CM-2021-317 - 12/3/2021ELECTRONICALLY RECORDED 2021189643
Williamson County, Texas Total Pages: 7
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
This Agreement is made this ay of 202 1, 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 HMR HOLDINGS,
whose mailing address is 10 11 North Lamar Boulevard, Austin, Texas 78703 (hereinafter the
"Licensee").
Whereas, Licensor is the owner of the real property (hereinafter, "Property") in the City
of Round Rock, Williamson County, Texas, which is public rights -of -ways, specifically
Flowstone Lane, as depicted by in Exhibit attached hereto and incorporated herein; and
Whereas, Licensor desires to grant Licensee certain rights and privileg•es upon public
rights -of -ways within the Property; and
1.1 Licensee shall have the right to enter the Property to install, maintain, and repair a
jellyfish structure at Flowstone Lane, north of its intersection with Arterial H, as depicted
in Exhibit "Asubject 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 public right-of-way
located within the Property by virtue of this license.
f .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 thi
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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4853-6829-1076-`ss2
LAGR21 10-0001
g,,- 2021189643 Page 2 of 7
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,
IA
2021189643 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.
VII. Venue
T 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: HMR Holdings, Inc.
1011 North Lamar Boulevard
Austin, Texas 78703
/17
IN Wl"NESS WHEREOF, this AGREEMENT is executed on this day of
_ 2021.
[Signature pages to follow.]
KI
A
2021189643 Page 4 of 7
LICENSEE:
HMR HOLDINGS, INC.
B,
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STATE OF 40 1 tg�
COUNTY OF
�Id
Given my hand and seal of office on this the PQ dayof,',��2021.
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La - - . VrW'
301 W. Bagdad Ave., Suite 2 10
Round Rock, TX 78664
Notary' Public', State ohexas
13
HOLLY H. FULLERTON
Notary Public. State of Texas
Comm. Expires 05-29.2024
Notary ID 132499027
2021189643 Page 5 of 7
LICENSOR:
City of Round Rock, Texas
By:
Laurie Hadley, City N anager
Dater
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this 4-" ay of 2021,
by Laurie Hadley, City Manager of the City of Round Rock, in the capacity and for the purposes
and consideration therein indicated.
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Notary Public, Stake of Texas
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2021189643 Page 6 of 7
Exhibit "A"
RECORDERS MEMORANDUM
r orpaits otthe te?;t on this page Boras not
.,early legible t.�r satie�ta,fco, recordation
2021189643 Page 7 of 7
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2021189643
Pages- 7 Fee: $54.00
12/15/2021 08.26 AM
MBARRICK
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Nancy E. Rister, County Clerk
Williamson County,Texas
Sent bv:11/18/2021
Need by; 12 01 2021
ROUND Easement Vacation
PuRp"O Utility Director Signature
I have no objection to the requested encroachment agreement, as described in the referenced
application.
Application #: EVAC2110-0005 - WL /Avery Centre East Phase 1, Section 1
Address: Southeast of N A.W. Grimes Blvd and Countv Road 112
Subdivision/ Leal DescriEtion: Thomas Toby Survey, Section No. 201, Abstract No. 625
Lot/Block: Parcel 10/Tract A
The City Utility Department hereby approves the Vacation in its easement areas on the subject
property upon the following conditions:
1. The City or any utility company having authority to use the easement shall not be liable
for repair or replacement of any private structures within the easement
in the event that they are moved, damaged, or destroyed by virtue of the lawful use of
the easement
2. Owner(s) shall be responsible for any costs associated with the removal or damage of
private structures encroaching into the easement area
3. Owner(s) are responsible for verifying that no conflict exists with existing utilities prior
to installation
4. The City shall have no responsibility to maintain any private structures within the
easement
5. This Agreement shall run with the land and shall be recorded against the title to the
subject property
Z+
Mic el Thane, P.E. bate,
Utility 8r Environmental Services Director
City of Round Rock
For Staff Use Only
Sent by:11/18/2021
Need by:12/01/2021
ROU�K,TFXAS Easement Vacation
PUNIM'M'°N"RWM" Utility Director Signature
I have no objection to the requested encroachment agreement, as described in the referenced
application.
Application #: EVAC2110-0007 - WL /Avery Centre East Phase 1, Section 1
Address: Southeast of N A.W. Grimes Blvd and County Road 112
Subdivision/ Legal Description: Thomas Toby Survey, Section No. 201, Abstract No_ 625
Lot/ Block: Parcel 10/Tract A
The City Utility Department hereby approves the Vacation in its easement areas on the subject
property upon the following conditions:
1. The City or any utility company having authority to use the easement shall not be liable
for repair or replacement of any private structures within the easement
in the event that they are moved, damaged, or destroyed by virtue of the lawful use of
the easement
2. Owner(s) shall be responsible for any costs associated with the removal or damage of
private structures encroaching into the easement area
3. Owner(s) are responsible for verifying that no conflict exists with existing utilities prior
to installation
4_ The City shall have no responsibility to maintain any private structures within the
easement
5. This Agreement shall run with the land and shall be recorded against the title to the
subject property
Michl'el Thane, P.E. Date
Utility & Environmental Services Director
City of Round Rock
For Staff Use Only
Sent by:11 / 18/ 2021
Need by: 12 01 2021
JRrDU IRZKTEXAS Easement Vacation
" . Utility Director Signature
I have no objection to the requested encroachment agreement, as described in the referenced
application.
Application #: EVAC2110-0006 - WL /Avery Centre East Phase 1, Section 1
Address; Southeast of N A.W. Grimes Blvd and County Road 112
Subdivision/Legal Description: Thomas Toby Survey, Section No. 201, Abstract No. 625
Lot/Block: Parcel 10/Tract A
The City Utility Department hereby approves the Vacation in its easement areas on the subject
property upon the following conditions:
1. The City or any utility company having authority to use the easement shall not be liable
for repair or replacement of any private structures within the easement
in the event that they are moved, damaged, or destroyed by virtue of the lawful use of
the easement
2. Owner(s) shall be responsible for any costs associated with the removal or damage of
private structures encroaching into the easement area
3. Owner(s) are responsible for verifying that no conflict exists with existing utilities prior
to installation
4. The City shall have no responsibility to maintain any private structures within the
easement
5. This Agreement shall run with the land and shall be recorded against the title to the
subject property
"'/ ) 12-y!
Michadl Thane, P.E. Date
Utility & Environmental Services Director
City of Round Rock
For Staff Use Orly
ROUND ROCK City of Round Rock
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a License Agreement with HRM Holdings, Inc. for a jellyfish
structure in the Flowstone Lane right-of-way, north of its intersection with
Arterial H, for the Highlands at Mayfield Ranch Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 12/3/2021
Dept Director: Brad Wiseman, Director of Planning and Development Services
cost: $0.00
Indexes:
Attachments: LAGR2110-0001 Arterial H Phase II - 21124 Executed Doc
Department: Planning & Development Services
Text of Legislative File CM-2021-317
This is an agreement that allows for placement of a water quality structure in City -owned right-of-way
(Flowstone Lane) to treat stormwater from the neighboring Highlands at Mayfield Ranch subdivision. This
agreement assigns ownership and maintenance responsibility for this structure to Highlands At Mayfield
Ranch MUD.
City of Round Rock Page 1 of i