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Home My WebLink About1981-09-28-1000AM-Regulari i COMMISSIONERS' COURT REGULAR MEETING SEPTEMBER 28, 1981 A regular meeting of the Commissioners' Court of Brazos it County. Texas, was held in the Commissioners' Courtroom in f I the Courthouse in Bryan, Brazos County, Texas, beginning at z 10:00 A.M. on Monday, September 28, 1981, with the following f members of the Court present: R. J. Holmgreen, County Judge, presiding: Bill J. Cooley, Commissioner of Precinct 1; Walter Wilcox, Commissioner of Precinct 2; , Billy E. Beard, Commissioner of Precinct 3; W. A. Stasny, Commissioner of Precinct 4; l Frank Boriskie, County Clerk. The following citizens and officials were in attendance: Buddy Winn Tax Assessor-Collector Albert M. Walker, Jr. Attorne~r Van Kinerd Auditor s Office t A. L. Dittfurth Auditor's Office Christian Galindo Galindo Engrs. & Planning Sheri Toumbs Treasurer's Office B. V. Elkins County Treasurer Barbi Tomlin WTAW-News Angela McCoy Citizen Jann Snell Eagle Brenda West Lake Wood Estates G. W. Hart Lake Wood Estates Larry Brown Wixon Water Service Corp. Hank McQuaide- Brazosland Realty W. R. Vance Attorney 7 J , The first matter to come before the Court was the receipt of bids for one (1) used Burroughs L-8000 computer and , accessories. The County Judge announced that no bids had been received. The Court next considered the request for authorization by Y . the Health Department to advertise for bids for reception room - furniture. On motion made by Commissioner Cooley, seconded by Commissioner Wilcox, the Court unanimously voted to authorize the advertisement for bids. is • ' 'i VoLf~PAGEAV - -af VA = - - • ~.~.-~.y r.W~~~_r--Z•.J M~.r.~1...:~tudrrte.. ~...~~..~Y.Y ~~r..•V . _ . • - • t • _.{..drat ~ • • ~ : • ~ SEPTEMBER 28, 1981 - CONTINUED VO~LPAGE26~ The court next considered the Notice of Proposed Installation 1 ' in County Right-of-Way received from Wilcrest Field Services jl Bryan. Texas. allowing Clayco. Inc. to install an oil pipeline within the County right-of-way of Peach Creek Road. On motion made by Commissioner Cooley. seconded by Commissioner Beard, the Court unanimously voted to approve the application. A copy is attached hereto and made a part of these minutes. The Court proceeded to consider the application made by Wixon Water Supply Corporation to place water lines in the County rights-of-way of various roads in Precincts 2. 3 and 4. On motion made by Commissioner Beard. seconded by Commissioner Wilcox. the Court voted unanimously to delay action until Commissioner Beard and Commissioner Wilcox could meet with officials of Wixon Water Supply Corporation to discuss potential . problems and conditions for installation. On motion made by Commissioner Cooley, seconded by Commissioner Wilcox, the Court unanimously voted to approve the application made by Producer's Gas Company to place a 4.5" O.D. natural gas pipeline and valve to connect with existing 10.750" pipeline laying the right-of-way of Koppe Bridge Road. A copy is attached hereto and made a part of these minutes. The Court next considered the Contract for the Collection of Delinquent Taxes from Mr. Gates Steen. Attorney at Law•, Austin. Texas. As compensation for the services required. Mr. Steen is to retain fifteen (15x) of the amount collected of all delinquent taxes. On motion made by Commissioner Cooley, seconded by Commissioner Beard, the Court voted unanimously to approve the Contract.subject to it being reviewed by legal counsel. i~ 1 I II, '11 t I f t The Court next considered the request by Twin City International.., j Inc. for refund of $518.00 representing the County's share of i motor vehicle taxes on five (5) trucks that were sold but had.to be reclaimed. On motion made by Commissioner Cooley, seconded by I ' f f 0 J SF.PTEMBEA 28? 1981 ' CONTINUED _ I Commissioner Beard, the Court unanimously voted to refund the County's share of motor vehicle taxes in the amount of $518:00. i The Court proceeded to consider the following plats for approval: 1. Final plat of LaBrisa V-A. On motion made by Commissioner Stasny, seconded by Commissioner ' Cooley, the Court unanimously voted to approve the final plat subject to the approval of the City of Bryan Planning Commission. (Pct. 4) 2. Final plat of LaBrisa VI. On motion made by Commissioner Stasny, seconded by Commissioner Cooley, the Court unanimously voted to approve the final plat subject to the approval of the City of Bryan Planning Commission. (Pct. 4) 3. Final plat of Tabor Meadows in Precinct 2. On motion made by Commissioner Wilcox, seconded by Commissioner Cooley, the Court unanimously voted to approve the plat subject to the allowance of a variance of the regulation regarding the tapping of the abutting property. On motion made by Commissioner Cooley, seconded by Commissioner Wilcox, the Court unanimously voted to approve the following Requests for Change in Status of Employees: Robin Brown Michelle Weedon Colwell Betty Waddell Donna G. Reynolds Cynthia D. Long John Lattimore Thersa L. Sanders Larry Wayne Clift Frank P. Gray Oliver Uriel Fields District Attorney's Office District Attorney's Office District Attorney's Office District.Clerk's Office Extension Service Health Department Juvenile Probation Road & Bridge, Precinct 2 Sheriff's Department Sheriff's Department The Court proceeded to consider the following Claims submitted by the County Treasurer for payment: General Fund TYC YCC Revenue Sharing County Shop Precinct #1 Precinct #2 Precinct #3 Precinct #4 3870 through 3983 49 47 32 through 33 182 through 187 223 through 228 217 through 224 205 through 210 166 through 168 (excluding 3915) s On motion made by Commissioner Cooley, seconded by Commissioner Stasny, the Court unanimously voted to pay the claims as submitted. vot.LPA~E-9-5'* r i i • SEPTEMBER 28. 1981 - CONTINUED VOL.LPAGE I o , L~y~ , 4 I I t ~I ! On motion made by Commissioner Beard, seconded by ' I Commissioner Stasny, the Court unanimously voted to advertise , I for bids for the sale of vaults on the Lilly property. On motion made by Commissioner Cooley, seconded by Commissioner Beard, the Court next unanimously voted to authorize the advertisement for bids for the demolition of buildings on a portion of the Lilly property and to have the bidders contact ' Ed Dobbins for any information needed. i i i i I i The Court next considered a Budget Amendment for the Auditor's Office allowing the transfer of monies from one line item to another, a copy of which is attached hereto and made a part of these minutes. On motion made by Commissioner Cooley. seconded by Commissioner Beard, the Court unanimously voted, to approve the Budget Amendment. The Court next heard from'Mr. Hart and Mrs. West representing property owners in Lake Wood Estates who presented a petition asking the County to do something about the roads in the subdivision. It was the consensus of the Court to look into the matter and advise them what could be done to resolve the problem. The Court next considered thq,request from Commissioner Cooley for authorization to advertise for bids for heavy equipment for Precinct 1. On motion made by Commissioner Cooley, seconded by Commissioner Beard, the Court unanimously voted to authorize the advertisement. Commissioner Beard suggested that he investigate buy-back deals that-are being offered. 11100 A.M. The Court retired into Executive Closed Session to discuss pending litigation. ~ I I ~ II • i' I. I r . I a , ~?I SEPTEMBER 28, 1981 CONTINUED 1 11:40 A.M. The Court returned to open session. The next matter presented was the condemnation/Purchase of the property at 25th and Washington Streets from J. M. Daniel and wife. Lola Daniel. Commissioner Stasny moved that the property be purchased for the amount of $140,000.00. Motion was seconded by Commissioner Beard and unanimously carried. Commissioner Stasny further moved that the following order be adopted for the purpose of issuing a County Warrant, such motion was seconded by Commissioner Beard as follows: "IT IS ORDERED that the Court approve the execution of a Vendor's Lien Note in 'the sum of $110,000.00 for the purpose of purchasing certain land and the improvements situated thereon in Brazos County, Texas, described as Lots Number One (1) and Two (2), Block Number Twenty-Seven (27), City of Bryan, Brazos County, Texas, to be used for office space for offices or agencies designated by the Commissioners' Court of Brazos County. Texas. The said Warrant will be payable in monthly installments in the amount of $1,600.00 each, payable on the 15th day of each calendar month until fully paid, beginning November 15. 1981; to bear interest on the unpaid portion at the rate of 9.9% per annum, the interest payable monthly out of said installments." Motion unanimously carried and it is so ORDERED. There being no further business, the meeting adjourned. 1- I I i 1I .1 SEPTEMBER 28, 1981 - CONTINUED 014PAGE-1 ; i am nod and - ~ The foregoing minutes have been ex approved in llmw~ open Court this the day of 19_L. in Bryan. Brazos County, Texas. f I I I . ' i II o mgreen Count Judge 1 . C- C4~ i oo ey Commissioner. Pr cinct 1 a ter Wilcox Billy E.(Yeard Commissioner. Precinct 2 Commissioner, Precinct 3 A. •tasny r n Bo or s Commissioner, Precinct 4 .County Clerk 1 11 Iy r17 r~ I~ i AA f . II , I r ,I I I! ~r 1 ~I I t; III II i _ . NOTICE OF PROPOSED IMWA AT1Or. IN CWJNTY RIM-Os-WAS t j r ' - • } eomm asioners' Court rf Stazos county, ?exss ♦s County Courthouse ' 0/n. Texas - ' S Formal notice is hereby given that Clevycne Inc- 16801 Greenaeoint Park Drive . Sit 105 nou ton Texas 7706fl ii 1 04) :PJAP11"a of Peach Creek Road (Name o road) Brazos County. Texas as follows: The location or description of the proposed installation* is more fully shown by copies of the drawings attached to this notice. ' 1 underscand and agree that: 1. The Commissioner of the Precinct in which the right-of•way lies must be notified prior to the beginning of construction in order that the Commissioner might be or. hand to designate the actual location of the installation. 2. That all damage to the roadways and rights-of-way will bt repaired to their original condition to the satisfaction of the Commissioner in which the roadway or right-of-way lies. 3. That Brazos County reserves the right to require Applicant to relocate or lover any such line at no cost to Brazos County, should sane become necessary due to widening or lowering. OT othrr alteration of the roadway or right-o!-wav. 4. Tna: Brazos County v::'. an no watt ur respor.SU10 for any damu.gt the: might occur tc my existing utility lines it. tht right-of-wait 5. That the line will be constructed and maintained on the county right-of-way in actor- dance with governing laws. 6. That the line or lines will be constructed no less than forty-eight inches (48") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roadway. 7.' That all roads be bored to forty feet (40') on either side of line of the Might-ofway or cased for such distance. 6. That all sites will be barracaded during the construction period. Construction, of this line will begin on or after the _J..,day of September 19, 81 i s I 'i i ' f ' y f r • u e s pp Want, proposes co p ace a within the right-of-way type o u sty Firms: _ Wilcrest E e1d RPrvtces By: _,n" x_ Kra Title,: ManagPr a -an and Rio tc_nf Way Address: 1878 "B" Greenfield Plaza Y Bryan, Texas 77801 Phone: 846-Z736 APPROM BY COMISS10gERS' COURT Date; September 28, 1981 R. J. Holmgreen, County Judge t . • t • i; _ E i i _ i t c •I r~ A.1y ..:K 1• t ,s... PAGIE not, or W% WL. AW or. • }L'''"- '~..•L.14:!'K, ice., • : .r • - .H ' ~ ~f i j N L~ J'am'~~ le•L!''• Z ~A~ 'J~ w {f • ' . r ~N 1 i/`T •.v*- • • 111``. _ _ - - _ _ • _ .t 1 i t I i t i I is t! t oLep BRAZOS CO., TEXAS r't EXIST. CLAIC0 le nwroSto CLAVto o• u. _ PLAN to to 40 T : N v v PROFILE . . 0 • A cd Qo HORZ. 1401 ' J j _j VERT. I= 5~ r uj. ' W W W W 0 0 o ' a: d d VENT . YE11T , CASIN• .1 CASON$ , . PROPOSED. CLAYCO 6*~ . NOTES • C SLOPE CASING AS REQUIRED BY TOPOGRAPHY, MINIMUM 1/8" IN 0'-07' 2.MINIMUM STRAIGHT PIPE EXTENDED FROM RIGHT-OF-WAY SHALL BE 50 FEET. r ' & CASING PIPE AND UNDERGROUND PORTION OF CASING VENTS TO BE COATED. , 4. USE TEMPORARY INSULATORS AS REQUIRED AT ENDS OF. PIPE TO GUARD COATING AND GUIDE.' I RICHARD A. KORGAN. A REGISTERED + J ~ .00 PUBLIC SURVEYOR AN THE STATE S) ' ~ r~:;t~ f• 'o ; Of TEXAS, 00 HEREBY CERTIFY P ; THAT THE .FIELD MEASUREMENTS yiD'~;' y ~ti~r HousTON ENGINEERING C0. TULSA , - _ _ 4 - TO- COMPLETE THE-'.ABOVE PLAN ~~sS?,ti ,o.,~~,.ovti iA AND PROFILE WERE ;COMPLETED CLAYCO, INC. ' ac4v►•O.e~. ht~•.n~ •k UNDER MY DIRECT SUPERVISION AND HWY GRAVEL ) RD 159 (CO f , . . t ARE TRUE AND -CORnECT. , ~c • v,' • • " PEACHCREEK LAT.. :r; PROPOSED 6 ;s ! _ DRAWN: oATE: APPROVED: SCALE: AS SHOWN SWF 9-14-81 WINNOW - ' - • - _~.....~.a'r...~•...,.~~__...._._...._~......_.......~.~iV~w_...._ .,._.__.......:.....L.:...i..1..t'"i ~•_..i .:wr::ti~:::'~..i•~.4.::i:[_d~~~-, - _ t- , oe • J NOTICE OF PROPOSED INSTALLATION IN COUNTY itlCIiT-OF-WAY , i Cocsmissioeiers' Court of Arazos County. Texas ~i eazas County Courthouse . s: %r /may ! f ~ Aryan. Texas / C 2 ' 1 -t x .y I i 1 9. Formal notice is hereby given that Prot ;er,s Gas Company- proposes to place a 4.5" O.D `natural gas pipeline and valve to connect with existing 10.750" pipe_'vtthln me rirh:- line laying in the (type at u1=11 y Co nu ty Road ROW of-way of KOPRE BRIA_E-RpAD rvaj) .'Applicant. f 16 Brazos County. Texas as follows: The location or description of the prop..sed Installation is ftire fully sh -.m by copies of the drawings attached to this notice. I understand and agree that: The Cor-nissioner of the Precinct in which the right-of-way lies trust be notified prior to the beginning of construction in order that the Cut"issioner might h, on hand to designate the actual location of the installation 2. That all dasuEe to the roadways and rights-of-way will tie repaired to their original condition to the satisfaction of the Comissioner in which the roadway or right-of-way • lies. 3. That Brazos County reserves the right to require Applicant to relocate or lover any such line at no cost to Brazos County. should sane become necessary due to widening or lowering, or other alteration of the roadway or right-of-vay. 4. That Brazos County will in no way be responsible for any esnape that might (o.c::r t- any existing utility lines in the right-of-WAY. 5. That the line will be constructed and matntainvd on thr county right-of-way, in :.c.:•r- dance with toverninA laws. 6. That a1: sites will be barracaded during con,.truetton i•trivd. Construction of :hiN line will begin on or after theMth day of September-----. l•1 rirs. _Producer's _Ga-s_-Company by. A1an B Bates Title; _Di strt ct_ tngj leer Addre, 2202- Timberloch Place_ Suite 200 APPROVED BY CG :M1SS10::ENS' COURT . DATE The Woodlands, Texas 77380 Men* 713/'67-8250 R J. tiulmgrren Cuuniy Judge ' i 4 W 0 L 'I- - _ .rte. _ - _ , ~:'--ca-~r~-r~.w~ 7i, `rZ. • " A?MRNDINC THE BUDCET FOR BRAZOS COUNTY FOR YEAR 19131 . On-this the 28th day of September, 19 81, at a _ regular ' session' of ` h f 11 4 b re vece r se tt ! ~ J r Commissioners Court t o o qw ng mem a p e n R. J. Holmgreen, 'County Judge • Bill J. Cooley. Commissioner Prect. 41'- Walter Wilcox Commissioner Prect. #2 r •Billy E. Beard, Commissioner Prect. #3 j` W. A.• Stasny. Commissioner Prect.' a4 Frank Boriskie. County Clerk :I The following proceedings were had: THAT tJ11EREAS, on September 28 19_ the court heard and approved a budget amendment for the year i for Brazos County. I j WHEREAS, an emergency expenditure is necessary, due to grave public necessity ~ i to meet unusual and unforseen conditions which could not be reasonably included M in the original budget for `I adopted _ Novemher 1,3.980 . , - - i the following amendment(s) to the original are hereby authorized; AUDITOR Increase Department Reason Amount (Decrease) 1 12-032-501 ( Transfer to other line item) 325.00 decreas. 12-032-707 (to cover deficit 6 bt••, calculator) 325.00 increa i I' E - 'i THE COUNTY OF BRAZOS 8Y COUNTY JUDGE FOR THE COMMISSIONERS COURT Original•to - County Clerk's office to be attached to the adopted•budget Copy to - County Auditors Office I s I ' s • c ~ • r7 r ; ! 1 .•I • - ' I mom• • , w'. • 1 •r ii' lam. y: ~":l. w~; r~! , t. • 14- ~l S r 141 ! l , ' 'State Property Tax Board F 1 Form V-2.03 (0/80) . - t RESOLUTION AND ORDER On this the 28thday of September 19-81 . at a regular meeting of the ' Commissioners' Court of -Erases County. Texas. there came on for consideration the mailing of a contract for the collectiot► of delinquent taxes. and motion was made by i , Bill J. Cooley 1 County Commissioner of Precinct No. seconded by F Billy E. Beard l :aunty Commissioner of Precinct No. L. that subject to appro%al by the State Pt operty Tax Board and Attorney General of Texas said Commissioners' Courtin behalf ! said County do make and enter into a contract with Gates Steen a licensed attorney, for the latter to collect delinquent taxes in said County for 15 of the amount of taxes. penalty and interest collected, said contract to end on the tat day of December, 19A-2. with six months ; thereafter to complete pending suits. requiring said attorney to give bond in the sum of $ 1.000 . and to be tin forms currently promulgated ano recommended by the State Property Tax 13t►ard. + Said motion being put to vote, it carried by it vote of -5- to Q_ . Thome voting "Aye" were- R. J. Holmgreen. County Judge Bill J. Cooley. Commissioner. Pct. 1 Walter Wilcox. Commissioner, Pct. 2 Billy E. Beard. Commissioner, Pct. 3 W. A. Stasny, Commissioner, Pct. 4 Those v/rting "No" were: None I ~ I " 4 • 1 got f._PAGV 303 ' 7 VObwA1►/PE►~' :.J► . 1 r~~ AG t It is therefore ordered that said contract be prepared and executed. submitted to the State Property Tax Board and Attorney General of Texas, and if approved by them. recorded in the minutes of this Court. I, County Ju s i I • runty Commcrswner Precinct No 1 I (:aunty Commissioner t i Precinct No Z Y, County Commissioner I J P c 0.1 ' f ~ Coccnh (ummwswnr i Prcr met No 4 i THE STATE OF TEXAS 4 THE STATE OF TEXAS g COUNTY OF -DRAZOS § 4 1. the undersigned. County Clerk of BRAZOS County. Texas, do hereby rerttfy that the above and foregoing is a tnie and correct copy of it certain Resolution and Order. of the Commissioners' Giurt. of reLord to Volume P . Page 30371Clhe Minutes of said Court Witnm my official hand and seal this day of September, 1J . •ount% Clork g;azos County. Texas r y A~ r ,n , s, 1 tF 1 ' i State Property TawBoard Form V-2.01 (8/80) WAIVER I THE STATE OF TEXAS COUNTY OF BRAZOS § I, the undersigned County Attorney of Brazos County. Texas do hereby acknowledge that the Commissioners' Court of the said County has notified me to file suit for the collection of delinquent taxes in said county; however, due to the fact that it would be physically impossible for me to personally file and handle such suits. and at the same time to properly discharge the other duties of my office, and to the further fact that the statutes do not provide adequate compensation for a County Attorney to file and to prosecute suits for delinquent taxes, but do make adequate provisions for other attorneys to handle the same. I do hereby decline to file such suits do hereby waive the thirty days written notice provided in Article 7335. Revised Civil Statutes, and do hereby agree that the Commissioners' Court of said County may contract with some other competent attorney to enforce or assist in the enforcement of the collection of delinquent State and County taxes. Witness my hand this, the 28th day of September A.D.. 19 81 County Attorney Term Expires December 31, 2984 Brazos County, Texas I i t t r r ; • i Y ~ t I• THE STATE OF TEXAS § COUNTY OF BRAZOS § 1, Frank, Boriskie. County Clerk of Brazos County. Texas, do hereby certify that the above and foregoing is a true and correct copy of a certain waiver executed by Jeff Brown, County Attorney. of Brazos County. as the same appears of record in Volume P Page305 of the minutes of the Commissioners' Court of Brasoo County. Given under my hand and seal of office, this 28thday of September. 19 Al w County Clerk Brazos County. Texas V()t I t r i t • • - .J a..-' _ -...4~••/u.l..ww.r..W ~.-a•1. y.• A•~.. L- - t. ~VO~+v:il nll -~'A.`•.. ..LRI .,•.u ..-`L iY..a~ COMMISSIONERS' COURT SPECIAL MEETING OCTOBER 5. 1981 A special meeting of the Commissioners' Court of Brazos County. Texas, was held in the Commissioners' Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 10:00 A.M., on Monday, October 5, 1981, with the following members of the Court present: R. J. Holmgreen, County Judge, presiding: Bill J. Cooley, Commissioner of Precinct 1; Walter Wilcox, Commissioner of Precinct 2; Billy E. Beard, Commissioner of Precinct 3; W. A. Stasny, Commissioner of Precinct 4; Frank Boriskie, County Clerk. The following citizens and officials were in attendance: Mary Nichols County Auditor B. V. Elkins County Treasurer W. R. Vance Attorney Bill Davie KAMU Jeanne Marie Norton -KAMU Mike Strong KAGC Arnold Dittfurth Auditor's Office Barbi Tomlin WTAW ~ t i It I k E The Court first considered the application of the Wixon Water Supply Corporation proposing to place water pipelines in and across County rights-of-way in various roads in Precincts 2, 3 and 4. A copy of the Application is attached hereto and made a part of these minutes. On motion made by Commissioner Beard, seconded by Commissioner Wilcox, the Court unanimously voted to approve the application. f~ The Court next considered the oil and gas lease agreement S between Brazos County and MCZ, Inc. for the Rodeo Arena/Livestock _ Pavillion property consisting of 14.4 acres. On motion made by t Commissioner Beard, seconded by Commissioner Cooley, the Court unanimously voted to authorize the County Judge to execute the lease on behalf of Brazos County, a copy of which is attached hereto and made a part of these minutes. The Court also authorized F, VOL-LPACIE JAI". . -Jr i+ ~tf " i, li a: OCTOBER 5, 1981 - CONTINUED Bill Vance and Commissioner Beard to negotiate a lease for the Shop property on Waco and Pierce Streets including the park property used by the City. The Judge next asked that Commissioner Wilcox and Commissioner Beard evaluate how to best utilize $1,000.00 given the County by the Brazos Valley Kennel Club to improve the parking lot at the Rodeo Arena/Livestock Pavillion and report to the Court at the next meeting on how best to spend the money. The Court next heard from Mr. Bill Elkins, County Treasurer, who advised the Court that he had received an offer for the used Burroughs L-8000 computer and accessories in the amount of $150.00 from Custom Systems. On motion made by Commissioner Cooley, seconded by Commissioner Stasny, the Court unanimously voted to accept the offer and authorized the sale of the equipment. There being no further business, the meeting was adjourned. ~I r i. fi r F, r+ i' t 1 VGL e PAGE 3_ o Z r r~ r~ r s.. I • OCTOBER 5, 1981 - CONTINUED The foregoing minutes have been examined and approved in open Court this the Af]~L- day of 19_2L, in Bryan, Brazos County, Texas. 0o e o mgreen Coun•y Judge Commissioner, Pre inct 1 Walter Wilcox y ear Commissioner. Precinct 2 Comm ioner, Precinct 3 ~tasny r n Boris Commissioner, Prec ct 4 County Clerk , i f r`1 VOL? PAGF.312F1 'j. , ~ : ` ; r ~ ~ . e,.r . T y r .Y . . ~ , r r , i , .k 'fl f; r7 ~7. 1 y - a....f~-,~-.,.-w~'rm.._~..r.... , 'fr-....-..~...~o .a_ J/~I~r►..../ - - r..._.. 'i.....w --.iY _ - NOTICE OF PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY- the Commissioners' Court of Brazos County. Texas ; Brazos County Fourthouse Bryan, Texas Formal notice is hereby given that The 1a_ i Xon Water Stip 2l y Catpo a ti o n ,•Applica',nt, proposes to place a water pipeline within the right- type o utility) of-way of (see attachment one) (Name o road) Brazos County. Texas as follows: The location or description of the propose) instal: ..ton t ere fully shown by _4~ copies of the drawings attached to this notice. I understand and agree that: i 1. The Commissioner of the Precinct in which the right-of-ways lies must be notified prior to the beginning of construction in order that the Commissioner might be on hand to designate the actual location of the installation. 2. That all damage to the roadways and rights-of-way will be repaired to their original condition to the satisfaction of the Commissioner in which the roadway or right-of-way lies. 3. That Brazos County reserves the right to require Applicant to relocate or loner any such line at no cost to Brazos County. should same become necessary due to widening or lowering, or other alteration of the roadway or righr-of-way. b. That Brazos County will in no way be responsible for any damage that might occur to any existing utility lines in the right-of-way. 5. That the line will be constructed and maintainet! on the county right-of-way in accor- dance with governing laws. , 6. That all sites will be barracaded during construction period. Construction of this line will begin on or after the 1st day o f November , 19 81 i' S• r 1 f, a r --i K' 11 E f c r 7 7 Wixon Water Supply Corp. Firm: By : ~t• y _ •r~t Title: t-ra nq f P. P r APPROVED BY CO2"J'1ISSIONERS' COURT Address: 205 E. 29th St. DATE' October 5, 1981. Bryan, Tx 77801 Phone. 8227 1 ?3 R. J Holmgreen j County Judge 1 e 1 - ~ F ' e l - 4 ~i'r r., J. v' ,mot., r,•• .F'•`~• ~ .,I r• " ~ ~ ~ - is ` -~F }'•.y;+` 4^ii' .~-I Oi?^ }-M.~~!F•i`•t .~tif yi f.`?t•sc ?~``y-,t r. ~r ~ V ,'!t, ~'<~'f 1 "1, • ~ yy~~ •S., to ` r 1: ;~t ,i h• ryr t~tr, .,r- ~ ~ S - y P-n~`t•,'-'~' G. `+•t.'h~~. l:l-_{If' `,.r-~,?' ;t*~.ti..i',r i~ f~, tr ,l'!s1 ir'. 'F f r }'a•~:l +,--4 L,.. .~-~k - 1 f _ I~""~,.•~`.`{r~' ' N Rdl'ii3ti; 7... `r~ i t_ ~ l:.a •1 - - 'T: t Y1.~'~~~'%rltc:~.cslt-;c'N~:~i.,e..:;ti"t~?"~•~2:~L `~r:~.r:1... ~ .~,gu..--- --~C:.:►,uia'.r`~.. ---_y.__~~.. ,,j:,.~. _ -ti ~..it~:S '=.~.L'---- --.="'=''`a'Ai-s .f~ a~ f i r' U kr t 1 1 1 ~ ' MOAN WATER SUPPLY CORPORATION I 1 POST OFFOCE SOX 3297 BRYAN TEXAS 77805 i 205 East Twenty NInth at 29th Place y Telephone (713) 822 7173 t t I ATTACHMENT ONE, PRECINCT TWO Macey road I r ' Edge Cut-off road ` Wheelcck Hall road n 1 J Locke road Francis road Dick Elliott road I ' Broach road Castensen lane Alexander road \ 1 Collette road \ Mancuso road I ` Dilly Shaw Tap road Harms lane Thurmond road I I ( PRECINCT THREE K + Saxon lane Riley road Grassbur road Steephollow road Elmo Weedon road i r I• I I I I I 1 1 1 J, 1 , 1 1 ,I I ' 1 J I' , i qtr .r - - T-^ r'f T~anp~ " ' n"f** !I■ If p r '~~yy tn~n p I .I y, _ ~,C'It;i'I tlri+• r'Il ~775 L1 ,J,= r ,IS :rr~ rl'c } ~'1+ ! ~ 11 1 ' ^ ¢ 1. JI , +.r f )M't! fl r~ l y n J' rr'M' ^y~ f 11I IQ'r a I, !r r r ' Y+ n E .J+1 _ f I' i C' r '1 I + 'r :41 c~ ~ ti y« IS' S^ t• ~ 1 y + ~ ~ Il { 111 ~..,.1 •,ti- + ' . d ' ! I J 14 4 JI ; oil a ~ ~ .~Ir ~ I ~ 1 .1 "y` 7, r• ~ I .l+~,r t,Y 1'~rl r:• , / 1 'i Il,ti~rJ 14&~ r I ~U1 ~~1 /f IJ I Pti t ^1 • t SJ.Iti~ lA [ , ~ } 7 F t } r, i I' Vr t " ~S l Y ...t • r 1 M~ 1 " ~r,1 ~ 1 rt J 5V '~rl^ty~Ir111 ` It n,+~I 11 }(~'I'ti~~+41, ra 1 1, 'N P I} " I . at'I ~ ` e 1l,+Il t+"x,-,71: ~~'t4 J ``t ~ t , + }II ,rh h > .Ifylyr~' C' + yJ J♦• , 11 I t ,f 1 'I~ ~ ~ ~ ( or 5 1 1 't 1{i lw t ~ 'S~ r t r I~ ti I 1 I 4 , l i ~ {.1 I t z 1 f J d , .p f~S {+4~f 1 rr+~y'' ~ ~ Xrr ti a 1 1, ~ 1+~ a I F r ~`c r 4, L r' d ul + t 6 ) ' JJ Lh ( ~ I r ~ 1 ~ ~ Y' 1' ~r 1 I++ t Ir t l r ',f ' t ti'tS'a P~ W. .G., ~ t`.- 4it" r y' n ..r,i~ r•IVI•^KllJ.•~ I t t•'IMy i ~ ~N 1 ~.I y \ 7111Y~1~t'I` Y~Y~~JyI t.. W N w ~'r!P„IJ~'11 I+ M 7 ' L I' 1 I 5 i ~ Producers 88 (7-69) With 640 Acres Pooling Provision t POUND PRINTINO R STATIONERY COMPANY 2325 PANNIN, HOUSTON. TE7W 77002. (713) 671-3159 ; OIL, GAS AND MINERAL LEASE tember............... _ 81 _ ........................day oc......... Sep etween THIS AGREEMENT made this '.2..th b . B= OS..... C-OU-NTY-, -TEXAS . . - . . lessor (whether one or more), whose address is: Brazos... County.. -Courthouse,. -.Bryan,.. Texas-- 77801---- and - MCZ Inc........P..- ..0...... B.ox ..52486, ...Houston, Texas -77052. - . lessee. wiT•NE-csmil: 1. Lessor, in consideration of -TEN -AND OTHER NAAL'AB~LE 90NSID~R 1T OBIS Dollars. receipt of which Is hereby acknowledged. and of the covenants an agree, ens o essee erelno er con n oes sere y grant. lease and let unto lessee I the land covered hereby for the purposes and with the exclusive right of exploring, drilling. mining and operating for, producing and owning oil, was. sulphur and all other minerals (whether or not similar to those mentioned). together with the right to make surveys on &Aid land, lay pine lines. establish and utilize facilities for surface or subsurface disposal of salt water, construct roads and bridges. dig canals, build tanks, power stations, telephone lines, employee houses and other structures on said land, necessary or useful in lessee's operations In exploring, drilling for, producing. treating, storing and transporting minerals produced from the land covered hereby or any other land adjacent thereto. The land covered hereby. herein called "said land". Is located in the County of BRAZOS • • - . state of TEXAS . and is dercribed as fol!ows: 14.40 acres of land, more or less, out of the Stephen F. Austin League Number 10, Brazos County, Texas, and being that same land described in that certain Deed from BRYAN SADDLE CLUB, INC., to BRAZOS COUNTY. TEXAS, dated December 1, 1965 and recorded in Volume 255, Page 431 of the Deed Records of Brazos County, Texas. This lease also covers and includes, In addition to that above described, all land. If any, contiguous or adjacent to or adjoining the land above de- scribed and (a) owned or claimed by lessor by limitation, prescription, possession, reversion or unrecorded instrument or IL) as to which lessor has a preference right of acquisition. Lessor agrees to execute any supplemental instrument requested by lessee for a more complete or accurate description of said land. For the purpose of determining the amount of any bonus, delay rental or other payment hereunder, amid land shall be dPemod tp contain 14. 40 acres, whether actually containing more or leas, and the above recital of acreage in any tract shall be deemed to be the true acreage thereof. Lessor accepts the bonus and agrees to accept the delay rental as lump sum considerations for this lease and all rights and options hereunder. ~ 2. Unless sooner terminated or longer kept In force under other pr.,vision■ ' f, this lease shall remain in force for a term of17!Y1~ y v from the date hereof, hereinafter called "primary term", and as long thereafter as C. rtions, as hereinafter defined. are conducted uawn ,aid land with no ct-seation for more than ninety (90) consecutive days. 27 5% S. As royalty, lessee covenants and agrees: (a) To deliver to the credit of lessor. In the P!pe line to which lessee may connect its wells. the equal oxr} DEM part of all oil produced and saved by lessee from said land, or from time to time, at the option of lessee, to pay lessor the 0 . 27 50 4 average posted market price of such )¢~Q( part of such oil at the wells as of the day It is run to the pipe line or storage tanks, lessor's interest. to bear or~(ItJQt of the cost of treating oil to render It marketable pipe line all: (bi To pay lessor on gas and casinichead Eras pro- ase i ith 7 0 , er c , n e orLX1, aof the amount realized by lessee, computed at the mouth of the well or alt when wipe 1--r duced from said land (1) w en sold by lessee 27.5% , lessee off said land or in the manufacture of gasoline or other products, the market value. at the mouth of the well, of o QOt of such v - r- i . 27 5% and casinghead gas: (c) To pay lessor on all other minerals mined and marketed or utilized by lessee from said land. one-tenth either in kin I or except that on sulphur mined and marketed the royalty shall be one dollar (111M) per long ton. If. at value at the well or mine at lessee's election 9 , the expiration of the primary term or at any time or times thereafter, there is any well on said land or on lands with which said land or any portion thereof has been pooled, capable of producing oil or gas, and all such wells are shut-in, this lease shall, nevertheless, continue in force as t` •t.irh operations were being conducted on said land for so long as said wells are shut-in, and thereafter this lease may be continued in force as if no - .t-in had occurred. Lessee covenants and agrees to use reasonable diligence to produce, utilize, or market the minerals capable of being produced fr. -to said wells, but in the exercise of such diligence, lessee shall not be obligated to install or furnish facilities other than well facilities and order, •:y lease facilities of flow lines, separator, and lease tank, and shall not be required to settle labor trouble or to market gas upon terms unaert..tablt- to lessee. If. at any time or times after the expiration of the primary term. all such wells are shut-in for it Period of ninety consecutive days, wid during such time there are no operations on said land, then at or before the expiration of said ninety day period, lessee shall pay or tender, by check or drat: of lessee, as royalty, a sum equal to the amount of annual delay rental provided for in this lease. Lessee shall make like payments or tenders at or before the end of each anniversary of the expiration of said ninety day period if upon such anniversary this lease is being continued in force solely by reason of the provisions of this paragraph. Each such payment or tender shall be made to the parties who at the time of payment would be entitled to receive the royalties which would be paid under this !ease if the wells were producing, and may be depcaite.l in a depository bank provided for below. Nothing herein ahnll impair lessee's right to release as provided in paragraph S hereof. In event of assignment of this lease in whiffle ,.r in part, liability for payment hereunder shall rest exclusively on the then owner or owners of this lease, severally as to neresge owned by each. 4. Lessee is hereby granted the right, at its option, to pool or unitize any land covered by this lease with tiny other land covered b) this lease. and/or with any other land, lease, or lenses. as to any or all minerals or hi.nzons, so as to establish units containing not more than 80 to-face acres. plus 10(c acreage tolerance: piuvided, however, units may lie established as to any one or more horizons, or existing units may be enlariced as to an) one or more horizons, so as to contain not more than 640 surface acres plus IOS'o acreage tolerance, if limited to one or more of the following: (It gas, other than casinghend gas, (2) liquid hydrocarbon. (condensate) which are not I:quids in the subsurface reservoir. ISt minerals produced from wells classified as gait wells by the conservation agency having jurisdiction. If larger units than any of thiiae herein permitted. either It the time established, or after enlargement, are required under any governmental rule or order, for the drilling or operation of a well at a reiru':tr location. or for obtaining maximum allowable from any well to be drilled, drilling, or already drilled, any such unit may he established nr enlarced to conform to the size re(mired toy such governmental order or rule. Lessee shall exercise said option as to each desired unit by executin.; an instnt- ment identifying such unit and filing it for record in the public office in which this lease is recorded Each of said options may be P,.ercised by lessee at any time and frt,m time to time while this lease is in force, and whether before or after production h•ts been established eiiher on said land, or on the portion of said land included in the unit, or on other land unitized therewith. A unit established hereunder shall be va' ' ird e!fre- tive for all purl,.i9es of this lease even though there may be mineral, royalty. or leasehold interests in lands within the unit which are n fectively pooled or unitired. Any operations conducted on tiny part of such unitized land shall he considered, for all purposes. except the paymen t royalty. operations conducted upon said land under this lease. There shall be allocated to the land covered by this lease within each such unit fur to each separate tract within the unit If this lease covers separate tracts within the unit) that proportion of the total production of unitized minerals from the unit, after deducting any used in lease or unit operations, which the number of surface acres In such land (or in each such separate tract) cov- ered by this lease within the unit bears to the total number of surface acres in the unit, and the production so allocated shall be considered for all purposes, including payment or delivery of royalty, overriding royalty and any other payments out of production, to be the entire production of unitized minerals from the land to which allocated In the same manner as though produced therefrom under the terms of this lease. The owner of the reversionary estate of any term royalty or mineral estate agrees that the accrual of royalties pursuant to this paragraph or of shut-in royalties from a well on the unit shall satisfy any limitation of term requiring production of oil or gas. The formation of any unit hereunder which includes land not covered by this lease shall not have the effect of exchanging or transferring any Interest under this lease (Including, without limitmton. ■ny delay rental and shut-In royalty which may become payable tinder this lease) between parties owning interests In land 'covered by this dense and parties owning interests In land not covered by this lease. Neither shall It impair the right of lessee to release as provided in rnra¢raph S hereof, except that !ess.e may not so release as to lands within a unit while there are operations thereon for unitized minerals unless all pooled leases are released as to lands within the unit. At any time while this lease is in force lessee may dissolve any unit established hereunder by filing for record in the rublie office where this lease Is recorded a declaration to that effect. If at that time no operations are being conducted thereon for unitized minerals. Subvert to the provisions of this paragraph 4, a unit once established hereunder shall remain in force so long as any lease subject thereto shall remain in force- If this lease now or hereafter covers separate tracts, no pooling or unitization of royalty interests as between any such separate tracts is intended or shall be implied or result merely from the Inclusion of such separate tracts within this lease but lessee shall nevertheless have the right to pool or unitize as provided In this paragraph 4 with consequent allocation of production as herein provided. As used In this paragraph 4, the words "sepa- rate tract" mean any tract with royalty ownership differing, now or hereafter, either as to parties or amounts. from that as to any other part of • t the lensed premises. 6. If operations are not conducted on said land on or before the first anniversary date hereof, this lease shall terminate as to both parties. unless lessee on or before said date shall, subject to the further provisions hereof. pay or tender to letaor or to lessor's credit In the. _ B or its suceessore. whleh shall continue as the depository, regardless of changes lit ownership of delay rental, royalties, or other monem the sum of s 144 • 00 which shall operate as delay rental ono cover the privilege of deferring operations for one year from said date. In like manner and upon like payments or tenders, operations may be further deferred for like periods of one year each during the primary term. If at any tine that lessee pays or tenders delay rental, royalties, or other moneys, two or more parties are, or claim to be. entitled to lessee may, In Ileu of any other method of payment herein provided, pay or tender such rental. royalties, or other moneys. in the receive same , manner herein specified. either jointly to such parties or separately to each in accordance with their respective ownerships thereof, as leases may elect. Any payment hereunder may be made by check or draft of lessee deposited In the mail or delivered to lessor or to a depository bank on or before the last date for payment. Said delay rental shall be apportionable as to said land on an acreage basis, and a failure to make proper vay- went or tender of delay rental as to any portion of said land or as to any interest therein shall not affect this lamas as to any portion of said land t or as to any interest therein as to which proper payment or tender is made. Any payment or tender which is made In an attempt to make prover payment, but which Is erroneous in whole or in part as to parties, amounts, or depository shall nevertheleca be sufficient to Prevent termination of this lease and to extend the time within which operations may be conducted In the same manner as though a proper payment had been made : i (30) days after lessee has received erritten notice thereof from leaeor. Lessee may however lessee shall correct such error within thirt rovided i , p y . 0- rd 1ae 0 1 of this lease as to any part or all of said at any time and from time to time execute and deliver to lessor or isle r reco a re eo r re caeca land or of any mineral or horizon thereunder, and thereby be relieved of ell obligations as to the released acreage or interest- If this lease is so re- leased as to all minerals and horizons under a portion of said Iahd. the delay rental and other payments computed In accordance therewith shall thereupon be reduced In the proportion that the acreage released bean to the acreage which was covered by this lease Immediately prior to such release. 1 VOL_e_PAwEf// M • i. If at any time or times during the primary term operations are conducted on said land and if all operations are discontinued, this lease shall thereafter terminate on its anniversary uate next following the ninetieth day after such discontinuance unless on or before such anniversary i date lessee either (1) conducts operations or ((2) commences or resumes the payment or tender of delay rental; provided, however, if such anniversary date is at the and of the primary term, or it there is no further anniversary date of the primary term, this lease shall terminate at the end of such term or on the ninetieth day after discontinuance of all operations, whichever is the later date, unless on such later date either (1) lessee is conduct- ing operations or (2) the shut-in well provisions of paragraph 3 or the provisions of paragraph 11 are applicable. Whenever used In this lease the word "h ..operations" shall mean operations for and any of the following: drilling, testing, completing, reworking, recompleting, deepening, plugging back or repairing of a well in search for or in an endeavor to obtain production of oil, gas, sulphur or other minerals, excavating a mine, production of oil, gas, sulphur or other mineral. whether or not in paying quantities. 7. Lessee shall have the use. free from royalty, of water, other than from lessor's water wells, and of oil and gas produced from said land in 1 all operations hereunder. Lessee shall have the right at any time to remove all machinery and fixtures placed on said land, including the right to - draw r I remove casing. No well shall be drilled nearer than 200 feet to the house or barn now on said land without the consent of the lessor. Lessee sh: 11 for damages caused by its operations to growing crops and timber on said land. . he rights and estate of any party hereto may Le assigned from time to time in whole or in part and as to any mineral or horizon. All of 1 the cu.er ants, obligations, and considerations of this lease shall extend to and be binding upon the parties hereto, their heirs, successors, assigns. and •uccessir,e assigns. No change or division in the ownership of said land, royalties, delay rental, or other moneys, or any part thereof, howso- ever vifected. shall increase the obligations or diminish the rights of lessee, including, but not limited to. the location and drilling of wells and the 1 measurement of production. Notwithstanding any other actual or constructive knowledge or notice thereof of or to lessee, Its successors or assigns. no change or division :n the ov•nershrp of said land or of the royalties, delay rental, or other moneys, or the right to receive the same. howsoever effected. shall be binding upon the then record owner of this lease until thirty (30) days after there has been furnished to such record owner at his, t inet al 'ace e.f business by lessor or lessor's heirs successors or assl ne Hoff of h h At ' ed ' h I I N :•IITIr"SS ,~JHEREOF, this instrument is executed on the date first above written. { •~E ATTACHED ADDENDUM FOR ADDITIONAL LEASE PROVISIONS* 710GE R. J. HODIGREEN IN HIS CAPACITY COUNTY JUDGE, BRAZOS~COUNTY, TEXAS SOCIAL SECURITY NUMBER Given under my hard and owl-of office •*te... day of . ie- LLt:uvin stated e Hy Oommiasion Expires Notary Public In and for County. state STATE OF INDIVIDUAL ACHNOWLEDGYZNT-TZXAS OR N>ZW MLYICU COUNTY OF Before m., the undersigned authority. on this day personally appeared 1 i i .j i i , i i j i .o { F F e , or r s pr t' tV g ce sue c ange or vision, support by art er origins s or duly certified copies of the instruments which have been properly filed for record and which evidence such change or division, and of such court records and proceedings. transcripts, or other documents as shall be necessary In the opinion of such record owner to ,establish the validity of such change or division. If any such change in ownership occurs by reason of the death of the owner, lessee may, nevertheless pay or tender yuch royal- ties, delay rental. or other moneys, or part thereof. to the credit of the decedent In a depository bank provided for above. In the event 8f assign- ment of this lease as to any part (whether divided or undivided) of said land, the delay rental payable hereunder shall be apportionable as between the several leasehold owners, ratably according to the surface area or undivided interests of each, and default In delay rental payment by one shall not affect the right of other leasehold owners hereunder. 9. In the event lessor considers that lessee has not complied with all its obligations hereunder, both express and implied, lessor shall notify lessee in writing, setting out specifically in what respects lessee has breached this contract. Lessee shall then have sixty (60) days after receipt of said notice within which to meet or commence to meet all or any part of the breaches alleged by lessor. The service of said notice shall be precedent to the bringing of any action by lessor on said lease for any cause. and no such action shall be brought until the lapse of sixty (60) days after ser- vice of sucn notice on lessee. Neither the service of said notice nor the doing of any acts by lessee armed to meet all or any of the nlleged breaches shall 1* deemed an admission or presumption that lessee has failed to perform all Its obligations hereunder. If this lease is cancelled for any cause. it sh;,d nevertheless temain in force and effect as to (II sufficient acreage around each well as to which there are operations to constitute a drilling or n .,xtmurn allowable unit under applicable governmental regulations. (but In no event less than forty acres). such acreage to be designated by lessee as :,early as practicable in the form of a square centered at the well, or In such shape as then existing spacing rules require: and (2) any part of s. •I land Included in a pooled unit on which there am operations. Lessee shall also have such easements on said land as are necessary to operations u•, the acreage so retained. 10. Lessor hereby warrants and agrees to defend title to said land against the claims of all persons whomsoever. Lessor's rights and Interests hereunder shall be charged primarily with any mortgages. taxes or other liens, or Interest and other charges on said land, but lessor agrees that lessee shall have the right at any time to pay or reduce same for lessor, either before or after maturity, and be aubrogated to the rights of the holder thereof and to deduct amounts so paid from royalties or other payments payable or which may become payable to lessor and/or assigns under this lease. If this lease covers a less interest in the oil. ans. sulphur. or other minerals in all or any part of said land than the entire and undivided fee simple estate (whether lessor's interest is herein specified or not). or no interest therein. then the royalties, delay rental, and other moneys accruing from any part as to which this lease coven less than such full Interest. shall be paid only in the proportion which the Interest therein, it any, covered by this lease. bean to the whole ■nd undivided fee simple estate therein. All royalty nterest covered by this lease (whether or not owned by lessor) shall be paid out of the royalty herein provided. This lease shall be binding upon each party who executes It without regard to whether It is executed by all those named herein as lessor. 11. If, while this lease Is in force. at. or after the a ration of the primary term hereof. It Is not being continued in force by reason of the shut-in well provisions of paragraph 3 hereof, and lessee of conducting operations on said land by reason of (1) any law. order, rule or regu• . lation. (whether or tot subsequently determined to be in- 11 or (2 ahy other eausd, whether similar or dissimilar, (except financial) beyond the reasonable control of lessee. the primary term and the delay rental prop ,ions hereof shall be extended until the first anniversary date hereof occurring ninety, ,9o) or more days following the tesrsoval of such delaying taus.. and this lea" may be extended thereafter by operations as if such delay had not occurred. known to we to be the person_whoee (are) subscribed to the foregoing Instrument, and acknowledged to we tha• executed the same sa fro act and deed for the purposes and consideration therein expressed. Given under my band and seal of office this day of My Oo®mleelon Expires Notary Public In and for County, state OL r STATE OF HUSBAND AND WUS ACKNOWLEDGMENT-TEXAS OA NEW MIZYICO COUNTY OF Before me. the undersigned authority. on ibis day personally appeared and . husband and wife, known to me to be the persons whose names are subscribed to the foregoing Instrument. and ukaowledged to me that they executed the same as their free set and deed for the purposes and consideration therein expressed. Given under my hand and seal of office this day of . 111- . ' my Commission Expim Notary Public In and for County, state of - 96 rj e r P P f 1 i { i O tr s G i I ,~u. ' r I r n > ~l o 9 o ( ! 1 1 i to p P - e0 b. so K n I f i ~ 8iO s~ ~ + o # ' C c, r 1 # r I 1 r m g : i 1 1 • i a s e I 4, i r r bon" w ~ i $ r i Yo 1OLI PAGE3/2. 4 r 4", Al A : tt M' 7 ADDENDUM To Oil, Gas, and Mineral Lease dated September 29 1981 t from Brazos County, Texas , Lessor, to MC2, INC. , Lessee, covering 14.40 acres, more or less, in Brazos County, Texas. Additional Provisions of Lease Notwithstanding anything to tie cr,trary in the printed form Oil, Gas and Mineral Lease to which th : addendum is attached and which is described above, it is agreed and understood as follows: 1. It is agreed and understood between Lessor and Lessee that this is a non-drilling lease, and that no drilling, mining, or any other type of operations may be conducted on the land described herein. 2. Anything to the contrary herein notwithstanding, it is understood and expressly agreed that this Lease shall cover only oil and gas and related hydrocarbons but shall not and does not cover, apply to or include coal, lignite, uranium ores, vanadium, plutonium, sand, gravel, or rock, other fissionable minerals or materials, and such minerals or materials are excepted from this Lease and reserved to Lessor, Lessor's heirs, representative, successors and assigns (as the case may be), and it is understood and expressly provided that the term "other minerals" whenever or wherever used in this lease shall not refer to or include coal, lignite, uranium ore, vanadium, plutonium or other fissionable minerals or materials, or sand, gravel, or rock. 3. a) All references to one-eighth (1/8th) royalties in said Lease shall be and are hereby changed to read 27.5%. b) In no event shall royalties paid to Lessor for any products produced under authority of this Lease be less than 27.58 of the fair market value of such products or the amount actually received therefore by Lessee, whichever is higher. Lessee agrees to use its best efforts to maximize the amount received for such products and the amount received by Lessor. No sale to an affiliate, subsidiary or other sale not at arms length shall constitute a sale for royalty purposes under this Lease. Lessor's royalty 46 shall be free of all costs, exce~st-al4r-tra of Lessor=-=vla~-tedssts shall-ba-:n'',Qige~-aga-ins#i-s-royalty Paygle"• c.l. If, at the expiration of the primary term or at any time or times thereafter, there is any well on said land or on lands with which said lands or any portion thereof has been pooled, capable of producing oil or gas, and any such wells are shut-in, this lease shall, nevertheiess, continue in force on a month to month basis, as though operations were being conducted on said land, Lessee shall pay, by check of Lessee, as royalty, the sum of $10.00 per acre per month for acreage held by this shut-in provision. Each such payment shall be made to the parties who at the time of payment would be entitled to receive the royalties which would be paid under this lease if the wells were producing, SOLO PACE~ and may be deposited in the depository bank provided for herein. c.2. Lessee's right to maintain this lease solely by virtue of the shut-in gas well royalty payment provided for in paragraph c.l. hereof is limited to a period of 2 years during the life of this Lease, either continuous or in the aggregate ' of shorter periods. d. Lessee covenants and -grees to use reasonable diligence to produce, utilize or market the wine- is capable of being ~ produced from said wells, but in the ex-rcise of such diligence, Lessee shall not be obligated to install or furnish facilities other than well facilities and ordinary facilities of flow lines, ; separator, lease tanks and other facilities which an ordinary ~ and prudent operator would install and furnish. e. Lessor shall be paid, as royalty, not less than 27.5% ' of the market value on that sulphur which.may be produced with or extracted from oil and gas, free of costs, except twaaffortat ' ed-abexte Oesto as- 4. Lessee agrees to idemnify and save harmless Lessor from any and all liabilities, damages, costs, attorney's fees, expenses, causes of action, suits, claims, or judgments of any kind or character for injury to person or property arising out of Lessee's operations on the lands leased hereby or on any lands with which any portion of the Lessor's land may be pooled. This indemnity provision shall also extend to operations conducted by sub- contractors, agents, suppliers, and other persons working under, for or on behalf of Lessee, whether employees or independent contractors. 5. If in the event the lease is being held by its own terms, at the end of the primary term, this lease shall perpetuate itself for an additional two years after the primary term or upon the completion of the last well drilled whichever occurs last. If within said two year period, no well is drilled, then this Lease shall nevertheless terminate insofar, but only insofar, as it extends from a depth of one hundred (100) feet below the deepest depth drilled or to the base of the deepest formation to which any well is drilled on the Leased Lands or lands pooled therewith during the Primary Term; provided, however, that if drilling operations are being conducted on the Leased Lands or lands pooled therewith at the expiration of this two year period, this lease will continue in effect without limitation as to depth until such operations are concluded and will then terminate below a depth of one hundred (100) feet below the deepest depth drilled or the base of the deepest formation to which any well is drilled on the Leased Lands or lands pooled therewith, whichever is the deeper depth. Lessor may demand and shall be entitled to receive from Lessee an appro- priate release in recordable form, of all Lessee's rights that are below a depth of one hundred.(1C0) feet below the deepest depth drilled or the base of the deepest formation to which any well is drilled on the Leased Lands or lands pooled therewith, whichever is the deeper depth. , 6. Lessee agrees to notify Lessors County Judge, Brazos County 1 Courthouse, Bryan, Texas 77801, in writing, within thirty (30) days, of the names and addresses of all assignees of Lessee at ¢i any time hereafter. No assignment of this lease or any portion hereof shall be effective as to Lessor until this provision shall , have been complied with. VOL-L PAGE f-/ 7 tv, ,.'7' ;~:L~•"~~~.~~+~iY,+~'"Cia 7,Riy tti+r'~ ~,ar~.._ r _ 7. No provision of this lease shall be construed in any manner which would negate any duty of Lessee to act in a reasonable manner toward Lessor or with respect to operations on or development of the leased premises or the economic protection thereof, as maybe implied in law or in equity. 8. At the termination of this Lease or any extension provided for herein (as to any portion or all of the surface or as to any depths) by virtue of any provision herein, Lessee agrees to execute and deliver to Lessor, upon written request by Lessor, a release of this Lease Agreement, duly acknowledged for the purpose of recording in the property records of the county in which the land is located. 9. Any person, firm, corporation or other legal entity to which this lease, or any portion hereof, is assigned shall be liable for all of the obligations, duties, liabilities and responsibilities of the Lessee hereunder, and the acceptance of such an assignment shall be conclusive as to acceptance of such obligations, duties, liabilities, and responsibilities. 10. Should Lessee desire to foam a unit or units using a portion of the lands leased herein, then all lands described herein shall be included in said unit or units, provided, however, that said unit or units are subject to the rules and regulations of the Texas Railroad Commission or other lawful authority. 11. Lessee agrees to furnish Lessor with copies of any reports filed with the Texas Railroad Commission, and Lessee further agrees to furnish Lessor with a copy of all electric logs pertaining to all wells drilled by Lessee on the leased premises or on lands pooled therewith, if requested by Lessor and if, in Lessee's judgement the disclosure of such information to competitors of Lessee would not jeopardize Lessee's drilling, production and development program. 12. Lessee will commence payments of royalties to Lessor within ninety (90) days after Lessee receives payment from the first sale of oil or gas from the leased premises. This clause shall not be applicable if the delay in payment results from curative title work or other circumstances reasonably beyond the control of Lessee or its assigns. If Lessor's royalty is claimed by any person or persons other than Lessor, Lessee will escrow only the proportion of the payment in question in an interest paying account in a depository bank. The foregoing provisions shall supercede and govern the provisions of the printed text of the lease to which this addendum is attached, even when to the contrary or apparently to the contrary, and shall inure to the benefit of, and be binding upon, the parties hereto and their respective heirs, executors„ representatives, successors and assigns. V~L~ PACESs " w- I This Lease Agreement shall become effective only when all of the persons who names are listed above have duly executed the 1 printed Lease Agreement and this Addendum. . + i SIGNED FOR IDENTIFICATION: t _ r II , ~a I i I~ PAGE .3/4 ,