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HomeMy WebLinkAboutContract 44834�i � � i , � / 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 , 2013, a Paid Up Oil and Gas Lease was made and entered into by and between e 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 EXFIIBIT "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�(/�day of 2013. LESSOR: CITY OF FORT WORTH �L+'l�t a4 By: Fernando Costa Title: Assistant City Manager APPROVED AS TO FORM AND LEGALITY: << � ;, By: �l �,'.� t��=? �;�� .�-, i y'�,,;'�� Assistant City'Attorney � ,r ATTEST: City �_ � � f U � � .' _»7 ��C���E� ��P2�2�1� RECEIVEL� J�► 0 � �Oi�i �FFICIAL RECORD CIYY SECRETARIf ; � ��, 4�; � � �� /I � t• ACKNOWLEDGEMENT THE STATE OF TEXAS COiTNTY OF TARRAN'I' § § § BEFORE ME, the undersigned, a Notaiy 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 puiposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this�-� [SEAL r .- • Q'�+-C� Notaiy Public in and for the State of Texas ��"PY P(��i�� EVONIA DANIELS �_���� ��'= Notary Public, Stote of iexo: ` ��`V-= My Commission Expires My Commission Expires: � July l0, 2017 �/D —/ 7 Print Name of Notaiy Public Here LESSEE: XTO ENERGY INC. By. �f,�... �✓CS/-/�y� L�a.� Its: Sr. VicePiesident—LandAdiuinistrati�n � THE STATE OF TEXAS COLJ N'i'Y OF TARRANT ACKNOWLEDGEMENT § § § BEFORE ME, the undersigned, a Notary Public, on this day personally appeared Ed�vin S. l�.yan. .Tr. , 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. � -� �f � ; GNEN LTNDER MY HAND AND SEAL OF OFFICE this � day of ' t f�} ; f� , 2013. [SE ']��, � � � . ����;�� �� o�1 Nota Public in and for the t ry State of My Commission Expires: >�- M L_.' Print Name of Notary Public Here day o �� � 2013. ���'` , +� , - - ^.1. - - - <Cr_� . � , . EXHIBIT A 0.281 acres, more or less, located in the William Edwards Survey, A-471, Tarrant County, Texas, and being a portion of Lots 20, 21 and 22, Block 2, Scenery Hill Addition, according to the Plat recorded at Volume 800, Page 59 of the Plat Records of Tarrant County, Texas, and being more particularly described in that certain Quit Claim Deed dated January 20, 1927, from W. B. Martel and wife, Eva M. Martel, to The City of Fort Worth, as recorded at Volume 969, Page 37, Official Public Records, Tarrant County, Texas. (MARTEL AVE ROW II) M&C Review �... �' � r,� m �;; � j Page 1 of 2 C}�ficial sike of the t:ity af i�ort 4'Jprt3�, Texas ���� ������� �;,���:q��_�� �.�,>,���_���,�_N�,�=:,����-=�������a-,�:_...�,���.�����,�r,, ���:����.��.�_.�;>:�� ���.;�,�-w,� _�.:��� COUNCIL ACTION: Approved As Amended on 11/17/2009 - Amendment is Highlighted in Yellow �r��, k-����� ��; �� � ��� ��������-� �� �� ���,� _�-:��.: w� � . �k, � y �..�� � � -�� ��„��-�. � �-����� Y �--� DATE: CODE: 11 /17/2009 L REFERENCE NO.: L-14889 TYPE: NON-CONSENT LOG NAME: PUBLIC HEARING: 06ADMIN LEASES f�C�7 SUBJECT: Authorize Administrative Approval and Execution of Leases for Natural Gas Drilling Under City-Owned Properties of Five Acres or Less in Size ���,�,'*'���:. � ., -.... ... v . ..� ..,...,. '3�'"���4"`��`.�3".`��..%��='�M�. _ .... � ; .. ._.. r ""'.'�"'XSP��:�:�"-.-::3d'r.��.».✓`- _ .:�. .....�'x"��" 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 foltowed 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 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�acket/mc review.asp?ID=12668&councildate=ll/17/2009 5/31/2013 M&C Review : 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 bv: Originating Department Head: Additional Information Contact: ATTACHMENTS Fernando Costa (6122) Susan Alanis (8180) Jean Petr (8367) http://apps.cfwnet.org/council�acket/mc review.asp?ID=12668&councildate=ll/17/2009 Page 2 of 2 5/31/2013