CM-2021-153 - 5/21/2021ELECTRONICALLY RECORDED 2021076380
Williamson County, Texas Total Pages: 6
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between BEE
SAFE ROUND ROCK 1-35, LLC, hereinafter "Owner," a North Carolina limited liability
company, whose current address is 201 North Elm Street, Suite 201, Greensboro, North Carolina
27401, and the CITY OF ROUND ROCK, TEXAS, hereinafter the "City," a municipal homc-
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 located at 510 South I1-1-35, Round Rock, Texas,
described as being a replat of portion of Lot 5, Round Rock West, Section 3 (revised),
a subdivision in Williamson County, Texas (the "Property").
B. City is the record holder of a Drainage and Storm Sewer Easement recorded in
Document No. 1995057991 of the Official Public Records of Williamson County,
Texas in Cabinet M, Slides 220,221 and 222 (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: 1) pond
discharge with storm line and rock rip -rap; and 2) a concrete drive, curb and gutter,
guardrail and retaining wall, as set forth in Exhibit "A," 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 "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;
00465391:ss2
F NCR201 1-0001
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2021076380 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 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 arc 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;
20210763BG Page 3 of 6
(10) Relative to any subsequent purchaser of the Property and/or 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; and
(11) The City reserves the option to rescind this Agreement at anytime, 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
BEE SAFE ROUND ROCK I-35, LLC
By:
Date Signed: </S/ 20 zr
CITY
CITY OF ROUND ROCK, TEXAS
By'•41 —
fey, (: ity Manager
Date Signed: 2' 2-1
[Acknowledgements on following page.]
2021076380 Page 4 of 6
ACKNOWLEDGMENT
THE STATE OF N o r HA (&sf0k►A Q,
COUNTY OF Cn' l 1 h r�
This instrument was acknowledged before me on this3-day of , 2021,
by _oh i,.A.Sa (Name), as ` (Titic) of BEE
SAFE ROUND ROCK I-35, LLC, a North Carolina 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.
"#j0LAS ADAM SPIVEY
WARY W&jc,,1coMUM
GuLFOROu�rrARO
w Coop MM ON EWRES — -
ME 13.2024 Notary Public in and for the tate o Nortk (GWb�trM4
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this �Judt of 1 r �' '�, 2021,
by y, Round Rock City Manager, in the capacity and for the pu' os
1es and
nsideration there-f� indicated. k .
61 it(:�� � f7v
Notary Public in V
for the State of Texas
4
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RECORDERS MEMORANDUM
A I or parts of the text on this page was not
clearly legible for satisfactory recordation
2021076380 Page 6 of 6
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2021076380
Pages:6 Fee, $45.00
05121 /2021 021-50 PM
st,
•, ku: c
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 Bee Safe Round Rock 1-35,
LLC, for encroachment into a portion of the Clty's Drainage and Storm Sewer
Easement recorded in Document No. 1995057991 of the Official Public Records
of Williamson 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: ENCR2011-0001 SS&DRG Lake Creek Mini Storage - 210510 Executed Doc
Department: Planning and Development Services Department
Text of Legislative File CM-2021-153
This is an agreement that allows for placement of a private drive with curb, gutter, guardrail and retaining
wall as well as stormwater infrastructure to be located in a City drainage 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 1