CM-2022-037 - 2/25/2022ELECTRONICALLY RECORDED 2022026879
Williamson County, Texas Total Pages: 6
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between
WELKOM, LLC, hereinafter "Owner," a Texas limited liability company, whose current address
is 6615 Yaupon Drive, 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 located at Lot 1, Block A, The Preserve at Dyer Creek -
Phase One, a subdivision in Williamson County, Texas (the "Property").
B. City is the record holder of a Wastewater Easement recorded in Document No.
2021171506 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, with the Encroaching Structure, being in the nature of a 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 joUowing
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;
4880-2549-1982/ss2
ENCR2112-0001
2022026879 Page 2 of 6
(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
2
2022026879 Page 3 of 6
(11) The City reserves the option to rescind this Agreement at anytime, with
or without cause, by giving Ovmer ten (10) days written notice of its
exercise of said option.
By execution below by the Owner and the respective appropnatc authorities of the City
of Round hock, Texas, the signatories bind the entities to obey al: conditions of this Agreement,
OWNER
WELKOM, LLC
By:
Dale Signed:
CITY
CI ROUND ROCK, TEXAS
By:
2 ,City Manager
j'1Wj�r► rl w D a 4.
✓ Date Signed. �f
[Acknowledgements on following page.]
2022026879 Page 4 of 6
ACKNOWLEDGMENT
THE STATE OF�1�caS__
COUNTY Ol"
This in
meat was acknowledged before me on this day of F�1oy�rn�.( , 2022,
by �Y s�h�yvk (Name), as OLa(Title) of
WELKOM, 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 in and fair the State u C9kAS
� ` :• RE1T LEE
My No" ID # 133093303
ACKNOWLEDGMENT �' ' `` May 11, 2U6
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this ?day of ►' J 2022,
b cy, Round Rock Fity Manger, in the capacity and far the purposes and
on�s`id'erratjion therein indicated.
tXl W u Ir QU
at11 E A,
�.�`�� • •ARY P 9 s' '�� Notary Public ' for the State of Texas
_
i '• rOF i� ,y '
�262519; •' ��
''/�11 Tltts I-221tiN1
2022026879 Page 5 of 6
Exhibit "A" - Forest Creek Retail
Center 2451 Forest Creek Drive
�;�*04,4
+i*fi4i_§t r
3*50
r I L SOM SLAVE 0.4L (C63111IO)
VEWY PRIOR TO 0900004 CONsUllU10N
A _
4r wW,MaL F'1lOPO�ED . - -. • • - -. �
t 1) r Wf& mama Fi=71ZD7
2) 6' WWL PROPOSED FL-71L17
3) r WWIL PROPOSED M71117
J 4) WMMH RW 716.D
5I REMOVE E1q m, cm a PROIWE WWJMK (PROPOSED)
I) PROYIOE Ir DIA STEEL EMCASI%W4T. LDXITH 16.40r. UNDER CMU W4U-
AS PER D71- WT-16, BETTER SHEET +14. I
r Will. SOR2s WIFE 0.4X (E14sTINa) -
CEANDUf'-4*M38 DO - WW-IN-O
1vWY PRIOR TO BE4IFOWIIO OOMS31pJCT10N
�__ WASTEWATER EJ�SEMEINT
STATON 3+67.6I
WATER LINE C'
1) INSTALL 1-6' 45 BEAD
THE wASTEWAIM EA4FltENT
G 0.
TRW EASEMENT
Ir wMIL SDA2e +..
• SAM 1R r
� i
'Y-..L
i ��� i n' -0" DRIVEWAY STUB OUT
W WATER LINE 'C' D.L ^+III
BLVD.
FORJft
.. .. `/'" "•-�' _
,.�,,,�
FOR Pt nLE REM SHEET 122 i
'NNEY ,
-
1.47
STATION 3+43. 43
:R LINE 'B'
WATER LINE 'C'�
ti--
- r
-rxrxr im
1) INSTALL 1-W 45 BEND
I
-�
1
t
�•+
•-a' C.Y.
7.02 WATER LINE 'C'
.` ..
I r •
_
t ^T
_
_ _
- j
STATION 4+00.30
1) INSTALL BLOW -OFT VALVE
DEAD END LINE. AS PER CORK DIL 1WT
'
REFER SWEET 04
'-f � ;'..{.
•. .
�-•+�«.��_-_
2) INSTALL I -I' SnTe
:. , „%tip. +
"•i
••.• ^'�
ORATENo-A-
END OiWATER LINE c
'�'-"'���-_.-"
`�-'i`u!tt',
METAL
09.8030.F0, BY ADT, INC OR EQUAL•--�-
_..... _ _.._��-... .-
-
4FOR DETAIL REFER SHEET 15 --
✓ _
34.0 Lr• 0100-0.42ets. Oc-3.514fs
Kenney Fort Blvd.
{
RECORDERS MEMORANDUM
All or parts of the text on this page was net
clearly legib-e fo- satisfactory recordal on
2022026879 Page 6 of 6
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
,mot{ V
2022026879
Pages: 6 Fee: $50 00
03/02/2022 12:17 PM
MBARRICK
Nancy E. Rister, County Clerk
Williamson County,Texas
City of Round Rock
JTEXA5
UND
ROCK
Agenda Item Summary
Agenda Number:
Title: Consider executing an Encroachment Agreement with Welkom, LLC for
encroachment into a portion of a Wastewater Easement recorded in Document
No. 2021171506 of the Official Public Record of Williamson County, Texas.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 2/25/2022
Dept Director: Brad Wiseman, Director of Planning and Development Services
Cost: $0.00
Indexes:
Attachments: ENCR2112-0001 WW Forest Creek Retail 220211 Legal Doc prep
Department: Planning & Development Services
Text of Legislative File CM-2022-037
This is an agreement that allows for placement of a perimeter wall structure in a City wastewater
easement. 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 is agreeable to the
encroachment.
Cityof Round Rack Page I of I