Gas Lease Information for Stone Meadow Residents
This page will contain all current and future communication regarding the Mineral Rights leases offered in our neighborhood. To keep up-to-date, please visit this page periodically to get the latest information.
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October 1, 2009
Stone Meadow Website users --
This is an update to last year's Gas Lease signing. As you have probably read in the news, natural gas prices are at their lowest rates in years. The rig count in Tarrant County is down by 3/4 and the signing bonus price per acre has dropped to the $2,000 per acre range. I say this to you because we have 2 years left on our leases before renegotiating, if production does not begin. No longer are Gas Companies paying what they paid during last summer's signing. The well that will reach underneath our neighborhood was drilled last year but fracking of the shale has yet to begin. Once the well is fracked & gas is removed, roughly 3 months after that we should see the first royalty payments.
Thank you all for your patience & understanding. Keep your eye on those gas futures and hope that they go above $7.00 per 1,000 cubic feet (ccf)!
Tiffany Wise
Stone Meadow HOA
July 19, 2008
Dear Stone Meadow Homeowners:
The day has finally come! Your Gas Lease Committee has successfully negotiated a lease of our minerals to Chesapeake. For the past 18 months, the Committee has looked at over 20 different leases with the goal of not only protecting the neighborhood, but negotiating the best deal possible. I am very pleased to announce that those of you who wish to follow the recommendation of the Stone Meadow H.O.A. Gas Lease Committee will be able to sign your lease AND receive your check next Friday, July 25th, or Saturday, July 26th. Hallmark Baptist Church has opened it's doors to our residents to meet with Dale Resources (on behalf of Chesapeake) to have an official "lease signing" meeting at the following times:
Friday, July 25th, 3-7pm
Saturday, July 26th, 2-4pm
For those of you who are out of town homeowners, please contact Dale Resources at (817) 451-5353 and speak with Joseph Hayden. Now for the details! Signing Bonus = $20,000 per acre with 25% royalty. Our contract states that the signing bonus is calculated on your lot to the middle of the street so this calculation will be an approximate "ballpark" figure to give you an idea of your check amount. Take the tax records acreage percentage of your lot and multiply it by $20,000.00. For example, if your lot is .14 acre x $20,000 = $2,800.00 signing bonus. If your lot is .3 acre x $20,000 = $6,000.00 signing bonus, etc. The negotiated 25% royalty will be paid once the well is producing.
Representatives of Dale Resources will be on hand on July 25-26 at the designated times to answer any and all questions. On Saturday, July 26th, at 6pm Dale Resources is hosting a catered Stone Meadow H.O.A. social event to celebrate the lease signing.
Location = Stone Meadow Park
Food = Catering by Cousins BBQ
Soft drinks & water provided
For those of you who want to review the gas lease, it is attached. If you have questions, please reply to this e-mail & the committee will do our best to post answers to your questions on the www.stonemeadow.net website by Thursday of next week. Our goal is that everyone is as comfortable as we are with the lease terms and process, and that the Friday/Saturday meetings go smoothly.
On Saturday, bring your chairs and/or a blanket to sit on. Don't forget the sunscreen & bug spray :)
Sincerely,
Stone Meadow Gas Lease Committee
Gas Lease Update 5/15/08
We would like to update everyone on the status of our gas lease negotiations. As you know, we have recently joined forces with several more communities. Our group now includes Meadows of CandleRidge, Summer Creek Meadows, Ridgeview Estates, Trail Lake Estates, CandleRidge West, Stone Meadow and Villages of Sunset Point. If you know any unsigned homeowners in other subdivisions west of Hulen in our vicinity, please let them know about our group and get them in touch with us.
All told, we represent over 1,000 households so we have much more negotiating power than if we went as a single community. We have chosen the name of Hulen West for our alliance.
Right now, the group has several signed letters of intent to lease. We are awaiting responses and negotiations continue. While we are aiming to get as much in bonus and royalties as possible we also have to keep in mind other important considerations. A good lease should include noise, environmental, and address other terms, conditions and language to make sure that we are protected and not losing our royalties to other costs or giving the companies other rights to our interests they do not need to produce a well in the Barnett Shale.
We will continue to provide you updates along the way. Once negotiations are completed, we will notify everyone on HOA letterhead or from your respective area's Point of Contact. We will arrange a series of signing parties so that everyone can attend and sign their individual leases. It is important that you attend one of these signing parties if you want the terms and conditions of the lease negotiated by our committee. If you have a conflict or are unable to attend, let us know. We will pursue arrangements to get the lease to you. DO NOT sign a lease at your home or outside of our announced locations and times. Some landmen have been known to bring a substandard lease and represent it as the final negotiated lease.
As we continue to negotiate, Companies will present leases and continue to hold area signing parties that are misleading to you and your neighbors. Please be aware of these tactics and help us keep our neighborhoods informed.
If you have any questions, please notify your area representative(s) through their website or e-mail.
Thanks to everyone for your patience as we work towards making this lease the best that we can for our communities.
The Hulen West Alliance Committee
March 10, 2008
Stone Meadow Homeowners,
Many of you have been very patient with our gas lease committee, and I
personally want to "THANK YOU!!!" Now it's time to tell you what has been
happening and why we were quiet for so long.
Back in November, a member of Meritage's VP team contacted me about selling
the minerals to Potestas. Meritage had already sold their interests in the
shale under Stone Crossing (across Hulen). They wanted to do the same with
our common areas. At that time we were watching the bonus amounts go up
simply because we had access to the comparables being paid all over the
city. I stated that selling would not be in the best interest of the
neighborhood and we agreed to talk it over at lunch sometime later in
December. That meeting was scheduled but then cancelled by the Meritage
representative, so it never took place.
On December 27, 2007, a sale of the common area minerals took place between
Meritage and Terra Capitol LLC (Potestas) and Hill and Hill Production Co.
They paid $15,000 per acre for a total check of $107,000 payable to our
H.O.A. (**Note: this sale was not in the best interest of our H.O.A. as
the amount was substantially under market for a sale, no future
renegotiations would occur AND no royalties would be paid since it was an
out right sale rather than a lease.) Once the committee found out this had
happened, we immediately sent many e-mails & phone calls to the leadership
of Meritage condemning this action. During these communications, Meritage
stated they thought they were doing the right thing for our neighborhood.
Our stance was,"... why didn't you ask us?" After much back and forth, it
was determined that the sale was legally binding and final.
The H.O.A. then made a decision to pursue litigation against both parties,
mainly Meritage, for failure to have a fiduciary duty to our neighborhood.
In order to do that, we had to have control of the Board. That is why we
moved so quickly to have a transition meeting so we would have control of
the finances to procure the attorney. Our intention was apparently
mentioned to Chesapeake and its land men, who were in the process of
buying Potestas' interests in the shale (all of the leases previously
signed with Potestas). Our plan for litigation prompted Chesapeake to
advise Potestas they would not purchase their mineral interests if any of
it was under litigation or threat of litigation. This position caused
Potestas to call Meritage and rescind the sale, which is an extremely rare
occurrence!
Now that we are a full fledged Homeowners Association, our plans are to
sign the Rescission and Release of Mineral Deed, and once again control
what is ours. Once accepted, we will begin dialogue with Chesapeake for the
lease of minerals for the entire neighborhood (those not previously leased
or sold), which includes over 120 acres.
For those of you who already signed with Potestas, I'm sorry to say the
deal you signed is the deal you will receive. For those of you who have
signed with Dale Property representing Chesapeake, there MAY be a new deal
for you (there is absolutely no guarantee implied with this statement),
once we work the details with Dale/Chesapeake. At this date and time, we
still advise you NOT to sign a gas lease individually.
I hope you all understand how hard our committee has worked in your best
interests these past few months. I am VERY proud to serve this neighborhood
with the committed volunteers currently in place. There are still positions
open for those homeowners who wish to have a say in how their neighborhood
will be managed. The Landscape, Architectural Control, Pool and Social
Committees need talented people who care and are willing to follow through
on their commitment.
I was asked a great question the night of our transition meeting. "After
this year in office, what two goals will you look back on and have
accomplished?"
Goal #1: I want the neighborhood to be self sufficient. I want every
homeowner to know where to go to solve whatever issue they have whether
that is barking dogs, loud music, parking long term in the street,
basketball goals, tall weeds, dead trees or deterring unappealing/unsafe
actions in our beautiful neighborhood. There are ways and means currently
in place to solve these issues. And we will work to expand those ways and
means to become more effective. I encourage you to consider any complaint
you may have and offer suggestions for resolution at the same time.
Goal #2: I want the per square foot price, in value, to increase for all of
our homes. The way to accomplish that is to make our neighborhood more
desirable, simply put.
We will soon announce a general meeting of the neighborhood along with the
newly voted H.O.A Board of Directors and Officers. I hope you will make
plans to attend. As always, we are open to hear what you enjoy about your
neighborhood.
Jon Wise
Stone Meadow HOA
January 15, 2008
Dear Stone Meadow Homeowners --
There is an article in today's Star Telegram that you need to read, if you haven't already done so:
http://www.star-telegram.com/business/story/399295.html
This latest gas lease deal was done with our neighbors immediately to the east of us (Sycamore School Road on the north, Risinger Road on the south, McCart Avenue on the east and South Hulen on the west). This article clearly supports why our neighborhood has NOT signed a Gas Lease to date. Do you understand how our bargaining power will continue to be strong if we stay united? You cannot deny the huge sums of money that would have been left "on the table" if we'd agreed to one of the previous offers.
As of yesterday, I learned that Potestas/Hill Mineral Group has attempted to sneak into a deal to purchase the Stone Meadow H.O.A. common area mineral rights from Meritage, at a far below market price. Don't think they won't be more than willing to continue to offer you a below-market price if you negotiate with them independently.
Updates will continue to be sent as we have more information to share.
Stone Meadow Gas Lease Committee
December 6, 2007
Stone Meadow Homeowners,
If you have not had a chance to visit Jim Fuquay's blog in a while, I suggest you do. Here is the web address:
http://startelegram.typepad.com/barnett_shale/
Those neighborhoods that have banded together have struck it rich! The more homes that come into the negotiations the more the gas companies are willing to pay. Read about the highest bonus paid to date to an Arlington group.
We are working with 2 other neighborhoods to increase our numbers, both in acreage and rooftops. This takes time. Please be patient. I don't see us agreeing to a lease until after Christmas. If you happen to feel the need to sign with somebody before Christmas to receive extra money, YOU WILL LEAVE MONEY ON THE TABLE!!! It's your choice. If you sign with a company, there is no guarantee that you will receive extra money when the whole neighborhood signs.
Our recommendation is still not to sign at this time. Please ignore the phone calls, postcards and letters. It's not time!
Stone Meadow Gas Lease Committee
Question from a Stone Meadow resident sent to Jon Wise 10/30/07:
I received a postcard on the mail today (which I'm sure was also sent to other home owners in Stone Meadow) from Dale Property Services announcing a signing meeting on Wednesdays October 31, November 7 and November 14 from 5 PM - 7 PM at Grace Lutheran Church, McCart Ave. What is the position of the Gas Committee regarding this offer? Is this not too cheap of an offer considering that other neighborhoods around Fort Worth are getting offers of 15,000 as in the case of Ryan Place, Berkeley Place and Mistletoe Heights and some other extras like 75,000 community donations and measurements from the middle of the street or alley? Also, Dalworthington Gardens and Enchanted Gardens are getting even more, $15,311. Chesapeake is involve in all these offers and why is Dale Property who is representing Chesapeake only offering us only 5,000? Has the committee considered opening talks with Chesapeake's Four Seven instead of Dale Property and XTO's Fort Worth Energy. It seems XTO is more generous on their offers compared to Chesapeake, that is why they (Chesapeake) ended up chasing XTO's offers in the neighborhoods mentioned above. Is it possible for the committee to establish a communication with XTO?
You also mentioned that the committee is in negotiation with Potestas and I was wondering why did they set the signing meeting before the completion of the negotiation? That is totally unacceptable, out of professional ethics. That in itself is total disregard and disrespect of our association and should be brought to their attention.
Do the Gas Committe have any idea as to how many of our neighbors signed on those days? Please e-mail us on the progress of the committee's negotiation.
Thanks,
Stone Meadow Resident (name withheld)
_____ _______ _______ _______
Great questions,
Our position, at this time, is to ignore their offer. We are in communications with the Area Director for Dale and he is working with us to change the verbiage of the lease to put more money in our pocket. It's not their best offer. Why did they send this postcard? They want to sign UNEDUCATED homeowners who need money, plain and simple!
We made numerous attempts to contact XTO directly to ensure they were planning to drill with Potestas and they we not receptive to our requests for info.
Potestas set numerous signing dates for Stone Meadow because "they state" they were contacted by our residents. Potestas realized there is a new player in the field, Dale, and they are worried the neighborhood will be divided.
EVERY HOMEOWNER THAT SIGNS BEFORE IT'S TIME, HINDERS THE NEGOTIATIONS BETWEEN THE GAS COMPANIES AND THE NEIGHBORHOOD!
Read the website, we brought it to their attention.
Thanks for your great questions, I hope I answered them.
Jon
October 25, 2007
Good morning Homeowners,
This is a VERY IMPORTANT message. Please read immediately. Once again, Potestas is showing us how desperately they want our mineral rights. Wednesday afternoon, many of you received a flyer on your door advertising a signing meeting at Christ Lutheran Church (one meeting tonight & another this Saturday). They are willing to give you a check today to lease your mineral rights. What they won't tell you is that the lease you will be signing has NOT BEEN APPROVED BY YOUR GAS LEASE COMMITTEE!! Regardless of the money you will receive, if the lease is not written properly you will not receive the going market rate for your minerals. As a matter of fact, if the wording is not just right YOU will actually pay THEM, out of your royalty money, to ship the gas through a third party pipe for processing. That is only one item that we are working on your behalf to correct. There are roughly 13 other items we are working on in the lease language to correct.
No matter what is said tonight, this has not been approved by the Stone Meadow Gas Lease Committee, which was set up to protect yours and the H.O.A.'s best interests.
Personally, I plan to attend the meeting, however, I fully expect them to not allow any of the gas lease committee members into the meeting. This is where we need your help. If you plan to go, simply ask John Hill or Bart Humphery or Mark Averitt or Liz Fowler or Austin Hill (representatives of Potestas and/or Hill Mineral Group) if this lease has been approved by our committee. Any answer other than "NO" will be a straight out lie.
It is not yet time to sign your mineral rights away! I realize that the lure of this payment is important, and needed by many of our residents. You will be leaving money on the table if you sign now. Your Gas Lease Committee has worked tirelessly for months & months to negotiate THE best deal possible. As it stands, Potestas offer has increased from a measly $100 signing bonus to the current $5,000 per acre signing bonus. We have also succeeded in modifying the wording of our gas lease to not be responsible for the 3rd party pipe transportation. See what our efforts have done thus far?? This is why it is so critical that we operate together in these negotiations.
Please check back with the website often as that is how we are communicating with up to the minute news. www.stonemeadow.net.
By the way, if you have a teenage son or daughter, have them show up at my house to earn $20 (cash) handing out flyers to the neighborhood! Thursday 4:00- 8417 Rock Canyon CT. Speak with Tiffany, my wife.
Thank you for your patience,
Jon Wise, Stone Meadow H.O.A.
Star-Telegram Reporter Jim Fuquay's Blog: Really good reading and information.
October 22, 2007
Stone Meadow Homeowners,
Many of you will once again receive a letter from Potestas and a lease offer for your minerals. You may also have received an offer from Dale Resources representing Chesapeake. We now have competition for our minerals. This is good for EVERYBODY in Stone Meadow.
We will have a meeting with Dale Resources as soon as they have agreed to our wording in the lease agreement. The reason this wording is so important is so the royalty paid to each homeowner will be exactly what is promised. No third party transportation costs should EVER come out of our royalty. If the well shuts down we should still be paid a small amount to encourage the driller to start the well up again. We will have a 3 year lease with a 2 year option to re-lease with the new bonus at the market value in 2010 not what was paid to us in 2007. Subordination costs should be reimbursed to the homeowner. These are just a few of the items that we have negotiated on your behalf
Our Gas Lease committee briefly discussed a community lease amongst ourselves, but Excel Mgmt felt that their involvement to disperse the funds to each homeowner would create an unneeded expense for the neighborhood. Potestas realizes if they have to cut the checks it will dip into their profit. If the well shuts down for whatever reason and Potestas has to mail us our shut-in royalty, it again will cut into their profits in the form of stamps, envelopes, and man hours mailing our royalty payment.. That is why we have gone back and forth with Bart Humphery and John Hill and their lease wording many times. We are very near the end of the wording negotiations. Next comes determining the market value of your minerals.
Our website contains a link to Star-Telegram's Senior Editor Jim Fuquay's blog. His blog mentions what other neighborhoods are receiving for their minerals per acre.
IT'S A LOT MORE THAN $4000 AN ACRE.
Take a moment and visit it yourself.
Potestas is up against the ropes at this point. The last thing they want is competition. I again encourage you to wait. There is strength in numbers. We are a strong neighborhood and stand to profit from what is ours. Talk with your neighbors, make sure they are up to speed with this process. We plan to have a meeting and explain this process to you fully once the committee is comfortable with the lease wording and the bonus check is at market value.
Thank you for your patience,
Jon Wise
October 22, 2007
Q & A
For the gas lease offer, what is the primary term in your current negotiations, three or five years?
Three years with an option to re-sign for two more at the then current
market value or bonus.
What restrictions are written in the lease (drilling distance from homes,
noise restrictions ... )
The rig will be more than 1/2 mile away, so noise will not be an issue for
SM, neither will truck traffic. City Ordance requires rigs to be 600 ft
from a residence and since Potestats has 40 acres to drill on, south of
Columbus Trail and East of Cleburne, that will not be a problem.
What about our costs to enter the lease?
There is a Subordination cost that your mortgage company MAY charge you. At
this time Potestas has offered to reimburse the homeowner up to $250 for
this release.
Will we be required to supply a title search or obtain a subordination
agreement from our mortgage company at our cost?
Yes, title search will be conducted by Potestas, but you will need to touch
base with your motrtgage company and ask about a "Subordination release or
clause" Google this term for more details.
What new taxes and associated rates will we incur as a result of the
lease (e.g., severance, ad valorem)?
Not sure about this one, will have to check.
Does the agreement include provisions for a shut-in royality? What is the
shut-in period releasing the lease?
Yes, there is a shut-in royalty and we are still working on that detail as
well as the period. Once we finalize everyting we will present our findings
to the neighborhood and answer ALL of your questions. I hope this helps.
October 22, 2007 — New Neighborhood Lease Signing Bonus High: $15,311/Acre
The mayor and city council of Dalworthington Gardens talked three companies
into
bidding for their 76.1 acres and the citizens were kept in mind. They
accepted XTO Energy's
offer of a lease signing bonus of $15,311/acre, a lease royalty of 28% and
a 3% override on
any well site drilled on city owned acreage. It would appear the city will
receive a total 31%
royalty and overriding royalty on that portion in each drilling unit in
which the city owns an
interest.
XTO also agree that an offer of would be made to the citizens of
Dalworthington Gardens
that own minerals, the same lease signing bonus of $15,311/acre and a lease
royalty of
25%, if there minerals were within 5,000 feet of the XTO drill site.
The 2nd highest bid for the Dalworthington Gardens acreage was Chesapeake
Energy
who bid a lease signing bonus of $15,821/acre and a 27.5% royalty.
The new high lease signing bonus of $15,311/acre and a lease royalty of 25%
for
homeowners has already spread to Enchanted Gardens in southwest
Dalworthington
Gardens which was offered by Paloma Resources, LLC and accepted by
residents of the
subdivision Friday. See the full story inside in South Arlington
Dalworthington Gardens
Negotiates Best Lease To Date.
Further Research Accumulating About Re-fracturing The Barnett Shale
Last week we mentioned doing a research article on the refracturing of
Barnett
Shale gas wells showing that the future revenue of many gas wells can be 3? 5 times
more than the revenue estimate we prepared in our PBSN of October 15, 2007,
over
time through refracturing. We presented a case in a 2003 newsletter
concerning the refracturing of
vertical wells which will be part of this study but we are still
accumulating information from other
industry sources. We hope to have the project completed next week but did
not want
to just do a partial study.
Stephen G. Beck
Jefferies & Company, Inc.
520 Madison Avenue
New York, NY 10022-4213
Date: 10/10/2007 08:32AM
From: Chase Mulvehill
To: Jon Wise
Subject: FYI...XTO Pays Big for Barnett Lease
You probably remember that I work on Wall Street as an analyst covering the energy sector, and today this was released by our E&P analyst:
Urban warfare in Fort Worth Barnett...XTO (XTO, $63.08, Buy) and Chesapeake (CHK, $37.01, NC) continue to wage a turf war in Fort Worth. and it appears that XTO is winning another early battle, but it's not coming cheap. XTO agreed to pay $10,000/acre and 25% royalties to the landowners in the Mistletoe Heights neighborhood. Additionally, XTO agreed to satisfy 4 major neighborhood concerns: drill site location, truck traffic, noise and minimum distance for natural gas compressors. As a result, XTO will be drilling laterals of at least 6,000 feet, or about 2x as long as standard. Longer laterals likely to become more prevalent as companies work to satisfy local constituents...sb
Chase Mulvehill
Jefferies & Company, Inc
Equity Research
Phone: 212.284.2384
Friday, September 21, 2007
Water district leases oil and gas rights on 40 acres near Colonial
MAX B. BAKER Star-Telegram staff writer
FORT WORTH — The Tarrant Regional Water District scored a financial hole-in-one Tuesday when it agreed to lease its oil and gas rights on about 40 acres near Colonial Country Club to Chesapeake Exploration for $14,750 an acre. The land follows the Clear Fork channel of the Trinity River. Parts of it are near the 8 acres that Chesapeake owns near the club. That tract has been caught up in controversy because of the company's plans to remove old-growth trees and drill for natural gas there, next to the Trinity River trail, which is used by runners and cyclists.
Ken Brummett, the staff attorney for the water district, said the lease does not include surface rights, adding that Chesapeake "can't step foot on [the property] without our written approval."
Vic Henderson, president of the water district board, said residents should not be concerned about the lease.
"We do not have acres available for drilling purposes," he said.
As part of the deal, the district will get a $586,165 bonus check and 27.6 percent in royalties during the first three years of production.
Henderson and Brummett said the $14,750 per-acre price is what the country club got from Chesapeake for leasing its mineral rights. Julie Wilson, a Chesapeake spokeswoman, confirmed that the company leased mineral rights on 157 acres from Colonial but could not confirm the price.
In another mineral lease approved by the district Tuesday, XTO Energy agreed to pay about $17,000 an acre for about 134 acres near the northern end of Meacham Airport in north Fort Worth. This lease also does not include surface rights.
XTO agreed to pay a $2.3 million bonus and 25 percent in royalties for three years, reports indicate.
Friday, September 21, 2007
Neighborhoods reach lease deal
By JIM FUQUAY
Star-Telegram Staff Writer
FORT WORTH -- Representatives of the Berkeley Place and Ryan Place neighborhoods in south Fort Worth say they have come to terms with XTO Energy on a mineral-rights lease that incorporates residents' safety and quality-of-life concerns and could become a model for other neighborhoods in the area.
The lease has terms similar to one that Fort Worth-based XTO negotiated recently with the Tanglewood Neighborhood Association, including an unusually high bonus payment of $10,000 an acre, the highest yet paid on residential leases, and a 25 percent royalty. Tanglewood is an affluent area with about 550 homes in southwest Fort Worth.
XTO has already achieved a foothold in south Fort Worth with its purchase in August of thousands of leases from Fort Worth Energy. The new contract could make it the front-runner to lease the neighborhoods just south and southwest of downtown Fort Worth. Chesapeake Energy also has attempted to lease the area, but several neighborhood representatives said the company and its leasing agents were relatively inflexible in addressing neighborhood issues.
Neighborhood leaders in several of the communities in the past year had encouraged their residents not to sign leases individually but to wait until their associations negotiated a uniform and favorable contract. Although many commercial properties in the area have been leased and the Fairmount neighborhood in particular has seen a number of leases signed, leaders in several of the neighborhoods said they believed that few of their residents had signed.
"Our perspective is, if you choose to sign a lease, this is the one you should sign," said Dan Roberts, president of the Ryan Place Improvement Association. "It may not be the richest deal in Fort Worth, but it certainly is one of the best deals for residential drilling. The concerns we have are being met."
Principal among the Ryan Place and Berkeley concerns was the drill site. Fort Worth Energy plans to use a site east of Jennings Avenue and north of Page Avenue, in an industrial area, to reach those neighborhoods. The lease specifically excludes the use of a site between Eighth and Stanley avenues, land held by Four Sevens Resources, which leases in the area for Chesapeake.
Berkeley, Mistletoe Heights, Park Hill, Ryan Place, and University West are among about 10 neighborhood associations participating in the Joint Neighborhood Committee, formed this year with the aim of creating a standard lease that neighborhood associations can recommend to their residents. Together, the neighborhoods include more than 1,000 acres and about 4,800 homes, said Bill Hall, an organizer of the Joint Neighborhood Committee and president of the Park Hill Neighborhood Association.
Hall said there is no formal process by which the various neighborhoods will use the lease, but the plan is to make it available as a template that can be amended to address specific neighborhood goals.
Dub Stocker, president of Fort Worth Energy, said the agreement "shows the ability to respect the neighborhoods' concerns" while still developing a practical, economic lease. He said he expects the Ryan Place/Berkeley lease, "or something similar," to provide a framework for agreements with other neighborhoods.
Stocker said Fort Worth Energy and XTO could afford to sign a relatively generous lease "because they are bringing together very, very large tracts of land." In comparison, most residential properties in Tarrant County have been offered bonuses closer to $4,000 an acre.
Dan Freundlich, a member of Berkeley Place's lease-negotiating team, said the Tanglewood lease "broke open everything" for his group and the Ryan Place negotiators in their dealings with XTO. "Once we got that lease, it went fast," he said.
Bill Conley, the head of the Ryan Place leasing committee, said the Tanglewood lease, negotiated by Fort Worth attorney and Tanglewood resident David Palmer, included some particularly precise language regarding royalties and safety issues. He said the Ryan Place/Berkeley lease specifies which drill sites may and may not be used, and guarantees that drilling activities must be at least 600 feet from neighborhood properties, a figure that would rise if the city of Fort Worth increases its 600-foot separation rule.
The Ryan Place/Berkeley lease has a longer term than Tanglewood, four years versus three, but that was one of the compromises made to reach other conditions, Conley said.
Roberts said his group expects the lease, currently being prepared by XTO, to be mailed to residents by the end of the month. He expects other neighborhood associations to either adopt the lease for their own neighborhoods or use it with additions specifically tailored to a neighborhood, such as the location of drilling sites.
"The template has been completed. It's what each neighborhood in the coalition will use," he said.
Representatives of Four Sevens and Chesapeake could not be reached for comment.
Stocker said that although Chesapeake and XTO/Fort Worth Energy each now own leases in the area, he expects an agreement that allows drilling to go forward.
"Companies always, at the end, work out something, a swap or a participation," he said. "It'll get done. All the companies have too much money invested to walk away."
LEASE TERMS
Bonus: $10,000 an acre
Royalty: 25 percent
Term: 48 months
Restrictions: No drill site on Eighth Avenue or within 600 feet of a home site; no compressor within 1,000 feet of the Ryan Place Improvement Association boundary
Source: Ryan Place Improvement Association
|
August 28, 2007
-----Original Message-----
Date: 08/28/2007 09:48AM
From: GLEE423@charter.net
To: jonwise@kw.com
Subject: Star Telegram Articles/Gas Lease
Jon,
You have probably read these articles in the newspaper but I thought I
would send them to you anyway. You might want to put them on the website
or maybe not but I thought they were interesting.
Greg
Article #1: Gas deals' fine print can be costly, Mike Lee Star-Telegram staff writer
FORT WORTH — More than a year ago, homeowners in Oakhurst, a
middle-class neighborhood northeast of downtown, became some of the first
in the city to sign up for natural gas drilling. The landmen called it"mailbox money." By signing the leases, the property owners would get a
royalty check for the life of the gas well. Now, those homeowners are
learning about the fine print in natural gas leases. Before they can cash
their royalty checks, they have to get legal releases called subordination
agreements from their mortgage companies. And the mortgage companies are
asking for fees that amount to several years' worth of royalty payments.
Gas-company officials said the problem may affect every homeowner who has
signed a gas lease after reaching a mortgage agreement. That could include
thousands of people in Fort Worth.
Joe Walker, who has lived in Oakhurst two years, found out about the
paperwork requirement in mid-July when he got a letter from Chesapeake
Operating Co. He had about two weeks to get the paperwork processed or have
his royalty payments "suspended" by the gas company. Walker sent the
paperwork to his mortgage company, Countrywide Home Loans, and got a letter
back asking for a $500 fee. And, the letter said, even that $500 didn't
guarantee that the company would agree to sign the paperwork. He eventually
negotiated the fee down to $75, but the bank said in a letter that there's
no guarantee that it will approve the agreement. And the third-party
investor who has bought Walker's mortgage might impose other requirements,
according to the letter. Walker wondered why residents weren't told about
the need for subordination agreements when they signed the leases in 2006."Somebody should have been able to figure this out," he said in an
interview last week. "That would have given people a year and a half to get
this taken care of." Oakhurst resident Jann Miles got a letter from her
mortgage company, Washington Mutual, asking for $700 in fees, along with a
new survey of her property.
At least one bank, Colonial National, has refused to sign the subordination
agreements that Chesapeake sent out, although bank officials say they're
willing to work with Chesapeake and the homeowners. Enough residents were
concerned that they held a neighborhood meeting with an oil and gas lawyer
and Chesapeake representatives. Dale Resources, one of the pioneers in
inner-city gas leasing in Fort Worth, handled the original leases in
Oakhurst. Company President Larry Dale led VIP tours of the drill site,
near the Mercado Juarez restaurant on the west side of Interstate 35W, to
show how drilling could be done with minimal impact on the neighborhood,
which is east of the highway. Dale later sold the whole operation to
Chesapeake. A spokesman for Dale referred questions to Chesapeake. Julie
Wilson, Chesapeake's vice president for corporate development, said her
company wasn't involved in the leasing process. "It's hard for us to know
what they were told or what they weren't," she said. "I don't think there's
any misrepresentation on the part of any energy company or anybody signing
a minerals lease." Tim Malone, an oil and gas lawyer who spoke to
residents at their meeting last week, said part of the problem is that
urban gas drilling is so new. When a gas company leases mineral rights in
a rural area, it might need subordination agreements for only two or three
landowners. Chesapeake has about 600 leases with homeowners in Oakhurst."The logistics are just much more cumbersome," Malone said. Wilson, the
Chesapeake executive, said dealing with property owners who have mortgages
is a relatively new experience for the company. Until recently, most gas
exploration was done in rural areas, where land is more likely to be owned
outright. "We do realize now that there needs to be a better job of
telling people upfront," she said. "We're changing our language in the
leases and telling people that they have a responsibility to make sure they
get the subordination." Alan Hegi, a real estate lawyer who is president
of the real estate section for the Tarrant County Bar Association, said
it's important for homeowners to know what they're doing when they sign a
lease. "Do your homework," he said. "Oil and gas companies are trying to
sign up people for leases but they're not going to hold everybody's hands
through the process. [Homeowners] have got to have some ownership
responsibility."
Banks typically are cooperative, Hegi said. "That additional income to the
homeowner does mean that the homeowner will have an enhanced ability to
pay," he said. "I'd be surprised if lenders were refusing to give
permission. I'm not surprised if they're charging a fee; that's what
lenders do." The residents give Chesapeake credit for trying to resolve
the situation. Chesapeake agreed to pay residents for up to 90 days, even
if they had not processed the paperwork. And the gas company also offered a
simplified version of the paperwork, known as consent of lien holder. "I'm
not mad at Chesapeake, I think that the mortgage companies are trying to
make another dollar," Miles said. Miles' bank, Washington Mutual, did not
respond to three requests for comment this week. Nor did officials at
Walker's bank, Countrywide. Officials at Colonial, the bank that has not
signed any subordination agreements, said they're looking out for their
interests and customers' interests. But the company uses a different type
of subordination agreement, one that gives it the ability to take over the
gas lease if a homeowner defaults on a mortgage. Gas companies typically
don't want to get into the middle of a foreclosure. Joe Walker got a letter
from Countrywide Home Loans seeking $500 to process a subordination
agreement for his gas-lease deal.
mikelee@star-telegram.com Mike Lee, 817-390-7539
Article #2: Woodhaven neighborhood pools its gas-lease assets, By JIM FUQUAY, Star-Telegram Staff Writer
As Tarrant County neighborhoods grapple with how to best manage the issue
of mineral rights leasing, residents in Fort Worth's Woodhaven community
went with a novel approach: a community lease. It's a little-used
instrument that is designed to control how leasing and drilling takes place
in a neighborhood, while at the same time equalizing the signing bonuses
and royalties that accompany property owners' dealings with natural gas
producers. "You want everybody to sign the lease, and you want it to be
the best one," said Rick Disney, a lawyer and 21-year resident of
Woodhaven, east of downtown Fort Worth. The lease is not mandatory. In
Woodhaven's case, 849 of 904 single-family households signed the common
lease, along with 113 of 200 condominium owners, said Joe Epps, president
of Woodhaven Community Development Inc., the neighborhood's not-for-profit
economic-development arm that coordinated the leasing nearly three years
ago. Commercial properties, such as Woodhaven Country Club, signed their
own leases, he said.
Not the 'standard' lease
Woodhaven's community lease is not the same as the "standard" or "model"
lease being developed by the Joint Neighborhood Committee, which includes
several neighborhoods in south Fort Worth. That effort aims to create a
lease that reflects the concerns and interests of homeowners in those
neighborhoods and which can be offered to each homeowner as an alternative
to signing the energy company's own lease. In Woodhaven, there is a single
community lease with 962 signatures. Todd Liebl, district landman for
Chesapeake Energy, holder of Woodhaven's lease, said he's seen only one
other community lease in his 25 years as a landman. A landman works to
locate and obtain mineral-rights agreements from property owners. "It
sometimes is difficult for a community to work together to a point where
they're all comfortable with one lease," Liebl said. John Baen, a real
estate professor at the University of North Texas who also handles
mineral-rights leases, agreed with Liebl. "It all looks great on paper,
but there are a lot of dynamics" anytime a few hundred people are involved,
Baen said.
Not everyone signed
That was true at Woodhaven, where nearly 50 homeowners did not sign the
lease. One was Norm Bermes, who has lived in Woodhaven nearly 20 years.
Bermes said he liked the concept of a community lease but objected to the
fact that Woodhaven Community Development Inc. was paid for its organizing
efforts by Four Sevens Oil Co., which later sold the lease to Chesapeake.
According to Woodhaven Community Development's October 2005 newsletter, it
received $39,300 from Four Sevens in September that year. Epps said the
terms of the payment -- $300 per acre included in the community lease --
was fully disclosed at the time and the money is used only to promote
Woodhaven. Bermes said he also felt the terms could have been better. He
noted that recent leases have carried higher royalties and bonuses.
Woodhaven received a 22 percent royalty and a signing bonus based on $650
an acre, with a $250 minimum per home lot. That was good at the time, but
today, royalties in residential areas range from 20 percent to 25 percent
and bonus payments have escalated to $500 or more per lot.
'Continuous drilling'
Epps said the lease also included favorable terms. One is a "continuous
drilling" clause that requires Chesapeake to drill a new well at least
every 18 months. That prevents an operator who faces a large backlog of
undrilled leases from drilling one well to satisfy the lease deadline, and
then moving on to other leases. Woodhaven's royalties are also based on
the gross price of natural gas produced, with no deductions related to
treating the gas or piping it to market. Bermes said he eventually signed
a separate lease with Chesapeake for the same bonus and royalty as the
community lease. However, he will receive royalties only from wells in a
more limited area that includes his home. That illustrates the other big
difference of Woodhaven's lease. In a typical lease, a homeowner's property
is pooled with others to form a unit. The homeowners' royalties will come
only from the well or wells in their units. With the community lease, all
the homeowners, based on their lot size, split all the royalties from all
the wells on all the units in the lease. If 50 percent of the acreage in a
unit belongs to homeowners, then all the homeowners who signed the
community lease share 50 percent of the royalties from that unit,
regardless of where their homes are. Liebl compared Woodhaven's community
lease to a mutual fund. Property owners' returns depend on the entire
collection of wells in the lease, not any single well. Chesapeake
spokeswoman Mercedes Rey said that provision can make a difference in a
neighborhood the size of Woodhaven, which covers hundreds of acres of
residential and commercial property. "You could be all the way on the east
side and still benefit" from a well on the west side, Rey said.
Many small slices
So far, however, the benefit to Woodhaven homeowners has been minimal. The
first well drilled in the area is mostly under Woodhaven Country Club and
an apartment complex. Only 12 percent of the acreage in that unit belongs
to homeowners. Therefore, everybody in the community lease will split 12
percent of the 22 percent royalty from that one well. That slices a small
pie a lot of times. Epps joked that his share of the royalty for his
quarter-acre lot amounted to just $29 ---- and that was for nine months'
production, from August 2006 to April 2007. But from his perspective, "it's
free money," and he expects payments to rise as more wells are completed
and tied in to pipelines. Rey said Chesapeake's plans call for at least 18
wells on eight units. The company is drilling five wells from a drill site
west of Loop 820 and north of Interstate 30. It also completed a second
well in the same location as the initial well and recently started selling
gas from that well.
Jim Fuquay, 817-390-7552 , jfuquay@star-telegram.com
August 20, 2007
-----Original Message-----
Date: 08/19/2007 05:42PM
From: slrd02@yahoo.com
To: jonwise@kw.com
Subject: RE: Gas lease
Yes, you may. I apologize for the very late response. You know how busy work gets, and it has been furiously busy at work. Thanks for sharing this. Let me know what Chesapeake states as far as them being serious possibly in the future. They should know if there is any interest at all in this area or not. I know right now they have far bigger projects that they are trying to close.
Jon Wise <jonwise@kw.com> wrote:
Excellent!!!
Can I put this out to the neighborhood and on the website?
Jon
-----Original Message-----
Date: 08/11/2007 08:54PM
From: slrd02@yahoo.com
To: jonwise@kw.com
Subject: Re: Gas lease
From what I understand is that Chesapeake is buying out small gas energy producers because they are really big in the gas producing industry and they are serious and they are a reputable company. They have been in the gas industry for a very, very long time so they do not play around when they approach folks to sign a gas lease with them. Giving in to the small guy might hinder us rather than help. Eventually, Chesapeake will make their way to us and we can deal with Chesapeake not the small newly formed gas wannabe. Official Public Records, Tarrant County, shows Potestas just began to record gas leases as early as July 13, 2006 meaning they are a recently formed company. In fact they are a LEASING AGENT. Please notice the letter is signed by Mark Averitt, Project Manager and the letter states "project" A leasing agent's project is to SELL leases to an operating company. An operating company is the one that will be in charge of the drilling process and paying out royalty to lessors that sign gas leases with the operator. I'd rather wait for the Big Fish (Chesapeake) than the company who will in turn sell to Chesapeake. Remember the man who spoke at the meeting stated he would sell the leases to Chesapeake. There is more to say but too much to write so I hope this helps all.
Jon Wise <jonwise@kw.com> wrote:
Stone Meadow residents,
Many of you in Phase I have again received a letter from Potestas asking you to sign over your mineral rights to them. They mentioned an increase in the bonus money, which is a move in the right direction however, there is more to the story. As always you are free to exercise your rights as a homeowner and sign your rights away to them any time you wish. Your Gas Lease Committee feels this is still not the right time. Potestas still has NOT filed application with the city for a drilling rig to be placed near our neighborhood. The contract you will be signing is binding and without representation you may be giving more of your money away than you realize.
Potestas has begun the process of dividing our neighborhood. Think, if 3 other streets had received this letter besides you, would you want them to take the money and run? We are stronger if we act as a neighborhood and not street by street.
I encourage you to stay strong.
We have asked Chesapeake to make a presentation to our neighborhood as soon as they can. With as much business as they are dealing with, our small neighborhood is not very high on their priority. The Barnett Shale is NOT going to run out of natural gas, I assure you.
Please be patient.
Jon Wise
May 14, 2007
From: slrd02@yahoo.com
To: jonwise@kw.com
Subject: Re: Gas lease info
You are correct that no one should sign the lease nor sell their mineral rights. I work for a gas energy company and the minimum we pay for a lot is $425 with 20% royalty. I looked in the Official Public Records and Hallmark has signed a gas lease with Potestas at 24% royalty for only 3 years primary term lease. I notice the gas lease I received is for 5 years with only 1/8% which is the royalty of many, many years ago way before the Barnett Shale boom of recent times.
So correct...NO ONE should sign the very poor minimal amount being offered by Potestas. I also researched and discovered that the address they use is Humphrey Oil Company out of Dallas.
I plan to be at the meeting on Thursday night to ask them specific questions.
I looked up the definition of Potestas and I found the following "The idea of potestas originally referred to the power, through coercion, of a Roman magistrate to promulgate edicts, give action to litigants, etc. This power, in Roman political and legal theory, is considered analogous in kind though lesser in degree to military power." I don't trust a company who chose such a name and offering such poor royalty etc. It's as though we are uneducated fools.
Thanks for your email warning folks not to sign. If we stick together, we WILL have more power to get a better royalty and less time on lease primary time like 3 years and no more.
May 11, 2007
Dear Stone Meadow Homeowners,
When you check your mail today, many of you will find a gas lease/purchase contract from Potestas Corp. I encourage you to wait and NOT sign this contract. You may be missing out on a better deal. Chesapeake (another Gas company) has plans to present an offer to the entire neighborhood of Stone Meadow. Their offer will be much higher than the $100 or $175 being offered by Walt Hill! I don't have all the details yet but we can obviously work a better deal if we ALL stick together as a neighborhood. We are tapping into our resources with the Fort Worth League of Neighborhoods, the Ft Worth Community Outreach Dept and the District 6 Alliance to gain insight into the options available and to gain insight on the negotiation process.
I can not stress the importance of waiting less than a week to make or sign a deal with ANY company. Your Stone Meadow Gas Lease Committee will be meeting soon to discover what our options are. We will then deliver that information to you to allow you to make the best decision possible. Please don't misunderstand our intentions. You will have the final say so on YOUR mineral rights, and whether you wish to sell them outright or lease them. It will be your decision for your property. From a negotiating perspective, we can structure a better deal for everyone if we act in unison.
Please discuss this note with your neighbors who don't have e-mail access. Please tell those neighbors with an e-mail address to visit the Stone Meadow website (www.stonemeadow.net ) for updates and to place themselves on the notification list. You may even want to attend the Barnett Shale Expo http://www.barnettshaleexpo.com/ this next Wednesday, May 16th.
At no time EVER should you sell your mineral rights while you own your home. This is part of Walt Hill's latest offer for a $300 mineral rights purchase. This is NOT a good move for you & does not have your best interests in mind.
I look forward to delivering some very good news soon.
Jon Wise
P.S.
Tomorrow is Election Day. The Stone Meadow Board backs Jungus Jordan for District 6 City Councilman and we also back the CISD Bond package. Please go VOTE!!!!! I'm told only 1,600 people took advantage of the early voting days, which is a very, very small turnout compared to the number of registered voters in our district.
Here's a link to get more voting information online, including polling locations:
http://www.crowley.k12.tx.us/docs/district_information/election_day_locations.pdf
-----Original Message-----
Date: 12/03/2006 08:30AM
From: gbkidwell@sbcglobal.net
To: Wildbill9@sbcglobal.net
Cc: Kim.Mote@Fortworthgov.org; jonwise@kw.com
Subject: Dale Resources "PROPOSED NEIGHBORHOOD" Drilling Activities.
HI, TO ANYONE WHO NEEDS TO BE CONCERNED:
As some of you may already know, two meetings have been scheduled, concerning the proposed signing of Gas Drilling Leases within the Highland-Terrace Hallmark Neighborhood. The first meeting was held at the Christ Life Church, 6250 S. I/35 Freeway, Tuesday November 28th 2006. The Dale Resources Land Man form of Notification was very crude, in that they stuffed the notices in door screens, mail/boxes, and any other visible place on your property, to initiate a form of delivery to known, Legal Mineral Rights Owners. (No Us Postal Service)
At the November 28th Public Meeting there were (by Dale Resource Estimates, a 300 plus Attendance) enough concerns raised at that Meeting to justify another Public Meeting, Scheduled for December 12th, 2006--6:00pm, at the same location.
These concerns center around three major items: up front signing Bonus Lease Money, Duration of Signing Lease, and Percentage of Production for duration of the Well. This could be as long as 20 or more years, depending on several important factors -- Drill Site, Number of Wells, Production Schedule, and most importantly, the Current Market Price of Natural Gas. There are many more very sensitive issues to discuss, and negotiate,concerning Safety, Environmental Issues, Air Pollution, Noise, Water Usage, Long Term Blight, and most importantly ... FUTURE PROPERTY DEVALUATION.
This recent commencing of Urban Drilling within, and about City of Fort Worth Neighborhoods, could certainly cause adverse affects toward future commercial and retail development. No City can sustain a proper balance by solely depending upon Neighborhood Development, absolutely require a specific amount of Commercial Manufacturing and Retail land mass.
A closed meeting for a gathering of facts, and continued discussion, has been scheduled for Tuesday December 5th 2006, between Neighborhood Leaders and Dale Resources Representatives. This fact finding mission is for a Informational Presentation to the General Meeting of December 12th 2006, at the address listed above. We encourage, not only the affected people, to attend the December 12th 6:00pm Meeting. but Neighborhood Leaders, and Property owners throughout District Six, as well as Interested persons thru-out the City, so they may be better informed.
THERE IS NO DOUBT, IT'S COMING TO YOUR NEIGHBORHOOD SOON, BE PREPARED.
This Notice in E/Mail form shall meet all City and State Requirements, for Posting of Public and Closed Meetings.
Sincerely,
G. B. "Gary" Kidwell
Member=Facilitator
Hallmark/Camelot
Highland-Terrace
Neighborhood Association
Any Questions Please Call:
817-293-1031-Home
817-999-0981-Bus/Cell
-----Original Message-----
Date: 12/15/2006 08:22AM
From: gbkidwell@sbcglobal.net
To: Wildbill9@sbcglobal.net
Cc: gingercary@hotmail.com
Subject: Dale Resources Continued Meetings Process.
Hi to everyone,
After numerous discussions with persons who have been involved with past Neighborhood Drilling Contract Activities, and caught up in the same process we are wading thru--I have some thoughts to present, and openly discuss.
It's very important to realize, as a Neighborhood Association, and a local Representative body, that we need to be up front and very honest, in our dealings with any outside Gas Drilling Identity. We're not only representing our paid membership, but in reality, the good of the Neighborhood as a whole, Therefore my Observations:
From the very concept, Dale Resource Representatives have not been very pleased or receptive to our involvement in this Neighborhood Leasing Project. As you all probably know, the Landmen and Point Men are given very limited authority, and are charged with setting up Meetings, and Acquiring Lease Signings Only. As each day passes with this ongoing process, it appears so obvious they are being very deliberate in their actions, and are determined not to become involved in any phase of our attempted collective bargaining process They are also being very careful not to create any conflict, example, to allow us a public voice at these hearings, but still to allow themselves the continuing ability to chip away at Lease Signings.
Good example was the first meeting, where they assumed it would be a walk in the park to obtain Lease Signings, but discovered there were many concerns, and a very concentrated resistance from many Neighborhood Residents. After our Executive Meeting, (of Dec. 5th) and our counter offer was on the table, their actions, and mind set completely changed, because they made a very concerned effort not to discuss any such counter offer, even at our public insistence to do so.
At the second General Public Meeting, you surely noticed the up-front Signing Tables that were very busy supplying information, and probably doing Bonus and Lease Signings. Dale Resources, as a representative group offering a product, has the ability to continue a Indefinite Public Meeting schedule so as to achieve their desired Lease Signing Goals. After analyzing their past actions,and their, Hunkering Down Mode, it's rather obvious how this has eroded the level of our Neighborhood Resistance.
This process has also caused some Resident concerns, about the their ability to receive Bonus Money in the long term. Having said that, It now seems rather obvious, we might want to consider a different method of continuance or a very graceful exit from this ongoing process. The continuance of any further Neighborhood attempts to reverse this process, could likely bring us negative results, and some level of adverse publicity for our Residents and Neighborhood Association.
I personally think we've been totally outsmarted in this process, and very well could be, a less than satisfactory conclusion.
Sincerely,
G.B."Gary" Kidwell
Member-Representative
Hallmark/Camelot
Highland-Terrace
Neighborhood Association.
-----Original Message-----
Date: 12/17/2006 10:18PM
To: jonwise@kw.com
Subject: Re: Dale Resources Continued Meetings Process.
The opinion below is a personal statement and is not to be construed as a professional advisement on behalf of any broker, drilling company, or any other oil & gas entitiy.
His concerns are justified. Here is "how" it works. An assignment is handed down from the client...Dale Resources, Chesapeake, Devon, etc. The land is researched by several landmen. Once it is determined that surface owners own or share ownership on the mineral estate, leasing agents move in. They hold "meetings" designed to "answer" questions. These meetings serve one purpose - sign leases. Once a percentage (determined by # of lots v/s # signed) has been reached, no further negotiation is necessary. The meetings are NOT for negotiation. The client sends down an amount they are willing to pay. If enough people sign for that amount, it's basically, "screw you." Your friend from this other neighborhood has been "outsmarted." What Dale is doing is what EVERY company is doing to adjacent neighborhoods to their drill sites, including our client. The goal is to pay the least amount of money per acre. This process works really well with small lot owners who do not take the time to be informed on the subject or take the time to work together.
HERE IS HOW WE, STONE MEADOW, DO BETTER....
The homeowners in our neighborhoods need to be informed by the HOA on the following things:
Although ANY money for your family might be cherished right NOW, if you sign a lease, you are jeopardizing the opportunity of the neighborhood as a whole to receive a larger amount a few weeks/months down the road.
If homeowners and neighborhoods work TOGETHER, the bonus money goes UP!, every time.
If WE approach a company as a whole, bargaining CAN happen.
The goal of any oil & gas company right now is to sign as many leases as possible. The game plan for getting the "many" is divide and conquer....and, it work's.
According to preliminary research, no one in this immediate Stone Meadow-Summer Creek-Hulen Heights area owns 100% of their minerals.
Here's how the math works if our subdivision only owns 1/2 of their mineral estate (yet to be determined):
You own .25 acres (large # for our subdivision) and sign for $1000/acre, your bonus check would only be .25 x 1000 /2 = $125. That is chump change! There is MORE to be had!
Companies do NOT negotiate with individual homeowners. They negotiate with landowners, 1 acre +.
***BETWEEN US***
Our subdivision is slated for negotiation with Chesapeake. We will talk by phone, not email, concerning these matters.
----- Original Message ----
From: Jon Wise <jonwise@kw.com>
Sent: Friday, December 15, 2006 10:06:59 AM
Subject: Dale Resources Continued Meetings Process.
As residents of Stone Meadow I feel your loyality, in a gas lease situtation, would be to the community and espically our neighborhood. Anything less, would be unacceptable, IMHO. Having said as respectively as I can, I would like to get your take on what is happening with one of our other neighborhoods and their Landmen.
Please read below. If there are any suggestions you might offer we would be very grateful.
Jon
-----Original Message-----
Date: 12/15/2006 08:22AM
Subject: Dale Resources Continued Meetings Process.
Hi to everyone,
After numerous discussions with persons who have been involved with past Neighborhood Drilling Contract Activities, and caught up in the same process we are wading thru--I have some thoughts to present, and openly discuss.
It's very important to realize, as a Neighborhood Association, and a local Representative body, that we need to be up front and very honest, in our dealings with any outside Gas Drilling Identity. We're not only representing our paid membership, but in reality, the good of the Neighborhood as a whole, Therefore my Observations:
From the very concept, Dale Resource Representatives have not been very pleased or receptive to our involvement in this Neighborhood Leasing Project. As you all probably know, the Landmen and Point Men are given very limited authority, and are charged with setting up Meetings, and Acquiring Lease Signings Only. As each day passes with this ongoing process, it appears so obvious they are being very deliberate in their actions, and are determined not to become involved in any phase of our attempted collective bargaining process They are also being very careful not to create any conflict, example, to allow us a public voice at these hearings, but still to allow themselves the continuing ability to chip away at Lease Signings.
Good example was the first meeting, where they assumed it would be a walk in the park to obtain Lease Signings, but discovered there were many concerns, and a very concentrated resistance from many Neighborhood Residents. After our Executive Meeting, (of Dec. 5th) and our counter offer was on the table, their actions, and mind set completely changed, because they made a very concerned effort not to discuss any such counter offer, even at our public insistence to do so.
At the second General Public Meeting, you surely noticed the up-front Signing Tables that were very busy supplying information, and probably doing Bonus and Lease Signings. Dale Resources, as a representative group offering a product, has the ability to continue a Indefinite Public Meeting schedule so as to achieve their desired Lease Signing Goals. After analyzing their past actions,and their, Hunkering Down Mode, it's rather obvious how this has eroded the level of our Neighborhood Resistance.
This process has also caused some Resident concerns, about the their ability to receive Bonus Money in the long term. Having said that, It now seems rather obvious, we might want to consider a different method of continuance or a very graceful exit from this ongoing process. The continuance of any further Neighborhood attempts to reverse this process, could likely bring us negative results, and some level of adverse publicity for our Residents and Neighborhood Association.
I personally think we've been totally outsmarted in this process, and very well could be, a less than satisfactory conclusion.
Sincerely,
G.B."Gary" Kidwell
Member-Representative
Hallmark/Camelot
Highland-Terrace
Neighborhood Association.
-----Original Message-----
Date: 01/30/2007 10:29PM
To: jonwise@kw.com
Subject: Re: Gas Drilling Alternative for Neighborhood.
The $3500/acre with a $500 lot minimum is a great deal! Also, getting a 25% royalty is usually saved for a drillsite. We usually start non-drillsites at 20%, knowing we'll end up at 22 or 23%. My husband and I work Johnson County, but know people who work in the Tarrant Co. office. Please note: Our neighborhood and the surrounding ones, are on schedule for Cheaspeake leasing. They have holes in the ground very close to us already. Are you planning a neigborhood q & a prior to any proposals being handed out. Like I said in prior emails, if a group of people jump the gun and sign with anyone, it will pretty much dictate how the remainder of the subdivision will go. Once a "rival" company knows an area is already being leased up, they usually move on. We must be proactive............
----- Original Message ----
From: Jon Wise <jonwise@kw.com>
Sent: Tuesday, January 30, 2007 11:24:10 AM
Subject: FW: Gas Drilling Alternative for Neighborhood.
Here is great information form Gary Kidwell.
Jon
-----Original Message-----
Date: 01/30/2007 08:34AM
Subject: Fw: Gas Drilling Alternative for Neighborhood.
Hi to all,
The enclosed message, and attachment is for informational purposes only. The Gas Drilling process is surely coming to your Neighborhood, and soon. A word of caution, be pro-active, and prepared for these ( for sure) coming events. You, your Neighborhood Association and other Residents can have much better control of this process.
GOOD LUCK.
Gary Kidwell
Representative District Six.
----- Original Message -----
From: G. B. Kidwell
To: Bill Wilson ; Julia Walsh ; Pat Tomerlin ; Mary Manning ; Lutha Jones ; Ron Johnson ; Tom Hampton ; Dorothy Gray ; Ginger Cary ; Kirby Bush ; James Alling
Cc: Kathy Baxley
Sent: Tuesday, January 30, 2007 7:54 AM
Subject: Gas Drilling Alternative for Neighborhood.
Hi to everyone,
After attending a Greenbrier (north/south) Neighborhood Meeting this past evening at the Greenbrier School Cafeteria, I was very impressed with a ongoing bidding process, between Colt Exploration, and Dale Resources Landmen.
Greenbrier Neighborhood Association called the Public Meeting, and exercised total control of the presentations, length of time, and prevented contract discussions with any residents. (at least 300/plus very concerned residents in attendance) Dale Resources had their process last Thursday, Jan. 25th, but were held in check by the Associations Printed Agenda.
The enclosed attachment explains who is doing what, in difference to the offer we received. (Note the top line, and who owns Colt Exploration).
Let me know your thoughts about engaging them in a process to cause Dale Resources to recognize the bidding process within our ongoing project.. I'll know more after the next Scheduled Meeting with Four Sevens Resources Owner and Landmen at, Greenbrier Elementary School Auditorium Wednesday, January 31st, 6:00pm.
This is the process we have always advocated, and all interested parties are invited. It's finally working, and can only gain momentum.
Gary K. |
March 2007 Article from Dallas Morning News
Monthly Public Meetings to Begin
From: City of Fort Worth Community Relations Department -- Neighborhood Office
Sent: Wednesday, July 19, 2006 2:04 PM
To: List Member
Subject: City Will Hold First Gas Well Public Meeting July 27
As part of its gas well education efforts the City of Fort Worth will begin holding monthly public meetings the last Thursday of every month at 6:30 p.m. in the City Hall Council Chambers, 1000 Throckmorton, St. The first meeting will take place July 27. The meetings will include a video presentation of the gas well drilling process and give Fort Worth citizens an opportunity to get answers to any questions or concerns they may have regarding this topic.
Listed property owners as well as residential tenants at least 1,000 feet from a potential gas well site will receive a notice in the mail including the contact information for the operator seeking to drill near their area and information on the monthly public meetings.
"We encourage Fort Worth residents with any questions about gas drilling in their vicinity to attend these public meetings to learn more about the process," said Fort Worth Gas Well Inspector David Lunsford. "The public meetings will provide an excellent opportunity for residents to get to know this city's gas inspectors and the role they play in ensuring the safe operation of gas wells within our city limits."
The Fort Worth City Council recently adopted a revised gas drilling ordinance that includes additional requirements for gas wells within 600 feet from an existing protected use structure such as a home, school, church, hospital, public building and park.
Council first adopted a gas drilling ordinance in December 2001 in response to requests from private companies for drilling within Fort Worth city limits. At the time the original ordinance was adopted, most permits were issued for gas wells drilled on privately owned property located in sparsely inhabited areas in northern Tarrant, Denton and Wise counties. Since 2001, drilling has moved farther south, west and east into more populated areas of the city.
As a result, council appointed a Gas Drilling Task Force last fall to examine the ordinance and how drilling impacts neighborhoods. The task force conducted a series of public meetings before making its final recommendations to council in May. In addition to the required 600-foot setback - which can be closer with council's pre-approval or property owner waivers - the revised gas drilling ordinance requires:
* A 200-foot setback from existing or new construction of protected uses.
* Operators are required to measure ambient noise levels before drilling and then install controls that prevent noise from rising above these levels by more than five decibels during the day and three decibels at night.
* Closed-loop mud systems, which eliminate open mud pits, must be used on wells that are closest to homes.
* Fencing and landscaping improvements that provide security and blend with surrounding uses.
The purpose of the changes is to further protect surface property rights while providing for the orderly exploration, development and production of gas in and under the city. The city's revised gas drilling ordinance, which affects both private natural gas drilling and the city's gas lease program, is available online at www.fortworthgov.org.
For more information on the gas drilling in Fort Worth, call 817-392-2851 or visit http://www.fortworthgov.org/engineering/gas%5Fdrilling . |
E-Mail Communication Sent to Stonemeadow Residents Via E-Mail
(reverse chronological order, most recent at top)
May 25, 2006 -- Stone Meadow Homeowners: On Tuesday evening, we had a quick meeting regarding the Gas Lease letter that was received by many of our homeowners. A committee of five homeowners have volunteered to represent us in the search for information that will help us to make the best decision. This information will be disseminated by the www.stonemeadow.net website. A frequently asked question page will be created to address the many concerns & questions that we all have. At the bottom of the FAQ page will be a form you can fill out & submit to pose a question not previously addressed.
Please keep in mind that we have over 500 households and only 5 volunteers. The Committee will interview and hire an Oil & Gas Attorney to represent those of us that elect to participate with this group. I am told that many of you have already signed Mr. Hill's document, and that is certainly your right. If you did not receive a letter or have already committed to a mineral rights lease, please disregard this communication.
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May 22, 2006 -- Stone Meadow Homeowners: We have scheduled a quick meeting to discuss the letter many of us received last week regarding the Mineral Rights leases. I hope this note will get to those who do not currently have e-mail through friends and neighbors. Our goal is to create a committee that will review the suggestions given at this meeting and plan a course of action. This would include interviewing and hiring an attorney to represent us, deliver constant updates of the progress and delivering this information to all involved homeowners. We may also need to reach out to other neighborhoods to see if the same notice went to them as well. We have set a meeting for this Tuesday, at 7pm at Hallmark Baptist Church. The church is located 1/4 mile east of S. Hulen on Risinger Rd. Please enter from the east side.
Public Hearing on Recommended Revisions to the Gas Drilling Ordinance
Forwarded From: City of Fort Worth Community Relations
Department-Neighborhood Office, neighborhoods@fortworthgov.org
On May 9, 2006, the Gas Drilling Task Force presented its final recommendations on revisions to the current Gas Drilling Ordinance* to the Fort Worth City Council. The recommendations include increasing the drilling setback from a residence, school, church, public building, hospital and public park to 600 feet, requiring noise mitigation, increased public notification, site security, landscaping, fencing and other technical changes that will further protect surface property rights while providing for the orderly exploration, development, and production of gas in and under the City.
~ Opportunity for Public Comment~
June 6, 2006 - 7:00 p.m.
The City Council will hear public comments on these proposed revisions to the ordinance. The public is invited to attend.
June 13, 2006 - 7:00 p.m.
The City Council will consider adoption of the revised ordinance. The public is invited to attend and provide their comments on the proposed revisions.
The meetings will be held in the City Council Chambers on the 2nd floor of City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. For additional information, contact Sarah Fullenwider at or 817-392-7619.
* Note: A draft copy of the Gas Drilling Ordinance, with the proposed revisions, will be posted on the web at
http://www.fortworthgov.org/gasdrilling on Tuesday, May 30, 2006.
Documents with Additional Information
| Article -- Signing Away Mineral Rights |
http://recenter.tamu.edu/news/50-0605.html |
| Article -- Barnett Shale Gas |
http://www.oilandgasinvestor.com/pdf/ShaleGas.pdf |
| City of Fort Worth Education link about gas drilling and the Barnett Shale deposit |
http://www.fortworthgov.org/engineering/gas_drilling/ |
FAQ Area for Questions and Answers from Neighborhood Residents
Questions that have been asked by residents ...
Since some residents have already agreed to the terms offered by Mr. Hill, what are the chances that an attorney can negotiate a better settlement for the others? What is the approximate cost of hiring an attorney?
We have an offer for our gas or mineral rights. What is the anticipated difference in the amount that we have been offered and what other communities have received?
I have not received a letter from Mr. Hill, or anyone else regarding leasing my mineral rights. Is there a reason why everyone in the community didn't receive one?
If I don't sign the Walter Hill Lease, and I don't have the wherewithal to pursue a more advantageous agreement, can the drillers proceed without me agreeing to anything ?
Although I am a Stone Meadows home owner, I have not received a gas lease letter. Question: Who all has received the letters (no names needed, just specify blocks or areas that are included in the proposed lease)?
I did not receive a letter concerning mineral rights. What did the letter sent to other residents say? I have not seen an copy of the letter.
We didn't recieve a letter....does this only pertain to those that did get a letter? Or is this something that all Stone Meadow Homeowners would be involved in? And some answers ...
All --
Please note some of the answers below. Also note that if someone did not get a notification mailed to them then quite possibly there are no plans to extract minerals from beneath their property! We should consider ourselves fortunate and that someone could possibly have definite plans to drill.
My question at the end -- if we can determine the well site then we could possibly find out who the energy player is and go directly to them. And finally, FYI -- I pick up our neighborhood plat map tomorrow.
Hope this all helps!
PM Subject: Gas Lease Questions
Rob --
These are the ones that have been submitted so far:
1. Can drilling commence even without us agreeing to terms on a lease?
Yes, but not beneath YOUR property. They can only travel beneath those who have leased.
2. Some people have already signed an agreement. If others agree to a better offer w/ someone else, what happens to those that have already signed w/ Hill? Too bad so sad. Once a lease has been signed, it is in effect until its expiration or if there is production - it will be held by production for as long as there IS production (could be 20 yrs). If someone with adjoining property signs a lease with a different company, they will likely sell the lease to whomever intends to drill it, or they will get pooled, or that party will not participate in the royalty. Depends on circumstances. I can assure you there will likely be parties who get leased, but never participate in royalty. Signing a lease is not a guarantee they will include you in production. Your property must be part of a unit to get royalties, but companies do sell off leases constantly.
3. If residences receive multiple offers from company A, company B, and company C, and several residences sign w/ one or another, how is it determined who will eventually get the rights to drill? The companies work it out amongst themselves. It is usually whomever has the MOST acreage and the others sell off their leases or pool them. There are many landmen out there who donothing BUT broker leases ... they never intend to drill - only to flip them with the hopes of getting an override and/or money.
4. What is the approx cost of an attorney if we hire one to negotiate w/other companies? Beckham, Rector and Eargle are $250.00 per hour and they are the least expensive I have done business with - some are as high as $600/ hr. Because of the local Barnett Shale boom the problem is not as much the price as they just have too much work and not enough time.
5. What is the standard market rate we could expect from someone else?
Standard Landman rates are $450.00/hr. We charge $150.00/hr, and I honestly don't know what Bank of America's rates are.
My question: Does a company need to file anything w/ anyone prior to drilling? If so, how can we find out who the company is? All leases are public record - recorded in the county in which they lie. Once a company has leased enough acreage to create a unit, they must apply for a permit drill through the Texas Railroad Commission. Again it is all public information, but RRC documents are a little harder to find if you are not familiar with the RRC Districts. They also tend to run behind on getting the info out onto their website. If you are looking for a specific wellsite to see who is drilling it, you can call me and I can look it up for you. We subscribe to some drilling info sites. One of those sites costs us in excess of $30,000.00 / yr to be a member of. They don't make it all that easy for those not in the business.
Warmest Regards,
Melody Martinez
Mineral Property Manager
JP Morgan Chase TX1-1315
National Oil, Gas, and Mineral Management
420 Throckmorton, Suite 200
Fort Worth , TX 76102
Thank you muchly!
Greg S Martin
Chase Home Finance
2001 Beach St
Fort Worth , TX 76103
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I spoke with the attorney last Friday and he basically touched on what you are saying. In his opinion we should speak to all the homeowners and get them on board to just wait. If we wait and find out who is actually going to drill it, it could be a very easy process that would not take an attorney other than to just look over paperwork. If we go to a Devon or XTO, he stressed the fact that if we do have commitments from say 90% of the residents before we address these larger companies then we are the ones with the leverage. My attorney could not tell me much more than the lease that was sent to us is legal but we need to find out exactly how many acres are in Stone Meadow and where the Rig will be. From there he would help me find out who will be doing the drilling.
I think the first step now that we do have some information is to have another meeting with the people of Stone Meadow, get commitments from residents to wait until we have further answers and maybe even another proposal. We also need to find out how many residents may have already signed the lease from Walter.
Rodney W. Shrader
DFW Branch Manager
Acton Mobile Industries
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