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Home My WebLink AboutContract 44778-A1 (2)CITY SECRETARY CONTRACT NO. 1-MLY I FIRST AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 44778 - SUBSURFACE WELLBORE LICENSE AGREEMENT This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 44778 - SUBSURFACE WELLBORE LICENSE AGREEMENT ("First Amendment") is made and entered into by and between the CITY OF FORT WORTH, a home -rule municipal corporation of the State of Texas (the "City"), acting by and through its duly authorized Assistant City Manager, and XTO ENERGY, INC., a Delaware corporation (the "Company"), acting by and through Senior Vice President, Land Administration. RECITALS WHEREAS, City and Company entered into an agreement allowing Company to drill a single wellbore across a designated 581.99-linear-foot portion of the subsurface of a City -owned property known as Meacham Airport, that agreement being Fort Worth City Secretary Contract No. 44778 (the "Agreement"), which is recorded as Instrument No. D213242363 in the Real Property Records of Tarrant County; and WHEREAS, physical conditions on site have made it unfeasible for Company to establish the wellbore crossing in accordance with the alignment established in the Agreement; and WHEREAS, the parties wish to amend the Agreement to revise the alignment in a manner that will require the use of an additional 16.54 linear feet of City property in exchange for an additional license fee in the amount of $814.60. NOW THEREFORE, City and Company do mutually covenant and agree as follows: 1. m cIv That Fort Worth City Secretary Contract No. 44778 is hereby amended to delete Exhibit - — gc in its entirety and replace it with Exhibit A-1, which is attached to this Fi *Fin1R CORD 'zcz' incorporated in the Agreement for all purposes as though it were set forth at length. CITY SECRETARY FT. WORTH, TX RECEIVED N0V 9 FIRST AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO 44778 Pag1e I of 3 13 20 2. That on or prior to date on which this First Amendment is executed, Company shall pay the City an additional fee in the amount of Eight Hundred Fourteen Dollars and Sixty Cents ($814.60) as compensation for Company's use of an additional 16.54 linear feet of the Subsurface Tract for the term of the Agreement with this additional payment being considered part of the License Fee as that term is used in the Agreement. And that Company hereby acknowledges and agrees that the amount of this additional portion of the License Fee is non-refundable and constitutes just and reasonable compensation to the City for Company's use of an additional portion of the Subsurface Tract as described in this First Amendment. 3. That all other provisions of Fort Worth City Secretary Contract No. 44778 that are not expressly amended herein shall remain in full force and effect. EXECUTED on this the CITY OF FORT WORTH: Fernando Costa Assistant City Manager day of ifiON/91t-- . 2013. Approved as to Form and Legality: Denis l�Ic1 troy/ Assistant City ittorney M. C L-15--T 2 bY0 a Ronald P. Gonzales, MIS City Secretary XTO ENERGY, INC., a Delaware Corporation By: ce' Printed Name: ...i ' . Title: Sn 00- 1.-444.14 Ind CC��rrt "ya FIRST AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 44778 OFFICIAL RECORD CITY SECRETARY FT. WORTRI2TH 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 4,tajyj,, , 2013. [SEAL] My Commission Expires: 7--(O-/7 THE STATE OF TEXAS COUNTY OF TARRANT Notary Public in State of Texas 2110 41 'A 3ia-Ari S Print Name of Notary Public Here BEFORE ME, the undersigned, a Notary Public, on this day personally appeared Edwin S. Ryan Jr., Sr Vice President, Land Administration, on behalf of XTO Energy, Inc., a(n) Corporation, 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. U15E,ILUND4E1MY HAND AND SEAL OF OFFICE thisday of "11- VCC,2013. [SEA CHARLA F. WILKES Notary Pubic, Staten( Texas My Carnmissbn Expires March 05.2016 My Commission Expires: I Notary Public in and for the State of avla Ices Print Name of Notary Public Here FIRST AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 44778 Page 3 of 3 WTW Properties, Inc. D207347984 201 N. 38th SL 5/8' IRF. TVD 5175.33' TMD 5278.00' / / • / / e0" 0 / / m . / / 0b 0. / ell , hc/ I LICENSE AREA • ///• // DISTANCE 599.581 ACRES OF A BILLED 826.9043 ACRE MEACHAM LEASE 1/2' IRF. Lot 1 BIk.3 Washington Heights Addition Vol. 204 Pg. 72 Cabinet A, Slide 2447 Inst. No. D195162760 Meacham Lease (XTO Energy Inc.) James Wallace A-1605 38th Street N 87`33'41E 525.98 26 2 19 16 4 17 5 16 6 15 14 13 12 16 CROSSING MEACHAM AIRPORT FOR THE SLAUGHTER HEIGHTS UNIT 2H WELL September 12, 2013 The location shown hereon was staked from tract lines as evidenced by occupation. Distances shown are not Intended to be definitive In establishing title boundaries. The acreage shown hereon were provided by others. Bearings are based on NAD 27 State Plane Coordinates. FOR THE EXCLUSIVE USE OF XTO ENERGY INC. Drafter: J.G.G. TVD 6455.03' TMO 6690.00' Called 545.5361 Acre Slaughter Heights Unit 0' I ` 200' LEGEND Proposed Well (SL) Q Proposed Penetration Point (PP) 0 Proposed Bottom Location (BL) • Existing Well ryc Scaled Distance Sc. Job No. 295706 William. B. Tucker, Sr. A-1516 Abraham Anderson A-21 EXHIBIT ' A' SUB SURFACE WELL BORE LICENSE AGREEMENT XTO ENERGY INC. TARRANT COUNTY, TEXAS SCALE: 1" = 200' From the Office of ELS Surveying & Mapping, Inc. / Harry L. Johnson & Associates 1810 West Goodwin Street Pleasanton, Texas 78064 Phone (830) 569-0015 Map No. SUBSURFACE ESMT REV City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/7/2013 DATE: Monday, October 07, 2013 REFERENCE NO.: L-15627 LOG NAME: 06MEACHAM SUB —SURFACE L/A AMEND SUBJECT: Authorize Amendment to Subsurface Wellbore License Agreement with XTO Energy, Inc., Across City —Owned Property Known as Meacham Airport to Increase the License Area by 16.54 Linear Feet in Exchange for Payment of an Additional License Fee in the Amount of $814.60 (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that City Council authorize the amendment to the subsurface Wellbore License Agreement with XTO Energy, Inc., across city —owned property known as Meacham Airport to increase the license area by 16.54 linear feet in exchange for payment of an additional license fee in the amount of $814.60. DISCUSSION: On August 20, 2013, the City Council approved a subsurface Wellbore License Agreement with XTO Energy, Inc. (XTO), for a 20—year term to allow the crossing of one wellbore pipe from the Slaughter Heights 2H well across the Meacham unit to XTO's Slaughter Heights unit in order to develop the minerals in the Slaughter Heights unit (M&C L-15609). In connection with the execution of the License Agreement (City Secretary Contract 44778), XTO paid the City a license fee in the amount of $28,663.01 (the City's standard is in the amount of $49.25 per —linear —foot fee for 581.99 linear feet), which was distributed in accordance with the City's Financial Management Policy Statements. Physical conditions on site made it unfeasible for the company to establish the wellbore crossing in accordance with the originally proposed alignment. XTO contacted Staff requesting an Amendment to the Agreement to revise the alignment for the crossing. The new alignment will require the use of an additional 16.54 linear fee of City property and XTO has agreed to pay a license fee in the amount of $814.60 for use of the additional City property ($49.25 per —linear —foot fee for 16.54 linear feet). No surface use of the property will be granted. The property is located in COUNCIL DISTRICT 2, Mapsco 48T. FISCAL INFORMATION: The Financial Management Services Director certifies that the Planning and Development Department is responsible for the collection and deposit of funds due the City under this Agreement. FUND CENTERS: \ C C E I M 'fl�,.j ; �� M1') TO Fund/Account/Centers P240 446300 551929990100 T125 446300 055125099901 CERTIFICATIONS: Submitted for Citv Manager's Office bv : Originating Department Head: Additional Information Contact: ATTACHMENTS FROM Fund/Account/Centers $407.30 $407.30 1. AMEND SH PROPOSED ROUTE MAP.ndf Fernando Costa (6122) Randle Harwood (6101) Jean Petr (8367) D.J. Harrell (8032)