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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 ..4 .10B 4• 3 \ ,s co \ Sf 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' \ /! mAv" 4 pA / sf L A / ofa 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.