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Home My WebLink AboutResolution - 022775A - Street Use License-SW Bell Telephone Co- Encrochments, Lot 10 Blk 115 OT Add - 02_27_1975' 11KJ:dw Qa RESOLUTION IBE 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 LUBBC a STREET USE LICENSE in favor of SOUTHWESTERN BELL TELEPHONE COMPANY, a corporate public utility, 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 27 day of February , 1975. r AN ROY S, AYOR ATTEST: Treva Phillips; Cith Secretary -Treasurer f 7- APPROVED AS TO FORM: , Jr., Ci*j, fi rney STREET USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this2day of 1975, between the CITY OF LUBBOCK, TEXAS, a Home Rule unicipal Corpo- ration and SOUTHWESTERN BELL TELEPHONE COMPANY, a public utility corporation, hereinafter called "LICENSEE" WITNESSETH: Subject to the terms, conditions and provision 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 an overhang on second floor line into street of approximately 3 feet,* projection of footing beyond property line of LICENSEE below basement floor, and projection of basement beyond property line of LICENSEE and below the sidewalk at certain points along Avenue N and Broadway in connection with proposed new building of LICENSEE to be constructed on Lots 1 through 10, Black 115, Original Town of Lubbock, Lubbock County, Texas, said encrochments being located within the following described portions of dedicated public street and/or public ways, to -wit: BEGINNING at a point which bears East 19.998 feet from the Southeast Corner of Lot 10, Block 115, Original Town, an addition to the City of Lubbock, Lubbock County, Texas: THENCE South a distance of 5.834 feet; THENCE West a distance of 150. 833 feet; THENCE North a distance of 43.750 feet; THENCE West a distance of 6.333 feet; THENCE North a distance of 28.667 feet; THENCE East a distance of 6.333 feet; THENCE North a distance of 40.00 feet; THENCE West a distance of 6.333 feet; THENCE North a distance of 63.948 feet; THENCE East a distance of 6.333 feet; THENCE North a distance of 43.468 feet; THENCE East a distance of 5. 834 feet; THENCE South a distance of 214.00 feet; THENCE East a distance of 145.00 feet to the PLACE 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 LICENSEE, at P. O. Box 291, Lubbock, Texas, 79411, or to last known address of LICENSEE. 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 compensation for such grant the lump sum of EIGHT HUNDRED THIRTY-FOUR DOLLARS and 40/100 ($834.40) in advance, contemporaneous with the execution of this agreement by LICENSEE. 3. 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. 4. In the event the CITY OF 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 or re-routing over and above the expense which would have been incurred except for LICENSEE'S use herein; and, LICENSEE further agrees to bear the expense when improvements are made in widening streets, changing facilities and putting in signals. 5. This license is 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 the license herein granted and prepare or begin or complete any part of the construction as he 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 any and all claim; demands, actions, causes of action, suits at 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. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by LICENSEE to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the work to be done t 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 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 navment of anv such claims or demands in order to give LICENSE 7. LICENSEE agrees and is required to furnish a policy of public liability and property damage insurance, within limits specified by, and in a form satisfactory 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. 8. 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 extent 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 CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance except as specified in Paragraph 5. 9. 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. CITY OF LUBBOCK ROY BASS, MAYOR Trev`a, ;rt)illips, +Uity�Secretary-•Treasurer AGREED .TO AND ACCEPTED this day of 1975. LICENSEE: SOUTHWESTERN BELL TELEPHONE COMPANY BY: Its: (Official Title) APPROVED: Fred O. Senter, Jr., Cit&eeorney 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 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 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 a% day of t _ 1975. - l (SEAL) Notary Public, THE STATE OF § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for County, 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 deed of SOUTHWESTERN BELL TELEPHONE COMPANY and as its for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1975. (SEAL) Notary Public, County, State of ti