HomeMy WebLinkAboutResolution - 170 - Street Use License- Lakeridge Country Club Estates- Water Well/Lines, Salem Ave - 05/24/1979y " RESO. #170 - 5/24/79
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 a Street Use
License in favor of Lakeridge Country Club Estates, a joint venture composed of
Lakeridge Country Club Estates, Inc. and FFS Corporation 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 24 day of May ,1979.
WEST, MAYOR
ATTE$T:
Evelyn-Gaf ga,-City Secr t -Treasurer
APPROVED AS TO CONTENT:
Tom Nivens, R.O.W. Agent
APPROVED AS TOO FORM:
� VJ(/ +"' w'
J. rth Fullingim, Asst. Cit ttorney
i
TIED TO RESO #170 - 5/24/79
STREET USE LICENSE
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This indenture made this 24th day of May , 1979, between
the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and Lakeridge
Country Club Estates, a joint venture composed of Lakeridge Country Club Estates,
Inca and FFS Corporation, Lubbock County, Texas, hereinafter called "LICENSEE."
WINESSETH:
Subject to the terms, conditions andprovisions herein, the CITY OF LUBBOCK
does hereby grant to the LICENSEE, the right, privilege and license to use a
portion of dedicated street to construct and maintain a water well and water
lines in Salem Avenue at the following locations:
2.00 feet either side of a centerline extending from .7 feet North
and 20.00 feet East of the Northeast corner of Lot 181, Lakeridge
Country Club Estates to the City of Lubbock, Lubbock County, Texas,
to 18.00 feet West for the water well.
2.00 feet either side of a centerline which is .7 feet North and 16.00
feet East of the Northeast corner of Lot 181, Lakeridge Country Club
Estates an Addition to the City of Lubbock, Lubbock County, Texas,
said centerline extending South a distance of 607.7 feet to a point
16.00 feet East of the Southeast corner of Lot 205, Lakeridge Country
Estates, for the water line.
Water lines are to be buried at least 48 inches below ground surface
level.
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, addressed
to LICENSEE at 4806 -84th Street, Lubbock, Texas or the last known address of
LICENSEE.
Upon expiration or cancellation and revocation of -this license by 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 ONE HUNDRED AND N0/100 ($100.00) DOLLARS cash in advance
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 con-
structed 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 con-
tractor, 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 con-
ditions 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 satis-
factory 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 are binding 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 hereby and agrees to
give peaceful possession of said property covered herein upon termination or
cancellation of this license.
C L B C
BY
DIRK WEST, MAYOR
;AFSTyn Ga fg_4,-City a ary-Treasurer
AGREED TO AND ACCEPTED this. 6th day of June , 1979.
LICENSEE: Lakeridge Country Club Estates
Lakeridge Country Club Estates, Inc.
Vice,' -resident
AP OVED AS T ONTENT:
a
Wilfo D. Watson, City Engineer
APPROVED AS TO FORM:
4 V
s Vmry
J. Vh Fullingim, 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 ac-
knowledged 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 thday of
1979.
No ar Pu c, Lu oc County, Texas
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 Mike Myers ,
President of Lakeridge Country Club Estates, Inc., 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 as the act and deed of said corporation.
GIVEN -UNDER MY HAND AND SEAL OF OFFICE this Wlay of June ,
1979.
Notary Public, Lubbock County, Texas
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE HE, the undersigned authority, a Notary Public in and for said
County, Texas on this day personally appeared Roddy Stargel, Vice -
President of FFS Corporation, known to me to be the person whose name is sub-
scribed 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 as the act and deed of said corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 6 day of June
1979.
Notary Public, Lubbock County, Texas
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