiana 46032, 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 described as Lot 1, Block A Meadow Lake Apartment Subdivision, Williamson County, Texas (the "Property"). B. City is the record holder of a 30-foot Wastewater Line Easement recorded in the Plat of Meadow Lake Apartments Subdivision as Document No. 2004078815 of the Official Public Records of Williamson County, Texas (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 a HDPE storm drain and headwall within the Easement Area, as set forth in Exhibit "A," 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 couditions: (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; 00446182/ss2 E'NC R2003-0002 2020104283 Page 2 of 9 (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's satisfaction following notice, then and in that event the City may cause the Encroaching Structure to be removed at the expense of the Owner; (8) 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 of the existence of this Agreement and provide a copy of same. 2 2020104283 Page 3 of 9 (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 PEDCOR INVESTMENTS-2016-CLX, L.P., A Texas limited partnership By: Shadow Ridge Housing Company, LLC, its General Partner By: Pedcor Investments, A Limited Liability Company its ManageV ��iQ Title lf Date Signed: CITY CITY OF ROUND ROCK, TEXAS Laurie Hadley, City a ager Date Signed: i7 �;: ..'r" (Acknoi4edgemenls on following page) 2020104283 Page 4 of 9 ACKNOWLEDGMENT THE STATE OF a COUNTY OF Pd-tn % ljbn This instrument was acknowledged before me on this the /9 day of the month of 2020, by a /'� .( (name), 1' (title) of Pedcor Investments, A Limited Liability Company, being the Manager of Shadow Ridge Housing Company, LLC, as General Partner of Pedcor Investments- 2016-CLX, L.P., known by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of and on behalf of said entity and in the capacity and for the purposes and consideration therein expressed. TRACEY DA SILVA My commission ExpireS : SEAL*1 June 11. 2021 - rN Commission Number 6450li7 Fr, Hancock County THE STATE OF TEXAS NJU60,z)-al A4-al Signature CW Printed NamV , Jf Notary Public, State of'X>�iC/ .!!1 ' ACKNOWLEDGMENT COUNTY OF WILLIAMSON l This instrument was acknowledged before me on thi day o2020, by Laurie Hadley, Round Rock City Manager, in the capacity and for the Orposes and consideration therein indicated. r •��o�gtyPvl^•s %' 4Notarylic in t d for the State ofTe f i N9l VCcy 2 2020104283 Page 5 of 9 EXHIBIT "A" ENCROACHMENT AGREEMENT AREA -Part 2 FIELD NOTES TO ACCOMPANY EX111BU 0.022 ACRE OR 947 SQUARE FEET, MORE OR LESS, BEING A PORTION OF LOT 1, BLOCK A, MEADOW LAKE APARTMENTS SUBDIVISION, A SUBDIVISION IN WILLIAMSON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT AS RECORDED IN CABINET Z, SLIDES 331-332, PLAT RECORDS, WILLIAMSON COUNTY, TEXAS, SAME BEING A PORTION OF THAT CERTAIN TRACT CONVEYED TO PEDCOR INVESTMENTS-2016-CLX, L.P., BY SPECIAL WARRANTY DEED AS RECORDED IN DOC. NO.2018046081, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS, SAME BEING A PORTION OF THAT CERTAIN 30 FOOT WIDE WASTEWATER LINE EASEMENT AS RECORDED IN DOC. NO.2004078815, OFFICIAL PUBLIC RECORDS, AND AS SET FORTH ON SAID PLAT OF MEADOW LAKE APARTMENTS SUBDIVISION, AND BEING FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2" iron rod found in the southwest line of that certain tract conveyed to Wallin Management Company, LLC, as recorded in Doc. No. 2003057840, Official Public Records, Williamson County, Texas, same being a portion of that certain (152.38 Acre) tract described in Vol. 397, Pg. 209, Deed Records, Williamson County, Texas, same being the most Easterly Southeast comer of Lot 1, Block A, of said Meadow Lake Apartments Subdivision, same being the Northeast corner of Lot 1, Block A, Big Diamond 1554 Subdivision, a subdivision in Williamson County, Texas, according to the map or plat as recorded in Doc. No. 2014012831, Official Public Records, Williamson County, Texas; THENCE: along the south line of said Lot 1, Block A, Meadow Lake Apartments Subdivision and the north line of said Lot 1, Block A, Big Diamond 1554 Subdivision, the following four (4) courses: 1) S 54-56-39" W 128.10 feet to a calculated point; 2) S 60°43'50" W 96.30 feet to a W orange capped iron rod found; 3) S 44`08'13- W 159.85 feet to a %" iron rod found; 4) S 34-10109" W 159.19 feet to %Z" iron rod found for an angle point in the said Lot 1, Block A, Meadow Lake Apartments Subdivision and the north line of said Lot 1, Block A, Big Diamond 1554 Subdivision; THENCE: N 18*16'30" W 24.18 feet, over and across said Lot 1, Block A, Meadow Lake Apartments Subdivision, to a calculated point in the south line of said 30 foot wide Wastewater Line Easement, for the Southwest comer and POINT OF BEGINNING of the herein described tract; THENCE: over and across said Lot 1, Block A, Meadow Lake Apartments Subdivision, for the following six (6) courses: 1) N 21 °48'50" W 37.21 feet to a calculated point; 2) N 37°42'01" E 19.33 feet to a calculated point; 3) S 66°48'50" E 14.33 feet to a calculated point; 4) S 55-49'51" E 16.16 feet to a calculated point; 5) S 37°42'01" W 30.58 feet t to a calculated point; Page 1 of 2 2020104283 Page 6 of 9 EXIMIT "A" ENCROACHMENT AGREEMENT AREA -Part 2 6) S 28°05'36" W 12.38 feet to the POINT OF BEGINNING and containing 0.022 Acres or 947 square feet of land, more or less. Bearings cited hereon are based on Texas State Plane (TXSP) Coordinates, NAD 83-Texas Central Zone 3 (FIPS 4203), Grid Coordinates. Prepare¢ froln S,eFui�r'v��-ey arO Records: r✓ `�0 Paul Utterback Registered Professional Land Surveyor No. 5738 March 3, 2020 ATS Engineers, Inspectors, Surveyors TBPLS FIRM REG. #10126000 Page 2 of 2 References: WCAD Parcel ID R461207 OFF •'� 19 t F ` �... PA ...,VLLI.�rtJTT_ciT�RBkC. e :? 5738 a 2020104283 Page 7 of 9 SKE7CH TO ACCOMPANY LEGAL DESCRIPTION ATS Job # 19092637s Reference: Pedcor Investments Address: 2300 Old Settlers Boulevard, Round Rock, Texas 0.022 Acre or 947 square feet of land, more or less, being a portion of Lot 1, Block A, MEADOW LAKE APARTMENTS SUBDIVISION, a subdivision in Williamson County, Texas, as recorded in Cabinet Z, Slides 331-332, Plat Records, Williamson County, Texas, some being a portion of that certain tract conveyed to Pedcor Investments-2016—CLX, L.P. by Special Warranty Deed as recorded in Doc. No. 2018046081, Official Public Records, Williamson County, Texas. ARDALIA M ':TIN Z PEDCOR L........ L/7 2527, PG. 6 8 O.R. ` C.T 1V IV N VOL 2571. PG 7G9 D.P.. p -+ INVESTMENTS-2016-CUP, L.P. -a REMAINDER OF TR CT 2 -32 V TRACT 1: LOTS 1 AND 2 I, ACRES DESCRIBED IN Ch (.T1 DOC. NO. 2018046081 V 533. PG. 6 D.R.4.1C.T.) .p w ENCROACHMENT O.P.R.W.C.T. o, � L IS '.FFS LAND . a. AGREEMENT rYj C ET EL, SU.E 3., 0.022 ACRE N68'15'18"E 385.20' OR 947 /�5`"� P.O.C. CAPPED: SQUARE FEET EXACTA p4v 44 ..... � s _ N) rn LOT 1, BLOCK A 0�s h — — p MEADOW LAKE APARTMENTS �� QSt 7� v CAB. Z, SLIDES 331 332,o•� / L1 P.R.W.C.T. -'� �j , L2 WATERUNE EASEMENT_ DOC NO. 2018041570 .. N65-1O'11'E / 7 cn 428.26' ry r- -- N GI CAPPED: h�(O TIE! �1� �r oenrEr + OO NARR s ` I o) rn LOT 2 -GRANT /�� ' �L7 CAP (2 ')C ACRE) P.O.B. 66.88rb ' 208.22 / 9ACAPPEX:u7! ` o S6855'35"W N68'55'00"E 496.17' 275.10' OLD SETTLERS BOULEVARD (R.O.W. VARIES) SCALE: 1'=150' o q : U) :.... Prepared from ........................... PAUL UTTERBACK Survey and r�,��5738 �"' Records: �' OFEss�a?:-lo �• LEGEND YZ" (IRF) IRON ROD FOUND 0 "X" INSCRIBED IN CONCRETE CALCULATED POINT ( ) RECORD INFORMATION R.O.W. RIGHT OF WAY CL CENTERLINE O.P.R.W.C.T. OMCIAL PUBUC RECORDS HiWAMSON COUNTY TEXAS P.R.W.C.T. PLAT RECORDS 1NWAMSON COUNTY TEXAS D.R.W.C.T. DEED RECORDS WWAMSON COUNTY TEXAS —0E— OVERHEAD ELECTRIC LINE (EXISTING) P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT LINE DATA TABLE BEARING DISTANCE 554'S6'39"W 128.1D' S54'57'35"W 128.28' FL2 S60'43'50"W 96.30' S60'47'58"W 96.48'S44'08'13"W 159.85S44'04'58"W 159.B6' S34'10'09"W 159.19, L4 S34'1O'16"W 159.29' L5 S17'51'46"W 213.20' LS S17'53'33" W 213.26' L6 517'58'29"W 171.83' L6 S17'55 52"W 171.69' L7 N18'16'30"W 24.18' LB N21'48'50"W 37.21' L9 N37'4201"E 19.33- L10 S66'48 50'E 14.33' L11 S55'49 51 E 16.16 L12 L13 S374201 'W S28'OS 36 W 30.58 12.38 �1SURF, Surveyor's Note: 10ATSInsreedors ngineem Paul Utterback, RPLS No. 5738 Bearings shown hereon are Client: Pedcor Investments based on Texas State Plane 4Date of Field Work: 1/21/2016, & 1/27/2016 (TXSP) Coordinates, NAD www.aft-onginears.com Qry Field: PArizpe 83-Texas Central Zone 3 TBPLSFIRM REG. *1012WW Tech: MBolton (FIPS 4203), Grid Coordinates. 4910W9nHwy290 1612)3298896 Date Drawn: 3/3/2020 AUSIIN,TEYAS 7e7ae FAX: 1�1028�-W�6� Path: BULK\OldSettlers2300\Production\Dwgs\EXHIBIT_EncroachmentAgmt-Part2_191105-200228.dwg Jzg LDI LL 2020104283 Page 9 of 9 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2020104283 Pages- 9 Fee: $57.00 09/02/2020 09.39 AM 1 AST40f F� Gti, Nancy E. Rister,County Clerk Williamson County,Texas