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HomeMy WebLinkAboutResolution - 120557C - Contract - J.L & J.E. Birdwell - Changes In Water Rights Use, Bailey County - 12_05_1957 RESOLUTION WHEREAS, the City of Lubbock has heretofore purchased certain ester rights in Bailey County, Texas, and John L. Birdwell and J. E. Birdwell /�- desire to make certain changes in the use of said water rights now held and owned y the City of Lubbock and the said Birdwells, all as are deemed to be mutually beneficial to the parties as provided and set out in the attached contract; NOW, THEREFORE, �- BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and he is hereby authorized and directed to execute for and on behalf of the City of Lubbock, the attached original contract executed by J. L. Birdwell and J. E. Birdwell the 29th day of October, 1957. Passed by unanimous vote of the Commission this 5th day of December, 1957. �. R EET-,�R.. , yam" ----- ATTES i Laveyiia. Lowe` City ecre a F'Treasurer l IM67C I, Lavenia Lowe, City Secretary—Treasurer, City of Lubbock, Texas, hereby certify that the above and foregoing is a true and correct copy of A Resolution and Contract between the City of Lubbock and J.L. Birdwell and J.E. Birdwell regarding changes in the use of water rights in Bailey County, Texas. Passed by the City Commission on 5th day of December, 1957 and of record in &nuts Book lb records of the City Commission of the City of Lubbock, Texas. This 5th day of December lg 57 Lavefiia Lowe, Ci Secretary— Treasurer, City of Lubbock, Texas THE STATE OF TEXAS COMITY OF LUBBOCK BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared JOHN L. BIRDWELL, known to me to be the pperson whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. �IVE�i CAR MY HAND AND SEAL OF OFFICE this the A day of A. D. 1957. '�- -4 PUBLIC,IFTARY LUSBDCK t TEXAS THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared J. E . BIRDMIELL, known to me to be the person whose no" is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. G UNDER MY HIND AND SEAL OF OFFICE this the 7 day of A. D. 1957. TEXAS • • THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared S. S. FORREST, JR ., known to .m* to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the City of Lubbock, and as Mayor thereof, and for the purposes and considerations therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the Z45 day of bQe a u{,L. A. D. 1957. AK 7 - . j Ir I05 co I � 2 THE STATE OF TEXAS ) OOUNTY OF BAILEY ) THIS CONTRACT this day made and entered into by and between 3OHN L. BIRDWELL and J . E . BIRDWELL, First Parties, and the CITY OF Lt89=, a municipal corporation, acting herein by and through its Mayor, thereunto duly authorized, hereinafter called Second Party, W I T N E S E I H: WHEREAS, on January 30, 19530 John L. Birdwell and wife, Cordie Birdwell; J. E . Birdwell and wife, Genene Birdwell; Bernard Phelps mad wife, Arlene Phelps; and W. R. Brown and wife, Johnnie Brown, entered into a Deed of Exchange with L. A. Purtell and wife, Hazel Purtell, whereby the said parties exchanged certain lands lying and situated in Bailey County, Texas, as fully described in said Deed of Exchange, which is of record in Vol . 59, on page 154, of the Deed Records of Bailey County, Texas, and to which record reference is here made for a f uil description of said landb, and for the full con- tents of said Deed of Exchange; and, WHEREAS, in said Deed of Exchange, the said John L. Birdwell and wife, Cordie Birdwell, and J. E . Birdwell and wife, Genene Birdwell, conveyed certain water rights, as described in said instrument, in, on and under certain lands situated in Bailey County, Texas, as des- cribed in said Deed, to L. A. Purtell and wife, Hazel Purtell, which said water rights, as to certain tracts of land, were thereafter con- veyed by the said L. A. Purtell and wife, Hazel Purtell, to the City of Lubbock; and, WHEREAS, in said Deed of Exchange, above described, L. A. Purtell and wife, Hazel Purtell , conveyed to John L. Birdwell and wife, Cordie Birdwell, certain real estate situated in Bailey County, Texas, reserving from said conveyance certain water rights, de scribed in said Deed of Exchange, and the water rights therein reserved on certain tracts of land were thereafter conveyed by the said L. A. Purtell and MOSSIC, wife, Hazel Purtell, to the City of Lubbock, as shown by instruments in writing which are tiled of record in Bailey County, Texas; and, WHEREAS, the said John L. Birdwell is the owner of certain tracts of real estate described in said Deed of Exchange, on which the City of Lubbock now holds water rights, and J. E . Birdwell is the owner of certain tracts of land, described in said Deed of Exchange on which the City of Lubbock owns water rights; and, WHEREAS, the City of Lubbock and the said John L. Birdwell and J. E . Birdwell desire to make certain changes in the use of said water rights now held and owned by the City of Lubbock , and by John L. Birdwell and J. E. Birdwell, as provided and set out in said Deed of Exchange, and reference is here made to the provisions of said Deed of Exchange for a complete and accurate description of said rights to said water in, on and under said lands: NOW, THEREFORE, in consideration of the premises, thv mutual covenants herein contained and each act done pursuant hereto by any of the parties, the said parties hereby enter into the following agree- ments z. Paragraph 4 of said Deed of Exchange provided that the owners of certain real estate therein described, as grantors, reserved and excepted from such grants, water rights unto the respective grantors of the specific tracts of land there described, their heirs and assigns, the right to select one well site and to complete and use the water from one irrigation well for agricultural irrigation purposes only, such wells to be equipped with one pump, having only one column pipe, which pipe should not exceed ten inches in diameter, to L:e loc,ated or, tracts of land described therein. The parties hereto agree that said provision for wells to be equipped with one pump having only one column pipe, which pipe should not exceed ten inches in diameter, shall be and is hereby changed, so that the said John L. Birdwell and I 2 - S57 G J. E . Birdwell, as to the tracts of land conveyed by each, joined by their wives, shall have the right to select two well sites and to com- plete and use the water from two irrigation wells for agricultural irrigation purposes only, such wells to be equipped with one pump having only one column pipe, which pipe shall not exceed six inches in diameter, to be located on the tracts of land described in said Paragraph 4. It is specifically agreed and understood, ho"ever, that each said six inch well must be drilled within an area not more than 1,320 feet from any section corner, with the exceptions noted below, and not more than two such wells to a section, except as hereinafter specifically provided to the contrary. As to Section 2, Block 0, T. H. Jones Survey, said Exchange Deed provided for two wells to be equipped with a ten inch pipe, but by this agreement it is understood that four wells are permitted as to such Section 2, Block 0, T . H. Jones Survey, but said wells shall be equipped with one pump, having only on® column pipe, which such pipe shall not exceed six inches in diameter, • II . As an exception to Paragraph I above, it is agreed that the owner of Section 55, Block A, Melvin Blum & Blum Survey, may drill and equip one well with a pump and pipe six inches in diameter, at a location 900 feet north of the south line of such section, and 2,450 feet northwest from the southeast corner of such section. III . The water rights reserved to John L. Birdwell, in Paragraph 4 of said Exchange Deed, as to Section 27, Block A, Melvin Blum B Blum Survey, are hereby cancelled, and, in exchange therefor, the said John L. Birdwell is granted similar rights on Section 51, Block A, Melvin Blum & Blum Survey, and under the terms of this provision, two wells equipped with a pump and six inch pipe may 5e drilled on said Section 51, restricted as to location as provided in Paragraph I above . 1 3 - IV. The water rights reserved for irrigation purposes in said Para- graph 4 of said Exchange Deed, on Section 77, Block A, Melvin Blum & Blum Survey, unto the said John L. Birdwell, are hereby cancelled, and , in exchange therefor, the said John L. Birdwell is hereby granted irrigation water rights, as described in said Exchange Deed, 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. V. As a further exception to the provisions of Paragraph I hereof, one of the six inch wells allowed in Section. 68, Block A, Melvin Blum & Blum Survey, under the terns of said Exchange Deed and this instrument, may be drilled not more than 700 feet south of the north line of said section, without restriction as to corners. VI . It is agreed that one o: the six inch irrigation wells provided for Section 1, in Block 0, T. H. Jones Survey, shall be eliminated, so that only one well may be drilled in said Section 1, Block 0, T. H. Jones Survey, and in exchange therefor, an existing eight inch irriga- tion well on Section 11, Block A, Melvin Blum & Blum Survey, may be continued in use until the yell is drilled on Section 1, Block 0, at which time the existing well on Section 11, Block A, shall be reduced to a six inch well . VII . Before the execution of said water deed, an irrigation well was in use, located in the center of Section 52, Block A, Melvin Plum 8 ium Survey. The City hereby grants permission to John L . 3irdwell , - s heirs and assigns, to use such well until the City of Lubbock ..sires to use the location, at which time, on notice, the light to use of said well shall be transferred to the City, and the owner 4 - of said land will remove therefrom his equipment; in the event that the owner of said land drills another irrigation well on Section 52, before the City gives notice that it desires the location, then the use of said existing well shall be abandoned by the owner of the land. VIII. Under the provisions of Paragraph IV of said Exchange Deed, two ten inch wells were permitted to be drilled in Section 2, Block 0, T. H. Jones Survey; under the provisions hereof, four six inch wells 4ould be permitted in said Section 2, Block 0. It is agreed and under- stood by and between said parties that only two six inch wells may be drilled in said Section 2, Block 0, T. H. Jones .Survey, and in exchange four said other two six inch wells, which otherwise would be provided by this agreement, the said John L. Birdwell, his heirs and assigns, are granted the right to one six inch irrigation well to be located on the North Half of Section 64, Block A. Melvin Blum 8 Blum, and one six inch irrigation well to be located in Section 22, Block A. Melvin Blum g Blum Survey. IX. It is agreed by and between said parties that;John L. Birdwell, his heirs and assigns, shall be limited to one six inch irrigation well on Section 3, Block 0, and in exchange for the other six inch well othervdse permitted on said Section 3, Block 0, by this agreement, the said John L. Birdwell, his heirs and assigns, are granted the right to drill and use one six inch irrigation well in Section 4, Block 0, T. H. Jones Survey. x. It is agreed by and between said parties that the right to drill irrigation wells on Section 28, Block A, Melvin Blum 8 Blum Survey, held by the said John L. Birdwell under said Exchange Deed, are hereby cancelled, and in exchange therefor, the said John L. Birdwell, his heirs and assigns, are granted the right to drill two six inch 5 - ' 07 Co irrigation wells on Section 17, Block A, Melvin Blum & Blum Survey. XI . It is agreed and understood by and between said parties that the said John L. Birdwell shall be restricted to one six inch irrigation well on each of said Sections 65 and 66, Block A, Melvim Blum & Blum Survey, such wells to be drilled on the north halves of said sections, one said six inch well to each said half section, and in exchange for said agreement, the City grants to John L. Birdwell, his heirs and assigns, the right to drill and use one six inch irrigation well on Section 16, Block A, Melvin Blum & Blum Survey. XI I . By the use of the word *owner' herein is meant the holder of the legal title to the surface of the real estate described. XIII . The provisions of the Exchange Deed, above described, and the provisions of the deed conveying said water rights to the City of Lubbock, executed by L. A. Purtell and wife, Hazel Purtell, are not in any wise changed by this instrument, except as herein specifically provided. EXECUTED IN TRIPLICATE ORIGINALS this day of A. D. 1957. BXFWWELL BIRDWELL CITY OF i. BOCK By: { Forrest, Jr. jTTE ST: 4 ITT ygecre ary- reasurer - 6 -