HomeMy WebLinkAbout10522 ORD - 10/20/1971VMP:9 /15/71
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
AN OIL AND GAS LEASE ON 164.149 ACRES OF LAND IN SIX
(6) TRACTS OF LAND, LOCATED IN THE CITY OF CORPUS
CHRISTI, NUECES COUNTY, TEXAS, WITH EARL T. SMITH &
ASSOCIATES, INC., FOR A ONE -YEAR TERM BEGINNING
SEPTEMBER 15, 1971, FOR A CASH BONUS TO BE PAID IN
ADVANCE, IN ADDITION TO ALL OTHER CONSIDERATION SET
OUT. IN THE LEASE FORM, ALL AS MORE FULLY SET OUT IN
THE LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERE-
TO AND MADE A PART HEREOF.
WHEREAS, THE CITY COUNCIL HAS HERETOFORE ADOPTED SPECIFICATIONS
AND DULY MADE PUBLICATION AS REQUIRED BY THE CITY CHARTER AND RECEIVED
BIDS ON SEPTEMBER 83 1971; AND
WHEREAS, THE BID MOST ADVANTAGEOUS TO THE CITY, AFTER CONSIDERA-
TION OF ALL BIDS SUBMITTED, AND DETERMINED AS THE HIGHEST AND BEST BIDDER
SUBMITTING A BID ON THE BASIS PRESCRIBED IN THE NOTICE FOR BIDS, IS THE
BID OF EARL T. SMITH & ASSOCIATES, INC. FOR A PRIMARY TERM OF ONE (1) YEAR:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED
TO EXECUTE, FOR AND ON BEHALF OF THE CITY, AND TO DELIVER THE SAME, AN OIL
AND GAS LEASE COVERING 164.11143 ACRES OF LAND IN SIX (6) VARIOUS TRACTS
LOCATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, WITH EARL T.
SMITH & ASSOCIATES, INC., FOR A ONE -YEAR PERIOD, BEGINNING SEPTEMBER 15,
1971, FOR A CASH BONUS OF $9,210 TO BE PAID IN ADVANCE, IN ADDITION TO ALL
OTHER CONSIDERATION SET OUT IN THE LEASE FORM, ALL AS MORE FULLY SET OUT IN
THE LEASE AGREEMENT, A COPY OF WHICH, MARKED EXHIBIT "A ", IS ATTACHED HERE-
TO AND MADE A PART HEREOF.
13522
u
OIL ANT) GAS IZAr,e
, ITAE' S7W-, OF TEXAS,
COUNTY OIL' NUECIS
THIS AGIUl B11ENT cado this qfli. day of 1?tembeL ,
1971, between the C1TY OF CORPUS CIIRiSTI, 'TEXAS, Los.sor, and
EARL T. SMITH & ASSOCIATES, INC. _ , Lessee,
471 T N E S S E TI1:
:L. Les,:or, in consideration of NINE THOUSAND WO
HUNDRED TEN----- - - - - -- Dollars ($ 9,210.00 ) (there shall be a
Cash Bonus - Nlinimum of Fifty Dollars ($50.00) per acre) in cash in
hand paid -and other good and valuable consideration, of the royalties
herein provided, and the agreements of Lessee herein contained,
hereby GRANTS, LEASES and LETS exclusively unto Lessee for the
purpose of investigating, exploring, prospecting, drilling and
mining for and producing oil and gas, subject to the limitations
contained herein, the various tracts, parcels, lots and blocks
of land located in the City of Corpus Christi, County of Nueces,
and described in Exhibit "A" attached hereto as 164.149 acres of
land in six (6) tracts.
Notwithstandin-g any other provisions in this lease, no
drilling operations or other operations by Lessee, or his assigns,
under authority of this lease, shall be conducted on the surface
of any of the land hereby leased, save and except at the location
described in Exhibit "B" attached hereto, on which location, subject
to the conditions stated in Paragraph 12 of this lease, drilling
and other operations may be conducted by Lessee, and Lessee is
hereby granted the right of access and egress: to such location
for exploration, development, production and transportation of oil
and gas.
2. Subject to the other provisions herein contained,
this lease shall be for a term of one (1) year from this date and
for such addl.l :ional perlud-. of time as may be earned by di•i.l.ling
operations a:; provided for ill paint 'apih 5 harcuuder (col.:LccLi.vca.y
called °pr:imury term ") and for as long thercaftor as oil, ga.%
t
or other mineral is produced from said land hereunder or produced
from land with which it is pooled, or so long as this lease is
•t
continued in effect as otherwise provided herein.
3. The royalties to be paid Lessor are (a) on oil,
no less than three - sixteenths (3 /16ths) of that produced and saved
from said land, the same to be delivered at the wells or to the
credit of Lessor into the pipeline to which the wells may be
connected; Lessee may from time to time purchase any royalty oil
in its possession, paying the market price therefor prevailing
for the field where produced on the date of purchase; (b) on
gas, including casinghead gas or other gaseous substance, produced
from said land and sold or used off the premises or in-the manu-
facture of gasoline or other product therefrom, the market value at
the well of no less than three - sixteenths (3 /16ths) of the gas so
sold or used, provided that on gas sold at the wells the royalty
shall be no less than three - sixteenths (3 /16ths) of the amount
realized from such sale; while there is a gas well on this lease
or on acreage pooled therewith but gas is not being sold or used,
.Lessee may pay as royalty on or before ninety (90) days after the
date on which (1) said well is shut- in,'or (2) the land covered
hereby or any portion thereof is included in a pooled unit on which
a well is located, or (3) this lease ceases to be otherwise main-
tained as provided herein, whichever is the later date, and there-
after, at annual intervals a stun equal to Ten and No /100 Dollars
($10.00) per acre on the land covered hereby pooled with the land
upon which the well is located; upon such payment it will be con-
sidered that gas is being produced from the land covered by this
lease and included in the pooled unit upon which said gas well is
located; provided, however, this lease may not be maintained in
force as to the lands included in any such pooled unit for any
one continuous period in excess of two (2) years, solely by
the payment of shut -in gas royalty. Lessee shall have free
uc.e of oil and gas from said :Land, for all operations hereunder,
and the royalty on nLl cold [;a:, shall bo computed aft.or doduct:LuL;
any :u> u:;ed. r.nt.sol. it; extunl,l: +u, a 111:cl.1�0V OV ]AW from ruiy rued ::1.1
• n
Slate of Tema; severance taxes on oil and gas, and no deducLions
shall be made for severance taxes in royalty sett]ements.
�4. Lessee is hereby given the right and power to pool
.l
or combine the land covered by this leasr„ or any portion thereof,
for gas or oil. with any other ].and, lease or leases located
adjacent to or contiguous with, when in Lessee's judgment it is
necessary or advisable to do so in order to properly develop
and operate said premises, provided that no unit for gas so
created shall. exceed 320 acres plus a tolerance of ten per cent
(10%) in area and no unit for oil shall exceed forty ()10) acres
plus a tolerance of ten per cent (100) in area. If production
is found on the pooled acreage, it shall be treated as if pro-
duction is had from this lease, as to lands covered hereby and
included in any pooled unit or units. In lieu of the royalties
elsewhere herein specified, Lessor shall receive on production
from a unit so pooled only such portion of the royalty stipulated
herein as the amount of his acreage placed in the unit or his
royalty interest therein "bear, to the total acreage so pooled in
the particular unit involved, but in no event less than One
Hundred and No /100 Dollars ($100.00) per annum, for all acreage
covered by this lease and included in the pooled unit or pooled
units.
5. If operations for drilling of a qualifying well (as
defined hereinafter) are not commenced on lands leased hereby or
on lands pooled herewith on or before one (1) year from this date,
the lease shall terminate as to both parties. By the term "operations
for drilling" and "drilling operations" is meant the actual drilling
into the earth in a bona fide attempt to discover oil or gas and not
merely the placing of materials and /or equipment on the land.
The primary term of this lease may be extended for additional
periods of one (1) year each by the drilling of qualifying wells (as
defined hereinafter). If one (1) qualifying well is drilled, the
primary term of this lapse. --hall be extendod for an additional one
(1) year, to the encl that tho full primary torm of thi.:: learn, would
thch be two (2) year:, from date hereof; sitnilarl.y, if two (2) quali-
fying wells are dr -.0 led, the primary term of the lcase shall be-
extended for an additional. two (2) years to the end that the full
primary term of this lease would then be three (3) years from date
hereof, the primary term hereof being extendible indefinitely for
additional periods of one (1) year for each additional qualifying
well drilled, regardless of whether such well, or wells, are
completed a:: producing wells, wells capable of production in paying
quantities, or* as dry holes.
If a qualifying well is commenced but not completed during
the primary term hereof, but is completed thereafter, Lessee shall
furnish to Lessor, by certified mail, written notice of the commenc-
ing of said well, and Lessor must be furnished with a copy of the
form filed with the Railroad Commission of Texas showing the com-
pletion of the well either as a. dry hole or as a commercial producer.
On any qualifying well drilled and completed within the primary
term, whether during the first year or thereafter, Lessee must
furnish Lessor a copy of the form filed with the Railroad Commission
showing the completion of the well either as a dry hole or as a
commercial. producer. Such notices are to be mailed within ten (10)
days after the date of commencing or completion, as the case may be.
To qualify as a well which extends the primary term hereof,
herein sometimes referred to as "qualifying well" (a) the first
qualifying well must be drilled to a depth of Seven Thousand, Five
Hundred Feet (7,500') or to such lesser depth at which oil or gas
is discovered and from which oil or gas can be. produced in paying
quantities; (b) :subsequent qualifying wells must be drilled to at
least the lesser of the following depths: (1) Seven Thousand, Five
Hundred Feet (7,500'); (2) such lesser depth at which oil or gas
was discovered in the first qualifying well and from which oil or
gas can be produced in paying quantities; or (3) such lesser depth
at wh:i ch oil. or gan is discovered in i:he particular 'well being then
drilled and Crom which oil or gas can be produced in paying quint- ities.
G. (A) Whenover L(c Snee shall discontinue drilling
op'erat:ions, and, thereafter, the primary term of this lease,
as extended by drilling of qual.7.fying wells- ceases, then' this
lease shall terminate in its entirety if there is no production
in paying quantities of oil or gas from, or attributable by
virtue of pooling or unitization to, any of the lands covered
by this ].ease. If, at the end of the primary term hereof as
extended by drilling of qual- J.fying wells, there is any production
under this leash of oil or gar. in paying quantities, this lease shall
terminate except as to lands covered hereby and included in pooled
or proration oil or gas units created by Unit Designation filed of
record, City Or of the City of Corpus Christi, or by virtue
of any action of the Railroad Commission of the State of Texas, and
such termination shall hereinafter be referred to as "partial
termination ", vthich shall be the only penalty for the failure of
the Lessee to continue such drilling operations after the completion
of the first qualifying well called for hereunder.
(B) Upon expiration of the piimary term hereof, as
extended by drilling of qualifying wells, as aforesaid, this lease
shall terminate except as to such lands covered by this lease and
included in pooled or proration oil or gas units created by Unit
Designation filed of record, City Ordinances -of the City of Corpus
Christi, or by virtue of any action of the Railroad Commission of
the State of Texas, formed around wells capable of producing oil or
gas or oil and gas in paying or commercial quantities. -
(C) Upon partial termination of.this lease as to
any tract covered hereby, Lessee shall,, by recordable instrument
in writing delivered to Lessor, or placed of record in the Deed
Records of Nueces County, Texas, with notice of such recording to
Lessor, designate each tract so retained by it and the total acreage
-5-
rcLained and Lcssce shall. acknowledge the termination o!' tlii.o
lease us to the rcma:i.n:ing acreage. Such deoJgnation and release
:'shall be made within sixty (60) days after any such partial
termination of this lease.
7. If after the expiration of the primary term produc-
tion ceases from any cause, this lease shall not terminate as to
any acreage then held if Lessee.commencea additional drilling or
reworking operations within sixty (60) days thereafter and there-
after so long as operations are prosecuted with no cessation of more
than thirty (30) consecutive days, and if they result in the pro-
duction of oil or gas so long thereafter as oil or gas is produced
from said 'land. In the event'a well or wells producing oil or gas
in paying quantities should be brought in on adjacent land not
pooled with the lands covered by this lease and within x+67 feet of
and draining the leased premises, Lessee agrees to drill such
offset wells as a reasonably prudent operator would drill under
the same or similar circumstances; provided, however, that as to
tracts covered by this lease other than the one on which the drill -
site described in Exhibit "13" attached hereto is located, should
Lessee be unable to obtain a surface location on other lands
abutting the lands leased herein, then Lessee shall be excused
from any and all liability or obligation to drill such offset
yell, provided that within thirty (30) days thereafter, Lessee seeks
and does not obtain the written permission of Lessor to use the
surface of the lands leased herein for the purpose of drilling and
producing such offset well.
8. The right of either party hereunder may be assigned
in whole or in part and the provisi.onc: hereof shall extend to
the heirs, successors and assigns, but no change or divisions
in ownership of the land or royalties, however accomplished,
shall operate to enlarge the obligations or diminish the rights
of Lessee. No sale or assignment by Lessor shall be binding on
Lessee until Lo:: :see shall be furni.:Iied with a certifiod cony of
1 recorded instrwmnt evidencing same. Ii' six or more parties
become entitled to royalty hereunder, Lessee may withhold payment
t
thereof unless and until furnished with a recordable instrument;
executed by all such parties designating an agent to receive pay-
ment for all.
y. Lessor'hcreby warrants and agrees to defend the
title to said land and agrees that Lessee at its option may
discharge any tax, mortgage or other lien upon said land and
in the event Lessee does so, it shall be subrogated to such
lien with the right to enforce same and apply royalties accruing
hereunder toward satisfying same. Without impairment of Lessee's
rights under the warranty in event of failure of title, it is
agreed that if Lessor owns an interest in said land less than the
entire fee simple estate, then the royalties to be paid Lessor
shall be reduced proportionately.
10. Should Lessee be prevented from complying with any
express or implied covenant of this lease, from conducting drilling
or reworking operations' thereon, or from producing oil or gas
therefrom by reason of scarcity or inability to obtain or to use
equipment or material, or by operation of force majeure, any
Federal or State law, or any order, rule or regulation of
governmental authority,then while so prevented through no fault
of Lessee, Lessee's obligation to comply with such covenant shall
be suspended, and Lessee shall not be liable in damages for failure
to comply therewith; and this lease shall be extended while and so
long as Lessee is prevented by any such cause from conducting drilling
or reworking operations on or from producing oil or gas from the
leased premises,and the time while Lessee is so prevented shall not
be counted against Lessee, anything in this lease to the contrary
notwithstanding.
11. For the same consideration, Lessor hereby grants
and conveys to Lessee a subsurface easement and right -of -way in
-7-
and under the land:: covered by thin Oil and Gas Lease for Lhe
purpose of exploring for, drilling for, and producing and
.,transporting oil and gas, or either of them, including the right
to directionally drill and produce wells -from surface locations
off of the land covered by this lease and bottomed under lands
not covered by this lease, which easement an21 right -of -way shall
continue for so long as this lease is continued in force as to
any portion.of the lands covered hereby, and, in addition, for
so long after the expiration of this lease as such easement and
right -of -way is used by Lessee with no continuous interruptions
in use of more than six (6) months duration.
12. One, two or three wells may be drilled by Lessee
upon the drill site described in Exhibit "B" attached hereto, the
well bores of which must be located at one or more of the follow-
ing locations:
(1) 75' East of the East line of the
Dunn 10 -acre tract; and,
75t North of the North line of
the O.V. Jackson 6.42 acre tract;
(2) 100' East of the Northeast corner
of the Dunn 10 -acre tract; and,
751 North of the North line of the
0. V. Jackson 6.112 acre tract;
(3) 75' East of the East line of the
Dunn 10 -acre tract; and,
100' North of the North line of
the 0. V. Jackson 6.42 acre tract.
During preparation for drilling and completion operations,
Lessee shall use only so much of the surface as is reasonably
necessary, removing as few trees and as' little brush as necessary for
such operations, and will, upon completion of the well, promptly
clean, level and restore the area after completion of a well or
wells.
-i3-
;p
Le:;see shall have the right -to locate at sucil
only wellhead equ.j.pi-nent, includJng Christmas trees and a line
heater, if necessary. No products shall. be stored on land
covered by this lease, but as soon as produced, shall be
immediately removed -therefrom by pipeline or truck. All.
separation shall be done off of the lands covered hereby.
Lessee is specifically granted vehicular ingress and
egress and the right to lay necessary pipelines along and
through -the 281 wide strip of land lying between the said Dunn
10-acre tract and the Jackson 6.42 acre. tract,* provided, how-
ever, that Lessee shall erect any gates or fences along said
strip which may be required under the terms of the instrument
granting or conveying title to such strip to Lessor. •
All operations conducted by Lessee hereunder shall be
strictly in accordance with the drilling ordinance of the City
of Corpus Christi, being Ordinance No. 8879, as same has been
amended and may from time to time hereafter subsequently be
amended.
IN WITNESS WHEREOF, this instrument is executed in
duplicate on the date first above written.
CITY OF CORPUS CHRISTI
ATTEST:
By:
City Secretary
APPROVED AS TO L w AL F011m,
this L5-4 day of.
1971.
LESSOR
LESSEE
I/
City Attorn I I
ATTEST: EARL T. SMITH & ASSOCIATES, INC.
By: _.
11 a; re
_y LESSEE
THE STATE OF TEXAS
COUNTY OF POTTER
BEFORE ME, the undersigned, a Notary Public in and
for said County and State, on this day personally appeared
EARL T. SMITH, known to me to be the person and officer whose
name is subscribed -to the for ' egoing instrument and acknowledged
tome that the same was the act of the said Earl T. Smith &
Associates,•Inc.,- a,corporation, and that he executed the same
as the act of.such corporation'for the purposes and consideration
therein expressed,'and in the capacity therein stated.
/GIVEN UN ER MY HAND AND SEAL OF OFFICE this the
day of A.D. 1971.
Notary Public -in -and for
Potter County, Texas
My Commission Expi res"'
June 1, "1973.
EXHIBIT "A"
Description of six (6) tracts of land covered by Oil and Gas
1 Lease dated September 7 , 1971, executed by and between
the City of Corpus Christi, as Lessor, and EARL T S111TTA
& ASSOCIATES, INC. , as Lessee, said six. (6jtracts of land
containing L0it� acres of land, more or less, out; of the
Gregoria D'a.rias Grant, AbsLract No. 592, for Nueces County,
located within the City of Corpus Christi, and further described
as follows:
TRACT 1: 61.031, acres of land, more or less,
acquired by the City of Corpus Christi, by virtue
of a judgment dated November 23, 1954, in Condcmna-
t:ion Proceeding; No. 70, in the County Court of
Nueces County, Texas, styled City of Corpus Christi
vs. August Lynn Magee, a widow and feme sole, Hugh
McGee of Webb County, Dolph Magee of Nueces County
grid William Magee of Nueces County, which judgment
is of record in Volume I, at Page 5611, of the County
Court Minute Records, Nueces County, Texas, which
61..031 acre tract of land is described as follows,
to -wit:
All that certain tract or parcel of land, a part of the
Albert 1.,. lhiagce R2.5 acre tract :u, shown by convey-
ance from the heirs of Mrs. Alice 1... 1,1. gee to Albert
L. Magee by cleed rec•orele it in the Decd Accords of
Nucces County, Texas, in Vohune 123 ctl Page 153, and
being; silunte.d in the Grel;orio lrarias Grant, State All
strict No. 592., in Nueccs County, Texas, this Tract
being n]Qrc particularly described by metes and bounds
its follov:s: ,
13L•'GINNING at a 5/8 inch iron rod on'tho Northwest line
of said SZ.5 acre tract, the most lVesterly corner of
this tract, also being the North corner of the llclrn Dunn
10 acre tract as :shown by decd recorded in Vol. 235 on
Pages Z22 and 2."1.3, from which the \Vest corner of said
132. 5 acre tract bears South 36' 09' 07" lyest Z50. 45 vrs.
(695.70 ft.);
TIIL•'NCE, along and with the Northwest line of said 82.. 5
acre tract, North 36' 09' 07" East 1729. 61 feet to a one
inch iron pipe for tile. North corner of this tract, also
being the West corner of the CLyde Jennings 29 acre
tract;
T1IEr10E Southeasterly along the Northeast boundary.of
ibis tract which is also the soutlnvest boundary of said
Clyde.. Jennings 29 acre tract, South 42' 08' 00" East
1592.69 Net to a ouc inch iron pipe for the East corner
of this tract, same being the Nortli corner of the J. Il.
Ross 35 acrc tract and a corner of the Clyde Jr,nuil "!s
tract;
THENCE Southwesterly along the SO%1Lhe :tbt boundary of
this tract, also being the Norllrwcsl boundary of said J. II.
Ross 35 acre tract, South 3.1' 37' 0311 Viust at 1559. 38 ft.
pass a 5/8 inch irou rod, at 1564. 38 feet, a 12 inch Ilack-
berry true for the South corner of thin. tract, also b6trg
the I?ant cor•ucr of the Chas. V. hell 5 acrc tract; and
from which a 5/8 inch iron rod hear:: S 3.1' 371 03" W.
5.00 ft. et;
x
'PI1JsIQCa: Jduril,wc:acrly along :cud with a Southwest bound-
ary of this tract, also being the Norlhca A bound ;vy of the
C1La::. V. ISel[ 5 Here tract ;nut the O. V. Jackson 6.42
•1 acre tract, North 55° 08" 34" West. 947.63 fret to a 5/8
incl, iron rod for a coiner o[ this tract, ::amc being the
North corner of said O. V. Jaeknon 6.44 acre tract, avid
hciu[, Z[I fi. from the Southeast boundary of lice. llclen Dunn
10 acre tract;
THENCE Southwesterly :don[, the Nortlerest boundary of
::Hid O. V. Jaclu ;ou 6.4Z acra tract, parallel with the
Southeast boundary of the llelcn Dunn 10 aerc trod,
South 36° 09' U7" Vlesl 521. 93 feet lu n 5/8 inch iron
rod fu the center of Jlcarn Road for a liouth corner of
this tract, also being the Y"cst corner of tile. O. V. Ja ck-
son 6.42 aerc• tract, said point bcin(t in the South"est
boundary of the Albert L. Magee b'2. 5 ac re tract;
UIENCP Northwesierly along and with the center of
said 71c :ern Road, also bcin[; the Southwest boundary
of said Albert L. Magce fit. 5 acre true(, Nortic 5_
08' 34" Lest 28.00 feet to a 5/8 :ncl, Iron rod for
Wcst corner of this tract, snore also being the South
corner of the llelen Dunn 10 acre tract;
THE,NCI: Norlhcastcrly along a Northwest boundary of
this tract, also bcinf, tlm Souticc ;cst boundary or the llcicu
Dunn 10 acre tract, Norli, 36° 09' 07" Ew:t 695. 70 feet
(250. 45 VI-S. ) to a 5/8 incic iron rod for a corner of this
tract, s:une being Lhc Past corner of the llelen Dunn 10
acre tract;
THENCE Northwesterly along a Southwest boundary of
this tract, also being the Northeast boundary of the Ilclen
Dunn 10 acre tract, North 55° 08' 34" \'Jest 629.19 feet
(2Z5. 43 vrs. ) to the PLACE OF ]3EG1IQId1I:G, and con -
taining 61.031 acres of land.
TRACT 2: 113.1119 acres of land, more or less, in
two tracts, one 'of 29.186 acres, the other of
13.983 acres, acquired by the City of Corpus Christi
by virtue of a judgment dated November 23, 1954,
in Condemnation Proceeding No. 71, in the County
Court of Nueces County, Texas, styled City of
Corpus Christi vs. Clyde Jennings and Zelda Jennings,
which judgment is of record in Volume I, at Page
571, of the County Court Minute Records, "Nueces
County, Texas, which 43.1119 acre tract of land is
described as follows, to -wit:
TRACT Za.
All Lhat certain tract or parcel of land, being a Z9.166
acre tract of land out of the Gregorio Farias Gr;mt,
State Ab: ;tract No. 592, in Nuccen County, 'Peas,
being the same land caivcycd by decd from Henry E.
Gouger, Con :.crvator of the Gouger National Dank of
Robsto n, Texas to Clyde Jennings, recorded in the
Deed Accords of Nueces County, Tckas, in Vol. 211,
Pages 7.22,'22.3. Said tract in more particularly de-
scribed by metes and bounds as follows:
EXHIBIT "A11
h'If'o
11 EC IIQIdIIJCi nl a one inch iron pile, the \Yost corner
of Lid!, tract, s:nrte bring in the Southeast houitthtry of
the C. L. 1VLtyvf, !il, 6 acre tract ;It file North corner
of Lhr. A1berL L.Magce 61.031 acre. (formerly 82.5
acre) tract;
TI]ENCE Northeasterly along and with Like common
1 boundary between this tract and lilt. Southeast boundary
of said C. L. Mayes tract, North 36 09' 07" East
213.89 feel to :t 5/8 inch iron rod in the Snuth boun-
dary of the Shell or Up Rivcr hosed for the Northwest
corner of this tract;
TIIENC1; Easterly, along and %vith the South boun-
dary of said Shall or Up River Road, North 830 49'
37" 1119. 32 feet to a 5/8 inch iron rod for
the Northeast corner of this tract, same being lo-
cated nI the intc)-section of the South boundary of said
Shell or Up River Road and the West boundary of the
St. Louis, Brownsville & 1,4c. "co Railway right of
way;
T11ENCE Southward, along and with the W �sL boun-
dary of said railroad right of way, South G 4 1' 00"
East 1392. 7.2 feet to a 5/8 inch iron rod for a corner
of this tract, same being located at an ;Ill
gla Point in
the West boundary of said railroad right of way;
TIIENCE, continuing with the \Vest boundary of the
said railroad right of way, the East boundary of this
tract, South 30 03' 30" East 339.75 feel to :t 5/8 inch
iron rod for the South corner of this tract, also being
the Northeast corner of the J. Ii. Ross 35 acre tract;.
THENCE Northwesterly along and with the common
boundary of this tract and the J. H. Ross 35 acre
tract, North 540 45' 00" \Vast 429.44 feet to a one
inch iron pipe at an angle point in the Southwest boun-
dary of this tract, same being the North corner of the
J. I-1. Ross 35 acre tract and the East corner of the
Albert L. Magee 61.031 acre (formerly 82.5 acre)
tr act;
TIiENCE Northwesterly along anJ with the common
boundary of this tract and the said Albert L. Magee
61. 031 acre tract, North 420 08' 00" West 1591..69
feet to the PLACE Or BEGINNING and containing
29.186 acres of land.
TRACT 2b
All that certain tract or parcel of land, n portion of '
the Gregoria rarias Grant, State Abstract 592, Nucccs
County, Texas. This tract lies East of and adjoins the
right of way of the St. Louis,.Brow•nsville and Mexico
Railroad and the Northwest corner of same is approxi-
mately 698 feet South of the intersection of file South
boundary of old Shell Road and the East right of way
line of said railroad. This tract is rnoa•e particularly
described by metes: and bounds as follows:
IlEGIrINING at the Northwest corner of this. tract, a
5/8 inch iron rod in the East right of Way line of the
St. Louis, Brownsville r: Mexico Railroad ',I'd from
whialt• the Northeast corner or the Clyde Jennings
29. 186 acre trawl bears North 140 0'2' 46" West 754.06
rxittB*['P "A"
tarn 3
T11GNC1': South 550 /.i' 08" li.ist 109.1.7.0 fret to a
3/4 inch irun pipe for the Nurlhe.Lst corner of this
tract;
TI1li:NCE South 3.10 37' 30" 1Vc:,l 817. 16 feet to a
l 3/4 inch iron pipe for the Southeast corner of this
tract;
TIIENGE North 550 21' 08" )Vest 425.80 feet to a
5/8 inch iron rod in the Eru;t right of way line of
the St. Lciacis, Brownsville is Ivirxico Railroad for
Southwest corner of this tract;
T11L• "NCE along :uid with said FILSL right of way line
of the railroad, along a curve to the WL having a
central angle of 8" 04' 16 ", a radius of 3745.'16 for
an arc length of 527.51 feet to the point of tangency
of said curve, a 5/8 inch iron rod for a corner of
this tract, (Chord N 20 37' 35" W. 527.22 feel); . .
THENCr, continui nil %vi Lh said East railroadl rigid
of way line, North 60 39' 43" West 57_9. 34 feet to
the PLAGE OF BEGINNING and containing 13. 963
acres of land.
TRACT 3: 53.823 acres of land, more or less
including 2.289 acres in old Shell Road
right -of -way), acquired by the City of Corpus
Christi by virtue of a judgment dated November
23, 1954, in Condemnation Proceeding No. 72,
in the County Court of Nueces County, Texas,
styled City of Corpus Christi vs. C. L. Mayes,
Sue Raker Mayes, J. L. Mayes, which judgment is
of record in Volume I, at Page 566,of the County
Court Minute Records, Nueces County, Texas,
which 53.823 acre tract of land is described
as follows, to -wit':
ALL that certain tract or parcel of land, a portion
of the ori8inal. Brant to GrcL:ori.o Farias, State Ab-
stract ho. 592 in Kuccon, County, Tcxas, all of
'that certain 51.6 acre tract. of land ecmey,,d by l..rs.
l:ona C. St.esart, it fem^_ sole to C. L. :ayes as des-
cribed in the A:ed llecord :. of ltncces County, Texas,
in Volume 351, 1'afro 5211. The tract herein convoyed
is bounded on the Borth and 11ort, -acot by the Shell
or Up laver Road; on the SouU:cast l.y the .torthxcst
boundaries of the Clyde Jmmir.Es 29 acre tract, she
Albcrt L. i:af;ee 61.031 acre tract of land and -the
11clon Donn 10 acre tract; on the South-r,cst t:y 1!earn
Bond and on the lost by Lhe 1.1. T. Capel:cart 1 acre
tract. The tract heroin conveyed is wore particular-
ly descriLod by notes and boards as follo'ss:
I11X1IIMI1v it a paint in the ccntorline of Shell or
Up River Road the East corner of this tract;
'1=11Ci:: Sout.4restcrly aloe; the llortltrest boundary
of the Clyde Jennin's 23 acre tract and raid line
ext.on,lud to the centerline of :.aid. Sholl or Up :fiver
)toad, the liorlh:x::t Lcun,:nry of U�c Mtert L. ::ai;cc
61.031 acre tract all:[ the i:uicu ilunn 10 acra tract,
South 360 09' 07" .lcat at 1:0.58 feet pass a 5/8
inch iron rod at the llarth.rc•rl c:orr::r of, t!ie C1y -c
Jonninf ::, 29 acre tract on thu . ",cuLh I'mo'lar; tin:
of 4hc: Shell or Up RLvur i!onS, at 251i.!:t; feet pars
it one inch iron pipe at thu ','Iu::4 corner of Vic Clydu
E,XII711T.T "A"
Paf ;c 11
Jonalnt,s 29 acra lx .ct ar.,l Inc I :orth corner of
the 61br:rt 1,. !'agar• GL.Ojl acre tract at 700!x.78'
fact J11on a 5 /r. t x,ch i r' n rod at the Ilorth corner
of tLo :;Loan Lunn Tract.: in Ill 2699.7E feet to
a 518 :!rich ire:. ,,,I for t.he:,out.i, corner or ttiis
tract, so:.,c 1xint; in tl.c Ccr4rca:,t Loundarj of
the 14arian :. :cl,i:rnet,,. tr. -ct:
T;ic:;:CE, ,long and 11th t!:c and I!orth line
of the ::arl:m :'ci:I)rto:td. 99.9!1 acre tract, Nort!:
550 031 31:" Legit 5(18.33 1'cc•t to a 5 /8 inc!. iron
rod Lrn•icd ono foot for an anzlc to 4hc ]eft, a
cornc,r• of this tract;
Tia;:Cl :, Eort), C3° 591 53" 7:cst Mi-08 fc_et to a
516 inch iron rod ;-uricd enc foot for t!:c S;utln ent
corner of this tract, • a] c ;o kai r.!• tl,c S ztt`.r•a;;;.
corner of the E:. Tr Caleheart one acre tract;
THEUM, along and with the Eant baurdarj of said
;7. T. Capaheart one acre tr:.ct, ;:ort4 3.10 G':1
2511 Wont. 2116.32 fret to a 5/8 inch iron trod
buried one foot mic! bciil3 in the center of Old
Shell ;load for the !lort};rest corner of this tract;
THENCE, Portheastcrly along and with the center
of Old Shell Road as follows:
TI1u;:C , North 590 201 1511 East 323.69 feet to a
518 inch i.ron rod buried one foot ut an angle
point in said road;
TILa:C!,, ],'art)) 530 •531 3211 Last 2130.86 feet to a
5 16• inch iron rod btnied one foot at an angle )point
in raid road;
T1 EIME, North 800 30t 2611 cast 787.22 feet to a
510 inelr iron rod buried ono foot at an angle
point in said road;
Tl1+I :0E, Rort.h 830 491 37" 1;ast 711.17 feat to the
)IAGE Or FLGIIB;II:O and containinf, 53.823 arras of
land of which 2.269 acres lien in Old Shell Road
right -of -way, leaving 51.534 acres of land.
TRACT 1E: 4.92 acres of land, more or less, acquired
by the City of Corpus Christi, by Deed dated May 25,
1970, from Tom C. Bickham and wife, Emma Bickham,
recorded in Volume 1370, Page 27, Deed Records, Nueces
County, Texas.
TRACT 5: 0.226 acres of land, more or less, acquired
by the City of Corpus Christi by Deed dated May 25,
1970, from Tom C.. Bickham and wife, Emma Bickham,
recorded in Volume 1370, Page 30, Deed Records, Nueces
County, Texas.
TRACT 6: 1 acre of land, more or less, acquired by the
City of Corpus Christi by Deed-dated May 25, 19703 from
Hayden Zding and wife, Martha Ann Wing, recorded in
Volume 1369, Pate 890, Deed Records, Nueces County,
Texas.
rXIiTm "A"
Pate 5
EXIIIBIT "13"
EXHIBIT "B" to Oil and Gas Lease dated September 7 , 1.971, by
and between City of Corpus Chrict:i. and EARL T .15 sSO IATES,INC.
being the description of a two 2 acre Ioca-
Lion for drii.i:ing and other operations:
A tract of approximately two (2) acres of land out of the 61.031
acre tract described in Exhibit 'A ", attached hereto, described
as follows: -
BEGINNING at a point in the East line of
the IIe.len Dunn Tract, which point is 521.93'
in a Northeasterly direction from the Southern-
most corner of said Dunn Tract;
THENCE N. 36° Og' 07" East, at 173.77' pass
the Easternmost corner of said Dunn Tract,
continuing past said Easternmost corner a
distance of 2116.23 feet to a point, the
Northernmost corner of the two (2) acre tract;
THENCE S. 55° 08' 34" East 210' to a point,
the Easternmost corner of the two (2) acre
tract;
THENCE S. 36o o9' 07" West 420 feet to a
point in the Easternmost boundary of the 0.
V. Jackson 6.42 acre -tract for the Southern-
most boundary of this two (2) acre tract;
THENCE N. 550 08' 34" West 210' to the
PLACE OF BEGINNING, being the Westernmost
corner of this tw-) (2) acre tract.
I r I I I I L
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............
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...........
IS
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€ `�`rr,.;,'` ,fir hp � j' 1j VN :��. 1�'' � ; � ��l •,, !:' , ,y' /'rr +,.+ /
�ntr0 •,.1 `` J J •�i is ,0' +tp,t��U ^`\L' ` \f"III� `�� +•'y` t+t r y'fffrrt!! t � ?y�`
�`.., 37 v,, r!/ � r'' +r // /� .� ttrrr `' Vfrti r+ �.
0 (n3
It
4p,
THAT THE FOREGOING ORDINANCE WAS READ F,/p -'R ,�THE FIRST TIME AND PASSED
TO ITS SECOND READING ON THIS THE /_({//1 DAY OF;�[C,1(.)4-7% -& j97/ , BY THE
FOLLOWING VOTE: (/
RONNIE SIZEMORE
CHARLES A. BONNIWELL ---
ROBERTO BOSQUEZ 4ff.L/;A-!
REV. HAROLD T. BRANCH _-eta_
THOMAS V. GONZALES 4,Q
GABE LOZANO, SR.
J. HOWARD STARK
V`!X_
THAT THE FOREGOING ORDINANCE WAS READ FOR THE SECOND TIME AND PASSED
TO ITS THIRD READING ON THIS THE- z'(4XXCE DAY OF �QI,[ -/-.F yX.�z.p h,�j9 �/� , BY THE
FOLLOWING VOTE: (/
RONNIE SIZEMORE
• CHARLES A. BONNIWELL
ROBERTO BOSQUEZ .¢-
REV. HAROLD T. BRANCH
THOMAS V. GONZALESy.�.__
GABE LOZANO, SR.
J. HOWARD STARK
THAT THE FOREGOING ORDINA CE WAS READ FOR THE THIRD TIME AND PASSED
FINALLY ON THIS THE. --Z?0 4 DAY OF E+�J, j99 , BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL- �/- �r�[j'�
ROBERTO BOSQUEZ
REV. HAROLD T. BRANCHyy//,,,,
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK //���,�_
PASSED AND APPROVED, THIS THE�O WDAY OF
ATTEST:
a
v
LITY SECRETARY ` [ MAYOR �
a THE CITY 0 CORPS HRISTI, TEXAS
APPROV D:
DAY OF ,� 19�;
ITY/ATTORNE
M 1I• �r
`
±_ ? {,,-S eptember 16' X1971=
-
Mr. Leland games
_
Classified Manager
Corpus Christi Caller - Times—-
;
'
P.
Corpus Christi,, Texas 78408
Dear Leland: r
,
Enclosed please find an ordinance duthbiitind the City Manager • •
:"
to execute an oil and gas lease. on 164:149 acres`of land in six
tracts with.Earl T. Smith -&.Associates; =Ind:, for a one -year term
+ ''
which I would appreciate your publishing on September 20,1
=
-
- September ,24, and October 22,. 1971.-.' s ,;. - _• j
-
x
' The -vote will be called In to your office after the second and
• s-
f =
-• third `readings of the ardinance.'
�`£, 4•`'; ; R
LL _ j , 4rSinClrlly,i
•
-'
_ _ y � _ { <r. a �.. '_
•i may{✓
'
- T. Ray ,Kring'
: City'Secr'etary ,=, '
`
Enclosure ;__=
;�/' 33 .2Tc
TA`1'E OF TEXAS, lss:
County of Nueces. J
Before me, the undersigned, a Notary Public, this day personally came ... ...............................
Leland G. Barnes who being first duly sworn, according to law, says that he is the
�r a3H.i dad.. dTl ag02'._ ........ ....................... of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
Legal - An ordina_ nce-- auth__orizing< and.•• directing... the... c.itsy...manage ..- ma�n...oiL.A gas
Iea�e on I�i4�14� acres of` land is btracts -- -with Earl T. Smith & Associ., Inc,
of which the annexed is a true copy, was published in the.- T] mes --------------------------------------------------------------- ---
on the.20t;hday of ............ September....19 -.Z1., and once each..... kL- V .......... .. ..thereafter for - ..... i.A?o...............
aensecrtiee...more..timea oa..S.eptember 24 and October 22, 1971,
.-three . ...............Times. /
$ 3 63.09 ............ . . . ..
. e 62 �k(F
:. ......
Subscribed and sworn to before me this .....2.,h..... day OAtO ]]Er ................. ........ 19..L.._. -.
Louise Vick _.... ... ^-.. ....4 .......................... ..
otary Public, Nueces County, Texas