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HomeMy WebLinkAboutContract 42596 RECORDED ELECTRONICALLY CITY SECRETARY CONTRACT NO. ID: D211278309 County: TARRANT Date: Nov. 16,2011 Time: 11:11 AM MEMORANDUM OF OIL AND GAS LEASE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § BE IT REMEMBERED that on the6J day of 0 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 tern 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 teday of 12011. LESSOR: LESSEE: CITY OF FORT WORTH XTO ENERGY INC. By:Fernando Costa By: Edwin S.Ryan,Jr. Title:Assistant City Manager 44Sr.Vice President—Land Administration p,�11 cY�4oF Foq��� b °0°°000 j' 4 ATTEST: �O°° °0% o 0 .00 O Omo City Secretary �� o° o�00 °0Q qICY 4' APPROVED AS TO FORM AND LEGALITY4g Contract huthorizatioa By � 111�• Assis ant ty Attorney Date 01 Date: OFFICIAL RECORD 11-22-11 A10:34 IN CITY SECRETARY 1 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 thereiinexpressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this � day of er 2011. [SEAL r Notary Public in and for the State of Texas 'M fir`= �.....M .. EVONIA DANIELS IJYCOMMISSIONEkvrh,,,c_ ;,R§ 2013 My Commission Expires: Jury 10, 7_/0-1(3 Print Name of Notary Public Here THE STATE OF TEXAS § COUNTY OF TARRANT § �1 BEFORE ME, the undersigned, a Notary Public, on this day personally appeared Law")S "�01) I of VA klq4 ovl"T>5 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. h (� GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of I I�i �� � ,2011. [SEAL JN- __�U_ , (t�'`(rlotary Public in and for the �.. State of ",CHQi:LA F.WILKE`' NOTARY PUBLIC STATE OF TEXA+ CGMMISSI0N EXPIRES. My Commission Expires; os-os-zoo z Print Name of Notary Public Here OFFICIAL RECORD CITY SECRETARY 2 FT.WORTH,TX EXHIBIT A 0.138 of an acre, more or less, of a called 0.017 of an acre, situated in the D. M. Helms Survey, A-812, Tarrant County, Texas, and being more particularly described in the following two(2)tracts: TRACT ONE: 0.085 of an acre, more or less, of a called 0.005 of an acre,being a portion of Lots 9, 10 and 11,Block 13,Brentwood Hills Addition,according to the Plat thereof recorded in Volume 388-15, Page 571, Plat Records, Tarrant County, Texas, and being more particularly described in that certain Warranty Deed dated September 6, 1972, from Lee H. Tannahill and wife, Sara Tannahill, and Bill J. Elliott and wife, Betty M. Elliott, to the City of Fort Worth, a municipal corporation,as recorded in Volume 5324, Page 255,Official Public Records,Tarrant County,Texas;and TRACT TWO: 0.053 of an acre, more or less,of a called 0.012 of an acre,being a portion of Lot 4, Block 19, Brentwood Hills Addition, according to the Plat thereof recorded in Volume 388-47,Page 46,Plat Records,Tarrant County,Texas,and being more particularly described in that certain Warranty Deed dated February 26, 1973, from C. Harold Brown, and Tri-City Buildings,Inc.,acting by and through J.Tom Shelton,its duly authorized President,to the City of Fort Worth,a municipal corporation,as recorded in Volume 5416,Page 592,Official Public Records,Tarrant County,Texas. (BRENTWOOD STAIR ROW) (BRIDGE STREET B UNIT) 3 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORT WORT 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 dedieated-pm-k 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 INFORMATIONICERTIFICATION: 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 11/22/2011