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HomeMy WebLinkAboutContract 35462-A1 CITY SECRETAI, CONTRACT NO �"�`A� NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: 1) YOUR SOCIAL SECURITY NUMBER OR 2) YOUR DRIVER'S LICENSE NUMBER. CONSENT TO POOLING&AMENDMENT OF OIL AND GAS LEASE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § THAT WHEREAS, on February b, 2007, City of Fort Worth (hereinafter called "Lessor") did execute and deliver to Vargas Energy, Ltd., an Oil and Gas Lease, which is recorded as Instrument No. D207217942, Official Public Records, Tarrant County, Texas (hereinafter called the "Lease"), covering 17.24 acres, more or less, in Tarrant County, Texas, described as follows to-wit: Block 17, Meadows West Addition, an Addition to the City of Fort Worth, Tarrant County,Texas,according to plat recorded in Volume 388-t 16,Page 83 of the Plat Records,Tarrant County,Texas;and Block 16,Meadows West Addition, Phase III, an Addition to the City of Fort Worth, Tarrant County, Texas, according to plat recorded in Volume 388-115, Page 85 of the Plat Records, Tarrant County,Texas.(hereinafter called the"Land");and WHEREAS, the Lease and all rights and privileges thereunder are now owned by XTO Energy Inc.,whose mailing address is 810 Houston Street,Fort Worth,Texas 76102(hereinafter called"Lessee");and WHEREAS, Paragraph 5 of the Lease grants Lessee, upon the prior written consent of Lessor, which consent shall not be unreasonably withheld, the right to pool or combine the acreage covered by the Lease or any portion thereof as oil and gas, or either of them, with any other land, lease or leases in the immediate vicinity thereof to the extent hereinafter 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. 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;and WHEREAS,Paragraph 14 states this lease may be assigned in whole or in part by Lessee and the provisions shall extend to the heirs,executors,administrators,successors and assigns of the parties hereto;provided,however,that any such assignment by Lessee shall require the prior written consent of Lessor. All transfers by Lessee (including assignments, sales, subleases, overriding royalty conveyances, or production payment arrangements) must be recorded in the county where the lease premises are located, and the recorded transfer or a copy certified to by the County Clerk of the county where the transfer is recorded must be delivered to the Lessor within sixty(60)days of the execution date. WHEREAS,Lessee desires to create a pooled unit which includes Land and other lands not covered by the Lease; NOW, THEREFORE, for adequate consideration, Lessor consents to and approves the creation of a pooled unit for the production of gas and hydrocarbon products produced with gas from the Barnett Shale Formation comprised of the land described on the attached Exhibit"A" and as depicted on the Plat attached hereto as Exhibit `B" and incorporated herein for all purposes(the "Unit"). Lessor and Lessee acknowledge that the Unit will include the Land and other lands not covered by the Lease. For purposes of this Consent to Pooling, Lessor agrees that all operations conducted on any lands included in the Unit shall be considered as operations _� 02-05-09 A09:36 IN conducted on the Land.This Consent to Pooling shall not constitute a waiver of the provisions of Paragraph 5 of the Lease with respect to any other pooling; FURTHERMORE, Lessor and Lessee hereby agree that the formation of said pooled unt and the execution of this Consent To Unit & Amendment Of Oil and Gas Lease fulfills the obligations of Paragraph 5 and includes the approval of the assignment of the Lease to Lessee in Paragraph 14 as shown above. This Consent to Pooling is executed by Lessor as of the date of acknowledgment of Lessor's signature below. LESSOR City of Fort Worth By Assistant City Manager ATTEST: NO M&C ItLQUIRE© City Secretary APPROVED AS TO FORM AND LEGALITY: Assistant Ci Attorney Date: 1- 6-01 LESSEE: XTO Energy Inc. By: e��1- e4 A Edwin S.Ryan,Jr. Senior Vice President—Land Administration THE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me this I day of2M,by for the City of Fort Worth,a home a mum ipal corporation of the State of Texas,on behalf of said home rule municipal corporation. .=, HEMS I ANE €d, µYo0miss"NEx1ikREs N Public in and for the My commission expires: ri, ,z ' 026.20 State of Texas Printed Name of Notary Public THE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me this Ae day of JaN,4,, 204'by Edwin S.Ryan,Jr.,Sr.Vice President-Land Administration of XTO Energy Delaware corporation,on behalf of said corporation. EWTARY LA STATE WOF'RM IgTARMISSIIONEXPIRES; 6CPNRISFIOM F;PIKE7:os-4015-M-2 z Notary Public in and for the My commission expires: State of Texas ar14 f- mi; I s Printed Name of Notary Public 8498-Timber Creek B Unit 11-03.08 EXHIBIT A TIMBER CREEK B UNIT Attached to and made apart of that certain Designation of Unit for the Timber Creek B Unit All that certain lot, tract or parcel of land located in the J. RDGERS SURVEY. ABSTRACT 1264 and the J. SPILLMAN SURVEY, ABSTRACT 1377, both in Tarrant County, Texas, being part of those certain 139.514 acres-(Tract 1 portion), 45.611 acres-(Tract 2 portion) and 0.395 acres-(Tract 3 portion) conveyed to Edwards Geren, Limited by deed recorded in Volume 12915, Page 394, Deed Records, Tarrant County, Texas (D.R.,T.Co.,Tx.); 95,353 acres- (Parcel 39, Part 1)and 1.609 acres-(Parcel 39, Part 2) conveyed to State Highway Commission by deed recorded in Volume 5074, Page 76, D.R.,T.Co.,Tx.; 5.1 acres conveyed to Texas Electric Service Company by deed recorded in Volume 2753, Page 516, D.R.,T.Co.,Tx.;; 7.49 acres conveyed to Texas Electric Service Company by deed recorded in Volume 5435, Page 254, D.R.,T.Co.,Tx; 76,67 acres conveyed to Timber Creek Land and Development Corporation by deed recorded in Volume 13244, Page 184, D.R.,T.Co.,Tx.; 2.155 acres conveyed to Benbrook Water and Sewer Authority by deed recorded in Volume 2945, Page 858, D.R.,T.Co.,Tx.; being part of Block 3 and Tract A-1, all of Black 4 and Block 5 of the Ridglea Country Club Estates, an addition to the Cities of Fort Worth and Benbrook, Tarrant County, Texas recorded by plat in Volume 388-42, Page 31, Plats Records, Tarrant County, Texas (P.R.,T.Co.,Tx.); Block 17 of Meadow West Addition, an addition to the City of Forth Worth, Tarrant County, Texas recorded by plat in Volume 388-116, Page 83, P.R.,T.Co.,Tx.; and Block 16 of Meadow West Addition, Phase III, an addition to the City of Fort Worth, Tarrant County, Texas recorded by plat in Volume 388-116, Page 85, P.R.,T.Co.,Tx. and being more particularly described in one tract as follows: BEGINNING at the Northwest corner of Lot 50, Block 3 of said Ridglea Country Club Estates, said point being the Northwest corner of herein described Timber Creek B Unit; THENCE with the North line of said Unit the following: North 73 degrees 45 minutes 00 seconds East--162.70 feet to a point; North 64 degrees 51 minutes 00 seconds East—345.30 feet to a point; North 72 degrees 17 minutes 00 seconds East—234.80 feet to a point; North 76 degrees 49 minutes 00 seconds East—223.60 feet to a point; North 84 degrees 06 minutes 00 seconds East—145.90 feet to a point; South 73 degrees 13 minutes 00 seconds East—161.00 feet to a point; South 56 degrees 03 minutes 00 seconds East— 109.10 feet to a point; North 47 degrees 30 minutes 00 seconds East— 160,00 feet to a point; South 77 degrees 57 minutes 00 seconds East--189.10 feet to a point; and North 76 degrees 56 minutes 16 seconds East — 272.70 feet to the Northeast corner of said unit, said point being in the East line of said Ridglea Country Club Estates; THENCE with the East cine of said Unit the following; South 05 degrees 37 minutes 16 seconds West—251.20 feet to a point; South 05 degrees 15 minutes 00 seconds East—166.60 feet to a point; South 25 degrees 45 minutes 00 seconds East—222.20 feet to a point; South 32 degrees 41 minutes 00 seconds East—586.77 feet to a point; North 46 degrees 47 minutes 25 seconds East—31.33 feet to a point; South 18 degrees 25 minutes 15 seconds East—100,75 feet to a point; South 02 degrees 25 minutes 16 seconds West— 150.10 feet to a point; South 15 degrees 25 minutes 52 seconds West— 125.89 feet to a point; South 19 degrees 09 minutes 30 seconds East—168.30 feet to a point; South 61 degrees 11 minutes 21 seconds East—311.19 feet to a point; South 48 degrees 27 minutes 13 seconds East—149.68 feet to a point; South 14 degrees 45 minutes 13 seconds East— 124.50 feet to a point; South 03 degrees 22 minutes 08 seconds East— 12.34 feet to a point; South 89 degrees 12 minutes 52 seconds East-- 131.58 feet to the beginning of a non-tangent curve to the right having a radius of 406.00 feet and chord bearing of South 35 degrees 23 minutes 11 seconds West, 596.19 feet; With said curve to the right an arc distance of 669.51 feet to a point; South 82 degrees 37 minutes 40 seconds West—631.51 feet to the beginning of a curve to the left having a radius of 634.00 feet and a chord bearing of South 52 degrees 06 minutes 20 seconds West, 643.98 feet; With said curve to the left an arc distance of 675.48 feet to a point; South 21 degrees 35 minutes 00 seconds West—601.32 feet to the beginning of a curve to the left having a radius of 619.00 feet and chord bearing of South 10 degrees 29 minutes 05 seconds West, 238.11; With said curve to the left an arc distance of 239.81 feet to the Northwest corner of River Bend Road and Bellaire drive South, said point being the beginning of a non-tangent curve to the left having a radius of 345.91 feet and a chord bearing of South 66 degrees 43 minutes 37 seconds West, 110.88 feet; With said curve to the left an arc distance of 111.36 feet to a point; South 57 degrees 30 minutes 15 seconds West—442.31 feet to the beginning of a curve to the left having a radius of 247.39 feet and a chord bearing of South 42 degrees 05 minutes 51 seconds West, 130.94 feet; With said curve to the left an arc distance of 132.52 feet to the Northeast corner of Lot 13, Block 9 of said Meadows West Addition Phase III; North 83 degrees 59 minutes 45 seconds West— 124.76 feet to a point; South 08 degrees 50 minutes 24 seconds West— 114.45 feet to a point; South 62 degrees 56 minutes 44 seconds West— 170.71 feet to a point; South 14 degrees 22 minutes 06 seconds West—248.81 feet to a point; and South 07 degrees 07 minutes 24 seconds West 55.56 feet to the Southeast corner of said Unit, said point being the Southeast corner of said Block 16 of Meadows West Addition Phase III; THENCE with the South line of said Unit the following: South 89 degrees 45 minutes 00 seconds West—141.05 feet to a point; North 25 degrees 35 minutes 12 seconds East—166.21 feet to a point; and Coordinates are North Centra Zone NA027 Grid Coordinates Original 5cale l" = 600 T-1 to r-10 tl 300 600 1200 Graphic Scale in Feei .•.• g 10 tt �a � 12 13 T-42 ' 4 5 8 6 57 565554 l02 150i ............ - T-11 to 7_15 60 59 59 73 7;53 16 CV 7-...... 61 70 7S 72 52 00 . 63 fit 69 g5 76 75 51 17 T-45 fi S7 6 As 83 77 0 to fi4 5 91 90 8 88 S7 $4 82 76 1p 18 92 T-40 38 39 40 41 4z 43 44 85 79 49 T 20 J. RCGERS SURVEY 5 46 47 48 24 271 A-1264 CV 6.•' 57 36 35 34 3 32 31 30 29 28 2726 25 25 22 1 F-39 to T-16 to i-24 T-38 93 94 95 94 97 r, T-25 n TANCE ti �S ti No. Bearing 01st, T-1 N 73.45'00 E 162.70' T-2 N 64^51'00' E 345,30' T-3 N 721rOO' E 234.8' -- - -- T-4 N 76'49'00' E 223.60' 7•-5 N 84106'00' E 145.90- 103 ry T-6 S 7313.00" E 161.00• '.� T-7 5 56'03'00'E 109.10' T-8 N 47.30'00" E 160.00' 96 T-9 S 77.57'00" E 188.10' AREA . 180.631 Ac. 7-10 N 76.56'16' E 272.70' 7-11 S 05'37'16" W 251.20' T-12 S 0515'00' E 166.60' cu T-13 S 2545'00" E 222.20' T-14 S 32'41'00' E 586.77' T-15 N 46.47'25' E 31.33' 1 C`1 R T-16 S 18'25'15" E ]00.75' qti T-17 S 02'25.16" w 150.10' T-18 S 1575'52' W 125.89' r-19 5 19109'30" E 168.30• T-20 S 61'11'21'E 311.19' T-21 S 48.27'13' E 149.68' J. SPILLMAN SURVEY T-22 S 14'45'13• E 124.50' t + 7-23 S 03.22.08' E 12.34' i A-1377 T-24 S 8912'52' E 131.56' T-25 S 82'37'40' W 631.51' T-26 S 21'35'00' W 601.32' 1 T-27 5 57.30'15" W 442.31' R-4406'00' 34.00' R-619.00' T-28 N 83'59'45' W 124.76' L-669.51' T- . L-239.81 8 .45' CO-S 35'23'11" W CS-S 52106'20" W CB-S 10.29'05" W T`30 S 6256'44" w 170.71' CL-596.19' CL-643.98' CL+238.11' T-31 S 14 22'06' w 248.81' T-36 to 7-28' T-32 S 07107'24" W 50.56' RY3 5.91' R$47.39' 550• T-33 S 69'45'00' W 141.05' L-1tl.36' L.132.52' L-1.88' T-35 N 04'00'16' E 104.53' CB-S 65'43'37' w CB-S 42'0551" W CBIS 67'48'24' W T-36 S 871641" w 307.65' CL-110.88' CL-130,94' CL-1.88' T-37 N 03'47'38" E 3228.54' GY-03.90' r-38 N 02.30'00" w 160.00' T-39 S 8730'00" W 10.31' L.5.32 T-40 N 01.48.00" E 142.86' 08-N 8206'33'E T-41 N 50'50'00' W 35.90' CL-5.32' T-42 N 03'19'19' W 43.20' T-43 N 3619'00" E 92.20' EXHIBIT B T-44 N 5325'00' W 69.40' T-45 N 06'30'53" W 142.78' TIMBER CREEK B UNIT r-47 N 30232'00• E '30.20' Attached to and mode o port of of that certain Designation of Unit for the Timber Creek 8 Unit SHEET t OF 2 Sempcd Surveying, Inc. 3208 S. Alain St. Pro', No.8498-Tkrber Creek B Unit-Bd Ft. Worth. T7( 76110 SCALE 1" 600' (817) 926-7576 OWN,TRKXTO ENERGY INC. OATE.11/03/08 TIMBER CREEK B UNIT Tarrant County, Texas LEASE LESSOR ACRES LEASE LESSOR ACRES NO. NO. 1 Cloud 0.401 51 Austin 0 394 2 Showmaker 0.403 52 Mathews 0.455 3 Stephens 0.39 53 Coote 0,438 4 Staples 0.400 5"F- Genachin 0.355 5 aReilly a407 55 Giley 0.336 6 Kenn 0.409 56 ftBeaugeZO-448 345 7 Barst 0,409 57 4488 Learner 0.408 58g25cott0.403 5939610 Jeffers 0.434 60 .40911 Pope 0.451 6739712 Dauenport 0440 S2404 13 Green 0.476 63 Dnkins 0.432 14 Adams 0.471 64 Ferfig 0.428 15 Garnson 0.474 65 Hoffman x379 16 Lind 0.457 66 Gee a330 17 Sklar 0.428 67 5ierkasov 0.355 18 Pa ne 0.413 fibHau h 0.368 119 Matti r 0.50.3 69 M Williams 0.392 20 Murnane 0.379 70 Lees 0.402 21 Blair 0.436 71 M Zero 0.404 22 Barrera 0.507 72 M. Boudand 0.418 23 Gress 0 S06 73 Bruton 0 406 24 Olsen 0.476 74 I 0.349 25 Kardaras U.510 75 Pinkerton 0.344 26 Johnson 0.444 78 Anderson 0,388 27 Hiolmes 0.430 77 C.olllns 0.461 28 Falrl 0.433 78 Janes 0423 29 Bobo 0.404 79 9e11 0.344 30 Neben 0.404 80 D, Maore 0.455 31 Booker 0 411 81 Moreno 0.445 32 Bridge 0.408 62 Holland 0.447 33 Roland 0.396 83 T Williams 0.453 34 Grtltin 0 401 84 Andreen 0.530 35 T rden 0.404 85 S Dat 0.456 35 Ounwn 0,404 86 Bond 0.396 37 Yotm ood 0.404 87 Ca Q438 38 Field 0.415 88 AmWd 11425 39 Sanford 0.449 89 GBnnawa 0.380 0.350 90 Fisher 0.356 41 L. Brown 0.394 91 McRae 0.357 42 Martin 0.433 92 Rid 6ea CC 18.476 43 M, Moore 6514 93 TXL1 Minerals 5.068 44 Sordirn 0.461 94 Genn Ltd 29,469 45 Serrano 0.341 95 Geren Ltd 23.436 46 Newman 0.342 96 TXLI Minerals 2.754 47 Crwviev 0.332 97 Genn Ltd 20.904 467-- Peters 0.362 98 Timber Creek 22.527 49 Jordan 0.436 99of Ft Worth 10,532 50 1 R Brawm 1 0.347 140 En Q398 107 Pu h 0.473 102 Coahfan 0.446 103 Benbrook VVatel 2.052 1{14Hughes 0.398 TOTAi AREA 180 83} EXHIBIT a TIMBER CREEK B UNIT Attached to and made o part or of that certoin SHEET 2 OF 2 Oesignutlan of Unit for the Timber Creek 8 Unit Sempco Surveying, Inc. 3208 s, Main St, P roi. 498-Tmber Creek 8 UnIt-Bol 2 Ft. Worth, TX 76110 600 (81 7) 926-7876 T❑ ENERGY IMC. 3/osTIMBER CREEK B UNIT Tarrant County, Texas