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Home My WebLink AboutResolution - 120860A - Structural And Aerial Easement- Homer G. Maxey Oil Properties Inc- Original Town - 12/08/1960JPBLc RESOLUTION �� f WHEREAS Homer G. Maxey Oil Properties Inc.% the owner of Pioneer Hotel abutting on the East !a north -south alley in Block 1171; Original Town of Lubbock, Lubbock Countyl Texasx; for a distance of 125 feet along said alley in the South half of said BlockF, proposes to improve and expand such hotel facility by construc tion of permanent improvements -0, including improvements above said alleyt but not less than 14'1/2 ;feet above the ground surface of said alley; and WHEREAS$ the adjoining owners on the other side of the alley havep, in writing, consented to such improvements; and WHEREAS,X such improvements will enhance taxable valuations of the City of Lubbock improve the facilities for the inhabitants of the City of Lubbock;, and wil not interfere with public use of said alley or create any hazardous or dangerous condition therein; and WHEREASs said owner of the Pioneer Hotel will leave o en to the public said entire alleyway for its entire length and to a height of 14 1 2 feet and to its pre- sent width, except such minor space along the West edge thereof as may be neces- sary for appropriate', supporting structure for the improvements above; and WHEREAS* said alley shall remain open for all utility services and all proper ingress and egress by the public; and WHEREAS,* the City is authorized under the law and its Charter to grant the use of portions of alleys for private use1, and may grant franchises for the use of streets and alleyls; WHEREAS. the City Commission finds that the granting of such easements will not interfere with the public use of the street :right of way nor create any hazardou or dangerous condition thereon; and would be authorized by Article 1085 YA# C. S. and the City Commission deems it expedient and in the public interest to grant sai request; NOW THEREFORE: BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. That the Mayor be and he is hereby authorized and directed to execute and deliver for and on behalf of the city of Lubbock the' attached easement from the said City to, Homer G. Maxey Oil Properties; ,Inc,V granting said Homer G. Maxey Oil Properties,, Inc. 0, a surface and aerial easement along and hex that certain north�south alley lying between and adjacent to Lots 10 and lla 'Block 117, Original Towna City of Lubbock, Lubbock County,, Texas, and being inore parti- cularly described by'metes and bounds as follows, to -=wit; BEGINNING at the Northeast corner of Lot 11, Block 11 7,,' Original Town,,, City of Lubbock,, Lubbock County,, Texas; THENCE South 125 feet to a point; THENCE West 20 feet to a point; THENCE North 125 feet to a point; THENCE East 20 feet to the PLACE OF BEGINNING: such easement as attached being incorpara led by reference in this resolution as fully as if set out in whole herein for all purposes. SECTION 2. THAT the City Secretary is hereby authorized and directed to attest the signature of the Mayor to said easement and shall affix the seal of the City of Lubbock thereto. Passed by the Commission this .8th day of December 19--- Q`. _s � _ DAVID C. ASEYA Mayor ATTEST: Form Laveni Isowef City ecretary-Treasurer City Attorney j r STRUCTURAL AND AERIAL EASEMENT THE NATE Or TEXAS t COUNTY OF LUBBOCK I KNOW ALL MEN BY THESE; PRESENTS: THAT the CITY OF LUBBOCK, a Home Rule Municipal Corporation of Lubbock County. 'Texas, hereinafter referred to as GRANTGIR, acting by and through its officers heretofore duly authorized. for and in consideration of the sum of ONEAND NO/ lap ($1. QED) DOLLARS, to it in band paid by the HOMER G6 MAXEY OIL PROPERTIES# ,INC., of Lubbock. Lubbock County. Texas. hereinafter referred to as GRAKTEE# receipt of which is hereby acknowledged, and other consideration, does hereby to the extent that it may lawfully do so, GIVE AND GRANT Tinto the said HOMER C. MAXEY OIL PROPERTIES, INC., the owner of the Pioneer Hotel, without abandoning any public use right vested in GRANTORO an aerial easement above 14 1/2 feet and right to construct structural supporting posts or columns above and along the ''W'ent edge of that certain North-boutb alley lying between and adjacent to lots 10 and 11. Block 117. Original Town, City of Lubbock, Lubbock County, Texas and being more particularly described by mates and bounds as follows. to -wit: BEGINNING ,at the Northeast corner of Lot 1 t, Block 117. Original Town. City of Lubbock. Lubbock County, Texas; THENCE South 1g5 feet to a point; THENCE West Zo feet to a point; THENCE North lg6 teat to a paint; THENCE East 24 feet to the PLACE OF BEGINNINGa PROVIDED. THAT, all structural supporting columns or posts built under the authority of this easement shall be constructed along the Wast edge of ,said alley as above described, exclusively. that said columns or poste shall not exceed thirteen {13) in number and none of said columns qr posts shall protrude more than twenty-four (Z4) inches into the alley area within and under a heigth of 14 1/2 feet above the surface of said alley*; and that all such columns and posts constructdd under the authority of this ease- ment shall further be constructed of such materiae and in such design as may be determined by GRANTOR in its sole discretion as being sufficient to safeguard the safety of the public using said alley. M. PROVIDED FURTHER, THAT., such aerial easement, as hereinabove described, -is to begin at a point 14 1/2 feet above the sidewalk or alley- els- nation thereunder and extend to a point no lfther than Gine Hundred and Sixty - Five (1651) feet above said alley elevation; and provided further that no column, post or other structure of any character or nature whatsoever shall be placed on the public night of way except at the locations and in the manner hereinabove specifically designated; and provided further that GRANTEE, at its sole costa, shall furnish and install such attachments as may in the sole discretion and determination of GRANTOR be necessary for alley and -street lighting along the East side of said alley. IY. This grant is made subject to the condition that GRANTEE shall pay all costs whatsoever which may either directly or indirectly arise from either the relocation or re-routing of all underground'or overhead utilities :novo lo- cated within either said surface and/or aerial easements above. GRANTOR. shall be the sole and final judge of which and how many of said utilities shall be either located or re-routed and the manner aAd time within which said utilities shallbe so relocated or re-routed. This grant is made subject to the further' ;condition that GRANTEE shall furaish, provide, install and maintain permanent lighting for the public alley included within the area of the above: easevz% atst such lighting to be of the site and types and at such locations as 0RAi1TOR I in its sole discretion shall determine to be necessary. via This grant to made subject to the further condition that GRANTEE shall reconstruct and maintain all oidewalks, curbs, gutters, streets and alleys over, under and adjacent to the above-described areas as they existed prior to construction dune under the authority of this casement so that it wi.11'be safe for pedestrian and customary vehicular traffic. The GRANTEE shall repair and replace to City of Lubbock s,peci,fications# at GRANTEE'S expense, all damage to the streets, alley and sidewalk improvements removed or damaged during construction. Vil. This grant in made subject to the further condition that GRANTEE shall at s eexxeircise the rights herein granted is such a manner as will not interfere with the ;public use of the public way at the locations hereinabove described and so as not to create any dangerous or hazardous condition thereon. This grant is made subject to the further condition that GRANTEE , its successors and assigns# 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 *11 claimal demands, actionng causes *faction, alit; a suits at law and its equity and costs of whatsoever kind or nature which may grow out of at relate to the granting of this right or the exercise by the GRANTEE of any privileges granted hereby. TO HAVE AND TO HOLD the said promises$ together with all and singu- lar the rights, privileges and appurtenances hereinabove granted, unto the said ROMER ta. UAXEY OIL PROPZRTYES#, NC., its successors and sssigns# forever# subject to the conditions hereinprovided. GRANTEE*, HOMER. G MA XEY OIL ROP;ERTIES$ INC. f, hereby cove• v nts for Itself, its succe�sso>rs ; representatives and assigns forever, that this contract shall be obyeerved and that the covenants, conditions and duties' hereby placed on it shall run with the land,; and in addition to any cause a of action accruing to GRANTOR for GRAN'TZLIS failure to comply with said cove- nants; conditions and duties, aforesaid. the GRANTOR shall have the right sof re-entry. WITNESS OUR. HANDS this ,day of CITY OF LUBBOCK ATT'ESTs " events, L wee, City cretaurer HOW;R G. MAXEY OIL )PROP'ERTIES# INC., ATTEST: ieco rr try