CM-2026-090 - 4/3/2026 ELECTRONICALLY RECORDED 2026027764
Williamson County,Texas Total Pages: 6
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between
FROST BANK, hereinafter "Owner," a Texas state bank, whose current address is 1 l l W.
Houston St., San Antonio,Texas 78205,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 1901 E. Palm Valley Blvd., Unit 2, Round
Rock, Texas, 78664, described as Unit 2, C3rklel Commons Lot 1 Block
A Condominium, a condominium project in Williamson County,Texas, according to
the Declaration of Condominium Regime for Cirkiel Commons Lot 1 Block
A Condominium and any amendments thereto, recorded under Document
No. 2024101823 of the Official Public Records of Williamson County, Texas,
together with an undivided interest in and to the common elements appurtenant
thereto (the"Property')
B. City is the record holder of a 10' Public Utility Easement recorded by plat in Cabinet
P, Slide 230 of the Plat 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 Structure being in the nature of a
landscape buffer, 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 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 Owners, and not at the risk and
liability of the City in any manner whatsoever;
(4) Removal of the Encroaching Structure, or the encroaching portion
thereof, shall cause the immediate termination of this Agreement; I
1 "15
ENC 25-00007 PUE Frost Bank
a
2026027764 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 shall not be responsible for
damage caused to the Encroaching Structure 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 Structure, the Owners 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
2026027764 Page 3 of 6
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.
OWNS
FROST ANK0
By: �t -
Date Signed:
CITY
CITY OF ROUND ROTC'}jKf EXAS d/.
�/-
Brook9 ennett, City Manager
Date Signed:
5
[Acknowledgements on following page.]
3
2026027764 Page 4 of 6
ACKNOWLEDGMENT
THE STATE OF T`CXCA- §
§
COUNTY OFexA,>( _ §
This instrument was acknowledged before me on this the -2) day of the month
of NDsU�.01 2025, by (Name), 1/ [f, ff-eS;Cjmt
(Title) of FROST BANK, a Texas state bank, 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 deed of and on behalf of said entity and in the capacity and for the purposes and
consideration therein expressed.
L969660 �l�da4�M--J--.- M
Mff�ANOA QOf Notary Public in and for the St of
Notary Publlc,state of 1'eaas y .
My Comm.Exp.12-B-2626
ID No.13410710 3
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this day of ,'I'1! , 202,&
by Brooks Bennett, Round Rock City Manager, in the capacity and fbr the purposes and
consideration therein indicated.
`�eN �atyCAG!(CI�i���i f�
Y pUBNotary Public in and far the State of Texas
�'• l�rJ
p •'.00FOF��� .
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4
2026027764 Page 5 of 6
Exhibit °A"
CITY OF ROUND ROCK
U.S. HtiG1iW'''Y
9
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SITE
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UNIT 1 "Ga
`[ CIRKIEL COMMONS
I LOCATION MAP
NOT-TO-SCALE
PK
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PK roil (DTamond)
{
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II SCALE: 1"= 60'
1
60' 0' 30' 60'
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4 FDI.R. (Diamond)
RPOLE—\ $ FOOT WIDE LANDSCAPE BUFFER
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cT o n o PER NOTE 4 C D r�
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UNIT 2 CIRKIEL OOMONS 0i
LOT 1 ®LOCK A
10L ' m
` CONDOMINIUM
(DOC. # 2024101823 OPR) —231'
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UNIT 3
CIRKIEL COMMONS ...
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JOB N0. 13683—CO
fr FROST FINANCIAL CENTER - ROUND ROCK
DATE AUGUST 2025
og DESIGNER ROUND ROCK, TEXAS
PAPE—DAWSON
/ - 2000 NW LOOP 470 SAN ANTONIO.TX 16273 1210 375.2000
CHECKED B8 DRAWN.Jr
2026027764 Page 6 of 6
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2026027764
Pages: 6 Fee: $41.00
04/08/2026 02:50 PM
KOROURKE
yt wrr`f j.
i
Nancy E. Rister, County Clerk
Williamson County,Texas