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CM-2020-293 - 10/23/2020ELECTRONICALLY RECORDED 2020132051 Williamson County, Texas Total Pages: 9 ENCROACHMENT AGREEMENT This Encroachment Agreement, hereinafter "Agreement," is made and entered into between AVERITT EXPRESS, INC., a Tennessee corporation, whose current address is 1415 Neal Street, Cookeville, Tennessee 38502, 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 located at 2200 Greenhill Drive, Round Rock, Texas, described as Green Square Subdivision, Lot 1, Block A, Williamson County, Texas (the "Property"). B. City is the record holder of a 15-foot Drainage Easement and 50-foot Temporary Construction Easement recorded as Document No. 1985036262 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 as described in Exhibit "A", attached hereto and incorporated herein by reference for all purposes, with the Encroaching Structure being in the nature of a pond wall and perimeter wall, 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 Exhibits "A" and `B," 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; 00446344/ss2 ENCR2004-0003 e4q— 2P2D—�_>g3 2020132051 Page 2 of 9 (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 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 2 2020132051 Page 3 of 9 (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 AVERITT EXPRESS, INC. By: Date Signed: to 15 1 7_oz0 CITY CITY OF UND ROCK, TEXAS By:C.� Laurie Hadley, CiManager , Date Signed: [Acknowledgements on following page.] 2020132051 Page 4 of 9 ACKNOWLEDGMENT THE STATE OF COUNTY OF Or—, alc� This ' strument was acknowled ed before me on this ' 7day of QC 2020, by ame), ashy Q (C (Title) of AVERITT EXP , INC., a Tennessee corporation, whose name id subscribed to the preceding instrument, and acknowledged to me that he executed it for the purposes and consideration Notary Public n and for the State of MY COMMISSION EXPIRES JUNE 26, 2023 ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this 013YXday of Veb . , 2020, by Laurie Hadley, Round Rock City Manager, in the capacity and for the purposes and consideration therein indicated. �.�P�V Ptlg��c • • �'/� N 'ry Public in aq for the State of Texas � 2O • 1 . • z co • r �lgTE of 4 Exhibit "A" 2020132051 Page 5 of 9 ■ ASH & ASSOCIATES SURVEYING - PLANNING - ARCHITECTURE "Sen•ing fhe Community of recas" 142 Jackson Lane San Marcos, Texas 78666 Phone: 512-392-1719 as h an d ass o c i a t e s.n et STATE OF TEXAS COUNTY OF WILLIAMSON 0.086 ACRE EASEMENT DAVID CURRN' SURVEY ABSTRACT - 130 BEING AN AREA TO BE PARTIALLY RELEASED FROM A 15 FOOT WASTEWATER EASEMENT, AS RECORDED IN DOCUMENT NO. 2019066935, A 15 1�00T DRAINAGE EASEMENT, AS RECORDED IN DOCUMENT NO. 2019066933, AND 15 FOOT WATERLINE EASEMENT, AS RECORDED IN DOCUMENT NO. 2019066934, OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS, SAME BEING SITUATED IN THE DAVIS CURRY SURVEY, ABSTRACT NO. 130, WILLIAMSON COUNTY, TEXAS, AND BEING OVER A PORTION OF GREEN SQUARE SUBDIVISION, LOT 1, BLOCK A, RECORDED IN DOCUMENT NO. 2007053552 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1 /2 inch iron rod found at the northwesterly corner of said Lot 1, Block A, Green Square, same being the southwesterly corner of Lot 1, Block F, Crystal Park, recorded in Doc. No.]98706837, Official Public Records of Williamson County, Texas, and the east line of Greenhill Drive, a 60 foot wide public right- of-way; THENCE North 68*46108" East (N68°48'00"E), with the north line of said Lot 1, Block A, Green Square and the common south lot line of said Lot 1, Block F, Crystal Park, a distance of 13.99 feet to a point along the north line of said Lot 1, Block A, and the common south line of said Lot 1, Block F, and from which a found iron rod at the northeasterly corner of said Lot 1, Block A, Green Squares, bears North 68146'08" East, a distance of 577.44 feet; THENCE South 21013152" East, through and across said Lot 1, Block A, Green Square, passing a 7.5 foot Overhead Electrical Easement, as shown by said Plat recorded in Document No. 2007053552, and passing a north line of said 15 foot Wastewater Easement recorded in Document No. 201906635, and continuing on for a total distance of 13.00 feet to POINT OF BEGINNING for a corner of the area herein described; THENCE continuing through and across said Lot 1, Block A, Green Square, the following courses and distances numbered (1) through (8): 1) North 68146108" East, a distance of 546.46 feet for a corner of the area herein described; 2) South 21°18'30" East, passing said 15 foot Wastewater Easement recorded in Document No. 2019066935, and passing the north line of said 15 foot Drainage Easement recorded in Document No. 2019066933, and passing a north line of said 15 foot Waterline Easement, recorded in Document No. 2019066934, and continuing on for a total distance of 337.80 feet for a comer of the area herein described; 2020132051 Page 6 of 9 Exhibit "A" 3) South 68041130" West, passing the west line of the aforementioned 15 foot Drainage Easement, recorded in Document No. 2019066933, and continuing on for a total distance of 4.00 feet for a comer of the area herein described; 4) North 21118130" West, passing a north line of said 15' Waterline Easement, recorded in Document No. 2019066934, and passing said 15 foot Wastewater Easement, recorded in Document No, 2019066935, and continuing on for a total distance of 333.81 feet for a corner of the area herein described; 5) South 68046108" West, passing a north line of said 15' Wastewater Easement, recorded in Document No. 2019066935, and continuing on for a total distance of 558.47 feet for a corner of the area herein described; 6) South 15050'01" West, passing a south line of said 15' Wastewater Easement, recorded in Document No. 2019066935, and continuing on for a total distance of 41.36 feet for a corner of the area herein described; 7) South 68*46108" West, a distance of 5.01 feet for a corner of the area herein described; 8) North 15*50101" East, passing a south line of said 15' Wastewater Easement, recorded in Document No. 2019066935, and continuing on for a total distance of 46.37 feet to the POINT OF BEGINNING and CONTAINING 0.086 ACRES OF LAND. BEARING BASIS HEREIN DERIVED BY GPS MEASUREMENTS ADJUSTED BY HARN (HIGH ACCURACY REFERENCE NETWORK) & PROJECTED TO TEXAS STATE PLANE COORDINATES (TEXAS CENTRAL ZONE) & NAD 83. I, Richard H. Taylor, do certify that this description and associated exhibit were prepared this date from a survey performed under my direction, and is true and correct to the best of my knowledge and belief. t., `,�', a' 4, / 04/14/2020 Richard H. Taylor /�' ----- - Date Registered Professional Land Surveyor No. 3986 State of Texas Attachment: Drawing of Proposed easement over 12.97 Acres of land Job:16-6381-H Exhibit "A" 2020132051 Page 7 of 9 1 /2'1.R.F. 0 30'60' GRAPHIC SCALE: l rr 1 II It0111: a 91 �J7n9a8821 I II itAa. 00 m '17_q a i7JI IW I I I00 I � Ij U —m W, 0. N z Up wz ci I � �f — • / LINE TABLE 1 LINE # LENGTH DIRECTION d I L1 546.46' NW46'06'E LEGEND L2 337.80' S21'le'30'E I IRON PIPE FOUND IRON ROD FOUND l3 4.00' S68'41'30'W d RON ROD SET L4 333.81' M21.18-30-W CAPPEDPLS 5667' I PK lb I.W, SBB'48'06'W CALCULATED POINT I RECORD L6 41.35' 31550'01-W d I(BRG.-IST.) POF BEGINNING T7 6,01' S6C46'06'W 9I I D.E. DRAINAGE EASEMENT 9I I B.L. SUILMG LINE Ln 46.37' NIW50'01"E I I T1 13.00' S21.15'52'E I �I I ll I LOT 1BLOCK I O I I A m Ids I (GREEN SOLIARE) I 12.97 ACRES I II„ I (12.98 ACRES) IIG I I NOTE: G I ARING IIF' BY GGPPSS MEASUREMENTSSISERIVED ADJUSTED Ida i I BY HARN (HIGH ACCURACY II.. REFERENCE NETWORK) k d C 1Im TED TO TEXAS STATE 11. PLANECOORDINATES s NADB3.- - 15' B.L. (PLAT § 816/846) — — I — — — T l i' -ff I T T T O r AY f - S 68'47'31" W 704.12' S 6W47'39" W 704.32') EXHIBIT TO ACCOMPANY DESCRIPTION OF: U N I T 9 n A U T n BEING AN AREA TO BE PARTIALLY RELEASED FROM A 15 FOOT 1f C A B , • WASTEWATER EASEMENT, AS RECORDED IN DOCUMENT NO' 2019066935. A 15 FOOT DRAINAGE EASEMENT, AS RECORDED IN DOCUMENT NO. 2019066933. AND 15 FOOT WATERLINE EASEMENT. AS RECORDED IN DOCUMENT NO. 2019066934. OFFICIAL PUBLIC RECORDS WILUAMSON COUNTY, TEXAS. SAME BEING SITUATED IN THE DAVIS CURRY SURVEY, ABSTRACT NO, 130. WILUAMSON COUNTY, TEXAS, AND BEING OVER A PORTION OF GREEN SQUARE SUBDIVISION, LOT 1, BLOCK A. RECORDED IN DOCUMENT NO. 2007053552 OF THE OFFICIAL PUBLIC RECORDS OF WILUAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED 'RUM AT CRYSTAL PARK COMMERCIAL Cl f6.66 ACRES) 15, P \ AREA 'TO BE 7.5' OVERHEAD ELEC. ESMT (PLAT) PARTIALLY � — — — — — ---.- RELEASED - 15'_WATERLINE EASEMENT — I (Doc.2019066934) 0.086 ACRE BOUNDARY ANNOTATION TABLES SEE DETAILI LINE TABLE 120' UNE BEARING DISTANCE l B1 N 155001 E 56.55 I N 15.51'33- E 56.55- 1' - 120' ' I CURVE TABLE OMINIUMS I. U + - "' ;' + I 98Y11TAL P AAAX 592. 4 —1 A� T —HLY A111ik iA 43� _ -- 5 B R F. LOT 1 I L—_ 15' WA 0 M sL 00 a LOT 2 •- b --gym �m0r mJ. LaTa„U� y r LOT 4 m z r m N � d�'Q• wr Y € i� LOT 6 b 0 I m = o I Ti; mmrm ioo LOT 6 C r o In � .n C � - nrC m i 0 ia� r, I •� 0 OZ y ,per om - Not ]Ca.. I m LOT b m • La Ln bazn LOTS uma• m Fe I I 1 LOT tt m m i I ra yml� TJ46i67380.7CM� BL.00ICIA 1 2297.0400 P A A T 9 A 11SOJVIt10N 99 11L? 21n 8)I BY METES AND BOUNDS ATTACHED. 1. of I. RICHARD H. TAYLOR, 00 HEREBY CERTIFY THAT THIS PLAT OF THE , z.•••••. ' I. (�. PROPERTY SHOWN HEREON, WAS PREPARED FROM A SURVEY PERFORM /�l,•�UT E R� UNDER MY DIRECTION AND SUPERVISION DURING APRIL 2020, AND �9 v:-d`0 TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. F ���k,,.�'• 1(Y(; . Gf` 4/14/2020�b �O RICHARD TAYLOR, R S DATE �ti`. �' eU� 5\ REGISTERED PROFESSIONAL LAND SURVEYOR NUMBER 3986 STATE OF TEXAS ti' CJ ©:ASH R ASSOCIATES, LLC. ASH & ASSOCIATES SURVEYING- PLANNING - ARCHITECTURE 142 JACKSON LANE SAN MARCOS, TEXAS 78666 (512) 392-1719 a shandossociates.net Surveying: 100847-00 Architecture: TX20240 SERVING THE COMMUNITY OF TEXAS' 6-6301-HORAWN BY: MAM ft 41 c W O ui m 0 Im CL co -a E xc WLM M r- m Lu 0 O w E u m 0 UA 2020132051 Page 8 of 9 Lu Li '`' % ex T MZ c ;v 4� AL U.AWN 97.1 17,11 z Tr IL . . . . . . . . . . . . . fx b. A- ENT- 4 v, lo 6 m Tl n US co, i ,J RECORDERS MEMORANDUM 41� or parts the to tor�th,spagewasrot c early leg,ble for satisfactory recordation 2020132051 Page 9 of 9 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2020132051 Pages: 9 Fee: $57.00 10/26/2020 01:50 PM S At, t `O{• Nancy E. Rister,County Clerk Williamson County,Texas Ff �' "NO ROCK TEXAS City of Round Rock Agenda Item Summary Agenda Number: Title: Consider executing an Encroachment Agreement with Averitt Express, Inc. for encroachment into a portion of the Clty's 15 foot Drainage Easement and 50-foot Temporary Construction Easement for the Averitt Express, Inc. Project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 10/23/2020 Dept Director: Brad Wiseman Director of Planning and Development Services Cost: $0.00 Indexes: Attachments: ENCR2004-0003 SS & DRG Averitt - 201009 executed doc, ENCR2004-0003 SS & DRG Averitt - 201016 LAF Department: Planning and Development Services Department Text of Legislative File CM-2020-293 This agreement allows a portion of private perimeter wall and detention pond wall to be located in City drainage and temporary construction easement and establishes responsibility for any maintenance and repair of this private infrastructure to be that of the property owner, not the City. The City Utilities Department Director is agreeable to the encroachment. City of Round Rock Page 1 of 1