R-10-04-22-13A - 4/22/2010RESOLUTION NO. R -10-04-22-13A
WHEREAS, Fern Bluff Municipal Utility District ("Fern Bluff")
filed suit against the City of Round Rock in Cause No. 08-189-C277;
Fern Bluff Municipal Utility District v. Jean I. Cochran and the
City of Round Rock, Texas, seeking a declaration of the parties'
rights under a September 19, 2002, dedication of property made by
Jean I. Cochran to the public use; and
WHEREAS, the parties have agreed to settle the disputes that
have arisen between them pertaining to the lawsuit and claims
alleged therein; and
WHEREAS, the City and Fern Bluff desire to enter into a
Settlement Agreement in regards to this matter; Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Full and Final Release and Settlement Agreement
with Fern Bluff Municipal Utility District, a copy of same being
attached hereto as Exhibit "A" and incorporated herein for all
purposes.
The City Council hereby finds and declares that written notice
of the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to
the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered
and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
0:\wdox\SCC1nts\0112\1005\MUNICIPAL\00189809.DOC/rmc
RESOLVED this 22nd day of April, 2010.
ATTEST:
MJCA6
SARA L. WHITE, City Secretary
2
62-Y)-% ✓lam
ALAN MCGRAW, Mayor
City of Round Rock, Texas
FULL AND FINAL RELEASE AND SETTLEMENT AGREEMENT
I.
PARTIES
THIS FULL AND FINAL RELEASE AND SETTLEMENT AGREEMENT (the
"Agreement") is made by and between Plaintiff Fern Bluff Municipal Utility District
("Fern Bluff') and Defendant, the City of Round Rock, Texas (the "City").
II.
RECITALS
WHEREAS, Fern Bluff brought suit in Cause No. 08-189-C277, entitled Fern
Bluff Municipal Utility District v. Jean I. Cochran and the City of Round Rock, Texas, in
the 277th Judicial Court of Williamson County, Texas (the "Lawsuit") against the City
and Jean I. Cochran ("Cochran") seeking a declaration of the parties' rights under a
September 19, 2002, dedication of property (the "Dedication," attached as Exhibit A)
made by Cochran to the public use; and
WHEREAS, the Dedication included a right-of-way for construction of the
proposed Creek Bend Extension across Fern Bluff property, the validity of which right -of
way Fern Bluff disputed; and
WHEREAS, The City plans to build the Creek Bend Extension (the "Creek Bend
Project"), a four -lane road connecting Creek Bend Blvd. and Brightwater Blvd.; and
WHEREAS, Fern Bluff, and the City expressly deny any and all liability for
matters arising from the allegations in the Lawsuit, and acting solely for the purpose of
compromising and settling this litigation, and in order to avoid the time, risk, expense and
00190201 (2).DOCsIs
EXHIBIT
"A„
uncertainties of litigation, the parties to this Agreement desire to enter into a final
compromise and settlement of any and all claims and causes of action of every kind and
nature whatsoever, both to person and property, known or unknown, which have arisen or
could have arisen concerning the matters asserted in the Lawsuit;
THEREFORE, Fern Bluff, and the City agree to settle their disputes as set forth
below.
III.
RELEASE AND DISCHARGE
For and in consideration of the mutual covenants contained herein, the obligations
recited in Section IV and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged and confessed, the parties agree as
follows:
3.1 Fern Bluff, for itself and for its respective affiliates, related entities,
officers, directors, agents, attorneys, employees, heirs, representatives, successors,
assigns, executors, administrators and all persons, natural or corporate, in privity with it
or them, hereby RELEASES and forever DISCHARGES the City, its affiliates, officers,
directors, agents, attorneys, employees, representatives, insurers, sureties, successors,
assigns, and all persons, natural or corporate, in privity with any of them, from any and
all claims, causes of action, damages, costs, expenses and attorneys' fees, whether known
or unknown, which presently exist or which may arise in the future, whether under
statutory or common law, related to the Dedication and the Lawsuit, including but not
limited to any disputes, differences and/or causes of action that were, could have been, or
2
might have been asserted in the Lawsuit, and Fern Bluff hereby declares that as to the
City, any causes of action contained in or related to the Lawsuit, or related to the
incidents made the bases of the Lawsuit, or related to the Dedication, whether known or
unknown, or which presently exist or may arise in the future, are fully satisfied, settled,
released, and discharged. In addition, Fern Bluff expressly ratifies the subdivision plat
for the Fern Bluff Community Center, dated September 30, 2002 and recorded in Cabinet
W, Slides 334 and 335, Plat Records of Williamson County, Texas, and acknowledges
said plat's validity, effect, and enforceability, particularly with reference to the dedication
of the right-of-way for the extension of Creek Bend Blvd.
3.2 The City, for itself and for its respective affiliates, related entities, officers,
directors, agents, attorneys, employees, heirs, representatives, successors, assigns,
executors, administrators and all persons, natural or corporate, in privity with it or them,
hereby RELEASES and forever DISCHARGES Fern Bluff, its affiliates, officers,
directors, agents, attorneys, employees, representatives, insurers, sureties, successors,
assigns, and all persons, natural or corporate, in privity with any of them, from any and
all claims, causes of action, damages, costs, expenses and attorneys' fees, whether known
or unknown, which presently exist or which may arise in the future, whether under
statutory or common law, related to the Dedication and the Lawsuit, including but not
limited to any disputes, differences and/or causes of action that were, could have been, or
might have been asserted in the Lawsuit, and the City hereby declares that as to Fern
Bluff, any causes of action contained in or related to the Lawsuit, or related to the
3
incidents made the bases of the Lawsuit, or related to the Dedication, whether known or
unknown, or which presently exist or may arise in the future, are fully satisfied, settled,
released, and discharged.
3.3 The parties to this Agreement recognize and agree that this Agreement is
intended to be pleaded as an absolute and final bar to any and all suits, claims, and causes
of action that have been released above.
3.4 Fern Bluff and the City agree to execute and file an agreed order of
dismissal with prejudice of all claims within fifteen (15) business days of Fern Bluff's
receipt of the City's signed and approved Agreements.
3.4 The execution of this Agreement shall not be construed as an admission of
liability by any party in any respect. Each party to this Agreement specifically denies any
liability or wrongdoing by that party, said consideration being given solely by way of
compromise, to avoid expenses and to terminate the controversies as to all parties to this
Agreement.
3.5 Notwithstanding any term or provision set forth above, nothing in this
Agreement shall be construed as a release of the parties' obligations to perform the
promises, provisions, and representations set forth in this Agreement.
IV.
CONSIDERATION
In addition to the mutual covenants and releases set forth above, the parties agree
to the following:
4
4.1 As part of the Creek Bend Project, the City agrees to move Fern Bluff's
Supervisory Control and Data Acquisition ("SCADA") equipment and master water
meter at the Brightwater location to a new location on property owned by Fern Bluff that
is agreeable to Fern Bluff and to the City (the "Equipment Move"). The City agrees that
the SCADA equipment and meters will not be located in the median or in the road, but
will be located at a mutually agreeable location. The City agrees to bear all costs related
to the Equipment Move. The City agrees to consult with Fern Bluff during the design,
pre -construction, construction, and sign -off phases of the Equipment Move. The City
agrees to move the equipment between October and March of the year the Creekbend
Project begins, and to expedite completion of the Equipment Move after the project
begins. The City agrees and understands that, after the Equipment Move begins, time is
of the essence in completing the project.
4.2 The City agrees not to open the planned extension of Wyoming Springs
Drive from Brightwater Blvd. to County Road 174 ("Hairy Man Road') until 2017. The
City agrees not to assign any interest it may have related to the extension of Wyoming
Springs Drive to any other entity, including Williamson County, if such assignment
would result in the opening of the Wyoming Springs extension before 2017, and not to
enter into any interlocal agreement with any other entity, including Williamson County,
which would result in the opening of the Wyoming Springs extension before 2017.
4.3 As part of the Creek Bend Project, the City agrees to install, or
alternatively, to pay for, the installation of a safety fence and/or traffic barrier along the
5
western side of Wyoming Springs Drive, adjacent to Fern Bluff Elementary School. The
City agrees to consult with Fern Bluff about the design, location, and construction of the
safety fence/traffic barrier before beginning construction.
4.4 The City agrees to install an upgraded school crossing on Wyoming
Springs Drive in close proximity to Fern Bluff Elementary School before completion of
the Wyoming Springs Drive expansion. The City agrees that the crossing will be a grade
level crossing, and not a tunnel.
4.5 The City agrees to install consistent street lighting on Wyoming Springs
Drive from FM 620 to Brightwater Blvd. Fern Bluff agrees to pay the electricity charges
for any street lighting installed on the Williamson County -owned portion of Wyoming
Springs Drive (from Cloud Peak Lane to Brightwater Blvd.).
4.6 The City agrees to pay for and to install the following irrigation lines: (1)
an irrigation main line on the east side of Wyoming Springs Drive from Brightwater
Blvd. to approximately Smyers Lane, (2) an irrigation main line in the median of
Wyoming Springs Drive from approximately Smyers Lane to FM 620, (3) an irrigation
line on the west Side of Wyoming Springs Drive from Smyers Lane to FM 620; and (4)
an irrigation main line will be constructed on the west side of Wyoming Springs from
Brightwater Blvd. to approximately 325 feet north of Park Valley Drive.
The City also agrees to install an electrical line in the median of Wyoming Springs
Drive from FM 620 to Brightwater Blvd., with 20 -amp circuits and surface outlets no
6
more than one -hundred (100) feet apart (and with no less than one circuit/outlet per
individual median strip).
The City agrees to execute an agreement with Stone Canyon Homeowners
Association (attached to this Agreement as Exhibit B) that provides for the water usage
and maintenance of the irrigation equipment.
4.7 Fern Bluff and the City agree to cooperate with each other in the
implementation of this Agreement. Fern Bluff and the City agree that the duty to
cooperate with each other is a material term of this Agreement. If any dispute arises
between Fern Bluff and the City as to any of the terms or details of the Agreement, then
Fern Bluff and the City agree to follow the following dispute resolution process before
filing suit or seeking injunctive relief in the courts: Fern Bluff and the City agree to
attempt to resolve all disputes informally; if Fern Bluff and the City cannot resolve their
disputes informally, then Fern Bluff and the City agree to mediate any disputes with Karl
Bayer, or with another mediator agreeable to both parties.
V.
WARRANTIES
5.1 Fern Bluff and the City warrant and represent that they are authorized to
enter into this Agreement; that the releases contained in Section III, above, fully release
all claims and causes of action against Fern Bluff and the City, and their affiliates,
officers, directors, agents, attorneys, employees, representatives, insurers, sureties,
successors, assigns, and all persons, natural or corporate, in privity with any of them, that
were or could have been asserted in the Lawsuit, or that have arisen or could have arisen
7
in connection with the subject matter of the Lawsuit, and that no other person, firm,
entity, or organization has any interest in any claim of Fern Bluff or the City in
connection with the subject matter of the Lawsuit or the claims released above in Section
III.
5.2 Fern Bluff and the City warrant and represent that in entering into this
Agreement they rely wholly upon their own judgment and knowledge. Fern Bluff and
the City affirm that they have not been influenced to any extent by any representation,
statement, agreement, or promise to do or omit to do any act or thing that is not
mentioned in this Agreement, and that this Agreement constitutes the entire agreement of
the parties.
5.3 Fern Bluff and the City warrant and represent that they are entering into
this Agreement of their own free will and accord and in full and final settlement and
satisfaction of all claims, demands, and damages released herein. This Agreement is
entered into by the parties freely and voluntarily and with the advice of counsel.
VI.
GENERAL
6.1 The receipt and sufficiency of the considerations herein recited is hereby
confessed and acknowledged by Fern Bluff and the City. It is further agreed that the
considerations stated herein are contractual and not mere recitals; that all agreements and
understandings of Fern Bluff and the City are embodied and expressed herein, and no
representation or warranty of any kind has been made with respect to this settlement by
the parties other than those contained within this Agreement.
8
6.2 Fern Bluff and the City acknowledge that they have been represented by
attorneys throughout the negotiations leading to this Agreement, and have consulted with
their attorneys regarding the meaning and effect of this Agreement. Therefore, the
parties agree that the terms and provisions of this Agreement are not to be construed
more strictly against one party or the other.
6.3 THIS AGREEMENT SHALL BE CONSTRUED UNDER AND FULLY
CONTROLLED BY THE LAWS OF THE STATE OF TEXAS AND IS
PERFORMABLE IN WILLIAMSON COUNTY, TEXAS.
6.4 This Agreement contains the entire agreement between Fern Bluff and the
City with regard to the matters set forth herein and shall be binding upon and inure to the
benefit of each party's affiliates, officers, directors, agents, attorneys, employees, heirs,
representatives, insurers, sureties, successors, assigns, executors, administrators and all
persons, natural or corporate, in privity with any of them. This Agreement may not be
amended, changed or modified except by a writing signed by the party or parties to be
effected by the amendment, change or modification. Fern Bluff and the City agree and
acknowledge that they will make no claim at any time or place that this Agreement has
been orally altered or modified or otherwise changed by oral communication of any kind
or character.
6.5 This Agreement may be executed in multiple counterparts, each of which
shall be deemed an original for all purposes and all of which shall constitute one and the
same instrument.
9
6.6 In the event that any of the provisions contained in this Agreement shall,
for any reason, be held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provision contained
herein, and this Agreement shall be construed as if such invalid, illegal or unenforceable
provision had never been contained herein.
6.7 Fern Bluff and the City agree to fully cooperate with each other and to
execute any and all supplementary documents and to take all additional actions that may
be necessary or appropriate to give full force and effect to the terms and intent of this
Agreement.
AGREED:
FERN BLUFF MUNICIPAL UTILITY DISTRICT
DATE:
PAT SAVARESE, PRESIDENT
BOARD OF DIRECTORS
FERN BLUFF MUNICIPAL UTILITY DISTRICT
10
THE CITY OF ROUND ROCK DATE:
ALAN McGRAW, MAYOR,
THE CITY OF ROUND ROCK
11
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
Agenda Item No. 13A.
Ci Council A;enda SummarySheet
Agenda Caption:
Consider a resolution authorizing the Mayor to execute a Full and Final Release and
Settlement Agreement of the lawsuit entitled Fern Bluff Municipality Utility District v. Jean
1. Cochran and the City of Round Rock, Cause No. 08-189-C277.
Meeting Date: April 22, 2010
EXECUTED
DOCUMENT
FOLLOWS
FULL AND FINAL RELEASE AND SETTLEMENT AGREEMENT
I.
PARTIES
THIS FULL AND FINAL RELEASE AND SETTLEMENT AGREEMENT (the
"Agreement") is made by and between Plaintiff Fern Bluff Municipal Utility District
("Fern Bluff') and Defendant, the City of Round Rock, Texas (the "City").
II.
RECITALS
WHEREAS, Fern Bluff brought suit in Cause No. 08-189-C277, entitled Fern
Bluff Municipal Utility District v. Jean I. Cochran and the City of Round Rock, Texas, in
the 277th Judicial Court of Williamson County, Texas (the "Lawsuit") against the City
and Jean I. Cochran ("Cochran") seeking a declaration of the parties' rights under a
September 19, 2002, dedication of property (the "Dedication," attached as Exhibit A)
made by Cochran to the public use; and
WHEREAS, the Dedication included a right-of-way for construction of the
proposed Creek Bend Extension across Fern Bluff property, the validity of which right -of
way Fern Bluff disputed; and
WHEREAS, The City plans to build the Creek Bend Extension (the "Creek Bend
Project"), a four -lane road connecting Creek Bend Blvd. and Brightwater Blvd.; and
WHEREAS, Fern Bluff, and the City expressly deny any and all liability for
matters arising from the allegations in the Lawsuit, and acting solely for the purpose of
compromising and settling this litigation, and in order to avoid the time, risk, expense and
00190201 (2).DOCsls
?.- 1 v. 04-2,1— (3A-
uncertainties of litigation, the parties to this Agreement desire to enter into a final
compromise and settlement of any and all claims and causes of action of every kind and
nature whatsoever, both to person and property, known or unknown, which have arisen or
could have arisen concerning the matters asserted in the Lawsuit;
THEREFORE, Fern Bluff, and the City agree to settle their disputes as set forth
below.
III.
RELEASE AND DISCHARGE
For and in consideration of the mutual covenants contained herein, the obligations
recited in Section IV and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged and confessed, the parties agree as
follows:
3.1 Fern Bluff, for itself and for its respective affiliates, related entities,
officers, directors, agents, attorneys, employees, heirs, representatives, successors,
assigns, executors, administrators and all persons, natural or corporate, in privity with it
or them, hereby RELEASES and forever DISCHARGES the City, its affiliates, officers,
directors, agents, attorneys, employees, representatives, insurers, sureties, successors,
assigns, and all persons, natural or corporate, in privity with any of them, from any and
all claims, causes of action, damages, costs, expenses and attorneys' fees, whether known
or unknown, which presently exist or which may arise in the future, whether under
statutory or common law, related to the Dedication and the Lawsuit, including but not
limited to any disputes, differences and/or causes of action that were, could have been, or
2
might have been asserted in the Lawsuit, and Fern Bluff hereby declares that as to the
City, any causes of action contained in or related to the Lawsuit, or related to the
incidents made the bases of the Lawsuit, or related to the Dedication, whether known or
unknown, or which presently exist or may arise in the future, are fully satisfied, settled,
released, and discharged. In addition, Fern Bluff expressly ratifies the subdivision plat
for the Fern Bluff Community Center, dated September 30, 2002 and recorded in Cabinet
W, Slides 334 and 335, Plat Records of Williamson County, Texas, and acknowledges
said plat's validity, effect, and enforceability, particularly with reference to the dedication
of the right-of-way for the extension of Creek Bend Blvd.
3.2 The City, for itself and for its respective affiliates, related entities, officers,
directors, agents, attorneys, employees, heirs, representatives, successors, assigns,
executors, administrators and all persons, natural or corporate, in privity with it or them,
hereby RELEASES and forever DISCHARGES Fern Bluff, its affiliates, officers,
directors, agents, attorneys, employees, representatives, insurers, sureties, successors,
assigns, and all persons, natural or corporate, in privity with any of them, from any and
all claims, causes of action, damages, costs, expenses and attorneys' fees, whether known
or unknown, which presently exist or which may arise in the future, whether under
statutory or common law, related to the Dedication and the Lawsuit, including but not
limited to any disputes, differences and/or causes of action that were, could have been, or
might have been asserted in the Lawsuit, and the City hereby declares that as to Fern
Bluff, any causes of action contained in or related to the Lawsuit, or related to the
3
incidents made the bases of the Lawsuit, or related to the Dedication, whether known or
unknown, or which presently exist or may arise in the future, are fully satisfied, settled,
released, and discharged.
3.3 The parties to this Agreement recognize and agree that this Agreement is
intended to be pleaded as an absolute and final bar to any and all suits, claims, and causes
of action that have been released above.
3.4 Fern Bluff and the City agree to execute and file an agreed order of
dismissal with prejudice of all claims within fifteen (15) business days of Fern Bluff's
receipt of the City's signed and approved Agreements.
3.4 The execution of this Agreement shall not be construed as an admission of
liability by any party in any respect. Each party to this Agreement specifically denies any
liability or wrongdoing by that party, said consideration being given solely by way of
compromise, to avoid expenses and to terminate the controversies as to all parties to this
Agreement.
3.5 Notwithstanding any term or provision set forth above, nothing in this
Agreement shall be construed as a release of the parties' obligations to perform the
promises, provisions, and representations set forth in this Agreement.
IV.
CONSIDERATION
In addition to the mutual covenants and releases set forth above, the parties agree
to the following:
4
4.1 As part of the Creek Bend Project, the City agrees to move Fern Bluff's
Supervisory Control and Data Acquisition ("SCADA") equipment and master water
meter at the Brightwater location to a new location on property owned by Fern Bluff that
is agreeable to Fern Bluff and to the City (the "Equipment Move"). The City agrees that
the SCADA equipment and meters will not be located in the median or in the road, but
will be located at a mutually agreeable location. The City agrees to bear all costs related
to the Equipment Move. The City agrees to consult with Fern Bluff during the design,
pre -construction, construction, and sign -off phases of the Equipment Move. The City
agrees to move the equipment between October and March of the year the Creekbend
Project begins, and to expedite completion of the Equipment Move after the project
begins. The City agrees and understands that, after the Equipment Move begins, time is
of the essence in completing the project.
4.2 The City agrees not to open the planned extension of Wyoming Springs
Drive from Brightwater Blvd. to County Road 174 ("Hairy Man Road') until 2017. The
City agrees not to assign any interest it may have related to the extension of Wyoming
Springs Drive to any other entity, including Williamson County, if such assignment
would result in the opening of the Wyoming Springs extension before 2017, and not to
enter into any interlocal agreement with any other entity, including Williamson County,
which would result in the opening of the Wyoming Springs extension before 2017.
4.3 As part of the Creek Bend Project, the City agrees to install, or
alternatively, to pay for, the installation of a safety fence and/or traffic barrier along the
5
western side of Wyoming Springs Drive, adjacent to Fern Bluff Elementary School. The
City agrees to consult with Fern Bluff about the design, location, and construction of the
safety fence/traffic barrier before beginning construction.
4.4 The City agrees to install an upgraded school crossing on Wyoming
Springs Drive in close proximity to Fern Bluff Elementary School before completion of
the Wyoming Springs Drive expansion. The City agrees that the crossing will be a grade
level crossing, and not a tunnel.
4.5 The City agrees to install consistent street lighting on Wyoming Springs
Drive from FM 620 to Brightwater Blvd. Fern Bluff agrees to pay the electricity charges
for any street lighting installed on the Williamson County -owned portion of Wyoming
Springs Drive (from Cloud Peak Lane to Brightwater Blvd.).
4.6 The City agrees to pay for and to install the following irrigation lines: (1)
an irrigation main line on the east side of Wyoming Springs Drive from Brightwater
Blvd. to approximately Smyers Lane, (2) an irrigation main line in the median of
Wyoming Springs Drive from approximately Smyers Lane to FM 620, (3) an irrigation
line on the west Side of Wyoming Springs Drive from Smyers Lane to FM 620; and (4)
an irrigation main line will be constructed on the west side of Wyoming Springs from
Brightwater Blvd. to approximately 325 feet north of Park Valley Drive.
The City also agrees to install an electrical line in the median of Wyoming Springs
Drive from FM 620 to Brightwater Blvd., with 20 -amp circuits and surface outlets no
6
more than one -hundred (100) feet apart (and with no less than one circuit/outlet per
individual median strip).
The City agrees to execute an agreement with Stone Canyon Homeowners
Association (attached to this Agreement as Exhibit B) that provides for the water usage
and maintenance of the irrigation equipment.
4.7 Fern Bluff and the City agree to cooperate with each other in the
implementation of this Agreement. Fern Bluff and the City agree that the duty to
cooperate with each other is a material term of this Agreement. If any dispute arises
between Fern Bluff and the City as to any of the terms or details of the Agreement, then
Fern Bluff and the City agree to follow the following dispute resolution process before
filing suit or seeking injunctive relief in the courts: Fern Bluff and the City agree to
attempt to resolve all disputes informally; if Fern Bluff and the City cannot resolve their
disputes informally, then Fern Bluff and the City agree to mediate any disputes with Karl
Bayer, or with another mediator agreeable to both parties.
V.
WARRANTIES
5.1 Fern Bluff and the City warrant and represent that they are authorized to
enter into this Agreement; that the releases contained in Section III, above, fully release
all claims and causes of action against Fern Bluff and the City, and their affiliates,
officers, directors, agents, attorneys, employees, representatives, insurers, sureties,
successors, assigns, and all persons, natural or corporate, in privity with any of them, that
were or could have been asserted in the Lawsuit, or that have arisen or could have arisen
7
in connection with the subject matter of the Lawsuit, and that no other person, firm,
entity, or organization has any interest in any claim of Fern Bluff or the City in
connection with the subject matter of the Lawsuit or the claims released above in Section
III.
5.2 Fern Bluff and the City warrant and represent that in entering into this
Agreement they rely wholly upon their own judgment and knowledge. Fern Bluff and
the City affirm that they have not been influenced to any extent by any representation,
statement, agreement, or promise to do or omit to do any act or thing that is not
mentioned in this Agreement, and that this Agreement constitutes the entire agreement of
the parties.
5.3 Fern Bluff and the City warrant and represent that they are entering into
this Agreement of their own free will and accord and in full and final settlement and
satisfaction of all claims, demands, and damages released herein. This Agreement is
entered into by the parties freely and voluntarily and with the advice of counsel.
VI.
GENERAL
6.1 The receipt and sufficiency of the considerations herein recited is hereby
confessed and acknowledged by Fern Bluff and the City. It is further agreed that the
considerations stated herein are contractual and not mere recitals; that all agreements and
understandings of Fern Bluff and the City are embodied and expressed herein, and no
representation or warranty of any kind has been made with respect to this settlement by
the parties other than those contained within this Agreement.
8
6.2 Fern Bluff and the City acknowledge that they have been represented by
attorneys throughout the negotiations leading to this Agreement, and have consulted with
their attorneys regarding the meaning and effect of this Agreement. Therefore, the
parties agree that the terms and provisions of this Agreement are not to be construed
more strictly against one party or the other.
6.3 THIS AGREEMENT SHALL BE CONSTRUED UNDER AND FULLY
CONTROLLED BY THE LAWS OF THE STATE OF TEXAS AND IS
PERFORMABLE IN WILLIAMSON COUNTY, TEXAS.
6.4 This Agreement contains the entire agreement between Fern Bluff and the
City with regard to the matters set forth herein and shall be binding upon and inure to the
benefit of each party's affiliates, officers, directors, agents, attorneys, employees, heirs,
representatives, insurers, sureties, successors, assigns, executors, administrators and all
persons, natural or corporate, in privity with any of them. This Agreement may not be
amended, changed or modified except by a writing signed by the party or parties to be
effected by the amendment, change or modification. Fern Bluff and the City agree and
acknowledge that they will make no claim at any time or place that this Agreement has
been orally altered or modified or otherwise changed by oral communication of any kind
or character.
6.5 This Agreement may be executed in multiple counterparts, each of which
shall be deemed an original for all purposes and all of which shall constitute one and the
same instrument.
9
6.6 In the event that any of the provisions contained in this Agreement shall,
for any reason, be held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provision contained
herein, and this Agreement shall be construed as if such invalid, illegal or unenforceable
provision had never been contained herein.
6.7 Fern Bluff and the City agree to fully cooperate with each other and to
execute any and all supplementary documents and to take all additional actions that may
be necessary or appropriate to give full force and effect to the terms and intent of this
Agreement.
AGREED:
FERN LUF UNICIPAL UTILITY DISTRICT
DATE: -2O-/O
PAT • ' ARESE, PRESIDENT
BOARD OF DIRECTORS
FERN BLUFF MUNICIPAL UTILITY DISTRICT
10
THE CIOF R0eD ROCK
ALAN McGRAW, MAYOR,
THE CITY OF ROUND ROCK
11
DATE: 9 -:ZZ • l U
PLAT MAP RECORDING SHEET
INSTRUMENT # -- 2002091724 2 1acm
DEDICATOR: Fern BlufMunicipai Utility District by Jean I. Cochran, President
SUBDIVISION NAME: FERN BLUFF COMMUNITY CENTER
RECORDED IN: Cabinet W, Slides 334 and 335
PROPERTY IS DESCRIBED AS: 4.919 ac. Dugan, W. Svy., Abst. 190
HAND TO: Gray-Jansing Engineering (Jim Brewer 452-0371)
INSTRUMENT DATE: September 30, 2002
FILE DATE: November 20, 2002
FOR LEGIBLE COPY OF PLAT, PLEASE SEE ORIGINAL
FEB kill Et'OREII
OFFICIAL PUBLIC RECORDS
e RT. IVA
11-20-2007''10:51 AM 2002091724
HA6.00
NANCY E. RISTER$'CO CLERK
WILLIAMSON CONJNTY, TEXAS
EXHIBIT
CERTIFIED TO BE A TRUE AND
CORRECT COPY
��'�"}= NAN
s#�. j: CY E. RISTER, County Cl-rk
Williamson County
Page_ „1 '%
PROTOGRAPRIC HYLAR
FINAL PLArI OF FERN BLUFF COMMUiiITY CENTER
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BRIGHT / ATER BOULEVARD (ROVE
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LEGEND
• IRON PIN FOUND
o IRON PIN SET
PUE PUBLIC UTIUTY EASEMENT
WWE WASTEWATER EASEMENT
SSE STORM SEWER EASEMENT
DE DRAINAGE EASEMENT
O BLOCK LETTER
CLARENCE t SOULS. ET UK
P.O. BOX 34
ROUND ROCK TX. 73610-0034
P
VOL 3170. C.C. 943
LOCATION MAP
NOT 10 SCAR
FINAL PLAT OF FERN BLUFF COMMUNITY CENTER
ORNER: FERN ILUAT MUNICIPAL UTILITY DISTRICT
wbb S 4051.0E COLLINS
100 CONGRESS AVENUE. SUITE 1300
AUST1N. TEXAS 71701
PHONE:J:433-2304
FAX: 312)433-2310
*CADGE: 4.111
EMM: WILLIAM DUGAN SURVEY A-100
ONAGER OF BL00(3: 2 ILOCKS
RIMER OF LOTS: 2 LOTS
LINEAR FEET OF NEW STREETS: 187 L.F.
DATE: SEPTEMBER. 2002
SURVEYOR: AUSTIN 3UIVEYOS3
P. O. BOX ISOM
AMIM TLXq
PHONE: (S12)434-4603
FAX: (3124430-S370
ENGINEER: GRAY JAWING ! ASSOCIA
TEXAS 767s7� 392
PHONE: 312432-0371
BENCH MARK: A PPEINAMENT SEWN YAM
INSTALLED TO CITY Or ROUND ROC(
SPECIFICATIOE UPON CONSTRUCTION
OF THIS SUBDIVISION.
W
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- ' 1217 SHOAL CRUX BL )11 200 0
-----__-- \ ?t AUSTIN.(( )) A
FERN Bl15r 02E11ARr 3011006 \ 6'1 (312)454-1133
10010 ROCK DESPENDOR 101006 03721X1 1 0O WILL BE
1311 50(30 ROCK AYE
ROUND 5001, 12. 7991-♦ SS
21.112 AC \ Z .4
voL 2000. PE 141 1 IOP
1
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FIELD NOM ICA 4.013 AOK3 p0. ▪ 2 !.
(FERN 1WFF COMMIT/ CENTER) 1 AL ---„1.- <,
FIELD NOTES OESCR11110 4.011 ACRES OF LAND CUT OF AND A PART Or 11E WILLIAM DUMAN \ '70 - �' \ \� -_' '13
l) a: Dpi
!34317. ABSTRACT N0. HID. SITUATED IN WILLIAISON COUNTY. TEXAS. SLING ALL OF TINT �1 1
CENTAUR 4.110 ACK TRACT Or LAND CONDO TO FERN SLUR MUNICIPAL UTILITY DISTRICT BY \ J 1 i °1 \ 1um
SPECIAL INANSE7 DEED MIMED 1N DOCUMENT N0. 2002043930 Or TIE DEED 1[001101 a 1 1pOp . 1 i z
MU MA:IIAS = r 615617. TOOLS. AID BEMN! MORE PARTICULNLY OESa1AED DT AETES A!0 101105 r
sem~ 2 __
BEGINNING AT AN 110N PINSET 1N AA CLRVINO NORTHEAST RI1R-0F-0647 LINE Or 1100131 �j \ i z
SPR4(C DRIVE As !ET 01.1 /N THE 151 Or HE PL T RECO SECTION$61W ONE. A co1slTE OF 1� oMKCIEp( 3Ecnon 2
3 n
010000 IN 061111 N. !Clot! 170-115 Of THE PUT 11[0010! WIulAAC011 comm.ryTEXAS,
�17 _` IPI
ICING TIE EMI COATER OF SAID 4.111 ACI[ TRACT. FROM WHICH THE S0TIEAST COIII61 OF 1 w. IL SL 246 �+ O '�
THE WILLIAM SWAN DGVEY. ABSTRACT M0. 110 !EARS 111 34.33.1. 136.11 ,UT. r0. DE i 1
!DURA CORM AIR! POINT d *DINNING THIS 71101. 611640 TIE POINT O/ CIINATIAE O0. A 1, �' ▪ , 7 - m
CURVE TO TUE LEFT HAVING* RADIUS OF 1120.60 FEET AND A CENTRAL ANOLE OF 3 27'43' 4 -L 4 p
Oil
THENCE WITH EAST RICA -OF -507 LINE OF MOUND SPRINGS DRIVE. FOR TIE WEST LINE 1\\ 1 ' , i> 1 16 ' C) N
IEAE6. TIE FOLLOWS !EVEN (7) COWE3. \ 1t' _ 11 i. 1�' !. ( Z. r1177
1. WITH TOE AAC Dr SAID 104.» FEET TIC SLI-CIIpAD Or DOCH DEARS \ \
NHS OINK.
OS 4VW.101.74 FUT TO AN IRON PIM SET r0. THE POINT 01 TANGENCY OF SAID 1
2. N42 *2.414. 171.11 FEET TO AN IRON PIN SET FOR TIE POINT OF CUIVATLI E Or A CUM \ 1� i 1 ''.r... n
TO 111 NIGHTNAVIMN A RADIUS OF 640.00 FEET AND A CENTRAL ANGLE Or 23 37'16'. \ \ r
3. WITH TIE AMC OF SAID WIVE 387.33 FEET THE LOC CHORD OF 01101 SEARS ICI 01.02^6, 6 1 14 p
01
364.75 FEET TO AN IABIN 117 FOR TK POINT POR eN TAMMY or 1110 CURVE.\ \ I `_-. ....\ --
4. NIS ,1.244. 211.1• STET TO AN IRON PIN 3E7 Fa TIE POINT 05• =young OF A CURVE
TO 111 mar WAVING ADAMS Or 44 \ \ 0.00 FEET AND A CENTRAL AN0.E Or 22 30.36'. \ 1i 7 ` \ 13 AZ
S. WITH THE ARC a SAID WIVE 377.32 FEET 111 LONG 011014 Or OUCH SEARS ND7 43'201. 1
0. 304 44.32'E. 2511.51 -[11374.60 FEET TO AN IRON 6410 AN IRON N SET ICA THE
!ET 5•a 1) or SAIDPOINT Of TANGENCY OF mow.
'0/ A CAVE \ \ \ -
TO TIE LEFT HAVING A RADIUS Or 1120.00 FEET AMD A CENTRAL ANGLE Or 3 42'32'. Or UGdH37 )\ \ I Yir
7. WITH THE ANC SAID CAV[ 72.61 FEET TIE B0110 OF OUCH DEARS NO1 33'07.1. 1 \ ' ` /
warm 1 1441 1 FEET MDa TN0RON PIN SET FOR THE POINT OF TANGENCY OF SAID CURVE AND TIE \ / \ / r'}- 1 / \ �C 12
1 / \
V \
1
//‘. i1
/ 2 \ / P0131 OF ocaus0No: Isis 34'33.1. 6711.11• TO TH[ f
/' / / ... \ ' SOUTHEAST 20641[1 (Y N[ 10!!!11 OUGW SURVEY A-1aJ
/ 3 �Y / a n 1\ 1/ 10 t '�
AUSTIN sWNL101i / STONE CANYON uciNON / \ \ \ 1
AUSTIN. J SOX Ms 43
447 \ / / \0443 L SL 003-10 / \ 1 \ 1 n /
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/\ \4 , // >s \/ 33 / \ 1 \\ \ /,:� � / ,5•i'
REGI iD MALE. �PAOFESSIONAL wo NO. •439 /�/ s / ?� 1 ` L ,`,�• / / \ 1\ \ 1 %" \ �/ oE
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TANGENT TABLE / I/ �' A \, 11 \� -� / 37
►4343(1 nisrnHlCt WANING
n 137.27• s 15•4540• E CURVE TABLE
T2 31.24' S 53.03.45• v Num/ER DELTA CNOe1 BAG BADIUS LENGTH
13 la 07 S 34134.1•' E cum?
T4 26.91' N 33.03.45• ( Cl 3'07 4i• N 40.0115• 3 1126 OD Roc 79 3170 Ls, 74•
144 S 45• s 16• •r 40• E C2 23.31 16• 3 31.04' o2• 3 9.6 ar 367, 33' 360. 79'
T6 10. OW N 71.23'27• [ 03 22•s9'W Nor 43• u- Y 946 ar31:04.::
77.32' 37•. 50•
T7 3S Or 8 14.3•• 33• V C4 3.42' 32' N 01.37 07• E 1126 00-
1"12
72 51• 72 SY
TB •B I6• 3 71•23.27- 1 CS 95.01' 20.' s 31.42.54- E 20. ar 4I. 31 37. 15'
T9 41 20'3 a•zt 20' v 04 044:53.3,20 1 3rsr 1A• v n ar a. z5• 30. 76
TSD 172.9!• N 19.44•+0. 16 C7 30• S lc••r39- E
940. DO' 0625• 6627
111 46. 16• s 71.87' 27• 0 CS 10.39. 41• S 09.02. 0•- E 046 ar 174. 91' 174. 65•
112 9. 03' N 15.45. Cr V C9 7.26' 46' S 00.01. 10• v 946 ar 122 is. 122 07
713 40. 20' N 4.21' 20• E
THENCE WITH THE EAST LINE DR SAID 4.01! ACRE MALT. FOR THE EAST UNE HEREOF. THE
(0.1.01110 AND Comes:
CoES:
1. 113 4.414. 77.31 FEET TO AN IRON PIN FOUND FOR AN ANGLE POINT Or THIS TRACT.
2. 311 34.334. 111/.)7 FEET TO THE POINT 01 BEGINNING OF THIS TRACT, CONTAINING
4.1)1 AC3E3 OF LAND. NOME OR LESS.
I. CLA DE F. HIN LE. JR.. A 1(0137(310 PIOFESS101A4 LAID SURVEYOR. 00 MEREST =Tory
THAT 1 PMIIPAAED THIS PLAT ROAM ACTUAL AND ACCURATE 04 -TIE -01010 SLAVE7 Or THE
LAND AND MAT M CORNER 101TAENTS SHONA THEREON SER[ NroP(RLY PLA ED ANDER AY
PERSONAL SUPERVISION, IN ACCODANOE WITH AG SIADIVISION REGULATIONS Or TIE CITY OF
AO(NB ROCK. TEXAS. AND ONE FIELD NOTES SHORAN HEREON CLOSE.
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PHOTOGRAPHIC HYLAR
FINAL PLA'. OF FERN BLUFF COMMUNITY CENTER
THE STATE Or TEXAS
THE COUNTY OF WILLIAYSON : KNOW AL1 NEN BY TRESES PRESENTS:
THAT FERN SLUR MUNICIPAL UTILITY DISTRICT, A POLITICAL SUBDIVISION IN THE STATE OF
DIRECTORS. BEINACTING GTHE BY
CNNEIR �i.9 9 ACRES OF LANJEAN I. D Du? Of AND
A 'PART 04 THE
WILLIAM DUGAN SURVEY. ABSTRACT NO. 110, SITUATED IN WILLIAMSON COUNTY, TEXAS. BEING
ALL OF THAT CERTAIN 4.119 TRACT 1, CONVEYED TO FERN BLUFF MUNICIPAL UTILITY 015TR157
BY SPECIAL WARRANTY DEED RECORDED IN OCCUA[NT NO. 200204393/ OF THE DEED RECORDS OF
WILLIAMISON COUNTY. TEXAS. DOES HEREBY JOIN. APPROVE AND CONSENT TO ALL DEDICATIONS
AND PLAT NOTE REOIIRENENTS 5)11194 HEREON; DOES NEWSY APPROVE THE RECORDATION Of THIS
SUBDIVISION PLAT; AND DOES HEREBY DEDICATE TO THE PUBLIC USE FOREVER THE STREETS,
ALLEYS, EASEIEMS AND ALL OTHER LANDS INTENDED roe PUBLIC DEDICATION AS SHORN HEREON. '
GWAER Cf SAID 4.910 ACRESITy ANDODOES INEREBYSST THAT E ARE NOtl1EN HOLDERRiT IS SEORSANY
UNPAID DEBT FOR WHICH SAID 4.919 ACRES REPRESENTS COLLATERAL ON ANY LOAN.
WITNESS 141 HAND TRIS THE !974
THE STATE Of TEXAS
THE COUNTY Or TRAVIS r
DAY OF . 2002 A.D.
FERN BLUFF MUNICIPAL UTILITY DIS'RICT
e% SHARLENE N. COLLINS
ARMIR5T. MOAN A DAVIS, L.L.P.
100 CONGRESS AVENUE. SUITE 1300
AUSTI7E1GS 71701
JINN I.. COCICUI, PRESIDENT,-
This INST1aNENT 1145 ACIO1DI1,EDGED 9EFCI1E NE ON TIE' !4%t -• DATar
2002. A.D.. 9Y JEAN 1. COMAS. PRESIDENT OT THE 90430 Or DIRECTORS ERN k4Fj••
WNICIPAL UTILITY OISTRICT, ON MALT Or SAID DISTRICT.
TIE
HAND AID
. - JAS iLwra.•
TN13.T►E -�9 OAY OF • „, .
A.D.�
AND
FDR
PRINTED NATE or ROTARY
.112FLLWM
. AIINVMmmaoA1TRmi
SEPTMMER1,201
NY COMMISSION EXPIRES ON
GENERAL NOTES:
1. 11ILD1140 SMACKS SHALL K ESTABLISHED 1N ACCORDANCE W1TH THE CITY 01 ROAD
no= )'AN11NG O DINANCE.
2. SIDEWALKS SHALL 9E CONSTRUCT[O IN ACCORDANCE WITH TIE CITY OF ROUND ROC)
SUBDIVISION ORDINANCE.
3. NO 11IILOIN3* OR STRICTURES ARE PERMITTED IN DRAINAGE EASEMENTS. NO FENCES OR
MOUND MOCK.
LAIp3C431NG ARE PERMITTED IN DRAINAGE EASEMENTS EXCEPT AS APPROVED M THE CITY Or
4. IN ADDITION TO THE LAMENTS 3IDBN HEREON, A TEN (10) 1007 NIDE PuSLIC UTILITY
EASEMENT AINRTING ALL STREETSIDE PROP(R1Y WKS 0r ALL LOTS SERIN HEREON 1S
NERDY DEDICATED
S. ORM AND INSTEIMTER SERVICE rat THRs 90018)3101 WILL M PROVIDED BY FERN SLANT
MUNICIPAL UTILITY 0151111CT.
B. THIS A3IV1510N IS LOCATED WITHIN M BOUNDARIES Or TIE TERN SLUFF MRIl!CIPAL
UTILITY DISTRICT. NATER AND WASTEONTER SERVICE TO THIS S.soIVIs)(N WILL, SE
PROMO M THE DISTRICT IN ACCORDANCE 171711 ITS RATE OPER. As AMENDED. ALL
C06TMUCT101 PLA16 ice INTER. 9S7E9MTER. AND maw DRAINAGE IP#OVELEw1TS MIST NE
PRESENTED TO THE DISTRICT AND APPROV(O BY TME 015T1ICT'S ERGINES PRIOR TO
MOANING CONSTRUCTION ACTIVITIES. ALL RATS. WASTEIATS. AND STORM DRAINAGE
INPIADMENTS NAY K INSPECTED BY THE DISTRICT.
7. THIS SUBDIVISION IS SMUT TO TIE AGREFIENT CONCERNING C1EAT101 AND OPERATION Or
TIE FERN &UFT N NICIPAL UTILITY DISTRICT (MIO CONSENT AGREEMENT) AND SHALL 9[
9. ALL /IOASIC ROM09AYSAND AINED AND IEASDENT s1ACCORDANCErg0M SAID
PLAT ARE mcg Or LIEN!.
B. MO 3TINCTI*E OR LAID O/ THIS PLAT SHALL 1EREA1TER SE LOCATED OR ALTERED WITHOUT
FIRST SUMNITTIG A C031111GTE Or COPLIAtCE DEVELOWMENT MOAT (Cow)
APPLICATION PORI TO THE WILLIAN6O1 COUNTY FLOOD PLAIN ADMINISTRATOR.
10. IT IS M R00MSI91LITY OF THE DE1ELOPS•DIs . NIDI THE CONTY, 70 ASSAM
COMPLIANCE IOM DR ISiONS Or ALL APPLICAILE G•OIAND R90LATI0R9 RELATING TO THE ENTIROALENT. INCLUDING NOT LY7EDLOCAL) LARS
THE
ENDANGERED SPECIES ACT. STATE AOUIFS RELLATIONS. Am, MUNICIPAL *7(3S/ED
11. ALLLIw 119G SLAB ELEVATIONS
STALL BE 1 TOOT ABOVE ANY POINT ON TIE LOT WITHIN S
IFFY Of M PERIMETER M THE WILDING.
12. ANAINMAICE Or DRAINAGE EASEMENTS MALL RE THE RESPON6IRILITY OF THE PROPERTY
OWER.
I, STEPHEN R. COLLINS. A REGISTERED PROFESSIONAL ENGINEER DO HEREBY CERT117 THAT THE
INWORYATION CONTAINED ON THIS PLAT COMPLIES WITH SUBDIVIS,OI ORDINANCES AND THE
STOIRNATER DRAINAGE POLICY ADOPTED 9Y THE CITY OF R0UN0 3000, TEAS, AND 00 HEREBY
ATTEST TD THE FOLLOWING:
1. ALL ENGINEERING WORT( FOR THE ROADS AND DRAINAGE (INCLUDING DRIVE111AY DRAIN 31PES.
IFANY)
AND W11.11AMSOI COWTYWino» MIS ISURDIVISION REGULATIONS. PION wILDE Coruna INOL IIIC ESomPLLSAANDwIGUIDELINES. AND
WITH ALL CEIERALLY ACCEPTED ENGINEERING STANDARDS. THE LORE RESTRICTIVE BETWEEN
CITY OF ROUE ROCK AND WILLIAMSON COW/TY CRITERIA SMALL GOVERN. (wILLIAN50N
COUNTY ENGINEERING GUIDELINES ARE INCORPORATED 1N WILLIANSOI COUNTY SBOIVISION
REGuLATIO4S AS APPENDIX 9).
2. THIS SUNDIVISIOM IS LOCATED WITHIN THE EORARD'3 *Guinn RECHARGE ZONE NO
0016TRACTION IM THE SLSOJVIOI0N NAY BEGIN UNTIL THE TEXAS CONISSION ON
EINIROMR]4TAL 6WLITY HAS APPROVED, IN WRITING. 1NE POLLUTION A1ATEE4T PLAN.
3. MD LOT NI7NIN TRIS 51BDIVISION I3 ENCROACHED BY ANY SPECIAL FLOOD HAZARD AREAS
11RKDATED M 100 YEAR 11.000 AS IDENTIFIED 9Y THE U. S. FEDERAL EMERGENCY
UA0/1 3 GEME0 CilDATE. . (FLOOD
INSGIUNCE RATE MM). CONAAIITY PANEL UMBER
3. 1197, FOR WILLIANSON COUNTY. TEXAS.
811NE53 11Y RNID THIS DAY Of - ? - -
.2002. A.D.
CRY •JANSING
89217 Daft EK 91 .. 511iTEN1
CREEK
AUSTIN TEXAS 71735
DATE
• .
WILLIANSON COUNTY AHD CITIES HEALTH DISTRICT APPROIAL
RASED UPON THE REPRESENTATIONS OF THE ENGINEER CR SURVEYOR 9NDSE SEAL IS AFFIXED
SSuRVEYOR,1 ilk THAT DOS PLAT COMPLIES A REviEw Of THE PLAT WITME REPRESENTED
DY
04 EIDWARp ENGINEER
AQUIFER
REGULATIONS FOR 31LL1AL40N COUNTY. THE WILLIMJSON COUNTY 11000 PLAIN REGULATIONS, AND
WILLIAMSON COUNTY ON-S1TE SEWERAGE FACILITY 301U ATIONS. THIS CERTIFICATION IS MADE
SOLELY UPON SUCH REPRESENTATIONS AND SHOLO NOT RE RELIED UPON FOR VERIFICATIONS OF
THE FACTS ALLEGED. INC W►LLIAMSCN COUNTY AND CITIES HEALTH DISTRICT AND WILLIAMSON
COUNTY DI351.4)4s ANY RESPONS111L177 TO ANY MEMBER OF THE PUBLIC FOR INDEPENDENT
VERIFICATION OF THE REPRESENTATIONS, FACTUAL OR OTHERWISE. CONTAINED 1N THIS PLAT AND
THE DOCMENTS ASSOCIATED WITH 1T.
PAULO p p T ct.-S
DIRECTOR OF ENVIROINENTAL SERV10ES DATE
MCAD NAME AND ADDRESS *33101ENTS VERIFIED THIS THE ..L.L DAY OF
2002.
illIDLY STLUNA,�
R12E0 ADDRESS COORDINATOR
APPROVED THIS !I(" DAY OF CO:MEMBHt
PL2002 A.D. 9Y TAE CITY
PLANNING AND MING CON)S510N OF TAE CITY OF ROUND ROCK, TEXAS A AUTHORIZED
. FILED FOR RE BY THE COUNTY CLERK OF WILLIAMSON COUNTY TEXAS
AL 1(OSGK. ORIRWW
PETER ottArrsa IABAW
DAY Or SEP1Th EE
ATTEST:
. 2002 A.D.
CMISTINE R. WRTINE2. CITY SECRET
CITY OF Raw ROCK, TEAS
w1LL1ANSON GOUTY C0915s)o4(33 COUNT RESOL117153 AND APPROVAL
1N Ap R0VIN0 THIS PLAT BY THE COHMISSIOERS COURT Or WILLIAMSON CONTY, TEXAS. IT IS
UDERSTOM THAT 71E BUILDING OF ALL STREETS. ROADS ADD OTTER P(1911C THDROIOFARES ADD
ANy MIDGES OR CULVERTS NECESSARY TO BE CONSTRICTED OR PLACED IS THE RESP53319ILITY
OF TNI EWERS Or DC TRACT OF LAND COVERED BY THIS PLAT 1N
SPECIFICATIONS 3313 RI3ED SY THE CON13$10ER5' CONT Cr WILL 6614 'ITN PIANS AHD
SAID COMISS1C1ER3' COUNT A33L9E5 NO OBLIGATION To SUMO ANT OF INE STREETS. 'ROADS OR
OTHER PUBLIC TNOIOIOIFARES SHORN ON DRS PLAT OR OF CONSTRUCTING ANY Or TIE MIDGES
OR CLEVENT3 IN CONECTION TIEREWI7N. THE CONEY WILL ASSIAE NO RESPO(5191L1TY roe
DRAINAGE MTS M (ASEENT3 1N THE 3URD18)5)5N. OTHER THAN THGBE DRAINING CR
PR07[CTING M ROAD SYSTEM AND STREETS.
THE COUNTY ASSUMES NO RESPO161IILITY FOR THE ACCURACY Or REPRESENTATIONS SY OTTER
SUMSEWENT PARTIES 1N THIS PLAT. 11000 PLAIN DATA. IN PARTICULAR, NAT CHANGE DEPENDING 01
RAND CDVS(DDEVELOPMENT. IT IS INSTALL A U� �T TIE 091ER3 Of THE TRACT OF
ESPEISSE ALL TRAfriC COMM.
DEVICES AND SIONAOE THAT NAT 9E REQUIRED BEFORE THE 119(07S IN 1HE RMIVIS1Ol NAVE
FINALLY SEEN ACCEPTED FOR MAINTENANCE BY T1E COUNTY,
THE STATE OF TEXAS
THE COWTY Or w)Ll1ANSO1
I. JONA C. DDERr1 3, COUNTY JUDGE OF WILLIAMSON CONTY. TEXAS. DO HENRY CERTIFY THAT
THIS MAP OR PLAT. NITN 9RITTEN FIELD NOTES HEREON. THAT A SUBDIVISION HAVING SEEN
FSAID COM ULLY PRESENTED TO THE CORISSIOERs' COURT Of WILLIAMSON COUNTY. TEXAS. AND SY THE
AUTHORIZED iT00RE REGISTDULY ERED ANDD.WERE REcoNDED01M TIE PROPER RECORDS OF THE 001477 CLERK Or
THIS DAY APPROVED. AND SAID PLAT IS
91LLIAM3OH COUNTY. TEXAS.
111- S-21.
DATE
- •- 2
Ill • AMLMLS• • Y JUDGE.
COWTY. CGS
THE STATE OF TEXAS
THE COUNTY OF W1L11ANSCN
1, NANCY E. MISTER, CLERK Or THE COUNTY CORT, WITHIN AND FOR THE CDLJTY AND STATE
AFORESAID, 00 HEREBY CERTIFY THAT THE FOREGOING INSTRUMENT Or
WITH ITS
of
U11Ir KATE 1 AUTAIENTIGTION, WAS WIRED 1011 RECORD IN )00 OFFICE 01 THE NEj�,�_ DAYON THIS THE 20J1� 2002 A.D., AT 4o: 1 O'CLOCK A
DAY OT OIMAli A.Ar2042 A.D., AN •
AND 0 a==CXY COPED
..1 . SLIDES M
IN ENE PLAT RECORDS 01 SAID COUNTY IN CABINET • 4
WITwE55 wl NANO AND SEAL Or 71E COUNTY COURT 0► SAID COUNTY, AT I1Y 01110E IN
GE0GETOK MAS. THE 4LTTEN *8030
1
BY:
NANCY R4,[
CLLICOUNTY COURT
Z RILLIAL60N COUNTY. TEXAS
3s, &a$4 GNAW ler4.4.
tf":74ENICNAL
6ERTI�IED T L/�' (164103 No. SS9R9O SE A TRUE ANO •7-/o.OzCORRECT COPY � : �' 4 : � �
1
NANCY E. MISTER, County Clare.-- ` = , s
1.4 Williamson County
,/
B11A
SHEET 2 OF 2
4IIo0ust. DNC
LIJ
LICENSE AGREEMENT
ti
This License Agreement ("Agreement") is made this 2q day of Apel 1. ,
2010, by and between the CITY OF ROUND ROCK, (hereinafter "Licensor"), a Texas home
rule municipality, and the STONE CANYON OWNER'S ASSOCIATION, (hereinafter,
"Licensee", whether one or more).
WHEREAS, Fem Bluff Municipal Utility District ("Fem Bluff') brought suit in Cause
No. 08-189-C277, entitled Fern Bluff Municipal Utility District v. Jean Z Cochran and the City
of Round Rock Texas, in the 277th Judicial Court of Williamson County, Texas (the "Lawsuit")
against the City and Jean Cochran seeking a declaration of the parties' rights under a September
19, 2002, dedication of property made by Cochran to the public use; and
WHEREAS, Fem Bluff and the City settled the Lawsuit and entered into the attached
Full and Final Release and Settlement Agreement ("Settlement Agreement") (to which this
Agreement is attached as Exhibit "B"); and
WHEREAS, in paragraph 4.6 of the Settlement Agreement, the City agreed to install
various irrigation lines in the rights -of way and medians belonging to the City (the "Property");
and
WHEREAS, as part of the Settlement Agreement, the City also agreed to execute an
agreement with Stone Canyon to provide for usage and maintenance of the new irrigation lines
and associated equipment;
Whereas, Licensee desires to exercise certain rights and privileges upon and within the
Property; and
Whereas, Licensor desires to grant Licensee certain rights and privileges upon public
rights-of-way within the Property;
NOW, THEREFORE, it is agreed as follows:
License
1. Pursuant to the terms of the Settlement Agreement, Licensor has installed in the
rights -of way and median of Wyoming Springs Drive irrigation lines and electrical lines (the
"Improvements").
Licensee shall have the right to operate, maintain, upgrade, and repair said Improvements
in, over and upon the Property. Licensee shall be solely responsible for the payment of any and
all costs to repair, maintain, replace and operate said Improvements
1.
EXHIBIT
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.
It is further understood that Licensor has no duty to maintain, operate, replace, upgrade,
or repair any of the Improvements nor shall Licensor be responsible for costs of any kind
associated with the Improvements.
Consideration
2. In consideration for this license, Licensee shall pay Licensor $10.00 and other
valuable consideration paid by Licensee to Licensor.
Nonassignable
3. This license granted in this Agreement is personal to Licensee. This Agreement is not
assignable by Licensee to any entity without the prior written consent of Licensor, which may be
withheld for any or no reason. Any assignment of this Agreement without such consent will
automatically terminate the license.
Terminable at Will
4. This Agreement is terminable by either party at will by the giving of actual notice to
the other party. Upon termination, the Improvements shall become the property of Licensor and
it is agreed that Licensor will not reimburse Licensee for any costs expended for said
Improvements.
Indemnity
5. 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, losses, 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.
Release
6. 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, contractors,
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,
2.
arising out of, or in connection with Licensee's exercise of the license under this Agreement
whether or not said claims, demands and causes of action in whole or in part are covered by
insurance.
Venue
7. 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 m Williamson
County, Texas.
Notice
8. 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: James R. Nuse, City Manager
221 East Main Street
Round Rock, Texas 78664
ASSOCIATION: Stone Canyon Owners Association
ATTN: Fred Gonce, Treasurer
Stone Canyon Owners Association
AGREEMENT is executed on this o14 t of
1/41))
IN WITNESS WHEREOF, this Y
1 , 2010.
CITY OF ROUND ROCK
By:
P.e. , Mawr,-
STONE
'� ' ON OWNER'S ASSOCIATION
-By:
CPQrNc QI
, its: President
3.
COR,OCALS-, Tem,