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R-99-10-14-13F3 - 10/14/1999CITY OF ROUND ROCK IAN /Ie/tt Mayor Robert A. Bunko. Jr. Mayor Pro-tem Martha A. Ch•ez Council Members Tom Nielson Earl M. Hairston Rick Stewart Earl Palmer Jimmy Joseph City Manager Robert L Bennett, Jr. City Attorney Stephan L Sheets October 22, 1999 John Hilz 1985 Forest Lane Garland, Texas 75042 Dear Mr. Hilz: 221 East Main Street Round Rock. Texas 78664 512 - 218 -5400 The Round Rock City Council approved Resolution No. R- 99- 10- 14 -13F3 at their regularly scheduled meeting on October 14, 1999. This resolution is for the installation of a private wastewater line under the public right -of -way located within South Creek Drive. Enclosed is a copy of the resolution and original agreement for your files. If you have any questions, please do not hesitate to call. Sincerely, kb14°L oanne Land Assistant City Manager/ City Secretary Enclosure(s) Fax: 512 -218 -7097 1-800-735-2989 TDD 1- 800 - 735 -2988 Voice www.ci.round- rock.tx.us RESOLUTION NO. R- 99- 10- 14 -13F3 WHEREAS, the City of Round Rock, Texas is the owner of the public right -of -way located within South Creek Drive, and WHEREAS, South Round Rock Creek Partners, Ltd. desires to exercise certain rights and privileges under the public right -of -way located within South Creek 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 South Round Rock Creek Partners, Ltd. for the right to install a private wastewater line under the public right -of -way located within South Creek Drive, 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 14th day of Oct - - 1999. A,TaST: If . ///.uil% •■11/410 LAND, City Secretary K: \WPOOCS \RESOLUTI \R91014F7.WPO /sc9 ROnERT A. STLUKA,/ R., Mayor City of Round Rock, Texas LICENSE AGREEMENT This Agreement is made this /7 -day of 1999, by and between the CITY OF ROUND ROCK, (hereinafter "Licensor "), a Texas home rule municipality, and the SOUTH ROUND ROCK CREEK PARTNERS, LTD., (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: C: \TEXT \ROUNDROC \LICENSE \SOUTH.NPD /cdc License Consideration 1. Licensee shall have the right to install, construct, operate, maintain, upgrade, and repair private wastewater line under 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 prior to the installation of any improvement, Licensee shall present a detailed plan,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. 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 2. and shall be deemed received when sent postage prepaid U.S. mail to the following addresses: CITY: City of Round Rock ATTN: City Manager 221 East Main Street Round Rock, Texas 78664 IN I N SS WHEREOF, this AGREEMENT is executed on this /4Pi day of , 1999. CITY OF ROUND ROCK SOUTH ROUND ROCK CREEK PARTNERS, LTD. BY: ITS : COMPANY: Attn: John Hilz SOUTH ROUND ROCK CREEK PARTNERS, LTD. 1985 Forest Lane Garland, TX /5042 3. 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 Robert A. Stluka,Jr., 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. r' Given under my h d and seal of office on this the 1 J 1 day of � (:(Y SLY /L/ , 19947. CHRISTINE R. MARTINEZ MY COMMISSION EXPIRES August 5, 2001 STATE OF, _TF - .0 COUNTY OF WILLIAMSON ) BEFORE ME, the undersigned, a notary public in and for said county and state, on this day personally appeared John Hilz , as Partner for SOUTH ROUND ROCK CREEK PARTNERS, LTD. , 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 30th day of September, 1999 , X18. 4. c If i NOTARY PUBLIC in and for the State of Texas in and for State of Texas FIELD NOTES DESCRIPTION OF A PARCEL OF LAND FIFTEEN (15) FEET WIDE, LOCATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS, BEING OVER AND ACROSS A PORTION OF SOUTH CREEK DRIVE, A SIXTY (60) FOOT WIDE RIGHT -OF -WAY DEDICATED BY THE PLAT OF SOUTH CREEK, SECTION ONE. A SUBDIVISION OF RECORD IN CABINET F, SLIDE 66 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS. THE CENTERLINE OF THE SAID PARCEL BEING MORE PARTICULARY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point on the east right -of -way line of the said South Creek Drive, the same being the west line of Lot 1, Block B, South Creek, Section 19, a subdivision of record in Cabinet G, Slides 110 -111 of the Plat Records of Williamson County, Texas, from which a 34 inch diameter steel pin found at the beginning of a twenty (20) foot radius curve to the right at the northwest corner of the said Lot 1 bears N 15 °14 "49" E, 581.40 feet; THENCE, N 74 °45'11" W, a distance of 60.00 feet along the centerline of the said 15 foot wide parcel to the POINT OF TERMINATION on the west right -of -way line of South Creek Drive, from which a'14 inch diameter steel pin found at the northeast corner of Lot 2, Block A, Amending Plat of Lots 2 and 3, Block A, South Creek, Section 19, a subdivision of record in Cabinet R Slides 70 and 71, Plat Records of Williamson County, Texas bears N 15 °14'49" E, 33.19 feet; Lenz & Associates, Inc. 1714 Fortview Road, Suite 101 Austin, Texas 78704 (512) 443-1174 981027b.doc FIELD NOTES TO ACCOMPANY MAP OF SURVEY CENTERLINE DESCRIPTION -` 8 i yq Timothy A. Lenz, R.P.L.S. No. 43 SCALE: LEGEND 1 ._ 50 , • gi NOTED) aue. na' N7vrr EASEMENT D.F. DRAINAGE 6493 ENT ® ARCA OF LEASE ACAEEYCNI LOT 1. BLOCK A CABINET "G ", SLIDES 110 -111 PLAT RECORDS OF WILLIAMSON COUNTY. TEXAS LOT 2, BLOCK A AMENDING PLAT OF LOTS 2 AND 3, BLOCK A SOUTH CREEK SECTION 19 CABINET R. SLIDES 70 -71 PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS 11 15'14'49" E 33.19' 10 1 r Qs SURVEYED BY LENZ & ASSOCIATES, INC. 1714 FORT NEW ROAD, SUITE 100 AUSTIN, TEXAS 78704 PA01:991111 LRD( 9LC1pM 19 -L011. 9.11% 9/98-IOI11 A AQREIert MAP FlELD NOTES °UN�pEq �� P.O.B. 900 SO. FT. LOT 1, BLOCK 8 7.427 AC. SOUTH CREEK SECTION 19 CABINET G, SLIDES 110 -111 PLAT RECORDS OF WIWAMSON COUNTY, TEXAS LINE TABLE uE 1 BEARING I DST. LI I N74'4511"I i 61100 SCALE: LEGEND 1 ._ 50 , • gi NOTED) aue. na' N7vrr EASEMENT D.F. DRAINAGE 6493 ENT ® ARCA OF LEASE ACAEEYCNI LOT 1. BLOCK A CABINET "G ", SLIDES 110 -111 PLAT RECORDS OF WILLIAMSON COUNTY. TEXAS LOT 2, BLOCK A AMENDING PLAT OF LOTS 2 AND 3, BLOCK A SOUTH CREEK SECTION 19 CABINET R. SLIDES 70 -71 PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS 11 15'14'49" E 33.19' 10 1 r Qs SURVEYED BY LENZ & ASSOCIATES, INC. 1714 FORT NEW ROAD, SUITE 100 AUSTIN, TEXAS 78704 PA01:991111 LRD( 9LC1pM 19 -L011. 9.11% 9/98-IOI11 A AQREIert MAP FlELD NOTES °UN�pEq �� P.O.B. 900 SO. FT. LOT 1, BLOCK 8 7.427 AC. SOUTH CREEK SECTION 19 CABINET G, SLIDES 110 -111 PLAT RECORDS OF WIWAMSON COUNTY, TEXAS DATE: October 8, 1999 SUBJECT: City Council Meeting — October 14, 1999 ITEM: 13.F.3. Consider a resolution authorizing the Mayor to execute a License Agreement with South Round Rock Creek Partners, Ltd., to install a private wastewater line under public rights -of- way located within South Creek Drive. This agreement places the responsibility of maintenance and repairs of the private wastewater line with the South Round Rock Creek Partners, Ltd. Staff Resource Person: Jim Nuse, Public Works Director.