R-00-08-10-10A3 - 8/10/2000K , \ WPDOCS \RESOLVII \R00810A3.WPD /ac
RESOLUTION NO. R- 00- 08- 10 -10A3
WHEREAS, the City of Round Rock, Texas is the owner of the public
right -of -way located along Hoppe Trail and Wolle Lane, and
WHEREAS, the Encino Plaza Property Owners Association, desires to
exercise certain rights and privileges upon the unpaved portion of the
public right -of -way located along Hoppe Trail and Wolle Lane, 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 Encino Plaza Property
Owners Association for the right to install and maintain signage and
landscaping in, over and upon the public right -of -way located along
Hoppe Trail and Wolle Lane, 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.
ATTEST:
RESOLVED this 10th day of August, 2000.
LAND, City Secretary
2
Ri; A. STLUKA, JO Mayor
City of Round Rock, Texas
LICENSE AGREEMENT
This Agreement is made this IL) day of
2000, by and between the CITY OF ROUND ROCK, ( reinafter
"Licensor "), a Texas home rule municipality, and ENCINO PLAZA
PROPERTY OWNERS ASSOCIATION (hereinafter, "Licensee ").
Whereas, Licensor is the owner of the real property
(hereinafter, "Property "), which is the public right -of -way known
as Hoppe Trail and Wolle Lane, 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:
C \TexC \ROUNOROC \LICENSE \ENCINO3.wpd /cdc
License
1. Licensee shall have the right to install, construct,
operate, maintain, upgrade, and repair signs, landscaping and
irrigation in, over and upon the two medians within the public
right -of -way known as Hoppe Trail and one median within the public
right -of -way known as Wolle Lane, and as depicted in Exhibit "A ".
Said signs and landscaping shall be installed, constructed,
maintained, upgraded and repaired in conformance with the Code of
Ordinances (1995 Edition), City of Round Rock, Texas. Additionally,
the sign located within the median in Wolle Lane and the sign
located within the northernmost median in Hoppe Trail shall be
similar to the sign depicted on Exhibit "B ", attached hereto and
incorporated herein. The sign located within the median in Wolle
Lane shall be similar to the sign depicted on Exhibit "C ", attached
hereto and incorporated herein.
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
signage or landscaping, Licensee shall present a detailed plan and
design of such 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.
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:
IN ITNESS EREOF, this AGREEMENT is executed on this gV
day of , 2000.
LICENSOR:
CITY OF ROUND ROCK
gr A. Stluka �J
Mayor
LICENSEE:
ENCINO PLAZA PROPERTY OWNERS ASSOCIATION
Venue
Notice
CITY: City of Round Rock
ATTN: City Manager
221 East Main Street
Round Rock, Texas 78664
COMPANY: Encino Plaza Property Owners
Association
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.
Given under my „hand and seal of office on this the
f O h day of
CHRISTINE R. MARTINEZ
MY COMMISSION EXPIRES
August 5, 2001
4.
, 2000.
NOTARY PUBLIC in and for for
the State of Texas
STATE OF TEXAS )
1 ` )
COUNTY OF )
BEFORE ME, the undersigned, a notary public in and for said
c.,nty . an. state, on t s day pe sonally appeared
• c9 .: z, 6 - n4y.0A Otec"to&
for -, 2, ! 3, o`GSn 'tb me tci be the person whose name
is subscribed to the foA -going instrument, and acknowledged to me
that he executed the same for the purpose and consideration therein
expressed.
o iiven under my hand and seal of office on this the
day of l , 2000.
V U it 11/LL<A4D
NOT PUBLIC in and for
the ate of Texas
VIRGINIA M.MORENO
MY COMMISSION EXPIRES
January 11,2004
CHMARK
ROD SET IN
ELEV. 789 59'
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O. 173)
870.64' S87'5.
20.E
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730' P.U.E.
JOINT USE
ACCESS EASEMENT
DOC. NO. 9753652
L
C.L. OF 20' P.U.E.
REPLAT OF LOT 2 - BLOCK "C"
CABINET "0 ", SLIDES 68 -69
( W.C.P.R.)
men
LOT 3-Al
2.02 ACRES
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15' P.U.E.
546.89
602.09'
LOT 2-B
1.861 AC
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VOL. 748, PG. 470
(T1. C.D.R.)
PRESENTLY CALCASIEU LUMBER COMPANY
LOT 3-A2
1.527 ACRES
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co
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REPLAT OF LOT 3 -A
CABINET "0"
15' PRIVATE
STORM SEWER ESMT.
15' P.
S13'
15.
25' STORM SEWER, DRAINAGE 68. AND P.U.E.
-50: .; a "
375.52' 60.E
- LICENSED AREA
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BLOCK "B" ENCINO PLAZA
SLIDES 184 -185
W.C.P.R.)
462.89'
15' P.U.E.
LOT 3"A3 .
2.760 ACRES
75' P.U_
7.5' P.0 E
EXHIBIT "A"
25' STORM SEWER, DRAINAGE
AND P.U.E.
15' P.U.E.
91.24 SOUARE FEET HEREBY
DEDICATED FOP R 7 W
LOT 3'A4 15' P.U.E_
RESERVED DRAINAGE EASEMENT
1.820 AC
STORM WATER, DETENTION POND
AND WATER QUALITY POND AREA
SEE GENERA. NOTE NO. 4
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DURING BASIS
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------ 4 s.: -- - - - - --
NO1'20'26tE
ENCINO PLAZA
CABINET "N-. SLIDES 272 -273
(W.C.P.R -)
IT
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K "A"
15' P.U.E.
T USE ACCESS-EASEMENT �7
;EWER AND- P.U.E.
• S0119'00 299.20'
304 '44'09,
SO 01. 00 ) 00'
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LICENSED AREA
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LOT 1
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EXHIBIT "A"
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15' P.U.E.
S01'20'2�'
N01'20'26
N: o- •'34 -W
I 17.83'
ENCINO PLAZA
CABINET N. SUDES' 272 -273
15' P.U.E. (W.C.P.R.)
49.74
HOPPE'
S1
ow! RO.l
:NC
20.00' DEDICATED FOR R.O.W. 0.869
TRAIL AC
30' P.U.E.
LOT 2
2.712 A
REPLAT OF LOTS 1,2 d
' CABINET "0 " SUM
(W.C.P.
S07113
6026'1 - -- 4Z7 - DR1
• &• STOI
15 0.35'
15' PULE.
_GOLDEN COI
W 2-A
1.8?5 AO
U. S. INTERREGIONAL HIGH WA
SOUTHBOUND FRONTAGE ONE-WAY TRAF
vARJas)
Front Elevation
SCALE: 112" = 1' -0"
LL
SPECIFICATIONS
5' -0" X 8' -0" MONUMENT SIGNS TO BE FABRICATED
ALUMINUM WITH REQUIRED ANGLE FRAME SYSTEM FOR
STRUCTURAL SUPPORT AND ENAMEL PRIMER AND FINISH.
FACES TO HAVE ROUTED OUT GRAPHICS AND BE BACKED
WITH PIGMENTED ACRYLIC.
INTERNAL ILLUMINATION PROVIDED BY THREE (3) HIGH OUTPUT
FLOURESCENT LAMPS POWERED BY ONE (1) 800 MA
BALLAST. PRIMARY SERVICE FROM SOURCE TO SIGN LOCATION
AND FINAL CONNECTION BY OTHERS.
MONUMENT SIGNS ARE INSTALLED ON ONE (1) STANDARD
STEEL SUPPORT EMBEDDED IN CONCRETE FOUNDATION AS
PER ENGINEER DATA
COLORS:
BACKGROUND PANTONE #3435 C
"ENCINO PLAZA" WHITE
"RESTAURANTS AND HOTELS" WHITE
THREE TREE LOGO & STRIPES PANTONE #454C
Signs of Service Since 1931
EXHIBIT "B"
ALLEN INDUSTRIES, INC" REVISION:
6434 Burnt Poplar Road, Greensboro, NC 27409 :11
(910) 668 -2791 Fax (910) 668 -7875 1- 600 - 967-2553
1135f 49117 Street North, Clearwater, FL 34622 3,
(813)573,3076 Fax (813) 572 -4815 1-800- 677 -3076
Thccan v aaw . t acamd , r
2003 Rutland Road, Austin 7X ua rov ^ cr"l bang am i«
15121815 -n745 gm.. /S101 00 t ..787.58 ____ wrsa w �tlon rore�rot"„n
LL
Signs of Service Since 1931
2-0"
Front Elevation
SCALE: 1/2" =1' -0"
EXHIBIT "C"
SPECIFICATIONS
2' -0" X 4' -0" DIRECTIONAL SIGN TO BE FABRICATED
ALUMINUM WITH REQUIRED ANGLE FRAME SYSTEM F
STRUCTURAL SUPPORT AND ENAMEL PRIMER AND R
FACES TO HAVE ROUTED OUT GRAPHICS AND BE BAC
WITH PIGMENTED ACRYLIC AND INTERNAL ILLUMINAT
PRIMARY SERVICE FROM SOURCE TO SIGN LOCATIOI
AND FINAL CONNECTION BY OTHERS.
DIRECTIONAL SIGNS ARE INSTALLED ON ONE (1) STAP
STEEL SUPPORT EMBEDDED IN CONCRETE FOUNDAT
PER ENGINEER DATA.
COLORS:
BACKGROUND PANTONE #3435 C
"RESTAURANTS AND HOTELS" WHITE
STRIPES PANTONE #454C
ALLEN INDUSTRIES, INC. REVISION:
6434 Burnt Poplar Road, Greensboro, NC 27409
(910) 668 -2791 Fax (910) 668 -7875 1- 800- 967-2553
J
1135149th Street North, Clearwater, FL 34622
(813) 573-3076 Fax (813) 572 -4815 1- 800 - 677 -3076
2003 Rutland Road, Austin, TX 78758 ."It� = = b. �
(512) 835 -8745 Fax (512) 835 -8732 1488-835-2003 Alm arty pan redsered
Date: August 4, 2000
Subject: City Council Meeting — August 10, 2000
Item: 10.A.3. Consider a resolution authorizing the Mayor to execute a License
Agreement for signage and landscaping in the right -of -way for
Encino Plaza Property Owners Association. This License
Agreement grants the owner the right to install and maintain signage
and landscaping in the City's right of way. Applicant: David
Shelton. Staff Resource Person: Joe Vining, Planning Director.
ENCINO PLAZA LICENSE AGREEMENT
w
1 -35
O
r
CHICHOLM TRAI
o
------- SUBJECT
TRACTS
ftOPPF TR
Mayor
Nyle Maxwell
Mayor Pro -ten,
Torn Nielson
Council Members
Alan McGraw
Carrie Pitt
Scot Knight
Isabel Gallahan
Gary Coe
City Manager
I Jlm
Nose
City Attorney
Stephan L Sheets
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
March 24, 2003
Amer J. Hammoud
President, Hainmoud, Inc.
600 Round Rock West Drive #404
Round Rock, Texas 78681
Dear Mr. Hammond:
The City of Round Rock is considering an interpretation of our sign ordinance to
classify Encino Plaza as a large center. The approval of the proposed signage will
trigger compliance with certain provisions of the landscape requirements
contained in the Zoning Ordinance. You would be required to address aesthetic
concerns ba rov diing�lan�dsaa in and screening improvements around the
detention po'n#1 i ed on Lot 3, lock "T and Led f; Brock `A ". The
minimirm landscape screening improvements include detention screening
required by the landscape "development siaMards - 11501(4.b) of the ordinance. .
Staff proposes a tenant sign be permitted after the aforementioned landscaping
improvements are installed. While the height of the existing Bennigan's sign
would not be increased; the location of the tenant sign would provide interstate
visibility for the restaurant. The sign may be located at the south or east side of
Lot 3, Block `B" at a 150' distance from the northeast corner of Lot 3, Block `B ".
(Please refer to attached map.)
Staff recommends that the design of the tenant sign be similar to those currently at
La Frontera with the total sign area at 320 square feet and a maximum height of
45' (forty -five) feet.
You have two options available regarding the timing of construction:
Option 1: Present the landscape plan for approval and have the landscaping
installed prior to the issuance of the sign permit.
CITY OF ROUND ROCK PUNNING AND CoMMunnr DEVELOPMENT DEPARTMENT tot E. Old Settlers Blvd. • Round Rock, Texas 78664
Phone. 552.2,8.5428 • Fax: 512.ui8.7286 • www.cl.round- rock.txus
Option 2: Present the landscape plan for approval and post a bond equal
to 125% of the cost of the landscaping and installation. At that time
we-will issue the permit for sign installation.
Please let me know if you have any questions and which option you prefer. If you
or your landscape architect has any questions regarding landscaping, please
contact Nicole Crutchfield at (512) 341 -3321.
AICP
g and Communi Development
s
MEMORANDUM
TO: Jim Nuse
FROM: Joe Vining
DATE: January 15, 2003
RE: Bennigan's signage proposal
Staff has considered a number of options regarding the possible increase in height
of the existing Bennigan's sign. The sign is located in Encino Plaza on North IH -35.
Since our last meeting, staff has examined our long standing interstate signage
policy and concluded that any changes to the existing ordinance would have an
immediate impact of increased signage along our interstate frontage. Given the
extensive public input received during the General Plan 2000 planning process, the
community spoke clearly of its desire to increase aesthetic appeal in Round Rock.
Specifically the public singled out excessive signage as a clear detractor from any
strategy to beautify the City. Therefore, staff agrees that relaxing the existing
interstate sign ordinance would be in direct conflict with the General Plan.
The development of a Planned Unit Development (PUD) to accommodate increased
signage for the property owner may be an option. However, the property owner
should be prepared to address aesthetic concerns by providing significant
landscaping and screening improvements around the detention ponds located on Lot
3, Block "B" and Lot 1, Block "A ". The minimum landscape screening improvements
include detention screening as required by the landscape development standards,
11.501(4.b) of the ordinance, and landscape beautification around the entrance
monument signs located at each of the Hoppe Trail intersections.
Staff proposes two tenant signs be permitted in exchange for the aforementioned
landscaping improvements. While the height of the existing Bennigan's sign would
not be increased, the location of the tenant sign would provide interstate visibility for
the restaurant. The signs would be located at the southwest comer of Lot 1, Block
"A" and the east side of Lot 3, Block "B" at a 150' distance from the northeast comer
of the property line. (Please refer to attached map.) Staff recommends that the
design of the tenant signs be similar to those currently at La Frontera. The tenant
signs would accommodate the following establishments:
• Bennigan's, Marriott Courtyard, the vacant lot, Springhill Suites, (Interstate).
• Rudy's tenants (Old Settler's Boulevard sign).
In order to facilitate this process, the property owner must work with the other
tenants to enter into the PUD as a unified group. The PUD would stipulate that all
required landscaping be installed prior to the installation of the tenant signs.