CM-2025-233 - 9/26/2025ELECTRONICALLY RECORDED 2025077538
Williamson County, Texas Total Pages: 6
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current address is 2350 Double Creek Drive, Round Rock , Texas 79664, 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 2350 Double Creek Drive, Round Rock,
Texas 78664, described as being Lot 2, Block C, Interchange Business Park — Section
Two, a subdivision in Williamson County, Texas, according to the map of plat thereof
recorded in Cabinet N, Slide 196, Plat Records of Williamson County, Texas (the
"Property"), and being more fully described by metes and bounds as set forth in the
General Warranty Deed recorded as Document No. 2022051568 of the Official Public
Records of Williamson County, Texas.
B. City is the record holder of a 30' Drainage Easement recorded in Cabinet J, Slide 26
of the Plat Records of Williamson County, Texas and a 30 Storm Sewer and Drainage
Easement recorded in Cabinet N, Slide 196 of said Plat Records (the "Easement
Area9).
The Owner has requested that the City allow an encroachment on or over a portion of
the Easement Area, with the Encroaching Structures being in the nature of private
storm and drive aisle infrastructure, as set forth in Exhibit attached hereto and
incorporated herein by reference for all purposes (the "Encroaching Structures").
Fli. By execution of this Agreement, the City grants its limited consent for the Owner 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 "B," and that no further encroachment or improvements
of any kind in the Easement Area shall be allowed;
(2) The existence of the Encroaching Structures 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 Structures
shall be solely at the risk and liability of the Owner, and not at the risk
and liabty of the City in any manner whatsoever;
(4) Removal of the Encroaching Structures, or a portion thereof, shall cause
the immediate termination of this Agreement;
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(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;
(7) In a non-emergcncy situation, the Owner agrees to be solely responsible
for removal of the Encroaching Structures to the City's satisfaction, and
such removal shall be completed by the Owner within thirty (30) days of
actual notice to the Owner of the City's directive to remove same. The
parties expressly agree that, in the event the Owner fails to remove the
Encroaching Structures to the City's satisfaction following notice, then
and in that event the City may cause the Encroaching Structures to be
removed at the expense of the Owner;
(8) The parties expressly agree that the City shall not be responsible for
damage caused to the Encroaching Structures by the City's use or
maintenance of the Easement Area;
(9) The Owner shall indemnify and hold the City harmless from any and all
loss, damage, penalty, liabty, 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, liabty, 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 Owner 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 Owner 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 Owner,
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; and
2025077538 Page 3 of 6
(10) Relative to any subsequent purchaser of the Property and/or thc,
Encroaching Structures, the Owner expressly agrees to adequately
inform any such purchaser of the existence of this Agreement and
provide a copy of same.
(11) The City reserves the option to rescind this Agreement at any time, with
or without cause, by giving Owner ten (10) days written notice of its
exercise of said option.
OWNER
TT&R INVESTMENTS, LLC
a Texas limited liability comgan�
BW: ......... .....
Date Signed:
............... ...............
CITT
CITY OF ROUND ROCK, TEXAS
By:
Brook ennett, City Manager
Date Signed: 11 2b 12025,
2025077538 Page 4ofO
THE STATE OF -Tevos
This instrument was acknowledged before me on this Ct4o' day of CX 4r ffi�e( , 2025,
INVESTMENTS, LLC, a Texas Limited Liability Company, whose name is subscribed to the
preceding instrument, and acknowledged to me that he executed it for the purposes and
consideration expressed in it.
This instrument was acknowledged before me on this day of �Vtber 2025,
by Brooks Bennett, Round Rock City Manager, in the capacity and purposes and
,
jLMCA Notary Public in an� to te of Texas
OF TE
3.1
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ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2025077538
Pages:6 Fee: $41.00
10/01 /2025 09:42 AM
KWEEMS
yt ASr10R 7
Nancy E. Rister, County Clerk
Williamson County,Texas