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Home My WebLink AboutResolution - 2020-R0152 - Street Use License Tivoli EstatesResolution No. 2020-R0152 Item No. 6.8 May 12, 2020 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Street Use License by an([ between the City of Lubbock and 'Tivoli Estates IIonic Owners Association, and related (1ocuments, Said License is attached hereto and incorporated in this resolution as iffully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on _ May 12, 2020 DANIEL M. POPE, MAYOR ATTEST: )K- lZebe,ca arza, City Secrc ary APPROVED AS TO CONTENT: Michael Keenum, 1).E-, Division Director of I nginecringlCity Engineer APPROVED ASTO FORM: Of Rya Bro ke, As astant City Attorney ccdocslRES.Street Use License -Tivoli Estates Home Owners Association 2.21.20 Resolution No. 2020-RO152 STREE"r USE LICENSE THE STATE OF TEXAS § KNOW ALL MEN BY TI-II SE PRESENTS; COUNTY 0 F LUBBOCK This License made this 12th day of May , 2020, being the dale of this [[.iccnsc between the CITY OF LUBBOCK, TEXAS, a I-Iome Rule Municipal Corporation, and TIVOLI ESTATES HOME OWNERS ASSOCIATION, 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 the use a portion of dedicated streets for underground water lines, electric lines, and arch crossing, and being more particularly described in attached Exhibits "A", "B", and "C". The term of this License shall be for five (5) years from date hereof, and shall be automatically extended for successive live (5) year terms not to exceed twenty (20) years in any event unless either party shall give written notice of termination to the other party before the expiration of the first. second or third five (5) year term, as the case may be, 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 LICENSE-E at 4423 1101h Street #38, Lubbock, Texas 79424, or the last known address of LICENSEE:, as provided to the City Manager of the CITY OF LUBBOCK by LICENSEE. Upon the expiration or cancellation and revocation of this License by the CITY OF LUBBOCK, or the abandonment of this License by the LICENSEE, the improvements that are permitted under this License shall be removed by tale 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 refuses to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall take 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. I. Consideration for this License was accepted and acknowledged through the dedication of the public street related to this property. CITY 01' LUBBOCK accepted consideration as recorded in Resolution No. 2006-ROI 18, passed by the: CITY OF LUBBOCK CITY COUNCIL on March 8, 2006. 2. The LICENSEE agrees tea pay all costs arising out of (tic exercise of this License licrein granted including, bill not limped to, the cost of cleanup of any oii, hazardous substance, or other material, the replacement and repair of paving, sidewalks and utilities of any nature damaged as a result ofthe construction authorized by the License. ��rHgP11��9��f[�tq►`i�`7q 3. In the event the CITY OF LUBBOCK determines that the License herein granted 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 in relocating or rerouting over and above the expense which would have been incurred except for LICENSEE'S use herein. 4. This License is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 5. This License is made subject to the condition that should the LICENSEE exercise any right under this License and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above described property, then and in that event, said LICENSEE, its successors and assigns, will at all time defend, indemnify and otherwise hold the CITY 01' LUBBOCK, its agents, servants and employees harmless from any and all claims, demands, actions, causes of action and suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this License or the construction or maintenance 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, cost and expense growing out of the performance of the work to be done by such contractors. The CITY OF LUBBOCK may further require any of said contractors, when engaged in the construction, repair or maintenance permitted herein, to famish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in a 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 insurance assumed by said contractors 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. 6. LICENSEE agrees and is required to furnish a policy of public liability 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. 7. 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 or assigns shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance, except as specified in numbered paragraph four (4). 8. 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 STREET USE LICENSE upon termination or cancellation of this license. No interest for real property is conveyed or granted by this License. 9. 'lbe CITY OF LUBBOCK reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to week any and all forms of relief in a court of competent jurisdiction. Further, the CITY OF LUBBOCK shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. AGREED TO AND ACCEPTED this 12th day of May , 2020. CITY OF LUBBOCK 1 DANIEL M. POPE, MAYOR ATTEST: Reb=a Garra, City Secret ry APPROVED AS TO CONTENT: TIVOLI ESTATES HOME OWNERS ASSOCIATION: Name: Title: Michael Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: Ry By oke, AssisIant City Attorney STREET USE. LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Daniel M. Pope, Mayor of the City of Lubbock, 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 and stated. Ct, GIVEN UNDER MY HAND AND SEAL OF OFFICE this �2 day of M , 2020. JIMMY D. MAYNARD No in and for a State of Texas ady Pu*' Stew d Taus NOWT, 11=11,177d M Commission Expires: 03 M/CgDo®On FJV n1247-204 Y p i2-27-2023 THE STATE OfFj7l COUNTY Ol�/1� BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared , on behalf of TIVOLI ESTATES HOME OWNERS ASSOCIATION, I sown to We to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and stated. IVEN I,JNDER MY HAND ANDS AL F OFFICE this ((// �� day of 2020_ ,.. JOYCEHYOUNG Nobry Pud'c,ShcaMTmms MY Commieebn F�Imo q,e ,,.• 9ep[lmOBr 15, 2023 NOTARY ID 113t311b r Licenses-Stmcl Use: Tivoli Estates Home Owners Association 2.21 20 Commission Expires: STREET USE LICENSE ASACt& ENGINEERING SURVEYING 2737 81 ST STREET LUBBOCK, TEXAS 79423 (806)745-7670 Exhibit "A " "Count on it" FIELD NOTES on the center line of a 10 foot wide water line easement out of Tract A, Tivoli Estates Addition to the City of Lubbock, Lubbock County, Texas, According to the map, plat, and/or Dedication Deed thereof Recorded in Volume 8719, Page 238, Official Public Records, Lubbock County, Texas, and Corrected in Volume 8801, Page 207, Official Public Records, Lubbock County, Texas, being further described by metes and bounds as follows: BEGINNING at a point that bears South, 42 feet from a found "x" in concrete for the most Westerly Northwest comer of Lot 24, Tivoli Estates Addition; THENCE West, 52 feet; THENCE North, 42 feet. FIELD NOTES on the center line of a 10 foot wide water line easement out of Tract A, Tivoli Estates Addition to the City of Lubbock Lubbock County, Texas, According to the map, plat, and/or Dedication Deed thereof Recorded in Volume 8719, Page 238, Official Public Records, Lubbock County, Texas, and Corrected in Volume 8801, Page 207, Official Public Records, Lubbock County, Texas, being further described by metes and bounds as follows: BEGINNING at a point that bears South, 40 feet and West, 25 feet from a found "x" in concrete for the most Westerly Northwest comer of Lot 24, Tivoli Estates Addition; THENCE South, 110 feet. FIELD NOTES on the center line of a 10 foot wide water line easement out of Tract A, Tivoli Estates Addition to the City of Lubbock Lubbock County, Texas, According to the map, plat, and/or Dedication Deed thereof Recorded in Volume 8719, Page 238, Official Public Records, Lubbock County, Texas, and Corrected in Volume 8801, Page 207, Official Public Records, Lubbock County, Texas, being further described by matte and bounds as follows: BEGINNING at a point that bears South, 144 feet and West, 80 feet from a found "x" in concrete for the most Westerly Northwest comer of Lot 24, Tivoli Estates Addition; THENCE East, 110 feet These notes represent that electric line easements within Tract A, Tivoli Estates and am based on a survey made on the ground and shown on a Plat showing Electric, Water and Sign Easements on Tract A, Tivoli Estates. J.M. Cieszinski, RPLS 4460 October 16, 2006 T:\Computer Field D Projects\tivoli\ Lots l-\paving\FIELD NOTES on the water line easemen.doc N Exhibit A PFn® Proposed Street Use License Areas for Three Underground Water F ® tl=tea Lines Located Along Raleigh Avenue and 111th Street, Tivoli F oitli„ Estates Addition I ili„ S, 110TH ST rX [110 2 3 4 —I 5 6 7 8' w Q;9!rVi 12 I b3 ` 14 15 16 7 Fw Qv Ii l0' X 110' Area for ndereround A4 ater Line L 31 30 29 F$ . 27 26` 32 -38 10' Wide Area for Underground Water I,ine M-j 22 iI21 111TH ST • 10' S 110' Area for Undmgromid APater I,inc e 50 100 20 k,ee„�aeeyenap&20si. Gm PaMlDMa Pemaaseiueewemmmieme w, waa�aisa�mwmamnyP..P„x, rn or w �eetl,��w > *Lubbock rnL"eyrountl,urvryaM Rp¢,¢nl, pnM Me aPpmiiyle RUpu¢bWpOlpp�erty G,unE�es. :[„i ASAC�JS ENGINEERING SURVEYING 2737 81 ST STREET LUBBOCK, TEXAS.79423 (806) 745-7670 Exhibit " B " "Count on it" FI ELD NOTES on the center line of a 10 foot wide electric line easement out of Tract A. Tivoli Estates Addition to the City of Lubbock, Lubbock County, Texas, According to the map, plat, and/or Dedication Deed thereof Recorded in Volume 8719, Page 238, Official Public Records of Lubbock County, Texas, and Corrected in Volume 8801, Page 207, Official Public Records of Lubbock County, Texas, being further described by metes and bounds as follows: BEGINNING at a point that bears West, 29 feet from a found-x" in Concrete for the most Westerly Northwest comer of Lot, 24, Tivoli Estates Addition; THENCE South, 145 feet FIELD NOTES on the center line of a 10 foot wide electric line easement out of Tract A, Tivoli Estates Addition to the City of Lubbock, Lubbock County, Texas, According to the map, plat, and/or Dedication Deed thereof Recorded in Volume 8719, Page 238, Official Public Records of Lubbock County, Texas, and Corrected in Volume 8801, Page 207, Official Public Records of Lubbock County, Texas, being further described by metes and bounds as follows: BEGINNING at a point that bears South, 35 feet and West, 7 feet from a found "x" in concrete for the most Westerly Northwest comer of Lot 24, Tivoli Estates Addition; THENCE South, 19 feet; THENCE West, 44 feet; THENCE North, 19 feet. FIELD NOTES on the center line of a 10 foot wide electric line easement out of Tract A, Tivoli Estates Addition to the City of Lubbock, Lubbock County, Texas, According to the map, plat, and/or Dedication Deed thereof Recorded in Volume 8719, Page 238, Official Public Records of Lubbock County, Texas, and Corrected in Volume 8801, Page 207, Official Public Records of Lubbock County, Texas, being further described by metes and bounds as follows; BEGINNING at a point that bears South, 144 feet and West 80 feet from a found "x" in concrete for the most Westerly Northwest comer of Lot 24, Tivoli Estates Addition; THENCE East 110 feet; These notes represent that electric line easements within Tract A, Tivoli Estates and are based on a survey made on the ground and shown on a Plat showing Water, electric and Sign Easements on Tivoli Estates. J.M. Cieszinski, RPLS 4460 October 16, 2006 T:\Computer Field D Projects\tivoIALots l-\paving\FIELD NOTES on the electric line easements.doc Z-A A , N Exhibit B Proposed Street Use License Areas for Three Underground Electric Lines Located Along Raleigh Avenue and 111th Street, 'I ft�o,pM11 Tivoli Estates Addition uore sr— — — — — — — — — — _ F IIIM St 110TH ST x C� LU 9 2 3 4 5 6 7 o w> 9 0 11 1 2 5 14 15 1 16 '17 I 10'Wide Area fur Underground Electric LincA� 10' V 1 1., Aroa fur Iz r Undo �, rl n l nd I I,'clric Linc li - - �' II 30 29 _' t; 1117H ST 111TH ST 1 1 o' 5110'_1rea or Cnder_rround Electri<� Line W k — i I,Iun.J On�ipLnuq,+pin PN:n :nle Feat 0 50 100 200 Mrepui,aty Chaple, N51. G Shaal Data r,Mut601 lne Ghemme CO Nspmductsb,nkmaMnalpury— L''It ana aaeha �eeprep�tad aeu��.enpin naw, �len *Lubbock arvNSMalMm ey antl,ap m0* Ne apmehele Mahe lect" d pe{erp' Saundaex l,r„ ABACJ45 ENGINEERING SURVEYING 2737 81 ST STREET LUBBOCK, TEXAS 79423 (806) 745-7670 "Count on it" Exhibit " C " FIELD NOTES on the center line of a 10 foot wide easement for the arch crossing Tract A, Tivoli Estates Addition to the City of Lubbock, Lubbock County, Texas, According to the map, plat, and/or Dedication Deed thereof Recorded in Volume 8719, Page 238, Official Public Records of Lubbock County, Texas, and Corrected in Volume 8801, Page 207, Official Public Records of Lubbock County, Texas, being further described by metes and bounds as follows: BEGINNING at a point that bean South 49 feet from a found'k" in Concrete for the most Westerly Northwest comer of Lot, 24, Tivoli Estates Addition; THENCE West 58 feet. These notes represent that electric line easements within Tract A, Tivoli Estates and are based on a survey made on the ground and shown on a Plat showing Water, electric and Sign Easements on Tivoli Estates. I.M. Cieszinski, RPLS 4460 October 16, 2006 T:\Computer Field D Pmjecm\6voli\Lonl-\paving\FIELD NOTES on the Sign Easement.doc OF r e .�PAPO` T J.M 0ES2 NS 1 i� 4460 2P ? I �! ��FEMSS� � ' N ® HEM C Exhibit C �L� ®—IMM9 „„„„ Proposed Street �Use License Area for Decorative Arch Crossing Located Along Raleigh Avenue, Tivoli Estates Addition lal„:1 F r 3M T IIUT. ,1� 110TH ST 11 1 31 1 511 6 1 I <, 10'X IIU \i I I" IV, i� Al Jllr,�.pl' ll ZO c 111TH ST 111TH ST CD 3 ci feel 100 200 K,w=:,� tr/G„Gixaisl. ceozw+ymnrmacn olmz�Mleom. ws poaoo c � �mo„:a�a P.wsex atl �e, rdnm Ertn ptyaMlrt uRsumkhrk9i. n:gree•q. wsur �n9Nw+e.Xmes nmmPesmlan anNegwN mm, aM repeunh wNVe appwinare ItlnNe Imtion N Pw>h euwev 16 1 17 1e '01')" e,ur.ydn-)I., ]nl rn-oc tl.ubbock vu