CM-2024-164 - 6/14/2024ELECTRONICALLY RECORDED 2024048069
Williamson County, Texas Total Pages: 6
This Encroachment Agreement, hereinafter "Agreementis made and entered into betwe
ATLANTIC URBANA MEADOWLAKE,hereinafter "Owner," a Delaware limit
liability company, whose current address is 3755 South Capitol of Texas Highway, WO, Austill.
Texas 78704, and the CITY OF ROUND ROCK, TEXAS, hereinafter the "City," a municip
home-nite corporation whose address is 22t E. Main Street, Round Rock, Texas 78664, a
becomes effective on the date indicated below. The City and the Owner agree as follows: I
A. Owner is the owner of property located at 3350 College Park Drive, Round Rock,
Texas, 78665, described as being 49.572 acres of land out of the George W. Glasscock
Survey, Abstract No. 267, Urbana at Meadow Lake Subdivision, recorded in
Document No. 2022124639 of the Official Public Records of Williamson County,
Texas (the "Property").
B. City is the record holder of a 10 Public Utility Easement located on both sides of
College Park Drive, recorded by plat in Document No. 2022124639 of the Official
Public Records of Williamson County, Texas (the "Easement Area').
C, The Owners have requested that the City allow an encroachment on or over a por-tion
of the Easement Area, with the Encroaching Structure being in the nature of various
landscaping improvements, 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 Owners to
encroach on or over a portion of the Easement Area strictly subject to thefollowing
conditions:
(1) The Encroaching Structure may be located only as depicted on th'i
attached Exhibit 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;
13) Use, maintenance, repair and removal of the Encroaching Structure sh
solely at the risk and liability of the Owners, and o nt at the risk a
liability of the City in any manner whatsoever; I
be t
(4) Removal of the Encroaching Structure, or the encroaching portion
thereof, shall cause the immediate termination of this Agreement;
ENC 24-00000 PUE Urban Moment
2024048069 Page 2 of 6
(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 shall not be responsible for
damage caused to the Encroaching Structure by the continued and
intended use of the pipes to convey storm water flows as designed;
(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 fight 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 liabties are predicated on contract, tort, strict liabty 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 an-ilor the
Encroaching Structure, the Owners expressly agrees to adequately
inform any such purchaser of the existence of this Agreement and
provide a copy of same; and
(9) This Agreement shall be binding on and inure to the benefit of the parties,
their respective successors and assigns. This Agreement and all of its
provisions are solely for the benefit of the parties hereto and do not and
are not intended toto create or grant any rights, contractual or otherwise,
to any third person or entity.
M
2024048069 Page 3 of 6
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ATLAANTIC NA ME�ADOWLAKE, LLC
By:
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ate Signed:
CITY
CITY OF R UND ROCK, TEXAS
By:
--------------- - --------- - ------
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Laurie Hadley, City Manage
Date Signed:
2024048069 Page 4 of 6
THE STATE OF Tg((kS
COUNTY OF -CC&46
-0^
This instrument was acknowledged before me on this the day of the month
of hNocov, --5 2024, by J�CA__W _, (Name), VjAe_.., AC�&_
(Title) of ATLANTIC URBANA MEADOWLAKE, LLC, a Delaware limited liability
comwiang* known bp me to be the Ltierson whose name is subscribed to the fore6oitM instrument'.
and acknowledged to me that he executed the same as the act and deed of and on behaif of said
entity and in the capacity and for the purposes and onsi h pressed.
Public in and for the State of
COLTON KATZEN
S Notary Public, State of Texas
Comm. Expires 11-03-2027
$fill 0 Notary ID 134632879
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this J�day of 2024,
by Laurie Hadley, Round Rock City Manager, in the capacity and Qfot'—' he --- os-es and
consideration therein indicated.
' f�-7 0
M%MQUEADAMS Notary Public i and for 4the State of Te s
My "ry ID # 126267913
EV= MaO 22,2028
El
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ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2024048069
Pages- 6 Fee: $45.00
06/18/2024 08.23 AM
CFIRESTONE
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Nancy E. Rister, County Clerk
Williamson County,Texas