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HomeMy WebLinkAboutResolution - 1960 - Pooling Agreement, Etc. - Martha Louise Et Al. - Oil Leases - 02/28/1985MH:js RESOLUTION Resolution #1960 Agenda Item #36 February 28, 1985 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Voluntary Pooling Agreement and Designation for Pooling Leases in Units of Specified Acreage by and between the City of Lubbock and Martha Louise and Billy Dean Harmon, John Louis and Linda Anne Quillen, Lessors and W. E. Medlock, Sr. and S. E. Cone, Jr., as Lessees, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 28th day of Februar-y 1985. AL HE R—Y KAMOR ATTEST: e Boyd, City Secretary APPROVED AS TO CONTENT: i Robert Massengale, A istant City j Manager APPROVED AS TO FORM: Michele flart, Assistant City Attorney No Text VOLUNTARY POOLING AGREEMENT AND DESIGNATION FOR POOLING LEASES IN UNITS OF SPECIFIED ACREAGE WHEREAS, W.E. MEDLOCR, SR., and S.E. CONE, JR., of Lubbock, Texas, are the owners of oil, gas and mineral leases covering the following described lands situated in Lubbock County, State of Texas, to wit: The North One -Half (N/2) of Section 13, Block A, T.T. Ry. Co. Survey, Abstract 89, Cert. 184, Lubbock County, Texas, con- taining 320 acres of land, more or less; and, WHEREAS, it is desirable that the above-named Lessees be authorized to develop said leases by subdividing the same or por- tions thereof into the drilling or spacing units of not more than forty (40) acres each, as set forth on the attached exhibit, to promote the conservation of the oil and gas on, in, under, and that may be produced from said premises; and WHEREAS, the undersigned (other than Lessees), hereinafter called "Royalty Owners", whether one or more, are the owners of royalty interest in the oil and gas in said lands and are entitled to the payment of royalties to the extent of their respective inte- rests in accordance with the terms and provisions of said leases; and WHEREAS, the Royalty Owners are desirous of authorizing such a pooling arrangement in view of the benefits which will accrue to them therefrom: NOW, THEREFORE, for and in consideration of the premises and in consideration of the benefits to be derived by the undersigned, and for the further consideration of the sum of One Dollar ($1.00) cash in hand paid to Royalty Owners by Lessees, the receipt and sufficiency of which are hereby acknowledged and confessed, it is hereby agreed by and between said Lessees and Royalty Owners as follows, to -wit: 1. The Royalty Owners hereby fully authorize, empower and grant unto Lessees the power and right to combine or pool said leases or portions thereof into units of not more than forty (40) acres each for the purpose of developing and operating the acre- age. 2. If the area included in a unit should embrace acreage lying within two or more of said leases and should production of oil or gas be had from such unit, it shall be considered that such production is had from each of the leases out of which acreage is taken in order to form such unit, and each such lease will be credited with that portion of the production of oil or gas from such until that will equal the ratio between the acreage taken from the lease and placed in the unit and the total acreage in the unit. For example: should a 20 -acre unit be formed by taking five acres from one lease, five acres from another lease and ten acres from still another lease, then it will be considered that one-fourth of the production received from the unit will accrue to the first lease mentioned, one-fourth thereof to the second lease mentioned and one-half thereof to the third lease mentioned, and an account- ing to the royalty holders under each respective lease will be made accordingly. It will be considered upon obtaining production of oil or gas from any such unit that production is being had from each lease from which acreage is taken in order to form such unit, but such production shall be apportioned between the several leases as provided above. 3. In performing the development obligations under said leases, the Lessee in no event shall be required to drill more than one well on each unit to each separate horizon from which oil or gas may be produced in paying quantities. Nothing herein contained shall be so construed as to increase or add to the obligation or reasonable development contained in said leases. 4. As further consideration for the execution of this instru- ment, Lessee agrees that after pooling agreements similar hereto have been signed by all the persons, firms or corporations who own mineral and royalty interests in the survey or surveys in which said leases are located, it will commence operations for drilling a well within the area herein pooled during the various time periods set forth in said leases. After such well is commenced Lessee shall drill the same with due diligence and dispatch to a depth of approximately 5600 feet, unless oil, gas or other mineral is encountered at a lesser depth, or dome material, cavity or heaving shale is encountered at a lesser depth. Failure of Lessee to commence said well as above provided, and to drill the same with due diligence and dispatch as provided above shall result only in the dissolution of this agreement to pool, and shall in no way affect or impair Lessee's rights under the above mentioned oil and gas mineral lease. The units are designated the "Harmon -City of Lubbock Unit #1" and the "Harmon -City of Lubbock Unit #2" and are more fully described by metes and bounds on the attached exhibit which is incorporated by reference as if fully set forth herein. This agreement may be executed in any number of counterparts, and each such counterpart so executed shall have the same force and r effect as an original instrument, and as if all of the parties to the aggregate counterparts had signed the same document, or the same may be ratified by a separate instrument in writing referring to this contract. THIS AGREEMENT shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, successors, assigns and legal representatives. IN WITNESS WHEREOF, this instrument is executed in multiple originals this the 9B_ day of ��Fg�paAA„ , 1984. Lessors: City of bb k, T as BY: ALAN HENRYmayo MARTHA LOUISE HARMON BILLY DEAN HARMON JOHN LOUIS QUILLEN LINDA ANNE QUILLEN Lessees: W.E. MEDLOCR, SR. S.E. CONE, JR. THE STATE OF TEXAS § S COUNTY OF CASTRO § BEFORE ME, the undersigned authority in and for said County and State, on this day personally appeared BILLY DEAN HARMON and wife, MARTHA LOUISE HARMON# known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this day of 19 Notary Public in and for The State of Texas THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority in and for said County and State, on this day personally appeared ALAN HENRY, Mayor, known to me to be the person -whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Lubbock and as Mayor, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this day of , 19 . Notary Public in and for The State of Texas THE STATE OF CALIFORNIA § S COUNTY OF STANISLAUS § BEFORE ME, the undersigned authority in and for said County and State, on this day personally appeared JOHN LOUIS QUILLEN, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and,in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this , 19 . Notary Public in and for The State of Texas day of THE STATE OF CALIFORNIA § S COUNTY OF STANISLAUS S BEFORE ME, the undersigned authority in and for said County and State, on this day personally appeared LINDA ANNE QUILLEN, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed, and In the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this day of , 19 Notary Public in and for The State of Texas THE STATE OF TEXAS S S COUNTY OF LUBBOCK S _ BEFORE ME, the undersigned authority in and for said County and State, on this day personally appeared W.E. MEDLOCK, SR., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this day of , 19 . Notary Public in and for The State of Texas THE STATE OF TEXAS $ COUNTY OF LUBBOCK S BEFORE ME, the undersigned authority in and for said County and State, on this day personally appeared S.E. CONE, JR., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this day of , 19 Notary Public in and for The State of Texas Lubbock, Texas 79417 Marmon -Cit of Lubbock Unit #1 e--> 8870 AI' 51" E - ?," 90.4 ' I Ax 01 T n. v.3 17vX;sp{0i' 61•4 E. 32Z7.7 %to'"�13Zo—. ^' n Sao . . M 3'0 09 Alp. 49 op iJ i3'!' 50'30"" W• •'sS►1s.01 40 . 40 Aa r cam+ mfo 44" S43ZW • 164.0' ;,. � OM !_ co +_ - -- t0 346.x• 3 U r- r. •S — O 1041 330, O `� 87'• 15" W - 1576.31' •. 1 di 50"OS'irJ-fo18.o, �-�,�°J.IS r s P la 40 A 0 to _o 19.371 Ac. '' P s e'5•4s' Bo" e - tS,o.41 P�I�UCK A N Sara1's to �e,�s• Luk UntL Harmon -City of q --- — L �� • � W 23.3 330' v d u 89'41'51" I3'lo' - l 40 Ar- LUbBOCV. 0 C01-1Kj''I- J1 ;- O 1 I I S69°41'35„ E 41b.fo' a n 1140.8' -- _ - 7. W &5"41'35” W -16001 J S r too' SCALE 10 = 100. Q lJC7�/EMP�R 17, : � f2E.VMF-0 WoV.I,!, • : SET tfz" Pi; REVISED DEC. 16i 1? F . �+ .......:... a JOHN N. WiL50N .. OPERATOR . Medlock Operating Company .. 232.. FIELD . Edmisson I +{ s : E'•`" -4� LEASE . City of Lubbock ACRES IN IZ.ASE : 409.01 acres DESCRIPTION : A tract of land out of Section 12, 13 and 17, Block A, Lubbock County, Texas (as shown on this plat). t CERTIFIM CORREC•r 4bhnt=.- Wilson Pegistered Public Surveyor WICS" SURVIVING C4., INC (606) 763-3366 • 171 CAVEHUE R e LU6000K. TEXAS 79401 fh. 204-9 #20,431 EXHIBIT "A" Harmon -City of Lubbock Unit #1 METES AND BOUNDS DESCRIPTION for a 40.0 acre drilling unit out of Section 13, Block A, Lubbock County, Texas, and being more particularly described as follows: BEGINNING at a point in the North line of Section 13, Block A, for the Northeast and beginning corner of this description, whence the Northeast corner of Section 13, Block A. bears South 89'41'51", East, 1804.0 feet; THENCE South 0'05000" West, at 1495.32 feet past a line of the City of Lubbock property, continuing for a total distance of 2123.39 feet to a point for the Southeast corner of this description; THENCE South 89°11135" West, 634.78 feet to a point for the Southwest corner of this description; THENCE North 0°051000 East, 628.07 feet to a point, at a corner of said City of Lubbock property, for a corner of this description; THENCE North 0001128" East, 770.13 feet to a point for a corner of this description; THENCE North 44°54132" West, 184.0 feet to a point for a corner of this description; THENCE North 83°50130" West, 351.05 feet to a. point for a corner of this description; THENCE North 3°04109" West, 146.8 feet to a point for a corner of this description; THENCE North 87047119" West, 210.6 feet to a point for a corner of this description; THENCE North 2'16119" West, 418.9 feet to a point in the North line of Section 13, Block A, for the Northwest corner of this description; THENCE South 89041151" East, along the North line of Section 13, Block A. 1350.42 feet to the point of beginning. CONTAINING 40.0 acres. EXHIBIT "B" Harmon -City of Lubbock Unit #2 METES AND BOUNDS DESCRIPTION for a 40.0 acre drilling unit out of Section 13, Block A, Lubbock County, Texas, and being more particularly described as follows: BEGINNING at a point for the Northeast and beginning corner of this description, whence the Northeast corner of Section 13, Block A. bears North 0'05.00" East, 1320.0 feet and South 89`41'51" East, 484.0 feet; THENCE South 0'05100" West, 1320.0 feet to a point for the Southeast corner of this description; THENCE North 89'41151" West, 881.67 feet past a line of the City of Lubbock property, continuing for a total distance of 1320.0 feet to a point for the Southwest corner of this description; THENCE North 0`05100" East at 1144.68 feet past a line of said City of Lubbock property, continuing for a total distance of 1320.0 feet to a point for the Northwest corner of this description; THENCE South 89°41151" East, 1320.0 feet to the point of beginning. CONTAINING 40.0 acres. EXHIBIT "C"