HomeMy WebLinkAboutResolution - 092569A - Alley Use License - Charles Scott - Air Space In James Subdivision - 09/25/1969RESOLUTION
E 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
for Air Space in favor of Charles Scott, 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 25th day of September , 1969.
avema Lowe,
PPROVED:
Secretary -Treasurer
. Senter, Jr., City A
ALLEY USE LICENSE FOR AIR SPACE
THE STATE OF TEXAS 4
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK �
This indenture made this 25 day of SSFP
1869, between the CITY OF LUBBOCK., Texas, a Home Rule Municipality
of Lubbock County, Texas, hereinafter called "City" and CHARLES SCOTT,
hereinafter called "Grantee."
WITNESSETH:
Subject to the terms, conditions and provisions herein, the CITY
OF LUBBOCK, Texas. does hereby grant unto Grantee the right, privileges
and license to construct, occupy and maintain than uses stated below. to be
located within a portion of the alley abutting the North one-half {,) of Lot 19
and the North 100 feet of Lot 20, James Subdivision, Lubbock County,
Texas, as more particularly shown and described on the drawing hereto
incorporated and made a part hereof, said alley license for air space
being a strip 7.5 feet in width and $0. flit feet in length.
I.
The uses permitted under this license are described as the installa-
tion and/or construction of a bridge crane to the rear of a building located
can the North erne -half () of Lot 19 and the North 104 feet of Lot 20, James
Subdivision of Lubbock County, 'Texas, said bridge crane to be operated
within the licensed area above described, provided that such aerial license
is to begin at a point thirty (30) feet above the alley elevation thereunder
and extend upward to a point no higher than thirty-four (34) feet above said
Talley elevation; and provided further that no column, post, or sign or other
structures of any character whatsoever shall be pladed on the public right
of way.
EER
The term of this license shall be for twenty (20) gears from the date
of adoption hereof and thereafter for a period running from month to month
at the will of the City.
The Grantee shall pay to the City as compensation for such grant
the sum of FIVE ANIS NO/100 DOLLARS ($5.8a) per year for the duration
of this license, with the first year payable on the execution of this instru-
ment and ;a like sum payable on January last of each succeeding year for
the duration of this license.
IV.
Payment of the annual fee provided above, except the initial pay-
ment, shall be made by Grantee to City on January lot of each year this
license is in effect. Notice of such fee being due shall be sent by the Catty
to Grantee and upon failure'** Grantee to pay such fee within thirty (80)
days from receipt of such notice, the City shall consider such nonpayment
as a default in this license, and the City Council shall determine whether
such license shall be considered forfeited and may select to demand vaca-
tion by the Grantee.
V.
Prior to the construction of any improvements within the aerial
space authorized by this instrument, !Grantee shall submit to the City
Engineer plans and specifications of the construction to be dome, and
Grantee shall not commence construction of any of said Improvements
until such plans and specifications are approved by the City Engineer.
Vi.
This grant is made subject to the condition that Grantee will pay
all costs arising out of the exercise of the license and right herein granted,
including but not limited to the replacement and repairing of paving, side-
walks, and utilities of any nature occasioned by the construction of the
Improvements contemplated by this instrument. All such repair and
replacement to be done in accordance to City of Lubbock specifications.
VII.
This grant is made subject to the ,further condition that Grantee,
his heirs, successors and asssignasa, shall at all times defend, indemnify
and otherwise hold the City of Lubbock, its officers, agents, servants and
employees, harmless of and from any and all elaime, demands, actions,
causes of action, suits at law and in equity and coasts of whatsoever kind
or nature which may grow out of or relate to the granting of this right for
the exercise by the Grantee of wW privileges granted hereby.
VIII.
This grant las made subject to the further condition that Grantee
shall at all times exercise the rights herein granted in such a manner as
will not interfere with the public use of the public way at the location
hereinabove described and ,so as not to create any, dangerous or hazardous
conditions thereon.
TO HAVE ANIS TO HOLD the said premises together with all and
singular the rights, privileges and appurtenances hereinabove granted unto
the said CH&RLES SCOTT, his heirs and assigns :forever, subject to the
conditions herein provided.
Grantee, CHARLES SCOTT, herein covenants for himself, his
heirs, representatives and assigns forever, that this contract shall be
observed and that the covenants, conditions and duties hereby placed on
him shall run with the land and in addition to any causes of action accruing
to Grantor for Grantee's failure to comply with said covenants, conditions
and duties, aforesaid, the Grantor ,shah have the right of re-entry.
WITNESS MY HA14D at Lubbock, Texas, this 25 day of
. SEP 11989.
CHARLES SCOTT. `Grantee"
THE STATE OF TEXAS j
COUNTY OF L.UI3BOCK I
.BEFORE ME, the undersigned authority, a Notary Public in and for
said County, Texas, on this day personally appeared W. D. ROGERF, JR.,
known to me to be the person whose name is subscribed to the foregoing,
instrument and acknowledged to me that he executed''the some as the act and
deed of -the CI'T'Y OF LUBBOCK and as MAYOR, for they purposes and con-
sideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HANTS AND SEAL OF OFFICE this _�___r_day of
,1$69.
Notary F blic, Luubbock County, Texans
THE STATE OF TEXAS !
COUNTY OF LUBBOCK #
BEFORE SIE, the undersigned authority, a Notary Public In and for
said County, Texas, on this day personally appeared CHARLES SCOTT, 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 con-
sideration therein expressed.
GIVEN UNDER MY HAND ANIS SEAT. OF OFFICE this y of
1969.
Notary Public, Lubbock County, Texas
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