RATE & FEE SCHEDULE. I. Introduction 1. II. Effective Date 1. III. Implementation 1. IV. Administrative Fees 3. V. Easements 3

Similar documents
RATE AND DAMAGE SCHEDULE

RATE AND DAMAGE SCHEDULE

GUIDELINES FOR SALT WATER DISPOSAL EASEMENTS

ISSUING AGENCY: Commissioner of Public Lands - New Mexico State Land Office. [ NMAC - Rp,

CHAPTER 154 RIGHTS OF WAY

STATE LAND OFFICE Schedule of Fees

High Plains Economic District Southeast Wyoming Oil Exploration Seminar Series: Part II. Terms of Oil and Gas Lease and Surface Damage Agreement

POLICY: Line Extensions for New Services

POLICY: Line Extensions for New Services

CHAPTERS 35 to 37 Reserved CHAPTER 38 PRIVATE WATER WELL CONSTRUCTION PERMITS

The University of Texas System Rules and Regulations of the Board of Regents Rule: 70301

GUIDELINES FOR LEASING UNDER SLO RULE 5

6 Model Leasehold Mortgagee Protections (Maximum) TABLE OF CONTENTS I. DEFINITIONS LOSSES AND LOSS PROCEEDS A. Prompt Notice B. Casualty C.

Form of Easement and Right of Way Agreement For Gas Pipeline

ACCESS AND OPTION AGREEMENT TEMPLATE FOR REAL PROPERTY PARTNERSHIP PROJECTS

PURCHASE AND SALE AGREEMENT

OIL AND GAS LEASE for UMBERACRE

Surface Use Agreements

STATE LAND OFFICE Schedule of Fees

RULE NO. 21 MIDDLE RIO GRANDE CONSERVANCY DISTRICT RULES AND PROCEDURES GOVERNING DISPOSITION OF DISTRICT REAL PROPERTY (LAND SALES POLICY)

COLUMBIA COUNTY SURFACE MINING ORDINANCE

Property Tax Incentive Policy Effective October 24, 2016

7-3. Engineering and Operations Committee. Board of Directors. 7/11/2017 Board Meeting. Subject. Executive Summary

State Revolving Fund Loan Programs Guidance for Project Land Acquisition For SRF Financed Projects

UNIFORM RULE 5. Administration of Williamson Act Contracts

Joseph B.C. Fitzsimons. Chase Currie, Ph.D. Blair Fitzsimons. Uhl, Fitzsimons, Jewett & Burton. Joint Venture. Land Trust

Public Sealed Bid Auction. State of Ohio Ohio University. Tract II and 919 East State Street Athens, Ohio 45701

All roads developed to access four (4) or more parcels shall be constructed to Park County Road and Bridge Standards.

REAL ESTATE CONTRACT (A&M SYSTEM - SELLER)

Shale Gas Leasing: Lessons from the Marcellus Shale Patch

CHAPTER 68 GEOPHYSICAL/SEISMIC TESTING

ORDINANCE NUMBER 1154

Property Management Agreement Vacation Rentals

ASSIGNMENT OF LEASES AND RENTS

MULTI-YEAR LEASE TEMPLATE

RESIDENTIAL MANAGEMENT AGREEMENT

Monroe County, Tennessee Property Tax Incentive Program Policies and Procedures

NC General Statutes - Chapter 116 Article 21B 1

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS THAT: COUNTY OF GILLESPIE

Texas Pipeline Easement Negotiation Checklist

The Provincial Lands (Agriculture) Regulations

PROPERTY DISPOSITION GUIDELINES OF STATE OF NEW YORK MORTGAGE AGENCY, ESTABLISHING STANDARDS FOR THE DISPOSITION AND REPORTING OF PROPERTY

ALBERTA SURFACE LEASE AGREEMENT

ARE WE THERE YET? An Examination of the Commencement & Termination of an Oil and Gas Lease. Institute for Energy Law Texas Mineral Title Course

LIMITED WARRANTY DEED WITH RESERVATIONS

COMMERICAL PURCHASE AGREEMENT

CHAPTER FOUR - SPECIAL PROVISIONS. Purpose -- These provisions shall apply to all districts unless otherwise stated in the district regulations.

Easement Policy Agricultural Crown Land July 2018

Case 1:01-cv BLW Document Filed 01/18/11 Page 120 of 152 EXHIBIT I ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Important aspects of an oil & gas lease Clif Little OSU Extension Agriculture and Natural Resources Guernsey and Noble Counties Feb.

MINERAL RIGHTS COMPENSATION REGULATION

The Crown Resource Land Regulations

MORTON CEMETERY RICHMOND, TEXAS RULES AND REGULATIONS. 1.1 The term "Cemetery" will mean the Morton Cemetery located in Richmond, Texas.

CITY OF ESCANABA STANDARD OPERATING PROCEDURE POLICY ON SALE, LEASE, OR OPTION OF CITY-OWNED LAND

MISSION STATEMENT LCLB PURPOSE PRIORITIES & POLICIES. 1. Policies Governing the Acquisition of Properties

A BILL TO BE ENTITLED AN ACT

ORDINANCE NO AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF PORT ARANSAS, TEXAS, BY ADOPTING A NEW CHAPTER

RULES AND REGULATIONS FOR ADMINISTRATION OF AREA DRAINAGE PLANS

ORDINANCE NO: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GREENVILLE, TEXAS:

To achieve the conservation purposes, the following conditions and restrictions are set forth:

The following is a list of assumptions on which this Term Sheet is based:

Draft: January 19, 2016

RATE AND METHOD OF APPORTIONMENT FOR CASITAS MUNICIPAL WATER DISTRICT COMMUNITY FACILITIES DISTRICT NO (OJAI)

SOUTH DAKOTA BOARD OF REGENTS. Budget and Finance ******************************************************************************

DEPARTMENT OF NATURAL RESOURCES REAL ESTATE DIVISION OFFICE OF MINERALS MANAGEMENT

Torch Lake Township Antrim County, Michigan

REQUEST FOR CHANGE OF OPERATOR TRANSFER OF INJECTION OR SURFACE PIT PERMIT

The University of Texas System Systemwide Policy. Policy: UTS Title. Environmental Review for Acquisition of Real Property. 2.

Berkshire Cemetery. Berkshire Township

A Minor Land Excavation Operating Permit is used to:

PROPERTY MANAGEMENT AGREEMENT

GENESIS PIPELINE CANADA LIMITED AGREEMENT FOR EASEMENT PROVINCE OF ONTARIO

Chapter Sidewalk Construction and Improvement Standards

LAKE SUPERIOR STATE UNIVERSITY CHARTER SCHOOLS OFFICE REAL PROPERTY LEASE POLICY

SPEAR S RANCH ON SALADO CREEK ARCHITECTURAL CONTROL COMMITTEE IMPROVEMENT GUIDELINES

ARTICLE I 1. STATEMENT OF PURPOSE AND APPLICABILITY

ROAD USE AGREEMENT RELATING TO THE DEVELOPMENT OF (WIND FARM NAME) WIND FARM

The Application Process

ONEIDA INDIAN NATION TRUST LANDS RESIDENTIAL LEASING ORDINANCE

SELF-CANCELING INSTALLMENT SALES AGREEMENT

JARED B. BOEHS, CPL, CMM Cutter Energy, LLC

VIRGINIA PROPERTY OWNERS ASSOCIATION ACT

BASTROP COUNTY TAX ABATEMENT POLICY. (Guidelines and Procedures)

LEASE CLAUSES FOR THE MODIFIED LYNCH FORM. Description of Leased Substances Coalbed Methane. Description of Premises Limited Depth.

ALBERTA OIL SANDS TENURE GUIDELINES Augus t 14, Two types of oil sands agreements are issued under the Oil Sands Tenure Regulation:

This chapter shall be known and may be cited as the "Unit Property Act." (25 Del. C. 1953, 2201; 54 Del. Laws, c. 282.)

AGREEMENT FOR PAYMENT IN LIEU OF TAXES FOR PERSONAL PROPERTY between AJAX SOLAR, LLC. and THE TOWN OF WEST BRIDGEWATER

FORM F1 TECHNICAL REPORT TABLE OF CONTENTS

Rules and Regulations

EXPOSITION PARK/ COLISEUM TERM SHEET

DRIVEWAY/ACCESS PERMIT APPLICATION INSTRUCTIONS Douglas County Trunk Highways

Curtis Talley Jr. Farm Management Educator MSU Extension, Hart, MI

Legally Described as: Lot(s) - in BROOKHAVEN ESTATES PLAT 1, pursuant to the Plat thereof (the, Property ).

Buffer and Soil Loss Statutes, as amended in 2017 by Laws of Minnesota 2017, Chapter 93 (S.F. 844)

***** Subchapter A. GENERAL PROVISIONS ***** PERMIT APPLICATIONS

AERONAUTICAL USE LEASE POLICYPOLICY GRAND JUNCTION REGIONAL AIRPORT Revised: November 18, 2014

Documents Required to Accompany Expression of Interest

SOUTH DAKOTA BOARD OF REGENTS. Committee on Budget and Finance ******************************************************************************

EASEMENT AGREEMENT (Distributor Performance Non-Exclusive)

AGREEMENT FOR PAYMENT IN LIEU OF TAXES FOR REAL PROPERTY AND PERSONAL PROPERTY. between. and THE TOWN OF DOUGLAS

Transcription:

OFFICE OF GENERAL COUNSEL SYSTEM REAL ESTATE OFFICE 301 Tarrow, 6 th Floor, College Station, Texas 77840 (979) 458-6350 www.tamus.edu/legal/real-estate/ RATE & FEE SCHEDULE I. Introduction 1 II. Effective Date 1 III. Implementation 1 IV. Administrative Fees 3 V. Easements 3 VI. Oil & Gas Leases, Pad Site Locations and Associated Appurtenances 4 VII. Geophysical Survey Permits 6 VIII. Water Use 6 IX. Payment Information 6 X. The Texas A&M University System Representatives 6 Approved by Chancellor John Sharp on August 14, 2015

I. Introduction The Texas A&M University System ( TAMUS ) System Real Estate Office is responsible for the management and administration of those properties owned by TAMUS. In furtherance of this mandate, the System Real Estate Office ( SREO ) publishes this Rate & Fee Schedule ( Schedule ) to provide guidelines in the assessment of rates and fees for the use of TAMUS real property ( Property ) by a third-party entity ( Requestor ). This Schedule is to serve as an aid to any such Requestor considering engaging in surface operations of any kind and/or mineral exploration and production operations on the Property ( Operations ). This Schedule is meant to help any such Requestor estimate its minimum financial exposure based upon rates and fees associated with its Operations on the Property and to also establish certain administrative guidelines covering such Operations. II. III. Effective Date The effective date for this Rate & Fee Schedule is August 17, 2015. This Schedule is subject to change without notice. Please contact the SREO to ensure that you are viewing the most up-to-date Schedule. Implementation A. Pursuant to TEXAS EDUCATION CODE, TITLE 3, CHAPTER 85, SECTION 26(c), with the exception of public roadway easements, all grants and renewals of easements are limited to a maximum term of 10 years. B. As a condition of approval for all Operations, all structures located at the surface (i.e. tank batteries, risers, pad sites, utility lines, and similar), all structures located below the surface (i.e. utility lines, all pipelines including flow, gathering, feeder, transmission, and distribution lines, and similar), all roads located on the Property (i.e. lease roads, public access roads, temporary access roads, and similar), and all other structures or planned disturbances on the Property must be memorialized by a separate easement, permit, contract or other agreement and each will be subject to this Schedule. C. TAMUS requires that all administrative fees be paid prior to processing any easement, right-ofway, contract or other agreement. Additional administrative costs may be assessed as additional consideration during a negotiation. D. All Operations, including construction, production, maintenance, repair, removal, and remediation, require negotiation of terms, restrictions, and fees, as well as execution of relevant documents granting access, permission, and approval for the Operations. All fees are payable prior to entry on the Property. E. Approval for entry on the Property will not be granted for construction to begin until TAMUS has received fully executed copies of all relevant documents, which MUST subsequently be filed, at the expense of the requesting party, in the Official Records of the county in which the 1 P age

Property is located. Additionally, approval to proceed with construction will not be granted until TAMUS has received payment for all anticipated damages and fees. All additional payments, including those for damages not anticipated prior to beginning of construction, must be received within 30 days following completion of construction. F. Prepayment of anticipated damage fees does not preclude additional damage fees that may be charged in the event damages are greater than anticipated. G. SREO is to be notified by grantee or permittee no less than 72 hours prior to entry on the Property and immediately after Operations have ceased. In an emergency situation, the appropriate local agencies and/or authorities should be notified immediately to manage the emergency, followed by contacting the SREO as soon as reasonably possible. The surface lessee, surface owner, mineral lessee, and/or mineral owners, if applicable, should also be notified prior to entry on the Property. H. Sand, gravel, rock, caliche, and other materials may not be used or removed from the Property without the express written consent of TAMUS. I. Unless otherwise stated in the instrument, easements, permits, contracts and other agreements cannot be assigned without the prior written consent of TAMUS. J. TAMUS reserves the right to assign one or more of its employees, agents, or contractors to accompany work crews during Operations in order to inspect and oversee TAMUS interests. K. TAMUS reserves the right to require grantees and permittees to follow certain restrictions during Operations. L. All fees and rates stated in this Schedule are suggested minimums and actual charges may vary. M. Damage settlement fees are calculated based upon the reduction in the value of all real and personal property of TAMUS due to Operations, TAMUS loss of revenue due to Operations, and direct damage such as loss of trees and crops, and such fees will be determined and assessed through direct negotiation between TAMUS and the Requestor. Notwithstanding the foregoing, the value of TAMUS property being used for research activities is very difficult to determine and far exceeds the market value for typical property; therefore, the value of TAMUS research property for damage purposes shall be determined in TAMUS sole and absolute discretion. N. All other fees will be determined and assessed through direct negotiation between TAMUS and the Requestor. 2 P age

IV. Administrative Fees NOTE: Administrative fees apply to each individual instrument and cover those costs associated with SREO personnel s administration of the internal processing, filing, and management of requests within the TAMU System. Administrative fees are to be paid by the Requestor before research and/or processing will begin. No refunds will be issued once processing has begun. Certain fees may be eligible for waiver. V. Easements 1. Easement $500 2. Access Permit $500 3. Assignment $500 (per assignee) 4. Consent to Assignment $500 (per assignee) 5. Water Use Agreement $500 6. Site Permit or Site License $500 7. Amendment $1,000 8. Surface Use Agreement $1,000 9. Surface Lease $1,000 10. Oil, Gas and Mineral Lease $1,500 11. Geophysical Survey Permit $1,500 12. Other $500 (minimum) A. Easement fees are intended to compensate TAMUS for the loss of use of the property, damages, and/or the detrimental effects resulting in loss of value to the easement property itself. Easement fees do not include any other damage, nor do they include future damages related to the maintenance, repair, replacement, or removal of the line/improvements in the easement. B. Easement fees are independent and separate from Administrative fees. C. Certain entities such as political subdivisions, governmental agencies, and quasi-governmental entities may be eligible for an exemption from fees for public utility easements, depending on the benefit provided to TAMUS. For purposes of this guideline, quasi-governmental entities will be defined as not-for-profit entities created by Federal or State law for purposes of providing a public good. D. Certain fees may be waived for certain situations and for qualified entities at the sole discretion of TAMUS. E. Public utilities constructed at TAMUS request and that serve solely TAMUS interests will be exempt from fees. F. Fee rates vary and may be greater than the minimums listed herein based upon multiple factors, including, but not limited to the following: geographic location, current land use, 3 Page

planned future development, proximity to or location within research and/or campus lands, benefit of easement to TAMUS, purpose and size of pipeline, utility line or road effecting the Property, and many other factors. G. Upon expiration of an easement, unless otherwise directed in writing by TAMUS, all equipment should be removed from the Property and the Property should be returned to its original state, prior to the beginning of Operations. H. An easement fee shall not total less than $500, unless the fee is waived by TAMUS. I. The minimum rate for a road, pipeline, or utility easement and all other types of easement is $100 per rod. Pipeline and utility easement fees are calculated by taking the fee rate multiplied by the total length of ALL lines to be placed in the easement and are independent of the length of the easement. The fee for easements wider than the standard width may be negotiated based on the square footage of the easement, but not less than $100 per rod. J. Easements may be assigned only with prior written consent of TAMUS and payment of an Administrative Fee. K. The standard easement width for all pipeline and utility easements is 10 feet. Standard pipeline and utility easements include a temporary construction easement with a maximum total width of 40 feet (the 40 feet will include the term-easement width of 10 feet). L. The standard easement width for all road easements is 20 feet. M. The easement width may not be changed nor may additional lines be added without a new easement being negotiated and executed. N. All sub-surface easements must use double-ditch construction methods, be leveled, inspected and re-leveled after a settling period, and seeded with grass mixtures and methods approved by TAMUS. VI. Oil & Gas Leases, Pad Site Locations and Associated Appurtenances A. The minimum bonus consideration for a directly-negotiated or an auctioned Oil & Gas Lease is market value, but in no event will it total less than $1,000. B. Bonus considerations are independent and separate from Administrative fees. C. As part of the process to nominate a parcel for an Oil & Gas Lease Auction, an advertising fee to cover the estimated costs of required public notices will be required to be submitted along with the nomination package. D. After an Oil and Gas Lease is executed, the lessee will sign a Surface Use Agreement with TAMUS if TAMUS property is required for Operations. The Surface Use Agreement will address items such as Pad Site Location Fees, access road construction, pipelines and flowlines, compensation for water use, and other issues. 4 P age

E. The Pad Site Location Fee will include damages exclusively for the applicable pad site location. For example, only tank batteries, flow-lines, power lines, and other standard fixtures and equipment typically located on an oil/gas pad site which are located entirely on the applicable pad site will be included in the Pad Site Location Fee. The Pad Site Location Fee may also include the use of a single existing road (if one exists) for ingress/egress (as approved by TAMUS), for which the lessee will assume responsibility of maintaining throughout the duration of the term of the lease. F. The Pad Site Location Fee does not include any damages occurring outside the boundaries of the Pad Site Location and does not include any atypical, unplanned or unforeseen, long-term, irreparable damages occurring on the applicable Pad Site Location that cannot be corrected at the time of reclamation, and that were not originally accounted for in the predetermined estimate of damage costs. G. TAMUS may assess additional damages for areas outside the Pad Site Location such as drilling and reserve pits (pre-approval required on the use of pits), any laydown area, and any area of TAMUS property that is recognizably disturbed or rendered unusable by TAMUS for any period of time greater than 12 hours due to the Operations. H. All appurtenances not located within the boundaries of the Pad Site Location will require preapproval by TAMUS and separate easements or commercial surface leases. I. Caliche is NOT included in the Pad Site Location Fee. Any caliche removed from TAMUS property, except for reclaimed caliche, requires pre-approval from TAMUS and consideration. J. Any new road access to a location on TAMUS property requires pre-approval from TAMUS and consideration. K. A minimum of 72 hours advanced notification to the appropriate TAMUS personnel is required prior to any work beginning on TAMUS property. Failure to properly notify TAMUS may subject the lessee/operator to a penalty of $1,000 per occurrence. L. The Pad Site Location Fee is calculated at a rate of $0.10 per square foot of pad site area, up to an area of 200,000 square feet. For pad site areas greater than 200,000 square feet, the Pad Site Location Fee will be calculated at a rate of $0.11 per square foot of pad site area. M. The Pad Site Location Fee includes the drilling of a single wellbore, borehole or drill hole on the pad site location. Each additional wellbore, borehole or drill hole which is drilled from within the boundary of an existing Pad Site Location footprint will require an additional payment of $7,000 per each additional hole drilled. N. Damages for re-entry into a wellbore, borehole or drill hole on an existing Pad Site Location, but under a new lease, are calculated at a rate of $1.00 per foot of total measured depth of the well to be re-entered, including the horizontal section of the wellbore. 5 P age

O. After drilling operations are completed, a drilling pad site should be reduced to a production pad site of no more than two acres in area, unless otherwise approved in writing by TAMUS. VII. Geophysical Survey Permits Minimum consideration for a Geophysical Survey Permit is calculated at a rate of $25 per acre for 3-D surveys and at a rate of $4,000 per mile for 2-D surveys. VIII. Water Use Use of surface water and/or groundwater is prohibited unless expressly approved in writing by TAMUS. All requests for water use will be handled on a case-by-case basis. IX. Payment Information A. All consideration, fees and damages payments should be made payable to: THE TEXAS A&M UNIVERSITY SYSTEM B. Unless otherwise noted within this Schedule, the MINIMUM CONSIDERATION will be $500. C. Remit payment to: The Texas A&M University System Attn: System Real Estate Office 301 Tarrow Street, 6 th Floor College Station, Texas 77840-7896 (979) 458-6350 X. The Texas A&M University System Representatives (979) 458-6350 sreo@tamus.edu http://www.tamus.edu/legal/real-estate/ For oil and gas matters: John Sodolak Landman jsodolak@tamus.edu For all other matters: Melody Meyer Senior Real Estate Analyst melody@tamus.edu Eddie Zimmerman Senior Real Estate Analyst ezimmerman@tamus.edu 6 P age