HomeMy WebLinkAboutResolution - 5104 - Land Use License - TEES - Section 36, Block A-K - 02_22_1996Resolution No. 5104
February 22, 1996
Item #8
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 Land Use License between the City of
Lubbock and the Texas Engineering Extension Service, attached hereto, and 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
ATTEST:
etty M. fohnson, Vity Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of- way Agent
APPROVED AS TO FORM:
arold 11 ard, Assistant City Attorney
HW:jsnXENGSRV.RES
ccdocs/]anmy 26, 1996
Resolution No. 5104
February 22, 1996
Item #8
�I W1.1 D2 no) D10.1_
THE STATE OF TEXAS
COUNTY OF LUBBOCK
This indenture made this 22nd day of February , 1996,
being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule
Municipal Corporation, and TEXAS ENGINEERING EXTENSION SERVICE, hereinafter
called "LICENSEE."
WITNESSETH:
Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does
hereby grant to the LICENSEE, its successors and assigns, the right, privilege and license to use
portions of City owned land for educational purposes, to -wit:
BEGINNING at a point which bears N. 00°06'28" E., a distance of 1822.50 feet
and N. 89°53'48" W., a distance of 1650.07 feet from the Southeast corner of
Section 36, Block A-K, Lubbock, Lubbock County, Texas, for the Southeast
corner of this travct;
THENCE N. 86034'27" W., along the North right-of-way line of Spur 327, a
distance of 688.44 feet to a point;
THENCE Northwesterly around a curve to the right in the North right-of-way line
of Spur 327, said curve having a radius of 215.00 feet, a central angle of
86°57'58", tangent lengths of 203.91 feet, a chord bearing of N. 43°07'46" W., and
a chord distance of 295.90 feet to a point for a South corner of this tract;
THENCE S. 89054'55" W., along the North right-of-way line of Spur 327, a
distance of 110.05 feet to a point for a South corner of this tract;
THENCE Southwesterly around a curve to the right in the North right-of-way line
of Spur 327, said curve having a radius of 215.00 feet, a central angle of
86°42'20", tangent lengths of 202.98 feet, a chord bearing of S. 43°23'45" W., and
a chord distance of 295.15 feet to a point for a South corner of this tract;
THENCE S. 86045'25" W., along the North right-of-way line of Spur 327, a
distance of 688.81 feet to a point for the Southwest comer of this tract;
THENCE N. 00006'57" E., a distance of 1432.00 feet to a point for the Northwest
corner of this tract;
THENCE S. 89052'26" E., a distance of 1888.15 feet to a point for the Northeast
comer of this tract;
THENCE S. 00"02'26" W., a distance of 1431.34 feet to the POINT OF
BEGINNING.
The term of this grant shall be for ninety (90) days from the date hereof, 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: Texas Engineering
Extension Service, c/o TXDOT, P. O. Box 771, Lubbock, Texas, 79408, ATTN: J. C.
HUMPHRIES, or the last known address of LICENSEE.
1. As consideration for this license, LICENSEE agrees to perform needed dirt work
on the above -described property in accordance with the cut and fill plan on file with the CITY
OF LUBBOCK'S Planning Department.
2. The LICENSEE agrees to pay all claims and costs arising out of the exercise of
this license herein granted including, but not limited to, the replacement and repair of paving and
utilities of any nature occasioned by the use of the property as authorized by this license.
3. This license is not transferable by the LICENSEE without first receiving the
written consent of the City Manager of the CITY OF LUBBOCK,
4. This license is made subject to the condition that should the LICENSEE exercise
any right under this license herein granted and prepare or begin or complete any part of the dirt
work as herein contemplated across any or all of the above described property, then and in that
event said LICENSEE, its successors and assigns, will at all times defend, indemnify and
otherwise hold the CITY OF LUBBOCK, its agents, officers 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 arise out of or be related to the making of this license or the use of the
property, to the extent allowed by State law. &w-.
5. E�E£1S£a�ree5�tnis reai�ec�aisli-�ee�ie�-o-t3el�ks-13abilal-g�or�-
pohey,voveringfi3 -uses-herein-granted: See attachment. PW
6 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 succes-
sors or assigns shall be binding upon the CITY OF LUBBOCK without the consent of the CITY
OF LUBBOCK in each instance, except as specified in numbered paragraph three (3).
7 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 giv M session of said property covered herein
upon termination or cancellation of this li ense.
M
ATTEST:
Betty 14. Johnsok f City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right-of-WW Agent
APPROVED AS TO FORM:
Darold Willard, Assistant City Attorney
AGREED TO AND ACCEPTED this day of , 1996.
TEXAS ENGINEERING EXTENSION
SERVI E
BY%. ' J
C. Wayne Steelman
LAND USE LICENSE
TEXAS ENGINEERING EXTENSION SERVICE --- PAGE 2
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State, on this day personally appeared DAVID R. LANGSTON, 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 herein expressed and in the capacity herein stated as
the act and deed of the CITY OF LUBBOCK.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1/ A/ day of
M "�-3, , 1996.
E"'-ft."
r `"� a JIAY�AE R CREEL4 ARTWEZ
� NOTARY PUBLIC
� jState of Texas
Comm. Exp. 07-01-98
THE STATE OF TEXAS
Q4--- -q —
otary Public in and for the State of Texas
My Commission Expires: 4 - / - 9 7
COUNTY OF —% iK,� §
� C. Wa ne:::Stee
BEFORE ME, the undersigned authority, a otaVPubt1c in and for said County and
State, on this day personally appeared , 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 herein expressed and in the capacity herein stated as the
act and deed of TEXAS ENGINEERING EXTENSION SERVICE
GIVEN UNDER MY HAND AND SEAL OF OFFICE this /y day of
:i-A19i 1996,
[IG
JOHN SKRABANEKNOTARY PUBLIC
State of Texas
Comm. Exp. 04-23.97
JH:js/LUL-TEES.DOC
D6-Deeds,Esmts/January 26, 1996
Notary P c in and for the State of Texas
My Commission Expires: Y/.-3% �
LAND USE LICENSE
TEXAS ENGINEERING EXTENSION SERVICE --- PAGE 3
ATTACHMENT
To Whom It May Concem:
The following information is provided:
INSURANCE
1 _ The Texas A&M University System is self -insured for Workers' Compensation
Insurance provided by Article 8309b, V.T.C.S.
2. The System is insured under an automobile liability policy with a combined
single limit of $500,000 for bodily injury and property damage.
3_ The liability of The Texas A&M University System for personal injury and
property damage is provided by the Texas Tort Claims Act, Chapter 101,
Section 101.021, V.T.CA Civil Practice and Remedies Code_ The limits of
liability are $250,000 for each person, $500,000 for each single occurrence
for bodily injury or death and $100,000 for each single occurrence for injury to
or destruction of property.
FOR FURTHER INFORMATION
CONTACT
OFFICE OF RISK MANAGEMENT
(409) 645-5435