CM-2021-151 - 5/21/2021ELECTRONICALLY RECORDED 2021076378
Williamson County, Texas Total Pages: 7
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between
FIRST BASE REAL ESTATE, LLC, hereinafter "Owner," a Texas limited liability company,
whose current address is 2915 Highway 21 West, Caldwell, Texas 78836 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 owiier of property located in Section 3, Block C, Lot I, Legends Village,
a subdivision in Williamson County, Texas (the "Property").
B. City is the record holder of the following easements: 1) 15' Wastewater Line Easement
recorded in Document No. 2003043786 of the Official Public Records of Williamson
County, Texas; 2) a 20' and a 10' Public Utility Easement recorded in Document No.
2003051086 of the Official Public Records of Williamson County, Texas; and 3) a 10'
Landscape Easement recorded in Document No. 2000083179 of the Official Public
Records of Williamson County, Texas (collectively 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 landscaping
improvements, lighting improvements and signage, as set forth in Exhibits "A I" and
Exhibit "A2," attached hereto and incorporated herein by reference for all purposes
(collectively 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 "Al" and Exhibit "AT' 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;
00467606-ss2
Fl`CR2101.ON2
CM-2t-2_1-161
202076378 Page 2 of 7
(5) The permission of the City in allowing the Encroaching Structure shall
be strictly limited to this particular request, and shall not be constnied 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;
(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;
2021076378 Page 3 of 7
(10) Relative to any subsequent purchaser of the Property and/or the
Encroaching Structure, the Owner expressly agrees to adequately infotrn
any such purchaser of the existence of this Agreement and provide a copy
of same; and
(11) The City reserves the option to rescind this Agreement at any timc, 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
FIRST BASE REAL ESTATE, LLC
0
Date Signed: �'Z Zb 2. Y
CITY
CITY OF ROUND ROCK„TE AS
,p y, Vity Manager
Date Signed:
[Acknowledgements on following page.]
2021076378 Page 4 of T
ACKNOWLEDGMENT
THE STATE OF TE"5
COUNTY OF WILLINJOIJ
This instrument was acknowledged before me on this _.�4 day of MftRt,l4- , 2021,
by —[—InIp :)DRFp (Name), as (Title) of FIRST
BASE REAL ESTATE, 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.
ALEUNOER HERNANDEr
NOWY 10 0130446418
My Commission ExpMns
r petembor 19, 2023
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this Atay of A14a , 2021,
by L y, Round Rock ity Manager, in the capacity and for the purposes and
sideration therein indicated. ,
6YLA
Notary Public in for the State of Texas
9
2021076318 Page 5 of 7
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2021076378 Page 7 of 7
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2021076378
Pages:7 Fee: $41.00
05/21 /2021 0250 PM
..o
Nancy E. Rister,County Clerk
Williamson County,Texas
City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing an Encroachment Agreement with First Base Real Estate, LLC
for encroachment into a portion of the City's Wastewater Easement and PUblic
Utility Easements recorded in Document No. 2003043786 of the Official Public
Records of Williamson County, Texas and a Landscape Easement recorded in
Document No. 2000083179 of the Official Public Records of Wiliamson County,
Texas.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 5/21/2021
Dept Director: Brad Wiseman, Director of Planning and Development Services
Cost: $0.00
Indexes:
Attachments: ENCR2101-0002 Mas Fajitas - 210428 Executed Doc
Department: Planning and Development Services Department
Text of Legislative File CM-2021-151
This is an agreement that allows for placement of private landscaping, irrigation, lighting improvements
and signage 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 l