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1986-073-RES WHEREAS, the City Council of the City of Paris did heretofore on the 9th day of June, 1986, authorize the RESOLUTION NO. 86-073 WHEREAS, the City Council of the City of Paris did heretofore on the 9th day of June, 1986, authorize the City Staff to develop plans and specifications and negotiate a lease contract for a sludge disposal site for a sludge disposal system for the Wastewater Treatment Plant; and, WHEREAS, a lease contract has been negotiated with Loyd Barrow and Wife, Sybil Barrow, upon the terms and conditions and in the form of Exhibit A attached hereto; and, WHEREAS, approved and authorized to the form of such lease contract the Mayor of the City of Paris sign the same; NOW THEREFORE, should be should be BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the lease contract with Loyd Barrow and Wife, Sybil Barrow, for approximately 170 acres with the privilege to expand such lease to approximately 430 acres for sludge application for the Wastewater Treatment Plant is hereby approved; and, BE IT FURTHER RESOLVED, That the Mayor of the City of Paris, Billy Joe Burnett, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the lease contract with Loyd Barrow and Wife, Sybil Barrow, for a sludge application site, upon the terms and conditions and in the form shown in Exhibit A attached hereto. Passed and adopted this 28th day of July, 1986. B~r~: -------- . ATTEST: ~~'~~~rJ att~e unn~ng am, ~ty er ~~-~ T. K. Haynes, City Attorney LEASE AGREEMENT STATE OF TEXAS ~ COUNTY OF LAMAR ~ This Lease Agreement entered into this 14th day of . July, 1986, by and between the CITY OF PARIS, Paris, Texas, a municipal corporation, acting by and through its Mayor, Billy Joe Burnett, duly authorized, by Resolution in the form set forth on the certificate attached as Exhibit A, hereinafter referred to as the CITY and Loyd Barrow and wife, Sybil Barrow of Paris, Lamar County, Texas, herein- after referred to as BARROW, WITNESSETH: WHEREAS, The CITY produces, as a result of operation of its Wastewater Treatment Plant, located approximately 7 miles North 8 degrees East from the City of Paris, sludge which must be handled in accordance with the laws of the State of Texas and CITY's Texas Water Commission Wastewater Treatment Plant permit; and, WHEREAS, the CITY has chosen land application as the method for disposing of said sludge, which application can best be made upon property described in Exhibit Battached hereto belonging to BARROW; and, WHEREAS, the CITY and BARROW desire to enter into a Lease Agreement defining their respective rights and obliga- tions with regard to the lease of 170 acres by BARROW to CITY for land application of sewage sludge. NOW, THEREFORE, in consideration of the premises, the mutual promises contained herein and other valuable consid- eration, the CITY and BARROW agree as follows: I. DEFINITIONS. Sec. 1.2 - BARROW. Loyd Barrow and wife, Sybil Barrow Sec. 1.3 - Property Owner. . Loyd Barrow and wife, Sybil Barrow, or their heirs or assigns, who are the owners in fee simple of approximately 530 acres of land in the Pyeatt Survey situated approxi- mately 11,000 feet Northeast of the City of Paris' Wastewater Treatment Plant property, and described below as Property. Sec. 1.4 - Property. Approximately 530 acres of land located in the Pyeatt Survey lying adjacent to the East boundary line of a County Road, more particularly described in Exhibit B attached hereto. Sec. 1.5 - Application Site. A portion of Property owned by BARROW upon which stabilized sewage Sludge is to be applied, said portion of land being approximately 170 acres in area and being more particularly described in Exhibit C attached hereto; said Application Site may be expanded in accordance with the terms of this agreement not to exceed a total of 430 acres of cleared land, in which case Application Site shall mean the application area as expanded. Sec. 1.6 - Sludge. Stabilized sewage Sludge from CITY wastewater treatment processing. II. CONSIDERATION. Sec. 2.1 - CITY agrees to deliver and BARROW agrees to accept Sludge and reap the benefits therefrom and is p~rmitted to use CITY'S transmission equipment on a non- interferring basis, paying all the costs associated therewith, for the purpose of transmission of CITY Effluent to be used for irrigation purposes on the Application Site, and as further consideration therefor, CITY will lime Application Site as necessary to maintain PH at or above 6.5; and CITY will furnish City D-6 bulldozer for site preparation with CITY approving operation, with Ronnie Spencer being acceptable and with BARROW furnishing fuel and paying operation; and CITY agrees to grant to BARROW a 50 foot wide easement out of the J. Harrell Survey to be used as private access from road to Property owned by BARROW across CITY owned Lake Gibbons property, which easement BARROW has the right to improve as a driveway, and to lease for a primary term of ten (10) years with a ten (10) year option for natural prairie grass hay lease only, which are described on Exhibit D attached hereto. CITY agrees to prepare said easement and hay lease and record the same in the Deed Records of Lamar County, Texas. Sec. 2.2 - Sufficiency of Consideration BARROW acknowledges the sufficiency of the considera- tion herein described. III. TERMS. l"" _ ~ '), ^ ____....____ .....t: C1.1..:1......... apply Sludge in accordance with its Texas Water Commission Wastewater Treatment Plant permit; be responsible for all necessary permits for Sludge application and Effluent irrigation and in the event necessary permits are not issued after CITY has made diligent effort then this agreement may be partially or completely cancelled by agreement of the parties; and shall maintain its equipment in proper working order except that Property Owner shall be responsible for cost of repairing damage to equipment which results from negligence on the part of Property Owner or his representatives. CITY shall have access to Application Site for the purpose of delivering and applying Sludge and maintaining equipment and shall be permitted to erect a small maintenance storage building if desired. CITY shall close gates when entering or leaving the Application Site. Sec. 3.2 - Farming of Application Site. Property Owner will develop Application Site in Coastal Bermuda grass for permanent pasture to be overseeded each Fall with winter forage crops, or develop a substitute vegetation plan after it has been approved by CITY, and owner will harvest the same at least monthly or in accordance with accepted farming practices. Any vegetation plan followed or proposed must provide adequate nutrient uptake rates and be otherwise compatible with sludge disposal requirements. CITY and Property Owner will cooperate in developing suitable Sludge application schedules and procedures to accommodate the required rate of Sludge disposal and the farming operations. CITY agrees to deliver all sludge produced up to approximately 135,000 "'rot the right to take over farming operations and then shall have all rights to crops or forage. Sec. 3.3 - Indemnification. . CITY will defend any suit brought against Property ~ler as a result of CITY'S application of Sludge on Appli- cation Site and will indemnify and hold harmless Property Owner for damages for which Property Owner becomes liable, as a result thereof. CITY will purchase Application Site from Property Owner should irreparable environmental damage result to said site as a result of Sludge application. The Application Site shall be appraised prior to execution of this agreement and said appraised value shall establish the value per acre of the Application Site except this value shall be adjusted upward or downward by multiplying said value by the ratio, of the Consumer Price Index for all Urban Consumers, U. S. City Average for the month such irreparable environmental damage occurs, to, the same index for the month during which proposed appraisal is made. CITY shall pay for said appraisal which shall be attached hereto as Exhibit E. Should only part of the Application Site be damaged the CITY may purchase either all of the site or just the damaged portion, at its option. Sec. 3.4 - Ownership of Equipment. CITY shall retain ownership of all building, equipment and piping which CITY installs on Application Site and may remove the same at any time during the primary, renewed or extended term of this agreement without reducing CITY'S obligation to perform its obligations under this contract. ^____ _1- _,., _____~ "'T",'T __._____...._ ,.,,, +:.........+- ....._ .............\.. easements granted in this Paragraph at termination of the primary term if not extended or any extension thereof if extended. Sec. 3.5 - Irrigation with Treatment Plant Effluent. During periods of non use by CITY, Property Owner may use Sludge transmission and application system to irrigate Application Site with Effluent from CITY sewage treatment plant contingent upon CITY receiving a permit allowing this from the State and provided doing so poses no threat or nuisance to public health. CITY agrees to design and build a pipe connection to its Sludge pump to facilitate Property Owner's use of plant Effluent. Property Owner agrees to supply all labor, electricity and maintenance during periods of use for irrigation. Sec. 3.6 - Expansion of Application Site. Should future Sludge production or the observance of acceptable application rates require more application area, Property Owner agrees to permit CITY to expand site onto contiguous cleared parts of Property at the total develop- ment cost of CITY; such expansion not to increase Application Site to include more than 430 acres of cleared land. Nothing herein however shall require CITY to expand on Property. IV. TERM AND EXTENSION OF AGREEMENT. Sec. 4.1 Term The primary term of this agreement shall be ten (10) established per acre value as determined by the procedure outlined in Section 3.3, Indemnification, except that the ratio in the Consumer Price Index for all Urban Consumers U. S. City Average, shall be determined as of the date of eltpiration of the primary term, or, offer to renew this agreement for an additional ten (10) year term, or, both. CITY will either accept Property Owner's offer or vacate site. Property Owner shall provide notice of his offer to CITY at least one hundred eighty (180) days prior to the expiration of the primary term. CITY shall have 150 days after receiving such notice to accept or reject said offer. If CITY rejects Property Owner's offer this agreement shall be automatically extended by two (2) years to provide CITY time to develop alternate Sludge disposal arrangements. During this automatic two (2) year extension both CITY and Property Owner are bound to full performance of this agreement. CITY OF PARIS, PARIS TEXAS By: Billy Joe Burnett, Mayor ATTEST: Mattie Cunningham, City Clerk ~ 4~",/ Loy arrow k/~ he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 28th day of July, 1986. . // . , '7 '.' ,-/ / I ,/l/~~/;I /AI~~LM'''-~~ Notary Public; State of hexas Printed Name:f//I~/ll !//r;.!t/;(r4 My commission expires: ~/ J fl. p~l STATE OF TEXAS COUNTY OF LAMAR ~ ~ BEFORE ME, the undersigned authority, on this day personally appeared Loyd Barrow and Wife, Sybil Barrow known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 21st day of July, 1986. BARRO\'! PROPERTY EXHIBIT - B Page 1 of 2 1 N . kc""", Road ~ 1 29 32 . I "'- 31 30 23 24 I 22 21 2 3 19 20 5 4 17 /' County Road 18 8 9 6 7 10 1 1 15 16 12 13 14 Pai.nt Bead nQ D\stance Wn1 Bud no Dishnce 1 S 0027' W 1,845.0 ft. 17 S 89'; 48' E 486.2 ft. 2 N 900 E 415.5 ft. 18 N O<? E 462.0 ft. 3 S 00 E 360.0 ft. 19 N 90') E 660.0 ft. 4 N 900 W 393.0 ft. 20 N O'J E 1.294.0 ft. 5 S Dc E 1,540.0 ft. 21 N 90~ W 292.0 ft. 6 N 900 E 287.0 ft. 22 N 0': E 270.0 ft. 7 N 0'" E 115.5 ft. 23 N 90'~ W 1,456.0 ft. 8 N 8So 30' E 295.0 ft. 24 N 76' W 134.0 ft. 9 S 0' E 115.5 ft. 25 N 620 W 134.0 ft. 10 N 90 E 144.0 ft. 26 N 4So W 165.0 ft. 11 SO'' E 824.0 ft. 27 N 620 W 136.0 ft. 12 N 8S' 30' E 1,467.5 ft. 28 N 760 W 136.0 ft. 13 N 89' E 1,341.0 ft. 29 S 8g0 30' W 1,250.0 ft. 14 NO' 7' W 655.0 ft. 30 N 890 W 1,446.0 ft. 15 N 88 46' E 1,578.3 ft. 31 N 00 E 28.0 ft. 16 NO'; 17' E 1,438.6 ft. 32 N 900 W 1,200.0 ft. . Situated about 8.5 miles North 20 Degrees East of the City of Paris, County of lamar, and State of Texas. a part of the Hiram Williams Survey NI007, John Cornelison Survey 1180, and Edward Stephens Survey 1833. BEGINNING at I 30" oak tree for a corner at the Northwest corner of said Wilbanks Survey 11007, said point also being the Northwest corner of a 265.13 acre tract of land conveyed to Martha Crawford Crane by deed recorded in Vol. 281, Pige 525, of the Deed Records of said County and Stale. THENCE South 0 Degrees 27 Minutes West a distance of 1,845 feet to an iron pin for I corner; THENCE East a distance of 415.5 feet to an iron pin for a corner; HIEtleE South a distance of 360 feet to in iron pin for a corner; THENCE West a distance of 393 feet to an iron pin for a corner; THENCE South along the East boundary line of a County road a distance of 1,540 feet to an iron pin for a corner; THENCE East a distance of 287 feet; THENCE North a distance of 115.5 feet to an iron pin for a corner; THENCE North 88 Degrees 30 minutes East a distance of 295 feet to an iron pin for a corner; THENCE South 115.5 feet; THENCE East a distance of 144 feet to an iron pin for a corner; THENCE South a distance of 82~ feet to an iron pin for a corner; THENCE North 88 Degrees 30 minutes East a distance of 1,467.5 feel; North 89 Degrees East a distance of 1,341 feel to an iron pin for a corner; THENCE Norlh 0 Degrees 7 minutes West a distance of 655 feel to a tree for a corner; THENCE North 88 Degrees 46 minutes East a distance of 1,578.3 feet to an iron pin for a corner; THENCE North 0 Degrees 17 minutes East a distance of 1,~38.6 feet to an iron pin for a corner; THENCE South 89 Degrees 48 minutes East a distance of 486.2 feet to an iron pin for a corner; THEN~E North a distance of 462 feet to an iron pin for a corner; THENCE East 6 distance of 660 feet to an iron pin for I corner in the West boundary l1ne of . county road; THENCE North a distance of 1,294 feet to an iron pin for a corner: THENCE West a distance of 292 feet to an iron pin for a corner: THENCE North a distance of 270 feet to an iron pin for a corner; THENCE along the South boundary l1ne of a county road as follows: West 1,456 feet; North 76 Degrees West 134 feet; North 62 Degrees West 134 feet; North 48 Degrees West 165 Feet; North 62 Degrees West 136 feet; North 76 Degrees West 136 feet; South 89 Degrees 30 minutes West 1,250 feet: North 89 Degrees West 1,446 feet: to an iron pin for a corner; THENCE North along the West boundary line of said county road a distance of 28 feet to an iron pin for a corner: THENCE West a distance of 1,200 feet to the place of beginning and containing 523.7 ~cres of land more or less, plus 3.6 ~cres that li. in said county roads, making a total of 527.4 acres of land. EXHIBIT - B Paue 2 of 2 , APPLICATION SITE EXHIBIT - C Page 1 of 2 l-- Co",ty Road ~ 29 N 1 3f E 31 I 30 "- 23 I I . I 24 I 22 21 Application I I Area I I 2 3 1 1 9 C I 4 t"-_ -..J. 20 /' 5 \ D 17 \ 18 County Road \ \ \ \ 8 9 \ 11 \ 6 7 10 -...lS 15 A 16 12 13 14 Point BearinQ Distance 1 5 00 27' ., 1,845.0 ft. 2 N 900 E 415.5 ft. 3 5 00 E 360.0 ft. 4 N 900 W 393.0 ft. 5 S 00 E 1540.0 ft. 6 N 900 E 287.0 ft. 7 N 00 E 115.5 ft. 8 N 880 30' E 295.0 ft. . S 00 E 115.5 ft. 10 N 900 E 144.0 ft. J\ S 00 E 130.0 ft. A N 880 30' E 1275.0 ft. B N 160 30' W 1930.0 ft. C 5 810 30' E 830.0 ft, D N 00 E 2028.0 ft, E N 890 W 1070.0 ft, 31 N 00 E 28.0 ft. 32 N 900 11 1200.0 ft. EXHIBIT - C Page 2 of 2 Located on aforementioned tract of land as described in Exhibit A, beginning at the Northwest corner of said tract, a 30 inch Oak tree. THENCE South 0 Degrees 27 minutes West a distance of 1845 feet to an iron pin for a corner; 'THENCE East a distance of 415.5 feet to an iron pin for a corner; THENCE South a distance of 360 feet to an iron pin for a corner; THENCE West a distance of 393 feet to an iron pin for a corner; THENCE South along the East Boundary of a County road a distance of 1540 feet to an iron pin for a corner; THENCE East a distance of 287 feet for a corner; THENCE North a distance of 115.5 feet to an iron pin for a corner; THENCE North 88 Degrees 30 minutes East a distance of 295 feet to an iron pin for a corner; THENCE South 115.5 feet for a corner; THENCE East a distance of 144 feet to an iron pin for a corner; THENCE South a distance of 130 feet for a corner; THENCE North 88 Degrees 30 minutes East a distance of 1275 feet: for a corner; THENCE North 16 Degrees 30 minutes West a distance of 1930 feet for a corner; THENCE South 81 Degrees 30 Minutes East a distance of 830 feet for a corner; THENCE North a distance of 2028 feet to a point in the South boundary line of a County road for a corner; THENCE North 89 Degrees West a distance of 1070 feet to an iron pin for a corner; THENCE North along the West boundary line of said County road a distance of 28 feet to an iron pin for a corner; THENCE West a distance of 1200 feet to the point of beginning and containing 171.0 acres more or less. ..... .i. '1"" .. i ~ .~... . ,.... , ~ ~ I D "11''';-- [. WISLET . o.:~ . : J I "., ..I'''''..'l''''.. t ... ,1"t.1t$0" .. .... I j ~. .I'''' .", ~ . ... .. ".., ,..~. .,. .." ..--!...,.-~ EASEMENT TRACT LOCATION "..J...... --t' .", " c ,-. . .. C: . i ~ ..'~' 3 " .)"'''' ~~'J:"'.' " " .... '..'., ~-' ',. ~ t.u..PfllLL 1 ""........-r. ., ~ ". , , JJ.... "u .I N , ...~ItIN~ ~ I ...,.. I EASEMENT VICINITY MAP EXHIBIT - C Page 3 of 3 LAKE GIBBONS , . . ".. .IL...I..!o-....j- . .... ,. ... AL[ ." ..~ . ", .I.... .... ~ f,.. J 1'1 *" w _c . ,. ,,;,= ,: . ~;' , , ". \'.:.';; . , .. '" ,It ~ LtlrUol JJ'"'' 1111 .. .. 'J4. " .......... ';-,..".._" "0 ...... . .... ] ,,,... .IZ(' ~-: w c I..w.,l....... :::0::......"... " ~ ........... II' "t H"~ ",...,.,/ _ N 5~"''' ~."... .",. WIolt.1o< '-t--'."-IJ f II M "-ARlIN ", ,,,.. .....fl.........., .",. t ,0" .I....,.., -",If-DILLING_tAW CT''''''~:~;~; "JJ ,. ".. ..... " .. P"'I'lll.[~ ...7)0. ".... '1' r.,.. ...' , I." ""~ .,., II lI..n..,IH.tll "d ... IJIJ " .1".0 t. "SiliNS J'" "" ,..... , 'J'" . ~. ....,.. IU ." ......,-,. t ' L ".JJ" 1 'II., -+- I " I.... t....... ....., B(NJ. ADAWS .. _n'_ "............,." CAR[~.7...&IN i- ,..r ....~ .,... I; J"" JO., ).:' ""'.. ~... " '" "r... .....1 .f,........,:OHN wr swr ,t::;"~\.... J UI., '. .. ", ~ ,Ill [ P . ,. ft ft, ~ '""n,)t:P" J , H...:...,.". j.... ~. ,01 " . , HAY LEASE AND EASEMENT Scae: 1~OO' N ~ ~ lease area ~~'" ~~ 3<1' /i, BarTow City J. Harrell Survey City 17,3 acres total N. Mat t hieson Survey EXHIBIT - D Page 1 of 3 Goose refuge W, M. H obbs&1VE'Y" City Exhibit D Page 2 of 3 Being a part of the Josiah Harrell Survey, situated West of the City of Paris, Lamar County, Texas, BEGINNING at a point in a fourth tract of land conveyed by William Huddle,to the City of Paris on March 14, 1898 recorded Book 88, Page 320, Deed Records, Lamar County, Texas, Said point being in the West boundary line of a public road 573.46 feet West of the Southeast corner of said tract, also being the Northeast corner of the N. Matthieson Survey, o THENCE North 21 11' East a distance of 1109,56 feet to a point for a corner, THENCE North 870 02' 20" West a distance of 61.31 feet to a point for a corner, o THENCE South 62 35' West a distance of 559.67 feet to a point for a corner in the West boundary line of said Josiah Harrell Survey, o THENCE South 0 01' 56" West along said West boundary line a distance of 780,04 feet to a point for a corner, THENCE East a distance of 157.54 feet along the South boundary of said tract to the point of beginning containing 7.07 acres, more or less.