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HomeMy WebLinkAboutResolution - 770 - Lease Agreement - TTU - Improvements, Unviersity Ave - 04/09/1981JCR:cl RESOLUTION RESOLUTION #770 - 4/9/81 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 Lease Agreement between the City of Lubbock and Texas .Tech University for improvements to University Avenue in the City of Lubbock, Texas, 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 April ,1981. BILL McALISTER, MAYOR AT EST: s_e__ Evelynn Gaffga, City Sec`reary-Treasurer APPROVED AS TO CONTENT: IUDs Jim er ram, Director of Planning APPROVED AS TO FORM: J n C. Ross, Jr., City Attorney EICSOR THE STATE OF TEXAS § R INOEXE-.0 UNTY OF LUBBOCK § �OM4 RESOLUTION #770 - 4/9/81 CITY SEORETARY-TREASURER 271(;50 KNOW ALL MEN BY THESE PRESENTS: THIS LEASE AGREEMENT made this 9th day of April , 19 81 by and between the City of Lubbock (hereinafter referred to as City), and Texas Tech University, an institution of higher education of the State of Texas, acting herein by and through its duly authorized Chairman of its Board of Regents (hereinafter referred to as University). WITNESSETH: WHEREAS University Avenue in the City of Lubbock, Texas, abuts the campus of the University and provides for ingress and egress to said campus as well as movement of traffic around the University, and; WHEREAS traffic volume has risen steadily over the past few years due to the growth of the City and the growth of the University, and; WHEREAS there exists a dire need to improve University Avenue so that said street will be able to accommodate increase in traffic volume and to provide safer ingress and egress to the University, and; WHEREAS the City and the University agree that it is to their mutual benefit that such improvements be made; NOW THEREFORE for and in consideration of the mutual covenants herein contained and other valuable consideration, the University authorizes the City to exercise the rights, powers, and privileges hereinafter set forth and does by these presents lease to the City the premises hereinafter described and being: All as set forth on Exhibit A, which Exhibit A is attached hereto and made a part hereof as if fully set out forth herein. The provisions of this lease shall be binding on the successors in interest of both parties hereto. SECTION 1. TERM: The term of this lease shall be from the date above first written to the 27th day of March, 2030. SECTION 2. OPTION TO RENEW For and in considerat4pn of the sum of'.'Ten Dollars and other valuable consideration, paid by City to University, the receipt of which is hereby E VOL it 6O PAGr ' I VOL 1760 PAGE 438 acknowledged, the University does hereby grant to City the option to renew this lease for an additional term of 50 years, the terms of which shall be as set forth in the original lease between the parties. The City shall give written notice of its intent to exercise its option to the University at least 6 months prior to the expiration of the term of the original lease. SECTION 3. CONTROL AND JURISDICTION The University under authority of Sec. 109-48 of the Education Code of the State of Texas does hereby surrender all control and jurisdiction and grants exclusive management and control over the property described on Exhibit A and all that property known locally as University Avenue between 4th and 19th Streets in the City of Lubbock, Lubbock County, Texas, to the City for all public purposes for the term of this lease. The City hereby accepts such grant and hereby agrees to hold harmless the University from any liability arising from City's exercise of any public purpose as authorized by the governing body of the City on or upon such property. SECTION 4. IMPROVEMENTS Upon execution of this document or as soon thereafter as is reasonable City will undertake the following activities: (1) Cause the street known as University Avenue in the City of Lubbock between 4th and 19th Streets to be reconstructed in accordance with construction plans and specifications approved by City. (2) Provide for center left turn lanes and right turn lanes on University Avenue between 4th and 19th Streets in the City of Lubbock. (3) Upgrade and modernize street lighting to provide for enhanced visibility for both pedestrians and vehicular traffic on University Avenue between 4th and 19th Streets in the City of Lubbock. (4) Provide for a center median which will act to channel traffic, assist pedestrian safety and provide for beautification of the area. (5) Modernize and upgrade traffic control devices as well as pe- destrian control devices on University Avenue between 4th and 19th Streets in the City of Lubbock. (6) Widen University Avenue to accommodate increased traffic travel- ing in and around the University campus. (7) Make provisions for storm water drainage on University Avenue between 4th and 19th Streets in the City of Lubbock. (8) Provide for handicapped pedestrian crossings at University Avenue between 4th and 19th Streets in the City of Lubbock. (9) Revise parking on University Avenue between 4th and 19th Streets in the City so that traffic congestion will be lessened. University agrees that the above undertakings are in the best interest of the University and will provide safer ingress and egress for traffic onto and off of the University campus as well as increasing pedestrian safety for those traveling to and from the University campus. SECTION 5. MAINTENANCE City agrees that it will maintain at its expense all of University Avenue in the City of Lubbock, County of Lubbock, located between 4th and 19th Streets. SECTION 6. STREET USE University does hereby agree that the City shall have the right to use the property hereinabove described for any customary street use. SECTION 7. PARAMOUNT PUBLIC USE The City and University do hereby further agree that the use by the City of all that property known as University Avenue in the City of Lubbock between 4th Street and 19th Street is the paramount public use of said property. EXECUTED the day and year first above written. 'ATTEST:` Seal Evelyn Ga fga, City Seceetaik- Treasurer SW ATTEST: ecretary CITY OF LUBBOCK ,� t t BY : —j7- '� / BILL MCALISTER, MAYOR APPROVED AS TO FORM: "3� e— '"-� .1 40 - n C. Ross, Jr., City Attorney TEXAS TECH UNIVERSITY BY: irman, Board of R90ts Texas Tech Universi APPROVED: A L j. - General Coun el voLl 760 PAGE 430 • amt, a • , •y A THE STATE OF TEXAS COUNTY OF LUBBOCK § ! VOL 1760 wE 440 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, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this_30$ '—day of , 1991 Seal THE STATE OF TEXAS § COUNTY OF LUBBOCK § Notary Publ c, L ock County, Texas My commission expires r %a�;ZAL:s CQ�y,missiOfy EKPIRFS8OCK►COto — y:,:1a5 . 8 BEFORE ME, the undersigned authority, a Notary Public in afor said County, Texas, on this day personally appeared 4. Fye d tocov Chairman of the Board of Regents, Texas Tech University, 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 Board of Regents, Texas Tech University, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL . OF OFFICE this *3vt 19day of rn p y C ��. WSeatotary Public, Lubbock County, Texas �, _ My commission expiresoi 4n , HUGO REED AND ASSOCIATES, INC. A LAND SURVEYORS -CIVIL ENGINEERS W Tommie E. Anderson, H.P.S., President 1706 - 14th St. J. Stan Piper, R.P.S. (EXHIBIT A) Lubbock, Texas 79401 Bernard J. Gradel, Jr., R.P.E., R.P.S. 806 / 763-5642 David Goyette, Mgr. Robert L. Smith, Party Chief FIELD NOTES for a 11.742 acre tract of land located in Section 1, Block E-2, Lubbock County, Texas, described by metes and bounds as follows: BEGINNING at a railroad spur spike found for the Northeast corner of Section 1, -Block E-2, Lubbock County, Texas; THENCE S. 89059'21" W., along the North line of said Section 1, Block E-2, a distance of 114.70 feet to a point; THENCE S. 00001' E. a distance of 54.22 feet to a point; THENCE Southeasterly around a curve to the right, said curve having a radius of 24.50 feet, a central angle of 91031'47", a chord distance of 35.11 feet; THENCE S. 01030'47" W. a distance of 404.73 feet; THENCE S. 04026125" W. a distance of 150.48 feet; THENCE S. 00011'03" E. a distance of 125.02 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 90004'41", a chord distance of 34.67 feet; THENCE S. 00006'22" E a distance of 49.00 feet; THENCE N. 89053'38" E. a distance of 12.03 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 89057'48", a chord distance of 34.64 feet; THENCE S. 00008134" E. a distance of 230.01 feet; THENCE S. 03030'08" E. a distance of 200.35 feet; THENCE S. 00007148" E. a distance of 921.50 feet; r h Page 1 of 3 .�.' A n m i� Subdivisions -Topographic Surveys- l.ot Surveys - Planning- Oil Well Locations - improvement Surveys- Farms and Ranches Drainage Studies - Paving - Utilities - Roads - Water & Sewer Systems - Streets - Airports - Dams - Total Surveying & Civil Engineering Services E VOL 1'760 PAGE 442 THENCE S. 03°10'17" W. a distance of 200.30 feet; THENCE S. 00006105" E. a distance of 187.03 feet; THENCE S. 06038'21" W. a distance of 100.72 feet; THENCE S. 00°03'57" E. a distance of 107.01 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 89°44'22", a chord distance of 34.57 feet; THENCE S. 00°19'35" E. a distance of 60.90 feet, THENCE N. 89040125" E. a distance of 11.37 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°11'36", a chord distance of 34.71 feet; THFNCE S. 00°07'59" E. a distance of 586.96 feet; THENCE S. 03°57'37" W. a distance of 150.40 feet; THFNCE S. 00008153" E. a distance of 175.02 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 90002'43", a chord distance of 34.66 feet; THENCE S. 00°06'10" E. a distance of 35.00 feet; THENCE N. 89°53'50" E. a distance of 10.80 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°02'56", a chord distance of 34.66 feet; THENCE S. 00009'03" E. a distance of 370.58 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 89056'56", a chord distance of 34.63 feet; THENCE S. 00012'07" E. a distance of 29.00 feet to a point on a curve; Paae 2 of 3 r�HENCE Southeasterly around a curve to the right, said curve having a radius of 24.50 feet, a central angle of 9003'04", a chord distance of 34.66 feet; THENCE S. 00009'03" E. a distance of 20.00 feet; THENCE S. 01016'02" W. a distance of 250.07 feet; THENCE S. 01024'50" E. a distance of 240.01 feet; THENCE S. 09046'15" W. a distance of 111.76 feet; THENCE S. 00005'17" E. a distance of 302.93 feet to a point in the South line of Section 1, Block E-2; THENCE N. 89059120" E., along the South line of said Section 1, a distance of 108.94 feet to a railroad spike found for the Southeast corner of said Section 1, Block E-2; THENCE N. 00000'29" E., along the East line of said Section 1, Block E-2, a distance of. 4493.25 feet to a point where the said' Section line crosses the West boundary line of Overton Addition to the City of Lubbock, Lubbock County, Texas; THENCE N. 00009'12" W., along the West boundary line of Lot 13 and Lot 12, Block 132, Overton Addition and Lot 13 and Lot 12, Block 133, Overton Addition, a distance of 742.17 feet to the Northwest corner of said Lot 12, Block 133, Overton Addition; THENCE N. 86024'47" E. a distance of 2.10 feet to a point which is in the East line of Section 1, Block E-2; THENCE N. 00000'29" E. a distance of 44.58 feet to the Place of Beginning. OF. TF�4 ' ••.s k *: _ 4 < • • TQ�tSSIE E. KNOERSON • >; .o • 1676 .oQ-� ,t!i.• pfC,SIV,9, � FILED CaftClerk Eubt=k Caunte Texas Certified correct. Marcjq 25, 1981 Registered Public Surveyor Lubbock, Texas Page 3 of 3 ATE OF TEXAS COUNTY OF LUBBOCK Hamby m* Nm phis kuhumaro ww: mp UC and at bw a "mWd k9d by 0 and V§ dh D_4 RECORDED In Nn Valuma and hpa at IM Qr WAod CC-Yi;m" as Maayad WNW* ►► N1 OCT Y9 1981 8dB`t Iy ! GOt1WiY CtEME; � OOWfYa1(B! VOL1760 eacF 443 tk .