HomeMy WebLinkAboutResolution - 061357D - Occupancy License For Farm Purposes - Right Of Way Agent - Lopp 289 - 06_13_1957 � i %Sol
R E S O L U T I O N
4
7f • A RESOLUTION ADOPTING OCCUPANCY LICENSE FOR FARM PURPOSES
,AND ;AUTHORIZING GRANTING SAID LICENSE AND EXECUTION BY CITY
MANAGER.; INSTRUCTING THAT SAME BE RECORDED BY CITY OF LUBBOCK
RIGHT-OF-WAY AGENT.
WHEREAS, the City of Lubbock, has acquired and will hereafter acquire
certain lands suitable for agricultural purposes in connection With the Highway
Program of said City; said land being within the Right of Way of what has been
described and designated as Loop Z89 located and situated in Lubbock County,
Texas; and,
WHEREAS, the time when said land will actually be occupied for a public
highway is now uncertain;{ and,
WHEREAS, it appears that it will be in the public interest that the land be
utilized by the adjacent and abutting land owner for farm purposes,only until the
land .acquired and owned by the City of Lubbock is needed; and,
WHEREAS, applications will be made by owners of land adjacent and
abutting the hand owned by the City of Lubbock to occupy and use said land for
farming purposes; and,
WHEREAS,. it has been determined that the attached license should be
granted upon proper application being filed with the Right of WaV Agent for the
City of Lubbock; NOW, THEREFORE,,,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
THAT on written application of the owner of land adjacent. and abutting land
owned by the City of Lubbock being filed with the Right-of-Way Agent and the
delivery of an executed acknowledged acceptance of the License (copy of which
is attached hereto and is hereby approved) the City Manager is hereby directed
and authorized to execute the Occupancy License for and in behalf of the City of
Lubbock, all to be attested by the City Secretary-Treasurer by signing and affix-
ing the Seal of the City of Lubbock thereto.
Be it further resolved and the Right-of-Way Agent for the City of Lubbock
BE and he is hereby authorized and instructed to cause the original executed
License so granted to be recorded in the -Deed Records of Lubbock County, Texas.
Passed by the Commission this 13 day of ,tune 1957,
S. S. orrest,_Tr__ M 4_
ATTEST:
61
Lavenia Lo e, City Sec tary-Treasurer
FOS:gb
CITY OF LUBBOCK
MEMORANDUM,Inter Office > , y
�r.
TO: J. T. Scott, Right-of-way Department Date June 4, 1957
FROM: Fred O. Senter, Jr. , Assistant City Attorney
SUBJECT:ROW forms for Loop 289
Please find attached hereto Application For Occupancy License For
Farm Purposes and Occupancy License For Farm Purposes forms
as requested by your memo dated May 20, 1957. Also attached is
Resolution adopting said ROW forms.
FRED O. SENTER, JR. ,
Assistant City Attorney
FOS/sam
bo Duration and Termination of License.- This License is etzective xrom and
after the written acknowledged acceptance hereof by Licensee and shall remain valid
subject to the will and determination of said Municipality which reserves the right at any
time or season with,. or without notice to Licensee to go upon and/or possess said tract of
land for all purpose's. Upon the exercise of this right-of-entry to possess said land by
the Municipality acting through its contractors, officers, agents, servants and employees
all rights of Licensee to use and occpy said tract of land shall thereby cease, and
Licensee agrees and does hereby"yyield up peaceable possession of said tract of land to
said Municipality and further agrees that he will in no manner obstruct or attempt to
obstruct any possession, or repossession made or attempted to be made by Municipality,
its contractors, officers, agents, servants and employees.
ca Licensee not a, Lessee.- No legal title or lease hold interest in said tract of
land or app"u tenan,ces thereto shall be deemed or construed to be created or vested in
Licensee by an.y thing contained herein or by any acts or conduct of any agent, officer,
or employee of Municipality.,
dm Use of Premises.- This License is expressly personal to Licensee, and the
benefits, use aTd occupancy under this license inures to Licensee only and to no other
person., and, Licensee is permitted to use, occupy, and farm, said land through his ser-
vants and, employees; and this License is in no wise assignable in whole or in part.
' J COVENANTS, OBLIGATIONS AND RESPONSIBILITY OF LICENSE&
an Ix demn,itya Licensee, by the use an occupationof said tract of land, antici-
pates an entry and possession at will by the Municipality, and Licensee hereby agrees
that no damages, liability or cause of action of any character shall accrue to Licensee
or any other person or persons by reason of any entry or possession. by Municipality
and l:.i.ceneee hereby assutnes all, any and every risk involved and agrees and is hereby
obligated. to hold said Municipality harmless from any and every damage, claim,
cause of action, suit, judgment and any other cost in any manner growing out of or
connected with Licensee's use abd occupation of said tract of landr and/or entry and/.or
possession by the Municipality, and Licensee agrees to defend the Municipality's right
of entry and possession against any person, whomsoever, and Licensee's use and
occupancy of said tract of land shall be and constitute the evidence of acceptance of this
obligation, binding on Licensee,, his heirs and administrators.
b. Waiver of Damages-, Licensee's rights binder this License to use and farm the
tract of land, herein described will cease upon. entry by the Municipality, acting through
its contractors, officers, agents, servants, and employees, and in consideration of
the use and, benefits received by Licensee, the Licensee hereby vrrajArez :any and all. damage
or dama,.ges to crops or other property damage which does or might result from, any
entry by Municipality which may be made with or without notice. It being anticipated by
Licensee that crops of some character may be on said tract of land when entry is made
by Municipality for p°arpose of repossessing said tract of land, and in consideration of
the use of laid tract of land for farming purposes, Licensee consents to the destruction