HomeMy WebLinkAboutResolution - 030862G - License For Use Of Public Way - James C. Etter - Country Club Addition - 03_08_1962 JW,Ac � G2 6 IL
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RESOLUTION
BE IT RESOLVED BY THE CITY COMMISSION OF THE,CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed
to execute for and on behalf of the City of Lubbock, Texas, a LICENSE FOR USE
OF PUBLIC WAY to be entered into by and between said City and James C. Etter
sole proprietor of the El Tejas Motel Located at 1000 North Avenue Q, Lubbock,
Texas. A copy of said license shall be spread upon the minutes of the City
Commission of the City of Lubbock, and as spread upon the minutes of said Com-
mission shall constitute and be a part of this Resolution as if fully copied herein
in detail.
Passed by the City Commission this 8th day of March, 1962.
,4_ 6�zza_
Mayor
ATTES
Sorg oved
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Lave is Lowe, C' y Secr tart'-Treasurer
Al- ved
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Attorney
LICENSE FOR USE OF PUBLIC WAY
THE STATE OF TEXAS X
COUNTY OF LUBBOCK Y
This License made the 8th day of March, 1962, between the City of Lubbock,
a Home Rule Municipality, herein called "CITY" and James C. Etter. sole proprietor
of the business known as E1 Tejas Motel, 1000 North Avenue Q, Lubbock, Texas.
herein called 'LICENSEE".
WITNESSETH:
THAT the parties hereto, for the consideration hereinafter expressed, cove-
rant and agree as follows:
(1) In consideration of the sum of ONE AND N0/100 ($1.00) DOLLARS, cash
in hand paid to the City of Lubbock by the said James C. Etter. City hereby grants
LICENSEE a License for the following purpose: to maintain and operate the said El
w Tejas Motel buildings which are located upon public right of way at the locations here-
inafter described at the following designated location:
TRACT i
I
i BEGINNING at a point in the East right-of-way of Avenue L, lying
between Jarvis and Itasca Streets, City of Lubbock, said point being
150 feet, South of the Northwest corner of Block 6, Country Club
Addition to the City of Lubbock, Lubbock County, Texas;
THENCE South 18.1 feet to a point in the present East right-of-way
line of Avenue L;
THENCE West a distance of 1/2 a foot;
THENCE North a distance of 16. 1 feet;
THENCE East a distance of 1/2 a foot to the POINT OF BEGINNING.
TRACT A:'
BEGINNING at a point in the West right-of-way line of U. S. Highway
87, said point being 10 feet Southwest as measured along the West right-
of-way line of U. S. Highway 87 from the intersection of said West right-
of-way line with the North line of Block 6, Country Club Addition to the
City of Lubbock, Lubbock County, Texas;
THENCE Southeasterly and perpendicular to said West right-of-way
line, a distance of 6 inches;
THENCE Southwesterly parallel to said West right-of-way line, a dis-
tance of 40 feet;
THENCE Northwesterly perpendicular to said'West right-of-way line, a
distance of 6 inches;
,THENCE Northeasterly along said West right-of-way line, a dstance of
40 feettto the POINT OF BEGINNING,.
I
(2) This License is made subject to the condition that LICENSEE, and the
,-heirs. successors, and assigns of LICENSEE will at all times defend, indemnify and
itherwise 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
I
equity and costs of whatsoever kind or ni ure which may grow out of or relate to the
waking 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 with the public use of the public way
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, 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 proper-
ly served if deposited in the Post Office, postpaid, addressed to licensee at P. O. Box
46. Lubbock, Texas.
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(5) This License and privilege shall not be transferable in whole or in 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.
(6) 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 thereW, if any, 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 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
covenants and agreements of such parties.
(8) All covenants and provisions of this Instrument shall be binding upon and
inure to the benefit of the successors, legal representatives and assigns of the parties
to the same extent and effect as same are binding upon and inure to the benefit of the
parties hereto, but no assignment hereof by LICENSEE, its successors, legal represen-
tatives or assigns, or any subsequent assignee, shall be binding upon CITY without the
written consent of CITY in each instance.
CITY OF LUBBOCK
By:.....r___..._______ y____
ATTEST: Mayor
Laventa Lowe, City Secretary-Treasurer
LICENSEE;
By:
awes C.Etter _ -- —
THE STATE OF TEXAS I ,
COUNTY OF LUBBOCK I
BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock
County, Texas, on this day personally appeared
known to me to be the person whose name is subscribed to the foregoing instrument
and acknvwledged to me that he executed the same as the act and dedd of the CITY OF
LUBBOCK and as MAYOR, for the purposes and consideration therein expressed, and
in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,
1962.
(SEAL)
Notary Public, Lubbock County,Texas
THE STATE OF TEXAS
COUNTY OF LUBBOCK Y
BEFORE ME. the undersigned authority, a Notary Public in and for Lubbock
County, Texas, on this day personally appeared JAMES C, ETTER, known to me to
be the person whose name is subscribed to the foregoing instrument, and acknowledged
to me that he executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY BAND AND SEAL OF OFFICE 9sis day of
1962.
(SEAL) ----------------__.�_. _--a�._._�
Notary Public, Lubbock County, Texas