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Home My WebLink AboutResolution - 111176D - Underground Telephone Lines Land Use Permit Agreement - Southwestern Bell Tel Co - 11_11_19764 JWF:cjc y;a . A, 1111947 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, an Under- ground Telephone Lines Land Use Permit Agreement to be entered into by and between the City of Lubbock and Southwestern Bell Telephone Company (as Permittee), being in the South half of Section 2, Block 13, Lubbock Cou Texas; 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 11th day of November , 1976. r reva Phillips, City cretary-Treasurer APPROVED AS TO FORM: Fred O. Senter, Jr., City Afforney UNDERGROUND TELEPHONE LINES LAND USE PERMIT AGREEMENT THE STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT entered into as of the llth day of November 1976, by and between the CITY OF LUBBOCK, a Texas Home Rule Municipality, here in called "CITY", acting through its MAYOR hereunto duly authorized and SOUTHWESTERN BELL TELEPHONE COMPANY, a corporate public utility company, incorporated in Missouri, acting by and through its undersigned officers hereunto duly authorized, herein called "PERMITTEE", as follows: KNOW ALL MEN BY THESE PRESENTS: I. THAT in consideration of ONE AND N01100 ($1.00) DOLLARS and other good and valuable consideration and the mutual agreements to be kept and performed by the undersigned parties, the CITY does hereby grant unto PERMITTEE a permit to lay, construct, repair, maintain, and use an underground telephone line or lines in, upon, under, along, and across the following described real estate owned and controlled by said CITY, to -wit: Being in the South half ,Section Block �B, Lubbock County, Texas, described as follows: A twenty (20) foot strip of land being North of, parallel with and adjacent to the North right-of-way line of Farm to Market Highway 835 (East 50th Street). Then adjacent to and conform to the radius of the right-of-way curve marking the Northwest part of the intersection of Farm Market 835 and Loop 289 until It extends 220 feet North of the South line of Section 1, Block B. , Lubbock County, Texas . SAID telephone line or lines shall be buried at least forty (40) inches below the surface of the ground and/or paved surface under which it lies. II. PERMITTEE after construction, shall, at its cost, restore the surface to its original condition. PERMITTEE at its own cost and subject to the supervision and control of the CITY shall locate, construct, and maintain said telephone line or lines in such a manner that it will not at any time be a source of danger to or inter- fere with access to or operation of any Municipal facilities and the safety thereof, and PERMITTEE agrees that at any time CITY builds any improvements and/or facilities which necessitates removal or relocation of PERMITTEI�S telephone line or lines, that PERMITTEE will forthwith accomplish such relocation or re- moval as requested by CITY at the cost and expense of PERMITTEE, and there- after maintain its telephone line or lines as designated by the CITY. PERMITTEE agrees that at all times it will indemnify and save harm- less 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 telephone line or lines installation 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. IV. THIS PERMIT is given by the CITY and accepted by PERMITTEE 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, PERMITTEE agrees at PERMITTEE'S expense to remove said telephone line or lines installation from the property. of the: CI; Y and restore said property to the came ccaaiition in which tt uas prier to the piactng of said telephones Linear Liner hmtiLUaf to_ - thereon, In case FERMT'TEE ishail fait to restore the CMtS premises vx aforesaid within thirty (30) days, CITY may proceed with such work at the expense of PERLUTTEE. Wo termination hereof zhall release PERMITTEE from any LiabUtty or obligation hereunsier, whether of tadematty or otherwise, resultiaC from *my sects,. omta3 Wus or everds happening prior to the date of termista:ion or such Later date when the telephone Itne gar Lines I stallation rosy be "moved and vaLd proxalses testamd ex haraLuabove provided. 3LG` EMM be btrtdjag upon =uL ft=-B to the be Wtt-- a the ` �E$'B �i tbelst�espee##ve 2egast reps'esatd€ativasr successors and assigae �brti i `east s ` ivet by Pi I+�TT stnsti be btudiag apes the - - '"M Term of hits pvW sta U-be, 'year'toje*I' `Wthvuf-reAi*W` x ott"xceed twenty (20) years unless sooner revoked at the vW of"cmy s.e pri » vided In Sections LY and VU h of, VII. ANIT' hottce, Request, Instructions or Revocatlort of this license to be gust 1a7 CITY to i ERMTTEE hereunder shall be deemed to be }property served if deitvered to PERAUTTEE or it deposited in thLt- Post Office, postpaid rAdressed to PERWITTEE at LIRE Main, Street, Lubbock. Texat 7tML, or to tha Last knSrra address of PERibdix'TE%• VUL .PE 'fT=by the acceptance of the uses pe:r=ttted herein, under - a atttd Wises #hst'no, Lftereo;- Me or rights of poc a session are Wended or Lmpited except tbtu etxtSa Bet €oxttt beret and -PERWiXEE waives any and tsz#1 s fat sad #o .the proper ;ii Pper=ttted to use hereby xssi �s to gEvts pos stow ssi Biel proparti aec> re l se[u.upo� tarnaiaaticsn or caaxtce3i- etiasx pit ptxnit:: -w Y iJi a,•�.. '-�,.. � � �14� "i�R sT�F� # parties hereto have executed this L"t u_ meat; tat dugs. t#te i aad { year i"u%st ebutre vrrtiten. . tlt1ElU(( s` r z � �, o•y., ;, q r__ r ,.. , }.j . /. Roy HA boa . LiiilipS, City oretary-Irra:asurer, r .. City, at orney ACCEPWJ23: SQtiTH I=ERN BELL TELEPHONE COMPANY, INC. ATTEST: Ey: CHES 'E$ DD, Vice Peresideat and General lUnage r Secretary TaE STATE OF TEXAS 5 COUNTY OF S BEFORE ME, the anderstgaed, a Notary Public to and for County, Te=s, can this day persomzlly appeared Cfil STER TODD, knouu to me to be the person who" came is subscribed to tha foregoing instrument and ackaowtedged to me that he executed the s=e as fbe act and deed of S OUTEMESTERN BELL TELEPHONE COMPANY, INC„ aW as its Flee President and General it:a er, for the purposee and consider- ation therein expressed and in the capacity therein stated. GIVEN UA'DER M IIAA'D AND SSE&L OF OFFICE this day of , A. D. 1976. 'otFzs'y Pabiic County, Texas (SEAL) THE STATE OF TEXAS COUNT' Or LUBBOCK BLFORE UE, the understgued authority, a Notary Fublic in and for Lubbo-ck C nUdy, Texas, on this day personally appeared BOY BASS, known to me to be the persoa whose came iE suhseriiaed to the foregoing instrument and ackaov edged to we that he executed the same as the act and deed of the CITY OF LU8BOM and as MAYOR, -for the purposes and consideration there In expressed and in the capacHy therein stated, GIVEN UNDER ICY HAND AND SEAL: OF OFFICE this day of �� ♦ A. D. MS. Notary�ublic, Lubbock county, Terms