HomeMy WebLinkAboutResolution - 248 - Alley Use License- Ralph Quest- Fence Guard Rail, Behind Lot 177, Raintree Add - 08/23/1979RESOLUTION #248 - 8/23/79
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 an Alley Use
License between the City of Lubbock and Ralph Quest, 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 23rd day of August ,1979.
DST, MAYOR
ATTEST:
00-1
Evelyn -Ga fga, City ec e y -Treasurer
APPROVED AS TO FORM:
J. W9 Fullingim, Asst. City Attor y
�h TIED TO RESOLUTION 4248 - 8/23/79
i
ALLEY USE LICENSE
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This indenture made this 23rd day of August , 1979, between
the CITY OF LUBBOCK, TEXAS, a'Home Rule Municipal Corporation, and Ralph
Quest, Lubbock County, Texas, hereinafter called "LICENSEE."
WINESSETH:
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 dedicated alley to construct and maintain a guard rail to
protect adjacent fence owned by Licensee, said portion of alley being described
as follows:
Metes and Bounds description of a portion of alley way situated
behind Lot 177, Raintree Addition to the City of Lubbock, Lubbock
County, Texas.
Beginning at a point which bears South 30° 01' 10" West a dis-
tance of 1.5 feet from the most Westerly corner of Lot 177,
Raintree Addition to the City of Lubbock, Lubbock County, Texas;
Thence South 58° 59' 50" East along a line parallel to and 1.5
feet Southwesterly from the Southwest side of Lot 177 a distance
of 65.36 feet;
Thence South 30° 01' 10" West a distance of 1.0 feet;
Thence North 58° 59' 50" West a distance of 65.36 feet;
Thence North 30° 01' 10" East a distance of 1.0 feet to the
place of beginning.
1. The terms of this grant shall be from year to year not to exceed
twenty (20) years without renewal by the City Council 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, ad-
dressed to 'LICENSEE at 8506 Louisville Drive, Lubbock, Texas or the last known
address of LICENSEE.
Upon expiration or cancellation and revocation of this license by the
CITY OF LUBBOCK or the abandonment of the 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
enter 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.
2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such
grant the sum of TWENTY AND N01100 ($20.00) DOLLARS cash in advance Ve
contemporaneously with the acceptance and execution hereof by LICENSEE.
3. The LICENSEE agrees to pay all costs arising out of the exercise of
this license herein granted, including but not limited to the replacement and
repairing of paving, sidewalks and utilities of any nature occasioned by the
construction as authorized by this license.
4. In the event -the CITY OF LUBBOCK determines that the existence of
such use 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 of such relocating or rerouting over and above the expense which would
have been incurred except for LICENSEE'S use herein.
5. This license is not transferable by the LICENSEE without first receiving
the written consent of the City Manager of, the CITY OF LUBBOCK.
6. This license is made subject to the condition that should the LICENSEE
exercise any right under the license herein granted and prepare or begin or
complete any part of the construction as herein contemplated across any or all
of the above set out property, then and in that event said LICENSEE, his heirs
and assigns, will at all times 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, 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 and 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 contractor. The CITY OF LUBBOCK may further require
such contractor, 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 the 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 assumed by contractor 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.
7. 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.
8. 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 arebinding upon and inure to the benefit
of the parties hereto, but no assignment hereof by the LICENSEE, its successors
and assigns, shall be binding upon the CITY OF LUBBOCK without the consent of
the CITY OF LUBBOCK in each instance except as specified in Paragraph Five
(5)
9. 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 he and agrees
to give peaceful possession of said property covered herein upon termination
or cancellation of this license.
CITY OF LUBBOCK'
BYT, �Ay* (Z�
D WEST, MAYOR
ATTEST:
of
Evelyn,. Gaffga, City Secreta -Treasurer•
AGREED TO AND ACCEPTED this !_N_ - U -day o 1979.
LICENSEE:
B
Ralph est
APPROVED AS TO CONTENT:
Wilford Watson, City Engineer
APPROVED AS TO FORM:
J. rth Fullingim7 Asst. Cit Attorney
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas on this day personally appeared DIRK WEST, Mayor, known to me to
be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he executed the same as the act and deed of the CITY OF LUBBOCK and
as Mayor, for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN "UNDER MY HAND AND SEAL OF OFFICE thi�� day of w V�5'T
1979.
Not 'y �Plic, Lub oc�County�,Tiexas
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas on this day personally appeared Ralph Quest, 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 in the capacity therein stated..
64
,GUNDER MY HAND AND SEAL OF OFFICE this day of
1979.
Notary c, Lubbock County, Texas