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CM-2020-300 - 10/30/2020ELECTRONICALLY RECORDED 2020134904 Williamson County, Texas Total Pages: 7 ENCROACHMENT AGREEMENT This Encroachment Agreement, hereinafter "Agreement," is made and entered into between LIMIN PROPERTIES, LTD., hereinafter "Owner," a Texas limited partnership, whose current address is 7600 North Capital of Texas Highway, Building C, Suite 100, Austin Texas 78731, 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 2531 Double Creek Drive, Round Rock, Texas, described as Replat Austin Addition, Lot 2, Block A, Replat Round Rock Village Square, Williamson County, Texas (the "Property"). B. City is the record holder of a 15-foot Drainage Easement and 15-foot Public Utility Easement recorded as Document No. 1998058574 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 private drainage infrastructure, 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; 00457727/ss2 /E�NCR2008-0001 2020134904 Page 2 of 7 (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 attomey'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; (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; and 2 2020134904 Page 3 of 7 (11) The City reserves the option to rescind this Agreement at anytime, 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 LIMIIN PROPERTIES, LTD. By: (/,t.v l,[fG/� �0 es �'�le,�$ Vern e. Ito 6ffesf-bf00 Date Signed: lD 14-0 Aa U aC CITY CITY OF ROUND ROCK, TE �rtea; City Ma ager Date Signed: 1/ 0— 3 C' �1' [Acknowledgements on following page.] 2020134904 Page 4 of 7 ACKNOWLEDGMENT THE STATE OF COUNTY OF This instrument was acknowledged before me on this day of a/l. , 2020, by eAJA11 �e Y`oo1g (Name), as Owner '-azn-l- (Title) of LEVIIN PROPERTIES, LTD., a Texas limited partnership, whose name is subscribed to the preceding instrument, and acknowledged to me that he executed it for the purposes and consideration expressed in it. a;�f• " erg LEres NAGRADO D #13154291pril 25,2 , 2022 Notary Public in and for the State of ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF WILLMMSON This instrument was acknowledged before me on this 3 " day of 0,'k1 a{.4— , 2020, by y, Round Rock !City Manager, in the capacity and for the purposes and onsideration therein indicated. d�S ��� �IIItINN �pRY PU Notary Public in a d for —the -State "of Texas • / F Of 1E, .53 4 2020134904 Page 5 of 7 EXHIBIT "A" CRICHTON AND ASSOCIATES, INC. LAND SURVEYORS 6448 HIGHWAY 290 EAST SUITE B-106 AUSTIN, TX 78723 512-2. 4-3395 - PHONE 512-24.4-9508 — FAX EXHIBIT "A" 150 SQUARE FOOT ENCROACHMENT AGREEMENT FIELD NOTES FIELD NOTES FOR A 1i0 SQUARE FOOT TRACT OUT OF LOT 2A, BLOCK A, REPLAT AUSTIN ADDITION LOT 2, BLOCK A, REPLAT OF ROUND ROCK VILLAGE SQUARE, A SUBDIVISION RECORDED IN DOC NO. 2020038415, THE WILLIAMSON COUNTY, TEXAS PLAT RECORDS SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2" found at tltc Northeast corner of said Lot 2A also being on the South line of a Round Rock ISD School 45 recorded in Doc. No. 200804639 also being the NortIm-es( corner of Lot 1 Block A Replat of Cedar Ridge Assisted Living recorded in Doc. No. 2016066634 both of the Official Records of Williamson County. Texas for the POINT OF COMMENCING. THENCE S20057'59"E with the comtnon line of said Lot 2A and said Lot 1 Block A. a distance of 51.75 feet to a point FOR THE Northeast cover of this tract and the POINT OF BEGINNING. THENCE through the interior of said Lot 2A the following four (4) courses: 1) S20057'59"E. a distance of 10.00 feel (oil point for the Southeast comer of this tract, 2) S69°0144"W. a distance of 15.00 feel to a point for the Southwest corner of this (ract. 3) N20157'59" W, a distance of 10.00 feet to a point for the Northwest corner of this tract. 4) N69°014.4"E. a distance of 15.00 feet to the POINT OF BEGINNING and containing 150 sgw1re feet. more or less. BEARING BASIS IS TEXAS STATE PLANE COORDINATES (NAD83), TEXAS CENTRAL ZONE (-4203) I hereby ccrtifN that the foregoing field notes �%crc prepared from a sut-%-c} on the ground performed under nt)' supen•ision and are true and correct to the best of mp knota ledge and belief. Wivaess iny hand and seal this Aug. 10. 2020. Rcvised Oct. I. 2020 �t; O F T Herman Crichton. R.P.L.S. 4046 FIE ....... CAICHT9 Job No. 20 165 ••••• ;M 046 StJy�V�� EXHIBIT "A" 2020134904 Page 6 of 7 O O c DO r m n m fT1 v Z7 I ROUND ROCK ISD SCHOOL #5 (2008040639) � P.O.C. 19 PUE (PLAT) — — — — L A r LOT 2A, BLOCK A 150 SO. FT. L3 N REPLAT AUSTIN ADDITION ENCROACHMENT lr m LOT 2, BLOCK A, REPLAT OF AGREEMENT LOT 1 BLOCK A _ ROUND ROCK VILLAGE SQUARE REPLAT OF l (2020038415) IW a CEDAR RIDGE I" ASSISTED LIVING, LLC. -- -- -- -- -- -- -- (2016066634) LOT 1 I LOT 2B, BLOCK A BLOCK A I REPLAT AUSTIN ADDITION LOT 2, BLOCK A, REPLAT OF (CAB R / SL 39) (ROUND ROCK VILLAGE SQUAR AUSTIN ADDITION E (2020038415) I 1 15' PUE (PLAT) — — — — — LINE TABLE LINE ILENGTH BEARING L1 51.75 S20'57'59"E L2 10.00 S20'57'59"E L3 15.00 S69'01'44"W L4 10.00 N20'57'59"W L5 15.00 N69'01'44"E LOUIS HENNA BLVD. (SH 45) SKETCH TO ACCOMPANY FIELD NOTES FOR A 150 SQUARE FOOT TRACT OUT OF LOT 2A, BLOCK A, REPLAT AUSTIN ADDITION LOT 2, BLOCK A, REPLAT OF ROUND ROCK VILLAGE SQUARE, A SUBDIVISION RECORDED IN DOC NO. 2020038415, THE WILLIAMSON COUNTY, TEXAS PLAT RECORDS. NOTE: BEARING BASIS IS TEXAS STATE PLANE COORDINATES (NA083), CENTRAL TEXAS ZONE (4203) CRICHTON AND ASSOCIATES INC. LAID SURVEYORS TEILS Firm # 101727-00 6448 East Ri hway 290 Suite H105 Austin, Texas 78723 (512) 244-3395 Orders®CrichtonandAssociates.com Q 1/2- IRON ROD FOUND ® UG UTIL. WARNING SIGN SCALE: 1 " = 100 O 1/2-IRON ROD SET O UTILITY PEDESTAL JOB NUMBER: 20-16: 1/2"IRON PIPE FOUND © GAS METER ® SPINDLE FOUND WATER MANHOLE NAIL FOUND WATER WELL A LIGHT POLE Q WATER METER ��( OF POWER POLE HICH VOLTAGE CO WATER VALVE C-41, POWER POLE FIRE HYDRANT CO. T GUY WIRE ® PVC RISER ' -E-- OVERHEAD ELECT. LINE ® SANITARY SEWER MH R A RIG Q ELECTRIC METER (D SEWER CLEANOUT 0 4046 E ELECTRIC MANHOLE O ® SEPTIC LID ` '9 �ESSLOaP gTELEPHONE MANHOLE ® STORM SEWER MH 0� �'O CONC. PAD WITH ELEC. ( ) RECORD INFORMATION ELECTRIC 80X -'-00— CHAIN LINK FENCE P.U.E. PUBLIC UTIL ESMT. —X— —I WIRE FENCE METAL FENCE REVISED: CCT. R2020 8.L BUILDING LINE D.E. DRAINAGE ESMT. — WOOD FENCE DATE: AUGUST 30, 2020 2020134904 Page 7 of 7 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2020134904 Pages:7 Fee: $45.00 10/30/2020 02-35 PM 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 Limin Properties, Ltd. for encroachment into a portion of the City's 15-foot Drainage Easement and 15-foot Public Utility Easement for the Metals 4-U Project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 10/30/2020 Dept Director: Brad Wiseman Planning and Development Services Director Cost: $0.00 Indexes: Attachments: ENCR2008-00001 PUE MEtals 4-U - 201022 Executed Doc Department: Planning and Development Services Department Text of Legislative File CM-2020-300 This agreement allows private storm infrastructure to cross a public utility easement and establishes responsibility for maintenance of this private infrastructure to be that of the property owner, not the City. The Utilities Director is agreeable to the encroachment. City of Round Rock Page 1 of 1