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<br />RECEIVED
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<br />COMM.DEV.
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<br />AGREEMENT
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<br />STATE OF TEXAS
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<br />KNOW ALL MEN BY THESE PRESENTS, THAT
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<br />COUNTY OF HARRIS
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<br />WHEREAS, Tommy L. Gardner, et ux, Celia Gardner, hereinafter
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<br />referred to as "Lessors", heretofore executed that certain
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<br />instrument entitled '"Oil, Gas and Mineral Lease", dated October 6,
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<br />1988, recorded under Film Code Number 133-71-0582 of the Official
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<br />Public Records of Real Property of Harris County, Texas, and
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<br />covering the following land, to wit:
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<br />1. 214 'acres of land, more or less, out of the Enoch
<br />Brinson Survey, A-5, Harris County, Texas, and being the
<br />same tract of land described in that certain Deed dated
<br />May 7, 1971, by and between Kenneth R. Reed and wife, Iva
<br />J. Reed, and Tommy L. Gardner, et ux, Cel ia Gardner,
<br />recorded under Film Code Number 129-26-2178 of the
<br />Official Public Records of Real Property of Harris
<br />County, Texas; and,
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<br />WHEREAS, Paragraph 7 of the aforesaid Oil, Gas and Mineral Lease
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<br />grants Exxon corporation, its successors or assigns, the right to
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<br />drill a well at a location no closer than two hundred feet (200')
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<br />to any residence or barn now on said land as described above; and,
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<br />WHEREAS, Arkla Exploration Company, successor in interest to Exxon
<br />Corporation, is desirous of drilling the Lomax Gas Unit No.3, Well
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<br />No. 1 at a surface location in the Enoch Brinson Survey, A-5,
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<br />Harris County, Texas; and,
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<br />WHEREAS, such location falls within six hundred ninety-two feet
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<br />(692') of the residence located on the above described lands as
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<br />further illustrated on that certain Plat of Arkla Exploration
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<br />Company's Proposed Drillsite for the Lomax Gas Unit No.3, Well No.
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<br />1, being described as Exhibit "A" attached to and made a part
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<br />hereof; and,
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<br />WHEREAS, Section 16-4(2), Well Location of City Ordinance No. 1659,
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<br />dated January 8, 1990, requires Arkla Exploration Company to secure
<br />the written permission of Lessor in order to drill the aforesaid
<br />well at the proposed surface location for purposes of receiving a
<br />drilling';,permit from the City of LaPorte;
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