HomeMy WebLinkAboutResolution - 2017-R0213 - Wildwood Of Lubbock - 06/22/2017Resolution No.2017-R0213
Item No.6.4
June 22,2017
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 Agreement by and between the City
of Lubbock and Wildwood of Lubbock, LLC, and related documents. Said Agreement is
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 bytheCity Council on June 22.2017 •
DANIEL M.POPE,MAYOR
ATTEST:
Jlt&CJLtk
Rebecca Garza,City Secret
APPROVED AS TO CONTENT:
&4^._lS<T)r^L^
Dave Booher,Right-Of-Way Agent
APPROVED AS TO FORM:
Ryan Bpooke,Assistant City Attorney
ccdocs/RES.Street Use License Agreement-Wildwood of Lubbock
05.19.17
Resolution No. 2017-RO213
STREET USE LICENSE
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
This License made this 22nd day of _ _ _ June , 2017, being the
date of this License between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal
Corporation, and Wildwood of Lubbock, LLC, 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 a dedicated
street for private storm sewer under street right-of-way as described in attached Exhibit "A".
The term of this License 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 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 1550 Timothy Road, Athens
GA,4OW, 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 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 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.
Upon the expiration or cancellation and revocation of this License
1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation for such grant
the sum of FIVE HUNDRED AND NO/DOLLARS ($500.00) 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 terns 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 ninety (90) days 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 cost of cleanup of any oil, hazardous substance,
or other material, the replacement and repair of paving, sidewalks and utilities of any nature
damaged as a result of the construction authorized by the License.
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 OF 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 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 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.
STREET USE LICENSE
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. No interest for real property is conveyed or granted by
this License.
9. The 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.
ATTEST:
keict �Gbar�zaza,i�yCecre
APPROVED AS TO CONTENT:
Dave Booher, Right -of -Way Agent
APPROVED AS TO FORM:
R, an rooke, Assistant City Attorn ey
CITY OF LUBBOCK
DANIEL M. POPE, MAYOR
STREET USE LICENSE
AGREED TO AND ACCEPTED this? _ day of W &l-1,
Wild�7bbock, LLC
By'
Title:
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 in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this JAL. day of
�0,poYP° JENNIFERSOWDERCLEMENTS No ary blic in and for the tate of Tex s
* ► Notary Pubk, Slate of Texas
Notary IN 12497068.3 My Commission Expires:.a
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SWE'r USC LICENSF.
THE STATE OF
COUNTY OF
BEFORE ME, the undersigned authorit a Notary Public in and for said County and State,
on this day personally appeared d.___ I.__ _ ---- known tome to be the person
whose name is subscribed to the foregoing instrument anduacknowledged to me that he/she
executed the same for the purposes and consideration therein expressed and as an act and deed of
said Wildwood of Lubbock, LLC.
IVEN UNDER MY HAND AND
.� P ... AOG�i, Notary Public in an for the State of
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*pftb. Icy Commission Expires; /a � 7
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SEAL OF OFFICE this J! k,d,,. day of
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Ryan Brooke-Licenses/Strect Use Lic-Wild%good of Lubbock, LLC
05.19.17
STREET USE LICENSE
J. [ HUGO REED AND ASSOCIATES, INC.
1601 AVENUE N J LUBBOCK, TEXAS 79401 r 806-763-5642 'FAX 806-763 3891
TEXAS REGISTERED ENG NEERING FIRM F-760
t "HlBff TEXAS LICENSED SURVEYING FIRM 100676-00
LAND SURVEYORS
CIVIL ENGINEERS
METES AND BOUNDS DESCRIPTION of a 0.0041 acre portion of Queens Street as described under County Clerk File No.
2016031974 of the Official Public Records, located in Section 5, Block JS, Lubbock County, Texas, being further described as
follows:
BEGINNING at an "X" cut in concrete in the Northern boundary of Tract "A", Wildwood Addition to the City of Lubbock,
Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded under County Clerk File No.
2016031973 of the Official Public Records and the South right-of-way of said Queens Street for the Southeast comer of this tract,
which bears S. 01'48' l 3" W. a distance of 1340.11 feet and N. 8871 1'47" W. a distance of 846.75 feet from the Northeast comer of
Section 5, Block JS, Lubbock County, Texas, from whence a found 1'2" iron rod bears S. 8811'47" E. 556.75 feet;
THENCE N. 88` 11'47" W-, along the Northern boundary of said Tract "A" and said South right of -way, a distance of 3.00 feet to
an "X" cut in concrete for the Southwest corner of this tract, from whence a 1 ,2" iron rod with cap marked "HRA" found at the
Northwest corner of said Tract "A" and the Southwest corner of said Queens Street bears N. 88 ' 11'47" W. 35.25 feet;
THENCE N. 01'32'54" E. a distance of 60.00 feet to an "X" cut in concrete to the North right-of-way line of said Queens Street for
the Northwest corner of this tract, from whence a 1 :2" iron rod found at the Northwest corner of said Queens Street bears N.
88' 11'47" W. 34.99 feet,
THENCE S. 8811'47" F., along said North right-of-way, a distance of 3.00 feet to an "'X" cut in concrete for the Northeast comer
of this tract;
THENCE S. 01032'54" W. a distance of 60.00 feet to the Point of Beginning.
Contains: 180 square feet.
Bearings are relative to Grid North, Texas Coordinate System of 1983, North Central Zone, 2011 (epoch 2010.0). Distances are
Surface, U.S. Survey Feet.
Surveyed on the ground
May 4, 2017
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E3REN1 r,4fir;I
Brent Carroll
5410 6
Registered Professional Land Surveyor
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.'mow Ems:.
No. 54 10 State of Texas
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SUVA
Location for Street Use License Area for a Private Storm Sewer
Located on Queens Street West of North Quaker Ave.
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As required by SECTION 1. Chaptar Mi. SUBCHAPTER D. GEOSPATIAL DATA PRODUCTS of the Government Code, the City of Lubbock hereby provides
notks flat the dab on Uds map wes croatod by the Ctty of Lubbock. Any data drat appears to represent propsriy, boundaries In for informstiond purposes jai ��� City of
OW my not have been prepared for or be suitable for legal engbaesring, or surveying purposes, k does not repmenl an on4he-ground sway and represents only the approskersts relative loeatiee of property boundaries
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