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HomeMy WebLinkAboutContract 41073 _RECORDED ELECTRONICALLY ID: D210265078 CITY SECRETARY County: TARRANT CONTRACT NO. Date: October 26. 2010 Time: 3:44 PM MEMORANDUM OF OIL AND GAS LEASE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § BE IT REMEMBERED that on the 11 day of oc''C,or3 Prt , 2010, 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 the IL day of_pct P n� 2010. LESSOR: LESSEE: CITY OF FORT WORTH XTOOENERGY INC. c^ ea., -XI0_f la5p . Iry By: Fernando Costa B�6 Edwin S.Ryan,Jr. Title: Assistant City Manager 5,� Sr.Vice President-Land Administration o°p00000 ° �Q�0 ATTEST: ry�'�►o �z od 0 City Secretary ��*o° o*d d o D °°000000° p' APPROVED AS TO FORM AND LEGALITY: --� S2 Contract Authorization Bt_ Assistant Ci A rney Date Date: 4( D OFFICIAL RECORD CITY SECRETARY - - FT.WORTH,TX _ r - 1 i " I ,J 1 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 day of O 2010. [SEAL] Evow DAMELS S,�I�Notary Public in and for th ''' MY COMMISSION EXPIRES State of Texas ,qtly 10,2013 My Commission Expires: / - )(3 Print Name of Notary Public Here THE STATE OF TEXAS § COUNTY OF TARRANT § BEFO ME, the undersigned, a Notary Public, on this day personally appeared Edwin1 r• , on behalf of XTO Energy, Inc., known to me to be the person whose n e is subscribed to the foregoing instrument and, that he has executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HANDD SEAL OF OFFICE this day ofbftww 2010. [SEALh6OL N I 01A-P_" Notary Public in and for the State of ew DEDRA L.NUNEZNotary PublicSTATE OF TEXASMy Comp�}fission Expitf�s: cann,.Ex' 6 Print Name of Notary Public Herep.01/28/2012 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 2 Exhibit A 112.31 acres of land, more or less, situated in the Thomas White Survey, A-1636, Tarrant County, Texas, and being more particularly described in the following seven ( 7 ) tracts: TRACT 1: 54.30 acres of land, more or less, being a portion of that particular 72.38 acre tract further described in that certain Warranty Deed dated September 1, 1944, from Don Jennings, Chilton Jennings, et al, to the City of Fort Worth, a municipal corporation, as recorded in Volume 1671, Page 42, Official Public Records, Tarrant County, Texas; LESS AND EXCEPT: 4.62 acres of land, more or less, being described in that certain Warranty Deed dated April 4, 1936, from Richard L. Van Zandt, Edmund P. Van Zandt and Van Zandt Smith, Executors and Trustees of the Estate of K. M. Van Zandt, deceased, to the City of Fort Worth, as recorded in Volume 1276, Page 136, Official Public Records, Tarrant County, Texas; FURTHER LESS AND EXCEPT: 13.46 acres of land, more or less, and being more particularly described by metes and bounds as follows: Beginning at a point located 256.09 feet West and 431.647 feet south of the northeast corner of said Thomas White Survey. THENCE South 0 degrees 10 minutes and 34 seconds West 34.997 feet; THENCE South 0 degrees 9 minutes and 14 seconds West 262.487 feet; THENCE North 88 degrees 45 minutes and 37 seconds West 22.671 feet; THENCE North 88 degrees 45 minutes and 37 seconds West 82.404 feet; THENCE North 88 degrees 45 minutes and 37 seconds West 47.029 feet; Thence along said curve to the left, having a radius of 720.315 feet, an arc length of 349.55 feet, and a chord direction of South 77 degrees 20 minutes and 13 seconds West; THENCE South 63 degrees 26 minutes and 5 seconds West 123.019 feet; THENCE South 63 degrees 26 minutes and 5 seconds West 72.274 feet; Thence along said curve to the right, having a radius of 1118.984 feet, an arc length of 317.16 feet, and a chord direction of South 71 degrees 33 minutes and 17 seconds West; THENCE North 0 degrees 9 minutes and 8 seconds East 78.647 feet; THENCE North 88 degrees 50 minutes and 38 seconds West 377.992 feet; THENCE North 0 degrees 9 minutes and 24 seconds East 513.023 feet; THENCE South 88 degrees 12 minutes and 46 seconds East 1262.05 feet; THENCE South 88 degrees 12 minutes and 43 seconds East 15.658 feet; THENCE South 88 degrees 11 minutes and 51 seconds East 64.386 feet to the point of beginning, containing 13.46 acres of land, more or less. TRACT 2: 5.466 acres of land, more or less, being more particularly described in that certain Warranty Deed dated September 23, 1963, from Texas Electric Service Company, a corporation, acting herein by and through its duly authorized officers, to the City of Fort Worth, Texas, a municipal corporation, as recorded in Volume 3873, Page 108, Official Public Records, Tarrant County, Texas. TRACT 3: 0.359 of an acre, more or less, being more particularly described in that certain Warranty Deed dated December 5, 1969, from Texas Electric Service Company, a corporation, acting herein by and through its duly authorized officers, to the City of Fort Worth, Texas, a municipal corporation, as recorded in Volume 4829, Page 308, Official Public Records, Tarrant County, Texas. TRACT 4: 11.87 acres of land, more or less, being a portion of that certain 17.18 acre tract described as the First Tract in that certain Warranty Deed dated October 2, 1946, from the Fort Worth Calvary Club, a corporation, acting herein by and through John W. Naylor, its duly authorized President, to the City of Fort Worth, a municipal corporation, as recorded in Volume 1843, Page 462, Official Public Records, Tarrant County, Texas; LESS AND EXCEPT: 5.31 acres of land, more or less, being only that portion of land now within the Interstate 30 Right of Way, and being more particularly described by metes and bounds as follows: OFFICIAL RECORD CITY SECRETARY 3 FT. WORTH, TX e. Beginning at a point located on the northern right-of-way line of Interstate 30, more particularly described as being 838.544 feet North of the Southwest corner of the said Thomas White Survey; Thence South 89 degrees 29 minutes and 50 seconds East 105.231 feet; Thence South 89 degrees 30 minutes and 16 seconds East 756.047 feet; Thence South 89 degrees 29 minutes and 42 seconds East 18.02 feet; Thence North 79 degrees 49 minutes and 1 second East 8.496 feet; Thence South 0 degrees 0 minutes and 29 seconds West 107.937 feet; Thence South 0 degrees 0 minutes and 9 seconds East 149.555 feet; Thence South 89 degrees 59 minutes and 59 seconds West 891.501 feet; Thence North 0 degrees 50 minutes and 37 seconds East 263.637 feet to the point of beginning, containing 5.31 acres of land, more or less. TRACT 5: 5.925 acres of land, more or less, being a portion of that certain 6.60 acre tract described as the Second Tract in that certain Warranty Deed dated October 2, 1946, from the Fort Worth Calvary Club, a corporation, acting herein by and through John W. Naylor, its duly authorized President, to the City of Fort Worth, a municipal corporation, as recorded in Volume 1843, Page 462, Official Public Records, Tarrant County, Texas; LESS AND EXCEPT: 0.320 of an acre, more or less, and being more particularly described in that certain Warranty Deed dated October 21, 1963, from the City of Fort Worth, Texas, a municipal corporation, acting by and through its duly authorized officers, to Texas Electric Service Company, a corporation, as recorded in Volume 3906, Page 266, Official Public Records, Tarrant County, Texas; FURTHER LESS AND EXCEPT: 0.355 of an acre, more or less, and being more particularly described in that certain Warranty Deed dated December 11, 1969, from the City of Fort Worth, Texas, a municipal corporation, acting by and through its duly authorized officers, to Texas Electric Service Company, a corporation, as recorded in Volume 4830, Page 569, Official Public Records, Tarrant County, Texas. TRACT 6: 33.92 acres of land, more or less, being a portion of that certain 37.50 acre tract more particularly described in that certain Warranty Deed dated June 15, 1912, from J. A. Evans and wife,Annie Conner Evans,to the City of Fort Worth, a municipal corporation, as recorded in Volume 410, Page 161, Official Public Records, Tarrant County, Texas; LESS AND EXCEPT: 3.58 acres of land, more or less, being only that portion of land now within the Interstate 30 Right of Way, and being more particularly described by metes and bounds in the following two (2)tracts: Tract One: Beginning at a point located on the northern right-of-way line of IH-30, more particularly described as being 838.544 feet North and 887.648 feet East of the southwest corner of the said Thomas White Survey; THENCE North 79 degrees 55 minutes and 17 seconds East 40.623 feet; THENCE South 0 degrees 0 minutes and 13 seconds West 114.376 feet; THENCE South 0 degrees 5 minutes and 10 seconds East 0.655 feet; THENCE South 0 degrees 0 minutes and 9 seconds East 149.591 feet; THENCE North 89 degrees 58 minutes and 8 seconds West 40.006 feet; THENCE North 0 degrees 0 minutes and 9 seconds West 149.555 feet; THENCE North 0 degrees 0 minutes and 29 seconds East 107.937 feet to the point of beginning, containing 0.24 acre of land, more or less. Tract Two: Beginning at a point located on the northern right-of-way line of I1-1-30, more particularly described as being 961.701 feet North and 1265.273 feet East of the southwest corner of the said Thomas White Survey; THENCE North 70 degrees 20 minutes and 28 seconds East 274.907 feet; THENCE North 85 degrees 13 minutes East 4.875 feet; THENCE North 85 degrees 28 minutes and 54 seconds East 46.016 feet; THENCE North 82 degrees 14 minutes and 49 seconds East 50.916 feet; THENCE North 79 degrees 0 minutes and 19 seconds East 50.889 feet; THENCE North75 degrees 50 minutes and 31 seconds East 48.441 feet; THENCE North 39 degrees 32 minutes and 5 seconds East 92.505 feet; THENCE North 76 degrees 42 minutes and 10 seconds East 229.035 feet; OFFICIAL RECORD CITY SECRETARY 4 FT. WORTH, TX THENCE South 82 degrees 4 minutes and 53 seconds East 86.85 feet; THENCE South 73 degrees 33 minutes and 14 seconds East 100.294 feet; THENCE South 73 degrees 32 minutes and 49 seconds East 57.67 feet; THENCE South 0 degrees 0 minutes and 8 seconds East 192.228 feet; THENCE South 89 degrees 59 minutes and 59 seconds West 415.734 feet, THENCE South 89 degrees 59 minutes and 46 seconds West 560.564 feet to the point of beginning, containing 3.34 acres of land, more or less. TRACT 7: 0.47 of an acre, more or less, being a portion of that certain 4.985 acre tract more particularly described in that Receiver's Deed filed for record January 9, 1947 from Claude Arthur, Receiver, to the City of Fort Worth, as recorded in Volume 1868, Page 422, Official Public Records, Tarrant County, Texas; LESS AND EXCEPT: 4.51 acres of land, being only that portion of land now within the Interstate 30 Right of Way, and being more particularly described by metes and bounds as follows: Beginning at a point located on the northern right-of-way line of IH-30, more particularly described as being 961.701 feet north and 1265.273 feet east of the southwest corner of the said Thomas White Survey. THENCE North 89 degrees 59 minutes and 46 seconds East 560.564 feet; THENCE South19 degrees 5 minutes and 46 seconds East 90.198 feet; THENCE South19 degrees 6 minutes and 6 seconds East 154.311 feet; THENCE South 89 degrees 59 minutes and 57 seconds West 905.918 feet; THENCE North89 degrees 59 minutes and 20 seconds West 74.107 feet; THENCE NorthO degrees 5 minutes and 10 seconds West 0.655 feet; THENCE North 0 degrees 0 minutes and 13 seconds East 114.376 feet; THENCE North 79 degrees 54 minutes and 15 seconds East 30.102 feet; THENCE North 70 degrees 20 minutes and 5 seconds East 307.036 feet; THENCE North 70 degrees 22 minutes and 34 seconds East 21.961 feet to the point of beginning, containing 4.51 acres of land, more or less. (Botanic Gardens) E L RECORDCRETARY 5 RTH, TX Electronically Recorded Tarrant County Texas Official Public Records 10/26/2010 3:44 PM D210266078 PGS 5 "26fry SECRETARY - "-CORACT NO. '0 MEMORANDUM OF OIL AND GAS LEASE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § BE IT REMEMBERED that on the day of 0 CTC18>°/L_2010, 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 the A day of d C i o!3rtJ 2010. LESSOR: LESSEE: CITY OF FORT WORTH XTOOEENERGY INC. By: Fernando Costa ,aa�"® n Edwin S.Ryan,Jr. Title: Assistant City Manager pa * capo°�Ttb t� Sr.Vice President-Land Administration pT° 8°70 �Q p ATTEST: A�o off? �O o�d 0 o*fid City Secretary °0OOQ'°p° V APPROVED AS TO FORM AND LEGALITY: Contract Authorization By ` Date Asst t City Atto y Date: /() I w l a OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX q 1 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 day of ® 2010. [SEA Notary Public in and for the EvowraDannRS State of Texas MY COMMISSION EXPIRES -O July 10,2013 My Commission E fres: Print Name of Notary Public Here THE STATE OF TEXAS § COUNTY OF TARRANT § kt' BEFO E, the ndersigned, a Notary Public, on this day personally appeared dd - r= . j -. , on behalf of XTO Energy, Inc., known to me to be the person whose nai rs subscribed to the foregoing instrument and, that he has executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND SEAL OF OFFICE this day of WvIr 2010. [SEAI�oa Notary Public in and for the State of �t►�YR DEDRA L.NUNEZ t Notary Pubflc My Comnjiisst_on fres: g STATE OF TEXAS Print Name of Notary Public Her OF� My Cam- Fx, 01!28/201? 2 Exhibit A 112.31 acres of land, more or less, situated in the Thomas White Survey, A-1636, Tarrant County, Texas,and being more particularly described in the following seven( 7)tracts: TRACT 1: 54.30 acres of land, more or less, being a portion of that particular 72.38 acre tract further described in that certain Warranty Deed dated September 1, 1944, from Don Jennings, Chilton Jennings, et al, to the City of Fort Worth, a municipal corporation, as recorded in Volume 1671, Page 42, Official Public Records, Tarrant County, Texas; LESS AND EXCEPT: 4.62 acres of land, more or less, being described in that certain Warranty Deed dated April 4, 1936, from Richard L. Van Zandt, Edmund P. Van Zandt and Van Zandt Smith, Executors and Trustees of the Estate of K. M. Van Zandt, deceased, to the City of Fort Worth, as recorded in Volume 1276, Page 136, Official Public Records, Tarrant County, Texas; FURTHER LESS AND EXCEPT: 13.46 acres of land, more or less, and being more particularly described by metes and bounds as follows: Beginning at a point located 256.09 feet West and 431.647 feet south of the northeast corner of said Thomas White Survey. THENCE South 0 degrees 10 minutes and 34 seconds West 34.997 feet; THENCE South 0 degrees 9 minutes and 14 seconds West 262.487 feet; THENCE North 88 degrees 45 minutes and 37 seconds West 22.671 feet; THENCE North 88 degrees 45 minutes and 37 seconds West 82.404 feet; THENCE North 88 degrees 45 minutes and 37 seconds West 47.029 feet; Thence along said curve to the left, having a radius of 720.315 feet, an arc length of 349.55 feet, and a chord direction of South 77 degrees 20 minutes and 13 seconds West; THENCE South 63 degrees 26 minutes and 5 seconds West 123.019 feet; THENCE South 63 degrees 26 minutes and 5 seconds West 72.274 feet; Thence along said curve to the right, having a radius of 1118.984 feet, an arc length of 317.16 feet, and a chord direction of South 71 degrees 33 minutes and 17 seconds West; THENCE North 0 degrees 9 minutes and 8 seconds East 78.647 feet; THENCE North 88 degrees 50 minutes and 38 seconds West 377.992 feet; THENCE North 0 degrees 9 minutes and 24 seconds East 513.023 feet; THENCE South 88 degrees 12 minutes and 46 seconds East 1262.05 feet; THENCE South 88 degrees 12 minutes and 43 seconds East 15.658 feet; THENCE South 88 degrees 11 minutes and 51 seconds East 64.386 feet to the point of beginning, containing 13.46 acres of land, more or less. TRACT 2: 5.466 acres of land, more or less, being more particularly described in that certain Warranty Deed dated September 23, 1963, from Texas Electric Service Company, a corporation, acting herein by and through its duly authorized officers, to the City of Fort Worth, Texas, a municipal corporation, as recorded in Volume 3873, Page 108, Official Public Records, Tarrant County,Texas. TRACT 3: 0.359 of an acre, more or less, being more particularly described in that certain Warranty Deed dated December 5, 1969, from Texas Electric Service Company, a corporation, acting herein by and through its duly authorized officers, to the City of Fort Worth, Texas, a municipal corporation, as recorded in Volume 4829, Page 308, Official Public Records, Tarrant County,Texas. TRACT 4: 11.87 acres of land, more or less, being a portion of that certain 17.18 acre tract described as the First Tract in that certain Warranty Deed dated October 2, 1946, from the Fort Worth Calvary Club, a corporation, acting herein by and through John W. Naylor, its duly authorized President, to the City of Fort Worth, a municipal corporation, as recorded in Volume 1843, Page 462, Official Public Records, Tarrant County, Texas; LESS AND EXCEPT: 5.31 acres of land, more or less, being only that portion of land now within the Interstate 30 Right of Way,and being more particularly described by metes and bounds as follows: 3 Beginning at a point located on the northern right-of-way line of Interstate 30, more particularly described as being 838.544 feet North of the Southwest comer of the said Thomas White Survey; Thence South 89 degrees 29 minutes and 50 seconds East 105.231 feet; Thence South 89 degrees 30 minutes and 16 seconds East 756.047 feet; Thence South 89 degrees 29 minutes and 42 seconds East 18.02 feet; Thence North 79 degrees 49 minutes and 1 second East 8.496 feet; Thence South 0 degrees 0 minutes and 29 seconds West 107.937 feet; Thence South 0 degrees 0 minutes and 9 seconds East 149.555 feet; Thence South 89 degrees 59 minutes and 59 seconds West 891.501 feet; Thence North 0 degrees 50 minutes and 37 seconds East 263.637 feet to the point of beginning, containing 5.31 acres of land, more or less. TRACT 5: 5.925 acres of land, more or less, being a portion of that certain 6.60 acre tract described as the Second Tract in that certain Warranty Deed dated October 2, 1946, from the Fort Worth Calvary Club, a corporation, acting herein by and through John W. Naylor, its duly authorized President, to the City of Fort Worth, a municipal corporation, as recorded in Volume 1843, Page 462, Official Public Records, Tarrant County, Texas; LESS AND EXCEPT: 0.320 of an acre, more or less, and being more particularly described in that certain Warranty Deed dated October 21, 1963, from the City of Fort Worth, Texas, a municipal corporation, acting by and through its duly authorized officers, to Texas Electric Service Company, a corporation, as recorded in Volume 3906, Page 266, Official Public Records, Tarrant County, Texas; FURTHER LESS AND EXCEPT: 0.355 of an acre, more or less, and being more particularly described in that certain Warranty Deed dated December 11, 1969, from the City of Fort Worth, Texas, a municipal corporation, acting by and through its duly authorized officers, to Texas Electric Service Company, a corporation, as recorded in Volume 4830, Page 569, Official Public Records,Tarrant County, Texas. TRACT 6: 33.92 acres of land, more or less, being a portion of that certain 37.50 acre tract more particularly described in that certain Warranty Deed dated June 15, 1912, from J. A. Evans and wife,Annie Conner Evans,to the City of Fort Worth,a municipal corporation,as recorded in Volume 410, Page 161, Official Public Records, Tarrant County, Texas; LESS AND EXCEPT: 3.58 acres of land, more or less, being only that portion of land now within the Interstate 30 Right of Way, and being more particularly described by metes and bounds in the following two (2)tracts: Tract One: Beginning at a point located on the northern right-of-way line of IH-30, more particularly described as being 838.544 feet North and 887.648 feet East of the southwest comer of the said Thomas White Survey; THENCE North 79 degrees 55 minutes and 17 seconds East 40.623 feet; THENCE South 0 degrees 0 minutes and 13 seconds West 114.376 feet; THENCE South 0 degrees 5 minutes and 10 seconds East 0.655 feet; THENCE South 0 degrees 0 minutes and 9 seconds East 149.591 feet; THENCE North 89 degrees 58 minutes and 8 seconds West 40.006 feet; THENCE North 0 degrees 0 minutes and 9 seconds West 149.555 feet; THENCE North 0 degrees 0 minutes and 29 seconds East 107.937 feet to the point of beginning, containing 0.24 acre of land, more or less. Tract Two: Beginning at a point located on the northern right-of-way line of IH-30, more particularly described as being 961.701 feet North and 1265.273 feet East of the southwest comer of the said Thomas White Survey; THENCE North 70 degrees 20 minutes and 28 seconds East 274.907 feet; THENCE North 85 degrees 13 minutes East 4.875 feet; THENCE North 85 degrees 28 minutes and 54 seconds East 46.016 feet; THENCE North 82 degrees 14 minutes and 49 seconds East 50.916 feet; THENCE North 79 degrees 0 minutes and 19 seconds East 50.889 feet; THENCE North75 degrees 50 minutes and 31 seconds East 48.441 feet; THENCE North 39 degrees 32 minutes and 5 seconds East 92.505 feet; THENCE North 76 degrees 42 minutes and 10 seconds East 229.035 feet; 4 THENCE South 82 degrees 4 minutes and 53 seconds East 86.85 feet; THENCE South 73 degrees 33 minutes and 14 seconds East 100.294 feet; THENCE South 73 degrees 32 minutes and 49 seconds East 57.67 feet; THENCE South 0 degrees 0 minutes and 8 seconds East 192.228 feet; THENCE South 89 degrees 59 minutes and 59 seconds West 415.734 feet; THENCE South 89 degrees 59 minutes and 46 seconds West 560.564 feet to the point of beginning,containing 3.34 acres of land, more or less. TRACT 7: 0.47 of an acre, more or less, being a portion of that certain 4.985 acre tract more particularly described in that Receiver's Deed filed for record January 9, 1947 from Claude Arthur, Receiver, to the City of Fort Worth, as recorded in Volume 1868, Page 422, Official Public Records, Tarrant County, Texas; LESS AND EXCEPT: 4.51 acres of land, being only that portion of land now within the Interstate 30 Right of Way, and being more particularly described by metes and bounds as follows: Beginning at a point located on the northern right-of-way line of IH-30, more particularly described as being 961.701 feet north and 1265.273 feet east of the southwest corner of the said Thomas White Survey. THENCE North 89 degrees 59 minutes and 46 seconds East 560.564 feet; THENCE South19 degrees 5 minutes and 46 seconds East 90.198 feet; THENCE South19 degrees 6 minutes and 6 seconds East 154.311 feet; THENCE South 89 degrees 59 minutes and 57 seconds West 905.918 feet; THENCE North89 degrees 59 minutes and 20 seconds West 74.107 feet; THENCE NorthO degrees 5 minutes and 10 seconds West 0.655 feet; THENCE North 0 degrees 0 minutes and 13 seconds East 114.376 feet; THENCE North 79 degrees 54 minutes and 15 seconds East 30.102 feet; THENCE North 70 degrees 20 minutes and 5 seconds East 307.036 feet; THENCE North 70 degrees 22 minutes and 34 seconds East 21.961 feet to the point of beginning,containing 4.51 acres of land, more or less. (Botanic Gardens) Red=to:r2G G. Dr. 5 76137 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA F0 W0 COUNCIL ACTION: Approved on 9/21/2010 DATE: 9/21/2010 REFERENCE NO.: L-15058 LOG NAME: 062040 BOTANIC GARDEN CODE: L TYPE: NON-CONSENT PUBLIC NO HEARING: SUBJECT: Approve the Acceptance of a Lease Agreement with XTO Energy Inc., in the Amount of $582,801.68 for Natural Gas Drilling Under 110.988 Acres of City-Owned Properties Known as Fort Worth Botanic Garden Located at 2000 University Drive (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council approve the acceptance of a lease agreement for natural gas drilling under 110.988 acres more or less of City-owned properties known as Fort Worth Botanic Garden to XTO Energy Inc.,for a two-year primary term in the amount of$582,801.68. DISCUSSION: On September 22, 2009, (M&C L-14836), Fort Worth City Council authorized the conversion of Fort Worth Botanic Garden for subsurface drilling and the extraction of natural gas from an off site location. A Request for Bid Proposals (RFP)for Fort Worth Botanic Garden was advertised for three consecutive weeks in the Fort Worth Star-Telegram, published on July 15, 2010, July 22, 2010 and July 29, 2010. The following sealed bid for the gas lease was received and opened on August 5, 2010. Bidder Lease Bonus/Acre Total Lease Bonus Percent 82" alt Energy, Inc. $5,251.00 $582,801.68 25.00 percent Chesapeake Exploration, LLC $4,233.00 $469,815.18 25.00 errant The bid received was evaluated by staff and the City's Mineral Management Consultant, Midkiff Oil and Gas. In addition to the lease bonus rate and royalties paid to the City, the bidder's drilling plan, reputation, financial status, project team and compliance history were also evaluated. Upon review of the bids, XTO Energy, Inc., offered the highest bonus and has a drillsite to develop this tract. Therefore, it is recommended that award of this lease go to XTO Energy, Inc. Timely award and execution of this lease will allow for inclusion of these properties in the drilling unit currently being formed. In accordance with the City's Mineral Management Consulting Agreement, City Secretary Contract Number 37980, the net transfer to the City is estimated to be $571,145.65 more or less. The City has established a Minority Women Business Enterprise (M/WBE) participation goal of three percent on City-owned property of 40 acres or more without an investment goal. On leases of City- owned property of 700 acres or more, the City has established an option of either a three percent M/WBE goal or the inclusion of an M/WBE investor. XTO Energy Inc., has agreed to meet the three percent M/WBE participation goal. Revenues received from this lease will be deposited according to the current Financial Management bttn_//aflflC_Cfwnetnro/[`nlln[--tI naplrPtfine rpviparaa+9TTL-1d11C%V,n^»rnn;tA IMAIA nni��i�n�n M&C Review Page 2 of 2 Policy Statements (M&C G-16747, approved November 3, 2009)which direct 100 percent of the bonus to the Parks and Community Services Capital Improvements Fund to be used for capital improvements at this park. This park has not received funds from Federal and/or State grants and therefore the mineral revenue is unrestricted. Other revenue received from this lease will be allocated as follows: i. Fifty percent of the revenue will be allocated to the Capital Projects Reserve Fund; and ii. Fifty percent of the revenue will be allocated to the Fort Worth Permanent Fund. The property is located in COUNCIL DISTRICT 7, Mapsco 76 E and J. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that the Planning and Development Department is responsible for the collection and deposit of funds due the City. TO Fund/Account/Centers FROM Fund/Account/Centers C282 446100 801929966600 $582.801.68 C282 531260 801929966600 $11.656.03 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Susan Alanis (8180) Additional Information Contact: Jean Petr(8367) ATTACHMENTS MCmap (2).ipg 1 1110 Ostnere 1000 1! - 1 IIiDO Botanic Gardens 0 150 300 600 900 1,200 Feet / EAmEIIILM EErEEEE E1till roHIM plol0000�i ' RONNIEElE�lC�El� CiCCi 11CIiQE I�Ili 11E1111 � ���le II�IEE� �111C �a CMC 111111! ■� 11111 11010 oIlls 1111110 011 � ,off Page 1 of 1 Tidwell, Allison From: Fullenwider, Sarah Sent: Thursday, October 14, 2010 4:18 PM To: Tidwell, Allison Subject: RE: Oil &Gas Lease Follow Up Flag: Follow up Flag Status: Blue Allison, Thanks for asking!! This one is ok. The M&C says more or less and this is really just a little over an acre so I am comfortable with this one. Again, really appreciate your review!! Sarah From: Tidwell, Allison Sent: Thursday, October 14, 2010 1:28 PM To: Fullenwider, Sarah Subject: Oil &Gas Lease Sarah, I have a question regarding a memorandum of oil & gas lease and gas lease that I received this morning. M&C L-15058 approved the lease for 110.998 acres, but the lease itself says it is for 112.31 acres. Is it OK to process this lease as is? Please respond in writing so that I may include it with the file. Thank you. Administrative/Records Technician City Secretary's Office Phone: (817)392-6090 Fax: (817)392-6196 www.fortworthgov.org/csec M6M*MW* 11/15/2010