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Home My WebLink AboutResolution - 122062E - License For Use Of Public Way - West Texas Clinic Inc - Original Town Addition - 12_20_1962 RESOLUTION r A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A LICENSE I FOR THE USE OF A PUBLIC WAY FOR AND ON BEHALF OF THE CITY OF i LUBBOCK TO WEST TEXAS CLINIC, INC., FOR THE CONSTRUCTION AND/OR MAINTENANCE OF A FIRE ESCAPE ABOVE THE ALLEY AT THE REAR OF LO11 9, BLOCK 100, OF ORIGINAL TOWN ADDITION TO THE CITY OF LUBBOCK, TEXAS. I WHEREAS, West Texas Clinic, Inc., has requested the City of Lubbock to issue it a license for use of a public way to construct a fire escape 9 feet, above the ground level above an alley at the rear of Lot 9, Block 100, Original Town Addition to the City of Lubbock, Lubbock County, Texas; and, IC WHEREAS, the City Commission finds that said fire escape would i not interfere with the public use of said alley and the City Commission deems it expedient and in the public interest to grant said request; NOW THEREFORE, I 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 �I to execute far and on behalf of the City of Lubbock a license for use of a public way Ij{ to West Texas Clinic, Inc., for the purpose of construction and/or maintenance of a fire :escape at the following designated location: 6 BEGINNING at the Northwest corner of Lot 9, Block 100, Original Town Addition to the City of Lubbock, Lubbock County, Texas. THENCE North 3 feet; f THENCE East 75 feet; THENCE South 3 feet; I THENCE West 75 feet to the POINT OF BEGINNING. SECTION 2. The City Secretary is hereby authorized and directed to attes the signature of the Mayor to said license and to affix the seal of the City of Lubbo k thereto. Passed by the Commission this 20th day of December 1962 r ! -^J CK_ F. ONG, 1VIayor ATTES Form APProv d Lay.16nia Lowe, City Secretary-Treasurer City Attorney i i i i w' LICENSE FOR USE OF PUBLIC WAY THE STATE OF TEXAS ; COUNTY OF LUBBOCK 4 This License made the 20th day of December , 196 2, between the City of Lubbock, a Home Rule Municipality, herein called "CITY and West Texas Clinic, Inc., herein called "LICENSEE". WITNESSETH: THAT the parties thereto, for the consideration hereinafter expressed, covenant and agree as follows: (1) In consideration of the sum of ONE AND NO/100($1.00) DOLLAR, payable in advance each year this license shall remain in effect. City hereby grants LICENSEE a License for the following purposes construction and/or maintenance of a fire escape &t the following designated location: BEGINNING at the Northwest corner of Lot 9, Block 100, Original Town Addition to the City of Lubbock, Lubbock County, Texas THENCE North 3 feeti THENCE East 45 feet; THENCE South 3 feet; THENCE Vest 75 feet to the POINT OF BEGINNING. (2) The stairway to the fire escape shall be counter-balanced in such a manner that it will be a Minimum of nine(9) feet a►sove the alley grade at all times except when the stairway is being used. (3) 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 otherwise hold the City of Lubbock, its agents, servants and employees harm- less of and from any and all shims, demands, actions, causes of action, suits at law sand 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. (4) 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. (5) CITY at its election may cancel and revoke this License, with or without cause, upon thirty(90) days notice to LICENSEE. Said notice shall be deemed properly served if deposited in the Post Office, postpaid, addressed to LICENSEE at 1312 Main, Lubbock, Texas. (6) 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. (7) 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 such removal is requested by the CITY. (8) LICENSEE accepts the terms, covenants, and conditions of this License and agrees to be bound thereby. In the event two or snore parties execute this instrument as LICENSEE, all covenants and agreements of this License shall be joint and several covenants and agreements of such parties. (9) 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 representatives or assigns, or any subsequent assignee. shall be binding upon CITY without the written consent of CITY in each instance. CITY F LUBBOCK BYi R Iti F.STRO 0, Mayor 1 J ATTEST: ,�� . ._ Lavenia Loire, Citycretary-Treasurer LICENSEE: WEST TEXAS CLINIC, INC. BY: ____ President----------------- THE STATE OF TEXAS COUNTY OF LUBBOCK 4 BEFORE LIE. the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared JACK F. STRONG, known tome to be the person whose name is subscribed to the foregoing instrument and acknowledged to me thet he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER WY HAND AND SEAL OF OFFICE this day of . lit 62. (SLAL) Notary Public in end for Lubbock County. Texas ti THE STATE OF TEXAS t COUNTY OF LUBBOCK � BEFORE PAE, the undersigned authority, a Notary Public in and for said County, .Texas, on this day personally appeared , President of West Texas Clinic, Inc, a corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of West Texas Clinic, Inc, a corporation, for the purposes and consideration therein expressed and in the Capacity therein stated. GIVEN UNDER MY HAND AND BEAL OF OFFICE, this day of 1962. (SEAL) Notary PuIijie, Luu-bo'ce Cou—M—y,Texas