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HomeMy WebLinkAboutResolution - 4538 - Easement Conveyance & Assignment - BRA - John T Montford Dam & Lake Alan Henry - 07_14_1994Resolution No. 4538 July 14, 1994 Item #17 RESOLUTION WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality (herein called "City") has been requested by Brazos River Authority, a River Authority of the State of Texas, (herein called "BRA") to convey and assign to BRA certain easements for the construction, operation and maintenance of John T. Montford Dam (formerly called Justiceburg Dam) and Lake Alan Henry (herein called "Project") to be built by BRA on the South Fork of the Double Mountain Fork of the Brazos River in Garza and Kent Counties, Texas; and WHEREAS, City is agreeable to complying with the request of BRA to expedite and further the Project in the interest of the City and its citizens; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is herby authorized and directed to execute for and on behalf of the City an Easement Conveyance and Assignment from City (as Grantor) to BRA (as Grantee) in the form as submitted by BRA, 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 the ATTEST: Betty A Johnso City Secretary APPROVED AS TO CONTENT: Terry Ellerb ook, Interim Director of Water Utilities APPROVED AS TO FORM: arold Willard, Assistant City Attorney HW:agkxdom\BRA.rea rev. June 22, 1994 Resolution No. 4538 July 14, 1994 Item #17 EASIIKIIIT CONVEYANCE THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTIES OF GARZA AND KENT § That the CITY OF LUBBOCK, TEXAS, a municipal corporation of Lubbock County, Texas, hereinafter called "Grantor", for valuable consideration, receipt of which is hereby acknowledged, has Granted, Bargained and Conveyed and by these presents does Grant, Bargain and Convey unto BRAZOS RIVER AUTHORITY, a river authority of the State of Texas, hereinafter called Grantee, whose address is 4400 Cobbs Drive, Waco, Texas 76710, an easement over, upon and across the tracts of land described on Exhibit "A", attached hereto and incorporated herein, for Grantee's employees, agents and representatives to enter upon and occupy the herein described premises, as necessary, for purposes of inspecting and patrolling the said premises and enforcing thereon all applicable laws of the State of Texas and all duly adopted regulations of the Grantee. This conveyance is made by Grantor and accepted by Grantee subject to all outstanding mineral interests, royalty interests, easements, leases, agreements, reservations, restrictions, ordinances, covenants and encumbrances of record in Garza and Kent Counties, Texas, which affect or pertain to the herein described premises. All rights granted herein shall remain in full force and effect for as long as Grantee operates and maintains the John T. Montford Dam and Lake Alan Henry under the terms and conditions of that certain Water Supply Agreement by and between Brazos River Authority and the City of Lubbock, dated May 11, 1989, and all amendments thereto. Upon termination of said Agreement, said easement with the rights granted herein shall terminate and revert to Grantor and Grantor's successors and assigns. -1- TO HAVE AND TO HOLD the above described easement and rights, together with all and singularly the rights and appurtenances thereto in anywise belonging unto the said Grantee and Grantee's successors and assigns forever, and Grantor does hereby bind itself, its successors and assigns, to Warrant and Forever Defend, all and singular the above described easement and rights unto the said Grantee and Grantee's successors and assigns, against any person whomsoever lawfully claiming, or to claim the same, or any part thereof, subject however to the matters stipulated herein. EXECUTED this the 14th day of ATTEST: Betty Johnson, City Secretary THE STATE OF TEXAS § July THE CI OF (GUBBO B David R. Langs on, Ma "Grantor" 1994. COUNTY OF LUBBOCK § THIS INSTRUMENT was acknowledged before me on the day of -J.I , 1994, by David R. Langston, Mayor of the City of Lubb ck, on behalf of said City and in the capacity therein stated. 1 II)pjSETHWALKER Notaf7y Public in and for the WIPP State of Texas -2- APP OVED AS TO CONTENT: Terry Ellerb ok, Interim Director f Water Utilities APPROVED AS TO FORM: gaa -l'/�&4d will, Assistant City Attorney 6/13/11883 -3- PROPERTY DESCRIPTION LAKE ALAN HENRY BRAZOS RIVER AUTHORITY Property No. WHA 1: BEING a tract of land consisting of all of Sections 71, 72 and 78 and a portion of Section 70, Block 5 of the H. & G. N. R.R. Co. Survey in Garza County, Texas, and being all of that certain 2207.27 acre tract of land conveyed by Carol Sue Reed to the City of Lubbock by deed dated September 27, 1990, and recorded in Volume 192, Page 155 of the Deed Records of Garza County, Texas, to which reference is herein made for a full and complete description. Property No. WHA 2: BEING a tract of land out of Section 55, Block 5 of the H. & G. N. R.R. Co. Survey in Garza and Kent Counties, Texas, and being all of that certain 71.66 acre tract of land conveyed by Billy Huddleston, a/k/a Billy Don Huddleston, to the City of Lubbock by deed dated October 4, 1993, and recorded in Volume 215, Page 254 of the Deed Records of Garza County, Texas, said deed also being recorded in Volume 212, Page 161 of the Deed Records of Kent County, Texas, to which reference is herein made for a full and complete description. Exhibit "A" Resolution No. 4538 July 14, 1994 Item #17 EASEMENT CONVEYANCE THE STATE OF TEXAS $ KNOW ALL MEN BY THESE PRESENTS: COUNTIES OF GARZA AND KENT § That the CITY OF LUBBOCK, TEXAS, a municipal corporation of Lubbock County, Texas, hereinafter called "Grantor", for valuable consideration, receipt of which is hereby acknowledged, has Granted, Bargained and Conveyed and by these presents does Grant, Bargain and Convey unto BRAZOS RIVER AUTHORITY, a river authority of the State of Texas, hereinafter called Grantee, whose address is 4400 Cobbs Drive, Waco, Texas 76710, an easement over, upon and across the tracts of land described on Exhibit "A", attached hereto and incorporated herein, for Grantee's employees, agents and representatives to enter upon and occupy the herein described premises, as necessary, for purposes of inspecting and patrolling the said premises and enforcing thereon all applicable laws of the State of Texas and all duly adopted regulations of the Grantee. This conveyance is made by Grantor and accepted by Grantee subject to all outstanding mineral interests, royalty interests, easements, leases, agreements, reservations, restrictions, ordinances, covenants and encumbrances of record in Garza and Kent Counties, Texas, which affect or pertain to the herein described premises. All rights granted herein shall remain in full force and effect for as long as Grantee operates and maintains the John T. Montford Dam and Lake Alan Henry under the terms and conditions of that certain Water Supply Agreement by and between Brazos River Authority and the City of Lubbock, dated May 11, 1989, and all amendments thereto. Upon termination of said Agreement, said easement with the rights granted herein shall terminate and revert to Grantor and Grantor's successors and assigns. -1- TO HAVE AND TO HOLD the above described easement and rights, together with all and singularly the rights and appurtenances thereto in anywise belonging unto the said Grantee and Grantee's successors and assigns forever, and Grantor does hereby bind itself, its successors and assigns, to Warrant and Forever Defend, all and singular the above described easement and rights unto the said Grantee and Grantee's successors and assigns, against any person whomsoever lawfully claiming, or to claim the same, or any part thereof, subject however to the matters stipulated herein. EXECUTED this the 14th day of July , 1994. THE f,]gT)Y OF LUF}BOCK, TEXAS David R. Langston`; Mayor ATTEST: Betty Johnson City Secretary "Grantor" THE STATE OF TEXAS § COUNTY OF LUBBOCK § THIS INSTRUMENT was acknowledged before me on the /y _ day of -'ul , 1994, by David R. Langston, Mayor of the City of Lubbock, on behalf of said City and in the capacity therein stated. Notary Public in and for the LONWHVM"M State of Texas wimodkabdum of Coda EgMs 30 2396 -2- APPROVED AS TO CONTENT: ferry Ell -brook, Interim Director of Water Utilities APPROVED AS TO FORM: I Harold Willard, Assistant City Attorney 6/13/1/883 -3- PROPERTY DESCRIPTION LAKE ALAN HENRY BRAZOS RIVER AUTHORITY Property No. WHA 1: BEING a tract of land consisting of all of Sections 71, 72 and 78 and a portion of Section 70, Block 5 of the H. & G. N. R.R. Co. Survey in Garza County, Texas, and being all of that certain 2207.27 acre tract of land conveyed by Carol Sue Reed to the City of Lubbock by deed dated September 27, 1990, and recorded in Volume 192, Page 155 of the Deed Records of Garza County, Texas, to which reference is herein made for a full and complete description. Property No. WHA 2: BEING a tract of land out of Section 55, Block 5 of the H. & G. N. R.R. Co. Survey in Garza and Kent Counties, Texas, and being all of that certain 71.66 acre tract of land conveyed by Billy Huddleston, a/k/a Billy Don Huddleston, to the City of Lubbock by deed dated October 4, 1993, and recorded in Volume 215, Page 254 of the Deed Records of Garza County, Texas, said deed also being recorded in Volume 212, Page 161 of the Deed Records of Kent County, Texas, to which reference is herein made for a full and complete description. Exhibit "A"