CM-2017-1403 - 6/9/20172017054193 AGR Total Pages: 10
1111 K M Ah W.93'r1we'91
LICENSE AGREEMENT
Vk
This Agreement is made this day of MQ
% 2017, by and between the
CITY OF ROUND ROCK, a Texas home rule municipality, whose address is 221 East Main
Street, Round Rock, Texas 78664 (hereinafter "Licensor"), and KEATON & COMPANY, LTD.,
a Texas limited partnership, whose address is 3621 Pottsboro Road #196, Denison, Texas 75020,
and HANA ROCK VENTURES, LLC, a Texas limited liability company, whose address is
16536 Avaranche Way, Round Rock, Texas 78681 (hereinafter collectively, "Licensee," whether
one or more).
Whereas, Licensor is the owner of the real property (hereinafter, the "Property"), which is
the public right-of-way within the 20' alley between South Mays Street and South Blair Street
(hereinafter the "Alley"), as depicted in Exhibit "A", attached hereto and incorporated herein;
and
Whereas, Licensee desires to exercise certain rights and privileges upon public rights-of-
way located within the Property; and
Whereas, Licensor desires to grant Licensee certain rights and privileges upon public
rights-of-way within the Property; and
NOW, THEREFORE, it is agreed as follows:
I. License
1.1 Licensor shall allow the structure owned by Licensee and located at 106 South Mays
Street, Round Rock, Texas, being a two-story concrete, stucco, and wood building
(hereinafter the "Structure"), to be partially located within the Alley, in accordance with
Exhibit "A", subject to all conditions recited herein.
1.2 It is understood that this Agreement creates a license only and that licensee does not and
shall not claim at any time any interest or estate of any kind in the public rights-of-way
located within the Property by virtue of this license.
1.3 It is further understood that the Structure may be Iocated only as depicted on the attached
Exhibit "A", and that no further improvements of any kind in the public right-of-way
shall be allowed.
1.4 It is further understood that Licensee must comply with all other requirements of the
Code of Ordinances of the City of Round Rock, Texas.
1.5 It is further understood that Licensor has no duty to maintain, operate, replace, or repair
any improvement in or upon the Property, including the payment of any fees of any kind
associated with any improvements.
eA4 -Zoite- AVO �>
376712 BK/Id
LIC1704-0001
II. Consideration
2.1 In consideration for this license, Licensee shall pay Licensor $10.00 and other good and
valuable consideration.
III. Nonassignability
3.1 The license granted in this Agreement is personal to Licensee. This Agreement is not
assignable. Any assignment in violation of this Agreement will automatically terminate
the license. Notwithstanding the foregoing, with the consent of the Licensor, Licensee
shall be permitted to assign Licensee's license under this Agreement to any entity
acquiring all or a portion of Licensee's property adjacent to the Property or a property
owners association created to maintain Licensee's improvements provided such assignee
assumes Licensee's obligations and rights granted under this Agreement, and Licensee
shall be released from any and all obligations hereunder accruing after such assignment.
IV. Terminable at Will
4.1 This Agreement is terminable by either party at will by the giving of actual notice to the
other party. Upon termination, any improvements to the Property, at Licensor's option
exercised in writing, will become the property of Licensor and it is agreed that Licensor
will not reimburse Licensee for any costs expended for said improvements.
V. Indemnity
5.1 Licensee shall comply with the requirements of all applicable laws, rules and regulations,
and shall indemnify and hold harmless Licensor, its officers, agents and employees from
and against any and all claims, Iosses, damages, causes of action, expenses of litigation,
court costs, and attorney's fees, for injury to or death of any person, or for damage to any
property, arising out of or in connection with Licensee's exercise of the license under this
Agreement.
VI. Release
b.I Licensee assumes full responsibility for its exercise of the license, and hereby releases,
relinquishes and discharges Licensor, its officers, agents and employees, from all claims,
demands, and causes of action of every kind and character, including the cost of defense
thereof, for any injury to, including death, of person (whether they be third persons,
contractor, or employees of either of the parties hereto) and any loss of or damage to
property (whether the same be that either of the parties hereto or of third parties) caused
by or alleged to be caused, arising out of, or in connection with Licensee's exercise of the
2.
license under this Agreement whether or not said claims, demands and causes of action in
whole or in part are covered by insurance.
VII. Venue
7.1 This Agreement shall be construed under and accord with the laws of the State of Texas,
and all obligations of the parties created hereunder are performable in Williamson
County, Texas. Venue for any dispute under this Agreement shall lie exclusively in the
courts of Williamson County, Texas.
VIII. Notice
8.1 Notice shall be mailed to the addresses designated herein or as may be designated in
writing by the parties from time to time and shall be deemed received when sent postage
prepaid U.S. mail to the following addresses:
CITY: City of Round Rock
ATTN: City Manager
221 East Main Street
Round Rock, Texas 78664
LICENSEE: Keaton & Company, LTD
3621 Pottsboro Road #196
Denison, Texas 75020
Hana Rock Ventures, LLC
16536 Avaranche Way
Round Rock, Texas 78681
IN WITNESS WHEREOF, this AGREEMENT is executed on this
W IN , 2017.
(Signatures on the following page)
3.
/3lk
day of
LICENSEE
KEATON & COMPANY, LTD,
a Texas limited partnership
By: Keaton Management, LLC, its general
partner )
ressie C. Dillinger, as President
Date:L"�3 ZD `-1
HANA ROCK VENTURES, LLC,
a Texas Iimited liability company
By:
Elizabeth arder, as Member
BY: AA, '
flz4o'—
Steve Harder, as Member „
BY: C %� +1°1k`iwiy
Sunny Nair, as Membe
By:
SO paNairJa4Nlember
LICENSOR
CITY OF ROUND ROCK, TEXAS
By.—
LT 1,41
+, City Manager
Date:
(aclniowledgments on following pages)
ACKNOWLEDGMENT
STATE OF
COUNTY OF �`� 1 '�`�'
This instrument was acknowledged before me on this day of , 20I7,
by Tressie C. Dillinger, as President of Keaton Management, LLC, general partner of -Keaton &
Company, LTD, whose name is subscribed to the preceding instrument, and acknowledged to me
that he executed it for the purposes and consideration expressed in it.
8A - .RD 1 ` Signature
My N {� P i"34,4-,54
_xp -s Jukf 2: 2019 _
Printed Name
Notary Public, State of
ACKNOWLEDGMENT
STATE OF.. eS
COUNTY OF boiwr
This instrument was acknowledged before me on this ✓_ day of 12017,
by Elizabeth Harder, as Member of Hana Rock Ventures, LLC, whose name is subs abed to the
preceding instrument, and acknowledged to me that he executed it for the purposes and
consideration expressed in it.
5.
Printed Name
Notary Public, State of
ACKNOWLEDGMENT
STATE OF Tc; of
COUNTY OF T w t
This instrument was acknowledged before me on this `'' } day of 0 '2017,
by Steve Harder, as Member of I -lana Rock Ventures, LLC, whose name id subscribed to the
preceding instrument, and acknowledged to me that he executed it for the purposes and
consideration expressed in it.
'"� JACQUELYN THOMAS�rcrr
Notary 10 * 129065027 SS alure
My Commission Expires
kap July 24. 2020
Printed ame
Notary Public, State of J RXas
c ACKNOWLEDGMENT
STATE OF J
COUNTY OF i ra4l)1M) ` ^
�1
This instrument was acknowledged before me on this day of r , 2017,
by Sunny Nair, as Member of Hana Rock Ventures, LLC, whose name is subscri ed to the
preceding instrument, and acknowledged to me that he executed it for the purposes and
consideration expressed in it.
rY�r.NDLr. 7)A,t Z.03=_d I
6.
Signature
Printed Name
Notary Public, State of
ACKNOWLEDGMENT
STATE OF -- --S
COUNTY OF WJ Lti�a-111
This instrument was acknowledged before me on this day of, 2017,
by Shilpa Nair, as Member of Hana Rock Ventures, LLC, whose name is subscribed to the
preceding instrument, and acknowledged to me that he executed it for the purposes and
consideration expressed in it.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
Signature
Printed Name
Notary Public, State of
ACKNOWLEDGMENT
This instrument was acknowledged before me on this day of JM6—,2017,
CZ13Rsx*s7Bewm*
of the City of Round Rock, in the capacity and for the purposes
consideration therein indicated.
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A� ` �I n M t A Signature
7.
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Printed Nam
Notary Public, State of 1 Li%S
LIZAKA -D
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THE STATE OF TEXAS
COUNTY OF WILLIAMSON
Signature
Printed Name
Notary Public, State of
ACKNOWLEDGMENT
This instrument was acknowledged before me on this day of JM6—,2017,
CZ13Rsx*s7Bewm*
of the City of Round Rock, in the capacity and for the purposes
consideration therein indicated.
-f
A� ` �I n M t A Signature
7.
e
Printed Nam
Notary Public, State of 1 Li%S
FIELD NOTE DESCRIPTION FOR A 0.001 ACRE (36 SQUARE FOOT) TRACT OF
LAND:
BEING A LOT, TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON
COUNTY. TEXAS. AND BEING OUT OF AND A PART OF THE WILEY HARRIS
SURVEY, ABSTRACT NO. 298, AND BEING A PART OF A DEDICATED ALLEY
TO THE CITY OF ROUND ROCK IN BLOCK 8, CITY OF ROUND ROCK,
ACCORDING TO THE MAP OR PLAT THEREOF. RECORDED IN CABINET A,
SLIDE 190, PLAT RECORDS OF WILLIAMSON COUNTY. TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING FOR REFERENCE at a PK nail set on the southwest right ofway line
of South Mays Street at its intersection with the northwest line of a twenty (20') Alley,
For the east comer ofLot 19 of the above -referenced subdivision;
THENCE %%Ith the southeast line of Lot 19 and the northnest line of the alley South
64037'44" West, a distance of 18.38 feet to a calculated point at the edge of a concrete
step for the north corner and POINT OF BEGINNING of the herein described tract;
THENCE with said concrete step and the northeast line of this tract across the Ailey
South 24°55'09" East, a distance of 1.11 feet to the cast comer of said step for the cast
corner of this tract;
THENCE with the southeast edge of the concrete step, covered entrance. and the building
wall for the southeast line of this tract South 65°04'51" West. a distance of 36.90 feet to
the south corner of said building wall far the south comer of this tract;
THENCE with the southwest edge of the building wall for the southwest line ofthis tract
South 24155'09" East, a distance of 0.82 feet to the west corner of this tract and being a
point on the southeast line of Lot 17 of the above -referenced subdivision and the
northwest line of the alley;
THENCE with the northwest line of this tract and the alley and the southeast line of Lots
17, 18 and 19 of the above -referenced subdivision North 64°37'44" East, a distance of
36.90 feet to the POINT OF BEGINNING, containing 0.001 acre (36 square feet) of land,
more or less.
CELCO Surveying
2205 Stoneerest Path
New Braunfels. Texas 78130
Firm Registration No. 10193975
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BY: GEORGE E. LUCAS
R.P.L.S. No. 4160
State of Texas
April 13, 2017
2017-0237
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200e0sa=. OMCIAL KUM RECORDS OF - POWER POLE
YNLLIANSON CWNTY. TEXAS)
ADDREBB: 1o9 SOUTH MAYS STREET. ROUND RACK, TEXAS
Lg(JAL DE9MUMDN, A 0.177 ACRE TRACT OF LAND OUT OF THE WILEY WIRRIS SURVEY, ABSTRACT NO. 298. WILLIAMSON
COUNTY. TEEMS. AND BEING A PART OF LOIS 16. 17. 18 & 19. BLOCK 8. CITY OF ROUND ROCK.
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN CABINET A, SLIDE 190. PLAT RECORDS OF
WILLIAMSON COUNTY. T$XA% AND BEING ALL OF THAT CERTAIN TRACT OF LAND RECORDED IN
DOCUMENT NO. 2002058139 OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, 7OU&
CERTIFICATION
OF
THE UNDERSIGNED DOES HEREBY CERTIFY TO THE PARTIES LISTED BELOW THAT THIS
p�; of ► ?.,+
PLAT CORRECTLY REPRESENTS A SURVEY MADE UPON THE GROUND OF THE PROPERTY
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SHOWN HEREON. AND THAT THERE ARE NO ENCROACHMENTS OF VISIBLE IMPROVEMENTS.
EXCEPT AS SHOWN HEREON. AND THAT THIS PROPERLY HAS ACCESS TO A PUBLIC ROADWAY.
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DEM AS SHOWN HOOK
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$ITM* LIZ HARDERO
T1718 CO: INDEPENDENCE TIRE COMPANY
G.F. : 1709918 -COM LENDER: N/A
PLAN No.: 2017-0237 SURREY DATE: MARCH 3D. 2017
RCE E R P LS 4150
CM -2017-1403
AFTER RECORDING, PLEASE RETURN TO:
r CITY OF ROUND ROCK
ATTN: MONIQUE ADAMS
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2017054193
AGR Fee: $57.00
06/15/2017 10:24 AM MBARRICK
Nancy E. star County Clerk
WilliamsonCounty, Texas
City of Round Rock
r
ROUND aocx Agenda Item Summary
TEXAS
Agenda Number:
Title: Consider executing a License Agreement to allow a structure owned by
Licensee to remain partially located wihtin the Alley located at 106 South
Mays Street.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 6/9/2017
Dept Director: Brad Wiseman, Director of Planning and Development Services
Cost: $0.00
Indexes:
Attachments: LA(LIC1704-0001)- 106 S. Mays
Department: Planning and Development Services Department
Text of Legislative File CM-2017-9403
Consider executing a License Agreement to allow a structure owned by Licensee to
remain partially located wihtin the Alley located at 106 South Mays Street.
This agreement allows for an existing building (old Sweet Love & Sugar Britches) to
encroach into the City's alley. Upon sale of the property the Title Company discovered
that the existing building encroaches into the alley by less than one foot. As the City
has no utilities in the area to cause direct conflict, this agreement will ensure the
property sale can still occur without modification/removal of the structure.
City o1 Round Rock Page i Printed on dffl/2017