HomeMy WebLinkAboutContract 42356 CITY SECRETARYa 5 _
CONTRACT NO.
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.
AMENDMENT OF OIL, GAS AND MINERAL LEASE
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
WHEREAS, on May 13, 2011 the CITY OF FORT WORTH, a home rule municipal
corporation of the State of Texas located within Tarrant, Denton, and Wise Counties, Texas
(hereinafter referred to as Lessor"), executed an Oil and Gas Mineral Lease (the "Lease") by and
between CHESAPEAKE EXPLORATION, LLC, an Oklahoma limited liability company
(hereinafter referred to as "Lessee"), whose address is P. O. Box 18496, Oklahoma City,
Oklahoma 73154-1496;
WHEREAS, a Memorandum of the lease is recorded as Instrument Number
D2 1 1 1 67685 in the Official Public Records of Tarrant County, Texas, and said agreement covers
the lands described in the attached EXHIBIT A;
WHEREAS, since the execution and delivery of the Lease, it has been discovered that
the pooling provision of said Lease is inadequate for the benefit of both parties, and thus, the
Lessor and Lessee desire to amend the pooling provision of the Lease in order to more effectively
develop the Lands contained with the hereinabove described Lease;
NOW THEREFORE, for and in consideration of Ten and No/100 Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged and confessed, the Lessor and Lessee do hereby amend the Lease as follows:
5.
POOLING
Lessee, upon the prior written consent of Lessor, which shall not be unreasonably
withheld, is hereby given the right to pool or combine the acreage covered by this
Lease or any portion thereof as to oil and gas, or either of them with any other
land, lease or leases in the immediate vicinity thereof to the exlR Winaf ORD
Clyy sEcKETARY
FT.WORTH,TX
stipulated, when it is necessary or advisable to do so in order to properly explore,
or develop, produce and operate said leased premises in compliance with the
spacing rules of the appropriate lawful authority, or when to do so would
promote the conservation of oil and gas in and under and that may be produced
from said premises. Should Lessee desire to exercise its pooling right as to any
part of the land, Lessee shall first provide written notice to Lessor at The City of
Fort Worth, Attention: Planning and Development Department, 1000
Throckmorton Street, Fort Worth, Texas 76102. Lessee shall provide three (3)
copies of the notice to the Lessor which shall include a plat of the proposed
pooled tract intended to be pooled. Furthermore, Lessee shall describe the
amount of the leased premises intended to be included within the pooled unit and
the total amount of the proposed pooled unit. Lessor shall have forty-five (45)
days following its receipt of the pooling notice to approve or reject the proposed
pooled tract by notice to Lessee. If Lessor does not provide notice of approval or
rejection within such forty-five (45) day period, the proposed pooled tract shall
be deemed approved by Lessor on the forty-sixth day following its receipt of the
pooling notice. In the absence of field rules, units pooled for oil and gas
hereunder shall not exceed the acreage provided for retained acreage tracts in
Section 7. Lessee, under the provisions hereof, may pool or combine acreage
covered by this Lease or any portion thereof as above provided as to oil in any
one or more strata and as to gas in any one or more strata. The units formed by
pooling as to any stratum or strata need not conform in size or area with the unit
or units into which the Lease is pooled or combined as to any other stratum or
strata, and oil units need not conform as to area with gas units. The pooling in
one or more instances shall not exhaust the rights of the Lessee hereunder to pool
this Lease or portions thereof into other units. Lessee shall file for record in the
appropriate records of the county in which the leased premises are situated an
instrument describing the pooled acreage as a pooled unit. In this regard, Lessee
shall provide Lessor with a copy of any and all documents filed with any
regulatory authority or recorded in the records of any county within thirty (30)
days of filing such documents. Upon the recordation of the unit in the county
records and the timely furnishing of the copies required herein to Lessor the unit
shall be effective as to all parties hereto, their heirs, successors, and assigns,
irrespective of whether or not the unit is likewise effective as to all other owners
of surface, mineral, royalty or other rights in land included in such unit. Lessee
may at its election exercise its pooling option before or after commencing
operations for or completing an oil or gas well on the leased premises, and the
pooled unit may include, but it is not required to include, land or leases upon
which a well capable of producing oil or gas in paying quantities has theretofore
been completed or upon which operations for the drilling of a well for oil or gas
have theretofore been commenced. In the event of operations for drilling on or
production of oil or gas from any part of a pooled unit which includes all or a
portion of the land covered by this Lease, such operations shall be considered as
operations for drilling on or production of oil and gas from land covered by this
Lease whether or not the well or wells be located on the premises covered by this
Lease and in such event operations for drilling shall be deemed to have been
commenced on said land within the meaning of this Lease. For the purpose of
computing the royalties to which owners of royalties and payments out of
production and each of them shall be entitled on production of oil and gas, or
either of them, there shall be allocated to the land covered by this Lease and
included in said unit (or to each separate tract within the unit if this Lease covers
separate tracts within the unit) a pro rata portion of the oil and gas, or either of
them, produced from the pooled unit. Royalties hereunder shall be computed on
the portion of such production, whether it be on oil and gas, or either of them, so
allocated to the land covered by this Lease and included in the unit just as though
such production were from such land. The production from an oil well will be
considered as production from this Lease or oil pooled unit from which it is
producing and not as production from a gas pooled unit; and production from a gas
well will be considered as production from this Lease or gas pooled unit from
which it is producing and not from an oil pooled unit. The formation of any unit
hereunder shall not have the effect of changing the ownership of any delay rental
or shut-in production royalty which may become payable under this Lease. If
this Lease now or hereafter covers separate tracts, no pooling or unitization of
royalty interest as between any such separate tracts is intended or shall be
implied or result merely from the inclusion of such separate tracts within this
Lease but Lessee shall nevertheless have the right to pool as provided above with
consequent allocation of production as provided above. As used in this
paragraph, the words "separate tract" mean any tract with royalty ownership
differing, now or hereafter, either as to parties or amounts, from that as to any
other part of the leased premises. Notwithstanding anything to the contrary
therein above, all of the leased premises contained in this lease shall be included
in a unit unless Lessee is able to demonstrate that for prudent development
purposes only a portion of the lease should be included in a unit. In such cases,
at least 50% of the leased premises must be included in the unit.
The last sentence from the above paragraph, "In such cases at least 50% of the leased
premises must be included in the unit"is hereby deleted in its entirety, and the following sentence
is added to Paragraph 5 "Pooling" and this paragraph of the lease is hereby amended to include
the following additional sentence, to wit:
Chesapeake or Lessee can pool all or any part of leased premises into a unit or
units so long as such unit is no greater than the lease described in the attached
EXHIBIT A and all of the leased premises is included in a unit or units.
The Lessor does by these presents ratify, confirm and adopt the Lease and the addendum
thereto as amended hereby, and do further grant, let, lease and demise unto the Lessee all of the
land described therein, together with all rights thereunder, under the same terms and conditions
contained in the original lease, except as herein amended.
Executed by each party on the date set forth in their respective acknowledgments below,
but effective for all purposes as of the date such instrument is filed for recording in the office of
the county clerk.
LESSOR:
CITY OF FORT WORTH
By: Fernando Costa
Its: Assistant City Manager
ATTEST:
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Its: City Secretary P(�0o"'i d
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APPROVED AS TO FORM AND LEGALITY: a� ) X� "J
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Its: A sistant City Attorney
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
LESSEE:
CHESAPEAKE EXPLORATION,L.L.C.,
An Oklahoma limited liability com y
By: Henry J. Hood /
Its: Senior Vice President— and Legal &
General Counsel kQ�'
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on thisa?l T day of A ,
2011,by Fernando Costa,as Assistant City Manager, of CITY OF FORT WO H.
otary Public, State of Texas
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Notary's name (printed) :''�"� EVONIA DANIELS
My commission expires: "��'' nw c eMMissIon EXPIRES
••+,�pF,tt" Ju�y 10,2013
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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ACKNOWLEDGMENT
STATE OF OKLAHOMA §
COUNTY OF OKLAHOMA §
Before me,the undersigned, a Notary Public in and for said County and State, on this5{
day ofM , 2011, personally appeared Henry J. Hood, Senior Vice President-Land
and Legal&General Counsel of CHESAPEAKE EXPLORATION,L.L.C.,an Oklahoma
limited liability company,to me known to be the identical person who subscribed the name of the
maker thereof to the foregoing instrument and acknowledged to me that he executed the same as
his free and voluntary act and deed and as the free and voluntary act and deed of such
corporation, for the uses and purposes therein set forth.
Given under my hand and seal the day and year last above written.
"H'U ,6 Notary P1.101c Sta e f Oklahoma
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My Commission Expires_
My Commission Number- EX 12 09/14/15
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RECORDRETARYTH, TX
EXHIBIT A
1,365.8 acres,more or less,located within the following surveys:Jacob Wilcox Survey,A-1715,
Jacob Wilcox Survey,A-1716,M.De La Garza Survey,A-616,Moses Townsend Survey,A-
1552,A.M.Clear Survey,A-360 and the J.M.Basquis Survey,A-85 and being all mineral
interest owned by The City of Fort Worth within the area labeled as Zone 3A as outlined on the
map attached as Exhibit B.
LESS&EXCEPT 63.0637 acres,more or less,described in the following 14 tracts:
TRACT 1
Lot 10A1,Block 16,Lake Worth Leases,being a portion of Lot 10A,Blk 16,Lake Worth Leases
Addition,an addition to the City of Fort Worth,Tarrant County,Texas,being part of the Jacob
Wilcox Survey,Abstract Number 1716,described in that certain Warranty Deed,recorded in
Instrument D207412382,described by metes and bounds as follows:
BEGINNING at a'lz inch iron capped RPLS 1983 found in the south line of Surfside Drive said
iron being the most easterly northeast corner of said Lot 10-A and the northwest corner of Lot
10-13,Block 16;
THENCE South 06 degrees 45 minutes 25 seconds West, 135.47 feet to a%2 inch iron capped
RPLS 1983;
THENCE South 08 degrees 24 minutes 12 seconds East 59.06 feet to a%z inch iron capped RPLS
1983;
THENCE South 00 degrees 54 minutes 07 seconds West 51.31 feet to a point from which pk nail
bears South 75 degrees 00 minutes 29 seconds East,0.73 feet;
THENCE South 72 degrees 26 minutes 22 seconds West 56.48 feet to a point;
THENCE North 89 degrees 07 minutes 19 seconds West 31.08 feet to a point;
THENCE North 00 degrees 49 minutes 22 seconds East at 75.19 feet passing a%2 inch iron
capped Lone Star RPLS 5746 set continuing in all
152.23 feet to a'/2 inch iron capped Lone Star RPLS 5746 set;
THENCE North 28 degrees 13 minutes 27 seconds West 7.05 feet to a 1/2 inch iron capped Lone
Star RPLS set;
THENCE North 33 degrees 51 minutes 15 seconds East 6.28 feet to a''/2 inch iron capped Lone
Star RPLS set;
THENCE North 00 degrees 49 minutes 22 seconds East 111.57 feet to a%inch iron capped
Lone Star RPLS set;
THENCE 80 degrees 49 minutes 57 seconds East,with the south line of said Surfside Drive,
90.12 feet to the POINT OF BEGINNING and containing 3.700 acres of land,more or less.
TRACT2
Lot 10A2,Block 16,Lake Worth Leases,being a portion of Lot 10A,Blk 16,Lake Worth Leases
Addition,an addition to the City of Fort Worth,Tarrant County,Texas,being part of the Jacob
Wilcox Survey,Abstract Number 1716,described in that certain Warranty Deed,recorded in
Instrument D207412382,described by metes and bounds as follows:
BEGINNING at a%z inch iron capped RPLS 1983 found in the south line of Surfside Drive said
iron being the most easterly northeast corner of said Lot 10-A and the northwest corner of Lot
10-13,Block 16;
THENCE South 06 degrees 45 minutes 25 seconds West, 135.47 feet to a yz inch iron capped
RPLS 1983;
THENCE South 08 degrees 24 minutes 12 seconds East 59.06 feet to a%z inch iron capped RPLS
1983;
THENCE South 00 degrees 54 minutes 07 seconds West 51.31 feet to a point from which pk nail
bears South 75 degrees 00 minutes 29 seconds East,0.73 feet;
THENCE South 72 degrees 26 minutes 22 seconds West 56.48 feet to a point;
THENCE North 89 degrees 07 minutes 19 seconds West 31.08 feet to a point;
THENCE North 00 degrees 49 minutes 22 seconds East at 75.19 feet passing a%inch iron
capped Lone Star RPLS 5746 set continuing in all 152.23 feet to a'h inch iron capped Lone Star
RPLS 5746 set;
THENCE North 28 degrees 13 minutes 27 seconds West 7.05 feet to a%z inch iron capped Lone
Star RPLS set;
THENCE North 33 degrees 51 minutes 15 seconds East 6.28 feet to a'/2 inch iron capped Lone
Star RPLS set;
1 OIL AND GAS LEASE-LAKE WORTH 3A
THENCE North 00 degrees 49 minutes 22 seconds East 111.57 feet to a'!2 inch iron capped
Lone Star RPLS set;
THENCE 80 degrees 49 minutes 57 seconds East,with the south line of said Surfside Drive,
90.12 feet to the POINT OF BEGINNING and containing 0.5600 acres of land,more or less
TRACT 3
Lots 11 & 12,Block 16,Lake Worth Leases Addition,an addition to the City of Fort Worth,
Tarrant County,Texas,being part of the Jacob Wilcox Survey,Abstract Number 1716,as
described in that certain Plat,recorded in Cabinet A,Slide 1375,Plat Records,Tarrant County,
Texas,containing 1.480 acres more or less.
TRACT 4
Lots 1R, 1R1,2R,2R1,4R1,4R2,5R,5RI,6R,6R1,8AR1,8AR1A,9R-1, LORI, 12R,
13R,14R, 14R1, 15R, 15R1,16R, 17R,18R,19R,22R,23R,23R1,24R,25R,26R,28R,29R,
30R,31R,32R,33R,and 36R Block 17,Lake Worth Leases Addition,an addition to the City of
Fort Worth,Tarrant County,Texas,being part of the J.Wilcox Survey,Abstract Number 1716,
as described in that certain Plat,recorded in Volume A,Page 5107,Tarrant County,Texas,
containing 24.3000 acres of land more or less.
TRACT 5
Lots 3R and 3R1,and a portion of Lot 4R,Block 17,Lake Worth Leases Addition,an addition to
the City of Fort Worth,Tarrant County,Texas,being part of the J.Wilcox Survey,Abstract
Number 1716,as described in that certain Plat,recorded in Volume A,Page 5107,Tarrant
County,Texas. Described by metes and bounds as follows found in Document Number
D205159834:
BEGINNING at a p.k.nail found in rock(Control Monument)in the Northwest line of
Watercress Road for the Southeast corner of said Lot 3R same being the Southwest corner of Lot
2R of said Lake Worth Leases,said p.k.nail being South 48 degrees 26 minutes 56 seconds East
(base bearing per plat in Cabinet A,Slide 5107-5110,P.R.T.C.T.),235.25 feet from a 5/8"
capped Brook Baker rebar rod found(Control Monument)in the South line of Jarvis Way for the
Northwest corner of Lot 3R same being the Northeast corner of said Lot 4R;
THENCE South 67 degrees 48 minutes 07 seconds West, 115.08 feet along the Northwest line of
Watercress Road same being the Southeast line of Lot 3R to a 5/8"rebar rod found for the
Southwest corner of Lot 3R same being the Southeast corner of said Lot 4R;
THENCE North 22 degrees 37 minutes 49 seconds West 55.16 feet along the common line
between Lots 3R and 4R to a 5/8"rebar rod found;
THENCE North 23 degrees 30 minutes 52 seconds West,76.24 feet to 5/8"rebar rod found;
THENCE North 18 degrees 58 minutes 33 seconds West,40.12 feet to an angle iron found in the
common line between Lots 3R and 4R;
THENCE North 15 degrees 38 minutes 54 seconds West,44.82 feet to a 5/8"rebar rod found in
the South line of Jarvis Way same being the North line of Lot 4R;
THENCE 50.44 feet along the South line of Jarvis Way same being the North line of Lots 3R
and 4R in curve concave to the North whose radius is 50.00 feet and chord is North 83 degrees
51 minutes 33 seconds East,48.33 feet to a 5/8"capped Brooks Baker rebar rod found;
THENCE North 55 degrees 14 minutes 12 seconds East,33.92 feet along the South line of Jarvis
Way same being the North line of Lot 3R to a 5/8"capped Brooks Baker rebar rod found for the
Northeast corner of Lot 31Z same being the Northwest corner of Lot 2R;
THENCE South 39 degrees 10 minutes 27 seconds East,91.27 feet along the common line
between Lots 3R and 2R to a%"capped 1983 rebar rod set;
THENCE South 23 degrees 54 minutes 29 seconds East, 122.73 feet continuing along the
common line between Lots 31Z and 2R to the POINT OF BEGINNING and containing 22,159
square feet or 0.5000 acres of land more or less.
TRACT 6
Lot 9R2A,Block 17,Lake Worth Lease,being a portion of Lot 9R,Block 17,Lake Worth
Leases,an addition to the City of Fort Worth,Tarrant County,Texas,being part of the A.M.
Clear Survey,Abstract Number 360,and the J.Wilcox Survey,Abstract Number 1716,as
described in that certain Plat,recorded in Cabinet A,Slide 5107,Plat Records,Tarrant County,
Texas.Described in that certain Warranty Deed,recorded in Volume 16375,Page 178,metes
and bounds as follows:
BEGINNING at a P.K.nail set for the most northerly corner of Lot 9R-2;
2 OIL AND GAS LEASE-LAKE WORTH 3A
THENCE South 44 degrees 16 minutes 28 seconds East a distance of 118.5 feet along the
northeasterly line of Lot 9R-2 to a''/z"iron pin set with cap marked,"AREA SURVEYING';
THENCE South 45 degrees 43 minutes 32 seconds West a distance of 22.70 feet to an"X"cut in
concrete;
THENCE North 33 degrees 24 minutes 03 seconds West a distance of 120.31 feet to the POINT
OF BEGINNING, Containing 0.031 acres of land more or less.
TRACT 7
Lot 9R2R,Block 17,Lake Worth Leases,being a revision of Lots 9R-2 and l OR-2,Block 17,
Lake Worth Leases,an addition to the City of Fort Worth,Tarrant County,Texas,being part of
the J.Wilcox Survey,Abstract Number 1716,according to the Plat thereof as recorded in
Volume B,Page 2513,Plat Records of Tarrant County,Texas,containing 0.6155 acres of land
more or less.
TRACT 8
Lot 9R3,Block 17,Lake Worth Leases,being a portion of Lot 9R,Block 17,Lake Worth
Leases,an addition to the City of Fort Worth,Tarrant County,Texas,being part of the A.M.
Clear Survey,Abstract Number 360,described in that certain Warranty Deed,recorded in
Volume 16375,Page 178,metes and bounds as follows:
BEGINNING at the most northerly northwest corner of Lot 9R,
THENCE the following courses and distances along the east line of Lot 9R;South 89 degrees 55
minutes 44 seconds East a distance of 46.57 feet; South 54 degrees 04 minutes 45 seconds East
distance of 25.98 feet;South 60 degrees 19 minutes 47 seconds East a distance of 28.68 feet;
South 04 degrees 09 minutes 53 seconds West a distances 122.02 feet; South 17 degrees 19
minutes 37 seconds East a distance of 57.14 feet to northerly line of Watercress Road and to the
southeast comer of said Lot 9R;
THENCE North 44 degrees 16 minutes 31 seconds West a distance of 229.43 feet to a point in
the westerly line of Lot 9R;
THENCE North 00 degrees 04 minutes 16 East a distance of 102.38 feet to the POINT of
BEGINNING,said described tract containing 0.502 of an acre of land more or less.
TRACT 9
Lot l OR2R,Block 17,Lake Worth Leases Addition,an addition to the City of Fort Worth,
Tarrant County,Texas,being part of the A.M.Clear Survey,Abstract Number 360,as described
in that certain Plat,recorded in Volume B,Page 2358,Tarrant County,Texas,consisting of
0.5552 acres of land more or less.
TRACT 10
Lots 1,3,4,6,7,9,Block 18,Lake Worth Leases Addition,an addition to the City of Fort
Worth,Tarrant County,Texas,being part of the Jacob Wilcox Survey,Abstract Number
1716,and the A.M.Clear Survey,Abstract Number 360,as described in that certain Plat,
recorded in Cabinet A,Slide 5191,Plat Records,Tarrant County,Texas,containing 4.500 acres
more or less.
TRACT 11
Lots 2,3,4,6,7, 8,9, 10, 13, 14, 15, 16, 17 and 20 Block 19,Lake Worth Leases,an addition to
the City of Fort Worth,Tarrant County,Texas,being part of the A.M.Clear Survey,Abstract
Number 360,as described in that certain Plat,recorded in Volume A,Page 6146,Tarrant
County,Texas,containing 8.800 acres of land more or less.
TRACT 12
Lots 21,23,24,25,26,27,28,29,30,31 Block 19,Lake Worth Leases Addition,an addition to
the City of Fort Worth,Tarrant County,Texas,being part of the Jacob Wilcox Survey,Abstract
Number 1716,and the A.M.Clear Survey,Abstract Number 360,as described in that certain
Plat,recorded in Cabinet A,Slide 5216,Plat Records,Tarrant County,Texas,containing 5.6500
acres more or less.
3 OIL AND GAS LEASE LAKE WORTH 3A
TRACT 13
Lots 3,4,5,6,7,8,9A,9B, 10, 11, 13, 14, 16, 17, 19,20,22,23,24 and 26,Block 20,Lake
Worth Leases,an addition to the City of Fort Worth,Tarrant County,Texas,being part of the
Jacob Wilcox Survey No.33,Abstract Number 1716 and the A.M.Clear Survey,Abstract
Number 360,as described in that certain Final Plat,recorded in Cabinet A,at Page 5783,Plat
Records,Tarrant County,Texas,containing 11.0000 acres more or less
TRACT 14
Lot 13,Block 21,Lake Worth Leases,being a portion of,Lot 13,Block 21, Lake Worth Leases,
an addition to the City of Fort Worth,Tarrant County,Texas,being part of the,M.De La Garza
Survey Abstract Number 616 and the A.M.Clear Survey,Abstract Number 360,as described in
that certain Plat,recorded in Cabinet A,at Slide 9273,Plat Records,Tarrant County,Texas,
only that portion of Lot 13,Block 21,Lake Worth Leases,that lay in the M.De La Garza Survey
Abstract Number 616 and containing 0.8700 acres more or less.
Containing 1,302.163 acres,more or less.
(Lake Worth Zone 3A)
4 OIL AND GAS LEASE-LAKE WORTH 3A