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2008_07.01 BOA PacketAGENDA BOARD OF ADJUSTMENT REGULAR MEETING - JULY 1, 2008 KENNEDALE MUNICIPAL BUILDING - 405 MUNICIPAL DR. COUNCIL CHAMBERS 7:00 PM CALL TO ORDER ROLL CALL I. VISITORS /CITIZENS FORUM At this time, any person with business before the Board of Adjustment not scheduled on the Agenda may speak, provided that a "Speaker's Request Form" has been completed and submitted to the Board of Adjustment Secretary prior to the start of the meeting. All comments must be directed towards the Chair, rather than individual BOA members or staff. All speakers must limit their comments to the subject matter as listed on the "Speaker's Request Form." No formal action can be taken on these items. II. CONSIDER BOA CASE # 08 -04 A request for a Special Exception to the City Code Section 17 -426 (c), to allow oil and gas well drilling and production to be located at 5750 E IH 20 as required by this section. Legal description is Lot 1 R1A, Block 1 of the Fort Worth Inc Addition in the City of Kennedale, Tarrant County, Texas as requested by EOG Resources, Inc. a) STAFF PRESENTATION OF CASE b) APPLICANT PRESENTATION OF CASE c) PUBLIC HEARING ON BOA CASE #08 -04 d) APPLICANT RESPONSE e) STAFF RESPONSE AND SUMMARY OF CASE f) ACTION ON CASE III. REGULAR ITEMS a) Approval of Minutes dated June 3, 2008. IV. STAFF REPORTS a) Staff Update on City Projects. V. ADJOURNMENT Staff Report To the Members of the Board of Adjustment Date: June 27, 2008 Agenda Item No: II Subject: BOA Case # 08 -04 -- Special Exception to allow oil and gas well drilling Originated by: James Cowey, Building Official Summary: EOG Resources Inc. has applied for a special exception for the purpose of drilling five (5) gas wells from one pad site located at 5750 East 1 -20. The actual well site has been assigned an address of 5620 East 1 -20. As per the City's Ordinances, this requires a special exception from the Board of Adjustments before they can receive a gas drilling permit from the City. On June 3, 2008 this case was tabled due to waiver letters not being acquired by EOG Resources. EOG Resources has moved their drill site to allow for fewer waivers to be acquired from the affected property owners. Please find enclosed in your packet a new site plan showing the location of the drill head, all required waiver letters, Certificate of Insurance, and the Permit Bond. Recommendation: Staff has no issues with approving this application for Special Exception. Disposition by Commission: r� 420 Thmckmorton Street Suite #1200 Fort tNorth, TX 76102 317- 339 -9380 Phone 817 - 339 -9327 Fax 1. The purpose of this application is to create one (1) new drill site in the Moore Unit. 2. Drilling and Completion activities will comply with the City of Kennedale Zoning Ordinance 3. EOG Resources, Inc., will drill up to five (5) wells from the Moore Unit pad site 4. The proposed gas development will comply with all state and federal environmental regulations. 5. 'Vehicular traffic will be from SE Loop 820 frontage road, to the entrance to the drill site. 6. The access road to the drilling site will utilize an existing driveway and will be re- constructed if necessary to provide an all- weather driving surface and stabilized entrance from the paved surface. The access road and entrance will meet Fire Department access requirements in accordance with the fire code. 7. If the necessary peak volume of water is available through the City's water system, mobile frac tanks will be utilized during the fracturing process. Otherwise, one (1) frac pond will be constructed in conjunction with this site on the Moore Unit. The frac pond will be secured and enclosed by a minimum 4' chain link fence. 8. Depending on available capacity, water for drilling and fracturing operations will be from a water well or purchased through the city. 9. The drilling site will be graded to provide a flat surface for drilling and completion operations. The drilling pad will be constructed of 6" minimum of compacted, crushed limestone, providing an all- weather surface and safe work area. The drilling site will accommodate all parking and truck movements necessary for drilling and completion operation and will be enclosed with a 6' chain link fence. 10. Prior to construction activities, erosion control devices will be installed and will comply with all local, state, and federal requirements. 11. Before any site work commences an address sign will be installed in accordance with the Fire Code. The physical address is: 5620 lH 20 Kennedale, TX 76080 12. Equipment associated with the operation site will comply with existing City of Kennedale ordinances. Proposed equipment will not exceed 8' in height. 13. The proposed drill site is within the FWT, roc's manufacturing facility and will occupy ( approximately 4.5 acres of land within an existing storage yard. The FWT, Inc. manufacturing compound is currently secured by a security fence. However, upon completion of drilling activities, EOG Resources, Inc., will install an eight (8') foot cedar screen wall with masonry columns to provide an additional level of security and provide for the screening of equipment associated with the production of natural gas in the Barnett Shale. CITY OF KENNEDALE BOARD OF ADJUSTMENT APPLICATION FOR SPECIAL EXCEPTION I Applicant: Name E Work Phone Mailing Address Owner: 3 3 `i - `1 S'6 J u2(� `7�r0C- kkAart Name yJ i Inc- ao, F Frede-rr(-k Moo i-r% Home - rx 7 (aI() Work Phone $ f 7 a Mailing Address po 13bx vJo 7?' - 7 59 Property Location I <Z-AAectcde- (Number and Street) Legal Description IL /� Lcr - (/�/ f�- , `F ZY) e- , A- do(-i fi'ati ��Pn (Lot, Block & Subdivision) Note: Attach metes and bounds description if property is not platted. Zoning District d nd.uS1 Describe Special Exception requested:_ ACdO/1 lGS PGn �r 't Arm' 1161 Has a previous application or appeal been filed on this property? Yes No ;X ate: - Identify any requirements of Section 17 -422, Kennedale City Code that cannot be met. Give +reason (s) why the requirement (s) cannot be met. Use back of this form if additional space is needed. I clare that the above is true and correct. Signature of Applicant Date FOR STAFF USE ONLY Indicate any potential injurious affect on the public health, safety, or welfare. Indicate if the uses, values or enjoyment of other property in the neighborhood would be impaired or diminished by the proposed use Will the proposed use: impede normal and orderly development? include adequate utilities, access roads, drainag and other necessary site improvements? provide ingress or egress so as to minimize traffic congestion in publ' streets? conform to all applicable area, yard, height, lot coverage, building size and exterior requirements and parkin space regulations of the district in which it is located? Comments Recommendation Approval Uisapprova ina Officia If disapproval give reason: Administrato APPLICATION FOR SPECIAL EXCEPTION If you are seeking a special exception to the zoning ordinance we need the following information to process the application: The permitted exceptions for seeking a Special Exception are uses not allowed in the district for which you are seeking the following; • Masonry requirements. • Signage. • Landscaping. 1. Is this a use not allow in the district you are seeking? (9 - or No 2. Is this a remodel of an existing structure? Yes or , o 3. Is this new construction? ( 9or No J ` 4. Please explain the reason and circumstances for the Special Exception requested. This request is for a gas well drilling and production permit within the City of Kennedale The special exception request is bein_g made as a requirement of the "Gas Drilling and Production" Ordinance. Name 9 (T Z.� o rces� Inc. Date: Phone # (%) ) 866 Ce41 j 4#- Y)'7 -,7,3 q -s-(v MAY.31.2014 1:13PM FWT INC. iN "" CITY OF KENNEDALE BOARD OF ADJUSTMENT OWNER AFFIDAVIT Case #BOA 68 -0�{ Property Address: S ?5C7 l f/ 2 1�� A ed q !e, ?X 7 G0& o Legal Description, B) 1. . Lof I � � �l ll7r C , i `t- .' a A Applicant; 6 Type of BOA request: FWT', Trt�. 1, T7FrCd Moore. { C current owner of above mentioned property. authorize the applicant or his authorized representative to make application for the Kennedale Board of Adjustment to consider granting the above reference request on my behalf and to appear before the Roard. Owner Signature: f Date: / 30I is l SMRN TO and $ubsr ribed before me by ff-ET�, "Ob ON THIS DAY OF JA A , 20 ,E Notary Public, Tarrant Cbtffity, Texas PAT4101A OROPEZA Notary Pub k, Stns of Tom.. x W CommieNon Eoms 1W 29.209 f 107 LETTER OF AUTHORIZATION To the City of Kennedale, Texas Authority is hereby granted to Jacobs Carter & Burgess, Inc (Name) 777 Main St. Fort Worth TX 76102 817 - 735 -7153 (Address) (City, State, Zip) (Telephone) to file applications and permits on my /our behalf for operations within the city limits of Kennedale. The undersigned is the acting agent for EOG Resources, Inc. The Authorization will remain in force unti MI ked written notice. C.C. Parsons, Vice President and General Manager Address: 420 Throckmorton Suite 1200 t Fort Worth, Texas 76102 Telephone: 817- 339 -9380 Date: f il City of Kennedale Oil and Gas Well Drilling Permit A pplication PERMIT LEASE INFORMATION: DATE: .5/r° /,). LEASE NAME: tYtodr Lkn'+ SUB - DIVISION NAME: FVJ f . Inc. ✓'P o�d�r tJ� _ LEGAL DESCRIPTION: Lo 1 7 ?-[ A R I �� ACRES: S 3,g - 73 CURRENT ZONING: ►� d S�rE'a E F , AGENT TO RECEIVE; NOTICE (tf;d tterent than operator: SURFACE OWNER UNDER PAD SITES: ��r��r� �� w ore, �ED ADDRESS (no P.O. Boxes): 5� 5 0 CITY: Ke-A NeA cx 1 STATE: TX ZIP: 0 (0 Q OFFICE PHONE ( 0 ) 25 `.30LQ MOBILE ( ) , EMAIL cd s, c WELL INFORMATION: / WELL NAME: 1 V I D D r �- 14 �� PAD SITE WELL NUMBER _a WELL API: 42- Gh - 3 3/ 5, RRC PERMIT NUMBER: / 3� ABSTRACT: / 3 2 SURVEY: � , C A�Jce8 4 1 X- COORDINATE: Y- COORDINATE: :3 b3 V�� Kennedale - Oil and GastWeU Dnlhng Perm -- Operator does be,reby`expressly release and discharge ]I claims, n demands, actions, 'judgments, and executions which it ever had, or now has or may hare; or assigns may have, or claim to have, a,ga..i' the City of Kennedale and /or its gn departments, its- agents; officers, servants, successors, assis, sponsors, volunteers, or employees, created by, or arising out of personal' injuries, known or unknown, and ini unes to�`property, real,�or personal, or in any way incidental to or in connection with the performance of the work performed by the operator under an Oil and Gas Well Permit and the operator caused by or arising out of that sequence of events uvhich occur from the operator under the Oil and Gas Well Permit and work perforiiied by operator shall fully defend, protect, indemnify, and hold harmless the City of Kennedale, Texas, and /or its departinents;,,gents, officers, servants, employees, successors, assigns, sponsors, or volunteers from and against each and every claim, demand or; cause of action and any and all liability, damages, obligations, judgments, fosses, fines; penalties, costs, fees, and expenses incurred in the defense Of 'the City of Kennedale, Texas, and /or its'!: departments;' agents, officers, servants or employees; including, without limitation;! personal injuries and death in connection � which- - may' - - asserted by the Operator, its agents; assigns, or any third parties on account of, ansfng out of, or in anyway incidental: to or in connection with the performance of the work performed 6y theOperator under an Oil and' Gas Well Permit, and the Operator agrees to indemnify and hold harm ess•the City of Kennedale, Texas, and /,or its departments, and /or its officers, agents, servants, employees, successors; assigns, sponsors, or volunteers from any liabilities or _damages suffered as a result of claims, demands, costs, or judgments agauist the City and /or, its departments, its officers,';agents, servants, or employees, created by, or arising out ofthe acts or omissions off City or Kennedale, occurring.on the drill site or operation site in the course and scope of inspecting and permitting the:gas wells INCLUDING, BUT NOT LIMITED TO, CLAIMS AND DAMAGES ARISING INj -WHOLE OR IN^ PART FROM THE SgLE NEGLIGENCE OF THE CITY OF KENNEDALE OCCURRING ON THE'DRILL SITE'OR OPERATION SITE IN -THE COURSE AND SCOPE OF, INSPECTING AND PERMITTING, THE OIL -AND GAS WELLS. IT IS. AND AGREED THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION. IS AN INDEMNITY EXTEISDED BY THE OPERATOR TO INDEMNIFY AND PROTECT THE , CITY OF ;'KENNEDALE, ''TEXAS,` ANDIOR ITS DE AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES` -THE CONSEQUENCES -fO.F THE- iNEGLIGENCE, OF_THE_CITY OF KENNEDALE, TEXAS AND /OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES, WHETHER THAT NEGLIGENCE IS THE SOLE OR CONTRIBUTING CAUSE OF THE RESULTANT INJURY, DEATH, AND /OR DAMAGE. LIABILITY FOR THE SOLE NEGLIGENCE OF THE CITY IN THE COURSE AND SCOPE OF ITS DUTY TO INSPECT AND PERMIT THE GAS WELL IS LIMITED TO THE MAXIMUM AMOUNT OF RECOVERY UNDER THE TORT CLAIMS ACT. f. ACKNOWLEDGEMENTS: I certify that the above information is correct and complete and that I am now or will be fully prepared to present the above proposal to the permit authority and have obtained a Special Exception and will comply with all stipulations set forth by the City of Kennedale Board of Adjustments and Appeals. I further certify that I have read, understand and will comply with the information contained in the Gas Drilling and Production Chapter of the Code of the City of Kennedale. The terms and provisions of the "Gas Drilling and Production" Chapter of the Code of the City of Kennedale, as amended, are incorporated into this Gas Drilling and Production Permit as if written word herein and shall be considered terms and conditions of the Permit applied for. Operator: Signature: Date: Me- Printed: BEFORE ME, Aie undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared (owner or agent name), known to me to be the person whose name is subscribed to the foregoing instrument, and acktlowJedged to me that he /she executed same for the purposes and ; consideration therein expressed as the act and deed of �Cf (>esa�ty -ts,c ,and in the capacity thereinstated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the: ;day of �1G� �_ 20 . ;'; _ ;;: '= os \1lHVIF1�uA►tlt /X!� >. - s r. TEXAS COORDINATE SYSTEM NORTH CENTRAL ZONE - NAD27 SURFACE LOCATION LAT = 32 ° 39'59.15" N LONG = 97 ° 14'16,97" W X = 2080610' Y = 363815' PENETRATION POINT LAT = 32 ° 39'59.54" N LONG = 97 ° 14'07.06" W X = 2081397' Y = 363657' BOTTOM LOCATION (TERMINUS) LAT = 32 °39'53.83" N LONG = 97 ° 13'56.98" W X = 2082320' Y = 363282' 5HSL ELEV.= 599.4' SUMMARY OF AREA (Acres) 5H (SHL) 4032' FWL & 2303' FSL OF D. STRICKLAND SURVEY, A -1376 506' FWL & 59' FNL OF LEASE 5H (PP) 335' FNL & 795' FEL OF LEASE 5H (TERMINUS) 5742' FWL & 1743' FSL OF D. STRICKLAND SURVEY , A -1376 336' FSL & B14' FEL OF LEASE N ° c� TV E S 0 500 1000 GRAPHIC SCALE IN FEET I . FWT, INC. 55.06 2. HASKIN, WALLACE & MASON PROPERTY MANAGEMENT, L.L.P. 6.00 3. JOHNNIE B. THOMPSON AND WIFE, JOY THOMPSON 2.84 4. REBAR SERVICE AND SUPPLY COMPANY 17.16 5. T. W. MOORE 24.62 TOTAL AREA (Acres) 105.68 DRIVING DIRECTIONS FROl'i MANSFIELD HWY, NORTH ON WRAY CREST RD. EAST ON S.E. LOOP 820 ENTRANCE ON THE RIGHT. U sjgP 176 O O� 660' S.. H PP: 795' 9D32' 8c. \ SHC...... . t ............. I.........' : ....................... .................. L i �oto'.� � ., B •. I 1 PP �� ite 159t. its 1 , N � 3H PP I W 1......... u .... 5742r So. ......... O 2H PP .... ..............._ .......... ..... TODD A. BRIDGES ................. ............................... 4940 0. °o SS suR�� I HEREBY CERTIFY TH14 THIS PLAT CORRECTLY SHOWS THE SUBJECT SURFACE LOCATION AS STAKED ON THE GROU14D ��' � GRAIIAV L6IRTOADE CDRP. , — D20TAl]899 I O H THL 414' 411 THL s ^s I p,STRP S�# 1376 AN J /% I G M RD. // < \\ v°i p s , \ (D 3H THL \ I THL C I /� 2H THL O \\ N L � J fa OLO[R I 201 A DILMAN ADD•N. LOi 0 B4RT LYNCH WELLHEAD DETAIL I 2H 3H 4H SH SL SL SL SL SL 1 15 , 1 15 - 1 15 , 1 15 , BROtN P0. 553 APRIL 7, 2008 APPROX. SURVEY LINE LEGEND >- The location shown hereon was staked from u tract lines as evidenced by occupation O Proposed We II (SL> o Distances shown are not intended to be O Proposed Penetration Point (PP) m definitive in establishing title boundaries. The acreage shown hereon were provided O Proposed Bottom Location (BL) ^' by others. Bearings are based on NAD 27 SC. Scaled Distance 9 State plane coordinates. L WELL LOCATION PLAT o FOR THE EXCLUSIVE USE OF EOG RESOURCES, INC. EOG RESOURCES, INC. - MOORE UNIT 5H D. STRICKLAND SURVEY ABSTRACT NO. 1376 � `JA,COBS TARRANT COUNTY, TEXAS Carte Burgess FT. NO. [tU ?GPSS, JOB # 015600.001.001.0448 DATE: 03.13.2008 DRAWN: P. Rivera CHECKED: T.A.B. O ', FILE 1, \JOB \015600001 \SUR \5600_5H.dgn 04 -07 -OB r g Orill Path 0 ATEt 09- Apr -08 16.07 BORE PATH "A" N86 °58' E 788' "B" S58 °04'E 1087' I. H. 20 ---- - - - - -- --- - - - - -- --------------------------------- l 01 ?; pp �44 ga e � o o w 9f 6a ° p a O a i CD con w _. y _ -_..__ L_______ __ _____ 7 _ ___ ____ ___ ---------------- __ ___.- _________— �/ , � W K 0 12 2307 u go �! z ` J 3 LU 0 U � g Q o x \ owO Dov " a , 09 o M "moo M �0 �O m i I 9 a W N Y uJ� I z , , � 0 LU w \ O V — -- - - - - - - - - - - - - - - - - - — - - - - - - - - - - - - - - - \� f - - - - - - - - - ---------- --- -- --- -- -- ------ ---- ------ -- --- --- --- ------ -- ...— _�. _._ - _._5', - - Be•� _,Fi 'slq- --_='� :, X �e u m con o � NW v°i m P y, tLv / w U z e,/ u � N o P / 1 L U I ` ' o F � Q C ' > H PZ' co co w Lo co � � 4 �\ d LID O \ W V �u< \ mob r� w On \ \ \\ \ z U 1 AM 0 I r� "q,, r; w U Z W W Y z J z Q S U 30N33 Mil N I VHO 9 J 0 J Q W W W C� z W CL O — J J CL O Q J O Q ti M Y W W � w Y C- U �a I C.� O 2 F s:nOH O J t0 Cr LL L.� o ill W a �? LOGGING n TRAILER 0 ° O n p F J w w N dwd w u' w z W w o � dwd W Q D � to ❑ ❑ ♦IAI I AI I N11'1 0 w U U a J t0 Cr LL L.� o ill W a �? z 0 O n p F N 99 w N J w o J W Q = N � z U O F- U N z O U W d O - I- 0_ V) ♦IAI I AI I N11'1 0 w U U a w � U z LL z_ L J f z N ~ Q Z = J J 0 o ill a �? 0 n p 99 w � U z LL z_ L J f z N ~ Q Z = J J 0 Jun 26 2008 1:22PM FWT, Inc. (817) 255 -3051 P - DISTANCE WAIVER State: Texas County: Tarrant Property Owner: Operator: EOG Resources, Inc. 420 Throckmorton, Suite 1200 Fort Worth, TX 76102 Effective Date: C c, a wag . 2'S acres of land, more or less, known as and being described as Lot IX I A Bloc :riJ L _Addition, City of Kennedale, Tarrant County, Texas, hereinafter referred to as ("the Property"). The Undersigned herby waives any objection to the City of Kennedale Ordinances restricting a drill site closer than Six Hundred feet (600') of any residential structure or public building, institution, school, or commercial building; provided, however, that drilling shall be permitted as close as three hundred (300) feet if all affected property owners agree in writing. Further the undersigned hereby consents to Operator's drilling a well on any lands at any location in the vicinity of the Property as long as such drill site is situated at least three hundred feet (300') from any residential structure or public building, institution, school,' or commercial building as required by the City's Ordinances and /or regulations. This Waiver is signed by the Property Owner as of the date of the acknowledgment of the Property Owner's signature below, but is effective for all purposes as of the Effective Date stated above. This agreement shall be binding upon the Property Owner and the Operator and their respective heirs, successors and assigns. Property Owner(s) p Name: " NCO Name: T. �. tYl�gCi Title: Oeo Title: C ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF 1�3rz2>a § BEFORE ME, the undersigned authority, on this day personally appeared tQ &6 mooj? known to me to be the personts whose name /s aretis subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2L? day of aLt N E 2008. Notary Public in and for the Ota of Texas .•�, PA[MCMono u►� 1'T72�t�� QI2D z>g P+e�- secs of!was j< M ,r:X1W" (Print Name of Notary Public here) 'yyI Duty z4, 2004 My Commission Expires: J zq, Z W`� `t It, DISTANCE WAIVER State: Texas County: Tarrant Property Owner: National Retail Properties, LP Operator: EOG Resources, Inc. 420 Throckmorton, Suite 1200 Fort Worth, TX 76102 Effective Date: June 25, 2008 0.698 acres of land, more or less, known as and being described as Tract Lot 1, Broyles Addition, City of Kennedale, Tarrant County, Texas plus that certain 0.139 acre tract of land, out of the David Strickland Survey, Abstract Number 1376 situated in the City of Kennedale, Tarrant County, Texas, hereinafter collectively referred to as the "Property ". For good and valuable consideration, the receipt of which Undersigned acknowledges, the Undersigned hereby waives any objection to the City of Kennedale Ordinances restricting a drill site closer than Six Hundred feet (600') of any residential structure or public building, institution, school, or commercial building; provided, however, that drilling shall be permitted as close as three hundred (300) feet if all affected property owners agree in writing. Further the undersigned hereby consents to Operator's drilling a well on any lands at any location in the vicinity of the Property as long as such drill site is situated at least three hundred feet (300') from any residential structure or public building, institution, school, or commercial building as required by the City's Ordinances and /or regulations. Notwithstanding anything in the foregoing to the contrary, Property Owner has not agreed to allow Operator any access to the Property, nor has Property Owner agreed that any drill site, equipment, structures, facilities, or other items may be placed on the Property, and none of the foregoing shall be permitted. This Waiver is signed by the Property Owner as of the date of the acknowledgment of the Property Owner's signature below, but is effective for all purposes as of the Effective Date stated above. This agreement shall be binding upon the Property Owner and the Operator and their respective heirs, successors and assigns. Property Owner(s) National Retail Properties, LP, a Delaware limited partnership By: NNN GP Corp., a Delaware corporation, as general partner By: Name: Ba er Title: Executi ic e ACKNOWLEDGMENT STATE OF FLORIDA § COUNTY OF ORANGE 4A` This instrument was acknowledged before me on this day of June, 2008 by Paul E. Bayer as Executive vice Pre sident of NNN GP Corp., as general partner of National Retail Properties, LP on behalf of said corporation. `t Notary Public Debra L. Oabrowski A I L D ;iFiCNNSKI !,4y Co�,M1fvM115'!ON # GD 613349 - EXPINEs Nova _ i `' 6andctl Ti:N NetAt'�(d�llc und. x0ters Notary Public Debra L. Oabrowski DISTANCE WAITER State: Texas County: Tarrant Property Owner: Majestic Liquor Stores, Inc. Operator: EOG Resources, Inc. 420 Throekmorton. Suite 1200 Fort Worth. TX 76102 Effective Date: June 5. 2008 0.698 acres of land, more or less, klown as and being described as Tract Lot 1, Broyles Addition. City of Kennedale. Tarrant County. Texas, hereinafter referred to as (''the Property "). The Undersigned herby waives any objection to the City of Kennedale Ordinances restricting a drill site closer than Six Hundred feet (600') of any residential structure or public building, institution, school, or commercial building. provided. however, that drilling shall be permitted as close as three hundred (300) feet if all affected property owners agree in writing Further the undersigned hereby consents to Operator's drilling a well on any lands at any location in the vicinity of the Property as long as such drill site is situated at least three hundred feet (300) from any residential structure or public building, institution, school, or commercial building as required by the City's Ordinances and /or regulations. This Waiver is signed by the Property Owner as of the date of the acknowledgment of the Property Owner's signature below. but is effective for all purposes as of the Effective Date stated above. This agreement shall be binding upon the Property Owner and the Operator and their respective heirs, successors and assigns. Property Owner(s) Majestic Liquor Stores. Inc. B : John Bratton Its: Vice President ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF COLLIN This instrument was acknowledged before me on this day of June, 2008 by John Button as Vice President of Majestic Liquor Stores, Inc. on behalf of said corporation. JAY ARCH UAILOU public, State of Texas My Commission Expires July 29, 2009 r Notary Public F ai DISTANCE WAIVER State: Texas County: "Tarrant Property Owner: Majestic Texas Properties, L. P. Operator:. EOG Resources, Inc. 420 Throckmorton, Suite 1200 Fort Worth, TX 76102 Effective Date: June 5. 2008 0.139 acres of land, more or less, known as and being described as Tract 32D, David Strickland Survey A1376, City of Kennedale, Tarrant County, Texas. hereinafter referred to as ( "the Property'). The Undersigned herby waives any objection to the City of Kennedale Ordinances restricting a drill site closer than Six Hundred feet (600') of any residential structure or public building, institution, school, or commercial building: provided, however, that drilling shall be permitted as close as three hundred (300) feet if all affected property owners agree in writing. Further the undersigned hereby consents to Operator's drilling a well on any lands at any location in the vicinity of the Property as long as such drill site is situated at least three hundred feet (300') from any residential structure or public building, institution, school, or commercial building as required by the City's Ordinances and /or regulations. This Waiver is signed by the Property Owner as of the date of the acknowledgment of the Property Owner's signature below, but is effective for all purposes as of the Effective Date stated above. This agreement shall be binding upon the Property Owner and the Operator and their respective heirs, successors and assigns. Property Owner(s) Majestic Texas Properties, L. P. John Bratton Its Managing Partner ACKNOWLEDGEMENT STATE OF TEXAS § § COUNTY OF COLLIN _§ This instrument was acknowledged before me on this day of June. 2008 by John Beatton as Vice President of Majestic Liquor Stores, Inc. on behalf of said corporation. JAY ARCH BALLOU Pdatary Public, State Of Tars Commission Expires July 29, 2009 Notary Public F; EE ! LICENSE OR PERMIT BOND I Bond 6570044 LICENSE OR PERMIT BOND KNO\\ \1 I It)' I III Sl I'RI SI-N I S, I hat \tc. EOG Resources, Inc P O. Box 4362, Houston, TX 77210 - 4362 _ -- -- - xn ' as m( 1pa1 -111(1 th M col e SAF ECO INSURANCE COMPANY OF AERICA a WASHINGTON 1 ation, as Su1cl\, ale held and lirntly hound unto City of Kennedale - _- -_- 405 Municipal Drive, Kennedale, TX 76060 in t11c suui of One Hundred Fifty Thousand and 00 /100 - - - - - - - - - - - - - - - - - - ------- - - - - -- - -- --------------------- - - - - -- ----- - - - - -- - Dullals(1 150,000 l for t�hiih 111111, tell an<I truly to he paid. r hind oulscltes, our hells, c\ecutois, adnunist,Mors. successors ant) assi m, lorntl\ and r�crally. lirmly by ihesc presents. Siuncd and scalc(l (]its 1 day. of June ?nnR hI ll ('ONI)I LION OF I I IIS Ot31 I(iA I ION IS S1 (11, Thal WI II RFIAS, t11r I'rmripaI has heen or is about to he --rantctl a liceusc of pernni to (lu business as Oil & Gas Drilling by the ( )hhacc Moore Unit flH, 2H, 3H, H & Dwells, Tarrant County, TX NOW, I hercti,re, If' tile Principal ,well and ti 11\ conipl\ v1111 applicahlc local m(linancc,. anal conduct husincss m Coll li,u,ni\ iherct�ilh, then Iles ohlivillloll to be Im and elTect. I'ROV'l l )IL). I IO\VI-A I. 1 his bond shall continue in force: ® t ntil - J une 1 2009 , or until the tlalr ofcspimtion ofany ('onUnmuon ( cI(IIicatc e\ccuted by the Surety OR ❑ I hail canceled as herein provided. I his bond may be canceled by the Surety by the sending ol notice in ,writing to the Obliecc, stating ,when, not less than thirty (lays thcrealtcr, liability hereunder shall terminate as to subsequent acts or omissions of the I'ilncipal. t -_ S n :all 'u Yi EOG Resources, Inc. P.O. Box 4362, H ousto n , T;< 1 7210-436 1 1 -- - - -- - - -- Helen Y Lim, & Treasurer p co PO S AFE CO INSU RANCE COM PANY OF AMER ICA SEAL � -- - - - -- -- a sa 1953 l3 F Of WASM�'' -- - - Tannis Matt on \ torncy m -hart 6nlacu ^ nxi 'fit S,tiecn logo ire 1111 +funi,uk ,�f 5.tic�.t� t:uilx x,thon FRP ii POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: NO 5713 Ifern 1, -; ,. 1 c i,i inp,my of A.nenU It 'k I That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington norporatton dnes each hereby appoint ..... DoNA.L H R 611 MFUSSA HADDICK; JACQUELINE KIRK; 10E MARTINE7, IANNIS MATl SUN, TERRI MORRISON, SANDRA PARKER; Houston, Texas . ....................................................................................... ............................... its true and I;i �ful atlorney(s) -in -fact, with full authority to execute on its behalf fidelity and surely honds or undertakings and other documents of ,i sinvinr harac,ler issued in the course of its business and to hind the respective company therehy IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents Apri 2007 u,i� 17t1 _day of � STEPHANIE DALEY•WATSON SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE - PRESIDENT, SURETY CERTIFICATE Fxlracl from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V. Section 13 FIDELITY AND SURETY BONDS the President. any Vice President. the Secrelary and any Assistant Vice President appointed for that purpose by the officer in charge of surely operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surely bonds and other documents of similar character issued by the company in the course of its business. On any instrument making or evidencing such appointment the signatures may be affixed by facsimile On any Instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof. may he impressed or affixed or in any other manner reproduced, provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking " Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA arid of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28 1970 "On any certificate executed by the Secretary or an assistant secretary of the Company setting oul, ( The provisions of Article V. Section 13 of the By -Laws, arid (it) A copy of the power -of- attorney appointment, executed pursuant thereto. and (iii) Certifying that said power of-attorney appointment is in (till force and effect, the signature of the certifying officer may be by facsimile. and the seal of the Company may be a facsimile thereof " 1, Stephanie Daley- Walson . Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuanl thereto are true and correct, arid that both the By Laws the Resolution and the Power of Attorney are still in full force and effect IN WITNESS WHEREOF, i have hereunto set my hand and affixed the facsimile sea of said corporation this l6+ day of � CO 9I F�� C0/y PC � r E CORPORATE p SEAL � y SEAL a 1953 °+ �� 192' � WAS �� /aS�� STEPHANIE DALEY-WATSON, SECRETARY t, w;,ind the SM logo 0"' 1e141.01 'd It. uinn,.n4 : ,t ti.Vm Cot pridI,- WEB F'nF S- 0e7 vo', F� M s sv McGRIFF, SEIBELS & WHAA"S, INC. � „�i� .� 1i u .�R?r`:' . May 30, 2008 City of Kennedale 405 Municipal Drive Kennedale, TX 76060 Re: EOG Resources, Inc. City Ordinance- Section 17- 426.0i1 & Gas To Whom it May Concern: In connection with this letter, we have read Section 0) Insurance and Indemnification of the City Ordinance in connection with oil and gas permit request from EOG Resources, Inc. We have not read or reviewed the balance of the Ordinance, including without limitation any provision thereof which might relate to or influence the meaning of the language in Section 0). We can confirm that the insurance EOG Resources, Inc. purchase's is in compliance with the requirements outlined in Section 0) with the exception of 0) (2) a. 2. Environmental impairment which is insured on a Time Element basis. The applicable policy wording outlining coverage has been provided via Certificate of Insurance. Additionally, we can confirm the coverage provided on the Certificate of Insurance is in full force and effect with all premiums due paid in full. We express no view and assume no liability with respect to the solvency or future ability to pay of any of the insurance companies which have issued the policies. We assume no obligation to advise you of any developments regarding the policies subsequent to the date hereof. This letter is given on the condition that you waive any liability against us based upon the statements made herein with the exception only of gross negligence or fraud. This letter may not be republished by you or used for any other purpose without our prior written consent. Best regards, 4 Sho4rylinslett, CIC Assistant Vice President 2211 7th Avenue South / Birmingham, Alabama 35233 P.O. Box 10265 / Birmingham, Alabama 35202 -0265 TEL —(205) 252 -9871 PAX —(205) 581 -9293 www.mcgriff.com ACORD CERTIFICATE OF INSURANCE ISSUE RATE 05/3012008 PRODUCER MCGRIFF, SEIBELS & WILLIAMS, INC, This certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. This Certificate does not amend, extend or alter the coverage afforded by the policies below. P.Q. Box 10265 Birmingham, AL 35202 COMPANIES AFFORDING COVERAGE 205 - 252 -9871 Company Steadfast Insurance Company INSURED Company Lloyds & Certain Companies EOG Resources, Inc Company Liberty Mutual Insurance Co 1111 Bagby, Sky Lobby 2 Houston, TX 77002 Company Associated Electric & Gas Ins, Svcs. D Company E This any the Cp LT A is to certify that the policies of insurance described herein have been requirement, term or condition of contract or other document with respect policies described herein is subject to all the terms, conditions and exclusions TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY BOG 9305741 -05 N Commercial General Liability D Claims Made W Occurrence D Owners' and Contractors' Protection issued to the Insured named herein for the policy period indicated. Notwithstanding to which this certificate may be issued or may pertain, the insurance afforded by of such policies. Limits shown may have been reduced by paid claims. EFFECTIVE LIMITS OF LIABILITY EXPIRATION 05/0112008 EACH OCCURRENCE $ 1,000,000 05101/2009 FIRE DAMAGE $ 100,000 MEDICAL EXPENSE $ 5,000 PERS. AND ADVERTISING INJURY $ 1,000,000 C p GENERAL General Aggregate L(mit � a plies per: ® Policy D Project. IJLocation AUTOMOBILE LIABILITY 0 Any Automobile ❑Ai owned Automobiles AS1 641-004526-018 AGGREGATE $ 2,000,000 PRODUCTS AND COMP. OPER. AGG. $ 2,000,000 05/0112008 COMBINED SINGLE LIMIT $ _ t 500,000 0510112009 BODILY INJURY Per person) $' BODILY INJURY Per accident $' D scheduled Putomabites PROPERTY DAMAGE Per accident $.. E@ Hired Automobiles ® Non- avnedAutomobiles D COMPREHENSIVE COLLISION C D WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY EXCESS LIABILITY ❑ occurrence ®Claims Made WC1 -641- 004526 -048 X0768A1A08 AGGREGATE AS APPLICABLE 05/01/2008 05/01/2009 05/01 /2008 05/01/2009 WC Statutory Limit x Other EL EACH ACCIDENT $ 100,000 EL DISEASE Each employee) $ 100,000 EL DISEASE (Policy Limit EACH OCCURRENCE $ 500,000 $ 10,000,000 AGGREGATE 1 $ 10,000,000 B PROP PKG /CONTROL OF WELT. PE0801599 05/01/2008 05/01/2009 See Below for Limit $ $ $ Re: Control of Well Limit: $5,000,000 (100 %) per occurrence General and Excess Liability include Time Element Pollution. (See attached) Certificate Holder is named as Additional Insured with respect to all Liability coverage except Workers' Compensation as required by written contract subject to policy terms, conditions, and exclusions. Waiver of Subrogation applies as required by written contract subject to policy terms, conditions and exclusions. CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. Authorized Representative City of Kennedale 405 Municipal Drive Kennedale, TX 76060 Page 1 of 1 CertificaleloS SKJ83D15 ix TIME ELEMENT LIiWTED POLLTTTI=ON LIABILITY ENDORSEMENT FOR ENERGY AND /OR ENERGY RELATED OPERATIONS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULI—Y. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABI'LIT'Y CO'V'ERAGE PART Exclusion f. under paragraph 2., Exclusions of Section 1- Coverage A- Bodily Injury and Property Damage Liability is replaced by the following: f. Pollution 1. Any injury or damage which would not have occurred in whole or part but -for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants at any time. 2. Any loss, cost or expense arising out of any: a. Request, demand or order that. any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants; or b. Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or (2.) in any way to, or assessing the effects of pollutants. Pollutants means any solid, liquid, gaseous, or thermal irritant or contaminant including smoke, vapor, soot, fumes, acid, alkalis, chemicals and waste, Waste includes material to be recycled, reconditioned or reclaimed. Notwithstanding the .above, but subject to all other exclusions and to all other terms and conditions of the policy as amended by this endorsement, we will pay on behalf of the insured those sums that the insured shall become legally obligated to pay as damages because of a `.'pollution incident" that results in "bodily injury" or "property "damage' >, PROVIDED ALWAYS THAT: (1...) The "pollution incident" must: (a.) be neither expected nor intended from the standpoint of an insured; (b.) have first commenced during the . "policy period'; (e.) be discovered by the "insured" within seventy -two (72) hours of commencement; and (d.) be reported to the Company, in writing, within thirty (30) days from the date of commencement. We . have the right and duty to defend "suits" for damages in excess of the deductible or the self- insured retention stated in the Declarations arising out of "pollution incidents" only if the above conditions are met. I f we have a factual disagreement about these conditions, the burden of proof rests with you at your expense, We, 'will have no obligation to defend any "suit" until w e have accepted your proof, and; Provided that the conditions (I.) above are met; `any "claim" arising out of "bodily injury" or "property damage" on account of a "pollution incident" must be made upon the insured and reported to us in writing. as soon as practicable, and in no event no later than three (3) years after the policy has ended. WE WILL ONLY PAY FOR DAMAGES ARISING - OUT OF ".CLAIMS" FOR "BODILY INJURY" OR "PROPERTY DAMAGE" THAT ARE MADE AND REPORTED WITHIN TMS PERIOD. 2. 'Under SECTION X. COVERAGES, the following are added to Part 2. Exclusion of Coverage A.: a. `Bodily injury" or "property damage" arising from the actual, alleged or threatened exposure of person(s) or property to any radioactive matter, except where specifically endorsed onto the policy. b. "Bodily injury" or `property damage" arising from "pollutants" transported via automobile, aircraft, watercraft or rolling stock beyond the boundaries of the "Job Site" or "Premises." BOG 24 01 1001 Page 1 of 3 c. `Bodily injury" or "property damage" arising g. "Pollution incident" arising out of a "well out of . from. operations performed at sites which any control." governmental agency has proposed for or has included on the Environmental Protection b. `Bodily injury" or "property damage" arising Agency's National Priorities List, any similar out of a "pollution incident" which occurs at or federal, state or local list or registry, or any emanates from a "waste disposal site." other governmental list of locations or facilities containing or exhibiting "Pollutants." i. "Bodily. injury" or "property damage" arising .out of a "pollution incident" in relationship to d. "Clean Up costs." However, this exclusion any "underground storage tank." shall not apply to "clean up costs" which meet 0 of the following conditions: Claims for or arising from fines, assessment, or penalties. The "clean up costs" must be; k. "Bodily injury" or "property damage" arising i.. directly related to a "pollution incident" out of a: "pollution incident" which originates at which is not otherwise excluded from and/or emanates from any location which is not coverage by the terms, conditions and a "job site project" or "premises" however, this exclusions of this policy, as amended by exclusion does not apply to "your product." this endorsement. 1. "Bodily injury" or "property damage" arising ii. reasonable in c ost and necessary in s cope, from any solid, liquid, thermal or gas irritant or and, contaminantt, including smoke, vapors, fumes, acids, alkalis, chemicals or waste which was not iii. incurred directly by the :insured to prevent, considered an irritant or contaminant at the time curtail or mitigate the imminent and of the inception of this .policy, and which substantial danger of immediate "bodily subsequently is deemed to be a poliutaut by a injury" or "property darnage" which is not government entity during the term of this otherwise excluded froze coverage by the policy. terms, .conditions and exclusions of this policy, as amended by this endorsement, m. `Bodily injury" or "property darnage ". including - regardless of whether a n insured has yet any and all clean up costs, arising from, based ' received a "claim" in relation to the upon or resulting from environmental violations "pollution incident'. discovered or found in the course of environmental a udit(s), whether said audit was e. "Pollution incidents" based upon or attributable made voluntarily or not, when said audit is to the insured's willful, deliberate or intentional based upon• federal, state or local law, rules, noncompliance with any statute, regulation, regulations, orders or notices. ordinance, administrative complaint, notice, of violation, notice_ of letter, executive order or n. `Bodily injury" or "property damage" arising instruction of any governmental agency or from or resulting from any activities of the body. insured which constitute a criminal offense under any federal, state or local law. L `Bodily injury" or "property damage" arising out of the ownership or operation of any 3. The following are added to SECTION V. . "offshore facility" as defined in the Outer DEFINITIONS: Continental Shelf Lands Act Amendments of 1978 or Clean Water Act of 1977 as amended a. "Claim" means a written demand upon the 1978, or any "deepwater port" as defined in the insured seeking "damages" because of "bodily Deepwater Port Act of 1974 as amended, nor injury" or "property damage." shall there be coverage from any liability from the actual, alleged or threatened discharge, h. "Clean Up costs" as a form of "property dispersal, release or escape of oil, gas or damage" for the purposes of this endorsement, into or upon the navigable mean any costs or expenses relating to the petroleum products waters of the United States of America,' or testing for, monitoring, cleaning up, removing, adjoining shorelines, as 'defined by the Oil containing, treating, detoxifying or neutralizing Pollution Control Act of 1990. of, or any response associated with, or any site assessment of the effects of "pollutants." This does not include any measures to prevent the BOG 24 01 1001 Page 2 of 3 Tel escape of pollutants, but does include measures reasonable and necessary to prevent the further 'migration or dispersal of pollutants into the environment arising o ut o f a specific o n -going "Pollution ineident' c. "Job site project" means all work done by you or on your. behalf, away from "premises," to complete an individual bid or negotiated contract to provide services for a specified period of time. Multiple jobs, tasks, or work orders under one contract are not separate "job site projects" within the meaning of this insurance. d. "Polltition incident" means a discharge, dispersal, release or escape of `pollutants" -into or upon land, the atmosphere, or any water course or body of water, that arises from "insured operations." All interrelated, repeated, or continuous episodes of, and all "bodily injury" and. "property damage" resulting from a "Potential incident" shall be deemed to be a single " pollntion incident" sustained at the specific time and date when the "pollution incident" occurred. e. "Pollutants" means any solid, liquid, thermal or gaseous • irritant or contaminant, including smoke, vapors, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. f. `Tremises" means any location owned, rented or °occupied by you involving the same ' or connecting lots, or whose connection is _ interrupted only by a street, roadway, waterway, or right -of -way of a railroad. g. ".Property damage" as defined in Section V, 17a for the purposes of this endorsement includes "clean up costs." h. "Rolling Stock" means railroad cars. "well out of control" means an uncontrolled and continuous flow of gas, oil or other substances from an oil or gas well. L °CQE AsJft.c i pocal s ite"• means a site or any part of a site which is or was. used £or treatment, storage, disposal or processing of waste. 4. Under Section III — LVAIT OF INSURANCE, item 5 is deleted in its entirety and replaced by the following: 5. Subject to 2 or 3 above, whichever applies, the Each Occurrence/Pollution Incident Limit is the most we will pay for the following: a, Damages under Coverage A, and medical expenses under Coverage C because all "bodily injury" and "property damage" arising out of any one of "occurrence ", ox; b. Damages under Coverage A, medical expenses under Coverage C, and "clean up costs" because of all "bodily injury" and "property damage" arising out of and directly related to any one "pollution incident." 5. -- Under Item 4 -of the Declarations, Limits of Insurance, the phrase "Each Occurrence Limit" is amended to read: "Each Occurrence/Pollution Incident Limit." 6'. Under SECTION IV — COMMERCIAL GENERAL LIABILITY. CONDITIONS, the following is added to 2(a): You must see to .it that any "pollution incident" is reported to us within thirty (30) days of commencement and that any "claim" is reported as soon as possible. In no event shall coverage apply if notice of a claim be made later than three (3) years after the policy has expired. Send notice of "pollution incident" and notice of "claim" to: Steadfast Insurance Company Director of Environmental Claims 1400 American Lane Schaumberg, IL 60196 Phone No.: (847) 605 -6064 Fax No.: (847) 605 -7811 7. Under Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is j. "Underground storage tank" shall mean any added to 4. (b) after (3.) Other Insurance: tank, vessel or storage facility, including associated piping and equipment connected to (4) That is applicable insurance available to you for such tank, vessel or storage facility, which has claims covered under the terms and conditions at least te�i iercent of its. vol pzne below ground. of this endorsement, whether collectible or not. t el ?; All other ter,rri� ns; c ndit pro4spTrwA exe usions remain unchanged. Signature of Alithorized Representative BOG 24 01 1001 Page 3 of 3 GENERAL CHANGE ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The Time Element Limited Pollution Liability Endorsement is amended per the following: �) Item! (1)(Q is amended to read seven (7) days in lieu of seventy -two (72) hours (2) Exclusion 2.a, is amended to read as fol erty to any radioactive matte d am a ge" but ex lus on shall not apply alleged or threatened exposure of persons) p P �Y, ^ to tools usual.to the'insured's seismic, exploration, developmeot or productian operrations, nor to any. naturally occurring iraclioactiVe in�rials released as'a result of the'insured's usual seismic, e4loration, dcsvelopment'or production operations. t3) Exclusioni 2$. shall not apply as respects to the operation by the Insured of salt water disposal wells for the purpose of the disposal of s`a1t water only. All other terms, con i ' ns, provisions d sions reutaln unchanged Signature of Authorized Representative Page 1 of 1 BOG 01031001 AEGIS ASSOCIATED ELECTRIC & GAS INSURANCE SERVICES LIMITED Endorsement No. 14 Effective Date of Endorsement May 1, 2008 Attached to and forming part of POLICY No. X0768A1 A08 NAMED INSURED EOG Resources, Inc. It is understood and agreed that this POLICY is hereby amended as indicated. All other terms and conditions of this POLICY remain unchanged. TIME ELEMENT REPORTING /POLLUTION ENDORSEMENT This Endorsement shall apply to the following operations of the INSURED: All Operations I. Exclus #nn (F) of this POLICY is hereby deleted in its entirety and is replaced with the following: (F) for BODILY INJURY, PROPERTY DAMAGE or PERSONAL INJURY based upon, arising out of or attributable to any actual, alleged or threatened, discharge, dispersal, release or escape of any POLLUTANTS, or "Acidic Deposition ", into or upon any person, thing or place, including the land, the atmosphere, any -man-made thing or structure and any above or below ground water, watercourse or body of water, whether or not such discharge, dispersal, release or escape of POLLUTANTS, or "Acidic Deposition ", is cumulative, gradual, sudden or accidental. - #I. Exclusion (F) in Section I., above, shall not apply to BODILY INJURY, PROPERTY. DAMAGE or PERSONAL INJURY based upon, arising out of or attributable to the actual discharge, dispersal, release or escape of *(a) any POLLUTANTS if such discharge, dispersal, release or escape occurs prior to the "Disposal" of_such POLLUTANTS of (b� saltwater in connection with the_INSUAEUS injection of saltwater_ at a saltwater injection site, whether during or. after such injection; provided, however, that any such discharge, dispersal, release or escape must: be sudden and accidental and neither expected nor. intended from the standpoint of the INSURED. (For purposes of this clause (1 }, both the discharge, dispersal,:release or escape and any resulting damage must be neither expected nor intended from the standpoint of the INSURED); and commence on a date certain during the COVERAGE PERIOD, proven by the INSURED; and become known to the INSURED within thirty (30) calendar days of such commencement; and be reported in writing to the COMPANY within ninety (90) calendar days of such commencement; provided further that the INSURED has taken reasonable measures to terminate such discharge, dispersal, release or escape or to mitigate. injury or damage from such discharge, dispersal, release or escape, as soon as. conditions permit the INSURED to such measures. III. Except with respect to CLAIMS involving (a) the INSURED'S oil or gas leasehold interests or the INSURED'S pipeline rights of way or easements on third -party property or (b) the INSURED'S injection of saltwater 'at a saltwater injection .site, Section fl., above, shall. not be construed to provide coverage for ULTIMATE NET LOSS with respect to any CLAIM(S) for any discharge, dispersal, release or escape into or upon, or resulting in any PROPERTY DAMAGE to: (1) property owned by the INSURED; f , (2) property leased by or rented to the INSURED for a period (including any extensions or renewals) of more than one hundred eighty (180) days; (3) the INSURED'S PRODUCTS arising out of such products or any part of such products; or (4) work performed by or on behalf of the INSURED arising out of such work or any portion 4 An Aft 8200 (10/2000) Page 1 of 3 A AEGIS TIME ELEMENT REPORTING /POLLUTION ENDORSEMENT thereof, or out of materials, parts or equipment furnished in connection therewith. As respect to COMPLETED OPERATIONS LIABILITY, this exclusion _(4) does not apply if the damaged work or the work out of which the damage arises was performed on behalf of the INSURED by a subcontractor. (5) "Gas and. oil" in the care custody or control of the INSURED. As used in this Endorsement, "gas and oil" shall mean produced, refined or synthetic hydrocarbon based gases or liquids used as a fuel or as a feedstock including but not limited to natural gas, liquid petroleum gas, ethane /propane, crude oils, gasolines, fuel oils and liquid hydrocarbon streams. IV. Section ll., above, shall not be construed to provide coverage for ULTIMATE NET LOSS with respect to any CLAIM(S) based upon, arising out of or in connection with, or attributable to any of the following: 1. Any actual, alleged or threatened discharge, dispersal, release or escape of any POLLUTANTS subsequent to the "Disposal" of such POLLUTANTS, except with respect to the INSURED'S injection of saltwater at a saltwater injection site. 2. The clean -up, removal, containment, treatment, detoxification, or neutralization of POLLUTANTS on property owned, occupied, rented or principally used by, or in the care, custody or control of, the INSURED or by others on the INSURED'S behalf, except with respect to CLAIMS involving the INSURED'S oil or gas leasehold interests. or the INSURED'S pipeline rights of way or easements on third -party property: 3. Acidic" beposition. , V. The coverage provided under Section ii., above, shall include costs incurred by the INSURED to terminate or mitigate damage to third -party property; provided, however, that•such coverage shall only apply where it can be shown that there was actual harm to third -party property or a clear and immediate threat of further damage necessitated the mitigation of loss. VI. Coverage provided under this Endorsement shall be excess of the UNDERLYING LIMITS stated in Item 6 of the Declarations and shall be limited by and included in the applicable Limits of Liability stated in Item 5 of Declarations. Vli. Solely for the purposes of this Endorsement, the following term.shall have the following meaning: "Acidic Deposition" as used in this Endorsement means the deposition from the air of any acidic substance(s) or any substance that results in the formation of any acidic substance(s) after deposition from the air, whether such substance(s) is wet or dry or a mixture thereof, whether or not the substance has been chemically transformed in the air, and without regard to the size of the substance(s) or the distance from its source. "Disposal" - as used in this Endorsement means the completion of any physical transfer of POLLUTANTS or of • any • substance, material- or equipment containing POLLUTANTS for the purpose of disposal, dumping, burying, "Storage ", incineration or treatment to remove, detoxify or neutralize the hazardous properties thereof whether or not such physical transfer has been made -to or.from a place on or off premises owned, occupied, rented or corftrolleet by. an INSURED. 8200 (10/2000) Page 2 of 3 dft Z ° AEGIS TIME ELEMENT REPORTING/POLLUTiON ENDORSEMENT "Storage" as used in this Endorsement means the permanent holding or temporary holding for a period of twelve (12) months or more, either above or below ground, of POLLUTANTS or of any substance, material or equipment containing POLLUTANTS; however, the term 'Storage" shall not mean the holding of fuels or materials in the ordinary course of the INSURED'S business. Signature of Authorized Representative 8200 (10/2000) Page 3 of 3 MASTER ROAD REPAIR AGREEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § This Road Repair Agreement, ( "Agreement "), is made and entered into on this the 3rd day of June, 2008 by and between the City of Kennedale, Texas ( "City "), a Texas home rule municipality, and EOG RESOURCES, INC, ( "OPERATOR "), for the repair of certain streets and /or roadways maintained by the City of Kennedale, Texas as more fully described herein. WHEREAS, OPERATOR is in the business of drilling gas wells and, in connection therewith, shall be engaged in gas well drilling and production activities within the City and will use a truck route or truck routes on roadways maintained by the City of Kennedale; and WHEREAS, use of the roadways by OPERATOR for the purpose of performing the activities described hereinabove is likely to cause damage to the roadways; and WHEREAS, the City of Kennedale and OPERATOR, for the mutual consideration hereinafter stated, desire to enter into an Agreement for OPERATOR to temporarily repair said roadways for the duration of the term of this Agreement in consideration of OPERATOR's use of said roadways for the purpose of the activities described hereinabove. f: NOW, THEREFORE, IT IS AGREED THAT: ARTICLE 1. REPAIR OBLIGATION 1. OPERATOR agrees to repair damages, excluding ordinary wear and tear, on truck routes as identified on the approved Special Exception order and associated site plan submitted by OPERATOR, its contractors, subcontractors, employees, agents or representatives in connection with gas well activities authorized by an approved Gas Well Permit. This obligation shall continue during the term of this Agreement and shall include any site plans, Gas Well Permits, or other associated matters approved after the date of this Agreement. Prior to the termination of this Agreement, OPERATOR shall pay for the repair of the damages to the roadways to restore them to the condition in which they existed, excluding ordinary wear and tear, on the date of execution of this Agreement. OPERATOR shall make a videotape of the roadways within one (1) mile of the drill site prior to the start of OPERATOR's drilling and operation of its gas wells. OPERATOR shall provide a copy of the videotape to the City's Department of Public Works. OPERATOR shall notify the City's Department of Public Works when gas well drilling, fracing or reworking operations are complete so that the City's Department of Public Works can determine if repairs are required. Upon inspection, City's Department of Public Works shall notify OPERATOR of what repairs, and their associated costs, if any, are required or shall notify OPERATOR that repairs are not required. Master Road Repair Agreement — City of Kennedale f7 2. OPERATOR shall be responsible for the costs associated with the repair of roadways damaged by OPERATOR's use of the public roadways, in accordance with the provisions contained herein. Upon determination by the City of the cost to repair damage to the roadways caused by OPERATOR, City shall invoice OPERATOR for the full amount. OPERATOR agrees to remit payment in full within 30 days of the date of the invoice. City shall be responsible for contracting for the roadway repair services and, where required by State law, shall employ a competitive bidding process to ensure that the roadway repairs are performed in the most cost effective manner possible. Should payment ultimately be insufficient to fully repair the damage caused to the roadways by OPERATOR, City may invoice OPERATOR for the balance and payment shall be due within 30 days of the date thereof. Should OPERATOR fail to remit full payment to the city for all amounts invoiced within 30 days of any such invoice, City may recover against the security required pursuant to Article 4 hereof and /or pursue any remedy available to it in law or equity to ensure that the public roadways are repaired. Conversely, the City agrees to reimburse OPERATOR the balance of any funds not used in the repair of the roadways. 3. Notwithstanding the foregoing, if, in the City's sole discretion, the damage to the roadways affects the immediate health and safety of the public, the City may take immediate remedial action to repair the roads at its own expense and invoice the OPERATOR for the full amount thereafter. 4. During the term of this Agreement, OPERATOR shall periodically inspect said roadways during drilling, fracture stimulation or reworking of the gas well to determine whether or not any damage has occurred as a result of OPERATOR's activities. Within 48 hours of discovering the existence of any such damage to the roadways, OPERATOR shall notify the City's Director of Public Works of the need for repair. City shall then invoice OPERATOR in accordance with paragraph 3, above. ARTICLE 2. TERM OF AGREEMENT This Agreement shall commence upon the date indicated above and shall continue in full force and effect until all damage caused to the roadways by OPERATOR's activities have been repaired, OPERATOR has paid all invoice amounts in full and the OPERATOR has permanently discontinued the activities upon the roadways, as described hereinabove. ARTICLE 3. BLANKET INSURANCE AND INDEMNITY 1. OPERATOR shall provide or cause to be provided insurance that meets the requirements of Section 17 -426, "Oil and Gas," of the Zoning Ordinance of the City. Such insurance shall continue until the well is abandoned and the site restored. 2. OPERATOR shall and hereby does indemnify, defend and save harmless the City, its officers, agents and employees from al suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons or property on account of the operations of the OPERAROR, its agents, employees, contractors, subcontractors or representatives; or on account of any negligent act of fault of OPERATOR, its agents, employees, Master Road Repair Agreement — City of Kennedale 2-of 7 contractors, subcontractors or representatives in connection with the obligations of the OPERATOR under this Agreement; and shall pay any judgment, with costs, which may be obtained against the City growing out of such injury or damage. ARTICLE 4. BLANKET PERFORMANCE BOND OPERATOR shall provide or cause to be provided a security instrument in the form of a performance bond, irrevocable letter of credit or certificate of deposit that meets the requirements of Section 17 -426, "Oil and Gas," of the Zoning Ordinance of the City to secure the obligation of OPERATOR to pay for the repair of damages, excluding ordinary wear and teat, to public streets, including, but not limited to, bridges. ARTICLE 5. MISCELLANEOUS PROVISIONS 1. OPERATOR understands and agrees that OPERATOR, its employees, agents, contractors, subcontractors or representatives shall at no time represent themselves to be employees, agents, contractors, subcontractors or representatives of the City. 2. By entering into this Agreement, the city does not waive, nor shall it be deemed to waive, any immunity or defense that would otherwise be available to it against claims arising by third parties. ARTICLE 6. FORCE MAJEURE The performance of this Agreement shall be subject to events of Force Majeure. Events of Force Majeure shall mean any contingency or cause beyond the reasonable control of a party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, government or de facto government action (unless caused by acts or omissions of the party), fires, explosions, rain or other weather delays, floods, strikes, slowdowns or work stoppages. ARTICLE 7. ASSIGNABILITY /CONSENT Except as otherwise provided herein, or except as may be hereafter determined by the parties, no party to this Agreement may sell, assign, partially assign or transfer its interest in this Agreement, or any of its rights, duties, or obligations hereunder, without the prior written consent of the other party. Whenever the consent or the approval of a party is required herein, such party shall not unreasonably withhold, delay, or deny such consent or approval. Notwithstanding the foregoing, the OPERATOR may assign this Agreement if the Gas Well Permit has been assigned in accordance with Section 17- 426(n) of the Zoning Ordinance of the City. 4< Master Road Repair Agreement — City of Kennedale #Sdftf ARTICLE 8. NOTICE Any notice given by one party to the other in connection with this Agreement shall be in writing and shall be by personal delivery, sent by registered mail or certified mail; or by U.S. Mail, return receipt requested, postage prepaid; to: CITY: Office of the City Manager City of Kennedale, Texas 405 Municipal Drive Kennedale, Texas 76060 OPERATOR: EOG RESOURCES, INC. 420 Throckmorton, Suite 1200 Ft. Worth, Texas 76102 Notice shall be deemed to have been received on the date of receipt as shown on the return receipt or other written evidence of receipt. ARTICLE 9. MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. No evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed. The parties further agree that the provisions of this Article will not be waived unless as herein set forth. ARTICLE 10. SAVINGS /SEVERABILITY In the event that any one or more of the provisions hereof contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not effect the other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. ARTICLE 11. GOVERNING LAW AND VENUE This Agreement shall be construed under and governed by, and in accordance with the laws of the State of Texas, and all obligations of the parties hereto, created by this Agreement are performable in Tarrant County, Texas. Venue of any suit or cause of action under this Agreement shall lie exclusively in Tarrant County, Texas. ARTICLE 12. ENTIRE AGREEMENT This Agreement and the exhibits attached thereto, constitute the entire agreement among the parties hereto with respect to the subject matter hereof, and Master Road Repair Agreement — City of Kennedale U f 7 supersede any prior understandings or written or oral agreements between the parties with respect to the subject matter of this Agreement. No amendment, modification, cancellation or alteration of the terms of this Agreement shall be binding on any party hereto unless the same is in writing, dated subsequent to the date hereof, and is duly authorized and executed by the parties hereto. ARTICLE 13. WAIVER OF TERMS AND CONDITIONS The failure of either party to enforce or insist upon compliance with any of the terms or conditions of this Agreement shall not constitute a general waiver or relinquishment of any such terms or conditions, but the same shall be and remain at all times in full force and effect. ARTICLE 14. CAPTIONS The captions contained in this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement. ARTICLE 15. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and constitute one and the same instrument. Master Road Repair Agreement — City of Kennedale f7 IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this Agreement as of the day of 1 20_. CITY OF KENNEDALE, TEXAS ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY City Attorney STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned notary public, on this day personally appeared of the City of Kennedale, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he /she executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said City of Kennedale, Texas. Given under my hand and seal of office this day of , 20_. Notary Public Master Road Repair Agreement — City of Kennedale 40 f7 EOG Resources, Inc. By:' J. Pa oods, General Manager EO Inc. Texas RRC Operator Number: 253162 STATE OF TEXAS § COUNTY OF ry § Master Road Repair Agreement — City of Kennedale 7of7 Staff Repot To the Members of the Board of Adjustment Date: June 27, 2008 Agenda Item No: III -a Subject: Minutes Originated by: Crystal Tort, Board of Adjustment Secretary Summary: Attached are the minutes for the Regular Meeting dated June 3, 2008. Recommendation: Staff recommends approval Disposition by Commission: t, 0 153 MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - JUNE 3, 2008 KENNEDALE MUNICIPAL BUILDING - 405 MUNICIPAL DR. COUNCIL CHAMBERS 7:00 PM Chairman Adams called the meeting to order at 7:01 PM. Members present: Rick Adams, Brian Cassady, Cheryl Abbott, Patrick Vader, Richard West, Donnie Graham, and Linda Elam. Members absent: Charles Gray and Charles Overstreet. Staff Present: James E. Cowey, Building Official and Crystal Tort, BOA Secretary. Ms. Tort performed the swearing in of the citizens that would like to address the Board. I. VISITORS /CITIZENS FORUM No one wished to speak. II. CONSIDER BOA CASE # 08 -03 A request for a Special Exception to the City Code Section 17 -421, to allow a Guest House in a (R -3) Single Family Residential District located at 708 E. Mansfield Cardinal Road with the legal description being Block 1, Lot 14R2 of the Boaz Subdivision and 712 E. Mansfield Cardinal with the legal description being Block 1, Lot 14R3R of the Boaz Subdivision in the City of Kennedale, Tarrant County, Texas which is being proposed to be re- platted into one lot as requested by Jason and Elaine Biles. (a) STAFF PRESENTATION OF CASE James E. Cowey informed the Board that Mr. Biles has filed for a Special Exception for a guest house at 708 E. Mansfield Cardinal Road which is permitted in an R -3 Zoning. Mr. Biles would like to use one driveway to access his current residence at 712 E. Mansfield Cardinal Road and the guest house at 708 E. Mansfield Cardinal Road. According to the City Code of Ordinances this would require a re -plat to combine 708 and 712 E. Mansfield Cardinal Road. Mr. Cowey informed the Board that Mr. Biles has filed for a re -plat for the June 19 P &Z Meeting and meets all City Ordinances with the exception that the proposed re -plat is approved. (b) APPLICANT PRESENTATION OF CASE Jason Biles, 712 Mansfield Cardinal, Kennedale, TX addressed the Board in favor of the Special Exception to allow a guest house. Mr. Biles explained to the Board that this would allow for extra space for relatives and would be more cost effective than adding on to the current home or building a home with an increased square footage with its own drive on the second lot. Mr. Biles ensured the Board that the guest house would not be used for rental property. A lengthy discussion ensued between Mr. Biles and the members of the Board. :k7 154 (c) PUBLIC HEARING ON BOA CASE #08 -03 Doug Boyd, 4414 Enchanted Oaks Drive, Arlington, TX addressed the Board in favor of the Special Exception and informed the Board that the guest house would increase the property value and would benefit the City. Mr. Boyd also mentioned that the iron fence surrounding Mr. Biles current residence would be extended to surround the guest house. (d) APPLICANT RESPONSE No one wished to speak. (e) STAFF RESPONSE AND SUMMARY OF CASE James E. Cowey gave a summary of the case and informed the Board that the Guest house would follow the same regulations of the primary structure. Mr. Cowey also suggested to the Board to add the stipulation of one water meter and one electric meter for both structures. A discussion was then held between the Board members, Mr. Cowey, and the applicant. (f) ACTION ON CASE Mr. Vader made a motion to approve the Special Exception for a Guest House with the stipulation that there is a single meter for water and electric, also the building materials stay consistent with the primary structure, seconded by Mr. Cassady. Motion passed without opposition. III. CONSIDER BOA CASE # 08 -04 A request for a Special Exception to the City Code Section 17 -426 (c), to allow oil and gas well drilling and production to be located at 5750 E IH 20 as required by this section. Legal description is Lot 1 R1 A, Block 1 of the Fort Worth Inc Addition in the City of Kennedale, Tarrant County, Texas as requested by EOG Resources, Inc. (a) STAFF PRESENTATION OF CASE James E. Cowey explained that EOG Resources has applied for a special exception for the purpose of drilling (5) gas wells at 5750 East 1 -20. Mr. Cowey informed the Board that Staff has reviewed the application and has no issues with the request, except the required waivers needed within the 300 to 600 foot radius of the drill site have not yet been received from the applicant. (b) APPLICANT PRESENTATION OF CASE Mark Baysden, 777 Main Street, Fort Worth, TX speaking in behalf of EOG Resources addressed the Board in favor of the Special Exception. Mr. Baysden acknowledged that the only outstanding issue is the waivers and informed the Board that EOG has been in contact with all property owners that require waivers. Mr. Baysden also mentioned that Mr. Moore, the property owner of 5750 East 1 -20, has given surface rights to EOG Resources and currently is in a lease with EOG Resources. Mr. Baysden informed the Board that EOG Resources is willing to ask for a continuation of this case in order to get the required waivers or receive the 21 155 Boards approval with the stipulation that EOG obtains the required waivers in a 30 to 60 day period. A lengthy discussion ensued among Mr. Baysden, Mr. Cowey, and the Board. (c) PUBLIC HEARING ON BOA CASE #08 -04 Carol Morris, 729 Aviator Drive, Fort Worth, TX addressed the Board against the Special Exception and informed the Board that she contacted EOG Resources over two weeks ago and has not received a call back. Ms. Morris explained that she owns the mineral rights to her property, which is surrounded by Fort Worth Tower and deserves to be contacted by EOG Resources. Ms. Morris also requested information on the identity of EOG Resources. (d) APPLICANT RESPONSE Mark Baysden explained that EOG is the operator that will be drilling the well and has an independent land man that is involved in leasing the adjacent properties. Mr. Baysden also notified the Board that they are aware of Ms. Morris's phone call and has forwarded it to the land man, but currently has not yet contacted Ms. Morris. (e) STAFF RESPONSE AND SUMMARY OF CASE No response was made from staff. (f) ACTION ON CASE Mrs. Abbott made a motion to table the Special Exception to allow oil and gas well drilling, seconded by Mr. Cassady. Motion passed without opposition. IV. REGULAR ITEMS 1) Approval of Minutes dated May 6, 2008. Mrs. Elam made a motion to approve the minutes as presented, seconded by Mr. Vader. Motion passed unanimously. V. STAFF REPORTS 1) Staff Update on City Projects James E. Cowey notified the Board of the Rodgers Farm Park Grand Opening on June 21, 2008 at 10 AM. Mr. Cowey also informed the Board of the Status of Town Center. VI. ADJOURNMENT Mr. Vader made a motion to adjourn the meeting, seconded by Mrs. Elam. Motion passed unanimously. k 156 Chairman Adams adjourned the meeting at 8:07 pm. Chairman, Rick Adams Board of Adjustment ATTEST: Crystal M. Tort Board of Adjustment Secretary ;2 Staff Report To the Members of the Board of Adjustment r Date: May 30, 2008 Agenda Item No: IV -a Subject: Staff Update on City Projects Originated by: James E. Cowey, Building Official Summary: Update on the status of construction on TownCenter and other City Projects. Recommendation: Disposition by Commission: BOA CASE # 08 -04 EOG RESOURCES SPECIAL EXCEPTION CITY OF KENNEDALE PUBLIC HEARING SIGN -IN FORM SUBJECT: BOA 08 -04 to receive citizen's comments for a request of a Special Exception to the City Code Section 17 -426 (c), to allow oil and gas well drilling and production to be located at 5750 E IH 20 as required by this section. Legal description is Lot 1 R1 A, Block 1 of the Fort Worth Inc Addition in the City of Kennedale, Tarrant County, Texas as requested by EOG Resources, Inc. 2. 1 HEREBY WISH TO ADDRESS THE COMMISSION. ❑ DO NOT WISH TO ADDRESS THE COMMISSION, BUT I WOULD LIKE TO REGISTER THE FOLLOWING OPINION. 3. 1 AM REGISTERING V FOR ❑ AGAINST THE SPECIAL EXCEPTIOIN 4. IN REGISTERING, I REPRESENT: ❑ MYSELF THE FOLLOWING PERSONS, FIRMS, CORPORATIONS, CLASSES OR GROUPS: '(fie s6oQ c -' 5. THEIR BUSINESS ADDRESS IS: SIGNATURE: DATE: July 1, 2008 f BOA CASE # 08 -04 EOG RESOURCES SPECIAL EXCEPTION CITY OF KENNEDALE PUBLIC HEARING SIGN -IN FORM SUBJECT: BOA 08 -04 to receive citizen's comments for a request of a Special Exception to the City Code Section 17 -426 (c), to allow oil and gas well drilling and production to be located at 5750 E IH 20 as required by this section. Legal description is Lot 1 R1A, Block 1 of the Fort Worth Inc Addition in the City of Kennedale, Tarrant County, Texas as requested by EOG Resources, Inc. D a r 1. NAME: �� `'� ADDRESS: q2o '�v x OK orJ zip PHONE NUMBER: 2. I HEREBY t \FW ISH TO ADDRESS THE COMMISSION. ❑ DO NOT WISH TO ADDRESS THE COMMISSION, BUT I WOULD LIKE TO REGISTER THE FOLLOWING OPINION. 3. 1 AM REGISTERING ❑ FOR ❑ AGAINST THE SPECIAL EXCEPTIOIN 4. IN REGISTERING, I REPRESENT: ❑ MYSELF KTHE FOLLOWING PERSONS, FIRMS, CORPORATIONS, CLASSES OR GROUPS: 5. THEIR BUSINESS ADDRESS IS: S4 tu r A 0 4V C` SIC r" AGENDA BOARD OF ADJUSTMENT REGULAR MEETING - JULY 1, 2008 KENNEDALE MUNICIPAL BUILDING - 405 MUNICIPAL DR. COUNCIL CHAMBERS 7:00 PM CALL TO ORDER T* 13 ROLL CALL BR- 1AN -Y R44;K PAUS PATRICK VADER CHERYLABBOTT I. VISITORS /CITIZENS FORUM At this time, any person with business before the Board of Adjustment not scheduled on the Agenda may speak, provided that a "Speaker's Request Form" has been completed and submitted to the Board of Adjustment Secretary prior to the start of the meeting. All comments must be directed towards the Chair, rather than individual BOA members or staff. All speakers must limit their comments to the subject matter as listed on the "Speaker's Request Form." No formal action can be taken on these items II. CONSIDER BOA CASE # 08 -04 A request for a Special Exception to the City Code Section 17 -426 (c), to allow oil and gas well drilling and production to be located at 5750 E IH 20 as required by this section. Legal description is Lot 1 R1 A, Block 1 of the Fort Worth Inc Addition in the City of Kennedale, Tarrant County, Texas as requested by EOG Resources, Inc. a) STAFF PRESENTATION OF CASE b) APPLICANT PRESENTATION OF CASE .V're P&Mk re�ac� po�J�Yj`�(UZ n� unc�t��r��n� c) PUBLIC HEARING ON BOA CASE #08 -04 M 00 Wlqid �o speaj:�- d) APPLICANT RESPONSE e) STAFF RESPONSE AND SUMMARY OF CASE f) ACTION ON CASE U on Va5se s IV. REGULAR ITEMS V. STAFF REPORTS V1. AUJUUKNMLN 1 a) Approval of Minutes dated June 3, 2008. a) Staff Update on City Projects.