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HomeMy WebLinkAboutSS6 - Subsurface Pass-Through AgreementsSUBSURFACE PASS - THROUGH AGREEMENTS :m Easements are for oil- drilling, pass - through and production • 146 agreements, most date from 1981 None have been renegotiated City pays a percentage of the oil revenues to the parcel owners on a semi - annual basis for the easement. Properties are located in West Newport ABOUT THE AGREEMENTS AN.. �+ .r City must twice yearly pay the Grantor a proportionate share (based on the ratio of Grantor's property to the total square footage of the properties) of 3.275% of the market value of all oil, gas and other hydrocarbon substances produced by the oil wells described in the Agreements. Easement Payments In 2009: City made semiannual payments in amounts, which ranged approximately from $18.38 to $221.28 per payment, per parcel. City paid a total of $39,627.23 (but this amount includes some retroactive payments). City paid an average of $111.63 per parcel. i What That Means Easement payments run with the land, but under the terms of the agreements, City is obligated to pay the grantors named under the easement agreements, unless notified otherwise. Who City Should Pay City is not obligated to pay the new owners unless notified - a rare occurrence Some parcels have been subdivided, creating confusion about payments Some owners claim they reserved their easement rights New owners want payments retroactive to date of ownership from City Easement Agreement Issues Although not obligated to, City has tried to recover, with some success, payment made to previous owners on behalf of current owners City continues to analyze the reservation of easement rights to determine whether they are appropriate Resolutions to Current Issues 192 parcels: 1 owner granted a permanent easement to the City upon a one -time payment 38 owners who are party to the original easement agreements are still the parcel owners 108 owners are paid by City even though they do not have easement agreements because they are current parcel owners and the previous owners did not properly reserve the easement rights Parcel Owners 18 current parcel owners must pursue payments from previous parcel owners 1 previous owner no longer owns the property but is still receiving payments because they may have properly reserved their easement rights 4 other previous owners claim to have reserved their easement rights, and City is currently reviewing their claims Parcel Owners City will attempt to negotiate the outright purchase of the easements alleviate the administrative issues minimize potential future liability - clean the title record and City maintains City's rights to the easements How We Proceed City shall hire an appraiser to evaluate the easement values City shall return to Council for direction on the easement purchase negotiations once the easement values have been determined Purchase Agreements for those willing to sell Update Agreements for those not willing to sell How We Proceed