CM-2020-189 - 7/17/2020�} n
ELECTRONICALLY RECORDED 2020080714
Williamson County, Texas Total Pages: 16
LICENSE AGREEMENT
This Agreement is made this [—� day of C2020, by and between the
m
CITY OF ROUND ROCK, a Texas home rule uni ipality, whose address is 221 East Main
Street, Round Rock, Texas 78664 (hereinafter "Licensor"), and TFCC SAUL'S RANCH, LLC,
a Texas limited Iiability company, whose address is 9111 Jollyville Road, Suite 111, Austin,
Texas 78759 (hereinafter, "Licensee," whether one or more).
WHEREAS, Licensor is the owner of the real property (hereinafter "Property"), which is
the public right-of-way within the streets of Soprano Way at Creek Bend Boulevard intersection,
Reprise Bend and Hairy Man Road, as depicted in Exhibit "A," attached hereto and incorporated
herein by reference for all purposes; and
WHEREAS, Licensee has granted a Special Power of Attorney and Limited Agency
Authorization for MILESTONE COMMUNITY BUILDERS, LLC, a Texas limited liability
company, to execute and deliver in the name of and on behalf of Licensee agreements pertaining
to the development of Licensee's property as set forth and described in the attached Exhibit `B,"
incorporated herein by reference for all purposes; 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 Licensee shall have the right to install and maintain landscaping, irrigation, a block
retaining wall, and irrigation sleeves 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 before the installation of any of the current or subsequent
improvements depicted in Exhibit "A," Licensee shall present a detailed plan to the
Development Services Manager for review and approval. Approval of any plan shall be
solely within the discretion of the Development Services Manager.
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.
6M, 2j,)-2-0—/ Fe7
00449468/ss2
LIC2006-0001
2020080714 Page 2 of 16
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.
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, 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.
VI. Release
6.1 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
2.
2020080714 Page 3 of 16
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.
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.
VHI. 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
COMPANY: TFCC Saul's Ranch, LLC
9111 Jollyville Road, Suite 111
Austin, Texas 78759
WITNESS WHEREOF, this AGREEMENT is executed on this day of
2020.
(Signatures on the following page.)
3.
2020080714 Page 4 of 16
LICENSEE
TFCC SAUL'S RANCH, LLC,
a Texas limited liability company
By: Milestone Community Builders, LLC,
a Texas limited liability company, as Special Power
of Attorney
By:
Title:1 D�--n1 T
Date: —1— lv —:"t O
ACKNOWLEDGMENT
STATE OF
COUNTY OF 1 RM I S
This instrument wad acknowledged before me on this 11L— day of , 2020,
by Cj,4-Q A-RT'iA), as Lb� j of Milestone Community B ilders, 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.
(� FFN K
HARRISON
ID #1286W7E7phMy COTmission
0June 0�
4.
Signature
Printed Name
Notary Public, State of L EMS
2020080714 Page 5 of 16
LICENSOR
CITY OF ROUND ROCK, TEXAS
BY ✓l/�
Ma�nnager
Date:
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this I Jdvy of , 2020,
by L�i&44a4}ey, City Manager of the City of Round Rock, in the capacity d for t purposes
and consideration t ein indicated.
N1Q . E AD
.r��PRY pVB�'., Signature
Printed Name
5 .
%, •' ; 2625 g,� •� ��� Notary Public, State of��
5.
2020080714 Page 6 of 16
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2020080714 Page 11 of 16
Exhibit " B"
FORM OF
SPECIAL POWER OF ATTORNEY
AND LIlVIITED AGENCY AUTHORIZATION
THE STATE OF TEXAS § KNOW ALL PERSONS
§ BY THESE PRESENT'S;
COUNTY OF VMLTAMSON §
The undersigned, as the owner of approximately 40 ages of real property. located in
Williamson County, Texas, as desetibed on Exhibit "All attached hereto and a part hereof for all
Purposes (the "Property"), does hereby 'make, constitute, and appoint MILESTONE
CObEgUNITY BUMDERS, LLC, a Texas limited liability company ('Builder"), as the
undersigned's true and lawful attorney, to act .for and in the name, place and stead of the
undersigned to execute and deliver in the name of and on behalf of the undersigned in connection
with the development of the Property as a subdivision, including applications, plans, plats, permits,
declarations (of covenants, conditions and restrictions), easements, requests, utility oommitments
and agreements, any amendments thereto, and similar development approvals and agreements
relating to the Property and any amendments thereto that are required to be executed by the
undersigned as fee simple owner of the Property and are compliant with the provisions of the
Option Agreement dated of even date herewith, between the undersigned and Builder.
'Kris special power of attorney and limited agency authorization is in -evocable until, and
shall automatically expire upon, the earlier of (x) the acquisition of all of the Property by Builder
and (y) the termination of the Option Agreement.
The undersigned agrees and represents to those dealing with Builder that Builder is the
undersigned's true and lawful agent and may be dealt with as such until the expiration of this special
power of attomey and limited agency authorization or until written -revocation of it by written
instrument executed by the undersigned and Builder. The undersigned does hereby ratify and
confim whatsoever said attorney shall or may do by virtue of this special power of attorney and
limited agency authorization.
(REMAINDER OF PAGE RUENTIONALLY LEFT ]3LANK]
2020080714 Page 12 of 16
Exhibit "B"
Executed to be effeclive as of
Signed, sealed and delivered TFCC SAUL'S RANCH LLC,
In the presen f a Texas limited liability
company
By.
U ial Witness Name:
Title:
L4�,"d446kv,
No Public
My Commis/ion Expires: 120 S POT e?4P1 P01-1
O • '•�-
=. f tkpCAiZY ti
(NOTARIAL SEAL]-
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G.% PUBLIC: d:
lh1ATc0 Et�lEBTOQE�iiA00
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0,&W & t> dk", tiofe�Y Pti6No, rid O�/r�riYlOnRA t�Ow
moodlartlw"vr WC#QtalwCWVWM
M1Ar CanrttrJetion does not apia
Nary P&* woonmd *10 ft Cm*W o Qwmd aFft Unitd Slit=
ar/Uiwkm to TwwA%OrtMiq C- I for auCwMoWMpmxvm.
RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation
2020080714 Page 13 of 16
Exhibit "B"
Exhibit A
to
Special Warranty Deed
Property Legal Description
Field notes for 40,018 acres of land out of Elie 0asnd Carry, Survey, Abstract No. 1.30 and the E. McDaniel
Survey, Abstract No. yid I, Williamson Coutny,Texas; being a prtttdon of aealled lGS acre iracl of land and
a called 197 acre tract of land ms conveyed to Clarence Lorenza Gauls by Instrument recurded in Volume
608, Page 936 of Elie Deed Records of Williamson C.clunty, Testes; said 40.018 acres of land being more
particularly described by netts and botonds AS follows:
BEGiNNIN'G at an alumirtunt capped nionttmcnt luund on the North right-of-way line of C:rcc: Bend
Boulevard (variable width rigN-of-wily) as recorded under Oncumcni No. 201,1092339 of the Official
Public Rccord.s of Williamson County, Texas, at the most Northerly canter of a called 0.034 acre tract of
land conveyed as right-of-way by Insintment reeorded ut Document No.2015020981 of the OAiciat Public
Records of Willhinison County, Texas, at the Southeast corner of the remaining portion of Lot 1. Block A,
Fern Bluff Community Center, a subdivision as recorded in Cabinet W, Slides 334 & 335 of the Plat
Records of Williamson County, Texas, at a Southerly corner of said Sauts remainder tract, for the most
Southerly turner and MINT OF BEGINNING of the herein described tract;
THENCE. with the Westerly line of said Sauls remai ndcr tract, North 20 degrees 3 l minulm 32 seconds
West, pass a 112-inch iron rod found with cap stamped "Austin Surveyors" at the most Northerly corner or
said Lot I, Block A. Fern Bluff Communi[y Center at a distance of 449.18 feet, continuing Ott Willi an Fast
title of called 5.100 acre tract dedicated as right-of-way by Instrument recorded fit Document No.9861935
of the Official Records of Willimnson County, Tco+.'ts, pissa, 112-inch iron rod found at the South corner of
a called 0,374 acre tract of land described as tract 1, as conveyed to Fern Sluff Municipal Ulitity District
by instrument recorded in Document No. 2004079127 at' the Official Public Records of 1lrlliamson
County, Texas at a distance of 1,978.99 feet, and continuing on with the Ltint line of said Fem Bluff0.374
acre tract for a total distance of 2,325,9.1 feet to a 112-inch iron rod with cap stumped "RGE INC" set for
-tile Northwest corner of said Sauts 16.5-acre tract, for the Northwest corner of the herein described tract,
frurn which a 1/2-inch iron rod found bears South 27 degrees (16 minutes 22 seconds Enst, a distance of
5.34 feet;
T] lt:NCE, Mth the Northerly lint: of said Sauls 16.5 aeria tract. North 70 degrees 12 minutes 51 seconds
Cast a distance uf7 1.92 feet to a i12-inch Iron rad o'int cap stamped "11GE INC" set on the occupied South
rigl►t-or etiay lute of County Rand 174 (1 hairy Man Road)(No Record right-(tf-way information found), for
the most Northerly corner of dte herein described tract;
THENCE" with the occupied South right-ol cony litre ofsald County (toad 174 (Idairy Man Road), generally
as fenced, the folloi%ing Twelve: (12) courses:
I South 77 degrees 02 minutes 03 seconds Fiw a distance of 275.06 feet to U2-inch iron rod with cap
stamped "BGE INC" set at a point of cunIture of a cun.'c to the right;
2) Along said curve to the right, an arC distance of 247.79 feet, lining a radius of 380.00 feet, a central
angle of37 degrees 21 minutes 43 secondsand a chord. which bears South 58 degrees 21 minutes 1 I seennd,
East, a distance. of 243-43 feel to a U2-inch iron rod with cap stamped "BGE 1NC" set for corner;
3) South ;9 degrees 40 minutes 19 sccontis East, a distance of 132.98 feet to a 117-inch ton rod with cap
stamped'HGE INC" set at an angle, point for corner,
4) South 48 degrees 12 minutes 09 seconds East, a distance of 262.51 feet to a 112-inch iron rod wide cap
stamped "116F. INC." set at all angle point for corder;
nn 2020080714 Page 14 of 16
Exhibit'B"
5) South 56 degrees 15 minutes 04 seconds Last, it distance or62.81 feet n) a 112 inch iron rod with cap
stamped "BCE INC.' set at an angle point for Conner;
6) South 42 degrees 5t minutes 35 seconds Fast, a distance of 94.44 fev..t to a 1124nch iron rod with cap
stmnlsed 'BOE INC" set at an angle point for comer;
7) South 110 degrees 27 minutes 24 seconds Last, a distance (if 121,61 feel to a 112-inch iron rod with cap
stamped "BGE INC" set at a paint of curvature of a curve to the left;
8) Along said curve to the left, an arc: distance of 128.80 feet, having a radius of400.00 feel, a central angle
Of IS degrees 26 minutcs 55 seconds and it chord which hears South 49 degrees 40 minutes 52 seconds East
a instance of 129.24 feet to a 112-inch iron rod with cap stumped "RGE. INC" set for confer;
9) South 58 degrees 54 minutes 20 seconds East, a distance of 119.43 feat to a I12-inch iron rod with cap
stamped "13GE INC." set at an angle- point for corner;
10) South 61 degrees 24 uninulcs 51 seconds East, a dislance of 145.92 feet to a 1/2-inch iron rod with cap
stamped "BGE INC" set at it point of C.urvattire of a curve to i ne left;
11) Along said curve to the left, an are distance of 161. i,i ltet, having a radius of 1201.00 feel, a central
angle of 07 dunces 42 minutcs 29 seconds and a chord which bears South 65 degrees 16 minutes 0. seconds
East it dishinee of 161.31 feet to a 112-inch iron rod with cap stamped "BGE INC" set for confer; and
12) South 69 degrees 07 minutes 20 seconds East, a distance of 34 7 .17 feet to a 1 I') inch iron rod with
cap stamped "HOF INC" set at a point of curvature of a curve to tit right;
THENCE, leaving the occupied South right-of-way line of said Cuunn Road 174 (1•iain- Matt Road), over
and across said Sauls remainder tract, along said curve So the right, at; arc distance of 34.58 feet, having a
radius of ?5.$O feet, n central angle of 79 degrees 14 minutes 30 seconds and A chord which hears South 29
degrees 30 minutes 04 seconds Cast a distance: of.11.59 feet to a 112-inch iron rod with cap stanipetl 1113GF..
INC" set for comer,
'fHt:NCE '['en (10) feet l csl of and pnrfllM With In existing drivav►'ay, South 10 dcgvcs 07 ,ninutos I I
seconds West a distance of 76.00 feet to a M-inch Iron rod with cap stattped "UGH INC" set at a point of
curvature of it curve to the left;
't'[]6NCE along said curve to the left, an are distance of 47.36 feet, [caving a radius of 50.00 feet, a central
angle of 54 degrees 16 minutes 09 seconds and a chard which tears South 17 degrees 00 minulcs 53 seconds
Fist a distance of 45.61 feet to a 1/2-inch iron rod with cap slaniped "BGE INC" set for corner,
THENCE South 44 degrees 08 minutes 57 Seconds U-4sl a distance of 49.74 feat to a 112-inch iron rod with
cap stamped "13GE INC" set on the Nartilwest right-of=way line ofsaid Creek Bend Boulevard, forthe most
Southerly Enst confer of the herein described tract, Frain which a 112-inch {ran rod found on the Nortlavest
right-of-way litre of said Creek Bcnd Boulevard bears North 45 degmes 51 minulcs 03 seconds East, a
distance of 281,45 fcct;
THt;NCF, with the Northwest right-of-way line of said Creek Herd Boulevard and the Southeast line of
said Sau1s remainder tract, the following Four (4) courses:
2020080714 Page 15 of 16
Exhibit "Brt
1) South d5 degrees 51 minutes 03 seconds West a distance of 1,130.81 feet to a 112-inch iron rod tuund at
a point of eurvalute of a curve to the right:
2) Along said curve to the right, an are distance of 37.49 feet, having a radius of 940,00 rect, a c9ittral angle
of 02 de rrs 17 minutes SIG seconds and a chord which twars South 47 degrees 03 minutes 22 seconds
Nest a distance of 37.40 feet to a 1/2-inch iron rod found fbr comer;
3) South 55 degrees 43 minutes Ud scconds West, a distance of 47.14 feet to a concrete nail with masher
stantped "IAGG INC' set at a point ol'curvature of cuT,c to tile right; tutd
4) Along said cure to the right, an 2r: distance ol'208.08 feet, having a radius of 935.0 feet, a central
angle of 12 degrees 45 minute, 03 seconds and a chord which bears South 57 degrees 23 nihnites 50 scconds
West a distance of 207 65 feet to the POINT OF REG ININING and containing 40,018 neres of land, more
or less.
2020080714 Page 16 of 16
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2020080714
Pages: 16 Fee: $85.00
07/20/2020 12.17 PM
Nancy E. Rister,County Clerk
Williamson County,Texas
City of Round Rock
ROUND ROCK
TEXA5 Agenda Item Summary
Agenda Number:
Title: Consider executing a License Agreement with TFCC Saul's Ranch, Inc. for
landscaping, irrigation, a block retaining wall and irrigation sleeves for the
Sauls Ranch (Hairy Man 1 B) Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 7/17/2020
Dept Director: Brad Wiseman Planning and Development Services Director
Cost: $0.00
Indexes:
Attachments: LIC2006-0001 - Executed Doc
Department: Planninq and Development Services Department
Text of Legislative File CM-2020-189
This agreement allows for placement of private landscaping, irrigation and a tree well in the
City's right-of-way and establishes responsibility for ownership and maintenance of this private
infrastructure to be that of the HOA, not the City. The agreement also specifies that this is a
license being granted only, with no claim to land rights by the private entity.
City of Round Rock Page 1 Printed on 711612020