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HomeMy WebLinkAboutContract 42758 CITY SECRETARY CONTRACT NO. 41-19 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 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 they ay of 2011. ' LESSOR: LESSEE: I0 CITY OF FORT WORTH XTO ENERGY INC. By:Fernando Costa u-q� Edwin S.Ryan,Jr. Title:Assistant City Manager poO� o 114; Sr.Vice N esident- Land Administration ATTEST: 010 o0 �� o'Ad¢ 0X0. o d 0 D City Secreta ° oo°*gid 000000 .qY NO M&C REQUIRE a EXAoo41 t111u� APPROVED AS TO FORM AND LEGALITY: By: [��M V- )Z1�, Om� Assis ant City Attomey IF Date: - l 1 OFFICIAL RECORD CITY SECPF-TARY F7 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/V_//—day of •t~ "U 2011. [SE , =�.• t•:, kVONIAOANIcLS Notary Public in and for the my comms SSION EXP+�Es State of Texas duty t0,2W My Commission Expires: /d /3 Print Name of Notary Public Here THE STATE OF TEXAS § COUNTY OF TARRANT § G BEFORE p�ME, the undersigned, a Notary Public, on this day personally appeared GC�WiA S � 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. QQ /� GIVEN UNDER MY HAND AND SEAL OF OFFICE this 0� day of ky—r 2011. Q r „' otary Public in and for the L"11 . ES(1XiKG�-�SNtate OfXAS�w. COMMISSION EIIPIPE S: My Commission Tres: _ Print Name of Notary Public Here OFFICIAL RECORD 2 CITY SECRETARY FT.WORTH,TX Exhibit A Being a 3.7834 acre tract of land situated in the David Odum Survey, Abstract No. 1184, and the Mary Johnson Survey, Abstract No. 858, Tarrant County, Texas and being more particularly described as follows: BEGINNING at a 5/8"inch iron rod found for a southwest corner of a tract of land described in a deed to Meacham Hospitality, LLC. as recorded in County Clerk Document Number D208263217 (Public Records,Tarrant County,Texas)and being in the north right of way line of Meacham Boulevard; THENCE along the north right of way line of said Meacham Boulevard the following; South 89 degrees 15 minutes 28 seconds East,a distance of 262.35 feet to a 5/8"iron rod found for the southeast corner of the said Meacham Hospitality,Inc.tract; North 89 degrees 54 minutes 28 seconds East,a distance of 195.87 feet; North 88 degrees 23 minutes 24 seconds East,a distance of 77.35 feet; North 88 degrees 17 minutes 33 seconds East,a distance of 57.70 feet; South 89 degrees 24 minutes 38 seconds East,a distance of 152.17 feet; THENCE North 44 degrees 48 minutes 00 seconds East,a distance of 31.62 feet to a point in the west right of way line of Interstate Highway 35; THENCE South 89 degrees 59 minutes 35 seconds East, a distance of 199.25 feet to the centerline of said Interstate Highway 35; THENCE South 00 degrees 00 minutes 25 seconds West,along the centerline of said Interstate Highway 35,a distance of 158.50 feet to a point in the south right of way line of said Meacham Boulevard; THENCE along the south right of way line of said Meacham Boulevard the following; North 89 degrees 59 minutes 35 seconds West,a distance of 276.54 feet; North 89 degrees 16 minutes 00 seconds West,a distance of 150.00 feet; North 87 degrees 36 minutes 24 seconds West,a distance of 233.86 feet; North 89 degrees 13 minutes 07 seconds West,a distance of 297.72 feet; North 89 degrees 15 minutes 38 seconds West,a distance of 300.00 feet; THENCE North 00 degrees 00 minutes 00 seconds West, departing the south right of way line of said Meacham Boulevard,a distance of 120.69 feet to a point in the north right of way line of said Meacham Boulevard; THENCE South 89 degrees 18 minutes 41 seconds East, along the north right of way line of said Meacham Boulevard,a distance of 291.01 feet to the POINT OF BEGINNING,containing 3.7834 acres or 164,803 square feet of land,more or less. (MEACHAM BOULEVARD) 3 M&C Review Page 1 of 2 Offidal site of the City of Fort Worth,Texas CITY COUNCIL AGENDA Fo 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 Managers 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 dedlested•perk properties under five acres if opposition to conversion is expressed by citizens in the affected neighborhood or a Council Member requests such consideration. 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 Offlce by: Fernando Costa (6122) Originating Department Head: Susan Alanis (8180) Additional Information Contact: Jean Petr(8367) ATTACHMENTS