HomeMy WebLinkAboutResolution - 2347 - Consent To Assignment - Addink Et Al To Muleshoe - Water Rights Lease Agreement - 06_12_1986N .
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RESOLUTION
Resolution #2347
June 12, 1986
Agenda Item #25-A
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 Consent to
the Assignment from John W. Addink, John H. Fritsch, Charles L. Barton and
F. Edward Stivers, collectively as assignors, unto the City of Muleshoe,
Bailey County, Texas, as assignee, of all assignors' rights in and to a
"Water Rights Lease Agreement" dated March 12, 19B1, said Agreement being
recorded Volume 142, Page 754-770 of the Deed Records of Bailey County,
Texas, reference to which record is made for all pertinent purposes in
connection with the consent to assignment hereinabove authorized by the
City Council of the City of Lubbock, 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 fully
copied herein in detail.
Passed by the City Council this /�(, day of �--r/ —, 1986.
B. C. McMINN, MAYOR
ATTEST:
y 5ecre
APPROVED AS TO CONTENT-
�GP r" �Ia
Sam Wahl, Director of Water
Utilities
APPROVED AS TO
FORM:
Ful ingim, Assistant City
Attor�i y
Resolution #2347
JCR:da
SUPPLEMENTAL NOTICE OF ITEM TO BE ADDED TO THE REGULAR CITY
COUNCIL MEETING OF JUNE 12, 1986, TO BE CONVENED AT THE HOUR OF
9:00 A.M. IN THE CITY COUNCIL CHAMBER, CITY HALL, LUBBOCK, TEXAS.
THAT the following item is hereby added to the regular
agenda heretofore posted for the meeting above described:
25(a) Consider resolution authorizing the Mayor to execute
a Consent to the Assignment by John W. Addink,
Charles L. Barton, John H. Fritsch and F. Edward
Stivers of their rights as owner (Lessors) to the
City of Muleshoe, Texas, in a Water Rights Lease
Agreement March 12, 1981, between the City of Lubbock
and the above named individuals.
THAT consideration of the aforementioned item by the City
Council of the City of Lubbock at its meeting on June 11, 1986,
constitutes an urgent public necessity in order to allow the City
of Muleshoe to meet it contractual obligations to close on the
purchase of the property on June 16, 1986, and said urgent public
necessity requires the consideration of this subject as a
supplemental item to the aforementioned agenda.
I HEREBY CERTIFY THAT THE ABOVE POSTING OF THE SUPPLEMENTAL
ITEM ON THIS AGENDA WAS POSTED ON THE BULLETIN BOARD AT CITY HALL
AT 2:30 O'CLOCK, P .M., ON THE Ilth DAY OF May
1986.
RANETTE BOYD, CITY SECREITARY
1
1.4
THE STATE 0 F TEXAS
NN
COUNTY OF BAILEY
For val ue received, John W. Addink, Charles L. Barton, John H.
Fritsch and F. Edward Stivers hereby assign to the City of Muleshoe, a
municipal corporation of Bailey County, Texas, all our right, title, and
interest in and to the contract dated March 12, 1981, between the City of
Lubbock, a Home Rule municipal corporation of Lubbock County, Texas, and
ourselves regarding the leasing of the rights to the underground water
located under approximately 1,531.34 acres of land in Bailey County, Texas,
a copy of which Water Rights Lease Agreement is attached to this
assignment. -This assignment shall be effective as of 12:01 A.M. on
Dated this
n
ue�
� ��' �
�'pm^'y«
Charles L. Barton
MA
1986, by John W. Addink
GLEN M. NELSON
NOTARIAL
M-fPZRAL
me on this the day
notary Pubiic, bzuze ot
My Commission [ ires
Printed or Typed ma�o of,
~'
f
W,a i
xS.'�ftTAt' 0
r ',STATE OF §�
COUNTY
This instrument was acknowledged before me on this the day
1986, by Charles L. Barton.
4 ' GLEN M. NELSON J
17ZW9AAL NOTARIAL
Notary Publ c, State o
L My Commission Expires:
t Erb nc wca�aKA Printed or Typed ame
4""N Notary Public:'
„PIEMBER 14. 1
STATE 0
,. COUNTY
This instrument was acknowledged before me on this the day
,f of 1986, by John H. Fritsch.;
�.:
4,�,.Y-{v.4
z` tX EN M.NELSON h Notary Public, State of
�s�WWRAt.NOTARIA1. My Commission Expires:
-, Printed or T ed a of
�lF 4SL 148A89GA Notary Public:, /L'l
SEPT@M$[ n 14.
p
k r STATE OF
t COUNTY 0 §
M, „¢", :d. �J?3'•'�4;4.."".3''�!.'.S.j§m+k ,- w! ""�,snc ,.
a�.itm This instrument was acknowledged before me on this the _ day
`z of 1986, by F. Edward St1 versAil
e
GLEN M. NELSON r' r J
Notary F011 C, State of
RfiNiMAL NCTAit1Al s'`'z `, F, a My Commission Expires:
c'a Printed or Typed o
•�•s eF M$114AaKA Notary Publ i
lelp
t r Resolution #2347
ACCEPTANCE
In consideration of the right, title, and interest that are being
assigned to it, the City of Muleshoe hereby accepts the foregoing
assignment; and, the City of Muleshoe agrees to assume and perform all the
duties and obligations to be performed by John W. Addink, Charles L.
Barton, John H. Fritsch, and F. Edward Stivers under the contract referred
to in the foregoing assignment as if the City of Muleshoe had been an
original
on g party to the contract; and, the City of Muleshoe does hereby
assume and agree to perform all obligations of the assignors (dba Sanderosa
Land Co.) under all of the agreements for electric service with Bailey
County Electric Cooperative Association dated June 1, 1981, January 20,
1983, and April 7, 1983. The City of Muleshoe does hereby agree to
indemnify and hold harmless the assignors from any and all expenses and
costs, of whatever nature and kind, regarding operations under said
contracts and agreements, from and after 12:01 A.M. on'.June 16, 1986
_...Dated this day of 1986.,
QUTY OF , r
ff
arrell Turner ayor
h FM tS ^.s{'�'b} S .tJy 5 J�•'1 r W� *
�rx,- 6
STATE OF TEXAS § c � � F, �t<} ' rts
§t
Mra . `''
COUNTY OF BAILEY §
r
BEFORE ME, the undersigned authority, a Notary Public, in and for
�' X{ the State of Texas, on this day personally appeared Darrell E �Turner,z�
�� a � 7- �'�& a.'.. '. .,•�u �, ., ::-, ,.c .'. �,. b'��'. 2^�k"" ,-�k `�.' ; ..: .. :,i 5�'',�. �`.j..`' ;3�, ,�, -,:mac �.n�}cfi���{
zs0 known to me to be the person whose name is subscribed to the foregoing -"
v,; �'�`'r � 4 ��,5'.f" .. 9f:�.333 i t',, ,.,q�'�t�,.nt"�,'!� i �/, '.��'..... „„,�,�- �!°t •s�i��+-
'inetv.�nnnnt �n.l L.n �nLnnwlndnn� ♦n mn 41'��+ L�n,..Q vn r:�+nil iL�n e��nn ne bic nwn :. k�
subject to, and shall become effectual upon the compliance with
paragraph 11 of aforesaid "Water Rights Lease Agreement" by
including in the deed of conveyance the provisions as required by
such paragraph in such deed from said assignor Cas Grantors) unto
the City of Muleshoe, Texas (as Grantee)
Dated this day
of J `'1986.
THE CITY OF LUBBOCK:
B. C. McM NN, MAYOR
ATTEST:
.� 'RanettI& Boyd, City Secretary
dt�
s
t y j
APPROVED AS TO CONTENT:#�
am Wahl, Director of Water
F�r
STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public, in
and for the State of Texas, on this day personally appeared B. C.
McMINN, Mayor of the City of Lubbock, known to me to be the
person whose name is subscribed to the foregoing instrument and
he acknowledged to me that he executed the same as his own act
and deed of said City for the purposes and consideration therein
expressed and in the capacity therein stated.
EN under my hand and seal of office this the / day
of , 1986.
Notaty Public, State ofVT`exaass
RESOLUTC 0743 - 3/12/81
. .> . Fl= No. 5038 ..
' WATER RIGHTS LEASE AGREEMENT
:• STATE OF TEXAS §
COUNTY OF LUBBOCK § �`
This Agreement
entered into by and between John W. Addink, John H. Fritsch,
r
Charles L. Barton, and F. Edward Stivers, hereinafter called Owners, and the
City of Lubbock, a Home Rule municipal corporation of Lubbock County, Texas, A:`''
hereinafter called Lessee
• ,"
WITNESSETH
,? A
WHEREAS, John W._ Addink, John H. Fritsch, Charles L. Barton and F. Edward
Stivers are owners of certain real property in Bailey County'. Texas, which
• property is more particularly described in Exhibit "A" attached hereto.and
' made a part hereof for all purposes; and
WHEREAS, the said Owners are desirous of leasing the rights to the underground
water located under the land described in Exhibit "A", except'.for such rights
_; to said underground water as may be herein retained by said Owners; and
WHEREAS the said Lessee is desirous of purchasing -the, p ng the rights to the ��.•�-.
underground water located under the land described in Exhibit "A", except for
such rights to said underground water as may be herein retained by said Owners; i
and
WHEREAS, .the said Lessee finds it to be in the best interest of the
citizens of the City of Lubbock to acquire the rights hereinafter granted to >>.
'Lessee; and .� � >• a�u �+ + k,g•� -�, � x�r �mr,�.�„rz � �s,, ���. �
WHEREAS, the said Owners find it to be in their best interest to grant,
the rights hereinafter set out to Lessee
NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS
DESCRIPTION: Owners do by these presents lease and grant yto Lessee��
the rights to all underground water located under the following described.real
a
property situated in the County of Bailey, State of Texas:
'AIT,; ra:r Z. c, M'i.� S F_}h ,�,.a3 id�. t M•'Y.
W_Q 4,1 „.}_All that property described in Exhibit "A" attached hereto and made a a �
a k7.r'r ors3'��, 7a Ar a `✓.yj r`i'�y "•g'a'�in"'sv'"SR+, 7'
Dart hereof for all ourvoses. 11
a combined total of 15U acre
per_year'tor_ irrigation purposes rrom the nine existing wel.Ls on
an
re feet -of water from any additional wells established on.the'property
showing the
consideration o
a.
Cad
2. PURPOSE: The purpose of this lease is to provide Lessee with a
source of potable.underground water during the term of this Agreement and•to
provide Lessor with a market for such potable underground water during the
term of this agreement.
3. TERM: This lease shall take effect upon the date of execstion
hereof by all parties and shall terminate ten years after the date upon which
water is first made available by Owners to Lessee at the location indicated
upon a map attached hereto as Exhibit "B" and made a part hereof for all r '
`purposes. Such date shall be agreed upon by Owners and Lessee and shall be
reduced to writing and placed on file at the office of the City Secretary of
the City of Lubbock. If Owners have not delivered to Lessee at least 13,500
acre feet of water by the normal termination date, this agreement shall remain
in effect -until -such amount of water has been delivered to Lessee.
4. IMPROVEMENTS: As part of the consideration flowing to Lessee and as
an inducement for Lessee to execute this document, Owners agree to undertake
the following: . z
•aw. 's''bd r 'i�'fifirk �, t) -e,R, s
(a) To construct a [pipeline gathering system for purposes of transporting
.'P ,{a:, n: '#s.-•`�' 'xF ,V+�1
said underground water to the location indicated upon the. map attached:;
hereto as Exhibit "B".
(b) To modify existing well construction to meet the presently existing
State Health Department regulations. The modifications so required have
been reduced to writing and are attached hereto as Exhibit "C", and made
a part hereof by this reference.ON 43#
a txt� ,
(c) To construct said pipeline in such a manner as to allow it to be,
coupled into the pipeline to be constructed by Lessee to the point inal
-r.fi +C Yw'w.�°"
cated upon the map attached hereto as Exhibit "B"�w�J,, �z
(d) To convert all `pumps on existing wells to "water lubed" pumps anstead
�z x,
Mvx-
6 of "oil' lubed" pumps
rk, +.ur" f of sss5s t` Aa,'1f tE a § « Yiaf zx'w s �.-
{- Hai ;.a-•Xau k� �'.Ya-.,dm-•. ,�'.? r .,x-,., ,, s�" Z$
(e) To install "water lubed" pumps on any new wells that may be installed
iis4+.::sa�w',�.4,.t.i�i{�7"ia"'Ask-YtA„.M��F„'.e"S',�� w.
during the term of this agreement All equipment, pumps, pipeline and
_ b ..• . '... _: . : ^ '' y% �"�i� 1? �?^."�•i F� � - 6 iP ; ) � 'Sa ]4^
zrt r accessories are the property of the Owners yRb:�a
,•_, llUTl�S uY UWNSM51 , (Owners agree
obligations`'as :part`of the'consde
ement
or water ner vear a
ivery during the ternx
a r 4
:r
water availability to Lessee set out in Paragraph 3 above, subject to the
provisions of Paragraph 7 below.
(b) To be responsible for installation, maintenance and repair of all
pipelines and pumps on Owner's property necessary to meet the requirements
of this Agreement.
(c) To provide the labor and power costs necessary to provide'a flow
rate equivalent to 70 percent of maximum well capacities during'May to
September during the term of this Agreement following the date.of first
delivery of water to Lessee.
(d) To provide Lessee a written statement of maximum average summer well
capacity during the month of January of each year of this Agreement
following the date of first delivery of water to Lessee. The maximum well
capacity is not to exceed the design pump capacity.
•6. DUTIES OF LESSEE: Lessee hereby agrees to undertake the following -
ties and obligations as part of the consideration flowing to Lessee pursuant
to this Agreement:
(a) To take a minimum of 1,350 acre feet of water per year during the
term of this Agreement following the date of first delivery of water as
described in Paragraph 3 above, subject to the provisions of Paragraph 7
below.
(b) To .pay Owners one hundred dollars ($100.00) per acre foot of water
delivered to Lessee's pipeline within 45 days of delivery. This price`
is to be adjusted each six months after January 1, 1981, to reflect 30
percent of change in Consumer Price Index (CPI) and 50 percent of change'��,�}$
in electrical tosts with fuel adjustment of Bailey County Electric Co-opsS;?ri�vk
This shall be computed as set out
"Zin Exhibit "D" attached hereto an
M. r f k'.,tx':xt�.y -ar5a3
i6
made a part hereof.
(c) To pay Owners one hundred fifty thousand dollars ($150,000 00) after
execution of this document by all parties hereto and receipt of a performance
bond from Owners as is hereinafter set
� � _. .,, a r�r z' ti3.�' :e 9 � _ '#✓� ..,,,�,yr� r�2»,. � 2 r_.,. rc_t" n .�j.; �4�a,
:rr (d) To pay Owners an amount equal to the cost of the performance bord
required under this agreement
K
(e) To pay all cost and expenses
r resistance fence and/or the installation of any
"5�2 �� V-.
�. m.._
using if the same are or become required or neces
equipment snail be property or the city or LnbbOCK
P r
f �A
- (f) To provide owners a written statement of estimated monthly water
:.purchases desired during February of each year of this agreement.
i 7. JOINT AGREEMENTS: All parties to this Agreement as part of the
consideration flowing to each agree to the following:
(a) Notwithstanding anything to the contrary set forth in this agreement,
"
if Owners are unable to deliver as r much as 1,350 acre feet of water pe,
imoY .
year because of lack of existing well capacity, there shall be no liability
nor penalties on the part of Owners and no requirement that Lessee must ~"
pay for more than the amount of water delivered. Owners shall not be required,
to drill or establish any wells in addition to the nine presently existing
in order to meet their obligations hereunder.
(b) Wells located on the east 240 acres of the property described in
Exhibit "A" attached hereto shall.not be required to produce more water
than would be required to irrigate a crop -of wheat, corn or alfalfa on
-..:. 4
said 240 acres. This requirement shall be deemed to have been met with
an annual water production of not more than 240 acre feet of water per
year u'If owners are unable to deliver said amounts of water, Owners �- shall
F
have no further liability and Lessee shall pay only for 'the water
actually delivered.kk*,
(c) Lessee, by and through its employees, agents and representative,
.:. ..:.; . ,. „;year• _ :,,�. ,
have personally inspected the well field site and have conducted such
tests as are necessary to satisfy Lessee as to the availability, quality•
and quantity of water available, it being understood and agreed that Owners
i� do not guarantee water availability, potability, quality or quantity
Lessee is not relying upon any representations of warranties of Owners with .: ..
regard thereto. Lessee is familiar with applicable state and local laws, F;
rules and regulations and is satisfied that the obligations of the parties .'
z:
NN
r �s
hereunder are consistent therewith and Lessee's obligations hereunder fi
t�M shall in no way be nullified by reason of anysuchlaw, rule or regulation
'x's '`B
�¢ The expense of any treatments or tests necessary to obtain or maintain' y .
''t" ``x , fa.r-s ,. .i .is �' �•M` ,, 4 C ra. :.; .. r .p., S�" SLs
R xv3't;�h'$'' { i l' `�L•'s.s.. " .t^ ,
?��
'potability will be born by Lessee .Owners promise only to deliver the •.er
pERFORMANCE BOND The Owners shall be"required to furnish a:
"�.0 .�i- 6.#i�ery 53::,�`xY'�, ,cF,�'.�' K` tzf,°s`,.t;,
nd in the amount of ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000
and shall be submitted upon forms provided by Lessee and execute
F �n
_Y ``tea a..` �„;zY �,' F
X4
is further agreed that this contract shall not be effective nor shall Owners
VF,40
c� Tin
7's
be paid the amount specified in Paragraph 6(t) above until such time as the _x*.ZQ0 e"j.,,.
a
aforementioned performance bond has been duly executed and filed with the City
'Secretary of the City of Lubbock.
9. ENVIRONMENTAL AND HEALTH COMPLIANCE: Owners hereby agree to disinfect
wells as provided in the specifications for water supply wells. Owhers agree
to disinfect wells in the future as requested by Lessee it Lessee's expense.
10. OTHER PARTIES OF INTEREST: The following corporations, partnerships
and/or persons hive an interest in all or a portion of the land subject 'to•
this lease agreement:
Travelers Insurance Company
Citiiens State Bank, Lincoln, Nebraska
If for any reason other than lack of water available upon the land, Owners are a.
n
50
: , U.!,.
unable to meet the requirements of this lease agreement, then the persons
bereinabove named who are signatory to this agreement, hereby agree to be
bound by the terms of this agreement and to honor this agreement in accord
A -
with said terms.
11. AGREEMENT RUNNING WITH THE LAND: This agreement between all parties
signatory hereto shall be a condition and covenant running with the land
AV.UQ;
R
described in Exhibit "A" attached hereto and shall further constitute an M.4
U
-equitable servitude thereon and shall bind Owners and Owners' heirs and successors
in title to such land. Any further conveyance of the land described in Exhibit
"A" hereto shall contain this covenant and equitable servitude. It is' ftriber",
4
0 U",
an,
W.F.,
agreed by all parties thereto that this condition, covenant and q'itable
�w
servitude shall terminate upon the expiration of this lease agreement according
to its terms.
'54
-- W4 L
12.- RIGHT TO ENTER AND OPERATE WELL FIELD: If for any reason Owners 'or of n
their successors in interest fail to continue operation , of the wells situated
0
upon the, property specified in Exhibit * A" hereto during the term this
agreement, Lessee shall haves* the right to enter upon --said property ana. to
7.�
UW_
operate said -wells -without being deemed guilty of triipass and withoutr ce
to any
tes
to
=I
to reduce the payments made to Owners
or their successors in interest b� the
amount of the actual expenses of such
operation.
EXECUTED THIS 12thDAY OF
March 1981.
.�' �4 Zte`• r
r ..OWNERS:
THE CITY OF LUBBOCK:
j �� 4 y
// Imo//`.• J(q//A/'
Dr. John Addink
BILL McALIS ER, MAYOR
Dr. Charles L. Barton
-r
D John H. Fritsch
Dr. F. Edward Stivers
•; +"'� D ''•
I.
ATTEST:
ATTEST:JJ �••:
`=.
Evelyn Galfiga, Cit kfAX -Treasurer .
�'�
r OTHER PARTIES OF INTEREST APPROVED AS TO FORM ,; ........'` •.� ; ;
............ �a
4".�
Travelers Insuranc. Company Dona d G. Vandiver, Asst. City Attorney
(R. L• Buzard) Vice President fi"-
ATTESTc AP OVED'AS TO ONT NT:
? m
R. M. W )Secretary fSam Wahl, Director of Wat r Utilities
� 'C . �i�^
y stff 3 x✓araa?
Citizens State Bank, Lincoln,
Nebraska����
F" ' �.clrr .x• '�dT•a�
e; �> aN .�� a,x'#�r Fs �3rr'yri"y�ti"c: � { ' ca•¢iir`'�s'�2rxw.. � ate' ' "a�ATTEST-
..u, r%�'<//i� �� +ems 3. �v S�r +: N7�*' Yi,a• � � ���v,�'TM� ��'s, � `c�.
a``' ! •� � �^% ..W�ru}. i � �i+
xr aq
P
ACKNOWLEDGMENTS '.
STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public, in and for Lubbock
County, Texas, on this day personally appeared Bill McAlister, known to me to
be the person whose name is subscribed to the foregoing instrument and he,
acknowledged to me that he executed the same as his own act and deed ,.€or the.
purposes and consideration therein expressed and in the capacity therein'
stated. }
GIVEN unde my hand and seal of office, this the / CO;-- da c1981.
Notary Public in at; f�r...,.•,'�U' '
Lubbock qounty, Texas,i�
STATE OF Nebraska' §%J
COUNTY OF' Lancaster §
BEFORE Me, the undersigned authority, a Notary Public, in and for
Lancaster County, Nebraska , on this day per-
sonally appeared John W. Addink, known to me to be the person whose name is
subscribed to the foregoing instrument and he acknowledged to me -that he
executed the same as his own act and deed for the purposes and consideration +
therein expressed and in the capacity therein stated.
u
GIVEN sunder my hand and seal of office, 'this the 16th day of �'��,�
March 1981. Y�?
GAYI> NEAMSRggd Notaij Public in and for
M7Comm.fx0• Lancaster County, Nebraska
STATE OF Nebraska §
COUNTY OF Lancaster §
BEFORE ME; the undersigned authority, a Notary Public, in and for
Lancaster County, Nebraska , on this day
personally appeared John H. Fritsch, known to me to be the person whose name is
subscribed to the foregoing instrument and he acknowledged to me that he'.
executed the same as his own act and deed for the purposes and consideration c
therein expressed and in the capacity therein stated. �r �s. t
GIVEN under my hand and seal of office, this the 16th day of
-March 1981.
-
Notary Public in'-"
Hartford COP'Ot
V.,
OR 4k P"
A
lb:
I -A
"PYHTEIT
A"
All of section 18 and section .35 and a 1.)srt of tho 1.1--st pc:,rt of Section
38 described as rolloWs:
EEGII:TNLING at the Northwest corner of Section 28;
South along the West line of Section 39 a distance of, 5,280 feel,
to an IP set for the Southwest corner of said Section-
Tr�NCE East .10, the South line of Suction 33 a distunc:6`GIJf'-'
I _.L, 32U feet
to an IP set for corner;
THENCE North and parallel with the Vest line of Section 33
°a distance of
33v feet to an IP set for corner;
7-rr-ENCE East and parallel with the South line of Se2ction 38 a distance
'y
of 1, 301.4 feet to an IP set in the, test riCjhL-of-'V:-Y line of :;State: tat
Al
Highway 214; M 71HEINCE North along the West of "State ILLUbway 214
n�iT,4 g gm
a distance of 2,970 feet to an IP set for corner; 41
N
TIHEVCE West and parallel frith - the North line of Setion .s8 a at stance
of 1,320 feet to an IP.set for corner;
7-r=NcE North and parallel with the West ric a ;ht-of-w y line of State
Highway 214 a distance of 1,980 feet to an IP set .in.the Morth lifi=,
g VOR g,
.section 38;
THE -NICE West along the North line of Section.38 a distance of 1,s45.82
feet to the place of beginning and containing 25 out
acres of land, more
or less, all of the above described land being out of Bloc',, Y, 11. 'D.,
and F. W. Johnson Subdivision, Bailey County, Texas, and compri ses an
aggregate of 1,531.34 acres of land, more or les
s
ui
t..
�MA.
` •.*`e,%,41 ..9 ,3 °T t� -a t � �g
aQTs. - - �_=a ti •. �
. - ; ��' �. +1�, ��3 ( ,tea 's: 38y1,".�,,,�'�,p1`� � � • o - � '`F
<F11µ+"�� .e+•FC �i� �• Ag •v*•;: �"�',}V '�� -'�` 1 : M � y�Alr - _
•� h• ' � :� yG' , � �'�..'t Sty.. #,;�} 'S.,;r,;ya:. '�, n.c`�a�. trs%, R° .'k• e ,h tll
s �},Ai F '�'" :..a (+➢e 4 .�4'�� y. "u i.-' p.1000 y._. • . s
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TIC
nine existing wells , ; - - •EXHIBIT "8"
Oconnectionyof Owner's pipeline to Lessee's pipeline$#
��#3�.� 5-�j l+ i R� a r Fy+.:. }.•� x X, .. t` i'.
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No Text
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• - ..1. �.R6y� % }' L• I X� VT)'?
x
.003. Water. Sources.
.:
(a) Water quality. The quality of water to be supplied must "`
meet. the approval of the Texas Department of Health, and�<
"`•' sch auroyal will be based upon the quality criteria %
pp p
prescribed by the Texas Board of Health.
(b) Water quantity. Sources of supply, both round and surface * "
,r q PP yr g
shall have a safe yield capability of supplying the maximum
daily demands of the distribution system during extended
periods of peak usages and critical hydrologic conditions.
�•:s
The pipe lines and pumping capacities to treatment plants or
distribution systems shall be adequate for such water
delivery. Minimum capacities required are specified in Rule
.007. -
(c) Groundwater sources and development.
(1) Ground water sources shall be so located that there
will be no danger of. pollution from flooding or from
insanitary surroundings, such as cesspools, privies,
sewage, livestock and animal pens, solid waste disposal
sites, or abandoned and improperly sealed wells „ -
�x (A) No well site which is within 50 feet of a tale or
„.,f r F concrete sanitary sewer, septic tank, or storm tYz
sewer, or which is within 150 feet of a cesspool W
or septic tank open -jointed drainfield will be
acceptable for the development of a public drink
ing water supply well. Sanitary or storm sewers
constructed of materials as specified in .005(c)(1)(A)';
may be located at distances of less than 50 feet+x
from a proposed well site provided that written
approval from this Department is obtained prior to
construction of the well. -R '
Ufa, k' (B) No well site shall be selected which is within 500
a feet of a sewage treatment plant or within 300
Feet of a sewage wet well, sewage pumping station, r max t
ry zs a
or a drainage ditch which contains industrial r*s
$� l waste discharges or the wastes from sewage
;4 9 �,7r ment systems;
^e�i�'�7�e�+..,��: y.J �./S �. 8 €t "p'�'ir� "' -s :: ,�.. �, ..," ..., � .r �j-• r.�y._�'��` '"�>�'`,��'r �y, .
No water wells shall be located within 500 feet of,
animal feed Lots, solid waste disposal sites
'lands irrigated by sewage plant effluent.a ;a
t.k?3,:a
-'Livestock in pastures shall not be allowed within
50 feet of water supply wells.",f �„ •, k ti
F
n,
�W
51
4
.003. Water Sources. (Cont.)
Abandoned water wells in the area of a propd-sed
source shall be plugged and sealed properly to
M X
prevent possible contamination of fresh water 4".4
strata. The procedures and methods to be followed
in plugging and sealing wells shall be obtained
from the Texas Department of Water Resources,
Austin, Texas.
.(F) A sanitary control easement covering that portion
of the lands within 150 feet of the well location
hall be secured from all such property owners,s.
recorded
and in the deed records at the county courthouse. The easement shall provide that none,
of the pollution hazards covered above of any
facilities that might create a danger of pollution
-p
10 to the water to be produced from the well will
located thereon. Copies of the recorded easements
.............
shall be submitted with plans and specifications
submitted for review.
(2) The premises, materials, tools and drilling equipment
shall be maintained so as to minimize contamination of
the underground water during the drilling operation.
(A) Water used in any drilling operation shall be of
safe sanitary quality.
(B) The slush pit shall be constructed and maintained
so as to minimize contamination of the drilling
Mix a. YFti(C) Approv b Approvedtype privy or toilet facilities shall e
provided for use of personnel during drilling
4 51
9" operations, and these facilities must be located
at least 150 feet from the well being drilled.
After construction of the well has been completed,
—,M Mt
ti,* these facilities, if temporary, -will be abandoned 5,1,
or removed in a satisfactory manner. No temporary
sanitary facilities shall be maintained within 150
. .. ...... . feet of he t 7
well being constructed unless they are
of a sealed, leakproof type.
d7
(3) Drilling records and material setting data'shall be
maintained accurately and copies made' available to the
foL
own er, as well as State agencies requesting this in t on. �1
XY1
"-Z
(A rt The Texas Depament of Health shall be furnished
V, a copy of well material setting data, geologic
r&
log, sealing information (pressure cementing and KV
surface protection), disinfection information,
bacteriological sample results and a chemical
analysis report of a representative sample of
water from the well.
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a
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.003. Water Sources. (Cont.)aZ yvr'
(B) Thq casing material used in the construction.of^ r*
we for public use shall conform to AWWA Stan-
dards. Refer to rule .001.. Glossary of Terms.
:,The casing shall extend to a point 18 inches above the elevation of the finished floor of the pump
room or natural ground surface and a minimum of 1
inch above the sealing block or pump motor foundation as '
block, when provided. The casing shall extend at
least to the depth of the shallowest water formation,
to be developed and deeper, if necessary, in order ;R
to cut off all undesirable water -bearing strata. x a
: b 1 �
3c (C) The space between the casing and drill hole shall
be sealed by using sufficient cement under pressure
to provide for completely filling and sealing of
the annular space between the casing and.the drill ttt
*f Ni hole.' The well casing shall be cemented in this 't y
manner from the top of the shallowest formation to?" 3a
be developed to the earth's surface. 'Where the
a ak
top of the water -bearing formation is less than SOr 1 ?
feet, special treatment facilities, in addition to
chlorination ahead of storage, with a minimum 14i
detention time of two hours, may be required, 4 d "
.m depending on local Conditions. y, �ry
�6
(D) When a gravel pack well is constructed, all gravel' `
bethoroughly shall be of selected and graded
treatedrithaa50 mg/lichlorine
hall,
+_ solution to insure disinfection as it is added to
'the well cavity.
'ed4� bk fxiY �^b~1i'�xyac+n .,a-., 4 ;' �' f i ,' •i,. k d+'"-�F'g°�4yw;
N
In all cases, a concrete sealing block extending+f,
at least 3 feet from the well casing in all
of 6 and
idrain tless
#
x
foot shall be provided around the well head.F�{tw
ION,
. �w ,u ,,,. ,...• ..:; .'• ,.. � fr :1 L� eF�`.S��.V � s�A�ha '�h
+adr�s� ���(F) Well heads and pump bases `shall be sealed by the
,x
use of gaskets, sealing compounds, and properly
vented to prevent the possibility of contamination
w a of the well water. k well casing vent shall be
provided with the opening' screened with 16-mesh
finer corrosion resistant screen and faced doa-nward-, A
a5 td x and located and elevated so as to minimize the a,
Re�k drawing of contaminants into the well
Safeguards shall be taken to prevent possible, K
<.� x
��,��� ,�� ,�• contamination of the water or damage by trespassers
x �F following the completion of the well and prior to
tom; installation of ermanent um in a ui went
77
.003. Water Sources. (Cont.
71
rr��JJ
(H) Upon completion, the well shall be disinfected in accordance
with current AWWA Standards for well disinfection. Refer to
rule .001. Glossary of Terms.
: (i) After the water containing chlorine is completely
flushed from the well, -samples of water shall be collected -
}� daily and submitted for bacteriological analysis until
three successive samples submitted shall be free of
coliform organisms, prior to placing the well in service.
(ii) Appropriate facilities for treatment of the water shall
be provided where a satisfactory bacteriological record
cannot be established after repeated disinfection. The
extent of water treatment required will be determined
- on the basis of geological data, well construction,;
14
features, nearby sources of contamination and perhaps
on the basis of quantitative bacteriological analyses.
(I) A complete physical and chemical analysis of the water w'
produced from a new well shall be made after 34 hours -
continuous pumping at the design withdrawal rate. If the
analysis reveals that the water from the well -fails to meet the water quality criteria as prescribed by the Texas Board
of Health, including turbidity, color and threshold odor °u +
limitations, or shows excessive hydrogen sulfide, carbon';,;.,;
F
dioxide or other constitutents or minerals which make the
water undesirable or unsuited for domestic use, appropriate
treatment shall. .be provided. a<� 0:'=.�`:"��3���r��r
(J) A suitable sampling cock shall be provided on the discharge —"
pipe of each well pump. }Ian y r
t
(K) If a well blow -off line is provided, it shall' slope downward
and terminate at a point which will not be subject to sub-
mergence by flood waters. 4
... • fir„ • .,::..; ;.::: <.
(L) Flow measuring devices shall be provided to measure production
yields and provide for the accumulation of water production
data. These devices shall be so located as to facilitate
ease of daily reading. Systems with an ultimate development
potential of SO connections or less shall be excused from ,
this requirement, although flow measuring devices are still
recommended.
All completed well units shall be protected by intruder
` resistant fences, the gates of which are provided with
locks, or enclosed in locked, ventilated well houses to
exclude possible contamination or damage to the facilities
z"sew �� by trespassers xgg3�r
x,,.,:,a�cx�<.rr_�.i�rfu.;��:,,.. ..,._. .,.,.:-.-..'',�4;c-....,��s,...k....„_:...sra.;`e'ag�*:�stu�+r}��:'�.�•.-.•
�.
" iz
.003. Water Sources. (Cont.)
/ Z PIC
(N) Subground level pump rooms and pump pits will not be -allowed
in connection with water supply installations. The pump:_.
room floor shall be at least 2 feet above the highest known
$J: watermaark and/or protected adequately by levees from possible ;.-
a damage by flood waters.
&.
(0) The well site shall be fine graded so that the site is free
' from depressions, reverse grades or areas too rough for
proper ground maintenance so as to assure that surface water
will drain away from the well. In all cases, arrangements
shall be made to carry off the drainage from the well pump,
leakage from packing glands, and floor drainage. Suitable `'`'
drain pipes located at the outer edge of the concrete floor
shall be provided to carry off this water and prevent its
ponding or collecting around the.well head. This waste' -•:
water shall be disposed of in such a manner so that it will
not cause any nuisance from mosquito breeding or stagnation.%•~
Drains shall not be directly connected to storm or sanitary
sewers.
(P) An all weather access road shall be provided to each well
site.
>�;
(d) Surface water sources and development. Nr:.€
(1) An evaluation shall be made of the proposed surface water impoundment
or flowing supply in the area of diversion and its tributary
nrx f streams to determine the degree of pollution from all sources � _
'.within the watershed rON� � R.,
(A) Where surface water sources which are subject to continuous
contamination by municipal and industrial wastes and/or
treated effluent are contemplated for development for public
water systems, the adverse effects of said contamination on<y
the quality of raw water reaching the purification plant
shall be determined by sanitary surveys and laboratory
procedures and findings submitted with planning material.
These findings will then be used to determine whether or not
{;•',, the proposed raw water intake is adequately separated from
all contamination sources.�A '' �$t
(B) The disposal of liquid or solid wastes from any source on ,
the watershed must be is in conformity with applicable�s
regulations and State Statutes,
(C) Shore installations' marinas, boats and all habitations,on F�r
the watershed shall provide satisfactory sewage disposaPAV
l
^z r a„ facilities. Se tic tanks and soil absor tion fields tale
or concrete sanitary -sewers, sewer manholes or other approved
�,��y�•r����5 toilet facilities shall not be located in the area within JS
R
v�;� r feet horizontally from the lake water surface at the uncontrolled
W "'spillway elevation of the lake or 75 feet horizontally from A
Fn
the 50 year flood elevation, whichever elevation is lower.3x
.r._ _ rat` c.. _...d1Sv -kor.4an4Rf"1 J. tEaH»r.::. - -. _..- , .•4.... .� _. _ ........ wnw_x..... ,,. .,. ..iM.mA & � 52 f-e. M�........� - x
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ay
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46,
_
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Lh
EXHIBIT D40
`.
For calculation of base
water rate adjustment.
1.. Assume on July 1, 1981 C.P.I. increases 4%
Y , Y Y p Z._.:Assume on Jut 1 1981 Baffle Count Electric Co-0 has
> 3 increase
s .
,'g
k- tit
t.-:
"0.30
x O.W x $100.00
_
1.20/Ac.-Ft.
increaseaA
0.50
x 0.03 x $100.00
1 50/Ac. Ft.
increase , .
xj& `&�%tal
adjustment to base
rate �� _
2.70/AcI Ft.
increase #
c ",$y-r , --:s sT 3` _ ` 5A•"5?3. 1+ -," 'u, -0+.ii fit- 7"'9:`y,' - 4s'+ -
Z.
..t
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tN,
tx
"�h45 t�y'is t.,r•M a 'rn ,!E c^v z ✓..t�Pt�gt
--ruff+ Y a AMs. t •. k' a �, c�+£3.�+'�LSI i
-------------------------- ------------------------- ----
STATE OF TEXAS
COUNT>'.OF BAILEY. f Y x
1, Hazel Gilbreath, Clerk of•the•County Courtin and for said County,
do hereby certify that the, foregoingi instrument •was Died for Record in: my
MX
office on the.22nd day. of r._,. May. ..,.A.D. 19.8i..., at a
1.._QO.. o'clock _.. .. w )Ka
k, ..1..M.. and. Recorded -on,the . .. day of,....... y a ,
--A.D.- 19:..?51,,tn I2 �.Slr.Records Af $alley. County, Vol. _.. ?� `' " �� � ¢2
Page ?.5!�.3.70 ���, � � �
WITNESS MY HAND SEAL xt my .offi�a trt'rAuleshoe Texas
,
the dayland r*
year last above writteA.n ,F
`oorir r HAZEL CIMEATH, •
g, Clerk of County Court bailey County, Texas .°
?:f
..:,fit=ln.,*� _.;;.,��nr'?�.°^.l`.:� ,�-i _.. sar'�3'`.r'#.-,-::.... `° , . .::.. _ ._... .:.,-.,.a ;__�:: �, .•....�.,k' x.. �.. 6.,.. ..x#roc ._ .