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HomeMy WebLinkAboutContract 42835 CITY SECRETARY CONTRACT NO.kTb 3S MEMORANDUM OF OIL AND GAS LEASE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § BE IT REMEMBERED that on the eA " 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 th�day of ✓,2011. LESSOR: LESSEE: CITY OF FORT WORTH XTO ENERGY By:Fernando Costa By: Edwin S.Ryan,Jr. Title:Assistant City Managerionr% P jjSr.Vice President—Land Administration A7 00000000 41 ATTEST: q f) p�*-"0-'9%1 oCity Secretary o *oOoa APPROVED AS TO FORM AND LEGALITY By: Assistant Cit Attorney Date: Contract Authorization Date OFFICIAL RECORD 1 CITY SECRETARY FT.WORTH,TX 02-03-12 A08=45 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,]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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this I&qday of 2011. [SEALZL Notary Public in and for the r: y State of Texas P''r,„' ;;"' I�yc 10AVECS Iss �Y 10,Ro13XPIRES My Commis�''°n Expires: �/—,*0 �/_!, 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 Edmn S.R". M Jr. ,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. om GIVEN ER MY H A AL OF OFFICE this day of 2011. [SEAL tary Pu 1' m dd�for the S to of`—I �”`J ESDIEDRA L.NUNEZ Notary Public ATE OF TEXAS Print Name of Notary Public Here m.Exp.01/28/2012 OFFICIAL RECORD 2 CITY SECRETARY FT.WORTH,TX EXHIBIT A 0.815 of an acre,more or less,being a called 0.392 of an acre,situated in the Lydia J.Warwick,A-1663,Tarrant County,Texas,and being more particularly described in the following two(2)tracts of land: TRACT 1:0.150 of an acre,more or less,being called 0.100 of an acre,being a portion of Lots 8 and 9,Block 11, South Hemphill Heights Addition,an Addition to the City of Fort Worth,Tarrant County,Texas,according to the Plat thereof recorded in Volume 106,Page 132,Plat Records,Tarrant County,Texas,and being more particularly described by metes and bounds in that certain Warranty Deed dated December 1, 1921,from T.A.Fraser,a single man, to the City of Fort Worth, a municipal corporation, as recorded in Volume 734, Page 12, Official Public Records,Tarrant County,Texas;and TRACT 2:0.665 of an acre,more or less,being a called 0.292 of an acre,being Lots 10, 11 and 12,Block 11,South Hemphill Heights Addition, an Addition to the City of Fort Worth, Tarrant County, Texas according to the Plat thereof recorded in Volume 106, Page 132, Plat Records, Tarrant County, Texas, and being more particularly described in that certain Warranty Deed,dated November 30,1921,from A.W.Walker,joined by his wife,Dora E. Walker,to the City of Fort Worth,a municipal corporation,as recorded in Volume 721,Page 250,Official Public Records,Tarrant County,Texas. (ADAMStLOWDEN ROW) (PAGE STREET B UNIT) 3 M&C Review Page 1 of 2 OfBdal site of the City of Fort Worth,Texas CITY COUNCIL AGENDA 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 MJWBE 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 dedleeled pett"k properties under five acres if opposition to conversion is expressed by citizens in the affected neighborhood or a Council Member requests such consideration. 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/Acgount/Centers Submitted for Clty Manager's Office by: Fernando Costa (6122) Originating Department Head: Susan Alanis (8180) Additional Information Contact: Jean Petr(8367) ATTACHMENTS