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2007_07.10 BOA PacketNOTICE OF MEETING KENNEDALE BOARD OF ADJUSTMENT KENNEDALE, TEXAS Notice is hereby given that a ❑ Workshop, ® Public Hearing, ❑ Special Meeting, and /or ® Regular Meeting will be held by the Board of Adjustment of the City of Kennedale, Texas at 7:00 p.m., on the 10th day of July 2007, 405 Municipal Drive, (Kennedale Municipal Building) Kennedale, Texas at which time the following subjects will be discussed to wit: AGENDA (SEE ATTACHED AGENDA) Dated this the 5th day of July 2007. By: Rick Adams, Chairman I, the undersigned authority, do hereby certify that the above Notice of Meeting for the Board of Adjustment of the City of Kennedale, Texas is a true and correct copy of said Notice and that I posted a true and correct copy of said Notice on the bulletin board of City Hall of said City in Kennedale, Texas, a place convenient and readily accessible to the general public at all times, and said Notice was posted on July 5, 2007, at 11:00 o'clock A.M., and remained so posted continuously for at least 72 hours preceding the scheduled time of said Meeting. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print, are requested to contact the undersigned at (817) 483 -1297 five (5) work days prior to the meeting so that appropriate arrangements can be made. /)n ,"\ Dated this the 5th day of July 2007. M Lis wi-1Cabr &ra Board of Adjustment Secretary AGENDA BOARD OF ADJUSTMENT REGULAR MEETING - JULY 10, 2007 KENNEDALE MUNICIPAL BUILDING - 405 MUNICIPAL DR. COUNCIL CHAMBERS CALL TO ORDER ROLL CALL A. EXECUTIVE SESSION The BOA will meet in closed session pursuant to Section 551.071 of the Texas Government Code for consultation with the City Attorney pertaining to any matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meeting Act, including discussion of any item posted on the agenda and legal issues regarding amortization of nonconforming uses; and litigation, settlement offers, and /or claims regarding the follow matters: a. Orientation of New Members b. Compliance of Business 287 District Overlay c. Non - Compliance Issues B. RECONVENE INTO CHAMBERS Reconvene into chambers for regular session and consider action, if any, on items discussed in Executive Session. C. VISITORS /CITIZENS FORUM At this time, any person with business before the Board of Adjustment not scheduled on the Agenda may speak to the Commission, 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 Chairman, 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. D. PUBLIC HEARING 1) BOA 07 -05 to receive citizen's comments 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 6915 Hudson Village Creek Road as required by this section. Legal description is Lot 1, Block 1 of the Harrison Jet Guns Addition in the City of Kennedale, Tarrant County, Texas as requested by XTO Energy. E. REGULAR ITEMS 1) Approval of Minutes dated June 6, 2006, July 11, 2006, and May 1, 2007. 2) BOA 07 -05 to consider approval 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 6915 Hudson Village Creek Road as required by this section. Legal description is Lot 1, Block 1 of the Harrison Jet Guns Addition in the City of Kennedale, Tarrant County, Texas as requested by XTO Energy. F. ADJOURNMENT STAFF REPORT TO BOARD OFADJIJSTMENT Date: June 27, 2007 Item: E -1 Subject: Approval of Minutes Attached for your review are the minutes from the Regular Meetings dated June 6, 2006, July 11, 2006, and May 1, 2007. Originated by: Disposition by Board Lisa Dawn Cabrera BOA Secretary MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - JUNE 6, 2006 KENNEDALE MUNICIPAL BUILDING - 405 MUNICIPAL DR. COUNCIL CHAMBERS 7:00 PM Chairman Adams called the meeting to order at 7:01 p.m. Members present: Rick Adams, Brian Cassady, Charles Gray, Patrick Vader, and Linda Elam. Members absent: Charles Overstreet, Tom Collins, and Cheryl Abbott. Staff Present: Mark White, Director of Community Development; Scott Raven, Fire Chief; Larry Hoover, Community Development Specialist; and Jessica Martinez, BOA Secretary. Mrs. Martinez performed the swearing in of the citizens that would like to address the Board. A. EXECUTIVE SESSION No executive session was called. B. RECONVENE INTO CHAMBERS No executive session was called. C. VISITORS /CITIZENS FORUM No one wished to speak. D. PUBLIC HEARING 1) BOA 06 -09 to receive citizen's comments 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 701 S. Dick Price Road as required by this section. Legal description is Tract 1, Abstract 1261 of the Jesse B. Renfro Survey, City of Kennedale, Tarrant County, Texas as requested by XTO Energy. Walter Dueasse, 810 Houston St, Ft. Worth, TX addressed the Board in favor of the Special Exception on behalf of XTO Energy. Mr. Dueasse presented the Board with information on an oil and gas well that will be drilled on the above property. A lengthy discussion was held among the applicant, the staff, and the members of the Board. Eva Mackowski, 401 W Linda Road, Kennedale, TX addressed the Board against this Special Exception, she was representing herself and Larry & Liesel Perkins. She is against this item due to the closeness of the oil and gas drilling to her home. She has concerns with air, water, and noise pollution, as well as accidents occurring at the drill site. Frank Fernandez, 911 Shady Vale Dr, Kennedale, TX addressed the Board against this item because he is worried that the oil and gas well will tap into the public water aquifer. He thinks that if that were to happen then the City would not have anymore water. Jerry Miller, 809 Shady Creek, Kennedale, TX addressed the Board against this item. He would like to know if this well will be fully protected from accidents in the form of the Fire Department not having the right equipment and what benefit to the City is there to allow for this well to drill in the City. No one else wished to speak. 2) BOA 06 -10 to receive citizen's comments for a Variance to the City Code Section 17 -420 (i), to allow an outside auto sales lot to exist with no requirements for the screening regulations set forth by this section located at 325 W. Kennedale Parkway. Legal description being Tracts 2B and 2D1, Abstract 1285 of the Cazanda Rose Survey, City of Kennedale, Tarrant County, Texas as requested by Tim Cecil. Tim Cecil, PO Box 2430, Glen Rose, TX addressed the Board in favor of this variance because he has a person interested in purchasing the property for an auto sales lot. No one else wished to speak on this item. Chairman Adams closed the public hearing at 8:11 pm. E. REGULAR ITEMS 1) BOA 06 -09 to consider approval 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 701 S. Dick Price Road. Legal description is Tract 1, Abstract 1261 of the Jesse B. Renfro Survey, City of Kennedale, Tarrant County, Texas as requested by XTO Energy. After a discussion among the Board members regarding the road repair agreement and issues of safety with accidents, a motion was made. Mr. Gray made a motion to approve the recommendations to the applicant and a Road and the City, seconded by Mrs. Elam. Special Exception with Fire Department's Repair Agreement be signed by the applicant Motion passed without opposition. 2) BOA 06 -10 to consider approval for a Variance to the City Code Section 17 -420 (i), to allow an outside auto sales lot to exist with no requirements for the screening regulations set forth by this section located at 325 W. Kennedale Parkway. Legal description being Tracts 2B and 2D1, Abstract 1285 of the Cazanda Rose Survey, City of Kennedale, Tarrant County, Texas as requested by Tim Cecil. A discussion ensued among the members of the Board and the staff, and then a motion was made. Mr. Gray made a motion to table this item for 60 days, seconded by Mr. Cassady. Motion passed unanimously. E. ADJOURNMENT Mr. Gray made a motion to adjourn the meeting, seconded by Mrs. Elam. -4G - Motion passed without opposition. Chairman Adams adjourned the meeting at 8:26 pm. Chairman, Rick Adams Board of Adjustments ATTEST: Lisa Dawn Cabrera Board of Adjustments Secretary — LO . MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - JULY 11, 2006 KENNEDALE MUNICIPAL BUILDING - 405 MUNICIPAL DR. COUNCIL CHAMBERS 7:00 PM Vice - Chairman Elam called the meeting to order at 7:01 p.m. Members present: Brian Cassady, Cheryl Abbott, Charles Gray, Patrick Vader, and Linda Elam. Members absent: Charles Overstreet, Tom Collins, and Rick Adams. Staff Present: Mark White, Director of Community Development; and Larry Hoover, Community Development Specialist. Mr. Hoover performed the swearing in of the citizens that would like to address the Board. A. EXECUTIVE SESSION No executive session was called. B. RECONVENE INTO CHAMBERS No executive session was called. C. VISITORS /CITIZENS FORUM No one wished to speak. D. PUBLIC HEARING 1) BOA 06 -11 to receive citizen's comments for a Variance to the City Code Section 17- 507(c)(4), to allow the height copy of an attached sign to exceed the required sixteen (16) inches maximum to be located at 705 W. Kennedale Parkway as required by this section. Legal description is Block 2, Lots 16A and 16A1 of the Woodlea Acres Addition, City of Kennedale, Tarrant County, Texas as requested by Pro -Fab Equipment, L.P. Amy Tunnecliffe representing Pro -Fab, 3902 Amy Ct, Arlington, TX addressed the Board in favor of the variance and presented testimony as to the reason for the request stating that the sign is too small for the size of the building that is at the above address. A discussion ensued among the members of the Board and the applicant. No one else wished to speak. 2) BOA 06 -12 to receive citizen's comments for an interpretation of the City Code Section 17 -405 (d)(i) regarding setback regulations as they pertain to accessory/storage buildings 175 square feet and less. No one wished to speak. Vice- Chairman closed the public hearing. E. REGULAR ITEMS 1) Approval of minutes dated May 2, 2006. Pat Vader made a motion to approve the minutes as presented, seconded by Mr. Cassady. Motion passed without objection. 2) BOA 06 -11 to consider approval for a Variance to the City Code Section 17- 507(c)(4), to allow the height copy of an attached sign to exceed the required sixteen (16) inches maximum to be located at 705 W. Kennedale Parkway as required by this section. Legal description is Block 2, Lots 16A and 16A1 of the Woodlea Acres Addition, City of Kennedale, Tarrant County, Texas as requested by Pro -Fab Equipment, L.P. A conversation was held among the applicant, the staff and the members of the Board and then a motion was made. Mr. Gray made a motion to approve the variance for the copy to be larger than 16 inches but the sign to be no larger than 100 square feet, seconded by Mr. Cassady. Motion passed with a vote of four (4) to one (1), with Mr. Vader opposing. 3) BOA 06 -12 to discuss and consider an interpretation of the City Code Section 17 -405 (d)(i) regarding setback regulations as they pertain to accessory/storage buildings 175 square feet and less. Mr. White addressed the Board with concerns around the City with storage buildings that are smaller than 175 square feet and have asked the members of the Board for an interpretation of the Code. Mr. Gray voiced his opinion that this interpretation should be for the Planning and Zoning Commission to decide as a general problem, but should only decide specific cases. No action was taken on this case by the Board of Adjustments. F. ADJOURNMENT Mr. Gray made a motion to adjourn the meeting, seconded by Ms. Abbott. Motion passed without opposition. Vice - Chairman Elam adjourned the meeting at 7:30 pm. Chairman, Rick Adams Board of Adjustments ATTEST: Lisa Dawn Cabrera Board of Adjustments Secretary Me MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - MAY 1, 2007 KENNEDALE MUNICIPAL BUILDING - 405 MUNICIPAL DR. COUNCIL CHAMBERS 7:00 PM Vice - Chairman Elam called the meeting to order at 7:00 p.m. Members present: Brian Cassady, Charles Overstreet, Richard West, Charles Gray, Patrick Vader, and Linda Elam. Members absent: Rick Adams, Cheryl Abbott, and Tom Collins Staff Present: Mark White, Community Development Director; James E. Cowey, Building Official; and Lisa Cabrera, BOA Secretary. Charles Overstreet was brought up as a regular voting member for the purpose of this meeting. Ms. Cabrera performed the swearing in of the citizens that would like to address the Board. A. EXECUTIVE SESSION No executive session was called. B. RECONVENE INTO CHAMBERS No executive session was called. C. VISITORS /CITIZENS FORUM No one wished to speak. D. PUBLIC HEARING 1) BOA 07 -03 to receive citizen's comments for a Special Exception to the City Code Section 17 -421 to allow for a temporary construction office trailer in C -1 (Restricted Commercial) at 4800 W Interstate 20. Legal description being the proposed lots 1 - 4, Block 1 of the Southwest Crossing Addition, in the Cities of Arlington and Kennedale, Tarrant County, Texas and the current legal description being a portion of Lot 3, Block 2 of the Treepoint Addition in the Cities of Arlington and Kennedale, Tarrant County, Texas and also being a 21.497 acre tract of land situated in the MP Lamar Survey, Abstract 987, the Lawrence Ramey Survey, Abstract 1336, and the David Strickland Survey, Abstract 1376, Cities of Arlington and Kennedale, Tarrant County, Texas, as requested by Emerson Construction Company, Inc. Chris Biggers, 1501 Merrimac Circle, Fort Worth, TX addressed the Board in favor of the Special Exception. Mr. Biggers gave a brief history of the necessity of the Special Exception and then a discussion ensued among the applicant and the members of the Board. _q Stan Nichols, 701 Estate, Belton, TX did not wish to address the Board but wished to express his opinion in favor of the Special Exception. No one else wished to speak. 2) BOA 07 -04 to receive citizen's comments for a Special Exception to the City Code Section 17 -421 to allow for a convenience store with a gas station in C -1 (Restricted Commercial) at 105 W Kennedale Parkway. Legal description being Lot 1A, Block 23 in the City of Kennedale Addition in the City of Kennedale, Tarrant County, Texas as requested by VRV Corporation. Ronnie Nowell, 317 Bowles Ct, Kennedale, TX addressed the Board in favor of the Special Exception. Mr. Nowell is a representative of VRV and he presented the members of the Board with a short history of this Special Exception. No one else wished to speak. Vice -Chair closed the public hearing at 7:09 pm. E. REGULAR ITEMS 1) Approval of Minutes dated March 6, 2007. Mr. Vader made a motion to approve the minutes as presented, seconded by Mr. Cassady. Motion passed unanimously. 2) BOA 07 -03 to consider approval of a Special Exception to the City Code Section 17 -421 to allow for a temporary construction office trailer in C -1 (Restricted Commercial) at 4800 W Interstate 20. Legal description being the proposed lots 1 - 4, Block 1 of the Southwest Crossing Addition, in the Cities of Arlington and Kennedale, Tarrant County, Texas and the current legal description being a portion of Lot 3, Block 2 of the Treepoint Addition in the Cities of Arlington and Kennedale, Tarrant County, Texas and also being a 21.497 acre tract of land situated in the MP Lamar Survey, Abstract 987, the Lawrence Ramey Survey, Abstract 1336, and the David Strickland Survey, Abstract 1376, Cities of Arlington and Kennedale, Tarrant County, Texas, as requested by Emerson Construction Company, Inc. A lengthy discussion was held among the staff, the applicant, and the members of the Board in regards as to where else on this property could the trailer go, the construction of Little Road, and to the fencing of any and all outside storage. Mr. Vader made a motion to deny the Special Exception, no second was made. The motion failed. Mr. Gray made a motion to approve the construction trailer until December 2007 with the actual location of the trailer to be worked out with City Staff, Police and Fire Departments, and the Contractor, as well as all outside storage to be screened, seconded by Mr. Overstreet. Motion passed with a vote of five (5) to one (1) with Mr. Vader opposing. 3) BOA 07 -04 to consider approval of a Special Exception to the City Code Section 17 -421 to allow for a convenience store with a gas station in C -1 (Restricted Commercial) at 105 W Kennedale Parkway. Legal description being Lot 1A, Block 23 in the City of Kennedale Addition in the City of Kennedale, Tarrant County, Texas as requested by VRV Corporation. The members of the Board and the staff held a brief discussion regarding the time frame of Special Exceptions of this kind and then a motion was made. Mr. Gray made a motion to approve the Special Exception for 10 years, seconded by Mr. Cassady. Motion passed without exception. F. ADJOURNMENT Mr. Gray made a motion to adjourn the meeting, seconded by Ms. Elam. Motion passed unanimously. Vice -Chair Elam adjourned the meeting at 7:30 pm. Chairman, Rick Adams Board of Adjustment ATTEST: Lisa Dawn Cabrera Board of Adjustment Secretary f" ,11^ NOTICE OF MEETING KENNEDALE BOARD OF ADJUSTMENT KENNEDALE, TEXAS Notice is hereby given that a ❑ Workshop, ® Public Hearing, ❑ Special Meeting, and /or ® Regular Meeting will be held by the Board of Adjustment of the City of Kennedale, Texas at 7:00 p.m., on the 10th day of July 2007, 405 Municipal Drive, (Kennedale Municipal Building) Kennedale, Texas at which time the following subjects will be discussed to wit: (SEE ATTACHED AGENDA) Dated this the 5th day of July 2007. By: Rick Adams, Chairman I, the undersigned authority, do hereby certify that the above Notice of Meeting for the Board of Adjustment of the City of Kennedale, Texas is a true and correct copy of said Notice and that I posted a true and correct copy of said Notice on the bulletin board of City Hall of said City in Kennedale, Texas, a place convenient and readily accessible to the general public at all times, and said Notice was posted on July 5, 2007, at 11:00 o'clock A.M., and remained so posted continuously for at least 72 hours preceding the scheduled time of said Meeting. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print, are requested to contact the undersigned at (817) 483 -1297 five (5) work days prior to the meeting so that appropriate arrangements can be made. a /*) Dated this the 5th day of July 2007. Board of Adjustment Secretary AGENDA BOARD OF ADJUSTMENT REGULAR MEETING - JULY 10, 2007 KENNEDALE MUNICIPAL BUILDING - 405 MUNICIPAL DR. COUNCIL CHAMBERS 7:00 PM CALL TO ORDER ROLL CALL A. EXECUTIVE SESSION The BOA will meet in closed session pursuant to Section 551.071 of the Texas Government Code for consultation with the City Attorney pertaining to any matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meeting Act, including discussion of any item posted on the agenda and legal issues regarding amortization of nonconforming uses; and litigation, settlement offers, and /or claims regarding the follow matters: a. Orientation of New Members b. Compliance of Business 287 District Overlay c. Non - Compliance Issues B. RECONVENE INTO CHAMBERS Reconvene into chambers for regular session and consider action, if any, on items discussed in Executive Session. C. VISITORS /CITIZENS FORUM At this time, any person with business before the Board of Adjustment not scheduled on the Agenda may speak to the Commission, 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 Chairman, 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. D. PUBLIC HEARING 1) BOA 07 -05 to receive citizen's comments 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 6915 Hudson Village Creek Road as required by this section. Legal description is Lot 1, Block 1 of the Harrison Jet Guns Addition in the City of Kennedale, Tarrant County, Texas as requested by XTO Energy. E. REGULAR ITEMS 1) Approval of Minutes dated June 6, 2006, July 11, 2006, and May 1, 2007. 2) BOA 07 -05 to consider approval 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 6915 Hudson Village Creek Road as required by this section. Legal description is Lot 1, Block 1 of the Harrison Jet Guns Addition in the City of Kennedale, Tarrant County, Texas as requested by XTO Energy. F. ADJOURNMENT r' STAFF REPORT TO BOARD OFADJUSTMEV T Date: June 27, 2007 Item: E -1 Subject: Approval of Minutes Lisa Dawn Cabrera BOA Secretary -- 5- Originated by: Disposition by Board MINUTES BOARD OF ADJUSTMENT REGULAR MEETING -JUNE 6, 2006 KENNEDALE MUNICIPAL BUILDING - 405 MUNICIPAL DR. COUNCIL CHAMBERS 7:00 PM Chairman Adams called the meeting to order at 7:01 p.m. Members present: Rick Adams, Brian Cassady, Charles Gray, Patrick Vader, and Linda Elam. Members absent: Charles Overstreet, Tom Collins, and Cheryl Abbott. Staff Present: Mark White, Director of Community Development; Scott Raven, Fire Chief; Larry Hoover, Community Development Specialist; and Jessica Martinez, BOA Secretary. Mrs. Martinez performed the swearing in of the citizens that would like to address the Board. A. EXECUTIVE SESSION No executive session was called. B. RECONVENE INTO CHAMBERS No executive session was called. C. VISITORS /CITIZENS FORUM No one wished to speak. D. PUBLIC HEARING 1) BOA 06 -09 to receive citizen's comments 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 701 S. Dick Price Road as required by this section. Legal description is Tract 1, Abstract 1261 of the Jesse B. Renfro Survey, City of Kennedale, Tarrant County, Texas as requested by XTO Energy. Walter Dueasse, 810 Houston St, Ft. Worth, TX addressed the Board in favor of the Special Exception on behalf of XTO Energy. Mr. Dueasse presented the Board with information on an oil and gas well that will be drilled on the above property. A lengthy discussion was held among the applicant, the staff, and the members of the Board. Eva Mackowski, 401 W Linda Road, Kennedale, TX addressed the Board against this Special Exception, she was representing herself and Larry & Liesel Perkins. She is against this item due to the closeness of the oil and gas drilling to her home. She has concerns with air, water, and noise pollution, as well as accidents occurring at the drill site. Frank Fernandez, 911 Shady Vale Dr, Kennedale, TX addressed the Board against this item because he is worried that the oil and gas well will tap into the public water aquifer. He thinks that if that were to happen then the City would not have anymore water. Jerry Miller, 809 Shady Creek, Kennedale, TX addressed the Board against this item. He would like to know if this well will be fully protected from accidents in the form of the Fire Department not having the right equipment and what benefit to the City is there to allow for this well to drill in the City. No one else wished to speak. 2) BOA 06 -10 to receive citizen's comments for a Variance to the City Code Section 17 -420 (i), to allow an outside auto sales lot to exist with no requirements for the screening regulations set forth by this section located at 325 W. Kennedale Parkway. Legal description being Tracts 2B and 2D1, Abstract 1285 of the Cazanda Rose Survey, City of Kennedale, Tarrant County, Texas as requested by Tim Cecil. Tim Cecil, PO Box 2430, Glen Rose, TX addressed the Board in favor of this variance because he has a person interested in purchasing the property for an auto sales lot. No one else wished to speak on this item. Chairman Adams closed the public hearing at 8:11 pm. E. REGULAR ITEMS 1) BOA 06 -09 to consider approval 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 701 S. Dick Price Road. Legal description is Tract 1, Abstract 1261 of the Jesse B. Renfro Survey, City of Kennedale, Tarrant County, Texas as requested by XTO Energy. After a discussion among the Board members regarding the road repair agreement and issues of safety with accidents, a motion was made. Mr. Gray made a motion to approve the recommendations to the applicant and a Road and the City, seconded by Mrs. Elam. Special Exception with Fire Department's Repair Agreement be signed by the applicant Motion passed without opposition. 2) BOA 06 -10 to consider approval for a Variance to the City Code Section 17 -420 (i), to allow an outside auto sales lot to exist with no requirements for the screening regulations set forth by this section located at 325 W. Kennedale Parkway. Legal description being Tracts 2B and 2D1, Abstract 1285 of the Cazanda Rose Survey, City of Kennedale, Tarrant County, Texas as requested by Tim Cecil. A discussion ensued among the members of the Board and the staff, and then a motion was made. Mr. Gray made a motion to table this item for 60 days, seconded by Mr. Cassady. Motion passed unanimously. E. ADJOURNMENT Mr. Gray made a motion to adjourn the meeting, seconded by Mrs. Elam. Motion passed without opposition. Chairman Adams adjourned the meeting at 8:26 pm. Chairman, Rick Adams Board of Adjustments ATTEST: Lisa Dawn Cabrera Board of Adjustments Secretary — LO . MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - JULY 11, 2006 KENNEDALE MUNICIPAL BUILDING - 405 MUNICIPAL DR. COUNCIL CHAMBERS 7:00 PM Vice - Chairman Elam called the meeting to order at 7:01 p.m. Members present: Brian Cassady, Cheryl Abbott, Charles Gray, Patrick Vader, and Linda Elam. Members absent: Charles Overstreet, Tom Collins, and Rick Adams. Staff Present: Mark White, Director of Community Development; and Larry Hoover, Community Development Specialist. Mr. Hoover performed the swearing in of the citizens that would like to address the Board. A. EXECUTIVE SESSION No executive session was called. B. RECONVENE INTO CHAMBERS No executive session was called. C. VISITORS /CITIZENS FORUM No one wished to speak. D. PUBLIC HEARING 1) BOA 06 -11 to receive citizen's comments for a Variance to the City Code Section 17- 507(c)(4), to allow the height copy of an attached sign to exceed the required sixteen (16) inches maximum to be located at 705 W. Kennedale Parkway as required by this section. Legal description is Block 2, Lots 16A and 16A1 of the Woodlea Acres Addition, City of Kennedale, Tarrant County, Texas as requested by Pro -Fab Equipment, L.P. Amy Tunnecliffe representing Pro -Fab, 3902 Amy Ct, Arlington, TX addressed the Board in favor of the variance and presented testimony as to the reason for the request stating that the sign is too small for the size of the building that is at the above address. A discussion ensued among the members of the Board and the applicant. No one else wished to speak. 2) BOA 06 -12 to receive citizen's comments for an interpretation of the City Code Section 17 -405 ( d ) i regarding setback regulations as they pertain to accessory/storage buildings 175 square feet and less. No one wished to speak. Vice - Chairman closed the public hearing. E. REGULAR ITEMS 1) Approval of minutes dated May 2, 2006. Pat Vader made a motion to approve the minutes as presented, seconded by Mr. Cassady. Motion passed without objection. 2) BOA 06 -11 to consider approval for a Variance to the City Code Section 17- 507(c)(4), to allow the height copy of an attached sign to exceed the required sixteen (16) inches maximum to be located at 705 W. Kennedale Parkway as required by this section. Legal description is Block 2, Lots 16A and 16A1 of the Woodlea Acres Addition, City of Kennedale, Tarrant County, Texas as requested by Pro -Fab Equipment, L.P. A conversation was held among the applicant, the staff and the members of the Board and then a motion was made. Mr. Gray made a motion to approve the variance for the copy to be larger than 16 inches but the sign to be no larger than 100 square feet, seconded by Mr. Cassady. Motion passed with a vote of four (4) to one (1), with Mr. Vader opposing. 3) BOA 06 -12 to discuss and consider an interpretation of the City Code Section 17 -405 (d)(i) regarding setback regulations as they pertain to accessory/storage buildings 175 square feet and less. Mr. White addressed the Board with concerns around the City with storage buildings that are smaller than 175 square feet and have asked the members of the Board for an interpretation of the Code. Mr. Gray voiced his opinion that this interpretation should be for the Planning and Zoning Commission to decide as a general problem, but should only decide specific cases. No action was taken on this case by the Board of Adjustments. F. ADJOURNMENT Mr. Gray made a motion to adjourn the meeting, seconded by Ms. Abbott. Motion passed without opposition. Vice - Chairman Elam adjourned the meeting at 7:30 pm. Chairman, Rick Adams Board of Adjustments ATTEST: Lisa Dawn Cabrera Board of Adjustments Secretary W&I MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - MAY 1, 2007 KENNEDALE MUNICIPAL BUILDING - 405 MUNICIPAL DR. COUNCIL CHAMBERS 7:00 PM Vice - Chairman Elam called the meeting to order at 7:00 p.m. Members present: Brian Cassady, Charles Overstreet, Richard West, Charles Gray, Patrick Vader, and Linda Elam. Members absent: Rick Adams, Cheryl Abbott, and Tom Collins Staff Present: Mark White, Community Development Director; James E. Cowey, Building Official; and Lisa Cabrera, BOA Secretary. Charles Overstreet was brought up as a regular voting member for the purpose of this meeting. Ms. Cabrera performed the swearing in of the citizens that would like to address the Board. A. EXECUTIVE SESSION No executive session was called. B. RECONVENE INTO CHAMBERS No executive session was called. C. VISITORS /CITIZENS FORUM No one wished to speak. D. PUBLIC HEARING 1) BOA 07 -03 to receive citizen's comments for a Special Exception to the City Code Section 17 -421 to allow for a temporary construction office trailer in C -1 (Restricted Commercial) at 4800 W Interstate 20. Legal description being the proposed lots 1 - 4, Block 1 of the Southwest Crossing Addition, in the Cities of Arlington and Kennedale, Tarrant County, Texas and the current legal description being a portion of Lot 3, Block 2 of the Treepoint Addition in the Cities of Arlington and Kennedale, Tarrant County, Texas and also being a 21.497 acre tract of land situated in the MP Lamar Survey, Abstract 987, the Lawrence Ramey Survey, Abstract 1336, and the David Strickland Survey, Abstract 1376, Cities of Arlington and Kennedale, Tarrant County, Texas, as requested by Emerson Construction Company, Inc. Chris Biggers, 1501 Merrimac Circle, Fort Worth, TX addressed the Board in favor of the Special Exception. Mr. Biggers gave a brief history of the necessity of the Special Exception and then a discussion ensued among the applicant and the members of the Board. ,q. Stan Nichols, 701 Estate, Belton, TX did not wish to address the Board but wished to express his opinion in favor of the Special Exception. No one else wished to speak. 2) BOA 07 -04 to receive citizen's comments for a Special Exception to the City Code Section 17 -421 to allow for a convenience store with a gas station in C -1 (Restricted Commercial) at 105 W Kennedale Parkway. Legal description being Lot 1A, Block 23 in the City of Kennedale Addition in the City of Kennedale, Tarrant County, Texas as requested by VRV Corporation. Ronnie Nowell, 317 Bowles Ct, Kennedale, TX addressed the Board in favor of the Special Exception. Mr. Nowell is a representative of VRV and he presented the members of the Board with a short history of this Special Exception. No one else wished to speak. Vice -Chair closed the public hearing at 7:09 pm. E. REGULAR ITEMS 1) Approval of Minutes dated March 6, 2007. Mr. Vader made a motion to approve the minutes as presented, seconded by Mr. Cassady. Motion passed unanimously. 2) BOA 07 -03 to consider approval of a Special Exception to the City Code Section 17 -421 to allow for a temporary construction office trailer in C -1 (Restricted Commercial) at 4800 W Interstate 20. Legal description being the proposed lots 1 - 4, Block 1 of the Southwest Crossing Addition, in the Cities of Arlington and Kennedale, Tarrant County, Texas and the current legal description being a portion of Lot 3, Block 2 of the Treepoint Addition in the Cities of Arlington and Kennedale, Tarrant County, Texas and also being a 21.497 acre tract of land situated in the MP Lamar Survey, Abstract 987, the Lawrence Ramey Survey, Abstract 1336, and the David Strickland Survey, Abstract 1376, Cities of Arlington and Kennedale, Tarrant County, Texas, as requested by Emerson Construction Company, Inc. A lengthy discussion was held among the staff, the applicant, and the members of the Board in regards as to where else on this property could the trailer go, the construction of Little Road, and to the fencing of any and all outside storage. Mr. Vader made a motion to deny the Special Exception, no second was made. The motion failed. Mr. Gray made a motion to approve the construction trailer until December 2007 with the actual location of the trailer to be worked out with City Staff, Police and Fire Departments, and the Contractor, as well as all outside storage to be screened, seconded by Mr. Overstreet. Motion passed with a vote of five (5) to one (1) with Mr. Vader opposing. 3) BOA 07 -04 to consider approval of a Special Exception to the City Code Section 17 -421 to allow for a convenience store with a gas station in C -1 (Restricted Commercial) at 105 W -to Kennedale Parkway. Legal description being Lot 1A, Block 23 in the City of Kennedale Addition in the City of Kennedale, Tarrant County, Texas as requested by VRV Corporation. The members of the Board and the staff held a brief discussion regarding the time frame of Special Exceptions of this kind and then a motion was made. Mr. Gray made a motion to approve the Special Exception for 10 years, seconded. by Mr. Cassady. Motion passed without exception. F. ADJOURNMENT Mr. Gray made a motion to adjourn the meeting, seconded by Ms. Elam. Motion passed unanimously. Vice -Chair Elam adjourned the meeting at 7 :30 pm. Chairman, Rick Adams Board of Adjustment ATTEST: Lisa Dawn Cabrera Board of Adjustment Secretary /1, PIR T TO :•A RD OF AI Date: June 27, 2007 Item: E -2 Subject: Case # BOA 07 -05 - Special Exception 6915 Hudson Village Creek Oil & Gas Lease :•� 1 1 The applicant is seeking a Special Exception for the purpose of drilling five (5) gas wells from one pad site at 6915 Hudson Village Creek Road. 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. The Fire Chief has reviewed the application and his comments are attached. The location of this site has existing perimeter property fencing and a security guard on site, therefore staff sees no need to fence the pad site itself. Originated by: James E. Cowey Building Official Disposition by Board -i a www.star-telegram.com I Monday, June 25, 2007 1 9F Legal Notices LEGAL NOTICE Notice of Public Hearing The Board of Adjust- ments will hold Public Hearing on Tuesday, July 10, 2007 at .7:00 PM at the Kennedale City Nall, 405 Municipal OA 07-05 to recc citizen's comme for a Special Ex, tion to the City C Section 17 -426 to allow oil And well drilling production to be cated at 6915 I' son Village Cr Road as required Block "1 of the Har- rison Jet Guns Ad- - dition in the City of Kennedale, Tarrant County, Texas as , requested by XTO Energy. 01 interested persons are encouraged to attend the Public Hearing or may fur- nish written com- ments prior to the meeting to the City of ' Kennedale, 405 Municipal Drive, Kennedale, TX, 76060. .j3f ;f T ENO ERGY May 24, 2007 Mr. Mark White City of Kennedale 405 Municipal Drive Kennedale, Texas 76060 Re: BOA Special Exception — Basped Lease Gas Wells v r Dear Mr. White: Attached please find XTO Energy's Application for Special Exception for our proposed gas well activity to be located within the city limits of Kennedale. XTO Energy Inc. makes this request to the Board of Adjustment pursuant to the stipulations in §17-426 (c) (5) Oil and Gas Ordinance. XTO Energy's proposed drillsite is a 2.6 acre padsite located in the 162.38 acre tract in the W. H. Hudson Survey, Abstract A -176, Block 1, Lot 1 Harrison Jet Guns Addition. The property is located on the north side by Hudson Village Creels Road and in an area currently used as an explosives testing and manufacturing facility At the direction of Harrison Jet Guns XTO has been instructed to build a padsite at this designated location and construct an access road of approximately 600' feet in length from an existing entrance off of Hudson Village Creek Road. The construction of the access road and padsite, as well as the drilling, completion and production of the gas well shall not endanger the public health, safety, morals or general welfare of the nearby residents. The padsite shall be located well within the private property and in excess of 600' from any nearby residences, schools or churches. XTO and its contractors shall employ all necessary and required safety equipment to protect the welfare of the neighboring residents and the environment. The proposed drilling, completion and production activity shall not impair or diminish the uses, values and enjoyment of other property in the surrounding area. The area proposed for the gas well development is currently used for industrial purposes and the addition of the proposed gas well shall not materially affect any long term use of the surroundings by diminishing property values or having long term impact to the quality of life. While the drilling and completion operations will take approximately 35 days per well XTO believes that our operations pose no more disruption to the normal activities of the surrounding residents. XTO Energy Inc. - 810 Houston Street - Fort Worth, Texas 76102 -6298 - (817) 870 -2800 - Fax: (817) 870 -1671 XTO also believes that the proposed landuse shall not significantly impede the normal and orderly development and improvement of the surrounding property for uses permitted in this district. All of the gas drilling and production operations shall be confined to this property and shall not take place on any adjoining property. No local utilities shall be required for the drilling or production of this well. All access routes shall be confined to the property defined in the site plan which describes an access road from Hudson Village Creek Road through the existing lease entrance into the leased property. The drill site shall be constructed to provide a safe, all- weather surface intended to prevent any ponding of water and to minimize erosion to the nearby property. The access road entrance will be designed to allow for the turning radius of large trucks and to allow for the safety of other vehicular traffic on Hudson Village Creek Road. No permanent buildings or structures are planned for this drillsite. The site shall contain a wellhead, 8' tall, low profile produced water storage tank, and a gas /water separator for each well to be drilled. XTO Energy respectfully submits these comments to request a Special Exception for approval under the Kennedale Zoning Ordinance. Yours truly, Walter Dueease Attachment as Stated I - CITY OF KENNEDALE BOARD OF ADJUSTMENT OWNER AFFIDAVIT Case #BOA 't Property Address // �y /J Legal Description: Ga I r 131°l',L t ��2�t5oN :Je-N"Gu AID41V. Applicant; 2 ELL IJ123LLSlT " /3ASP Type of BOA request: 1 ° - t � � 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 Board. Owner SWORN TO and Subscribed before me by -- rR 507>0 PUS I4 • ON THIS I � DAY OF _ '�� �� 120 10 Co �� PJ AA N.' ta Public, Tarrant County, Texts$ $3v�M� Gif.10T TEWEIlt3 V City of Kennedale Oil and Gas Well Drilling Permit DATE- I IZA /67 OWNER OF.::Rg01§'D.. A DD RE SS: CITY: OPERATOR NAKIE-ANVA INCORPORATIMs TATE:. ADDRESS (no P.O. aoxe's)". OPERATOR CONTACT. • CITY, 0L):VV0kj, _)7 OFFICE PHONE (L? 1= ication ACRES: -1 __1 . 7 7 - ^n 31 + C' ' L (1st paitners on a separate sheet) AGENT TO RECEIVE :NOTICE f diftrent-than ope rator): ADDRESS (no P,O. Boxes): - -------------- CITY: STATE: OFFICE PHONE ZIP: M QBIL EMAIL 'T .............. . EMERGENCY 24;.. 0 H: H NTA&,fPE ADDRESS (no P.O. Box + ej CI I*Y: 1A3 Q ZT STATE; - T OFFICC- PHONE (&/7) 71P: MOBILE ( 26 S - 54 - 43, EMAIL �'Of"Al 22�_ SURFACE OWNER U I NDER PAD SITES: J-hjFeqM,2,, XT06fic do A ADDRESS (no P.O, Boxer): 2- LZ,4Ty CITY: v-�Totj STATE, ..ZIP. 7 7�11-4 OFFICE PHONE (_) —, MOBILE EMAIL - P__ (Agent data is added belo :ZIP: 7,4P1 ,02. 7-+..+ - MOBILE (9- '7) - 4 ,V,, L,! . AGENT TO RECEIVE :NOTICE f diftrent-than ope rator): ADDRESS (no P,O. Boxes): - -------------- CITY: STATE: OFFICE PHONE ZIP: M QBIL EMAIL 'T .............. . EMERGENCY 24;.. 0 H: H NTA&,fPE ADDRESS (no P.O. Box + ej CI I*Y: 1A3 Q ZT STATE; - T OFFICC- PHONE (&/7) 71P: MOBILE ( 26 S - 54 - 43, EMAIL �'Of"Al 22�_ SURFACE OWNER U I NDER PAD SITES: J-hjFeqM,2,, XT06fic do A ADDRESS (no P.O, Boxer): 2- LZ,4Ty CITY: v-�Totj STATE, ..ZIP. 7 7�11-4 OFFICE PHONE (_) —, MOBILE EMAIL - P__ WELL INFORMATION: WEIJ, NAME: tJAI;T PAD SITE WELL NUMBER WELL API. 42-A 3 1 -_ L35, RRC PERMIT' NUMBER: ABSTRACT: X- COORDINATE: --2) 00'8 WELL NAME: B4 peto 'PAD WELL API: RFR: ABSTRACT: 716 - - , , SUY RV.EY-j;-­ -. 14) , X-COORDINATE'...:::; 7' WELLNAME: -Y LL NUMBE ......... i :-,Y- COORDINATE:: KV WELL NUMBER 4 -A WELL API: 42- UMBER: ABSTRACT: .... . .. X-COORDINATE.....-l'; Y COORDINATE:. . ......... VAllf SIT WELL NAME:� D LL NUMBER B WELL API 4 ABSTRACT: SURVEY: X-COORDINATE: ! 3M �, 6 7. // Y-COORDINATE; WL::LL NAME' WELL API: 42- ABSTRACT: X-COORDINATE: PAD SITE I WELL NUMBER RRC PERMIT NUMBER. SURVEY; Y-COORDINATE: PLEASE ATTACH ADDITIONAL PAGES FOR MULTIPLE OPERATORS, OWNERS AND ADDITIONAL WELLS City of Kennedale Oil and Gas Well Drilling Permit or no or does hereby expressly release and discharge all claims, demands, actions, judgments, and executions which it ever had, or now has or may have, or assigns may have, or claim to , have, against the City <rf Kennedale and /or its departments, its a eats officers, servants, successors, assigns, sponsors, volunteer's, or ernployecs, created by, or arising out of persona! injuries, known or unknown, and injuries to property , real or personal, or in any way incidental to or in connection with the personal of thew u performed by the operator undcr an Oil and Gas Well Permit and the operator caused by or arising out ui', that sequence of events which occur from the operator undcr the Oil and Gas Well Permit and work performed by the operator shall fully defend, protect, indertmify, and hold harmless the City of Kennedale, Texas, and /or its departments. agents, of6ccrs, servants, etnplovees, successors, assigns, sponsors, or volunteers from and against each and every claim, demand, or cause of acti liability, damages, obligations, judgments, losses, on and any and all Kennedale, Texas, fines, pcntrltics, costs, foes, and expenses incurred in the defense of the City Of and death in connectition con its departme !herewith whi nts, tigcnts, officers, servants, or employees, including, without limitation, personal injuries ch may be made or asserted by the Operator, its egenls, assigns, or any third parties on account or, arising not of, or in any way incidental to o, in connection with the Performance of the work performed by the t:)perator under an Oil and Gas Well Periiiit ;'attd,the Operator agrees to indemnify and hold harmless the City of Kennedale, Texas, and /or its departments, and /or its oftae�rs, agents, servants, employees, successors, assigns, sponsors, or vo[unteers fiunt any liabilities or darnagcy xuffered as a rC of, claitns;,demands; " „' " "' officers, a • gOS'ts,r judgments against the City,.;and /or, its departments, its Lents,: servants; or,etitployees;ucreated by; pi„ ising.otit of.tlleJ %dTS ur omissions of the' Cityi of Kennedale, occurring on the drill site or` operation site in the course and i's'6bi5e i'aC iif �t c"ing 'tini3 tai LIMITED TO, CLAIMS AND DA Pcrmi ng4he :gas wells INCLUDING, BUT NOT THE CiTY OF KENNTDAi.F :ARCSI�VG'Y` OC:C.>i7ltkLt7YG.. ON 'E Hk, YiL :�' ;UR IN,1'ART M THE SOLE NEGLiCF.NCF OF `C'OI'L Uh 1N51'kC:'P1NG AND P ' DRX � Ef OPERATION SITE 1N THE C;OUR AND ERM1;TTjI1�TG TFI1>: OIL AND 17 ';!►X ,; I ,, -IT TS tINDT! I2y'I'UUll AN THAT Talk; i1V Ul;1v1N!'1'Y PKUVI'DED •,•;Ci{Ri1ii;r TRlS SFCTIOIV" "7iS D AGREED "' •.• AN;,J;1NDIr.MNITY EXTENDED BY THE UPERATUR TO •;lNDEMNTF:,Y,. 9 jVD''•PROTI�C1 fill; '•C11`Y OF '... KENNEDALE, TEXAS AND /OR ITS NE FN N E GLIG ENCE A(Ci>;'�1V'X'S "'O C�>t2S, SERVANTS, Olt�9M.PLOYEES Fi6m THE CONSF.Qi1r OF 7111E NECLIGENC:E OF THE ClT'Y 0�,:,:1�1yN,EDALE TEXAS�i:�41�1 ...,. :' ; ,.,,......_ n /OR iTS DEPARTMENTS, AGENTS, OFFICERS, JEIiVAN "1'a, UK L MI'L , UXEES;; . �1~TFI;E,R••TH4rT N]r.C"IT T�� , '.r s... C.._ r,G • •Z • JS THE SOLE OR CONTRiBIt'r'ING (:,AU OF THE RESULTANT iN.TT.1R• T" j� ' � � A� Y, ! ' S " " .lEl ,, DXO b GE':';...0j� iLXTY FOR 1'LIE SOLE NEGLIGENCE CITY IN THE COURSE AND S.COI' � O i`Y�' :;p17 11YSY$C7 AN D PERMIT THF. GAS WFi,T, rS r,r M i T r. TO THE MAXIMUM AMOUNT" OX'7ZECOiV lXi`U1?ER THE TUR i CL'A'L1V(.S' AC.kNQWLEDCEMENIS^ , I certify that the above'`int .. rriiatioq;ir o,. s• correct and cdirplcic and th.i�C •., or' . • •, .. proposal to the permit aiifhoi'ity ai i I ir;blTtairrecl a Siieaittl Fxcu tiun RarCl of hi,,, am now and will comply w kb a pulations by 1 t h f P il e Cit e cif Kennedale �,6 T c �AJjtrstiitciii ";tin�3r�' .,.rt Gals. „+�E7P urthcr certify that 1 have read, understand and will c with the informal ion contained in the Gas•Driilii�;, ;Ilroduction Chapter of the Code of the City of Kennedale: The terms jil p1q)\ of the "Gas Drilling and ProductFoii "' of the Code of'Elie•City of Kennedrile, as amended, arrc; incorporated into this Gas Drilling and Production Permit as if written word herein andshall be . considered terms nrtd cottdil.ions of t}tu Portnit applied Cur. 01)croWr, .� �".. _ ... �'�°; .'; - „,;��j�i1l:'Fi;iii•',•;i;jl4"' .. .,v Signature'-:"' - - -- YLLr' :,.:•° ;i_:: =::_ .:. Date.. o BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, oil this (lay pursonally arppe-arud L 774 1? Lf (owner or agent name), known to me to be the person whos rlc cd of - e name is subscribed to the foregoing instrument, an acknowledged to rite "hut flu/ executed same for the purposes and consideeation therein expressed a ••• -_I~, and in the capacity therein stated. s the act and I4- C ITY OF KENNEDAL BOARD OF ADJUSTMENT Name KI CNC v Work Phone $1 - $ Z Home - 7 -0 7 - 154V — Mailing Address 8l0 hb16rioN .STREET. f 1-Jol -7NZ 76 16 Z Name Home Work Phone - "XAS 72 Mailing Address 1 o1 �� Property Location 1 01 9601V N / tQ- C l< I &A d .--r nnrt str"tl Legal Description ote: Attach metes and bounds description if property is not platted. ming District Describe Special Exception requested- G� 6W6r4L j0QiLLS /Tl I declare that the above is true and correct. 5/2a /07 Signature of Applicant Date FOR STAFF USE ONLY Indicate arty 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 the proposed use al and orderly develop the proposed use: impede normment? include adequate utilities, access roads, drainac 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 parkir space regulations of the district in which it is located? Comments Recommendation A pproval Disapproval If disapproval give reason: (Zoning Official) (City Administrator) 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? Yes or o 2. is this a remodel of an existing structure? Yes or 9 3. Is this new construction? Name; Namr l Date: 612-410 Phone # Dl - //ENERGY Basped 'B'Padsite Southern Tarrant County Wellhead Pattern Detail 60 Steel Pits Steel Pits I Mud Storage Mud Storage Water Water Temporary Diesel Tank Mud Logger Pump 1 � Pipe Baskets 200' Derrick lgydOYT MT ............... . Pump 2 Production Facility Dog Pipe Racks 3' containment Rinc House 00 210 Barrel Water Storage 0 B'X 14' I o Separator 2'X 8' — IN 3" X 12' MILLY-1— Meter Run 50 Mu d /Directional Tool Pusher F mu I Trailer Trailer L--22L—� 400' Production Facility Detail 21 Barrel 8'x 14 Water Storage If GM i�j From Wellhead Separator 2'x 8' -Mll SO, OR" A Development Site Plan Basped Lease XTO Energy Inc. Sanitation Facilities No permanent sanitation facilities shall be constructed on the proposed drilling or production site. All sanitary facilities shall be maintained by an approved contractor at XTO's expense. All sanitary waste shall be collected in leakproof vessels and removed to an approved disposal facility. The padsite shall have two or three portable office /housing trailers set on the location for the purpose of continuous on -site engineering and well site management. All wastes generated from these sources shall be contained in vessels capable of containing liquid or solid waste and disposed in approved disposal facilities. Access Road Construction XTO Energy shall construct a 20' X 600' primary lease access road into the wellsite from the existing entrance at Hudson Village Creek Road. The access road will be designed and constructed to provide an all weather driving surface and stabilized entrance from the paved surface with hydraulically sized culverts and precast safety treatment. The entrance shall be recessed approximately 75' from the pavement to accommodate the turning radius of large trucks and the safety of traffic from Hudson Village Creek Road. Fire Department access will be provided in accordance with all local, state and federal requirements. The access road shall be constructed of 6 " -9 "of compacted rock to be crowned and ditched to shed water. Padsite Construction The drilling padsite shall be leveled to provide a flat surface for the drilling and completion operations. The padsite shall be covered with 6 " -9" of crushed limestone then compacted to provide an all weather surface capable of allowing a safe work area for the drilling and completion activities. The approximate proposed dimensions of the padsite shall be approximately 400' X 428'. Prior to construction of the padsite and access road a silt fence shall be erected along the perimeter of the proposed areas of disturbance to ensure that no unnecessary erosion occurs from the surface disturbance activities. The selection of the padsite inside the gravel pit was dictated by the surface owner to accommodate the current use plan of the gravel pit operation. Driveways and Parking Spaces No driveways or parking spaces are intended for this gas well location. The padsite location is proposed on private land and XTO's construction plans for the access road and padsite shall not adversely conflict the general public or adjacent developments. The siting of the proposed access shall not conflict with the activities on Harrison Jet Gun property or the movement of traffic along Hudson Village Creek Road. The proposed entrance to the Jet Guns lease is approximately 900' west of the Main Jet Guns entrance at 6915 Hudson Village Creek Rd. XTO and its contractors shall only use the designated lease entrance for gas well activities and sufficient distance exists between these two a�a roads to allow for adequate sight distance ratios between the two entrances to this property for traffic to negotiate the egress and ingress. Erosion Control Prior to all dirt construction activities XTO shall require its contractors to install silt fences to minimize soil losses due to erosion. The access road and padsite shall be carefully leveled to accommodate all existing land contours and not create and ponding or runoff of water. If necessary, all disturbed areas shall be hydromulched to minimize soil erosion from disturbed areas. A storm water pollution plan is not required for this project. The construction of this access road and padsite shall not be constructed in any floodplain or floodway and therefore will not cause any increase or decrease in the natural flow of water in this pasture or quarry area. Reserve Pit XTO proposes to construct a reserve pit for the storage and use of fresh water for the drilling and completion activities of the gas well. This storage pit shall have approximate dimension of 125'X 125'X6'. This pit shall be constructed in cut material and shall have bermed walls approximately 3' above ground level. The pit shall be lined with a PVC material not less than 8 mil thick conforming to the guidelines set forth in the Railroad Commission of Texas' Rule 8. The liner shall be installed and constructed to be placed on smooth pit surfaces free of rocks or debris that could puncture the plastic material. All seams shall be sewed in a manner that will confine the fluids to the pit and not allow for any seepage. Truck Routes and Access Points Refer to the attached aerial photograph and landuse plat for the access route from Hudson Village Creek Road. Environmentally Sensitive Areas The access road and padsite construction activities proposed for this well shall not take place in any floodplain, creek or stream crossings. The surface owner of the lease is Harrison Jet Guns Inc., 8552 Katy Fwy. Ste. 130, Houston, Texas 77024 The Applicant is XTO Energy Inc. whose address is 810 Houston Street, Fort Worth, Texas 76102 (817) 885 -2621. Primary Contact: Walter Dueease (817) 885 -2621. XTO Energy Inc. certifies that this well shall be drilled, completed and operated in conformance with all applicable local, state and federal laws. W AC'O AM4,14A-1 Walter Dueease Basped Lease Fire Department Permit Requirements 1. XTO Energy shall install a Knox "box" entry key system at the entrance to the Basped lease entrance on Hudson Village Creek Road. The Fire Department shall have the combinations or additional keys to any padlocks that XTO places on the entrance. 2. XTO shall order and install a 3' X 3' sign to be framed in 1 /2" angle iron to prominently state the well name and number, operator, physical address, phone numbers in the event of an emergency and the NFPA diamond with description of products contained in the production tank. This sign will be placed at the entrance to the Basped lease off of Hudson Village Creek Road. 3. I have received the fax copy of the Fire Apparatus Access Roads provision and pursuant to our discussion we have agreed that the proposed padsite dimensions of approximately 300' X 320' and access road width of 20' will conform to these standards for an adequate access and turning radius of fire and emergency apparatus. 4. Attached please find a copy of the aerial photograph referencing the proposed drill site and property surrounding the project area in excess of 1000'. Pursuant to our discussion this photograph meets your purpose in identifying all items listed within 1000' of the proposed well site. When the well is under completion and guy wires are anchored into the ground, XTO or its contractor will clearly identify or mark the lines to be visible to not cause any hazard. No guy wires are utilized during the drilling operations. Also attached please find our typical well site diagram referencing the components of the drilling and completion site and the contents of the two vessels. Included in this package is a copy of XTO Energy's Emergency Response Plan. Tab `B" contains the emergency information for our activities in the various counties and cities in which we conduct our activities. The emergency information for the City of Kennedale in located on pages 64 and 65. Should you notice any errors or have any suggestions in this information please contact me. 6. XTO Energy will reasonably compensate the City of Kennedale or any other public safety entity for costs related to response to and/or control of an incident at or related to an XTO operated well site. 7. XTO Energy shall promptly notify the Director of Public Works and the Fire Marshal of any changes to our address, contact names or numbers or emergency response plans. 8. A sign will be place at the entrance gate as described in item #2. All tanks and vessels on the drill site shall be clearly labeled with the tank contents and NFPA diamond. I 9. A Knox "box" shall be installed on the entrance gate to the Jet Guns for Fire Department access as described in Item #1. 10. The entrance to the Jet Guns and Basped leases from Hudson Village Creels Road shall be gated and locked when supervisory personnel are not on location to prevent access to the site by unauthorized personnel. Once the well is completed and production facilities are constructed, all production equipment shall be secured with a chain link fence, to be gated and locked. 11. Remote foam lines shall be designed and built to the reasonable specification of the Fire Marshal. The construction of the foam lines shall be installed upon the commencement of the completion activities when gas and produced water are flowing to the surface and are stored or processed through surface vessels. 12. A fire hydrant is located within 600' of the proposed well site. XTO Energy shall work with the City of Kennedale to supply fittings for conversion of connections from water tankers to City fire trucks. 13. XTO Energy shall notify the City of Kennedale a minimum of 24 hours in advance of the use of any explosives being transported to, used on or transferred off of the Jet Guns and Basped gas well locations. XTO Energy Gas Well Proposal Basped Lease Gas Well Operations Notes City of Kennedale, Texas XTO Energy proposes to seek approval from the City of Kennedale to construct an all weather access road and padsite, drill 1 Barnett Shale horizontal gas well and install a buried gas flow line to remove natural gas from the lease to be delivered to nearby markets. The Basped lease consists of approximately XXX acres bounded on the south by Hudson Village Creek Road. The proposed development of the minerals beneath the Basped lease will consist of the drilling a horizontal gas well to approximately 8,000'. The proposed padsite falls within the city limits of Kennedale. This well shall not be drilled less than 600 feet from any place of residence, assembly, education or institution. The activity surrounding the drilling, completion and production of this gas well shall not conflict with existing or future development of properties in this area. Well Specifics Construction This project will have an all weather access road approximately 600 feet in length constructed with crushed rock to provide proper drainage with ditching on the sides of the roadbed. The padsite will be accessed from an existing entrance off of Hudson Village Creek Road and course easterly to the drillsite. The primary access shall be designed and constructed to provide a stabilized entrance from the paved surface with hydraulically sized CAMP or RCP culverts and precast safety treatment. The entrance will be secured by a locked gate which will be recessed onto the private property to accommodate the turning radius of large trucks and safety of traffic from Hudson Village Creek Road. Fire Department access will be provided in accordance with all local, state and federal requirements. The wellsite area shall require an all weather crushed rock padsite of approximately 400' X 428'. Construction of the padsite usually takes 7 -10 days with all construction activities taking place during the daylight hours. The proposed padsite shall be situated between the Jet Guns south fence line and the TRWD ROW as depicted in the attached landuse plat. Drillin This padsite is constructed for the purpose of drilling and producing Barnett Shale gas wells from a single padsite. This single padsite uses available low - impact land for the purpose of minimizing the footprint of the rig and production activities and to access the Basped and other adjacent leases from a single site. Once the pad is constructed a drilling rig is mobilized and erected on the padsite. Drilling operations generally take 25 — 30 days and are performed on a continuous 24 -hour basis until the well is drilled to total depth and production casing is run and cemented in the well. A 12 -1/4" hole will be drilled to approximately 1400' and 8 -5/8" surface casing will be run and cemented in place. This casing string is intended to protect the upper portion of the hole from sloughing and to protect the surface groundwater formations as directed by the Texas Natural Resource Conservation Commission (TNRCC). Blowout prevention safety equipment will be installed on the surface casing at this time. A 7 -7/8" hole will be drilled vertically to approximately 6,000'. Directional drilling tools will be utilized by the rig to intentionally deviate the wellbore to a pre determined bottom hole location in a horizontal manner. The well will be drilled to approximately 8,000' into the Barnett Shale and 5 -1/2" production casing will be run and cemented into the well. Due to the 24 hour operations some noise interruptions will be encountered by those residents nearby the wellsite from the rig and some associated machinery and vehicles. Additionally, the rig is equipped for night time operations with low intensity lights for safe working conditions. At the end of the drilling operations the rig will be mobilized from the padsite and the location will be prepared for the completion operations. Completion Completion operations will consist of fracture stimulation, running tubing into the wellbore and flow testing the well. Fracture stimulation consists of pumping water and sand into the well with high pressure pump trucks. Fracture stimulation is necessary for completing wells in the Barnett Shale formation due to the extreme density of the rock and the necessity of increasing the flow path of the gas into the wellbore. Most fracture stimulation takes three days and generally occurs during the daylight hours. After the well is fracture stimulated it must be flowed to the surface to recover some of the water and sand pumped into the well. All well fluids will be recovered at the surface in specialized storage tanks preventing any fluid from reaching the ground. Gas will be allowed to flow to the surface and may be flared for 1 -2 days until the well flows into a gas sales line. After 10 -14 days a completion rig may be utilized to run 2 -3/8" production tubing in the well to facilitate gas production. The completion rig will operate for up to 4 days during the daylight hours and some noise interruptions may be experienced by residents near the wellsite. Production Production operations require the installation of one or more low profile (8' tall) produced water storage tanks, a gas /water separator, wellhead and metering equipment to measure the flow and volume of the well's production. The equipment will generally be confined to the padsite with the exception of the flowline that will begin at the padsite and will be buried approximately 48" below the surface and will tie into an existing gas gathering system in the area. The padsite will be screened, landscaped or fenced in a i manner that meets the requirements of the surface use agreement of the landowner and the requirements of the city of Kennedale. The model for an average Barnett Shale well estimates a 15 year production life with the possibility of an additional re- fracturing procedure after 3 — 6 years. Not all Barnett Shale wells will be refractured and this decision is based on the quality of the well and the economic viability of the process to regain substantial gas reserves. No noise or visual impacts from lights should be experienced from nearby residents during the production phase of the well. The nearest residence is located approximately 689' southwest of the proposed wellbore and is outside of the city limits of Kennedale across Hudson Village Creek Road. Water consumption A typical Barnett Shale operation will require the use of fresh water. Water for the drilling and completion of the wells on this lease is proposed to be purchased from the City of Kennedale or another nearby water source. Waste Control Water and drilling mud utilized during the drilling phase of the well will be stored in steel circulation pits or a lined earthen reserve pit located adjacent to the well pad. The pit liner shall meet or exceed the current guidelines of Railroad Commission Rule #8. Ultimately, the free water and some drilling mud will be removed by vacuum trucks and disposed in an approved disposal facility under the requirements of the Railroad Commission. Fracture fluids and produced water from the production stream will be stored in one or more 210 barrel, 8' tall low profile tanks on the well pad. The tanks shall be situated within a secondary lined contaimnent berm capable of holding 150% of the tank volume. The tanks will also be equipped with a sensing device that will shut in the well should the tank become full. The contents of the tank shall be emptied periodically by a commercial operator and disposed in an approved facility under the requirements of the Railroad Commission. Surface Disturbance At the end of the completion activities all equipment not necessary to the production of the well shall be removed from the location. Any surface disturbance not necessary for the production operations shall be reclaimed to its original contour and seeded as specified by the surface owner. The well site shall be maintained in a safe and presentable condition and free of debris and unnecessary equipment. Floodplain The proposed activity on this property shall not located within the 100 year floodplain or any environmentally sensitive areas. Environmental Impacts The proposed gas development will be in compliance with all state and federal environmental regulations and will not adversely affect the floodplain, upland habitat, drainage patterns, erosion, water quality, or current or future use of the surface. Damage to public thoroughfares adjacent to this lease area directly caused by the proposed gas development will be restored to city and state standards, as applicable, as . the well is completed. Any substantial accumulations of dirt, dust and other debris deposited on public thoroughfares by gas development will promptly be removed. Drilling and production operations shall be conducted in a manner to minimize noise, vibration, dust and odors. Noise, vibration, dust and odors are generally limited to drilling, completion and re- working operations. These operations are limited to a few days to a few weeks. Noise impacts in the surrounding area will be more noticeable during the drilling and completion phases of the well. Virtually no noise will be experienced during the production phase of the well. Most internal combustion engines utilized during the drilling and completion phases of the well will be equipped with exhaust mufflers to minimize noise from the source. In the event that compression equipment will be required only electrical or natural gas powered compressors or motors shall be used for production purposes. Lighting will be directional on all nocturnal activities, toward the well site so that it will not be a nuisance or safety hazard to adjacent businesses, residential areas or public thoroughfares. Screening This property is currently used for agricultural and industrial purposes. Future development may consider residential development and XTO will comply with reasonable necessary landscaping, screening and other mitigation efforts to protect the view shed of the immediate area. Certification The wells on this lease have been filed for horizontal drilling and completion with the Railroad Commission of Texas and the Texas Natural Resource Conservation Commission. Once approval is granted XTO shall forward copies of all state approvals to the City of Kennedale. XTO Energy certifies that it shall comply with all requirements set forth by the Railroad Commission of Texas and the Texas Natural Resource Conservation Commission. ,l �l This plat does not represent a boundary survey. Acreage's shown hereon are deed called or calculated from deeds furnished by others. Monumentation shown hereon was found. Surface Location ties are shown from the location staked 1/15/07 The Bearing Base is "GRID ", N.A.D. 27' Datum, Tx. North Central Zone, Convergence: +00'09'25'.7 at the Surface Location. BUILDING WADE H HUDSON A - 716 ,f000' �i� I P SHED HARRISON JET GUNS ADD1770N I \ Called 162.38 I I o � \ \ \ HOUSE I o i ��'"""''' ^600' —1—II m` / / \ 1 nouSE HOUSE L r3 O / vAO cE1+reR I �'y S�ti 300' i , y a m / A(` S, 1 92_8 — 1 IN 923 ' J Sg _L, —___— -� N W Q i rROaon LEASE RoAU - r y a N 1 661 0.36 ACRES I •L` � OU�"E EMSIMO WATER LINE. 1 Y S I 1 9' 1 d , \ I I 1_ I i i i i X727 \ \ �dv 213' x/ HUDSUN VILLA(,& /G/ PCn irUmu / H �\ \\ MATTHEW MDERSON —600' —��� — — — 1000' 300 150 0 300 1000' 1 " = 300' N.A.D. 27 DA7UM TEXAS NORTH CENTRAL ZONE ** BASPED B WELL PAD CENTER ** N. 347736.89 E.' 2088707.34 LAT.: 3237'19 ".84 LONG: 977242".76 LANDUSE PLAT PROPOSED BASPED B WELL »» DPoNNG DIREC770M ••» PAD & LEASE ROAD AD GoSOU7N O EDEN ROAD t I MILES rO HUEDSM US 287 ro EDEN NLLAGE CRE£KROAD LOCATION SURVEY GO NEST av HUDSON VILLAGE CREEK ROAD 0.88 MILES TO LEASE ROAD ON NORTH TAKE LEASE ROAD TO PAD XTO ENERGY TARRANT COUNTY, TEXAS WALKER & ASSOCIATES SURVEYING INC. SC : 1" 6 TYLER, TEXAS PH: 9 03- 534 -900 VM (License or Permit - Continuous) Bond No. 104755975 KNOW ALL MEN BY THESE PRESENTS: Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183 THAT WE, XTO Energy Inc., 810 Houston Street, Suite 200 Fort Worth, TX 76102 as Principal, and Travelers Casualty and Surety Company of America a corporation duly incorporated under the laws of the State of Connecticut and authorized to do business in the State of Texas as Surety, are held and firmly bound unto City of Kennedale, Texas, 405 Municipal Drive Kennedale, TX 76060 as Obligee, in the penal sum of One Hundred Thousand & No /100 ($100,000.00) Dollars, for the payment of which we hereby bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. WHEREAS, the Principal has obtained or is about to obtain a license or permit for Operator of Wells NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Principal shall faithfully perform all duties and protect said Obligee from any damage caused by the Principal's non - compliance with or breach of any laws, statutes, ordinances, rules or regulations, pertaining to the license or permit issued, then this obligation shall be null and void; otherwise to remain in full force and effect. This bond shall become effective on the 16th day of May 2007 PROVIDED, that regardless of the number of years this bond is in force, the Surety shall not be liable hereunder for a larger amount, in the aggregate, than the penal sum listed above. PROVIDED FURTHER, that the Surety may terminate its liability hereunder as to future acts of the Principal at any time by giving thirty (30) days written notice of such termination to the Obligee. SIGNED, SEALED AND DATED this 16th day of May 2007 XT nergy Inc. By: A , Principal Travelers Casualty and Surety Company of America By: Ana, 01 T resa Godsey, Attorn, in -Fact S -2151A (02 -00) THIS POWER OF ATTORNEY THE RED St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 001266331. KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Suety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Teresa Godsey, Stuart L. Iverson, Linda White, and Brenda McCaw of the City of Fort Worth , State of Texas , their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted any actions orproceedings allowed by law. WITN6SCtObHEREOF, the CompA66 have caused this instrument; to be signed and the corporate seals to be hereto affixed, this er uay of Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company 24th St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company TY SU9Ely �Sy PftE 6 yw �I,N . °.�' ..;1NSUggws yJ ,?.[Y AN0 �FHO SU9 � e'OR POR " 4;• �d n' 6 o���4r e o �CDRPDRgTED �' AZ s • xv � re l, C1 iwjcc �' � 0 1927 � � = � �'t im =f: •g; w HARTFORD, F \ \ \ caaN. � N lass � z c 1982 0 "� n ' S: a CONN. o 1977 �+ 1951 m oz �b ; / k o ' � a + e * stis o o •........: L t �a.••.. •'d r sy + ' ,gyp: y``�+ECr~'�,� � /,� *� ii n t'OFh�y`N ,a,�c� � S • A�1,y% "• ` 1 as State of Connecticut City of Hartford ss. By: Georg Thompson, enior ice President 24th October 2006 On this the day of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. Witness Whereof, I hereunto set my hand and official seal. j Commission expires the 30th day of June, 2011. �,Cj Marie C. Tetreault, Notary Public O 58440 -8 -06 Printed in U,S.A. r WARNING: THIS POWER OF ATTORNEY IS INV WITHOUT THE RED BORDER A T�+ CER L I AB I LI TY I NSURANCE DATE (MM /DD/YYYY) PRODUCER Wm. Rigg Co. 5/15/2007 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 777 Main street, suite C - 50 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, Fo rt Worth TX 76102 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW (817) 820 -8100 (817) 870 -0310 INSURED INSURERS AFFORDING COVERAGE NAIC # XTO Energy Inc, XTO Resources I, LP INSURER& Chubb Custom Insurance Co and XTO Resources Pipeline, LP INSURERB: Hartford Casualty Insurance Co 810 Houston Street, Suite 200 INSURERC: Steadfast Insurance Co Fort Worth TX 76102 INSURERD: New Hammel,;,a THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLIC PERIOD INDICATED Y O. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR Anne GENERAL LIABILIT Y A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE [i] OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY I ANY AUTO 79545567 46UENIY8502 EXCESS /UMBRELLA LIABILITY X1 OCCUR 0 CLAIMS MADE I UNB5345457 -02 DEDUCTIBLE EACH OCCURRENCE 4/1/2007 4/1/2008 DAMAGE TO RENTED PREMISES Ea occure MED EXP (Any one pei PERSONAL & ADV INJ GENERAL AGGREGAI PROD? ICTB - nnMD /n 7/28/2006 4/1/2007 COMBINED SINGLE LIMIT 7/28/2007 (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC AUTO ONLY: qGG EACH OCCURRENCE 4/1/2008 AGGREGATE $ 100, $ 1,000,000 $ 2,000,000 $ 2,000,000 1,000,000 $ $ $ 15,000,000 6 15,000,000 ER/PA RTNER/EXECUTIVE RETENTION $ 10,000 $ COMPENSATION AND $ S'LIABILITY WC7206362 9/28/2006 9/28/2007 2E. WC' lIMIT OTH- IETOR/PARTNER/EXECUTIVE ACH ACCIDENT $ 1,000,000 MBER EXCLUDED? be under ISEASE - EA EMPLOYE $ 1, 000, 000 OVISIONS below R SEASE - POLICY L IMIT $ 1,000,000 Refer below for OEE limits. Operators Extra 8755900 Expense 4/1/2007 4/1/2008 ESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS OPERATORS EXTRA EXPENSE INSURANCE LIMITS FOR 100% INTEREST. WELLS IN AREAS I, II, IIW, III, IV: $51000,000 ANY ONE ACCIDENT OR OCCURRENCE - COMBINED SINGLE LIMIT. CARE, CUSTODY AND CONTROL: $1,000,000 ANY ONE ACCIDENT OR OCCURRENCE. FLOOD COVERAGE INCLUDED. RE: BOND NUMBER 104755975 FOR OPERATOR OF MULTIPLE WELLS (CONTINUED) UM IIII� ITY OF KENNEDALE )5 MUNICIPAL DRIVE ,NNEDALE TX 76060 -ORD 25 (2001/08) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL RUDEQDR7itID MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AUTHORIZED REPRESENTATIVE q © ACORD CORPORATION 1988 DOC (10/2003) Railroad Commission of Texas PERMIT TO DRILL, RECOMPLETE, OR RE -ENTER ON REGULAR OR ADMINISTRATIVE EXCEPTION LOCATION CONDITIONS AND INSTRUCTIONS Permit Invalidation. It is the operator's responsibility to make sure that the permitted location complies with Commission density and spacing rules in effect on the spud date. The permit becomes invalid automatically if, because of a field rule change or the drilling of another.well, the stated location is not in compliance with Commission field rules on the spud date. If this occurs, application for an exception to Statewide Rules 37 and 38 must be made and a special permit granted prior to spudding. Failure to do so may result in an allowable not being assigned and/or enforcement procedures being initiated. Permit expiration. This permit expires two (2) years from the date of issuance shown on the permit unless actual drilling operations have begun. The permit period will not be extended. If a permit is materially amended, the expiration date is two (2) years from the time the amended permit is issued. Drilling Permit Number. The drilling permit number shown on the permit MUST be given as a reference with any notification to the district (see below), correspondence, or application concerning this permit. Rule 37 Exception Permits. This Statewide Rule 37 exception permit is granted under either provision 37 (h)(2)(A) or 37(h)(2)(B). Be advised that a permit granted under 37(h)(2)(A), notice of application, is subject to the General Rules of Practice and Procedures and if a protest is received under Section 1.3, "Filing of Documents," and /or Section 1.4, "Computation of Time," the permit may be deemed invalid. Before Drilling Fresh Water Sand Protection. The operator must set and cement sufficient surface casing to protect all usable - quality water, as defined by the Tx Natural Resource Conservation Commission. Before drilling a well, the operator must obtain a letter from the Texas Natural Resource Conservation Commission stating the depth to which water needs protection, Write: Texas Natural Resource Conservation Commission (Surface Casing- MC151), P.O. Box 13087, Austin, TX 78711 -3087. File a copy of the letter with the appropriate district office. During Drilling Permit at Drilling Site. A copy of the Form W -1 Drilling Permit Application, the location plat, a copy of Statewide Rule 13 alternate surface casing setting depth approval from the district office, if applicable, and this drilling permit must be kept at the permitted well site throughout drilling operations. *Notification of Setting Casing. The operator MUST call in notification to the appropriate district office (phone number shown the on permit) a minimum of eight (8) hours prior to the setting of surface casing, intermediate casing, AND production casing. The individual giving notification MUST be able to advise the district office of the drilling permit number. Completion of Drilling Producing Welt. Statewide Rule 16 requires that the operator submit a Form W -2 (oil well) or Form G -1 (gas well) to the appropriate Commission district office within thirty (30) days after completion of such well. Completion of the well in a field authorized by this permit voids the permit for all other fields included in the permit unless the operator indicates on the initial completion report that the well is to be a dual or multiple completion and promptly submits an application for multiple completion. All zones are required to be completed before the expiration date on the existing permit. Statewide Rule 40(d) requires that upon successful completion of a well in the same reservoir as any other well previously assigned the same acreage, proration plats and P -15s (if required) must be submitted with no double assignment of acreage. Dry or Noncommercial Hole. Statewide Rule 14(b)(2) prohibits suspension of operations on each dry or non - commercial well without plugging unless the hole is cased and the casing is cemented in compliance with Commission rules. If properly cased, Statewide Rule 14(b)(2) requires that plugging operations must begin within a period of one (1) year after drilling or operations have ceased. Plugging operations must proceed with due diligence until completed. An extension to the one -year plugging requirement may be granted under the provisions stated in Statewide Rule 14(b)(2). Intention to Plug. The operator must file a Form W -3A (Notice of Intention to Plug and Abandon) with the district office at least five (5) days prior to beginning plugging operations. If, however, a drilling rig is already at work on location and ready to begin plugging operations, the director or the director's delegate may waive this requirement upon request, and verbally approve the proposed plugging procedures. district *Notification of Plugging a Dry Hole. The operator MUST call in notification to the appropriate district office (phone number shown on permit) a minimum of four (4) hours prior to beginning plugging operations. The individual giving the notification MUST be able to advise the district office of the drilling permit number and all water protection depths for that location as stated in the Tx Natural Resource Conservation Commission letter. * NOTIFICATION The operator is REQUIRED to notify the district office when setting surface casing, intermediate casing, and production casing, or when plugging a dry hole. Time requirements are given above. The drilling permit number MUST be given with such notifications. DIRECT INQUIRIES TO: DRILLING PERMIT SECTION, OIL AND GAS DIVISION PHONE MAIL: (512) 463 -6751 PO Box 12967 �� Austin, Texas, 78711 -2967 RAILROAD COMMISSION OF TEXAS OIL & GAS DIVISION rt. -- -nrr r nympp T PI.ITCT BACK. OR RE -ENTER ON A REGULAR OR ADMINISTRATIVE EXCEPTION LOCATION Data Validation Time Stamp: Mar 20, 2007 9:15 AM(, Curren versrun �� PERMIT NUMBER DATE PERMIT ISSUED OR AMENDED DISTRICT * 05 634988 Mar 20, 2007 API NUMBER FORM W -1 RECEIVED COUNTY TARRANT 42- 439 -32036 Mar 09, 2007 TYPE OF OPERATION WELLBORE PROFILE(S) ACRES NEW DRILL Horizontal 562.75 OPERATOR 945936 NOTICE This permit and any allowable assigned may be XTO ENERGY INC. revoked if payment for fee(s) submitted to the Commission is not honored. District Office Telephone No: (940) 723 -2153 WELL NUMBER LEASE NAME BASPED UNIT B 1 H TOTAL DEPTH LOCATION 1.6 miles SE direction from KENNEDALE 12000 Section, Block and/or Survey ABSTRACT { 716 SECTION { BLOCK { SURVEY{ HUDSON, W H DISTANCE TO NEAREST LEASE LINE DISTANCE TO SURVEY LINES 192 ft. 233 ft. S 927 ft. W DISTANCE TO NEAREST WELL ON LEASE DISTANCE TO LEASE LINES 233 ft. S 927 ft. W (OFF LEASE) See FIELD(s) Below FIELD(s) and LIMITATIONS: * * SEE FIELD DISTRICT FOR REPORTING PURPOSES ** PERMIT IS GRANTED PURSUANT TO STATEWIDE RULE 37(h)(2)(B) ** THIS CASE NO. 0251037 ACRES DEPTH WELL # DIST FIELD NAME NEAREST LEASE NEAREST WELL LEASE NAME - ------ - -- -------- -- - - - - -- -- - -- -- - -- - -- - -- -- ------------------------------------------ 562 11,500 B 1H 09 ** NEWARK, EAST (BARNETT SHALE) 192 30 BASPED UNIT ----------------------------------------------- WELLBORE PROFILE(s) FOR FIELD: Horizontal ---------------------------------------------- RESTRICTIONS: Lateral: TH1 Penetration Point Location Lease Lines: 192.0 F N L 1127.0 F W L Terminus Location BH County: TARRANT Abstract: 9 Section: Block: Survey: ANDERSON, M Lease Lines: 288.0 F S L 1253.0 F E L Survey Lines: 1780.0 F W S L 584.0 F EILY E L * *' PRECEDING FIELD NAME INDICATES RULE (R37) THE FOLLOWING RESTRICTIONS APPLY TO ALL FIELDS This well shall be completed and produced in compliance with applicable special field or statewide spacing and density rules. If th in formations, or underground storage of gas it well is to be used for brine mining, underground storage of liquid hydrocarbons salt for that specific purpose must be obtained from Environmental Services prior to construction, including salt formations, a permit drilling, of the well in accordance with Statewide Rules 81, 95, and 97. —1 — Data Validation Time Stamp: Mar 20, 2007 9:15 AM(, Curren versrun �� m DEPTH OF USABLl= QUALITY +GROUND WATER TO BE PROTECTED w C PLEASE READ ALL INSTRUCTIONS Thu information raqueoted is essential In arderfor this en to t'O�Rd an e m Hato r a ponce. Pfesse A llow for receipt c f this form in ourotfi, 3 cc, 7 F operation begins. Due to the volume of these rr$gtrest , at fI es, mayy be d cult for us io handle telephone inquirle5, Complete, kaGp the bottom ah Yet (goldenrod) [bryourfile3, .r p And mail the top 3 sF of the 4 -shut set of carbon - backed forma wtih A rhap to the aUdress below. pima sheet bearing g` at least two weeks before your fo the aPDroprtie Uit460 office or the Railroad Oommlggion, IndivWualg ar9 entitled to 9 our reepoliee will Ue returned t you, (goldenrod) d) f r ur sent o have question, hn hmv to fln out this form or s,bout the Surragg Casutg pmgrarn, please ques us et sly2heir per8onal Informs1icn that the sganny gathere on H s forma, If you 89.0515, ECEIV Q TCIiQ. at Casing - MG 151 TCEQ, D TCEQ File No,: SC- P -0, Box 13087 X307 AR 12 ZOE1�. Austin, TX 76711 -51787 f — — — — — — — _ — — _ Nttrne of Per;"on p this gUest & pho a No, plltll area code � . r ) to . I $�r 0 mpany (operators me a,,;: 0 f rm ^1) t CN I w I I(. Mai Ing Address o I f' FOLD z a CJ W U ''' ')�� `" - ' C�l I a. City £t11d 5tafe . - Z1P Coda ALWAYS INCLUDE A MAP SHOWING YOUR WEL( SITE AND ALL S'URROLIN jNG SURVEYS — r COUNTY — — Blpok No, Survey Name Township SOctl0b Or Survey N . Abstract No. A -� LEASE Name --- — (or) Lot No. Distances, in feet, and directi ns measured at ri W211 No. (NOT LEASE LINES ght angles # am e c of two in Section or faetfror» ( � ` lineand Distan Surve 3 ce (in miles) and direr�ion fr m a »earEty to n in thl (^ ty narnr= ih feat #turn 1 Init t t. CS `mo ( •n etgWn) line. API #, Gps Co THE ABCOvE INFORM 1 ATION IN T"IS BLOCK MUST BE COMPLETE AND CORRECT or X Y state plane) (� �-f RRC ► t� _ Lease No, 6RC Dicf tv� Elevation Total Depth Purpose of the equest; Naw grill ❑ 1 Is this an amended request? ❑ Yes L _ Geologic Fin. at T,D. Plug &Abandon ❑ tither (specify) — Previous r No, for this well; SC- ALWAYS attach ach t he electri m log o Log ad of ace ar'n ©arty Well (The applicable typo Of well log that shows the aquifers,) c please provide a location map or AP{# for attacfied log, t of arty wal(that is to be r9entered. Additional remarks: w Ir to rk to F LL W ag a ----------- - - - - - -- ___ _ To protect usable - quality 9.round water at this location, the n>cAS Coif SIONONENVjX0rMM gTAL QUALr y recommends: C0 -TA 'U'SUR- HUDSON'W.,LSE- RASPED UNIT,A- 716, #6/1500 The interval d:r the land surface to 20 feet below the base of ty1e,Cretaceous -age beds must be 1- ratocted. The base of th.e Cretaoeoua is est'mated to. occur at � $epth' a� 15'00-- f'�et: Very D. L'Step ., w1jo Date Gealog1 Sit ace Casjut, T ° ' NOTE: nieE •fated otherwis hrs recomm forprote of this ground water falls; under the jurls to and ptu99ing opetAS appl to a mm ons only. It does not a C ;"051(ftev.05. 10.2006) March 13, 2007 types,( by TC,EQ isa S ub j ect n ofTexea a Th T l & �ecommelotion i5 intended or�p ��j driP(ntion methods . � oPe+alfons into a nonprogUcfive zpttA (RRC Form W g: Production, ao�s�a� ffi > ;�yxl " i p Y pC iY. ztdr«"o�o & °¢> Yie 1 WILZ ZJ ��Oyr�OZd N�QWSmO�y�03�Z 0 =N2OO�NQ J o�"V ¢ io�ixox 4 ° °� �� $��� rJOg o ogo �Gi oo ° d� H ��5oda�o o 5 0 �1 01 0000OOM•FM OO�"02 NI�1(+JmSiN tpNtO NFNO��000 m J- a NN m ° n� O O, ��OI�OO OOOO�OI I�OOSQ Y� ��..jj d' �V' N �QPi Mi vi vi c•IN <�G�tV McV�tGN palnNN �N Wmcl vi rn lV.-ti ��NNN!'. < S oEEEE���EE"EmE�EBEEEE _EBoEEE$EEoEEEEE�EBEEEo 5 �33cai3cS33c53uc�3c�uc�S�cai�3A 28N8�c4c�333c�� °3cY3caigc�3c��c�c�c� iiiiiiiii Ji ll i 1ii1iiiiiiiiiii iiiiiiiiii'i JOSEPH E. WILSON A -1677 h1 N � x < ow x � to j W:3 Q¢w'pa7 8z�zuw��m ��Z�mU?�mulo Z Y• e3 N -7¢OG7 UN Z " a N94 Oz oN�z��� v" °o�� w F 6'WN� �- w I W ( e R2w 8:t ANN Na —N V all QQ r �� MN �m ON N q1i •e J m� J 11 j i Mo. AN 1 hl 4w M 0 qz i � ® O ® !, O ® • / O 1 �n N L u o ° C o w p N m W. f <i . W ° v r 15-0. c m m - o tOac� xrc�o € «+moz q ° E � � u c 1 ~zNUO= � d ° c in Z ..� _ t �+ N o " t C H C 9 tl1 0 J F /^�4 wSKOtyN-�ZOZ W ° wl ¢¢ n a Z z� G 0 7� Z W t " S C!p mm« U aaO 11llilililil ��W m ° o. ° cg �° u Z °, C-1 i ff F E ��wo xx Fi�� ry m z P W mzm <N. ..1-� W Y W ° e R 2 a o Z O ° o O o u � Z o � i i0 O O N O 0 0 0 0 0 x ?5 ALL � O I O O I � Q Z� I U } I a Z Oil M o N I � I 7 Y. N I .N Q 3 N Q I 0 yy I � N F-' W r i ° • Z , "t 9 IL Z a •• a''w = e to :t o } m w " is u s5� <Z W & � y ~ w 8i5 _'� k .J G a oa X Q Q� N 4 'a b 2 �. h O WIZ 4I O t e ki- Railroad Commission of Texas PERMIT TO DRILL, RECOMPLETE, OR RE -ENTER ON REGULAR OR ADMINISTRATIVE EXCEPTION LOCATION CONDITIONS AND INSTRUCTIONS Permit Invalidation. It is the operator's responsibility to make sure that the permitted location complies with Commission density and spacing rules in effect on the spud date. The permit becomes invalid automatically if, because of a field rule change or the drilling of another well, the stated location is not in compliance with Commission field rules on the spud date. If this occurs, application for an exception to Statewide Rules 37 and 38 must be made and a special permit granted prior to spudding. Failure to do so may result in an allowable not being assigned and/or enforcement procedures being initiated. Permit expiration. This permit expires two (2) years from the date of issuance shown on the permit unless actual drilling operations have begun. The permit period will not be extended. If a permit is materially amended, the expiration date is two (2) years from the time the amended permit is issued. Drilling Permit Number. The drilling permit number shown on the permit MUST be given as a reference with any notification to the district (see below), correspondence, or application concerning this permit. Rule 37 Exception Permits. This Statewide Rule 37 exception permit is granted under either provision 37 (h)(2)(A) or 37(h)(2)(13). Be advised that a permit granted under 37(h)(2)(A), notice of application, is subject to the General Rules of Practice and Procedures and if a protest is received under Section 1.3, "Filing of Documents," and/or Section 1.4, "Computation of Time," the permit may be deemed invalid. Before Drilling Fresh Water Sand Protection. The operator must set and cement sufficient surface casing to protect all usable - quality water, as defined by the Tx Natural Resource Conservation Commission. Before drilling a well, the operator must obtain a letter from the Texas Natural Resource Conservation Commission stating the depth to which water needs protection, Write: Texas Natural Resource Conservation Commission (Surface Casing- MC151), P.O. Box 13087, Austin, TX 78711 -3087. File a copy of the letter with the appropriate district office. During Drilling Permit at Drilling Site. A copy of the Form W -1 Drilling Permit Application, the location plat, a copy of Statewide Rule 13 alternate surface casing setting depth approval from the district office, if applicable, and this drilling permit must be kept at the permitted well site throughout drilling operations. *Notification of Setting Casing. The operator MUST call in notification to the appropriate district office (phone number shown the on permit) a minimum of eight (8) hours prior to the setting of surface casing, intermediate casing, AND production casing. The individual giving notification MUST be able to advise the district office of the drilling permit number. Completion of Drilling Producing Well. Statewide Rule 16 requires that the operator submit a Form W -2 (oil well) or Form G -1 (gas well) to the appropriate Commission district office within thirty (30) days after completion of such well. Completion of the well in a field authorized by this permit voids the permit for all other fields included in the permit unless the operator indicates on the initial completion report that the well is to be a dual or multiple completion and promptly submits an application for multiple completion. All zones are required to be completed before the expiration date on the existing permit. Statewide Rule 40(d) requires that upon successful completion of a well in the same reservoir as any other well previously assigned the same acreage, proration plats and P-1 5s (if required) must be submitted with no double assignment of acreage. Dry or Noncommercial Hole. Statewide Rule 14(b)(2) prohibits suspension of operations on each dry or non - commercial well without plugging unless the hole is cased and the casing is cemented in compliance with Commission rules. If properly cased, Statewide Rule 14(b)(2) requires that Plugging operations must begin within a period of one (1) year after drilling or operations have ceased. Plugging operations must proceed with due diligence until completed. An extension to the one -year plugging requirement may be granted under the provisions stated in Statewide Rule 14(b)(2). Intention to Plug. The operator must file a Form W -3A (Notice of Intention to Plug and Abandon) with the district office at least five (5) days prior to beginning plugging operations. If, however, a drilling rig is already at work on location and ready to begin plugging operations, the district director or the director's delegate may waive this requirement upon request, and verbally approve the proposed plugging procedures. *Notification of Plugging a Dry Hole. The operator MUST call in notification to the appropriate district office (phone number shown on permit) a minimum of four (4) hours prior to beginning plugging operations. The individual giving the notification MUST be able to advise the district office of the drilling permit number and all water protection depths for that location as stated in the Tx Natural Resource Conservation Commission letter. * NOTI FICAT ION The operator is REQUIRED to notify the district office when setting surface casing, intermediate casing, and production casing, or when plugging a dry hole. Time requirements are given above. The drilling permit number MUST be given with such notifications. DIRECT INQUIRIES TO: DRILLING PERMIT SECTION, OIL AND GAS DIVISION PHONE MAIL: (512) 463 -6751 PO Box 12967 r Austin, Texas, 78711 -2967 RAILROAD COMMISSION OF TEXAS OIL & GAS DIVISION nonn,rr -r -rn r.urr r T1RF?PFN. PIJJG BACK, OR RE -ENTER ON A REGULAR OR ADMINISTRATIVE EXCEPTION LOCATION PERMIT NUMBER DATE PERMIT ISSUED OR AMENDED DISTRICT 634987 Mar 20, 2007 * 05 API NUMBER FORM W -I RECEIVED COUNTY 42- 439 -32035 Mar 09, 2007 TARRANT TYPE OF OPERATION WELLBORE PROFILES) ACRES NEW DRILL Horizontal 562.75 OPERATOR 945936 NOTICE This permit and any allowable assigned may be XTO ENERGY INC. revoked if payment for fee(s) submitted to the Commission is not honored. District Office Telephone No: (940) 723 -2153 WELL NUMBER LEASE NAME BASPED UNIT B 2H TOTAL DEPTH LOCATION 1.6 miles SE direction from KENNEDALE 12000 Section, Block and/or Survey ABSTRACT { 716 SECTION { BLOCK { sURvEY { HUDSON, W H DISTANCE TO NEAREST LEASE LINE DISTANCE TO SURVEY LINES 134 ft. 233 ft. S 867 ft. W DISTANCE TO NEAREST WELL ON LEASE DISTANCE TO LEASE LINES 186 ft. N 867 ft. W See FIELD(s) Below FIELD(s) and LIMITATIONS: * * SEE FIELD DISTRICT FOR REPORTING PURPOSES ** THIS PERMIT IS GRANTED PURSUANT TO STATEWIDE RULE 37(h)(2)(B) ** CASE NO. 0251036 ACRES DEPTH WELL # DIST FIELD NAME NEAREST LEASE NEAREST WELL LEASE NAME -------- - - - -- - - - - - -- - -- -- - -- -- - -- - -- - -- -- ------------------------------------------ 562.7 11,500 B 2H 09 ** NEWARK, EAST (BARNETT SHALE) 134 30 BASPED UNIT ------------------------------------------------------- WELLBORE PROFILE(s) FOR FIELD: Horizontal ------------------------------------------------------ RESTRICTIONS: Lateral: TH1 Penetration Point Location Lease Lines: 312.0 F N L 134.0 F W L Terminus Location BH County: TARRANT Section: Block: Abstract: 9 Survey: ANDERSON, M Lease Lines: 253.0 F S L 248.0 F W L Survey Lines: 861.0 F WILY S L 1640.0 F WILY W L * *' PRECEDING FIELD NAME INDICATES RULE (R37) THE FOLLOWING RESTRICTIONS APPLY TO ALL FIELDS be completed and produced in compliance with applicable special field or statewide spacing and density rules. If this This well shall be for brine mining, underground storage of liquid hydrocarbons in salt formations, or underground storage of gas in well is to used for that specific purpose must be obtained from Environmental Services prior to construction, including salt formations, a permit drilling, of the well in accordance with Statewide Rules 81, 95, and 97. Data Validation Time Stamp: Mar 20, 2007 9:17 AM( Current Version) I DEPTH OF USABLE- QUALITY GROUND WATIER TO BE PROTECTED 30`8� PLEASE HEAD ALL INSTRUCTIONS Cn The Infonttation requested is essentlal to orderforthia 99en4y to provide an appropdata reaport e, Please allawfor receipt al thk+torm in our offices at leaat two weeks berory your oitttryiionbeglne, Duo tothgvolumeoftheserequsat &, 8ttimps it maybadffiadtforustohandletelephoneinquirias. Compt ate, kaeptrgbottom sheet (goldenrod) for your filas, —18 And mail the top a yhe9ts of th5 4 .tiset set of cerban•backed fonts with a map to thG address baIGW, pne sheet bg3ring our respUrsa wilt be returned to yyou. Anothervdtt ha sent CL to the approprtses d tdot office ar thQ Railroad Carnmisston.'IndNldva� are enutied to request antl rE view their pg 5onal infofmdtion that the 2gsncy ttg0ters on its loons. If you b have qu.06ns on hgwto fill out finis fo_or out the Sudace ding program, please cant ua et 51?l33B -051 B• C3. . • , RECEIVC Surface Casing - MC 151 Date r TCEQ Ftla No., SC- TCEQ 230$ P,O. Box 13087 MAR 1 2 2,. 7 .Austin, Tx 713x11 -3087 f — -- — — — — ,•— — -- — — — -- — — Name Of Person preEanno this request & fft No. (with area ootle) + 4 ' � qe Company (operator's nctm s C rm W -1) n JPOD AV(- , 4 ("/. FOw z W CL O ut a City and State ZJP Code, ALWAYS INCLUDrz A MAP SHOWING YOUR WELL SITE AND ALL SURROUNDING SURVEYS [Abstract UNTY Survey Name ck No. Township �h� Seed n or Su rvey o. (or) Lot No, No. A LEASE Nam tances in feet, and diret4 ' n mPasuretl at fi h of two intersecting ❑Section or Well No. T LEASE LINES) feet x from Solvay !i es Tine and feet from IinA. Distance (in tttiles) and direction from a rtearbv town In this THE ABOVE INFORMATION IN THIS $LOCI( AP) # GPS Coord.(tong/lat or X -Y state plane) cal P') NAl? Elevation fib Total De=pih 7 � C,eofogic m, at T.t Purpose of the Request : New Drill 11 Fte etrry ❑ plug & Abandon ❑ Other (specify) Is this an amended request? ❑ Yes No Previous File No, for this well, 5C. Log included of aame or nearbywell (The applicable type of well loo that shows the aquifers) Pleas provide a location map or API* for attached log, ALWAYS attach the efeotric log of any well that i$ to be reentered, Additional remarks: To protect usable quality ground water at this Iooatloh, the 7 XAS CohuvssTpfv ON E6 QoALrt7y recommends• C TARRAN',SUR— HUDSON W.,LSE— SASPED UNIT,A- 716, 46 /1500 The interval from the land surface to 20 feet below the base of the Cretaceous —age beds must be protected. The base of the Cretaceous depth of 1500 feet. is estimated to occur at a 19E COMPLETE AND CORREOT RRG Lease N RF1C Dist. No, r W Cr SJ ut Q t::w EC rn oU Z rr 82 Very .G 9 bate t747F�f3S stated umerwise, reoommanda ° for protection of this ground water falls under the jurJg and plugging oporatlons only. It does- not apply to TCE4 -0091 (Rev. 09- 16_200s) 1 ; 4 Har h 13, 2007 �,� typed by TCEQ Y to the subject well and not for area -wide use. Approval of the well•compiatlorr, methods alit q Commission otTexas. Thies recammentlation Is Intended for normal drfttigg, prpductlon, _ al OPsrationA into a nonproductlVA zone (RpC porn, W -14). �3' Sx N u o to u �° z_o rezu�a m¢°�m °w 'b¢o vlrc � °�� ° - � i ° °rco� ° d os 0 y' " i zQaUaw� ¢� �. w ° ° aLL� °x F � s° a o JV ° I° d µ� Q s x o ro�l -�ai '" €m€p�p,,9o��•'z�f= i�mw'W'�aaai apaaz¢m�oaa z `J'S aia�d L^oza o���� oz aazo �x °zz�-ao�rc °m W mQ¢66Q6`<Na66Q¢6aaQ¢666^��m ° 6�a�444Q U a N °cvm v�mNn + � a^a� or nono°omm o �c n iM�i v c < �U �J r ci's imma`ivi vi `J nigh NNu a a00009000�eooao��o�EvEdEvoBEEEdd if! 13.. . ° �88S °88S888Seu °8888uu ° u ° eu ° u ° 88 8888888888888888888888 m 1111111 llllllillll 111 lift 11 111 111111 I p IIII . I f 11 1p 1 cl Man�o�mmH� mmo� I �NMCmml�mm�.r- -����� NNNNNNNNNMMM ORA I N I g� o � ° N W m °4 aoo�z� ommL Z��FO <�oj Zvi a o -to F a'mz <ozd" wv¢i�� to FS 3ii f/ P ' f0 N m O W m W m 0 + mn W�Q W Qla�l� I i Qom �m �. TQ ZL�OSilzF2 F io °z in x xw izf�nw�� to z . to l a- w ° mz w z - w H • I■ • N1 W N • h o� N R NQ-otu ;M' ;ZmN�NN tz m �4 mm 5 m u T W I ka C O Q O 3 a _ S 00_05' E_ — _ 1376' 59 = A313 •001 '�2lnS w N ` CO 13M Hl8 i1Nn 03 Ave N to jN z z o w n j I a a. > N o m m - -, c ao Ng I g� g m n V a o v 3 Q rn °'6OQ CL'�O NC�•m �J WOW ~QyNW W2N Cc a p p✓ U m C U m W Z W N W N a y C VI ° 4 LL Z O EO <W �� �« x o � a v2�o « z ° a'r", a owomaLL °c n' o 'o 1 rc LL UL K.z W'o I-a u mN 2f- Ik O m?m4�r�m¢�M MIN C o n =°i 1 ,in i ® — O W) I O O I O 1 � n I �a il w I e 90 ® N I W I N Q W 81 I rl I I I I N2 5O� I i 6 22 J kk y co$ Cw t � I a < 3 N_ I I 2 6Q N �it. I � Q / \ f l C ® � SSW y i �Q i oo LU ' expo u T W I ka C O Q O 3 a _ S 00_05' E_ — _ 1376' 59 = A313 •001 '�2lnS w N ` CO 13M Hl8 i1Nn 03 Ave N to jN z z o w n j I a a. > N o m m - -, c ao Ng I g� g m n V a o v 3 Q rn °'6OQ CL'�O NC�•m �J WOW ~QyNW W2N Cc a p p✓ U m C U m W Z W N W N a y C VI ° 4 LL Z O EO <W �� �« x o � a v2�o « z ° a'r", a owomaLL °c n' o 'o 1 rc LL UL K.z W'o I-a u mN 2f- Ik O m?m4�r�m¢�M MIN C o n =°i 1 ,in i ® — O W) I O O I O 1 � n I �a il w I _ 93W so. I N 1 n I •I I N Q W 81 I rl I I I I I i 1 Q 5 ~ y co$ Cw t � I a < 3 N_ I I [ I � Q Y I V � a n Q M Q1 v e z o °b o .1 O o 0 0 V to Z o�Q v t0 K 0 0 I� ci 3 a d 4w �N O 4 � .y W C •�'v A U� 0a O 2 1.� j0 4 ® La Q 5 ~ y co$ Cw t Z W �rV J a y Q ® S ^ Z � c H 1 e e k k ® � SSW y a 5i 4 1�Z4� O LU ' expo � a n Q M Q1 v e z o °b o .1 O o 0 0 V to Z o�Q v t0 K 0 0 I� ci 3 a d 4w �N O 4 � .y W C •�'v A Railroad Commission of Texas PERMIT TO DRILL, RECOMPLETE, OR RE -ENTER ON REGULAR OR ADMINISTRATIVE EXCEPTION LOCATION CONDITIONS AND INSTRUCTIONS Permit Invalidation. It is the operator's responsibility to make sure that the permitted location complies with Commission density and spacing rules in effect on the spud date. The permit becomes invalid automatically if, because of a field rule change or the drilling of another well, the stated location is not in compliance with Commission field rules on the spud date. If this occurs, application for an exception to Statewide Rules 37 and 38 must be made and a special permit granted prior to spudding. Failure to do so may result in an allowable not being assigned and/or enforcement procedures being initiated. Permit expiration. This permit expires two (2) years from the date of issuance shown on the permit unless actual drilling operations have begun. The permit period will not be extended. If a permit is materially amended, the expiration date is two (2) years from the time the amended permit is issued, Drilling Permit Number. The drilling permit number shown on the permit MUST be given as a reference with any notification to the district (see below), correspondence, or application concerning this permit. Rule 37 Exception Permits. This Statewide Rule 37 exception permit is granted under either provision 37 (h)(2)(A) or 37(h)(2)(B). Be advised that a permit granted under 37(h)(2)(A), notice of application, is subject to the General Rules of Practice and Procedures and if a protest is received under Section 1.3, "Filing of Documents," and/or Section 1.4, "Computation of Time," the permit may be deemed invalid. Before Drilling Fresh Water Sand Protection. The operator must set and cement sufficient surface casing to protect all usable - quality water, as defined by the Tx Natural Resource Conservation Commission. Before drilling a well, the operator must obtain a letter from the Texas Natural Resource Conservation Commission stating the depth to which water needs protection, Write: Texas Natural Resource Conservation Commission (Surface Casing- MC151), P.O. Box 13087, Austin, TX 78711 -3087. File a copy of the letter with the appropriate district office. During Drilling Permit at Drilling Site. A copy of the Form W -1 Drilling Permit Application, the location plat, a copy of Statewide Rule 13 alternate surface casing setting depth approval from the district office, if applicable, and this drilling permit must be kept at the permitted well site throughout drilling operations. *Notification of Setting Casing. The operator MUST call in notification to the appropriate district office (phone number shown the on permit) a minimum of eight (8) hours prior to the setting of surface casing, intermediate casing, AND production casing. The individual giving notification MUST be able to advise the district office of the drilling permit number. Completion of Drilling Producing Well. Statewide Rule 16 requires that the operator submit a Form W -2 (oil well) or Form G -1 (gas well) to the appropriate Commission district office within thirty (30) days after completion of such well. Completion of the well in a field authorized by this permit voids the permit for all other fields included in the permit unless the operator indicates on the initial completion report that the well is to be a dual or multiple completion and promptly submits an application for multiple completion. All zones are required to be completed before the expiration date on the existing permit. Statewide Rule 40(d) requires that upon successful completion of a well in the same reservoir as any other well previously assigned the same acreage, proration plats and P -15s (if required) must be submitted with no double assignment of acreage. Dry or Noncommercial Hole. Statewide Rule 14(b)(2) prohibits suspension of operations on each dry or non - commercial well without plugging unless the hole is cased and the casing is cemented in compliance with Commission rules. If properly cased, Statewide Rule 14(b)(2) requires that plugging operations must begin within a period of one (1) year after drilling or operations have ceased. Plugging operations must proceed with due diligence until completed. An extension to the one -year plugging requirement may be granted under the provisions stated in Statewide Rule 14(b)(2). Intention to Plug. The operator must file a Form W -3A (Notice of Intention to Plug and Abandon) with the district office at least five (5) days prior to beginning plugging operations. If, however, a drilling rig is already at work on location and ready to begin plugging operations, the director or the director's delegate may waive this requirement upon request, and verbally approve the proposed plugging procedures. district *Notification of Plugging a Dry Hole. The operator MUST call in notification to the appropriate district office (phone number shown on permit) a minimum of four (4) hours prior to beginning plugging operations. The individual giving the notification MUST be able to advise the district office of the drilling permit number and all water protection depths for that location as stated in the Tx Natural Resource Conservation Commission letter. * NOTIFICATION The operator is REQUIRED to notify the district office when setting surface casing, intermediate casing, and production casing, or when plugging a dry hole. Time requirements are given above. The drilling permit number MUST be given with such notifications. DIRECT INQUIRIES TO: DRILLING PERMIT SECTION, OIL AND GAS DIVISION PHONE MAIL: (512) 463 -6751 PO Box 12967 ® Austin, Texas, 78711 -2967 RAILROAD COMMISSION OF TEXAS OIL & GAS DIVISION ouUTATr 'rn Butt T 7lFF.PRN. PLUG BACK, OR RE -ENTER ON A REGULAR OR ADMINISTRATIVE EXCEPTION LOCATION PERMIT NUMBER DATE PERMIT ISSUED OR AMENDED DISTRICT 634990 Mar 21, 2007 05 API NUMBER FORM W -I RECEIVED COUNTY 42- 439 -32037 Mar 09, 2007 TARRANT TYPE OF OPERATION WELLBORE PROFILES) ACRES NEW DRILL Horizontal 562.75 OPERATOR 945936 NOTICE This permit and any allowable assigned may be XTO ENERGY INC. revoked if payment for fee(s) submitted to the Commission is not honored. District Office Telephone No: (940) 723 -2153 WELL NUMBER LEASE NAME BASPED UNIT B 3H TOTAL DEPTH LOCATION 1.6 miles SE direction from KENNEDALE 12000 Section, Block and/or Survey 716 SECTION { BLOCK { ABSTRACT { suRvEY { HUDSON, W H DISTANCE TO SURVEY LINES DISTANCE TO NEAREST LEASE LINE 330 ft. 233 ft. S 897 ft. W DISTANCE TO NEAREST WELL ON LEASE DISTANCE TO LEASE LINES 233 ft. S 897 ft. W (OFF LEASE) See FIELD(s) Below FIELD(s) and LIMITATIONS: * SEE FIELD DISTRICT FOR REPORTING PURPOSES ACRES DEPTH WELL # DIST FIELD NAME NEAREST LEASE NEAREST WELL LEASE NAME ------------ - --- -- ------------------------------------- -------- -- - - - - -- - - -- NEWARK, EAST (BARNETT SHALE) 562.75 11,500 B 3H 09 330 30 BASPED UNIT ------------------------------------------------------- WELLBORE PROFILE(s) FOR FIELD: Horizontal ------------------------------------------------------- RESTRICTIONS: Lateral: TH1 Penetration Point Location Lease Lines: 330.0 F N L 1189.0 F W L Terminus Location BH County: TARRANT Section: Block: Abstract: 9 Survey: ANDERSON, M Lease Lines: 443.0 F S L 527.0 F W (COR) L Survey Lines: 1028.0 F S'LY W L 1668.0 F S'LY S L THE FOLLOWING RESTRICTIONS APPLY TO ALL FIELDS This be completed and produced in compliance with applicable special field or statewide spacing and density rules. If this in well shall is to be used for brine mining, underground storage of liquid hydrocarbons in salt formations, or underground storage of gas well salt formations, a permit for that specific purpose must be obtained from Environmental Services prior to construction, including drilling, of the well in accordance with Statewide Rules 81, 95, and 97. Data Validation Time Stamp: Mar 21, 2007 3:56 PM( Current version a DEPTH OF USABLE- QUALITY GROUND WATER TO BE PROTECTED 7 �{ PLEASE READ ALL INSTRUCTIONS Z > VT The tnfORYlflflOn requested i9 easenti3i in ORrttf fvr #h(G i�Rnpy #p pfrJyjde an eppropria[e (asponEe. Pleaee e1bW fer Y�t}Qj�t nr �N fpm in our OtfIC92 at Ieae ttWO Wa6iC. t18rOre uf r opeistion hegrn's. ouc Eo'thc volu rrQ pf these rWquests, at Umea, it mayte dll ffficuk for us to hendte telephone inquiries. Cpmpleta, keep the bottom anent (goldenrod) rot your tiles J p arKf rha l the top 3 cheats of the'4sheet eel of esrhon- bscked form : wrth s map to the 2tldres below. Cine sheet hearing our response wpt be rc{u,y tp yypu,.An i ther will be sent o Z to the appro pdete dletnct office of the Railroatl Commission. irxJ vidt ak ere entitled to request end ravlety their persons inram that the, agency gathare on Ite Perms., jr you, t7 t��ve Ltucstiun3 pn Hmv to fill otif This fo'rm'er about th e Su rf ace C esing prograrp, pira,�O crorrtact us et Si2/239 0515. D D ftECEIVEL1 7CEpe G I .. 1 - MG 761 Dat TCE© File No. SC- P.O.,Box.1.3087.. • .. .. ��� 2309 MAR z 2da� Austin, TX 76711'3087 1 -'" — — — — • -- — — — — — — _ . — - ame of person preparing thls equest & p e No. (with yorea Cone) r 1� n EM (Oi q6 7 I UJ V t%omp"Any(oper I its RR t) 1 & 1 City and State ZIP Code ( _ — CC� ALWAYS INCLUDE A MAP SHOWING YOUR WELL SITE AND ALL SURROUNCiINta Stj V_ Ey FOLD COUNTY V VO V1 TA Z a: n. b uI tl urvey Name Block No. Township Section r Survey No (or) Lot No, Abstract No. A - LEASE Name' Distances, in feet, and directin s ensured at right angles fr n e c of two intersecting 0 S ectlon or 5ury ell N (NOT LEASE LINES) feet from line and feet froth line. bi6tat54e (in miles) and diirectiori from a nearby townjn this County fnEtrna #hP tnwnt API # THE ABOVE ,ATION IN THIS BLOCK 'MUST IRE COMPLETE AND 0FIRECT QQQ RRC Lease No� RRC Dist No. DD -J NA GPS Coord.(lonoat or X - stata plane) It Elevation Total Depth Rurjsose'af the Request; New Drill ❑ f Is this an amended request? ❑ Yes No Geologic Pm. at T.D. �( & Abandon ❑ Other (specify) — Previous File No. for this well: SG- o Log included of same or nearby well (The applicable We of well log that showe the aquifers,) Please provide a 1 0000n reap or API# for attached log, ALWAYS attach the 0100ttio.iog of any well that is to be reentered. Additional remarks: i , t W cc ul � o � m 3 }. a 0 U ;z ~ 2 C7 � O c , To protect usRbJ0- qual1ty ground water at this location, the ny,A„s Co*l> zSSION ONE'MmoNr. ENTAL QtrALrry recommends: CO- TAMLANAUR-F3 MSON C+i. ,T 9- bA18PED UNIT, A- 716, #16 /1500 The interval from the laird surface to 20 feet below the bases of the Cretactetout -ache b4do '44rSt' - be protected. The; base of the depth of 1500 feet. Cretaceous is eeitimated to occur at a Very I fJOhil D. Est>I „ 1;stePP .G. goo r�14 rorProt ':1210 Of tftt5 ground water falls undarthe jurie and Ptugging operations only. it do" not app(yto Ter6A6s1•(Ftay.0&1n.7008) _ . .Date March 13, 2007 typed by TCEO . to 1116 subject well and not for area -wide use. Approval of the well.compietfon methods to of Toras. Thie recommendation is intended for normal drifting, production, apergtians Into a nonproductive zone. (RRC Form ®- /4q xoozi « 1 W � 1 v�'os'Ci «xi..d «�C� oww 1.� off" KK °V - o' N ZZ « E 'a Z ° Z K 2nW Kzmy6 °'m °ZN °WOKOK � . �QQ� .11 ° ° OS V2O O �- K 3; a Ua�W��O N O ZO KZa z 1 a Y 9 o y � rc �� u1 oQ i Z Q�a�i�u �dW�o z W O C�; ao >D 03. aJQ¢SNUO:QU�F��NaUmUfG E6Kp mY�zC��¢m N i IIfl ^� ^°"'. °eIIadII�II °IIa ° aa a mIIn�n�� �Qa < <g <a °V a Q aaa anaaa as a NO NNm d bm a�4�. -. 1� N U <fl 00 nruul1 NI � mONO 0oON1 N 'f O N ih hO00ym OOOOO. Th S •NYnm.��.jN �Nayhm O.-� ONY1�00 - .�.'pril�vi Yf Cl1V <.= o »NFlfV r!<GTOOYINCI�CImmCI°1 vi Cl� -Y1N Yivot�i Ci u c1 [VO O �iu a�tVi u�V,y9vY�VVU�irVOg e r 3c �4�° 3c4c 3cYc 3i�333u33c ° I IIIIIIIIIIIIIIIIIIIt lyyl��llllillllll��lnnllllollll l � l n� l p 1 p i � _ti�am`e ndDmO ^NhW�b�mmNNNNN MY MIM M�•1h <? 1^ JOSEPH L A -1671 ORq I N i P 3n� + 0 0 t o c> � a mo �aow �ao� .6: NN2 GI�KOw m�W? 1 W z� € �¢ } o� z �y F¢oz406W vi�o R �m6�NF061 -m H.B. 3 E w�ati w W zy�zi���oF °ww S 1 LL17� Z 20 W a J 4 rr �z�pi.io�w 3i3maa �'3ma� 7 N > > P 0 C r 0 t TTT � Y t a��ow w t N u N .� t O .✓ N '- N O o ° ° o > u o O t w U v 1 o � •� m � '� I'n 4 I � O Z N� o 1 J <wow yaaN I wm °a ��-Ip �QNm p1.i L'i�w o Twl -dz 1 � o1°n3�p t �- ��OnNz I ✓ a V � 1 ��OZ ° W IN U1 � 2 i t / n 1 m a Ow a$V1J I�� si �w a �w� a °O W CL i N Ni C - ,'1011 Qm MON°^i Z M • J NM 2 (0 Z ��o a� = ��o i R� ,�MN^ V m H �j mt5N 0 v 4 m 1 1 I yN� W Q A a� m I I ZQ 7 P o0 Q I � I 1868' Bc. 1 I a N I N Q $ N I �a V i R� ,�MN^ V m H �j mt5N 0 v 4 m q (n to Z a - Z D r5 CDr g W =) O V gcg a O O V Q � r I � O W � O b $ o � f^ 0 l C Q C� fly .q � OC JV m�Ccc O N O 0 0 a q 0 Q 0 Q Z ? J c S W J O yzm ° Y o p o d J O In m N N m � Q q j � cc ,6 y J 111-11 o\ O 1 I m I ZQ 7 P o0 1 I 1868' Bc. q (n to Z a - Z D r5 CDr g W =) O V gcg a O O V Q � r I � O W � O b $ o � f^ 0 l C Q C� fly .q � OC JV m�Ccc O N O 0 0 a q 0 Q 0 Q Z ? J c S W J O yzm ° Y o p o d J O In m N N m � Q q j � cc ,6 y J 111-11 o\ O Railroad Commission of Texas PERMIT TO DRILL, RECOMPLETE, OR RE -ENTER ON REGULAR OR ADMINISTRATIVE EXCEPTION LOCATION CONDITIONS AND INSTRUCTIONS Permit Invalidation. It is the operator's responsibility to make sure that the permitted location complies with Commission density and spacing rules in effect on the spud date. The permit becomes invalid automatically if, because of a field rule change or the drilling of another well, the stated location is not in compliance with Commission field rules on the spud date. If this occurs, application for an exception to Statewide Rules 37 and 38 must be made and a special permit granted prior to spudding. Failure to do so may result in an allowable not being assigned and/or enforcement procedures being initiated, Permit expiration. This permit expires two (2) years from the date of issuance shown on the permit unless actual drilling operations have begun. The permit period will not be extended. If a permit is materially amended, the expiration date is two (2) years from the time the amended permit is issued. Drilling Permit Number. The drilling permit number shown on the permit MUST be given as a reference with any notification to the district (see below), correspondence, or application concerning this permit. Rule 37 Exception Permits. This Statewide Rule 37 exception permit is granted under either provision 37 (h)(2)(A) or 37(h)(2)(B). Be advised that a permit granted under 37(h)(2)(A), notice of application, is subject to the General Rules of Practice and Procedures and if a protest is received under Section 1.3, "Filing of Documents," and/or Section 1.4, "Computation of Time," the permit may be deemed invalid. Before Drilling Fresh Water Sand Protection. The operator must set and cement sufficient surface casing to protect all usable - quality water, as defined by the Tx Natural Resource Conservation Commission. Before drilling a well, the operator must obtain a letter from the Texas Natural Resource Conservation Commission stating the depth to which water needs protection, Write: Texas Natural Resource Conservation Commission (Surface Casing- MC151), P.O. Box 13087, Austin, TX 78711 -3087. File a copy of the letter with the appropriate district office. During Drilling Permit at Drilling Site. A copy of the Form W -1 Drilling Permit Application, the location plat, a copy of Statewide Rule 13 alternate surface casing setting depth approval from the district office, if applicable, and this drilling permit must be kept at the permitted well site throughout drilling operations. * Notification of Setting Casing. The operator MUST call in notification to the appropriate district office (phone number shown the on permit) a minimum of eight (8) hours prior to the setting of surface casing, intermediate casing, AND production casing. The individual giving notification MUST be able to advise the district office of the drilling permit number. Completion of Drilling Producing Well. Statewide Rule 16 requires that the operator submit a Form W -2 (oil well) or Form G -1 (gas well) to the appropriate Commission district office within thirty (30) days after completion of such well. Completion of the well in a field authorized by this permit voids the permit for all other fields included in the permit unless the operator indicates on the initial completion report that the well is to be a dual or multiple completion and promptly submits an application for multiple completion. All zones are required to be completed before the expiration date on the existing permit. Statewide Rule 40(d) requires that upon successful completion of a well in the same reservoir as any other well previously assigned the same acreage, proration plats and P-1 5s (if required) must be submitted with no double assignment of acreage. Dry or Noncommercial Hole. Statewide Rule 14(b)(2) prohibits suspension of operations on each dry or non - commercial well without plugging unless the hole is cased and the casing is cemented in compliance with Commission rules. If properly cased, Statewide Rule 14(b)(2) requires that plugging operations must begin within a period of one (1) year after drilling or operations have ceased. Plugging operations must proceed with due diligence until completed. An extension to the one -year plugging requirement may be granted under the provisions stated in Statewide Rule 14(b)(2). Intention to Plug. The operator must file a Form W -3A (Notice of Intention to Plug and Abandon) with the district office at least five (5) days prior to beginning plugging operations. If, however, a drilling rig is already at work on location and ready to begin plugging operations, the district director or the director's delegate may waive this requirement upon request, and verbally approve the proposed plugging procedures. *Notification of Plugging a Dry Hole. The operator MUST call in notification to the appropriate district office (phone number shown on permit) a minimum of four (4) hours prior to beginning plugging operations. The individual giving the notification MUST be able to advise the district office of the drilling permit number and all water protection depths for that location as stated in the Tx Natural Resource Conservation Commission letter. *NOTIFICATION The operator is REQUIRED to notify the district office when setting surface casing, intermediate casing, and production casing, or when plugging a dry hole. Time requirements are given above. The drilling permit number MUST be given with such notifications. DIRECT INQUIRIES TO: DRILLING PERMIT SECTION, OIL AND GAS DIVISION PHONE MAIL: (512) 463 -6751 PO Box 12967 Austin, Texas, 78711 -2967 RAILROAD COMMISSION OF TEXAS OIL & GAS DIVISION T T — — nTT T rnvupp T PT .T TC1 BACK. OR RE -ENTER ON A REGULAR OR ADMINISTRATIVE EXCEPTION LOCATION t` Data Validation Time Stamp: Mar 20, 2007 9:19 AM( uurrent versiun ) PERMIT NUMBER DATE PERMIT ISSUED OR AMENDED DISTRICT * 05 634991 Mar 20, 2007 API NUMBER FORM W -1 RECEIVED COUNTY TARRANT 42- 439 -32038 Mar 09, 2007 TYPE OF OPERATION WELLBORE PROFILES) ACRES NEW DRILL Horizontal 562.75 NOTICE OPERATOR 945936 This permit and any allowable assigned may be XTO ENERGY INC. revoked if payment for fee(s) submitted to the Commission is not honored. District Office Telephone No: (940) 723 -2153 WELL NUMBER LEASE NAME BASPED UNIT B 4H TOTAL DEPTH LocATION 1.6 miles SE direction from KENNEDALE 12000 Section, Block and /or Survey BLOCK { ABSTRACT { 716 SECTION { suxvEY { HUDSON, W H DISTANCE TO NEAREST LEASE LINE DISTANCE TO SURVEY LINES 158 ft. 203 ft. S 913 ft. W DISTANCE TO NEAREST WELL ON LEASE DISTANCE TO LEASE LINES 155 ft. N 913 ft. W See FIELD(s) Below FIELD(s) and LIMITATIONS: * SEE FIELD DISTRICT FOR REPORTING PURPOSES * ** THIS PERMIT IS GRANTED PURSUANT TO STATEWIDE RULE 37(h)(2)(B) ** CASE NO. 0251038 ACRES DEPTH WELL # DIST FIELD NAME NEAREST LEASE NEAREST WELL LEASE NAME --- - - - - -- - - - - --- - -- -------------------------- ------------------------------------------ 562.7 11,500 B 4H 09 ** NEWARK, EAST (BARNETT SHALE) 158 30 BASPED UNIT ----------------------------------------------- WELLBORE PROFILE(s) FOR FIELD: Horizontal ------------------------------------------------- RESTRICTIONS: Lateral: TH1 Penetration Point Location Lease Lines: 158.0 F N L 744.0 F W L Terminus Location BH County: TARRANT Section: Block: Abstract: 9 Survey: ANDERSON, M Lease Lines: 406.0 F S L 508.0 F E L Survey Lines: 1629.0 F S'LY S L 1728.0 F E'LY W L * *' PRECEDING FIELD NAME INDICATES RULE (R37) THE FOLLOWING RESTRICTIONS APPLY TO ALL FIELDS This well shall be completed and produced in compliance with applicable special field or statewide spacing and density rules. If th in salt formations, or underground storage of gas ii well is to be used for brine mining, underground storage of liquid hydrocarbons for that specific purpose must be obtained from Environmental Services prior to construction, including salt formations, a permit drilling, of the well in accordance with Statewide Rules 81, 95, and 97. Data Validation Time Stamp: Mar 20, 2007 9:19 AM( uurrent versiun ) f7 il C C rs v A y �$ 70 ] 4 X d 5 n 0 C • � C I Ul n Io s gCL Ft 2 a O 2 O 3:— ti 4.: n k Q�� O n o n� a u�y ? C � o= E m 4 5 . u Y !; u u I �1 O� 1 � I 1 _ - -- 1 I 1 a Z v 11 m c � N p� s as Wt� C $a � oa z mm y Cx A Z� 47 0 C w � x W vl S��yJ ?GN' N � + - + ���• . �_ . bOlVwfn #GN- J N ?WN 'ObmVO�NAWN-'O I I I I t 1 1 1 1 I I I I I I I 1 1 t I I I I I l i I I I 1 1 1 1 1 1 1 I l l 1 1 1 1 1 1 1 �aos_. as�a aasaaoaaoe. <ss� a�a�.a� aaasa JN fn G! J mmwu000NNo�� VV 'p. 1 ''t• N ° N.�.. �'°pO 00f"'NWNNO ± .p 6 4 ObVjJ Oi (mil bqm °' NNSnwuu >�-� 1 sg� o��"pyv�'�Qzo zcn >czi �'.�o m -1 • a W i r AR�i ?m p ° G e y 0 O A 2 C 0° 2 zm^Ooc mom -- oC I Z C3 ' z�+I z p c�q• m 9m og N ns 1 A I M — T _ M A� pp A Om �^�t�y C F A NN m Z z w �, O C c . 0 w °w�° a a, M o o m S S o �a no- I c o & a- F O vC5 = r — — Z $m�z'�� m , yocz�i m�zCOzo Z z 04 ° m '^� °4 w.�j b y p sv �" mo >g �m ;c ° o F ,tom a N Q210 V! 8 ° V I 1-1 I V I I v 11 m c � N p� s as Wt� C $a � oa z mm y Cx A Z� 47 0 C w � x W vl S��yJ ?GN' N � + - + ���• . �_ . bOlVwfn #GN- J N ?WN 'ObmVO�NAWN-'O I I I I t 1 1 1 1 I I I I I I I 1 1 t I I I I I l i I I I 1 1 1 1 1 1 1 I l l 1 1 1 1 1 1 1 �aos_. as�a aasaaoaaoe. <ss� a�a�.a� aaasa JN fn G! J mmwu000NNo�� VV 'p. 1 ''t• N ° N.�.. �'°pO 00f"'NWNNO ± .p 6 4 ObVjJ Oi (mil bqm °' NNSnwuu >�-� 1 sg� o��"pyv�'�Qzo zcn >czi �'.�o m -1 • a W i r AR�i ?m p ° G e y 0 O A 2 C 0° 2 zm^Ooc mom -- oC I Z C3 ' z�+I z p c�q• m 9m og N ns 1 A I M — T _ M A� pp A Om �^�t�y C F A NN m Z z w �, O C c . 0 w °w�° a a, M o o m S S o �a no- I c o & a- F O vC5 = r — — Z $m�z'�� m , yocz�i m�zCOzo Z z 04 ° m '^� °4 w.�j b y p sv �" mo >g �m ;c ° o F ,tom a N Q210 V! 8 ° V I 1-1 W a ut to O DE PT H OF USABLE-QUALITY GROUND WATER TO BE PROTECTED � ' !'05 PLEASE READ ALL INSTRUCTIONS The inlorcnatlon requested is essentlai In order for ih1S agency to provide an opropriate response. Piea•3e avow for receipt of this form in our offices at least two weeks before your operation bagicw cue to the volume of IfMrse requests, et tim4S, it maybe difficult for us to handk; telephone inquides. Complete, keep the bottoln sheet (goldenrod) for your files, .nd rnan the top 3 shaety of the 4 -sheet set of carb,k)- baeKed forma with a map to the address bakm. One JICet beating our responss will be returned to you, Another vri0 q8 Sant ha e qu p e p etlona on ho v to fill Omothih form hoer[ the Surface ca5 ng paogrem,'plea'se ant contact us a 512J239-0515. nat information that the gathers on Its forms. if you agency Surface Casing - me 151 TCEQ P.O. BOX 13087 A, retfn. TX 7A711 -3087 ECEIVED Alt 12 2U0 \ �7 city and State ALWAYS INCLUDE A C FOLD Z a: EL C? W C� S Date v I TCEO File No.: SC- 2305 I------- - - - -- - - - --i Iy I la I I7 I I W I I� I I� I NU YO( JR WELL SITE AND ALL SURROUNDING SURVEYS COUNTY m, i - Survey Name y Block No. Township Sectia or Survey No. (or) Lot No_ _ Abstract No. A- —" LEASE Natna �rra jd j � Well No, Distances, in feet, and dlrectfo measured at right angle fr m e c of two intersecting [__I Section or Sury ey l ioas (NOT LEASE LINES) feat from line and fast from (r line, Distance (In miles) and direction from a nearly town In this County (name tt a town) THE ABOVE INFORMATION IN THIS BLOCK MUST BE COMPLE7M AND CORRECT API # RR Lease N) o R110 Dist. No. _ UPS C oord (long flat or X Y state plane) — F Q __ t NAd Elevation Total Depth '. I )_. l) r) U Geologio Fort. at T.D. t:U V,K I C,51. ;'�J fGt.f.'C - Purpose of the >gequest : New Drill 13 Re enfry 1 0 Plug & Abandon ❑ Other (specify) Is this an amended request? M Yes No Previous Fllg N4, for this well: SC ❑ Leg included of.sarrte tir'rtaarby well (Tito Applicable type of well log that shows the aquifers.) Memo provide a location map or API# for atta4hed lug. ALWAYS'attach'the sloetrlo:log;of aiyy well that is to be, Feentered: Additional remarks: To protect usable-quality'ground Water at this location, the TVxAs Comtmsston otv ENymormil:ENTAL QUALITY recommends: CO- TAM",0UX-HUDSON W.,LSE- BASP9D UNIT,A-716,#6/1500 w tr _� wZ !� Q H w ZF Z Q � O D The interval from the land surface to 20 feet'below the base of the Cretaceous - age beds tialst be° protected.' * The ; base of the Cretaceous is estimated to occur at a depth of 1500 feet. , Very - E r . • V" Casing, ? r ,lohe 0. NOTE: nle stated outerwis firs recommendaM ' for pruI nofthisgroundwaterfat4underthejuda and plugging operatlons only. it does not spplytO 'YCEh-U051'(Rev:05- 10 -20bG) ' "" ' ' till I Date / ^ o f f March 13 2007 typed by TCEQ to the subject Well dnd not for area -wide use. Approval of the woll methods ommi; on of Texas. Ibis rocommendation is intended for noymal drilling, prONabtion, operations Into ti nonproductive zone (RRC Form W14). Railroad Commission of Texas PERMIT TO DRILL, RECOMPLETE, OR RE -ENTER ON REGULAR OR ADMINISTRATIVE EXCEPTION LOCATION CONDITIONS AND INSTRUCTIONS Permit Invalidation. It is the operator's responsibility to make sure that the permitted location complies with Commission density and spacing rules in effect on the spud date. The permit becomes invalid automatically if, because of a field rule change or the drilling of another well, the stated location is not in compliance with Commission field rules on the spud date. If this occurs, application for an exception to Statewide Rules 37 and 38 must be made and a special permit granted prior to spudding. Failure to do so may result in an allowable not being assigned and/or enforcement procedures being initiated. Permit expiration. This permit expires two (2) years from the date of issuance shown on the permit unless actual drilling operations have begun. The permit period will not be extended. If a permit is materially amended, the expiration date is two (2) years from the time the amended permit is issued. Drilling Permit Number. The drilling permit number shown on the permit MUST be given as a reference with any notification to the district (see below), correspondence, or application concerning this permit. Rule 37 Exception Permits. This Statewide Rule 37 exception permit is granted under either provision 37 (h)(2)(A) or 37(h)(2)(B). Be advised that a permit granted under 37(h)(2)(A), notice of application, is subject to the General Rules of Practice and Procedures and if a protest is received under Section 1.3, "Filing of Documents," and/or Section 1.4, "Computation of Time," the permit may be deemed invalid. Before Drilling Fresh Water Sand Protection. The operator must set and cement sufficient surface casing to protect all usable - quality water, as defined by the Tx Natural Resource Conservation Commission. Before drilling a well, the operator must obtain a letter from the Texas Natural Resource Conservation Commission stating the depth to which water needs protection, Write: Texas Natural Resource Conservation Commission (Surface Casing- MC151), P.O. Box 13087, Austin, TX 78711 -3087. File a copy of the letter with the appropriate district office. During Drilling Permit at Drilling Site. A copy of the Form W -1 Drilling Permit Application, the location plat, a copy of Statewide Rule 13 alternate surface casing setting depth approval from the district office, if applicable, and this drilling permit must be kept at the permitted well site throughout drilling operations. * Notification of Setting Casing. The operator MUST call in notification to the appropriate district office (phone number shown the on permit) a minimum of eight (8) hours prior to the setting of surface casing, intermediate casing, AND production casing. The individual giving notification MUST be able to advise the district office of the drilling permit number. Completion of Drilling Producing Well. Statewide Rule 16 requires that the operator submit a Form W -2 (oil well) or Form G -1 (gas well) to the appropriate Commission district office within thirty (30) days after completion of such well. Completion of the well in a field authorized by this permit voids the permit for all other fields included in the permit unless the operator indicates on the initial completion report that the well is to be a dual or multiple completion and promptly submits an application for multiple completion. All zones are required to be completed before the expiration date on the existing permit. Statewide Rule 40(d) requires that upon successful completion of a well in the same reservoir as any other well previously assigned the same acreage, proration plats and P -15s (if required) must be submitted with no double assignment of acreage. Dry or Noncommercial Hole. Statewide Rule 14(b)(2) prohibits suspension of operations on each dry or non - commercial well without plugging unless the hole is cased and the casing is cemented in compliance with Commission rules. If properly cased, Statewide Rule 14(b)(2) requires that plugging operations must begin within a period of one (1) year after drilling or operations have ceased. Plugging operations must proceed with due diligence until completed. An extension to the one -year plugging requirement may be granted under the provisions stated in Statewide Rule 14(b)(2). Intention to Plug. The operator must file a Form W -3A (Notice of Intention to Plug and Abandon) with the district office at least five (5) days prior to beginning plugging operations. If, however, a drilling rig is already at work on location and ready to begin plugging operations, the district director or the director's delegate may waive this requirement upon request, and verbally approve the proposed plugging procedures. *Notification of Plugging a Dry Hole. The operator MUST call in notification to the appropriate district office (phone number shown on permit) a minimum of four (4) hours prior to beginning plugging operations. The individual giving the notification MUST be able to advise the district office of the drilling permit number and all water protection depths for that location as stated in the Tx Natural Resource Conservation Commission letter. *NOTIFICATION The operator is REQUIRED to notify the district office when setting surface casing, intermediate casing, and production casing, or when plugging a dry hole. Time requirements are given above. The drilling permit number MUST be given with such notifications. DIRECT INQUIRIES TO: DRILLING PERMIT SECTION, OIL AND GAS DIVISION PHONE MAIL: (512) 463 -6751 PO Box 12967 Austin, Texas, 78711 -2967 RAILROAD COMMISSION OF TEXAS OIL & GAS DIVISION PFT?T,/HT Tn null I. nEF,PEN. PLUG BACK, OR RE -ENTER ON A REGULAR OR ADMINISTRATIVE EXCEPTION LOCATION PERMIT NUMBER DATE PERMIT ISSUED OR AMENDED DISTRICT 634992 Mar 20, 2007 * 05 API NUMBER FORM W -1 RECEIVED COUNTY 42- 439 -32039 Mar 09, 2007 TARRANT TYPE OF OPERATION WELLBORE PROFILES) ACRES NEW DRILL Horizontal 562.75 OPERATOR 945936 NOTICE This permit and any allowable assigned may be XTO ENERGY INC. revoked if payment for fee(s) submitted to the Commission is not honored. District Office Telephone No: (940) 723 -2153 LEASE NAME WELL NUMBER B 5H BASPED UNIT TOTAL DEPTH LOCATION 1.6 miles SE direction from KENNEDALE 12000 Section, Block and /or Survey ABSTRACT{ 716 SECTION { BLOCK { suRvEY { HUDSON, W H DISTANCE TO SURVEY LINES DISTANCE TO NEAREST LEASE LINE 203 ft. S 883 ft. W 236 ft. DISTANCE TO LEASE LINES DISTANCE TO NEAREST WELL ON LEASE 203 ft. S 883 ft. W (OFF LEASE) See FIELD(s) Below FIELD(s) and LIMITATIONS: SEE FIELD DISTRICT FOR REPORTING PURPOSES ** THIS PERMIT IS GRANTED PURSUANT TO STATEWIDE RULE 37(h)(2)(B) ** CASE NO. 0251039 ACRES DEPTH WELL # DIST FIELD NAME NEAREST LEASE NEAREST WELL LEASE NAME -- - - - - -- -- -- -- - -- - -- - -- ------------------------------------------------- ** NEWARK, EAST (BARNETT SHALE) 562.75 11,500 B 5H 09 236 30 BASPED UNIT ------------------------------------------------------- WELLBORE PROFILE(s) FOR FIELD: Horizontal ------------------------------------------------------- RESTRICTIONS: Lateral: TH1 Penetration Point Location Lease Lines: 236.0 F N L 312.0 F W L Terminus Location BH County: TARRANT Section: Block: Abstract: 9 Survey: ANDERSON, M Lease Lines: 262.0 F S L 827.0 F W L Survey Lines: 861.0 F NILY S L 2219.0 F WILY W L * *' PRECEDING FIELD NAME INDICATES RULE (R37) THE FOLLOWING RESTRICTIONS APPLY TO ALL FIELDS This well shall be completed and produced in compliance with applicable special field or statewide spacing and density rules. If thi is to be used for brine mining, underground storage of liquid hydrocarbons in salt formations, or underground storage of gas in well salt formations, a permit for that specific purpose must be obtained from Environmental Services prior to construction, including drilling, of the well in accordance with Statewide Rules 81, 95, and 97. Data Validation Time Stamp: Mar 20, 2007 9:19 AM( Current Version) DEPTH OF USABL lE4UALITY GROUND W,A,TER TO BE PROTECTED PLEASE READ ALL INSTRUCTIONS The information iequea[ed ie assPntiat In Ardor for title agency to provide en appproprktie r63RptisF , PICNSP pliow for receipt of this form in our orri at least two weef{3 before. yy operatbn begins. Due to the volume of thesg rfigUa;G°, pt nmee, li may be d fftcult for unto handle telephone imauifies. Cenlpiete, ph. ocnom sheet (goldenrod) for yffl ss, r O and marl the top 3 gneete or the 4 -sheet set of carbon- backed farms with 1 mhp to tree a0dre3s nelnw. ttne sheet bearirt0 our response vi ll be returned to you, Atto[herwil I be sent a to the eppropriate drtrf o I pf the R o Gommlesfon. Individuals ere an8tled fo rsquost attd fevl4w tngtr personal (nfo - ,,I.n that the agartey gathers on its forma. if ycu ItBVe yueatbne on how to fill out this form or about the SurfrtC® Caging firggram, please contact u a 512Y230 - 0595. z� Surface Casing - MG 1�1 Date �� -- TCEGt Re Na. SC• ?1.CE) Y EQ TCEQ _ P.O. Box 13087 2304 MAR Z 2Q Austin TX-7014-3087 t . Neme of erSOrr r8 artng r uest & hone Na. with et&�9 CcxJeJ � I r X 6 V TiY l fir CC ' (N Co pan (ope [ a�7n o RC rt W 1 v (w rMirng AdVress —v- ,SAY Z F z a rr Q W H City and State ZIP Code i t _ _ s — ALWAYS INCLUDE A. MAP SHOWING Y061`1 WELL SITE ANd ALL SURFtOUND1NG SURVEYS COUNTY TA SurveyNaMe Block No, Township' Sectio I or urva o. (or) Lot No. Abstract No. A- 7TLi _ )_EASE Name Well No. Distances, in feet, and direction measured at tight angl f a t} of two intersecting p Seotion or Surve (NOT LEASE LINES) _ a _ feat from line and O feat from line. blsfance �0 �mfles) end direction from a ne4r4v1QWn lathis Countv 1parnn.thra tnwnt . THE ABOVE INFORMATION IN THIS BLOCK MUST BE COMPLETE AND CORMOT API # IRRC Lease No RRC Dist. No. GPS Coord- (long/lat or X -Y state plane) P K V LP p"7 y y l 7 � v „- — 1 0 Elevation Total Depth Ced Igjc Fm, at T.b, Purpose of the Royuest : New Drill ❑ Re -en ry ❑ Plug & Abandon ❑ Other (specify) Is this an amandad request? ❑ Yes No Previous File No, for this well: SG- 0 Lag tnoludsd of. sime dr nearby well (Tha'applicabig type of well log that shows the aqulfe'rs.) Please provide a looation map or API# for attached tog. ALWAYS attach the electdc :log of any well that is to be reentered. Additional remarks: To protect usable - quality ground water at this location, the Tsxas CO.*�u5SION CN�VVr oNf tk�N7'AL QVALUT recommends: W tY w� x1 m� r° _ us r� z� 0P d A , CO— TARRAN,SUR -- HUDSON W.,L.Sta— HA,6PXD UNTT,A -716, #6/1500 The inierval::from the. land surface beds must be protected". ' ' The: base depth of 1500 feet. Very �T A.`"Fsteg F.G. Geolo ' t, ace CO.S Q NOT t w stated othRrws i s ranntrtmertda for protection of this ground water falls under the juris ant' plugging opaWlons only. It does not apply to TOED -0051 (Rev. 05- 10,2000) to 20 feet below the base.of the CretaceouA -age Of thO Cretaceous is estimated to occur at a 0( 1 Date P11 Marsh 13 , 2007 typed by TCEQ he subject well and not for area - wide use, Approval or the well -comptetlnn methods ssion of Texas This mcommentWion is intattdW for normal drill(ng, production, operations Into a nonproduetivo zone (RRC Form w -14), O vv yy 1 � 1 � yy�� p ° a z « z �a Zx o C� « °Y °Y7° %x °.Ij > >� =wx�' « ° J ° �� ° �15wW Z �O ° N ¢70p yC7 mo « ..oz�1az °€ o� U zow��pao €<� o „�Q� ozze aoxz o "aW zgr � bra N�3 �teN�rJ�N�mo�rw ° ZI�OaNKOVNE � �"°•i �az�S�a� €�zoFYz�zd.a axoi z a oa�u =O ° o� m � z � ° oy m4 � SS OZ �SoNO ° Q3F� =WOr g czg ^ 9" w Ku l N Z °Yw�FwjWNwwW�w�6 °}��"INC1 w JOjZw���Z � ( � + Z I Z `J'5 . o z a'�drciNC�irc�d' '��s - ac�mv ° z5a¢ ° oG m�Y - rcm v� ° o� sKn "m. aaaaaa`uamaaaa¢ <raaQ¢Qaaarol� ` < "a¢a ¢NaaaaaQ < P m.- mN nm ONN000NtN'1NNN0�1,Nm 00 _ 8, _ yj,.]�p r(j[Jx{CI�PON OOMNN CI�mci YI V1 o$oN�NNNNNI O avvavvaavvavava9 VgrcvauVNV mvuomuu oae uuu Vu um N oo o�o'o o-oVO - - -S N i�cYuc4uu° uuSu° c° v000u ° °000a°>.I°our°�uin.i>�.°�cg u ° Ii$�8u u ° u�3uu ° 3c ° �i�c ° �a ° a r 1111111II III II IiI IIIIIIIIIIIIIIIIIIIIIII...a..... h N PNmrm NMdy�n� NM «ctr - NMPNmrmm �� �, �... ^•• ^NH NNNNNNN NMhM MMHM JOSEPH o E• WILSON e_ta7t o � ® ' v `k y' ° cm N o + N W = Wx x > aw ¢naQ zK7O €mY1w 041 aoo�zz�S'� € �aF� pa z¢oaw €Z ° �H = FZ N WtV TI e� ® E;► • M t9 � a O Z � O w � O =�opw KO' .Z I Z D Q�N €;�a0°m 3 `y Z Z9z W z ,4- - inzz��nw NFT mo 216' ice' t.l 1 W wl LLw° °o• = °P Z I 1 X z €a°Jzro =�i� � I II inn?maam 3m a 6s9 = n313 'OOl e2lns w mz i T13N H69 11Nn o3dSV8 o -a IO X 7f IN 2w N N W E R 1 �i I N ��L C� O +Y• p2 c_ OWm //yy � U z� ao`°'°'Nt° I aQ"mo i �M y E� o�V ma w r Z G.N N s N N� d o I �nzZ €dolt Q Z �t d O�.N NIV ° I m�N�m Fy1NwmN o rc °N a •� n 3 E c° Vi � o a • - ,: � a p 0 0 0 rnU `• W "°(C• €�FZOZN N2 W °� c o °m 's zwmm ��WF€yNrc C €zN�''F zrcwr `om 1 . 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O t5p S e p ro •,t, 3 � � O N p � N O b Fs o I Z 8 o � O I O � o 0 I o I m � I N ul 5 'o®- V ro •,t, 3 � I Q O I Z ' �— tnZcCo 0 V W O b a •ifs W :3 V a O O m m } C a W m I 3 N co Q V) I ." �� a I H ova Q 30t Wax 4o O tm J J 0 0 0 II 3 g H a c J oN CC o O C .q w 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 .Z� A day of cJt1NE , 2006 by and between the City of Kennedale, Texas ( "City "), a Texas home rule municipality, and _ fto OWO& 15Ne ( "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 WHERAS, 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 i consideration of OPERATOR's use of said roadways for the purpose of the activities described hereinabove. 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 Specific 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. 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 OPERATOh or the full d amount. OPERATOR agrees to remit payment in full within 30 y 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. ERATOR 48 hours of discovering the existence of any such damage to the roadways, 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 ," of the Zonin requirements of Section 17 -246, , Oil and Gas abandoned and the sOe restored of the City. Such insurance shall continue until the 2. OPERATOR shall and hereby does indemnify, defend and save harmless the City, its officers, agents and employees from all 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 OPERATOR, its agents, employees, contractors, subcontractors or representatives; or on account of any negligent act of fault of OPERATOR, its agents, employees, 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 -246, "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 tear, 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 right, 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- 246(n) of the Zoning Ordinance of the City. 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: k ®Est G . IeTN, Tic ')66 ®Z 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. �r 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 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. IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this Agreement as of the day of , 20 CITY OF KENNEDALE, TEXAS ATTEST: City Secretary ®(__�I - .i_ APPROVED AS TO FORM AND LEGALITY City Attorney STATE OF TEXAS § COUNTYOFTARRANT § 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 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 2006. Notary Public OPERATOR (Name and Title) Texas Rail Road Commission Operator Number: 9969146 STATE OF TEXAS § COUNTYOF IA' � ► § Before me, the undersigned notary public, on this day personally appeared //M N of OPERATOR, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said OPERATOR. Given under my hand and seal of office this 24 O day of .vac 1 2006. M AR . . . " T..j Notary Public mow 0 t sar �. ,J` ® o ® Oi��e'• O .,, Of Page 1 of 1 Lisa Cabrera From: Mark White Sent: Wednesday, June 27, 2007 4:12 PM To: Lisa Cabrera Subject: FW: BOA Special Exception - Basped Lease Gas Wells Mark White Community Development Director City of Kennedale - - - -- Original Message---- - From: Kenfirechief Sent: Monday, June 11, 2007 3:12 PM To: Mark White Subject: BOA Special Exception - Basped Lease Gas Wells Mark, I have reviewed the request and have no additional requirements to add. This is using access from an existing gas lease and within a fenced facility. Scott Raven Fire Chief / Fire Marshal Kennedale Fire / Rescue 100 Cloverlane Drive Kennedale, Texas 76060 817 - 561 -2237 kenfirecNef@c4of Lennedale,com I choose Polesoft Lockspam to fight spam, and you? http- 6/27/2007 ® 1 mYI mY W U w P* oil AM UU1 Fm M GCIOH MON wffi—aih � C \�. � x. . � � �° En -0 I a " ) Co cn E w c- 0. LL. 0 —1 a) E : E wffi—aih � C j En -0 I a " ) Co cn E w c- 0. LL. 0 —1 a) E : E 0 -i m :3 CL BOA 07 -05 Walter Dueease XTO Energy, Inc 810 Houston St. Fort Worth, TX 76102 Jerry Bransom 2041 Trailwood Drive Burleson, TX 76028 Ralph Mooney 6235 Century Dr. Kennedale, TX 76060 Brodney Lozano 4180 Danny Dr. Kennedale, TX 76060 Khosnow Sedeghian PO Box 50593 Denton, TX 76206 Johnnie & Nora Cunningham Cunningham Rev Living Trust 4060 Danny Dr. Kennedale, TX 76060 Arnold D. Horton PO Box 242 Kennedale, TX 76060 Ron Sturgeon Real Estate, Lp 5940 Eden Dr. Haltom City, TX 76117 Marcos Cortes 511 Fuller St. Arlington, TX 76011 Tony & T.J. Cecil PO Box 25 Kennedale, TX 76060 6915 HUDSON VILLAGE CREEK XTO ENERGY Harrison Jet Guns David Lehman 8552 Katy Fwy, Ste 130 6225 Century Dr. Houston, TX 77024 Kennedale, TX 76060 Joe & Katheryn Goad Charles &Jeanette Lammons 6265 Century Dr. 6245 Century Dr. Kennedale, TX 76060 Kennedale, TX 76060 Jeanette Reynolds Joseph & Jacquelyn Davis 7095 Hudson Village Creek 4200 Danny Dr. Kennedale, TX 76060 Kennedale, TX 76060 Shirley Martin Paulette Thwing & Verna Jones 412 Carnation Lane 4140 Danny Dr. Hurst, TX 76053 Kennedale, TX 76060 M W & Kimberly Stanford Jolita Hampton 4086 Danny Drive 4084 Danny Dr. Kennedale, TX 76060 Kennedale, TX 76060 Timothy Lee Davis Woodrow & Lorraine Chapman 4040 Danny Dr. 4020 Danny Drive Kennedale, TX 76060 Kennedale, TX 76060 Enrique Enriquez Jose Jaime & Martin Marquez 4437 Cabot Dr 606 Oakridge Trail Grand Prairie, TX 75052 Kennedale, TX 76060 David Feister Hawk Steel Industries 6269 Century Drive 4010 S Eden Rd Kennedale, TX 76060 Kennedale, TX 76060 Speed Fab Crete Wendall & Christine Stogner PO Box 15580 8204 Berrigan Dr. Fort Worth, TX 76116 Arlington, TX 76002 Glen Hinkel Terry Scott PO Box 540 PO Box 267 Kennedale, TX 76060 Kennedale, TX 76060 ® UQ BOA 07 -05 6915 HUDSON VILLAGE CREEK XTO ENERGY Kamel Soliman c/o Samin Kahil 2747 8th Avenue Fort Worth, TX 76110 Terry & Darla Smitherman 3917 Kennedale New Hope Rd Kennedale, TX 76060 Billy & Johnie Swiney 545 NW Barbara Lane Burleson, TX 76028 Linda K Thomas 3715 Kennedale New Hope Rd Kennedale, TX 76060 Wayne Davis 4040 Danny Drive Kennedale, TX 76060 Horacio Ramirez 7000 Mansfield Hwy Kennedale, TX 76060 Tracy Shaffer 900 N Walnut Creek Dr, Ste 100 Mansfield, TX 76063 Doug Harrison 6915 Hudson Village Creek Rd. Kennedale, TX 76060 l 'ff OF A KE/V/VEDALE June 27, 2007 First Name)) « Last_Name» «Address_Line_1» ((City)) RE: Legal Notice of Public Hearing Dear ((Title)) «Last_Name»: The Kennedale Board of Adjustment will hold a Public Hearing on Tuesday, July 10, 2007 at 7:00 pm at the Kennedale City Hall, 405 Municipal Drive, Kennedale, TX, 76060. BOA 07 -05 to receive citizen's comments for a Special Exception to the City Code F` Section 17 -426 (c), to allow oil and gas well drilling and production to be located at 6915 Hudson Village Creek Road as required by this section. Legal description is Lot 1, Block 1 of the Harrison Jet Guns Addition in the City of Kennedale, Tarrant County, Texas as requested by XTO Energy. According to Tarrant County Tax Records, you are the owner of real property within the area or within two hundred feet thereof. This is not a summons to appear at the Public Hearing, but if you so desire to attend; you will have the opportunity to speak either in favor or against the request for the Variance. If you have any questions, please feel free to contact me at (817) 483 -1297. Thank you, 4" %)44W &pia Lisa Dawn Cabrera BOA Secretary PW .�. V Fax: Drive, Case # BOA 07 -05 6915 Hudson Village Creek Road AGENDA BOARD OF ADJUSTMENT REGULAR MEETING - JULY 10, 2007 KENNEDALE MUNICIPAL BUILDING - 405 MUNICIPAL DR. COUNCIL CHAMBERS 7:00 PM CALL TO ORDER ROLL CALL BRIAN CASSADY t� RICK ADAMS I- CHERYL ABBOTT✓ A. EXECUTIVE SESSION - :5) 1 CHARLES GRAYt--- PATRICK VADER LINDA ELAM The BOA will meet in closed session pursuant to Section 551.071 of the Texas Government Code for consultation with the City Attorney pertaining to any matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meeting Act, including discussion of any item posted on the agenda and legal issues regarding amortization of nonconforming uses; and litigation, settlement offers, and /or claims regarding the follow matters: a. Orientation of New Members b. Compliance of Business 287 District Overlay c. Non - Compliance Issues B. RECONVENE INTO CHAMBERS Reconvene into chambers for regular session and consider action, if any, on items discussed in Executive Session. C. VISITORS /CITIZENS FORUM At this time, any person with business before the Board of Adjustment not scheduled on the Agenda may speak to the Commission, 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 Chairman, 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 D. PUBLIC HEARING 1) BOA 07 -05 to receive citizen's comments 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 6915 Hudson Village Creek Road as required by this section. Legal description is Lot 1, Block 1 of the Harrison Jet Guns Addition in the City of Kennedale, Tarrant County, Texas as requested vv- � • t � z. . ��i e � � i1Ye7�L�Ti�z� E. REGULAR ITEMS 1) Approval of Minutes dated June 6, 2006, July 11, 2006, and May 1, 2007. 2) BOA 07 -05 to consider approval 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 6915 Hudson Village Creek Road as required by this section. Legal description is Lot 1, Block 1 of the Harrison Jet Guns Addition in the City of Kennedale, Tarrant County, Texas as requested by XTO Energy. F. ADJOURNMENT fyl PUBLIC HEARING NO. 1 6915 HUDSON VILLAGE CREEK CITY OF KENNEDALE PUBLIC HEARING SIGN -IN FORM rr` SUBJECT: BOA 07 -05 to receive citizen's comments 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 6915 Hudson Village Creek Road as required by this section. Legal description is Lot 1, Block 1 of the Harrison Jet Guns Addition in the City of Kennedale, Tarrant County, Texas as requested by XTO Energy. 1. NAME: ADDRESS: PHONE NUMBER: �- 1 � — zip ✓ - c ,' 2- 2. 1 HEREBY AWISH 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 PROPOSED SPECIAL EXCEPTION. 4. IN REGISTERING, I REPRESENT: ❑ MYSELF kITHE FOLLOWING PERSONS, FIRMS, CORPORATIONS, CLASSES OR GROUPS: 5. THEIR BUSINESS ADDRESS IS: l CD 0 ou , T0 ri _ �—, 4 SIGNATURE: DATE: July 10, 2007 CITY OF KENNEDALE SPEAKER REQUEST FORM WELCOME If you wish to address the Board of Adjustments (BOA), a Speaker's Card must be filled out and given to the BOA Secretary prior to the start of the meeting. Please follow the suggestions listed below: 1. Please read and provide the required information in order that the Chairman may recognize you promptly at the appropriate time on the agenda. Please note that speakers may not comment on agenda items. 2. Please state your full name and address when you begin your remarks in order that the official minutes will record your appearance before the Board of Adjustments. 3. Please make sure that your comments are directed towards the Presiding Officer rather than Individual BOA members or Staff. All speakers must limit their comments to the subject matter as listed on their request and must refrain from using any profane language. THANK YOU FOR YOUR COOPERATION ------------------------------------------------------------------------------------- - - - - -- APPEARANCE BEFORE BOA COMMISSION DATE: -Jul- t O , 2 07 PHONE: 1 2 ' - 2c 2 HAS THIS SUBJECT BEEN DISCUSSED WITH ANY MEMBER OR ADMINSTRATIVE STAFF? IF YES, PLEASE LIST NAME AND DATE: YES NO SPEAKING IN: FAVOR AGAINST Presentations are limited to three (3) minutes for individuals and six (6) minutes for group presentations if representing 10 or more individuals are present. Speakers must address their comments to the Presiding Officer rather than individual BOA members or Staff. All speakers must limit his /hers comments to the specific subject matter as noted above and must refrain from personal attacks towards any individual. r, -Z &L q—V ' AA � mO r� � i �� = %m y.n 3 s r ®a �a mQ in¢ a� m= � _ J tE taz at Eel ai eez a1 mo t. Vt " LW a Jt a I k pG ga of 14 z� O. xk J j ! S E 3 A I - V — f] 8 -1 —,% it A a H 3 1 it e 64 1 8 r m mot t OP E as aaoH maN s z� O. xk