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HomeMy WebLinkAboutResolution - 3187 - Addendum To Memo Of Agreement - Landowners, Lake Alan Henry - 08/24/1989Resolution # 3187 August 24, 1989 Item #20 JCR:dw orcni 11TTnm 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 an Addendum to Memorandum of Agreement to be entered into by and between said City and Billy Wayne Williams and wife, Patsy Williams; Carol Sue Reed and husband, John E. Reed, said addendum being to a Memorandum of Agreement being executed by the aforesaid parties and other parties under date of April 3, 1986, said addendum to Memorandum of Agreement being concerned with acquisition of land in connection with Lake Alan Henry (formerly called Justiceburg) Reservoir Project in such form as shall be satisfactory to the City Attorney. Passed by the City Council this 24th day of August , 1989. ir B. C. McNINN, MAYOR Ranel�te Boyd, City Se&et'ary APPR VED AS TO CONTE am Wahl, Direc oro Water Development APER VE AS TO FORM: J n C. Ross, Jr., City 4torney ReA�— City Attorney GRAVES, DO U G H ERTY,, H EARO N & MOODY IRELAND GRAVES 11885-19M 2300 NCNB TOWER BEN F. VAUGHAN, =, P.C. POST OFFICE BOX 98 or couNseL AUSTIN. TEXAS 78767 TELEPHONE: 45121 480-5600 SHARI O. SHIVERS (512) 480-5657 TELECOPY NUMBER: (512) 478-1976 September 7, 1989 Mr. J. Worth Fullingim Assistant City Attorney P. O. Box 2000 Lubbock, Texas 79457 Re: Justiceberg land acquisition Dear Mr. Fullingim: Enclosed please find two original executed Addendums to Memorandum of Agreement dated August 24, 1989. If you have any questions or comments, please do not hesitate to call me. Very truly yours, GRAVES, DOUGHERTY, HEARON & MOODY By: 1 S --)` Shari O. ivers cc: Thomas I. Davies, Esq. (Firm) GRAVES, DOUGHERTY HEARON & MOODY IRELAND GRAVES (1885-1909) 2300 NCNB TOWER BEN F VAUGHAN. =. P.C. POST OFFICE BOX 98 Of COUNSEL AUSTIN, TEXAS 78767 TELEPHONE: 1512) 480-5600 SHARI O. SHIVERS TELECOPY NUMBER: (512) 480-5657 (5121478-197e 4ec. TO: Mr. J. Worth Fullingim Assistant City Attorney City of Lubbock Post Office Box 2000 Lubbock, Texas 79457 FROM: Shari O. ShiversSO6 DATE: August 11, 1989 SUBJECT: Addendum to Memorandum of Agreement ENCLOSED PLEASE FIND: Four (4) executed originals of the Addendum to Memorandum of Agreement For your information In accordance with your request Please sign and return Please telephone For your files Please record cc: Glenn Johnson (firm) Thomas I. Davies (firm) Robert M. Roller (firm) Resolution #3187 _.T-- August 24, 1989 Item #20 ADDENDUM TO MEMORANDUM OF AGREEMENT This Agreement (this "Agreement") is entered into on the day and date last appearing, by and between the City of Lubbock, Texas (hereinafter called "City") , and Bi11y....Wayne Williams and wife, Patsy Williams and Carol Sue Reed and husband, John E. Reed (hereinafter called the "Sections 11 and 12 Owners"); WHEREAS, City did enter into a certain Memorandum of Agreement executed April 3, 1986 (hereinafter called the "Memorandum of Agreement"), with certain landowners (hereinafter called the "Landowners"), as more fully described and set forth in said :Memorandum of Agreement, a copy of which is attached hereto as Exhibit A and incorporated herein for all purposes; and WHEREAS, the Sections 11 and 12 Owners are among those named as the Landowners in the Memorandum of Agreement; and WHEREAS, pursuant to the terms and provisions of the Memorandum of Agreement, City has entered into the following contracts of sale (hereinafter called the "Contracts of Sale") for the purchase of real property'to be conveyed by the Landowners to City: 1. Contract of Sale between City and Billy Huddleston dated February 21, 1989, recorded in Volume 179, Pages 148-222 (inclusive), Deed Records of Garza County, Texas, and in Volume 193, Pages 725-799 (inclusive), Deed Records of Kent County, Texas, which Contract of Sale is incorporated herein by reference; and 2. Contract of Sale between City and Carol Sue Reed and husband, John E. Reed, dated April 20, 1989, recorded in Volume 180, Pages 419-439 (inclusive), Deed Records of Garza County, Texas, which Contract of Sale is hereby incorporated herein by reference; and 3. Contract of Sale between City and Mary Ellen Headstream and husband, J. W. Headstream, dated April 7, 1989, recorded in Volume 179, Pages 562-697 (inclusive), Deed Records of Garza County, Texas, and in Volume 194, Pages 103-234 (inclusive), Deed Records of Kent County, Texas, which Contract of Sale is hereby incorporated herein by reference; and 4. Contract of Sale between City and Nonnie Rodgers Ward and husband, John Ward dated April 181 1989, recorded in Volume 180, Pages 1-210 (inclusive), Deed Records of Garza County, Texas, which Contract of Sale is hereby incorporated herein by reference; 5. Contract of Sale between City and Billy Wayne Williams and wife, Patsy Williams, dated April 21, 1989, recorded in Volume 180, Pages 440-550 (inclusive), Deed Records of Garza County, Texas, which Contract of Sale is hereby incorporated herein by reference; and 6. Contract of Sale between City and Walter Boren and Mildred Boren Wood dated May 25, 1989, recorded in Volume 181, Pages 604-751 (inclusive), Deed Records of Garza County, Texas, and rerecorded in Volume 182, Pages 230-377 (inclusive), Deed Records of Garza County, Texas, which Contract of Sale is incorporated herein by reference; and WHEREAS, City has made a non-refundable deposit of twenty-five percent (25%) of the full purchase price to be paid pursuant to the Contracts of Sale; and WHEREAS, City is ready, willing and able to close on each of the Contracts of Sale, including paying the unpaid seventy-five percent (75%) .of the full purchase price to be paid pursuant to the respective Contracts of Sale; and WHEREAS, it is the understanding of the parties that the Landowners are ready, willing and able to close on each of the Contracts of Sale, including conveying title to City; and 2 WHEREAS, City, pursuant to the Memorandum of Agreement, has identified other lands necessary to full accomplishment of the terms of the Memorandum of Agreement; and WHEREAS, such other lands are more fully described in a draft Contract of Sale (the "Sections 11 and 12 Contract of Sale") which is attached hereto as Exhibit B and made a part hereof for the purpose of describing the land and identifying the owners thereof; and WHEREAS, the Sections 11 and 12 Owners assert ownership over and to the land out of Sections 11 and 12, Block 6, H & GN RY CO. Survey, Garza County, Texas, described in Exhibit B (hereinafter called the "Sections 11 and 12 Land"); and WHEREAS, City has made exception to the Sections 11 and 12 Owners' title to the Sections 11 and 12 Land due to certain provisions concerning the beds of Big Sand Creek and all its tributaries and the beds of Double Mountain Fork of the Brazos River and all its tributaries and the right of egress and ingress for purposes of removing sand and gravel therefrom as set forth in one certain divorce decree entered on March 16, 1925, recorded in Volume 2, Page 20, of the Garza County District Court Minutes and in one certain deed dated March 16, 1925, recorded in Volume 28, Page 391, Deed Records, Garza County, Texas (hereinafter called the "Title Exception"); and 't WHEREAS, the Sections 11 and 12 Owners are currently undertaking legal action to clear the Title Exception; and WHEREAS, the Sections 11 and 12 Owners and City desire to separate the Sections it and 12 Land from the terms of the Memorandum of Agreement and to abate the Memorandum of Agreement as to the Sections it and 12 Land until such time as the Title Exception has been cleared; NOW THEREFORE, in consideration of the covenants and agreements herein contained and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and the Sections it and 12 Owners agree as follows: 7 1. That the provisions of paragraph VII of the Memorandum of Agreement shall be abated and not enforced until such time as the Sections 11 and 12 Owners notify City that the Title Exception has been cleared and that the Sections 11 and 12 Owners are ready, willing and able to convey to City (i) Tracts A and 8 (as described in the Sections 11 and 12 Contract of Sale) of the Sections 11 and 12 Land in fee (the oil, gas and other hydrocarbon minerals being reserved to the Sections li and 12 Owners), by warranty deed, free and clear of all outstanding liens, mortgages, deeds of trust or other indebtedness but subject, however, to any and all easements, leases, rights-of-way, restrictions, outstanding mineral interests and royalty interests, if any, relating to or affecting the Sections 11 and 12 Land, (ii) a flood and restrictive easement upon Tracts C (in accordance with the Memorandum of Agreement and the Sections 11 and 12 Contract of Sale) and (iii) a restrictive easement upon Tracts D (in accordance with the Memorandum of Agreement and the Sections 11 and 12 Contract of Sale). 2. That the Sections it and 12 Owners shall join with the Landowners in forthwith dismissing all causes of action identified in paragraph VIII of the Memorandum of Agreement. 3. That the Sections it and 12 Owners shall pursue with reasonable diligence, all legal action necessary to remove the Title Exception and shall keep City informed as to such activity. 4. That City shall, within thirty (30) days of the entry of the order of dismissal of all causes of action identified in paragraph VIII of the Memorandum of Agreement, close each of the Contracts of Sale and pay the unpaid seventy- five percent (75%) of the full purchase price to be paid to each of the Landowners pursuant to the Contracts of 4 I Sale in consideration of the conveyance by each of the Landowners of the lands described in the Contracts of Sale in accordance with the Contracts of Sale and the Memorandum of Agreement. 5. That within thirty (30) days after the Sections it and 12 Owners have cleared the Title Exception and given written notice of such fact to City, City shall close the Sections 11 and 12 Contract of Sale and pay the full purchase price to be paid pursuant to the Sections 11 and 12 Contract of Sale in consideration of the conveyance by the Sections 11 and 12 Owners of the lands described in the Sections 11 and 12 Contract of Sale in accordance with the Memorandum of Agreement and the Sections 11 and 12 Contract of Sale. 6. Save and except as specifically amended by this Agreement, the Memorandum of Agreement shall remain in full force and effect. 7. City and the Sections 11 and 12 Owners agree to execute the Sections 11 and 12 Contract of Sale at such time as the Sections 11 and 12 owners have either cleared the Title Exception or notified City that the Title Exception has not been cleared. Notwithstanding any provision of the Sections 11 and"12 Contract of Sale to the contrary, if the legal action pursued by the Sections 11 and 12 Owners to clear the Title Exception, as herein contemplated, finally results in title to any portion of the Sections 11 and 12 Land being adjudicated to be held by others, the Sections 11 and 12 Land so adjudicated to be held by others shall be excluded from the Sections it and 12 Contracts. The Sections 11 and 12 Contracts shall be null and void as to any Sections it and 12 Land finally adjudicated to be held by others and neither party to this Agreement shall have any claim against the other in regard thereto. The Sections it and 12 Land shall then be deemed to include only the portion of the 5 Sections 11 and 12 Land, title to which is held by the Sections 11 and 12 Owners clear of the Title Exception, and the Sections 11 and 12 Contract of Sale, the Memorandum of Agreement and the other provisions of this Agreement shall apply thereto. EXECUTED this 24th day of August , 1989. ATTEST: Rane a Boyd, City S re y APPROVED AS TO FORM: LT6hn C. Ross, Jr., City Attorney CITY OF LUBBOCK r B. C. MCM NN, MAYOR SECTIONS 11 AND 12 OWNERS: I LY YAYNE WILLIAMS PATSY W LLIAMS CAROL SUE REED E. REED (511 ATTORNEYS FOR SECTIONS 11 AND 12 OWNERS GRAVES, DOUGHERTY, HEARON & MOODY By: f:\S0SBIVER\5557.1\KEK0.ADO 6 August 3, 1989 Dated: April 3, 1986 MEMORANDUM OF AGREEMENT RECITALS A. The City of Lubbock, Texas ("City') desires to construct the Justiceburg Reservoir Project to provide a municipal water supply for the City. B. The City of Lubbock, Texas, has obtained a Texas Water Code S 11.121 Permit No. 4146 (the "Permit') from the Texas Water Commission ('Commission') to construct the proposed Justiceburg Reservoir Project on the South Fork of the Double Mountain Fork of the Brazos River in Garza and Kent Counties, Texas, and the White River Municipal Water District ('District'.) has obtained extensions of time on its permit to construct the proposed Post Reservoir on the North Fork of the Double Mountain Fork of the Brazos River in Garza County, Texas. The City may contract to obtain additional municipal water supply from the proposed Post Reservoir Project. C. Mr. and Mrs. Billy Wayne Williams, Mr. and Mrs. Billy Huddleston, Mr. and Mrs. John Ward, Mr. and Mrs. John Reed, Mr. and Mrs. J.W. Headstream, Mr. and Mrs. Jim Boren, Mr. and Mrs John Boren, Jr. and Mrs. Walter Boren ("Landowners') and Convest Energy Corporation ('Convest') are appealing the grant of the permit by the Commission to the City to construct the proposed Justiceburg Reservoir in Cause No. 369,838, Mr. and Mrs. Billy Wayne Williams, et al. vs. Texas Department of Water Resources, et al., pending in the 126th Judicial District Court of Texas County, Texas. D. Mr. and Mrs. Billy Wayne Williams, Mr. and Mrs. Billy Huddleston, Mr. and Mrs. John Ward, Mr. and Mrs. John Reed, Mr. 1 and Mrs. J.W. Headstream, Mr. and Mrs. Jim Boren, Mr. and Mrs. John Boren, Mr. and Mrs. Walter Boren ('Landowners'), Convest Energy Corporation ('Convest'), Mr. Sidney Johnson, individually, d/b/a Johnson Cattle Company and as Trustee for the Estate of Mr. Weldon Johnson, deceased, and as Trustee for the Estate of Mrs. Weldon Johnson, deceased, Mr. Weldon Clay F.aNbit , /ol Johnson and Ms. Vicky Lee Johnson ('Johnson"), have appealed the decision of the Commission to grant extensions of time for the District to construct the Post Reservoir in both Cause No. 346,496, Mr. and Mrs. Billy Wayne Williams, et al. V. Texas Department of Water Resources, et al., pending in the 299th Judicial District Court of Travis County, Texas, and Cause No. 374,346, Mr. and Mrs. Billy Wayne Williams, et 'al. v. Texas Department of Water Resources, et al., pending in the 53rd Judicial District Court of Travis County, Texas. E. All of the parties desire to settle the three above-mentioned lawsuits. AGREEMENT The Parties hereto, intending to be legally bound hereby, hereby undertake, covenant, and agree that the settlement is effective subject to the terms, conditions and provisions set forth below: I. Upon signing of this Agreement by the Parties hereto, the City will pay to the firm of Graves, Dougherty, Hearon & Moody, Trustee for Landowners, Convest and Johnson (collectively referred to as "Protestants") the total amount of attorneys' fees and expenses and consultant fees and expenses of not to exceed the sum of $425,000.00, incurred in their prosecution of the protest to the Application of the City of Lubbock for a water permit to construct the Justiceburg Reservoir and the Applications of the White River Municipal Water District to obtain extensions of time to construct the Post Reservoir and any appeals from the decision of the Texas Water Commission granting .such permits or extensions. Prior to the date of contract of sale as provided in Section VII, the City will satisfy itself as to the ownership by Landowners of the property necessary to the full accomplishment of the terms of this Agreement and Landowners will cooperate with City in that regard. II. Upon payment of the amounts described in section I above, the Landowners will allow the City and their consultants reasonable access, without cost, to the property of Landowners in and about the proposed Justiceburg Reservoir site in order to conduct additional tests and perform additional geotechnical evaluations to ascertain the design of the proposed Justiceburg Reservoir project. These tests are to be completed within twelve (12) months after the date of payment of the amounts described in section I above. If, after the tests and evaluations described herein are conducted, the City in its sole discretion elects to proceed with the proposed Justiceburg Reservoir Project, the City will, within fifteen (15) months after the date of payment of the amounts described in section I above, by written communication to the attorneys for Protestants, advise the Protestants that the project is feasible and will, within eighteen (18) months after the date of payment of the amounts described in section I above, employ consulting engineers for the final design of the proposed Justiceburg Reservoir project, and, within thirty (30) months after the date of payment of the amounts described in section I above, present to Protestants an estimate of the amount of acreage required to complete the project, exclusive of the land requirements necessary to satisfy the conditions of the Section 404 Permit. III. The final design of the proposed Justiceburg dam and reservoir shall, as nearly as possible, provide that the service road and- power lines follow property boundaries to the pump station and dam site. The Landowners, when necessary, will provide the City easements described by metes and bounds for one or more water pipelines, electric transmission lines and communication lines from the pump station across their property, together with temporary construction• easements to construct and install water pipelines, electric transmission lines and communication lines, the pump house, dam, reservoir and other facilities required by City to complete the Justiceburg Project. The Landowners will be compensated by City at the rate of $20.00 per rod per sixty (601) foot width for all such permanent and temporary easements, which compensation shall be paid in cash at the time such easements are granted. Landowners, when necessary, shall provide the City, without cost, an easement for a service road to be fenced and constructed by the City, at the City's sole expense, which shall be an all-weather road fenced on both sides and accessible to the City and Landowners whose land immediately adjoins the road. Landowners shall maintain the fences after construction and the City shall maintain the service road. This road shall not be accessible to the public nor dedicated as a public roadway. IV. In the event that City, in its discretion, determines to construct the Justiceburg Reservoir as contemplated by this Agreement and does construct such facility, then and only then the City will grant to the Landowners Reed, Ward, and Huddleston, one tap each to allow use of the raw water in the pipeline(s) for such Landowners' domestic and normal ranching livestock consumption on Landowners' property. No warranty will be given as to the quality or the availability of water from the pipeline(s). The Landowners will provide a recording meter at each tap to measure the volume of water taken which shall be limited to twenty (20) acre feet per year per tap. The City shall have reasonable access to each tap and meter for the purpose of calibrating the same from time to time. The Landowners shall own the land down to the normal operating level of the lake which is 'defined as 2220 feet above mean sea level, except in the limited area where additional land is required for the location of the dam itself, the spillway discharge channel, the emergency spillway, borrow areas as needed, public access areas, unusable land, pump stations, the service road, the dam abutments, and access between the pump station and the dam structure, and any land actually required for construction and/or operation of the dam, the pump station and other necessary facilities associated with the reservoir. In addition, without further compensation, the City, upon reasonable notice to Landowners, shall be granted temporary access to points on the shore of the lake for reasonable purposes necessary during construction and subsequent operation of the dam and reservoir. The Landowners and the City or its employees, agents and contractors, in the performance of their official duties with the City, shall have the exclusive right to use land below the normal operating level of the lake at times when the lake is below normal operating level, except areas between the water line and unusable land and public access areas. At such times, Landowners may use such land for livestock grazing and for their personal recreational uses. Landowners shall have no right however to build, place or erect any structure or facility within such areas. The Landowners shall provide the City, without cost, a restrictive easement and flood easement from elevation 2220 feet above mean sea level to elevation 2245 feet above mean sea level, which easement shall provide City (a) the right to intermittently overflow, flood or cover such land, at any time with flood, slack or backwater created by construction, maintenance and operation by City of Justiceburg Dam and the Reservoir and for the storage of water created by the construction of the Dam; (b) the right to enter upon said land, with due notice and without loitering, to clear, destroy or dispose of any timber, brush, obstruction, accumulation, trash, filth or any other thing which would in any way interfere with • I, J ` I. •J the construction, maintenance and operation of such dam and reservoir or tend to render the same unsafe or unsanitary and to prevent the drainage or dumping of refuse, sewage or other material into such reservoir and- to carry out an adequate program of pollution control; and (c) the right to prevent the construction of, or the removal, with due notice, of any structure or facility located or to be located on said land. The Landowners shall also impose, without cost to the City, a restrictive easement on such portion of their land which is between elevation 2245 feet above mean sea level and 300 feet horizontal distance from elevation 2220 feet above mean sea level if the 300 feet horizontal distance contains a larger area of land than is contained between elevations 2220 feet and 2245 feet above mean sea level, which easement shall provide the City (a) the right to enter upon said land, with due notice and without loitering, to clear, destroy or dispose of any timber, brush, obstruction, accumulation, trash, filth, or any other thing which would in any way interfere with construction, maintenance and operation of such dam or reservoir or tend to render the same unsafe or unsanitary, and to prevent the drainage or dumping of refuse, sewage or any other material into such reservoir and to carry out an adequate program of pollution control; and (b) the right to prevent the construction of', 'or the removal of, with due notice, any structure or facility located or to be located on said land. Structures and facilities are defined as waterwells, septic systems, cesspools, barns, sheds, places of habitation, and boat docks, but shall not include pens, gates, fences, cattleguards or boat ramps. All structures constructed and maintained by the Landowners shall be at the Landowners risk with regard to flooding by the City's reservoir. Each Landowner shall have the right to construct two boat ramps, which shall comply with applicable regulations imposed by the United States Army Corps of Engineers for the construction of such ramps at the Justiceburg Reservoir Project. V. Both the City and the Landowners desire that the minimum amount of public access to or from. Landowners' property be granted to the proposed Justiceburg Reservoir. The Landowners agree to support in all things the City's application before the United States Army Corps of Engineers for the grant of a Section 404 Permit according to the provisions of 33 U.S.C.A. Section 404 and the regulations adopted thereunder. City and Landowners agree in.the Section 404 proceedings to minimize public access to the lake from the Landowners' property. The City shall initiate and prosecute the Section 404 proceeding with reasonable diligence. VI. Upon completion of the final design the City will be allowed to survey the reservoir site in order to determine the total number of acres below the normal operating level, the number of acres required for the dam structure, dam abutments, borrow areas, pump station and access thereto, spillways, return, other structures, unusable land, and public access areas. Except as provided in sections III and IV with respect to the easements therein referred to, the City agrees to pay or compensate the Landowners for each acre taken by the City in fee title (the oil, gas, and other hydrocarbon minerals being reserved to Landowners as set out below) to complete the Justiceburg Reservoir Project, as follows: $800.00 per acre which is the City's estimate of avoided costs by settlement. Landowners, however, shall have the right to use any of the land to be acquired by City in fee for normal ranching operations from the date that the City contracts to acquire such fee title until such time as the City pays the entire price for such land and notifies Landowners that it requires such land for its use. Landowners shall not be required to pay any rent or other consideration to City for use of the.land above-mentioned. The City shall purchase all unusable land which is designated by red color code on the map attached hereto as Exhibit "A", which Exhibit is made a part of this.Agreement for all purposes. The Parties agree that after the final design and construction plans of the reservoir are completed, other property of Landowners may become unusable land and such additional potential unusable land is designated on Exhibit "A" by yellow color code. For purposes of such additional potential unusable land, the term "unusable land" shall mean property owned by any Landowner that is a party to this Agreement, to which all reasonable access to such property or reasonable access to livestock water supplies to such property or reasonable use of such property for normal ranching operations will be denied due to the isolation of such property by water in the reservoir or City's facilities related to the reservoir, and/or property owned by others. The owners of all "unusable land" shall be paid for same at the rate of $800.00 per acre. The City shall have the right to designate as "public access areas" any or all of those areas designated by green color code on the map attached hereto as Exhibit "A", which Exhibit is made a part of this Agreement for all purposes. The owners of "public access areas" shall be paid for same at the rate of $800.00 per acre. The City shall construct and maintain a fence around the public access areas at its sole expense. The Landowners will retain all oil and gas, and other hydrocarbon mineral rights and other substances extracted with or as a by-product of the extraction of such hydrocarbon minerals and all development rights from tuch minerals attached to the land acquired by the City, whether in fee or by easement. Included in such rights will be the right to drill hydrocarbon oil and gas wells through the reservoir and to locate such wells on barges or man-made islands in the reservoir itself. All such structures shall be' constructed and maintained at the Landowners' and Operator's risk with regard to flooding by the City's reservoir. With respect to all minerals presently owned by Landowners and not currently under lease, Landowners and the City expressly agree that all current and future hydrocarbon oil and gas well drilling, storage and transportation activities, during both construction and operation and all facilities incidental thereto, shall be operated and maintained in such manner as will protect from any contamination the purity of the water impounded in the reservoir at all times pursuant to the applicable Regulations of the Railroad Commission of Texas; and that the location of any drilling sites on land owned in fee by the City shall be subject to approval by the City, which approval shall not be unreasonable withheld. VII. Within 60 days after: (i) the date the City presents to Landowners an estimate of the amount of acreage required to complete the project pursuant to Section II hereof, or, if the City fails to deliver such estimate as therein required, the date the City is required to present such estimate; or (ii) the date the City obtains a Section 404 Permit from the United States Army Corps of Engineers, or following completion to final judgment by City of any appeal which may be taken from the Corps' issuance of a permit; whichever last occurs, the City agrees to contract for the purchase from Landowners of the surface land to be acquired in fee (the oil, gas and other hydrocarbon minerals being reserved to Landowners), by warranty deed, free and clear of all outstanding liens, mortgages, deeds of trust or other indebtedness but subject however to any and all easements, leases, rights-of-way, restrictions, outstanding mineral interests and royalty interests, if any, relating to or affecting said property, and shall pay to the Landowners an amount equal to twenty-five (25%) percent of the amount obtained by multiplying $800.00 times the number of acres required to be acquired by the City in fee as determined in section VI above. .S . This payment will constitute a non-refundable deposit and will be made pursuant to a contract of sale for the necessary land; however, the City even after payment of the non-refundable deposit and before the payment of •the balance of the purchase, as herein provided, expressly retains the right to elect not to proceed with the project or the purchase of the property which is the subject of this Agreement. Except for specific performance to obtain cancellation of § 11.121 Permit No. 4146 as provided for below, no further remedy, recovery, or any other relief shall be applicable other than forfeiture of the non-refundable deposit and of the legal fees under section I above. The City warrants that it has established and funded a dedicated account for the purpose of the land acquisition contemplated in this Agreement. The City shall have, and the contract of sale above-mentioned shall provide, the option to pay the full amount then due and owing on the land purchased pursuant to this section at any time. In the event the City does purchase the land necessary for the Justiceburg Reservoir as determined in section VI and later decides not to construct the reservoir or utilize the land, then in such event, and to the extent it is authorized to do so by State law, Landowners' shall have a right of first refusal to repurchase the land from the City. The right of first refusal herein granted to the Landowner shall be exercised by him within 120 days from the date the City notifies all of the Landowners of its intention to accept a bona fide offer for the purchase of the property. in the event that the Landowner whose land was purchased by the City does not exercise his right of first refusal or declines to exercise said right, the other Landowners who are parties to this Agreement shall have the right to purchase the land in question provided that they do so within the 120 day period above set forth. The remaining seventy-five (75%,) percent of the purchase r price due hereunder shall, unless the City elect not to proceed with the project as above provided, be due and payable by the City prior to entry into actual construction of the dam, reservoir or any major facility relating thereto, and in no event later than three (3) years following the dismissal of litigation as provided in section VIII, below. In the event the City fails to pay the remaining purchase price as herein provided, the City will seek cancellation of its § 11.121 Permit No. 4146 and Landowners have the right to enforce cancellation by specific performance. The balance of the purchase price to be paid Landowners (i.e., the total purchase price payable hereunder less the non-refundable deposit) shall be increased monthly from and after thirty (30) days after the date of dismissal of the litigation as hereinbelow provided at the rate of ten percent. (10%) per annum until full and final payment of all sums due hereunder is made by the City. The City shall pay to the Landowners semi-annually the amount of the increase accruing during such six (6) month period, beginning at the end of the first six (6) months after the date of dismissal of the litigation and continuing regularly and semi-annually thereafter until the entire amount of the increased purchase price is paid in full. Such payments shall be non-refundable and shall be credited toward payment of such increased purchase price. In the event that the United States Corps of Engineers requires as a condition to granting of a Section 404 Permit that the City acquire additional land over and above the amount determined in section VI needed for the construction of the Justiceburg Reservoir, then in such event the parties hereto agree that the $800.00 per acre purchase price shall have no application to any such additional land acquired under such circumstances, except where the Section 404 land designated is owned by the Landowners and is contiguous to the lake. City agrees to indemnify and hold Landowners harmless from any and all claims or liabilities, or damages based on the negligence of the City or any of its employees, agents and contractors related in any manner to the City's surveying, feasibility investigations and construction and operation of the Justiceburg Dam and Reservoir. VIII. Upon payment of the twenty-five (25%) percent of the estimated land costs by the City, the Landowners agree to dismiss, with prejudice, their appeals from the decisions of the Texas Water Commission docketed as Cause No. 368,838 pending in the 126th Judicial District Court of Travis County, Texas, Cause No. 346,496, pending in the 299th Judicial District Court of Travis County, Texas, and Cause No. 374,346 pending in the 53rd Judicial District Court of Travis County, Texas. Landowners agree to pay court costs. In addition to the dismissal of the above-mentioned pending litigation, the Landowners further agree, upon the payment of twenty-five (25%) percent of the estimated land cost by City, that they shall reasonably cooperate with the City in connection with City activities in planning, financing, constructing or maintaining the Justiceburg Reservoir or the Post Reservoir. IX. Prior to the payment by the City to Landowners of the amounts described in section I of this Agreement, the Parties shall prepare and agree upon definitive documents required to effectuate this Agreement. A form of each document shall be attached to this Agreement for all purposes. X. During the pendency of the implementation of this Agreement and prior to the dismissal of the lawsuits filed by the Protestants, the Parties to this Agreement agree to make the necessary filings in the various courts in which the above-mentioned suits are pending to abate such suits, except for the perpetuation of testimony, if such be deemed necessary, but without regard to the other Party's right to object in court to perpetuation of testimony. XI. Each Party hereby confirms to each other Party that such Party: (a) had made its own• thorough and independent investigation and analysis of the terms and provisions of this Agreement and the transactions contemplated thereby; and (b) has not relied on any such investigation or analysis thereof made by any other Party or its counsel or other advisors or on any advice, statement or other communication made by any other Party or its counsel or other advisors with respect to the terms and provisions of this Agreement or the transactions contemplated thereby. XII. Each Party to this Agreement represents and warrants that all corporate (or other official) action on its part necessary for the execution and delivery and subject to the conditions contained herein, performance of this Agreement and the settlement has been duly and effectively taken. XIII. All representations, warranties and covenants contained herein or in the settlement shall survive the settlement date and will bind and inure to the benefit of the respective succesors and assigns of the Parties hereto, whether 'so expressed or not. XIV. No failure or delay on the part of any Party hereto in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof. No modification or waiver of any provision of this Agreement or the settlement nor consent to any departure by any Party therefrom shall in any event be effective unless the same shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Party in any case shall entitle such Party to any other or further notice or demand in similar'or other circumstances. XV.. Notices and other communications provided for herein shall be in writing and shall be delivered or mailed (or in the case of telegraphic communications, if by telegram, delivered to the telegraph company, and if by telex, graphic scanning or other telegraphic communications equipment of the sending Party hereto, delivered by such equipment) addressed at such address as the Party to be addressed shall have provided the other Parties hereto for such purpose. All notices and other communications given to any Party hereto in accordance with the provisions of this Agreement shall be deemed to have been given when sent by registered or certified mail, if by mail, or when delivered to the telegraph company, charges prepaid, if by telegram or when receipt is acknowledged, if by any telegraphic communications equipment of the sender, in each case addressed to such Party in accordance with. the latest unrevoked direction from such Party. XVI. Each Party hereto shall provide such further instruments, documents and assurances as shall be necessary or desirable to carry out, subject to the terms and conditions hereof, the provisions hereof and of the settlement and, subject to the terms and conditions hereof, do all things necessary or proper to carry out the provisions hereof and of the settlement. XVII. This Agreement and the settlement shall be governed by and construed in accordance with the laws of the State of Texas. XVIII. This Agreement may be executed by. each of the Parties hereto or separate counterparts, each of which when so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same instrument. Convest and Johnson will execute a separate Agreement with the City, the execution of which shall be a condition to the City's execution of this Agreement. In the event •Convest elects to dismiss its appeals from the decisions of the Commission prior to the City's execution of this Agreement, execution by Convest of a separate Agreement with the City shall not be a condition to the City's execution of this Agreement. XIX. The words, City, Landowners, Landowner, Convest and Johnson shall be given the following meaning as used in this Agreement: 1. City shall mean the City of Lubbock, Texas. The City of Lubbock, Texas, however, shall be construed to include any governmental, corporate or other entity, by or through which the City of Lubbock may in its discretion select for the performance of any of its obligations hereunder, toward testing, planning, construction, maintenance or operation of the proposed facility and any successor, transferee or assignee of the City's § 11.121 Permit No. 4146. The City of Lubbock may act through water districts created by law or by contract. The designation of such entity or individual for performance or the transfer of said Permit shall in no way affect the obligations owed by the City to any other party arising from this Agreement, nor affect any obligation owed to the City by any other party arising from this Agreement. 2. Landowners shall mean all individuals named in recital (C), above set forth in this Agreement. 3. Landowner shall mean any one of the individuals named in recital (C) of this Agreement with husband and wife being considered as one Landowner. 4. Convest shall mean Convest Energy Corporation. 5. Johnson shall mean Mr. Sidney Johnson individually, d/b/a Johnson Cattle Company and as Trustee for the Estate of Mr. Weldon Johnson, deceased, and Mrs. Weldon Clay Johnson, deceased, and Mr. Weldon Clay Johnson and Ms. Vicky Lee Johnson. 6. Justiceburg Reservoir shall mean all areas necessary to complete the project as determined in Paragraph III, IV, and VI, above, but does not include any area acquired to meet the requirements of a Section 404 Permit. IN WITNESS WHEREOF, the Parties hereto have caused by these presents to be executed by their duly authorized representatives as of the date first above written. CITY OF LUBBOCK, TEXAS ALAN HENRY, M YOR ATTEST: t • :� CITY �ECRETARY r0l!l MR. -BILLY WAYNE WILLIAMS 'MRS. BILLY WAYNE WILLIAMS MR. BIL.iY HUDDLESTON MRS. BILLY`riUDDLESTON MR. OHN WARD t Or te/ Q& I v MRS. JOH WARD C�R,r JOHN REED MRS. JOH�/REED j r MR J J.W. HEADSTREAM MRS. J.W. HEADSTREAM MR. ,JIM ORE �zf�- 2L:2� MRS. JIM 6BOREN MR. JOHN BORn MRS. JOHN BOREN MR. WALTER BOREN lv,2-W4�v Pov7l---- MRS. WALTER BOREN frb/meh/0632j 3/27/86 EXHIBIT "A" r (This Exhibit has been omitted from this copy due to size and inability at this time to secure reproduction of true and correct copies thereof. One duplicate original has been dis- tributed to each side of the Agreement on April 3, 1986. The original is on file with the Agreement in the office of the City Secretary of the City of Lubbock, Texas.) Note Re: EXHIBIT "A" FORM I. - CONTRACT OF SALE COMMENTS Contract for purchase of land is required by Section VII of the agreement. It is required to be executed within 60 days after (1) the presentation by city to landowners of amount of acreage required (or the date same is required) or (2) date of final 404 permit, whichever last occurs (Section VII). It is contemplated that a separate contract will be executed between each separate landowner and the City. It is further contemplated that a copy of Memorandum of Agreement will be attached and incorporated as a part of each such contract for certainty and clarity. Not all provisions contained in the attached form will necessarily apply to each landowner and any such inapplicable provisions will be omitted in ,that circumstance. It will be the responsibility of the City to prepare each such contract and submit same to each landowner when timely. I have provided for legal description of all temporary and permanent easement areas for water pipe lines, transmission lines, communication lines, service road, etc., in the contract. It is possible that the specific areas of all or part of those easements may not yet be determined by the date on the contract. In which case those descriptions will be omitted from the contract for later inclusion only in the subsequent easement instrument itself. CONTRACT OF SALE THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF § BY THIS AGREEMENT AND CONTRACT, , of County, Texas, as the,Seller and hereinafter called "LANDOWNER," and the City of Lubbock, a home rule municipal corporation of Lubbock County, Texas, as the Buyer and herein- after called "CITY," by which Landowner agrees to sell to City and City agrees to buy from Landowner the property, rights, titles and easements hereinafter described upon the terms and conditions following: WITNESSETH: 1. That Landowner has agreed, and does hereby agree, to sell and convey unto City, and does hereby sell and agree to convey unto City the surface land to be acquired in fee (the oil and gas and other hydrocarbon minerals being reserved to Seller as set forth in the Memorandum of Agreement attached hereto) by warranty deed, free and clear of all outstanding liens, mort- gages, deeds of trust or other indebtedness, but subject to any and all easements, leases, rights-of-way, restrictions, out- standing mineral interests and royalty interests, if any, relating to or affecting the herein described real property, existing on the date of execution of the Memorandum of Agreement, all those certain tracts or parcels of land lying and situated• in County, Texas, and being more particularly de- scribed as follows, to -wit: TRACT(S) A: (Legal description of all land within the reservoir, being land from elevation 2220 mean sea level or less). TRACT(S) B: 1 (Legal description, as appropriate, of all land to be used for .the dam, spillway discharge channel, emergency spillway, borrow areas as needed, pump stations, dam abutments, access between the pump station and the dam structure, and any other land actually required for construction and/or operation of the dam, the pump station and other necessary facilities associated with the reservoir, etc.) TRACT(S) C: (Legal description, as appropriate, of all unusable land). TRACTS) D: (Legal description, as appropriate, of all public access areas, etc.) 2. That Landowner has agreed, and does hereby agree, to sell and convey unto City, and does hereby sell and agree to convey unto City, subject to the matters hereinabove described, the following described easements along, over and across, all those certain tracts or parcels of land situated in County, Texas, the nature and purpose of such easements and the lands encompassed by same being more particularly described as follows, to -wit: A. A restrictive easement and flood easement from elevation 2220 feet above mean sea level to elevation 2245 feet above mean seal level, such easement area being more particularly described by metes and bounds as follows: (legal description) B. The Landowner shall impose a restrictive easement on such portion of Landowner's land which is between elevation 2245 feet above mean sea level and 300 feet horizontal distance from elevation 2220 feet above mean sea level where the 300 feet horizontal distance contains a larger area of land than is contained between elevations 2220 feet and 2245 feet above mean sea level, such easement area being more particularly described by metes and bounds as follows: (legal descriptions) C. One or more permanent water pipelines easements, such easement areas being more particularly described by metes and bounds as follows: (legal descriptions) D. Permanent electric transmission lines easements, such easement areas being more particularly described by metes and bounds as follows: (legal descriptions) E. Permanent communication lines easements, such easement areas being more particularly described by metes and bounds as follows: (legal descriptions) F. Temporary construction easements f`.or the following purposes, the areas and purposes of such easements being more particularly described by metes and bounds as follows: (legal descriptions by purpose) G. Easement for an all-weather service road, such easement area being in the location described on Exhibit "A" to the Memorandum of Agreement attached hereto and being more particularly described by metes and bounds as follows: (legal description) 2 - 3. That Landowner further has agreed, and does hereby agree, to sell and convey unto City, and does hereby sell and convey unto City, such other rights, titles, interests and privileges, and upon such terms, conditions and limitations, as agreed, set forth and defined in that certain Memorandum of Agreement to which Landowner and City were parties, dated the day of April, 1986, a copy of which Memorandum of Agree- ment is attached hereto and by such attachment is incorporated and made a part of this Contract of Sale for all purposes. In the event of any inconsistency between this Contract of Sale and the attached Memorandum, either by inclusion of matter or omission, the provisions of the Memorandum of Agreement shall control. 4. That in consideration of the conveyance to it by Landowner of the property, rights and easements above described, City agrees to pay to Landowner the amounts calculated, and at the times provided, in the Memorandum of Agreement attached hereto and made a part of this Contract. This consideration is summarized only as follows: A. The sum of $800.00 per acre for all acreage defined by metes and bounds in paragraphs 1A, 1B, 1C and 1D above, which sum shall be full consideration for all titles and easements described in paragraphs 1A, 1B, 1C, 1D, 2A9 2B and 2G (as applicable). B. The sum of $20.00 per rod (and for an area 60 feet in width) for all easement areas defined in paragraphs 2C, 2D, 2E and 2F (as applicable). Notwithstanding anything contained herein or the Memorandum of Agreement attached hereto to the contrary, it is acknowledged and agreed that certain Landowners may not, due to prior separa- tion or conveyance, own the minerals on their property. Such Landowners shall only be required to convey the surface without the minerals and shall be compensated at the rate of $800.00 per acre for the property conveyed. 5. The times and amount of each such payment shall be as specifically provided in the Memorandum of Agreement. The City shall consider and treat all other terms, conditions and limita- tions, as set forth and defined in the attached Memorandum of Agreement to the extent same imposes duties or obligations upon 3 - City, as required of City as a part of its consideration due hereunder. Unless otherwise expressly specified, in the event of any inconsistency between this Contract of Sale and the attached Memorandum, either by inclusion or omission, the provisions of the Memorandum of Agreement shall control. 6. Prior to the date any warranty deed or easement instrument is required by this Contract or the Memorandum of Agreement attached, the City at its sole cost shall arrange to secure such abstracts of title covering the real estate which is the subject of this Contract as appropriate for examination by an attorney of its own selection, and/or it may arrange to secure or obtain at its sole cost a policy of title insurance. 7. Any objections to the title appearing upon examination or in the process of securing a policy of title insurance, which objections remain the duty of Landowner to cure under the terms of the Memorandum of Agreement, shall be set forth in writing and delivered to Landowner for cure or elimination at least sixty (60) days prior to the date of execution of any such warranty deed or easement right subsequently provided under the Memorandum of Agreement. 8. Landowner shall have a reasonable time to cure said objections and show title as is required under the terms of the Memorandum of Agreement, but that reasonable time shall not exceed the date provided for the deed or easement grant provided in the Memorandum of Agreement. 9. If Landowner fails or refuses to correct such title defect, City, in its option, may enforce specific performance of same. 10. Taxes on the real estate herein conveyed or to be conveyed,• shall be prorated to the date of the final payment for all land taken in fee simple. 11. Landowner agrees to sign and execute such warranty deed and easement instruments as conform with the Memorandum of Agreement. The duty to prepare all such instruments shall be upon City. 4 - 12. The parties hereto agree that compliance by each of all terms, conditions, provisions, and limitations contained in the above described Memorandum of Agreement (as attached hereto) is of the essence of this Contract. 13. This Contract shall be binding upon in inure to the benefit of the heirs, executions, administrators, successors and assigns of the respective parties to this Contract. 14. This Contract and all attachments thereto, may be filed of record in the Deed Records of any and all counties in which all or any part of the property or property interests involved lies or is situated. EXECUTED in duplicate originals as of the day of , 19 . CITY OF LUBBOCK, TEXAS (BUYER) SELLERS: BY: MAYOR ATTEST: City Secretary (acknowledgements as appropriate) - 5 - FORM II. WARRANTY DEED COMMENTS The warranty deeds will be executed at the time of the payment of the final 75% balance of the compensation due for the property to be conveyed in fee. This could, in the option of the City, be even as early as the date provided for the first 25% of the compensation. It is contemplated that a separate warranty deed will be prepared for each separate landowner. By the time of the warranty deeds most of the mutual obligations of the parties under the Memorandum of Agreement will already have been accomplished. The language of the deed accordingly omits reference to obligations by then already accomplished and is designed only to incorporate, by inclusion and by reference to the Agreement, obligations still remaining as of such time. It is contemplated that by such time most, if not all, specific purpose easements will have been separately executed. To the extent any have not been, however, this obligation will continue. It will be the duty of the City to prepare, submit and file all deeds of record. WARRANTY DEED THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF _ § THAT (name of specific land(jwner/ grantor) , all of the County of �, State of Texas, for and in considera- tion of the sum of TEN AND NO/100 DOLLARS ($10.00) to us now or heretofore cash in hand paid by the grantee hereinafter named, the receipt and sufficiency of which is hereby acknowledged, and under the threat and eminence of condemnation by the City of Lubbock, Texas, a governmental entity with the power of condem- nation, the said City having finally determined by resolution that the public interest is served by the acquisition of the herein -described real property, have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the CITY OF LUBBOCK, a home rule municipal corporation of Lubbock County, Texas, all of the following described real property in County, Texas, more particularly described as follows: TRACTS(S) A. (Legal description by metes and bounds of property within reservoir area, 2220 feet above mean sea level and below.) TRACT(S) B. (Legal description by metes and bounds of property as required for the location of the dam itself, the spillway discharge channel, the emergency spillway, borrow areas as needed, pump stations, the dam abutments, and access between the pump station and the dam structure, and any land actually required for construction and/or operation of the 4 J dam, the pump station and other necessary facilities associated with the reservoir.) TRACT(S) C. (Legal description by metes and bounds of public access areas, as applicable.) TRACT(S) D. (Legal description by metes and bounds of unusable land, as applicable.) r In and for the same consideration above provided the grantors have further by these presents GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents do GRANT, BARGAIN, SELL and CONVEY unto the said City of Lubbock, Texas, its legal represen- tatives, successors and assigns, for'the use of he said City of Lubbock, a restrictive easement and flood easement from elevation 2220 feet above mean sea level to elevation 2245 feet above mean sea level, which easement grants City (a) the right to intermit- tently overflow, flood or cover such land, at any time with flood, slack or backwater created by construction, maintenance and operation by City of its proposed Justiceburg Dam and the Reservoir and for the storage of water created by the construc- tion of the Dam; (b) the right to enter upon said land, with due notice and without loitering, to clear, destroy or dispose of any timber, brush, obstruction, accumulation, trash, filth or any other thing which would in any way interfere with the construc- tion, maintenance and operation of such dam and reservoir or tend to render the same unsafe or unsanitary and to prevent the drainage or dumping of refuse, sewage or other material into such reservoir and to carry out an adequate program of pollution control; and (c) the right to prevent the construction of, or the removal, with due notice, of any structure or facility located or to be located on said land. This restrictive easement and flood easement lying and being situated in the County of , State of Texas, and being more particularly described as follows: (Legal description by metes and bounds) In and for the same consideration above provided the grantors have further by these presents GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents do GRANT, BARGAIN, SELL and CONVEY unto the said City of Lubbock, Texas, its legal representa- tives, successors and assigns, for the use of the said City of Lubbock, a restrictive easement on such portion of their land which is between elevation 2245 feet ebove mean sea level and 300 - 2 - feet horizontal distance from elevation 2220 feet above mean sea level if the 300 feet horizontal distance contains a larger area of land than is contained between elevations 2220 feet and 2245 feet above mean sea level, which grant provides the City (a) the right to enter upon said land, with due notice and without loitering, to clear, destroy or dispose of any timber, brush, obstruction, accumulation, trash, filth, or any other thing which would in any way interfere with construction, maintenance and operation of such dam or reservoir or tend to render the same unsafe or unsanitary, and to prevent the drainage or dumping of refuse, sewage or any other material into such reservoir and to carry out an adequate program of pollution control; and (b) the right to prevent the construction of, or the removal of, with due notice, any structure or facility located or to be located on said land. Structures and facilities are defined as waterwells, septic systems, cesspools, barns, sheds, places of habitation, and boat docks, but shall not include pens, gates, fences, cattleguards or boat ramps. All structures constructed and maintained by the grantor shall be at the grantor's risk with regard to flooding by the City's reservoir. Grantors retain the right to construct two boat ramps, which shall comply with applicable regulations imposed by the United States Army Corps of Engineers for the construction of such ramps at the Justiceburg Reservoir Project. This restrictive easement lying and being situated in the County of , State of Texas, and being more parti- cularly described as follows: (Legal description by metes and bounds) The grantors retain unto themselves, their heirs and assigns all oil and gas, and other hydrocarbon mineral rights and other substances extracted with or as a by-product of the extraction of such hydrocarbon minerals and all development rights from such minerals attached to the land acquired by the City, whether in - 3 - fee or by easement. Included in such retained rights will be the right to drill hydrocarbon oil and gas wells through the reser- voir and to locate such wells on barges or man-made islands in the reservoir itself. All such structures shall be constructed and maintained at the grantor's and 'any operator's risk with regard to flooding by the City's reservoir. With respect to all minerals presently owned by grantors and not currently under lease, grantors and the City have by prior separate Memorandum of Agreement hereinafter described, expressly agreed that all current and future hydrocarbon oil and gas well drilling, storage and transportation activities, during both construction and operation and all facilities incidental thereto, shall be operated and maintained in such manner as will protect from any contamination the purity of the water impounded in the reservoir at all times pursuant to the applicable Regulations of the Railroad Commission of Texas; and that the location of any drilling sites on land owned in fee by the City shall be subject to approval by the City, which approval shall not be unreasonable withheld. Notwithstanding anything to the contrary contained herein or in the Memorandum of Agreement, the conveyances described herein, whether fee or easement, are further made and accepted subject to any and all easements, leases, rights-of-way, restrictions, outstanding mineral interests and royalty interests, if any, relating to or affecting the hereinabove described real property or any portion thereof as existed on the date of Execution of the Memorandum of Agreement. In and for the same consideration above provided the grantors further acknowledge that under the prior separate Memorandum of Agreement hereinafter described, that they shall, upon reasonable notice, subsequently grant temporary access of the shore of the lake, which is the property abutting that described in TRACT(S) A, above, for reasonable purposes necessary during construction and subsequent operation of the proposed dam and reservoir. - 4 - The grantors and the City or its employees, agents and contractors, in the performance of their official duties with the City, shall have the exclusive right to use land below the normal operating level of the lake, being land only within TRACT(S) A as above described, at times when the fake is below normal operating level, except areas between the water line and that property described as TRACT(S) 8, C and D, above. At such times, grantors may use such land for livestock grazing and for their personal recreational uses. Grantors shall have no right however to build, place or erect any structure or facility within such areas. This warranty deed, and the grants and consideration provisions hereof, is given in culmination of a relationship between grantors and grantee arising under a Memorandum of Agreement, which said agreement, to which both grantors and grantees were parties, was attached to and incorporated as a part of a contract of sale between the parties filed of record in Vol. Page , Deed Records of _ County, Texas, to which instrument reference is here made for all purposes as may become necessary in any interpretation of the contents of this deed. In the event of any inconsistency between this deed and such Memorandum of Agreement, either by inclusion of matter or omission, the provisions of the Memorandum of Agreement shall control in the interpretation of this deed, unless otherwise expressly provided. Under the conditions and limitations contained in Section VII of the Memorandum Agreement above described, Grantors shall have a right of first refusal to repurchase TRACTS A, B, C and D from the City. The right of first refusal herein granted shall be exercised by Grantors within 120 days from the date the City notifies all of the landowners named in the Memorandum of Agreement of its intention to accept a bona fide offer for the purchase of the property. In the event that the Grantors do not exercise such right of first refusal or declines to exercise said right, the other landowners who are parties to the Memorandum of 5 - Agreement shall have the right to purchase the land in question provided that they do so within the 120 day period above set forth. City agrees to indemnify and hold Grantors harmless from any and all claims or liabilities or damages based on the negligence of the City or any of its employees, agents and contractors related in any manner to the City's surveying, feasibility investigations and construction and operation of the Justiceburg Dam and Reservoir. Notwithstanding anything to the contrary contained herein or in the Memorandum of Agreement, the easements herein granted to the City shall cease and terminate in the event the City elects not to proceed with the construction of the Justiceburg Reservoir project and cancels its §11.121 Permit No. 4146 under the conditions therefor provided in Section VII of the Memorandum of Agreement. TO HAVE AND TO HOLD the above described premises, rights, titles, easements, interests and all appurtenances thereto in anywise belonging, unto the said grantee CITY OF LUBBOCK, TEXAS, its successors and assigns forever; and we do hereby bind ourselves, our heirs, executors and administrators to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said grantee , CITY OF LUBBOCK , TEXAS , its successors and assigns , against every person whomsoever lawfully claiming or to claim the same or any part thereof, subject, however, to the reservations and other matters set forth herein. Current ad valorem taxes on the herein described real property having been prorated, and the Grantor's.prorated amount withheld from the consideration paid, the payment thereof is assumed by the City of Lubbock, Texas. The said City of Lubbock further assumes payment of one-half (1/2) of any taxes assessed after date hereof against said real property herein conveyed, or any portion thereof, for periods of time prior to the date hereof due to changes in land usage or ownership under Property Tax Code 6 - Secs. 23.41 - 23.46 and/or Secs. 23.51 - 23.57, and then only if under the applicable Property Tax Code provision such "rollback" assessment can be enforced under the circumstances of this sale. EXECUTED this _ day of , 19 . GRANTORS (acknowledgments as appropriate) 7 - FORM III - SPECIFIC USE EASEMENTS COMMENTS Numerous easements of different types are provided for under the Memorandum of Agreement. , Those affecting the 2220 to 2245 (and 300 horizontal feet conditions) should best be handled in the warranty deed, for their condition is part of that due for the fee conveyance areas. The all weather service road easement is to be provided without cost to the City. The consideration there is the City's obligation to construct and maintain the road and for the original (only) cost of a fence on both sides of the road. This is properly subject to inclusion in a separate easement different from all other easements in nature. All other temporary and permanent easements are based on $20 per rod (60' wide). It is appropriate for all these easements that only an "all purpose" form be now included. The terms and conditions subsequently required will be satisfied by "word for word" inclusion of the language contained in the Memorandum of Agreement as directly or indirectly bears upon or affects the specific easement involved. To this end an easement for the all weather service road and a general easement form for all other easements, is attached. It is anticipated that some easements may prove able to be combined. It will be the duty of the City to prepare, submit and file these easements of record. (1)* EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF § THAT (name of specific landowner qrantor) , all of the County of , State of Texas, as landowner and herein- after called "Grantors"), for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS, and the further consideration of all sums for the purpose of this grant now due as provided in Memorandum of Agreement dated the day of April, 1986, as attached to Contract of Sale between Grantors and Grantee, of record in Vol. , Page Deed Records of County, Texas, all to Grantors cash in hand paid as in said Memorandum of Agreement provided, by the City of Lubbock, a home rule municipal corporation of Lubbock County, Texas, the receipt and sufficiency of all of which is hereby acknowledged and confessed, and the further good and valuable consideration in benefits accruing and to accrue to the remainder of their property, have by these presents GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents do GRANT, BARGAIN, SELL and CONVEY unto the said City of Lubbock, Texas, its legal repre- sentatives, successors and assigns, for the use of the said City of Lubbock, Texas, as a (2)* easement for the free and uninterrupted use, liberty of passage in, along, over, upon and across, all that property lying and being situated in the County of , State of Texas, and being de- scribed as follows, to -wit: (for example) A foot wide (1) easement out of (section, block, etc.) , County, Texas, being more particularly described as follows: (Metes and bounds description) together with the rights of ingress, egress and regress at any and all times, to accomplish the following purposes: allowinq but J not limited to, construction, reconstruction, erection, repair, inspection, patrolling and maintaining of (3)* Grantors shall not place any such structures or improvements within said easement area as will interfere with Grantee's full use thereof in accordance with the purpose of the grant. This easement includes the right to subsequently add or replace any facility, improvement or accessory necessary to the operation of the primary purpose of the easement, including its relocation at any time within the easement area, and shall further include the right at any time during the life of this easement, to remove all timbers, trees, brush, trash, filth, or any other obstructions in whole or in part within the easement area which might endanger or interfere with the Grantee's,full enjoyment of the rights granted herein. Unless otherwise specifically provided this grant is further made subject to and shall always be construed and interpreted as consistent with and as containing all provisions directly or indirectly governing its grant and the respective rights and obligations of both Grantor and Grantee, relating thereto as contained in the Memorandum of Agreement dated April, 1986, and as above described, to which said Memorandum of Agreement reference is here made and its applicable provisions incorporated herein by reference for all purposes. (add at this point, if appropriate, any specific provisions from the Memorandum of Agreement that might have special significance for this specific easement. The inserted matter will be taken "word for word" from the Memorandum insofar as possible). J City agrees to indemnify and hold Grantors harmless from any and all claims or liabilities or damages based on the negligence of the City or any of its employees, agents and contractors related in any manner to the City's surveying, feasibility investigations and construction and operation of the Justiceburg Dam and Reservoir. -2- Except as and to the extent inconsistent with the City's use of the easement area for the purposes herein contained, the City agrees to restore promptly any portion of the easement area or of the remainder of Grantor's property not conveyed or to be conveyed in fee to City under the Memorandum of Agreement, disturbed by the City in connection with its use of the easement herein granted or the construction of improvements or facilities related to such easement. Notwithstanding anything to the contrary contained herein, or the Memorandum of Agreement, this conveyance is made and accepted subject to any and all easements, leases, rights-of-way, restrictions, outstanding mineral interests and royalty in- terests, if any, relating to or affecting the property described herein existing on the date of execution of the Memorandum of Agreement. Notwithstanding anything to the contrary contained herein or in the Memorandum of Agreement, the easement herein granted shall cease and terminate in the event the City elects not to proceed with the construction of the Justiceburg Reservoir Project and cancels its §11.121 Permit No. 4146 under the conditions therefor provided in Section VII of the Memorandum of Agreement. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto in anywise belonging perpetually (or for an appropriate lesser period in the case of temporary/workinq easements) unto the City of Lubbock, Texas, its successors and assigns, to the uses and under the conditions hereinabove stated forever (or for the life of this grant as above provided) WITNESS OUR HANDS, this the day of , 19 GRANTORS (acknowledgement as appropriate) -3- M* Will define easement, such as: a. Water pipelines; or b. Electric Transmission lines; C. Communication lines; d. Etc. (2)* Will define life of easement, such as: a. Permanent and perpetual; or b. -Temporary/working C. Etc. (3)* Will describe the primary facility, and major components and further provide for such additional facilities or acces- sories, etc., as may now be or subsequently become necessary or appropriate to the safe or efficient operation thereof, etc. This is as specific as can now be provided until final design plans are prepared. The primary facility, for example, could be such a. Overhead electrical transmission or distribution lines; or b. Underground water transmission pipes or conduits; c. etc. By way of one example only: "...overhead electrical transmission and/or distri- bution lines and wires, including all poles, wires, con- duits, transformers, guys, guy wires and braces, and such other facilities, improvements or accessories as now or subsequently necessary or appropriate to the safe and efficient operation of said overhead electrical transmission and/or distribution lines..." (4) Also, as applicable to the water pipeline easement only: In the event that City, in its discretion, determines to construct the Justiceburg Reservoir as contemplated by the Memorandum of Agreement and does construct such facil- ity, then and only then the City will grant to Grantors (pertains to Landowners Reed, Ward, and Huddleston only) one tap each to allow use of the raw water in the pipeline(s) for domestic and normal ranching livestock consumption on Grantors' property. No warranty will be given as to the quality or the availability of water from the pipeline(s). Grantors will provide a recording meter at each tap to measure the volume of water taken which shall be limited to twenty (20) acre feet per year per tap. The City shall have reasonable access to each tap and meter for the purpose of calibrating the same from time to time. FORM IV - ALL-WEATHER ROAD EASEMENT COMMENTS Mutual obligations have been accepted between the parties affected as to an all-weather road. Section III at pg. 41 of Memorandum of Agreement. This will be a private road for the use of the City and the abutting landowners only. The 60' wide easement for the roadway will be granted without additional cost to the City (beyond consideration paid for the land otherwise purchased). It will be constructed and maintained by the City. The easement will be fenced on each side. The original cost of installation of the fences will be on the City's, but all costs of maintenance of the fences thereafter will be on the, abutting landowner. Only some of the parties to the Memorandum of Agreement will be involved in the road easement. Where possible the road will follow property lines and in such applicable circumstances one-half of the roadway easement will be conveyed by each of the landowners abutting such property line. It will be the duty of the City to prepare, submit and file this easement document of record. PRIVATE ROADWAY EASEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF § THAT (name of specific landowner/grantor. , all of the County of , State of Texas, as landowner and hereinafter called "Grantors"), for and in consideration of the sum of TEN AND NO/100 DOLLARS, and the further consideration of all sums for the purpose of the grant now due as provided in Memorandum of Agreement dated the day of April, 1986, as attached to Contract of Sale between Grantors and Grantee, of record in Vol. , Page Deed Records of County, Texas, all to Grantors cash in hand paid as in said Memorandum of Agreement provided, by the City of Lubbock, a home rule municipal corporation of Lubbock County, Texas, the receipt and sufficiency of all of which is hereby acknowledged and confessed, and the further good and valuable consideration in benefits accruing and to accrue to the remainder of their property, have by these presents GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents do GRANT, BARGAIN, SELL and CONVEY unto the said City of Lubbock, Texas, its legal repre- sentatives, successors and assigns, for the use of the said City of Lubbock, Texas, and other landowners who are parties to the Memorandum of Agreement and whose property abuts the roadway, as a private roadway easement and including the free and uninter- rupted use, liberty of passage in, along, over, upon and across, in common with Grantors, all that property.lying and being situated in the County of , State of Texas, and being described as follows, to -wit: (for example) A (30' or 60') foot wide private roadway easement out of (section, block, etc.), County, Texas, being situated as set forth on Exhibit "A" attached to the Memorandum of Agreement and being more particularly de- scribed as follows: (Metes and bounds description) together with the rights of ingress, egress and regress at any and all times, to accomplish the following purposes: allowing but not limited to, construction, reconstruction, erection, repair, inspection, patrolling and maintaining such roadway easement. Grantors shall not place any such structures or improvements within said easement area as will interfere with Grantee's full use thereof in accordance with the purpose of the grant. ' This easement includes the right to subsequently add or replace any facility, improvement or accessory necessary to the operation of the primary purpose of the easement, including its relocation at any time within the easement area, and shall further include the right at any time during the life of this easement, to remove all timber, trees, brush, trash, filth, or any other obstructions in whole or in part within the easement area which might endanger or interfere with the Grantee's full enjoyment of the rights granted herein. Unless otherwise specifically provided this grant is further made subject to and shall always be construed and interpreted as consistent with and as containing all provisions directly or indirectly governing its grant and the respective rights and obligations of both Grantor and Grantee relating thereof, as contained in the Memorandum of Agreement dated April , 1986, and as above described, to which .said Memorandum of Agreement reference is here made and its applicable provisions incorporated herein by reference for all purposes. The Grantee at its sole cost shall construct and maintain within such roadway easement when necessary to it, an all-weather service road of such width as to the City in its discretion deemed to be of sufficient width to safely accommodate all traffic anticipated to be generated by City's activities during planning, construction, operation, reconstruction and maintenance of the Justiceburg dam, reservoir and related facilities. The all-weather service road shall be constructed and maintained at the City's sole expense. The roadway easement area shall be fenced along each outside property line. The cost of the original fencing shall be paid by the City, thereafter all costs of maintenance of said fences shall be solely upon the landowner whose property abuts the 2 - fenced area. The fence shall be placed at or immediately abut- ting the outer metes and bounds of the total easement area. The road shall not be accessible to the public nor dedicated as a public roadway. It may be -used only by all the abutting landowners and the City, its employees, servants, agents and contractors in its activities relating to the planning, con- struction, operation and maintenance of the Justiceburg dam and reservoir. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto in anywise belonging perpetually unto the City of Lubbock, Texas, its successors and assigns, to the uses and under the conditions hereinabove stated forever. City agrees to indemnify and hold Grantors harmless from any and all claims or liabilities or damages based on the negligence of the City or any of its employees, agents and contractors related in any manner to the City's surveying, feasibility inves- tigations and construction and operation of the Justiceburg Dam and Reservoir. Except as and to the extent inconsistent with the City's use of the easement area for the purposes herein contained, the City agrees to restore promptly any portion of the easement area or of the remainder of Grantor's property not conveyed or to be con- veyed in fee to City under the Memorandum of Agreement disturbed by the City in connection with its use of the easement herein granted or the construction of improvements or facilities related to such easement. Notwithstanding anything to the contrary contained herein, or in the Memorandum of Agreement, this conveyance is made and accepted.subject to any and all easements, leases, rights-of-way, restrictions, outstanding mineral interests and royalty inter- ests, if any, relating to or affecting the property described herein, existing on the date of execution of the Memorandum of Agreement. Notwithstanding anything to the,contrary contained herein or in the Memorandum of Agreement, the easement herein granted shall 3 - cease and terminate in the event the City elects not to proceed with the construction of the Justiceburg Reservoir project and cancels its §11.121 Permit No. 4146 under the conditions therefor provided in Section VII of the Memorandum of Agreement. WITNESS OUR HANDS, this the day of , 19 GRANTORS (acknowledgement as appropriate) - 4 - r •s THE STATE OF TEXAS COUNTY OF GARZA CONTRACT OF SALE KNOW ALL MEN BY THESE PRESENTS: BY THIS AGREEMENT AND CONTRACT, Billy Wayne Williams and wife, Patsy Williams, of Scurry County, Texas, and Carol Sue Reed and husband, John E. Reed, of Scurry County, Texas, as the Seller and hereinafter called "LANDOWNER," and the City of Lubbock, a home rule municipal corporation of Lubbock County, Texas, as the Buyer and hereinafter called "CITY," by which Landowner agrees to sell to City and City agrees to buy from Landowner the property, rights, titles and easements hereinafter described upon the terms and conditions following: WITNESSETH 1. That Landowner has agreed, and does hereby agree, to sell and convey unto City, and does hereby sell and agree to convey unto City the surface land to be acquired in fee (the oil and gas and other hydrocarbon minerals being reserved to Seller as set forth in the Memorandum of Agreement incorporated herein) by warranty deed, free and clear of all outstanding liens, mortgages, deeds of trust or other indebtedness, but subject to any and all easements, leases, rights-of-way, restrictions, outstanding mineral interests and royalty interests, if any, relating to or affecting the herein described real property, existing on the date of execution of the Memorandum of Agreement, all those certain tracts or parcels of land lying and situated in Garza County, Texas, and being more particularly described as follows, to -wit: TRACTS A: that certain real property described in Exhibit A attached hereto and incorporated herein, as designated in said Exhibit A as: RESERVOIR AREA "A", a 90.71 acre tract of land out of Sections 11 and 12, Block 6, H.&G.N. R.R. Co. Survey, Garza County, Texas; RESERVOIR AREA "B", a 35.20 acre tract of land out of Section 12, Block 6, H.&G.N. R.R. Co. Survey, Garza County, Texas; and RESERVOIR AREA "C", a 0.34 acre tract of land out of Section 12, Block 6, H.&G.N. R.R. Co. Survey, Garza County, Texas. r TRACTS B: that certain real property described in Exhibit B attached hereto and incorporated herein, as designated in said Exhibit B as: UNUSABLE LAND "A", a 0.78 acre tract of land out of Section 12, Block 6, H.&G.N. R.R. Co. Survey, Garza County, Texas; and UNUSABLE LAND "B", a 1.05 acre tract of land out of Section 12, Block 6, H.&G.N. R.R. Co. Survey, Garza County, Texas. 2. That Landowner has agreed and does hereby agree, to provide the City, without additional consideration beyond that due to be paid for the property described in paragraph 1, above, a restrictive easement and flood easement for the purposes defined in paragraph IV of the Memorandum of Agreement hereinafter described, from elevation 2220 feet above mean sea level to elevation 2245 feet above mean sea level, for the free and uninterrupted use, liberty of passage in, along, over, upon and across, all those certain tracts or parcels of land lying and situated in Garza County, Texas, and being more particularly described as follows, to -wit: TRACTS C: that certain property described in Exhibit C attached hereto and incorporated herein, as designated in said Exhibit C as: FLOOD AND RESTRICTIVE EASEMENT "A", a 60.26 acre easement out of Sections 11 and 12, Block 6, H.&G.N. R.R. Co. Survey, Garza County, Texas; FLOOD AND RESTRICTIVE EASEMENT "B", a 55.87 acre easement out of Sections 11 and 12, Block 6, H.&G.N. R.R. Co. Survey, Garza County, Texas; FLOOD AND RESTRICTIVE EASEMENT "C", a 67.92 acre easement out of Section 12, Block 6, H.&G.N. R.R. Co. Survey, Garza County, Texas; and FLOOD AND RESTRICTIVE EASEMENT "D", a 0.14 acre easement out of Section 11, Block 6, H.&G.N. R.R. Co. Survey, Garza County, Texas. 3.. The Landowner has further agreed, and does hereby agree, to impose and provide the City, without additional consideration beyond that due to be paid for the property described in paragraph 1, above, a restrictive easement for the purposes defined in paragraph IV of the Memorandum of Agreement hereinafter described, on such portion of their land which is between elevation 2245 feet above mean sea level and 300. -feet_ horizontal distance from elevation 2220 feet above mean sea level if the 300 feet horizontal distance contains a larger area of land than is contained between elevations 2220 feet and 2245 feet above mean sea level for the free and uninterrupted use, liberty of passage in, along, over, upon and across, all those certain tracts or parcels of land lying and situated in Garza County, Texas, and being more particularly described as follows, to -wit: -2- TRACTS D: that certain real property described in Exhibit D attached hereto and incorporated herein, as designated in said Exhibit D as: RESTRICTIVE EASEMENT "A", a 4.25 acre easement out of Section 11, Block 6, H.&G.N. R.R. Co. Survey, Garza County, Texas; RESTRICTIVE EASEMENT "B", a 14.07 acre easement out of Section 11, Block 6, H.&G.N. R.R. Co. Survey, Garza County, Texas; RESTRICTIVE EASEMENT "C", a 18.43 acre easement out of Sections 11 and 12, Block 6, H.&G.N. R.R. Co. Survey, Garza County, Texas; RESTRICTIVE EASEMENT "D", a 20.82 acre easement out of Sections 11 and 12, Block 6, H.&G.N. R.R. Co. Survey, Garza County, Texas; RESTRICTIVE EASEMENT "E", a 1.48 acre easement out of Section 11, Block 6, H.&G.N. R.R. Co. Survey, Garza County, Texas; RESTRICTIVE EASEMENT "F", a 5.12 acre easement out of Section 11, Block 6, H.&G.N. R.R. Co. Survey, Garza County, Texas; RESTRICTIVE EASEMENT "G", a 0.17 acre easement out of Section 11, Block 6, H.&G.N. R.R. Co. Survey, Garza County, Texas; RESTRICTIVE EASEMENT "H", a 0.09 acre easement out of Section 11, Block 6, H.&G.N. R.R. Co. Survey, Garza County, Texas; RESTRICTIVE EASEMENT "I", a 0.04 acre easement out of Section 11, Block 6, H.&G.N. R.R. Co. Survey, Garza County, Texas; RESTRICTIVE EASEMENT "J", a 2.71 acre easement out of Section 12, Block 6, H.&G.N. R.R. Co. Survey, Garza County, Texas; RESTRICTIVE EASEMENT "K", a 0.67 acre easement out of Section 12, Block 6, H.&G.N. R.R. Co. Survey, Garza County, Texas; RESTRICTIVE EASEMENT "L", a 0.20 acre easement out of Section 12, Block 6, H.&G.N. R.R. Co. Survey, Garza County, Texas; RESTRICTIVE EASEMENT "M", a 0.82 acre easement out of Section 12, Block 6, H.&G.N. R.R. Co. Survey, Garza County, Texas; RESTRICTIVE EASEMENT "N", a 0.64 acre easement out of Section 12, Block 6, H.&G.N. R.R. Co. Survey, Garza County, Texas; RESTRICTIVE EASEMENT "O", a 0.94 acre easement out of Section 12, Block 6, H.&G.N. R.R. Co. Survey, Garza County, Texas; RESTRICTIVE EASEMENT "P", a 0.78 acre easement out of Section 12, Block 6, H.&G.N. R.R. Co. Survey, Garza County, Texas; and RESTRICTIVE EASEMENT "Q", a 1.20 acre easement out of Section 11, Block 6, H.&G.N. R.R. Co. Survey, Garza County, Texas. 4. In and for the consideration hereinafter stated and such specific consideration therefor as provided in the Memorandum of Agreement incorporated herein, the Landowner, when necessary, will provide the City easements described by metes and bounds for one or more water pipelines, electric transmission lines and communication lines from the pump station across their property, together with temporary construction easements to construct and install water pipelines, electric transmission lines and communication lines, the pump house, dam, reservoir and other facilities required by City to complete the Justiceburg Project. 5. That Landowner further has agreed, and does hereby agree, to sell and convey unto City, and as applicable does hereby sell and agree to convey unto City, such other rights, titles, interests and privileges, and upon such terms, conditions and limitations, as agreed, set forth and defined in that certain -3- Memorandum of Agreement to which Landowner (among others) and City were parties, dated the 3rd day of April, 1986. A copy of said Memorandum of Agreement was attached to and incorporated as a part of a Contract of Sale between and the City of Lubbock, Texas, as filed of record in Vol. Page , Deed Records of Garza County, Texas, to which Memorandum of Agreement as there recorded reference is here made for all purposes as may become necessary in any interpretation of the contents of this instant Contract of Sale and any such instruments as may be hereafter executed in the fulfillment of the terms hereof. In the event of any inconsistency between this Contract of Sale and the Memorandum of Agreement so incorporated by reference, either by inclusion of matter or omission, the provisions of the Memorandum of Agreement shall control. 6. That in consideration of the conveyance to it by Landowner of the property, rights and easements above described, City agrees to pay to Landowner the amounts calculated, and at the times provided, in the Memorandum of Agreement incorporated herein and made a part of this Contract. This consideration is summarized only as follows: A. The sum of $800.00 per acre for all acreage to be acquired in fee, as described by metes and bounds in Exhibits A and B, attached to this Contract of Sale, and as also described as TRACTS A and B, in paragraph 1, above. B. The sum of $20.00 per rod (and for an area 60 feet in width) for all such easement described in paragraph 4, above, to be provided the City when necessary, as provided by paragraph III of the Memorandum of Agreement incorporated herein by reference. Notwithstanding anything contained herein or the Memorandum of Agreement incorporated herein to the contrary, it is acknowledged and agreed that certain Landowners party to such Memorandum of Agreement may not, due to prior separation or conveyance, own the minerals on their property. Such Landowners shall only be required to convey the surface without the minerals and shall be compensated at the rate of $800.00 per acre for the property conveyed. -4- 7. The times and amount of each such payment shall be as specifically provided in the Memorandum of Agreement. The City shall consider and treat all other terms, conditions and limitations, as set forth and defined in the incorporated Memorandum of Agreement to the extent same imposes duties or obligations upon City, as required of City as a part of its consideration due hereunder. Unless otherwise expressly specified, in the event of any inconsistency between this Contract of Sale and the Memorandum, either by inclusion or omission, the provisions of the Memorandum of Agreement shall control. 8. Prior to the date any warranty deed or easement instrument is required by this Contract or the Memorandum of Agreement, the City at its sole cost shall arrange to secure such abstracts of title covering the real estate which is the subject of this Contract as appropriate for examination by an attorney of its own selection, and/or it may arrange to secure or obtain at its sole cost a policy of title insurance. 9. Any objections to the title appearing upon examination, or in the process of securing a policy of title insurance, which objections remain the duty of Landowner to cure under the terms of the Memorandum of Agreement, shall be set forth in writing and delivered to Landowner for cure or elimination at least sixty (60) days prior to the date of execution of any such warranty deed or easement right subsequently provided under the Memorandum of Agreement. 10. Landowner shall have a reasonable time to cure said objections and show title as is required under the terms of the Memorandum of Agreement, but that reasonable time shall not exceed the date provided for the deed or easement grant provided in the Memorandum of Agreement. 11. If Landowner fails or refuses to correct such title defect, City, in its option, may enforce specific performance of same. -5- ` 12. Taxes on the real estate herein conveyed or to be conveyed, shall be prorated to the date of the final payment for all land taken in fee simple and in accordance with the Memorandum of Agreement. 13. Landowner agrees to sign and execute such warranty deed and easement instruments as conform with the Memorandum of Agreement. The duty to prepare all such instruments shall be upon City. 14. The parties hereto agree that compliance by each of all terms, conditions, provisions, and limitations contained in the Memorandum of Agreement is of the essence of this Contract of Sale. 15. This Contract of Sale shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the respective parties to this Contract. 16. This Contract of Sale and all attachments thereto, shall be filed of record in the Deed Records of any and all counties in which all or any part of the property or property interests involved lies or is situated. EXECUTED in duplicate originals as of the day of , 1989. CITY OF LUBBOCK, TEXAS (BUYER): SELLER: BY: B. C. McMINN, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: .Sam Wahl, Director of Water Utilities APPROVED AS TO FORM: James P. Brewster, City Civil Trial Attorney -6- BILLY WAYNE WILLIAMS PATSY WILLIAMS CAROL SUE REED JOHN E. REED STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, personally appeared B. C. McMINN, Mayor of the City of Lubbock, and acknowledged to me that he executed the foregoing instrument for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of the City of Lubbock this day of , 1989. Notary Public, Lubbock, County Texas My Commission Expires: STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, personally appeared BILLY WAYNE WILLIAMS and acknowledged to me that he executed the foregoing instrument for the purposes and consideration therein expressed this day of , 1989. Notary Public, County Texas My Commission Expires: STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, personally appeared PATSY WILLIAMS and acknowledged to me that she executed the foregoing instrument for the purposes and consideration therein expressed this day of , 1989. Notary Public, , County* Texas My Commission Expires: STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, personally appeared CAROL SUE REED and acknowledged to me that she executed the foregoing instrument for the purposes and consideration therein expressed this day of , 1989. Notary Public, County Texas My Commission Expires: -7- STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, personally appeared JOHN E. REED and acknowledged to me that he executed the foregoing instrument for the purposes and consideration therein expressed this day of 1989. Notary Public, County Texas My Commission Expires: -8- EXHIBIT A LEGAL DESCRIPTIONS: RESERVOIR AREA "A" 90.71 ACRES RESERVOIR AREA "B" 35.20 ACRES RESERVOIR AREA "C" 0.34 ACRES EXHIBIT A - - �— r— - i--- r - i i - - F - FI£LD NOTES RESERVOIR AREA "A" FIELD NOTES on a 90.71 acre tract of land out of Sections 11 and 12, Block 6, H. & G.N. R.R. Co. Survey, Garza County, Texas and being more particularly described as follows: BEGINNING at the intersection of the East line of said Section 12 with contour elevation 2220, Mean Sea Level, National Geodetic Vertical Datum of 1929 (MSL, NGVD 1929) for the beginning point of this tract, whence the Northeast corner of said Section 12, bears North 01°37135" East, 1081.68 feet, said corner being the common corner of Sections 4, 5, 11 and 12; THENCE along said contour elevation 2220, MLS, NGVD 1929, the following meandered courses and distances: South 12°18139" West, 50.35 feet; South 68°30'15" West, 155.91 feet; South 88°57117" West, 95.48 feet; South 62°02142" West, 119.68 feet; North 68003115" West, 46.57 feet; North 56006159" East, 56.96 feet; North 03046135" West, 36.93 feet; North 30°39128" West, 59.17 feet; North 88°11110" West, 118.98 feet; North 14°17134" West, 66.01 feet; North 32°46134" West, 48.52 feet; South 07°15101" East, 114.13 feet; North 65°16133" West, 44.09 feet; South 33025142" West, 81.28 -feet; South 39018148" East, 115.07 feet; South 77008131" West, 189.64 feet; North 80016150" West, 52.23 feet; North 51°21129" West, 142.75 feet; OF GARY D. WILSON CERTIFIED CORRECT: .......... .. ;... Gary, D. Wilson �2'''' ?• Registered Public Surveyor PAGE 1 OF 7 CITY OF LUBBOCK • LAKE ALAN HENRY RESERVOIR AREA "A" A 90.71 ACRE TRACT OF LAND OUT OF SECTIONS 11 AND 12, BLOCK 6, H. & G.N. R.R. SO. SURVEY, GARZA COUNTY, TEXAS A WIL�-N SURVEYING Co., INC. - 23,838 (806) 76.5-3385 0 1718 AVENUE "N" 0 LUBBOCK. TEXAS 79401 North 74003'04" West, 59.80 feet; North 29007156" West, 104.22 feet; North 48049129" East, 52.66 feet; North 66°25148" West, 78.05 feet; North 08°50'27" West, 149.60 feet; South 84035135" East, 96.72 feet; North 68013128" East, 30.78 feet; North 57°42142" West, 175.58 feet; North 71°22115" East, 57.54 feet; North 34058154" East, 87.95 feet; North 10008156" West, 75.86 feet; South 59043147" West, 123.74 feet; North 31031135" East, 72.47 feet; North 48*01118" East, 87.86 feet; North 08011159" West, 91.04 feet; South 87036132" West, 51.08 feet; North 04009156" West, 78.37 feet; North 35031154" East, 143.30 feet; North 22002119" West, 99.79 feet; North 16053154" East, 278.17 feet pass the North line of said Section 12 and the South line of said Section 11; North 46000112" East, 74.92 feet; North 131000140" East, 179.42 feet; South 86050131" East, 66.74 feet; North 44°56135" East, 30.61 feet; North 83020114" West, 68.74 feet; North 06°25153" West, 88.32 feet; North 42006118" East, 40.95 feet; North 52040146" West, 65.38 feet; North 06010142" West, 72.14 feet; North 32018118" West, 101.35 feet; North 73040141" East, 101.34 feet; North 49057115" East, 87.19 feet; South 34037112" East, 34.53 feet; North 08019131" East, 41.08 feet; North 85°10107" West, 72.22 feet; North 55034124" East, 101.28 feet; North 82007121" West, 79.54 feet; South 48058136" West, 101.91 feet; South 16006150" West, 45.86 feet; South 84053152" West, 67.88 feet North 17003106" West, 44.97 feet; North 54°58155" West, 159.78 feet; North 27035134" East, 99.23 feet; North 82022143" East, 96.34 feet; North 56036136" West, 95.06 feet; South 44055110" West, 158.92 feet; North 25056105" West, 106.23 feet; RW/RAA -2- 23,838 South 47°25109" West, 37.41 feet; North 54°14'14" West, 130.17 feet; North 56°21157" East, 124.33 feet; North 14°39'01" West, 85.91 feet; South 77055158" West, 79.02 feet; North 36°32100" West, 123.71 feet; South 25028113" West, 43.30 feet; South 00052125" West, 127.19 feet; North 69°11144" West, 73.57 feet; North 33041106" East, 54.03 feet; North 85055109" West, 68.62 feet; North 40029128" West, 129.36 feet; North 62°24117" West, 45.04 feet; North 80029104" West, 114.47 feet; North 44016122" West, 294.95 feet; North 47018156" West, 221.73 feet; North 00051119" West, 54.00 feet; South 78004142" West, 58.92 feet; North 64009'32" West, 310.70 feet; North 23030156" West, 65.31 feet; South 82°17112" West, 55.29 feet; North 75002132" West, 205.59 feet; North 84049124" West, 150.87 feet; North 69008107" West, 74.75 feet; North 84057132" West, 203.42 feet; North 25°33159" West, 63.49 feet; South 06037108" East, 91.14 feet; South 40055154" West, 74.33 feet; North 25031134" West, 45.02 feet; South 03015145" East, 41.28 feet; South 36036142" West, 112.97 feet; North 01°07133" West, 46.58 feet; North 40°31116" West, 59.45 feet; North 08012120" West, 83.80 feet; North 13048132" West, 64.17 feet; South 37015124" West, 25.12 feet; South .1401712011 East, 141.65 feet; South 36052113" East, 47.74 feet; South 23028130" West, 100.50 feet; South 54029147" West, 74.61 feet; North 29006107" West, 166.59 feet; North 54032133" West, 164.99 feet; North 09°30153" West, 47.90 feet; South 19052147" West, 46.96 feet; South 53049115" East, 89.17 feet; South 44018142" East, 129.50 feet; South 04001145" East, 51.06 feet; South 06040150" West, 132.77 feet; RW/RAA -3- 23,838 r- r r- r- r-- r- r -- South 53°13'15" West, 336.51 feet; South 57°13'17" West, 435.71 feet; South 76°05'27" West, 656.99 feet; North 58°36146" West, 40.56 feet; South 51°59104" West, 53.09 feet; South 81°33127" West, 196.61 feet; South 74°30100" West, 149.27 feet to the intersection with the West line of said Section 11, for a corner of this tract; THENCE South 01036132" West, leaving said contour elevation 2220, MLS, NGVD 1929, along the West line of said Section 11, 383.47 feet to the intersection with said contour elevation 2220, MSL, NGVD 1929, for a corner of this tract; THENCE along said contour elevation 2220, MSL, NGVD 1929, the following meandered courses and distances: North 71000112" East, 26.31 feet; South 87047149" East, 176.97 feet; South 75°53124" East, 49.49 feet; South 12°31149" East, 87.71 feet; South 49007157" West, 59.00 feet; South 24024125" West, 77.45 feet; North 56058157" East, 69.04 feet; South 44048110" East, 83.76 feet; North 13°25103" West, 41.95 feet; North 32036111" West, 59.84 feet; North 34004139" East, 165.78 feet; North 87047151" East, 173.81 feet; North 50033131" East, 81.27 feet, North 73039152" East, 166.54 feet; North 87051114" East, 126.18 feet; South 43059117" East, 42.56 feet; North 01021127" West, 34.48 feet; North 82050109" East, 165.73 feet; South 04018100" East, 51.53 feet; North 29058121" East, 68.24 feet; North 82008131" East, 234.47 feet; South 47007121" East, 73.79 feet; South 20000154" West, 81.60 feet; South 50040138" East, 88.16 feet; North 10027123" East, 96.29 feet; North 33008154" West, 114.66 feet; North 81029119" East, 101.71 feet; South 22058117" East, 73.11 feet,- North eet;North 75011123" East, 61.66 feet; North 20034147" West, 62.61 feet; North 64°05159" East, 45.49 feet; RW/RAA. -4- 23,838 South 63022109" East, 77.21 feet; North 41056103" West, 66.90 feet; North 41044154" East, 68.35 feet; North 16030101" East, 67.84 feet; North 31°29103" East, 105.07 feet; North 22036140" East, 159.35 feet; North 13014108" East, 119.52 feet; North 51°17114" East, 177.02 feet; North 83°07109" East, 61.07 feet; North 42°48101" East, 58.34 feet; North 69°04'24" East, 156.85 feet; South 27025104" East, 46.46 feet; South 08012101" West, 103.69 feet; South 06046101" East, 35.70 feet; North 17035121" East, 52.45 feet; South 54024124" East, 76.40 feet; - North 13015100" West, 193.76 feet; North 81056129" East, 68.31 feet; South 88054101" East, 177.68 feet; North 89008106" East, 249.60 feet; South 57000102" East, 315.69 feet; South 24°15116" West, 27.60 feet; South 70028147" East, 54.34 feet; South 27041125" East, 78.15 feet; South 42028133" West, 104.44 feet; North 88026145" East, 154.85 feet; South 35034123" East, 91.74 feet; South 48027131" East, 164.05 feet; South 67025126" West, 152.22 feet; South 42026147" West, 89.80 feet; North 78039140" East, 259.02 feet; South 35022124" East, 80.08 feet; South 54002159" West, 106.64 feet; South 77012104" West, 67.54 feet; South 42055144" West, 53.47 feet; North 76°51'53" East, 81.41 feet; South 08045157" East, 88.72 feet; North 48053104" East, 42.75 feet; North 11021103" East, 74.42 feet; North 81041103" East, 71.23 feet; South 78000'57" East, 50.29 feet; South 59017137" East, 70.62 feet; South 340-19057" West, 87.01 feet; North 82004104" East, 85.42 feet; South 2703112211 West., 76.54 feet; North 67003107" East, 63.36 feet; South 03°40156" West, 95.51 feet; South 76022107" East, 80.03 feet; RW/RAA. -5- 23,838 South 18018145" East, 229.44 feet; South 86°16'49" West, 48.25 feet; South 60°11'06" West, 150.55 feet; South 73°48'14" West, 170.25 feet; South 42012'09" East, 41.36 feet; South 81°03'00" East, 172.29 feet; North 46°24103" East, 95.13 feet; South 69°54159" East, 60.74 feet; North 44°00139" East, 56.82 feet; South 09042126" East, 224.10 feet pass the South line of said Section 11 and the North line of said Section 12; South 02042141" East, 151.78 feet; South 11039141" West, 191.62 feet; North 26049107" West, 100.27 feet; South 37004144" West, 69.37 feet; South 11041124" West, 78.88 feet; South 73032141" West, 58.82 feet; North 51036129" West, 160.62 feet; North 65047126" West, 77.24 feet; North 18°04156" West, 89.64 feet; North 89015133" West, 82.06 feet; South 36038104" East, 137.06 feet; South 59°30148" East, 148.13 feet; South 17055125" West, 70.64 feet; North 75032150" West, 52.41 feet; South 46041110" East, 99.64 feet; South 09048128" West, 73.78 feet; South 83031145" East, 41.54 feet; South 30007104" West, 208.11 feet; North 70056128" West, 78.10 feet; North 49019132" West, 142.81 feet; South 23003135" East, 66.62 feet; South 28°34140" East, 116.20 feet; North 81042146" East, 100.23 feet; South 03044105" West, 50.97 feet; North 83059142" West, 40.32 feet; South 27033'01" East, 105.34 feet; South 86018151" West, 67.25 feet; South 36046120" West, 40.54 feet; South 19016110" East, 53.46 feet; South 73036120" West, 95.00 feet; South 38006100" East, 21.32 feet; South 88°40141" East, 122.67 feet; South 21054136" West, 44.16 feet; South 22045101" East, 76.70 feet; South 62°35100" East, 75.61 feet; South 49046122" East, 159.15 feet; •RW/RAA -6- 23,838 South 62014105" East, 103.50 feet; South 37008143" East, 101.43 feet; South 66°46'18" East, 402.19 feet; South 79°28126" East, 222.71 feet; South 82°01'43" East, 211.15 feet; North 76°45119" East, 196.06 feet; South 87012124" East, 107.99 feet; South 59004153" East, 59.16 feet; North 80045158" East, 46.71 feet; South 77°47159" East, 146.88 feet; South 08045151" East, 110.98 feet; North 52002119" East, 78.05 feet to the intersection with the East line of said Section 12, for a corner of this tract; THENCE North 01037'35" East, leaving said contour elevation 2220, MSL, NGVD 1929, along the East line of said Section 12, 657.24 feet to the point of beginning. CONTAINING 90.71 acres. NOTE: BEARINGS ARE BASED ON LAMBERT GRID TEXAS NORTH CENTRAL ZONE 6 = -1°58'40" DISTANCES ARE ACTUAL SURFACE DISTANCES. NOTE: ALL ELEVATIONS OBTAINED BY PHOTOGRAMMETRIC METHODS AS FURNISHED BY WILLIAMS•& STACKHOUSE, INC. CERTIFIED CORRECT: GARY D. WILSON REGISTERED PUBLIC SURVEYOR RW/RAA -7- 23,838 FIELD NOTES RESERVOIR AREA "B" FIELD NOTES on a 35.20 acre tract of land out of Section 12, Block 6, H. & G.N. R.R. Co. Survey, Garza County, Texas and being more particularly described as follows: BEGINNING at the intersection of the East line of said Section 12, with contour elevation 2220, Mean Sea Level, National Geodetic Vertical Datum of 1929, (MSL, NGVD 1929) for the beginning point of this tract, whence the Southeast corner of said Section 12, bears South 01037135" West, 586.09 feet, said corner being the common corner of Sections 3, 4, 12 and 13; THENCE along said contour elevation 2220, MSL, NGVD 1929, the following meandered courses and distances: South 53024111" West, 122.16 feet; South 46014130" West, 144.50 feet; North 69040125" East, 62.68 feet; South 44029135" West, 100.69 feet; South 06040127" East, 60.19 feet; South 20056108" West, 43.44 feet; South 34015141" West, 62.10 feet; North 26000118" West, 75.35 feet; North 11005102" East, 70.62 feet; South 70048120" West, 22.16 feet; North 04036119" West, 54.44 feet; North 32033137" East, 73.63 feet; North 46010152" East, 86.85 feet; North 70°46111" West, 131.49 feet; North 87014123" West, 157.80 feet; South 03024100" East, 95.34 feet; South 34000145" West, 71.24 feet; �.�. .; h: .. GARY �D.•WILSON ......000 .............. CERTIFIED CORRECT: %�`r ! '-�✓ /' -� �� Gary D. Wilson Regi.Lptered Public Surveyor PAGE 1 OF 4 CITY OF LUBBOCK ,,,� • LAKE ALAN HENRY RESERVOIR AREA "B" A 35.20 ACRE TRACT OF LAND OUT OF SECTION 12, BLOCK 6, H. & G.N. R.R. CO. SURVEY, GARZA COUNTY TEXAS .nes CAROL SUE REED BILLY W. WILLIAMS I Volum! Po e Su -e ed Drawn N.L.O.Scale Mote A IVIL N SURVEYING Co., INC• 23,838 (806)76,3-338S • 1718 AVENUE "N" • LUBBOCK. TEXAS 79401 r--- r- �- r-- r-- r A l North 17018159" West, 96.05 feet; North 28030150" West, 86.28 feet; North 83°09'12" West, 91.03 feet; South 65004113" West, 76.75 feet; North 76°39158" West, 101.64 feet; North 75025157" West, 78.46 feet; South 43047112" West, 187.61 feet; South 07055155" West, 67.21 feet; South 83056125" West, 64.63 feet; North 66002148" West, 61.40 feet; South 61043108" West, 90.09 feet; South 09028132" East, 94.16 feet; South 61038116" West, 84.58 feet; North 46012106" West, 70.74 feet; North 28008119" West, 74.69 feet; South 62044111" West, 83.68 feet; North 47007106" West, 32.69 feet; North 00038116" West, 95.22 feet; South 83057138" West, 88.65 feet; North 68015105" West, 38.14 feet; North 74020102" East, 91.25 feet; North 68011153" West, 70.28 feet; North 83000125" East, 145.14 feet; North 72009122" East, 144.88 feet; North 11057109" West, 42.21 feet; North 52037151" West, 87.27 feet; North 10012125" West, 121.26 feet; North 10028158" East, 157.87 feet; North 60041118" West, 84.90 feet; North 44059133" West, 128.37 feet; North 00025129" East, 37.51 feet; North 50035139" West, 115.91 feet; North 06053157" West, 185.70 feet; South 80059143" West, 74.59 feet; North 62006156" West, 45.87 feet; North 22027140" West, 76.63 feet; South 33003140" East, 87.76 feet; North 80054132" East, 88.74 feet; South 63043128" East, 30.37 feet; South 18055115" East, 125.79 feet; South 12022130" West, 56.60 feet; South 53017125" East, 160.46 feet; South 13049116" East, 66.08 feet; North 78041103" East, 91.97 feet; South 63042143" East, 60.78 feet; South 26048109" East, 126.39 feet; North 09026115" East, 158.91 feet; North 37017107" East, 72.93 feet; RW/RAB -2- 23,838 n North 65°08157" East, 76.45 feet; North 52058118" West, 35.37 feet; North 71°56'27" East, 80.07 feet; North 45°24155" East, 215.92 feet; North 72028125" East, 213.97 feet; North 78025111" East, 178.95 feet; North 00000'09" West, 89.27 feet; North 70050117" East, 43.64 feet; North 12009104" East, 86.27 feet; North 02055128" West, 75.86 feet; North 38048127" East, 98.43 feet; North 28050114" West, 45.14 feet; North 13051146" West, 66.92 feet; South 38002155" East, 113.65 feet; North 44025148" East, 186.84 feet; North 05036149" East, 102.68 feet; North 27043100" East, 104.23 feet; North 48040103" West, 43.03 feet; North 22027152" West, 53.06 feet; South 55047109" East, 85.78 feet; South 67029138" East, 78.63 feet; North 44046131" East, 71.41 feet; North 37037105" West, 57.62 feet; South 72007146" East, 68.21 feet; North 62018129" East, 105.51 feet to a point in the East line of said Section 12; THENCE South 01037135" West, leaving said contour elevation 2220, MSL, NGVD 1929, along the East line of said Section 12 and the West line of Section 4, 831.44 feet to the intersection with contour elevation 2220, MSL, NGVD 1929; THENCE along said contour elevation 2220, MSL, NGVD 1929, the following meandered courses and distances: South 30017124" West, 79.2.4 feet; South 25°41117" West, 145.62 feet; South 14°02'06" West, 100.68 feet; South 01008100" East, 86.85 feet; South 16034118" East, 64.38 feet; North 51007156" East, 92.38 feet; South 61°58116" East, 27.32 feet to a point in the East line of said Section 12; THENCE South 01037'35' West, leaving said contour elevation 2220, MSL, NGVD 1929, along the East line of said Section 12 and the West line of Section 4, 437.85 feet to the point of beginning. RW/RAB -3- 23,838 F_ F- r- r r ... l - - F- r-, �- CONTAINING 35.20 acres. NOTE: BEARINGS ARE BASED ON LAMBERT GRID TEXAS NORTH CENTRAL ZONE 6 = -1°58140" DISTANCES ARE ACTUAL SURFACE DISTANCES. NOTE: ALL ELEVATIONS OBTAINED BY PHOTOGRAMMETRIC MEHTODS AS FURNISHED BY WILLIAMS & STACKHOUSE, INC. CERTIFIED CORRECT: GARY D. WILSON REGISTEREDED PUBLIC SURVEYOR RW/RAB -4- 23,838 FIELD NOTES RESERVOIR AREA "C" FIELD NOTES on a 0.34 acre tract of land out of Section 12, Block 6, H. & G.N. R.R. Co. Survey, Garza County, Texas and being more particularly described as follows: BEGINNING at the intersection of the East line of said Section 12 with contour elevation 2220, Mean Sea Level, National Geodetic Vertical Datum of 1929, (MSL, NGVD 1929), for the beginning point of this tract, whence the Southeast corner of said Section 12, bears South 01°37135" West, 218.84 feet, said corner being the common corner of Sections 3, 4, 12 and 13; THENCE along said contour elevation 2220, MSL, NGVD 1929, the following meandered courses and distances: South 66015146" West, 191.22 feet; South 59018'55" West, 256.15 feet to a point in the South line of said Section 12; THENCE North 88022'17" West, leaving said contour elevation 2220, MSL, NGVD 1929, along the South line of said Section 12 and the North line of Section 13, 44.50 feet to the intersection with contour elevation 2220, MSL, NGVD 1929; THENCE along said contour elevation 2220, MSL, NGVD 1929, the following meandered courses and distances: North 53018110" East, 119.74 feet; North 62036121" East, 286.61 feet; North 65°30.118" East, 99.36 feet to a point in the East line of said Section 12; ..GARY D. w1LS4N CERTIFIED CORRECT: f' .................... Gary D. Titsori GB'•'ss,=,�*�'.••:w� Registered Public Surveyor SURJ� PAGE 1 OF 2 CITY OF LUBBCLK •„,� • LAKE ALAN HENRY RESERVOIR AREA "C” A 0.34 ACRE TRACT OF LAND OUT OF SECTION 12, BLOCK 6, H. & G.N. R.R. CO. SURVEY, wnef VIVE co a.a n U►own cote I Uor A IVIL -N SURVEYING Co., INC. 23,838 (806) 765-33SR 0 1718 AVENUE "N" 0 LUBBOCK, TEXAS 79401 Ir THENCE South 01037'35" West, leaving said contour elevation 2220, MSL, NGVD 1929, along the East line of said Section 12 and the West line of Section 4, 38.21 feet to the point of beginning. CONTAINING 0.34 acres. NOTE: BEARINGS ARE BASED ON LAMBERT GRID TEXAS NORTH CENTRAL ZONE 6 = -1°58'40" DISTANCES ARE ACTUAL SURFACE DISTANCES. NOTE: ALL ELEVATIONS OBTAINED BY PHOTOGRAMMETRIC METHODS AS FURNISHED BY WILLIAMS & STACKHOUSE, INC. CERTIFIED CORRECT:_ GARY D. WILSON REGISTERED PUBLIC SURVEYOR RW/RAC -2- 23,838 EXHIBIT B LEGAL DESCRIPTIONS: UNUSABLE LAND "A" 0.78 ACRES UNUSABLE LAND "B" 1.05 ACRES EXHIBIT B FIELD NOTES UNUSABLE LAND "A" FIELD NOTES on a 0.78 acre tract of land out of Section 12, Block 6, H. & G.N. R.R. Co. Survey, Garza County, Texas and being more particularly described as follows: BEGINNING at the intersection of the East line of said Section 12, with contour elevation 2220, Mean Sea Level, National Geodetic Vertical Datum of 1929, (MSL, NGVD 1929) for the beginning point of this tract, whence the Southeast corner of said Section 12, bears South 01°37135" West, 1023.94 feet said corner being the common corner of Sections 3, 4, 12 and 13; THENCE North 01037'35" East, leaving said contour elevation 2220, MSL, NGVD 1929, along the East line of said Section 12 and the West line of Section 4, 400.90 feet to the intersection with said contour elevation 2220, MSL, NGVD 1929; THENCE along said contour elevation 2220, MSL, NGVD 1929, the following meandered courses and distances: South 30017124" West, 79.24 feet; South 25041117" West, 145.62 feet; South 14002106" West, 100.68 feet; South 01008'00" East, 86.85 feet; South 16034118" East, 64.38 feet; North 51007156" East, 92.38 feet; South 61058116" East, 27.32 feet to the point of beginning. CONTAINING 0.78 acres. NOTE: BEARINGS ARE BASED ON LAMBERT GRID TEXAS NORTH CENTRAL ZONE 8 = -1°58'40" DISTANCES ARE ACTUAL SURFACE DISTANCES. NOTE: ALL ELEVATIONS OBTAINED BY PHOTOGRAMMETRIC METHODS AS FURNISHED BY WILLIAMS & STACKHOUSE, INC. OF (GAR � ....Y D. WILSON r CERTIFIED CORRECT: 4734 ?n. Gary D. Xi ison GB•w Pegisterid ruottc surveyor CITY OF LUBBOCK • LAKE ALAN HENRY UNUSABLE LAND "A" A 0.78 ACRE TRACT OF LAND OUT OF SECTION 12, BLOCK 6, H. & G.N. R.R. CO. SURVEY, GARZA COUNTY, TEXAS �.a.o. i v.own cote I Dole DFURMBER 19H7 WIL N SURVEYING Co., INC. (806) 76.5-338!; • 1718 AVENUE "N" • LUBBOCK, TEXAS 79401 23,838 y. F- F- r-- r--- �- _ r �-- FIELD NOTES UNUSABLE LAND "B" FIELD NOTES on a 1.05 acre tract of land out of Section 12, Blo=k 6, H. & G.N. R.R. Co. Survey, Garza County, Texas and being more particularly described as follows: BEGINNING at the Southeast corner of said Section 12, for the beginning point of this tract, said corner being the common corner of Sections 3, 4, 12 and 13; THENCE North 01037'35" East, along the East line of said Section 12 and the West line of Section 4, 218.84 feet to the intersection with contour elevation 2220, Mean Sea Level, National Geodetic Vertical Datum of 1929, (MSL, NGVD 1929); THENCE along said contour elevation 2220, MSL, NGVD 1929, the following meandered courses and distances: South 66015146" West, 191.22 feet; South 59018155" West, 256.15 feet to a point in the South line of said Section 12; THENCE South 88022117" East, leaving said contour elevation 2220, MSL, NGVD 1929, along the South line of said Section 12 and the North line of Section 13, 389.27 feet to the point of beginning. CONTAINING 1.05 acres. NOTE: BEARINGS ARE BASED ON LAMBERT GRID TEXAS NORTH CENTRAL ZONE = -1°58140" DISTANCES ARE ACTUAL SURFACE DISTANCES. NOTE: ALL ELEVATIONS OBTAINED BY PHOTOGRAMMETRIC METHODS AS FURNISHED BY WILLIAMS & STACKHOUSE, INC. r CERTIFIED CORRECT: - Gary D. Wilson Registered Public Surveyor CITY OF LUBBOCK (.(.?I LAKE ALAN HENRY UNUSABLE LAND "B" ON A 1.05 ACRE TRACT OF LAND OUT OF SECTION 12, BLOCK 6, H. & G.N. R.R. CO. SURVEY, GARZA COUNTY, TEXAS -vve co urown Scope i uore nrrrmgF IVIL N SURVEYING Co., INC. (806) 765-33-5 • 1718 AVENUE "N" 0 LUBBOCK. TEXAS 79401 23, 838 EXHIBIT C LEGAL DESCRIPTIONS: FLOOD AND RESTRICTIVE EASEMENT "A" 60.26 ACRES FLOOD AND RESTRICTIVE EASEMENT "B" 55.87 ACRES FLOOD AND RESTRICTIVE EASEMENT "C" 67.92 ACRES FLOOD AND RESTRICTIVE EASEMENT "D" 0.14 ACRES EXHIBIT C FIELD NOTES FLOOD AND RESTRICTIVE EASEMENT "A" FIELD NOTES on a 60.26 acre easement out of Sections 11 and 12, Block 6, H. & G.N. R.R. Co. Survey, Garza County, Texas and being more particularly described as follows: BEGINNING at the intersection of the East line of said Section 12, with contour elevation 2220, Mean Sea Level, National Geodetic Vertical Datum of 1929 (MSL, NGVD 1929), for the beginning point of this easement, whence the Northeast corner of said Section 12, bears North 01037135" East, 1081.68 feet, said corner being the common corner of Sections 4, 5, 11 and 12; THENCE along said contour elevation 2220, MSL, NGVD 1929, the following meandered courses and distances: South 12018139" West, 50.35 feet; South 68030115" West, 155.91 feet; South 880571117" West, 95.48 feet; South 62002142" West, 119.68 feet; North 68003115" West, 46.57 feet; North 56006159" East, 56.96 feet; North 03046135" West, 36.93 feet; North 30039128" West, 59.17 feet; North 88°11'10" West, 118.98 feet; North 14017134" West, 66.01 feet; North 32°46134" West, 48.52 feet; South 07015101" East, 114.13 feet; North 65016133" West, 44.09 feet; South 33°25142" West, 81.28 -feet; South 39018148" East, 115.07 feet; South 771008131" West, 189.64 feet; North 80016150" West, 52.23 feet; North 51021129" West, 142.75 feet; �ptE. OF TFC' ti :. GARY 0. WILS..N CERTIFIED CORRECT.--�`' .e- 4239 Gary' -D. Wilson �'d'•'��rjrc��°'lam Registered Public Surveyor 4�CSUR�� PAGE 1 OF 7 _�::.=`• CITY OF LUBB O CK R LAKE ALAN HENRY FLOOD AND RESTRICTIVE EASEMENT "A" A 60.26 ACRE EASEMENT OUT OF SECTIONS 11 AND 12, BLOCK 6, H. & G.N. R.R. CO. SURVEY, GARZA COUNTY. TEXAS .mac• %.ftAUL buy, AZZUIZILLY W. WILLIAMS Volume Pone "Ve Cd R.R. I UfOwn Scot! Dote DECEMBER 1 A WIL -N SURVEYING Co., INC. 23,838 (806) 763-3388 0 1718 AVENUE "N" 0 LUBBOCK. TEXAS 79401 North 74003104" West, 59.80 feet North 29007156" West, 104.22 feet; North 48°49129" East, 52.66 feet; North 66025148" West, 78.05 feet; North 08050127" West, 149.60 feet; South 84035135" East, 96.72 feet; North 68013128" East, 30.78 feet; North 57042142" West, 175.58 feet; North 71°22115" East, 57.54 feet! North 34058154" East, 87.95 feet; North 10008156" West, 75.86 feet; South 59043147" West, 123.74 feet; North 31031135" East, 72.47 feet; North 48001118" East, 87.86 feet; North 08011159" West, 91.04 feet; South 87036132" West, 51.08 feet; North 04009.56" West, 78.37 feet; North 35031154" East, 143.30 feet; North 22002119" West, 99.79 feet; North 16053154" East, 278.17 feet pass the North line of said Section 12 and the South line of said Section 11; North 46000112" East, 74.92 feet; North 13000140" East, 179.42 feet; South 86050131" East, 66.74 feet; North 44056135" East, 30.61 feet; North 83020114" West, 68.74 feet; North 06025153" West, 88.32 feet; North 42006118" East, 40.95 feet; North 52040146" West, 65.38 feet; North 06010142" West, 72.14 feet; North 32018118" West, 101.35 feet; North 73040141" East, 101.34 feet; North 49057115" East, 87.19 feet; South 34037112" East, 34.53 feet; North 08019131" East, 41.08 feet, North 85010107" West, 72.22 feet; North 55034124" East, 101.28 feet; North 82007121" West, 79.54 feet; South 48058136" West, 101.91 feet; South 16006150" West, 45.86 feet; South 84053152" West, 67.88 feet North 1700.3106" West, 44.97 feet: North 54058155" West, 159.78 feet; North 27035134" East, 99.23 feet; North 82022143" East, 96.34 feet; North 56036136" West, 95.06 feet; South 44055110" West, 158.92 feet; North 25056105" West, 106.23 feet; RW/FREA -2- 23,838 South 47025'09" West, 37.41 feet; North 54°14'14" West, 130.17 feet; North 56°21157" East, 124.33 feet; North 14°39101" West, 85.91 feet; South 77°55158" West, 79.02 feet; North 36032100" West, 123.71 feet; South 25028113" West, 43.30 feet; South 00052125" West, 127.19 feet; North 69°11144" West, 73.57 feet; North 33041106" East, 54.03 feet; North 85055109" West, 68.62 feet; North 40029128" West, 129.36 feet; North 62024117" West, 45.04 feet; North 80029104" West, 114.47 feet; North 44016122" West, 294.95 feet; North 47018156" West, 221.73 feet; North 00051119" West, 54.00 feet; South 78004142" West, 58.92 feet; North 64009132" West, 310.70 feet; North 23030156" West, 65.31 feet; South 82017112" West, 55.29 feet; North 75002132" West, 205.59 feet; North 84049124" West, 150.87 feet; North 69008107" West, 74.75 feet; North 84057132" West, 203.42 feet; North 25033159" West, 63.49 feet; South 06037108" East, 91.14 feet; South 40055154" West, 74.33 feet; North 25031134" West, 45.02 feet; South 03015145" East, 41.28 feet; South 36036142" West, 112.97 feet; North 01007133" West, 46.58 feet; North 40031116" West, 59.45 feet.- North eet;North 08012120" West, 83.80 feet; North 13048132" West, 64.17 feet; South 37015124" West, 25.12 feet; South 14017120" East, 141.65 feet; South 36052113" East, 47.74 feet; South 23028130" West, 100.50 feet; South 54029147" West, 74.61 feet; North 29006107" West, 166.59 feet; North 54032133" West, 164.99 feet; North 09030153" West, 47.90 feet; South 19052147" West, 46.96 feet; South 53049115" East, 89.17 feet; South 44018142" East, 129.50 feet; South 04001145" East, 51.06 feet; South 06040150" West, 132.77 feet; RW/FREA -3- 23,838 South 53°13115" West, 336.51 feet; South 57013117" West, 435.71 feet; South 76°05127" West, 656.99 feet; North 58036146" West, 40.56 feet; South 51°59'04" West, 53.09 feet; South 81°33127" West, 196.61 feet; South 74°30100" West, 149.27 feet to the intersection with the West line of said Section 11, for a corner of this tract; THENCE North 01036'32" East, leaving said contour elevation 2220, MSL, MGVD 1929, along the West line of said Section 11 and along the East line of said Section 20, 441.33 feet to the intersection with contour elevation 2245, MSL, NGVD 1929, for a corner of this easement; THENCE along said contour elevation 2245, MSL, NGVD 1929, the following meandered courses and distances: North 77031148" East, 18.43 feet; South 46044137" East, 156.53 feet; North 36017156" East, 341.98 feet; North 62035121" East, 169.97 feet; North 11037147" East, 112.38 feet; North 27°46120" West, 134.75 feet; North 19045104" West, 79.04 feet; North 00009100" East, 90.09 feet to a set 1/2" iron rod; North 51022127" East, 90.06 feet; North 20005149" West, 89.95 feet; North 09034101" West, 163.58 feet; North 79°59106" East, 76.42 feet; North 22°13151" West, 77.98 feet; South 70020157" East, 57.78 feet; North 61035106" East, 151.18 feet; South 82°37156" East, 121.32 feet; North 62040148" East, 59.90 feet; North 79°26137" East, 65.87 feet; North 33°54149" West, 67.46 feet to a set 1/2" iron rod; South 71011143" East, 157.97 feet; North 76029139" East, 181.91 feet; South 24021154" East, 48.81 feet; North 84029155" East, 77.03 feet; South 73058142" East. 111.67 feet; South 65044125" East, 126.97 feet; North 03009131" West, 105.58 feet; South 39016118" East, 81.47 feet; South 09015132" East, 67.75 feet; North 69003119" East, 44.98 feet; South 86021113" East, 62.79 feet; RW/FREA -4- 23,838 South 48048137" East, 49.68 feet; South 63010144" East, 62.21 feet to a set 1/2" iron rod; South 76048107" East, 73.45 feet; South 17001'50" East, 99,95 feet; South 26027141" East, 108.50 feet; South 72020159" East, 84.07 feet; North 59022147" East, 110.30 feet; South 54028107" East, 62.61 feet; South 19059127" West, 115.52 feet; South 55055113" East, 75.14 feet; North 88°29125" East, 99.86 feet; South 51°42123" East, 66.33 feet; South 87059108" East, 90.27 feet; South 80047142" East, 190.12 feet; South 65041119" East, 53.62 feet; North 31056124" East, 161.80 feet; South 43013125" East, 30.09 feet; South 16051141" West, 92.28 feet; South 46049126" East, 43.62 feet; South 27029151" West, 41.61 feet; South 56033151" East, 150.57 feet; South 66023144" East, 113.76 feet; North 47027112" East, 84.14 feet; North 58008103" West, 26.69 feet; North 59018116"East, 40.64 feet; South 66008148" East, 106.81 feet; North 70°22112" East, 55.95 feet; South 01°14119" East, 94.76 feet; South 41040100" West, 29.87 feet; South 71012106" West, 78.07 feet; South 76022142" East, 78.76 feet; South 41030131" East, 86.14 feet; North 35°24146" East, 31.15 feet; North 84°12105" East, 80.26 feet; South 62059103" East, 25.48 feet; South 46029120" West, 90.89 feet; South 52038147" East, 52.52 feet; South 12043113" West, 44.80 feet; South 73036114" East, 73.45 feet; South 24005122" West, 50.73 feet; South 48037132" East, 131.42 feet; North 071027105" Fast, 72,47 feet; North 77052120" East, 68.69 feet; South 46040137" East, 153.64 feet.- South eet;South 26025156" East, 89.05 feet; North 17004143" East, 160.72 feet; North 60012156" East, 96.95 feet; RW/FREA -5- 23,838 RW/FREA -6- 23,838 South 53°17'10" East, 100.07 feet; North 67012'59" East, 130.50 feet; North 52°11142" East, 70.80 feet to a set 1/2" iron rod; North 73003113" East, 100.91 feet; South 46°07148" East, 42.85 feet; South 19°18'28" East, 92.64 feet to a set 1/2" iron rod; South 28°01'44" West, 197.40 feet; South 24°59'05" West, 104.44 feet; South 63°11'17" East, 135.85 feet; North 77046157" East, 97.76 feet; South 56044130" East, 88.38 feet; North 82033138" East, 79.38 feet; South 57033146" East, 25.80 feet; South 20°33128" West, 79.18 feet; South 46003103" East, 124.35 feet; South 39026147" East, 81.06 feet; South 08045148" East, 27.36 feet; North 80002145" West, 54.11 feet; South 02029137" West, 194.51 feet; North 88022110" West, 59.36 feet; North 24038152" West, 60.87 feet; South 88027138" West, 52.45 feet; South 11058135" West, 102.79 feet; South 61035110" East, 64.95 feet; South 06047143" East, 78.84 feet; South 52012104" West, 27.84 feet; South 59022122" East, 65.53 feet; South 3013425" East, 66.96 feet; South 23050101" West, 45.46 feet; South 63045112" West, 143.71 feet; South 01027112" East, 96.04 fee.t; South 44008124" West, 57.33 feet; South 59050150" West, 50.18 feet; South 11026'07" West, 30.50 feet pass the South line of said Section 11 and the North line of said Section 12; South 35035'24" West, 63.94 feet; South 11034101" West, 86.28 feet; South 06024154" East, 177.0.2 feet; South 51019143" West, 84.74 feet; South 12043122" West, 65.15 feet; South 62013148" East, 50.19 feet; South 50032115" East, 144.37 feet; South 02017110" East, 65.13 feet; South 51013126" West, 42.47 feet; South 27000150" East, 57.50 feet; South 13036123" West, 149.13 feet; South 83°42147" East, 181.79 feet; South 57059145" East, 102.77 feet; North 62053158" East, 73.61 feet; RW/FREA -6- 23,838 North 88°04'03" East, 40.36 feet; 4 South 14°59140" East, 72.87 feet; South 69°42112" East, 140.58 feet; South 73034120" East, 183.74 feet; South 84046143" East, 105.78 feet; North 72030152" East, 110.78 feet to the intersection with the East line of said Section 12, for a corner of this easement; THENCE South 01037135" West, leaving said contour elevation 2245, MSL, NGVD 1929, along the East line of said Section 12 and along the West line of said Section 4, 83.79 feet to the point of beginning. CONTAINING 60.26 acres. NOTE: BEARINGS ARE BASED ON LAMBERT GRID TEXAS NORTH CENTRAL ZONE 6 = -1°58'40" DISTANCES ARE ACTUAL SURFACE DISTANCES. NOTE: ALL ELEVATIONS OBTAINED BY PHOTOGRAMMETRIC METHODS AS FURNISHED BY WILLIAMS & STACKHOUSE, INC. CERTIFIED CORRECT: GARY D. WILSON REGISTERED PUBLIC SURVEYOR RW/FREA -7- 23,838 FIELD NOTES FLOOD AND RESTRICTIVE EASEMENT "B" FIELD NOTES on a 55.87 acre easement out of Sections 11 and 12, Block 6, H. & G.N. R.R. Co. Survey, Garza County, Texas and being more particularly described as follows: BEGINNING at the intersection of the East line of said Section 12, with contour elevation 2245, Mean Sea Level, National Geodetic Vertical Datum of 1929, (MSL, NGVD 1929) for the beginning point of this easement, whence the Northeast corner of said Section 12, bears North 01°37135" East, 1801.79 feet said corner being the common corner of Sections 4, 5, 11 and 12; THENCE along said contour elevation 2245, MSL, NGVD 1929, the following meandered courses and distances: South 71049114" West, 63.22 feet; North 65025135" West, 37.39 feet; North 11°47'33" West, 84.95 feet; North 68002'51" West, 121.96 feet; South 88°05134" West, 64.75 feet; North 60°28129" West, 72.94 feet; South 75036106" West, 226.82 feet; North 83015114" West, 255.30 feet; North 80°54'19" West, 234.52 feet; North 7302251" West, 115.57 feet; North 58006159" West, 178.44 feet; North 71029104" West, 130.29 feet; North 35051125" West, 101.86 feet; North 63022129" West, 75.35 feet; North 52018157" West, 159.79 feet; North 79°15123" West, 52.61 feet; North 70°23155" West, 127.16 feet; North 05048117" East, 34.58 feet; OF • 1 (GARY D.... CERTIFIED CORRECT:Gary. D. Wilson 4939 �o- .4p /C lce�tia�rrctz i uvi'ii: S1CivE�jOi + a /C•SUR�� PAGE 1 OF 7 CITY OF LUBBOCK • LAKE ALAN HENRY FLOOD AND RESTRICTIVE EASEMENT "B" A 55.87 ACRE EASEMENT OUT OF SECTIONS 11 AND 12'; BLOCK 6, H. & G.N. R.R. CO. SURVEY, GARZA COUNTY TEXAS U•ne• CAROL SUE REED/BILLY Volvme Pone $W'vf ed Grown Col! Dotp A IVIL -N SURVEYING Co., INC. •23,838 (806) 763-3385 • 1718 AVENUE "N" ' LUBBOCK, TEXAS 79401 f-- -- r- r--- r- r- r-- F---- �- - -- North 45016104" West, 137.71 feet; North 08019143" West, 109.80 feet; North 47038129." West, 110.98 feet; North 31026132" West, 102.26 feet; North 04024155" East, 145.37 feet; North 29002129" East, 56.61 feet; North 87029125" West, 85.96 feet; North 39020147" East, 113.03 feet; North 74012150" East, 143.32 feet; North 19045157" East, 113.13 feet; North 09004121" West, 119.43 feet; North 74014103" West, 99.62 feet; North 35024148" West, 105.03 feet; North 02037127" West, 41.28 feet; North 80032115" East, 96.21 feet; North 41031108" East, 106.79 feet; North 82053120" West, 53.94 feet; North 03017123" East, 101.80 pass the North line of said Section 12 and the South line of said Section 11; South 81012127" West, 102.84 feet; North 45026145" West, 125.60 feet; North 57045125" East, 312.21 feet; North 02022142" West, 74.08 feet; South 54008115" West, 43.24 feet; North 52008141" West, 153.12 feet; North 14000142" West, 81.93 feet; North 22021112" East, 77.89 feet; North 71028107" West, 181.99 feet; North 80005123" West, 134.72 feet; South 69051116" West, 68.07 feet; North 06000146" East, 76.45 feet; North 65005101" West, 100.18 feet; North 24003146" West, 30.33 feet; North 56°29110" West, 286.95 feet; North 50022115" West, 102.75 feet; South 58012148" West, 81.81 feet; North 73040131" West, 65.41 feet; North 51025157" West, 43.66.feet; North 72057108" West, 101.47 feet; South 84048117" West, 55.15 feet; South 50029112" West, 72.79 feet; South 88006132" West, 54.21 feet; South 37052136" West, 52.67 feet; North 41048120" West, 73.45 feet; South 86015111" West, 37.72 feet; South 05058150" East. 51.77 feet; South 79008100" West, 44.48 feet; South 45010137" West, 101.64 feet; RW/FREB -2- 23,838 r- r- r- r- r! r - South 01°33'35" West, 68.64 feet; South 46014107" East, 131.68 feet; South 30036154" East, 48.68 feet; South 26020141" West, 65.21 feet; North 85048125" West, 98.90 feet; South 23025117" West, 93.10 feet; South 02035155" East, 153.90 feet; South 65047120" West, 214.98 feet; North 82022117" West, 117.76 feet; North 71041126" West, 149.98 feet; South 60036134" West, 74.70 feet; North 83034117" West, 64.81 feet; North 57047114" West, 45.44 feet; South 68007152" West, 140.38 feet; North 77058134" West, 32.88 feet; North 60049121" West, 153.03 feet; South 55001147" West, 56.76 feet; South 66015134" East, 183.17 feet to a set 1/2" iron rod; South 07025143" East, 62.93 feet; South 52055139" East, 180.80 feet; South 00034126" East, 39.03 feet to a 1/2" iron rod, set at the intersection with the South line of said Section 11 and the North line of said Section 12, for a corner of this easement; THENCE North 88022110" West, leaving said contour elevation 2245, along the South line of said Section 11 and the North line of said Section 12, 1042.82 feet to the Southwest corner of said Section 11, for a corner of this easement, said corner being the common corner of Sections 11, 12, 19 and 20; THENCE North 01036'32" East, along the West line of said Section 11 and along the East line of Section 20, 27.81 feet to a 1/2" iron rod, set at the intersection with said contour elevation 2245, MSL, NGVD 1929, for a corner of this easement; THENCE along said contour elevation 2245, MSL, NGVD 1929, the following meandered courses and distances: North 37014126" East, 75.38 feet; North 08004139" West, 36.26 feet; North 40023145" West, 59.43 feet to the intersection with the West line of said Section 11 and the East line of Section 20, for a corner of this easement; THENCE North 01036132" East, leaving said contour elevation 2245, MSL, NGVD 1929, along the West line of said Section 11 and the East line of Section 20, 172.41 feet to the intersection with contour elevation 2245, MSL, NGVD 1929, for a corner of this easement; RE/FREB -3- 23,838 THENCE along said contour elevation 2245, MSL, NGVD 1929, the following meandered courses and distances: North 70056146" East, 53.83 feet; North 37046113" West, 54.49 feet; North 68°07'24" West, 16.84 feet to the intersection with the West line of said Section 11 and the East line of Section 20 for a corner of this easement; THENCE North 01036'32" East, leaving said contour elevation 2245, MSL, NGVD 1929, along the West line of said Section 11 and the East line of Section 20, 39.33 feet to the intersection with contour elevation 2220, MSL, NGVD 1929, for a corner of this easement; THENCE along said contour elevation 2220, MSL, NGVD 1929, the following meandered courses and distances: North 71000112" East, 26.31 feet; South 87047149" East, 176.97 feet; South 75053124" East, 49.49 feet; South 12031149" East, 87.71 feet; South 49007157" West, 59.00 feet; South 24°24125" West, 77.45 feet; North 56058157" East, 69.04 feet; South 44048'10" East, 83.76 feet; North 13025103" West, 41.95 feet; North 32036111" West, 59.84 feet; North 34°04139" East, 165.78 feet; North 87047151" East, 173.81 feet; North 50°33131" East, 81.27 feet; North 73039'52" East, 166.54 feet; North 87051114" East, 126.18 feet; South 43059117" East, 42.56 feet; North 01021127" West, 34.48 feet; North 82050109" East, 165.73 feet; South 04018100" East, 51.53 feet; North 29058121" East, 68.24 feet; North 82008131" East, 234.47 feet; South 47007121" East, 73.79 feet; South 20000154" West, 81.60 feet; South 50040:38" East, 88.16 feet; North 10027123" East, 96.29 feet; North 33008154" West, 114.66 feet; North 81029119" East, 101.71 feet; South 22058117" East, 73.11 feet; North 75011123" East, 61.66 feet; North 20034147" West, 62.61 feet; RW/FREB -4- 23,838 F'- i - -- f- F --- r North 64°05159" East, 45.49 feet; South 63°22'09" East, 77.21 feet; North 41°56'03" West, 66.90 feet; North 41044154" East, 68.35 feet; North 16°30101" East, 67.84 feet; North 31029103" East, 105.07 feet; North 22036140" East, 159.35 feet; North 13014108" East, 119.52 feet; North 51017114" East, 177.02 feet; North 83007109" East, 61.07 feet; North 42048101" East, 58.34 feet; North 69°04124" East, 156.85 feet; South 27025104" East, 46.46 feet,- South eet;South 08012101" West, 103.69 feet; South 06046101" East, 35.70 feet; North 17035121" East, 52.45 feet; South 54024124" East, 76.40 feet; North 13015100" West, 193.76 feet; North 81056129" East, 68.31 feet; South 88054101" East, 177.68 feet; North 89008106" East, 249.60 feet; South 57000102" East, 315.69 feet; South 24015116" West, 27.60 feet; South 70028147" East, 54.34 feet; South 27°41125" East, 78.15 feet; South 42028133" West, 104.44 feet; North 88026145" East, 154.85 feet; South 35034123" East, 91.74 feet; South 48027131" East, 164.05 feet,- South eet;South 67025126" West, 152.22 feet; South 42026147" West, 89.80 feet; North 78039140" East, 259.02 feet; South 35022124" East, 80.08 feet; South 54002159" West, 106.64 feet; South 77012104" West, 67.54 feet; South 42055144" West, 53.47 feet; North 76051153" East, 81.41 feet; South 08045157" West, 88.72 feet; North 48053104" East, 42.75 feet; North 11021103" East, 74.42 feet; North 81041103" East, 71.23 feet; South 78000157" East, 50.29 feet; South 59017137" East, 70.62 feet; South 34039157" West, 87.01 feet; North 821104104" East, 85.42 feet; South 27031122" West, 76.54 feet; North 67003107" East, 63.36 feet; South 03040156" West, 95.51 feet; RW/FREB -5- 23,838 South 76°22107" East, 80.03 feet; South 18018145" East, 229.44 feet; South 86°16149" West, 48.25 feet; South 60°11106" West, 150.55 feet; South 73048114" West, 170.25 feet; South 42012109" East, 41.36 feet; South 81003'00" East, 172.29 feet; North 46024103" East, 95.13 feet; South 69°54159" East, 60.74 feet; North 44000139" East, 56.82 feet; South 09042126" East, 224.10 feet pass the South line of said Section 11 and the North line of said Section 12; South 02042141" East, 151.78 feet; South 11039141" West, 191.62 feet; North 26°49107" West, 100.27 feet; South 37004144" West, 69.37 feet; South 11°41'24" West, 78.88 feet; South 73032141" West, 58.82 feet; North 51036129" West, 160.62 feet; North 65°47126" West, 77.24 feet; North 18004156" West, 89.64 feet; North 89015133" West, 82.06 feet; South 36038104" East, 137.06 feet; South 59030148" East, 148.13 feet; South 17055125" West, 70.64 feet; North 75032150" West, 52.41 feet; South 46°41110" East, 99.64 feet; South 09048128" West, 73.78 feet; South 83031145" East, 41.54 feet; South 30007104" West, 208.11 feet; North 70056128" West, 78.10 feet; North 49019132" West, 142.81 feet; South 23003135" East, 66.62 feet; South 28°34140" East, 116.20 feet; North 81042146" East, 100.23 feet; South 03044105" West, 50.97 feet; North 83059142" West, 40.32 feet; South 27033101" East, 105.34 feet; South 86018151" West, 67.25 feet; South 36046120" West, 40.54 feet; South 19016110" East, 53.46 feet; South 73036120" West, 95.00 feet; South 38006100" East, 21.32 feet; South 88040141" East, 122.67 feet; South 21054136" West, 44.16 feet; South 22045101" East, 76.70 feet; South 62035100" East, 75.61 feet; South 49046122" East, 159.15 feet; RW/FREB -6- 23,838 South 62014'05" East, 103.50 feet; South 37108'43" East, 101.43 feet; South 66046'18" East, 402.19 feet; South 79°28'26" East, 222.71 feet; South 82001143" East, 211.15 feet; North 76°45119" East, 196.06 feet; South 87012124" East, 107.99 feet; South 59004'53" East, 59.16 feet; North 80°45158" East, 46.71 feet; South 77047159" East, 146.88 feet; South 08°45151" East, 110.98 feet; North 52°02119" East, 78.05 feet to the intersection with the East line of said Section 12, for a corner of this easement; THENCE South 01037135" West, leaving said contour elevation 2220, MSL, NGVD 1929, along the East line of said Section 12 and the West line of Section 4, 62.87feet to the point of beginning. CONTAINING 55.87 acres. NOTE: BEARINGS ARE BASED ON LAMBERT GRID TEXAS NORTH CENTRAL ZONE 8 = -1°58'40" DISTANCES ARE ACTUAL SURFACE DISTANCES. NOTE: ALL ELEVATIONS OBTAINED BY PHOTOGRAMMETRIC METHODS AS FURNISHED BY WILLIAMS•& STACKHOUSE, INC. CERTIFIED CORRECT:GARY D. D. WILSON REGISTERED PUBLIC SURVEYOR RW/FREB -7- 23,838 FIELD NOTES FLOOD AND RESTRICTIVE EASEMENT "C" FIELD NOTES on a 67.92 acre easement out of Section 12, Block 6, H. & G.N. R.R. Co. Survey, Garza County, Texas and being more particularly described as follows: BEGINNING at the intersection of the East line of said Section 12, with contour elevation 2220, Mean Sea Level, National Geodetic Vertical Datum of 1929, (MSL, NGVD 1929) for the beginning point of this easement, whence the Southeast corner of said Section 12, bears South 01037135" West, 257.05 feet said corner being the common corner of Sections 3, 4, 12 and 13; THENCE North 01037135" East, leaving said contour elevation 2220, MSL, NGVD 1929, along the East line of said Section 12 and the West line of Section 4, 329.04 feet to the intersection with contour elevation 2220, MSL, NGVD 1929; THENCE along said contour elevation 2220, MSL, NGVD 1929, the following meandered courses and distances: South 53°24111" West, 122.16 feet; South 46°14'30" West, 144.50 feet; North 69040125" East, 62.68 feet; South 44029135" West, 100.69 feet; South 06040127" East, 60.19 feet; South 20056108" West, 43.44 feet; South 34°15141" West, 62.10 feet; North 26°00118" West, 75.35 feet; North 11005102" East, 70.62 feet; South 70048120" West, 22.16 feet; North 04036119" West, 54.44 feet; North 32033137" East, 73.63 feet; D�- 'rF�•��......:*.ILSnNCERTIFIED CORRECT: �� Gary D. iPiison ��-lamRegistered Public Surveyor � PAGE 1 OF 7 ��`�� CITY OF LUBBOCK LAKE ALAN HENRY FLOOD AND RESTRICTIVE EASEMENT "C" A 67.92 ACRE EASEMENT OUT OF SECTION 12, BLOCK 6, H. & G.N. R.R. CO. SURVEY, GARZA COUNTY. TEXAS -v"e co crown tole Ooto-DECEMBER 1987 WIL N SURVEYING Co., INC. -23,838 (806) 763-3385 0 1718 AVENUE "N" • LU880CK, TEXAS 79401 North 46°10'52" East, 86.85 feet; ' North 70°46'11" West, 131.49 feet; North 87014123" West, 157.80 feet; South 03024'00" East, 95.34 feet; South 34000145" West, 71.24 feet; North 17018159" West, 96.05 feet; North 28030150" West, 86.28 feet; North 83009112" West, 91.03 feet; South 65004113" West, 76.75 feet; North 76039158" West, 101.64 feet; North 75025157" West, 78.46 feet; South 43047112" West, 187.61 feet; South 07055155" West, 67.21 feet; South 83056125" West, 64.63 feet; North 66002148" West, 61.40 feet; South 61043108" West, 90.09 feet; South 09028132" East, 94.16 feet; South 61038116" West, 84.58 feet; North 46012106" West, 70.74 feet; North 28008119" West, 74.69 feet; South 62044111" West, 83.68 feet; North 47007106" West, 32.69 feet; North 00038116" West, 95.22 feet; South 83057138" West, 88.65 feet; North 68015105" West, 38.14 feet; North 74020102" East, 91.25 feet; North 68011153" West, 70.28 feet; North 83000125" East, 145.14 feet; North 72009122" East, 144.88 feet; North 11057109" West, 42.21 feet; North 52037151" West, 87.27 feet; North 10012125" West, 121.26 feet; North 10028158" East, 157.87 feet; North 60041118" West, 84.90 feet; North 44059133" West, 128.37 feet; North 00025129" East, 37.51 feet; North 50035139" West, 115.91 feet; North 06053157" West, 185.7.0 feet; South 80059143" West, 74.59 feet; North 62006156" West, 45.87 feet; North 22027140" West, 76.63 feet; South 33003140" East, 87.76 feet; North 80054132" East, 88.74 feet; South 63043128" East, 30.37 feet; South 18055'15" East, 125.79 feet; South 12022130" West, 56.60 feet; South 53017125" East, 160.46 feet; South 13049116" East, 66.08 feet; RW/FREC -2- 23,838 f r r - North 78°41'03" East, 91.97 feet; South 63042143" East, 60.78 feet; South 26048'09" East, 126.39 feet; North 09026115" East, 158.91 feet; North 37017107" East, 72.93 feet; North 65008157" East, 76.45 feet; North 52058118" West, 35.37 feet; North 71056127" East, 80.07 feet; North 45°24155" East, 215.92 feet; North 72028125" East, 213.97 feet; North 78025111" East, 178.95 feet; North 00000'09" West, 89.27 feet; North 70050117" East, 43.64 feet; North 12009104" East, 86.27 feet; North 02055128" West, 75.86 feet; North 38048127" East, 98.43 feet; North 28050114" West, 45.14 feet; North 13051146" West, 66.92 feet; South 38002155" East, 113.65 feet; North 44025148" East, 186.84 feet; North 05036149" East, 102.68 feet; North 27043100" East, 104.23 feet; North 48040103" West, 43.03 feet; North 22027152" West, 53.06 feet; South 55047109" East, 85.78 feet; South 67029138" East, 78.63 feet; North 44046131" East, 71.41 feet; North 37°37105" West, 57.62 feet; South 72007146" East, 68.21 feet; North 62°18129" East, 105.51 .feet to a point in the East line of said Section 12; THENCE North 01037135"East, leaving said contour elevation 2220,. MSL, NGVD 1929, along the East line of said Section 12 and the West line of Section 4, 35.07 feet to the intersection with contour elevation 2245, MSL, NGVD 1929; THENCE along said contour elevation 2245, MSL, NGVD 1929, the following meandered courses and distances: South 55035131" West, 24.35 feet; North 89016155" West. 61.84 feet; North 52059114" West, 134.88 feet; South 25021142" West, 72.79 feet; South 85026149" West, 131.42 feet; North 38036116" West, 98.45 feet; North 01004104" East, 169.07 feet; South 88053121" West, 43.49 feet; RW/FREC -3- 23,838 1 South 17013'11" West, 51.76 feet; South 38°03'04" East, 52.78 feet; South 09010120" West, 88.29 feet; South 32012148" West, 43.35 feet; South 02027140" West, 68.67 feet; South 82009147" West, 50.39 feet; North 38033130" West, 56.00 feet; South 13058149" West, 58.03 feet; North 18006143" West, 42.02 feet; North 87027103" West, 52.66 feet; South 49045125" West, 42.94 feet; South 19014128" East, 40.27 feet to a set 1/2" iron rod; South 78040157" West, 163.49 feet; North 84038133" West, 120.02 feet; South -74023126" West, 129.45 feet; South 58°14114" West, 88.55 feet; South 84051147" West, 82.73 feet; South 70014125" West, 46.36 feet; South 15005112" East, 76.58 feet; South 43007146" East, 115.36 feet; South 19012126" East, 79.17 feet; South 03022131" West, 94.52 feet; South 23027109" East, 61.42 feet to a set 1/2" iron rod; South 22003105" West, 135.35 feet; South 74031153" West, 128.36 feet; South 11029134" West, 105.05 feet; North 67041112" West, 28.67 feet; North 02033138" West, 81.16 feet; North 67040151" West, 286.55 feet; North 53°17126" West, 132.50 feet; North 75017119" West, 127.94 feet to a set 1/2" iron rod; North 46006116" East, 58.14 feet; North 41029135" East, 172.51 feet; North 06000120" East, 119.53 feet; North 75017100" East, 49.23 feet; North 10009126" West, 43.69 feet; South 75041118" West, 98.47 feet; North 79002145" West, 245.97 feet; South 60002106" West, 47.58 feet; North 22023115" West, 80.95 feet to a set 1/2" iron rod; South 26048115" West, 44.23 feet; South 83029'05" West, 181.49 feet; South 14057149" West, 95.98 feet; South 16031133" East, 145.92 feet; South 15032154" West, 60.85 feet; North 84028109" West, 90.10 feet; South 76006127" West, 72.57 feet; North 82018122" West, 156.33 feet; South 82059159" West, 74.43 feet; RW/FREC -4- 23,838 RW/FREC -5- 23,838 North 63032'00" West, 166.70 feet to a set 1/2" iron rod; South 06023150" East, 30.55 feet; North 70001'00" West, 134.39 feet; North 32006136" West, 169.06 feet; North 49°55139" West, 62.87 feet; South 87047139" West, 42.45 feet to a set 1/2" iron rod; South 44°53113" East, 135.49 feet; South 86005133" West, 93.95 feet; South 03°11118" West, 44.72 feet; South 75045148" East, 113.64 feet; South 02052101" West, 54.28 feet; South 85009104" East, 102.58 feet; South 05057126" East, 45.43 feet; South 69036154" East, 62.59 feet; South 20051108" East, 118.43 feet; South 34002155" West, 44.19 feet; South 46043115" East, 72.22 feet; South 13057108" West, 27.98 feet; South 43002116" East, 43.55 feet; South 40018127" West, 47.70 feet; South 11021128" East, 44.17 feet; South 64009138" East, 91.50 feet to a set 1/2" iron rod; South 45002103" West, 54.67 feet; South 01045112" East, 54.12 feet; North 81009138" West, 75.34 feet; North 31023109" West, 28.77 feet; South 84027129" West, 40.99 feet; South 43052127" West, 53.37 feet; North 70029159" West, 40.67 feet; South 85030146" West, 49.21 feet; South 63010103" West, 38.62 feet; South 40042134" West, 46.41 feet; South 06013138" West, 34.53 feet; North 04052127" West, 75.66 feet; North 36006132" West, 33.27 feet; South 01036109" West, 105.73 feet to a set 1/2" iron rod; South 82055107" East, 29.41 feet; North 55025126" East, 101.03 feet; South 76039124" East, 129.30 feet; South 74003136" East, 93.65 feet; South 84000112" East, 258.24 feet to a set 1/2" iron rod; South 28002150" East, 70.65 feet; South 14055149" West, 115.08 feet; South 32042110" East, 71.71 feet; South 51055108" West, 57.34 feet; South 34046136" East, 57.85 feet; South 17035158" West, 119.09 feet; South 47027127" East, 94.76 feet; South 06045135" East, 89.51 feet to a set 1/2" iron rod; South 73034121" East, 83.58 feet; RW/FREC -5- 23,838 North 55056133" East, 155.47 feet; North 38048159" East, 101.44 feet; North 11043154" East, 117.81 feet; North 38003129" East, 131.44 feet; North 21059159" East, 94.46 feet; North 13022145" West, 97.50 feet; North 34008145" West, 87.92 feet; North 48053128" West, 115.36 feet; North 59012149" East, 22.37 feet; South 66013120" East, 140.26 feet; South 44006152" East, 57.46 feet; South 44058118" East, 42.85 feet; South 04023156" East, 89.83 feet; South 50019'11" West, 57.21 feet; South 12057111" East, 64.79 feet; South 42000135" East, 100.97 feet; South 39011122" West, 130.87 feet; South 46031119" East, 43.24 feet; South 85038157" East, 69.68 feet; South 73046127" East, 92.31 feet; South 21015120" East, 71.12 feet; North 76054148" West, 33.85 feet; South 23031143" West, 56.01 feet; South 85041138" West, 46.89 feet; South 27034155" East, 83.89 feet; North 75019117" West, 99.97 feet; South 10019109" West, 66.31 feet; North 83027148" West, 82.86 feet; South 58042153" West, 44.23 feet; South 28022141" West, 90.11 feet; South 60000106" West, 72.31 feet; South 02052155" West, 75.94 feet to a set 1/2" iron rod; South 68043133" East, 114.39 feet; South 11007134" East, 51.92 feet; South 41003116" East, 57.86 feet; South 42000136" East, 71.64 feet; South 24007143" West, 79.40 feet; North 84033115" East, 102.24 feet; North 23019147" East, 150.62 feet; North 89052104" East, 103.95 feet; South 55012108" East, 58.63 feet; North 70025104" East, 43.69 feet; North 10034135" West, 55.59 feet; North 84039112" East, 23.82 feet; South 14029159" East, 48.46 feet; South 46026149" East, 57.63 feet; South 18055152" East, 77.96 feet; South 23038138" West, 32.07 feet; South 78059122" East, 40.31 feet; RW/FREC -6- 23,838 North 81°04'04" East, 52.74 feet; South 74°42'14" East, 63.74 feet; South 58°53116" East, 18.00 feet to a point in the South line of said Section 12; THENCE South 88022117" East, leaving said contour elevation 2245, MSL, NGVD 1929, along the South line of said Section 12 and the North line of Section 13, 142.39 feet to the intersection with said contour elevation 2245, MSL, NGVD 1929; THENCE along said contour elevation 2245, MSL, NGVD 1929, the following meandered courses and distances: North 22046125" West, 94.87 feet; North 11036143" East, 86.60 feet; North 39041148" East, 43.42 feet; North 18034134" West, 94.13 feet; North 69003155" East, 44.46 feet; South 50008148" East, 58.18 feet; South 01059111" West, 123.98 feet; South 81005151" East, 35.88 feet; South 37003139" East, 188.01 feet to a point in the South line of said Section 12; THENCE South 88022'17" East, leaving said contour elevation 2245, MSL, NGVD 1929, along the South line of said Section 12 and the North line of Section 13, 517.49 feet to the intersection with contour elevation 2220, MSL, NGVD 1929; THENCE along said contour elevation 2220, MSL, NGVD 1929, the following meandered courses and distances: North 53018110" East, 119.74 feet; North 62036121" East, 286.61 feet; North 65030118" East, 99.36 feet to the point of beginning. CONTAINING 67.92 acres. NOTE: BEARINGS ARE BASED ON LAMBERT GRID TEXAS NORTH CENTRAL ZONE e = -1058140" DISTANCES ARE ACTUAL SURFACE DISTANCES. NOTE: ALL ELL+VAT IONS OBTAINED BY P110TOGRAMMETRIC ME-14TOIIS AS FURNISHED BY WILLIAMS S STACKHOUSE, INC. 1 CERTIFIED CORRECT: GARY D. WILSON REGISTEREDED PUBLIC SURVEYOR RW/FREC -7- 23,838 FLOOD AND RESTRICTIVE EASEMENT "D" FIELD NOTES on a 0.14 acre easement out of Section 11, Block 6, H. & G.N. R.R. Co. Survey, Garza County, Texas and being more particularly described as follows: BEGINNING at the intersection of the West line of said Section 11, with contour elevation 2245, Mean Sea Level, National Geodetic Vertical Datum of 1929, (MSL, NGVD 1929) whence the Southwest corner of said Section 11, bears South 0103632" West, 2844.58 feet, said corner being the common corner of Sections 11, 12, 19 and 20; THENCE North 01036132 East, leaving said contour elevation 2245, MSL, NGVD 1929, along the West line of said Section 11 and the East line of Section 20, 102.69 feet to the intersection with said contour elevation 2245, MSL, NGVD 1929; THENCE along said contour elevation 2245, MSL, NGVD 1929, the following meandered courses and distances: South 61057149" East, 22.56 feet; South 13050141" East, 29.22 feet; North 44024110" East, 93.57 feet; South 33002'41" West,61.47 feet; South 05010156" East, 95.09 feet; North 77°24147" West, 72.06 feet to the point of beginning. CONTAINING 0.14 acres. NOTE: BEARINGS ARE BASED ON LAMBERT GRID TEXAS NORTH CENTRAL ZONE 6 = -1058140" DISTANCES ARE ACTUAL SURFACE DISTANCES. NOTE: ALL ELEVATIONS ARE OBTAINED BY PHOTOGRAMMETRIC METHODS AS FURNISHED BY WILLIAMS & STACKHOUSE, INC. CERTIFIED CORRECT: `t ary' D. Wilson Registered Public Surveyor " CITY OF LUBBOCK �!!� • LAKE ALAN HENRY FLOOD AND RESTRICTIVE EASEMENT "D" A 0.14 ACRE EASEMENT OUT OF SECTION 11, BLOCK 6, H. & G.N. R.R. CO. SURVEY, GARZA COUNTY, TEXAS Owner WILLIAPIS Volume page cv,�e edDrown i Scale Dais f WIL N SURVEYING Co., INC. 23,838 1 (806) 763-3389 0 1718 AVENUE "N" • LUBBOCK, TEXAS 79401 EXHIBIT D LEGAL DESCRIPTIONS: RESTRICTIVE EASEMENT"A" 4.25 ACRES RESTRICTIVE EASEMENT "B" 14.07 ACRES RESTRICTIVE EASEMENT "C" 18.43 ACRES RESTRICTIVE EASEMENT "D" 20.82 ACRES RESTRICTIVE EASEMENT "E" 1.48 ACRES RESTRICTIVE EASEMENT "F" 5.12 ACRES RESTRICTIVE EASEMENT "G" 0.17 ACRES RESTRICTIVE EASEMENT "H" 0.09 ACRES RESTRICTIVE EASEMENT "I" 0.04 ACRES RESTRICTIVE EASEMENT "J" 2.71 ACRES RESTRICTIVE EASEMENT"K" 0.67 ACRES RESTRICTIVE EASEMENT "L" 0.20 ACRES RESTRICTIVE EASEMENT "M" 0.82 ACRES RESTRICTIVE EASEMENT "N" 0.64 ACRES RESTRICTIVE EASEMENT "O" 0.94 ACRES RESTRICTIVE EASEMENT "P" 0.78 ACRES RESTRICTIVE EASEMENT "Q" 1.20 ACRES EXHIBIT D FIELD NOTES RESTRICTIVE EASEMENT "A" FIELD NOTES on 4.25 acre easement out of Section 11, Block 6, H. & G.N. R.R. Co. Survey, Garza County, Texas and being more particularly described as follows: BEGINNING at a 1/2" iron rod, set at the intersection of the East line of said Section 11 with contour elevation 2245, Mean Sea Level, National Geodetic Vertical Datum of 1929, (MSL, NGVD 1929) for the beginning point of this easement, whence the Southeast corner of said Section 11, bears South 01°37'35" West, 1205.96 feet, said corner being the common corner of Sections 4, 5, 11 and 12; THENCE along said contour elevation 2245, MSL, NGVD 1929, the following meandered courses and distances: North 64036150" West, 72.99 feet; North 51049138" West, 89.70 feet; South 69015153" West, 80.70 feet; North 00°53141" East, 85.13 feet; North 44015148" West, 55.93 feet; South 88003127" West, 30.30 feet; North 32002143" West, 93.84 feet; North 66°02100" West, 76.30 feet; North 36°21116" West, 56.89 feet; South 52042100" West, 65.80 feet; North 01025127" East, 113.74 feet; North 79033131" West, 43.93 feet; North 22023128" West, 51.85 feet; South 80008145" West, 77.25 feet; North 29043114" East, 75.59 feet; South 86044123" West, 92.12 feet; IN CERTIFIED CORRECT: '�\ r-' J GarV-D. FrUson t North 06°56'06" West, 50.28 feet; r South 76°27'29" West, 90.97 feet to a set 1/2" iron rod; North 38°18'05" East, 123.41 feet; North 06°47142" West, 121.38 feet; North 32039103" West, 97.01 feet; North 10018111" East, 82.94 feet; North 18037132" East, 63.24 feet to a set 1/2" iron rod; South 16057141" East, 52.09 feet; South 11°18'26" East, 77.97 feet; South 29035130" East, 103.04 feet; South 38048134" East, 136.88 feet; South 37000149" East, 114.78 feet; South 40009107" East, 42.80 feet; North 40034124" East, 68.19 feet to a set 1/2" iron rod; South 04018104" West, 114.29 feet; North 47057138" East, 60.01 feet; South 64020115" East, 100.02 feet; South 34052123" East, 109.74 feet; North 65012146" East, 71.63 feet; South 11045140" East, 50.03 feet; South 77000129" East, 158.20 feet; South 68039128" West, 90.68 feet; South 49029138" East, 118.50 feet to a 1/2" iron rod, set at the intersection with the East line of said Section 11, for a corner of this easement; THENCE South 01037135" West, leaving said contour elevation 2245, MSL, NGVD 1929, along the East line of said Section 11 and the West line of Section 5, 218.11 feet to the point of beginning. CONTAINING 4.25 acres. NOTE: BEARINGS ARE BASED ON LAMBERT GRID TEXAS NORTH CENTRAL ZONE e = -1°58140" DISTANCES ARE ACTUAL SURFACE DISTANCES. NOTE: ALL ELEVATIONS OBTAINED BY PHOTOGRAMMETRIC METHODS AS FURNISHED BY-WILLIAMS & STACKHOUSE, INC. CERTIFIED Cv-i�a^v^r�^.T: ��41� ^ -- GARY D. WILSON REGISTERED PUBLIC SURVEYOR RW/REA -2- 23,838 FIELD NOTES RESTRICTIVE EASEMENT "B" FIELD NOTES on a 14.07 acre easement out of Section 11, Block 6, H. & G.N. R.R. Co. Survey, Garza County, Texas and being more particularly described as follows: BEGINNING at a 1/2" iron rod, set in contour elevation 2245, Mean Sea Level, National Geodetic Vertical Datum of 1929, (MSL, NGVD 1929) for the beginning point of this easement, whence the Southeast corner of said Section 11, bears South 88022110" East, 1192.48 feet and South 01°37'35" West, 1431.94 feet, said corner being the common corner of Sections 4, 5, 11 and 12; THENCE North 59038100" West, leaving said contour elevation 2245, MSL, NGVD 1929, 199.02 feet to a point; THENCE North 83002'40" West, 292.00 feet to a point; THENCE North 47054120" West, 333.55 feet to a set 1/2" iron rod; THENCE North 24052'39" West, 146.64 feet to a point; THENCE North 63004130" West, 529.00 feet to a point; THENCE North 84023'33" West, 164.56 feet to a set 1/2" iron rod; THENCE North 73000151" West, 182.14 feet to a point; THENCE North 78051'10" West, 203.00 feet to a point; THENCE North 71048'40" West, 250.00 feet to a point; THENCE North 89054'42" West, 298.62 feet to a 1/2" iron rod, set in contour elevation 2245, MSL, NGVD 1929; e.�E.OF lF . k:...............�:. GARY D. WILS�r� CERTIFIED CORRECT.�� n .:..•....opo ••..•.... Gary D: l�iison A ; ; incl 40 �;io Registered Public Surveyor C SVR PAGE 1 OF 3 0"' CITY OF LUBBOCK LAKE ALAN HENRY RESTRICTIVE EASEMENT "B" A 14.07 ACRE EASEMENT OUT OF SECTION 11, BLOCK 6, H. & G.N. R.R. CO. SURVEY, GARZA COUNTY TEXAS Oftnef CAROL SUE REED/BILLY W. WILL Volume page 5v -,e ed S.B.B.U►own Scale IDote DECEMBER %VIL N SURVEYING Co., INC. 23,838 (806)763-358!t 0 1718 AVENUE "N" ' LUBBOCK. TEXAS 79401 r THENCE along said contour elevation 2245, MSL, NGVD 1929, the following meandered courses and distances: South 76048107" East, 73.45 feet; South 17001150" East, 99.95 feet; South 26027141" East, 108.50 feet; South 72020159" East, 84.07 feet; North 59022147" East, 110.30 feet; South 54028107" East, 62.61 feet; South 19059127" West, 115.52 feet; South 55055113" East, 75.14 feet; North 88029125" East, 99.86 feet; South 51042123" East, 66.33 feet; South 87059108" East, 90.27 feet; South 80047142" East, 190.12 feet; South 65041•119" East, 53.62 feet; North 31056124" East, 161.80 feet; South 43013125" East, 30.09 feet; South 16051141" West, 92.28 feet; South 46049126" East, 43.62 feet; South 27029151" West, 41.61 feet; South 56033151" East, 150.57 feet; South 66023144" East, 113.76 feet; North 47027112" East, 84.14 feet; North 58°08103" West, 26.69 feet; North 59°18116" East, 40.64 feet; South 66008148" East, 106.81 feet; North 70022112" East, 55.95 feet; South 01014119" East, 94.76 feet; South 41040100" West, 29.87 feet; South 71012106" West, 78.07 feet; South 76022142" East, 78.76 feet; South 41030131" East, 86.14 feet; North 35024146" East, 31.15 feet; North 84012105" East, 80.26 feet; South 62059103" East, 25.48 feet; South 46029120" West, 90.89 feet; South 52038147" East, 52.52 feet; South 12°43113" West, 44.80 feet; South 73036114" East, 73.45 feet; South 24005122" West, 50.73 feet; South 48037132" East, 131.42 feet; North 07027105" East, 72.47 feet; North 77052120" East, 68.69 feet; South 46040137" East, 153.64 feet; South 26025156" East, 89.05 feet; North 17004143" East, 160.72 feet; North 60012156" East, 96.95 feet; RW/FREB -2- 23,838 South 53°17'10" East, 100.07 feet; North 67012159" East, 130.50 feet; North 52011'42" East, 70.80 feet to the point of beginning. CONTAINING 14.07 acres. NOTE: BEARINGS ARE BASED ON LAMBERT GRID TEXAS NORTH CENTRAL ZONE 6 = -1°58140" DISTANCES ARE ACTUAL SURFACE DISTANCES. NOTE: ALL ELEVATIONS OBTAINED BY PHOTOGRAMMETRIC METHODS AS FURNISHED BY WILLIAMS & STACKHOUSE,.INC. CERTIFIED CORRECT: �- ^_.,/ _ "^-- GARY D. WILSON REGISTERED PUBLIC SURVEYOR RW/REB -3- 23,838 r-- �- �-- r---- r- r-- r.- r- r__ FIELD NOTES RESTRICTIVE EASEMENT "C" FIELD NOTES on a 18.43 acre easement out of Sections 11 and 12, Block 6, H. & G.N. R.R. Co. Survey, Garza County, Texas and being more particularly described as follows: BEGINNING at a 1/2" iron rod, set in the East line of said Section 12, for the beginning point of this easement, whence the Northeast corner of said Section 12, bears North 01°37'35" East, 770.52 feet, said corner being the common corner of Sections 4, 5, 11 and 12; THENCE North 81015159" West, 671.07 feet to a point; THENCE North 04043145" East, 283.22 feet to a set 1/2" iron rod; THENCE North 11057146" West, 244.33 feet to a point; THENCE North 32055150" East, 443.00 feet pass the North line of Section 12 and the South line of Section 11; THENCE North 03042'54" East, 287.54 feet to a set 1/2" iron rod; THENCE North 04045141." East, 368.49 feet to a point; THENCE North 28016'10" West, 184.00 feet to a point; THENCE North 60006150" West, 382.00 feet to a point; THENCE North 46012'34" West, 211.33 feet to a 1/2" iron rod, set in contour elevation 2245, Mean Sea Level, National Geodetic Vertical Datum of 1929, (MSL, NGVD 1929); OF.,r .....................:... _ -•� ..GARY 0. WILSON�\., � ,(� I 1 � ,Lc t L✓�;�'`'.— C�"RTIFIED CORRECT: � ,c�. 493a ** ' Gary. D. Wilson Registered Public Surveyor L, •. +�t oto ..O <�C•SVaJ� PAGE 1 OF 3 CITY OF LUBBOCK • LAKE ALAN HENRY RESTRICTIVE EASEMENT "C" A 18.43 ACRE EASEMENT OUT OF SECTIONS 11 AND 12, BLOCK 6, H. & G.N. R.R. CO .SURVEY, GARZA COUNTY, TEXAS f IVILS-�N SURVEYING Co., INC. 23,838 1 (806) 763-33915 • 1718 AVENUE "N" • LUBBOCK. TEXAS 79401 THENCE along said contour elevation 2245, MSL, NGVD 1929, the following meandered courses and distances: South 28°01144" West, 197.40 feet; South 24059'05" West, 104.44 feet; South 63011117" East, 135.85 feet; North 77°46'57" East, 97.76 feet; South 56044130" East, 88.38 feet; North 82033138" East, 79.38 feet; South 57033146" East, 25.80 feet; South 20033128" West, 79.18 feet; South 46003103" East, 124.35 feet; South 39026147" East, 81.06 feet; South 08045148" East, 27.36 feet; North 80002145" West, 54.11 feet; South 02029137" West, 194.51 feet; North 88°22110" West, 59.36 feet; North 24038152" West, 60.87 feet; South 88027138" West, 52.45 feet; South 11058135" West, 102.79 feet; South 61035110" East, 64.95 feet; South 06047143" East, 78.84 feet; South 52012104" West, 27.84 feet; South 59022122" East, 65.53 feet; South 30034125" East, 66.96 feet; South 23050101" West, 45.46 feet; South 63045112" West, 143.71 feet; South 01027112" East, 96.04 feet; South 44008124" West, 57.33 feet; South 59050150" West, 50.18 feet; South 11026107" West, 30.50 feet pass the South line of said Section 11 and the North line of said Section 12; South 35035124" West, 63.94 feet; South 11034101" West, 86.28 feet; South 06024154" East, 177.02 feet; South 51019143" West, 84.74 feet; South 12°43122" West, 65.15 feet; South 62013148" East, 50.19 feet; South 50032115" East, 144.37 feet; South 02017110" East, 65.13 feet; South 51013126" West, 42.47 feet; South 27000150" East, 57.50 feet; South 13°36123" West, 149.13 feet; South 83042147" East, 181.79 feet; South 57059145" East, 102.77 feet; North 62053158" East, 73.61 feet; North 88004103" East, 40.36 feet; South 14059140" East, 72.87 feet; rw/rec -2- 23,838 r r South 69042112" East, 140.58 feet; South 73°34'20" East, 183.74 feet; South 84°46'43" East, 105.78 feet; North 72°30152" East, 110.78 feet to a point, in the East line of said Section 12; THENCE North 01037'35" East, leaving said contour elevation 2245, along the East line of said Section 12 and the West line of Section 4, 227.37 feet to the point of beginning. CONTAINING 18.43 acres. NOTE: BEARINGS ARE BASED ON LAMBERT GRID TEXAS NORTH CENTRAL ZONE 8 = -1°58'40" DISTANCES ARE ACTUAL SURFACE DISTANCES. NOTE: ALL ELEVATIONS OBTAINED BY PHOTOGRAMMETRIC METHODS AS FURNISHED BY WILLIAMS & STACKHOUSE, INC. CERTIFIED CORRECT: '`- GARY D. WILSON REGISTERED PUBLIC SURVEYOR RW/REC -3- 23,838 FIELD NOTES RESTRICTIVE EASEMENT "D" FIELD NOTES on a 20.82 acre easement out of Sections 11 and 12, Block 6, H. & G.N. R.R. Co. Survey, Garza County, Texas and being more particularly described as follows: BEGINNING at the intersection of the East line of said Section 12, with contour elevation 2245, Mean Sea Level, National Geodetic Vertical Datum of 1929, (MSL, NGVD 1929) for the beginning point of this easement, whence the Northeast corner of said Section 12, bears North 01037135" East, 1801.79 feet said corner being the common corner of Sections 4, 5, 11 and 12; THENCE along said contour elevation 2245, MSL, NGVD 1929, the following meandered courses and distances: South 71049114" West, 63.22 feet; North 65025135" West, 37.39 feet; North 11°47133" West, 84.95 feet; North 68002151 West, 121.96 feet; South 88°05134" West, 64.75 feet; North 60°28129" West, 72.94 feet; South 75°36106" West, 226.82 feet; North 83°15114" West, 255.30 feet; North 80054119" West, 234.52 feet; North 73022'51" West, 115.57 feet; North 58006159" West, 178.44 feet; North 71029104"West, 130.29 feet; North 35051125" West, 101.86 feet; North 63022129" West, 75.35 feet; North 52°18157" West, 159.79 feet; North 79015123" West, 52.61 feet; North 70023155" West, 127.16 feet; North 05048117" East, 34.58 feet; ..V. GARY D. WIISf)N CERTIFIED CORRECT: • 423 Gary D. witson G••��f R� Q Rry;.�iC161� f' iiv..•. 1' ✓.... v..yv. C"SUR`I PAGE 1 OF 3 CITY OF LUBBOCK • LAKE ALAN HENRY RESTRICTIVE EASEMENT "D" A 20.82 ACRE EASEMENT OUT OF SECTIONS 11 AND 12, BLOCK 6, H. & G.N. R.R. CO. SURVEY, GARZA COUNTY. TEXAS t IVIL -N SURVEYING Co., INC* 23,838 1 (806) 76.5-338a 0 1718 AVENUE "N" • LUBBOCK. TEXAS 79401 i North 45016104" West, 137.71 feet; North 08°19'43" West, 109.80 feet; North 47°38129" West, 110.98 feet; North 31026'32" West, 102.26 feet; North 04°24'55" East, 145.37 feet; North 29002'29" East, 56.61 feet; North 87029125" West, 85.96 feet; North 39020147" East, 113.03 feet; North 74012150" East, 143.32 feet; North 19045157" East, 113.13 feet; North 09004121" West, 119.43 feet; North 74014103" West, 99.62 feet; North 35024148" West, 105.03 feet; North 02037127" West, 41.28 feet; North 80032115" East, 96.21 feet; North 41031108" East, 106.79 feet; North 82053120" West, 53.94 feet; North 03017123" East, 101.80 feet pass the North line of said Section 12 and the South line of said Section 11; South 81012'27" West, 102.84 feet; THENCE South 30007'22" West, leaving said contour elevation 2245, MSL, NGVD 1929, pass the South line of said Section 11 and the North line of said Section 12, 198.36 feet to a point; THENCE South 14055'35" West, 413.49 feet to a set 1/2" iron rod; THENCE South 11009148" East, 359.36 feet to a point; THENCE South 03009120" West, 256.00 feet to a point; THENCE South 21018140" East, 149.00 feet to a point; THENCE South 50004146" East, 227.94 feet to a set 1/2" iron rod; THENCE South 48038'43" East, 478.11 feet to a point; THENCE South 68026108" East, 436.91 feet to a set 1/2" iron rod; THENCE South 69003136" East, 224.10 feet to a point; THRNCE South 82037120" Fast, 584.00 feet to a point; THENCE South 72047'32" East, 453.08 feet to a 1/2" iron rod, set in the East line of said Section 12; RW/RED -2- 23,838 THENCE North 01037'35" East, along the East line of said Section 12 and the West line of Section 4, 332.69 feet to the point of beginning. CONTAINING 20.82 acres. NOTE: BEARINGS ARE BASED ON LAMBERT GRID TEXAS NORTH CENTRAL ZONE 6 = -1058'40" DISTANCES ARE ACTUAL SURFACE DISTANCES. NOTE: ALL ELEVATIONS OBTAINED BY PHOTOGRAMMETRIC METHODS AS FURNISHED BY WILLIAMS & STACKHOUSE, INC. CERTIFIED CORRECT: GARY D. WILSON REGISTERED PUBLIC SURVEYOR RW/RED -3- 23,838 F-7 - r--- r— --4: l-- - FIELD NOTES RESTRICTIVE EASEMENT "E" FIELD NOTES on a 1.48 acre easement out of Section 11, Block 6, H. & G.N. R.R. Co. Survey, Garza County, Texas and being more particularly described as follows: BEGINNING at a point in contour elevation 2245, Mean Sea Level, National Geodetic Vertical Datum of 1929, (MSL, NGVD 1929) for the beginning point of this easement, whence the Southeast corner of said Section 11, bears South 88°22110" East, 2219.30 feet and South 01°37135" West, 121.37 feet said corner being the common corner of Sections 4, 5, 11 and 12; THENCE along said contour elevation 2245, MSL, NGVD 1929, the following meandered courses and distances: North 57045125" East, 312.21 feet; North 02°22142" West, 74.08 feet; South 54008115" West, 43.24 feet; North 52008141" West, 153.12 feet; North 14000142" West, 81.93 feet; North 22°21112" East, 77.89 feet; North 71°28107" West, 181.99 feet; North 80005'23" West, 134.72 feet; THENCE South 41036134" East, leaving said contour elevation 2245, MSL, NGVD 1929, 214.76 feet to a point; THENCE South 50056'51" East, 211.11 feet to a set 1/2" iron rod; THENCE South 25004128" West, 274.02 feet to the point of beginning. CONTAINING 1.48 acres. NOTE: BEARINGS ARE BASED ON LAMBERT GRID TEXAS NORTH CENTRAL ZONE A = -1°58140" nTOMAMtnVC avr nr"mttnT. CTIVrn r nTCTAWr rq_ Cz CITY OF LUBBOCK VK LAKE ALAN HENRY RESTRICTIVE EASEMENT "E" A 1.48 ACRE EASEMENT OUT OF SECTION 11, BLOCK 6, H. & G.N. R.R. CO. SURVEY, GARZA COUNTY. TEXAS f WILS-�-N SURVEYING Co., INC. • 23,838 1 !8061 763-3381% 0 1718 AVENUE "N" • LUBBOCK. TEXAS 79401 FIELD NOTES RESTRICTIVE EASEMENT "F" FIELD NOTES on a 5.12 acre easement out of Section 11, Block 6, H. & G.N. R.R. Co Survey, Garza County, Texas and being more particularly described as follows: BEGINNING at a point in contour elevation 2245, Mean Sea Level, National Geodetic Vertical Datum of 1929, (MSL, NGVD 1929) for the beginning point of this easement, whence the Southwest corner of said Section 11, bears North 88022110" West, 1160.53 feet and South 01036132" West, 260.17 feet, said corner being the common corner of Sections 11, 12, 19 and 20; THENCE South 63013155" East, leaving said contour elevation 2245, MSL, NGVD 1929, 247.24 feet to a point; THENCE North 85014150" East, 182.00 feet to a point; THENCE North 56004125" East, 565.88 feet to a set 1/2" iron rod; THENCE North 09051144" West, 226.55 feet to a point; THENCE North 26028130" East, 222.00 feet to a point; THENCE North 86033108" East, 165.45 feet to a set 1/2" iron rod; THENCE South 83055125" East, 201.15 feet to a point, in said contour elevation.2245, MSL, NGVD 1929; THENCE along said contour elevation 2245, MSL, NGVD 1929, the following meandered courses and distances: North 50022115" West, 102.75 feet; South 58012148" West, 81.81 feet; ner CERTIFIED CORRECT: Gary D. Wilson Registered Public Surveyor PAGE 1 OF 2 CITY OF LUBBOCK • Nix • LAKE ALAN HENRY RESTRICTIVE EASEMENT "F" A 5.12 ACRE EASEMENT OUT OF SECTION 11, BLOCK 6, H. & G.N. R.R. CO. SURVEY, GARZA COUNTY, TEXAS ♦yrve CC Ufawn Case I tlu'- fifiWIL N SURVEYING Co., INC. 23,838 (806) 763-3398 0 1718 AVENUE "N" 0 LUBBOCK. TEXAS 79401 t North 73040131" West, 65.41 feet; ' North 51°25'57" West, 43.66 feet; North 72°57'08" West, 101.47 feet; South 84048117" West, 55.15 feet; South 50029112" West, 72.79 feet; South 88006132" West, 54.21 feet; South 37052136" West, 52.67 feet; North 41048120" West, 73.45 feet; South 86015111" West, 37.72 feet; South 05058150" East, 51,.77 feet; South 79008100" West, 44.48 feet; South 45010137" West, 101.64 feet; South 01033135" West, 68.64 feet; South 46°14107" East, 131.68 feet; South 30036154" East, 48.68 feet; South 26020141" West, 65.21 feet; North 85048125" West, 98.90 feet; South 23025117" West, 93.10 feet; South 02035155" East, 153.90 feet; South 65047120" West, 214.98 feet; North 82022117" West, 117.76 feet; North 71041126" West, 149.98 feet; South 60°36134" West, 74.70 feet to the point of beginning. CONTAINING 5.12 acres. NOTE: BEARINGS ARE BASED ON LAMBERT GRID TEXAS NORTH CENTRAL ZONE 6 = -1°58140" DISTANCES ARE ACTUAL SURFACE DISTANCES. NOTE: ALL ELEVATIONS OBTAINED BY PHOTOGRAMMETRIC METHODS AS FURNISHED BY WILLIAMS & STACKHOUSE, INC. CERTIFIED CORRECT: f ^ , �:1—�------ c= =-y-- GARY D. IWILSON REGISTERED PUBLIC SURVEYOR RW/REF -2- 23,838 i t FIELD NOTES RESTRICTIVE EASEMENT "G" FIELD NOTES on a 0.17 acre easement out of Section 11, Block 6, H. & G.N. R.R. Co. Survey, Garza County, Texas and being more particularly described as follows: BEGINNING at a 1/2" iron rod, set in contour elevation 2245, Mean Sea Level, National Geodetic Vertical Datum of 1929, (MSL, NGVD 1929) for the beginning point of this easement, whence the Southwest corner of said Section 11, bears North 88°22'10" West, 884.19 feet and South 01036132" West, 206.66 feet said corner being the common corner of Sections 11, 12, 19 and 20; THENCE North 60054116" East, leaving said contour elevation 2245, MSL, NGVD 1929, 51.05 feet to a point, in said contour elevation 2245, MSL, NGVD 1929; THENCE along said contour elevation 2245, MSL, NGVD 1929, the following meandered courses and distances: North 77°58134" West, 32.88 feet; North 60°49121" West, 153.03 feet; South 55001147" West, 56.76 feet; South 66015134" East, 183.17 feet to the point of beginning. CONTAINING 0.17 acres. NOTE: BEARINGS ARE BASED ON LAMBERT GRID TEXAS NORTH CENTRAL ZONE e = -1°58'40" DISTANCES ARE ACTUAL SURFACE DISTANCES. NOTE: ELEVATIONS OBTAINED BY PHOTOGRAMMETRIC METHODS AS FURNISHED WILLIAMS & STACKHOUSE, INC. OF r4 GARY 0. WILSON CERTIFIED CORRECT: 'I'll -,C .......... :... •4•. 4739 Gary -D. Wilson �a Gm's<<�src��°•'�lo Registered Public Surveyor < j C • S�R;�k. Low"*, CITY OF LUBBOCK LAKE ALAN HENRY RESTRICTIVE EASEMENT "G" A 0.17 ACRE EASEMENT OUT OF SECTION 11, BLOCK 6, H. & G.N. R.R. CO. SURVEY, GARZA COUNTY, TEXAS 0-ne•° Velure Pace w•e 'CdI Drown tole I polp DECEMBER 1987 WIL N SURVEYING Co., INC*' 23,838 (806) 763-3389 • 1718 AVENUE "N" • LUBBOCK. TEXAS 79401 FIELD NOTES RESTRICTIVE EASEMENT "H" FIELD NOTES on a 0.09 acre easement out of Section 11, Block 6, H. & G.N. R.R. Co. Survey, Garza County, Texas and being more particularly described as follows: BEGINNING at a 1/2" iron rod, set at the intersection of the West line of said Section 11 with contour elevation 2245, Mean Sea Level, National Geodetic Vertical Datum of 1929, (MSL, NGVD 1929), for the beginning point of this easement, whence the Southwest corner of said Section 11, bears South 01036132" West, 27.81 feet, said corner being the common corner of Sections 11, 12, 19 and 20; THENCE along said contour elevation 2245, MSL, NGVD 1929, the following meandered courses and distances: North 37014126" East, 75.38 feet; North 08004139" West, 36.26 feet; North 40023'45" West, 59.43 feet to a point in the West line of said Section 11; THENCE South 01036'32" West, leaving said contour elevation 2245, MSL, NGVD 1929, along the West line of said Section 11 and the East line of Section 20, 141.18 feet to the point of beginning. CONTAINING 0.09 acres. NOTE: BEARINGS ARE BASED ON LAMBERT GRID TEXAS NORTH CENTRAL ZONE 8 = -1°58140" DISTANCES ARE ACTUAL SURFACE DISTANCES. NOTE: ALL ELEVATIONS OBTAINED BY BY PHOTOGRAMMETRIC METHODS AS FURNISHED BY WILLIAMS & STACKHOUSE, INC. CERTIFIED CORRECT. n— Gar .D. Wilson Registered Public Surveyor R CITY OF LUBBOCK LAKE ALAN HENRY RESTRICTIVE EASEMENT "H" A 0.09 ACRE EASEMENT OUT OF SECTION 11, BLOCK 6, H. & G.N. R.R. CO. SURVEY, GARZA COUNTY, TEXAS Owe• AROL SUE REED BILLY W. WILLIAM Volume Pace w.e CdB.Uiown Scale olt.-rm;mg 1987 WIL -N SURVEYING Co., INC. • 23,838 (806) 763-3388 • 1718 AVENUE "N" 0 LUBBOCK. TEXAS 79401 FIELD NOTES RESTRICTIVE EASEMENT "I" FIELD NOTES on a 0.04 acre easement out of Section 11, Block 6, H. & G.N. R.R. Co. Survey, Garza County, Texas and being more particularly described as follows: BEGINNING at the intersection of the West line of said Section 11, with contour elevation 2245, Mean Sea Level, National Geodetic Vertical Datum of 1929, -(MSL, NGVD 1929) for the beginning point of this easement, whence the Southwest corner of said Section 11, bears South 01036'32" West, 341.40 feet, said corner being the common corner of Sections 11, 12, 19 and 20; THENCE along said contour elevation 2245, MSL, NGVD 1929, the following meandered courses and distances: North 70°56146" East, 53.83 feet; North 37°46113" West, 54.49 feet; North 68007124" West, 16.84 feet to a point in the West line of Section 11; THENCE South 01036132" West, leaving said contour elevation 2245, MSL, NGVD 1929, along the West line of said Section 11 and the East line of Section 20, 66.94 feet to the point of beginning. CONTAINING 0.04 acres. NOTE: BEARINGS ARE BASED ON LAMBERT GRID TEXAS NORTH CENTRAL ZONE 8 = -1°58'40" DISTANCES ARE ACTUAL SURFACE DISTANCES. NOTE: ALL ELEVATIONS OBTAINED BY PHOTOGRAMMETRIC METHODS AS FURNISHED BY WILLIAMS & STACKHOUSE, INC. CERTIFIED CORRECT: 4r'%' , LL - Gari D. irilson Registered Public Surveyor 910""JOE CITY OF LUBBOCK LAKE ALAN HENRY RESTRICTIVE EASEMENT "I" A 0.04 ACRE EASEMENT OUT OF SECTION 11, BLOCK 6, H. & G.N. R.R. CO. SURVEY, GARZA COUNTY TEXAS U.ne. CAROL SUE REED BILLY W WILLIAMSVolume Po - -e �v•e cdB. I Drawn colt I Qate. DECEMBER 1987 } IVIL -N SURVEYING Co., INC** 23,838 1 (806) 763-3385 0 1718 AVENUE "N" • LUBBOCK. TEXAS 79401 FIELD NOTES RESTRICTIVE EASEMENT "J" FIELD NOTES on a 2.71 acre easement out of Section 12, Block 6, H. & G.N. R.R. Co. Survey, Garza County, Texas and being more particularly described as follows: BEGINNING at the intersection of the East line of said Section 12 with contour.elevation 2245, Mean Sea Level, National Geodetic Vertical Datum of 1929, (MSL, NGVD 1929) for the beginning point of this easement, whence the Southeast corner of said Section 12, bears South 01037'35" West, 2291.35 feet, said corner being the common corner of Sections 3, 4, 12 and 13; THENCE along said contour elevation 2245, MSL, NGVD 1929, the following meandered courses and distances: South 55°35131" West, 24.35 feet; North 89016155" West, 61.84 feet; North 52059114" West, 134.88 feet; South 25021142" West, 72.79 feet; South 85026149" West, 131.42 feet; North 38036116" West, 98.45 feet; North 01°04104" East, 169.07 feet; THENCE North 74044150" East, leaving said contour elevation 2245, MSL, NGVD 1929, 435.43 feet to a 1/2" iron rod, set in the East line of said Section 12; THENCE South 01037135" West, along the East line of said Section 12 and the West line of Section 4, 352.68 feet to the point of beginning. CONTAINING 2.71 acres. NOTE: BEARINGS ARE BASED ON LAMBERT GRID TEXAS NORTH CENTRAL ZONE 6 = -1°58'40 DISTANCES ARE ACTUAL SURFACE DISTANCES. NOTE: ALL ELEVATIONS OBTAINED BY PHOTOGRAMMETRIC METHODS AS FURNISHED BY WILLIAMS & STACKHOUSE, INC. GARY D. wILSf)N CERTIFIED CORRECT: \ 7 T--) 1 ...:................. :... �Ga D. 1Pilson d• 4239 , 4 �„_ C...._._.. sUa`��' *rvt CITY OF LUBBOCK (-ILAKE ALAN HENRY RESTRICTIVE EASEMENT "J" A 2.71 ACRE EASEMENT OUT OF SECTION 12, BLOCK 6, H. & G.N. R.R. CO. SURVEY, GARZA COUNTY, ..ne• CAROL V01vf26 Page vtve ed I Drawn V T 0 1 Scale I Dote DECEMBER 1987 + WIL N SURVEYING Co., INC. 23.838 1 (606) 763-3385 • 1718 AVENUE "N" 0 LUBBOCK. TEXAS 79401 c r i— t — �_ � — FIELD NOTES RESTRICTIVE EASEMENT "K" FIELD NOTES on a 0.67 acre easement out of Section 12, Block 6, H. & G.N. R.R. Co. Survey, Garza County, Texas and being more particularly described as follows: BEGINNING at a point in contour elevation 2245, Mean Sea Level, National Geodetic Vertical Datum of 1929, (MSL, NGVD 1929) for the beginning point of this easement, whence the Southeast corner of said Section 12, bears South 88022117" East, 460.11 feet and South 01°3735" West, 2515.50 feet, said corner being the common corner of Sections 3, 4, 12 and 13; THENCE along said contour elevation 2245, MSL, NGVD 1929, the following meandered courses and distances: South 17013111" West, 51.76 feet; South 38°03'04" East, 52.78 feet; South 09010120" West, 88.29 feet; South 32012148" West, 43.35 feet; South 02027140" West, 68.67 feet; South 82009'47" West, 50.39 feet; North 38°33130" West, 56.00 feet; South 13°58149" West, 58.03 feet; North 18006143" West, 42.02 feet; North 87027103" West, 52.66 feet; THENCE North 27013145" East, leaving said contour elevation 2245, MSL, NGVD 1929, 141.49 feet to a point; THENCE North 42019101" East, 182.24 feet to the point of beginning. CONTAINING 0.67 acres. NOTE: BEARINGS ARE BASED ON LAMBERT GRID TEXAS NORTH CENTRAL ZONE 6 = -1058140" DISTANCES ARE ACTUAL SURFACE DISTANCES. NOTE: ALL ELEVATIONS OBTAINED BY PHOTOGRAMMETRIC METHODS ZE OF_t�AS FURNISHED BY WILLIAMS & STACKHOUSE, INC. ..............: GARY D... wiLS0N...... CERTIFIED CORRECT: ������ C` 4239 ¢ Carte D. Wilson Registered Fuoiiv Sici-�c�o. Vu* RJ� "'- CITY OF LUBBOCK • ,,, LAKE ALAN HEN1RY RESTRICTIVE EASEMENT "K" A 0.67 ACRE EASEMENT OUT OF SECTION 12, BLOCK 6, H. & G.N. R.R. CO. SURVEY, GARZA COUNTY. TEXAS EVIL N SURVEYING Co., INC. 23,838 (806) 763-3385 0 1718 AVENUE "N" • LUBBOCK. TEXAS 79401 FIELD NOTES RESTRICTIVE EASEMENT "L" FIELD NOTES on a 0.20 acre easement out of Section 12, Block 6, H.&. G.N. R.R. Co. Survey, Garza County, Texas and being more particularly described as follows: BEGINNING at a point in contour elevation 2245, Mean Sea Level, National Geodetic Vertical Datum of 1929, (MSL, NGVD 1929) for the beginning point of this easement, whence the Southeast corner of said Section 12, bears South 88022117" East, 1325.80 feet and South 01037135" West, 1484.49 feet, said corner being the common corner of Sections 3, 4, 12 and 13; THENCE along said contour elevation 2245, MSL, NGVD 1929, the following meandered courses and distances: North 67040151" West, 286.55 feet; North 53017126" West, 132.50 feet; THENCE South 68038117" East, leaving said contour elevation 2245, MSL, NGVD 1929, 193.26 feet to a point; THENCE South 58024158" East, 224.58 feet to the point of beginning. CONTAINING 0.20 acres. NOTE: BEARINGS ARE BASED ON LAMBERT GRID TEXAS NORTH CENTRAL ZONE e = -1°58140 DISTANCES ARE ACTUAL SURFACE DISTANCES. NOTE: ALL ELEVATIONS OBTAINED BY PHOTOGRAMMETRIC METHODS AS FURNISHED BY WILLIAMS & STACKHOUSE, INC. OF :q�+ aAR(�O.0WIUSO fiN"��'�Q CERTIFIED CORRECT: GarV)D. Wilson d• 4239 CITY OF LUBBOCKlot, • LAKE ALAN HENRY RESTRICTIVE EASEMENT "L" A 0.20 ACRE EASEMENT OUT OF SECTION 12, BLOCK 6, H. & G.N. R.R. CO. SURVEY, GARZA COUNTY, TEXAS 0-ne• CAROL- SUE REED W. WILLTAMS Volume Po e v►ve ed Drown N.L.O.Cole ole 1�EC'RMiiF�C 1987 A WIL N SURVEYING Co., INC. 23,838 (806) 763-3388 ' 1718 AVENUE "N" 0 LUBBOCK, TEXAS 79401 FIELD NOTES RESTRICTIVE EASEMENT "M" FIELD NOTES on a 0.82 acre easement out of Section 12, Block 6, H. & G.N. R.R. Co. Survey, Garza County, Texas and being more particularly described as follows: BEGINNING at a point in contour elevation 2245, Mean Sea Level, National Geodetic Vertical Datum of 1929, (MSL, NGVD 1929) for the beginning point of this easement, whence the Southeast corner of said Section 12, bears South 88022117" East, 1912.10 feet and South 01037135" West, -767.21 feet, said corner being the common corner of Sections 3, 4, 12 and 13; THENCE North 20032101" West, leaving said contour elevation 2245, MSL, NGVD 1929, 161.57 feet to the intersection with said contour elevation 2245, MSL, NGVD 1929; THENCE along said contour elevation 2245, MSL, NGVD 1929, the following meandered courses and distances: North 21059159" East, 94.46 feet; North 13022145" West, 97.50 feet; North 34008145" West, 87.92 feet; North 48053128" West, 115.36 feet; North 59012149" East, 22.37 feet; South 66013'20" East, 140.26 feet; South 44006152" East, 57.46 feet; South 44058118" East, 42.85 feet; South 04023156" East, 89.83 feet; South 50019111" West, -57.-21 feet; South 12057111" East, 64.79 feet; South 42000135" East, 100.97 feet; South 39911122" West, 130.87 feet to the point of beginning. CONTAINING 0.82 acres. ..i .• ...............ice • " \. 1 � .�'; GARY 0. WILSON CERTIFIED CORRECT. - .........•...••.. ;... Gary D. Wilson -qo% 42-19. G�•,+�r Begistered Public Surveyor 4/CSUi; � PAGE 1 OF 2 gjj,,'* CITY OF LUBBOC K LAKE ALAN HENRY RESTRICTIVE EASEMENT "M'i A 0.82 ACRE EASEMENT OUT OF SECTION 12, BLOCK 6, H. & G.N. R.R. CO. SURVEY, GARZA COUNTY TEXAS Owne, CAROL SUE REED BILLY W. WILL Volume Pace Swve ed Drown SGOIe Mote. pr=m'grg 19R7 A IVIL -N SURVEYING Co., INC. - 23,838 (806)763-338!t 0 1718 AVENUE "N" 0 LUBBOCK. TEXAS 79401 r--- r-- r-- F- ' - - r r--- r - - - F-- r NOTE: BEARINGS ARE BASED ON LAMBERT GRID TEXAS NORTH CENTRAL ZONE 8 = -1°58'40" DISTANCES ARE ACTUAL SURFACE DISTANCES. NOTE: ALL ELEVATIONS OBTAINED BY PHOTOGRAMMETRIC METHODS AS FURNISHED BY WILLIAMS & STACKHOUSE, INC. CERTIFIED CORRECT: `..` GARY D. WILSON REGISTERED PUBLIC SURVEYOR RW/REM -2- 23,838 r r r FIELD NOTES RESTRICTIVE EASEMENT "N" FIELD NOTES on a 0.64 acre easement out of Section 12, Block 6, H. & G.N. R.R. Co Survey, Garza County, Texas and being more particularly described as follows: BEGINNING at a point in contour elevation 2245, Mean Sea Level, National Geodetic Vertical Datum of 1929, (MSL, NGVD 1929) for the beginning point of this easement, whence the Southeast corner of said Section 12, bears South 88022'17" East, 1943.05 feet and South 01°37'35" West, 487.07 feet, said corner being the common corner of Sections 3, 4, 12 and 13; THENCE North 29047122" East, leaving said contour elevation 2245, MSL, NGVD 1929, 281.27 feet to the intersection with said contour elevation 2245, MSL, NGVD 1929; THENCE along said contour elevation 2245, MSL, NGVD 1929, the following meandered courses and distances: South 73°46'27" East, 92.31 feet South 21015'20" East, 71.12 feet; North 76°54148" West, 33.85 feet; South 23°31143" West, 56.01 feet; South 85041138" West, 46.89 feet; South 27034155" East, 83.89 feet; North 75019117" West, 99.97 feet; South 10019'09" West, 66.31 feet; North 83027148" West, 82.86 feet to the point of beginning. CONTAINING 0.64 acres. NOTE: BEARINGS ARE BASED ON LAMBERT GRID TEXAS NORTH CENTRAL ZONE 6 = -1°58140" DISTANCES ARE ACTUAL SURFACE DISTANCES. NOTE: ALL ELEVATIONS OBTAINED BY PHOTOGRAMMETRIC METHODS AS FURNISHED BY WILLIAMS & STACKHOUSE, INC. �p�1r OF l * ; • ••% GARY D. WILSpN CERTIFIED CORRECT:j^= -•��- All Gary -.P. iFUson Registered Public Surveyor C SUR CITY OF LUBBOCK • LAKE ALAN HENRY RESTRICTIVE EASEMENT "N" A 0.64 ACRE EASEMENT OUT OF SECTION 12, BLOCK 6, H. & G.N. R.R. CO. SURVEY, GARZA TY, TEXAS O..e• UARUL SUE REED BILLY W. WILLIAMSVolume Po e Sv,e ed S.B.B. U►o-n tole I Dote DE MB WIL -N SURVEYING Co., INC* '23,838 (806) 763-33SE► 0 1718 AVENUE "N" • LUBBOCK. TEXAS 79401 FIELD NOTES RESTRICTIVE EASEMENT "O" FIELD NOTES on a 0.94 acre easement out of Section 12, Block 6, H. & G.N. R.R. Co. Survey, Garza County, Texas and being more particularly described as follows: BEGINNING a L LA -le :iii -Lei section of tie South line of. said Section 12, with contour elevation 2245, Mean Sea Level, National Geodetic Vertical Datum of 1929,'(MSL, NGVD 1929) for the beginning point of this easement, whence the Southeast corner of said Section 12, bears South 88022117" East, 1302.82 feet, said corner being the common corner of Sections 3, 4, 12 and 13; THENCE North 88022117" West, leaving said contour elevation 2245, MSL, NGVD 1929, along the South line of said Section 12 and the North line of Section 13, 320.73 feet to a point; THENCE North 49023100" West, 186.09 feet to the intersection with contour elevation 2245, MSL, NGVD, 1929; THENCE along said contour elevation 2245, MSL, NGVD 1929, the following meandered courses and distances: North 23019147" East, 50.98 feet; North 89052104" East, 103.95 feet; South 55012108" East, 58.63 feet; North 70025104" East, 43.69 feet; North 10°34135" West, 55.59 feet; North 84°39112" East, 23.82 feet; South 14029'59" East, 48.46.feet; South 46026149" East, 57.63 feet; South 18055152" East, 77.96 feet; South 23038138" West, 32.07 feet; South 78059122" East, 40.31 feet; North 81004104" East, 52.74 feet; GARY D. WILS .............. CERTIFIED CORRECT. �� Gary D. Filson .,W4239Registered Public Surveyor SUR�� PAGE 1 OF 2 _{Z1, CITY OF LUBBOC;K LAKE ALAN HENRY'' RESTRICTIVE EASEMENT "O" A 0.94 ACRE EASEMENT OUT OF SECTION 12, BLOCK 6, H. & G.N. R.R. CO. SURVEY, GARZA COUNTY. TEXAS V•! CO 5.I UrOwn JcOle I U01P t IVIL -N -SURVEYING Co., INC. 23,838 i (806) 76s-33804 • 1718 AVENUE "N" • LUSSOCK, TEXAS 79401 i i a ' South 74°42114" East, 63.74 feet; South 58053116" East, 18.00 feet to the point of beginning. CONTAINING 0.94 acres. NOTE: BEARINGS ARE BASED ON LAMBERT GRID TEXAS NORTH CENTRAL ZONE 8 = -1°58'40"� DISTANCES ARE ACTUAL SURFACE DISTANCES. NOTE: ALL ELEVATIONS OBTAINED BY PHOTOGRAMMETRIC METHODS AS FURNISHED BY WILLIAMS & STACKHOUSE, INC. CERTIFIED CORRECT: GARY D. WILSON REGISTERED PUBLIC SURVEYOR RW/REO -2- 23,838 ',Jon F- F- r - r— r FIELD NOTES RESTRICTIVE EASEMENT "P" FIELD NOTES on a 0.78 acre easement out of Section 12, Block 6, H. & G.N. R.R. Co. Survey, Garza County, Texas and being more particularly described as follows: BEGINNING at a point in the South line of Section 12, for the beginning point of. this aarPman+- . whcnnh A ++o S— --U- beginning corner of said Section 12, bears South 88022117" East, 1059.99 feet said corner being the common corner of Sections 3, 4, 12 and 13; THENCE North 88022117" West, along the South line of said Section 12 and the North line of Section 13, 100.44 feet to the intersection with contour elevation 2245, Mean Sea Level, National Geodetic Vertical Datum of 1929, (MSL, NGVD 1929); THENCE along said contour elevation 2245, MSL, NGVD 1929, the following meandered courses and distances: North 22°46'25" West, 94.87 feet; North 11036143" East, 86.60 feet; North 39°41148" East, 43.42 feet; North 18°34'34" West, 94.13 feet; North 69003'55" East, 44.46 feet; South 50008148" East, 58.18 feet; South 01°59'11" West, 123.98 feet; South 81005'51" East, 35.88 feet; South 37°03139" East, 117.80 feet; THENCE South 51025150" West; leaving said contour elevation 2245, MSL, NGVD 1929, 84.90 feet to the point of beginning. CONTAINING 0.78 acres. NOTE: BEARINGS ARE BASED ON LAMBERT GRID TEXAS NORTH CENTRAL ZONE e = -1158'40" DISTANCES ARE ACTUAL SURFACE DISTANCES. OF.TF NOTE: ALL ELEVATIONS OBTAINED BY PHOTOGRAMMETRIC METHODS g�•'' .. e AS FURNISHED BY WILLIAMS & STACKHOUSE, INC. * • 1JJ ,- GARY D. WILE CERTIFIED CORRECT: -- '•_ t�__ �,: ' -- •o': 4239 Gary/ D. Wilson GB'•'.�•��*eej°•:�v Registered Public Surveyor SURJ�` TY OF LUBBOCK • ;�� • LAKE ALAN HENRY RESTRICTIVE EASEMENT "P" A 0.78 ACRE EASEMENT OUT OF SECTION 12, BLOCK 6, H. & G.N. R.R. CO. SURVEY, GARZA COUNTY, TEXAS -- -- I--- niuJJJ.&UL0 VVIVme 1.O e �w•e cd S. B.B. ()raw nscale Do►e __ nrrF-mRrP 1 9R7 WILSrN SURVEYING Co., INC. 23,838 (806) 765-3'^Q 0 1718 AVENUE "N" 0 WnnOCY, TEXAS 79401 RESTRICTIVE EASEMENT "Q" FIELD NOTES on a 1.20 acre easement out of Section 11, Block 6, H.& G.N. R.R. Co. Survey, Garza County, Texas and being more particularly described as follows: BEGINNING at 1/2" iron rod, set-in the West line of said Section 11 and the East line of Section 20, whence the Southwest corner of said Section 11, bears South 01°36'32" West, 2443.27 feet, said corner being the common corner of Sections 11, 12, 19 and 20; THENCE North 22000100" East, 217.00 feet to a point; THENCE North 11050100" East, 198.00 feet to a set 1/2" iron rod; THENCE North 01000'00" East, 176.00 feet to a point; THENCE North 22015'47" West, 209.06 feet to a 1/2" iron rod, set in the West line of said Section 11; THENCE South 01036'32" West, along the West line of said Section 11 and the East line of Section 20, 316.29 feet to a point, in contour elevation 2245, Mean Sea Level, National Vertical Datum of 1929, (MSL, NGVD 1929); THENCE along said contour elevation 2245, MSL, NGVD 1929, the following meandered courses and distances: South 61057149" East, 22.56 feet; South 13050141" East, 29.22 feet; North 44024110" East, 93.57 feet; South 3300241" West, 61.47 feet; GARY D. WILSON 1iwc CERTIFIED CORRECT: -t:7 ................ ..Gary ,8. )'Filson �°C:t i39G {O� Registered Public Surveyor CSURJ� PAGE 1 OF 2 (.?CITY of LUBBOCK LAKE ALAN HENRY RESTRICTIVE EASEMENT "Q " A 1.20 ACRE EASEMENT OUT OF SECTION 11, BLOCK 6, H. & G.N. R.R. CO. SURVEY, GARZA COUNTY, TEXAS *net i r A, WIL -N SURVEYING Co., INC. 23,838 (806) 76.5-338a • 1718 AVENUE "N" 0 LUBBOCK, TEXAS 79401 South 05010'56" East, 95.09 feet; North 77024147" West, 72.06 feet to a point, in the West line of said Section 11; THENCE South 01036'32" West, leaving said contour elevation 2245, MSL, NGVD 1929, along the West line of said Section 11 and the East line of Section 20, 401.31 feet to the point of beginning. CONTAINING 1.20 acres. NOTE: BEARINGS ARE BASED ON LAMBERT GRID TEXAS NORTH CENTRAL ZONE 8 = -1°58'40" DISTANCES ARE ACTUAL SURFACE DISTANCES. NOTE: ALL ELEVATIONS OBTAINED BY PHOTOGRAMMETRIC METHODS AS FURNISHED BY WILLIAMS & STACKHOUSE, INC. CERTIFIED CORRECT: -,..,.7 GARY D. tnLSON REGISTERED PUBLIC SURVEYOR RLQ/REQ -2- 23,838