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HomeMy WebLinkAboutContract 38393 s CITY SECRETARY CONTRACT NO. 3R391 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SECOND AMENDMENT TO OIL, GAS,AND MINERAL LEASE Reference is hereby made to that certain Oil, Gas and Mineral Lease ("Subject Lease") dated October 10, 2007 by and between the undersigned Lessor(s) and Chesapeake Exploration, LLC, as Lessee,recorded in the Real Property Records of Tarrant County, Texas, Document No. D207398919. Said lease subsequently amended by Document No. D208346462 in the Real Property Records of Tarrant County, Texas ("Lease Amendment"). WHEREAS, it is the desire of said Lessor and Lessee to amend said Subject Lease and Lease Amendment in order to correct the legal description provided for in the Lease. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee do hereby correct and amend Exhibit "A' as written in the Lease as well as delete the legal description as written in the Lease Amendment and insert the following : 2.27 acres, more or less, being a portion of the W.W.Wheat Survey,A-1647 situated about 1 %:miles N. 17 E from the Courthouse in Tarrant County, Texas, and embracing a portion of the tract conveyed to City of Fort Worth as the P tract in deed of record in Volume 1222, Page 121 of the DRTC and being more particularly described as the 9th tract in deed of record in Volume 2936,Page 34,DRTC,to wit: Beginning at a point in the south line of said Wheat Survey S. 89 degrees 44' E. 209.8 feet from its southwest corner; Thence along said line,S. 89 44' E.206 feet to the southeast corner of said City of Fort Worth tract; Thence N. 13 degrees 34' W. 150.7 feet to an iron pipe; Thence N.28 degrees 53' W. 407.5 feet to an iron; Thence N.65 degrees 02' W.75 feet to a point in the Northeast right of way of the T&P Railroad; Thence along said right of way Southwesterly 218 feet; Thence S.28 degrees 53' E 290 feet; Thence S 13 degrees 34' E 74.5 to the place of beginning and containing 2.27 acres. WHEREAS, the Lessor and Lessee would also like to amend the legal description in said Lease and said Lease Amendment by adding the the tract of Land as described in the Attachment to this document. Furthermore the undersigned do hereby ratify, adopt and confirm said Lease as hereby amended, as a valid and subsisting Lease and the undersigned Lessor does hereby grant, demise, lease and let unto to Chesapeake Exploration, L.L.C., the present owner of said Lease, the 03-31 -09 P01 :25 IN 1 02-03-09 A10 :53 IN premises described above, subject to and in accordance with all of the terms and provisions of said Lease as hereby amended. This agreement shall be binding upon and inure to the benefit of the parties hereto,their respective heirs, legal representatives, successors and assigns. IN WITNESS WHEREOF, this instrument is dated and made effective as of the date of the Subject Lease as set forth above. EXECUTED effective the—2_day of pr cb2v, ,a=.. , 2009. LESSOR: CITY OF FORT WORTH Fernando Costa,Assistant City Manager Attested by: VN\ I NO M&C REQUIRED Marty HendA4 City Secretary Contract Authorization Date APPROVED AS TO FORM AND LEGALITY: BY: C541�r�l.. DATE: LESSEE: Chesapeake Exploratio L.C. By: pc.d� Henry J. Hood, Senior Vice President Land and Legal & General Counsel 2 ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF TARRANT§ BEFORE ME, the undersigned, a Notary Public, on this day personally appeared Fernando Costa, Assistant City Manager, known to me to be the person whose name is subscribed to the foregoing instrument and, that (s)he has executed the same for the purpose and consideration therein expressed. GIVEN MY HAND AND SEAL OF OFFICE THIS oC DAY OF 2(09. HETTIE No ' Public, State of Texas LANE m= MY COMMISSION EXPIRES Notary's name(printed): 4. duty 26,2011 Notary's commission expires: STATE OF OKLAHOMA § COUNTY OF OKLAHOMA § This instrument was acknowledged before me on this k�Aay of 2009,by Henry J. Hood, as Senior Vice President - Land and Legal & General Counsel of Chesapeake xploration, L.L.C., as successor by merger to Chesapeake Exploration Limited Partnership,on behalf of said limited liability company. Given under my hand and seal the day and year last above written. `` P,41'JOy�i �rpTgRy�'Pp''� Notary Public: €m?#07011748y My Commission Expires: EXP.12121"1j�a My Commission Number: vr:;au60-"'-1:1z" 3 r ATTACHMENT City of Ft Worth tract An 0.1133 acre tract of land being situated in the William W. Wheat Survey, Abstract No. 1647 and the E. Little Survey, Abstract No. 954. Said 0.1133 acre tract being more particularly described by metes and bounds as follows: COMMENCING: at the Southwest corner of said Wheat Survey and the Southeast corner of said Little Survey; THENCE:Northerly with the common line of said Wheat Survey and Little Survey, a distance of 441.24 feet; THENCE: Departing said survey line,North 89°41'54" West, a distance of 15.11 feet to the POINT OF BEGINNING of said tract of land; THENCE: North 72°03'33" West, a distance of 50.00 feet to the beginning of a non-tangent curve to the right; THENCE: Along said curve, having a delta angle of 01'11'0 1", a radius of 4845.00 feet, a chord bearing of North 18°31'57" East, and chord distance of 100.09 feet; THENCE:Northeasterly along said curve, a distance of 100.09 feet to the end of curve; THENCE: South 68°54'05" East, a distance of 50.03 feet to the beginning of a non-tangent curve to the left; THENCE:Along said curve, having a delta angle of 01'09'47", a radius of 4795.00 feet, a chord bearing of South 18°31'20" West, and chord distance of 97.33 feet; THENCE: Southwesterly along said curve, a distance of 97.33 feet to the end of curve and to the POINT OF BEGINNING, containing 0.1133 acres, more or less. This Field Notes Description constitutes a legal document, and, unless it appears in its entirety, in its original form. This herein described unit was prepared in the offices of Frontier Surveying Company and does not reflect and on the ground survey. It is strongly recommended, for the continuity of future surveys,that this document be incorporated in all future conveyances, without any revisions or deletions. 4 � S Electronically Recorded Tarrant County Texas Official Public Records 2009 Mar 05 02:54 PM ,13209060843 J Fee:S 32.00 Submitter.SIMPLIFILE 5 Pages Suzanne Henderson CHEAPEAKE ENERGY CORP. ATTN: RECORDING TEAM P.O.Box 18496 Oklahoma City,OK 73154 Submitter. Chesapeake Operating,Inc. DOCUMENT &RECORDED IN THE COUNTY RECORDS 0 DO NOT DESTROY 0 r WARNING—THIS IS PART OF THE OFFICAL RECORD ELECTRONICALLY RECORDED BY SIMPLIFILE I