Contract - Tri Pointe Homes Texas, Inc. - 9/1/2023 ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter"Agreement," is made and entered into between TRI
POINTE HOMES TEXAS, INC, hereinafter "Owner," a Texas corporation, whose current
address is 13640 Briarwick Drive, Suite 170, Austin, Texas 78729, 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 described as Homestead Phase 3, 5, 6, 10, Block A,
Lots 53 and 44, in Williamson County,Texas(the"Property").
B. City is the record holder of a Public Utility Easement recorded in Document No.
2021157391 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 a private
storm drain to connect into the public storm curb inlet, 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:
(l) 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;
4894-6283-9094/ss2
ENCR2209-0002
N-ZUZ3-2 V
(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;
(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
2
(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
TRI POINTE HOMES TEXAS, INC.
a Texas corpora 'on
By: _
j*A- �
Date Signed: /0/LylL2
CITY
CITY OF ROUND O C,TEX
By:
, City Manager
k CA.
Date Signed: 2-0 2:;z.
[Acknowledgements on following page.]
3
ACKNOWLEDGMENT
THE STATE OF —1
COUNTY OF W1�`��
\1&s'in=met was acknowledged before me t 's ZN of �1 , 2022,
by _ (Name), as V� V%(Title) of TRI
POME HOMES .XAS, INC., a Texas corporation, w�sr-n me is subscribed to the
preceding instrument, and acknowledged to me that executed it for the purposes and
consideration expressed in it.
Tmyw
' 84%ofTWS Notary fo State of :re,cas
comm.Eg.*26.2=
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
Z3
This instrument was acknowledged before me on this �� day of ' 202.9-,
by Round Rock City Manager, in the capacity and for the purposes and
onsideration�indicated.
A
My MONIQUEADAMS
913 aotary Public in a for the State of Texas
126257
*` '•= March 22,2026
4
xhibit "A" m =
x wnj
o
® � w
HOMESTEAD AT OLD SETTLERS PARK ~
0 6' PHASES 3,5,6,AND
10 z
UJI
SCALE:1'=6' DOC.N0.2021157391 = Q Cr
O.P.R.W.C.T.
I UU
LEGEND Q O m z
�°.-cMC� I
� m Jo0
/� w — z
Kr.—OF.NAY I z Ln I] *0 0
I w -j
z0 0
°0000 —j Q = a
Doco
cooY
0000 0
0Go (n O
coo
I °o°o U a
BLOCK a W o
LOT 52 I � O
U-
I 10.00'
P.U.E. ` t
•
I I
PROPERTY
LINE � 1.50'
SD�■
45.OQ' S,
V WIDE ENCROACHMENT
INTO P.U.E.CENTERED J r
ON FRENCH DRAIN0
f —Z
BLOCK A I a w
LOT 53 I ° $
I0x
I I �Z
l jt
Drawtrp:C.Vs*M CWrasquiokKTC&AKTCS ALL- tagQWER19001-03-Crossman Ranch Ph 3 CDsICAD1WoMngWAC%Hom@sieao an 3•irmxn Drain W 53 Exh
Exhibit "A" ~
N
X wN
HOMESTEAD AT OLD SETTLERS PARK LLJ
PHASES 3,5,6,AND 10
0 6 DOC.NO.2021157391 Z N
O.P.R W.C.T. w
SCALE:I'=6' _ Q a Lu
Y
a
LEGENDBLOCK A I O -1 w =O
O LOT 43 I co � o u
U uwi °d O
.ui� w pro N
+ ui ¢
mor ntcranc� Z o O nj J
��� 04M�QM[MK J Q
0 CL
�� 10GMT-0I.Il�v
S X
OLLI
10,00' _ ui X
P.U.E. () p
W z
0 1 � °�
PROPERTY LL
LINE � 150' — � — I 0 � O
—SO 0 15.00' ❑
` 22.50' I
45.00' 1
45.00T`s0 D
�1TO 24' T WIDE ENCROACHMENT
OUTSIDE TO OUTSIDE INTO P.U.E.CENTERED
iON FRENCH DRAIN
16.59'
IW�
BLOCK A _T
LOT 44
vR
7•J�'
V'W LL
_o
LL
xm
l 11 -
1 ai
U�
a
' Drawsp:C:1usarslaraTrasqumoVCTCmWTCS ALL-Ffo ectvKerllageVAER19001.03-Gvssman Ranch Ph 3 CDs%CAD%womng'AmC%momesleao Ph 3•Fmnm Drum lot 44 Em+
Exhibit "A"
i
1
0 6'
SCALE:1'=6'
1
(
LEGEND I
1
FD 4"DIA,PVC FRENCH I
DRAIN CENTERLINE
RIGHT-OF-WAY
LICENSE I
AGREEMENT
AREA
I
HOMESTEAD AT OLD SETTLERS PARK
PHASES 3,5,6,AND 10
DOC.NO.2021157391 0°0°0°0
O.P.R.W.C.T. °o°Oa°0
00000
000
I °0°0
I 0°00
000
p 0000
FBLOCK A I o00
3 LOT 52 I
I 10.00'
PUE
D `
RENCH ORAIN EXISTING
PROPERTY I FLOW LINE AT CURB INLET M04
LIN I p,W.=701.00
FO------
4 s.0o•
f
FRENCH DRAIN SLOPE
FROM R 0 W LINE TO
u INLET=-2 0%
BLOCK A `
LOT 53 I
� I
I
CIVILi FRENCH DRAIN M LICENSE AGREEMENT
6805 N.CAPITAL TEXAS HIGHWAY I SUITE 715
AUSTIN,TEXASS Mentage HOME STEAD AT OLD SETTLERS PARK
78731 TEL(512)756-7474 PH 3,5.6&10 SHEET
TBPE FIRM NO.F-18129 ROUND ROCK,WILLIAMSON COUNTY,TEXAS 3 OF 5
Exhibit "A"
i
0 s' I
HOMESTEAD AT OLD SETTLERS PARK
SCALE: 1"=6' PHASES 3,5.6.AND 10
DOC.NO.2021157391
O.P.R.W.C.T.
LEGEND
O ELECTRIC OR GAS
SERVICE PIPE i I
VX1'F_LECTRIC PULL BOX
FD 4"DIA.PVC FRENCH , I
DRAIN CENTERLINE 1
-- -- RIGHT-OF-WAY
LICENSE I
a3 AGREEMENT
AREA
I
EXISTING
BLOCK A I CURB INLET R04
LOT 43 }0.00'
s. P.U.E.
O I
PROPERTY
LINE I 0
-170
' 22.50'
� FDS^+FD
RENCH DRAIN RENCH DRAIN SLOPE
FROM R.O.W.LINE TO
FLOW LINE AT INLET=-1.2%
WATERLINE=703.5
v I
> I
BLOCK A
a LOT 44
e I
� I
u I
T
4 I
I I
I
CIVIL
� FRENCH DRAIN R LICENSE AGREEMENT
'
entage
6805N CAPITAIOFTEXAS HIGHWAY J SUIT
E315 HOMESTEAD AT OLD SETTLERS PARK
SHEET
AUSTIN.TEXAS 78731 I TEL(512)758.7474 PH 3.5.6&10
72PE FIRMNO F•18129 ROUND ROCK, WILLIAMSON COUNTY,TEXAS 50175
City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing an Encroachment Agreement with Tri Pointe Homes Texas,
Inc.for the Homestead at Old Settlers Park Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 9/1/2023
Dept Director: Brad Wiseman, Director of Planning and Development Services
Cost: $0.00
Indexes:
Attachments: ENCR2209-0002 HOSP 3,5,6,&10-Executed Doc
Department: Planning&Development Services
Text of Legislative File CM-2023-200
This agreement allows for encroachment of two private French drains, on lots 44 and 53, across a public
utility easement.This encroachment does not adversely affect the public storm infrastructure that conveys
through this easement, and the easement is still fully accessible for maintenance purposes by the City.This
document establishes responsibility for ownership, repair, and maintenance of these drains to be that of
the property owner and not the City.The City's Utilities Director is agreeable to the encroachment.
City of Round Rock Page 1 of 1