CM-2023-057 - 3/24/2023 ELECTRONICALLY ECORDED 2023023513
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 Owner agree as follows:
A. Owner is the owner of property located at 1208 Ledbetter Road, Round Rock,Texas,
78681,a subdivision described as Ramcndu 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 15-foot Waterline Easement dedicated by plat 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-nine (69) 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 retaining wall, as set forth in Exhibit"3,'*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 smbject to the fallowing
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;
ep-2w23 -05-q-
2023023513 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 attomey*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
C, C 2023023513 Page 3 of 7
(10) Relative to any subsequent purchaser of the Property andlor 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
(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 al I conditions of this Agreement.
OWNER
HIGHTOWER FOUNDATION REAL ESTATE
INVESTMENT,LLC
By: A,
Date Signed: 0 131ZO2 3
CITY
CITY OF ROUND ROCK,TEXAS
By: . 29M&II
LumW-WaAL-r,City Manager
i5toop'5 tU0'-'V'*
Date Signed:
[Acknowledgements on following page.)
3
2023023513 Page 4 of I
ACKNOWLEDGMENT
TH E STATE OF
COUNTY 017 .._ 6
This instrument was acknowledged before me on this �3dayof A% -�0,1rj._, 2023,
by (Name), as (Title) of
HIGHTOWER FOUNDATION REAL ESTATE INVESTMETW, 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 con erat n expressed in it.
M,A li"V AN
Notary Public in and for the State
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on thiuAeay of 2023,
by Round Rock City Manager, in the capacity and for the purposes and
y
nsideration therein indicated.
6tzjz ��I
Notary Publi and for the State of Texas
by
"th(
Notary Publi an,
MOMUEADWS
252W3
A,
0.5 MY%my ID#I
MY
V;amb 22,20
4
2023023513 Page 5 of 7
Exhibit A
FIL"
E*MIT"A" 69 SQUARE FEET
ENCROACHMENT AGREEMENT EASEMENT
BEING 69 SQUARE FEET OF LAND,BEING OUT OF LOT 13,BLOCK A.RAMENDU
VILLAS AT LEDBETTER,REPLAT OF FINAL PLAT OF AMENDED SAM BASS 7,A
SUBDIVISION IN WILLIAMSON COUNTY,TEXAS,RECORDED IN DOCUMENT
NUMBER 2022004420, OFFICIAL PUBLIC RECORDS,WILLIAMSON COUNTY,TEXAS,
SAID 69 SQUARE FEET OF LAND TO BE MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING at an iron rod set,in the southerly line ofLot 3,Block B,One Sam Bass,a
subdivision in Williamson County,Tom,recorded in Cabinet E,Slide.236,Plat Records,
Williamson County,Texas,at the northeast corner of Lot 14,Block A,said subdivision,same
being the northwest corner of said Lot 13,Block A,for the northwest comer hereof;
THENCE North 71 degrees 07 minutes 35 seconds East along the southerly lines of Lots 3&4,
Block B,said subdivision, along the northerly line of said Lot 13,Block A, 15.51 feet to an iron
rod set,in said line,at the northwest corner of Lot 12,Block A,said subdivision,same being the
northeast comer of said Lot 13,Block A,for the northeast comer hereof;
THENCE South 39 degrees 19 rWnutes 00 seconds East,along the westerly line of said Lot 12,
Block A,along the easterly line of said Lot 13,Block A,5.62 feet to the southeast comer hereof,
from which an iron rod set in the easterly fine of said Lot 13,Block A bares,53.36 fee;
THENCE South 71 degrees 07 minutes 35 seconds West,through said Lot 13,Block
A, 16.01 feet to a point in the easterly line of said Lot 14,Block A and the westerly line of said
Lot 13,Block A,for the southwest comer hereof from which an iron rod set in the westerly line
of said Lot 13,Block A bares,South 3 9 degrees 19 minutes 00 seconds East,56.11 feet;
THENCE along the easterly line of Lot 14,Block A and the westerly line of said Lot 13,Block
A,North 39 degrees 19 minutes 00 seconds West,3.25 feet and North 17 degrees 50 minutes 30
seconds West, 1.29 feet to the POINT OF BEGINNING.
WITNESS MY HAND THIS(ENCROACHMENT AGREEMENT EASEMENI)
I,Edward Rumsey,licensed to practice Land Surveying in The State ofTgxas,hereby certify that the foregoing
metes and bounds legal description and sketch were based on an on the ground survey,that all visible and apparent
protrusions and encroachments into the easement area at accounted for including but not limited to,building
footprint,eaves,and roof overhangs and an visible improvements whatsoever.
Witness my band and seal this,61h day ofJune,2022 /
EDWARD C.RUMSEY, LS#5729
ALL STAR LAND SURVEYING
9020 ANDERSON MILL ROAD,AUSTIN,TEXAS 78729
TBPELS FIRM NO. 10135000
WCAD/PROP.I.D.4 R079304
JOB 9 A0504720
PAGE I OF 2
2-6230235'13 * Page 6 of 7
Exhibit B
69 SQUARE FEET ENCROACHMENT AGREWENT EASEMENT
BEARING BASIS;
BL04KNOS ARE GRID NORTH BASED ON THE TEXAS
COORDINATE SYSTEM CENTRAL TEXAS ZONE(42031)
10.0`DE HAD83 HARN HORIZONrAl.CONTROL
(CAS.E.SLIDE 236)
MW.C.7x
15.9 ESMT
CITY OF ROUND ROCK LOT 4,BLOCK 6
DOC.NO.2021010105 l ONE SAM BASS
0-p-R.W-C-TX (CABFW I.SLIDE 236)
P.R.W.C.TX
&SQYL ENCROACHMENT
AGREEMENT EASEMENT
LOT 3,BLOCK B OVrOFLOTI3.BLOCKA
ONE SAM BASS RAMENDU VILLAS AT LEDBETTER
"INET E.SLIDE 236) '(DOC.2 04420)
P.R.W.C.TX. RETAINING
WALL
P.O.B. I= I BFARINQ DISTANCE
S,
Ll N7100MVE ism,
L2 S 39919W E 4.0
L3 S 71007350 W 16.01,
IA N 39*19, "W
RIrfABVINO `1 Ls N 1795W30"w I IN
WALL NLlt N 17-5W30- 9=
`PdpO t6 -e
EL12-1 S Ir$"VE 1 12.161
N
LOT 12
BLOCKA
NN 1 /11
w.m --- SCAIE
V.20.
--to-F,
''SE 0
Sw ' LOT 14
BLOCKA
0 20 40
I CMZ RADIUS CHORD LENGTH CHORD BEARING I ARC LEND TH G%l
LEGEND
I
C17 60.6w 15.04, N 71'09'05°E 150$ CALL Powr
I
C33 372.50' 3031, N 16'1e4$"E 20,311 111'ROD WICAPSEVALLSTAR"29"
C-34 387.59 20.04 N 16021W E I 20.04' P0.8. POUT OF BWDWM
StMM DATE JMa4K2= LEGAL DESCRIPTION
Kee NR A0504M
rm.pgv BY, - , BEING 69 SQUARE FEET OF LAM BEINO OUT OF LOT 13,BLOCKA."NWDU VILLAS
CAM,air. DAVIDDAK O
DPAW BY DAVID OAK R==ostosm AT LEDBETTER,REPLA7 OF FINAL PLAT OF AMENDED SAM BASS 7,A SUBDIIASION IN
MS CH= EDWAPM WAIM WMM -IAMSON COUNTY,TEXAS,RECORDED IN DOCUMENT NO.2022004420,OFFICIAL
PUBLIC RECORDS,WILL[AMSON COUNTY,TEXAS,SAID 69 SQUARE FEET OF LA-ND TO
BE MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN E)0iWrr"A",
nLLSTAR ATTACHED HERETO AND MADE A PART HEREOF. OF
If7Landurvaying
9020 ANDERSON MILL RD
AUSTIN,TMW 79729
(512)249-8149 PHONE
($12)331-5217FAX
teeLsvau�f 10 1 smmm PAGE 2 OF 2
2023023513 Page 7 of 7
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2023023513
Pages: 7 Fee: $46.00
03/28/2023 12:08 PM
KCURRIE
Nancy E. Rister, County Clerk
Williamson County,Texas
City of Round Rock
-
ROUND ROCK
-OU
PTFYA5 Agenda Item Summary
Agenda Number:
Title: Consider executing an Encroachment Agreement with Hightower Foundation
Real estate Investment,LLC for the Ramendu Villas Projeci,
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 3/24/2023
Dept Director: Brad Wiseman,Director of Planning and Development Services
Cost: $0.00
Indexes:
Attachments: ENCR2204-0002 Lot 13 Ramendu Villas REV(003)-Executed Doc
Department: Planning&Development Services
Text of Legislative File CM-2023-057
This agreement allows for encroachment of a retaining wall structure across a City waterline easement.
This encroachment does not adversely affect the waterline that conveys through this easement and it is
still fully accessible for maintenance purposes.The document establishes responsibility for ownership,
repair and maintenance of this wall to be that of 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.1