07-C Hay Lease - WTP Application Site
DRAFT
F:ATIORNEY\RESWORK\CURRENT\ Barrow Hay Lease Res 2006
June 2, 2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF
A ONE (1) YEAR HAY LEASE AGREEMENT WITH AN OPTION TO
EXTEND FOR TWO (2) ADDITIONAL YEARS, WITH LOYD BARROW
AND SYBIL BARROW ON CITY OF PARIS PROPERTY KNOWN AS
TRACT 1 AND TRACT 2 OF THE WATER TREATMENT LAND
APPLICATION SITE CONSISTING OF 205.04 ACRES; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council ofthe City of Paris did heretofore, in Resolution No. 86-
089, on the 8th day of September, 1986, authorize the execution of a Hay Lease Agreement with
LOYD BARROW and SYBIL BARROW located on City of Paris property at Lake Gibbons;
and,
WHEREAS, the City Council of the City of Paris approved an Exercise of option from
LOYD BARROW and SYBIL BARROW, for a ten (10) year extension of said Lease effective
September 8, 1996; and,
WHEREAS, the term of said Lease expires June 30, 2006, and Loyd Barrow and Sybil
Barrow have requested a Hay Lease on City of Paris property known as Tract 1 and Tract 2 of
the Water Treatment Land Application Site consisting of205.04 acres ofland; and,
WHEREAS, the City Council deems it appropriate to enter into a Hay Lease Agreement
with LOYD BARROW and SYBIL BARROW for a term of one (1) year with an option to
renew after the initial one (1) year term which will expire June 30, 2007, and the Mayor of the
City of Paris should be authorized to execute said Hay Lease Agreement in the form attached
hereto as Exhibit A; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all
things approved.
Section 2. That the Hay Lease Agreement with LOYD BARROW and SYBIL
BARROW beginning July 1,2006 and ending June 30, 2007, under the terms and conditions
and in the form attached hereto as Exhibit A, be, and the same is hereby approved.
Section 3. That the Mayor of the City of Paris be, and he is hereby,authorized and
directed to execute, on behalf of the City of Paris, of said Hay Lease Agreement attached hereto
as Exhibit A.
r"
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND ADOPTED this the 12th day of June, 2006.
Richard Manning, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
John D. Lestock, Assistant City Attorney
f"
HAY 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/lOO 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
one (1) year, beginning July 1,2006, and ending on June 30, 2007, upon all that certain tract ofland
situated in Lamar County, Texas, and known as Tract I and Tract II of the Water Treatment Land
Application Site, consisting of 205.04 acres, more or less as shown outlined in Exhibit A, attached
hereto and further described as follows:
Tract I.
Being a part of the Thomas Askins Survey, Abstract No.6, situated about 3
miles northerly from the City of Pairs, Lamar County, Texas,
Beginning at an iron pin set for comer in the North boundary line of a County
Road, at the Southwest comer of a part of a 336.0-acre tract of land described in a
Deed from Owen Ingram and wife, to Howard S. Smith, dated March 16, 1961,
recorded in Volume 374, Page 276, Lamar County Deed Records;
Thence South 89'29'25" East, 714.8 feet along the North boundary line of
said County Road to a point in the centerline of a Branch of Pine Creek, from
whence an iron pin bears North 89029'25" West 35.0 feet;
Thence along the centerline of said branch on the following calls: North 29055'
East, 96.3 feet; North 08045' East, 123.7 feet; North 54030' East, 107.0 feet; North 27"01'
East, 189.8 feet; North 36032' East, 397.6 feet; North 41031' East, 294.6 feet; North 76001'
East; 126.1 feet and North 57"51' East, 628.7 feet to a point;
Thence North 130 12'10" East, at 30.0 feet passing an iron pin set and continuing in
all a total distance of 1151.9 feet to an iron pin set for comer;
Thence along a line parallel to and 10.0 feet Northerly from the Northern toe of a
levee on the following calls: North 86006'30" West, 358.0 feet; South 67"36'10" West,
1263.8 feet; South 67"13' West, 461.0 feet; South 65056' West, 233.2 feet and South 53051'
West, 176.0 feet to an iron pin set for comer;
Thence South 00.02'20" East, 1635.3 feet along the West boundary line of said
Smith tract to the place of beginning containing 76.46 acres ofland.
-1-
r'
Tract II:
Being a part of the Thomas Askins Survey, Abstract No.6, situated about 3 miles
northerly from the City of Pairs, Lamar County, Texas,
Beginning at the point of intersection of the centerline of Pine Creek with the West
boundary line of the S. L. & S. F. Railroad right-of-way; said pint being the Northeast comer
of said Howard S. Smith tract;
Thence along the centerline of Pine Creek on the following calls: South 79047' West,
173.6 feet; North 73044' West, 478.1 feet; South 33039' West, 87.1 feet; South 13034' West,
176.2 feet; South 62034' West, 183.8 feet; North 69027' West, 133.3 feet; South 79027' West,
121.4 feet; South 39007' West, 254.1 feet; South 57"25' West, 274.5 feet; North 7T13' West,
156.6 feet; South 85044' West, 135.8 feet; South 48013' West, 345.6 feet; South 72026' West,
229.4 feet; North 36031' West, 315.2 feet; North 79000' West, 173.9 feet; South 68031' West,
254.1 feet; South 19027' West, 254.8 feet; South 32027' West, 313.6 feet; North 84054' West,
189.7 feet; South 05002' West 148.8 feet; South 580334' West, 130.3 feet; South 09019' East,
162.1 feet; South 5T30' West, 197.6 feet; North 77"51' West, 267.7 feet; South 65"50' West,
63.9 feet; South 22024' West, 265.5 feet, South 10045' East, 67.6 feet; South 25039' West,
108.2 feet; South 54040' West, 214.4 feet and North 89032' West, 182.7 feet to the Northwest
comer of said Howard S. Smith tract;
Thence South 00014' West, 499.1 feet along the East boundary line of called 63.8 acre
tract described in a Deed to the City of Paris, recorded in Volume 191, Page 509, to an iron pin
set for comer;
Thence along a line parallel to and 10.0 feet Northerly from the Northern toe of slope
of a levee on the following calls: North 53051' East, 176.0 feet; North 65056' East, 233.2 feet;
North 6T13' East, 461.0 feet; North 6T36'1O" East, 1263.8 feet and South 86006'30" East,
358.0 feet to an iron pin set for the comer;
Thence South 13012'10" West, 1151.9 feet to a point in the centerline of a drainage
ditch;
Thence north 58050' East, 2233.3 feet along the centerline of said drainage ditch to a
point in the West boundary line of said S. L. & S. F. Railroad right-of-way;
Thence along the West boundary line of said railroad right-of-way on the following
calls: along a curve to the right having a radius of 5071.4 feet and a central angle of 05026', a
distance of 480.9 feet; North 14020' East, 396.0 feet; South 75040' East, 25.0 feet and North
14020' East, 911.3 feet to the place of beginning containing 128.58 acres ofland.
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.
The LESSOR owns all fences now existing on the Water Treatment Plant property, but said fence is not
suitable for containment of cattle. LESSEE may utilize electric fencing as necessary. Any permanent fencing
will be maintained by the LESSEE and at LESSEE'S expense.
That it shall be lawful for LESSOR's Utilities Department personnel to enter upon the leased premises,
and every part thereof, at all times for the purpose of inspecting and examining the condition thereof.
-2-
r"
The LESSOR will, throughout the term of this lease agreement, control the quantity, duration,
application rate, and location of application of the sludge generated from the Water Treatment Plant and applied
to the lease property.
It is understood, agreed and provided that the CITY OF PARIS shall not be liable or responsible to the
said LESSEE for damages or loss of any kind whatsoever concerning the hay and grasses grown and to be
grown on said premises, but LESSEE assumes all risks incident to and connected with the same.
LESSEE agrees to hold LESSOR hannless from any liability claim resulting from LESSEE or
LESSEE'S agents or employees actions of whatever nature.
LESSEE agrees to pursue good land management practices with regard to the leased premises.
The LESSEE agrees to cut or mow all grasses and hay on the entire leased property at a minimum of two
(2) times per year regardless whether hay is baled for LESSEE's use or not. If LESSEE does not cut or mow all
grasses and hay on the entire property at a minimum of two (2) times per year, the LESSOR reserves the right
to allow another party(s) the right to cut and bale grass and hay, 30 days following written notice to the
LESSEE.
The LESSEE shall be responsible for supplying any and all needed chemicals or other supplies to be
used at the leased premises. All chemicals to be used on the premises must be approved by the Director of
Utilities or his assigned, prior to use.
All improvements, including fences, made upon the premises by LESSEE, shall at once become the
property of LESSOR and shall be surrendered to LESSOR upon the termination or expiration ofthis lease.
The LESSEE agrees to remove baled hay from the leased premises within ten (lO) days after bailing
takes place.
The LESSEE will take good care of the leased premises and be responsible and make good to LESSOR
all injuries and damages to the same caused by LESSEE or those under him and will deliver same to LESSOR
at the expiration or termination of this Lease in as good condition as when completed, usual wear and tear alone
excepted; and LESSEE will, upon the expiration of this Lease, peaceably yield up to LESSOR all and singular
the premises and all future improvements, additions, or repairs to or upon same, in good repair.
-3-
In the event that LESSEE shall keep each and every agreement contained herein and do and perform all
the 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 two (2) years from and after the
expiration of this agreement. Said option may be exercised by LESSEE's giving notice in writing of LESSEE's
intention to renew said lease 180 days prior to the expiration of the primary term.
Executed on the dates shown in acknowledgments below.
CITY OF PARIS, PARIS, TEXAS
ATTEST:
Richard Manning, Mayor
Janice Ellis, City Clerk
APPROVED AS TO FORM:
John D. Lestock, Assistant City Attorney
Loyd Barrow
Sybil Barrow
STATE OF TEXAS ~
COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, on this day personally appeared Richard Manning, 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 12th day of June 2006.
Notary Public, State of Texas
-4-
r"
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 _ day of June 2006.
Notary Public, State of Texas
-5-
I '6,}
STATE OF TEXAS
TEXAS DEPARTMENT OF WA"'" ')
EXHIBIT -A..
I ~ "'= =:- ~__ \ - :.,'......... i: +
.
RESOURCES
~-\
'.:,' -\ '
- - !
: _;~ -::;. 'l
-- "'" ~'
'-~------
I~" ~ 1,:'\
li.._--:-- \-;."'''
1''---',
, ~ _...../