CM-2023-163 - 7/21/2023ELECTRONICALLY RECORDED 2023060785
Williamson County, Texas Total Pages: 7
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between
OPTIONALITY HOLDINGS, LLC, hereinafter "Owner," a Texas limited liability company,
whose mailing address is 1304 W. Industrial Blvd., 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 1700 Chisolm Trail Road, Round Rock,
Texas, described as a 14.116 acre tract of land, Lot I, Round Rock Commerce Park
Subdivision, a subdivision recorded in Document No. 2020148955 of the Official
Public Records of Williamson County, Texas (the "Property").
B. City is the record holder of a Water Line Easement, dedicated in Document No.
2023015536 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, with the Encroaching Structure being in the nature of fencing, 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 strictly subject to the 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 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;
ENCR2301.0001
C-?_D23-/6,:�
2023060785 Page 2 of 7
(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; and
(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.
2
2023060785 Page 3 of 7
(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
OPTIONALITY HOLDINGS, LLC
By: 1-11
Date Signed: Of /�
CITY
CITY A101FUND ROCK, TEXAS
By:
Laurie Hadley, ty Manager
Date Signed: 2- 20 7Z3
[Acknowledgements on following page.1
2023060785 Page 4 of 7
ACKNOWLEDGMENT
THE STATE OF "-J„y,0LS
C:0UN'l Y OF IL1tit7.A=V)
This instrument was acknowledged before me on this I-rday of 2023,
by ��Y\O�.c_'�A�AV�QX (Name), as _QW�n.+X (Title) of
OPTIONALITY HOLDINGS, LLC, a Texas limited liability company, whose nano is
subscribed to the preceding instrument, and acknowledged to me that he executed it for the
purposes and consideration expressed in it.
� '�iY JIJEfACEIIYAN
Notary 10 $11Z4$0174
1AV Commission E>,plras
r " January Z6. 202'S
THE STATE OF TEXAS
q
NoPuhiic in and for the ate of 't4—X6�5
RIC"'IAL1 11-4.01tle
COUNTY OF WILLIAMSON
2�5�
This instrument was acknowledged before me on this day of j4bV , 2023,
by Laurie Hadley, Round Rock City Manager, in the capacity and for the pu oses and
consideration therein indicated,
MONMADAW
15.FAY N to y ID # 12VV913
r,�.�.y�.: a0m March 22, 2026
Notary Public in nd For the State of'fexas
2023060785 Page 5 of 7
Exhibit "A"
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2023060786 Page 7 of 7
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2023060785
Pages: 7 Fee: $58.00
07/24;'2023 02,06 PM
OSALINAS
i•
Nancy E. Rister, County Clerk
Williamson County,Texas
City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing an Encroachment Agreement with Optionality Holdings, LLC
for the Round Rock Commerce Park Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 7/21/2023
Dept Director: Brad Wiseman, Director of Planning and Development Services
Cost: $0.00
Indexes:
Attachments: ENCR2301-0001 Round Rock Commerce Park - Executed Doc
Department: Planning & Development Services
Text of Legislative File CM-2023-163
This agreement allows for the placement of a portion of a private fence in an existing City of Round Rock
waterline easement Doc.2023015536. 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.
C1ry of Round Rock Page 1 of 1