CM-2021-115 - 4/23/2021ELECTRONICALLY RECORDED 2021061109
Williamson County, Texas Total Pages. 12
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between
QUICK RANCH DEVELOPMENT INC., hereinafter "Owner," a Texas corporation, whose
current address is 9111 Jollyville Road #1 11, 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, Quick Tract, Section 1, a subdivision recorded in
Document No. 2020129833 of the Official Public Records of Williamson County,
Texas (the "Property").
B. City is the record holder of a Water Line Easement recorded in Document No.
2020127462 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 as described in Exhibit "A", attached hereto and incorporated
herein by reference for all purposes, with the Encroaching Structure being in the nature
of a private storm sewer inlet, as set forth by sketch in the attached Exhibit "A" (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;
14M-2o2-1r 115
00467683/ss2
ENCR2102-0002
2021061109 Page 2 of 12
(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,
(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;
(9) 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 allomey'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; and
2021061109 Page 3 of 12
(10) Relative to any subsequent purchaser of the Property and/or the
Encroaching Structure, the Owner expressly agrees to adequately inform
any such purchaser ofthe existence of this Agreement and provide a copy
of same.
(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
QUICK RANCH DEVELOPMENT INC.
BY:
Date Signed: 3-as-Apa u
CITY
CITY ' ROUND ROCK, TEXAS
Laurie Hadley, city Mana Ci e
8
Date Signed:
(Acknowledgements on following page.)
3
2021061109 Page 4 of 12
&MOWLEDGMENT
THE STATE OF Tixn5
COUNTY OF I RAMS
is instru ent was acknowledged before me this of day of , 2021,
by :r"� (Name}, as �S I _ (Title} of QiTICK
RAN H DEVELOPMENT )ENC., a Texas corporation, whose name is subscribed to the
preceding instrument, and acknowledged to me that he executed it for the purposes and
consideration expressed in it.
"�AE VI.,%
EL ID 2 633727OH! Nota public in and for the State of
r My COmmiaeion F
'`` June 02, 2023
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on thisday of�
by Laurie Hadley, Round Rock City Manager, in the capacity and for the purposes and
consideration therein indicated.
�'I1011Nifloliqi/
N�QUE Ap /
`• o ARY P11, ys'•'�.' Notary Public and for the State of Texas
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2021061109 Page 6 of 12
EXHIBIT A
DESCRIPTION
Variable Width Easement
Quick Tract
JOB NO. 7051-02
FIELD NOTES FOR FOUR VARIABLE WIDTH TRACTS OF LAND, BEING A TOTAL OF
121 SQUARE FEET IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS,
IN THE GEORGE W. GLASSCOCK SURVEY, ABSTRACT 267; BEING OUT OF LOT 2,
BLOCK "B", QUICK TRACT, SECTION 1 AS RECORDED IN DOCUMENT NUMBER
2020129833 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS
AS CONVEYED UNTO QUICK RANCH DEVELOPMENT INC. IN DOCUMENT NUMBER
2019106436 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS;
SAID TRACTS BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
DESCRIBED AS EASEMENT TRACTS 1 - 4 AS FOLLOWS:
EASEMENT TRACT 1:
COMMENCING AT A POINT OF REFERENCE, a 1/2-inch iron rod with a cap stamped
"BGE lNC" found on the west right-of-way line of Bluffs Landing Way, (R.O.W. — 65') as
shown on the plat of Bluffs Landing Senior Village, recorded in Cabinet "EE", Slides 371 &
372, of the Plat Records of Williamson County, Texas, at the southeast corner of said Lot 2, and
the northeaslerly corner of the east remaining portion of a called 86.645 acre tract of land as
conveyed unto Alice E. Quick, LLC in Document Number 2019088826 of the Official Public
Records of Williamson County, Texas; THENCE, N 29°2700" W, over and across Lot 2, a
distance of 138.01 feet to a calculated point for the southeast comer and POINT OF
BEGINNING of the herein described tract;
THENCE, continuing over and across Lot 2 the following five (5) courses:
1) S 69°02'20" W, a distance of 9.96 feet to a calculated point for an angle point of the
herein described tract;
2) S 24*02' 19" W, a distance of 1.46 feet to a calculated point for the southwest corner of
the herein described tract;
3) N 20°574 V W, a distance of 3.54 feet to a calculated point for the northwest comer of
the herein described tract;
4) N 69'02'19" E, a distance of 11.00 feet to a calculated point for the northeast corner of
the herein described tract;
5) S 20*5741" E, a distance of 2.50 feet to the POINT OF BEGINNING and containing
28 square feet of land, more or less.
Page 1 of 7
GO TXCVR0JECTMM1LE9MN "773.00_QUICK TRACT SURVEYW4 fRNALSWB%EASEMENTS ESKn EASTOF
ROWIENCROACHMENT EASEMEN M70 1 02 VW EN1CRE -FN . COMBINED.WeX
2021061109 Page 6 of 12
EASEMENT TRACT 2:
COMMENCING AT A POINT OF REFERENCE, a 1/2-inch iron rod with a cap stamped
"BGE iNC" found on the west right-of-way line of Bluffs Landing Way, (R.O.W. — 65') as
shown an the plat of Bluffs Landing Senior Village, recorded in Cabinet "EE", Slides 371 &
372, of the Plat Records of Williamson County, Texas, at the southeast corner of said Lot 2 and
the northeasterly corner of the east remaining portion of a called 86.645 acre tract of land as
conveyed unto Alice E. Quick, LLC in Document Number 2019088826 of the Official Public
Records of Williamson County, Texas; THENCE, N 43*41'40" W, over and across Lot 2, a
distance of 352.83 feet to a calculated point for the southeast corner and POINT OF
BEGINNING of the herein described tract;
THENCE, continuing over and across Lot 2 the following six (6) courses:
1) S 6805WW W, a distance of 3.54 feet to a calculated point for the southwest corner of
the herein described tract;
2) N 2100915611 W, a distance of 11.00 feet to a calculated point for the northwest corner of
the herein described tract;
3) N 68'50'04" E, a distance of 3.54 feet to a calculated point for the northeast corner of the
herein described tract;
4) S 23'50'04" W, a distance of I A6 feet to a calculated point for an angle point of the
herein described tract;
5) S 21 °09'56" E, a distance of 8.93 feet to a calculated point for an angle point of the herein
described tract;
6) S 66*09-56" E, a distance of I A6 feet to the POINT OF BEGINNING and containing
29 square feet of land, more or less.
Page 2 of 7
G0:5TXCWROIECTS-MILESTONLr*773.00 QUICK TRACT SURVEY104 FINALS40TASEMENTS ESMTS EAStOF
ROWIENCROACHMEW EASgMENTS 7051-02 VW ENCRE -FN-COMBINED.DOCX
2021061109 Page 7 of 12
EASEMENT TRACT 3:
COMMENCING AT A POINT OF REFERENCE, a 1/2-inch iron rod with a cap stamped
"BGE INC" found on the west right-of-way line of Bluffs Landing Way, (R.O.W. — 651) as
shown on the plat of Bluffs Landing Senior Village, recorded in Cabinet "EE", Slides 371 &
372, of the Plat Records of Williamson County, Texas, at the southeast corner of said Lot 2 and
the northeasterly corner of the east remaining portion of a called 86.645 acre tract of land as
conveyed unto Alice E. Quick, LLC in Document Number 2019088826 of the Official Public
Records of Williamson County, Texas; THENCE, N 81905'54" W, over and across Lot 2, a
distance of 272.02 feet to a calculated point for the southeast comer and POINT OF
BEGINNING of the herein described tract;
THENCE, continuing over and across Lot 2 the following seven (7) courses:
1) N 65053108" W, a distance of 1.48 feet to a calculated point for an angle point of the
herein described tract;
2) S 69*063 I" W, a distance of 7. 54feet to a calculated point for a re-entrant corner of the
herein described tract;
3) S 20055'42" E, a distance of 1, 52 feet to a calculated point for a corner of the herein
described tract;
4) S 68048'48" W, a distance of 2.41 feet to a calculated point for the southwest corner of
the herein described tract;
5) N 210111120 W. a distance of 4.00 feet to a calculated point for the northwest corner of
the herein descn'bed tract;
6) N 68048481113, a distance of 11.00 feet to a calculated point for the northeast comer of
the herein described tract;
7) S 21 *11'12" E, a distance of 3.57 feet to the POINT OF BEGINNING and containing
32 square feet of land, more or less.
page 3 d7
GO:ITXOPROIECrSMMELESTONE%6771- QUICKC MACr SURV£YMU FINALS%M81£A5£MWM ESNTS EAST OF
ROWWAMOACHMENT EASEMENTS 7031.02 V%V ENCRE -FN - COMBINED.DOU
2021061109 Page 8 of 12
EASEMENT TRACT 4:
COMMENCING AT A POINT OF REFERENCE, a 1/2-inch iron rod with a cap stamped
"BGE INC" found on the west right-of-way line of Bluffs Landing Way, (R.O.W. — 651) as
shown on the plat of Bluffs Landing Senior Village, recorded in Cabinet "EB", Slides 371 dt
372, of the Plat Records of Williamson County, Texas, at the southeast comer of said Lot 2 and
the northeasterly corner of the east remaining portion of a called 96.645 acre tract of land as
conveyed unto Alice E. Quick, LLC in Document Number 2019089926 of the Official Public
Records of Williamson County, Texas; THENCE, S 87° 14'28" W, over and across Lot 2, a
distance of 433.64 feet to a calculated point for the southeast corner and POINT OF
BEGINNING of the herein described tract;
THENCE, continuing over and across Lot 2 the following seven (7) courses:
1) N 65°53'05" W, a distance of 1.46 feet to a calculated point for an angle point of the
herein described tract;
2) S 69°06'36" W, a distance of 7.27 feet to a calculated point for a re-entrant corner of the
herein described tract;
3) S 20°55'42" E, a distance of 1.50 feet to a calculated point for a comer of the herein
described tract;
4) S 69°06'45" W, a distance of 2.70 feet to a calculated point for the southwest corner of
the herein described tract;
5) N 20053' 15" W. a distance of 4.00 feet to a calculated point for the northwest comer of
the herein described tract;
6) N 69006'45" E, a distance of 11.00 feet to a calculated point for the northeast corner of
the herein described tract;
7) S 20'53' 15" E, a distance of 3.54 feet to the POINT OF BEGINNING and containing
32 square feet of land, more or less.
Paged of 7
00 TXOPROJECYS►MILESTONB6773.00 QUICK_ TRACT SURVEYI04 FINALS%MB•EASEMENrS,ESMn EAsTOf
ItOW1ENCROACHMENTEASEINENTS?OSIQ VWENCRE-FN COMBINED.DOCX
2021 G61 109
Page 9 of 12
1 hereby certify that these notes were prepared from a survey made on the ground by employees
BQE Inc. and are true and correct to the best of my knowledge. The basis of bearing recited
herein is the Texas State Plane Coordinate System, Central Zone, NAD-83. There is an exhibit
plat with like job number and date.
<—
Lo. ajts-f��
Dion P. Albertson RPLS Number 4963
BGiE, Inc.
7330 San Pedro Ave, Suite 202
San Antonio TX 78216
Telephone: 210-5 81-3600
TBPELS Licensed Surveying Firm Number 10194490
Client:
Date:
Project Number:
Milestone
January 25, 2021
7051-02
Per Sof7
»25rA21
Date
OG :TXC%PROJECr MILESTONE+6713-0D_QUICK_nACT SURVEYIG4 FINALS%MVEASFMENTS'ESMTSEAST OF
ROWIENCROACHMENTEASEMMM7051.02_ VW ENCRE-FN.COMSINED.DOCx
2021061109 Page 10 of 12
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2021061109 Page 12 of 12
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2021061109
Pages: 12 Fee: $65.00
04/26/2021 02:40 PM
�h. n
Nancy E. Rister,County Clerk
Williamson County,Texas
ROUND ROCK
TEXAS
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing an Encroachment Agreement with Quick Ranch Development
Inc. for encroachment into a portion of the City's Water Line Easement recorded
Document No. 2020129833 of the Official Public Records of Williamson County,
Texas.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 4/23/2021
Dept Director: Brad Wiseman, Director of Planning and Development Services
Cost: $0.00
Indexes:
Attachments: ENCR2102-0002 Quick Tract West - 210322 Legal Doc prep
Department: Planning and Development Services Department
Text of Legislative File CM-2021-115
This agreement allows private storm drain structures 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.
Cityo/Round Rock Page 1 of 1