CM-2015-830 - 7/20/2015 111101H 1111110IIIIII AGRGS 2015062359
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into
between Robert S. and Melissa C. Slocum, hereinafter referred to as the "Owners," whose
address is 3436 Ranch Park Trail, Round Rock, Texas 78681, and the City of Round Rock,
Texas, hereinafter the "City," a municipal home-rule corporation whose address is 221 East
Main Street, Round Rock, Texas 78664, and becomes effective on the date this document is
signed by the City Manager of the City of Round Rock. The City and the Owners agree as
follows:
A. City is the record holder of the Public Utility Easement, hereinafter the "Easement,"
described in Exhibit A attached hereto and made a part hereof for all appropriate
purposes.
B. The Owners are the record owner of certain property described in Exhibit B attached
hereto and made a part hereof for all appropriate purposes.
C. The Owners have requested that City allow an encroachment on or over the
innermost six (6) feet the Easement, with the encroachment being in the nature of a
swimming pool, to be installed partially within the encroachment which is shown in
Exhibit A.
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 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 belonging to the City 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) The permission of the City in allowing such encroachment shall be
strictly limited to this particular request, and shall not ever be construed
as establishing any precedent whatsoever;
(5) The parties expressly agree that the City has full authority in an
emergency to remove or permit to be removed, in whole or part, the
encroaching structure, and such removal shall be allowed without
notice to the Owners and without any obligation whatsoever on the part
337665bk
of the City to replace or repair any part or the whole of the encroaching
structure;
(6) In a non-emergency situation, the Owners agree to be solely responsible
for removal of the encroaching structure to the City's satisfaction, and
such removal shall be completed by the Owners within forty-eight (48)
hours of actual notice to the Owners of the City's directive to remove
same. The parties expressly agree that, in the event the Owners fail 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 Owners;
(7) The parties expressly agree that the City shall never be responsible in
any manner whatsoever for damage caused to the encroaching structure
related to the City's operation, maintenance, or installation of utilities
contained within the Easement;
(8) 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 their successors, assigns, officers, employees and
officials. The parties agree that the provisions of this section shall
survive the termination of this agreement; and
(9) Relative to any subsequent purchaser of the encroaching structure, the
Owners expressly agree to adequately inform any such purchaser of the
property as to the existence of this Agreement and provide a copy of
same.
(10) The City reserves the right to rescind this Agreement at any time, with
or without cause.
2
By execution below by the Owners and the appropriate authorities of the City of Round
Rock, Texas, the signatories bind the entities to obey all conditions of this Agreement.
Owners
Bye_
Robert S. Slocum
Date Signed: 7- /- /5-
.._ S
By: 11, - l ()l,'�/—
Melis�a C. Slocum
Date Signed:
City of ' sand Rock,Texas-
I/ 1 '� c
By:� i
Laurie Hadley, C ty 1 : 'ager
Date Signed: ,J-013
ATTEST:
aNtz r
City Seeretary, City of ound Rock
AP'R 1 VED AS TO FORM:
City Alrney, City of Round Rock
3
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
1 .
This instrument was acknowledged before me on this t 5, day of J v t_v , 2015,
by ROBERT S. SLOCUM, whose name is subscribed to the preceding instrument, and
acknowledged to me that he executed it for the purposes and consideration expressed in it.
isr-,te
-§;;Ylo DIANE BUCK Notary Public in and for the State of Texas
`, My Commission Expires
April 25,2018
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this 1 day of J u c-y , 2015,
by MELISSA C. SLOCUM, whose name is subscribed to the preceding instrument, and
acknowledged to me that he executed it for the purposes and consideration expressed in it.
=,4iii ei DIANE BUCK Notary Public in and for the State of Texas
♦'\h My Commission Expires
d,1 April 25,2018
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON ��
This instrument was acknowledged before me on this G- k day of , 2015,
by LAURIE HADLEY, CITY MANAGER of the City of Round Rock, in th- ca.a ity and for
the purposes and consideration therein indicated.
. 6(ht//ut `-4(a'//1/1e-
Notary Pub1i and for the State of Texas
MONIQUE ADAMS„ . PAY COMMISSION EXPIRES 4
September 18,2015
Encroachment Agreement
Behren's Ranch Phase C Section Five — Lot 3, Block H
3436 Ranch Park Trail
IN 70.'47'12"E 60.001
N 70°50'48E 59.99'
_____"___i_.•
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LOT 3
I
i :II
6 foota ti
•2.9. 10:9' 15 foot
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b .6:1.,...E.• PUE
Encroachment 'i 11! . 1:: ,:`-.1i:-• - 5.1'
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into a 15 foot I ]
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0
2-STORY STONE. F.
I STUCCO, BRICK
5.01.\. 40 a FRAME HOUSE .
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Ranch Park Trail
Exhibit A
i
EXHIBIT B
�
G O oJO?)S o•C,.
(671,-) . • 1111111111 11111111111 111111111111111111 DEED 2007
3 PGS 083606
\----:":7 , . •
<;-"72) . WARRANTY DEED WITH VENDOR'S LIEN
triaNISIF CONFIDENTIALITY RIGHTS:IF YOU ARE A NATURAL PERSON,YOU
` ,,�� M VE OR STRIKE.ANY OF THE FOLLOWING INFORMATION FROM THIS
II ST�� . EFORL IT IS FILED FOR RECORD IN THE •PUBLIC RECORDS:
O RSA S CU 3ITYNUMBER OR YOUR DRIVER'S .
Date: EP ` ICE2907 .
Grantor /•rlllEf�1 ( $OMES OP TEXAS,LLC,SUCCESSOR BY MERGER TO
1,,,i T4,GtE HOMES OF TEXAS L.P.P/K/A LEGACY/MONTEREY•
r�'x,L. .
Z Grantor's Marti •dtlxe:; (in uding county): .
O ni.. .,r -_4e t .b • *' .
0 Grantee: ROBERTS . -MUM - I MELISSA C.SLOCUIVI,HUSBAND AND •
WIFEf
Grantee'sMailingAddress 'rave 'ty:
17911 WORLEYDR.
PELUGERV.ILLE,TEXAS 75660
WIIZIAMSONOOUNTY, \
Consideration: TEN AND NO/100 DQ ' an o good and valuable consideration •
and the further consuleration.of a note of ev: claw a r u,nd the rind amount of ONE
' HONORED NINETY THOUSAND ONE gym. D NO/100 DOLLARS($190,100.00)
and is executed by Grantee,payable to the orde of EiRST'�i L 7N MORTGAGE,LTL). The .
note is secured bya vendor's lien retained in favor cf�I-IOUS NMORTGAGE,LTD.in this
deed and bya deed of trust of even date,from Gra.ntefl GOWINU,'1lvstee, There is
also the.fiuther consideration of a second note of even nt.,than' principal amount of
• TWENTY-NNE THOUSAND THI BE'HUNDRE AN)D.N. • v s 4/LIARS($29,300.00)and ' •
is executed by Grantee,payable to the order of TBC DIST EQ• TY Atte n n to is secured bya
vendor's lien retained in favor of IBCFIRST EQUITY in this ' ti/and b .a inferior,second,junior . •
and subordinate deed of trust of even date,from Grantee to �„ 'l i � -• 'i. ,
• 'Trustee. • `�� �''/ r'
•
FIRST HOUSTON " '''
TONMORTGAGE,LID.,at Grantees request' .pa► h to Grantor
that portion of the purchase price of the propertythat is evidenced by Otter descr2 d, vendor's
lien and superior title to the property rut rectined for die benefit(Joofii LITTON
• MORTGAGE, LTD. and are transfer d to FIRST HOUSTON MOR`-GCE .,'thout
•recotuse on Grantor. • ."
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RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation.
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. EC-7:".„',/ • ,
7---;7")-- . .
rop (including any improvements) ,
LOT 3,
BLOCKIH,OP BEHRENS RANCH,PHASE C,SEC.;IIONFIVE,AN .
-'7,DD TION IN AND TO THE CITY OF ROUND ROCK,WILLIAMSON COUNTY,
,,,../TTE , tieoRDING TO THE MAP ORPLAT,OF RECORD N CABINET X,
." S S 233, ,PLAT RECORDS WILLIAMSON COUNTY,TEXAS.
• \ ea tions F Exceptions to Conveyance and Warranty;
'
Easoments,rtgh -way,and prescriptive rim,whether of record or not;all presently .
'recorded i o,b• .liens and conveyances,that affect the property;taxes for the current
year,the panct�wh b.e assumes.
Grantor,fo -rtlr� ons d c ee t of which is acknowledged,and subject to the •
reservations from an�3,esce ofns4 ., eyance and warranty,grants,sells and conveys to Grantee the
property,together with all s ,theyights and appuiteuances thereto in anywise belonging,to .
. have and hold it to Gran pratme:S's� ira, ecuror,administrators,successors or assigns forever. •
Grantor binds Grantor an 'G is h rem, administrators and successors to warrant and
forever defend all and sing thoperty GG"den
Grantee's heirs,executors,administrators,
successors and assigns againste perso °nap{erlawfullyclaimingortoclaimthesame.orany
part thereof,except as to the rase .to /2 exceptions to conveyance and warranty.
•
The vendor's lien against and dor title to pro are retained until each note dcscr ed
• is fully paid according to its terms,at which time ' d s •ill me absolute.
• 1y71ren the context requires,singular ens d to mch,de the plural.
%
MERrrAGE ROMUES or TEXAS,LLC ()
•
tm Arizona limited liability company,successor by `�' I •
merger to Meritega Homes of Tox as LP.,successor (...../••"------*N
to MT11}tames-Texas,L.P. ,r—
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:31; ReiaLl:-P-cglias.-V-2-P7Vir -144,14.42— . Kr../..„.3. .
'I511c:Vice President-Operations-Austin "L
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RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation.
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' ,•..._ ec,5 c'1„--)' .. .
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le' This etre t% plowledged before me on this 28th day of September,2007,b�icc
Prcald nt erg geld es of Taw,LLC,all Atiaonalimimdliabilitycompany,successorbymergertoMentage'
Homes oS f Taub;L.P, �ndrat�s!imited partnership,suoccssor to MTH Homes-Tam,L.P.,an Arizona Limited
partnersbi5.ott fof eeid anti(iea thcrain staled.
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. AFTER RECORDING RETURN TO: f`r-. •
ROBERT S.SLOCUM AND MELISSA C.SLOpU 2 .
34.36 RANO PARK TRAIL t
• ROUND ROCK1 TEXAS 78681 ..' F Y •
• �
F rLg
, o,,41-No RECORDED'41.
2001083606
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PHBR3C6-2'4.0
NANCY E. S7 R, CO CL K
UILLIAMSON OUTV EXXAAf
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STEWAR]'TITLE El, •
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RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation.
CITY OF ROUND ROCK FILED AND RECORDED
221 EAST MAIN STREET OFFICIAL PUBLIC RECORDS 2015062359
ROUND ROCK, TX 78664
�a,.'' 7 ,
Nancy E. Rister, County Clerk
OaeWilliamson County, Texas
�•Nso�
July 21, 2015 01:07 PM
FEE: $53.00 VPAVLOVICH
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into
between Robert S. and Melissa C. Slocum, hereinafter referred to as the "Owners," whose
address is 3436 Ranch Park Trail, Round Rock, Texas 78681, and the City of Round Rock,
Texas, hereinafter the "City," a municipal home -rule corporation whose address is 221 East
Main Street, Round Rock, Texas 78664, and becomes effective on the date this document is
signed by the City Manager of the City of Round Rock. The City and the Owners agree as
follows:
A. City is the record holder of the Public Utility Easement, hereinafter the "Easement,"
described in Exhibit A attached hereto and made a part hereof for all appropriate
purposes.
B. The Owners are the record owner of certain property described in Exhibit B attached
hereto and made a part hereof for all appropriate purposes.
C. The Owners have requested that City allow an encroachment on or over the
innermost six (6) feet the Easement, with the encroachment being in the nature of a
swimming pool, to be installed partially within the encroachment which is shown in
Exhibit A.
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 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 belonging to the City 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) The permission of the City in allowing such encroachment shall be
strictly limited to this particular request, and shall not ever be construed
as establishing any precedent whatsoever;
(5) The parties expressly agree that the City has full authority in an
emergency to remove or permit to be removed, in whole or part, the
encroaching structure, and such removal shall be allowed without
notice to the Owners and without any obligation whatsoever on the part
337665bk
Cm I S-- &__30
of the City to replace or repair any part or the whole of the encroaching
structure;
(6) In a non -emergency situation, the Owners agree to be solely responsible
for removal of the encroaching structure to the City's satisfaction, and
such removal shall be completed by the Owners within forty-eight (48)
hours of actual notice to the Owners of the City's directive to remove
same. The parties expressly agree that, in the event the Owners fail 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 Owners;
(7) The parties expressly agree that the City shall never be responsible in
any manner whatsoever for damage caused to the encroaching structure
related to the City's operation, maintenance, or installation of utilities
contained within the Easement;
(8) 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 their successors, assigns, officers, employees and
officials. The parties agree that the provisions of this section shall
survive the termination of this agreement; and
(9) Relative to any subsequent purchaser of the encroaching structure, the
Owners expressly agree to adequately inform any such purchaser of the
property as to the existence of this Agreement and provide a copy of
same.
(10) The City reserves the right to rescind this Agreement at any time, with
or without cause.
2
By execution below by the Owners and the appropriate authorities of the City of Round
Rock, Texas, the signatories bind the entities to obey all conditions of this Agreement.
Owners
By �—
Robert S. Slocum
Date Signed: 7-1– /S
By: 19io Ayam- ✓ ? .PJ
Melis a C. Slocum
Date Signed:
-1-t- 15
City of and Rock, Texas
By
:
LLaurie Hadley, C y ager
Date Signed: .4?0-
ATTEST:
UM
City Seery, City of ffound
Rock
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
1ST L
This instrument was acknowledged before me on this l day of J U 2015,
by ROBERT S. SLOCUM, whose name is subscribed to the preceding instrument, and
acknowledged to me that he executed it for the purposes and consideration expressed in it.
oma`" DIANE BUCK Notary Public in and for the State of Texas
�' My Commission Expires
April 25, 2018
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
S, r
This instrument was acknowledged before me on this day of J Ut- 12015,
by MELISSA C. SLOCUM, whose name is subscribed to the preceding instrument, and
acknowledged to me that he executed it for the purposes and consideration expressed in it.
DIANE BUCK Notary Public in and for the State of Texas
My Commission Expires
April 25, 2018
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this Z- day of 2015,
by LAURIE HADLEY, CITY MANAGER of the City of Round Rock, in tW cap6kity and for
the purposes and consideration therein indicated.
'74�
Notary Publi and for the State of Texas
nrjyw; MOW*ADAMS 4
=•• Y: My COMMISSION EXPIRES
SepWrbw16,2015
MCI, Y-,XN?,elm
jj7j,,?,a�.Wk;o:) yhl
amg
Encroachment Agreement
Behren's Ranch Phase C Section Five — Lot 3, Block H
3436 Ranch Park Trail
(N 70`47.12`E G0.00•1
N 70°50'48"E 59,99'
--"•C IS 70°43'57'W 60.00'1 0
I .S 70°46'14"W 60.07'
Ranch Park Trail
Exhibit A
5.1•
15 foot
PUE
LOT 3
;
6 foot
Encroachment
into a 15 foot
PUE
„�
e.o
w
2 -STORY STONE -
STUCCO, BRICK
5.0'.
11_
a FRAME HOUSE
10.0•
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Q
I
-
1
10.0' o
25.r o
I._ ••`. .. ... .. c.. ..,,149' .
l`.
--"•C IS 70°43'57'W 60.00'1 0
I .S 70°46'14"W 60.07'
Ranch Park Trail
Exhibit A
5.1•
15 foot
PUE
EXHIBIT B
ay/' 03ooss��,.
� IIA�dIIR��Y191��Y1 ;�,NUNN
W.,.aAMva13EoWITH vmrooas,.mn,
TIMNP CONFMWgTIALUTY RIGXTSt IF YOU ARS A NATrJRAL PERSON, YOU
VE OR STRIRB ANY O)P THE FOLLOWING INFORMATION FROM THIS
RE IT IS FILED FOR RECORD IN THE PUBLIC IMCORDS:
n�8 Til1%nRWBER OR YOUR DP.X`PBR'S
Date• 7 ,
Grantor: 0MZS OP TMUS, LLC, SUCCESSOR BX MERGER TO
T HOMES OF TMW L.P. F/K/A LEGACY/MOWEREX-
O
� Grant`or's IVI (ur 4 cour►� .. .
ca nua s , (if vd-:s
'
z Grantees ROBER -O6 MELISSA. C. SLOCUM, HUSBAND AND
0 •WE
Grantee's Address o
17911 VORM
...r. PPLUGERV=, TEM 7866
VXUAMS0N0DUT, Y, .
Considecaam UN.AND NO/100 o good and vahiable consideration .
and the huther considetadon.of a note of data ls' amount of Om
HLIN1tED 1*4]MTYTHOWMAND arm 100 DOLLARS ($190,100.00)
and h evxmdbyC•.ramee, payable to the ov& f RS NMOMAGE, LTD, The
mote is secured bya vendor's lien retained in HtXS MORTGAGE, LTD. in this
deed and by decd of trust of even date, from Grim B GOV010, Ikustee, There is
Also the.fiudwrconsideradon of a secondmote of even she ys' principal aroourn of
TWENN -NDE THOUSAND THM- RB LtARs 09,300.00) and • .
is ewxutedbyGrantee,payable to the order of IBCPm=T n to is se cu bya
vendor's lien retaiaed in favor of IBCFMT EQUITY in this inferior, second, *ior
and subordin•: a deed of trust of even date, from Gmnm to ' na
• Trustee.
FiRS'r HOUSTQN MORTGAGE, LTD., at G— .06 req to Grantor
that portion of the Purchase price of the propertyt1m is gviderued by� vendors
• lieu and supegor title to the pro rty are for tine ben of LBTON
MOR'1yGAGE, LTD. and arc trans to IOST HOUSTON MOR
• twome on Grmwr.
cop (hiduding any improvements)
�.0 3, BL= qac, OF BEMENS RANCt-� PMSF- q SEMON FM, AN
• ON IN AND TO THE MY OF ROLM R=l V HIJAIVEON COUNTY,
• xnlrtc To TEE LW ORPLAT, OkiREOOFM IN COMET X
S S 23 PLAT RECORDS VDIIIIAMSONOOUNN, TEXAS.
• ea ons Exceptions to Conveyance and Warranty:
B -Wary, and preupptive rights, whether of record or not; allpresently
recorded i MO.. ]ices and conveyances, tW affect the property; treses for the ci=nt
year; the pa t+6f a aSsutnes.
' Gmntor, fo �t of which is scimowkdged, and subject to the
reservations from yazue and ora wq,, grants, sells and convoys to Grantee the
mpu% together �cvith s' 'ghts atzd appuitreaances thettioa in anywise belonging, to
ave and hold is do Gran e' ' , cutor, admh istrarors, successors orassigns forever.
Gmtorbin& Griataran s adaninistrat, i and successors towarramaad
forever defend all and singi GmaoWs heirs, ma=nors, adminisaators,
successors and assigas nonst w I? emp hwf*chiorto cW mthe same.orany
Part thereof, except; as to the nes ro exceptions to eoav mee and wamaty.
Zhe vendor's Jim against and riortitle to pry as reminedundleach note c6crtbed
• is fity paid according to its terms, atwhich'timn d me absolute.
• V kn the context requires, singular urs utci+rde the plural.
BU=ACE EOMW OF T&US, LLC
an Adze= limited liability comp=y, masorby
merger to Merirage Homes of Foxes, U., successor
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City of Round Rock
TUND
°�AS ROC` Agenda Item Summary
Agenda Number:
Title: Consider executing an Encroachment Agreement for the inner most 6 -feet
of a 15 -foot wide Public Utility Easement (PUE) located along the rear
property line of Lot 3, Block H, Behren's Ranch Phase C Section Five,
affecting 3436 Ranch Park Trail.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 7/17/2015
Dept Director: Brad Wiseman, AICP, Director of Planning and Development Services
Cost:
Indexes:
Attachments: Encroachment Agreement, Exhibit A - Location Map, Exhibit B - Property
Deed
Department: Planning and Development Services Department
Text of Legislative File CM -2015-830
Consider executing an Encroachment Agreement for the inner most 6 -feet of a 15 -foot wide
Public Utility Easement (PUE) located along the rear property line of Lot 3, Block H,
Behren's Ranch Phase C Section Five, affecting 3436 Ranch Park Trail.
This is an application to allow a 6 -foot wide encroachment into a 15 -foot wide PUE that runs
along the rear property line. Section 36-46 of the Subdivision Ordinance allows a
landowner to request the vacation of an easement established by an approved plat or by
separate instrument. Since the City of Round Rock Utilities and Environmental Services
Department wanted to retain a portion of the PUE for future utility expansion, an
Encroachment Agreement is better suited for this request.
The purpose of the Encroachment Agreement is to allow the property owner additional
space for the construction of a pool. Following negotiations between the applicant and the
City of Round Rock Utilities and Environmental Services Department, a 6 -foot wide
encroachment into the existing 15 -foot wide PUE was acceptable with all parties.
The City of Round Rock Utilities and Environmental Services Department has consented to
the proposed encroachment.
Staff recommends approval of the encroachment agreement.
City of Round Rock Page t Printed on 7/7/2015
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Planning and Development Services Project Name: Encroachment Agreement - Behren's Ranch
Project Mgr/Resource: Diane Buck
r—Icouncil Action:
ORDINANCE
City Manager Approval
Contractor/Vendor: None
RESOLUTION
CMA Wording
Consider executing an Encroachment Agreement for the innermost 6 -feet of a 15 -foot wide PUE located along the rear property line of Lot
3, Block H. Behren's Ranch Phase C Section Five, affecting 3436 Ranch Park Trail.
Attorney Approval
Attorney J� Date
C:\Users\ssandre\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\UTM40BRQ\Legal Approval Form - CC or CM
Action(Behren's Ranch).xls Updated 6/3/08