HomeMy WebLinkAboutResolution - 2748 - Agreement- Power Tex Joint Venture- Pipeline Purchase, Operation, & Maintenance - 02_11_1988Resolution #2748
February 11, 1988
Item 26
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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 Pipeline
Purchase Agreement and Pipeline Operating and Maintenance Agreement and
associated documents by and between the City of Lubbock and Power -Tex Joint
Venture, 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 11th day of
ATTEST:--
Kaneiie poya, pity Secretarg+ V
-APPROVED-AS TO CONTENT:
F70bert Massengale, As istant City
Manager for Financial Services
APPROVED AS TO FORM:
uonaia G. vanaiver, first Assis
City Attorney
February , 1988.
e
'e. (f - & _ h 0 C. 0 �*� -
B.C. MCMINN, MAYOR
Resolution #2748
February 1j, 1988
PIPELINE PURCHASE AGREEMENT
This Agreement made and entered into by- and between
POWER-TEX JOINT VENTURE ("SELLER"), and THE CITY OF LUBBOCK
("BUYER") on the day hereinafter written, as follows:
The Seller hereby agrees to sell and. the Buyer agrees to
purchase the real and personal property comprising an 8" gas
pipeline extending approximately 32 miles in Lubbock, Lynn and
Garza Counties, Texas, described below, upon the terms and
conditions set out in this Agreement:
1. Identification of Property Subject of Sale:
The real and personal property, which is the subject of
this sale, is the 8" gas pipeline and all equipment related to
the operation of said pipeline described in the attached Exhibit
"A", including all rights in the real property upon which the
pipeline is situated, evidenced by easements or other title
documents described in the attached Exhibit "B", which Exhibits
are hereby referred to and incorporated herein by reference. All
of the property, included in this transaction, will be
hereinafter referred to as the "PIPELINE".
2. Purchase Price:
The purchase price for the pipeline, which is the
subject of this Agreement, shall be $985,000.00 cash to be paid
by the Buyer to the Seller at closing.
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3. Representations and Warranties of Seller:
The Seller represents and warrants the following in
connection with this transaction:
A. The Seller is a Joint Venture organized under the
Uniform Partnership Act as adopted in the State of Texas and
is comprised of the following partners who own the following
percentages of Seller:
GGSI Gas Co., a corporation 65.36%
Power Line, Inc., a corporation 25.00%
Crown Gas Co., a corporation 8.14%
Joe J. Reynolds, individually 1.50%
B. The Seller is the owner, in fee simple, of the pipeline
and has full power and authority to transfer good title,
free and clear of all encumbrances, in the pipeline to the
Buyer, except as specifically disclosed in this Agreement.
C. The partners of the Seller have authorized the
undersigned J. K. Freeman to act as their authorized agent
in the execution of this Contract and in the execution of
all assignments, conveyances, bills of sale or other
documents reasonably required in the consummation of this
transaction. Seller shall provide to Buyer, prior to
closing, an appropriate partnership resolution, corporate
resolutions and/or powers of attorney evidencing the
authority of the said J. K. Freeman.
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D. The Seller is not aware of any deficiencies, defects,
complaints or disputes in connection with the location or
operation of the pipeline, except as specifically disclosed
to the Buyer in this Agreement or otherwise, in writing.
E. All authorizations, permits, licenses, or other legal
requirements of regulatory agencies having jurisdiction for
the operation of the pipeline for its intended purpose of
transporting natural gas from its point of beginning in
Garza County, Texas, to the Holly Avenue Generating Station
of the Buyer in Lubbock County, Texas, have been received or
satisfied.
F. The pipeline is to be conveyed to the Buyer, at
closing, free and clear of all encumbrances, with general
warranty of title.
4. Transfer of Permits and Licenses:
There shall be included in the rights to be transferred
to the Buyer, at closing, all permits and licenses required for
the operation of the pipeline for its intended purpose as set out
in this Agreement.
5. Operation of Pipeline Subsequent to Closing:
A. Concurrently with the closing of this transaction,
Buyer and Seller hereby agree to enter into a Pipeline
Operating and Maintenance Agreement which sets forth the
terms and conditions under which Seller will provide the
-3-
routine daily operation of the pipeline.
B. Beginning concurrently with the closing of this
transaction and continuing for so long as Buyer owns the
pipeline, Buyer and Seller hereby agree that the Seller
shall be entitled to utilize any excess transportation
capacity in the pipeline. "Excess transportation capacity"
shall mean the difference between the volume of natural gas
being transported through the pipeline by Buyer at any given
time and the maximum volume of natural gas which the
pipeline is capable of transporting under applicable
technical and regulatory limitations. Seller shall be
entitled to construct and install necessary facilities to
utilize its right of excess capacity as provided in this
subparagraph, but all of such equipment and facilities
constructed for such purpose shall be at the sole risk and
cost of the Seller. Notwithstanding anything to the
contrary in this subparagraph, the Buyer shall, at all
times, have first priority to utilize the transportation
capacity of the pipeline.
6. Easement Disputes:
It is understood that there are or may be existing
disputes with property owners concerning the right-of-way
easements upon which the pipeline is situated, including the
right-of-way easements described in the attached Exhibit "C"
which is hereby referred to and incorporated herein by
reference. The Seller hereby accepts sole responsibility
for the resolution of any such disputes and agrees to
indemnify and hold the Buyer harmless from any costs,
expenses or liability in connection with such disputes.
7. Conditions of Closing:
The closing of this transaction is conditioned
upon the occurrence of the following:
A. The delivery by the Seller of documents and
information satisfactory to counsel for the Buyer
showing that the Seller has good title to the property
and rights, which are the subject of this Agreement,
and that the Seller is capable of conveying such
property and rights to the Buyer, free and clear of all
encumbrances, except those specifically provided for
herein.
B. This Agreement being approved by the City Council
of THE CITY OF LUBBOCK.
C. The Buyer being satisfied that the pipeline is
lawfully laid and that all requirements of regulatory
authorities having jurisdiction have been satisfied to
permit the operation of the pipeline for its intended
purpose as set out in this Agreement.
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8. Closing:
The closing of this transaction shall occur on February
29, 1988, or as soon as reasonably practicable thereafter. In no
event shall the closing of this transaction be extended beyond
April 1, 1988. It is intended. that the effective date of the
transfer of possession and control of the pipeline shall be March
1, 1988. The place of closing shall be offices of LUBBOCK POWER
& LIGHT, a division of the Buyer, in Lubbock, Texas. At the
closing, the Buyer shall pay to the Seller the sum of $985,000.00
by wire transfer, and Seller shall execute and deliver to the
Buyer assignments, conveyances or bills of sale as may be
reasonably required by counsel for the Buyer to transfer good and
indefeasible title in the pipeline to the Buyer, with warranty of
title and subject only to the exceptions as provided in this
Agreement.
9. Survival of Agreements and Guaranty:
All agreements, representations and warranties
contained in this contract shall survive the closing and remain
in full force and effect until the full performance thereof.
Each partner of Seller shall, by his or its joinder in this
Agreement, unconditionally guarantee the performance of all
agreements, representations and warranties of Seller under this
Agreement and all contracts, assignments, conveyances and deeds
executed pursuant to this Agreement.
E:M
10. Binding Effect:
This Agreement shall be binding on the parties hereto,
their successors and
l1 assigns.
EXECUTED this �1day of February, 1988.
POWER-TEX JOINT VENTURE
By:
utho ized Agent
LLER
THE CITY OF LUBBOCK
By: Vf.j
ayor
BUYER
GGSI GAS COMPANY -
By:
r 1 nt
G RANTOR
POWER LINE, INC.
111�
BykRANTOR
'zed Agent
G
CROWN GAS CO.
By:
ut orized Agent
G ANTOR
-7-
JOE J. REYNOLDS
Q P4��e�
By:
,ogttor ey-in-Fact
GUARANTOR
QZ
Main Pipeline•
Quantity
Approximately 32 mi.
1
4
1
4
1
1
At Cedar Hills:
EXHIBIT "A"
LIST OF FACILITIES
Description
8" Steel Pipeline
Resun 6020 Line Isolation Valve
8" M & J 303 Valves
6" M & J 303 Valve
4" Rockwell 2245 Valves
Pig Launcher (in yard)
Cathodic Retifier with deep well
Quantity Description
5 2" 600 WKM RF Flanged Valves
2 2" Meter Runs with Daniels Jr. Fittings
2 Barton 202 E Meters
2 2" Wheatley Check Valves
1 YZ Gas Sampler with 2 YZ 500cc Cylinders
1 4'x4' Metal Meter House
All are mounted on a common skid
At Pleasant Valle
Quantity
1
1
1
1
1
Description
2" Meter Run with Daniels Jr. Fittings
3" Turbine Meter
3" Isolation Valve
Barton 202 E Meter
YZ Gas Sampler with 2 YZ 500cc Cylinders
EXHIBIT "B"
PROPERTY LOCATED IN GARZA COUNTY, TEXAS:
1. Right of Way Agreement dated November 3, 1981, recorded in
Book 143, Page 905, Deed Records of Garza County, Texas,
executed by Larence J. Jackson and Dortha Jackson in favor of
Carbon Dioxide Technology Corporation, covering a 20' wide
strip of land out of the NE/4 of Section 10, in the K. Aycock
Survey, Block 5, Abstract 508, as recorded in Book 106, Page
159, Deed Records, Garza County, Texas.
2. Right of Way Agreement acknowledged on January 12, 1982, and
recorded in Book 144, Page 25, Deed Records of Garza County,
Texas, executed by Pauline Bland in favor of Carbon Dioxide
Technology Corporation, covering a 20' wide strip of land out
of the SE/4 of Section 1231 and part in the W/2 of the NE/4 of
Section 10 in the J. V. Massey Survey and the K. Aycock
Survey, Abstracts 333 and 508, respectively, Garza County,
Texas, as recorded in Book 131, Page 536, Deed Records of
Garza County, Texas.
3. Right of Way Agreement dated December 10, 1981, recorded in
Book 143, Page 915 Deed Records of Garza County, Texas,
executed by Kenneth F. Montgomery, et al, in favor of Carbon
Dioxide Technology Corporation, covering a 20' wide strip of
land in the J. R. Galbreth and the J. V. Massey Surveys,
Abstracts 938, 645 and 333, respectively, as recorded in Book
9, Page 31, of the Deed Records of Garza County, Texas.
4. Right of Way Agreement dated December 10, 1981, recorded in
Book 143, Page 909, Deed Records of Garza County, Texas,
executed by Kenneth F. Montgomery, et al, in favor of Carbon
Dioxide Technology Corporation, covering a 20' wide strip of
land in Sections 1229, 5, 1228, and a portion of Section 10,
in the K. Aycock Survey and the J. V. Massey Survey, Abstract
508, 333, respectively as recorded in Deed Record Book 9, Page
31, Garza County, Texas.
5. Right of Way Agreement dated November 29, 1981, recorded in
Book 143, Page 901, Deed Records of Garza County, Texas,
executed by William Paul Simpson, Robert Luther Simpson and
Leon Francis Simpson, in favor of Carbon Dioxide Technology
Corporation, covering a 20' wide strip of land in the NW/4 of
Section 10, and SW/4 of Section 1231 in the J. V. Massey
Survey, and the K. Aycock Survey, Abstract 333, and 508,
respectively, as recorded in Deed Record, Book 34, Page 181,
Garza County, Texas.
6. Right of Way Agreement dated November 10, 1981, recorded in
Book 143, Page 896, Deed Records of Garza County, Texas,
executed by Clarence Gunn and Oneta Gunn in favor of Carbon
Dioxide Technology Corporation, covering a 20' wide strip of
land in the west part north of highway in Section 1231,
Abstract 333 as recorded in Deed Records, Book 80, Page 364,
Garza County, Texas.
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PROPERTY LOCATED IN GARZA COUNTY, TEXAS (Continued)
7. Right of Way Agreement dated November 10, 1981, recorded in
Book 143, Page 892_, Deed Records of Garza County, Texas,
executed by C. B. Bullard in favor of Carbon Dioxide
Technology Corporation, covering a 20' wide strip of land in
the SW/4 of Section 1236, A. B. 8 M. Survey, Abstract 644, as
recorded in Book 141, Page 20, Deed Records of Garza County,
Texas.
8. Right of Way Agreement dated December 8, 1981, recorded in
Book 143, Page 887, Deed Records of Garza County, Texas,
executed by T. H. Tipton in favor of Carbon Dioxide Technology
Corporation, covering a 20' wide strip of land in Section
1236, A. B. 8 M. Survey, Abstract 644, and part in Survey 4,
Block A, Abstract 1065, and further described in Deed Record
in Book 104, Page 72 and Book 49, Page 276, respectively,
Garza County, Texas.
9. Right of Way Agreement dated November 10, 1981, recorded in
Book 143, Page 883, Deed Records of Garza County, Texas,
executed by Ted Shults in favor of Carbon Dioxide Technology
Corporation, covering a 20' wide strip of land in Section 2,
and Section 4 in Survey No. 2, S. F. 8369 and Survey 4, S.F.
1442, Abstract 1168 and Abstract 1065, respectively, as
recorded in Book 48, Page 457, Deed Records of Garza County,
Texas.
10. Right of Way Agreement acknowledged on November 3,
1981, recorded in Book 143, Page 879, Deed Records
of Garza County, Texas, executed by Elias Sepeda Martinez, in
favor of Carbon Dioxide Technology Corporation, covering a 20'
wide strip of land in the NE/4 of Section 1402, Block 1, E. L.
6 R.R. R.R. Survey, Abstract 650, as recorded in
Book 125, Page 312, Deed Records of Garza County, Texas.
11. Right of Way Agreement dated November 11, 1981, recorded in
Book 143, Page 874, Deed Records of Garza County, Texas,
executed by Charlie N. Brown in favor of Carbon Dioxide
Technology Corporation, covering a 20' wide strip of land
in the NE/4 of Section 1402, Block 1, E. L. & R.R. R.R.
Survey, Abstract 650, as recorded in Book 41, Page 595, Deed
Records of Garza County, Texas.
12. Right of Way Agreement dated November 3, 1981, recorded in
Book 143, Page 870, Deed Records of Garza County, Texas,
executed by Barnie Jones and Evelyn Jones, in favor of Carbon
Dioxide Technology Corporation, covering a 20' wide strip of
land in the SE/4 of Section 1298, J. R. Galbreth Survey,
Abstract 643, as recorded in Book 42, Page 538, Deed Records
of Garza County, Texas.
PAGE 3
PROPERTY LOCATED IN GARZA COUNTY, TEXAS (Continued)
13. Right of Way Agreement dated November 5, 1981, recorded in
Book 143, Page 865, Deed Records of Garza County, Texas,
executed by J. E. Winder in favor of Carbon Dioxide Technology
Corporation, covering a 20' wide strip of land in the SW/4 of
Section 1298 in the J. R. Galbreth Survey, Abstract 643, as
recorded in Book 30, Page 337, Deed Records of Garza County,
Texas.
14. Right of Way Agreement dated October 22, 1981, recorded in
Book 143, Page 861, Deed
Records
of Garza County,
Texas,
executed by D. H. Bartlett,
in favor of Carbon
Dioxide
Technology Corporation,
covering a
20' wide strip
of land
in the SE/4 of Section
1297, D. 6
W. R.R. Survey,
Abstract
293, as recorded in
Book 42,
Page 114, Deed
Records
of Garza County, Texas.
15. Right of Way Agreement dated November 31, 1981, recorded in
Book 143, Page 857, Deed Records of Garza County, Texas,
executed by Pearl Robinson, in favor of Carbon Dioxide
Technology Corporation, covering a 20' wide strip of land
in the NE/4 of Section 1302, P. H. Talley Co. Survey, Abstract
741, as recorded in Book 34, Page 329, Deed Records
of Garza County, Texas.
16. Right of Way Agreement dated October 19, 1981, recorded in
Book 143, Page 853, Deed Records of Garza County, Texas,
executed by Paul Wheatley in favor of Carbon Dioxide
Technology Corporation, covering a 20' wide strip of land
in the SW/4 of Section 1281, B.S. 6 F.R.R. Co. Survey,
Abstract 287, as. recorded in Book 44, Page 64, Deed Records
of Garza County, Texas.
17. Right of Way Agreement dated October 9, 1981, recorded in
Book 143, Page 849, Deed Records of Garza County, Texas,
executed by Barbara Ethridge in favor of Carbon Dioxide
Technology Corporation, covering a 20' wide strip of land
in the SW/4 of Section 1281, B.S. 6 F. R.R. Co. Survey,
Abstract No. 287, as recorded in Book 44, Page 64, Deed
Records of Garza County, Texas.
18. Right of Way Agreement dated October 7, 1981, recorded in
Book 143, Page 845, Deed Records of Garza County, Texas,
executed by Henry M. Wheatley, in favor of Carbon Dioxide
Technology Corporation, covering a 20' wide strip of land
in the SW/4 of Section 1281, B. S. and F. R.R. Co. Survey,
Abstract 287, as recorded in Book 44, Page 64, Deed Records
of Garza County, Texas.
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PROPERTY LOCATED IN GARZA COUNTY, TEXAS (Continued)
19. Right of Way Agreement dated October 27, 1981, recorded in
Book 143, Page 837, Deed Records of Garza County, Texas,
executed by Pat Webb, in favor of Carbon Dioxide Technology
Corporation, covering a 20' wide strip of land in the SW/4 of
Section 1281, B. S. & F. R.R. Co. Survey, Abstract 287, as
recorded in Book 44, Page 64, Deed Records of Garza County,
Texas.
20. Right of Way Agreement dated October 20, 1981, recorded 'in
Book 143, Page 841, Deed Records of Garza County, Texas,
executed by Kent Wheatley, in favor of Carbon Dioxide
Technology Corporation, covering a 20' wide strip of land
in the SW/4 of Section 1281, B.S 8 F. R.R. Co. Survey,
Abstract 287, as recorded in Book 44, Page 64, Deed Records
of Garza County, Texas.
21. Right of Way Agreement dated October 1, 1981, recorded in
Book 143, Page 805, Deed Records of Garza County, Texas,
executed by Elmer L. Hitt in favor of Carbon Dioxide
Technology Corporation, covering a 20' wide strip of land
in NE/4 Section 2, H. E. and W. T. R. R. Survey, Abstract
891, as recorded in Book 15, Page 188, Deed Records
of Garza County, Texas.
22. Right of Way Agreement dated November 4, 1981, recorded in
Book 143, Page 832, Deed Records of Garza County, Texas,
executed by B. W. Altman and Hazel Altman in favor of Carbon
Dioxide Technology Corporation, covering a 20' wide strip of
land in the SE/4 of Section 1255, T. T. and R. R. Co. Survey,
Abstract 342, as recorded in Book 134 and 38, Page 248-249 and
296-297 respectively, Deed Records of Garza County, Texas.
23. Right of Way Agreement dated October 8, 1981, recorded in
Book 143, Page 801, Deed Records of Garza County, Texas,
executed by Jewell Ward, in favor of Carbon Dioxide Technology
Corporation, covering a 20' wide strip of land in the SW/4 of
Section 1255, T. T. R. R. Co. Survey, Abstract 342, as
recorded in Book 111, Page 112, Deed Records of Garza County,
Texas.
24. Right of Way Agreement dated October 20, 1981, recorded in
Book 143, Page 797, Deed Records of Garza County, Texas,
executed by Virginia Lee Gentry, in favor of Carbon Dioxide
Technology Corporation, covering a 20' wide strip of land
in the SW/4 of Section 1255, T. T. R. R. Co. Survey, Abstract
342, as recorded in Book 111, Page 112, Deed Records
of Garza County, Texas.
- PAGE 5
PROPERTY LOCATED IN GARZA COUNTY, TEXAS (Continued)
25. Right of Way Agreement dated December 17, 1981, recorded in
Book 144, Page 404, Deed * Records of Garza County, Texas,
executed by Maxine Durrett Marks Earl, in favor of Carbon
Dioxide Technology Corporation, covering a 20' wide strip of
land in the N/2 of the NW/4 of Section 1255 in the T. T. R. R.
Co. Survey, Abstract No. 342, as recorded in
Book 15, Page 255, Deed Records of Garza County, Texas.
26. Right of Way Agreement dated December 17, 1981, recorded in
Book 143, Page 828, Deed Records of Garza County, Texas,
executed by Maxine Durrett Marks Earl, in favor of Carbon
Dioxide Technology Corporation, covering a 20' wide strip of
land in Survey 2 and Survey 4, Block A, Abstracts 1168 and
1065, respectively, as recorded in Book 20, Page 38, Deed
Records of Garza County, Texas.
27. Right of Way Agreement dated December 7, 1981, recorded in
Book 143, Page 824, Deed Records of Garza County, Texas,
executed by L. E. Bartlett, in favor of Carbon Dioxide
Technology Corporation, covering a 20' wide strip of land
in the N/2 of Section 134, T. T. R. R. Co. Survey, Abstracts
344, as recorded in Book 28, Page 132, Deed Records
of Garza County, Texas.
28. Right of Way Agreement dated September 28, 1981, recorded in
Book 143, Page 819, Deed Records of Garza County, Texas,
executed by F. D. Wheeler, in favor of Carbon Dioxide
Technology Corporation, covering a 20' wide strip of land
in the E/2 of Section 1249, A.B. and M. R.R. Survey, Abstract
278 as recorded in Book 95 and 101, Pages 565 and 927,
respectively, Deed Records of Garza County, Texas.
29. Right of Way Agreement dated October 7, 1981, recorded in
Book 143, Page 815, Deed Records of Garza County, Texas,
executed by V. C. Wheeler, in favor of Carbon Dioxide
Technology Corporation, covering a 20' wide strip of land
in the NW/4 of Section 1250, L.P.G. R.R. Survey, Abstract
759,.as recorded in Book 125, Page 69, Deed Records
of Garza County, Texas.
30. Right of Way Agreement dated October 19, 1981, recorded in
Book 143, Page 811, Deed Records of Garza County, Texas,
executed by Maxine Wood, Executrix of the Estate of W. C.
Wood, Deceased, in favor of Carbon Dioxide Technology
Corporation, covering a 20' wide strip of land in the SE/4 and
the SW/4 of Section 1259, in the J. H. Gibson Survey, Abstract
309, as recorded in Book 89, Page 444, Deed Records
of Garza County, Texas.
- PAGE 6
PROPERTY LOCATED IN GARZA COUNTY, TEXAS (Continued)
31. That certain right-of-way granted to Carbon Dioxide Technology
Corporation on April 26, 1982, in Cause No. 3673 in
the District Court of Garza County, Texas, covering a strip of
land 20' in width in the ABBM Survey No. 1236, Abstract
No. 644, Garza County, Texas, and being further described in
Book 81, Page 617, and Book 86, Page 627 of the Deed Records
of Garza County, Texas.
32. That certain right-of-way granted to Carbon Dioxide Technology
Corporation on February 2, 1982, in Cause No. 3663 in
the District Court of Garza County, Texas, covering a strip of
land 20' in width in the NE/4 of Section 1297, D6W Railway Co.
Survey, Abstract No. 293 Garza County, Texas, as per
Settlement Agreement and Release dated January 20, 1983,
entered into between Jack Burkett, et al and Carbon Dioxide
Technology Corporation.
33. That certain right-of-way granted to Carbon Dioxide Technology
Corporation on February 4, 1982, in Cause No. 3664, in
the District Court of Garza County, Texas, covering a strip of
land 20' in width in the NW/4 of Section 1297, D6W Railway Co.
Survey, Abstract No. 293, Garza County, Texas. ,
34. That certain right-of-way granted to Carbon Dioxide Technology
Corporation on February 22, 1982, in Cause No. 3675, in
the District Court of Garza County, Texas, covering a strip of
land 20' in width in the SE/4 of Section 1281, BS&F Railway
Co. Survey, Abstract No. 287, Garza County, Texas.
35. That certain right-of-way granted to Carbon Dioxide Technology
Corporation on February 4, 1982, in Cause No. 3661, in
the District Court of Garza County, Texas, covering a strip of
land 20' in width in the W/2 of Section 1281, BSSF Railway
Co. Survey, Abstract No. 357, Garza County, Texas.
36. That certain right-of-way granted to Carbon Dioxide Technology
Corporation on February 1, 1982, in Cause No. 3662, in
the District Court of Garza County, Texas, covering a strip of
land 20' in width in the NE/4 of Section 1253, Abstract No.
345, and an 87 acre tract in the S/2 of the NW/4 of Section
1255, Abstract No. 342, both in T.T. Ry. Co. Survey, Garza
County, Texas, as per Settlement Agreement and Release dated
January 20, 1983, entered into between Virgil Smith, et al,
and Carbon Dioxide Technology Corporation.
- PAGE 7
PROPERTY LOCATED IN GARZA COUNTY, TEXAS (Continued)
37. That certain right-of-way granted to Carbon Dioxide" --...----
Technology Corporation on February 4, 1982, in Cause
No. 3665, in the District Court of Garza County, Texas,
covering a strip of land 20' in width in the SE/4 of
Section 1245, T. T. Ry. Co. Survey Abstract
No-. 344 Garza County, Texas.
38. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on -March 12, 1982, in Cause
No. 3674, in the District Court of Garza County, Texas,
covering a strip of land 20' in width in the SW/4 of
Section 1245, T.T. Ry. Co. Survey, Abstract
No. 344 Garza County, Texas.
39. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on March 12 1982, in Cause
No. 3672, in the District Court of Garza County, Texas,
covering a strip of land 20' in width in the NE/4 and in
the S/2 of Section 1250, ABSM Survey, Abstract
No. 759 Garza County, Texas, and further described in
that one certain Pipeline Right -of -Way executed by Janet
Wilson Ferguson, C. R. Lancaster, Travis Lancaster and C.
R. (Pete) Travis, dated April 2, 1986, and recorded in
Volume 155, Page 381, Deed Records of Garza County, Texas.
PROPERTY LOCATED IN LYNN COUNTY, TEXAS
40. Right of Way Agreement dated September 29, 1981, recorded
in Volume 260, Page 655, Deed Records of Lynn County,
Texas, executed by Walter G. Stolle, in favor of Carbon
Dioxide Technology Corporation, covering a 20' wide strip
of land in the SW/4 of Section 1263, J.H.G. Survey,
Abstract No. 1277, as recorded in
Volume 173, Page 123, Deed Records of Lynn County, Texas.
41. Right of Way Agreement dated December 9, 1981, recorded in
Volume 260, Page 651, Deed Records of Lynn County, Texas,
executed by Dwayne Preston and Suzanne Preston in favor of
Carbon Dioxide Technology Corporation, covering a 20' wide
strip of land in the N/2 of Section 13, Block J, G.W.T. &
P.R. R.R. Survey, Abstract 61, as recorded in
Volume 203, Page 159, Deed Records of Lynn County, Texas.
- PAGE 8
PROPERTY LOCATED IN LYNN COUNTY, TEXAS (Continued)
42. Right of Way Agreement dated December 14, 198(1), recorded
in Volume 260, Page 645, Deed Records of Lynn County,
Texas, executed by Gloria Hardin, in favor of Carbon
Dioxide Technology Corporation, covering a 20' wide strip
of land in Section 11, Block J, A.C. H & B. R.R. Survey,
Abstract 115, and in Section 9, Block J, B.S. b F Survey,
Abstract 119, as recorded in Volume 1, Pages 233, and 234,
respectively, Deed Records of Lynn County, Texas.
43. Right of Way Agreement dated September 23, 1981, recorded
in Volume 260, Page 641, Deed Records of Lynn County,
Texas, executed by Walter O. Heinrich and Lillian
Heinrich, in favor of Carbon Dioxide Technology
Corporation, covering a 20' wide strip of land in the NE/4
of Section 7, Block J, J.H.G. Survey, Abstract 270, as
recorded in Volume 135, Page 22, Deed Records
of Lynn County, Texas.
44. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on March 12, 1982, in Cause
No. 5, in the District Court of Lynn County, Texas,
covering a strip of land 20' in width in the S/2 of
Section 8, D S W Railway Co. Survey, Block 0, Abstract
No. 627, Lynn County, Texas, and further described in
Pipeline Right -of -Way executed by Janet Wilson Ferguson
and Ed Moseley, dated April 2, 1986, and recorded in
Volume 282, Page 516, Deed Records of Lynn County, Texas.
45. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on March 12, 1982, in Cause
No. 10, in the District Court of Lynn County, Texas,
covering a strip of land 20' in width in the NW/4 of
Section 8, D&W Railway Co. Survey, Block 0, Abstract 627,
Lynn County, Texas, and being further described in that
certain Pipeline Right -of -Way executed by Carol F.
Henderson and Ed Moseley, dated April 2, 1986, and
recorded in Volume 282, Page 519, of the Deed Records
of Lynn County, Texas.
46. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on March 12, 1982, in Cause
No. 7, in the District Court of Lynn County, Texas,
covering a strip of land 20' in width in the NE/4 of
Section 5, D 6 W Railway Co. Survey, Block 0, Abstract
121, Lynn County, Texas, and being further described in
that certain Pipeline Right -of -Way executed by Betty
Ferguson McKinnon and Dave Roberson, dated March 31, 1986,
and recorded in Volume 282, Page 542, of the Deed Records
of Lynn County, Texas.
- PAGE 9
PROPERTY LOCATED IN LYNN COUNTY, TEXAS (Continued)
47._ That certain right-of-way granted to- -Carbon Dioxide --
Technology Corporation on March 12, 1982, in Cause
No. 4, in the District Court of Lynn County, Texas,
covering a strip of land 20' in width in the NE/4 of
Section 1273, EL&RR Co. Survey Abstract No. 1276,
Lynn County, Texas.
48. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on March 4, 1982, in Cause No. 3 in
the District Court of Lynn County, Texas, Covering a strip
of land 20' in width in the NW/4 of Section 1273, ELSRR
Co. Survey, Abstract No. 1276, Lynn County, Texas.
49. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on March 12, 1982, in Cause
No. 6, in the District Court of Lynn County, Texas,
covering a strip of land 20' in width in the NE/4 of
Section 1265, J. H. Gibson Survey, Abstract
No. 1241, Lynn County, Texas.
50. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on March 49 1982, in Cause
No. 1, in the District Court of Lynn County, Texas,
covering a strip of land 20' in width in the NW/4 and S/2
of Section 1265, J. H. Gibson Survey, Abstract No. 311,
Lynn County, Texas.-
51. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on March 4, 1982, in Cause
No. 2, in the District Court of Lynn County, Texas,
covering a strip of land 20' in width in the S/2 of
Section 12, A.C.H. & B. R.R.' Co. Survey Abstract
No. 637 Lynn County, Texas.
PROPERTY LOCATED IN LUBBOCK COUNTY, TEXAS
52. Right of Way Agreement dated January 18, 1982, recorded in
Volume 1770, Page 103, Deed Records of Lubbock County,
Texas, executed by Edna Fenley and Joe R. Rhoads in favor
of Carbon Dioxide Technology Corporation, covering a 20,
wide strip of land in S/2 of NE/4 of Section 24, Block 24,
H.E. S W.T.R.R. Survey, Abstract 914, as recorded in
Volume 17, Page 530, Deed Records of Lubbock County,
Texas.
- PAGE 10
PROPERTY LOCATED IN LUBBOCK COUNTY, TEXAS (Continued)
53. Right of Way Agreement dated November 6, 1981, recorded in
Volume 1768, Page 946, Deed Records of Lubbock County,
Texas, executed by Lula Barnett Rhoads in favor of Carbon
Dioxide Technology Corporation, covering a 20' wide strip
of land in the W/2 of NW/4 of Section 24, Block 24, H.E. 6
W.T. R.R. Survey, Abstract No. 914, as recorded in
Volume 17, Page 530, Deed Records of Lubbock County,
Texas.
54. Right of Way Agreement dated August 31, 1981, recorded in
Volume 1768, Page 925, Deed Records of Lubbock County,
Texas, executed by H. R. Schwertner and Rita
Schwertner, in favor of Carbon Dioxide Technology
Corporation, covering a 20' wide strip of land in the NW/4
of Section 52, Block S, G.C. and S.F. R.R. Survey,
Abstract 465, as recorded in Volume 861, Page 545, Deed
Records of Lubbock County, Texas.
55. Right of Way Agreement dated August 26, 1981, recorded in
Volume 1768, Page 937, Deed Records of Lubbock County,
Texas, executed by C. B. Bloxom, in favor of Carbon
Dioxide Technology Corporation, covering a 20' wide strip
of land in the E/2 of the NE/4 of Section 53, Block S,
G.C. and S. F. R.R. Survey, Abstract 226, as recorded in
Volume 375, Page 390, Deed Records of Lubbock County,
Texas.
56. Right of Way Agreement dated August 31, 1981, recorded in
Volume 1768, Page 930, Deed Records of Lubbock County,
Texas, and re -recorded in Volume 1780, Page 218, Deed
Records of Lubbock County, Tbxas, executed by Audrey
Kitten, Independent Execturix of the Estate of L. B.
Kitten, Deceased, in favor of Carbon Dioxide Technology
Corporation, covering a 20' wide strip of land in E/2 of
Section 54, Block S, G.C. and S. F. R. R. Survey, Abstract
464, as recorded in Volume 62, Page 489, Deed Records
of Lubbock County, Texas.
57. Valve Easement (Supplemental to Existing Easement)
dated August 31, 1981, recorded in Volume 1768,
Page 935, Deed Records of Lubbock County, Texas, and
re -recorded in Volume 1780, Page 223, Deed Records of
Lubbock County, Texas, executed by Audrey Kitten,
Independent Executrix of the Estate of L. B. Kitten, in
favor of Carbon Dioxide Technology Corporation, covering a
20' wide strip of land in E/2 of Section 54, Block S, G.C.
and S.F.R.R. Survey, Abstract 464, being further described
in Volume 62, Page 489, Deed Records of Lubbock County,
Texas.
- PAGE 11
PROPERTY LOCATED IN LUBBOCK COUNTY, TEXAS (Continued)
58. Right of Way Agreement dated August 31, 1981, recorded in
Volume 1768, Page 941, Deed Records of Lubbock County,
Texas, executed by H.R. Schwertner and Mrs. H. R.
Schwertner in favor of Carbon Dioxide Technology
Corporation, covering a 20' wide strip of land in SW/4 of
Section 54, Block S, G.C. and S.F. R.R. Survey, Abstract
No. 464, as recorded in Volume 304, Page 297, Deed Records
of Lubbock County, Texas.
59. Right of Way Agreement dated September 3, 1981, recorded
in Volume 1768, Page 920, Deed Records of Lubbock County,
Texas, executed by Walter C. Denzer and Mary Jane
Denzer, in favor of Carbon Dioxide Technology Corporation,
covering a 20' wide strip of land in the NW/4 of Section
54, Block S, G.C. and S. F. R. R. Survey, Abstract 464, as
recorded in Volume 839, Page 39, Deed Records of Lubbock
County, Texas.
60. Right of Way Agreement dated September 14, 1981, recorded
in Volume 1768, Page 915, Deed Records of Lubbock County,
Texas, executed by E. J. Wimmer and Joerita Wimmer, in
favor of Carbon Dioxide Technology Corporation, covering a
20, wide strip of land in the E/2 of the North 200 acres
of Section 55, Block S, G.C. and S.F.R.R. Survey, Abstract
No. 225, as recorded in Volume 714, Page 645, Deed Records
of Lubbock County, Texas.
61. Right of Way Agreement dated November 19, 1981, recorded
in Volume 1768, Page 890, Deed Records of Lubbock County,
Texas, executed by Helen Benton Williams, in favor of
Carbon Dioxide Technology Corporation, covering a 20' wide
strip of land in Section 28 and the NE/4 of Section 57,
respectively, in the G.C. & S. F. R.R. Co. Survey, Block
S, Abstract 479, and Abstract 224, respectively, as
recorded in Volume 213, Page 511, Deed Records
of Lubbock County, Texas.
62. Right of Way Agreement dated November 13, 1981, recorded
in Volume 1768, Page 910, Deed Records of Lubbock County,
Texas, executed by Ruth Ann Hill, in favor of Carbon
Dioxide Technology Corporation, covering a 20' wide strip
of land in Section 28 and the NE/4 of Section 57,
respectively, in the G.C. & S.F. R.R. Co. Survey, Block S,
Abstract 479 and Abstract 224, respectively, as recorded
in Volume 213, Page 511, Deed Records of Lubbock County,
Texas.
- PAGE 12
PROPERTY LOCATED IN LUBBOCK COUNTY, TEXAS (Continued)
63. Right of Way Agreement dated November 11, 1981, recorded
in Volume 1768, Page 905, Deed Records of Lubbock County,
Texas, executed by Robert M. Benton, in favor of Carbon
Dioxide Technology Corporation, covering a 20' ,wide strip
of land in Section 28 and the NE/4 of Section 57,
respectively, in the G.C. S S.F.R.R. Co. Survey, Block S,
Abstract 479 and .Abstract 224, respectively, as recorded
in Volume 213, Page 511, Deed Records of Lubbock County,
Texas.
64. Right of Way Agreement dated November 16, 1981, recorded
in Volume 1768, Page 900, Deed Records of Lubbock County,
Texas, executed by J. L. Benton, III, Individually and as
Executor of the Estate of Margie Benton, Deceased, in
favor of Carbon Dioxide Technology Corporation, covering a
20' wide strip of land in Section 28 and the NE/4 of
Section 57, respectively, in the G.C.6S.F. R.R. Co.
Survey, Block S, Abstract 479 and Abstract No. 224
respectively, as recorded in Volume 213, Page 511, Deed
Records of Lubbock County, Texas.
65. Right of Way Agreement dated January 1, 1982, recorded in
Volume 1768, Page 895, Deed Records of Lubbock County,
Texas, executed by J. L. Benton, Jr., in favor of Carbon
Dioxide Technology Corporation, covering .a 20' wide strip
of land in Section 28 and the NE/4 of Section 57,
respectively, in the G. C. 6 S.F.R.R. Co. Survey, Block S,
Abstract 479 and Abstract 224, respectively, as recorded
in Volume 213, Page 511, Deed Records of Lubbock. County,,
Texas.
66. Right of Way Agreement dated December 28, 1981, recorded
in Volume 1768, Page 882, Deed Records of Lubbock County,
Texas, executed by Joe N. Nislar, Ora Nislar, Individually
and Co -Trustee, Marilyn Nislar, Doris Nislar, Mildred
Nislar, Jerry N. Nislar, 0. L. Nislar, Jr., James Robert
Nislar, and American State Bank of Lubbock, Texas,
Co -Trustee, in favor of Carbon Dioxide Technology
Corporation, covering a 20' wide strip of land over and
accross the NW/4 and E/2 of Section 5, Block S, Abstract
206, as recorded in Volume 253 and 202, Page 499 and 241,
respectively, Deed Records of Lubbock County, Texas.
- PAGE 13
PROPERTY LOCATED IN LUBBOCK COUNTY, TEXAS (Continued)
67. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on February 15, 1982, in Cause
No. 410, in the County Court at Law No. Two of Lubbock
County, Texas, covering a strip of land 20' in width along
and across a 160 acre tract of land, being in the NE/4 of
Section 65, GCSSF Railway Co. Survey, Block S, Abstract
No. 310, Lubbock County, Texas, and being further
described in Volume 1152, Page 170 of the Deed Records
of Lubbock County, Texas.
68. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on February 5, 1982, in Cause
No. 409, in the County Court At Law No.
2 of Lubbock County, Texas, covering a strip of land 20'
in width across the SE/4 of Section 16 in the GCSSF
Railway Co. Survey Block S, Abstract
No. 476, Lubbock County, Texas, and being further
described in Volume 319, Page 93, of the Deed Records
of Lubbock County, Texas.
69. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on April 21, 1982, in Cause
No. 1024, in the County Court at Law No. One of
Lubbock County, Texas, covering a strip of land 20' in
width extending ten feet southwesterly and parallel to and
along and ten feet northeasterly and parallel and along
the right-of-way line located in a 110 acre tract of land
in the S/2 of Section 58, GCSSF Railway Co. Survey, Block
S, Abstract 461, Lubbock County, Texas.
70. Right of Way Agreement dated March 30, 1982, recorded in
Volume 1779, Page 44, Deed Records of Lubbock County,
Texas, executed by Flora Schultz, in favor of Carbon
Dioxide Technology Corporation.
71. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on April 21, 1982, in Cause
No. 1032, in the County Court at Law No. One of
Lubbock County, Texas, covering a strip of land 20' in
width in the NW/4 of Section 58, GCSSF Railway Co. Survey,
Block S, Abstract No. 461, Lubbock County, Texas.
72. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on April 28, 1982, in Cause
No. 1033 and Cause No. CV 82-00373-1, in the County Court
at Law No. One of Lubbock County, Texas, covering a strip
of land 20' in width in the SW/4 of Section 16 in the
GCSSF Railway Co. Survey, Block S, Abstract No. 476,
Lubbock County, Texas, and being further described in
- PAGE 14
PROPERTY LOCATED IN LUBBOCK COUNTY, TEXAS (Continued)
Volume 644, Page 369, of the Deed- Records of Lubbock
County, Texas.
73. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on May 5, 1982, in Cause
No. 408, in the County Court at Law No. Two of
Lubbock County, Texas, covering a strip of land 20' in
width in the NW/4 of Section 16, in the GCSSF Railway Co.
Survey, Block S, Abstract No. 476, Lubbock County, Texas.
74. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on April 21, 1982, in Cause
No. 411, in the County Court at Law No. Two of
Lubbock County, Texas, covering a strip of land 20' in
width in the N/2 of Section 15, in the GCSSF Railway Co.
Survey, Block S, Abstract No. 199, Lubbock County, Texas,
and further described in that certain Pipeline
Right -of -Way dated May 5, 1986, executed by William M.
Higgins, Jr. and Martin Shepherd Higgins, individually and
as Co -Executors and Co -Trustees of the Estate of Beulah D.
Shepherd, and the First National Bank of Lubbock, as
Co -Executor and Co -Trustee of the Estate of Beulah D.
Shepherd, recorded in Volume 2182, Page 55, Official Real
Property Records of Lubbock County, Texas.
75. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on February 2, 1982, in Cause
No. 1026, in the County Court at Law No. One of
Lubbock County, Texas, covering a strip of land 20, in
width in the W/2 of Section 12, in the GCSSF Railway
Co. Survey, Block S, Abstract No. 454, Lubbock County,
Texas.
76. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on April 21, 1982, in Cause
No. 1022, in the County Court at Law No. One of Lubbock
County, Texas, covering a strip of land 20' in width in
the E/2 of the NW/4 of Section 24, in the HESWT Railway
Co. Survey, Block 24, Abstract 914, Lubbock County,
Texas.
77. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on April 21, 1982, in Cause
No. 1025 in the County Court at Law No. One of Lubbock
County, Texas, covering a strip of land 20' in width in
the S/2 of the SW/4 of Section 25, HESWT Railway Co.
Survey, Block 24, Abstract No. 392, Lubbock County,
Texas.
- PAGE 15
PROPERTY LOCATED IN LUBBOCK COUNTY, TEXAS (Continued)
78. That certain right-of-way granted �o Carbon Dioxide
Technology Corporation on April 21, 1982, in Cause
No. 415, in the County Court at Law No. Two of Lubbock
County, Texas, covering a strip of land 20' in width in
the SE/4 of Section 26, HEBWT Railway Co. Survey, Block
24, Abstract No. 914, Lubbock County, Texas.
79. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on April 21, 1982, in Cause
No. 416, in the County Court at Law No. Two of
Lubbock County, Texas, covering a strip of land 20' in
width in the North 200 acres of the E/2 of Section 26,
HEBWT Railway Co. Survey, Block 24, Abstract No. 914,
Lubbock County, Texas.
80. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on April 21, 1982, in Cause
No. 414, in the County Court at Law No. Two of
Lubbock County, Texas, covering a strip of land 20' in
width in Tract 11 of Section 37, in the HE6WT Railway
Company Survey, Block 24, Abstract No. 1212, Lubbock
County, Texas.
81. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on April 23, 1982, in Cause
No. 407, in the County Court at Law No. Two of
Lubbock County, Texas, covering a strip of land 20' in
width in the east 200 acres of the S/2 of Section 52,
GSBSF Railway Co. Survey, Block S, Abstract 465, Lubbock
County, Texas.
82. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on February 5, 1982, in Cause
No. CV82-00077-1, in the County Court At Law No. One
of Lubbock County, Texas, covering a strip of land 20' in
width in the SW/4 of Section 52, GCBSF Railway Co. Survey,
Block S, Abstract No. 465, Lubbock County, Texas, and
being further described in that certain Pipeline
Right -of -Way dated April 2, 1986, executed by Ada Mae
Kitten Robinson, William Robinson, Jr. and Roger Kitten,
and recorded in Volume 2140, Page 11, of the Official Real
Property Records of Lubbock County, Texas.
- PAGE 16
PROPERTY LOCATED IN LUBBOCK COUNTY, TEXAS (Continued)
-83. That certain-r-ight-of-way --granted---to- Carbon Dioxide
Technology Corporation on April 21, 1982, in Cause
No. 1031, in the County Court at Law No. One of
Lubbock County, Texas, covering a strip of land 20' in
width in the S/2 of Section 58, GCSSF Railway Co. Survey,
Block S, Abstract No. 461, Lubbock County, Texas.
84. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on April 21, 1982, in Cause
No. 1030, in the County Court at Law No. One of Lubbock
County, Texas, covering a strip of land 20' in width in
the W/2 of Section 28, GCSSF Railway Co. Survey Block S,
Abstract No. 479, Lubbock County, Texas.
85. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on April 21, 1982, in Cause
No. 1028, in the County Court at Law No. One of
Lubbock County, Texas, covering a strip of land 20' in
width in Section 23, HESWT Railway Co. Survey, Block
24, Abstract No. 259, Lubbock County, Texas.
86. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on April 21, 1982, in Cause
No. 412, in the County Court at Law No. Two of
Lubbock County, Texas, covering a strip of land 20' in
width in the S/2 of the SE/4 of Section 24, HESWT Railway
Co. Survey, Block 24, Abstract No. 914, Lubbock County,
Texas.
87. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on April 21, 1982, in Cause
No. 413, in the County Court at Law No.' Two of
Lubbock County, Texas, covering a strip of land 20, in
width in the N/2 of the SE/4 of Section 24, HEBWT Railway
Company Survey, BLock 24, Abstract No. 914, Lubbock
County, Texas.
88. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on May 4, 1982, in Cause
No. 1027, in the County Court at Law No. One of
Lubbock County, Texas, covering a strip of land 20' in
width in the W/2 of Section 12, Block S, Abstract 454,
GCBSF Railway Co. Survey, Lubbock County, Texas.
- PAGE 17
PROPERTY LOCATED IN LYNN AND LUBBOCK COUNTIES, TEXAS
89. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on March 12, 1982, in Cause
No. 9 in the District Court of Lynn County, Texas,
covering a strip of land 20' in width in the East 261
acres of Section 6, D & W Railway Co. Survey, Block 0,
Abstract No. 1454, Lubbock and Lynn Counties, Texas, and
further described in that certain Pipeline Right -of -Way
dated April 2, 1986, executed by Mary Ann Wilson Waldrep
and Dave Roberson and recorded in Volume 2168, Page 83,
Official Real Property Records of Lubbock County, Texas
and Volume 282, Page 545 of the Deed Records of Lynn
County, Texas.
90. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on April 21, 1982, in Cause
No. 1029, in the County Court at Law No. One of
Lubbock County, Texas, covering a strip of land 20' in
width in the W/2 of Section 6, D&W Railway Co. Survey,
Block 0, Abstract No. 913, Lubbock and Lynn Counties,
Texas.
91. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on February 23, 1982, in Cause
No. 406, in the County Court at Law No. Two of Lubbock
County, Texas, covering a strip of land 20, in width in
the E/2 of the E/w of Section 3 and in a 107.1 acre tract
in the NW/4 of Section 6, D & W Railway Co. Survey, Block
0, Abstracts Nos. 121 and 913, Lubbock and Lynn Counties,
Texas.
PROPERTY LOCATED IN LYNN AND GARZA COUNTIES, TEXAS
92. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on March 4, 1982, in Cause
No. 8, in the District Court of Lynn County, Texas,
covering a strip of land 20' in width in the SE/4 of
Section 1273 in the E. L. & R. R. Co. Survey, Abstract No.
1276 and Abstract 305, Lynn and Garza Counties, Texas.
STREET AND ROADWAY CROSSING AGREEMENTS
There is also included herein all permits and agreements
with public entities covering permits for the crossing of
public roadways heretofore obtained by the Seller.
EMISIT "C"
DISPUTED RIGHT -OE -WAY EASE1[ENTS
7ti■ Iseult aC" tlostifias all solatial dispatso waft psKesq eraars Omarstaf
the rile&-sf."g ewosests epos rhia► CM Pitallm is leested.
1. Alm L. boss, fora loaa lung, 91q ftabacdsoa end Edria Loris.
A stripp of land twenty Cost 43001 in width, extending ton
feat t1011 southwesterly and parallel to and along and
ten feet (1011 northeasterly and parallel to and along
the following described cight-of-way line located in a
599.7-acre tract of land being in the A.D. i N. larvey,
Abstract 644, Gaeta County, Texas, said tract of land
being further described in Volume 91, Page $17 and volume
86, Page 617 of the Dead Records of Gaeta County, Texast
said right-cf-way line being described u follows
Beginning at a point on the most Northerly lest propert
line of the above said 599.7-aces tract of land, sail
point being Morth along said most Northerly Mast property
line, 277{ teat from the interior Southwest corner of
said S99.7-acro tract of land#
T8ENCE South 41• 37' Bast, 194 feet to a point#
TIM= loath 47. 2d' bet, 3987 feet to a point#
THENCE loath 620 24' last, 403 feet to a point on the
East property lina of the above said 599.7-acre tract of
Land* same boLng the last line of Section 1234 and 123S,
said point being South along said last proparty line,
6039 feet from the forthasst corner of said 599.7-acre
tract of land.
filly fryan Boyd, fochaila Sorel Thorne ad Mable Bold.
A strip of land twenty feet 42011 in width, Wtondiag ten
Cast t10.) Southwesterly and parallel to and along and
ten foot 410.1 northeasterly and parallel to and along
the following described right-of-wa located to a
129.98-acre tract of land being a per ton of the vast
saif tw/21 of Section 12 in the G.C. a S.p.1Z.tR. Co.
Serve , )lock S, Abstract dSd, Lubback County, hoist
said qht-of-way being described as foilorse
BlOIMMING at a point on the Bloat proportr lint of the
above said 129.16-acre tract of land# said point being
North along said Hest pro arty line,r1831 toot frog the
as Southet cower of said 12l.91-aura tractor land,
THENCs South 47' 260 last, 3617 toot to a point on the
Booth property line of the above said 129.95-acro tract
of land, said point being last along said South property
lino, 2056 fast from the Southwest corner of said
129.9E-acre tract of land.
3. Cams " Ct14W*i Cartrits.
A Stripof land twenty feet 13011 to width, extending tan
test (Lot) southwesterly and parallel to and along and
toe foot (ie@) tortboasterly and Parallel to and along
the following described right-ofwa line located in the
resldus of a 30.25-acts tract of land being Tract No. 1t
of /action 37t in the N.s. $ W.t.R.R. Co. Sarveyt Stock
24t Abstract 1212t Lubbock Conutyt lexasl right-of-way
line Ming described as followas
Saginning at a point on the North property lice of the
above paid rase ua of a 30.25-acre tract of land, same
being the North line of section 37, said point being heat
along said North property ilae, 2327 feet from the
Nottboast Corner of said residue of a 30.25-acse tract of
lands
TBRBCR south 270 3$' Nast• 600 fast to a point oa the
gout%'Troperty line of the above said residue of a
30.23-aora tract of land, same being South line of said
$action 37, said point being West along said south
property lino, 1150 feet from the southeast corner of
said residue of a 30.25-sore tract of land#
A. tens Mae fsalq, at al.
A strip of land twenty feet (101) in width, extending ton
feet 1101) southwesterly and parallel to and along and
tan feet 4104) northeasterly and parallel to and along
the following described right-of-way located in certain
tract of land being the forth 300 acres of the east Ralf
(1/21 of section Zi in the n.t. a N.?.R.R. Co. Survey,
Block 24t Abstract $14t Lubbock County, taxes, said tract
of land being further described in Volmas 17t page 527 of
the Probate Records of Lubbock County, texas, said
tight -of -way line being described as follows@
BROZNNiNO at a point on the North property lino of the
above said certain tract of land• sane being the North
lino of section 24 said point being test along said
North p rrttyf %Last 1$50 foot fro$ the Northeast corner
of sale�cirtaia tract of lands
TRRNCS South 27' 3$' Sastt 3627 rest to a point on the
south property lino of the above said certain tragt of
land, said point being test along'South property line,
145 foot from the Southeast corner of the said certain
tract of land.
Cross" tsacta 1, 2, 3, u and "I-
1. Arms %Ala foasster, JIMMY foesstes and fadaral Lead Sant Association.
a at:SDD of land twenty fast 421.1 in width, extending ton
feet tl0•l southwsterly and parallel to and along and
ten fast t101l northeasterly and parallel to and along
'the following described rigbt•ofway located in a
130-acre tract of land being the Southeast Quarter 151/41
of Section 39 in the •._. & M.T.R.R. Co. survey, dock
24, abstract fit, Lubbock County. Texasg said tract of
land being farther described to Volume 1460, pages S2 and
91 of the Deed Records of Lubbock County, Texas# said
tight -of -way being described u follo+ne
DsOINNiNG at a point on the North property line of the
above said 120-acre tract of land, said point being West
along said North property line, 34S feet from the
Northeast corner of said 130-acre tract of lands
TRENCE South 270 31' Bast, 319 feet to a points
TNENCE South 274 371 East, 204 feet to a point on the
Last property lice of the above said 120-acre tract of
land# same being the East line of Section 26, said point
being North along said Bast property line, 1306 feet from
the Southeast corner of said 120-acre tract of lane, and
the southeast corner of section 36.
i. Alms Lucille Mullen., at al.
a stripp of land twenty feet 12001 in width, extending ten
foot (10') southwesterly and parallel to and along and
ten feet t1011 northeasterly and parallel to and along
the following described sight -of -ray located in certain
tract of land being the worth 300 acres of the Bast Ralf
(1/2) of Section 26 in the ■.t. i M.T.R.R. Co. Survey,
Block 24, abstract 914, Lubbock County, Texas, said tract
of land being further described in Volume 17, Page $37 of
the Probate Records of Lubbock County• Taxes, said
right-of-way line being described as follo+ns
sEOZNNZNO at a point on the North property line of the
above said certain tract of land, same being the worth
line of section 25, said point being West along said
North properly line, 1950 feet from the Northeast corner
of said certain tract of lands
TRUCR South 270 31' last, 2637 feet to a point on the
South property line of the above said certain tract of
Lando Said point being West along South property line,
245 fast from the Southeast corner of the said certain
tract of land.
Crosasa frsc" Age 9, 6, 7, 1, 9 and 10.
1. Clary D. irora. Leon Wore and ladaral Lead iSAk•
11
a atrlpp of land twenty last (201•) in width, extoodl too
lost MA soutbwastorly and parallel to and along and
ten toot Cis$) aortboastarly and parallel to and along
the following described right-ofway Ilse located in an
f0-40re tract of land boiat the last Bait of the
Worthwest Quarter 42/3 W+w) of Section, il, is the /.l. a
W.T.B.B. Co. survey, Took 24, abstract 914, Lubbock
County, Texast said right-of-way Ilse being described as
follovsI
/sgianin1 at a point on the West property line of the
above said 80-acre tract of land, •aid point being South
along said West property Ilse, goo goat from the
Northwest corner of said SO-acro tract of iandt
TNBt1CB South 04' 15' last, 1913 fset.to a point on the
Bast property line of the above said 80-acre tract of
land, said point being South along said last property
line, 1975 fast from the northeast corner of &aid 40-acne
tract of land.
s. XUArsd Pauline Caldwell, Loon floors and federal Land sank of tiouston.
A strip of land twenty feet 42001 In width, extending ton
feet (100) southwesterly and parallel to and along and
ton feet (101) northeasterly and parallel to and along
the following described ri ht-cfway Has located in an
So -&ors tract of land being the North Batt of the
Southeast Quarter (n/2 59/4) of section id, in the B.g. i
W.T.B.k. Co. survey, Block 34, abstract 114, Lubbock
County, Texast said tract of land being further described
In Volume 17, Page $30 of the Probate Ucords of Lubbock
County, Texast said right-of-way being described as
follows s .
Beginning at a point on the Worth property line of the
above said 90-acre tract of land, said point being West
along said Worth property line, 1995 foot from the
Northeast corner of said SO -acre tract of land;
THR9Cl South Ii• 191 Bost, 1652 foot to a point on the
South Property iiao of the above •aid SO -acre tract of
land, said point being West along said Booth property
line, 915 feet from the southeast corner of said 80-acro
tract of land.
!. Lana sells fosrster, Jbw toerstsr sad Lon Neese.
► stilt of land twenty last (301) in widtb, extending tan
feet (&loll southwesterly and parallel to and along and
ton feet 11041 northeasterly and parallel to and along
the following described right-of-wa &ocated is an
40-aers tract of land b.inqq the South It (3/3) of the
SGUtheaet 00arter 181/4) o! Sectloo 34 is the t.l. a
M-T-R-R- Co- Survey, S&ook 36, Abstract 914, Lubbock
County, texas) said right-of-way being described as
follows I
SZOUNHO at a point on the North property lino of the
above said 10-acre tract of land, said point being West
along said North property lies, S!s feet froa the
Northeast corner of said SO -acre tract of &anal
TEEM South 440 15' east, 33 feet to a point,
tsSNCS South 46. Oa' Salt. !36 feet to a point on the
East property line of the above said SO -acre tract of
land, same being the East line of Section 34, said point
being North along said last property line, 658 feet from
the Southeast corner of said 10-acre tract of land, and
the Southsaat Corner of Section 24.
I. EMERGENCY NOTIFICATION LIST
l OWNER'S OPERATING PERSONNEL
NAME LOC�N PHONE
Harold Paulk Lubbock 806-567-7075 (Mobile)
806-799-0569 (Office)
806-832-4723 (Residence)
Joe Giles Lubbock 806-762-6812 (Mobile)
806-799-0569 (Office)
606-796-2510 (Residence)
9THER'S TO NOTIFY
AGENCY
eriff p(Hockle o.)>evellan -894-tnd 068154
Ambula l 8-4-
D.P 6� (Lubbo
S :i-.!ff
(Lubb -to.) f 8 6-
Fire rth 8 6-
D.P (Lub
Sheriff (Lubbock Co.) Lubbock 806-765-9363
Fire Dept. Lubbock 806-765-5757
Ambulance Lubbock 806-743-9911
D.P.S. Communications Lubbock *806-747-4491
Sheriff (Garza Co.) Post 806-495-3201
Police Post 806-495-2122
Fire Dept. Post 806-495-2322
Ambulance Post 806-495-3900
D.P.S. (Lubbock)*
Sheriff (Lubbock Co.) Slaton 806-828-6211
Fire -Dept. Slaton 806-828-3212
Ambulance Slaton 806-828-6211
D.P.S. (Lubbock)*
GAS SUPPLIER
Mid Plains Gas Co. Lubbock 806-763-0822
_CUSTOMERS
Lubbock Power & Light Co. Lubbock 806-763-9381
Holly Plant Lubbock 806-762-6411 Ext. 2-538
or 2539
8 0 6 7 4�
(t�
AG'TMR 4WPIs Nuw%13ER, . • . • q(,s- G$3-So-01
ADOBE GAS CO. EMERGENCY PLAN
POWER -TER SYSTEM
This emergency plan has been prepared to provide data
essential in an emergency situation. The pipeline safety
code requirements for emergency plans are contained in 49 CFR
192.615.
No emergency plan can cover all situations. There is no
substitution for the sound judgement of the situation by the
person or persons involved. In any emergency, THE SAFETY OF
THE PUBLIC WILL ALWAYS BE GIVEN FIRST PRIORITY.
Everyone Who Will have the responsibility of handling an
emergency situation Will be familiar With the contents of our
plan.
WHAT IS AN EMERGENCY CONDITION?
An emergency condition exists When ADOBE GAS CO. (OR OUR
REPRESENTATIVE) DETERMINES THAT EXTRAORDINARY PROCEDURES
EQUIPMENT, MANPOWER, AND/OR SUPPLIES MUST BE USED TO PROTECT
THE PUBLIC FROM EXISTING OR POTENTIAL HAZARDS.
These hazards may include, but are not limited to facility
failures in:
(a) Underpressure/Overpressure in the system.
(b) Large amounts of escaping gas.
(c) Fire/explosion near or directly involving a
pipeline facility.
(d) Any leak considered hazardous.
(e)" Danger to major segment(s) of the system.
(f) Natural disaster (flood, tornado, hurricane,
earthquake, etc..
(g) Civil disturbances (riots, etc.).
(h) Load reduction conditions (result in
voluntary/mandatory reduction of gas
usage).
CONTENTS OF THIS EMERGENCY PLAN
I. Emergency Notification List
II. Map of Rey Valve Location
III. Emergency Equipment
IV. Responding to Gas Leak Reports and
Interruption of Gas Service
V. Emergency Check List
VI. Reporting Requirements (Telephone Report)_
VII. Accident Investigation
Upon completion of our plan, appropriate charts will be
posted in a conspicuous place.
I
RESPONDING TO GAS LEAK REPORTS
It is the responsibility of Adobe Gas Co.'to make sure the
proper employees are familiar with procedures concerning gas
leak calls and reports.
1. The employee receiving a report of a gas leak
should get as much of the information as possible
to fill out the leak report form properly. Use
common sense: Saving Human Life and Property is
First Consideration.
2. All reports of leaks on Adobe Gas Co. premises get
priority.
3. After getting the information, and determining that
a hazardous leak exists on a transmission line,
remind the employees of all the following
information. (REMEMBER: It is your responsibility
to have taught employees in advance.)
(a) No one is to turn ON or OFF any electrical
switches.
(b) Extinquish all open flames. DO NOT LIGHT
HATCHES, CIGARETTES, etc.
f (c) Turn off gas supply, if feasible.
(d) Everyone in the vicinity is to leave the
premises and go a safe distance (about a
block) away. GO ON FOOT - no engines or
sparks.
4. Dispatch necessary personnel to the location of the
reported leak.
S. DUTIES OF FIRST COMPANY EMPLOYEE ON THE SCENE:
TARE EVERY CORRECTIVE ACTION NECESSARY TO PROTECT
LIFE AND PROPERTY FROM DANGER (IN THAT ORDER.) IT
IS THE RESPONSIBILITY OF THE PERSON IN CHARGE TO:
(a) Set up communication.
(b) Coordinate the operation.
(c) Make all decisions concerning emergency
valves -isolating areas- and the use of
emergency equipment.
(d) Implement the check list for a major
emergency (covered in this plan.)
C
I. EMERGENCY NOTIFICATION LIST
C�
Owner's Operating Personnel
NAME LOCATION PHONE
Harold Paulk .Lubbock 806-765-3239
806-794-2571
Other's to Notify
AGENCY
LOCATION
PHONE
Sheriff (Hockley Co.)
Levelland
806-894-3126
Fire Dept.
Levelland
806-894-3154
Ambulance
Levelland
806-894-8855
Sheriff (Lubbock Co.)
Wolfforth
806-866-4605
Fire Dept.
Wolfforth
806-866-4555
Sheriff (Lubbock Co.)
Lubbock
806-765-9363
Fire Dept.
Lubbock
806-765-5757
Ambulance
Lubbock
806-792-2166
Gas Supplier:
E1 Paso Natural Gas Co.
E1 Paso
915-541-5204
Northern Natural Gas Co.
Omaha, Nebraska
800-228-7570
Colony Energy Corp.
Midland
915-682-6249
Customers:
Lubbock Power & Light Co.Lubbock
806-763-9381
Other:
Railroad Commission
Austin
512-447-2171
DOT (Dept. of .-.
Transportation)
Washington, D. C.
202-426-0700
Owner's Management Personnel
David B. Freeman
Midland
915-687-4183
Joe Giles
Odessa Home
915-337-3295
Mobil
915-683-4011
Adobe Gas Co.
Midland
915-683-4701
MINIMUM
ADOBE GAS CO. RESPONSE
ACTIONS FOR
LEAKS
(a)
Assess danger to public,
occupants
and
property.
(b)
Extinguish all open
flames. No
Smoking.
(c)
If necessary, notify
fire, and
law
enforcement.
(d)
Block road.
(e)
Implement Check List
for major
emergency
(f)
Repair leak.
(g)
If you are positively
sure it is
safe,
return occupants to
buildings.
REPORTING REQUIREMENTS -(TELEPHONE REPORT)
A telephone call will be made to the federal (DOT) and state
(RRC) governments for any leak that:
1. Caused a death or an injury requiring a person to
be hospitalized.
2. Required the taking of any segment of transmission
pipeline out of service (unless part of planned or
routine operation.)
3. Resulted in gas ignition (unless part of planned or
routine operation.)
4. Caused total damage in excess of $5,000 (total of
operators damage and damage to others.) Call the
Department of Transportation. Damages in excess of
$1,000 call Railroad Commission of Texas.
5. In the judgment of Adobe Gas Co., was significant
even though it did not meet the above.
The telephone report to DOT and/or your state will contain:
(a) Name of operator/company.
(b) The location and time and date of incident.
(c) Fatalities and personal injuries.
(d) All other significant known facts that are
relevant to the cause of the leak or extent of
the damages. (Describe accident.)
(e) Name of person and telephone number to be
contacted for additional information.
The telephone report, if required, will be made'at the
earliest practicable moment following discovery (within 2
hours.
CALL 202-426-0700 The Department of Transportation
National Response Center (NRC) will
receive your phone call.
CALL 512-447-2171 The Railroad Commission of Texas.
J'
CHECK LIST (MAJOR EMERGENCY
f
l
1.
Has fire department been called?
2.
Have persons been evacuated and area
�—
blockaded?
3.
Has police department been notified?
4.
Has repair crew been notified?
5.
Has company call list been executed?
6.
Has communication been established?
7.
Has outside help been requested?
B.
Have ambulances been called?
9.
Has leak been shut off or brought under
control?
10.
Has civil defense been notified?
11.
Have emergency valves or proper valves to shut
.down or reroute gas been identified and
located?
r_
12.
Is the situation under control and has the
possibility of recurrence been eliminated?
13.
Has telephone report to the state been made?
14.
Has telephone report to MTB/DOT been made?
15.
Has radio station been given instructions (if
necessary)?
Date
EMERGENCY EQUIPMENT
Adobe Gas Co., the operator, or its designate, is responsible
for the adequacy, availability and condition of emergency
equipment.
A copy of this plan with maps and tools necessary to -shut off
all gas to the system will be kept in operator's vehicle at
all times.
Additional manpower and equipment and supplies may be
obtained from:
1. Smith melding 6 Construction
Sundown, Texas 79372
806-229-6865
2. Henry's Backhoe
Levelland, Texas 79336
806-894-8186
806-894-8159
3. Mid West
Odessa, Texas
P -.. _ '. -. .. � . ! .. .r. • ,. . .. - . - ... a rf� .... r
ADOBE PIPELINE
INVESTIGATION OF FAILURES
r
•.ie following information should be gathered in addition to that listed
in the previous sections of the emergency manual.
1. Ifake a diagram of the accident site to scale showing the location
of all damages and casualties, the area of gas migration, and the
location of all gas piping and other utilities.
2. List of all victims and their latest status.
3. Chronological sequence of events and company's actions relating
to the accident.
4. List of company personnel involved and responding.
S. Names of witnesses and statements.
6. Statement of damages (company equipment, amount of commodity
lost, repair operations costs).
7. Statement of operating characteristics of system prior to and
at the time of the accident (pressures, flow rates).
8. Number of customer services interrupted.
9. Failure analysis of piping or equipment involved including any
metallurgical analysis. (Preserve failed components. Do not allow
cutting or welding to destroy a removed section of pipe or
component of pipeline.
c
ACCIDENT SCENE SKETCH (REFLECT DISTANCES, PERMANENT STRUCTURES,
OTHER LANDMARKS TO ASSIST IN READILY IDENTIFYING SPECIFIC
LOCATION):
"Tnr^'"T^N-SHOW NORTH
-pie - Sc44 e Svcr�� A-ccvra4e
A
mv nder
exander
Alexander & Alexander of Texas, Inc.
P. 0. Drawer 10367
Midland, Texas 79702-7367
Telephone 91"62.8605
To: City of Lubbock
P. 0. Box 2000
Lubbock, Texas 79457
CERTIFICATE
OF INSU RANCE
Insured: ADOBE RESOURCES CORPORATION, ET AL
ADOBE GAS PIPELINE COMPANY
300 West Texas Ave., Suite 1100
Midland, Texas 79701
This is to certify that policies of insurance as described below have been issued to the insured named above and are in force at this time.
The insurance afforded is subject to all of the terms of the policy applicable thereto,
TYPE OF INSURANCE
LIMIT OF LIABILITY
COMPANY/POLICY NO.
P�q►Qp
COMPREHENSIVE GENERAL LIASI
ITY
Underwriters at Lloya
s, London
Premises/Operations, Con-
Combined Single Limit:
Cert.# Pending
2/3/88-89
tractuai, Personal Injury
Bodily Injury & Property
Liability
Damage of $1,000,000 ea,
ccurrence/Aggregate
OMPREHENSIVE AUTOMOBILITY
IABILITY
Highlands Insurance Company
Owned Autos
ombined Single Limits
*OTA 73 52 01
2/3/88-69
Hired Cars
aodily Injury & Property
*OBA 52 34 59
2/3/88-89
Non -Ownership
amage - $1,000,000 each *
*0BA 70 13 49
2/3/88-89
Occurrence
*Texas Only, **Okla
oma only,
***All States other
than TX & OK
WORKERS' COMPENSATION
Statutory
Highlands Insurance Company
&
#OWC 68 47 25
2/3/88-89
EMPLOYERS LIABILITY
$500,000.00
This Certificate of insurance neither affirmatively or negatively amends, extends or alters the coverage afforded by the above listed
policies.
In the event of cancellation or material change in the policies, 0
3days notice will be given to the party designated above.
Alexander & Alexander of Texas. Inc.
lauthorized representativ )
Date 2/4/88ed 6y:
Larry Paulisen, Vice President
TOTAL P.02
SUBSIDIARIES
' GGSI GAS CO.
GGSI GATHERING & PROCESSING CO.
tr
GGSI MARKETING CO.
® or
AME
GAS S'i 300 West Texas, Suite 1100
Midland, Texas 79701
9151683-4701
GATHERING SYSTEMS, INC.��.-
January 26, 1988
Crown Gas Co.
500.West Texas, Suite 976
Midland, Texas 79701
Attention: Mr. David B. Freeman
Gentlemen:
The City of Lubbock has indicated an interest in purchasing the
eight -inch (8") Post Lateral pipeline owned by Power -Tex Joint
Venture which extends approximately thirty-two (32) miles from a
point adjacent to the City's Holly Avenue Generating Station to
Post, Texas. GGSI Gas Co. desires to sell this segment of our
pipeline system to the City of Lubbock under terms and conditions
substantially similar to those set forth in its January 19, 1988
letter to Lubbock Power & Light, which letter is attached hereto
as Exhibit I.
By executing both copies of this letter in the space provided
below and returning one copy to GGSI, Crown Gas Co., Power Line,
Inc. and Joe J. Reynolds, do hereby agree to sell the Post
Lateral to the City of Lubbock under terms and conditions
substantially similar to those set forth in Exhibit I attached
hereto, and does hereby make, constitute and appoint GGSI Gas Co..
Agent and Attorney -in -Fact for Crown Gas Co., Power Line, Inc.
and Joe J. Reynolds for the specific purpose of doing any and all
things necessary, advisable or convenient in connection with the
sale of assets set forth herein.
Yours very truly,
GGSI GAS CO.
J. K. Freeman
President
Crown Gas Co.
January 26, 1988
Page Two
ACCEPTED, AGREED
TO AND GRANTED this =2�f� day of January, 1988.
CROWN GAS CO.
By:
D. H. Freeman
President
POWER LINE, INC.
By:
Crown Gas Co.
Agent and Attorney -in -Fact
D. H. Freeman, President
JOE J. REYNOLDS, an individual
Crown Gas Co.
Agent and Attorney -in -Fact
D. H. Freeman, President
Certification
The Chairman stated that the next order of business to come
before the meeting was the sale of the Power -Tex Joint Venture 32
mile, eight inch pipeline to Lubbock, Power & Light. The sale price
is $985,000 for 100% interest or $80,179 net to Crown Gas Co. On
motion duly made, seconded and unanimously adopted, it was:
RESOLVED, that the sale of the 32 mile, eight
inch pipeline was approved.
I HEREBY CERTIFY that the foregoing is a true and correct copy of
all arts of the Minutes of the Board of Directors Meeting of
7�e4mi.1 ZZ , 19 -V covering the disposition of the property
described above.
IN WITNESS WHEREOF, I have hereunto affixed my name as Secretary
and have caused the corporate seal of said Corporation to be hereto
affixed this /0" 4 day of 19 8-
Certification
The Chairman stated that the next order of business to come
before the meeting was the sale of the Power -Tex Joint Venture 32
mile, eight inch pipeline to Lubbock, Power & Light. The sale price
is $985,000 for 100% interest or $246,250 net to Power Line, Inc. On
motion duly made, seconded and unanimously adopted, it was:
RESOLVED, that the sale of the 32 mile, eight
inch pipeline was approved.
I HEREBY CERTIFY that the foregoing is a true and correct copy of
all parts of the Minutes of the Board of Directors Meeting of
,CA I,U.0rg -Z , 19 AP covering the disposition of the property
described above.
IN WITNESS WHEREOF, I have hereunto affixed my name as Secretary
and have caused they corporate sal of said Corporation to be hereto
affixed this /p'` day of 9ry.6r7 19 P? .
oe M. Barclay, Secretar
Resolution #2748
February 11, 1988
PIPELINE OPERATING AND MAINTENANCE AGREEMENT
BETWEEN
The City of Lubbock, Texas
"Owner"
and
Power -Tex Joint Venture
"Operator"
Dated March 1, 1988
TABLE OF CONTENTS
Article
I
Definitions
Page
1
Article
II
General Responsibilities
Page
2
of Operator
Article
III
Performance of
Page
3
Operator's Obligations
Article
IV
General Terms and Conditions
Page
4
Article
V'
Billing and Payments
Page
4
Article
VI
Terms of Agreement
Page
5
Article
VII
Notices
Page
5
Article
VIII
Indemnification
Page
6
Article
XIX
Miscellaneous
Page
6
R ..
PIPELINE OPERATING AND MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into effective the ist
day of March, 1988, by and between POWER-TEX JOINT VENTURE,
hereinafter referred to as "Operator",•and THE CITY OF LUBBOCK,
hereinafter referred to as "Owner".
WITNESSETH:
WHEREAS, Owner owns an eight inch (8") natural gas
pipeline extending approximately thirty-two (32) miles from a point
adjacent to Owner's Holly Avenue Generating Plant in Lubbock,
Lubbock County, Texas to Post, Garza County, Texas, which is used
to transport certain volumes of gas to be used as fuel for the
generation of electric energy; and
WHEREAS, Owner wishes to have Operator to operate and
maintain its pipeline and related appurtenances (hereinafter
referred to collectively as "Facilities"); and
WHEREAS, Owner and Operator desire to set forth their
respective rights and responsibilities with respect to the operation
of such Facilities;
NOW, THEREFORE, in consideration of the premises and
mutual covenants and agreements herein contained, the Parties hereto
agree as follows:
ARTICLE I
Definitions:
Unless the context otherwise requires, the terms defined
in this Article I shall, for purposes of this Agreement, have the
respective meanings set forth below:
1.1 The term "day" shall mean a period of twenty-four (24)
consecutive hours, beginning and ending at 8:00 a.m. Central Time.
1.2 The term "month" shall mean the period beginning at 8:00
a.m. Central Time on the first day of the next succeeding calendar
month.
1.3 The term "year" shall mean a period of three hundred
sixty-five (365) days beginning with the date of first delivery of
gas under this Agreement, or on any anniversary thereof; provided,
however, that any such year which contains a date of February 29
shall consist of three hundred sixty-six (366) days consecutive
days.
1.4 The term "gas" shall include natural gas produced from
gas wells and oil well gas produced in association with crude oil.
1
1.5 The term "cubic foot of gas" for purposes of measurement
hereunder shall mean the volume of gas which would occupy one (1)
cubic foot of space at a base temperature of sixty (60) degrees
Farenheit and at a standard pressure of fourteen and sixty-five
hundreths (14.65) pounds per square inch absolute.
1.6 The term "Mcf" is the abbreviation employed to denote one
thousand (1,000) cubic feet of gas.
1.7 "Btu" shall mean British thermal units measured at 14.65
psia, sixty degrees Farenheit (60 deg. F), and water vapor measured
as delivered.
1.8 The term "MMBtu" shall mean one million (1,000.000) Btu.
1.9 The term "Party" shall mean owner or Operator, and
"Parties" shall mean both Owner and Operator.
1.10 The term "Person" shall mean an individual, a corporation,
voluntary association, joint stock company, business trust, partner-
ship or other entity.
ARTICLE II
General Responsibilities of Operator
2.1 Standard Performance. Operator shall perform its services
hereunder in accordance with instructions contained in this
Agreement and in accordance with sound and prudent practices of the
gas pipeline industry.
2.2 Routine Services. Operator shall, on behalf of Owner,
furnish all material, equipment, services, supplies, labor and
supervision necessary for the routine operation, inspection, sur-
veillance, and monitoring of the Facilities, including but not
necessarily limited to:
a. Changing, integrating and storage of meter charts.
b. Checking for proper inking on all orifice meter chart
recorders.`
c. Periodic testing and calibration of meters (not more often
than once each ninety (90) days.)
d. Adjusting rates of flow when done in conjunction with
routine changing of charts.
e. Routine inspection and surveillance of the Facilities for
vandalism, theft and washout along rights -of -way.
f. Routine inspection and greasing of valves.
g. Routine testing for moisture and H2S.
2.3 Special Services - If Required. In addition to Routine
2
Services, Operator shall perform, or arrange for the performance
of, cathodic protection surveys, and such other special operating,
maintenance and repair services as necessary, or requested by Owner,
which are not included in Routine Services. Special Services shall
specifically include any and all labor and materials required or
advisable by virtue of Owner's acceptance of rich gas into the
Facilities. For the purposes hereof, "rich gas" shall be defined
as gas containing in excess of 1150 Btu per cubic foot.
Operator shall notify Owner by telephone of any needed
maintenance or repairs to the Facilities. Operator may use its
discretion to arrange for such needed maintenance or repairs
provided the estimated cost is not in excess of $1,000.00. Written
approval and authority must be given by Owner prior to commencement
of any maintenance or repair estimated to cost_ in excess of
$1,000.00.
2.4 Emergency Services. In case of explosion, fire, storm
or other emergency, Operator shall take such steps and incur such
expenses as in its opinion are required to deal with such emergency
and to safeguard life and property, but shall, as promptly as
possible, report such emergency to Owner, and thereafter shall
follow the direction of Owner with respect to the Facilities. Owner
shall protect, indemnify and save Operator harmless against any and
all claims, demands and causes of action of every kind and character
arising in favor of any person, corporation or governmental entity,
because of personal injuries or death, or damage to property occur-
ring, growing out of, incident to, or resulting directly or indi-
rectly from, the occurrence of events comtemplated in this Paragraph
2.4, including, but not limited to, the excercise of bad judgment
by Operator, but excepting negligence or willful misconduct of oper-
ator or its employees acting within the scope of their employment.
2.5 Personnel. Operator shall employ and have supervision
over the Persons including consultants and organizations providing
professional services) required by Operator to perform its duties
and responsibilities hereunder.
ARTICLE III
Performance of Operator's Obligations.
3.1 owner shall have the right to observe, and to consult with
Operator in connection with Operator's performance of its obliga-
tions under this Agreement, but Owner shall not have the right to
supervise, direct or control Operator's performance of such obliga-
tions. In the performance of such obligations, Operator shall be
an independent contractor and not an employee or agent of Owner and
shall comply with all the applicable laws, rules, orders and regula-
tions of governmental authorities having jurisdiction.
3
ARTICLE IV
General Terms and Conditions
4.1 This Agreement covers all work or services that the Owner
may request of the Operator.by written or oral order and which the
Operator is willing to perform during the term thereof.
4.2 Operator shall furnish all supervision, labor, material,
and equipment as necessary to perform the described services, except
as may be furnished by the Owner, and shall perform the services
promptly after such work is ordered.
4.3 Operator is an independent contractor as to all work
performed hereunder. The detailed manner and method in performing
the work is under the control of the Operator, Owner having interest
only in the results obtained. All persons engaged in the perform-
ance of said work shall be solely the servants or employees of oper-
ator, but Owner's authorized agents shall have the right to.give
directions to Operator's designated supervisor and to make such
inspection of the work as necessary to ensure compliance by the
Operator with the obligations assumed hereunder. Operator shall
perform the services with due diligence and in a good and workman-
like manner in accordance with the specifications set out herein,
to the satisfaction and approval of the Owner's field represen-
tative.
4.4 Operator may assign part of this Contract or sublet the
same or any part thereof to a qualified contractor to perform
specific requested duties that fall outside the Operator's capacity.
The assignment of this Contract or the subletting of any work to
be performed hereunder, if so permitted by Owner, shall not relieve
Operator of his or its obligations hereunder.
4.5 All work shall be performed in compliance with all
applicable laws, ordinances, or regulations of any governmental
authority having jurisdiction of the same.
ARTICLE V
Billina and Pavment
5.1 Owner hereby agrees to pay Operator, as full compensation
for Routine Services performed under this Agreement each month, an
amount equal to $0.02 per MMBtu for all volumes of natural gas
transported by Owner throught the Facilities.
5.2 Owner hereby agrees to pay Operator, as full compensation
for Special Services and Emergency Services performed under this
Agreement each month (including the performance of work and the
furnishing of supervision,.labor, material, tools, equipment and
4
supplies required), on the basis of the following prices and con-
ditions:
a. The supervision, labor, tools and equipment shall be
paid for by Owner in accordance with the following
rates:
Director of Operations - $35.00/hour + $0.50/mile
Pipeline Foreman w/Pickup & Tools - $35.00/hour +
$0.50/mile
Meter Technician w/Pickup & Tools - $35.00/hour +
$0.50/mile
b. For all miscellaneous operation and maintenance ma-
terials and labor supplied by Operator, Owner shall
pay the actual cost of such materials and labor, in-
cluding freight and haulage charges, as shown by ori-
ginal receipted bills, plus an amount equal to ten
percent (10%) thereof to cover overhead and adminis-
tration.
5.3 TERMS OF PAYMENT - On or before the tenth (loth) day of
each month, the authorized Operator representative shall submit an
invoice in writing to Owner's authorized representative covering
the previous month's work for review and approval. The invoice
amounts shall be in accordance with the agreed amounts. Owner shall
pay Operator amounts due by Owner check on or before the twentieth
(20th) day of each month.
ARTICLE VI
6.1 Term of Agreement. This Agreement shall become effective
on the date first hereinabove written and shall continue in force
and effect for a period of five (5) years, and shall remain in
effect thereafter from month to month until terminated by either
Party by giving thirty (30) days prior written notice to the other
Party.
ARTICLE VII
7.1 Notices. Any notice, request, demand, statement, bill
or payment provided for in this Agreement, or any notice which any
Party may desire to give to the other, shall be in writing and shall
be considered as duly delivered when mailed by registered mail to
the post office address of the Parties hereto, as the case may be
as follows:
a. If to Owner:
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Attn: Carroll McDonald
5
b. If to Operator:
Power -Tex Joint Venture
300 W. Texas, Suite 1100
Midland,•Texas 79701
Attn: J. K. Freeman
7.2 For purposes of this Agreement, the date on which any
notice, request, statement, payment or other communication shall
be deemed to have been given shall be the date on which it is
received by the recipient, provided any such notice, request, state-
ment, payment or other communications transmitted by registered or
certified mail, return receipt requested, postage prepaid, shall
be deemed to have been given on the third day following the date
on which same was deposited in the United States mail, addressed
in accordance with this Article VII. Either party hereto may desig-
nate a further or different address to which subsequent notices,
requests, statements, payments or other communication shall be sent.
ARTICLE VIII
8.1 Operator shall protect, indemnify and save Owner harmless
against any and all claims, demands and causes of action -of every
kind and character arising in favor of any person, corporation or
governmental entity, because of personal injuries or death, or
damage to property occurring, growing out of, incident to, or re-
sulting directly from, the work to be performed by Operator here-
under, except negligence or willful misconduct of Owner or its em-
ployees acting within the scope of their employment, (except normal
damages to growing crops and timber on Owner's right-of-way incident
to the laying or removal of pipe, liability for which is assumed
by Owner). Operator shall obtain and maintain,during the term of
this Agreement a policy of liability insurance with limits, of at
least $500,000.00 for each person, $300,000.00 property damage and
$100,000.00 for each incident which policy shall cover Operator's
liability under this paragraph. Operator shall provide to Owner
a certificate of insurance reflecting such coverage.
ARTICLE XIX
Miscellaneous
9.1 Modification. This Agreement may not be modified, varied
or amended, except by the execution of supplementary written agree-
ment signed by both Owner and Operator.
2
9.2 Taxes. Neither party shall be responsible or liable for
any taxes or other statutory charges levied or assessed against any
of the facilities of the other Party used for the purpose of
carrying out the provisions of this Agreement.
9.3 Assignment. Neither party hereto shall assign this Agree-
ment or any of its rights or obligations hereunder without the con-
sent in writing of the other Party.. Notwithstanding the foregoing,
either Party may assign its right, title and interest in, to and
by virtue of this Agreement, including any and all extensions,
renewals, amendments, and supplements thereto, to a trustee or
trustees, individual or corporate, as security for bonds or other
obligations or securities, without such trustee or trustees assuming
or becoming in any respect obligated to perform any of the obliga-
tions of the assignor and, if any such trustee be a corporation,
without its being required by the Parties hereto to qualify to do
business in the state in which the performance of this Agreement
may occur, nothing contained herein shall require consent to trans-
fer this contract by virtue of merger or consolidation of a Party
hereto or a sale of all or substantially all of the assets of a
Party hereto, or any other corporate reorganization of a Party here-
to.
9.4 Laws and Regulations. This Agreement, insofar as it is
affected thereby, is subject to all valid laws, rules, regulations
and orders of all governmental authorities having jurisdiction.
This Agreement shall be governed by the laws of the State of Texas.
9..5 Waiver. No waiver by either Party of any one or more
defaults by the other in the performance of any provisions hereunder
shall operate or be construed as a waiver of any future defaults
whether of a like or a different character.
9.6 If at any time prior to -or during the period of deliveries
of natural gas hereunder, any governmental authority having juris
diction or control over the Parties, their Facilities, or gas
supplies, this Agreement or any provision thereof shall take•any
action as to Operator or Owner whereby the delivery, receipt and
use of gas as contemplated hereunder shall be proscribed or sub-
jected to conditions or restraints that in the sole judgment of the
Party affected are unduly burdensome to that Party, such Party may
terminate this Agreement without further liability hereunder other
than the liability to discharge obligations incurred prior to the
termination hereof.
9.7 This Agreement shall be binding upon and inure to the
benefit of the successors, assigns and legal representatives of the
Parties hereto.
9.8 OWNER'S REPRESENTATIVE - Operator shall be entitled for
all purposes relative to this Agreement, to rely solely and exclu-
sively on the statements and representations of the Person identi-
fied in writing as being the Owner's Representative. Owner may at
any time appoint a new representative on thirty days prior written
notice to such effect to Operator.
7
9.9 Emergency Plan. Operator shall assist Owner in estab-
lishing an emergency plan for the Facilities, as required by the
Minimum Federal Safety Standards Part 192, of the Department of
Transportation. After completion of the Emergency Plan, Operator
agrees to act in conformance to the provisions contained therein.
IN WITNESS THEREOF, the Parties hereto have caused this
Agreement to be signed by their respective representatives,
thereunto duly authorized, on this 11th day of February
, 1988, but effective as of the day and year first herein -
above written.
"OWNER"
CITY OF LUBBOCK
By:
,Mayor
ATTES
'By.
,Ci y 66cretary
APPRQVED AS,,tO FORM:
B .
,City Attorney
"OPERATOR"
POWER-TEX JOINT VENTURE
By:
J. a man, Agent and
Atorney in Fact
8
k
c7wsGAS
GATHERING SNtttMS, I
Mr. Carroll McDonald
Lubbock Power & Light
P. 0. Box 2000
Lubbock, Texas 79457
Dear Carroll:
SUBSIDIARIES
GGSI GAS CO.
GGSI GATHERING & PROCESSING CO.
GGSI MARKETING CO.
300 West Texas, Suite 1100
Midland, Texas 79701
NC.- 915/683-4701
February 8, 1988
The following information is attached per your request:
1. GGSI Board of Directors resolution to sell
the 32 mile Power -Tex lateral extending from
your Holly Station to near Post, Texas.
2. A copy of the existing Power -Tex Emergency
Plan for your use in the preparation of a
similar plan for the pipeline you are about
to acquire.
w�
3. Railroad Commission Form P-5 that the City of
Lubbock must complete and submit. l/'ter oo�s,.►s
4. A copy of our Certificate of Insurance.
Please give me a call with any questions on the attached.
Regarding numbers 2 and 3 above, Floyd Simpson of our Midland
office can be contacted for more detailed instructions or
assistance.
ouAFre
truly,
J .an
President
JKF/ic
Attachments
CC: D. B. Freeman
Floyd Simpson
UNANIMOUS CONSENT OF THE DIRECTORS OF
GAS GATHERING SYSTEMS, INC.,
A DELAWARE CORPORATION,
PURSUANT TO SECTION 141(f) OF THE
DELAWARE CORPORATION LAW ANNOTATED
The undersigned, being all of the Directors of GAS GATHERING
SYSTEMS, INC,, and being entitled to vote upon the resolution
hereinafter set forth, do hereby consent that the resolution set
forth below is deemed to be adopted to the same extent and have
the same force and effect as if adopted by unanimous vote at a
formal meeting of the Board of Directors duly called and held for
the purpose of acting upon a proposal to adopt such resolution:
"RESOLVED, That Gas Gathering Systems, Inc. sell
certain real and personal property comprising an 8"
pipeline, commonly known as the Power -Tex Joint Venture
Post Lateral, which extends approximately 32 miles in
Lubbock, Lynn and Garza Counties, Texas, for a sale
price of $985,000.00 in cash, plus such other
consideration as set forth in the Pipeline Purchase
Agreement to be executed upon closing of this
transaction."
i
Dated this h day of February, 1988.
L . - AjL ten, uirector
. K. Freeman, D
B. J.Ubveho se, Director
7
M. D. ,,Rogers, D�rector
ley,
THE STATE OF TEXAS §
COUNTIES LYNN, LUBBOCK & GARZA §
ASSIGNMENT, WARRANTY DEED, BILL OF SALE AND CONVEYANCE
POWER-TEX JOINT VENTURE, hereinafter referred to as
"GRANTOR" for and in consideration of Ten.Dollars and other good
and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, has granted, sold, conveyed, transferred,
assigned and delivered, and by these presents does hereby grant,
bargain, sell, convey, transfer, assign and deliver unto the CITY
OF LUBBOCK, hereinafter referred to as "GRANTEE", with current
mailing address of P. 0. Box 2000, Lubbock, Texas 79457,
Attention: Carroll McDonald, all of Grantor's right, title and
interest in and to the following pipeline system located in
Lubbock, Lynn and Garza Counties, Texas, and being more
particularly described as follows, to -wit:
Approximately 32 miles of eight inch (811) pipeline known as
the Post -Lateral Pipeline, which begins. on a three (3) acre
tract of land in Section 4, Block S, G.C.SS.F. Ry. Co.
Survey, Lubbock County, Texas, and which three (3) acre
tract is adjacent to the Holly Avenue Power Station, which
is owned and operated by the Grantee and running from such
point in Lubbock County, Texas, to such pipeline's
connection to the field pipeline system of the
Post -Montgomery Waterflood Unit No. 1 located in the Garza
Field, Garza County, Texas, together with all of the
easements and rights of way agreements described in the
attached Exhibit "A", which is attached hereto and made a
part hereof for all relevant purposes and, further,
including the facilities and equipment described in the
attached Exhibit "B", which is hereby referred to and
incorporated herein by reference for all relevant purposes.
To the extent the interest conveyed hereby constitutes
personal property or fixtures GRANTOR EXPRESSLY DISCLAIMS AND
NEGATES (a) ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY,
(b) ANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE, and (c) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO
MODELS OR SAMPLES OF MATERIALS.
It is the intent of the Grantor to bargain, sell, transfer,
assign and convey unto Grantee all of Grantor's right, title and
interest in and to the Post -Lateral Unit Pipeline described
above, the easements and rights -of -way described in the exhibits
attached hereto, together with all rights, privileges, and
appurtenances thereunder and therein or in anywise pertaining
thereto, and Grantor hereby covenants and agrees that upon the
request of Grantee, Grantor will execute all such additional
instruments or conveyances as may be necessary to evidence
Grantee's ownership of the property hereinabove described and
intended to be conveyed hereby.
TO HAVE AND TO HOLD the above described premises, together
with all and singular the rights and appurtenances thereto in
anywise belonging unto the said Grantee, its successors and
assigns forever, and the Grantor does hereby bind itself, its
successors and assigns, to warrant and forever defend, all and
singular, the said premises unto the said Grantee, its successors
and.assigns, against every person, whosoever lawfully claiming or
to claim the same or any part thereof.
-2-
EXECUTED this 26th day of February, 1988, to be effective as
of the 1st day of March, 1988, at 8:00 o'clock a.m.
POWER-TEX JOINT VENTURE
BY: GGSI GAS CO.
Attorney -in -Fact
BY:
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
J. K.-FREEMAN, President
This instrument was acknowledged before me on the 26th day
of February, 1988, by the said J. FREEMAN, President of GGSI
GAS CO., the Attorney -in -Fact f POWER-TEX JOINT VENTURE on
behalf of said Joint Venture.
C
State off'/ Texas
My Commission Expire
-3-
9
EXH11M "A"
PROPERTY LOCATED IN GARZA COUNTY, TEXAS:
1. Right of Way. Agreement slated November 3, 1981, recorded in
Book 143, Page 905, Deed Records of Garza County, Texas,
executed by Larence J. Jackson and Dortha Jackson in favor of
Carbon Dioxide Technology Corporation covering a 20' wide
strip of land out of the NE/4 of Section 10, in the K. Aycock
Survey, Block 5, Abstract 508, as recorded in Book 106, Page
159, Deed Records, Garza'County, Texas.
2. Right of Way Agreement acknowledged on January 12, 1982, and
recorded in Book 144, Page 25, Deed Records of Garza County,
Texas, executed by Pauline Bland in favor of Carbon Dioxide
Technology. Corporation, covering a 20' wide strip of land out
of the SE/4 of Section 1231 and part in the W/2 of the NE/4 of
Section 10 in the J. V. Massey Survey and the K. Aycock
Survey, Abstracts 333 and 508, respectively, Garza County,
Texas, as recorded in Book 131, Page 536, Deed Records of
Garza County, Texas.
3. Right of Way Agreement dated December 10, 1981, recorded in
Book 143, Page 915 Deed Records of Garza County, Texas,
executed by Kenneth F. Montgomery, et al, in favor of Carbon
Dioxide Technology Corporation, covering a 20' wide strip of
land in the J. R. Galbreth and the J. V. Massey Surveys,
Abstracts 938, 645 and 333, respectively, as recorded in Book
9, Page 31, of the Deed Records of Garza County, Texas.
4. Right of Way -Agreement dated December 10, 1981, recorded in
Book 143, Page 909, Deed Records of Garza County, Texas,
executed by Kenneth F. Montgomery, et al, in favor of Carbon
Dioxide Technology Corporation, covering a 20' wide strip of
land in Sections 1229, 5, 1228, and a portion of Section 10,
in the K. Aycock Survey and the J. V. Massey Survey, Abstract
508, 333, respectively as recorded in Deed Record Book 9, Page
31, Garza County, Texas.
5. Right of Way Agreement dated November 29, 1981, recorded in
Book 143, Page 901, Deed Records of Garza County, Texas,
executed by William Paul Simpson, Robert Luther Simpson and
Leon Francis Simpson, in favor of Carbon Dioxide Technology
Corporation, covering a 20' wide strip of land in the NW/4 of
Section 10, and SW/4 of Section 1231 in the J. V. Massey
Survey, and the K. Aycock Survey, Abstract 333, and 508,
respectively, as recorded in Deed Record, Book 34, Page 181,
Garza County, Texas.
6. Right of Way Agreement dated November 10, 1981, recorded in
Book 143, Page 896, Deed Records of Garza County, Texas,
executed by Clarence Gunn and Oneta Gunn in favor of Carbon
Dioxide Technology Corporation, covering a 20, wide strip of
land in the west part north of highway in Section 1231,
Abstract 333 as recorded in Deed Records, Book 80, Page 364,
Garza County, Texas.
EXHIBIT "A PAGE 2
PROPERTY LOCATED IN GARZA COUNTY, TEXAS (Continued)
7. Right of Way Agreement dated November 10, 1981, recorded in
Book 143, Page 892, Deed Records of Garza County, Texas,
executed by C. B. Bullard in favor of Carbon Dioxide
Technology Corporation,. covering a 20' wide strip of land in
the SW/4 of Section 1236, A. B. 8 M. Survey, Abstract 644, as
recorded in Book 141, Page 20, Deed Records of Garza County,
Texas.
8. Right of Way Agreement dated December 8, 1981, recorded in
Book 143, Page 887, Deed Records of Garza County, Texas,
executed by T. H. Tipton in favor of Carbon Dioxide Technology
Corporation, covering a 20' wide strip of land in Section
1236, A. B. 6 M. Survey, Abstract 644, and part in Survey 4,
Block A, Abstract 1065, and further described in Deed Record
in Book 104, Page 72 and Book 49, Page 276, respectively,
Garza County, Texas.
9. Right of Way Agreement dated November 10, 1981, recorded in
Book 143, Page 883, Deed Records of Garza County, Texas,
executed by Ted Shults in favor of Carbon Dioxide Technology
Corporation, covering a 20' wide strip of land in Section 2,
and Section 4 in Survey No. 2, S. F. 8369 and Survey 4, S.F.
1442, Abstract 1168 and Abstract 1065, respectively, as
recorded in Book 48, Page 457, Deed Records of Garza County,
Texas.
10. Right of Way Agreement acknowledged on November 3,
1981, recorded in Book 143, Page 879, Deed Records
of Garza County, Texas, executed by Elias Sepeda Martinez, in
favor of Carbon Dioxide Technology Corporation, covering a 20,
wide strip of land in the NE/4 of Section 1402, Block 1, E. L.
& R.R. R.R. Survey, Abstract 650, as recorded in
Book 126, Page 312, Deed Records of Garza County, Texas.
11. Right of Way Agreement dated November 11, 1981, recorded in
Book 143, Page 874, Deed Records of Garza County, Texas,
executed by Charlie N. Brown in favor of Carbon Dioxide
Technology Corporation, covering a 20' wide strip of land
in the NE/4 of Section 1402, Block 1, E. L. 6 R.R. R.R.
Survey, Abstract 650, as recorded in Book 41, Page 595, Deed
Records of Garza County, Texas.
12. Right of Way Agreement dated November 3, 1981, recorded in
Book 143, Page 870, Deed Records of Garza County, Texas,
executed by Barnie Jones and Evelyn Jones, in favor of Carbon
Dioxide Technology Corporation, covering a 20' wide strip of
land in the SE/4 of Section 1298, J. R. Galbreth Survey,
Abstract 643, as recorded in Book 42, Page 538, Deed Records
of Garza County, Texas.
EXHIBIT "A" - PAGE S
PROPERTY LOCATED IN GARZA COUNTY, TEXAS (Continued)
13. Right of Way Agreement dated November 5, 1981, recorded in
Book 143, Page 865, Deed Records of Garza County, Texas,
executed by J. E. Winder in favor of Carbon Dioxide Technology
Corporation, covering a 20' wide strip of land in the SW/4 of
Section 1298 in the J. R. Galbreth Survey, Abstract 643, as
recorded in Book 30, Page 337, Deed Records of Garza County,
Texas.
14. Right of Way Agreement dated October 22, 1981, recorded in
Book 143, Page 861, Deed Records of Garza County, Texas,
executed by D. H. Bartlett, in favor of Carbon Dioxide
Technology Corporation, covering a 20' wide strip of land
in the SE/4 of Section 1297, D. B W. R.R. Survey, Abstract
293, as recorded in Book 42, Page 114, Deed Records
of Garza County, Texas.
15. Right of Way Agreement dated November 31, 1981, recorded in
Book 143, Page 857, Deed Records of Garza County, Texas,
executed by Pearl Robinson, in favor of Carbon Dioxide
Technology Corporation, covering a 20' wide strip of land
in the NE/4 of Section 1302, P. H. Talley Co. Survey, Abstract
741, as recorded in Book 34, Page 329, Deed Records
of Garza County, Texas.
16. Right of Way Agreement dated October 19, 1981, recorded in
Book 143, Page 853, Deed Records of Garza County, Texas,
executed by Paul Wheatley in favor of Carbon Dioxide
Technology Corporation, covering a 20' wide strip of land
in the SW/4 of Section 1281, B.S. B F.R.R. Co. Survey,
Abstract 287, as recorded in Book 44, Page 64, Deed Records -
of Garza County, Texas
17. Right of Way Agreement dated October 9, 1981, recorded in
Book 143, Page 849, Deed Records of Garza County, Texas,
executed by Barbara Ethridge in favor of Carbon Dioxide
Technology Corporation, covering a 20' wide strip of land
.in the SW/4 of Section 1281, B.S. B F. R.R. Co. Survey,
Abstract No. 287, as recorded in Book, 44, Page 64, Deed
Records of Garza County, Texas.
18. Right of Way Agreement dated October 7, 1981, recorded in
.Book 143, Page 845, Deed Records of Garza County, Texas,
executed by Henry M. Wheatley, in favor of Carbon Dioxide
Technology Corporation, covering a 201 wide strip of land
in the SW/4 of Section 1281, B. S. and F. R.R. Co. Survey,
Abstract 287, as recorded in Book 44, Page 64, Deed Records
of Garza County, Texas.
EXHIBIT "A" - PAGE 4
PROPERTY LOCATED IN GARZA COUNTY, TEXAS (Continued)
19. Right of Way Agreement dated October 27, 1981, recorded in
Book 143,-Page 837, Deed Records of Garza County, Texas,
executed by Pat Webb, in favor of Carbon Dioxide Technology
Corporation, covering a 20' wide strip of land in the SW/4 of
Section 1281, B. S. 8 F. R.R. Co. Survey, Abstract 287, as
recorded in Book 44, Page 64, Deed Records of Garza County,
Texas.
20. Right of Way Agreement dated October 20, 1981, recorded in
Book 143, Page 841, Deed Records of Garza County, Texas,
executed by Kent Wheatley, in favor of Carbon Dioxide
Technology Corporation, covering a 20' wide strip of land
in the SW/4 of Section 1281, B.S 8 F. R.R. Co. Survey,
Abstract 287, as recorded in Book 44, Page 64, Deed Records
of Garza County, Texas.
21. Right of Way Agreement dated,October 1, 1981, recorded in
Book 143, Page 805, Deed Records of Garza County, Texas,
executed by Elmer L. Hitt in favor of Carbon Dioxide
Technology Corporation, covering a 20' wide strip of land
in NE/4 Section 2, H. E. and W. T. R. R. Survey, Abstract
891, as recorded in Book 15, Page 188, Deed Records
of Garza County, Texas.
22. Right of Way Agreement dated November 4, 1981, recorded in
Book 143, Page 832, Deed Records of Garza County, Texas,
executed by B. W. Altman and Hazel Altman in favor of Carbon
Dioxide Technology Corporation, covering a 20' wide strip of
land in the SE/4 of Section 1255, T. T. and R. R. Co. Survey,.
Abstract 342, as recorded in Book'134 and 38, Page 248-249 and
296-297 respectively, Deed Records of Garza County, Texas.
23. Right of Way Agreement dated October 8, 1981, recorded in
Book 143, Page 801, Deed Records of Garza County, Texas,
executed by Jewell Ward, in favor of Carbon Dioxide Technology
Corporation, covering a 20' wide strip of land in the SW/4 of
Section 1255, T. T. R. R. Co. Survey, Abstract 342, as
recorded in Book 111, Page 112, Deed Records of Garza County,
Texas.
24. Right of Way Agreement dated October 20, 1981, recorded in
Book 143, Page 797, Deed Records of Garza County, Texas,
executed by Virginia Lee Gentry, in favor of Carbon Dioxide
Technology Corporation, covering a 20' wide strip of land
in the SW/4 of Section 1255, T. T. R. R. Co. Survey, Abstract
342, as recorded in Book 111, Page 112, Deed Records
of Garza County, Texas.
EXHIBI". "A" PAGE 5
PROPERTY LOCATED IN GARZA COUNTY, TEXAS (Continued)
25. Right of Way Agreement dated December 17, 1981, recorded in
Book 144, Page 404, Deed Records of Garza County, Texas,
executed by Maxine Durrett Marks Earl, in favor of Carbon
Dioxide Technology Corporation, covering a 20' wide strip of
land in the N/2 of the NW/4 of Section 1255 in the T. T. R. R.
Co. Survey, Abstract No. 342, as recorded in
Book 15, Page 255, Deed Records of Garza County, Texas.
26. Right of Way Agreement dated December 17, 1981, recorded in
Book 143, Page 828, Deed Records of Garza County, Texas,
executed by Maxine Durrett Marks Earl, in favor of Carbon
Dioxide Technology Corporation, covering a 20' wide strip of
land in Survey 2 and Survey 4, Block A, Abstracts 1168 and
1065, respectively, as recorded in Book 20, Page 38, Deed
Records of Garza County, Texas.
27. Right of Way Agreement dated December 7, 1981, recorded in
Book 143, Page 824, Deed Records of Garza County, Texas,
executed by L. E. Bartlett, in favor of Carbon Dioxide
Technology. Corporation, covering a 20' wide strip of land
in the N/2 of Section 134, T. T. R. R. Co. Survey, Abstracts
344, as recorded in Book 28, Page 132, Deed Records
of Garza County, Texas.
28. Right of Way Agreement dated September 28, 1981, recorded in
Book 143, Page 819, Deed Records of Garza County, Texas,
executed by F. D. Wheeler, in favor of Carbon Dioxide
Technology Corporation, covering a 20' wide strip of land
in the E/2 of Section 1249, A.B. and M. R.R. Survey, Abstract
• 278 as recorded in Book 95 and 101, Pages 565 and 927,
respectively, Deed Records of Garza County, Texas.
29. Right of Way Agreement dated October 7, 1981, recorded in
Book 143, Page 815, Deed Records of Garza County, Texas,
executed by V. C. Wheeler, in favor of Carbon Dioxide
Technology Corporation, covering a 20, wide strip of land
in the NW/4 of Section 1250, L.P.G. R.R. Survey, Abstract
759, as recorded in Book 125, Page 69, Deed Records
of Garza County, Texas.
30. Right of Way Agreement dated October 19, 1981, recorded in
Book 143, Page 811, Deed Records of Garza County, Texas,
executed by Maxine Wood, Executrix of the Estate of W. C.
Wood, Deceased, in favor of Carbon Dioxide Technology
Corporation, covering a 20' wide strip of land in the SE/4 and
the SW/4 of Section 1259, in the J. H. Gibson Survey, Abstract
309, as recorded in Book 89, Page 444, Deed Records
of Garza County, Texas.
EXHIBIT "A" - PAGE 6
PROPERTY LOCATED IN GARZA COUNTY, TEXAS (Continued)
31. That certain right-of-way granted to Carbon Dioxide Technology
Corporation on April 26, 1982, in Cause No. 3673 in
the District Court of Garza County, Texas, covering a strip of
land 20' in width in the AB&M Survey No. 1236, Abstract
No. 644, Garza County, Texas, and being further described in
Book 81, Page 617, and Book 86, Page 627 of the Deed Records
of Garza County, Texas.
32. That certain right-of-way granted to Carbon Dioxide Technology
Corporation on February 2, 1982, in Cause No. 3663 in
the District Court of Garza County, Texas, covering a strip of
land 20' in width in the NE/4 of Section 1297, DSW Railway Co.
Survey, Abstract No. 293 Garza County, Texas, as per
Settlement Agreement and Release dated January 20, 1983,
entered into between Jack Burkett, et al and Carbon Dioxide
Technology Corporation.
33. That certain right-of-way granted to Carbon Dioxide Technology
Corporation on February 4, 1982, in Cause No 3664, in
the District Court of Garza County, Texas, covering a strip of
land 20' in width in the NW/4 of Section 1297, DSW Railway Co.
Survey, Abstract No. 293, Garza County, Texas.
34. That certain right-of-way granted to Carbon Dioxide Technology
Corporation on February 22, 1982, in Cause No. 3675, in
the District Court of Garza County, Texas, covering a strip of
land 20' in width in the SE/4 of Section 1281, BSSF Railway
Co. Survey, Abstract No. 287, Garza County, Texas.
35. That certain right-of-way granted to Carbon Dioxide Technology
Corporation on February 4, 1982, in Cause No. 3661, in
the District Court of Garza County, Texas, covering a strip of
land 20' in width in the W/2 of Section 1281, BS&F Railway
Co. Survey, Abstract No. 357, Garza County, Texas.
36. That certain right-of-way granted to Carbon Dioxide Technology
Corporation on February 1, 1982, in Cause No. 3662, in
the District Court of Garza County, Texas, covering a strip of
land 20' in width in the NE/4 of Section 1253, Abstract No.
345, and an 87 acre tract in the S/2 of the NW/4 of Section
1255, Abstract No. 342, both in T.T. Ry. Co. Survey, Garza
County, Texas, as per Settlement Agreement and Release dated
January 20, 1983, entered into between Virgil Smith, et al,
and Carbon Dioxide Technology Corporation.
EXHIBIT "A" - PAGE 7
PROPERTY LOCATED IN GARZA COUNTY, TEXAS (Continued)
37. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on February 4,. 1982, in Cause
No. 3665, in the District Court of Garza County, Texas,
covering a strip of land 20' in width in the SE/4 of
Section 1245, T. T. Ry. Co. Survey Abstract
No. 344 Garza County, Texas.
38. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on March 12, 1982, in Cause
No. 3674, in the District Court of Garza County, Texas,
covering a strip of land 20' in width in the SW/4 of
Section 1245, T.T. Ry. Co. Survey, Abstract
No. 344 Garza County, Texas.
39. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on March 12, 1982, in Cause
No. 3672, in the District Court of Garza County, Texas,
covering a strip of land 20' in width in the NE/4 and in
the S/2 of Section 1250, ABDM Survey, Abstract
No. 759 Garza County, Texas, and further described in
that one certain Pipeline Right -of -Way executed by Janet
Wilson Ferguson, C. R. Lancaster, Travis Lancaster and C.
R. (Pete) Travis, dated April 2, 1986, and recorded in
Volume 155, Page 381, Deed Records of Garza County, Texas.
PROPERTY LOCATED IN LYNN COUNTY, TEXAS
40. Right of Way Agreement dated September 29, 1981, recorded
in Volume 260, Page 655, Deed Records of Lynn County,
Texas, executed by Walter G. Stolle, in favor of Carbon
Dioxide Technology Corporation, covering a 20' wide strip
of land in the SW/4 of .Section 1263, J.H.G. Survey,
Abstract No. 1277, as recorded in
Volume 173, Page 123, Deed Records of Lynn County, Texas.
41. Right of Way Agreement dated December 9, 1981, recorded in
Volume 260, Page 651, Deed Records of Lynn County, Texas,
executed by Dwayne Preston and Suzanne Preston in favor of
Carbon Dioxide Technology Corporation, covering a 20, wide
strip of land in the N/2 of Section 13, Block J, G.W.T. &
P.R. R.R. Survey,, Abstract 61, as recorded in
Volume 203, Page 159, Deed Records of Lynn County, Texas.
EXHIBIT "A" - PAGE P
PROPERTY LOCATED IN LYNN COUNTY, TEXAS (Continued)
42. Right of Way Agreement dated December 14, 198(1), recorded
in Volume 260, Page 645, Deed Records of Lynn County,
Texas, executed by Gloria Hardin, in favor of Carbon
Dioxide Technology Corporation, -covering a 20' wide strip
of land in Section 11, Block J, A.C. H & B. R.R. Survey,
Abstract 115, and in Section 9, Block J, B.S. 6 F Survey,
Abstract 119, as recorded in Volume 1, Pages 233, and 234,
respectively, Deed Records of Lynn County, Texas.
43. Right of Way Agreement dated September 23, 1981, recorded
in Volume 260, Page 641, Deed Records of Lynn County,
Texas, executed by Walter O. Heinrich and Lillian
Heinrich, in favor of Carbon Dioxide Technology
Corporation, covering a 20' wide strip of land in the NE/4
of Section 7, Block J, J.H.G. Survey, Abstract 270, as
recorded in Volume 135, Page 22, Deed Records
of Lynn County, Texas.
44. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on March 12, 1982, in Cause
No. 5, in the District Court of Lynn County, Texas,
covering a strip of land 201 in width in the S/2 of
Section 8, D & W Railway Co. Survey, Block 0, Abstract
No. 627, Lynn County, Texas, and further described in
Pipeline Right -of -Way executed by Janet Wilson Ferguson
and Ed Moseley, dated April 2, 1986, and recorded in
Volume 282, Page 516, Deed Records of Lynn County, Texas.
45. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on March 121 1982, in Cause
No. 10, in the District Court of Lynn County, Texas,
covering a strip of land 201. in width in the NW/4 of
Section 8, DSW Railway Co. Survey, Block O, Abstract 627,
Lynn County, Texas, and being further described in that
certain Pipeline Right -of -Way executed by Carol F.
Henderson and Ed Moseley, dated April 2, 1986, and
recorded in Volume 282, Page 519, of the Deed Records
of Lynn County, Texas.
46. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on March 12, 1982, in Cause
No. 7, in the District Court of Lynn County, Texas,
covering a strip of land 20' in width in the NE/4 of
Section 5, D & W Railway Co. Survey, Block 0, Abstract
121, Lynn County, Texas, and being further described in
that certain Pipeline Right -of -Way executed by Betty
Ferguson McKinnon and Dave Roberson, dated March 31, 1986,
and recorded in Volume 282, Page 542, of the Deed Records
of Lynn County, Texas.
EXHIBIT "A" - PAGE 9
PROPERTY LOCATED IN LYNN COUNTY, TEXAS (Continued)
47. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on March 12, 1982, in Cause
No. 4, in the District Court of Lynn County, Texas,
covering a strip of land 20' in width in the NE/4 of
Section 1273, EL&RR Co. Survey Abstract No. 1276,
Lynn County, Texas.
48. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on March 4, 1982, in Cause No. 3 in
the District Court of Lynn County, Texas, covering a strip
of land 20' in width in the NW/4 of Section 1273, EL&RR
Co. Survey, Abstract No. 1276, Lynn County, Texas.
49. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on March 12, 1982, in Cause
No. 6, in the District Court of Lynn County, Texas,
covering a strip of land 20' in width in the NE/4 of
Section 1265, J. H. Gibson Survey, Abstract
No. 1241, Lynn County, Texas.
50. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on March 4, 1962, in Cause
No. 1, in the District Court of Lynn County, Texas,
covering a strip of land 20' in width in the NW/4 and S/2
of Section 1265, J. H. Gibson Survey, Abstract No. 311,
Lynn County, Texas.
51. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on March 4, 1982, in Cause
No. 2; in the District Court of Lynn County, Texas,
covering a strip of land 20' in width in the S/2 of
Section 12, - A.C.H. & B. R.R. Co. Survey Abstract
No. 637 Lynn County, Texas.
PROPERTY LOCATED IN LUBBOCK COUNTY, TEXAS
52. Right of Way Agreement dated January 18, 1982, recorded in
Volume 1770, Page 103, Deed Records of Lubbock County,
Texas, executed by Edna Fenley and Joe R.. Rhoads in favor
of Carbon Dioxide Technology Corporation, covering a 20'
wide strip of land in S/2 of NE/4 of Section 24, Block 24,
H.E. & W.T.R.R. Survey, Abstract 914, as recorded in
Volume 17, Page 530, Deed Records of Lubbock County,
Texas.
EXHIBIT "A" - PAGE 10
PROPERTY LOCATED IN LUBBOCK COUNTY, TEXAS (Continued)
53. Right of Way Agreement dated November 6, 1981, recorded in
Volume 1768, Page 946, Deed Records of Lubbock County,
Texas, executed by Lula Barnett Rhoads in favor of Carbon
Dioxide Technology Corporation, covering a 20' wide strip
of land in the W/2 of NW/4 of Section 24, Block 24, H.E. 8
W.T. R.R. Survey, Abstract No. 914, as recorded in
Volume 17, Page 530, Deed Records of Lubbock County,
Texas.
54. Right of Way Agreement dated August 31, 1981, recorded in
Volume 1768, Page 925, Deed Records of Lubbock County,
Texas, executed by H. R. SchwerUner and Rita
Schwertner, in favor of Carbon Dioxide Technology
Corporation, covering a 20' wide strip of land in the NW/4
of Section 52, Block S, G.C. and S.F. R.R. Survey,
Abstract 465, as recorded in Volume 861, Page 545, Deed
Records of Lubbock County, Texas.
55. Right of Way Agreement dated August 26, 1981, recorded in
Volume 1768, Page 937, Deed Records of Lubbock County,
Texas, executed by C. B. Bloxom, in favor of Carbon
Dioxide Technology Corporation, covering 'a 20' wide strip
of land in the E/2 of the NE/4 of Section 53, Block S,
G.C. and S. F. R.R. Survey, Abstract 226, as recorded in
Volume 375, Page-390, Deed Records of Lubbock County,
Texas.
56. Right of Way Agreement dated August 31, 1981, recorded in
Volume 1768, Page 930, Deed Records of Lubbock County,
Texas, and re -recorded in Volume 1780, Page 218, Deed
Records of Lubbock County, Texas, executed by Audrey
Kitten, Independent Execturix of the Estate of L. B.
Kitten, Deceased, in favor of Carbon Dioxide Technology
Corporation, covering a 20' wide strip of land in E/2 of
Section 54, Block S, G.C. and S. F. R. R. Survey, Abstract
464, as recorded in Volume 62, Page 489, Deed Records
of Lubbock County, Texas.
57. Valve Easement (Supplemental to Existing Easement)
dated August 31, 1981, recorded in Volume 1768,
Page 935, Deed Records of Lubbock County, Texas, and
re -recorded in Volume 1780, Page 223, Deed Records of
Lubbock County, Texas, executed by Audrey Kitten,
Independent Executrix of the Estate of L. B. Kitten, in
favor of Carbon Dioxide Technology Corporation, covering a
20' wide strip of land in E/2 of Section 54, Block S, G.C.
and S.F.R.R. Survey, Abstract 464, being further described
in Volume 62, Page 489, Deed Records of Lubbock County,
Texas.
EXHIBIT "A" - PAGE 11
PROPERTY LOCATED IN LUBBOCK COUNTY, TEXAS (Continued)
58. Right of Way Agreement dated August 31, 1981, recorded in
Volume 1768, Page 941, Deed Records of Lubbock County,
Texas, executed by H.R. Schwertner and Mrs. H. R.
Schwertner in favor of Carbon Dioxide Technology
Corporation, covering a 20' wide strip of land in SW/4 of
Section 54, Block S, G.C. and S.F. R.R. Survey, Abstract
No. 464, as recorded in Volume 304, Page 297, Deed Records
of Lubbock County, Texas.
59. Right of Way Agreement dated September 3, 1981, recorded
in Volume 1768, Page 920, Deed Records of Lubbock County,
Texas, executed by Walter C. Denzer and Mary Jane
Denzer, in favor of Carbon Dioxide Technology Corporation,
covering a 20' wide strip of land in the NW/4 of Section
54, Block S, G.C. and S. F. R. R. Survey, Abstract 464, as
recorded in Volume 839, Page 39, Deed Records of Lubbock
County, Texas.
60. Right of Way Agreement dated September 14, 1981, recorded
in Volume 1768, Page 915, Deed Records of Lubbock County,
Texas, executed by E. J. Wimmer and Joerita Wimmer, in
favor of Carbon Dioxide Technology Corporation, covering a
20, wide strip of land in the E/2 of the North 200 acres
of Section 55, Block S, G.C. and S.F.R.R. Survey, Abstract
No. 225, as recorded in Volume 714, Page 645, Deed Records
of Lubbock County, Texas.
61. Right of Way Agreement dated November 19, 1981, recorded
in Volume 1768, Page 890, Deed Records of Lubbock County,
Texas, executed by Helen Benton Williams, in favor of
Carbon Dioxide Technology Corporation, covering a 20' wide
strip of land in Section 28 and the NE/4 of Section 57,
respectively, in the G.C. & S. F. R.R. Co Survey, Block
S, Abstract 479, and Abstract 224, respectively, as
recorded in Volume 213, Page 511, Deed Records
of Lubbock County, Texas.
62. Right of Way Agreement dated November 13, 1981, recorded
in Volume 1768, Page 910, Deed Records of Lubbock County,
Texas, executed by Ruth Ann Hill, in favor of Carbon
Dioxide Technology Corporation, covering a 20' wide strip
of land in Section 28 and the NE/4 of Section 57,
respectively, in the G.C. S S.F. R.R.Co. Survey, Block S,
Abstract 479 and Abstract 224, respectively, as recorded
in Volume 213, Page 511, Deed Records of Lubbock County,
Texas.
EXHIBIT "A" - PAGE 12
PROPERTY LOCATED IN LUBBOCK COUNTY, TEXAS (Continued)
63. Right of Way Agreement dated November 11, 1981, recorded
in Volume 1768, Page 905, Deed Records of Lubbock County,
Texas, executed by Robert M. Benton, in favor of Carbon
Dioxide Technology Corporation, covering a 20' wide strip
of land in Section 28 and the NE/4 of Section 57,
respectively, in the. G.C. & S.F.R.R. Co. Survey, Block S,
Abstract 479 and Abstract 224, respectively, as recorded
in Volume 213, Page 511, Deed Records of Lubbock County,
Texas.
64. Right of Way Agreement dated November 16, 1981, recorded
in Volume 1768, Page 900, Deed Records of Lubbock County,
Texas, executed by J. L. Benton, III, Individually and as
Executor of the Estate of Margie Benton, Deceased, in
favor of Carbon Dioxide Technology Corporation, covering a
20, wide strip of land in Section 28 and the NE/4 of
Section 57, respectively, in the G.C.SS.F. R.R. Co.
Survey, Block S, Abstract 479 and Abstract No. 224
respectively, as recorded in Volume 213, Page 511, Deed
Records of Lubbock County, Texas.
65. Right of Way Agreement dated January 1, 1982, recorded in
Volume 1768, Page 895, Deed Records of Lubbock County,
Texas, executed by J. L. Benton, Jr., in favor of Carbon
Dioxide Technology Corporation, covering a 20' wide strip
of land in Section 28 and the NE/4 of Section 57,
respectively, in the G. C. & S.F.R.R. Co. Survey, Block S,
Abstract 479 and Abstract 224, respectively, as recorded
in Volume 213, Page 511, Deed Records of Lubbock County,
Texas.
66. Right of Way Agreement dated December 28, 1981, recorded
in Volume 1768, Page 882, Deed Records of Lubbock County,
Texas, executed by Joe N. Nislar, Ora Nislar, Individually
and Co -Trustee, Marilyn Nislar, Doris Nislar, Mildred
Nislar, Jerry N. Nislar, 0. L. Nislar, Jr., James Robert
Nislar, and American State Bank of Lubbock, Texas,
Co -Trustee, in favor of Carbon Dioxide Technology
Corporation, covering a 20' wide strip of land over and
accross the NW/4 and E/2 of Section 5, Block S, Abstract
206, as recorded in Volume 253 and 202, Page 499 and 241,
respectively, Deed Records of Lubbock County, Texas.
EXHIBIT "A" - PAGE 13
PROPERTY LOCATED IN LUBBOCK COUNTY, TEXAS (Continued)
67. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on February 15, 1982, in Cause
No. 410, in the County Court at Law No. Two of Lubbock
County, Texas, covering a strip of land 20' in width along
and across a 160 acre tract of land, being in the NE/4 of
Section 65, GC&SF Railway Co. Survey, Block S. Abstract
No. 310, Lubbock County, Texas, and being further
described in Volume 1152, Page 170 of the Deed Records
of Lubbock CounlCy, Texas.
68. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on February 5, 1982, in Cause
No. 409, in the County Court At Law No.
2 of Lubbock County, Texas, covering a strip of land 20'
in width across the SE/4 of Section 16 in the GCBSF
Railway Co. Survey Block S, Abstract
No. 476, Lubbock County, Texas, and being further
described in Volume 319, Page 93, of the Deed Records
of Lubbock County, Texas.
69. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on April 21, 1982, in Cause
No. 1024, in the County Court at Law No. One of
Lubbock County, Texas, covering a strip of land 20, in
width extending ten feet southwesterly and parallel to and
along and ten feet northeasterly and parallel and along
the right-of-way line located in a 110 acre tract of land
in the S/2 of Section 58, GC&SF Railway Co. Survey, Block
S, Abstract 461, Lubbock County, Texas.
70. Right of Way Agreement dated March 30, 1982, recorded in
Volume 1779, Page 44, Deed Records of Lubbock County,
Texas, executed by Flora Schultz, in favor of Carbon
Dioxide Technology Corporation
71. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on April 21, 1982, in Cause
No. 1032, in the County Court at Law No. One of
Lubbock County, Texas, covering a strip of land 20'. in
width in the NW/4 of Section 58, GCSSF Railway Co. Survey,
Block S, Abstract No. 461, Lubbock County, Texas.
72. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on April 26, 1982, in Cause
No. 1033 and Cause No. CV 82-00373-1, in the County Court
at Law No. One of Lubbock County, Texas, covering a strip
of land 20' in width in the SW/4 of Section -l6 in the
.GCSSF Railway Co. Survey, Block S, Abstract No. 476,
Lubbock County, Texas, and being further described in
EXHIBIT "A" - PAGE 14
PROPERTY LOCATED IN LUBBOCK COUNTY, TEXAS (Continued)
Volume 644, Page 369, of the Deed Records of Lubbock
County, Texas.
73. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on May 5, 1982, in Cause
No. 408, in the County Court at Law No. Two of
Lubbock County, Texas, covering a strip of land 20' in
width in the NW/4 of Section 16, in the GCSSF Railway Co.
Survey, Block S, Abstract No. 476, Lubbock County,'Texas.
74. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on April 21, 1982, in Cause
No. 411, in the County Court at Law No. Two of
Lubbock County, Texas, covering a strip of land 20' in
width in the N/2 of Section 15,. in the GCSSF Railway Co.
Survey, Block S, Abstract No. 199, Lubbock County, Texas,
and further described in that certain Pipeline
Right -of -Way dated May 5, 1986, executed by William M.
Higgins, Jr. and Martin Shepherd Higgins, individually and
as Co -Executors and Co -Trustees of the Estate of Beulah D.
Shepherd, and the First National Bank of Lubbock, as
Co -Executor and Co -Trustee of the Estate of Beulah D.
Shepherd, recorded in Volume 2182, Page 55, Official Real
Property Records of Lubbock County, Texas.
75. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on February 2, 1982, in Cause
No. 1026, in the County Court at Law No. One of
Lubbock County, Texas, covering a strip of land 20' in
width in the W/2 of Section 12, in the GCBSF Railway
Co. Survey, Block S, Abstract No. 454, Lubbock County,
Texas.
76. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on April 21, 1982, in Cause
No. 1022, in the County Court at Law No. One of Lubbock
County, Texas, covering a strip of land 20' in width in
the E/2 of the NW/4 of Section 24, in the HE&WT Railway
Co. Survey, Block 24, Abstract 914, Lubbock County,
Texas.
77. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on April 21, 1982, in Cause
No. 1025 in the County Court at Law No. One of Lubbock
County, Texas, covering a strip of land 20' in width in
the S/2 of the SW/4 of Section 25, HE&WT Railway Co.
Survey, Block 24, Abstract No. 392, Lubbock County,
Texas.
EXHIBIT "A" - PAGE 15
PROPERTY LOCATED IN LUBBOCK COUNTY, TEXAS (Continued)
78. That certain . right-of-way granted to Carbon Dioxide
Technology Corporation on April 21, 1982, in Cause
No. 415, in the County Court at Law No. Two of Lubbock
County, Texas, covering a strip of land 20' in width in
the SE/4 of Section 26, HE&WT Railway Co. Survey, Block
24, Abstract No. 914, Lubbock County, Texas.
79. That certain right-of-way granted "Co Carbon Dioxide
Technology Corporation on April .21, 1982, in- Cause
No. 416, in the County Court at Caw No. Two of
Lubbock County, Texas, covering a strip of land 20, in
width in the North 200 acres of the E/2 of Section 26,
HE&WT Railway Co. Survey, Block 24, Abstract No. 914,
Lubbock County, Texas.
80. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on April 21, 1982, in Cause
No. 414, in the County Court at Law No. Two of
Lubbock County, Texas, covering a strip of land 20' in
width in Tract 11 of Section 37, in the HESWT Railway
Company Survey, Block 24, Abstract No. 1212, Lubbock
County, Texas.
81. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on April 23, 1982, in Cause
No. 407, in the County Court at Law No. Two of
Lubbock County, Texas, covering a strip of land 20' in
width in the east 200 acres of the S/2 of Section 52,
GS&SF Railway Co. Survey, Block S, Abstract 46.5, Lubbock
County, Texas.
82. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on February 5, 1982, in Cause
No. CV82-00077-1, in the County Court At Law No. One
of Lubbock County, Texas, covering a strip of land 20' in
width in the SW/4 of Section 52, GC&SF Railway Co. Survey,
Block S, Abstract No. 465, Lubbock County, Texas, and
being further described in that certain Pipeline
Right -of -Way dated April 2, 1986, executed by Ada Mae
Kitten Robinson, William Robinson, Jr. and Roger Kitten,
and recorded in Volume 2140, Page 11, of the Official Real
Property Records of Lubbock County, Texas.
I
EXHIBIT "A" - PAGE 16
PROPERTY LOCATED IN LUBBOCK COUNTY, TEXAS (Continued)
83. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on April 21, 1982, in Cause
No. 1031, in the County Court at Law No. One of
Lubbock County, Texas, covering' a strip of land 20' in
width in the S/2 of Section 58, GCBSF Railway Co. Survey,
Block S, Abstract No. 461, Lubbock County, Texas.
84. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on April 21, 1982, in Cause
No. 1030, in the County Court at Law No. One of Lubbock
County, Texas, covering a strip of land 20' in width in
the W/2 of Section 28, GCBSF Railway Co. Survey Block S,
Abstract No. 479, Lubbock County, Texas.
85. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on April 21, 1982, in Cause
No. 1028, in the County Court at Law No. One of
Lubbock County, Texas, covering a strip of land 20in
width in Section 23, HEBWT Railway Co. Survey, Block
24, Abstract No. 259, Lubbock County, Texas.
86. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on April 21, 1982, in Cause
No. 412, in the County Court at Law No. Two of
Lubbock County, Texas, covering a strip of land 20' in
width in the S/2 of the SE/4 of Section .24, HEBWT Railway
Co. Survey, Block 24, Abstract No. 914, Lubbock County,
Texas.
87. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on April 21, 1982, in Cause
No. 413, in the County Court at Law No. Two of
Lubbock County, Texas, covering a strip of land 20' in
width in the N/2 of the SE/4 of Section 24, HEBWT Railway
Company Survey, BLock 24, Abstract No. 914, Lubbock
County, Texas.
88. That certain right-of-way granted to Carbon Dioxide
Technology. Corporation on May 4, 1982, in Cause
No. 1027, in the County Court at Law No. One of
Lubbock County, Texas, covering a strip of land 20' in
width in the W/2 of Section 12, Block S, Abstract 454,
GCBSF Railway Co. Survey, Lubbock County, Texas.
EXHIBIT "A" - PAGE 17
PROPERTY LOCATED IN LYNN AND LUBBOCK COUNTIES, TEXAS
89. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on March 12, 1982, in Cause
No. 9 in the District Court of Lynn County, Texas,
covering a strip of land 20' in width in the East 261
acres of Section 6, D & W Railway Co. Survey, Block O,
Abstract No. 1454, Lubbock and Lynn Counties, Texas, and
further described in that certain Pipeline Right -of -Way
dated April 2,. 1986, executed by Mary Ann Wilson Waldrep
and Dave Roberson and recorded in Volume 2168, Page 83,
Official Real Property Records of Lubbock County, Texas
and Volume 282, Page 545 of the Deed Records of Lynn
County, Texas.
90. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on April 21, 1982, in Cause
No. 1029, in the County Court at Law No. One of
Lubbock County, Texas, covering a strip of land 20' in
width in the W/2 of Section 6, D&W Railway Co. Survey,
Block O, Abstract, No. 913, Lubbock and Lynn Counties,
Texas.
91. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on February 23, 1982, in Cause
No. 406, in the County Court at Law No. Two of Lubbock
County, Texas, covering a strip of land 201 in width in
the E/2 of the E/w of Section 3 and in a 107.1 acre tract -
in the NW/4 of Section 6, D & W Railway Co. Survey, Block
O, Abstracts Nos. 121 and 913, Lubbock and Lynn Counties,
Texas.
PROPERTY LOCATED IN LYNN AND GARZA COUNTIES, TEXAS
92. That certain right-of-way granted to Carbon Dioxide
Technology Corporation on March 4, 1982, in Cause
No. 8, in the District Court of Lynn County, Texas,
covering a strip of land 20' in width in the SE/4 of
Section 1273 in the E. L. & R. R. Co. Survey, Abstract No.
1276 and Abstract 305, Lynn and Garza Counties, Texas.
STREET AND ROADWAY CROSSING AGREEMENTS
There is also included herein all permits and agreements
with public entities covering permits for the crossing of
public roadways heretofore obtained by the Seller.
s
Main Pipeline:
Quantity
Approximately 32 mi.
1
4
1
4
1
1
EXHIBIT "B
LIST OF FACILITIES
Description
8" Steel Pipeline
Resun 6020 Line Isolation Valve
8" M & J 303Valves
6" M & J 303 Valve
4" Rockwell 2245 Valves
Pig Launcher (in yard)
Cathodic Retifier with deep well
At Cedar Hills•
Quantity Description
5 2" 600 { WKM RF Flanged Valves
2 2" Meter Runs with Daniels Jr. Fittings
2 Barton 202 E Meters
2 2 Wheatley Check Valves
1 YZ Gas Sampler with 2 YZ 500cc Cylinders
1 4'x4' Metal Meter House
All are mounted on a common skid
At Pleasant Valley:
Quantity Description
1 2" Meter Run with Daniels Jr. Fittings
1 3" Turbine Meter
1 3" Isolation Valve
1 Barton 202 E Meter
1 YZ Gas Sampler with 2 YZ 500cc Cylinders
4
THE STATE OF TEXAS §
COUNTIES LYNN, LUBBOCK S GARZA §
ASSIGNMENT, WARRANTY DEED, BILL OF SALE AND CONVEYANCE
POWER-TEX JOINT VENTURE, hereinafter referred to as
"GRANTOR" for and in consideration of Ten Dollars and other good
and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, has granted, sold, conveyed, transferred,
assigned and delivered, and by these presents does hereby grant,
bargain, sell, convey, transfer, assign and deliver unto the CITY
OF LUBBOCK, hereinafter referred to as "GRANTEE", with current
mailing address of P. O. Box 2000, Lubbock, Texas 79457,
Attention: Carroll McDonald, all of Grantor's right, title and
interest in and to the following pipeline system located in
Lubbock, Lynn and Garza Counties, Texas, and being more
particularly described as follows, to -wit:
Approximately 32 miles of eight inch (811) pipeline known as
the Post -Lateral Pipeline, which begins on a three (3) acre
tract of land in Section 4, Block S, G.C.SS.F. Ry. Co.
Survey, Lubbock County, Texas, and which three (3) acre
tract is adjacent to the Holly Avenue Power Station, -which
is owned and operated by the Grantee and running from such
point in Lubbock County, Texas, to such pipeline's
connection to the field pipeline system of the
Post -Montgomery Waterflood Unit No. 1 located in the Garza
Field, Garza County, Texas, together with all of the
easements and rights of way agreements described in the
attached Exhibit "A", which is attached hereto and made a
part hereof for all relevant purposes and, further,
including the facilities and equipment described in the
attached Exhibit "B", which is hereby referred to and
incorporated herein by reference for all relevant purposes.
To the extent the interest conveyed hereby constitutes
personal property or fixtures GRANTOR EXPRESSLY DISCLAIMS AND
NEGATES (a) ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY,
(b) ANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE, and (c) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO
MODELS OR SAMPLES OF MATERIALS.
It is the intent of the Grantor to bargain, sell, transfer,
assign and convey unto Grantee all of Grantor's right, title and
interest in and to the Post -Lateral Unit Pipeline described
above, the easements and rights -of -way described in the exhibits
attached hereto, together with all rights, privileges, and
appurtenances thereunder and therein or in anywise pertaining
thereto, and Grantor hereby covenants and agrees that upon the
request of Grantee, Grantor will execute all such additional
instruments or conveyances as may be necessary to evidence
Grantee's ownership of the property hereinabove described and
intended to be conveyed hereby.
TO HAVE AND TO HOLD the above described premises, together
with all and singular the rights and appurtenances thereto in
anywise belonging unto the said Grantee, its successors and
assigns forever, and the Grantor does hereby bind itself, its
successors and assigns, to warrant and forever defend, all and
singular, the said premises unto the said Grantee, its successors
and assigns, against every person, whosoever lawfully claiming or
to claim the same or any part thereof.
-2-
EXECUTED this 26th day of February, 1988, to be effective as
of the 1st day of March, 1988, at 8:00 o'clock a.m.
POWER-TEX JOINT VENTURE
BY: GGSI GAS CO.
Attorney -in -Fact
BY:
J. ]K.EFRE:E:;MAN, President
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on the 26th day
of February, 1988, by the said J. K FREEMAN, President of GGSI
GAS CO., the Attorney -in -Fact fo OWER-TEX�JOINT VENTURE on
behalf of said Joint Venture.
State (bf Texas
My Commission Expires:
-3-