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HomeMy WebLinkAboutResolution - 052258B - License For Use Of Public Way - Fred D. Newman - Robinson Subdivision - 05_22_1958 �� ~ I RESOLUTION : A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A LICENS FOR THE USE OF A PUBLIC WAY FOR AND ON BEHALF OF THE CITY OF LUBBOCK TO FRED D. NEWMAN FOR THE CONSTRUCTION AND/OR MAINTENANCE OF A FIRE ESCAPE ABOVE THE ALLEY AT THE REAR OF LOT 7, BLOCK 2, OF ROBINSON SUBDIVISION TO THE CITY OF LUBBOCK: TEXAS. WHEREAS, Fred D. Newman has requested the City of Lubbock_to issue him a license for use of a public way to construct a,fire escape 13 feet, 3 1/2 inches above the ground level above an alley at the rear of Lot 7, Block 2, Robinson Subdivision to the City of Lubbock_ LubbockiCounty, Texas; and, WHEREAS, the City Commission finds that said fire escape would not interfere with the public use of said alley and the City Commission deems 9 it expedient and in the public interest to grant said request; NOW THEREFORE;, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK' ".: � i SECTION 1. THAT the Mayor BE and he is hereby authorized and directed to execute for and on behalf of the City of Lubbock':a license for use of a public way to Fred D. Newman for the purpose of construction and/or maintenance of afire escape at the following designated location: At the rear of Lot 7, Block 2, Robinson Subdivision to the City of Lubbock, Lubbock County, Texas, said fire escape . to be located at least 13 fe.et,. 3 1/2 inches above the ground level of said alley and not to extend more than 2 1/4 feet into the air space above said alley. SECTION 2. The City Secretary is hereby authorized and directed to attest the signature of the Mayor to said license and to affix the seal of the City of Lubbock thereo. Passed by the Commission thisday off 1958. 'ENN1�BKRE�t,Mayor ATTES r L Lave a Lowr ecretary IV ved Treasurer city Attorney i! Ktr _� , i i CITY OF LUBBOCK UMMORMDUK Inter oitlee TO: N. B. McCullough, Director of Public Works Date May 19, 1958 I1WM: J. Worth Fullingim, Assistant City Attorney si anw: License for Use of Public Way to Fred D. Newman Our File No. S-32-23 Please find attached hereto License for Use of Public Way between the City and Fred D Newman to construct a fire escape at the rear of Lot 7, Block 2, Robinson Subdivision, as requested by your memo randum dated May 16, 1958. Also Resolution authorizing same. t Assistant City Attorney JWF:gb Attached Zo THENCE South a distance of 237. 5 feet to a point, THENCE South 1.6o421 West a distance of 56. 03 feet to a point, THENCE North 8.lo2tt East a distance of 41.56 feet to a point; THENCE East 13. 0 feet to a point; THENCE North 160421 East a distance of 41. 76 feet to a point, THENCE North a distance of 24.5 feet to a point, said point being in the North line of said Lot Two (2); THENCE West along the North line of said Lot. Two (2) a distance of 50 feet to"the POINT OF BEGINNING, containing . 33 acres, more or less. SECTION Z. THAT the City Secretary is hereby authorized and directed to attest the signature of the Mayor to said Correction Suit Claim Deed and affix the seal of the City-of Lubbock thereto. Passed by the Commission this 12th day of June , 1958. NNIS BAKER, Mayor dm ATTifi g3 v . Cagea owe, aty S Cre'ta ry- Treasurer *Aftmay ;C7 JWF:.gb 6/2/58 067256 f5 LICENSE FOR USE OF PUBLIC WAY Form No. L-5 THE STATE, OF .TEXAS .1 COUNTY I OF LUBBOCK. - I ts:License made.the 22ndday. of May 19.58 , between the.City of Lubbock, a Home Rui unicipality, herein. called.. "CITY" and FRED D« NEidMA.N herein ct1led "LICENSEE". WITNESSETH: THAT the parties hereto, fbr the consideration hereinafter expressed, covenant and agree a.s follows- (1) In consideration of the sure of ONE AND N0/100 ($1..00) DOLLARS payable as follows: Payable in advance each year this License shall remain in effect. City hereby grants LICENSEE .a License for,;the following purpose-Monstruction and/car saimt ea ace of a fire escape to curve a 24-unit apartment house. h.t the followi.n.g desiguaated location: At the alley at. the rear of Lot 7, Block 2, Robinson Subdivision to the City of Lubboc Lubbock'Oounty, Texas,, said fire escape to be located at least 13 feat, 3 1/2 inches above the ground level of said alley and not to extend more than 2 1/4 feet into the air space above,.said alley. (Z) This License is riade subject to the condition that LICENSEE, and the heirs, successors, Lnd assigns of LICENSEE will at all times defend, indemnify and otherwise hold the City of ..4ubl�ock, its agents, seirvants and employees harrmleos of and from any and all claims, demands, Lctions, causes of acCion, suits at law and in .equity and costs of whatsoever kind or nature which nay grow out of or relate to the making of this LLieeh$e or, the exercise by LICENSEE of any >rivilege s granted by )his ,License.: 3) LICENSEE iahall At all times exercise the privileges granted by this License in such a canner as will not.antertere with.the public use of the public way at the location hereinabove lescribed aid so as nqt to cteate any dangerous or hazardOus condition"thereon, and subject to the snpexvislon of the City Eigineer, LICENSEE shall erect such barricades, warning signs, and ether safety devices as may be required by said City Engineer at no expense to CITY. �4) CITY at its(elf ttiott may cancel and revoke this License, with or without cause, upon thirty �30) days Aotioe to LICENSEE. Said notice shall be deemed properly served if .eposited in the boat Offit,e, postpaid, addressed to ,LICENSEE at �5) This License and privilege shall not be transf+erabl+e ifi whole or ire; part, and shall not au,re to the benefit of any other person, firm, corporation, or organization other than ,ICENSEE except upon express written consent of CITY, 16) Upon termination of this License, by revocation and/or cancellation by CITY, by mutual onsent mf thy* pa�rt3els "h"ere t ..O lather se, LICENSEE shall remove, at no cost to CITY, any r all improvements and a:ppurte.nances thereto, if'axay, made or placed pursuant to this License, if such removal is requested by the CITY. (7) LICENSEE.accepts the terms, covenants, and conditions of this .Lice.rise .rid agrees to be ouad thereby In the .event..two or more parties execute this instrument as LICENSEE, all cove- ants and agreements .of this License ,shall be joint and several convenantsi and agreements of sue) P.rtieaa (0).. All covenants and provisions of this instrument shall be binding .upon and inure to the Bnefit of the successors, legal representatives and aevigns of the parties to,the same extent and Efect as same are binding upon and inure to the benefit of-t-he partiep hereto, bait xxo assignment areof by LICENSEE, its Aucoessors, legal representatives or assigns, or any subsequent asisi- :aee, shall be binding upon .CITY without the written consent of CITY in each instance. CITY UBBQCK TTESTa r BY. ,� 11111 ayo r LICENSEE ity Secretary-Treasurer