HomeMy WebLinkAboutRES 14-118RESOLUTION NO. 14-118
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT-
THAT the City Manager be and he is hereby authorized to grant a Subsurface Easement
Agreement to Samson Exploration LLC, substantially in the form attached hereto as Exhibit
"1," that will cross a portion of Landis Drive, said easement being 2.10 acres of land in the
A. Savery League, Abstract 46 for the purpose of drilling wells for oil, gas, and/or other
substances on or across City right-of-way; said work is to be completed in compliance with
City requirements.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of May,
2014.
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NOTICE OF CONFIDENTIALITY RIGHTS: IP YOU AREA NATURAL P13RSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION PROM THIS
INSTRUMENT BEFORE ITIS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER
SUBSURFACE EASEMENT
STATE OF "TEXAS §
§ KNOW ALL N4] --'N BY Tl-IFSL; PRESENTS:
COUNTY OF .IEFFIiRSON §
That the CITY OF B1 AUMONT, a municipal corporation domiciled in .tefferson County, Texas
whose address is P.O. Box 3827, Beaunnont, Texas 77704, for itself and its heirs, administrators,
successors, and assigns (collectively "Grantor'), for and in consideration of the sum of Five
Hundred and no/100ths Dollars ($00.00) and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged and confessed, has granted, conveyed, sold,
and warranted, and does hereby brant, convey, sell, and warrant unto Samson Exploration LLC,
a Texas Limited Liability Company whose address is Samson Plaza, 110 West 7" Street, Tulsa,
Oklahoma 74119 and its affiliates, successors, and assigns (collectively "Grantee") a perpetuate
exclusive easement (the "Fasement") in, through, and under the lands described on attached
Exhibit "A" and map attached as Exhibit "B" located in Jefferson County, Texas (the "Lands")
applicable as to all depths below the surface of all the Lands and right to use the same for the
purposes of drilling wells for oil. gas, and/or other, substances to the Lands or other lands; fin•
installing casing, tubing, and other equipment therein; for reworking, recompleting, repairing,
side-tracking, plugging, and abandoning such wells; for gathering information, exploring for,
and/or producing oil, gas, and/or other substances from the Lands or other lands through such
wells; and/or for iniecting substances into the Lands or other lands through such wells.
The Easement granted herein shall not include any right by Grantee to access or use [tic surface
of' tile Lands.
Except as otherwise set forth herein, Grantor hereby acknowledges receipt of payment as Lull and
complete compensation for the operations contemplated hereunder.
TO HAVE AND TO HOLD the above described ]Easement exclusively unto Grantee, its
successors and assigns, subject to all of the provisions and conditions hereinafter contained.
Grantor does hereby grant unto Grantee, its successors and assigns, the right to freely assign or
otherwise convey all or part of Grantee's interest in said Easement without obtaining the prior
written or oral consent of Grantor.
This Easement and all of the terms, provisions and obligations hereof shall be covenants running
with tine Lands and shall inure to the benefit of and be binding upon Grantor and Grantee and
their respective successors, heirs, and assigns.
'This instrument may be executed as one document or in several partially executed counterparts,
and the original and counterparts shall be construed together and shail constitute one instrument.
The failure of one or more parties to execute this instrument or a counterpart hereof shall not in
any manner affect the validity and binding effect of the same as to the parties who execute said
instrument. For recordation purposes, Grantee is authorized to detach the signature and
acknowledgement pages from one or more counterparts and to attach them for filing with any
other executed counterparts.
EXECUTED this day oi' 2014.
GRANTOR:
City of Beaurnont, "texas
By: KVIe I-taves
Title: Citv Manama
EXHIBIT 1"
S"FAT€_.. OF "I E AS
COUNTY Oh JEFFE'RSON
BEFORE ME, the undersigned authority, on this day personally appeared
Kvle Haves as City Manaeer of the City of Beaumont, a municipal corporation domiciled in
JefRi—son County, 'Texas, known to me to be the person and officer whose name is subscribed to
the foregoing instrument, and acknowledged to me that lie executed the same as the act of such
corporation for the purposes and consideration therein expressed and in the capacity therein
stated.
Notary Public, State of Texas
RETURN TO:
Shelby R. Gibbs
J. Marls Smith c, Associates, Inc.
7485 Pltelan Blvd.
Beaumont, Texas 77706
EXHIBIT "A"
Being approximately 2.10 acres of land in the A. Savery League, Abstract 46, in Beaumont, Jefferson
County, Texas, and also being know as Landis Drive and further described as follows:
Beginning at the south east corner of a 0.2869 acre tract of land described by metes and bounds in
Instrument #f 1999030609 from The Market Place of Texas. Inc to Petro Express Management, Ltd, on
August 5, 1999 in the Deed Records of Jefferson County,-
Thence
ounty;Thence South 81 deg 4.5 min 30 sec West along the north right of way of Landis Drive for a distance of
107.86 feet to a point making the southwest corner of a 0.2869ac tract described in Instrument
# 1999030609 from The Market Place of Texas, Inc to Petro Express Management, Ltd; on August 5,
1999 in the Deed Records of Jefferson County;
Thence North 00 deg 07 min 12 sec West along the west line of said 0.2869ac tract a distance of 10.11
feet to the southeast corner of L,ot 8 Block 3 Meadowbrook 2;
Thence South 81 deg 45 min 41 West a distance of 60 feet to the southeast corner of Lot 1 Block 6
Meadowbrook 2;
Thence South 81 deg 45 min 41 West a distance of' 1210.56 feet along the north right of way of 1_andis
Drive to a point for the south west corner of Lot 14 Block 6 Meadowbrook 2;
Thence South 81 deg 45 min 41 West a distance of 60 feet to the southeast corner of Lot 14 Block 2
Meadowbrook 2;
Thence South 81 deg 4 5 min 41 West along the south line of Lot 14 Block 2 Meadowbrook 2 for a
distance of 1 12.63 to the southeast corner of Lot 14 Block 2 Meadowbrook 2;
Thence South a distance of 60 feet to the south right of way line of Landis Drive;
"Thence in a Northeasterly direction along the sough right of way line of Lanis Drive to a point in the west
right of way line of Major Drive (F. M. Highway 364) approximately 1640 feet;
Thence North along the west right of way line of Major Drive (F. M, Highway 364) approximately 50
feet,
Thence in a southwesterly direction along the north right of way line of Landis Drive to the Place of
Beginning, containing 2.10 acres of land, more or less.
No Text
CIS
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER
SUBSURFACE EASEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON
That the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas
whose address is P.O. Box 3827, Beaumont, Texas 77704, for itself and its heirs, administrators,
successors, and assigns (collectively "Grantor"), for and in consideration of the sum of Five
Hundred and no/100ths Dollars ($500.00) and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged and confessed, has granted, conveyed, sold,
and warranted, and does hereby grant, convey, sell, and warrant unto Samson ExNloration LLC,
a Texas Limited Liability Company whose address is Samson Plaza, 110 West 7 Street, Tulsa,
Oklahoma 74119 and its affiliates, successors, and assigns (collectively "Grantee") a perpetual,
exclusive easement (the "Easement") in, through, and under the lands described on attached
Exhibit "A" and map attached as Exhibit `B" located in Jefferson County, Texas (the "Lands")
applicable as to all depths below the surface of all the Lands and right to use the same for the
purposes of drilling wells for oil, gas, and/or other substances to the Lands or other lands; for
installing casing, tubing, and other equipment therein; for reworking, recompleting, repairing,
side-tracking, plugging, and abandoning such wells; for gathering information, exploring for,
and/or producing oil, gas, and/or other substances from the Lands or other lands through such
wells; and/or for injecting substances into the Lands or other lands through such wells.
The Easement granted herein shall not include any right by Grantee to access or use the surface
of the Lands.
Except as otherwise set forth herein, Grantor hereby acknowledges receipt of payment as full and
complete compensation for the operations contemplated hereunder.
TO HAVE AND TO HOLD the above described Easement exclusively unto Grantee, its
successors and assigns, subject to all of the provisions and conditions hereinafter contained.
Grantor does hereby grant unto Grantee, its successors and assigns, the right to freely assign or
otherwise convey all or part of Grantee's interest in said Easement without obtaining the prior
written or oral consent of Grantor.
This Easement and all of the terms, provisions and obligations hereof shall be covenants running
with the Lands and shall inure to the benefit of and be binding upon Grantor and Grantee and
their respective successors, heirs, and assigns.
This instrument may be executed as one document or in several partially executed counterparts,
and the original and counterparts shall be construed together and shall constitute one instrument.
The failure of one or more parties to execute this instrument or a counterpart hereof shall not in
any manner affect the validity and binding effect of the same as to the parties who execute said
instrument. For recordation purposes, Grantee is authorized to detach the signature and
acknowledgement pages from one or more counterparts and to attach them for filing with any
other executed counterparts.
1✓ �/J
EXECUTED this Zy day of /' /� 2014.
GRANTOR:
City of Beaumont, Texas
L, C L
By: Kyle Hayes
Title: City Manager
2014017490 Page 2 of 5
STATE OF TEXAS
COUNTY OF JEFFERSON
BEFORE ME, the undersigned authority, on this day personally appeared
Kyle Haves as City Manager of the City of Beaumont, a municipal corporation domiciled in
Jefferson County, Texas, known to me to be the person and officer whose name is subscribed to
the foregoing instrument, and acknowledged to me that he executed the same as the act of such
corporation for the purposes and consideration therein expressed and in the capacity therein
stated.
ANGELA MARIE THOMAS
My Commission Expires �'►��-C� e�
December 7. 2016 Notary Public, State of Texas
RETURN TO:
Shelby R. Gibbs
J. Mark Smith & Associates, Inc.
7485 Phelan Blvd.
Beaumont, Texas 77706
2014017490 Page 3 of 5
EXHIBIT "A"
Being approximately 2.10 acres of land in the A. Savery League, Abstract 46, in Beaumont, Jefferson
County, Texas, and also being know as Landis Drive and further described as follows:
Beginning at the south east corner of a 0.2869 acre tract of land described by metes and bounds in
Instrument #1999030609 from The Market Place of Texas, Inc to Petro Express Management, Ltd, on
August 5, 1999 in the Deed Records of Jefferson County;
Thence South 81 deg 45 min 30 sec West along the north right of way of Landis Drive for a distance of
107.86 feet to a point making the southwest corner of a 0.2869ac tract described in Instrument
41999030609 from The Market Place of Texas, Inc to Petro Express Management, Ltd, on August 5,
1999 in the Deed Records of Jefferson County;
Thence North 00 deg 07 min 12 sec West along the west line of said 0.2869ac tract a distance of 10.11
feet to the southeast corner of Lot 8 Block 3 Meadowbrook 2;
Thence South 81 deg 45 min 41 West a distance of 60 feet to the southeast corner of Lot 1 Block 6
Meadowbrook 2;
Thence South 81 deg 45 min 41 West a distance of 1210.56 feet along the north right of way of Landis
Drive to a point for the south west corner of Lot 14 Block 6 Meadowbrook 2;
Thence South 81 deg 45 min 41 West a distance of 60 feet to the southeast corner of Lot 14 Block 2
Meadowbrook 2;
Thence South 81 deg 45 min 41 West along the south line of Lot 14 Block 2 Meadowbrook 2 for a
distance of 112.63 to the southeast corner of Lot 14 Block 2 Meadowbrook 2;
Thence South a distance of 60 feet to the south right of way line of Landis Drive;
Thence in a Northeasterly direction along the south right of way he of Lanis Drive to a point in the west
right of way line of Major Drive (F. M. Highway 364) approximately 1640 feet;
Thence North along the west right of way Iine of Major Drive (F. M. Highway 364) approximately 50
feet;
Thence in a southwesterly direction along the north right of way line of Landis Drive to the Place of
Beginning, containing 2.10 acres of land, more or less.
2014017490 Page 4 of 5
2014017490 Page 5 of 5
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
a4a�r. -
Carolyn L. Guidry, County Clerk
Jefferson County, Texas
June 04, 2e14 02:41:04 PM
FEE: $3a . ee 2014017490