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HomeMy WebLinkAboutResolution - 055 - Lease Agreement - TAES - Irrigation Well, LLA NS Runway LIA - 01/25/1979RESO - 55 .0 T KJ:yb RESOLUTION �. '4 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: r THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authorized and directed to execute a LEASE AGREEMENT between the CITY OF LUBBOCK and TEXAS AGRICULTURAL EXPERIMENT STATION, 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 25th day of January , 1979• DIRK WEST, MAYOR ,ATTEST: elyn Gaf ga,`City S r y -Treasurer APPROVED AS TO FORM'' en rfe t h Jones, Sen'ef Assistant City Attorney Legal Department APPROVED AS TO CONTENT: Mar in Coffee, Di, or of Aviation L; LEASE THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK X This Agreement of Lease entered into this 25th day of January 1979, by and between the CITY OF LUBBOCK, herein- after called "Lessor".and. the TEXAS AGRICULTURAL EXPERIMENT STATION, a Part of The. Texas A&M University System, hereinafter called "Lessee": i W I T N E S S E T H WHEREAS,. the Lessor.is the owner of a certain tract of.land situated at the Lubbock Regional Airport in Lubbock County, Texas, located at the north end of the North-South Runway and referred to as the Larding Light Area and Lessee herein desires the use of an irrigation well situated on such tract of land to be used in its operations; NOW, THEREFORE: FIRST: The Lessor does hereby lease unto Lessee the right to use all water from the irrigation well presently in place on the Landing Light Area at Lubbock Regional Airport, such tract described.by metes and bounds as follows: A tract of land out of Section 36, Block.A, Lubbock County, Texas, and being more particularly described as follows: BEGINNING at a point that is 2,640.7 feet North and 2,816.79 feet.West of the Southeast corner of Section 36, Block A, said point being the Southeast corner of the tract herein described; THENCE West 400.0 feet to a point; THENCE North 0° 06' 4511.East, 2175.0 feet to a point; THENCE East 400.0 feet to a point; THENCE South 00 06' 45" West, 2175.0 feet to the PLACE OF BEGINNING. Containing 19.972 acres. e .r ' 9 THE STATE OF TEXAS COUNTY OF LUBBOCK X Before me, a Notary Public in and for said County and State, on this day personally appeared Dirk West, 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 "_.;- day of A.D., 1979. 1 � Notary Public in and for Lubbock County, Texas (seal) THE STATE OF TEXAS COUNTY OF BRAZOS Before me, a Notary Public in and for said County and State, on this day personally 'appeared r,:« C',",._herr field known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged 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 day of A.D., 1979. 44- Notary Public ind fox,= r Ot Count Texas ULMIS HE�IllviAti Vier NOTARY PUBLIC BRAZOS COUNTY; TW§ 4 .. SECOND: Lessee shall be permitted ingress and egress on, over and across such tract of land for the purpose of using the water from such irrigation well and for the purpose of maintaining the well and pump thereon. THIRA: The Lessee shall not place within the described area any such permanent equipment which will in any manner interfere with the operation of the North-South Runway.. Should temporary equipment be needed within the described area such equipment shall*in no event exceed twenty (20) feet in height. FOURTH: Lessee shall not place any buildings or structures of any nature within the described premises. The Lessee shall -have the right to use the water from the irrigation well described herein for the term of this Agreement and any extensions thereof or until the well ceases to produce water. FIFTH: The Lessee shall be responsible for all maintenance and operation of the irrigation well and may at its own expense repair or replace the pump, motor or any equipment in connection with the well at its own expense. SIXTH:. In return for the use of the irrigation well.the Lessee shall be responsible for the weed control on the described premises and may plow or plant the type of cover it may determine as,best.suitable for such land which is acceptable to the Lessor. SEVENTH: The term of this Lease shall be for a period of five years; provided, however, the Lessee shall have the option at'the expiration of the Lease period to extend it for an additional five year period. In the event the Lessee desires to exercise its option to extend this Agreement then in such event the Lessee shall give notice to the Lessor at least thirty (30) days before the expiration of the original term. all EXECUTED THIS 25th day of January 1979. ATTEST: CITY OF LUBBOCK, Lessor Jp 4Ee, B , yDirk estMayor Treasurer est" TEXAS AGRICULTURAL EXPERIMENT STATION N elleCla e, Di or APPROVED AS TO FORM: John Ross, Jr., City Corney APFROVED AS TO CONTENT: Marvin Coffee, Director of Aviation