HomeMy WebLinkAboutResolution - 052853A - License To Lay Temporary Water Line- Southwest Lubbock Little League- Quaker Ave - 05/28/1953 �- IS.
RESOLUTION
WHEREAS, the Southwest Lubbock Little League is the lessee of
P. Covington, et al, on all that property known as Block Thirteen (13) of
the John W. Jarrottts Subdivision of the Northwest One-fourth (NW g), Section
Fifteen (15), Block B. Lubbock County Texas, and the said Southwest Lubbock
7 Little League is using said tract of land as its playing and practice field
r and there are no existing water servicing facilities in any alley or street
abutting said property; and,
7j WHEREAS, the said Southwest Lubbock Little League is desirous of
running a private temporary water line tCrom the nearest City water line from
which the above property can be served and in order to run said private water
t line it will be necessary to use a portion of a public street; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COMISSION OF THE CITY OF LUBBOCK:
SECTION 1. That subject to the: hereinafter terms and conditions the
Southwest Lubbock Little League, its successors and assigns, is hereby granted
la license to lay and construct a temporary water line across Quaker Avenue, being
more particularly described as follows, to-wit:
BEGINNING at a point 284 feet North of the Southeast
Corner of Tract 1 (One), Block Twelve (12). Roles Acres
Subdivision of the Northeast One-fourth (NE 4) of Sec-
tion Seventeen (17), Block B. Lubbock County, Texas;
r THENCE West across and under Quaker Avenue to Block
Thirteen (13) of the John W. Jarrottts Subdivision of
the Northwest One-fourth (NW-t), Section Fifteen (15),
Block B, Lubbock County, Texas;
AND any slight variation or deviation from the above
described course for a better alignment or for other
reasons shall be considered within the rights and privileges
of this easement.
SECTION 2. Said licensee shall pay to the City as compensation for said
license the sum of One Dollar ($1.00) per year for the duration of said license,
which shall be for a period running from year to year, subject to the right of the
City to cancel or revoke said license upon thirty (30) dayst notice, with or
without cause.
SECTION 3. Licensee shall indemnify and save harmless the City from
any and all claims, losses, damages and expenses of every nature which the City
incur or become liable for, resulting from the constructing, laying and
intenance of said private water line.
SECTION 4. Licensee shall bear the entire cost of ditching and laying
said water line and in refilling said ditch. The ditching, laying said water line
nd replacing of dirt therein shall be done under the supervision of the City
ngineer, and the work shall be done at a time subject to approval by said Engineer.
The licensee shall provide and erect such barricades, warning signs and other
,- safety devices, under the supervision and as directed by said City Engineer, and
he licensee shall pay all cost incidental to such supervision.
SECTION 5. Licensee shall lay said water line at a minimum depth
of tbxw feet (31) under street grade, as determined by the City Engineer, and
said water line shall not exceed a maximum of one inch (1") in diameter.
SECTION 6. At such time as the license should be cancelled or revoked,
the private water line as laid and constructed under the license, shall become
the property of the City of Lubbock.
SECTION 7. The license and privilege grantedtherein shall not be
transferable, in.whole or in part, except upon written Consent of the City of Lub-
bock in each instance
SECTION g. The license shall grant to the said Southwest Lubbock Little
League the right to transport City water through said water line for the purpose
of drinking water and improvement of their Playing fields and shall not be
distributed or sold to any other persons or used for any other purposes than as
herein stated. The licensee shall be expro ssly prohibited from making ar4v
connections onto said Water line in accordance with said license at any point
thereon except as horein otherwise stated.
SECTION 9. In the event adequate facilities being made available at
a reasonable cost to serve such property by the City of Lubbock placing its water
line along and through any alley abutting the above mentioned property and the
City of Lubbock can service such property, tnen in that event the said licensee
shall, within a reasonable time thereafter, abandon the use of a private water
line contemplated within the terms of this resolution and license agreement and
shall obtain service from such line so running .through an alley or street abutting
said property.
On motion of Commissioner Carpenter _, seconded by
Commissioner khomas , the foregoing Resolution was
approved and passed on this 2-jUh day of May , 1953, by the
following vote:
Commissioners voting "YEA": Carpenter, Davis, Thomas and Mayor Pro tem
"orris.
Commissioners voting "NAY": None.
ATTEST: Murrell Rr Tripp, Mayor
Harxy Morris;, Mayor Pro-item
City Secreta -Tre surer
CAM:rr
5-22-53
-2-
CA31'r 5-22-53 OSZGS^BA
so is sr LUU= LIT US LZAMS
This LICE= =49 the 28tn 47 of az ,.,._, 19331
between the CM (W LMM=, a ; Ramicipet corpora hereinafter
called and SMMW T LTtSi= LITTLE LMUS, of Lubbock County, Texas,
hereinafter called 1lAcensee,'o
VITDRSSETH:
THAT the partite hereto, for the aonsiderations hereinafter axpresse81,
covenant and agree as followat
1. That subject to the hereisoeofter stated terms and condition,
the Southwest Lubbock Little Leagm of lxbboek, its smeeseor* and assigns,
is hereby granted a license to ly and ecostruot a tarter line across taker
Avensm in the City of Lubbock, being ►moats particularly described as follmo
to•wi is
WOISBQSd at a point 284 feet North of the Southeast
Coraeor of Traot 1 (One) Mxm* Twelve (22)E Rolas Acres
Subdivision of the lior� One-fourth (SR 0of l3ea-
tion Seventeen (19)0 Mock II, Lubbock Country Texas;
2=0 hest acres* and uxlerr Qabrer Ave me to Block
Thirteen (13) of the John V. darrott►s subdivision of
the Borthwo st OW-fourth OF 0v Section Fifteen (15).
Block B. Lubbock County* Tvum►al
And wW slight variation or deviation from the above
described couree for a bettor alignment or tar other
reasoeom shall be considered wit44he rights and privileges
Cr this eaesment.
2. Liconsoe *hall VqW to the City of Lubbock as coppensatiom for said
Uome the a= of One Dollar $i.00) pair year for the duration of said license,
which obeli rue for a period of year to year, PROVMD, BOMZR# the City =Y
rwroke or as said l,i.comm# vith or w itbout cause, by giving written notice to
Licansee that ,said 11muse has been cam)l.1od or revoked, and said notice ill
be conclusively proamed to be properly served if same be delivered to Licensee
or atw other person at the property here'itmbove described, or'soailod to Lie
at his last known address, said notice Of cancellation, or revocation to be
effective thirty (30) deys trm date tbereal and Licensee covemnte that upon
receipt of sold ootiec or upon ex piroti ma of the time stated in said notice, the
private water line sbal,l become the propo►rty of the City of Lubbock.
9. 'Licoaeee shall Indandfy and save harmless at all time the City
of Lubbock, agaicot and pmy in full all mass, d mtp or expense that the City at
Lubbock my mwtafto Imomrs or bmw liable for, resulting in.mw so mar from
the constructions, maintenance, tole, otato of ropeir or presence of said private
water lines Including azW such loses damage or expense arrie out of (a) love
of or tel 1�PprV, (b) W to or death of person, (a) #Ca or
other llem► cf oharaa�teri or ( twos or,esseawmats of a W kind.
_ d. Ut emes shall et his on oust, and subject to the supervision *=I
oentard of the City Rngiftor of the City of Lubbock,, locate, construct and
vita ain said prlvute water lies is ouch a ranar and of such tsatorial that It
will scot at arli► time be a sours* Of darVor to or Interference with existing or
future roadbeds or property of!Vw City of Lubbock or the safe optration of a
public road evor aM acrams said private vat-or lirm►. The ditching, UyIW and
r*fillixeB of said private water line shn.11 be done at a time #dbjest to the
�^ approval of said Zngivor# aasd the Limisaee shall provide W ,erect such barri«
+cads,, war alas, and other safety diovices under the stapervisien and as
directed by amid City Fmalmor, axed the 14ocumee shall fay all costs 1%*ideatal
to such cupervision.
o52OS3A
Rr aball ley and a atr ct pivate ►ter sins at
a depth oft (3')r a>tt 2Ub*4 and tIoUirmined t the City
6. The p 4v'ato taster lies apbeal2 mot exceed a=An=oi' mesa in*
(la) to 41amet4 mod liescon oball im time water 21= tolaly for o&vr7lW
treater sold voter lyres for the lialted puTme of 4rldLbV vratar nerd
IWMWWA of Its playbg !Ulda sod Weasee Oaf.]• not distribute or oeUlc
ow agar rersom or teaoa +acid wager traataaepor said private vatior
Thee tar OW r 'flea► traps berell6 otbre 4601goats4od li+eaan"O is
Eby ted 4vV eoumatilem onto water Uto
as lald In a0cor4om with rem Ilosoce at mW point tborem.
7. We lio a codprivtloge a1&. not be tranefordb2o in woe
or in paprt, and ob&U east ova* to the"bomf t of am other person the Licemom
.
except W= ecwew written consent of t I Citrr
S. In the e"nt the Citdr of LtaMwok allU wct*ed lta tooter liwe
odoW and tbraq&anv alloy a+r trtmet+abott log llt*& 13 of fte dobn W, d'errottta
Subdiviolm at the t 2/4a Section 250 MAWk 8a Lufbook. touvW! Texas
and am furnish lA with adequate water at a roarmable cost aW aan eardAw
such property fxqm Ouch aetroot, or allay, theeeaa'eta that event Licousoo Aballa within
ao reasomble Um thareaftoorl the we of "Id privata water t er ne axA *ball
obtain sarries from,owih lI=* so ow 42or or *treat abutt#v
p�r
9. A the commente od paavriaxIcus of this; Amtrument sWl be
vpon and ate- to the bowfit rst the qace"aora, legal rapmeonUUvea,
, haiereae Apd adait$atraatera at %be InrU*s bero" to am extent acted
ate as the sem are blMIM upon paW *am to t* bwutlt of than part
b uvtoo but so asolemsout bereof tr L • ble halm and aftlelatratora or
or WV Wamequout aft shan be bindit upon the Char of
vithtat written ecovent of the City of Lutbook to each lratmoo# sa boralm prat.
mad.
WTMW UUNWI the partloo team" ommouted We apvenwat In
Aq ate the day end yaw,first aUnt Witten.
C
byr
AT=
t Harry Morris, Mayor Pro-tam
t ava"Ire. Low# City Sacatary—T
SOV 14"i
t
AT=i
THE OTATB (W TRH
COU S Cr
SUM 144 they tadmresigoM a Rot&W PtUle M affi for Lubbock
Gear Tee, on thlb der pereearally apixered MMOM R. 'iwp', kown to we
to be person %home now is subsoribeeet to they foregoing .marts ut, dud
aetknowledgod to no that he ejaouba8 tho amm as the act and dead ar tba CITY
ELF LIB and as tATM, for the purpomv aW eozoideration therein exp ressed,
and its tho eepaclty therein stated,
UM tM=. tff ROD AWD SU.1, CT OITICB, this ,�...«. day of
A. D. 1953.
a
t6 L) IWARY "MM, Lubbock Countys Texas.
THE tITATE OF TMS
Cmm LIUMM
SMU M, the urAcraigmed authority! a WoUry Public in and for
Lubbock Texas ease this days poreeosmlElt appeared ,
Irm yet of W 1 MMM LITTZ LUCIM, a Wrporat , to m to
the permits vhoso to is eaubseribed to that foregoing laateament and ackw odge d
to me that be macuted the as the act and deed of the OOMUWWT t
LTM3 Ii IS# a Corpo tionp.for the purpco n atsd etowidesratiem tbereia expacaawd
and lets tha capacity tkareixt stated.
GIM VIMR i!Y RM AND SIAL GP MIU, this ",,,,,,,.,r,,, Aay of
As 0,1953o
(SAL) IWARY Fit UC, Lubbock Comty, tax".
APPRtV£Dt
City Attorney
AFFROM
City ftimer
'T�