R-79-245 - 10/11/1979RESOLUTION NO.
WHEREAS, the City Council of the City'of Round Rock seeks to provide for the
recreation and leisure needs of all the citizens of Round Rock, and
WHEREAS the City of Round Rock coordinates efforts from various groups and
individuals in providing for the recreation and leisure needs of all the citizens
of Round Rock, and
WHEREAS McNeilab, Inc. has recently established a manufacturing center in the
City of Round Rock, and has donated approximately 14 acres of land, complete with
recreational facilities, to be known as the Henry S. McNeil Community Park, to the
City of Round Rock for the enjoyment and benefit of all the citizens of Round Rock, and
WHEREAS the City Council of the City of Round Rock wishes to enter into an
agreement with McNeilab, Inc. for certain uses of the Henry S. McNeil Community Park,
as specified in Exhibit "A" hereto attached, Now THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT
The Mayor of the City of Round Rock, Texas is hereby authorized and directed to
execute on behalf of the City Council, an agreement as specified in Exhibit "A"
attached hereto and incorporated herein for all purposes.
Resolved this /1 day of Oat/ , 1979.
I //1..
L L. TONN, Mayor
City of Round Rock, Texas
Exhibit "A"
An agreement between the City of Round Rock and McNeilab, Inc. Concerning
certain uses of Henry S. McNeil Community Park as follows:
1. All policies, rules and regulations administered by the City of
Round Rock shall be applicable to Henry S. McNeil Community Park,
except as otherwise noted in this agreement.
2. The City shall close the Park to the public at 11:00 p.m., Monday
through Sunday. The City and McNeilab, INc. shall
coordinate opening and closing operations.
3. The City shall coordinate use of the pavilion /picnic area, tennis,
courts, softball field and other park amenities as needed with McNeilab,
Inc. so that McNeilab, Inc, may host their special 'recreational events.
4. The City shall waive all user fees to McNeilab, Inc. however, McNeilab,
Inc. shall be subject to all deposits routinely required for facility use
5. The terms of this agreement shall be in effect as long as Henry S.
McNeil Community Park is maintained and operated by the City of Round
Rock. Term(s) of this agreement are subject to change upon the
written consent of the City of Round Rock and McNeilab, Inc.
DEED FOR COMMUNITY PARK
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
THAT McNeilab, Inc., formerly known as McNeil Laboratories,
'Inc., a corporation organized under the laws of the State of
Pennsylvania, for and in consideration of its' appreciation of the
citizens of the City of Round Rock, Texas, has granted and conveyed,
and by these presents does grant and convey unto thg City of Round
Rock, Texas, with the restrictions and upon the covenants set forth
below, all of the following described real property in Williamson .
County, Texas, for the use and benefit of the City of Round Rock
and its citizens and for the purpose of providing a community park
and recreation area, all of the following described parcel of land
in Williamson County, Texas, to -wit:
A 14.064 acre tract or parcel of land out of
the Ephriam Evans Survey, Abstract No. 212,
situated in Williamson County, Texas, being
out of that certain 38.58 acre tract conveyed
to McNeil Laboratories, Inc., by Warranty Deed
recorded in Volume 657, Page 655 of the Deed
Records of Williamson County, Texas, together
with all improvements thereon, said 14.064
acres being more particularly described by
metes and bounds in Exhibit "A" attached hereto
and made a part hereof for all purposes.
TO HAVE AND TO HOLD the above described premises, unto said
City of Round Rock, its successors and assigns, so long as a commun-
ity park and recreation area is maintained upon the property in
accordance with the restrictions and covenants below.
This conveyance is made and accepted upon the following
restrictions and covenants, herein made by said City of Round Rock:
1. The community park and recreation area shall be known
as and called, The Henry S. McNeil Community Park."
2. The property shall be occupied and used solely for
and as a community park and recreation area, and shall at all times
be maintained and operated by the City of Round Rock, its successors
or assigns, in an attractive, safe, well - maintained condition,
including all repairs and replacements necessary with respect to
the improvements presently situated on the property (including the
fence along the north boundary thereof) and all future
improvements and appropriate security and police supervision' and '
patrols during all times (including evening and night hours,
holidays and weekends).
3. No mass gatherings, no loud noises (such as a "rock
festival "), no glaring, flashing or bright lights, and no noxious
or offensive activity shall be carried on or allowed on the prop-
erty, nor shall anything be done thereon which may be or become
an annoyance or nuisance to the land owned by Grantor adjoining
the above described property (such land being described fully in
deeds recorded in Volume 657, Page 659, and Volume 657, Page 655,
of the Deed Records of Williamson County, Texas and referred to
herein as the "Adjoining Land ").
r
4. No structures of a height greater than twenty -five (25) fe
or with ground floor area greater than eight hundred (800) square feet
other than the improvements presently situated on the property, shall
be constructed or maintained on the property without the prior
approval of Grantor, its successors or assigns.
5. If the use of the above described property as a commun-
ity park and recreation area shall cease for a period of ninety (90)
consecutive days, or if any of the other restrictions and covenants
shall be violated and such violation continues following thirty (30)
days written notice thereof to the City of Round Rock, then and in
any such event this conveyance shall be null and void and the above
described property shall wholly and absolutely revert without any
necessity for suit or reentry to the Grantor herein, its succes-
sors or assigns; and no act or omission on the part of any of
them shall be a waiver of the operation or enforcement of such
condition.
Such restrictions and covenants shall be binding upon and
observed by the City of Round Rock, its successors and assigns,
and shall run in favor of the Adjoining Land, and shall be enforce-
able only by Grantor, but not by its successors as owners of the
Adjoining Land or any portion thereof unless Grantor shall in the
conveyance of any portion of the Adjoining Land, expressly assign
to the Grantee therein the right to enforce the provisions hereof.
6. Notwithstanding the foregoing, it is further agreed
that the restrictions and covenants set forth herein may be waived
or terminated; that any such waiver or termination may be of any
kind or character whatsoever, including but not limited to a waiver
or termination with respect to any portion of the above described
property, any specified present or future owner of any portion of
such property, or any specified use of any portion of such prop-
erty, and may be limited or unlimited in time and may be subject
to conditions therein expressed; and that any such waiver or term-
ination shall not affect or impair the effectiveness of these re-
strictions and covenants beyond the specific terms of such waiver
or termination. Any such termination or waiver may be effected
only by written instrument, executed and acknowledged by all persons
who, at the date thereof, shall have the right to enforce such re-
strictions under the terms of paragraph 5 hereof, such instrument
being recorded in the Deed Records of Williamson County, Texas.
This conveyance is made and accepted subject to all restric-
tions, covenant, conditions, easements and encumbrances (if any)
presently existi.,g with respect to the above described property
and either of record in Williamson County, Texas, or apparent on
the property.
EXECUTED to be effective this
ATTEST: BY:
Secretary
McNEILAB, INC.
Its
day of , 1979.
THE STATE OF §
COUNTY OF §
BEFORE ME, the undersigned authority, on this day
personally appeared
of McNEILAB, INC., a corporation, known to me to he the person
whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes
and consideration therein expressed, in the capacity therein
stated and as the act and deed of said corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this the
day of , 1979.
-4-
Notary Public in and for
County,
FIELD NOTES FOR MCNEIL PARK SITE
Field Notes describing a 14.064 acre tract or parcel of land out
of the Ephriam Evans Survey, Abstract No. 212, situated in Williamson
County, Texas, being out of that certain 38.58 acre tract conveyed
to McNeil Laboratories, Inc., by Warranty Deed recorded in Volume
657, Page 655 of the Deed Records of Williamson County, Texas; said
14.064 acres being more particularly described by metes and bounds
as follows:
BEGINNING at an iron pin found in the East right -of -way line of
Interstate Highway No. 35, being the most Westerly corner of said
38.58 acre tract and the most Westerly corner of the hereinafter
described 14.064 tract of land;
THENCE along said East riyht -of -way line, a West line hereof,
N01 °04'10 "W, 547.98 feet to an iron pin set for the most Northerly
corner hereof;
THENCE along the North and East lines hereof, the following six (6)
courses: 1) S80 °50'E, 173.46 feet to an iron pin set for an angle
point hereof; 2) S51 °10'E, 172.71 feet to an iron pin set for an
angle point hereof; 3) N76 °25'E, 171.83 feet to an iron pin set for
an ell corner hereof; 4) S33 °52'E, 639.14 feet to an iron pin set
for an ell corner hereof; 5) N65 ° 00'E, 232.00 feet to an ell corner
hereof; 6) S25 °00'E, 368.08 feet to an iron pin set under a fence
in the South line of said 30.58 acre tract for the Southeast corner
hereof;
THENCE along said South line, as fenced, the South line hereof, the
following four (4) courses: 1) S70 °29'20 "W, 104.94 feet to an iron
pin found at a fence corner for an angle point hereofd 2) S68 °46'15 "W,
171.29 feet to an iron pin found at a fence corner for an angle
point hereof; 3) S64 ° 47'40 "W, 101.50 feet to an iron pin found at
a fence corner for an angle point hereof; 4) S57 °56'50 "W, 130.16
feet to an iron pin found at a fence corner for the most Southerly
corner hereof;
THENCE N37 °12'15 "W, 204.52 feet to the center of a Sewer Manhole
for an angle point hereof;
THENCE along the centerline of said Sewerline N59 ° 26'20 "W, 633.85
feet to the•center of a Sewer Manhole for an angle point hereof;
THENCE N54 ° 57'30 "W, 66.41 feet to the Point of Beginning of the
herein described tract of land, containing 14.064 acres of land
more or less.
I, Timothy E. Haynie, A REGISTERED PROFESSIONAL ENGINEER, do hereby
certify that these field notes accurately represent the results of
an on- the - ground survey made under my direction and supervision on
the 25th day of April, 1979. All corners located are as shown.
There are no encroachments, conflicts or protrusions apparent on
the ground except as shown.
HAYNIE & KALLMAN, INC.
•
, � ___ Timoth Haynie
r1M0TfiY_ E_ HAYNQIr Professional Engineer No. 36982
¶.o` 36982 .1:7
P , onAL
Date
- -79
• :.,5KETC/ -/ TO ACCOMPANY:,
E /ELQ NOTES
SC.gLE . / •• = 200 •
IH 35
PReRAR E, BY:
Haynie & Kallman Inc.
CONSULTING ENGINEER._
2115 North Mays
Round Rock, Texas 7666-
(512) 255 -4564, 255 -595E
VOL 778PAGE 330 DEED FOR COMiMUNITY PARK
THE STATE OF TEXAS §
§ " MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
THAT McNeilab, Inc., formerly known as McNeil Laboratories,
Inc., a corporation organized under the laws of the State of
Pennsylvania, for and in consideration of its appreciation of the
citizens of the City of Round Rock, Texas, has granted any c_n, eyed,
and by these presents does grant and convey unto the City of Round
Rock, Texas, with the restrictions and upon the covenants set forth
below, all of the following described real property in Williamson
County, Texas, for the use and benefit of the City of Round Rock
and its citizens and for the purpose of providing a community park
and recreation area, all of the following described parcel of land
in Williamson County, Texas, to -wit:
3408
A 14.064 acre tract or parcel of land out of,-
the Ephriam Evans Survey, Abstract No. 212,
situated in Williamson County, Texas, being -
out of that certain 38.58 acre tract conveyed
to McNeil Laboratories, Inc., by Warranty Deed
recorded in Volume 657, Page 655 of the Deed
Records of Williamson County, Texas, together
with all improvements thereon, said 14.064 '
acres being more particularly described by
metes and bounds in Exhibit "A" attached hereto
and made a part hereof for all purposes.
TO HAVE AND TO HOLD the above described premises, unto said
City of Round Rock, its successors and assigns, so long as a commun-
ity park and recreation area is maintained upon the property in
accordance with the restrictions and covenants below.
This conveyance is made and accepted upon the following
restrictions and covenants, herein made by said City of Round Rock:
1. The community park and recreation area shall be known
as and called, "The Henry S. McNeil Community Park."
2. The property shall be occupied and used solely for
and as a ccm.: park and rccraot.ion a.rca, and shall at all
be maintained and operated by the City of Round Rock, its successors
or assigns, in an attractive, safe, well-maintained condition,
including all repairs and replacements necessary with respect to
the improvements presently situated on the property (including the
fence along the north boundary thereof) and all future
-2-
VQ. 778PMGE 331
improvements and appropriate security and police supervision and
patrols during all times (including evening and night hours,
holidays and weekends).
3. No mass gatherings, no loud noises (such as a "rock
festival "), no glaring, flashing or bright lights, and no noxious
or offensive activity shall be carried on or allowed on the prop-
erty, nor shall anything be done thereon which may be or become
an annoyance or nuisance to the land owned by Grantor adjoining
the above described property (such land being described fully in
deeds recorded in Volume 657, Page 659, and Volume 657, Page 655,
of the Deed Records of Williamson County, Texas and referred to
herein as the "Adjoining Land ").
4. No structures of a height greater than twenty -five (25) feet
or with ground floor area greater than eight hundred (800) square feet,
other than the improvements presently situated on the property, shall
be constructed or maintained on the property without the prior
approval of Grantor, its successors or assigns.
5. If the use of the above described property as a commun-
ity park and recreation area shall cease for a period of ninety (90)
consecutive days, or if any of the other restrictions and covenants
shall be violated and such violation continues following thirty (30)
days written notice thereof to the City of Round Rock, then and in
any such event this conveyance shall be null and void and the above
described property shall wholly and absolutely revert without any
necessity for suit or reentry to the Grantor herein, its succes-
sors or assigns; and no act or omission on the part of any of
them shall be a waiver of the operation or enforcement of such
condition.
Such restrictions and covenants shall be binding upon and
observed by the City of Round Rock, its successors and assigns,
and shall run in favor of the Adjoining Land, and shall be enforce-
able only by Grantor, but not by its successors as owners of the
Adjoining Land or any portion thereof unless Grantor shall in the
conveyance of any portion of the Adjoining Land, expressly assign
to the Grantee therein the right to enforce the provisions hereof.
VOL 778PAGE 332
6. Notwithstanding the foregoing, it is further agreed
that the restrictions and covenants set forth herein may be waived
or terminated; that any such waiver or termination may be of any
kind or character whatsoever, including but not limited to a waiver
or termination with respect to any portion of the above described
property, any specified present or future owner of any portion of
such property, or any specified use of any portion of such prop-
erty, and may be limited or unlimited in time and may be subject
to conditions therein expressed; and that any such waiver or term-
ination shall not affect or impair the effectiveness of these re-
strictions and covenants beyond the specific terms of such waiver
or termination. Any such termination or waiver may be effected
only by written instrument, executed and acknowledged by all persons
who, at the date thereof, shall have the right to enforce such re-
strictions under the terms of paragraph 5 hereof, such instrument
being recorded in the Deed Records of Williamson County, Texas.
This conveyance is made and accepted subject to all restric-
tions, covenants, conditions, easements and encumbrances (if any)
presently existing with respect to the above described property
and either of record in Williamson County, Texas, or apparent on
the property.
EXECUTED to be effective this 8 day of October , 1979.
NO SEAL
ATTEST: BY:
iteatbega R. S. Larsen
McNEILAB, INC.
Its .Vice President
THE STATE OF Pa. §
COUNTY OF Montgomery
BEFORE ME, the undersigned authority, on this day
personally appeared
VOL 778pAGE 333
W. K. Nelson , Vice President
of McNEILAB, INC., a corporation, 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 purposes
and consideration therein expressed, in the capacity therein
stated and as the act and deed of said corporation.
c�
// GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this the
2 /C/t day of , 1979.
t
Notary y Pu lic in and for:, .
County,
-4-
MARILYN MICOLETTI, Notary Puplie,
Whitomarsh Twp., Montgomer•Co.
My Commission Expires•Oct. 11.'190
'YGL ! l8rAGE 334 • • 1 /--/ 7-- ,4
FIELD NOTES FOR McNEIL PARK SITE
Field Notes describing a 14.064 acre tract or parcel of land out
of the Ephriam Evans Survey, Abstract No. 212, situated in Williamson
County, Texas, being out of that certain 38.58 acre tract conveyed
to McNeil Laboratories, Inc., by Warranty Deed recorded in Volume
657, Page 655 of the Deed Records of Williamson County, Texas; said
14.064 acres being more particularly described by metes and bounds
as follows:
{
BEGINNING at an iron pin found in the East right -of -way line of
Interstate Highway No. 35, being the most Westerly corner of said
38.58 acre tract and the most Westerly corner of the hereinafter
described 14.064 tract of land;
THENCE along said East right -of -way line, a West line hereof,
N01 °04'10 "W, 547.98 feet to an iron pin set for the most Northerly
corner hereof;
THENCE along the North and East lines hereof, the following six (6)
courses: 1) S80 °50'E, 173.46 feet to an iron pin set for an angle
point hereof; 2) S51 °10'E, 172.71 feet to an iron pin set for an
angle point hereof; 3) N76 °25'E, 171.83 feet to an iron pin set for
an ell corner hereof; 4) S33 °52 639.14 feet to an iron pin set
for an ell corner hereof; 5) N65 °00'E, 232.00 feet to an ell corner
hereof; 6) S25 °00'E, 368.08 feet to an iron pin set under a fence
in the South line of said 30.58 acre tract for the Southeast corner
hereof;
THENCE along said South line, as fenced, the South line hereof, the
following four (4) courses: 1) S70 °29'20 "W, 104.94 feet to an iron
pin found at a fence corner for an angle point hereof; 2) S68 °46'15 "W,
171.29 feet to an iron pin found at a fence corner for an angle
point hereof; 3) 564 °47'40 "W, 101.50 feet to an iron pin found at
a:fence corner for an angle point hereof; 4) 557 °56'50 "W, 130.16
feet to an iron pin found at a fence corner for the most Southerly
corner hereof;
THENCE N37 °12'15 "W, 204.52 feet to the center of a Sewer Manhole
for an angle point hereof;
THENCE along the centerline of said Sewerline N59 °26'20 "W, 633.85
feet to the center of a Sewer Manhole for an angle point hereof;
THENCE N54 °57'30 "W, 66.41 feet to the Point of Beginning of the
herein described tract of land, containing 14.064 acres of land
more or less.
I, Timothy E. Haynie, A REGISTERED PROFESSIONAL ENGINEER, do hereby
certify that these field notes accurately represent the results of
an on- the - ground survey made under my direction and supervision on
the 25th day of April, 1979. All corners located are as shown.
There are no encroachments, conflicts or protrusions apparent on
the ground except as shown.
�e• OF j elf
s y�P " "• t e
6IMOTIIY . NAYNIE S
'off 36982 a
HAYNIE & KALLMAN, INC.
T
Timothy E. Haynie
Professional Engineer No. 36982
Date
4— °z, — -79
• 5 Cv*<C 5) 3 4 0
FILED FOR MOO
m
NOV 28 1979
JAMES N. OY LJSTQN
Clerl Cll., Tex.
By.. autio-Deppty
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SK,ETC 7 TO ACC40 MPANY
F /ELO NOTES
ZN 3S
SCALE: / " 2cO
PREP.402EL, BY:
Haynie & Kallman Inc.
lL o CONSULTING ENGINEERS
2115 North Mays
Round Rock , Texas 78664
(512) 255 -4564, 255-5955