HomeMy WebLinkAboutResolution - 121274J - Amendment Street Use License- Plains Cooperative Oil Mill & Quitclaim- Posterco - 12_12_19741JWF-dw
r RESOLUTION
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E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
i
THAT the Mayor of the City of Lubbock be and is hereby authorized
id directed to execute for and on behalf of the City of Lubbock an Amendment
greement to Street Use License recorded at Volurm 1352, Page 136 of the
eed Records of Lubbock County, Texas, entered into by and between (as
ell as this amendment agreement also) the said City of Lubbock, Texas, 'and
lains Cooperative Oil Mill, Inc., attached herewith which shall be spread
pon the minutes of the Council and as spread upon the minutes of this
ouncil shall constitute and be a part of this Resolution as if fully copied
:rein in detail.
'assed by the City Council this 12th day of December 1974.
_ - ROY BASS, MAYOR
ATTEST:
treva klimups, city rretary-treasurer
APPROVED AS TO FORM:
, Jr. ,)*fy Attorney
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 LUB-
BOCK an Agreement of Quitclaim and Removal to be entered into by and be-
tween said City and Lubbock Poster Company concerning removal of 3 pos-
ter board signs from said City's Canyon Lakes Project, 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 12th day of December , 1974.
�S
ROY BASS, MAYOR
ATTESTz___ _.
TreV- PhilliQp, City ecretary-Treaax rer
APPROVED AS "TO FORM:
Fred O. Senter, Jr. , y ttorney
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 anc'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 03,
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 terms and conditions of said original agreement
and the terms and conditions of this amendment agreement.
SECTION 2. Said waterline is tobe 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 S. 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 LU OCK:
By;
ROY BASS, MAYOR
_ , 1
f
t ATTEST:
'�%Freva\Phillips, Cit ecretary-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
cp�,,hPa� 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 aria] _deed oI`-._
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
AGREEMENT OF QUITCLAIMAND REMOVAL
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
WHEREAS, the City of Lubbock, Texas, a Texas Home Rule Municipality,
located in Lubbock County, Texas, hereinafter called "CITY", in furtherance
of its Canyon Lakes Project with respect to the OPEN SPACE PROGRAM in
cooperation with and partially federally funded by the Department of Housing
and Urban Development of the United States Government, desires and public
need calls for the removal of three poster board signs owned by IVA EDINGTO
a femme sole, and HOMER L. HENSLEY, dba LUBBOCK POSTER COMPANY,
a Partnership, and both respectively joining in herein also in their respective
individual. capacities, hereinafter. collectively called the "SIGN COMPANY",
from the.present location of such signs, in order to facilitate the completion
of said Canyon Lakes Project; and,
WHEREAS,, SIGN COMPANY is agreeable to removing such signs in the
time and manner, and upon the terms and conditions as hereinafter stated;
NOW THEREFORE;
KNOW ALL MEN BY THESE PRESENTS:
THAT the undersigned CITY and SIGN COMPANY -do hereby contract and
agree as of the 12th day of December, 1974, as follows, to -wit:
L - That SIGN COMPANY for and in consideration of the amount
of $7, 523.00 paid to it and/or them by CITY, does hereby release and
gpitclaim unto CITY all the right, title, .and interest of SIGN COMPANY
in and to three poster board site location on land (where fee simple title
to the land is owned by.the CITY and SIGN COMPANY owns such signs
and has certain possessory rights) and SIGN COMPANY hereby
releases and relinquishes any and all claims to such sites and any
right to further use or possess such sites for any purpose whatsoever
in order that the CITY may expedite the completion of its Canyon. Lakes
Project. Said poster board sites are sites of three double-faced poster
board advertising signs each of such signs having dimensions of
approximately 12 feet by 25 feet, two of which signs are located at or
near the North Side of East Nineteenth Street and the other sign -is
located at or near the North Side of East Broadway, all in the Canyon
Lakes Project area sometimes known as Yellowhouse Canyon, in the
City of Lubbock, Lubbock County, Texas.
2. In consideration of a reduction of $233. 00 in the total compen-
sation to be paid by the CITY to the SIGN COMPANY, the SIGN
COMPANY is hereby granted the right to physically remove (at SIGN
CONIPANYIS removal expense) all three of said poster board signs
and supporting braces and/or poles thereof, as the personal property
of SIGN COMPANY; PROVIDED, HOWEVER, that such poster board
sign removal shall all be accomplished and all holes filled up and
debris occassioned by such removal cleared away at expense of
SIGN COMPANY within 30-days after the date of execution of this
Agreement -as hereinabove first written. If such signs or any part
thereof are not so removed as agreed by SIGN COMPANY within
such 30 day period, then in that event such signs remaining in present
location or locations after such 30 day period allowed for removal,
shall ipso facto become the property of the CITY for whatsoever
disposition thereof said CITY in its sole discretion may or does deem
expedient to the public interest.
3. Said SIGN COMPANY warrants that it has the full atthority
(as owner of said signs and possessory rights therein) and right to
execute this instrument so as to grant to said CITY full, complete, and
unencumbered possession of said 3 poster board sign sites to expedite
completion of the CITY'S Canyon Lakes Project under the OPEN
SPACE PROGRAM of the Department of Housing and Urban Develop-
ment of the United States Government and/or its successors or
assigns.
EXECUTED as of the date first above -written.
CITY OF LUBBOCK, TEXAS
ROY BASS
::. MAYOR .
ATTEST:
Treva Phillips, Cit ecretary-Treasurer
LUBBOCK POSTER COMPANY
6PP�yea ds 14 fob —
Fled O. Senter, Jr., CItY Attorn ,
BY
IVA EDINGTON, Individually and as Partner
BY?
HOMER L. HENSLEY. Individually and as
Partner
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__5_E4L OF OFFICE THIS DAY OF
1974.
(SEAL) Notary Public, Lubbock County, Texas
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