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HomeMy WebLinkAboutResolution - 081160I - License For Use Of Public Way - Mackenzie Village Inc - Mackenzie Terrace Add - 08_11_1960 Tw,4•wg 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 directed and authorized to execute for and on behalf of the City of Lubbock a License for Use of Public Way between said City and Mackenzie Village, Inc. A copy of said License is attached to and made a part of this Resolution. Passed by the City Commission this 11th day of August 1960. bAVID-C. r ATTES"//// For ray Laven' Lowe, City ecretary-Treasurer City Alfom�y (8) All covenants and provisions of this instrument shall be binding upon and -- ure to the benefit of the successors, legal representatives and assigns of the parties .o the same 'extent and effect as same are binding uponthd inure to the benefit of the parties hereto, but not assignment hereof by LICENSEE, its successors, legal represen- tatives or assigns, or any subsequent assignee, shall be binding upon CITY without the w;eitten consent of CITY in each instance. 4; CITY OF LUBBOCK BY- ATTEST t L tty'&acre easur r MACKENZIE VILLAGE, INC.. H'Yt LICENSEE THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public. in and for said County, Texas, on this day personally appeared , President of MACKENZIE VILLAGE, INC., a CorpoiatTo—r7."Va—own Fame o `the poison whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of MA.CKENZIE VILLAGE, INC., a Corporation, for the pur- poses and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY LAND AND SEAL OF OFFICE, this dayeLAugust. 1960. (SEAL) wry FuMi,--f:ubboc'-o`unt`y, lexue" LICENSE FOR USE OF PUBLIC WAY THE STATE OF.TEXAS ,'`COUNTY OF LUBBOCK This License made the llth day of August, 1960, between the City of Lubbock, a Home Rule Municipality, here a ca dd "CITY" and Mackenzie Village, Inc., herein called "LICENSEE". IVITNESSETH: THAT the parties hereto• for the consideration hereinafter expressed, covenant and agree as followst (1) In consideration of the sum of ONE AND NO/100 ($1.00) DOLLARS payable as follows: contemporaneously with grant and acceptance of this License, CITY hereby grants LICENSEE a License for the following purposet construction and maintenance of paved parking facility on the condition that this License is granted subject to the construe- 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 and that owned by the LICENSEE and that a five (5) foot side walk will be maintained by the LICENSEE upon and imn-ediately abutting the property which is carbed as provided in the City Building Code all to be constructed, at the following designated location: BEGINNING at the Southwesterly most corner of Tract A, Mackenzie Terrace Addition to the City of Lubbock, Lub- bock County, Texas; THENCE South 57 fecti THENCE East parallel to and 43 feet North of the South line of Section t, Block A. Lubbock County, Texas, to a point that is V feet South of the Southeast corner of said Tract A, Mackenzie Terrace Additions THENCE North 27 feet to the Southeast corner of said Tract A; THENCE South 89015' West a distance of 14 feet; THENCE Northwesterly along the South line of said Tract A, Mackenzie Terrace Addition to the POINT OF BEGINNING. (2) This License is made subject to the condition that LICENSEE, and the suc- cessors, and assigns of LICENSEE will at all times defend, indemnify and otherwise 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 kited 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. (3) LICENSEE shall at all times exercise the privileges granted by this License in such a manner as will not interfere withttatpublie use of the publicwtiay at the location hereinabove described and so as not to create any dangerous or hazardous condition thereon, and subject to the supervision of the City Engineer, LICENSEE shall erect such barricades, ,yarning signs, an other safety devices as may be required by said City Engineer at no xpease to CIT (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 property served it deposited in the;Post Office, postpaid, addressed to LICENSEE at Lubbock, Texas. (5) This License and privilege shall not be transferable in whole or part, and shall not inure to the benefit of any other person, firm corporation, or organization other than LICENSEE except upon express written consent of CITY. (b} 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 I CITY, any or Ot improvements and appurtenances thereto, if any, made or placed pursuant .o this License, If such removal is requested in writing by the CITY. (7) LICENSEE accepts the terms, covenants, andem4tt6ne of this License and agireess to be bound thereby. In the event two or more parties executed this instrument as 1ACENSEE, all covenants and agreements of this License shall be joint and several cov- enants and agreements of such parties.