CM-2021-140 - 5/14/2021ELECTRONICALLY RECORDED 2021072510
Williamson County, Texas Total Pages: 6
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between KR
CC, INC., a Texas corporation whose current address is 1350 Kalahari Drive, Wisconsin Dells,
Wisconsin 53965, hereinafter "KRCC" 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 KRCC agree as
follows:
A. City is the owner and lessor of 9.796 acres recorded in Document No. 2016119806 and
12.1 acres recorded in Document No. 2013049009 of the Official Public Records of
Williamson County, Texas (the "Property").
B. KRCC is the current lessee of said Property.
C. City is the record holder of a Declaration of Wastewater Easement recorded in
Document No. 2021050158 of the Official Public Records of Williamson County,
Texas (the "Easement Area").
C. KRCC 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
fencing, 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 KRCC 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 KRCC, 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;
J�-2-621-
1IV
67. ss2
ENCR2 101 -0001
2021072510 Page 2 of 6
(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 KRCC 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, KRCC agrees to be solely responsible for
removal of the Encroaching Structure to the City's satisfaction, and such
removal shall be completed by KRCC within thirty (30) days of actual
notice to KRCC of the City"s directive to remove same. The parties
expressly agree that, in the event KRCC 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 KRCC;
(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) KRCC 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 KRCC 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 KRCC 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 KRCC,
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
2021072610 Page 3 of 6
(10) Relative to any subsequent purchaser of the Property and/or the
Encroaching Structure, the KRCC expressly agrees to adequately inform
any such purchaser of the 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 KRCC ten (10) days written notice of its
exercise of said option.
By execution below by KRCC and the respective appropriate authorities of the City of
Round Rock, Texas, the signatories bind the entities to obey all conditions of this Agreement.
KR CC, INC.
By: A
Dale H. Hensen, Director of Development
Date Signed: --April 30, 2021
CITY MMK;;
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By:
ail ity Mana er
Date Signed:
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[Acknowledgements on following page.]
2021072510 Page 4 of 6
ACKNOWLEDGMENT
t
THE STATE OF Y1
COUNTY OF
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This instrument was acknowledged before me on this 30th day of _ April , 2021,
by Dale H. Hensen (Name), as Director of Development (Title) of KR CC,
INC., 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.
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BONTE SPATH
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this day of M — , 2021,
by L• ' Itatttey, Round Rock City Manager, in the capacity and for the p ases and
co sideration therein indicated.
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2021072510 Page 5 of 6
Exhibit "A"
RECORDERS MEMORANDUM
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clearly legible for satisfactory recordat on
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ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2021072510
Pages:6 Fee: $41.00
_05/14/2021 03: 59 PM
4 t
Nancy E. Rister,County Clerk
Williamson County,Texas
City of Round Rock
ROUND ROCK
TExA5 Agenda Item Summary
Agenda Number:
Title: Consider executing an Encroachment Agreement with KR CC, Inc. for
encroachment into a portion of the City's Declaration of Wastewater Easement
recorded in Document No. 2021050158 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: ENCR - Kalahari Employee Housing - 210506 Executed Doc
Department: Planning and Development Services Department
Text of Legislative File CM-2021-140
This agreement allows a private screening fence to be located in a 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.
City of Round Rock Page 1 of I