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: