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Home My WebLink AboutResolution - 1284 - Lease Agreement - A. Baker & K. Blair - Water Rights, Bailey County - 12_16_1982RESOLUTION 1284 - 12/16/82 (See Reso. 1218, 9/23/82) DGV:cI 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 Water Rights Lease Agreement between the City of Lubbock and Archie Baker and Keith Blair, 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 16th day of December ,1982. r Bitt, tc-ALtSTER, MAYOR ATTEST:- ---,) IL44�:V� Evelyn G fga, City,S4r ary-Treasurer APPROVED AS TO CONTENT: Sam Wahl, Director of Water Utilities APPROVED AS TO FORM: ver, Assistant City A A.,) larc/ John Akhidw (1905.1%8) Sam Mddw (1907.19M Hur" R. Hu&v Chw)aa F. Aycock Johnny W. Aatkinson Duane S. Hamac ALDRIDGE, HARDING, AYCOCK & ACTKINSON LAWYERS P. O. Box '186 FARWELL, TEXAS 79325 January 12, 1983 Mr. Tom Nivens P. O. Box 2000 Lubbock, Texas 79457 In Re: Baker & Blair Dear Mr. Nivens: FaiweO • 49IM61 14A1181988fe'etrQ wy On January 11, 1983 we received back the recorded original Water Rights Lease Agreement and Assignment. I am enclosing the recorded Water Rights Lease Agreement as per your instructions. Also I am enclosing a copy of the executed and recorded Assignment, the original of which will be returned to Travelers Insurance. As per the Assignment and our telephone conversa- tion last week, the January and all future water lease payments should be sent to Travelers at the address listed on the Assignment. I am sending copies of this letter to Beth Metty, attorney for Travelers, and to Archie Banker and Keith Blair. Thank you very much for your cooperation in this matter. If I can be of further assistance please an nnf haci+-a+o to rnntant Inca _ ck CFA:lm Encl. cc: Beth Metty Archie Baker Keith Blair ASSIGNMENT THIS ASSIGNMENT made this clay of r, 1982, by ARCHIE BAKER and MILDRED BAKER and KEITH BLAIR and DARLA BLAIR (hereinafter collectively called "Assignor"), to THE TRAVELERS INSURANCE COMPANY, a Connecticut corporation (hereinafter called "Assignee"); W I T N E S S E T H: WHEREAS, Assignee is the holder of a lien on and security interest in the real property described in Exhibit A attached hereto and'made a part hereof (hereinafter called the "Subject Property"): WHEREAS,.Assignor; as lessor, has executed a Water Rights Lease Agreement (hereinafter called the "Water Rights Lease") with the City of LubbocK, as lessee, affecting the Subject Property; NOW THEREFORE, Assignor, in consideration of the sum often Dollars ($10.00) cash in hand paid and other good and valuable consideration paid by Assignee, the receipt and sufficiency of which are hereby acknowledged, does hereby GRANT, CONVEY, ASSIGN, TRANSFER and SET OVER unto Assignee the following: A. All rights, interests and estates of Assignor in, to and under the Water Rights Lease and all other sale or lease agreements which cover or affect the water lying in, on ar under any portion of the Subject Property; together with all renewals and extensions of such Water Rights Lease and all other sale or lease agreements that may hereafter be entered into which cover the water lying in, on or under all or any portion of the Subject Property •(the Water Rights Lease and all other such sale or lease agreements, renewals and extensions being hereinafter collectively called the "Water Leases"); and B. All payments, rentals and other sums of money that may now ana at any time hereafter become due and payable to Assignor under the terms of the Water Leases. This Assignment is made by Assignor as additional security for the payment of the •following notes, obligations, indebtedness and liabilities: (a) that one certain promissory note (hereinafter called "Note I") dated August 15, 1977 in the original principal amount of Nine Hundred Thousand Dollars ($900,000) made by Pathfinder Land Enterprises and payable to the order of Assignee, with interest at the rate or rates• therein provided, both principal and interest being payable as therein provided and containing a provision for the payment of attorney's.fees, and all other notes given in substitution therefor or in modification, renewal or extension thereof, in whole or in part; and (b) that one certain promissory note (hereinafter called "Note II") dated May 28, 1980 in the original principal amount of Fifty Thousand Dollars ($50,000) maoe by Archie Baker and Mildred Baker and payable to the order of Assignee, with interest at the rate or rates therein provided, both principal and interest being payable as therein provided and containing a provision for the payment attorney's fees, and all other notes given in substitution therefor or in modification, renewal or extension thereof, in whole or in part (Note I and Note II, together with all other notes given in substitution therefor or in modification, renewal or extension thereof, in whole or in part, being nereinafter collectively called the "Note"); and_ (c) all indebtedness now or hereafter incurred or arising pursuant to the provisions of, or secured by, those two certain First Deeds of Trust (hereinafter collectively called the "Mortgage") made to secure the payment of the Note and covering the Subject Property ana certain other property aescribed tnerein; SUBJECT, HOWEVER, to the terms, provisions and conditions herein set forth. 1. As.signor hereby represents, covenants and warrants unto Assignee that Assignor is the sole owner'of the entire lessor's interest in the Water Leases, that Assignor has not executed - any prior assignments of.the Water Leases or of the payments, rentals and other sums of money that become due and payable thereunder; that no rent or payment reserved in the Water Leases (or any of them) has been assigned or anticipated and no rent or payment for any period subsequent to the date of this assignment has been collected in advance of the time when th'e. same became due under the terms of the applicable Water Lease; that Assignor has performed no act or executed any other instrument which might prevent Assignee from enjoying and exercising any of its rights and privileges evidenced hereby; that Assignor has not executed or granted any modifications or extensions whatsoever of any of the Water Leases; that each of the Water Leases is valid and subsisting and in full force and effect; that there exists no defense, counterclaim or set-off. to the payment of rent or payments due under the Water Leases; and that there are no defaults now existing under the Water Leases and no event has occurred which with the passage of time or the giving of notice, or both, would constitute a default. 2. Assignor agrees that, so long as the indebtedness evidenced by the Note or any part thereof shall remain unpaid, Assignor will.make no assignment, pledge or disposition of the Water Leases or the payments, rentals and other sums of money that become due and payable thereunder; nor will Assignor subordinate any of_the Water Leases to any deed of trust or mortgage or any other encumbrance of any kind or permit, consent or agree to such subordination; nor will Assignor reduce the payments, rentals or other sums of money payable under any of the Water Leases, modify, alter or amend the Water Leases or give any consent, concession or waiver or exercise any option required or permitted by the terms of any of the Water Leases; nor will Assignor cancel or terminate any of the Water Leases, accept a surrender thereof or convey or transfer or suffer or permit a conveyance or transfer of the premises demised thereby or of any interest therein so as to effect directly or indirectly, proximately or remotely, a merger of the estates and rights of, or a termination or diminution of the obligations of any lessee thereunder; nor will Assignor consent to an assignment or sublease of the interest and estate of any lessee unaer any of the Water Leases, whether or not in accordance.with its terms; nor will Assignor'modify or change the terms of any guaranty of any of the Water Leases or cancel or terminate such guaranty; nor will Assignor enter into additional water leases covering any portion of the Subject Property, without first having obtained the written consent of Assignee; and any such acts, if done or permitted to be done without the prior written consent of Assignee, shall be null and void. 3. Assignor covenants with Assignee to observe and perform all the obligations imposed upon any lessor under the Water Leases and not to do or permit to be done anything to impair the security thereof; to exercise any option or election contained in or relating to any of the Water Leases which Assignee shall require; at Assignee's request to assign and transfer to Assignee by specific Assignment, in the form of this Assignment, any and all subsequent Water- Leases affecting all or any part of the Subject Property (it being understood and agreed that no such specific assignment shall be required for such subsequent Water Leases to be covered by and included within this Assignment as proviaed herein); and to execute and deliver at the request of Assignee all such further assurances -2- and assignments in the property covered by the Water Leases as Assignee shall from time to time require. 4. This is a present assignment of the payments, rentals and other sums due under the Water Leases,.,and Assignee shall immediately be entitled to collect all such rents and rentals due under the Leases. Assignee shall apply the rents ana rentals.received to the payment.of the Note, such payments to be allocated by Assignee -as Assignee shall, in its sole 'judgment, determine., Such present and direct collection by Assignee,of such rents and rentals shall riot in any manner. relieve Assignor from the obligation to pay the Note. Upon default in the payment of any of the installments of interest and principal provided for in the Note or any part thereof, or upon default under the Mortgage, or upon breach by Assignor of any of the covenants, warranties or representations made by Assignor in this Assignment, Assignee shall have the right, power and privilege (but shall be under no. duty) to take possession of the property describea in the Water Leases and have, hold, manage, lease and operate the same on such terms and for such period of time as Assignee may deem proper; and either with or without taking possession of said premises,. Assignee shall have the right, power and privilege (but shall be under no duty) immediately to collect and sue for, in its own name, or in the name of Assignor, such rents, rentals and other sums of money as they become due and apply the same, less the cost and expense of collection thereof, toward the payment of the Note and any other indebtedness secured by the Mortgage, principal, interest and attorneys' tees, in such order as Assignee in its discretion may elect. A written demand by Assignee. on each lessee for the payment of payments, rentals and other sums of*money that become due under the Water Leases shall be sufficient to warrant such lessee to make all future payments of such rentals and other sums of money directly to Assignee without the necessity for further consent by. Assignor. Each such lessee shall be entitled to rely upon a written demand by Assignee for such payment and shall be fully protected from any claims by Assignor for all payments made to Assignee after receipt of such written demand. 5. Assignee shall not be liable for any loss sustained by Assignor resulting from Assignee's failure to let or sell water from, on or under the Subject Property, or any part thereof, or from any other act or omission of Assignee in managing the Subject Property unless such loss is caused by the willful misconduct and bad faith of Assignee, nor shall Assignee be obligated to perform or discharge any obligation, duty or liability under the Water Leases by reason of this instrument or the exercise of rights or remedies hereunder. Assignor shall and does hereby agree to indemnify Assignee for, and to hold Assignee harmless from, any and all liability, loss or damage incurred under the Water Leases by reason of this instrument or the exercise of rights or remedies hereunder, and from any and all claims and demands whatsoever which may be asserted against Assignee by reason of any alleged obligations or undertakings on its part to perform or discharge any of -the terms, covenants or agreements contained in the Water Leases. Should Assignee incur any such liability under the Water Leases by reason of this instrument.or the exercise of rights or remedies nereunder, or in defense of any such claims or demands, the amount thereof, including costs, expenses and reasonable attorney's fees, shall be secured hereby and Assignor shall reimburse Assignee therefor immediately upon demand, failing which Assignee may, at its option, declare all indebtedness secured hereby and by the Mortgage to be immediately due and payable. This Assignment shall not operate to place responsibility upon Assignee for the control, care, management or repair of.the Subject Property, nor for the carrying out of any of the terms and conditions of the Water Leases; nor shall it operate to make Assignee responsible or -3- liable for any waste committed on the Subject Property by the lessees or by, any other parties or for any dangerous or defective condition of the Subject Property, or for any negligence in the management, upkeep, repair or control of the. Subject Property resulting in loss orA njury or, death to any tenant, licensee, employee or stranger. 6. Nothing contained herein and no act done or omitted by Assignee pursuant to.the_powers'and rights granted it hereunder shall be deemed to be a waiver by Assignee of its rights and remedies hereunder or under the Note and the Mortgage or a• waiver or curing of any default hereunder or under the Note or the Mortgage, and this Assignment is made and accepted without prejudice to any of the rights and remedies possessed by Assignee under the terms of the Note and the Mortgage. The right of Assignee to collect said principal sums, interest and indebtedness and to enforce any other security therefor held by it may be exercised by Assignee either prior to, simultaneously with, or subsequent to any action taken by it hereunder. 7. Assignee may take or release other security for the payment of the Note and other indebtedness secured by the Mortgage, may release any party primarily or secondarily liable therefor and may apply any other security held by it to the satisfaction of the Note and such other indebtedness without prejudice to any of its rights under this Assignment. 8'. Assignee may -at any time and from time to time in writing (a) waive compliance by Assignor with any covenant. - herein made by Assignor to the extent and in the manner specified in such writing; (b) consent to Assignor doing any act which hereunder Assignor is prohibited from doing, or consent to Assignor failing to do any act which hereunder Assignor is required to do, to the extent and•in the manner specified in such writing; or (c) release any part of the Subject Property and/or the Water Leases, or any interest therein, from this Assignment. No such act shall in any way impair the rights of Assignee hereunder except to the extent specifically agreed to by Assignee in such writing. 9. The rights and remedies of Assignee hereunder shall not be impaired by any indulgence, including but not limited to (a) any renewal, extension or modification which Assignee may grant with respect to any indebtedness secured hereby, .(b) any surrender, compromise, release, renewal, extension, exchange or substitution which Assignee may grant in respect of any item of the.Subject Property and/or the Water Leases or any part thereof or any interest therein, or (c) any release or indulgence granted to any endorser, guarantor or surety of any indebtedness secured hereby. 10. A determination that -any provision of this Assignment is unenforceable or invalid shall not affect the enforceability or validity of any other provision and any determination that the application of any provision of this Assignment to any person or circumstance is illegal or unenforceable shall not affect the enforceability or validity of such provision as it may apply to any other persons or circumstances. 11. Notwithstanding the conveyance.or transfer of title to any or all of the Subject Property to any lessee under any of the Water Leases or to Assignee, the lessee's leasehold estate under such Water Lease and Assignee's interest under this Assignment shall not merge into the fee estate. 12. The terms, provisions, representations and warranties herein contained shall be binding upon Assignor and the heirs, devisees, representatives, successors and assigns of Assignor, and shall inure' -to the benefit.of Assignee, its successors and assigns. All references in this Assignment to Assignor or -4- Assignee shall be deemed to include all such heirs, devisees, representatives, successors and assigns of such respective party. 13. Within this Assignment, words of any gender shall be held and.construe6 to include any other gender, and woras in the singular number shall be held and construed to include the plural, unless the context otherwise requires. References in this Assignment to "herein."-, "hereunder" or "hereby" shall 'refer to this entire Assignment, unless the context otherwise requires. 14. This Assignment may be executes in any number of counterparts with the same effect as if all parties hereto had signed the same document. All such counterparts shall be construed together.and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. 15. Where two or more persons or entities have executed this Assignment, unless the context clearly indicates otherwise, the term "Assignor" as used herein means the assignors hereunder or either or any of them and the obligations of Assignor hereunder shall be joint and several. IN WITNESS WHEREOF, Assignor has executed this ^-'i Assignment eX—LaazQ-& as of the date first above written. chie Baker r i 22 4&-,-� X�� Mild ed Baker Keith Blair 1A 1/�, Darla Blair THE STATE OF T XAS ) COUNTY O This instrument was acknowledged before me on /✓�i �oZ by Archie Baker. 10 Notary P blic, 6tate of Texas My commission expires: -5- J THE STATE OF TEXAS ) COUNTY OF Tnis instrument was acknowledged before me un oZ� oy Mildred Baker. N ar P blic, State of Texas My commission expires: THE STATE OF TEXAS ) COUNTY OF-rd, This instrument was acknowledged before me on / by Keith Blair. Notar blic, t to of Texas �f— My commission expires: o?-o?/- 0 THE STATE OF TEXAS ) COUNTY OF' This instrument was acknowledged before me on by Darla Blair. Notary P lic, State of Texas My commission expires: EXHIBIT A TRACT I: All of Section Number ONE (1), the East 364.7 acres of Section Nunber Two (2), the East 356.4 acres of Section Number THREE (3); the South One-half (S/2) of Section'Nu,-er FOUR (4); all in Block S-3, John H. Stephens Survey, Bailey County, Texas_ TRACT II: All of the East 400 acres of the South 477.4.acres of Section Number FI"T_Y-SEVEN (57), 'Block Z, W.D. & F.W. Johnson Subdivision, Bailey County, Texas, described by metes and bounds as follows, 'to -wit: BEGINN_:.,G at a 1" pipe set at the Southeast corner of Section 57, Block Z; THENCE North 0' 40' 20" East along the Eastern line of Section 57,-a distan= of 3245.38 feet to a 2" pipe set for the Northeast corner;. THENCE ?:orth 89' 17' 55" West, a distance of 5207.3 feet to the point for t Northwest corner of this tract, this point being the Northeast corner of the West 77.4 acres of the South 477.4 acres of Section 57; ViENCE South 0' 40' 20" S-:est, a distance of 3413.1 feet to a point in the South line of Section 57, Block Z, said point being the Southeast corner of the West 77.4 acres of the South 477.4 acres of Section 57; THENCE :;orth 88' 30' East along the South line of Section 57, Block Z, a distance of 5207.3 feet .to the place of beginning and containing 400 acres of land. TRACT III: all of the West 77.4 acres of the South 477.4 acres of Section Number F1rTY-S'cVEN (57), Block Z, W.D. & F.W. Johnson Subdivision, Bailey County, Texas, described by r.etes and bounds as follows, to -wit: BEGIMNING at a 2" pipe set for the Southwest corner of Capitol League 630 and the Southwest corner of Section 57, Block Z; THENCE North 0' 6' West along the Western line of Section 57, Block Z, 34E4.- feet to a 1" pipe set for the Northwest corner of this tract; THENCE South 89' 17' 55" East a distance of 971.6 feet to the point for the Northeast corner of this tract; THENCE South 0' 40' 20" West, a distance of 3413.1 feet to a point in the South line of Section 57, Block Z, for the Southeast corner of this tract; THENCE' South 88' 30' West along the South line of Section 57, a' distance of 983.8 feet to the place of beginning and containing 77.4 acres of land. FILE NO. 7446. STATE OF TEXAS WATER RIGHTS LEASE AGREEMENT COUNTY OF LUBBOCK § RESOLUTION 1284 - 12/16/82 (See Reso. 1218, 9/23/82) CITY `F':RETARY-TREA.SUREF7 I This Agreement entered into by and between Archie Baker and Keith Blair, hereinafter called Owners, and the City of Lubbock, a home rule municipal corporation of Lubbock County, Texas, here- inafter called City; T.TT TxTV a C`O^.`LT WHEREAS, Archie Baker and Keith Blair are owners of certain real property located in Bailey County, Texas, which property is more particularly described in Exhibit A attached hereto and made a part hereof for all purposes; and WHEREAS, the said Owners are desirous of leasing the rights to the underground water located under the land described in Ex- hibit A, except for such rights to said underground water as may be herein retained by said Owners; and WHEREAS, the said City is desirous of leasing the rights to the underground water located under the land described in Exhibit A, except for such rights to said underground water as may be herein retained by said Owners; and WHEREAS, the said City finds it to be in the best interest of the citizens of the City of Lubbock to acquire the rights hereinafter granted to City; and WHEREAS, the said Owners find it to be in their best in- terest to grant the rights hereinafter set out to City; NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS: 1. DESCRIPTION: Owners do by these presents lease and grant to City the rights to all underground water located under the following described real property situated in Bailey County, Texas: All that property described in Exhibit A attached hereto and made a part hereof for all purposes, except that Owners may take water from the Owners' existing or additional domestic wells for domestic uses and livestock watering purposes, but not including commercial feedlot purposes. A map showing the location of ten (10) existing irrigation wells is at- tached hereto as Exhibit B and made a part of this Agreement for all purposes. Except as otherwise provided herein, the City shall have the exclu- sive right to use the existing ten (10) irrigation wells and to Vol/&VGffJ Vote modify the existing irrigation wells as required to comply with the Texas Department of Health regulations and the exclusive right to drill additional irrigation wells at the City's option. This lease and grant is made by the Owners for the consideration of rents and covenants hereinafter set out. 2. PURPOSE: The purpose of this Agreement is to provide a City with a source of potable underground water during the term i of this Agreement and to provide Owner with a market for such potable underground water during the term of this Agreement. 3. TERM: This Agreement shall take effect upon the date of execution hereof by all parties and shall terminate December 31, 1993, subject to the City having first opportunity to con- tinue said Agreement by amendment executed at such time. If City and Owners fail or refuse to reach an agreement by the time of termination of this Agreement, then Owners may negotiate or sell such rights to others. 4. IMPROVEMENTS: As part of the consideration flowing to Owners and as an inducement to Owners to execute this document, City agrees to undertake the following: (a) To construct a pipeline gathering system for pur- poses of transporting said underground water to the City's existing reservoir. The depth to the top of such pipelines shall be no less than 42 inches below the land surface. (b) To modify existing irrigation well construction to meet the regulations of the Texas Department of Health. (c) To install City's pumps on all irrigation wells. All equipment, pumps, pipeline and accessories are the pro- perty of City and the City reserves the right to remove all pumps and equipment at the expiration of the Agreement. The City shall have no obligation to remove such pipelines upon expiration of the Agreement and such pipelines shall, upon expiration of the Agreement, become the property of the Owners. (d) To maintain the existing irrigation wells and to leave no less than ten (10) operable irrigation wells at the expiration of the Agreement. However, City does not guarantee the availability of water from such irrigation wells. I 1 5. DUTIES OF OWNERS; Owners agree to undertake the -- following duties and obligations as part of the consideration flowing to City under this Agreement: (a) To reseed all pipeline rights -of -way for the ori- ginal ten (10) irrigation wells with native grasses to re- duce wind erosion during the term of this Agreement. (b) To allow City use of electric power from existing electric lines. The City will request separate metering of its use of electricity by Bailey County Electric Coop prior to the time City water production begins. The Owners re- serve the right to retain any refunds pursuant to such existing contracts which accrue prior to January 1, 1984. (c) To plant only low water use crops from the time of execution of this Agreement until City takes possession of the existing irrigation wells on January 1, 1984, with the exception of Wells No. 4 & 11, which may be used to pro- duce a crop of vegetables prior to January 1, 1984. (d) To permit the City access to the property over the lands of the Owners on and after June 1, 1983, for the pur- pose of installing pipelines and on and after January 1, 1984, for the purpose of installing pumps and equipment. Thereafter access shall be allowed for all required pur- poses pertinent to the operation and maintenance of said irrigation wells and pipelines. 6. DUTIES OF CITY: The City hereby agrees to undertake the following duties and obligations as part of the considera- tion flowing to Owners pursuant to this Agreement: (a) To take or pay for a minimum dollar amount of water during the ten (10) year term of this Agreement on and after January 1, 1984 as set out in Exhibit C, which is attached hereto and made a part hereof for all purposes. (b) To pay Owners fifteen cents ($.15) per one thou- sand gallons (1,000) of water received by City. This price will be adjusted annually in December of each year, commenc- ing December, 1983, to reflect changes in the Producer Price Index, Industrial Commodities, as published by the Bureau of VO4L� PG • Labor Statistics of the U.S. Department of Labor, 1967 = 100, from the Index as it existed in December, 1980, such adjustment to apply to the next calendar year. Computation shall be as is set out in Exhibit D, which is attached hereto and made a part hereof for all purposes. Payment will be made in January each year for the minimum amount contracted for and adjustments will be made the following January to reflect the actual amount taken and payment for said additional amount shall be made to Owners at that time based upon the previous year's price as set out in Exhibit D. (c) To pay Owners Three Hundred Fifty Thousand Dollars ($350,000.00) in five (5) equal payments of Seventy Thousand Dollars ($70,000.00) beginning with a first payment due on closing and the next payment in January, 1983. Thereafter, payments shall be made each January until the total amount is paid. Such payment shall be in addition to payments for water set out in paragraph 6(b) above and shall be consider- ation for execution of this Agreement by Owners. (d) To remove Owners' pumps on the ten (10) existing irrigation wells and stack them prior to installation of City's pumps. (e) To meter the water produced by a meter furnished, installed, operated and maintained by City, which meter shall be of standard type for measuring properly the quan- tity of water delivered under this Lease. The Owners shall have access at all times to such metering equipment, but the reading, calibration, and adjustment of the meters shall be done only by employees or agents of the City. Owners will be notified when City plans to test or calibrate its meters so that they may be represented if they so desire. The City shall keep a true record of all meter readings as transcribed from the reports of the City's employees or agents with re- spect thereto. The City hereby agrees to calibrate its meter- ing equipment as often as it considers necessary and at such time as Owners may show reasonable evidence of error but not less than once each year. In the event the meter is out of service or out of repair so that the amount of water produced R hereunder cannot be ascertained or computed from the reading thereof, the water produced and delivered during the period such meter is out of service or out of repair, shall be agreed upon by the parties hereto, by correcting the error if the per- centage of the error is ascertainable by calibration tests or mathematical calculations, or by estimating the quantity of production by the deliveries made during preceding periods un- der similar conditions when the meter was registering accurately. (f) Initial pipeline construction is to be completed by August 15, 1983. (g) The City shall hold the Owners harmless from any and all claims for damages arising from the City's use of the pro- perty whether such claims may be brought by the City's agents or employees or by any member of the public, including any claims arising from subsidence of the lands of others caused by or related to extraction of water by the City. (h) The City will comply with all present and future laws, rules and regulations of all applicable governmental units relating to the drilling for and extraction of water. 7. JOINT AGREEMENTS: All parties to this Agreement fur- ther agree as part of the consideration flowing to each to do the following: (a) City, by and through its employees, agents and re- presentatives, has personally inspected the well field site and have conducted such tests as are necessary to satisfy City as to the availability, quality and quantity of water available, it being understood and agreed that Owners do not guarantee water availability, potability, quality or quantity and City is not relying upon any representations of warranties of Owners with regard thereto. The expense of any treatments or test necessary to obtain or maintain potability shall be borne by City. Payments by the City for execution of the Agreement and of minimum payment amounts are due the Owners regardless of water availability, potability, quality or quantity. VO4�pV (b) City does not guarantee that at the expiration of this Agreement that there will be any underground water re- maining on said property and there shall be no limitation upon the City with regard to the amount of water that may be pumped from any single well or any combination of wells dur- ing the term of this Agreement. (c) City shall be responsible for construction and maintenance of all power lines, roads and pipelines used to serve City facilities. City will restore to native grass all of the Owners' property damaged by construction or main- tenance of City facilities except pipelines for the original ten (10) irrigation wells, which shall be reseeded by the Owners. 8. ENVIRONMENTAL AND HEALTH COMPLIANCE: Owners hereby agree to abide by Texas Department of Health regulations regard- ing land uses adjacent to municipal water supply wells. 9. AGREEMENT RUNNING WITH THE LAND: This Agreement be- tween all parties signatory hereto shall be a condition and cove- nant running with the land described in Exhibit A and shall fur- ther constitute an equitable servitude thereon and shall bind Owners and Owners' heirs and successors in title to such land. Any further conveyance of the land described in Exhibit A hereto shall contain this covenant and equitable servitude. It is fur- ther agreed by all parties hereto that this condition, covenant and equitable servitude shall terminate upon the expiration of this Agreement according to its terms. 10. RIGHT TO ENTER AND OPERATE WELL FIELD: It is under- stood that the City may at any time after June 1, 1983, have full rights of ingress and egress in, over, and on said lands so that the City may at any time and location drill water wells and test wells on said lands for the purpose of investigating, exploring, producing, and getting access to underground water; together with the rights to string, lay, construct, and maintain water pipelines, powerlines, communication lines, air vents, blowoffs, surge struc- tures, observation wells, access roads on and over said lands ne- cessary or incidental to any of said operations, together with the right to erect housing for irrigation wells and associated I f . equipment, meters and communications equipment, together with easements for the duration of this Agreement for all such pur- poses, together with the rights to use all that part of said lands necessary or incidental to the taking of ground water and the production, treating and transmission of water therefrom and delivery of said water to the existing reservoir of the City of Lubbock, and the City shall, within a reasonable time after con- ducting any construction or maintenance operations on said land, remove therefrom any trash, debris and other material or objects which clutter or detract from the usefulness of said lands to the Owners thereof. The City shall be responsible for damage to crops or grass caused by construction or maintenance of City's facili- ties. Compensation for such damages that cannot be restored shall be determined by the current fair market value of the crop or grass involved as demonstrated by current value of said crop or grass on adjacent undamaged areas of the Owners' property. The Owners shall be paid annually for crop or grass damage until such area is restored. Where the City constructs and uses roads across and through boundaryline fences, the City shall furnish and in- stall gates equipped with locks., it being understood that locking gates on the outside fences shall in no way effect the right of entry, ingress and egress of authorized officers, employees, and contractors of the City engaged in the business of the City per- taining to the full enjoyments of water rights herein conveyed. Keys to such locks shall be furnished to Owners. Where the City constructs and uses new roads across and through fences within the boundaries of said land, the City shall, at the option of the Owners, furnish and ins6all gates with fasteners but without locks. During construction City shall be allowed access to the leased property across other property owned by Owners. Owners shall have the right to make use of roads constructed by the City across the property, so long as such use does not interfere with the opera- tions of the City as contemplated in this Agreement. V0LIT1P" V00MA0 11. The City's rights under this Agreement may not be assigned without the consent of the Owners. )W EXECUTED in duplicate originals this �kfi day of December, 1982. OWNERS: CITY OF CK: r r IN ARCHIE BAKER BML M6AL _STE ATTEST: MILD D BAKER s,. Jo Ifi :LU Treasurer K7t-BLAIR APP VED AS TO ONTE*..," DARLA BLAIR A -am Wahl,Di ctor of ater Utilities APPROVED APPROVED AS TO FORM: Donald G. Vandiver, Assistant City Attorney CONSENT AND AGREEMENT: The following corporations, partnerships, and/or persons have an interest in all or a portion of the land sub- ject to this Agreement: (a) Travelers Insurance Company (b) Clovis National Bank (c) First National Bankette Agri -Corp The corporations, partnerships and/or persons hereinabove named hereby agree that their liens and/or interests in the property shall be sub- ject to the terms of this Water Rights Lease Agreement and will honor this Agreement in accord with said terms and conditions should such corporations, partnerships and/or persons obtain title to all or part of such land during the term of this Ag e ment. gl g ment, TIC TRAVELERr._ INS URAN CE CO ANY L 4 I NATIONAL BANK ;(William , --fn�_T�yior) Second Vice President ST. ATTEST- TTEST: ce!� Ass i s t i1rit'. S e CIfe t onfid J. rley) EIEOMIMCPAX Assistant Cashier ACKNOWLEDGE14ENTS STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public, in and for Lubbock County, Texas, on this day personally appeared Bill McAlister, known to me to be the person whose name is sub- scribed to the foregoing instrument and he acknowledged to me that,,he:.executed the same as the act and deed of the City of Lublaojc - -the purposes and consideration therein expressed and in 't 'd;cq�pacity therein stated. �; V1 er my hand and seal of office this day of 1982. �x : �•Notatry Pubilc in and for f .... 't4' Lubbock County, Texas 0 My Commission Expires: 1( 3o STATE OF �i�a� § COUNTY OF ��j/f��p�,� § BEFORE__lpE, the undersigned authority, a Notary Public, in and forCounty, ��/�,¢� on this day personally appeared Archie Baker; no to me to be the person whose name is subscribed to the foregoing instrument and he ac- knowledged to me that he executed the same as his own act and deed for the purposes and consideration therein expressed and in the capacity therein stated. C,;iY pVe GIVEN nder my h nd a d seal of office this day of �i 1982. No r:* Rublic in and for 61 Off My Commission Expires: /� STATE OF § COUNTY OF § BEFORE the undersigned auth rity a Notary Public, in and for County, , on this day personally appeared red Baker, known to me to be the person whose name is subscribed to the foregoing instrument and she ac- knowledged to me that she executed the same as her own act and need for the purposes and consideration therein expressed and in the capacity therein stated. GI N under my hand and seal of office this day of 1982. tpRY pV6 /�Q� o !rLFfbl1c in an or ounty, Q�--QZ4,—� _� My Commission Expires: Vomnsw STATE OFQ) § COUNTY OF �i��-Lrt�„ / § BEFORE the undersigned authority, a Notary Public, in and for County, �_ on this day personally appeared Keith Blair, -known to me to be the person whose name is subscribed to the foregoing instrument and he ac- knowledged to me that he executed the same as his own act and deed for the purposes and consideration therein expressed and in the capacity therein stated. ti r, G N under my hand and seal of office this day of 1982. ry u c in and fo a ounty, My Commission Expires: STATE Q�� § COUNTY OF § BEFORE , the undersigned aut rity, a Notary Public, in and for County, on this day personally appeared Darla Blair,knowrf to me to be the person whose name is subscribed to the foregoing instrument and she ac- knowledged to me that she executed the same as her own act and need for the purposes and consideration therein expressed and in the capacity therein stated. STATE OF CONNECTICUT and seal of office this day of . 1982. o ry u is in atiG r --bounty , My Commission Expires: /V § SS Hartford COUNTY OF HARTFORD § BEFORE ME, the undersigned authority, a Notary Public, in and for Hartford County, Connecticut on this day personal y appeared William E. Ta for known by me to be the Second vice President o rave ers nsurance Company, a corporation, and he acKnowleilged to me that he executed the same as the act and deed of the Travelers Insurance Company for the purposes and consideration therein expressed and as the act of said Corporation. GIVEN under my hand and seal of office this 8thz';` December , 1982. Notary Public in an Hartford County, ;` nniec put (Patricia H. Csaszar) �' Itx y My Commission Expire:- *' roh '31_1.§W,,3 STATE OF New Mexico COUNTY OF Curry BEFORE ME, the undersigned authority, a Notary Public, in and for Curry County, New Mexico on this day personally appeared Joe B. Sisler known by me to be the p i en o ovis ational Bank, and he acknowledge to me that he executed the same as the act and deed of the Clovis National Bank for the purposes and consideration therein expressed and as the act of said Bank. GIVEN under my hand and seal of office this 20th day of Der-ein1982. tp '� ; .fit: i• Notary Public in and for Curry County, New Mexico •• ....� •t•_ ply Commission Expires: October 22, 1984 STATE 0 § COUNTY OF § BEFORE the undersigned authority, a Notary Public, in and for Count on this day personal y apf eared , known by me to be the of Firqi- National Bankette Agri - Corp, and he acknowledged to me that he executed the same as the act and deed of the First National Bankette Agri -Corp for the pur- poses and consideration therein expressed and as the act of said Bank, G N under my hand and seal of office this Z�?_day of 1982. p.�pRY p G 6 ti aryblic n a or County, My Commission Expires: EXHIBIT "A" A tract of land being part of Section 1, 2, and 3 John H. Stephens, Block S-3 Bailey County, Texas and part of Section 57 WD & FW Johnson, Block Z, Bailey County, Texas containing 1614 acres more or less, described as follows: The South 477.4 acres of Section 57 WD & FW Johnson, Block Z, all of Section 1, the East 364.7 acres of Section 2, and the South 127 acres of the East 356.4 acres of Section 3 John H. Stephens, Block S-3 Bailey County, Texas. VOt�-Pj Main res dence Foreman's residence #1 BAKER/BLAIR FARM 0 ---' Wells Numbered 1, 2, 7 6.8 BAILEY COUNTY, TEXAS 67ac. 1 Not'Included In This Lease. i EXHIBIT "B" • x 1 #2 1 167 ac. - ' ' i � '� _ _ X �� Livestock working facilities U7 08 X. Denotes: 'A ` ()Irrigation wells 12'ne.�., )(Livestock watering facilities ' *Domestic wells X • �'0- ' I ---Access roads 125 ac. #3 � 1 nn 1 X 16705cr i �►. 06 1 125()fft, 125 ac. k U11 #12 Ponder` 196.5 ac. 196.5 ac. Kb _ A4 . ' ' ug 1'�/J 1J_ . �. _ .. _ _ �' i llll-A #11 1F A `#12 -0- I110�• _ 167 ac.125 ac. - &XIc. Not To Scale 1 L EXHIBIT 11C" MINIMUM WATER PURCHASES 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 $ 111,429 117,760 111,259 106,075 100,218 95,147 90,472 86,132 54,200 57,200 v0t,�-sap 3 EXHIBIT "D" Computation of the adjustments to the base rate of $0.15 per one thousand gallons. Producer Price Index - Industrial Commodities as of December, 1980 was 286.6 Assume that the Index is 330 in December, 1983. The price paid per one thousand gallons during 1984 would be computed as follows: 330 X $0.15 = $0.1727 Rounded Up to $0.173 2g1; 6 In the event the fourth figure is five or less and the third figure is even the rate will be rounded down i.e., $0.1725 will be rounded down to $0.172. If the fourth figure is five or greater and the third figure is odd the rate will be rounded up i.e., $0.1735 up to $0.174. This adjustment will be made each December to the rate to be paid the following year. In the event that the Producer Price Index - Industrial Commodities is no longer published, then by mutual agreement an Index similar to the Producer Price Index - Industrial Commodities will be used. STATE OF TEXAS COUNTY OF BAILEY 1, Hazel Gilbreath, Clerk.of the County Court in and for said County, do hereby certify that the foregoing instrument v:as filed for Record in my office on the-.30th.___ day of __.__December - A.D. 19..82__•, at _2.100.. o'c!cck ..E...fr1., and Recorded on the Wl- day of .. January __-__ A.D. 19.$3... in -.Deed........ Records of -Bailey County, Vol, ._ 14:��_..� Paga.. M- 304. YiIT,lESS MY HAND SEAL at my. office in. Muleshoe Texas, the day and year last above written. » HAZEL GILBREATH, t Clerk of County Court Bailey County, Texas. .L ey. Deputy+. No. 7448 GENERAL WARRANTY DEED, BILL OF SALE AND ASSIGNMENT THE STATE OF TEXAS S COUNTY OF BAILEY 5 THIS GENERAL WARRANTY DEED, BILL OF SALE AND ASSIGNMENT, made as of this4L d y of December, 1982, by ARCHIE and MILDRED BAKER and KEITH and DARLA BLAIR, whose address is 1016 Colonial Parkway, Clovis, New Mexico 88101 (herein collectively called "Grantors") to THE TRAVELERS INSURANCE COMPANY, a Connecticut corporation, whose address is Two NorthPark East, P.O. Box 220055, Dallas, Texas 75222 (herein called "Grantee"); W I T N E S S E T H: Grantors, for and in consideration of the sum of TEN DOLLARS ($10.00) cash in hand and other good and valuable consideration paid by Grantee, the receipt and sufficiency of which are hereby acknowledged, do hereby GRANT, BARGAIN, SELL, CONVEY, ASSIGN, SET OVER and DELIVER unto Grantee the real property (herein called the "Property") situated in Bailey County, Texas, more particularly described in Exhibit A attached hereto and made a part hereof; together with (i) all improvements, fixtures and appurtenances situated thereon (herein called the "Improvements"); (ii) all sprinkler systems, pumps, gearheads, irrigation and drainage plants and equipment incident thereto owned by Grantor and appurtenant to said Improvements including those pumps and sprinklers described in Exhibit B attached hereto and made a part hereof (herein called the "Personal Property"), but not including the pumps and sprinklers more particularly described in Exhibit C attached hereto and made a part hereof; (iii) the rights of Grantors under any lease agreements or contracts covering portions of the Property or Improvements, including but not limited to that certain Water Rights Lease Agreement between the City of Lubbock and Grantors covering a portion of the Property and the Improvements (herein called the "Leases"); (iv) all utility service and maintenance contracts (if any) affecting the Property and the Improvements; and (v) all warranties and indemnities (if any) made by others with respect to the Property, the Improvements and the Personal Property (all of which properties, rights and interests being herein called the "Conveyed Properties"); SUBJECT, HOWEVER, to the terms and provisions of the Leases and to the liens, encumbrances, easements and other matters set forth in Exhibit D hereto. TO HAVE AND TO HOLD the Conveyed Properties, together with all and singular the rights and appurtenances thereunto in anywise belonging, unto Grantee, its successors and assigns forever; and Grantors do hereby bind themselves, their heirs and assigns to warrant and forever defend all and singular the Conveyed Properties (subject, however, to the Leases and to the liens, encumbrances, easements and other matters set forth in Exhibit D hereto) unto Grantee, its successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. Grantee by its acceptance of the delivery of this instrument, does hereby assume and agree to perform and discharge all obligations of Grantors under the Leases and to hold harmless Grantors with respect to such obligations. Grantee acknowledges that the Conveyed Properties are being sold, conveyed and assigned "as is" and that, except as set forth herein, Grantor makes no warranties or representations of any kind or character, express or implied, including without limitation any representation or warranty regarding quality of construction, workmanship, merchantability or fitness for anv particular purpose, with respect to the Conveyed Properties, their physical condition, income to be derived therefrom or expenses to be incurred with respect thereto, or Grantor's obligations or any other matter or thing relating to or affecting the same, and Grantee acknowledges that there are no oral agreements, warranties, or representations collateral to or affecting the Conveyed Properties except as may otherwise be expressly set forth herein. - /119 -2- VDi-TJ-PG. vatepaj Grantors acknowledge and confirm that this conveyance and assignment is being made to Grantee in lieu of foreclosure by Grantee on the properties conveyed herein. IN WITNESS WHEREOF, Grantors have executed this instrument on the date first above written. The address of Grantee is: The Travelers Insurance Company Two NorthPark East P. O. Box 220055 Dallas, Texas 75222 Attn: REID GRANTORS: ,RCHIE BAKER MI` D BAK R K'EITA, BLA R Alh X&� DARLA BLAIR THE STATE OF ) COUNTY OF instrument was acknowledged before me on Decemberl?9, krchie Baker. ssion expires. / od- - /— Nota ublic, State of i �o�rcE �cCL--,51< [printed or stamped name` of notary] THE STATE OF ) COUNTY OF ) 1 This instrument was acknowledged before me on Decembero2/, 1982 by Mildred Baker. _.__ Eta ublic, State of [printed or stamped name of notary] -3- THE STATE OF / ) COUNTY OFl ) This instrument was acknowledged before me on December.? 9 res: Notar P lic, State of [printed or stamped name of notary] THE STATE O ) COUNTY O�� This instrument was acknowledged before me on Decemberv? c,,p2 by Darla Blair. Ve l� C No-tary P lic, State o �M ssion ex fires: �cE r /- [printed or stamped name of notary] VO[IX-zpGI..=�'� -4- VOv��-�- PaA% EXHIBIT A PROPERTY DESCRIPTION A1T that certain real estate situated in Bailey County, Texas, more particularly described as follows: TRACT I: All of Section Number ONE (1), the East 364.7 acres of Section Number TWO (2), the East 356.4 acres of Section Number THREE (3); the South One-half (S/2; of Section Number FOUR (4); all in Block S-3, John H. Stephens Survey, Bailey County, Texas. TRACT II: All of the East 400 acres of the South 477.4 acres of Section Number FIFTY-SEVEN (57), Block Z, W.D. & F.W. Johnson Subdivision, Bailey County, Texas, described by metes and bounds as follows, to -wit: BEGINNING at a 1" pipe set at the Southeast corner of Section 57, Block Z; THENCE North 0" 40' 20" East along the Eastern line of Section 57, a distanc of 3245.38 feet to a 2" pipe set for the Northeast corner; THENCE North 89' 17' 55" West, a distance of 5207.3 feet to the point for th Northwest corner of this tract, this point being the Northeast corner of the West 77.4 acres of the South 477.4 acres of Section 57; THENCE South 0' 40' 20" West, a distance of 3413.1 feet to a point in the South line of Section 57, Block Z, said point being the Southeast corner of the West 77.4 acres of the South 477.4 acres of Section 57; THENCE North 88" 30' East along the South line of Section 57, Block Z, a distance of 5207.3 feet to the place of beginning and containing 400 acres of land., _TRACT III: All of the West 77.4 acres of the South 477.4 acres of Section Number FIFTY-SEVEN (57), Block Z, W.D. & F.W. Johnson Subdivision, Bailey County, Texas, described by metes and bounds as follows, to -wit: BEGINNING at a 2" pipe set for the Southwest corner of Capitol League 630 and the Southwest corner of Section 57, Block Z; THENCE North 0' 6' West along the Western line of Section 57, Block Z, 3484.4 feet to a 1" pipe set for the Northwest corner of this tract; THENCE South 89' 17' 55" East a distance of 971.6 feet to the point for the Northeast corner of this tract; THENCE South O' 40' 20" West, a distance of 3413.1 feet to a point in the South line of Section 57, Block Z, for the Southeast corner of this tract; THENCE South 88" 30' West along the South line of Section 57, a distance of _ 983.8 feet to the place of beginning and containing 77.4 acres of land. EXHIBIT B PUMPS AND SPRINKLERS Descrintion Electrogator Sprinkler, 6 Tower GE Motor, 60 HP Western Pump Lockwood Sprinkler, 11 Tower U. S. Motor 75 HP Western Pump Lockwood Sprinkler, 10 Tower U. S. Motor 75 HP Western Pump Lockwood Sprinkler, 10 Tower U. S. Motor 75 HP Western Pump Serial Number 8742038-C DGJ 407565 26203W Mod N/A, SN# NA R-6326-04-722 R 2131-704N SN# N/A Mod #N/A SN N/A 9403904-D-381 R 2075-940 26423 W Mod N/A, SN# NA R-2842 02 H 343 R2074320 2642 W V0j1 Pina EXHIBIT C SPRINKLERS AND PUMPS Description 1. Lockwood Sprinkler, 11 Tower U. S. Motor, 75 HP Western Pump 2. Electrogator, 9 Tower GE Motor, 75 HP Byron Jackson Pump 3. Electrogator, 8 Tower U. S. Motor, 60 HP Western Pump 4. Electrogator, 8 Tower GE Motor, 75 HP Western Pump 5. Electrogator, 8 Tower GE Motor, 75 HP Western Pump 6. Electrogator, 6 Tower U.S. Motor Layne Bowler Pump 7. Electrogator, 10 Tower U. S. Motor, 75 HP Layne Bowler Pump 8. Electrogator, 10 Tower U.S. Motor Layne Bowler Pump Pumps 1. U. S. Motor Western Pump 2. U. S. Motor Western Pump Serial Number SN #N/A R2842-00-H-106 R2063882C 26395 W 8742054C FCJ 628130 P316831 8742035C R6233-00-804 R2096984 SN #N/A 7742032C BLJ 219408 2619 6W 7742008 BLJ 226444 26199W 8742050 R2847-04-H454 R2080257 26202W 7742021C R2842-02-H325 R2073661E 26534 W 7742028C R2842-02 H 385 R2076095W 26517 R2842-02-H 385 R2076098W 2 619 8W R2842-02-H 385 R207609OW 26197W EXHIBIT D PERMITTED ENCUMBRANCES 1. Rights of Bailey County Electric Cooperative under that certain Mechanic's and Materialman's Lien Contract executed Archie Baker, dated April 27, 1982, recorded in Volume 12, Page 645, Mechanics and Materialmans Lien Records of Bailey County, Texas, providing for the construction of a power line to provide electricity to irrigation wells on the tract of land described therein. The initial term -of the agreement is 5 years, and the agreement continues thereafter until terminated by any party to the contract giving one month's notice in writing to the other. (Affects Tract I only). 2. Perpetual easement for a public road 30 ft. in width along the Section line of the South half of Sec. 57, Block "Z," W.D. & F.W. Johnson Subdivision, reserved for public use in Warranty Deed dated July 17, 1956, recorded in Volume 65, Page 371 from Muleshoe Development Company to John H. Mock, and a permanent and perpetual easement retained along said section line for a rural electric transmission line to furnish electricity to the farms located in the vicinity of the therein -described tract of land. (Affects Tracts II and III only). 3. Thirty foot (301) easement and right-of-way for electric transmission lines granted to Southwestern Public Service Company by instrument dated April 21, 1952, recorded in Volume 58, Page 101, Deed Records, Bailey County, Texas. (Affects Tract I only.) 4. Agreement between the City of Lubbock, a Home Rule Municipal Corporation, and bean Eldridge and Bobby R. Burcher, a partnership, regarding water well spacing on the subject property, dated July 15, 1974, recorded in Volume 123, Page 109, Deed Records, Bailey County, Texas. (Affects Tracts I, II and III). 5. Right-of-way Easement executed by Archie Baker and Mildred Baker Jaau_ 8, 1981, to Southwestern Public Service Company foi �a electric power line upon and across the following described property: A strip of land in Sections 3 and 4, Block S-3, John H. Stephens Survey, Bailey County, Texas, extending 25.0 feet on each side of that certain 30.0 foot easement granted by Clyde Dennis to Southwestern Public Service.Company on April 21, 1952, as shown in Volume 58, Page 101 of the Bailey County Deed Records, and recorded in Volume 144, Page 715, Deed Records of Bailey County, Texas. (Affects Tract I only)._ 6. Right-of-way Easement executed by Keith Blair and Darla Blair on January 22, 1982, to Southwestern Public Service Company for an electric power line upon and across the following described property: A strip of land in Section 4, Block S-3, John H. Stephens Survey, Bailey County, Texas, extending 25.0 feet on each side of that certain 30.0 foot easement granted by Clyde Dennis on April 21, 1952, as shown in Volume 58, Page 101 of the Bailey County Deed Records. This easement is recorded in Volume 144, Page 685, Deed Records of Bailey County, Texas. (Affects Tract I only). Page 1 of 2 VO/lam P. 7. Easement and Right of Way for an electric power line executed by E. K. Warren & Son, a corporation, to Southwestern Public Service Company, said easement to extend 15.0 feet on either side of a described centerline, recorded in Volume 58, Page 165, Deed Records of Bailey County, Texas. (Affects Tracts II and III only). 8. Rights of the City of Lubbock under that certain Water Rights Lease Agreement between the City of Lubbock and Archie and Mildred Baker and Keith and Darla Blair dated December, 1982. (Affects Tracts I and II only). STATE OF TEXAS COUNTY OF BAILEY 1, Hazel Gilbreath, Clerk of the Counfy Court In and for said County, do hereby certify that the foregoing instrument was filed for Record in my office on the ...32th day of ___ December-_.., A.D. 19_�Z., at 2:00 o'clock.P-..M., and Recorded on the 5th day, of _ January A.D. 19-13, In _.__Deed _ Records of Bailey County, Vol. Page..a_12-20 WITNESS MY HAND SEAL at my office in Muleshoe Texas, the day, and years last above written. J��opONrrcoG� HAZEL' GILBREATH, Clerk of County Court, Bailey County, Texas. y: _ . _ .. _..� _. Deputy. Page 2 of 2 0 GENERAL WARRANTY DEED,. BILL OF SALE AND ASSIGNMENT• Archie Baker, etux, etas to The Travelers Ins. Company FILED FOR RECORD. I : (,, 1, 1:a82 At--_Hiw -G0 iN. HAZEL G113REATH County Clerk, Bailey Co., Texas $11.00 Chg. Aldridge,Harding,Aycock & Actkinson P.O. Box 286 Farwell, Texas 79325