CM-2023-054 - 3/24/2023ELECTRONICALLY RECORDED 2023023030
Williamson County, Texas Total Pages: 6
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between
BRIAN ENDER, hereinafter "Owner," whose current address is 2713 Creek Bend Circle, Round
Rock. Texas 78681, 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 2713 Credo Bend Circle, Round Rock, Texas
78681, described as being Lot 22, Block B, Creek Bend Section II, a subdivision in
Williamson County, Texas (the "Property").
B. City is the record holder of a Drainage Easement recorded in Cabinet F. Slides 144-
146, Plat 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, with the Encroaching Structure being in the nature of a 264 square
feet swimming pool and wooden deck, as set forth in Exhibit "A," 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 wricdy srrhject to Ilse 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,
(5) The pennission 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
_ 23-054
2023023030 Page 2 of B
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;
(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
2023023030 Page 3 of 6
(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
BRIAN ENDER
By:
Brian Ender, Owner
Date Signed: -5 - %3 —C;L.?
CITY
CITY OF ROUND ROCK, TEXAS
By: '
—LaucielfOey, 0ty Manager
Date Signed: 3
[Acknowledgements on following page.]
3
2023023030 Page 4 of 6
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this day of g!f&o-. J, , 2023,
by Brian Ender, whose name is subscribed to the preceding instrument, and acknowledged to me
that he executed it for the purposes and consideration expressed in it.
EC
ROBERT:P)L
NotarySTATE O,o ElM 131015
el mr. e2t 2a5
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
Notary Public in and for the St5vf Texas
This instrument was acknowledged before me on this day of ffi� , 2023,
by L herRound Rock JCity Manager, in the capacity and for the purposes and
cons' eration teon indicated.
Notary Public in anIf for the State of Texas
MONIMADAMB
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2023023030 Page 6 of 8
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2023023030
Pages: 6 Fee: $46.00
03/28/2023 08:31 AM
MBARRICK
Nancy E. Rister, County Clerk
Williamson County,Texas
ITRIOUNO
=0(
TEXAS
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing an encroachment agreement with the owner of 2713 Creek
Bend Circle for the encroachment of a swimming pool into the City's drainage
easement.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 3/24/2023
Dept Director: Brad Wiseman, Planning and Development Services Director
Cost:
Indexes:
Attachments: LAF - Encroachment Agreement-2713 Creek Bend.pdf, Encroachment
Agreement.pdf
Department: Planning & Development Services
Text of Legislative File CM-2023-054
This is an application to allow the property owner of 2713 Creek Bend Circle to encroach on or over a
portion of the Easement Area. The proposed encroaching structure, a swimming pool, will encroach 22
ft. into the drainage easement at most and 30 ft, from the eastern property line with Lot 21 (Cabinet F,
Slides 144-146).
Section 10-33 of the Subdivision Ordinance allows a landowner to request the vacation of an easement
established by an approved plat or by separate instrument. The easement per plat goes along the backs
of all the lots in the subdivision backing up to Brushy Creek and extends through the fioodplain and to
the creek centerline, therefore, an encroachment agreement is better suited for this request.
The City of Round Rock Utilities and Environmental Services Department has consented to the propose,
encroachment agreement.
Recommended Action: Staff recommends approval of the encroachment agreement.
City of Round Rock Page 1 of 1