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Home My WebLink AboutContract 44778-A1 t;ITY SECWAW CONTRACT NO, FIRST AMENDMENT T FORT WORTH CITY SECIkETARY CONTRACT NO. 44778 - SUBSURFACE WEL BORE tJCEN` E AGREEMENT This FIRST AMENDMENT . , CITY SECRETARY CONTRACT . 44778 SUBSURFACE WELLBORE LICENSE AGREEMENT ("First Amendment"), is made and entered into by and between the CITY F FORT WORTH, a home--rule municipal corporation of the State of Texas (the "City"), acting, by and through its duly authorized Assistant City nager, and X O 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 wellborn across a designate 5 8 1.99-linear-foot portion of the subsurface of a City-owned property known as Meacham, Airport, tat agreement being Tort Worth City Secretary Contract No. 44778 (the "'Agreement"), w-rich is recorded as Instrument No. D2131242363 i n the Real Property Records of Tarrant County" and WHEREAS, physical conditions on site have made it unfeasible for Company to establish the we lhore crossing in accordance with the all,grnnent established in the Agreeme nt� and WHEREAS, the parties wish t o amend the Agreement to revise the alignment in a manner that will require the use of are additional. 16.54 liner feet of City property in exchange for an additional license fee ,n,t he amount of$814-60. NOW THERE FORE, City and Company do mutually covenant and agree as follows. That Fort Worth C ty Secretary Contract No. 44778 's hereby amcreed t delete � jjjbk N er t ret re s t with xhib t A-1, wh.eh attached t+ this s CORD . v in Its Fi ETAR RD �W ffi incorporated in the Agreement for all purposes as though it were set forth at length. no WORT"I T11 I �m FIRST ,AMEN FORT WORTH .CITY SECRETARY "ONTRAC`T'NO,44778 P � �RECEIVED NOV 19 2013 na 20 That on or prior to date onwhich thl's First Amendment is executed, Company shall pay the City an additional fee in the amount of Eight Hundred Fourteen Dollars and Sixty Cents C$8 14.60)' as compensation for Company's use of an additional 16.54 finear feet of the Subsurface Tract for the to of the Agreement with this additional, payment being considered 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 descn*bed 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 ftill, force and effect. EXECUTED on this the—0—1q4-day of 2013. CITY OF FORT WORTHWA: XTO ENERGY, INC, a Delaware Corporation By: el Pri nted Name C*A" li5- �Akll Fernando Costa Assistant City Manager T 1,t I e: �j 2 Approved as to Form and Legality* lolleel 01 Deny "c roy/ Assistant City ttomey L- Uy ............ d P. ()bilwes,AS*CitY offICIAL RECORD RD" cay semETARY FIRST AMENDMENTTO FORT WORTH CITYSECRETARY CONTRACT NO,44 778 TX I FT.WORTRITR IINn R ACKNOWLEDGEMENTS 'S THE STATE OF TEXAS § COUNTY O F, TEA.. NT, BEFORE ME, the undersigned, Notary Public, on this day personally Fem,an o Costs., Assistant City Manager of the City of Fort Worth a home-rule. corporation of the State of Texas,s, nown to me to be the person whose noes is subscribed to the foregoing instrument and, that he his executed the saw.e for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE th%Is 1 100!7 day of v0NIA DANIELS z7)j 01 PuUiC h N W m mwmlimNdWWO'xlnHro� 'M,5 01f)E#es MY cofnm [SEAL] July 3 2017 )7�tT L,1 Notary Public r State of Texas My Commission Expires,* -7--(0-V`-7 Print Nees of Notary Public Here THE STATE OF TEXAS § COUNTY OF TAR RANT BEFORE ME, the undersigned, a Notary Public, on this day personally appeared Edwin S. Ryan Jr., Sr Vice President,, Land Administration, on behalf of X T 01 Energy, Inc., a(n) Corporation,, known to :nee to be the person whose name is subscribed to the foregoing, instrument and'., that he ha,s execute: the saes for the purposes and consideration therein expressed. E.f V -" U E. Y HAND AND SEAL F OFFICE' this day of [SEA F..W S Notary Public in a� d for the UW,S� wa 13141 SM-1&Pku State of Mamh 05,2016 My Commission Ex ires., Print Name of Notary Public Here FIRST AMENDMENT TO FORT WOW`"H CITY SECRETARY CONTRACT NO.44778 Page 3 of ........... WTW Properties,Inc. D20734 7984 201 N.38th fat 5/8'IRF' e r�. d 599.581 ACRES OF A BILLED 826.90,43 ACRE MEACHAM LEASE d l"alra t A,Slime 2447 Inst,No.D195162760 Mpaichani Lease (XTO Energy n I James Wallace , ,„ TVD 1605 WD 5 ' . DISTANT War„hlnr ton Heights kldltlran Vol,20 Pq 72 38th St�reet ON 1010 TVD TM . _ a� William.B.Tucker,,Sr,. A-1516 a Called545,5361,acre I Slaughter!ji�hls Unit J II I i dl CROSSING MEACHAM AIRPORT FOR THE SLAUGHTER HEIGHTS NIT 2H WELL Alum Anderson A2 EXHIBIT11 " SUB SURFACE BORE I ENE AGREEMENT' XTO ENERGY INC. LEGEND September 12,21013 Propc'med,WeV(S1.), 0 TARRANT COUNTY,TEXAS The locaflon shown herean was slaked from,tract to I� - wrarm rwr r 1 �' lines i n occupation. t n r are rural intendedto,be defiritive in eslati4shing Istie P.lc B ttrr w rc rlon� .) mm the � E , S ihg& a ili ,Inc, a unlde.The a r g hown hereon Were r rtrt �r Iwa �cart��, Ha L.Joh Lyon ,associates �ar�t�t� others.� xlllr��"Jt&"�II �. State Plane Coordinates. 1810,West Goodwin Street FOR THE EXCLUSIVE USE OF Scaled d i tanc z Pleasanton,Texas 78064 XT ENERGY INCA ' Crafter:J,G. , Job,No.2957016 Mai No,SUBSURFACE ES MT REV C i No _r A4 t y Worth, Texas a I a, no Mayor and Councl I Co o n COUNCIL ACTION,: Approved on 10,17/2013 DATE: Monday, October 07, 2013 REFERENCE NO.: L-15627 LOG NAME. 06MEACHAM S1 —SURFACE,L/A AMEND 9 SUBJECT. Authorize Amendment to Subsurface Wellbore License Agreement with XTO Energy, Inc., Acroiss, City !caned Property Known as Meacham Airport to Increase the License Area by 1.6.54 Linear Feet in Exchange for Payment of an Additional License Fee in the Amount of$,814.6 COUNCIL DISTRICT 2) RE!COMM,ENDATI It is recommended that City Coun,c l 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. DIS C—USION* 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-1 5600. In connection with the execution of the License Agreement (City Secretary Contract 44778), XTO paid the City a license fee in the amount of$28,6613.01. (the City's standard is in the amount of$49.25 per—linear—foot fee for 581.991 linear feet), which was, distributed in accordance with the City 11 Is 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 1.1near feet). No surface use of the property will be granted. 'The property is located in COUNCIL DISTRICT 2, Mapsco 48T. FIS!CAL INFQRM ATIQINI: 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 (:E,.NTER .5IR C E_I V F n ou"IV eo! 6, IIQ FupdZAuounj&enterS FROM FundlAcgogunt/CentM P24Q 446. �� 25 446300 01,551250292.Qll 1, 407.30 Sp f r C Manager's ffi b +Fernando Costa 22 .bfflitted A,Originating Le rtmen Head: Randle Harwood 6 Additiona.1.1jiformation Con a D.J. Harrell 32 ATIA,CHMENIS 1. -E