HomeMy WebLinkAboutResolution - 012276G - Agreement - TDHPT - Monument Site, 1976 USA Bicentennial - 01_22_1976JWF/nh
RESOLUTION
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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 an AGREEMENT with the TEXAS STATE DEPARTMENT OF
HIGHWAYS AND PUBLIC TRANSPORATION relating to a monument site
for 1976 BICENTENNIAL OF THE UNITED STATES OF AMERICA and
for historical significance purposes for said celebration and commemora-
tion, attached herewith which shall be spread upon the Minutes of the
COUNCIL and as spread upon the MLnutes 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 22nd
ATTEST:
day of Janua
li�w � M
ROY BASS, MNYOR
Treva Phillips, City, cretary-Treasurer
APPROVED AS TO FORM:
,! � 4- �,
__ red 0. Senter, r. , ,R ttorney
1976.
f
I —AND USE PERIII'1'
THE STATE OF TEXAS §.
COUNTY OF' LUB130CK Q
This Permit Agreement is entered into as of the 2.2 day of
JANUARY , 1976, by and between the City of Lubbock,
Texas, a Texas Home Rule Municipality located in Lubbock County,
Texas, acting by and through its illayor hereunto duly authorized,
hereinafter called "CITY", and the Texas State Department of High-
ways and Public Transportation (the Successor State Agency to the
Texas Highway Department), acting by and through its undersigned
District Engineer of the District having jurisdiction over Lubbock
County .pursuant to written authorization froth .the State Office of said :
Department to accomplish the matters hereinafter set forth,. herein-
after called "PERMITTEE", in consideration of the mutual covenants .
and agreements to be kept and performed by the parties hereto do here-
by contract and agree as follows:
L
The improvements herein contemplated are in connection with the'• `.
1976 Bicentennial of the United States of America. Permittee is granted
the right of ingress, egress and .regress for the purpose of constructing
improvements upon land owned by the City, such improvements to be
in the nature of an entry and exit road approximately twelve feet in
width, pedestrian sidewalks, a parking lot for cars, picnic tables and
monuments and/or commemorative signs or plaques setting forth and
commemorating matters of historical significance pertinent to this area
of Texas. Said improvements shall be completed by Permittee using
its own employees and servants within 90 days from the date of this
Agreement at Permittee's expense estimated to be approximately
$7, 530.00 Said improvements shall be constructed in accordance
with such lay -out design as submitted to City by Permittee and approved
in advance of construction by the City's Director of Planning.
II.
Said, improvements are to be made, constructed, and/or placed
by Permittee in accordance with the approved lay -out design within
the following described perimeter, being real estate described as
follow s
A tract of land located in Lubbock County, ,Texas,
described by metes and bounds as follows:
BEGINNING at a point, said point being 447.6 feet,
56.59 241W of the intersection of the East section line.
of Section 18, Block A, with the North right-of-way
line of Northwest Loop 289;
THENCE South 38' 321 E for a distance of 3.99.4 feet
to a point;
THENCE North 491 231E for a distance of 268. 7 feet
to a point;
THENCE North 39' 45'W for a distance of 324.4 feet
to a point on the ri<;ht-of-Nrac line of \orthwest
Loop 289;
THENCE South 65' 241W for a distance of 270. 2
feet. along said right -of -tray line to the PLACE
OF BEGINNI\G.
..III.
The monuments and/or commemorative signs or plaques placed
on the above -described real estate by Permittee shall remain the
property of Permittee subject.to removal by: Permittee at its expense,
and shall be maintained by Permittee, and City. shall not be responsible
or liable to Permittee for any loss or damage as regards such monu-
ments or signs or plaques as a result of theft, vandalism, or act of
God or natural disaster.
IV.
All other improvements contemplated hereby (which are not
mentioned in Section III hereof next -above set forth) after completion
by Permittee shall become property of the City of Lubbock and shall
be maintained by the City.of Lubbock during the life of this agreement.,
V.
This agreement may be cancelled at any time by City or Per-
mittee upon 30 days written notice to the other of such cancellation by
personal delivery thereof or by certifed or registered United States
Mail delivery, after which this agreement shall be cancelled. In the
event of such cancellation, within .30 days after the date of cancell-
ation Permittee shall remove (at its expense) the monuments, signs,
or plaques from the premises, and shall restore the surface from
which same are removed to normal condition.
VI.
This agreement shall be a continuing agreement in effect unless
or until such time as same is cancelled by either or both parties here-
to pursuant to Section V hereof. This shall be construed as a permit
for use of land only, and shall in no wise be construed as a conveyance
of an interest in land by City unto Permittee. This agreement is
executed in duplicate, each duplicate being considered an original.
WITNF7SS OUR HANDS AT LUBBOCK, TEXAS, this 22 day of
JANUAR 1976.
CITY OF LUBBOCK, TEXAS
B 1 GC�A�w
y
ROY BASS, MAYOR
A'I+7,
Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
Fred O. Senter, Jr., City Attorney
TEXAS STATE, DEPARTMENT OI
IflGl WAYS AND PUBLIC TRANS-
PORTATION
B1
GEORGL: C. FALL, DISTRICT
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 BOY BASS,
kno,.%,n to me to be the person whose name is subscribed to the fore-
going 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 1976.
i
(SEAL)
Notary Public, Lubbock County, Texas
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public inmd for
said County,. Texas,, on this day personally appeared GEORGE C. WALL,
known to 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 TEXAS STATE DEPARTMENT OF HIGHWAYS AND
TRANSPORTATION and as its DISTRICT ENGINEER, 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