Loading...
R-87-1044 - 9/10/1987Lease of Pr { ses for Highwa poses at Round Rl Texas THIS AGREEMENT, made and entered into as of the 1st day of March, 1987, by and between MISSOURI PACIFIC RAILROAD COMPANY, a Utah corporation (hereinafter the Lessor), and THE CITY OF ROUND ROCK, TEXAS, a Municipal corporation of the State of Texas (here- inafter the Lessee), WITNESSETH: IT IS MUTUALLY COVENANTED AND AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Section 1. LEASE; TERM. The Lessor hereby leases to the Lessee for a term of twenty -five (25) years effective as of the date first herein written, unless sooner terminated in accordance with the terms hereof, the premises shown shaded yellow on the print dated February 4, 1987, marked Exhibit A, hereto attached. puu 10/74 hew CQ 411- l� %d 25 yr ll /t�''" DUPLICATE ORIGINAL. LESSEES Copy Audit No.: 1248 -60 �� QN1 e kah,v( A /1/ e r K of ! .L —e 5e /a3 re -etn -e.'. f a r yod� Jje7 RESOLUTION NO. /944 WHEREAS, it is necessary for the City of Round Rock to use railroad right -of -way to construct McNeil Road Phase II, and WHEREAS, the City of Round Rock has received an agreement from the Missouri - Pacific /Union- Pacific Railroad' on this date, and . i L WHEREAS, it is in the public interest, health, safety, and welfare for the City of Round Rock to proceed expeditiously with the project, NOW THEREFORE TEXAS ATTEST: BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, That the Mayor be and is hereby authorized and directed to execute an agreement with Missouri - Pacific /Union - Pacific Railroad granting the City of Round Rock permission to construct McNeil Road Phase II on railroad right -of -way. RESOLVED this 10th day of September /I1/Y1.(7 hi Jill NE LAND, City Secretary , 1987. MIKE ROBINSON, Mayor City of Round Rock, Texas 48 02 6028 ACCOUNT'NO:: • *A' DESCRIPTIONt-18 •,, • G R OSEZ : • ■ Lease LA-33789-ROW- MOPAC RR DETACH BEFORE DEPOSITING 2,330.00 , ' '• ' 0.00 - .■11 1 1. 1 111111, ' 2,330.00 • TH ET FACE: OF: ISi'DOCUNI ENTi HAS:A BACKG ROU N CHONY ITE;PAP ERf• •"' • ; • 4 " 214 E.,MAitsl ST. ; ROUND 'ROCK TEXAS 78664 , " • • TH Rti1,1 NU' ROC K DATE , '•• , CHECK NO AMOUNT .. • • • • ' • CCS claMW2",(Tav No 004078'1 ' 11/04/87 4078 $2,330.00 „ • ....,206D W171.1 , PROUD HERITAGE • ' TO THE ORDER OF Missouri Pacific Railroad Company ROUND ROCK- . CITY or- 2 6,0 • - cc ""- omi THE.BACK DOCUMENT 'CONTAINS, AN ARTIFICIAL WATERMARK: — HOLD AT •AN ANGLE TO VIEW P0OL,07Ele 1:3 L49706511: " ROUE • 10 408 0027810 • , , „ : • CK CAPRAyR FUND ••• 6 1111 • a LEASE SUPPLEMENT DUPUCATE ORkIINAI.•- RAILROAD COPY Audit No. LA -33789 Folder No. 1248 -60 THIS SUPPLEMENTAL AGREEMENT is made as of the 10th day of September, 1987, by and between MISSOURI PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the Lessor), and THE CITY OF ROUND ROCK, TEXAS, a Municipal corporation of the State of Texas, of 214 E. Main Street Round Rock, Texas 78664 (hereinafter the Lessee). RECITALS: By lease dated March 1,. 1987, identified in the records of the Lessor as Agreement No. LA -33789 (herein called "Original Agreement "), the Lessor is leasing to the Lessee certain premises at Round Rock, Texas. follows: The parties now desire to modify the Original Agreement to provide for the addition of 8.47 acres of property. AGREEMENT: Lease Supplement Fbrm App. 8/86 AVP I al,' NOW, THEREFORE, IT IS AGREED by and between the parties hereto as Section 1. INCREASE IN RENTAL. Effective as of September 10, 1987 the Lessee agrees to pay to the Lessor as rental for the use of the leased premises as shown on Exhibit B the sum of TWO THOUSAND THREE HUNDRED THIRTY DOLLARS ($2,330.00) for the term of the Lease. Section 2. ADDITION OF PRINT Print dated June 19, 1987, attached hereto as Exhibit "B" shall be and hereby is included as an exhibit to the Original Agreement, and from and after the effective date herein the premises shown on the print attached hereto and dated June 19, 1987 shall be, and hereby are, fixed as part of the premises of the Lessor leased to the Lessee under the Original Agreement. Section 3. PROTECTION OF FIBER OPTIC CABLE SYSTEMS The following is hereby made a part of the Original Agreement: (a) Fiber optic cable systems may be buried on the Lessor's property. Lessee shall telephone the Lessor at 1- 800 - 336 -9193 (a 24 -hour number) to determine if fiber optic cable is buried anywhere on the Lessor's premises to be used by the Lessee. If it is, Lessee will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Lessor's premises. 1 (b) In addition to the liability terms elsewhere in this Agreement, the Lessee shall indemnify and hold the Lessor harmless against and from all cost, liability, and expense whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of the Lessee, its contractor, agents and /or employees, that causes or in any way or degree contributed to (1) any damage to or destruction of any telecommunications system by the Lessee, and /or its contractor, agents and /or employees, on Lessor's property, (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and /or its contractor, agents and /or employees, on Lessor's property, and/or its contractor, agents and /or employees, on Lessor's property, and /or (3) any claim or cause of action for alleged loss of profits or revenue by, or Loss of service by a customer or user of, such telecommunication company(ies). Section 4. EFFECTIVE DATE This Supplemental Agreement shall be effective as of the date first hereinabove written. Section 5. TERM. The Original Agreement, as hereby modified, shall remain in full force and effect, subject to termination as provided therein. IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Agreement to be executed, in duplicate, as of the day and year first hereinabove written. Witness: Witness: . r103 MCKI f9 • JAKTRO VA.11.14t t0 Lease Supplement Form App. 8/86 AVP Law MISSOURI PACIFIC RAILROAD COMPANY By General Director -Real Estate THE CITY OF ROUND ROCK, TEXAS X 31, Mayor 2 WHEREAS, MISSOURI PACIFIC RAILROAD COMPANY (hereinafter called Railroad Company) has tendered to the CITY OF ROUND ROCK, STATE OF TEXAS, (hereinafter called City) a lease for highway purposes, at Round Rock, Texas, identified in the Railroad Company's records as Audit No. LA- 33789; and WHEREAS, the Council of said City has said proposed agreement before it and has given it careful review and consideration; and WHEREAS, it is considered that the best interests of said City will be subserved by the acceptance of said agreement; THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK: That the terms of the agreement submitted by the Railroad Company as aforesaid be, and the same are hereby, accepted in behalf of said City; That the Mayor of said City is hereby authorized, empowered, and directed to execute said agreement on behalf of said City and that the City Clerk of said City is hereby authorized and directed to attest said agreement and to attach to each duplicate original of said agreement a certified copy of this Resolution. STATE OF TEXAS )ss COUNTY OF WILLIAMSON) RESOLUTION IpJ firti�F©�� , City Clerk of said City hereby certify that th above and foregoing is a true, full and correct copy of a resolution adopted by the Cowell of said Cit at a meeting held according to law at said City on the /Q day of � pj , 19 P7 , as the same appears on file and of record in this offi e. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City, this h7 day of , 19.1 . C ty Clerk of the City of Round Rock State of Texas DATE: September 8, 1987 SUBJECT: Council Agenda, September 10, 1987 ITEM: 13.G. Consider a resolution authorizing the Mayor to enter into an agreement with Union Pacific Railroad for right -of -way for the McNeil Road Phase II Project. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: Approval of the resolution. BACKGROUND AND ECONOMIC IMPACT: This right -of -way is necessary to complete the McNeil Road Phase II Project. To .l roANVt -e /�a • • subject Ma Pa /l ll I /0cA ei l TYaX 17 4 Pose .1 wr, g Date 1/ /z/ I 0 19Y7 lit ACk eo�l /5 ()Lip Copy �r /hr x-enn /eas (� Sue 1J1�ern ✓O 7A .to arr`vfveaI agrran,r., -% 14/1 All O 9oc R A f - r5,- o,J RR cr ,,--7 fc h1 , P.utrsSe 9. Ote /1/ei/ Ac4) , P le. 5 -e A o yr 72 '5 rec&rd, dt al p n. r W .. i- i1- - role,. i ,n o-/ Q 7 ,-. f ,t-e.- r � 0.0.4 Q l'770,..., q n -e Cop y !fi 0 Or Or rol J „ - i - ...1' 7 o i hoe' 0 v. y 7 i.- e57.roa 5 q 1 ( -cr.Sr e Ve rhe• a C?ctlI... WilsonJones CROA�TLI PF F as -900 9FART I ifDINUSA Speed Message From 4/ Gc " t' Il - P fie -.✓K yae Signed di l/(/1 w REAL ESTATE DEPARTMENT Mr. John D. Moody Project Manager Espey, Huston & Associates, Inc. P.O. Box 1269 Round Rock, Texas 78680 Dear Mr. Moody: UNION PACIFIC RAILROAD COMPANY November 19, 1987 Very truly yours, ROOM 300 1416 DODGE STREET OMAHA. NEBRASKA 68179 1248 -60 Herewith fully executed copy of Lease Supplement, signed in connection with the Railroad Company's right of way at /near Round Rock, Texas identified as Audit No. LA- 33789. The Railroad Company has authorized the installation of fiber optic cable facilities on its property in certain areas. Prior to using the Railroad Company's property covered herein, you should thoroughly review the terms and conditions of this document and contact the Railroad Company at 1- 800 - 336 -9193 to determine if a fiber optic cable is buried on the subject property. R. W. CHRISTENSEN Manager -Real Estate Contracts LEASE SUPPLEMENT THIS SUPPLEMENTAL AGREEMENT is made as of the 10th day of September, 1987, by and between MISSOURI PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the Lessor), and THE CITY OF ROUND ROCK, TEXAS, a Municipal corporation of the State of Texas, of 214 E. Main Street Round Rock, Texas 78664 (hereinafter the Lessee). RECITALS: By lease dated March 1, 1987, identified in the records of the Lessor as Agreement No. LA -33789 (herein called "Original Agreement "), the Lessor is leasing to the Lessee certain premises at Round Rock, Texas. follows: The parties now desire to modify the Original Agreement to provide for the addition of 8.117 acres of property. AGREEMENT: NOW, THEREFORE, IT IS AGREED by and between the parties hereto as Section 1. INCREASE IN RENTAL. Effective as of September 10, 1987 the Lessee agrees to pay to the Lessor as rental for the use of the leased premises as shown on Exhibit B the sum of TWO THOUSAND THREE HUNDRED THIRTY DOLLARS ($2,330.00) for the term of the Lease. Section 2. ADDITION OF PRINT Print dated June 19, 1987, attached hereto as Exhibit "B" shall be and hereby is included as an exhibit to the Original Agreement, and from and after the effective date herein the premises shown on the print attached hereto and dated June 19, 1987 shall be, and hereby are, fixed as part of the premises of the Lessor leased to the Lessee under the Original Agreement. Section 3. PROTECTION OF FIBER OPTIC CABLE SYSTEMS The following is hereby made a part of the Original Agreement: (a) Fiber optic cable systems may be buried on the Lessor's property. Lessee shall telephone the Lessor at 1- 800 - 336 -9193 (a 24 -hour number) to determine if fiber optic cable is buried anywhere on the Lessor's premises to be used by the Lessee. If it is, Lessee will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Lessor's premises. Lease Supplement Form App. 8/86 AVP Law 1 DUPLICATE ORIGINAL • LESSEES COPY Audit No. LA -33789 Folder No. 1248 -60 Y900 2'33c 3J • JAMIDIR43TAai19UQ (b) In addition to the liability terms elsewhere in this Agreement, the Lessee shall indemnify and hold the Lessor harmless against and from all cost, liability, and expense whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of the.. Lessee, its contractor, agents and/or employees, that causes or in any way or degree contributed to (1) any damage to or destruction of any telecommunications system by the Lessee, and /or its contractor, agents and /or employees, on Lessor's property, (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and /or its contractor, agents and /or employees, on Lessor's property, and /or its contractor, agents and/or employees, on Lessor's property, and /or (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of, such telecommunication company(ies). Section 4. EFFECTIVE DATE This Supplemental Agreement shall be effective as of the date first hereinabove written. Section 5. TERM. The Original Agreement, as hereby modified, shall remain in full force and effect, subject to termination as provided therein. IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Agreement to be executed, in duplicate, as of the day and year first hereinabove written. MISSOURI PACIFIC RAILROAD COMPANY BY ��' General Director -Real Estate Witness: Witness: Lease Supplement Form App. 8/86 AVP Law THE CITY OF ROUND ROCK, TEXAS X AI Mayor 2 . tai 1 WHEREAS, MISSOURI PACIFIC RAILROAD COMPANY (hereinafter called Railroad Company) has tendered to the CITY OF ROUND ROCK, STATE OF TEXAS, (hereinafter called City) a lease for highway purposes, at Round Rock, Texas, identified in the Railroad Company's records as Audit No. LA- 33789; and WHEREAS, the Council of said City has said proposed agreement before it and has given it careful review and consideration; and WHEREAS, it is considered that the best interests of said City will be subserved by the acceptance of said agreement; THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK: That the terms of the agreement submitted by the Railroad Company as aforesaid be, and the same are hereby, accepted in behalf of said City; That the Mayor of said City is hereby authorized, empowered, and directed to execute said agreement on behalf of said City and that the City Clerk of said City is hereby authorized and directed to attest said agreement and to attach to each duplicate original of said agreement a certified copy of this Resolution. STATE OF TEXAS )ss COUNTY OF WILLIAMSON) I ��/ /JL1 f ' , City Clerk of said City hereby certify that the Cove and foregoing is a true, full and correct copy of a resolution adopted b the Council of said C'ty at a meeting held 4 to law at said City on the /B —day of �✓pn7 , 19 6 as the same appears on file and of record in this offic RESOLUTION IN TESTIMONY WHEREOF, I have h p�rggggnto set m. ha d and affixed ip corporate seal of said City, this 7!f` -"day of /' , 19 4 114,0 ,, A yty Clerk of the ty of Round Rock State of Texas � ti Ea Ell ENMININISSI NM 40' IM 19.9`" LJP FILE TX124860 63.85' liaialaiNia NE ail 1.850 SO. FT. 1 1 1 r GEORGETOWN BRANCH 4 CO M to CO Cm in to TOTAL LEASE AREA =368,990 SO. FT. • 0 o I= I= it 03 1 Ul 0 0 co r� iiiimmimome r 367,140 SO. FT. Pm co ` JINOTE BEFORE YOU BEGIN ANY WORK, SEE AGREEMENT FOR FIBER OPTIC PROVISIONS." Ln IIENEENEEEIMIE INEEMOINEEE ill MI + Ea Eli ME NI w 0 CO 0 c■ 4.0 m ® - - -- 03 ce . 9 Ul CO CO 111 as la m:00018651 tia ,ice q • 0 03 To L EXHIBIT ' 111188011M0 PAMIR DI HAMAD COMPANY NR. ROUND ROCK, WILLIAMSON COUNTY, TEXAS M.P.161.8I TO 163.26 - AUSTIN SUB. LEASE TO CITY OF ROUND ROCK. Scale 1' = 200' Office of Director-Real Estate Omaha, Nebraska JUNE 19,1987 f N 11 Q N Dm LEASE AREA SHOWN RRCo. R/W Outlined ` ...... i 6i