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HomeMy WebLinkAboutContract 39442-A1RECORDED ELECTRONICALLY ID: D209315785 County: TARRANT Date: Dec 03, 2009 Time: 08:13 AM CITY SECRETARY co►vrRacr N®. � 4 - 1 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 DRIVER'S LICENSE NUMBER AMENDED DESCRIPTION OF OIL AND GAS LEASE AND MEMORANDUM OF OIL AND GAS LEASE STATE OF TEXAS } COUNTY OF TARRANT } WHEREAS, CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas ("Lessor") executed an Oil and Gas Lease dated September 17, 2009, in favor of XTO Energy Inc., recorded as Memorandum of Oil and Gas Lease as instrument number D209280980 in the Official Public Records of Tarrant County, Texas, (collectively referred to herein as the "Lease"); WHEREAS, the description of the Lease as shown on the attached Exhibit A was incomplete and in error; NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee do hereby amend the Lease in respect to the description of the lands included therein, and ratify and adopt the same as so amended. The amended Exhibit A description shall now read as follows: 3.905 acres of land, more or less, of a called 2.445 acres, situated in the Lydia J. Warwick Survey, A-1663, Tarrant County, Texas, and consisting of the following ten (10) tracts: TRACT 1: 1.192 acres of land, more or less, of a called 0.688 of an acre, being Lots 10, 12, 13, and 14, Block 33, South Hemphill Heights Addition, according to the Plat recorded in Volume 106, Page 132, Plat Records, Tarrant County, Texas, and being more particularly described in that certain Condemnation Proceedings Agreed Judgment dated December 3, 1980, as recorded in Volume 7091, Page 2093, Official Public Records, Tarrant County, Texas. TRACT 2: 0.229 of an acre, more or less, of a called 0.172 of an acre, being Lot 11, Block 33, South Hemphill Heights Addition, according to the Plat recorded in Volume 106, Page 132, Plat Records, Tarrant County, Texas, and being more particularly described in that certain Warranty Deed dated July 28, 1980, from Earl S. Carden and wife, Juanita H. Carden, to City of Fort Worth, Texas, as recorded in Volume 6983, Page 691, Official Public Records, Tarrant County, Texas. TRACT 3: 0.229 of an acre, more or less, of a called 0.172 of an acre, being Lot 15, Block 33, South Hemphill Heights Addition, according to the Plat recorded in Volume 106, Page 132, Plat Records, Tarrant County, Texas, and being more particularly described in that certain Deed executed August 18, 1980 from Earl S. Carden and wife, Juanita H. Carden, to City of Fort Worth, a municipal corporation, as recorded in Volume 7006, Page 2,041, Official Public Records, Tarrant County, Texas. TRACT 4: 0.122 of an acre, more or less, of a called 0.047 of an acre, being Lots 10 and 11, Block 34, South Hemphill Heights Addition, according to the Plat recorded in Volume 106, Page 132, Plat Records, Tarrant County, Texas, and being more particularly described in that certain Warranty Deed dated January 14, 1999, from Maurine Bivins to City of Fort Worth, as recorded in Document No. D 199020782, Official Public Records, Tarrant County, Texas. TRACT 5: 0.161 of an acre, more or less, of a called 0.046 of an acre, being the North 20 feet of the East 100 feet of Lot 24, Block 35, South Hemphill Heights Addition, according to the Plat recorded in Volume 106, Page i32, Plat Records, Tarrant County, Texas, being rrrore•------ particularly described in that certain Warranty Deed dated March 19, 1953, fry D��°Y I�CORD CITY SECRETARY FT. WORTH, TX Phillips to City of Fort Worth, a municipal corporation, as recorded in Volume 2583, Page 414, Official Public Records, Tarrant County, Texas. TRACT 6: 0.258 of an acre, more or less, of a called 0.184 of an acre, being the East 100 feet of Lots 23 and 24, less and except the North 20 feet of the East 100 feet of Lot 24, Block 35, South Hemphill Heights Addition, according to the Plat recorded in Volume 106, Page 132, Plat Records, Tarrant County, Texas, and being more particularly described in that certain Warranty Deed dated July 26, 1980, from Verna Marchant, Individually and as Independent Executrix of the Estate of Mildred E. Lester, Deceased, to the City of Fort Worth, a municipal corporation, as recorded in Volume 6979, Page 2031, Official Public Records, Tarrant County, Texas. TRACT 7: 0.114 of an acre, more or less, of a called 0.023 of an acre, being the North 20 feet of the West 50 feet of Lot 24, Block 35, South Hemphill Heights Addition, according to the Plat recorded in Volume 106, Page 132, Plat Records, Tarrant County, Texas, and being more particularly described in that certain Warranty Deed dated April 9, 1953, from J. J. Anderson and wife, Vera Anderson, to the City of Fort Worth, a municipal corporation, as recorded in Volume 2554, Page 537, Official Public Records, Tarrant County, Texas. TRACT 8: 0.110 of an acre, more or less, of a called 0.092 of an acre, being the West 50 feet of Lot 23 and the South 30 feet of the West 50 feet of Lot 24, Block 35, South Hemphill Heights Addition, according to the Plat recorded in Volume 106, Page 132, Plat Records, Tarrant County, Texas, and being more particularly described in that certain Warranty Deed dated June 10, 19801 from J. J. Anderson and wife, Vera Anderson, to the City of Fort Worth, as recorded in Volume 5948, Page 2232, Official Public Records, Tarrant County, Texas. TRACT 9: 0.229 of an acre, more or less, of a called 0.172 of an acre, being Lot 22, Block 35, South Hemphill Heights Addition, according to the Plat recorded in Volume 106, Page 132, Plat Records, Tarrant County, Texas, and being more particularly described in that certain Warranty Deed dated August 1, 1980, from Lloyd A. Smith and wife, Mildred L. Smith, to the City of Fort Worth, as recorded in Volume 6974, Page 1863, Official Public Records, Tarrant County, Texas. TRACT 10: 1.261 acres of land, more or less, of a called 0.849 of an acre, situated in the Lydia J. Warwick Survey, A-1663, Tarrant County, Texas, being more particularly described by metes and bounds in that certain Dedication Quitclaim Deed dated March 15, 1999, from The Jennings - May -St. Louis Neighborhood Development Corporation to the City of Fort Worth, as recorded in Volume 13813, Page 306, Official Public Records, Tarrant County, Texas. Lessor hereby ratifies and confirms said Lease and agrees and declares that said Lease, and all of its terms and provisions, as amended hereby, is binding on them, their successors and assigns, and is a valid and subsisting oil and gas lease; and Lessor does hereby lease, demise and let the lands described hereinabove, to Lessee, its successors and assigns, in accordance with all of the terms of said Lease, as amended hereby, and ratify and adopt the same as so amended. Except as otherwise amended the Lease is and shall remain in full force and effect as written in accordance with its terms and conditions. IN WITNESS WHEREOF, this instrument is executed on this the respective date of the acknowledgment below but shall be effective, however, as of September 17, 2009. LESSOR: CITY OF FORT WORTH By: Fernando Costa Title: Assistant City Manager OF�'lC��w�. RECORD CITY SECRETARY � I: WUCRTH, TX ATTEST: By: V �� N® li��C IMF Cit � (�IJgR1CD y Secretary ____.. APPROVED AS TO FORM AND LEGALITY: Assistant City, Date LESSEE: XTO ENERGY INC. � � �� �� � By• Edwin S. Ryan, .)(r. ItS: Sr. VP -Land Administration ACKNOWLEDGMENT STATE OF TEXAS } } COUNTY OF TARRANT } BEFORE ME, the undersigned, a Notary Public, on this day personally appeared Fernando Costa, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged that he has executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ��'� day of �0 ,� , 2009. My Commission Expires: Commission Number: otary Public, State of Texas EVONIA DANIELS MY COMMISSION EXPIRES July 10, 2013 OFFICIAL REC®RD i, CITY SECRETARY �I FT. V1fORTH, TX STATE OF TEXAS } } COUNTY OF TARRANT } BEFORE ME, the undersigned, a Notary Public, on this is subscribed to the fore day personally appeared be the person whose name instrument and acknowledged that he has executed Lite same for the purposes and consideration therein expressed. known to me to JQUVC AND SEAL OF OFFICE this � day of �h er , Zooa. DORINDA C. WEST \ Ut6MICWMEW0612212011 Nolary PJ' cSTATE OF TEXAS My Commission Expires: Q�- a.7.- � � I Commission Number: MA(,a38g _yC NL 4rsr%� Notary Public, State of Texas OFF1CiA� RECORD CIT1( SEGRET�RY FT. W�7K I M TX