HomeMy WebLinkAboutResolution - 081072K - Alley Use License - Mclain Enterprises - Original Town Addition - 08_10_1972MR:pr
RESOLUTION
DWD72!t
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 an Alley Use License
in favor of McLain Enterprises, 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 loth day of August 1972.
MORRIS W. TURNER, MAYOR
ATTEST:
Lav is Lowe, City Secretary -Treasurer
APPROVED AS TO FORM:
red O. Senter, Jr. , y Attorney
ALLEY USE LICENSE
THE STATE OF TEXAS f
COUNTY OF LUBBOCK S
This indenture made thie 10 day of AUGu3T 1972. between
the CITY OF LUBBOCK, TEXAS, a Vorre 1?ule Municipal Corporation, and
MCLAW ENTERPRISES, of Lubbock County, Texas, hereinafter called "LiICENSEE,
WITNESSETH
S u b 3 e c t to the terms, conditions and provisions herein the CITY OF
LUBBOCK does hereby grant to the LICENSEE, its successors and assigns,
the right, privilege and license to install temporary paving an the following
described alley, to -wit:
BEGINNING at the Southeast corner of Lot 8, Block 78,
Original Town Addition to the City of L%bback, Lubbock
County, Texas;
THENCE South a distance of 182.0 feet to a point said
point being the Southeast corner of Lot 10, Block 79,
Original Town Addition;
THENCE East a distance of 20.0 feet to a point said
point being the Southwest corner of Lot U. Block 79,
Original Town Addition;
THENCL North a distance of 102.0 feet to a point said
point being the Southwest corner of Lot 18, Block 70.
Original Town Addition;
THENCE: west a distance of 20.0 feet to the MINT OF
BEGINNING.
L The terms of this grant shall be from year to year not to exceed
twenty (20) years without renewal by the City Council, and the CITY OF
LUBBOCK retains the right. as its election to cancel and revoke this license,
with or without cause. upon thirty (80) days notice to LICENSEE. Said
notice shall be deemed properly served if deposited In the Post Office.
postage paid, addressed to LICENSEE at Box 199.9, Lubbock, Texas.
Upon expiration or cancellation and revocation of this license by the
CITY OF LUBBOCK or the abandonment of this license by the LICENSEE,
booWltequest of the CITY OF LUBBOCK, the improvements that are permitted
under this license shall be removed by the LICENSEE and the property shall
be restored to its original condition at no cost or expense to the CITY OF
LUBBOCK. to the event LICEMSEE fails or refuses to remove each Improve-
meds otter demand by the CITY CIF LUBBOCK, the CITY OF LUBBOCK shall
enter possession, and remove or cause p be removed such improvements
and the'expense incurred shall be asseofedagainst LICENSEE far which
LICENSEE shall be liable.
I.' Prior to any construction as authorized by this license, the LICENSEE
shall submit to the City Engineer plans and specifications for the construction to
be done, and the LICENSEE shall not commence construction until such glans and
specifications'sre'aojio ed by the City Engineer.
ii
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8. The LICENSEE agrees to pay all costs arising out of the exercise of the
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
iauthoclzed by this license.
+l. In the event the CITY OF LUBBOCK determined that the existence of
Ruch use interfere with or causes the re-routing or re -alignment of any public
utility, franchised utility, or sanitary or storin sewer line constructed or to be
constructed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees
to reimburse the CITY Or 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 IS use herein.
S. This license to not transferable by the LICENSEE without first receiving
the written consent of the City Manager of the CITY OF LUBBOCK.
6. This license is made subject to the condition that should the LICENSEE
exercise any right under ft license herein granted and prepare or commence
any part of the construction as herein contemplated across any or all of the
above Ioet,out property, then and in that event said LICENSEE:, his heirs and
assigns, will at all times defend, Indemnify and otherwise hold the CITY OF
LUBBOCK, its agents, servants and employees harmless from any and all claims,
4emai ", actions, causes of action, suits at lacer or in equity of whatever kind
!for 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 > ption, may require an agreement with any contractors hired by LICENSEE
to per�, orm the construction, repair or maintenance permitted herein, which
agreeriaent will indemnify the CITY OF' LUBBOCK from and against all claims,
Iiabliiy. 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 construction, repair or maintenance permitted herein, to
;!furnish. without expense to the CITY OF LUBBOCK. a reliable surety bond, in
No amunt and In the form satisfactory to said CITY OF LUBBOCK. guaranteeing
�he fatihful performance of all the terms, covenants and conditions contained in
4aid agreement and a certified copy of a policy of public liability assumed by con-
kractoi in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK
igreei to give notice to LICENSEE prior to incurring any costs or expenses or
the payment of any such claims or demand in order to give LICENSEE a reasonable
; opport#ntty to settle or adjust the same.
T. LICENSEE, by the acceptance of the uses permitted herein, understands
And agrees that no interest, title or rights of possession are intended or implied
except„those expressly set forth herein and LICENSEE waives any and all claims in
'�nd to 'the public Bray it is permitted to use hereby and agrees to give peaceful
possession of said property covered herein upon ternAmtton or cancellation of
this tiftase.
CITY OF LUBBOCK
i;
•
MORRIS V.. TU ,
WAYDr—
ATTEST:
f
- 'A2z" A#
Lav e, y Sec tart' -Treasurer
APPROVED AS TO FORM:
Fred. 0,1 $enter, Jr.. City Attorney
j
F
lPPYmz.
i
xn 11":ahl, Director of Public Forks
AGREED TO AND ACCEPTED THIS day of , 1972.
LICENSEE: McLAIN ENTERPRISES
T. C. McLain, President
THE STATE OF TEXAS
COUNTY OF LUBBOCKf,
BEFORE ME, the undersigned authority, a Rotary Public in and for said
County. Texas, on this day personally appeared MORRIS t° . 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 LUBP.00K and as MAYOR, for the purposes and consideration therein
expressed and in the capacity therein stated.
GWEN UNDER MY HAND AND SEAL OF OFFICE this day of
. 1972.
Notary Public, Lubbock County, Texas
THE STATE OF TEXAS f
COUNTY OF LUBBOCK f
BEFORE ME, the undersigned authority, a Notary Public to and for said
County',, Texas, on this day personally appeared T. C. McLAIN. President of
McLAIN ENTERPRISES, 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 McLAVZ ENTERPRISES, for the purposes and consideration
therein expressed and in the capacity therein stated.
G1j'v'rN UNDER MY BAWL) AND SEAL OF OFFICE, this day
of , 1972.
Notary Public, Lubbock County, Texas