CM-2001-037POSSESSION AND USE AGREEMENT FOR PARK PURPOSES
STATE OF TEXAS
COUNTY OF WILLIAM S ON §
This Possession and Use Agreement ("Agreement,") effective the .20 day of September, 2001
between the City of Round Rock, Texas, a home rule municipal corporation (the "City"), and
RRE Investors, L.P., a Texas limited partnership(the "Grantor"), grants an irrevocable right to
possession and use to the City, its contractors, agents, assigns and all others deemed necessary by
the City for the purpose of constructing hike and bike trails and associated park improvements
(the "Project"). The property (the "Property") involved is described as follows:
Lot 4, Round Rock Express Subdivision, Section One, a subdivision within the
City of Round Rock, Williamson County, Texas as recorded in Cabinet S, Slide
156, Plat Records of Williamson County, Texas.
1 For the consideration paid by the City which is set forth in Paragraph 2. below, the receipt
and sufficiency of which is acknowledged, Grantor(s) grant, bargain, sell and convey to
the City exclusive possession and use of the Property for the purpose of constructing the
Project and appurtenances thereto and the right to remove any improvements. This
Agreement will extend to the City, its contractors, assigns and/or owners of any existing
utilities on the Property and those which may be lawfully permitted on the Property by the
City in the future. This grant will allow the construction, relocation, replacement, repair,
improvement, operation and maintenance of these improvements and utilities on the
Property.
2. In full consideration for this irrevocable grant of possession and use, the City will tender
to the Grantor(s) the sum of Ten Dollars ($10.00). The Grantor(s) agrees that this sum
represents adequate and full compensation for the possession and use of the Property. The
City will be entitled to take possession and use of the Property upon tender of payment.
3. Grantor further warrants that no other person or entity owns an interest in the fee title to
the Property. This grant is, however, subject to the rights and interests of those parties
holding encumbrances or easements of record as of the date hereof.
4. The City agrees to indemnify and hold harmless the Grantor from any and all claims, costs
or expenses that may arise out of the construction of the Project.
5. The purpose of this Agreement is to allow the City to proceed with its construction project
without delay.
6. The rights and privileges granted herein by Grantor shall automatically terminate if the
City permanently abandons or no longer requires use of the Property or fails to commence
construction of the contemplated Project within one (1) year of the date hereof.
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7. This Agreement will also extend to and bind the heirs, devisees, executors, administrators,
legal, representatives, successors and assigns of the parties.
8. It is agreed the City will record this document. At such time as the Property is conveyed to
the City or its assigns by warranty deed, this Agreement will terminate for all purposes.
To have and to hold the Agreement herein described and conveyed, together with all the
rights and appurtenances belonging to the City and its assigns forever, for the purposes and
subject to the limitations set forth above.
In witness whereof, this instrument is executed on this the AO day of September, 2001.
Grantor:
RRE Investors, L.P., a Texas limited partnership
BY:
By:
Accepted and agreed to by the City this the
City o
By:
s, Inc., its General Partner
Reid Rya
sident
day of September, 2001.
and ock. Texas
R• • _► . B -`ett, its City Manager
Acknowledgmen
STATE OF TEXAS
§
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on September / byReid Ryan, President of
P Y
RRE Holdings, Inc., general partner of RRE Investors, L.P a y xas, mited partnership, a limited
partnership.
e*1
MY COMMISSION EXPIRES
EMILY S. MERRILL
it
.,, NOVEMBER 24, 200=3
Notary Public in and for
the State of Texas
My commission expires
/U Y Z t/ , 2003
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(signature)
(typed name)
STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on September 2D , 2001 by Robert L. Bennett,
City Manager of the City of Round Rock, Texas.
CHRISTINE R. MARTINEZ
MY COMMISSION EXPIRES
August 28, 2005
0,1‘) E • (signature)
CIIPJ$Di6 £• l 7447INEr?d � (typed name)
Notary Public in and for
the State of Texas
My commission expires
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