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Home My WebLink AboutContract 33004 ITY SECfY� LEASE AMENDMENT 'n�'' ' ►�ACT NO.NC7. STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § WHEREAS,on the 28''day of April,2005,City of Fort Worth,a home rule municipal corporation of the State of Texas located within Tarrant,Denton and Wise Counties,Texas,as Lessor executed and delivered to Dale Resources, L.L.C., as Lessee, an Oil and Gas Lease, said lease being recorded by Memorandum as Instrument D205144961,of the Official Public Records of Tarrant County,Texas,(said lease being hereinafter referred to as the "Lease"),covering the following described lands in Tarrant County,Texas: Tract 1 5.383 acres of land,more or less,located in the James Blackwell Survey,Abstract No. 148,A.C.Warren Survey,Abstract No.687,and the John Lynch Survey,Abstract No.942,Tarrant County,Texas,being a 60 foot wide strip of land dedicated to the City of Forth Worth as Right-Of-Way,being described in Gateway Park Addition,an addition to the City of Fort Worth,Tarrant County,Texas,according to the plat recorded in Cabinet A, Slides 3 and 4, Plat Records, Tarrant County, Texas. Said 5.383 acres of land being more particularly described as follows: Beginning at a 518"iron rod stamped"City of Fort Worth"found at the Northeast corner of Block 1,in said Gateway Park Addition,said point being the beginning of a curve to the left,of which the radius point lies S02°29'23"E,a radial distance of 2,288.46 feet; THENCE along the North line of said Block 1 as follows: 1.)Westerly along said curve to the left,a distance of 382.86 feet,a central angle of 09°35'08",and a chord bearing S82°43'03"W 382.41 feet to apoint; 2.)S77°55'29"W,a distance of 1,598.95 feet to an 1/2"iron rod found at the beginning of a curve to the right; 3.)Westerly,563.76 feet,along said curve to the right, having a radius of 2,788.60 feet,a central angle of 11'35'00"and a chord bearing S83°42'59"W 562.80 feet to a 3/4"iron rod found; 4.)S89°30'29"W,at 1,309.26 feet passing the Northwest corner of said Block 1,in all a distance of 1,359.26 feet to an 1/2"iron rod stamped"Precise"found at the Northwest corner of Block 4,in said Gateway Park Addition: THENCE N00°01'56"W,a distance of 60.00 feet to a point; THENCE N89°30'29"E,a distance of 1,358.29 feet to a point at the beginning of a curve to the left; THENCE easterly,551.63 feet,along said curve to the left,having a radius of 2,728.60 feet,a central angle of 11°35'00"and a chord bearing N83°42'59"E 550.69 feet to a point; THENCE N77°55'29"E.a distance of 1,598.95 feet to a point at the beginning of a non tangent curve to the right; THENCE easterly,396.03 feet along said non tangent curve to the right,having a radius of 2,348.46 feet,a central angle of 09°39'43"and a chord bearing N82°44'59"E,395.56 feet to a point; THENCE S00°01'26"W,a distance of 60.11 feet to the point of beginning,containing 5.383 acres of land. The bearings recited hereon are oriented to Gateway Park Addition,Cabinet A,Slides 3 and 4,Plat Records, Tarrant County,Texas. Tract 2 25.48 acres of land,more or less,out of the Enoch Johnson Survey,Abstract No.852,the J.Lynch Survey, Abstract No.942 and the P.T.Welch Survey,Abstract No. 1642,more particularly described by metes and bounds in that certain Warranty Deed dated October 14,1955 from O'Della Draughon to the Texas Turnpike Authority,recorded in Volume 2919,Page 522 of the Deed Records of Tarrant County,Texas. WHEREAS,it is the desire of Lessor and Lessee to amend the Lease by replacing the Dr 11OFFI Q tB p�ID and Continuous Drilling of Wells Provision. CITY SKI��Ib3idY FT, WORTH, YEN. NOW,THEREFORE,in consideration of the premises and$10.00 and other valuable consideration,the receipt and sufficiency of which are hereby acknowledged,Lessor and Lessee do hereby amend the Lease by deleting provision"6. Drilling Commitment and Continuous Drilling of Wells"in its entirety and in its place insert the following: 6. CONTINUOUS DRILLING At the expiration of the primary term this Lease shall remain in full force and effect for so long as Lessee is conducting Continuous Drilling Operations(as herein defined). Lessee shall be considered to be engaged in Continuous Drilling Operations at the expiration of the primary term if: (1) Lessee is then engaged in drilling operations on the leased premises or lands pooled therewith or(2)Lessee has completed a well as a producer or as a dry hole within ninety(90)days prior to the expiration of the primary term. Lessee also shall be considered to be engaged in Continuous Drilling Operations for so long thereafter as Lessee conducts drilling operations on the leased premises,or lands pooled therewith,with due diligence and with intervals of no more than ninety(90)days between the date of completion of one well and the date of commencement of drilling operations on an additional well. "Completion"shall be considered to be the date of release of the completion rig for a completed well,but in no event more than ninety days following the release of the drilling rig. In the case of a dry hole,"completion"shall be considered to be the date of release of the drilling rig. "Commencement"shall be the actual spud date of a well. Continuous Drilling Operations shall be deemed to have ceased upon the failure of Lessee to commence drilling operations on an additional well within such 90 day period. When the Continuous Drilling Operations cease,the provisions of Paragraph 7 will be applicable." 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 Dale Resources,L.L.C. the present owner of said Lease,the 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. EXECUTED this.o� day of it),-) V. 2005,but for all purposes effective as of the date of the Lease. LESSOR: F WORT By: Marc A.Ott,Assis anCity M r --- ATTEST: NO kf&(: t[: -� `'+ti'Y P t CV\fa City Secretary APPROVED AS TO FORM AND LEGALITY: Assistant City A orney W9RIIIIAII ►S5RR4�ND z�iQQla��pp�5lp�iap��T� LESSEE: r esources,L.L.C.wrence B.Daleresident ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF TARRANT § Before me,a Notary Public,on this day personally appears Marc A.Ott,Assistant City Manager of the City of Fort Worth,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same is the act of the City of Fort Worth,and that he executed the same as its City Manger,for the purposes and consideration expressed in the foregoing instrument. +►, ,�,�_ Notary Public,State of Texas Notary's name(printed): HE7TIE LANE COMMlsslON Notary's commission expires: July 26,2007PIRES STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on theme day af�,(1�P ��( 12005, by Lawrence B.Dale,as President of Dale Resources,L.L.C.,a Texas limited liability company on behalf of said limited liability company. --------------- ANN F.VANDENBERG in `1 NUfaly F-04L stale of teaas , My%ommissmn EaDoes 02.13-09 Notary Public,State of Texas Notary's name(printed): Notary's commission expires: MR