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CM-2020-272 - 10/9/2020ELECTRONICALLY RECORDED 2020125741 Williamson County, Texas Total Pages; 20 ENCROACHMENT AGREEMENT This Encroachment Agreement, hereinafter "Agreement," is made and entered into between AMFP IV CHAPEL HILL LLC, a Texas limited liability company, whose address is 100 Park Avenue, Suite 3500, New York, New York 10017, 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 401 Westinghouse Road, Round Rock, Williamson County, Texas (the "Property"). B. City is the record holder of a Water Line Easement recorded in Document No. 2002072796 of the Official Public Records of Williamson County, Texas, said Easement 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 a pond outfall pipe sloped end treatment and mortared rock riprap, 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 "B," unless Owner is required to relocate the Encroaching Structure within the Easement Area to an alternate location agreed upon by the City, in order to comply with all laws, codes, and ordinances, including but not limited to the Round Rock Code of Ordinances, and 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) Subject to any relocation of the Encroaching Structure required pursuant 00455374/ss2 Chapel Hill Apartments (�,,1, 2Lr,2L-z-1z 2020125741 Page 2 of 20 to subclause (l) above, removal of the Encroaching Structure 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; (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 only 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 Ioss 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, employees and officials. The parties agree that the provisions of this section shall survive the 2 2020125741 Page 3 of 20 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. (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 AMFP IV CHAPEL HILL LLC, a Texas limited liability company Name: Title: "\J v c-9— 0 (e_S Date Signed: C\ .. -Z.` ^ Z to CITY CITY OF ROUND ROCK, TEXAS By: 1�.I 51014.. Y111,,1L4J_ Laurie Hadle ,-City Mana pF Date Signed: 3 2020125741 Page 4 of 20 [Acknowledgements on following page.] ACKNOWLEDGMENT THE STATE OF le COUNTY OF Thi instrument was acknowledged before me on this day of �'1' 2020, by b I "t (Name), as ' - ,R(! (Title) of AMFP IV CHAP L HILL LLC, a Texas limited liability company, whose name is subscribed to the preceding instrument, and acknowledged to me that he executed it for the purposes and consideration expressed in it. MIC}tAEI_ state of New Yof,, Not / 2, Reg. � Public, o1A16158� -r'� Quajfied ;n New �� a 16 2o24 Notary Public in and r e State of �mtssion expires ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON 7 This instrument was acknowledged before me on this Q�41ay of 32020, by Laurie Hadley, Round Rock City Manager, in the capacity and for the purposes and consideration therein indicated. �� N1QUE i �S ��i ��`� • .��PAY PVBI..• Notary Public in nd for the State of s 4 '• �OlF OF SF�P g�9•; `� y�lo�%ORES 6251 111111111111 2020125741 Page 5 of 20 Exhibit "A" 2002072796 l ; P9 s WATERLINE EASEMENT AND TEMPORARY CONSTRUCTION EASEI,NT THE STATE OF TEXAS � \� § XNOW ALL BY THEC,� S : COUNIrY OF WILLIAMSON § That Carrie Ann Barton Toungate Smith; Charle G Barton; Hilda Rose Barton; Merry Carol Williams Rodriguez, I ially and as custodian for Dalton Wade Williams Rodrig Ili-rri Leanne Williams Wisian, Individually and as custodia rannah Liann Wisian, and their successors and assigns, he I er referred to as "Grantor" (whether one or more), for and i ns�ideration of the payment of TEN and NO/100 ($10.00) DOLLA a other good and valuable consideration in hand paid to G IT hhe CITY OF ROUND ROCK, TEXAS, a home rule municipal cot, situated in the County of Williamson, State of Texas, " "), the receipt of which is hereby acknowledged, has GRAN D, LD and CONVEYED and by these presents does GRANT, SELL, apL )s unto Grantee certain rights and interests in the na a perpetual waterline easement and a temporary const cti easement to construct, install, operate, maintain, i ,"en rge, reconstruct, rebuild, relocate and remove an and grou water distribution system and underground waterlines, t gee r w' h all necessary lines, pipes, conduits, valves, vaults, n es, ventilators, and other equipment, improvementp\\and ap tL enances thereto, which includes all necessary above grbappurtenances, in, upon, over, under, above and across the foAfb ring described property, to --wit: See Exhibit �"A" V �d hereto and made a part hereof for all inte`h a urposes hereunto and in any wise pertainingcti' 2.142 acre waterline easement out of the Epham s Survey, Abstract No. 2.12, and the John Peeley, Abstract No. 491, in Williamson Count a100�id easement being a portion of that cal. �Y acre tract conveyed to C. A. Barton, et al by x o ed in Volume 319 on Page 524 of the Deed Reco o Williamson County, Texas, and being more ;a;r,ly described by metes and bounds as indicated; }etch to Accompany Description" attached hereto and m a part hereof for all intents and purposes hereunto C� nd in any wise pertaining, showing a variable width \ porary construction easement. u.ar�wwr,K��x,o wtx�x•Ccmw�nn. timiuxunnrnt�etis iEHr,�rm:iwwMAC 2020125741 Page 6 of 26 Exhibit "A" This conveyance is made and accepted subject to any and all conditions and restrictions, if any, relating to the hereinabove described property to the extent, and only to the extent, })fit the same may still be in force and effect and shown of recor �n the office of the County Clerk of Williamson County, Texas. Except as otherwise noted, the easement, rights L,, ges herein granted shall be perpetual, provided how �ictb t said easement, rights, and privileges shall cease and re r 'grantor in the event the waterline and related systems ar a oned, or shall cease to be used, for a period of two (2 ) 9cStrs, a years. The easement, rights, and privileges ' ted'-"herein are exclusive, and Grantor covenants that s/hee '11\ of t convey any other easement or conflicting rights with area covered by this grant, without the express written cony . Grantee, which consent shall not be unreasonably withhe Gree shall have the right to review any proposed Basemen �/`�icting use of the easement to determine the effect, f 4)qy, on the waterline contemplated herein. Prior to grant s consent for other easements, Grantee may require reasafeguards to protect the integrity of the waterline thereo Grantor further grants (a) the right to gra th easement for the full width thereof and to exten cuts and fills for such grading into and on ibe land ong and outside the easement to such extent a��frantee may find reasonably necessary after both rii nal construction and installation of the waterl a ollowing any repair or maintenance perford® o ine; (b) the r' \ ingress to and egress from the easements over d a oss the strip of Grantor's property between VINtd �'r w and the permanent easement by means of roads ram s` hereon, if such exist; otherwise by such route ut as shall occasion the least practicable damage r10; onvenience to Grantor; the foregoing right of inq ess and egress includes the right of the Grantee to 3semble, remove, take down, and clear away any fence, b ricade, or other structure which obstructs, prevents, hinders Grantee's ingress to and egress from the i�;� rantor's property, and should Grantee deem it necessary to so disassemble, remove, take down, or clear away any such fence, barricade, or other structure, Grantee shall, �T as soon as is reasonably feasible, replace or restore �\ Grantor's property to as similar a condition as 2. 2020125741 Page 7 of 20 Exhibit "A" reasonably practicable as existed immediately prior to Grantee's actions pursuant to this provision, unless said fence, barricade, or other structure is inconsis with the rights conveyed to Grantee herein; the f x oing right of ingress and egress applies during the�pezln-' f construction as well as for maintaining and rep c pq waterline; !w (c) the right from time to time to trim and dbIwn and clear away any and all trees and brush no reafter on the permanent and temporary const o asements except for those trees listed on at ch Exhibit "B" which now or hereafter in the opini Gr ntee may be a hazard to any the pipeline, v es, ppliances or fittings, by reason of the dange lling thereon or root infiltration therein, or i c� may otherwise interfere with the exercis' of rantee's rights hereunder, provided, howev all trees which Grantee is hereby authori d cut and remove, if valuable for timber or firew all continue to be the property of Grantor, but a s, lops, brush and refuse wood shall be burned or emo d by Grantee; (d) the right to mad' t ation of the easement by suitable markers et in he ground; provided that such markers shall be ce in fences or other locations which will not interwith any reasonable use Grantor shall make o0 e easement; (e) the right 6Z 611, maintain and use gates in all fences whi � cross or shall hereafter cross easemeAG the keep such gates locked with locks provided �� t � -1 ity of Round Rock; and (f) prpvid��" temporary fence during the period of Ow, � sufficient to keep Grantors' livestock Grantors' property. Gran eh&' e y covenants and agrees: ( �ee shall not fence the easement; 1411), ntee shall promptly backfill any trench made by it on N(the easement and repair any damage it shall do to (\ Grantor's private roads or lanes on the lands; Grantee shall indemnify Grantor against any loss and damage which shall be caused by the exercise of the 3. 2020125741 Page 8 of 20 Exhibit "A" rights of ingress and egress or by any wrongful or negligent act or omission of Grantee's agents or employees in the course of their employment. (*",,,) It is understood and agreed that any and all equ'ps- nt qd facilities placed upon said property shall remain the �o5p4e y o€ Grantee, provided that Grantee will promptly remove a 1 ash, vehicles, machinery, and equipment which is not an in ,part of the waterline system from the easement areas '0 p�riMig the completion of any work on it. >1 In addition to the foregoing, and for the co e*eration set forth above, Grantor has this day granted nv yed, and by these presents does grant and convey, unto an , a temporary construction easement in, under, over, o and across the following described property, to -wit: See "Sketch to Accompany Descript'MP-7'ahed hereto and made a part hereof for all intents and ¢urp es hereunto and in any wise pertaining, showing a} rle width temporary construction easement. Said temporary constru t-ron �`s� ng granted to facilitate Grantee's construction an ns on of the waterline on/or adjacent to the above -re a%nced and, and is for the express purpose of construction an r ated work, and of construction and/or reconstruction of a wat ne. Grantor grants such temporary construction easement Grante Z, its agents and employees, with necessary equipment, to ner upon and have access to the real property owned by Grai\� This temporal cb-h r ction easement shall exist from the date construction begins n ^hall continue until and after completion of the project, o �Jws: after final completion of the project, that being Aef ed thirty (30) days after issuance of the Certificat Q tion, this temporary construction easement shall to a expiration of the temporary construction easement �s n� otherwise affect any of Grantee's easement rights. v\ T D TO HOLD the rights and interests described unto Grante and is successors and assigns, forever, and Grantor does hereby er/himself, her/his successors and assigns, and legal redid atives, to warrant and forever defend, all and singular, 1't t� bov described easement and rights and interests unto Grantee, �.�s+�ccessors and assigns, against every person whomsoever 1'1 uy claiming, or to claim, the same or any part thereof. 4. 2020125741 Page 8 of 20 Exhibit "A" IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the day of2002. � C L GRANTOR: By: LW'& T-u Printed Name: Title: GRANTOR: By: Print #-r- t,�4 5. 2020125741 Page 10 of 20 Exhibit "A" All THE STATE OF TEXAS COUNTY OF JL�jjjjaMSM§ v This instrument was cknowl'co�nsdeef o me on ay of 2002, by r in the capa y and for the purposes and 'at ion tpressed. TERRIWOCOWMY ` MYca�nesMEXPIREs ary P. S ate of Texa " VI M " THE STATE OF TEXAS COUNTY OF 1 %1(� § This instrument was a•ki�owl d b fore me on the W day of AuQust2002, by bir±Dtl , in the capa y and for the purposes nsideration therein expressed. TEBRIWOODWGY , MY o ary Public, State of V as THE STATE OFOTE 1 S § COUNTY OF ` �\d' O✓� § This 11� r.,u ent wa acknowledged before me on the Z L day of 002, by rfjY uv, rir-?nn��.►1s�x`�.�vr, iin the capaci'fx an )for the purposes and consideration therein expressed. pvp ANN PREU3SE ' NotaryPublic State of Texas ' �oe20o6 6. Exhibit "A" 2020125741 Page 11 of 20 THE STATE OF TEXAS § COUNTY OF This instrument was acknowledged before mi 2002, by E (if e.>I c for the ___ and consi Brat on 4OY P�ef �� '� ANN PR5USSE THE STATE OF TEXAS COUNTY OF _�2./ This instrument was ac/�ot 2002, by � capa ity and for the purp� EMMANAALENEBAR6 U Notary PuDho, Stale of Texas MyCommissionExplres AFTER RECORDING REi�C .J Sheets & Cr sf' ld, C. 3 309 East MK <t e Round Rock. '-1�6 7. Notary the � �da��of the 6xj?�essed. G� t to of Texas Mope me on the 44day of 2J.4&anrJ &/Q�, in the eration therein expressed. a wow Notary Public, State oV Texas Exhibit "A" 2020125741 Page 12 of 20 21. Aide Waterline Easement Page 1 of 2 DESCRIPTION FOR A 2.142 ACRE WATERLINE EASEMENT OUT OF THE J. PATTERSON SURVEY, ABSTRACT NO. 502, AND THE FRANCIS A. HUDSON SURVEY, ABSTRACT NO. 295, IN WILLIAMSON COUNTY, 'TEXAS, SA EMENT BEING A PORTION OF THAT CALLED 185 ACRE TRACT CONVEMIKO C. A. BARTON, ET. AL., BY DEED RECORDED VOLUME 319 ON PAGE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND PARTICULARLY DESCRIBED BY METES AND BOUNDS AS F Ow�y�� BEGINNING FOR REFERENCE an iron red found for the rPrast-n ?ly southeast coma of that called 82.8658Acre tract of land conveyed to WiM � tey%Charitable Trust by Deed recorded as Document No. 9973761 of the � ordsof said county, same being the northeast comer of that called 0.50 re`tra�tof d conveyed to Capitol City Oil Company by deed recorded in Vol 193�; Pa of the Official Records of said county, and said poise being on the wgst isle c eni�,185 Acre tract; THENCE with the west line of said 185 Acre tract,the Aw�fine of said 82.8658 Acre tract, N 20'45'46" W for a distance of 345.36 fQnortherly southwest comer and POINT OF BEGINNING hereof: THENCE cotrdnuing with the west line of 85 tract, and the east line of said 82.8658 Acre tract, N 20°45'46" W�dis .00 feet to the northwest corner hereof; �(( THENCE departing said tine, u lhe_irlforSor of said 185 Acre tract, the following eleven (11) counts and dista 1) N 67'57'36j tbf 1 feet to an angle point hereof, 2) S 20'451 "E a dis of 253.66 feet to an angle point hereof, 3) N 69'001522 E`a of 8796 feet to an angle point hereof, C 4) "2'08" E a distance of 259. 85feet to an angle point hereof, 5) "".51 distance of 828.00 feet to an angle point hereof, t\ 10 W a distance of 10.00 feet to an angle point hereof, "E a distance of 148.00 feet to an angle point hereof, 21*25'19" E adistance of 10.40 feet to an angle point hereof; N 69*34141" E a distance of 1557.68 feet to an angle point hereof, N 23148100" E a distance of 62.92 feet to an angle point hereof; and J 11) N 68049100" E a distance of 51.70 feet to a point on the east line of said 185 O Acre tract, same being the west lint of County Road 116, for the northeast cornerhereof, THENCE with the east line of said 185 Acre tract, and the west line of said County i\•1 �\ �� Road 116, S 21'17131" E a distance of 25.00 feet to a point for the most northerly southeast comer hereaF, \ �l THENCE departing said line, through the interior of said 195 Acre tract, the following seven (7) courses and distances: 1) S 68'48100" W a distance of 41.38 feet to an angle point hereof, 2) S 23049100" W a distance of 69.96 feet to an angle point hereof, Ockbif %1'#v Age JofS 2020125741 Page 13 of 20 Exhibit "A" 20. ide Waterline Easement Page 2 of 2 3) S M4141" W a distance of 2559.10 feet to a point on east line of that called 0.696 Acre tract of land conveyed to the City of Round Rock by deed recorded in Volume 547, Page 122 of the Deed records of said county for an angle point hereof; M 4) with the cast line of said 0.696 Acre Iract, N 21107108" W a dis ce of 3TQ1� feet to a point for the northeast comer of said 0.696 Acm tract. 4M le�o t hereof, 5) with the north line of said 0.696 Acre tract, S 69'00'52° 13t of 98.09 feet to a point for an angle point hereof, 6) departing the north line of said 0.696 Acre treat, ?� V a distance of 253.29 feat to an angle point hereof, and �\ 7) S 67.57136" W a distance of 15.00 feet to O BEGRGWNG and containing 2.142 Acres of land more or leas . All bearings arse grid bearings based on the Texas s PTe�Coordinate System, Central ZoM NAD83, per GPS Survey Perfomred ily, 2 11 203 E? Wisib S LEN u ASSOCIATES( 203 E. tvlam StraeG Suite 201 \\— �c Round Rook, TX 78664 i P.L.S. W-.VR00ZFS=K%WPE?MOHOPU AKMN-ESMT doe 11!•71t�10 �"� \, V MM V le.0 ZW5 e A. Hunt o 02. #4329 &,dF "f"Os 2020125741 Page 14 of 20 Sydo £ "d tnE�FDeF�d� V ah %14 Q��r O W ca I (/r I I 15 I \J I or •r ar.". I W CITY OF ROUND ROCK : g VOLUME 547, PAGE 122 O.P.R. W.C. T, .;B— #"A' 0.696 AC. V Ill r WILLIAM D. KELLEY1!, I 1 CHARITABLE TRUST x o 02.6658 AC DOCUMENT N! 673761 m O.P.R.W. .: CAPITOL CITY OIL CO. VOLUME 1939, PAGE 37 I I OP.R.W.C.T. 0.50 AC. 9 ii Ic J 7-f! U 2020125741 Page 15 of 20 MA TCIILM I � C� I W d I a } w ■ r .. I � Q � .o � z w W EL LO o. Z v a h l 3 � �� a� T CL I co I a >- Iq a wIx qMt O a$m° V I IM N � I LU I � 3: I z JJ I h u g I d MATCHLME JY-1 p 2020125741 Page 16 of 20 a 41, o, ~ `�v Ix hwti~ VV�y IN a c3 to w� �a C. A. BARTON. ET. AL. z VOLUME 3f9, PAGE 5E4 I R. CALLED LEO 185 AC • SECOND TRACTco \ U l p $ ra U MA TC14UNE co 14) � I H �) a I tu I W I I � g c•� \ a Nle IL : cn I ai �g � qt e7 U o I o u u I a •o I W I Id �� � v o o0 _ g ;1% F4 - CL oc $ r 2020125741 Page 17 of 20 OROED RMWA OFFICIAL PUBLIC RECORDS �� F7 K � 09-20-200903:10 PM 2002072796 ANDERSON $33.00 NANCY E. RISTER COUNTY CLERK WILLIAMSON COUNTY, TEXAS oa 0 SCANNED# 2020125741 Page 18 of 20 Exhibit "B" LEGEND —XXX— _r EXISTING MAJOR CONTOUR �;>1, EXISTING MINOR CONTOUR r—XXX — PROPOSED MAJOR CONTOUR ---XXX— - PROPOSED MINOR CONTOUR — — PROPERTY LINE PROPOSED MORTARED ROCK —1 AREA OF ENCROACHMENT 0 15' 30' 60' 15' WASTEWATER EASEMENT , . / —'—� / SCALE: 1 "=30' C. �� /I I1 �yy as2 SKEWED 4:1 MITERED m SLOPE END TREATMENT r � _ 1 ss o' x - \ f \ 1 REMAINDER OF 2.142 ACRE ORTARED ROCK � � � �� LINED CHANNEL WATERLINE EASEMENT �� DOC. NO. 2002072796 ILLJ�\ Issued 8-25-2020 ONE HALFF® ENCROACHMENT EXHIBIT Scale 1"=39 No Drawn By PMH BWLDIN TEXAS 78729 CHAPEL HILL APARTMENTS AVID. 33984.003 BU9rIN TEXAS 76R9 FIAX EL jsiil2528141 401 WESTINGHOUSE ROAD HALFF Office: AUSTIN TBPELB, ENGINEERING FIRM 11717 GEORGETOWN, TEXAS 78626 SH•POND-33984.aa3.dwg 2020125741 Page 19 of 20 Exhibit "B" 7 IF I �s r o D f � JJ� � rri INV ,iJ— IZA,� LOT P C{ C KA 79 79 ACRERE S � 4s0 A RES. 7 r— Z. NI_ 1- III N It k I I REMAINDER OF 2.142 ACRE WATERLINE EASEMENT DOC. NO. 2002072796 i 0.P.R.W,C.T. r O LOT 4 OBLOCK A 3 51 ACR S x k W— av 471.1' AREA OF ENCROACHMENT USE WESTINGHO ROAD JL._...1 I MEN HALFOEMF° 9100 AMBERGLEN BLVD BUILDING F. SUITE 123 AUSTIN TEXAS 70729 TEL 1512I T"-" FAX (512I252-0111 TBPE.S ENG NEERING FIRM 031i ENCROACHMENT EXHIBIT (LOCATION MAP) CHAPEL HILL APARTMENTS 401 WESTINGHOUSE ROAD GEORGETOWN, TEXAS 78626 Issued: 8-25-2020 Scale: N.T.S. Drawn By: PMH AVO: 33984.003 HALFF Office: AUSTIN SH-POND.33984.003 dwg 2020125741 Page 20 of 20 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2020125741 Pages: 20 Fee: $93.00 10/13/2020 03:32 PM t Air_O_f•�� s., sa Nancy E. Rister,County Clerk Williamson County,Texas ROUND ROCK TEXAS City of Round Rock Agenda Item Summary Agenda Number: Title: Consider executing an Encroachment Agreement with AMFP IV Chapel Hill LLC for encroachment into a portion of the City's Water Line Easement recorded in Document No. 2002072796 for the Chapel Hill Apartments Project Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 10/9/2020 Dept Director: Michael Thane, Director of the Utilities and Environmental Services Department Cost: Indexes: Attachments: Chapel Hill EA, Encroachment Map Department: Utilities and Environmental Services Text of Legislative File CM-2020-272 On Westinghouse Road, the City of Round Rock has an existing easement for a 48-inch water main. The property containing the easement is currently in the development process to construct an apartment center on the site. The owner requested that the City of Round Rock allow an encroachment on the existing waterline easement. The encroachment is a private water detention pond outfall constructed of mortared rock riprap. The stormwater outfall is required at the encroached location due to site topography. The stormwater outfall will not be constructed over the actual water main. The encroachment agreement will provide the City of Round Rock the ability to remove the proposed stormwater outfall if needed in order maintain the existing water main. City of Round Rock Page 1 of 1