CM-2015-831 - 7/20/2015 111111 11111111 II II II A9
GRGS 2015062360
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into
between Round Rock Executive Building, Ltd., hereinafter referred to as the "Owner," whose
address is 1360 Patterson Road, Austin, Texas 78733, 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 Owner 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 Owner is the record Owner of certain property described in Exhibit B attached
hereto and made a part hereof for all appropriate purposes.
C. The Owner has requested that City allow an encroachment on or over a portion of
such easement, with the encroachment being in the nature of a monument sign which
is shown in Exhibit A.
D. By execution of this Agreement, the City grants its limited consent for the Owner 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 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 Owner, 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 Owner and without any obligation whatsoever on the part
of the City to replace or repair any part or the whole of the encroaching
structure;
337712bk
(6) In a non-emergency situation, the Owner agree to be solely responsible
for removal of the encroaching structure to the City's satisfaction, and
such removal shall be completed by the Owner within forty-eight (48)
hours of actual notice to the Owner of the City's directive to remove
same. The parties expressly agree that, in the event the Owner fails 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 Owner;
(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 or maintenance of the utilities contained
within the Easement;
(8) The Owner 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 Owner 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 Owner 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 Owner,
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; and
(9) Relative to any subsequent purchaser of the encroaching structure, the
Owner expressly agrees 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.
(this space intentionally left blank)
2
By execution below by the Owner and the appropriate authorities of the City of Round
Rock, Texas,the signatories bind the entities to obey all conditions of this Agreement.
Owner—Round Rock Executive Building, Ltd.
By: Texcal Properties, L.C., General Partner
By: ,- / (a ) ,ofocr4
ichael E. Lackey, as member of Texcal
Properties, L.C.
Date Signed: 7 - 2 - 2 o/r
City of and Rock, Tex s
Byta - a
Laurie Hadley, it Manager 6
Date Signed: -7,Po is
ATTEST:
I ATA - IIIIIFIP
City Sec-reta y, City of Round Roc
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APP ' U VED : S T FORM:
-14.12 A 1
City 1' ttorney, City of Round Rock
3
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON s�
This instrument was acknowledged before me on this 2 day of a1 , 2015,
by MICHAEL E. LACKEY, whose name is subscribed to the preceding irAtrument, and
acknowledged to me that he executed it for the purposes and consideration expressed in it.
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'OP;MP�i9���' (� �.�-L�./
Nota Public in and for the State of Texas
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ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
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This instrument was acknowledged before me on this 2,(J day of41,tl , 2015,
by LAURIE HADLEY, CITY MANAGER of the City of Round Rock, in the cap city and for
the purposes and consideration therein indicated.
• Nota y Public in an or the State of Texas
i"11,'�Yy- MONIQUE ADAMS
MY COMMISSION EXPIRES
s-404,"04. September 18,2015
4
Page 1 of 2
EXHIBIT A
Location: City of Round Rock, Williamson County,Texas
Subdivision : Stella Subdivision, Section 2, Lot 1, Block A
Parcel: 35 Square Foot Tract
PROPERTY DESCRIPTION
DESCRIPTION OF A 35 SQUARE FOOT TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY,ABSTRACT NO.298 IN
THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CALLED LOT 1,BLOCK"A",
STELLA SUBDIVISION,A SUBDIVISION OF RECORD IN CABINET G,SLIDES 23 OF THE PLAT RECORDS OF WILLIAMSON
COUNTY,TEXAS, SAID 35 SQUARE FOOT TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a TxDOT Type 1 concrete Highway monument found in the existing westerly Right-of-Way
(ROW)line of South Mays Street in said City of Round Rock,Texas,being an angle point in the easterly boundary line of said Lot 1.
Block"A",Stella Subdivision,Section Two;
THENCE, with said existing westerly ROW line, N 11°01'46"W for a distance of 13.13 feet to a calculated point;
THENCE, departing said existing westerly ROW line,through the interior of said Lot 1,Block"A",S 78°58'14"W fora distance of
10.38 feet to a calculated point for the southeasterly corner and POINT OF BEGINNING of the herein described tract;
THENCE,continuing through the interior of said Lot 1,Block"A",the following four(4)courses:
1) S 80°52'42"W for a distance of 2.50 feet to a calculated point for the southwesterly corner of the herein described tract;
2) N 09°07'18"W for a distance 14.00 feet to a calculated point for the northwesterly corner of the herein described tract;
3) N 80°52'42"E for a distance of 2.60 feet to a calculated point for the northeasterly corner of the herein described tract;
4) S 09°07'18"E for a distance of 14.00 feet to the POINT OF BEGINNING,containing 35 square feet of land,more or less.
This property description is accompanied by a separate parcel plat.
•
All bearings recited herein are based on the Texas State Plane Coordinate System,Central Zone No.4203,NAD 83.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That I, Lawrence M. Russo, a Registered Professional Land Surveyor, do hereby certify that the above description is true and
correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the
ground under my direct supervision.
WITNESd MY HAND AND SEAL at Round Rock,Williamson County,Texas.
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Lawrence M.Russoate�
\Registered Professional Land Surveyor o.5056 � :�:
Inland Geodetics,LLC o ,
Firm Registration No:100591-00 j,,:-•f{e,,aeeacaa•aP�,t
1504 Chisholm Trail Road,Suite 103 AC.. °u;\,it Y ij°�;1<,��t
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Round Rock,TX 78681 A roo .w is> s-ov Zl1
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S:\RR EXEC n1.UGmEC1'1\EASE 35 SQUARE FOOT TRACLdor -1.'4 60% ,y
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EXHIBIT A
GT 2 PLAT TO ACCOMPANY DESCR1P770N •
(7.576 AC.) LOT 3, (1.225 AC.) '
MAYS CROSSING I MAYS CROSSING SUBDIVISION
AB. V.,SIGN CAB. V. SL. 75.P.R.W.C.T.
CAB, V. SL. 75 (R 2sm'or E 369.91 —_- -_-....,----,--71,.. ��,....
P.R.VI,C.T. 79' N 863812"E 369.9' __ „e-:- ‘6
7.5'P.U.E.PER PIAT — V-,. '-a•-..7-.:7-,f,
• LENZ&o ___ 7.9 SEE DEOUL\. ' ''o ff
ASSOC. `•----- 2 STORY STONE AND FRAME {
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OFFICE BUILDING 35'P.U.E. % y l • •I^
1 VOL.07.841 322 1�, 1 j• %.,./':"20.Sv w.1.mt.;
IIT O.R. T 272
I = tn 'N N
LOT 1. BLOCK "A" -I o , aC
Z I STEI.LAOSUBDIVSION •Il •I i rw+> °'{
=u`I SECTION TWO ii .r r .e:o-g
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3a gi P.R.YLC.T. r 4- - 1n P *�
?•,i 1/' S 86'31'48"1Y 251.45. "��"� i'a '-N •
^I c ^m (snr5S3o-w 251.771L---------- —y <-t
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I'm''`I -,�-. �30'TP.r�EIEC.Ma. �..535 ` 911h'�36 W m
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I -to LOT T ..i
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1/2 CAP.R.W.C.T.BBAMENDEDSL 24 2s 0 25 so
1/ S V1-11.9''' 1 L.• —-_--- !
-- —— LOT I, (10.007 AC.) I SCALE 1'= 50' I
SOUTHGAiE APARTMENTS,LTD I {
CAB. F, SL. 288. P.R.W.C.T,
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1 1.. N80'S24.2E ',9.91.
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1 I �_"'%"_ s - 1 2 UTILITIES DEPICTED HEREON ARE DERIVED
1 ;LOT 1, BLOCK "A'.1 _ FROM MARKINGS FOUND AT THE TIME OF
1 STELLA SUBCIVSICN.y '4 c - THE FIELD SURVEY AS PLACED BY UTILITY
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y SECTION TWO :1y �1,"� jg-5$1;w - LOCATING SERVICES PROVIDED BY TEXAS
y P.O.B. ••-. 10.39 ' • 811.
y ��2a-.a . •z i EXACT LOCATIONS ARE SUBJECT TO ERROR
y _ MARGINS OF LOCATOR'S INSTRUMENTS.
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FTA IL 0 1/2" IRON ROD FOUND '5' o
UNLESS NOTED OTHERUISE
L, CALCULATED POINT
P.O.C. POINT OF COMMENCEMENT
rip P.O.B. POINT OF BEGINNING
AS SURVE`ED BY: Q• a1sT�'"�,�y.� B PROPERTY UNE
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,..' '�-0;c a;r D.R.V/.C.L DEED RECORDS VhLUAMSGY
-\' �II �-•"..—.=`�' OZ/7-120' " C LAY'"EiCEM.BUS5JD COUNTY.TEXAS
LAWRENCE M.RUSSO DATE/ �t,o C P.R.VLC.T. PLAT RECORDS%%LAMSON
REGISTERED PROFESSIONAL(LAND-SURVEYOR NO. 5050 • i Qo{T t!,' COUNTY.TEXAS
INLAND GEODETICS, LLC .1'�/y�ti'.«s1 +''O/ P.U.E. PUBLIC UTIUTY EASEMENT
FIRM REGISTRATION NO. 100591-00 t• SUr'.ti`Fi F' ( ) RECORD INFORMATION
1504 CHISHCW TRAIL ROAD. SUITE 103
ROUND ROCK. TX 78581
=� INLAND ', 35 SQUARE FOOT TRACT
BEING A PORTION OF
GEODET'C5 LOT 1, BLOCK 'A"
noassvo,:.0 t.wo umvsvoz
1so
J STELLA SU .N, SECTION TWO
asoFTSIT..703 CABINETNET CG, SUDS 23 •
rn.0IDJI1•I1N,1/5017713E•1151 PLAT RECORDS OF WILUAMSON COUNTY.TEXAS PAGE 2 OF 2
S:\RR ERIC MCC\EGP1\PAS'\RRIDTCE10G-E SS:en
`,, EXHIBIT B
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C, 0.''' //1AFTER RECORDING, PLEASE RETURN TO:
f/ H. David Hughes
Brown McCarroll E. Oaks Hartline
77 111 Congress Avenue, Suite 1400
Austin, Texas 78701
DOC# 9607612
f f {f . WARRANTY DEED
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TH STAT F TE S §
t __- § KNOW ALL BY THESE PRESENTS:
COUNTY O WII,f fSTiN §
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Tf\a,VMI 41AEL E LACKEY and wife, DENISE L. LACKEY ("Grantor")
whose mailifig aclkn is is 1505 Falcon Ledge, Austin, Texas 78746,
for the Tbns) erst {� hereinafter stated paid and secured to be
paid by ROUND R6CK/EXECUTIVE BUILDING, LTD. ("Grantee") , a Texas
limited parte€rsMp_in the manner hereinafter stated has GRANTED,
SOLD AND CONVEYED; alhd by these presents does GRANT, SELL AND
CONVEY unto &e-a.. . ee.:the ollowing described real property, together
with all improemefntq t erscir, to wit:
Lot One (1) , 1.oc '1 V STELLA SUBDIVISION SECTION TWO,
an addition-to--tile City of Round Rock, Williamson County,
Texas, according tp'tbe-�map or plat thereof, recorded in
Cabinet G, Sl'de. 3, Pla Records of Williamson County,
Texas ("Proper .")-7'
TO HAVE AND TO HL] tjieP o rty.3, together with the rights and
appurtenances thereto. belang�i-ng„j unto Grantee and Grantee's
successors and assigns„ fox ver; and Grantor does hereby bind
Grantor and Grantor's subs' sots and assigns to WARRANT AND FOREVER
DEFEND the Property untcS Grantee an r Grantee's successors and
assigns, against every peen whomsve lawfully claiming or to
claim the same or any part thereof by, t ough or under Grantor,
but not otherwise. / {r/• t
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However, this conveyance 9s made pubjject to the liens securing
standby fees, taxes and assessment -_.by an:y taxing authority for the
year 1996 and subsequent yers, end-_ subsequent taxes and
assessments by any taxing authorIt -forpri' r years due to change
in land usage or ownership (collectively.;T"A Valorem Taxes") , as
well as -to all easements of record ire illia son County, Texas, or
visible or apparent on the ground, add 4l,lfre,Aervations, covenants,
conditions, restrictions and outA;anding.;--mi eral or royalty
interests which are in effect Ad. ---aply 'to the Property
(collectively, "Permitted Exceptions") .7GrantTelby acceptance of
delivery of this deed assumes and a red's toj perform all of
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C./ ICTAL RECORDS
y, ttl1lM ON COUNTY,TEXAS
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RECORDERS MEMORANDUM .' _ f '
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clearly legible for satisfactory recordation. rr'J l r
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,_.7 G- antor's obligations under the Permitted Exceptions and to pay Ad
% orem Taxes.
The consideration for this conveyance is as follows:
� �2:"\T
A full valuable
cash consideration to Grantor in hand
pat b Grantee, the receipt of which is hereby acknowledged, and
faY the ayment of which no lien, express or implied, is retained;2)
' The assumption by Grantee (on a non-recourse basis) of
he pmr7,9
__�f \i) the unpaid balance now owing on that certain
'„vim promissory note in the original principal sum
li of $280,000.00, executed by Pearson Group
V,> \''\ apital Management, Inc., a Texas corporation,
/'� ...",.' And E. Craig Nemec d/b/a Pearson SW, payable
r to the order of Virginia First Savings Bank,
\v/ / r
F.S.B., evidenced by a deed of trust with
f —_Security Agreement (the "Deed of Trust") dated
{ f"F March 1, 1993, and recorded in Volume 2265,
\/(I .._ P ge 738, Official Property Records of
- W llia?ason County, Texas, and an Assignment of
_ 4nt4jecorded in Volume 2267, Page 183,
1 � i'�' fl Property Records of Williamson
�5 /Courpty, Texas; and
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(1) the\pe ,formance of all of the obligations of
Granf +ander the said Deed of Trust.
11
The foregoing assn ,tppt o`t by/Gr t e is additionally secured by a
deed of trust to sec?ur6-asstim• ion ("Assumption Deed of Trust") of
even date herewith f omfGr nte, to H. David Hughes, Trustee for
Grantor. �'` te
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Grantee's address:\,1:505 Falcon L dge
A7.tstin, ;3exas 78746
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Executed this a day`of,Decmb r, 1995, to be effective
the 1st day of January, 199.- ;=` j
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MICR EI{E.) CKEY
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DENISE L; ICK Y
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C, /THE STATE OF TEXAS §
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------ ..`.FJN�IY OF +�-t-1-V1S §
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T is instrument was acknowledged before me on the '4' day of
De •- 1995 b MICHAEL E. LACKEY.
I/ H.DAVID HUGHES
;.; ) t tete}�FtitssitzteotTexas
�.;- � /�' td�C,xrni5s17nEp4es :
f 4P,;t Notary Public, State of exas
__ �r.. X1,1997
TH S •TE/tF TEXASa §
COUNTY O jQ -
T /inrumtias„5
acknowledged before me on theo)'1' day of
Decembe�Y, 1x4'95 r b+r fkEN SE L LACKEY.
S}r5 ;�%e"° ,• ,7/,,��o a'• Public, State o Texas
- n: 4 H.Df,1 iD 1'IUi7HEJ
/:i k tz Fecz,Sie?tive of Texas
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H:\DOCS\PUBLIC\nowtsm\wOR1k27765Z.1, DocM 9607612
17537.90202
f� M Pages: 3
/ } Date : 02-14-1996
\ ! _� Time : 03:03:51 P.M.
1f '' Filed & Recorded in
C-;,;)
4 Official Records
-• of WILLIAMSON County, TX.
--- } ELAINE BIZZELL
COUNTY CLERK.
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Rec. $ 13.00
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FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2015062360
CITY OF ROUND ROCK
221 EAST MAIN STREET
/Std nf.�
ROUND ROCK, TX 78664
(4 e ! Nancy E. Rister, County Clerk
Williamson County, Texas
July 21, 2015 01:07 PM
FEE: $57.00 VPAVLOVICH
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into
between Round Rock Executive Building, Ltd., hereinafter referred to as the "Owner," whose
address is 1360 Patterson Road, Austin, Texas 78733, 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 Owner 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 Owner is the record Owner of certain property described in Exhibit B attached
hereto and made a part hereof for all appropriate purposes.
C. The Owner has requested that City allow an encroachment on or over a portion of
such easement, with the encroachment being in the nature of a monument sign which
is shown in Exhibit A.
D. By execution of this Agreement, the City grants its limited consent for the Owner 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 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 Owner, 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 Owner and without any obligation whatsoever on the part
of the City to replace or repair any part or the whole of the encroaching
structure;
337712bk
N...,�.d�s- 8�1
(6) In a non -emergency situation, the Owner agree to be solely responsible
for removal of the encroaching structure to the City's satisfaction, and
such removal shall be completed by the Owner within forty-eight (48)
hours of actual notice to the Owner of the City's directive to remove
same. The parties expressly agree that, in the event the Owner fails 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 Owner;
(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 or maintenance of the utilities contained
within the Easement;
(8) The Owner 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 Owner 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 Owner 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 Owner,
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; and
(9) Relative to any subsequent purchaser of the encroaching structure, the
Owner expressly agrees 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.
(this space intentionally left blank)
0)
By execution below by the Owner and the appropriate authorities of the City of Round
Rock, Texas, the signatories bind the entities to obey all conditions of this Agreement.
Owner — Round Rock Executive Building, Ltd.
By: Texcal Properties, L.C., General Partner
By:f'�^%"""
Michael E. Lackey, as member of Texcal
Properties, L.C.
Date Signed:
7-2-zofr
City of Bund R4ckTByLaurie Hadager
Date Signed: - oPC -/S
ATTEST:
City Secretary, City of Round Roc <
APP VED S T FORM:
1
City ttorney, City of Round Rock
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this 2 day of 2015,
by MICHAEL E. LACKEY, whose name is subscribed to the precedingnt, and
acknowledged to me that he executed it for the purposes and consideration expressed in it.
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L Nota Public in and for the State of Texas
1.
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this jt�day of 2015,
by LAURIE HADLEY, CITY MANAGER of the City of Round Rock,in, in theand for
the purposes and consideration therein indicated.
Nota Public in an or the State of Texas
Mpr11WEADAMS y
9 ?= MY cOMMISSION EXPIRES
;;. ,,,: � Seplenber 18, 2015
91
Page 1 of 2
EXHIBIT A
Location: City of Round Rock, Williamson County, Texas
Subdivision : Stella Subdivision, Section 2, Lot 1, Block A
Parcel: 35 Square Foot Tract
PROPERTY DESCRIPTION
DESCRIPTION OF A 35 SQUARE FOOT TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298 IN
THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CALLED LOT 1, BLOCK "A
STELLA SUBDIVISION. A SUBDIVISION OF RECORD IN CABINET G, SLIDES 23 OF THE PLAT RECORDS OF WILLIAMSON
COUNTY, TEXAS, SAID 35 SQUARE FOOT TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a TxDOT Type 1 concrete Hlghway monument found In the existing westerly Right -of -Way
(ROW) line of South Mays Street In said City of Round Rock, Texas, being an angle point In the easterly boundary line of said Lot 1,
Block "A Stella Subdivision, Section Two;
THENCE, with said existing westerly ROW line, N 11°01'46" W for a distance of 13.13 feel to a calculated point;
THENCE, departing said existing westerly ROW line, through the interior of said Lot 1, Block "A", S 78958'14" W for a distance of
10.38 feet to a calculated point for the southeasterly corner and POINT OF BEGINNING of the herein described tract;
THENCE, continuing through the interior of said Lot 1, Block "A", the following four (4) courses:
1) S 80°6242" W for a distance of 2.60 feet to a calculated point for the southwesterly corner of the herein described tract;
2) N 09°07'18" W for a distance 14.00 feet to a calculated point for the northwesterly corner of the herein described tract;
3) N 80062142" E for a distance of 2.60 feet to a calculated point for the northeasterly corner of the herein described tract;
4) S 09°07118" E for a distance of 14.00 feet to the POINT OF BEGINNING, containing 35 square feet of land, more or less.
This property description is accompanied by a separate parcel plat.
All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83.
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That 1. Lawrence M. Russo, a Registered Professional Land Surveyor, do hereby certify that the above description Is true and
correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the
ground under my direct supervision.
HAND AND SEAL at Round -Rock, Williamson County, Texas.
1 ' �c.
Lawrdnce M. Russo
Registered Professional Land Surveyor o. 508
'Inland Geodellcs, LLC
Firm Registration No: 100591 -OD
1504 Chisholm Trail Road, Suite 103
Round Rock, TX 78681
S:1 Itit EXEC 111.I3GUiG1'Il EASIM5 SQUARIS FOOT TRACT.da
LOT 2
MA(7,JN AC.
S CROSSING
SiBD1YI510N
CA ACT SL 75 7.9� N 88 81
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LOT 3. (1.225Fes)
I MAYS CROSSING SUMSON
CAB. V. SL 75. P.R.W.CT.
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TRACT
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LOT 1, BLOCK `A'SECTION TWO I ��• �" r
STELLA SUBDIVSICN�j
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REGISTERED PRQrS�tavALIL.AND-SURVEYOR NO. 5050 A
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UNLESS NOTED OTHERWISE
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LOT 1
POINT OF BEGINNING
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PROPERTY LINE
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AMENDED
PJLW.C.T. PLAT RECORDS VdWAMSON
CAB C, SL 24
COUNTY. TEXAS
P.R.W.GT. 25 0 25 50
PUBLIC UTILITY EASEMENT
SCALE 1 a 50'
RECORD INFORMATION
P.O.C.
I WHO=
It UONUMDa
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5 0 5 10
SCALE 1- 0 10'
,• I
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i�
.� UTILITIES DEPICTED HEREON ARE DERIVED
FROM MARKINGS FOUND AT THE TIME OF
THE FIELD SURVEY AS PLACED BY UTILITY
LOCATING SERVICES PROVIDED BY TEXAS
811.
EXACT LOCATIONS ARE SUBJECT TO ERROR
MARGINS OF LOCAT'OR'S INSTRUMENTS.
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LEGEND
As SURVEYED 0,r.
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CAP FOUND
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LASHEWEIL
REGISTERED PRQrS�tavALIL.AND-SURVEYOR NO. 5050 A
INLAND GEODETICS. LLC
FIRM
UNLESS NOTED OTHERWISE
REGISTRATION NO. 100591-00
SU
1504 CHSHCLId TRAIL ROAD. SUITE 103
ROUND ROCK. TX 78681
POINT OF COMMENCEMENT
*q
LEGEND
®
1/2' IRON ROD %M PLASIC
CAP FOUND
L7
TxDOT TYPE I MONUMENT FOUND
O
1/2 -IRON ROD FOUND
-
UNLESS NOTED OTHERWISE
o
CALCULATED POINT
P.O.C.
POINT OF COMMENCEMENT
P.O.B.
POINT OF BEGINNING
e
PROPERTY LINE
WLVI.C.T DEED RECORDS W UJAMSON
COUNTY. TEXAS
PJLW.C.T. PLAT RECORDS VdWAMSON
COUNTY. TEXAS
P.U.E.
PUBLIC UTILITY EASEMENT
( )
RECORD INFORMATION
*q
35 SQUARE FOOT TRACT
IA N D-
LSO
GEOD�iCS 1
eEcLOT ; IoNa F
BLOCK
OMAL LAND wRvs�ous
FL tQ3
STELLA SUBDIVISION. SECTION TWO
CABINET C. SLID= 23
n m5ns-Iloanu�allln>t-I
PLAT RECORDS OF WtLLiN.iSON COUNTY. TEXAS PAGE 2 OF
-
COUNTY
whose mail
for the
paid by
limited par
SOLD AND C
CONVEY unto
with all in
EXHIBIT B
AFTER RECORDING, PLEASE RETURN TO:
H. David Hughes
0a Brawn McCarroll & Oaks Hartline
III Concnress Avenue, Suite 1400
Austin, Texas 78701
DOC# 9607612
WARRANTY DEED
KNOW ALL BY THESE PRESENTS:
✓ CKEY and wife, DENISE L. LACKEY ("Grantor")
tc,
is 1505 Falcon Ledge, Austin, Texas 78746,
ereinafter stated paid and secured to be
UTIVE BUILDING, LTD. ("Grantee"), a Texas
'n the manner hereinafter stated has GRANTED,
a by these presents does GRANT, SELL AND
Ie ollowing described real property, together
t t eredki, to wit:
Lot One (1� , �V oc1S/6 `tom STELLA SUBDIVISION SECTION TWO,
an addition C' of Round Rock, Williamson County,
Texas, accordi t t map or plat thereof, recorded in
Cabinet G, S1 de 3, Pl Records of Williamson County,
Texas ("Prope "
TO HAVE AND TO H Le P o rt , together with the rights and
appurtenances theret bel 'ng unto Grantee and Grantee's
successors and assign o ve , and Grantor does hereby bind
Grantor and Grantor's su so and assigns to WARRANT AND FOREVER
DEFEND the Property unt G ntee an Grantee's successors and
assigns, against every pe on whoms ve lawfully claiming or to
claim the same or any part thereo by� t ough or under Grantor,
but not otherwise.
However, this conveyance S `de fi
standby fees, taxes and assessor ntt ai
year 1996 and subsequent y rs,
assessments by any taxing author
in land usage or ownership (collecti el
well as -to all easements of record i
visible or apparent on the ground, a d r
conditions, restrictions and out an
interests which are in effect a
(collectively, "Permitted Exceptions").
delivery of this deed assumes and a
1
.ct to the liens securing
taxing authority for the
subsequent taxes and
)r.ations,
years due to change
Valorem Taxes"), as
on County, Texas, or
vcovenants,
eral or royalty
Ply o the Property
'r t�e by acceptance of
: s
V.
perform all of
RECORDS
COUNTY, TEXAS
ntor's obligations under the Permitted Exceptions and to pay Ad
orem Taxes.
consideration for this conveyance is as follows:
A full valuable cash consideration to Grantor in hand
Grantee, the receipt of which is hereby acknowledged, and
a ayment of which no lien, express or implied, is retained;
The assumption by Grantee (on a non-recourse basis) of
i the unpaid balance now owing on that certain
promissory note in the original principal sum
of $280,000.00, executed by Pearson Group
apital Management, Inc., a Texas corporation,
`V nd E. Craig Nemec d/b/a Pearson SW, payable
to the order of Virginia First Savings Bank,
F.S.B., evidenced by a deed of trust with
Security Agreement (the "Deed of Trust") dated
arch 1, 1993, and recorded in Volume 2265,
P ge 738, Official Property Records of
W lli�pmson County, Texas, and an Assignment of
n 6ecorded in Volume 2267, Page 183,
1 1 Property Records of Williamson
ou y, Texas; and
(ti) the e ormance of all of the obligations of
nder the said Deed of Trust.
The foregoing ass t cj by Gr t e is additionally secured by a
deed of trust to seer o�as m - io ("Assumption Deed of Trust") of
even date herewith f omr me to H. David Hughes, Trustee for
Grantor.
Grantee's address; "05 Falun' L dge
A}�st"/of
Texas 78746
N
Executed this a d ecmL r, 1995, to be effective
the 1st day of January, 199 .
11 � /�'■./ �' ��� � _
j.=--
2
.TE OF TEXAS §
§ I
OF
N
instrument was acknowledged before me on the "X day of
95 b MICHAEL E. LACKEY.
H
D
H. DR\qUGHES
HeH AILHU al Texas
' li/Paex�be9
� ^:;L,t 1g97gl Notary Public, State of Texas
NL
acknowledged before me on thee} day of
1 L LACKEY. \
State
Docq 2
N Pages05:.- 3
3
Date 02-14-1996
Time o51P.M.
Filed a Rececordrded in,
Official Records
4�
WILLIRMSOH County, TX.
EL
ELRIHE BIZZELL
COUNTY CLERK
CLE
Rec. 4 13.00
City of Round Rock
Rom �O°` Agenda Item Summary
Agenda Number:
Title: Consider executing an Encroachment Agreement for a 35 square foot
section of land located within a 35 foot wide PUE and an overlapping 20
foot TP&L easement along the east property line of Lot 1, Block A, Stella
Subdivision Section Two, affecting 1104 S. Mays Street.
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 - Survey and Map, Exhibit B -
Property Deed
Department: Planning and Development Services Department
Text of Legislative File CM -2015-831
Consider executing an Encroachment Agreement for a 35 square foot section of land
located within a 35 foot wide PUE and an overlapping 20 foot TP&L easement along the
east property line of Lot 1, Block A, Stella Subdivision Section Two, affecting 1104 S. Mays
Street.
This is an application to allow a 2 -foot 6 -inch wide by 14 -foot long encroachment into a
35 -foot wide Public Utility Easement (PUE) and an overlapping 20 -foot wide Texas Power
and Light (TP&L) Easement that runs along the east 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 there are utilities located
within these easements, an Encroachment Agreement is better suited for this request.
The purpose of the Encroachment Agreement is to allow the property owner to replace an
old business sign with a new sign in the same location as the original sign. Following
negotiations between the applicant and the City of Round Rock Utilities and Environmental
Services Department, a 35 square foot encroachment into the existing easements is
acceptable with all parties.
The City of Round Rock Utilities and the Environmental Services Department has
consented to the proposed encroachment.
Staff recommends approval of the encroachment agreement.
City of Round Rock Page 1 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- Stella Subdivision
Project Mgr/Resource: Diane Buck Contractor/Venclor: None
Council Action:
ORDINANCE RESOLUTION
Agenda Wording
xx City Manager Approval
uiviA vvorufng
Consider executing an Encroachment Agreement for a 35 square foot section of land located within a 35 foot wide PUE and an overlapping
20 foot TP&L easement along the east property line of Lot 1, Block A, Stella Subdivision Section Two, affecting 1104 S. Mays Street.
Attorney Approval
) Attorney �.//✓ 1112,x, Date
Notes/Comments
C:\Users\ssandreVAppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\UTM40BRQ\Legal Approval Form - CC or CM
Action(Stella Subd) (2).xls Updated 6/3/08