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CM-2022-221 - 9/23/2022ELECTRONICALLY RECORDED 2022111393 Williamson County, Texas Total Pages: 16 This Encroachment Agreement, hereinafter "Agreement," is made and entered into between HOMESTEAD AT OLD SETTLERS PARK RESIDENTIAL COMMUNITY, INC., hereinafter "Owner," a Texas non-profit corporation, whose current address is P.O. Box 803555, Dallas, Texas 75380-3555, and the CITY OF ROUND ROCK, TEXAS, hereinafter the "City," 2 municipal horne-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: I d bd Park Phases 4 an7, a suivision located in Williamson County, Texas, according the plat recorded in Document No. 2022065938, Official Records of Williams County, Texas (the"Property"). B, City is the record holder of a Drainage Easement recorded in Document No 2022065938 of the Official Public Records of Williamson County, Texas (t "Easement Area"). I 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 retaining wall (the "Encroaching Structure"). D. By execution of this Agreement, the City grants its limited consent for the Owner a encroach on or over a portion of the Easement Area stricl�y subject to thefollowl 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; (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; 4863-4930-4877/ss2 L-NCR2207-0001 2022111393 Page 2 of 16 (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 rernoval 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 responsibi for removal of the Encroaching Structure to the City's satisfaction, an such removal shall be completed by the Owner within thirty (30) days actual notice to the Owner of the City's directive to remo oao o and oove same. T parties expressly agree that, in the event the Owner fails to remove t Encrching Structure t• the City's satisfactin follwing ntice, thel in that event the City may cause the Encroaching Structure to 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 affl loss, damage, penalty, liability, cost and expense, including witho limitation reasonable attorney's fees, that may be incurred by, impos upon, or asserted by reason of any suit, action, legal proceeding, clai demand, regulatory proceeding, or litigation arising from any act done omitted to be done by any party, excepting only any loss, dam g penalty, liability, cost or expenses resulting from negligence or will misconduct of the City, Nothing herein shall be deemed to limit t rights (including but not limited to the right to seek contribution) of t City or the Owner against any third party who may be liable for indemnified claim. The parties agree that in no event shall the City liable to the Owner for any incidental, indirect, special, punitiv consequential or similar damages of any kind including witho limitation loss of profits, loss of business or interruptions of busines whether such liabties are predicated on contract, tort, strict liability any other legal theory. This indemnification shall apply to the Owne and to each of its successors, assigns, officers, employees and official The parties agree that the provisions of this section shall survive t 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 0 2022111393 Page 3 of 16 (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. Mill z 13 M151*110 MoK OLD SETTLERS PARK IV01MUNITY, INC. Title: Date Signed:Z— CITY CITY 0 OUND RO K, TEXAS B y: ;C1 Laurie Hadley, City Manager'-' Date Signed: 2022111393 Page 4 of 16 gm "wrelsAy I Dior" 0j, I pla A THE STATE OF COUNTY OF .'This instrument was acknowledged before me on this dayr 022. by' (Name), as HOMESTEAD AT 00j'SETTLERS PARK RESIDENTIAL COMMUNITY, INC., a Texas non-profit corporation, whose name is subscribed to the preceding instrument, and acknowledged to me that he executed it for the purposes and consideration expressed in it, CATHERINE ORMISTON Notary ID #12550260 my Q Commission Expires December 9. 2025 ob Ntary Pulic in and for the State of VP KM "'will"m in D1 11"1741 plaA • This instrument was acknowledged before me on this aay of 2022, by Laurie Hadley, Round Rock City Manager, in the capacity and for e purposes and consider ADAMS J ,4pW MWIQUE , . . Notary Pju bZ1 i c in a for t h e W. Public in aState of Texas 0 •'57913 My NoWy ID # 126257913 Evkw March 22.2026 mmw 4 2022111393 Page 5 of 16 -11 e I'll, DOC. NO. 2021005565 O.P.R.W.C.T. 25 wal Exhibit "A" 0 200' Innsozimm" SCALE- I" 200' 0 ool% --"Ar 6701 [ EXH H 9 66 A CITY OF ROCK 70 DRAINAGE EASEMENT 71 EXH it DOC NO, 2022065938 15 16 2.....® 17 74 18 EXH 7 WALL 19 5 ENCROACHMENTI, BLOCK B PE. LOT 103 PEN SPACE/ DRAINAGF 12.14 AC 4F 26 dp 28 27 29 6 5 4 3 2 Lw NOTE: A DRAINAGE EASEMENT HAS BEEN DEDICATED TO THE CITY OF ROUND ROCK OVER THE ENTIRETY OF LOT 90, BLOCK B AS RECORDED lll-1 HOMESTEAD AT OLD SETTLERS PARK PHASES 4 AND 7 FINAL PLAT, DOC, NO. 2022065938 O.P.R.W.C.T. . ........................................................... 7pl 1311 66 6 X�l 12 10 V6 EXH 4 7 8 87 16 15 14 0 88 A. s 0 (—P *ova EXH 3 '19 0 0 91 '0 0 'too 95 EXH 2 0 94 93 ) 0000 96 EXH I CITY OF ROUND ROCK 91 98 91 cl DRAINAGE EASEMENT 9 0006tOCK B SEENOTE LOT 90 OPEN SPACEJ DRAINAGE //, 2 73AC ENCROACHMENT HOMESTEAD AT OLD SETTLERS PARK PHASE 2 DOC. NO. 2021007044 O.P.R.W.C.T, T ... .. ... ... .. DRAINAGE EASEMENT ENCROACHMiiNT 00 . . . . .... . /,/ . . . . ...... . I'll EXHIBIT r tageip A-SMESTLAW AT-2400LI SF-T-1 LEPkS PAAA AUSTIN. TEXAS 78731 TEL (512)758,7474 pl, PHASE 4 & 7 TBPE FpRM NO. F 18 120 ROUND ROCK, WILLIAMSON COUNTY. TEXAS 2022111393 Page 6 of 16 um, m- WSTA ME ..m � � .......... ,- � .0-- . . . .... . . ,oio DRAINAGE EASEMENT ENCROACHMENT EXHIBIT H ME TEAD AT LD SETT ER PAR "'. . . . . .... .... . AUSTIN. TEXAS 78731 TEL (512) 756-7474 1 .. ...... .... .18129 TBPE FIRM NO F 2022111393 Page 7 of 16 LTRYAMG0 U11161; m m, EM0,69, I, lwm� �Mcjrlil� CITY OF ROUND ROCK oSl ()RNG. LOT 2-73 AC DRAINAGE EASEMENT SEE NOTE 51 i m --------- - . .. .. . ... ......... DRAINAGE EASEMENT ENCROACHMENT i.......... . . . ...... ....... . EXHIBIT en cqje'� HOMESTEAD AT OLD SETTLERS PARK' AUSTIN.TEXAS 70731 1 TEL�JsQ)7$0-7474 PHASE 4 & 7 TOPE . ........ 1, ROUND ROCK, WILLIAMSON COUNTY, TEXAS 2022111393 Page 8 of 16 9 5 tit NOTN:,A DRAINAGE EASEMENT HAS 3EE EDICATED TO O THE CITY F ROUNT9ROCK OVER THE ENTIRETY OF LO 0. BLOCK B AS RECORDED IN HOMESTEAD AT OLD SETTLERS PARK PHASES 4 AND 7 FINAL PLAT, DOC. NO, 2022065938 Exhibit "A" 0 20' BLOCK B SCALE: 1 20' LOT 103 CITY OF ROUND ROCK DRAINAGE EASEMENT OPEN SPACE/ DRAINAGE DOC, NO. 202206593B 12.14 AC BLOCK B LOT 90 Rm R- W." A f DRAINAGE EASEMENT ENCROACHMENf-7 EXHIBIT AUSTIN. TEXAS 711731 1 TEL. (512)758.7474 F I. F RM NO.19129 Meritage 1 i(Alle S-' 2022111393 Page 9 of 16 BLOCK B LOT 103 3PEN SPACE/ DRAINAGE 12.14 AC CITY OF ROUND ROCK DRAJNAGE EASEMENT DRAINAGE EASEMENT ENCROACHMENT . ... ................. Mer�tgeEXHIBIT HOMESTEAD AT OLD SETTLERS PARK AUSTIN. TEXAS 76731 1 TEL 1512) 760 PHASE 4 & 7 TOPE FIRM NO. F-I 8120 110- iii�4 --1 ROUND ROCK, WILLIAMSON COUNTY, TEXAS 2022111393 Page 10 of 16 BLOCK B LOT 103 OPEN SPACE/ DRAINAGE 12-14 AC CITY OF ROUND ROCK DRAINAGE EASEMENT DRAINAGE EASEMENT ENCROACHMENT . ............ EXHIBIT Mer�tage i����°�PHASE 4 & 7 EXH 5 NO, F-16in . . ..... . 2022111393 Page 11 of 16 I-porpillrocrum, BLOCK B LOT 103 OPEN SPACE/ DRAINAGE 12.14 AC CITY OF ROUND ROCK DRAINAGE EASEMENT 00C. NO, 2022065938 .. .... .... I'll, ............. DRAINAGE EASEMENT ENCROACHMENT EXHIBIT 'Meritage AUSTIN, TEXAS 78734 1 TEL, (512) 53-7474 PHASE 4 & 7 TOPE FORM NO FASQ9 ROUND ROCK. WILLIAMSON COUNT.. TEXAS, 2022111393 Page 12 of 16 Exhibit "A" # 0 W SCALE: 1' 20' 74 BLOCK B LOT 103 0 C) OPEN SPACEi DRAINAGE 12,14 AC CITY OF ROUND ROCK DRAINAGE EASEMENT DOC. NO. 2022065938 N 18* 03'20.90"W 181.40' 1.15. . ... . . ........ . . . DRAINAGE EASEMENT ENCROACHMENT EXHIBIT ............ I I Lt USTIN, TEXAS 76731 1 TEL (512) 759-7474 PHASE 4 & 7 76PE FIRM NO, F 0129 . . . . ...... ....... ...... -111-1-11 1 1 1 1 "1 1 "I'll", "I Il'l 111111110162kiffifull I 2022111393 Page 13 of 16 r Exhibit "A" 108, ?0 0 0 X BLOCK B 00 LOT 103 OPEN SPACEI DRAINAGE 12.14 AC CITY OF ROUND ROCK DRAINAGE EASEMENT DOC, NO. 2022065938 0 20' 0=90ammm* SCALE- 1'= 20' W A, DRAINAGE EASEMENT ENCROACHMENT EXHIBIT AUSTIN. TEXAS 78731 1 TEL. (512) 758-7474 TOPE FIRMNO,F-W29 L r" 10111 2022111393 Page 14 of 16 Exhibit "A" 0 20' SCALE: 1'= 20' BLOCK B LOT 103 OPEN SPACE/ DRAINAGE 12.14 AC END WALL ENCROACHMENT CITY OF ROUND ROCK (N30® 32- 07.5334- DRAINAGE EASELM4ENT 1N97® 39 12.1666-) DOC. NO. 2022065938 F6 49 FL co rl k 0 0 7 03 1.03' - - --------- DRAINAGE EASEMENT ENCROACHMENT EXHIBIT Mentag' e' nViviESTEAD AT C)L=TTLERS PgA& AUSTIN, TEXAS 78731 1 TEL,(512)758.7474 K"n PHASE 4 7 Tepc FIRM No ROUND ROCK, WILLIAMSON COUINTY TEXAS 2022111393 Page 15 of 16 ROUN103 ROCK City of Round Rock T T 5 EXAS Agenda Item Summary Agenda Number: Title: Consider executing an Encroachment Agreement with Homestead at Old Settlers Park Residential Community, Inc. for the Homestead at Old Settlers Park Phase 4 and 7 Project. Type: City Manager Item Governing Body: City Manager Approval Attachments: ENCR2207-0001 Homestead at Old Settlers Park Ph 4 & 7 - Executed Doc Department: Planning & Development Services Text of Legislative File CM-2022-221 I a retaining I&I in tne outer Douncis of an existing drainage easement dedicated to the City. 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 I of I 2022111393 Page 16 of 16 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2022111393 Pages: 16 Fee: $82.00 09/27/2022 09.26 AM PKINNE 1 AST40f F� Gti, Nancy E. Rister, County Clerk Williamson County,Texas