HomeMy WebLinkAboutResolution - 3740 - Amendment To Street Use License - Bell Dairy Products - Additional Tract Of Land - 10_22_1991Resolution No. 3740
October 22, 1991
Item #14
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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 previously requested the Licensor for an
amendment to the terms of said Street Use License to cover two additional
tracts of land (which are also parts of a dedicated public streets) to be
used for an ammonia enclosure and a silo pad which amendment was granted by
the City of Lubbock by passage of Resolution No. 2928 by its City Council,
and Licensee has now requested a new amendment to said Street Use License
Agreement to cover one additional tract of land (which is also part of a
dedicated public street) to be used for the purposes 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 tracts of land (as
amended) already licensed to Licensee for construction and maintenance of a
loading dock, an ammonia enclosure, and a silo pad, 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:
METES AND BOUNDS DESCRIPTION of a portion of 2nd Street, North
of and adjacent to Lots 8 and 9, Block 1, Perkins Subdivision of
Blocks 17, 18, 19, 20 and 21, Roberts & McWhorter Addition to
the City of Lubbock, Lubbock County, Texas, being further
described as follows:
BEGINNING at a "cross" set in concrete in the North line of said
Lot 8, Block 1 and the South right-of-way line of 2nd Street for
the Southeast corner of this tract, said "cross" bears West 6.61
feet from a 112" rod found at the original Northeast corner of
said Lot 8, Block 1;
THENCE West, along the North line of said Lots 8 and 9, Block 1
and the South right-of-way line of 2nd Street, a distance of
87.79 feet to a "cross" set in concrete for the Southwest corner
of this tract;
THENCE North a distance of 3.80 feet to a "cross" set in
concrete for the Northwest corner of this tract;
THENCE East a distance of 87.79 feet to a "cross" set in
concrete for the Northeast corner of this tract;
THENCE South a distance of 3.80 feet to the Point of Beginning.
SECTION 2. THAT by Licensee's payment to Licensor for amendment made
through Resolution 2928 on October 13, 1988, as compensation also 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 applying to said one additional tract of land is
further made by Licensee's previous construction of a loading dock pursuant
to the original 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, an ammonia enclosure and a silo pad constructed
pursuant to said Resolution No. 2928 amendment to said License, and the
construction of a warehouse with attached loading dock hereby authorized and
permitted by this new amendment to said License, and accomplished by this
Resolution as now passed by the City Council. 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
Use License shall remain the same, and as hereby amended is
and confirmed by Licensor by passage of this Resolution and
acceptance of the terms of this Resolution as aforesaid.
Passed by the City Council this 22nd
ATTEST:
yd, L,ty 5ecretAry
APPROVED AS TO CONTENT:
0
E Bucy, Right -of --Way Agent
day of October
of said Street
hereby ratified
by Licensee's
1991.
r •
B. C. MCMINN, MAYO
APPROVED AS TO FORM:
rth Fullingim, Assist t C—Attorney
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