CM-2020-294 - 10/23/2020ELECTRONICALLY RECORDED 2020132053
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 Water Line Easement recorded as Document No.
201906694 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 masonry 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;
00446340/ss2
�,yE��NCR20/0'4-0004 �f
2020132053 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 bold 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
2020132053 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: 1� �.S t7-0ZO
CITY
CITY OTY700UND RO K, TEXAS
Laurie Hadley, Chy Manager
Date Signed: f 6�a(1a'O
[Acknowledgements on following page.]
2020132053 Page 4 of 9
ACKNOWLEDGMENT
THE STATE OF
COUNTY OF
Thiitrument ac owledged before me on this day of—C)A020,
by (Name), as P '�c3 (Title) of
AVERITT EXIIWS, INC., a Tennessee corporation, whose nahe is subscribed to the preceding
instrument, and acknowledged to me that he executed it for the purposes and consideration
expressed in it.
OF
. CZAR EE - Notary Publi in and for the State of
PUBLIC
MY COMMISSION EXPIRES JUNE 26, 2023
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this �3M of 2020
by Laurie Hadley, Round Rock City Manager, in the capacity and for the purposes and
consideration therein indicated
�. aUEEADr,
t i
p1119 / : otary Public in d for the State of Texas
._ iTFOF- s
4
2020132053 Page 5 of 9
Exhibit "A"
1 ASH & ASSOCIATES
SURVEYING - PLANNING - ARCHITECTURE
"Serving the Community of Texas"
142 Jackson Lane
San Marcos, Texas 78666
Phone: 512-392-1719
as h an das so ci at es.n et
STATE OF TEXAS
COUNTY OF WILLIAMSON
0.005 ACRE EASEMENT
DAVID CURRY SURVEY ABSTRACT - 130
BEING AN AREA TO BE PARTIALLY RELEASED FROM A 15 FOOT WATER LINE 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 southeasterly corner of said Lot 1, Block A, Green Square,
same being the northeasterly corner of Lot 1, Block A, United Auto Parts, recorded in Doc. No.2008020170,
Official Public Records of Williamson County, Texas, and the west lot line of west lot line of Lot 12 Block H,
of the Re -subdivision of Chapel Hill North Section 3, as recorded in Doc. No.198900529, Official Public
Records of Williamson County, Texas;
THENCE South 68°47'31" West (S68°47'39"W), with the south lot line of said Lot 1, Block A, Green Square
and the common north lot line of said Lot 1 Block A, United Auto Parts, a distance of 205.62 feet to the
POINT OF BEGINNING, and to a southeasterly corner of said 15 foot Water Line Easement recorded in
Document No. 2019066934, and from which a found iron rod at the southwesterly corner of said Lot 1, Block a,
Green Squares, bears South 68°47'31" West, a distance of 498.50 feet:
THENCE South 68°47131" West (S68°47'39"W), with the south line of said Lot 1, Block A, Green Square
and the common north lot line of said Lot 1 Block A, United Auto Parts, and the south line of said 15 foot
Water Line Easement recorded in Document No. 2019066934, a distance of 15.00 feet for a corner of the area
herein described, and from a found iron rod at the southwesterly comer of said Lot 1, Block a, Green Squares,
bears South 68°47'31" West, a distance of 483.50 feet;
THENCE continuing through and across said Lot 1, Block A, Green Square, the following courses and
distances numbered (1) through (3):
1) North 21105128" West, passing the north line of a 10 foot Public Utility Easement, as showed by said Plat
recorded in Document No. 2007053552, and an east line of said 15 foot Water Line Easement recorded in
Document No. 2019066934, and continuing on for a total distance of 14.26 feet for a corner of the area herein
described;
2) North 68154132" East, a distance of 14.98 feet to an east line of said 15 foot Water Line Easement recorded
in Document No. 2019066934, for a corner of the area herein described;
2020132053 Page 6 of 9
Exhibit "A"
3) South 21*10103" East, passing the north line of a 10 foot Public Utility Easement, as showed by said Plat
recorded in Document No. 2007053552, continuing on for a total distance of 14.26 feet to the POINT OF
BEGINNING and CONTAINING 0.005 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.
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
2020132053 Page 7 of 9
Exhibit "A"
wwwr9 .nw /S/ECTRUM AT CRYSTAL PARK COMMERCIAL CONDOMINIUMS n7p y I Y- r L 13 P A R K
Eci1714484agQ ------ {B.sB ACRES) ____ _
/ 13' P.U.E. (!/I 6)— —{ D �C • 1 9� 7
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Z0,90s69 S�R ESM'T.D.E. (PLAT & 1247/383)
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(DOC.2019066934) I LOF2 h
BOUNDARY ANNOTATION TABLESI I II! b
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II CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING S III LOF3 v W zz
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_I�--15' B.L1PLAT &A11846) _._..----------------- I OS.M1 1
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483.50' S 68'47'31" W 704.12' L1 205.62' DNT>"J99,T040`
I (S 68'47'39" W 704.32') BLWA E313229T.0490
EXHIBIT TO ACCOMPANY DESCRIPTION OF: ""' T a (n n e T: 2 tl a 9 6 2 d I El )1 Y 1 11 O N
BEING AN AREA TO BE PARTIALLY RELEASED FROM A 15 FOOT WATER I G A S , B 9 . E L . 2 0 B )
LINE 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 i, 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 ATTACHED.
I, RICHARD H. TAYLOR, DO HEREBY CERTIFY THAT THIS PLAT OF Ty�� C7<<+••_:_, ik�1
PROPERTY SHOWN HEREON, WAS PREPARED FROM A SURVEY PERFOR •r 1 E R E "': ..
UNDER MY DIRECTION AND SUPERVISION DURING APRIL 2020,
TRUE AND CORRE TO THE BEST OF MY KNOWLEDGE AND BELIEF. {hP<,`'.k P',.,[••��:aVc'+
4/14/2020
AbR moo',d' Jr
RICHARD H. PROFESSIONAL
R DATE �li'^•"••��` b
REGISTERED PROFESSIONAL LAND SURVEYOR 1 T1VJ V S" NUMBER 3986 STATE OF TEXAS �`�
t` -ASH & ASSOCIATES, LLC.
LINE TABLE
UNE 0
LENGTH
DIRECTION
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15.00'
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L2
14.26'
N21'05'28'W
L3
14.98'
N68'54'32"E
L4
14.23' S21'10'03'E
ASH
ASSOCIATES
SURVEYING- PLANNING- ARCHITECTURE
142 JACKSON LANE
SAN MARCOS, TEXAS 78666
(512) 392-1719
ashondassDciates.net
Surveying: 100847-00
Archifecture: TX20240
SERVING TN£ COMMUNlTy OF TEXAS"
MAM ra. FILE
2020132053 Page 8 of 9
Exhibit "B"
Encroachment of waterline easement document #: 2019066934 —
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RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation
2020132053 Page 9 of 9
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2020132053
Pages:9 Fee: $57.00
10/26/2020 01:50 PM
jai! OFF
Nancy E. Rister,County Clerk
Williamson County,Texas
1 ROUND 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 City's Water Line 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: ENCR2004-0004 WL Averitt - 201009 executed doc
Department: Planning and Development Services Department
Text of Legislative File CM-2020-294
This agreement allows a portion of private screen wall to be located in City water 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