CM-2024-111 - 3/29/2024ELECTRONICALLY RECORDED 2024025608
Williamson County, Texas Total Pages: 9
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between
AUTX 2270 CHIS, LLC a Delaware limited liabty company, whose address is 700 Milam,
Suite 1250, Houston, Texas 77002, and QT SOUTH, LLC, a Texas limited liability company, whose
address is 4705 S 129'h E. Ave., Tulsa, Oklahoma 74134, hereinafter collectively referred to as the
"Owners," 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 Owners agree as follows:
A. AUTX 2270 CHIS, LLC. is the owner of property located at 701 Old Settlers Blvd.,
Round Rock, Texas, 78681, described as being 1.56 acres of land, Lot 2, Block A of
Chisholm Trail Tech Center Section 1, Lot 2, a subdivision in Williamson County,
Texas (the "Property").
B. QT South, LLC desires to install two (2) signs on the Property.
C. City is the record holder of a Public Utty Easement ("PUE") recorded by subdivision
plat in Document No. 2020064560 of the Official P'Liblic Records of Williamson
County, Texas (the "Easement Area").
D. The Owners have requested that the City allow an encroachment on or over a portion
of the Easement Area, with the Encroaching Structures being two (2) gasoline
advertisement signs, as set forth in Exhibit "A" and Exhibit "B," attached hereto and
incorporated herein by reference for all purposes ((he "Encroaching Structures").
execution of this Agreement, the City grants its limited consent for the Owners to
encroach on or over a portion of the Easement Area strictly subject to thefollowing
conditions:
(1) The Encroaching Structures may be located only as depicted on the
attached Exhibit and Exhibit "B," and that no further encroachment
or improvements of any kind in the Fasement Area shall be allowed;
(2) The exi5tence of the Encroaching Structures shall be subject to any and
a] 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 Structures
shall be solely at the risk and liability of the Owners, and not at the risk
and liability of the City in any manner whatsoever;
(4) Removal of the Encroaching Structures, or the encroaching portion
thereof, shall cause the immediate ten-nination of this Agreement;
2024025608 Page 2 of 9
(5) The permission of the City in allowing the Encroaching Structures 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 shall never be responsible in arM
matter whatsoever for damage caused to the Encroaching Structurml
related to the City's operation, maintenance, or installation of utiliti
contained within the Easement Area;
(7) The Owners 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 Owners 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 Owners 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 Owners,
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;
(8) Relative to any subsequent purchaser of the Property and/or t
Encroaching Structures, the Owners expressly agree to adequate
inform any such purchaser of the existence of this Agreement a
provide a copy of same; and
(9) This Agreement shall be binding on and inure to the benefit of the pa
their respective successors and assigns. This Agreement and all of
provisions are solely for the benefit of the parties hereto and do not a
are not intended toto create or grant any rights, contractual or otherwi
t1 any third person or entity.
2024025608 Page 3 of 9
By execution below by the Owners and the respective appropriate authorities of the City
of Round Rock, `texas, the signatories bind the entities to obey all conditions of this Agreemcrit.
OWNER
AUTX 2270 CH IS, LLC
I
By:
Date Signed:
OWNER
QT SOUTH, LLC
I yZ:1 ?-I
B- '�L '14
-------------
Date Signed:
CITY
CITY OF ROUND ROCK, TEXAS
By:
City Manager,
Date Signed:
1
2024025608 Page 4 of 9
ACKNOWLEDGMENT
THE STATE OF
COUNTY OF
cL
runtenI %%ns acknou le red k •lore in;: on thin the Oq&NdVy «f the Aiionth
cif _ 2024. b {Name}.
(Title) of AUTX 2270 CHIS, LLC, a Delaware limited liability company, known by me to be the
person tivlt,p tame is subscribed to the foregoing instrument, and acknowledged to me that he
11�1�1! g $
rxcAtti�dythe act and deed of and on behalf of said entity and in the capacity and for
th- tc
n eration therein expressed.
• � r
s h Notary Public in and forte fate of
�rF OF
%, :�;1253Z'• ��`~ ACKNOWLEDGMENT
���--"'1RES7• ��
11 H." �'('d'1f 4 15
COUNTY OF 6 E K tl R-
This instrument was acknowledged before me on this the �k54''' day /of the month
Of AAA-,-c_k , 2024, by A!f x g t. (Name),
(Title) of qT SOUTH, LLC, a Texas limited liability company, known by me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same
as the act and deed of and on behalf of said entity and in the capacity and for the purposes and
consideration therein expressed.
MIKE WOOTEN
Notary Public. State of Texas
Comm. Expires 12-10-2025
Notary ID 133484120
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
!-� .
ot(rkyp
Nli in and for the State of _ 7Exq,5
ACKNOWLEDGMENT
This instrument was acknowledged before me on this 244"day of , 2024,
by L urie-Hadley, Round Rock City Manager, in the capacity and for the purposes and
onsideration therein indicated.
r; ,, inI1F hary P Iic�idr the State of Texas
2024025608 Page 5 of 9
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RECORDERS MEMORANDUM
r I or parts of the tent on this page pares not
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2024025608 Page 6 of 9
MAiHIN i i '�
BEGINNING at a point in the northerly line of a existing 10' P.U.E. as shown on said Plat and for the northeast comer
of the tract described herein, from which a found I/z" iron rod with a red plastic cap stamped "Baker Aicklen" at the north
end of a cutback in the southerly right-of-way line of F.M. 3406 and for a northeasterly comer of said Lot 2, Block A
bears, N 65' 22' 18" E, a distance of 132.74 feet;
THENCE: Across said Lot 2, Block A and said existing 10' P.U.E., the following three (3)courses:
I . S 170 07' 09" E, a distance of 7.46 feet to a point for the southeast comer of the tract described herein,
2. S 720 521 52" W, a distance of 9.47 feet to a point for the southwest comer of the tract described herein, and
3. N 170 07' 08" W, a distance of 7.46 feet to a point in the northerly line of said existing M' P.U.E., for a point
of curvature and the northwest comer of the tract described herein, from which a found Vz" iron rod with a orange
plastic cap stamped "Diamond" in said right-of-way line and for the northwest comer of said Lot 2, Block A
bears, S 86' 35' 23" W, a distance of 90.77 feet;
THENCE: With the northerly line of said existing 10' P.U.E., continuing across said Lot 2, Block A and a non -tangent
curve to the right having a radius of 1188.24 feet, an arc length of 8.47 feet, a delta angle of 00 24'3 1" and a chord bears,
N 720 53' 41" E, a distance of 8.47 feet to the POINT OF BEGINNING and containing 0.001 of one acre of land
situated in the City of Round Rock, Williamson County, Texas.
Note: The basis of bearing was established using the Trimble VRS Network, NAD (93), Texas State Plane Coordinate
System, Central Zone, 4203, US Survey Foot, Grid. A survey plat was prepared by a separate document. Field work
performed on in August 2021.
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2024025608 Page 7 of 9
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PROPOSED P.U.E. ............
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RECORDERS MEMORANDUM
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2024025608 Page 8 of 9
MATHIN i i '
A Proposed P.U.E. Encroachment, being 20.20 square feet land, located in the David Curry Survey, Abstract 130,
Williamson County, `Texas and being across Lot 2, Block A of the Chisolm Trail Tech Center, Section 1, Lot 2
Subdivision Plat of record in Document No. 2020064560 of the Official Public Records of Williamson County, Texas.
Said Proposed P.U.E. Encroachment being more particularly described by metes and bounds as follows:
BEGINNING at a point for the northeast comer of the tract described herein, from which a found V2" iron rod with a red
plastic cap stamped "Baker Aicklen" for an angle in the westerly right-of-way line of Chisolm Trail Drive and the east
line of said Lot 2, Block A, bears, N 08' 19'09" E, a distance of 49.22 feet;
THENCE: Across said Lot 2, Block A, the fallowing two (2) Courses:
I. S 00' 00' 34" W, a distance of 8.08 feet to a point for the southeast comer of the tract described herein, from
which a found 1/2" iron rod with orange plastic cap stamped "Diamond" in said right-of-way line and for the
southeast comer of said Lot 2, Block A bears, S 08' 53' 10" E, a distance of 51.08 feet, and
2. N 890 59' 26" W, a distance of 2.47 feet to a point in the westerly line of an existing 10' P.U.E. as shown on
said Plat and for the southwest comer of the tract described herein;
THENCE: N 00124136" W, with said existing 10' P.U.E. and continuing across said Lot 2, Block A, a distance of 8.08
feet to a point for the northwest corner of the tract described herein;
THENCE: S 890 591 26" E, across said 10' P.U.E. and said Lot 2, Block A, a distance of 2.53 feet to the POINT OF
BEGINNING and containing 20.20 square feet of land situated in the City of Round Rock, Williamson County, Texas.
Note: The basis of bearing was established using the Trimble VRS Network, NAD (83), Texas State Plane Coordinate
System, Central Zone, 4203, US Survey Fool, Grid. A Survey plat was prepared by a separate document. Field work
performed on in August 2021.
2024025608 Page 9 of 9
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2024025608
Pages- 9 Fee: $65.00
04/01 /2024 03.02 PM
AFAULKNER
1 AST40f
F�
Gti,
Nancy E. Rister, County Clerk
Williamson County,Texas