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HomeMy WebLinkAboutResolution - 2000-R0389 - Termination Of Lease And Agreement To Vacate - Ricky D. And Ronnie Neal - 10/26/2000Resolution No. 2000-RO389 October 26, 2000 Item No. 27a 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 Termination of Lease and Agreement to Vacate between the City of Lubbock, and Ricky D. Neal and Ronnie Neal, and any other 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 Council. Passed by the City Council this 26th day of Octobe4, 2000. WINDY SIT N, . A R APPROVED AS TO CONTENT: Ed Bucy Right -of -Way Agent APPROVED AS TO FORM: Richard K. Casner Natural Resources Attorney RKC;cp Cedocs/COL-Neal-TenninateAgreement.Res October 19, 2000 Resolution No. 2000-80389 October 26, 2000 Item No. 27a TERMINATION OF LEASE AND AGREEMENT TO VACATE This Termination of Lease and Agreement to Vacate (the "Agreement") is entered into this 26t' day of October, 2000, between the City of Lubbock, a Texas home -rule municipal corporation (the "City") and Ricky D. Neal and Ronnie Neal (collectively, the "Lessee"). WITNESSETH WHEREAS, pursuant to Farm Lease dated on or about January 1, 1990, American State Bank, Trustee of the Ralph Lindsey, Jr. Testamentary Trust (the "Lessor") leased all or a portion of those lands described on Exhibit "A" attached hereto (the "Lands") to Ricky D. Neal for agriculture purposes; WHEREAS, by letter dated July 31, 1992, Lessor extended the term of the Lease to year to year until either party gives written notice of termination; WHEREAS, pursuant to the agreement between Ricky D. Neal and Ronnie Neal, as consented to by Lessor, Ronnie Neal is now farming the Lands on behalf of the Ricky D. Neal; WHEREAS, the City has entered into a Contract of Sale (the "Contract"), with Lessor and Tommyesue Lindsey Slaughter (collectively, the "Seller"), contemplating the purchase of the Lands by the City; WHEREAS, it is the intention of the City to construct a firing range upon the Lands necessitating (i) the abandonment upon Closing of the purchase of the Lands by the City, as contemplated by the Contract of Sale (the "Closing") of that portion of the Lands as described on Exhibit "B" attached hereto (the "Construction Site"); and (ii) all of the Lands, less and except the Construction Site (the "Remaining Lands"), on or before December 31, 2000; WHEREAS, the Lessee agrees and desires to terminate the Lease in all respects insofar as same covers the Construction Site and to vacate the Construction Site, effective upon Closing and to terminate the Lease in all respects, insofar as same covers the Remaining Lands and to vacate the Remaining Lands, effective as of December 31, 2000 or upon the harvest and removal of the existing crop of cotton from the Remaining Lands, whichever is the earlier to occur. NOW, THEREFORE, for and in the consideration of Two Thousand and no/100 Dollars ($2,000.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Ricky D. Neal, Ronnie Neal and the City of Lubbock hereby agree as follows: Agreed to as of the date of execution of the parties below, but effective for all purposes October 26, 2000. CITY OF LUBBOC • LESSEES: F WINDY SIT N, AYOR RICKY D EAL Date: October 26, 2000 0 L&wj� Darnell, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right-of-way gent APPROVED AS TO FORM: Richard Casner, Natural Resources Attorney cpALindseySiaughter-TerminationLeaseAgreementV acate October 18, 2000 RONNIE NEAL Date: 10 - ) D — ou Resolution No. 2000-RO389 EXHIBIT "A" The following described tracts or parcels of land lying and being situated in Lubbock County, Texas, to -wit: METES AND BOUNDS DESCRIPTION OF A 345.85 ACRE TRACT OF LAND IN SECTION 47 BLOCK P, AND SECTION 13 BLOCK D-6, LUBBOCK COUNTY, TEXAS BEING ALL OF THAT 349.67 ACRE TRACT DESCRIBED IN VOLUME 1379 PAGE 113 OF THE DEED RECORDS OF LUBBOCK COUNTY, TEXAS LYING NORTH OF STATE HIGHWAY 114 as DESCRIBED IN VOLUME 1442 PAGE 592 OF SAID RECORDS AND FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT A'/2" IRON ROD WITH CAP SET AT THE NORTHWEST CORNER OF SAID 349.67 ACRE TRACT IN THE NORTH LINE OF SAID SECTION 47 AND THE CENTERLINE OF A COUNTY ROAD 6500 FOR THE NORTHWEST CORNER OF THIS TRACT FROM WHENCE THE NORTHWEST CORNER OF SAID SECTION 47 AS HELD ON THE GROUND BEARS S 89054'00" W A DISTANCE OF 1750.35 FEET; THENCE N 89054'00" E, ALONG SAID CENTERLINE AND SAID SECTION LINE, AT A DISTANCE OF 747.3 FEET PASS A FOUND 1" IRON PIPE, IN ALL A DISTANCE OF 1746.5 FEET TO A'/2" IRON ROD WITH CAP SET AT THE NORTHEAST CORNER OF SAID 349.67 ACRE TRACT FOR THE NORTHEAST CORNER OF THIS TRACT; THENCE S 0006'50" E, ALONG THE EAST LINE OF SAID 349.67 ACRE TRACT, A DISTANCE OF 8642.4 FEET TO A %2" IRON ROD WITH CAP SET IN THE NORTH RIGHT OF WAY LINE OF SAID HIGHWAY 114 FOR THE SOUTHEAST CORNER OF THIS TRACT, THENCE NORTHWESTERLY, ALONG SAID RIGHT OF WAY LINE AND A CURVE TO THE LEFT HAVING A RADIUS OF 11509.16 FEET, A CHORD BEARING OF N 88034'30" W AND A CHORD DISTANCE OF 244.8 FEET TO A'/2" IRON ROD WITH CAP SET FOR A CORNER OF THIS TRACT; THENCE N 89011'00" W, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 1502.0 FEET TO A 5/8" IRON ROD FOUND AT THE SOUTHEAST CORNER OF THAT 228.69 ACRE TRACT DESCRIBED IN VOLUME 4202 PAGE 181 OF SAID RECORDS; THENCE N 0°06'50" W, ALONG THE WEST LINE OF SAID 349.67 ACRE TRACT, AT A DISTANCE OF 5701.0 FEET PASS THE NORTHEAST CORNER OF SAID 228.69 ACRE TRACT FROM WHENCE THE SOUTHEAST CORNER OF THAT 117 ACRE TRACT DESCRIBED IN VOLUME 643 PAGE 431 OF SAID RECORDS BEARS WEST A DISTANCE OF 1.2 FEET, IN ALL A DISTANCE OF 8611.8 FEET TO THE NORTHEAST CORNER OF SAID 117 ACRE TRACT AND THE PLACE OF BEGINNING. RKC:cp L:1Cityatt\Richard\Exhibit-A-Slaughter-Neal October 19, 2040 Resolution No. 2000-RO389 EXHIBIT "B" Being approximately thirty three (33) acres of land, located in Section 13, Bloch D-6, Lubbock County, Texas, and being a portion of that certain 345.85 acre tract described as follows: METES AND BOUNDS DESCRIPTION OF A 345.85 ACRE TRACT OF LAND IN SECTION 47 BLOCK P, AND SECTION 13 BLOCK D-6, LUBBOCK COUNTY, TEXAS BEING ALL OF THAT 349.67 ACRE TRACT DESCRIBED IN VOLUME 1379 PAGE 113 OF THE DEED RECORDS OF LUBBOCK COUNTY, TEXAS LYING NORTH OF STATE HIGHWAY 114 as DESCRIBED IN VOLUME 1442 PAGE 592 OF SAID RECORDS AND FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT A/2" IRON ROD WITH CAP SET AT THE NORTHWEST CORNER OF SAID 349.67 ACRE TRACT IN THE NORTH LINE OF SAID SECTION 47 AND THE CENTERLINE OF A COUNTY ROAD 6500 FOR THE NORTHWEST CORNER OF THIS TRACT FROM WHENCE THE NORTHWEST CORNER OF SAID SECTION 47 AS HELD ON THE GROUND BEARS S 89054'00" W A DISTANCE OF 1750.35 FEET; THENCE N 89054'00" E, ALONG SAID CENTERLINE AND SAID SECTION LINE, AT A DISTANCE OF 747.3 FEET PASS A FOUND 1" IRON PIPE, IN ALL A DISTANCE OF 1746.5 FEET TO A I/2" IRON ROD WITH CAP SET AT THE NORTHEAST CORNER OF SAID 349.67 ACRE TRACT FOR THE NORTHEAST CORNER OF THIS TRACT; THENCE S 0006'50" E, ALONG THE EAST LINE OF SAID 349.67 ACRE TRACT, A DISTANCE OF 8642.4 FEET TO A'/2" IRON ROD WITH CAP SET IN THE NORTH RIGHT OF WAY LINE OF SAID HIGHWAY 114 FOR THE SOUTHEAST CORNER OF THIS TRACT; THENCE NORTHWESTERLY, ALONG SAID RIGHT OF WAY LINE AND A CURVE TO THE LEFT HAVING A RADIUS OF 11509.16 FEET, A CHORD BEARING OF N 88034'30" W AND A CHORD DISTANCE OF 244.8 FEET TO A %" IRON ROD WITH CAP SET FOR A CORNER OF THIS TRACT; THENCE N 89°11'00" W, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 1502.0 FEET TO A 518" IRON ROD FOUND AT THE SOUTHEAST CORNER OF THAT 228.69 ACRE TRACT DESCRIBED IN VOLUME 4202 PAGE 181 OF SAID RECORDS; THENCE N 0°06'50" W, ALONG THE WEST LINE OF SAID 349.67 ACRE TRACT, AT A DISTANCE OF 5701.0 FEET PASS THE NORTHEAST CORNER OF SAID 228.69 ACRE TRACT FROM WHENCE THE SOUTHEAST CORNER OF THAT 117 ACRE TRACT DESCRIBED IN VOLUME 643 PAGE 431 OF SAID RECORDS BEARS WEST A DISTANCE OF 1.2 FEET, IN ALL A DISTANCE OF 8611.8 FEET TO THE NORTHEAST CORNER OF SAID 117 ACRE TRACT AND THE PLACE OF BEGINNING. The said thirty three (33) acre tract being located in the Southwest portion of the above- described tract, and being described as follows: BEGINNING at the southwest corner of the above-described tract of land; Thence north along the west boundary of the above-described tract 1,200 feet; Thence east 1,200 feet; Thence south 1,200 feet; Thence west along the north right-of-way line of said Highway 290 and the south boundary of the above-described tract 1,200 feet to the POINT OF BEGINNING; containing approximately 33 acres. RKC:cp L:\Cityatt\Richard\Exhibit$-LindsrySlaughter.doc Octohcr 18, 2000 1. Ricky D. Neal and Ronnie Neal herein terminate the Lease, effective as of the date of Closing, insofar as the Lease covers the Construction Site, being that portion of the Lands described on Exhibit "B" attached hereto. Further, Ricky D. Neal and Ronnie Neal herein agree to immediately vacate the Construction Site upon Closing and relinquish any and all right, title and interest in and to the Construction Site, including without limitation, any right, title or interest in and to any crop grown thereon. 2. Ricky D. Neal and Ronnie Neal herein terminate the Lease, effective December 31, 2000, or the date in which the now existing crop of cotton is harvested and removed from the Remaining Lands, whichever is the earlier to occur. Further, Ricky D. Neal and Ronnie Neal herein agree to immediately vacate the Remaining Lands as of such date and relinquish any and all right, title and interest in and to the Remaining Lands, including without limitation, any right, title or interest in and to any crop grown thereon. 3. Notwithstanding anything to the contrary, the Lease shall terminate and expire in its entirety as to all lands covered thereby on December 31, 2000, if not terminated sooner pursuant to the terms hereof. 4. The Agreement set forth herein is conditioned upon the Closing of the Contract of Sale, and the consummation of the purchase of the Lands by the City, on or before December 31, 2000. In the event said Closing and consummation of the purchase of the Lands by the City shall not occur by such date, this Agreement shall be null and void in all respects. In the event the Closing shall occur on the Contract of Sale and the City shall consummate the purchase by such date, this Agreement shall be valid and subsisting and enforceable in all respects by all parties hereto. 5. Lessee acknowledges that they have read and understand all provisions of this Agreement and that the monetary consideration expressed herein is sufficient for such Agreement. The monetary consideration expressed above shall be payable to Lessee, jointly, upon Closing. 6. The Lease shall terminate as set forth in this Agreement and any holding over by Ricky D. Neal or Ronnie Neal, or permitted assignees thereof, after said Lease expires, shall not constitute a renewal of the Lease or give Ricky D. Neal, Ronnie Neal or permitted assignees thereof, any rights under the Lease or the Lands.