CM-2021-263 - 10/15/2021ELECTRONICALLY RECORDED 2021159229
Williamson County, Texas Total Pages: 7
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between
ROUND ROCK CHAPEL INC., hereinafter "Owner," a Texas corporation, whose current
address is 400 Sunset Drive, Round Rock, Texas 78664, 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 79664, 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 400 Sunset Drive, Round Rock, Texas,
described as being 1.392 acres, described as Round Rock Chapel, Lot 1, Williamson
County Texas.
B. City is the record holder of a 10' Public Utility Easement recorded in Document No_
9856594 of the Official Public Records of Williamson County, Texas (the "Easement
Area") as set forth in Exhibit "A," attached hereto and incorporated herein by reference
for all purposes.
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 a pond, as
set forth in Exhibit "B," attached hereto and 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 Easement 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 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;
004755001s92
CR2104.0/0j01 �Q
2021159229 Page 2 of T
(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,
(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
FA
2021159229 Page 3 of 7
(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
ROUND ROCK CHAPEL INC.
By: ✓
Date Signed , ! 7 - ;Z o;>,
CITY
CITY ROUND ROCK, TEXAS
By: 1 � �` t �c - A'dco
Laurie Hadley, City Manager
Date Signed:
[Acknowledgements on following page.]
2021159220 Page 4 of 7
ACKNOWLEDGMENT
_T THE STATE OF
COUNTY OF
This instrument was acknowledged before me on this_ --day of 2021,
by 30Ui1401- LQ- aZ�hv+/ (Name), as ) itle) of ROUND
ROCK CHAPEL 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.
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V1tt ID 0126/19357
E*=Ap012, 2025
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
Notary Public in and for the State of
ACIWOWLEDGMENT
This instrument was acknowledged before me on this ` A "day of 11 2021,
by Laurie Hadley, Round Rock City Manager, in the capacity and for the purposes and
consideration therein indicated
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RECORDERS MEMORANDUM
AI or parts of the text on this page was not
clearly legible for satisfactory recordation
2021159229 Page 7 of 7
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2021159229
Pages:7 Fee $54.00
10/19i2021 09 56 AM
PKINNE
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Nancy E. Rister, County Clerk
Williamson County,Texas
JROU
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City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing an Encroachment Agreement with Round Rock Chapel Inc. for
encroachment into a portion of a Public Utility Easement recorded in Document
No. 9856594 of the Official Public Records of Williamson County, Texas,
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 10/15/2021
Dept Director: Brad Wiseman, Director of Planning and Development Services
Cost: $0.00
Indexes:
Attachments: ENCR2104-0001 Oasisi Church - 210929 Executed Doc
Department: Planning & Development Services
Text of Legislative File CM-2021-263
This agreement allows for the placement of a portion of a detention/water quality pond in a public utility
easement (PUE) which is currently vacant. This document also 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 1 of 1