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Home My WebLink AboutResolution - 355 - Agreement - John L. Birdwell Heirs - Water Well Relocation, Bailey County - 11/29/1979f / FILE N0. 2633. ",AWF :`b s , RESOLUTION #355 - 11/29/79 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 an Agreement with the John L. Birdwell heirs with respect to changing the location of an irrigation well where said City owns water rights, 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 Resolution as if fully copied herein in detail. Passed by the City Council this 29th day of November ,1979. DI EST, MAYOR ATTEST: E elyn'G tga, City ry-Treasurer APPROVED AS TO CONTENT: Gordon W. Willis, Superintendent of Water Treatment APPROVED AS TO FORM: J. on Fullingim, Assistant ity Atfeorney RESOLUTION #355 — 11/29/79 AGREEMENT s STATE OF TERAS § COUNTY OF BAILEY § WHEREAS, John L. Birdwell (a/k/a J. L. Birdwell) and J. E. Birdwell entered into a contractual agreement (herein called "1957 Contract") with the City of Lubbock, a home rule municipality located in Lubbock County, Texas, herein called "City", dated October 29, 1957, same being recorded in Volume 73, Pages 85-91 (inclusive) of the Deed Records of Bailey County, Texas, said 1957 Contract being incorporated herein by reference as if fully copied herein in detail in this place, and in paragraph IV of said 1957 Contract the said John L. Birdwell was granted the right to drill one irrigation well for agricultural purposes only, to be equipped with one pump, having only one column pipe, which pipe shall not exceed six inches in diameter, on either Labor 3 or Labor 4, in League 173, Sutton County School Land, in Bailey County, Texas; and, WHEREAS, the City is the owner of certain water rights in Bailey County, Texas,,and has been requested by the undersigned owners of certain hereinafter described property, and the property hereinabove described, to consent to the transfer of the location of the irrigation well above referred to, to another location, and the City is agreeable to granting such request: NOW THEREFORE: The City and Arline B. Phelps and her husband, Bernard Phelps, individ- ually, and Arline B. Phelps, Johnnie B. Brown, Christin9Keeney, and J. E. Birdwell all respectively as Co -Independent Executors and Executrixes (as the case may be), and also as Co -Trustees under the last will and testament and estate of the aforesaid John L. Birdwell, now deceased, and under �.e testa- mentary trust known as the John L. Birdwell Trust, set up with respect to said estate, and all respectively as attorneys in fact for and acting in the stead of Cordie Birdwell, the widow of the said John L. Birdwell, deceased, and the said Johnnie B. Brown being joined herein by her husband, W. R. Brown, and the said Christine Keeney (a/k/a Christine B. Keeney) being joined herein by her husband, W. E. Keeney, and the said J. E. Birdwell being joined herein by his wife, Genene Birdwell, all of said parties in their respective capacities, and their respective spouses herein joining, herein being collectively. called - i "Birdwells", in consideration of the mutual covenants and agreements made as hereinafter set forth, do hereby contract and agree as'follows:- I. The rights of the Birdwells to drill an irrigation well as set forth in Paragraph IV of said 1957 Contract are hereby cancelled and in exchange for said cancellation the City hereby grants to the Birdwells the right to drill and maintain one six-inch irrigation well for agricultural purposes only, said irrigation well having the capacity to produce not more than 560 gallons per minute, which 560 gallons per minute is the maximum capacity allowable for a six-inch irrigation well under the Rules and Regulations of the High Plains Underground Water Conservation District No. 1, and being located at any site in either Labor 5 or Labor 6, League 172, Sutton County School Land in Bailey County, Texas. II. The said 1957 Contract is hereby only amended as specifically -set forth above with respect to the cancellation of the one irrigation well, and in all other respects said 1957 Contract shall remain the same and in full force and effect. III. This agreement shall be binding upon and inure to the benefit of the City, its successors and assigns, and the Birdwells, their heirs and assigns. Executed as of the 29th day of Arline B. Phelps e A Johnnie B. Brown Christineeney J. E. Birdwell November , 1979 Bernard Phelps RAF ��.- K4A CITY OF LUBBOCK BY: PAaW____ RK WEST, MAYOR VOL 10 PG m v ;•Evelyn, -G .pa, %ty' Sec e r Treasure rn Ci :� r • . � xh,Fulling$m, Asst. C3 •111!1 I, btt,l+, `` .,%�, ,F,,, �- •afia r_. 1 . THE STATE OF TEXAS § COUNTY OF Bailey § vM /J9M 4C.A.. APPROVED AS TO CONTENT: Gordon W. Willis, Superintendent of Water Treatment Before me, the undersigned authority, on this day personally appeared Arline B. Phelps, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed, and in the capacities hereinabove stated and as the acts and deeds of the John L. Birdwell Estate and the John L. Birdwell Trust, and as attorney in fact for Cordie Birdwell in her stead and place. GIVEN UNDER MY HAND ANRi,�,F4L OF OFFICE, this 26th day of November 19 79 +ILY P& • Notary ublic, Bailey County, 1w) _'.. ; Q = Texas THE STATE OF TEXAS CDU N�� ►+`�%�` COUNTY OF Bailey § Before me, the undersigned authority, on this day personally appeared Bernard. Phelps, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 26th day of November_, 19 79 R:Y P `66C '(Inez F. Bobo • ry Public, Bal ey County, 7 ' ' Hq;r Texas THE STATE OF TEXAS § ''•. COUNVA•��`•`` 46 oxeme, the undersigned authority, on this day personally appeared •,',Jo4n6ie+-$29wn, known to me to be the person whose name is subscribed to the #oxeg_oing,trument, and acknowledged to me that she executed the same for the -purposes consideration therein expressed, and in the capacities hereinabove stated nt ifs the acts and deeds of the John L. Birdwell Estate, and the John Trust and as attorney in fact for Cordie Birdwell in her stead and GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the l day of rov. , 19_., Nota"P P lic, v County, Texas THE STATE OF TEXAS ;COUNTY OF 5 e, § ••Before me, the undersigned authority, on this day personally appeared W. known to me to be the person whose name is subscribed to the foregoing and acknowledged to me that he executed the same for the purposes a#h# com%teration therein expressed. _:: UNDER MY HAND AND SEAL OF OFFICE, this the �j� day of Ala yr, , _ Nota y Vblic, county, Texas THE STATE OF TEXAS COUNTY OF LUBBOCK Befo a me, the undersigned authority, on this day personally appeared Christin eeney, known to me to be the person whose name is subscribed to the foregoing nstrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed, and in the capacities hereinabove 'stated, and as the acts and deeds of the John L. Birdwell Estate and the John ,,,,,.,I,Birdwell Trust, and as attorney in fact for Cordie Birdwell in her stead and ,L •" N UNDER MY HAND AND SEAL OF OFFICE, this the 19th day of November , '�.,,� ` •......... �C4 ; //�� .�� -�- ( Velma Gaine s ) Notary Public, Lubbock County, _ Texas "V My. commission expires 11-14-80 THE STATE OF TEXAS COUNTY OF LUBBOCK11 § Before me, the undersigned authority, on this day personally appeared W. E. Keeney, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 19th day of November h (Velma Gaines) •r,+,,�� Notary Public, L)bbock County, 'h •. Texas ►.,«,,,�,,.,� Icy commission expires U-14-80 THE STATE OF TEXAS § COUNTY OF $ Before me, the undersigned authority, on this day personally appeared J. E. Birdwell, 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, and in the capacities hereinabove stated as the acts and deeds of the John L. Birdwell Estate, and the John L. Birdwell Trust, and as attorney in fact for Cordie Birdwell in her stead and :MEN UNDER MY HAND AND SEAL OF OFFICE, this the 2LU ay of , .A,, •, %�� ••��".�` Not ry Public, . County, �}-' .. •�. Texas vM PG �� VOL /affm 49 THE STATE OF TEXAS § COUNTY OF § Before me, the undersigned authority, on this day personally appeared Genene Birdwell, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the gurpopes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this theo� d �� day of Not ry Public, Count . Gcr y '��,• .• f, Texas PDA . ....... to LME STATE OF TEXAS § �4- t COUNTY OF LUBBOCK § Before me, the undersigned authority, on this day personally appeared DIRK WEST, Mayor of the City of Lubbock, 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, and in the capacity therein stated as the act and deed of said City. 19� �IVEN UNDER MY HAND AND SEAL OF OFFICE, this th day of 1�noD Nota Pub , Lubb ck County. Texas tt ss STATE OF TEXAS o COUNTY OF BAILEY 1, Hazel Gilbreath, Clerk of the County Court in and for said County, do hereby certify that the foregoing instrument was filed for Record in my office on the :.._1Qth _ day of ...... December.......... A.D. I9...2.9..., at 4:00 o'c!Gck . Kt. -M., and Recorded on the ..12 day. of ... December A.D. 19.79 ., in Deed ......... Records of -Bailey County Vol. ...139�-,w WITNESS MY HAND SEAL. at- my. office In.- Muleshoe Texas, the day, and year last above written. cp°"Trc� HAZEL GILBREATH, Clerk of County Court, Bailey County, Texas. Vj - By: z6f4f �--- ;U a� Deputy. 'CJ • a EY3 o s Z o 0 .. ars W W C C> a a o s� m o a w LJ o Z �f 0 U { H N ►94 -7 y H .. 9T+ W