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HomeMy WebLinkAboutContract 39794-A1_RECORDED ELECTRONICALLY ID: D210208299 CITY SECRETARY County: TARRANT _ CONTRACT NQ,~.==i Date: August 26, 2010 Time: 1:05 PM 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 DRIVERS' LICENSE NUMBER AMENDMENT OF DESCRIPTION OF OIL AND GAS LEASE AND MEMORANDUM OF OIL AND GAS LEASE STATE OF TEXAS } COUNTY OF TARRANT } WHEREAS, on December 1, 2009, the CITY OF FORT WORTH, A HOME RULE MUNICIPAL CORPORATION OF THE STATE OF TEXAS as Lessor, heretofore executed a Memorandum of Oil and Gas Lease to XTO ENERGY INC., as Lessee, recorded on December 16, 2009 at Clerk Document No. D209327271, Official Public Records of Tarrant County, Texas, covering the following lands located in Tarrant County, Texas, to wit: 0.016368 ACRES, MORE OR LESS, being all of Lot A2, W. F. Howell Subdivision, an Addition to the City of Fort Worth, being a portion of Lot A. as described in the plat recorded in Cabinet 388-H, page 347 of the Plat Records of Tarrant County, Texas, and being the same land conveyed to the City of Fort Worth in Volume 10171, Page 1635 of the Official Public Records A Tarrant County, Texas. (Meadowbrook Dr. ROW) AND WHEREAS, said descriptions are incomplete and indefinite and the lands intended to be covered are more accurately described as follows: 0.080912 of an acre, more or less, of a called 0.016368 of an acre, situated in the James B. Martin Survey, A-1133, Tarrant County, Texas, being a portion of Lot A, W. F. Howell Subdivision, according to the Plat thereof recorded in Volume 388-H, Page 347, Plat Records, Tarrant County, Texas, and being more particularly described in that certain General Warranty Deed dated December 27, 1990, from the Oak Hill Presbyterian Church to the City of Fort Worth, a municipal corporation, as recorded in Volume 10171, Page 1635, Official Public Records, Tarrant County, Texas. (Meadowbrook Dr. ROW) NOW THEREFORE, for and in consideration of the premises, the benefits to be derived therefrom, the receipt and sufficiency of which are hereby acknowledged, City of Fort Worth, a home rule municipal corporation of the State of Texas, does hereby adopt, ratify and confirm said lease and all of its terms and provisions and does hereby declare that it was and is our intention to lease for oil and gas purposes, and do grant, lease, let and demise unto said XTO Energy Inc., a Delaware Corporation, the interest in the above lands, in accordance with all of the terms and provisions thereof as fully and completely as if the undersigned had originally executed, acknowledged, and delivered said lease. For the same consideration, the undersigned declares that said lease and all of its terms and provisions are binding on the undersigned and that it is a valid and subsisting Oil, Gas and Mineral Lease. EXCEPT as otherwise amended herein, the above described lease is and shall remain in full force and effect as written in accordance with its terms and conditions, and the undersigned Lessor recognizes said lease as a valid and sustaining Oil, Gas and Mineral Lease. IN WITNESS WHEREOF this Amendment is executed by the undersigned on the respective date of the acknowledgment below, but is effective as of the date of December 1, 2009, the date of the lease. - - � •::.._ :: ;��: �, _ , ,.. � °i �. CITY SEER TAk FORT WORTH, _r 03-1 2-1 0 P01 * 00 IN LESSOR: CITY OF FORT WORTH By: ° �L a� o °a Fernando Costa p , °o'S% 160 Assistant City Manager �'M0 p dv° ox ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY Assistant City Date: LESSEE: XTO Energy Inc. By: "- Date: THE STATE OF TEXAS § COUNTY OF TARRANT § C� NO M&C REQUIRED ACKNOWLEDGEMENTS BEFORE ME, the undersigned, a Notary Public, on this day personally appeared Fernando Costa, Assistant City Manager of the City of Fort Worth, ahome-rule municipal corporation of the State of Texas, known to me to be the person whose name is subscribed to the foregoing instrument and, that he has executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1L day of 2010. otary Public in and for the :ate of Texas My Commission Expires: Name of Notary Public Here THE STATE OF TEXAS § COUNTY OF TARRANT § EVONIA DANIELS MY COMMIS3I�N EXPIRES July 10, 2013 BEFORE ME, the undersigned, a Notary Public, on this day personally appeared Edwin S. Ryan, Jr. Sr. VP —Land Administration , on behalf of XTO Energy, Inc., known to me to be the person whose name is subscribed to the foregoing instrument and, that he has executed the same for the purposes and consideration therein expressed. rA GIVEN DER MY HA D AN AL OF OFFICE this day of ?010. [SEAL I , rid y 94&5 NOW! My Commission Expires: Nota Pub 'c in and for the State of Name of Notary Public Here Electronically Recorded Official Public Records n2�f .� moot� Tarrant County Texas 8/26/20101:05 PM D210208299 PGS 2 $20,00 �,, CITY SECRETARY _ I CONTRACT NO. NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU AREA 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 DRIVERS' LICENSE NUMBER AMENDMENT OF DESCRIPTION OF OIL AND GAS LEASE AND MEMORANDUM OF OIL AND GAS LEASE STATE OF TEXAS } COUNTY OF TARRANT } WHEREAS, on December 1, 2009, the CITY OF FORT WORTH, A HOME RULE MUNICIPAL CORPORATION OF THE STATE OF TEXAS as Lessor, heretofore executed a Memorandum of Oil and Gas Lease to XTO ENERGY INC., as Lessee, recorded on December 16, 2009 at Clerk Document No. D209327271, Official Public Records of Tarrant County, Texas, covering the following lands located in Tarrant County, Texas, to wit: 0.016368 ACRES, MORE OR LESS, being all of Lot A2, W. F. Howell Subdivision, an Addition to the City of Fort Worth, being a portion of Lot A, as described in the plat recorded in Cabinet 388-H, page 347 of the Plat Records of Tarrant County, Texas, and being the same land conveyed to the City of Fort Worth in Volume 10171, Page 1635 of the Official Public Records A Tarrant County, Texas. (Meadowbrook Dr. ROW) AND WHEREAS, said descriptions are incomplete and indefinite and the lands intended to be covered are more accurately described as follows: 0.080912 of an acre, more or less, of a called 0.016368 of an acre, situated in the James B. Martin Survey, A-1133, Tarrant County, Texas, being a portion of Lot A, W. F. Howell Subdivision, according to the Plat thereof recorded in Volume 388-H, Page 347, Plat Records, Tarrant County, Texas, and being more particularly described in that certain General Warranty Deed dated December 27, 1990, from the Oak Hill Presbyterian Church to the City of Fort Worth, a municipal corporation, as recorded in Volume 10171, Page 1635, Official Public Records, Tarrant County, Texas. (Meadowbrook Dr. ROW) NOW THEREFORE, for and in consideration of the premises, the benefits to be derived therefrom, tine receipt and sufficiency of which are hereby acknowledged, City of Fort Worth, a home rule municipal corporation of the State of Texas, does hereby adopt, ratify and confirm said lease and all of its terms and provisions and does hereby declare that it was and is our intention to lease for oil and gas purposes, and do grant, lease, let and demise unto said XTO Energy Inc., a Delaware Corporation, the interest in the above lands, in accordance with all of the terms and provisions thereof as fully and completely as if the undersigned had originally executed, acknowledged, and delivered said lease. For the same consideration, the undersigned declares that said lease and all of its terms and provisions are binding on the undersigned and that it is a valid and subsisting Oil, Gas and Mineral Lease. It or EXCEPT as otherwise amended herein, the above described lease is and shall rema in in full force and effect as written in accordance with its terms and conditions, and the undersigned Lessor recognizes said lease as a valid and sustaining Oil, Gas and Mineral Lease. IN WITNESS WHEREOF this Amendment is executed by the undersigned on the respective date of the acknowledgment below, but is effective as of the date of December 1, 2009, the date of the lease. LESSOR: CITY OF FORT WORTH By: Fernando Costa Assistant City Manager ATTEST: . 60,1Z91 City Secretary APPROVED AS TO FORM AND LEGALITY: Date: LESSEE: XTO Energy Inc. 3y: 0 6� a" � T Date: 73I10 ACKNOWLEDGEMENTS THE STATE OF TEXAS § COUNTY OF TARRANT § NO!&C itE�UdRED BEFORE ME, the undersigned, a Notary Public, on this day personally appeared Fernando Costa, Assistant City Manager of the City of Fort Worth, ahome-rule municipal corporation of the State of Texas, known to me to be the person whose name is subscribed to the foregoing instrument and, that he has executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 140 day of 2010. dam [SEA Notary Public in and for the E�P EVONIADANIELSState Of TeX8SMYCOMMISSON EXPIRES Juty 1092013 My Commission Expires: Name of Notary Public Here THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned, a Notary Public, on this day personally appeared Edwin S. Ryan, Jr. Sr. VP —Land Administration _, on behalf of XTO Energy, Inc., known to me to be the person whose name is subscribed to the foregoing -instrument and, that he has executed the same for the purposes and consideration therein expressed. GIVEN DER MY HA AN L OF OFFICE this day of a4&�� 2010. [SEAL] I1I 1 t l A . My Commission Expires: Notary Public �(i(njand �for the State of ' � `��I�" Name of Notary Public Here DEDRA L. NUNEZ Notary Public �1►aY� STATE OF TEXAS OW My Comm. Exp. 01/28/2012 Retum to, t G. Kuba 61 7 G Jxket Dr. Apia WOO, TX 76137