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Home My WebLink AboutContract 41374 (2) RECORDED ELECTRONICALLY ID: D210315127 CITY SECRETARY County: TARRANT CONTRACT NO. I Date: December 21, 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 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. Executed this the&d-ay of 2044. LESSOR: LESSEE: CITY OF FORT WORTH XTO ENERGY INC. By: Fernando Costa By: Edwin S.r•_yan,Jr. Title: Assistant City Manager Its: Sr. Vice President—Land Administration ATTEST: 00C 0 City SecretaryCPO a o°° °0000 Fv p o aAP, 0d APPROVED AS TO FORM AND LEGALITY:° c 0°0°00000 By: Assis ant City Atto ey Date. f `�`Ciao;,,,, t�� OFFICIAL RECORD I3 CITY SECRETARY Contract Authorization t � �1.� FT.WORTIi, TX Date 1 �- 7-1v P )�: _ I J 01-19-14 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 o 2010. [SE ' otary Public in and for r" EVOMADAMEIS State of Texas MY COMMISSION EXPIRES ,r E+; JuIY 10,2013 My Commission Expires: Print Name of Notary Public Here THE STATE OF TEXAS § COUNTY OF TARRANT § �� RE Mk,, th unde si ed, a Notary Public, on this day personally appeared , , on behalf of XTO Energy,Inc., known to me to be the person wh6se 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. [SEAL] Notary Pu lic in and for the State of W5 M C ssion Expires:My � 2�2D 1'2, Print Name of Notary Public Here nmcc�c r DEDRA L.NUNEZ Notary Public STATE OF TEXAS OF My Comm.Exp.01/28/2012 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 2 Exhibit A 0.046 of an acre, more or less, situated in the Joshua N. Ellis Survey, A-463, Tarrant County, Texas, and being more particularly described by metes and bounds in that certain Warranty Deed, dated May 30, 1911, from John C. Smith and wife, Mrs. Blanch Smith to City of Fort Worth, as recorded in Volume 360, Page 447, Official Public Records, Tarrant County, Texas. (COLLEGE AVENUE ROW II) OFFGCPIAL RECORD CITY 3 Electronically Recorded Tarrant County Texas Official Public Records 12/2112010 3:44 PM D210316127 PGS 3 $246ft SECRETARY ....CONTRACT NO. MEMORANDUM OF OIL AND GAS LEASE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § BE IT REMEMBERED that on the day of , 2010, a Paid Up Oil and Gas Lease was made and entered into by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas, 1000 Throckmorton Street, Fort Worth, Texas 76102, hereinafter called "(LESSOR)"; and XTO Energy Inc., 810 Houston Street, Fort Worth, Texas 76102, hereinafter called ("LESSEE"), where LESSOR hereby grants, leases and lets exclusively to LESSEE for the purpose of exploring for, developing, producing and marketing oil and gas, together with any liquid or gaseous substances produced in association therewith, from the following described land situated in Tarrant County, Texas, to- wit: SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF Subject to the other provisions therein contained, said lease provides for a primary term of two (2) years, from the date thereof, and as long thereafter as oil or gas or other substances covered therein are produced in paying quantities from the leased premises or from lands pooled therewith, or this lease is otherwise maintained in effect pursuant to the provisions therein. An Executed copy of said Oil and Gas Lease is in the possession of LESSEE at its address indicated above. � 11 Executed this theW-day o &A-- ,2011-0.- LESSOR: 011$:LESSOR: LESSEE: CITY OF FORT WORTH XTO ENERGY INC. By:Fernando Costa By: Edwin S.Ryan, j'r. Title'Assistant City Manager Its: Sr. Vice President—Lund Administration ,o4buti�h*� ATTEST: . �F00000 �4a� Uo -04 ®�� 0 0 City Secretaryg p Q O O ° vvo° hr-1f • 000 � � v 0°OO000 � d APPROVED AS TO FORM AND LEGALITY: a�n a b4 Y Assistant Citx A rney Date: fqa y OFFICIAL RECORD Cully-,'OCL: Aut- h� o� r—i tion CITY S_CRETARY tat F-r, Vj,oRjH,TX Date 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 /Al day off 2010. [SEAL] -` jF`"'' i:. EVDNIA DANIELS otary Public in and for t MY COMMISSION EXPIRES State of Texas ; .`;; ` J*to,tots ,k My Commission Expires: Print Name of Notary Public Here THE STATE OF TEXAS § COUNTY OF TARRANT § t eutidersigqcZ, a Notary Public, on this day personally appeared Y4 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 day of ,2010. [SEAL Notary PtIblic in and for the State of 04ms My Ca` ssiq,Expires: -Print Name of Notary Public �� Wxr DEDRA L.NUNEZ Notary Public " STATE OF TEXAS h ' OF My Comm.Exp.01/28/2012 M R€CORD ETARYTh, ilk 2 y Exhibit A 0.046 of an acre,more or less,situated in the Joshua N. Ellis Survey, A-463,Tarrant County, Texas,and being more particularly described by metes and bounds in that certain Warranty Deed,dated May 30, 1911,from John C. Smith and wife,Mrs. Blanch Smith to City of Fort Worth,as recorded in Volume 360,Page 447, Official Public Records, Tarrant County, Texas. (COLLEGE AVENUE ROW Il) N i AAL MORDY SECRETARYT. ; H,TX Retum to: MG. jaddDr. 3 FFat Worth,TX 76137 M&C Review Page ] of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORT�TII 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=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 Page I 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: 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 City Mana eg is Office by: Fernando Costa (6122) Originating Department Head: Randle Harwood (6101) /additional Information Contact: Jean Petr (8367) http://apps.cfwnet.org/council packet/mc review.ast)?ID=14414&councildate=11/9/2010 Ili?9iI?nin 1 2 3 4 2 1 2 3A 38 4 QV 2 - Wt------ Q 24 -- n 5 23 U' ---- �+ ---- n ,e 0 s m 22 s LLJ 3A 21 (A 17 6 0 1 20 16 7 PAGE,R M ADDITION 16 16 ,s 6 --r- s - ,7 - - 18 -- 10 14 9 Q �► _ — — m ,s 0 LL IS, EY 11 13 10 n - 14 - -- ----- -— RYAN P C ADDITION 3 ,s 13 12 12 11 ERT---- 4 la O• 15 / UAA 1 12R -- -- 1 - -- - -- - j/ 1 5 14 12 2 11-R --- -�--- - - -L` 2 -- a�-- 8 13 21 113 3,o SMITH,B O DDITION � - 10 SCH L DI _ - -- 4 9 7 12 PAGE, M D ITIO 4 9R -- �----- - - 5 6 W 6 5 \ J7 6 7 d 6 9 10 Z , -- 1 24 1 24 2 2 23 - 23 2 3 3 --- LU --- -- 22- 3 � W ---4- - 5 4 4 21 J 21 4 - — 0 4R 6 5 5 20 V 5-..-- - 20 5 7 6 6 19 - 6 --- 1 19 r- 6 - IL H T 7 7 16 1 7 — TUXE R,IV B SURVEY WA K;LYDt U R VEY1 19 6 8 17 6 17 8 - -- - 9 9 -- ----18 9 � 19 9 11 10 10 15 —_ — 10 15 t0 12 11 - 11 _14 T---- 11 14 M H 1, / 12 13 L e ncf 12 13 12 13 ' CANTEY C N SI CA ' 1 MCAD_ C,%AQ 24 s 1 1