CM-2023-200 - 9/1/2023ELECTRONICALLY RECORDED 2023075150
Williamson County, Texas Total Pages: 10
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:
(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;
4994-6283-9094/ss2
ENCR2209- 2
I �4 4 ?_ _0Z � 0 V
2023075150 Page 2 of 10
(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
0
2023075150 Page 3 of 10
(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
TRI POINTE HOMES TEXAS, INC.
a Texas corpora 'on
By:
Date Signed: 0 ZLqlj_S
CITY
CITY OF ROUND .ROCK, TEXAS
01
By:
-sane 1acl}ep; City Manager
k PCA.
Date Signed: 0 �2—
[Acknowledgements on following page.]
2023075150 Page 4 of 16
ACKNOWLEDGMENT
THE STATE OF it
COUNTY OF 1�a 'Sim
gsinUme t was acknowledged before m this V ` of ' 2022,
by h _ {Name), as itle) of TRI
POME HOMES AAS, INC., a Texas corporation, w n me is subscribed to the
preceding instrument, and acknowledged to me that ,h- executed it for the purposes and
consideration expressed in it.
* *&=
Comm
e of 1#01-&S
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this �day of , 202�211
bby�' -ice Round Rock City Manager, in the capacity and for the purposes and
onsideration�indicated.
IQUE ADAMS
MON otary Public in a for the State of Texas
My Notary ID # 126257913
E)#M March 22, 2026
11
2023075150 Page 5 of 10
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FRENCH DRAIN ENCROACHMENT EXH1131TI:
LOT 53 BLOCK A
Me'ritacie,
HOMESTEAD AT OLD SETTLERS PARK
AUSTIN, TEXAS 76731 1 TEL 1512) 758-7474
PH 3.5,6 & 10
M
TOPE F9RA4 NO F-13$29 Hu f 1- 1.(2,-)
ROUND ROCK, WILLIAMSON COUNTY. TEXAS
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2023075150 Page 6 of 10
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2023075150 Page 7 of 10
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SCALE: I'= 6'
LEGEND
FD- 4" DIA, PVC FRENCH
DRAIN CENTERLINE
RIGHT-OF-WAY
LICENSE
AGREEMENT
AREA
HOMESTEAD AT OLD SETTLERS
PHASES 3,5,6, AND 10
ROC. NO. 2021157391
O.P.R.W.C.T.
LOCK A
LOT52
PROPERTY
LIN
D
@LOCK A
LOT53
kiCIVIL
6805 N. CAPITAL OF TEXAS HIGHWAY I SUITE 315
AUS'DN, TEXAS 7873$ TEL (SQ) 758-7474
T8PE FRM NO, F-14129
H0Mf'STEA0 AT OLD SETTLERS PARK
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
2023075150 Page 8 of 10
ME
1
6'
HOMESTEAD AT OLD
SCALE: 1'= 6'
PHASES 3,5,6
DOC, NO. 2W
O.P.R.W.
LEGEND
ELECTRIC OR GAS
®
SERVICE PIPE
El
VXVELECTRIC PULL BOX
-FD-
4"DIA. PVC FRENCH
DRAIN CENTERLINE
RIGHT-OF-WAY
LICENSE
AGREEMENT
AREA
BLOCK A
LOT 42
PROPERTY
LINE
BLOCK A
LOT44
FRENCH DRAIN R LICENSE AGREEMENT
rites'
HOMESTEAD AT OLD SETTLERS PARK
PH
'A ROUND ROCK, WILLIAMSON COUNTY, TEXAS
2023075150 Page 9 of 10
ROUND ROCK
TEXAS
City of Round Rock
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
2023075150 Page 10 of 10
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2023075150
Pages: 10 Fee: $58.00
09/07/2023 02.21 PM
OSALINAS
1 AST40f
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Nancy E. Rister, County Clerk
Williamson County,Texas