R-98-08-13-10D1 - 8/13/1998RESOLUTION NO. R- 98- 08- 13 -10D1
WHEREAS, the City of Round Rock, Texas, is the owner of the
public right -of -way located along Sandy Brook Drive, and
WHEREAS, SDC StoneyBrook Partners, L.P., the owner of the
real property located adjacent to the right -of -way, desires to
exercise certain rights and privileges upon the unpaved portion of
the public right -of -way located along Sandy Brook Drive, 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 SDC Stoney Brook
Partners, L.P. for the right and responsibility to install,
construct, operate, maintain, replace, upgrade, and repair an
approved Area Identification Sign, and landscaping and irrigation
systems in and upon the public right -of -way located along Sandy
Brook Drive, a copy of which is attached hereto as Exhibit "A".
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 13th day of August, 1998.
K.% WPIXC5,RESOLUTY \a8001301 WPD /,cy
ATTEST:
E LAND, City Secretary
2
CHARLES CULPEPP Mayor
City of Round Rock, Texas
1 I—L —,wwo 1 111 /YM rKUM LAW U1 l W b`.i / /'J^bl
License Agreement
This Agreement is made this 1,7- day of 1995", by and between the City
of Round Rock, (hereinafter "Licensor"), a Texhome rule municipality, and SDC
StoneyBrook Partners, L.P. (hereinafter, "Licensee").
Whereas, Licensor is the owner of the real property (hereinafter, "Property ")
commonly known as StoneyBrook, and more particularly described in Exhibit A attached
hereto; and
Whereas, Licensee desires to exercise certain rights and privileges upon the
unpaved portion of public rights- of-way located within the Property; and
Whereas, Licensor desires to grant Licensee certain rights and privileges upon the
unpaved portion of public rights -of -way within the Property: and
NOW, THEREFORE, it is agreed as follows:
License
1. License shall have the right and responsibility to install, construct, operate,
maintain, replace, upgrade, and repair an approved Area Identification Sign (as defined
in Section 3.114I1. Code of Ordinances, City of Round Rock, Texas, 1990 Edition), and
landscaping and irrigation systems in and upon public rights -of -way located within the
Property.
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.
It is further understood that before the installation of any improvement, Licensee
shall present a detailed site plan, indicating the location of the Area Identification Sign,
and a landscaping plan, with associated irrigation, to the directors of Planning and
Public Works for review and approval.
It is further understood that Licensor has no duty to maintain, operate, replace,
upgrade or repair any improvement in or upon the public rights -of -way located within
the Property, including the payment of any fees or bills of any kind associated with any
improvements.
Consideration
2. In consideration for this license, Licensee shall pay Licensor $10.00 and
other valuable consideration paid by Licensee to Licensor.
G
PI cc 1u.:7V 011, 1»1
Nonassignable
3. This license is personal to Licensee. It is not assignable, and any attempt
to assign this license will tenninate the license.
Terminable at Will
4. This Agreement is tertninable by either party at will by giving of actual
notice to the other party. Upon termination, any improvements to Property will become
the property of Licensor and it is agreed that Licensor will not need to reimburse
Licensee for any costs expended for said improvements.
Indemnity
5. 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 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.
Release
6. 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, 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 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.
Licensee further releases, relinquishes and discharges Licensor, its officers, agents
and employees, from all claims, demands and causes of action of every kind and
character, for any loss of, or damage to, property placed by Licensee upon the public
rights -of -way described in this Agreement, whether or not the claim or cause of action is
the fault of Licensor.
2
1 1 - LL - 1 000 1 1: 1 0,M r KUM LMVY ur r 11.0 010 7 U' / /701 r. u
7. 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.
8. 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:
IN WITNESS WHEREOF, this AGREEMENT is executed on this I " day of
Arg.u5I, 1998.
Licensor:
Cl iJO j a ROCK
By: C 44&LEs CW,P6PPERi
Its: mayoR-
Licensee:
SDC StoneyBrook Partners, L.P.
Venue
Notice
CITY: City of Round Rock
Attention: JoANnIE LANG
COMPANY: SDC StoneyBrook Partners, L.P.
Attention: Haythem Dawlett
3160 Bee Caves Road, Suite 300
Austin, Texas 78761
3
221 East Main Street
Round Rock, Texas 78664
1 - CC - I ��b IiSF'M I LAW UFF1Ut ti1b 5.7` /51
STATE OF TEXAS
COUNTY OF WILLIAMSON
STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned, a notary public in and for said country and state,
on this day personally appeared "RR2ES CuLAVAlcP, as /2"A/4 yog 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 hand and seal of office on this the /3 day of ALi6 057. ,
1998.
CHRISTINE R. PiARTlNE7
MY COMMISSION EXPIRES
AUgust 5, 20,01 J +
4
BEFORE ME, the undersigned, a notary public in and for said county and state, on this
day personally appeared Haythem Dawlett, as 1/!/ : for SDC
StoneyBrook Partners. L.P_, on behalf of said corporation, know 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 express.
ik-
Given under my hand and seal of office on this the /2- day of
�nur - n� , 1998.
lr_,L
L. DONALDSON
MY COMMISSION EXPIRES
December 1, 2001
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the State of Texas
NOTARY PUBLIC in and for
the State of Texas
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CHANDLER ROAD
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EXHIBIT "A"
Replat of Stoney Brook Section Three "A", a subdivision in Williamson County, Texas, according to
the map or plat thereof recorded in Cabinet 0, Slides 318 - 319, Plat Records of Williamson
County, Texas.
SDC
AUSTIN COMMUNITIES INC.
Ms. Amelia Sondgeroth
City of Round Rock
Department of Planning and Development
221 East Main Street
Round Rock, Texas 78664
RE: Request for Approval to Locate an Area Identification Sign In and Upon a Public Right -of-
Way; Stoney Brook Subdivision, Round Rock, Texas
Dear Amelia:
SDC StoneyBrook Partners, L.P. requests approval to locate a Subdivision Entry Monument in and
upon a Public Right -of -Way in the Stoney Brook Subdivision. I have enclosed the following
documents per your instructions:
1. Legal Description of the Subject Property;
2. License Agreement prepared for execution between the City of Round Rock and SDC
StoneyBrook Partners, L.P;
3. Blueline drawing showing the proposed Neighborhood Entry Sign, Location and Landscape
Information.
Please contact me at your earliest convenience regarding the date of submission for approval or if
you require any additional information or clarification.
Sincerely,
Leslie Donaldson
Project Finance Director
SDC Austin Communities, General Partner of
SDC StoneyBrook Partners, L.P.
RECEIVED
MAY 2 8 1998
CITY OF ROUND ROCK
PLANNING DEPARTMENT
3160 BEE CAVES RD. • SUITE 300 • AusrIN, TEXAS 78746 • 512.306.1444 • FAX 512.306.1620
Jul -13 -98 01:55P SDC Austin Communities 512 306 1626
SDC
AUSTIN COMMUNITIES INC.
July 13, 1998
Mr. Tim Jenkins
City of Round Rock
Department of Planning and Development
221 East Main Street
Round Rock, Texas 78664
RE. Request for Approval to Locate an Area Identification Sign In and Upon a Public Right -of-
Way; Stoney Brook Subdivision, Round Rock, Texas
Dear Tim:
SDC StoneyBrook Partners, L.P. has requested approval to locate a Subdivision Entry Monument
in and upon a Public Right -of -Way In the Stoney Brook Subdivision. Pursuant to our
conversations, the monument will be located outside of the sight line distance angle and will
placed at an angle facing Sandy Brook Drive. I have marked the entry map to show the relocation
of the monument.
Please contact me at your earliest convenience if you require any additional information or upon
the issuance of a building permit.
Sincerely,
l�veA�1�-
Leslie Donaldson
Project Finance Director
SDC Austin Communities, General Partner of
SDC StoneyBrock Partners, L.P.
x160 BFe CAv'LS RI). • SMITE .300 • AusriN, ThXAS 7874x, • 512.306.1444 • FAx 5 12.306.1620
JUL - 13 -1999 15:13
512 305 1620
via facim/le (512) 218 -7097
96%
P.02
P.02
Date: August 7, 1998
Subject: City Council Meeting, August 13, 1998
Item: 10.D.1. Consider a resolution authorizing the Mayor to execute a
license agreement with SDC StoneyBrook Partners, L.P.
for the construction and maintenance of a monument
sign, landscaping, related irrigation and paving in the
public right of way located along Sandy Brook Drive at
the entry to the Stoney Brook Subdivision. The Stoney
Brook Subdivision is located on the south side of Chandler
Road. Staff Resource Person: Joe Vining, Planning
Director.
Stoney Brook Section 3 -A
Final Plat
Mayor
Charles Culpepper
Mayor Pro-tem
Robert Stluka
Connell Members
Earl M. Hairston
Rick Stewart
Earl Palmer
Martha Chavez
Jimmy Joseph
City Manager
Robert L. Bennett- Jr.
City Attorney
Stephan L Sheets
CITY OF ROUND ROCK
SHIPPED 161998
5E T 'E:D SEP 1 61928
September 15, 1998
Mr. Haythem Dawlett
SDC StoneyBrook Partners, L.P.
3160 Bee Caves Rd, Ste 300
Austin, TX 78761
Dear Mr. Dawlett:
221 East Main Street
Round Rack Texas 78664
512- 218 -5400
The Round Rock City Council approved Resolution No. R- 98- 08 -13-
10D1 at their regularly scheduled meeting on August 13, 1998.
Enclosed is a copy of the resolution and License Agreement for your
files. If you have any questions, please do not hesitate to contact me.
Sincerely,
Joanne Land
Assistant City Manager/
City Secretary
Enclosures
Fax: 512 - 218-7097
1- 800.735 -2989 TDD 1-800- 735 -2988 Voice
www_ci, round- rockts.us