HomeMy WebLinkAboutResolution - 1249 - Street Use License - Tara Land - Sprinkler System, Whisperwood Circle - 11/11/1982RESOLUTION 1249 - 11/11/82
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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 between the City of Lubbock and the Tara Land Company for a portion of
street known as Whisperwood Circle, attached herewith which shall be spread upo
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 detai
Passed by the City Council this 11th day of November 1982.
41
BILL McALISTER, MAYOR
ATTEST:
I
Evelyn Ga ga, Cit ary-Treasurer
APPROVED AS TO CONTENT:
Don Je Ings, ity Engineer
APPROVED AS TO FORM:
J. T!th Fullingim, Assistayt City Attorney
THE STATE OF TEXAS
COUNTY OF LUBBOCK
RESOLUTION 1249 - 11/11/82
STREET USE LICENSE
7TV SFCF?Ftrl�?Y- I7 I .;hc:
This indenture made this 1 1 th day of November , 19 82, being
the date of this Agreement, between the CITY OF LUBBOCK, TEXAS, a
Home Rule Municipal Corporation, and TARA LAND COMPANY, A Corpo-
ration of Lubbock County, Texas, hereinafter called "LICENSEE."
WITNESSETH:
1. 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 known as
Whisperwood Circle in the area described by metes and bounds on
attached Exhibit A and as further shown by plat map attached, for
the construction, maintenance and use of an underground water
sprinkler system.
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 sixty (60) days 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 308
York, Lubbock, Texas 79416 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 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 enter 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.
2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensa-
tion for such grant the sum of ONE THOUSAND ONE HUNDRED FORTY-NINE
AND N0/100 DOLLARS ($1,149.00) 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 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 chaped 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 be not timely made then the rate for the preceding
five (5) year term shall apply.
3. 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
• l 1
of any nature occasioned by the construction as authorized by this
license.
4. In the event the CITY OF LUBBOCK determines that the exis-
tence of such use interferes with or causes the rerouting or re-
alignment 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 of such relocating or rerouting over and above the expense
which would have been incurred except for LICENSEE'S use herein.
5. This license is not transferable by the LICENSEE without
first receiving the written consent of the City Manager of the CITY
OF LUBBOCK.
6. 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 set out property,
then and in that event said LICENSEE, his heirs.and assigns, will
at all times defend, indemnify and otherwise hold the CITY OF LUB-
BOCK, 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 main-
tenance and use permitted herein. The CITY OF LUBBOCK, at its option,
may require an agreement with any contractors hired by LICE14SEE to
perform the construction, repair of 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 contractor. The CITY OF LUB-
BOCK may further require such contractor, when engaged in the con-
struction, 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 agree-
ment 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.
7. 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 in-
sured, said policy covering the uses herein granted.
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 con-
tractors',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
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 Paragraph Five (5).
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 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 LUB
- r
BY:
BILL MdALrSTER, t YOR
ATTEST :. - -
Evelyn Gatfga, City e etary-Treas.
AGREED TO AND ACCEPTED this C-�5, day of �p�t�Q�v�Q_ 1982.
LICENSEE: TARA LAND COMPANY
BY:
BOHNS N
MARK G DIRECTOR
APPROVED AS TO CONTENT:
zzll
City Engineer
on rnn3.nV,
APPROVED AS
TO FORM:
OPV�����X/�'`
J. rth Fullil-n—gim,
Asstj City Attorney
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 BILL McALISTER,
Mayor, 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 the CITY OF LUBBOCK and as Mayor, for
the purposes and consideration therein expressed and in the capacity
therein stated. 4
GIVEIN . DER MY HAND AND SEAL OF OFFICE this day of
G 1982.
T
r
ota Public', in and for
Lubbock County, 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 BOB R.
JOHNSON, Marketing Director of said Tara Land Company, a corporation,
known to me to be the person whose name is subscribed to the fore-
going 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 said corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this a day of
0 iQ.ny�Q l' 982.
Rotary Public, in and for
Lubbock County, Texas
My Commission Expires:
HUGO REED AND ASSOCIATES, INC.
` LAND SURVEYORS - CIVIL ENGINEERS
Tommie E. Anderson, R.P.S., President 1706 - 14th St.
Lubbock, Texas 79401
Bernard J. Gradel, Jr., P.E., R.P.S. 806/763-5642
David Goyette, Mgr.
Robert. L. Smith, R.P.S.
-
419 West 4th St., Suite 812
Charles M. Rothwell, P.E.
Odessa, Texas 79761
915/333.2635
BEGINNING at a point which bears North, a distance of 994.05
feet and East a distance of 2004.28 feet from the Southwest corner
of Section g2, Block A, Lubbock County, Texas, said point also
bears S. 37 30' E. a distance of 77.58 feet from the most Westerly
corner of proposed Lot 140-A, Whisperwood;
THENCE Northeasterly around a curve to the le8t, said curve having
a radius of 15.00 feet, a central angle of 90 ,tangent lengths
of 15.00 feet, and a chord distance of 21.21 feet;
THENCE'.N. 52030' E. a distance of 100.00 feet to point of curvature;
THENCE Northwesterly around a curve to the left, said curve having
a radius of 15.00 feet, a central angle of 900, tangent lengths of
15.00 feet, and a chord distance of 21.21 feet;
THENCE N. 37030' W. a distance of 77.58 feet;
THENCE around a curve to the right, said curve having a radius
of 50.01 feet, a central angle of 201053'18", and a chord distance
of 98.18 feet;
THENCE N. 52030' E. a distance of 193.16 feet;
THENCE Northeasterly around a curve to the right, said curve having
a radius of 50.00 feet, a central angle of 19 22'06", tangent
lengths of 8.53 feet, and a chord distance of 16.82 feet;
THENCE S. 79048'56" E. a distance of 59.75 feet;
THENCE S. 10011'04" W. a distance of 10.00 feet;
THENCE N. 79048'56" W. a distance of 50.19 feet;
THENCE Southwesterly around a curve to the lefdt, said curve having
a radius of 40.50 feet, a central angle of 13 24'38", tangent lengths
of 4.76 feet, and a chord distance of 9.46 feet;
THENCE S. 52030' W. a distance of 203.96 feet;
Page 1 of 3
Subdivisions - Topographic Surveys - Lot Surveys - Planning - 00 Well Locations - Improvement Surveys - Farms and Ranches
Drainage - Streets - Utilities - Water & Sewer Svstems - Total Survevina R rivii F.nvinrrrino C►rviro-e
THENCE Northwesterly around a curve to the left, said curve having
a radius of 40.50 feet, a central angle of 29044'50", tangent lengths
of 10.76 feet, and a chord distance of 20.79 feet;
THENCE S. 11°31'04" E. a distance of 50.19 feet;
THENCE S. 78028'56" W. a distance of 10.00 feet;
THENCE N. 11°31'04" W. a distance of 50.19 feet;
THENCE around•a curve to the left, said curve having a radius of
40.50 feet, a central angle of 171°43'38", tangent lengths of
560.02 feet, and a chord distance of 80,79 feet;
THENCE S. 37°30' E. a distance of 82.97 feet to a point of curvature;
THENCE Southwesterly around a curve to the right, said curve having
a radius of 24.50 feet, a central angle of 90 , tangent lengths of
24.50 feet, and a chord distance of 34.65 feet;
THENCE S. 52°30' W. a distance of 45.00 feet;
THENCE S. 37030' E. a distance of 57.00 feet; -
THENCE N. 52°30' E. a distance of 45.00 feet to a point of curvature;
THENCE Southeasterly around a curve to the right, said curve having
a radius of 24.50 feet, a central angle of 90 , tangent lengths of
24.50 feet, and a chord distance of 34.65 feet;
THENCE S. 37°30' E. a distance of 68.76 feet;
THENCE around a curve to the left, said curve having a radius of
40.50 feet, a central angle of 187°31'58", and a chord distance
of 80.83 feet;
THENCE N. 79°18'24" W. a distance of 50.19 feet;
THENCE N. 10041'36" E. a distance of 10.00 feet;
THENCE S. 79°18'24." E. a distance of 50.19 feet;
THENCE.Northweste.rly around a curve to the left, said curve having,
a radius of 40.50 feet, a central angle of 36025123", tangent lengths
of 13.32 feet, and a chord distance of 25.32 feet;
THENCE N. 300 E. a distance of 229.13 feet;
THENCE'N. 08°40'17" E. a distance of 48.00 feet;
THENCE S. 81°19'43" E. a distance of 10.00 feet;
Page 2 of 3
THENCES. r08°40' 17" W. a distance of 48.51 feet;
THENCE S. 300 W. a distance of -226.90 feet;
THENCE around a curve to the right, said curve having a radius of
50.00 feet, a central angle of 224 23'18", and a chord distance of
92.59 feet;
THENCE N. 37030' W. a distance of 63.36 feet to a point of curvature;
THENCE Southwesterly around a curve to the left, said curve having
a radius of 15.00 feet, a central angle of 90 , tangent lengths of
15.00 feet, and a chord distance of 21.21 feet;
THENCE S. 52030' W. a distance of 97.42 feet to a point of curvature;
THENCE Southeasterly around a curve to the left, said curve having
a radius of 15.00 feet, a central angle of 95034157", tangent lengths
of 16.54 feet, and a chord distance of 22.20 feet;
THENCE Northwesterly around a curve to the right, said curve having
a radius of 559.83 feet, a central angle of 2 39'52", tangent lengths
of 13.02 feet, and a chord distance of 26.03 feet;
THENCE N. 52030' E. a distance of 59.28 feet;
THENCE N. 37030' W. a distance of 57.00 feet;
THENCE S. 52030' W. a distance of 60.00 feet;
THENCE N. 37030' W. a distance of 24.50 feet to the Point of
Beginning.
CONTAINS: 14,325.67 square feet
Certified correct.
October 13, 1982
Registered Public Surveyor
Lubbock, Texas
E OF
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Page 3 of 3
MAP Ili FILE
SEE
RESOLUTION