G-91-11-07-1299 - 11/7/1991STATE OF TEXAS +
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
1, JOANNE LAND, Assistant City Manager/City Secretary of the
City of Round Rock, Texas do hereby certify that the above and
foregoing is a true and correct copy of an ordinance passed and
adopted by the City Council of the City of Round Rock, Texas, at
at a meeting held on the Zt v day ofQ%Y�-((�QJ'U
,
19 , which is recorded in the minutes of the City of Round
Rock in book C
WITNESSED by my hand and seal of the City of Round Rock,
Texas on this 1 aI --- day of 19�
J NNE LAND
A sistant City Manager/
City Secretary
/ Brian L. Byrd
ORDINANCE NO. /
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION
11.305(2), CODE OF ORDINANCES, 1990 EDITION, CITY OF ROUND
ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE
SAID OFFICIAL ZONING MAP, TO WIT: TO CHANGE 2.56 ACRES OF
LAND MORE OR LESS, OUT OF THE JACOB M. HARRELL SURVEY,
WILLIAMSON COUNTY - TEXAS, AS DESCRIBED BELOW FROM
DISTRICT SF -2 (SINGLE FAMILY -STANDARD LOT) TO PLANNED
UNIT DEVELOPMENT (P.U.D.) DISTRICT NO. 5.
WHEREAS, an application has been made to the City Council of the City of
Round Rock, Texas to amend the Official Zoning Map to change the zoning
classification of the property described in Exhibit One, attached hereto, from District
SF -2 (Single Family -Standard Lot) to Planned Unit Development (P.U.D.) District
No. 5, and
WHEREAS, the amendment to the Official Zoning Map has been submitted
to the Planning and Zoning Commission for its recommendation and report, and
WHEREAS, the Planning and Zoning Commission held a public hearing
concerning the requested amendment on the 19th day of September, 1991, following
lawful publication of the notice of said public hearing, and
WHEREAS, after considering the public testimony received at such hearing,
the Planning and Zoning Commission has recommended that the Official Zoning
Map be amended so that the zoning classification of the above-described property be
changed from District SF -2 (Single Family -Standard Lot) to Planned Unit
Development (P.U.D.) District No. 5, and
WHEREAS, on the 22nd day of October, 1991, after proper notification, the
City Council held a public hearing on the requested change, and
WHEREAS the City Council has determined that the zoning classification
change provided for herein promotes the health, safety, morals and protects and
preserves the general welfare of the community, and
WHEREAS, each and every requirement set forth in Chapter 211, Subchapter
A, Texas Local Government Code, 1990 Edition and Section 11.300, Code of
Ordinances, 1990 Edition, City of Round Rock, Texas concerning public notices,
1
hearings, and other procedural matters has been fully complied with,
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
ROUND ROCK, TEXAS:
I.
That the City Council has hereby determined the Planned Unit Development
(P.U.D.) District No. 5 meets the following goals and objectives:
(1) P.U.D. No. 5 is in harmony with the general purposes, goals, objectives
and standards of the General Plan, and provides a buffer between
proposed higher density uses proposed for land to the east and single
family residential development to the west.
(2) P.U.D. No. 5 does not have an undue adverse effect upon adjacent
property, the character of the neighborhood, traffic conditions, parking,
utilities or any other matters affecting the public health, safety and
general welfare.
(3) P.U.D. No. 5 will be adequately serviced by essential public facilities and
services including streets, parking, drainage, water, wastewater
facilities, and other necessary utilities.
(4) P.U.D. No. 5 will be constructed, arranged and maintained so as not to
dominate, by scale and massing of structures, the immediate
neighboring properties or interfere with their development or use in
accordance with any existing zoning district.
H.
That the Official Zoning Map adopted in Section 11.305 (2), Code of
Ordinances, 1990 Edition, City of Round Rock, Texas is hereby amended so that the
2
zoning classification of the property described in Exhibit "One" attached hereto and
incorporated herein shall be, and is hereby changed from District SF -2 (Single
Family -Standard Lot) and shall be hereafter designated as PIanned Unit
Development (P.U.D.) No. 5, and that the Mayor is hereby authorized and directed
to enter into the planned Unit Development (P.U.D.) agreement hereto as Exhibit
"Two", which agreement shall constitute the Development and shall govern the
development and use of said property.
A. All ordinances, parts of ordinances, or resolutions in conflict herewith
are expressly repealed.
B. The invalidity of any section or provision of this ordinance shall not
invalidate other sections or provisions thereof.
Alternative 1.
By motion duly made, seconded and passed with an affirmative vote of all
the Council members present, the requirement for reading this ordinance on two
separate days was dispensed with.
READ, PASSED, AND ADOPTED on first reading this
Of ,1991.
Alternative 2.
day
READnd APPROVED on first reading this the `Ti {' day
('.T" - '' CA.-` ,1991.
of L
READ, APPROVED and ADOPTED on second reading this the 1I/ da
of �;� �r�"� 1991. y
ATTEST:
d�
J E LAND, ity Secretary
9?
MIKE ROBINSON, Mayor
City of Round Rock, Texas
EXHIBIT ONE
The Land referred to in this document is described as follows:
BEING 2.46 acres of land out of the Jacob M. Harrell Survey, Abstract No. 284 in the
City of Round Rock, Williamson County, Texas, said Land being that same tract
conveyed by deed from Phillip Mays, et ux, to Frank Clayton, et al., of record in
Volume 86, Page 584, of the Deed Records of Williamson County, Texas. Surveyed
on the ground in the month of May, 1975, by Don more fully as follows:
BEGINNING at an iron pin set in the South right-of-way line of the Missouri Pacific
Railroad (formerly called I & G.N.R.R. Co.), said point being the most westerly
corner of the said Clayton tract, for the most westerly corner hereof;
THENCE, along the North line of Chisholm Valley, a subdivision shown on a plat
of record in Volume 7, Page 51 of the Plat Records of Williamson County, Texas, as
follows:
N 890 39' E at 40.73 feet passing an iron pin found, in all 161.34 feet to an iron pin
found, and
N 850 07' E, 338.66 feet to an iron pin set for the S.E. corner hereof;
THENCE N 130 00' W, 425.63 feet to an iron pin set in the South R.O.W. line of the
said railroad for the most northerly corner hereof;
THENCE S 420 12' W, 600.00 feet along the said South R.O.W. line to the place of
BEGINNING;
AND an access easement containing 4800 square feet as described in the Private
Road Encroachment Agreement between the Missouri Pacific Railroad Company
and Brian L. Byrd, attached hereto as Exhibit B.
9 1) 0)
EXHIBIT TWO
PLANNED UNIT DEVELOPMENT NO. 5
Application No. 91-5502
THIS AGREEMENT made the t day of 4R-tn8�1,21991, BETWEEN the City
of Round Rock,Texas having its offices at 221 East Main Street, Round Rock, Texas,
78664, (hereinafter called the "City") and Brian L. Byrd, his successors and assigns,
whose address for purposes hereof is 300 Hickok Court, Austin, Texas, 78753
(hereinafter called the "Developer").
WHEREAS the Developer has requested a planned unit development from
the City for the development of 2.45 acres of land and a 4,800 square foot access
easement for an organic wholesale greenhouse on a tract of land located within the
corporate limits of the City and more particularly described by metes and bounds in
Exhibit "A" attached hereto and made part hereof (hereinafter called "the land");
and,
WHEREAS the Owner, in accordance with Chapter 11, Section 11.316(8), Code
of Ordinances, City of Round Rock, Texas has submitted the development plan set
forth in this Agreement ("Development Plan") to the City containing terms and
condition for the use and development of the land; and
WHEREAS the City has held two public hearings required by law on the 19th
day of September, 1991 and on the 22nd day of October, 1991 to solicit input from all
interested citizens and affected parties; and,
WHEREAS the Planning and Zoning Commission has recommended
approval of the P.U.D. zoning on October lst, 1991; and,
WHEREAS the City Council has review the proposed Development Plan and
determined that it promotes the health, safety, and general welfare of the citizens of
Round Rock and that it complies with the intent of the Planned Unit Development
Ordinance of the City; and
NOW THEREFORE BY THIS AGREEMENT WITNESSETH that in
consideration of the premises and the conditions and covenants hereinafter set
forth, the City and the Developer covenant and agree as follows:
1`f- LI,:2
1
1. Owner
The Developer is the owner or has the right to purchase an
estate in fee simple of all those certain parcels or tracts of
land and premises,being in the City of Round Rock,
Williamson County, Texas, and being more particularly
known and described in Exhibit A, attached hereto; AND,
The Developer holds an access easement across those
portions of the Missouri Pacific Railroad right-of-way, also
being described in Exhibit A, attached hereto. (Together
referred to herein as the "Land".)
2. Consent
The Developer has obtained the consent of all persons
having a recorded interest in the Land.
3. Development
For the purpose of determining the use of Land, buildings,
and
Construction
and structures upon the Land, and the regulation of the
size, shape, and siting of buildings and structures, the
provision of off-street parking and other zoning
regulations, the Land shall be zoned to allow the
development of a commercial wholesale greenhouse
complex, certified organic by the State of Texas, not to
exceed 44,000 sq.ft. gross floor area, together with an office
not to exceed 1000 square feet gross floor area to serve said
complex, and for no other purpose. No retail sales shall be
permitted from the lands. No herbicides or pesticides shall
be used in the operation of the greenhouses.
4. Construction
All roads, driveways and utilities to be constructed on or to
the Land to serve the proposed development and provide
adequate fire protection shall be constructed to current City
standards, at the sole cost of the Developer, to the
satisfaction of the Director of Public Works prior to the
2
3
issuance of any certificate of occupancy.
S. Easements
The Developer shall provide, at his sole cost, all necessary
and
Rights of Way
utility and drainage easements or rights of way at the time
of development of the Land. These shall be recorded in the
Williamson County Deed Records.
6. Fire Hydrants
The Developer shall install, prior to the issuance of any
certificate of occupancy, at his sole cost, all fire hydrants
required by the City to the satisfaction of the Director of
Public Works.
7. Waste Water
The Developer shall, at his sole cost, connect any building
Disposal
on the Land to the wastewater system of the City of Round
Rock.
S. Water
The Developer shall connect any building on the Land to
the City of Round Rock water supply system.
9. Setback
Minimum building setbacks shall be provided as follows:
A. Fifty (50) feet from the southern property line.
B. Twenty (20) feet from all other property lines.
10. Fence
The developer shall erect a six (6) foot (minimum) security
fence, with poles set in concrete, along the boundary
between the lands and Chisholm Valley Park.
11. Buffer
A fifty (50) foot landscaped buffer strip shall be maintained
along the southern boundary of the land. Such buffer shall
retain all native trees and major shrubs with a caliper size
of two (2) inches or greater. This area shall not be used for
any other purpose.
J�' LA3
3
4
12. Parking
Parking shall be provided at the ratio of one parking space
per 2000 square feet of gross floor area unless an alternate
parking standard is approved by the Director of Planning
and Community Development, in accordance with Chapter
11 of the Code of Ordinances.
13. Height
No building or structure shall exceed thirty (30) feet in
height.
14. Zoning
For zoning purposes other than those specifically addressed
Conformity
in this agreement the land shall conform to the provisions
of Chapter 11 of the Code of Ordinances of the city which
pertain to the District C-1 (General Commercial) Zoning
District.
15. Access
Access is provided by a twenty foot (20') wide easement
provided by the License Agreement from the adjacent
Railroad west to Bellview Drive as documented in Exhibit B
attached hereto. All access driveways shall be constructed
and paved to City standards using concrete, asphalt or
paving blocks and shall extend from the parking lot to the
nearest public street.
TA 2
b
Driveways shall be completed prior to the
issuance of an occupancy permit for the proposed
development.
16. Texas Water
The Developer shall meet any requirements of the Texas
Commission
Water Commission as a condition of Development.
�+-
4
17. Vehicles
Daily commercial vehicle trips to the site shall be limited to
a maximum size of 3/4 ton vans or trucks and the number
of commercial vehicle trips entering and leaving the site
shall be limited to twenty vehicles per day. This restriction
does not prohibit the occasional delivery of supplies by
vehicles up to 1.5 tons no more often than once weekly. All
dual axle vehicles shall be prohibited from making routine
pickup or deliveries to the site. Commercial vehicles
making deliveries to or from the site shall be prohibited
between the hours of 10:00 P.M. and 6:00 A.M. daily.
18. Outdoor
Outdoor storage of materials shall be restricted as a
Storage
conditional use and regulated by the Development Review
Board in accordance with Chapter 11 Code of Ordinances.
No storage of compost, fertilizers, or soil which would
result in objectionable odors in the adjacent residential
subdivision or park shall be permitted.
19. Incorporation
Exhibits "A" and "B" hereinbefore referred to are hereby
incorporated into and made part of this Agreement.
20. Ordinances
Except as provided in this contract, the Land shall be used
and developed strictly in compliance with the Code of
Ordinances of the City.
21. Representation
It is understood and agreed that the City has made no
representations, covenants, warranties, guarantees,
promises or agreements (verbal or otherwise) with the
Developer other than those in this Contract.
22. Recordation
This Agreement shall be construed as running with the
3u3
5
Land and shall be recorded in the Williamson County
Official Deed Records.
23. Recording fees The Developer agrees to pay all costs related to the
recording of this Agreement. This Agreement shall be
deemed the "Development Pian" referred to by the Code of
Ordinances.
24. Interpretation Whenever the singular or masculine is used herein, the
same shall be construed as meaning the plural, feminine or
body corporate or politic where the context or the parties so
require.
25. Binding This Agreement shall enure to the benefit of and be binding
upon the parties hereto and their respective heirs,
executors, administrators, successors and assigns.
rVA
IN WITNESS WHEREOF the said parties to this Agreement have hereunto set
their hands and seals the day and year first above written.
CITY OF ROUND ROCK, TEXAS
By:
MIKE ROBINSON, Mayor
Date:
A EST:
J NNE LAND, City Secretary
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before on the � day of / [,fJWAL&�- 19
by Mike Robinson, Mayor of the City of Round Rock, Texas.
CHRISTINE R. NWITINEZ
Nota..*y f jb!ic. Stt' of Texas
My commis
sion txyir2s
JUNE 22, 1 993
Notary Public, State of Texas
0-Rv-is-rjme R. fn,�,e rwc
(Name Printed)
Commission Expires
C0 -01 0, - 9'3
By: l J l- . �
BRIAN L. BYRD, Presiden
Date: 1 `
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
Cj`("
This instrument was acknowledged before on the 3-r ST lday of
by Brian L. Byrd.
INi.L ' `-'M 0, '" ' c
L'4i cEST�ty R. STI,
—i
Notary?,b"-t2tE ` Texas
Notary Public, State of Texas
�
MY Cor mission Expires
JUNE 22, 1993
(Name Printed)
Commission Expires: 62
EXHIBIT A
The Land referred to in this document is described as follows:
BEING 2.46 acres of land out of the Jacob M. Harrell Survey, Abstract No. 284 in the
City of Round Rock, Williamson County, Texas, said Land being that same tract
conveyed by deed from Phillip Mays, et ux, to Frank Clayton, et al., of record in
Volume 86, Page 584, of the Deed Records of Williamson County, Texas. Surveyed
on the ground in the month of May, 1975, by Don more fully as follows:
BEGINNING at an iron pin set in the South right-of-way line of the Missouri Pacific
Railroad (formerly called I & G.N.R.R. Co.), said point being the most westerly
corner of the said Clayton tract, for the most westerly corner hereof;
THENCE, along the North line of Chisholm Valley, a subdivision shown on a plat
of record in Volume 7, Page 51 of the Plat Records of Williamson County, Texas, as
follows:
N 890 39' E at 40.73 feet passing an iron pin found, in all 161.34 feet to an iron pin
found, and
N 850 07' E, 338.66 feet to an iron pin set for the S.E. corner hereof;
THENCE N 130 00' W, 425.63 feet to an iron pin set in the South R.O.W. line of the
said railroad for the most northerly corner hereof;
THENCE S 42° 12' W, 600.00 feet along the said South R.O.W. line to the place of
BEGINNING;
AND an access easement containing 4800 square feet as described in the Private
Road Encroachment Agreement between the Missouri Pacific Railroad Company
and Brian L. Byrd, attached hereto as Exhibit B.
9
4 ��
EXVAISIT :B
File No. 1376-05
PRIVATE ROAD ENCROACHMENT AGREEMENT
This agreement is made this 27th day of September, 1991, by and between
MISSOURI PACIFIC RAILROAD COMPANY (hereinafter -Licensor-) and BRIAN L. BYRD
with mailing address at 300 Hickok Court, Austin, Texas 78753 (hereinafter
"Licensee").
RECITALS:
The Licensee desires to construct, maintain and use a non-exclusive
private road (hereinafter called "Road Encroachment") upon and along the
property of the Licensor at Round Rock, Texas, in the location shown on the
attached print dated September 26, 1991, marked Exhibit "A". The Licensor
is willing to grant the Licensee the right to use the Road Encroachment on
the terms set forth below.
NOW, THEREFORE, the parties agree as follows:
Article I. LICENSOR GRANTS RIGHT
The Licensor grants the Licensee the right to use that portion of the Li -
censor's right of way for a Road Encroachment in the location shown on Exhibit
"A", subject to the terms set forth herein and in the attached Exhibit "B". In
consideration of the license and permission granted herein, the Licensee agrees
to observe and abide by the terms and conditions of this agreement and to pay to
the Licensor a license fee of $500.00 per annum, payable annually in advance.
Effective on or after the fifth anniversary of this agreement, and on or
after the anniversary date of each subsequent five-year period, the Licensor may
adjust the license fee and shall advise the Licensee of any change by written
notice to the Licensee not less than thirty days prior to the effective date for
the new license fee, it being understood that adjustments to the license fee
shall not be made more often than once during each successive five-year period.
Article TERM
This agreement shall be effective as of October 1, 1991, and shall continue
in full force and effect until terminated as provided in Exhibit "B".
The parties hereto have caused this agreement to be executed as of the date
first hereinabove written.
—V,�
Bryan L. Byrd
MISSOURI PACIFIC RAILROAD COMPANY
vm-
TjLO
�j -
A km= 4800 s
N
10
NOTE: BEFORE YOU BEGIN ANY WORK, SEE
AGREEMENT FOR FIBER OPTIC PROVISIONS.
EXHIBIT 'A'
t t U033OURI IPACIFIC RAIILROA® CCOMPANY_
,�""(! ROUND ROCK, WILLIAMSON COUNTY, TEXAS
MP 162.25 - AUSTIN SUBDIVISION
SCALE: I'= 400'
LEASE TO BRIAN L. BYRD
OFFICE OF DIRECTOR
CONTRACTS & REAL ESTATE
" OMAHA, NEBRASKA SEPT. 26,1991
KLS FILE: 1376-05
LEASE AREA SHOWN ..................:..
C -
�'�< --• ` MPRRCO. R/W OUTLINED ...............
Q �Y3
r:KC 00lX7W n
Form Approved, AVP -Lau
EXHIBIT 8
SECTION 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED.
(a) The rights granted to the Licensee are subject and subordinate to the prior and continuing right and
obligation of the Licensor to use and maintain its entire railroad right of way, and are also subject to the
right and power of the Licensor to construct, maintain, repair, renew, use, operate, changer modify or relocate
railroad tracks, signal, communication, fiber optics, wire lines, pipe lines or other €ac+lilies upon, along or
across any or al parts of said right of way, any of which may be freely done at any time by the Licensor without
liability to the Licensee or to any other party for compensation or damages.
(b) The Licensee's rights are subject to all outstanding superior rights (including those in favor of other
licensees, lessees of said right of way, and others) and the right of the Licensor to renew and extend the same,
and are granted without covenant of title or quiet enjoyment.
SECTION 2. ROAD ENCROACHMENT TO BE STRICTLY PRIVATE.
It is expressly stipulated that the Road Encroachment is to be a strictly private one and is not intended
for public use. The Licensee, without expense to the Licensor, will take any and all necessary action to
preserve the private character of the Roadway and prevent its use as a public road.
SECTION 3. CONSTRUCTION, MAINTENANCE AND USE.
(a) The Licensee shall bear the entire cost and expense, furnish all necessary labor and material and
perform all grading necessary for the construction, maintenance, repair or renewal of the Road Encroachment,
including any and al expense which may be incurred by the Licensor in connection therewith for supervision,
inspection, or otherwise.
(b) The Licensee shall, at its sole expenser maintain, repair, renew and replace any gates, fences, cattle
guards, drainage facilities, traffic signs or devices, identification signs approved by the Licensor or other
appurtenances shown on Exhibit A.be q The licensee shall, at its own expense, install and thereaftennrggmaintain any
surirsdpction. Allthat
work per ormeduby�theythe Licenseeeonothebrightlaw,
ofrway shalPube+donettorthe ha sa#vi
isfactian of th
h censor. e
(c) The Licensee shall keep gates affording access to the Road Encroachment closed and locked at all times
except during the time of actual passage. The Licensee shall not do, suffer or permit anything which will or may
obstruct, endanger or interfere with, hinder or delay the maintenance and operation of the Licensor's railroad
tracks or appurtenant facilities or the facilities orui
eq pment of others lawfully using the Licensor's property.
(d) The Licensee, at the request of the Licensor and at Licensee's own expense, shall erect a fence or
'barrier on the trackside of the Road Encroachment to protect the Licensor's tracks and/or property.
(e) The Licensee shall not use the Road Encroachment for the storage of any material without the written
.consent and approval of the Licensor and in no event shall the Licensee place material any closer than twenty
(20) feet from the centerline of the track.
SECTION 4. NOTICE OF COMMENCEMENT OF WORK.
The Licensee shall notify the Licensor at least ten (I0) days (or such other time as the Licensor may
with the construction, maintenance, repair, modification, reconstructallow) in advance of the commencement of any work upon or entrance onto property of the Licensor in connection
ion, relocation, or renewal of the Road
Encroachment. All such work shall be prosecuted diligently to completion.
SECTION 5. MODIFICATION OR RELOCATION OF ROAD ENCROACHMENT.
Whenever the Licensor deems it necessary or desirable in the furtherance of its railroad operating
requirements or for the improvement and use of its property to modify or relocate the Road Encroachment,
the Licensee shall, at the Licensee's sole expense, modify or move the Road Encroachment and the appurtenances
thereto. All the terms of this agreement shall -govern the continued maintenance and use of the modified or
relocated Road Encroachment.
SECTION 6. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
(a) Fiber optic cable systems may be buried on the Licensor's property. Licensee shall telephone the
Licensor at 1-800-336-9193 (a 244iour number) to determine if fiber optic cable is buried anywhere on the
Licensor's premises to be used by the Licensee. If it is, Licensee w I I I telephone the telecommunications
company G es) involved, arrange for a cable locator, and make arrangements for relocation or other protection of
the fiber optic cable prior to beginning any work on the Licensor's premises.
EXHIBIT 8
Page Iof3 �cn
0459n
_nL WVUw �
Form Approved, AVP -Lau
(b) In addition to the liability terms elsewhere in this Agreement, the Licensee shall indemify and hold
the Licensor harmless against and from all cost, liability, and expense whatsoever (including, without limitation,
attorneys' fees, court costs, and expenses) arising out of or in any way contributed to by any act or omission of
the Licensee, its contractor, agents and/or employees, that causes or in any way or degree contributes to (1) any
damage to or destruction of any telecommunications system by the Licensee, and/or its contractor, agents and/or
employees, on Licensor's property, (2) any injury to or death of any person employed by or on be of any
telecommunications company, and/or its contractor, agents and/or employees, on Licensor's property; or (3) any
claim or cause of action for alleged loss of profits•or revenue by, or loss of service by a customer or user of,
such telecommunication company 0 es).
SECTION 7. INDEMNITY.
The Licensee assumes the risk of and shall indemnify and hold harmless the Licensor and other railroad
companies which use the property of the Licensor, their officers, agents and employees against and from any and
all loss, damages, claims, demands, actions„ causes of action, costs, attorney €ees, fines, penalties, and
expenses of whatsoever nature (hereinafter Loss) which may result from: (1) injury to or death of persons
whomsoever (including officers, agents and employees of the licensor and of the Licensee, as well as other
F(2) loss of or damage to property whatsoever (including damage to property of or in the custody of the
Licensee and damage to the roadbed, tracks, eguipment or other property of or in the custody of the Licensor and
such other railroad companies); or (3) violation by the licensee of any federal, state, or local law, regulation,
or enactment; when such Loss is due to or arises in connection with or as a result of:
(a) the construction of the Road Encroachment;
(b) any work done by the Licensee on or in connection with the Road Encroachment;
(c) the use of the Road Encroachment by the Licensee, its officers, agents, employees, patrons
or invitees, or by any other person;
(d) the use of the Road Encroachment by the Licensee's successors or assigns or the officers, agents,
employees, patrons or invitees of the Licensee's successors or assigns until the Licensee either assigns the
agreement or terminates the agreement as provided herein; or
(e) the breach of any covenant or obligation assumed by or imposed on the Licensee pursuant to this
agreement; the failure of the Licensee to promptly and fully do any act or work for which the Licensee is
responsible pursuant to this agreement;
regardless of whether such Loss is caused solely or contributed to in part by the negligence of the Licensor, its
officers, agents or employees.
SECTION 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL.
(a) The Licensee shall fully pay for ail materials joined or affixed to and labor performed upon property of
the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of
the Road Encroachment, and shall not permit or suffer any mechanic's or materiaiman's lien of any kind or nature
to be enforced against the property for any work done or materials furnished thereon at the instance, request, or
on behalf of the Licensee. The Licensee shall indemnify and hold harmless the Licensor against and from any and
all liens, claims, demands, costs and expenses of whatsoever nature in any way connected with or growing out of
such work done, labor performed, or materials furnished.
(b) The Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon, in respect
to, or on account of the Road Encroachment, to prevent the same from becoming a charge or lien upon property of
the Licensor and so that the taxes, charges and assessments levied upon or in respect to such property shall not
be increased because of the location, construction: maintenance or use of the Road Encroachment or any
improvement, appliance or fixture connected therewith placed upon such property, or on account of the Licensee's
interest therein. Where such tax, charge or assessment may not be separately made or assessed to the Licensee but
shall be included in the assessment of the property of the Licensor, then the licensee shall pay to the Licensor
an equitable proportion of such taxes determined by the value of the Licensee's personal property located upon the
property of the Licensor as compared with the entire value of such property.
SECTION 9. TERMINATION ON BREACH OR ON NOTICE.
(a) The breach of any covenant, stipulation or condition herein contained to be kept and performed by the
Licensee shall, at the option of the Licensor, forthwith work a termination of this agreement and al! rights of
the Licensee hereunder. A waiver by the Licensor of a breach by the Licensee of any covenant or condition of this
agreement shall not impair the right of the Licensor to avail itself of any subsequent breach thereof.
(b) This agreement may be terminated by either party on thirty (30) days written notice to the other party.
PagHe82Toff 3 (�
0459n
Form Approved, AVP -Law
SECTION 10. REMOVAL OF ROAD ENCROACHMENT AND RESTORATION OF PREMISES.
(a) Prior to termination of this Agreement howsoever, Licensee shall, at its own expense, remove the Road
Encroachment and restore the premises to as good condition as existed prior to Licensee's work on the premises.
Failure by the Licensee to restore the premises within 10 darts following termination shall be deemed authorization
by Licensee for Licensor to restore the premises at Licensee s expense.
(b) In the event the Licensee removed, relocated or disturbed any fence or other property of the Licensor in
connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or
removal of the Road Encroachment, with or without the Licensor's consent, the Licensee shall, at Licensee's sole
expense, restore such fence or other property to the same condition it was in before such fence or other
property was removed, relocated or disturbed.
SECTION 11. ASSIGNMENT.
The Licensee shall not assign this agreement, or any interest therein to any
ssee or to an
other person without the written consent of the Licensor. if the Licensee fails tousecure rthe Li censor's consent
to any asstgmient, the Licensee will continue to be responsible for obligations and IiabiIities assumed herein.
SECTION 12. SUCCESSORS AND ASSIGNS.
Subject to the provisions of Section Il hereof, this agreement shall be binding upon and inure to the benefit
of the parties hereto, their respective heirs, executors, administrators, successors and assigns.
EXHIBIT B p `�
Page 3 of 3
0459n
Audit No. 156771
Folder No. 1376-05
22��� THIS SUPPLEMENTAL AGREEMENT is made as of this October
, by and between MISSOURI PACIFIC RAILROAD COMPANY (hereinafter
the "Licensor") and BRIAN L. BYRD (hereinafter the "Licensee"
RECITALS:
By instrument dated the parties hereto entered into
an agreement (hereinafter the "Basic Agreement") identified
as Audit No. 156771, covering license of real estate for a
private roadway at Round Rock, Texas.
The parties now desire to modify the Basic Agreement by
amending Article II and Section 9(b) of Exhibit B thereof.
AGREEMENT:
NOW, THEREFORE, IT IS AGREED by and between the parties
hereto as follows:
Section 1. AMENDMENT OF ARTICLE II.
Effective October 1, 1991, Article II of the Basic
Agreement is hereby amended to read as follows: "This agreement
shall be effective as of October 1, 1991, and shall continue in
full force and effect to and including September 30, 1996, and
thereafter from year to year, subject to termination as
hereinafter provided."
Section I. AMENDMENT OF SECTION 9(b) OF EXHIBIT B.
Effective October 1, 1991, Section 9(b) of the Basic
Agreement is hereby amended to read as follows: "Effective
October 1, 1996, this agreement may be terminated by either party
on thirty (30) days written notice given to the other party.
Section Iv. AGREEMENT SUPPLEMENTAL
This agreement is supplemental to the Basic Agreement,
as herein amended, and nothing herein contained shall be
construed as amending or modifying the same except as herein
specifically provided.
IN WITNESS WHEREOF, the parties hereto have caused this
Supplemental Agreement to be executed as of the day and year
first hereinabove written.
MISSOURI PACIFIC RAILROAD COMPANY
�- P�,�
Brian L. Byrd Director -F'
perations
DATE: November 7, 1991
SUBJECT: City Council Meeting November 7, 1991
ITEM: 3.A. Consider an ordinance amending the zoning ordinance by
zoning 2.45 acres of land (Brian L. Byrd) to P.U.D. No. 5 (Planned
Unit Development No. 5). (Second Reading)
STAFF RESOURCE
PERSON: Joe Vining
RECOMMENDATION: Approval with the condition that an executed (5 year
minimum) easement or license agreement be provided to
the satisfaction of the City Attorney prior to first reading
of the ordinance.
This P.U.D. will rezone 2.45 acres and an access easement to a planned unit
development designation to allow the operation of an organic greenhouse on this
site. The P.U.D. strictly limits the use, traffic volumes, size of service vehicle and
provides for fencing and buffers.
The proposed use is a low intensity agricultural/ commercial use which will
generate a small fraction of the traffic which would result from single family homes
on this site and is considered an excellent buffer between the existing residential
uses and the railway.
The Planning and Zoning Commission recommended approval of this P.U.D. with
conditions. All conditions have been met except for the five year easement . The
applicant has agreed to provide this documentation prior to the Council meeting.
VOL
r 1( 9��i) ^y l - qr j°y��/��yp
r YVL i PA'A<Y
Brian L. Byrd
ORDINANCE NO.
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION
11.305(2), CODE OF ORDINANCES, 1990 EDITION, CITY OF ROUND
ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE
SAID OFFICIAL ZONING MAP, TO WIT: TO CHANGE 2.56 ACRES OF
LAND MORE OR LESS, OUT OF THE JACOB M. HARRELL SURVEY,
WILLIAMSON COUNTY TEXAS, AS DESCRIBED BELOW FROM
DISTRICT SF -2 (SINGLE FAMILY -STANDARD LOT) TO PLANNED
UNIT DEVELOPMENT (P.U.D.) DISTRICT NO. 5.
WHEREAS, an application has been made to the City Council of the City of
Round Rock, Texas to amend the Official Zoning Map to change the zoning
classification of the property described in Exhibit One, attached hereto, from District
SF -2 (Single Family -Standard Lot) to Planned Unit Development (P.U.D.) District
No. 5, and
WHEREAS, the amendment to the Official Zoning Map has been submitted
to the Planning and Zoning Commission for its recommendation and report, and
WHEREAS, the Planning and Zoning Commission held a public hearing
concerning the requested amendment on the 19th day of September, 1991, following
lawful publication of the notice of said public hearing, and
WHEREAS, after considering the public testimony received at such hearing,
the Planning and Zoning Commission has recommended that the Official Zoning
Map be amended so that the zoning classification of the above-described property be
changed from District SF -2 (Single Family -Standard Lot) to Planned Unit
Development (P.U.D.) District No. 5, and
WHEREAS, on the 22nd day of October, 1991, after proper notification, the
City Council held a public hearing on the requested change, and
WHEREAS the City Council has determined that the zoning classification
change provided for herein promotes the health, safety, morals and protects and
preserves the general welfare of the community, and
WHEREAS, each and every requirement set forth in Chapter 211, Subchapter
A, Texas Local Government Code, 1990 Edition and Section 11.300, Code of
Ordinances, 1990 Edition, City of Round Rock, Texas concerning public notices,
OFFICIAL RECORDS 1
WILLIAMSON COUNTY, TEXAS
V0L20 7PAcf392
hearings, and other procedural matters has been fully complied with,
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
ROUND ROCK, TEXAS:
I.
That the City Council has hereby determined the Planned Unit Development
(P.U.D.) District No. 5 meets the following goals and objectives:
(1) P.U.D. No. 5 is in harmony with the general purposes, goals, objectives
and standards of the General Plan, and provides a buffer between
proposed higher density uses proposed for land to the east and single
family residential development to the west.
(2) P.U.D. No. 5 does not have an undue adverse effect upon adjacent
property, the character of the neighborhood, traffic conditions, parking,
utilities or any other matters affecting the public health, safety and
general welfare.
(3) P.U.D. No. 5 will be adequately serviced by essential public facilities and
services including streets, parking, drainage, water, wastewater
facilities, and other necessary utilities.
(4) P.U.D. No. 5 will be constructed, arranged and maintained so as not to
dominate, by scale and massing of structures, the immediate
neighboring properties or interfere with their development or use in
accordance with any existing zoning district.
Q
That the Official Zoning Map adopted in Section 11.305 (2), Code of
Ordinances, 1990 Edition, City of Round Rock, Texas is hereby amended so that the
2
VOL 2PAGf 393 '
zoning classification of the property described in Exhibit "One" attached hereto and
incorporated herein shall be, and is hereby changed from District SF -2 (Single
Family -Standard Lot) and shall be hereafter designated as Planned Unit
Development (P.U.D.) No. 5, and that the Mayor is hereby authorized and directed
to enter into the planned Unit Development (P.U.D.) agreement hereto as Exhibit
"Two", which agreement shall constitute the Development and shall govern the
development and use of said property.
A. All ordinances, parts of ordinances, or resolutions in conflict herewith
are expressly repealed.
B. The invalidity of any section or provision of this ordinance shall not
invalidate other sections or provisions thereof.
Alternative 1.
By motion duly made, seconded and passed with an affirmative vote of all
the Council members present, the requirement for reading this ordinance on two
separate days was dispensed with.
READ, PASSED, AND ADOPTED on first reading this
of ,1991.
day
Alternative 2.
READ and APPROVED on first reading this the 4 " day
of LM1
1991.
1 1
READ, APPROVED and ADOPTED on second reading this the day
Of ',1991.
MIKE ROBINSON, Mayor
City of Round Rock, Texas
ATTEST:
( ", All 0
JOAkNE LAND, ity Secretary
3
von 2077PAof 4
EXHIBIT ONE
The Land referred to in this document is described as follows:
BEING 2.46 acres of land out of the Jacob M. Harrell Survey, Abstract No. 284 in the
City of Round Rock, Williamson County, Texas, said Land being that same tract
conveyed by deed from Phillip Mays, et ux, to Frank Clayton, et al., of record in
Volume 86, Page 584, of the Deed Records of Williamson County, Texas. Surveyed
on the ground in the month of May, 1975, by Don more fully as follows:
BEGINNING at an iron pin set in the South right-of-way line of the Missouri Pacific
Railroad (formerly called I & G.N.R.R. Co.), said point being the most westerly
corner of the said Clayton tract, for the most westerly corner hereof;
THENCE, along the North line of Chisholm Valley, a subdivision shown on a plat
of record in Volume 7, Page 51 of the Plat Records of Williamson County, Texas, as
follows:
N 89° 39' E at 40.73 feet passing an iron pin found, in all 161.34 feet to an iron pin
found, and
N 850 07' E, 338.66 feet to an iron pin set for the S.E. corner hereof;
THENCE N 130 00' W, 425.63 feet to an iron pin set in the South R.O.W. line of the
said railroad for the most northerly corner hereof;
THENCE S 42° 12' W, 600.00 feet along the said South R.O.W. line to the place of
BEGINNING;
AND an access easement containing 4800 square feet as described in the Private
Road Encroachment Agreement between the Missouri Pacific Railroad Company
and Brian L. Byrd, attached hereto as Exhibit B.
9 pLi�
VOL��I ipA+;i395
EXHIBIT TWO
PLANNED UNIT DEVELOPMENT NO. 5
Application No. 91-585'02
THIS AGREEMENT made the ( ]day of /v�ern86k,.1991, BETWEEN the City
of Round Rock,Texas having its offices at 221 East Main Street, Round Rock, Texas,
78664, (hereinafter called the "City") and Brian L. Byrd, his successors and assigns,
whose address for purposes hereof is 300 Hickok Court, Austin, Texas, 78753
(hereinafter called the "Developer").
WHEREAS the Developer has requested a planned unit development from
the City for the development of 2.45 acres of land and a 4,800 square foot access
easement for an organic wholesale greenhouse on a tract of land located within the
corporate limits of the City and more particularly described by metes and bounds in
Exhibit "A" attached hereto and made part hereof (hereinafter called "the land");
and,
WHEREAS the Owner, in accordance with Chapter 11, Section 11.316(8), Code
of Ordinances, City of Round Rock, Texas has submitted the development plan set
forth in this Agreement ("Development Plan") to the City containing terms and
condition for the use and development of the land; and
WHEREAS the City has held two public hearings required by lacy on the 19th
day of September, 1991 and on the 22nd day of October, 1991 to solicit input from all
interested citizens and affected parties; and,
WHEREAS the Planning and Zoning Commission has recommended
approval of the P.U.D. zoning on October 1st, 1991; and,
WHEREAS the City Council has review the proposed Development Plan and
determined that it promotes the health, safety, and general welfare of the citizens of
Round Rock and that it complies with the intent of the Planned Unit Development
Ordinance of the City; and
NOW THEREFORE BY THIS AGREEMENT WITNESSETH that in
consideration of the premises and the conditions and covenants hereinafter set
forth, the City and the Developer covenant and agree as follows:
D uJ':�
1
VOL2077PAA96
1. Owner
The Developer is the owner or has the right to purchase an
estate in fee simple of all those certain parcels or tracts of
land and premises,being in the City of Round Rock,
Williamson County, Texas, and being more particularly
known and described in Exhibit A, attached hereto; AND,
The Developer holds an access easement across those
portions of the Missouri Pacific Railroad right-of-way, also
being described in Exhibit A, attached hereto. (Together
referred to herein as the "Land".)
2. Consent
The Developer has obtained the consent of all persons
having a recorded interest in the Land.
3. Development
For the purpose of determining the use of Land, buildings,
and
Construction
and structures upon the Land, and the regulation of the
size, shape, and siting of buildings and structures, the
provision of off-street parking and other zoning
regulations, the Land shall be zoned to allow the
development of a commercial wholesale greenhouse
complex, certified organic by the State of Texas, not to
exceed 44,000 sq.ft. gross floor area, together with an office
not to exceed 1000 square feet gross floor area to serve said
complex, and for no other purpose. No retail sales shall be
permitted from the lands. No herbicides or pesticides shall
be used in the operation of the greenhouses.
4. Construction
All roads, driveways and utilities to be constructed on or to
the Land to serve the proposed development and provide
adequate fire protection shall be constructed to current City
standards, at the sole cost of the Developer, to the
satisfaction of the Director of Public Works prior to the
a,. ty
7
issuance of any certificate of occupancy.
5. Easements
The Developer shall provide, at his sole cost, all necessary
and
utility and drainage easements or rights of way at the time
Rights of Way
of development of the Land. These shall be recorded in the
Williamson County Deed Records.
6. Fire Hydrants
The Developer shall install, prior to the issuance of any
certificate of occupancy, at his sole cost, all fire hydrants
required by the City to the satisfaction of the Director of
Public Works.
The Developer shall, at his sole cost, connect any building
7. Waste Water
Disposal
on the Land to the wastewater system of the City of Round
Rock.
S. Water
The Developer shall connect any building on the Land to
the City of Round Rock water supply system.
9. Setback
Minimum building setbacks shall be provided as follows:
A. Fifty (50) feet from the southern property line.
B. Twenty (20) feet from all other property lines.
10. Fence
The developer shall erect a six (6) foot (minimum) security
fence, with poles set in concrete, along the boundary
between the lands and Chisholm Valley Park.
11. Buffer
A fifty (50) foot landscaped buffer strip shall be maintained
along the southern boundary of the land. Such buffer shall
retain all native trees and major shrubs with a caliper size
of two (2) inches or greater. This area shall not be used for
any other purpose.
3
VOL 2®77ncE39�
12. Parking
Parking shall be provided at the ratio of one parking space
per 2000 square feet of gross floor area unless an alternate
parking standard is approved by the Director of Planning
and Community Development, in accordance with Chapter
11 of the Code of Ordinances.
13. Height
No building or structure shall exceed thirty (30) feet in
height.
14. Zoning
For zoning purposes other than those specifically addressed
Conformity
in this agreement the land shall conform to the provisions
of Chapter 11 of the Code of Ordinances of the city which
pertain to the District C-1 (General Commercial) Zoning
District.
15. Access
Access is provided by a twenty foot (20') wide easement
provided by the License Agreement from the adjacent
Railroad west to Bellview Drive as documented in Exhibit B
attached hereto. All access driveways shall be constructed
and paved to City standards using concrete, asphalt or
paving blocks and shall extend from the parking lot to the
nearest public street.
)
&eri i ri ty f auGe with poles t 'eener-ete
_TA 2
ftttd the
Driveways ^a -fnnroa shall be completed prior to the
issuance of an occupancy permit for the proposed
development.
16. Texas Water
The Developer shall meet any requirements of the Texas
Commission
Water Commission as a condition of Development.
D
11
5
VOL2077FaocL39
17. Vehicles
Daily commercial vehicle trips to the site shall be limited to
a maximum size of 3/4 ton vans or trucks and the number
of commercial vehicle trips entering and leaving the site
shall be limited to twenty vehicles per day. This restriction
does not prohibit the occasional delivery of supplies by
vehicles up to 1.5 tons no more often than once weekly. All
dual axle vehicles shall be prohibited from making routine
pickup or deliveries to the site. Commercial vehicles
making deliveries to or from the site shall be prohibited
between the hours of 10:00 P.M. and 6:00 A.M. daily.
18. Outdoor
Outdoor storage of materials shall be restricted as a
Storage
conditional use and regulated by the Development Review
Board in accordance with Chapter 11 Code of Ordinances.
No storage of compost, fertilizers, or soil which would
result in objectionable odors in the adjacent residential
subdivision or park shall be permitted.
19. Incorporation
Exhibits "A" and "B" hereinbefore referred to are hereby
incorporated into and made part of this Agreement.
20. Ordinances
Except as provided in this contract, the Land shall be used
and developed strictly in compliance with the Code of
Ordinances of the City.
21. Representation
It is understood and agreed that the City has made no
representations, covenants, warranties, guarantees,
promises or agreements (verbal or otherwise) with the
Developer other than those in this Contract.
22. Recordation
This Agreement shall be construed as running with the )u3
5
VOL2077PA61400
23. Recording fees
24. interpretation
25. Binding
Land and shall be recorded in the Williamson County
Official Deed Records.
The Developer agrees to pay all costs related to the
recording of this Agreement. This Agreement shall be
deemed the "Development Plan" referred to by the Code of
Ordinances.
Whenever the singular or masculine is used herein, the
same shall be construed as meaning the plural, feminine or
body corporate or politic where the context or the parties so
require.
This Agreement shall enure to the benefit of and be binding
upon the parties hereto and their respective heirs,
executors, administrators, successors and assigns.
3
IN WITNESS WHEREOF the said parties to this Agreement have hereunto set
their hands and seals the day and year first above written.
CITY OF ROUND ROCK, TEXAS
By: A-46—&
MIKE ROBINSON, Mayor
Date: ) J q q I
aES1,
j6KNNE LAND, City Secretary
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before on the —' day of f (.ow %'YIbX19q
by Mike Robinson, Mayor of the City of Round Rock, Texas.
f�NR9WT1F R. MARTINEZ
�.:
' Notary F, bk' hate of Texas
My Commission Expires
JUNE 22, 1993
Notary Public, State of Texas
CRP-Is-nme R. rniq�.T,AiC-�,
(Name Printed)
Commission Expires
VOL 2077PALi i
By:
BRIAN L. BYRD, President
Date:- 0- 31 )- M 1
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
5l�,This instrument was acknowledged before on the � � � day of � 19-L/
by Brian L. Byrd.
CHRISTINE R. MARTINEZ '
Notary Public, state of Texas Notary Public, State of Texas
MY Commission Expires
JUNE
19
+y...�rV• /s -r/7 u `.!
(Name Printed)
�ll
Commission Expires: Com" a o?�( - 93
T-�' u'1�'
V0L � of 403
EXHIBIT A
The Land referred to in this document is described as follows:
BEING 2.46 acres of land out of the Jacob M. Harrell Survey, Abstract No. 284 in the
City of Round Rock, Williamson County, Texas, said Land being that same tract
conveyed by deed from Phillip Mays, et ux, to Frank Clayton, et al., of record in
Volume 86, Page 584, of the Deed Records of Williamson County, Texas. Surveyed
on the ground in the month of May, 1975, by Don more fully as follows:
BEGINNING at an iron pin set in the South right-of-way line of the Missouri Pacific
Railroad (formerly called I & G.N.R.R. Co.), said point being the most westerly
corner of the said Clayton tract, for the most westerly corner hereof;
THENCE, along the North line of Chisholm Valley, a subdivision shown on a plat
of record in Volume 7, Page 51 of the Plat Records of Williamson County, Texas, as
follows:
N 890 39' E at 40.73 feet passing an iron pin found, in all 161.34 feet to an iron pin
found, and
N 850 07' E, 338.66 feet to an iron pin set for the S.E. corner hereof;
THENCE N 130 00' W, 425.63 feet to an iron pin set in the South R.O.W. line of the
said railroad for the most northerly corner hereof,
THENCE S 420 12' W, 600.00 feet along the said South R.O.W. line to the place of
BEGINNING;
AND an access easement containing 4800 square feet as described in the Private
Road Encroachment Agreement between the Missouri Pacific Railroad Company
and Brian L. Byrd, attached hereto as Exhibit B.
9
VOt207 wE E:X" 16 l T M
File No. 1376-05
PRIVATE ROAD ENCROACHMENT AGREEMENT
This agreement is made this 27th day of September, 1991, by and between
MISSOURI PACIFIC RAILROAD COMPANY {hereinafter "Licensor") and BRIAN L. BYRD
with mailing address at 300 Hickok Court, Austin, Texas 78753 (hereinafter
"Licensee").
RECITALS:
The Licensee desires to construct, maintain and use a non-exclusive
private road (hereinafter called "Road Encroachment") upon and along the
property of the Licensor at Round Rock, Texas, in the location shown on the
attached print dated September 26, 1991, marked Exhibit "A". The Licensor
is willing to grant the Licensee the right to use the Road Encroachment on
the terms set forth below.
NOW, THEREFORE, the parties agree as follows:
Article I. LICENSOR GRANTS RIGHT
The Licensor grants the Licensee the right to use that portion of the Li -
censor's right of way for a Road Encroachment in the location shown on Exhibit
"A", subject to the terms set forth herein and in the attached Exhibit "B". In
consideration of the license and permission granted herein, the Licensee agrees
to observe and abide by the terms and conditions of this agreement and to pay to
the Licensor a license fee of $500.00 per annum, payable annually in advance.
Effective on or after the fifth anniversary of this agreement, and on or
after the anniversary date of each subsequent five-year period, the Licensor may
adjust the license fee and shall advise the Licensee of any change by written
notice to the Licensee not less than thirty days prior to the effective date for
the new license fee, it being understood that adjustments to the license fee
shall not be made more often than once during each successive five-year period.
Article TERM
This agreement shall be effective as of October 1, 1991, and shall continue
in full force and effect until terminated as provided in Exhibit "B".
The parties hereto have caused this agreement to be executed as of the date
first hereinabove written.
__V-, r - \,-� K�J,,
r
Ban L. Byrd
MISSOURI PACIFIC RAILROAD COMPANY
�� a�� ;= =--.
pA
<61j
*,
%I N. -
-
R -ra 1F _ S
TT
49 N
e '
NOTE-. BEFORE YOU BEGIN ANY WORK, SEE
AGREEMENT FOR FIBER OPTIC PROVISIONS.
EXHIBIT 'A'
UA0880U Ri PACIFIC ]RAILROAD COMPANY
—S H ROUND ROCK, WILLIAMSON COUNTY, TEXAS
MP 162.25 - AUSTIN SUBDIVISION
SCALE: I'= 400'
LEASE TO 6RPW L.BYRD
OFFICE OF DIRECTOR
CONTRACTS & REAL ESTATE,.
OMAHA. NEBRASKA SEPT. 26,1991
KLB FILE.- 1376-05
LEASE AREA SHOWN. ..............:..
M?RRCO. R/W OUTLINED ...........
Q�...rb
PRE,880806 A
Form Approved, AVP -law
EXHIBIT B
SECTION 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED.
(a) The rights granted to the Licensee are subject and subordinate to the prior and continuing right and
obligation of the Licensor to use and maintain its entire railroad right of way, and are also subject to the:.:
right and power of the Licensor to construct, maintain, repair, renew, use, operate, change: modify or relocate
railroad tracks, signal, communication, fiber optics, wire lines, pipe lines or other facilities upon, along or
across any or al parts of said right of way, any of which may be freely done at any time by the Licensor x�#hout
liability to the Licensee or to any other party for compensation or damages.
(b) The Licensee's rights are subject to all outstanding superior rights (including those in favor of other
licensees, lessees of said right of way, and others) and the right of the Licensor to renew and extend the same,,
and are granted without covenant of title or quiet enjoyment.
SECTION 2. ROAD ENCROACHMENT TO BE STRICTLY PRIVATE.
It is expressly stipulated that the Road Encroachment is to be a strictly private one and is not intended
for public use. The Licensee, without expense to the Licensor, will take any and all necessary action to
preserve the private character of the Roadway and prevent its use as a public road.
SECTION 3. CONSTRUCTION, MAINTENANCE AND USE.
(a) The Licensee shall bear the entire cost and expense, furnish all necessary labor and material and
perform all grading necessary for the construction, maintenance, repair or renewal of the Road Encroachment,
including any and all expense which may be incurred by the Licensor in connection therewith for supervision,
inspection, or otherwise.
(b) The Licensee shall, at its sole expense= maintain, repair, renew and replace any gates, fences, cattle
guards, drainage facilities, traffic signs or devices, identification signs approved by the Licensor or other
appurtenances shown on Exhibit A. The Licensee shall, at its own exppeense, install and thereafter maintain any
such appurtenances that may be required by the Licensor, by law, or by any public authority having
hrisdiction. All work performed by the Licensee on the -right of way shall be done to the satisfaction of the
u
]licensor.
(c) The Licensee shall keep gates affording access to the Road Encroachment closed and locked at all times
except during the time of actual passage. The Licensee shall not do, suffer or permit anything which will or may
obstruct, endanger or interfere with, hinder or delay the maintenance and operation of the Licensor's railroad
tracks or appurtenant facilities or the facilities or equipment of others lawfully using the Licensor's property.
(d) The Licensee, at the request of the Licensor and at Licensee's own expense, shall erect a fence or
barrier on the trackside of the Road Encroachment to protect the Licensor's tracks and/or property.
(e) The Licensee shall not use the Road Encroachment for the storage of any material without the written
.consent and approval of the Licensor and in no event shall the Licensee place material any closer than twenty
(20) feet from the centerline of the track.
SECTION 4. NOTICE OF COMMENCEMENT OF WORK.
The Licensee shall notify the Licensor at least ten (10) days (or such other time as the Licensor may
allow) in advance of the cormencement of any work upon or entrance onto property of the Licensor in connection
with the construction, maintenance, repair, modification, reconstruction, relocation, or renewal of the Road
Encroachment. All such work shall be prosecuted diligently to completion.
SECTION 5. MODIFICATION OR RELOCATION OF ROAD ENCROACHMENT.
Whenever the Licensor deems it necessary or desirable in the furtherance of its railroad operating
requirements or for the improvement and use of its property to modify or relocate the Road Encroachment,
the Licensee shall, at the Licensee's sole expense, modify or move the Road Encroachment and the appurtenances
thereto. Ail the terms of this agreement shall govern the continued maintenance and use of the mod ffied or
relocated Road Encroachment.
SECTION 6. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
(a) Fiber optic cable systems may be buried on the Licensor's property. Licensee shall telephone the
Licensor at I -BW -336-9193 (a 24-hour number) to determine if fiber optic cable is buried anywhere on the
Licensor 'sprem ises to be used by the Licensee. If it is, Licensee will telephone the teIecoEmjunicat ions
these fibere involved, arrange for cable locator, and make arrangements for relocation or other protection of
optic prior to beginning any work on the Licensor*s premises.
pPEaXgqHIBIT B
0459nI of 3
PRE, 880806 A
Form Approved, AVP -Caw
(b) In addition to the liability terms elsewhere in this Agreement, the Licensee shall indemnif y and hold
the Licensor harmless against and from all cost,liability, and expense whatsoever (including, without limitation,
attorneys' fees, court costs, and expenses) arising out of or in any way contributed to by any act or omission of
the Licensee, its contractor, agents and/or employees, that causes or in any way or degree contributes to (1) any
damage to or destruction of any telecommunications system by the Licensee, and/or its contractor, agents and/or
employees, on Licensor's property, (2) any injury to or death of any person employed by or on behalf of any
telecommunications company, and/or its contractor, agents and/or employees, on Licensor's property; or (3) any
claim or cause of action for alleged Ioss of prof its•or revenue by, or loss of service by a customer or user of,
such telecommunication company(ies).
SECTION 7. INDEMNITY.
The Licensee assumes the risk of and shall indemnify and hold harmless the Licensor and other railroad
companies which use the property of the Licensor, their officers, agents and employees, against and from any and.
all loss, damages, claims, demands, actions, causes of action, costs, attorney fees, fines, penalties, and
expenses of whatsoever nature (hereinafter "Loss") which may result from: (1) injury to or death of persons
whomsoever (including officers, agents and employees of the Licensor and of the Licensee, as well as other
persons); (2) loss of or damage to property whatsoever (including damage to property of or in the custody of the
Licensee and damage to the roadbed, tracks, equipment or other property of or in the custody of the Licensor and
such other railroad companies); or (3) violation by the Licensee of any federal, state, or local law, regulation,
or enactment; when such Loss is due to or arises in connection with or as a result of:
(a) the construction of the Road Encroachment;
(b) any work done by the Licensee on or in connection with the Road Encroachment;
(c) the use of the Road Encroachment by the Licensee, its officers, agents, employees, patrons
or invitees, or by any other person;
(d) the use of the Road Encroachment by the Licensee's successors or assigns or the officers, agents,
employees, patrons or invitees of the Licensee's successors or assigns until the Licensee either assigns the
agreement or terminates the agreement as provided herein; or
(e) the breach of any covenant or obligation assumed by or imposed on the Licensee pursuant to this
agreement; the failure of the Licensee to promptly and fully do any act or work for which the Licensee is
responsible pursuant to this agreement;
regardless of whether such Loss is caused solely or contributed to in part by the negligence of the Licensor, its
officers, agents or employees.
SECTION 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL.
(a) The Licensee shall fully pay for all materials joined or affixed to and labor performed upon property of
the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of
the Road Encroachment, and shall not permit or suffer any mechanic's or materialman's lien of any kind or nature
to be enforced against the property for any work done or materials furnished thereon at the instance, request, or
on behalf of the Licensee. The Licensee shall indemnify and hold harmless the Licensor against and from any and
all liens, claims, demands, costs and expenses of whatsoever nature in any way connected with or growing out of
such work done, labor performed, or materials furnished.
(b) The Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon, in respect
to, or- on account of the Road Encroachment, to prevent the same from becoming a charge or lien upon property of
the Licensor and so that the taxes, charges and assessments levied upon or in respect to such property shall not
be increased because of the location, construction, maintenance or use of the Road Encroachment or any
improvement, appliance or fixture connected therewith placed upon such property, or on account of the Licensee's
interest therein. Where such tax, charge or assessment may not be separately made or assessed to the Licensee but
shall be included in the assessment of the property of the Licensor, then the Licensee shall pay to the Licensor
an equitable proportion of such taxes determined by the value of the Licensee's personal property located upon the
property of the Licensor as compared with the entire value of such property.
SECTION 9. TERMINATION ON BREACH OR ON NOTICE
(a) The breach of any covenant, stipulation or condition herein contained to be kept and performed by the
Licensee shall, at the option of the Licensor, forthwith work a termination of this agreement and all rights of
the Licensee hereunder. A waiver by the Licensor of a breach by the Licensee of any covenant or condition of this
agreement shall not impair the right of the Licensor to avail itself of any subsequent breach thereof.
(b) This agreement may be terminated by either party on thirty (30) days written notice to the other party.
PaggHe$2oTff 3
0459n
rKt !sovovo R
Form Approved, AVP-Laa -'
VOL 4o PAGE
SECTION 10. REMOVAL OF ROAD ENCROACHMENT AND RESTORATION OF PREMISES.
(a) Prior to termination of this Agreement howsoever, Licensee shall, at its own expense, remove the Road
Encroachment and restore the premises to as good condition as existed prior to Licensee's work on the premises.
Failure by the Licensee to restore the premises within 10 days following termination shall be deemed authorization
by Licensee for Licensor to restore the premises at Licensee s expense.
(b) In the event the Licensee removed, relocated or disturbed any fence or other property of the Licensor in
connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or
removal of the Road Encroachment, with or without the Licensor's consent, the -Licensee shall, at Licensee's sole
expense, restore such fence or other property to the same condition it was in before such fence or other
property was removed, relocated or disturbed.
SECTION 11. ASSIGNMENT.
The Licensee shall not assign this agreement I or any interest therein to any purchaser, lessee or to any
other person without the written consent of the Licensor. If the Licensee fails to secure the Licensor's consent
to any assignment, the Licensee will continue to be responsible for obligations and liabilities assumed herein.
SECTION 12. SUCCESSORS AND ASSIGNS.
Subject to the provisions of Section 11 hereof, this agreement shall be binding upon and inure to the benefit
of the parties hereto, their respective heirs, executors, administrators, successors and assigns.
VOL, 2077pir 4,09
Audit No. 156771
Folder No. 1376-05
�\ THIS SUPPLEMENTAL AGREEMENT is made as of this October
22, by and between MISSOURI PACIFIC RAILROAD COMPANY (hereinafter
the "Licensor") and BRIAN L. BYRD (hereinafter the "Licensee").
RECITALS:
By instrument dated f, the parties hereto entered into
an agreement (hereinafter the "Basic Agreement") identified
as Audit No. 156771, covering license of real estate for a
private roadway at Round Rock, Texas.
The parties now desire to modify the Basic Agreement by
amending Article II and Section 9(b) of Exhibit B thereof.
AGREEMENT:
NOW, THEREFORE, IT IS AGREED by and between the parties
hereto as follows:
Section 1. AMENDMENT OF ARTICLE II.
Effective October 1, 1991, Article II of the Basic
Agreement is hereby amended to read as follows: "This agreement
shall be effective as of October 1, 1991, and shall continue in
full force and effect to and including September 30, 1996, and
thereafter from year to year, subject to termination as
hereinafter provided."
Section I. AMENDMENT OF SECTION 9(b) OF EXHIBIT B.
Effective October 1, 1991, Section 9(b) of the Basic
Agreement is hereby amended to read as follows: "Effective
October 1, 1996, this agreement may be terminated by either party
on thirty (30) days written notice given to the other party.
Section IV. AGREEMENT SUPPLEMENTAL
This agreement is supplemental to the Basic Agreement,
as herein amended, and nothing herein contained shall be
construed as amending or modifying the same except as herein
specifically provided.
IN WITNESS WHEREOF, the parties hereto have caused this
Supplemental Agreement to 'be executed as of the day and year
first hereinabove written.
Brian L. Byrd
MISSOURI PACIFIC RAILROAD COMPANY
Director -F' perations
Q \-Ii�
Ii NOV 14 PI1 4- 534
'01
STATE OF TEXAS COUNTY OF WILLIAMSON
I hereby certify that this instrument was FILED
on the date and at the time stamped hereon
by me, and was duly RECORDED in the Volume
and Page of the named RECORDS of Williamson
County. Texas, as stamped hereon by me, on
fY co 91
40ub %t
tR
COUNTY GLER�S
4�'orocuuN`�� WILLIAMSON COUNTY, TEXAS