CM-2022-190 - 8/19/2022ELECTRONICALLY RECORDED 2022099789
Williamson County, Texas Total Pages: 8
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between
LEGACY -ROUND ROCK PARTNERS, LP, hereinafter "Owner," a Texas limited partnership,
whose current address is 209 S 19`h St., Omaha, Nebraska 68102, 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 1001 University Blvd, Round Rock, Texas,
located in May Subdivision, a subdivision recorded in Document No. 2020027389 of
the Official Public Records of Williamson County, Texas (the "Property").
H_ City is the record holder of a 10' Public Utility Easement dedicated in Document No.
2020027389 of the Official Public Records of Williamson County, Texas (the
"Easement Areal.
C. The Owner has requested that the City allow an encroachment on or over a portion of
the Easement Area, specifically a 0.0023 acre tract, as described in the attached Exhibit
"A," attached hereto and incorporated herein by reference for all purposes, with the
Encroaching Structure being in the nature of a well to be used for irrigation
improvements, as shown by sketch in Exhibit "A" (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 "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;
00467628/ss2
ENCR2009-0001
tA-4,Z0-zz-(4 0
2022099789 Page 2 of 8
(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;
(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; and
2
2022099789 Page 3 of 8
(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.
(I I) 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
LEGACY --ROUND ROCK PARTNERS, LP j
- t Y arE• v
By: -_ _ .s� 'MAL E..
Bobbi Jo Lucas
Date Signed: _
CITY
CITY O OUND ROCK, TEXAS
By:
Laurie Hadley, Ci y Manager (f
Date Signed: r/l y/Z
[Acknowledgements on following page.]
2022099789 Page 4 of 8
ACKNOWLEDGMENT
THE STATE OF _ 5J�4—
COUNTY OF
��
This instrument was acknowledged before me on this . �� day of ,
by�, (Name), as 41,VZf
(Title) of
LEGACY -ROUND O&K PARTNERS, LP, a Texas Limited Partnership, whose name is
subscribed to the preceding instrument, and acknowledged to me that he executed it for the
purposes and consideration expressed in it.
�ry • � of N�br�
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
Notary Public in and for th 4 Otate of. koa
ACKNOWLEDGMENT
This instrument was acknowledged before me on this"s day of
by Laurie Hadley, Round Rock City Manager, in the capacity an Afortevpurpvoses and
consideration therein indicated.
MMIQIIEADiW
H My Notefy O) # 12S25199 3
_ •�•�Mach �, No ary Public in an or the tate o exas
�.....
4
2022099789 Page 5 of a
Exhibit" A "
(Encroachment Agreement)
Abel L. Eaves Survey Abstract No. 215
Leval Description
BEING A DESCRIPTION OF A TRACT OF LAND CONTAINING 0.0023 ffdS
�DACRES (100 SQUARE FEET) OUT OF LOT 1, BLOCK A, MAYSUBDIVISION, A SUBDIVISION RECORDED IN DOCUMENT NO.
L'VBy
2020027389 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON PO Box 90876
COUNTY, TEXAS (O.P.R.W.C.T.), CONVEYED TO RAY A. MAY TRUST, Austin, TX '8709
512 554.3371
RAY A. MAY, CLIFFORD J. MAY TRUST, AND CLIFFORD J. MAY IN jward@4wardls.rom
DOCUMENT NOS. 2014099096, 2014099095, 2014099094, AND 2014099093, wwwAwardlscwri
RESPECTIVELY, ALL (O.P.R.W.C.T.), AND BEING A PORTION OF A 10'
PUBLIC UTILITY EASEMENT DEDICATED IN DOCUMENT NO.
2020027399 (O.P.R.W.C.T.), SAID 0.0023 ACRES BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING, at a calculated point in the south right-of-way line of University Boulevard (Chandler Road
CountyRoad l 14 right-of-way varies), being in the north line of said Lot], from which a 1/2-inch iron rod
with "4Ward-Boundary" cap set for an angle point in the south right-of-way line of said University Boulevard,
being the northwest comer of said Lot 1, and being in the common east comer of Lot I and Lot 2 of Laurel Ridge
Section 8, a subdivision recorded in Cabinet S, Slide 124 of the Plat records of Williamson County, Texas
(P.R.W.C.T.) bears, S69020'03"W, a distance of 444.14 feet, also from which a 1/2-inch iron rod with "4Ward-
Boundary" cap set for an angle point in the south right-of-way line of said University Boulevard, being the
northeast corner of said Lot 1, May Subdivision, and being in the west line of University Comtnons Office
Condominiums, a condominium plat recorded in Document No. 2007091418 (O.P.R.W.C.T.) bears,
N69°20'03"E, a distance of 170.94 feet;
THENCE, leaving the south right-of-way line of said University Boulevard, over and across said Lot 1, May
Subdivision, S20039'57"E, a distance of 5.16 feet to a calculated point for the northwest comer and POINT OF
BEGINNING hereof, being in the north line of said Public Utility Easement;
THENCE, continuing over and across said Lot I, May Subdivision the following four courses and distances:
1) N6911710211E, a distance of 10.00 feet to a calculated point for the northeast comer hereof,
2) S20°39'57"E, a distance of 10.00 feet to a calculated point for the southeast corner hereof,
3) S69°20'03"W, a distance of 10.00 feet to a calculated point for the southwest corner hereof,
4) N20°39'S7"W, a distance of 10.00 feet to the POINT OF BEGINNING, and containing 0.0023 Acres
(100 Square Feet) more or less.
NOTE:
All beatings are based on the Texas State Plane Coordinate System, Grid North, Central Zone (4203), all
distances were adjusted to surface using a combined scale factor of 1.000130667795. See attached sketch
(reference drawing: 00848-EA-PUE.dwg)
10/22/202
S ZIOn Ward, RPLS #5811 14Ward Land Surveying, LLC
PM08481Metes & Bounds & Certifications-00848 EA-PUE.docx
2022099789 Page 6 of 8
1/2' IRON ROD II11H
It IF CAP,
FROM WHICH A
MS7UNED
TYPE I CONCRETE
MONUMENT FOUND
BEAR$ 5D144$1'W
O.5w
LOT
LOT2
[A]
LOT 3
UNIVERSITY BOULEVARD
AKA CHANDLER ROAD
AKA COUNTY ROAD 114
(PUBLIC R.O.W. VARIES) HT R'�`D�
HEREBY DEDICATED
70 THE CITY
A-- [B1
OF ROUND ROCK
NT AGREE
0.0023 ACRE(S)
100 SQUARE FEET _
P.O.C. ((N69'20'03"E 625.08'))
GRID Nt 1017969�34 N69'20'03"E 625.08'
GRID E: 3135906.45
P.O B
--------GRID N: 10T7989azg--- -- — --._.-..---
GRID L 3135934 B1 L3
Z8' BUILDWO SU BALK LINE PER 0TY
OF ROUND ROOK =ONNO FOR ZONE SS VARIARLE WDIH 10' P.U.E. I [D]
SIDEWALK EASEMENT Doc. i 202OW389
ooc, f 2ozoo�27�es
LOT 1, BLOCK A, WATERLINE EASEMENT I
MA Y SUBDI VISION DEDICATED TO THE
DOC. # 2020027389 ROM ISM IOF N
O.P.R.W.C.T DOC. Z00401707
OWNER: RAYA. MAY low I
AND CLIFFOR D J. MAY '
DOC N0.2014099093, 2014099094,i I
2014099095 & 2014099096S& ; —
WCAD TAX ID#: R055411 Igo. I
a 30 sa
AS R.O.W. T
MENT APPROXIMATE
LOCATION OF
.,.-. ^ — — �— r...._.. SURVEY UNE — —
OBOO23 ACRE 15 45
MAPHIC SCALE: 1" = 30'
ENCROACHMENT
AGREEMENT
City of Round Rock,
Williamson County,
Texas
P:
2022099789 Page 7 of 8
[A]
LAUREL RIDGE
SECTION 8
CAB. S, SLD. 124
P.R.W.C.T.
[B]
LOT 2, BLOCK A, MAY S UBDI VISION
(DEDICATED TO THE CITY OF
ROUND ROCK AS RIGHT-OF-WAY)
DOC. NO. 2020027389 O.P.R. W.C.T.
IQ
CALLED 0.041 ACRES
COUNTY OF WILLIAMSON
VOL. 17I2, PG. 789
O.R. W.C.T.
[D]
UNIVERSITY COMMONS
OFFICE CONDOMINIUMS
DOC. # 2007091418
O.P.R. W.C.T.
NOTES!
1) ALL BEARINGS ARE BASED ON THE TEXAS STATE
PLANE COORDINATE SYSTEM, GRID NORTH, CENTRAL
ZONE. (4203). NAD83 (CORS), ALL DISTANCES WERE
ADJUSTED TO SURFACE USING A COMBINED SCALE
FACTOR OF 1.000130667795.
2) SEE ATTACHED METES AND BOUNDS.
O.0023 ACRE
ENCROACHMENT
AGREEMENT
City of Round Rock,
Williamson County,
Texas
LEGEND
PROPOSED EASEMENT UNE
— -
EXISTING PROPERTY LINES
- ^- — — -
EXISTING EASEMENTS
O
1/2' IRON ROD WITH '4WARD
BOUNDARY CAP SET
1/2' IRON ROD FOUND
(UNLESS NOTED)
A
CALCULATED POINT
DOC. NO.
DOCUMENT NUMBER
P.0.8.
POINT OF BEGINNING
VOL/1PG_
VOLUME, PAGE
CAS./SLD.
CABINET, SLIDE
R.O.W.
RIGHT-OF-WAY
P.R.T.C.T. PLAT RECORDS,
TRAMS COUNTY. TEXAS
o.P.R.T.C.T. OFFICIAL PUBLIC RECORDS,
TRAMS COUNTY. TEXAS
RECORD PER
DEED DOC.FORMATION NO. 202 027389
LINE TABLE
UNE /
DIRECTION
LENM
L1
N69'17'02'E
10.00'
L2
S20'39'57'E
10.00'
L3
969'17'OYW
10.0`
L4
N2039'57'W
10.00'
L5
52039'5TE
5.16'
OFOL-
T
.y
JASON WARD V
P 5811 10/22/202D
9�LQ F S S ti O �- O
7
5UR
P:\00"&\p"\0ww4-pUE
2022099789 Page 8 of 8
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2022099789
Pages:8 Fee: $50.00
08/24/2022 11:14 AM
MBARRICK
r5k-V?S .
Nancy E. Rister, County Clerk
Williamson County,Texas
II City of Round Rock
OUND ROCK
XA�. Agenda Item Summary
Title: Consider executing an Encroachment with Oncor Electric Delivery Company, LLC.
Type: City Manager Item
Governing Body: City Manager Approval,
Agenda Date: 8/12/2022
Dept Director: Brad Wiseman, D'rector of Planning and Development Services
Cost: $0.00
Indexes:
Attachments: Oncor Encroachment - Executed
Department: Planning & Development Services
Text of Legislative File CM-2022-183
This is an agreement whereby Oncor Electric is permitting the City of Round Rock to place water and
sidewalk infrastructure within the bounds of an easement space to which Oncor holds rights. This
document outlines the rights and restrictions being granted by Oncor for use of this space.
City of Round Rock Page 1 of 1
ROUND ROCK
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing an Encroachment Agreement with Legacy -Round Rock
Partners, LP for the Legacy Senior Residence Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 8/19/2022
Dept Director: Brad Wiseman, Director of Planning and Development Services
Cost: $0.00
Indexes:
Attachments: ENCR2009-0001 PUE Legacy 220808 Executed Doc
Department: Planning & Development Services
Text of Legislative File CM-2022-190
This agreement allows for a wellhouse shelter located over an existing water well that existed on this
property prior to development; the wellhouse structure extends into an existing public utility easement
(PUE). 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