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CM-2021-077 - 3/26/2021ELECTRONICALLY RECORDED 2021046187 Williamson County, Texas Total Pages: 9 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 (a. 45, a subdivision in Williamson County, Texas (the "Property"). B. City is the record holder of a Storm Sewer Easement recorded as Document No. 2019099944 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; 00464546n S ENCR2010-0o0S CM- -2- 1-0-7-1 2021046187 Page 2 of 0 (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 2021046187 Page 3 of 9 (l 1) 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 LANE LP By. Date Signed: ,f2 �� CITY CIT ROUND ROCK, TEXAS By: 6��X J y, Qty�Manager Date Signed: [Acknowledgements on following page.) 20210461 ST page 4 of 9 ACKNOWLEDGMENT THE STATE OF 'T e-* 05 COUNTY OF —Trp"'A-5 TWs instrument was acknowledged before me on this 23 day of �t�rwa* _ , 2021, by t S. ej (Name), as _4 ogr _ (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_ c _ NORMA OR1a OA ONA -A')Mf on& NC,Uly10#10024AS4 Notary Public in and for the State of TUAS My comm135101% EXPIM Aagwu l3. �021 ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this2k day of 021, by ey, Round Rock �ity Manager, in the capacity and for the purposes and c sideration therein indicated. (oil (I ?*i�s er otary Public in d for the State of Texas 4 2021046187 Page 5 of 9 EXHIBIT "A" ENCROACHMENT AREA NO. 1 FIELD NOTES BEING 0.003 ACRES OF LAND, (152 SQUARE FEET), MORE OR LESS, BEING A PORTION OF LOT 1, BLOCK A, SCHULTZ TOWNS Q 45, A SUBDIVISION IN WILLIAMSON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT AS RECORDED IN DOC. NO.201911%25, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS, AND A PORTION OF THAT CERTAIN (0.331 ACRE) STORM SEWER EASEMENT AS RECORDED IN DOC. NO. 2019099944, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS, SAME BEING A PORTION OF THAT CERTAIN (9.553 ACRE) TRACT OF LAND CONVEYED TO 19909 SCHULTZ LANE, LP, BY SPECIAL WARRANTY DEED AS RECORDED IN DOC. NO.2018109709, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1 " Iron rod found at the Intersection of the north right-of-way line of Meister Lane with the former west line of the M.K. iI T. Railroad, same being the west line of that certain tract described as "Parcel No. 2, Part 6", conveyed to the State of Texas by deed as recorded in Vol. 1970, Pg. 515, 01111dal Public Records, Williamson County, Texas, same being at the Southeast comer of the said (9.553 Acre) tract and the Southeast corner of Lot 3, Block A, of said Schultz Towns @ 45, a subdivision in Wiliamson County, Texas; THENCE; N 62'3254" W 920.88 feet, alone the north right-of-way line of Meister Lane and the south line of Lots 3, Block A, and Lot 1, Block A, respectively, Schnitz Towns @ 45, to a calculated point; THENCE: N 27°27'06" E 15.00 feet over and across Lot 1, Block A. to a calculated point for a Southeasterly corner of the said Storm Sewer Easement as recorded in Doc. No. 2019099944, Oflicial Public Records, Williamson County, Texas; THENCE; N 34"53'04" E 5.03 feet, along an easterly line of said Storm Sewer Easement to a calculated point for the Southeast corner and POINT OF BEGINNING of the herein described tract THENCE: over and across the said Lot 1, Block A, the following four (4) courses: 1) N 62'32'64" W 15.13 feet to a calculated point; 2) N 34*52*41" E 10.10 feet to a calculated point, 3) S 62°32'54" E 15.13 feet to a calculated point, 1) S 34°53'04- W 10.10 feet to the POINT OF BEGINNING, containing 0.003 Acres of land, (152 Square Feet), more or less Bearings cited hereon are based on Texas State Plan Coordinate System, Central Zone (FIPS �' 83, �d C� mates 8 Grid North. 1 )- 11��I ,.i�'�. Paul Utterback e% Registered Professional Land Surveyor No. 5738 September 25, 2020 Ref: Williamson County Appraisal District Property ID Number R319908 EA NO 1 SchultzLn-200923.doc Page 1 of I 2021046187 Page 6 of 9 EXHIBIT 11 A "SKETCH TO ACCOMPANY LEGAL DESCRIPTION w ATS Job i-S Ld (0 o PROPOSED O� V) <ZM BLDG 15 �0 �Q oC) aca i o�o�N i 1! I i i i IL10 � � 10' P.U.E. (PLAT L9 L11 CR B. 1 C. O. 20, rzr.erJ:v.rr� L8 + PROPOSED r 1 A i�` L 7 SIDEWALK 1 I ENCROACHMENT 15' UTILITY AGREEMENT 1 EASEMENT TO 1 0, 003 ACRE TEXAS UTILITIES L6 ELECTRIC COMPANY b l 1 (152 SQUARE FEET} DOC. NO. 9725544 f 1 O.R.W.C.T. � 1 1 920.88' N62'32'54"W 1261.35' PROPOSED N60'11'37"W 1261.91' DOC. NO. 9711610 STORMUTILITY { STRUCTURES MEISTER LANE SE (R.O.w. VARIES) Surveyor's Note., Bearings shown hereon ore based on Texas State Plane Coordinate System, Central Zone (FIPS Code 4203). NAD 83, Gr,d Coordinates & Grid North. SHEET 2 OF 3 SEE SHEET 1 FOR OVERVIEW AND LEGEND Plath: Projects\BULK\S—Z\SchultzLa Ll LINE DATA TABLE ARI G is Cc L6 N2777 06 E 15.00 L7 N34.53 04 E 5.03 L8 N6212 54 W 15.13 LS N34'52 41 E 10.10 L1O S62'32 54 E 15.13 L11 S34'53 04 W 10.10 SCALE: 1 "=10' GRAPHIC SCAM 10 0 5 10 20 DETAIL ENCROACHMENT AGREEMENT AREA 1 ATSEngineers �n ftrs 1RI inor ats-envineemcom k Sumeyors TULS FIRM NN. #1012tl000 4610W8dNftJ20 (612132MING AIJ4MN,TVM 7ST2E wix; (e12)a2aesoe mtl--Schu,tzl.n .201124.dwg 2021046187 Page 7 of 9 EXHIBIT 11 A RECORD BEARINGS PER DOC. NO 2007026550 UNLESS NOTED LINE DATA TABLE LINE BEARING DISTANCE L1 N 55'38 07 E 39.36 0 S55'41 59 W 3$.93 L2 N 55'38'07" E 8.01' L3 N 55'38 07 E 31.35 E 9.93' �tNLW 10.04 W 1 12.72 CURVE DATA TABLE CURVE RADIUS CHORD DIRECTION CHORD LENGTH ARC LENGTH Cl 628.88 N 22'19 34 E 110.69 110.83 C1 628.88 N 22'25 44 E 110.89 111.03 C2 633.88' N 22'02 34 E 117.82 117.99 C3 7605.94 5 83'1315 E 192.32 192.33 C3 7605.94 N 63'13'S1" W 192.28 192.26 C4 1 170.00 N 88'07 59 W J.. 146.83 151.82 SHEET 3 OF 3 LINE AND CURVE TABLES TO ACCOMPANY EXHIBIT OVERALL SITE Projects\8ULK\S-2\SchultzLan AiS Jab / jnATSn9ineers ins actors BMFIRMs UMsom & bury rs TeFIs ��t� n�a rlol2e000 4a10vjm Nwy2e0 IM2)3n416 At=KTUM W36 FAX 012132"M .1 SchuitzLn101124.dwg RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legbe For satisfactory recordation 2021046187 Page 8 of 9 EXHIBIT " A ° ATS .lab # 20071304s Reference: Prominence Homes, L.L,C. Address: _ Schultz Lane, Round Rock, Texas 0'003 Acre or 152 square feet, more or less, of land, more or less, being a portion of Lot 1, Block A. SCHULTZ TOMS 0 45, a subdivision In Williamson County. Texas, according to the map or plot as recorded In Doc. No. 2019119425. Official Public Records, Williamson County, Texas, some being a portion of that certain (9.553 Acre) tract as conveyed to 18909 Schultz Lane, LP, by Special Warranty Deed asrecordedIn Doc. No. 2018109708, Official Public Records, Williamson County, Texan Lr _alp, 18puv 9Fi6� Ra� 1� ..BP R �y 10- 'r�� (�lOID:R�NT. 3) �� r aS41ii$S� t1�� •� d I AGRESMeNE 1 0.00 A ¢: (IS iEEI) a�iYsr 1 Mltii=I.AIN SE 1N6r3 34'T 1241.35' Mir PJMVA M (wnt 7r1 in? *I WC na W4.0 WON iDET Il CR1 Amd Am s a aeww4taer err orflow ,rn nti shin now suepwof SWIMIR 7W W= NASA AFA#11mppM LP MINW? Fr RAW " FACA11;M i O lip[ t51 I Tin Iml >d15 ex NA ROI�P11tT pRR P.RINN 6T. GRJt9ML MAf1 M DR}9-aP,71.tC.T.T. Surveyors Note: Bearings shown hereon are based on Texas State Plane Coordinate System, Central Zone (PIPS Code 4203). NAD 83. Grid Coordinates do Grid North. Notes: 1) All easements, of which I hove knowledge and those recorded easements furnished by Trinity Title and Stewart Title Guaranty Company according to Title Commitment GF No. 201120, Issued May. 2018, 00 AFFECT the sub)ect (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 Electric Company, as recorded In Doc. No. 9725544, Official Records, Wliiiamson County, Texas. 4) Subject to terms, conditions, and provisions of that certain Ordinance No. G-95-09-28-91K, as recorded In Doc. No. 9545633. Official Records, Williamson County, Texas. 5) SubJect to terms, conditions, and provisions of Telecom munlcotions Easement to awarded AT&T Corporation and AT&T Communications —East, Inc, in Supplemental Finol Order and ,Judgment as recorded In Doc. No. 2007092975, Official Public Records, Williamson County, Texas. (Not plottable) PREPARED FROM SURVEY AND PLANS: r1 SCALE: 1 "=200' N. R A �Si a _ 9 �! *4e► MIL 0111111 u7G t1A Vam A tx(Q N6>ml✓f67�0705� W► �.IrA.Tr LEPEND )r (IRF) IRON ROD FOUND ■ A AMM GAP (Ao01) IN ODKKTE M Jr (IPA IRON ROD SET 'ATS ENGINEEA5' OA.MI.C.T. OPFICGL RECOROS 1111AIAMSM COUNTY TOtAS JI.W T OPTICIAL PAUC REti1l11nS WUWAM 0MINTY W" PALW.t1T. PLAT RiiCaR05 4NLAMSON COUNTY 1E1tAs CALT.GT OmCK PLMUC RECORDS 1RAM COUNTY WAS R.O.W: RIGHT OF WAY ( ) RECORD INFORMATION P.O.B. POINT OF BEGINNING P.D.C. POINT OF COMMENCEMENT — EASEMENT LNE AS NOTED N — FENCES — PROPOSED WOOD FENCES — PROPOSED METAVOTHER SHEET 1 OF 3 SITE OVERVIEW SEE SHEET 2 for DETAIL SEE SHEET 3 FOR OVERALL SITE LINE & CURVE TABLES Paul Utterback, RPLS No. 5738 (......•.�•••• iMAT Engineers Client; Prominence Homes, LLC PAUL UMBACK Date of Field Work: 10/22/18 •<0;'P .5738 �� ;2 E S g,o �'' 0 1RI1NW.9ti"AIt�p6trfi�80m �1 �iiveyOrS Field: THazaar �+� ••.•.•�� 71IPL8 RRM RE0.0161i6000 Tech: MBolton SU 4t 4119V"Nwv80 11e12132" 6 Dote Drawn: 9/28/2020, Revised: 11/24/2020 AUSTIKYEW n7a6 M ts1$71zs. 1106 Path: ProJeets\BULK\S—Z\SchultzLane\Production\Owgs\EncroachmentAgmtl_SchultzLn_201124.dwg 2021046187 Page 9 of 9 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2021046187 Pages:9 Fee: $53.00 03/31 /2021 12,06 PM csesu• Nancy E Rister,County Clerk Williamson County,Texas RQUNDRpCK TEXA5 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 Storm 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 Planning and Development Services Cost: $0.00 Indexes: Attachments: ENCR2010-0005 DRG .003 Schultz Towns @ 45 - 210303 Executed Doc Department: Planning and Development Services Department Text of Legislative File CM-2021-077 This agreement allows portions of a private screen wall to be located in City drainage 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 2 of 2