Loading...
HomeMy WebLinkAboutResolution - 031468D - Street Use License-William P. Layne, III-Alley, Lot 1A Blk 10, Trigg Heights Add - 03_14_1968RESOLUTION 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 to William Patterson Layne, III 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 14th day of March , 1968. 11 ATTEST: Lav nia Lowe, City(Secretary-Treasurer APPROVED: Senter, Jr., CIWAttolney • I , f !y - ; , ��1�'Y �,3�'i 1 S tf��Y �� ~ �(�t�r,•N �YI .FN,(1 f � 6 ' {I r`1,• , � f616 �A``r41LY���4��{�'�yt �F `�J7a��V ��i its aqt y i; 4. • , ir��i'�r Yf Z� I/ lU' 7�, i% r 'f K ., 1 { STREET USE LICENSE THE STATE OF TEXAS I �' COUNTY OF LUBBOCK This indenture made this 14 iday of MAR 1966, between ~ r x:"`..the City of Lubbock, Texas, a Home Rule Municipality, hereinafter called a "City" and William Patterson Layne, III, hereinafter called "Grantee". t Y`1 t WITNESSETH:' Subject to the terms, conditions and provisions herein, the City of r "tax 1 Lubbock Texas does herebyrant unto Grantee his heirs and assigns, the g , � . right, privileges and license to construct, occupy and maintain below the sur- face level, a private waterline under and across a public alley within the City of Lubbock, Texas, situated within Lot 1-A, Block 10, Trigg Heights Addition to the City of Lubbock, Lubbock County, Texas. 1. A drawing of such construction, alreadycompleted, is attached �" hereto and made a part hereof and the use granted hereby is limited to that shown on such drawing. 2. The term of this grant shall be for twenty (20) years from the date of adoption hereof and thereafter for a period running from month to month at the will of the City. . r 9. Prior to any additional construction as authorized by this license, .:'the Grantee shall submit to the City Engineer plans and specifications for the construction to be done, and the Grantee shall not commence any additional con- '; struction until such plans and specifications are approved by the City Engineer. 4. The Grantee agrees to pay all costs arising out of the exercise of iy the license herein granted, including but not limited to the -replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the f'ys==,}`'•: construction as authorized by this license. Grantee shall keep the alley and/or, `, :x 4fi 9 t'• sidewalk over such underground construction in such condition and repair that it will be safe for use by the public and in a manner satisfactory to and approved by the City Engineer, and shall at all times comply with the ordinances of said s City regulating the use of space underneath streets, alleys and sidewalks of said City. 5. In the event the City determines that the existence of such use 'e•;;{ Y' interferes with or causes the re-routingor re -aligning of an public utility, � g Y Pu Y, franchised utility, or sanitary or storm sewer line constructed or to be con- structed by the City or franchised utility, Grantee agrees to reimburse the City of Lubbock, or such utility, as the case may be, for its expense of such relocating or re-routing over and above the expense which would have been incurred except for Grantee's use herein. 6. This license is made subject to the condition that should the Grantee, his heirs or assigns, exercise any right under the license herein granted under and across any or all of the above set out property, then and in that event said Grantee, his heirs or assigns, will at all times defend, indemnify and otherwise hold the City of Lubbock, its agents, servants, and employees harmless from an and all claims demands actions causes of action, suits at law or in Y , , , ' equity or whatsoever kind or nature which may grow out of or be related to the ,making of this license or the construction or maintenance herein contemplated, and will further rapists or repair -any damage -and pay.. in full all losses or F expenses that the City of Lubbock may gustainj incur;`or become liable for t /11 t 1 �, t Y,t` r'. �7 iYvr si is �j � � ,_� � r�` t r * •: rl � •i I �'1 ,� it t � +�,� � -; � ,. -r p .� resulting in any manner from the construction, maintenance and use permitted herein. City, at its option, may require an agreement with any contractors hired by Grantees to perform any additional construction, repair or maintenance permitted herein, which agreement will indemnify the City from and against all claims, liability, cost and expense growing out of the performance of the work 'to be done by such contractor. The City may further require such contractor to furnish, without expense to City, a reliable surety bond, in an amount and in ~ the form satisfactory to said City.* 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 and property damage insurance within limits specified by, and in a form satisfactory to, said City, covering the contractual liability assumed by contractor in said agreement with City. 7. At such time as this license should be canceled or revoked for any reason before or after the expiration of the primary term, the improvements that are permitted under this license shall be removed by the Grantee and the property restored to its original condition at no cost or expense to the City of Lubbock. In the event Grantee fails or refuses to remove such improvements after demand by City, the City shall enter possession and remove or cause to be removed such improvements and the expense incurred shall be assessed against Grantee for which Grantee shall be liable. 8. 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 Grantee, his successors or assigns, shall be binding upon the City of Lubbock without the consent of the City of Lubbock in each instance. 9. Grantee, by the acceptance of the uses permitted herein, under- stands and agrees that no interest, title or rights of possession are in or "implied except those expressly set forth herein and Grantee waives any and all Claims in and to the public way he is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. CITY OF LUBB ATTEST: By: eR . W; D-ROGE $, ,J Y Lavenia Lowe, City Secret y-Treasurer AGREED TO AND ACCEPTED this day of 1968. APPROVED: WILLIAM PATTERSON LAYNE,' III, Fred O. Senter, Jr., City Attorney APPROVED: am Wahl, City Engineer PLAT OF D PROS EIMEAT3 . • on Lot !-•A Block 101• Trig ' Foiclita Adder. ;. To The City of Lubbock, Lubbock County, Toxas 1$es• j ID 8t, "�• � 144•� � 1114 E 0 "Stiff o oa•''t OF 16378 Q •' •�a�, •• •t•r'� •AIL ,, a • �' OO ��Annd rIs E. b p 469' . 1 eCowlP.Sf0fN6 A .. 1F .: vw ' f DerO N QFd. Fe�'AccEy O OIA Wt1t�WTrO+� r • . �s 1 a N0-• Br: CR 0A0b1d1 1iTS - *4TV4 t/iWei cerAT,dwj i, ae Q3v?et• /AOt Tr BwlLD a nr /NF✓R.T•o. FwVciTs teewT o.✓� .ece" vd- a ci - _ { 6~S' FVQN�Sy EO OY �/lfY !✓S OwNs/t, 5' C�t�o •�..v r 6 0 �o a .7 7 rind Company Lubbock Engin3© CERTIFIED CORREC i s REGDATG�p pt/GLIC : Luca. �7, OF • l • Fes, ...i................ ;;.?..s ise SVRVCYbtt GO��C�srt �� 15e. r i d • .- :• 'ei waa • •,%AV Eel Su Io, I a dl ` , 1i4