CM-13-08-126ROUND ROCK. TEXAS
PURPOSE RISLOk PRO.NFRIrY.
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing an Encroachment Agreement allowing Classic Special
Real Estate, Ltd. to encroach on or over a portion of a water easement.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 8/9/2013
Dept Director:
Brad Wiseman
Cost: $0.00
Indexes:
Attachments: Copy of executed Encroachment Agreement
Text of Legislative File CM -13-08-126
This item allows a wall to encroach into an existing waterline easement. The minimal encroachment ensures
protection of our infrastructure without overburdening the property owner to relocate the line.
Staff recommends approval of this item.
City of Round Rock Page 1 Printed on 8/8/2013
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager items
Department Name: Development Services Office
Project Mgr/Resource: Laton Carr
El Council Action:
ORDINANCE
Agenda Wording
Project Name: Encroachment Agreement
ContractorNendor: Classic Special Real Estate, Ltd.
Q RESOLUTION
City Manager Approval
CMA Wording
Consider executing an Encroachment Agreement allowing Classic Special Real Estate, Ltd. to encroach on or over a portion of a
water easement.
Attorney Approval
"
Attorney
Notes/Comments
Date F— I — 13
O:\wdox\SCCInts\0114\1310\MISC100279531.XLS Updated 6/3/08
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter referred to as the "Agreement," is made and
entered into by and between Classic Special Real Estate, Ltd., hereinafter referred to as
"CLASSIC," whose business address is 3939 Bee Caves Rd., Suite C-100, Austin, Texas 78746,
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 CLASSIC agree as follows:
A. City is the record holder of a water easement shown per plat of record under
Document No. 2000063060, in Cabinet T, Slide 82, Plat Records of Williamson
County, Texas, as shown on Exhibit "A" attached hereto and incorporated herein for
all purposes (the "Easement").
B. CLASSIC is the record owner of certain property being described as 5.871 acres of
land, more or less, out of the David Curry Survey, Abstract No. 130 in Williamson
County, Texas, as shown by Plat recorded under Document No. 2000063060, Plat
Records of Williamson County, Texas, as shown on Exhibit "A" attached hereto and
incorporated herein for all purposes.
C. CLASSIC has requested that City allow encroachments on or over a portion of the
Easement, with the encroachments being fencing at the locations shown on Exhibit
"B" attached hereto and incorporated herein for all purposes.
D. By execution of this Agreement, City grants its limited consent for CLASSIC to
encroach on or over a portion of the Easement strictly subject to the following
conditions:
(1) The encroaching structures 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 structures 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)
Use, maintenance, repair and removal of the encroaching structures
shall be solely at the risk and liability of CLASSIC, and not in any
manner whatsoever at the risk and liability of City;
(4) 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;
00248798/jkg
(5)
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 structures, and such removal shall be allowed
without notice to CLASSIC 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 CLASSIC;
(6) In a non -emergency situation, as determined and deemed by City,
CLASSIC agrees to be solely responsible for removal of the
encroaching structures to City's satisfaction, and such removal shall be
completed by CLASSIC within forty-eight (48) hours of actual notice
to CLASSIC of City's directive to remove same. The parties expressly
agree that, in the event CLASSIC 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 structures, solely at the expense of
CLASSIC;
(7)
The parties expressly agree that City shall never be responsible in any
manner whatsoever for any damage caused to the encroaching
structures related in any way to City's operation or maintenance of the
Easement or any utilities or facilities contained within the Easement;
(8) CLASSIC 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
CLASSIC against any third party who may be liable for an indemnified
claim. The parties agree that in no event shall City be liable to
CLASSIC 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 CLASSIC, 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 structures,
CLASSIC 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 CLASSIC 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:
Stew e orwood
Title: � 0 % y)(
Date Signed:
FOR CITY, ATTEST:
By:
Sara L. White, City Clerk
. Sheets, City Attorney
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CITY OF ROUND
ROCK VOL. 712,
PG. 128
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30' WATER LINE
ESMT. 2000063060
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HYUNDAI SALES AND SERVICE II
ENCROACHMENT AGREEMENT
EXHIBIT eB"
2405 N. IH -35, ROUND ROCK, TEXAS
HANRAHAN • PRITCHARD ENGINEERING, INC.
CONSULTING ENGINEERS
(.1X PE FIRM TEXAS 754 HPE
8333 Cross Park Drive
OFFICE 512458.4734 FAX 512458.4752
i)Io•hp-engcom
Fier Projects/ H:1ProjectstHyundatdwylEnaroadvnent Exhibit B
Job Na 221-04 Snapshot EX B
Scale (Ha.}. 7.30'
Scab Nartk N/A
Deter 07/29/13 I Checked By. SRJ I Dawn By. SB
SHEET
01 of 01
CITY OF ROUND
ROCK VOL 712, " SCA
PG. 128 F,pT
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END ENCROACHMENT OF
SMOOTHCRETE SCREENING
FENCE WITHIN WATER ESMT.
LSMOIN ENCROACHMENT OF
OTHCRETE SCREENING
CE WITHIN WATER ESMT.
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30' WATER UNE
ESMT. 2000063060
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HYUNDAI SALES AND SERVICE II
ENCROACHMENT AGREEMENT
EXHIBIT "Cr"
2405 N. IH -35, ROUND ROCK, TEXAS
HANRAHAN • PRITCHARD ENGINEERING, INC.
CONSULT7NQ ENGINEERS
TEXAS(TX PE MIN REG.
78754 HPE
4HPE
8333 Goes Park Drive
OFFICE 5124594734 FAX 512459.4752
itdo=Ip-enpcom
Filer Projects/ H:1P ojectatKyuidandwplEncroact hent Exhibit B
Job No. 221-04
Snapshot EX C
Scale (Hor.): r=30' Scale (Vert}. N/A
Date 07/29/13 I Checked By: SRJ I Drawn By. SB
SHEET
01 of 01