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HomeMy WebLinkAboutResolution - 4335 - Street Use License - Fields & Company - Portion Of Paris Avenue - 12_09_1993Resolution #4335 December 9, 1993 Item #11 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE 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 in favor of Fields and Company, attached hereto, which shall be sprei upon the minutes of the Council and as spread upon the minutes of this Counci shall constitute and be a part of this Resolution as if fully copied herein 1 detail. Passed by the City Council this 9th day of December 1993. ATTEST: gq Betty nson, ity Secretary APPROVED AS TO CONTENT: Cif✓ ucy, Right-ot-WaY Agent APPROVED AS TO FORM: M Jdff "Hartsell, First Assistant City Attorney JH:dp\AWMA-D3\SUL.Ree November 19. 1993 Resolution 94335 STREET USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK This indenture made this 9th day of December , 1993, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and FIELDS AND COMPANY, of Lubbock County, Texas, hereinafter called "LICENSEE." WITNESSETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use a portion of dedicated streets, to - wit: TRACT 1 METES AND BOUNDS DESCRIPTION of a portion of 4th Street, for street use license purposes, being adjacent to Lot 1, Block 1, Original Town of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a 3/4" iron pipe found in the South right- of-way line of 4th Street at the Northeast corner of Lot 1, Block 1, Original Town of Lubbock, Lubbock County, Texas; THENCE S. 89' 46' 48" W., along the South right-of-way line of 4th Street and the North line of Lot 1, Block 1, Original Town of Lubbock, a distance of 125.0 feet to a 5/8" iron rod with cap found at the Northwest corner of said Lot 1; THENCE N. 00' 14' 21" W. a distance of 41.43 feet; THENCE S. 82' 09' 07" E. a distance of 126.26 feet; THENCE S. 00' 141 21" E. a distance of 23.71 feet to the Point of Beginning and containing 4071 square feet. TRACT 2 METES AND BOUND DESCRIPTION of a portion of 5th Street, for street use license purposes, being adjacent to Lots 1 and 2, Block 2, Ratliff Addition to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron with cap found in the North right-of-way line of 5th Street at the Southeast corner of Lot 1, Block 2, Ratliff Addition to the City of Lubbock, Lubbock County, Texas; THENCE S. 89' 53' 45" W., along the North right-of-way line of 5th Street and the South line of Lots 1 and 2, Block 2, Ratliff Addition, a distance of 97.3 feet; THENCE S. 00' 06' 15" E. a distance of 2.0 feet; THENCE S. 83' 311 20" E. a distance of 26.17 feet; THENCE Southeasterly around a curve to the right, said curve having radius of 73.55 feet, a central angle of 56' 48t 12", a chord distance of 69.97 feet and a chord bearing of S. 61' 42' 09" E.; THENCE N. 75' 31' 21" E. a distance 10.0 feet; THENCE N. 00. 001 02" W. a distance of 35.8 feet to the Point of Beginning, and containing 1370 square feet. TRACT 3 METES AND BOUNDS DESCRIPTION of a portion of Paris Avenue, for street use license purposes, being adjacent to Lot B, Garland Subdivision to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a concrete nail with cap set in the West right-of-way line of Paris Avenue for the Northeast corner of Lot B, Garland Subdivision to the City of Lubbock, Lubbock County, Texas; THENCE South, along the West right-of-way of Paris Avenue and the East line of Lot B, Garland Subdivision, a distance of 155.05 feet to a point from whence a 60- penny nail found in reference bears South 3.5 feet; THENCE N. 89' 35' E., along the North right-of-way line of 4th Street, a distance of 0.3 foot; THENCE N. 00' 040 26" W. a distance of 155.05 feet; THENCE N. 89.591 W. a distance of 0.1 Foot to the Point of Beginning and containing 31 square feet. The term of this grant shall be for five (5) years from date hereof, and shall be automatically extended for successive five (5) year terms not to exceed twenty (20) years in any event, unless either party shall give written notice of termination to the other party sixty (60) days before the expiration of the first, second or third five (5) year term, as the case may be, and the CITY OF LUBBOCK retains the right at its election to cancel and revoke this license with or without cause upon thirty (30) days notice to LICENSEE. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to LICENSEE at 1610 5th Street, Lubbock, Texas 79408, or the last known address of LICENSEE. Upon the expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or the abandonment of the license by the LICENSEE, the improvements that are permitted under this license shall be removed by the LICENSEE and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK may take possession and remove or cause to be removed such improvements, and the expense incurred shall be assessed against LICENSEE, for which LICENSEE shall be liable. 1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation for such grant the sum of NINE THOUSAND TWO HUNDRED TWENTY FIVE AND 75/100 ($9,225.75) DOLLARS cash in advance contemporaneously with the acceptance and execution hereof by LICENSEE for the first five (5) year term of this license, and thereafter such rate of compensation may be changed for each succeeding five (5) year term by the CITY OF LUBBOCK to a rate of compensation which is based on procedures and policies as established by the City Council of the CITY OF LUBBOCK, based on an appraisal of the fair market value of such land by the Right - of -Way Department of the CITY OF LUBBOCK, as applied to the formula for determining such rate established by the City Council. If such rate is not changed by the CITY OF LUBBOCK, the rate for the preceding five (5) year term shall apply. The CITY OF LUBBOCK shall notify the LICENSEE of any change in rates in -2- writing at least ninety (90) days before the start of the five (5) year term to which such change in rate shall apply; and if such notification be not timely made, then the rate for the preceding five (5) year term shall apply. 2. The LICENSEE agrees to pay all costs arising out of the exercise of this license herein granted, including but not limited to the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction authorized by this license. 3. In the event the CITY OF LUBBOCK determines that the existence of such use interferes with or causes the rerouting or realignment of any public utility, franchised utility or sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK or such utility, as the case may be, for its expense in relocating or rerouting over and above the expense which would have been incurred except for LICENSEE'S use herein. 4. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 5. This license is made subject to the condition that should the LICENSEE exercise any right under the license herein granted and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above described property, then and in that event said LICENSEE, its successors and assigns will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants and employees harmless from any and all claims, demands, actions, causes of action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this license or the use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by LICENSEE to perform the construction permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractors. The CITY OF LUBBOCK may further require any of said contractors, when engaged in the construction, repair or maintenance permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond in an amount and in a form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement, and a certified copy of a policy of public liability insurance assumed by said contractors in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. 6. LICENSEE agrees and is required to furnish a policy of public liability and property damage insurance, within limits specified by, and in a form satisfactory to the City Attorney for the CITY OF LUBBOCK, and which names the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. 7. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, its successors or assigns shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance, except as specified in numbered paragraph four (4). 8. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set -3- forth herein, and LICENSEE waives any and all claims in and to the public way LICENSEE is permitted to use hereby and agrees to give peaceful possession of s roperty covered herein upon termination or cancel latio of thi license. ATTEST: Be ty Mv joh-nsVn, City Secretary AGREED TO AND ACCEPTED this day of , 1993. LICENSEE: FIELDS AND COMPANY APPROVED AS TO CONTENT: e'6Ll ,, Ed Bucy, Right- f-Way Agent APPROVED AS TO FORM: JWf Hartsell, Assistant City Attorney BY: TITLE: -4- THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared DAVID R. LANGSTON, MAYOR, 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 the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed and in the capacity herein stated. qth GIVEN UNDER MY HAND AND SEAL OF OFFICE this �h day of 1993. DEATRIZ M. ROD RIGUQ Z 1 �Z vsun�i«xi ary Public, LubY> k o nty, wC*WjWa Ewwres04125 Texas1 GtxeZ- Printed Name of Notary THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared , 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 and in the capacity therein stated as the act and deed of the Fields and Company. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of . 1993. Notary Public, Lubbock County, Texas Printed Name of Notary -5- Resolution #4335 SENCETITI.E Cufl7PA14y ISMTexas Avenue lubbeckTexas 79401-5193 ITHE STATE OF TEXAS COUNTY OF LUBBOCK 2494 STREET USE LICENSE voL 4457Pacf .43 This indenture made this 9th day of December , 1993 being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and FIELDS AND COMPANY, of Lubbock County, Texas, hereinafter called "LICENSEE." WITNESSETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use a portion of dedicated streets, to - wit: TRACT 1 METES AND BOUNDS DESCRIPTION of a portion of 4th Street, for street use license purposes, being adjacent to Lot 1, Block 1, Original Town of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a 3/4" iron pipe found in the South right- of-way line of 4th Street at the Northeast corner of Lot 1, Block 1, Original Town of Lubbock, Lubbock County, Texas; THENCE S. 89' 46' 48" W., along the South right-of-way line of 4th Street and the North line of Lot 1, Block 1, Original Town of Lubbock, a distance of 125.0 feet to a 5/8" iron rod with cap found at the Northwest corner of said Lot 1; THENCE N. 00' 14" 21" W. a distance of 41.43 feet; THENCE S. 82' 091 07" E. a distance of 126.26 feet; THENCE S. 00' 14' 21" E. a distance of 23.71 feet to the Point of Beginning and containing 4071 square feet. TRACT 2 METES AND BOUND DESCRIPTION of a portion of 5th Street, for street use license purposes, being adjacent to Lots 1 and 2, Block 2, Ratliff Addition to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron with cap found in the North right-of-way line of 5th Street at the Southeast corner of Lot 1, Block 2, Ratliff Addition to the City of Lubbock, Lubbock County, Texas; THENCE S. 89' 53' 45" W., along the North right-of-way line of 5th Street and the South line of Lots 1 and 2, Block 2, Ratliff Addition, a distance of 97.3 feet; THENCE S. 00' 06' 15" E. a distance of 2.0 feet; THENCE S. 83' 31' 20" E. a distance of 26.17 feet; THENCE Southeasterly around a curve to the right, said curve having radius of 73.55 feet, a central angle of 56' 48' 1211, a chord distance of 69.97 feet and a chord bearing of S. 61' 42' 09" E.; ' VIOL 4457PAci .44 THENCE N. 75° 31' 21" E. a distance 10.0 feet; THENCE N. 00° 00' 02" W. a distance of 35.8 feet to the Point of Beginning, and containing 1370 square feet. TRACT 3 METES AND BOUNDS DESCRIPTION of a portion of Paris Avenue, for street use license purposes, being adjacent to Lot B, Garland Subdivision to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a concrete nail with cap set in the West right-of-way line of Paris Avenue for the Northeast corner of Lot B, Garland Subdivision to the City of Lubbock, Lubbock County, Texas; THENCE South, along the West right-of-way of Paris Avenue and the East line of Lot B, Garland Subdivision, a distance of 155.05 feet to a point from whence a 60- penny nail found in reference bears South 3.5 feet; THENCE N. 89' 351 E., along the North right-of-way line of 4th Street, a distance of 0.3 foot; THENCE N. 00° 040 26" W. a distance of 155.05 feet; THENCE N. 89*59' W. a distance of 0.1 Foot to the Point of Beginning and containing 31 square feet. The term of this grant shall be for five (5) years from date hereof, and shall be automatically extended for successive five (5) year terms not to exceed twenty (20) years in any event, unless either party shall give written notice of termination to the other party sixty (60) days before the expiration of the first, second or third five (5) year term, as the case may be, and the CITY OF LUBBOCK retains the right at its election to cancel and revoke this license with or without cause upon thirty (30) days notice to LICENSEE. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to LICENSEE at 1610 5th Street, Lubbock, Texas 79408, or the last known address of LICENSEE. Upon the expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or the abandonment of the license by the LICENSEE, the improvements that are permitted under this license shall be removed by the LICENSEE and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK may take possession and remove or cause to be removed such improvements, and the expense incurred shall be assessed against LICENSEE, for which LICENSEE shall be liable. 1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation for such grant the sum of NINE THOUSAND TWO HUNDRED TWENTY FIVE AND 75/100 ($9,225.75) DOLLARS cash in advance contemporaneously with the acceptance and execution hereof by LICENSEE for the first five (5) year term of this license, and thereafter such rate of compensation may be changed for each succeeding five (5) year term by the CITY OF LUBBOCK to a rate of compensation which is based on procedures and policies as established by the City Council of the CITY OF LUBBOCK, based on an appraisal of the fair market value of such land by the Right - of -Way Department of the CITY OF LUBBOCK, as applied to the formula for determining such rate established by the City Council. If such rate is not changed by the CITY OF LUBBOCK, the rate for the preceding five (5) year term shall apply. The CITY OF LUBBOCK shall notify the LICENSEE of any change in rates in -2- YOL 445PAGE 45 writing at least ninety (90) days before the start of the five (5) year term to which such change in rate shall apply; and if such notification be not timely made, then the rate for the preceding five (5) year term shall apply. 2. The LICENSEE agrees to pay all costs arising out of the exercise of this license herein granted, including but not limited to the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction authorized by this license. 3. In the event the CITY OF LUBBOCK determines that the existence of such use interferes with or causes the rerouting or realignment of any public utility, franchised utility or sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK or such utility, as the case may be, for its expense in relocating or rerouting over and above the expense which would have been incurred except for LICENSEE'S use herein. 4. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 5. This license is made subject to the condition that should the LICENSEE exercise any right under the license herein granted and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above described property, then and in that event said LICENSEE, its successors and assigns will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants and employees harmless from any and all claims, demands, actions, causes of action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this license or the use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by LICENSEE to perform the construction permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractors. The CITY OF LUBBOCK may further require any of said contractors, when engaged in the construction, repair or maintenance permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond in an amount and in a form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement, and a certified copy of a policy of public liability insurance assumed by said contractors in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. 6. LICENSEE agrees and is required to furnish a policy of public liability and property damage insurance, within limits specified by, and in a form satisfactory to the City Attorney for the CITY OF LUBBOCK, and which names the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. 7. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, its successors or assigns shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance, except as specified in numbered paragraph four (4). 8. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set =I= VOL 4457Pact 46 forth herein, and LICENSEE waives any and all claims in and to the public way LICENSEE is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation-�is license. ATTEST: Betty John on, City Secretary AGREED TO AND ACCEPTED this 16th day of December , 1993. �+ LICENSEE: ELDS AND COMPANY SEAL BY: � TITLE: Secretary/Treasurer APPROVED AS TO CONTENT: Ed Bucy, Right- f-Way Agent APPROVED AS TO FORM: jeff liartsell, Assistant City Attorney -4- VOL 4457PAcE 47 THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared DAVID R. LANGSTON, MAYOR, 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 the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed and in the capacity herein stated. ��}}��tt� GIVEN UNDER MY HAND AND SEAL OF OFFICE this `1rl day of reu,lne� 1993. i 0A7u ueZ tary Public, L oc County, Texas BEATRIZ M. RODRIGUEZ Ptab6cStateorTeas-2iZ �1 . '�cl2i Csue2 1b'Con E�aWWI$ Printed Name of Notary THE STATE OF TEXAS A COUNTY OF LUBBOCK SEAL BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared Dennis Johnston , 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 and in the capacity therein stated as the act and deed of the Fields and Company. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1[,rh day of Decetrber , 1993. && 4'wt caaoc000aoamm-�' Notary Publi , Lubbock County, Texas E8111 Mnv. eM� Printed Name of Notary SEAL '-�ILFC) FOR P.ECOnL; 94 JAN21 3: 04 . ...--LLB ''.1�.L.cs.—!•c?..�-.lf`uv Cavrsy Clerk, tobk=4 County, Te+ise STATE OF TEXAS COUNTY OF LUBBOCK 1 hereby certify that this inslrumant Was FILED on the date and at the time stamped hereon by me and was duly RECORq Dtothe Volumeand Page oftheof ialReal Prop" Records of Lubeck County, Texas as stamped hereon by me. JAN 21 1994 Q� COUNTY CLERK LUBBOCK COUN .7VA9 -5-