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HomeMy WebLinkAboutContract 39442-A2RECORDED ELECTRONICALLY ID: D210029161 County: TARRANT Date: Feb 08, 2010 Time: 3:57 PM CITY SECRETARY. �. CONTRACT NO ,. AL9 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 SECOND 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 Leased dated September 17, 2009 in favor of XTO ENERGY INC., Lessee, recorded as Memorandum of Oil and Gas Lease at instrument number D209280980 in the Official Public Records of Tarrant County, Texas, as amended by Amended Description of Oil and Gas Lease and Memorandum of Oil and Gas Lease, recorded as instrument number D209315785 in the Official Public Records of Tarrant County, Texas (collectively referred to herein as the "Lease"); WHEREAS, the description of the Lease 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 description shall now read as follows: 3.033 acres of land, more or less, of a called 2.445 acres, situated in the Lydia J. Warwick Survey, A-16639 Tarrant County, Texas, and consisting of the following five (5) tracts: TRACT Il: 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 2041, 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. D199020782, Official Public Records, Tarrant County, Texas. Page 1 of 3 TRACT 5: 1.261 acres of land, ore 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 acknowledgment below but shall b Lease. LESSOR: CITY OF FORT WORTH Attest: instrument is executed on this the respective e effective, however, as of September 17, 2009, p Oio00000 it APPROVED AS TO FORM AND LEGALITY: LESSEE: XTO ENERGY INC. a Delaware corporationxz By: Edwin S. Ryan, Jr. Senior Vice President -Land Administration Page 2 or 3 date of the date of The ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned, a Notary Public, on this day appeared L16 _ as �� of the CITY OF FORT WORTH, a home rule municipal corporation oft the State of Texas located within Tarrant, Denton, and Wise Counties, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged that (s)he has executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL �14ti! Rc , 2010. (Seal).• ' EVONIA DANIELS PAY COMMISSION EXPIRES 00 Fie to JUiy 10, 2013 STATE OF TEXAS } COUNTY OF TARRANT } OF OFFICE this day of ACKNOWLEDGMENT This instrument was acknowledged before me on the 2010, by Edwin S. Ryan, Jr., Senior Vice President - Delaware corporation, on behalf of said corporation. Public, State of Texas tJ�' day of V 1i'JNfYYYJ�'fY M.J i�.ffYf ✓J� � I ^ /\ � � � � � � ;o�PPYPo'e�•.; C'NARLA F. 1PVELKES 'U[l \)�//Vl/]�/'�,�/��J /Y � � �--r/.�J * * NOTARY PUBLIC STATE OF TEXAS — 2N9}: COMMISSION EXPIRES: Notary Public, State of Texas Page 3 of 3