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HomeMy WebLinkAboutResolution - 714 - Farm Permit & Release Agreement - LD Phillips - SW 1/4 Of Sec 6, Block D3 - 02/12/1981RESOLUTION #714 - 2/12/81 JWF/pg 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 Farm Permit and Release Agreement with L.D. Phillips attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12thday of February 1981. r 4 AR BI STE , MAYOR ATTESfi (V Ar -21-. CM2,61 ;gee _ velyn Gfiffgfiv Ci eM APPROVED AS TO CONTENT:: tary-Treasurer 1 P-1. -t J/ I, .tet Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: J. U h Fullingim, Assistant CitfAttorney STATE OF TEXAS COUNTY OF LUBBOCK FARM PERMIT AND RELEASE § RESOLUTION #714 - 2/12/81 �GMWVY �Mr Whereas, the City of Lubbock, a home rule municipality located in Lubbock County, Texas, herein called "City" is in the process of purchasing a portion of the Southwest 1/4 of Section 6, Block D-3, Lubbock County, Texas, except 2.92 acres in the Northwest corner thereof from the present owners, namely Bobbie Boyd Rawdon and husband, Don Rawdon, which purchase is expected to be consumated and completed on or about February 13, 1981, such land to be principally used for a City water storeage reservoir; and, Whereas, L.D. Phillips is the present farm tenant occupying said land, hereinafter called "Tenant"; and, Whereas, City and Tenant find it mutually to the benefit of each other, and City finds it to the public interest for City and Tenant to contract and agree as hereinafter set forth, City and Tenant, in consideration of the mutual agreements hereinafter set forth to be kept and performed, do hereby contract and agree as follows: I. The term of this agreement shall be from February 13, 1981 or the date whenever City becomes the owner of the property herein concerned by consumation and completion of the purchase thereof, whichever date shall first occur until or extend as necessary to harvest the crop, '�lfP December 31, 1981,/which date is the end of the term herein contemplated. / II. Tenant is permitted to farm the 29 acres of land and 57 acres of land shown on the plat or map attached hereto and made a part hereof as "Exhibit All, and Tenant is allowed to retain the revenues from the farm crops raised on said acreage during the term of this agreement. Tenant shall pay all expense of farming said acreage, and any land farmed by Tenant under the terms of this agreement. Tenant is hereby allowed to farm the remaining land surrounding the proposed City water reservoir site (as shown on Exhibit A hereto attached), /and Tenant agrees that he will practice weed and erosion control on such re- maining land, and Tenant shall be entitled to retain the revenues from farm crops on such surrounding land as his property; provided however, that Tenant shall farm such remaining land at his own risk of crop loss in that contractor or contractors for the City, and City employees, agents, officials, representatives, and servants shall be allowed to cross such farm crops with such vehicles, equipment, materials, and personnel necessary to construct the proposed water reservoir storeage site as contemplated by City without being liable to Tenant in whole or in part for such crop loss, and Tenant agrees to hold the City harmless of and from any and all claims for such crop losses arising out of his farming operations on such remaining land as aforesaid. Tenant is to pay all expenses of his farming operations. Tenant, in consideration of being allowed to retain farm crop revenues as aforesaid as his property, herewith.agrees to release his interest in his tenancy with the present owners being Bobbie Boyd Rawdon and husband Don Rawdon (as above mentioned), and further agrees to move (at his expense) a mobile home and all his farm equipment and property: -of any others from the premises forthwith as and when requested to so do by the City. The City hereby determines that Tenant's release of tenancy, and agreement to move his mobile home and farm equipment as next -above set forth, and to maintain erosion and weed control as set forth in Section II hereof is adequate consideration for his retention of farm crop revenues for the term of this agreement, and that such arrangements are in the public interest, health and welfare, being in aid of completion of the water reservoir storeage site construction project as herein contemplated by the City. IV. The term of this agreement shall end as aforesaid on December 31, 1981, and Tenant agrees to yield up peaceful possession of premises herein concerned (specifically being property shown on Exhibit A hereto attached) at the end of such term without any notice requesting possession being given to Tenant by City. V. The property herein concerned is United States Government A.S.C. Farm No. 1765, and all applicable farm crop allotments concerned with such farm shall become the property of the City at the end of the term of this agreement without the necessity of a transfer of such crop allotments by Tenant to City. Executed as of the 13th day of February, 1981. 10 ,/-jALIL L. D. PHILLIPS, Tenant CITY OF OCK 'j/ BILI'McALISTER, MAYOR ATTEST, Evelyn Ga , a, -Citf Treas . APPRDVED`AS TO CONTENT: Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: r J. W rth Fullingim, Asst. City ttorney STATE OF TEXAS COUNTY OF LUBBOCK Before me, the undersigned authority, on this day personally appeared BILL McALISTER, MAYOR of the City of Lubbock known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated as the act and deed of the City of Lubbock. GIVEN.UNDER MY HAND AND SEAL OF OFFICE, this the day of , 1981. Notaky Public, Lubbock County, Texas THE STATE OF TEXAS 4 1 4%-) "e�� /4a -&j COUNTY OF LUBBOCK Before me, the undersigned authority, on this day personally appeared L.D. Phillips known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this thel-4 day of 4 FPzj , 1981. Notary Public, Lubbock County, Texas exl*SA 540 Cl 77 r.A /000/ 1' m&..- Norma/ S. el 329 3.0 c Im /000/ m&..- Norma/ S. el 329 3.0 c ffx , 5 724' .0 , F/ow 1% LU46BOCK TEPAVAUL 6TOk'