HomeMy WebLinkAboutResolution - 2023-R0205 - Street Use License with Lubbock Country Club in Section 78, Block AResolution No. 2023-R0205
Item No. 6.15
April 25, 2023
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and
on behalf of the City of Lubbock, a Street Use License, to use a portion of a dedicated street for
a water pipeline, located in Section 78, Block A, Lubbock County, Texas, by and between the
City of Lubbock and Lubbock Country Club, and all related documents. Said License is
attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council on April 25, 2023
APPROVED AS TO CONTENT:
Michael Keenum, P.E., Division Director of Engineering/City Engineer
APPROVED AS TO FORM:
Ryantrg6ke, Senior Assistant City Attorney
ccdocs/RES.Street Use Lic-Lubbock Country Club
3.16.23
Resolution No. 2023-RO205
STREET USE LICENSE
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
This License made this �R 0 day of Mg rc A , 2023, being the
date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal
Corporation, and LUBBOCK COUNTRY CLUB, hereinafter called "LICENSEE."
WITNESSETH:
Subject to the terms, conditions, and provisions herein, the CITY OF LUBBOCK does
hereby grant to the LICENSEE, the right, privilege and License to use a portion of a dedicated
street for a water pipeline, as described in Exhibit "A" attached hereto.
The term of this License shall be for ten (10) years from date hereof, and shall be
automatically extended for a successive ten (10) year term not to exceed twenty (20) years in any
event unless either party shall give written notice of termination to the other party before the
expiration of the first ten (10) year term, as the case may be, and the CITY OF LUBBOCK
retains the right at its election to cancel and revoke this License, with or without cause, upon
thirty (30) days notice to LICENSEE. Said notice shall be deemed properly served if deposited
in the post office, postage paid, addressed to LICENSEE at 3400 N. Mesa Road, Lubbock,
Texas 79403, or the last known address of LICENSEE.
Upon the expiration or cancellation and revocation of this License by the CITY OF
LUBBOCK, or the abandonment of this License by the LICENSEE, the improvements that are
permitted under this License shall be removed by the LICENSEE and the property shall be
restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event
LICENSEE fails or refuses to remove such improvements after demand by the CITY OF
LUBBOCK, the CITY OF LUBBOCK shall take possession and remove or cause to be removed
such improvements, and the expense incurred shall be assessed against LICENSEE, for which
LICENSEE shall be liable.
1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation for such grant
the sum of EIGHT THOUSAND THREE HUNDRED FIFTY-NINE AND 201100 DOLLARS
($8,359.20) cash in advance contemporaneously with the acceptance and execution hereof by
LICENSEE for the first ten (10) year term of this License, and thereafter such rate of
compensation may be changed for each succeeding ten (10) year term by the CITY OF
LUBBOCK to a rate of compensation which is based on procedures and policies as established
by the City Council of the CITY OF LUBBOCK, based on an appraisal of the fair market value
of such land by the Right -of -Way Department of the CITY OF LUBBOCK, as applied to the
formula for determining such rate established by the City Council. If such rate is not changed by
the CITY OF LUBBOCK, the rate for the preceding ten (10) year term shall apply. The CITY
OF LUBBOCK shall notify the LICENSEE of any change in rates in writing ninety (90) days
before the start of the ten (10) year term to which such change in rate shall apply, and if such
notification is not made, then the rate for the preceding ten (10) year term shall apply.
2. The LICENSEE agrees to pay all costs arising out of the exercise of this License
herein granted including, but not limited to, the cost of cleanup of any oil, hazardous substance,
or other material, the replacement and repair of paving, sidewalks and utilities of any nature
damaged as a result of the construction authorized by the License.
3. In the event the CITY OF LUBBOCK determines that the License herein granted
interferes with or causes the rerouting or realignment of any public utility, franchised utility or
sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or
franchised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK or such utility, as
the case may be, for its expense in relocating or rerouting over and above the expense which
would have been incurred except for LICENSEE'S use herein.
4. This License is not transferable by the LICENSEE without first receiving the
written consent of the City Manager of the CITY OF LUBBOCK.
5. This License is made subject to the condition that should the LICENSEE exercise
any right under this License and prepare or begin or complete any part of the construction as
herein contemplated across any or all of the above described property, then and in that event,
said LICENSEE, its successors and assigns, will at all time defend, indemnify and otherwise
hold the CITY OF LUBBOCK, its agents, servants and employees harmless from any and all
claims, demands, actions, causes of action and suits at law or in equity of whatsoever kind or
nature which may grow out of or be related to the making of this License or the construction or
maintenance use permitted herein. The CITY OF LUBBOCK, at its option, may require an
agreement with any contractors hired by LICENSEE to perform the construction, repair or
maintenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK from
and against all claims, liability, cost and expense growing out of the performance of the work to
be done by such contractors. The CITY OF LUBBOCK may further require any of said
contractors, when engaged in the construction, repair or maintenance permitted herein, to
furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and
in a form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of
all the terms, covenants and conditions contained in said agreement, and a certified copy of a
policy of public liability insurance assumed by said contractors in said agreement with the CITY
OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to
incurring any costs or expenses or the payment of any such claims or demands in order to give
LICENSEE a reasonable opportunity to settle or adjust the same.
6. LICENSEE agrees and is required to furnish a policy of public liability and
property damage insurance within limits specified by and in a form satisfactory to the City
Attorney for the CITY OF LUBBOCK, and which names the CITY OF LUBBOCK as the
insured, said policy covering the uses herein granted.
General Liability Insurance. Owner shall maintain general liability insurance
with a combined single limit of a minimum of $100,000 per occurrence and such insurance shall
include the following:
■ Bodily Injury and Property Damage
■ Broad Form Contractual Liability
Owner shall provide a Certificate of Insurance to the City of Lubbock as evidence of the required
insurance coverage. The Certificate will provide 30 days notice of cancellation. Such Certificate
of Insurance shall name the City of Lubbock as an additional insured and must include wording
which states that the policy shall be primary with respect to any insurance carried by City of
Lubbock and be endorsed to include a waiver of subrogation in favor of the City of Lubbock.
7. All of the covenants and provisions of this License shall be binding upon and
inure to the benefit of the successors, legal representatives, assigns and the duly authorized
agents and contractors of the parties hereto to the same extent and effect as the same are binding
upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE,
its successors or assigns shall be binding upon the CITY OF LUBBOCK without the consent of
the CITY OF LUBBOCK in each instance, except as specified in numbered paragraph four (4).
8. LICENSEE, by the acceptance of the uses permitted herein, understands and
agrees that no interest, title or rights of possession are intended or implied except those expressly
set forth herein, and LICENSEE waives any and all claims in and to the public way it is
permitted to use hereby and agrees to give peaceful possession of said property covered herein
upon termination or cancellation of this license. No interest for real property is conveyed or
granted by this License.
9. The CITY OF LUBBOCK reserves the right to exercise any right or remedy
available to it by law, contract, equity, or otherwise, including without limitation, the right to
seek any and all forms of relief in a court of competent jurisdiction. Further, the CITY OF
LUBBOCK shall not be subject to any arbitration process prior to exercising its unrestricted right
to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and
may be exercised concurrently. To the extent of any conflict between this provision and another
provision in, or related to, this document, this provision shall control.
AGREED TO AND ACCEPTED this
CITY OF LU
TRAY4AYKE-MAYOR
day of I l c-' rC A 52023.
LUBBOCK COUNTRY CLUB:
By: n
Printed Name:
Title: GM I c 0 0
A EST:
Courtney Paz City Secretary
APPROVED AS TO CONTENT:
llt�
Michael Keenum, P.E., Division Director of Engineering/City Engineer
APPROVED AS TO FORM:
Ryan B ok , Senior Assistant City Attorney
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State, on this day personally appeared Tray Payne, Mayor of the City of Lubbock, known to me
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that he/she executed the same for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
of A2 rl 1 , 2023.
WARINA REYES NotaryPublic in and for t State of Texas
ary Public State of Texas My Commission Expires: 0�r07--,�0j
otary ID# 13331645-5
ommission Expires 09-07-2025
THE STATE OF TEXAS
COUNTY OF L,4�, e K
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State, on this day personally appeared Cm� / M A 11 f, !T t, 2 z , 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 purposes and consideration therein expressed and as an act and deed of said
Lubbock Country Club.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this g day
of ma rc'k , 2023.
=o��"� °�a, SAYLI HAWKINS +
Notary ID #131165629
''� of MY Commission Expires
June 8, 2025
Street Use Lic-Lubbock Country Club
3.16.23
Notary Public in and for the State of Texas
My Commission Expires: 6 -$ -11Z S
EXHIBIT
� �
PERIMETER SURVEY OF A 0.2975 ACRE TRACT
LOCATED IN THE NORTHWEST QUARTER OF
SECTION 78, BLOCK A
LUBBOCK COUNTY, TEXAS
N
am
NOTES:
HEAVY LINES INDICATE PLAT LIMITS.
CONTROL MONI MENTS AS FOUND ,FWD i�HOWN.
0 - SET 1 ROD WITH
CAP FiiA
0 - UND FO1/2" RCN ROD WITH CAP HRA"
o - FOUND 3/4" IRON PIPE
APPROXIMATE EDGE OF ASPHALT
a - ASPHALT PAVED
20230053/Bob(TCW)
SECT/ON 9, BLOW A
�,"°"
T ka Nft"W30t 618.0a
I 36
\ NOR TH IVE 37
�
METES AND BOWDS DESCRIPTION of s 02975 ace out located in the Norfhaesl Quaver of Secthoo 78. Block A,
Lubbock County, Texas, being further described as follows.
BEOINNINO at a lIr iron rod with cap malted 91RA' act in the North line of Section 73. Block A. for the Northwest comer
of this traL which bean N. 89`39'30' E a distancecif 1%&82 fat from the Northwestcoma of Section 78. Block A,
LubbocIrCouny, Texas:
THENCE N. W$W30' E, slang the Nardi line ofSection 78, at 424.37 bet pan a 3N' bon pipe found in the North
rigkof-way lice of mid Monica Rood, confirm fora toed dissimee of 618.00 feel to a Urban and with east marked
'HRA- food in the Ent rigWof-way hoc of Men Road as dedicated by plot recorded in Vole 369. Page 46l of the Dad
Records of Lubbock Coeoy. Ton amd the Western boundoy of Lcc I. Country Club Addition, according to the map. plot
andros dedwtiom deed thereof taarded m Volume 19S3, Page 159 ofthe Dad Records of Lubbock Canny, Texas, atom
Northeast coma ofthis tract:
THENCE S. 9V2rW E, alm l; sad Past rightof-way time and the Western boundary of aid Lin I, a distance of 20.00 fat
to a lir ima rod with cap marked'HRA' found a the most Emictly Southeast comer of this tracK
THENCE S. 89.5930' W. a distance of M.03 Rct to a lir iron rod with cap mmkcd'HRA" see fro an'eir coma of thus
tract:
THENCE S. 00'1724' E a dismaee of 30.00 feel to a IQ' boa rod with cap marked "MIN act for the most Southerly
Southeast cormerof thistract
TMNCE S. 89'SVW W a duu mce of 20.00 feet to a IIY iron rod with cap marked'HRM act for the Southwest cam of
this tract
THENCE N. 00'1724' W a distance of 30.00 feet to the Point of Begirming.
Caution. 12,960 square lot.
Bmmap am mtawc to the Eau line of Section I I. the West tine of Section 78, previously surveyed ad «eogi mod a brag
North4omth.
TITLE CONLNITMBNT
No abstract oftulcor tub: coamnmmm was provided to this surveyor. Record tneareb done by this nmveyor was made
only fro the purpose ofdetermmmg the boudaryofthis property and of the adjoining parcels. Record documents other than
thecae shown au tM surrey may eaist and ereomber this property.
Tor surrey and all mfeemaunm hereon is for the exelmri s use of Lubbock Cau"hy Club and atoll use be copied or
used except for the purpose far which it a expressly famished,
It
1
I
fW
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_
v
1, Cyril It. Turner, Test RWitered holkinrooal land
Surveyor No. 6460, do baebyeertrly thatthisnnvey was
made au the ground A detemwtm n to whether this
property din within a speed flood harard area was out made
for this survey
Pma
Registered Profenimisl [and Sunoyor
No. 6460 State ofTew
emall: emaeggbUgorecdeom
�fc OF . TF
CWM HOWARD TURNER
0 8180 e
AND
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Proposed Street Use License for «rater Pipeline
Located Within a Portion of Kent Street, Block A, Section 78
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KENT ST
iPropo:od Sheet We license
12,960 sq ft
i
Foot
0 100 200 _00 +00 :00 Ciryaf
Aa rocpund oy Ct"to MI GoosprA Data Oroftd ottn0 CMWn�l raw tnn procaset a tot tnformol0n4i pjrpQ"e Lubbock
and may not nave Deer prepared for or be emtaah7 br,,;} eng-eenrtg or swirfiyaq purposes tt doe3 +art represent an tells
wne.gmuna wirvey and rapnoerra only J» approximre relatfro lour -on at propsrry ooundarne
Dtgitni Ot tAophmogrnpbv • NUV 2021