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Home My WebLink AboutResolution - 2005-R0212 - Access Agreements To Certain Properties - 98Th St. And Bangor Ave. To Iola Ave. - 05/26/2005Resolution No. 2005-RO212 May 26, 2005 Item 16 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, Access Agreements, between the City of Lubbock and: (i) Christopher and Benjeline Quirante, and (ii) Deryl and Tanita Neal being certain owners of properties along the south side of 98th Street from Bangor Avenue to Iola Avenue, and all related documents. Said Agreements are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 26th day of May 2005. ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: ty APPROVED AS TO FORM: Richard K. Casner, First Assistant City Attorney m1/ccdocs/AccessAgrmnt-98`h St.res March 31, 2005 ACCESS AGREEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF LUBBOCK § That Christopher Quirante and Benjeline Quirante (herein collectively called "Homeowner"), for and in consideration of the mutual benefits to be derived from the activities described herein, the receipt and sufficiency of which is hereby acknowledged and confessed, do hereby grant to the City of Lubbock, its legal representatives, independent contractors, employees, successors and assigns (herein called "City"), the right to enter upon, under, along, and across only that portion of the property lying and being situated in Lubbock County, Texas, and being more particularly described as 9802 Homestead Avenue, Lubbock, Texas 79424 (herein called "Property") as is reasonably necessary to accomplish the activities or purposes set forth below. 1. The City may inspect the interior and exterior of the building of the dwelling or dwellings located upon the Property, including the right to take photographic and videographic evidence of the same, provided that the Homeowner shall be provided with copies of all evidence collected, including all photographic and videographic evidence. The City and/or its representatives will notify Homeowner at least one (1) week in advance of the proposed inspection to set a time that is mutually agreeable. Homeowner shall be present during the inspection. 2. The City may conduct soil boring activities, consisting of soil bore(s) to the depth deemed sufficient by the City, presently contemplated to be: (i) one (1) soil bore on the north side of the existing dwelling; and (ii) one ACCESS AGREEMENT - Page 1 of 4 soil bore on the south side of the existing dwelling. A copy of all bore data and information shall be furnished to Homeowner by City. Upon completion of said borings, the City shall immediately remove all equipment used for said borings and immediately restore the bore sites to the condition that existed prior to the commencement of boring, as well as repairing or replacing any fences, patios, sprinkler systems, landscaping, or other improvements that have been disturbed by result of said boring activities. 3. To the extent permitted by law, the City shall be responsible for any and all claims arising from its use or access to said Property by third parties. 4. The City shall not cause, or allow to be caused, construction vehicles or materials to be stored immediately adjacent to Homeowner's Property during said construction. The rights granted herein include the rights of ingress, egress, and regress at such reasonable times as is necessary to accomplish said purposes, including the reasonable right of ingress, egress, and regress of motor vehicles and personnel necessary to accomplish such activities. The City shall not access the area depicted in Exhibit "A" via the remainder of the Homeowner's Property unless there is no other available access. Such remainder access shall be coordinated with and approved by Homeowner prior to the City utilizing such remainder access. The City shall reconstruct any fences, landscaping, irrigation, and/or irrigation systems, existing turf, concrete flatwork, or other improvements removed or damaged by it to the condition it existed in prior to said ACCESS AGREEMENT - Page 2 of 4 construction within sixty (60) days of the completion of the activities described in paragraphs 1 and 2, above. By granting the rights of access to the City, as set forth herein, Homeowner does not waive any of its rights it may have against the City in the event the City shall cause any damage to the Property of Homeowner during the City's access to the Property as granted to the City by Homeowner herein, nor does this Agreement in any way affect Homeowner's rights under Chapter 21 of the Texas Property Code. This Agreement shall terminate on May 31, 2005. The City of Lubbock represents that the individual executing this agreement has authority to bind the City of Lubbock to the terms hereof. The terms, conditions, and provisions of this Agreement shall extend to and be binding upon the parties hereto, their heirs, executors, administrators, successors, and assigns. This instrument is executed this 26th day of May , 2005. _Iac C hrisWpher Quirante, Homeowner Ve Quirante, Homeowner ACCESS AGREEMENT - Page 3 of 4 ATTEST: Rebecca Garza City Secretary APPROVED AS TO CONTENT: Larry He 1 Chief Engineer A 14-- j - Keith Smith Senior Civil Engineer APPROVED AS TO FORM: Richard K. Casner, First Assistant City Attorney RMM/General Matters/Quirante, Christopher/access agreementy-city.soiltesting.doc ACCESS AGREEMENT - Page 4 of 4 Attachment A 9802 Homestead ACCESS AGREEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF LUBBOCK § That ,DSgq 1 A44L and �,g�vt rA EA (herein collectively called "Homeowner'), for and in consideration of the mutual benefits to be derived from the activities described herein, the receipt and sufficiency of which is hereby acknowledged and confessed, do hereby grant to the City of Lubbock, its legal representatives, independent contractors, employees, successors and assigns (herein called "City"), the right to enter upon, under, along, and across only that portion of the property lying and being situated in Lubbock County, Texas, and being more particularly described as 9801 /3E4Ko/y r Lubbock, Texas 79424 (herein called "Property') as is reasonably necessary to accomplish the activities or purposes set forth below. See EXHIBIT "A" attached hereto and made a part hereof 1. The City may inspect the interior and exterior of the. building of the dwelling or dwellings located upon the Property, including the right to take photographic and videographic evidence of the same, provided that the Homeowner shall be provided with copies of all evidence collected, including all photographic and videographic evidence. The City and/or its representatives will notify Homeowner at least one (1) week in advance or proposed inspection to set a time that is mutually agreeable. Homeowner shall be present during the inspection. 2. The City may conduct soil boring activities, consisting of soil bore(s) to the depth deemed sufficient by the City, presently contemplated to be: ACCESS AGREEMENT - Page 1 of 4 (i) one (1) soil bore on the north side of the existing dwelling; and (ii) one soil bore on the south side of the existing dwelling, a copy of bore data and information to be furnished to Homeowner. Upon completion of said borings, the City shall immediately remove all equipment used for said borings and immediately restore the bore sites to the condition they existed prior to commencement of boring as well as repairing or replacing any fences, patios, sprinkler systems, landscaping, or other improvements that have been disturbed by result of said boring activities. 3. To the extent permitted by law, the City shall be responsible for any and all claims arising from its use or access to said Property by third parties. 4. The City shall not cause, or allow to be caused, construction vehicles or materials to be stored immediately adjacent to Homeowner's Property during said construction. The rights granted herein include the rights of ingress, egress, and regress at such reasonable times as is necessary to accomplish said purposes, including the reasonable right of ingress, egress, and regress of motor vehicles and personnel necessary to accomplish such activities. The City shall not access the area depicted in Exhibit "A" via the remainder of the Homeowner's Property unless there is no other available access. Such remainder access shall be coordinated with and approved by Homeowner prior to the City utilizing such remainder access. The City shall reconstruct any fences, landscaping, irrigation, and/or irrigation systems, existing turf, concrete flatwork, or other improvements removed or damaged by it to the condition it existed in prior to said ACCESS AGREEMENT - Page 2 of 4 construction within sixty (60) days of the completion of the activities described in paragraphs 1 and 2, above. By granting the rights of access to the City, as set forth herein, Homeowner does not waive any of its rights it may have against the City in the event the City shall cause any damage to the Property of Homeowner during the City's access to the Property as granted to the City by Homeowner herein, nor does this Agreement in any way affect Homeowner's rights under Chapter 21 of the Texas Property Code. Q �� ff This Agreement shall terminate on o n o r b e f o r e thirty (3 0) days Weetfinalc �det ��adoI t�eai or nv�dnother related improvements on 98tr rl i� Cty of Lu ock represen s at a in ivi ual executing this agreement has authority to bind the City of Lubbock to the terms hereof. The terms, conditions, and provisions of this Agreement shall extend to and be binding upon the parties hereto, their heirs, executors, administrators, successors, and assigns. This instrument is executed this day of 4,/ , 2005. ACCESS AGREEMENT - Page 3 of 4 ATTEST: QL LV-� - �� Rebecca Garza City Secretary APPROVED AS TO CONTENT: Larry He 1 Chief Engineer APPROVED AS TO CONTENT: �-dif J5— Keith Smith Senior Civil Engineer APPROVED AS TO FORM: Richard K. Casner, First Assistant City Attorney CrrYATT/Richard/Access Agreement 02-18-2005 ACCESS AGREEMENT - Page 4 of 4 EXHIBIT "A" ACCESS EASEMENT 1) City agrees that, prior to commencement of construction, a wooden temporary construction fence with a minimum height of six (6) feet will be constructed along the boundary of the access easement, and that the said fence will be maintained for the duration of construction. 2) City agrees the area outside of the property fence currently occupied by sixteen (16) trees, sod and sprinkler system will be replaced with concrete. 3) City agrees the property fence and area inside the said fence will be restored to as near original condition as is practical and will plant three (3) two and one-half (2 '/2) caliper replacement trees at a location to be designated by Homeowner. 4) Permission is hereby granted to City or its authorized agent to enter on our land, where necessary, to relocate or reconstruct fences, sod, sprinkler system and trees as described in Clauses 2 and 3 above. 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