CM-2021-072 - 3/19/2021ELECTRONICALLY RECORDED 2021040885
Williamson County, Texas Total Pages: 8
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between 2019
SONOMA, LLC, hereinafter "Owner," a Texas limited partnership, whose current address is 8200
North MoPac Expressway, Suite 300, Austin Texas 78759, 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 2500 Forest Creek Drive, Round Rock,
Texas, described as Sonoma Northwest, Block A, Lot 1, Williamson County, Texas
(the "Property").
B. City is the record holder of a Water Line Easement recorded as Document No.
2020156142 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 fencing, 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;
00461133/ss2
ENCR2010-0001
�idvf��-Ual 47 a--
2021040885 Page 2 of 8
(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;
(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
2021040885 Page 3 of 8
(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.
ii - I I - [a) a i'14111 its E L10161 M V.),toRMI I j%sratell gi-MINIEs am Mg.) oil 110 M 0) SPRIJEN I 07IM11
By:
DAVID BRUNING
VICE PRESIDENT
Date Signed: Z 4 1 L2, I
CITY
CITY 0 ROUND ROCK, TEXAS
By: 7�1w2iQ2��-,Z
Laurie Hadley,"Clity Manage�f
Date Signed: 3-1q�al
[Acknowledgements on following page.]
2021040885 Page 4 of 8
ACKNOWLEDGMENT
THE STATE OF %,4t
COUNTY OF
This -instrument was acknowledged before me on this day o , 2020;
by (Name), as (Title) of 2019
SONO OA, LLC, a Tex as limited liability company, whose name is subscribed to the preceding
instrument, and acknowledged to me that he executed it for the purposes and consideration
expressed in it.
JUDY D. JOHNSON
ti'Py Pu®�6°
Notary Public
STATE OF TEXAS Publi in and
Notary ID#4569372
My Comm. Exp. Nov. 9, 2021
ram "m0111V.'/"DI )I"o I D1►Y 11
KNIVINNUOISWIM"UM74 "I
This instrument was acknowledged before me on this J�14a4y of k2-R0,262
by Laurie Hadley, Round Rock City Manager, in the capacity and for the purposes and
consideration • 't.
the State of
®®111aaouiaa/o®®
®®`®ks®\ i U A 4;r ®O®®®
® l ®•® ®r NotaryPublic in an for 1'ie State of Texas
1p
OF1�� °
'® °•12625 °� • ®®
1 .
3.22
4
2021040885 Page 5 of 8
Exhibit "A"
OURVETABLE
-
e
It A'>•'
_ � r
.g r
a y1
N
�-DETNt "h
s
r
3
yJt•
«euarErfarrecw
OENL
r
it
11L
Green SONOMA MULTI -FAMILY
Cada0' 700 Q00' f�� ]01 Danal Pass Dr_ SuM ]
4Xcivil Design,,,2, Park., 796USCALE: 1"-100'VC �Su161PdS90
i Texas RepWAWEngmew pFirmF•1750 EXHWA
RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation
202 646885 Page
J
a a
L J
1 1 F
I N J p
F-
Q m
X
I O w
I z
O
r�
N
u
W M
I O
N
N
p m
m ly
N y O
n.~w�Q LO
o f I w O (O €
LL L
d4 I N OWN
c
c�•1 U In
•c
l' C m
m
._
w
13
of
� •� V m
F
v) x
N C
l
w W
pl
wz
I. zz
=w Z
K
w
I 3 w
w
a
eL
Vl
In
N� N
O_
II
0
w
J
a
z V)
0
NOON VV.VN CAB Rd 04 OZOZ 4/LL :MUMd V IIVJ.30 7BVl MP'V LBIHX3 LOO-O.6L MW
6 of 8
2021040885
age 7
J_
Q
m
J
1
J
I]
m
w
o
z
o
a
s
I
d2
p` w
m
M
w
m ~ d
Y
LL)
r
f0
LL
daCD
E
O� N
LL
c4i U �
cn
c
�c
w
r
c
In
ow
U
o
'&n
rn
C
W
x
w
v
w
a
0:
V V
aX
0
m
�
W
wr
zl
7l
z
7
W
3�
0
a
9
3
0
N
O_
II
e
O
_j
J
_ Q
N
O
MOM YLIVH -*AB Yid ZZ:L OZOZ/4 LL :031LOld
8 INGO :BVl MD'V 1181HX3 LOD-096L MA
of 8
2021040885 Page 8 of 8
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2021040885
Pages- 8 Fee: $49.00
03/23/2021 10.04 AM
1 AST40f
F�
Gti,
Nancy E. Rister,County Clerk
Williamson County,Texas
City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing an Encroachment Agreement with 2019 Sonoma, LLC for an
encroachment into a portion of the City's Water Line Easement for the Sonoma
Multi -Family Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 3/19/2021
Dept Director: Brad Wiseman, Director of Planning and Development Services
Cost: $0.00
Indexes:
Attachments: ENCR2010-0001 WL Sonoma MF - 210224 Executed doc
Department: Planning and Development Services Department
Text of Legislative File CM-2021-072
This agreement allows portions of a 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