HomeMy WebLinkAboutResolution - 030470A - Water Rights Agreement - J.L. Birdwell Et Al - Bailey County - 03_04_1970RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a WATER RIGHTS
AGREEMENT between the City of Lubbock and J. L. Birdwell, Cordie Birdwell,
Johnnie B. Brown, W. R. Brown, Christine B. Keeney, W; E. Keeney,
J. E. Birdwell, Genene Birdwell, Arlene B. Phelps, Bernard Phelps covering
property situated in Bailey County, Texas, attached herewith which shall be spre
upon the minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 4th day
ATTEST:
1 44� �Q- �'_
Lave is Lowe, CitySecretary-Treasurer
APPROVED:
. Senter', Jr., City
The City Council considered the proposal of J. L. and J. E. Birdwell
y9 for exchange of water rights located in the Sandhills Well Field.
Maps were shown by City Engineer Wilford Watson and Director of
Public Works Sam Wahl, showing location of new wells to be drilled
and land to be exchanged. Motion was then made by Councilman
Rigsby, seconded by Councilman Granberry, motion carried, Mayor
Rogers and Councilmen Granberry, Hollingsworth, Rigsby and Turner
voting Yea, none voting Nay, to authorize legal instruments to be
prepared and presented to the City Council at a later date to
effect this exchange.
(33) Copy Notice of Sale
In accordance with the above Notice of Sale Mayor Rogers called
for bids on $2,500,000 City of Lubbock Airport Revenue Bonds,
but no bids were Oresented.
(34) Motion by Councilman Turner, seconded by Councilman Granberry, motion
carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby
and Turner voting Yea, none voting Nay, to authorize purchase of
approximately two acres of land adjacent to Chris Harwell School at
40th Street and Avenue B. The consideration being in the amount of
$5,400.00.
(34a) Motion by Councilman Turner, seconded by Councilman Granberry, motion
carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby
and Turner voting Yea, none voting Nay, that Ordinance No. 5596 be
passed on first reading.
Copy Appropriation Ordinance No. 5596 to appropriate $5,400.00 from
Park Bond Fund for acquisition of approximately 2 acres of land
adjacent to Chris Harwell School at 40th Street and Avenue B.
(35) Motion by Councilman Rigsby, seconded by Councilman Granberry, motion
carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby
and Turner voting Yea, none voting Nay, to authorize the reappointment
of Dr. David ti. Cowgill as City Health Officer.
Copy Oath of Office
(6) Mrs. John McLarty and Mrs. Alexander Kline appeared before the City
Council and gave the following statements concerning the legislative
bill concerning libraries.
Copy statements
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{
THE STATE OF TEXAS
COUNTY of BAILEY WATER RIGHTS AGREEMENT
WHEREAS, on January 30, 1953; JOHN L. BIRDWELL and wife,
CORDIE BIRDWELL; J. E. BIRDWELL and wife-, GENENE BIRDWELL;
BERNARD PHELPS and wife, ARLENE PHELPS; and W. R. BROWN and
wife, JOHNNIE BROWN, entered into a Deed of Exchange with
L. A. Purtell and wife, Hazel Purtell, whereby the said parties
exchanged certain property situated in Bailey County, Texas,
as fully described in said Deed of Exchange dated January•30,
1953, recorded in Volume 59, on Page 154, Deed Records of
Bailey County, Texas, and to which Deed of Exchange and the
record thereof reference is hereby made for all lawful
purposes;
WHEREAS, JOHN L. BIRDWELL and wife, CORDIE BIRDWELL,
j
and J.'E. BIRDWELL and wife, GENENE BIRDWELL, conveyed to
L. A. Purtell and wife, Hazel Purtell, certain water rights
in, on and under certain lands situated in Bailey County,
Texas, all as more fully described in the above described
Deed of Exchange, which water rights, as to certain tracts of
land, were conveyed thereafter by the said L. A. PURTELL and
wife, HAZEL PURTELL, to the CITY OF LUBBOCK;
WHEREAS, JOHN L. BIRDWELL and J. E. BIRDWELL, as First
Parties, and the CITY OF LUBBOCK, as Second Party, made and
entered into that certain Contract dated`October;,j29, 1957,
recorded in Volume 73, Pages 85-92, Deed Records of Bailey
County, Texas, reference to which Contract and the record there-
of is hereby made for all purposes;
�
WHEREAS, the undersigned parties desire to make certain
changes''in the use and location of water rights now owned,
held and.claimed by each of them;
R;
WHEREAS, the undersigned J. L. BIRllWELL and wife, CORDIE
BIRDWELL are the owners of the following described land
J
situated in Bailey County, Texas, to -wit: -
M
The Southwest One -quarter (S!/4) of Section
Fifty -Six (56), Block Z, W. D. $ F. W.
Johnson Subdivision, situated in Bailey
County, Texas, as shown by the plat made by
Sylvan Sanders, dated August 30, 1955, recorded
in Volume 64, at Page 181, of the Deed Records
of Bailey County, Texas, containing 187.5 acres
of land, more or less;
WHEREAS, the undersigned, J. L..BIRDWELL and CORDIE
BIRDWELL are the owners of an undivided fifty-five per cent
(55%) and the undersigned, J. E. BIRDWELL is the owner of
an undivided forty-five per cent (45%) interest in and to
t:he following described tracts of land, to -wit:
First Tract: The Southwest One -quarter (SW/4)
of Section -Forty -One (41), Block Z, 11. D. f, F. W.
Johnson Subdivision, situated in Bailey County,
Texas, as shown by the plat made by Sylvan Sanders
dated August 30, 1955, recorded in Volume 64, at
Page 181 of the Deed Records of Bailey County,
Texas, containing 181.4 acres of land, more or less;
Second Tract: The Southeast One -quarter (SE/4)
of section Fifty -Six (56), Block Z, 11. D. f F. W. '
Johnson Subdivision, situated in Bailey County,
Texas, as shown by the plat made by Sylvan Sanders,
dated August 30, 1955, recorded in Volume 64, at
Page 181, of the Deed Records of Bailey County,
Texas, containing 193.7 acres of land, more or less;
WHEREAS; the undersigned, JOHNNIE B. BROWN is the owner
of an undivided forty-nine per cent (49%) interest and the
undersigned, J. L. BIRDWELL and wife, CORDIE BIRDWELL are
the owners of an undivided fifty-one per cent (51%) interest
in and to the following described tracts of land, to -wit:
Sections 16, 17, 49, 50 and 51, Block A,
Melvin Blum $ Blum Survey, Bailey
County, Texas;'
WHEREAS, CHRISTINE B. KEENEY is the owner of an undivided
.forty-nine per cent (49%) interest, and the undersigned,
J..L. BIRDWELL and wife, CORDIE BIRDWELL are the owners of
an undivided fifty-one per cent (51%) interest in and to the
following,described tracts•of land, to -wit:
First Tract: Section One (1), Block 0,
1'. H. Jones Survey, situated in Bailey
County, Texas;
Second Tract: The North 383.33 acres of
Section Three (3), Block 0, T. H. Jones
Survey, Bailey County, Texas, being more
fully described as Tract No. 3, in Parcel No. l
on Exhibit "B" in Warranty Deed from J. L.
Birdwell and wife, Cordie Birdwell, as Grantors,
to Johnnie B. Brown, et al, dated December 16,
1963, recorded in Volume 93, on Pages 461-485,
Deed Records of Bailey County, Texas, reference to
which deed and the record thereof is hereby made
for all lawful purposes and for a more particular
description of said land;
•Third Tract: Sections 53 and 54, Block A, Melvin
Mum 6 Blum Survey, Bailey County, Texas;
WHEREAS, the undersigned, J. E. BIRDWELL, is the owner
of an undivided forty-nine per cent (49%) interest, and the
i undersigned, J. L. BIRDWELL and wife, CORDIE BIRDWELL., are
7 the owners of an undivided fifty-one per cent (51%) interest
in and to the following described tracts of land, to -wit:
First Tract: The South 228.17 acres of Section 3,
Block , . Jones Survey, situated in Bailey
County, Texas, which tract is more particularly
described by metes and bounds as Tract No. 2 in
Parcel No. 3 on Exhibit "C" in Warranty Deed
from J. L. Birdwell and wife, Cordie Birdwell, as
Grantors, to Johnnie B. Brown, et al, dated
• December 16, 1963, recorded in Volume 93, on -
Pages 461-48S, Deed Records of Bailey County,
Texas, reference to which deed and the record
thereof is hereby made for all lawful purposes
and for a more particular description of said
land;
Second Tract: Sections 64,65, 66 and 79, Block A,
Melvin Blum T Blum Survey, Bailey County, Texas;
WHEREAS;the:..iindersigned, ARLENE B. PHELPS, is the owner
of an.undivided forty-nine per cent (49%) interest and the
undersigned, J. L. BIRDWELL and wife, CORDIE BIRDWELL are the
owners of an undivided fifty-one per cent. (51%) interest
j in and to the following described tract of lan4, to -wit:
Labors 7 and 8 in League 172, Sutton County
School Land, situated in Bailey County,
Texas, and being a part of Tract No. 1,
Parcel No. 4, Exhibit "D" of that certain
P:arranty Deed from J. L. Birdwell and wife,
Cordie Birdwell, to Johnnie B. Brown, et al,
{ dated December 16, 1963, recorded in Volume 93,
t on Pages 461-485, Deed Records of Bailey
Couiity, Texas, reference to which deed and
the record thereof is hereby made for all lawful
purposes and for a more particular description
of said land;
NOW, THEREFORE, KNOW ALL MEN•BY THESE PRESENTS:
a
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THAT for and in consideration of the premises and
4
the mutual covenants contained herein, this Water Rights -
Agreement is made and entered into this the 1st day of
:March, 1969, by and between J. L. BIRDWELL (also known as
John L. Birdwell) and wife,.CORDIE BIRDi4ELL, of Lubbock
County, Texas; JOHNNIE B. BROWN and husband, W. R. BROWN,
a of Bailey County, Texas; CHRISTINE B. KEENEY and husband,
W. E. KEENEY, of Lubbock County, Texas; J. E. BIRDWELL and
1 wife,'GENENE BIRDWELL (also known as Genene B. Birdwell),
1j of Lubbock County, Texas; and ARLENE B. PHELPS and husband,
i; BERNARD PHELPS, of Fisher County,•Texas, and the CITY OF
1
�LUBBOCK., a Municipal Corporation, acting herein by and
i through its Mayor thereunto duly authorized, hereinafter .
called CITY OF LUBBOCK, as follows, to -wit:
I
S
i PART I - CONVEYANCE OF WATER RIGHTS TO
CITY OF LUBBOCK
• For and in consideration of the sum of TEN AND N0/100
DOLLARS ($10.00) and other good and valuable consideration,
43 the receipt of which is hereby acknowledged, the undersigned,
J. L. BIRDIVELL and wife, CORDIE BIRDIVELL and J. E. BIRDIVELL
I and wife, GENENE BIRDWELL, have GRANTED, SOLD and CONVEYED,
and by these presents do GRANT, SELL and CONVEY unto the
i
CITY OF LUBBOCK, a Municipal Corporation, all of the following
described property situated in Bailey County, Texas, -to -wit:
'! All of the water rights, as that term is defined
in'Part VI. -"Definition of Terms" of this Water ,
Rights Agreement, together with all rights and
? 'privileges pertinent thereto..in, on and under the
following described land situated in Bailey
County, Texas, to -wit:
l
First Tract: •The Southwest One -quarter (SW/4)
of Section -Forty -One (41), Block Z, W. D. &
F. 1V. Johnson Subdivision, situated in Bailey
County, Texas, as shown by the plat made by -Sylvan
Sanders, dated August 30, 1955, recorded in
Volume 64, at Page 181 of the Deed Records of
Bailey County, Texas, containing 181.4 acres of
land, more or less;
Second Tract: The Southwest One -quarter (SW/4)
# of Section Fifty=Six (56), Block Z, W. D. &
F. 1V. Johnson Subdivision, situated in Bailey
County, Texas, as shown by the plat made by Sylvan
Sanders, dated August 30, 1955, recorded in
Volume 64, at Page 181, of the Deed Records of
Bailey County, Texas, containing 193.7 acres of
land, more or less;
Third Tract: The Southeast One -quarter (SE/4)
of Section Fifty -Six (56), Block Z, W. D. $ F. W.
Johnson Subdivision, situated in Bailey County,
Texas, as shown by the plat made by Sylvan•_Sanders,
dated August 30, 1955, recorded in'Volume 64, at
Page 181, of the Deed Records of Bailey County,
Texas, containing 187.5 acres of land, more or less;
PROVIDED, HOWEVEM, there is hereby saved and excepted
by the Grantors, J. L. BLrdwcll and wife, Cordie
Birdwell and J. E., Birdwell, for themselves, their
heirs and assigns, such quantities of water under
the above described First and Third Tracts of land
as -may be required to carry on usual and normal domestic
and ranching operations and such agricultural under-
tak•inos on said land, excluding use of such water for
ir.rioation purposes, and SAVE AND EXCEPT such quantities
or water as may be required for normal and customary
operations in the area for the production of oil, gas
and other minerals from said land, but excluding water
for secondary recovery operations for production of
oil,. gas and other minerals;
3 •
PROVIDED, FURTHER, there is hereby saved and excepted
by the Grantors,,.J. L. Birdwell and wife, Cordie
Birdwell, for themselves, their heirs and assigns,
such quantities of water under the above described
SecondTract of land as may be required to carry on
usual and normal domestic and ranching operations
and such agricultural undertakings on said land,
excluding use of such water for irrigation purposes,
and SAVE AND EXCEPT such quantities of water as may
be required for normal and customary operations in
the area for the production of oil, gas and other
minerals from said land, but excluding water for
1g� secondary recovery operations for production of
.oil,,gas and other minerals;
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PART II - CONVEYANCE TO JOHNNIE B. BROWN
AND J. L. BIRDWELL
a
For and in consideration of the sum of TEN AND N0/100
DOLLARS ($10.00) and other good and valuable consideration, to
it in hand paid by JOHNNIE B-. BROWN out of her separate property
and.estate, and by J. L. BIRDWELL and wife', CORDIE BIRDWELL,
the receipt of which consideration is hereby acknowledged
and confessed, the CITY OF LUBBOCK, a Municipal Corporation,
has GRANTED, SOLD and CONVEYED, and by these presents does
GRANT, SELL and CONVEY unto JOHNNIE B. BROWN, as her separate
property and estate, an undivided forty-nine per cent (49%)
r
and unto the said J. L. BIRDWELL and wife, CORDIE BIRDWELL,.
an undivided fifty-one per cent (51%) of the following
described property situated in Bailey County, Texas, to -wit:
First: One 6" irrigation well site at any
location in Section 51, Block A, Melvin Blum -
& Blum Survey, Bailey County, Texas, as such
term "well site" is more fully defined in
Part VI- Definition of Terms, together with
all rights and privileges pertinent thereto;
Second: One 6" irrigation well site at any
location in Sections 49 or 50, Block A,
Melvin Blum F, Blum Survey, Bailey County,
Texas, as such term "well site" is more fully
defined in Part V - Definition of Terms, together
with all rights and privileges pertinent thereto;
Third: The right to transfer or move three 6"
irrig tion well sites from Sections 16 and 17,
Block A, Melvin Blum & Blum Survey, Bailey
County, Texas, to any place in Sections 49 or
50, Block A, Melvin Blum & Blum Survey, Bailey
County, Texas, which three (3) well sites were
provided for in the above described Deed of
Exchange dated January 30, 1953, and/or the above
described Contract dated October 29, 1957; and
the owners of the land do hereby agree to abandon
said three (3) well sites in said Sections 16 and
17, and agree to transfer or move said three (3)
well sites to any place in said Sections 49 or 50.
• f
j,'
PART III - CONVEYANCE TO CHRISTINE B.
KEENEY AND J. L. BIRDIVELL
For and in consideration of the sum of TEN AND N0/100
DOLLARS ($10.00) and other good and valuable consideration
to it in hand paid by CHRISTINE B. KEENEY out of her
separate property and estate, and by, J. L. BIRDWELL and
wife, CORDIE BIRDIVELL, the receipt of which consideration
is hereby acknowledged and confessed, the CITY OF LUBBOCK,
a Municipal Corporation, has GRANTED, SOLD and CONVEYED,
and by these presents does GRANT, SELL and CONVEY unto
Christine B. Keeney, as her separate property and estate,
an undivided forty-nine per cent..(49%) and unto the said
J. L. ]MI)WELL and wife, CORDIE BIRDWELL, an undivided fifty
one per cent (51%) of the following described property
situated in Bailey County, Texas, to -wit:
First: One 6" irrigation well site at any
03 cation in each of Sections 53 and 54, Block A,
Melvin Blum $ Blum Survey, Bailey County, Texas,
as such term "well site" is more fully defined in
Part VI - "Definition of Terms", together with all
rights and privileges pertinent thereto;
Second: The right to transfer or move one 6"
irrigation well site from Section 1, Block 0,
T. H. Jones Survey, Bailey County, Texas, to any
place in Section 54, Block A, Melvin Blum & Blum
Survey, Bailey County, Texas, which well site was
provided for in the above described Deed of Exchange '
dated January 30, 1953 and/or the above described
Contract dated October 29, 1957; and the owners
of the land do hereby agree to abandon said well
site in said Section 1 and agree to transfer or
move said well site to,any place in•.said Section 54.
PART IV - CONVEYANCE TO J. E.-BIRDWELL
AND J. L. BIRDWELL
For and in consideration of the sum of TEN AND N0/100
DOLLARS ($10.00) and other good and valuableconsideration
to it in hand paid by J. E. BIRDI+ELL out of his separate
property and estate, and by J. L. BIRDWELL and wife, CORDIE
BIRDWELL, the receipt of which consideration is hereby
acknowledged and confessed, the CITY OF LUBBOCK, a Municipal
Corporation, has GRANTED, SOLD and CONVEYED, and by these
presents does GRANT, SELL and CONVEY unto J. E. BIRDWELL, as
his separate property and estate, an undivided forty-nine
per cent (49%) and unto J. L. BIRDWELL and wife, CORDIE
BIRDWELL, an undivided fifty-one per cent (Sit) of the
following described property situated in Bailey County,
Texas, to -wit:
First: One 6" irrigation well site at an
location in Section 64, Block A, Melvin Blum
& Blum Survey, Bailey County, Texas, as such
term "well site" is more fully defined in
Part VI - "Definition of Terms", together with
all rights and privileges pertinent thereto;
Second: Four 6" irrigation well sites at any
To -cation in Sections 65 or 66, Block A, Melvin
Blum & Blum Survey, Bailey County, Texas, as
such term "well site" is more fully defined
in Part VI - "Definition of Terms", together
with all rights and privileges pertinent thereto;
Third: One 6" irrigation well site at any
onion in Section 79, Block A, Melvin Blum $
Blum Survey, Bailey County, Texas, as such
term "well site" is more fully defined in
Part -VI - "Definition of Terms", together with
all rights and privileges pertinent thereto;
Fourth: The right to transfer or move one 6"
it g tion well site from Section 3, Block 0,
T. 11. Jones Survey, Bailey County, Texas, to any
place in Section 66, Block A, Melvin Blum $ Blum
Survey, Bailey County, Texas, which well site was
provided for in the above described Deed of
Exchange dated January 13, 1953 andor the above
described Contract dated October 29, 1957; and
all of the owners (J. L. Birdwell, Cordie Birdwell,
Christine.B. Keeney and J. E. Birdwell) of said
Section 3, Block 0, do hereby agree to abandon
said well site in Section 3, Block 0 and do hereby
agree that the said J. E. Birdwell, J. L. Birdwell
and Cordie Birdwell are hereby authorized to transfer
or move said well site 'to any place in Section 66.
PART V - CONVEYANCE TO ARLENE B. PHELPS
ANDBIRDWELL
For and in consideration of the sum of TEN AND N01100
DOLLARS ($10.00)*and other good and valuabr consideration
to it in hand paid by ARLENE B. PHELPS, out of her separate
property and estate, and by J. L. BIRDWELL and wife, CORDIE
BIRDWELL, the receipt of which consideration is hereby
acknowledged and confessed, the CITY OF LUBBOCK, a Municipal
Corporation, has GRANTED, SOLD and CONVEYED, and by these
presents does GRANT, SELL and CONVEY unto ARLENE B. PHELPS,
as her separate property and estate, an undivided forty-nine
per cent (49%), and unto J. L. BIRDWELL and wife, CORDIE
BIRDWELL, an undivided fifty-one per cent (51%) of the
following described property situated in Bailey County,
Texas, to -wit:
One 6" irrigation well site at any
location in Labors 7 or 8, in
League 172, Sutton County School Land,
Bailey County, Texas, and being a part
of Tract No. 1, Parcel No. 4, Exhibit "D"
of that certain Warranty Deed from J. L.
Birdwell and wife, Cordie Birdwell, to
Johnnie B. Brown, et al, dated December 16,
1963, recorded in Volume 93, on Pages 461-485,
Deed Records of Bailey County, Texas, reference
to.which deed and the record thereof is hereby
made for a more particular description of said
land, as such term "well site" is more fully
defined in Patt VI -"Definition of Terms",
together with all rights and privileges
pertinent,thereto.
I
PART VI - DEFINITION OF TERMS
• 4
1. The term "water rights" as used.in this Water
Rights Agreement shall mean: All of the percolating and
underground water in, under and that may be produced from
the tracts of land described in"Part•I - Conveyance to
City of Lubbock" above, together with the exclusive right
to take said water from said tracts of land, together with
the full and exclusive rights of ingress and egress in,
over, and on said tracts of land, so that the owner of said
water rights may at any time and location drill water wells•
and test wells on said tracts of land for the purpose of
,investigating, exploring, producing, and getting access to
percolating and underground water;together with the right
to string, lay, construct, and maintain water and fuel pipe-
lines and trunk, collector, and distribution water lines,
power lines, communication lines, air vents with barricades,
observation wells with barricades, if required, not exceeding
ten (10) square feet of surface area, reservoirs, booster
stations, and access roads on, over and under said tracts
of land necessary or incidental to any of said operations;
together with the right to erect necessary housing for wells,
equipment and supplies; together with perpetual easements
for 'all such purposes described herein; together with the
right to use all that part of said tracts of land+necessary
or incidental to the taking of percolating and underground
water and the production, treating and transmission of water
therefrom and delivery of said water to the water system of
the City of Lubbock only; SAVE AND EXCEPT the domestic and
ranching water rights reserved in the Grantors of said water
rights as contained in•the grant above set out. It is
understood and agreed that for the purpose of this Water
Rights Agreement, water and minerals in water shall never
be construed as minerals. The Grantee of said water rights,
its/successors and assigns, shall pay THREE AND N0/100 DOLLARS
($3.00) per acre per year for all ground surface occupied
by housing facilities, fenced enclosures and roads
constructed and used by such Grantee, its successors and
Iassigns. Grantee, its successors and assigns, shall pay for
damages to any surface property proximately caused by any
operations or activities on said tracts of land by the owner
of said water rights, its agents or employees, for which no
payment is otherwise provided herein. Within a reasonable
time after conducting any operations on said tracts of land,
f the Grantee shall remove any trash, debris, or other material
or objects placed on such land by the Grantee, which clutter
up or detract from the usefulness of said land. Where the
owner of said water'rights constructs new roads through an
outside fence, such water rights owner will install and
maintain in such opening, gates of durable construction;
or, at the option and request of the owner of the land, the
owner of such water rights, its successors or assigns, will
install and maintain cattleguards. Where the owner of water
rights constructs or uses roads across inside fences, such
water rights owner will install and maintain cattleguards.
It is understood and agreed that locking of gates on the
outside fence shall not affect the right of entry, ingress
and egress of authorized officers, employees and contractors
of the owner of said water rights engaged in the business of
such owner of waterrightsand pertaining to water rights as.
herein defined.
2. The terms "well site" or 1161'.irrigation well site"
as used in this IVater Rights Agreement shall includethe
right to select one irrigation well site and to complete
and use the water from'such irrigation well for agricultural
irrigation purposes only and such'irrigation well may be
equipped with one pump having.only one column pipe and
:N -12-
r :,
PART VII - GENERAL PROVISIONS
1. This Waier Rights Agreement shall not affect the
provisions of the above described Deed of Exchange dated
January 30, 1953, and Contract dated October 29, 1957,
except as specifically amended or -changed by the express
terms of this agreement.
2. Each of the grants of water rights or well sites
made by this agreement are made in• consideration of the
grant made in turn by each grantee to such grantee's grantor
thereby making an exchange of lands. It is agreed and
understood, however, by all of the parties to this Water
Rights Agreement that no lien, either express or.implied,
shall arise in favor of any grantee against such grantee's
grantor as security for possible partial or total failure
of title granted and warranted by such Grantor, but each
.of the Grantees herein does hereby expressly waive any lien,
either express or implied, which could arise in law or in
fact by reason of such exchange of property.
3. Each of the Grantors does hereby represent and
covenant to and with each of the Grantees of such Grantor
that such Grantee shall have and hold the property conveyed
to such Grantee, together with ail the rights and appurtenances
thereto in anywise belonging, unto each of the above named
Grantees, respectively, their successors, heirs and assigns,
forever; and each of the above named Grantors as to the above
described real estate or property granted and conveyed by
each of said Grantors, does hereby bind himself, herself, itself,
and their respective successors, heirs and assigns, to Warrant
and Forever Defend, all and singular, the said premises
conveyed by each of said Grantors unto the respective Grantees
named in each of said grants „ their respective successors,
heirs and assigns, against every person whomsoever lawfully
claiming or to claim the sane,or any part thereof.
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EXECUTED this the 1st day of March, 1969.
J. L. B Rll4EL