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HomeMy WebLinkAboutResolution - 101377I - Radio Tower License Agreement - TX DPS - NW 1_4 Of Section 18 Block A - 10_13_1977JW F Lhw RESOLUTION / BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: f 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 Radio Tower License Agreement to be executed by and between said City and the Texas State Department of Public Safety, 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 13th day of October 1977. TOY BASS, MAYOR ATTEST: y-Treasurer By: Mary N. indsey,'I5eputy APPROVED AS TO FORM: d O. Fenter,` Jr., Qky Attorney LAND USE LICENSE THE STATE OF TEXAS I § Y COUNTY OF LUBBOCK § This License Agreement is entered into as of the day of 1977, by and between the CITY OF LUBBOCK, TEXAS, a Texas Home Rule Municipality located in Lubbock County, Texas, acting by and through its Mayor hereunto duly authorized, hereinafter called "CITY, " and the TEXAS STATE DEPARTMENT OF PUBLIC SAFETY, acting by and through its under- signed Region V Commander, being the Region having jurisdiction over Lubbock County pursuant to written authorization from the State Office of said Department to accomplish the matters hereinafter set forth, hereinafter called "LICENSEE, " in consideration. of the mutual covenants and agreements to be kept and performed by the parties hereto do hereby contract and agree as follows: I. City in consideration of TEN AND NO/ 100 ($10.00) DOLLAR S and other good and valuable consideration to City in hand paid by Licensee, does hereby grant to Licensee the right to construct and maintain a radio tower and necessary appurtenances thereto in, upon, across, and above the following tract of land owned by City, to -wit: 3.47 acre tract of land, more or less, being out of that part of the northwest -quarter (NW/4) of Section 18, Block A, Lubbock County, State of Texas, lying north of the Atchison, Topeka and Santa Fe Railway, being more particularly described by metes and bounds as follows: BEGINNING of a point being North 33*13' East a distance of 50 feet from a point in the north right-of-way line of the Atchison, Topeka and Santa Fe Railway and South 560471 East along said right-of-way line a distance of 743.68 feet to a point in the north line of Section 18, Block A, and South 890 521 East along said section line a distance of 1791.45 feet from the northwest corner of Section 18, Block A; THENCE South 56 *47' East parallel to and 50 feet from the north right-of-way line of the Atchison, Topeka and Santa Fe Railway a distance of 420 feet to a point, being the south- east corner of said tract; THENCE North 33*131-East, 360 feet to a point, being the north- east corner of said tract; THENCE North 56 *471 West, parallel to and 410 feet from said north right-of-way line, a distance of 420 feet to a point being, the northwest corner of said tract; THENCE South 33*131 West, 360 feet to the southwest corner of said tract, being the point of beginning of said tract and containing 3. 47 acres, more or less II. Said radio tower is to be constructed at the expense of Licensee, and shall be constructed, operated, and maintained in accordance with. height, warning systems, and all applicable regulations with respect to said tower as promulgated and enforced by the Federal Communications Commission and the Federal Aviation Administration of the United States Government. III. Licensee'after construction, shall, at its cost, restore the surface of the premises to its original condition. Licensee shall be responsible for the main- tenance of the radio tower, inprovements and surrounding grounds included within the tract of land hereinabove described in suitable condition for public purposes, including park purposes and in keeping with surrounding park land. IV. Licensee agrees that at all times it will indemnify and save harmless the CITY against all claims, demands, actions or causes of action, arising or growing out of any damage to property or injury to or death of persons which may be due in any manner to the construction, use, maintenance, state of repair or presence of the radio tower and appurtenances thereto and to pay the CITY the full amount of any loss or damage which it may sustain, incur or become liable for on account thereof. V. This License is given by the CITY and accepted by Licensee upon the express condition that the same is, and at all times shall be revocable at the will of the CITY; and whenever requested so to do by the CITY, Licensee agrees at Licensee's expense to remove said radio tower and appurtenances from the property of the CITY and restore said property to the same condition in which it was prior to the placing of said radio tower and appurtenances thereon. In case Licensee shall fail to restore the CITY'S premises as aforesaid within thirty (30) days, CITY may proceed with such work at the expense of Licensee. No termination hereof shall release Licensee from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or such later date when the telephone line or lines installation may be removed and said premises restored as hereinabove provided. VI. Licensee shall permit the CITY to use a portion of Licensee's radio tower without charge in those instances where the radio frequency used by the City is compatible with Licensee's use of the radio tower. VII. The Term of this grant shall be from year to year (without renewal) not to exceed twenty years unless sooner revoked at the will of CITY as provided in Sections Vt VIII. Any Notice, Request, Instructions or Revocation of this license to be given by CITY to Licensee hereunder shall be deemed to be properly served if delivered to Licensee or if deposited in the Post Office, postpaid addressed to,. Licensee at 1302 6th Street, Lubbock, .Texas 79401, or to the last known address of Licensee. IX. Licensee by the acceptance of the license 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 property it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this License. IN WITNESS WHEREOF, the parties hereto have executed this instrument, in duplicate, the day and year first above written. CITY OF LUBBOCK " BY: BOY BASS, MAYOR ATTEST: , a1 wl Treva Phillips, City Secretary -Treasurer BY: Mary N. Lindsey, Deputy APPROVED AP TO FORM: G�I Fred O. Senter, Jr., City Attorney ACCEPTED: TEXAS STATE DEPARTMENT OF PUBLIC SAFETY BY: C. W. BELL, Major Commanding Officer Region V ATTEST: Secretary 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 Major C. W. BELL, Commanding Officer, Region V, Texas State Department of Public Safety, 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 said Department, and for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1977. ( 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 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 day of 1977. (seal) Notary Public, Lubbock County, Texas