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HomeMy WebLinkAboutResolution - 2004-R0233 - Agreement With The Panhandle-South Plains Fair Association - 05_06_2004Resolution No. 2004—RO233 May 6, 2004 Item No. 56 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 an Agreement between the City of Lubbock and The Panhandle -South Plains Fair Association, and any other related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 6th da, ATTEST: Rebecca Garza, City Secretar APPR9.34ED AS TO CONTENT: 1 Cl de Jones Acting Assistant ' y Manager APPROVED AS TO FORM: Richard K. Casner First Assistant City Attorney RKC:gs/Agrmnt to Cont-South Panhandle -South Plains Fair.res May 6, 2004 Resolution No. 2004-RO233 May 6, 2004 Item No. 56 AGREEMENT THIS Agreement dated May 6, 2004, is by and between the City of Lubbock, a Texas home rule municipal corporation ("City") and the Panhandle -South Plains Fair Association, a Texas not for profit corporation ("Fair"). WHEREAS, by Lease dated on or about April 25, 1938, Lubbock County, Texas, ("County") leased forty-five (45) acres of land, as described therein, to the State of Texas (the "Lease"); WHEREAS, the Lease is recorded in Volume 334, Page 255, Deed Records, Lubbock County, Texas; WHEREAS, by Assignment of Lease, dated on or about February 25, 1992, the State of Texas, acting by and through the Texas Parks and Wildlife Department, successor to the Texas State Parks Board, assigned the Lease to the City; WHEREAS, by Deed dated March 14, 2000, and recorded in Volume 6610, Page 296, Real Property Records, Lubbock County, Texas, the County conveyed to the Fair, among other lands, the fee simple estate to the tract of land roughly depicted in Exhibit "A", attached hereto (the "Subject Lands"); WHEREAS, the Subject Lands are encumbered and covered by the Lease; WHEREAS, there are certain buildings located on the Subject Lands in need of immediate repair and the City no longer desires to utilize and/or maintain said buildings; WHEREAS, the Fair desires to utilize said buildings for its purposes in conducting the Panhandle -South Plains Fair, as well as certain other events; WHEREAS, the City is in need of an easement, for water line purposes, over and across certain lands owned by the Fair, including and/or contiguous to the Subject Lands; WHEREAS, the Fair is amenable to granting said easement to the City in exchange for the release and surrender of the Lease, INSOFAR AND ONLY INSOFAR, AS SAID LEASE COVERS THE SUBJECT LANDS. NOW, THEREFORE, the City and the Fair, for and in consideration of the mutual promises, covenants, and agreements set forth herein, the receipt and sufficiency of same being hereby acknowledged by the Fair and the City, agree as follows: The City shall, upon receipt of a survey containing a sufficient legal description of the Subject Lands, execute and deliver to the Fair the Partial Release and Surrender of Leasehold, substantially in the form to that attached hereto as Exhibit `B", South Plains Fair Association Agreementlands Page I of I I releasing and surrendering the Lease, insofar and only insofar as said Lease covers the Subject Lands. The Mayor of the City is hereby authorized to execute, upon satisfaction of all conditions set forth herein, the said Partial Release and Surrender of Leasehold. 2. The Fair shall, upon receipt of a survey containing a sufficient legal description of the Subject Lands, execute and deliver to the City the Partial Release and Surrender of Leasehold, substantially in the form to that attached hereto as Exhibit `B", releasing and surrendering the Lease, insofar and only insofar as said Lease covers the Subject Lands. 3. The Fair shall, upon receipt of a sufficient legal description of the lands to be covered by said easement, execute and deliver to the City a water line easement, substantially in the form to that attached hereto as Exhibit "C". 4. The Fair shall, at its expense, survey, or cause to have surveyed, the boundaries of the Subject Lands. 5. The City shall, at its expense, survey or cause to be surveyed, the boundaries of lands to be encumbered by the water line easement, referenced in paragraph 3, above. 6. Closing of the transactions contemplated herein shall occur as soon as reasonably practical; however, in no event later than August 1, 2004. Effective this 6`h day of May, 2004. PANHANDLE -SOUTH PLAINS FAIR ASSOCIATION B. Name: co -be T l` • 6d-s Title: Al *4-4; of ATTEST: Ell Name: a i/ ow Secretary Panhandle -South Plains Fair Association South Plains Fair Association Agreement.Lands Page 2 of l i CITY OF ATTEST: R. ecca Garza, City Secretary APPROVED AS TO CONTENT: C ude Jones Acting Assistant City Manager APPROVED AS T ORM: Richard K. Casner First Assistant City Attorney MAYOR South Plains Fair Association Agreement.Lands Page 3 of 11 806-744-5903 P.5 .28 04 05:25p PSPFair . ... ... ... ... ... ... ... .. Resolution No. 2004-RO233 N 87'29*00' E IN SECTION 3. BLOCK 0. E.L. A R.R, RAILROAO COMPANY SURVEY. 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TEM BEING A PORTION Or TpAr TRACT OESMsOM 00 OESCqlFrrtCN VAS FFIEPARM FR34 AN AcTuAL I It vause 64 PAGE $17 OF re OEM RECORUS OF WHOM COX". SJMY W rC PROPMY AM TYAT TW IWV%,ATjqq TIDLAlS VC FLOT11,10 W—SCRIBED AS rCLLDWS- K_*a-U1 Av'Fv9NT% Tm F!Pclmm Or niis SiNtr TO THE W-57 OF WV 10426tE= P.-C BELIEF. BXF.14#11C AT A 1/2' IRON ROD WITH CAP SET IN TIC NWN R)GIT OF WAY LINE OF EAST BFCAMAY FOR TW SOUTHIIIEST CDVWER OF THIf TRACT FROM *010E TW ?"M-NOT C"Vt OF M_= I 91MIN504 SLfr&-= SUSIDIVIS104 To THE CITY OF L"Ba=. LLMWCX aLF47Y. TEXAS W-AR5 ALY 13, 1994 SOINIM UN A DISTACF 125.2 PEST AM WESTA CISTANIM If III . I MXT AW P=0 VIC" A " - I " ROO If I TH CAP Fa" AT TW SDirmwEST CO;*IO CF A. 20,0 ACM TRACT BEAM S 97*29'00' V A OiSTANM OF 33.0 FEET; ROBOT L. SkIrM '74 rCE HDdN 1'30'05' V A OfSTANZ OF 555.3 FEET To A 1/2* IMN Roo R.P.L.S. 39M . �p WITH CAP 5V FOR TIC SKVfTHVMT COMM 011" THIS tPACT; IV;. rrF= N 81 ' Z9 ' 00' E A 0 9 STANX Or 97.9 FEET to A 112' 1 " ROOQLE'�T'-.SMITH WITH CAP SET FQFI TW N3Tr#iEAV Ca*CER OF Ti-fiS TRACT: TIENrE S 29*09*20* E A OiSTAKI OF 733.0 FEET TO A 1/111 iRM AOp ROO WITH UP Srr IN &Ala tORTH AIG"T OFWAY 0W FOR TW SUAVE' ScUTw_kST OF THIS TRACT FRM WHOCE A 5/1P IRM FKO WITH CAP FUM AT TIC SWtWAST CO1*V Or SA IQ 20.0 AIX TRACT SICAPS N 97'29'00' C A CISTAKX OF 7W.7 nXT; P*#Wal SOUTH PLAINS FAIR 1105E�T L. SMITH SURVEYING I TRUCE S V. ALOPIC SA(Q NORTH RM17 Or WAY Llf<. A p 0 ox 53216 oisrAmx ir 447.o FEET To nc m-Am OF amwifc. L XAS 75493 806-765-9543 tf? JOB 940505 FS 27 PG 76 EX141 0 IT A\ Resolution No. 2004-RO233 EXHIBIT "B" To AGREEMENT PARTIAL RELEASE AND SURRENDER OF LEASEHOLD THIS Agreement is entered into by and between the Panhandle -South Plains Fair Association, a Texas not for profit corporation ("Fair") and the City of Lubbock, a Texas home rule municipal corporation ("City"). WHEREAS, by Lease dated on or about April 25, 1938, Lubbock County, Texas, ("County") leased forty-five (45) acres of land, as described therein, to the State of Texas for a term of ninety-nine (99) years (the "Lease"); WHEREAS, the Lease is recorded in Volume 334, Page 255, Deed Records, Lubbock County, Texas; WHEREAS, by Assignment of Lease, dated on or about February 25, 1992, the State of Texas, acting by and through the Texas Parks and Wildlife Department, successor to the Texas State Parks Board, assigned the Lease to the City; WHEREAS, by Deed dated March 14, 2000, and recorded in Volume 6610, Page 296, Real Property Records, Lubbock County, Texas, the County conveyed to the Fair, among other lands, the fee simple estate to the tract of land described in Exhibit "A", attached hereto (the "Subject Lands"); WHEREAS, certain buildings and other structures are located on the Subject Lands that are in need of immediate maintenance and repair, and the City desires to avoid the expense of performing said maintenance activities; WHEREAS, the Fair desires to maintain, repair, and utilize said buildings or structures for the operation of its activities and events; WHEREAS, the City is in need of a water line easement over and across the Subject Lands and/or lands contiguous thereto owned by the Fair; WHEREAS, in consideration of the Fair granting the easement described above, and other good and valuable consideration, as stated below, the City is agreeable to releasing and surrendering the Lease, insofar and only insofar as said Lease covers the Subject Lands; WHEREAS, the Fair desires to accept the partial termination and surrender of leasehold from the City, and desires to release the City from its obligations under the Lease, insofar and only insofar as said Lease covers the Subject Lands. South Plains Fair Association Agreement.Lands Page 5 of 11 NOW, THEREFORE, for and in consideration of the execution and delivery of the water line easement to the City and the other mutual promises, covenants and agreements contained in this Agreement, the receipt and sufficiency of same being hereby acknowledged, the City and the Fair agree as follows: 1. The City hereby surrenders and releases the Lease, INSOFAR AND ONLY INSOFAR as the Lease covers the Subject Lands, and vacates the Subject Lands as of the effective date of this Agreement. Fair accepts the partial release and surrender of the Subject Lands from the Lease, as set forth herein, and the City and the Fair hereby discharge and release each other from any and all obligations under the Lease, INSOFAR AND ONLY INSOFAR as said Lease covers the Subject Lands, as of the effective date hereof. 2. The Fair ratifies and confirms the Lease, insofar as it covers lands owned by it, other than the Subject Lands, and acknowledges that the Lease, except as to the Subject Lands, remains in full force and effect as originally provided. Effective this day of , 2004. PANHANDLE -SOUTH PLAINS FAIR ASSOCIATION By: _ Name: Title: ATTEST: Name: Secretary, Panhandle -South Plains Fair Association State of Texas § County of Lubbock § This instrument was acknowledged before me on May, 5, 2004 by , of Panhandle -South Plains Fair Association a Texas not for profit corporation, on behalf of said corporation. Notary Public, State of Texas My commission expires: _ South Plains Fair Association Agreement1ands Page 6 of 11 CITY OF LUBBOCK MARC MCDOUGAL, MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Claude Jones Acting Assistant City Manager APPROVED AS TO FORM: Richard K. Casner First Assistant City Attorney State of Texas County of Lubbock This instrument was acknowledged before me on May, , 2004, by Marc McDougal as Mayor of the City of Lubbock. . Notary Public, State of Texas My commission expires: South Plains Fair Association AgreementIands Page 7 of 11 Resolution No. 2004-R0233 Exhibit "A" to PARTIAL RELEASE AND SURRENDER OF LEASEHOLD [Legal Description (as surveyed) of Subject Lands] South Plains Fair Association Agreement1ands Page 8 of 11 Resolution No. 2004-RO233 EXHIBIT "C" To AGREEMENT WATER LINE EASEMENT STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § THAT, Panhandle -South Plains Fair Association of Lubbock, Texas, a Texas, not for profit corporation, herein called "GRANTOR", for and in consideration of the sum of TEN AND NOI100 DOLLARS ($10.00), to GRANTOR in hand paid by the CITY OF LUBBOCK, a Home Rule Municipal Corporation of Lubbock County, Texas, the receipt and sufficiency of which is hereby acknowledged and confessed, and for the further good and valuable consideration in benefits accruing and to accrue to the remainder of GRANTOR'S property, has by these presents GRANTED, BARGAINED, SOLD and CONVEYED and by these presents does GRANT, BARGAIN, SELL and CONVEY unto the CITY OF LUBBOCK, a water line easement, twenty feet (20') in width along the path described in Exhibit "A" upon the terms and conditions as herein set forth, in, on, over, upon, along, under and across all that property lying and being situated in the County of Lubbock, State of Texas, and being more particularly described on Exhibit "A", attached hereto. Together with the rights of ingress, egress and regress at any and all times to accomplish the following purposes: constructing, reconstructing, repairing and perpetually maintaining a water line, which easement includes at all times and seasons the right of ingress, egress and regress of motor vehicles and personnel engaged in such construction and repair. GRANTEE agrees that GRANTOR may install asphalt or concrete over the surface of the easement. After installation or repairs, GRANTEE agrees to restore the surface to its original condition and is responsible for all damages and expenses to the asphalt or concrete which result from the exercise of GRANTEE'S rights under this easement. GRANTEE agrees to exercise its rights under this easement with due regard for the use of the surface and agrees to use reasonable efforts not to interfere with the surface rights. If the location of the easement subsequently interferes with the use of the surface, GRANTEE and GRANTOR will negotiate in good faith to relocate the easement upon terms which will allow the relocation to occur at no expense or damage to GRANTEE. South Plains Fair Association Agreement.Lands Page 9 of 11 In the event GRANTEE ever abandons the use of this easement, this easement shall terminate and the interest herein granted to GRANTEE will revert automatically and immediately to the then current owners of the surface estate over which the easement is herein granted. Non-use of the water line facilities for which the easement is granted for a period of 24 consecutive months shall be deemed to be an abandonment. No later than April 24, 2037, the termination date of the Lease Agreement between Lubbock County, Texas and the State of Texas referred to in the Agreement of even date herewith between GRANTOR and GRANTEE, this easement shall terminate and the interest herein granted to GRANTEE will revert automatically and immediately to the then current owners of the surface estate over which the easement is herein granted. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto in anywise belonging perpetually unto the CITY OF LUBBOCK for so long as the use remains the same as the purposes herein granted. Executed this day of May, 2004. PANHANDLE -SOUTH PLAINS FAIR ASSOCIATION By: Name: Title: STATE OF TEXAS COUNTY OF LUBBOCK § This instrument was acknowledged before me on May , 2004 by of Panhandle -South Plains Fair Association a Texas not for profit corporation, on behalf of said corporation. Notary Public in and for the State of Texas My commission expires: South Plains Fair Association Agreement.Lands Page 10 of 11 Resolution No. 2004-RO233 Exhibit "A" to Water Line Easement [Legal Description (as surveyed) of the lands covered by the Easement] Richard/SPFA.Subject Lands.Agreement April 30, 2004 South Plains Fair Association Agreement.Lands Page 11 of I 1 Resolution No. 2004-RO233 PARTIAL RELEASE AND SURRENDER OF LEASEHOLD THIS Agreement is entered into by and between the Panhandle -South Plains Fair Association, a Texas not for profit corporation ("Fair") and the City of Lubbock, a Texas home rule municipal corporation ("City"). WHEREAS, by Lease dated on or about April 25, 1938, Lubbock County, Texas, ("County") leased forty-five (45) acres of land, as described therein, to the State of Texas for a term of ninety-nine (99) years (the "Lease"); WHEREAS, the Lease is recorded in Volume 334, Page 255, Deed Records, Lubbock County, Texas; WHEREAS, by Assignment of Lease, dated on or about February 25, 1992, the State of Texas, acting by and through the Texas Parks and Wildlife Department, successor to the Texas State Parks Board, assigned the Lease to the City; WHEREAS, by Deed dated March 14, 2000, and recorded in Volume 6610, Page 296, Real Property Records, Lubbock County, Texas, the County conveyed to the Fair, among other lands, the fee simple estate to the tract of land described in Exhibit "A", attached hereto (the "Subject Lands"); WHEREAS, certain buildings and other structures are located on the Subject Lands that are in need of immediate maintenance and repair, and the City desires to avoid the expense of performing said maintenance activities; WHEREAS, the Fair desires to maintain, repair, and utilize said buildings or structures for the operation of its activities and events; WHEREAS, the City is in need of a water line easement over and across the Subject Lands and/or lands contiguous thereto owned by the Fair; WHEREAS, in consideration of the Fair granting the easement described above, and other good and valuable consideration, as stated below, the City is agreeable to releasing and surrendering the Lease, insofar and only insofar as said Lease covers the Subject Lands; WHEREAS, the Fair desires to accept the partial termination and surrender of leasehold from the City, and desires to release the City from its obligations under the Lease, insofar and only insofar as said Lease covers the Subject Lands. NOW, THEREFORE, for and in consideration of the execution and delivery of the water line easement to the City and the other mutual promises, covenants and agreements contained in this Agreement, the receipt and sufficiency of same being hereby acknowledged, the City and the Fair agree as follows: South Plains Fair Association Agreement.Lands Page 1 of 4 1. The City hereby surrenders and releases the Lease, INSOFAR AND ONLY INSOFAR as the Lease covers the Subject Lands, and vacates the Subject Lands as of the effective date of this Agreement. Fair accepts the partial release and surrender of the Subject Lands from the Lease, as set forth herein, and the City and the Fair hereby discharge and release each other from any and all obligations under the Lease, INSOFAR AND ONLY INSOFAR as said Lease covers the Subject Lands, as of the effective date hereof. 2. The Fair ratifies and confirms the Lease, insofar as it covers lands owned by it, other than the Subject Lands, and acknowledges that the Lease, except as to the Subject Lands, remains in full force and effect as originally provided. Effective this ::A/ day of J^ , 2004. PANHAND4E-SOUTH PLAINS FAIR ASSOCIA ON By: ZaAd an' Title: A0^r,+g.�/ AT `TEST: T Name: 11 ` Secretary, Panhandle-S*Pl ' ociation State of Texas County of Lubbock This instrument was acknowledged before me on July, 2004 by � Qflf Panhandle -South Plains Fair Association, a Texa not for pro--- corporation, o behalf of said corporation. C. KARA LUCINDA HILLIS .��Y'�• Not Public, State of Texas -�; Notary Public, State of Texas I = My Commission Expires My commission expires: February 03, 2008 South Plains Fair Association Agreement.Lands Page 2 of 4 Y-004- ATTEST: Reb ,ca Garza, City Secretar, al0a Clauke Jones Acting Assistant TO CONTENT: Manager APPROVED AS TO FORM: Richard K. Casner First Assistant City Attorney State of Texas County of Lubbock This instrument was acknowledged before me on 1& /5 , 2004, by Marc McDougal as Mayor of the City of Lubbock. . CELIA WEBS Notary PW*, SWe of Texas My Cammissvion Expires C-4g-2 6 ��A" Not�''Y Public State of Texas My commission expires: 63tl-66 South Plains Fair Association Agreement.Lands Page 3 of 4 Exhibit "A" PARTIAL RELEASE AND SURRENDER OF LEASEHOLD y-ONUr Ko233 -E OF s 'pa o� o v � n PERIMETER SURVEY OF A 1.20 ACRE TRACT IN SECTION 3, BLOCK O, LUBBOCK COUNTY, TEXAS L DOW E KELLY. REGISTERED PROFESSIONAL LAND SURVEYOR. DO HEREBY CERTIFY THAT THIS PLAT AND DESCRIPTION WAS PREPARED FROM AN ACTUAL SURVEY Of THE PROPERTY AND THAT THE INFORMATION HEREON REPRESENTS THE FIRINGS OF THIS SURVEY TO THE. BEST OF MY KMOWUEDW AND BELIEF. n G SURVEYED: EB Pr�•o 2004 nh \ DOW E KELLY R.P.L.S. 5707 b y \ \s DOW E KBLY o N 'S 3- W 0 .3 \\ ��'� �O570T�SST , �sut<v { I r __\ z � i LEGEND: \ 1INDICATE HEAVY LINES LIMITS OF SURVEY. 0- FOUND 1/2- IRON ROD WITH CAP (PMRD). 0. SET 1/2" IRON ROD WITH CAP. PMRD • PHYSICAL MONUMENT OF RECORD DOM. ONTROLLING MONUwNT- THIS PLAT D UNLESS R BEARS SURVEYOR'S h I Wp I ORIGINAL SIGNATURE. S{ i \\ gl { I I \ I \ I I \ I I {I27.0— l — — — — — — --U--- y.140' EAST BROGADWAY METES AND BOUNDS DESCRIPTION OF A 1.20 ACRE TRACT OF LAND IN SECTION 3, BLOCK 0, LUBBOCK COUNTY, TEXAS BEING A PORTION OF THAT 3.87 ACRE TRACT DESCRIBED AS -TRACT 2- IN VOLUME 6610 PAGE 296 OF THE REAL PROPERTY RECORDS OF LUBBOCK COUNTY, TEXAS AND FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT A %- IRON ROD WITH CAP FOUND AT THE NORTHWEST CORNER OF SAID 3.87 ACRE TRACT AND BEING THE NORTHWST CORNER OF THIS TRACT; THENCE N 8729*46" E, ALONG THE NORTH LINE OF SAID 3.87 ACRE TRACT, A DISTANCE OF 87.9 FEET TO A *- IRON ROD WITH CAP FOUND FOR THE NORTHEAST CORNER OF THIS TRACT; THENCE S 2TO9'20' E. WITH THE EAST LINE OF SAID 3.87 ACRE TRACT, A DISTANCE OF 251.59 FEET TO A %" IRON ROD WITH CAP SET FOR THE MOST NORTHERLY SOUTHEAST CORNER OF THIS TRACT; THENCE S 958'17' E A DISTANCE OF 102.03 FEET TO A h' IRON ROD WITH CAP SET FOR THE MOST SOUTHERLY SOUTHEAST CORNER OF THIS TRACT; THENCE N 8B'52'23- W A DISTANCE OF 203.38 FEET TO A h' IRON ROD WITH CAP SET IN THE WEST LINE OF SAID 3.87 ACRE TRACT AND BEING THE SOUTHWEST CORNER OF THIS TRACT; THENCE N 01.36'05- W. ALONG THE SAID WEST LINE, A DISTANCE OF 314.02 FEET TO THE PLACE OF BEGINNING. SURVEYOR$ REPORT: THIS PLAT WAS PREPARED FOR THE EXCLUSIVE USE OF THE INDIVIDUAL AND/at INSTITUTIONS NAMED ON THIS SURVEY. IT IS NON TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR IrOrvDUALS WITHOUT EXPRESSED RECERTIFICATION BY SMITH SURVEYING. THIS PLAT IS THE PROPERTY OF SMITH SURVEYING. REPRODUCTION OF THIS PLAT FOR ANY PURPOSE 6 EXPRESSLY FORBIDDEN Wm+a+T THE WRITTEN CONSENT OF AN AUTHORIZED AGENT OF SMRN SURVEYING. THIS SURVEY IS SUBJECT TO ANY FACTS WHICH MAY BE DISCLOSED BY A FULL AID ACCURATE TITLE SEARCH, RECORD DOCUMENTS OTHER THAN THOSE SHOWN MAY AFFECT THIS TRACT. VISW EVIDENCE OF CONDITIONS AFFECTING THIS TRACT IS AS SHOWN ON THIS PUT. MONUMENTS INDICATED AS FOUND BY THIS SURVEY ARE NOT "PHYSICAL MONUMENTS OF RECORD DIGNITY' UNLESS SO NOTED. FOUND MONUMENTS ARE ACCEPTED BY THIS SURVEYOR AS CONTROLLING EVIDENCE OUE TO SUBSTANTIAL AGREEMENT WITH RECORD DOCUMENTS. BEARINGS RELATIVE TO THE RECORD CALL OF THE NORTH LINE OF EAST BROADYA►Y AS SHOWN ON THE CITY OF LUBBOCK SECTONAL RIGHT OF NAY MAP 114.