R-2020-0007 - 1/9/2020 RESOLUTION NO. R-2020-0007
WHEREAS, the City of Round Rock ("City") is in the process of constructing improvements
to University Boulevard; and
WHEREAS, the City wishes to enter into a Letter Agreement with IA Round Rock University
Oaks Limited Partnership to purchase a 0.010 public utility easement interest and to construct a public
roadway connection to Oakmont Drive, required as part of the proposed University Boulevard
widening improvement Project(Parcel 14PUE),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 said Letter
Agreement, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all
purposes, and is further authorized to execute any additional related documents necessary and required
for closing or completion of the transaction and requirements described therein.
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 Govermnent Code, as amended.
RESOLVED this 9th day of January, 2020.
A Z
CRAIG ORG , Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Clerk
0112.1902;0437137
EXHIBIT
Sheets & Crossfield, P.c.
ATTORNEYS AT LAW
.509 East Ma+n Street»hound Rock,`i'X 78664-5'46
11'honc 512-25>-8877.:ax 512-255-8986
dof)!u scrrlaw corn
March 22, 2019
IA Round Rock University Maks Limited Partnership
c/o Christopher Oddo
Barron Adler Clough & Oddo, LLP
808 Nueces Street
Austin, Texas 78701
Re: City of Round Rock—University Blvd. Improvement Project
Parcel 14PUE/Oak.mont roadway connection improvements
.Dear Chris:
Please allow this letter to set out my understanding regarding our agreement for
the purchase of a public utility easement interest, and construction of an access roadway
connection, in and across a portion of the IA Round Rock University Oaks Limited
Partnership ("Inland") property as part of the City of Round Rock's ("City") proposed
University Boulevard expansion project.
The parties hereby agree as follows:
1. In return for granting a public utility easernent across approximately 0.010
acre, City will pay Inland the'SLIM of : 1,000. The form and location of the
easement granted to City will be as shown in Exhibit"A"attached hereto.
The Closing and completion of this transaction shall take place at the
Pflugerville office of Independence Title ("'Iitle Company'') within 30 days after
full execution of this agreement, or at other location, date and time agreed to
between the parties. City shall be responsible for all fees and costs associated with
Closing, except that each party shall be responsible for any attorney's fees they
incur. If requested, Inland shall assist City and 'title Company with any curative
measures or mortgage lien subordination required as a condition of the Closing.
This agreement is being made in lieu of condemnation by City.
2. As part of the construction of its proposed LTniversity Blvd. project the
City shall cause a public access roadway connection to be constructed between
Oakmont Drive and the property owned by Inland, in. the location and according
to the general plan and specifications as shown in Exhibit"B"attached hereto and
incorporated herein. All costs, including construction and material expenses,
shall be borne by the City. .All construction by the city will include curb cuts.
By execution of this Agreement Inland specifically grants permission and allows
the City, its agents and construction contractors to temporarily access the Iniand
property as necessary to carry out completion of the obligations of this paragraph.
During construction of the University Boulevard and Oakmont connection drive
improvements, the City will not interfere with the ordinary use of the Inland
property, including keeping driveways, parking areas, turning lanes, and other
common areas free and clear, other than as temporarily required by the
engineering Traffic Control Plan as part of the University Boulevard construction
design. The rear drive shall remain open and unobstructed at all times, other than
as reasonably allowed by the rules and regulations of 'Texas law or the City's
Code of Ordinances concerning control of public streets and welfare of the City.
The City shall coordinate with utility providers to ensure that any impact to
Inland's utilities during construction is immediately repaired and restored, at no
cost to Inland. During construction no surface water shall be diverted onto
Inland's property from any offsite areas.
Inland shall have the right to review and comment on construction documents.
3. By approval and execution of this Agreement, City agrees to permit and
allow Inland to install, after completion of the proposed Oakmont roadway
connection and at the sole cost of Inland, one monument sign to be located
between the Inland property and Oakmont Drive in proximity to the access
roadway connection, as depicted in Exhibit B. Inland shall apply for and obtain a
permit from the City for design and installation approval of the sign, and such
sign structure shall have the following specific limitations or design requirements:
(a) Unless otherwise agreed to by the City in writing or in this Agreement, the
criteria of the sign permitted herein shall meet the provisions of the City's
Code of Ordinances, Sec. 8-85 and its successors for "Area identification and
entry feature signs"existing at the time of permit application.
(b) The final location of the sign shall be determined by agreement between
Inland and City prior to issuance of a permit.
(c) If the sign referenced herein is to be located within City owned right of way
then the parties shall execute a license agreement prior to installation in the
form as set out in Exhibit"C"attached hereto and incorporated herein.
(d) Upon application by Inland, the City agrees to permit and allow Inland to
bring electricity and necessary electrical connections to the sign in accordance
with any standard design requirements or rules.
(e) The City shall not charge an application fee associated with the permitting of
the sign.
2
4. The City acknowledges that the Inland Property will lose approximately
fourteen (14) parking spaces as a result of the taking. By approval and execution
of this of this Agreement, the City agrees that the Inland property will
nevertheless remain in compliance with the parking requirements of the
ordinances and regulations of the City, and the City shall issue a separate
Administrative Adjustment letter in accordance with the applicable provisions of
the Code of Ordinances.
If this meets with your understanding please have this letter approved and
executed where indicated and return it to me, and we will in turn have this approved and
signed by the City and process this for payment as quickly as possible.
Please feel free to contact me at any time if you have any questions or concerns
about these issues.
Very truly yours,
Ikon Childs
Sheets& Crossfield, P.C.
3
AGREED:
IA ROUND ROCK UNIVERSITY OAKS
LIMITED PARTNERSHIP, an Illinois limited.partnership
By: I.A.Round Rock University Oaks GP,L..L.C.,
a Delaware limited liability company, its general partner
By: IVT OP Limited Partnership
a Delaware limited partnership, its sole member
By: IVT OP GP, LLC,
a Delaware limited liability company, its general partner
By: InvenTrust Properties Corp.,
/-CA jMciryland corporaw n, its sole member
B
�t Pr Scrtf
CITY OF ROUND ROCK, TEXAS
By.
Name:
Its:
Date:
4
EXHIBIT "A" (PUBLIC UTILITY EASEMENT FORM)
FOLLOWS THIS PAGE
s
Univcrsi4y Blvd.—P«rcei 14PUE
PUBLIC UTILITY EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That IA ROUND ROCK UNIVERSITY OAKS I.,IMITED PARTNERSHIP.. an Illinois
limited partnership, whose current address is 3025 Highland Parkway, Suite 350,Downers Grove,
Illinois 60515 and its successors and assigns, ("Grantor"), for and in consideration of the sum of
Ten and Noll 00 Dollars($10.00)and other good and valuable consideration paid by the CITY OF
ROUND ROCK,TEXAS,a municipal corporation situated in the County of Williamson and State
of Texas ("Grantee"), the receipt and sufficiency of which is hereby acknowledged, does hereby
GRAN"fS unto Grantee certain rights and interests in the nature of a perpetual Public Utility
Easement ("Easement") and right-of-way in, upon, over, under, above and across the following
described property,to-wit:
All of that certain 0.010 acre (415 SF) tract of land situated in the Ephraim Evans
Survey, Abstract No. 212, Williamson County, Texas; and being more
particularly described in Exhibit "A" attached hereto and incorporated herein for
all purposes (Parcel 14 PUE).
The Easement, right-of-way, rights and privileges herein granted shall be used for the
purposes of location, placement, relocation, construction, operation, enlargement, maintenance,
alteration, repair, rebuilding, removal and patrol of public utilities, to-wit: electric transmission
and distribution lines,telecommunication and cable television lines, water lines, natural gas lines,
wastewater lines, sanitary sewer lines, connecting lines, access facilities and related equipment,
stormwater lines, drainage systems and underground drainage structures, all necessary conduits,
valves, vaults, manholes, ventilators and appurtenances, storm sewers and collection facilities,
drainage pipes and all other subsurface drainage structures, and any necessary accessories, or
operations.
This conveyance is made and accepted subject to any and all conditions and restrictions, if
any, relating to the hereinabove described property to the extent, and only to the extent, that the
same may still be in force and effect and shown of record in the office of the County Clerk of
Williamson County, '.I'exas. Grantee consents to the Public Utility Easement, as noted within the
waterline easement granted to the City of Round Rock,Texas,by instrument dated June 14,20061
recorded under Document No. 2006050943 of the Official Public Records of Williamson County,
Texas.
x304:24227.DOCK/dc
Except as otherwise noted, the Easement, rights and privileges herein granted shall be
perpetual, provided however that said Easement, rights, and privileges shall cease and revert to
Grantor in the event the utilities are abandoned, or shall cease to be used, for a period of five (5)
consecutive years.
'Fhe Easement, right-of-way, rights and privileges granted herein are exclusive, and
Grantor covenants not to convey any other easement or conflicting rights within the premises
covered by this grant, without the express written consent of Grantee, which consent shall not be
unreasonably withheld. Grantee shall have the right to review any proposed easement or
conflicting use to determine the effect, il-any,on the utilities contemplated herein. Prior to granting
its consent for other easements,Grantee may require reasonable safeguards to protract the integrity
of the utilities thereon.
Grantor also retains,reserves, and shall continue to enjoy the surface of such Easement for
any and all purposes which do not interfere with and prevent the use by Grantee of'the Easement,
including the right to build and use the surface of the Easement for private streets, roads,
driveways, alleys, walks, gardens, lawns,parking areas and other lila uses; provided Grantor shall
not erect or construct on the Easement any building, or other structure such as a patio, swimming
pool, sport court, storage shed, accessory building, barbeque pit or similar structure, or drill or
operate any well, or construct any reservoir or other obstruction on the Easement, or dirninish or
substantially add to the ground cover over the facilities. Before constructing any improvements,
at least ten (10) days' written notice shall be provided to Grantee of the general plans of the
improvement to be constructed on the Easement, and Grantor must first obtain the consent and
approval from Grantee of the construction and location of any improvements within the Easement.
Grantee hereby covenants and agrees:
(a) Grantee, its agents or employees shall not fence the Easement;
(b) Grantee, its agents or employees sliall promptly backfill any trench made by
Grantee on the Easement and repair any damage to Grantor's property, including
but not limited to private roads, lanes, concrete and asphalt driveways, curbs, curb
cuts and landscaping to a condition equal to or better than of which existed prior to
the commencement of such work.on Grantor's property;
(c) "Fo the extent allowed by law, Grantee shall indemnify and defend Grantor,
including its parent companies, employees, lenders, agents, successors and assigns
against any loss and damage which shall be caused by the exercise of the Easement,
right-of-way, rights and privileges herein granted or by any wrongful or negligent
act or omission of Grantee's agents or employees in the course of their employment.
2
(d) Grantee, its agents or employees shall make immediate repairs to any and all
damage to any existing utilities caused from the location, placement, relocation,
construction, operation, enlargement, maintenance, alteration, repair, rebuilding,
removal and patrol of public utilities installed by Grantee on the Easement.
(e) In the event of an emergency repair being necessary, Grantee shall provide notice
to Grantor as soon as possible. In the event of non-emergency repairs which shall
require Grantee to temporary close the ingress and egress of the Shopping Center
located near the Easement, Grantee shall provide Grantor with written notice at
least ten (10) days prior to the commencement of any work within the Easement
which shall cause the closure of ingress and egress to the Shopping Center in excess
of twenty-four(24) hours. Grantee shall advise Grantor as to the length of time of
such closing of the ingress and egress, so Grantor may provide notice of such
closing to tenants of` the shopping center, in accordance with lease agreement
provisions. Grantee further agrees that no more than one ingress and egress of the
Shopping Center shall be closed at any given time for repairs, construction,
operation, enlargement, maintenance, alteration, rebuilding, removal and patrol of
the public utilities installed by Grantee on the Easement, except in the event of an
emergency.
(f) Grantee shall use its best efforts to avoid or minimize any interruptions to the
ingress and egress, access ways or driveways, and parking spaces located within
the Shopping Center or within the Easement. No portion of the Shopping Center
or property of the Grantor shall be used at any time for the storage of vehicles or
construction staging. Grantee steal I keep the property of Grantor clear of any debris.
It is understood and agreed that any and all equipment and facilities placed upon said
property by Grantee shall remain the property of Grantee.
Grantor hereby dedicates the Easement as a Public Utility Easement for the purposes stated
herein.
Notices: All notices and other communications given pursuant to this agreement
shall be in writing and shall be deerned properly served if delivered oil the first day following
delivery to an overnight courier service or on the third day after deposit in the U.S. mail as
registered or certified mail, return receipt requested, postage prepaid, as follows:
If to Grantor: IA Round Rock University Oaks Limited Partnership
c/o InvenTrust Properties Corp.
3025 Highland Parkway, Suite 350
Downers Grove, Illinois 60515
Phone: (630) 570-0700
3
Attn: Asset Management
With a copy to:
InvenTrust Properties Corp.
3025 Highland Parkway, Suite 350
Downers Grove, Illinois 60515
Phone: (630) 570-0700
Attn: Legal Department
If to Grantee: City of Round Rock
City Manager
221 East Main Street
Round Rock, `Texas 78664
With a copy to:
City Engineer
2008 Enterprise Drive
Round Rock, Texas 78664
TO IJAVE AND TO HOLD the rights and interests described unto Grantee and its
successors and assigns, forever, together with all and singular all usual and customary rights
thereto in anywise belonging, and together with the right and privilege at any and all times to enter
said premises, or any part thereof, for the purpose of constructing or maintaining said utilities and
for making connections therewith, and Grantor does hereby bind itself, its successors and assigns
and legal representatives, to WARRANT' AND FOREVER DEFEND, all and singular, the said
Easement and rights and interests unto the City of Round Rock,Texas, its successors and assigns,
against every person whomsoever lawfully claiming or to claim the same or any part thereof.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the
day of the month of 2019.
4
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the day
of the month of , 2419.
GRANTOR:
IA ROUND ROCK UNIVERSITY OAKS
LIMITED PARTNERSHIP, an Illinois limited partnership
By: IA Round Rock University Oaks GP,L.L.C.,
a Delaware limited liability company,its general.partner
By: IVT OP Limited Partnership
a Delaware limited partnership, its sole member
By: IVT OP GP,LLC,
a Delaware limited liability company, its general partner
By: InvenTrust Properties Corp.,
a Maryland corporation,its sole member
By:
Name:
It;
ACKNOWLEDGMENT
THE STATE OF ILLINOIS §
COUNTY OF DUPAGE §
This instrument was acknowledged before me on this the day of the month of December,2019,
by Christy David, Executive Vice President, General Counsel and Secretary of INVENTRUST
PROPERTIES CORP,a Maryland corporation,sole member of IVT OP GP,LLC.,a Delaware limited
liability company, general partner of IVT OP Limited Partnership, sole member of IA Round Rock
University Oaks GP,L.L.C,which is the general:partner of IA ROUND ROCK UNIVERSITY OAKS
LIMITED PARTNERSHIP,an Illinois limited partnership,known by me to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to .me that he executed the same as the
act and deed of and on behalf of said entity and in the capacity and for the purposes and consideration
therein expressed.
Notary Public, State of.Illinois
Signature
Printed Name
5
EXHIBIT"A"
Variable'Width Public Utility Easement
METES AND BOUNDS DESCRIPTION
OF A
0.010 ACRE TRACT OF LAND
LOCATED IN THE CITY OF ROUND ROCK,WILLIAMSON COUNTY,TEXAS
BEING A 0.010 ACRE (415 SQUARE FOOT) TRACT OF LAND SITUATED IN THE
EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, WILLIAMSON COUNTY, TEXAS;
SAID 0.010 ACRE TRACT BEING A PORTION OF LOT 2H,BLOCK A, REPLAT OF LOT 2
EAST CHANDLER RETAIL CENTER, FILED ON NOVEMBER 2, 2006, AND RECORDED
IN CABINET CC, SLIDES 230-233 OF THE PLAT RECORDS OF WILLIAMSON COUNTY,
TEXAS (P.R.W.C.T.); SAID 0.010 ACRE TRACT ALSO BEING A PORTION OF LOT 211
DESCRIBED IN A SPECIAL WARRANTY DEED TO INLAND AMERICAN ROUND ROCK
UNIVERSITY OAKS LIMITED PARTNERSHIP, FILED ON MAY 6, 2010, AND
RECORDED IN DOCUMENT NO. 2010029662 OF THE OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.); SAID 0.010 ACRE TRACT BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a calculated point for the northwest corner of the herein described tract, and from which
a 1/2-inch iron rod with yellow plastic cap stamped "CS LTD"found marking the westernmost northeast
corner of said Lot 2H bears North 20°41' 11"West, at a distance of 11.71 feet, same being the northeast
corner of Lot 2G of said Block A, said iron rod also being on the southerly right-of-way(R.O.W.)line of
University Boulevard(a variable width R.O.W.);
THENCE North 69° 11' 00"East, traveling across the interior of said Lot 211, a distance of 40.21 feet to
a calculated point for the northeast corner of the herein described tract, said point being on the common
easterly line of said Lot 2H and the westerly line of Lot 1,Block A, Oakmont Centre Section Two, filed
on October 4, 1984, and recorded in Cabinet F, Slide 174, P.R.W.C.T., and from which a 1/2-inch iron
rod with orange plastic cap stamped "Waterloo RPLS 4324" found marking the easternmost northeast
corner of said Lot 2H bears North 20° 54' 30" West, at a distance of 11.62 feet, said iron rod also
marking an angle point on the southerly R.O.W. line of said University Boulevard;
THENCE South 20°54' 30"East,with the common easterly line of said Lot 214 and the westerly line of
said I.ot 1, a distance of 10.38 feet to a calculated point for the southeast corner of the herein described
tract;
THENCE South 69° 18' 05"West,traveling across the interior of said Lot 2H,a distance of 40.25 feet to
a calculated point for the southwest corner of the herein described tract, said point being on a westerly
line of said Lot 2H, same being the easterly line of said Lot 2G;
THENCE North 200 41' 11" West, with a westerly line of said Lot 2H, same being the easterly line of
said Lot 2G, a distance of 10.29 feet to the POINT OF BEGINNING of the herein described tract,
delineating and encompassing within the metes recited 0.010 acre(415 square feet) of land, more or less,
based on the survey and exhibit drawing made by The Wallace Group,A CP&Y Company, Round Rock,
Texas in September of 2015.
Page 1 of 3
Exhibit"A"continued
Description of a 0.010 acre tract
Basis of.Bearings: Bearings are based on the Texas State Plane Coordinate System (Central Zone —
NAD 83)which is based on Leica's Central Texas GPS Cooperative CORS RTK Network.
This metes and bounds description is accompanied by an exhibit drawing.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That I, Daniel M. Flaherty, a Registered Professional Land Surveyor, do hereby certify that the above
description and exhibit drawing A-4713 attached hereto is true and correct to the best of my knowledge
and belief and that the property described herein was determined by a survey made on the ground under
my direction and supervision.
WITNESS MY HAND AND SEAL at Round Rock,Williamson County,Texas.
C/N
•ice ru'}"� .
O .�
Daniel Flaherty,R.P.L.S.No. _5004OANI L M.�LRH��TY
.....<..................
The Wallace Group,A CP&Y Company " , 5004 .. �;; ,
One Chisholm Trail,Suite 130 .'Q
Round Rock,Texas 78681 `Y.SUR`
Ph.(512)248-0065
TBPLS Firm No. 10051701
See attached Plat No.A-4713 09-30-2015
22824-FN 14.doc Date
Page 2 of 3
EXHIBIT "A "
(VARIABLE WIDTH PUBLIC UTILITY EASEMENT)
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION
OF A 0.010 ACRE (415 SQ. FT.) TRACT OF LAND
IN THE CITY OF ROUND ROCK, W'ILLIA.MSON COUNTY, TEXAS
UNIVERSITY BOULEVARD
(VARIABLE WIDTH R.0.W.) N 59.11'00' E
40.21'
SCALE: I" = 100' 1/2' IRON ROD WITH
YELLOW PLASTIC CAP R.O.W. UNE
STAMPED "CS LTD"
R.O.W. LINEN 20'54'30' W - 11.62'
N 20.41'11' W
N 20.41'11' w- 10.29' FIELD NOTE
S 204.30' E POINT OF
VARIABLE WIDTH PUBLIC 10.3e' BEGINNING
UTILITY EASEMENT
0.010 ACRE (415 SO. FT.) 8918'05" W - 40.25'
LOT 2F LOT 2G ►-
1 BLOCK A BLOCK A a
REPLAT OF LOT 2 REPLAT OF LOT 2 LOT 1
t EAST CHANDLER RETAIL CENTER EAST CHANDLER RETAIL CENTER BLOCK A
CABINET CC, SLIDES 230-233 CABINET CC, SLIDES 230-233
P.R.W.C.T. P.R.W.C.T. N k- OAKMONT CENTRE
FILED: NOVEMBER 2, 2006 FILED: NOVEMBER 2, 2006o a 0 t) SECTION TWO
_j CABINET F, SLIDE 174-
P.R.W.C.T.
74P.R.W.C.T.
FILED: OCTOBER 4, 1984
LOT 2H
E
, INLAND AMERICAN ROUND ROCK BLOCK A
UNIVERSITY OAKS LIMITED PARTNERSHIP REPLAT OF LOT 2
N DOC. NO. 2010029662 EAST CHANDLER RETAIL CENTER
O.P.R.W.C.T. CABINET CC, SLIDES 230-233
FILED: MAY 6, 2010 P.R.W.C.T. LEGEND
FILED: NOVEMBER 2. 2006
a GENERAL NOTES. i= FOUND 1/2' IRON ROD WITH ORANGE CAP STAMPED
1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS.
a "WATERLOO RPLS 4324" UNLESS OTHERWISE NOTED
2.) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS AND
CONDITIONS THAT MAY BE APPLICABLE. SET 1/2' IRON ROD WITH ALUMINUM CAP STAMPED 3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. "CORR ROW"
v 4.) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION. 'a = CALCULATED POINT
P.R.W.C.T. - PLAT RECORDS, WIUJAMSON COUNTY, TEXAS
Ln BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM D.R.W.C.T. = DEED RECORDS, WILUAM50N COUNTY, TEXAS
(CENTRAL ZONE, NAD83) WHICH IS BASED ON LEICA'S CENTRAL TEXAS GPS O.R.W.C.T. = OFFICIAL RECORDS, WIWAMSON COUNTY, TEXAS
Cr
COOPERATIVE CORS RTK NETWORK. O.P.R.W.C.T. - OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS
a:
WIN-
C H E z t `= v
ef-1g neers arch tests surveycrs � dF .
A CP&Y COMPANY ��,.•��STLt
Z) WACO KILLEEN DALLAS ROUND ROCK zo*
i T8PLS 10051701 1 Chisholm Trail, Suite 130, Round Rack,Testas 76681 { (512)248-0065 TBPE F-54 ........................+ ,
OANIEL� , FlANFRTY
I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT5004•« +•, •,0.4 ..,.
i
THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND '''t>� SS�� o
to
C I� l SURVEYS IN THE STATE OF TEXAS. THIS THE 307H DAY OF 2015, '`�j'°•....,.• `
N
N SURVEYED: OCTOBER, 2014 ANIEL�M. FLAHERTY RPLS NO. 50 3 OF 3
O 100 200 PLAT NO. A-4713 DRAFT DATE 09-30-2015 DRAWN BY�DV
SCALE1!!%=--f WORK ORDER NO. 22824 FiELDB00K/PG. 195 $ TAB # A-4713
�a
0 2015 ALL RIGHTS RESERVED DIGITAL FILE 22824R-PARCELS F/N # 22824-FN14
EXHIBIT "B" (OAKMONT ROADWAY CONNECTION
EXHIBIT) FOLLOWS THIS PAGE
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EXHIBIT "C99 (LICENSE AGREEMENT FOR AREA
IDENTIFICATION SIGN FORM) FOLLOWS THIS
PAGE
LICENSE. AGREEMENT
Area Identification and Entry Feature Sign
This License Agreement ("Agreement'), is entered into by and between the CITY OF
ROUND ROCK, TEXAS (hereinafter "Licensor"), a Texas home rule municipality. and IA
ROUND RUCK UNIVERSITY OAKS LIMITED PARTNERSIIIP, an Illinois limited
partnership ("Licensee'').
WHEREAS, Licensor is the owner of the real property(hereinafter, "Licensor Property"),
which is described as a portion of Lot 2, Block "A" of Oakmont Centre, Section 2, a Subdivision
in Williamson County, 'T,exas, according to the map or plat thereof recorded in Cabinet F, Slide
174, Plat Records of Williarnson County, Texas; being further described and shown in Exhibit
"A"; and
WHEREAS, Licensee owns the property Lots 2A-21, Replat of Lot 2 of East Chandler
Retail Center, a subdivision in the City of Round Rock, Williamson County, Texas, according to
the map or plat thereof recorded in Document No. 2006096326 of the Official Public Records of
Williamson County, Texas ("Licensee Property"); and
WHEREAS, I..,icensee desires to exercise certain rights and privileges within the Property;
and
WHEREAS, Licensor desires to grant Licensee certain rights and privileges within the
Property; and
NOW, THEREFORE, it is agreed as follows:
License
1. Licensee shall have the right to enter I.,icensor's Property and install, construct,
maintain, and repair one (1) permitted Area Identification and Entry Feature Sian and associated
landscape improvements ("Licensee's Improvements") in, over and upon the portion of the
Property as shown in Exhibit "B".
It is understood that this Agreement creates a license only and that Licensee does not and
shall not claim at any time any additional interest or estate of any kind in the easement located
within the Property by virtue of this license.
It is further understood that before the installation of Licensee's Improvements or
subsequent improvements,but not:for the purpose of maintaining, upgrading or repairing,Licensee
shad obtain all required permits from Licensor.
It is further understood that Licensee must comply with all other requirements of the Code
of Ordinances of the City of Round. Rock, Texas. Licensor agrees to permit the Licensee's
Improvements, if necessary, and will not charge a permit fee, application fee or any other fee to
obtain the permit.
004237:;7 D.)C'%;de
It is further understood that Licensor has no duty to maintain, operate, replace,upgrade, or
repair any of Licensee's Improvements in or upon the Property, including the payment of any fees
of any kind associated with any of Licensee's Improvements,
Consideration
2. In consideration for this license, Licensee shall pay Licensor $10.00 and other
valuable consideration.
Assignable
3. This Agreement is fully assignable to purchasers in due course of either the
Licensee Property or Licensor Property, including all successors and assigns, or to any tenant of
Licensee or Licensor. Any buyer or assignee of either the Licensee Property or Licensor Property
will take subject to the terms and conditions of this Agreement, which shall survive any transfer.
Termination
4. This Agreement is terminable by either party at will by the giving of actual notice of a
particular termination date to the other party, but with not less than thirty(30) days' notice. After
the termination date any improvements which have not been removed by Licensee shall
automatically be subject to removal by Licensor without additional notice or additional
compensation to Licensee or any tenant.
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, EXCEPT FOR ACTS OF LICENSOR. OR ITS
OFFICERS, AGENTS OR EMPLOYEES, THAT ARE NEGLIGENT OR OF WILLFUL
MISCONDUCT OR OF LIC.ENSOR'S CONT.RACTOWS ACTS THAT ARE
NEGLIGENT OR OF WILLFUL MISCONDUCT.
Release
6. Licensee assumes full responsibility for its exercise of the license, and except for
the acts of Licensor or its officers, agents or employees, that are grossly negligent or of willful
misconduct or of Licensor's contractor's acts that are negligent or of willful misconduct, Licensee
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 costs 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
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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 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. 'chis Agreement shall be construed under and according with the laws of the State
of Texas, and all obligations of the parties created hereunder are performable in 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:
LICENSOR: City of Round Rock
Attn: City Manager
221 Last Main St.
Round Rock, TX 78664
LICENSEE: IA Round Rock University Oaks Limited Partnership
c/o Legal Department-Leasing
3025 Highland Parkway, Suite 350
Downers grove, I1,60515
IN WITNESS WHEREOF, this Agreement is executed with effective date being the date
last executed below.
[si'gnatul.e per�Yes jo11vwJ
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LICENSOR:
CITY OF ROUND ROCK,TEXAS
By.
Laurie Hadley, City Manager
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF WIL.LIAMSON §
BEFORE ME,the undersigned,a notary public in and for said county and state,on this day
personally appeared LAURIE HAD.LEY, as City Manager of the CITY OF ROUND ROCK,
TEXAS, a ".Texas home rule municipality, on behalf of said municipality, known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me that she
executed the same for the purpose and consideration therein expressed.
Given my hand and seal of office on this the day of .2019.
Notary Public, State of Texas
(Licensee Signature and Acknowledgement Next.Page)
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LICENSEE:
IA ROUND ROCK UNIVERSITY OAKS LIMITED PARTNERSHIP
By: IA Round Rock University Oaks GP, L.L.C., a Delaware limited liability company,
its general partner
By: InvenTrust Properties Corp., a Maryland corporation,
its sole member
By:
Its:
ACKNOWLEDGMENT
STATE OF §
COUNTY OF §
BEFORE ME,the undersigned,a notary public in and for said county and state,on this day
personally appeared . the of.IA ROUND RUCK
UNIVERSITY OAKS LIMITED PARTNERSHIP,on behalf of�said company, known to me to
be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that
he executed the same for the purpose and consideration therein expressed.
Given my hand and seal of office on this the day of . 2019.
Notary Public, State of
After recording,return to:
Sara White
City Clerk, City of Round Rock
221 E. Main St.
Round Rock,TX 78664
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