Loading...
HomeMy WebLinkAboutResolution - 1275 - Agrrement - Magdi G Soliman Et Al - Utility Easement, Tract S Melonie Park - 12/09/1982JWF/mck DT; CAT TT1T1TAA7 RESOLUTION 1275 - 12/9/82 !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 JOINT USE OF (UTILITY EASEMENT AGREEMENT to be entered into by and between said City and a partnership composed of Magdi George Soliman and wife, Susan Soliman, and Steve !Tjia, M.D., and wife, Catherine Tjia, said partnership acting through the said !Steve Tjia, M.D., as a gernal partner thereof, 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 detail. ,Passed by the City Council this 9th day of December. 3-1982. I _ ALANHENfRY], Mayor Tem I jATTEST: i I, Evelyn Gaf r9a, tity, S c -Treasurer APPS AS TO CONTENT: I j ,To Nivens, Right of Way Agent APPRO D AS TO FORM: J. 7 th Fullingim, Asst. ity Attorney .0 g IgB� RESOLUTION 1275 - 12/9/82 •• �-1r cr-'�.RE1`.ARY•TREASURER JOINT USE OF UTILITY EASEMENT AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § COMES NOW the CITY OF LUBBOCK, a home rule municipality located in Lubbock County, Texas, herein called "City", acting through its Mayor hereunto duly authorized, and a partnership composed of Magdi George Soliman and wife, Susan Soliman and Steve Tjia, M.D., and wife, Catherine Tjia, acting through a general partner thereof, the said Steve Tjia, M.D., herein called "Partnership", and on this 9th day of December 1982, do hereby contract and agree as follows: WHEREAS, City was grantee of a utility easement for public utilities as dedicated by Plat of Tract S, Melonie Park South Addition to the City of Lubbock, Lubbock County, Texas, recorded in the Deed Records of Lubbock County, Texas, reference to which record is hereby made for all pertinent purposes; and, WHEREAS, Partnership has requested the City to agree to a joint use of a portion of said utility easement with Partnership, and City is agreeable to granting such request upon the terms and conditions as hereinafter set forth; NOW THEREFORE: KNOW ALL MEN BY THESE PRESENTS: I. That for and in consideration of the sum of ONE AND N0/100 ($1.00) DOLLARS cash in hand paid to City by Partnership, City hereby grants a permission and license unto Partnership to jointly use a portion of said utility easement with City and publiq utilities entitled to use said easement, said portion of said entire utiliey easement being described as follows: BEGINNING at a point which bears N. 89°58'50" W. a distance of 47.50 feet and S. 00001'10" W. a distance of 20.00 feet from the original Northeast corner of Tract "S", Melonie Park South addition to the City of Lubbock, Lubbock County, Texas; THENCE N. 89°58'50" W. A distance of 56.50 feet; THENCE N. 00°01'10" E. a distance of 6.50 feet; THENCE S. 89°58'50" E. a distance of 56.50 feet; THENCE S. 00°01'10" W. a distance of 6.50 feet to the Point of Beginning. Partnership may construct a fence around such area and use it for a loading area so long as such construction and use does not interfere with the use and enjoyment of said utility easement by the City or public utilities en- titled to use said easement, and the terms of this grant shall be from year to year not to exceed twenty years without renewal by City and the City retains the right, at its election to cancel and revoke this permit and license with or without cause, upon 30 days notice to Partnership. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to Partnership at 3819 22nd Place, Lubbock, Texas, 79410 or to last known address of Partnership. This agreement may be cancelled in the same manner by the City upon any violation of this agreement by Partnership or failure to perform any act or covenant required of Partnership by this agreement. II. Upon termination of this agreement by its terms or by cancellation, Partner- ship agrees to remove all improvements placed on said utility easement at its costs within 90 days after such termination or cancellation, and if such removal is not so accomplished, City at its election, without being obligated to do so, remove such improvements for which Partnership will promptly pay upon presentation to them of a bill for costs of such removal by the City. If removal of all or s.J any part of the improvements constructed or uses done or made by Partnership is requested by City or by the City on behalf of any public utility, same shall be accomplished immediately by Partnership at its expense. Partnership shall pay all expenses in connection with the grant of this permit and license, including, but not limited to, the cost of modifying or relocating the facilities of the City or any public utility now using and having -access to said utility easement occasioned by the construciton as author- ized by this permit and license. IV. 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 con- structed by the City of Lubbock or franchised utility, Partnership agrees to reimburse the City of Lubbock, or such utility, as the case may be, for its expense of such relocating or rerouting over and above the expense which would have been incurred except for Partnership's use herein. V. This license is not transferable by Partnership without first receiving the written consent of the City Manager of the City of Lubbock. VI. This license is made subject to the condition that should Partnership 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,set out property, then and in that event Partnership, 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 Partnership 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 contractor. The City of Lubbock may further require such contractor, 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 the 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 contractor in said agreement with the City of Lubbock. The City of Lubbock agrees to give notice to Partnership prior to incurring any costs or expenses or the payment of any such claims or demands in order to give Partnership a reasonable opportunity to settle or adjust the same. VII. Partnership may be required by City at any time (at City's option) 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. VIII. 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 Partnership, its successors, and assigns, shall be binding upon the City of Lubbock without the consent of the City of Lubbock in each instance except as specified in Section V above. IX. Partnership 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 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 cancel- lation of this license. X. Partnership agrees to comply with all zoning and subdivision regulations and ordinances and all building code regulations and ordinances of the City of Lubbock in connection with the construction and uses authorized by this agreement. XI. City reserves on its own behalf and on behalf of all said public utilities entitled to use and/or using said utility easement the right of ingress, egress, and regress to the utility easement area for the purpose of maintaining, con- structing, reconstructing, operating, and servicing any public facilities or public utiltiy facilities placed or to be placed, located, or constructed in, upon, over, under, along, and across the utility easement area by City or any of said public utilities under the terms of said public utility easement. ATTEST: E ELYN GA GA, Cit tary ROVED AS TO CONTENT: L T IQivens, Right of Way Agent APPROVED AS TO FORM: J. 7th Fullingim, Asst. City AA AALtorney STATE OF TEXAS COUNTY OF LUBBOCK CITY OF LUBBOCK BY: ALMN HENRY -Mayor= ra Tem PARTNERSH BY: W/'A Steve Tjia, M.D Partner therec BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared ALAN HENRY':., -May;or ProTgrrknown to me to be the person whose name is subscribed 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. ! 'n�+. . GIVEN. ER MY HAND AND SEAL OF OFFICE this day of ^ 1982. Nota Public, Lubbock County, Texas --- 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 Steve Tjia, M.D., General Partner of Partnership as aforesaid, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of Partnerhsip for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ .Z-� day of &A? 198►$ Notary Publi , Lub ock C�Kanty, Te s