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HomeMy WebLinkAboutResolution - 022676F - Alley Use License - EA Blair - Fence & Garage, Lot 12 Blk 20 Crestlawn SD - 02_26_1976JWF/nh RESOLUTION OZZ4p7l2 f 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 LUBBO( an ALLEY USE LICENSE in favor of E. A. BLAIR, 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. by the City Council this 26thday of February 1976. s� ROY B SS, MAYOR TTEST: Treva Philli s, City ecretary-Treasurer APPROVED AS TO FORM: d O. Senter, Jr., ALLEY USE LICENSE THE STATE OF TEAS COUNTY OF LUBBOCK THIS indenture made this 1 $ 6 dray of FEBRUARY 1976, between the CITY OF LUBBOCK, TEK-IS, a Home Rule Municipal Corporation, and E. A. BLAIR of Lubbock County, Texas, hereinafter called "LICENSEE. " WITNESSETH: For and in consideration of the sum of ONE AND NO/100 ($1. 00) DOLLARS and other good and valuable consideration to it in hand paid by GRANTEES here- in and 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 alley to maintain: A wood - rail fence and garage to remain as they presently exist and are located at time of execution of this License within the West 10. 00 feet of the North - South alley adjacent to Lot 12, Block 20, Crestlawn Subdivision to the City of Lubbock, Lubbock County, Texas. 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 re- tains 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 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 fence and garage 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. The LICENSEE agrees to pay all costs arising out of the exercise of this license herein granted, but no fee is charged for the use. of said alley. 3. In the event the CITY OF LUBBOCK determines that the existence of such uses interfere with or cause the re-routing or re-alighment 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 ex- pense which would have been incurred except for LICENSEE'S use herein. 4. This license is not transferable by the LICENSEE without first re- ceiving 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 then and in that event said LICENSEE, his heirs and assigns, will at all times defend, indemnify and other- wise hold the CITY OF LUBBOCK, its agents, servants, and employees harm- less from any and all claims, demands, actions, causes of action, suits at law .r or in equity of whatsover kind or nature which may grow out of or be related to the making of this license or the maintenance and use of the fence and garage permitted herein. 6. LICENSEE agrees at any time required to by the City Manager of the CITY OF LUBBOCK 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 LU13BOCK as the insured, said policy covering the uses herein granted. 7. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the heirs, legal representatives, assigns and the duly authorized agents 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 4. 8. 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 he 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 BY ROY BASS, MAYOR ATTEST: (//tG ; , ' Treva Phillips, C' y Secretary -Treasurer APPROVED AS TO FORM: Fred O. Senter, Jr. , City Attorney APPROVED: Wilford D. Watson, City Engineer AGREED TO AND ACCEPTED this day of 1976. E. A. BLAIR, LICENSEE 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 BOY BASS, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged tome 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 . 1976. (SEAL) Notary Public, Lubbock County, Texas 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 E. A. BLAIR, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1976. (SEAL) Notary Public, Lubbock County, Texas