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1992-043City of Southlake, Texas RESOLUTION NO.92-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING AND AUTHORIZING THE MAYOR TO RENEW AN AGREEMENT BETWEEN THE CITY OF SOUTHLAKE, AND THE PROPERTY OWNER OF LAND CONTIGUOUS TO PROPERTY OWNED BY THE CITY BEING LEASED ON A TEMPORARY BASIS UNDER STATED CONDITIONS; PROVIDING AN EFFECTIVE DATE. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That the City Council hereby approved and renewed the temporary lease agreement for City property in the form attached hereto as Exhibit "A" and authorizes and directs the Mayor to execute and deliver such agreement to the proper party on behalf of the city. Section 2. That this Resolution shall be in full force and effect from and after its passage. PASSED AND APPROVED this the /J/-- day Of4, 1992. 4 ........ latv Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS By: teary F c s, ayor OFFIC flf RD STATE OF TEXAS § S E P -. 2 3 1992 COUNTY OF TARRANT § OFFICE OF CITY SECRET CITY OF SOUTHLAKE § LEASE AGREEMENT WHEREAS, the City of Southlake ("City") is the owner of a dedicated right-of- way upon the property described in Exhibit "A," which is attached hereto, which property the "Property") was included into the City of Southlake at its incorporation; and WHEREAS, the City recognizes that it has the responsibility to maintain the Property; and WHEREAS, the City does not have a current and immediate need for the Property; and WHEREAS, the undersigned, hereinafter referred to as "Lessees" desire to lease the Property under certain hereinafter stated conditions; NOW, THEREFORE, the Parties hereto, the City and the Lessees, do hereby contract, covenant and agree as follows: Section 1. The City does hereby lease and let the Property to the undersigned Lessees. S ction 2. The term of the lease is for two(2) ears comme cin_a on the, _% day of 1992, and ending on the / dam day of 1994. This lease may be reviewed for continuous two (2) year periods each party notifying the other party in writing during the 24th month of the term of the lease. Section 3. The Lessees shall have the following rights, duties and responsibilities relative to the Property during the term of the lease: a. No permanent structures except fences may be constructed without written approval from the City. b. As consideration for the use of the Property, the Lessees shall maintain the Property in a manner that does not create a nuisance and that does not violate any law or City ordinance. C. The Lessees shall pay any ad valorem property taxes that may be levied against the Property. d. The Lessees agree to release, relieve, quitclaim and hold harmless the City, its City Council, employees, agents and servants for any and all claims, suits, personal slake\lease.agt Page 1 injuries, demands, property injuries arising out of or in any way connected, directly, or indirectly, with the lease and use of the Property by Lessees. e. The Lessees shall not be required to make any lease payments. Section 3. Either party may terminate the lease at any time by giving the other party thirty (30) days written notice. All improvements shall be removed by the Lessees within thirty (30) days of receipt of notice to terminate. Section 4. Venue for enforcement of this Agreement is Tarrant County, Texas. The laws of the State of Texas shall govern the interpretation of this Agreement. EXECUTED this /,' day of it 1992. S v H f F— : yn dna ```°``• Sandra LeGrand City Secretary CITY OF SOUTHLAKE l By: Fickes, ayor LESSEES Bill G. Taylor Flossie J. Taylor slake\1easeagt pane 20 STATE OF TEXAS § COUNTY OF § BEFORE the undersigned authority,on this da of ; 1992, personally appeared Gary Fickes, Mayor of the City' of Southlake/ and who, after being by me duly sworn, did upon oath state that the information contained in the above agreement is true and correct to the best of his knowledge and belief. SAVDRA L. LeGRAND j Notary Public STATE OF TEXASMycornmiss q MY Comm. Exp. 02/04/93 STATE OF TEXAS § COUNTY OF EN 6 r\i § otary Public, State of Texas ted ame: c n lr eran BEFORE ME, the undersigned authority, on this _,LL day of E T a c k , 1992, personally appeared Bill G. Taylor, who, after being by me duly sworn, did upon oath state that the information contained in the above agreement is true and correct to the best of his knowledge and belief. L11SA L. WAPD Yf '. NOTARY P;18t_IC M commi ' iretsom aie of texasmExp. 10.15.92C-/j- STATE OF TEXAS § COUNTY OF L § otary Public, State of Texas inted name•. S 'q /' - %i 1 P i` 1 BEFORE ME, the undersigned authority, on this LL day of SE,,57—e-,g7,dc2, 1992, personally appeared Flossie J. Taylor, who, after being by me duly sworn, did upon oath state that the information contained in the above agreement is true and correct to the best of her knowledge and belief. LISA L. WARD NOTARY PUBLIC Sate of Texas Comm. Exp. 10.15.92 rotary Public, State of Texas My Printed name: Y P 4'S y Z • GJ "qR-3 s1ake\1caseagt Page 3 Ri j Dove •Sewer Plant Street -Access "Property"- Owner(s) t TR P 38sJ . 381A TR 381 TR 3818 - 14 TR 381TR 381C 5.709 AC URVe 13 65 : = 7 8 TR 301 54 5 9.7' AC 4 3 2 63 1 LAKESIDE 62 of9 32 61 28 34 32 3364 Z 27 26 50 59 CL 49 51 ` "N SUL. 25 58 TR 302 as - 52 1`- 23 3.97 AC 57 24 47 . _. 53 , 22 53A 1 46 i 54 55 56 21 24 45 1 19 7-3 FLAMINGLY CT. 44 t 1{"39 42 c 1 385 r35' 0 17 2 32 32 33 3a 36 37 16 3a 30 WHITEWING CT. 29 28 27 26 25 24 23 I i 14 5 k City of Southlake. Texas M E M 0 R A N D U M September 10, 1992 TO: HONORABLE MAYOR FICKES AND COUNCILMEMBERS FROM: Sandra L. LeGrand, City Secretary SUBJECT: Authorizing the Mayor to execute a Lease Agreement between the City and Bill & Janie Taylor for Property in Dove Estates Resolution No. 92-43, authorizing the Mayor to execute a Lease Agreement between the City and Bill & Janie Taylor for property located in Dove Estates is a renewal of agreements beginning in 1988. Mr. and Mrs. Taylor live on property next to Dove Estates, located on the attached plat identified in yellow (Tract 3BID), next to a proposed roadway connecting their property to Lots #66 & #67 in Dove Estates. The proposed roadway between the properties has not been developed, however, is property of the city. The Taylor's have requested a renewal of their agreement with the City for use of the property under the terms in the agreement, which state: a) No permanent structures except fences may be constructed without -written approval from the City. b) The Owner(s) shall maintain the Property in a manner that does not create a nuisance and that does not violate any law or City ordinance. C) The Owner(s) shall pay any ad valorum property taxes that may be levied against the Property. However, it is not anticipated that any taxes will be levied. As noted in the Lease Agreement, this lease may be reviewed for continuous two (2) year periods, by each party notifying the other party in writing du -ring 24th month of the term of the lease. As a part of the agreement, the owners agree to release, relieve, quit -claim and hold harmless the City, its City Council, employees, agents and servants for any and all claims, suits, personal injuries, demands, property injuries arising out of or in any way connected, directly or indirectly, with the lease and use of the Property by owners. I have contacted the Taylors' and they can be present for the Council meeting if you feel it necessary. If you have any questions, please give me a call. sl Ilk 41li