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
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Lave a Lowr ecretary IV ved
Treasurer
city Attorney
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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