CM-2026-006 - 12/19/2025 ELECTRONICALLY RECORDED 2025103559
Williamson County,Texas Total Pages: 7
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between
MCDONALDS REAL ESTATE COMPANY, hereinafter "Owner," a Delaware corporation,
whose current address is 110 N. Carpenter Street, Chicago, Illinois 60607, 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 795 Louis Henna Blvd.,Round Rock,Texas,
78664, described in the Special Warranty Deed to McDonald's Real Estate Company,
recorded as Document No.2025016769 of the Official Public Records of Williamson
County,Texas(the"Property").
B. City is the record holder of a Surface Drainage Easement recorded in Document No.
2003012530 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 Structures being in the nature of
landscaping and irrigation improvements, 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 Owners to
encroach on or over a portion of the Easement Area strictly subject to the following
conditions:
(1) The Encroaching Structures 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 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 Owners, and not at the risk
and liability of the City in any manner whatsoever;
(4) Removal of the Encroaching Structures, or the encroaching portion
thereof,shall cause the immediate termination of this Agreement;
(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;
1
ENC 25-00009 DRG McDonalds
00
2025103559 Page 2 of 7
(6) The parties expressly agree that the City shall not be responsible for
damage caused to the Encroaching Structures 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 Structures, the Owner 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.
2
2025103559 Page 3 of 7
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
YICDONALD'S REAL ESTATE COMPANY
a Dela a corporation
/// (1--W'1WL
U rr
i wa*-
Date Signed:
CITY
CITY OF ROUND ROCK,TEXAS
By:
Brno s Bennett, City Manag r
Date Signed: `
[Acknowledgements on following page.]
3
2025103559 Page 4 of 7
ACKNOWLEDGMENT
*( �}'] tPJULIA CARTER
Notary ub c,Stale of loxes STATE OF § • M
Commission:Expires
November 07,2027
COUNTY OF / § wv ^"° NOTARY 11)134635171
§
This instrument was aeknowl dgcd before me on this the '� day of the month
ofM�OW , 2025, by (} (Name), &� ,1`1
(Tit e)of MCDONALD'S REAL ESTATE OOMPANY, a Delaware 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 dee f and on behalf of said entity and in the capacity
and for the purposes and consideration thea n ),-'
ressed._
any Public in an for the State of
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
�1
This instrument was acknowledged before me on this day of.ecru , 2025,
by Brooks Bennett, Round Rock City Manager, in the capacity and for the purposes and
consideration therein indicated.
will 1111I Ill/1
NCA GI(f/,p
o�PRY P��q�i .• Notary Public in d for the State of Texas
•= s
611l 11111�1\���\'`\�
4
2025103559 Page 5 of 7
EXHIBIT" A"
EASEMENT DESCRIPTION OF A 0.0097-ACRE(*422 SQUARE FEET)TRACT OF LAND SITUATED IN THE
MEMUCAN HUNT SURVEY,ABSTRACT NO.314 IN WILLIAMSON COUNTY,TEXAS, BEING OUT OF LOT 3A,
BLOCK D OF THE REPLAT OF LOTS 3A,4A, &4B WARNER RANCH SUBDIVISION PHASE 1, BLOCK D,
ACCORDING TO THE MAP OR PLAT THEREOF,APPEARING OF RECORD IN DOCUMENT NO.2021184521 OF
THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,TEXAS('O.P.R.W.C.T.'HEREAFTER), SAID LOT
3A BEING THAT SAME TRACT OF LAND DESCRIBED IN A DEED TO MCDONALD'S REAL ESTATE COMPANY,
DATED MARCH 6, 2025 AND APPEARING OF RECORD IN DOCUMENT NO.2025016769, O.P.R.W.C.T., SAID
0.0097 ACRES ALSO BEING A PORTION OF THAT CERTAIN SURFACE DRAINAGE EASEMENT DESCRIBED IN
AN EASEMENT TO THE CITY OF ROUND ROCK, DATED JANUARY 14, 2003 AND APPEARING OF RECORD IN
DOCUMENT NO. 2003012530, O.P.R.W.C.T„ SAID 0.0097 ACRES BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING at the northwest corner of the herein described 0.0097-acre tract of land, from said northwest
corner a 1/2'rebar with cap stamped'CHAPARRAL BOUNDARY'found in the southerly line of Louis Henna
Boulevard,a variable-width right-of-way,for the northwest corner of said Lot 3A and the northeast corner of Lot
2, Block D of FINAL PLAT FOR WARNER RANCH SUBDIVISION PHASE 1, BLOCK D,according to the map or
plat thereof,appearing of record in Document No. 2019012026,O.P.R.W.C.T., bears N44'28'19'W 32.21';
THENCE traversing through said Lot 3A,with the perimeter hereof, the following FOUR(4)COURSES AND
DISTANCES:
1. N75016'28"E 60.25'to the northeast corner hereof,from which a Type II TxDOT Monument
found in the north line of said Lot 3A and the south line of said Louis Henna Boulevard bears
N15035'36"E 32.48',
2, S14043'32"E 7.00'to the south line of said City of Round Rock easement,
3. S75016'28"W 60.25',with the south line of said City of Round Rock easement,
3. N14°43'32"W 7.00', to the POINT OF BEGINNING,enclosing 0.0097 ACRES(422 SQUARE
FEET)OF LAND, more or less. Bearings are based on the North American Datum of 1983,Texas
State Plane Coordinate System, Central Zone(4203).
1,Michael Jack Needham,hereby certify that this exhibit describes
the proposed easement.
,�� OF• TF
a ?ttoil, R� �3�.X�OI �� tiP••G�ST �• -f
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Michael lack T4ccdham Michael Jack•Needham
.......................
Registered Professional ;� 5183 a ct
Land Surveyor No. 5183 �N7:Es s%°A°
jnecdham@langan.com t.
S U St`t
October 15,2025
LANGAN �°�' McDonald's Dro�r{ng title PMI=t ""m'°'�
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PROPERTY LINE(SUBJECT TRACT) L2 N14°43'32"W
--PROPERTYLINE(ADJOINING TRACT)
EASEMENT LINE(HEREIN DESCRIBED)
EASEMENT LINE(EXISTING)
EASEMENT TIE TO BOUNDARY
FOUND MONUMENT(AS NOTED) NOTE:
EASEMENT CORNER Bearings are based on the North American Datum of 1983,
P.R.W.C.T. PLAT RECORDS OF WILLIAMSON COUNTY,TEXAS Texas State Plane Coordinate System,Central Zone 4203
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2025103559 Page 7 of 7
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2025103559
Pages: 7 Fee: $45.00
12/31/2025 09:37 AM
KOROURKE
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
MCDONALDS REAL ESTATE COMPANY, hereinafter "Owner," a Delaware corporation,
whose current address is 110 N. Carpenter Street, Chicago, Illinois 60607, 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 795 Louis Henna Blvd.,Round Rock,Texas,
78664,described in the Special Warranty Deed to McDonald's Real Estate Company,
recorded as Document No.2025016769 of the Official Public Records of Williamson
County,Texas(the"Property").
B. City is the record holder of a Surface Drainage Easement recorded in Document No.
2003012530 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 Structures being in the nature of
landscaping and irrigation improvements, as set forth in Exhibit"Al"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 Owners to
encroach on or over a portion of the Easement Area strictly subject to the following
conditions:
(1) The Encroaching Structures may be located only as depicted on the
attached Exhibit"A,"and that no further encroachment or improvements
of any kind in the Easement Arca 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 Owners, and not at the risk
and liability of the City in any manner whatsoever;
(4) Removal of the Encroaching Structures, or the encroaching portion
thereof,shall cause the immediate termination of this Agreement;
(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;
1
ENC 25-00009 DRG McDonalds
(6) The parties expressly agree that the City shall not be responsible for
damage caused to the Encroaching Structures 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 Structures, the Owner 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.
2
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
MCDONALD'S REAL ESTATE COMPANY
a Delaware.,corporation
By. - ' pec Lboo(V
w top- vv`
Date Signed: /i 2a�
CITY
CITY OF ROUND ROCK,TEXAS
By: d �
BroTs Bennett, City Manag r
Date Signed: 1111 V 120Z5
[Acknowledgements on following page.]
3
ACKNOWLEDGMENT
THE STATE OF_x ( § DANIELLE JULJA CARTER
'L ��} / Noteryry Publk,StetsofTerns
(\. My Commission 2027 e
s .•° November 07,2027
COUNTY OF § NOTARY ID 134636171
This instrument was acknowl��}}d,��g`�e�d '� 'before me on this the day of the month ��pl
of ��(� �, 2025, by`�'�Uu Y_ �(Name), /a e 17 Oft( 6t1 -6
Tit e of MCDONALD'S REAL ESTATE OMPANY,a Delaware 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 dee and on behalf of said entity and in the capacity
and for the purposes and consideration ther n e pressed.
ry Public in and for the State of
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSONOA
l
This instrument was acknowledged before me on this V day of VeCCY11 , 2025,
by Brooks Bennett, Round Rock City Manager, in the capacity and for the purposes and
consideration therein indicated.
Notary Public in Mid for the State of Texas
z N�p5
1305
1,1
E
4
EXHIBIT" A"
EASEMENT DESCRIPTION OF A 0.0097-ACRE(*422 SQUARE FEET)TRACT OF LAND SITUATED IN THE
MEMUCAN HUNT SURVEY,ABSTRACT NO.314 IN WILLIAMSON COUNTY,TEXAS, BEING OUT OF LOT 3A,
BLOCK D OF THE REPLAT OF LOTS 3A,4A, &4B WARNER RANCH SUBDIVISION PHASE 1, BLOCK D,
ACCORDING TO THE MAP OR PLAT THEREOF,APPEARING OF RECORD IN DOCUMENT NO.2021184521 OF
THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,TEXAS('O.P.R.W.C.T."HEREAFTER), SAID LOT
3A BEING THAT SAME TRACT OF LAND DESCRIBED IN A DEED TO MCDONALD'S REAL ESTATE COMPANY,
DATED MARCH 6, 2025 AND APPEARING OF RECORD IN DOCUMENT NO.2025016769, O.P.R.W.C.T., SAID
0.0097 ACRES ALSO BEING A PORTION OF THAT CERTAIN SURFACE DRAINAGE EASEMENT DESCRIBED IN
AN EASEMENT TO THE CITY OF ROUND ROCK, DATED JANUARY 14, 2003 AND APPEARING OF RECORD IN
DOCUMENT NO. 2003012530, O.P.R.W.C.T., SAID 0.0097 ACRES BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING at the northwest corner of the herein described 0.0097-acre tract of land, from said northwest
corner a 1/2'rebar with cap stamped'CHAPARRAL BOUNDARY"found in the southerly line of Louis Henna
Boulevard,a variable-width right-of-way,for the northwest corner of said Lot 3A and the northeast corner of Lot
2, Block D of FINAL PLAT FOR WARNER RANCH SUBDIVISION PHASE 1, BLOCK D,according to the map or
plat thereof,appearing of record in Document No. 2019012026,O.P.R.W.C.T., bears N44°28'19'W 32.21';
THENCE traversing through said Lot 3A,with the perimeter hereof, the following FOUR(4)COURSES AND
DISTANCES:
1. N75016`28"E 60.25'to the northeast corner hereof,from which a Type II TxDOT Monument
found in the north line of said Lot 3A and the south line of said Louis Henna Boulevard bears
N15035'36"E 32.48,
2. S14043'32"E 7.00'to the south line of said City of Round Rock easement,
3. S75016`28"W 60.25',with the south line of said City of Round Rock easement,
3. N14043'32"W 7.00',to the POINT OF BEGINNING,enclosing 0.0097 ACRES(422 SQUARE
FEET)OF LAND, more or less. Bearings are based on the North American Datum of 1983,Texas
State Plane Coordinate System, Central Zone(4203).
1,Michael Jack Needham,hereby certify that this exhibit describes
the proposed easement.
G�1 STE
cb 4� F4'9tf1
.......................
Michael ack eedham Michael Jack Needham
.......................
Registered Professional 5183
Land Surveyor No.5183 '�yo•:;F s S N.
jneedham@langan.com S U R
October 15,2025
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LEGEND L1 S14°43'32"E 7.00'
PROPERTY LINE(SUBJECTTRACT) L2 N14°43'32"W 7.00'
-- PROPERTY LINE(ADJOINING TRACT)
......EASEMENT LINE(HEREIN DESCRIBED)
EASEMENT LINE(EXISTING)
EASEMENT TIE TO BOUNDARY
FOUND MONUMENT(AS NOTED) NOTE:
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P.R.W.C.T, PLAT RECORDS OF WILLIAMSON COUNTY.TEXAS Bearings are based on the North American Datum of 1963,
O.P.R.W.C.T.OFFICIAL.PUBLIC RECORDS OF WILLIAMSON COUNTY.TEXAS Texas State Plane Coordinate System,Central Zone(4203).
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