HomeMy WebLinkAboutR79-160I CITY OF PLAINVIEW !
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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