Loading...
HomeMy WebLinkAboutContract 41370 _RECORDED ELECTRONICALLY ID: D210315104 CITY SECRETARY County: TARRANT CONMCT NO. 1 O Date: December 21, 2010 Time: 3:38 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 day of , 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. �, 1 I Executed this the Aeday of Off, , 201-&. LESSOR: LESSEE: CITY OF FORT WORTH XTO ENERGY INC. /�il�s�ti/iM�I�C� � � �-ti/•—�� ' You By: Fernando Costa By: Edwin S.Ryan,Jr. Title: Assistant City Manager Its: Sr.Vice President—Land Administration. ATTEST: ®�0000000004 , a� 0040 City Secretaryv o o 0 00000000 APPROVED AS TO FORM AND LEGALITY: By: 4��- Assistant City Attdmey Contract Authorization Date: `- ly f1� 1'1 �D�i 14`5 14. Date OFFICIAL RECORD CITY SECRETARY FT. RTH,TX 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 °�f 2010. [SEAL M N.. 11/`1�7 � Notary Public in and for the State of Texas My Commission Expires: M•�ff.�4 J[J.��✓ / 2®,l3 Print Name of Notary Publics' ' EVONIA DANIELS MV COMMISSION EXPIRES J*10,2013 THE STATE OF TEXAS § COUNTY OF TARRANT § BI I 2,: hv gT6si , a Notary Public, on this day personally appeared on behalf of XTO Energy, Inc., known to me to be the person wh se name is subscribed to the foregoing instrument and, that he has executed the same for the purposes and consideration therein expressed. I ILI-Mb GIVEN UNDER MY HSEAL OF OFFICE this !0 day of 2010. [SEALb, AND Notary Pulalic in and for the State of My Commnl/s�ciVolnlfil s: �n DEDRA L.NUNEZ IW 1 • L ©I `� Print Name of No Notary Public I tary Public Here (Smy STATE OF TEXAS Comm.Exp.01/28/2012 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 2 Exhibit A 1.08 acres of land, more or less, situated in the William Edwards Survey, A-471, and the John H. Cole Survey, A-317, both in Tarrant County, Texas, and being more particularly described in the following three (3) tracts: TRACT ONE: 0.159 of an acre, more or less, situated in the John H. Cole Survey, A-317, Tarrant County, Texas, and being more particularly described in that certain Quitclaim Deed dated June 6, 1968, from John Ernest Ferguson and wife, Hazel L. Ferguson, to the City of Fort Worth, a municipal corporation, as recorded in Volume 4607, Page 827, Official Public Records, Tarrant County, Texas. TRACT TWO: 0.145 of an acre, more or less, situated in the John H. Cole Survey, A-317, Tarrant County, Texas, and being more particularly described in that certain Warranty Deed dated June 6, 1968, from John Ernest Ferguson and wife, Hazel L. Ferguson, to the City of Fort Worth, a municipal corporation, as recorded in Volume 4607, Page 825, Official Public Records, Tarrant County, Texas. TRACT THREE: 0.776 of an acre, more or less, situated in the William Edwards Survey, A-471, and the John H. Cole Survey, A-317, both in Tarrant County, Texas, and being more particularly described in that certain Quitclaim Deed dated July 12, 1968, from Sarah E. Gussett, also known as Sarah Elizabeth Gussett, to the City of Fort Worth, a municipal corporation, as recorded in Volume 4592, Page 829, Official Public Records, Tarrant County, Texas. (EDERVILLE RD ROW/BRENTWOOD STAIR RD ROW) N RECORD RETARY TH, TX 3 ' Electronically Recorded Tarrant County Texas Official Public Records 12/21/2010 3:38&yy SE10 PGS 3 $24.o¢ONTRACT NO. 3 MEMORANDUM OF OIL AND GAS LEASE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § BE IT REMEMBERED that on the47 day of 6P P, , 2010, a Paid Up Oil and Gas Lease was made and entered into y and betweer;16,e—crrV OF FORT WORTH, a home rule municipal corporation of the State of Texas, 1000 Throckmorton Street, Fort Worth, Texas 76102, hereinafter called "(LESSOR)"; and XTO Energy Inc., 810 Houston Street,Fort Worth, Texas 76102, hereinafter called ("LESSEE"), where LESSOR hereby grants, leases and lets exclusively to LESSEE for the purpose of exploring for, developing, producing and marketing oil and gas, together with any liquid or gaseous substances produced in association therewith, from the following described land situated in Tarrant County, Texas, to- wit: SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF Subject to the other provisions therein contained, said lease provides for a primary term of two (2) years, from the date thereof, and as long thereafter as oil or gas or other substances covered therein are produced in paying quantities from the leased premises or from lands pooled therewith,or this lease is otherwise maintained in effect pursuant to the provisions therein. An Executed copy of said Oil and Gas Lease is in the possession of LESSEE at its address indicated above. 1l Executed this the Ctty of , 2014s. LESSOR: LESSEE: CITY OF FORT WORTH XTO ENERGY INC. `� ,d4'CL'L1�� �G�tw�.- �!. /�� - �� Vii✓ By: Fernando Costa aooEdwin S. Ryan,Jr. p 0000 Title: Assistant City Manager d as 0a� Sr.Vice President Ladd Administration ATTEST: �a o • °fid o °o° d 000 00 0000Ci City Q� L- n I_- 15 o13 Contract Authorizatioa APPROVED AS TO FORM AND LEGALITY: I11i16, , 1119 ho / A— Date 1 Assistant Cit k orney Date: �l( Ccs OFRECORD CITY SECRETARY FT. WORTH$ TX 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. L GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 6rA h r- 2010. [SEAL Notary Public in and for State of Texas 'CO +rss�onr s J*10,2Ut3 My Commiss�'�Expires: Print Name of Notary Public Here THE STATE OF TEXAS § COUNTY OF TARRANT § B I M si ed a Notary Public, on this day personally appeared on behalf of XTO Energy, Inc.,known to me to be the person who 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 6M day of kMM"__'2010. [SEAL] Notary Public in and for the State of My Go ssi Print Name of Notary Public Here ►nr DEDRA L.NUNEZ * Notary Public STATE OF TEXAS OF MY Cam.Exp.01/28/2012 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 2 Exhibit A 1.08 acres of land,more or less, situated in the William Edwards Survey, A-471., and the John H. Cole Survey,A-317, both in Tarrant County, Texas, and being more particularly described in the following three(3)tracts: TRACT ONE: 0.159 of an acre, more or less, situated in the John H. Cole Survey, A-317, Tarrant County, Texas, and being more particularly described in that certain Quitclaim Deed dated June 6, 1968, from John Ernest Ferguson and wife, Hazel L. Ferguson, to the City of Fort Worth, a municipal corporation, as recorded in Volume 4607, Page 827, Official Public Records,Tarrant County, Texas. TRACT TWO: 0.145 of an acre, more or less, situated in the John H. Cole Survey, A-317, Tarrant County, Texas, and being more particularly described in that certain Warranty Deed dated June 6, 1968, from John Ernest Ferguson and wife, Hazel L. Ferguson, to the City of Fort Worth, a municipal corporation, as recorded in Volume 4607, Page 825, Official Public Records,Tarrant County, Texas. TRACT THREE: 0.776 of an acre, more or less, situated in the William Edwards Survey, A-471, and the John H. Cole Survey, A-317, both in Tarrant County, Texas, and being more particularly described in that certain Quitclaim Deed dated July 12, 1968, from Sarah E. Gussett, also known as Sarah Elizabeth Gussett, to the City of Fort Worth, a municipal corporation, as recorded in Volume 4592, Page 829, Official Public Records, Tarrant County, Texas. (EDERVILLE RD ROW/BRENTWOOD STAIR RD ROW) OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX Rehxrt b: G.Kuba 3 612 '1 Jacket Dr. FFbd Worth,TX 76137 M&C Review Pagel of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoRy TWORTH, 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. FISCAL INFORMATION/CERTIFICATION: http://apps.cfwnet.org/council_packet/mc_review.asp?ID=12668&councildate=11/17/2009 11/29/2010 M&C Review Page 2 of 2 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 11/29/2010 M&C Review Pagel of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTH COUNCIL ACTION: Approved on 11/9/2010 DATE: 11/9/2010 REFERENCE NO.: L-15093 LOG NAME: 062050 10 PERCENT LEASES CODE: L TYPE: NOW PUBLIC CONSENT HEARING: NO SUBJECT: Authorize the City Manager to Execute Leases and Lease Amendments for Previously Approved or Executed Leases for Natural Gas Drilling Under City-Owned Properties to Add Adjoining Acreage Up to Five Acres or Ten Percent More, Whichever is Greater RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute leases and lease amendments for previously approved Mayor and Council Communications or administratively executed Leases found to have additional contiguous land area of five acres or 10 percent more, whichever is greater. DISCUSSION: From time to time after mineral leases are approved by City Council or administratively executed by the City Manager as permitted by Mayor and Council Communication L-14889, additional City-owned mineral interests contiguous to the approved mineral lease are discovered during the final mineral title review process completed by the gas company. The City standard oil and gas lease language contains a "more or less" clause to accommodate acreage variances that may be found during the final mineral title research process. It is an acceptable practice in the industry to add additional acreage to the center of a street that abuts the lease property through "strips and gores" or to add small adjoining tracts to the mineral lease. The City requires that the bonus and royalty for this additional property to be paid at the same rate as the original lease. Staff is recommending that the City Council give the City Manager the authority to execute mineral leases or lease amendments for previously approved Mayor and Council Communications or administratively executed leases in order to add adjoining acreage up to five acres or 10 percent more, whichever is greater. 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 Citv Manager's Office bv: Fernando Costa (6122) Originating Department Head: Randle Harwood (6101) Additional Informa_tion_Contact: Jean Petr (8367) htti)://anns.cfwnet.org/council nacket/mc Pevie.w Acn9ln=1,1,11,1,R rnimrilrlata=l 1/0/1010 I 1/10/11111 1) .,.. s • q Ma a a a C� q s n r tt6 s • • q a a w M s 14 10 04 M O • • a ,s O AI'S w o 3 s • � v eRANIre a { ' wW '� r • M � a a a s 1 O { ' 3 n a i • 4 ' ' • ' ° � • • a 2 a • Q 2 s D r � a • • v 2 e r — q n r • s • { r • a ~ ar a 21 • ROLA RIVER RD A « a m a a 2z + 3 • « • ` s s q " r � n � � a a • •+ a 2 w a r • r • ' a O 1 • c " • • s { n • 4 a • i Q m FALLRIV£R DR r • • a 3s >o ' 3 IIF�OG m n • a ar u • • r ++ n r M ' � q R a 4 s r • EMERALL LAK D s a x w 1 s • • � y a w � � 1 • • r LA ()S\ • 2 a 6 • T 1 •pIN GO0 a v SALYi LAW"14(7L ALV S5S0 \ • a ' a a cis 2 q n A +` 210AC w L ) ~ i S•nC q,o ) J SRIF �fqK fg1C m,c FABT FWY (I H 30) tA>< NSE 2tMAc • pial? GE { R 7 � I OK v~i 2 a m a O MO �a �02ABET O �' E a a a , Y a •t p. 17 G 1 t S Y a z y w • m x g o IyC r t s • r C a Mi" O OG • • ; a ®20fi Y 2 AMBER DRw • • • O a O s — O R a >x R w R 1R w c4 f,1 yR T]A ;1 • 1 • • • • ft % 3 as O Y MENZER ST n 3A0� C •C 1 • 1 ! . { . • . a h 1 = ' • M q • 2 t 2 a c 3 • 3 • 3 rw { f a • 2 i A a : � � s 2 ► 2 w t t • . 1 1 • 2 t • S ) t 114 6 7 a . { 8 S { 2~MAC BEN\IAR ST = BRIARWOOD LN J , • s n + • , r q 1 • • A B C D f f G 'st 2 12 2 • , { Y 11 • q AA ® {at•a ,w•wt 3e 2 i �)2 • 2 a2 a .r R L.PS5 C' 2 7s 4 T 7w N E Z §OLLOWBROOK RD a a 3 • p2 _ a a 2 a 2 3 0 27'a4 00 3. • 213 IRM' >t a d a (� KEMBLE ST CLOSED ST KE%f6 1 ' m 1s • 17 r T R 5 { n w s AMA s t 2 a e 71 1 • a • • ,