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Res 2521 5/6/1980RESOLUTION NO. oi5 RESOLUTION APPROVING CONSOLIDATION AGREEMENT WITH BURNS LEASING CORP. , CONSOLIDATING OIL AND GAS LEASES AT LAKE KICKAPOO. WHEREAS, heretofore the City of Wichita Falls executed an oil and gas lease to Burns Leasing Corp. covering 45 acres, more or less, near Lake Kickapoo, which lease is recorded in Volume 382, Page 214 , Archer County Deed Records; and, WHEREAS, the City of Wichita Falls executed an oil and gas lease to S. Keith Tuthill and Bill J. Barbee, covering approximately 124 acres near Lake Kickapoo, which lease is recorded in Volume 383, Page 233, Archer County Deed Records; and, WHEREAS, Burns Leasing Corp. has acquired the latter lease insofar as it covers 15 acres, and desires to consoli- date it with the lease first described above. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain Consolidation Agreement, a copy of which is attached hereto, between the City of Wichita Falls and Burns Leasing Corp. , is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED this the 6th day of May, 1980. A Y O R ATTEST: Ar z4, a>z.,L Cit ClerkY CONSOLIDATION AGREEMENT STATE OF TEXAS COUNTY OF ARCHER WHEREAS, heretofore by instrument intended to be effective June 1, 1979, the City of Wichita Falls, Texas, as lessor, executed and delivered to Burns Leasing Corp. , as lessee, an oil and gas lease covering the following described property in Archer County, Texas, to-wit: BEGINNING at a point located in the East fence of the City of Wichita Falls Lake Kickapoo property where the fence crosses the South line of SA&MG Survey No. 177, Abst. No. 447 . Said point being approxi- mately 1250 feet West of the Southeast corner of said SA&MG Survey No. 177; THENCE No. 16 deg. 19 min. East along said East fence line of the City of Wichita Falls Lake Kickapoo property, a distance of approxi- mately 1080 feet, a corner in said fence line; THENCE North 75 deg. 5 min. West continuing along said fence line of the City of Wichitag Falls Lake Kickapoo property 1640 feet to a point, a corner in said fence line; THENCE nSouth1450feettoapoint in the South line of SA&MG Survey No. 177; THENCE East along the South line of the survey 1290 feet to the point of beginning; Said tract being 45 acres, more or less, said lease appearing of record in Volume 382 at Page 214 of the Deed Records of Archer County, Texas, and WHEREAS, under date of June 1, 1979, a certain oil and gas lease was made and entered into by and between the City of Wichita Falls, Texas, as lessor, and S. Keith Tuthill and Bill J. Barbee, as lessee, covering, together with other property, the following described tract of land in Archer County, Texas, to- wit: BEGINNING at a point located in the East fence of the City of Wichita Falls Lake Kickapoo property where the fence crosses the South line of SA&MG Survey #177, A-447 , which point is also in the North Boundary line of R. Carson Survey #174 , A-108 . Said point being approximately 1250 feet West of the Southeast corner of said SA&MG Survey 177; THENCE West along the North Boundary Line of R. Carson Survey #174 , A-108, 1290 feet to a point for the Northwest corner of this tract; THENCE South 600 feet to a point in the R. Carson Survey #174 , A-108 for the Southwest corner of this tract; THENCE East 1070 feet to a point in the East fence of the City of Wichita Falls Lake Kickapoo property; THENCE North 16 deg. 19 min. East along said fence line to the place of beginning, containing 15 acres, more or less, said lease appearing of record in Volume 383 at Page 233 of the Deed Records of Archer County, Texas, and WHEREAS, the last lease above described (the S. Keith Tuthill, et al, lease) insofar as the same covers and includes the above described 15-acre tract, is at present owned by and the property of the said Burns Leasing Corp. , and WHEREAS, the undersigned parties, being the City of Wichita Falls, Texas, lessor in both of the above described leases and Burns Leasing Corp. , the present owner thereof, insofar as the same cover and include the tracts particularly described above, have agreed upon a consolidation of the same and desire to evidence such agreement hereby; NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10. 00) and other good and valuable consideration in hand paid to each party hereto by the other party, the undersigned do hereby contract, stipulate and agree that the above described oil and gas leases, and the leasehold estates hereby created, insofar as the same cover and include the tracts particularly described above, shall be, and the same hereby are, consolidated and may hereafter be treated as a single lease and leasehold estate with respect to all of such property, to the same effect and purpose as if a single oil and gas lease had originally been executed covering all of the property lying within both of said tracts. It is intended hereby to evidence the agreement of the parties that development operations on and/or production from any portion of the above described property shall be considered to be 2- I operations on and/or production from all of the same, regardless of the actual location of such operations and/or production. IN WITNESS WHEREOF, this instrument is executed this fQ - day of December, 1979. CITY OF WICHITA FALLS, TEXAS By Gerald G. Fox, City Manager ATTEST: City Clerk BURNS LEASING CORP. B Y H. R. Knotts, President ATTEST: ere' ary STATE OF TEXAS COUNTY OF WICHITA BEFORE ME, the undersigned, a Notary Public in and for Wichita County, Texas, on this day personally appeared GERALD G. FOX, Manager of the City of Wichita Falls, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said CITY OF WICHITA FALLS, TEXAS, a municipal corporation, and that he executed the same as the act of said City of Wichita Falls, Texas, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of December, 1979. Notary Public in and for Wichita County, Texas My Commission Expires: