R-00-07-13-10B1 - 7/13/2000RESOLUTION NO. R- 00- 07- 13 -10B1
WHEREAS,the City of Round Rock, Texas is the owner of the public
right -of -way located along South Sheppard Street abutting real property
known as 109 South Sheppard Street, and
WHEREAS, the Law Offices of Mike Davis desires to exercise
certain rights and privileges upon the unpaved portion of the public
right -of -way located along South Sheppard Street abutting real property
known as 109 South Sheppard Street, 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 a License Agreement with the Law Offices of Mike
Davis for the right to install, construct, operate, maintain, upgrade,
and repair a sign in, over and upon the public right -of -way located
along South Sheppard Street abutting real property known as 109 South
Sheppard Street, a copy of which is attached hereto and incorporated
herein for all purposes.
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
Government Code, as amended, and the Act.
KAWPDOCS \RSSOLD'PI \R00]1JDI.WPD /9C
ATTEST:
RESOLVED this 13th day of July, 2000.
E LAND, City Secretary
2
City of Round Rock, Texas
LICENSE AGREEMENT
This Agreement is made this !J` day of Y
,(
2000, by and between the CITY OF ROUND ROCK, (her inafter
"Licensor "), a Texas home rule municipality, and the the Law
Offices of Mike Davis, (hereinafter, "Licensee ").
Whereas, Licensor is the owner of the real property
(hereinafter, "Property "), which is the public right -of -way as
depicted in Exhibit "A ", attached hereto and incorporated herein;
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:
1. Licensee shall have the right to install, construct,
operate, maintain, upgrade, and repair a sign in, over and upon
public rights -of -way located within the Property, as described in
Exhibit "A ". Said sign shall be installed, constructed, maintained,
upgraded and repaired in conformance with the Code of Ordinances
(1995 Edition), City of Round Rock, Texas.
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.
It is further understood that before the installation of any
current or subsequent sign, Licensee shall present a detailed sign
plan and design to the Director of Planning and the Director of
Public Works for review and approval.
It is further understood that Licensor has no duty to
maintain, operate, replace, upgrade, or repair any improvement in
or upon the Property, including the payment of any fees of any kind
associated with any improvements.
C•\ TE XT \ROON"xDC \LICffiiss \"LVIS.vpd /cdc
License
Consideration
2. In consideration for this license, Licensee shall pay
Licensor $10.00 and other valuable consideration paid by Licensee
to Licensor.
Nonassignable
3. This license is personal to Licensee. It is not
assignable, and any attempt to assign this license will terminate
the license.
Terminable at Will
4. This Agreement is terminable by either party at will by
the giving of actual notice to the other party. Upon termination,
any improvements to Property will become the property of Licensor
and it is agreed that Licensor will not need to reimburse Licensee
for any costs expended for said improvements.
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.
Release
6. 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 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.
2.
7. 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.
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:
day of
LICENSOR:
IN WITNESS WHEREOF, this AGREEMENT is executed on this ICJ
, 2000.
CITY OF ROUND ROCK
Mayor
LICENSEE:
LAW OFFICES OF MIKE DAVIS
Venue
Notice
CITY: City of Round Rock
ATTN: City Manager
221 East Main Street
Round Rock, Texas 78664
COMPANY: Law Offices of Mike Davis
109 South Sheppard Street
Round Rock, Texas 78664
3.
STATE OF TEXAS
COUNTY OF WILLIAMSON
BEFORE ME, the undersigned, a notary public in and for said
county and state, on this day personally appeared ROBERT STLUKA, as
Mayor of the City of Round Rock, 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 he executed the same for the purpose and consideration
therein expressed.
en under my
?d and seal of office on this the
— day of (, i .(�1 . , 2000.
CHRISTINE R MARTINEZ
MY COMMISSION EXPIRES
August 5, 2001
STATE OF TEXAS
COUNTY OF _ QQ l ___ )
BEFORE ME, the undersigned, a notary public in and for said
ounty and state, on this day personally appeared
x1L.-- S , as eJ.Ala
for. LW 'Lek 14, ..: . , known to me to be the person whose name
is subscribed t the foregoing instrument, and acknowledged to me
that he executed the same for the purpose and consideration therein
expressed.
Given under my and and seal of office on this the
1
day of
4.
NOTARY PUBLIC in and for
the State of Texas
, 2000.
NOT Y PUBLIC in and for
the tate of Texas
VIRGINIA M. MORENO
MY COMMISSION EXPIRES
January 11,2004
Attached
EXHIBIT "A"
5.
1 This is to certify that 1 have, this date. made a careful and accurate survey on the ground of property located at
SURVEY PLAT
I No 109 S. SHEPPARD STREET in THE CITY OF Rnuun Ro9IE, Texas,
described as follows' Portion of Lots .1,9,9 and 10, Block "11 ", City of Round Rock
a subdivision in WILLIAMSON COUNTY Texas, according to the nap or plat recorded in
CABINET A, SLIDE 190 • of the Plal Records of WILLIAMSON County, Texas.
„ 571 ° 59 90.00' c-- i
OR NlTLa �
SEE FIELD NOTES ATTACHED
AND RADE A PART HEREOF.
Conc.
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BEARING BASIS:
Q u P. RR
FLOOD NOTE
he property described hereon I5 NOT within a Special Rood Berard Area
u determined by the Federal Emergency Management Agency; the flood hazard area being rdeau•
Bed on F.I.R.M. Pand.No. 481048 0330 D effective 1 -03 -97 .
O Zone A. 0 Zone AE *Zone : A Alamo determined 1000 outride al oCO year flood plain.)
SURVEYORS CERTIFICATE Insurance, buyer and lienholder •
The plat shown ber oa it a true, correct and accurate repreaentalbn of the property as deter•
mined by survey, the lines and dimensions of said property bclog u indicated by the plat; the
size, location and type of buildings and improvcmeou are as sbovm, all improvements being
within the boundaries of the property, set back from the property lines the &stances Indicated. or
There are no ...schmaltz, conflicts or roads oro..ing said property, except as shown hereoe, and said property has a m and lines m
DAT& 1 - 09 a dedicated Iwb,tc roadway.
REF: Byron D. Barnes and Leslie B. Barnes
CF 98128195
LOALTER & ASSOCIATES
905N Il1•15 • SUITE 108 • ROUND RICK, 1 EXAS 786o4
)05.0)11
DATE: July 7, 2000
SUBJECT: City Council Meeting — July 13, 2000
ITEM: 10.B.1. Consider a resolution authorizing the Mayor to enter into a license
agreement for signage in the right -of -way for the Law Offices of
Mike Davis at 109 S. Sheppard. This License Agreement grants the
owner the right to install and maintain a sign in the City's right - - way.
Staff Resource Person: Joe Vining, Planning Director.
tt t ttr �
CITY OF ROUND ROCK
221 East Mam Street
l P Round Rock, Texas 78664
.. .� 512-218-5400
Mayor
Robert A. Stlaka, Jr
Mayor Pro-tem
Earl M. Hairston
Council Members
Tom Nielson
Carrie Pitt
Earl Palmer
Isabel Gallahan
Jimmy Joseph
City Manager
Robert L Bennett, Jr.
City Attorney
Stephan L Sheets
July 27, 2000
Mr. Mike Davis
109 South Sheppard Street
• Round Rock, Texas 78664
Dear Mr. Davis:
The Round Rock City Council approved Resolution No. R- 00- 07- 13 -10B1 at their
regularly scheduled meeting on July 13, 2000. This resolution approves the License
Agreement for the right to install, construct, operate, maintain, upgrade, and repair a sign
in, over and upon the public right -of -way located along South Sheppard Street abutting
real property known as 109 South Sheppard Street.
Enclosed is a copy of the resolution and agreement for your files. If you have any
questions, please do not hesitate to contact Joe Vining at 218 -5420.
Christine Martinez
Assistant City Secretary
Enclosures
Fax. 512 -218 -7097
1- 800-735 -2989 TDD 1- 800- 735 -2988 Voice
www.ci.round- rock.tx.us