HomeMy WebLinkAboutContract 42203dt'i ETAS
1n ir TOACT 0YJ -
MINERAL AGREEMENT
This Mineral Agreement (the "Agreement") is made and entered into as of Augu s t 19 ,
2011 (the "Effective Date"), by and between EILENE MUNCIE RALL MINCH, OLIVE ELLIS
GREENWALD, MARGARET JOLLEY, JANIS SWENSON, AND BLAIR MCGROARTY (collectively,
the "Boaz Heirs") and THE CITY OF FORT WORTH, a home rule municipal corporation organized
under the laws of the State of Texas ("City").
WITNESSETH
WHEREAS, pursuant to that certain July 13, 1928 Deed executed by Z. Boaz and Teck Boaz
(collectively "Boaz") and N. A. Dodge ("Dodge") (Boaz and Dodge collectively referred to herein as the
"Boaz Grantors"), recorded at Volume 1036, Page 125 of the Real Property Records of Tarrant County,
Texas, the City acquired an interest in the surface and minerals with respect to two (2) tracts of land in
Fort Worth, Tarrant County, Texas (the "Deed");
WHEREAS, among other things, the Deed requires that the tract of land described herein as
Tract 1 at the attached Exhibit "A", be used by the City for improvement and use as a public park under
the name Boaz Park (the "Park Tract");
WHEREAS, among other things, the Deed requires that the tract of land described herein as
Tract 2 at the attached Exhibit "B", be used by the City for development and use as a first-class municipal
golf course for a period of at least ten (10) years and thereafter for such course or park purposes as the
City determines (the "Golf Course Tract");
WHEREAS, the Deed states that the abandonment of the use and maintenance of the Park Tract
for park purposes or change in the name thereof shall operate to defeat such conveyance to the City and
revert the title to and possession of the Park Tract to Z. Boaz and his heirs (the "Park Reversion
Provision");
WHEREAS, the Deed states that the abandonment of the use and maintenance of the Golf
Course Tract for golf or park purposes shall operate to defeat such conveyance to the City and revert the
title to and possession of the Golf Course Tract to the Boaz Grantor's and their heirs (the "Golf Course
Reversion Provision") (the Park Reversion Provision and the Golf Course Reversion Provision
collectively referred to herein as the "Reversionary Provisions");
WHEREAS, the Boaz Heirs affirm that they are the sole heirs of Boaz;
WHEREAS, the Park Tract and the Golf Course Tract, save and except that certain seven (7)
acre portion of the Golf Course Tract wherein an undivided Fifty percent (50%) interest in same was
owned by Dodge (the "Dodge Tract"), are collectively referred to herein as the "Boaz Tracts";
WHEREAS, the Dodge Tract and the Boaz Tracts are collectively referred to herein as the
"Property";
WHEREAS, the Dodge Tract is depicted herein at the attached Exhibit "C" and legally described
at Exhibit "D"; and
WHEREAS, in order to avoid potential litigation regarding the Reversionary Provisions, the City
and the Boaz Heirs have agreed to enter into this Agreement in order to allow the development and
production of the oil, gas and other minerals with respect to the Property;
220926v19
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
• (,
Page 1 of 18
NOW, THEREFORE, for and in consideration of the mutual promises, covenants and undertakings
described herein, the parties hereto mutually agree as follows:
1. Correction Deed Simultaneously with the execution of this Agreement the City and the Boaz
Heirs will execute the Correction Warranty Deed attached hereto as Exhibit "E" (the "Correction Deed")
wherein the Deed shall be corrected to provide that an undivided forty percent (40%) interest in and to all
of the oil gas and other minerals in, on and under and that may be produced from the Property shall be
reserved to Boaz. The Correction Deed shall also provide that if the terms conditions and restrictions
contained in the Correction Deed are complied with by the City, the City's lease of its mineral estate
conveyed to the City pursuant to such Correction Warranty Deed will not be considered an abandonment
of the use and maintenance of said Park Tract or Golf Course Tract for golf or park purposes.
2. Leasing of Minerals. Promptly after the execution of this Agreement and the Correction Deed
by the parties, the City and the Boaz Heirs will use their best efforts to promptly lease their respective
mineral interests in the Property.
3. Upkeep. Maintenance and Beautification. The City hereby agrees that for so long as oil, gas or
other minerals are being produced from the Property, seventeen percent (17%) of all royalties, bonus
proceeds and any other sums received by the City in connection with the oil, gas and other minerals in, on
and under the Property, shall be used for the upkeep, maintenance, and beautification of the park located
on the Park Tract and the golf course located on the Golf Course Tract.
4. Heirs of Z. Boaz and Teck Boaz. The Boaz Heirs represent and warrant that they fully comprise
and represent all heirs of Boaz. The Boaz Heirs agree to indemnify and hold the City free and harmless
against any and all losses, damages, claims demands and suits which the City may suffer, incur or to
which it may be liable in connection with the representation made by the Boaz Heirs in this Section 4.
5. Binding Effect and Assignment. This Agreement will inure to the benefit of, be binding upon and
enforceable against the parties hereto and their respective successors, heirs, beneficiaries and permitted
assigns. Either party may assign this Agreement and its rights, interests, and obligations under this
Agreement at any time without the consent of the other party.
6. Entire Agreement. This Agreement, along with the Exhibits attached hereto (which are
incorporated herein by reference), embodies the entire agreement of the parties hereto with respect to the
subject matter hereof and supersedes all prior agreements and understandings of the parties with respect
to the subject matter hereof. No amendment or modification of this Agreement will be effective unless
made in writing signed by both parties hereto
7. Further Assurances. At the request of either party, the other party shall execute and deliver or
cause to be delivered any documents or take any action reasonably deemed necessary or appropriate to
effectuate the terms and conditions of this Agreement
8. Headings. The headings contained in this Agreement are for convenience of reference only and
will not affect in any way the meaning or interpretation of this Agreement.
9. Notices All notices, consents, approvals or demands required under this Agreement will be in
writing, and will be deemed delivered when either (i) deposited in the U.S. Mail postage prepaid, certified
or registered, return receipt requested, or (ii) delivered in person (including delivery by any courier service)
provided that there is a written record confirming such personal delivery in any event addressed to or
delivered to the appropriate party at:
220926v19 Page 2 of 18
If to the Boaz Heirs, to: DATCO
4525 Odessa Ave.
Fort Worth, Texas 76133
With a copy to:
If to City, to:
With a copy to:
Bourland, Wall & Wenzel, P.C.
301 Commerce Street, Suite 1500
Fort Worth, Texas 76102
Attn: Michael V. Bourland
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Attila Jean Petr, Plannmg and Development Department
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Attn: Sarah Fullenwider, Law Department
or to such other address(es) as either party may from time to time designate for this purpose. The parties
understand and agree that a notice sent to the Boaz Heir representative in accordance with this Section
shall be considered to be effective upon each and every Boaz Heir.
10. Waiver. The waiver by either party of a breach of any provision of this Agreement will not
operate or be construed as a continuing waiver of any subsequent breach by either party. No waiver by
either party of any provision or condition to be performed will be deemed a waiver of similar or dissimilar
provisions or conditions at the same time or any prior or subsequent time
11. Governin2 LawNenue. Regardless of the place of execution or performance, this Agreement
will be governed by and construed in accordance with the laws of the State of Texas without giving effect
to such state's conflicts of laws provisions Venue for any action arising out of this Agreement will lie
exclusively in Tarrant County, Texas.
12. Severability. If, for any reason, any provision of this Agreement is held invalid, illegal or
unenforceable in any respect in any jurisdiction, such invalidity, illegality or unenforceability will not
affect any other provision of this Agreement or the validity thereof, but this Agreement will be reformed
and construed in any such jurisdiction as if such invalid, illegal or unenforceable provision had never
been contained herein and such provision will be reformed so that it would be valid, legal and enforceable
to the maximum extent permitted in such jurisdiction. If any provision of this Agreement will be held
invalid, illegal or unenforceable in part, such invalidity, illegality or unenforceability will in no way affect
any other part of such provision not held so invalid, illegal or unenforceable and any other part of such
provision, together with all other provisions of this Agreement, will to the full extent consistent with law
continue in full force and effect.
13. Counterparts This Agreement may be executed in one or more original or facsimile counterparts,
each of which will be deemed an original, but all of which together will constitute one of the same
instrument
220926v19 Page 3 of 18
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220926v19
CITY:
CITY OF FORT WORTH, TEXAS
By:
Printed Name: ¢a
Title: Art. itiet cier
Date executed: S/!97/1
APPROVED AS TO FORM AND LEGALITY:
B • — Ceti-9Q!4-t
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Printed Name �. 4// J • {- G E' to Cite
Title: ertrt7 rt- c7
Date executed: 6-et
Attesi:ed by:
Marty Hendrix, - ty Soerste
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Page 4 of 18
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BOAZ HEIRS:
A °rh et/ jaA#Wieeer(
E�Iene Muncie all Minch by her agent and
Attorney -in -Fact, Thomas M. Rall, pursuant to a
Statutory Durable Power of Attorney dated April 17, 002
i
-1.A,P4) t,
Olive Ellis Greenwald
77LCZYtAnyttiL
acga�et Jollef /l
Ja,��g,"S�yvenson
et,
iBlair cOroarty t.
ACKNOWLEDGEMENT
COUNTY OF rrA rwir§
This instrument yvas ac dged before me on the r
rhomart M gafas Power o et-mar"v
rule municipal corporation organized under the law
BEN Q. STARN
Not
YE Of TEXAS
y Comm. Exp. February 17, 2013
s
r.
STATE OF TEXAS
COUNTY OFT; r ra n
d yas LAlq ,201/ by
e City of Fort Worth, Texas, a home
tate of Texas, on behalf of said City.
Notary Public, State of Texas
ACKNOWLEDGEMENT
-74/
This insment was acknowledged before me on the � � day of �l%�j(�S�
fail4xido (os as A&57'. O5"M'+(4-($T4 of the City of Fort Worth, Texas, a home
rule municipal corporation organized undlaws of the State of Texas, on behalf of said City.
rt
rzi
Mc EVO,NIA DANIELS
$1 '`' _ ,' r MY COJuly 10, 2013
MMISSION EXPIRES
lI
220926v19
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rh th
e e
Andri,
otary Public, State of'Texas
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Page 5 of 18
by
STATE OF fei'ocs
COUNTY OF erg min ate
ACKNOWLEDGEMENT
This instrument was acknowledged before me on the 5+' day of
by Thomas M. Rall as attorney -in -fact on behalf of Eitene Muncie Rall Minch.
. _ i a
all a _1-.a _
EDWARD H. GREEN III
Notary Public, State of Texas
My Commission Expires
September 18, 2011
STATE OF I\\orVn CCtol\nc
COUNTY OF %, _ -Vy.
T
•
Vegeta Me
Agest,swt-
Notary Public, State of TCJacc$
ACKNOWLEDGEMENT
This instrument was acknowledged before me on the LAU/ dayof
byOlive Ellis Greenw4 Id
MAIRA D GARCIA
NOTARY PUBLIC (AA
ALA MANCE COUNTY
NORTH CAROLINA 3 2015
MY COMMISSION EXPIRES JUNE 23,
Notary Public, State of SOL
i ACKNOWLEDGEMENT
STATE OF ! "gib' ,t`.� sf , �� §
§
COUNTY OF \\\ ,) ; . (1/45 §
This instrument was acknowledged before me on the day of
JOIIDAM YEttC10
Georg Won
tM1 of Nobhsko
CMMIMNIep Expires Mgt 23, 2015
444Notary Puic, State of nJ�
ACKNOWLEDGEMENT
STATE OF .4e(`Zp n/,4 §
COUNTY OF iMejCf)PA- §
This instrument was acknowledged before me on the 1 S day of
by Janis Swenson.
OFFICIAL. SEAL
MARY KAY SULLIVAN
NOTARY PUBLIC • State of Arizona
MARICOPA COUNTY
My Comm, Expires April 14, 2013
220926v19
cu.getitia,,,,,
Notary Publi ¢{-Z
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
:SCALA , 20 t�
,20'�
,2o'I
Page 6 of 18
ACKNOWLEDGEMENT
STATE OFalgar
COUNTY OF at,'nvU
This instrument was acknowledged before me on the
by Blair McGroarty.
DENISE KERSTETTER
Notary Public
State of Colorado
r' 4 �'
sue 4.'
A iato
Notary Public, State of
n�
day of e�/7
My Commission
1
FFICIAL R D � ��oR
K'.:tA + %�ry1,yes #►
CITY
'fill 2 =';s s; fr,3
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220926v19 Page 7 of 18
EXHIBIT A
TRACT NO. ONE:
Parts of the B. J. Foster and J. S. Wilburn Surveys, situated about 8 miles southwest from the
courthouse in Tarrant County, Texas:
Beginning at a stake in the north line of the said B. J. Foster Survey, where it is intersected by the
west line of the New Fort Worth and Granbury road, 471-9/10 varas from the northeast corner of the said
Foster Survey; Thence west along the north line of said Foster Survey 682-9/10 varas to a stake; Thence
south, to and along the east line of the 15 acres tract conveyed to S. B. Hamilton by deed of record in Vol.
105, page 542, Tarrant County, deed records, in all 425-3/10 varas to an iron pin; thence west 249-1/2
varas thence south 8 varas; thence west 212 varas to the west line of the said Foster Survey; thence south,
along the west lines of the said Foster and of the said J S. Wilburn Surveys, at 625 varas the middle of
the track of the Texas & Pacific Ry. and in all 946-7/10 varas to the middle of the said Fort Worth and
Granbury road; thence along the middle of the said road, fifty feet wide, north 66-1/2 east 93-1/2 varas;
and north 59-1/2 east 160 varas; and north 68 east 160 varas; and north 48 east 330 varas; and north 35
east 662 varas, to the middle of the old channel of Walnut creek; thence west 9 varas to the west line of
the said road; thence along said west line, north 35 east 78 varas; and north 18-3/4 east 160 varas, and
north 21-1/4 east 176-1/2 varas to the place of beginning, and containing, exclusive of the right of way of
the said Texas & Pacific Ry. Co., and of the half of the said fifty foot road, one hundred thirty-four and
38/100 acres, of which 127-38/100 acres are embraced within the B. J. Foster, and 7 acres within the J. S.
Wilburn, Surveys.
220926v19 Page 8 of 18
EXHIBIT B
TRACT NO. TWO.
Parts of the H. Covington and E. Wilburn Surveys, situated about 7 miles south 65 west from the
courthouse in Tarrant County, Texas:
Beginning at an iron pipe, the southwest corner of block 18 of the Z. Boaz Country Place, as the
map of said Country Place appears of record in Vol. 204, Page 93, Tarrant County Deed records; thence
north along the west lines of blocks 18, 17 and 16, in all 1550 feet to a point whence a stake bears south
10 feet; thence east 400 feet to a point whence a stake bears south 10 feet; thence north along the east line
of said block 16 and in all 3003-3/10 feet to the south line of the old Weatherford road; thence along said
road line, south 88 west 1420 feet to a stake; thence south 1256 feet to a stake; thence west 420 feet to a
stake; thence south 726 feet to a stake; thence east 420 feet to a stake; thence south 2397.4 feet to a stake
in the north line of the present Fort Worth and Weatherford road; thence along said road line, south 83
east 1026-4/10 feet to the place of beginning, and containing about one hundred and forty acres.
220926v19 Page 9 of 18
P4
�w
A4
c
N 99'2810'E
553,30'
EXHIBIT C
(MIDDLE OF OLD WEATHERFORD ROAD -
NO DISTANCE IN DEED)
N 87'57'00'E 1981•99'
Dodge Tract
L BOAZ TO DODGE
989/320
217 AG
N 83'06'0011 25
<N. ROM. BANKI9ZAD06,60.
NO DISTANCE IN DEED)
�Y -
D
CALLED TO 3E IN NI LINE HIG IVAY
AND RIDDLE OF FAIRWAY DR.
DIVIDING LAND AND PROPOSED GOLF'
CASE AMONG ON 'ME EAST
220926v19
WEST
r\ S7
420.00' kisE
ip
b
q
al
rn
1-
0
r.�
1
0
Lel
(SOW Li t DE OLD
drATHt Prf ]n RiAD)
S 88 C0'00'V 14120,C0'
00400'00`E 3005 50'
BOAZ & DODGE
TO CITY OF F,W.
1036/ 125
(CALLED 140 AC IN DEED)
134,4 AC, CALC,
NORTH 1550
EAST
w400.00'
u
J
a_
r
fY
0
u
LINE i. BOAZ
S 83t �33'G0'Q0•_
E 1026:79'
CICIRTII LINE 919 � R iN l
VEATHEW-0RD ,4dWCJ►�)
CALLED S, W. COP. BLK 18
Z, BOAZ COUNTRY PLACE
DIVIDING LAND AND PROPOSED GOLF
COURSE ADJOING ON THE EAST
Page 10 of 18
EXHIBIT D
Dodge Tract Legal Description
BEING a tract of land located in the HAYS COVINGTON SURVEY, ABSTRACT No. 256,
City of Fort Worth, '1arrant County, Texas and being a portion of that certain tract of land
described as Tract No. 'I'wo in deed to the City of Fort Worth recorded in Volume 1036, Page
125 of the Deed Records of Tarrant County, Texas and more particularly described by metes and
bounds as follows:
COMMENCING at the Southwest corner of said City of Fort Worth Tract lying in the m the
Noith right-of-way line of the Foit Worth and Weatherford Road and lying by deed N 83° W,
1026.4 feet fiom the Southwest corner of Block 18, Z. Boaz Country Place, an addition to the
City of Fort Worth, Texas according to the plat recorded in Volume 204, Page 95 of the Plat
Records of Tarrant County, Texas, said point also being the Southeast corner of Alta Mere
Addition to the City of Fort Worth, Texas according to the plat recorded in Volume 1037, Page
413 of the Deed Records of Tarrant County, Texas;
THENCE along the common boundary line between said City of Fort Worth Tract and said Alta
Mere Addition as follows:
North, 2397.4 feet with the East right-of-way line of Irene Drive to its intersection with the North
right-of-way line of Slocum Avenue and the PLACE OF BEGINNING of the tract herein
described;
WEST 420 feet with the said North right-of-way line of Slocum Avenue to its intersection with
the East right-of-way line of Alta Mere Drive as shown on aforesaid plat;
NORTH, 726 feet with the said East right-of-way line of Alta Mere Drive to its intersection with
the South right-of-way line of Rosewood Avenue;
EAST, 420 feet with the said South right-of-way line of Rosewood Avenue to a point;
THENCE SOUTH, 726 feet to the PLACE OF BEGINNING, containing 7.000 acres of land.
220926v19 Page 11 of 18
EXHIBIT E
CORRECTION WARRANTY DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OR ALL 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.
Effective Date: July 13, 1928
Grantor: Z Boaz and wife, Teck Boaz (by their heirs, being Eilene Muncie Rall Minch, Olive Ellis
Greenwald, Margaret Jolley, Janis Swenson, and Blair McGroarty)
Grantor's Mailing Address:
Eilene Muncie Rall Minch
7539 Highway 1187
Fort Worth, Texas 76126
Olive Ellis Greenwald
4001 Carrington Lane
Efland, NC 27243
Margaret Jolley
13612 Stanford Street
Omaha, NE 68144-2440
Janis Swenson
8042 E. Juan Tabo Rd.
Scottsdale, AZ 85255
Blair McGroarty
3765 S Poplar St.
Denver CO 80237
Grantee: City of Fort Worth, Texas, a municipal corporation
Grantee's Mailing Address: 1000 Throckmorton Street, Fort Worth, Texas 76102
Consideration:
The sum of One Dollar ($1.00) and other valuable consideration paid by Grantee, the receipt
whereof is hereby acknowledged, and the further consideration of the covenants and agreements
hereinafter set out.
Property (including any improvements):
Those certain tracts of real property identified as Tract No. One and Tract No. Two at the
attached Exhibit A, which is attached hereto and incorporated herein by reference
220926v19 Page 12 of 18
Reservations from Conveyance and Exceptions to Conveyance and Warranty:
The said Tract No. One is conveyed for improvement and use as a public park under the name
Boaz Park, and the Grantee covenants and agrees to maintain the same through its proper Department for
such use under said name; the Grantee also agrees to open and construct a proper roadway or entrance for
vehicle and pedestrian travel from the Fort Worth and Gianbury Road (State Highway No. 10) into said
park within a reasonable time after this conveyance and thereafter maintain the same, said entrance to be
substantially opposite the terminus of what is known as the Fort Worth and Benbrook road (also known as
Stove Foundry Road), as now located, and further agrees that a zone one hundred (100) feet wide
adjoining said Fort Worth and Granbury road extending from the Northeast corner of said park South to
the rail -road right of way shall never be used for commercial purposes. Abandonment of the use and
maintenance of said tract for park purposes or change in the said name thereof, shall operate to defeat this
conveyance and revert the title to and possession of said tract unto the Grantor Z Boaz and his heirs.
With respect to Tract No. Two, the same is conveyed for development and use as a municipal
golf course, and shall be so used for a period of at least ten years from date of this deed, and thereafter for
such course or for park purposes as the City may determine. The Grantee, through its Park Department,
covenants and agrees to provide for a first-class municipal golf course on said tract and to expend in
developing such course and appurtenances at least $30,000.00 within two years after date hereof, which
development shall be planned and money expended as shall be approved by the City Council; said
expenditure shall be deemed consideration for and a condition subsequent under this conveyance of said
tract. Abandonment of the use and maintenance of said tract for golf or park purposes, for which
conveyance is made as herein set out, shall operate to defeat this conveyance and revert the title to and
possession of said tract unto the Grantor and their heirs.
Notwithstanding anything to the contrary contained or implied elsewhere herein, Grantor for
Grantor and Grantor s heirs, successors and assigns forever hereby reserves, retains, and excepts from
this conveyance an undivided forty percent (40%) interest in and to all of the oil, gas and other minerals
in, on, and under and that may be produced from the Property; provided, however, that Grantor hereby
expressly waives any and all rights to utilize the surface estate of the Property for any purpose whatsoever
in connection with such oil, gas, or other minerals, including, but not limited to, drilling, extraction,
production, or other exploration, or mining for oil, gas, or other minerals, or the storage or transportation
thereof Such waiver shall not, however, restrict or prohibit the pooling or unitization of the mineral
estate reserved by Grantor hereunder with other mineral estates for the exploration or production of the
oil, gas, and other minerals by means of wells that are drilled or mines that open on land other than the
Property, but enter or bottom under the Property provided that such operations (a) in no manner interfere
with the surface or subsurface support of any improvements constructed or to be constructed on the
Property, and (b) comply with all applicable rules, regulations, ordinances, and laws.
Grantee is hereby permitted to lease any or all of the portion of the mineral estate conveyed to
Grantee hereunder and Grantor acknowledges that if the terms, conditions and restrictions contained
herein are complied with, the Grantee's lease of the mineral estate conveyed to the Grantee hereunder will
not be considered an abandonment of the use and maintenance of said tract or tracts for golf or park
purposes; provided, however, that Grantee hereby expressly waives any and all rights to utilize the
surface estate of the Property for any purpose whatsoever in connection with such oil, gas, or other
minerals including but not limited to, drilling, extraction, production, or other exploration or mining for
oil, gas, or other minerals or the storage or transportation thereof. Such waiver by Grantee shall not,
however, restrict or prohibit the pooling or unitization of the mineral estate conveyed by Grantor to
Grantee hereunder with other mineral estates for the exploration or production of the oil, gas, and other
minerals by means of wells that are drilled or mines that open on land other than the Property, but enter or
bottom under the Property, provided that such operations (a) in no manner interfere with the surface or
220926v19 Page 13 of 18
subsurface support of any improvements constructed or to be constructed on the Property, and (b) comply
with all applicable rules, regulations, ordinances, and laws.
Grantor, for the Consideration and subject to the Reservations from Conveyance and Exceptions
to Conveyance and Warranty, grants, sells and conveys unto the said City of Fort Worth, a municipal
corporation, for the purposes and uses herein stated, the Property, to have and to hold the above described
two tracts of land, together with all and singulai the rights and appurtenances thereto in anywise
belonging, except as expressly reserved to Grantor herein, unto the said City of Fort Worth, a municipal
corporation, and its successors, forever for the uses aforesaid• and we do hereby bind ourselves and our
heirs, executors and administrators, to Warrant and Forever Defend, all and singular the said premises
unto the said City of Fort Worth and its successors against every person whomsoever lawfully claiming
or to claim the same or any part thereof.
The said tracts of land are vacant, and not used or occupied by Grantor as a homestead, and
Grantor severally covenant that neither of the said tracts or any part thereof has any homestead
connections.
This Correction Warranty Deed is made as a correction deed in substitution of the July 13,
1928 deed recorded at Volume 1036, Page 125 in the Real Property Records of Tarrant County,
Texas (the "Corrected Deed"), to include, among other things: (1) a reservation unto Grantor of an
undivided forty percent (40%) interest in and to all of the oil, gas, and other minerals in, on, and
under and that may be produced from the Property; and (2) an acknowledgement by Grantor that
Grantee's lease of the mineral estate conveyed to the Grantee hereunder will not be considered an
abandonment of the use and maintenance of said tract or tracts for golf or park purposes, provided
that the terms, conditions and restrictions contained herein are complied with. As evidenced by
Grantee's signature below, Grantee accepts this Correction Warranty Deed. Other than the
corrections contained herein, this Correction Warranty Deed is intended to restate in all respects
the Corrected Deed, and the effective date of this Correction Warranty Deed relates back to the
effective date of the Corrected Deed. This Correction Warranty Deed does not alter or amend any
conveyance made by N.A. Dodge to the Grantee and, therefore, no representative or heir of N.A.
Dodge has executed this Correction Warranty Deed.
When the context requires, singular nouns and pronouns include the plural.
[Signatures on Following Page]
220926v19 Page 14 of 18
GRANTOR (By Grantor's Heirs):
Eilene Muncie Rall Minch by her agent and
Attorney -in -Fact, Thomas M. Rall, pursuant to a
Statutory Durable Power of Attoiney dated April 17, 2002
Olive Ellis Greenwald
Margaret Jolley
Janis Swenson
Blair McGroarty
GRANTEE
CITY OF FORT WORTH, TEXAS
By:
Printed Name.
Title:
Date executed:
•
APPROVED AS TO FORM AND LEGALITY:
By:
Printed Name.
Title:
Date executed:
220926v19 Page 15 of 18
ACKNOWLEDGEMENT
STATE OF §
COUNTY OF §
This instrument was acknowledged before me on the day of , 20
by Thomas M. Rall as attorney -in -fact on behalf of Eilene Muncie Rall Minch.
Notary Public, State of
ACKNOWLEDGEMENT
STATE OF
COUNTY OF §
This instrument was acknowledged before me on the day of , 20
by Olive Ellis Greenwald.
Notary Public, State of
ACKNOWLEDGEMENT
STATE OF §
COUNTY OF §
This instrument was acknowledged before me on the day of , 20
by Margaret Jolley.
Notary Public, State of
ACKNOWLEDGEMENT
STATE OF §
COUNTY OF §
This instrument was acknowledged before me on the day of , 20
by Janis Swenson.
Notary Public, State of
220926v19 Page 16 of 18
ACKNOWLEDGEMENT
STATE OF §
COUNTY OF §
This instrument was acknowledged before me on the day of , 20
by Blair McGroarty.
Notary Public, State of
ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of , 20 by
as of the City of Fort Worth, Texas, a home
rule municipal corporation organized under the laws of the State of Texas, on behalf of said City.
STATE OF TEXAS
COUNTY OF
Notary Public, State of Texas
ACKNOWLEDGEMENT
This instrument was acknowledged before me on the day of . 20 by
as of the City of Fort Worth, Texas, a home
rule municipal corporation organized under the laws of the State of Texas, on behalf of said City.
Notary Public, State of Texas
AFTER RECORDING RETURN TO:
Bourland, Wall & Wenzel, P.0
301 Commerce Street Suite 1500
Fort Worth, Texas 76102
220926v19 Page 17 of 18
EXHIBIT A
TRACT NO. ONE:
Parts of the B. J. Foster and J. S. Wilburn Surveys, situated about 8 miles southwest from the
courthouse, in Tarrant County, Texas:
Beginning at a stake in the north line of the said B. J. Foster Survey, where it is intersected by the
west line of the New Fort Worth and Granbury road, 471-9/10 varas from the northeast corner of the said
Foster Survey; Thence west along the north line of said Foster Survey 682-9/10 varas to a stake; Thence
south to and along the east line of the 15 acres tract conveyed to S. B. Hamilton by deed of record in Vol.
105, page 542, Tarrant County, deed records, in all 425-3/10 varas to an iron pin; thence west 249-1/2
varas; thence south 8 varas; thence west 212 varas to the west line of the said Foster Survey; thence south,
along the west lines of the said Foster and of the said J. S. Wilburn Surveys, at 625 varas the middle of
the track of the Texas & Pacific Ry., and in all 946 7/10 varas to the middle of the said Fort Worth and
Granbury road; thence along the middle of the said road, fifty feet wide, north 66-1/2 east 93-1/2 varas;
and north 59-1/2 east 160 varas; and north 68 east 160 varas; and north 48 east 330 varas; and north 35
east 662 varas, to the middle of the old channel of Walnut creek; thence west 9 varas to the west line of
the said road; thence along said west line, north 35 east 78 varas; and north 18-3/4 east 160 varas; and
north 21-1/4 east 176-1/2 varas to the place of beginning, and containing, exclusive of the right of way of
the said Texas & Pacific Ry. Co., and of the half of the said fifty foot road, one hundred thirty-four and
38/100 acres, of which 127-38/100 acres are embraced within the B. J. Foster, and 7 acres within the J. S.
Wilburn, Surveys.
TRACT NO. TWO.
Parts of the H. Covington and E. Wilburn Surveys, situated about 7 miles south 65 west from the
courthouse, in Tarrant County, Texas:
Beginning at an iron pipe, the southwest corner of block 18 of the Z Boaz Country Place, as the
map of said Country Place appears of record in Vol. 204, Page 93, Tarrant County Deed records; thence
north along the west lines of blocks 18, 17 and 16, in all 1550 feet to a point whence a stake bears south
10 feet; thence east 400 feet to a point whence a stake bears south 10 feet; thence north along the east line
of said block 16 and in all 3003-3/10 feet to the south line of the old Weatherford road; thence along said
road line, south 88 west 1420 feet to a stake; thence south 1256 feet to a stake; thence west 420 feet to a
stake; thence south 726 feet to a stake; thence east 420 feet to a stake; thence south 2397.4 feet to a stake
in the north line of the present Fort Worth and Weatherford road; thence along said road line, south 83
east 1026-4/10 feet to the place of beginning, and containing about one hundred and forty acres.
220926v19 Page 18 of 18
Chakrathouk, Manivanh
From. Lacker, Judy
Sent: Wednesday, August 31, 2011 11:14 AM
To: Chakrathouk, Manivanh
Subject: RE: CintractL Mineral Agreement
Thanks for being so vigilant.
In this instance, there was no M&C.
Judy L Lacker
Assistant to Sarah Fullenwider, City Attorney;
Peter Vaky, Deputy City Attorney; and
Melinda Ramos, Ass't. City Attorney
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
817/392-8006; (Fax) 817/392-8359
Think Green- do not print this email unless necessary
THIS EMAIL AND RESPONSES MAY BE SUBJECT TO TEXAS OPEN RECORDS LAWS. PLEASE RESPOND ACCORDINGLY.
From: Chakrathouk, Manivanh
Sent: Wednesday, August 31 2011 10:32 AM
To: Lacker, Judy
Subject: CintractL Mineral Agreement
Hello Judy,
Please advise if this contract requires an M&C? If so, please provide a printed hard copy to City Secretary's Office.
Thank you,
Manivanh.Chakrathouk cr fortworthgov.org