CM-2025-254 - 10/10/2025 ELECTRONICALLY RECORDED 2025096057
Williamson County,Texas Total Pages: 6
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between
TT&R INVESTMENTS, LLC, hereinafter"Owner," a Texas limited liability company, whose
current address is 2350 Double Creek Drive, Round Rock , Texas 78664, 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 or 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 Waterline Easement recorded in Document No.
2025069052 of the Official Public Records of Williamson County, Texas (the
"Easement Area"),
C. The Owner has 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 shed,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 Owner 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 Owner, and not at the risk and
liability of the City in any manner whatsoever;
(4) Removal of the Encroaching Structure, or a portion thereof, shall cause
the immediate termination of this Agreement;
M 269
2025096057 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 and other public utilities have
full authority in an emergency to remove the Encroaching Structure,and
such removal shall be allowed without notice to the Owner and without
any obligation whatsoever on the part of the City or other public utility
to replace or repair any part or the whole of the Encroaching Structure;
(7) In a non-emergency situation,the Owner agrees to be solely responsible
for removal of the Encroaching Structure 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 Structure to the City's satisfaction following notice, then
and in that event the City may cause the Encroaching Structure 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 Structure by the City's use or
maintenance of the Easement Area;
(9) The Owner shall indemnify and bold 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 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
2
2025096057 Page 3 of 6
(10) Relative to any subsequent purchaser of the Property and/or the
Encroaching Structure,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.
By execution below by the Owner 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
TT&R INVESTMENTS,LLC
a Texas limited liability company
By: nim
Thomas R Bierschenk
Date Signed: 1110/L5
CITY
CITY OF ROU D RO K,T S
By:
Brooks 11 I Bennett,I I City M ager
Date Signed: 10110120,5
[Acknowledgements on following page.]
3
2025096057 Page 4 of 6
ACKNOWLEDGMENT
THE STATE OF
COUNTY OF W0\czvy-),5
L v)
This instrument was acknowledged before me on this_)-c day of 2025,
by :fEln alr(6ckeRV (Name), as jAatj*L�eZ
(Title) of TT&R
INVESTMENTS, LLC, a Texas Limited Liability Comony, whose name is subscribed to the
preceding instrument, and acknowledged to me that he executed it for the purposes and
consideration expressed in it.
KATIE HOWERTON LANDRY
Notary Public,Stat®of Texas
iA Comm.Expires 0&-092026 Notary in and for the State of
Notary ID 133805569 11
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this Jeday of0&-hbk,,K—
by Brooks Bennett, Round Rock City Manager, in the capacity and for the purposes and
consideration therein indicated.
a�_NNCA GIZ4
KRY po' % Notary Public in a d far the State of Texas
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WATER LINE EASEMENT ENCROACHMENT EXHIBIT 203 E.MAIN STPEET,SUtTE204
EXFLUOR ROUND ROCK EXPANSION ROUND ROCK,TEXAS 79664
312-344-9664
SCALE 1'= 50' 2350 DOUBLE CREEK DRIVE,ROUND ROCK,TEXAS 78664
TAPF FIRM OF,19151
September 15,2025 C?
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2025096057 Page 6 of 6
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2025096057
Pages: 6 Fee: $45.00
12/04/2025 03:43 PM
MBARRICK
yt ASr10R 7
l f IC }
Nancy E. Rister, County Clerk
Williamson County,Texas
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between
TT&R INVESTMENTS, LLC, hereinafter"Owner,"a Texas limited liability company, whose
current address is 2350 Double Creek Drive, Round Rock , Texas 78664, 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 or 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 Waterline Easement recorded in Document No.
2025069052 of the Official Public Records of Williamson County, Texas (the
"Easement Area").
C. The Owner has 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 shed,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 Owner 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 Owner, and not at the risk and
liability of the City in any manner whatsoever;
(4) Removal of the Encroaching Structure, or a portion thereof, shall cause
the immediate termination of this Agreement;
CM -2c2S- 21
(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 and other public utilities have
full authority in an emergency to remove the Encroaching Structure,and
such removal shall be allowed without notice to the Owner and without
any obligation whatsoever on the part of the City or other public utility
to replace or repair any part or the whole of the Encroaching Structure;
(7) In a non-emergency situation,the Owner agrees to be solely responsible
for removal of the Encroaching Structure 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 Structure to the City's satisfaction following notice, then
and in that event the City may cause the Encroaching Structure 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 Structure 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, 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 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
2
(10) Relative to any subsequent purchaser of the Property and/or the
Encroaching Structure,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.
By execution below by the Owner 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
TT&R INVESTMENTS,LLC
a Texas limited liability company
By:
Date Signed: 91t1/LS
CITY
CITY OF ROU D RO K,T S
By:
Brooks Bennett,City M ager
Date Signed: 1010I261-5
[Acknowledgements on following page.]
3
ACKNOWLEDGMENT
THE STATE OF Tejo'
COUNTY OF W t \\QYYl56
This instrument was acknowledged before me on this 2 day of SeS\-er4 cf , 2025,
by Tom Bic(e cke v\IC (Name), as N1 a ha Pam/ (Title) of TT&R
INVESTMENTS, LLC, a Texas Limited Liability ComOny, whose name is subscribed to the
preceding instrument, and acknowledged to me that he executed it for the purposes and
consideration expressed in it.
44* KATIE HOWERTON LANDRY 1_
; 1_Notary Public,State of Texan + { ‘4
,
Jac Comm.Expires 06-09-2026 Notary Pt�-lie in and for the State of -re,/..a
�u
,,` ` Notary ID 133805569
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON ,,�
This instrument was acknowledged before me on this I�day of Q&be.I' -, 2025,
by Brooks Bennett, Round Rock City Manager, in the capacity and for the purposes and
consideration therein indicated.
Wo,NCA Gi
0VkRy p��l�' Notary Public in a d for the State of Texas
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