CM-2025-258 - 10/17/2025 Right-of-Entry Agreement
Between Property Owner and City of Round Rock, Texas
This Right-of-Entry Agreement ("Agreement") is entered into on the date of the last signature
below by and between:
Property Owner:
Gunnar Ristroph
Property Address: 1703 Johnson Way, Round Rock, TX 78681
Property ID: R341035
City:
City of Round Rock, Texas, acting by and through its authorized representative, together with
its employees, agents, consultants, and contractors ("City").
1. Purpose
Owner grants City temporary, limited access to the Property solely for conducting surveying,
environmental studies, archaeological or historical studies, appraisal, or related tasks in
connection with the proposed roadway extension project currently referred to in various
documents as "Deepwoods Drive," "Deep Wood Drive," "Deepwood Drive," or "Deep Woods
Drive."The parties acknowledge the inconsistency in naming, and City agrees that this
Agreement applies regardless of the final project name adopted by the City.
No borings, geotechnical investigations, or tree trimming are permitted unless expressly
approved in writing by Owner. City's rights under this Agreement are non-exclusive, limited, and
revocable as provided herein.
2. Dates of Access
City's entry under this Agreement is limited to the following dates:
• October 29, 2025
• October 30, 2025, or as otherwise agreed to with Owner in writing
3. Flat Entry Fee
None.
OM-2025 -.Z58
4. Security Bond
None.
5. Insurance
City's agents and contractors shall maintain liability insurance covering its activities on the
Property in minimum amounts required for all City Public Works projects and contracts. .
• City shall provide proof of such coverage prior to entry.
• Owner shall be named as an Additional Insured on all applicable policies.
• Such coverage shall be primary and non-contributory with respect to any insurance
maintained by Owner.
6. Hazards and Acknowledgment
City acknowledges that the Property contains significant hazards and sensitive resources,
including but not limited to:
• two storm drain outlets,
• a steep cliff,
• old barbed wire fencing near the cliff,
• overhead high-voltage wiring,
• mature and irreplaceable trees,
• archaeological and historical features, including flint artifacts, an active hand-dug well, a
well pump structure, and a retaining wall.
City accepts full responsibility for the safety of its employees, contractors, and invitees while on
the Property.
7. Notice and Escort
City shall provide Owner with no less than twelve (12) hours' advance written notice (by
email, text, or phone call) prior to each entry.
Owner or Owner's representative may escort all City personnel while they are present on the
Property, at the sole determination of Owner.
8. Damages and Liability
To the extent allowed by Texas law, City shall be fully responsible for any and all physical
damage to the Property or injury to persons directly arising or resulting from its activities.
9. Survey Marker Requirement
As part of its initial activities under this Agreement, City's surveyor shall use its best professional
efforts to locate and mark, flag or identify any existing monumentation at the point along the
southern edge of the property where the western boundary of existing City right-of-way
intersects, and as shown in further detail on Exhibit "A" attached hereto. If the existing
monumentation cannot be found, at the time of initial activities, it will be reset upon completion
of any final boundary survey. City shall provide Owner with written documentation and a map or
plat reflecting the surveyed location within 30 days following completion of any preliminary
survey documents.
10. Indemnification
To the extent allowed by Texas law, City shall indemnify, defend, and hold harmless Owner
from and against all claims, liabilities, damages, and expenses (including reasonable attorney's
fees) directly arising from and caused by City's activities on the Property.
11. Termination
Owner may terminate this Agreement immediately upon written notice to City in the event of
lack of insurance or other material breach.
12. Miscellaneous
• Entire Agreement: This Agreement constitutes the full and complete understanding
between the parties.
• Amendment: No amendment shall be effective unless in writing and signed by both
parties.
• Governing Law: This Agreement shall be governed by the laws of the State of Texas.
Signatures
Property Owner:
Gunnar Gibbens Ristroph
Date: October 7, 2025
City of Round Rock:
By:
Name: Brooks Bennett, City Manager
Date: 10 lj 2_02_5
EXHIBIT "A"
PROPOSED SURVEY MARKER LOCATION