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HomeMy WebLinkAboutContract 42594 RECORDED ELECTRONICALLY CITY SECRETARY42Sr,�4 ID: D211278310 CONTRACT NO. County: TARRANT Date: Nov. 16,2011 Time: 11:11 AM MEMORANDUM OF OIL AND GAS LEASE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § BE IT REMEMBERED that on th 11 day of , ,2011, a Paid Up Oil and Gas Lease was made and entered into by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas, 1000 Throckmorton Street, Fort Worth, Texas 76102, hereinafter called "(LESSOR)"; and XTO Energy Inc., 810 Houston Street,Fort Worth,Texas 76102,hereinafter called("LESSEE"),where LESSOR hereby grants, leases and lets exclusively to LESSEE for the purpose of exploring for, developing, producing and marketing oil and gas, together with any liquid or gaseous substances produced in association therewith, from the following described land situated in Tarrant County,Texas,to- wit: SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF Subject to the other provisions therein contained, said lease provides for a primary term of two (2) years, from the date thereof, and as long thereafter as oil or gas or other substances covered therein are produced in paying quantities from the leased premises or from lands pooled therewith,or this lease is otherwise maintained in effect pursuant to the provisions therein. An Executed copy of said Oil and Gas Lease is in the possession of LESSEE at its address indicated above. Executed this th4,day of 024LI,2011. LESSOR: LESSEE: CITY OF FORT WO/RTTH/ XTO ENERGY INC. A L ZA �2-1 By:Fernando Costa By: Edwin S.Ryan,Jr. Title:Assistant City Manager 4�gj�glt� Sr.Vice President—Land Administration ATTEST: l° 4 % G c oyrd City Secretary ��K° o�� q ° ° qda L�14 YtiaS LAPPROVED AS TO FORM NLEGALIT4Contract S`1 Authorization By: 4 \ V, w Date Assistant City ktorney Date: OFFICIAL RECORD CITY SECRETARY 1 FT.WORTH,TX ACKNOWLEDGEMENTS THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME,the undersigned,a Notary Public,on this day personally appeared Fernando Costa, Assistant City Manager of the City of Fort Worth, a home-rule municipal corporation of the State of Texas,known to me to be the person whose name is subscribed to the foregoing instrument and,that he has executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1�. day of s 2011. [SE Notary Public in and for t EVIDNIA DANIEL.S State Of Texas = MY COMMISSION EXPIRES 10,201 3 My Corr mission Expires: "'�+•, ��/D✓� Print Name of Notary Public Here THE STATE OF TEXAS § COUNTY OF TARRANT § �JJ��� BEFORE ME ui- w'—siped} a Notary Public, on this day personally appeared CAwlf/1S�Q.iilir,. ,VP-I,(o"c,(Qlt, -,—, (Lfiia irY�on behalf of XTO Energy,Inc.,known tome robe the person whose name is subscribed to the foregoing instrument and,that he has executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this_ day of -,OJYl 2011. [SEA !)I I X 4*otary Public in and for the State ofGHA11 A F.4YILKES NOTARY PUBLIC STATE OF TEXAS cOMMlSSIOM EXPIRES: My Commission Expires: Print Name of Notary Public Here OFFICIAL RECORD 2 CITY SECRETARY FT.WORTH,TX EXHIBIT A 1.105 acres of land,more or less,of a called 0.782 of an acre,situated in the E.S.Harris Survey,A- 688,Tarrant County,Texas,and being more particularly described in the following three(3)tracts of land: TRACT ONE: 0.153 of an acre,more or less,of a called 0.019 of an acre,being a portion of Lot 25, Block 7,Mistletoe Heights Addition, according to the Plat thereof recorded in Volume 63,Page 38, Plat Records,Tarrant County,Texas, and being more particularly described in that certain Warranty Deed dated January 11, 1956, from Marion Ethridge to the City of Fort Worth, a municipal corporation,as recorded in Volume 2951,Page 361,Official Public Records,Tarrant County,Texas. TRACT TWO: 0.947 of an acre,of a called 0.758 of an acre,being a portion of Lots 1 through 12,all inclusive, Block 7, Mistletoe Heights Addition, according to the Revised Plat thereof recorded in Volume 388,Page 5, Plat Records,Tarrant County,Texas, and being more particularly described in that certain Warranty Deed dated December 9, 1955, from Kelroy Chadwick and W.H.Clarke to the City of Fort Worth,a municipal corporation, as recorded in Volume 2951, Page 353,Official Public Records,Tarrant County,Texas. TRACT THREE: 0.005 of an acre,more or less,being a portion of Lots 1 and 2,Block 7,Mistletoe Heights Addition, according to the Revised Plat thereof recorded in Volume 388, Page 5, Plat Records,Tarrant County,Texas,and being more particularly described in that certain Warranty Deed dated December 9, 1955, from Kelroy Chadwick and W. H. Clarke to the City of Fort Worth, a municipal corporation, as recorded in Volume 2951, Page 351, Official Public Records, Tarrant County,Texas. (N.ROSEDALE ST.ROW) (FOREST PARK B UNIT) 3 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTTN COUNCIL ACTION: Approved As Amended on 11/17/2009 -Amendment is Highlighted in Yellow DATE: 11/17/2009 REFERENCE NO.: L-14889 LOG NAME: 06ADMIN LEASES CODE: L TYPE: NON-CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Administrative Approval and Execution of Leases for Natural Gas Drilling Under City-Owned Properties of Five Acres or Less in Size RECOMMENDATION: It is recommended that the City Council authorize the City Manager to approve and execute leases for natural gas drilling under City-owned properties that are five acres or less in size. DISCUSSION: On January 18, 2007, (M&C G-15588) Fort Worth City Council authorized the City Manager to approve and execute leases for natural gas drilling under City-owned non-park properties that are two acres or less in size. From time to time, the City is asked to lease isolated City-owned properties in various locations that are five acres or less. City staff is recommending that gas leases for these properties be administratively approved for natural gas drilling leases after evaluation of the gas company's drilling plan, reputation, financial status, project team and compliance history by staff and the City's mineral asset management consultant, Midkiff Oil and Gas. The leases would be executed through an internal administrative process involving the Planning and Development Department, the City Attorney's Office and the City Manager's Office. The purpose of this change is to allow staff to negotiate and expedite processing of small leases in order to ensure that the City is not excluded from units due to the time necessary for City Council review. Requirements and guidelines to be followed in determining eligibility for inclusion in the Administrative Gas Lease Process are as follows: City-owned property five acres or less; No surface use of any kind; No identified adverse impact to the surrounding neighborhood; Compliance with the City's gas drilling ordinance; Minimum bonus to be determined by current market rate; Minimum royalty of 25 percent; The distribution of lease bonus and royalties will be in accordance with the revenue distribution policy approved by the City Council; and No M/WBE goal will be required due to the size of the parcels. The lease will be presented to City Council for consideration prior to execution for any City owned properties under five acres if opposition to conversion is expressed by citizens in the affected neighborhood or a Council Member requests such consideration. http://apps.cf vnet.org/council_packet/mc_review.asp?ID=12668&councildate=l 1/17/2009 11/22/2011 M&C Review Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head_ Susan Alanis (8180) Additional Information Contact: Jean Petr(8367) ATTACHMENTS http://apps.cfwnet.org/council_packet/mc_review.asp?ID=12 66 8&councildate=l 1/17/2009 11/22/2011