CM-06-11-212ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
Mayor
NyleMaxwell
MayorPro-tem
Alan McGraw
Council Members
RufusHoneycutt
JoeCli fiord
Carlos T. Salinas
ScottRhode
TedWilliamson
City Manager
James R.Nuse.PE.
City Attorney
Stephan L. Sheets
November 14, 2006
Doug Carroll
President
Estates of Oak Bluff I Homeowners Association
98 San Jacinto Blvd, Suite 100
Austin, Texas 78701-4280
Dear Mr. Carroll:
This letter is to acknowledge that the City of Round Rock agrees to reimburse the
Estates of Oak Bluff I Homeowners Association (the "Association") the sum of
$15,000 as its share of the cost to construct a limestone wall (the "Wall") within
the public right-of-way on the east side of CR 122 abutting the Estates of Oak
Bluff I subdivision.
The Association agrees to construct the Wall in accordance with the standards
approved by the City, and to allow the City to inspect and review the
construction of such Wall at all pertinent phases.
The $15,000 payment shall be done and payable after the Wall is completed and
within 30 working days after the City has received a final invoice from the
Association.
Sincerely,
City Manager
cc: David Kautz, Assistant City Manager
Cindy Demers, Finance Director
Tom Word, Chief of Public Works Operations
Tom Martin, Transportation Director
C t
106635.doc/cdc
CITY OF ROUND ROCK ADMINISTRATIVE DEPT., 221 EastMainStreet• Round Rock, Texas78664
Phone: 512.218.5401 • Fax:512.218.7097•www.roundrocktexas.gov
LICENSE AGREEZMIT
This -Agreement is made this IIth
day
2006, by and between the CITY OF ROUND
-"Licensor"), a Texas home Tule-municipality,
BLUFF HOMEOWNER'S ASSOCIATION, (hereinafter,
one or more).
of M 4ILb'4
ROCK, 1(hereinafter
and £StAT£S OF OAS{
"Licensiee", whether
Whereas, Licensor is the owner of certain real property,
which is the public right-of-way along the eastern' boundary of
CR 122,as depicted in Exhibit "A", attached Hereto and
incorporated herein -(herei.n.aftex., "JProperty") ; and
Whereas, Licensee desires to- -exercise -certain rights and
privileges upon public - rights-of-way located Iwithin the
Property; and
Whereas, Licensor desires to grant Licensee ceirtain,rights
and privileges upon public rights-of-way within the 17roperty;
_Q , THEREFORE., _it is agreed as follows:
License
1. Licensee shall have the Tight to install, construct,
operate, maintain, upgrade, and repair a neighborhood wall,
landscaping, lighting 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 neighborhood wall, landscaping, lighting or irrigation
systems, Licensee shall present a detailed construction plan,
with associated irrigation, to the Director of Planing and the
Chief of Public Works Operations for review and approval.
It is further understood that Licensee must conly with all
other requirements of the Code of Ordinances of Ithe City of
Round Rock, Texas.
104750 Oak Bluff license agreement
It is further understood that Licensor has no duty to
maintain, operate, replace, upgrade, or repair any improvement
made by Licensee in or upon the Property, including the _payment
of any fees of any kind associatedwithany improvements.
Consideration
2. In consideration for this license, Licensee shall pay
LiL..easoT $10.0 end cfthct valuable LonsideruLinn -paid by
Licensee to Licensor.
Nonassignable
3. This license granted in this Agreement is personal to
Licensee or any property owners association createdlto maintain
Licensee'.s improvements This Agreement is not assignable by
Licensee to any entity other than such property owners
association without the prior written consent of Licensor. Any
assignment of this Agreement without such consent will
automatically terminate the license. 'Notwithstanding the
foregoing, Licensee shall be permitted to assign Licensee's
license under this Agreement to any entity acquiring all or a
portion of Licensee's property adjacent to the Propelrty provided
such assignee assumes Licensee's obligations and rights granterd
under th; s Agreement, and upon such assignment and assumption
Licensee shall be released from any and all obligations
hereunder accruing -after such assignment.
is/ auina1s1-e at Mill
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 the 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
2.
fees, for injury to or death of any person, or for djamage 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,
contractors, or employees of either of the parties hereto) and
any loss of or damage to property (whether the Blame 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:
ASSOCIATION:
City of Round Rock
ATTN: James R. Nuse, City Manager
221 East Main Street
Round Rock, Texas 78664
Estates of Oak Sluff Homeowner's
Association
ATTN: Doug Carroll
3.
IN WITNESS WHEREOF, this AGREEMENT is executed on this lifki
day of r��j�ug t,�uL4 2006.
CITY OF ROUND ROCK
By.
STATE OF TEXAS
§
COUNTY OF WILLIAMSON
S R. NUSE, City Manager
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 fort the purpose
and consideration therein expressed.
Given under myand and seal of office on this the
c)96 day of M.b�r_cr g_a__ , 2006.
4.
/?)7"4°4'1.-..-"‘t44/1.----
TARY PUBLIC in land for the
State of Texas
ESTATES OF OAK BLUFF HOMEOWNER'S
ASSOCIATION
By: j530.,5 C0J-e#4
Its:
Printed `iame ' Dc� Carv,.4
Title:
STATE OF TEXAS
COUNTY OF WILLIAMSON
BEFORE ME, ME, the undersigned, a notary public in ;and for said
c ty d state, on ts day personally appeared
a 1Cv NU.L` 11-05-cf,j'c of Estates of
Oak Bluff Homeowner's 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
1
under my and and seal. of officeon this the
day of dJf gc/L.— , 2006.
NOARY PUBLIC in and for
the State oflTexas
After Recording, Please Return To:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
5.
}
4
Estates of Oak Bluff Fence Drawing - 3 Sections
South CR-122 Top(Sectional)View of Project Area, CR-122 North
NOT TO SCALE--Concept Drawing only } j
I t
1
CR-122 ROW CR-122 ROW } CR-122 ROW
3walk Slftalk ;Idewalk
once ' _ enc
........................... I-- .._. _........_.._.._....... ................_. �..�.._..� �.._............... �—
ubeiea uth Section of Feng o Middle ftctlon of Fence i North Section of Fence
J
c
Homeowner's Lot Homecwne'a Lot Homeowners Lol 1 �j I Homeowner's Lot
I m
= I I v 1
PfUy P LIiuKy 1 11 Property
in
I I I 1 I
The fence will be located appprogimately I foot east of and parallel
to the sidewalk on the east side of CR 122.The fence shall begin
approximately 250 feet south of Woodland Loop and continue to
approximately 220 feet north of woodland Lane.
90!12108
DATE: November 9, 2006
SUBJECT: City Manager Action - November 16, 2006
ITEM: Consider action to execute License Agreement and Reimbursement Letter
Agreement with the Home Owner's Association with the Estates of Oak Bluff
for construction of a masonary wall within the City Right of Way (ROW) on
Red Bud Lane.
Department: Transportation Services
Staff Person: Thomas G. Martin, P.E.
)ustification:
The Home Owner's Association desires to construct a masonary wall along Red Bud Lane
within the City's ROW. The License Agreement sets forth the terms and conditions of the
HOA constructing the masonary wall within the City's ROW. The Reimbursement Letter
Agreement provides for the City to reimburse the HOA $15,000.00 or 25%, whichever is
less of the total cost of the construction of the masonary wall.
Funding:
Cost: $15,000.00
Source of funds: Self Financed General Construction
Outside Resources: N/A
Background Information:
Base on a previous verbal agreement with the HOA, the City had agreed to compensate the
HOA for 25% of the cost of the construction of a masonary wall along Red Bud Lane. This
participation level was based on the frontage of a lot, previously owned by the City adjacent
to Red Bud Lane. The License agreement was necessary to allow the HOA to construct the
masonary wall without having to relocate certain utilities that were located along the
property line of the sub -division.
Public Comment: