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R-89-1371 - 10/26/1989STATE OF TEXAS COUNTY OF WILLIAMSON INDEMNITY AGREEMENT v J 44 This Agreement is made this day of te, 1989 by and between Thomas H. Barnett and Jeffrey A. Barnett, d /b /a Barnett Investments, hereinafter referred to as "Owner" and the City of Round Rock, Texas, hereinafter referred to as "City ". WHEREAS, Owner is the owner of a certain tract of land consisting of 1.6960 acres located in Round Rock, Williamson County, Texas, more particularly described in Exhibit "A" attached hereto, hereinafter referred to as "Land "; WHEREAS, Owner desires to subdivide the Land and to form an addition to the City to be known as Four Corners Addition; WHEREAS, the City has duly adopted require easements dedicated for the use, public utilities in subdivisions located in WHEREAS, Owner and City each desire easement at least ten (10) feet in width be around the boundary of the Land; WHEREAS, a structure currently located on the Land encroaches in and upon the proposed public utility easement; and WHEREAS, in order to accomplish the subdivision of the Land, the Owner has agreed to provide the indemnification set out below to the City and to public utility providers; ' NOW, THEREFORE, in consideration of the foregoing and the mutual promises and covenants contained herein and in consideration of the acceptance by the City of the plat of "Four Corners Addition ", the parties agree as follows: 1. Owner agrees to save, indemnify and hold forever harmless the City and any and all public utility providers, their agents, servants, employees, contractors, elected or appointed officials, and representatives from any and all costs, demands, liabilities or claims for damages of any kind including attorney's fees, court costs, or expenses, arising, or which may in the future arise, from damage or any claim for damage caused to the building, contents or ongoing business of that structure identified on the plat of "Four Corners Addition" as La Margarita and located on Lot 1, Block A, of said Four Corners Addition by any public utility providers, their agents, servants, employees, contractors, elected or appointed officials, and representatives while in the course and scope of providing public utility services within the lawful exercise or use TC1239A certain ordinances which maintenance, and access of the City; that a public utility dedicated and established of any public utility easement upon the property described above, including any claim for compensation alleged due as a result of the exercise of eminent domain or other governmental taking arising from the lawful exercise or use of said public utility easement. This indemnity is intended to include all existing claims as described above, whether now known or unknown. 2. It is intended by the parties that this Agreement shall inure to the benefit of all public utility providers on the Land as third party beneficiaries. Without limitation, this indemnity shall extend to providers of water, wastewater, electricity, telephone, natural gas, and cable television services on the Land, their agents, employees, servants, contractors, elected or appointed officials, and representatives and their heirs, successors or assigns. 3. Owner acknowledges that he has received adequate benefit and consideration from this Agreement and stipulates that this Agreement and each of its terms and conditions shall be a covenant and a burden running with Lot 1, Block A of Four Corners Addition to the City of Round Rock for the benefit of the City and all public utility providers and is intended to and shall bind the Owner, his heirs, successors and assigns and all subsequent owners of the said Lot 1, Block A, Four Corners Addition, forever. 4. The plat of Four Corners Addition which has, or will be, filed in the plat records of Williamson County, Texas, is incorporated herein by the parties by reference for all purposes. If such plat is not finally approved and filed, then this Agreement shall be void and of no effect. Provided, however, if such plat is approved by the City for filing and if Owner or his agents or representatives shall fail for any reason to file or record such plat then Owner's duties to indemnify the City and all public utility providers shall, nevertheless, arise as of the date hereof and shall continue to bind Owner, those in privity with him, and all successors or assigns having actual or constructive knowledge of this Agreement. 5. This Agreement embodies the entire agreement between the parties and supercedes all prior oral agreements or negotiations. This Agreement may not be amended or modified except by subsequent written agreement of the parties and all other persons having an interest in Lot 1, Block A, Four Corners Addition. 6. This Agreement is performable in Round Rock, Williamson County, Texas and is enforceable in Williamson County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. If any provision or portion hereof may be finally determined by a court of competent jurisdiction to be invalid or unenforceable, then such invalidity or unenforceability shall not operate to void this Agreement but this Agreement shall be construed, so far as possible, to give full effect to the intent of the parties, without reference to such invalid or unenforceable provisions. aL Witness our hands this day of October, 1989. 2. ATTEST: nne Land, City Secretary STATE OF TEXAS COUNTY OF WILLIAMSON OWNER: �] -)fltrvIi\G° (An Thomas H. Barnett, d /b /a B1rnett Investments 3. nts Barnett, d /b /a Barnett CITY OF ROUND ROCK, TEXAS By: 7d Mike Robinson, Mayor STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this 24th day of October , 1989 by Thomas H. Barnett, d /b /a Barnett Investments. Notary Public, State of Texas Printed Name: Sue Crider My Commission Expires: 7/16/90 This instrument was acknowledged before me on this 24th day of October , 1989 by Jeffrey A. Barnett, d /b /a Barnett Investments. Notary Public, State of Texas Printed Name: Sue Crider My Commission Expires: //16/90 STATE OF TEXAS COUNTY OF WILLIAMSON / � A s instrument was acknowledged before me on this 49.0(.day of V. J/ J , 1989 by Mike Robinson, Mayor, of the City of Round Rock, Texas, on behalf of said municipal corporation. CHRISTINE R. MARTINEZ i Natary public, State al Texas ' My Commission Expires JUNE 22, 1993 Notary Public, State of Texas Printed Name: CA/MST /N6 R. mpRTW/EZ My Commission Expires: 40- -93 4. NA.ca&;nuQ OCT 16 '69 16 :35 f1INTON BURTON ET AL p,7 EXHIBIT "A" 'Being all char certain 1.696 area tract or parcel of lend situated in the W(LEY HARki4 SURVEY, A -296, WILL /ANSON COUNTY, TEXAS, and being comprised of three (3) Pamela of land, to -wLtt • certain called 0.871 acre parcel of land a. described In Deed to Thomas H. Barnett and recorded in Volume 487, Page 429, Williamson County Deed Records (9001); a cert called 0.51 acre petrel of land an described in Used to Rick Parke and recorded in Volume 1091, Page 778, 8 CDB; and a certain . called 0.31 acre parcel of land as described in Deed to Thomas H. garnet[ and re- rurded in Volume 115, Page 17, (CDR; said 1.696 acre cracc being more particularly descrihed by metes and bounds ae follows, to -wit: BEGINNING at a 1/2" teen rod found marking th0 Northwest corner of the herein described tract, said corner being also the Northwest corner of said 0.31 acre parcel of land and being also the Northeast corner of char certain 2.096 acre tract of land as desuibed in Deed co Thomas H. Barnett and recorded in Volume 570, Page'425, 9CDR, name being lacaccd in the South right- of-way 11ne of U. S. Highway No. 79 (Taylor Avenue); THENCE, North 79'35'34" East, inch the said South right- of-way line of U. S. Highway No. )9, passing ae a distance of 40.42 feet a 3/4" iron pipe found marking the Norrheast corner of said 0.31 acre parcel and bring the Northwest corner of 'said 0.51 acre parcel, and continuing a coral distance of 157.36 feet to a 1/2" ton rod found marking [he Northeast corner of said 0.31 acre parcel and the Norrhuesr corner of said 0.671 acre parcel; THENCE, North 79'38'18" East, with the said South right- of-way line of U. S. ' Highway No. 79, a distance of 159;38 14e. to an "0" sec In concrete marking the Northeast corner of said 0.871 acre tract and the Narcheasc corner of the herein described 1.696 acre tract, same being the Northwest carnet of a terrain tract of land as described In Deed to L 6 L Associate., Inc. and recorded in Volume 745, Page 950, WCDB; THENCE, South 13'18'02" East, with the Ease line of chc herein described cracc and the West lino of said L 6 L Associates, Inc. cracc, a dlscance of 167.26 (see ie s 1/8" iron rod found for earner located In the Norchueaterly right-of -way line of Winsted Street foot open); THENCE. South 1 7'37'05" West, with the said Northwesterly line of said Winsted Street and a SOUth.asretly line of laid 0.871 acre parcel, a 61. lance of 69.58 feet re a 1/2" iron rod found marking an interior corner of maid 0.871 acre parcel, a "o being, chc Northeast corner of a certain 0 .76 acre c ace as 405061304 tn Deed ro Robert Lee Peters and recorded in Volume 545, Page 55, RCM THENCE, South 70'54'06" west. with the South line of tald 0.871 acre tract, passing at a dlctanee of 137.18 feet to a point marking the Southwest corner of saki 0.871 acre cracc, passing aC a distance of 141.01 fccc to a point marking the moat Southerly Southwest corns of said 0.51 acre parcel, sane being the most Easterly Sourhease earner of said 0.31 acre parcel, and continuing a 10101 die- ranee of 257.00 feel to s 3/4" iron pipe found marking the Southwest corner of said 0.31 acre tract, sane being located in the Eaar line of said 2.096 acre crat and being the Southwest corner of chc herein described 1.696 acre crack THENCE, North 18'30'47" 8444, with the said East line of the 2.096 acre tract nod (he West line of the said 0.31 acre parcel and the heroin described 1.696 acre tract, a distance of 137.26 feet 40 a 1/2" Iron rod found for angle point; THENCE, North 16'39'39" West, with she said East line of the 2.096 acre trace and the Nest line of said 0.11 acre parcel and Ole West line of the herein described 1.696 acre tract, a distance of 132.90 feet co THE POINT Or BEGINNING and con - taining1.6960 24402 0( land, WHEREAS, Thomas H. Barnett and Jeffrey A. Barnett, hereinafter referred to as "Owner" desire to subdivide a certain tract of land consisting of 1.6960 acres to form a subdivision to be known as Four Corners Addition, and WHEREAS, a structure currently located on the property encroaches into and upon a public utility easement, and WHEREAS, in order to accomplish the subdivision of the land, the Owner has agreed to provide an indemnification agreement as set out in Exhibit "A ", 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 an Indemnification Agreement, a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 26th day of October, 1989. ATTEST: 0 414 ../ /LA C- RS10269C E LAND, Ci y Secretary RESOLUTION NO. 137 I f MIKE ROBINSON, Mayor City of Round Rock, Texas STATE OF TEXAS COUNTY OF WILLIAMSON INDEMNITY AGREEMENT This Agreement is made this day of September, 1989 by and between Thomas H. Barnett and Jeffrey A. Barnett, d /b /a Barnett Investments, hereinafter referred to as "Owner" and the City of Round Rock, Texas, hereinafter referred to as "City ". WHEREAS, Owner is the owner of a certain tract of land consisting of 1.6960 acres located in Round Rock, Williamson County, Texas, more particularly described in Exhibit "A" attached hereto, hereinafter referred to as "Land "; WHEREAS, Owner desires to subdivide the Land and to form an addition to the City to be known as Four Corners Addition; WHEREAS, the City has duly adopted require easements dedicated for the use, public utilities in subdivisions located in WHEREAS, Owner and City each desire easement at least ten (10) feet in width be around the boundary of the Land; TC1239A certain ordinances which maintenance, and access of the City; that a public utility dedicated and established WHEREAS, a structure currently located on the Land encroaches in and upon the proposed public utility easement; and WHEREAS, in order to accomplish the subdivision of the Land, the Owner has agreed to provide the indemnification set out below to the City and to public utility providers; NOW, THEREFORE, in consideration of the foregoing and the mutual promises and covenants contained herein and in consideration of the acceptance by the City of the plat of "Four Corners Addition ", the parties agree as follows: 1. Owner agrees to save, indemnify and hold forever harmless the City and any and all public utility providers, their agents, servants, employees, contractors, elected or appointed officials, and representatives from any and all costs, demands, liabilities or claims for damages of any kind including attorney's fees, court costs, or expenses, arising, or which may in the future arise, from damage or any claim for damage caused to the building, contents or ongoing business of that structure identified on the plat of "Four Corners Addition" as La Margarita and located on Lot 1, Block A, of said Four Corners Addition by any public utility providers, their agents, servants, employees, contractors, elected or appointed officials, and representatives while in the course and scope of providing public utility services within the lawful exercise or use of any public utility easement upon the property described above, including any claim for compensation alleged due as a result of the exercise of eminent domain or other governmental taking arising from the lawful exercise or use of said public utility easement. This indemnity is intended to include all existing claims as described above, whether now known or unknown. 2. It is intended by the parties that this Agreement shall inure to the benefit of all public utility providers on the Land as third party beneficiaries. Without limitation, this indemnity shall extend to providers of water, wastewater, electricity, telephone, natural gas, and cable television services on the Land, their agents, employees, servants, contractors, elected or appointed officials, and representatives and their heirs, successors or assigns. 3. Owner acknowledges that he has received adequate benefit and consideration from this Agreement and stipulates that this Agreement and each of its terms and conditions shall be a covenant and a burden running with Lot 1, Block A of Four Corners Addition to the City of Round Rock for the benefit of the City and all public utility providers and is intended to and shall bind the Owner, his heirs, successors and assigns and all subsequent owners of the said Lot 1, Block A, Four Corners Addition, forever. 4. The plat of Four Corners Addition which has, or will be, filed in the plat records of Williamson County, Texas, is incorporated herein by the parties by reference for all purposes. If such plat is not finally approved and filed, then this Agreement shall be void and of no effect. Provided, however, if such plat is approved by the City for filing and if Owner or his agents or representatives shall fail for any reason to file or record such plat then Owner's duties to indemnify the City and all public utility providers shall, nevertheless, arise as of the date hereof and shall continue to bind Owner, those in privity with him, and all successors or assigns having actual or constructive knowledge of this Agreement. 5. This Agreement embodies the entire agreement between the parties and supercedes all prior oral agreements or negotiations. This Agreement may not be amended or modified except by subsequent written agreement of the parties and all other persons having an interest in Lot 1, Block A, Four Corners Addition. 6. This Agreement is performable in Round Rock, Williamson County, Texas and is enforceable in Williamson County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. If any provision or portion hereof may be finally determined by a court of competent jurisdiction to be invalid or unenforceable, then such invalidity or unenforceability shall not operate to void this Agreement but this Agreement shall be construed, so far as possible, to give full effect to the intent of the parties, without reference to such invalid or unenforceable provisions. fL Witness our hands this *A -I i day of October, 1989. 2. ATTEST: . ,//fl YLk /) (L' Jlanne Land, City Secretary STATE OF TEXAS COUNTY OF WILLIAMSON Investments. STATE OF TEXAS COUNTY OF WILLIAMSON OWNER: 7 Thomas H. Barnett, d /b /a Barnett Investments Jef ;' / . Barnett, d /b /a Barnett Inv -stme is CITY OF ROUND ROCCK,� TEXAS - 71 1 % Mike Robinson, Mayor This instrument was acknowledged before me on this 24th day of October 1989 by Thomas H. Barnett, d /b /a Barnett Notary Public, State of Texas Printed Name: Sue Crider My Commission Expires: 7/16/90 This instrument was acknowledged before me on this 24th day of October , 1989 by Jeffrey A. Barnett, d /b /a Barnett Investments. 3. Notary Public, State of Texas Printed Name: Sue Crider My Commission Expires: 7/16/90 STATE OF TEXAS COUNTY OF WILLIAMSON CHRISTINE R. MARTINEZ Notary Public, State of Teaas MY Commisvon Expires JUNE 22, 1993 T is instrument was acknowledged before me on this . 49 day of 1989 by Mike Robinson, Mayor, of the City of Round Rock, Texas, on behalf of said municipal corporation. 4. Notary Public, State of Texas Printed Name: 01 infA.T/NEZ My Commission Expires: (p - 93 '1CT 16 '89 16:35 MINTON BURTON ET AL EXHIBIT "A" P.7 Being all char certain 1.696 acre trace or parcel of land situated in the WILEY HARRIS SURVEY, A -298, WILLIAHSON COUNTY, TEXAS, and being comprised of three (3) parcels of land, to -vie: d certain called 0.871 acre parcel of land as described in decd cu Thomas H. garnet[ and recorded in Volume 487, Page 429. wi111ans0n County Deed Records (WCDR); a certain called 0.51 acre parcel of land as desert had in Decd to Ittck Parke and recorded in Volume 1091, Pogo 778, wC0P: and a certain ' called 0.31 acre parcel of land as described in Deed Go Thomas H. Barnett and re- , rded to Volume 515, Page 17, WCDR; said 1.696 acre tract being more particularly ' described by metes and bounds as Follows, to -wit: BEGINNING ac a 1 /2" iron rod found marking the Northwest corner of the herein described tract, said corner being also the Northwest corner of seta 0.31 acre parel of land and being also the Northeast corner of chat certain 2.036 acre ace of land as described in Deed no Thomas H. Barnett and recorded in Volume ,70, rage 425, WC012, same being located in the South right- of-way line of U. 5. Highway Yo, 79 (Taylor Avenue); THENCE, ;forth 79 ° 35'34" East, with the said South right- of-way line of U. S. liighuay No. 79, passing at a distance of 40.42 feet a 3/4" iron pipe found narking [Lc Nn,rheas[ corner of said 0.31 acre parcel and being the Northwest corner of said 0.51 acre parcel, and continuing a total distance of 157.36 feet to a 1/2' iron rod fOUnd marking the Northeast corner of said 0.31 acre parcel and the Norrhuesr corner of said 0.871 acre parcel; • THENCE, North 79'38'18" East, with the sold South right-of -way line of U. S, Highway No. 79, a distance of 159.38 feet to an "o" set in concrete marking [he Northeast Corner of said 0.871 seta tract and the Noreheaac corner of the herein described 1.696 acre tract, same being the Norrhuesr corner of a certain erect of land .as described in Deed to L 6 1. 1000.i/110S, Inc. and recorded in Volume 745, Pogo 950, WW1; THENCE, South 13'18'02" East, with the Ease line Of the herein described tract and the West 'l ins of said L 6 L Associates, Int. tract, a distance 01 167.26 (eat to a 3 /8" iron rod found for corner located in the Norchwesccrly right-of -way line of 050,50d Street (not open); THENCE. South 17'37'05" West, with the said Northwesterly Sine of said Winated Street and a 50utheascerly line of said 0.871 acre parcel, a distance of 69.58 Feat 00 a 1/2" Iron rod found marking an interior corner of said 0.871 acre parcel, same being the Norrhesst corner of a certain 0.76 acre tract as described in Deed to Robert Lee Peters 4nd recorded in Volume 545, Page 55. WCDR; THENCE, South 70'54'06" West, with the South line of said 0.871 acre tract, passing at a distance of 137.18 feet to a point marking the Southwest corner of ;aid 0.871 acre trail, passing at a distance of 141.01 feet to a point marking the must Southerly Sourheest corner of said 0.51 acre parcel, same being the most Easterly Southeast corner of said 0.31 acre parcel, and continuing a total dis- tance of 257.00 feet re a 314" iron pipe found marking the Southwest corner of said 0.31 acre tract, same being located In the East line of said 2.096 acre crane, and being the Southwest corner of the herein described 1.696 acre tracc; THENCE, North 18'30'47" Hest, with the said East line Of the 2,096 acre tract end the wear line of the said 0.31 acre parcel and the herein described 5.696 acre tract, a distance of 137.28 feet co 8 1 /2" iron rod found for angle point; THENCE, North 18'19'39" west, with the said Ease line of the 2,096 acre trace and the west line of said 0.31 acre parcel and the wee4 line of the herein described 1.696 acre,tract, a distance of 132.90 feet CO THE POINT OF BEG1NNINC and ton - raining 1.6960 acres of land. DATE: October 23. 1989 SUBJECT: Council Agenda, October 26, 1989 ITEM: 88. Consider a resolution authorizing the Mayor to enter into an indemnification agreement with Jeffrey Barnett. STAFF RESOURCE PERSON: Joe Vining STAFF RECOMMENDATION: Approval This indemnification agreement is a condition of plat approval. It results from the fact that an existing building encroaches into a drainage and utility easement which is being provided on the plat. The agreement protects the City from any potential liability resulting from the encroachment. The attached agreement requires an additional signature from Thomas H. Barnett, prior to Council approval. This signature is expected prior to the Council meeting.