R-85-673 - 1/10/1985TEXAS
RESOLUTION NO. (07M
M
WHEREAS, the First United Methodist Church ( "Church ") owns
the property located at 110 South Brown Street, and
WHEREAS, certain improvements on such property overhang and
intrude upon the City's right -of -way on Brown Street, and
WHEREAS, such intrusion has existed for a number of years
and does not presently adversely effect the public's use of such
right -of -way, and
WHEREAS, the Council desires to enter into a License
Agreement whereby such intrusion will be allowed to continue
until such time that the Council determines that the right -of -way
is needed for road expansion or utility purposes, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
That the Mayor of the City of Round Rock is hereby
authorized and directed to execute on behalf of the City, a
License Agreement with the First United Methodist Church, a copy
of such agreement being attached hereto and incorporated herein
for all purposes.
RESOLVED this 10th day of January, 1985.
ATTEST:
JI 'NNE LAND, City Secretary
MIKE ROBINSON, Mayor
City of Round Rock
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
LICENSE AGREEMENT
§
§
THIS AGREEMENT is made and entered into this l/ day of
January, 1985, by and between The City of Round Rock, a Texas
municipal corporation ( "Licensor "), and the Board of Trustees of
the First United Methodist Church located in Round Rock, Texas,
and their successors in office and their assigns ( "Licensee ").
WHEREAS, Licensee owns and occupies certain real property in
Williamson County, Texas, locally known as 110 South Brown Street,
Round Rock, Texas, and being more particularly described by metes
and bounds on Exhibit A attached hereto and incorporated herein
for all purposes (the "Property ");
and
• WHEREAS, certain improvements on the Property overhang and
intrude upon Licensor's right -of -way on Brown Street, a dedicated
public street, as indicated in red on Exhibit B attached hereto
and incorporated herein for all purposes (the "License Parcel ");
WHEREAS, such overhang and intrusions have existed for a
number of years and do not adversely affect the public's use of
said right -of -way, and Licensor has no immediate need for the
License Parcel;
NOW, THEREFORE, for and in consideration of TEN AND NO /100
DOLLARS ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, Licensor
and Licensee hereby agree as follows:
1. Licensor hereby grants and demises unto Licensee the
right to use and maintain the overhang and intrusions on the
License Parcel.
2. The license granted herein shall be revocable by Licensor
only at such time as the City Council of Licensor declares that it
intends to use the License Parcel for the expansion of Brown
Street and /or for the installation of utilities, that such
expansion and /or installation shall occur within the next one (1)
year period, and that the continuation of the overhang and
intrusions upon and over the License Parcel by improvements
located primarily on the Property would be in conflict with such
intended use by Licensor. At such time, Licensor shall give to
Licensee, its successors or assigns, ninety (90) days' written
notice of Licensor's intent to use the License Parcel. Licensee
agrees to remove said overhang and intrusions within ninety (90)
days after receipt of such written notice from Licensor. The
license granted herein shall at all other times and under all
other circumstances be irrevocable.
3. Licensee further agrees to indemnify Licensor against
liability, loss or damage Licensor may suffer as a result of costs
or judgments against Licensor arising out of the existence of the
herein described overhang and intrusions upon and over the License
Parcel, if said liability, loss or damage would not have occurred
had the herein described overhang and intrusions not existed upon
the License Parcel at the time of the occurrence giving rise to
the liability, loss or damage.
4. The license granted herein is assignable by Licensee, its
successors and assigns, without the consent of Licensor, to any
subsequent owner of the Property, or any portion thereof upon
which are located the improvements that overhang over or intrude
into the License Parcel. This Agreement shall be binding upon and
enforceable by the parties hereto, and their respective successors
and assigns.
5. The notice required of Licensor herein shall be in
writing and shall be deemed to have been properly delivered as of
the date such notice is hand delivered to the occupant of the
Property or deposited in the United States Mail, certified or
registered mail, return receipt requested, postage prepaid,
addressed to Occupant, 110 South Brown Street, Round Rock, Texas
78660.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year first above - written.
LICENSOR:
The City of Round Rock
BY: 22 o �.
Its: /?7Ayn2
ATTEST:
-2-
ATTEST:
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
0 141
of
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corpo
This instrument was acknowledged before me on the /f day
, 1985, by p iWzizz lcas ) ,
of The City of Round Rock, a Texas municipal
tion, on behalf of said municipal corporation.
My Commission Expires:
5-Z,4,- 85'
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
My Commission Expires:
i -IA -q
§
§
Round
NOTARY P BLI Sta e of T as
Print Name: f1Na 0"). AI`C1�
§
§
LICENSEE:
The Board of Trustees of the First
United - thodist Church (located in
Round r • k, Texas)
BY: AL //
By: 2c, - f
BY:
By: / 44/
NOT PUBLIC, State of Texas
Print Name: JANE MsPQArnS
This instrument was ac w 1 e... 6 / 7 d befor
1985, by 41_, �/ i / </✓
of ` he Fi _t United Method Church /( oft -. in
-3-
a.a 7), ,�Qc
on the i 2/ day
Trustee
Rock,
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was ackn led b ore me on the /7 day
of 5pw M,o,s'\ , 1985, by , Trustee
of the First United Methodist hurch (loc ted in Round Rock,
Texas).
My Commission Expires:
S17
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowl dged befo'r�e me on the /7 day
of- , 1985, by 4 /Fns J. ,(14R , Trustee
of the First United Methodist C urch (located in Round Rock,
Texas).
My Commission Expires:
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on the /7 day
. -
u , 1985, by RE;becc N- rtrtrr . , Trustee
of the r rs United Methodist Church (located in Round Rock,
Texas).
My Corwi_ssion Expires:
/- -g7
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
_This instrument was acknowledged before me on the /,7 day
of�l llnu(,th f j , 1985, by B&•7) A• 2 , Trustee
of the Fir United Methodist Church (located in Round Rock,
Texas).
My Commission Expires:
/ - /a- Sl
s.il:L.- 3,9,21
§
§
§
NOTARY PUBLIC, State of Texas
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Print Name: nnck, b . r - e e
(A). ,t Awl.
NOTARY PUBLIC, State of T as
Print Name: ;Dtmna (5). (-rip
((� nMM2 (A). e.lA
NOTAR PUBLIC, State of Te as
Print Name: l)nnnn Li') P
NOTARY PUBLIC, State of T xas
Print Name: "Drn"n, l,)_
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
My Commission Expires:
I - 97
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
My Commissicti Expires:
L1R 7
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
My Commission Expires:
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
§
§
§
This instrument was acknowledged before me on the /7 day
of 1985, by jE }?,ryq,Qp ,(Er , Trustee
of the F4 t nited Methodist Church (located in Round Rock,
Texas).
§
�( 01 141.4 W . .. J (u r1 A
NOTARY PUBLIC State of T as
Print Name: J hnn0 ( A), ( y-}e
This instrument was acknowledged before me on the /7 day
of J(]nt(a1J , 1985, by D m{ - L, &JG.fS , Trustee
of the Firl& United Methodist Church (located in Round Rock,
Texas).
§
§
(1 (1). 2 c ,Lt
NOT LI State of T as
n
Print Name: nx L o. ( `Y?rC�F
This instrument was acknowledged before me on the / 7 day
of 1985, by 7r; ma P,,Q ✓ ,� 4 , Trustee
of the - 'i.rst United Methodist Church (located in Round Rock,
Texas).
A Ydm44rI U).
NOTARY PUBLIC State of Texas Print Name: 1 ^M.
__This instrument was ackw owledged be ore me on the day
o
(Mint 1985, by C tedlt ,n (`4{ce)r) , Trustee
of the Firs United Methodist Chu (located in Round Rock,
Texas).
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NOTARY PURL Sta e o TexAs
My E x / A r e s : Comm,ission Print Name: c1 fi{1(k