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Home My WebLink AboutContract 42598 CITY SECRETARY RECORDED ELECTRONICALLY CONTRACT NO. 425 8 ID: D211278308 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 thE2day 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 tld y of '2011. LESSOR: LESSEE: CITY OF FORT WORTH XTO/ENERGY INCC..� -;;r f By:Fernando Costa By; Edwin S.Ryan,Jr. Title:Assistant City Manager �40� � X 7�aS r.Vice President—Land Administration 000000, a41 ATTEST: �'�°° °%0 0 y v 0 00.T¢ L- 41. City Secretary 0 o*96ntract Authorization f xA 5a4°p 4�1k f-t- Oma( APPROVED AS TO FORM AND LEGALITnDate By: Nq- V, ^ Assistant Cit Attorney 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,]mown 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. GNEN UNDER MY HAND AND SEAL OF OFFICE thiso?�day of 2011. [SE , Notary Public in and for the State of Texas EVONIA DANIELS Z �- My COMMISSION FYPtPES f. July 10,2013 My Commi �v^res: 710- Print Name of Notary Public Here THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned, a Notary Public, on this day personally appeared tdavng&a,,J�Sx VIO l n(I 0,cbnanIS4rR4ion- ,on behalf of XTO Energy,Inc.,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. ' IOil p� GIVEN UNDER MY HAND AND SEAL OF OFFICE this- I r day of GU�J71�C i 2011. [SEA �naNotary Public in and for the a M»> ...•.......c State of :j;,CHARLA F.WILKE` NOTARY PUBLIC STATE OF TEX;i $ COMVISSION EXPIRES. My Commission Expires: ti; tjf oa-o6-Zoe z aj-K-0-, Print Name of Notary Public Here OFFICIAL RECORD CITY SECRETARY 2 FT WORTH,TX EXHIBIT A 1.063 acres of land,being parts of the Lydia J.Warwick Survey,A-1663 and the W.B.Tucker Survey,A-1562,Tarrant County,Texas. PARCEL 1: 0.579 of an acre, more or less, situated in the Lydia J. Warwick Survey, A-1663, Tarrant County,Texas,and being more particularly described in the following seven(7)tracts of land: TRACT 1: 0.172 of an acre,more or less,being all of Lot 12,Block 27,South Hemphill Heights Addition,according to the Plat thereof recorded in Volume 106,Pages 132 and 133,Plat Records, Tarrant County, Texas, and being more particularly described in that certain Warranty Deed, dated April 30, 1927,executed by J.A.Nixon and wife,Pearl Nixon,to the City of Fort Worth, as recorded in Volume 985,Page 415,Official Public Records,Tarrant County,Texas; TRACT 2: 0.034 of an acre,more or less, being the South 10 feet of Lot 12,Block 28, South Hemphill Heights Addition,according to the Plat thereof recorded in Volume 106,Pages 132 and 133, Plat Records, Tarrant County, Texas, and being more particularly described in that certain Warranty Deed,dated March 19, 1928,from Edgar S.Kipps,and wife,Emma Kipps,to the City of Fort Worth,as recorded in Volume 1072,Page 447,Official Public Records,Tarrant County, Texas; TRACT 3: 0.104 of an acre, more or less, being a part of Lot 12, Block 28, South Hemphill Heights Addition,according to the Plat thereof recorded in Volume 106,Pages 132 and 133,Plat Records, Tarrant County, Texas, and being more particularly described in that certain Agreed Judgment,dated April 16,1984,styled City of Fort Worth vs.Sigmore Distribution Services,Inc., as recorded in Volume 7852,Page 131,Official Public Records,Tarrant County,Texas; TRACT 4: 0.034 of an acre, more or less,being the South 10 feet of Lot 13,Block 28, South Hemphill Heights Addition,according to the Plat thereof recorded in Volume 106,Pages 132 and 133,Plat Records,Tarrant County,Texas,and being more particularly described in those certain Condemnation Proceedings, dated February 27, 1928, styled City of Fort Worth vs. George H. Mann,et ux,as recorded at Cause No.26413,County Court at Law No. 1,Tarrant County,Texas; TRACT 5: 0.104 of an acre, more or less, being a part of Lot 13, Block 28, South Hemphill Heights Addition,according to the Plat thereof recorded in Volume 106,Pages 132 and 133,Plat Records, Tarrant County, Texas, and being more particularly described in that certain Final Judgement,dated April 4, 1979,styled City of Fort Worth vs.L.E.Turner,et ux,as recorded in Volume 7649,Page 1004,Official Public Records,Tarrant County,Texas; TRACT 6: 0.009 of an acre, more or less, being part of Lot 12, Block 29, South Hemphill Heights Addition,according to the Plat thereof recorded in Volume 106,Pages 132 and 133,Plat Records,Tarrant County,Texas,and being more particularly described in that certain Warranty Deed, dated November 6, 1960, from Broadway Oil Company to the City of Fort Worth, as recorded in Volume 3515,Page 107,Official Public Records,Tarrant County,Texas;and TRACT 7: 0.122 of an acre, more or less, being part of Lot 12, Block 29, South Hemphill Heights Addition,according to the Plat thereof recorded in Volume 106,Pages 132 and 133,Plat Records, Tarrant County, Texas, and being more particularly described in that certain Warranty Deed,dated April 9, 1984, from Carl A. Robinson, and wife,Tommie Robinson, to the City of Fort Worth, as recorded in Volume 7831, Page 20, Official Public Records, Tarrant County, Texas. PARCEL 2: 0.484 of an acre,more or less,being a called 0.074 of an acre,situated in the W.B.Tucker Survey, A-1562,Tarrant County,Texas, and being more particularly described in that certain Warranty Deed, dated June 25, 1979, from All-Church Press, Inc., to the City of Fort Worth, a Municipal Corporation,as recorded in Volume 6764,Page 2108,Official Public Records,Tarrant County,Texas. (BERRY ST.ROW V) (PAGE STREET B UNIT) 3 M&C Review Pagel of 2 Official site of the City of Fort North,Texas CITY COUNCIL 'AGENDA FORTWORTH 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 dedieeted-P 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.cfwnet.org/council_packet/mc review.asp?ID=12668&councildate=11/17/2009 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=12668&councildate=11/17/2009 11/22/2011