Loading...
R-96-12-19-10B - 12/19/1996THE STATE OF TEXAS COUNTY OF WILLIAMSON * CITY OF ROUND ROCK DDC# 9700730 I, JOANNE LAND, Assistant City Manager /City Secretary of the City of Round Rock, Texas, do hereby certify that the above and foregoing is a true and correct copy of a resolution passed and adopted by the City Council of the City of Round Rock, Texas, at a meeting held on the / ( day of 19 C ka which is recorded in the minutes of the City of Round Rock in book 3 5 . CE ,3FIED b my hand and seal of the City of Round Rock, Texas on this day of a/Yl 1,l 19 9'7 . A‘ A tN kl 'I 54::"- A; N ' % - ", 11 /41J/ 1 It 1._. d IA 1 J� • ' e� ` s -, ��• ; J /ANNE LAND, Assistant City Manager/ y i * ; r' City Secretary K • J C i OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS WHEREAS, the owner of the Hayloft Restaurant desires to locate a sign within the Rock Creek Plaza subdivision, and WHEREAS, although the location of said sign will not be in violation of Section 3.1400 of the Code of Ordinances, City of Round Rock, said sign location would violate the Restrictive Covenant and Easement Agreement filed by Guaranty Federal Bank, F.S.B., and recorded in Volume 2157, Page 735, Official Records, Williamson County, Texas, and WHEREAS, the current owner of the Rock Creek Plaza subdivision, the R.C. Center Limited Partnership, now desires to amend said Restrictive Covenants and Easement Agreement to allow for the location of the above - described sign, and WHEREAS, said Restrictive Covenant and Easement Agreement cannot be amended without the consent of the City of Round Rock, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is authorized to sign on behalf of the City Council an Amendment to Restrictive Covenant and Easement Agreement, attached hereto and incorporated herein as Exhibit "A ". RESOLVED this 19th day of December, 1996. ATTEST: :\M90OcS R2SOLOTI 956199113 1.19➢ /cc LAND, City ecretary RESOLUTION NO. R- 96- 12- 19 -10B CHARLES CUL'PE4s?ER, Mayor City of Round Rock, Texas THE STATE OF TEXAS COUNTY OF WILLIAMSON AMENDMENT TO RESTRICTIVE COVENANT AND EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS: This Amendment to Restrictive Covenant and Easement Agreement (the "Amendment ") is made and entered into as of the date of execution set forth below by R. C. CENTER LIMITED PARTNERSHIP ( "RC Center") to amend a portion of that certain Restrictive Covenant and Easement Agreement dated June 26, 1992, recorded in Volume 2157, Page 741, Real Property Records of Williamson County, Texas (the "Agreement). WITNESSETH: RC Center is the owner in fee simple of each of the following lots, Lot 1, Lot 2, Lot 3, Lot 4, Lot 5 and Lot 6 of the Amended Plat of Rock Creek Plaza Section 1, a subdivision in Williamson County, Texas, according to the map or plat of record in Cabinet K, Slides 93, 94, Plat Records of Williamson County, Texas (collectively, the "Property"). The above mentioned lots making up the Property are contiguous and adjacent and, collectively as the Property, are being used and occupied as an existing retail shopping and service center more commonly referred to as "Rock Creek Plaza Shopping Center." RC Center desires to amend the restrictions and easements contained in the Agreement regarding Pylon signs. NOW, THEREFORE, in consideration of the premises and in order to further the harmonious use of all lots making up the Property, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, RC Center amends the Agreement by substituting for Article 4 contained in the Agreement the following: ARTICLE 4 PYLON SIGN EASEMENT AND USE Section 4.1. Easement Grant. RC Center hereby CREATES, IMPOSES and IMPRESSES upon Lots 1, 5 and 6 of the Property, subject to the further conditions in this Agreement, an exclusive, irrevocable easement and/or easement rights, in favor of the owners of such Lots 1, 5 and 6 (the "Owners "), for the construction, maintenance, repair, operation, reconstruction and removal of, and DIR2\2685\03\AMD'COVT.AGT 1 access to, all pylon, berm and other off - building signs now or hereafter located on Lots 1, 5 and 6 of the Property (the "Pylon Signs "); TO HAVE AND TO HOLD said easement and/or easement rights unto each of said Owners, their legal representatives, successors and assigns. Section 4.2. Purpose of Easement. The easements, covenants and rights created in this Article shall be for the purpose of allowing the Owners to treat Lots 1, 5 and 6 of the Property as a single commercial or industrial center under the sign ordinances of the City of Round Rock, as if all of such lots were one lot. For so long as these easements, covenants and rights are in effect, no Owners shall be allowed to exercise any rights under the sign ordinances of the City of Round Rock on the basis of individual lot status. Notwithstanding the foregoing, no Owner shall have the right to place any sign on any building owned by another Owner without the prior written consent of such Owner, and the easements, covenants and rights of each Owner under this Article shall be limited by the restrictions on use set forth in Section 4.3 below. Section 4.3. Use. Except as otherwise provided by separate written agreement among one or more of the Owners regarding the allocation of burdens and benefits between or among such Owners, each Owner shall be entitled to joint use of, and shall be jointly liable for all costs concerning construction, use, operation, maintenance, repair, removal and reconstruction of, each and every Pylon Sign with all the other Owners. No Pylon Sign, however, shall be constructed, materially altered in size or appearance or reconstructed without the prior written approval of all the Owners which shall not be unreasonably withheld or delayed. The fee simple owner of Lot 1 shall be the designated Owner with primary responsibility for the Pylon Signs, unless another Owner has been given such responsibility by the majority vote, based on one vote for each lot, of the Owners. Section 4.4. Duration. The easements, covenants and rights granted in this Article shall be perpetual and shall terminate or be modified only upon written and recorded agreement of all the then Owners, with the approval of the City of Round Rock for the purpose of ensuring that any modification or termination will not cause any or all of such Lots 1, 5 and 6 of the Property to be in noncompliance with the Code of Ordinances, City of Round Rock. Section 4.5 Other Lots. The foregoing Sections 4.1 through 4.4 of this Agreement shall apply only to Lots 1, 5 and 6 of the Property and shall not apply to Lots 2, 3 or 4 of the Property, each of which shall each be treated as a single commercial or industrial center for all purposes under the sign ordinances of the City of Round Rock. DIR212685\031AMD'COVr.AGT 2 APPROVED: EXECUTED this 1.2 day of be e vv,be 1996. R. C. CENTER LIMITED PARTNERSHIP By: ROCK CREEK PLAZA CORPORATION, its General Partner CITY OF ROUND ROCK, TEXAS Name. C R� G i_PEPPER) Name Title- rn AVD2-) DIR212685 \ 03\AMD'COYr,AGT 3 By THE STATE OF TEXAS § "^ m CAROL McGILL § ° !1, c • Notary Public, State of Texas COUNTY OF - 1 - KIN tc, § oo � f +om.• JULY 8, 2000 This instrument was acknowledged before me on the 1"3-- day of t :: - I mAE 2 , 1996, by YIGAL SAAD, PRESIDENT of ROCK CREEK PLAZA CORPORATION, General Partner of R. C. CENTER LIMITED PARTNERSHIP, on behalf of said partnership. e9 Notary Public, State of Texas THE STATE OF TEXAS § COUNTY OF WILLl4ftl5Oh § Thi instrument was acknowledged before me on the ! 1 day of b eten1( 3 y iQi 1996, by (-/-F4 f ;5 eifL,61 /}7,4Vo2 of the CITY OF ROUND ROCK, TEXAS, on behalf of said City of Round `Rock, Texas. DIR2\2685\031AMD'COVF.AGT 4 Notary Public, State of Texas Doc# 9700730 # Pages: 7 Date : 01 -07 -1997 Time : 09:05:55 R.M. Filed & Recorded in Official Records of WILLIAMSON County, TX. ELAINE BIZZELL COUNTY CLERK. Rec. $ 21.00 M LtNR Ads 6 to MW} ttw ma (Worm)? was SLED tn0 RECOMFP u 1. Itnra ' Pecogta d Wdaamsor Cowin TM, 4r tn.:W and ttmmS :tow tneew, CLERK 1- TZL.e. 144 NYIWIBCII MUJI n (�, .a..�.o 1L avvyti)to: �✓ CITY OF ROUND ROCK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664 Mayor Charles Culpepper Mayor Pro-tem Hart Palmer Council Members Robert Stluku Rod Morgan Rick Stewart Martha O aver Rmmy Joseph City Manager Robert L Bennett Jr. City Attorney Stephan L. Sheen CITY OF ROUND ROCK January 7, 1997 Danly Properties Lily Saad, President 11940 Jollyville Road, Suite 300 -S Austin, TX 78759 Dear Ms. Saad: Resolution No. R- 96- 12- 19 -10B was approved by the Round Rock City Council on December 19, 1996. Enclosed is a copy of the resolution and an original agreement for your files. If you have any questions, please do not hesitate to call. Sincerely, Enclosure(s) Fax: 512.218 -7097 oanne Land Assistant City Manager/ City Secretary 1- 800. 735- 2989TDD 1- 800 - 735.2988 M4 221 East Main Street Round Rock, Texas 78664 512 - 218.5400 WHEREAS, the owner of the Hayloft Restaurant desires to locate a sign within the Rock Creek Plaza subdivision, and WHEREAS, although the location of said sign will not be in violation of Section 3.1400 of the Code of Ordinances, City of Round Rock, said sign location would violate the Restrictive Covenant and Easement Agreement filed by Guaranty Federal Bank, F.S.B., and recorded in Volume 2157, Page 735, Official Records, Williamson County, Texas, and WHEREAS, the current owner of the Rock Creek Plaza subdivision, the R.C. Center Limited Partnership, now desires to amend said Restrictive Covenants and Easement Agreement to allow for the location of the above - described sign, and WHEREAS, said Restrictive Covenant and Easement Agreement cannot be amended without the consent of the City of Round Rock, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is authorized to sign on behalf of the City Council an Amendment to Restrictive Covenant and Easement Agreement, attached hereto and incorporated herein as Exhibit "A ". RESOLVED this 19th day of December„ 1996. ATTEST: R•\ 14PDOGS \HSSOLDII\RS61291B.114D /CC LAND, City ecretary RESOLUTION NO. R 96 12 19 - 10B CHARLES CUr1PE ER, Mayor City of Round Rock, Texas THE STATE OF TEXAS COUNTY OF WILLIAMSON AMENDMENT TO RESTRICTIVE COVENANT AND EASEMENT AGREEMENT This Amendment to Restrictive Covenant and Easement Agreement (the "Amendment ") is made and entered into as of the date of execution set forth below by R. C. CENTER LIMITED PARTNERSHIP ( "RC Center ") to amend a portion of that certain Restrictive Covenant and Easement Agreement dated June 26, 1992, recorded in Volume 2157, Page 741, Real Property Records of Williamson County, Texas (the "Agreement). WITNESSETH: RC Center is the owner in fee simple of each of the following lots, Lot 1, Lot 2, Lot 3, Lot 4, Lot 5 and Lot 6 of the Amended Plat of Rock Creek Plaza Section 1, a subdivision in Williamson County, Texas, according to the map or plat of record in Cabinet K, Slides 93, 94, Plat Records of Williamson County, Texas (collectively, the "Property"). The above mentioned lots making up the Property are contiguous and adjacent and, collectively as the Property, are being used and occupied as an existing retail shopping and service center more commonly referred to as "Rock Creek Plaza Shopping Center." RC Center desires to amend the restrictions and easements contained in the Agreement regarding Pylon signs. NOW, THEREFORE, in consideration of the premises and in order to further the harmonious use of all lots making up the Property, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, RC Center amends the Agreement by substituting for Article 4 contained in the Agreement the following: ARTICLE 4 PYLON SIGN EASEMENT AND USE Section 4.1. Easement Grant. RC Center hereby CREATES, IMPOSES and IMPRESSES upon Lots 1, 5 and 6 of the Property, subject to the further conditions in this Agreement, an exclusive, irrevocable easement and/or easement rights, in favor of the owners of such Lots 1, 5 and 6 (the "Owners "), for the construction, maintenance, repair, operation, reconstruction and removal of, and DIR2\2685W3WMD'COVT.AGT 1 KNOW ALL MEN BY THESE PRESENTS: access to, all pylon, berm and other off - building signs now or hereafter located on Lots 1, 5 and 6 of the Property (the "Pylon Signs "); TO HAVE AND TO HOLD said easement and/or easement rights unto each of said Owners, their legal representatives, successors and assigns. Section 4.2. Purpose of Easement. The easements, covenants and rights created in this Article shall be for the purpose of allowing the Owners to treat Lots 1, 5 and 6 of the Property as a single commercial or industrial center under the sign ordinances of the City of Round Rock, as if all of such lots were one lot. For so long as these easements, covenants and rights are in effect, no Owners shall be allowed to exercise any rights under the sign ordinances of the City of Round Rock on the basis of individual lot status. Notwithstanding the foregoing, no Owner shall have the right to place any sign on any building owned by another Owner without the prior written consent of such Owner, and the easements, covenants and rights of each Owner under this Article shall be limited by the restrictions on use set forth in Section 4.3 below. Section 4.3. Use. Except as otherwise provided by separate written agreement among one or more of the Owners regarding the allocation of burdens and benefits between or among such Owners, each Owner shall be entitled to joint use of, and shall be jointly liable for all costs concerning construction, use, operation, maintenance, repair, removal and reconstruction of, each and every Pylon Sign with all the other Owners. No Pylon Sign, however, shall be constructed, materially altered in size or appearance or reconstructed without the prior written approval of all the Owners which shall not be unreasonably withheld or delayed. The fee simple owner of Lot 1 shall be the designated Owner with primary responsibility for the Pylon Signs, unless another Owner has been given such responsibility by the majority vote, based on one vote for each lot, of the Owners. Section 4.4. Duration. The easements, covenants and rights granted in this Article shall be perpetual and shall terminate or be modified only upon written and recorded agreement of all the then Owners, with the approval of the City of Round Rock for the purpose of ensuring that any modification or termination will not cause any or all of such Lots 1, 5 and 6 of the Property to be in noncompliance with the Code of Ordinances, City of Round Rock. Section 4.5 Other Lots. The foregoing Sections 4.1 through 4.4 of this Agreement shall apply only to Lots 1, 5 and 6 of the Property and shall not apply to Lots 2, 3 or 4 of the Property, each of which shall each be treated as a single commercial or industrial center for all purposes under the sign ordinances of the City of Round Rock. DIR212685103 AMD'COVT.AGT 2 APPROVED: By Name Title EXECUTED this ) 2 day of bee. mbe r , 1996. R. C. CENTER LIMITED PARTNERSHIP By: ROCK CREEK PLAZA CORPORATION, its General Partner CITY OF ROUND ROCK, TEXAS !rJ 142L6 " L'6''ERj rn Ayok) THE STATE OF TEXAS COUNTY OF 1 P% -f lS § § DIR2t2685\03\AMD'COVT.AGT 3 By �f L'o, "4� CAROLMcGILL 1, Notary Public, State of Texas MY Commission Expires o* JULY 8,2000 This instrument was acknowledged before me on the 19-- day of .cc rcGE2 , 1996, by YIGAL SAAD, PRESIDENT of ROCK CREEK PLAZA CORPORATION, General Partner of R C. CENTER LIMITED PARTNERSHIP, on behalf of said partnership. Notary Public, State of Texas THE STATE OF TEXAS § COUNTY OF W U/LI411 0 ©AI § This instrument was acknowledged before me on the t d ay of bete/ . , 1996, by µRprj5 of the CITY OF ROUND ROCK, TEXAS, on behalf of said City of Round ock, Texas. DIR2126851031AMD'COVT.AGT 4 Notary Public, State of Texas Date: December 17,1996 Subject: City Council Meeting December 19,1996 Item: 10.B. Consider a resolution authorizing the Mayor to enter into an agreement with RC Center concerning restrictive covenant amendment for Rock Creek Plaza Shopping Center. Staff Resource Person: Joe Vining Staff Recommendation: Approval This amendment will allow the Hayloft Steakhouse to erect a sign that would otherwise be in violation of the shopping center's deed restrictions, even though it would comply with the City's sign ordinance.