CM-2017-1373 - 5/16/2017 2017044725 AGR Total Pages: 5
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ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into
between JOE & JOYCELYN SHAW, hereinafter referred to as the "Owner," whose address is
1521 Rainbow Parke Drive, Round Rock, Texas 78665, and the City of Round Rock, Texas,
hereinafter the "City," a municipal home-rule corporation whose address is 221 E. Main Street,
Round Rock, Texas 78665, and becomes effective on the date indicated below. The City and the
Owner agree as follows:
A. Owner owns the property located at 1521 Rainbow Parke Drive, Round Rock, Texas
78665 (the"Property").
B. City is the record holder of the 10-foot wide Public Utility Easement (hereinafter the
"PUE ROW") that runs along the west property line of the Property adjacent to
Alexandria Way, as shown on Exhibit"A", attached hereto and incorporated herein.
C. The Owner has requested that the City allow an encroachment on or over a portion of
the PUE ROW, with the Encroaching Structure being in the nature of an 8' x 12'
outdoor storage building, as called out in Exhibit "A" (hereinafter the "Encroaching
Structure").
D. By execution of this Agreement, the City grants its limited consent for the Owner to
encroach on or over a portion of the PUE ROW 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 PUE ROW shall be allowed;
(2) The Encroaching Structure shall leave a 2-foot open space between the
building and the fence;.
(3) 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;
_ (4) 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;
(5) Removal of the Encroaching Structure, or a portion thereof, shall cause
the immediate termination of this Agreement. Notwithstanding the
foregoing, temporary relocation of the Encroaching Structure to allow
for utility work within the PUE ROW will not result in termination of
this Agreement provided the Encroaching Structure is returned upon
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377487bk zo/-7--/3-7 3
completion of the utility work that necessitated its temporary
relocation;
(6) The permission of the City in allowing the Encroaching Structure shall
be strictly limited to this particular request, and shall not be construed
as establishing any precedent whatsoever;
(7) The parties expressly agree that the City and other public utilities have
full authority in an emergency to remove 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 or other
public utility to replace or repair any part or the whole of the
Encroaching Structure;
(8) In a non-emergency situation,the Owner agrees 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 ten (10) days 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;
(9) The parties expressly agree that the City shall not be responsible for
damage caused to the Encroaching Structure by the City's use or
maintenance of the PUE ROW;
(10) 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.
2
The parties agree that the provisions of this section shall survive the
termination of this agreement; and
(11) Relative to any subsequent purchaser of the Property and/or the
Encroaching Structure, the Owner expressly agrees to adequately
inform any such purchaser of the existence of this Agreement and
provide a copy of same.
(12) The City reserves the option to rescind this Agreement at any time,with
or without cause, by giving Owner ten (10) days written notice of its
exercise of said option.
By execution below by the Owner and the respective appropriate authorities of the City
of Round Rock,Texas, the signatories bind the entities to obey all conditions of this Agreement.
Owner
gar. / AP -
oe Shaw
Date Signed: c-
7-- (�
By: c "h�tw—'
Jo celn Sh w
Date Signed: .5- _ /9
City of Ro d Rock,__Texas
By: ala, Zia'
Laurie Hadley, City Manager
Date Signed: ( (0-1 -
(acknowledgements on following page)
3
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this 'day of /14 ,`f , 2017,
by Joe Shaw, whose name is subscribed to the preceding instrument, and acltnowledged to me
that he executed it for the purposes and consideration expressed inlat-ceiL it.
.01;Z f, DIANE BUCK NotaryPublic in and for the State of Texas
My Commission Expires
di April 25,2018
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this oLrJA day of Ail Ay , 2017,
by Joycelyn Shaw, whose name is subscribed to the preceding instrument, and acknowledged to
me that he executed it for the purposes and consideration expressed in it.
YP Notary Public in and for the State of Texas
_°��►►�o DIANE BUCK
My Commission Expires
` iF y Aprii 25,2018
• ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this Jay o , 2017,
by Laurie Hadley, Round Rock City Manager, in the capacity and for the purposes and
consideration therein indicated.
BLANCA GILLIS
'o�'IA _Notary. Public,State of Texas Notary Public in and r the State of Texas
x;
iy �� Comm.Expires 03-15-2020
%;E� �s°;•�` Notary ID 130582387
4
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Encroachment Agreement
Rainbow Parke, Lot 46, Block B
1521 Rainbow Parke Drive, Round Rock, TX 78664
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Encroachment of 1 < LOT 4B,
• an 8-ft by 12-ft ifI/ 40c IC 0 .
storage building •1. •' ' ' 1
into a 10-ft PUE 0 car:Rekk. ,i�
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RAINBOW PARKE DRIVE
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2017044725
EXHIBIT A
CITY OF ROUND ROCK AGR Fee: $37.00
221 EAST MAIN STREET 05/18/2017 11:42 AM Tkirk
ROUND ROCK, TX 78664 1 A.
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4,so�•• Nancy E.4.ister County Clerk
Williamson County, Texas
- City of Round Rock
ROUND ROCK
Agenda Item Summary
Agenda Number:
Title: Consider executing an Encroachment Agreement for an encroachment
into a PUE located along the west property line of Lot 46, Block C,
Rainbow Parke, affecting 1521 Rainbow Parke Drive.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 5/12/2017
Dept Director: Brad Wiseman, AICP, CNU-A, Director of Planning and Development Services
Cost:
Indexes:
Attachments: Encroachment Agreement, Exhibit A
Department: Planning and Development Services Department
Text of Legislative File CM-2017-1373
This is an application to allow an 8-foot wide by 8-foot deep encroachment into a 10-foot
deep Public Utility Easement(PUE)that runs along the west property line adjacent to
Alexandria Way, for the placement of an 8-foot wide by 12-foot deep outdoor storage
building. The building will be placed 8-feet into the easement which will leave a 2-foot open
space between the building and the fence.
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 AT&T
would like to retain the easement for future use, they have approved an encroachment with
the understanding the owner could be required to move the structure, at the owner's
expense, to clear said easement should access become necessary. Given AT&T's position,
an Encroachment Agreement is better suited for this request.
The City of Round Rock Utilities and Environmental Services Department has consented to
the proposed encroachment.
City of Round Rock Page 1 Printed on 511012017