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1986-089-RES WHEREAS, the City Council of the City of Paris did heretofore on the 28th day of July, 1986, in Resolution RESOLUTION NO. 86-089 WHEREAS, the City Council of the City of Paris did heretofore on the 28th day of July, 1986, in Resolution No. 86-073 authorize a lease contract with Loyd Barrow and wife, Sybil Barrow, for a sludge disposal site for a sludge disposal system for the Wastewater Treatment Plant; and, WHEREAS, the City of Paris agreed in said lease contract to grant to Loyd Barrow and wife, Sybil Barrow a 50 foot wide easement to be used as private access across City owned property and to lease to Loyd Barrow and wife, 7.07 acres for natural prairie grass hay lease; and, WHEREAS, the form of such easement attached hereto as Exhibit A should be approved and the Mayor of the City of Paris should be authorized to sign the same; and, WHEREAS, the form of such hay lease attached hereto as Exhibit B should be approved and the Mayor of the City of Paris should be authorized to sign the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, 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 easement upon the terms and conditions and in the form shown in Exhibit A attached hereto; and hay lease upon the terms and conditions and in the form shown in Exhibit B attached hereto. Passed and adopted this 8th day of September, 1986. IflldLk~ - Bi Y ~Burnett, Mayor ATTEST: ~" II C:b~~D;~~y :'A:;i~~-Ci ty Clerk APPROVED AS TO FORM: rI.~~~o=.y -- INGRESS AND EGRESS EASEMENT STATE OF TEXAS ~ COUNTY OF LAMAR ~ KNOW ALL MEN BY THESE PRESENTS: That CITY OF PARIS, a municipal corporation, of Lamar County, Texas, for and in consideration of the sum of ONE DOLLAR ($1.00) cash, and other good and valuable consid- eration, to us in hand paid by Loyd Barrow and wife, Sybil Barrow, Paris, Texas, the receipt and sufficien~y of which is hereby acknowledged, do hereby sell, give and grant unto the said Loyd Barrow and wife, Sybil Barrow, of Lamar County, Texas, an ingress and egress easement with right to improve driveway described as follows: Being a part of the Josiah Harrell Survey, situated West of the City of Paris, Lamar County, Texas, BEGINNING at a point in the West boundary line of 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 414,71 feet North 00 22' 44" West of a point which itself is 731 feet West of a point which is the Southeast corner of the Josiah Harrell Survey, as well as being the Northeast corner of the N. Mattheison Survey; THENCE North 00 22' 44" Wes t a dis tance of 56.09 feet along the West boundary line of said tract to a point for corner; THENCE South 630 25' 30" East a distance of 334.43 feet to a point for corner in the West boundary line of a public road; THENCE South 210 21' 30" West a distance of 50.21 feet to another point for corner in the West boundary line of a public road; THENCE North 630 25' 30" West a distance of 313.57 feet to the point of beginning containing 0.37 acres, more or less, TO HAVE AND TO HOLD the above property unto Loyd Barrow and wife, Sybil Barrow for the purposes aforesaid, with the right and privilege of ingress and egress on and across said land. The right of ingress and egress herein granted across the easement premises shall be exercised and used in such a ~~~--""",,,,~,~ """",1U'",~~--t'iI'l-..-.!io''''''~-'C ~,.,.,-- lr- ,.~ said premises unto the said Loyd Barrow and wife, Sybil Barrow, their heirs, executors and administrators agains t every person whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS its hand this day of September, 1986. CITY OF PARIS BY: Billy Joe Burnett, Mayor ATTEST: Mattie Cunningham, City Clerk STATE OF TEXAS ~ COUNTY OF LM1AR ~ BEFORE ME, the undersigned authority, on this day personally appeared Billy Joe Burnett, Mayor of the City of Paris, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that they 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 of September, 1986. day Notary Public, State of Texas Printed Name: My commission expires: LEASE AGREEMENT STATE OF TEXAS ~ COUNTY OF LAMAR ~ KNOW ALL MEN BY THESE PRESENTS: That the CITY OF PARIS, a municipal corporation, of the County of Lamar and State of Texas, hereinafter called Lessor, for and in consideration One and No/100 Dollars ($1.00) and other good and valuable consideration, paid by Loyd Barrow and wife, Sybil Barrow, hereinafter called Lessee, the receipt of which is hereby acknowledged, has bargained and sold, and does by these presents bargain and sell unto the said Loyd Barrow and wife, Sybil Barrow, all the grasses and hay now standing and growing and to be grown, and the right to cut and bale the same, for a period of ten (10) years, beginning October 1, 1986, and ending on May 31, 1996, upon all that certain tract of land situated in Lamar County, Texas, and further described as follows: Being a part of the Josiah Harrell Survey, situ- ated 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; THENCE North 2P 11' East a distance of ll09.56 feet to a point for a corner; THENCE North 870 02 I 20" West a distance of 61. 31 feet to a point for a corner; THENCE South 620 35' West a distance of 559.67 feet to a point for a corner in the West boundary line of said Josiah Harrell Survey; THENCE South 00 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, Said LESSOR does hereby further grant and sell unto the said LESSEE the right of ingress and egress to and from said property at any time during the period of this lease for the purposes of cutting, mowing, baling, removing, inspecting, improving or fertilizing such land and for the purpose of grazing said land. LESSEE agrees to hold LESSOR harmless from any liabil- ity claim resulting from LESSEE or LESSEE'S agents or employees actions of whatever nature. It is understood, agreed and provided that the CITY OF PARIS shall not be liable or responsible to the said LESSEE ~t"'\,.. .rl.................__~_ ___ 1_ obligations required of LESSEE hereunder during the term of this lease, an option is hereby given and granted to LESSEE to renew and extend this lease for an additional period of ten (10) years from and after the expiration of this agree- ment. Said option may be exercised by LESSEE's giving notice in writing of LESSEE's intention to renew said lease on or before the 1st day of April, 1996. Executed on the dates shown in acknowledgements below. CITY OF PARIS BY: Billy Joe Burnett, Mayor ATTEST: Mattie Cunningham, City Clerk LESSOR Loyd Barrow LESSEE Sybil Barrow APPROVED AS TO FORM: T. K. Haynes, City Attorney STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared Billy Joe Burnett, Mayor of the City of Paris, known to me to be the person whose name is sub- scribed 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this of ~pnromha~ laQ~ day 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 tne that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this of September, 1986. day Notary Public, State of Texas Printed Name: My commission expires: