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CM-2016-1028 - 2/26/2016ENCROACHMENT AGREEMENT This Encroachment Agreement, hereinafter "Agreement," is made and entered into between the CITY OF ROUND ROCK, TEXAS, a Texas Municipal Corporation, hereinafter referred to as "City," and CSW ROUND ROCK, LLC, a Texas limited liability company, hereinafter referred to as "CSW," and becomes effective on the date this document is signed by the parties. Round Rock and CSW agree as follows: A. City is the record holder of an easement, hereinafter the "Easement," described as a 7.5 foot wide platted utility easement located in I.ot One, University Medical Plaza, Section One, a subdivision of Williamson County, Texas, according to the plat recorded in Document 2011067442 and Cabinet F, Sleeve 328, Official Public Records, Williamson County. B. CSW has requested that City, its successors and assigns, allow a retaining wall (the "Wall") encroaching over a portion of such easement, with the encroachment being as shown in Exhibit A (the "Encroaclunent Area") attached hereto and made a part hereof for all appropriate purposes. C. By execution of this Agreement, City grants its limited consent for CSW to encroach over a portion of the Encroaclunent Area strictly subject to the following conditions: (1) The Encroachment Area may be located only as depicted on the attached Exhibit A, and that no further encroachments or improvements such as trees, structures of any kind, or underground utilities will be allowed; (2) Use, maintenance and repair of the Encroachment Area shall be solely at the risk and liability of CSW, and not at the risk and liability of City, their successors and assigns in any manner whatsoever; (3) The permission of City in allowing such encroachment shall be strictly limited to this particular request, and shall not ever be construed as establishing any precedent whatsoever; (4) The parties expressly agree that City shall never be responsible in any manner whatsoever for damage caused to the Encroaclunent Area related to City's operation or maintenance of the utilities contained within the Easement; (5) To the extent allowed by law, CSW shall indemnify and hold City, its successors and assigns 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 3499171d ED 1512-0010 alta --2-C ((r, -102 k 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, its successors and assigns. This indemnification shall apply to CSW, 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. (6) Relative to any subsequent purchaser of the encroaching structure, CSW expressly agrees to adequately inform any such purchaser of the property as to the existence of this Agreement and provide a copy of same. (7) City reserves the right to rescind this Agreement at any time, with or without cause. ATTEST: t�A— / I &�� -ULIC City Clerk, of o Rock 4APPRD AS T FO ey, City of Round Rock CSWRO O K, L C By: od Agrol—'.� allace, Managing Member Date Signed: 1 (D THE CITY OF ROUND ROCK r By: _Xai Laurie Hadley, Cilly d/ anager Date Signed: �l 2 ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF TRAVIS This instrument was acknowledged before me on this CZJJI day of , 2016, by Todd Wallace, Managing Member or CSW Round Rock, LLC, in the capacity hnd for the purposes and consideration therein indicated. SHANNON l TAYLOR mycwad"Ion fxpkn Iwo 20, 2018 THE STATE OF TEXAS COUNTY OF WILLIAMSON Notary Public in and for the StatJ of Texas ACKNOWLEDGMENT This instrument was acknowledged before me on this W- day of 2016, by Laurie Hadley, City Manager of the City of Round Rock, in the capacity and for the furposes and consideration therein indicated. 4 1%%%II I I I IJ GAN M. S',o,��4 Notary Public in d for the tat f Texas •'O1 B . •�. i 2 0' 9rF OF At . c . 09 F:�'pIREB.•� �� ///1111111h11%��` After recording, return to: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 3 FIELD NOTES JOB #13196 DATE; AUGUST 10, 201.5 PAGE.! 'OF 2 Being 0;05. of an acre (2248.69 sq. ft.).for an easement ouf of i. iE Epluiam Evans Survey, Abstract No. 212 iu Williamson County,'Teitas also being.out.ofthe 2.16 acre'Lot 1 of Universi.tyMedical Plaza Section 1, a.sub'd visidn.tecorded under'DocuinetitN6, 20fi06'1442-6f the Official Public Records of Williamson County, Texas, and more patticularTy tlesctibed by metes.and bounds as fo]lows; BEGINNINGt ata % inch iron rod found:in the north.line of`Lot2, Block A, of Oakmont Centre Section 7, a subdivision recdrded iii d6 iet 1, Slide.296.6f.the_plat records df Williainson County, Texas, in the south luiebf a, 7.5. foot raid' Public Utility Easettrent (PUB) as dedicated by plat of Oakmont Centre Section Four; a subdivision recorded in Cabinet F, Slide 328 of said plat records and shown on said -plat of Uaiversify Medical Plaza Secfion 1, for the southeast comer of Lot IB, Block A, of the Replat Of Oalaiiont Centre Sectidn 7 a subdivision recorded in Cabinet C.0„Slide 153 of said plat records and. the'southWes . corner 6.f -'said Lot •1 of University Medical Plaza Section I *md this tract; THENCE: N.20°59'16” W 7.50 feet crossuig.said PUB to a calculated'poinf:in the north line of said PUB; the east line of said Lot 1B, Replat:of Oakmont:Centre Section 7.,.the west line -of said Lot 1, University Medical Plaza Sec fidh 1 for tNftiottfiWest. conies of flus tract; THENirE: N 69°04'20"'E 303:17 #eef,.-crossng said Lot'1, University Medical'Plaza.Section 1 with the north line of•said PUB to.a calculated poi'nt.in the north line of -said PUB, the'eust Pule of said Lot 1, University Medical Plaza Section 1. and the west line of.Lot4.of said University'Medical Plaza Section I for the 40medA comet. of tM81fa6t, THENCE: S 1901.4'50" W'9.81 feet crossing said PUE-to a %ninth iron rod with a yellow cap stamped CS. LTD set in -the south line of -said PUB the north line of said. Lot 2, Block A,'Oakmont Centre Section7 for the southwest corner. of said Lot 4, University Medical Plaza Section 1 and the southeast corner of said L'dt 1, University Medical Plaza Sectioril and this tract; THENCE: S 6.90042.0" W 296.83 feet with the north line of. said Lot 2, Block A, Oakmont Centre Section 7; the south line ofsaid :PUE said Lot I UniversityMedical Plaza Section I and tlus tract to the poirit of BEGINNING and containitrg''0.05 df,9n-acre.(2248.69 sq. ft.) more or less. Bearings cited hereon are based on Texas: State Plane.CQprdinat.e System, Nhtral Lone (NAD 83/93) Field Notes based on an on the•giound survey performed in February of 2013. Kenneth Louis -Crider, RPLS #5624 Texas Land Surveying 3613. Williams Drive., Shite 903, Georgetown, Texas 78628 EXHIBIT b e XW � m �z v' n D A00 'D O Smcn uo 'moi \ �ZD uR \ =pA °•; \ ul0m PL' \ G m-iN �oS 0 N mrm 60. �oO"O O mo N '0 n ? ��/ //�. \ ZC.. O LA zfn-i n Qm �rm r Z li �j UAli LA mm R` 'a7 -ZI CIN ° ^" :u \ /�/� \ Q z>m o,DZ �N-I t`^cn \`-t Ulm -400 IJp,i j m p m to A OC3 �0 0 $ xe^^ \ :zm 8 \ 5; �C ZLn a L'c; X52 CZN C 4.; pr� 0 o tgg ob,cu 3¢ oZA o i i 9 Nnn nfNY T 00-1 *IC 1:zgoe Z c: i.Z;�` E �- O £toi3 ao N Z- nD P.o u S f r �O o ZAO Gn < aqz 0 j €$O SS.•o<on etc fw a 0m Q 9.E7' o -1�6' a f11 "c = \._i: : ;gig zQa°' a �v / tr O agill MAN E a PY' -�=�0� • ��`'9R a N EocroaCJ4 r'Yleyi+ Easement R. cwl umm_ S1100- New ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY Director's Signatures I have no objection the requested easement release, or portion thereof, as described in the referenced application, and in Exhibit A attached to this document. Application #: ED1512-0010 Address: 311 University Blvd Subdivision: Universitv Medical Plaza Lot/ Block: Lot 1D / Block A Micha Thane, P.E. Date Utility & Environmental Services Director City of Round Rock Brad Wiseman, AICP Date Planning & Development Services Director City of Round Rock For Staff Use Only Please return to the DSO attention Roxanne Valadez City of Round Rock JTROU7ROCK XAS Agenda Item Summary Agenda Number: Title: Consider executing an Encroachment Agreement for a retaining wall located in a 7.5 foot wide PUE in Lot 1, University Medical Plaza, section 1. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 2/26/2016 Dept Director: Brad Wiseman, Director of Planning and Development Services Cost: Indexes: Attachments: Chandler Creek Retail - Signed Encroachment, Chandler Creek Retail - Exhibit, ATandT agreement, Atmos agreement, Oncor agreement, Signed Landowners letter, Time Warner agreement, Director's sign off for encroachment Department: Text of Legislative File CM -2016-1028 Consider executing an Encroachment Agreement for a retaining wall located in a 7.5 foot wide PUE in Lot 1, University Medical Plaza, section 1. Consider executing an Encroachment Agreement for a retaining wall located in a 7.5 foot wide PUE in Lot 1, University Medical Plaza, section 1. Recommended action is to execute Encroachment Agreement for a retaining wall located in a 7.5 foot wide PUE in Lot 1, University Medical Plaza, section 1. City of Round Rock Page 1 Printed on 212512016