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Home My WebLink AboutResolution - 031474A - Alley Use License - TX Highway Department - Country Club Heights Addition - 03_14_197463/4/7qy9- RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and to hereby authorized and directed to execute for and cm behalf of the City of Lubbock an ALLEY USE LICENSE between the City and the Texas Highway Department and/or the Texas Highway Commission, attached herewith which shalt 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 14 day of MARCH 1974. MORRIS W. TURNER, MAYCIR ATTEST: TTreva Phillips, CitySecretary-Treasurer Lary APPROVED AS TO FORM: Fred O. Seuter, Jr., City Attorney ALLEY USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this 14 day of MARCH 1974, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and the Texas Highway Department and/or the Texas Highway Commission, 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 alley be ing the public dedicated alley lying along, adjacent and abutting the entire South side of Lot 12, Country Club Heights Addition to the City of Lubbock, Lubbock County, Texas, as a drainage channel for Texas - U. S. 87, including setting the grade and maintenance responsibility iri the Texas Highway Department for such drainage channel described by metes and bounds as follows: BEGINNING at a point 5, 215.00 feet East and 1, 064. 90 feet North of the Southwest corner -of Section 9, Block A, Lubbock County, Texas, said point also being the intersection of the Northerly Property Line of Lot 13, Country Club Heights Addition to the City of Lubbock, and the West Right -of -Way line of the present U. S. 87; • THENCE North 20.8 feet to the Southeast corner of Lot 12, Country Club Heights; Addition; THENCE South 74181 39" West, along the Southerly Property Line of said; Lot 12, a distance of 249.0 feet to the .Southwest corner of Lot 12; THENCE South 20. 8 feet to a point in the North Property Line of Lot 13; THENCE North 74° 182 39" East,, along the, Northerly Property Line of said Lot 13, a distance of 249, 0 feet to the POINT OF BEGINNING, I" The terms of this grant shall lie from year to year not to exceed twenty (20) years without renewal by the City Council of the CITY OF, LUBBOCK, which retains the right, at its election to cancel and revoke this license, with or without cause, upon thirty (30) days motice to LICENSEE, said notice shall be deemed properly severed if deposited in the Post Office, postage paid addressed to LICENSEE at P. O, Box 771, Lubbock, Texas, 79408. . 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 refused 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. 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 repairing of paving, sidewalks and utilities of any nature occasioned by the construction as authorized by this license. S. 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 LICENSEEtS USE HEREIN. 4. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 5. 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 complete any part of the construction as herein contemplated across any or all of the above set out property, then and in that event saW LICENSEE, his heirs and assigns, will at all times defend, indemnify and other wise hold the CITY OF LUBBOCK, its agents, servants, and employees harmless from any and all claims, demand, actions, causes of action, suits og 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. 6. All of the covenants and provisions of this license shall be binding upon and inure of the benefits of the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignrmnt hereof by the LICENSEE, its successors and assigns, shallbe binding upon the CITY .OF LUBBOCK withoutthe consent of the CITY OF LUBBOCK in each instance except as specified in Paragraph (4). 7. 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 herein and LICENSEE waives 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 cancellation of this license. i 8. CITY OF LUBBOCK retains ingress, egress, and regress for the purposes of and the right to service, repair, reconstruct, and perpetually xmintain a sanitary sewer lime in said alley above described. CITY OF LUBBOCK BY MORRIS W. TURNER, MAYOR ATTEST: Treva Phillips, CAy Secretary -Treasurer AGREED TO AND ACCEPTED this day of 1974. LICENSEE: TEXAS HIGHWAY DEPARTMENT AND/OR THE TEXAS HIGHWAY COMMISSION BY ITS (TITLE AND/OR POSITION) APPROVED AS TO'FORM: Fred O. Senter, Jr., City Attorney APPROVED: Wilford D. Watson, City Engineer _ THE STATE OF TEXAS. § COUNTY OF LUBBOCK § 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 same 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 1974. Notary Public, Lubbock Count y, Texas THE STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared 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 dried of TEXAS HIGHWAY DEPARTMENT AND/OR THE TEXAS HIGHWAY COMMISSION and as its for the purposes and (T itle- or Posit ion) consideration therein expressed and in the capacity therein stated. GIVEN -UNDER MY HAND AND SEAL OF OFFICE this day of 1974. Notary Public, County; Texas (SEAL)