CM-2021-038 - 2/5/2021LICENSE AGREEMENT
CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
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This Agreement is made this -day of 4Ek=WV , 2021, by and between the CITY
OF ROUND ROCK, TEXAS a Texas home rule municipality, whose address is 221 East Main
Street, Round Rock, Texas 78664 (hereinafter "Licensor"), and RYAN MCKELLER AND
PAIGE BELLAMY MCKELLER, whose address is 3619 Carnousty Cove, Round Rock,
Texas 78664 (hereinafter collectively the "Licensee").
Whereas, Licensor is the owner of the real property, specifically, Forest Creek Section
28, Block A, Lot 25 ("Property") as depicted by in Exhibit "A," attached hereto and incorporated
herein; and
Whereas, Licensee is the owner of property at 3619 Carnousty Cove, Round Rock Texas,
adjacent to Licensor's Property and desires to exercise certain rights and privileges within the
Properly; 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 exercise the following rights and privileges within a
portion of the Property: 1) construct, utilize and maintain a swimming pool, which will
encroach approximately one (1) foot onto the Property; and 2) install, utilize and maintain
concrete surrounding the swimming pool, which will encroach approximately four (4)
feet onto the Property, as depicted in Exhibit "A," subject to all conditions recited herein.
1.2 It is understood that this Agreement creates a license only and that Licensee do not and
shall not claim at any time any interest or estate of any kind in 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.
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.
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LIC2101-0001 McKeller
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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, EXCEPT FOR ACTS OF LICENSOR OR ITS OFFICERS,
AGENTS OR EMPLOYEES, THAT ARE NEGLIGENT OR OF WILLFUL
MISCONDUCT OR OF LICENSOR'S CONTRACTOR'S ACTS THAT ARE
NEGLIGENT OR OF WILLFUL MISCONDUCT.
VI. Release
6.1 Licensee assume 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 any person (whether they be third persons,
2.
contractor, or employees of either of the parties hereto) and any loss of or damage to
property (whether the same be that either of the parties hereto or of third parties) caused
by or alleged to be caused, arising out of, or in connection with Licensee's exercise of the
license under this Agreement whether or not said claims, demands and causes of action in
whole or in part are covered by insurance.
VII. Venue
7.1 This Agreement shall be construed under and accord with the laws of the State of Texas,
and all obligations of the parties created hereunder are performable in Williamson
County, Texas. Venue for any dispute under this Agreement shall lie exclusively in the
courts of Williamson County, Texas.
VIII. Notice
8.1 Notice shall be mailed to the addresses designated herein or as may be designated in
writing by the parties from time to time and shall be deemed received when sent postage
prepaid U.S. mail to the following addresses:
LICENSOR: City of Round Rock
ATTN: City Manager
221 East Main Street
Round Rock, Texas 78664
LICENSEE: Ryan McKeller
Paige Bellamy McKeller
3619 Carnousty Cove
Round Rock, Texas 78664
IN WITNESS WHEREOF, this AGREEMENT is executed on this aarj day of
� OuYI."W !6( , 2021.
[Signature pages to follow.]
3.
LICENSEE:
By:
Ryan cK ler
Date: — I ZZZ-/Z i
ACKNOWLEDGMENT
STATE OF T-eVQ S
COUNTY OF k) j I It O,I'Y bYL,
This instrument was acknowledged before me on this 22 day of U Zj ,
2021, by Ryan McKeller, individually, in the capacity and for the purposes aM consideration
therein indicated.
Given my hand and seal of office on this the .21 day o (,{/� • �� , 2021.
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Not Public, State of Texas
-----------
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MARIA E WARRINER
Notary ID #12062251
My Commission Expires July 9, 2023
4.
LICENSEE:
By:J&ffia& P&VihA-
Paige Bellamy McKeller
Date: 0I-Xa-a0M
ACKNOWLEDGMENT
STATE OF l tyuS
COUNTY OF W r c 4lYttp�
This instrument was acknowledged before me on this 22, day o 202I ,
2021, by Paige Bellamy McKeller, individually, in the capacity and for tWUpurposes and
consideration therein indicated.
Given my hand and seal of office on this the 22 day of , 2021.
uam"i'
Notary ublic, State of Texas
After executing, please return to:
Planning and D
301 W. Bagdad
Round Rock,
)6pment Services
ve., Suite 210
78664
S.
MARIA E WARRINER
_ Notary ID #12062251
^a Q My Commission Expires
July 9, 2023
LICENSOR:
City of Round Rock, Texas
rC;�CityaManager 6„[,;;_ � �,•
Date:
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this4of ✓ �. 2021
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by Lacey, ity Manager of the City of Round Rock, in the capacity and for the purposes
and consideration th ein indicated.
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oN�QUEADq �iiSignature
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Exhibit "A"
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City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing a License Agreement with Ryan McKeller and Paige Bellamy
McKeller for swimming pool and concrete improvements at 3619 Carnousty Cove.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 2/5/2021
Dept Director: Brad Wiseman, Director of Planning and Development Services
Cost: $0.00
Indexes:
Attachments: LIC2101-0001 Fence McKeller - 210122 Executed Doc
Department: Planning and Development Services Department
Text of Legislative File CM-2021-038
This is an agreement that allows for the placement of a small portion of a residential pool and associated
concrete flatwork at 3619 Carnousty Cove on City owned property behind it. The flatwork will encroach up
to 5 feet, while the pool will encroach up to 1 foot. The city property is a drainage easement but is not
within the floodplain. The agreement assigns maintenance responsibility for this infrastructure to the pool
owner. No drainage concerns were identified during our discussions with Utilities.
City of Round Rock Page 1 of 1