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HomeMy WebLinkAboutResolution - 2273 - Agreement - JD & Julie A Cage - Water Rights Purchase - 03/13/1986DGV:js RFSnI IITTnAI Resolution #2273 March 13, 1986 Agenda Item #21 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Water Rights Purchase Agreement by and between the City of Lubbock and J. D. Cage and wife, Julie Alexander Cage of Bailey County, Texas, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolu- tion as fully copied herein in detail. Passed by the City Council this 13thday of March , 1986. ALAN NRY, MAYOR aTT��T-._ anette'-Bbyd, City Secretary APPROVED AS TO CONTENT: _ C <- 'Sam Wahl, Directo1r of Water Utilities APPROVED AS TO FORM: c. Do'n'ald G. Vandiver, Fir -s -Ass City Attorney CERTIFICATE OF THE CITY SECRETARY THE STATE OF TEXAS § COUNTY OF LUBBOCK § CITY OF LUBBOCK §' I, Ranette Boyd, City Secretary of the City of Lubbock, Texas, DO HEREBY CERTIFY as follows: 1. That on the 13th day of March the City Council of the City of Lubbock, Texas convened in regular session at its regular meeting place in the City Hall of said City; the duly constituted members of the Council being as follows: Alan Henry, Mayor George Carpenter, Mayor Pro Tem T. J. Patterson, Councilmember E. Jack Brown, Councilmember Robert A. Nash, Councilmember Joan Baker, Councilmember Maggie Trejo, Councilmember and all of said persons were present at said meeting. Among other business considered at said meeting, the attached Agreement entitled; Water Rights Purchase Agreement was introduced and submitted to the Council for passage and adop- tion. After presentation and due consideration of the Resolution, a motion was made by Councilman Brown that the Resolution be finally passed and adopted. The motion was seconded by Councilwoman Trejo carried by the following vote: 7 Yeas 0 Nays O Abstaining all as shown in the official Minutes of the Council for the meeting held on the aforesaid date. Certificate of City Secretary 2.That the attached Agreement is a true and correct copy of the original on file in the official records of the City; the duly qualified and acting members of the City Council of said City on the date of the aforesaid meeting are those persons shown above and, according to the records of my office, each member of the City Council was given actual notice of the time, place and purpose of the meeting and had actual notice that the matter would be consi dered; and that said meeting, and deliberation of the aforesaid public business was open to the public and written notice of said meeting, including the subject of the entitled Agreement was posted and given in advance thereof in compliance with the provisions of Article 6252-17, Section 3A, V.A.T.C.S. IN WITNESS THEREOF, I have hereunto signed my name officially and affixed the seal of the City of Lubbock, Texas, this 8th day of April. RANETTE BOYD, CITY SECRETARY CITY OF LUBBOCK, TEXAS (SEAL) 0 Resolution #2273 WATER RIGHTS PURCHASE AGREEMENT STATE OF TEXAS § COUNTY OF BAILEY § KNOW ALL MEN BY THESE PRESENTS: That we, J. D. CAGE AND WIFE, JULIE ALEXANDER CAGE of Bailey County, Texas, hereinafter called Owners, and the City of Lubbock, known herein as City, do hereby enter into the following water rights sales agreement. WITNESSETH WHEREAS, the Owners have contracted to purchase certain property situated in Bailey County, Texas; and WHEREAS, the Owners desire to sell water rights to said property, after Owners acquire same, hereinafter described in Exhibit "A", to the City; and WHEREAS, the City desires to purchase these same water rights from the Owners; NOW THEREFORE in consideration of the premises, the covenants and agree- ments herein contained and other valuable consideration, the City and the Owners do hereby enter into the following Articles of Agreement. ARTICLE I 1. Payment: The City hereby agrees to purchase the water rights appurtenant to the lands described in attached Exhibit "A", and to pay a total sum calculated on the basis''of Three Hundred Dollars ($300'.00) per acre for the water rights and said payment shall be made in full at Closing. Closing of this transaction shall be simultaneous with the Closing of that certain sale and purchase transaction by and between Grantors herein and The Travelers Insurance Company. The definite number of acres shall .be determined by a current survey of the properties. 7 2. Title: The Owners hereby agree to furnish abstract of title showing valid marketable title to the water rights as described in Exhibit "A". The City shall have a period of 60 days in which to have the abstract examined and to notify Owners in writing of any title defects; Owners will promptly take all necessary corrective action and the transaction will be closed as soon as reasonably possible thereafter. The abstracts will be returned. to Owners upon approval of title. 3. Access to Property: The City shall have the right of ingress and egress over and across the 'surface of the lands described in ' attached Exhibit "A" for the purposes of .performing all exploration, construction, and development of facilities for the withdrawal of underground water from the water rights subject of this agreement. 4. Deed: Owners agree to convey by warranty deed, a copy of which is attached hereto as Exhibit 1.11311; .and the provisions of the deed are incorporated- into ncorporated into this agreement. ARTICLE 11 1. "Water Rightsg1 as used in' this agreement means all of the percolating and underground water in and under and that may .be produced from wells from the tracts of land listed and described in attached Exhibit "'A", together with the exclusive right to take said water from such tracts of land, except that the. Owners except and reserve the. right to use only so much of the water in and under the: premises herein ' described in attached Exhibit 'A" as may be reasonably necessary to drill' for oil and gas, and it is further understood that water from these lands may not be used for the enhancement of the production of any .petroleum or gas and other minerals, and furthermore: The Owners except and reserve the right to use so much of the water in and under the -2- r premises herein described in Exhibit "A" as may be required to carry on usual and normal domestic use and ranching operations and undertakings upon said lands, excluding irrigation and commercial livestock feeding. 2. "Surface Rights" as used in thisagreement is understood to mean the use and enjoyment of all of the surface of the said property not specifically involved in the production and transportation of underground water by the City as described in the attached Exhibit 111311. 3. "Mineral Rights" for the purpose of this agreement shall include the rights to all minerals in, on, or under the surface with the exception of perco- lating and underground water. Water, for the purpose of this agreement, shall not be considered a mineral. 4. Grantors, their heirs, successors and assigns shall have the right to obtain water from Grantee's pipeline facilities, if available, on request, for livestock waterings, provided the. Grantee shall make the tap, and Grantors shall at their 'costs install the waterings a minimum of 50 feet from such tap. S. The City shall hold the Owners harmless from any and all claims for damages arising from the City's .use of the property whether such claims may be brought by the City's agents or employees or by any member of the public, including any claims arising from subsidence of the lands of others caused by or related to extraction of water by the City. 6. The City will comply with all present and future laws, rules and regulations of all applicable governmental units relating to the drilling for and extraction of water. -3- STATE OF TEXAS § § SS. COUNTY OF LUBBOCK § Alan Henry, Mayor of Lubbock, being first duly sworn, says: That he is the Mayor of the City of Lubbock, Lubbock, Texas, named in the above and foregoing action; that as such he is authorized to make this verification; that he has read said instrument and knows the contents thereof; and that the matters and facts therein contained are true and correct so he verily believes. SUBSCRIBED AND SWORN to before me this 13th day of March, 1986. C�; Notary ublic, State of Texas My Commission Expires:��-D�-�l STATE. OF TEXAS § § SS.. COUNTY OF BAILEY § BEFORE ME, the undersigned, a Notary Public in and for Bailey County, Texas, on this day personally appeared J.. D. CAGE and wife, JULIEALEXANDER CAGE, known to me to be the persons whose names are subscribed to the fore- going instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this d17_1 day of March, 1986. Notary Publics State of Texas My Commission Expires:_ 9 - 5- . r This Agreement shall be binding upon and inure to the benefit of the respective parties hereto, and their respective heirs, executors, successors and assigns. WITNESS ourhands this 13th day of March, 1986. OWNERS: CITY OF LUBBOCK JU IE ALEXANDER CAGE �' ALAN ATTEST: V J . CAGE Ranette B yd, City Secretary -4- STATE OF TEXAS § § SS. COUNTY OF LUBBOCK § BEFORE ME, the undersigned, a Notary Public in and for Lubbock County, Texas, on this day personally appeared ALAN HENRY, Mayor of the City of Lubbock, a municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity stated, and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 13th day of March, 1986. Nota Public, State ofTexas My Commission Expires:QS -(-) -7 =6- FRED H. TIMBERLAKE AND ASSOCIATES, INC. A Professional Service Corporation Attorneys at Law Fred H. Timberlake Stan A. Weaver Hilary A. Kruce Mr. John Ross, City Attorney Lubbock City Hall 1625 13th Street Lubbock, Texas 79401 Dear John: April 3, 1987 Walker Metcalf Of Counsel enclose herewith the original recorded Deed under which Mr. and Mrs. Cage conveyed the water rights to the City of Lubbock, which transaction closed last week. I believe this concludes the transaction and your file should be complete at this time. I appreciate this opportunity of being of service to you and the City. FHT /bm Enc. Yours very truly, Fred H. Timberlake Lubbock Office Lubbock Office: 1005 15th Street Lubbock, Texas 79401 806/762-0281 Dallas Office: One Dallas Center 305 N. St. Paul, Suite 250 Dallas, Texas 75201 214/651-7400 FILE NO. 3852 STATE OF TEXAS § GENERAL WARRANTY DEED COUNTY OF BAILEY § KNOW ALL MEN BY THESE PRESENTS: That we, J. D. CAGE AND WIFE, JULIE' ALEXANDER CAGE, of the County of Bailey, State of Texas, for and in consideration of the sum of One Dollar, cash and other valuable consideration, to us in hand paid by the CITY OF LUBBOCK, a municipal corporation of Lubbock County, Texas, HAVE GRANTED, SOLD AND CONVEYED, and by these presents do Grant, Sell and Convey unto the said CITY OF LUBBOCK, a municipal corporation of Lubbock County, Texas, all of the percolating and underground water in under, and that may be produced from wells from the tract(s) of land herein described in Exhibit "A", situated in Bailey County, Texas, together with the exclusive right to take such water from said tract(s) of land and to use the same for disposition to cities and towns situated in Bailey, Hockley, Lamb and Lubbock Counties, Texas, together with perpetual rights of ingress and egress in, over, and on said lands, so that the Grantee of said water rights may at any time and any location (save as herein provided) drill additional water wells and test wells on said lands for the purpose of investigating, exploring, producing, and getting access to percolating and underground water; together with the rights to string, lay, construct, and maintain water pipelines (which if laid by Grantee or its successors or assigns shall be buried with 42 inches of cover over the line(s)) , power lines, communication lines, air .vents, and observation wells; to take title to and operate existing irrigation wells and pipelines situated on said property; to construct and :-,maintain access roads on and over said lands necessary or incidental to any of said operations (and Grantors, their heirs, successors, and assigns shall be entitled to use such roads) , together with the rights to erect necessary housing for wells, equipment and supplies, together with perpetual easement for all such purposes, -1- VOL U—QF-�Gl 0�- Vot &.PG A together with the rights to use all that part of said lands necessary or incidental to the taking of percolating and underground water and the production, treating and transmission of water therefrom and delivery of said water to the water system of the CITY OF LUBBOCK; subject to the rights reserved by the Owners, their heirs, successors and assigns, to such quantities of water as may be required to carry on usual and normal domestic use and ranching operations and undertakings upon said lands, excluding irrigation and commercial livestock feeding, and further Grantors, their heirs, successors and assigns and the owners of petroleum and other mineral leases on said property shallbe allowed to use water for drilling and exploration for oil, gas and other minerals from their own well and the same is hereby reserved. It is understood that, for the purposes of this deed, water and minerals in water shall never be construed as minerals. Furthermore, it is agreed that right-of-way and damages for the construction of and operation of the above enumerated installations and facilities are included in the consideration to be paid for the water rights. The tracts of land containing water rights herein conveyed are set out on Exhibit "A" hereto, and contain 1464.1 acres of land, more or less. It is understood that the CITY OF LUBBOCK may also cross the property herein described with pipelines, power lines, roads, and appurtenances necessary to transport water produced from other properties not included in this deed without additional payment for easements. In accepting and recording this deed, the CITY OF LUBBOCK, its successors and assigns, covenants and agrees, within a reasonable time after conducting any operations on said land, to remove therefrom any trash, debris and other -2- material or objects deposited on said land by actions or operations of the CITY OF LUBBOCK, its agents and employees, which clutter up or detract from the usefulness of said lands to the owners thereof. Where the CITY OF LUBBOCK, its successors and assigns, construct new roads through an inside or an outside fence, the CITY OF LUBBOCK shall install and maintain in such openings, gates of durable construction. It is understood that locking gates on the outside fences shall not affect the right of entry, ingress or egress of authorized officers, employees, and contractors of the CITY OF LUBBOCK pertaining to the full enjoyment of water rights herein conveyed. It is expressly understood and agreed that no city water well shall be drilled by the CITY OF LUBBOCK, its successors or assigns, within one- fourth (1/4) mile of any of the presently existing windmill, domestic or livestock wells, the locations of which are described in Exhibit "B", which is attached hereto and made a part hereof. It being the intention of this deed to grant, sell and convey unto the CITY OF LUBBOCK, its successors and assigns, the percolating and underground water in and under and that may. be produced from the tract(s) of land herein- above described, with the rights incident thereto and this deed is being made and delivered by the Grantors and accepted by the Grantee with the distinct understanding that this conveyance does not cover the surface of said property nor any interest in and to any of the oil, gas or other minerals in and under or that may be produced from the said land, and the same is excepted from this conveyance, and the Grantors reserve unto themselves, their heirs and assigns, all of the surface and surface rights, not expressly conveyed, and all of the oil, gas and other minerals in and under and that may be produced from the herein conveyed property, which have not been heretofore conveyed or reserved. -3- VOL Aq;lc, bye vDL *--,�G 441a TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the said CITY OF LUBBOCK, a municipal corporation of Lubbock County, 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 CITY OF LUBBOCK, a municipal corporation of Lubbock County, Texas, its successors and assigns against every person whomsoever lawfully claiming, or to claim the same or any part thereof. WITNESS our hands this 27th day of March, 1987. (az ' 4kac 2i., JIE Aa'LEXA DER CAGE J. CA y STATE OF TEXAS ) COUNTY OF BAILEY ) BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared J' D. CAGE and wife, JULIE ALEXANDER CAGE, known to me to be the persons whose names are subscribed to the foreoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this = w day of March, 1987. Not ry Pu lic,tate of T xas Notary's Printed Name: OFF10AL SM k i A KATHY M*CR Lf3 NOTARY PUBLIC e ' t, STATE OF TSS O �'M. EXPIRES NOV 9. 1$� My Commission Expires: EXHIBIT "A,. Approximately 1464.1 acres, more or less, situated in Bailey County, Texas, as follows: TRACT I: All of Section Number SIXTEEN (16) and the South One -Half (S/2) of Section Number FIFTEEN (15), in Block "Y", W. D. & F. W. Johnson Subdivision No. 2, in Bailey County, Texas. TRACT II: (a) Labor No. Five, in League No. 189 Ector County School Land, Bailey County, Texas; (b) That portion of Section 36, Block "Y", W. D. & F. W. Johnson Subdivision No. 2 in Bailey County, Texas, and being all of the North 204 acres of the. 220 acre tract described as follows: BEGINNING at the Southwest corner of the East Half (E/2) of Section 36, Block "Y", W. D. & F. W. Johnson Subdivision No. 2, Bailey County, Texas, at a 2" iron pipe set for the Southwest and beginning corner of this tract; THENCE East along the South line of the E/2 of Section 36, Block "Y", a distance of 954 feet to a. point in the South line of the said E/2 of Section 36 for corner; THENCE North 330 feet to a point for corner; THENCE East'.1320 feet to a point for corner; THENCE North 748 feet to a point for corner; THENCE East 326.3 feet to a point for corner; THENCE North 0019'42" a distance of 2640 feet to the Northeast corner of this tract at a 3/4" iron pipe; THENCE West 2620.3 feet to a 3/4" iron pipe set for the North- west corner of this tract; THENCE South along the West line of the E/2 of Section 36, Block "Y", a distance of 3718 feet to the Southwest and beginning corner of this tract containing 204 acres of land, more or less, in Block "Y", W. D. & F. W. Johnson Subdivision No. 2, Bailey County, Texas. 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