HomeMy WebLinkAboutResolution - 2002-R0344 - Addition To Land License- Bleacher's Sports Cafe - 08/29/2002Resolution No. 2002-RO344
August 29, 2002
Item No. 91
RESOLUTION
WHEREAS, Bleacher's Sports Cafe of Lubbock, Texas (herein called
"Licensee") and the City of Lubbock (herein called "Licensor ") entered into a Street
Use License Agreement which is dated May 23, 2002, for the purpose of Licensee
constructing and maintaining an overhead and ground level dining area in a dedicated
public street as therein described, said Street Use License is incorporated by reference
into this Resolution as if written in detail in this place; and
WHEREAS, said Licensee has requested the Licensor for an amendment to the
terms of said Street Use License to cover one additional tract of land (which is also part
of a dedicated public street) to be used for the purposes hereinafter set forth; and
WHEREAS, Licensor after consideration of the matter finds such request will
not discommode the public in the use of said dedicated public street and such request
should be granted as hereinafter set forth; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT in addition to the existing tract of an overhead and ground
dining area, the following additional tract is added by this amendment to said Street
Use License as an additional tract of land licensed to Licensee for the purposes as
hereinafter stated:
BEGINNING at a point that is 12.00 feet North and 8.00 feet West of the
Southwest corner of Lot 10, Block 215, Original Town Addition to the City of
Lubbock, Lubbock County, Texas;
THENCE West 1.50 feet to a point;
THENCE North 40.00 feet to a point;
THENCE East 9.50 feet to a point;
THENCE South 3.00 feet to point;
THENCE West 8.00 feet to a point;
THENCE South 37.00 feet to the POINT OF BEGINNING.
SECTION 2. THAT by Licensee's payment to Licensor of the additional sum
of SEVENTY-NINE AND 80/100 DOLLARS ($79.80), and acceptance of said
additional consideration by Licensor as additional compensation for the licensing of said
one additional tract (being part of the dedicated street as hereinabove stated), Licensee
accepts all the terms of the existing Street Use License as applying to the one additional
tract of land hereby licensed to Licensee. Such acceptance by licensee of the terms of
said Street Use License as applying to said one additional tract of land is further made
by Licensee by using the street area for a fire escape area and a railing. The term of
the Street Use License shall terminate at the same time as originally provided in said
Street Use License Agreement.
SECTION 3. THAT except as hereby amended, the terms of said Street Use
License shall remain the same, and as hereby amended is hereby ratified and confirmed
by Licensor by passage of this Resolution and by Licensee's acceptance of the terms of
this Resolution as aforesaid.
Passed by the City Council on this
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right-of-VV Agent
APPROVED AS TO FORM:
Linda L. Chamales
Supervising Attorney/Office Practice
gs:/ccdocs/Bleachers Sports Cafe.reso
July 30, 2002
29th day of
W
t 1-2 , 2002.
MgDOUGAL, MAYOR
Larry Hertel, City Engineer
Agenda Items and Comments for City Council Meeting of August 29, 2002
Page 6
CITY OF LUBBOCK
AGENDA ITEM SUMMARY
ITEM#!SUBJECT:
# Consider a resolution authorizing the Mayor to execute an amendment to a
street -use license with Bleacher's Sports Cafe for the use of a City street in
Block 215 Original Town Addition to the City of Lubbock for a fire escape
area and railing (1719 Buddy Holly Avenue).
BACKGROUND/DISCUSSION:
Bleacher's Sports Caf6 at the northeast corner of 181" Street and Buddy Holly
Avenue was granted a street -use license by the City Council on May 23
(Resolution No. 2002-R0207). The license allows the business to utilize 8 feet of
the east right-of-way of Buddy Holly Avenue adjacent to the west side of their
building for balcony and street level dining areas. During building plan review,
the Fire Marshal determined that an additional point of ingress/egress from the
second floor was needed because of additional occupancy load. Bleacher's
added a stairway from the balcony to the ground level in the north portion of the
licensed area. This stairway encroaches an additional 1.5 feet into the east right-
of-way of Buddy Holly Avenue. They also added an iron railing along the west
side of the stairway and their ground level dining area extending 1.5 foot beyond
the licensed area for a total width of 9.5 feet.
The total additional street area to be occupied by this resolution amendment will
be 84 sq. ft. That will be 1.5 feet by 40 feet on the west side of the existing
license and 3 feet by 8 feet on the north portion of the original license. This
street -use license amendment will be under the same terms of the original
license which has a term of twenty years, payable every five years in advance.
The City will receive $16.80 per year or $84.00 for each five year period in
addition to what we are receiving for the original license.
SUMMARY/RECOMMENDATION:
The additional licensed area still leaves all of the brick -paved sidewalk free for
pedestrian traffic. The Right -of -Way Department recommends the approval of
this amendment to Bleacher's street -use license.