HomeMy WebLinkAboutContract 39442-A1RECORDED ELECTRONICALLY
ID: D209315785
County: TARRANT
Date: Dec 03, 2009 Time: 08:13 AM
CITY SECRETARY
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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
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 Lease dated September 17, 2009, in favor of XTO
Energy Inc., recorded as Memorandum of Oil and Gas Lease as instrument number D209280980
in the Official Public Records of Tarrant County, Texas, (collectively referred to herein as the
"Lease");
WHEREAS, the description of the Lease as shown on the attached Exhibit A 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 Exhibit A description shall now read as follows:
3.905 acres of land, more or less, of a called 2.445 acres, situated in the Lydia J. Warwick
Survey, A-1663, Tarrant County, Texas, and consisting of the following ten (10) tracts:
TRACT 1: 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 2,041, 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. D 199020782, Official Public Records, Tarrant County, Texas.
TRACT 5: 0.161 of an acre, more or less, of a called 0.046 of an acre, being the North 20 feet
of the East 100 feet of Lot 24, Block 35, South Hemphill Heights Addition, according to the Plat
recorded in Volume 106, Page i32, Plat Records, Tarrant County, Texas, being rrrore•------
particularly described in that certain Warranty Deed dated March 19, 1953, fry D��°Y I�CORD
CITY SECRETARY
FT. WORTH, TX
Phillips to City of Fort Worth, a municipal corporation, as recorded in Volume 2583, Page 414,
Official Public Records, Tarrant County, Texas.
TRACT 6: 0.258 of an acre, more or less, of a called 0.184 of an acre, being the East 100 feet
of Lots 23 and 24, less and except the North 20 feet of the East 100 feet of Lot 24, Block 35,
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 26, 1980, from Verna Marchant, Individually and as Independent Executrix of
the Estate of Mildred E. Lester, Deceased, to the City of Fort Worth, a municipal corporation, as
recorded in Volume 6979, Page 2031, Official Public Records, Tarrant County, Texas.
TRACT 7: 0.114 of an acre, more or less, of a called 0.023 of an acre, being the North 20 feet
of the West 50 feet of Lot 24, Block 35, 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 April 9, 1953, from J. J. Anderson and
wife, Vera Anderson, to the City of Fort Worth, a municipal corporation, as recorded in Volume
2554, Page 537, Official Public Records, Tarrant County, Texas.
TRACT 8: 0.110 of an acre, more or less, of a called 0.092 of an acre, being the West 50 feet of
Lot 23 and the South 30 feet of the West 50 feet of Lot 24, Block 35, 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 June 10, 19801
from J. J. Anderson and wife, Vera Anderson, to the City of Fort Worth, as recorded in Volume
5948, Page 2232, Official Public Records, Tarrant County, Texas.
TRACT 9: 0.229 of an acre, more or less, of a called 0.172 of an acre, being Lot 22, Block 35,
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 August 1, 1980, from Lloyd A. Smith and wife, Mildred L. Smith, to the City of Fort
Worth, as recorded in Volume 6974, Page 1863, Official Public Records, Tarrant County, Texas.
TRACT 10: 1.261 acres of land, more 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 instrument is executed on this the respective date of the
acknowledgment below but shall be effective, however, as of September 17, 2009.
LESSOR:
CITY OF FORT WORTH
By: Fernando Costa
Title: Assistant City Manager
OF�'lC��w�. RECORD
CITY SECRETARY
� I: WUCRTH, TX
ATTEST:
By: V �� N® li��C IMF
Cit � (�IJgR1CD
y Secretary ____..
APPROVED AS TO FORM AND LEGALITY:
Assistant City,
Date
LESSEE:
XTO ENERGY INC.
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By• Edwin S. Ryan, .)(r.
ItS: Sr. VP -Land Administration
ACKNOWLEDGMENT
STATE OF TEXAS }
}
COUNTY OF TARRANT }
BEFORE ME, the undersigned, a Notary Public, on this day personally appeared
Fernando Costa, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged that he has executed the same for the purposes and consideration
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ��'� day of
�0 ,� , 2009.
My Commission Expires:
Commission Number:
otary Public, State of Texas
EVONIA DANIELS
MY COMMISSION EXPIRES
July 10, 2013
OFFICIAL REC®RD i,
CITY SECRETARY �I
FT. V1fORTH, TX
STATE OF TEXAS }
}
COUNTY OF TARRANT }
BEFORE ME, the undersigned, a Notary Public, on this
is subscribed to the fore
day personally appeared
be the person whose name
instrument and acknowledged that he has executed Lite same for
the purposes and consideration therein expressed.
known to me to
JQUVC
AND SEAL OF OFFICE this � day of
�h er , Zooa.
DORINDA C. WEST \
Ut6MICWMEW0612212011
Nolary PJ' cSTATE OF TEXAS
My Commission Expires: Q�- a.7.- � � I
Commission Number: MA(,a38g _yC
NL 4rsr%�
Notary Public, State of Texas
OFF1CiA� RECORD
CIT1( SEGRET�RY
FT. W�7K I M TX