HomeMy WebLinkAboutResolution - 2473 - Utility Agreement - LQM Operating Partners - Encroachments, La Quinta Inn - 11/20/1986DGV: dw
RESOLUTION
Resolution #2473
November 20, 1986
Agenda Item #11
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
utility agreement between the City of Lubbock and LQM Operating Partners,
LP, regarding paving, parking, landscaping and other encroachments at La
Quinta Inn in the City of Lubbock, Lubbock County, Texas, the agreement
is attached hereto, and 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 detail.
Passed by the City Council this 20th day of November , 1986.
X1 a - & -522?-e4's
B. C. McMINN, MAYOR
ATTEST:
Ranett'e'Boyd, City
'dejj ��ritl-Lt./
J Graham, Senior Electrical
gineer
APPROVED AS TO FORM:
VA
Donald G. Vandiver, First
Assistant City Attorney
120
Qu lnto
0�
MOTOR INNS, INC.
January 14, 1987
Ms. Ranette Boyd
City Secretary
City of Lubbock
P.O. Box 2000
1625 13th Street
Lubbock, Texas 79457
Re: La Quinta Motor Inn #521
Lubbock, Texas
Encroachment Agreement
Dear Ms. Boyd:
1905Q
As promised, I have enclosed for your files a copy of the recorded
Agreement by and between the City of Lubbock and LQM Operating
Partners, L.P.
Thank you for your assistance in this matter. Should you have any
questions, feel free to contact me at (512) 366-6119.
Sincerely,
LA Q INTA MOTOR INNS, I
F
Lee G
Corporate Attorney
LMG/jad
Enclosure
Office of the General Counsel
La Quinta Plaza • P. O. Box 32064 • San Antonio, Texas 78216 9 512-366-6000
��. Resolution #2473
ID#1024Q
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
AGREEMENT
This Agreement is made and entered this day of
November, 1986 by and between the CITY OF LUBBOCK, TEXAS (herein
called "City") and LQM OPERATING PARTNERS, L.P., a Delaware limited
partnership (herein called "LQM").
WHEREAS, on the 20th day of August, 1973, LQM's predecessor in
interest, La Quinta Motor Inns, Inc., granted to City a Ten (10) Feet
Wide Underground Power Line and Transformer Pad Easement (herein
called "Easement") recorded in Volume 1358, Page 647 Deed Records of
Lubbock County, Texas, which Easement is incorporated into and made a
part hereof as if fully copied herein in detail in this place; and
WHEREAS, LQM has encroached upon said Easement with portions of
two buildings and the City has placed a transformer pad partially upon
property owned by LQM, all as depicted on the survey dated August 8,
1986, prepared by John N. Wilson attached hereto and incorporated
herein by reference as Exhibit "A", and
WHEREAS, LQM also desires to use the Easement for paving, parking
and landscaping; and
WHEREAS, the City is willing to consent to such use and
encroachments by LQM and LQM is willing to consent to such use by City
under the terms and conditions hereinafter set forth.
NOW THEREFORE, for valuable consideration, the receipt and
sufficiency of which is hereby acknowledged by parties, City hereby
grants to LQM the right to pave, park vehicles and landscape over and
above the Easement and to encroach over that portion of the Easement
with its two buildings, all as depicted on Exhibit "A".
LQM hereby grants to City the right to encroach upon its property
with a transformer pad as depicted upon Exhibit "A" and LQM hereby
agrees to provide, at its sole cost and expense, an Easement for the
placement of utilities, including all expenses of relocation, in a
location acceptable to the City, should City need to repair or replace
the utilities within the portions of the Easement encroached upon by
LQM's two buildings. In the event that repairs requiring excavation
become necessary in those portions of the Easement not encroached upon
by LQM with its two buildings, LQM shall be responsible for restoring
at its own expense any damage to paving, landscaping or other
improvements placed on the Easement by LQM as a result of such
excavations.
This Agreement shall be binding upon, and inure to the benefit of,
the parties hereto, their successors and assigns.
LQM OPERATING PARTNERS, L.P.
a Delaware limited partnership
By: LA QUINT, EALTY CORP.,
a Texas o po ati n,
General rt r
ByLA
i i J
Vice Pre ident and
Secr, tary
-2-
THE CITY OF LUBBOCK
c
By: ef ®� r A?..,
$. C.—�icII�INN, MAYOR
T:
Rane Boyd, City Sec- ry
APPROVED AS TO CONTENT:
e Graham, Senior Electrical
ngineer
APPROVED AS TO FORM:
o
y t.
Doria-id G Lver, First
Assistant City Attorney
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on this the 20th day
-_
Of _ NnvPmht-F yi. , 1986, by B. C. MCMINN, MAYOR, of the City of
Lubbock, on its behalf.
f
Notary Public, State f Texas
01i'via- 50
My Commission Expires
STATE OF TEXAS §
COUNTY OF BEXAR §
This instrument was acknowledged before me on this the /0 day
of November, 1986, by ALAN L. TALLIS, VICE PRESIDENT -SECRETARY of
La Quinta Realty Corp., a Texas corporation, General Partner of LQM
Operating Partners, L.P., a Delaware limited partnership, on behalf of
said limited partnership.
PLEASE RETURN TO:
Mr. Lee M. Golden
La Quinta Motor Inns, Inc.
10010 San Pedro
San Antonio, Texas 78216
Q
Notary Public, State of Texas
My Commission Expires
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SATE OF TEXA,r
COUNTY
OF
i hereby "y fh,,s
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4 7 ,,
Regio; d: of �P� Of th�
ovl
Te, rty
Gy
Nov 21 1986
Co)NTy CLERK
LUBBOCK COUNTY, TEXAS
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