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Home My WebLink AboutResolution - 2001-R0152 - Bill Of Sale - Brazos River Authority - 04/26/2001Resolution N0. 2001-R 0152 April 26, 2001 Item No. 30a 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 an Assignment and Bill of Sale between the City of Lubbock and Brazos River Authority, and any other related documents. Said Assignment is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 26th day of April „ 2,q01. ALEX "TY" COOKE(,MA"YOR PRO TEM ATTEST: PJ,- L,,' Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Terry Eller rook Managing Director Water Utilities APPROVED AS RM: Richard K. Casner Natural Resources Attorney RKC:cp CcdocsBRA-Assignment-Fields.Res April 20, 2001 Resolution No. 2001-RO152 April 26, 2001 Item No. 301 Assignment and Bill of Sale KNOW ALL MEN BY THESE PRESENTS that: BRAZOS RIVER AUTHORITY, hereinafter referred to as '*Authority", for the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby sell, convey, assign and transfer without warranties or covenants of title, either express or implied, unto CITY OF LUBBOCK, Lubbock County, P.O. Box 2000, Lubbock, Texas 79457, hereinafter referred to as "City", all of Authority's right, title and interest in and to the properties and interests in properties assigned and sold to it under the provisions of "Assignment and Bill of Sale" executed by it and Bert Fields, Jr., hereinafter referred to as "Fields", having an effective date of 5:00 p.m. March 29, 2001, covering the real and personal property described O below and listed on Exhibit "A", attached. Such properties and interests in property are Ln f4 hereinafter referred to as"Subject Property". Such Assignment and Bill of Sale is hereinafter referred to as the "Fields Assignment". This sale, conveyance, assignment and transfer is subject to the following terms and conditions: Except as provided herein, Authority assigns and sells to the City of Lubbock only such rights and interests in and to the Subject Property as were assigned and sold to it by Fields in Fields Assignment. 2. This Assignment covers and includes all oil in tanks on the Subject Property as of the effective date of this Assigmlent. 3. This Assignment is subject to all reservations and limitations on the rights and interests conveyed in Subject Property which are provided in Fields Assignment. BOOK 254 PnE1303 4. City assumes all of the obligations imposed upon or undertaken by the Authority in Fields Assignment. 5. City agrees to indemnify and hold Authority harmless to the extent permitted by law from and against all claims, demands and causes of action and all expenses and costs reasonably incurred by Authority, including attorney's fees and fines and penalties, wholly or partly resulting from its execution of the Fields Assignment, its acceptance of the provisions thereof, or of its temporary ownership of Subject Property. TO HAVE AND TO HOLD unto City, its successors and assigns forever the Subject Property and all rights and interests owned by Authority pertaining thereto. This Assignment is made without any warranty from Authority of any kind, express or implied. O IN WITNESS WHEREOF, this instrument is effective as of March 29, 2001, at V7 5:01 p.m., local time, where the Subject Property is located. �& BRAZOS RIVER AUTHORITY By: —,v Phillip F rd General Manager May 11, 2001 74-6026892 Date Tax Identification Number "Authority" Booz 254 PnE1304 AGREED AND ACCEPTED BY: CITY OF LUBBOCK C ATTEST:' Rebecca,Garc/, City Secretary, ; APPROVED AS TO CONTENT: { Terry Eller ok Managing Director of Water Utilities APPROVED AS TO FORM: le 1149 Richard K. Casner Natural Resources Attorney ALEX "TY" COCA, MAYOR PRO TEM April 26, 2001 Date 75-6000590 Tax Identification Number "City" 000K 254 PAGE 13 0 5 THE STATE OF TEXAS COUNTY OF MCLENNAN BEFORE ME on this day personally appeared PHILLIP FORI), known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. '1 GIVEN UNDER MY IIAND AND SEAL OF FFICE this the day of �T tt4RVOAA4R 040pq�®1 UTH ANNEmoiIIXv Notary Public 4 TATE OF TEXAS a Lam' MY Commission ��.�. y /�c /�(� 6//002/y � Notary Public in and for the Sta e of Texas Expires 04/0 4 aaaaaaaaaa�att�p�gaM#S�86hhge.s.eeuar� THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, -1-n Wali no -9 , on this day personally appeared ALEX "TY" COOKE, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the C3 purposes and consideration therein expressed, and in the capacity therein stated. �h v=. j'A GIVEN UNDER MY IAND AND SEAL OF OFFICE this the day of 1 2001. TAWA N1Ai9NAK NMY pubKSmaofTem Notary P61ic in Jnd for the State of Texas RKC:cp L:`%Citya \Ri I RA- j*tWg#0WEVkW April 19,2001 D609 BER 9,2= BOOK 254 PAGE1306 Resolution No. 2001-RO152 Exhibit "A •' All ofA.ssianor's right, title and interests in any oil, gas or other minerals in anti to (i) the Northwest Quarter of Section 138, Block 5. H. &G.N Ry. Co. Survey, Abstract !Vo. 83 -/. Garza County, Texas; and (ii) the !Northeast Quarter of the Southwest Quarter and the West One-hcdf*of the Southwest Quarter of Section 137, Block 5. H&G.!V Ry. Co. S'ur'vey. Abstract 91, Gar:a County. Texcls. including Without limitation, all ri,Tht, title and interest in and to the below described Oil. Gas andlor !l�lineral Leases, insafcir as said leases cover the above-described lands: Oil, Gas and Mineral Lease, dated April 17, 1943 from JC. Dorward and wife, Hattie Dorward, Lessors, to Ira L. Duckworth, Lessee, recorded in Volume 6, Page 158, Oil and Gas Records, Garza County, Texas, covering the lands more particularly described therein. Oil, Gas and Mineral Lease, dated November 20, 1947, fi•om C. Koen and wife, Thressia Koen, Lessors, to Humble Oil and Refinin`a Company, Lessee, recorded in Volume I1, Page 471, Oil and Gas Records, Garza County, Texas, covering the lands more particularly described therein. Oil, Gas and !Mineral Lease, dated November 24, 1947.,from Gertrude Stevens, Alton A. O .Stevens. Elton V. Stevens and Raymon B. Stevens, Lessors, to Humble Oil anti Refining Company, Lessee, recorded in Volume 11, Page 487, Oil and Gas Records, Garza �P County, Texas, covering the lands more particularly described therein. W Oil, Gas and Allineral Lease, dated July 11, 19-1, from J.C. Dorward and wife. Hattie Dorward.. Lessors, to Sun Oil Company (a New Jersev corporation), Lessee, recorded in Volume S, Page 61. Oil and Gas Records, Gar•ra County, Texas. covering the lands more particularly described therein. BOOK 254 PAGE1307 Resolution No. 2001-RO152 April 26, 2001 Item No. 304 Exhibit "A " Part 11 Well and Equipment Listing: Railroad Commission Lease Lease No. Well No, J. C. Dorward 01173 1 J.C. Dorward 01175 2 J. C. Dorward 0117.1 J. C. Dorward 01175 .1 J C:'. Dorward 01175 5 .1. C. Dortivard 0.1175 7 J. C. Dorward 01175 8 J. C. Dorward "B " 60016 1 J C'. Dorward "B " 60016 J.C. Dorward -B" 60016 3 All Tank Batteries and other storage facilities, flow lines and gathering lines, pumping and lifting equipment and all utilities connections, poles, lines and other infrastructure, 0 related to the above-described Wells and/or Leases. FILED FOR RECORD FILED FOR RECORD 1 day ofj��2001 --jL— day of ._ 2001 at ;50 o'clock k— M. at—A-15 o'clock - M. COUN CL ER , GARZA OUNTY, "TEXAS COUNV CLERK, ARZA CO NTY, TEXAS 13 --- Deputy By � Deputy BOOK 254 PAGE 13 0 8 State of Texas County of Garza l hereby certify that this instrument was filed and time stamped hereon by me and was duly reco,ded in the volume and page of the named records of Garza County, Texas as stamped hereon by me. Recarde A�bGOUry`jVol. Page Records Jerry Hays CoLEnty -District Clerk =Q" arz;� State of Texas Couny of Garza I hereby certify that this instrument was filed and time stamped hereon by me and was duly reco!ded in the named records of Garza the volume and page of County, Texas as stamped hereon t me. „ �couHTY4, Rcc�rde'' Vol. Page Records ;... }� `s9�; Jerry Hays County District Clerk a exas o;u�,`�° Deputy