HomeMy WebLinkAboutMinutes - City Council - Regular - 4/19/1956RECESSED REGULAR MEETING
April 19, 1956
Lubbock, Texas
The City Commission of the City of Lubbock, Texas, met in recessed regular session, recessed from
Regular Meeting of April 12, 1956, at the regular meeting place in the City Hall, the following
members thereof being present to -wit:
Mayor Pro -tern BAker, Commissioners 0. L. Byrd, David Casey and Homer G. Maxey, City Kanager H. P. Clifton
Absent: Mayor S. S. Forrest, Jr.
>6-15-1.42-372 Motion by Commissioner Byrd, seconded by Commissioner Casey, motion carried, ivayor Pro tern Baker and
Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, the following resolution was passed:
RESOLUTION
A RESOLUTION) AUTHORIZING TIC MAYOR TO EXECUTE AND DELIVER TO ROY L. PAYNE AND l:ARY JO PAYNE A
COI`•IVEYANCE OF THE WATER RIGHTS ON BEHALF OF THE CITY OF LUBBOCK TO THAT PORTION OF SECTION g, BLOCK A,
IN LUBBOCK COUNTY, TEXAS, AS. MORE P,'U�TICULARLY DESCRIBED BY I,1;TES AND BOUNDS I :T THE BODY OF THIS
RESOLUTIOi`T, SUBJECT TO CERTAIN COTDIDITIOI-S AS HEREINAFTER STATED.
WHEREAS, the City of Lubbock owns the water rights in and under that certain tract of land as more
particularly described by metes and bounds hereinafter; and such water rights are not now being
utilized, and will not in the future be used or needed for any public purpose; and,
WHEREAS, Roy L. Payne and Mary Jo Payne are the owners of the surface rights in said lands and
desire and need wate-- for domestic purposes in order to utilize their surface rights; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. THAT the mayor is hereby authorized and directed to execute on behalf of the City of
Lubbock, to Roy L. Payne and Mary Jo Payne, a conveyance of the water rights in and to the land
described by metes and bounds as follows:
BEGINNING at a point which is the Southwest corner of Section Eight (8), Block A, in Lubbock
County, Texas;
THENCE in a Northerly direction along the hest section line of said Section 8, a distance of
100.00 feet to a point;
TITE'•:CE in an Easterly direction parallel to tI-ie South Section line of said Section, a distance
of 435.60 feet to a point;
THE;;CE in a Southerly direction parallel to t'.e West Section line of said Section, a distance of
100.00 feet to a point;
THENCE in a Westerly direction along the Soutl section line of said Section, a distance of 435.60
feet to the POINT OF BEGINNING, containing 1 acre more or less.
SECTION 2. THAT such conveyance shall be n.ade upon the condition that Roy L. Payne and nary Jo
Payne will accept such conveyance subject to the following terms and conditions, to -wit:
(1) Roy L. Payne and Teary Jo Payne will agree to restrict the production of water from such
land by the use of one well with one pump with a maximum capacity of two-inch flow of water;
(2) That Roy L. Payne and Mary Jo Payne will restrict the use of said water for comestic
purposes upon the premises; and,
(3) That Roy L. Payne and I.:ary Jo Payne agree to never divert or transmit any of said water for
any purpose to any land extending beyond the boundzries of that land hereinabove described.
SECTION 3. THAT the City Secretary -Treasurer shall attest such conveyance affixing the seal of the
City of Lubbock thereto.
Passed by the Conunission this 19th day of April, 1956.
/s/ Lennis W. Baker
Mayor Pro -tern
ATTEST:
/s/ Lavenia Lowe
City Secretary -Treasurer
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
THAT the CITY OF LUBBOCK, a Home Rule Municipal Corporation, acting herein by and through its
"-Layor, heretofore authorized, for and in consideration of the sum of ONE HUNDRED AND NO/100 (100.00)
DOL-,ARS, cash to it in hand paid by ROY L. PAYNE and MARY JO PAYNE, of Lubbock County, 'Texas, the
receipt of which is hereby acknowledged and confessed, has GRAFTED, SOLD and CONVEYED, and by these
presents do GRANT, SELL and CONVEY unto ROY L. PAYNE and kARY JO PAYNE,, all the percolating and
underground water in, under and that may be produced from the hereinafter described tract of land situ
ated in Lubbock County, Texas, together with the full and exclusive rights of ingress and egress in,
over and on said land inorder t-Iat the grantees herein may at any time and location, drill one water
well on said land for the purpose of producing and netting access to percolating; and unde -,_;round water
which may or might be situated thereunder, together with the ri Pub to erect necessary housing for such
well, equipment and supplies, together with the right to use all :.hat part of said land necessary or
incidental to the takingof percolating and underground water ana the producing of such water which
may be recovered, subject to the conditions and covenant hereinafter stated, from said land described
as follows, to -wit:
BEGINNING at a point which is the Southwest corner of Section Eight (8), Block A, in Lubbock
County, Texas;
THEI CE in a Northerly direction along the West section line of sai : Section 8, a distance of
100.00 feet to a point;
THEi-CE in an Easterly direction parallel to the South section lime of said Section, a distance
of 435.60 feet to a point;
THENCE in a Southerly direction parallel to the ',,Test :Section line of said . Secti on, a distance
of 100.00 feet to a point;
THENCE in a Westerly direction along the South section lime of said Section, a distance of 435.60
feet to t-e POINT OF BEGINNING.
Said tract containing one (1) acre, more or less.
No change or division in ownership of the land however accom;.lished, shall ever operate to diminish the
rights herein granted to the grantees,their heirs and assigns, or to enlarge the rights of the grantor,
its successors and assigns.
It is expressly understood and agreed and here stiputlated that grantees hold the above described
rights to produce or take water from said premises, subject to the following terms and conditions, and
grariees understand and agree, as follows; to restrict the production of water from such land by the use of
one well with one pump of maximum capacity of a two-inch flow of water; and to restrict the use of said
waterfor domestic use upon the premises; and to never divert or transmit said water for any purpose to
land extending beyond the boundaries as hereinabove described. Urantees to hold sucL water rights subject
to such restrictions and conditions, and agree that same are a covenant running with the land, and binding
upon their heirs and assigns, and expressly agree that the violation of any one or all of such conditions
and restrictions will terminate the rights of grantees to produce or take any water from said premises,
and all such rights will revert immediately to the CITY OF LUBBOCK, its successors or assigns, without
further action of grantor, its successors or assigns.
It is expressly agreed and understood by the term "water rights" as used herein, means all percolating
and underground water pertaining to the land, including the right to reduce the same to possession fog, use
upon t t:e tract of land i erein described.
It is further understood and agreed that grantees will never at any time have or clai.:i. any cause of
action against the grantor, its successors and assigns by reason of drainage of water from said land which
may be due to or caused by the drilling of any well or wells by grantor on any land which may be abutting,
adjacent to or in the vicinity thereof.
It being the intention of this instrument to grant, sell and convey unto the said ROY L. PAiNE 1-ID
I,!ARY JO PAYNE, their heirs and assigns, the percolating and underground water in, under and that may be
produced from the tract of land hereinabove described which may or might be produced by the use of a two-
inch pump.
The acceptance of this instrument and the use of the rights herein granted shall constitute and be a
ratification by grantees of the agreements and covenant herein stated, and grantees do hereby ratify and
confirm such agreements and covenant by acceptance of this instrument, and the exercise of ;;he rights to
produce water herein granted.
TO HAVE AND TO HOLD the above described premises together with all and singular, the rights anti
appurtenances thereto in anywise belonging unto the said ROYL. PAYNE Ai:D MARY JO PAYNE, their heirs
and assigns forever.
IN WITNESS ia1HEREOF, the CITY OF LUBBOCK has caused to be signed this instrument by its Mayor heretofore
duly authorized, and attested by its Secretary -Treasurer, by affixing the seal of the said CITY OF' LUBBOCK
hereto, this the 15th day of April, 1956.
CITY OF LUBBOCK
BY: Isf Lennis W. Baker
Liayor Pro -tan
ATTEST:
/sf Lavenia Lowe
City Secretary -Treasurer
THE STATE OF TEXAS
COUNTY OF LUEMOCK
BEFOi,E Imo, the undersigned authority, a :"otary i ublic, in and ._or said County, Texas, on this day
personally appeared LENNIS W. BAKER, known to me to be the r-e,-son whose name is subscribed to the foregoing
instrument and acknowledged to me that ne executed the same as the act andd�ed of the CITY OF LUBBOCK and
as MAYOR PRO-TEM , for the purposes and consideration therein expressed, and in the capacity therein stated
GIVEN UNDER LY HAND AND SEAL OF OFFICE, t`iis 19th day of April, 1956.
%s/ Arlar Womble
SEAL Notary Public, Lubbock County, Texas
NO FURTHER BUSINESS CO1Vd G UP FOR CONSIDERATION., THE CITY COi4i][SSION RECESSED FO MEET
APRIL 20, 1956.
READ AND APPROVED THIS THE 26th DAY OF April 1956.
i
fa Lowe, CiLy Secretary -Treasurer S. S. Forrest; Jr. I�L