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CM-2021-152 - 5/21/2021ELECTRONICALLY RECORDED 2021076379 Williamson County, Texas Total Pages: 7 LICENSE AGREEMENT CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS This Agreement is made this ay of _(�J ,, 2021, by and between the CITY OF ROUND ROCK TEXAS a Texas ome rule munici aNt whose address is 221 East Main p Y� Street, Round Rock, Texas 78664 (hereinafter "Licensor"), and JAMES D. VINSON, whose address is 3617 Camousty 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 23 ("Property") as depicted by in Exhibit "A," attached hereto and incorporated herein; and Whereas, Licensee is the owner of property at 3617 Camousty Cove, Round Rock, Texas, adjacent to Licensor's Property and desires to exercise certain rights and privileges 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: 1. License 1.1 Licensee shall have the right to exercise the following rights and privileges within a portion of the Property: move back fencing 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. 00471716 sx2 LIC2104.OD02 Vinson CM-2-1921- I52 2021076379 Page 2 of 7 11. Consideration 2.1 In consideration for this license, Licensee shall pay Licensor $10.00 and other good and valuable consideration. lll. Nonassignabiiity 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. 2021076379 Page 3 of 7 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, Vll. Venue 7 I 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 9-1 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: James D. Vinson 3617 Carnousty Cove Round Rock, Texas 78664 IN WITNESS WHEREOF, this AGREEMENT is executed on this day of 12021. [Signature pages to follow.] 2021076379 Page 4 of 7 LICENSEE: James Vinson Date: 10 0� ACKNOWLEDGMENT STATE OF —Tf—)ta S § COUNTY OF 1 %Q SO r § This instrument was acknowledged before me on this I l+�^ day of , 2021, by James D. Vinson, individually, in the capacity and for the purposes and con ' eration therein indicated. Given my hand and seal of office on this the ) VK day of M , 2021. AAUU-'--� lam' Notary Public, State of Texas VICTORIA GARCIA 4n Notary 10 N 112498055 My Commission Expires • May M. 2024 After executing, please return to: Planning and Development Services 301 W. Bagdad Ave., Suite 210 Round Rock, TX 78664 4, 2021076379 Page 5 of 7 LICENSOR: City of Round Rock, Texas By: �.a , City Manager Date: 1l21 ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this ZE day of It , 2021, rdconsideration , City Manager of the City of Round Rock, in the capacity and forthe purposes th ein indicated. erobvs Prnn.44) p�z4 4�� t� :p1iE�A0f�s i gnature P •• � Rl Pu" - • c c = Printed Name _ Notary Public, State of�Z21j f r4rfOf��.; 2021076379 Page 6 of 7 Exhibit "A" r'REPARED BY t I 3- rROPEIRY ADDRESS 3617 CARNMTY COVE ROOM ROCX f W .,"" f1E1.OWORKOM xi�i T ""` , --+'"' �1s'1 REVISrOHt11TEL5)cnNe.n y %� iR1R . IglAI�It�'dGYl1' � � r' i xuemamw hiR; IBB�O OI' RBK 11L1rl611Y a i �11B111BAId y � � I � Bledp � �OO - eras f LOT 24 MR A SUBMWNBER IN62W OPWA uB1mmom dP MYMLBIOIOCIRIIY. TmiRB.67Be� j BBBII�RQAB1pHirBlry ww I j MBl♦�QASOIgA1frLJlttii�.6 �� W •.V L � 1VOIrC 1.Yti [AIPOIT ' ww .} LINOLfPRhRR6. L&K �r A �d s' gi A S• LIDT KK A 1 �rNlaA�Mry� Or11rB O0rV011111147m Comm B6 H JI• SWOT AAl BBIB1 AUgB1lORf !qM 4111lRI�Y r10IQ10411 &6 Bt71Ar1�MM� IR116�11M�7lar.tl167rf arcl,+BOLIneBB14p1ttlrIBMB GRAPHIC SfCAIZ (tn ►e.lj 1IIIB1r��etBRr G�BrmOBrJJIINaLoAm l�a6R6mm 1 inch - 30' IL �1• IM�WABB�O�BMrt41r116'i1K1MK WillftmMMrAM P-OWNAOM4110M "P0414Mno1F EET ByPfWORMMAMARCHWTN1#LOCALVERNM OBERNEANDWALKOVERISPUEUCUUTYEASEk*M AUNC1PAL1TYORW WFEMAgv HE PRORYAPPEMST LOCATED Of ZONE X T"S 8a+r` AL�ROcKccommumry LI1146. ATED CLxwrmumufb TE15p6(I lJx DAMES O VINSON SELLER: CE M1DTO:JAMESDVINSON. CIATE: 6nil Q15 svrveVsiars W surve"fors.Con1 Thh Is pop I of 2 aid it m and wilhimA d press, s: y fC�� TEXAS SURVEYORS, INC RECORDERS MEMORANDUM All or pads of the text on th-S page was not clearly legib a for satisfactory recordation 2021076379 Page 7 of 7 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2021076379 Pages: 7 Fee: $45.00 05 21 /2021 02.50 PM :r=ot", 74 Nancy E. Rister,County Clerk Williamson County,Texas ROUND ROOK City of Round Rock TEXAS Agenda Item Summary Agenda Number: Title: Consider executing a License Agreement with lames D. Vinson for fencing improvements at 3617 Carnousty Cove. Type: City Manager Item Governing Body: City Council Agenda Date: 5/21/2021 Dept Director: Brad Wiseman, Director of Planning & Development Services Cost: $0.00 Indexes: Attachments: Vinson License Agreement - Signed Department: Planning and Development Services Department Text of Legislative File CM-2022-152 This item will allow the applicant to move their fence five feet into a city -owned lot containing a drainage easement. The applicant is a neighbor of 3619 Carnousty Cove, with whom the city executed an identical license agreement in February 2021. Relocating the fence will provide room for the construction of a pool in a small backyard. There will be no improvements in the city -owned area; the pool and associated flatwork will remain on private property, but the relocation of the fence allows space for people and pets to safely walk around pool. The applicant will be responsible for maintenance of the land within the fence. City of Round Rock Page 1 of 2