CM-12-05-096Item Caption:
fil �2-(�S �'��RECEIVED
MAY 2 3 2012
City Manager Approval Form
Consider executing an Encroachment Agreement to allow the YMCA to place a structure within the limits
of the City's existing easement.
Approval Date: May 25, 2012
Department Name: Planning and Development Services Department
Project Manager:
Peter Wysoki, AICP, Planning and Development Services Director
Assigned Attorney: Steve Sheets
Item Summary:
The subject site is located on the west side of Mays Street, abutting Onion Branch Creek, near the YMCA Concession Stand.
YMCA is proposing a pavilion within an existing City -maintained Drainage & Storm Water Easement.
Per an engineering analysis, the pavilion causes no adverse impact, however, in the event of any undue adverse impact, this
Encroachment Agreement, among other things, allows the City the flexibility to remove said structure in an emergency situation;
or have YMCA remove said structure in a non -emergency situation.
The Encroachment Agreement is acceptable and City staff supports execution of this agreement.
No. of Originals Submitted: One
Project Name: YMCA Sports Fields (West)
Cost: N/A
Source of Funds: Select Source Fund
Source of Funds (if applicable): Select Source Fund
Account Number:
Finance Director Approval: Cheryl Delaney
Date: 5/22/12
Department Director Approval: Peter Wysocki, Director Date: 5.21.12
**Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. **
CIP n I I Budget
N/A OK
111
N/A OK
Purchasing
❑� ❑
N/A OK
Accounting
❑ ❑
N/A OK
ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL
REV. 6/20/11
11
11111111111
ENCROACHMENT AGREEMENT
II AGR
10 PGS
2012040256
This Encroachment Agreement, hereinafter referred to as the "Agreement," is made and
entered into by and between Young Men's Christian Association of Greater Williamson County,
hereinafter referred to as "YMCA," a Texas non-profit corporation whose business address is
Post Office Box 819, Round Rock, Texas 78680, and the City of Round Rock, Texas, hereinafter
referred to as "City," a municipal home -rule corporation whose address is 221 East Main Street,
Round Rock, Texas 78664. This Agreement becomes effective on the date of execution of this
document by the City Manager of the City of Round Rock.
City and YMCA agree as follows:
A. City is the record holder of a drainage and storm water easement shown per plat of
record under Document No. 2001017479, in Cabinet U, Slides 81-82, Plat Records of
Williamson County, Texas, as shown on Exhibit "A" attached hereto and
incorporated herein for all purposes (the "Easement").
B. YMCA is the record owner of certain property being described as 4.412 acres of
land, more or less, out of the Wiley Harris Survey, Abstract No. 298 in Williamson
County, Texas, as shown by Warranty Deed with Vendor's Lien recorded under
Document No. 199947432, Deed Records of Williamson County, Texas, as shown on
Exhibit "B" attached hereto and incorporated herein for all purposes.
C. YMCA has requested that City allow an encroachment on or over a portion of the
Easement, with the encroachment being in the nature of a five foot (5') fill base with
a foundation pad on which is sited a roofed pavilion structure, the entire
encroachment being an area approximately fifty feet (50') in width by seventy feet
(70') in length, located in the southwest area of the property, as shown on Exhibit
"C" attached hereto and incorporated herein for all purposes.
D. By execution of this Agreement, City grants its limited consent for YMCA 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 "C," and no further encroachment or improvements of
any kind shall be allowed in the Easement belonging to City;
(2) The existence of the encroaching structure shall be subject to any and
all relevant requirements of the Round Rock Code of Ordinances, as
amended, including but not limited to the Building Code;
(3)
00248798/jkg
12-05-octu
Use, maintenance, repair and removal of the encroaching structure shall
be solely at the risk and liability of YMCA, and not in any manner
whatsoever at the risk and liability of City;
The permission of City in allowing such encroachment shall be strictly
limited to this particular request, and shall never be construed as
establishing any precedent whatsoever in this case or in any other;
The parties expressly agree that City has full authority in any situation
it deems an emergency to remove or permit to be removed, in whole or
in part, the encroaching structure, and such removal shall be allowed
without notice to YMCA and without any obligation whatsoever on the
part of City to replace or repair any part or the whole of the
encroaching structure; provided, however, that City may, but is
expressly not required to, provide notice to YMCA at the following
local telephone number:
(6) In a non-etnergency situation, as determined and deemed by City,
YMCA agrees to be solely responsible for removal of the encroaching
structure to City's satisfaction, and such removal shall be completed by
YMCA within forty-eight (48) hours of actual notice to YMCA of
City's directive to remove same. The parties expressly agree that, in
the event YMCA fails to remove the encroaching structure, or any part
thereof, to City's satisfaction following the sending of notice by City,
then and in that event City may remove or cause to be removed the
encroaching structure, solely at the expense of YMCA;
(7)
The parties expressly agree that City shall never be responsible in any
manner whatsoever for any damage caused to the encroaching structure
related in any way to City's operation or maintenance of the Easement
or any utilities or facilities contained within the Easement;
(8) YMCA shall indemnify and hold 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 City. Nothing herein shall be deemed to limit the rights
(including but not limited to the right to seek contribution) of City or
YMCA against any third party who may be liable for an indemnified
claim. The parties agree that in no event shall City be liable to YMCA
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 YMCA, 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;
(9) Relative to any subsequent purchaser of the encroaching structure,
YMCA expressly agrees to adequately inform any such purchaser of
the property of the existence and binding nature of this Agreement, and
to provide a correct copy of same; and
(10) City reserves the right to rescind this Agreement at any time, with or
without cause.
By execution below by YMCA and the respective appropriate authority of the City of
Round Rock, Texas, the signatories hereby bind the entities to strictly obey all conditions of this
Agreement.
CITY OF ROUND ROCK, TEXAS
By:
Printed Name: S+cki €' !\.I Xwo o cl
Title: Gf {-�,� ry� u ►1cS3� (
Date Signed: O ��2s� z_
FOR CITY, ATTEST:
By:
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Sara L. White, City ler
FOR CITY, APP ' OVE 1 AS TO FORM:
By:
Stephan L. She= s, ity Attorney
YOUNG MEN'S CHRISTIAN ASSOCIATION
OF GREATER WILLIAMSON COUNTY,
a Texas non-profit corporation
By:
Printed iii •Ff'J d Nta
Title: A, /exe) M, GI 0)e._,Date Signed: yf , / / --
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this / / day of /'Y)h v , 2012,
by LJ €Fr �NOrfs ,v of
Young Men's Christian Association of Greater Williamson County, a Texas non-profit
corporation, whose name is subscribed to the preceding instrument, and acting in his lawful
capacity as representative of said entity did acknowledge to me that he executed same for the
purposes and consideration therein expressed and in his official capacity.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
Notary Public in and for the State of Texas
ACKNOWLEDGMENT
This instrument was acknowledged before me on this ) 1 day of 1'n Amy , 2012,
by Steve Norwood, City Manager of the City of Round Rock, Texas, whose namfe is subscribed
to the preceding instrument, and acting in his lawful capacity as representative of said entity did
acknowledge to me that he executed same for the purposes and consideration therein expressed
and in his official capacity.
Not ry Public in and for the State of Texas
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199947432 3 RAS
WARRANTY DEED WITH VENDOR'S LIEN
Date: July 12, 1999
Grantor: BSH HOLDINGS, LP, a Texas limited partnership acting by BSH MANAGEMENT,
LC, a Texas limited liability company, Its sole general partner
Grantor's Mailing Address (including county): 8805 N I H 23, Austin, Travis County, Texas
78753
Grantee: YOUNG MEN'S CHRISTIAN ASSOCIATION OF GREATER WILLIAMSON
COUNTY, a Texas non-profit corporation
Gru uee's ij7ajgn g Address (includ out
jd./,i4,0LB
Consideration: TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration
and a note dated July 12,1999 that is in the pruicipal amount of TWO HUNDRED FORTY-SEVEN
THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($247,500.00), and is executed by
Grantee, payable to the order of Grantor It is secured by a vendor's lien retained in this deed and
by a deed of trust dated July 12, 1999, from Grantee to LOUIS M. HENNA, JR., Trustee
Property (including any improvements):
4 412 ACRES OF LAND, MORE OR LESS, OUT OF THE WILEY HARRIS
SURVEY, ABSTRACT NO. 298 IN WILLIAMSON COUNTY, TEXAS, AND
BEING MORE FULLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT
"Am ATTACHBD HERETO AND MADE A PART HEREOF.
Reservations from and Exceptions to Conveyance and Warranty:
1 Any easements and rights-of-way shown of record; all presently recorded
restrictions, reservations, covenants, limitations, conditions, and oil and gas leases,
mineral severances, and other instruments, other than liens and conveyances, that
affect the property; any discrepancies, conflicts, or shortages in area or boundary
lines, any encroachments, or overlapping improvements, all rights, obligations and
other matters emanating from and existing by reason of the creation, establishment,
maintenance and operation of any applicable governmental district, agency,
authority, etc.
2 Taxes for 1999 and all subsequent years, the payment of which Grantee
assumes.
Grantor, for the consideration and subject to the reservations from and exceptions to
conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and
WARRANTY DEED W1TH VENDOR'S LIEN •- PAGE 1
1 9'8 T • 51 9-4255 GEORGf44 1 - ANT
11
BEI G 4.412 acres (192,193 square Leet) of land situated in the Wiley
Harris survey, Abstract No. 298 In itilliameon County, tamest said lend
being that same land se described as Parkvdy Terrace in Cabinet A, Slide
286, of the Plat Records of Wiiliameon County, Texas and vacated by
instrument recorded in Volune 978, page 830, of the Official Records.
Williamson County, Taxes. Surveyed on the ground in the month of August,
1984, under the supervision of Don R. Bissell, Registered Public Surveyor,
and being more particularly described as follower
BEGUHHING at a concrete monument found on the Northwest line of United
States Highway No. 81, marking the most easterly corner of the above. -
mentioned Parkway Terrace tract, for the most easterly corner hereofi
TWIN, Elting the said Northwest line of United States Highway No. 81 as
follows;
N 17' 15' W, 250.80 feet to an iron pin found and
N 21' 50' N, 217.70 feet to ao iron pin found at the intersection of
the said Northwest line of United Suttee Sighvay ho. 81 sad the
Southeast line of s road, for the most northerly corner of the said
Parkway Terrace trait, for the most northerly corner hereof;
THENCE, S 43. 18' N, 659.00 feat along the said road to an iron pin found
for the most westerly corner of tha said Parkway Terrace treat, for the
most westerly corner hereof;
THENCE, along
follow.;
8 70' 27'
8 88. 54'
southerly
southerly
the Southwest line of the said Parkway Terrace tract, as
S, 371.50 feet to a pipe found and
30" E, 102.52 feet to an iron pin found marking the most
corner of the said Parkway Terrace tract for the most
corner hereof=
THENCE, N 43' 17' E, 225.66 feat to the piste of BECINIIINC and containing
4.412 acres (192,193 square feet) of lend.
Fu"J1� DIT ""A""
♦.
4,
singular the nghts and appurtenances thereto in any wase belonging, to have and hold tt to Grantee,
Grantee's heirs, executors, administrators, successors, or assigns forever Grantor binds Grantor and
Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and
singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and
assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof,
except as to the reservations from and exceptions to conveyance and warranty.
The vendor's lien against and superior title to the property are retained until each note
described is fully paid according to its terms, at which time this deed shalt become absolute
When the context requires, singular nouns and pronouns include tho plural
BSH HOLDINGS, LP
BY: BSH MANAGEMENT, LC, General Partner
IkA
LOUIS M. HENNA, JR , Manage:
BY
(Acknowledgment)
THE STATE OF TEXAS
COUNTY OF l/.4egst,,
This instrument was acknowledged before rue on the 1f day of July,1999, by LOUIS M.
HENNA, JR., Manager of BSHMANAGBMENT, LC, a Texas llmited liability company, on behalf
of said limited liability company, and the limited liabdity company acknowledged this instrument
as general partner of BSH HOLDINGS, LP, a Texas limited partnership
N( •r
NOTARY PUBLIC - STATE OF
WARRANTY DEED WITH VENDOR'S WEN -- PAOB 2
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
h parr C 1R -kgs -0,.
07-14-1999 03:45 PH 199947432
13.
NANCY E. DRS $
COOUNNTTY CLERK
WILLIA ON COUNTY, TEXAS
OIC B09 AN ROAD .
\ LOCAMON
AFROL 9 FLL ASC /
4b MASM
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:DRQ I�Dw EASEHN *� �E�,,...F.T,�I',F�*
PER PLAT
DOG NO. AlXUM — — — SIT
TERRY R. MGM
.a= 52960
1100'1 EXHIBITC 6
° 100' 200' ROUND ROCK YMCA
JOB NO: 11-031
SPORTS FIELDS IMPROVEMENTS -WEST BY: R.W.
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 20120456
L� E.
05/29/2012 03:59 PM
CPHELPS $60.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
CITY OF ROUND ROCK
221 EAST MAIN STREET
ROUND ROCK, TX 78664