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Home My WebLink AboutResolution - 5255 - Land Use License - Texas Engineering Extension Service - Block A-K - 09_10_1996RESOLUTION NO.5255 September 10,1996 Item #14 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 loth day of September , 1996. Alex "Ty" C oke, Mayor Pro Tem ATTEST: - -2 114arold Willard, Interim City Secretary APPROVED /AS TO CONTENT: Ed Bucy, Right-of-WiFf Agent APPROVED AS TO FORM: old Willard, Assistant C rid—] Attbrney HW.js/LUL-TEES.RES ccdocs/August20,1996 4 RESOLUTION NO.5255 September 10, 1996 Item i114 THE STATE OF TEXAS COUNTY OF LUBBOCK This indenture made this loth day of September , 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 comer of Section 36, Block A-K, Lubbock, Lubbock County, Texas, for the Southeast comer of this tract; 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 comer 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 comer 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 corner of this tract; THENCE S. 00002'26" 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. Bog 711, Lubbock, Texas, 79408, ATTN: BUDDY USSERY, 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, to the extent allowed by State law, 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. 5. LICENSEE is self -insured under Texas Law and a statement referencing the particular statutes and the amount of coverage is attached to this license. 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 give peaceful possession of said property covered herein upon termination or cancellation of this license. CITY OF LUBBOC BY: AA/V4.1/ T ; O& Alex 'Ty" Cook Mayor Pro Tem ATTEST: Jq*n1d Willar- d, Interim City Secfetary APPROVED AS TO CONTENT: Ed Bucy, Right-of-Wa Agent APPROVED AS TO FORM: Wrold Willard, Assistant City Attorney AGREED TO AND ACCEPTED this 7-3 day of 1996. TEXAS ENGINEERING EXTENSION SERVICE BY: 317 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, Mayor of the City of Lubbock, 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 therein expressed and in the capacity therein stated as the act and deed of the CITY OF LUBBOCK. GIVEN UNDER MY HAND AND SEAL OF OFFICE this I 1+L' day of Sf4AA b" , 1996. +'' 'KATHERINE EGGER s Notary ftk, SWO Of Texas LN My CanunWW EOMIW7 THE STATE OF TEXAS Notary Public in and for the State of Texas My Commission Expires: it). to- q-7 A(opv, se. COUNTY OF § AI'VjX7, BEFORE ME, the undersigned authority, a No Public 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 therein expressed and as the act and deed of TEXAS ENGINEERING EXTENSION SERVICE GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2-1 day of .1996. �,*^''� JOHN SKRABANIt, * NOTARY PUBLIC Notary c m and or a State of Texas State of Texas �'�rf��.S Comm. Up. 04-23.97 My Commission Expires:�L TIf- HW.js/LUL-TEES.DOC D7-Deeds,Esmts/August 20, 1996 LAND USE LICENSE TEXAS ENGINEERING EXI'LNSION SERVICE ---- PAGE k12-15-1990 06 5,--'kN FRUhI TEEA TO 96067484386 P.05 ATTACHMOT To Whom It May Concern The following infarrt+ation Is provided: INSUR MCE 1. The Texas A&M University System is self -Ins> nd for Warketa' Compensation Inswence prWded by AUtide M%, V.T.C_S_ Z The System is assured underl an automate liability policy with a combined single limit of 4600,000 for bodily iryury and property darnage- 3. The CraWky of The Texas A,&M University System for porsona( injury and property damage is provided; by the Texas Tort Claims Act Chapter 101, Section 101.021, V.T.CA Civa Practice and Remedies Code_ The 5mits of liability are $260,000 for each person, $500,000 for each single ocarrance for bodily Injary or death and # I OO�OW for each single o=wvnoe for injury to or destruction of property. FOR mUFi m immsmAroN i CONTACT OFFICE ORE MSK MANACfBYMNT MM 646-64.35