HomeMy WebLinkAboutResolution - 2012-R0054 - Cash Farm Lease Agreement - Andrew Adams - 01_26_2012Resolution No. 2012-R0054
January 26, 2012
Item No. 5.8
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, a Cash Farm Lease Agreement, by and
between the City of Lubbock and Andrew Adams, and related documents. Said
Agreement is attached hereto and incorporated in this resolution as if fully set forth herein
and shall be included in the minutes of the City Council.
Passed by the City Council on January 26, 2012
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TO MARTIN, MAYOR
ATTEST:
Garza, City Secretary
APPROVED AS TO CONTENT:
Reed, P.E., Chief Operations Officer
Dave Booher, Right -of -Way Agent
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
w:ecdocslRES.Agreement-Andrew Adams
anuary 5, 2012
Resolution No. 2012-R0054
CASH FARM LEASE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Cash Farm Lease Agreement ("Lease") is entered into this 26th day of
January_, 2012, by and between the CITY OF LUBBOCK, a Home Rule Municipal
Corporation, in Lubbock County, Texas, hereinafter called "Lessor", and Andrew Adams,
hereinafter called "Lessee."
1. Term/Property. The term of this Lease shall commence on the date of execution
hereof, and Lease shall expire on December 31, 2012, unless terminated earlier as provided in
this Lease. The following lands and premises located in Lubbock County, Texas are made
subject to this Lease:
45.04 acre tract of land out of Southwest Quarter Section 2, Block B, Lubbock
County, Texas, and more specifically described in Exhibit "A" attached
hereto, and approximately 15.04 acres of land out of East -one half Section 3,
Block B, Lubbock County, Texas.
2. Rent. Upon final execution of this Lease, Lessee will pay rent to Lessor an amount
equal to TEN AND NO/100 DOLLARS ($10.00) per acre, in a form acceptable to Lessor. The
parties agree that the amount due at the inception of this Lease shall be SIX HUNDRED AND
80/100 DOLLARS ($600.80). All monies due, including rent, shall be payable to:
Attn: Dave Booher, Property Manager
City of Lubbock
P.O. Box 2000
Lubbock, TX 79457
3. Covenants by Lessee. Lessee agrees and covenants as follows:
(a) To prepare, plant, and cultivate all tillable land in a farmer -like manner in due
time and season; to keep down all noxious weeds and grasses and prevent
their seeding and spreading with the same precaution that any prudent farmer
would exercise in the care of his own field.
(b) As the crops are gathered from any of the Leased land during the term of this
Lease, Lessee will surrender possession of such portions thereof, so that
Lessor or any future tenant may enter upon the land and prepare it for
cultivation for the following year.
(c) No crops which would not ordinarily be harvested before the termination of
this Lease shall be planted without the consent of the Lessor in writing signed
by the City Manager of Lubbock, Texas, or her designee, and any crops
growing on said property in violation of this provision shall revert to Lessor as
its property, together with any plowing or other work done by Lessee without
the written consent of Lessor.
(d) Lessee agrees and covenants to keep all fences, windmills, buildings, wells,
and other improvements if applicable in as good condition as they were at the
time he received possession of the property, usual wear and tear, injury or
damage by fire not the result of the negligence of Lessee or his agents, and
acts of God excepted. If the buildings, as applicable, are destroyed or so
damaged that they cannot be repaired except by substantially rebuilding them,
Lessee shall be under no obligation to rebuild or repair the buildings. No
alterations in buildings or improvements if applicable shall be made without
the written consent of Lessor, it being agreed that any improvements placed
upon the property shall become the property of the Lessor and shall not be
removed by Lessee.
(e) At the end of the Lease term, or as otherwise provided herein, Lessee agrees
to give peaceable possession of the Leased premises to Lessor.
(f) It is agreed and understood that should Lessor enter upon said premises and
make any improvements, the Lessee shall be entitled to such reasonable
amount of compensation for damages suffered directly by him that resulted
from such action by the Lessor.
(g) Lessee will not allow the dumping of trash, debris, junk, oil, gas, chemicals or
any foreign substance on the property.
4. Covenants by Lessor and Lessee. Lessor and Lessee agree and covenant as follows:
(a) In case of sale of said premises during the occupancy of Lessee hereunder and
if the purchaser desires possession, Lessee agrees to surrender the same at
once. In such a case, payment for crop damages shall be made to Lessee by
Lessor after the crop harvest, for the crop acreage damaged or rendered
unusable. Crop damages will be determined on a pro-rata basis by the Lessor,
based on the amount of crops harvested on the undamaged balance of the tract
and the average price per pound, or bushel, as the case may be, received by
Lessee from a bona fide purchaser, no later than December 31, 2012, for such
balance of the crops harvested.
(b) If the land covered by the contract be occupied by anyone other than Lessee at
the time that he is taking possession, and the occupant refuses to deliver
possession, then Lessor will use diligence to obtain possession as soon as it
can be done, but if Lessor is delayed or defeated in gaining possession, Lessor
2
shall not be liable to Lessee for any damages occasioned by Lessor's delay or
failure to gain possession.
(c) This Lease is made subject to all existing easements and all rights under
mineral deeds and Leases heretofore granted or assigned and recorded in the
records of Lubbock County and subject to the right of Lessor to develop and
explore for oil, gas or other minerals on said Land.
(d) At any time after thirty (30) days written notice to Lessee, Lessor may enter
upon the property, or any part thereof and may repossess the same and expel
the said Lessee, and those claiming under him and remove his effects, without
being taken or deemed guilty of any manner of trespass; provided that Lessee
shall be entitled to a reasonable amount of compensation of expenses incurred
by him for the production of crops prior to the date of delivery of' said written
notice by Lessor.
5. Default. In the event Lessee or Lessee's agents violate any covenant in this
Lease or any applicable federal, state, or local laws; or if Lessee abandons the
property, in the sole determination of Lessor, then Lessor's representative may
give Lessee a written notice of default; Lessee shall then be entitled to twenty (20)
days in which to cure the default. In the event Lessee fails to cure the default then
Lessor shall have the option to immediately terminate this Lease and Lessee shall
have no further right to the property, or proceeds or crops therefrom. In the event
Lessor shall waive any default in any covenant contained in this Lease, such
waiver shall not be deemed to be a waiver of any other default.
6. Notice. All notices to be given under this agreement shall be given by certified
mail or registered mail, addressed to the proper party, at the following addresses:
Lessor
City of Lubbock
Attn: Property Manager
Box 2000
Lubbock, Texas 79457
Lessee
Andrew Adams
7327 East FM 40
Lubbock, Texas 79407
7. Time of the Essence. The parties hereto agree that TIME IS OF THE ESSENCE
with respect to the performance of all terms, conditions, obligations, and
covenants of this Lease agreement.
8. Insurance. Farm/Ranch Owners' Liability Insurance. Lessee shall have
Farm/Ranch Owners' Liability Insurance with limits of $500,000 combined single
limit in the aggregate and per occurrence. The Lessor shall be named as an
additional insured in such policy.
LESSEE:
By:-0-1- eoL-le
Andrew Adams
7327 East FM 40
Lubbock, Texas 79407
Chad/Contracts-Agreements/Cash Farm Lease Agrmt-Andrew Adams
January 5, 2012
LESSOR:
By:
TOM MARTIN, MAYOR
ATTEST:
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ebec Garza, City Secretary ("��
APPROVED AS TO CONTENT:
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Marsha Reed, P.E., Chief Operation Officer
Dave Booher, Right -of -Way Agent
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
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CARL C. RASMUSSEN TRUST
VOL. 2654, PG.153
P.O.B. .
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29-W&ITY ESMy.
W VOL, 466, PG, 417
• 1r11"
45.04 ACRES
CITY OF LU980CK
PARENT TRACT
VOL. 2J92, PG. 91
,4wtN 42•44'48" IN 242.60•
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BEARINGS ARE BASED ON LAMBERT GRID, NAD83, TEXAS NORTH CENTRAL
ZONE. WITH THE WEST LINE OF SECTION 2, BLOCK B AS BEING S 1. 46'50" W
DISTANCES SHOWN ARE SURFACE VALUES.
This survey and 0informotion hereon is for the exclusive use of
CITY OF LUBBOCK
and shall not be copied or used except for the purpose for which
it is expressly furnished. This drawing and all copies (partial or
complete) shop be returned to the owner upon demand.
NO ATTEMPT HAS BEEN FADE AS A PART OF THIS BOUNORY SURVEY TO OBTAIN OR SHOW
DATA CONCERNING EXISTENCE, SIZE, DEPTH, CONDITION, CAPACITY, OR LOCATION OF ANY
UT0.1TY OR MUNICIPAL/PUBLIC SERVICE FACILITY, FOR INFORMATION REGARDING THESE
UTILITIES OR FACILITIES, PLEASE CONTACT THE APPROPRIATE AGENCIES OR OTHER SURVEYS
SURVEYOR HAS MADE NO INVESTIGATION OR INDEPENDENT SEARCH OF EASEMENTS OF
RECORD, ENCUMBRANCES, RESTRICTIVE COVENANTS, OWNERSHIP TITLE EVIDENCE, OR
ANY OTHER FACTS WHICH AN ACCURATE AND CURRENT TITLE SEARCH MAY DISCLOSE.
Resolution No. 201.2-ROO54
N
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S
SCALE: 1" - 400'
PLAT DATE:2-24-10
A LEGAL DESCRIPTION OF EVEN SURVEY DATE
HEREWITH ACCOMPANIES THIS SURVEY PLAT.
SURVEYED ON GROUND FEBRUARY 23,25-26.2010
GARY D. WILSONLI
REGISTERED PROFESSIONAL LAND SURVEYO
NO. 4239, STATE OF TEXAS
0
DATE:•
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PAGE 1 OF 3
PLAT OF SURVEY
ON A
45.04 ACRE TRACT OF LAND OUT OF
THE S.W. III Of SECTION 2, BLOCK S.
LUBBOCK COUNTY,TEXAS
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URVR"gi�l"rProh]]767364N. ]ui14 701 • Lurse44, in4a THiI
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F.S 467 P.27-28
37,025
Resolution No. 201.2-R0054
WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS • NEW MEXICO * ARIZONA • NEVADA • UTAH
LEGAL DESCRIPTION'
Page 2 of 3
Field notes on a 45.04 acre tract of land being out of all that part of the Southwest 1/4 of Section 2, Block
B, Lubbock County, Texas, lying North of the Fort Worth & Denver South Plains Railway Company
(currently the Burlington Northern & Santa Fe Railroad Company), said right of way being described in
Volume 125, Page 390 and Volume 140, Page 281, Deed Records of Lubbock County, Texas and this
45.04 acre tract being more particularly described by metes and bounds as follows:
Beginning at a -%' Iron pipe found for the Northwest corner of said Southwest 1/4 of Section 2, Block B,
and for the Northwest corner of this 45.04 acre tract, whence the Southwest corner of said Section 2,
Block B, a found 1" Iron pipe, bears South 1046'50" west, a distance of 2644.22 feet;
Thence South 88011'11" East, along the North line of said Southwest 1/4, a distance of 2219.79 feet to a
4"x4" concrete monument, found on the Northwesterly right of way line of said B.N. & S.F. R.R. Co., for
the Northeast corner of this 45.04 acre tract;
Thence South 47011'29" West, along the Northwesterly right of way line of said B.N. & S.F. R.R. Co., a
distance of 1391.42 feet to a'h" iron rod with cap, set for a corner of this 45.04 acre tract;
Thence North 42°48'31" West, along the right of way line of said B.N. & S.F. R.R. Co., a distance of 50.00
feet to a 1/2" Iron rod wlth cap, set for a corner of this 45.04 acre tract;
Thence South 47011'29" West, along the Northwesterly right of way line of said B.N. & S.F. R.R. Co., a
distance of 1012.90 feet to a 1h" Iron rod with cap, set for the most Southerly corner of this 45.04 acre
tract;
Thence North 42046'02" West, a distance of 73.42 feet to a 1h" iron rod with cap, set for a corner of this
45.04 acre tract;
Thence North 11031'16" West, a distance of 439.27 feet to a %' Iron rod with cap, set for a corner of this
45.04 acre tract;
Thence North 23046'52" West, a distance of 347.02 feet to a Vh" iron rod with cap, set for a corner of this
45.04 acre tract;
Thence North 421144'48" West, a distance of 242.60 feet to a yi" iron rod with cap, set on the West line of
said Section 2, Block B, for a corner of this 45.04 acre tract;
Thence North 1"46'50" East, along the West line of said Section 2, Block B, a distance of 687.73 feet to
the point of beginning.
Containing 45.04 acres of land.
#37,025
(806) 792-4731 * Fax (806) 792-1646.3330 70th Street, Suite 201 • Lubbock, Texas 79413
WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS * NEW MEXICO a ARIZONA • NEVADA • UTAH
Page 3of3
Notes:
1. Bearings are based on Lambert Grid, NAD83, Texas North Central Zone,
Section 2, Block B as being S 1046'50" W
2. Distances shown are surface values.
3. Surveyed on the ground February 23,25-26, 2010
4. A survey plat of even date herewith accompanies this legal description.
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Gary D. Wilsy
440
Registered Professional Land Survey
••• .. b.e....000a.� •••
. GARY N
No. 4239 State of Texas
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Date:
with the West line of
Fb,#467 P9.27-28 #37,025
(806) 792-4731 • Fax (806) 792-1646.3330 70th Street, Suite 201 - Lubbock, Texas 79413
Resolution No. 2012-R0054
Proposed Farm Lease in Portions of the SW 1/4 of Section 2, Block B
and E 1/2 of Section 3, Block B
0 300 600 900 12001500
Survey Feet
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