HomeMy WebLinkAbout16098 ORD - 03/11/1981AUTHORIZE EXECUTION OF AMENDMENT TO A SURFACE LEASE
AUTHORIZED BY ORDINANCE NO. 15684, PASSED AND APPROVED
BY THE CITY COUNCIL ON AUGUST 13, 1980, 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,
SAID AMENDMENT TO BE IN CONSIDERATION OF THE LESSEES
RELINQUISHING THEIR RIGHT TO DRILL ELSEWHERE ON THE CITY'S
51 -ACRE TRACT AND THE PAYMENT OF A FEE OF $200 AND THE
ELIMINATION OF THE RESTRICTION AS TO THE NUMBER OF WELLS
THAT CAN BE DRILLED FROM THE SITE, ALL AS MORE FULLY
SET FORTH IN THE SURFACE LEASE AMENDMENT, A SUBSTANTIAL
COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF,
MARKED EXHIBIT A.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager be and he is hereby authorized
to execute a Surface Lease Amendment, amending the lease authorized by Ordi-
nance No. 15684, passed and approved by the City Council on August 13, 1980,
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,. said amendment- to be in considera-
tion of the lessees relinquishing their right to drill elsewhere on the
City's 51 -acre tract, the payment of a fee of $200 and elimination of the.
restriction as to the number of wells that can be drilled from the site, all
as more fully set_forth in the_Surface Lease Amendment, a substantial copy
of which is attached hereto and made a part hereof, marked Exhibit "A".
.16 098
op 27 19P4
MICROFILMED
ISEP
SURFACE LEASE AMENDMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS: THAT,
COUNTY OF NUECES §
WHEREAS, by instrument dated August 13, 1980 recorded in
Volume 1753, Page 434 of the Deed Records of Nueces County,
Texas, to which reference is made herein for all purposes,
(hereinafter called Surface Lease), the City of Corpus
Christi, hereinafter called "Grantor did grant, lease and
let unto Exxon Corporation and
collectively called..'Grantee",
be used as a directional drill
development, and production of
from a well completed on State
Nueces County, Texas; and
WHEREAS, Grantee is the owner of that certain Oil and
Gas Mineral Lease dated October 11,. 1935. executed by William
Turcotte, as Lessor, and H. G. Sherman and T. C. Brannan, as
. Lessee, recorded in Volume. 23, Page 185 of the Oil and Gas
Records of Nueces.County, Texas covering Tract Nos._(13),
(14) and (15).Of Section 56 of the Flour Bluff and Encinal-.
Farm and Garden Tracts in Nueces County, Texas, all as more
fully described in -said instrument to which reference is
made herein for all purposes; and
WHEREAS, the parties hereto desire to amend the said
Surface Lease in the particulars hereinafter set forth.
NOW, THEREFORE, for and in consideration of the mutual
benefits to be derived herefrom and TEN DOLLARS ($10.00) and.
other good and valuable consideration, the receipt and
sufficiency of which is herein acknowledged, Grantor and
Grantee hereby and herein agree to amend the said Surface
Lease by deleting therefrom paragraph numbered "1." in its
entirety and substituting in lieu and in place thereof the
following:
Sun Oil Company, hereinafter
a certain 2.07 acre tract to
site location for drilling,
oil, gas, and other minerals
Tract 13 in the- Laguna Madre,
"1. The right, authority, and privilege to use
2.07 acre tract of land as shown on the map marked
Exhibit "A-1" attached hereto and made a part hereof
for all purposes.The said tract of land will be used
by Grantee for the exploration, drilling, production,
and development of oil, gas, or other minerals from a
well or wells drilled straight or directionally (devia-
tion from vertical) to be located thereon and completed
and bottomed either under the land covered by the.
aforesaid Oil and Gas Mineral Lease dated October 11,
1935, or other lands, outside of said land. This grant
includes the right to construct, use, operate, maintain,
replace, alter, protect, fence, 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 mineralsthatmay be produced
herefrom.
In addition to the above, Grantor and Grantee agree to
amend said Surface Lease by including the following therein:
4. Grantor does also hereby grant, lease and let
exclusively unto Grantee, its successors and assigns
the right to use an additional area Seventy feet (70')
wide and Three Hundred feet (300') long on the Northwest
(NW) side of the said 2.07 acre tract and Seventy feet
(70') wide and Three Hundred feet (300') long on the
Southeast (SE) side of the said 2.07 acre tract, all as
more fully depicted by the hatched area shown as
"Working Area" in "Detail A" of the plat attached
hereto marked Exhibit "A-1". Said right to use such
additional land being for the purpose of allowing
additional working space during Grantee's drilling and
reworking operations on the said 2.07 acre tract df
land, provided, however, that no permanent fixture or
wellhead shall ever be located by Grantee on said
additional area without express written permission
therefor from Grantor.
5. Grantee for the consideration above expressed,
and the benefits derived herefrom, does hereby agree to
waive, relinquish and abandon its rights, as granted
under the aforesaid Oil and Gas Lease dated October 11,
'1935, to use the surface of Lots thirteen (13),`Four-
teen (14), and Fifteen (15), Section Fifty-six (56), of
Flour Bluff and Encinal Farm and Garden Tracts, of
Nueces County; Texas, according to the map or plat
thereof of record in Volume A, Page 42, of the Map
Records of Nueces County, Texas, to which reference is
herein made for all purposes SAVE AND EXCEPT the said
-2.07acre tractdescribed and depicted on the plat
marked Exhibit "A-1" attached hereto. Provided; however,
that nothing contained herein shall be construed as
waiving, releasing, relinquishing any rights sof Grantee
in and to the oil and gas under the said land covered
by the aforesaid Oil and Gas Mineral Lease or other
rights of Grantee to explore for, store and produce
such oil and gas from the said land which do not require
the use of the surface of the said land. Additionally
this instrument shall not affect any other rights owned
or held by Grantee under or by virtue of this Surface
Lease or any other instrument covering all or any
portion of the said land and of record in Nueces County,
Texas, other than said Oil and Gas Mineral Lease.
6. Grantor agrees that during the term of this
Surface Lease no structure, construction or facility
shall ever interfere with Grantee's right to use the
2.07 acre tract for the purposes herein set forth.
Except as amended hereby the said Surface Lease dated
August 13, 1980 shall be and remains in full force and
effect in accordance with all the terms and provisions
thereof and Grantor and Grantee hereby and herein adopt,
ratify and confirm the said Surface Lease as amended hereby.
IN WITNESS WHEREOF, this instrument is executed the
day of 1981.
EXXON CORPORATION
By
Attorney -in -Fact
SUN OIL COMPANY (DELAWARE)
By
Attorney -in -Fact
ATTEST: CITY OF CORPUS CHRISTI
City Secretary
By
R. Marvin Townsend,
City Manager .9%i0„/
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, the undersigned authority, on this day
personally appeared known to me to
be the person whose name is subscribed to the foregoing
instrument as Attorney -in -Fact for EXXON CORPORATION, and
acknowledged to me that he executed the same for the pur-
poses and consideration therein expressed, in the capacity
stated, and as the act and deed of said Exxon Corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the
day of A.D., 19
THE STATE OF TEXAS
COUNTY OF
§
§
Notary Public in and for
Nueces County, Texas.
My commission expires
BEFORE ME, the undersigned authority, on this day
personally appeared , known to me
to be the person whose name is subscribed to the foregoing
instrument as Attorney -in -Fact for SUN OIL COMPANY (DELAWARE),
and acknowledged to me that he executed the same for the
purposes and consideration therein expressed, in the capacity
stated, and as the act and deed of said Sun Oil Company
(Delaware)_
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the'
day of , A. D., 19 .
THE STATE OF TEXAS
COUNTY OF
Notary Public in and for
County, Texas.
My Commission Expires
BEFORE ME, the undersigned authority, on this day
personally appeared R. MARVIN TOWNSEND, known to me to be the
person whose name is subscribed to the .foregoing instrument
as City Manager for the CITY OF CORPUS CHRISTI, and acknow-
ledged to me that he executed the same for the purposes and
consideration therein expressed, in the capacity stated, and
as the act and deed of said City of Corpus Christi,
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the
day of A. D., 19
Notary Public in and for
County, Texas.
My commission expires
ocir'
Fa
yrs
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70'A 300' Work/ng Area
N 67°00'w-330
300
O 2,07 A. 0
M M
300'
T00' Working Area
SW S. Lot /3 5/11 56
DETAIL "A'
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sf L A /
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EXHIBIT
300' X 300' SURFACE DRILL SITE
LOT 13 BLK 56 FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS
NUECES COUNTY, TEXAS
SCALE 1"= 1000`
That the foregoing ordinance was read
' second reading on this the c: day
.following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
Jack K. Dumphy
Leopoldo Luna
Betty N. Turner
Cliff Zarsky
That the foregoing
ordinance as read for he sec nd`tinie and,passed to its
third reading on this the 1 day of/,U,19g/ p , by the
following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
Jack K..Dumphy
Leopoldo Luna
Betty N. Turner
• Cliff Zarsk
for -"e irst time and passed to its
of y 19g/ by the-
/
he. -
That the foregoing ordina a was 'ad for thglthird time and passed finally
on this the it. day of , 1907 by the following vote:
PASSED AND
Luther Jones
Edward L. Sample
Dr. Jack Best
Jack K.' Dumphy
Leopoldo Luna
Betty N. Turner
Cliff Zarsky
APPROVED, this the day of
ATTEST-
Cit ecretary
APPRQVED:
-25 DAY OF , 19
J. BRUCE AYCOCK, CITY ATT RNEY
MAYOR.4/?r
HE CIT F CORPUS CHRISTI, TEXAS
16098
STATE OF TEXAS,
County of Nueces.
}ss:
PUBLISHER'S AFFIDAVIT IF. 219672
CITYOP C.C.
Before me, the undersigned, a Notary Public, this day personally came
., who being first duly sworn. according to law, says that he is the
CQII�lTl�fCt_ CLJ":1sK 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
ORDINANCE 16098 authorize....
of which the annexed is a true copy. was published in .1115._CLEEDS CPiRiSTJ CALLER. TIMES
16t MARCH 1981 dayone
on t?ie._......._ day of .. and once each thereafter for
consecutive day
.one ..................Times.
229.60
Subscribed and sworn to before me this 8th day of APRIL
19 81
LCIS WI NN
rotary ublic, Nueces County, Texas
iux0
STATE OF TEXAS,
County of Nuecea.
Before me, the undersigned, a Notary Public, this day personally came
_-,_EILL.T.E..d_--HENDERSDiI... -, who being first duly sworn, according to law, says that he is the
...._._ACC.QTMaliG_G?EET of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, a said County and State, and that the publication of
., APPROVED...0RDINGE .�Q..A?�TunRr_ZE.
_. pilaIQ..Iicencz_zGTI-6E-- 441 ..-CxIVLN. Tf3� ntEC7Tr
was published in TEE_CD.EF..JI�S CHRISTI CALLER -TIMES
of which the annexed is a true copy,
on the.2??d.-. day of.. ----MARCH
19 81 , and once each Bay thereafter for. .9110
consecutive LlaY
Times.�(
35.6
BILLIE J J. HENDERSON 1 $,�c� - d`
t__ . .'."..'-_.. ACCOUNTING CLERK 19 81
Subscribed and sworn to before me this .th day of MARCH
Not ublic, Nieces County, Texas
}S9:
u rSl i� S F t A
V. 220125
CITY OF C.C.