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HomeMy WebLinkAboutR87-309RESOLUTION NO. R87-309 134- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS AUTHORIZING THE MAYOR TO EXECUTE A STREET USE AGREEMENT WITH THE HAPPY UNION BAPTIST CHURCH INVOLVING PROPERTIES AT 209 BULLOCK AND 219 EAST GIVENS. WHEREAS, the Happy Union Baptist Church owns properties at 209 Bullock, better described as Lot 25, Block 1, of the Carver Heights Addition and at 219 East Givens, better described as Lots 22 and 23, Block 1, Carver Heights Addition; and WHEREAS, a house, to be utilized as a parsonage, has recently been constructed on the properties at 209 Bullock, and a Church is on the properties at 219 East Givens; and WHEREAS, Happy Union Baptist Church wishes to utilize the same water meter for the Church and the house; and WHEREAS, a personal service line must cross an alley owned by the City of Plainview, in order for the Church to utilize the same water meter; and WHEREAS, City Ordinance requires that a street use permit be granted by the City Council prior to the utilization of City right-of-way for personal use; and W~RREAS, a proposed street use permit agreement is hereby attached and made a permanent part of this Resolution, which would allow for City right-of-way to be utilized to install a personal water line. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Plainview, Texas that the Mayor is hereby authorized to execute the attached street use permit agreement between the City and the Happy Union Baptist Church. I Carla J. Reese, City Secretary for the City of Plainview, hereby certify that the above Resolution was adopted by the Plainview City Council on December 8, 1987. CARLA J.~REESE, City Secretary STATE OF TEXAS COUNTY OF HALE STREET USE PERMIT AGREEMENT This Street Use Permit Agreement entered into this the 8th day of December , 1987, by and between the City of Plainview, Texas, hereinafter called "City", and Happy Union Baptist Church, hereinafter called "CHURCH"; -W-MRREAS, CHURCH is the owner of the following described property located in Plainview, Hale County, Texas: Lots 22, 23 and 25, Block 1, Carver ~eights Addition W/TEREAS, a public alley and public right-of-way located within the city limits of the City of Plainview abut %he above described properties; and CHURCH desires to install a water line between the above described properties; and WHEREAS, the renovations will cause approximately six inches (6") of city right-of-way to be encumbered in crossing the alley separating the properties for a distance of twenty feet (20'); and WHEREAS, ResOlution No. R87-309 has been passed and approved by the City Council of the City of Plainview, Texas approving an agreement to be entered between City and CHURCH; and The parties hereby enter into the following agreement: For and in the consideration of the mutual covenants recited herein, City does hereby grant to CHURCH the permit, right and authority to install a water line between said properties in accordance with City Ordinances and policies on the above described property to the extent heretofore described. II. Said permit shall be for an indefinite period. III. Said renovations shall be installed by CHURCH at its own cost and expense, CHURCH shall, at its own expense, maintain said renovations in a good state of repair and shall not, in the installation or maintenance of said renovations, create or permit any unsafe or hazardous condition upon or across said public right-of-way. 1 of 2 IV. CHURCH shall indemnify and hold City harmless from any and all liability occasioned by the installation or maintenance of said renovations across said alley or public right-of-way. WITNESS OUR HAND this the 8thday of December , 1987. HAPPY,~ION BAPTIST CHURCH . Pastor L~nard G.-Chatham E.V. Ridlehuber, Mayor STATE OF TEXAS COUNTY OF HALE ACKNOWLEDGMENT This instrument was acknowledged before me on ~m~~/~./?~ STATE OF TEXAS COUNTY OF HALE Notary Public, . ACKNOWLEDGMENT by This instrument was acknowledged before me on ~e~e~%~ )~t..~ ~q Notary Public, State of /~ , . ~,.~t1':3o '"... Printed Name: My Co~ission :-~ ':-. ..::: ~ -:...: :... :¢,~;2' . -, 1:: ~ ".. - 2 of 2 THE STATE OF TEXAS COUNTY OF HALE ~ . I, MILDRED TUCKER, Clerk of the County Court in and for said county, do hereby certify that the foregoing instrument of writin~ was filed for record in my office, the 21 day of T~e 19 87 at 2; 45 o'clock P M., and duly recorded the 23 day of Dec 19 87 a~lD~5_o'cloek A. M., in the Deed Records of said County, in Volume_256 page ] 7] 'W'it, ne.ss my hand and seal of the County Corn% of said County, at office in Plainview, ,Texas the day and year last above xvritten. ~' ' )4ILDRED TUCKER, Clerk By '-~ ,~ ~2 _~' Deputy