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Home My WebLink AboutResolution - 071360P - Sanitary Fill Lease Agreement - J.E. Bowman - Section 9 Block A - 07_13_1960 JP I: do �r a9/ w- o RESOLUTION WHEREAS,, the City Commission finds that it would be expedient and in the interest of public health for the City of Lubbock to enter into a Sanitary Fill Leas Agreement with J. E. Bowman and wife„ 1Gladys J. Bowman, covering certain property located in Lubbock County, Texas; NOW THEREFORE: BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK- SECTION 1. The Mayor of the City of Lubbock is hereby authorizied and directed to execute for and on behalfof said City a Sanitary 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 Secretaty shall attest the signature of the Mayor to said agreement and shall affix the seal of the City of Lubbock thereto. Passed by the Commission this 13thday of July , 1960. ------ DAVID C. CASEYA Mayor ATTE PM ved La*hni o y Secretary�Treasurer Anorn.y r;f SANITARY FILL LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK E WHEREAS, J. E. BOWMAN and wife#-:iGLADYB 3. 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 ban a volutrne of appro- ximately ZOQ000 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 Lessnrl and, WHEREAS, the City of Lubbock, a Home Rule Municipal Corporation, herein called"Las see", acting through its Mayor, heratofore.duly authorized, has been requested by Lessors to use this excavation as a sanitary fill so that it may be filled to the level of the surrounding ground thereby enhancing the value of Lessors Propertyi NOVI THEREFORE: I In consideration of the benefit to accrue to the property from the per- formance of Lessee of the covenants herein contained, Lessors do hereby demise and lease unto Lessee for the uses provided herein the following described tract or parcel of landt BEGINNING at a point 3SOO feet North and 1t80 feet East of the Southw.*ot corner of Section 4, Block A, Lubbock County, Texas. THENCE North 800 feet; THENCE East 600 feet; THENCE South`'S00 feet; THENCE `Vest 600 feet to the POINT OF BEGINKING4 Lasses accepts this lease subject to any and all oil or gas leases which may uowa.ffect this property. Lessor is not responsible for any personal damages or personal injuries to City of Lubbock or its employees during the term:vf this lease. Lessors are not responsible for any act of government or act of God. II Lessee shall use the demised promises as a sanitary fill including all uses customarily incidental thereto, and for access to the excavation with full rights of In- gress, agross and regress, dumping therein garbage, street sweepings and/or other such substances as it may desire. Lessee shall have exclusive possession and con- trol of the promises. Lessee may permit the 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 Sur- face. The final cover of the fill shall be a minimum of one (111 foot of earth. III This lease shall be effective for such reasonable time as is required to fill the excavation of approximately 2006 000 cubic yards. Lessee shall attempt to completely fill the excavation In thirty-six (36) months. If the excavation is filled within that period, thirty-six (36) months *hall he 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. IV The solY; consideration to the lessor for this lease is the filling of the area by the Lessee, 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. _ V. Lessee shall fence the leased premises with woven�-wize type fence.' The leased premises will be posted or signs erected at appropriate places by the Lessee, forbidding hunting, target practice, and other trespassing. The fence shall remain property of the Lessee. Lessee shall remove the fence as its own property upo n the termination of this lease. Said fence shall be located on the premises as shall be mutually agreeable to the parties hereto, and said fence:c-Ay be moved, shifted, or relocated from time to time as will be mutually agreeable to the parties hereto when convenience or necessity requires such ac- tion. 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, up- on 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 crake and record in the Deed Records of Lubbock County, Texas, a sworn statement that It has performed its covenants herein contained. Lessors covenant for them- ablves, 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 con- struction. 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 to construction or use shall be made up- on or of the filled area unless and until the owners have determined that an.J. such construction or use can be made with safety to all persons using the same and all property placed thereon. VW From and after the completion of the performance of this agreement, Lessors, their heirs, successors and asaigas will at all times defend, indemnify and otherwise hold harmless the City of Lubbock, Texas,agents, servants and em- ployees 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 con- dition of the leased premises at the termination of the lease. WITNESS OUR HANDS this_..Zday of �, 1460. L SSORS. 1� Bi�LW'1sL2+ifI� � A CITY OF L saes; S E By. ire'ff�' ►�{D C.CASE Mayor ATTI �^ ven&a` ow*, G secir ary: reasarer THE STATE OF TEXAS { COUNTY OF LUBBOCK ;. BEFORE ME, the undersigned, a Notary Public, in and for said County. Texas* on this day personally appeared J. E. BOWMAN and GLADYS J. BOWMAN Hs wife, both known to rue 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 same 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 purpose and consideration therein expressed. and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE this�day.of , ry Public.�/.�ub tckbounty,Tleacas— THE-STATZ OF TEXAS � COUNTY OF LUBBOCK � BEFORE ME,y the undersigned authorky, a Notary public in and for said County, Texasr%on this day personally appeared DAVID C. CASEY, known to Axe to be the person whose name to 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 MAYQR;E;tar,the purposes and,consideration therein expressed, and in the capacity therein.4tated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this_day of d e?/e , 1960. (SEAL) ate- lcJ e e�S Mazy Pa lc., Lubzioc Gounty. Texas