HomeMy WebLinkAboutResolution - 3422 - Amendment To SUL - Borden Inc - Lot 4, Block 23, Original Town - 07_26_1990Resolution #3422
July 26, 1990
Item # 19
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RESOLUTION
WHEREAS, Borden, Inc. of Lubbock, Texas (herein called "Licensee") and
the City of Lubbock (herein called "Licensor") entered into a Street Use
License Agreement which is dated May 23, 1985, for the purpose of Licensee
constructing and maintaining a milk storage tank partially in a dedicated
public street as therein described, said Street Use License is incorporated
by reference into this Resolution as if written in detail in this place; and
WHEREAS, said Licensee has previously requested the Licensor for an
amendment to the terms of said Street Use License to cover one additional
tract of land (which is also part of a dedicated public street) to be used
for another milk storage tank which amendment was granted by the City of
Lubbock by passage of Resolution No. 3144 by its City Council, and Licensee
has now requested a new amendment to said Street Use License Agreement to
cover one additional tract of land (which is also part of a dedicated public
street) to be used for the purposes hereinafter set forth; and
WHEREAS, Licensor after consideration of the matter finds such request
will not discommode the public in the use of said dedicated public street
and such request should be granted as hereinafter set forth; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT in addition to the existing tract of land (as
amended) already licensed to Licensee for construction and maintenance of
two milk storage tanks, the following additional tract is added by this
amendment to said Street Use License as an additional tract of land licensed
to Licensee for the purposes as hereinafter stated:
BEGINNING at a point a distance of 13.00 feet South of the
Northwest corner of Lot 4, Block 23, Original Town to the City
of Lubbock, Lubbock County, Texas;
THENCE West a distance of 3.70 feet;
THENCE North a distance of 40.00 feet;
THENCE East a distance of 3.70 feet;
THENCE South a distance of 40.00 feet to the POINT OF BEGINNING.
SECTION 2. THAT by Licensee's payment to Licensor of the five (5)
year term renewal fee now due under the terms of the License and acceptance
of said payment by Licensor as compensation also for the licensing of said
one additional tract (being part of the dedicated street as hereinabove
stated), Licensee accepts all the terms of the existing Street Use License
as applying to the one additional tract of land hereby licensed to Licensee.
Such acceptance by Licensee of the terms of said Street Use License as
applying to said one additional tract of land is further made by Licensee's
previous construction of a milk storage tank pursuant to the original Street
Use License Agreement authorized by Resolution No. 2033, another milk
storage tank constructed pursuant to said Resolution No. 3144 amendment to
said License, and the construction of two more additional milk storage tanks
and a pump facility structure hereby authorized and permitted by this new
amendment to said License, and accomplished by this Resolution as now passed
by the City Council. The term of the Street Use License shall terminate at
the same time as originally provided in said Street Use License Agreement.
SECTION 3. THAT except as hereby amended, the terms
Use License shall remain the same, and as hereby amended is
and confirmed by Licensor by passage of this Resolution and
acceptance of the terms of this Resolution as aforesaid.
Passed by the City Council this
EST:
ecretary
APPROVED AS TO CONTENT:
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E Bucy, Right -of --Way Agent
APP OVED AS TO FORM
1*-0 MI&
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rt Fu ingim, Assistan
C�ty Attorney
26th day of July
of said Street
hereby ratified
by Licensee's
, 1990.
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