CM-2025-210 - 8/15/2025 ELECTRONICALLY RECORDED 2025064227
Williamson County,Texas Total Pages: 7
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between TRI
MARSH RETAIL, LLC, hereinafter"Owner," a Texas limited liability company, whose current
address is 3013 Greenhill Drive, Plano, Texas 75093, 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 2000 S I-35 Frontage Rd, Round Rock,
Texas, 78681, described as being Lots I and 5, Nesters Crossing Shopping Center-, a
subdivision in Williamson County, Texas, according to the map or plat thereof,
recorded in Cabinet H, Slide 221 of the Plat Records of Williamson County, Texas,
said Lots conveyed to Owner In Document No. 2022085011 of the Official Public
Records of Williamson County, Texas (the "Property").
B. City is the record holder of a 15' Pubic Utility Easement recorded by plat in Cabinet
1-1, Slide 221 of the Plat Records of Williamson County, Texas (the"Easement Area").
C. The Owners have 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 bollards.
striping, landscaping, signage. an electrical vehicle charging station and related
equipment, 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 reclr.rirelnents 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 mauler whatsoever;
(4) Removal of' the Encroaching Structure, or the encroaching portion
thereof, shall cause the immediate termination of this Agreement;
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l;NC 25-00001 MJF t{esters Crossing
2025064227 Page 2 of 7
(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.
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By execution below by the Owners and the respective appropriate authorities ofthe City
of Round Rock. Texas. the signatories bind the entities to obey all conditions of this Agreement.
OWNER
TRI MARSH RETAIL, LLC
By:
00,
Date Signed:
CITY
CITY OF R UNr ) ROCK, TE
�-I ..
By:
Bron s Bennett, City Mana'g r,
Date Signed: k�� j- 2-,5
[Acknowledgements on following page.]
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ACKNOWLEDGMENT
THE STATE OF §
COUNTY OF ° 2txt §
This instrument was acknowledged before me on this the }h day of the month
Of 'n Ce, 2025, by ��, 4V n-e c® (Name), �1 den�
(Title) of TRI MARSH RETAIL, LLC, a Texas limited liability company, known by me to be
the person whose name is subscribed to the foregoing instrwnent, 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 puc•poses and consideration therein expressed.
,tti+rr,, 7FSH,A DAVIS PUlb, and r the Stat' of
Public,State of Texas
Gnmm f-*piss 06-11-2027
0" Notary IBJ 134256557
ACKNOWLEDGMENT
TFIE STATE OF 'TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this 1'31,11 day of ({ 2025,
by Brooks Bennett, Round Rock City Manager, in the capacity and for the purposes and
consideration therein indicated.
.Z--,
°CRY PUB•.
Notary Public in and for the State of Texas
13058V�•`
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ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2025064227
Pages: 7 Fee: $49.00
08/15/2025 02:45 PM
MBARRICK
yt wrr`f j.
i
Nancy E. Rister, County Clerk
Williamson County,Texas