CM-2020-308 - 11/6/2020ELECTRONICALLY RECORDED 2020138929
Williamson County, Texas Total Pages: 7
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between
CHICK-FQ.-A, INC., a Georgia corporation, whose address is 5200 Buffington Road, Atlanta,
Georgia 30349 and its successors and assigns, 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 located at Lot 4, Block A, Palm Valley Crossing Phase
Two, Round Rock, Williamson County, Texas (the "Property").
B. City is the record holder of a 20-foot Waterline and Wastewater Easement recorded in
Document No. 2003043623 and re -recorded Document No. 2003059781 of the
Official Public Records of Williamson County, Texas, located- on a portion of the
Property (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 sign, as set
forth in Exhibit "A- I" and Exhibit "A-2," 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;
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Chick-fil-A, Inc.
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2020138929 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 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 parry 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
(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.
2
2020138929 Page 3 of 7
(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 Vbey all conditions of this Agreement.
OWNER
a
Date Signed: v /Z
CITY
CITY OF ROUND ROCK,. TEWI
By:
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y,L�ty
Manager
C�L�
Date Signed: I I —(p ab7'o
[Acknowledgements on following page.]
2020138929 Page 4 of 7
ACKNOWLEDGMENT
THE STATE OF
COUNTY OF
brs instrument was acknowledged before me on this G a day of CMG ( , 2020,
` , L iGW K- (Name), as 45105 (f =� (Title) of CHICK -
Lose name is subscribed to the preceding instrument, and
.or the purposes and consideration expressed in it.
NoPublic in and for the State of f}��
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this day of bVe h 6—, 2020)
by �, Round Rock City Manager, in the capacity and for the purposes and
onsideration therein indicated.
j*Q. Ef
�.•' pD otary Public in for the State of Texas
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2020138929 Page 5 of 7
12 SQUARE FOOT SIGN EASEMENT RELEASE
Exhibit A-1 CHICK-FIL-A INC., Document No. 2019060197
Lot 4, Block A, PALM VALLEY CROSSING PHASE TWO, DOC. NO.2019057138
DOC. 2013012234 IN THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS
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MONUMENT
12 SQ. Fr. SIG \
_ LOCATION EASEMENT
RELEASE TRACJ —
a
10 20
Feet
Note:
The bearing basis for this survey is
the State Plane Coordinate System,
NAD63, Texas Central Zone, (4203),
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GEOID: 12A
31.0'
Datum: NAVD88,
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CONVERGENCE: i' 22' 57.99"
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CITY OF ROUND ROCK, TEXAS r
20' WATERLINE AND �� f
WASTEWATER EASEMENT I
' LLED1. DOCNO 2003059781
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Parcel Line Table
Line #
Length
Direction
L1
4.70
815' 05' 24'E
L2
2.50
S75° 34' 13"W
L3
4.70
S15° 05' 24"E
L4
2.50
S75° 34' 13"W
p OHE OHE
Cyy'F �t7pr`
i1biest SurwyzV & Alappiog Cowpaey
l002 .Ash Si CeorgetoPn Texas DATE: September 4, 2020
SIGN EASEMENT RELEASE EXHIBIT w E phone- 512-980-59,29' PROJECT: Chick-FII-A
,.err fo ss[SrL wyir,B cow Dw Chick-Fil-A Sin Location Release
TBPls A" AV, 10004wo 9 g
Surveying Services are regulated by the Texas Board of Professional Enginee s and Land Surveyors 1917 S Interstate 35 Aus0, TX 78741, US (512) 440.7723 Sheet One of Two
2020138929 Page 6 of 7
12 SQUARE FOOT SIGN EASEMENT RELEASE
Exhibit A-2 CHICK-FIL-A INC., Document No. 2019060197
Lot 4, Block A, PALM VALLEY CROSSING PHASE TWO, DOG. NO.2019057138
DOC. 2013012234 IN THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS
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IRON PIN FOUND
TYPE II MONUMENT: BRASS DISC FOUND
IN CONCRETE STAMPED TXDOT 111
IRON PIN SET O
IRON PIPE FOUND O
EXISTING WIRE FENCE I X —
CHAINLINK FENCE 0
BOARD FENCE
POWER POLE
WATER VALVE
13
TELEPHONE CABLE — T
WATERLINE EXISTING — —W-
OVERHEAD POWER LINE — — —OHE-
CENTER LINE OF CHANNEL — - ram- . —
RECORD CALLS (BEARING / DISTANCE)
RECORD FILE LOCATION VOLUME / PAGE
DATA THIS SURVEY BEARING/ DISTANCE
SPECIAL FLOOD HAZARD AREA PER F.E.M.A. - - - -
(APPROXIMATE LIMIT WILL VARY WITH CONDITIONS)
TRACT LINES - -
BOUNDARY LINES
LAND GRANT LINES — All document references are in Williamson Co.
Official Public Records of Williamson Co., Tx. OPRWCT
SIGN EASEMENT RELEASE 'T11Ijlj.1Z- 7A-
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Forest .57rry Xzw & Wappigq Company DATE: September 4, 2020
SIGN EASEMENT RELEASE EXHIBIT iv E 100.2 Ash St 6e?M etowA Texas PROJECT: Chick-Fil-A
phone- 51zzrPvn .vo Dw Chick-Fil-A Sin Location Release
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2020138929 Page 7 of 7
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2020138929
Pages:7 Fee: $45.00
11 /06/2020 12: 44 PM
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"K. )-i"
Nancy E. Rister,County Clerk
Williamson County,Texas
I.ROUND
ROCK
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City of Round Rock
Agenda Item Summary
Title: Consider executing an Encroachment Agreement with Chick-fil-A, Inc. for the
encroachment into a portion of the City's 20-foot waterline easement located
near the southeast corner of Lot 4, Block A, Palm Valley Crossing Subdivision
Phase Two, affection 2350 E. Palm Valley Blvd.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 11/6/2020
Dept Director: Brad Wiseman, Director of Planning and Development Services Department
Cost:
Indexes:
Attachments: Encroachment Agreement, Exhibit A
Department: Planning and Development Services Department
Text of Legislative File CM-2020-308
This is an application to allow a monument sign to encroach approximately 12 square feet into an
existing 20-foot wide Waterline and Wastewater Easement (Doc. No. 2003043623 and
2003059781). During final sign inspection, it was discovered the sign was not installed in the
location shown in the approved drawings but closer to the street, placing a portion of the sign
and associated electrical junction box in the easement.
Section 10-33 of the Subdivision Ordinance allows a landowner to request the vacation of an
easement established by an approved plat or separate instrument. In order to maintain the
easement for future growth and maintenance of existing or new facilities, an Encroachment
Agreement is better suited for this request.
The City of Round Rock Utilities and Environmental Services Department has consented to the
proposed Encroachment Agreement.
Cost: NA
Source of Funds: NA
City of Round Rock Page 1 of 2