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HomeMy WebLinkAboutResolution - 041477I - Street Use License - St. Luke's Methodist Church - Murryhill Addition - 04_14_1977bsb 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 a Street Use License in favor of St. Luke's Methodist Church of Lubbock, Texas, a non- profit religious corporation, also sometimes known as St. Luke's United Nethodist Church of Lubbock, Texas, being one and the same religious organi- zation, 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 14 th day of April 1977. ROY BA S, MAYOR ATTEST: e Treva Phillips, Cit Secretary -Treasurer APPROVED AS TO FORM: . Senter, Jr., STREET USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this 14th day of April, 197.7,.between the CITY OF LUBBOCK, TEXAS, a Home -Rule Municipal Corporation, and ST. LUKE'S METHODIST CHURCH OF LUBBOCK, TEXAS, a Texas non-profit religious corporation, also sometimes known as ST. LUKE'S UNITED METHODIST CHURCH OF,LUBBOCK, TEXAS, being one and the same religious organization, acting by and through its undersigned Chairman of its Board of Trustees, hereunto duly authorized to act on its behalf, having its principal corporate offices in the City of Lubbock, Lubbock County, Texas, 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 dedicated street to construct and maintain spaces for church parking lot expansion in accordance with zoning, subdivision, and traffic regulations of the City of Lubbock, according to plans as approved by the Director of Planning, Director of Public.Works, and City Engineer of the City of Lubbock, in and upon the following described portion of dedicated public street, to -wit: Tract No. 1 A portion of 44th Street located in Section 16, Block B, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point in the South right-of-way line of said 44th Street, said point bearing West a distance of 15.00 feet from the point of tangent intersection of a curve at the Northeast corner of Lot 9, Murryhill Addition to the City of Lubbock, Lubbock County, Texas; THENCE West, along said right-of-way line, a distance of 575.00 feet; THENCE North a distance.of 6.00 feet; THENCE East a distance of 575.00 feet; THENCE South a distance of 6.00 feet to the PLACE OF BEGINNING, containing 3,450.00 square feet. Tract No. 2 A portion of 45th Street located in Section 16, Block B, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point in the North right-of-way line of said 45th Street, said point bearing West a distance of 163.00 feet from the point of tangent intersection of a curve at the Southeast corner of Lot 9, Murryhill Addition to the City of Lubbock, Lubbock County, Texas; THENCE South a distance of 4.00 feet; THENCE West a distance of 283.50 feet; THENCE North a distance of 4.00 feet; THENCE East, along said right-of-way line, a distance of 283.50 feet to the PLACE OF BEGINNING, containing 1,134.00 square feet. 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 3717 44th Street, Lubbock, Texas. Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or the abandonment of the license by the LICENSEE, the im- provements 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 im- provements 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 a compensation for such grant the sum of $1,833.60 payable in a lump sum advance when this agreement is executed for said twenty years at the rate of $91.68 per year. In case of termination or cancellation of this agreement said advance shall be refundable. in whole or in part only at option of City of Lubbock. 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 rerouting 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 relocating or rerouting over and above the expense which would have been incurred except for LICENSEE'S use herein. 5. This license isnottransferable by the LICENSEE without first receiv- ing 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 herein 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 claims, demand, actions, causes of action, suits at law or in equity of what- soever 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 willindemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the work to be done by 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 condi- tions 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 payment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. 7. LICENSEE agrees and is required to furnish a policy of public liabil- ity 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 representative, 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 -An Paragraph 5. 9. LICENSEE, by the acceptance of the uses permitted herein, understands 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 peacefgI(IM ssession of said property covered herein upon termination or cancellatiVn ff tW-p license. �. CITY OF LUBBOCK By: SS ROY BASS, MAYOR ATTEST: xeva Phillips, Cit Secretary -Treasurer AGREED TO AND ACCEPTED this day of , 1977. LICENSEE: ST..LUKE'S METHODIST CHURCH OF LUBBOCK, TEXAS By: LOWEL CADDEL, CHAIRMAN OF ITS BOARD OF TRUSTEES APPROVED: Fred 0. Senter� Jr., WAttorney 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 J-0� day of T,1977. Notary Public, Lubbock County, Texas kTHE ST_AIE OF TEXAS § COUNTY OF LUBBOCK 4 BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared L014EL CADDEL, Chairman of the Board of Trustees of ST. LUKE'S METHODIST CHURCH OF LUBBOCK, TEXAS, a religious corporation (non-profit), 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, and -in the capacity therein stated as the act and deed of said religious corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1977. Notary Public, Lubbock County, Texas