CM-06-01-017DATE: February 1, 2006
SUBJECT: City Manager Approval at the February 3, 2006 Staff
Meeting
ITEM:
Consider a resolution authorizing the City Manager
to execute a License Agreement with the Ryans
Crossing Owners Association for the right to install
a monument sign, landscaping and irrigation in the
median of Nolan Ryan Boulevard at its intersection
with U.S. Highway 79 pursuant to the construction
plans approved 09/30/05.
Department: Planning
Staff Person: Jim Stendebach, Planning Director
Nicole Crutchfield, Principal Planner
Justification: To beautify the City of Round Rock's residential
communities and public rights-of-way.
Funding:
Cost: None
Source of funds: None
Outside Resources: N/A
Background Information:
The construction plans have been approved
by the Development Review Committee,
which includes the review by the Planning
Department and Engineering and
Development Services Department. A street
cut permit and sign permit are also required
for this project.
Public Comment: None required.
LICENSE AGREEMENT
This Agreement is made this 344.
day of ,
2006, by and between the CITY OF ROUND ROCK, (hereina ter
"Licensor"), a Texas home rule municipality, and the RYAN'S
CROSSING OWNERS ASSOCIATION, (hereinafter, "Licensee", whether
one or more).
Whereas,
(hereinafter,
depicted in
herein; and
Licensor is the owner of the real property
"Property"), which is the public right-of-way as
Exhibit "A", attached hereto and incorporated
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:
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", and to
install a Monument Sign, in accordance with the City of Round
Rock Sign Ordinance, in the median of Nolan Ryan Boulevard at
its intersection with U.S. Highway 79.
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.
\\Plansrvr\planning\License Agreement\Ryans Crossing\Ryans Crossing Agreement.DOC
Lm -o( C(- oi'i
It is further understood that Licensee must comply with all
other requirements of the Code of Ordinances of the City of
Round Rock, Texas.
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 granted in this Agreement is personal to
Licensee or any property owners association created to maintain
Licensee's Improvements. This Agreement is not assignable. Any
assignment of this Agreement will automatically terminate the
license. Notwithstanding the foregoing, Licensee shall be
permitted to assign Licensee's license under this Agreement for
any entity acquiring all or a portion of Licensee's property
adjacent to the Property provided such assignee assumes
Licensee's obligations and rights granted under this Agreement,
and Licensee shall be released from any and all obligations
hereunder accruing after such assignment.
Terminable at Will
4. This Agreement is terminable by either party at will by
the giving of actual notice to the other party.
termination, any improvements
property of Licensor and it
need to reimburse Licensee
improvements.
Upon
to Property will become the
is agreed that Licensor will not
for any costs expended for said
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.
\\Plansrvr\planning\License Agreement\Ryans Crossing\Ryans Crossing Agreement.DOC/cdc
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:
CITY: City of Round Rock
ATTN: James R. Muse, City Manager
221 East Main Street
Round Rock, Texas 78664
COMPANY: RYAN'S CROSSING OWNERS ASSOCIATION
c/o RealManage
12335 Hymeadow Dr., Ste. 300
Austin, TX 78750
IN WI NESS WHEREOF, this AGREEMENT is executed on this
day of
, 2006.
3.
CITY OF ROUND ROCK
By:
JfE\S R. NUSE, City Manager
Ryan's Crossing Owner's Association
By:
Printed : Hector A. Salas
Title: President
4.
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 JAMES R. NUSE,
as City Manager 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
B rci day of Friortkpj
SHERRI MONROE
Notary Public, State of Texas
My Commission Expires
MAY 7,2007
STATE OF TEXAS
COUNTY OF WILLIAMSON
§
§
§
, 2006.
NOTARY PUBLIC in and for the
State of Texas
BEFORE ME, the undersigned, a notary public in and for said
county and state, on this day personally appeared
IL#k , `7(1 1 ct-of RYAN' S
CROSSING OWNERS ASSOCIATION, on behalf of said association,
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 and seal of office on this the
day of vel.
After Recording, Please Return To:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
5.
, 2006.
NOTARY PUBLIC in and for
the State of Texas
CELLA RUBIO
ROTARYKSUC$TATEOFTEMAS
mmmu oar EXPIJ1I$;
MR 1 RCH 6, 2007
RYAN'S CROSSING
SUBDIVISION; SECT. ONE
DOC. # 2000029876
(P.R.W.C.)
LOCATION OF SIGN
SKETCH OF MEDIAN
FOR
LICENSE AGREEMENT
"Exhibit A"
MEDIAN
1,456 SQ. FT.
(0.0334 AC.)
\\
LANDSCAPE AREA
CURVE TABLE (RECORD)
CURVE
RADIUS
LENGTH
DELTA
CHORD BRG
CHORD
(C1)
25.00'
40.79'
9329442"
N16'52'14"E
36.42'
(C2)
11400.00'
84.03'
0075'20"
883'47'27"W
84.03'
(C3)
25.00'
37.58'
86'07'16'
872'56'15'E
34.14'
NUMBER
Radius
Length
Delta Angle
Chord Bearing
Chord Length
C1
25.00
3.79
08'41'40"
N25'33'29"W
3.79
C2
4.00
11.96
171'16'51*
N64425.467'
7.98
03
5.50
17,29
180'04'57"
360'04'11"W
11.00
Wa
rn
POINT OF
BEGINNING
POINT OF
COMMENCEMENT
NUMBER
DIRECTION
DISTANCE
L1
N21' 12'39 "W
18.09'
LOT 55, BLOCK "L"
RYAN'S CROSSING
SECTION II
DOC. # 2000029896
P.R.W.C.
L.O.
RYAN'S CROSSING OWNERS
ASSOCIATION, INC.
2.226 AC.
DOC.# 2004089029
O.P.R.W.C.
•
A
LEGEND
1/2" IRON REBAR FOUND
CALCULATED POINT
LIGHT POLE
LANDSCAPING LIGHT
CURBING
MEDIAN
LIVE OAK
OFFICAL PUBLIC RECORDS OF WILL)AMSON COUNTY
PLAT RECORDS OF WILLIAMSON COUNTY
G
,t sl
•14`ocN
SCALE IN all
40
40
JOB NUMBER: 003-04-006 DRAWING NAME: 003006.dwg
PROJECT NAME: DR HORTON/RYANS CROSSING
DATE: 8/24/05 1 SCALE: 1"= 40'
DRAWING FILE PATH:
L:\DRHORTON\RYANS CROSSING\DWGS
FIELDNOTE FILE PATH:
L:\DRH0RT0N\RYANS CROSSING\FNOTES\UCAGRYANO79.daa
RPLS: JB
TECH: HAS
PARTYCHIEF: JT
SHEET 3 of 3
FI£LD90OKS:
CHK BY: HAS
Request for City Council/City Manager Action
City Council
City Manager
Submit completed form for ALL City Manager and City Council approvals.
Department Name:
Contact Person:
Planning Department
Vickie Moreno/Kathy Miller
Project Manager/Resource: Nicole Crutchfield
Project Coordinator: Nicole Crutchfield
Assigned Attorney:
Charlie Crossfield
Council or City Manager
Approval/Agenda Date: City Manager- February 3, 2006
Blue Sheet Wording
Consider a resolution authorizing the City Manager to execute a License Agreement with Ryans Crossing Owners Association for the right to install a monument sign, landscaping and irrigation in
the median of Nolan Ryan Boulevard at its intersection with U.S. Highway 79 pursuant to the construction plans approved on September 30, 2005.
For Administration Use ONLY
Tag #: C.m-ou' `ON
1- 11
Documents:
Scan Date:
Return to:
Project Name: License Agreement for Ryans Crossing Owners Association
ContractorNendor: None
Funding Source: None
Amount: so.00
Finance Information
Is Funding Required? Yes El No
Finance Approval
Finance
XO Finance
Purchasing
LJBudget
Initial Construction Contract
Construction Contract Amendment
Change Order
Change in Quantity
Unforeseen Circumstances
Initial Professional Services Agreement
Supplemental Professional Svcs. Agr. #
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased:
Amount
Other (Please clearly identify action on lines below)
na L. Olsen
E. Wilson
N/A CYD
Date 2/1/2006
Date 1/31/2006
Date
Date
1/31/2006
For Submission to ALL City Council and City Manager Action Items
Project Mgr. Signature:
Dept. Director Signature*:
City Attorney Signature*:
City Manager Signature:
Date:
* Dept. Director and Le
pproval and is required for ALL items requesting City Manager/City Council approval.
Updated 6-9-05