Loading...
HomeMy WebLinkAboutR79-160I CITY OF PLAINVIEW ! 00 052 RESOLUTION NO. R79-160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF PLAINVIEW AND SEAL PRODUCE CO., INC. FOR A FIFTY (50) FOOT STRIP OF LAND FOR THE PURPOSE OF ALLOWING INGRESS AND EGRESS FROM A PUBLIC HIGHWAY TO THE SANITARY LANDFILL AND APPROPRIATING $500.00 FROM THE UN- APPROPRIATED BALANCE FOR THE CONSTRUCTION OF A FENCE. WHEREAS, the City of Plainview is in need of a better ingress and egress from the public highway to the Sanitary Landfill; and WHEREAS, the Seal Produce Co., Inc. is the owner of a tract of land located directly west of the landfill site and is willing to lease a fifty (50) foot strip giving better ingress and egress to the landfill site, provided the City will construct a 6-foot wooven- wire fence on the south boundary line of the public right-of-waY east of the Sanitary Landfill: NOW, THEREFORE BE IT RESOLVED BY the Mayor and the City Council of the City of Plainview, Texas that the City execute this agreement and appropriate $500.00 from Unappropriated balance for the construc- ti on of said fence, PASSED and APPROVED this ~ '~' day of~~,1979. MEDLIN CARRENTER, Mayor Pro Tem ATTEST: WALTER S. DODSON, City Clerk ["Progress For People Through Planning" I STATE OF TEXAS ~ AGREEMENT COUNTY OF HALE This Agreement entered into this the ~day of 1979, by and between SEAL PRODUCE, INC., a Texas corporation, hereinafter called "Lessor", and the CITY OF PLA1NVIEW, TEXAS, hereinafter called "Lessee": W I T N E S~S E T H: WHEREAS, Lessor is the owner of a 3.26 acre tract of land out of the West part of the East one-half of Section No. Forty (40), Block JK-2, Hale County, Texas, described by metes and bounds in a deed from C. B. Cline Monument, Inc., to Seal Produce, Inc., recorded in Volume 645, page 301, Deed Records, Hale County, Texas; and WHEREAS, the City of Plainview, Lessee, desires to lease from Seal Produce, Inc., a 0.41 acre tract of land out of the' West part of the East one-half of SeCtion No. Forty (40), Block JK-2, Hale County, described by metes and bounds as 'follows: Beginning at a point in the West line and 1,196.3 feet North of the SouthWest. corner of the East half of Section 40, Block JK-2, Hale County, Texas, said point being in the center of pavement and the North line of cemetery; Thence North 50 feet to a point; Thence East 360 feet to a point; Thence South 50 feet to a point; Thence West 360 feet to' the Place of Beginning~ for the purpose of granting access from the public highway to the sanitary landfill located directly east of the above described property owned by Seal Produce, Inc.; and WHEREAS, Lessor has agreed' to lease said premises ~to the City of Plainview on the following terms and conditions. NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: for and in the consideration of the mutual covenants and agreements recited herein, Lessor does hereby lease, to Lessee the above described 50' strip of land for the purpose of granting to. Lessee ingress and egress from the public highWay to the sanitary landfill located directly east of Lessor's property. As part of the consideration for this said lease, Lessee shall construct a six-foot (6') woven wire fence on the south boundary line of said property from the public right-of-way east to the sanitary landfill being in the southeast corner of the above described tract. Lessee shall repair and maintain said fence at its own expense. Either party may terminate said lease by giving ninety (90) days written notice to the other of the intent to terminate the lease. Written notice shall be addressed to the party to receive such notice and shall be deposited in the U.S. Mail with sufficient postage attached. The addresses for giving any notice required herein are as follows: notice to Lessor, Seal Produce, Inc., notice to Lessee, John Hatchell, City Manager, City Hall, City of Plainview, Texas 79072. The date of giving notice shall be deemed to be the date that such notice is deposited in the U.S. Mail properly addressed to the] party to receive same with sufficient postage attached. All notices shall be sent "Certified Mail-Return Receipt Requested". Upon termination of said lease, Lessee shall remove the six- foot (6') woven wire fence constructed along the south boundary line of the above described property and shall level the property to conform with the terrain of the surrounding property. WITNESS OUR HAND this the ~L~-day of ~CA~-~ SEAL PRODUCE, INC. ATTEST: By :. ~ Se'c~etary ATTEST: Walter So Dodson, City Cler~ , 1979. President CITY OF PLAINVIEW, TEXAS M -:::~ ' ~- :-~ ~'., ayor~," ~: Pro' '-Tem