CM-2022-191 - 8/19/2022ELECTRONICALLY RECORDED 2022099790
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 I9`" 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 Boulevard, Round Rock,
Texas, May Subdivision, a subdivision recorded in Document No. 2020027389 of the
Official Public Records of Williamson County, Texas (the "Property").
B. City is the record holder of a Water Line Easement dedicated in Document No.
2004017957 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 as described in Exhibit "A", attached hereto and incorporated
herein by reference for all purposes, with the Encroaching Structure being in the nature
of a well for irrigation improvements, as set forth by sketch in the attached 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;
[ t' 20
0046761240
ENCR2009-0002
2022099790 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;
(d) 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 inured 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
2022099790 Page 3 of S
(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.
(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
LEGACY -ROUND ROCK PARTNERS, LP
By:-
Bobbi o Lucas * ►��,#
Date Signed:
CITY
CITY OF ROUND It CKJT/E�XAS
By:
Laurie Hadley, City Manage
Date Signed: 1� I / y-2Z
[Acknowledgements on following page.]
3
2022099790 Page 4 of 6
ACKNOWLEDGMENT
THE STATE OF
COUNTY OFAI�S
v ok
This instrument was acknowledged before me on this day of
by �-�p_ .� ��.-(Name), as (Title) of
LEGACY -ROUND ROCK 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.
rm
��" +� - SWe of Nebralm
JILLUIN K. FLVPW AW
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
Notary Public in and for the Stat f _ly[
ACKNOWLEDGMENT
-Z-e L
This instrument was acknowledged before me on this 14FAday of
by Laurie Hadley, Round Rock City Manager, in the capacity and fo the purposes and
consideration therein indicated.
s
MK11QUEADAMB otary Public in a or the State of Texas
My NoWy ID lI 120MIS
Mm* 22, 2028
2022099790 Page 5 of 8
Exhibit " A "
(Encroachment Agreement)
Abel L. Eaves Survey Abstract No. 215
Leptai Description
BEING A DESCRIPTION OF A TRACT OF LAND CONTAINING 0.0012 yqd
��ACRES (52 SQUARE FEET) OUT OF LOT 1, BLOCK A, MAY V9
SUBDIVISION, A SUBDIVISION RECORDED IN DOCUMENT NO.�
2020027389 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON Po Box M76
COUNTY, TEXAS (O.P.R.W.C.T.), CONVEYED TO RAY A. MAY TRUST, Austin. Tx 79709
RAY A. MAY, CLIFFORD J. MAY TRUST, AND CLIFFORD J. MAY IN 512.554.3371
jwtudQ4wardls.com
DOCUMENT NOS. 2014099096, 2014099095, 2014099094, AND 2014099093, wWWJW{CILI XQBJ
RESPECTIVELY, ALL (O.P.R.W.C.T.), AND BEING A PORTION OF A
WATERLINE EASEMENT DEDICATED IN DOCUMENT NO. 2004017957
(O.P.R.W.C.T.), SAID 0.0012 ACRES BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at a calculated point in the south right-of-way line of University Boulevard (Chandler Road •-
County Road 114 right-of-way varies), being in the north line of said Lot 1, and being the northwest corner
and POINT OF BEGINNING hereof, 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 corner of said Lot
1, and being in the common east comer of Lot l 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, S69°20'03"W, a
distance of 444.14 feet:
THENCE, continuing with the south right-of-way line of said University Boulevard and the north line of said
Lot 1, May Subdivision, N69020103"E, a distance of 10.00 feet to a calculated point for the northeast comer
hereof, from which a l/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 comer of said Lot 1, May Subdivision, and being in
the west line of University Commons 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 the following three (3) courses and distances:
1) S20o39'57"E, a distance of 5.15 feet to a calculated point for the southeast corner hereof,
2) S69o17'02"W, a distance of 10.00 feet to a calculated point for the southwest comer hereof,
3) N20139'57"W, a distance of 5.16 feet to the POINT OF BEGINNING, and containing 0.0012 Acres
(52 Square Feet) more or less.
NOTE:
All bearings 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-WL.dwg)
10/221202
Jason Ward, RPLS #581 l
4Ward Land Surveying, LLC.
P:.008481Metes & Bounds & Certifications100848 EA-WL.docx
2022099790 Page 6 of 8
1/2• IRON ROD
SE CAP, NITN
ILiEGIL
FROM VMKH A
TYPE I CONCRETE
MONUMENT FOUND
BEARS SO14-V51•W
UNIVERSITY BOULEVARD '
AKA CHANDLER ROAD
AKA COUNTY ROAD 114
`
(PUBLIC R.O.W. VARIES) E ER
HEREBY pEDlI.ATED
TO ME CITY
OF ROUND ROCK
�• AS R.O.W. r
ENCROACHMENT AGREEMENT /j
0.0012 ACRE(S) APPROXIMATE
LOCATION OF
-_ - - - -52 SQUARE FEET - - - .� - L - — — SURVEY LU- — -
--�[B] P.O.B. f ] -
LOT , I GRIDMD :E:13135934.1" ((N69'20'03"E 625.08'))
----------------------------- ^i
21' BWLUNG SET BACK UNE PER aw
or OF M"D R= MHW FOR ZONE SR
VARIAEIO.E 1MDM WAIE"E EASEIIE]�1TT 10r P.U.E. jDJ
5O)EWALK I:ASE]IE#IT EDl DCA1FD M THE DOC. f 2020017380
Doc. 0 202DO27380 aW OF ROUND
LOT 2 LOT 1, BLOCK A. R , I TEW 91 MAY SUBDIVISION I
[A]
I
LOT 3 I
�,�DOC. # 2020027389 I
O.P.R. W.C.T
OWNER; .RAY A. MAY I
AND CLIFFORD J. MAY '°
DOC. NO.2014099093, 2014099094, '
2014099095 & 2014099096
WCAD TAX ID#: R055411 'CST �vros I
0s0012 ACRE
0 30 60
Awp
15 45
[;RAPHIC SCAt_F. T" - 30'
ENCROACHMENT
AGREEMENT
City of Round Rock,
Williamson County,
Texas
2022099790 Page 7 of 8
[A]
LAUREL RIDGE
SECTION 8
CAB. S, SLD. 124
P.R. W.C.T.
[B]
LOT 2, BLOCK A, MAY SUBDIVISION
(DEDICATED TO THE CITY OF
ROUND ROCK AS RIGHT-OF-WAY)
DOC. NO.2020027389 O.P.R. W.C.7'.
[c]
CALLED 0.041 ACRES
COUNTY OF WILLIAMSON
VOL. 1712, PG. 789
O.R. W.C.T.
[D]
UNIVERSITY COMA40NS
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.
0.0012 ACRE
ENCROACHMENT
AGREEMENT
City of Round Rock,
Williamson County,
Texas
LEGEND
PROPOSED EASEMENT LINE
— --� —
EXLSIING PROPERTY LINES
— r --- — —
ExISANG EASEMENTS
O
1/2' IRON ROD YNTH '4WARD
BOUNDARY CAP SET
1/2' IRON ROD FOUND
(UNLESS NOTED)
CALCULATED POINT
DOC. NO.
DOCUMENT NUMBER
P.O.B.
POINT OF BEGINNING
VOL./PG.
VOLUME, PAGE
CAB./SLD.
CABINET, SLIDE
R.O.W.
RIGHT —OF --WAY
P.R.T.C.T.
PLAT RECORDS.
TRANS COUNTY, TEXAS
O.P.R.T.C.T.
OFFICIAL PUBLIC RECORDS.
TRANS COUNTY, TEXAS
RECORD
OC INFORMATION
20220002ER
73389
UNE TABLE
LINE #
DIRECTION
LENGTH
L7
N6942WOrE
10.00'
1-2
S20'39'570E
5.15'
L3
S69617'02'W
10.00'
L4
N2039'570W
5.16'
.y
JASON WARD
,p 5811 t
S % 0
77
1D/21/2020
Land Surveying
A LimAed Liabifty Company
PO Box 90876, Austin Texas 78709
WWW.4WARDLS.COM (512) 537-2384
TBPLS FIRM #101743DO
Date:
10/22/2020
Project:
00848
Sco!e:
N/A
Reviewer:
PRB
Tech:
EBD
Fleld Crew:
TE/JZ
Survey Dote: APR. 2019
Sheet,
2 OF 2
2022099790 Page 8 of 8
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2022099790
Pages:8 Fee: $50.00
08/24/2022 11:15 AM
MBARRICK
S v?s+
Nancy E. Rister, County Clerk
Williamson County,Texas
ROUND RACK City of Round Rock
TEXAS 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: ENCR2009-0002 WL Legacy - 220808 Executed Doc
Department: Planning & Development Services
Text of Legislative File CM-2022-291
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 waterline 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