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CM-2020-295 - 10/23/2020ELECTRONICALLY RECORDED 2020132052 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 Wastewater Easement recorded as Document No. 2019066935 of the Official Public Records of Williamson County, Texas (the "Basement 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; 00446334/ss2 ENCR2004-0005 2020132052 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; (b) 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 2020132052 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:y /s ZU ZU T CITY CITY ROUND ROCK, TEXAS B - LG ` Laurie Hadley, CitglAanager Date Signed: /) 3(2sb:>-V [Acknowledgements on following page.] 2020132052 Page 4 of 9 ACKNOWLEDGMENT THE STATE OF 1 V COUNTY OF Thi instrument was towl dged before me on this lj day of , 2020, by (Name), as Qge_l( Q AaA n (Title) of AVE TT EXP S, INC., a Tennessee corporation, whose narfie is subscribed to the preceding instrument, and acknowledged to me that he executed it for the purposes and consideration expressed in it. Notary P lie in and for the tate MY COMMISSION EXPIRES JUNE 26, 202s ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this '�4�y of Ate!! 2020, by Laurie Hadley, Round Rock City Manager, in the capacity and for the purposes and consideration therein indicated. t Djkt�-Z�-/ - otary Public ' d for the State of Texas 4 2020132052 Page 5 of 9 Exhibit "A" 01ASH&ASSOCIATES SURVEYING - PLANNING - ARCHITECTURE "Seising the communtgy of Texas " 142 Jackson Lane San Marcos, Texas 79666 Phone: 512-3 92-1719 ash andassociates.net STATE OF TEXAS COUNTY OF WILLIAMSON 0.003 ACRE EASEMENT DAVID CURRY SURVEY ABSTRACT - 130 BEING AN AREA TO BE PARTIALLY RELEASED FROM A 15 FOOT WASTEWATER EASEMENT, AS RECORDED IN DOCUMENT NO. 2019066935, 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.198706837, Official Public Records of Williamson County, Texas, and the east line of Greenhill Drive, a 60 foot wide public right- of-way; THENCE North 68/4610811 East (N68°48'00"E), with the north lot 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, and from which a found iron rod at the northeasterly corner of said Lot 1, Block A, Green Squares, bears North 68°46'08" East, a distance of 577.44 feet; THENCE South 21/1315211 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, of the Official Public Records of Williamson County Texas, 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 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 (6): 1) North 6804610811 East, a distance of 24.56 feet to a north line of said 15 foot Wastewater Easement recorded in Document No. 201906635, for a corner of the area herein described; 2) South 8601911311 East, with a north line of said 15 foot Wastewater Easement recorded in Document No. 201906635, a distance of 9.50 feet for a corner of the area herein described; 3) South 68146108" West, a distance of 31.18 feet for a corner of the area herein described; 4) South 15150'01" West, a distance of 1.91 feet to a south line of said 15 foot Wastewater Easement recorded in Document No. 201906635, for a corner of the area herein described; 5) North 86°19'13" West, with a south line of said 15 foot Wastewater Easement recorded in Document No. 201906635, a distance of 4.09 feet for corner of the area herein described; 2020132052 Page 6 of 9 Exhibit "A" 6) North 15/5010111 East, a distance of 4.76 feet to the POINT OF BEGINNING and CONTAINING 0.003 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. r, J 04/14/2020 Richard H. Taylor Date Registered Profes ional Land Surveyor No. 3986 State of Texas Attachment: Drawing of Proposed easement over 12.97 Acres of land Job: 16-6381-H 2020132052 Page 7 of 9 410167w,7600 / s ECTRUM AT CRYSTAL PARK COMMERCIAL CONDOMINIUMS GAYtl7ALPPAAK 18 . tl 8 ( fi E S 1 15' P.U.E_QL146)— 1 n a G 4 1 9-1 7 O, 4-3 7 l 1/2"I.R.F.- - — — — 57744' % �N 68'OD" E 592.14) ^— f 8 - ]� 5 BI.RF �+`2] 43_ ---- --- , LO'T1 / 0 5 L — — — — — 7.5$OVERHEAD ELEC E'?i`M�{�U1�� T 15' D.E. (PLAT & 1247/383)/15' B.L. (PLAT Ac 816/846) , _ I AR A 0 BE J _ I ti PARTIALLY j— — --_1 — I I t--- - -► t1l 15' WATER EASEMENT RELEASED — OOC.2019D68934) I I LOT - y 0.003 ACRE / I BOUNDARY ANNOTATION TABL� I I I 0 b SEE DETAIL LINE TABLE I I ` - %� LlNE BEARING __ __ DISTANCE I o 0 30' 60' 120' I LBi N 15150'01" E 56,55'_ I r+ I m n m r N 15'S1 33" E) '.__i56.55' 1 GRAPHIC SCALE: 1' = 120' I _ —_ CURVE TABLE I _ _ I - m & y IJ CURVE RADIUS_ ARC LENGTH CHORD LENGTH CHORD BEARING_ S II LOTS • W 374.90' 241.37 _ 237.22' _ N 02'30'r*W____l pf I _,fir 1 �! 374.901 T} 24-1. r4 237,29 - - N 02'37 52 _WZ_ I Cl } ��— 2 I LOT 4 m s r 1 I I I I 11 1-�T Ill�;�z t�l �nUAn I sllnn]`Il�l�lill I II uW oil; cnn� $ 1 p�nn�;�.8 I I IW WASTEWATER EASEMENT 11 r-----.\.�,�� IW II II I � I I > II I LEGEND I (� IRON PIPE FOUND IRON ROD FOUND v IRON ROD SET PLS 5687" DO I PKPFOUND m I ® CALCULATED POINT (DOC.2018066935) I1 6+ 4 1a�, 00`1 LOT 5 1' C3 I rn m rm rn m Io I6 LOT 6 (3 7°ov�{l (BRG.-DIST.) RECORD CALL NOT I 0 �' Icr udi 11 I P.O.B. POINT OF BEGINNING TO SCALE I ` w> n .J � I I D.E. DRAINAGE EASEMENT LOT 1 Om V1 B.L. BUIL" LINE BLOCK A m I Io ..mumic.lv�l I I I (GREEN SOUARE) m12 12.97 ACRES I w� .=D~oo'till I ----J L_ (12.98 ACRES) IL H N Z W� Ilm i III I I I � NOTE: I I BEARING BASIS DERIVED BY I IlADJUSTED a BY S H RNUR(HIGHS ACCURACY II" REFERENCE NETWORK) & Ilm PROJECTED TO TEXAS STATE \ ti I m I r I S m PLANE COORDINATES Ac NAD83. � — — — — — — — — — — — J I� _15• 4_L1PLAT & 811846E S 68'47'31" W 704.12' I (S 68'47'39" W 704,32') BLOCK EXHIBIT TO ACCOMPANY DESCRIPTION OF: n "' T> In n e 7: s n n e n 2 G 1 7 a )' Y' tl n N BEING AN AREA TO BE PARTIALLY RELEASED FROM A 15 FOOT t G A 9 . n 9 , tl L . 2 Cl 9 ) WASTEWATER EASEMENT, AS RECORDED IN DOCUMENT NO, 2019066935, OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY TEXAS SAME BEING LINE TABLE LINE / LENGTH DIRECTION L1 24.56' N68'46'08-E L2 9.50' SSW19'13"E U 31.18, S6e'46106"w L4 1.91' s15,50'01'w L5 4.09' N66.19'13'W L6 4.76' N15'50'01"E Tt 13.00, S21'13'52'E nrm L6% I7 M p6 Cam LOT 7 .. a m. mmr-1..0 M05 n � ML y ' LOT 8 M mm� 'A S 1 LOT 11 \ 1 � r �ti 1 SITUATED IN THE DAVISURRY SURVEY, ABSTRACT OF GREEN ASH 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 ASSOCIATES COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES ' AND BOUNDS ATTACHED. ()V TE' h• SURVEYING -PLANNING -ARCHITECTURE I, RICHARD H. TAYLOR. DO HEREBY CERTIFY THAT THIS PLAT OF TH , •�••'•••• �L M PROPERTY SHOWN HEREON, WAS PREPARED FROM A SURVEY PERFORMED, .t�:.\ST ERF •.� 142 JACKSON LANE UNDER MY DIRECTION AND SUPERVISION DURING APRIL 2020, AND 1 •' O + r SAN MARCOS, TEXAS 78666 TRUE AND CORREIYf TO THE BEST OF MY KNOWLEDGE AND BELIEF. �S •,•.•••"r",�� N�r (512) 392-1719 f F' "•••` •t�p�"'��SQ ashandassoclates.nef I ' `{' { _ _w __ ••1� '`% '�� Surveying: 100847-00 r r�. / _ - 4/14/2020 �� .OF S5` . ArchHeclurs: TX20240 RICHARD H. 1AYLOR, RP DATE ,1, ,E..•� REGISTERED PROFESSION L LAND SURVEYOR>.`.•' 1' Ua 'SERVING THE COMMfJNf1Y OF TEXAS' NUMBER 3986 STATE OF TEXAS S ©:ASH & ASSOCIATES, L.L.C. JOB NO:16-6381_HDRAWN BY:_ MAM F9: FILE 2020132052 Page B of 9 0 V� J It 4 16,.: A+ In ' - ..�I f. 01 ' A 0 r e � = q �N ??F¢ 0 t : o ,l. c = etb; a.lw,o 4 i n � y •� •T' _ ' �. W � n W �r 3 . f• x9 �'� U��.:m s OF. •7 'i. s J M W 3 • it sf. O. �.i^JI t• • � lsbY i,� r.k W rl S '^ ].UF ` y I Zb a'?�• a •-_ � . ' 0 90%la l III NAR RECORDERS MEMORANDUM All or parts of the text on this page was not W clearly legible for satisfactory recordation 2020132052 Page 9 of 9 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2020132052 Pages:9 Fee: $57.00 10/26/2020 01:50 PM t'�LH.SO� VJ i 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 Averitt Express, Inc. for encroachment into a portion of the City's Wastewater 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: ENCR2004-0005 WW Averitt - 201009 executed doc Department: Planning and Development Services Department Text of Legislative File CM-2020-295 This agreement allows a portion of private screen wall to be located in City wastewater 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