HomeMy WebLinkAboutResolution - 3621 - Street Use License- Lubbock Land Company- Utility Service Lines, Chicago Avenue - 05/23/1991Resolution No. 3621
May 23, 1991
Item 423
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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 a Street Use
:License in favor of Lubbock Land Company for private utility service lines in
a portion of Chicago Avenue, attached herewith, which shall be spread upon the
``minutes of the Council and as spread upon the minutes of this Council shall
:constitute and be a part of this Resolution as if fully copied herein in r
'idetail. !
4assed by the City Council this 23rd day of May 1991.
II
� McMIN4, MAYOR
> ATTEST:
��'+ �` ►t'„ane aBoyd, y Secretary
;APPROVED AS TO CONTENT:
ii Bucy, Rig t -o - ay Agent
!!APPROVED AS TO FORM:
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Resolution No. 3621
May 23, 1991
R Item #23
Nis And Return To EVOL 367.9 PAGE 142
Ed Bucy R.O.W
JWF : j s 2857
STREET USE LICENSE
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This indenture made this 23rd day of May ,
1988, being the date of this Agreement between the CITY OF LUBBOCK,
TEXAS, a Home Rule Municipal Corporation, and LUBBOCK LAND COMPANY,
hereinafter called "LICENSEE."
WITNESSETH:
Subject to the terms, conditions and provisions herein, the
CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, priv-
ilege and license to use a portion of the dedicated street for
private utility lines to serve Lot 19, Preston Place Addition to
the City of Lubbock, Lubbock County, Texas, to -wit:
METES AND BOUNDS DESCRIPTION of a portion of Chicago Avenue
adjacent to Lots 18 and 19, Preston Place Addition, a replat
of Tract "D," the Meadows, an Addition to the City of Lubbock,
Lubbock County, Texas, being further described as follows:
BEGINNING at a point in the Northwest right-of-way line of
Chicago Avenue which is the original most Southerly Southeast
corner of Lot 18, Preston Place, an Addition to the City of
Lubbock, Lubbock County, Texas;
THENCE Northeasterly, along the Northwest right-of-way line of
Chicago Avenue around a curve to the right, said curve having
a radius of 204.82 feet, a central angle of 2604211811, tangent
lengths of 48.62 feet, a chord distance of 94.60 feet and a
chord bearing of N. 18057122" E. to a point in the Southeast
line of said Lot 19;
THENCE S. 45° E. a distance of 9.75 feet;
THENCE Southwesterly around a curve to the left, said curve
having a radius of 195.32 feet, a central angle of 25°4810911,
tangent lengths of 44.74 feet, a chord distance of 87.22 feet
and a chord bearing of S. 18°46141" West;
THENCE S. 89059139" W. a distance of 9.55 feet to the POINT OF
BEGINNING.
The term of this grant shall be for five (5) years from date
hereof, and shall be automatically extended for successive five (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 notice to LICENSEE. Said notice shall be deemed
properly served if deposited in the post office, postage paid,
addressed to LICENSEE at 2712 82nd Street, Lubbock, Texas 79423, or
the last known address of LICENSEE.
Upon the 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 propert)t_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.
rVOL3679 PAGE 14.3
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.
1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation
for such grant the sum of THREE HUNDRED TWENTY AND N0/100 ($320.00)
DOLLARS cash in advance contemporaneously with the acceptance and
execution hereof by LICENSEE for the first five (5) year term of
this license, and thereafter such rate of compensation may be
changed for each succeeding five (5) year term by the CITY OF
LUBBOCK to a rate of compensation which is based on procedures and
policies as established by the City Council of the CITY OF LUBBOCK
based on an appraisal of the fair market value of such land by the
Right -of -Way Department of the CITY OF LUBBOCK as applied to the
formula for determining such rate established by the City Council.
If such rate is not changed by the CITY OF LUBBOCK, the rate for
the preceding five (5) year term shall apply. The CITY OF LUBBOCK
shall notify the LICENSEE of any change in rates in writing before
the start of the five (5) year term to which such change in rate
shall apply, and if such notification is not made, then the rate
for the preceding five (5) year term shall apply.
2. 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 the
license.
3. 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 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 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 described
property, then and in that event said LICENSEE, its successors 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 of 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, 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 furnish, 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
- 2 -
`'VOL3679 PAGE x.44
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 upon termination or
cancellation of this license.
CITY OF LUBBOCK
o
ArBY: l S. C. MCMINN, MAYOR
ATTEST:
Rane a Boyd, City Se retary
AGREED TO AND ACCEPTED this 23rd day of May
1991.
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
J���6kAw & jv A
J,orth Fullingim, As istant
i Attorney
- 3 -
LICENSEE: LUBBOCK LAND COMPANY
BY:
RANDY NEUGwEBAUER, President
r
•
f VOL3679 PAGE
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 B. C.
McMINN, MAYOR, known to me to be the person whose name is sub-
scribed 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.
IVEN UNDER MY HAND AND SEAL OF OFFICE this N3 `" day of
1991.
SEAL
Notary Public in and for
f the State of 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 RANDY
NEUGEBAUER, 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
in the capacity therein stated as the act and deed of LUBBOCK LAND
COMPANY.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this s�� day of
Si-PTcr-n a ca , 1991.
c�aoao
EDWARD WUON SUCY
N.tery Public, !tate of Ism
�~
IAV c•rmnipi•n flim 11.41-43
orfi
MDAL
A P��
Notary Public in and for
the State of Texas
My Commission Expires:
- 4 -
STATE OF TEXAS
COUNTY OF LUBBOCK
hereby cartinr that this instrument wM WD oaths
date and at t time starnped hereon by me and wss dtify
RECORDED in the Volume and Pap otthe0fficial ReafPtopelty
Records of Lubbock County, Texas as stamped hereon by rte
c,7" i 1 Ip7>'
., V7 COUNTY CLERK
�'�~ LUBBOCK COUNTY,TEX4