HomeMy WebLinkAboutResolution - 081160G - License For Use Of Public Way- Mackenzie Village South Inc- Mackenzie Terrace Ad - 08_11_1960 JWF g <
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RESOLUTION
-. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Mayor of the City of Lubbock is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a License for
Use of Public Way between said City and Mackenzie Village South, Inc. , A copy
of said License is attached to and made a part of this Resolution.
Passed by the City Commission this llth day of August 1960.
GASEY, May -------
ATTE form
— City Alforney
Lav is Lowe, ity secretary-Treasurer
LICENSE FOR USE OF PUBLIC WAY
THE STATE OF TEXAS
COUNTY OF LUBBOCK
This License made the 11th day of August, 1960, between the City of Lubbock,
a Home Rule Municipality, Lere a ca ed "CITY" and Mackenzie Village South, Inc., here-
in called "LICENSEE".
WITNESSETH:
THAT the parties hereto, for the consideration hereinafter expressed, covenant
and agree as follows:
(1) in consideration of the sum of ONE AND N0/100 ($1.00) DOLLARS payable
as follows: contemporaneously with grant and acceptance of this License, CITY hereby
grants LICENSEE a License for the following purpose: construction and maintenance of
paved parking facility on the condition that this License is granted suWct to the construco
Lion of a parking curb to be placed no closer than twelve (12) feet from the face of the
curb of the paved portion of the street abutting the property hereinafter described snd that
owned by the LICENSEE and that a five (5) feet side walk will be maintained by the
LICENSEE upon and immedWely abutting the property which is curbed as provided in the
City Building Code all to be constructed, at the following designated locations
` BEGINNING at a point which is 143 feet South of the Southwest
corner of Tract A, Mackenzie Terrace Addition to the City of
Lubbock, Lubbock County, Texas;
THENCE East along a line parallel to and 43 feet South of the
North line of Survey 4, Block O, Lubbock County, Texas to a
point, said point'being 26.97 feet North of the Northeast corner
c of Lot 1. Tract D, Mackenzie Terrace Addition;
THENCE North 630321 East Z00.97 feet;
THENCE North 860Z59 East 200.Z feet;
THENCE North 89olSI East 295.9 feet to a point, said point
being South 0003' 451, East 100 feet and North 89015' East 171.16
feet from the Northwest corner of Survey 4, Block O;
THENCE Northeasterly to the POINT OF BEGINNING.
(Z) This License is made subject to the condition that LICENSEE, and the suc-
cessors, and assigns of LICENSEE will at all tines defend, indemnify and othtrvAse hold
the City of Lubbock, its agents, servants and employees harmless of and from any and
all claims, demands, actions, causes of action, suits at law and in equity and costs of
whatsoever kind or nature which may grow out of or relate to the making of this License
or the exercise by LICENSEE of any privileges granted by this License.
(5) LICENSEE shall at all times exercise the privileges granted by this License
In much a manner as will not interfere with the public use of the public way at the location
t einabove described and so as not to create any dangerous or hazardous condition, thereon,
a..d subject to the supervision of the City Engineer, LICENSEE shall erect such barricades,
warning signs, and other safety devices as may be required by said City Engineer at no
expense to CITY.
(4) CITY at its election may cancel and revoke this License, with or without cause,
upon thirty (30) days notice to LICENSEE. Said notice shall be deemed properly served if de-
liosi8 in the Post Office, postpaid, addressed to LICENSEE at Lubbock, Texas.
(5) Chia License and privilege shall not be transferable in whole or part, and shall
i ,inure to the benefit of any other person, firm, corporation, or organization other than
LICENSEE except upon express written consent sA GITY.
(6T Upon termination of this License, by revocation and/or cancellation by CITY,
by mutual consent of the parties hereto or otherwise, LICENSEE shall remove, at no cost
to CITY, any or all improvements and appurtenances thereto, if any, made or placed
pursuant to this License, if ouch removal is requested in writing by the CITY.
(7) LICENSEE accepts the terms, covenants, and conditions of this License and
agrees to be bound thereby. In the event two or more parties execute this instrument as
LICENSEE, all covenants and agreements of this License shall be joint and several cov-
enants and agreements of such parties.
(8) All covenants and provisions of this instrument shall be binding upon and
.cure to the benefit of the successors, legal representatives and assigns of the parties to
the same extent and effect a8 same are binding upon and inure to the benefit of the parties
hereto, but not assignment hereof by LICENSEE, its successors, legal representatives
or assigns, or any subsequent assignee, shall be binding upon CITY without the written
consent of CITY in each instance.
CITY OF LUBBOCK
BYs
—Mtsyor+....,... �.
ATT"Ts
L IF secr"emery-Treasurer
MACKENZIE VILLAGE SOUTH, INC.
Sys
LICENSEE
THE STAIE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, 4 Notary Public, in and for said County,
Texas, on this day personally appeared . President of
MACKENZIE VILLAGE SOUTH, INC., a-argoratton, cwn`to meelole`the person whose
cause is subscribed to the foregoing instrument and acknowledged to me that he executed
the same as the act and deed of MACKENZIE VILLAGE SOUTH, INC., a Corporation, for
the purposes and consideration therein expressed and lathe capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of August, 1960.
(SEAL)
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