CM-2021-168 - 6/11/2021ELECTRONICALLY RECORDED 2021088678
Williamson County, Texas Total Pages: 9
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between
INNVESTMENT CAPITAL, LLC, a Texas limited liability company, hereinafter referred to as
the "Owner," whose address is 5700 Travis Green Lane, Austin, Texas 78735, 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 Lot 1 B2, Block A, of Replat of Lot 1 B in Block A, Round Rock
Express Subdivision, Section Three, a subdivision of Williamson County, Texas,
according to the map or plat thereof recorded in Document No. 2018059982 of the
Official Public Records of Williamson County, Texas (the "Property").
B. City is the record holder of a 50-foot Public Utility Easement (the "PUE") running
parallel to the northern property right-of-way line of East Palm Valley Boulevard— US
Highway 79 abutting Lot I B2, Block A, of Replat of Lot 1 B in Block A, Round Rock
Express Subdivision, Section Three, a subdivision in Williamson County, Texas,
according to the map or plat thereof recorded Document No. 2018059982 of the
Official Public Records of Williamson County, Texas (the "PUE Area"). A copy of
page two (2) of the recorded plat is attached hereto as Exhibit "A", attached hereto and
incorporated herein for all purposes.
C. The Owner has requested that the City allow an encroachment on or over a portion of
the PUE Area, with the Encroaching Structure being in the nature of a monument sign
and landscaping improvements, as set forth in Exhibit "B," incorporated herein by
reference for all purposes (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 PUE Area strictly subject to the following
conditions:
(1) The Encroaching Structure may be located only as depicted on the attached
Exhibit "B," and that no further encroachment or improvements of any
kind in the PUE 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;
00431065/ss2
AOKI901-003 • Diamond Oaks La Qumta
2021088678 Page 2 of 9
(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;
(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 ten (10) 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 PUE 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
2
2021088678 Page 3 of 9
termination of this agreement; and
(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.
(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.
OWNER
INNVESTMENT CAPITAL, LLC, a Texas limited liability
company
By:
Date Signed: IZcs 2
CITY
CITY OF ROUND R S
By:
1ffM—n—eR—affR , ity Manager
&mks 1 -Z P,.WCX,
Date Signed: __._. U,( 1rC3 (
(acknowledgements on following page)
2021088678 Page 4 of 9
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instalment as ackno Iedged before me on this S day of 2 2019,
by (Name), as (Title) of
INNVES ENT CAPITAL, LLC, a Texas limited lialsility compan , on behalf of said company,
known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed it for the purposes and consideration expressed in it.
QA-
Lm A)JOIzz )
Notary Public in and for the State of Texas
MARISSA AVALOS
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:n _h_Notary Public. State of Texas
Comm- Expires 05•16 2fl22
Notary 10 131571182
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
Lffltday
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This instrument was acknowledged before me on this 4� , ee",
by I Round Rock City Manager, in the capacity anda:he purposes and
P i
nsideration therein indicated.
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EXHIBIT "A"
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EXHIBIT "B"
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2021088678 Page 9 of 9
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2021088678
Pages:9 Fee: $61.00
_ 06/15/2021 01:06 PM
Nancy E. Rister,County Clerk
Williamson County,Texas
d
ROUND ROCK
TEXA5
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing an Encroachment Agreement with Investment Capital, LLC for
the Diamond Oaks La Quinta Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 6/11/2021
Dept Director: Brad Wiseman, Director of Planning and Development Services
Cost: $0.00
Indexes:
Attachments: Encroachment Agreement - Diamond Oaks La Quinta -Executed Doc
Department: Planning and Development Services Department
Text of Legislative File CM-2021-168
This agreement allows for the placement of a monument sign and associated landscaping in a public utility
easement (PUE) and establishes responsibility for any maintenance and repair of this private infrastructure
to be that of the property owner, not the City. The City's Utilities Director and franchise utility owners are
agreeable to the encroachment.
City of Round Rock Page i of 1