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R-86-855 - 4/24/1986WHEREAS, M. W. & S. Joint Venture owns the property located at 309 East Main Street, and WHEREAS, right -of -way WHEREAS, the public's M. W. & S. desires to use a portion of the City's on Main Street for an on- premises sign, and such proposed use would not presently adversely affect use of such right -of -way, and WHEREAS, the Council desires to enter into a License Agreement whereby such sign will be allowed to exist until such time that the Council determines that the right -of -way is needed for road expansion or utility purposes, Now Therefore That the Mayor is hereby authorized and directed to execute on behalf of the City, a License Agreement with M. W. & S. Joint Venture, a copy of such agreement being attached hereto and incorporated herein for all purposes. ATTEST: MWSRESO BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, RESOLVED this oC T day of nne Land, City Secretary RESOLUTION NO. Ps,55 . , 1986. MIRE ROBINSON, Mayor Austin Office: 810Unitcd BankTowcr 400 Nest 16th Street Austln,Tcxos 78701 512/477 -6774 Garry Mates Ed Wcndlcr, Sr. Oavid Brooks Ken Manning Sluurm Warner Craig Hoffman Swn Kelley. Rafael QuIntunillu, Jr. Legal Assfstonts Miguel "Mlkc" Guerrero Ihud Ilarris Jack Harzke City Manager 214 East Main Round Rock, Texas 78664 Dear Jack: SLS /jm enclosure Mauro, Wandler, Sheets & Associates Attorneys at Law April 4, 1986 Re: License Agreement for on -site sign Round Rock Office: 800 East Main Street Round Rock,Tixas 78664 512/256-8877 Stephan L Sheets Wayne Porter Kevin Henderson Enclosed please find a License Agreement and proposed resolution approving same. The License Agreement allows for the use for sign purposes of a small portion of the unused right -of -way in front of my new office at 309 E. Main. I have discussed this matter with Mayor Robinson and he is agreeable with placing this item on the Council's agenda for its consideration. I would appreciate it if this item could be placed on the April 10th agenda. Please call if you have any questions concerning this matter. Sincerely, Stephan L. Sheets LICENSE AGREEMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON qq/,// TH S AGREEMENT is made and entered into this o(Y day of tai , 1986, by and between the City of Round ock, a Texas municipal corporation (Licensor), and M. W. & S. Joint Venture, its successors and assigns (Licensee). RECITALS WHEREAS, Licensee owns and occupies certain real property in Round Rock, Williamson County, 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, Licensee has recently restored a sixty -five year old house on the Property for use as a law office; and WHEREAS, there is approximately thirty -five feet (35') of unused street right -of -way for use as an on- premises sign as indicated on Exhibit "B ", attached hereto and incorporated herein for all purposes (the "License Parcel "); and WHEREAS, such sign would 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 an on- premise sign on the License Parcel. 2. The license granted herein shall be revocable by Licensor at such time as the City Council of Licensor declares that it intends to use the License Parcel for the expansion of Main'Street and /or for the installation of utilities, and that the continuation of the on- premise sign upon the License Parcel would be in conflict with such intended use by Licensor. At such time, Licensor shall give to Licensee, its successors or assigns, sixty (60) days written notice of Licensor's intent to use the License Parcel. Licensee agrees to remove said sign within sixty (60) days after receipt of such written notice from Licensor. 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 sign upon the License Parcel, if said liability, loss or damage would not have occurred had the herein described sign 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. This Agreement shall be binding upon and enforceable by the parties hereto, and their respective successors and assigns. 5. This license, until its expiration or revocation, shall run with title to the above described real property, and the terms and conditions hereof shall be binding on any subsequent owners or holders thereof. Licensee shall cause any immediate successors in interest to have factual notice of this license agreement. 6. This license shall expire automatically upon removal of the improvements located on the property pursuant to this license, and shall expire as to any portion of said improvements upon the removal, whether or not all of the proposed improvements are removed. 7. Neither the granting of this license, nor of any related permit, constitutes an abandonment by the Licensor of its property, easement or easements, or any other rights in and to the above described property. Licensee expressly stipulating and agreeing by Licensee' acceptance of this license that Licensee neither asserts nor claims any interest or right of any type or nature whatsoever, either legai, equitable or otherwise in and to Licensor's property. 8. The notice required 'of writing and shall be deemed to have of the date such notice is hand del Property or deposited in the Uni registered mail, return receipt addressed to Occupant, 309 East Mai 78664. IN WITNESS WHEREOF,, the parties hereto have executed this agreement on the day and year first above - written. ATTEST: Licensor herein shall be in been properly delivered as ivered to the occupant of the ted States Mail, certified or requested, postage prepaid, n Street, Round Rock, Texas LICENSOR: ■ The City of Round Rock, Texas J.I'NNE LAND, ity Secretary MIKE ROBINSON, Mayor STATE OF TEXAS COUNTY OF WILLIAMSON STATE OF TEXAS COUNTY OF WILLIAMSON DLW /jmb 4/24/86 Multi -Mate Program Titled: Licenseagree LICENSEE: M. W. & S. Joint V nture 4 010 dlairil STEPH• L. SHEETS, Manag ng Partner This ins rument was a kno ledged before me, a notary public, this A41 day of 4..a. , 1986, by Mike Robinson, Mayor of th City of Round Rock, a Texas municipal corporation, on behalf of said corporation. Notary (,P'ublic, State of Texas (Printed Name) Commission Expires: MARAGARET 0. GILL Notary Pub lac„ State of lens My Commissmn Expires 2-04.90 This Instrument was akno"�ledged before me, a notary public, this L day of , 1986, by Stephan L. Sheets, managing pa ner of M. W. 8 S. Joint Venture, on behalf of said joint venture. Notary( ublic, State of Texas (Printed Name) Commission Expires: EXHIBIT "B" BEING all that certain tract or parcel of land lying and being situated in Williamson County, Round Rock, Texas, being all of Lots 1, 2, 3, 17, 18 and 19 and the most Eastern nine feet (9.0') of Lot 4, Block 11, ROUND ROCK SUBDIVISION, a subdivision as recorded in Volume 25, Page 314, of the Deed Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin set in the South right -of -way line of Main Street, said point being the common corner of Lot 16 and Lot 17, Block 11, Round Rock Subdivision; THENCE North 72 degrees 35 minutes East, 90.00 feet, with the South line of Main Street and the North line of Lots 17, 18, and 19 to an iron pin set at the intersection of the South line of Main Street and the West line of Burnett Street; THENCE South 17 degrees 25 minutes East, 270.00 feet, with the West line of Burnett Street, and the East line of Lot 19 and Lot 1, at 125.00 feet, passing a twenty foot (20') vacated alley to a point marking the Southeast corner of Lot 1, said point being in the North line of Bagdad Road; THENCE South 72 degrees 35 minutes West, 90.00 feet, with the North line of Bagdad Road and the South line of Lots 1, 2, 3 and 4, to a point located nine feet (9.0') from the Southeast corner of Lot 4; THENCE North 17 degrees 25 minutes West, 270.00 feet, on, over and across said Lot 4, and with the common division line of Lot 16 and 17, to the POINT OF BEGINNING. EXHIBIT "A" UTILITY POLE 65.0' CL LOT 17 LANDSCAPE BED 52.0 10.0[ WINDOW 1 _ 4.0 COM. N ALLEY VACATED VOL. 371 PG. 572 - 573 5.0' SIGN 16.0 12, 1 /' /' / I\ I LB!_1. /\ 1 d MAIN STREET LOT i / � SITE PLAN PROPOSED SIGN LOCATION Mauro Wendler & Sheets, 305 E. Main Street. Round Rock EXHIBIT "B"