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HomeMy WebLinkAboutResolution - 101366L - Street Use License - Trustees Of Forrest Retirement Trust - William Tubbs Add - 10_13_1966 TBtckl RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THIS CITY OF LUBBOCK- THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Street Use License to the Trustees of Forrest Retirement Trust, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13thday of October , 1966. .D. RO JR. Mayor 0 La nia:Low.es ity Secretary»Treasurer APEP Fred O. Seriter, Jr., City Attorney d� STREET USE LICENSE The City of Lubbock, a Homerule Municipal Corporation here- inafter called City, in consideration of the covenants and agreements as hereinafter stated to be kept and performed by S.S. Forrest, Jr., Mark Hatley, and Winston Robertson as trustees for Forrest Retire- ment Trust, hereinafter called Licensees does hereby grant to said Licensees permission, authority and a license to use the following de- scribed tracts of land, to-wit. deisgnated as Tracts "A" and "B" which are described as followst TRACT "A" BEGINNING at a point that is 10 feet East of the Southeast cor- ner of Lot 1, Block 1, William Tubbs Addition t,)the City of Lubbock, Lubbock County, Texas; THENCE North parallel to the East line of Enid Block 1 to its intersection with Panhandle &Santa Fe right of way; THENCE Southeast along said right of way to its intersection with the West line of Lot 10, Block 14, William Tubbs Addition to the City of Lubbock, THENCE South along the West sides of lots 10.11.12,13 and 14 to the Southwest corner of Lot 14, said Block 14; THENCE [West 50 feet to the POINT OF BEGINNING. TRACT"B" BEGINNING at the Southeast corner of Lot11, Block 1, William Tubbs Addition to the City of Lubbock, Lubbock County, Texas; THENCE North along the East line of Lots 1,2,3,4,5, & 6 to the South right of way line of Panhandle & Santa Fe Railway Company; THENCE Southeasterly along said Panhandle & Santa Fe right of way to a point that is 10 feet East of the East line of said Lot 6; THENCE South parallel to the East line of said Block 1 W a point that is 10 feet East of the Southeast corner of Lot 1 of said Block 1; THENCE West to a POINT OF BEGINNING. Licensees are specifically granted permission, authority, and license to use Tract "A" for parking facilities in relation to and connected with the Licensees' business which is located immediately adjacent to said Tract "A" on the West and in connection with such use Licensees are hereby granted permission to improve and maintain the surface of said Tract "A;0 subject to the approval of the engineer of the City of Lubbock and all pertinent ordinances appertaining thereto. And in addkton the Licensees are hereby granted permission and a license to erect and construct a fence along the North lines of Tracts "A" and"B" and maintain such fence during the period and life of this license. Licensees are specifically granted permission, authority and a license to use Tract "$.' as hereinabove described for the purpose of constructing, reconstructing and/or maintaining a semi-permanent improvement located thereon as an ice processing and storage facility. Licensees shall pay to the City as compensation for such license the sum of ONE HUNDRED FIFTY AND N0/100 (150.00) DOLLARS per annum payable annually in advance for the duration of said license which shall be for a period running from year to year and subject to the right of the City to cancel or revoke with or without cause said license upon sixty days written notice delivered at the last known address of Licenseed' at Lubbock, Texas Licensees shall indemnify and save harmless at all times the City against all loss, damage or expense that the City may sustain, incur or become liable for resulting in any manner from the use and exercise by Licensees of the rights and privileges hereby created by the operation of this license. It is here stipulated and expressly understood that this license and privilege shall not be transferrable in whole or in part, and shall not inure to the benefit of any person other than Licensees except upon express written consent of the City. In the event any holder of a franchise to use the streets and alleys or other public properties of said City shall ever exercise the powers granted under its franchise it is stipulated that Licensees shall within a reasonable time upon notice from said City either abandon the privilegm and uses permitted under this it tense or make avalaable without cost to any franchise holder access to said Tracts "A" and "B". At such time as this license should be cancelled or revoked, the improvements as constructed under this license shrill. be removed by Licensees at no cost to City. It is expressly understood and stipulated that this license shall never be construed as constituting any abandonment or intent to abandon any part or portion of Tracts "A" or "B" as hereinabove described. All the covenants and provisions of this instrument shall be bind- ing upon and inure to the benefit of the successors, legal representatives, assigns, heirs and administrators of the parties hereto to the same exten#" and effect as the same are binding upon and inure to the benefit of the par- ties hereto, but no assignment hereof by Licensees, their successors or assigns or any subsequent assignee shall be binding upon the City of Lub- bock without written consent of the City of Lubbock in each instance, as herein provided. In Witness {Whereof the City,of Lubbock has caused this license to be executed by its officer heretofore duly authorized this the 13th day of -bctober, 1966., CITY o un I c yor ATTEST; Lavenia Lowe, City 9 ecret y-Treasurer The above and foregoing license and the conditions and covenants on the part of the Licensees are hereby accepted, this the day of . 1966. S.S. Forrest, Jr., As Trustee for Forrest Retirement Trust Mark Batley, As Trustee for Forrest Retirement Trust Winston Robertson, As trustee for Forrest Retirement Trust THE STATE OF TEXAS { COUNTY OF LUBBOCK E BEFORE ME, the undersigned authority, a Notary Public In and for said County, Texas, on this day personally appeared S.S. Forrest, Jr., Mark Hatley, and 'Winston Robertson, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the Sams as trustee for Forrest Retirement Trust, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day Of 1666. (SEAT.) Notary Public, Lubbock County, Texas