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HomeMy WebLinkAboutContract 42604 RECORDED ELECTRONICALLY CITY SECRETARY ID: D211278318 CONTRACT NO. +Zbo A- County: TARRANT Date:Nov. 16.2011 Time: 11:13 AM MEMORANDUM OF OIL AND GAS LEASE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § BE IT REMEMBERED that on the�gday 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. 6T, Executed this tha l day of 2011. LESSOR: LESSEE: CITY OF FORT WORTH XTO ENERGY INC. By:Fernando Costa Q� y: Edwin S.Ryan,Jr. Title:Assistant City Manager ' .o®�� Sr.Vice President-Land Administration fy♦ °°° 000°0`, ATTEST: o , f�0 0.0 ef L-14g�o City Secretary �� °Oo�,oOOa°°° pcontract Authorization APPROVED AS TO FORM AND LEGALITY: Date By: N Assistant Cit Attorney Date: OFFICIAL RECORD CITY SECRETARY 1 FT.WORTH,TX 11-22-11 A10:35 IN 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 o.2/ day day of 2011. [SEAK' Notary Public in and for the State of Texas �. EVUMq; ';F!'V:yt' "AY rGLtt?l.?S�phrFT��F� My Com Sion Expires: �UfY to,g,1 %Q/3 Print Name of Notary Public Here THE STATE OF TEXAS § COUNTY OF TARRANT § FORE NE e undersigned, a Notary Public, on this day personally appeared Eiuin ((�VhJy 3 ,0D�j�jL. j1, LfiJ�bn 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1&_day of_ 2011. [SEE ]" Mary Public in and for the «r�• >HA rr ••••• q CT F.`6' L K E S State Of 'W N.,TARY PJOLIC STATE OF TEXAS COMY:55'CN EAPlp E3: 03-05-2072 My Commission E ices: _ �,;` ,,,,,�,,,,,,y, ,x,,,� 'S Print Name of Notary Public Here OFFICIAL RECORD 2 CITY SECRETARY FT.WORTH,TX Exhibit A 0.691 of an acre more or less,being a called 0.082 of an acre,situated in the Joshua N.Ellis Survey,A-463, Tarrant County,Texas and being comprised of the following two(2)parcels: Parcel 1: 0.608 of an acre,more or less,being a called 0.070 of an acre,situated in the J.N.Ellis Survey,A- 463,Tarrant County,Texas,and being more particularly described in the following six(6)tracts of land: Tract 1:0.263 of an acre,more or less,being a called 0.034 of an acre,being a portion of Lots 1-10, Block 21, Fairmount Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded in Volume 63,Page 25,Plat Records,Tarrant County,Texas, and being more particularly described in that certain Warranty Deed dated July 13, 1965, from Frances Love Umbenhour and husband, Lee Umbenhour to City of Fort Worth, a municipal corporation,as recorded in Volume 4117,Page 549,Official Public Records,Tarrant County,Texas; and Tract 2:0.137 of an acre,more or less,being a called 0.016 of an acre,being a portion of Lots 11,12, 13, 14, 15 and 16, Block 21, Fairmount Addition, an Addition to the City of Fort Worth, Tarrant County,Texas,according to the Plat thereof recorded in Volume 63, Page 25,Plat Records,Tarrant County,Texas,and being more particularly described in that certain Warranty Deed dated October 4, 1965,from Reproco, Inc.,a corporation,acting herein by and through its duly authorized officers to City of Fort Worth,a municipal corporation,as recorded in Volume 4148,Page 194,Official Public Records,Tarrant County,Texas;and Tract 3:0.045 of an acre,more or less,being a called 0.004 of an acre,being a portion of Lots 17 and 18, Block 21, Fairmount Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded in Volume 63,Page 25,Plat Records,Tarrant County,Texas, and being more particularly described in that certain Warranty Deed dated June 7, 1965, from Una Winters King and husband,A.G.King to City of Fort Worth,a municipal corporation,as recorded in Volume 4101,Page 431,Official Public Records,Tarrant County,Texas;and Tract 4:0.045 of an acre,more or less,being a called 0.005 of an acre,being a portion of Lots 19 and 20, Block 21, Fairmount Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded in Volume 63,Page 25,Plat Records,Tarrant County,Texas, and being more particularly described in that certain Warranty Deed dated July 17, 1965, from Norman Seachrist to City of Fort Worth,a municipal corporation,as recorded in Volume 4104,Page 254,Official Public Records,Tarrant County,Texas;and Tract 5:0.045 of an acre,more or less,being called 0.005 of an acre,being a portion of Lots 21 and 22, Block 21, Fairmount Addition, an Addition of the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded in Volume 63,Page 25,Plat Records,Tarrant County,Texas, and being more particularly described in that certain Warranty Deed dated May 19, 1965, from Clifford E.Evans and wife,Eppie J.Evans to City of Fort Worth,a municipal corporation,as recorded in Volume 4082,Page 430,Official Public Records,Tarrant County,Texas;and Tract 6:0.073 of an acre,more or less,being a called 0.006 of an acre,being a portion of Lots 23 and 24, Block 21, Fairmount Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded in Volume 63,Page 25,Plat Records,Tarrant County,Texas, and being more particularly described in that certain Warranty Deed dated May 21, 1965,from Q.C. Carnes and wife,Clara Belle Carnes to City of Fort Worth,a municipal corporation, as recorded in Volume 4071,Page 650,Official Public Records,Tarrant County,Texas. containing 0.608 gross acres lying in Tarrant County,Texas Parcel 2: 0.083 of an acre,more or less,being a called 0.012 of an acre,situated in the Joshua N.Ellis Survey, A-463,Tarrant County,Texas,being a portion of Lots 31 and 32,Block 28,Fairmount Addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Volume 63, Page 25, Plat Records,Tarrant County,Texas, and being more particularly described by metes and bounds in that certain Deed dated October 28, 1965 from Emery William Evans to the City of Fort Worth,a municipal corporation, as recorded in Volume 4144,Page 33,Official Public Records,Tarrant County,Texas. (Eight Ave ROW VI) (Page St.C Unit) 3 M&C Review Pagel of 2 Official site of the City of Fort`North,Texas CITY COUNCILAGENDA FORT 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 deekeeted-park 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=1 l/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=12 668&councildate=I 1/17/2009 11/22/2011