CM-2025-206 - 8/15/2025 ELECTRONICALLY RECORDED 2025064246
Williamson County,Texas Total Pages: 6
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between
AVERY CENTRE EAST HOMEOWNERS ASSOCIATION, hereinafter "Owner," a Texas
non-profit corporation, whose address is c/o Goodwin & Co., 11950 Jollyville Road, Austin,
Texas 78759, 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 2220 Wallin Bradley Drive, Round Rock,
Texas, 78665, described as being Lot 1, Block B, of Avery Centre East Phase I,
Sections 4 & 5, a subdivision in Williamson County, Texas, according to the map or
plat thereof recorded as Document No. 2021190845 of the Official Public Records of
Williamson County, Texas, and being conveyed to Owner in a Deed Without
Warranty, recorded in Document No. 2025041024 of said Official Public Records (the
"Property"),
B. City is the record holder of a Drainage and Storm Sewer easement, recorded by plat in
Document No. 2021 190845 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 portion
of the Easement Area, with the Encroaching Structure being in the nature of a private
storm drain line and associated headwall, as set forth in Exhibit "A," attached hereto
and incorporated herein by reference for a]I 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;
(4) Removal of the Encroaching Structure, or the encroaching portion
thereof, shall cause the immediate termination of this Agreement;
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CNC 25-00002 Avery Centre E Ph I Amenity Center
CA - 2 -
2025064246 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 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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2025064246 Page 3 of 6
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
AVERY CENTRE EAST HOMEOWNERS
ASSOCIATION
a Texas nonprofit corporation
By:
Date Signed: -7 — fig— Z 0 Z 7
CITY
CITY OF ROUND ROCK� XA r
By:
Bro ,.• ennett, City Manager
Date Signed: & 1 151
[Acknowledgements on following page.]
3
2025064246 Page 4 of 6
ACKNOWLEDGMENT
THE STATE OF S §
COUNTY OF ����,crrusr�,n §
This instrument was acknowledged before me on this the IT day of the month
Of -3LA , 2025, by &tacfA Nf- (Name), FVes'j��� r
(Title) o • AVERY CENTILE EAST HOOWNERS ASSOCIATION, a Texas nonprofit
corporation, 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.
Dina Allan tied Notary Public in and for the State of -Texq.S
My Commission Expires
* 7/312026
Notary ID 131629661
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this day of , 2025,
by Brooks Bennett, Rolmd Rock City Manager, in the capacity and the purposes and
consideration therein indicated.
6&f Lu- OlAn",
��\NIII I I11 i 11111/I
�p,FtYPU ,� Notary Public in and f the State of Texas
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OVERALL aRan+aGE AREA MAP a CALCULATKM
RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation
2025064246 Page 6 of 6
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2025064246
Pages: 6 Fee: $49.00
08/15/2025 03:10 PM
MBARRICK
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Nancy E. Rister, County Clerk
Williamson County,Texas