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HomeMy WebLinkAboutContract 39533-A1 RECORDED ELECTRONICALLY ID: D210230028 CITY SECRETARY County: TARRANT COwmcT NO. 39,533 .1. Date: September 20, 2010 Time: 1:15 PM NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS' LICENSE NUMBER AMENDMENT OF DESCRIPTION AND RATIFICATION OF OIL AND GAS LEASE AND MEMORANDUM OF OIL AND GAS LEASE STATE OF TEXAS § COUNTY OF TARRANT § WHEREAS, the City of Fort Worth, a home rule municipal corporation of the State of Texas, as Lessor, heretofore executed an Oil, Gas and Mineral Lease dated October 19, 2009, to XTO Energy Inc., as Lessee, as evidenced by that Memorandum of Oil and Gas Lease dated October 19, 2009 and recorded at Clerk Document D209298336, Official Public Records, Tarrant County, Texas. WHEREAS, the Lease was improperly acknowledged by the Notary Public; AND WHEREAS, the description Tract 4 of the Lease was incomplete and in error; NOW, THEREFORE, in consideration of the premises leased herein,the receipt and sufficiency of which is hereby acknowledged,the undersigned Lessor and Lessee do amend the Lease in respect to the description of Tract 4 only, and ratify and confirm said Lease, and agree and declare that said Lease, and all of its terms and provisions, as amended hereby, is binding on its successors and assigns, and is a valid and subsisting oil and gas lease; and Lessor does hereby lease, demise and let the lands described in said Lease as recorded to Lessee, its successors and assigns, in accordance with all of the terms of said Lease, as amended hereby. The amended description of Tract 4 shall now read as follows: Tract 4: 0.058 of an acre, more or less, being a called 0.037 of an acre, situated in the J.N. Ellis Survey, A463, Tarrant County, Texas, and being the North seven feet (7') of Lots 1, 2 and 3, Granger Place Addition, according to the Plat thereof recorded in Volume 994, Page 495, Plat Records, Tarrant County, Texas, and being more particularly described in that certain Warranty Deed dated April 9, 1928, from Jno. R. Granger to the City of Fort Worth, as recorded in Volume 1096, Page 212, Official Public Records, Tarrant County, Texas. EXCEPT as otherwise amended the above described lease is and shall remain in full force and effect as written in accordance with its terms and conditions, and the undersigned Lessor recognizes said lease as a valid and sustaining Oil, Gas and Mineral Lease. IN WITNESS WHEREOF, this instrument is executed on this the respective date of the Acknowledgment below, but shall be effective,however, as of October 19, 2009 LESSOR: LESSEE: CITY OF FORT WORTH XTO ENERGY INC. �ss.+w..aG G�rG----• By: Fernando Fernando Costa, By: Edwin S. Ryan, Jr., as Senior Title: Assistant City Manager Vice President—Land Administration OFFICIAL RECORD Address: 1000 Throckmorton Street 0-0 8-10 A 1 C :4 2 Address: 810 Houstor MITCl SECRETARY Fort Worth, Texas 76102 Fort Worth, Teltqsdftvi, TX 09-08-10 A11 :24 IN ATTEST: 4�1r at�gn !J®�0000000000���YJ� City SecretaryB o o aC d APPROVED AS TO FORM AND LE o *% %Q00000000000 GALITY: Ay� By: Cw Assistant City Atto ey Date: NO M&C REQUIRED ACKNOWLEDGMENTS THE STATE OF TEXAS COUNTY OF TARRANTAd J This instrument was acknowledged before me on the c2 day of-__ 2010 by Fernando Costa as Assistant City Manager of the City of Fort Worth a home rule municipal corporation of the State of Texas. r EVONIA DANIELS - �' ' MY COMMISSION EXPIRES ZState July 10,2013otary Public, of Texas THE STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the today of , 2010,by Edwin S. Ryan, Jr., as Senior Vice President-Land Administration of X O Energy Inc., a Delaware Co oration on behalf of said corporation. r k a. UQ ,,arm DEN wy ubllNEZ Notary Public, State of Texas y STATE OF TEXAS fly Carom.Exp.01/28/2012 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Electronically Recorded Tarrant County Texas Official Public Records 9/20/201 06W PGS 2 OONMCTNO...,_.r_�__ NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS' LICENSE NUMBER AMENDMENT OF DESCRIPTION AND RATIFICATION OF OIL AND GAS LEASE AND MEMORANDUM OF OIL AND GAS LEASE STATE OF TEXAS § COUNTY OF TARRANT § WHEREAS,the City of Fort Worth, a home rule municipal corporation of the State of Texas, as Lessor,heretofore executed an Oil,Gas and Mineral Lease dated October 19,2009, to XTO Enerev Inc., as Lessee, as evidenced by that Memorandum of Oil and Gas Lease dated October 19, 2009 and recorded at Clerk Document D209298336, Official Public Records, Tarrant County,Texas. WHEREAS,the Lease was improperly acknowledged by the Notary Public; AND WHEREAS,the description Tract 4 of the Lease was incomplete and in error; NOW,THEREFORE,in consideration of the premises leased herein,the receipt and sufficiency of which is hereby acknowledged,the undersigned Lessor and Lessee do amend the Lease in respect to the description of Tract 4 only,and ratify and confirm said Lease,and agree 'and declare that said Lease,and all of its terms and provisions, as amended hereby, is binding on its successors and assigns,and is a valid and subsisting oil and gas lease; and Lessor does hereby lease,demise and let the lands described in said Lease as recorded to Lessee,its successors and assigns,in accordance with all of the terns of said Lease, as amended hereby. The amended description of Tract 4 shall now read as follows: Tract 4: 0.058 of an acre, more or less, being a called 0.037 of an acre, situated in the J.N. Ellis Survey, A463, Tarrant County, Texas, and being the North seven feet (71) of Lots 1, 2 and 3, Granger Place Addition, according to the Plat thereof recorded in Volume 994, Page 495, Plat Records, Tarrant County, Texas, and being more particularly described in that certain Warranty Deed dated April 9, 1928, from Jno. R. Granger to the City of Fort Worth, as recorded in Volume 1096, Page 212, Official Public Records,Tarrant County,Texas. EXCEPT as otherwise amended the above described lease is and shall remain in full force and effect as written in accordance with its terms and conditions, and the undersigned Lessor recognizes said lease as a valid and sustaining Oil, Gas and Mineral Lease. IN WITNESS WHEREOF,this instrument is executed on this the respective date of the Acknowledgment below,but shall be effective,however, as of October 19,200 LESSOR: LESSEE: OFFICIAL RECORD CITY SECRETARY CITY OF FORT WORTH XTO ENERGY IN . FT.WORTH,TX By: Fernando Costa, By: Edwin S.Ryan,Jr., as Senior Title: Assistant City Manager Vice President—Land Administration Address: 1000 Throckmorton Street Address: 810 Houston Street Fort Worth, Texas 76102 Fort Worth,Texas 76102 A11 :24 IN ATTEST: ` XY ®�0000000007®�� % �0 ems¢ City Secretary o ° 0 0 0 °* 'APPROVED AS TO FORM AND LEGALITY: 14 °°g0pO°°� d BY - Assistant City Atto ey Date: �-0 NO M&C REQUIRED ACKNOWLEDGMENTS THE STATE OF TEXAS COUNTY OF TARRANT t This instrument was acknowledged before me on the.444 day of 16-01I-/ , 2010 by Fernando Costa. as Assistant City Manager of the City of Fort Worth a home rule municipal corporation of the State of Texas. X,. :,�'�' E110NIA DArAELS h 3.: *= MY COMMISSION EXPIRES ''� i; Jlly 10,2013 Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the 1!1�'day of , 2010,by Edwin S. Ryan, Jr., as Senior Vice President-Land Administration4X —O Energy Inc., a Delaware Corporation, on behalf of said co oration. 1 DEDRA L.NUNEZ Notary Public, State of Texas * IVotory Public STATE OF TEXAS My canm.Ea Oir2a=12 Ism OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Return to: G.Kube M 99,TX 76137