HomeMy WebLinkAboutContract 42590 CITY
RECORDED ELECTRONICALLY CONTRACT NO.�
ID: D211278312
County: TARRANT
Date: Nov. 16, 2011 Time: 11:12 AM
MEMORANDUM OF OIL AND GAS LEASE
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
BE IT REMEMBERED that on th day of 2011, 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 adof y�
. 2011.
LESSOR: LESSEE:
CITY OF FORT WORTH XTO ENERGY INC.
By:Fernando CostaEdwin S.Ryan,Jr.
Title:Assistant City Manager Sr.Vice President—Land Administ anon
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City Secret °°oo°oou°°o �ycZ'ontract Authorization
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APPROVED AS TO FORM AND LEGALITY: Date
By: (
Assistant Citq Attorney
Date:
OFFICIAL RECORD
1 CITY SECRETARY
11-22-11 A10:34 IN FT.WORTH,TX
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 AL 2011.
[SEAL
Notary Public in and for the z o;
State of Texas GONIA DANIELS
MY COMMISSION EXPIRES
J"Y 10
My Commi Sion Expires:
,Q—,(3 Print Name of Notary Public Here
THE STATE OF TEXAS §
COUNTY OF TARRANT §
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�� �� n) FO the, undersigned, a Notary Public, on this day personally appeared
66 In J Lj'%' t JI(0-44 YtUir) IU/7 0101 on behalf of XTO Energy,Inc.,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.
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GIVEN UNDER MY HAND AND SEAL OF OFFICE this T_day of V 2011.
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Y&"Otary
Public in and for the`` r'HA.'I_P.F.'WILKES
State of '�'^( TAR4 2LIC STATE OF TEXAS
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My Commission Expires:
- JQL Print Name of Notary Public Here
OFFICIAL RL(;URD
CITY SECRETARY
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EXHIBIT A
0.406 of an acre, more or less,being a called 0.04 of an acre, situated in the Joshua N. Ellis Survey,A-
463,Tarrant County,Texas,and being more particularly described in the following three(3)tracts:
TRACT 1: 0.059 of an acre,more or less,being a called 0.002 of an acre,being a portion of Lots 1 and
2, Block 20, Fairmount Addition, an Addition to the City of Fort Worth, Tarrant County, Texas,
according to the Plat thereof recorded in Volume 63,Page 25, Plat Records,Tarrant County, Texas and
being more particularly described in that certain Warranty Deed, dated June 30, 1965 from Alta D.
Mosier, a feme sole to the City of Fort Worth, as recorded in Volume 4116, Page 192, Official Public
Records,Tarrant County,Texas;
TRACT 2: 0.037 of an acre,more or less,being a called 0.003 of an acre,being a portion of Lots 3 and
4, Block 20, Fairmount Addition, an Addition to the City of Fort Worth, Tarrant County, Texas,
according to the Plat thereof recorded in Volume 63,Page 25,Plat Records,Tarrant County,Texas,and
being more particularly described in that certain Warranty Deed, dated June 7, 1965 from Albert K.
Kyser, Jr., to the City of Fort Worth, as recorded in Volume 4094, Page 5, Official Public Records,
Tarrant County,Texas;and
TRACT 3: 0.310 of an acre,more or less,being a called 0.035 of an acre, being a portion of Lots 5
through 20,Block 20,Fairmount Addition,an Addition to the City of Fort Worth,Tarrant County,Texas,
according to the Plat thereof recorded in Volume 63, Page 25,Plat Records,Tarrant County,Texas,and
being more particularly described in that certain Warranty Deed,dated June 8, 1965 from Food Mart,Inc.
to the City of Fort Worth, as recorded in Volume 4104, Page 602, Official Public Records, Tarrant
County,Texas.
(EIGHTH AVE ROW VII)
(PAGE ST D UNIT
3
M&C Review Page 1 of 2
Official site of the pity of Fort Worth,Texas
CITY COUNCIL GENDA FORT TN
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
elediented park properties under five acres if opposition to conversion is expressed by citizens in the
affected neighborhood or a Council Member requests such consideration.
http://apps.cfwnet.org/council_packet/mc review.asp?ID=12668&councildate=11/17/2009 11/22/2011
M&C Review Page 2 of 2
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 Office by; Fernando Costa (6122)
Originating Department Head: Susan Alanis (8180)
Additional Information Contact: Jean Petr(8367)
ATTACHMENTS
http://apps.cf\vnet.org/council_packet/mc review.asp?ID=12668&councildate==11/17/2009 11/22/2011