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2006_10.06 BOA PacketNOTICE OF \ KENNEDALE BOARD OF ADJUSTMENT KENNEDALE, 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 3rd day of October 2006, 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 29th day of September 2006. 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 September 29, 2006, at 11:45 o'clock A.M., and remained so.posted continuously for at.least 72 hours preceding the scheduled time of said Meeting. Persons with disabilities need auxiliary aids or services hearing impaired, readers, larg at (817) 483 -1297 five (5) wo arrangements can be made. plan to attend this meeting and s interpreters for persons who are requested to contact the u prior to the meeting so that Dated this the 29th day of September 2006. IN who may are deaf or ndersigned appropriate who such a e print, rk days Board of Adjustment Secretary 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 06 -13 to receive citizens comments for a Special Exception to the City Code under Section 17- 421 A, Schedule of District Regulations to allow for a private water well in "R -2" (Single Family Residential) for the purpose of irrigation. The legal description is Tract 7A of the T. F. Rodgers Survey, Abstract 1363 in the City of Kennedale, Tarrant County, TX. The address being 937 N. Little School Road as requested by Perry Hoover. 2) BOA 06 -14 to receive citizen's comments for a Variance to the City Code under Section 17 -507 (c) (4) to allow the copy- height on a sign to be 30" instead of the required 16" for a business sign. The legal description is Lots 1A and 2A, Block 2, of the Woodlea Business Park in the City of Kennedale, Tarrant County, TX. The address being 700 W. Kennedale as requested by Smiley's Racing Products West represented by Tom Lorenz. 3) BOA 06 -15 to receive citizen's comments fora 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. �. REGULAR ITEMS 1) BOA 06 -13 to consider approval of a Special Exception to the City Code under Section 17 -421 A, Schedule of District Regulations to allow for a private water well in "R -2" (Single Family Residential) for the purpose of irrigation. The legal description is Tract 7A of the T. F. Rodgers Survey, Abstract 1363 in the City of Kennedale, Tarrant County, TX. The address being 937 N. Little School Road as requested by Perry Hoover. PAGE 4 2) BOA 06 -14 to consider approval of a Variance to the City Code under Section 17 -507 (c) (4) to allow the copy height on a sign to be 30" instead of the required 16" for a business sign. The legal description is Lots 1A and 2A, Block 2, of the Woodlea Business Park in the City of Kennedale, Tarrant County, TX. The address being 700 W. Kennedale as requested by S.miley's Racing Products West represented by Tom Lorenz. PAGE 15 3) BOA 06 -15 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. PAGE 30 F. ADJOURNMENT BOO Monday, September 18, 2006 LEGAL HOTICE Notice of Public Hear- ing The Board of Adjust- ments will hold Public Flowing on Tuesday, October 3, 2006 at 7:00 PM at the Kennedale City Hall, rive, 405 Municipal Kennedale, Texas, 76060. 1) BOA 06 -13 to re- ceive citizens com- ments for a Special Exception to the City as are encouraged t attend the Publi Hearing or may fu nish written Corr ments prior to th meeting to the City-( Kennedale, 405 ML nicipal DrT� 76060 dale, -. . - .. , , �! O J • ...,.. Date: September 25, 2006 Item: E -1 Subject: Case # BOA 06 -13 - 937 Little School Rd •g1• I The applicant is seeking a Special Exception for a private water well for the purpose of irrigation. City Code requires a Special Exception for a private water well. The City's Water Superintendent has reviewed that application and does . not find anything objectionable in his review of this application. Originated by: Disposition by Board Mark M. White Community Development Director Name 7- .® e Work Phone J Ap, Home Mailing Address 2 Owner: Name Work Phone J °� p ,'� h Home Mailing Address Property Location ` 'l % /Va Legal Description Note: Attach metes and bounds description if property is not platted. Zoning District Describe Special Exception requested: HaL )revious app ication or appeal been filed on this property? Yes NO Date: Identify any requ rem is of Section 17 -422, Kennedale City Code that cannot be met. Give reason (s) why the requirement (s) cannot be met. Use back of this form if additional space is needed. re that the above is true and correct. ature of Applicant R STAFF USE ONLY Indicate any potential injurious affect on the public health, safety, or welfare. Indicate if the uses, values or enjoyment of other property in the neighborhood would be impaired or diminished by the proposed use Will the proposed use: impede normal and orderly development? include adequate utilities, access roads, drainal and other necessary site improvements? provide ingress or egress so as to minimize traffic congestion in pub streets? conform to all applicable area, yard, height, lot coverage, building size and exterior requirements and parkii space regulations of the district in which it is located? Comments ation Offi reason: Citv Admini 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? �esr No 2. Is this a remodel of an existing structure? Yes 3. Is this new construction? Yes or o 4. Please explain the reason and circumstances for the Special Exception requested. 0 Name: Date: Phone # ( Case #BOA Property Address: • z Legal Description: Applicant: Owner Signature: Date: SWORN TO and Subscribed before me by ef 4-1 ON THIS DAY OF 20 � Notary Public, Tarrant County, Texas CONNIE CROSS - MY COMMISSION EXPIRES Vie. No r 3 2009 4f1 § 17 -421 Uses: Athletic field or stadium AG R -1 R -2 R -3 OT n MF MH C -1 C -2 I I Parking Radio and television tower S S S S S S S S S S X None Railroad freight terminal S S S S S S S S X X 1 per em- ployee Railroad Yard S S S S S S S S X X 1 per em- ployee Recycling collection facility S S S S S S S S S S S 1 per em- ployee Refuse transfer station S X X X X X X X X X S 1 per em- ployee Sewer lift station X X X X X X X X X X X None Telephone exchange S S S S S S X X X X X None Utility poles and lines X X X X X X X X X X X None Utility mains and lines X X X X X X X X X X X None Wastewater treatment plant S S S S S S S S S S X 2 minimum Water pump station X X X X X X X X X X X None Water storage tank X X X X X X X X X X X None Water treatment plant S S S S S_ S S S S X X 2 minimum Uses: Athletic field or stadium S I S S I S I S S I S I S X X 1/4 seats Auditorium or amphitheater X X X 1/4 seats Basketball courts (public) S S S S S S S S X X Baseball/softball fields (public) S S S S S S S S X X Cemetery or mausoleum S S S S S S S S S S S None Church or rectory X X X X X X X X X X X 1/4 seats College or university S S S S S S S X X X 1/3 students Community center S S S S S S X X X X X 1/200 g.f.a. Convalescent center X X 1/3 beds Fire station X X X X X X X X X X X 2/bay Government office X X X 1/300 g.f.a. Hospital S S S S S S S S X X 1/bed Library X X X X X X X. X X X X 1/300 g.f.a. Museum or art gallery S S S S S S S S X X X 1/200 g.f.a. Park or playground X X X X X X X X X X X 1/2000 site area Police station S S S S S S S S X X X 2 visitor spaces Poet office X X X X X X X X X X X 1/400 g.fa. Prison or penitentiary S 1/6 cells Sanitarium S 1/6 beds School (nursery or kindergarten) S S S S S S S S X X X 1/10 children School (trade or business) S X X 1/3 students School (elementary or middle) X X X X X X X X X X X 1/1O students School (high school) X X X X X X X X X X X 1/3 students Soccer fields (public) S S S S S S S S X X Swimming pool (public) S S S S S S S S X X 10 minimum WN To: Board of Adjustments Members From. Chad Crafton CC: Mark White Date: 9/28/2006 Re: 937 N Little School RD. After review of the information concerning the drilling of an irrigation well at the property of 937 North Little School Road, I find that there are no problems concerning this to happen. I would like to have a detailed location of the well due to the city having utilities in the front of this property. I would also ask for the backflow assembly to be tested after installation and have a copy presented to the city prior to the well producing any water for irrigation purposes. Thank You Chad Crafton Water/Wastewater Superintendent MI-1- MMWA r° ®_ 3� CITY OF KENNS E Se «F «A «C RE DE TI' 2C Ac a TI w If 14 Lisa Dawn Cabrera BOA Secretary Drive, VW Phone: )er 3, io. in the J; you e. 30A 06-13 937 N LITTLE SCHOOL RD PERRY HOOVER Perry Hoover 937 N Little School Rd Kennedale, TX 76060 Tillie B Johnson c/o Leslie Rives 1901 Graham Avenue Enid, OK 73703 Paula A Suttle 925 N Little School Rd Kennedale, TX 76060 Steven & Kelli Rod 945 N Little School Rd Kennedale, TX 76060 Michael & Debbie Nelson 5301 Singal Peak Dr. Arlington, TX 76017 Herbert Harrison 936 Little School Rd Kennedale, TX 76060 Thomas D Boone 2232 Sandpiper Ct S West Lafayette, IN 47906 M M.a - A : Date: September 25, 2006 Item: E -2 Subject: Case # BOA 06 -14 - 700 W Kennedale Pky 9 1. The applicant in this case is seeking a Variance to Section 17 -507 (4). The applicant request a variance to allow 30" copy on a sign instead of the 16" maximum allowed by Code. Originated by: Disposition by Board Mark M. White Community Development Director C ITY OF z/ © »`C � »; 2 � ! ,�w� � .y V#±&# #2±522±27222 I b! -, What created the hardship? (Continued) This existing structure is set back 67 feet from the road. The adjacent building to the South is set back only approx. 50 feet from the road. To the north of the existing structure, there is a grove of trees which lines the South fence line of the mobile home park. Therefore, our building is hidden from each direction in a "hole ". With a larger sign on the front of the building it would enable our customers to see our business quicker upon approach. In addition, the speed limit on the highway has been set at 40 mph. A larger sign would also ensure traffic safety for our customers and enable them to come to a slow stop upon approach instead of having to come to an abrupt stop upon approaching the building. . - • jr , • . w If you are seeking a variance to the zoning ordinance we needthe following information to process ' application: -" permitted exceptions for seeking a variance are: 1. Is this a repair? a. From a hail storm? Yes No c. Fire Yes No Y 2. Is this a remodel? Yes No 3. Is this a new construction? Yes No 4. Please explain the reason requested. Case #BOA Property Address: Legal Description: Applicant: ` dp -- re Type of BOA request: t7 I, .�-�-� -Y•n L 4 ry L� T- I , 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 Signature: Date: SWORN TO and Subscribed before me by ON THIS DAY OF k F� ". . 20 �� JAMI S�it7 N . �� STATE ®F T A Notary Public, errant Co ty, Texas yarns. Eicp. J i4, 7 M c h v l��, S? 4 — CD CD E D e c) 0 N �Mi M- CN m a 1 w E nLLF x iF O C O �sza� E o � 2 5 N p ° �� U l � • W z 1 1 ill z U LU o w E nLLF x iF O C O �sza� E o � 2 5 N p ° �� I d U l � W z � ill z U LU o z ter, S l 1� r 1� J Q Q w O LL c G W z I d ;z 0- 0 cy') .10 Oo § 17 -506 this state or the federal government. Such revocation shall be effective when comma_ ' ted in w ' ' g to the permit - holder. Upon such revocation, any erection, constructs relocation, alters repair, or maintenance of a sign related to the revoked permit 1 cease. (g) Appea enial or revocation of permit. A person may apVe " a denial or revocation of a sign permit to a city council. Such appeal must be in wrs nd mus t be presented to the city secretary no la ban ten (10) calendar days aftpOA city sends written notice to the address on the permit applic n denying or revokin a permit. The city council shall hear the appeal at a city council meetin soon as pra , ` "able thereafter to determine whether the decision of the sign administrator was cco nce with all ordinances and regulations. An adverse decision of the city council may be led by the applicant to district court by filing a lawsuit within twenty (20) days of tcity coup ' ' decision. (h) Permit valid for ninety da,f the work authorize a permit issued under this article has not been commenced wi 'u. ninety (90) days after the of issuance, the permit shall become null and void. , Z267, per Prior to issuance of a sign permit for a sign in h electrical wiring a to be used, an electrical permit must be obtained. The a cal inspector she plans and specifications submitted with the application to ensure compli- lectrical code of the city. No sign shall be erected in violation of the electrical c ( § 1, 4 -8 -04) Sec. 17 -507. Attached signs. (a) Generally. Attached signs are permitted in all restricted commercial (C -1), general commercial (C -2), and industrial (I) zoning districts, as designated by the city's zoning ordinance, and in a planned development (PD) zoning district if approved by the city council, as provided in this section (b) Specifications. (1) Commercial off - premises attached signs are prohibited. (2) All attached signs affixed to the wall of a building must have metal backing. (3) All attached signs shall be mounted parallel to the building surface. No sign shall project more than eighteen (18) inches from the surface to which it is attached. Signs shall not be mounted on roofs and shall not project above the roof line above the wall on which the sign is attached. (4) Copy on awnings and canopies is prohibited. (c) Effective area. The total effective area of attached signs shall not exceed the following: (1) On an attached sign for which the top of the sign is placed no higher than thirty -six (36) feet, the effective area is limited to one (1) square foot of sign area for each linear foot of building fiontage, but in no circumstances may the effective area be greater than one hundred (100) square feet. M__ LU (2) An attached sign for which the top of the sign is placed higher than thirty -six (36) feet shall be permitted an increase in maximum effective area: The sign may be one hundred (100) square feet in effective area plus four (4) square feet in effective area for each additional one (1) foot of height above thirty -six (36) feet, measured from the base of the sign to the building grade. (3) Only one (1) attached sign may be located on each facade for each tenant; however, the sum of the effective area of all attached signs shall not exceed twice the allowable effective area as specified in subsection (c)(1) or (2) of this section. (4) Maximum height of copy on attached signs shall be determined by the following schedule: Sign Height (in feet) Maximum Copy Height (in inches) 0 -36 16 37-48 36 49 and up 72 Letter heights in excess of seventy -two (72) inches must be approved by the city council. (5) The effective area of an attached sign shall not exceed twenty -five (25) percent of the area of the wall (or canopy, marquee, etc.) on which the sign is attached. (6) The width of an attached sign shall not exceed seventy -five (75) percent of the width of the wall (or canopy, marquee, etc.) on which the sign is attached. (d) Window signs. In addition to the attached signs allowed above, a person may have window signs as follows: (1) Signs in windows facing public rights -of -way are limited to ten (10) percent of the window area per facade. (2) The outlining of a window on two (2) or more of any sides with lighting, luminescent gaseous tubing, or by any similar means shall constitute one hundred (100) percent of the total window area as a sign. (Ord. No. 267, § 1, 4 -8 -04) Sec. 17 -508. Detached signs. a tcts Detached signs are perm ttut e wo- family residential (D), multi- family (MF), and manu a�c u n` t wing districts, as designated by the city's zoning ordinance, and in a plane elopment ` ` g d}strict if approved by the C ity council, in accordance yvi, ollowing restrictions: �� (1) Exce " ovided in subsection (a)(2), each premises may have not more than one (1) ached sign. v E c� Q \ . O R s m i� V O N O m Z :- W \ ® \ N ao N Z f8i \ \ r r � � LOQ Ir LO CITY OF KEN/VEDALE SE «F «C RI D( Ti 2C A( ar TP wi if 14 Lisa Dawn Cabrera BOA Secretary )er 3, 50. n the i; you a. 405 Municipal Drive, Kennedale, TX 76060 Phone: (817) 478 -5418 Fax: (817) 483 -0720 George P. Roberts PO Box 466 Kennedale, TX 76060 James L. Strowd PO Box 370 Kennedale, TX 76060 Ron Mckuin PO Box 1165 Kennedale, TX 76060 Randall & Janice White 2800 Pomponessett Dr. Arlington, TX 76001 Winters Family Investments Ltd PO Box 1151 Kennedale, TX 76060 Fern Mckinley 716 W Kennedale Parkway Kennedale, TX 76060 Eugene Kaczor 10301 CR 603 Burleson, TX 76028 Robert E. Hamos 1605 Overcup Lane Keller, TX 76248 i c �., ��� • 1111111111111111111111111 111 IIIIIIIIlIIIIIIIIIIq 1111111111 111111111111 Date: September 25, 2006 Item: E -3 Subject: Case # BOA 06 -15 - 6915 Hudson Village Creek Rd The applicant is seeking 'a Special Exception for the purpose of drilling a gas well on the Harrison Jet Guns property. 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. Staff has reviewed the application and all submittals have been received. Originated by: Disposition by Board Mark M. White Community Development Director Apr 11 06 08 :36a CitO of Kennedale (817)483 -0720 p.6 Note: Attach metes and bounds description if property is not platted. Zoning District Describe Special Exception requested: G —AStAi H' previous application or appeal been filed on this property? Yes NQ Date: Identify any requirements of Section 17 -422, Kennedale City Code that cannot be met. Give reason (s) why the requirement (s) cannot be met, Use back of this form if additional space is needed. A L,(- /Zer Qv1 �►n ®� �bt � C� ® ®� G�tN i�ti lM I declare that the above is true and correct. /90/o6 nature of Applicant Date FOR STAFF V indicate any potential injurious affect on the public health, safety, or welfare. ndicate if the uses, values or enjoyment of other property in the neigh he proposed use or diminished by Will the proposed use: impede normal and orderly development? include adequate utilities, access roads, drainage and other necessary site improvements? provide ingress or egress so as to minimize traffic congestion in public streets? conform to all applicable area, yard, height, lot coverage, building size and exterior requirements and parking space regulations of the district in which it is located? Comments pprova Officia give reason: ,3�_ Rpr 11 06 09: 36a C i t8 of Kenneda 1 e (817)483-0720 F , °7 seeking 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 • • requirement e Masonry Signage. -v 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 3. Is this new construction? Yes o N 4. Please explain the reason and circumstances for the Special Exception requested. f 67 ? , 1 Phone Date: 08/09/2006 20:41 8178200629 XTO ENERGY PAGE 04 Case ##BOA: Property Address: 6915 Hudson. Village Creek Kexineda.le Texas 76060 Legal Description: _ ®_ . 162.38 acres more or less original called 167.15 acres. mire or less, situated in the W.H ,Hudson Sutve Abstra A -.176, Tarrant cb as described in Tweed dated #201245581, in the deed of records Tarrant Cau including all trees., allevways and cas adjacent thereto, Applicant XTO Ener 810 Houston Street Fort Worth Texas 761.02 -6298 Type of BOA request: Gas Well Drillsite 1, Theqdaxe H. Harrison , current owner of above mentioned property, authorize the applicant or his authorized representative to make application for the Kenn. edale Board. of Adjustment to consider the above reference on my behalf and to appear before the Board. Owner Signature: Date: t 1 SWORN TO and Subscribed before me by Theodor H. Harrison ON THIS 11th Y OF August 2006. Notary Public ®� 0WRLO1TE R. ANDERSM .-z i-z F ory Public, StA; d Tom MAY CAMWO EYE GHM8 r August 30, 2006 Mr. Mark White City of Kennedale 405 Municipal Drive Kennedale, Texas 76060 Re: BOA Special Exception — Jet Guns Multiple Gas Well Padsite 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 2.24 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 south side by Hudson Village Creek 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 3,900' feet in length from Hudson Village Creels 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 XTO NeA'11911 believes that our operations pose no more disruption the normal activities of the surrounding residents and that the current activities that the current use of the surface use. 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 fiom Hudson Village Creek Road 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 surface. 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. XTO Energy respectfully submits these comments to request a Special Exception for approval under the Kennedale Zoning Ordinance. Yours truly, Walter Dueease Development Site Plan Jet Guns Lease - Multiple Gas Wells 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 3900' primary lease access road into the wellsite from 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 300' X 320'. 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 4y t 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 Creels 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. �&AA Walter Dueease Jet Guns Lease Fire Department Permit Requirements 1. XTO Energy shall install a Knox "box" entry key system at the entrance to the Jet Guns lease 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 %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 Martin lease. 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 200' 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 an 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. 5. 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. 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 lease from Hudson Village Creek 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. No 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 gas well location. MARIM XTO Energy proposes to seek approval from the City of Kennedale to construct an all weather access road and padsite, drill multiple Barnett Shale horizontal gas wells and install a buried gas flow line to remove natural gas from the lease to be delivered to nearby markets. The Jet Guns lease consists of approximately 162.38 acres bounded on the south by Hudson Village Creek Road. The proposed development of the minerals beneath the Martin 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 these 4 gas wells shall not conflict with existing or future operations of the Jet Guns facility. All construction and production related activities have been reviewed and approved by the Jet Guns management. Well Specifics Construction This project will have an all weather access road approximately 3900 feet in length constructed with crushed rock to provide proper drainage with ditching on the of the roadbed. The padsite will be accessed from Hudson Village Creek Road and course northerly 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 Dick Price 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 320' X 300' with a lined earthen water storage pit for retaining fresh water. Construction of the padsite usually takes 7 -10 days with all construction activities taking place during the daylight hours. Drillin This padsite is constructed for the purpose of drilling and producing up to 4 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 Jet Gun 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 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. 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 containment 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. �a A -878 i 2" PVC N 8� TER LINE EXPOSED 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 surveyed 8/18/06 The Bearing Base is "GRID ", N.A.D. 27' Datum, Tx. North Central Zone, Convergence: +00'09'22 ".4 at the Surface Location. ?� PAD AREA 2.02 ACRES 010 0 ,/ 0 01 O h N ® M Q NOTE THERE ARE NO S77?UC7URES WITH IN 600' OF PAD CENTER WADE H HU DSON A -716 300 150 0 300 600 1" = 300' 1R • HARRISON JET GUNS ADD177ON Called 162.38 IU II t'I it I I { I — PROPOSED 20' LEASE ROAD I'I 3868' OR 1.81 ACRES I tI Irl II I'I I I 1 I U II S 8914 J 0 320' N.A.D. 27 DA TEXAS NORTH CENTRAL ZONE ** JET GUNS WELL PAD CENRR ** N.• 351073.04 E.- 2088173.96 LAT. 3237'52 ".86 LONG.: 977248 ".89 t ^I * * ** DRIVNG DIRECDOv * *** t�l FROM KENNEDAL£ 00 SOUTHEAST ON THE US 287 TO EVEN ROAD GO SOUTH ON £DEN ROAD 1.1 MILES 70 HUDSON VLLAGE CREEK ROAD � GO KEST ON HUDSON VLLAGE CREEK ROAD a75 MILES TO LEASE ROAD AV NORTH TAKE LEASY ROAD TO PAD =HUDSON VILLAGE CREEK ROAD= KER & ASSOCIATES SURVE YIN 0 INC. ER, TEXAS PH: 903- 534 -9000 MASTER ROAD REPAIR AGREEMENT STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: This Road Repair Agreement, ( "Agreement "), is made and entered into on this the 2 day of JUA)F * , 2006 by and between the City of Kennedale, Texas ( "City "), a Texas home rule municipality, and A'6 AlEA?6V 17W ( "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 in 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 OPERATOR for the full amount. OPERATOR agrees to remit payment in full within 30 days of the date of the invoice. City shall be responsible for contracting for the roadway repair services and, where required by State law, shall employ a competitive bidding process to ensure that the roadway repairs are performed in the most cost effective manner possible. Should payment ultimately be insufficient to fully repair the damage caused to the roadways by OPERATOR, City may invoice OPERATOR for the balance and payment shall be due within 30 days of the date thereof. Should OPERATOR fail to remit full payment to the City for all amounts invoiced within 30 days of any such invoice, City may recover against the security required pursuant to Article 4 hereof and /or pursue any remedy available to it in law or equity to ensure that the public roadways are repaired. Conversely, the City agrees to reimburse OPERATOR the balance of any funds not used in the repair of the roadways. 3. Notwithstanding the foregoing, if, in the City's sole discretion, the damage to the roadways affects the immediate health and safety of the public, the City may take immediate remedial action to repair the roads at its own expense and invoice the OPERATOR for the full amount thereafter. 4. During the term of this Agreement, OPERATOR shall periodically inspect said roadways during drilling, fracture stimulation or reworking of the gas well to determine whether or not any damage has occurred as a result of OPERATOR's activities. Within 48 hours of discovering the existence of any such damage to the roadways, OPERATOR shall notify the City's Director of Public Works of the need for repair. City shall then invoice OPERATOR in accordance with paragraph 3, above. ARTICLE 2. TERM OF AGREEMENT This Agreement shall commence upon the date indicated above and shall continue in full force and effect until all damage caused to the roadways by OPERATOR's activities have been repaired, OPERATOR has paid all invoice amounts in full and the OPERATOR has permanently discontinued the activities upon the roadways, as described hereinabove. ARTICLE 3. BLANKET INSURANCE AND INDEMNITY 1. OPERATOR shall provide or cause to be provided insurance that meets the requirements of Section 17 -246, "Oil and Gas," of the Zoning Ordinance of the City. Such insurance shall continue until the well is abandoned and the site restored. MA, 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 Maj eure 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: _ Notice shall be deemed to have been received on the date of receipt as shown on the return receipt or other written evidence of receipt. ARTICLE 9. MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. No evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed. The parties further agree that the provisions of this Article will not be waived unless as herein set forth. ARTICLE 10. SAVINGS /SEVERABILITY In the event that any one or more of the provisions hereof contained in this 'Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not effect the other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. ARTICLE 11. GOVERNING LAW AND VENUE This Agreement shall be construed under and governed by, and in accordance with the laws of the State of Texas, and all obligations of the parties hereto, created by this Agreement are performable in Tarrant County, Texas. Venue of any suit or cause of action under this Agreement shall lie exclusively in Tarrant County, Texas. ARTICLE 12. ENTIRE AGREEMENT This Agreement and the exhibits attached thereto, constitute the entire agreement among the parties hereto with respect to the subject matter hereof, and 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 era 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 111. Notary Public OPERATOR (Name and Title) Texas Rail Road Commission Operator Number: 9449J6 STATE OF TEXAS § COUNTYOF' le A# A6 § Before me, the undersigned notary public, on this day personally appeared ,7/7�j h'1 ,QZOA 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 26 0 day of 2006. ® ® ®111111/ ® ® �Q . ®T V9�ls ® ® ®v® Notary Public 0 0 XEERGY TYPICAL WELL SITE e 60'— )� 60' Steel Pits Steel Pits Mud Logger Pipe Baskets Pump1 ro ............................. 150' 15(}' Derrick Laydown Area . .. . Mud Storage Mud Storage Pump 2 , , tH ou ' se '' ° ' " ` Pipe Racks Water Temporary Diesel Tank I Tool Pusher XTO Mud /Directional Trailer I I Trailer Trailer TYPIC DRILLING OPERATIO Jun 15 06 09:06a City of Kennedale (817)483-0720 P.2 Oil and Gas Well a Drilling Permit Application City of Kennedle LEGAL DESCRIPTION - 91 - 0610 40 AA0Pj6 Ao_ 41716 ACRES: 1,62.3 ib CURRENT ZONING; NUMBER OF WELL SITES OWNER OF; :RgCPR*D:,. ADDRESS: I CITY: 4006 ro, OPERATOR NAM'E:­A I•( Jt01gl INcoRPoRATib ADDRESS (no P.O.'Boxes): OPERATOR CONTACT. W14 partners on a separate sheet) (Agent data is added below) XAt CITY: X 1 74 0p: OFFICE PHONE 4. 6j&4qgL:PCP XT AGENT TO RECEIVt:W&fIC It, ni ........... ADDRESS (no P.O. Boxes):--- CITY: S I Al E: ZIP. OFFICE PHONE M9jPI EMAIL EMERGENC,Y. 2.4'= HOUk NTACT* PmkA! ADDRESS (no P.O. Boxes): ' //606r6ld 6 F. ci•y: STATE: 7 &_XA5 71R.26162- OFI:ICC- PHONE (0/7)6105 -_ MOBILE ( ) 40 7 L-, 1-=MAII- dAwle- L>® Moo try LA Kj eop" SURFACE OWNER UNDER PAD SITES: 7_14e0V6e,,c ADDRESS (no P.O. Boxes): 6L52_ IZAI _LpL/ ,V,..15 v I • CITY: STATE: 12tKa_i�. .... ? 2 ,, 5 2- A OFFICE PHONE MOBILE (_) , EMAIL 12 -22 09/08/06 15:23 FAX 817 682 7268 XTO 4kl� -0720 WELL INFORMATION: WELL NAME: . ,lr6vw. Uoir a m , PAD SITE u WELL AN. 42- 439 _- 31746 , RRC PERMIT NUMBER –4 --- ABSTRACT: 7 —, SURVEY: &)a 0 0 AVIOSOA/ X-COORDINATF.; X,955� 97 73. 4 4 Y-COORDINATE; WELL. NAME: Jor6odosoma —, PAD SITE ..,— / WELL NUMBER WELL API 42- 439, - _317SS , RRO PERMIT NUMBER: 6Z TTS ADSTRACT; 7/6 s X-COORDINATE: WELL NAME: VA)i a5' ``P. NUM BER WE LL API: 42= 3! , Rko m ABSTRACT. 716 AWS4'A-' X-COORDINATE' /68. 11,07-4. 2 T 3 K044 s I T E ', M�Qi"4 !-Li W N U M D E R, 4 ABSTRACT A.go WU, X-COORDINATE WELL NAM# SjT we :D, -C�NLIMBER iy F l= WELL API.42- ABSTRACT: $URVEY; X-COORDINATE: Y-COORDINATE. WELL NAME PAD SITE ABSTRACT: , SURVEY: WELL, NUMBER 09/08/06 15:27 FAX 817 882 7 XTO wi U14 ',":* - .UfwAa LWA TION JET GUNS 441 ww- Mi WELL LOCA-1100LAT�-��"' IN W WA: HVCHON SURWY, P MATMEW MOM BFIyG 23,4 pW THE m" UN OF SAME "0 ENERGY., . t ! - ALSO BM TH 5WTH UNC Of EC. CANNON A-9 ' M I �1-1 !� AND BONO KNCTRATION POINT XT QUNS 4H VEIJ, JET QJNS UNIT-4K,;:,,, IRg".. THE WEST LINE OF THE 114 THE WK KUDM SIRIVEY. A-716 , ,,MAAUDAOH SURWV. A-710. SAbr- 'T;: ROM 032' FFM THE OWN WOE Of SANE UNE OF THE E.C. CANNON MIT W OF E EAST UNE THE IM RICKEY IT 2014.669 UN B&NO A L A B91NO TOF MUM A-370. AND BEING M ZV. A-1352. SA M PMIAr EIKO W FRMA C NORTH UNIT UH AND 8 420' PM 'ARRANT CC)UNvyi WM UNIT LJOL 8URVEY, FROM BOX FR THE WU WHE W- THE W,". NUDSM SURLY. A-ViO, SAME 500 25Q. 0 1000 BEING " CAST WNE OF 114E R.C. RICKEY suiqvirv. A -1339. SAJO POINT GE31 63X nWM THE NORTH UNIT UNF, SAID PDtNT AL" ONG eo3l FROM THE VM UWT UNE. 500' BOTTOM I= 4.7 ums 4H wft!., 6 R, , W A L A - lii� S S & S u R V V1 N 0, livo. IN THE VIA. HUOUR MAVEY, A-716 BEING 33Y FROM THE SOUTH MN9 OF SAW P H i 9 0 J° 6 3 0- 9900 ALSO ONG THE NORTH UNZ OF THE MATTHEW Prvfo& LaVI'd -%RqMw Go h slats of I ANDERSON WRVEY, A-9, AND BANG 2Z42240' FR9M THE UAST U OF THE M OW.ot WW prq%gMd ftM a pm-W gumveye and tftmm V hrwviw?A:kq and /a fts and qwrate M Ma best of my knq -,, Nuasom Y. A-716, SANG B204 THE EAST WOE OF THE JOa- MOM Gpm�,mgw MY.P Aw �MtL thro (ho am day at Sept 6w, Swjittgv. A-ita, sAM PftT BEING 027 fROM SHE EAST UNIT LJNZ. SKID MM ALSO EM6 xkw 2117 3M- FRUM THE SOUITH UNIT LINE. su 1.2 Ease Soulheot of t(r6NNEDALZ 'MANVVILY sycla of re"D 6 21F7 M6 Quemangle to M .61.0 09/08/06 15:27 FAX 817 882 7268 XTO us d C - - IE dep-�h ®z 1 425 feel., L0013 L0013 62 r ��. DISTRICT 05 COUNTY TARRANT ACRES K! s I ON This permit and any allowable assigned may be revokW if payment for fee(S) subnuttcd to the CQmml5SiOU is not honarod• District Oln" Telephone No: FTELD(a) and LIMITATIONS: SEE FIELD DISTRICT FOR REPORTING PURPOSES FIELD NAME ACRES DEPTH WEU 0 Dist' LEASE NAME NEAREST LEASE NEAREST WELL ----------------------------------- --- ----------------------- NEWARK,. EAST (BARNETT SHALE) - - - - -- ........ --- - - - - -- - - - - - -- - -- 204.$9 11,700 4H 09 333 30 JET GUNS UNIT ---------------------------------------- -- -. WELLBORE PROFILE(s) FOR PMLD: Horizontal --------- MTRICTIONS: Lateral: TH1 penetration Point Location Lease Linea: 632.0 F N L sas.a F w L Terminus Location Lease Lines: 921.0 F E L 333.0 F S L Survey Lines: 333.0 F 5 L 2249.0 F W L 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 this well is to be used for brine mining, underground storage of liquid hydrocarbons In salt formations, or underground storage of gas in 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 Tiime Stamp: Sep 7,20(361:44 PM(Currenti V onion) page 2 of 2 09/08/06 15:26 FAX 817 882 7268 XTO N .. " . SURFACE LOCATION dity GUNS 3M IIAL, W91. LOCAMO PLAT w THE wi.-, (itiosm suiviv. AND Ue' Rxi — i ETH _Q at M R ­­' WARD AN a ' 7;9_03 ARENN A-0 3 m w o, 'F_&tC',NUOSON SUWVEY, h--710. SAM V,t.: E st ALSO WNO THE SOUTH UNE OF THE F-r- OAHNO" a 1.35 ACRES LE33 at on 010 ACRES 01 n' ARRANT COUNTY'k. WE *M UNIT UNE. 7 A N .. " . SURFACE LOCATION dity GUNS 3M IIAL, W91. LOCAMO PLAT w THE wi.-, (itiosm suiviv. AND 12 — i ETH _Q at M R ­­' WARD AN a ' 7;9_03 ARENN A-0 3 m CALLED 0.73 ACRES ARNOLD HOATDN at a' 'F_&tC',NUOSON SUWVEY, h--710. SAM 4 3 ig7 ACRES WAYNE DAMS at Um 6 ACRES DWARAVE0 Ot Uv ALSO WNO THE SOUTH UNE OF THE F-r- OAHNO" a 1.35 ACRES LE33 at on 010 ACRES 01 n' ARRANT COUNTY'k. WE *M UNIT UNE. 7 A C AJ BAD c1H i gfi 1.0 ACRES camr LES at on ODNO THE EM LINE OF THE R-0. RICRFY suRvEY, A-138D. SAID PONT MHO 731 MOM 0 cALLEO 1.0 ACRES 11ARLIEW. at 0 Ig CALLED %5 ACRES MICHAEL qkVfOA0 at us BOTTOM ME JET CUNB 3" mi- It CALL 0.5 ACRES CYRIL SMITH �L ug 7 Y I F R, I'W. IS PH.. goLy - 5 3 4 -900 0 12 CNIM 0.0 ACAU VE"A,F..JWM_S at QJ ANDERSON SURVEY. A-9, AND RENO tI97' FROM THE VM U14C 09 VNP 13 - CALLED 1.1 ACRES JOH MIiU"T­d%;:49T­ kj&VWMjj0n Mtt /a 6G and dWMI & 00 609( Of MY k *09m 1 4 - CALLED 0,5 - 1440, SAID POINT DENO 1107' FR&4 MW UNIT UW, SAID PONT fflltO BEING 15 - CALLED Ila ACR95 JOSEPH 0. DAMS at -0 ftUM 0.597 AVR93 HERUAT WOW at 01 1.2 Mlies Southwet Of ROWDAtE t9 - CALLED 2EL61 ACRES LULL TM RA94 at ulf 18 CALLED D,34 ACMV;IDONALD POLSTON at on to CALLED IIAWWNS at on 20 21 CAU90 O.M.:ACRES VARY L. SAMSON QA o o 2 MAINE JONNSON. A VMdW 22 0,4115 ACALt OXIAD FEISTERpat 'on CUM 0,41$ 'MARWTWI�AROLVI d `F Zi 24 - CALLED �,%n A" at CALUW (�,34 ACRES 90 EMMONS'st on 2 25- CALLED " 0.42 ACRES 00 at UH 28 - TABOR SR at on 27 a CALLED Ot34 GARY JMKINS (A ug 0.41"Migg CHAALrg LA9MONS at on 28 29 CALLED , CAL LED 0.34 ACM9�, MOY L EWE at on 30 CALLED 1.16 ACRES"' -m:9I4 moomy et uIA 31 CAUD 0.33 ACM MARIVIAEMP at 01 42 - CAILED 0,69 ACRES JANICEPRIDE at us 33 6 - -, ,CALUED8D.64yA095 DAMb LENWAN 34 A. WELIS at on 35 0. ALEXANDER w - ':.CALLED 0.37,'�CRES NO M C. vewaft m I 204.889:"TOTAL 0= Ackeg IN UR)T & BALD. UNIT N .. " . SURFACE LOCATION dity GUNS 3M IIAL, W91. LOCAMO PLAT w THE wi.-, (itiosm suiviv. AND mile- MATmEW ANDERSM O 2SY-TROM THE NORTH LINE W SAME :, Am BEIRO THE SOUTH UNE OF THE F-0, cAmmm XM ENERGy..!- � M A-0 HE' AND 800 JET GUNS UNIT 37.9� MT UNE OF THE PENEIRANION POINT S U RVEY. am vmj w) nit W.". HUOWH SURVEY. &--716 - 'F_&tC',NUOSON SUWVEY, h--710. SAM 90%G 732' FROM TILE NORTH UHL OF SANE ::::,`,BE1N9 TjjF. EAST LINE OF THE FLM MOREY 2046 059 ANE. ALSO WNO THE SOUTH UNE OF THE F-r- OAHNO" SURIIEV. A-mg. sAb POINT MmO 23Y FROM TK NORTH UNIT UNE. AND WOO 39CV FROM SURVEY. A-17% Aub 08140 620' FROM " WAT UNE W WE ARRANT COUNTY'k. WE *M UNIT UNE. w.K HUDSON SLRVEV' A-710, SAME 500 250"" 0 , ,6 1000 00""" ODNO THE EM LINE OF THE R-0. RICRFY suRvEY, A-138D. SAID PONT MHO 731 MOM THE WORTH UNIT LINE, SAID PONT ALSO SEINU 033' FROM THE UNIT UNE, BOTTOM ME JET CUNB 3" mi- W A t K &07; s SUR VC YING, 1h 14 THE WJ4 HUDSON SURVEY. A-71S BEMC 574' FROU THE ROUTH UVZ OF SAME 7 Y I F R, I'W. IS PH.. goLy - 5 3 4 -900 0 ALSO REMO TK NORTH LINE OF THE MATTHEW -1 1. D&MWAMOW., evkfamd pm&-r Lead Q0 hW86J a jL to F C. ANDERSON SURVEY. A-9, AND RENO tI97' FROM THE VM U14C 09 VNP VNat MN,"plut van pMowd Cram 0 PVtW Wn#Y *wd #m PUMP %a T A-7. %AM9 W. H. hurOw VJRWI. NI kj&VWMjj0n Mtt /a 6G and dWMI & 00 609( Of MY k *09m (MG THE FAST UIVE OF THE JM SNiDEA Gtov"&W MY,IkA AW MI. (hfp Ma, 6& day of &pf.umveq. mms H. WAIM - 1440, SAID POINT DENO 1107' FR&4 MW UNIT UW, SAID PONT fflltO BEING 330' FROU THE SOUTH UNIT LINE. S u a 1.2 Mlies Southwet Of ROWDAtE smis of rw Nn, 2hy ° YAWSMUD ® ClU86ran@18 m I ei w 0 .,G%IG F , 00/08/06 15:26 FAX 817 882 7268 XTO to 010 . j tg.Xag t-ba. land MrlaOL' - tlnAt - mci td @co= at a � 1,1,ftt The hme of the ftataceOug 'a d ni 423 -r-09-6. 09/08/06 15:26 FAX 817 882 7268 MAKIM RMLROAD CorvEWISSION OF TEXAS OIL & GAS DIVISION PERMIT TO DRILL, DBEPEN, PLUG BACK, OR RE-ENTER ON A REGULAR OR ADMINISTRATIVE ExcEp 1,0CATION PER1v(1T NUMBER DATE PERMIT ISSUED OR AMENDED DIST RICT 05 626539 Sep OY, 2006 . API NUMBER pORM W-1 RECEIVED COUNTY 42-439-31756 Sep 06, 2006 TAR NT TYPE OF OPERATION WELLBORE PROFILE(S) ACRES NEW DRILL Horizontal 204.89 OPERATOR 945936 NOTICE This pen and any allowable migncd nmy be XTO ENERGY INC. revoked if payment for f-(s) subrnitted to the Conmijasion is not h0jaOxled. Dioria OMee Telephone No (940) 723-2153 LEASE NAME WELL NUMBER 3H JET GUNS UNIT FTELD(s) and LIMITATIONS: * SEE FIELD DISTRICT FOR REPORTING PURPOSES - FIELD NAME LEASt' NAIvM- -------------------------------------------------------------------- NEWARK, EAST (BARNETT SHALE) JET GUNS UNIT ------------------------------------------------------- WELLBOREPROFILE(s) FOR FIELD Horizontal . ---------------------------------- — ----------------- RESTRICTIONS: Lateral: THI p enetra ti on Point Location Lease Lines; 732.0 F N L 633.0 F W L Terminus Location Lease Lines; 1197.0 F W L 330.0 F 8 L Survey Line*, 374.0 F S L 1197,0 F W L ACRES DEPTH WELL N NEAREST LEASE NUARtSTWL-LL --------- ------- --- 204-89 11,500 3H 09 330 30 THE FOLLOWrNG RESTRICTIONS APPLY TO ALL FIELDS This well shall be completed and produced in compliance With applicable special field or statewide spading and density rules, If thi ! well is to be used for brine mining, underground storage of liquid hydrocarbons in suit formations, or underground storage of gas in 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. 09/08/06 15:25 FAX 817 882 7268 XTO Un ;A Ell R wi v U ?i 1 �, SufvAce LwAllom LET GUNS 2" WEIL WML LOCATIOWPLATT` THE W.W SURWV, A-710 ' CA= Ajg95 KENNETH VANN at at MORTON SEND 23,V, THE NORTH LINE CF SWE XM ENER(;Y­,­1NQ,9':,- ALSO BEING THE SOM LINE OF THE EM CANNON 3 4 m 5 CALLED 0.73 ACR ARNOLD at at CALLU) 1.07 ACRES WAYNIZ.,001t at am CALLED V.ZG ACRES DAMW.VARAVEO ok Un PV�lEIRAQQ0 PANT ,r MMS 2H VOII, 6 ° 7 CALLED 1.35 ACRES NMWAN,:= 6% Um CA U90 0.90 ACRES XHNNIEJVNN at al .,%HfnAUOV)N EMU, A-M, SAME 8 CALLED 1.13 ACRES GRANT Lg)5 ok av ALSO BUNG THE soum ELF Of THE E- WHON 9 CALL90 LD ACRES EARLIVE-NAWTUN at ua 500 691HO THE EAST LINE OF THE R.Q PJ04FV iMWe, A-130. SAID POINT OEINC. 475' FROU 10 CALLED 0.6 ACRES U104AEL STANFORD at ux 1214- FROM THE WEST UNIT LINE 11 CALLED 0.6 ACRES CYRIL S&HTH,F4 ux 1H THE WN. HUDSON SURVEY. A-716 12 CALLED 0,15 ACRES VERN A F. IONES, at 0 5 3 4 - 9 0 V 0 ALSO stmG W mORI[H LINE OF THE YATTmEW AND EEINO III - 14 - CALLED 1.1 ACRES,,;; : tALM OA, ACRES .F.d w biltmmika oy d r am d f@ tftit b"( of my jhjoxftd�- . �S% Ca No THE EAST UNE THE JOV. WOW 15 CALLED 2.13 AGRE5 JOWPH B. DAVIS ut" or 2117 655! FROM Tfff SWTH IJ14T LINE IB CALLED 0.597 ACRES "CAMAT V40M at ad 'UANSMLD* Quadtangle 17 CALLED 25.61 ACRES UK% ISM AA- at U I@ CALLED 0,34 AWnjj POLSTON at Wt 19 CALLED OM ACrtA IMAI"S at oA ""ILAY 20 rALLM O.dI4;;MRES L, SAMSON 21 CALLED 0.65-ACRE'S ' DIANE JOHNSON, A "bOW 22 CALLED 0 ACRES DAVID. FE( 41:m 23 24 CALL.EV'"S ACRES uARpAnoffl I al CAL=',=6 A= 25 - CALM A= JOE 0000 at III 26 - 27 - CALLED Aaiik­ TAM SA . . CALM QREST"' GARY J949WS at ug 221 - CALLED 0.4PMMES CHARLES LAMMONS at O-A 10 - mao 6.34 ACRE5':,!:.TROY L BLUE " u 30 - 31 - CALLED 1.10 ACKS 1 ;RALPH 90MEY at Ux ES D O. 0 6a"KENP at fit CO333 32 - CALLED 0.66 A JANIMMOE at ux R ES 33 CALLgb,0.84 -ACRES DAMP LEHUAN S .4 3 .MON Es"'JUK" A. MILS at Ux D, ALIM(ANDER 35 0.37.1ACRES HOIAER G 0~9 111 20+.886'.ToTA6 CAaM ACAFS IN UNIT & DR)A UNIT N- 27 DANN 1­XF2W AW7H GUMAL ZOW 'h�Pr r Low 7AW AT mw v WA J310?244 20man Lwa. 8778 pwr AT aw of mu as IS JOAMM MKI 3P ae Lam: V, olke AT &W M WmL 5famoo LAT! Loyal g778714r89 1 �, SufvAce LwAllom LET GUNS 2" WEIL WML LOCATIOWPLATT` THE W.W SURWV, A-710 P �N kita MATTHEW ANDERWN SEND 23,V, THE NORTH LINE CF SWE XM ENER(;Y­,­1NQ,9':,- ALSO BEING THE SOM LINE OF THE EM CANNON A-b AM BEIND PV�lEIRAQQ0 PANT ,r MMS 2H VOII, JET GUNS UNIf"N", onmem THE WEST tme w THE IN THE W.H. HUDSM SURVEY, A-710 .,%HfnAUOV)N EMU, A-M, SAME EEIno 475 FROM 1VIE NORTH LINE Or SAME 204.N9 A C R :T�" BONO THE LAST LINE OF THE R.C. RIC"EY "StIRVEY, ALSO BUNG THE soum ELF Of THE E- WHON —JE,UNIT". A -1359, M POINT BEING 23e FROM THE NORM umf uNF, AM BUNG 44V MOM TARRANT CGUNTV ` Tmsw g vcp UNIT UNF_ SVRW� "70, AND BEING 1207' FT= THE WEST LNE OF THE imm. Huosm SURVEY. A-710, SAME 500 691HO THE EAST LINE OF THE R.Q PJ04FV iMWe, A-130. SAID POINT OEINC. 475' FROU THE NORTH UNIT UNF, SAID MINT AM MM 1214- FROM THE WEST UNIT LINE %A 500' eoffou KME XT OW49 2H W.L 1H THE WN. HUDSON SURVEY. A-716 W A L K ttft: Z 9 S 0 C S SUR V YING, INC. 6VQ aSV MO&ITHE SQUM LINE W LANE 5 3 4 - 9 0 V 0 ALSO stmG W mORI[H LINE OF THE YATTmEW AND EEINO L7074"A Kwo-- Aq pmmwow wd &Twof ob h-sby a to OF .4-1.. Wat ;;;p7 — V fivo ii pffm sunvy and ftm publia o c MOERWH WV, A-9. MW MW4 THE MST UNE W THE W.N. HUDSON SUMV A-710, VAUE .F.d w biltmmika oy d r am d f@ tftit b"( of my jhjoxftd�- . �S% Ca No THE EAST UNE THE JOV. WOW lvmf1_ ' Mr, MAND AND 594L Wo me 6th du of swrho-bo-t DENNS H. WA" tURVEt A-144A SAP) POINT DEN W FROM THE PST UNIT LINE, SAID Pat%? ALSO MHO or 2117 655! FROM Tfff SWTH IJ14T LINE 1.2 muse Swwoost DI K(NNOALE State or rhms No, MY 'UANSMLD* Quadtangle m I wr.Tn" 10%10 ff ME 09/08/06 15:25 FAX 817 682 7268 XTO WJ U i 09/08/06 15:24 FAX 817 882 7268 XTO LN FIELD(s) and LIMITATIONS: 6 SEE FIELD DISTRICT FOR REPORTIMO PURPOSES * FICLDNAMB LEASE NAME ---------------------------------------------------------- --------- NEWARK, EAST (BARNETT SHALE) JET GUNS UNIT ----------------------------- ------------------------- WELLBORE PROFILE(s) POP, FTELD. Horizontal ----------------------- ----------------------------- RESTRICTIONS-. Lateral: TH1 Penekr*tiaft Point Location Lease Lines: 475-0 F N L 1216.0 F W L Terminus Location Lease Line ®i 330.0 F E L 055.0 F 5 L Survey Lines: 055.0 F 8 L 2848.0 F W L ACRES DEPTH NVELL # NEAREST LEASE NEAREST WELL -------- --------- ------- --- 204.159 11,800 2H 09 330 30 THE FOLLOWING RESTRICTIONS APPLY TO ALL FIELDS This well shall be c*rnplated and produced in compliance with applicable special field or statewide spacing and density rules. If thi well is to be used for brine mining, underground storage of liquid hydrocarbons in salt formations, or underground storage of gas in salt formations, a permit for that speellic purpose must be obtained from Environmental Services prior to construction, Including drilling, of the well in accordance with Statewide Rules 91, 95, and 97, RMLROAD COMMISSION OF TEXAS OIL & OAS DIVISION PE lr TO DRILL I , DEEPEN, PLUG BACK OR RE-ENTER ON A REGULAR OR ADMINISTRATIVE EXCEPTION LOCATION PERMIT NU ER JDATE PERMIT ISSUED OR AMENDED DISTRICT 626538 Sep 07,2006 05 APT NUMBER FORM W- I RECEIVED COUNTY 42-439-31755 Sep 06, 2006 TARRANT TWE OF OPERATION WELLBORE PRONLE(S) ACRES NEW DRILL Horizontal 204.89 OPERATOR 945936 NOTICE This perinii and my allowable assigned may be XTO ENERGY INC. revoked if payment for fee(s) subardited to dic Commission is not bonored. District dtfice Telephone No: (940) 723-2153 LEASE NAME WELL NUMBER JET GUNS UNIT 2H FIELD(s) and LIMITATIONS: 6 SEE FIELD DISTRICT FOR REPORTIMO PURPOSES * FICLDNAMB LEASE NAME ---------------------------------------------------------- --------- NEWARK, EAST (BARNETT SHALE) JET GUNS UNIT ----------------------------- ------------------------- WELLBORE PROFILE(s) POP, FTELD. Horizontal ----------------------- ----------------------------- RESTRICTIONS-. Lateral: TH1 Penekr*tiaft Point Location Lease Lines: 475-0 F N L 1216.0 F W L Terminus Location Lease Line ®i 330.0 F E L 055.0 F 5 L Survey Lines: 055.0 F 8 L 2848.0 F W L ACRES DEPTH NVELL # NEAREST LEASE NEAREST WELL -------- --------- ------- --- 204.159 11,800 2H 09 330 30 THE FOLLOWING RESTRICTIONS APPLY TO ALL FIELDS This well shall be c*rnplated and produced in compliance with applicable special field or statewide spacing and density rules. If thi well is to be used for brine mining, underground storage of liquid hydrocarbons in salt formations, or underground storage of gas in salt formations, a permit for that speellic purpose must be obtained from Environmental Services prior to construction, Including drilling, of the well in accordance with Statewide Rules 91, 95, and 97, 09/08 15:24 PA X 817 682 7268 XTO L0005 This plat does not repr4dent o boundary Auney Acreages shown hereon are deed called er ccicalated Prom deedo furnighed by others. MonUmcntotion shown heron wag found. Surface Location ties are shown from Ths location surueWd 8/15 /06. The Bearing ®ode is 'GRID '. N.A.D. 27' Datum, Tx. North central Zane, ConVCrgcnco: +00 ",1 at the Surface Loeotlen. & GUNS 9 t SURF. LDC. " rm L 1 - CALLED 04.38 AGPIES HARRISON T GUNS Aga. +06'09 ° 22 ® .9 2 - CALLED 75.508 ACRES KENNED4 WARD VANN at al 9 - CALLER 0.73 ACRES ARNOLD HOAWN at cd a - 9 - cAUIt� 1.07 ACRES CLUJ�D 016 ACRES WAYNE GAMS at us DANA CARA4£6 at W 5 CAL 1.35 ACRES NORLJAN LEIS at ux 7 - CALLED 010 ACP3 JOHNNIE CUNNINOHAH at al u B - CALLED 1.0 ACRES GRANT LEIS at us 0 CALLED 1.13 ACRES CARUEVE HANPTIg4 4t utt 10 - CALLED 0.5 ACRES E904AFL STANFORD at ux it - CALLED 0,B ACRES CYRIL SMITH 5t ux 12 CALLED 9,5 ACRES VERNA V. JONES of 41 t7 ® CALLEO 1.1 ACRES MKN HUNT at uz 14 - CA190 0.0 ACRES VIRLEY MARTIN o f 41 1a - CAL ED 2.113 ACRES JOSEPH 0. DAMS at ex 16 - CA -LED 0.597 ACRES HERBERT WOOD at at 17 - CALLED 25.6i ACRES LUF.L, TDOD RASH at ua 1e - CALLED 0,98 ACRES DONALD POLSTON at ux ®® 10 - CAI IrA 04® ACRES CHARLES HAWdINS at ux 26 - CA 0.04 ACRES NARY L SAMSON 21 - CALLED 0.35 ACRES DIANE JOHNSON, A MDOW ciao 0 22 - 23 - CA 1120 0.415 ACRES CALLED D.35 ACRES DAVID FF EYFR at ux MARGARET SANDUN at GI S ®B 4 E 24 - 25 - CALLED D.34 ACRES CALLED D.42 ACRES 808 CIEMMONS at ux JOE 0080 at uF 26 - CALLED 0.35 ACRES MEORDE TABOR SR at ux 27 ® CALLED 0,34 ACRES CARY .ENKINS at UK 2e - CAUED 0.42 ACRES CHARLES LWuONS el ux 20 - CALLED 0.34 ACRES TROY L. BLUE at ux 30 CA4LE0 1.115 ACRES RALPH MOOINEY at ux Si C AI all 32 - CALLED D.Se ACRES JANICE It a sh ° CALLED 0.04 ACRES DAVID LEHMAN 34 - CALLED 0.4 Ards MON A. WELLS e! U& 1 , 35 - CALLED OAi2 ACRES RICKEY D_ ALEYAN 39 - CALLED 0.37 ACRES HOMER 0. DO OLIFE III 20d.B00 TOTAL CALLED ACRES IN UNIT & ORLO. UNIT 09/08/06 15:24 FAX 817 862 7268 XTO 10 U04 RMEIV om , khp 6mm cming � mo 151 FR. K., ar, TORO AUG 3 1 zw P m 7 1 X 1 78 P '7,1 IN 2 LP w mkm ZIP CM8 YOUR WELL SITE AND ALL SURROUN ALWAYS INCLUDE A: IWAOi SHOWING 09/08/ 15:23 FAX 817 682 7268 XTO FtBLD(s) and LIMITATIONS: SEE FIELD DISTRICT FOR REPORTING PURPOSES R FIELD NAME LMSE NAME. -------------------- ---------- ---- --- - - - - -- ------------------------ NEWARK, EAST (B,ARNETT SHALE) JET GUNS UNIT ------------------------------------ — ---------------- WELLBoRE YROFILE(s) FOR FIELD: Horizontal ----- - - - - -- — 1 ----------------------- °---------------- RESTRICTIONS: Laceral; T141 Panetrasion Poin@ LOCa[ion Mae Lines: 617.0 F N L 339.0 F W L Terminus Location Lease Linea: 330.0 F S L 330.0 F W L Survey Lines: 3396,0 F N L 330.0 F W L 10003 ACRES DEPTH WE•LLN WST NEAREST LEASL° NEAREST WELL -- - - - - -- --- -- - - -- - - - ---- - -- 204.68 11,400 1 H 09 330 0 T148 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 WE well is to be used for brine mining, underground storage of liquid hydrocarbons in Salt formations, or underground storage of gas in 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, Operator 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 clai to have, against the City of Kennedale anti /or its departments, its agents, officers, servants, successors, assigns, sponsors, volunteers, or employees, created by, or arising out of personal injuries, known or unknown, and in to property, real or personal, or in any way incidental to or in connection with the pel'forn►ance of the work performed by the operator under an nil and Cias Well Permit and the operator caused by or ar'isir►g out of', that sequence of events which occur from the operator under the Oil and Gas Well Permit and work performed by the operator shall fully defend, protect, indemnify, and hold harmless the City of Kennedale, "Texas, and /or its departments, agents, officers, servants, elnplovees, successors, assigns, sponsors, or volunteers from and against each and every claim, demand, or cause of action and any and all liability, damages, obligations, judgments, losses, hoes, por►fQltics, costs, foes, and expenses incurred in the defense of the City ( )f Kcnnedale, Texas, and /or its depar•tmertts, ftgcnla, officers, Servants, or employees, including, without limitation, Personal injuries and death in connection therewith which may be trade or asserted by the Operator, its agents, assigns, or any third parties on account of, arising* out of, or in any way incidental to or in connection with the performance of the work performed by the (_)aerator under an Oil and Gas Well Pepiiit ;'and:.the Operator agrees to indemnify and hold harmless the City of Kennedale, Texas, and /or it; departments, and /or its ofF;ci *rs, agents, servants, employees, successors, assigns, sponsors, or volunteers front any liabilities or dur.nugcs suffered as a r4sirlt of claims;.demands ',cOSts i�O:r+ljus trients against the Cjly, „tend /hr, its departments, its officers, agents;: servants, or employees created by, 0 h;afsing of'a1W2 4dtsXir ornissions of the'Cik :' Kennedale, occurring oil the drill site orropetati0n site in the course and :tsebji' ;ii C;;xn �ucling ani3:`ipermittit; the:.gas, wells INCLUDING, BUT NOT LiMIT>E;b TO, CLAIMS AND DAMAC; Al2lfS11NG iN4V1AQj,. '-UR iN PAI3TTROM THE SOLE NEGLIGENCE OF THE CiTY OF 3 ,NNTDAI.F OC: G 12kL1 'JYf�,.•C1N.'7'Nk;' pAtl(Ij`I1 OPERATION SiTE IN THE, COUR.s , AND ,•. ),. SCOI'i Ole ANSkkC °PING AND PERMdTT'l1I+tG ^'I!!fiE OIL AND.CAS;:; Ff'.!L IT IS LJN>nT.Rg'1'UUll AND AGREED THAT THk .IjVUEMNI'1'Y YKUV1DFiD ?;! EC R;,; ^ll!I; :,;THIS Si CTIC)N "'7S AN;; 'INDEMNITY EXTENDED BY THE ;.,,... OPERATOR TO •;1NDkyI4!(•NT.FY,. •ANl7 ":T.9OTX C:T TIIE : C;l'll`Y OF kENNEDALE, TEXAS, AND /OR iTS ..:......... DE PARTMENTS, AC'E1�1'1C5,'''OTF>[c RS, SERVAN Olt Fkb THE C;ONSEQUENC:Fs OP' '1'llls NEGLIGENCE OF-THE C11"Y OE�,,.'�NNEDALE, TEXA,iSi A ND /OR ITS Drl' ARTMENTS, AGENTS, OFFICECZS, SEIZVAN'1'S, UK EM)f'LUa'EES ;,YI> I1TIi;El2 THAT NI CI TtTit CE, TIIE SOLE OR CONTRIBUTINC CAUSE OF ti,,.,.,.... .. , ; , THE RF.SIJI,TANT iN.ItJRY, ,JjTf;O! p Q)� ,D M�GE '; )lt ; } ,LMOMA Y k'OR THE SOLE NEGLIGENCE OF THF. . •::. . _lTY IN THE COURSE AND'S.CO><' `U ±'Y S,1}UY'Y "I'O INSPEC•.T�lA1VD,..PERMIT THF. GAS WELL IS r ,IMiTr.p TO 11. THE MAXIMUM AMOCIN'IC Ox'xkEC��VI(rXZ U DER THE TORT iMS "ACT. ACkNOWLEDGEMENTS: ,.' I certify that the above correct and cciiPpIcte and th.aC;T ant now Or 'will b6'fully prepared to present the above proposal to the permit aiifltiii'ity aidliave.(oh'talnei] a Slieolal Fxceptriin and will comply with all stipulations set forth by the City of Kennedale Board of Adjitatineiil ; tmti.ppcals. i furtltcr certify that 1 have read un' derstand and will comply with the infurmalion contained in the G€rs Utihi�g;:arrd l 'roduCtion Chap 4 ®r of the Code of the City of Kenrieddle: The terms and hrnvi iims of the "Gas Drilling and Production ChaF54er of the Code of [lie City of Kenne(ale, as funcndcd, arc:' incorporated into this Gas DriIting and Production Permit as if wrinon herei>Z a}id be.comidered terms r►ud conditions of tlw'Perrnit applied for. Operator; I ( r` Sr mature -- -- Fririted'i' Date: 13E OKE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day pursorially tippctrred - A bQ (owner or agent name), known to Ole 14> be the parson whose name is subscribed to tic foregoing instrument. and ackuowled 0 to me that ire /she executed same for l.hc purposes and consideration therein expressed as the act and deed oF. � al -06 . , and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the, tray of `4�i , 20 R A W JENIFRR L. BROUSSARD STATE ®F TEXAS (Sear gv,: Eap. 90/94194 Ay Commission Expires: - P id No. 104572700 Travelers Casualty and Surety Company One Tower 06183 WHEREAS, the Principal has obtained or is about to obtain a license or permit for Road Use 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 Y d day of April, 2006 OVIDED, 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. Travelers - America Godsey, Aftorney-in-F(dct TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 OW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY CO ANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies ") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Teresa Godsey, Stuart L. Iverson, Linda White, and Brenda McCaw, of Fort Worth, Texas, their true and lawful Attorneys }in -Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s )-in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate ofauthority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. fED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed. by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. U14- IMPORTANT DISCLOSURE NOTICE OF TERRORISM INS11RAr10E C On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act "). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of an insurer's statutorily established deductible for that year. The Act also caps the amount of terrorism - related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. �011 ACORD DATE (MM /DDNMY ,. ' CERT LIABIL 4/3/2006 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION W^ Rigg Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE r HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Main street, Suite C -50 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P�,,t Worth TX 76102 (817) 820 -8100 (817) 870 -0310 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: American Home Assurance Co. XTO Energy Inc, XTO Resources I, LP INSURERS: Chubb Custom Insurance Co. and XTO Resources Pipeline, LP INSURER C: Steadfast Insurance Co. 810 Houston Street, Suite 200 Fort Worth TX 76102 INSURERD: U. S. Fire Insurance Co. INSURERE: Lexington Insurance Co. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 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. CITY OF KENNEDALE INSR DD'L POLICY NUMBER POLICY EFF POLITY EXPIRATION TYPE OF INSURANCE OJE LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1'000'000 B X G ENERALLIABILITY 79545567 4/1/2006 4/1/2007 PR MSES eoccurence $ 100,000 PMERCIAL CLAIMS MADE 5-1 OCCUR MED EXP (Any one person) $ PERSONAL &ADV INJURY $ 11000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OPAGG $ 2,000,000 POLICY PRO. LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ X D ANY AUTO 133720563 7/28/2005 7/28/2006 (Ea accident) 1,000,000 BODILY INJURY $ ALL OWNED AUTOS (Per person) SCHEDULED AUTOS • BODILY INJURY $ HIRED AUTOS • NON-OWNED AUTOS (Per accident) f PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY . EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE $ 15, 000, 000 AGGREGATE $ 15,000,000 C - X1 OCCUR FICLAIMS MADE UMB5345457 -01 4/1/2006 4/1/2007 $ DEDUCTIBLE $ X RETENTION $ 10,000 A WORKERS COMPENSATION AND WC7206362 9/28/2005 9/28/2006, TATU X WCS LIMIT OTH- ER E.L. EACH ACCIDENT $ 1,000,000 EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE - EA EMPLOYEE $ 1,000,000. OFFICERIMEMBEREXCLUDED7 E.L. DISEAS - POLICY LIMIT $ 1,000 If yyes, describe under 8 ECIALPROVISIONSbelow OTHER Refer below for DEE limits. E Operators Extra T 8754844 4/1/2006 4/1/2007 Expense DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS OPERATORS EXTRA EXPENSE INSURANCE LIMITS - FOR 100% INTEREST. WELLS IN AREAS I, II, IIW, III, IV: $5,000,000 ANY ONE ACCIDENT OR OCCURRENCE - COMBINED SINGLE LIMIT. CARS, CUSTODY AND CONTROL: $1,000,000 ANY ONE ACCIDENT OR OCCURRENCE. FLOOD COVERAGE INCLUDED. THE CITY OF KENNEDALE, TEXAS AND ITS OFFICIALS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE ADDITIONAL INSURED ON ALL LIABILITY POLICIES EXCEPT WORKERS' COMPENSATION AS REQUIRED BY WRITTEN AGREEMENT. WAIVERS OF SUBROGATION ARE PROVIDED .- - I AAI!`CI 1 ATII M ACORD 25 (2001/08) v Ea�.vrcv �.vrcrvrcr� i wlv I aov ell SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ROMBIPMRXIM MAIL 30 DAYS WRITTEN CITY OF KENNEDALE NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, RKKFA =ZHKDLX MUNICIPAL DRIVE H RR 1(li@RK AR RaqRmK5nqffxzs AUTHORIZED REPRESENTATIVE s � KENNEDALE TX 76060 ACORD 25 (2001/08) v Ea�.vrcv �.vrcrvrcr� i wlv I aov ell DESCRIPTION OF OPERATIONS SECTION'CONTINLIED, CITY OF RENNEDALE XTO Energy Inc, XTO Resources I, LP and XTO Resources Pipeline, LP 405 MUNICIPAL DRIVE 810 Houston Street,. Suite 200 Fort Worth TX 76102 RENNEDALE TX 76060 IN FAVOR OF ADDITIONAL INSURED ON ALL POLICIES PER WRITTEN AGREEMENT. GENERAL LIABILITY POLICY INCLUDES SUDDEN AND ACCIDENTAL POLLUTION COVERAGE. THIS POLICY SHALL NOT BE CANCELLED OR NON - RENEWED WITHOUT THIRTY (30) DAYS ADVANCE WRITTEN NOTICE, EXCEPT WHEN BEING CANCELLED FOR NON - PAYMENT OF PREMIUM, IN WHICH CASE TEN (10) DAYS ADVANCE NOTICE IS REQUIRED. DOC (10/2003) ACOR . CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) 4/3/20 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wm- Rigg Co. ONLY AND CONFERS NO RIGHTS UPON . THE CERTIFICATE 7 !ain Street, Suite C -50 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Hc,_ _ Worth TX 76102 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (817) 820 - 8100 (817) 870 - 0310 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: American Home Assurance CO. XTO Energy Inc, XTO Resources I, LP INSURERS: Chubb Custom Insurance Co. and XTO Resources Pipeline, LP INSURER C: Steadfast Insurance Co. 810 Houston Street, Suite 200 Fort Worth TX 76102 INSURERD: U. S. Fire Insurance Co. CnvFRAnPS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 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 T ADD*L POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION p LIMITS REDF1MkNWX9=XXX KENNEDALE TX 76060 GENERAL LIABILITY EACH OCCURRENCE $ 1 DAM GE TO RENTED PREMISES Eaoccurence $ 100,000 B X COMMERCIAL GENERAL LIABILITY 79545567 4/1/2006 4/1/2007 MED EXP (Any one person) $ CLAIMS MADE ❑X OCCUR PERSONAL 8 ADV INJURY $ 1,000,000 GENERALAGGREGATE $ 2,000,000 GEWL AGGREGATE LIMIT APPLIES PER: PRODUCTS = COMP /OPAGG $ 2,000,000 POLICY PRO LOC D AUTOMOBILE LIABILITY ANYAUTO 133720563 7/28/2005 7/28/2006 COMBINED SINGLE LIMIT (Ea accident) $ 1 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X 80DILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 15, 000, 000 C X OCCUR F-I CLAIMSMADE UMB5345457 -01 4/1/2006 4/1/2007 AGGREGATE $ 15,000,000 $ DEDUCTIBLE $ X RETENTION $ 10,000 A WORKERS COMPENSATION AND WC7206362 9/28/2005 9/28/2006 X WCSTATU- OTH- TORY LIMITs ER - EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,00D,000 E.L. DISEASE - EA EMPLOYEd $ 1,000,000 OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT 1 $ 1,000,600 OTHER Refer below for OBE limits. E Operators Extra 8754844 4/1/2006 4/1/2007 Ex ense DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS OPERATORS EXTRA EXPENSE INSURANCE LIMITS - FOR 100% INTEREST. WELLS IN AREAS I, II, IIW, III, IV: $5,000,000 ANY ONE ACCIDENT OR OCCURRENCE - COMBINED SINGLE LIMIT. CARE, CUSTODY AND CONTROL: $1,000,000 ANY ONE ACCIDENT OR OCCURRENCE. FLOOD COVERAGE INCLUDED. THE CITY OF KENNEDALB, TEXAS AND ITS OFFICIALS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE ADDITIONAL INSURED ON ALL LIABILITY POLICIES EXCEPT WORKERS' COMPENSATION AS REQUIRED BY WRITTEN AGREEMENT. WAIVERS OF SUBROGATION ARE PROVIDED CERTIFICATE HOLDER CANCELLATION ACORD 25 (2001108) © ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL i5M1lWMPJM MAIL 30 DAYS WRITTEN CITY OF KENNEDALE NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, fi fKFA HQSHKDLX 4l, .1UNICIPAL DRIVE BR X� N DR REDF1MkNWX9=XXX KENNEDALE TX 76060 AUTHORIZED REPRESENTATIVE �� ACORD 25 (2001108) © ACORD CORPORATION 1988 DESCRIPTION OF OPERATIONS SECTION CONTINUED CYTY OF XENNEDALE XTO Energy Inc, XTO Resources I, LP and XTO Resources Pipeline, LP 405 MUNICIPAL DRIVE 810 Houston Street, Suite 200 Fort Worth TX 76102 RENNEDALE TX 76060 IN FAVOR OF ADDITIONAL INSURED ON ALL POLICIES PER WRITTEN AGREEMENT. GENERAL LIABILITY POLICY INCLUDES SUDDEN AND ACCIDENTAL POLLUTION COVERAGE. THIS POLICY SHALL NOT BE CANCELLED OR NON - RENEWED WITHOUT THIRTY (30) DAYS ADVANCE WRITTEN NOTICE, EXCEPT WHEN BEING CANCELLED FOR NON - PAYMENT OF PREMIUM, IN WHICH CASE TEN (10) DAYS ADVANCE NOTICE IS REQUIRED. DOC (10/2003) § 17-426 Oil well: Any well drilled for the production of oil or classified as an oil well under the aural Resources Code or the railroad commission, 1x Oil do gas well permit: A permit applied for and issued or denied pursuant- this section s wells. a authoriziAkthe drilling, production, and operation of one (1) or more oil oriig Operati on S I - The area used for development and production arall related operational activities of oil an as after drilling activities are complete. Operator: For each 1, the person listed on the railroad pid issio Form W-1 or Form P-4 for an oil or gas well. Person: Includes both the sffigular and plural Y aaAmeans an individual person, corporation, ' association, partnership, receive ust ian, executor, administrator, and a fiduciary or representative of any kind. Petroleum specialist: A qualified QJixan s consultant familiar with and educated in the oil and gas industry who has been - retained by city. 4sV Pipeline easement map: AYwhiap indicating all gat Ong line easements. The easements must be located separately frooff the utility easements. Railroad commi, ion: The Railroad Commission of Texas., Structure- y building intended for shelter, occupancy, housin enclosure for persons, animals, c e or storage. Wel hole or bore to any horizon, formation, or strata for the purpose of pro *ng oil, gas, or er liquid hydrocarbons. (c) Oil and gas well drilling and production by special exception. The drilling and production of oil and gas within the corporate limits of the city shall be permitted by special exception, which shall be subject to the following: (1) The application for the special exception shall be in accordance with the provisions of sections 17-422 and 17-430 hereof. (2) No drilling shall be permitted within six hundred (600) feet of any residential structure or public building, institution, school, or commercial building; provided, however, that drilling shall be permitted as close as three hundred (300) feet if all affected property owners agree in writing. (3) A development site plan in accordance with the provisions set forth herein. (4) An approved road repair agreement in accordance with the provisions set forth herein. (5) An oil and gas permit application may be filed with the city concurrently with the request for a special exception; provided, however, that the city shall not be required to consider the oil and gas permit application unless and until a special exception is granted by the zoning board of adjustment. « � / �_ «/ %� ��� �« :� /> � � � ±© ƒ .� � :� � « CITY Of KENNEDAZE SE «F «C RE DE Tr 2C A( ar T r wi If 1� Lisa Dawn Cabrera BOA Secretary )er 3, 30. in the J; you e. — 4 - , 405 Municipal Drive, Kennedale, TX 76060 Phone: (817) 478 -5418 Fax: (817) 483 -0720 Mary Samson Joe & Katheryn Goad Charles & Jeanette Lammons 300 Huguley Blvd, Apt 1203 6265 Century Dr. 6245 Century Dr. Burleson, TX 76028, Kennedale, TX 76060, Kennedale, TX 76060, Ralph Mooney Jeanette Reynolds Joseph & Jacquelyn Davis 6235 Century Dr. 7095 Hudson Village Creek 4200 Danny Dr. Kennedale, TX 76060, Kennedale, TX 76060, Kennedale, TX 76060, Brodney Lozano Shirley Martin Paulette Thwing & Verna Jones 4180 Danny Dr. 412 Carnation Lane 4140 Danny Dr. Kennedale, TX 76060, Hurst, TX 76053, Kennedale, TX 76060, Khosnow Sedeghian M W & Kimberly Stanford Jolita Hampton PO Box 50593 4086 Danny Drive 4084 Danny Dr. Denton, TX 76206, Kennedale, TX 76060, Kennedale, TX 76060, Johnnie & Nora Cunningham Cunningham Rev Living Trust Timothy Lee Davis Woodrow & Lorraine Chapman 4060 Danny Dr. 4040 Danny Dr. 4020 Danny Drive Kennedale, TX 76060, Kennedale, TX 76060, Kennedale, TX 76060, Arnold D. Horton Enrique Enriquez Jose Jaime & Martin Marquez PO Box 242 4437 Cabot Dr 606 Oakridge Trail Kennedale, TX 76060, Grand Prairie, TX 75052, Kennedale, TX 76060, Ron Sturgeon Real Estate, Lp Sturgeon David Feister Hawk Steel Industries 5940 Eden Dr. PO Box 1229 4010 S Eden Rd Haltom City, TX 76117, Kennedale, TX 76060, Kennedale, TX 76060, Marcos Cortes Speed Fab Crete Wendall & Christine Stogner 511 Fuller St. PO Box 15580 8204 Berrigan Dr. Arlington, TX 76011, Fort Worth, TX 76116, Arlington, TX 76002, Tony & T.J. Cecil Glen Hinkel Terry Scott PO Box 25 PO Box 540 3775 -A Kennedale New Hope Rd Kennedale, TX 76060, Kennedale, TX 76060, Kennedale, TX 76060, R E & Lillian Burrows Horacio Ramirez Doug Harrison 200 Wayside St. 7000 Mansfield Hwy 6915 Hudson Village Creek Rd. Joshua, TX 76058, Kennedale, TX 76060, Kennedale, TX 76060, OVIA would like to make the following recommendations, to Section 17-426 Oil and Gas Code to the BOA and request that you add these requirements to be included in their permit request as part of the special exception, if granted. This section of 17 -426 Oil and Gas Code is being updated and this process has not yet been completed as of the date of the request for special exception. These changes recommended are to make the drilling site safer and will help promote a more organized response in the event of an emergency at the site. In addition to the code amendments listed below, I would like to see an approval letter from the ATF due to the well site being on the property of Harrison Jet Gun an explosives manufacturer. Explosives are stored as close as 592' from the well head. (n) On -site operation requirements. (1) A secured entrance gate and a sign shall be required. (2) A firee Hydrant east be. lcy, vAhin 600" of the well, ff a fire l y r nt is located, farther than 600' special provisions for %rater supply must be specified by the Fire Marshal, This may include, b ut is not limited to, sperjalized fiftings to Connect fire hoses to water tankers. (3) notification of explosives on site The Fire Marshal xMiii lo, notified a minimum of hours in adva of an explosives icing tr rispo t l to, iiseed � � or t nsf r - off tt site. S torage of any explosives on site over 24 hours is prohibited. Transportation, t° and li and a �t explosives must comply with � all `l� (Alcohol, _� co and Firearms) and Fire Code requirements, (x) Penalty. (1) It shall be unlawful and an offense for any person to do the following: a. Engage in any activity not permitted by the terms of an oil and gas well permit issued under this section; b. Fail to comply with any conditions set forth in an oil and gas well permit issued under this section; or c. Violate any provision or requirement set forth under this section. (2) Any violation of this section shall be punished by a fine of not more than two thousand dollars ($2,000.00) per day, per v iolation, subject to applicable state law. Each day a violation occurs constitutes a separate violation. Respectfully, Scott Raven City of Kennedale { Oil & Gas Permit h i t Oil &Gas Permit Requirements: Special Exception Application o drilling shall be permitted within six hundred (600) feet of any residential structure or public building, institution, school, or commercial building; provided, however, that drilling shall be permitted as close as three hundred (300) feet if all affected property owners agree in writing. ,--Development Site Plan Road Repair Agreement Oil & Gas Permit Application Development Site Plan Checklist: Adequate sanitation facilities, access roads, drainage, erosion control & other necessary supporting facilities identified on the development site plan Physical Address & an address sign that complies with the Fire Code he design, location, and arrangement of all driveways and `parking spaces shall provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments Erosion control is required and shall comply with all local, state and federal requirements. The operator shall file a copy of the storm water pollution plan if required by the EPA. Reserve pits shall be lined to prevent water pollution No development in a floodplain dentify truck routes and access points Identify environmentally; sensitive areas (ESA's) including floodplains and any proposed floodplain, creek and stream crossings. a. All floodplain, creek and stream crossings, if not at grade, shall be designed to a ten -year storm frequency. b. All floodplain crossings shall have no negative affects on surrounding property. c. A drainage study sufficient to substantiate the above requirements will be required as part of the submittal if crossings are proposed. d. Identify and indicate the proposed method of erosion control. All items within 1,000 feet; wells, structures, equipment, pipelines, utilities, gates and fences, containment areas, Fire Lances, 1,000', 600', and 300' perimeter lines. Oil & Gas Permit Application Checklist: Pipeline Easement Map indicating the gathering station site E Signed by the operator Three (3) full copies of the Site Emergency Plan Insurance & Indemnification a. Commercial general liability insurance b. Automobile liability insurance Worker's compensation insurance c. Excess (or umbrella) liability insurance d. Control of well insurance Security - A security instrument that covers the well must be delivered to the city before the issuance of the oil and gas well permit for the well CITY OF KENNEDALE SPEAKER REQUEST FORM WELCOME Y I 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: 10 6 NAME OF SPEAKER: ADDRESS: �� C,C> 1� HONE: SUBJECT: 1G' N -✓C fl R``��� HAS THIS SUBJECT BEEN DISCUSSED WITH ANY MEMBER OR ADMINSTRATIVE STAFF? YES NO IF YES, PLEASE LIST NAME AND DATE: 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. PUBLIC HEARING NO. 3 6915 Hudson Village Creek CITY OF KENNEDALE PUBLIC HEARING SIGN -IN FORM SUBJECT: BOA 06 -15 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: wA(,TE1Z 2V GEASE ADDRESS: l �46V ` To N 1 5 - r. WO Q2 ZIP 7 bl 0 'L PHONE NUMBER: �'� 7-- SFA - z2-z-1 2. 1 HEREBYXWISH 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. iW 06 -115 e !:5�A_6 w5ZI - ApPG1GR7' /10/✓ 4. IN REGISTERING, I REPRESENT: ❑ MYSELF ❑ THE FOLLOWING PERSONS, FIRMS, CORPORAD CLASSES OR GROUPS: f L 5. THEIR BUSINESS ADDRESS IS: SIGNATURE: VyA)tv\, a DATE: October 3, 2006 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: A) ` 3 — NAME OF SPEAKER: ADDRESS: l S PHONE: f ) ° SUBJECT: rr f S o� 1 .. e4 cp C5--1 lt HAS THIS SUBJECT BEEN DISCUSSED WITH ANY MEMBER OR ADMINSTRATIVE STAFF? YES NO IF YES, PLEASE LIST NAME AND DATE: SPEAKING Ifs': FAVORAGAINST 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. )2—e— r\ , c\ e— 'd ue -J co Do you solemnly swear or affirm that the testimony you give to this Board tonight is the truth, the whole truth, and nothing but the truth, so help you God? Name w At,*f,5P- j7uez�W Signature Address Eta 46c)-o-6 0 4 -7tio V,, .+ k M aeo n � 6) AGENDA BOARD OF ADJUSTMENT REGULAR MEETING - OCTOBER 3, 2006 KENNEDALE MUNICIPAL BUILDING - 405 MUNICIPAL DR. COUNCIL CHAMBERS 7:00 PM CALL TO ORDER ROLL CALL BRIAN CASSADY RICK ADAM CHARLES OVERSTREET CHE YL ABBOTT' 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 C. VISITORS /CITIZENS FORUM Page 1 of 6 At this time, any person with business before the Board of Adjustment not scheduled on the Agenda may - peak to the Commission, provided that a "Speaker's Request Form" has been completed and submitted to 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 06 -13 to receive citizens comments for a Special Exception to the City Code under Section 17- 421 A, Schedule of District Regulations to allow for a private water well in "R -2" (Single Family Residential) for the purpose of irrigation. The legal description is Tract 7A of the T. F. Rodgers Survey, Abstract 1363 in the City of Kennedale, Tarrant, County, TX. The address being 937 N. Little School Road as requested by Perry Hoover. Page 2 of 6 Page 3 of 6 2) BOA 06 -14 to receive citizen's comments for a Variance to the City Code under Section 17 -507 (c) (4) to allow the copy height on a sign to be 30" instead of the required 16" for a business sign. The legal description is Lots 1A and 2A, Block 2, of the Woodlea Business Park in the City of Kennedale, Tarrant County, TX. The address being 700 W. Kennedale as requested by Smiley's Racing C -- N C e V - Page 4 of 6 3) BOA 06 -15 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 E. REGULAR ITEMS Page 5 of 6 1) BOA 06 -13 to consider approval of a Special Exception to the City Code under Section 17 -421 A, Schedule of District Regulations to allow for a private water well in "R -2" (Single Family Residential) for the purpose of irrigation. The legal description is Tract 7A of the T. F. Rodgers Survey, Abstract 1363 in the City of Kennedale, Tarrant County, TX. The address being 937 N. Little School Road as requested by Perry Hoover. ity of edgle, Tarr n Co ty, T s a� reque ed by XTO rgy, } } I C' An Inn 10A111ACAIT Page 6 of 6 3) BOA 06 -15 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 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 3rd day of October 2006, 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 29th day of September 2006. 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 September 29, 2006, at 11:45 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. Al A Dated this the 29th day of September 2006. Board of Adjustment Secretary AGENDA BOARD OF ADJUSTMENT REGULAR MEETING - OCTOBER 3, 2006 KENNEDALE MUNICIPAL BUILDING - 405 MUNICIPAL DR. COUNCIL CHAMBERS 7:00 PM 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 06 -13 to receive citizens comments for a Special Exception to the City Code under Section 17- 421 A, Schedule of District Regulations to allow for a private water well in "R -2" (Single Family Residential) for the purpose of irrigation. The legal description is Tract 7A of the T. F. Rodgers Survey, Abstract 1363 in the City of Kennedale, Tarrant County, TX. The address being 937 N. Little School Road as requested by Perry Hoover. 2) BOA 06 -14 to receive citizen's comments for a Variance to the City Code under Section 17 -507 (c) (4) to allow the copy height on a sign to be 30" instead of the required 16" for a business sign. The legal description is Lots 1A and 2A, Block 2, of the Woodlea Business Park in the City of Kennedale, Tarrant County, TX. The address being 700 W. Kennedale as requested by Smiley's Racing Products West represented by Tom Lorenz. 3) BOA 06 -15 to receive citizen's comments fora 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 Ift- /_ 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 =. REGULAR ITEMS 1) BOA 06 -13 to consider approval of a Special Exception to the City Code under Section 17 -421 A, Schedule of District Regulations to allow for a private water well in "R -2" (Single Family Residential) for the purpose of irrigation. The legal description is Tract 7A of the T. F. Rodgers Survey, Abstract 1363 in the City of Kennedale, Tarrant County, TX. The address being 937 N. Little School Road as requested by Perry Hoover. PAGE 4 2) BOA 06 -14 to consider approval of a Variance to the City Code under Section 17 -507 (c) (4) to allow the copy height on a sign to be 30" instead of the required 16" for a business sign. The legal description is Lots 1A and 2A, Block 2, of the Woodlea Business Park in the City of Kennedale, Tarrant County, TX. The address being 700 W. Kennedale as requested by S.miley's Racing Products West represented by Tom Lorenz. PAGE 15 3) BOA 06 -15 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. PAGE 30 F. ADJOURNMENT I Monday, September 18, 2006 r — CITY OF KENNEDALE BOARD OF ADJUSTMENT DECISION NOTICE The Board of Adjustment of the City of Kennedale does hereby grant/do" a Special Exception according to the City Code Section 17 -421 to: Case # BOA 06 -13 NAME: Perry Hoover ADDRESS: 937 N. Little School Road Kennedale, TX 76060 PROPERTY ADDRESS: Tract 7A of the T. F. Rodgers Survey, Abstract 1363 937 N. Little School Road Kennedale, Texas 76060 PROPERTY OWNER: Perry Hoover FOR THE PURPOSE OF: To allow for a private water well for the purpose of irrigation CONDITIONS: 1. A detailed location of the well turned into the Ctiy 2. The backflow assembly to be tested after installation 3. A copy of this test to be turned into the City prior to the well producing any water for the purpose of irrigation. Granted in open session of the Board of Adjustment of the City of Kennedale, Texas on the 3rd day of October 2006. The Board's decision is officially filed this 12 day of October 2006 in the Board of Adjustment Secretary's office. Any appeal to this decision must be made to Tarrant County District Court within ten (10) calendar days after the decision of the board and not thereafter. APPROVED: v `a' •� Rick Adams, BM Chairman CITY OF KENNEDALE BOARD OF ADJUSTMENT DECISION NOTICE The Board of Adjustment of the City of Kennedale does hereby grant/de" a Variance according to the City Code Section 17 -507 (c) (4) to: Case # BOA 06 -14 NAME: Tom Lorenz and Smiley's Racing Products West ADDRESS: 2017 Peachtree Road Balch Springs, TX 75180 PROPERTY ADDRESS: Lots 1A and 2A, Block 2 of the Woodlea Business Park 700 W. Kennedale Parkway Kennedale, Texas 76060 PROPERTY OWNER: BCL Real Estate & Tom Lorenz FOR THE PURPOSE OF: To allow the copy height on a sign to be 30" instead of the required 16" for a business sign CONDITIONS: Granted in open session of the Board of Adjustment of the City of Kennedale, Texas on the 3rd day of October 2006. The Board's decision is officially filed this 12 day of October 2006 in the Board of Adjustment Secretary's office. Any appeal to this decision must be made to Tarrant County District Court within ten (10) calendar days after the decision of the board and not thereafter. APPROVED: Rick Adams, BOA Chairman Cabrera, BOA Secretary CITY OF KENNEDALE BOARD OF ADJUSTMENT DECISION NOTICE The Board of Adjustment of the City of Kennedale does hereby grant/de a Special Exception according to the City Code Section 17 -426 (c) to: Case # BOA 06 -15 NAME: Walter Dueease for XTO Energy ADDRESS: 810 Houston Street Ft. Worth, TX 76102 PROPERTY ADDRESS: Lot 1, Block 1 of the Harrison Jet Guns Addition 6915 Hudson Village Creek Kennedale, Texas 76060 PROPERTY OWNER: Harrison Jet Guns FOR THE PURPOSE OF: To allow oil and gas well CONDITIONS: Granted with attached conditions. Granted in open session of the Board of Adjustment of the City of Kennedale, Texas on the 3rd day of October 2006. The Board's decision is officially filed this 12 day of October 2006 in the Board of Adjustment Secretary's office. Any appeal to this decision must be made to Tarrant County District Court within ten (10) calendar days after the decision of the board and not thereafter. APPROVED: Rick Adams, B Chairman CITY OF KENNEDALE BOARD OF ADJUSTMENT DECISION NOTICE The Board of Adjustment of the City of Kennedale does hereby grant/dwy a Special Exception according to the City Code Section 17 -426 (c) to: Case # BOA 06 -15 CONDITIONS: Granted with following conditions: 1) Will have a secured entrance gate and a sign 2) A temporary six foot chain link or approved fence shall surround drill sites and pits during initial drilling and completion, and shall be locked when no operations personnel are present. A Knox entry key box or padlock shall be on each site and /or gate for Fire Department access. 3) All fences and gates shall be secured as to - not allow any unauthorized person to physically access the site and /or the equipment. 4) Place flagging tape and /or signs on all guy wires that are between 6' and 14' 5) Tank battery facilities, that contain flammable liquids, shall be equipped with a remote foam line utilizing a 2 %2 National Standard Hose Thread female inlet connection in locations approved by the Fire Department for any tank containing flammable liquid. The remote foam lines Fire Department connection must be located no closer than 150' to the area(s) being protected and approved by the Fire Marshal. 6) A fire hydrant must be located within 600' of the well. If a fire hydrant is located farther than 600' special provisions for water supply must be specified by the Fire Marshal. This may include, but is not limited to, specialized fittings to connect fire hoses to water tankers. 7) The Fire Marshal will be notified a minimum of 24 hours in advance of any explosives being transported to, used on or transferred off the site. Storage of any explosives must comply with all Alcohol, Tobacco, and Firearms (ATF) and Fire Code requirements.