CM-2022-066 - 3/25/2022ELECTRONICALLYRECORDED 2022038210
Williamson County, Texas Total Pages: 7
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
ENCROACHMENT AGREEMENT
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between
ROUND ROCK INDEPENDENT SCHOOL DISTRICT, hereinafter "Owner," whose current
address is 1311 Round Rock Avenue, Round Rock, Texas 78681, 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 Lots 1, Block A, Round Rock I.S.D.
Middle School, Williamson County Texas (the "Property").
B. City is the record holder of a certain Water Line Easement within the Property,
recorded as Document No. 2021166257 of the Official Public Records of Williamson
County, Texas (the "Easement Area").
C. The Owner has requested that the City allow encroachments (the "Encroaching
Structure") on or over a portion of the Easement Area, described as landscape trees
and a chain link fence, as shown in Exhibit "A," attached hereto and incorporated
herein for all purposes.
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;
ENCR2103-0001
4860-7286-6.113
P2022038210 Page 2 of 7
(4) Removal of the Encroaching Structure, or a portion thereof, shall cause
the immediate termination of this Agreement;
(S) 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 pan 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.
2
2022038210 Page 3 of 7
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
(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.
[Signatures on the following page.]
20220313210 Page 4 of 7
OWNER
ROUND ROCK INDEPENDENT SCHOOL
DISTRICT
0
Title: Ofca Tfr-51��+�
Date Signed: _..� - j d
CITY
CITY OF ROUND ROCK, TEXAS
By: .
City Manager
�t Zallt � �f r
Date Signed: d
[Acknowledgements on following page.]
4
2022038210 Page 5 of T
w
ACKNOWLEDGMENT
THE STATE OF
COUNTY OF
This instrument was acknowledged before n e on this�� day of Fd3 _ , 2022,
by _ �.l�P.�( (Name), as _L.uG,rrl Qlf�.�id (Title of ROUND
ROCK INDEPENDENT SCHOOL DISTRICT, whose name is subscribed to the preceding
instrument, and acknowledged to me that he executed it for the purposes and consideration
expressed in it.
�.�" •�¢ PATTY AGUILERA
Rotary 10 # t 32093045
My Commission Expires
July 19. 2023
No4PubliLn a for the State of
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this ! 4„ aiay of(,��_, 2022,
rnsideration
, Round Rock City Manager, in the capacity and for the purposes and
therein indicated. )5+
,0• ,b of UE Apq�s..
cr Q�
• QfOFI
F� �2625� �`
'i,,. iF 3.22 -,.-N\`
Notary Public in d for the State of Tads
f 2022038210 Page 6 of 7
e {
--. Z-.111111111-
o+wHrc ecn�E
• . . CORR WATERLINE Ens M"T
® mlRw
DW S M M267 I Mce • 180 A.
rpr '� � 61��II'9fEQ
i ; sr •
C WA JiE 1ARFA0FEN=MXVENT
II I I I
I I
` 1� � 36281111, I I I ttlsoc r i T
151M1ERlNE EASEEIBif I
WIN 2021 10267
pkp (
�E : I
II
O AREA OFENCROACHW11f I
II
"ME + I
I� I
C"AWIW FENCE I I
EXHIBIT "A"
41nrg01011=101 aawo MMOIWW OW MOO 2ROM tSOMFW Wtf*M e'k1 )rWfvf hPMAP rWo OW&116"m 70
RECORDERS MEMORANDUM
All or parts of the text on this page was not
Fig
2022038210 Page 7 of 7
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2022038210
Pages:7 Fee: $54.00
03/28/2022 01:32 PM
PKINNE
o}
Nancy E. Rister, County Cleric
Williamson County,Texas
No Text
ROUND ROCK
TEXAS
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing an Encroachment Agreement with RRISD for the Hernandez
Middle School Gym Addition Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 3/18/2022
Dept Director: Brad Wiseman, Director of Planning and Development Services
Cost: $0.00
Indexes:
Attachments: ENCR2103-0001 RRISD Hernandez MS Gym Addittion - 220304 Executed Doc
Department: Planning & Development Services
Text of Legislative File CM-2022-066
This is an agreement that allows for existing trees and chain link fencing in a City water easement. The City
waterline already existed but did not have an associated easement granting the City rights to access and
maintain. Due to the existing nature of all infrastructure, the easement was provided by RRISD with the
acceptance by the City of existing encroachments. This document establishes responsibility for any
maintenance and repair of trees and fencing to be that of the property owner, not the City.
City of Round Rock Page 1 of 1
No Text