CM-2021-231 - 9/3/2021ELECTRONICALLY RECORDED 2021136670
Williamson County, Texas Total Pages: 13
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between
QUICK RANCH DEVELOPMENT INC., hereinafter "Owner," a Texas corporation, whose
current address is 9111 Jollyville Road No. 111, Austin, Texas 78759, 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 described as Lot I, Quick Tract, Section 1, Williamson
County Texas.
B.City is the record holder of Water Line Easement recorded in Document No.
202 l 105884 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 all purposes, with the Encroaching Structure being in the nature
ofa private storm sewer inlet, as set forth in Exhibit "A" (the "Encroaching Structure").
D.By execution of this Agreement, the City grants its limited consent for the Owner to
encroach om or over a portion of the Easemernt Area strictly subject to the following
conditions:
004 79769/ss2
JNCR2 I 08-0002 rll/f r2
(I)The Encroaching Structure may be located only as depicted on the
attached Exhibit "A," and that no further encroachment or improvements
of any kind irn the Easement Area shall be allowed;
(2)The existernce of the Encroaching Structure shall be subject to any and
all relevant requirements of the Rournd Rock Code of Ordinances,
irncludirng but mot 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 Owrner, arnd 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 mot be cornstrued as
establishing any precedernt whatsoever;
(6)The parties expressly agree that the City and other public utilities have
full authority in an emergency to remove the Encroachirng Structure, and
Note to File - Recorded twice
2021136670 Page 2 of 13
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;
(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
2621136676 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 conditions of this Agreement.
OWNER
UI 7z=INC.
By:
\j
®ate Signed: 1
I"TY
CITY I ,TEXAS
Y -
Laurie Hadley, 'ity Manager
®ate Signed: ell /11--�
[Acknowledgements on following page.]
3
2621136676 Page 4 of 13
ACKNOWLEDGMENT
THE STATE OF
COUNTY OF {{�
PID
T is instru ent was acknowledged before this day of 2021,
by _ 1 (Namas __(—_ � (Title) of QUICK
C., a Texas co oration, whose name is subscribed to the
preceding instrument, and acknowledged to me that he executed it for the purposes and
consideration expressed in it.
9 a
® iD aY123633728 Notary Public in and for the State of
luly Comi�sl®1s
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this day of Lx1'112021,
by Laurie Hadley, Round Rock City Manager, in the capacity and forte purposes and
consideration therein indicated.
i1►111111fiiNl/® " 4
tpRY PO, •;s ''' Notary Public in for the State ofTexa.
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2621136676 Page 5 of 13
E 1 IT"A" Variable idt ase ent
Quick Tract
JOB NO. 7051-0
LFOALDESCRIPTION
FIELDIVE VARIABLE WIDTH TRACTSLAND, TOTAL OF
153 SQUARE FEET IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY,TEXAS,
IN THE GEORGE W. GLASSCOCK SURVEY,ABSTRACT 7;BEING OUT OF LOT 1,
BLOCK ", QUICK TRACT,SECTION I AS RECORDED IN DOCUMENT NUMBER
2020129833 OF THE OFFICIALI CORDS OF WILLIAMSON COUNTY,TEXAS
AS CONVEYED UNTO QUICKRANCH
2019106436 F THE OFFICIALLWILLIAMSON COUNTY,TEXAS;
SAID TRACTS BEING MORE PARTICULARLYIBOUNDS
AS EASEMENT TRACTS 5-9 AS FOLLOWS:
EASEMENT TRACT o
COMMENCING AT A POINT OF REFERENCE,a 1/2-inch iron rod with a cap stamped
INC" found at the southwest comer of said Lot 1,and a re-entrant comer oft the west
remaining o ion of a called 86.645 acre tract of land as conveyed unto Alice E. Quick, LLC in
Document Number 2019088826 of the Official Public Records of Williamson County,Texas,
from whicha I i' -inch iron rod with a cap stamped "found at the northwest comer o
Lot 1 bears N 2 1'25'53" W,a distance of 357.6 feet;THENCE, N 20*36'19" , over and across
Lot 1, a distance of 477.20feet to a calculated point on the northerly line of an existing Water
Line Easement as conveyed unto the City of RoundRock,Texas, in Document Number
2021105884 of the Official Public Records of Williamson County,Texas,forte most westerly
comer and POINT OF BEGINNING of the hereincribs tract;
THENCE,continuing over and across Lot 1, coincident with said northerly line, the following
three O courses:
I) N 89'10'3 " E,a distance of 1.4 7 feet to a calculated point for an angle point o
the herein described tract;
44'1019"E, a distance of 8.93 feet to a calculated point for an angle point o
the herein described tract;
00'49'2 1" W, a distance of 1.46 feet to a calculated point for the most northerly
comer oft the herein describe tract;
THENCE, e artin said northerly line, continuing over and across Lot 1, and said existing
easement the following three ( ) courses:
Page I of 8
GG:'.TXCPRO]F.CTSlM]LESTON 77-00_QUICK TRACT SURVE FINALSA M6`EASEMENTS`ES TS WEST OF
ROMFNC OACHMFNT EASEMENTS 7051-02 VW ENCIF-FN-COMBINED.® X
2021136670 Page 6 of 13
1) S 45154'30" E, a distance of 3.53 feet to a calculated point for the most easterly
comer of the herein described tract;
2) S 44'05'30" W, a distance of 11.00 feet to a calculated point for the most
southerly comer of the herein described tract;
3) N 45'54'30" W, a distance of 3.56 feet to the POINT OF BEGINNING and
containing 29 square feet of land, more or less.
EASEMENT TRACT 6:
COMMENCING AT A POINT OF REFERENCE, a 1/2-inch iron rod with a cap stamped
"BGE INC"found at the southwest comer of said Lot 1, and a re-entrant comer of the west
remaining portion of a called 86.645 acre tract of land as conveyed unto Alice E. Quick, LLC in
Document Number 2019088826 of the Official Public Records of Williamson County, Texas,
ftorn which a 11 ®inch iron rod with a cap stamped "BGE INC" found at the northwest comer of
Lot I bears N 2 1*25'53" W,a distance of 357. 6 t;THENCE,N 26*5 1'09" E, over and across
Lot 1, a distance of 641.87 feet to a calculated point on the northerly line of an existing Water
Line Easement as conveyed unto the City of Round Rock,Texas, in Document Number
2021105884 of the Official Public Records of Williamson County,Texas,for the most westerly
comer and POINT OF BEGINNING of the herein described tract;
THENCE, continuing over and across Lot 1, coincident with said northerly line,the following
three(3)courses:
1) N 89110'39" E, a distance of 1.46 feet to a calculated point for an angle point of the
herein described tract;
2) N ®10°3 " E, a distance of 8.93 feet to a calculated point for an angle point of the
herein described tract;
3) N 0014921" W, a distance of 1.46 feet to a calculated point for the most northerly Comer
of the herein described tract;
THENCE,departing said northerly line, continuing over and across Lot 1, and said existing
easement the following three (3)courses:
1) S 5®49'21®° E, a distance of 3.54 feet to a calculated point for the most easterly comer of
the herein described tract;
Page 2 of 8
GG:
`TX OPROJECTS%MILESTONEt4773-00 QUICK TRACT SURVEY%(M FFNALSkMMEASEMENTS.FS TS WEST OF
ROWXENCROACHMENT EASEMENTS 705102 VW ENCRE-FN-COMBINED.DOCX
2021136670 Page 7 of 13
2) S 44*1019" W, a distance of 11.00 feet to a calculated point forte most southerly comer
of the herein described tract;
3) N
9'21'® W, a distance of 3.54 feet tote POINT OF BEGINNING and containing
29 square feet of land, more or less.
EASENMNT TRACT 7:
COMMENCING AT A POINT OF REFERENCE, a 112-inch iron rod with a cap stamped
"BGE INC"found at the southwest comer of said Lot 1, and a re-entrant comer oft west
remaining portion of a called 86.645 acre tract of land as conveyed unto Alice E. Quick, LLC in
DocumentNumber 2019088826 of the Official Public Records of Williamson County,Texas,
from which a 1/2-inch iron rod with a cap stamped "BGE INC"found at the northwest comer of
Lot I bears N 21®2 '5 " W, a distance of 357.68 feet;THENCE,N 5522'19" E, over and across
of 1, a distance of 589.3 7 feet to a calculated point in the interior of an existing Water Line
Easement as conveyed unto the it of Round Rork,Texas,in Document Number 2021105884
of the Official Public Records of Willi: son County,Texas, forte most westerly comer and
POINT OF BEGINNING
oft herein described tract;
THENCE, continuing over and across said existing Water Line Easement and said Lot 2,the
following two (2)courses:
1) N 6 ®11' " E, a distance of 11.00 feet to a calculated of for the most northerly comer
of the herein described tract;
2) S 20'48'52" E, a distance of 3.54 feet to a calculated point on the southerly line of said
existing Water Line Easement forte most easterly corner of the herein described tract;
THENCE,coincident with said existing southerly line and continuing over and across of 2,the
following three (3) courses:
1) N 65148'52" W, a distance of 1,46 feet to a calculated point for an angle point of the
herein described tract;
2) S 69'1 V08" W,a distance of 3.93 feet to a calculated point for a re-entrant comer oft e
herein described tract;
3) S
°57'41" E, a distance of 1.50 feet to a calculated point for a comer of the herein
described tract;
THENCE, departing said existing southerly line, over and across said existing easement and Lot
2, the following two (2) courses:
Page 3 of 8
GG:TXaPROJECTSkMILESTONE\6773-00 QUICK TRACT SURVEYW4 FINALSkMffiEASEMENTS'1ESMTS WEST OF
ROWAENCROACHMENT EASEMENTS.7051-02 VW NCR FN COMBINED.DOCX
2021136670 Page 8 of 13
1) S 69'1 108" W,a distance of 6.04 feet to a calculated point for the most southerly comer
of the herein described tract;
2) N 20148'52" W, a distance of 4.00 feet to the POINT OF BEGINNING and containing
37 square feet of land,more or less.
EASEMENT TRACT 8:
COMMENCING AT A POINT OF REFERENCE, a 112-inch iron rod with a cap stamped
"BGE INC" found at the southwest comer of said Lot 1,and a re-entrant comer of the west
remaining portion of a called 86.645 acre tract of land as conveyed unto Alice E. Quick, LLC in
Document Number 2019088826 of the Official Public Records of Williamson County,Texas,
from which a 112-inch iron rod with a cap stamped"BGE INC"found at the northwest comer Of
Lot I bears N 2 1®25'53°° W, a distance of 357.68 feet; THENCE,N 51*53'02" E, over and across
Lot 1,a distance of 848.33 feet to a calculated point on the west line of an existing Water Line
Easement as conveyed unto the City of Round Rock,Texas, in Document Number 2021105884
of the Official Public Records of Williamson County,Texas,for the most westerly comer and
POINT OF BEGINNING of the herein described tract;
THENCE, continuing over and across Lot 1, and said existing Water Line Easement,the
following three (3)courses:
1) N 68'41'58" E, a distance of 3.54 feet to a calculated point for the most northerly corner
of the herein described tract;
2) S 21118'02" E, a distance of 11.00 feet to a calculated point for the most easterly comer
of the herein described tract;
3) S 68141'58"W, a distance of 3.54 feet to a calculated point on the west line of the
existing easement for the most southerly of the herein described tract;
THENCE, continuing over and across Lot 1, coincident with said west line, the following three
(3)courses:
1) N 23'41'58" E, a distance of 1.46 feet to a calculated point for an angle point of the
herein described tract;
2) N 21'18'02" W,a distance of 8.93 feet to a calculated point for an angle point of the
herein described tract;
Page 4 of 8
GCi:'eTXLVROJECTSIMILESTONE\6773-OD QUICK TRACT SIJ RVEM4 FINALS MWEASEMENTS ESMTS WEST OF
ROW\ENCROACHM ENT EASEMENTS'7 51-02 VW ENCRE FN COMBINED,DOCX
2021136670 Page 9 of 13
3) N 66"18'02" W,a distance of 1.46 feet tote POINT OF BEGINNING and containing
29 square feet of land,
EASEMENT TRACT 9:
COMMENCING AT A POINT OF REFERENCE,a 1/2-inch iron rod with a cap stamped
"13GE INC" found at the southwest comer of said Lot 1,and a re-entrant comer oft west
remaining portion of a called 86.645 acre tract of land as conveyed unto Alice E. Quick, LLC in
Document Number 2019088826 of the Official Public Records of Williamson County, Texas,
from which a 112-inch iron rod with a cap stamped"BGE INC" found at the northwest corner of
Lot I bears N 21125'53" W,a distance of 357.68 feet;THENCE,N 60*01'40" E, over and across
Lot 1, a distance of 888.19 feet to a calculated point int interior of an existing Water Line
Easement as conveyed unto the City of Round Rock, Texas, in Document Number 2021105884
of the Official Public Records of Williamson County,Texas, for the most westerly comer and
POINT OF BEGINNING of the herein described tract;
THENCE, continuing over and across Lot 1, and said existing Water Line Easement,the
following two (2) courses:
1) N 68'56'00" E,a distance of 11.00 feet to a calculated point forte most northerly corner
of the herein described tract;
2) S 21*04'00" E,a distance of 3.54 feet to a calculated point on the out line of said
existing easement, forte most easterly corner of the herein described tract;
THENCE,continuing over and across Lot 1, coincident with said south line,the following three
(3)courses:
1) N 66*04'00" W, a distance of 1.46 feet to a calculated point for an angle point of the
herein described tract;
2) S 68'56'00" W,a distance of 8.93 feet to a calculated point for an angle point oft e
herein described tract;
3) S 23'56'00" W, a distance of 1.46 feet to a calculated point for the most southerly comer
of the herein described tract;
THENCE,N 2 10"00" W, departing said south line, continuing over and across of 1, and said
existing easement, a distance of 3.54 feet tote POINT OF BEGINNING and containing 29
square feet of land.
Page 5 of 8
00:'TXLB PROJECTSkMILESTONE'45773-M QUICK TRACT SURVEY%4 FINAI-S%MnTASFMENTStiFSMTS WEST OF
ROWXENCROACHMENT EASEMENTS 7051-02 VW EE-FN COMBINED.DOCX
2021136670 Page 10 of 13
I hereby certify that these notes were prepared from a survey ae on the ground by employees
BGE Inc. and are true and correct to the best of my knowledge.The basis of bearing recited
herein is the Texas State Plane Coordinate System,Central Zone,NAD-83. There is an exhibit
plat with like job number and date.
Of
A.
H
to
...®...®®................ 81212021
Dion P. Albertson RPLSNumber .......................... ate
426304
®'
Inc. '•.°
7330 San Pedro Ave, Suite 202
San Antonio TX 78216
Telephone: 210-581-3600
TBPELS Licensedu e in i Number 194490
Client: Milestone
Date: August 2, 2021
Project Number: 7051-02
Page 6 of
TXC%PR ! 1LEST E',6773• QUICK TRACT SURVEY-%04 ALS's EEASE TS'ES TS WEST OF
ROVAENCROACIIMENTEASEMEf4TS7OSi.D2 VWE RE- N-C® E . ®C
i; LMEND
EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION
C.O.R.R. CITY OF ROUND ROCK
JI-
QDOC. DOCUMENT
D°R.W.C. DEED RECORDS OF
X61% WILLIAMSON COUNTY
Sib No. NUMBER
1.101 ACRE C.O.R.R, W.L.E. r1 rl O.P.R.W.C. OFFICIAL PUBLIC RECORDS
DOC. O. 2021105884 O.P.R.W.C.
OF WILLIAMSON COUNTY
SEE DETAIL 6 PG. PAGE
o P,O,B� POINT OF BEGINNING
(PAGE 8) P.O.R. POINT OF REFERENCE
P.R.W.C. PLAT RECORDS OF
WILLIAMSON COUNTY
Nil - R°O°W- RIGHT-OF-WAY
100
VOLUME
-3 VOL.
SEE DETAIL 5ti L) W.L.E. WATER LINE EASEMENT
(PAGE 8)
CALCULATED POINT
FOUND 1/2" IRON ROD W/
0
CAP STAMPED "BGE INC"
AREA OF W.L.E.
C-
BLOCK "A"
LOT I
rp 0
SEE DETAIL 8
(PAGE 8)
100
41
QUICK RANCH
Cp DEVELOPMENT INC.
.0
99 I I CALLED 26.102 ACRES
L DOC. NO, 2019106436
O.P.R.W.C, SEE DETAIL 7 I I SEE DETA L 9
(PAGE 8) (PACE B)
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55B.19,
COLLEGE PARK DRIVE
N 69*02'19" E 994.23' (100- R.O.W.) DOC. NO. 2020129833 O.P.R.W.C.
P.O.R. ALICE E. QUICK, LLC
REMAINDER OFA SCALE. 1"=100'
QEARINQ BASIS T
CALLED 86.645 ACRES IME,Inc.
NOE:
DOC. NO. 2019088826 PAGE
HORIZONTAL DATUM BASED 7330 San Pedro Ave,, Suite 2029 San Antonio,TX 78216 7
O.P.R.W.C.
UPON TEXAS STATE PLANE am Tel.210-581-3600 @ www.bgeinc.com
COORDINATE SYSTEM, NAD83, TBPELS Licensed Surveying Firm No. 1019"90 OF 8
7- TEXAS CENTRAL ZONE. copyftm 2m
E&SLUEN T--5
LINE TABLE LINE TABLE 29 SQUARE FEET
NUMBER BEARING DISTANCE NUMBER BEARING DISTANCE I
Ll N 89"10'39" E 1.47' L23 N 23'41'58' E 1,46'
L2 N 44*10'39" E 8.93' L24 N 21'15'0W IN 8.93'
P 0 B
N 00'49'21' W 1�46' L25 N 66'18'02" W 1.46-
Li
L3 (0
L4 S 45'54'30' E 3.53' L26 N 68'56'00' E 11-00'
t2 L5 S 44'05'30" W 11.00' L27 S 21'04'00" E 3.54'
pi - EASEMENT DE
L6 N 4554'30" W 3.56' L28 N 66°04'00" IN 1.46' 29 SQUARE FEET TAIL 5
L7 N 89'10'39" E 1.46' L29 S 68'56'00' W 13.93'
L8 N 44'10'39" E 5.93' L30 S 2356'00' W 1.46'
L9 N 00'49'21" w 1.46' L31 N 21-04'00" W 3.54'
L10 S 45'49'21" E 3.54' '�P-0-8.
E L11 S 44'10°39°' W 11-00'
7
L12 N 45°49°21'° W 3.54'
EASEMENT
L13 N 69'11'08" E 11.00° -2 ELVAENJ 7
29 SQUARE FEET 37 SQUARE FEET
,DETAIL 6
a L14 S 20'48'52" E 3.54'
L15 N 65'48'52' W ' 1.4W EA5EMENT, .5
L16 S 69'11°05°° W 3.93' 29 SQi.:ARE FEET
2
N
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2
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P.O.B. RO.B.
L17 S 20'57'41 E 1.50'
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L18 S 69'11'08" W 6.04'
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N 20'48'52" W 4.00' 9 L17 L15
L19 L25
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L20 N 68-41'58" E 3.54'
L21 S 21'18'02" E 11.00®
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SCALE: 1"=10'
EEA 1 G EAIBGE,Inc
7330 San'Pedro Ave., Suite 202, San Antonio, TX 78216 PAGE
rn
H=ZONTAL DATUM BASED
UPON TEXAS STATE PLANE Tel. 210-581-3600 e www.bgeinc.com
COORDINATE SYSTEM, NAD83, TBIPELS Licensed Surveying Firm No 1019U90 OF 0
TEXAS CENTRAL ZONE. capyrw mm I
2021136670 Page 13 of 13
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2021136670
Pages: 13 Fee: $69.00
09/08/2021 11 :55 AM
KCURRIE
1 AST40f
F�
Gti,
Nancy E. Rister, County Clerk
Williamson County,Texas
ELECTRONICALLY RECORDED 2021136442
Williamson County, Texas Total Pages: 13
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between
QUICK RANCH DEVELOPMENT INC., hereinafter "Owner," a Texas corporation, whose
current address is 91 I I Jollyville Road No. t 1 I, Austin, Texas 78759, 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 described as Lot 1, Quick Tract, Section 1, Williamson
County Texas.
B, City is the record holder of Water Line Easement recorded in Document No.
2021105884 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 all purposes, with the Encroaching Structure being in the nature
of a private storm sewer inlet, as set forth in 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;
(6) The parties expressly agree that the City and other public utilities have
full authority in an emergency to remove the Encroaching Structure, and
00479769/ss2
NCR2108-M
X
2021136442 Page 2 of 13
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 Owncr 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;
(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
2021136442 Page 3 of 13
(1 1) 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
QUICK RANCH D VELOPMENT INC.
By:
Date Signed: �L�J I i
CITY
CITY F ROUND ROCK, TEXAS
Laurie Hadley, City Manager
Date Signed: OV/Z!
[Acknowledgements on following page.]
2021136442 Page 4 of 13
ACKNOWLEDGMENT
THE STATE OF g-S
COUNTY OF
"I" is instrurnent was acknowledged before this day of &G%%5� _, 2021
by _ '� Ala (dame), as �t�(_. wm (Title) of QUICK
RANCH DEVELOPMENT 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.
..... ELLEN MAIRRISOM
ID # 128633727
My Commissionwas
i.n+,.. wne 02.2025
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
r
( 0
Notary Public in and for the State of J4 S
ACKNOWLEDGMENT
This instrument was acknowledged before me on thiVk
day of
by Laurie Hadley, Round Rock City Manager, in the capacity and
consideration therein indicated.
t�' ` , 2021,
forte purposes and
i%0%W111111ff1/
O�p41Y p6B!/.�f' '�� Notary Public in for the State of Texa
s
N4hF V.
OF Ift .&
4
2021136442 Page 5 of 13
EXH I S IT "A"
LE& DESCRIPTION
Variable Width Easement
Quick Tract
JOB NO.7051-02
FIELD NOTES FOR FIVE VARIABLE WIDTH TRACTS OF LAND, BEING A TOTAL OF
153 SQUARE FEET IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS,
IN THE GEORGE W. GLASSCOCK SURVEY, ABSTRACT 267; BEING OUT OF LOT 1,
BLOCK "A", QUICK TRACT, SECTION I AS RECORDED IN DOCUMENT NUMBER
2020129933 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS
AS CONVEYED UNTO QUICK RANCH DEVELOPMENT INC. IN DOCUMENT NUMBER
2019106436 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS;
SAID TRACTS BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS EASEMENT TRACTS 5-9 AS FOLLOWS:
EASEMENT TRACT 5:
COMMENCING AT A POINT OF REFERENCE, a 1/2-inch iron rod with a cap stamped
"BGE INC" found at the southwest corner of said Lot 1, and a re-entrant corner of the west
remaining portion of a called 86.645 acre tract of land as conveyed unto Alice E. Quick, LLC in
Document Number2019088826 of the Official Public Records of Williamson County, Texas,
from which a 1 ?2-inch iron rod with a cap stamped "BGE INC' found at the northwest corner of
Lot I bears N 21°25'53" W, a distance of 357.68 feet; THENCE, N 20036' 19" E, over and across
Lot 1, a distance of 477.20 feet to a calculated point on the northerly line of an existing Water
Line Easement as conveyed unto the City of Round Rock, Texas, in Document Number
2021105884 of the Official Public Records of Williamson County, Texas, for the most westerly
comer and POINT OF BEGINNING of the herein described tract;
THENCE, continuing over and across Lot 1, coincident with said northerly line, the following
three (3) courses:
1) N 89°1019" E, a distance of 1.47 feet to a calculated point for an angle point of
the herein described tract;
2) N 44* 1 & 39" E. a distance of 8.93 feet to a calculated point for an angle point of
the herein described tract;
3) N 004921" W, a distance of 1.46 feet to a calculated point for the most northerly
corner of the herein described tract;
THENCE, departing said northerly line, continuing over and across Lot 1, and said existing
casement the following three (3) courses:
Page I of B
13G:'•TXCtPR01F.C:TSIMILESTONB677I-" QUICK TRACT SURVEY104 FINALMNIMEASEMENTS ESMTS WEST OF
ROW�FNCROACHMF.NT EASEMENTS 701.02 VW ENCRF -FN - COMBINED.DOCX
2021136442 Page 6 of 13
1) S 4505410" E, a distance of 3.53 feet to a calculated point for the most easterly
comer of the herein described tract;
2) S 44005,30" W, a distance of 11.00 feet to a calculated point for the most
southerly corner of the herein described tract;
3) N 45°5410" W, a distance of 3.56 feet to the POINT OF BEGINNING and
containing 29 square feet of land, more or less.
EASEMENT TRACT 6:
COMMENCING AT A POINT OF REFERENCE, a 112-inch iron rod with a cap stamped
" RGE INC" found at the southwest comer of said Lot 1, and a re-entrant corner of the west
remaining portion of a called 86.645 acre tract of land as conveyed unto Alice E. Quick, LLC in
Document Number 2019088826 of the Official Public Records of Williamson County, Texas,
from which a 1/2-inch iron rod with a cap stamped "BGE INC" found at the northwest corner of
Lot I bears N 21°25'53" W, a distance of 357.68feet; THENCE, N 26°51'09" E, over and across
Lot I, a distance of 641.87 feet to a calculated point on the northerly line of an existing Water
Line Easement as conveyed unto the City of Round Rock, Texas, in Document Number
2021105884 of the Official Public Records of Williamson County, Texas, for the most westerly
corner and POINT OF BEGINNING of the herein described tract;
THENCE, continuing over and across Lot 1, coincident with said northerly line, the following
three (3) courses:
I ) N 89010139" E, a distance of 1.46 feet to a calculated point for an angle point of the
herein described tract;
2) N 44010'39" E, a distance of 8.93 feet to a calculated point for an angle point of the
herein described tract;
3) N 000'49'21" W, a distance of 1.46 feet to a calculated point for the most northerly corner
of the herein described tract;
THENCE, departing said northerly Iine, continuing over and across Lot I, and said existing
easement the following three (3) courses:
1) S 45'49'21" E, a distance of 3.54 feet to a calculated point for the most easterly comer of
the herein described tract;
Page 2 of 8
GO: TXOPROPECTS.MILESTONE.6773-00 QUICK TRACT SURVEYN1r FINAL-S►MR►EASEMFNTS ESMTS WEST OF
ROWW-WROACHMENT EASEMENTS 7051.02 VW ENCRE -FN-COMBINED.DOCX
2021136442 Page 7 of 13
2) S 4461019" W, a distance of 11.00 feet to a calculated point for the most southerly comer
of the herein described tract;
3) N 45 ' 49'21 " W, a distance of 3.54 feet to the POINT OF BEGINNING and containing
29 square feet of land, more or less.
EASEMENT TRACT 7:
COMMENCING AT A POINT OF REFERENCE, a 1/2-inch iron rod with a cap stamped
"BGE INC" found at the southwest corner of said Lot 1, and a re-entrant corner of the west
remaining portion of a called 86.645 acre tract of land as conveyed unto Alice E. Quick, LLC in
Document Number 2019088826 of the Official Public Records of Williamson County, Texas,
from which a 1/2-inch iron rod with a cap stamped `BGE [NC" found at the northwest corner of
Lot I bears N 21 '25'53" W, a distance of 357.68 feet; THENCE, N 55°22'19" E, over and across
Lot 1, a distance of 589.37 feet to a calculated point in the interior of an existing Water Line
Easement as conveyed unto the City of Round Rock, Texas, in Document Number 2021105884
of the Official Public Records of Williamson County, Texas, for the most westerly corner and
POINT OF BEGINNING of the herein described tract;
THENCE, continuing over and across said existing Water Line Easement and said Lot 2, the
following two (2) courses:
1) N 69° 11'08" E, a distance of 11.00 feet to a calculated point for the most northerly corner
of the herein described tract;
2) S 20°48'52" E, a distance of 3.54 feet to a calculated point on the southerly line of said
existing Water Line Easement for the most easterly corner of the herein described tract;
THENCE, coincident with said existing southerly line and continuing over and across Lot 2, the
following three (3) courses:
1) N 65°48'52" W, a distance of 1.46 feet to a calculated point for an angle point of the
herein described tract;
2) S 69° 11'08" W, a distance of 3.93 feet to a calculated point for a re-entrant comer of the
herein described tract;
3) S 20°5T41" E, a distance of 1.50 feet to a calculated point for a corner of the herein
described tract;
THENCE, departing said existing southerly line, over and across said existing easement and Lot
2, the following two (2) courses:
Page 3 of S
GG: TxC1PROJECTS%M1LESTONE%773•00 QUICK TRACT SURVEYW4 FINAMMMEASEMENTS'ESMTS WEST OF
ROMAENCROACHMENT EASEMENTS,7051 02 VW ENCRF FN COM9INED.DOCX
2021136442 Page 8 of 13
1) S 69111'08" W, a distance of 6.04 feet to a calculated point for the most southerly comer
of the herein described tract;
2) N 20°48'52" W, a distance of 4.00 feet to the POINT OF BEGINNING and containing
37 square feet of land, more or less.
EASEMENT TRACT 8:
COMMENCING AT A POINT OF REFERENCE, a 1/2-inch iron rod with a cap stamped
"BGE INC" found at the southwest corner of said Lot 1, and a re-entrant corner of the west
remaining portion of a called 86.645 acre tract of land as conveyed unto Alice E. Quick, LLC in
Document Number 2019088826 of the Official Public Records of Williamson County, Texas,
from which a 1/2-inch iron rod with a cap stamped `BGE INC" found at the northwest corner of
Lot 1 bears N 21 °25'53" W, a distance of 357.68 feet; THENCE, N 51053'02" E, over and across
Lot 1, a distance of 848.33 feet to a calculated point on the west line of an existing Water Line
Easement as conveyed unto the City of Round Rodc, Texas, in Document Number 2021105884
of the Official Public Records of Williamson County, Texas, for the most westerly comer and
POINT OF BEGINNING of the herein described tract;
THENCE, continuing over and across Lot 1, and said existing Water Line Easement, the
following three (3) courses.
l) N 68°41'58" E, a distance of 3.54 feet to a calculated point for the most northerly corner
of the herein described tract;
2) S 21 ° 18'02" E, a distance of 11.00 feet to a calculated point for the most easterly comer
of the herein described tract;
3) S 68°41'58" W, a distance of 3.54 feet to a calculated point on the west line of the
existing easement for the most southerly of the herein described tract;
THENCE, continuing over and across Lot 1, coincident with said west line, the following three
(3) courses:
1) N 23141'58" E, a distance of 1.46 feet to a calculated point for an angle point of the
herein described tract;
2) N 21 ° 18'02" W, a distance of 8.93 feet to a calculated point for an angle point of the
herein described tract;
Page 4 of 8
GCi:'.TXCiPROJECTSVAILESTONE16773-OD QUICK TRACT SURVEYIM FINALS MMEASEMENTS ESMTS WESTOF
ROMENCROACHMF.NT F.ASEMENTS'7051-02 VW ENCRE F'N COMBINED DOCX
2021136442 page 8 of 13
3) N 66°18'02" W, a distance of 1.46 feet to the POINT OF BEGINNING and containing
29 square feet of land.
EASEMENT TRACT 9:
COMMENCING AT A POINT OF REFERENCE, a 1/2-inch iron rod with a cap stamped
"BGE INC" found at the southwest comer of said Lot 1, and a re-entrant corner of the west
remaining portion of called 86.645 acre tract of land as conveyed unto Alice E. Quick, LLC in
Document Number 2019088826 of the Official Public Records of Williamson County, Texas,
from which a 1/24nch iron rod with a cap stamped "BOE INC" found at the northwest comer of
Lot 1 bears N 21 °25'53" W, a distance of 357.68 feet; THENCE, N 60"01'40" E, over and across
Lot 1, a distance of 888.19 feet to a calculated point in the interior of an existing Water Line
Easement as conveyed unto the City of Round Rock, Texas, in Document Number 2021105884
of the Official Public Records of Williamson County, Texas, for the most westerly corner and
POINT OF BEGINNING of the herein described tract;
THENCE, continuing over and across Lot 1, and said existing Water Line Easement, the
following two (2) courses:
1) N 68°56'00" E, a distance of 11.00 feet to a calculated point for the most northerly corner
of the herein described tract;
2) S 21 °04'00" E, a distance of 3.54 feet to a calculated point on the south line of said
existing easement, for the most easterly corner of the herein described tract;
THENCE, continuing over and across Lot I, coincident with said south line, the following three
(3) courses:
1) N 66°04'00" W, a distance of 1.46 feet to a calculated point for an angle point of the
herein described tract;
2) S 68°56'00" W, a distance of 8.93 feet to a calculated point for an angle point of the
herein described tract;
3) S 23°56'00" W, a distance of 1.46 feet to a calculated point for the most southerly comer
of the herein described tract;
THENCE, N 21 °04'00" W, departing said south line, continuing over and across Lot 1, and said
existing easement, a distance of 3.54 feet to the POINT OF BEGINNING and containing 29
square feet of land.
Page 5 of 8
MIXOPROJ CTS1MUSTONW73-M QUICK TRACT SURVEYW4 FINAIMMMEASF.MENMESMTS WEST OF
ROMENCROACHMENT EASEMENTS 70SI-02 VW ENCRE -IN COMAINED.QOCX
2021136442
Page 10 of 13
I hereby certify that these notes were prepared from a survey mane on the ground by employees
BGE Inc. and are true and correct to the best of my knowledge. The basis of bearing recited
herein is the Texas State Plane Coordinate System, Central Zone, NAD-83. There is an exhibit
plat with like job number and date.
— ILA.
....% ..............?•...
QpN P. A1.BRIgON
Dion P. Albertson RPLS Number 4963 """""4W
! �"� 4063 si:' Oc
BGE, Inc.
'4�y••.!�s*+:�a
7330 San Pedro Ave, Suite 202 SUitv�'
San Antonio TX 78216
Telephone: 210-581-3600
TBPELS Licensed Surveying Firm Number 10194490
Client:
Date:
Project Number:
Milestone
August 2, 2021
7051-02
Page 6 of It
8/2/2021 T
Date
GG: TxC%PROJECTSIMILESTONLb773.00 QUICK TRACT SURVEYW4 FINALSNERFASEMENTS ESMTS WEST OF
ROWIENCROACIIMENT EASEMENTS 7051.02 VW ENCRE •FN - COMBINED.DOCX
2021136442 Page 11 of 13
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2021136442 Page 13 of 13
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2021136442
Pages: 13 Fee: $65.00
09/08/2021 09: 23 AM
KCURRIE
Nancy E Rister, County Clerk
Williamson County,Texas
ROU ROCK
TEXA5
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing an Encroachment Agreement with Quick Ranch
Developmentlnc. for the encroachment into a portion of the City's Water Line
Easement recorded in Document No. 2021105884 of the Official Public Records
of Wlllimason County, Texas.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 9/3/2021
Dept Director: Brad Wiseman, Director of Planning and Development Services
Cost: $0.00
Indexes:
Attachments: ENCR2108-0002 55&DRG Quick Tract West - 210824 Executed doc
Department: Planning & Development Services
Text of Legislative File CM-2021-231
This agreement allows for private storm sewer inlets to be located in a City water 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