The URL can be used to link to this page

Home My WebLink AboutResolution - 051073H - Street Use License - Wanda Knight - Fencing, Lot 18 Blk 8 Clayton-Carter Add - 05_10_1973os/a 73 E 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 .rected to execute for and on behalf of the City of Lubbock a Street Use License � favor of WANDA KNIGHT, attached herewith which shall be spread upon the min- es of the Council and as spread upon the minutes of this Council shall constitute id be a part of this Resolution as if fully copied herein in detail. assed by the City Council this loth day of May , 1973. W. TURNER, MAY TTEST: real. .PPROVED AS TO FORM: L' red O. Senter, Jr., Cit Forney STREET USE LICENSE THE STATE OF TEXAS I COUNTY OF LUBBOCK This indentures made this I 0 &y of MAY # , 1973, between the CITY OF LUBBOCK, Texas, a Home Rule Municipal Corporation, and WANDA KNIGHT, of Lubbock County, Texas, hereinafter called "LICENSEE. " WITNESSETH: Subject to the terms, conditions and provisions herein the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use a portion of dedicated street to construct and maintain a fence in and upon the following described portion of dedicated public street, to -wit: BEGINNING at the Northeast corner of Lot 18, Block 9 of the Clayton -Carter Addition to the City of Lubbock, Lubbock County, Texas; THENCE N 890 401 E a distance of 3. 30 feet to a point; THENCE S 00 20' E a distance of 137.00 feet to a point; THENCE S 690 40' W a distance of S. 30 feet to a point; THENCE N 0o 20' W a distance of 137.00 feet to the POINT OF BEGINNING. 1. 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, at its election to cancel and revoke this license, with or without cause, upon thirty (30) days notice to LICENSEE. Said notice shall be deemed properly served if deposited in the Post Office, postage paid, addressed to LICENSE at 3811 - 43rd Street, Lubbock, Texas. Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or the abandonment of the license by the LICENSEE, 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. In the event LICENSEE fails or refuses to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall enter possession, and remove or cause to be removed such Improvements and the expense incurred shall be assessed against LICENSEE for which LICENSEE shall be liable. 2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum of FIVE AND NO1100 ($S. 00) DOLLARS per year for the duration of this license, with the first year payable on execution of this instrument and a like sum payable on January I of each succeeding year for the duration of this license. 3. Payment of the annual fee provided above, except the initial payment shall be made by LICENSEE to CITY OF LUBBOCK on January Ist 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 LUBBOCK shall consider such non-payment as a default in this license, 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 this license herein granted, including but not limited to the replacement and re- pairing of paving, sidewalks and utilities of any nature iggVJ ?ied,by the,construe- tion as authorized by this license. �.. 5. In the event the CITY®F LUBBOCK determines that the existence of such use interferes 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 and 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 re- ceiving the written consent of the City Manager of the CITY OF LUBBOCK. 9. This license is made subject to the condition that should the LICENSEE exercise any right under the license herein granted and prepare or begin or com- plete 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 CITY OF LUBBOCK, its agents, servants, and employees harmless from anti and all claims, demand, action] causes of action, suits at lady 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 main- tenance and use permitted herein. The CITY OF LUI3BOCK at Its option, may requb an agreement with any contractors hired by LICENSEE to perform the construction. repair or maintenance permitted herein, which agreement will fbdemnify the QTY OF LUBBOCK 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 LUBBO+ may further require such contractor, when engaged in the construction, repair or maintenance permitted herein, to furnish. without expense to the CITY OF LUBBOCE a reliable surety bond, in an amount and In the form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance 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 payment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. 6. LICENSEE agrees and is required to furnish a policy of public liability and property damage insurance, within limits specified by, and in a form satis- factory 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. 9. All 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 extend and effect as the same are binding upon and inure to the benefit of the parties hereto. but no assignment hereof by the LICENSEE, Its successors and assigns, shall be binding upon the 0TY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance except as specified in Paragraph (6). 10. LICENSEE, by the acceptance of the uses permitted herein, under- stands and agrees that no interest, title or rights of possession are intended or Implied except those expressly set forth herhin and LICENSEE ®naives any and all claims in and to the public way it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancella- tion of this license. CITY OF LUBBOCK I�iORRIS W. TURNER �1tfCA ATTEST: 4�111v; f1my Lavenia Lowe, City Secretary -Texas. AGREED TO AND ACCEPTED this day of 1973. LICENSEE: WANDA KNIGHT APPROVED: WANDA KNIGHT Fred O. Senter, Jr., City Attorney APPROVED: Wilford D. Watson, City Engineer THE STATE OF TEXAS COUNTY OF LUBBOCK I BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared MORRIS 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 game as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day Of s 1973. Notary Public, Lubbock County, Texas THE STATE 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 WANDA KNIGHT, ;mown to me to be the person whose name is subscribed to the foregoing instrument and acknowledge to me that she executed the same for the purposes snJ consideration therein ex- pressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1973. Notary Public, Lubbock County, Texas