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CM-2020-217 - 8/28/2020ELECTRONICALLY RECORDED 2020104282 Williamson County, Texas Total Pages: 8 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 Drainage and Storm Sewer Easement recorded in the Final Plat of Meadow Lake Apartments Subdivision as Document No. 2004099090 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 private storm pipe (HDPE), a private concrete headwall, and private rock riprap 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 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; 00440351/ss2 EN R1912-0002 - , �� 2020104282 Page 2 of 8 (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. F1 2020104282 Page 3 of 8 (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 Mana er By: Date Signed: Title: °o �® z—oz.Z CITY CITY 91F ROUND ROCK, TEXAS Laurie Hadley, ty Manager Date Signed: (Acknowledgements on following page) 2020104282 Page 4 of 8 ACKNOWLEDGMENT THE STATE OF Q. COUNTY OF �T^r Oil_- 4k This instrument was acknowledged before me on this the b day of the month of _,-2020, by (name), _CJyi(,Q f,o,Vc jZ ltitle) 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. t�s+YPU TRACEYDASILVA Signature • SEAL '40— y Commission Expires June11 2021 ��?`.• Commission Number 64w87 Hancock County Printed Nam Notary Public, State of a44L� ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this ay of 32020, by Laurie Hadley, Round Rock City Manager, in the capacity and -for the urposes and consideration therein indicated. QUE's PCB / �O ��c •: Notary Public in and r the State of Texas z E ®IFS `"�: • : �.� 4 2020104282 Page 5 of 8 EXHIBIT "A"' ENCROACHMENT AGREEMENT AREA FIELD NOTES TO ACCOMPANY EXHIBIT 0.064 ACRE OR 2,772 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, 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 corner 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'/" orange capped iron rod found; 3) S 44-08'13" W 159.85 feet to a %z" iron rod found; 4) S 34°10'09" W 101.61 feet to a calculated point for the Southeast corner and POINT OF BEGINNING of the herein described tract; THENCE: S 34010'09" W 46.11 feet, 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, for the Southwest corner of the herein described tract; THENCE: over and across said Lot 1, Block A, Meadow Lake Apartments Subdivision, for the following seven (7) courses: 1) N 55°49'51" W 14.32 feet to a calculated point; 2) N 21-48'50" W 48.31 feet to a calculated point; 3) N 66-48-60" W 54.49 feet to a calculated point; 4) N 20°31'58" E 13.25 feet to a calculated point; 5) N 36°21'41" E 1.81 feet to a calculated point; 6) S 66°48'50" E 77.56 feet to a calculated point; 7) S 55°49'51" E 34.76 feet to the POINT OF BEGINNING and containing 0.064 Acres or 2,772 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. • Prepared onj Sukvey and ecords: Paul Utterback Registered Professional Land Surveyor No. 5738 November 12, 2019 Page 1 of 1 Parcel ID R461207 2020104282 Page 6 of 8 SKETCH TO ACCOMPANY LEGAL DESCRIPTION ATS Job # 1 yUyLti.S /5 Reference: Pedcor Investments Address: 2300 Old Settlers Boulevard, Round Rock, Texas 0.064 Acre or 2,772 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. VOL .CORRECTED INS27VOLPG. 7 2571. PC 09 D.R.W.C.T. {a INVESTMENTS-2016-CLX, L.P. II v (a733 ACRE) REMAINDER OF TRACT 2 -32.07 TRACT 1: LOTS 1 AND 2 II ACRES DESCRIBED IN U1 Vl DOC. NO. 2018046081 V O.P.R.W.C.T. VOL 533. PG. 639 D.R.W.C.T,) ni ENCROACHMENT BLOCK A '• BLUFFS LANDING SENICR VILLAGE AGREEMENT _ . — RE � CABINET EE SUDE 371. P.R.W.C.T. 0.064 ACRE P _z ,772 , OR 2P.O.C. N68'15'18"E 385.20' �/ �NoN; IGAPPED: SQUARE FEET EXACTA Ad?", 30 WIDE WASTEWATER 1 t LINE EASEMENT DOC. NO 'Q >n• N fz�I tl•�,�{pp� 2004078/115 k PER PLAT Ul O 4i� ED rn low 1.' iaJ'� v H�BPI » � 1zv 0) LOT 1, BLOCK A / s -{a MEADOW LAKE APARTMENTS i .. co �! CAB. Z, SLIDES 331-332, L2 L1 my P.R.W.C.T. any 9 WATERLINE EA5EMENT DOC. ND. 201504Ie70 � i cn 428.26' 0 • I a • / CAPPED: y ORANGE Q�i AMS LOT 2 -"GRANT /r0 / �, �� k CAP lc N (2.00 ACRE) GJ 1�� / / �' P.O.B.44 do . LOT 1, BLOCK A (5.096 ACRE)+ ,�' BIG DIAMOND 1554 � � fis.i 8 0 / SUBDIVISION DOC. NO. 2014012831 g0�tt►•0 — 208.22 — 0. P. R. W. C. T. N68'55'00"E 496.17' CAPPED: S68 55'3S"W BAKER—AIKLEN 275.10' OLD SETTLERS BOULEVARD (R.O.W. VARIES) l 1.. OF.. F SCALE: 1"=150' ,` ;���S reR-9 Prepared from .PAUL UTTERBACK. ............................... Survey and r 1.1P 5738�t; Records: -7 �°FEss�° -C) LEGEND )2." (IRF) IRON ROD FOUND 19 "X" INSCRIBED IN CONCRETE CALCULATED POINT ( ) RECORD INFORMATION R.O.W. RIGHT OF WAY CL CENTERUNE O.PR.W.C.T. OMCIAL PUBUC RECORDS WWAMSON COUNTY TEXAS P.R.W.C.T. PLAT RECORDS WIWAMSON COUNTY TEXAS O.R.W.C.T. DEED RECORDS WIWAMSON COUNTY TEXAS —OE— OVERHEAD ELECTRIC LINE (EXISTING) P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT Paul Utterback, RPLS No. 5738 surveyor's Note: a Bearings shown hereon are Engineers Client: Pedcor Investments based on Texas State PlaneJOATSInsrectors Date of Field Work: 1/21/16, & 1/27/16 (TXSP) Coordinates, NAD Field• PArizpe 83-Texas Central Zone 3Tech MBoltan (FIPS 4203). Grid Coordinates. wwwats-engineers.COni1brveyors T9PLS FIRM REG. 01012M Date Drawn: 11/12/19 4910 West H" 290 (612) Zath: BULK\OldSettlers2300\Production\Dwgs\EXHIBIT-EncroachmentAgmt-191105.dwg ALIsnN.TExAs 707U FAX: (612)328• M � LINE DATA TABLE LINE L1 BEARING 554'S6'39"W DISTANCE 128.10' !1 554'57 35' W 128.28 L2 S60.43'50"W 96.30' L2 560'47 58 W 96.48 L3 S44'08'13"W 159.85' L3 S44'04'58'W 159.86' L4 S34'10 09 W 159,19' L4 S34'1016"W 159.29' L5 S17'51'46"W 213,20' L5 517'S3 33"W 213.26' L6 S17'58'29"W 171.83' L6 517'55 52' W 171.69' L7 S34'10 09 W 101.61, L8 534'10 09 W 46.11 L9 N55'49 51 W 14.32 L10 N21'48 50 W 48.31 L11 N66'48 50 W 54.49 L12 N20'31 58 E 13.25 L13 N36'21 41 E 1.81 L14 S66'48 50 E 77.56 L15 S55'49 51 E 34.7fi 2020104282 Page 7 of 8 EXHIBIT "A" cont. - ♦ - • _- ^: ' INSTALL: ^ L ' / 4 I' e' LA BTORM MANHOLE 1. • _ .•• RIM 714.91 `C' ' - i 611' TrMPORAHY CCMSTRUGTION INSTALL I I I FL 43' 4"1) 709.13 EAS[LIENf Jd: NO 200/076815217 ORATE 0 714.28 s I! ® i FL lB' OlR(SI 73 08.1 F 12" 71 .50) ( l'1 V, I ._�.—_..pJ DfWNaOF AND Y70RM!EWER / � .` ` r�-, I' I •, 1 ememN(SEE PLATDETACS) / — I 73 LF OF l3• ® 0.3n r ENCF£OACHMENT S ® \ AGREEM � WfADE WASTEWATER UNE -- I� INSTALL' 3MdO7E ,l EASEMENTDOI: NO 200e 45' BEND \ DOC NO. / — L43': TOB.91 \ 11111 01 i ® CORRECTED EFFECTI`•'F/ / - ,y I 47 \ \ \ / \\4v 100-YEAR FULLY DEV.I.6PED rL000P XN IN ♦ \,%`\ ..t.. 20 LF OF 4r HDPE Q 0.30%.. HEADWALL PER DETAIL / / ,frT ., / � ♦ �) -'♦ ( / j4\�S3r —+- � _ APPROX. 100 LF OF 48 HDPE 1 \ / \�♦ \\ ON SHEEP P41 // l�q� r STORM DRAIN. HEADWALL AND 46REt7FFSITE.STORM—`—•---�.:�` \ \\ // t / ✓�+.t b;.'1h>/. ROCK RIP -RAP T _WLP- DRAINAGE AND 1- - 31!1ER TEASEMENT �' , \�� IN L;6�SY OF 24• / / /. "� DDr. +G zoDaDaesz �A / TNICKwROCK RIPRAP / STO tT H% HE / SS LBEK INIMTJ 8 IN,SiZE ,1� Am RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation 2020104282 Page 8 of 8 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2020104282 Pages- 8 Fee: $53.00 09/02/2020 09.39 AM 1 AST40f F� Gti, Nancy E. Rister,County Clerk Williamson County,Texas