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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 co Fa 9N 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'°'� �, E� LC No.42-34M ENCROACHMENT °a°°2025/,a/15 V-01 N. % saao,te t>m EX02 filename:!angan.co6193bt8�1 3340AP IectDatal_Disupline%SurveyACADlExistIn gwohd (42- tN�onatd' T:7372893= F.7171&9.7861 5WM3�ig8fltllm ��11t TBPELS F'Yn Na.S0194A68 YAWAMSON COLMY TEXAS A.ROYERO/A N Ohoot t of Ismt.dNK 2025103559 Page 6 of 7 0 30' EXHIBIT" A tT M Scab 1••20' � 2g TE'50U L91O Nip,"o . 1A45) p 002 2' A3jSK WA• 2N1G ,° pLpp, N1�O2o �E Moo O M YERVOAM oriR1�1�6N E �R,6N �pElysx QEF pF 4EFE�E1yCE I VolvoARWI Nvp4� / 117.py�RylpLg0 _ /OF BEG1NF1lN625,E 60.25 l VolN� N75° 526 50'FT / CALLED yOF RO C BASEMENT 60- Ci 0 RAINAGE EASEMENT 12026, �, 551628° SURFACE ANT NO.200NOS 2019 5211 �. (pOCUMVOL 009, 7,202" (AS SN000 009,202.R W C.T 0.0097 ACRES 202 0.P• (t422 SQUARE FEET) ENCROACHMENT EASEMENT BLOCK 1) &AB OAK LOT 3A,T5 3A, A561,BL REPLA, of jjBDl\j�tANCO NT No.7.021184521) r. cp WARNER (DOCUMEO PR'W'C.TATE COM AW LOT 2, BLOCK" J �5 REALES 2501676 MCDOOC MENT R W oT' cK sueplvlsloN z WARNER R LOCK D 6 (DpHASE O.P AN 6 1DpCUME IT NO,201901202 ) ROUND ROCK H 021�LLC 6) r' ENT NO.22115895 (DOCUM 0 P R W,C.T. Line Data Table Line# Bearing Distance LEGEND L1 S14°43'32"E 7.00' 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 O.P.R.W.C.T.OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,TEXAS Y ( )• LANI IAN F4ojeat MCDonal&a DI Oak Title t4o}at Na 010019 ft 103 v-ot Ewft o s cn.L c No.42-34" ENCROACHMENT °eti m "25h0/15 EX�Z 9608 N.frAustnYX78rar.S%nest0 7a L Y OF ROUNDR 759 EASEMENT EXHIBIT 0--OCK wooRe j T:7372289.78M F:777.289.7801 m%wi2nWmn 0001 ChKw TBPELSFtmND..019{686 IYALLIAMSON COUNTY TEXAS A.ROMAI NDEDNAY9 'vtfw! 2 M 2 o 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 Projwt LANGAN McDonald's thnw{r1g title Pro)0j= ft U01 th+awtrq flo. E, n� C No.42-3484 ENCROACHMENT 2025/10/15 V-01 N.Uwa 10M Use 110 omon ey EX02 AAMN,1A 187M Filenamme:l angan.coMtW 334D11P jest Data% DisciptinelSurveOCADlExistin [Cj42,-=qfoneld'7:737,289.7500 F:737289.7801 mnTWELS"No.1019M UWAt1SM COWTY TEXAS AROYERO/d xju� Shwt 1 d Zmt.dw 0 20' EXHIBITA p M Scale 1"•20' 0�t��A� 6 ,1 628 p,$ Y 45) �1� 11161r1�z 2°46IS�fi�� �.�vj 2 fouls A gT aS;03� ,�N. �a- �A J ENT o[vM o�REfEaMN�cE D `ED YER D po%%r�o03 MON RESER �f P� 1175 014•oA„E �f REFEaENGE gQ11RE8ARW84 °ARr” I I I I I •r ; O BEGW 51N6 28..E 60 25' � � FT p� N �p 6,526 S ROc f r NW ba 25, ENT CoyLO ROUND E 301253)012026, J 1628 SURFACE PRA 140.200 S.2019 521) (DOCUMENT DOCUME16�1,202118Q tAs 5�0�05Qpg9,2p20g O.P.R.W.C.T. 0.0097 ACRES 202 O.P W (t422 SQUARE FEET) ENCROACHMENT EASEMENT 3A,BLOcK° &4s o LO 1,BLOCK OF LOTS 3AN PNAS REPLAN Stil3l ),VISION NaA WARNER RAoCUMENT R W.GT• C COMPANY )CK D -- (� 0-REAL Esfi 16769) 8Lo lslON NALa NO.2 LOT � Iv 0 T 0250 L suBD WARNER RAMC BLOCK D Mco OOCUMEO.p•R•W C.T. PH�N7,1.2019012026) (DOCUMET. NT CK HENNA]LLC �? ROUND NO IO 2021158956) (DOCUM o p•R WC.T• Line Data Table Line# Bearing Distance 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: � EASEMENT CORNER 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). LANGAN �°'�� �s txo,.tllq Tttte �,�03 V-01 �L nom`mg wo No.4z-3484 ENCROACHMENT 0*"*2025r0/15 96M N.IAWw EW.esm y,StRe 110 795 LOUIS HENNA Ellw EASEMENT EXH I BIT "m By EX02 Awth T:»T.x69.��00 i.M.Ml ,A,.v1a�,wm CITY of ItoUNa Roar aOORE Owdad 01 0001 TBPELS Firm No.`019{666 WWAMSM COUNTY TkXAS A.RMIERG/d:NjjA]M SMrt 9 M R a