Loading...
CM-2021-078 - 3/26/20210 ELECTRONICALLY RECORDED 2021046188 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 79664, 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 !u 45, a subdivision in Williamson County, Texas (the "Property"). B. City is the record holder of a Wastewater Easement recorded as Document No. 2019099945 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 solcly 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; 00464274rrs ENCR20I M003 2021048188 Page 2 of 10 (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 2021046188 Page 3 of 10 (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 Z LANE LP By: 6zclf-4-tic ... �-� -- Date Signed: /--I �-�1 CITY CITY ROUND ROCK, ``TEXAS By: ✓W Q�.'y✓J 'ty Manager 'Date Signed: [Acknowledgements on following page.] 2021046188 Page 4 of 10 ACKNOWLEDGMENT THE STATE OF TeAs COUNTY OF -Tf,%ts_ This instrument was acknowledged before me on this 29 day of r4m" , 2021, by f jymr a 5. busier (Name), as oymte- (Title) of 19909 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 0 ` Notary ID N10a24450150 1 19 — — -- i MyCOMMI"lonEMpim Notary -Public in and for the State of T aS August 23, 2021 ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this tiay of 021, by y, Round Rock ity Manager, in the capacity and for the purposes and by therein indicated. Gu tLt(ti a AO-N&!� UW�- Notary Public in abb for the State of Texas E A�gMS����i i p�P%y PU; •. y ` 4 2021046198 Page S of 10 EXHIBIT 1,A" ENCROACHMENT AGREEMENT NO. FIELD NOTES BEING 0.003 ACRE OF LAND, (152 SQUARE FEET'), MORE OR LESS, BEING A PORTION OF LOT 1, BLOCK A, SCHULTZ TOWNS 8 45, A SUBDMSION 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 (0.010 ACRE) WASTEWATER EASEMENT AS RECORDED IN DOC. NO. 2019099945, OFFICIAL PUBLIC RECORDS, WILLIAMSON 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.2018109708, 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 right-of-way, for the Southwest comer 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. 2007026560, Official Public Records, Williamson County, Texas, same being the Northwest corner of said Lot 2, Block A, of said Schultz Towns a 45, and same being at the Northwest comer of the said (9.553 Acre) tract; THENCE: 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 tine of said (9.553 Acre) tract, some being the north line of Lot 2. Block A and Lot 1, Block A, respectively, Schultz Towns Q 45, the following three (3) courses: 1) N 55038'07' E at 8.01 feet pass a W Iron rod set capped'ATS-Engineers', for the Northeast comer of said Lot 2, Block A, and the Northwest comer of said Lot 1, Block A, and continuing along the some course a total distance of 39.36 feet, to an aluminum cap (TXDot) found in Concrete monument; 2) S 86'29'08" E 9.93 feel, to a calculated point; 3) S 81'27'08' E 308.73 feet to a cakxilated point for the Northeast comer of the said Wastewater Easement, from which an aluminum cap (TXDol) found In Concrete monument bears S 81'27'08" E 0.83 feet; THENCE: over and across said Lot 1, Block A, along the east line of said Wastewater Easement, S 0803252" W 10.09 feet to a calculated point for the Northeast comer and POINT OF BEGINNING of the herein described tract; THENCE: S 08'32'52" W 10.11 feet, along the east line of said Wastewater Easement, to a calculated point for the Southeast comer of the herein described tract; THENCE: N 81'36'06" W 15.00 feet, to a calculated point for the Southwest caner of the herein described tract; THENCE: N 08'32'52" E 10.11 feet, to a calculated point for the Northwest corner of the herein described tract, THENCE: S 81.36'06" E 15.00 feet, to the POINT OF BEGINNING, containing 0.003 Acres of land, (152 Square Feat), more or less. Page 1 of 2 2021046188 Page 6 of 10 EXHIBIT "A" ENCROACHMENT AGREEMENT NO.3 Bearings cited hereon are based on Texas State Plan Coordinate System, Central Zone (FIPS Code 4203), NAD 83, Grid Coordinates & Grid North, Paul -Utterback Registered Professional Land Surveyor No, 5738 September 25, 2020 Ref: Williamson County Appraisal District Property ID Number R319008 EA NO 3 SchultzLn_200024,doc Page 2 of 2 2021046188 Page 7 of 10 EXHIBIT" A u SKETCH TO ACCOMPANY LEGAL DESCRIPTION ATS Job SO v1s�aN,�A.�► �o,Na ENCROACHMENT AGREEMENT 3 0.003 ACRE (152 SQUARE FEET) h� * 30g 67:) �f 8 �fl9 �p Sa�•2� 30a'13 r� P O NO 5i O p,GR O.ON%AO. o pOG•9cjgA5 -•.�� r�: r- Zp190 Q LINE DATA TABLE Di T L17 S81'27 OB E 0.83 L18 S08'32 52 W 10.09 L19 S08'32 52 W 10.11 L20 N81'36'06 W 15.00 L21 N08'32 5 E 1 .11 L22 S81'38 06 E 15.00 r Ea PRO�NGE F SCALE: 1 "=10' GRAPHIC SCALE 10 0 5 10 2e DETAIL ENCROACHMENT AGREEMENT Surveyor's Note: AREA 3 Bearings shown hereon are based on Texos State Plane Coordinate System, Central Zone (FIPS Code 4203). NAD 83, Grid Coordinates & Grid North. ]OATS Eng1ne�'$ SHEET 2 OF 3 �m www.eft4upIno@urll& m a ru,,,yos SEE SHEET 1 FOR OVERVIEWp AND LEGEND 78PURRMU04101nm 4810 V" HWY m y61f1zz"m Pro Jects\BULK\S—Z\SchultzLone\Prcductlon\Dwgs\Encroachmen tAgmt3_SchultzLn-201124.dwg 2021048188 Page 8 of 10 SHEET 3 OF 3 LINE AND CURVE TABLES TO ACCOMPANY EXHIBIT OVERALL SITE the "HlBff n A 11 ATS Job i RECORD BEARINGS PER OOC. NO 2007026550 UNLESS NOTED LINE DATA TABLE LINE BEARING DISTANCE L1 N 55'38 07" E 39.36 L1 S55'41 59 W 38.93 L2 N 55'38 07 E 8.01' L3 N 55'38'07" E 31.35' 5'29 06' E'19 t 46 W m6'16'56" 10.04' W 1 12.72' CURVE DATA TABLE CURVE RADIUS CHORD DIREC11ON CHORD LENGTH ARC LENGTH C1 B28.88 N 2219 34' E 110,691 110.83 Cl 628.88 N 22'25 44 E 110.89 111.03 C2 633.88 N 22'02'34" E It 7.82' 117.99 C3 7605.94 S 83'1315 E 192.32 192.33 0 7605.94 N 83'13 51 W 192.26' i 92.26 C4 1 170.00 N 88'07 59 W 1 146.63 151.82 C5 1 633.88 S 18'19 28 W 1 35.72 35.72' ]OATSEngineers In rs www.et1.6neers.Nm a =urveyors M S FIRM REe. #1101MM mlow ""20 012)32"m AMM TEK48 7M FAX: (5121 U49" tAgmt3_Schul tzLn-201124. dwg RECORDERS MEMORANDUM Al or parts of the text on this page was not dearly legible for satisfactory recordation 2021046188 Page 9 of 10 XHIBIT n A u ATS ,lob p 20D71304s Reference: Prominence Homes, L.L.C.— Address: Schultz Lane, Round ock, 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 TOWNS 0 45. a subdivision in Williamson County, Texas, according to the map or plot as retarded In Doc. No. 2019119425, Official Public Records, Williamson County, Texas, same being a portion of that certain (9.553 Acrc) tract as conveyed to 18909 Schultz Lane, LP, by Special Warranty Deed as recorded In Doc. No. 2018109708, Official Public Records, Williamson County, Texas. IB909 SCFWpC NE, LP r��.SyPECIAIb P R ,N Of mow"*—F, EN EM 1` 3T (NCAO ID: wRb89883) i 003 ACRE 04. — 111P*'lti°'��(15Y SQUARE FEET) �,,► s tPP�� � gEE DETAIL.QQ k '., � i b3 yyY I � t II�T[R LArOI Mir t Rec.r+.w pr err of Ro sw am air PLuoomuc + neat, a ' AM s,r,.e SFPW s sECNON uu' m=�N,pA�i1 � qAPAR11I411!<!P I t.1fM 0 AA[ 2" RN.1ta � I e P,R 12et.5' Surveyor's Note: Bearings shown hereon are based on Texas State Plane Coordinate System, Central Zone (FIPS Code 4203), NAD 83. Grid Coordinates & 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. 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 os 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, Williamson County, Texas. 4) Subject to terms, conditions, and provisions of that certain Ordinance No. G-95-09-28-9K, as recorded In Doc. No. 9545633, Official Records. Williamson County, Texas. 5) Subject to terms, conditions, and provisions of Telecommunications Eosement to awarded AT&T Corporotion and AT&T Communications —East, Inc. In Supplemental Final Order and ,lodgment as recorded in Doc. No. 2007092975, Official Public Records, Williomson County, Texas. (Not plottable) PREPARED FROM SURVEY AND PLANS: X SCALE: 1 "=200' sr 4k� +y4a4 ., NNL it IIeMt V iDL_IP�NGeN�e V {�pT 9La0k OURat 4 lfAat WARIAM WWAL itlAMAM Don-CMARAT. lli>11•APAKCT. LEGEND )f (IRF) IRON Rao r"O ALU14NUM CAP (MOT) IN CONCREIE MWAXN1 1r (IRS1 IRON ROD SET "ATS ENGINEERS" QAW.C.T. OFnCK RECORall KC AtlsON C"TY XKAS P.R.ILC.T amid. PIRUC IIECOR04 mulW40N CRIM Irm PJLW.C.T. PLAT 441ECOR09 VALL"SON COUNTY TEXAS opimmr aFnm PUsllc REcORCs 1RAws COWITY TEXAS R.O.K RIGHT OF WAY ( ) RECORD INFORMAT ON P.O.B. PONT OF BEGINNING P.O.C. POINT OF COMMENCEMENT — — EASEMENT LINE AS NOTED d— FENCES — PROPOSM MOD FENCES — PROPOSM METAL/OTHER SHEET 1 OF 3 SITE OVERVIEW SEE SHEET 2 for DETAIL �Y•r•'6 � o ' e,�-,tir Paul Utterback, RPLS No. 5738 sa N JaATSEngineel'� . ......................1.... Client: Prominence Homes, LLC . PAUL LlTTERBACK Ins ectm ................. Date of Field Work: 10/22/18 .r =S A..•57�8 A/�� 9 soA o O WiA1W.81 enll'LL90>fmcom �yVEal Field: TBazaar N�°'.ti ,s„5.,:.•• �� i11Pls F11M HEa. ti1012s000 Tech: MBolton SU S estowettclrwy>lao 1611?1�8e1i1t3 Dale Drawn: 9/28/2020, Revised: 11/24/2020 AUSTw'TUM 71M FAM 0`1439 e1/e Path. Projects\BULK\S--Z\SchultzLane\Productlon\Dwgs\EncroachmentAgmt3—SchultzLn-201124.dwg 2021046188 Page 10 of 10 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2021046188 Pages: 10 Fee: $57.00 _a03/31 /2021 12:06 PM yf �iti�d I Nancy E. Rister,County Clerk Williamson County,Texas ROutVO ROCK TEXAS 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 Wastewater 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: ENCR2010-0003 WW Schultz Towns @ 45 - 210303 Executed Doc Department: Planning and Development Services Department Text of Legislative File CM-2021-078 This agreement allows portions of a private screen wall to be located in City wastewater 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. Cityof Round Rock Page 1 of 1