CM-2021-242 - 9/24/2021ELECTRONICALLY RECORDED 2021143984
Williamson County, Texas Total Pages: 14
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between TR[
AVFRY CENTRE LLC, hereinafter "Owner," a Texas Iirnited liability company. whose current
address is 8235 Douglas Avenue, Suite #950. Dallas, Texas 75225, 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 follovvs:
A. Owner is the owner of property described as Lots 1, 2.3, 4 & 5, Block A. Avery Centre
South, Williamson County Fexas (the "Property").
B. City is the record holder of certain easements within the Property (collectively the
`Easement Area"), as described as follows:.
(1) A Storm Sewer and Drainage Easement recorded in Document No.
2019103765 of the Official Public Records of Williamson County.
Texas; and
(2) A Water Line Easement recorded in Document No. 2019098349 of the
Official Public Records of Williamson County, Texas,
C. The Owner has requested that the City allow encroachments (collectively the
"Encroaching Structure") on or over a portion of the [Easement Area, as described as
follows:
( 1) A 6" fire supply and 2" domestic line as shown in Exhibit "i" attached
hereto and incorporated herein by reference for all purposes:
(2) A fence and a roof drain as shown in Exhibit "2," attached hereto and
incorporated herein by reference f-or all purposes;
{3) A private drain and collector as shown in Exhibit `'3," attached hereto
and incorporated herein by reference for all purposes;
(4) A fence and headwall and area drain as shown in Fxhibit `'4 & 5,"
attached hereto and incorporated herein by reference for all purposes,
(5) A retaining wall as shown in Exhibit ' 6 & 7," attached hereto and
incorporated herein by reference for all purposes,
(b) A retaining wall as shown in Exhibit ,8," attached hereto and
incorporated herein by reference for all purposes; and
(7) A retaining wall and a private storm drain as shown in Exhibit "9,"
attached hereto and incorporated herein by reference for all purposes.
004814361,;Q
F CR2 108-0003
2021143984 Page 2 of 14
D. By execution of this Agreement, the City grants its limiter) consent for the Owner to
encroach on or over a portion of the Hasemenl Area strictly subject to the,i►Ilowing
conditions:
( i ) The Encroaching Structure may be located only as depicted on the
attached Exhibits "1-9," 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, maintenancc, repair and removal of the Encroachinb Structure shall
be solely at the risk and liability of the Owner, and not at the risk and
liability of the C ity 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 Iirnited to this particular request, and shall not be construed as
establishing any precedent whatsoever;
(6) "f`he 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 .tithout 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 rernoval shall be completed by the Owner within thirty (30) days of
actual notice to the Owner ofthe 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:
2021143984 Page 3 of 14
(9) The Owner shall indemnity and hold the City harmless from any and all
loss, damage, penalty, liability, cast and expense, including without
limitation reasonable attornev'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 [honer 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 ofthe existence of this Agreement and provide a copy
of same: and
(1 1) The City reserves the option to rescind this Agreement at any time, with
or without cause, by giving Uwner 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.
[Signatures on the following page.]
t
2021143984 Page 4 of 14
OWNER
TRG AVERY CENTRE LLC
By:
Date Signed: l l
CITY
CITY RC]RUCK TEXAS
Y
Laurie Hadley, C' y anaer
Date Signed: j uZI- 2-
[Acknow0edgements on following pa -re.]
M
2021143984 Page 5 of 14
ACKNOWLEDGMENT
THE STATE OF
COUNTY OF A6ti �J;a
This instrument was acknowledged before me on this 15day of �20- 1,
r — by A,, (Name), as VP (Title) of TRG
AVERY CENTRE 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.
Notary Public eCii in and for the State of �q
ftwo My ComShm w1imoby
n*sW EVres
ID No. 133D47M
ACKNOWLEDGMENT
THE STATE 01' TEXAS
COUNTY OF WILLIAMSON
S
This instrument was acknowledged bet -ore me on this 21 day of 2021,
by Laurie Hadley, Round Rock City Manager, in the capacity and for Oe purposes
and
consideration therein indicated.
\CHEL4
*Notary Publig and forth State of Texas
P
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Q3 ;K
eo?
7240
09-09
2021143984 Page 6 of 14
RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation
1-�
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47'-
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N. A.W- GRIMES BLVD / F-W
2021143984 Page 7 of 14
Exhibit #1
Aura Avery Centre
EncTuachment
CoRR Storm Drilln
Easement D*cN
#2019103765 N
En,
-0
2021143984 Page 8 of 14
Exhibit #2
Aura Avery Centre
Encroachment
RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation
2021143984 Page 9 of 14
CoRR
1 s' 5to rm Drain
RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation
2021143984 Page 10 of 14
Exhibit #4 &S
Aura Avery Centre
Encroachment
Headwall g Area Drain
Encroachment
CaRR 15' W'IN
Easement Doc
2019103765
RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation
2021143984 Page 11 of 14
Exhibit #6 &7
Aura Avery Centre
Encroachment
hment
Retaining Wall
CoRR Water Easement 82019103765
RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation
2021143984 Page 12 of 14
�gncroachme , nt
Fketaining Wll
Exhibit #8
Aura Avery Center
Encroachment
i
RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation
2021143984 Page 13 of 14
Exhibit ##9
Aura Avery Centre
Encroachment
Encroachment
,(Private Stortn
RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation
2021143984 Page 14 of 14
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2021143984
Pages: 14 Fee: $101.00
09/21 /2021 02.50 PM
OSALINAS
1 AST40f
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Nancy E. Rister, County Clerk
Williamson County,Texas