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HomeMy WebLinkAboutResolution - 235 - Amend Contract - HL Caine - Ochiltree County School Land, Bailey County - 07/26/1979JWF:hw R*filiaAU41 I �.RESO #235 - 8/9/79 WHEREAS, the City of Lubbock has been requested to consider deletion of the words "pumping plant" from the reservations to be placed in a proposed deed from the City of Lubbock (as vendor) to H. L. Cain (as purchaser) pur- suant to a Contract of Sale between said parties for conveyance of the surface estate (with limitations as provided in said Contract) concerning Labors 3, 4 and 5, in League 207, Ochiltree County School Land located in Bailey County, Texas, reference being made to Subparagraph I (3) of said Contract where said words "pumping plant" appear; and WHEREAS, it has been determined by this City Council that a pumping plant will not be needed on said lands, and such request can be reasonably granted; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Subparagraph I(3) of the aforesaid Contract is here- by amended by deleting therefrom the words "pumping plant," otherwise all other provisions shall remain the same as regards said Contract. SECTION 2. THAT the Mayor is authorized and directed to execute said proposed warranty deed in accordance with said Contract as hereby amended. Passed by the City Council this 9th day of August , 1979. DIRK IaEST, MAYOR ATTEST: elyn Ga fga, City ec y -Treasurer Amendment accepted as hereinabove set forth by: ' H. L. Cain APPROVED AS TO CONTENT: G r.%.. 9 City ineer APPROVE AS TO FORM: Jrth Fullingim, Asst. Cit Attorney L7 WARRANTY DEED THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § THAT for and in consideration of the sum of TWENTY-SEVEN THOUSAND EIGHTY AND N0/100 DOLLARS ($27,080.00) and other good and valuable consideration in hand paid to the CITY OF LUBBOCK, a Home Rule Municipal Corporation, herein called "City," in cash, by H. L. Cain, herein called "Grantee," the receipt and sufficiency of which is hereby acknowledged and confessed, and for the payment of which no right or lien, expressed or implied is retained, and acting through said City's Mayor pursuant to certified copy of Resolution passed July 26, 1979, and contract executed in connection therewith collectively called "Exhibit A" attached hereto, and Resolution amending said Resolution and Contract dated August 9, 1979, certified copy of which is annexed hereto as "Exhibit B": Have GRANTED, SOLD and CONVEYED and by these presents do GRANT, SELL and CONVEY unto the said Grantee Corporation of Lubbock County, Texas, all that certain tract and parcel of land lying and being situated in Bailey County, Texas, as follows: The surface estate (except water and water rights) of land described as Labors 3, 4 and 5, League 207, Ochiltree County School Land located in Bailey County, Texas. This conveyance is made subject to the following restrictions, reservations, and agreements running as covenants with the land which are agreed to by City by execution and delivery of this deed and are agreed to by Grantee by his acceptance of this deed, to -wit: (1) City reserves unto itself all the oil, gas, and other minerals and interests therein that it may own and possess with respect to Labors 3, 4 and 5, League 207, Ochiltree County School Land located in Bailey County, Texas. (2) City reserves unto itself all of the water and water rights in, to, and under said Labors 3, 4 and 5 together with the right of ingress, egress, and regress for the purpose of exploring, prospecting, drilling for and trans- porting the said water, and to construct gates and cattle guards through fences and construct temporary and permanent roads at any location desired by City. (3) City reserves the right with respect to all of said Labors 3, 4 and 5 to construct, maintain and operate the necessary water wells, water collecting and flow pipe, both above and below the surface, the necessary communication and control circuits, together with the necessary electric power line and other electric facilities for furnishing power to the pumps and shall have an ease- ment over said land for the purpose of constructing, installing, operating and maintaining of the facilities and pipelines above enumerated, and all such rights and easements are hereby granted for water lines, power lines, control circuits, and appurtenances necessary to produce water at other locations and transport water across said lands hereinabove described, with full rights of ingress and egress for such purposes. (4) City reserves the right to use so much of the water in, over, under and upon said Labors 3, 4 and 5 as may be necessary to drill for, produce, and transport oil, gas and other minerals. (5) Grantee is granted the right to drill and operate only .one water well per Labor in, under and upon each of said Labors 3, 4 and 5 to the end that Grantee or Grantee's successor or successors in title shall not drill and operate more than one water well per Labor at any time on each of said Labors 3, 4 and 5 respectively, and none of said water wells shall be so equipped to pump more than ten (10) gallons of water per minute, and water from said water wells shall be used for normal farming and ranching operations and domestic use, but not for irrigation for farming or grazing purposes and not for dry lot cattle feed yard purposes; and further provided that all water falling on the land shall remain on the land, undisturbed, so as to recharge the land and acquifer in its -natural course with respect to said Labors 3, 4 and 5, but City reserves the right to use artificial methods to accelerate recharging the acquifer. If there is such an existing domestic water well upon said Labors 3, 4 or 5, it shall be counted as they water well allowed for the Labor upon which OF CPW- it. is located, and another such domestic water well may not be drilled and operated on such labor. (6) The above conveyance is subject to the covenant hereby made by -Grantee that no water shall be removed from the above described premises for the pur- pose of irrigation for farming or grazing purposes or navigation, such covenant to be binding upon and to be observed by the Grantee, herein as well as its successors and assigns and to run in favor of and be enforceable by and all persons now or hereafter owning the land hereinabove described. Each bene- ficiary of this covenant shall have in addition to other remedies given by law the right to enjoin the breach of this covenant; provided, however, that no breach of this covenant shall ever work as a forfeiture or reversion of the water rights herein reserved by City. (7) No cause of action against the City, its successors or assigns shall arise in favor of Grantee due to drainage of underground and petcolating water• from land developed by Grantee, or Grantee's successors or assigns. Grantee shall pay all taxes for the year 1979. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging to the said Grantee and said City does hereby bind itself, its successor and assigns to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, his heirs and assigns, against every person whomsoever lawfully claiming, or to claim the same, or part thereof. WITNESS ITS HAND this day of September, 1979. j f CITY OF LUBBOCK = ST,:-, By. E elyn Ga ga,iy: a y -Treasurer DIRK WEST, MAYOR APPROVEII`A-S-TO FORM: J. W th Fullingim,'Asst. City A orney THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE thisk` day of 1979. ' Not Pu ic, Lub ock County, Texas .r J SEP 111979 CITY UCREURY4 THE STATE OF TEXAS COUNTY OF LUBBOCK CITY OF LUBBOCK I, EVELYN GAFFGA, City Secretary -Treasurer for the City of Lubbock, Texas do hereby certify that the attached copy of Resolution #217 is true and correct, and appears of record in Minute Book No. 38, Page 423, Item 771 of the Minutes of the City Council of the City of Lubbock dated July 26, 1979; I FURTHER CERTIFY that the attached Exhibit "A" is a true and correct copy, and is on file in the Office of the City Secretary, attached to Resolution #217, referenced above; I FURTHER CERTIFY that the attached copy of Resolution No. 235 is true and correct, and appears of record in Minute Book No. 38, Page 460, Item 828 of the Minutes of the City Council of the City of Lubbock dated August 9, 1979. TO CERTIFY WHICH, witness my hand and the seal of the City of Lubbock, Texas this 14th day of August, 1979.• (Seal) - EVELYN G A City Secretary -Treasurer ,EXµ4XA RESO X1217 - 7/26/79 RESOLUTION 1 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1 . THAT the surface estate (except water and water rights) to Labors 3, 4, and 5, in League 207, Ochiltree County School Land, situated in Bailey County, Texas was offered for sale by bid procedures by the City of Lubbock pursuant to due notice thereof in accordance with Article 5421 C-12, V.A.C.S., and the highest and best bid received was the bid of H.L. Cain of Lubbock Texas in the amount of $27,080.00, and after consideration thereof, this City Council hereby accepts such bid, and declares same as reasonable and adequate consideration in terms of fair market value return to said City for the type conveyance proposed to be made upon closing of the sale. SECTION 2. THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute a contract of sale on behalf of the City of Lubbock on the form of contract (incorporated as a part of the bid procedure above-described) to be entered into between said City as seller and the said H.L. Cain as Purchaser, a true and correct copy of. which contract is attached herewith as a part of this resolution and shall be spread upon the minutes of this City Council. SECTION 3. UPON successful completion of said contract in accordance with its terms, the Mayor is hereby authorized and directed to execute a warranty deed on behalf of said City (as seller) unto the said H.L. Cain (as purchaser), all to be done in accordance with the provisions, limitations, reservations, and restrictions as set forth in said contract of sale. PASSED by the City Council this 26th day of July, 1979. OAR-- Dirr'7est, Mayor ATTEST: Welyn Gaffga, City soKc Wwy-Trea surer APPRO D AS TO CONT NT: JF irector o Wa er Utilities APPR ED AS TO FORM: J. DrIth Fullingim, AssistanV City Attorney EX A ••+ TIED TO RESO 217 - 7/26/79 CONTRACT FOR LAND SALE STATE OF TEXAS COUNTY OF LUBBOCK The City of Lubbock, a home rule municipality located in Lubbock County, Texas, herein called "City," being the owner of certain hereinafter described land, and H.L. CAIN whose address is P.O. Box 529, Lubbock. Texas , being the successful bidder for purchase of said, herein called "Purchaser," in consideration of the promises and agreements hereinafter made by City and Purchaser, do hereby contract and agree this 26th day of July 1979, as follows: I. That said City has this day bargained and sold, and by these presents does hereby bargain, sell and obligate itself to convey or cause to be conveyed in manner as hereinafter stated unto the said Purchaser, the surface estate (except water and water rights) of land described as Labors 3, 4, and 5, in League 207, Ochiltree County School Land located in Bailey County, Texas. The deed of conveyance from City to Purchaser shall contain the following restrictions, reservations, and agreements running as covenants with the land: (1) City reserves unto itself all the oil, gas, and other minerals and interests therein that it may own and possess with respect to Labors 3, 4, and 5, League 207, Ochiltree County School Land located in Bailey County, Texas. (2) City reserves unto itself all of the water and water rights in, to, and under said Labors 3, 4, and 5 together with the right of ingress, egress, and regress for the.purpose of exploring, prospecting, drilling for and trans- porting the said water, and to construct gates and cattle guards through fences and construct temporary and permanent roads at any location desired by City. (3) City reserves the right with respect to all of said Labors 3, 4, and 5 to construct, maintain and operate the necessary water wells, pumping plant, water collecting and flow pipe, both above and below the surface, the necessary communication and control circuits, together with the necessary electric power line and other electric facilities for furnishing power to the pumps and shall have an easement over said land for the purpose of constructing, installing, operating and maintaining of the facilities and pipelines above enumerated, and all such rights and easements are hereby granted for water lines, power lines, control circuits, and appurtenances necessary to produce water at other locations and transport water across said lands hereinabove described, with full rights of ingress and egress for such purposes. (4) City reserves the right to use so much of the water in, over, under and upon said Labors 3, 4, and 5 as may be necessary to drill for, produce, and transport oil, gas, and other minerals. (5) Purchaser is granted the right to drill and operate only one water well per Labor in, under and upon each of said Labors 3, 4, and 5 to the end that Purchaser or Purchaser's successor or successors in title shall not drill and operate more than one water well per Labor at any time on each of said Labors 3, 4, and 5 respectively, and none of said water wells shall be so equipped to pump more than ten (10) gallons of water per minute, and water - - from -said water ---wells shall be used for normal farming and ranching operations and domestic use, but not for irrigation for farming or grazingpurposesand not for dry lot cattle feed yard purposes; and further provided that all water falling on the land shall remain on the land, undisturbed, so As to recharge the land and acquifer in its natural course with respect to said Labors 3, 4 t�a- if- X W ) A- and 5, but City reserves the right to use artificial methods to accelerate recharging the acquifer. If there is such an existing domestic water well upon said Labors 3, 4, or 5, it shall be counted as the water well allowed for the Labor upon which it is located, and another such domestic water well may not be drilled and operated on such Labor. (6) The above conveyance is subject to the covenant hereby made by Pur- chaser that no water shall be removed from the above described premises for the purpose of irrigation for farming or grazing purposes or navigation, such covenant to be binding upon and to be observed by the Grantee, herein as well as its successors and assigns and to run in favor of and be enforceable by and all persons now or hereafter owning the land hereinabove described. Each bene- ficiary of this covenant shall have in addition to other remedies given by law the right to enjoin the breach of this covenant; provided, however, that no breach of this covenant shall ever work as a forfeiture or reversion of the water rights herein conveyed. (7) No cause of action against the City, its successors or assigns shall arise in favor of Purchaser due to drainage of underground and percolating water from land developed by Purchaser, or Purchaser's successors or assigns. II. Said Labors 3, 4, and 5 will be conveyed by City to Purchaser subject to all oil, gas and other mineral reservations (in addition to oil, gas and other minerals to be reserved by City as provided in Subdivision I (1) above set forth) and easements of record in Bailey County, Texas, or easements visible on the ground affecting said Labors 3, 4, and 5. III. Purchaser shall pay to the City an earnest money deposit as evidence of good faith in the amount of THREE HUNDRED ($300.00) DOLLARS contemporaneously with the execution of this Contract and the further sum of TWENTY SIX THOUSAND SEVEN HUNDRED EIGHTY AND N0/100 ($26,780.00)DOLLARS cash in hand paid, which is the balance of the sum bid by Purchaser for the purchase of said Labors 3, 4, and 5 in accordance with the terms of this contract, said sum to be paid to City by Purchaser upon delivery by City to Purchaser of a good and sufficient warranty deed conveying title to Purchaser said Labors 3, 4, and 5 in accord- ance with the terms of this contract. IV. This contract is conditioned that City will procure and deliver to Purchaser at earliest practicable date, a full, complete certified abstract of title to the above described property, and will permit said Purchaser to have the same examined by his attorney. If the title as shown by the abstract is good and valid, then said City will make, execute and tender a good and suf- ficient deed, conveying the aforesaid property to said Purchaser with full covenants of general warranty to complete this contract in accordance with its terms and stipulations. If the title to said property, as disclosed by the abstract, is not shown to be good and valid, then the said Purchaser shall procure and submit to said City a statement in writing of the objections made to said abstract within thirty (30) days from date hereof. If said objections are of such character that they can be cured or removed within a period of time not to exceed sixty (60) days from date hereof, then said City shall be obligated, and is hereby obligated, to so cure or remove said objections at its own expense, and it is hereby agreed and understood that said City shall have thirty (30) days from and after the date when the written statement of ob- jections is delivered to him within which to cure or remove same. If the title to said property, as shown by the abstract, is not good, and the objections thereto are not cured or removed by said City in the manner and within the time hereinbefore stated, then said Purchaser shall have the right to declare this contract at an end and no longer binding on him, and same shall thereupon become null and void, and said Purchaser shall be entitled to the return of all money by him paid by reason of this agreement. Upon failure of Purchaser to comply herewith, City may at its option enforce specific performance, or retain the earnest money as liquidated damages, $300.00 to go to City. If title is found objectionable and is not cleared within the time provided, or upon failure of City to comply herewith for any other reason, Purchaser may demand back the earnest money, thereby releasing City from this contract, or Purchaser may enforce specific perfor- mance hereof. 1979. Purchaser shall pay all taxes for 1979. Executed in duplicate this 26th day of July Purchaser (Successful Bidder) Name: H.L. Signed: Title or office (if Corporation or Partnership) CITY OF LUBBOCK: By: _T ST, MAYOR ATTEST: �Wely�nGaf�fga, City S cr y -Treasurer APPROVED AS TO CO NT: Dir. of Water Util.. of City of Lubbock (Title) APPROVED AS TO FORM: JAstant_Ci�tgyAttorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, a Notary Public in and for said County and State, on this day personally appeared H.L. CAIN known to me to be the person whose name is subscribed to the foregoing in- strument, 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 -2-6—A day of , 19 79 c f Notar ublic, Lubbock County, Texas THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME a Notary Public in and for said County, Texas, on this day per- sonally 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 consideratoin therein expressed, and in the capacity therein stated as the act and deed of said City. GIVEN under my hand and seal of office, this day of , 19 79 . Notary Public, Lubbock County, Texas _ -i "41, ,' O h w K � 61' O �, p• rt " ;p t„' � a Pt ro ca bo v v i . r i I i s 1 i :