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Home My WebLink About181-91 RESOLUTION• • RESOLUTION NO. 181-91 A RESOLUTION AUTHORIZING A LEASE AGREEMENT WITH THE HEIRS OF HERBERT A. LEWIS, SR FOR 25 ACRES OF LAND LOCATED BETWEEN LAKE SEQUOYAH AND THE EASTERN BOUNDARY OF THE LEWIS 76.5 ACRE FARM. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a lease agreement for the period of 10 years with the Herbert A. Lewis, Sr. heirs for 25 acres of land located between Lake Sequoyah and the eastern boundary of the Lewis 76.5 acre farm. A copy of the lease agreement authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 1st day of October , 1991. APPROVED: By ATTEST: By orness) City erk • LEASE This lease executed this 1st day of October , 1991 between the City of Fayetteville, Arkansas, hereinafter called "Lessor", and Marie Lewis and Herbert A. Lewis, Jr., Co -Trustees of the Herbert A. Lewis and Marie Lewis Trust, U/D dated April 19, 1990, hereinafter called "Lessees". WHEREAS, Lessees are the owners of approximately 76.5 acres of land which adjoins land owned by the City of Fayetteville adjacent to Lake Sequoyah; and WHEREAS, Herbert A. Lewis, Sr. had a lifetime license agreement with the City of Fayetteville to use the City's land; and WHEREAS, Herbert A. Lewis, Sr. is deceased and the parties desire to continue the aforesaid agreement by written lease. NOW, THEREFORE, Lessor and Lessee hereby agree as follows: 1. Lessor hereby leases to Lessees, and Lessees hereby lease from Lessor, the real property located in Washington County, Arkansas, described in Exhibit A attached hereto and made a part hereof. 2. The term of this lease shall be for a period of ten (10) years commencing on the execution date hereof; provided, Lessees shall have the option of extending this lease for an additional term of ten (10) years by giving Lessor written notice at least thirty (30) days prior to the expiration date of the original term, said notice to be sent by regular mail to the City Manager or Mayor at the City's regular mailing address. Provided further, Lessor may terminate this lease at any time for all or any portion of the demised premises by giving Lessees 90 days written notice by • • • • regular mail at Lessees' regular mailing addresses if Lessor determines that said premises are needed for public park purposes. 3. In consideration for Lessor leasing the demised premises to Lessees, Lessees shall maintain the demised premises in a sightly condition at all times. 4. Lessees shall use the demised premises solely to provide pasture for Lessees' livestock and to bale and remove hay. When baled, any hay shall immediately become the property of lessees. Lessees may erect and maintain fences on the demised premises, but Lessees are not obligated to erect or maintain any fences. 5. Lessees shall fertilize the demised premises so that, upon expiration of this lease or any extended term thereof, the demised premises shall be in as good condition as on the execution date hereof. 6. Lessees shall not remove, nor permit to be removed, any tree on the demised premises except dead trees. 7. Lessees shall not hunt, or permit any other person to hunt, on the demised premises. S. Lessees may assign this lease to the purchaser(s) of all or any portion of Lessees' property adjoining the demised premises. Any assignment shall be subject to the approval of Lessor which approval shall not be unreasonably withheld. 9. During the term of this lease, or any extended term, Lessor shall have the right to construct walking paths in close proximity to Lake Sequoyah which walking paths shall constitute a public easement for use by the general public. 10. Lessor shall have the right to enter the demised premises • • • • at any time for the purpose of inspecting the property, surveying, or constructing walkways; and, Lessor shall not be liable to Lessee for damages as a result of such entry, surveying, or construction. IN WITNESS WHEREOF, this lease is executed on the date first above written. By. Attest: CITY OF FAYETTEVILLE, ARKANSAS LESSOR MAYOR & 1 4 City Cle • de",<X/2•Cir-j2...c HERBERT A. LEWIS, HERBERT A. LEWIS 1228" 4S6 040 MARIE LEWIS, CO -TRU TEE OF THE HERBERT A. LEWIS ANAD MARIE LEWIS TRUST IE RUSTE LEWI OF THE TRUST LESSEES • 17, and the NWI NWI and the SWI NWI of Sec. 16, 7: 16 N, R 29W, of the 5th Principal Meridian in Washington County, Arkansas, more particularly described as follows, to-wit: All that part of the NEI NEI of said Sec. 17 which lies east of the centerline of the West Fork of White River; all of the north 066 feet of the EI SEI NEI of Sec. 17; all that part of the NWI SEI NEI of Sec. 17 lying north of a diagonal line between the SE corner of the NE+ NWI SEI NEI and the NW corner of the NWI SEI NEI all that part of the NWI NW1 of Sec. 16 which lies west of the east bank of White River; and all that part of the north 666 feet of the SWI NWI of Sec 16 which lies west of the east bank of White River, containing 63.0 acres, more or less. All that part of the SWI SWI SEI SWI of Sec. 16; all that part of the •SEI SEI of Sec. 17; all that part of the NEI NEI of Sec. 20; all that part of the NWI NWI, NEI NW*, SEI NWI, NWI NEI, SWI NEI, SEI NEI, NW* SEI, NEI SEI of Sec. 21, all in 'I' 16 N• 11 29W of the 5th Principal Meridian in Washington County, Arkansas, more particularly described as follows, to-wit: All that part of the said SW1 SWI and SEI SW* of Sec. 16 which lies west of the east bank of White River except the north 569 feet of the west 187 feet thereof, containing 35.1 acres, more or less. Beginning at the southeast corner of said SEI SEI of Sec. N • • • SEA SEA a distaQice of 751 feet; thence westerly a distance of 330 feet: thence solitherly a distance of 751 feet to a point in the south Boundary of said SEA SEA, thence easterly on and along said south boundary n distance of 330 feet to the point of beginning, containing 5.7 acres, more or less. Beginning at the northeast corner of said NEI NEA of Sec. 20, thence westerly on and along the north boundary of said NEA NEI a distance of 330 feet: thence southeasterly to a point on the east boundary of said NEA NEA 660 feet south of the northeast corner thereof; thence northerly on and along said east boundary Of the NEA NE a distance of 060 fret to the paint of beginning, containing 2.5 acres, more or less. All of said NWA NWA and NEA NWA of said Sec. 21; all that part of said SEA NWA and NWA SEA of Sec 21 which lies north of Arkansas State highway 16; all that part of said SWA NE1 of Sec. 21 except the east 660 feet of the north 92.4 feet; all that part of said NWA NEA of Sec. 21 beginning at the southwest corner thereof, thence east 300.3 feet, thence north 330 40' W to a point in the West boundary of said NWA NEA of Section 21; thence south 368.3 feet more or less, to the point of beginning; all that part of said SE} NEI of Sec. 21 beginning at a point 457.4 feet south of the northwest corner thereof; thence_ S 66 50' E 96.4 feet, thence N 85° 40' E 127.4 feet, thence S 82° 20' E 102.3 feet, thence 5 76° 50' L 97.7 feet, thence S 750 50' E. 137.3 feet, thence 5 55° 20' E 180.2 feet, thence 5 30° 20' E 132 feet, thence 5 17°25' W 198 feet, thence 5 10° 50' E 123.4 feet, thence 5 34 05' E 132 feet, thence S 53° 10' W 159.1 feet, thence S 39° 40' E 46.2 feet, thence N 73° 35' W 59.4 feet, thence west to the southwest corner of said SEA NE}, thence north 862.6 feet to the point of beginning; all that part of said NEI SEA which lies west of the sloughs, contain- ing 205.1 acres, more or less. Less and except Lake Sequoyah and the following described property: • A part of the Northeast (UarLCr (FIE 1/4) of0f theown- e Northeast Quarter (NE 1/4) of Section ship Sixteen North, Range 29 West of the 5th P.M., County of Washington, State of Arkansas, tandibein g more particularly described as follows, Beginning at a point which is North 660.0' and North 26° 34' West, 146.08', from the Southeast dcorner er of the above mentioned forty acre tract, a beginning ttrt of intersection of a froml rthe running parallel nnd1.00 ft. southward outside edge of the roof overhang on theth of the Herbert A. Lewis residence, thence boundary line of the City of Fayetteville; North 77° 38' East, 35. thence 77° 38' WNortorth 12 12°822' West, 87.51 feet, feet, to the intersection of the West boundary line of the City of Fayetteville, thence South 26° 34' East, 90.27' to the point of beginning, containing in all 0.0939 acres, more or less. •