The URL can be used to link to this page

Home My WebLink AboutResolution - 101377J - Street Use License - Horace A. Mitchell - Lot 16 Block 32 - 10_13_1977JW F:hw RESOLUTION /t 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 hehalf of the City of Lubbock a Street Use License in favor of HORACE A. MITCHELL, 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. ROY SS, MAYOR ATTEST: Treva Phillips, City Secreta -Treasurer BY: ,'Deputy APPROVED AS TO FORM: Fred O. Senter, Jr., City rney STREET USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this thirteenth day of October, 1977, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and HORACE A. MITCHELL of 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 portions of dedicated streets (being portions of Broadway and Avenue J as here- inafter described) to construct and maintain brick facing, roof, roofline, porticos, and/or structural overhangs at the 1gcations and elevations as herein described, as follows: Description #1 BEGINNING at the Northwest corner of Lot 16, Block 132, Original Town of the City of Lubbock, Lubbock County, Texas; THENCE North a distance of 0. 34 feet; THENCE East a distance of 25. 34 feet; THENCE South a distance of 115. 34 feet; THENCE West a distance of 0. 34 feet to the Southeast corner of Lot 16, Block 132; THENCE North a distance of 115.00 feet to the Northeast corner of Lot.16, Block 132; THENCE West a distance of 25.00 feet to the PLACE OF BEGINNING. The above description being limited from ground level at the sidewalk to a maximum height of 30.00 feet above the sidewalk. Description #2 BEGINNING at the Northeast corner of Lot 16, Block 132, Original Town of the City of Lubbock, Lubbock County, Texas; THENCE West along the North line of Lot 16, a distance of 18.00 feet; THENCE North a distance of 4. 00 feet; THENCE East a distance of 22.00 feet; THENCE South a distance of 22.00 feet; THENCE West a distance of 4.00 feet; THENCE North a distance of 18. 00 feet to the PLACE OF BEGINNING. The above description shall apply only between an elevation of 12. 66 feet above the sidewalk to a maximum elevation of 30.00 feet above the sidewalk. 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 6604 Orlando, Lubbock, Texas, or to last known address of LICENSEE. Upon expiration of cancellation and revocation of this license by the CITY OF LUBBOCK or the abandonment of the license by the LICENSEE, the improve- ments 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 $200. 00 payable in a lump sum advance when this agreement is executed for said twenty years at the rate of $10.00 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 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 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 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 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 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 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 liability and property damage insurance, within limits specified by, and in a form satis- factory 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 in Paragraph 5. 9. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees thatno 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 ATTEST: Treva Phillips, City Secretary -Treasurer BY: Mary N. Lindsey, Deputy AGREED TO AND ACCEPTED this laay of OCTOBER 1977. LICENSEE: HORACE A. MITCHELL APPROVED AS TO FORM: Fred O. Senter, Jr., City Attorney 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 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 said County, Texas, on this day personally appeared HORACE A MITCHELL, 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 1977. ( seal) Notary Public, Lubbock County, Texas