HomeMy WebLinkAboutResolution - 871 - Street Use License - Cal-Maine Foods - Tract Of Land Section 20, Block E2 - 07_23_1981SMH:pc RESOLUTION #871 - 7/23/81
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Mayor of the City of Lubbock is hereby authorized,
and directed to execute for the City of Lubbock a Street Use License in
favor of Cal -Maine Foods, attached herewith, which shall be spread upon
the minutes of the City Council, and as spread upon said minutes shall
constitute a part hereof for all purposes.
SECTION 2. THAT the Licensee in said Street Use License shall
pay the sum of $2,051.00 in advance to the City of Lubbock upon and contem-
poraneous with the execution of said License as an advance annual fee of
$102.55 per year for 20 years, as part of the consideration for the grant
of said Street Use License.
Passed by the City Council this 23rd d Ju 1981.
Bfgf MCALISTE , MAYOR
ATTEST:
Evelyn-G fg , City e fe ry-Treasurer
APPROVED AS TO CONTENT:
Don Jenni gs, City Engineer
APPROVED AS TO FORM:
bk" - 1��
Susan M. Horton, Assistant City Attorney
RESOLUTION•#871 - 7/23/81
STREET USE LICENSE
THE STATE OF TEXAS 4
COUNTY OF LUBBOCK 5
This indenture made this 23rd day of July , 1981, between the City of
Lubbock, Texas, a Home Rule Municipal Corporation, and Cal -Maine Foods,
Jackson, Mississippi, 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 a portion of dedicated street to construct and maintain a temporary and
miscellaneous license according to procedure established by City Council in a
Resolution passed on May 25, 1967, Volume 26, Page 173, Minute 494 of the
Minutes of said City Council of the City of Lubbock to allow a portion of the
existing building to remain in the right-of-way in Section 20, Block E-2,
Lubbock County, Texas, described as follows:
A tract of land located in Section 20, Block E-2, Lubbock County, Texas,
being a part of the proposed University Avenue right-of-way, and being
further described for purposes as follows:
BEGINNING at a point which bears South a distance of 186.80 feet and West
a distance of 40.90 feet from the Northeast corner of Section 20, Block
E-2, Lubbock County, Texas;
THENCE South a distance of 106.30 feet;
THENCE West a distance of 19.10 feet to a point in the West line of the
proposed University Avenue right-of-way;
THENCE North, along said proposed right-of-way, a distance of 106.30
feet;
THENCE East a distance of 19.10 feet to the Point of Beginning.
1.
The terms of this grant shall be from year to year not to exceed twenty
(20) years or until the City needs the property for street widening whichever
comes first 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 P. 0. Box 2096, Jackson, Mississippi, or the last known address of
Licensee.
Upon expiration or cancellation and revocation of this license by the
City of Lubbock or the abandonment of the license by the Licensee, the improvements
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 refused 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 improvements 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 Two Thousand Fifty -One and 00/100 ($2,051.00) Dollars cash in
advance contemporaneously with the acceptance and execution hereof by Licensee.
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 realignment 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, demands, actions, causes of action, suits at law or in equity or
whatsoever 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, costs 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 liablity
and property damage insurance, within limits specified by, and in a form
satisfactory 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 representatives, 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 Five
(5).
9.
Licensee, by the acceptance of the uses permitted herein, understands and
agrees that no 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 L
BY: '
frEt-MEALISfER, MAYOR
AT EST: /
Evelyn Gaftga, di7ty S cr -Treasurer
APPROVED AS TO CO T:
ti Don Jenning City Engineer
APPROVED AS TO FORM:
Susan M. Horton, Assistant City Attorney
AGREED AND ACCEPTED this day of , 1981.
LICENSEE: Cal -Maine Foods
BY:
Ken Looper, Vice Pres
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 BILL McALISTER, Mayor, 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 ,
1981. /', n i n
1-
Notary-Public, Lubbock County, Texas
My Commission Expires
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 KEN LOOPER, Vice President of
Cal -Maine Foods, 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.
1981.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,
Notary Public, Lubbock County, Texas
My Commission Expires