CM-12-01-017Item Caption:
Cfr1_I2_O(-ORECEIVED
JAN 252012
City Manager Approval Form
Consider executing an Amendment of Deed Restriction
Approval Date: January 18, 2012
Department Name: Utilities and Environmental Services Department
Project Manager: Michael Thane - Utility and Environmental Services Director
Assigned Attorney: Steve Sheets
Item Summary:
On August 15, 2001, Dell Computer Holdings, L.P. (Dell) conveyed to the City of Round Rock the property where a City elevated
storage tank (EST), referred to as South 81 EST, has been constructed. The deed contained specific reservations, restrictions, and
exceptions in regards to logos that can be placed on the EST. Dell and the City wish to amend the specific reservation, restriction,
and exception of the deed in regards to the logos. The amendment states that the City shall have the right to have painted on
the EST, that is located on the property, the name of the City or any official logo, symbol, or lettering adopted by the City. The
City shall not have the right to have a logo, mascot, or other symbol, commercial advertisement or any other wording, lettering,
picture, or symbol of any kind temporarily or permanently for any entity other than the City.
No. of Originals Submitted: 2
Project Name:
Cost:
Source of Funds:
Amendment of Deed Restriction
N/A
Select Source Fund
Source of Funds (if applicable): Select Source Fund
Account Number:
Finance Director Approval: S. Carter for Cheryl Delaney
Date: 01/25/2012
Department Director Approval: Michael Thane Date: 1/23/2012
**Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. **
CIP ❑ Budget
N/A OK
a❑
N/A OK
Purchasing
❑a
Accounting
N/A OK N/A OK
ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL
REV. 6/20/11
•
0
111111111111111111111111111111111111111111111111111111111111 REST
2 PGS
AMENDMENT OF DEED RESTRICTION
2012025539
WHEREAS, on August 15, 2001, Dell Computer Holdings, L.P., ("Dell") a Texas
limited partnership entered into a Special Warranty Deed ("Deed"), conveying to the City of
Round Rock, Texas ("City") certain property described in Exhibit "A", ("Property") said Deed
being recorded as document number 2001062869 in the Official Public Records of Williamson
County, Texas; and
WHEREAS, said Deed contained two specific reservations, restrictions and exceptions;
and
WHEREAS, Dell and the City now wish to amend the specific reservation, restriction
and exception numbered as paragraph 2. on page 2 of the Deed, NOW THEREFORE
Dell, for good and valuable consideration, receipt of which is acknowledged, hereby
agrees to amend the specific reservation, restriction and exception numbered as paragraph 2 on
page 2 of the Deed to read as follows:
2. The use of the Property by Grantee, its successors, and assigns is limited to the
installation, use and operation of a water storage/distribution system and related
improvements including the construction of an elevated storage tank Grantee
shall have the right to have painted on any elevated storage tank located in
whole or in part on the Property the name of Grantee and any official logo,
symbol, or lettering adopted by Grantee. Grantee shall not have the right to have
painted thereon any logo, mascot, or other symbol, commercial advertisement or
any other wording, lettering, picture or symbol of any kind temporarily or
permanently for any entity or person other than Grantee, without the prior
written consent of Grantor or its successors, given or denied in its sole
discretion, such consent to be evidenced by an instrument of record in the
Official Public records of Williamson County, Texas.
Executed this PAay of
00201490.DOC
CIA- tZ--cI- 011-
, 2012 .
201X•
GRANTOR:
DELL COMPUTER HOLDING, L.P.,
a Texas limited partnership
By: Dell Gen. P. Corp.,
its general partner
By: (kit
Printed Name:
Title:
AGREED AND ACCEPTED:
GRANTEE:
CITY UND RO TEXAS
STATE OF TEXAS
COUNTY OF WILLIAMSON
Steve Norwood, City Manager
This instrument was acknowledged before me on this the /4 day of the month of
Alava, , 2014, by 0,77 Mil , of Dell Gen. P. Corp,
General Partner of Dell Computer Holdings, L.P., a Texas limited partnership, on behalf of said
partnership for the purposes and consideration therein expressed.
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this theday of the month of
, 2012.3 by Steve Norwood, City Manager of the City of Round Rock, a Texas
home ruld municipality, on behalf of said City for the purposes and consideration therein
expressed.
After Recording Return To:
Stephan L. Sheets
Sheets & Crossfield
309 E. Main St.
Round Rock, Texas 78664
2
6r414/L,
f�.
Notary Public, State of Texas
ARA L Wit
MY COMMISSION EXPIRES
Jrp11,2012