HomeMy WebLinkAboutCity Council Resolutions (R-11-3377)-07/12/2011RESOLUTION R-11-3377
A RESOLUTION AMENDING THE MINERAL GAS LEASE AGREEMENT WITH
TITAN OPERATING, LLC.
WHEREAS, the City of Colleyville entered into an Oil, Gas and Mineral Lease with
Titan Operating, LLC. on November 20, 2008; and
WHEREAS, Titan Operating, LLC. has notified the City that approximately 27.8682
acres were inadvertently excluded from the lease; and
WHEREAS, Titan Operating, LLC. and the City wish to add an additional parcel, Tract
47, (1.344 acres) to the Lease; and
WHEREAS, all requirements for the adoption of this Resolution have been met,
including, but not limited to, the Open Meetings Act.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT the City of Colleyville hereby approves the Amendment of Oil, Gas
and Mineral Lease as attached as Exhibit "A".
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF ~ AYES, D NAYS AND ~
ABSTENTIONS ON THIS THE .5" DAY OF
2011.
ATTE :
Cynthia Singleton,
City Secretary
CITY OF COL~EYVILLE
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David Kelly
Mayor
TRMC, CMC
Exhibit "A"
AMENDNIENT OF OIL, GAS AND MINERAL L.EASE
STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL NIEN BY THESE PRESENTS:
WHEREAS, a certain Oil, Gas and Mineral Lease was e~cecuted by The City of Colleyville as Lessor and Titan
Operating, LLC, as Lessee, recorded Document Number D208451922, of the Public Records of Tarrant County,
"T'exas (t he "Lease").
WEIEREAS, 'I'racts 44, 45, and 46 were inadvertently excluded from the Lease, and it was the intention of
Lessor and Lessee to include those Tracts in the Lease.
WHEREAS, it is the desire of the parties hereto to amend the legal description to include tracts 44, 45, and 46
pursuant to and consistent with the existing terms of the Lease.
WHEREAS, it is the desire of the parties hereto to amend the legal description to include one additional tract of
land, Tract 47.
WHEREAS, the Tract 47 bonus will be paid at the rate of $4,000 per acre.
WHEREAS, a(1 bonuses paid hereunder shatl be paid within one week of the execution of this Amendment.
NOW THEREFORE, the undersigned, in consideration of the sum of Ten Dollars ($10.00) cash in hand paid and
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby
agree as follows:
The legal description referenced in Paragraph 1 and described on Exhibit A of said lease shall be amended to add
the following tracts of land, as described below:
Tract 44
BEING all that certain lot, tract or parcel of land being out of the WILLIAM DUNN SURVEY, ABSTRACT NO.
404, Volume 41, and the JOSEPH WHITE SURVEY, ABSTRACT NO. 1692, Tarrant County, Texas, and
described by metes and bounds as follows:
BEGINNING at an iron pin for corner in the center of County Road No. 3016 (now called Pleasant Run Road),
being 360.6 feet South 08 degrees 16 minutes West and 1,784.86 feet (incorrectly stated as 184.86 feet on deed
conveying property to Bransford Park Land Trust) South 00 degrees 53 minutes East from the Northwest corner of
said Dunn Survey;
THENCE South 00 degrees 53 minutes East, along the center of said road, 114.62 feet to an iron pin for corner;
THENCE South 43 degrees 23 minutes East, 546.0 feet to an iron pin for corner;
THENCE South I 1 degrees 34 minutes East, 785.0 feet to an iron pin for corner;
THENCE South 56 degrees 11 minutes East, 23.6 feet to an iron pin for corner in the North line of the St. Lotiis &
Southwestern Railroad R.O. W;
THENCE North 47 degrees 00 minutes East, along the North line of said Railroad R.O.W. l 275 4 feet to an iron
pin for corner; ' ' ~
THENCE North 00 degrees 27 minutes West, 430.18 feet to an iron pin for corner;
THENCE South 89 degrees 45 minutes West, 1,483.21 feet to the POINT OF BEGINNING, containing 24.994
acres, more or less;
Amendment of Oil, Gas and Mineral Lcase
Page 2 of 5
SAVE ~~ND EXCEPT 2.772 acres of land, more or less, being all that certain tract or parcel of land in the City of
Colleyv i lle, Texas situated in the JOSEPH WHITE SURVEY, ABSTRACT NO. 1692, '('arrant County, "I'exas, and
being a part of that same tract of land conveyed to Bobby D. E3ollinger and wife, Dana L. Bollinger From Stevcn
Cordas, et al, by deed dated May t 9, 1982, and recorded in Vulume 7302, Page I 8 i 5, Deed Records uf Tarrant
County, Te~cas, and being described by metes and bounds as follows:
[3EGlNNING at an iron pin in the Noi~th~vest right-of-way line of the St. Louis and Southwestern Railrc~ad
Company tract, said point being South d8 degrees l0 minutes 40 seconds West, 9d7.54 feet from the Northeast
curner o f the above mentioned Bollinger tract;
THENC: E South 48 degrees 10 minutes ~0 seconds West along said railroad right-of-way 305.70 feet to an iron pin
for corn~:r in the centerline of Pleasant Run Road;
"C'HENC E along the centerline of Pleasant Run Road the following courses and distances;
NORTH 21 degrees 45 minutes 22 seconds West, 12l .64 feet;
NORTH 14 degrees 08 minutes 51 seconds West, 164.07 feet;
NORTE-I 09 degrees 53 minutes 57 seconds West, 209.10 feet to a point for corner;
THENC E North 79 degrees 08 minutes 50 seconds East, leaving said road, 291.07 feet to an iron in for corner;
THENCE South 10 degrees 51 minutes 10 seconds East, 335.00 feet to the PLACE OF BEG-NN[NG and
containing 120,761 square feet or 2.772 acres of land, more or less,
containing in all 22.222 acres, more or less
Tract d5
BE[NG a portion of those certain tracts of land situated in the T. J. POULSON SURVEY, ABSTRACT NO. 1248,
Tarrant County, Texas, as described by deed to Brown Trail North Joint Venture and recorded in Volume 7631,
Page 1758 and Volume 7667, Page 807, Deed Records, Tarrant County, Texas, and being more particularly
described by metes and bounds as follows:
COMMENCING at a%z inch iron rod with cap stamped "HORIZON SURVEY CO." found at the point where the
northeasternly right-of-way line of Brown Trail (an 80 foot right-of-way) intersects the southeasterly right-of-way
line of State Highway No. 26 (Colleyville Boulevard) (a 100 foot right-of-way at this point);
THENCE North 46 degrees 02 minutes O1 seconds East, 259.11 feet with said southeaster(y right-of-way line to a
'/~ inch iron rod with cap stamped "HORIZON SURVEY CO." * set;
THENCE North 57 degrees O1 minutes 52 seconds East, 102.38 feet with said southeasterly right-of-way line to a
'/4 inch iron rod found;
THENCE North 46 degrees 02 minutes O1 seconds East, 19.18 feet with said southeasterly right-of-way line to a'/z
inch iron rod with cap stamped "HORIZON SURVEY CO." * set for the POINT OF BEGINNING;
THENCE North 46 degrees 02 minutes O1 seconds East, 180.82 feet with said southeasterly right-of-way line to a
'/z inch iron rod with cap stamped "HORIZON SURVEY CO." * set;
THENCE North 40 degrees 19 minutes 14 seconds East, 83.02 feet with southeasterly right-of-way line to a Y inch
iron rod with cap stamped ``HORIZON SURVEY CO." * set for the northwest corner of said tract of land recorded
in Volume 763 l, Page 1758 and the southwest corner of a tract of land described by deeds to G. A. Day as recorded
in Volume 4931, Page 50 of said records;
THENCE South 44 degrees 07 minutes 59 seconds East, 142.91 feet (South 44 degrees 32 minutes East deed) with
a northerly line of said tract of land, recorded in Volume 7631, Page 1758 and a southerly line of said G. A. Day
tract to a'/ inch rod found;
THENCE South 56 degrees 20 minutes 12 seconds East, 123.84 feet (South 56 degrees 24 minutes 31 seconds East
deed) with a northerly line of said tract of land recorded in Volume 7631, Page 1758 and a southerly line of said G.
A. Day tract to a% inch iron rod found for corner in an easterly line of said T. J. Poulson Survey;
THENCE South O1 degrees 29 minutes 43 seconds West, (South 01 degrees 08 minutes ~5 seconds West deed)
with said survey line and an easterly line of said tract of land recorded in Volume 7631, Page 1758 and a westerly
tract of land described by deed to Chandler/Cantrell Properties, Inc. as recorded in Volume 9828, Page 40 of said
records and a westerly line of Saddlebrook Addition, an Addition to the City of Colleyville as recorded in Plat
Volume 388-177, Page 1, Plat Records, Tarrant County, Texas at 104.79 feet pass a'/z inch iron rod found for a
southwesterly corner of said tract of land recorded in Volume 763 l, Page 1758 and the northeast corner of said tract
Amendment of Oil, Gas and Min~ral l,case
P1ge 3 ot' S
of land recorded in Volume 7667, Page 807 continuing with the east line of said tract of land recorded in Vo(tune
7667, Page 807 and a west line of said Saddlebrook Addition, in all, a distance of 239.79 Feet to a'/ inch iron rc~d
with a cap stamped "HORIZON SURVEY CO." * set;
THENCE North 58 degrees 38 minutes 23 seconds West, 225.51 feet to a'/z inch iron rod with cap stamped
"I-IORI"LON SURVEY CO." * set;
THENCE North 61 degrees 00 minutes 13 seconds West, 214.91 f'eet to the POINT OF BEGINNING and
containi ng 1.778 acres of land, more or less
SAVE AND EXCEPT 0.235 acres of land, more or less, situated in the T. J. POULSON SURVEY, ~1E3STRnC~('
N0. 1248, Tarrant County, Texas, and being that same tract ot~ land conveyed to the State of Texas from the
Bransford Park Land Trust, by deed dated August 7, 2007, and recorded in Document No. D207387683, Deed
Records of Tarrant County, Texas, and being out of that parcel of land conveyed by Sandlin Properties, Inc. to
Bransford Park Land Trust, by deed dated July 22, 1996 and recorded in Volume 12458, Page 1746, of the Deed
Records, Tarrant County, Texas, and more particularly described by metes and bounds as follows:
BEGINNING at a 5/8 inch smooth iron rod with an aluminum cap stamped "TYD.O.T." * set at the intersection uf
the proposed southeasterly right-of-way line of State Highway 26 and the southwesterly line of said Bransford Park
tract, sarne being the northeasterly line of Lot 3, Block ( of Brown Trail West Addition, as recorded in plat Cabinet
A, Slide 1868, of the Plat Records, Tarrant County, Texas, said iron rod being North 62 degrees 18 minutes OS
seconds West, a distance of 189.10 feet from a%2 inch iron rod found in an angle point in said Bransford Park
southwesterly line, same being the east corner of said Brown Trail West Lot 3, said beginning iron rod being 81.54
feet southeast of and at right angles to the proposed centerline survey station 115+66.34 of said State Highway 26;
THENC E North 62 degrees I 8 minutes OS seconds West, along said common line a distance of 26.09 feet to the
west corner of said Bransford Park tract, same being the north corner of said Brown Trail West Lot 3 and being in
the eYisting southeasterly right-of-way line of said State Highway;
THENC E North 44 degrees 44 minutes 09 seconds East, along said existing right-of-way line, a distance of 180.82
feet to an angle point;
THENCE North 39 degrees 47 minutes 16 seconds East, continuing along said existing right-of-way line, a
distance of 86.29 feet to the north corner of said Bransford tract, same being the west corner of Grapevine-
Colleyvi lle, I.S. D. tract as recorded in Volume 10641, Page 2252, of said deed records;
THENCE South 45 degrees 21 minutes 21 seconds East, along the northeasterly line of said Bransford tract, same
being the southwesterly line of said Grapevine-Colleyville tract, a distance of 50.82 feet to 5/8 inch smooth iron rod
with an aluminum cap stamped "TxD.O.T." * set at the intersection of said proposed right-of-way line of said State
Highway;
THENCE South 44 degrees 43 minutes 44 seconds West, along said proposed right-of-way line, a distance of
103.05 feet to a 5/8 inch smooth iron rod with an aluminum cap stamped "TYD.O.T." * set;
THENCE South 51 degrees 28 minutes 16 seconds West, continuing along said proposed right-of-way line a
distance of 157.26 feet to the POINT OF BEGINNING containing 0.235 acres, more or less
Containing in all 1.543 acres, more or less.
Tract 46
BEING Lot 3, Block 1, Braum's/Inland Addition, an Addition to the City of Colleyville, Tarrant County, Tesas,
according to the plat thereof recorded in Cabinet A, Slide 1157, Plat Records, Tarrant County, Texas, said Lot 3
being 4.326? acres, more or less;
SAVE AND EXCEPT 6,955 square feet or 0.160 acres of land, more or less, being a part of Lot 3, Block l,
Braum's/Inland Addition, an Addition to the City of Colleyville, Tarrant County, Texas, according to the plat
thereof recorded in Cabinet A, Slide 1 157, Plat Records, Tari•ant County, Texas, and being that same tract of land
conveyed to the City of Colleyville from the Bransford Land Trust, by deed dated September 21, 2004, and
recorded in Document No. D204354194, Deed Records of Tarrant County, Texas, and being more particularly
described by metes and bounds as follows:
BEGINNING at a 1 inch iron rod found in the west line of Lot l, Block 1 of said Braum's/Inland Addition and
being 74.09 feet North OS degrees OS minutes 50 seconds East of the southwest corner of Lot 1;
THENCE North 44 degrees 53 minutes West, a distance of 31.00 feet to a point for corner;
Amendmcnt c~f Oil, Gas and Mina~al I.case
Page -1 o f' S
~(~I tENC E North 45 degrees 07 minutcs East, a distlnce of 224.36 feet to a point for corner;
T~ IENC E Soud~ ~4 degrees 53 minutes East, a distance of 31.00 feet to a 1 II1CI1 iron r~~d ti~un~l for corner, StUCI
point be i ng the north corner of said Lot I;
T~1ENC E South ~15 degrees 07 minutes West, along the nurthwest line of said Lot 1 a distance uf 22~1.36 teet to the
PLACE OF BEGINNING and containing 6,955 square feet or 0.160 acres, more or less;
FURTHER SAVE AND EXCEPT 2,7?5 square feet or 0.063 acres of land, more or less, being a part of Lut 3,
[31ock I, Braum's/Inland Addition, an Addition to the City of Colleyville, Tarrant County, "I'exas, according ro thc
plat thereof recorded in Cabinet A, Slide 1157, Plat Records, Tarrant County, "I'exas, and being that same tract ot~
land conveyed to the State of Texas from the Bransford Parkland Trust, by deed dated August 7, 2007, and
recorded in Document No. D207387684, Deed Records of Tarrant County, Texas, and being more particularly
described by metes and boimds as follows:
BEGINNING at a Si8 inch iron rod found with a plastic cap stamped "DCA" at the intersection of the proposed
northwesterly right-of-way line of State Highway 26 and the existing northwesterly right-of-way line of State
Highway 26, same being the most easterly southeast corner of said Lot 3, also being the most easterly corner of I_ot
2 of said Block l, being South ~5 degrees 07 minutes 32 seconds East, a distance of 141.86 Feet from a'/z inch iron
rod found at an angle point to said Lot 3, said beginning iron rod also being 73.45 feet northwesterly of and at right
angles to centerline survey station 1 I 5+20.03 of said State Highway 26;
THENCE North 38 degrees 49 minutes 22 seconds East, along said proposed right-of-way line, a distance of
160.82 feet to a 5/8 inch smooth iron rod with an aluminum cap stamped "TxD.O.T." set*;
THENCE North 4~ degrees 43 minutes 44 seconds East, continuing along said proposed right-of-way, a distance
of 78.88 feet to a 5/S inch smooth iron rod with an aluminum cap stamped "TxD.O.T." set on the northerly line of
said Lot 3, same being the southerly line of the certain tract of land conveyed to E. B. Brister, by deed recorded in
Volume 9417, Page 1887 of said deed records;
THENCE South 82 degrees 09 minutes 02 seconds East, continuing with said common line, a distance of 20.62
feet to the most northerly corner of Lot 3, same being in said existing northwesterly right-of-way;
THENCE South 44 degrees 42 minutes 58 seconds West, along said existing right-of-way line, a distance of
251.22 feet to the POINT OF BEGINNING, containing 2,725 square feet or 0.063 acres, more or less;
Containing in all 4.1032 acres, more or less.
Tract 47
1.344 acres by resurvey, more or less, being Block l, Shalimar Addition, an addition to the City of Colleyville,
Tarrant County, Texas, according to the Plat thereof, recorded in Cabinet A, Slide 3974, Plat Records, Tarrant
County, Texas.
Containing in all 287.3926 acres more or less.
For the same consideration recited above, Lessor does hereby consent to, ratify, adopt, and confirm all of
the terms and provisions of the Lease, as amended herein, and does hereby grant, lease, demise, and let to Lessee,
its successors and assigns, the lands covered by said lease, as amended herein, upon and subject to all of the terms
and provisions set out in the Lease, as amended hereby. All other provisions of the Lease not amended herein shall
remain in force and effect as written. The undersigned hereby further declares that the Lease, as amended, in all its
terms and provisions, is and remains a valid and subsisting Oil, Gas, and Mineral Lease, and declares that the Lease
is binding upon the Lessor and Lessor's successors and assigns.
EXECUTED this ~' "' day of , 2011.
Amendment of Oil, Gas and Mineral l.ease
Page 5 ot~ 5
LESSO R:
CITY OF COLLEYVILLE
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T'itle: O/'C./
ATTEST:
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APPROVED AS TO FORM AND LEGALITY:
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gy: I 1` c~hcu ~.-y~,.
Title: ~~ ~ ~ ~ /^M
STATE OF TEXAS
COUNTY OF TARRANT
Coileyville City Council
JUL 0 5 2011
Approved
This instru ent as acknowledged before me on this ~ day of , 2011 by
, 0. O~ of the City of Coll yville, d known to me
to be the person ose e is subscrib o the foregoing instrument, and acknowledged to me that he
executed the same for the purpose and consider~ios~ therein e~~~~esse -l~id in the capacity therein stated.
~~--~-•~`~~=--~ ~ a-r~~
____..
~~T Id~~
.. . CYNTHIA D. SINGLETON
~''~ ~'' :~ Notary Public, Stata of Texas Not ry Public, State of Teras
~-,~~h,~~~, My Commission Expires
Ap~ll 12, 2015
LFSSEE:
TI AN OPERATING, L C
~.~-w i i , ~.~'l~
[3y: William B. Ford
"Citle: Vice President - Land
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on this /~da of
~_ Y ,
2011 by William B. Ford, Vice President - Land of Titan Operating, LLC, know o me to
be the person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he executed the same for the purpose and consideration therein expressed and in the capacity
therein stated. ~
'! CYNTHIA D. SINGlE10N
' Notary Public, State of Texas
+~ .,,:; My Commission Expires
•r;N Aprll 12, 201 S
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