HomeMy WebLinkAboutResolution - 111474D - Land Use License - Southwestern Public Service Co - Leroy Elmore Park - 11/14/1974//A0Vf'X/Z
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the MAYOR of the CITY OF LUBBOCK BE and is hereby authorized
and directed to execute for and on behalf of the CITY OF LUBBOCK a Land Use
License in favor of SOUTHWESTERN PUBLIC SERVICE COMPANY, attached
herewith which shall be spread upon the minutes of the Council and as spread
upon the minutes of this Council shall constitute and be a part of this Resolution
as if fully copied herein in detail.
Passed by the City Council this 14th day of November 1974.
ROY BASS,
ATTEST:
Treva Phillips, 9ity Secretary -Treasurer
APPROVED AS TO FORM:
red O. Senter, 'Jr.* City
_LAND USE LICENSE
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
The City of Lubbock, a Home Rule Municipality located in Lubbock
County, Texas, acting by and through its Mayor hereunto duly authorized, for
and in consideration of the sum of ONE AND NO[100' ($1. 00) DOLLARS to -it
in hand paid by Southwestern Public Service Company,. A Corporation organized
under the laws of the State of New Mexico whose main office is in Amarillo, .
Potter County, Texas, does hereby grant to said Southwestern Public Service
Company a license to construct, operate, and maintain an underground electrical
transmission and/or distribution line in, under, along, and across the following
described tract of land;
Being a strip of land 10 feet wide, being 5 feet wide along .
I side of the following described centerline;
Being in Section 10, Block E-2, Lubbock County,. Texas
and further being in Leroy Elmore Park in the City of
Lubbock;
BEGINNING at a point which lies 222.27 feet South and
554. 9-8 feet West of the NE Corner of said Section 10, said
Point of BEGINNING also lying in the East Right of Way line
of Quaker Avenue, a dedicated street to the City of Lubbock;.
THENCE East 14 feet;
THENCE South 366 feet;
t
TEMPORARY WORKING PERMIT DESCRIPTION
A temporary land use permit is also hereby allowed Permittee
as a temporary working permit for a strip of land twenty feet
wide being ten feet wide on either side of said center line along
its entire length, which temporary working permit shall ipso
facto expire, without further writing upon completion and
covering up of the electrical line constructed under the terms of
this land use permit, the surface to be restored to the satisfaction
of the Director of Parks and Recreation of the City of Lubbock.
This License is granted upon the following terms and conditions:
(1) Southwestern Public Service Company shall have full right of engress
and egress for purposes necessary to carry out the privileges granted by this
License, subject to payment of re-entry fee as set forth in sub -paragraph (3)
below. Said electrical line shall be at least 52 inches below ground level.
.(2) This License is to be construed as a license only and is not to be construe(
as the grant of a permanent or perpetual easement or conveyance of land of any kind
or nature.
(3) This License shall be for a term of 20 years from date hereof unless
sooner terminated or cancelled as hereinafter provided.
Southwestern Public Service Company as consideration for
this license shall pay to the City of Lubbock the sum of
$690.00 in advance (being a fee of $500. 00 plus a per lineal
foot fee of 50 cents per foot for 380 feet making $190. 00
for lineal foot feet, all aggregating said sum of $690. 00).
Southwestern shall further pay and further obligates itself
, to pay the additional amount of $250.00 each time its agents,
servants, representatives, or employees re-enter the land
use area (after initial construction hereunder) for any purpose
including but not limited to operation, repair, maintenance,
and/or reconstruction of the electrical transmission and/or
distribution line, and Southwestern Public Service Company's
right of re-entry for such purposes is hereby made subject
to payment of said entry fee of $250.00 in advance to the
City of Lubbock prior to such re-entry in each instance.
(4) Southwestern Public Service Company agrees by its acceptance of this
agreement to move, re -shift, or relocate its lines placed pursuant to this
License when requested to do so by the City of Lubbock after 30 days notice, to be
done at the expense of Southwestern Public Service Company. It also agrees to
restore the surface above the electrical transmission and/or distribution line to
original and safe condition after initial construction and each re-entry.
(5) This License is made subject to the condition that LICENSEE, and
the successors, and assigns of Southwestern Public Service Company will at all
times defend, indemnify and otherwise hold the City of Lubbock, its agents,
servants and employees harmless of and from any and all claims, demands, actions,
causes of action, suits at law and in equity and costs of whatsoever kind or nature
which may grow out o f or relate to the making of this License or the exercise by
Southwestern Public Service Company of the privileges granted by this License,
and the operation, construction, reconstruction, repair, maintenance, and use of
said electrical transmission and/or distribution line. If said line is damaged in
any way by any cause, Southwestern Public Service Company shall bear the ex-
pense of its repair.
(6) The City of Lubbock, at its election, may cancel and revoke this
License, with or without cause, upon thirty:(30) days notice to Southwestern
Public Service Company. Said notice shall be deemed properly served if de-
posited in the Post Office, postpaid, addressed to Southwestern Public Service
Company, Lubbock, Texas.
(7) Upon termination of this License, by revocation and/or cancellation
by .CITY, by mutual consent of the parties hereto or otherwise,
Southwestern
Public Service Company shall remove, at no cost to CITY, any or all improve-
-ments and appurtenances thereto, if any, made or placed pursuant to this License,
if such removal is requested by the City of Lubbock.
(8) Southwestern Public Service Company accepts the terms, covenants,
and conditions of this License and agrees to be bound thereby.
(9) This License and privilege shall not be transferable in whole or in part,
and shall not inure to the benefit of any other person, firm, corporation, or organi-
zation other than Southwestern Public Service Company except upon express written
consent of the City of Lubbock.
(10) All covenants and provisions of this instrument shall be binding upon
land inure to the benefit of the successors, legal representatives and assigns of
the parties to the same extent and effect as same are binding upon and inure to
the benefit of the parties hereto, but no assignment hereof by Southwestern Public
Service Company, its successors, legal. representatives or assigns, or any subse-
quent assignee, shall be binding upon City of Lubbock without the written consent
of said CITY in each instance.
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