R-95-12-14-13D - 12/14/1995WHEREAS, the City of Round Rock desires to enter into a Pipeline
License Agreement with the City of Georgetown for the City of Round
Rock's raw water line project, and
WHEREAS, The City of Georgetown has proposed a Pipeline License
Agreement, and
WHEREAS, the City Council wishes to accept the proposal and to
enter into said agreement, 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 a Pipeline License Agreement with the City of
Georgetown for the City of Round Rock's raw water line project.
RESOLVED this 14th day of December, 1995.
ATTEST:
E LAND, City Secretary
C.\ WPDOCS \RRSOLUTI \RS51214D.WPD /kg
RESOLUTION NO. R- 95- 12- 14 -13D
CHARLES CULPEPPER, Mayor
City of Round Rock, Texas
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
LICENSE AGREEMENT
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KNOW ALL MEN BY THESE PRESENTS:
This is a License Agreement by and between the City of Georgetown (hereinafter
referred to as "LICENSOR "), and the City of Round Rock (hereinafter referred to as
"LICENSEE "), LICENSOR hereby grants a license to the said LICENSEE to permit the
use of the LICENSOR's easement as shown on Exhibit "A" attached hereto and
incorporated herein by reference for all purposes, owned and occupied by the City of
Georgetown, Williamson County, Texas, for all activities reasonably necessary for the
installation, construction, operation, repair, and maintenance of a 30 -inch water line
pursuant to the terms of this Agreement. LICENSEE assumes full responsibility for
installing, maintaining or repair of the water line, as well as any damages claimed as a
result of any of those responsibilities. The top of the pipe shall be at all times a minimum
of 48 inches below the ground and not in contact with any electric, water, sewer, or other
utility, or equipment, or interfere in any way with such utility, improvements and other
property, and subject to the following terms and conditions.
Neither the granting of the license, nor any related permit, constitutes an
abandonment by 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'S acceptance of this license that LICENSEE neither asserts nor claims any
interest or right of any type or nature whatsoever, legal, equitable or otherwise in or to
LICENSOR's property.
LICENSEE hereby expressly covenants, stipulates and agrees, without limitation,
to indemnify and defend the LICENSOR and hold it harmless from any and all liability,
claim, cause of action, and cost, including attomeys' fees, and including any acts or
omissions of the LICENSOR, its officers, agents, and employees, which may grow out of
or be attributable to the granting by the LICENSOR of said license and any supplemental
license which may hereafter be issued in connection herewith including any inspections
which may be conducted in connection with or pursuant to said license or any
supplemental license.
LICENSEE, at its own expense, shall restore or cause to be restored the subject
property to as good a condition as existed prior to construction of the improvements which
are the subject of this License Agreement. LICENSEE shall pay all costs of relocation
of any public utilities or facilities which may be incurred as a result of the proposed
construction or actual construction.
LICENSEE agrees to comply with all laws and ordinances in the construction and
maintenance of said improvements.
LICENSOR retains the right, but not the obligation, to enter upon the land to which
this license applies and at LICENSEE's expense to remove any structure or
improvements or alterations thereon upon the determination by LICENSOR that such
removal is necessary for exercising LICENSOR's rights or duties in regard to said
easement, or for protecting persons or property, or public interest in regard to said
easement
This license, until its expiration or revocation, shall run with the title to the above
described real property, and the terms and conditions hereof shall be binding upon
subsequent owners or holders thereof. LICENSEE shall cause any immediate successors
in interest to have factual notice of this License Agreement
This license shall expire automatically upon removal of the improvements located
upon 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.
This license is revocable by the LICENSOR upon the occurrence of any of the
following conditions or events:
A. LICENSEE or its successor has failed to comply with the terms of the
granting of the license; or
B. The improvements located thereon or any portion of them interfere with the
rights of the LICENSOR or the public in or to LICENSOR's property; or
C. The use of the licensed area becomes necessary for a public purpose; or
D. Said improvements or a portion of them constitute a danger to the public
which is not remediable by maintenance or alteration of the said
improvements; or
E. Said improvements or a portion of them have expanded beyond the scope
of the license; or
F. Maintenance or alteration necessary to alleviate danger to the public has not
been made within a reasonable time after the dangerous condition has
arisen.
This license shall be effective upon the acceptance of the terms hereof by the
LICENSEE, as indicated by the signature of LICENSEE.
The license shall be filed of record in the Official Records of the County Clerk of
the Williamson County Courthouse
APPROVED this the day of , 1995.
LICENSOR:
CITY OF GEORGETOWN
BY: BY:
LEO WOOD, MAYOR
ATTEST:
Sandra Lee, City Secretary
Approved as to form:
LICENSEE:
CITY OFPOUND ROCK
ATTEST:
Approved as to form:
Marianne Landers Banks City Attorney
City Attorney
CHARLIE CU '''PER, MAYOR
LEGEND OAKS SECTION 11
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CITY OF ROUND ROCK. TEXAS
30" RAW WATER LINE LOCATION
IN CITY OF GEORGETOWN ROAD WIDENING EASEMENT
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EXFIBTT A
Georgetown
November 1, 1995
Mr. Cary Bovey
Sheets & Crossfield, P.C.
309 East Main
Round Rock, TX 78664 -5246
RE: License Agreement - water line easement Highway 29
Dear Mr. Bovey:
Enclosed are duplicate originals of the License Agreement on tl
Please have both of these executed by the proper Round Rock of if dials and return
them to me to be presented to the Georgetown City Council.
If you have any questions, please contact me.
Enclosures
Yours truly,
Judi Hunter
Paralegal
CITY ATTORNEY'S OFFICE • PosT OFFICE Sox 409 • OEOROETCWN, TEXAS 7E1627.0409 • 512/930-3653 • FAx: 512/930.3622
I t
DATE: December 11, 1995
SUBJECT: City Council Meeting, December 14, 1995
ITEM: 13D. Consider a resolution authorising the Mayor to enter into a license
agreement with the City of Georgetown for the raw water line.
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION:
In order to complete the raw water line from Lake Georgetown, this license
agreement must be entered Into. Staff recommends entering into the attached
agreement.
•
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THE STATE OF TEXAS
COUNTY OF WILLIAMSON
LICENSE AGREEMENT
R- 95- /9/-/4-13b
KNOW ALL MEN BY THESE PRESENTS:
This is a License Agreement by and between the City of Georgetown (hereinafter
referred to as "LICENSOR "), and the City of Round Rock (hereinafter referred to as
"LICENSEE"), LICENSOR hereby grants a license to the said LICENSEE to permit the
use of the LICENSOR's easement as shown on Exhibit "A" attached hereto and
incorporated herein by reference for all purposes, owned and occupied by the City of
Georgetown, Williamson County, Texas, for all activities reasonably necessary for the
installation, construction, operation, repair, and maintenance of a 30 -inch water line
pursuant to the terms of this Agreement. LICENSEE assumes full responsibility for
installing, maintaining or repair of the water line, as well as any damages claimed as a
result of any of those responsibilities. The top of the pipe shall be at all times a minimum
of 48 inches below the ground and not in contact with any electric, water, sewer, or other
utility, or equipment, or interfere in any way with such utility, improvements and other
property, and subject to the following terms and conditions:
Neither the granting of the license, nor any related permit, constitutes an
abandonment by 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's acceptance of this license that LICENSEE neither asserts nor claims any
interest or right of any type or nature whatsoever, legal, equitable or otherwise in or to
LICENSOR's property.
LICENSEE hereby expressly covenants, stipulates and agrees, without limitation,
to indemnify and defend the LICENSOR and hold it harmless from any and all liability,
claim, cause of action, and cost, including attorneys' fees, and including any acts or
omissions of the LICENSOR, its officers, agents, and employees, which may grow out of
or be attributable to the granting by the LICENSOR of said license and any supplemental
license which may hereafter be issued in connection herewith including any inspections
which may be conducted in connection with or pursuant to said license or any
supplemental license.
LICENSEE, at its own expense, shall restore or cause to be restored the subject
property to as good a condition as existed prior to construction of the improvements which
are the subject of this License Agreement. LICENSEE shall pay all costs of relocation
of any public utilities or facilities which may be incurred as a result of the proposed
construction or actual construction. _
LICENSEE agrees to comply with all laws and ordinances in the construction and
maintenance of said improvements.
LICENSOR retains the right, but not the obligation, to enter upon the land to which
this license applies and at LICENSEE's expense to remove any structure or
improvements or alterations thereon upon the determination by LICENSOR that such
removal is necessary for exercising LICENSOR's rights or duties in regard to said
easement, or for protecting persons or property, or public interest in regard to said
easement.
This license, until its expiration or revocation, shall run with the title to the above
described real property, and the terms and conditions hereof shall be binding upon
subsequent owners or holders thereof. LICENSEE shall cause any immediate successors
in interest to have factual notice of this License Agreement.
This license shall expire automatically upon removal of the improvements located
upon 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.
This license is revocable by the LICENSOR upon the occurrence of any of the
following conditions or events:
BY:
A. LICENSEE or its successor has failed to comply with the terms of the
granting of the license; or
B. The improvements located thereon or any portion of them interfere with the
rights of the LICENSOR or the public in or to LICENSOR's property; or
C. The use of the licensed area becomes necessary for a public purpose; or
D. Said improvements or a portion of them constitute a danger to the public
which is not remediable by maintenance or alteration of the said
improvements; or
E. Said improvements or a portion of them have expanded beyond the scope
of the license; or
F. Maintenance or alteration necessary to alleviate danger to the public has not
been made within a reasonable time after the dangerous condition has
arisen.
This license shall be effective upon the acceptance of the terms hereof by the
LICENSEE, as indicated by the signature of LICENSEE.
The license shall be filed of record in the Official Records of the County Clerk of
the Williamson County Courthouse.
APPROVED this the 9 day of
LICENSOR:
CITY OF GEORGETOWN
LEO WOOD, MAYOR
ATTEST:
Sandra Lee, City Secretary
Approved as to form:
Marianne Landers Banks
City Attorney
, 199
LICENSEE:
CITY OF OUND ROCK
//
CHARLIE CU 'r''PER,
ATTEST:
BY:
MAYOR
Approv d as to form:
City Attorney
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LEGEND OAKS SECTION II
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W —CITY OF ROUND ROCK
/ RAW WATER L:NE
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STA FE HIVY 29
CITY OF ROUND ROCK. TEXAS
DM • 30" RAW WATER LINE LOCATION
IN CITY OF GEORGETOWN ROAD WIDENING EASEMENT
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EXHIBIT A
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