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HomeMy WebLinkAboutResolution - 217 - Warranty Deed - HL Cain - Ochiltree County School Land, Bailey County - 07_26_1979RESO #217 - 7/26/79 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1 . THAT the surface estate (except water and water rights) to Labors 3, 4, and 5, in League 207, Ochiltree County School .Land, situated in Bailey County, Texas was offered for sale by bid iprocedures by the City of Lubbock pursuant to due notice thereof in accordance with Article 5421 C-12, V.A.C.S., and the highest and best ,bid received was the bid of H.L. Cain of Lubbock Texas in the amount of j$27,080.00, and after consideration thereof, this City Council hereby accepts such bid, and declares same as reasonable and adequate consideration in terms of fair market value return to said City for the type conveyance proposed to be made upon closing of the sale. SECTION 2. THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute a contract of sale on behalf of the City of Lubbock on the form of contract (incorporated as a part of the bid procedure above -described) to be entered into between said City as seller and the said H.L. Cain as Purchaser, a true and correct copy of which contract is attached herewith as a part of this resolution and shall be spread upon the minutes of this City Council. SECTION 3. UPON successful completion of said contract in accordance with its terms, the Mayor is hereby authorized and directed to execute a warranty deed on behalf of said City (as seller) unto the said H.L. Cain (as purchaser), all to be done in accordance with the provisions, limitations, reservations, and restrictions as set forth in said contract of sale. PASSED by the City Council this 26th day of July, 1979. f-�N4 A�W_ Dir est, Mayor elyn Gaf ga, tity 99c y-Treasurer APPAO- D AS TO CONT T: .Director of Wa er Utilities APPR ED AS TO FORM: J. th Fullingim, AssistanV City Attorney TIED TO RESO 217 - 7/26/79 CONTRACT FOR LAND SALE STATE OF TEXAS § COUNTY OF LUBBOCK § The City of Lubbock, a home rule municipality located in Lubbock County, Texas, herein called "City," being the owner of certain hereinafter described land, and H.L. C_AIN whose address is P.O. Box 529, Lubbock, Texas being the successful bidder for purchase of said, herein called "Purchaser," in consideration of the promises and agreements hereinafter made by City and Purchaser, do hereby contract and agree this 26th day of July 1979, as follows: I. That said City has this day bargained and sold, and by these presents does hereby bargain, sell and obligate itself to convey or cause to be conveyed in manner as hereinafter stated unto the said Purchaser, the surface estate (except water and water rights) of land described as Labors 3, 4, and 5, in League 207, Ochiltree County School Land located in Bailey County, Texas. The deed of conveyance from City to Purchaser shall contain the following restrictions, reservations, and agreements running as covenants with the land: (1) City reserves unto itself all the oil, gas, and other minerals and interests therein that it may own and possess with respect to Labors 3, 4, and 5, League 207, Ochiltree County School Land located in Bailey County, Texas. (2) City reserves unto itself all of the water and water rights in, to, and under said Labors 3, 4, and 5 together with the right of ingress, egress, and regress for the purpose of exploring, prospecting, drilling for and trans- porting the said water, and to construct gates and cattle guards through fences and construct temporary and permanent roads at any location desired by City. (3) City reserves the right with respect to all of said Labors 3, 4, and j 5 to construct, maintain and operate the necessary water wells, pumping plant, water collecting and flow pipe, both above and below the surface, the necessary communication and control circuits, together with the necessary electric power line and other electric facilities for furnishing power to the pumps and shall have an easement over said land for the purpose of constructing, installing, operating and maintaining of the facilities and pipelines above enumerated, and all such rights and easements are hereby granted for water lines, power lines, control circuits, and appurtenances necessary to produce water at other locations and transport water across said lands hereinabove described, with full rights of ingress and egress for such purposes. (4) City reserves the right to use so much of the water in, over, under and upon said Labors 3, 4, and 5 as may be necessary to drill for, produce, and transport oil, gas, and other minerals. (5) Purchaser is granted the right to drill and operate only one water well per Labor in, under and upon each of said Labors 3, 4, and 5 to the end that Purchaser or Purchaser's successor or successors in title shall not drill and operate more than one water well per Labor at any time on each of said Labors 3, 4, and 5 respectively, and none of said water wells shall be so equipped to pump more than ten (10) gallons of water per minute, and water from said water wells shall be used for normal farming and ranching operations and domestic use, but not for irrigation for farming or grazing purposes and not for dry lot cattle feed yard purposes; and further provided that all water falling on the land shall remain on the land, undisturbed, so as to recharge the land and acquifer in its natural course with respect to said Labors 3, 4 VV-vv A- 0-2 .47 and 5, but City reserves the right to use artificial methods to accelerate recharging the acquifer. If there is such an existing domestic water well upon said Labors 3, 4, or 5, it shall be counted as the water well allowed for the Labor upon which it is located, and another such domestic water well may not be drilled and operated on such Labor. (6) The above conveyance is subject to the covenant hereby made by Pur- chaser that no water shall be removed from the above described premises for the purpose of irrigation for farming or grazing purposes or navigation, such covenant to be binding upon and to be observed by the Grantee, herein as well as its successors and assigns and to run in favor of and be enforceable by and all persons now or hereafter owning the land hereinabove described. Each bene- ficiary of this covenant shall have in addition to other remedies given by law the right to enjoin the breach of this covenant; provided, however, that no breach of this covenant shall ever work as a forfeiture or reversion of the water rights herein conveyed. (7) No cause of action against the City, its successors or assigns shall arise in favor of Purchaser due to drainage of underground and percolating water from land developed by Purchaser, or Purchaser's successors or assigns. II. Said Labors 3, 4, and 5 will be conveyed by City to Purchaser subject to all oil, gas and other mineral reservations (in addition to oil, gas and other minerals to be reserved by City as provided in Subdivision I (1) above set forth) and easements of record in Bailey County, Texas, or easements visible on the ground affecting said Labors 3, 4, and 5. Purchaser shall pay to the City an earnest money deposit as evidence of good faith in the amount of THREE HUNDRED ($300.00) DOLLARS contemporaneously with the execution of this Contract and the further sum of TWENTY SIX THOUSAND SEVEN HUNDRED EIGHTY AND NO/100.($26,780.00)DOLLARS cash in hand paid, which is the balance of the sum bid by Purchaser for the purchase of said Labors 3, 4, and 5 in accordance with the terms of this contract, said sum to be paid to City by Purchaser upon delivery by City to Purchaser of a good and sufficient warranty deed conveying title to Purchaser said Labors 3, 4, and 5 in accord- ance with the terms of this contract. IV. This contract is conditioned that City will procure and deliver to Purchaser at earliest practicable date, a full, complete certified abstract of title to the above described property, and will permit said Purchaser to have the same examined by his attorney. If the title as shown by the abstract is good and valid, then said City will make, execute and tender a good and suf- ficient deed, conveying the aforesaid property to said Purchaser with full covenants of general warranty to complete this contract in 'accordance with its terms and stipulations. If the title to said property, as disclosed by the abstract, is not shown to be good and valid, then the said Purchaser shall procure and submit to said City a statement in writing of the objections made to said abstract within thirty (30) days from date hereof. If said objections are of such character that they can be cured or removed within a period of time not to exceed sixty (60) days from date hereof, then said City shall be obligated, and is hereby obligated, to so cure or remove said objections at its own expense, and it is hereby agreed and understood that said City shall have thirty (30) days from and after the date when the written statement of ob- jections is delivered to him within which to cure or remove same. If the title to said property, as shown by the abstract, is not good, and the objections thereto are not cured or removed by said City in the manner and within the time hereinbefore stated, then said Purchaser shall have the right to declare this contract at an end and no longer binding on him, and same shall thereupon become null and void, and said Purchaser shall be entitled to the return of all money by him paid by reason of this agreement. Upon failure of Purchaser to comply herewith, City may at its option enforce specific performance, or retain the earnest money as liquidated damages, $300.00 to go to City. If title is found objectionable and is not cleared within the time provided, or upon failure of City to comply herewith for any other reason, Purchaser may demand back the earnest money, thereby releasing City from this contract, or Purchaser may enforce specific perfor- mance hereof. 1979. V. Purchaser shall pay all taxes for 1979. Executed in duplicate this 26th day of July Purchaser (Successful Bidder Name: H.L. CAIN � l' Signed: Title or office (if Corporation or Partnership) CITY OF LUBBOCK: 17��A 01�w By: bMT EST, MAYOR ATTEST: Evelyn Gaffga, City S c �y-T�reasurer APPROVED AS TO CO NT: Dir. of Water Util.- of City of Lubbock (Title) APPROVED AS TO FORM: AsslAtant City Attorney THE STATE OF TEXAS 5 COUNTY OF LUBBOCK 6 BEFORE ME, a Notary Public in and for said County and State, on this day personally appeared H.L. CAIN known to me to be the person whose name is subscribed to the foregoing in- strument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office, this day of , 19 79 c Notar ublic, Lubbock County, Texas THE STATE OF TEXAS 4 COUNTY OF LUBBOCK § BEFORE ME a Notary Public in and for said County, Texas, on this day per- sonally appeared Dirk West, Mayor of the City of Lubbock known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideratoin therein expressed, and in the capacity therein stated as the act and deed of said City. GIVEN under my hand and seal of office, this day o�� 19 79 . Notar Public, Lubbock County, Texas RECEIPT FOR ABSTRACT OF TITLE TO: Labors 3, 4, and 5, League 207, Ochiltree County School Lands, Bailey County, Texas. COMES NOW, the undersigned and acknowledges Receipt of an abstract of title of above -described real estate from sovereignty of the soil down to June 20, 1979, at 6:00 A.M. said abstract of title consisting of the following: SUPPLEMENTAL ABSTRACTS RESPECTIVELY COVERING LABORS 3, 4, and 5, (1) Two supplements covering Labor No. 3, the first supplement consisting of 10 pages covering from Sovereignty of the Soil down to November 12, 1912, at 8:00 a.m. certified to by Western Abstract Company, and the second supplement consisting of 62 pages cover- ing from November 12, 1912, at 8:00 a.m. down to May 24, 1935, at 10:00 a.m., certified to by Guarantee Abstract Company. (2) Two supplements covering Labor No. 4, the first supplement consisting of 10 pages covering from the Sovereignty of the Soil down to November 12, 1912, at 8:00 a.m. certified to by Western Abstract Company, and the second supplement consisting of 55 pages cover- ing from November 12, 1912, at 8:00 a.m., down to May 24, 1935, at 10: a.m., certified to by Guarantee Abstract Company. (3) Two supplements covering Labor No. 5, the first supplement consisting of 10 pages covering from the Sovereignty of the Soil down to November 19, 1912 at 8:00 a.m. certified to by Western Abstract Company, and the second supplement consisting of 56 pages cover- ing from November 12, 1912 at 8:00 a.m., down to May 24, 1935, at 10:00 a.m.,certified to by Guarantee Abstract Company. It is here noted that there is an overlap on these two certificates, but it does not leave a gap in coverage, since the first certificate ends on November 19, 1912, and the second certificate starts before that (on November 12, 1912). SUPPLEMENTAL ABSTRACTS COVERING COLLECTIVELY LABO , an OWS: (1) The first supplement consisting of',no (0) pages, therefore no instruments, covering from ',May 24, 1935 at 10:00 a.m. down to June 6, 1938, at 10:00 a.m. certified to by Muleshoe Abstract Company. (2) The second supplement consisting of 24 pages cover- ing from June 6, 1938, at 10:00 a.m. down to April 29, 1940, at 7:00 a.m. certified to by Western Abstract Company. (3) The third supplement consisting of 10 pages cover- ing from April 29, 1940, at 7:00 a.m, down to June 18, lR0, at 3:30 p.m. certified to by Western Abstract Company. (4) The fourth supplement consisting of 47 pages covering from June 18, 1940, at 3:30 p.m. down to October 25, 1963, at 6:00 a.m. certified to by Muleshoe Abstract Company. (5) The fifth supplement consisting only of tax certificates by Bailey County and Sudan Independent School District and no other instruments covering from October 25, 1963 at 6:00 a.m. down to October 21, 1964 at 6:00 a.m. certified to by Muleshoe Abstract Company. (6) The sixth supplement consisting of four pages covering from October 21, 1964, at 6:00 a.m. down to December 14, 1964, at 6:00 a.m. certified to by Muleshoe Abstract Company. (7) The seventh supplement consisting of 74 pages covering from December 14, 1964, at 6:00 a.m. down to September 2, 1975, at 7:00 a.m. (8) The eight supplement consisting of 17 pages covering the period from September 2, 1975, at 7:00 a.m. down to October 7, 1975 at 7:00 a.m. (9) The ninth supplement consisting of ten pages covering from October 7, 1975, at 7:00 a.m. down to June 20, 1979, at 6:00 a.m. Said abstract of title being furnished by City of Lubbock, Texas, in compliance with contract for sale of said real estate by said City to un4qrsigned and received by undersigned this 3 L day of 1979. L. CAIN PURCHASER a 40 - JUL 311979 MY SCRETRRY