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Home My WebLink AboutR86-108RESOLUTION NO. R86-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS AUTHORIZING THE MAYOR TO EXECUTE A GROUND LEASE AGREEMENT WITH DR. DANA SEGLER AT THE PLAINVIEW-HALE COUNTY AIRPORT. WHEREAS, Dr. Dana Segler has expressed an interest in a ground lease at the Plainview-Hale County Airport; WHEREAS, the Plainview-Hale County recommended that said ground lease be executed; Airport Board has WHEREAS, a copy of said ground lease is hereby attached and made a permanent part of this resolution. NOW, THEREFORE BE IT RESOLVED by the Mayor and the City Council of Plainview, Texas hereby authorizes the Mayor to enter into a Ground Lease Agreement at the Plainview-Hale County Airport with Dr. Dana Segler with the effective date of the Lease to be February 1, 1985. BE IT FURTHER RESOLVED, that said agreement is subject to the approval of the Commissioners Court of Hale County. PASSED AND APPROVED this the 13th day of May, 1986. E.V. RIDLEHUBER, Mayor ATTEST: SHERY~ OWEN, Interim City Clerk THE STATE OF TEXAS COUNTY OF HALE AIRPORT GROUND LEASE AGREEMENT KNOW ALL MEN BY THESE PRESENTS· that this lease agreement is made and entered into this day of and between the CITY OF~ PLA~NVIEW a~d HALE COUN19~Ty · , by hereinafter referred to as LESSOR· and Dr Dana Seqler, hereinafterTE--XAS referred to as LESSEE. · , WITNESSET~: 1. DEFINITIONS: -Unless from the context a different meaning is apparent· the ~ollowing terms as used in this agreement shall be defined as follows: a. LESSOR shall mean, PLAINVIEW-HALE COUNTy AIRPORT, CITy OF PLAINVIEW AND HALE COUNTy, TEXAS. b. LESSEE shall mean Dr. Dana Segler. c. PERSON shall mean an individual association or corporation. , partnership· .firm, d. FAA shall mean the Federal Aviation Administration. e. AIRPORT MANAGER shall mean the person having immediate charge and control of the PLAINVIEW-HALE COUNTY AIRPORT. f- FIXED BASE OPERATOR· and/or COM~ERCIAL OPERATOR shall mean any person entering into any PLAINVIEW-HALE. COU~Ty AiRPOrT.COmmercial business or service at-the g- AIRPORT BOARD shall mean the board created by the CITY OF PLAINVIEW and HALE COUNTY· TEXAS, three of whose members were duly appointed by the CITY OF PLA/NVIEW, three members duly appointed by the COUNTY OF HALE and one additional member elected by that board· such board having authority to and control of normal administrative and governmental regulation of the PLAINVIEW-HALE COUNTY AIRPORT. h. AIRPORT shall mean the PLAINVIEW-HALE COUNTY AIRPORT, which is located adjacent to the south boundary of the Plainview City Limits. 2. DEMISE OF LEASED PREMISES rents : LESSOR for and in consideration of · covenants and promises herein contained to be kept, performed and observed by LESSEE, does hereby lease and demise to LESSEE· and LESSEE does hereby rent and accept from LESSOR· that real property described in Exhibit A is attached hereto and incorporated herein and made a part hereof for all purposes. TO HAVE AND TO HOLD the said leased premises, together with all rights, privilege easements, appurtenances and immunities belonging or in any way appertaining to said lease premises, including, but not limited to, any and all easements, rights, title and privileges of LESSOR now or hereafter existing in, to or under adjacent streets, sidewalks, alleys, party wallS and property contiguous to the leased premises and reversions which may hereafter accrue to LESSOR as owner of the leased premises by reason of the closing of reet, sidewalk or-alley. any st . ----~ shall commence nd end on the 31st day of TERM The original term of this agreem~ 3. LEASE - 1985, a he o tlon to .~~y of ~' _~ ~ESSEE shall have ? ~-- ~,~st January, ~99%, a u~zT ~_~=~ ~dditional te~n yea~- ~ of the extena u~,= ~_eem be in writing to LESSOR ninety (90) days prior 'to expiration original term. It is mutually understoodto execution that fees of and the rentals extension, paid the - - _~ narty wishing to renegotiate provides the other LESSOR may be renegotiated prior ration of the provided tna~ ~z~,.~ = party written notice thirty (30) days prior to expi original lease period. um of $102.00 per year, based _. - =hall be the s ~ .h~ buildings, L- The rental ..... r a coverea ~ 4. RENTA - f the a e a able in .~-- =~uare foot o ...... ~t A- per year, ? Y str~ctures ~nS~e~ except as descrl~ea ~r~day of each mont~ twelve equaz ~ ~," ents due t~e ~C_ ~irst day ct · such paym 'nin un= described below._ is agreement~begln g ~ h day of each · . eriod of th on the te..t . durln the P ...... ~m~red' Qast Gue . _ ~ ~neml rates will February,_ 1985,_~_ ~to mutually agree tna month. The par=z~ · be inning the first day of - ~-~ ,,oward for each ye~__ T~ the rise in ~, 19~8_6,1a~r,U~au=r~ Labor. ~tl~ ~'~rease, index Department of. L__ this' Cost of LlV g _ - -a-~ent(S) each As a Dace. ~uz ' be used. Firs= P x'" ' 'n Index. - ......... , 1985 will --~il Cost of LlVl g · a oI'~' ----- d' ears ures s e rece lng Y . ' 'n ayments flg . -- ~ ~=~e as th P -. ~h remalnl g P _- ear will De u~=~.2-m calculated, atter w~*~_=:~on any AIRPORT Y · eceiveu =~ ' ~e. In a~umuz , er Index is r ...... ~=orb the reis - - - ent of N/_~A.P will b? ~l~late5 ~u ~rented to LESSE~.z°r dP~sYmabOve to ra%S~S owned Duild*,,qs .~ .~= ~is agreement, ad3ust~= ~,, are described month d~r,is~g o~B%i%~~nd~, i such be~llbd~n~, ~uctures and~ in the c? 2 , ~ w4th LESSEE own · i-- or decrease in Exhibl:? A_ ~l~ng -- es the right tg_ lnc~_ =re to be made .=nks. The hESSOR ~ese~v ..... ~eases. Ail pa!n~_~.~DORT. 1000 ..... ar ed in zuture n=~ ~ ER HALE coua~x ~ .... . - tion rentals ch .g _= ~ IRPORT MANAG , -- =--~ er consldera _ at the off%ce u%.~..~w Texas 79072. ^%-t~t~ed in Exhibit A 'a F£~v~ ' r ~~ · South colu~.~i ,__ ~A control of prop~ 5~ --A/or maintain any ~nd ~ LESSEE'S usu =~, ...... s to instalz =~=f ...... in~_ curds, ~.=~h~dhere=o, ~ _ m--~4~=me lnsu=~=~ ' .... ~ n~ SEE existing a~=/~ ~ er or above. ~=~_~% ~ 's a part cz all . -=~-- ~ine~ on, und _ ==_~ ~ Exhibit A 1 . lslan~ , ropert¥, 'clone here - ~.,~, cOLE EXPENSE-. The P _.--.~ct to the provl .... Aditiona1 .h~--__u.~w'S lease agreement · ' A is leased to L~S .... ~ recuirements =- - =-- ------j perty-descr}beat 3 stallatl°n and malnt=~=~.~ - described above. -2- 5. UTILITIES: LESSEE shall Pay the cost of installation of all new sanitary sewer lines, water lines, electric, gas, telephone and other utilities lines and services from LESSEE's facilities to the point of connection to the existing Utility services. LESSEE shall, at its own expense, pay costs incurred in the maintenance of all existing utility lines from LESSEE's facilities to the point of connection of Utilities. LESSEE shall pay all utility service and maintenance costs. 6. PURPOSE: LESSEE shall have the right to develop and construct a hangar and shall not have the right to use the leased premises for any other purpose without the prior written consent of the PLAINVIEW-HALE COUNTY AIRPORT BOARD. 7. LIEN: It is agreed th ~r~ht to create a lien ~=~EE ~hall have an ~ ~- - . ~ u~ any and · ~ ~~ and a s . .~ ~ hereby given all bulldln . . ecurlty lnte placed or constru ~ A_ ~ gs ~nd improvement rest in all or ct~ u~ ±eased AI~D~ --- ~ P~aced, caused t .... ~ p~oPerty Dy LESSEE. o be 8. IMPROVEMENTS. It is . structures and"--~'m-- expressly unders~ shall remain ~mproveme~ts placed on ~uuu ~d a~reed that a · u~ pro e the prams 11 l~provement to anot~PJ~%~f LESSEE, and E see ~D~y the LESSEE . or the ~ . -,=~ ~o~ or remove the s~ SSEE ,,ay sell such ease if the LESSEE is not dellnquen~eu~e the termlnatlonhereof and subject to LESS ~f~er such remo _~E S restorin ~ .r the terms o pad ~ ......... vai. LESSEE sha~ g and cl=anln th · · ' - ~=~ or ark' ~ ~ot remove an g ~ Pre~ls=~ which are P _lng area. A Y concret= as · not remov ny structur . · Phalt ~rmlnation of the ~_3~ LESSEE within nin~ ~, l~provements ~_~operty of LES~~ ~m, or other ter~%%%~u; .~a~s after ~uR shall be ~onst~_i~~z improvements made~u~j Shall become · ~d? as adopted ~ .... ~ in compliance w~ ~ .~n~_ property of L~ to the PLAINV~ '--- p operty covere~ ~ - d all ~u~en a~r .... ~ -- ~--n~ COt~t~ .... ~ hereby must structures =.~_~ alned Prior to c ..... 0RT BOARD and above qrou,a , .... ~pr?vements and/or _ ~ o~ constructio Usual i --- ~SE shall Day ~ ~_ ~.acement o~ tank~ ,,.~_~ of nd customary charge ~~ ux*~.UltY of Plainv~-. ~u,,u¢~ or compliance 't~ · = ~¢ ~nspectlon made b~, t~-~f ~exas, the BOARD, CITY ~ LA~Ewc.°des- The PLAINVIEW-H~L "~ ulty to assure f~ee access to the ~ro~-~UNTY OF_HALE and thai E .COUNT~_, AIRPORT thereon for *~ i.._ ~ ~=~uy COVered he~ ~. ~ AGENTS ~hall have ~'*= ~urpose of determini ~ -eby ~j~d ~o the improve s the plans and specifications approved by the AIRPORT BOARD and to n~ that construction confo~n~o determine if the building and other improvements are being maintained as required in the Lease Agreement. It shall be LESSEE,s responsibility to take such actions as are necessary to insure that the construction of improvements and any later maintenance Work is conducted' without interference to other LESSEES, the FAA and aviation activity which is the principal purpose of the maintenance of the AIRPORT. Any activity which interferes with or endangers aviation activity will be immediately discontinued when so required -3- by the AIRPORT MANAGER or any FAA official or any agent of the LESSOR. shall, at its sole cost and 9 MAINTENANce:. ~v-~miseS and the building, improvements . , ENANCE' iNSPECTION: LESSEE on leased expense, maintain ~ ~ - appurtenances thereto, including utility lines to and presentable condition consistent with good business other similar premises, in a practice and equal in appearance and character to improvements on said AIRPORT. LESSEE shall repair all damages to said premises; shall maintain and repair all equipment thereon, including any drainage installation, paving, curbs, islands, buildings, utility lines and improvements; and shall repaint its ed buildings, as necessary- own, or rent . ~=~-- of maintenance shall be the sole judge of t~e qu~zzu~ sSOR OR to LESSEE, LESSEE shall be LE . · tice by LESS eems necessary' If and upon wrztt~n n~ ....... =intenance LESSOR d required to perform wnauev=~ .... LESSEE within ten days after said maintenance ms not undertaken by , receipt of written notice and completed within a reasonable time LESSOR shall have the right to enter upon the premises and perform, or cause to be performed, the necessary maintenance, the cost of which shall be borne by LESSEE, and such cost shall be secured by a lien upon any improvements placed upon or previously owned by LESSEE- In the event of damage to or destruction of buildings an/or improvements owned by LESSEE, LESSEE shall either promptly restore such building and/or improvements to the condition existing before the damage or destruction thereof, or in the alternative, promptly remove the damaged or destroyed buildings and/or improvements leaving the property and premiSes clean and clear of all debris or rubble. : LESSOR reserves the right, but 10. MAINTENANCE .OF. P_,U%~IC~~ to maintain and keep in repair the ~EE, owned facilities of the shall no~ ~= ~ = all landing area of the AIRPORT and all publicly AIRPORT, together with the right to direct and control activities of LESSEE in this regard. . NON EXCLUSIVE: It is specifically understood that LESSEE does use a hangar at the 11 not ~ave the exclusive right to contract and AIRPORT and that LESSOR may enter into agreements with other parties to allow other buildings and facilities to be constructed on the AIRPORT without the agreement of LESSEE. · rstood and agreed by the .... . t is expressly un~e ~_~ = ~art of the AIRPORT 12. CONDITI~S'tha~ the leased premises ~ ~ = · . e leased premzses shall.not art~es hereto __ _ u ancy of th such. It.~s P . use and occ P 'd AIRPORT as . and that LESSE~ ~ ...... ith the use of s~l __~= hereto that this · an manner interred= ~ ~ =~eed by the pa~- in Y __~.. ,,~Gerstoou =*~= ~=- · future agreements also expres~= =-- any and all prior or lease is granted subject to made and entered into by and between any governmental agencies embracing said AIRPORT, and this 1ease~is not intended to, nor shall be construed to, change, alter, abrogate or modify any of such -4- agreements. It is further Understood and agreed by the parties hereto that this lease is subject to and subordinate to and controlled by Provisions, stipulations, COVenants and agreements contained in those certain contracts, agreements resolutions and actions of the PLAINVIEW-HALE COUNTY AIRPORT BOARD, constituting agreements between the CITY OF PLAINVIEW/COUNTY OF HALE, and LESSOR shall not be liable to LESSEE on account of any of the foregoing matters and all of such contracts, agreements, resolutions and regulations are incorporated herein by reference. to another indi ~..-~ Y not sublease p v.=u=a exce t ' any the LAINVIEW-HALE ~T,~,~. ~ with the part of leased premises ~vu~z a~RPORT BOARD express written approval of claims, demands or - grees to hold the LE~o~ - arisin d' causes of act' oou~ harmless =~ _ g lrectly or indi~-- . ion asserte~ ~ ....... from any therewith, n.~2~ une conduct of L~j~m_u Use of the b,~7~~ llabilit,, ~ ..... g the term of *~- . business in c ....... g C~ limits (Bodily i~'~=j~us o~ not less than-~ 33311 carry vu~,zz and th~ ~- ~uzy an~ 'Pro~ .... ~vv,uvO comb~n~ ~..~l~nal lnsured on s=-~ ~I.NVIEW, TEXAS. ='~; ,LEssOR, HALE ~n~sn LESSOR with ~ -£2~ ~o~cy of incur:%_3-~. ~e named as So±e discretion ~,~py or said insure ~-~, _an~_ LESSEE she insu ...... · ~ nave h~ ~4~ ~ nee POllcv n~c~ . 11 .... =~= unat the limits of 15. AERIAL APPROACHES: LESSOR reserves the right to take any action · it considers necessary to protect the aerial approaches of the AIRPORT against obstruction, together with the right to prevent LESSEE from erecting, or Permitting to be erected, any bU£1ding or other structures on or adjacent to the AIRPORT, which, in the opinion of the LESSOR, Would limit the usefulness of the AIRPORT or constitute a hazard'to aircraft. 16. ~,R~i~A~ON: LESSOR shall not terminate this LESSEE S f~ilure to cheer her~n ~m cee _va the terms . lease on acco · ? d on LE and Cond~ · . unt of d~nquencles ten SSEE, ~nless LESS ~lons and obllgati dullnquenci (10).days after r . E~ fa~ls to co r~ ~s · . es except fo ece~pt uf wri . r___= une Scont nue doin r such things not ce of such snail be c ...... ~tu~ activities ~ .... -t~==~ a dange~ _~ shall mea~ ~3u immediately T~e %-~* ~nlcn event the °r are :_ *~ unose thin~s ~=i _ - . u~rm ~erogator~ ..... ~=~znquency xnconvenient. An .... ~. ~nlcn hinder or rends- L'. ~t herein Used PLAINVIE _ ~ .no~lces to =~ avia=lo · · ., von~ W HALE COUNty ~ ..... LESSOR shall ~ ..... n activities D~-,~ ___d any notices to um~ 00. SOUTH COLUMBIa ..... to MANAGER, ~~G~ 2620¥7~NKE~~°~ s~all be maile~'~f~Q{_N~_IEw, TEXAS ~~%~_~ PLAINVIEW ....... uu &USSEE at no receipt re ..... ~-- P ties shall ~ ..... 9072. An~- ~-~ ~ and de~o~~%e~, addressed .... ~=._~ertlried Mail ,..~==~u.all = ~u=u in the un~ ~o.~pecltled her ' L -~un re=urn receipt showing - ~=u ~=ates Mail. Theeldn~teP%~ta~ prepaid delivery" to the addressee shall be considered~ une return the date on which notice was given. -5- is leased to LESSEE, . LESSOR ..... the time that land ~,~ for completion ~f 1. CONSTRUCT~I~' ~A~t ~o set time ~"~~ shall have t~e 7 ~l ht a ~o~ r ~ have the .g d roperty, a~ .... =~ b LESSEE fo~ shal ..... ~ on said lease ? ~= s~ace to u= ~d ~= .... tlon o~ right to _ ~,mment areas- . --- -ot been comple parking a~_ ~ e e leased pro~er Y ~_ ~uch event LE~SOR,__~.~ or · oveme R t~ · : · rt~er lm r . . LESSO , . ut fu .~-~ ~4~e limit set by.. = .... ,he right, wlt~o ..... 11 persons and -~t or attorney s~__ ~ises and remove ~.=_ ~ any m=nner of re-=**~ · ~eem== ~ . · LSb~u~ demand, to £__~t~, without being ~k =~ remedies which LESSEE'S pro¥=~ .% .... ~ ~re~udice ~u trespa~=, an~ wl~nu~ ~ ~ t have f~ breach of this contrac:~- SEE, for himself, his personalrt of therepresentativeS'considerati°n . oMPLIANCE: .LES _ assigns as pa _ ant running with 18- COMF~]~ ~nterest, and --~ as a coven _~ or success ..... ~ covenant a ~_ ~wmunds of ra , . ner=~-, j ,~=~ (1) no F=- .... ~o~_= ~om part~clpat~p~_ ~ *~e use national % ltn otherwise sub c?d [ oonstructlon .el_ ~ ---~: of. ~r be ,~ that ~,, ~z ._ ~ furnishing D~n~'~id facilities, ~.~ suCh land in ~,,~ color,' or ~_~mvements on, u~ '--~=mn o~ t~e giu~. _~ in- denle~ ~'"~'V - ~reon,,,~ no ~='~-U--=~ ~om~ partlClpau~y"_~k~ (3) that ervlce~ u . _ _ exc£~u~. ~ . · r~mln~u~,, ~- s ..... ~ ~ln =hall be ,__ .,,~ cted to disc -.~ il ~ther ~ ' of or o~ .... ~ 'see in cu~-~ of neflts , h= preml · 49 code b= all use t to Title , ice the LESSE s% by or pursuant,_ . Subtitled ' ' entS lmF~ ns or~a~,., ~_ all re ulrem _ t of Tr~ P. ._ · ~A, Feder Y _ · q . . = artmen . nat~on · f Title RegulationS, D P ~-r 21 Nondlscrlml --=~on Effectuatlon u __. ~e secretary, == of Transpor=~u~_ ~.~A ~ulations m=2 ~he .... = ~ the Departm~n~ 2= i~&4. and as ~=~ VI of the CiVil n~ the event of breach of any of the ~bove amended- That' in nts the LESSOR shall h~ve the right to vena , if said Lease ha~ never discrlmlnat~°~.l° hold the same ~s 't will under,aka_an n°n ~--~ the he~=~ and. ~cc~ assures thgt_~ _~. 152. Bubp=rt en ma~e am as req nde ot be . 'on rogr the grou · · 'n any . · .lve actl P ._~ hall on _ ' 1 atlng 1 =fflrmat ==-~ no person s __~..~A ~rom partlC P . to insure ~n=~=_~ ~r sex be exc~==~ t 152, Subpart E. The . . · = ered in 14 ~FR ~--~d on these grounds lor, °r~9~"' ~- national ent activities coy ' on shall De =Ac~ ~ benefits of any employm - ~=t no pers . . =~- =ervlc~ ~- - nESSEE assures /"~ =_ ~ receiving u~%= ~ _ _~eicipatlng ~ ~'-= ~- ~his subparu- ~rom m=-~ _==..~t~, covered wx program or acu~ = The LESSEE assures that it will require that its covered suborganizations provide assurances to the LESSOR that they similarly will undertake affirmative action programs and that they will require assurances from their suborganizations, as required bY 14 CFR, Part 152, subpart E, to the same effect. 19 iNSPECTION: It is understood and .agreed that LESSEE has caused .... . __ and improvements to be examined and takes the same the premises -6- without warranty, expressed or implied, as to the Condition thereof or the fitness thereof for the Uses by LESSEE. 20. ~OMMERCIAL_ PERMIT~: LESSOR shall have the right to establish and collect a CommerCial Operator Fee from any Person operating for hire from the PLAINVIEW-HALE COUNTY AIRPORT. This shall be an annual fee set by the PLAINVIEW-HALE COUNTY AIRPORT BOARD and shall be due and payable in advance on January 1st of the calendar year and shall be considered Past due on January 10th of that year. 21. ~RONOUN~: Where the terms LESSOR and LESSEE are Used, they shall mean and include the LESSOR, the LESSEE and their respective successors and assigns. 22. FUEL. . OVERRIDE: LESSOR shall have the ri n aviation ~uel pumped at · ght to le ?r c~sumptlon in a' ~he A~RPORT in hot ~? an. override be Pala the fiW~ _~rcra~t used in LESSE , h ~le to patrons an · ~ u~ ea E S opera ' . d be considered ~as~ =_ cn month for the ~ro~_~l°ns' This shall durin~ th~ ~-~-' u uue on the teneh ~,~==u~ng month and ~eep at its offic~ ~-~ .une rights, herei~ -~' au all times complete and ~-- ~n ~ialnview, Hale Count~ granted, LESSEE shall =ccuraue accou Y, Texas and use of aviation f ~ ~nt of all moneys rece' , a.full, true, u~ =u the PLA/NVIEW-=nr~ ~i~_b~ it from sale books, accounts and records shall be open"~Uand uuum'rXavailableAr~-to LESSOR, ~r~. SUch 'ortimes, its agents or representatives, for inspection at all reasonable LESSEE shall furnish to LESSOR an annual audit report reflecting all gross receipts received from the sale and use of aviation fuel at PLAINVIEW-HALE COUNTY AIRPORT. .23. ~FAULT: In the case of default in any of the COVenants herein, LESSOR may enforce the Performance. of this lease in any modes provided by law, and this lease may be forfeited at LESSOR,S discretion is such default continues for Period of ten days after LESSOR notifies said LESSEE of such default and his intention to declare the lease forfeited, such notice to be sent by LESSOR by U.S. Mail as prescribed in Article 16 of this Lease; and thereupon (unless the LESSEE shall have completely removed or cured said default) this Lease shall cease and come to an end as if that were the day originally fixed herein for the expiration of the term hereof, and LESSOR,S agent or attorney shall have the right, without further notice or demand, to re-enter and remove all persons and LESSEE,S Property therefrom without being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of rent or breach of COVenant, or LESSOR'S agent or attorney may resume possession of the premises and re-let the same for the remainder of the term at the best rent said agent or attorney may Obtain, for account of the LESSEE, who shall make good any deficiency; and the LESSOR, as security for the payment of rent and the cost of repairs and maintenance of the premises, and the building, improvements and appurtenances thereto, including utility lines, shall have a lien upon all the goods, wares, chattels, -7- implements, fixtures, furniture, tools and other personal property and all improvements which are located on the demised premises- 24. ENTIRE~T~._: It is understood and agreed that this lease agreement conta~n~ ale of the agreements between the parties relative to the subject matter hereof and that there are no additional or oral agreements and that any alterations or changes made in writing, shall be signed by all parties hereto and shall be attached to each of the copies hereof. EXECUTED IN MULTIPLE ORIGINALS by and on behalf of the CITY OF PLAINVIEW, COUNTY OF HALE and the PLAINVIEW-HALE COUNTY AIRPORT day of _, 19~. BOARD on this the CITY OF PLAINVIEW, TEXAS Mayor ATTEST: ~TARY COUNTY OF HALE, TEXAS county Judge ATTEST: EXAS PLAiNVIEW/HALE COUNTY AIRPORT -8- NORTHEAST SURVEY NO. 41, HALE COUNTY, PART OF BLOCK JK-2, TEXAS / //~ ./~ PO I NT OF COIV~IENC 1 NG · / .~.~N~'~- NE. CDr. Sur. 41 NOTE: Miller Lease Revised from 11.85 Ac to 11.739 Ac. to Exclude this tract. OF BEGINNING. 0.11 ACRES 480i Sq. Ft. Door SuPport Posf DESCRIPTION SELLER: JESS WEST BUYER: DANA SEGLER Being a 0.11 acre (4801 square feet) lease tract out of the northeast part of Survey No. 41, Block JK-2, Hale County, Texas: COMMENCING at a 5/8 inch steel rod found in the centerline of Southwest Third Street and the west line of Reese Subdivision for the northeast corner of Survey No. 41, Block JK-2, Hale County, Texas, from which the centerline of Southwest Third Street (called the north line of Survey No. 41, JK-2) bears S.88°51,30,,W.; Thence S.59o38,48,,W. 1458.11 feet to the POINT OF BEGINNING of the herein described tract; Thence S.50°40'57,,W. 13.92 feet to a point; Thence S.76°37'09"W. 55.59 feet to a point; Thence S.38°52'17"E. 89.45 feet to a door support post; Thence N.51°07'43"E., at 12 feet pass the southwesterly corner of a hangar, at 52.1 feet pass the southeasterly corner of said hangar, in all, 64.1 feet to a door support post; Thence N. 38°52,17-W. 65.63 feet to the POINT OF BEGINNING and containing 0.11 acres. Plainview, Texas " Car 1 !~ms, Registered January 23, 1985 ".-, Public Surveyor of Texas