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CM-2025-196 - 8/1/2025 ELECTRONICALLY RECORDED 2025061522 Williamson County, Texas Total Pages: 8 ENCROACHMENT AGREEMENT This Encroachment Agreement, hereinafter "Agreement," is made and entered into between by SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION, whose address is 2401 South 3 Pt Street, Temple, Texas 76508, 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 located at 300 University Blvd, Round Rock, Texas, 78665, described as being Lot IA,Block A,of Replat of Lot 1, Block A, Scott and White Subdivision Section One, a subdivision situated in the City of Round Rock, in Williamson County, Texas, as it appears on the map recorded in Cabinet EE, slides 224-227 of the Williamson County Plat Records, also embracing a portion of the tract described in the deed to Scott and White Memorial Hospital and Scott,Sherwood and Brindley Foundation,recorded in Document No. 1997033254 of the Williamson County Official Public Records (the "Property"). B. City is the record holder of a Storm Sewer and Drainage Easement recorded by plat in Document No. 2008022633 of the Official Public Records of Williamson County, Texas(the"Easement Area"). C. The Owner has requested that the City allow a 0.001 acre encroachment on or over a portion of the Easement Area, with the Encroaching Structure being in the nature of a concrete outfall structure for a water quality and detention system associated with permit SSP-2302-0002 ,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 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 Owners, and not at the risk and liability of the City in any manner whatsoever; 1 ENC 25-00000 SS&DRG Baylor Scott&White Expansion 2025061522 Page 2 of 8 (4) Removal of the Encroaching Structure, or the encroaching 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 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 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 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. 2 2025061522 Page 3 of 8 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 Agreement. OWNER SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION By: Date Signed: 6 . 9 . 2025 CITY CITY OF ROUND ROCy,TEXAS By: Broo s Bennett, City Mana er Date Signed: (l 12 Ls [Acknowledgements on following page.] 3 2025061522 Page 4 of 8 ACKNOWLEDGMENT THE STATE OF �XC)1 J § COUNTY OF f},I�l cuy) 1) § This instrument was acknowledged before mel. on this the /0 day of the month of J1)Yl , 2025, by ,. )fl/�'e PllY k '1' (Name), iY eo (Title) of SCOTT AND WHITE MIMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION, 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. cotTl . .���;i►v'"soy. } • �.... e s Notary Public m and for the State of 1 ')U 7 4' �` itimoo ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this I day of 111 r , 2025, by Brooks Bennett, Round Rock City Manager, in the capacity and f the purposes and consideration therein indicated. ............ 6ttalfet 0 • ' C,•. Notary Public ina4d for the State of Texas � /\ s 9 1''' z' • lOFZF-1 • le •�' r30582`ss *11/////Simi i00‘���`. 4 2025061522 Page 5 of 8 xrlibit A' Surveyors• GPS• GIS•Construction Layout ce, RONAID _ CARROLL SURVEYORS,INc. Co,nnr.vt+T•!!Dawn•Act R4( •hreoan •Resirn December 13, 2024 Page 1 of 3 Field notes for Baylor Scott& White for: ENCROACHMENT AGREEMENT Being part of Lot 1 A,Block A, of REPLAT OF LOT 1, BLOCK A, SCOTT AND WHITE SUBDIVISION SECTION ONE,a subdivision situated in the City of Round Rock, in Williamson County,Texas,as it appears upon the map recorded in Cabinet EE, slides 224-227 of the Williamson County Plat Records, also embracing a portion of the tract described in the deed to Scott and White Memorial Hospital and Scott, Sherwood and Brindley Foundation,recorded in Document Number 1997033254 of the Williamson County Official Public Records. COMMENCING at a 1/2-inch iron rebar found with a cap stamped"BURY PARTNERS", for the northeast corner of Lot 3,Block A of TERAVISTA COMMERCIAL 1 SUBDIVISION PHASE ONE,a . subdivision situated in the City of Round Rock,in Williamson County,Texas,as it appears upon the map recorded in Cabinet BB,Slides 366 and 367 of said Plat Records,also being in the westerly right of way of Teravista Parkway,a road as shown on TERAVISTA SECTION 26B,an addition to the City of Round Rock, in Williamson County,Texas,as it appears upon the map recorded in Cabinet Z, Slides 249-253 of said Plat Records,and the northerly southeast corner of Lot IA,in said Block A,and being in a curve to the left,whose radius is 667-no/100 feet, from said 1/2-inch iron rebar found, a concrete monument found with a 1-1/2-inch brass disk stamped"CITY OF ROUND ROCK REF PT EL20", referred to as CITY MON `CVS", bears south 36 degrees-35 minutes-55 seconds east 1,199-62/100 feet, (surface distance),for reference,then run south 36 degreees-05 minutes-15 seconds west(plat call is south 36 degree-03 minutes-48 seconds west)along the north line of said Lot 3, Block A, and the northerly south line of said Lot 1 A,Block A, 158-02/100 feet to a 1/2-inch iron rebar found with a cap stamped"BURY PARTNERS", for the northwest corner of said Lot 3, Block A, and being an angle point in said northerly south line of Lot IA, Block A,then run south 64 degrees-09 minutes west across said Lot IA,in Block A,a distance of 424-45/100 feet to a '/z inch iron rebar found with a cap stamped "BURY PARTNERS", for a re-entrant corner of said Lot IA,and the northeast corner of said Lot 2A,in said Block A,and then run south 28 degrees-53 minutes-15 seconds east across said Lot 1 A, in said Block A, 138-26/100 feet to a calculated point for the NORTHWEST and BEGINNING CORNER of the ENCROACHMENT AGREEMENT being described, from said calculated point,a concrete monument found with a I 1/2 inch brass disk stamped"CITY OF ROUND ROCK"Ref. Point EL. 20", referred to as CITY MON"TERAVISTA",bears north 24 degrees-30 minutes-30 seconds west 2317-61/100 feet (surface distance), for reference. 5302 S.31 S'Street•Temple,Texas• 76502 (254) 773-1447•Fax(254) 773-1728•info@rcsurvevors.com www.rcsurvevors.com•TBPLS Firm No. 10028400 2025061522 Page 6 of 8 tXl1lblt "H" December 13,2024 Page 2 of 3 Field notes for Baylor Scott&White for: ENCROACHMENT AGREEMENT(continued) Thence north 69 degrees-35 minutes east 3-6/10 feet to a calculated point. Thence south 20 degrees-25 minutes west 8-0/10 feet to a calculated point. Thence south 69 degrees-35 minutes west 3-6/10 feet to a calculated point. Thence north 20 degrees-25 minutes east 8-0/10 feet to the PLACE OF BEGINNING and containing 0-001/1000 of an acre, as surveyed. The basis of bearings was taken from the Texas State Plane Coordinate System,Central Zone,NAD83 Datum,as obtained by GPS observations and referenced to the SMARTNET NETWORK OF NORTH AMERICA Base Station"TXG4"in Georgetown, Texas. See attached 8-1/2 inches by 14-inch sketch that accompanies these field notes. Surveyed June 17, 2024. RONALD CARROLL SURVEYORS, INC. Ronald Carroll, RPLS 2025 Vice President S:data TX jobs 21096 draft field notes ENCROACHMENT AGREEMENT 121324 5302 S.31 S'Street•Temple,Texas•76502 (254) 773-1447• Fax(254) 773-1728•info@resurvevors.com www.rcsurvevors.com•TBPLS Firm No. 10028400 2025061522 Page 7 of 8 LAIIfl11 n Surveyors•GPS•GIS•Construction Ldloul ENCROACHMENT AGREEMENT v jR O N A L O LEGEND: i®� C A R R O L L • = Dm iron meow net w/cop / Stnmped •RI.S INC.' ' SURVEYORS , I N C . IB = 1/2"Iron Rebor Found w/cap 5302 South 31st. Temple(254)773-1447 Stomped BURY PARTNERS" Temple.Taros 76502 Killeen(254)526-0117 0 = Cofruloted point It1121u Pntkl No. IWre4W ( ) = Plot Coils Pub = Pant Of elegnnln9 PUE = Public Utility Easement NOTES: SW - Sidewalk • See kola notes 0110c11e0. 4 1 CITY MON ` Owls of Deering: The surrey work for "TERAVISTA" this project is on Grid Bearings and Coordinoles, booed upon tin TeRas :tole Bone Coordinate System, Control Zone. rbl 0 r1AD03 datum obtoinod Irurn Ora iq R.r6 observations and referenced to the NGS c I �11 )/?, COR3 Bose Stallon et "mFa4" In O L `1 e �' Georgetown. Texas whose published tv ito lr bar faOuq n. coordinate Value II N=10.215.71 1.94 G E=3,125,946.62. Distances shown ore in t7.I I o rn,t r surface OOP tin Scale factor II a 01 I u, 1`o l n e}t 0.9998757. c -•_10 1 1 Y 9 r-�'1 rL,� The research for the land boundary I i V�\71 4.O 0 9 property line of Me trout hos been '— 1 1 O.r. -t Z. provided by this surveyor w his 1 t ,f, s.ttrt o»oc:otea. Thal rosoorch include. the Scott and White Memorial Hocpitol and Scott, 1\1 V•y 9.- 7 9 names and references to the adjoining Sherwood and Brindley Foundation 1i'4 t N to ,.upe,1y women*. rhuee udjui,ers Uocument Number 199/033254 1 a ' a^ referenced are for compliance to the \ ,, �,u f To,us euurd ul P,ufoculoaul Euyl,mea I , 1 `V and Lana Surveyors reguloGons, and are 1 /"� \ °,i2 slluwu fur lufulnmlluu tIulyvaes Only. LOT IA •1P ( t, N Cupyrlgm 10 2024. Ronan Curran i \ AI(1f;K A `\�" N. Surveyors. Inc.,All Rights Reserved. This t 0 1 surrey was prorloea solely for inn use or 1 i� •1 cory Baylor Scott & White. 1 I \ u .wa` `7 6Tj ji CITY BENCHMARKS: 1 z / fiOC • •CVS• Elevotion = 807.47 I E 11=10.100.363.06; E.3,125,079.13 /1 o �, 41 11 1-1/2' Bross Disk in Concrete I� I q0�\y•ttl 1`, Found stomped "CITY OF ROUND 1 '/ - /�' U�3h� \ Pn(tc Poi Pninf Fl 7n Ns' 1 424 45'__ „[-- ���""" 111 4.3,•� LOT S t 0eivereily 0 Sunrise Benchmark. _ _ i_�---�fi4,09•W ,/' `r, BLOCK A 11 I TERAVIOTA COHHCRCIAL`\ e "TERAVISIA" Elevation = 783.06 O\J I SUBDIVISION PHASE ONEN= .t31,O03.92; C10.177,943.24 OPCab. BB. Slide 366-367 \ 1-1/2"Bross Disk in ConcreteFound stamped 'CITY OF ROUND 1 1 to s 1 ft ROCK Ref Point Cl. 20"Teravisto r1t I C �1 Parkway & Ookmont Drive LOT 2A / 1 0 1 I E o 1 T Bonohmork. W I I .9 to to t 1 �'', r'11 i t7 N N 1 11 O nt� OVERALL BOUNDARY MAP: m11 41 is,`i O ✓ C -11 I 4 / L. CIIT PALM "CVS" 1 / 1I p0 u •7 tO1u ° 0.001 0l Ik«.. t en Acre {jv ee• I t ew, LINE TABLE: I I• re t.444e NN r f I I .Os1110cr 1 ��t7 '�Mt1� �4 IIM I ©E �8.0 I j 1111 L4 N1,21�II1 �1� L.�- — la„ewpl„ SCALE: 1 Inch — 1000 feet Such shoving Eucroaohment A reem6mt babas part of Lot IA, Block A, of RSPLIT OF LOT I, BLOGB A, .%VIT AND IIII7E SUBDIVISION .SECTION 0111 a subdivision as it appears upon the mop recorded in C.Alcot s; BAfdea f94-207 of the sflLfomr.on County Official Pint Reoavds4 situated in the G7ty of Round Roof IUltamson Counts !bras. 6tu"pv.red June !7, soot RONALD CARROLL SURVEYORS, INC / M t _____ 0001 >w11.NCR MI IlIDOOO iftifiltftm: bO)4w Scott&Whyte JOB A��� : 21096 N�2/3/2 DA4 DWG NAME: 21096-B0-BS&W-ENCR DISK:S:/RCS Jobs-2021 SHFFT: ..OF I DRAWN BY:J.J.K. SCALE: 1 inch tcRonk.60 feet i Ronk. 1R7 PC. 14-1R 2025061522 Page 8 of 8 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2025061522 Pages: 8 Fee: $53.00 08/06/2025 03:45 PM OSALINAS /4t ATp`�If\ iW Nancy E. Rister, County Clerk Williamson County,Texas