HomeMy WebLinkAboutResolution - 092669A - Alley Use License - Chalrs Scott - Air Space In James Subdivision - 09_25_1969IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock be and is hereby authorized and
acted to execute for and on behalf of the City of Lubbock an Alley Use License
Air Space in favor of Charles Scott, attached herewith which shall be spread
n the minutes of the Council and as spread upon the minutes of this Council
U constitute and be a part of this Resolution as if fully copied herein in detail.
sed by the City Council this 25th day of September , 1969.
TT T:
Lavenia Lowe, Cit Secretary -Treasurer
PPROVED-
red O. Senter, Jr., City A t y`--,.,
ALLEY USE LICENSE FOR AIR SPACE
THE STATE OF TEXAS #
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK 8
This indenture made this 25 day of SFP ,
1969, between the CITY OF LUBBOCK, Texas, a Home Rule Municipality
of Lubbock County, Texas, hereinafter called "City" and CHARLES SCOTT,
hereinafter called "Grantee. "
WITNESSETH:
Subject to the terms, conditions and provisions herein, the CITY
OF LUBBOCK, Texas, does hereby grant unto Grantee the right, privileges
and license to construct, occupy and maintain the uses stated below, to be
located within a portion of the alley abutting the North one-half () of Lot 19
and the North 100 feet of Lot 20, James Subdivision, Lubbock County,
Texas, as more particularly shown and described on the drawing hereto
inccpporated and made a part hereof, said alley license for air space
being a strip 7.5 feet in width and 30.00 feet in length.
I.
The uses permitted under this license are described as the installa-
tion and/or construction of a bridge crane to the rear of a building located
on the North one-half (1) of Lot 19 and the North 100 feet of Lot 20, James
Subdivision of Lubbock County, Texas, said bridge crane to be operated
within the licensed area above described, provided that such aerial license
is to begin at a point thirty (30) feet above the alley elevation thereunder
and extend upward to a point no higher than thirty-four (34) feet above said
alley elevation; and provided further that no column, post, or sign or other
structures of any character whatsoever shall be pladed on the public right
of way.
P
The term of this license shall be for twenty (220) years from the date
of adoption hereof and thereafter for a period running from month to month
at the will of the City.
The Grantee shall pay to the City as compensation for such grant
the sum of FIVE AND NO/100 DOLLARS ($5. 00) per year for the duration
of this license, with the first year payable on the execution of this instru-
ment and a like sum payable on January let of each succeeding year for
the duration of this license.
IV.
Payment of the annual fee provided above, except the initial pay-
ment, shall be made by Grantee to City on January lot of each year this
license is in effect. Notice of such fee being due shall be sent by the City
to Grantee and upon failure of Grantee to pay such fee within thirty (80)
days from receipt of such notice, the City shall consider such nonpayment
as a default in this license, and the City Council shall determine whether
such license shall be considered forfeited and may elect to demand vaca-
tion by the Grantee.
V.
Prior to the construction of any improvements within the aerial
space authorized by this instrument, Grantee shall submit to the City
Engineer plans and specifications of the construction to be done, and
Grantee shall not commence construction of any of said improvements
until such plans and specifications are approved by the City Engineer.
VI.
This grant is made subject to the condition that Grantee will pay
all costs arising out of the exercise of the license and right herein granted,
including but not limited to the replacement and repairing of paving, side-
walks, and utilities of any nature occasioned by the construction of the
improvements contemplated by this instrument. All such repair and
replacement to be done in accordance to City of Lubbock specifications.
VII.
This grant is made subject to the further condition that Grantee,
his heirs, successors and assigns, shall at all times defend, indemnify
and otherwise hold the City of Lubbock, its officers, agents, servants and
employees, harmless of and from any and all claims, demands, actions,
causes of action, suits at law and in equity and costs of whatsoever kind
or nature which may grow out of or relate to the granting of this right for
the exercise by the Grantee of any privileges granted hereby.
Val.
This grant is made subject to the further condition that Grantee
shall at all times exercise the rights herein granted in such a manner as
will not interfere with the public use of the public way at the location
hereinabove described and so as not to create any dangerous or hazardous
conditions thereon.
TO HAVE AND TO HOLD the said premises together with all and
singular the rights, privileges and appurtenances hereinabove granted unto
the said CHARLES SCOTT, his heirs and assigns forever, subject to the
conditions herein provided.
Grantee, CHARLES SCOTT, herein covenants for himself, his
heirs, representatives and assigns forever, that this contract shall be
observed and that the covenants, conditions and duties hereby placed on
him shall run with the land and in addition to any causes of action accruing
to Grantor for Grantee's failure to comply with said covenants, conditions
and duties, aforesaid, the Grantor shall have the right of re-entry.
WITNESS MY WND at Lubbock, Texas, this 25 day of
SEP , 1969.
CHARLES SCOTT, 'Grantee"
THE STATE OF TEXAS 1
COUNTY OF LUBBOCK I
BEFORE ME, the undersigned authority, a Notary Public in and for
said County, Texas, on this day personally appeared W. D. ROGER,S, JR. ,
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 ASAYOR, for the purposes and con-
sideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SE& L. OF OFFICE this day of
,1969.
Notary Public, Lubbock County, Texas
THE: STATE OF TEXAS !
COUNTY OF LUBBOCK 4
BEFORE ME, the undersigned authority, a Notary Public in and for
said County. Texas, on this day personally appeared CHARLES SCOTT, 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 con-
sideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, 1969.
Notary public. Lubbock County, Texas
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