CM-2021-076 - 3/26/2021ELECTRONICALLY RECORDED 2021046186
Williamson County, Texas Total Pages:10
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between
18909 SCHULTZ LANE LP, hereinafter "Owner," a Texas limited partnership, whose mailing
address is P.O. Box 9190, Austin Texas 78766, 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 18909 Louis Henna Blvd, Round Rock,
Texas, described as a portion of Lot 1, Block A, Schultz Towns Q 45, a subdivision
in Williamson County, Texas (the "Property").
B. City is the record holder of a Water Line Easement recorded as Document No.
2019099946 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;
00464232rrS
ENCR2010-0004
M,262,1-P-1�
2021046186 Page 2 of 10
(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) 1n 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
2021046186 Page 3 of 10
(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
18909 SC Z LAN LP
jr
By:
Date Signed: :F— W `Y" geo{.�
CITY
F ROUND ROCK, TEXAS
-5p 17
By:/ l�M. q
I rma
y, . ity Manager
Date Signed: J
[Acknowledgements on following page.]
2021046186 Page 4 of 10
ACKNOWLEDGMENT
THE STATE OF I MS
COUNTY OF -VY AV Is
This instrument was acknowledged before me on this 2' day of F461NA"% , 2021,
by E �VqW Co. 6VA (Name), as law _ (Title) of
18909 SCHULTZ LANE LP, 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.
NORMA ORONA
Wary ID 0106244450
I a My Commission Exp1m
August23,2421
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
�nA-
Notary Public in and for the State of Tef_
ACKNOWLEDGMENT
This instrument was acknowledged before me on this 2day of M k r/k , 2021,
by e-iiadfz=y, Round Rock ity Manager, in the capacity and for the purposes and
onsideration therein indicated. Ii
,�111111i1lflllfl/j�
otary Public f nd for the State of I exas
4
2021046186 Page 5 of 10
EXHIBIT "A" ENCROACHMENT AGREEMENT NO.2
FIELD NOTES
BEING 0.003 ACRE OF LAND, (150 SQUARE FEET), MORE OR LESS, BEING
A PORTION OF LOT 1, BLOCK A, SCHULTZ TOWNS @ 45, A SUBDIVISION
IN WILLIAMSON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT
AS RECORDED IN DOC. NO.2019119425, OFFICIAL PUBLIC RECORDS,
WILLIAMSON COUNTY, TEXAS, AND A PORTION OF THAT CERTAIN
(0.789 ACRE) WATER LINE EASEMENT AS RECORDED IN DOC. NO.
20190999446 OFFICIAL PUBLIC RECORDS, WELLIAMSON COUNTY, TEXAS,
SAME BEING A PORTION OF THAT CERTAIN (9.553 ACRE) TRACT OF
LAND CONVEYED TO 18909 SCHULTZ LANE, LP, BY SPECIAL WARRANTY
DEED AS RECORDED IN DOC. NO.2019109709, OFFICIAL PUBLIC
RECORDS, WILLIAMSON COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at an aluminum cap (TXDot) found In concrete monument In the south line of
State Highway 45, a.k a. Louis Henna Boulevard, a variable width rightof-way, for the Southwest
corner of that certain (2.523 Acre) tract of land awarded to the State of Texas by Agreed
Judgement In condemnation proceedings under Cause No. 03-411-CC3, as recorded In Doc. No.
2007026550, Official Public Records, Williamson County, Texas, same being the Northwest
comer of said Lot 2, Block A, of said Schultz Towns @ 45, and same being at the Northwest
owner of the said (9.553 Acre) tract;
THENCE: N 56038'0T E 8.01 feet, along the south line of said (2.523 Acre) tract, same being the
existing south line of State Highway 45, a.k.a. Louis Henna Boulevard, and the north line of said
(9.553 Acre) tract and north line of said Lot 2, Block A;
THENCE; Along the curving east tine of Lot 2, Block A, and the west line of Lot 1, Block A, along
a curve to the right, the radius of which Is 633.88 feet, the arc of which is 35.72 feet, and the
chord of which bears S 18* 19'28" W 35.72 feet to a calculated point for a Northwesterly corner of
saki (0.789 Acre) Water Line Easement;
THENCE: S 88°0249' E 5.00 feet, along a north line of said Water Line Easement, to a
calculated point for the Northwest corner and POINT OF BEGINNING of the herein described
tract;
THENCE: S 68"02'49' E 10.00 feet over and across said Lot 1, Block A. along the north line of
said Water Line Easement, to a calculated point for the Northeast corner of the herein described
tract,
THENCE; contlnuing over and across the said Lot 1, Block A, the following three (3) courses:
1) S 20.37'3V W 15.00 feet to a calculated point for the Southeast comer of the herein
described tract;
2) N 68002'49" W 10.00 feet to a calculated point for the Southwest corner of the herein
described tract;
3) N 2003T39" E 15.00 feet to the POINT OF BEGINNING, containing 0.003 Acre of
land, (150 Square Feet), more or less.
Page 1 of 2
2021046186 Page 6 of 10
EXHIBIT „A„ ENCROACHMENT AGREEMENT NO.
Bearings cited hereon are based on Texas State Plan Coordinate System, Central Zone (FIPS
Code 4203), NAD 83, Grid Coordinates & Grid North.
Paul Utteerrback
Registered Professional Land Surveyor No. 5738
September 25, 2020
Ref: Williamson County Appraisal District Property ID Number R319908
EA NO 2_SchultzLn 200924.doc
Page 2of2
2021046186 Page 7 of 10
EXHIBIT a A a
ATS Jab
Reference: _Prominence Homes. L.L.C.— Address: Schultz Lane, Round Rack, Texas
0.003 Acre or 150 square feet, more or less, of land, more or less, being a portion of Lot 1. Block A. SCHULTZ TOWNS •
45, o subdivision In Williamson County, Texas, according to the map or plat as recorded In Doc. No. 2019119425. Official
Public Records, Williamson County, Texas, some being a portion of that certain (9.553 Acre) tract as conveyed to 18909
Schultz Lane, LP. by Special Warranty Deed o9 recorded In Doc. No. 2018109708. Official Public Records, Wlllarnson County,
Texas. 18909 SCFNL'19`lAN, r I a �
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Surveyors Note:
Bearings shown hereon are based an Texas State Plane Coordinate
System. Control Zone (FIPS Code 4203). NAD 83, Grid Coordinates do Grid
North.
Notes:
1) All easements, of which I have knowledge and those recorded easements
furnished by Trinity Title and Stewart Title Guaranty Company according to
Title Commitment GF No. 201120, Issued May, 2018, DO AFFECT the subject
(9.553 Acre) property. Other than visible easements, no unrecorded or
unwritten easements are shown hereon.
2) Restrictive covenants and easements rights as recorded in Vol. 1450, Pg.
135, Official Records, Williamson County, Texas.
3) Subject to terms of 'Easement Right of Way" to Texas Utilities Electrlc
Company, as recorded In Doc. No. 9725544, Official Records. Williamson
County. Texas.
4) Subject to terms, conditions. and provisions of that certain Ordinance No.
G-95-09-26-9K, as recorded In Doc. No. 9545633, Official Records.
Williamson County, Texas,
5) Subject to terms, conditions. and provisions of Telecommunications
Easement to awarded AT&T Corporation and AT&T Communications —East. Inc.
In Supplemental Final Order and Judgment as recorded In Doc. No.
2007092975, Official Public Records, Williamson County, Texas. (Not plottable)
PREPARED FROM SURVEY AND PLANS:
Paul Utterbock, RPLS No. 5738
Client: Prominence Homes, LLC
Date of Field Work: 10/22/18
Field: 78a:aor
Tech: MBolton
Dote Drawn: 9/28/2020, Revised: 11/24/2020
SCALE: 1 "- 200'
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kt
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1.
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O MAMI NT POJI M
LEGEND
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WMAL RECISM WIMM M {OWTV XXAS
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PAW.C:T.
PLAT RCS VA U AISON WATT TEXAS
(KPJLtC.T.
QFFMK PU6uC KOM$ TRANS =MTV TEXAS
R.O.W.
RIGHT OF WAY
( j
RECORD WORNATION
P.O.e.
POINT OF GCONUWG
P.O.C.
POINT OF COMMENCDAENT
—
EASEMENT UNE AS MONO
FENCES - PROPOSED WOOD
FENCES - PROPOSED METAL/OflifR
SHEET 1 OF 3
SITE OVERVIEW
SEE SHEET 2 for DETAIL
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RECORDERS MEMORANDUM
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2021046186 Page 8 of 10
EXHIBIT n An SKETCH TO ACCOMPANY LEGAL DESCRIPTION ATS .lob 1-20D-7130�g
15' P.U.E. (PLAT
DOC. NO.
2019119425)
10' P U.E. (PLAT
UOC. NO.
2019119425)
SCALE: 1 "=10'
GRAPHIC SCALE
10 0 5 10 20
Surveyor's Note:
Bearings shown hereon are based an Texas State Plane Coordinate
System, Central Zone YIPS Code 4203). NAD 83, Grid Coordinotes dt Grid
North.
SHEET 2 OF 3
SEE SHEET 1 FOR OVERVIEW
AND LEGEND
LINE
DATA TABLE
8 AR G
DISTANCE
L12
S68'02 49 E
5
L13
568'02 49 E
10.00
04
S20'37 39 W
15.00
LIT-
68'02 49 W
10.00
L16
N20.37 39 E
1 15.00
WATER LINE h
EASEMENT
0.789 ACRE
DOC. NO.
2019099946
PROPOSED
RETAINING
WALL
DETAIL
ENCROACHMENT AGREEMENT
AREA 2
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Ins ors
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4010We t"WVE00 ($12)I N405
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2 —Schul trLn.201124.dwg
2021046186 Page 9 of 10
EXHIBIT" AN
RECORD BEARINGS PER DOC. NO.
2007026550 UNLESS NOTED
LINE DATA TABLE
LINE
BEARING
DISTANCE
L1
N 5538 07 E
39.36
L1
S55'41 59 W
38.93
L2
N 55'38 0 E
8.01
L3
N 55'38'07 E
31.35
L4
S 85'29 O6 E
9.93
1-4
N 86'19 46 W
10.04
L5
S 66'16 56 W
1 12.72
CURVE DATA TABLE
CURVE
RADIUS
CHORD DIRECTION
CHORD LENGTH
ARC LENGTH
Cl
628.88
N 22-19 34 E
110.69
110.83,
71
628.88
N 22'25 44 E
110.89
111.03
C2
633.88
N 22'02 34 E
117,82'
117.99
C3
7605,94
S 83'1315 E
192.32
192.33
C3
7605.94
N 8313 51
192.26
192.26
C4
1 170.00
N 88'07 59 W
1 146.83
151.82
C5
1 633.88
S 18'19 28 W
1 35.72
35.72
SHEET 3 OF 3
LINE AND CURVE
TABLES TO
ACCOMPANY EXHIBIT
OVERALL SITE
Projects\BULK\S—Z\SchultzLcne
ATS Job
ATEngineers
Ins actors
www.atwemginm.com 6 Sume Ors
tans rIAM tILiL 1101"m
W 0 NWst MW 2/0 01213264M
AWOL 7W35 FAX- (512)3294=
\Dwgs\En croa chmentAgm t2—Schul tzLn_201124. dwg
2021046186 Page 10 of 10
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2021046186
Pages: 10 Fee: $57.00
03/31/2021 12:06 PM
Nancy E. Rister,County Clerk
Williamson County,Texas
ROUND ROCK
rExA5
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing an Encroachment Agreement with 18909 Schultz Lane LP for
encroachment into a portion of the City's Water Line Easement for Schultz Towns
@ 45 Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 3/26/2021
Dept Director: Brad Wiseman, Director of Pianncng and Development Services
Cost: $0.00
Indexes:
Attachments: ENCR2010-0004 WL Schultz Towns @ 45 - 210303 Executed Doc
Department: Planning and Development Services Department
Text of Legislative File CM-2021-076
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