CM-2022-098 - 4/15/2022ELECTRONICALLY RECORDED 2022049194
Williamson County, Texas Total Pages: 9
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hercinafter -'Agreement," is made avid entered into between
GREEN ADORE 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 O« tier 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 Storm Sewer and Drainage Easement recorded in
Document No. 2020025805 of the Official Public Records of Williamson County,
Texas (the -'Easement Area").
C. The Owner has requested that the City allow a 1.794 square foot encroachment on or
over a portion of the Easement Area, with the Encroaching Structure, being in the
nature of a private stonn sewer line and headwall, 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 suhjea to die fi llowing
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 �,%hatsoever;
(4) Removal of the Encroaching Structure. or a portion thereof. shall cause
the inimediate 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;
4899-2239-7719 ;%2
NNICR2112d1002
2022049194 Page 2 of 9
(6) The parties expressly agree that the Cit) 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 attomey'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 cop)
of same; and
7
2022049194 Page 3 of 9
(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 DEVELOPERS LLC
By: , .
Date Sighed: 03Z�q- 20z2,
CITY
CITY OF ROUND ROCK, TEXAS
Lattrie Hadley, City Mager
Date Signed: 111s--7-2-
[Acknw,N ledgements on following page.]
2022049194 Page 4 of 9
ACKNOWLEDGMENT
THE STATE OF -r✓XAS
COUNTY OF WILL 104MSD N
This instrument was acknmgamed before me on this2,5ftday of TAW-K , 2022,
by V > Utz M�NPAi* RI-1As �"M-ame). as OwNe (Title) of GREEN
ADOBE DEVELOPERS 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.
„�, „
:�'4; PROMtlAglSx�ul,Aa au w
sp:- =Natsiy Public, State o1 Texas
Comm. Expires 11-29-2026
�i,�a „•• ttalsry ID 133466026
Notary Public in and for the State of Trri(gs
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument %%as acknowledged before me on thispAay of 4 � , 2022.
by Laurie Hadley. Round Rock City Manager, in the capacity- and for thk e purposes and
consideration therein indicated.
r
Ito
.w YONIQUBAD�IM3 Notary Public in a4 for the State of Texas
�' March 8
4
JPH LaindSurveying, �nc,,
Dallas -Fort Worth * Austin * West Texas
EXHIBIT" A "
Page 1 of 4
�aNd N
40 m
BEING a 1,794 square feet tract of land being a portion of Lot 1, Block A, Townhomes at Gattis, an
addition in the City of Round Rock, Williamson County, Texas, according to the plat recorded under
Instrument Number 2020025805, Official Public Records, Williamson County, Texas (O.P.R.W.C.T.);
the subject tract is more particularly described as follows (Bearings are based on Grid North per the
Texas Coordinate System of 1983, Central Zone.):
BEGINNING at a 60D nail in wood post found at the northeast lot comer of said Lot 1, Block A
(Townhomes at Gattis), some being the northwest lot comer of Lot 1, Block A, Ray Berglund
Boulevard Subdivision, Section Two, an addition in the City of Round Rock, Williamson County,
Texas, according to the plat recorded under Instrument Number 2007070162, O.P.R. W.C.T., and being
the southeast lot corner of Lot 7, Block A, Joyce Lane Subdivision, an addition in the City of Round
Rock, Williamson County, Texas, according to the plat recorded under Instrument Number
2006096931, O.P.R.W.C.T.;
THENCE SOUTH 01 11541 08" EAST, with the east lot line of said Lot 1, Block A (Townhomes
at Gattis) and with the west lot line of said Lot 1, Block A (Ray Berglund Boulevard
Subdivision), a distance of 12.10 feet to a point from which a Cotton Spindle found at
the southeast lot corner of Lot 3, Block A of said Townhomes at Gattis bears SOUTH
010 54' 08" EAST, distance of 397.89 feet;
THENCE departing the said lot line through the interior of said Lot 1, Block A (Townhomes at
Gattis), the following courses and distances:
1. SOUTH 460 26' 53" WEST, a distance of 34.46 feet;
2. SOUTH 85° 32' 20" WEST, a distance of 34.37 feet;
3. SOUTH 45' 25' 09" WEST, a distance of 31.31 feet to a point on the west easement
line of an existing City of Round Rock Drainage and Storm Sewer Easement, as
shown on and being dedicated by said plat of Townhomes at Gattis;
4. NORTH 400 28' 03" WEST, with the said easement line, a distance of 22.58 feet;
5. NORTH 45" 25' 09" EAST, departing the said easement line, a distance of 26,24
feet;
6. NORTH 850 32' 20" EAST, a distance of 46 20 feet;
pa1j�-Fart Worth t1►>�tl West To%" �+
783 Lonesome Dove Trad 1516 E. Palm Valley Blvd., Ste. A4 426 Graham Street
Hurst, Texas 76054 Round Rock, Texas 78664 Tuscola, Texas 793622
(817)431-4971 (512)778-5688 (325)672-7420
Firm 910019500 Firm 010194073 Firm N10193967
W WW.JPHLANDSURVEYING.COM
Page 2 of 4 2022049194 Page 6 of 9
7. NORTH 460 26' 53" EAST, a distance of 30.47 feet to a point on the north lot lire
of said Lot 1, Block A (Townhomes at Gattis), same being the south lot line of
aforementioned Lot 7, Block A. from said point a 1/2 inch capped rebar stamped
"AUSTIN SURVEYORS" found at the northwest lot corner of said Lot 1, Block
A (Townhomes at Gatos) bears SOUTH 88' ON 17" WEST, a distance of 701.47
feet;
THENCE NORTH 88° 04' 17" EAST, with the north lot line of said Lot 1, Block A (Townhouses
at GaIds) and with the said south lot line of Lot 7, Block A, a distance of 8.97 feet
returning to the POINT OF BEGINNING and enclosing 1,794 square feet.
Jose B. Najarro III
Registered Professional
Land Surveyor No. 6736
jose(kiphIs.com
October 19, 2020
Job No. 2018.200.07R - Encroachment'" __....
DRU1111911 Worth
Austin
West Texas
785 Lonesome Dove Trail
1516 E. Palm Valley Blvd., Ste. A4
426 Graham Strout
Hurst, Texas 76054
Round hock, Texas 78664
Tuscola, Texas 79562
(817)431-4971
(512)778-5688
(325)672-7420
Firm 410019500
Firm 910194073
Firm 010193867
W W W.JPHLAN DSURV EY tNG.COM
EXHIBIT it A it
LEGEND OF ABBREVIATIONS PAGE 3 OF4
P.R.W.C.T.
Plat Records of Williamson County, Texas
O.P.R.W.C.T.
Official Public Records of Williamson County, Texas
D.R.W.C.T.
Deed Records of Williamson County, Texas
POB/POC
Point of Beginning/Point of Commencing
Monuments are found If not rearked MNS or CRS.
Bearings are based on Grid North, Texas Coordinate
System of 1983, Central Zone LOT 2 BLOCK A
LOT 7, BLOCK A
JOYCE LANE SUBDIVISION
INST.02006096937, O.P.R.W C T
701,41'
IR' REBAR
'AUSTIN SURVEYORS' wa.', ;"`' T Una
1,794 SQUARE FEET
SEE DETAIL ON PAGE 4 OF 4
RAY BERGLUND
\
BOULEVARD
SUBDIVISION.
SECTION TWO
INSTA 2007070162
O.P.R.W.C.T.
o_ d '�
G
P.O.B.
600 NAIL
t. 1
NWOODrO9T
4w
LOT 1, BLOCK A I
r
6p0
R 5 64ul+
o
TONWHOMESAT GATTIS
'^ni
' a
[NST.# 2020025905, O.P.R.W.C.T. j
w
C
rig
y
LOT 2, BLOCK A
TOWNHOMES AT GA7'11S
LOT 3, BLOCK A
1020
INST.M 2020025805,
TOWNHOMES AT GATTIS
1NST.N 2020025905, O.PJLW.C.T.
PT.#
ITY W.C.T ROUND ROCK
rRIGHT-OF-WAY
CITY OF ROUND ROCK
VARIABLE WIDTH RIGHT-OF-WAY
ARIABLE WIDTH
GATTIS SCHOOL ROAD
CUItWW .Y VARIABLE WIVI'M R.O.W. *W TO 1W
— LOT 1. BLOCK A
CHALLENGER SCHOOL711
NTERCHANGE BUSINESS PARK
r—
'
LOT 1, BLOCK A
FOUNDATION,
A CALIFORNIA ► SECTION ONE
I
RANDALUS TOWN
CENTRE SECTION SIX
CABINET J. SLIDE 24
1NST 1 P.R.W.C.T.
i
INST.02011051435
20150T19937
%
1 O.P.R.W.C.T 1
O.P.R.W.CT. 1
I
�,aNd
Sus_;
U
Q 12Y
Scale: V-120'
JPH Job No
19.200.028 2306 Osais School Rd, Rowed Rock, Wetltemson Co., TX
Encroachment Esmt.dwg
m 2020 )PH Land Surveying. Inc. All Rights Reserved
795 Lonesome Dove Trait, Hunt, Texas 76054
Tetephone (817) 431.4971 www.phlandsuweying.tom
TBPELS Film 010019500 010194073 #10193867
DFW I Austin I West Texas
EXHIBIT SHOWING
1,794 SQUARE FEET
BEING A PORTION OF
LOT 1, BLOCK A
TOWNHOMES AT GATTIS
CITY OF ROUND ROCK
WILLIAMSON COUNTY, TEXAS
it
is
le
N
'g
co
EXHIBIT" A 't
LEGEND OF ABBREVIATIONS PAGE 4 OF 4
P.R.W.C.T. Plat Records of Williamson County, Texas Monuments are found !f not worked MNS or CRS.
O.P.R.W.C.T, Official Public Records of Williamson County, Texas Hearings are based on Grid North, Texas Coordinate
D.R.W.C.T. Deed Records of Williamson County, Texas
POBIPOC Point of Beginning/Point of Commencing System of 1993, Central Zone
O
od
0
\ LOT 2, BLOCK A
LOT 7, BLOCK A RAY BERGLUND BOULEVARD
10YCE LANE SUBDIVISION \ SUBDIVISION, SECTION TWO
INSTA 20060903 1. O.P.R.W.C.T. \ INSTA 2007070162
O.P.R.W.C.T.
L9
S88'04'ITW 70t.47' w `
W AF.aAR L7 % I
AUSTarSURVEYORS'A__...-- -d !�
1,794 SQUARE FEET
A L3
r
LOT I BLOCK A
.lose B. Najarro III
Registered Professional
Land Surveyor No. 6736
josefthls.com
October 19, 2020
,aNd
Sup
0
TOWNlfOMESAT GATl7S
INST.A 2020023805, O.P.R.W.C.T.
Line Data Table
Line M
Baring
Distance
LI
S01.54'09"E
12.10'
L2
S46626'53"W
34.46'
L3
S85.32'20'W
34.37'
L4
S45"25WW
31.31'
LS
N40'28'03"W
22.58'
LA
N45.25WE
26.24'
L7
N85432'200E
46.20'
LA
N46426'53"E
30.47
L9
N88W17"E
8.97'
u
0 60'
Scale: 1 "=60'
JPH Job No. 1
).028 2306 Oattis School Rd. Round Rock, Williamson Co., TX -
Encratchment Eamt.dwg
O 2020 JPH Land Surveying, Inc. - All Rights Reserved
795 Lonesame Dove Trail, Hurst, Texas 76054
Telephcoe (811) 4314971 www.jpblandaurvoying.com
TBPELS Firm 010019500 #10194073 010193867
DFW I Austin I West Texas
u
l Hot
y
G
LP.O.B.
60D NAIL.
rta woos FM
go
o
�6R
as
Vf
LOT 1, pg AT aA•tIs
-fOw 4lj0 saos.O.r.1L w.c•Y. ,
1NST.022
COTTONSPINDIF
GATTIS SCHOOL ROAD
CURRENTLY VARIABLE WIDTH R.O.W. *80 TO 120'
EXHIBIT SHOWING
I,794 SQUARE FEET
BEING A PORTION OF
LOT 1, BLOCK A
TOWNHOMES AT GATTIS
CITY OF ROUND ROCK
WILLIAMSON COUNTY, TEXAS
2022049194 Page 9 of 9
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2022049194
Pages:9 Fee: $58.00
04/20/2022 12:32 PM
MBARRICK
'r
Est; w d
Nancy E. Rister, County Clerk
Williamson County,Texas
City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing an Encroachment Agreement with Green Adobe Developers,
LLC for encroachment into a portion of a Storm Sewer and Drainage Easement
recorded in Document 2020025805 of the 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: ENCR2202-0002 Townhomes at Gattis - SS&DRG Executed Doc
Department: Planning & Development Services
Text of Legislative File CM-2022-098
This agreement allows for the placement of private stormwater and private wastewater infrastructure in a
public storm sewer and drainage 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.
City of Round Rock Page 1 of 1