HomeMy WebLinkAboutResolution - 092878C - Well-Spacing Agreement - Southwestern Public Service Co - 09_28_1978KJ:hw
ill ) RESOLUTIONS
iP^J U
f 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
Well -spacing Agreement between the City and Southwestern Public Servic
Company, 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 this28thday of September , 1978
ATTEST.
ee
v yn a ga, City a ear - reasurer
APPROVED AS TO FORM:
Jdhn C. Ross, Jr., City Attorney
THE STATE OF TEXAS
COUNTY OF LAMB
WHEREAS, Southwestern Public Service Company, a New
Mexico Corporation, referred to herein as "First Party," is
presently the owner of the water rifihts on that tract of land,
herein referred to as "First Tract, described as follows:
Labors 5, 6, 15, 16 and 25, League 221, Castro County School
Land; the North 1/2 of Labor 1, the North 1/2 of Labor 2,
League 219, Castro County School Land; and Labor 24, League 236,
Dallam County School Land, Lamb County, TX.
WHEREAS . In City of Lubbock
referred to herein as Second Party,
(is)) (are) presently the owners) of the water rights :on that tract
of Ld,'__referred to herein as 'Second Tract," described as follows:
Labor 3, the S/2 of Labor 2, the S/2 of Labor 1, Labors 10,
11, 20 and 21, League 219, Castro County School Land, Lamb
County, TX.
WHEREAS, portions of First Tract and Second Tract have
a common boundary line; and
WHEREAS, both of the above described tracts are situated
in The High Plains Underground Water Conservation District No. l
and, upon compliance with the rules and regulations of such district,
each party has the privilege of developing water wells on the water
_rights owned by such party for'irrigation'and.other -purposes; and
WHEREAS, all parties hereto recognize that adequate
spacing between water wells developed by First Party on First
Tract and water wells developed by Second Party on Second Tract
will be to the mutual benefit of the parties:
NOW, THEREFORE, KNOW ALL MEN BY -THESE PRESENTS:
That First Party, acting by and through its duly authorized
officers, and Second Party(ies), for and in consideration of the
premises, do agree and covenant with each other as follows:
1. Each party agrees that during the period of time,
commencing with the date hereof and expiring on January 1, 2000,
at.mid'night, such party will not drill and/or develop or permit
to be drilled and/or developed on the above described water_rights
oWped,,by, such. party, any water well unless the -location of ¢uph well is
set back from the above mentioned common boundary line a minimum
di yance as follows:
4 inch or smaller pump ...... 100 yards
5 inch pump.................125 yards
6 inch pump.......... .....150 yards
8 inch pump.................200 yards
10 inch or larger pump ....... 220 yards
2.' This agreement shall not affect presently existing wells
on-said.water..rights-And shall -be of nofurther'`force or effect after
midnight on January .1, 2000,:unless extended by.the mutual consent
of -the then owners of the: respective -' Water `righte,' above described,
by an instrument in writing, executed by such owners and filed for
record in the Deed Records of Lamb County, Texas.
3. This agreement is a restriction on, and a covenant
running with, said .water rights, and shall be a burden thereon
and inures to the benefit of, and shall be abided by, the parties
hereto, their respective kuccessors, heirs, legal representatives
and assigns.
4. Any interested party may enforce this agreement by
injunction or other appropriate legal remedy without showing actual
damage, but any violation hereof shall not affect the title to .said
water rights .or the:validity'of any liens now an,or hereafter placed
;arf.<�sald tfater rights in good faith.
IN WITNESS WHEREOF, the undersigned ha executed this
instrument this the -2 1 day of.. _ 1977.
SOUTHWESTERN PUBLIC S ICE COMPANY
ATTE T :. r---
- _ By;
First.P rty Vice President
+etan� �ecre CITY T E AS
By:
AT ST: ;. Second rty..
Dirk West, Mayor
Approved as to form:
City Secretary
THE STATE OF TEXAS
John C. Ross, Jr,, City Attorney
COUNTY OF POTTER )
BEFORE ME, the undersigned, a Notary.Public in and for
said Coun y d State, on this day personally appeared
,V, .. , / , known to me to be the person
and officer whose name is subscribed to the foregoing instrument
and acknowledged to me that the same was the act of the said
SOUTHWESTERN PUBLIC SERVICE COMPANY, 'a corporation, and that he
executed the same as the act of such corporation for the purposes
and consideration therein expressed,- and.in the capacity therein.:,..
stated.:
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the
day of 1977.
Not y Public in d for
Potter County, Texas
My Commission expires
BEFORE ME, the undersigned, a Notary Public in and for
said County and State, on this day personally appeared -
DI rk Wcct,, Mayor of C i ty :of Lubbock known 1 to me. to - be the, person
whose name is subscribed to the foregoing instrument, and acknowl-
edged to me that the same was the act of the said Second Party,
and that he executed the..!same for the puposes and-cansideration
therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL. OF OFFICE, this the 28th
day of September , 1 �J:
otar c in and fo
County, Texas /
My Commission expires
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