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HomeMy WebLinkAboutORD 7-FM AN ORDINANCE. Put- `/ 5 j� - An ordinance authorizing the lease of property for the pur- pose,,, of prospecting and drilling for oil and gau, between the City of Beaumont and B. Deutser, E. A. Fletcher, and 'Ben D. Jackson, said property being situated in the D. Brown Survey; Jefferson County, Tex - asp being what is known as the Cartwright City Park. WHEREAS. the City of Beaumont is the owner of a tract of land situated in the D: Brown Survey of Jefferson County, Tess; and - `1dHEREAS'it is desired by the City to lease said tract or* tracts of land which is hereinafter fully described by metes and bounds to -B. Deutser, E. 1. Fletcher, and Ben D. Jackson; and WHEREAS, the said B. Deutser, E. Vii., Fletcher, and Ben D. Jackson are willing to lease the same and pay the City a nominal sum for said lease; and =4REAS,it will be for the best interest of the City to make said lease. BE IT JRDAINED BY THE CITY CoMfiISSION_Oil TEE CITY 01 BEAUMIONT: Section. I. That in consideration of the said B. Deutser, E. A. Fletcher, and Ben'D. Jackson, paying to the City of Beaumont, the consideration menti-oned -in-said­ lease hereto- attached; covering- the -following des- aribed property. "A tract in the D. Brown purvey sold by Matthew Cart- wirght Land & Ianp. Co. to Lessor of date Blarch 16th 1918,, which deed is recorded in Vol.. 174, page 47 of the Deed Records of Jefferson County, Texas, same containing 57.629 acre.s, more or less; and A tract in the D. Brown Survey sold by Leonidas Cartwright of lKaufman County, Texaa, to Lessor of date °hlarch 16th 1918,. ,`rhich deed is recorded in Vol. 174, page 48 of the Deed Records of Jefferson County, Texas, same containing 42.371 acres, more or less, and for further p.rticulars and description reference is made to the teed Records of Jefferson County, Texas, in the office of the County Clerk, at Beaumont, Texas, less however; 21.:347 acres off the south side of said tract which was recon- veyed to the Matthew Cartwright Land & Improvement Co. by the City of Beaumont by deed dated 'March 10th, 1926., and recorded in Vol. 267, page 55 of the Deed Records of Jefferson County, Texas. The land herein conveyed being all of said original tract -lying north of College Street and containing about eighty (80j acres, more or less;"' the Mayor of the City of Beaumont is hereby authorized and directed to execute and deliver the lease of the City of Beaumont to the said B. Deutser, E. A. Fletcher, and Ben D. Jackson to the following des- Or A tract in the D. Brovm. - Survey -sold `by Leonidas Cartwright -of Faufman county, 'i'e:kas, to lessor of date 118r6h 16, 1918, which- deed is record -ed 'in Vol. "174, page 48 of the Deed Records of Jefferson`County, Texas; same containing 42:371 aures, more or less, and'for fur- ther urther particulars and description reference is made. to - the Deed Records of Jefferson County, 'Texas; in' -the of- fice of the ,J�ounty Clerk, at-Beaumoizt, and containing one hundred (100) acres- more or less, said -property being what is known as ?Caxtvvright) City Park.TT Section ii. That this ordinance -take effect and be in force from and after its passage and approval by the Mayor. Passed this the day of A.D. 1926. gpproved this the _day ofA.D. 1926. yor. i TM- STATE OF TELS COUNTY OF JEFFERS011 THIS, AG ' +" T , .mads and entered into this the 18th. day Of May, A. D. 19269 by and between. the City of Beaumont, in. Jeffer- eon. County, Texas, a municipal corporation duly incorpozat ed, 'sat, - Ing heroin by aud through its Mayor J. Austin Barnes, thereunt.a duly authorized, hereinafter called lessor, and E. Deutser, B. A. Fletcher and Bei. Do Jackson, hereinafter called Lessees;, That the said Lessor, for wA in _o -a 3;deration of the sum of TEN Q10.00) 1XY1JAARS cashL to it hand paid by the Lessees, the reoelpt of which ishereby acknowledged and confessed, and of the royalties herein provided and the agreements of Lessees herein :man. tained, hereby GRANTS, USES AND 1ET5, .axalu.s vely, unto Lessees Tor the purpose of prospecting and drilling for and producing, oil and gas, laying pipe llnes, building tanks,..storing oil produeed- on the premises. and building potter, statignB, telephone lanes and other strnuatuvee thereon, to produce, save, take dareof,, of, treat to make merchantable oil, but not refine same thereon and transport -said prod.uats, the following described tracts or, parcels of .land lyiz4- and being situated 3u the County of Jefferson, State of sews, being more particularly described as foll.owsi If A tract in the D. Bro. Snsvcy :cold by Matthew Cartwright Land & Imp: 00. to Lessor of date Bch 16th, 19189 whioh deed is recorded in Vol. 174, page 47 of the Deed Records of Jefferson County, Texas, same ctontaining 57a629 acres, more or less;. and A tract in the D. Brown. Survey sol_ d by Leonidas Cartwright of Kaufman. Goizuty, ,Texas, to Lessor of date M=oh 16th, 1918, which deed is recorded in Vol. 174, page 48, of the Deed Records of .!Jefferson County, Texas, same containing 42.371 acres, more or less,, and for fur- ther particulars and description reference is nada to the Deed Records of Jefferson County. Texas. Lu the le which wasp r - eeonveyed to the lm�ktthew Cartwright Land & Improvement City , p eme ni Ooe. by the I of Beaumont by deeddatedMarch 10ths 19269 and recorded in. Vol*' 267, page 55 of the. Deed Records of Jeffer, son- C ounv. 1!bxasA, The land heroin conveyed being all, of paid original 'tract lying north of College, Street and containing about eighty -(80) acres, more or - less." Subjectto the. other provirplions heroin, contained. this 1ease- ahall. remain in force fora, tprap:g. SIX_ (0) months. from this date (hereinafter, called IrPriPsry Term" and -40 long, t4ereaft ors . either, .011 or gasr is procluegd in payi)l;g quaaOities. from any well on said land* The r0yaltiea reaorVed by Ikeggar., and, which shall. be paid by lessees are to ion Oil one-eig4th- (1/ath). of that produeed., and. saved- from said land, the same to bd,461ivarled st, the rills or to. the credit of Leasdr. In thamay pipe 1146, t,o: which.the.. W& la be, cvnueoted or. :at --the option of the, Lessees, omtime to timet the market, price at tho we -Ile. of such ons -,eighth oa the day U. is run to the pipe, line OW 8t0XP'gG- t8nk'po lessor' a, lnt.erQotL In either case to. bear. its proportion of, any expense. of treating 'unmerabantable -oil t-avender it. merchantable- as crude,, and 01- on gaa procluoAd from said land- and sold or used -off the. land or. In the panufacture of ga.sollne,,. ixnaludiV- caBingboad gas, thw market price, at the well of one-eighth.-JI/leth) ofthe gas,ao sold, or used-, provided that if and when 4esssos shall sell gas at, the wells, Lessor's royalty thereon shall be one-eighth (1/8th) :of. th's.- amount realizeii, :from such sales* If :drilling operat4ons- are not vowenced on said.. land on %or before- six (6) months, from this 4at.,qV- this -lease shall then termi- nate as to both- parties;: unless during, said months period oil or gas Is found in paying quantities,, then aaid lease shalloontinue as long theroaft er as- -either oil or gap. - is - produce&. In paying quantities tlons; p;bvide4, that., if auOh vpdrationo - can be' -.serried of. by the use. of -fuel or, Power Obtained from, 6-iU .0-1 -acid p r. em- i ze 9; at less expense, leSS0613, ,may at their, Otion'. use each,. fuel or P-9wer fO:Pgarr.ying -on said operations and Aeduot:�a.­guffiaient_ omoiwt of from the royalty herein -to. Cover- ona--ei the, expense them off ' Lessees -o))all,have: the -.right 411 any, -blihe GXatiOU _.Pir of this lease : to iremove 611.-- prope'rty arca , fizt4rep placed. by the L-azzeea on paid 1=41t. -ing-1-u4ing the right to, draw. .and 'remove all -gazing Lessor hby warrizte. '94d. agrees Va def end ,tho. title to said laud against my and all p ersons claimi.. or kc, ajam the P=09. or any part- 1hereof' by, thrdagh or uAder It, and agrodis that lesseess at LoBse-eal option, Out without any dirty to &6 ao)s ingy ptiy an4, dis., charge any taxes, ga gep or other llopfA upon said land., and in that event. Lessees shall be subrogatpd to buah lien with #11 right to enforce the same; and In addition thereto may retain for, the satis. faction of suoh lid and intetest all royalties accruing. hereunder. If - Lessor owns an interest in. said land less than the entire fee. e simple estat ej -then the royalties to be p4id Lepper ahall b . 9 reduced propor. tionatei yj_ Should the r !E;bt: Ot i.nt er oat of Leappes heroundor be dis- put,,ed by Lessor, or SAY other person, the time - a9verod by the penilenoy of mob disputa shall not be- counted against LpsseeP either as dffeot-i Ing thb term' of the 1 ease :car the time for pa.7�snt- of.. rowalUes. 0 dor any other puzppep, and Lessees may s=pond 811 psymmt Unt il t4epl. is a final adjudication or -other deter ion of sash ,xiat dipputg),6 IN TESTWO VM, 2EQF EXECUTED Ili 1)UPL2GAT4 x bv the, City of Beaumont, acting h-erein. by 4o Auatin Barnes, ..Its Ma yqp, duly .author- ized by an Ordinance of the City Q4*#P0IoAw a,copy .of V&IGh is here- to attached and ita PeP61 hereunto elL !#0 Affixeds and the aald Be, -.Deutser- R, At Fletcher. and Bon. Do Jackson... Lessees. this the 18- dav of Mav- 'THE STATE OF. '*7Z US CQU1451a j B®XQVO,. MO the - undersigned authority- aXotary Publie: in and.for i-efferson Couut7, Texas, gn this day -personally appear - ad, Zi Austin, Barnes, Mayor of the City -of known -me to. be the., poeon whois e . name..I is subseribed tothe fvregoing Inetrumento and aakaowledged to me that 4e- expOut ed the. same 40r - the purppoes aud conpideraion thereJn erprep.sad and...In the. capacity therein stat.od,* Given. nnd, ler my hand and seal of office, this the 18th- ays, Aw .1). 1926. SHEFFIELD,- (Signad) 56ta*, public, Jefferson. -Goinn-ty., Texas* THE STATE OF TEX& COUNTY OF JEFFERSONI Before me, the undersig?i* authority, a Notary kublid in =a for Jefferson CoIutys, Texas,, on this deq persmIall 7 appoar- ed E. A...Fletcher B. Deatsert end. B*n' R. Jackson, :611 Imown to zie, 'to be:tho--. p9rsohn whose -nam -ea are. oubsex-ib'ed -to the fbii.'ego-Ing inatra. menet and zaali oolwbwledged to Xe tbut%thug ,wed he,, same fdr. the purpbo6a and eanaide3rat on therein exptessede Given wader' my hand and seal 92 o Me e *)Ilfi, the 2"111, ra of Way, 2,9g6e T-0. _.Q. RIGG39 _(Sipled) Notary Public, Jefferson County, Texas. ThTexas e State f -- Count -V Jefferson d Before me,n - the undersi d authority, on this day personally appeared -------------- _known o me, who being by me duly sworn, on his oath de- eZ'- - 7 _ _of the NT , poses and says, that he is the__ ;-- f���-�/ BEAUMONT JOURNAL, a newspaper published in said county; that a copy of the within and fore oing was published in said newspaper, such publication being • on the following dates g L �?ijn S'_ ----- A. D. -192_ _kms and - a newspaper copy of which is hereto at- tache f _41?�f - - ` Swcixno and subscribed before e NOTIC S7 { �: ---------------------- - ---- ' day-�of--= - -�' R - A_N - being Texas, fol - more State of more Particularly described as low tract in the, D. Brown Sur- �,ey sold by Matthew Cartwright Land 8c Imp. Co• to Lessor of date March 18th; 19.18, which deed is reoorded;in•DVol. 17 h, Page fer of rAs of Jefferson --------------/_��__ -• Jotary Public, Jefferson GoUY, Texas. M - ioil produced on the tanks, storing building power ata- - =' " r Premises and lines and other tions, telephone to produce, thereon, make - structures treat ,to save. talce care oL, oil, but not refine `•; - ��'' ' ' merchantable ort said same thereon and trans described the following lying and = =.. lSroducta;, f tracts or parcels of land of, situated n the Countbeing being Texas, fol - more State of more Particularly described as low tract in the, D. Brown Sur- �,ey sold by Matthew Cartwright Land 8c Imp. Co• to Lessor of date March 18th; 19.18, which deed is reoorded;in•DVol. 17 h, Page fer of rAs of Jefferson --------------/_��__ -• Jotary Public, Jefferson GoUY, Texas. M