CM-2021-139 - 5/14/2021ELECTRONICALLY RECORDED 2021072509
Williamson County, Texas Total Pages: 13
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 l l 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 Public Utility Easement recorded in Document No.
2020030574 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 al I purposes, with the Encroaching Structure being in the nature
of landscaping and irrigation improvements, 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;
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2021072609 Page 2 of 13
(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 andlor 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.
2
2021072509 Page 3 of 13
(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 concl'i[ions of this Agreement.
OWNER ,!
CND -CH HO ,M, LL
By:
Date Signed:
CITY
CITY OF ROUND ROCK, TEXAS
By: ��Pt
City Man ger Zk
Date Signed: c,/tt ft l Ito, ?� 2-
[Acknowledgements on following page.]
2021072509 Page 4 of 13
ACKNOWLEDGMENT
THE STATE OFXi45
COUNTY OF ' J"VI S
This instr ent was acknowledged before me on this da of Ri ( , 2021,
by I —iM KAdp (Name), as REST {Title) of CND-
CHISHOLM, LLC, a Texas 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,
E44Z+49ETHMARIEitOq(En Notary ublic in and for the State of hex4s
€.; •i My YID 11323M
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this ay of r�^ 2021,
V
,Round Rockity Manager, in the capacity and for the urposes and
deration therein indicated.
pNIQIJE'q����i�� Notary Public in and for tie State o Texas
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2021072509 Page 5 of 13
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2021072509 Page 13 of 13
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2021072509
Pages: 13 Fee: $69.00
_ _05/14/2021 03:59 PM
Nancy E. Rister,County Clerk
Williamson County,Texas
City of Round Rock
IROUN ROIX
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 Public Utility Easement recorded in
Document No. 2020035074 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: ENCR2103-0003 3000 Chisholm Trail-210421 Executed Doc
Department: Planning and Development Services Department
Text of Legislative File CM-2021-139
This is an agreement that allows for placement of private landscaping and irrigation infrastructure in a
public utility easement (PUE). This agreement assigns maintenance responsibility for this infrastructure to
the property owner. All rightsholders to this easement are agreeable to this encroachment.
The City Utilities Department Director is agreeable to the encroachment.
City of Round Rock Page 1 of 1