HomeMy WebLinkAboutResolution - 2005-R0066 - Contract Of Sale - Groundwater Rights - Frank Tidwell, Robert And Kay Lepard - 02/10/2005Resolution No. 2005-R0066
February 10, 2005
Item' No. 41
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 Contract of Sale for
Groundwater Rights by and between the City of Lubbock (as Buyer) and Frank Tidwell
and Robert Lepard and wife, Kay Lepard, (collectively, as Seller) regarding groundwater
rights in Bailey County, Texas. Said Contract of Sale 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 10th day of February 2005.
e. - � �IA—" �' /to - I ��' — - �
TOM MARTIN, MAYOR PRO TEM
ATTEST:
L
Re cca Garza, City Secretary
APPROVED AS TO CONTENT:
Ches Carthel, ater Planning Engineer
APPROVED AS TO FORM:
Richard K. Casner, First ssist-iin City Attorney
as/ccdocs/Res. COSLepard
February 1, 2005
esolutlonI Nxo. 2 ( l.O...
Febii, tratr`y.1�, 2665
Item No. -41
CONTRACT OF SALE
wit
GROUNDWATER RIGHTS
HIS Contract of Sale (the "Contract") is made and entered into this %D "*0 day
of o 2005 (the "Effective Date"), by and between Frank Tidwell
("Tidwell"), 315-A 50th Street, Lubbock, Texas, 79412, and Robert Lepard and wife,
Kay Lepard (collectively, "Lepard"), 121 W. Avenue B. Muleshoe, Texas 79347
(Tidwell and Lepard are collectively referred to herein as the "Seller"), and the City of
Lubbock, a Texas home -rule municipal corporation, P.O. Box 2000, Lubbock, Texas,
79457 (the "Buyer").
WHEREAS, Seller owns the surface estate and/or groundwater rights in, on and
under certain real property located in Bailey County, Texas, being described on Exhibit
"A", attached hereto and made a part hereof for all purposes (the "Land"); and
WHEREAS, Seller desires to sell to Buyer and Buyer desires to purchase from
Seller, the groundwater rights, subject to the reservation set forth herein, upon the terms
and conditions set forth herein. NOW, THEREFORE, for and in consideration of TEN
DOLLARS ($10.00) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Seller and Buyer agree as follows:
ARTICLE I
CONVEYANCE
1.01 Seller agrees to sell and convey to Buyer and Buyer agrees to purchase from
Seller, upon the following terms and conditions, the following property:
(a) All of the underground water, percolating water, artesian water and any
other water from any and all depths and reservoirs, formations, depths and
horizons beneath the surface of the Land, now or in the future located in,
on, or under the Land (the "Groundwater") and specifically including, but
not limited to, the right to capture, explore for, drill for, develop, maintain,
withdraw, produce, transport and/or otherwise beneficially use the
Groundwater and the right to utilize the surface of the Land for the
exercise of such rights, including rights of ingress and egress, over, across,
and under the Land.
(b) A blanket easement and right-of-way on, over, in, under, along, and across
the Land for the purposes of installing, constructing, inspecting, operating,
maintaining, repairing, removing, and replacing pipelines, electric
transmission and communication lines and conduits, communication
towers, pumps, monitor wells, water wells, well sites, water storage tanks,
water treatment facilities, pump station facilities, buildings, machinery,
Groundwater Rights Contract of Sale.Lepard
Page 1 of 17
equipment, personal property, roads, gates, erosion control structures, and
all other necessary and desirable appurtenances, facilities and structures
related thereto, as may be necessary or desirable in connection with the
exploration, monitoring, drilling, extraction, capturing, production,
transportation, storage and other utilization of the Groundwater on and
from the Land, together with the right of ingress and egress over, under,
upon and across the Land to engage in such activities as may be necessary,
requisite, convenient or appropriate in connection with the foregoing.
Any roads, pipelines (other than collection or gathering lines to and from
water wells) and electric lines utilized by Buyer in connection with the
rights granted herein shall be located as near a boundary line on the Land
as is reasonably practicable, as determined by Buyer in its discretion.
(c) Sanitary control easements for public water wells to be granted by Seller
or heirs, devisees, and assigns, as requested by Buyer from time to time
whenever well sites are identified by Buyer, in form as required by
applicable state and federal laws and regulations to provide sanitation
easements around each of Buyer's well sites on the Land.
This provision shall survive the closing of this transaction and the
execution and delivery of the conveyancing documents contemplated
hereby. In the event of a breach of this Section 1.01(c), Buyer may, at is
option, enforce this provision by any remedy available to it by law, equity,
contract or otherwise, including without limitation, specific performance
and injunctive relief.
(d) All permits, licenses or other governmental authorizations relating to the
rights described in paragraphs (a) and (b), above, including without
limitation, any permits issued by the High Plains Underground Water
Conservation District No. 1.
The items described in (a) through (d) of this Section 1.01 are collectively
referred to herein as the "Property".
1.02 There is hereby reserved unto Lepard, their heirs, devisees and assigns, the right
to use the water under the Land for normal and usual domestic purposes on the
Land, but excluding therefrom any right to utilize water for commercial uses of
any kind or type and/or the right to sell such water.
ARTICLE II
CONSIDERATION
2.01 The Purchase Price (herein so called) to be paid by Buyer to Seller, jointly, for the
sale and conveyance of the Property shall be Nine Thousand Nine Hundred
Eighty Seven and no/100 Dollars ($9,987). The Purchase Price shall be payable
Groundwater Rights Contract of Sale.Lepard
Page 2 of 17
by Buyer to Seller, jointly, in cash, cashier's check, or personal check, at close of
the transaction contemplated hereby (the "Closing").
2.02 Within ten (10) days following execution of this Contract by Seller and Buyer,
Buyer shall deliver to (i) Stewart Title of Lubbock (the "Title Company"), a
deposit in the amount of One Thousand Dollars ($1,000.00)(the "Earnest
Money"), which shall, if the transaction contemplated hereby shall close, be
applied to the Purchase Price, and if not, delivered as hereinafter provided; and
(ii) Seller, jointly, a check in the amount of One Hundred Dollars ($100.00),
which amount has been bargained for and agreed to as independent consideration
of this Contract, such independent consideration is in addition to and independent
of any other consideration or payment provided in this Contract, is non-
refundable, shall be retained by Seller, notwithstanding any other provision of this
Contract, and shall not be applied to the Purchase Price at Closing.
ARTICLE III
TITLE AND SURVEY
3.01 Within thirty (30) days after the Effective Date, Seller shall cause to be delivered
to Buyer, at Seller's expense, a Title Commitment ("Commitment"), together with
copies of all documents and plats ("Documents"), if any, which are shown on
Schedule B or Schedule C as exceptions to the Commitment, issued by Stewart
Title Guaranty Company (the "Underwriter"), showing Seller, and/or either of
them, as record title owner of the Groundwater and surface estate of the Land, and
the terms of which the Underwriter agrees to issue to Buyer at Closing an
Owner's Policy of Title Insurance (the "Title Policy"), in the amount of Purchase
Price, insuring Seller's, and/or either of them, fee simple title to the Groundwater
and further insuring the Easements.
3.02 Within thirty (30) days after the Effective Date, Seller, at Seller's sole cost and
expense, shall cause a Survey (herein so called) to be furnished to Buyer. The
Survey shall be a new Survey prepared by a registered surveyor ("Surveyor")
reasonably acceptable to Buyer; shall be currently dated; shall show the location
on the Land of all improvements, fences, easements (identified by recording
information), roads and rights-of-way; and shall contain a legal description of the
boundaries of the Land by metes and bounds. The Surveyor shall certify to Buyer
and to the Title Company that the Survey was made on the ground of the Land;
that the Survey is correct; that there are no visible discrepancies, conflicts,
encroachments, overlapping of improvements, fences, easements, roads or rights-
of-way except as shown on the Survey; and that the Survey is a true, correct and
accurate representation of the Land. The metes and bounds description of the
Land contained in the Survey and in the Title Policy shall be used for purposes of
j describing the Land in the General Warranty Deed conveying the Property from
Seller to Buyer.
Groundwater Rights Contract of Sale.Lepard
Page 3 of 17
3.03 On or before thirty (30) days after Buyer's receipt of the last of the Commitment,
Documents, and Survey, Buyer shall provide to Seller written notice of any
objections to the Commitment and Survey (the "Objections"). Notwithstanding
anything contrary herein, all items set forth in Schedule C of the Commitment
shall be satisfied by Seller at or prior to Closing. Seller shall cure the Objections
within twenty (20) days after Seller's receipt of Buyer's notice of the Objections.
In the event Seller is unable or unwilling to cure all Objections within said twenty
days, if said time period is not extended, Buyer may, at its election, either (a)
terminate this Contract in its entirety by giving Seller written notice and have the
Earnest Money returned to it; (b) extend the cure period an additional thirty (30)
days; or (c) waive any such uncured Objections and proceed to Closing.
3.04 At Closing, Seller, at Seller's sole cost and expense, shall cause the Title Policy to
be furnished to Buyer.
ARTICLE IV
REPRESENTATIONS, WARRANTIES AND COVENANTS
4.01 For purposes of inducing Buyer to enter into this Contract and consummate the
transaction contemplated hereby, each Seller represents and warrants to Buyer the
following, which shall be true and accurate as of the date of this Contract and as
of the date of Closing:
(a) other than Seller, there are no parties presently in possession of the
Land or the Groundwater or having any rights, of whatsoever kind or
character, to same;
(b) Seller has good and indefeasible fee simple title to the Land and
Groundwater, free and clear of any and all liens, leases, tenancies,
security interests, covenants, conditions, restrictions, rights of way,
easements, judgments, mineral interests and any other matter that may
affect title;
(c) the execution by Seller of this Contract and consummation of the
transactions contemplated hereby do not result in, and at Closing will
not result in, a breach of any term or provision of, or constitute a
default or condition which upon notice or lapse of time, or both, will
ripen into a default under any contract, deed of trust, security
agreement or any other obligation of which Seller, or either of them, is
a party, or to which Seller, or either of them, the Groundwater, or the
Land, or any portion thereof, is bound.
4.02 No Hazardous Substances, as defined below, are located on the Land, have been
released into the environment, or deposited, discharged, placed or disposed of, at,
on or under the Land. To the best of Seller's knowledge, no Hazardous
Substances are located on the property adjoining the Land. "Hazardous
Groundwater Rights Contract of Sale.Lepard
Page 4 of 17
Substances" shall mean, but not necessarily be limited to, any substance which is
or contains (i) any hazardous substances now or hereafter defined in Section
101(14) of the Comprehensive Environmental Response, Compensation and
Liability Act of 1980, as amended, (42 U.S.C. §9601, et seq), or any regulations
promulgated thereunder; (ii) any hazardous waste now or hereafter defined in the
Resource Conservation and Recovery Act, as amended (42 U.S.C. §6901, et seq,),
or any regulations promulgated thereunder; (iii) any substance regulated by the
Toxic Substances Control Act, as amended (15 U.S.C. §2601, et seq), or any
regulations promulgated thereunder; (iv) gasoline, diesel fuel, or any other
petroleum hydrocarbons; (v) polychlorinated biphenyls; (vi) any additional
substances or materials (whether solid, liquid or gas) which are classified, defined
or listed as pollutants, hazardous wastes, hazardous substances, hazardous
materials, extremely hazardous wastes, regulated substances, toxic substances, or
words of similar meaning or regulatory affect under the foregoing statutes or any
other present or future federal, state or local law, statute, ordinance, rule,
regulation and the like, or the common law or any applicable laws relating to the
Land.
All the representations and warranties set forth herein shall survive closing of the
transaction contemplated by this Contract.
ARTICLE V
DUE DELIGENCE
REVIEW PERIOD
5.01 Within fifteen (15) calendar days after the Effective Date, Seller, at Seller's sole
cost and expense, shall furnish to Buyer true and correct copies of the following
items (collectively, the "Review Documents") to the extent Seller is either in
possession of, or has the right to obtain, same:
(a) any and all engineering, soil, environmental, hydrological, geological
feasibility or similar studies, reports, maps or the like relating to the
Property or the Land;
(b) copies of all leases currently affecting the Property or the Land, including
any and all amendments, modifications and supplements thereto;
(c) copies of all agreements or documents relating to, or which may relate to
or affect, the Land or Property;
(d) copies of all surveys, plats and maps relating to all or any portion of the
Land; and
(e) copies of any title commitments or title policies relating to all or any
portion of the Property or the Land.
Groundwater Rights Contract of Sale.Lepard
Page 5 of 17
a„ s
5.02 At any time from and after the Effective Date, Buyer, its agents, employees,
contractors, consultants, and invitees shall have the right to enter upon the Land
and inspect, explore, test, and otherwise investigate the Land and Groundwater for
purposes of conducting feasibility studies, tests, inspections, and examinations
regarding the Land and the Groundwater deemed necessary or desirable by Buyer,
including but not limited to, surveys, well tests, drilling of tests wells,
hydrological studies, and transmission studies. All of such activities shall be at
Buyer's expense. Notwithstanding any term or provision of this Contract to the
contrary, should Buyer determine, in its sole and absolute discretion, that the
Groundwater is not suitable for Buyer's intended purposes or is not of the value as
presently contemplated, Buyer may terminate this Contract by giving written
notice of such termination to Seller on or before one hundred twenty (120) days
after the Effective Date (the "Review Period"). In the event that Buyer does not
receive the Title Commitment, Survey, or Documents within the time specified in
this Contract, the period of review described above shall be extended one (1) day
for each day any of said items are past due. In the event Buyer elects to terminate
this. Contract pursuant to this Section 5.02, this Contract shall be terminated, and
no party to this Contract shall thereafter have any further rights, liabilities or
obligations hereunder to the other. The provisions of this Section 5.02, and all
other provisions of this Contract allowing Seller to terminate upon the occurrence
of certain events, are cumulative and not in lieu of each other.
ARTICLE VI
CLOSING
6.01 Closing shall be held at the office of the Title Company (or such other location as,
may be mutually agreed upon by Seller and Buyer) on or before thirty (30) days
following the expiration of the Review Period.
6.02 (a) At Closing, Seller shall:
(i) cause the Title Policy to be issued to Buyer, subject only to the
exceptions permitted thereon by Buyer;
(ii) deliver full and exclusive possession of the Property, free and clear
of any and all unpermitted restrictions, conditions, easements,
liens, and other encumbrances;
(iii) execute and deliver such documents as may be reasonably required
by Buyer, Underwriter and/or Title Company;
(iv) deliver a General Warranty Deed ("Deed") in the form attached
hereto as Exhibit `B", and made a part hereof, conveying the
Property to Buyer.
(b) At Closing, Buyer shall deliver the purchase price to Seller, jointly.
(c) Current taxes and assessments upon the Property, if any, shall be prorated as
of Closing.
Groundwater Rights Contract of Sale.Lepard
Page 6of17
a , �
ARTICLE VII
EVENTS OF DEFAULTS / REMEDIES
7.01 Seller's Remedies upon Buyer's Defaults. In the event Buyer fails to comply with
any of the provisions of this Contract for any reason other than (i) termination of
this Contract by Buyer pursuant to a right to so terminate expressly set forth in
this Contract; or (ii) failure by Seller, or either of them, to perform hereunder,
Seller shall be entitled, as their sole and exclusive remedy, to terminate this
Contract and recover the Earnest Money as liquated damages in full satisfaction
of any and all claims they may have against Buyer hereunder.
7.02 Buyer's Remedies upon Seller's Defaults. In the event Seller fails to comply with
any of the provisions of this Contract for any reason other than (i) termination of
this Contract by Buyer pursuant to a right to so terminate expressly set forth in
this Contract; or (ii) failure by Buyer to perform hereunder, Buyer shall be
entitled to:
(i) terminate this Contract by giving Seller notice of such election
prior to Closing and receive back the Earnest Money;
(ii) enforce specific performance hereof; and
(iii) seek other relief as may be available to it by law or equity.
All of the remedies set forth in this Section 7.02 are cumulative and not exclusive
and may be exercised concurrently. The exercise of a remedy by Buyer hereunder
shall not, in any event, be deemed an election of remedies.
7.03 In the event any litigation arises out of this Contract between the parties hereto,
the non -prevailing party shall pay the prevailing party all reasonable attorneys'
fees, expenses, and costs expended or incurred in connection with such litigation.
ARTICLE VIII
MISCELLANEOUS
8.01 This Contract constitutes the entire agreement of the parties hereto regarding the
subject matter hereof and supercedes any and all prior agreements and
understandings of the parties hereto, whether oral or written. This Contract can
be amended or modified only by a duly authorized written agreement executed by
Seller and Buyer.
8.02 This Contract, and the terms, covenants and conditions herein contained, shall be
covenants running with the land and inure to the benefit of and be binding upon
the heirs, devisees, successors and assigns of each of the parties hereto.
8.03 Any notice required, provided for or permitted by this Contract must be in
writing. Notice may, unless otherwise provided herein, be given or served by
depositing same in United States mail, postage prepaid, registered or certified, and
Groundwater Rights Contract of Sale.Lepard
Page 7 of 17
addressed to the party to be notified, with a return receipt requested, by hand
delivering same to such party or by sending a facsimile transmission. Notice
deposited in the United States mail in the manner herein above described shall be
effective upon such deposit. Notice given in any other manner shall be effective
only if and when received by the party to be notified. For the purposes of notice,
the addresses of the parties shall, until changes hereinafter are provided, be as
follows:
Seller:
Frank Tidwell
2315-A 50' Street
Lubbock, Texas 79412
Facsimile :
Robert Lepard and wife, Kay Lepard
121 W. Avenue B.
Muleshoe, Texas 79347
Facsimile:
Buyer:
City of Lubbock
Attn: Ches Carthel, Water Planning Engineer
P 0 Box 2000
Lubbock, Texas 79457
Facsimile: 806-775-2051
with copy to:
Richard K. Casner, First Assistant City Attorney
P 0 BOX 2000
Lubbock, Texas79457
Facsimile: 806-775-3307
The parties hereto shall have the right from time to time to change their respective
addresses, by providing at least five (5) days written notice to the other party as
provided herein.
8.04 In case any one or more of the provisions contained in this Contract shall for any
reason be held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provision hereof
and this Contract shall be construed as if such invalid, illegal or unenforceable
provision had never been contained herein.
Groundwater Rights Contract of Sale.Lepard
Page 8 of 17
8.05 All references to the exhibits contained herein are references to exhibits attached
hereto all of which are made a part hereof. It is expressly understood that if any
exhibit attached hereto which is to be executed and delivered at Closing contains
blanks, the same should be completed correctly and in accordance with the terms
and provisions contained herein and as contemplated hereby prior to or at the time
of execution and delivery thereof.
8.06 All representations and warranties made in this Contract by Seller shall be
continuing and shall be true and correct on and as of the date of Closing with the
same force and effect as if made at that time. Seller agrees, jointly and separately,
to indemnify, defend and hold Buyer harmless from and against any loss, cost,
liability, claim, fine, judgment or expense, including without limitation, attorneys'
fees and court costs, arising out of any breach of Seller's representations and
warranties made in this Contract. All of the representations and warranties made
by Seller in this Contract and the indemnity contained in this Section 8.06 shall
survive the Closing.
IN WITNESS WHEREOF, this Contract has been duly executed by the parties
hereto as of the Effective Date.
Fr Ti(1w61I
and wife, -Y\A V Ir 43 An k
Robe epard and wife, Kay Lepard
CITY OF LUBBOCK
TOM MARTIN, MAYOR PRO TEM
ATTEST:
s
R ecca Garza, City Secretary
Groundwater Rights Contract of Sale.Lepard
Page 9 of 17
APPROVED AS TO CONTENT:
/ I,/ / /---7 -,00- .
Ches Carthel, Water Planning Engineer
APPROVED AS TO FORM:
Richard Casner, First Assistant City Attorney
Richard/Lepard.Contract of Sale
November 11, 2004
Groundwater Rights Contract of Sale.Lepard
Page 10 of 17
EXHIBIT "A"
To
Contract of Sale
For
Groundwater Rights
LEGAL DESCRIPTION of a 45.83 acre tract of land out of Survey 5, League 205, Garza County
School Land, Bailey County, Texas described by metes and bounds as follows:
BEGINNING at a 2 inch iron pipe found for the Southwest corner of Survey 5 and the Southwest
corner of this tract;
THEN N 02°55'44" E along the West line of Survey 5 a distance of 2953.51 feet to a point for the
Northwest corner of this tract;
THEN S 86°53'46" E a distance of 701.50 feet to a point in an East line of Survey 5 for the
Northeast corner of this tract;
THEN S 03°52'24" W a distance of 2942.92 feet to a 1 1/4 inch iron pipe found for the
Southernmost Southeast corner of Survey and the Southeast corner of this tract;
THEN N 87°50'49" W a distance of 653.05 feet to the POINT OF BEGINNING.
Groundwater Rights Contract of Sale.Lepard
Page I 1 of 17
EXHIBIT "B"
to
Contract of Sale
For
Groundwater Rights
STATE OF TEXAS §
COUNTY OF BAILEY §
GENERAL WARRANTY WATER DEED
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, pursuant to Warranty Deed With Vendors Lien, dated on or about
August 15, 2003, Frank Tidwell conveyed to Robert Lepard and wife, Kay Lepard
("Lepard"), reserving all of the water rights therein, a certain two hundred (200) acre tract
of land, called Tract 13 therein, out of Section 56, Block Y, Survey 5, League 205, Garza
County School Land and Tract 4 of Survey 2, League 205, Walker County School Land,
John DePauw Land, Bailey County, Texas, according to the map, plat and/or dedication
deed thereof recorded in Volume 63, Page 243, Deed Records of Bailey County, Texas
("Tract 13"), being more particularly described therein;
WHEREAS, that certain 45.83 acre tract of land, more or less, is comprised of a
portion of the lands contained in Tract 13, and is particularly described in Exhibit "A",
attached hereto (the "Land");
WHEREAS, Frank Tidwell and Robert Lepard and wife, Kay Lepard now desire
to convey to the City of Lubbock, Texas, a Texas home rule municipal corporation, all of
the underground water, percolating water, artesian water and any other water from any
Groundwater Rights Contract of Sale.Lepard
Page 12 of 17
,
and all depths and reservoirs, formations, depths and horizons beneath the surface of the
Land, a blanket easement and right-of-way on, over, in, under, along and across the Land
for purposes set forth below, and other certain rights and interests as provided below:
NOW, THEREFORE, Frank Tidwell, not joined by his wife for the reason that
the property conveyed herein is not homestead, has never been part of his homestead, nor
intended to be homestead, and Robert Lepard and wife, Kay Lepard (herein collectively
called "Seller"), for and in consideration of sum of Ten and No Hundred Dollars ($10.00)
and other good and valuable consideration to Seller in hand paid by the City of Lubbock,
a Texas home -rule municipal corporation (herein called "Buyer"), P.O. Box 2000,
Lubbock, Texas, 79457, the receipt and sufficiency of which is hereby acknowledged and
confessed, has GRANTED, SOLD, AND CONVEYED, and by these presents does
GRANT, SELL, AND CONVEY, unto Buyer:
(a) all of the underground water, percolating water, artesian
water, and any other water from any and all depths and reservoirs,
formations, depths and horizons beneath the surface of the Land,
now or in the future located in, on, or under the Land (the
"Groundwater") and specifically including, but not limited to, the
right to capture, explore for, drill for, develop, maintain, withdraw,
produce, transport and/or beneficially use the Groundwater and
the right to utilize the surface of the Land for the exercise of such
rights, including rights of ingress and egress over, across, and
under the Land;
Groundwater Rights Contract of Sale-Lepard
Page 13 of 17
—. *.
(b) a blanket easement and right-of-way on, over, in, under,
along, and across the Land for the purposes of installing,
constructing, inspecting, operating, maintaining, repairing,
removing, and replacing pipelines, electric transmission and
communication lines and conduits, communication towers, pumps,
monitor wells, water wells, well sites, water storage tanks, water
treatment facilities, pump station facilities, buildings, machinery,
equipment, personal property, roads, gates, erosion control
structures, and all other necessary and desirable appurtenances,
facilities, and structures related thereto, as may be necessary or
desirable in connection with the exploration, monitoring, drilling,
extraction, capturing, production, transportation, storage and other
utilization of the Groundwater on and from the Land, together with
the right of ingress and egress over, under, upon and across the
Land to engage in such activities as may be necessary, requisite,
convenient or appropriate in connection with the foregoing; and
(c) all permits, licenses, or other governmental authorizations
relating to the rights described in paragraphs (a) and (b), above,
including without limitation, any permits issued by the High Plains
Underground Water Conservation District No. 1.
(All the above described property, property rights and property interests are herein
collectively referred as the "Property").
Groundwater Rights Contract of Sale.Lepard
Page 14 of 17
Seller further covenants and bind themselves, their heirs, devisees and assigns, to
convey to Buyer sanitary control easements for public water wells, as requested by
Buyer, from time to time, whenever well sites are identified by Buyer, in form as required
by applicable state and federal laws and regulations, to provide sanitation easements
around each of Buyer's well sites on the Land. This covenant shall be deemed for all
purposes as a covenant running with the land.
Buyer shall, in exercising its rights granted herein, locate any roads, pipelines
(other than collection or gathering lines to and from water wells) and electric lines as near
a boundary line on the Land as is reasonably practicable, as determined by Buyer in its
discretion.
There is hereby reserved unto Lepard, their heirs, devisees, and assigns, the right
to use the water under the Land for normal and usual domestic purposes on the Land, but
excluding therefrom the right to utilize water for commercial uses of any kind or type
and/or the right to sell such water.
TO HAVE AND TO HOLD the Property, together with all and singular the rights
and appurtances thereto in anywise belonging unto Buyer and Buyer's successors and
assigns forever, and Seller does hereby bind Seller's heirs, devisees, successors and
assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto
Buyer and Buyer's successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof.
Groundwater Rights Contract of Sale.Lepard
Page 15 of 17
IN WITNESS WHEREOF, executed this J*I day of 1_r'04W'W '2005.
SELLER: FRANK TIDWELL SELLER:
P.
Frank Tidwell
LEPARD AND WIFE,
STATE OF TEXAS §
COUNTY OF�iJ_&Of §
This instrument was acknowledged before me on this % day of. D , 2005,
by((, Frank Tidwell.
JUDY DAVENPORT
x..;:
Notary Public, State of Texas
sfell
My Commission Expires
August 16. 2007
STATE OF TEXAS §
COUNTY OF,&*/4fy_ §
Qu&" �ag�
N blic, State of Texas
My commission expires: "9- 1(, ;,o o-1
14
This instrument was acknowledged before me on this oda of �"'6
g , 2005,
� Y
by Robert Lepard.
JUDY DAVENPORT
Notary Public, State of Ta
i,�,. My Commission Expiry
j �syipfiE:r August 16, 200?
P4 A A ULA
No Public-, State of Texas
My commission expires: A Q'7
STATE OF TEXAS §
COUNTY OF _� 4--� §
This instrument was acknowledged before me on this ` 1z day of , 2005,
by Kay Lepard.
.o`aIIP, JUDY DAVENPORT
t .* ,. Not P lic, State of Texas
Notary Public, State
Texas
My Commission xpi M commission expires: $-1 •07
August 16, 2007 Y p —�
Groundwater Rights Contract of Sale.Lepard
Page 16 of 17
x..;:
sfell
P4 A A ULA
No Public-, State of Texas
My commission expires: A Q'7
STATE OF TEXAS §
COUNTY OF _� 4--� §
This instrument was acknowledged before me on this ` 1z day of , 2005,
by Kay Lepard.
.o`aIIP, JUDY DAVENPORT
t .* ,. Not P lic, State of Texas
Notary Public, State
Texas
My Commission xpi M commission expires: $-1 •07
August 16, 2007 Y p —�
Groundwater Rights Contract of Sale.Lepard
Page 16 of 17
6
EXHIBIT "A"
TO
GENERAL WARRANTY WATER DEED
LEGAL DESCRIPTION of a 45.83 acre tract of land out of Survey 5, League 205, Garza. County
School Land, Bailey County, Texas described by metes and bounds as follows:
BEGINNING at a 2 inch iron pipe found for the Southwest corner of Survey 5 and the Southwest
corner of this tract;
THEN N 02°55'44" E along the West line of Survey 5 a distance of 2953.51 feet to a point for the
Northwest corner of this tract;
THEN S 86°53'46" E a distance of 701.50 feet to a point in an East line of Survey 5 for the
Northeast corner of this tract;
THEN S 03°52'24" W a distance of 2942.92 feet to a 1 '/4 inch iron pipe found for the
Southernmost Southeast corner of Survey and the Southeast corner of this tract;
THEN N 87050'49" W a distance of 653.05 feet to the POINT OF BEGINNING.
Groundwater Rights Contract of Salelepard
Page 17 of 17