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HomeMy WebLinkAboutResolution - 412 - Contract - MSW Properties Inc. - Well Drilling Restrictions, 2 Tracts - 02_14_1980RESOLUTION #412 - 2/14/80 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 Contract between MSW PROPERTIES INC., and THE CITY OF LUBBOCK, 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 14th day of February ,1980. WEST, MAYOR ATTEST: Evelyn Gaf ga, C ty Se re a reasurer APPR VED AS TO FORM: Jo C. Ross, Jr., City Attorney m �a, RESOLUTION #412 - 2/14/80 THE STATE OF TEXAS X COUNTY OF LUBBOCK X CONTRACT This contract and covenant is entered into by and between MSW PROPERTIES INC., a Delaware corporation ("MSW") the fee simple owner of the surface estate of the herein described tracts and THE CITY OF LUBBOCK, TEXAS, a municipal corporation ("CITY"), the fee simple owner of all the underground water and an undivided one-half (1/2) of the oil, gas and other minerals in and under and that may be produced from the herein described tracts of land, situated in Lubbock County, Texas: TRACT A. A tract of land out of Section Forty -One (41), Block A, HE & WT Railroad Company Survey, Lubbock County, Texas, to -wit: BEGINNING at the Northwest corner of Section Forty -One (41), Block A, HE & WT Railroad Company Survey, Lubbock County, Texas; THENCE East 3000 feet; THENCE South 3000 feet; THENCE West 3000 feet; THENCE North with the West section line 3000 feet to the place of beginning. TRACT B. All of the balance remaining of that certain 510.695 acre tract of land out of the North part of Section No. 41, Block A, Abstract No. 59, HE & WT Railway Company Survey, Lubbock County, Texas, better described by metes and bounds in that certain Warranty Deed from the Lubbock Industrial Foundation, Inc. to MSW PROPERTIES INC. recorded in Volume 1665 at page 849, of the Deed Records of Lubbock County, Texas, after excluding the 3000-foot by 3000-foot tract hereinabove specifically described as TRACT A. That for and in consideration of the receipt of TEN DOLLARS ($10.00) and other good, sufficient and valuable considerations to each in hand paid by the other, and in consideration of the mutual benefits that will accrue to each of the parties hereto and with due regard to the rights of the surface owner, the receipt and sufficiency of which consideration is acknowledged, the parties enter into this contract and covenant and CITY hereby agrees, on behalf of itself, its successors and assigns and on behalf of any party or parties holding or who might hold under any water and/or oil, gas and mineral lease from CITY or otherwise as follows: (1) That it shall not hereafter surface any well for the production of oil, gas or other minerals or water within 150 feet of any structure, building, house, or improvement of MSW located on Tract A described above; and (2) CITY shall not surface any new water, oil or gas well nor shall CITY in any way use or occupy any portion of the surface of the herein -described Tract A for purposes of operations in exploring, drilling for, mining, producing, treating, storing, or transporting oil, gas or other minerals or water in, on or under the land herein described as Tract A, nor will CITY interfere with nor disrupt or disturb the use or intended use by MSW of the property herein described as Tract A, without the specific consent of MSW. In exchange for the herein recited agreements and covenants by the City and in further consideration therefore, MSW agrees that on the balance of the property hereinabove described as Tract B and specifically exclusive of the tract described above as Tract A, it shall cooperate in all respects with the CITY on the surfacing of water, oil or gas wells on Tract B and shall not in any way interfere with, hinder or obstruct the activities con- ducted by CITY for the production of water, oil, gas or other minerals from in, on or under such tract. Parties hereto further agree that this contract and covenant, (exclusive of the prohibition against surfacing wells on Tract A), shall in no way diminish, alter or modify the rights of the CITY to pool Tract A with Tract B, nor shall CITY be prohibited from developing in any way the water or mineral interests under Tract A so long as the CITY abides by the agreements and covenants set forth herein. This covenant.and_contract shall run with and bind the land herein described and shall inure to the benefit of, and be enforce- able by either party or the owner of all or any part of the surface, water or mineral interest herein described and their legal represen- tatives, successors and assigns and shall be effective from this date forward. -2- EXECUTED by the parties hereto this _day o , 1980. MSW PROPERTIES INC. B -/ THE CITY OF LUBBOCK BY: ATTEST: Dir r e)zs Mayor 0" 14'�17 o�2 i -ATTEST: Secretar City Secr tary THE STATE OF COUNTY OF BEFORE ME, the undersigned a Notary Public i nd fgr d County and State, on this day personally appeare , known to me to be the person and officer whose netne is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said MSW PROPERTIES INC., a Delware 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 1980. Notary Public in nd ftARN a sun a County, Notary Public, State of New York Qualified In New York Conmv My commission expfTlisloAEXPlreaMarch30,1980 THE STATE OF TEXAS X COUNTY OF LUBBOCK X BEFORE ME, the undersigned a Notary Public in and for said County and State, on this day personally appeared DIRK WEST, Mayor of the City of Lubbock, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of said City of Lubbock, Texas, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the � ay of 1980. C'Nota Public in and �forub ck County, Tex s "1 My commission expire C/ -3-