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1985-009-RES WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 84-023 authorize the RESOLUTION NO. 85-009 WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 84-023 authorize the procure- ment of a temporary easement which was effected by a lease for the purpose of connecting the old landfill site with the I & I Flow Equalization Basin site; and, WHEREAS, the Landfill Closure and I & I Flow Equalization Basin Projects Phase I have been delayed due to abnormally wet ground conditions necessitating the use of the leased property for an additional term of one (1) year; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS that the City Attorney, T. K. Haynes, be, and he is hereby authorized and directed to proceed to procure a lease upon the terms and conditions as shown in the form of same attached hereto as Exhibit A. Passed and adopted this 11th day of February, 1985. ~_/ J Gra am, Mayor ATTEST: ~~~ \L ~r.-,~~~~"",J Mattie Cunningham, A sistant City Clerk FORM: ttorney LEASE AGREEMENT STATE OF TEXAS ~ ~ COUNTY OF LAHAR This lease agreement is made this the 1st day of February, 1985, at Paris, Texas, by and between JOHN RANDALL, ALLEN RANDALL, SHERMAN RANDALL, ROOSEVELT RANDALL, BOBBY RANDALL, VELMA HARRIS, tHLMA ASHLEY and EDWARD RANDALL, of Lamar County, Texas, and SHIRLEY WILSON of Dallas County, Texas, being the nine (9) children born to Johnny Randall, deceased and Emma Powell Randall, deceased, hereinafter called LESSORS and the CITY OF PARIS, Paris, Texas, a municipal corporation of the State of Texas, hereinafter called LESSEE. 1. LESSOR hereby leases to LESSEE, and LESSEE hereby leases from LESSOR, all that certain real property, hereinafter called the leased premises, situated in Lamar County, Texas and described as follows: Situated about 4% miles North 36 degrees East from the City of Paris, Lamar County, Texas; being a part of the John Wilson Survey, Abstract No. 981, and being a part of a 42 acre tract described as the Third Tract in an Affidavit of Rosie Randall, dated February 15, 1952, recorded in Volume 328, Page 19, Lamar County Deed Records. BEGINNING at a point North 89 degrees 40 minutes East, 90.00 feet from the Southwest corner of said Randall Tract, said point being in the South boundary line of said Randall Tract; THENCE North 00 degrees 20 minutes West, 50.00 feet to a point; THENCE North 89 degrees 40 minutes East, 334.25 feet to a point; THENCE North 88 degrees 38 minutes East, 325.75 feet to a point; THENCE North 22 degrees 45 minutes East, 110.00 feet to a point; THENCE North 12 degrees 55 minutes East, 400.00 feet to a point; THENCE North 46 degrees 01 minutes East, 405.21 feet to a point in the the North boundary line of said Randall Tract; THENCE North 89 degrees 40 minutes East along the North boundary line of said Rnndall Tract, 86.94 feet to a point; THENCE South 46 degrees 01 minutes West, 450.30 feet to a point; THENCE South 12 degrees 55 minutes \Jest, 380.00 feet to a point; THENCE South 41 degrees 10 minutes East, 179.24 feet to a point in the South boundary line of said Randall Tract; THENCE South 88 degrees 38 minutes West along the South boundary line of S<lid Randall Tract, r- I r- ^^ ... 2. The term of this lease shall be for a period of one year, hereinafter called the lease term, commencing on the 18th day of June, 1985 and ending on the 17th day of June, 1986, unless sooner terminated. 3. For and during the shall pay to LESSOR as rent total rental of Eight Hundred, ($855.00) payable on or before term of this lease, LESSEE for the leased premises the Fifty-Five and No/lOO Dollars the 1st day of Barch, 1985. 4. The premises are to be leased to be used as a roadway to connect the site of the Landfill Closure directed by the Judgment entered on the 6th day of September, 1983 in Cause No. 45477 in the 6th Judicial District Court of Lamar County, Texas and the site for construction of the Infiltra- tion and Inflow Flow Equalization Basin, consisting of pump station and piping for the purpose of eliminating the by-pass overflow into Pine Creek as directed in EPA order on consent authorized in City of Paris Resolution No. 84-017. 5. LESSEE shall upon completion of LESSEE's use of the herein described property or at the end of one year, whichever occurs first, insure that the leased premises will be leveled, seeded with fesque or comparable grass and the property restored to as good as condition as it was prior to its use by the LESSEE as a roadway.. LESSEE has heretofore erected electric fences along the boundaries of the leased premises and has provided for two gap gates which permit the passage of cattle from LESSOR's property to the South of the leased premises across the leased premises to LESSOR's property to the North of the leased premises and these electric fences ,,,ill, at the option of LESSOR, either be left in place or be removed by the LESSEE as the LESSOR directs in writing, upon the completion of the LESSEE's use of the leased premises. If said fence is left in place, repair of the roadway by the LESSEE will be restricted to the area accessible for grading. 6. LESSEE agrees to accept the premises as is and agrees to surrender the premises to LESSOR at the end of the lease term in the same condition as when LESSEE took pos- session subj ect only to those matters hereinbefore specif- ically described. 7. (a) This agreement shall be construed under and in accordance with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Lamar County, Texas. (b) This agreement shall be binding on and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representative, successors, and assigns. (c) Unless otherwise provided herein, any notice, tender or delivery to be given hereunder by either party may be affected by personal delivery or by certified mail, postage prepaid, return receipt requested and shall be deemed received as of actual receipt or five days after mailing, whichever occurs first. Executed the day and year first above written. John Randall Allen Randall Sheman Randall Roosevelt Randall Bobby Randall Velma Harris Wilma Ashley Shirley In lson Edward Randall LESSOR CITY OF PARIS, BY: Joe Graham, Mayor ATTEST: H. C. Greene, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney LESSEE THE STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared JOHN RANDALL, ALLEN RANDALL, SHERl1AN RANDALL, ROOSEVELT RANDALL, BOBBY RANDALL, VELMA HARRIS, HILMA ASHLEY, SHIRLEY HILSON and EDWARD RANDALL 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 thf' purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of February, A.D., 1985. Notary Public, State of Texas Mv commj~~ion pvn;rnc. STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared Joe Graham, 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 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 February, 1985. day Notary Public, State of Texas My commission expires: