HomeMy WebLinkAboutResolution - 2357 - Street Use License - Texas Commerce Bank - Ave K, L, & 14Th St - 06/26/1986Resolution #2357
June 26, 1986
Agenda Item #30
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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 Texas Commerce Bank, N.A., 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 fully copied herein in detail.
Passed by the City Council this 26th day of June , 1986.
e
B. C. Mc INN, MAYOR
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
_,_---:-7
k�
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
9�ct� lef �'
Harold Willard, Assistant City
Attorney
Resolution #2357
STREET USE LICENSE
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This indenture made this 26th day of June
1986, being the date of this Agreement between the CITY OF
LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and TEXAS
COMMERCE BANK, N.A., 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 dedicated street for
underground, surface and overhead improvements, to -wit:
An underground, surface and overhead improvement easement
located in public right-of-way in the vicinity of Blocks
147, 163 and 164, Original Town of Lubbock, Lubbock County,
Texas, being further described as follows:
BEGINNING at the Northwest corner of Lot 1, Block 163,
Original Town of Lubbock, Lubbock County, Texas;
THENCE South, along the East right-of-way line of Avenue
"L", a distance of 130.00 feet to the Southwest corner of
Lot 5, Block 163;
THENCE West a distance of 8.00 feet;
THENCE North a distance of 141.00 feet;
THENCE East a distance of 166.26 feet;
THENCE N. 450 E. a distance of 4.24 feet;
THENCE North a distance of 53.00 feet;
THENCE West a distance of 24.26 feet;
THENCE North a distance of 86.00 feet;
THENCE East a distance of 8.00 feet to the Northwest corner
of Lot 13, Block 147;
THENCE South a distance of 78.00 feet to the Southwest
corner of Lot 11, Block 147;
THENCE East, along the North right-of-way line of 14th
Street, a distance of 125.00 feet to the Southeast corner of
Lot 11, Block 147;
THENCE North, along the West right-of-way line of Avenue
"K", a distance of 260.00 feet to the Northeast corner of
Lot 20, Block 147;
THENCE West, along the South right-of-way line of 13th
Street, a distance of 125.00 feet to the Northwest corner of
Lot 20, Block 147;
THENCE North a distance of 3.00 feet;
THENCE East a distance of 133.00 feet;
THENCE South a distance of 263.00 feet;
THENCE S. 450 W. a distance of 11.31 feet;
THENCE West a distance of 88.74 feet;
THENCE South a distance of 53.00 feet;
THENCE S. 450 E. a distance of 4.24 feet;
THENCE East a distance of 85.74 feet;
THENCE S. 87042134" E. a distance of 75.06 feet to a point
which lies a distance of 8.00 feet North of the Northwest
corner of Lot 1, Block 164;
THENCE South, at 8.00 feet pass the Northwest corner of Lot
1, Block 164, and continuing along the East right-of-way
line of Avenue "K" for a total distance of 86.00 feet to the
Southwest corner of Lot 3, Block 164;
THENCE West a distance of 8.00 feet;
THENCE North a distance of 75.31 feet;
THENCE N. 87042134" W. a distance of 59.05 feet to a point
which lies a distance of 8.00 feet East and a distance of
0.31 feet South of the Northeast corner of Lot 20, Block
163;
THENCE South a distance of 129.69 feet;
THENCE West a distance of 8.00 feet to the Southeast corner
Lot 16, Block 163;
THENCE North, along the West right-of-way line of Avenue
"K", a distance of 130.00 feet to the Northeast corner of
Lot 20, Block 163;
THENCE West, along the South right-of-way line of 14th
Street, a distance of 125.00 feet to the Northwest corner of
Lot 20, Block 163;
THENCE South, along the East right-of-way line of a 20 -foot -
wide alley, a distance of 130.00 feet to the Southwest
corner of Lot 16, Block 163;
THENCE West a distance of 20.00 feet to the Southeast corner
of Lot 5, Block 163;
THENCE North, along the West right-of-way line of said
20 -foot -wide alley, a distance of 130.00 feet to the
Northeast corner of Lot 1, Block 163;
THENCE West, along the South right-of-way line of 14th
Street, a distance of 125.00 feet to the POINT OF BEGIN-
NING.
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 P.O. Box 841,
Lubbock, Texas 79408, or the last known address of LICENSEE.
Upon 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 property shall
be restored to its original condition at no cost or expense to
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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.
1. LICENSEE shall pay to the CITY OF LUBBOCK as compen-
sation for such grant the sum of EIGHTEEN THOUSAND FIVE HUNDRED
THIRTY-FIVE AND NO/100 ($18,535.00) 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 this 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 con-
struction as herein contemplated across any or all of the above
described property, then and in that event said LICENSEE, his
heirs 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 perfor-
mance 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 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
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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. Prior to any construction as authorized by this
license, the LICENSEE shall submit to the City Engineer plans and
specifications for the construction to be done, and the LICENSEE
shall not commence construction until such plans and specifica-
tions are approved by the City Engineer.
8. 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).
9. 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 he is permitted to use hereby and agrees to give
peaceful possession of said property covered herein upon termi-
nation or cancellation of this license.
CITY OF LUBBOCK
BY: , e_
C. McMIN , MAYOR
ATTEST:
Ranette Boyd, City Secretary
AGREED TO AND ACCEPTED this day of� 1986.
LICENSEE: TEXAS COMMERCE BANK,
N. A.
'—" SCH LZ, VIC -
PRESIDENT AND CASHIE
APPROVED AS TO CONTENT: �/
Tom Nivens,Right-of-Way Agent
APPROVED AS TO FORM:
Harold Willard, Assistan` t City
Attorney
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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 express-
ed and in the capacity therein stated.
IVEN UN ER MY HAND AND SEAL OF OFFICE thiself
day of
1986.
Notary Public, L bb-ock Count ,
Texas
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 EDWIN L.
SCHULZ, VICE-PRESIDENT AND CASHIER OF TEXAS COMMERCE BANK OF
LUBBOCK, TEXAS, 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 TEXAS COMMERCE BANK, N.A.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this4th day of
September , 1986.
Notary Public, LubbctE,-k__County,
T e x a s Christine Baird'.
Ccnrdssion Expires "r ---2a-88
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LANO SURVEYORS K
CIVILENGINEERS
aa;
Mr Tom Nivens p
,
Right -of -Way Department��
City of Lubbock
P 0 Box 2000
lubbock, TX 79457
Dear Tom:h�
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.,
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�" As youknowfrom our conversation last week, we accidently discovered`that'the
,..
ktivarious street use licenses that cover the existing facilities of the Texas
Commerce Bank'Building and arkin arae located at 14th Street and Avenue
"'K" have expired`somegyearspago
gTherefore, attached zS a legal description
and plat depicting an
underground, surface and aerial easement'to eover'those
facilities. We request that you'place this item on the City Council -agenda
as soon as possible in order to resolve this problem
�
�J� Thank you for your attention and cooperation concerning this'manrier and
may be of any further
assistance, please contact me. af"
. '. *� -
Ko
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. �.
TIITY -�G= 1431BBOCK
'METIa
TO: Taom :Nivens
-Right—of—Way - Agent
-FROM: 4Renette Boyd
.:�CATr:=T,aust
22,..-1-986
Our permanent fi 7 -es are -missing the -fol lowi-ng xlocuments from your
oTfi ce--
Resolution .42357 and Street w;tl; T. Zo;;;'',ler.'.�. Bank—
June 26, 1986
Street :Use Ltcense with Texland-Petroleum -(-crude of 1 pi:pel i ne)
June' -26, -1986
Street Use License with Texland -Petroleum (sale water) June 26.,
1986
Ranette -Boyd
City Secretary
RB/1 jb
fncl:osures