HomeMy WebLinkAbout15684 ORD - 08/13/1980•
AN ORDINANCE
AUTHORIZING EXECUTION OF A SURFACE LEASE FOR A 2.07 -ACRE
DRILL SITE IN LOT 13, SECTION 56, FLOUR BLUFF AND ENCINAL
FARM AND GARDEN TRACTS, WITH EXXON CORPORATION AND SUN OIL
COMPANY AS LESSEE AND THE CITY OF CORPUS CHRISTI AS LESSOR,
FOR A TERM OF UP TO SIXTY YEARS, IN CONSIDERATION OF A CASH
RENTAL PAYMENT OF $850 FOR THE FIRST YEAR AND A LIRE AMOUNT
PLUS AN ANNUAL INCREASE OF EIGHT PERCENT FOR THE REMAINDER
OF THE LEASE TERM, ALL AS MORE FULLY SET FORTH IN THE
SURFACE LEASE FOR DIRECTIONAL DRILL SITE, A SUBSTANTIAL
COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF,
MARRED EXHIBIT "1".
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager be authorized to execute a surface
lease for a 2.07 -acre drill site in Lot 13, Section 56, Flour Bluff and Encinal
Farm and Garden Tracts, situated in the Laguna Madre, Nueces County, Texas,
with Exxon Corporation and Sun Oil Company as lessee and the City of Corpus
Christi as lessor, for a term of up to sixty years, in consideration of
a cash rental payment of $850 for the first year and annual payment of the
previous year's rental plus an annual increase of eight percent, all as
more fully set forth in the Surface Lease for Directional Drill Site, a
substantial copy of which is attached hereto and made a part hereof, marked
Exhibit "1".
MINk
iwz
156' 34
.;4
ED
SURFACE LEASE FOR DIRECTIONAL DRILL SITE
THE STATE OF TEXAS
COUNTY OF NUECES
KNOW ALL MEN BY THESE PRESENTS:
The City of Corpus Christi, hereinafter called "Grantor," for and
in consideration of Eight Hundred Fifty and No/100 Dollars ($850.00) cash
and other valuable considerations to it in hand paid by Exxon Corporation
and Sun Oil Company (a Delaware corporation), hereinafter called "Grantee,"
the receipt and sufficiency of which are hereby acknowledged and confessed,
does hereby grant, lease and let exclusively unto Grantee, its successors
and assigns, the following:
1. The right, authority, and privilege to use a 2.07 acre directional
drill site at a location as shown on the map marked Exhibit A attached hereto
and made a part hereof for all purposes. The directional drill site will be
used for the production of oil, gas, or other minerals from one well completed
on State Tract 13 in the Laguna Madre, Nueces County, Texas (Exxon Lease No.
57718). This grant includes the right to construct, use, operate, maintain,
replace, alter, protect, and remove any and all foundations, derricks, oil
or gas wellhead and completion equipment, manifolds, storage tanks, pipelines,
telephone and power lines, pits, separators, treating and measuring equipment,
water and disposal wells, and all other equipment, fixtures, and facilities
necessary or convenient in connection with the drilling for and producing,
handling, storing, treating, and marketing of oil, gas or other minerals
that may be produced herefrom.
2. Ingress and egress by roads mutually agreeable to Grantor and
Grantee.
3. A subsurface easement through and under said directional drill
site and through and under any lands of Grantor situated adjacent or contiguous
to or in the vicinity of said directional drill site in connection with the
drilling of a directional well and the operation and production thereof.
The term of this lease shall be limited to sixty years from the date
of this lease or sooner if Grantee abandons said leased area.
As additional consideration for the rights herein granted, Grantee
agrees to pay as rental to Grantor at the Petroleum Superintendent's office
located at 302 S. Shoreline, P. 0. Box 9277, Corpus Christi, Texas 78408, on
or before the first anniversary date of this lease, the sum of Nine Hundred
Eighteen and No/100 Dollars ($918.00) and said rental shall increase eight
percent over and above the previous year's rental for each successive year
said lease is in effect until such time as Grantee abandons said leased
area or the term of the lease expires. Such payment may be made by the check
or draft of Grantee mailed or delivered to Grantor at the aforesaid address
on or before the anniversary date. Failure of Grantee to pay the said rental
within thirty days after the anniversary date of said lease, shall cause said
lease to terminate and all rights granted hereunder shall automatically
revert to Grantor.
It is understood and agreed that the rights herein granted shall be
in addition to and not in derogation of any rights now owned by Grantee by
virtue of any conveyance or of any oil, gas or mineral lease covering all or
any portion of the premises described above.
It is understood and agreed by Grantor and Grantee that the oil,
gas or other minerals produced from a well drilled from the above described
site, the completion interval of which is located under land or leases other
than lands in which Grantor owns a royalty or mineral interest, shall be
owned by Grantee. It is not necessary for Grantee herein to account to
Grantor for any portion of production from the well drilled from said surface
location, the completion interval of which is under lands or Teases under
which Grantor owns no interest in the minerals or royalties.
Grantee shall have the right to enter upon the premises and remove
any and all machinery, equipment, or other personal property, whether affixed
to the land or not, for six (6) months following termination hereof.
It is distinctly understood that this is not a conveyance of the
land covered by said surface lease nor of the minerals therein and thereunder,
but conveys only the surface lease herein described.
It is further agreed that Exxon Corporation will comply with all
applicable ordinances and provisions of Chapter 35 of the Code of Ordinances
for the City of Corpus Christi and the granting of said lease shall in no
manner affect the right of Grantor in enforcing said ordinances.
It is further agreed that said lease shall not be transferred,
assigned or subleased by Grantee except with the approval of Grantor expressed
by ordinance except as between Exxon Corporation and Sun Oil Company (a
Delaware corporation) or their successors.
-2-
TO HAVE AND TO HOLD the aforesaid surface lease together with the
rights of ingress and egress, unto Grantee, its successors and assigns, for
the purposes set out herein, for so long as used for the purposes, or any
part of them, herein granted.
EXECUTED this the day of , 1980.
EXXON CORPORATION
ATTEST:
City Secretary
APPROVED:
DAY OF
, 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
By
Attorney in Fact
SUN OIL COMPANY (Delaware)
By
Attorney in Fact
CITY OF CORPUS CHRISTI
By
R. Marvin Townsend, City Manager
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EXHIBIT "A"
300' X 300' SURFACE DRILL SITE a PIPELINE
LOT 13 BLK 56 FLOUR BLUFF 8a ENCINAL FARM a GARDEN TRACTS
NUECES COUNTY, TEXAS
SCALE 1.1000'
That the foregoing ordinancew��a,;;read for th first time and Rassed to its
second reading on this the J�"� day of 19 Dip , by the
following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
That the foregoing ordinance was read
third reading on this the (Q day
following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
That the foregoing ordina
for he second time and passed to its
of�, 19 $� by the
ce was read for the third dime and passed finally
on this the I3) day of(,�Lt± , 19go , by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
PASSED AND APPROVED, this the /.9 ' day
ATTEST:
APPROVED:
DAY OF , 19 gp :
J. BRUCE AYCOCK, CITY ATTORNEY
ay-
of
, 19 .
OR
THE r TY OF CORPUS CHRISTI, TEXAS
1.5684
STATE OF TEXAS,
County of Nueces.
}ss:
PUBLISHER'S AFFIDAVIT '���
Before me, the undersigned, a Notary Public, this day personally came........_____. _ __....
L7RRF�iNg- CORTEZ
— .__._, who being first duly sworn. according to law, says that he is the
ACC.QTINTTNG CJ,Ff g_ of the Corpus Christi Caller and The Corpus Christi Timm,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
11l170_0 PAS,$A¢,. Qy�QPINANU ON SECOND READING LEASE FOR 1.07 -macre DRILL SITE.
of which the annexed is a true copy, Was published in TPF CfRPTT9 (:FTRTSTT f•AT,T,F.E,TTMRS
11th AUGUST 80day one
on the day of --..............._—____19__. , and once each........_.__._._..._..thereafter for...__.. _.
consecutive.._.__ _ .day_
one Times.
40.81 LORRAINE CORTEZ
�_ AGGOUNDING-GLERE - .
12th AUGUST
Subscribed and sworn to before me this_._.. day of _ _..-_...._ .. _._ 19.
LOIS WINN
�.644 y Public, County, Texas
f
AN
A U T H Of,a IINGA N -4X E C U -
TION OF A SURFACE
LEASE FOR A 2.07 -ACRE
DRILL SITE IN LOT 13,
SECTION 56, FLOUR
BLUFF AND ENCINAL
FARM AND,GARDEN
TRACTS, WITH EXXON
CORPORATION AND SUN
OIL COMPANY AS LESSEE
AND TME CITY OF COR
PUS CHRISTI AS LESSOR,
FOR A TERM OF UP TO
SIXTY YEARS, IN CONSID-
-
ERATION OF A CASH
RENTAL PAYMENT OF
9850 FOR THE FIRST
YEAR AND A LIKE
AMOUNT PLUS AN AN-•
NUAL INCREASE OF
EIGHT PERCENT FOR
THE REMAINDER OF THE
LEASE TERM, ALL AS
MORE FULLY SET FORTH
IN THE SURFACE LEASE
FOR DIRECTIONAL
DRILL SITE, A SUB.
STANTIAL COPY OF
WHICH 15 ATTACHED
HERETO AND MADE A
PART HEREOF, MARKED
EXHIBIT "1".
THE' TTY'Rt0Or ,C''0P
THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City
Manager be authorized to ex-
ecute a surface least. for a
2.37 -acre drill site In Lot 13,
Section 56, Flour Bluff and
Enclnal Farm and Garden
Tracts, situated In the La-
guna Madre, Nueces County,
Texas, with Exxon Corpo-
ration and Sun 011 Companys
lessee and the City of Corpus
Christi as lessor, for a term
of up to Stith/ years, In can
alderatidn of a cash rental
payment of 0850 for the first
. year and annual payment 0,
the previous years rente
plus an annual payment 0 -
the previous year's renta
plus an annual Increase o'
eightpercent, all as mor(
fully set forth In the Surface
Lease for Directional Orli
Site, a substantial copy 01
which Is attached hereto and
made a pert hereof, marked
Exhibit '1".
SURFACE LEASE FOR
DIRECTIONAL DRILL
SITE
THE STA,. 0p0—T XAS
COUNTY OF NUECES
KNOW ALL MEN
BY THESE FRlS1=N 15:
The Clfq Corpus Christi,
nd
berelnatf�r c8),)ad "Grant-
or,"
Eight H n consideration
No/130 Dollars • (5850.06)
cash and other valuable con-
siderations to It In hand paid
by Exxon Corporation and
Sun Oil Company (a Dela-
ware corporation), here.
(natter called "Grantee,"
the receipt and sufficiency of
which are hereby acknowl-
edged and confessed, does
hereby grant, lease and let
exclusively unto Grantee, Its
successors and assigns, the
lolbwing:
'any %an flow imiecrWy
! Granteeby �vlrtbe0fgny Com
Mane ar."ie11L pp)), 3000!
mineral lease coveirmg-M0br
any portion of the premises
described above.
It Is understood and
agreed by Grantor and
Grantee that the oil, gas or
other minerals prpcl uced
from a well drilled Ab10 the
above described site, the
completion interval of which
Is located under land or
leases other than lands In
which Grantor owns a royal.
ty or mineral Interest, shall
be owned by Grantee. It Is
not necessary for Grantee
herein to account to Grantor
for any portion of production
Irons the well drilled from
said surface location, the
completion Interval of which
Is under lands or theses en.
der whic',) Grao0Qtr owns no
Interest In the minerals or
royalties.
Grantee shall have the
right to enter upon the prem-
ises and remove -any and all
machinery,- equipMent, or
other personal property,
• whether affixed to the land
or not, for six (6) months fol.
lowing termination h8Ye08.
It Is distinctly understood
that fhls is nota conveyance
of the land covered by said
surface lease nor of the
mlenrals therein and there-
under, but conveys only the
surface lease herein de•
scribed.
II Is further agreed that
Exxon Corporation will corn.
ply with all applicable ordl.
trances and provialons of
Chapter 35 of the Code of Or.
dlnances for the City of Cor.
pus Christi and the granting
of said lease shall In no man-
ner affect the right of Grant-
or In enforcing said ordl.
nances.
It Is further agreed that
said lease shall not be trans.
(erred, assigned or sub•
leased by Grantee except
with the approval of Grantor
expressed by ordinante:ex-
cept as between Exxon Cor-
poration and Sun 011 Com -
pang (a Delaware
cot 'Oration) or their --W e,
cess0rs.
TO HAVE AND TO HOLD
the aforesaid surface lease
together with the rights of in-
gress and egress, unto
Grantee, Its successors and
assigns, for the purposes set
out herein,- for ,so long as
used for the purposes, or any
part of them, herein granted.
EXECUTED this the --
day of ---, 1980.
EXXON CORPORATION.
By
Attorney In Fact
SUN OIL COMPANY
(Delaware)
By
Attorney In Fact
CITY OF CORPUS CHRISTI
By
R. Marvin Townsend,
City Manager
ATTEST:
City Secretary
APPROVED:
I - _ DAY OF .__1980:
TTlw right, ant ro t , 080
privilege to use a 2.07 acre
directional drill site at 8 lo.
cation as shown on the map
marked Exhibit A attached
hereto and made a part here-
of tor all purposes. The di-
rectional drill site will be
used for the production [doll,
gas, or other minerals from
one well completed on State
Tract 13 in the ,Caguna
Madre, Nueces County,
Texas (Exxon Lease No.
57718). This grant Includes
the right to construct, use,
operate, maintain, replace,
alter, protect, and remove
any and all foundations, der
ricks, oil or gas wellhead and
• completion equipment,
manifolds, storage tanks,
p 1pellnes, telephone and
- power Inc,l, pits, separators,
treating and measuring
equipment,
wells, water
B
all
dis-
posalother
equipment, fixtures, and fa.
ditties necessary or 00000n -
lent In connection with the
drilling for the producing,
handling, storing, treating,
and marketing of oil. gas or
other minerals that may be
produced herefrom.
2. Ingress and egress by
roads mutually agreeable to
Grantor and Grantee.
3. A subsurface easement
through and under said di•
rectIonel drill site and
through and under any lends
of Grantor situated adtacent
or contiguous t0 or In the vi-
cinity of said directional drill
site In connection with the
drilling of a directional ,well
and the/00781100 Ind pro-
duction thereof.
The teenf thiathase glia f
bo
e limited t0 sixty year,
from the ddte of this lease or
sooner It Grantee abandons
said leased area.
As additional consid-
eration for the rights herein
granted, Grantee agrees tc
pay as rental to Grantor a1
the. petroleum Superintend.
ant's office located at 302 S.
Shoreline, P.O. 9277, Corpus
'Christ), Texas 711408, on or
before the first anniversary
date of this lease, the sum of
Nine Hundred Eighteen and
No/100 Dollars (0918.00) and
said rental shall Increase
eight percent over and above
the previous year's rental for
each successive year said
these is in effect until such
time as Grantee abandons
said leased area or the term
of the lease expires. Suct
payment may be made b1
the check or draft 0f Granter
mailed or delivered to Grant
or at the aforesaid address
on or before the annlversar
date. Failure of Grantee ti
pay the said rental with),
thirty days after the an
nlversary date of said lease
shall cause said tease to ter
m)nate an12-#11•71ffinathithf
.edhereunder shall automat
Welly revert to -Grantor.,
gtMdtsistobd -ant
- fhrtgtd6 he7eh
_armful shalt be th+sddRl
_t0 hnd not to dorcaayle 0
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, la„
County of Nueces. J�
Before me, the undersigned, a Notary Public, this day personally came.
IARRAINE CORTEZ who being first duly sworn, according to law, says that he is the
ACCOUNTING CLRRR of the Corpus Christi Caller and The Corpus Christi Times,
Deily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
NOTICE OF PASSAGE OR ORDINANCE ON FIRST READING AUTHORIZING EXECUTION A SURFACE J.F.ASE FOR.
of which the annexed is a true copy, was published in THE. rnRPJJrt .CSBI.STLCALLEE=I S
on the 4th day of.._ _AUGUST _.__ ._ 194 and once each. a8T._..._thereafter for_ one
consecuttve..__.__.._..__..._..._t�!( ._
1114
^one _Times. J
LORRAIN CORTEZ ACCOUNTING
f] i
ACCOUNTING CLERK
Subscribed and sworn to before me this_._.._8.a. __day
f5frr.
LOIS WINN
AO
Ido Public, ueces County, Texas
NOTICE
D DINA 'CE OtC
FIOST RF -DING
n'ITHL 6171.5GF.U-
LEASE FOR A 1.07 -ACRE
'DRILL SITE IN LOT 13,
I BLUFF AND ENC NAL
' ,FARM ND GAREN
I TRACTS, WITH EXXON
CORPORATION AND SUN
1 OIL COMPANY AS LESSEE
'AND THE CITY OF COR-
' PUS CHRISTI AS LESSOR,
; FOR A TERMUP TO
SIXTY YEARS, NFCONSID
IERATOF A
RENTALNPAYMENTASH OF
8850 FOR THE FIRST
YEAR AND A LIKE
I AMOUNT PLUS AN AN-
_ NUAL INCREASE OF
EIGHT PERCENT FOR
THE REMAILEASE TERMS OF
HE AS
E FULLY SET FORTH
NO THE SURFACE LEASE
'FOR DIRECTIONAL
;DRILL SITE, A SUB•
STANTIAL COPY OF
WHICH IS ATTACHED.
HERETO AND MADE A
PART HEREOF, MARKED
(EXHIBIT"1". given that
Notice Is hereby
ICorpos l'he City Council of e Christi has,on the
',30th day of July, 1980, ap-
proved on first reading th
laforementloned ordinanc
'The full text of said ordl•
dance Is available to the pub-iI
Ills in the Office of the City
Secretary-
-s -Bill G. Read
Bill G. Rend,
City Secretary
City of Corpus
Christi, Te030
PUBLISHER'S AFFIDAVIT
STATE OF TERAS, Ls:
County of Nueces. f
Before me, the undersigned, a Notary Public, this day personally came.
LORRAINE CORTEZ
who being first duly sworn, according to law, says that he is the
ACCOIINTING CLERK 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
AN ORDINANCE OF A SURFACE LEASE FOR 2.07 acre drill site in lot 13, section 569 FLOUR BLUFF.
THE CORPUS CHRISTI CALLER -TIMES
of which the annexed is a true copy, was published in
on the..lSth day of_AUGUST 19 BO , and once each__ day _.__._thereafter for one
consecutive.. days
one des,
104x4 5QRRATNE rORTR7
accounting clerk
Subscribed and sworn to before me this _?0th may of__...._.. AUGUST
19 80
LOIS WINK
Notary Public, Nueces County, Texas