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Home My WebLink AboutContract 41376 RECORDED ELECTRONICALLY ID: D210315105 CITY SECRETARY County: TARRANT CONTRACT NO. 3 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. A_'d'_ay Executed this the of 201$. LESSOR: LESSEE: CITY OF FORT WORTH XTO ENERGY INC. By: Fernando Costa ,oa�'�0Rr Edwin s. kyan,Jr. Title: Assistant City Manager ,cp Wt 0000 a� Sr.Vice President- Land Administration °Q0�� ATTEST: 0 #9 m a d City Secretary Ay d �Aad APPROVED AS TO FORM AND LEGALITY: Contract Authoriaatioa at a Lo t Date Assistant CitylAt/ ey Date: r`�!1 -7— OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 01- 1 - 1 P 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 41k day of 2010. [SEZa0e4.zAt! Notary Public in and for tP;.., 'I..= EVONIA DORS State of Texas =•: •_ civ COMMISSION ExaiAEs July 10,2013 My Commission Expires: Print Name of Notary Public Here THE STATE OF TEXAS § COUNTY OF TARRANT § M thder i ed, a Notary Public, on this day personally appeared on behalf of XTO Energy, Inc.,known to me to be the person w1lose 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 J? day of , 2010. [SEALhd' NotaryPu 1'c m d for the State of t�xy DEDRA L.NUNEZ * * Notary Public My Coi STATE OF TEXAS ��. Print Name of Notary Public Here '�� p My Cm"-Exp-01/28/2012 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 2 Exhibit A 1.281 acres,more or less,being situated in the Lydia Jane Warwick Survey,Abstract No. 1663,Tarrant County, Texas,and being more particularly described in the following four(4)tracts: Tract is 0.3558 acres, more or less, being a called 0.2870 acres situated in the Lydia Jane Warwick Survey, Abstract No. 1663, Tarrant County, Texas and being Lots 8 & 9, Block 22, Ryan and Pruitt Addition, Tarrant County, Texas, according to the Plat recorded at Volume 204, Page 34, Plat Records, Tarrant County, Texas and being more particularly described in that certain General Warranty Deed dated January 2, 1981 from Pamex Foods, Inc., a Delaware Corporation, acting herein by and through its duly authorized officers; and Bennie Cardona to the City of Fort Worth, a municipal corporation as recorded in Volume 7057, Page 1112, Official Public Records, Tarrant County,Texas; Tract 2: 0.2847 acres, more or less, being a called 0.1435 acres situated in the Lydia Jane Warwick Survey, Abstract No. 1663, Tarrant County, Texas and being Lot 10, Block 22, Ryan and Pruitt Addition, Tarrant County, Texas,according to the Plat recorded at Volume 204, Page 34, Plat Records, Tarrant County, Texas and being more particularly described in that certain Final Judgment dated January 3, 1984 styled as "City of Fort Worth vs. David Rubin ET AL", Cause No. 153-65094-81, Condemnation Proceedings in the District Court of Tarrant County, Texas, 153`d Judicial District as recorded in Volume 7776, Page 628, Official Public Records, Tarrant County, Texas; Tract 3: 0.2491 acres,more or less,being situated in the Lydia Jane Warwick Survey,Abstract No. 1663,Tarrant County,Texas and being part of that certain 0.2847 acre tract more particularly described in that certain Quit-Claim Deed dated January 20, 1927 from J.W.Tidrick and wife,Mrs. J.W.Tidrick(former Sophia Rhaney)to City of Fort Worth, a municipal corporation as recorded in Volume 960, Page 160, Official Public Records, Tarrant County, Texas; LESS AND EXCEPT: 0.0356 acres, more or less, being a called 0.0287 acres situated in the Lydia Jane Warwick Survey, Abstract No. 1663, Tarrant County, Texas and being more particularly described in that certain Warranty Deed dated June 27, 1951 from the City of Fort Worth,a municipal corporation of Tarrant County,Texas, acting herein by and through its duly authorized Mayor, J.R. Edwards to Harold Teddlie as recorded in Volume 2340,Page 548,Official Public Records,Tarrant County,Texas; Tract 4: 0.3914 acres, more or less, being a called 0.3157 acres situated in the Lydia Jane Warwick Survey, Abstract No. 1663, Tarrant County, Texas and being a portion of Lot 13 and Lots 14 & 15, Block 18, Ryan and Pruitt Addition, Tarrant County, Texas, according to the Plat recorded at Volume 204, Page 34, Plat Records, Tarrant County,Texas and being more particularly described in that certain Quit-Claim Deed dated January 1, 1981 from Dairy Queen Stores, Inc., a Texas corporation, by and through its duly authorized officer, W.E. White, Executive Vice-President and Moses N. Barker and wife, Linda J. Barker (present Lessees and Sublessees of the hereinafter described property)to the City of Fort Worth,a municipal corporation as recorded in Volume 7054,Page 1468,Official Public Records,Tarrant County,Texas; (Berry Street/Grove Street) OFFICIAL RECORD CITY SECRETARY FT.WORTHS TX 3 Electronically Recorded Tarrant County Texas Official Public Records 12/21/2010 3:38 PM D210316106 PGS 3 '26A SECRETARY .MNrTRACT 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. Executed this theoMD day o 20tO. LESSOR: LESSEE: CITY OF FORT WORTH XTo EE�1N�ERGY INC. l f.�IM' P By Fernando Costa By: Edwin S. Ryan,Jr. Title: Assistant City Manager ;35"WQtk Sr.Vice}'resident 1,and Administration 0 �d ATTEST: po� °o®,� o S�� 0 O p O City Secretary * 00 O OO 00000000 Ay APPROVED AS TO FORM AND LEGALITY: "t-1 A l G 0 3 , Contract Authorization "let 119 Assistant City rney rate Date: � 4 OFFICIAL RECORD CITY S'ECR'ETARY FT. Wo RT KrX - 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"Pnl cr' 2010. [SE . G�� ?' Notary Public in and for the State of Texas was en` EVOMADAMM �' aES My Commission Expires: Print Name of Notary Public Here THE STATE OF TEXAS § COUNTY OF TARRANT § e ersi d vna Notary Public, on this day personally appeared J1 on behalf of XTO Energy,Inc.,known to me to be Ne-person wh na a is subscribed to the foregoing instrument and, that he has executed the same for the purposes and consideration therein expressed. IvIt GIVEN UNDER MY HAND SEAL OF OFFICE this day of 20]0. [SEbmbff AL Notary Public in and for the State of JAY` DEDRA L.NUNEZ My Commis9ion E� Notary Public p STATE OF TEXAS •L. . Q... Print Name of Notary Public Here �� y my Comm.Exp.01/28/2012 2 N AL REE-OIDECRETARYORTH,TX Exhibit A 1.281 acres,more or less,being situated in the Lydia Jane Warwick Survey,Abstract No. 1663,Tarrant County, Texas,and being more particularly described in the following four(4)tracts: Tract l: 0.3558 acres, more or less, being a called 0.2870 acres situated in the Lydia Jane Warwick Survey, Abstract No. 1663, Tarrant County, Texas and being Lots 8 & 9, Block 22, Ryan and Pruitt Addition, Tarrant County, Texas, according to the Plat recorded at Volume 204, Page 34, Plat Records, Tarrant County, Texas and being more particularly descnbed in that certain General Warranty Deed dated January 2, 1981 from Pamex Foods, Inc., a Delaware Corporation, acting herein by and through its duly authorized officers; and Bennie Cardona to the City of Fort Worth, a municipal corporation as recorded in Volume 7057, Page 1112, Official Public Records, Tarrant County,Texas; Tract 2: 0.2847 acres, more or less, being a called 0.1435 acres situated in the Lydia Jane Warwick Survey, Abstract No. 1663,Tarrant County,Texas and being Lot 10,Block 22, Ryan and Pruitt Addition, Tarrant County, Texas,according to the Plat recorded at Volume 204,Page 34,Plat Records,Tarrant County,Texas and being more particularly described in that certain Final Judgment dated January 3, 1984 styled as"City of Fort Worth vs.David Rubin ET AL", Cause No. 153-65094-81, Condemnation Proceedings in the District Court of Tarrant County, Texas, 153rd Judicial District as recorded in Volume 7776, Page 628, Official Public Records, Tarrant County, Texas; Tract 3:0.2491 acres,more or less,being situated in the Lydia Jane Warwick Survey,Abstract No. 1663,Tarrant County,Texas and being part of that certain 0.2847 acre tract more particularly described in that certain Quit-Claim Deed dated January 20, 1927 from J.W.Tidrick and wife,Mrs.J.W.Tidrick(former Sophia Rhaney)to City of Fort Worth, a municipal corporation as recorded in Volume 960, Page 160, Official Public Records, Tarrant County, Texas;LESS AND EXCEPT: 0.0356 acres, more or less, being a called 0.0287 acres situated in the Lydia Jane Warwick Survey, Abstract No. 1663, Tarrant County, Texas and being more particularly described in that certain Warranty Deed dated June 27, 1951 from the City of Fort Worth,a municipal corporation of Tarrant County,Texas, acting herein by and through its duly authorized Mayor, J.R. Edwards to Harold Teddlie as recorded in Volume 2340,Page 548,Official Public Records,Tarrant County,Texas; Tract 4: 0.3914 acres, more or less, being a called 0.3157 acres situated in the Lydia Jane Warwick Survey, Abstract No. 1663, Tarrant County, Texas and being a portion of Lot 13 and Lots 14 & 15, Block 18, Ryan and Pruitt Addition, Tarrant County, Texas, according to the Plat recorded at Volume 204, Page 34, Plat Records, Tarrant County,Texas and being more particularly described in that certain Quit-Claim Deed dated January 1, 1981 from Dairy Queen Stores, Inc., a Texas corporation, by and through its duly authorized officer, W.E. White, Executive Vice-President and Moses N. Barker and wife, Linda J. Barker(present Lessees and Sublessees of the hereinafter described property)to the City of Fort Worth,a municipal corporation as recorded in Volume 7054,Page 1468,Official Public Records,Tarrant County,Texas; (Berry Street/Grove Street) EOFFIMAL C RGETARYH TX RAn Eo: G.Kube 692 119 Ja"Or. 3 Fort Worth,7X 76137 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas WORTH 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 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) Orictinating 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 FoRT RTH 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.Cit�anager's Offices Fernando Costa (6122) Originating Department Head: Randle Harwood (6101) Additional Information Contact: Jean Petr(8367) http://apps.cfwnet.orgJcouncil nacket/mc review.asn?ID=14414&councildate=11/9/2010 �i10 1511 14 12 13 ■ ■ ■ i /e i ■ 3 2B is 19 5 , ■ 3B 6 17 17 18A 16 8 15 15 9 7A 14 10 ■ ■ ■ , 14 13 12 13 DEVITT ■