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HomeMy WebLinkAboutResolution - 2005-R0121 - Access Agreements Of Certain Properties On 98Th St. - 03_24_2005Resolution No. 2005-RO121 March 24, 2005 Item 22 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, by and between the City of Lubbock and: (i) Bonnie Jackson; (ii) Klaus Scholz; and (iii) Robert and Brenda Langehennig, being certain owners of properties along the south side of 98 h 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 City Council. Passed by the City Council this 24th day of March // , 2005. ATTEST: GAL, MAYOR Reb cca Garza, City Secretary APPROVED AS TO CONTENT: City APPROVED AS TO FORM: Richard K. Casner, First Assistant City Attorney gs:/ccdocs/AccessAgrmnt-98''5treet. res March 8, 2005 Resolution No. 2005-R0121 March 24, 2005 Item 22 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, by and between the City of Lubbock and: (i) Bonnie Jackson; (ii) Klaus Scholz; and (iii) Robert and Brenda Langehennig, being certain owners of properties along the south side of 98"' 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 City Council. Passed by the City Council this 24th day of March // , 2005. ATTEST: UGAL, MAYOR Reb cca Garza, City Secretary APPROVED AS TO CONTENT: City APPROVED AS TO FORM: Richard K. Casner, First Assistant City Attorney gs:/ccdocs/AccessAgrmnt-98'hStreet. res March 8, 2005 ACCESS AGREEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF LUBBOCK § That -PAt,idoa �-Z.,A Vta and&eej& .Q p AQ �11V (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 9901 bOA(- hVe_, 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 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 a (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 M 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 April 30, 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 2 day of Aa ceL.-)2005. -- Homeowner IV Homeowner z ACCESS AGREEMENT - Page 3 of 4 V ATTEST: Rebecca Garza City Secretary APPROVED AS TO CONTENT: C:::�La4rryHer�el'Z Chief Engineer APPROVED AS TO FORM: Richard K. Casner, First Assistant City Attorney CITYATT/Richard/Access Agreement 02-18-2005 ACCESS AGREEMENT - Page 4 of 4 NQRTH LINE SECTION 25 BLOCK E2),aAl C/e-,nnl . 4% 109 89 ui 984 83 82 fill 183 184 185 186 187 188 1,8Q JW 50' .60' W' .1 W w C.5. 6.1. all rK ST A- 5w 6W W 60' W 1 60' W 60 w w 5T ACCESS AGREEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF LUBBOCK § That and (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 rJ'a described as l,q 4 / u �l4 Alle.- 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 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 I 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 April 30, 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 / day of ar , 2005. XW.O�-I omeowner 0 Homeowner N ACCESS AGREEMENT - Page 3 of 4 ATTEST: Rebec(a Garza City Secretary APPROVED AS TO CONTENT: 4LarryHerto� Chief Engineer APPROVED AS TO FORM: Richard K. Casner, First Assistant City Attorney CITYATF/Richard/Access Agreement 02-18-2005 ACCESS AGREEMENT - Page 4 of 4 No Text 10 Qi.2W 9 w SOUTH SECTION LINE t , 9-- qM 31 LuLl t 3-2 w ", ACCESS AGREEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF LUBBOCK § That J), �-- A LA S — �'�and (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 C3 2- '!� 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 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. This Agreement shall terminate on April 30, 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 -2 day of � T `I, 2005. Homeowner z ACCESS AGREEMENT - Page 3 of 4 ATTEST: Rebecca Garza City Secretary APPROVED AS TO CONTENT: %,iuci riiguicci APPROVED AS TO FORM: Richard K. tasner, First Assistant City Attorney CITYATT/Richard/Access Agreement 02-18-2005 ACCESS AGREEMENT - Page 4 of 4 SOUTH SECTION LINI ♦ .r+rr+ ♦ i-lXYA Mr. wrm ♦ SG -� LO / '1 10