Loading...
R-97-04-10-14D - 4/10/1997t This Lice se Agreement (the "Agreement ") is made this /0 - day of , 1997, by and between the CITY OF ROUND ROCK, (hereinafter "Licensor "), a Texas home rule municipality, and CATLYN ROUND ROCK, LTD., a Texas limited partnership, (hereinafter referred to as "Licensee "). WHEREAS, Licensor is the owner of the real property (hereinafter, "Property ") described as 3.356 acres, out of the ASA Thomas Survey, Abstract No. 609, in Williamson County, Texas, more further described in Exhibit "A ", attached hereto and incorporated herein; and WHEREAS, Licensee is the owner of the real property (hereinafter, "Adjacent Property ") immediately north and adjacent to the Property; and WHEREAS, Licensee desires to exercise certain rights and privileges upon the Property; and WHEREAS, Licensor desires to grant Licensee certain rights and privileges upon the Property; and NOW, THEREFORE, it is agreed as follows: 1. Licensee shall have the right to install, construct, operate, maintain, replace, upgrade, and repair a "for sale" or "for lease" sign; a Monument Sign or Signs; and entry features for projects constructed on the Adjacent Property. It is further understood that the installation, construction and design of all signs and entry features shall be in compliance with all existing ordinances, including sign ordinances, of the City of Round Rock, Texas. 2. Licensee shall have the right to install, construct, operate, maintain, replace, upgrade; and repair landscaping (exclusive of trees, but inclusive of underground irrigation) on the Property. It is further understood that the installation, construction and design of the landscaping shall be in compliance with all existing ordinances, including landscape ordinances, of the City of Round Rock, Texas. 3. Licensee shall have the right to install, construct, operate, maintain, replace, upgrade, and repair paved entry ways across the Property from the existing paved roadway known as Louis C: \TEXT \SEMIDS \GLENGROS.EAS /cdc LICENSE AGREEMENT License 1. DOC# 9717066 OFFICIAL RECORDS WILUAMSON COUNTY, TEXAS (0 Henna Boulevard to the Adjacent Property. It is further understood that the installation, construction and design of the entry ways shall be in compliance with all existing ordinances of the City of Round Rock, Texas. 4. It is understood that this Agreement creates a license only and that Licensee does not and shall not claim at any time any interest or estate of any kind in the public rights -of -way located within the Property by virtue of this license, and Licensee's activities within the Property shall not interfere with the use thereof by Licensor or the State of Texas for the right -of -way and related facilities for State Highway 45. C: \TEXT \SEPUOS \GLENGROS EAS /cdc Consideration 5. In consideration for this license, Licensee shall pay Licensor $10.00 and other valuable consideration paid by Licensee to Licensor. Termination 6. If at any time Licensor determines that Licensee's activities under this License interfere with the use of the Property by Licensor for any public purpose or the State of Texas for the right -of -way and related facilities for State Highway 45, Licensor may terminate this license and remove any improvement constructed within the Property pursuant to this License. Additionally, Licensor may terminate this license and remove any improvement constructed within the Property pursuant to this License after six (6) month's written notice to Licensee. Indemnity 7. Licensee shall comply with the requirements of all applicable laws, rules and regulations, and shall indemnify and hold harmless Licensor, its officers, agents and employees from and against any and all claims, losses, damages, causes of action, expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, or for damage to any property, arising out of or in connection with Licensee's exercise of the license under this Agreement. 2. 8. Licensee assumes full responsibility for its exercise of the license, and hereby releases, relinquishes and discharges Licensor, its officers, agents and employees, from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to, including death, of person (whether they be third persons, contractor, or employees of either of the parties hereto) and any loss of or damage to property (whether the same be that either of the parties hereto or of third parties) caused by or alleged to be caused, arising out of, or in connection with Licensee's exercise of the license under this Agreement whether or not said claims, demands and causes of action in whole or in part are covered by insurance. 9. This Agreement shall be construed under and accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. c• \rear \saws \GLENGROS.EAS /cdc Release Venue Notice 10. Notice shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. mail to the following addresses: LICENSOR: City of Round Rock 221 East Main Street Round Rock, Texas 78664 LICENSEE: Catlyn Round Rock, Ltd. 100 Crescent Court Suite 250 Dallas, Texas 75201 Successors 11. This License shall inure to the benefit of the Licensee and any subsequent owner of the Adjacent Property. 3. IN ITNESS WHEREOF, this AGREEMENT is executed on this �Q day of > , 1997. CITY OF ROUND ROCK By= 17 Charles Mayor CATLYN ROUND ROCK, LTD., a Texas limited partnership By: CATLYN-CAPITAL CORP., a Texas corporation, General Partner By: Robert L. Trimble Executive Vice - President STATE OF TEXAS COUNTY OF WILLIAMSON BEFORE ME, the undersigned, a notary public in and for said county and state, on this day personally appeared CHARLES CULPEPPER, as Mayor of the City of Round Rock, a Texas Home Rule Municipality, on behalf of said municipality, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration therein expressed. Given under my and , nd seal of office on this the tfv ( ➢ ran i 997. O - day of c \ TEXT \SEPUOS \ClENGROS Ens /cdc ACKNOWLEDGMENT 4 NOTARY PUBLIC the State of Texas STATE OF TEXAS ) M COUNTY OF 22gcLA BEFORE ME, the undersigned, a notary public in and for said county and state, on this day personally appeared Robert L. Trimble, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration therein expressed, on behalf of CATLYN CAPITAL CORP, a Texas corporation, the General Partner of CATLYN ROUND ROCK, LTD, a Texas limited partnership, on behalf of said partnership. Given under my h nd and seal of office on this the J5 day of 97 .� / A PUBLIC in and for e State of Texas Please return to: C. \TEXT \SEPUDS \GLENGROS EAS /cde ACKNOWLEDGMENT Brown McCarroll Sheets and Crossfield, L. L. P. 309 East Main Round Rock, Texas 78664 5. JOYCE PITKIN Notary Public State of Texas Commission Expires 10-26 -97 { EXHIBIT g O 11.1 IR N 14 tl1 ° 3 Q U 5A' pF ("4415. " S'.1(0 V£ " d"PTv,ife, EVEIYN HICKtn+ m 'CKE / 5 0 1 - J Q ARCEL A ROUND ROCK =Pal ROAD g o LTD 1002 / 1 & Wife, O SCA SMAN • pC. (7 \5, soo Sa.FTJ 22.50 AC R J. GROSSMAN EDITK CROS 217 / 117 m • h a A0 k 0 P 384`29'9o 588.76 11 ( //OW ° 25 '3c ' 566.52' I 3 5.30 8 �) a =t -.o � 7 5.52' n ••� ` - N 335 • _ ��n PC• M N. 20 � o _14i .. 1 °2.022 ) m O h li fi h • 150. AC. CO 5B6 °Z7` 30'C, 457. 20' (sow. z8 30'E, 18.878 pC 1g22,350 5°. T. o f .15 Pc. 457 :,3 to' jam • ti p a a y. O G . J a`_ • LI SAMS ; 1 r _'r�, r } `ps =C 0,1. ) N) 4( 4- 0 74/ - 77 - 71‘4C/ Doc# 9717066 # Pages: 6 Date : 04-21-1997 Time : 02:00:19 P.M. Filed & Recorded in Official Records of WILLIAMSON County, TX. ELAINE BIZZELL COUNTY CLERK Rec. $ 19.00 STAN OF I '5inry On WILLIAMSON This is to canny thai this document t'47.1 FILED mad RECORDED In its Otilcial Public Records at Williamson C0124 Texas on tha dale and tire tiara* thalCom 6 teone,/s.d. , COUNTY CLERK wiLtiAmsoN mow) tEnz WHEREAS, the City of Round Rock, Texas, is the owner of the public right -of -way along Louis Henna Boulevard, and WHEREAS, Catlyn Round Rock, Ltd., the owner of the real property located immediately north and adjacent to the right -of- way, desires to exercise certain rights and privileges upon the public right -of -way located along Louis Henna Boulevard, 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 License Agreement with Catlyn Round Rock, Ltd. for the construction and maintenance of a monument sign, landscaping, related irrigation and paving in and upon the public right -of -way located along Louis Henna Boulevard, a copy of which is attached hereto as Exhibit "A ". RESOLVED this 10th day of April, 1997. ATTEST: JOANNE LAND, City Secretar C+ViSTIAJE mAkTNEL, ASSY. K. \ XPpOLS \PESOLVII \AS)O4100.WP0 /,c0 RESOLUTION NO. R- 97- 04- 10 -14D CHARLES C PEPPER, Mayor City of Round Rock, Texas LICENSE AGREEMENT NOW, THEREFORE, it is agreed as follows: C: \TEXT \SRPODS \GLENGROS.RAS /edc License 1. ORIGINAL FILED BUT NOT COMPARED APR 21 1997 County Clerk, Wd6Rm= Co. T% This Lice se Agreement (the "Agreement ") is made this ID day of > , 1997, by and between the CITY OF ROUND ROCK, (hereinafter "Licensor "), a Texas home rule municipality, and CATLYN ROUND ROCK, LTD., a Texas limited partnership, (hereinafter referred to as "Licensee "). WHEREAS, Licensor is the owner of the real property (hereinafter, "Property ") described as 3.356 acres, out of the ASA Thomas Survey, Abstract No. 609, in Williamson County, Texas, more further described in Exhibit "A ", attached hereto and incorporated herein; and WHEREAS, Licensee is the owner of the real property (hereinafter, "Adjacent Property ") immediately north and adjacent to the Property; and WHEREAS, Licensee desires to exercise certain rights and privileges upon the Property; and WHEREAS, Licensor desires to grant Licensee certain rights and privileges upon the Property; and 1. Licensee shall have the right to install, construct, operate, maintain, replace, upgrade, and repair a "for sale" or "for lease" sign; a Monument Sign or Signs; and entry features for projects constructed on the Adjacent Property. It is further understood that the installation, construction and design of all signs and entry features shall be in compliance with all existing ordinances, including sign ordinances, of the City of Round Rock, Texas. 2. Licensee shall have the right to install, construct, operate, maintain, replace, upgrade, and repair landscaping (exclusive of trees, but inclusive of underground irrigation) on the Property. It is further understood that the installation, construction and design of the landscaping shall be in compliance with all existing ordinances, including landscape ordinances, of the City of Round Rock, Texas. 3. Licensee shall have the right to install, construct, operate, maintain, replace, upgrade, and repair paved entry ways across the Property from the existing paved roadway known as Louis Henna Boulevard to the Adjacent Property. It is further understood that the installation, construction and design of the entry ways shall be in compliance with all existing ordinances of the City of Round Rock, Texas. 4. It is understood that this Agreement creates a license only and that Licensee does not and shall not claim at any time any interest or estate of any kind in the public rights -of -way located within the Property by virtue of this license, and Licensee's activities within the Property shall not interfere with the use thereof by Licensor or the State of Texas for the right -of -way and related facilities for State Highway 45. Consideration 5. In consideration for this license, Licensee shall pay Licensor $10.00 and other valuable consideration paid by Licensee to Licensor. Termination 6. If at any time Licensor determines that Licensee's activities under this License interfere with the use of the Property by Licensor for any public purpose or the State of Texas for the right -of -way and related facilities for State Highway 45, Licensor may terminate this license and remove any improvement constructed within the Property pursuant to this License. Additionally, Licensor may terminate this license and remove any improvement constructed within the Property pursuant to this License after six (6) month's written notice to Licensee. Indemnity 7. Licensee shall comply with the requirements of all applicable laws, rules and regulations, and shall indemnify and hold harmless Licensor, its officers, agents and employees from and against any and all claims, losses, damages, causes of action, expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, or for damage to any property, arising out of or in connection with Licensee's exercise of the license under this Agreement. C: \'ran' \SEPUDS \GLENGROS EAS /Cdc 2. 8. Licensee assumes full responsibility for its exercise of the license, and hereby releases, relinquishes and discharges Licensor, its officers, agents and employees, from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to, including death, of person (whether they be third persons, contractor, or employees of either of the parties hereto) and any loss of or damage to property (whether the same be that either of the parties hereto or of third parties) caused by or alleged to be caused, arising out of, or in connection with Licensee's exercise of the license under this Agreement whether or not said claims, demands and causes of action in whole or in part are covered by insurance. 9. This Agreement shall be construed under and accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. c. \'TEXT \EEPUDS \QLENGROS.EAS /cdc Release Venue Notice 10. Notice shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. mail to the following addresses: LICENSOR: City of Round Rock 221 East Main Street Round Rock, Texas 78664 LICENSEE: Catlyn Round Rock, Ltd. 100 Crescent Court Suite 250 Dallas, Texas 75201 Successors 11. This License shall inure to the benefit of the Licensee and any subsequent owner of the Adjacent Property. 3. IN ITNESS WHEREOF, this AGREEMENT is executed on this it ' day of , 1997. CITY OF ROUND ROCK By: Mayor CATLYN ROUND ROCK, LTD., a Texas limited partnership By: CATLYN CAPITAL CORP., a Texas corporation, General Partner By: 4 Robert L. Trimble Executive Vice - President STATE OF TEXAS COUNTY OF WILLIAMSON BEFORE ME, the undersigned, a notary public in and for said county and state, on this day personally appeared CHARLES CULPEPPER, as Mayor of the City of Round Rock, a Texas Home Rule Municipality, on behalf of said municipality, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration therein expressed. ii under my _Q hand and seal of office on this the ' (J- day of l r 97. 1)1 CIA±CA:(•Q C:\TBXT \semms \CLENGROS.ens /Cdc ACKNOWLEDGMENT 4. NOTARY PUBLIC in and for the State of Texas STATE OF TEXAS COUNTY OF 1»u.4' j BEFORE ME, the undersigned, a notary public in and for said county and state, on this day personally appeared Robert L. Trimble, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration therein expressed, on behalf of CATLYN CAPITAL CORP, a Texas corporation, the General Partner of CATLYN ROUND ROCK, LTD, a Texas limited partnership, on behalf of said partnership. given under my hand and seal of office on this the /6 day of a .r' . , 1997. // Ni V PUBLIC in and for the ate of Texas Please return to: C \TEXT \SSFW5 \CLENCROS.v "c /cdc ACKNOWLEDGMENT Brown McCarroll Sheets and Crossfield, L. L. P. 309 East Main Round Rock, Texas 78664 5. JOYCE PITKIN Notary Public Stote of TeXas Comminlon EXplres lazb97 , Q• 2 0 P � P G h;n co cu co 4 v + `m V Q N oo N m --v£ t'E% fu E -t.`CN .i+CKER50• a .:fe. ' 526 / 50 N N V u j t h PARCEL 5 ' 0 K COUNT'! ROAD ROUND 8070 LTD 1002 / 584'25'50"e, sea. 7e' riY64 ° 25 "3c","3c",'"/, '/, 58B 52' 16.430 AC' X715, 8OO SC F S.I / 22.50 AC./ et wife, EOITi OSCAR J. GROSSMAN 21T 3 / 117 • 3 5.30 8 1 , � $ 8 ‘ 4.a0 ADZ ta a te- . . 95 °y2 c 5 6 � N g3 O A N o � 2 AC m eicz t ei e gt 6 yZ yZ ' L. 1 1 2.0 on ' • N 4 m • NC. NV to C A � ft\ • (586 °2B'50', 811..1_8 W 4 GAEL` N. wife,r / 137 / 3 JANE / 21 . .. : 1 ' V III r I '` // o i ^`= m AC 457.;3') 1 ♦1••��_: . j�. N \ • R A �� N .2.45-.1-4 OF (986't °_`. 734 ?r/, V9.) � 586 •27'3o 457.20 f a s (,e/ J`r. a. 3 r 1 J ' � Date: April 8, 1997 Subject: City Council Meeting Apri110,1997 Item: 14.D. Consider a resolution authorizing the Mayor to execute a license agreement with Catlyn Round Rock, Ltd. for a monument sign, landscaping, related irrigation, and paving located in the public right -of -way along Louis Henna Blvd. Staff Resource Person: Joe Vining Staff Recommendation: Approval This license agreement is being prepared to allow for the smooth transition of 150 feet of ROW along Louis Henna Blvd. from the Catlyn Round Rock, Ltd. to the City of Round Rock and later from Round Rock to TXDOT. It is the policy of TXDOT not to accept deeds with any restrictions or provisions. At the same time the owners want to insure certain rights within this dedicated ROW, and they are as follows. 1) Install irrigation and maintain the 150 of ROW as a groomed vegetative area. 2) Provide access to Louis Henna Blvd. (SH45) from all adjacent lots. 3) To allow monument identification sign to be placed within the ROW area, and later moved at the owners expense with the construction of SH-45. This agreement allows the developer the right to the above conditions until such time that TXDOT requires its removal for the construction of SH 45. Mayor Charles Culpepper Mayor Pro -tem Earl Pahaer Council Members Robert Stluka Rod Morgan Rick Stewart Martha Chavez Jimmy Joseph City Manager Robert L Bennett, J, Qty Attorney Stephan L Sheets CITY OF ROUND ROCK April 28, 1997 Robert L. Trimble Executive Vice - President Catlyn Round Rock, Ltd. 100 Crescent Court Suite 250 Dallas, TX 75201 Dear Mr. Trimble: 221 East Main Street Round Rock, Texas 78664 512-218-5400 The Round Rock City Council approved Resolution No. R- 97- 04- 10 -14D at their regularly scheduled meeting on April 10, 1997. Enclosed is a copy of the resolution and License Agreement for your files. If you have any questions, please do not hesitate to call. Sincerely, Enclosure(s) Fax: 512- 218.7097 J Joanne Land Assistant City Manager/ City Secretary 1-800-735-2989 IUD 1-800-735-2988 Voice GLENN /GROSSMAN TRACT S 1r_ 111111.11 10% • %/1_I II1111111I1 a&