Lease, I. M. POWELL and Mary Jane POWELL to J. C. DUNN and G.
HUBBARD transcribed by Jan Lawson
|Leon Co., Deed Book 39, pgs. #238 - #240.
The State of Texas, County of Leon.
"This agreement made this the 21 day of January 1914 by and between I. M. POWELL & wife Mary Jane POWELL, of the County of Leon and State of Texas, Lessor and J. C. DUNN and G. W. HUBBARD of the County of Freestone State of Texas, Lessee, Witnesseth: 1st, That the Lessor for and in consideration of the sum of One Dollars to us in hand paid receipt of which is hereby acknowledged we hereby demise, lease and grant unto said Lessee his heirs and assigns, all the oil, gas and other mineral in and under the following described tract of land: and the exclusive right to prospect and operate thereon for oil, gas and other mineral, together with the right of way, right to lay pipe lines over, to use water, wood, gas and oil to operate said property, taken from said premises, to erect derricks, to build tanks, and to place all necessary machinery or structure on said premises and to remove all property at any time that may be placed on said land during the term of this Lease. 2nd, Said tract of land being situated in the B. F. WHITAKER Survey in Leon County, Texas and bounded and described as follows, to wit: All that certain tract or parcel of land being in Leon County, Texas it being 90 acres convey[ed] to us by J. C. BARKER 29 Dec., 1888 and recorded in Deed of Records in Leon County in Vol. H pages 97 - 98 more particular described as the North part of the original 156 acre tract known better as my Homestead tract and containing 90 acres more or less. To have and to hold the same to the Lessee his heirs and assigns, for a term of ten years from the date hereof, and as much longer thereafter as oil, gas or other mineral is produced in paying quantities thereon, or until said Lessee is satisfied that oil, gas or other minerals in paying quantities cannot be found or produced from said premises. 3rd, Said Lessee hereby agrees to commence operation within 6 mos. hereof, and the said well is to be located on the said tract of land or on one of the adjoining original surveys the location of said well to be determined by an expert, said location and beginning operation on the said location shall constitute a commencement as mentioned in this contract. 4th, If the Lessee fails to commence operation within the specified time, this Lease shall become null and void, unless the said Lessee shall give written notice to the Lessor of his intentions to keep alive this Contract and shall pay said Lessor for such extension of time the sum of $900.00 Dollars per year, said payments to be made to the Lessor or deposited to his credit in the 1st Nat'l. Bank of Normangee Texas. 5th, And it is further agreed that the Lessee, in the consideration of the Lease shall deliver free of cost to the Lessor in the pipe lines or tanks one eighth of all the oil or other minerals, produced, saved and sold from the above described premises, and in case the Lessee fails to find oil or other minerals in paying quantities, but should develop a good supply of water at the option of the Lessor said well may become the property of the Lessor by paying the Lessee the cost of all the necessary casing and screens to complete the said water well. 6th, It is hereby agreed that the said Lessee shall have the right to terminate this contract at any time after being satisfied that oil or other minerals cannot be produced in paying quantities, by giving ten days notice in writing, and Lessee is hereby authorized to sell sublet or assign the whole or any fractional part of this Lease, at any time during the term of this Lease, This is a Lease for purposes and of property above described. In Witness Whereof the said parties have here unto set their hands and seal the day and year first above written.
Signed: I. M. POWELL (seal) and M. J. (her x mark) POWELL (seal).....
Certification: State of Texas, County of Leon. "Before me, Jno. H. CONNELL, a Notary Public on this day personally appeared I. M. POWELL 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. Given under my hand and seal of office, this 21 day of January A. D. 1914."
Signed Jno. H. CONNELL, Notary Public, Leon County, Texas (seal).....
Certification: State of Texas, County of Leon. "Before me, Jno. H. CONNELL, a Notary Public in and for Leon County, Texas, on this day personally appeared M. J. POWELL, wife of I. M. POWELL, known to me to be the person whose name is subscribed to the foregoing instrument, and having been examined by me privily and apart from her husband, and having the same by me fully explained to her, she, the said M. J. POWELL acknowledged such instrument to be her act and deed, and declared that she had willing signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. Given under my hand and seal of office, this 21st day of January A. D. 1914."
Signed: Jno. H. CONNELL, Notary Public, Leon County, Texas (seal).....
Filed for record on the 26th day of January A. D. 1915, at 5 o'clock P. M., and duly recorded this the 27th day of January A. D. 1914 at 12 o'clock P.M.
Signed: B. T. GRESHAM, County Clerk By B. C. COLEY, Deputy.
*Note: 1.) Deed Vol. H, pgs. #97 - #98 contains description of original 1856 State of Texas land patent of which a portion (156 acres) was purchased by J. C. BARKER then sold to Isaac 1888 Dec. 29; 2.) Description of the original 156 acres probably contained in 1920 deed by Isaac's heirs to R. L. GILBERT