Loading...
HomeMy WebLinkAboutResolution - 042469B - Sanitary Land Fill Lease Agreement - J.E. Bowman - NW Corner Of Section 9 Blocka - 04/24/1969i r RESOLUTION WHEREAS, the City Council finds that it would be expedient and in the interest of public health for the City of Lubbock to enter into a Sanitary Land Fill Lease Agreement with J. E. Bowman and wife, Gladys J. Bowman, covering certain property located in Lubbock County, Texas; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. The Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of said City a Sanitary Land Fill Lease Agreement to be entered into by and between said City and J. E. Bowman and Gladys J. Bowman, a copy of said agreement is being attached hereto and made a part of this resolution for all purposes. SECTION 2. The City Secretary shall attest the signature of the Mayor to said agreement and shall affix the seal of the City of Lubbock thereto. Passed by the Council this 24th day of A'0rj1 , 1969. 11-^' SANITARY LAND FILL'LEASE AGREEMENT THE STATE OF TEXAS X COUNTY OF LUBBOCK WHEREAS, J., E. BOWMAN and wife, GLADYS J. BOWMAN, herein called "Lessor" are the owners of the hereinafter described tract of land in _.Lubbock County, Texas. On this land is situated an excavation which has a volume of approximately 40,000 cubic yards. The excavation is a result of caliche mining. In its present condition, the excavated area is of little value and is a detriment to the remaining property of Lessor; and, 1 WHEREAS, the City of Lubbock, a Home Rule Municipal Corporation, herein called "Lessee," acting through its'Mayor, heretofore duly authorized, has been requestedby Lessors' to use this excavation as a sanitary fill so that it may be filled to -the level of the surrounding f ground thereby enhancing the value of Lessors property; NOW THEREFORE: { I. In consideration of the benefit to accrue to the property from the performance of Lessee of the covenants herein contained, Lessors do hereby demise and lease unto Lessee said operation on a rental basis of $50.00 (Fifty Dollars) per month for the uses provided herein the following described tract or parcel of land: o BEGINNING at a point 1,325 feet South and 1166.7 feet East of the.Northwest corner of Section 9, Block A, .Lubbock County, Texas; 1 THENCE North approximately 200 feet; THENCE West approximately 400 feet; THENCE South approximately 200 feet; n THENCE East approximately 400 feet to the POINT OF BEGINNING. Lessee accepts this lease subject to any and all oil or gas leases which may now effect this property., Lessor,,is not,,,responsible for,. 1 any personal damage, or personal injuries to City of Lubbock or its employees during the term of this lease. Lessors are not responsible for any act of government or act of God. II. Lessee shall use the demised premises as a sanitary fill including all uses customarily Incidental 'thereto, and for access -to the excavation with full rights of ingress, egress and regress, dumping therein garbage and/or street sweepings. Lessee shall have exclusive possession and control of the premises. Lessee may permit dumping of earth -by other persons into the excavation as it may deem necessary to the proper operation of the sanitary fill. The Lessee will fill the excavation in this area to a level with the surrounding surface. The final cover of the fill shall be a minimum of twelve (12) inches of fairly good soil some of which will be that stock- piled to extend the area to the North. f I a a III. This lease shall be effective for such reasonable time as is -required to fill the excavation of approximately 40,000 cubic yards. Lessee shall attempt to completely fill the excavation in twelve (12) months. If the excavation is filled within that period, twelve (12) months, shall be the term of this lease. If the excavation is not filled within that period, the term of this lease shall be such greater period as is reasonably necessary to complete the filling. Lessee shall fill continuously in normal operating procedure until such time - as the excavation is filled. IV. The consideration to the Lessor for this lease is Fifty Dollars ($50) monthly beginning at the time of filling, not only for the use of the area, but also for any damages suffered by Lessors from the reasonable use of the area as a sanitary fill by the Lessee. In addi- tion, the Lessee shall pay to the Lessor the sum of ten cents ($0.10) per i cubic yard royalty for material excavated outside of the pit area used for cover material or other purposes. V. Lessee shall fence the leased premises with woven wire type fence. The leased premises will be posted or signs erected at appropriate places by the lessee, forbidding hunting, target practice, and other trespassing. he fence shall remain property of the Lessee. Lessee shall remove the fence as its own property upon the termination of this lease. Said fence shall be located on the premises as shall be mutually agreeable to the parties thereto, and said fence may be moved, shifted, or relocated from time to time as will be mutually agreeable to the parties hereto when convenience or necessity requires such action. The Lessee shall also provide a fence a minimum of 10 feet in height on 3 sides of the filling operation to control the blowing paper. VI. Upon termination of this lease, Lessors shall furnish Lessee a release in writing, relieving Lessee of all its obligations arising from the lease, and Lessee shall release this lease to Lessors without further obligation on their part. The releases shall be delivered at the same time. If for any reason, upon the completion of the filling of the excavation, Lessee is not furnished with a release, it is agreed that Lessee, acting through its then Mayor, may make and record in the Deed Records of Lubbock G County, Texas, a sworn statement that it has performed its covenants herein contained. Lessors covenant for themselves, their heirs, successors and assigns that said statement shall have all the effect of a release by them given. VII. It is-, agreed,,_,understood_and made a covenant -running- with_ the - ..land ---that upon the filling of the excavation no use may be made of the filled area unless and until the owners thereof have determined the area to be safe for such use. Until the expiration of two years, no.use other than the following may be made of the filled area with minor 'incidental and essential construction; farming, parking area, playground or park, golf course, or other uses not involving major construction. Lessee does not represent that the filled area will be suitable for these or any other uses and assumes no liability for damages arising from such uses. Lessors agree and covenant that no,construction or use shall be made upon or of the filled area unless and until the owners have determined that any such construction or use can be made with safety to,all. persons using the,same and all property placed thereon. VIII. From and after the completion of the performance of this agreement, iLessors, their heirs, successors and assigns will at all times defend, indemnify and otherwise hold harmless the City of Lubbock, Texas, agents, servants and employees from any and all claims, demands, actions, causes of action, suits at law and in equity and cost of whatsoever kind or nature which may grow out of the condition of the leased premises at the termination of the lease. WITNESS OUR VIANDS this--.lday o ATTES i - Lave is Lowe, Cii3V Secretary -Treasurer THZ STATE OF TEXAS X COUNTY OF LUBBOCK X BEFORE NE, the undersigned, a Notary Public, in and for said County, Texas, on this day. personally appeared J. E. BOWMAN and GLADYS J. BOWMAN his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration, therein expressed and the said GLADYS J. BOWMAN wife of the said J. E. BOWMAN, having been examined by me privily and apart from her husband, and having the sacro; fully explained to her, she, the said GLADYS J. BOWMAN acknowledged such instrument to.be her act and deed, and she declared that she had willingly signed the same for the purposes and 'consideration therein expressed, and that she did not. wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE this�day of �Lll�ce , A.D. 1969 CSS, — Az ' dry Public, Lubbo Coun exas THE STATE -OF TEXAS X COUNTY OF LUBBOCK X BEFORE _ME,_ the, undersigned, authority, a Notary Public in.,and ..for,_.said County, Texas, on this day personally appeared W. D. ROGERS, JR., 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 consideration therein expressed, and in the capacity therein stated.