HomeMy WebLinkAboutResolution - 2001-R0325 - Exercises Option To Purchase Water Rights - 08/30/2001Resolution No. 2001-RO325
August 30, 2001
Item No. 37
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
WHEREAS, the City of Lubbock entered into that certain Water Rights Lease
Agreement (the "Agreement"), dated on or about May 18, 1991, with J.E. Birdwell,
a/k/a John E. Birdwell, II, a/k/a J.E. Birdwell, II and wife, Genene B. Birdwell,
regarding the lease of certain water rights in, on and under lands located in Bailey
County, Texas, as described on Exhibit "A" attached hereto (the "Lands");
WHEREAS, in addition to the lease of water rights in, on and under the Lands,
the Agreement contained an option to purchase, in favor of the City of Lubbock, all of
the water rights in, on or under the Lands for the purchase price of One and no/100
Dollars ($1.00) (the "Option");
WHEREAS, the Option is exercisable by the City of Lubbock by tendering the
purchase price of One and no/100 Dollars ($1.00) to the owner any time within ninety
(90) days prior to December 31, 2001;
WHEREAS, the City of Lubbock now desires to exercise said Option; NOW
THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the City Council of the City of Lubbock hereby exercises
the Option and directs the City of Lubbock to take all actions necessary or advisable to
exercise said Option, and hereby delegates the authority to execute any and all
documents necessary to effectuate the exercise of said Option to Bob Cass, City
Manager of the City of Lubbock.
Passed by the City Council this 30th day of
ATTEST:
<Pj"- 1�9�
Rebecca Garza, City Secretary
August , 2001.
APPROVED AS TO CONTENT:
Water Utilities
APPRO4K—Casner
AS O FORM:
char
Natural Resources Attorney
RKC:cp Ccdocs/COL-WaterRightsLease.Res
August 20, 2001
Resolution No. 2001—RO325
EXHIBIT "A"
THE FOLLOWING DESCRIBED FOUR TRACTS ARE ALL SITUATED IN BAILEY
COUNTY, TEXAS, TO -WIT:
FIRST TRACT
A tract of land containing 156.8 acres, more or less, out of the Southwest part of Section
Number Twenty Five (25), Block Z, W. D. & F. W. Johnson's Subdivision, Bailey
County, Texas, as shown by Sylvan Sanders plat recorded in Vol. 64, Page 181, Deed
Records of Bailey County, Texas, and commonly referred to as the Southwest Quarter
(SW/4) of Section Number Twenty Five (25), Block Z, W. D. & F. W. Johnson's
Subdivision, Bailey County, Texas.
SECOND TRACT
A tract of land containing 162.9 acres, more or less, out of the Southeast part of Section
Number Forty (40), Block Z, W. D. & F. W. Johnson's Subdivision, Bailey County,
Texas, as shown by Sylvan Sanders plat recorded in Vol. 64, Page 181, Deed Records of
Bailey County, Texas, and commonly referred to as the Southeast Quarter (SE/4) of
Section Number Forth (40), Block Z, W. D. & F. W. Johnson's Subdivision, Bailey
County, Texas.
THIRD TRACT
A tract of land containing 169.11 acres, more or less, out of the southwest part of Section
Number Forty (40), Block Z, W. D. & F. W. Johnson's Subdivision, Bailey County,
Texas, as shown by Sylvan Sanders plat recorded in Vol. 64, Page 181, Deed Records of
Bailey County, Texas, and commonly referred to as the Southwest Quarter (SW/4) of
Section Number Forty (40) Block Z, W. D. & F. W. Johnson's Subdivision, Bailey
County, Texas.
FOURTH TRACT
A tract of land containing 175.3 acres, more or less, out of the Southeast part of Section
Number Forty One (41), Block Z, W. D. & F. W. Johnson's Subdivision, Bailey County,
Texas, as shown by Sylvan Sanders plat recorded in Vol. 64, Page 181, Deed Records of
Bailey County, Texas, and commonly referred to as the Southeast Quarter (SE/4) of
Section Number Forty One (41), Block Z, W. D. & F. W. Johnson's Subdivision, Bailey
County, Texas.