HomeMy WebLinkAboutContract 41372 _RECORDED ELECTRONICALLY
ID: D210315124 CITY SECRETARY
County: TARRANT CONTRACT NO.
Date: December 21 2010 Time: 3:43 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 CITV 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 Xday of O , 201.'.
LESSOR: LESSEE:
CITY OF FORT WORRTH/ XTO ENERGY INC.
By: Fernando Costa By: Edwin S. Ryan.Jr.
Title: Assistant City Manager Its: Sr. Vice}'resiclont—Lamul Administration
ATTEST: a�*OR ��
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City Secretary "o d
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APPROVED AS TO FORM AND LEGALI . a
094
-- Contract Authorization
B ��y'u''��. �Q�I�L ',I 1"1 OQ I I I flip�
y Date
Assistant City 91rney
Date:
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
1-19-1 P S: I
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 / / i- 2010.
[SEAe
Notary Public in and for the i EYONIADANIELS
State of Texas '_'=W".*_ I
MY COMMISSION EXPIRES
July 10,2013
My Commission Expires:
Print Name of Notary Public Here
THE STATE OF TEXAS §
COUNTY OF TARRANT §
$FBr/wIner, ME, th d signed, a Notary Public, on this day personally appeared
N U1 AA
on behalf of XTO Energy, Inc., known to me to be
the person whose ane 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 l�day of b9L 2010.
[SEAL] "
Notary �Iicandor the
State of
My Commission Ex its�
��0M.0-0-oill Print Name of Notary Public Here
Y DEDRA L.NUNEZ
t # Notary Public
STATE OF TEXAS
OF pS MY Comm.Exp.01/28/2012
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
2
EXHIBIT A
0.985 acres of land, more or less, being a called 0.665 of an acre, situated in the Joshua N. Ellis
Survey, A-463, and the Peter Rouche Survey, A-1340, both of Tarrant County, Texas, and being
more particularly described in that certain Quit-Claim Deed dated November 23, 1965, from
Tarrant County Hospital District to the City of Fort Worth, as recorded in Volume 4366, Page 7,
Official Public Records, Tarrant County, Texas; and
(GWODZDZ/S. MAIN ROW)
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, `rX
Retum to: gay G.Kuba
6127 Green Jacket Dr.
FF.ortW Worth,TX 76137
Electronically Recorded Tarrant County Texas
Official Public Records 12/21/2010 3:43 PM D210316124
PGS 3 $24.00
.. CITY SECRETARY
CONTRACT No I
MEMORANDUM OF OIL AND GAS LEASE
STATE OF TEXAS §
§ D10W ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
BE IT REMEMBERED that on the day ofL , 2010, a Paid Up Oil
and Gas Lease was made and entered into by and between the ClOF 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.
It
Executed this the L�lay of ,20tf6
LESSOR: LESSEE:
CITY
YOOF'FORT WORTH XTO ENERGY INC.
By: Fernando Costa By: Edwin S. R.ya+i.Jr.
Title: Assistant City Manager Its: sr.vice rresid�nt—[,and Administration
4boo�an�n
ATTEST: sp O ®� � �
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L-19613 AS TO FORM AND LEGAL A 6
Contract Authorization
B : � �,piL�� I l i 1-1144 `J' "kILQ
Y Data
Assistant City A meeyy
Date:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
1
" 0
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 kt day / !� 2010.
[SE P� '
No Public in and for the
�' EvoNu naJnas
State of Texas MY CO M1 Ig I
July 10,2013 ES
My Commission Expires:
Print Name of Notary Public Here
THE STATE OF TEXAS §
COUNTY OF TARRANf §
8FF ME, th d signed, a Notary Public, on this day personally appeared
on behalf of XTO Energy,Inc., known to me to be
46Mthe person who ame 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 day of 2010.
[SEAL] "
4 Notary lic " and for the
State of
My Commi Vion
-2=C)
- Print Name of Notary Public Here
��►+'rqa DEDRA L.Nl1NEZ
t Notary pubI1C
STATE OF TEXAS
MY Comm.Up.01/28/2012
OFFICIAL RECORD
CITY SECRETARY
FT. FORTH, TX
2
EXHIBIT A
0.985 acres of land, more or less, being a called 0.665 of an acre, situated in the Joshua N. Ellis
Survey, A-463, and the Peter Rouche Survey, A-1340, both of Tarrant County, Texas, and being
more particularly described in that certain Quit-Claim Deed dated November 23, 1965, from
Tarrant County Hospital District to the City of Fort Worth, as recorded in Volume 4366, Page 7,
Official Public Records,Tarrant County,Texas; and
(GWODZDZ/S.MAIN ROW)
OFFICIAL RECORD
CITY SECRETARY
FT. ° : ` -ITH,IT
Rdn to: Br
G.Kuba
61 G 11 Jodoet Ot.
Fat Wath,7X 76137
M&C Review Pagel of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA F°R�H
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
dediested park 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=l 2668&councildate=11/17/2009 11/29/2010
M&C Keview 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 Managers Office by: Fernando Costa (6122)
Originating Department Head: Susan Alanis (8180)
Additional Information Contact: Jean Petr (8367)
ATTACHMENTS
http://apps.cfwnet.oTg/council_packet/MC TevieW.asp?ID=12668&councildate=11/l7/2009 11/29/2010
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoR�H
COUNCIL ACTION: Approved on 11/9/2010
DATE: 11/9/2010 REFERENCE NO.: L-15093 LOG NAME: 062050 10 PERCENT
LEASES
CODE: L TYPE: NON- 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 City Manager's OfficeW.. Fernando Costa (6122)
Originating-Department Head: Randle Harwood (6101)
Additional_Information_Contact: Jean Petr(8367)
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=14414&councildate=l 1/9/2010 11/29/2010
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