The URL can be used to link to this page

Home My WebLink AboutR82-543RESOLUTION NO. R82-543 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALINVIEW, TEXAS AUTHORIZING THE CITY TO ISSUE A STREET USE PERMIT TO GALE THOMPSON, TRUSTEE FOR THE JOHN BERNARD ESTATE PROVIDING FOR ~N INSURANCE POLICY INDEMNIFYING AND HOLDING THE CITY HARMLESS OF ANY LIABILITY AND AUTHORIZING THE CITY ATTORNEY TO PREPARE NECESSARY LEGAL DOCUMENTS. WHEREAS, the residence in question, located at 200 S.E. 5th Street has been determined to have a brick facing which overhangs the public right-of-way by approximately two and one-hal~ (2 1/2) inches; and WHEREAS, Gale Thompson, Trustee for the John Bernard Estate has agreed to indemnify and hold the City harmless from any liability incurred as a result of the use of the said brick facing; and WHEREAS, Gale Thompson, Trustee for the John Bernard Estate has been advised that should the City of Plainview need to use the right-of-way for any purpose, said encroachment on the City right-of-way shall be removed and the City of Plainview shall not be liable for any damages resulting to the encroachment no~ shall City be required to replace said facility; NOW, THEREFORE..BE IT RESOLVED by the Mayor and City Council of the City of Plainview, Texas that: SECTION 1: The City be authorized to issue a street use permit to Gale Thompson, Trustee for the John Bernard Estate, and his successors and assigns, for the premises located at 200 S.E. 5th Street, for the purpose of permitting the brick facing located thereon to remain on City property; SECTION 2: That Gale Thompson, Trustee for the John Bernard Estate furnish the City of Plainview on a yearly basis, a certificate showing that they have enforced (and shall keep enforced at all times) a policy of liability insurance with an insurance company authorized to do business in the State of Texas in the amount not less than $300,000 with the City of Plainview being named as an additional insured as protection from any liability during, after, or as a result of said construction, and the same shall, in addition to protecting owner, provide therin that it will also protect the City of Plainview SECTION 3: The terms and conditions of this resolution shall be binding upon any successors in title ~manating from Gale Thompson, Trustee for the John Bernard Estate; SECTiQN 4: That the City Attorney is authorized to prepare the necessary legal documents to effectuate this resolution. PASSED Ai~D APPROVED this 12th day of October, 1982. WALTER S. DODSON, City Clerk Woods & Davenport P. 0. Box 518 P1 ainview, Texas Agency, 79072 J. P. Bernard % Gayle Thompson 2103 Dimmitt Road ?lainview, Texas 79072 ~,) ce-tiiy' h ~t policie., : (nill 'ac t ~ ~r other dm t~:. ch ls:i,)n ~ and cond Inc. CC}Mr ~'t A LE '~E COMF '~'~ B LE 'rTE COMF N) C LETTE COMF NY D COMF NY E St. Paul Insurance Company c t surance iist(.~J bdow have been is.sued to tk (, insUrecl ramed abo', :, and are in force at this time. Notwithstanding any requirement, te'm or < onditi,~r . r nt with respect to which th s ce~ificate m; U be is,.;u~ ~ or m;)y I: ~in, the insJrance affOr01ed by the policies described herein is .,;~ I~j~.,ct ' ~ all ti t( :ir: . of such policies. ., F'OLIC ¢ T (PE OF IN~ L F ",ICE POLICY NLI~B "_R EXPIRATION DATE G! ~ ERA[. ~ I~ IILIITY E] C(,, PREHENS vie ORM E] Pt EVl,S,~---O E, 'IONS [:3 E)~.OSION Am) OLLAPSE AZARD []] Ul,[ ERGROU~: ,ZARD []] PItC DUCTS/C( ,'l ETED B~(AD FOR~ ~ PERTY ~ AMAGE I)D [PENDIEN1 :: iTIqACTORS []] . :~ ~O.~ ,~'' AU1(~MOBILI i ~BILITY [] CD ~PREHEN' ",' :ORM I[] HIEED [] BO,OWNED Limits of Liability in Thou~'~[~l~[ [)) .... EACH A(} ~F[EGA' 'f OCCURRENCE Ii ).CESS [ ) ), il IILIITY [] LIIVBRELLA ,:Fid [] CT'iERTHAN UA, I! RELLA F'D RM )R~( ~RS' COi ltF i~ NSATION E BtlF LOYER.fi' L t~BIILITY Fi re (~T~'tended Coverage - PLF 992CH4563 6/19/83 BODILY INJU FIY, PROPERTY DANIAGE BODILY INJURY AND PROPERTY DAMAGE COMBINED $ } $, $ PERSONAL INJURY BODILY INJURY (EACN PERSCN) $ BODILY INJURY $ (EACH ACCIDENT) PROPERTY DAMAGE $I BODILY INJURY AND PROPERTY DAMAGE $ COMBINED BODILY INJURY AND PROPERTY DAMAGE $' COMBINE[) STATUTORY (ID CIH ACCI DI ~T) 3,000,000./1,000,000./250. : ~ ~ r IDN OIF OI~ERATION$/I.IDL',AI'IONS/¥EHICLES :,ncellation: Should any of the above oescribed I~li(:ies )e cancdled before the expiration date thereof, the issuing cc)'~- party will endeavor to mail ._LU_., Days wr'~ten notice to the below named certificate holder, but failure to mail such notice shall impose no obli ~ation :~' liability o1[ any kind upon the company. NAME AN D ADDRESS OF CERTIFICATE HOLDER: City of P1 ai nview P1 ainview, Texas 7907'2 DATE IssUED:,Lq 1 I111 g IRP 6/WOd~ & (~avenporq~ Agency, Inc. ] AUTHORIZED REPRESENTATIV~ ~.I~ (1.,79) 4AMi ,~,ND AE,DR~S~ OF AGEI': '~ Woods & Davenport Agency, P. 0, Box 518 Plainview, Texas 79072 Inc. NiAME AND ADDRESS OF INSLI ~D J.P. Bernard % Gayle ThomPson 2103 Dimmitt Road Plainview, Texas 79072 COMPANIIES AFFO~D~N~ COVEI~AGES COMPANYLETTER A St, Paul Insurance Company COMPANY B LE'F~ER COMPANY C LETTER COMPANY D LETTER COMPANY E LETTER This is to certify that po c es f insurance I sted be ow have I"~en issued to the insured m[rn"~ed above and are in force at this time. Notwithstanding any requirement, term or condition of any contra(~ or other doc ~ment with respect to which this certificate may be issued or may pertain, the nsurance afforded by the policies described herein is subject to all the terms, exclusions and condi i )ns of such policies. TYPE OF INS . RANCE ,GENERAL L., ~I~ILITY E~ COMPREHENSI I=- FORM ~'] PREMISES--OF E RATIONS E]EXPLOSION At !) COLLAPSE HAZARD UNDERGROUN ~ HAZARD EPRODUCTS/CC ~ IPLETED - OPERATIONI HAZARD CONTRACTUAl iNSURANCE [... BROAD FORM ~ROPERTY DAMAGE INDEPENDENT ~'ONTRACTORS E] PERSONAL N IIRY AILJTOMOBILE LIABILITY E~ COMPREHEN$ ~IE FORM ] OWNED ] HIRED ] NONK}WNED EXCESS LIABILITY r-I UMBRELLA F3RM El OTHERTHAN U~IBRELLA FORM WORKERS' COlil PENSATION anti EMPLOYERS" LiABiLITY POLICY POLICY NUMBER EXPIRATION DATE Limits of Liability BODILY INJURY PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE COMBINED PERSONAL INJURY BODILY INJURY (EACH PERSON) $ BODILY INJURY $ (EACH ACCIDENT) PROPERTY DAMAGE $ BODILY INJURY AND PROPERTY DAMAGE $ COMBINED BODILY INJURY AND PROPERTY DAMAGE $ COMBINED OTHIE R Extended Policy #992CH4563 6/19/83 Co~,erage PLF & STATUTORY EACH AGGREGATE OCCURRENCE ( EACH ACCIDENT) 3,000.00/1,000.00/250. O0 Cancellation: Should any of the above desc~rr~bed policies be cancelled before the expiration date thereof, the issuing com- pany wilt endeavor to mail ~u days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Plainview Plainview, Texas 79072 DATE ISSUED: October 15, 1982 AUTHORIZED ACORD 25 (1-79) ~J.B. ROBERTS & ASSOCIATES TELEPHONE: (806) 293-4413 140:3 WEST FIFTH STREET POST OFFICE BOX 337 PLAINVIEW, TEXAS 79072 October 1, 1982 Mr. John Hatchel, CityManager City of Plainview Plainview, Texas 79072 Re: Lot 7, Block 2, Parkside Addition, plainview, Hale County, Texas, And further identified as 200 Southeast 5th Street. Dear John: In response to a request from Mr. Gale Thompson, Trustee for the John Bernard Estate, we respectfully submi~ a request for a letter of variance regarding an apparant descrepancy in the survey of the above property. Details of the variance may be obtained from Mr. Bill Hogge. Thanking you in advance, and with kindest regards, I am Very truly yours, J.B. ROBERTS & ASSOCIATES Lu~r D.. -~in LDB/gMc S.E. 5th Street IG. 5' Lot 7, Blk.2 __Parks_~de Subd. 62' ALLEY DESCRIPTION Lot 7, Block 2 Parkside subdivision of Outlot No. 2 Wayland Heights Addition 'to Plainview, Texas CERTIFICATE I, Carl Joe Williams, Registered Public Surveyor of Texas, do hereby certify that I have surveyed the above described property and to the best of my knowledge, the improvements are the size and are located as shown on the the above plat, and that there are no encroachments from the outside. p ]ainview, Texas Sen~. 30, 1982 Public Surveyor of Texas 62' ~. 0.2~ I 1 I Lot 71, Blk.2 l _ _Pa_r}s_,i de Subd. 62' ALLEY DESCRIPTION Lot 7, Block 2 Parkside subdivision of Outlot No. 2 Wayland Heights Addition to Plainview, Texas CERTIFICATE I, Carl Joe Williams, Registered Public Surveyor of Texas, do hereby certify that I have surveyed the above described property and to the best of my knowledge, the improvements are the size and are located as shown on the the above plat, and that there are no encroachments from the outside. Plainview, Texas Sept. 30, 1982 Ca , Registered Public Surveyor of Texas