CM-2022-228 - 9/30/2022ELECTRONICALLY RECORDED 2022114624
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 E. Main Street, Round Rock, Texas 78664, and becomes
effective on the date indicated below. The City and the Owneragree 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 sixty-three (63) square feet of land 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 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;
4892-5893-73R8:%s3
I:NCK2204-0003
2022t 14624 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;
(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;
2
2022114624 Page 3 of 7
(10) Relative to any subsequent purchaser of the Property andtor 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
(l 1) The City reserves the option to rescind this Agreement at anytime, 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 C
By: ({} AA Prime C1 t) L H O-W)
Date Signed: 0 31 Lq 12-0 z 2—
CITY
CITY ' ROUND ROCK, TEXAS
By:... .�
y, City Mal ager
30 o?a,2 �
Date Signed: _ _
[Acknowledgements on following page.]
2022114624 Page 4 of 7
ACKNOWLEDGMENT
THE STATE OF
COUNTY OF i,-j k. A. 1f C—q
This instrument was acknowledged before me on this - l A— day of � , 2022,
bytr`O �u ��lOA
s- _ (Name), as n'�GL�- (Title) of
HIGHTOWEI� FOUNDATION REAL ESTATE INVESTNT, LLC, a Texas limited
liability company, whose name is subscribed to the preceding instrument, and acknowledged to
me that he executed i, (Qr thg,purposes and consideration expressed in it.
Eryn Pr C?� �4ub—l
.c _
xa. g��cOpfa h ry ici .Iai I for the State of.
-77lOho.1,ssrs024 co
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ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILIAAMSON
haw
This instrument was acknowledged before me on this day of 1. rtt't~; 2022,
by Laurie--Httdicy, Round Rock'ity Manager, in the capacity and for the purposes and
consideration therein indicated.
Notary Public ind For the State of Texas
MONit1l�EADM S
S;try Exp m much 22.2026
4
2022114624 Page 5 of 7
Exhibit "Ak
FIL80
EXHIBIT " A " 63 SQUARE FOOT
BEING 63 SQUARB FEB'f OF LAND, BEING OUT OF LOT 9. BLOCK A, RAMENDU VILLAS AT
LEDBETTER. REPLAT OF FINAL PLAT OF AMENDED SAM BASS 7, RECORDED IN
DOCUMENT NUMBER 2022004420, OFFICIAL PUBLIC RECORDS, WILLIAMSON
COUNTY, TEXAS, SAID 63 SQUARE P13ET Or LAND TO BE MORE PARTICULARLY
DESCRIBED AS FOLLOWS,
COMMRNCING at a capped iron rod set stamped RPLS 05729, in the easterly right -or -way of Friends
Cove. at the southwest corner of Lot 10, Block A. said subdivision, and the northwest corner of said Lai 9
Block A;
THENCE South 83 degrees 34 minutes 10 seconds East, along the southerly line of said Lot 10, and the
northerly line of said Lot 9, 10.00 feet to a point, beginning a curvy to the right having a Radius of 70.00
feet from which a capped iron rod set stamped RPLS 05729 bean South 83 degrees 34 minutes 10 seconds
EN410.00 feet;
THENCE through said Lot 9, and along said curve to the right, whose chord bears, South 07 degrees 14
minutes 57 seconds West.2.00 feet, to the POINT OF BEGINNING, and the northeast comer hemof;
THENCE continuing through said Lot 9, and continuing along said curve to the right, whose chord bears,
South 16 degrees 06 minutes 16 seconds West,19.57 feet, fbT the southeast comer hereof•,
THENCE continuing through said Lot 9, the following 3 calls;
North 60 degrees 16 minutes 58 seconds West, 2.95 tea, to the southwest corner hereof,
North 15 dogmas 46 minutes 22 seconds East, 18.41 feet to the northwest corner hereof,
South 83 degmes 34 minutes 10 seconds East, 2.92 feet to the POINT OF BEGINiNNING.
EDWARD CM)MSEY, TX. RPLS 05729
JOD H A0504720
PAGE I OF 2
2022114624 Page 6 of 7
Exhibd'B'
63 SQ. FT.
OCARING BASIS:
BEARINGS ARE ORI D NORTI I BASED ON THE TRXAS
COORDINATH SYSTEM CENTRAI.1MAS ZONE (4203)
NAD1S I IARN HORIZONTAL CONTROL.
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I-SOAL D9SCRIPTION
BEING 63 SQUARE FCFT OF LAND, BEING OUT OF LOT 9, BLOCK A. RAMFNDU VILLAS All
LEDBETTER, REPLAT OF FINAL PLAY OF AMENDED SAM BASS 7, RECORDED IN
2022004420 , OFFICIAI. PUBLIC RECORDS, WILLIAMSO ERAS. SAID
63 SQUARE FEET OF LANDTO BE MORE PARTICULARLY i5 )m1r N[)
BOUNDS IN PXIIIBIT W. NI-1-ACHED H[:Rk i'OAND MkfS)i
PAGE 2 OF 2
2022114624 Page 7 of 7
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2022114624
Pages:7 Fee. $46.00
10/04/2022 10:57 AM
LMUELLER
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Nancy E. Rister, County Clerk
Williamson County,Texas
ROUND ROCK
TEXA5
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: ENCR2204-0003 Lot 9 Ramendu Villas - Executed Doc
Department: Planning & Development Services
Text of legislative File CM-2022-228
This agreement allows for the placement of a portion of a private detention pond wall in an existing public
utility easement (PUE); the structure extends approximately 3' into the 10' wide 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 and franchise utility owners are agreeable to
the encroachment.
City of Round Rock Page 1 of 1