CM-2021-080 - 3/26/2021ELECTRONICALLY RECORDED 2021046189
Williamson County, Texas Total Pages: 8
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 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;
0046426?rrS
ENCFL2010-0002
2021046189 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
N
2021046189 Page 3 of 8
ACKNOWLEDGMENT
THE STATE OF legits
COUNTY OF Tr oy l s
This instrument was acknowledged before me on this . day of �tkj , 2021,
by E_awrur, - bkAlcr _ (Name), as C[wnwjf _ __ . (Title) of
18909 SCHULTZ LANE LIP, 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
Notary ID #10824450
My Commission Expires
r August 23, 2021
PRO
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
`f1wornot.. OlLa-'e-
Notary Public in and for the State of 7ea4s
ACKNOWLEDGMENT
This instrument was acknowledged before me on thi2Aay of , 2021,
b , Round Rock City Manager, in the capacity and for the purposes and
consideration therein indicated.
W.-..
��x►�w�aUE qp�!�i,,, otary Public inidnd for the State of Texas
4
2021048180 Page 4 of 8
EXHIBIT ENCROACHMENT AGREEMENT NO.4
FIELD NOTES
BEING 0.004 ACRE OF LAND, (171 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
(0.331 ACRE) STORM SEWER EASEMENT AS RECORDED IN DOC. NO.
20190999449 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 a %" iron rod set capped 'ATS-Engineers' for the Northwest comer of Lot 3,
Block A, of said Schultz 45 Q Towns subdivision, same being the Northeast corner of said Lot 1,
Block A, Schultz 45 @ Towns, same being at the most Northerly Northeast corner of said Storm
Sewer Easement, from which an aluminum cap found In concrete for the most Easterly Northeast
comer of the said (9.553 Acre) tract, and the Northeast corner of said Lot 3, Block A, bears
S 54*15'69" E 29.51 feet:
THENCE: N 54"1559" W 2.18 feel to a calculated point for a Northwest comer of the said Storm
Sewer Easement;
THENCE: S 37'41'38" W 10.12 feet to calculated point for the Northwest corner and POINT OF
BEGINNING of the herein described tract;
THENCE: S 23'43b4" E 17.08 feet, over and across the said Storm Sewer Easement and said
Lot 1, Block A, to a calculated point for the Northeast corner of the herein described tract;
THENCE: S 37"41' 38" W 11.39 feet, along an east line of said Storm Sewer Easement, to a
calculated point for the Southeast comer of the herein described tract;
THENCE: N 23°4TD4" W 17.08 feet, over and across the said Storm Sewer Easement to a
calculated point in a west line of said Easement, for the Southwest corner of the herein described
tract;
THENCE. N 37'41'38" E 11.39 feet, along a west line of the said Storm Sewer easement to the
POINT OF BEGINNING, containing 0.004 Acres of land, (171 Square Feet), more or less.
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
August 8, 2019
Ref: Williamson County Appraisal District Property ID Number R319908
EA NO 4_SchultzLn 200928.doc
Page 1 of I
2021046189 Page 5 of 8
EXHIBIT 11
Ll
SCALE: 1 "= 100'
u SKETCH TO ACCOMPANY LEGAL DESCRIPTION ATS Job
lit et
,&�'� y q°�a��la P.O.C. 4
N, Z++r'41W37"W 21
S54i5'59fE2z
.
N ,Ap-,215.05'
185, 54 _ (24
P.O. B. 4 v, i
ENCROACHMENT _
AGREEMENT 4
0.004 ACRE
(1 71 SQUARE FEET)
.J 1. _ - .l. _ J L-
(� .\ S2 v•00
f.� .3 V ~ � L �. /\ \ %perIr
r ' WATER HE EASEMENT iJ `• \` LOT 3�
r 0:789 ACRE EASEMENT �' BLOCK A
P.u.E DOC. N0. 40190999/6 BLOCK1A o331 \:•;'•0,395 ACRE \'
(0.757 ACRE) ACRE . `•�
IOC. N0. ... _.... 9.126 ACRES 2019092944 R.a:W. Of:El!"�TED 1y
To THE Clly .�
ROUND ROCK,.v
(DOC. NO.
2019119425)
CURVE DATA TABLE � �-\ ,,,y,•,`
CURVE
RADIUS
CHORD DIRECTION
CHORD LENGTH
ARC LENGTH
C1
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
S 83'1315' E
192.32
192.33
C3
7605.94
N 83'13 51 W
192.26
192.26
C4
170.00
N 88'07 59 W
146.83
151.82
C5
633.88
N 6 56 49 E
9.48
9.48
W
.44
C7
55.44
N 01'52 01 E
47.8$
49.51
C8
633.88'
S 18'19'28" W
35.72
35.72'
>urveyor's Note:
3eorings shown hereon are boxed on Texas State
21ane Coardlnate System, Central Zone (PIPS Code
1203). NAD 53, Grid Coordinates do Grid North.
LINE
DATA TABLE
L23
N54'15 59 W
2.18
L24
537'41 38 W
10.12
L25
52 '43 04
17.08
L26
S3T4 8 W
11.39
27
N23'43 04 W
17,08
L
7
SHEET 4 OF 4
Surveyor's Note: SEE SHEET 1 FOR OVERVIEW
Bearings shown hereon are based on Texas State Plane Coordinate AND LEGEND
System, Central Zone (FIPS Code 4203), NAD 83, Grld Coordinates & Gr1d
North. JaATS Eng�neel"S
DETAIL (nS �S
ENCROACHMENT 1� WW. neollLcom a � cls
AGREEMENT AREA 4 'MNXF lea %#1 IWW
"Www Nwq No Est Wseeti
Projeets\8ULK\S-Z\Schul tzLone\Production\Dwgs\Encroachmen tAgmt-SchultzLn-200923.dwg
2021046189 Page 6 of 8
EXHIBIT " "SKETCH TO ACCOMPANY LEGAL DESCRIPTION
4w
LOUIS HENNA BOULEV
a.k.a. STATE HIGHWj
NNlIC Wom &0.Wa
(N54.09.37" W 215.
22)
S54 15 59"E 215 C),
'
��5. 54.1
05
NO
'
LOT 1
BLOCK A
PROPOSED 9.126 ACRES r'
BL.DG 6 LV
i
i
i STORM SE [R'
i
i EASFMENT
0.331 ACRE i
1 DOC. NO.
2< 19099944 i
i J i
i
Surveyor's Note:
Bearings shown hereon are based on
Texas State Plane Coordinate System.
Central Zone (FIPS Code 4203). NAD 83,
Grid Coordinates do Grid North.
SHEET 2 OF 3
SEE SHEET 1 FOR OVERVIEW
AND LEGEND
LINE
DATA TABLE
HEMIN
L23
IN541 9 W
2.18
-24
S37'41 38 W
10.12
L25
S23'43 04 E
17.08
L26
537'41 38 W
11.39
L27
N23' 3 04 W
17.08
11. 9
ATS Job
ENCROACHMENT
AGREEMENT 4
0.004 ACRE
171 SQUARE FEET)
LLOT 3
25
BLOCK A
0.395 ACRE
R.O. W.
FENCE
-L25
SCALE: 1"=10'
Glextc SC=
20
DETAIL
ENCROACHMENT
AGREEMENT AREA 4
]CIATSInsrectors
�s��a. ela�se000
4DIowrseFnhy�v1313t8e066
AWKiRXAs 71M FAM tautoa"M
\Dwgs\EnoroachmentAgmt4 SchultzLn_2011
2a21046121 Page T of 8
SHEET 3 OF 3
LINE AND CURVE
TABLES TO
ACCOMPANY EXHIBIT
OVERALL SITE
EXHIBIT
} RECORD BEARINGS PER DOC. NO.
2007028550 uNLESs Nown
LINE DATA TABLE
LINE
BEARING
DISTANCE
L1
N 5538 07 E
39.36
L1
S55'41 59 W
38.93
L2
N 5538 d E
8.01
L3
N 55'38 07 E
31.35
L4
S 85'29 06' E
9.93
L4
N 86'19 46 W
10.04'
L5
S 66'16 56 W
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
76 . 4
S 83"13'115'E
192.32
192.33
C3
7605.94
N 83'13 51 w
192.26
192.26
C4
170.00
N 88'07 59 W
I 146.83
151.82
ATS Jab
]MATSEnginem
rcmyols
ctos
- lglnsl o m
T9PLS�Rmr,ot2m
ytowal 200 1st�2�rsaoi6
AusMl. 7vu FAX 012) 3NM6
2021046189 Page 8 of 8
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2021046189
Pages; 8 Fee: $45.00
03/31 /2021 12- 06 PM
.vim. 4
Nancy E. Rister,County Clerk
Williamson County,Texas
JTEROUND ROCK
XA5
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: ENCR2010-0002 DRG Schultz Towns @45 - 210303 Executed Doc
Department: Planning and Development Services Department
Text of Legislative File CM-2021-080
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 1 of 1