R-91-1641 - 8/8/1991WHEREAS, DMC- AUSTIN APARTMENTS, INC. ( "DMC ") owns certain real
property located within the city limits, and
WHEREAS, DMC has inadvertently located certain improvements,
including a wooden fence, inside a public utility easement, and
WHEREAS, DMC desires to enter into a Consent to Encroach
Agreement to allow DMC to continue to locate the above improvements
within the public utility easement, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Consent to Encroach Agreement with DMC- Austin
Apartments, Inc., a copy of said agreement being attached hereto and
incorporated herein for all purposes.
RESOLVED this 8th day of August, 1991.
ATTEST:
NE LAND, Cit Secretary
RSO8081E
RESOLUTION NO. /49
!\ /
MIKE ROBINSON, Mayor
City of Round Rock, Texas
t7
CONSENT TO ENCROACHMENT
COUNTY OF WILLIAMSON §
THE STATE OF TEXAS
WHEREAS, DMC- AUSTIN APARTMENTS, INC., a Texas corporation
(hereinafter referred to as "Owner ") is the owner of the real
property described Lot One (1) in Block B of Bryan - Sloan, Section
Two (2), as recorded in Cabinet E, Slide 202 of the Plat Records
of Williamson County, Texas (the "Property "); and
WHEREAS, located on the west and north sides of the Property
is a 7.5' public utility easement ( "Easement ") created per Plat
recorded in Cabinet E, Slide 202 of the Plat Records of Williamson
County, Texas; and
WHEREAS, Owner or its predecessor has erected or caused to be
erected certain structures within or encroaching upon the Easement,
including asphalt paving and a wood privacy fence (collectively
the "Improvements "), more particularly shown by cross - hatching on
Exhibit "A" that is attached to this Consent and is incorporated
herein for all purposes; and
WHEREAS, the undersigned, The City of Round Rock ( "City "), the
beneficiary of the Easement, acting herein by and through its duly
authorized representative, desires to consent to the encroachment
of the Improvements upon the Easement;
NOW, THEREFORE, in consideration of the sum of $10.00 and
other good and valuable consideration, the receiptsufficiency
of which are hereby acknowledged and confessed
h City does
hereby consent to the encroachment of the Impro nts upon the
Easement, including, without limitation, the wood privacy fence
and asphalt paving.
The Owner does hereby ratify and reaffirm the rights granted
to the City under the Easement, and to the extent not granted to
the City under the Easement, Owner hereby grants the City the
right:
(1) to make necessary repairs
obligation to replace any
within said easement area;
(2) to enter upon the Property
meters and sewer mains.
zh
EXECUTED this the 1 — day of
THE CITY OF ROUND ROCK
BY:
ga_
NAME: /►1 / KE f aJ' /NSan/
TITLE: /Y)Ay0,2.
within the Easement with no
of the Improvements located
and
to access any and all water
1991.
EXECUTED by Owner this the 13th day of May
THE STATE OF TEXAS
TYPE, PRINT OR STAMP NAME OF
NOTARY PUBLIC AND COMMISSION
EXPIRATION DATE BELOW
oawk�
i f `- .4 CHRISTINE R. MARTINEZ
:• Notary Pubbc, State of Texas
My Commission Expires
JUNE 22, 1993
THE STATE OF TEXAS
COUNTY OF HARRIS
lwtosms.x \0318911007
DMC- AUSTIN APARTMENTS, INC.
BY:' L
NAME: V.T. Caltagirone, III
TITLE: Chief Financial Officer
COUNTY OF WILLIAMSON §
nnn This instrument was acknowledged befRorr�e me on the `l t � day
of , 1991, by l'1k6 /&i& /Ak50J as
fY) i1y0 of the City of Round Rock.
§
Notary Public in and for
The State of Texas
This instrument was acknowledged before me on the 13th day
of May , 1991, by V.T. Caltagirone, III as
Chief Financial Officer of DMC- AUSTIN APARTMENTS, INC., a
corporation, on behalf of said corporation.
TYPE, PRINT OR STAMP NAME OF
NOTARY PUBLIC AND COMMISSION
— )V Io.fz �rtCZ
EXPIRATION DATE BELOW
//Notary Public in and for
The State of Texas
4
r
JULIA A. MELENDEZ Y,
Notary Public. Stale nl
My Commission Expires I Ir r• •
Commission Expires 11/19/94
, 1991.
DATE: August 6, 1991
SUBJECT: City Council Meeting, August 8 1991
ITEM: 9E. Consider a resolution authorizing the Mayor to enter into a
Consent to Encroachment Agreement with DMC- Austin
Apartments, Inc.
STAFF RESOURCE PERSON: Jim Nuse / Steve Sheets
STAFF RECOMMENDATION:
The Public Works staff has looked at these existing encroaches and has no objection to
the agreement.
STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
I, JOANNE LAND, Assistant City Manager /City Secretary of the
City of Round Rock, Texas do hereby certify that the attached
Consent to Encroachment was approved by the City Council Q of the
l)
City of
day of
of the City of
CERTIFIED
Texas on this
Round Rock,
Round Rock book
by my hand and
day of
28 7 6 0
Texas at a meeting held on the
, 1991 which is recorded in the minutes
page(s)
seal of the City of Round
1991.
c� airow lamOG
J NNE LAND
Assistant City Manager/
City Secretary
OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
HP Mel
VOL 2059PAGE493
Rock,
.7
von 2O59na494
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
WHEREAS, DMC- AUSTIN APARTMENTS, INC., a Texas corporation
(hereinafter referred to as "Owner ") is the owner of the real
property described Lot One (1) in Block B of Bryan - Sloan, Section
Two (2), as recorded in Cabinet E, Slide 202 of the Plat Records
of Williamson County, Texas (the "Property "); and
WHEREAS, located on the west and north sides of the Property
is a 7.5' public utility easement ( "Easement ") created per Plat
recorded in Cabinet E, Slide 202 of the Plat Records of Williamson
County, Texas; and
WHEREAS, Owner or its predecessor has erected or caused to be
erected certain structures within or encroaching upon the Easement,
including asphalt paving and a wood privacy fence (collectively
the "Improvements "), more particularly shown by cross - hatching on
Exhibit "A" that is attached to this Consent and is incorporated
herein for all purposes; and
WHEREAS, the undersigned, The City of Round Rock ( "City "), the
beneficiary of the Easement, acting herein by and through its duly
authorized representative, desires to consent to the encroachment
of the Improvements upon the Easement;
NOW, THEREFORE, in consideration of the sum of $10.00 and
other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged and confessed, the City does
hereby consent to the encroachment of the Improvements upon the
Easement, including, without limitation, the wooden privacy fence
and asphalt paving.
The Owner does hereby ratify and reaffirm the rights granted
to the City under the Easement, and to the extent not granted to
the City under the Easement, Owner hereby grants the City the
right:
(1)
(2)
CONSENT TO ENCROACHMENT
to make necessary repairs
obligation to reple ny
within said easemenara;
to enter upon the oprty
meters and sewer mas.
EXECUTED this the
day of
THE CITY OF ROUND ROCK
BY:
NAME: fill KE / 013 /NJON
TITLE: MAYOR-
within
7 YO,-
within the Easement with no
of the Improvements located
and
to access any and all water
CL , 1991.
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
TYPE, PRINT OR STAMP NAME OF
NOTARY PUBLIC AND COMMISSION
EXPIRATION DATE BELOW
CHRISTINE R. MARTINEZ
f - 1 Notary Public, State of Texas
fiNa. �} My Commission Expires
JUNE 22, 1993
THE STATE OF TEXAS §
COUNTY OF HARRIS
TYPE, PRINT OR STAMP NAME OF
NOTARY PUBLIC AND COMMISSION
EXPIRATION DATE BELOW
awtorm.., \0329911007
RECORDERS MEMORANDUM
A11 or parts of the text on this page was not
clearly legible for satisfactory recordation.
EXECUTED by Owner this the 13th day of MaY , 1991.
DMC- AUSTIN APARTMENTS, INC.
BY:` �I GG�iZ>
NAME: V.T. Caltagirone, III
TITLE: Chief Financial Officer
This instrument was acknowledged 1991, by before me on the 7 day
of y nniKE 1 13M5P,J as
of the City of Round Rock.
This instrument was acknowledged before me on the 13th day
of May , 1991, by V.T. Caltagirone, III as
Chief Financial Officer of DMC- AUSTIN APARTMENTS, INC., a
corporation, on behalf of said corporation.
Notary Public in and for
The State of Texas
— /V )1/ I.Of i'-.,L4Z
/ Notary Public in and for
The State of Texas
•
•
JULIA A. MELENDE7
Notary PubIK, State of 1 ,.,,
My Commissan &pros 1 L r• • r
Commission Expires 11/19/94
VOL 2059p„ 6£495
STATE OF TEXAS COUNTY OF WILLIAMSON
hereby certify that this instrument was FILED
on the date and at the time stamped hereon
by me. and was duly RECORDED in the Volume
and Page of the named RECORDS of Williamson
County, Texas, as stamped hereon by me, on
COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
Oh-ct L totwuyu to
CITY OF ROUND ROCK
ADMINISTRATION
221 EAST MAIN STREET
ROUND ROCK, TEXAS.. 78664