HomeMy WebLinkAboutResolution - 2122 - Agreement - Snodgrass Farm - Water Rights Purchase - 08/22/1985Resolution #2122
August 22, 1985
Agenda Item #31
DGV:cl
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 Sales
Contract and related documents for the purchase of water rights on the
Snodgrass farm, 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 22nd de
1,ATTEST:
Ranett6..,.Boyd, City Secretary
APPRO ED AS TO TE T:
` Y /
ahl,`Dire for of Water Utilities
APPROVED AS TO FORM:
i
Vandiver, Assistant City Attorney
FILE NO. 1487 �G
STATE OF TEXAS I 0"i Ell V E D
COUNTY OF BAILEY )
P 3 8 1985
KNOW ALL MEN BY THESE PRESENTS:
A... ,et.
That we, Thelma Snodgrass, a widow, Michael R. Snodgrass, a
single man, and Roy H. Snodgrass and Tommie Lea Snodgrass,
husband and wife, for and in consideration of the sum of One
Dollar, cash and other valuable consideration, to us in hand paid
by the CITY OF LUBBOCK, a municipal corporation of Lubbock
County, Texas, HAVE GRANTED, SOLD AND CONVEYED, and by these
presents do Grant, Sell and Convey unto the said CITY OF LUBBOCK,
a municipal corporation of Lubbock County, Texas, all of the
percolating and underground water in, under, and that may be
produced from the hereinafter described tract(s) of land,
situated in Bailey County, Texas, together with the exclusive
right to take such water from said tract(s) of land and to use
the same for disposition to cities and towns situated in Bailey,
Hockley, Lamb and Lubbock counties, Texas, together with the full
and exclusive rights of ingress and egress in, over, and on said
lands, so that the Grantee of said water rights may at any time
and location drill water wells and test wells on said lands for
the purpose of investigating, exploring, producing, and getting
access to percolating and underground water; together with the yy
power
rights to string, lay, construct, and maintain water pipelines,/lines
communication lines, air vents, and observation wells; to take
title to and operate existing wells and pipelines situated on
said property; to construct and maintain access roads on and over
said lands necessary or incidental to any of said operations,
together with the rights to erect necessary housing for wells,
equipment and supplies, together with perpetual easements for all
such purposes, together with the rights to use all that part of
said lands necessary or incidental to the taking of percolating
and underground water and the production, treating and
transmission of water therefrom and delivery of said water to the
water system of the CITY OF LUBBOCK; subject to the rights
reserved by Thelma Snodgrass, a widow, Michael R. Snodgrass, a
single man, and Roy H. Snodgrass and Tommie Lea Snodgrass,
husband and wife, their heirs and assigns, to such quantities of
water as may be required to carry on usual and normal domestic
ranching operations and undertakings upon said lands, excluding
irrigation and commercial livestock feeding, and subject further
to limitation to roadways not more than 12' in width passing
over the property in the most direct route possible to achieve
access. When a roadway has been established to serve a well, no
additional road may be used to serve that well. Pipes will be
buried beneath plow depth. Furthermore, it is agreed that
right-of-way and damages for the construction of and operation of
the above enumerated installations and facilities are included in
the consideration to be paid for the water rights.
The owners of petroleum and other mineral leases on said
property shall be allowed to use water for drilling and
exploration for oil, gas and other minerals from their own
wells; however, no percolating or underground water from said
lands may be used for the enhancement of the production of oil,
gas and other minerals in the ares U e said land is located.
r �I E
lee- 17 -NA
SEP 3 0 1985
gyral L55PG
it is understood that, for the purpose of this deed, water and
minerals in water shall never be construed as minerals.
The tracts of land containing water rights herein conveyed
are:
All of Section 17, State Capitol Lands, Block Y, consisting
of 765.6 acres more or less.
The west half of Section 36, State Capitol Lands, Block Y,
consisting of 384 acres more or less.
A tract of land being the southeast part of Section 8,
State Capitol Lands, Block Y, consisting of 140 acres more or
less:
All of that certain 140 acre tract of land out of
the Southeast part of SECTION 8, BLOCK Y, W.D. & F.W.
JOHNSON SUBDIVISION NO. 2 in Bailey County, Texas,
and being more particularly described by metes and
and bounds as follows, to -wit:
BEGINNING at an iron pipe set in the South line of
Section No. 8, Block Y, W.D. & F.W. Johnson's No. 2
Bailey County, Texas, from whence the Southwest corner
of said Section No. 8 bears North 89 02' 20" West a
distance of 2970 feet and the Southeast corner of
said Section No. 8 bears South 89 02' 20" East a
distance of 2310 feet;
THENCE North 0 40' 40" East a distance of 2640 feet
to an iron pipe set for the Northwest corner of this
tract;
THENCE South 89 02' 20" East a distance of 2310 feet
to an iron pipe set for the Northeast corner of this
tract;
THENCE South 0 40' 40" West a distance of 2640 feet
to an iron pipe set for the Southeast corner of this
said Section No. 8 and the Southeast corner of this
tract;
THENCE North 89 02' 20" West along the South line of
said Section No. 8, a distance of 2310 feet to the
place of beginning, and the Southwest corner of this
tract and containing 140 acres of land.'
e ,.� I
SEE' 3 4 1985
Acc . ept.
Total area is 1289.6 acres more or less.
It is understood that the CITY OF LUBBOCK may also cross
the property herein described with pipelines, power lines,
roads, and appurtenances necessary to transport water from other
properties
not included in this deed without additional payment
for easements.
In accepting and recording this deed, the CITY OF LUBBOCK,
its successors and assigns, covenants and agrees, within a
reasonable time after conducting any operations on said land, to
remove therefrom any trash, debris and other material or objects
deposited on said land by actions or operations of the CITY OF
LUBBOCK, its agents and employees, which clutter up or detract
from the usefulness of said lands to the owners thereof.
Where the CITY OF LUBBOCK, its successors and assigns, construct
new roads through an inside or an outside fence, the CITY OF
LUBBOCK shall install and maintain in such openings, gates of
durable construction. It is understood that locking gates on the
outside fences shall not affect the right of entry, ingress or
egress of authorized officers, employees, and contractors of the
CITY OF LUBBOCK pertaining to the full enjoyment of water rights
herein conveyed.
It is expressly understood and agreed that no city water
well shall be drilled by the CITY OF LUBBOCK, its successors or
assigns, within one-fourth (1/4) mile of any of the presently
existing windmill, domestic or livestock wells, the locations of
which are described in Exhibit B, which is attached hereto
R I
VOW G
5 L p 3 8 1985
Acd. DeHt.
11:1' `..-.- I -W
and made a part hereof.
It being the intention of this deed to grant, sell and
convey unto the CITY OF LUBBOCK, its successors and assigns, the
percolating and underground water in and under and that may be
produced from the tract(s) of land hereinabove described, with
the rights incident thereto and this deed is being made and
delivered by the Grantors and accepted by the Grantee with the
distinct understanding that this conveyance does not cover the
surface of said property nor any interest in and to anyof the
oil, gas or other minerals in and under or that may be produced
from the said land, and the same is excepted from this
conveyance, and the Grantors reserve unto themselves, their
heirs and assigns, all of the surface and surface rights, not
expressly conveyed, and all of the oil, gas and other minerals
in and under and that may be produced from the herein conveyed
property, which have not been heretofore conveyed or reserved.
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 CITY OF LUBBOCK, a municipal
corporation of Lubbock County, Texas, its successors and assigns
forever; and we do hereby bind ourselves, our heirs, executors
and administrators, to Warrant and Forever Defend all and
singular the said premises unto the said CITY OF LUBBOCK, a
municipal corporation of Lubbock County, Texas, its successors
and assigns against every person whomsoever lawfully claiming,
or to claim the same or any part thereof.
Witness our hands this A=„x.V14—�cr tuber, 1985.
SEP 3 8 1985
E
STATE OF NEW MEXICO )
SS.
COUNTY OF CURRY )
BEFORE ME, the undersigned, a Notary Public in and for said
County, New Mexico,
on this day
personally appeared Thelma
Snodgrass,
Roy
H. Snodgrass and Tommie Lea
Snodgrass, known to
me to be the
persons whose names are
subscribed to the foregoing instrument,
and acknowledged to me
that they executed the
same for the
purposes and consideration
therein expressed and in
the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF
OFFICE, this day of
1985.
Notar*co
in a for Curry County,
New M
p S E�AOL , o
-•Com{ssion Expires:
07 rat+
ot. 6 (; JdSrri
P 3 0 1985
Acct. et.
STATE OF NEW MEXICO )
SS.
THE COUNTY OF CURRY )
BEFORE ME, the undersigned, a Notary Public in and for said
County, New Mexico, on this day personally appeared Michael R. Snodgrass,
known to me to be the persons whose names are 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this Z& day of September,
1985.
°M, Cc `s;' *di -,`Expires:
"il tc
N6tary Public in and or Curry County,
New Mexico
� r
n
� N 3 0 1985
'®a
Four (4) domestic and livestock
wells in existence on September
24, 1985, approximately located
as indicated by "x" marked
hereon.
I
CO
mMI�
�
d
lu
Q
CZ}�
0Z
z
RECEIVE
J`P 3 0 1985
CCt.Dept.
sr H
:d N
O H
n x
H U1
F3
� ¢
0 04
rn m m ti O 1-1 D7 LTJ
acs � C� Pi U] d
OFi-
�
N 0
cl
a N
0
n
Pi
STATE 4E TEXAS
COUNTY OF BAILEY
M Camis h
Clerk.of the County Court in and for said County,
do hereby certify that the foregoing instrument was filed for Record in my
office on the _. 24th_.__ day of ........ segtenwer.......... A. D. 199-....., at
3.
05.... o•c!ock .P..._M., and Recorded on the 25Lhday of September___
A.D. 19.85.., in ..... Deed_..... Records of.-Bailey County, Vol.
p3h3.7.32-39 '
V-11TNESS MY HAND SEAL 'at. my. office In.. Plluleshos Texas, the day, and
year last above written.
„ry
BARBARA McCAMISH
Clerk of County Court, Bailey County, Texas.
�1` `B, -lieu NC'-_. Ceputy.
>
� f
WATER RIGHTS PURCHASE AGREEMENT
STATE OF TEXAS §
COUNTY OF BAILEY §
KNOW ALL MEN BY THESE PRESENTS:
That we, Thelma Snodgrass, a widow, Roy H. Snodgrass and
Tommie Lea Snodgrass, husband and wife, hereinafter called
Owners, and the City of Lubbock, known herein as City, do hereby
enter into the following water rights sales agreement.
WITNESSETH:
WHEREAS, the Owners possess title to and own certain
property situated in Bailey County, Texas; and
WHEREAS, the Owners desire to sell water rights to said
property, hereinafter described in Exhibit A, to the City; and
WHEREAS, the City desires to purchase these same water
rights from the Owners;
NOW THEREFORE in consideration of the premises, the coven-
ants and agreements herein contained and other valuable consider-
ation, the City and the Owners do hereby enter into the following
Articles of Agreement.
ARTICLE I
1. Payment: The City hereby agrees to purchase the water
rights appurtenant to the lands described in attached Exhibit A,
and to pay a total sum calculated on the basis of Three Hundred
Dollars ($300.00) per acre for the water rights and said payment
shall be made in two installments, the first in the amount of
$232,000.00 on approval of title, it being understood that such
funds shall be used to pay existing liens and contract obliga-
tions, and the balance on January 5, 1986; deferred payment of
the balance will be secured by placing sufficient funds in escrow
in an interest bearing account at a financial institution agreed
upon by the parties hereto.
2. Title: The Owners hereby agree to furnish abstract of
title showing valid marketable title to the water rights as
described in Exhibit A. The City shall have a period of 30 days
in which to have the abstract examined and to notify Owners in
writing of any title defects; Owners will promptly take all
necessary corrective action and the transaction will be closed as
soon as reasonably possible thereafter. The abstracts will be
returned to owners upon approval of title. In the event the City
desires title insurance, the City will pay the cost therein.
3. Access to Property: The City shall have the right of
ingress and egress over and across the surface of the lands
described in attached Exhibit A for the purposes of performing
all exploration, construction, and development of facilities for
the withdrawal of underground water from the water rights subject
of this agreement.
4. Deed: Owners agree to convey by warranty deed, a copy
of which is attached hereto as Exhibit 8; and the provisions of
the deed are incorporated into this agreement.
- 2 -
ARTICLE II
1. "Water Rights" as used in this agreement means all of
the percolating and underground water in and under and that may
be produced from the tracts of land listed and described in
attached Exhibit A, together with the exclusive right to take
said water from such tracts of land, except that the Owners
except and reserve the right to use only so much of the water in,
under and upon the premises herein described in attached Exhibit
A as may be reasonably necessary to drill for oil and gas, and it
is further understood that water from these lands may not be used
for the enhancement of the production of any petroleum or gas and
other minerals, and furthermore: the Owners except and reserve
the right to use so much of the water in, under and upon the
premises herein described in Exhibit A as is necessary for the
purpose of normal farming and ranching operations and domestic
use, but not for irrigation for farming and grazing purposes, and
not for feed lot use.
2. "Surface Rights" as used in this agreement is under-
stood to mean the use and enjoyment of all the surface of the
said property not specifically involved in the production and
transportation of underground water by the City as described in
the attached Exhibit B.
3. "Mineral Rights" for the purpose of this agreement
shall include the rights to all minerals in, on, or under the
surface with the exception of percolating and underground water.
- 3 -
Water, for the purpose of this Agreement, shall not be considered
a mineral.
WITNESS our hands this -� A lvk day of August, 1985.
OWNERS:
- 4 -
STATE OF TEXAS §
§ SS.
COUNTY OF LUBBOCK §
Alan Henry, Mayor of Lubbock, being first duly sworn, says:
That he is the Mayor of the City of Lubbock, Lubbock, Texas,
named in the above and foregoing action; that as such he is
authorized to make this verification; that he has read said
instrument and knows the contents thereof; and that the matters
and facts therein contained are true and correct so he verily
believes.
MAYOW OF THE°17ITY fit LUBBOCK,
LUBBOCK, TEXAS
SUBSCRIBED AND SWORN to before me this day of
August, 1985.
r
t
Notary Public
(S E A L)
- 5 -
My Commission Expires:
STATE OF NEW MEXICO §
§ SS.
COUNTY OF CURRY §
Thelma Snodgrass, being duly sworn, says:
That she is the Owner in the above and foregoing action;
that she has read said instrument and knows the contents thereof;
and that the matters and facts therein stated are true and
correct.
THELMA SNODGRASS
SUBSCRIBED AND SWORN to before me this day of
August, 1985.
ary Public —
(S -E A L)
Commission Expires:
- 6 -
STATE OF NEW MEXICO §
§ SS.
COUNTY OF CURRY §
Roy H. Snodgrass, being duly sworn, says:
That he is the Owner in the above and foregoing action; that
he has read said instrument and knows the contents thereof; and
that the matters and facts therein stated are true and correct.
�7 xi� '4-zz-'
ROY SNODGRASS
SUBSCRIBED AND SWORN to before me this ,,� CT r day of
August, 1985.
No a y Public
w iS E A L)
M Commission Expires:
12 1
Commission
- 7 -
STATE OF NEW MEXICO §
§ SS.
COUNTY OF CURRY §
Tommie Lea Snodgrass, being duly sworn, says:
That she is the Owner in the above and foregoing action;
that she has read said instrument and knows the contents thereof;
and that the matters and facts therein stated are true and
correct.
TOMMIE LEA SNO GRASS
SUBSCRIBED AND SWORN to before me this day of
August, 1985.
�qt%ary Public
(S E A L)
M Commission Expires:
f
r
EXHIBIT A
All of Section 17, State Capitol Lands, Block Y, consisting
of 765.6 acres more or less.
The west half of Section 36, State Capitol Lands, Block Y,
consisting of 384 acres more or less.
A tract of land being the southeast part of Section 8, State
Capitol Lands, Block Y, consisting of 140 acres more or less.
Total area is 1289.6 acres more or less.
Lien Holders of Snodgrass Property, Bailey County, Texas
Section 17, State Capitol Lands, Block Y, 765.6 acres more
or less.
1st Lien - Farmers Home Administration, Muleshoe, Texas
2nd Lien - Production Credit Association, Clovis, New Mexico
West half Section 36, State Capitol Lands, Block Y, 384
acres more or less.
1st Lien - Ben B. Hutchinson, Lubbock, Texas
2nd Lien - Farmers Home Administration, Muleshoe, Texas
3rd Lien - Production Credit Association, Clovis, New Mexico
Southeast part of Section 8, State Capitol Lands, Block Y,
140 acres more or less.
1st Lien - Production Credit Association, Clovis, New Mexico