San Antonio Texas Subsurface Underground Storage Lease and Agreement (From a Surface Owner, With No Right ot Use the Surface of the Lands being Granted)

State:
Multi-State
City:
San Antonio
Control #:
US-OG-1151
Format:
Word; 
Rich Text
Instant download

Description

This form is a subsurface underground gas storage lease and agreement from a surface owner with no rights to use the surface of the lands being granted.

San Antonio Texas Subsurface Underground Storage Lease and Agreement is a legally binding contract that allows a person or entity to lease the underground storage space from a surface owner in San Antonio, Texas. This agreement is specifically designed for situations where the lessee has no right to use the surface of the lands being granted. The primary purpose of this lease and agreement is to provide a framework for utilizing subsurface areas for storage purposes while ensuring the surface owner retains control and ownership over the land above. It outlines the rights, responsibilities, and obligations of both parties involved to ensure a mutually beneficial relationship. Key provisions typically included in the San Antonio Texas Subsurface Underground Storage Lease and Agreement (From a Surface Owner, With No Right OT Use the Surface of the Lands being Granted) can include: 1. Description of Parties: This section identifies the surface owner (lessor) and the lessee who desires to lease the subsurface area for storage. 2. Grant of Storage Rights: The agreement specifies the exact subsurface area being leased, along with the type of materials or goods permitted to be stored within. 3. Term and Renewals: The lease outlines the duration of the agreement, including any renewal options or termination clauses. 4. Rental Payments: This section details the payment terms, including the amount, frequency, and manner of payment for utilizing the subsurface space for storage purposes. 5. Maintenance and Repairs: Both parties' responsibilities regarding maintenance, repairs, and insurance of the subsurface storage area are specified to ensure the preservation and protection of the land. 6. Indemnification and Liability: The agreement establishes the lessee's liability for any damage caused to the land or any third parties, along with necessary insurance requirements. 7. Compliance with Laws and Regulations: This section ensures that the lessee must comply with all applicable laws, regulations, and permits related to the storage activity. Different types of San Antonio Texas Subsurface Underground Storage Lease and Agreement (From a Surface Owner, With No Right OT Use the Surface of the Lands being Granted) may exist depending on the specific needs and nature of the subsurface storage. Some potential variations could include agreements for storing hazardous materials, petroleum products, natural gas, or any other goods that require special permits or considerations. It's essential to consult with a qualified legal professional to tailor the lease and agreement to the unique circumstances of the storage requirements and ensure compliance with local laws and regulations.

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FAQ

Surface Lease: provides an exclusive right to use or occupy the surface of lands required for operations within a contract area. Right of Way: provides an easement in lands, or a right to cross over lands, as required for operations within a contract area.

Get your deed. If you do not already have a copy, then go to the county Recorder's office and get a copy. Look to see if you were conveyed fee simple title to the property. If mineral rights are owned wholly or in part by someone else, then the deed should note that fact.

As a general rule of thumb, you can expect to sell mineral rights in Texas for 4 years to 6 years times the average monthly income.

Mineral Lessee's Implied Right to Use the Surface Estate Under Texas law, this right allows that oil company to use as much of the surface estate as is reasonably necessary for mineral exploration and production. This right is implied in the mineral lease and requires no permission or consent from the surface owner.

Surface rights are, as the name implies, the rights to the surface area of a piece of land. This includes any structures on the property, as well as the rights to farm the land or exploit aboveground resources such as trees, plants, or water according to local laws and ordinances.

The broadest contractual limitation is a surface waiver agreement through which the owner of the mineral estate waives the right to use the surface of the land where the project is located. Mineral owners may not be inclined to sign such a broad limitation.

A mineral reservation is a severed subsurface parcel in separate ownership from the rest of the land. Prior owners could have sold minerals to a third party or leased it for the purpose of extracting something and collecting rent and royalties.

A surface use agreement, which is also sometimes referred to as a land use agreement, is an agreement between the landowner and an oil and gas company or an operator for the use of the landowner's land in the development of the oil and gas.

Mineral rights in Texas are the rights to mineral deposits that exist under the surface of a parcel of property. This right normally belongs to the owner of the surface estate; however, in Texas those rights can be transferred through sale or lease to a second party.

Mineral rights are a form of real property, and they are governed by the same principles of marital property law as other real estate. If the mineral rights were owned before marriage, they are separate property.

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Controlling and limiting the rights of the mineral owner to use of the property's surface. I. The Oil and Gas Lease.Iii. Executive Lease Rights iv. , it is understood and agreed that this sale is made subject to said lease,. That "in the industry no difference is made in the leasing rates applicable to surface land over the reservoir area versus land located. (severance not allowed). AN ORDINANCE 2 0 0 8 - 0 1 - 1 0 - 0 0 1 0. Acquisition of a subsurface energy storage easement may be needed if significant liability is foreseen or if intentional interference.

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San Antonio Texas Subsurface Underground Storage Lease and Agreement (From a Surface Owner, With No Right ot Use the Surface of the Lands being Granted)