MEMORANDUM OF UNDERSTANDING
July 4, 2005
This confidential Memorandum of Understanding ("MOU") is entered into by and
between USProduction & Exploration, LLC ("USPX"), whose address is 20333
Southwest Freeway, #106, Sugar Land, Texas 77479, and Universal Property
Development and Acquisition Corp ("UPDA"), whose address is 14255 U.S. Highway
1, Suite 2180, Juno Beach, Florida 33408, and Triple Crown Consulting ("TCC")
whose address is 1946 N. Oak Haven Circle, Miami Beach, FL 33179. For the
purpose of this MOU and ease of reference all aforementioned parties are
hereinafter referred to collectively as "Parties" and individually as "Party."
RECITALS
WHEREAS, USPX is actively engaged directly and through affiliates in the
Energy related Project Business Development, and their Ownership, Management,
Engineering, Procurement, Construction, Installation ("EPC"), Operation, and
Plant and facility Maintenance ("O&M"). Key to the success of USPX and its
affiliates is the capabilities, experiences, qualifications, market and industry
relationships of its shareholders/management team at corporate level, and
information of project specific subsidiaries and joint venture partnerships, and
its key industry Strategic Alliance Partners.
WHEREAS, TCC is engaged in the Merchant & Investment Banking, Commercial
Finance Brokerage Services, as well as business development services.
WHEREAS, UPDA is a public company engaged in the Real Estate Development,
with the ability to fund business development through formation of joint
ventures or strategic alliances for its own account as well as serving
independent clients.
NOW, THEREFORE, USPX, UPDA, and TCC are desirous to enter into this MOU in
joining forces as strategic alliance partners through the establishment of a "C"
corporation. The new corporation will be incorporated in the State of Nevada of
a contemplated new strategic alliance between the parties whereas USPX will own
70% (Seventy percent), UPDA will own 25% (Twenty five percent), and TCC will own
5% (Five Percent) of the stock in the said new corporation.
AGREEMENTS
The parties must agree that foundation of this MOU and the impending new
corporation is based on the following principles:
A. The purpose of a new corporation enables the Parties together to
explore the business development and funding opportunities in
various endeavors while each party retaining its own separate
identity, operation, ownership, organization, and relationship.
B. The new corporation shall not preclude each party on their
own/separately to pursue other business opportunities, joint
ventures, and strategic alliances with other parties so long as the
confidentiality obligations undertaken hereunder are not breached
thereby.
C. Parties agree that the formation, identity, organizational
structure, and by-laws of the said new corporation shall be decided
on a separate accord by and between the Parties. However, the
parties have agreed to form a new corporation domiciled in the State
of Nevada, and the name is Canyon Creek Oil and Gas, Inc.
D. Each party has a right to assign his respective stock in new
corporation to other entities that the party owns or controls. Any
reassignment or sale of stock in the new corporation should be
allowed as long as the same party owns or controls the new entity.
Any reassignment or sale of the new corporation stock by an entity
that the said party does not own or control should be decided on a
consensus by all stockholders of the new corporation.
E. ---------------Intentionally left blank ----------------
F. The parties desire to exchange certain proprietary or confidential
information for the purpose of exploring potential business
development and funding opportunities.
G. The parties are willing to provide such information for such purpose
in accordance with the terms hereof;
H. UPDA agrees to provide $500,000 (Five Hundred Thousand Dollars) in
funding to the new corporation, at the rate of $300,000 (Three
Hundred Thousand Dollars) within 30 days of execution hereof and
$200,000 (Two Hundred Thousand Dollars) ninety days thereafter. USPX
agrees to utilize the funds provided by UPDA for the sole purpose of
rejuvenation and reestablishing the oil and gas production,
including but not limited to, modernizing or re-habilitating the
existing infrastructure, redevelopment or restoration of existing
active or inactive wells, and recompletion to zones of interest
capable of producing in commercial quantities. The funds shall be
utilized in normal course of events, including but not limited to,
construction of roads, laying flow-lines, installing electrical
lines and panels, installing electric motors to run pumping units,
and installation of compressors, delivery and set-up of pumping
units, installing rods or tubing, replacing or refurbishing
down-hole pumps, acquiring regulatory permits to perform work,
insurance, field supervision, general administration, and overhead.
All work performed by USPX shall be done in accordance with
acceptable industry standards and the proposed expenditures as
outlined on Exhibit "A" as attached hereto and titled "Use of
Funds".
I. USPX agrees to assign all Leases ("Subject Leases") currently owned
by USPX and its owners/members to new corporation for the sole
benefit of the new corporation; and USPX will secure a legal at its
sole cost and expense to insure that the assignment is legally valid
and may not be contested, such leases and assignment as Exhibit "B
is attached hereto and titled "Assignment, Bill of Sale and
Conveyance."
J. TCC will work with all parties to facilitate funding needs.
K. USPX will act a managers and operators of the new corporation.
Further description of the Management Agreement or Operating
Agreement as Exhibit "C" is attached hereto and titled Management
Agreement.
L. The Parties hereby agree a three member individual board will be
elected to oversee the new corporation. One director will be chosen
by UPDA; the remaining two will be chosen by USPX.
M. The Parties hereby agree that all revenues of new corporation will
be booked to the parent company (UPDA) and a distribution mechanism
will be put in place to insure that all parties receive their
proportionate fair share of the profits of the new corporation. All
revenues or oil and gas proceeds from the Subject Leases shall be
first deposited into the new corporation account and the lease
operating expenses shall be deducted and paid prior to any profits
being allocated to the Parties.
N. ---------------Intentionally left blank ----------------
O. The parties hereby agree that UPDA will be entitled to file a
mortgage against the leases herein referenced to secure performance
of the actions contemplated by this MOU. UPDA shall release said
mortgages upon the commencement or completion of all of the events
as set forth in Exhibit A, Use of Funds, and shall be entitled to
foreclose said mortgages, at its sole discretion, upon failure to
commence or complete performance within the time frames set forth
therein.
CONFIDENTIAL INFORMATION
1. Definitions.
a. "Confidential Information" shall mean all confidential or proprietary
written, recorded, electronic or oral information or data (including
without limitation research, developmental, engineering manufacturing,
technical, marketing, sales, financial, operating, performance, cost,
business and process information or data, know-how, and computer
programming and other software and software techniques) provided (whether
such confidentiality or proprietary status is indicated orally, or whether
or not the specific words "confidential" or "proprietary" are used) to a
Party(s) (the "Receiving Party(s)") by the other Party (the "Disclosing
Party(s)") in the course of the exchange of such information or data
between the Parties. The Confidential Information shall also without
limitation include specific business transaction opportunity specific
funding, credit enhancement, contacts, buyers, sellers, investors, and or
joint venture partners ("Sources").
b. Each Party shall include any of the Party's subsidiaries or affiliates.
c. "Person" shall be broadly interpreted to include, without limitation,
any corporation, company, partnership, other identity or individual.
d. "Representatives" shall mean, as to any Person, its directors,
officers, employees, agents and advisors (including, without limitation,
financial advisors, attorneys and accountants).
2. Confidentiality and Non-Use. In any consideration of each Party's
providing Confidential Information, the Parties agree as follows:
e. The Receiving Party(s) shall hold confidential and not disclose to any
Person without prior written consent of the Disclosing Party(s), all
Confidential Information and any information about the Proposed
Transaction, or the terms or conditions or any other facts relating
thereto, including, without limitation, the fact that discussions are
taking place with respect thereto or the status thereof, or the fact that
Confidential Information has been made available to the Receiving Party(s)
or its Representatives; provided, however that the Receiving Party(s) may
disclose such Confidential Information to its Representatives who are
actively and directly participating in its evaluation of the Proposed
transaction or otherwise need to know the Confidential Information for the
purpose of evaluating the Proposed Transactions;
f. The Receiving Party(s) shall cause all its Representatives to observe
the terms of this MOU and shall be responsible for any breach of the terms
of this MOU by it or its Representatives; and
g. The Receiving Party(s) shall return or destroy all Confidential
Information (including all copies thereof) within 30 days of receipt of a
written request therefore by the Disclosing Party(s).
3. In addition to the forgoing, each of the Receiving Party(s) will not use
the Confidential Information for any purpose other than in connection with
the Proposed Transaction between the Parties.
4. Exceptions to the Confidentiality and NON-Use Obligations. The obligations
imposed by Section 2 hereof shall not apply, or shall cease to apply, to
any Confidential Information if or when, but only to the extent that, such
Confidential Information:
h. Was known to the Receiving Party(s) prior to the receipt of the
Confidential Information hereunder; or
i. Was, or becomes, through no breach of the Receiving Party(s)
obligations hereunder, known to the public; or
j. Becomes known to the Receiving Party(s) from sources other than the
Disclosing Party(s) under circumstances not involving any breach of any
confidentiality obligation; or
k. Is independently developed by the Receiving Party(s), as evidenced by
the written records thereof.
It shall not be a breach of the confidentiality obligations hereof for a
Receiving Party(s) to disclose Confidential Information where, but only to the
extent that, such disclosure is required by law or applicable legal process, and
or the course of conduct of ordinary business of the new corporation for the
mutual benefits on a need to know basis.
MISCELLANEOUS PROVISIONS
5. No Representations and Warranties. Each of the Parties makes no
representations or warranties, express or implied, of any kind to the
other Party with respect to the Confidential Information, including
without limitation with the respect to the accuracy or completeness
thereof. Any representations or warranties shall be made, if at all, only
in definitive written MOU that may be entered into hereafter.
6. Termination; Duration of Obligations. Unless sooner terminated by mutual
written MOU of the Parties hereto or by integration into a definitive
agreement and creation of the new corporation contemplated hereby, this
MOU and the obligations hereunder shall terminate five years from the date
hereof. Notwithstanding anything to the contrary, in the event UPDA fails
to make its obligations as outlined in the paragraph H above, then this
MOU shall terminate unless extended in writing by the Parties.
7. Entire MOU. This MOU represents the entire understanding and MOU of the
Parties and supersedes all prior communications; this MOU is the
understandings between the Parties relating to the subject matter hereof.
8. Waivers; Amendments; Assignment; Counterparts. This MOU may not be
modified, amended or waived except by a written instrument duly executed
by both Parties. No failure or delay by either Party in exercising any
right, power or privilege hereunder shall operate as a waiver thereof, nor
shall any single or partial exercise thereof preclude any other or further
exercise thereof or the exercise of any right, power or privilege
hereunder. This MOU may not be assigned by either Party without the prior
written consent of the other and shall be binding on, and inure to the
benefit of, the respective successors of the Parties hereto. This MOU may
be signed in two or more counterpart originals, each of which shall
constitute an original document.
9. Governing Law; Disputes. This MOU is made subject to and shall be
construed under the laws of the State of Nevada, without giving effect to
its principles or rules regarding conflict laws.
10. Remedies. Without prejudice to the rights and remedies otherwise available
to either Party, each Party shall be entitled to equitable relief by way
of injunction or otherwise if the Receiving Party(s) or any of its
Representatives breach or threaten to breach any of the provisions of this
MOU and the Receiving Party(s) shall not plead in defense thereto that
there would be an adequate remedy at law.
IN WITNESS WHEREOF, each of the Parties has caused this MOU to be executed by
their respective, fully authorized representatives as of the date first written
above.
USProduction & Exploration, LLC
By:
-----------------------------------------
Donald W. Orr Title
Universal Property Development and Acquisition Corp.
By:
-----------------------------------------
Kamal Abdallah Title
Triple Crown Consulting
By:
-----------------------------------------
Benjamin Kaplan Title
EXHIBIT "A"
Attached to and made a part hereof to
That certain MOU dated June 30, 2005
Use of Funds
(See attached Microsoft Excel File)
EXHIBIT "B"
Attached to and made a part hereof
To that certain MOU dated June 30, 2005
ASSIGNMENT, BILL OF SALE AND CONVEYANCE
June 27, 2005
STATE OF TEXAS
KNOWN ALL MEN BY THESE PRESENTS: THAT
COUNTY OF PALO PINTO
WHEREAS, Donald W. Orr, (herein called "Grantor"), subject to the reservations,
exceptions and agreements noted below, desires to assign and convey an undivided
rights, title, and interest in and to those certain Oil and Gas Leases, oil and
gas well, assets and properties described on Exhibit "A", which is attached
hereto and made a part hereof for all purposes, to ________________________,
whose address is ___________________________, hereinafter referred to as the
"Grantee".
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars and other
good and valuable consideration the receipt and sufficiency of which are hereby
acknowledged by Grantors, and the assumption and covenant and agreement of
Grantee, Grantor does hereby GRANT, BARGAIN, SELL, CONVEY, ASSIGN, TRANSFER, SET
OVER, and DELIVER unto Grantee the undivided interest in the following described
properties, rights and interests (the "Properties") with an effective date of
June 1, 2005:
(a) An undivided __________ of 8/8th of the Grantor's right, title
and interest of Grantor in and to the oil and gas leases (the "Subject
Leases"), described on Exhibit "A" hereto (and any ratifications and
amendments thereto, whether or not the same are described on Exhibit "A",
and subject to landowner's royalties, overriding royalties and other
matters); and
(b) An undivided ______________ of 8/8th without limitation of the
foregoing, of the other rights, titles and interests (of whatever kind or
character, whether legal or equitable, and whether vested or contingent)
of Grantor in and to the oil, gas and other minerals in and under or that
may be produced from the lands described on Exhibit "A" hereto or in the
Subject Leases or in any other instrument described on Exhibit "A" hereto;
and
(c) An undivided __________________ of 8/8th of the right, title and
interest of Grantor in and to, or otherwise derived from, all presently
existing and valid oil, gas and/or mineral unitization, pooling, and/or
communitization agreements, declarations, designations and/or orders
(including, without limitation, those described on Exhibit "A" hereto) and
in and to the properties covered and the units created thereby (including,
without limitation, all units formed under orders, rules, regulations, or
other official acts of an federal, state, or other authority having
jurisdiction, and voluntary unitization agreements, designations and/or
declarations) relating to the properties described in subparagraphs (a)
and (b) above;
(d) An undivided ______________ of 8/8th of the right, title and
interest of Grantor in and to all presently existing and valid production
sales contracts, operating agreements, and other agreements and contracts
which relate to any of the properties described in subparagraphs (a), (b)
and (c) above; and
(e) An undivided ________________ of 8/8th of the right, title and
interest of Grantor in and to all materials, supplies, machinery,
equipment, improvements and other personal property and fixtures
(including, but not by way of limitation, all wells, wellhead equipment,
pumping units, flow-lines, tanks, buildings, compressors, saltwater
disposal facilities, injection facilities, compression facilities,
gathering systems, and other equipment) used in connection with the
exploration, development, operation or maintenance of the properties
described in subparagraphs (a), (b) and (c) above and in and to all
permits and licenses including, without limitation, all environmental and
other governmental permits, licenses and authorizations), rights of way,
easements, and other rights of surface use and other rights and interests
used in connection with the exploration, development, operation or
maintenance of the properties described in subparagraphs (a), (b) and (c)
above. THIS SALE OF PERSONAL PROPERTY AND FIXTURES IS MADE AS IS WITHOUT
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND IN PARTICULAR, WITHOUT
WARRANTY AS TO MERCHANTABILITY OR AS TO FITNESS OF SUCH PROPERTY OR ANY
PART THEREOF FOR ANY PURPOSE OR INTENDED USE, ALL OF WHICH WARRANTIES OF
MERCHANTABILITY, FITNESS FOR USE AND FREEDOM FROM APPARENT OR LATENT
DEFECTS, ARISING BY IMPLICATION, LAW, STATUTE, REGULATION OR OTHERWISE,
ARE EXPRESSLY WAIVED BY ASSIGNEE.
TO HAVE AND TO HOLD the above described Properties unto Grantee, Grantee's
heirs, devisees, personal representatives, successors and assigns, without
warranty of any kind, either expressed or implied.
IN WITNESS WHEREOF this Conveyance has been executed on June 27, 2005, effective
as to runs of oil and deliveries of gas as of 7:00 A.M. Central Time on June 1,
2005.
GRANTOR:
Donald W. Orr
- ----------------------------------
STATE OF TEXAS
COUNTY OF _____________
On this ____day of __________, 2005, before me, the undersigned,
authority, personally came and appeared Donald W. Orr, that he signed the above
and foregoing document as his own free act and deed and for the uses and
purposes therein set forth and apparent.
-----------------------------------
NOTARY PUBLIC, State of ___________
Exhibit "A"
I. OIL, GAS, AND MINERAL LEASES SUBJECT TO THIS AGREEMENT
ARCHER COUNTY, TEXAS
1. UNIT NAME: Jones-Ford Unit
LEASE NUMBER: TX 6331-000
LEASE DATE: 4-26-45
LESSOR: Walter Ford, et al
LESSEE: E. R. Perkins
RECORDED: Book 200, Page 161
DESCRIPTION: INSOFAR AS SAID LEASE COVERS THE FOLLOWING DESCRIBED LAND
SITUATED IN ARCHER COUNTY, TEXAS: 220.5 acres, more or less out of Survey
19, Block 1, TC RR Co. Survey, Abstract 223, described as follows:
Beginning at the Northwest corner of a 160 acre tract conveyed to W. I.
Haston by deed recorded in Volume U, Page 43, Deed Records of Archer
County, Texas; thence North 1455.56 foot to North line of said Survey 19,
corner in road; thence West with North line of said Survey 1538.09 feet to
Northeast corner of the 10 acre tract sold to the church; thence South
1089.92 feet to corner; thence West 330 feet to corner; thence South 707.5
feet to corner; thence west 770 feet to the West line of said Survey 19;
thence South 725 feet to Southeast corner of the original Krebs tract;
thence East 833.3 feet to Northeast corner of the R. H. Dearing 112 acre
tract; thence South with East line of said Dearing tract 2600 feet to the
Southeast corner thereof in the South line of Section 19; thence East
1805.56 feet; thence North passing the Southwest corner of said Haston
tract, in all 3666.67 feet to place of beginning.
2. UNIT NAME: Jones-Ford Unit
LEASE NUMBER: TX 6332-000
LEASE DATE: 9-1-45
LESSOR: First Evangelical Church
LESSEE: E. R. Perkins
RECORDED: Book 200, Page 229
DESCRIPTION: INSOFAR AS SAID LEASE COVERS THE FOLLOWING DESCRIBED LAND
SITUATED IN ARCHER COUNTY, TEXAS: 40 acres of land out of Survey 19, Block
1, H & TC RR Co. Survey, Abstract 223 described by metes and bounds as
follows: Beginning at Northwest corner of said Survey 19; thence East with
its North line 1100 feet to corner; thence South 1009.92 feet to corner;
thence West 330 feet to corner; thence South 707.5 feet to corner; thence
West 770 feet to corner in West line of Section 19; thence North with West
line of Section 19, 1797.4 feet to place of beginning.
3. UNIT NAME: Jones-Ford Unit
LEASE NUMBER: TX 6331-000
LEASE DATE: 4-26-45
LESSOR: Walter Ford, et al
LESSEE: E. R. Perkins
RECORDED: Book 200, Page 161
DESCRIPTION: INSOFAR AS SAID LEASE COVERS THE FOLLOWING DESCRIBED LAND
SITUATED IN ARCHER COUNTY, TEXAS: 40 acres of land out of Survey 19; Block
1, H & TC RR Co., Survey, Abstract 223, described by metes and bounds as
follows: Beginning at Northwest corner of said Survey 19, thence East with
its North line 1100 feet to corner; thence South 1089.92 feet to corner;
thence West 330 feet to corner; thence West 330 feet to corner; thence
South 707.5 feet to corner; thence West 770 feet to corner in West line of
Section 19; thence North with West line of Section 19, 1797.4 feet to
place of beginning.
4. UNIT NAME: Jones-Ford Unit
LEASE NUMBER: TX 6333-000
LEASE DATE: 6-20-45
LESSOR: O. A. Jones
LESSEE: E. R. Perkins
RECORDED: Book 200, Page 151
DESCRIPTION: INSOFAR AS SAID LEASE COVERS THE FOLLOWING DESCRIBED LAND
SITUATED IN ARCHER COUNTY, TEXAS: All of the East 120 acres of the 237.75
acre tract out of the R. H. Kirk Survey, Abstract 250, situated in Archer
County, Texas said 237.75 acre tract being described by metes and bounds
as follows, to-wit: Beginning at the most Westerly Northwest corner of
said survey, thence East 3253 feet with Public Road; thence South with
said road 134 feet; thence East with road 685 feet; thence South with road
2531 feet; thence West 3907.5 feet; thence North with West line of said
Survey, 2662 feet to the place of beginning and containing 237.75 acres,
more or less, being the same land conveyed in a Deed from John Krebs, et
ux, to O. A. Jones, dated February 21, 1920, recorded in volume 64, Page
181, Deed Records, Archer County, Texas, to which reference is here made.
5. UNIT NAME: Jones-Ford Unit
LEASE NUMBER: TX 6334-000
LEASE DATE: 10-18-45
LESSOR: O. A. Jones, et ux
LESSEE: Fred M. Manning, Inc.
RECORDED: Book 200, Page 237
DESCRIPTION: INSOFAR AS SAID LEASE COVERS THE FOLLOWING DESCRIBED LAND
SITUATED IN ARCHER COUNTY, TEXAS: The West 117.75 acres of a 237.75 acre
tract out the H. H. Kirk Survey, Abstract 250, Archer County, Texas, said
237.75 acre tract being described by metes and bounds as follows:
Beginning at the most Westerly Northwest corner of said survey, thence
East 3253 feet with Public Road; thence South with said road 134 feet;
thence East with road 605 feet; thence South with road 2531 feet; thence
West 3907.5 feet; thence North with West line of said Survey, 2662 feet to
the place of beginning and containing 237.75 acres, more or less, being
the same land conveyed in a Deed from John Krebs, et ux, to O. A. Jones,
dated February 21, 1920, recorded in volume 64, Page 181, Deed Records,
Archer County, Texas, to which reference is here made.
6. UNIT NAME: Jones-Ford Unit
LEASE NUMBER: TX 6336-000
LEASE DATE: 12-6-55
LESSOR: W. H. F. Mahler, et ux, Lida Mahler
LESSEE: The Ibex Company
RECORDED: Book 254, Page 99
DESCRIPTION: INSOFAR AND ONLY INSOFAR AS SAID LEASE COVERS THE OIL, GAS
AND OTHER MINERALS IN AND PRODUCED FROM THE HULL-SILK SAND FORMATION UNDER
THE FOLLOWING DESCRIBED LAND SITUATED IN ARCHER COUNTY, TEXAS: 20 acres of
land out of 112 acres of land, more or less, said 112 acres tract being
described by metes and bounds in an oil and gas lease dated June 20, 1945
from Margaret Park Dearing, as Lessor, to E. R. Perkins, as Lessee,
recorded in Volume 199, Page 572, Deed Records of Archer County, Texas to
which lease reference is here made for a complete description of said 112
acre tract, said 20 acre tract being described by metes and bounds as
follows: Beginning at the Northwest corner of said 112 acre tract; thence
Easterly with the North line of said tract, a distance of 927.9 feet to a
point; thence in a Southerly direction and parallel with the West line of
said 112 acre tract a distance of 928.9 feet to a point; thence Westerly
and parallel with North line of said tract 937.9 feet with the West line
of said tract; thence Northerly with the West line of said tract to the
place of beginning, and being the same 20 acre tract assigned by Fred M.
Manning, Inc., et al , to Jack E. Kadane on July 29, 1947, by instrument
shown of record in Volume 207, Page 519, Deed Records of Archer County,
Texas, and subsequently released by Jack E. Kadane in an instrument
recorded in Volume 247, Page 197, Deed Records of Archer County, Texas.
7. UNIT NAME: Jones-Ford Unit
LEASE NUMBER: TX 6336-001
LEASE DATE: 12-6-55
LESSOR: Margaret Park Dearing
LESSEE: The Ibex Company
RECORDED: Book 254, Page 194
DESCRIPTION: INSOFAR AND ONLY INSOFAR AS SAID LEASE COVERS THE OIL, GAS
AND OTHER MINERALS IN AND PRODUCED FROM THE HULL-SILK SAND FORMATION UNDER
THE FOLLOWING DESCRIBED LAND SITUATED IN ARCHER COUNTY, TEXAS: 20 acres of
land out of 112 acres of land, more or less, said 112 acres tract being
described by metes and bounds in an oil and gas lease dated June 20, 1945
from Margaret Park Dearing, as Lessor, to E. R. Perkins, as Lessee,
recorded in Volume 199, Page 572, Deed Records of Archer County, Texas to
which lease reference is here made for a complete description of said 112
acre tract, said 20 acre tract being described by metes and bounds as
follows: Beginning at the Northwest corner of said 112 acre tract; thence
Easterly with the North line of said tract, a distance of 927.9 feet to a
point; thence in a Southerly direction and parallel with the West line of
said 112 acre tract a distance of 928.9 feet to a point; thence Westerly
and parallel with North line of said tract 937.9 feet with the West line
of said tract; thence Northerly with the West line of said tract to the
place of beginning, and being the same 20 acre tract assigned by Fred M.
Manning, Inc., et al , to Jack E. Kadane on July 29, 1947, by instrument
shown of record in Volume 207, Page 519, Deed Records of Archer County,
Texas, and subsequently released by Jack E. Kadane in an instrument
recorded in Volume 247, Page 197, Deed Records of Archer County, Texas.
8. UNIT NAME: Jones-Ford Unit
LEASE NUMBER: TX 6335-000
LEASE DATE: 6-20-45
LESSOR: W. H. F. Mahler, et ux
LESSEE: E. R. Perkins
RECORDED: Book 200, Page 159
DESCRIPTION: INSOFAR AND ONLY INSOFAR AS SAID LEASE COVERS THE OIL, GAS
AND OTHER MINERALS IN AND PRODUCED FROM THE HULL-SILK SAND FORMATION UNDER
THE FOLLOWING DESCRIBED LAND SITUATED IN ARCHER COUNTY, TEXAS: 19.52 acres
of land, more or less, being all of the 112 acres of land, more or less,
out of the I. Kornicky Survey No. 12, Abstract 244, The H. H. Kirk Survey
Abstract 250, and Section 19, Block1, H & TC RR Co. Survey, Abstract 223,
and described by metes and bounds as follows: Beginning at a point on the
North line of Section 20, Block 1, H & TC RR Co. Survey, 322.0 varas East
of the Northwest corner thereof, same being the Southwest corner of this
tract; thence East along the north line of Section 20, Block 1, H & TC RR
Co. Survey 675.3 varas to corner in fence; thence North 940.3 varas with
fence to a corner in fence; thence West 675.3 varas to the Northwest
corner of said 112 acre tract at corner in fence; thence South with fence
line 929.1 varas to the place of beginning, and being the same tract
conveyed to R. H. Dearing by Z. E. Scofield, et ux, by deed dated June 29,
1920, recorded in Volume 64, Page 414, Deed Records of Archer County,
Texas, SAVE AND EXCEPT the following: That certain 20 acre tract of land
described in Lease No. TX 6336-000 and TX 6336-001, above with respect to
the Mahler-Dearing (20 acre) Lease,
9. UNIT NAME: Jones-Ford Unit
LEASE NUMBER: TX 6335-001
LEASE DATE: 6-20-45
LESSOR: Margaret Park Dearing
LESSEE: E. R. Perkins
RECORDED: Book 119, Page 572
DESCRIPTION: INSOFAR AND ONLY INSOFAR AS SAID LEASE COVERS THE OIL, GAS
AND OTHER MINERALS IN AND PRODUCED FROM THE HULL-SILK SAND FORMATION UNDER
THE FOLLOWING DESCRIBED LAND SITUATED IN ARCHER COUNTY, TEXAS: 19.52 acres
of land, more or less, being all of the 112 acres of land, more or less,
out of the I. Kornicky Survey No. 12, Abstract 244, the R. H. Kirk Survey,
Abstract 250, and Section 19, Block 1, H & TC RR Co. Survey, Abstract 223,
and described by metes and bounds as follows: Beginning at a point on the
North line of Section 20, Block 1, H & TC RR Co. Survey, 322.0 varas East
of the Northwest corner thereof, same being the Southwest corner of this
tract; thence East along the North line of Section 20, Block 1, H & TC RR
Co. Survey 675.3 varas to corner in fence; thence North 940.3 varas with
fence to a corner in fence; thence West 675.3 varas to the Northwest
corner of said 112 acre tract at corner in fence; thence South with fence
line 929.1 varas to the place of beginning, and being the same tract
conveyed to R. H. Dearing by Z. E. Scofield, etux, by deed dated June 29,
1920, recorded in Volume 64, Page 414, Deed Records of Archer County,
Texas, SAVE AND EXCEPT the following: That certain 20 acre tract of land
described in Lease No. TX 6336-000 and TX 6336-001, above with respect to
the Mahler-Dearing (20 acre) Lease.
10. UNIT NAME: Jones-Ford Unit
LEASE NUMBER: TX 6337-000
LEASE DATE: 6-20-45
LESSOR: W. H. F. Mahler, et ux
LESSEE: E. R. Perkins
RECORDED: Book 200, Page 153
DESCRIPTION: INSOFAR AND ONLY INSOFAR AS SAID LEASE COVERS THE FOLLOWING
DESCRIBED LAND SITUATED IN ARCHER COUNTY, TEXAS: The North 29.65 acres of
the East 42.53 acres of a tract of 70.42 acres, more or less, out of the
I. Kornicky Survey No. 12, Abstract 244, and the R. H. Kirk Survey,
Abstract 250, said 70.42 acre tract being described by metes and bounds as
follows: Beginning at a point in the present fence line 352.3 feet West of
the Northwest corner of Survey 20, Block 1, H & TC RR Co. Survey, same
being the Southwest corner of a 40 acre tract leased to E. R. Perkins by
instrument recorded in Volume 200, Page 157, Deed Records of Archer
County, Texas; thence North with the West line of said 40 acre tract
533.15 varas to its Northwest corner; thence East 423.55 varas to the
Northeast corner of said 40 acre tract; thence North with the fence line
and the West line of the original R. H. Dearing 112 acre tract 395.95
varas to a point in fence line; thence West 675.4 varas to the Northeast
corner of a 227.09 acre tract 917.9 varas to point in fence, same being
the Southeast corner of said 227.09 acre tract; thence South with fence
and the East line of said 227.09 acre tract 917.9 varas to point in fence,
same being the Southeast corner of said 227.09 acre tract; thence East
with fence 251.5 varas to place of beginning.
11. UNIT NAME: Jones-Ford Unit
LEASE NUMBER: TX 6337-000
LEASE DATE: 6-20-45
LESSOR: W. H. F. Mahler, et ux
LESSEE: E. R. Perkins
RECORDED: Book 200, Page 153
DESCRIPTION: INSOFAR AND ONLY INSOFAR AS SAID LEASE COVERS THE FOLLOWING
DESCRIBED LAND SITUATED IN ARCHER COUNTY, TEXAS: The North 20.43 acres of
the 55.78 acre tract composed of two tracts of land fully described as
follows: Tract I: The East 27.89 acres of a 227.89 acre tract out of the
William Shaw Survey, Abstract 378, the I. Kornicky Survey No. 12, Abstract
244, and the R. H. Kirk Survey, Abstract 250, said entire 227.89 acre
tract being described by metes and bounds as follows: Beginning at a point
in the fence line as now located on the ground that is 351.8 varas West of
the Northwest corner of Survey No. 20, Block 1, H & TC RR Co. Survey, same
being a corner in fence and the southeast corner of the tract herein
described: thence North with fence 917.9 varas to point in fence; thence
West 356.8 varas to point in fence and the East line of the Shaw Survey;
thence South 125.4 varas to corner in fence; thence West 1273.2 varas with
fence to corner in fence; thence South with fence line to corner in fence
and the Southwest corner of the Shaw Survey; thence East at 1220 varas
passing the Southeast corner of the Shaw Survey, in all 1574.4 varas to
the place of beginning. Tract 2: The West 27.89 acres of a tract of 70.42
acres, more or less, out of the I. Kornicky Survey No. 12, Abstract 244,
and the R.H. Kirk Survey, Abstract 250, described by metes and bounds as
follows: Beginning at the point in the present fence line that is 100.75
varas West of the Northwest corner of the aforesaid Survey No. 20, same
being Southwest corner of a 40 acre tract, leased to E. R. Perkins by
instrument recorded in Volume 200, Page 157, Deed Records of Archer
County, Texas; thence North with the West line of said 40 acre tract
533.15 varas to its Northwest corner; thence East 423.55 varas to the
Northeast corner of said 40 acre tract; thence North with the fence line
and the West line of the original R. H. Dearing 112 acre tract 395.95
varas to point in fence line; thence West 675.4 varas to the Northeast
corner of a 227.89 acre tract; thence South with fence and the East line
of said 227.89 acre tract 917.9 varas to point in fence, same being the
Southeast corner of said 227.89 acre tract; thence East with fence 251.5
varas to place of beginning.
12. UNIT NAME: Mahler "A" Unit
LEASE NUMBER: TX 6342-000
LEASE DATE: 2-11-44
LESSOR: Herman Mahler, et ux
LESSEE: J. G. Wooten
RECORDED: Book 194, Page 170
DESCRIPTION: INSOFAR AND ONLY INSOFAR AS SAID LEASE COVERS THE FOLLOWING
DESCRIBED LAND SITUATED IN ARCHER COUNTY, TEXAS: A 20 acre tract of land
described as follows: Commencing at the Southwest corner of a 160 acre
tract more specifically described in said lease, thence North with West
line of said 160 acre tract 933 1/3 feet to a point for Northwest corner
of this tract; thence East parallel with the South line of said 160 acre
tract 933 1/3 feet to Northeast corner of this 20 acre tract; thence South
parallel with the West line of this tract 933 1/3 feet to Southeast corner
in the South line of said 160 acre tract 933 1/3 feet to the Southwest
corner in of this tract and the point of commencement and containing in
all 20 acres of land. RIGHTS LIMITED TO A DEPTH BELOW 1,000 FEET FROM
SURFACE AND LESS AND EXCEPT ALL LEASEHOLD RIGHTS IN AND TO THE VOGTSBERGER
HORIZON OF STRAWN AGE BEING IDENTIFIED AT A SUBSURFACE INTERVAL OF 4,541
FEET TO 4, 794 FEET.
13. UNIT NAME: Mahler "A" Unit
LEASE NUMBER: TX 10077-000
LEASE DATE: 4-24-85
LESSOR: Caroline Mahler, a widow and Doris Mahler
Pappan
LESSEE: American Petrofina Company of Texas
RECORDED: Book 446, Page 198
DESCRIPTION: INSOFAR AND ONLY INSOFAR AS SAID LEASE COVERS THE FOLLOWING
DESCRIBED LAND SITUATED IN ARCHER COUNTY, TEXAS: 182 acres of land, more
or less, out of 202 acres of land, more or less, being a part of the West
One-Half (W/2) of Section 180, Block 1 of the Houston and Texas Central
Railroad Company Survey, A 898; and more particularly described in a
Warranty Deed from Fred Mahler and wife, Anna Mahler, to Herman Mahler,
filed December 11, 1930, recorded in Volume 143, Page 544, Deed Records of
Archer County, Texas. Deed reference made herein for a more complete
description of metes and bounds. SAVE AND EXCEPT 20 acres of land, more or
less, committed to the East Vogtsberger Unit, Archer County, Texas, and
being operated by American Petrofina Company of Texas; said 20 acres being
out of an original 160 acre lease from Herman Mahler, et ux to J. G.
Wooten, dated February 11, 1944, recorded in Volume 194, Page 170, Deed
Records of Archer County, Texas. SAVE AND EXCEPT the oil, gas and minerals
to a depth of 2,000 feet beneath the surface of the Northeast Quarter of
the Northwest Quarter (NE/4 NW/4) of Section 18, Block 1, of the Houston
and Texas Central Railroad Company Survey, A-898; and more particularly
described in an Oil, Gas and Mineral Lease from Caroline Mahler, et al to
Larry P. McClendon, recorded in Volume 374, Page 284, Deed Records of
Archer County, Texas.
14. UNIT NAME: East Vogtsberger
LEASE NUMBER: TX 6341-000
LEASE DATE: 8-16-54
LESSOR: Walter Ford and wife, Esther B. Ford,
J. R. Wilson, Arch Dawson, Mrs. Carrie
Mahler, a widow, Mrs. Lydia Hughes and
husband, Les Hughes, Katherine F.
McLaughlin and husband, Arch McLaughlin
LESSEE: John M. Mouser
RECORDED: Book 235, Page 323
DESCRIPTION: INSOFAR AND ONLY INSOFAR AS SAID LEASE COVERS THE FOLLOWING
DESCRIPTION: 88 ACRES OF LAND, MORE OR LESS, OUT OF Survey No. 19, Block
1, H & TC RR Co. Survey, described as follows: Beginning at Northeast
corner of said Section 19; thence South with its East line 1459 feet;
thence West parallel with North line of said Survey 2602 feet; thence
North 524 varas to North line of said section; thence East with North line
of said section 2604 feet to the beginning and containing 88 acres, more
or less.
15. UNIT NAME: East Vogtsberger
NUMBER: TX 6341-001
LEASE DATE: 8-16-54
LESSOR: Arch McLaughlin and Katherine F.
McLaughlin, husband and wife
LESSEE: John M. Mouser
RECORDED: Book 235, Page 325
DESCRIPTION: INSOFAR AND ONLY INSOFAR AS SAID LEASE COVERS THE FOLLOWING
DESCRIPTION: 88 acres of land, more or less, out of Survey No. 19, Block
1, H & TC RR Co. Survey, described as follows: Beginning at Northeast
corner of said Section 19; thence South with its East line 1459 feet,
thence West parallel with North line of said Survey 2602 feet; thence
North 524 varas to North line of said Section; thence East with North line
of said Section 2604 feet to the beginning and containing 88 acres, more
or less.
16. UNIT NAME: East Vogtsberger
NUMBER: TX 6342-000
LEASE DATE: 2-11-44
LESSOR: Herman Mahler, et ux
LESSEE: J.G. Wootten
RECORDED: Book 194, Page 170
DESCRIPTION: INSOFAR AND ONLY INSOFAR AS SAID LEASE COVERS ALL FARMATIONS
BELOW 1000 FEET FROM THE SURFACE IN AND UNDER THE FOLLOWING DESCRIBED
LAND: That certain 20 acre tract of land out of certain 160 acre tract out
of H & TC RR Co. Survey No. 18, Certificate 32/3066, Block 1, Abstract No.
8998 at the more specifically described Oil and Gas Lease here before
executed by Herman Mahler and wife Caroline Mahler, as Lessors, to J. C.
Wootten, as Lessee, dated February 11, 1944 duly recorded in Volume 194,
Page 170, of the Deed Records of Archer County, Texas and said 20 acre
tract being more specifically described as follows: Commencing at the
Southwest corner of said 160 acre tract; thence North with West line of
said 160 acre tract 933 1/3 feet to a point for Northwest corner of this
tract; thence East parallel with the South line of said 160 acre tract 933
1/3 feet to Northeast corner of this 20 acre tract; thence South parallel
with the West line of this tract 933 1/3 feet to Southeast corner in the
South line of said 160 acre tract; thence West along the South line of
said 160 acre tract 933 1/3 feet to the Southwest corner of this tract and
the point of commencement and containing in all 20 acres of land. INSOFAR
AND ONLY INSOFAR AS SAID TWENTY (20) ACRES COVER THE VOGTSBERGER HORIZON
OF STRAWN AGE BEING IDENTIFIED AT A SUNSURFACE INTERVAL OF 4,641 FEET TO
4,794 FEET.
17. UNIT NAME: East Vogtsberger
NUMBER: TX 6343-000
LEASE DATE: 1-20-45
LESSOR: Blanche Nichols McKee, et al
LESSEE: J. G. Wooten
RECORDED: Book 198, Page 506
DESCRIPTION: INSOFAR AND ONLY INSOFAR AS SAID LEASE COVERS THE FOLLOWING
DESCRIPTION: Being Lots 1,2,3,4,5, and 6 in and being all of Block 50 of
the American Tribune New Colony Lands, and being a part of Survey 19,
Block 1, H & TC RR Co. Survey, Abstract No. 223, situated in Archer
County, Texas according to the recorded map or plat said subdivision of
record in the office of the County Clerk of Archer County,Texas, SAVE AND
EXCEPT the South 128 acres thereof, and containing 100 acres, more or
less.
18. UNIT NAME: East Vogtsberger
NUMBER: TX 6344 -000
LEASE DATE: 11-19-54
LESSOR: Adelbert P. Nichols, Jr.
LESSEE: The Ibes Company
RECORDED: Book 247, Page 372
DESCRIPTION: INSOFAR AND ONLY INSOFAR AS SAID LEASE COVERS THE FOLLOWING
DESCRIPTION: Being the South 128 acres of the following described tract of
land: Lots 1,2,3,4,5, and 6 in Block 50 of the American Tribune New Colony
Company Lands, according to the recorded map or plat of said subdivision
of record in the office of the County Clerk of Archer County, Texas, and
being the same 120 acres of land described in the Partial Release of Oil
and Gas Lease from Fred M. Manning, Inc. et al, to Blanche Nichols McKee,
et al.
19. UNIT NAME: West Vogtsberger
LEASE NUMBER: TX 6331-000
LEASE DATE: 4-26-45
LESSOR: Walter Ford, et al
LESSEE: E. R. Perkins
RECORDED: Book 200, Page 161 LEASE DATE:
DESCRIPTION: INSOFAR AND ONLY INSOFAR AS SAID LEASE COVERS THE FOLLOWING
DESCRIPTION: 220.5 acres, more or less, out of Survey 19, Block 1, H & TC
RR Co. Survey, Abstract 223,described as follows: Beginning at the
Northwest corner of a 160 acre tract conveyed to W.I. Haston by deed
recorded in Volume U, Page 43, Deed Records of Archer County, Texas:
thence North 1455.56 feet to the North line of said Survey 19, corner in
road; thence West with North line of said Survey 1538.89 feet to Northeast
corner of the 10 acre tract sold to the Church; thence South 1089.92 feet
to corner; thence West 330 feet to corner; thence South 707.5 feet to
corner; thence West 770 feet to the West line of said Survey 19; thence
South 725 feet to Southeast corner of the original corner of the original
Krebs tract; thence East 833.3 feet to Northeast corner of the R. H.
Dearing 112 acre tract; thence South with East line of said Dearing tract
2600 feet to the Southeast corner thereof in the Southline of Section 19;
thence East 1805.56 feet; thence North passing the Southwest corner of
said Haston tract, in all 3666.67 feet to place of beginning.
20. UNIT NAME: West Vogtsberger
NUMBER: TX 6332-000
LEASE DATE: 9-1-45
LESSOR: First Evangelical Church
LESSEE: E.R. Perkins
RECORDED: Book 200, Page 229
DESCRIPTION: INSOFAR AND OMLY INSOFAR AS SAID LEASE COVERS THE FOLLOWING
DESCRIPTION: 40 acres of land out of Survey 19, Block 1, H &TC RR Co.
Survey, Abstract 233, described by metes and bounds as follows: Beginning
at the Northwest corner of said Survey 19; thence East with its North line
1100 feet to corner; thence South 1089.92 feet to corner; thence West 330
feet to corner; thence South 707.5 feet to corner; thence West 770 feet to
corner in West line of Section 19; thence North with West line of Section
19, 1797.4 feet to place of beginning, of Archer County, Texas.
21. UNIT NAME: West Vogtsberger
NUMBER: TX 6331-000
LEASE DATE: 4-26-45
LESSOR: Walter Ford, et al
LESSEE: E. R. Perkins
RECORDED: Book 200, Page 161 LEASE DATE:
DESCRIPTION: INSOFAR AND ONLY INSOFAR AS SAID LEASE COVERS THE FOLLOWING
DESCRIPTION: 40 acres of land out of Survey 19, Block 1, H & TC RR Co.
Survey, Abstract 223, described by metes and bounds as follows: Beginning
at the Northwest corner of said Survey 19; thence East with its North line
1100 feet to corner; thence South 1089.92 feet to corner; thence West 330
feet to corner; thence South 707.5 feet to corner; thence West 770 feet to
corner in West line of Section 19; thence North with West line of Section
19, 1797.4 feet to place of beginning, of Archer County, Texas.
22. UNIT NAME: West Vogtsberger
NUMBER: TX 6333-000
LEASE DATE: 6-20-45
LESSOR: O. A. Jones
LESSEE: E. R. Perkins
RECORDED: Book 200, Page 151
DESCRIPTION: INSOFAR AND ONLY INSOFAR AS SAID LEASE COVERS THE FOLLOWING
DESCRIPTION: All of the East 120 acres of a 237.75 acre tract out of the
H. H. Kirk Survey, Abstract 250, situated in Archer County, Texas, said
237.75 acre tract being described by metes and bounds as follows, to-wit;
Beginning at the most Westerly Northwest corner of said Survey; thence
East 3253 feet with Public Road; thence South with said road 134 feet;
thence East with road 685 feet; thence South with road 2531 feet; thence
West 3907.5 feet; thence North with West line of said Survey, 2662 feet to
the place of beginning and containing 237.75 acres, more of less, being
the same land conveyed in a Deed from John Krebs et ux to O. A. Jones,
dated February 21, 1920, recorded in Volume 64, Page 181, Deed Records,
Archer County, Texas, to which reference is here made.
23. UNIT NAME: West Vogtsberger
NUMBER: TX 6335-000
LEASE DATE: 6-20-45
LESSOR: W. H. F. Mahler, et ux
LESSEE: E. R. Perkins
RECORDED: Book 200, Page 159
DESCRIPTION: INSOFAR AND ONLY INSOFAR AS SAID LEASE COVERS THE FOLLOWING
DESCRIPTION: 72.48 acres of land out of 112 acres of land, more or less,
described by metes and bounds as follows: Beginning on the North line of
Section 20, Block 1, H & TC RR Co. Survey 322.8 varas East of Northwest
corner thereof; thence East 675.3 varas to the Southeast corner of said
112 acre tract; thence North 0 degrees 7 minutes East with East line of
said 112 acre tract 605.9 varas; thence Westerly parallel with Northerly
line of said 112 acre tract 675.3 varas to a point on West line of said
112 acre tract and the Southwest corner of the Mahler Dearing 20 acre
tract; thence South 0 degrees; 7 minutes West with the West line of said
112 acre tract 594.7 varas to the place of beginning, situated in Archer
County, Texas.
24. UNIT NAME: West Vogtsberger
NUMBER: TX 6335-001
LEASE DATE: 6-20-45
LESSOR: Margaret Park Dearing
LESSEE: E. R. Perkins
RECORDED: Book 199, Page 572
DESCRIPTION: INSOFAR AND ONLY INSOFAR AS SAID LEASE COVERS THE FOLLOWING
DESCRIPTION: 72.48 acres of land out of 112 acres of land, more or less,
described by metes and bounds as follows: Beginning on North line of
Section 20, Block 1, H & TC RR Co. Survey 322.8 varas East of Northwest
corner thereof; thence East 675.3 varas to the Southeast corner of said
112 acre tract; thence North 0 degrees 7 minutes East with East line of
said 112 acre tract 605.9 varas; thence Westerly parallel with Northerly
line of said 112 acre tract 675.3 varas to a point on West line of said
112 acre tract and the Southwest corner of the Mahler Dearing 20 acre
tract; thence South 0 degrees, 7 minutes West with the West line of said
112 acre tract 594.7 varas to the place of beginning, situated in Archer
County, Texas.
25. UNIT NAME: West Vogtsberger
NUMBER: TX 6335-000
LEASE DATE: 6-20-45
LESSOR: W. H. F. Mahler, et ux
LESSEE: E. R. Perkins
RECORDED: Book 200, Page 159
DESCRIPTION: INSOFAR AND ONLY INSOFAR AS SAID LEASE COVERS THE FOLLOWING
DESCRIPTION- SAVE AND EXCEPT FROM SAID LAND HULL-SILK SAND FORMATION:
39.52 acres of land, more or less, being the same 39.52 acre tract of land
described in a Pooling agreement dated April 16, 1959, executed by
Margaret Park Dearing, to which Pooling Agreement as ratified and
supplemented, reference is here made for all purposes.
26. UNIT NAME: West Vogtsberger
NUMBER: TX 6338-000
LEASE DATE: 7-3-62
LESSOR: Lida Mahler, Individually and as
Executrix of the Estate of W. H. F.
Mahler, deceased
LESSEE: Graridge Corporation
RECORDED: Book 288, Page 163
DESCRIPTION: INSOFAR AND ONLY INSOFAR AS SAID LEASE COVERS THE FOLLOWING:
Being 40 acres of land, being parts of the I. Kornicky Survey, Abstract
244, and the H. H. Kirk Survey, Abstract 250, described by metes and
bounds as follows: Beginning at a point of the North line of Section 20,
Block 1, H &TC RR Co. Lands 322.0 varas East of the Northwest corner
thereof, same being the Southwest corner of a 112 acre tract as more
particularly described in Volume 64, Page 414, Deed Records Archer County,
Texas, for the Southeast corner and beginning corner of this tract; thence
North with the fence line 533.15 varas to a corner in the fence for the
Northeast corner of this tract; thence West parallel with the South line
of this tract 423.55 varas to a point for the Northwest corner of this
tract; thence South parallel with the West line of this tract 533.15 varas
to a point in the fence line; thence East 423.55 varas to the place of
beginning, and containing 40 acres, more or less.
27. UNIT NAME: West Vogtsberger
NUMBER: TX 6339-000
LEASE DATE: 5-14-59
LESSOR: American Climax Petroleum Corp.
LESSEE: The Ibex Company
RECORDED: Book 269, Page 572
DESCRIPTION: INSOFAR AND ONLY INSOFAR AS SAID LEASE COVERS THE FOLLOWING:
The Northeast Quarter of the Northwest Quarter (NE/4 NW/4) of H & TC RR
Co. Survey, Block 20, Abstract 1198, Archer County, Texas.
28. WELL NAME: Block Estate
LEASE NUMBER: TX 6340-000
LEASE DATE: 2-17-44
LESSOR: E.J. Mahler et al
LESSEE: J. G. Wooten
RECORDED: Book 197, Page 27
DESCRIPTION: INSOFAR AND ONLY INSOFAR AS SAID LEASE COVERS THE FOLLOWING
LANDS, TO-WIT: The North 160 acres of the East Half LESS AND EXCEPT the
Northwest 40 acres of the East Half from the surface of the earth to 2000
feet below the surface of the earth. Section 18, Block 1, H & TC RR Co.
Survey, A-898, Archer County, Texas.
COLEMAN COUNTY, TEXAS
TRACT I - May Hagler Lease: The south 180 acres of the north 260 acres of the
west 413 acres of the Bradford Fowler Survey No. 485, and being the same land
described in said lease dated March 25, 1953, executed by Ella May Hagler, et
al, as Lessor, in favor of Carvel Walker, as Lessee, recorded in Vol. 326, page
316, of the Deed Records of Coleman County, Texas,
TRACT II - J. G. Parker Lease: Lease recorded in Vol. 326, page 312, of the Deed
Records of Coleman County, Texas and described as follows: 103 acres of land
located in the SW part of the Bradford Fowler Survey No. 485, A-203, Coleman
County, Texas, to wit: all of the following described 153 acres of land, except
the west 50 acres thereof: beginning at the SW corner of said survey; thence
north 586.7 vrs. To the SW corner of and 80-acre tract sold to P. B. Hagler;
thence east 1550 vrs. with Hagler's south line to a st. md. set for NE corner of
the subdivision; thence south 528.8 vrs. to st. set in the south line of said
Survey No. 485; thence SW 1550 vrs. with the south boundary line of said survey
to the place of beginning, and being the same land described in the Deed from J.
A. Parker to Jett Parker dated November 27, 1908, recorded in Vol. 65, page 367
of the Deed Records of Coleman County, Texas.
TRACT III - Donie Seal Lease: Lease recorded in Vol. 326, page 304, of the Deed
Records of Coleman County, Texas, and described as follows: all that certain
tract of parcel of land, lying and being situated in Coleman County, Texas,
being 80 acres out of the Bradford Fowler Survey No. 485, page no. 63, cert. No.
1144, abstract 203, meted and bounded as follows, to wit: beginning at the NE
corner of an 180 acre subdivision out of the Bradford Fowler Survey No. 485, a
st. md. in the north line of said Survey, and 971 vrs. west of the NE corner of
said Survey; thence south 291.37 vrs. with east line of said 180 acre
subdivision to the SE corner of this 80 acre subdivision; thence west 1550 vrs.
through said 180 acre subdivision to the SW corner of this 80 acre tract; in the
west line of said Survey No. 485; thence north 291.37 vrs. with the west line of
said Survey to a st. md. for the NW corner of said Survey No. 485; thence east
1550 vrs. with the north line of said Survey to the place of beginning, and
being the same land described in Deed from J. L. Saverance, et ux, Lola
Saverance, to H. A. Hagler, dated January 5, 1942, recorded in Vol. 237, page
497, Coleman County Deed Records, here referred to, and containing 80 acres of
land, more or less.
TRACT IV - Fred Knowles Lease: Recorded in Vol. 327, 0age 470, of the Deed
Records of Coleman County, Texas, and described as follows; 150.62 acres of land
out of the M.D.J Trevino Survey No. 668, and being Block 1 of said Survey,
described by metes and bounds as follows; beginning in the east line of said
Survey 2,115 vrs. north of the SE corner of said Survey; thence west 599.2 vrs.
to the NW corner of Block No. 1; thence south 1419 vrs.; thence east 599.2 vrs.;
thence north with the east line of said Survey, 1419 vrs. to the place of
beginning and being the same land described in the Deed to Fred Knowles and wife
dated March 29, 1951, recorded in Vol. 303, page 408, of the Deed Records of
Coleman County, Texas, SAVE AND EXCEPT the north 40 acres thereof.
TRACT V - A. R. Neff and Ruby Nell Neff Lease: Recorded in Vol. 338, page 90 of
the Deed Records of Coleman County, Texas covering the following described
tracts:
Tract 1-137 acres of Land out of the Bradford Fowler Survey No. 485,
A-203, and describe by metes and bounds as follows: beginning at the SE
corner of Survey NO. 484, a stake from wh a L.O. 10" in dia. Brs. S. 72 W.
46 L. O. 10" in dia. Brs. S 49 W 41 vrs.; thence south 1449 vrs. a st. for
corner; thence south 87-3/48 W 529 vrs. a st. SW corner this tract and SE
corner of subdivision sold to E. W. Parker; thence north with E. W.
Parker's east line 1,469 vrs. a st. md in north line of Bradford Fowler
Survey No. 485 for NW corner this tract and NE corner of the E. W. Parker
subdivision; thence east with north line of said Bradford Fowler Survey
529 vrs. to place of beginning, and being the same land conveyed to L. C.
Vaughn by Jett Parker and N. C. Parker by Deed recorded in Vol 55, page
228, Deed Records of Coleman County, Texas, same here referred to and made
a part hereof.
Tract 2-116 acres of land out of the Bradford Fowler Survey No. 485, and
describe by metes and bounds as follows; beginning at a st. md. in north
line of Survey No. 485 , 529 vrs. west of its NE corner for NE corner this
tract; and NW corner of subdivision owned by Jett Parker; thence south
with the west line of Jett Parker subdivision 1469 vrs. st md. SE corner
this tract SW corner Jett Parker tract; thence south 83-3/4 deg. West 443
vrs.; thence north 830 vrs. pass over SE corner subdivision of subdivision
owned Alvin Parker, continue north 646 vrs. 1486 vrs. in all st. md in
north line of Survey No. 485 for NW corner this tract; thence east with
north line of said Survey, 443 vrs. to the place of beginning, and being
the same land conveyed to L. C. Vaughn by E. W. Parker by Deed dated
August 20, 1905, and recorded in Vol. 55, page 229, of the Deed Records of
Coleman county, Texas, here referred to and made a part hereof;
AND BEING the same two tracts of land conveyed by M. H, Gossett, Trustee
for the Federal Land Bank of Houston, by Leonidas C. Vaughn, by Deed of
Trust dated April 26, 1922, filed April 29, 1922, recorded in Vol. 44,
page 144, Deed of Trust Records of Coleman County, Texas.
TRACT VI - J. C. Parker Lease: Lease dated September 9, 1955, and recorded in
Vol. 355, page 439, Deed Records of Coleman County, Texas and described as
follows: 50 acres of land, more or less, being the west 50 acres of a tract 153
acres out of the Branford Fowler Survey No. 485, patent No. 63, certification
No. 1144, Abstract No. 203, Coleman County, Texas and said 50 acres being more
particular described in Oil, Gas, and Mineral Lease from J. G. Parker, et ux, to
Frank W. Burger dated September 5, 1955, recorded in Vol. 355, page 439, of the
Deed Records of Coleman County, Texas.
The above interests are subject to the terms and conditions of that certain Unit
Agreement for the Hagler (Capps Lime) Unit dated May 15, 1963, and that certain
Unit Operating Agreement for the Hagler (Capps Line) unit dated May 15, 1963.
EAST HAGLER TRACT - Being 216.22 acres, more or less, and being out of the James
Foley Survey No. 489, Abstract No. 200, and the Andres Gable Survey No. 271,
Abstract No. 226, as recorded in Vol. 600, page 329 of the Dee Records of
Coleman County, Texas, INSOFAR AND ONLY INSOFAR AS said lease covers the
proration unit around the East Hagler #1 well located 607.3' from the north line
and 681.3' from the west line of the James Foley Survey No. 489, and being more
particularly describe as follows, to wit: beginning at the northwest corner of
said survey; thence south 937.3' to a point; thence east 1011.3' to a point;
thence north 937.3' to a point; thence west 1011.3' to the place of beginning
and containing 21.76 acres, more or less.
CALLAHAN COUNTY, TEXAS
20 acres around the Smith No. 1A beginning at a point 276.6 feet south of the
northwest corner of the southeast quarter (SE/4) of said Survey 319 and being
the northwest corner of said 20 acre tract; thence east 1220 feet to a point for
the northeast corner of said 20 acre tract; thence south 714.1 feet to a point
being the southeast corner of said 20 acre tract; thence west 1220 feet to a
point for the southwest corner of said 20 acre tract; thence north 714.1 feet to
the place of beginning;
20 acres around the Smith No. 1 well beginning at a point 990.7 feet south of
the northwest corner of the southeast quarter (SE/4) of said Survey 319 to a
point being the northwest corner of said 20 acre tract; thence east 935 feet to
a point for the northeast corner of said 20 acre tract; thence south 935 feet to
a point for the southeast corner of said 20 acre tract; thence west 935 feet to
a point for the southwest corner of said 20 acre tract; thence north 935 feet to
the place of the beginning;
20 acres around the Jacobs No. 2, 10 acres of which are located in the southeast
quarter (SE/4) of said Section 319, said 20 acres being described as beginning
at a point being north 89(degree) 27' 09" east 2289.15 feet from the southwest
corner of Section 319; thence north 0(degree) 23' 12" west 1157.39 feet to a
point; thence north 89(degree) 27' 09" east 376.37 feet to a point; thence south
0(degree) 23' 12" east 415.57 feet to a point; thence north 89(degree) 27' 09"
east 587.21 feet to a point; thence south 0(degree) 23' 12" east 741.82 feet to
a point; thence south 89(degree) 27' 09" west 963.58 feet to the place of
beginning and containing 20 acres of land, more of less;
20 acres around the Jacobs No. 3-B well, said 20 acres being described as
beginning at a point north 89(degree) 27' 09" east 2289.15 feet from the
southwest corner of Section 319; thence north 1157.4 feet to a point for the
northeast corner of said 20 acre tract; thence west 752.7 feet to a point for
the northwest corner of said 20 acre tract; thence south 1157.4 feet to the
southwest corner of said 20 acre tract; thence east 752.7 feet to the place of
beginning.
20 acres around the Jacobs No. 1 well, said 20 acres being described as
beginning at a point 1157.4 feet north of the southeast corner of the southwest
quarter (SW/4) of said Survey 319 for the southeast corner of said 20 acre
tract; thence north 935 feet to a point for the northeast corner of said 20 acre
tract; thence west 935 feet to a point for the northwest corner of said 20 acre
tract; thence south 935 feet to a point for the southwest corner of said 20 acre
tract; thence east 935 feet to the place of beginning.
1. Lease dated July 2, 1988, from George L. Ramsey and Homer K. Taylor and
others, as Lessor, to D-T Development Company as Lessee, recorded in
Volume 579, page 119, Deed Records, Callahan County, Texas, only as to
depths below 2,000 feet.
2. Lease dated September 1, 1996, from John H. Wilson, II, Trustee, as
Lessor, to Richard D. Raughton as Lessee, recorded in Volume 42, page 129,
Official Public Records, Callahan County, Texas.
3. Lease dated August 29, 1996, from E. Murriell E. Wunderlich as Lessor, to
Richard D. Raughton as Lessee, recorded in Volume 52, page 125, Official
Public Records, Callahan County, Texas.
4. Lease dated August 29, 1996, from Manning Oil Partners, a Colorado
partnership, as Lessor, to Richard D. Raughton as Lessee, recorded in
Volume 52, page 122, Official Public Records, Callahan County, Texas.
5. Lease dated August 29, 1996, from Mabel Dilger as Lessor, to Richard D.
Raughton as Lessee, recorded in Volume 52, page 132, Official Public
Records, Callahan County, Texas.
6. Lease dated June 13, 1996, from Mary Blackburn Bell as Lessor, to Richard
D. Raughton as Lessee, recorded in Volume 52, page 144, Official Public
Records, Callahan County, Texas.
7. Lease dated June 13, 1996, from Eloise Zabloudil as Lessor, to Richard D.
Raughton as Lessee, recorded in Volume 52, page 138, Official Public
Records, Callahan County, Texas.
8. Lease dated June 13, 1996, from ZWM Trust, Julie Hagin, Trustee, as
Lessor, to Richard D. Raughton as Lessee, recorded in Volume 52, page 141,
Official Public Records, Callahan County, Texas.
9. Lease dated August 9, 1996, from Cubelle L. Harris, Reciever for W.L. DeLa
Houssaye and Ross W. Suggett as Lessor, to Richard D. Raughton as Lessee,
recorded in Volume 52, page 135, Official Public Records, Callahan County,
Texas.
10. Lease dated June 6, 1996, from George L. Ramsey as Attorney-in-Fact for
Jessie Ramsey Bryant, as Lessor, to Richard D. Raughton as Lessee,
recorded in Volume 50, page 11, Official Public Records, Callahan County,
Texas.
11. Lease dated June 6, 1996, from George Ramsey as Lessor, to Richard D.
Raughton as Lessee, recorded in Volume 50, page 5, Official Public
Records, Callahan County, Texas.
12. Lease dated October 1, 1996, from Kathy Sheree Raughton and George T.
Smith as Lessor, to Robert A. Taylor as Lessee, recorded in Volume 54,
page 17, Official Public Records, Callahan County, Texas.
PALO PINTO COUNTY, TEXAS
Oil and gas Lease between the City of Gordon, as Lessor, and Jack Parker, Inc.,
as Lessee, dated December 15, 1978, and recorded in Vol. 525, page 266, Deed
Records, Palo Pinto County, Texas, covering 320 acres, more or less.
Oil and Gas Lease dated June 18, 1946, recorded in Volume 208, Page 570, Deed
Records of Palo Pinto County, Texas, executed by F. B. Belding, et al, as
Lessor, in favor of Palo Pinto Oil and Gas Corporation, covering 614.2 acres,
more or less, out of Section 43, Block 2, T&P Ry. Co. Surveys, Abstract No.
1403, Palo Pinto County, Texas, and being all of said Section conveyed by Mrs.
Amelia Lorenz to F.B. Belding by Deed dated November 29, 1935, recorded in
Volume 182, Page 370, Deed Records, SAVE AND EXCEPT those five tracts excepted
from a Deed from F. B. Belding and wife to William Sanders, dated February 25,
1950, recorded in Volume 224, Page 19, Deed Records. Limited to depths from the
surface of the earth to the depth of 1500 feet below the surface of the earth.
Exhibit "C"
Management Agreement
(Under Construction)