Loading...
HomeMy WebLinkAboutResolution - 060872B - Street Use License- Quit Claim Deed In Favor Of ATSF Railway Co- Correction Deed - 06_08_1972• I• MR:ll RESOLUTION o�6s�2r�I 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 in favor of E. E. Alexander, attached herewith which shall be spre upon the minutes of the Council and as spread upon the minutes of this Coun shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th day of June , 1972. MORRIS W. TURNER, MAYOR ATTEST: Lav nia Lowe, C% ecretary-Treasurer APPROVED AS TO FORM: . Senter, Jr., MR:11 R E S O L U T I O N 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 Quit Claim Deed in favor of The Atchison, Topeka and Santa Fe Railway Company, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall con- stitute and be a part of this Resolution as if fully copies herein in detail. C O R R E C T I O N D E E D THE S TATE OF TEXAS COUNTY OF LUBBOCK WHEREAS, the CITY OF LUBBOCK in deed dated April 27, 1972, of record in Volume 1301, Page 861 of the deed records of Lubbock County, Texas, did abandon, disclaim, release and forever quit claim certain property in that City to the SANTA FE,RAILROAD; and WHEREAS, the correct legal name of grantee in said deed should have been THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Delaware Corporation. NOW THEREFORE: KNOW ALL MEN BY THESE PRESENTS: THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND N0/100 ($1.00) DOLLARS and other good and valuable considera- tion to it in hand paid by THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Delaware Corporation, the receipt of which is hereby acknowl- edged, does hereby by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto the said THE ATCHISON, TOPEKA AND SANTA .FE RAIL- WAY COMPANY, all its right, title and interest in and to that certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, described as follows: BEGINNING at a point, said point being the Southwest corner of Lot 12, Block 1, Rat- liff Addition to the City of Lubbock, Lubbock County, Texas; THENCE South a distance of 10 feet toa point in the centerline of an alley; THENCE East a distance of 370 feet; THENCE North a distance of 10 feet to a point on the South line of Lot 5, Block 1, Ratliff Addition; THENCE West a distance of 370 feet to the POINT OF BEGINNING. The Grantor, CITY OF LUBBOCK, hereby retains a utility easement for the use of the public as a perpetual and permanent easement, the free and uninterrupted use, liberty of passage in, on, along, over, upon, under and across the hereinabove described property together with the rights of ingress, egress and regress at any and all times to accomplish the following purpose: allowing, but not limited to, constructing, reconstructing, repairing and maintaining any and all types of water lines, sewer lines, gas pipe lines,. telephone and telegraph lines, electric transmission lines and any other type of public utility, whether named herein or not, which easement includes at all times and seasons the right of ingress, egress and regress of motor vehicles and personnel engaged either in such construction and repair or the reading of meters. 11 In order to assure the said CITY OF LUBBOCK, its successors and assigns of continuing access and enjoyment of said easement the said THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY does hereby expressly agree not to erect, build or otherwise allow to be constructed any build- ing or like permanent structure over the said property heretofore described and should such building or structure be erected, it is understood that the said CITY OF LUBBOCK shall have the right to remove said building or structure from the premises. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto in anywise belonging perpetually unto the CITY OF LUBBOCK, its successors and assigns, and any and all public utilities now or hereafter franchised by the CITY OF LUBBOCK to use the City streets and alleys for so long as the public uses the same for the purposes herein granted. This correction instrument is given in lieu of and for the purpose of correcting the legal name of grantee in the quit claim deed -from grantor. WITNESS THE EXECUTION OF THIS INSTRUMENT this 8th day of June 1972. CITY OF LUBBOCK MORR I S W. TURNER, MAYOR THE S TATE OF TEXAS I COUNTY OF LUBBOCK I BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared Morrie W. Turner , 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 MAYOR, for the purposes and con- sideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _gth day of June , 1972. Notary Public, Lubbock County, Texas BE IT RESOLVED 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 Quit Claim Deed in favor of The Atchison, Topeka and Santa Fe Railway Company.. I, Lavenia Lowe, City Secretary -Treasurer, City of Lubbock, Texas hereby certify that the above and foregoing is a true and correct copy of RESOLUTION Passed by the City Council and of record in THIS DAY OF , 19 No Text 3. Payment of the annual fee provided above, except the initial pay- ' meat shall be made by LICENSEE to CITY OF LUBBOCK on January 1st of each year this license is in effect. Notice of such fee being due shall be sent by the CITY OF LUBBOCK to LICENSEE and upon failure of LICENSEE to pay such fee within thirty (30) days from receipt of such notice, the CITY OF LUB- BOCK shall consider such non-payment as a default in this license, and the City Council shall determine whether such license shall be considered forfeited and may elect to demand vacation by LICENSEE. 4. The LICENSEE agrees to pay all costs arising out of the exercise of ' a. this license herein granted, including but not limited to the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction as authorized by this license. 6. In the event the CITY OF LUBBOCK determines that the existence of such use interfers with or causes the re-routing or re -alignment of any public utility, franchised utility, or sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK OR franchised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK, or such utility, as the case may be, for its expense of such re -locating or re-routing over and above the expense which would have been incurred except for LICENSEE'S use herein. 6. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK 7. This license is made subject to the condition that should the LICEN- SEE exercise any right under the license herein granted and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above set out property, then and in that event said LICENSEE, his heirs and assigns, will at all times defend, indemnify and otherwise hold the f` CITY OF LUBBOCK. its agents, servants, and employees harmless from any and all claims, demand, actions, causes of action, suits at law or in equity ' of whatsoever kind or nature which may grow out of or be related to the making of this license or the construction or maintenance and use permitted herein.: The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by LICENSEE to perform the construction, repair or main- tenance permitted herein, which agreement will indemnify the CITY OF LUB- BOCK 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 OF LUBBOCK may further require such contractor, when engaged in the construe- tion, repair or maintenance permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in the form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful perform- ance of all the terms, covenants and conditions contained in said agreement and a. certified copy'of a policy of public liability assumed by contractor in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expenses or the pay- ment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. S. LICENSEE agrees and is required to furnish a policy of public liability and p operty damage insurance, within limits specified by, and in a form satisfactory to the City Attorney for the CITY OF LUBBOCK and which names the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. 8. An 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 bj the LICENSEE, its successors and assigns, shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK is each instance except as specified in Paragraph (6), No Text No Text