HomeMy WebLinkAboutResolution - 112267A - Warranty Deed - Marion T. Key - Industrial Park Addition - 11_22_19671�
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RESOLUTION
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 Warranty
Deed, in favor of Marion T. Key, Trustee, 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.
FORM APPROVED:
, jr.,
WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of Lubbock, a Home Rule Municipal Corporation of
.Lubbock County, Texas, acting by and through its heretofore duly author-
; zed Mayor, for and in consideration of the sum of ONE and N0I100 ($1.00)
,DOLLARS cash plus other good and valuable consideration to it in hand
I aid by Marion T. Key, Trustee, of Lubbock County. Texas, the receipt
sufficiency of which is hereby acknowledged and confessed, has
iRANTED, SOLD and CONVEYED, and by these presents does GRANT,
LL and CONVEY, subject to the reservations and exceptions hereinaf-
Or made, unto the said Grantee, Marion T. Key, Trustee, all that certain
tlt, tract or parcel of land located in Lubbock County, Texas, and being
Oore particularly described as;
4'.
All .of Lot. One (1) Allan industrial Park Addition to the City
of Lubbock, Lubbock County, Texas.
It to, however, understood and agreed that out of the property described
above is excepted and reserved the following:
A. All visible easements and easements of record in the County
Clerk's office, Lubbock County. Texas, affecting the property
herein described. including an easement for a water well line,
which easement is approximately 91 feet west of and parallel
with the east line of such property, together with the right of
ingress and egress for the purpose of repairing, replacing,
reconstructing and servicing said water line; and
B. All outstanding royalty or mineral conveyances or reservations
affecting the above described property as shown by the County
Clerk's office of Lubbock County, Texas; and
C. Reservation and Retention by Grantor, its successors and
assigns, of all crop allotments pertaining to the subject property;
and
D. The reservation of all water rights under the subject property,
save and except for the conveyance of title to a water well, which
conveyance is conditioned hereinbelow.
TO HAVE AND TO HOLD, the above described property and premises
together with all and singular the rights and appurtenances thereto in anywise
belonging unto the said Grantee, his heirs (and assigns forever; and Grantor
does hereby bind itself and its successors 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 any part thereof, this conveyance being made and
accepted subject to the Exceptions and reservations set out above.
It is expressly agreed that title to the water well located within
the boundaries of said above described property is hereby conveyed to
Grantee,, and that the Grantee shall be permitted to use water from said
wells however, it is expressly provided that such production and use is
to be .limited to the formation and Strata .from which water is now being
produced, and that no water is to be used or produced from any other
strata or formation. It is anticipated that the water hereby conveyed
will be depleted from the formation from which it is now being produced
and that Grantor will at some :time in the future store water in and re-
charge the .said formation. This conveyance of title to the said vrater
well and any water rights appertaining thereto is made on the expressed
condition that at the time Grantor commences restoring or recharging
operations in any area within a radius of 1 and 112 miles from the lands
herein described and conveyed, Grantee, any successors and/or assigns,
will discontinue the production of water from such formation, and any
and all above .conveyed water rights shall at that time revert to Grantor,
and from that time Grantee shall have no rights to the water well or
water in any strata or formation. This condition shall be fulfilled upon
the riling of an affidavit by the City Manager of the City of Lubbock,
Lubbock County, Texas, in the deed records of Lubbock County, Texas,
stating that recharging or restoration operations have commenced.
WrrNESS MY HAND this 7--.day of f A. D.
1967.
_TS W, Vi. ROGERS, .JR., MYOR
ATTEST:
Lavenih Lowe, City eeretary-Treasurer
IMFORE ME, the undersigned authority, a Notary Public in and for
said County, Texas, on this day personally.'appeared W,t. D. ROGERS. JR..
known to m to be the person whose name is eubsciribed to the foregoing
instrument and acknowledged to me that'he executed the same as the act
and deed of the CITY OF L.UBSOCK and as Mayor thereof, for the purposes
and consideration therein expressed, and in the capaeity,therein stated.
GIVEN UNDER MY HAM AND PEAL OF OFFICE, this
day of
19 67.
Notary Public in and for
(SEAL) Lubbock County, Texas