CM-2022-097 - 4/15/2022ELECTRONICALLY RECORDED 2022049205
Williamson County, Texas Total Pages; 6
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter --Agreement.'* is made and entered into between
GREEN ADOBE DEVELOPERS LLC, hereinafter' -Owner," a Texas limited liability company,
whose current address is 27511 Gardenview Point Court, Katy, Texas 77494, 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 Ovs ner agree as follows:
A. Owner is the owner of property located at Lots I, 2 & 3, Block A, Townhomes at
Gattis, Williamson County, Texas (the "Property").
B. City is the record holder of a iO-foot Public Utility Easement recorded in Cabinet CC,
Slide 237, 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 dry stack
wall and perimeter fencing, 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 following
conrlitiuns:
(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;
4X84-5361 -)723.,%2
1 NCR2112-M10i
t4ly- 202:1-exy7
2022049205 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 express]) 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 attorne)'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,
penalt), 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
Cil} 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 Ovmer 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,
%khether 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, assiVm, 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
2022049205 Page 3 of 6
(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
GREEN ADOBE EVELOPERS LLC
By: '
Date Signed: 0312-12012—
CITY
CITY OF ROUND ROCK, TEXAS
By
Laurie Hadley, City Manag
Date Signed: �9' 2 2—
[Acknowledgements on following paste.)
2022049206 Page 4 of 6
ACKNOWLEDGMENT
THE STATE OF �a'N5
COUNTYOF WILL16MSON
This instrument was acknowledged before me on this -251t4- day of 19R01 .2021
byVAt H UlDNPARA, ALIAS PAML. (Name), as DWNEi'2 (Title) of GREEN
ADOBE DEVELOPERS LLC. a Texas limited liability company, whose name is subscribed to
the preceding instrument. and ackno%%ledged to me that he executed it for the purposes and
consideration expressed in it.
vi'' , PROM WISHILUA t SONAM!
Notary Pubft, State of Ume
Comm. F.xplaa 11.29-2025
Notary 10 1334$6025 � - # I ----
Notary Public in and for the State of T-exi4g
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument "as acknowledged before me on this i day of (..�� L� i` 2022.
by Laurie Hadley. Round Rock City Manager. in the capacity and for the purposes and
consideration therein indicated.
I._
�Nowytp$t Igo �otary Public in Y'� For the State of Texas
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Civil & Environmental Consultants, Inc. 2Uw GATTIS SCHOOL ROAD
3711 South MoPec Expreeeway - Bulldtng 1. Sidle 550 • AusM Tx 78746 ROUND ROCK, WI LLIAMSON COUNTY, TX
Ph: 612.439.0400•Fax: 512329.00N Tons Regb wu PUE ENCROACHMENT
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2022049205 Page 6 of 6
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2022049205
Pages:6 Fee $50.00
04/20/2022 1235 PM
MBARRICK
Nancy E. Rister, County Clerk
Williamson County,Texas
ROUND ROCK
TEXAS
City of Round Rock
Agenda item Summary
Agenda Number:
Title: Consider executing an Encroachment Agreement with Green Adobe Developers,
LLC for encroachment into a portion of a Public Utility Easement recorded in
Cabinet CC, Slide 237, Official Public Records of Williamson County, Texas.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 4/15/2022
Dept Director: Brad Wiseman, Director of Planning and Development Services
Cost: $0.00
Indexes:
Attachments: ENCR2202-0001 Townhomes @ Gattis - PUE Executed
Department: Planning & Development Services
Text of Legislative File CM-2022-097
This agreement allows for the placement of a dry -stack wall and fencing in an existing 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