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Home My WebLink AboutResolution - 6413 - Contract - David And Keith Wied - Farming Services And Sale Of Goods - 06_24_1999Resolution No. 6413 June 24, 1999 Item No. 34 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract for Farming Services and Sale of Goods between the City of Lubbock and David Wied and Keith Wied of Lubbock, Texas, and any other related documents. Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 24th day of June 1 1999. I SIT N, AYOR APPROVED AS TO CONTENT: Tvml 1 erbr Managing Director Water Utilities APPROVED AS TO ORM: Richard K. Casner Natural Resources Attorney RKC:cp Ccdocs/WiedBros.Res June 15, 1999 Resolution No. 6413 June 24, 1999 Item No. 34 CONTRACT FOR FARMING SERVICES AND SALE OF GOODS This Contract is entered into this 10t' day of June, 1999, but effective for all purposes as of January 14, 1999, by and between David Wied and Keith Wied (collectively, the "Seller") and the City of Lubbock, a Texas Home Rule Municipal Corporation (the "City"). WITNESSETH WHEREAS, the City has agreed to purchase certain lands located in Lynn County, Texas from Lubbock Christian College Investment Corporation ("LCCIC"); WHEREAS, agricultural practices are currently being performed by Seller on a portion of said lands, as described on Exhibit "A" attached hereto (the "Lands"); WHEREAS, Seller has agreed to continue to perform certain farming services for the City upon the Lands after their purchase by the City; WHEREAS, as part of the transaction between the City and LCCIC, Seller owns certain personal property located on the Lands that it desires to convey to the City upon termination of their farming services; WHEREAS, Seller and City now desire to enter into this Contract for Seller to provide farming services to City and to provide for the sale of personal property to City. NOW, THEREFORE, Seller and City hereby agree as follows: Contract for Farming Services and Sale of Goods David Wied & Keith Wied/City of Lubbock Paget of 3 1. Seller shall perform farming services upon the Lands as directed by the City, including, without limitation, cultivation of said Lands and planting of small grains thereon, during the period of time from January 14, 1999 to May 20, 1999 (the "Farming Services"). 2. City agrees to pay to Seller the sum of Thirty Eight Thousand Seven Hundred Seventy and no/100 Dollars ($38,770.00) for performing the Farming Services. 3. Seller shall sell and assign to City, and City shall purchase, upon the termination of the Farming Services, pursuant to the Bill of Sale (herein so called) attached to this Contract as Exhibit "B", all personal property located on the Lands as of May 21, 1999, including without limitation (a) those certain portable buildings located on the Lands sized (i) 20'x40'xl2'; (ii) 20'x40'x8'; and (iii) 40'x60'x8'; and (b) all fencing materials located on the Lands, all of said personal property being more particularly described on Exhibit "B" to the Bill of Sale, for the total consideration of Twelve Thousand One Hundred Forty Four and no/100 Dollars ($12,144.00). 4. Seller shall perform no activities upon the Lands from and after May 20, 1999 whatsoever, excepting removal of personal property not conveyed to City and shall completely vacate the Lands on or before October 1, 1999 and leave same in the same condition and state of repair as occupied by Seller as of January 14, 1999 and free of all litter, trash, debris, herbicides, pesticides, fertilizers and other chemicals. Contract for Farming Services and Sale of Goods David Wied & Keith Wied/City of Lubbock Page 2 of 3 EXECUTED this 10'h day of June, 1999, but effective for all purposes as of January 14, 1999. CITY OF LUBBOCK A�• MAYOR ATTEST: Kaythi arnell, City Secretary APPROVED AS TO CONTENT: rry Eller rook Managing Director Water Utilities APPROVED AS ORM: Richard K. Casner Natural Resources Attorney RKC:cp CityatVRichard/Wied.Facm&Sale.Contract June 3, 1999 SELLERS ,XW-, hWWI j by.-ITJ I IN 'a AA;4 W Lk KEITH WIED Contract for Farming Services and Sale of Goods David Wied & Keith Wied/City of Lubbock Page 3 of 3 Resolution No. 6413 June 24, 1999 Item No. 34 BILL OF SALE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS COUNTY OF LUBBOCK § The undersigned, DAVID WIED and KEITH WIED (collectively, the "Grantor"), for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) and other good and valuable consideration to Grantor in hand paid by the CITY OF LUBBOCK, a Texas Home Rule Municipal Corporation ("the Grantee"), the receipt and sufficiency of which are hereby acknowledged and confessed, has BARGAINED, SOLD and CONVEYED and by these presents, does BARGAIN, SELL and CONVEY unto Grantee, all of Grantor's right, title, and interest to the personal property located in or on or utilized in connection with or related to the real property described on Exhibit "A" attached hereto, including without limitation, the personal property described on Exhibit "B", attached hereto (the "Property") TO HAVE AND TO HOLD all of the Grantor's right, title and interest in and to the Property unto said Grantee and Grantee's successors and assigns forever, so that neither Grantor nor Grantor's successors and assigns shall have, claim or demand any right or title to the Property. EXHIBIT "A" EMLands comprising the a p g e Farm Page A-1 EXHIBIT "B" To Bill of Sale All personal property located in or on or utilized in connection with the real property described on Exhibit "A" to this Bill of Sale, including without limitation, the following described personal property, to wit: 1. Portable building, 20'x40'x12' in size 2. Portable building, 20'x40'x8' in size 3. Portable building, 40'x60'x8' in size 4. 96 T-posts 5. 733 1/z" rebar posts 6. 829 insulators 7. 5.5 miles of wire 8. 13 gate handles 9. Assorted electrical fencing materials Pmumzm eURMT or A WW.0 AM TRWT DI Luau 1. 9 0. & + Or THE VnmN COUM17 SCHOOL Lim LTKN ODUM, TEEM. jigs por owft erxw aailws�s `t. War meow ti I• ■ram . wwr ■ a4w4n wwr • a. r Mina M Mina ----- ---b- - saw-- uww- ---_---- --- `; 11 ,I • I II MAIN 4 1r1[1 0 tid ■ I la r w _ � � a�� _ a�S■ r I I r I ■ 11 I I _� arwr ' I 1-----^--------- I `� arwr II I' I a air w in M m- Tw '_ i t la r r 1a w14r _ M111001.1 1w I I I i � w �•. 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GREEN'S SUBDIVISION AS SHOWN ON THE MAP OR PLAT THEREOF RECORDED IN VOLUME 57 PAGE 38 OF THE DEED RECORDS OF LYNN COUNTY, TEXAS AND BEING A PORTION OF THAT TRACT DESCRIBED IN VOLUME 291 PAGE 935 OF SAID RECORDS AND FURTHER DESCRIBED AS, FOLLOWS: BEGINNING AT A %2" IRON ROD WITH CAP FOUND IN THE SOUTH LINE OF SAID TRACT 4 AND THE NORTHWEST RIGHT OF WAY LINE OF F.M. HIGHWAY 400 AS DESCRIBED IN VOLUME 104 PAGE 306 OF SAID RECORDS FROM WHENCE A %2" IRON ROD FOUND AT THE SOUTHWEST CORNER OF SAID TRACT 4 BEARS S 89053'00" W A DISTANCE OF 2673.79 FEET; THENCE S 89053'00" W, ALONG THE SOUTH LINE OF SAID TRACT 4, A DISTANCE OF 996.19 FEET TO A'/2" IRON ROD WITH CAP SET FOR A CORNER OF THIS TRACT; THENCE N 0000'00" E A DISTANCE OF 381.39 FEET TO A %2" IRON ROD WITH CAP SET FOR A CORNER OF THIS TRACT; THENCE S 89053'00" W A DISTANCE OF 1605.04 FEET TO A'/2" IRON ROD WITH CAP SET FOR A CORNER OF THIS TRACT; THENCE N 0000'00" E A DISTANCE OF 1145.30 FEET TO A %2" IRON ROD WITH CAP SET FOR A CORNER OF THIS TRACT; THENCE N 90000'00" E A DISTANCE OF 100.00 FEET TO A %2" IRON ROD WITH CAP SET FOR A CORNER OF THIS TRACT; THENCE S 0000'00" W A DISTANCE OF 1045.10 FEET TO A'/2" IRON ROD WITH CAP SET FOR A CORNER OF THIS TRACT; THENCE N 89053'00" E A DISTANCE OF 1075.06 FEET TO A'/2" IRON ROD WITH CAP SET FOR A CORNER OF THIS TRACT; THENCE N 0000'00" E A DISTANCE OF 173.89 FEET TO A %2" IRON ROD WITH CAP SET FOR A CORNER OF THIS TRACT; Page A-5 THENCE N 90000'00" E A DISTANCE OF 100.00 FEET TO A'/z" IRON ROD WITH CAP SET FOR A CORNER OF THIS TRACT; THENCE S 0000'00" W A DISTANCE OF 173.69 FEET TO A %" IRON ROD WITH CAP SET FOR A CORNER OF THIS TRACT; THENCE N 89053'00" E A DISTANCE OF 455.22 FEET TO A %" IRON ROD WITH CAP SET FOR A CORNER OF THIS TRACT; THENCE N 0000'00" E A DISTANCE OF 1065.86 FEET TO A'/z" IRON ROD WITH CAP SET FOR A CORNER OF THIS TRACT; THENCE N 89053'00" E A DISTANCE OF 963.27 FEET TO A'/z" IRON ROD WITH CAP SET IN THE EAST LINE OF SAID TRACT 4 AND A GRADED COUNTY ROAD FOR A CORNER OF THIS TRACT; THENCE S 0000'06" E, ALONG SAID EAST LINE AND SAID COUNTY ROAD, A DISTANCE OF 1447.62 FEET TOA'/z" IRON ROD FOUND IN SAID NORTHWEST RIGHT OF WAY FOR A CORNER OF THIS TRACT; THENCE S 42046'51" W. ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 136.0 FEET TO THE PLACE OF BEGINNING. Cityatt/Richard/41977acrcs.legal Page Executed and effective this I Oh day of June, 1999. GRANTOR: GRANTOR: KEITH WIED RKC:cp CityatMchard/Wied.Billof5ale June 1, 1999 Bill of Sale David Wied and Keith Wied/City of Lubbock Page 2 of 2 EXHIBIT "A" E20 Lands comprising the Farm Page A-1 Ao 'Venn u WMOudm ocwv� OURM 0r 11 !YWO AM 7lAST 0/ L7<WVM 1, !, A • 4 07 7}R WUMM CDUXff OCMDL IAM L7101 COUM. 71WAL Put ava TRXT a TRFCT 10 TRAM 1! mu Ul ww �a. M a.srao- L aeaaar 7 iw+cr aarr p— AAI/� aaLL �- Aa�..ar aaLL "MmML Page A-3 • TRACT a Ll 14 r X111 39 7 M 700'OU' L ■ .. M ~or t J %AY 1 ]L. G . r77 Y L awor L 404&1)lY Page A-2 x LESS and EXCEPT the following described lands located in Lynn County, Texas, to -wit: METES AND BOUNDS DESCRIPTION OF A 41.977 ACRE TRACT OF LAND IN THE WILSON COUNTY SCHOOL LAND, LYNN COUNTY, TEXAS BEING A PORTION OF TRACT 4 LEAGUE 4 OF THE WM. D. GREEN'S SUBDIVISION AS SHOWN ON THE MAP OR PLAT THEREOF RECORDED IN VOLUME 57 PAGE 38 OF THE DEED RECORDS OF LYNN COUNTY, TEXAS AND BEING A PORTION OF THAT TRACT DESCRIBED IN VOLUME 291 PAGE 935 OF SAID RECORDS AND FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT A %2" IRON ROD WITH CAP FOUND IN THE SOUTH LINE OF SAID TRACT 4 AND THE NORTHWEST RIGHT OF WAY LINE OF F.M. HIGHWAY 400 AS DESCRIBED IN VOLUME 104 PAGE 306 OF SAID RECORDS FROM WHENCE A V2" IRON ROD FOUND AT THE SOUTHWEST CORNER OF SAID TRACT 4 BEARS S 89053'00" W A DISTANCE OF 2673.79 FEET; THENCE S 89053'00" W, ALONG THE SOUTH LINE OF SAID TRACT 4, A DISTANCE OF 996.19 FEET TO A''/2" IRON ROD WITH CAP SET FOR A CORNER OF THIS TRACT; THENCE N 0°00'00" E A DISTANCE OF 381.39 FEET TO A %2" IRON ROD WITH CAP SET FOR A CORNER OF THIS TRACT; THENCE S 89053'00" W A DISTANCE OF 1605.04 FEET TO A %2" IRON ROD WITH CAP SET FOR A CORNER OF THIS TRACT; THENCE N 0000'00" E A DISTANCE OF 1145.30 FEET TO A %2" IRON ROD WITH CAP SET FOR A CORNER OF THIS TRACT; THENCE N 90°00'00" E A DISTANCE OF 100.00 FEET TO A %2" IRON ROD WITH CAP SET FOR A CORNER OF THIS TRACT; THENCE S 0000'00" W A DISTANCE OF 1045.10 FEET TO A %2" IRON ROD WITH CAP SET FOR A CORNER OF THIS TRACT; THENCE N 89053'00" E A DISTANCE OF 1075.06 FEET TO A %2" IRON ROD WITH CAP SET FOR A CORNER OF THIS TRACT; THENCE N 0000'00" E A DISTANCE OF 173.89 FEET TO A''/2" IRON ROD WITH CAP SET FOR A CORNER OF THIS TRACT; Page A-5 THENCE N 90000'00" E A DISTANCE OF 100.00 FEET TO A %" IRON ROD WITH CAP SET FOR A CORNER OF THIS TRACT; THENCE S 0000'00" W A DISTANCE OF 173.69 FEET TO A''/z" IRON ROD WITH CAP SET FOR A CORNER OF THIS TRACT; THENCE N 89053'00" E A DISTANCE OF 455.22 FEET TO A %z" IRON ROD WITH CAP SET FOR A CORNER OF THIS TRACT; THENCE N 0000'00" E A DISTANCE OF 1065.86 FEET TO A'/z" IRON ROD WITH CAP SET FOR A CORNER OF THIS TRACT; THENCE N 89053'00" E A DISTANCE OF 963.27 FEET TO A'/2" IRON ROD WITH CAP SET IN THE EAST LINE OF SAID TRACT 4 AND A GRADED COUNTY ROAD FOR A CORNER OF THIS TRACT; THENCE S 0000'06" E, ALONG SAID EAST LINE AND SAID COUNTY ROAD, A DISTANCE OF 1447.62 FEET TO A %z" IRON ROD FOUND IN SAID NORTHWEST RIGHT OF WAY FOR A CORNER OF THIS TRACT; THENCE S 42046'51" W. ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 136.0 FEET TO THE PLACE OF BEGINNING. CiryamlUchardl41977a=s.lco Page 1 ti PKRFMZ*2A 2UTmcV or A 3M.0 ACRZ TRACT DI EXAOUM 1, 2 3. • 4 or tape VnWy COUNTY WHOOL LAND, LYNN COUNTY TKW. wNN A !•ana or In ■ wmrt NwisiNal w,w INu/� III %mom � m Jl mI iolYN/ " II rsMww,io/f+IMIr�`r�l w..w■ w.wy■ w/�■ • 5ti.ww ra,wr a 1 w r ' ^ 4mor- �i7.iri�- ■ Mr*1I1iACii II r 1 wwa / w.ar / ww 5 I 1 WO. I r�i rr r�ir a .r w a r w r +aIMI w , I I I I I ' I1 II 1 11�1. WWF/ • aMwr I �lINWr.� ry�Mr I ' a 11 L- -- - -- - J ' ww rrr � ,tFwr 1 "WI . www+ 7 1 � rrlwr ■ moo . .rL F w rw a .r w me Al ra I a on w r w w w He 1 ' OW I— - — ---= - ------- ------ f . , ! tt I rI 1 I IN ft do writ 1/ owl 14 1 1YCI 1/ I 11LT N 11/ICr � ....--. -.� r.. r w r rwrwwr awwr r Wwr I I I rru r w ru r' - •� - -- _ — T ■ U'/7YtOti M4LiY - •�• - � /rll *m 1 IAACI 1 INV 1 I {� wwn I wlln 1 ■� a.rws 11! aarwrl wrlwr pq a R0wr ar,nwr awl n.l wrar • s � rr � rr. F • /'w 4144 rf 11 43W rA //1 w� / MI MrY M •„ 1� ii .TN/111 �� .-____ — ..-._ 1 -- — T ^ ---- 1.14 Of --- O �� rIII PIP r •w n a 'iiw r� er . �r .� r �� • ra a n w �/��1f�r�'� w� i wr � w wm'rMzl--rrrr M vu r � ✓�`�V rwr. M1y_. Page A-G Reference Plat JL»XM7"W