Loading...
R-99-03-25-10B2 - 3/25/1999RESOLUTION NO. R- 99- 03- 25 -10B2 WHEREAS, the City of Round Rock, Texas is the owner of the public right -of -way located at Wyoming Springs Drive and Lot 1, Block G, Stone Oak at Round Rock, Section 1, Amended, and WHEREAS, the Stone Oak Owner's Association, Inc. desires to exercise certain rights and privileges upon the unpaved portion of the public right -of -way located at Wyoming Springs Drive and Lot 1, Block G, Stone Oak at Round Rock, Section 1, Amended, 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 Stone Oak Owner's Association, Inc. for the right to install, construct, operate, maintain, upgrade, and repair landscaping and irrigation systems in and upon the public right -of -way located at Wyoming Springs Drive and Lot 1, Block G, Stone Oak at Round Rock, Section 1, Amended, a copy of which is attached hereto and incorporated herein for all 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 25th day of Marc / CHARLES CULPE'PPEF[, Mayor 1. ST: City of Round Rock, Texas 4,1 AI Ak' /AAILM I t LAND, City Secretary K:\ WPDOCS \RESOLDII \R90325P2.WPO /scq LICENSE AGREEMENT This Agreement is made this day of 0 lcutick) 1999, by and between the CITY OF ROUND ROCK, (hereinafter "Licensor "), a Texas home rule municipality, and the STONE OAK OWNERS ASSOCIATION, INC., (hereinafter, "Licensee "). Whereas, Licensor is the owner of the real property (hereinafter, "Property "), which is the public right -of -way as depicted in Exhibit "A ", attached hereto and incorporated herein; and Whereas, Licensee desires to exercise certain rights and privileges upon public rights -of -way located within the Property; and Whereas, Licensor desires to grant Licensee certain rights and privileges upon public rights -of -way within the Property; and NOW, THEREFORE, it is agreed as follows: H: \TEXT \ROUNDROC \LICENSE \STONEOAR.WPD /cdc License 1. Licensee shall have the right to install, construct, operate, maintain, upgrade, and repair landscaping and irrigation systems in, over and upon public rights -of -way located within the Property, as described in Exhibit "A ". 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 current or subsequent landscaping or irrigation systems, Licensee shall present a detailed landscaping plan, with associated irrigation, to the Director of Planning and the Director of 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 Property, including the payment of any fees 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. Nonassignable 3. This license is personal to Licensee. It is not assignable, and any attempt to assign this license will terminate the license. Terminable at Will 4. This Agreement is terminable by either party at will by the 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 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. 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, 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. Venue 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. Notice 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: 2. CITY: City of Round Rock ATTN: City Manager 221 East Main Street Round Rock, Texas 78664 COMPANY: Attn: IN WITNESS WHEREOF, this AGREEMENT is executed on this ash, day of MIA) , 1999. CITY OF ROUND ROCK By: STONE OAK OWNERS ASSOCIATION, INC. By: di Printed ame : A/2 Z Title: A�SSa�?n}TiDN HANA4. 3. S 4YMayor CHARLES 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 h nd a seal of office on this the day of , 1999. CHRISTINE R. MARTINEZ MY COMMISSION EXPIRES August 5, 2001 STATE OF TEXAS COUNTY OF IRAwo 4. ziti/24' NOTARY PUBLIC in and for the State of Texas BEFORE ME, the undersigned, a notary public in and for said county n and state, on this, day _personally appeared f4i iDY 1£10 , as IisseGATmv N Mc for STONE OAK OWNERS ASSOCIATION, INC. , 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 107µ day of Agog , 1999. N OTARY PUBL C i and for the State of Texas W'cst, " CONSULTING ENGINEERS AND SURVEYORS K.C. ENGINEERING, INC. 4601 SOUTH LAMAR BOULEVARD SUITE 230 PHONE: (512) 892 -5585 EXHIBIT Page 1 of 2 METES AND BOUNDS DESCRIPTION AUSTIN, TEXAS 78743 FAX (512) 892.5586 MODEM: (512) 892 -6165 BEING 0.4347 OF ONE ACRE OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212 IN WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF STONE OAK AT ROUND ROCK, SECTION I AMENDED, A SUBDIVISION OF RECORD IN CABINET M, SLIDE 354 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated point at the intersection of the north right -of -way line of F.M. 1431 (200' R.O.W.) and the east right -of -way line of Wyoming Springs Drive (90' R.O.W.), for the southeast corner of the herein described 0.4347 acre tract and the southwest corner of a 9.63 acre, remainder portion of a 1437.45 acre, tract conveyed to Tom E. Nelson, Jr. by deed of record in Volume 571, Page 446 of the Real Property Records of Williamson County, Texas; THENCE South 70 ° 25'39" West along the north right -of -way line of F.M. 1431 a distance of 140.00 feet (record - South 70°19'37" West 140.00 feet) to a 1/2" rebar found at the intersection of the north right -of -way line of F.M. 1431 and the west right -of -way line of Wyoming Springs Drive, for the southeast comer of Lot 26, Block G, of said Stone Oak at Round Rock, Section I amended; THENCE along the west right -of -way line of Wyoming Springs Drive and the east line of Lot 26 and Lot 1, Block G, Stone Oak at Round Rock, Section I Amended, the following two (2) courses; 1. Along a curve to the left having a radius of 25.00 feet a delta angle of 90 ° 18'20" (record - 89 a length of 39.40' (record - 39.26'), and a chord which bears North 25 °26'21" East 35.45 feet (record - North 25 °20'19" East 35.35 feet) to a 1/2" rebar found; 2. North 19 °39'00" West a distance of 152.14 feet (record - North 19 ° 39'00" West 152.19 feet) to a 1/2" rebar found at the intersection of the west right -of -way line of Wyoming Springs Drive and the south right -of -way line of Top Rock Lane (50' R.O.W.) for the northeast corner of said Lot 1, Block G, Stone Oak at Round Rock, Section I Amended; THENCE along the south right -of -way line of said Top Rock Lane and the north line of Lot 1, Block G, Stone Oak at Round Rock, Section I Amended, along a curve to the left having a radius of 20.00 feet a delta angle of 42 °46'35 ", a length of 14.93', and a chord which bears North 41 ° 13'30" West 14.59 feet to a calculated point; THENCE crossing through the right -of -way of Top Rock Lane North 20 °20'21" West a distance of 15.72 feet to a calculated point; THENCE crossing through the rights -of -way of Top Rock Lane and Wyoming Springs Drive, North 70 ° 21'00" East a distance of 95.40 feet to a calculated point in the east right -of -way line of Wyoming Springs Drive and the west line of said 9.63 acre, remainder portion of a 1437.45 acre, tract from which a 1/2" rebar found in the east right -of -way line of Wyoming Springs Drive bears North 19 ° 39'00" West a distance of 60.72 feet; THENCE along the east right -of -way line of Wyoming Springs Drive and the west line of the 9.63 acre, remainder portion of a 1437.45 acre, tract the following two (2) courses; 1. South 19 ° 39'00" East a distance of 181.42 feet to a calculated point; EXHIBIT 1 2. Along a curve to the left having a radius of 25.00 feet a delta angle of 90 ° 37'29" (record - 90 °01'23 "), a length of 39.54' (record - 39.28'), and a chord which bears South 64 °27'08" East 35.55 feet (record - South 64 °49'31" East 35.36 feet) to the POINT OF BEGINNING. This parcel contains 0.4347 of one acre of land, more or less, out of the Ephraim Evans, Abstract No. 212 in Williamson County, Texas. Description prepared from an on- the - ground survey made during February 1999. Bearing Basis: West right -of -way line of Wyoming Spring Drive (90' R.O.W.). Date red Professional Land Surveyor State of Texas No. 4938 Job Number: 438 -98004 Attachments: Survey Drawing L: \CHTEX \PASO \MASTER \43800301.DWG File: L: \CHTEX\PASO \MASTER \43800301.EN 2,. * aqp Qv O Page 2 of 2 WYOMING SPRINGS DRIVE (90' R.O.W.) .'TRAFFIC. ISLAND , LEGEND • 1/2" REBAR FOUND 0 CALCULATED POINT ( ) RECORD INFORMATION WASTE WATER MANHOLE N19'39'00 "W 60.72' 519'39'00 "E 181.42' Li rLJ E2 I0 V1 O ¢qm V) O .2 '� L7 ^ C �1 I U' ,�� WO n N 3z =o . ? _ 2 § ',A od�z In I �Opay w y Noti 22 @-..' sN z 2 Z I z 2 W m O � 3 • 3 Ev 2 o LOT 1 BLOCK 1 STONE OAK AT ROUND ROCK SECTION 1 AMENDED CABINET M, SLIDE 354 ATTACHMENTS: METES AND BOUNDS DESCRIPTION L: \CHTEX \PASO \MASTER \43800301.FN CURVE TABLE CURVE RADIUS LENGTH CHORD BEARING DELTA C1 25.00 39.54' 35.55' 564'27'08'E 90'37'29" (C1) 25.00 39.28' 35.36' 564'49'31E 90'01'23" C2 25.00 39.40' 35.45' N25'26'211" 90'18'20" (C2) 25.00 39.26' J5.35' N25'20'19E 89'58'37" C3 20.00 14.93' 14.59' N41'13'301 42'46'35" C4 25.00 34.23' 31.61' N31'13'42 "E 78'2619" (C4) 25.00 34.24' 31.62' N31'05'44E 7627'47" C5 25.00 5.12' 5.11' N1,709'02"W 11'4416" (C5) 25.00 5.02' 5.02' N13'53:35 IV 11'30'50" L1 LINE TABLE LINE DIRECTION DISTANCE 1 ? N20'20'211' 15.72' 9.63 ACRES REMAINDER PORTION OF 1437.45 ACRES TOM E. NELSON, JR. VOL. 571, PC. 446 N19'39'00 "W 152.14' (N 19'39'001V 152.19') BASIS OF BEARING LOT 1 BLOCK G STONE OAK AT ROUND ROCK SECTION 1 AMENDED CABINET M, SLIDE 354 L07 2 BLOCK G (C5) ' POINT OF /BEGINNING ole Professional Land Surveyor Stole of Texas No. 4938 A Date: March 19, 1999 Subject: City Council Meeting - March 25,1999 Item: 10.B.2. Consider a resolution authorizing the Mayor to execute a license agreement with the Stone Oak Owners Association. This license agreement allows landscaping and irrigation systems in the public rights of way located on Wyoming Springs Drive and Lot 1, Block G, Stone Oak at Round Rock Section 1 Amended. Staff Resource Person: Joe Vining, Planning Director Date: Deliver To: From: RE: Stone Oak Entry Welcome Home TRANSMITTAL MEMORANDUM 03/12/99 Susan Brenham City of Round Rock — Department of Planning 221 E. Main St., 3' Fl. Round Rock, Texas Sue Pepe Young Land Development Continental Homes of Austin dba Milburn Homes 4515 Seton Center Parkway, Suite 200 P.O. Box 9802 -682 (78766) Austin, Texas 78759 (512) 345-4663 Fax: (512) 345 -6080 Attached is the signed License Agreement for the referenced project. Please call me if you have any questions or concerns. Thanks.