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HomeMy WebLinkAboutResolution - 1009 - Alley Use License - BDP Inc - Aerial Pipline, Lot 15 Block 1 Perkins Subdivision - 01/14/1982RESOLUTION 1009 - 1/14/82 SMH : j s 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 an Alley Use II License between the City of Lubbock and Bell Dairy Products, Inc., 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 Resolu-:] tion as if fully copied herein.in detail. 1 Passed by the City Council this -1-4.1 day of 1982. BILL-McASISTIER, MAYOR ATTEST: Evelyn Gaffga, City Sec et ry reasurer APPROVED AS TO CONTENT: Don Jepings, qfty Engineer APPROVED AS TO FORM: Susan M. Horton, Asst. City Attorney �} tCLJVLU11Vty 1VV7 ti� g2 ALLEY USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this 14th day of January , 1982, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and BELL DAIRY PRODUCTS, INC., Lubbock County, Texas, 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 alley to construct and maintain an aerial pipeline said portion of alley being described on the drawing and map attached hereto and by reference incorporated herein and being more particularly described as follows: BEGINNING at a point in the North Right -of -Way Line of Lot 15, Block 1, Perkin's Subdivision which is 3 feet East of the Northwest Corner of said Lot 15, Block 1, Perkin's Subdivision; THENCE North 20 feet to a point in the South Right -of -Way Line of Lot 10, Block 1, Perkin's Subdivision; THENCE East 6 feet along said Right -of -Way Line to a point; THENCE South 20 feet to a point in the North Right -of -Way Line of Lot 15, Block 1, Perkin's Subdivision; THENCE West6 feet along said Right -of -Way Line to the POINT OF BEGINNING. 1. The terms of this grant shall not exceed twenty (20) years without renewal by the City Council and this grant is subject to review and alteration each five (5) years 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 P.O. Box 2588, 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 im- provements 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 re- fuses 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 compensation for such grant the sum of FIFTY AND NO/100 ($50.00) DOLLARS annually for the twenty (20) year period to be paid in a lump sum of ONE THOUSAND AND N0/100 ($1,000.00) DOLLARS upon the acceptance and execution hereof by LICENSEE. 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 of any nature occasioned by the construction as authorized by this license. 4. 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 of such relocating or rerouting over and above the expense which would have been incurred except of LICENSEE'S use herein. 5. This license is not transferable by the LICENSEE without first re- ceiving 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 ti 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 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 br 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 per- mitted 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 LICENSEE prior to in- curring 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 liablity and property damage insurance, within limits specified by, and in a form satis- factory 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. 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 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, titlelor rights of possession are intended or im- plied 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 BY B L MCALISTER, MAYOR AT EST: Evelyn Ga fga, City Secreta -Treasurer AGREED TO AND ACCEPTED this day of 1982. LICENSEE: BELL DAIRY PRODUC S, INC. BY BOB H. MURPHY, P IDENT APP .VEDA TO CONTENT 67 �- Don 3 ings, C y Engineer APP VED AS TO FORM /N - tZ6� Susan M. Horton, Asst. 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 considerations therei expressed and in the capacity there stated. GIOEN'UNAER MY HAND AND SEAL OF OFFICE this day of 0_t4 , 1982 Notary Public, Lubbock County, 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 BOB H. MURPHY, known to me to be the person whose name is subscribed to the foregoing instrument and acknow- ledged 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 b4day of Q OxO 1982. Lubbock County. Texas kj 4 7 )R 2579E SOUTHWEST NATIONAL PANK 11 r-'1 ©AIRY PRODUC15,11xi.. I I N! 201 UNIVERSITY AVE. � V � P.O. DRAWER 2588 LUBBOCK. TEXAS 79408 r. VOID IF NOT PRESENTED FOR PAYMENT WITHIN 60 DAYS. **-****ONE THOUSAND DOLLARS AND N01100-** PAY TO THE ORDER OF: CITY OF LUBBOCK i -F. 0i 0 iLCK PAY THIS A%lot %I 'A. 1 /05/82 $ 000 OOO.00xmx_,.__ 1: 10?00 267 0: 40 1625 ILI, V i)f.!:I.y PRODUCTS, INC. 201 UNIVERSITY AVE P 0 DRAWER 2588 LUBBOCK. TEXAS 79408 /0o�9 2579E