CM-2023-220 - 9/29/2023ELECTRONICALLY RECORDED 2023083279
Williamson County, Texas Total Pages: 13
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between
CLEAR CREEK RANCH CONDOMINIUM COMMUNITY, INC., a Texas non-profit
corporation, hereinafter "Owner," whose mailing address is c/o Brohn Homes, 6720 Vaught Ranch
Road, Suite 200, Austin, Texas 78730, 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 condominium unit owners association established pursuant to the
Declaration of Condominium Regime for Clear Creek Ranch Condominiums, recorded
in Document No. 2023D( , to administer the condominium regime located at
2605 Sam Bass Road, Round Rock, Williamson County, Texas, described as Lot 2,
Block A, Clear Creek Ranch, a subdivision as recorded in Document No. 2020097678
of the Official Public Records of Williamson County, Texas (the "Property").
B. City is the record holder of a Water mine Easement dedicated in Document No.
2022116653 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 a private storm sewer line(s),
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, other than those encroachments and improvements that are
expressly permitted within the Easement Area pursuant to the Water Line
Easement, shall be allowed in the Easement Area;
(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;
FNCR2303-9002
- -- -
2023083279 Page 2 of 13
(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;
(6) The parties expressly agree that the City and other public utilities, upon
a reasonable determination of the existence of an emergency
necessitating the removal of the Encroaching Structure, or any portion
thereof, shall have full authority to remove the Encroaching Structure, or
any portion thereof, 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 reasonably determined by the City to
necessitate the removal of the Encroaching Structure, or any portion
thereof, the Owner agrees to be solely responsible for removal of the
Encroaching Structure, or any portion thereof, 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
2
2023083279 Page 3 of 13
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
tennination of this agreement; and
(10) Relative to any subsequent purchaser of a condominium unit within the
regime located on 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.
(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
CLEAR CREEK RANCH CONDOMINIUM
COMMUNITY, INC.
A Texas non-profit corporation
By:
Adam Boenig, President
Date Signed: .41aL/
CITY
CITY O ROUND DOCK, TEXAS
By. ---
Laurie Hadley, City Manager
Date Signed: fi
[Acknowledgements on following page.]
2023083279 Page 4 of 13
ACKNOWLEDGMENT
THE STATE OF
COUNTY OF
This instrument was acknowledged before me on this day of , 2023,
by Adam Boenig, President of Clear Creek Ranch Condominium Community, Inc a Texas non-
profit corporation, whose name is subscribed to the preceding instrument, and acknowledged to
me that he executed it for the purposes and consideration expressed in it.
a � � tsF Mane Rlvenbar'K
i uornm.ssEon Expires
ujp p r i., 1io t235i584
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
P %'fh
This instrument was acknowledged before me on this day of %- .° , 2023,
by Laurie Hadley, Round Rock City Manager, in the capacity and for the purposes and
consideration therein indicated.
�y MONIQUE ADAMS
a a'
MytJotaryid#126257�13 Notary Public in a d for the State of Tex s
*;'• Expires March 22, 2026
..r.•
4
Exhibit "A"
2023083279 Page 5 of 13
ENCROACHMENT AREA 1:
4.8 SF (+/-3 LF) OF
PRIVATE SS ENCROACHME
INTO WATER EASEMENT
OCCUMENT #2022116653
ENCROACHMENT AREA 2,
34.4 SF (+/-21 LF) OF d
PRIVATE SS ENCROACHMENT
INTO WATER EASEMENT
DOCUMENT #2022116653 \ \\\
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4.8 SF (+/-3 LF) OF /7
PRIVATE SS ENCROACHMENT
INTO WATER EASEMENT
DOCUMENT 3
5.3 SF (+/-4 LF) OF
PRIVATE SS ENCROACHM
INTO WATER EASEMENT
DOCUMENT §2022116653
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p JAMIS014 CIVIL ENGINrEERING LLC
CLEAR RANCH (TX. PE FIRM REG. #F-17756)
13812 RESEARCH BLVD. #8-2
WATER EASEMENT AUSTIN, TEXAS 78750
OFFICE: (737) 484-0880 JCE
ENCROACHMENT {NFO@JAMISONENG.COM
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2023083279 Page 6 of 13
AREA OF PRIVATE SS ENCROACHING INTO
WATER EASEMENT DOC #2022116653
i , 1 ENCROACHMENT AREA 3:
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SCALE IN FEET
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DOCUMENT 2022116653 : 1 1 , DOCUMENT #2022115653
FAT AREA Fi- ` / 1 1 ENCR0AC4i6?ENT AREA 11:
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2023083279 Page 7 of 13
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EXHIBIT 3
JAMISON CIVIL ENGINEERING LLC i
(TX. PE FIRM REG. OF-17756)
13812 RESEARCH BLVD. #B-2
AUSTIN, TEXAS 78750
OFFICE; (737) 484-0880 JCE I
INFO JAMISONENG.COM
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2023083279 Page 8 of 13
Exhibit "A"
AREA OF PRIVATE SS ENCROACHING INTO
WATER EASEMENT DOC #2022116653
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1127.4 SF (+/-860 LF) OF
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INTO WATER EASEMENT
DOCUMENT 62022116653
RANCJAMISOM CIVIL ENGINEERING LLC
CLEAR CREEK H (TX. PE FIRM REG. #F.17756)
13612 RESEARCH BLVD. 48-2
WATER EASEMENT AUSTIN, TEXAS 78750
OFFICE: (737) 484-0380 JCE
ENCROACHMENT INFO@JALilSONENG.COM
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Exhibit "A.
2023083279 Page 9 of 13
- - � - 1127.4 5F (+/-864 LF) OF
PRIVATE SS ENCROACHMEN
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DOCUMENT 02022116653
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JAMISOM CIVIL ENGINEERING LLC
(TX. PE FIRM REG. #F•17756)
13312 RESEARCH BLVD. 9B-2
AUSTIN, TEXAS 78750
OFFICE: (737) 484-OB80 J E
INFO@JAMISONENG.COM
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Exhibit "A"
2023083279 Page 10 of 13
1127.4 SF (+/-680 LF) OF
PRIVATE ENCROACHMENT
INTO WATER EASEYENT
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WATER EASEMENT
ENCROACHMENT
EXHIBIT 6
SCALE IN FEET
60 30 0 60
AREA OF PRIVATE SS ENCROACHING INTO
WATER EASEMENT DOC #2022116653
JAMISON CIVIL ENGINEERING LLC
(TX. PE FIRM REG. #F-17756)
13812 RESEARCH BLVD. 98-2 j C
AUSTIN, TEXAS 78750
OFFICE: (737) 484-0880
INFO@JAMiSONENG,COM
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2023083279 Page 11 of 13
Exhibit "A"
2023083279 Page 12 of 13
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2023083279 Page 13 of 13
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2023083279
Pages: 13 Fee: $94.00
10/04/2023 09.26 AM
MBARRICK
1 AST40f
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Gti,
Nancy E. Rister, County Clerk
Williamson County,Texas