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R-98-01-08-10B - 1/8/1998 tltt.•-••N.,, CITY OF ROUND ROCK {� 221 East Mein Store[ tttt Round Rack Texas 78664 "e'rt r 512218-5400 January 12,1998 Mr.Rob Regner,MBA Regner Realty 1910 Hermitage Suite 106B P.O.Box 483 Round Rock,TX 78680 Dear Mr.Regner: The Round Rock City Council approved Resolution No.R-98-01-08-1013 at their regularly scheduled meeting on January 1,1998. 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, �1�&wL' Joanne Land Assistant City Manager/ City Secretary Mayor Charles Culpepper Enclosure(s) Mayor Pro-tem Earl Palmer Council Members Robert Siluka Rod Morgan Rick Slcwart Manha Chavez Jimmy Joseph City Manager Robert L Bennett,Jr. City Attorney Stephan L Sheers Fu:512-218-7097 1.800-735-29891DD 1-800-735-2988 Voice + + »+ *...— -COMM. JOURNAL- **.*x*M*********** DPTE JPN-09-1998 **** T'.^1E 14:11 *** P.21 MCDE _ 'IEIORY TRANSMISSI0M1 START=JRN-09 14:05 END-JAN-OF 14:11 FILE NO.=188 STN NO. --Olt PSBR N0. STRTION 4RME/TEL.NO. PPGES DURPTION 001 Ol s 93100441 0101010 02:25'55' -C'T' OF ROUND RCC,C - -5122187097 - ***** - 5`_22187097- **.*.**** CITY OF ROUND ROCK 221 EAST MAIN STREET ROUND ROCK,TEXAS 78664 TELEPHONE# 912-M&SW FAX# 571-278-7097 31MUAxntA ?EA PAGE DATE-—1—9-R� TOTAL PAGES INCLUDING COVER Simmm—)-L— ATTENTION: DEPARTMENT: COMPAM: FAX ........ ................................................................. FROM: DEPARTMENT: DEPT.PHONEN COMPAXY: City of Round Rock,Texas ............................................................................. If you are having Problems meivh%this W2,Please Call 532,218410L RESOLUTION NO, R-98-01-08-1013 WHEREAS, Earl Stein owns property located within the city limits, and WHEREAS. Earl Stein desires to pave a portion of the City's right-of-way on west Liberty Avenue from San Saba Street to the property, and WHEREAS, the City Council desires to enter into a License Agreement granting Earl Stein the right to construct, maintain, use and repair a paved, asphaltic private drive on said portion of the City's right-of-way , 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 Earl Stein, a copy of such agreement being attached hereto and incorporated herein for all intents and purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which. this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 8th day of Jan Uall i 8. �f CHARLES CUL EP , Mayor AT ST: City of Round Rock, Texas J "ELAND, City Secretary K:\WPOOCS\RESO=I\RS80108B.WP/.cg LICENSE AGREEMENT STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS AGREEMENT,is made and entered into this the S day of 1 W6 199�, by and between the CITY OF ROUND ROCK, TEXAS, a Texa municip I corporation ("Licensor"), and EARL STEIN, d/bf-- Ttt"3-11AUS, its successors and assigns ("Licensee"). RECITALS WHEREAS, Licensee owns and occupies real property located within the city limits of Round Rock, Williamson County, Texas, said property being more particularly described in Exhibit "A," attached hereto and incorporated herein for all intents and purposes (the"Property"); and WHEREAS, Licensee desires to pave West Liberty Avenue from San Saba Street to the Property; and WHEREAS,there is approximately 21,600 square feet of unused right-of-way for use as indicated on Exhibit"B,"attached hereto and incorporated herein for all intents and purposes (the"License Parcel"); and WHEREAS, Licensee's use of said right-of-way would not adversely affect the public's use of said right-of-way, and Licensor has no immediate need for the License Parcel; NOW THEREFORE,for and in consideration of TEN AND NO/100THS DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, Licensor and Licensee hereby agree as follows: 1. Licensor hereby grants and demises unto Licensee the right to construct, maintain, use and repair a paved, asphaltic private drive on the License Parcel. 2. The license granted shall be revocable by Licensor at such time as the City Council of Licensor declares that it intends to use the License Parcel for any reason whatsoever.At such time, Licensor shall give to Licensee, its successors or assigns, sixty (60) days written notice of Licensor's intent to use the License Parcel. 3. Licensee further agrees to indemnify Licensor against liability, loss, or damage Licensor may suffer as a result of costs or judgment against Licensor arising out of any use upon the License Parcel. 4. The license granted herein is assignable by Licensee, its successors and assigns, with the written consent of Licensor, to any subsequent owner of the Property. This Agreement shall be binding upon and enforceable by the parties hereto, and their respective successors and assigns. 5. This license, until its expiration or revocation, shall run with title to the Property,and the terms and conditions hereof shall be binding on any subsequent owner or holder thereof. Licensee shall cause any immediate successor in interest to have actual notice of this License Agreement. 6. This license shall expire automatically upon removal of any improvements located on the Property pursuant to the license, and shall expire as to any portion of said improvements upon the removal, whether or not all of the proposed improvements are removed. 7. Neither the granting of this license, nor of any related permit, constitutes an abandonment by the Licensor of its property, easement or easements, or any other rights in and to the Property. Licensee expressly stipulates and agrees by Licensee's acceptance of this license that Licensee neither asserts or claims any interest to any right of any type or nature whatsoever, either legal, equitable or otherwise in and to Licensor's property. 8. The notice required of Licensor herein shall be in writing and shall be deemed to have been properly delivered as of the date such notice is hand delivered to the occupant of the Property of deposited in the United States Mail, certified or registered mail, return receipt requested, postage prepaid, addressed to Earl Stein, 3702 Interstate Highway 35 South, New Braunfels, Texas, 78130. 9. As a condition of the granting of this license, Licensee agrees to allow the current and future owners of the property described in Exhibits"C"and "D"one access each to said driveway. Refusal to allow this access will result in an automatic termination of this Agreement. IN WITNESS WHEREOF,the partied hereto have executed this agreement on the day and year first written above. LICENSOR: CITY F ROUND ROCK, TEXAS Charles Culp pp r, Mayor LICENSEE: EARL STEIN, d/b/a - RATIO­ HAUS STATE OF TEXAS § COUNTY OF WILLIAMSON § � This instrument was acknowledged before me on the 1� day of 199 5 , by Charles Culpepper, Mayor, City of Round Rock, Texas. i� LL ^ �> Notary Public, State of Texas (, — Printed Name: My Commission Expires: ,x STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on the day of SAni G�?c Y 199 , by Earl Stein, d/b/a Patio Haus. 3uLG Notary Public, State of Texas � n,c '' Printed Name: 1,2060 My Commission Expires: Exhibit "A-1" FIELD NOTES FrFT D NOTFS FOR 09726 ACRES OUT OF THE WILEY HARRIS SURVEY ABSTRACT 298 IN THE CITY OF ROUND ROCK,TEXAS BEING ALL OF LOTS 7 AND 8 BLOCK 27 OF THE ORIGINAL QTY OF ROUND ROM A SUBDIVISION RECORDED IN BOOK 25 PG. 314 OF THF. WILLIAMSON COUNTY, TEXAS DEED RECORDS ALSO BEING ALL OF A 0.75 ACRE TRACI'RFMRDE:D IN VOL. 2431 pG. 1&5 OF THE WILLIAMSON COUNTY, TEXAS DEED RECORDS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY MEI'ES AND BOUNDS AS FOLLOWS: BEGINNING at an iron pin set at the East terminus of the South R.Q W.of W'est Liberty Street,also being the Northwest corner of said Lot 8,also being the North corner of said 0.75 acre tract tar the Northwest turner of this tract and the POINT OF BEGINNING. THENCE N 72°07'41'F with the South R.O.W.of West Liberty Street,passing the North common corner of said Lots 8 and 7,in all a distance of 108.00 feet to an iron pin set at the North common corner of said Lot 7 and Lot 6 for the Northeast corner of this tract. THENCE S 1,7'25'00"E,125,N)feet to an iron pin set at the South common corner of said Lots 7 and 6,also being on the North R.O.W.of a 20 foot alley. THENCE 5 72°07'41,W,20.95 feet to an iron pin set at the West terminus of the North R.O.W. of said 20 foot alley also being On the East line of said 0.75 acre tract. THENCE S 61°15'00"E with the West terminus of said 20'alley,27.83 feet to an iron pin set at the Northwest corner of a tract conveyed to Dorothy Munson in Vol.643 Pg.554 of the Williamson County,Texas Deed Records, THENCE S 17°25'00"E with the West line of said Munson tract 206.00 feet to an iron pin set at the West corner of said Munson tract,also being on the North line of a tract conveyed to Glenn synnott in Vol. 1678 Pg.358 of the Williamson County,Texas Deed Records.for the Southeast corner of this tract. THENCE with the North line of said Synnott tract the following two tracts: 1) N 45°15'00'W,20.00 feet to an iron pin set. 2) N 84°45'00"W, 1700 feet to an iron pin set 80 East of the East R.O.W.of Interstate Highway No.35 for the Southwest corner of this tract. THENCE N 04'40'35'W 80'East of and parallel to the East R.O.W.of Interstate Highway No.35, 273.73 feet to the POINT OF BEGINNING and containing 0.9726 acres more or less. . ws� i r I� rJ III lr _ - I'oh x��� EXHIBIT "A-2' POPOGRARHIC SURVEY 05 �—� ^� � r )F' 7'1zE th'ILEY HARRIS RICHTON 0.9�v6 ACRE; OC.T C C SURVEY ABSTRACT NO 298 IN THE CITY Nn 6550CrAres OF RM ND ROCS, TEXAS BEING ALL OF LOTS nerons- 7 AND 8 BLOCK 27 OF TF.E ORIGINAL CITY . r �e OF ROJIyD ROCk, A SLBD'IVISION RECORDED IN CABINET A ELIDE 190 OF TIIE WILLIAMSGN COUNTY, TEXAS PLAT RECORDS ALSO BEING AI,L OF A 075 ACRE TRACT RECORTED IN VOLUME 2431 PAGE 185 OFFICIA 3ECORDS OF WILLIAMSON a_6_av me No. c<_aes COUNTY, TEXAS. sce e i = nHC.no, a<<eT Exhibit "B" r A , i .. - f RIM�fV NV, tn l � � r I r i I m= \a& J Exhibit "C" Being all of Lots 4, 5, and 6, Block 27 City of Round Rock, Original Plat P v e P�st�ri Round Rock Ave y N N N a w Bagdad St Exhibit "D" Being all Block 30 City of Round Rock, Original Plat Gerson Abe An "� Austin pie �Round q -- ock qve cP N N � N t Q N N Bagdad St DATE: December 29,1997 SUBJECT: City Council Meeting,January 8,1998 Item: 10.13. Consider a resolution authorizing the Mayor to execute a license agreement authorizing Far]Stein,d/b/a/Patio Haus,to construct a private drive extension of the parking lot on West Liberty Avenue by paving a portion of San Saba Street to the property. Staff Resource Person: Joe Vining Staff Recommendation: Approval This is the formal agreement to establish access improvements for this site,which was required with the final plat review of the Olsen Subdivision. The final plat concerning this property was approved by the Planning and Zoning Commission on December 17,1997.