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HomeMy WebLinkAboutResolution - 121274A - Street Use License - Plains Cooperative Oil Mill - Needles Addition - 12_12_1974/Z/Z 74IA- RESOLUTION 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 Amendment Agreement to Street Use License recorded at Volume 1352, Page 136 of the Deed Records of Lubbock County, Texas, entered into by and between (as well as this amendment agreenent also) the said City of Lubbock, Texas, and Plains Cooperative Oil Mill, Inc., 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 hsreln in detail. Passed by the City Counell this 12 day of DE0Er:94Fp , 1974. ROY BABB, MAYOR ATT EST: C2� v rFeva Phillips, Cit ` cretary-Treasurer APPROVED AS TO FORA: Fred O. Senter, Jr. , City Attorney AMENDMENT TO STREET USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK § WHEREAS, the City of Lubbock, Texas, a Home Rule Municipal Corpo- ration located in Lubbock County, Texas, herein called "CITY", and Plains Cooperative Oil Mill, Inc. , a Corporation with its principal office and operations being located in Lubbock County, Texas, herein called "LICENSEE", entered into a Street Use License Agreement under date of June 14, 1973, with City therein as Licensor and Licensee as parties, granting Licensee the right to place a fence in, around and about a dedicated public street as more particularly described in said agreement recorded at Volume 1352, Page 136, et seq. , in the Deed Records of Lubbock County, Texas, which agreement as so recorded, is incorporated herein by reference thereto as if fully copied herein in detail at this place and made a part hereof for all purposes; and WHEREAS, Licensee desires and has requested of the City an4t amend- ment to said Street Use License so as to allow and/or permit the construction and use of one underground water line in, over, under, upon, along, and across the following described portion of Elm Street in the City of Lubbock, Lubbock County, Texas, to -wit: BEGINNING at a point at the S.W. corner of Lot #3, Block 87 of the Needles Addition; thence due west 80 feet crossing Elm Street; thence north 15 feet; thence east 80 feet; thence south 15 feet arriving back at the starting point; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: SECTION 1. In consideration of the mutual covenants of City and Licensee to be kept and performed, the Street Use License Amendment as requested by Licensee is hereby granted by City as described in the preamble hereof subject to the terns and _conditions of said original agreement and the terms and conditions of this amendment agreement. SECTION 2. Said water line is to be constructed of minimum class 150 cement line, castiron pipe, being placed underground beneath the surface of Elm Street covered over with at least 42 inches of cover. Said construction shall be subject to approval by the Engineering Department of the City of Lubbock. SECTION 3, All of the provisions of the Street Use License hereby amended shall apply to the use hereby added thereto, to -wit: the construction and use of an underground water line. SECTION 4. The surface of Elm Street shall be forthwith restored to Its original condition (as near as may be) after completion of said water line construction. SECTION 5. Said original Street,Use License and this amendment thereto are hereby collectively ratified and confirmed by the undersigned parties hereto by their respective executions hereof done as of the 12th day of December, 1974, CITY OF LUBBL)6dKl By: te. . ROY DA3S, MAYOR ATTEST: Treva Phillips, City Secr ary-Treasurer (SEAL) APPROVED AS TO FORM: Fred O. Senter, Jr., City Attorney PLAINS COOPERATIVE OIL MILL, INC. By: JOE RANKIN, PRESIDENT ATTEST: (Secretary) (SEAL) THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared ROY BASS, 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, Texas, and as its 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. (SEAL) Notary Public, Lubbock County, Texas THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared JOE RANKIN, 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 Plains Cooperative Oil Mill, Inc., a corporation, and as its President 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. (SEAL) Notary Public, Lubbock County, Texas