HomeMy WebLinkAboutResolution - 3144 - Amendment To Street Use License - Borden Inc - Additional Land, L5, B23 OT - 07_13_1989Resolution # 3144
July 13, 1989
Item #17
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WHEREAS, Borden, 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 May 23, 1985, for the purpose of Licensee
constructing and maintaining a milk storage tank 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 an amendment to
the terms of said Street Use License to cover one additional tract of land
(which is also part 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 li-
censed to the Licensee for construction and maintenance of a milk storage
tank, the following additional tract is added by this amendment to said
Street Use License as an additional tract of land licensed to Licensee for
the purposes as hereinafter stated:
BEGINNING at a point a distance of 3.00 feet South of the Southwest
corner of Lot 5, Block 23, Original Town to the City of Lubbock,
Lubbock County, Texas;
THENCE West a distance of 3.70 feet;
THENCE North a distance of 14.00 feet;
THENCE East a distance of 3.70 feet;
THENCE South a distance of 14.00 feet to the POINT OF BEGINNING.
SECTION 2. THAT by Licensee's payment to Licensor of the additional
sum of FIFTY AND NO/100 DOLLARS ($50.00), and acceptance of said additional
consideration by Licensor as additional compensation for the licensing of
said one additional tract (being part of the dedicated street as hereinabove
stated), Licensee accepts all the terms of the existing Street Use License
as applying to the one additional tract of land hereby licensed to Licensee.
Such acceptance by Licensee of the terms of said Street Use License as ap-
plying to said one additional tract of land is further made by Licensee by
constructing and maintaining the milk storage tank as aforesaid. The term
of the Street Use License shall terminate 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 July , 1989.
ATTEST:
Ranett Boyd, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way Agent
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B. C. MCMINN, MAYO
APPROVED AS TO FORM:
J./Worth Fullingim, Assista City
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