HomeMy WebLinkAboutResolution - 2928 - Amendment To Street Use License - Bell Dairy Products - Loading Dock - 10_13_1988Resolution #2928
October 13, 1988
Item #13
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RESOLUTION
WHEREAS, Bell Dairy Products, Inc. of Lubbock, Texas (herein called
"Licensee") and the City of Lubbock (herein called "Licensor") entered into
a Street Use License Agreement which is dated October 10, 1974, and is
recorded at Volume 1405, Page 655 of the Deed Records of Lubbock County,
Texas for the purpose of Licensee constructing and maintaining a loading
dock partially in a dedicated public street as therein described, said
Street Use License is incorporated by reference into this Resolution as if
written in detail in this place; and
WHEREAS, said Licensee has requested the Licensor for amendments to
the terms of said Street Use License to cover two additional tracts of land
(which are also parts of a dedicated public street) to be used for the pur-
poses hereinafter set forth; and
WHEREAS, Licensor after consideration of the matter finds such request
will not discommode the public in the use of said dedicated public street
and such request should be granted as hereinafter set forth; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT in addition to the existing tract of land already
licensed to the Licensee for construction and maintenance of a loading dock,
the following additional tracts are added by this amendment to said Street
Use License as additional tracts of land licensed to Licensee for the pur-
poses as hereinafter stated:
TRACT 1
BEGINNING at a point 1.00 foot West of the Northeast corner of Lot 28, Block
1, Perkins Subdivision of the Roberts and McWhorter Addition to the City of
Lubbock, Lubbock County, Texas;
THENCE North a distance of 2.00 feet to a point for the Northeast corner of
this tract;
THENCE West a distance of 35.00 feet to a point for the Northwest corner of
this tract;
THENCE South a distance of 2.00 feet to a point for the Southwest corner of
this tract;
THENCE East a distance of 35.00 feet to the PLACE OF BEGINNING.
Said additional Tract 1 is to be used by Licensee for the construction
and maintenance of an ammonia enclosure.
l
TRACT 2
BEGINNING at a point 21.00 feet East of the Northwest corner of Lot 26,
Block 1, Perkins Subdivision of the Roberts and McWhorter Addition to the
City of Lubbock, Lubbock County, Texas;
THENCE North a distance of 3.00 feet to a point for the Northwest corner of
this tract;
THENCE East a distance of 11.00 feet to a point for the Northeast corner of
this tract;
THENCE South a distance of 3.00 feet to a point for the Southeast corner of
this tract;
THENCE West a distance of 11.00 feet to the PLACE OF BEGINNING.
Said additional Tract 2 is to be used by the Licensee for the con-
struction and maintenance of a silo pad.
SECTION 2. THAT by Licensee's payment to Licensor of the additional
sum of THREE HUNDRED AND NO/100 DOLLARS ($300.00), and acceptance of said
additional consideration by Licensor as additional compensation for the
licensing of said two additional tracts (being parts of a dedicated street
as hereinabove stated), Licensee accepts all the terms of the existing
Street Use License as applying to the two additional tracts of land hereby
licensed to Licensee. Such acceptance by Licensee of the terms of said
Street Use License as applying to said two additional tracts of land is fur-
ther made by Licensee by constructing and maintaining the ammonia enclosure
and silo pad as aforesaid. The term of the Street Use License shall termi-
nate at the same time as originally provided in said Street Use License
Agreement.
SECTION 3. THAT except as hereby amended, the terms of said Street
Use License shall remain the same, and as hereby amended is hereby ratified
and confirmed by Licensor by passage of this Resolution and by Licensee's
acceptance of the terms of this Resolution as aforesaid.
Passed by the City Council on this 13th day of October , 1988.
ettA Boyd, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of ay Agent
B. C. McMINN, MAYOR
APPROV D AS TO FORM: 41
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J. rth Fullingim, Assistav City
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