HomeMy WebLinkAboutResolution - 3521 - Easement Conveyance & Assignment - BRA - Construction, Etc, LAH Dam - 01_10_1991Resolution # 3521
January 10, 1991
Item #19
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RESOLUTION
WHEREAS, the City of Lubbock, a Texas Home Rule Municipality, located
in Lubbock County, Texas (herein called "City") has been requested by Brazos
River Authority, A River Authority of the State of Texas, (herein called
"BRA") to convey and assign to BRA certain easements for the construction,
operation, and maintenance of Lake Alan Henry Dam (formerly called
Justiceburg Dam) and Lake Alan Henry (herein called "Project") to be built
by BRA on the South Fork of the Double Mountain Fork of the Brazos River in
Garza and Kent Counties, Texas; and
WHEREAS, City is agreeable to complying with the request of BRA to
expedite and further the Project in the interest of the City and its
citizens; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and
directed to execute for and on behalf of the City an Easement Conveyance and
Assignment from City (as Grantor) to BRA (as Grantee) in the form as
submitted by BRA, 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 loth day of January
B. C. McM NN, MAYOR
T:
e boya, Gity 5t-tretary
A VED AS 0 CONTENT:
Da A. Haw ins, irector o
Wa er Utilities
APPROVE AS TO FORM-
Ise)�.
19
J. W Fullingim, Assistant ty
Atto y
1991.
Resolution 13521
EASEMENT CONVEYANCE AND ASSIGNMENT
THE STATE OF TEXAS §
COUNTIES OF GARZA AND KENT §
KNOW ALL MEN BY THESE PRESENTS:
That the CITY OF LUBBOCK, TEXAS, a municipal corporation
of Lubbock County, Texas, hereinafter called "Grantor", for
valuable consideration, receipt of which is hereby acknowledged
has granted, transferred and conveyed and by these presents
does grant, transfer and convey unto BRAZOS RIVER AUTHORITY, a
river authority of the State of Texas, hereinafter called
Grantee, whose address is 4400 Cobbs Drive, Waco, Texas 76714,
an easement for the construction, operation and maintenance of
Lake Alan Henry Dam (formerly called Justiceburg Dam) and Lake
Alan Henry, hereinafter called "Project", to be built by
Grantee on the South Fork of the Double Mountain Fork of the
Brazos River in Garza and Kent Counties, Texas, on, over and
across the tracts of land conveyed to Grantor in fee simple by
the deeds listed in Exhibit "A", attached hereto, with it being
specially agreed by Grantor that Grantee shall have the right
to permanently flood, overflow and inundate all portions of
said tracts of land situated upstream of the said Lake Alan
Henry Dam and located below elevation 2220 feet above mean sea
level with waters impounded by or the flow of which is retarded
by the said Lake Alan Henry Dam; to temporarily flood, overflow
and inundate all or any part of said tracts held in fee by
Grantor located below said dam with water released through the
spillways or outlet works of said dam; and to temporarily
flood, overflow and inundate all parts of said lands held in
fee by Grantor situated upstream of said dam and located
between elevation 2220 feet above mean sea level and elevation
2245 feet above mean sea level with waters impounded by or the
flow of which is retarded by the said Lake Alan Henry Dam, with
it being agreed that Grantee shall never be liable to Grantor,
its successors or assigns, for damages to said tracts of land
or anything located thereon caused by the impoundment or
retardation of flow of water by said Alan Henry Dam. It is
further agreed that Grantee shall have access to all portions
of said land held in fee by Grantor for all purposes reasonably
related to the construction, operation and maintenance of
Project including, but not limited to,law enforcement.
Grantor further grants, transfers, conveys and assigns
unto Grantee all easements held by it or agreed to be conveyed
to it under the deeds listed in Exhibit "A", attached hereto.
This conveyance is made by Grantor and accepted by Grantee
subject to all outstanding mineral interests, royalty
interests, easements, leases, agreements, reservations,
restrictions, ordinances, covenants and encumbrances of record
in Garza and Kent Counties, Texas, which affect or pertain to
the premises described in the deeds listed in Exhibit "A",
2
attached hereto. All rights granted or assigned herein shall
remain in full force and effect for as long as Grantee operates
and maintains Project under the terms and conditions of that
certain Water Supply Agreement by and between Brazos River
Authority and the City of Lubbock, dated May 11, 1989, as same
may be amended from time to time. Upon termination of said
Agreement, said easements with the rights granted or assigned
herein shall terminate and revert to Grantor and Grantor's
successors and assigns.
TO HAVE AND TO HOLD the above described easements and
rights together with all and singular the rights and
appurtenances thereto in anywise belonging unto the said
Grantee and Grantee's successors and assigns forever and
Grantor does hereby bind itself, its successors and assigns to
warrant and forever defend all and singular the above described
easements and rights unto Grantee and Grantee's successors and
assigns against any person whomsoever lawfully claiming or to
claim the same or any part thereof, subject however to the
matters stipulated herein.
EXECUTED this the loth day of January , 1991.
THE CITY OF LUBBOCK, TEXAS
�J e
BY • //i'
B. C. McMinn, Mayor
3
ATTEST:
(4Rante Boyd, Ci �oretary
"Grantor"
THE STATE OF TEXAS
COUNTY OF LUBBOCK
THIS INSTRUMENT was acknowledged before me on the loth day
of January , 1991, by B. C. McMinn, Mayor of
the City of Lubbock, on behalf of said City and in the capacity
therein,stated.
�s
Notary Public in and for he State of
Texas
Commission expires:
A P OVED A TO CONTENT:
v
Dakn Hawkins, Director of
Wa ler Utilities
(Brazos\Lubbock.Easement)
4
z ss�)' I
PROPERTY DESCRIPTION
LAKE ALAN HENRY
BRAZOS RIVER AUTHORITY
PROPERTY NO. 1:
BEING two (2) tracts of land out of Section 47, Block 5 of the H. &
G. N. R.R. Co. Survey in Kent County, Texas, and being all of that
certain 159.89 acre tract of land conveyed by E. E. Ford and wife,
Willie Ford, to the City of Lubbock by deed dated May 13, 1988, and
recorded in Volume 190, Page 672 of the Deed Records of Kent County
Texas, to which reference is herein made for a full and complete
description, and also being all of that certain 35.90 acre tract of
land described in a Flood and Restrictive Easement from E. E. Ford,
et ux, to the City of Lubbock, dated May 13, 1988, and recorded in
Volume 190, Page 665 of the Deed Records of Kent County, Texas, to
which reference is herein made for a full and complete description.
PROPERTY NO. 2:
BEING eight (8) tracts of land out of Sections 55, 56 and 59, Block.
5 of the H. & G. N. R.R. Co. Survey in Garza and Kent Counties,
Texas, and being all of those tracts of land described as Reservoir
Area "A" and "B", containing a total of 496.06 acres, and also being
all of that certain 788.60 acre tract of land described as Dam and
Construction Area, and also being all of those tracts of land
described as Unusable Land "A", "B", "C", "D" and "E", containing a
total of 553.56 acres, in a deed from Billy Huddleston to the City
of Lubbock, dated September 1, 1989, and recorded in Volume 183,
Page 955 of the Deed Records of Garza County, Texas, said deed also
being recorded in Volume 195, Page 746 of the Deed Records -of Kent
County, Texas, to which reference is herein made for a full and
complete description.
PROPERTY NO. 3:
BEING three (3) tracts of land out of Section 70, Block 5 of the H.
& G. N. R.R. Co. Survey in Garza County, Texas, and being all of
that certain 300.56 acre tract of land described as Dam Construction
Area, and also being all of that certain 51.85 acre tract of land
described as Reservoir Area, and also being all of that certain 0.32
acre tract of land described as Unusable Land in a deed from Carol
Sue Reed and husband, John E. Reed, to the City of Lubbock, dated
August 25, 1989, and recorded in Volume 183, Page 819 of the Deed
Records of Garza County, Texas, said tracts being described by metes
and bounds on Exhibits "A", "B" and "C" in a Contract of Sale by and
between Carol Sue Reed, et vir, and the City of Lubbock, dated April
20, 1989, and recorded in Volume 180, Page 419 of the Deed Records
of Garza County, Texas, to which reference is herein made for a full
and complete description.
EXHIBIT "A" (Page 1 of 3)
PROPERTY NO. 4:
BEING two (2) tracts of land out of Sections 57, 58, 59, 67 and 68,
Block 5 of the H. & G. N. R.R. Co. Survey in Garza and Kent
Counties, Texas, and being all of that certain 422.66 acre tract of
land described as Reservoir Area, Emergency Spillway and Unusable
Land, and also being all of that certain 413.60 acre tract of land
described as Flood & Restrictive Easement and Restrictive Easement
in a deed from Mary Ellen Headstream and husband, J. W. Headstream,
to the City of Lubbock, dated August 24, 1989, and recorded in
Volume 183, Page 787 of the Deed Records of Garza County, Texas,
said deed also being recorded in Volume 195, Page 707 of the Deed
Records of Kent County, Texas, said tracts being described by metes
and bounds on Exhibits "A" and "D" in a Contract of Sale by and
between Mary Ellen Headstream, et vir, and the City of Lubbock,
dated April 7, 1989, and recorded in Volume 179, Page 562 of the
Deed Records of Garza County, Texas, and also being recorded in
Volume 194, Page 103 of the Deed Records of Kent County, Texas, to
which reference is herein made for a full and complete description.
PROPERTY NO. 5:
BEING twenty-two (22) tracts of land out of Sections 81 and 82,
Block 5 of the H. & G. N. R.R. Co. Survey in Garza County, Texas,
and being all of those tracts of land described as Reservoir Area
"A", "B", "C", "D" and "U", containing a total of 172.28 acres, and
also being all of that certain 117.75 acre tract of land described
as Flood and Restrictive Easement, and also being all of those
tracts of land described as Restrictive Easement "E" "F" "G" "H"
"It', „ J„ , „K„ , „L„ , „M„ , "N", „0" , TIP", „Q„ , „R" , „S„ and „T„
containing a total of 134.04 acres, in a deed from Billy Wayne
Williams and wife, Patsy Williams, to the City of Lubbock, dated
August 25, 1989, and recorded in Volume 183, Page 809 of the Deed
Records of Garza County, Texas, said tracts being described by metes
and bounds on Exhibits "A", "B" and "C" in a Contract of Sale by and
between Billy Wayne Williams, et ux, and the City of Lubbock, dated
April 21, 1989, and recorded in Volume 180, Page 440 of the Deed
Records of Garza County, Texas, to which reference is herein made
for a full and complete description.
PROPERTY NO. 6:
BEING forty-two (42) tracts of land out of Sections 79, 80, 94, 95,
96, 106 and 107, Block 5 of the H. & G. N. R.R. Co. Survey in Garza
County, Texas, and being all of those tracts of land described as
Reservoir Area "A" and "B", containing a total of 818.23 acres, and
also being all of those tracts of land described as Unusable Land
"A", "B", "C", "D", "E", "F" and "G", containing a total of 67.11
acres, and also being all of that certain 0.07 of an acre tract of
land described as Fee Simple Land, and also being all of those
tracts of land described as Public Access "A", "B" and "C",
containing a total of 324.34 acres, and also being all of those
tracts of land described as Flood and Restrictive Easement "A" and
"B", containing a total of 213.00 acres, and also being all of those
EXHIBIT "A" (Page 2 of 3)
tracts of land described as Restrictive Easement "A", "B", "C", "D"
"E" , "F" , "Gig , "H" , "I„, "J" , "K" , "Llr , "M" , "N" , 'TO", "P" , "Q"
"R", "S", "T", "U", "V", "W", "X", "Y", "Z" and "AA", containing a
total of 258.65 acres, in a deed from Nonnie Rodgers Ward and
husband, John Ward, to the City of Lubbock, dated August 30, 1989,
and recorded in Volume 183, Page 919 of the Deed Records of Garza
County, Texas, said tracts being described by metes and bounds on
Exhibits "A", "B", "C", "D" and "E", in a Contract of Sale by and
between Nonnie Rodgers Ward, et vir, and the City of Lubbock, dated
April 18, 1989, and recorded in Volume 180, Page 1 of the Deed
Records of Garza County, Texas, to which reference is herein made
for a full and complete description.
PROPERTY NO. 7:
BEING a tract of land out of the southwest quarter of Section 106,
Block 5 of the H. & G. N. R.R. Co. Survey in Garza County, Texas,
and being all of that certain 158.82 acre tract of land conveyed by
Samuel S. Bevers and wife, Odella M. Bevers, to the City of Lubbock
by deed dated December 1, 1989, and recorded in Volume 185, Page 735
of the Deed Records of Garza County, Texas, to which reference is
herein made for a full and complete description.
EXHIBIT "A" (Page 3 of 3)