CM-2026-004 - 12/19/2025ELECTRONICALLAECORDED 2025101864
Williamson County, Texas Total Pages: 8
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between
ROUND ROCK AREA SERVING CENTER, hereinafter "Owner," a Texas nonprofiri
corporation, whose address is 1099 Main Street, Round Rock, Texas 78664, and the CITY OF
ROUND ROCK, TEXAS, hereinafter the "City," a municipal horne-rule corporation whos+
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 1099 Main Street, Round Rock, Texas
78664, described in a Special Warranty Deed to Round Rock Area Serving Center,
recorded as Document No. 2021146132 of the Official Public Records of Williamson
County, Texas, and a tract described as 0.88 of an acre in a Deed Without Warranty to
Round Rock Area Serving Center, a Texas non-profit corporation, recorded under
Instrument Number 2012005710 of said Off icial Public Records.
B City is the record holder of a Wastewater Easement recorded in Document No.
2025074203 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 mortared
rock riprap, as set forth in Exhibit "A," attached hereto and incorporated herein by
reference for all pUrPOSCS (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 thefolloiving
C011(fitions:
11) 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
liabty 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;
2025101864 Page 2 of 8
(5) The permission ♦ 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
ftil I 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 tile 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 tile City's directive to remove same. The
parties expressly agree that, in tile 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
♦ at tile expense • 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 firnited 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 oil 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 pat -ties agree that the provisions of this section shall Survive the
• • this agreement; and
2025101864 Page 3 of 8
51 a ILM=1 I I
`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.
OWNER
ROUND ROCK AREA SERVING CENTER
a Texas nonprofit corporation
By:
Date Signed:
Date Signed: 1,21 lid -2oL
f.
2025101864 Page 4 of 8
THE STATE OF
COUNTY OF\t� i i WO
I on
This instrument was acknowledged before me on this —K day of OVPM:fit
',2025,
by L04- -j (Name), asj��q�,J►�I(ecjkf (Title) of ROUND
ROCK ARE, A SERVING CENTER, a Texas nonprofit corporation, 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 t day of n'
6 tLA 2025,
- L14 &f—
by Brooks Bennett, Round Rock City Manager, in the capacity and for the purposes and
consideration therein indicated.
,\NN M4 CA GIZ
Nl� 4%
.. V.
Notary Public innd for the State of Texas
0 F I
'3058
0
2025101864 Page 5 of 8
0,
Abstract No. 298, Williamson County, Texas, being a portion of a tract described as 0.88 of an acre in
a Deed Without Warranty to Round Rock Area Serving Center, a Texas non-profit corporation,
recorded under Instrument Number 2012005710, Official Public Records of Williamson County,
Texas; the subject tract being more particularly described as follows:
WtAT
0.88 acre tract; THENCE NORTH 70042'09 EAST along the north Line of said 0.88 acre tract, a
distance of 119.49 feet to the southwest corner of Lot 11-13, REPLAT ROUND ROCK COMMUNITY
FOUNDATION SUBDIVISION, a plat which is recorded under Instrument Number 2021086180,
Official Public Records of Williamson County, Texas, THENCE NORTH 70"38'01"EAST, a longthe
north line of said 0.88 acre tractaid fte soutW liwe of qaid Lot 1-R A di.RtAlnp of 178.57fpet. TWEVC
1. NORTH 70038'01 " EAST, a distance of 29.00 feet, from which a Leaning 112-inch
rebarfound bears NORTH 69057'17" EAST, a distance of 211.02 feet;
2. SOUTH 1902159 EAST, a distance of 15.00 feet;
3. SOUTH 70038'01 " WEST, a distance of 29.00 feet;
44. NORTH 19021'59" WEST, a distance of 15.00 feet to the POINT OF BEGINNING,
r4aw
M111551WERS-W,
2025101864
Page 6 of 8
0 60' EXHIBIT TO ACCOMPANY
LEGAL DESCRIPTION
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EXHIBIT
SQUARE435
SITUATED
ABSTRACT
A1 298
CITY OF ROUND ROCK
WILLIAMSON
COUNTY,
I9
REBPa
'04
.435 SQUARE
FO(YT-
�ENCROACHMENT
AGREEMENT
CM
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• • •
01 Round ' •
WilCo, • + • 1'
105 Sunniberg Loop,-• •786r
• • I 933-6585
• e • • •
TBPELS Firm 1 1 4
2025101864 Page 7 of 8
a al a 0 al -=- =1
P, T-1 NMI
N70'42'09"E
N70-38'01"E
1�4
SURVEYOR'S NOTES,
1. This survey is referenced for all bearing and
coordinate basis to the Texas State Plane
Coordinate System, North American Datum of 1983
(NAD83 - 2011 Adjustment), Central Zone (4203).
2. Distances and Areas shown are surface values
represented in US Survey Feet.
3. Some features may be shown out of scale for clarity,
4. Field work was completed March 4, 2025.
O.P.R.W.C.T. Official Public Records of Williamson County, TX
INST# Instrument Number
0 1/2" Iron Rod Found (Or as noted)
0 Calculated Point
DETAIL "N'\
L3
P.O. B.
EXHIBIT SHOWING
435 SQUARE FEET
SITUATED IN THE
WILEY HARRIS SURVEY
ABSTRACT NO. 298
CITY OF ROUND ROCK
WILLIAMSON COUNTY, TEXAS
P R 0 F E S S 10 N A L
LAND SURVEYIVJG
Job No.:
2025.114.001 1075 E Main St Round Rock
WilCo, Tx - ESMT1 O.dwg
105 Sunniberg Loop, Georgetown, TX 78626
Telephone (817) 933-6585
cole@cdspls,com
TBPELS Firm #10194903
aim
2025101864 Page 8 of 8
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2025101864
Pages:8 Fee: $49.00
12/23/2025 03:10 PM
MBARRICK
yt wrr`f j.
i
Nancy E. Rister, County Clerk
Williamson County,Texas
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between
ROUND ROCK AREA SERVING CENTER, hereinafter "Owner," a Texas nonprofit
corporation, whose address is 1099 Main Street, 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 1099 Main Street, Round Rock, Texas
78664, described in a Special Warranty Deed to Round Rock Area Serving Center,
recorded as Document No.2021146132 of the Official Public Records of Williamson
County,Texas,and a tract described as 0.88 of an acre in a Deed Without Warranty to
Round Rock Area Serving Center, a Texas non-profit corporation, recorded under
Instrument Number 2012005710 of said Official Public Records.
B. City is the record holder of a Wastewater Easement recorded in Document No.
2025074203 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 mortared
rock riprap, 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-1O2(D 00'1
(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 patties 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
ROUND ROCK AREA SERVING CENTER
a Texas nonpofitt corporation
By: cc,
Date Signed: If 17- /,`UX -
CITY
CITY OF ROUND ROCK,TE AS
By:
Broo s Bennett, City Manager
Date Signed: 121 161 I 2L)15
[Acknowledgements on following page.]
3
ACKNOWLEDGMENT
THE STATE OF I e✓J i-as
COUNTY OFW t\11 Cam (
This instrument was acknowledged before me on this I day of 00a4n , 2025,
by LOT CIGOA (Name),as 17)01,(; 1Q c+O,( (Title)of ROUND
ROCK AREA SERVING CENTER, a Texas nonprofit corporation, whose name is subscribed
to the preceding instrument, and acknowledged to me that he executed it for the purposes and
consideration expressed in it.
��; •"% RAQUEL SAENZ
1 MY COMMISSION EXPIRES -
9
+, / , DECEMBER 13,2026
' "00 NOTARY ID:11005280 Notary Public in a ilf ate of TC LLS
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this I i-�h day of -Pemba' , 2025,
by Brooks Bennett, Round Rock City Manager, in the capacity and for the purposes and
consideration therein indicated.
oilifoi
• •
p- PRY PU6l/�
Notary Public in nd for the State of Texas
9TF O F T��P •
''1�N 11111\nA
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C111.11.1111111r
PROFESSIONAL
LAND SURVEYING
EXHIBIT"A"
FIELDNOTES for a 435 square foot encroachment agreement situated in the Wiley Harris Survey,
Abstract No.298,Williamson County,Texas,being a portion of a tract described as 0.88 of an acre in
a Deed Without Warranty to Round Rock Area Serving Center, a Texas non-profit corporation,
recorded under Instrument Number 2012005710, Official Public Records of Williamson County,
Texas;the subject tract being more particularly described as follows:
COMMENCING at a 1/2-inch iron rod stamped"Baker Aicklen"found at the northwest corner of said
0.88 acre tract; THENCE NORTH 70°42'09" EAST along the north line of said 0.88 acre tract, a
distance of 119.49 feet to the southwest corner of Lot 1-B, REPLAT ROUND ROCK COMMUNITY
FOUNDATION SUBDIVISION, a plat which is recorded under Instrument Number 2021086180,
Official Public Records of Williamson County, Texas, THENCE NORTH 70°38'01"EAST,a long the
north line of said 0.88 acre tract and the south line of said Lot 1-B a distance of 178.57 feet,THENCE
SOUTH 19°21'59"EAST crossing into the interior of said 0.88 acre tract,a distance of 2.50 feet to the
POINT OF BEGINNING,from which a 1/2-inch rod stamped"BTS"found at a westerly corner of said
Lot 1-8, bears SOUTH 84°00'58"WEST,a distance of 183.62 feet;
THENCE continuing through the interior of said 0.88 acre tract,the following calls:
1. NORTH 70°38'01" EAST, a distance of 29.00 feet,from which a leaning 1/2-inch
rebar found bears NORTH 69°57'17"EAST, a distance of 211.02 feet;
2. SOUTH 19°21'59"EAST,a distance of 15.00 feet;
3. SOUTH 70°38'01"WEST,a distance of 29.00 feet;
4. NORTH 19°21'59"WEST, a distance of 15.00 feet to the POINT OF BEGINNING,
enclosing 435 square feet, more or less.
Bearings are based on the Texas System of 1983,Texas Central Zone 4203.
Distances and Areas are represented in US Survey Feet.
Cole Strevey
Registered Professional
Land Surveyor No.6731 �a �`y" `
cote@cdspls.com r i Gc3<,,.«�..000:4 �
Date: March 10,2025 wig
SHEET 1 OF 3
0 60' EXHIBIT TO ACCOMPANY
® ® ® LEGAL DESCRIPTION ��eQPGµL04)
Scale: 1"=60'
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(VARIABLE WIDTH)
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O �CtO FOUNDATION SUBDIVISION lL
t� t'p0 INST.II 2021086180
yo�NG P' \ O.P.R.W.C.T. DETAIL"A" ---
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ENCROACHMENT
QS�RYE'C LZ \` AGREEMENT
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IC:11101111APIIMIF
PROFESSIONAL
LAND SURVEYING
EXHIBIT SHOWING Job No.:
435 SQUARE FEET 2025.114.001 1075 E Main St, Round Rock,
Wi
SITUATED IN THE ICo,Tx-ESMT10.dwg
105 Sunniberg Loop, Georgetown,TX 78626
WI LEY HARRIS SURVEY Telephone(817)933-6585
ABSTRACT NO. 298 cote@cdspls.com
TBPELS Firm#10194903
CITY OF ROUND ROCK
WILLIAMSON COUNTY,TEXAS Drafter: I Date: I Sheet#:
CJY 2025-03-10 2 of 3
EXHIBIT TO ACCOMPANY
LEGAL DESCRIPTION
SURVEYOR'S NOTES:
Line Data Table
1. This survey is referenced for all bearing and
Line# Bearing Distance coordinate basis to the Texas State Plane
Coordinate System, North American Datum of 1983
L1 N70°42'09"E 119.49'
(NAD83-2011 Adjustment),Central Zone(4203).
L2 N70°38'01"E 178.57' 2. Distances and Areas shown are surface values
L3 S19°21'59"E 2.50' represented in US Survey Feet.
L4 S84°00'58"W 183.62' 3. Some features may be shown out of scale for clarity.
L5 N70°38'01"E 29.00' 4. Field work was completed March 4, 2025.
L6 N69°57'17"E 211.02'
LEGEND:
L7 S19°21'59"E 15.00'
O.P.R.W.C.T. Official Public Records of Williamson County, TX
L8 S70°38'01"W 29.00' INST# Instrument Number
L9 N19°21'59"W 15.00' • 1/2"Iron Rod Found(Or as noted)
o Calculated Point
DETAIL"A"
L5 �
�a
P.O.B. <�
L2 La
PROFESSIONAL
LAND SURVEYING
EXHIBIT SHOWING Job No.:
435 SQUARE FEET 2025.114.001 1075 E Main St, Round Rock,
WiICo,Tx-ESMT10.dwg
SITUATED IN THE 105 Sunniberg Loop,Georgetown, TX 78626
WILEY HARRIS SURVEY Telephone (817)933-6585
ABSTRACT NO. 298 cole@cdspls.com
TBPELS Firm#10194903
CITY OF ROUND ROCK
WILLIAMSON COUNTY,TEXAS Drafter: I Date: Sheet#:
CJY 2025-03-10 I 3 of 3