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CM-2021-138 - 5/14/2021ELECTRONICALLY RECORDED 2021072508 Williamson County, Texas Total Pages: 8 ENCROACHMENT AGREEMENT This Encroachment Agreement, hereinafter "Agreement," is made and entered into between CND- CHISHOLM, LLC, hereinafter "Owner," a Texas limited liability company, whose current address is I l I I N Post Oak Road, Houston, Texas 77055, 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 specifically, 19.3468 acres described as Chisholm Trail, Block A, Lot 1, Section 1, Williamson County, Texas (the "Property"). B. City is the record holder of a Water Line Easement recorded in Document No. 202012746 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 sidewalk and waterline, 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; (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; 00469770iss2 ENCR2103.0002 2021072508 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; and (10) Relative to any subsequent purchaser of the Property andfor the Encroaching Structure, the Owner expressly agrees to adequately inform any such purchaserofthe existence of this Agreement and provide acopy of same. 2 2021072508 Page 3 of a ( 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. 0 Date Signed: 7 U CITY CITY OF ROUND ROCK, TEXAS ZLA �- By: Ci y Mana ks1eL ' ��rft-z Date Signed:. - [Acknowledgements on following page.] I 2021072508 Page 4 of 8 ACKNOWLEDGMENT THE STATE OF —TU&6 COUNTY OF TMVi 5 This instrument was acknowledged before me on this 114�` day of t 2021, by -,J-IM ZRdO (Name), as h Me-ssdext (Title) ofsCND- CHISHOLM, LLC, aTexas limited liability company, whose name is subscribed to the preceding instrument, and acknowledged to me that he executed it for the purposes and consideration expressed in it. •"•�: 894BE7H MAt;tIE RlaClVT #I Notary ID # 11=W Note Public i n ; Notary and for the State of GAS .� E*" August 18, 2022 ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this �44-�ay of �� , 2021, by Round Rock f ity Manager, in the capacity and for t1t purposes and nsideration therein indicated. rDf (A-t s ex n ,```��0%jj%11 UIlA y�� Notary Public in and for t State of Texas 2021072608 Page 5 of 8 3 310?1 UA-Fasulnewines Inc. 7500 Ri/M+�olA�ra-�Bidinp f Phone 51249.4701 Stiff 100 Fai 512.079,4716 hagn.7"" 76735 FAN.F•1316 Exhibit "A" 200 100 0 200 400 SCALE IN FEET CHISHOLM TRI SIDEWALK ENCROACHMENT INDEX 2ldMa&-eAawch.dw0 1 OF 3 2021072508 Page 6 of 8 Exhibit "A" 200 100 0 200 400 SCALE IN FEET dw Wpr ,, r r �• — r • I) r ' ti / r / r / CHISHOLIV SITE / DEVELOP 1 1 1 I I I I I I I OFF �E r s dim '. :....................... r BRIAN W. FALIESEK .... . � � r Tn i I� I I 1 I I I I I � .I I I I I I I I I I I I I I TI I I I I I I J I I I I L -� CHISHOLM TRAIL LJA Engineering, Inc._ SIDEWALK >'Soo NSW 80 Md eulbrp R ov 512439.4700 ENCROACHMENT um 100 Fu 512 4NA715 h4N Tu" 71m FRN • F- m ENCROACHMENT DENOTATION - SHEET 2 LEGEND SIDEWALK WATERLINE EASEMENT AREA OF SIDEWALK ENCROACHMENT swwalkww" l."s 2 OF 3 2021072508 Page 7 of 8 Exhibit "A" 200 100 0 200 400 SCALE IN FEET I LEGEND SIDEWALK r _I WATERLINE EASEMENT ® AREA OF SIDEWALK ENCROACHMENT CH ISHOLM TRAIL WA Engineering, Inc. _ SIDEWALK MOweosae YW &MtV n ohm 51 2 0.40 ENCROACHMENT Suits 100 F� 542 �79.�711 Aw*. T•.os TAT$ FR►1 • F•IM0 ENCROACHMENT DENOTATION - SHEET 3 •IdawalhamcKhOn 3 OF 3 202/072508 Page 8 of 8 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2021072508 Pages:8 Fee: $49.00 _05/14/2021 03:59 PM J Nancy E. Rister,County Clerk Williamson County,Texas ROUND ROCK City of Round Rock TEXAS Agenda Item Summary Agenda Number: Title: Consider executing an Encroachment Agreement with CND -Chisholm, LLC for encroachment into a portion of the City's Water Line Easement recorded in Document No. 202012746 of the Official Public Records of Williamson County, Texas. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 5/14/2021 Dept Director: Brad Wiseman, Director of Planning and Development Services Cost: $0.00 Indexes: Attachments: ENCR2103-0002 3000 Chisholm Trail - 210422 Executed Doc Department: Planning and Development Services Department Text of Legislative File CM-2021-138 This agreement allows large portions of a private sidewalk to be located in a City water easement and establishes responsibility for any repair/replacement of this private infrastructure to be that of the property owner, not the City, in the event that the waterline requires excavation. The City Utilities Department Director is agreeable to the encroachment. City of Round Rock Page 1 of 1