CM-2022-227 - 9/30/2022ELECTRONICALLY RECORDED 2022114625
Williamson County, Texas Total Pages: 7
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between
HIGHTOWER FOUNDATION REAL ESTATE INVESTMENT, LLC, hereinafter "Owner,"
a Texas limited liability company, whose current address is 900 Spectrum Drive, Austin, Texas
78717, and the CITY OF ROUND ROCK, TEXAS, hereinafter the "City," a municipal home -
rule corporation whose address is 221 F. 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 1208 Ledbetter Road, Round Rock, Texas,
78681, a subdivision described as Ramendu Villas at Ledbetter, Replat of Final Plat of
Amended Sam Bass 7, Recorded in Document No. 2022004420, Official Records of
Williamson County, Texas (the "Property").
B. City is the record holder of a 10-foot Public Utility Easement recorded in Document
No. 2022004420 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, specifically two hundred sixty-two (262) square feet being more
particularly described by metes and bounds and by sketch as set forth in Exhibit "A;'
attached hereto and incorporated herein by reference for all purposes, with the
Encroaching Structure being in the nature of a detention pond wall, as set forth in
Exhibit '`B," attached hereto and incorporated herein by reference for all purposes (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 " B," 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 10 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 shal I
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;
4873-8134.7372 ,s2
ICR2?04.0001
Al, 7,02Z-2"?-_7
2022114625 page 2 of 7
(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;
(b) 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;
2022114625 Page 3 of 7
(Ib) Relative to any subsequent purchaser of the Property andebr the
Encroaching Structure, the Owner expressly agrees to adequately inform
any such purchaser of the existence of this Agreement and prov ide a copy
of same; and
(1 1) 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
HIGHTOWER FOUNDATION REAL ESTATE
INVESTMENT, LLC
D
By: �� ('Amkv, CuLr1Afv-F)
Date Signed:
CITY
CIT�ROUND ROCK, TEXAS
!r `, City Manager
�� Z 1�, 1 •` l l �G113j 1 �5�
Date Signed: 3o - 0-2-
[Acknowledgements on following; page.]
2022114625 Page 4 of 7
ACKNOWLEDGMENT
THE STATE OF
COUNTY OF L �I l (�&� ��\
T is instrument was acknowledged before me on this TI _ day o l.l' u 'i , 2022.
by r:(� I� h(g (Name), as _j Y (Title) of
HIGHTOWER FOUNDATION REAL ESTATE INVEST..1 ,NT, 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.
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p,F� Y „AG-,
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ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON rr
This instrument was acknowledged before me on this L' day of 0022.
by IAwriert#$�ley, Round Rock �ity Manager, in the capacity and fo-r Ne purposes and
consideration therein indicated.WMIQUEADAMS
{
_• += My NQWy ID 0 1=913 NotaryPublic i and for the State of lexas
March 22. • 26
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2022114625 Page 5 of 7
Exhibit "A"
FILE#
EXHIBIT " A " 262 SQUARE FOOT
BEING 262 SQUARE FERT OF LAND, BEING OUT OF LOT 22, BLOCK A, RAMENDU VILLAS
AT LEDBFTPER, REPLAT OF FINAL PLAT OF AMENDED SAM BASS 7, RECORDED IN
DOCUMENT NUMBER 2022004420 OFFICIAL PUBLIC RECORDS,
WILLIAMSON COUNTY, TEXAS, SAID 262 SQUARE FEET OF LAND TO BE MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING at a capped iron rod set stamped RPLS #5729. In the westerly right-of-way of Ramendu
Way, at the northeast corner of Lot 1, Block A. said subdivision, and the southeast corner of said Lot 22
Black A;
THENCE South 76 degrees 42 minutes 59 seconds West, along the northerly Ilne of said Lot 1, and the
southerly Ibis of said Lot 22, 10.00 feet to a point, ftm which a capped hm rod set stamped RPLS #S729
bears South 76 degrees 42 minutes 59 seconds West, 30.05 feet;
THENCE North 33 degrees 17 minutes 01 seconds West, through said Lot 22, 6.50 feet, to the P0Wr OF
BEGINNING, and the southwest comer horcof;
THENCE continuing through said Lot 22, the following 7 calls;
1. Noah 13 degrecs17 minutes 01 seconds West, 67.12 feet, beginning a curve to the left having a Radius
of 145.00 feet,
2. Thence along said curve to the left, whose chord bears, North 21 degrees 30 minutes 14 seconds West,
41.46 feet, for the northwest comer hereof,
3. North 76 degrees 42 minutes 59 seconds East, 2.63 feet, for the northeast career hereof,
4. South 25 degrees I I minutes 17 seconds East, 21 All feet,
5. South 17 degrees I I minutes 09 seconds East, 20.04 feet,
6. South 13 degrees 17 minutes 01 seconds Ease, 67.15 feet, Ibr the southeast comer hereof,
7. South 76degrees 42 minutes 59 seconds West,2.50 fat, to the POINT OFBEOiNNIt�G
EDWARD C. RUh69Y, TX. RPLS N$729
JOB # A0504720
PAGE i OF 2
2022114625 Page 6 of 7
Exhibit "B"
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AUSTIN, TEXAS 73729
(512) 249-9149 PHONE
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LIMAL DESCRIPTION
BEING 262 SQUARE FEET OF LAND, BEING OUT OF LOT 22, BLOCK A, RAMFNDU VILLAS
AT LI DUR I'TER, RrPI.AI' OF FINAL PLAT OF AMENDED SAM BASS 7, RECORDED IN
2022004420 _ .OFFICIAL PUBLIC RECORDS, WILLIAMSON CO -WIT, TEXAS, SAID
262 SQUARR FHEr OFOF LAND -1.0 BE MORE PARTICULARLY llE3 S AND
BOUNDS IN EXHIBIT "A`, ATTACHHI) HERETO AND MADE
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PAGE 2 OF 2
2022114625 page 7 of 7
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2022114625
Pages:7 Fee: $46.00
10/04/2022 10:57 AM
LMUELLER
Nancy E. Rister, County Clerk
Williamson County,Texas
I �0'—
ROUNO ROCK
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing an Encroachment Agreement with Hightower Foundation Real
Estate Investment, LLC for the Ramendu Villas Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 9/30/2022
Dept Director: Brad Wiseman, Director of Planning and Development Services
Cost: $0.00
Indexes:
Attachments: ENCR2204-0001 Lot 22 Ramendu Villas - Executed Doc
Department: Planning & Development Services
Text of Legislative File CM-2022-227
This agreement allows for minor encroachment of a structural portion (6" of a subsurface footer) of private
detention pond wall into a City storm sewer and drainage easement. This encroachment does not
adversely affect the stormwater that conveys through this easement and the document 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