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Declaration Of Covenants, Conditions &
Restrictions For Highlands Glen
3.7.5. Gas Well. On the date of this Declaration, land near Highlands Glen
is used for one or more gas wells, storage tanks, and gas pipelines.
Prospective owners and residents are encouraged to inform themselves
about aspects of being in close proximity to an active drill site, well operation,
and storage facility for natural gas or other minerals. Periods of drilling and
production on nearby land may produce an environment - such as noise,
odor, fumes, and dirt - that may temporarily affect the use and enjoyment of
the Property. By acquiring an ownership or occupancy interest in the
Property, each owner and resident acknowledges that Declarant, the
Association, and their respective directors, officers, committees, agents, and
employees have no control over uses of nearby land. No house lot may be
used as a drill site.
4.15. MINERAL INTERESTS. In the era in which this Declaration is written,
there is renewed interest in oil and gas exploration. On the date of this
Declaration, it is expected that all mineral Interests and water rights will have
been reserved by a prior owner of the Property or conveyed pursuant to one
or more deeds or other instruments recorded in the Real Property Records of
Denton County, Texas, including but not limited to rights to all oil, gas, or
other minerals and water lying on, in, or under the Property and surface
rights of ingress and egress. Because the instruments conveying or reserving
mineral interests and water rights were recorded prior to this Declaration,
those interests in the Property are superior and are not affected by any
provision to the contrary in this Declaration. By accepting title to or interest in
a lot, every owner acknowledges the existence of the mineral and water
rights and/or reservations referenced In this Section and the attendant rights
in favor of the owner or owners of the mineral interests.
APPENDIX D
TO DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS
FOR HIGHLANDS GLEN
NOTICE OF POSSIBLE OIL & GAS ACTIVITY AFFECTING THE
SUBDIVISION
Oil and natural gas are found in most parts of Texas, making Texas one
of the largest oil and gas producing regions on Earth in the era in which
Highlands Glen (the "Subdivision") is developed. As exploration and
development technologies evolve, new areas of the state become attractive
sources for exploration, drilling, and production. No one can guaranty where
the next promising oil or gas field will be located. Nor can anyone guaranty
that a particular location will never be used for oil or gas production.
Someday your home may be closer to an oil or gas well than you expect. Or
the nearby well that has been dormant for years may be revived. The
purpose of this Notice is to make you aware that Declarant, Builders, and the
Association have no control over, nor liability for, past, present, or future oil
and gas activities within or near the Subdivision.
As used in this Notice, the following terms have specific meanings:
- ”Fixtures" refers to existing, abandoned, or future pipelines, pipeline rights-
of-way, pipeline easements (collectively "pipeline"), drill sites, wells,
equipment, and facilities for the exploration, extraction, and transportation of
oil, natural gas, petroleum products, or other gases or liquids located near or
within a drill site or pipeline, whether now existing or created in the future.
- "Uses" means rights, including easements, to access, operate, inspect,
install, maintain, repair, and remove Fixtures, and the exercise of such rights
from time to time and at any time, by an owner or operator of a drill site or
pipeline.
- "We" and "Us" means, individually and collectively, Declarant, Builders, the
Association, and anyone affiliated with them, such as their respective officers,
directors, employees, agents, parent company, subsidiaries, affiliates, heirs,
personal representatives, successors, and assigns.
- "You" and "Your" refers to any person acquiring, owning, or occupying a lot
or any portion of the Subdivision, and the person's heirs, personal
representatives, successors, and assigns.
By contracting to purchase a lot, and by acquiring an ownership or
occupancy interest in a lot or any portion of the Subdivision:
YOU ACCEPT THE OBLIGATIONS AND CONSEQUENCES OF
OWNERSHIP AND OCCUPANCY, INCLUDING THE RISK THAT FIXTURES
AND USES MAY OR MAY NOT BE PRESENT WITHIN OR NEAR YOUR LOT
OR THE SUBDIVISION, NOW OR IN THE FUTURE, AND THE RISK THAT
THE FIXTURES AND USES MAY NOW OR AT ANY FUTURE TIME
NEGATIVELY AFFECT YOUR LOT OR THE SUBDIVISION, SUCH AS (by
way of example, without limitation)(1) YOUR HEALTH, SAFETY, OR
WELFARE, (2) QUIET ENJOYMENT OF YOUR LOT, (3) USE OF A
COMMON AREA FOR ITS INTENDED PURPOSE, (4) CONTAMINATION OF
SOIL, AIR, OR GROUNDWATER ON YOUR LOT OR IN THE SUBDIVISION,
AND (5) DIMINUTION OF VALUE OF YOUR LOT, OTHER PORTIONS OF
THE SUBDIVISION, OR PROPERTY NEAR THE SUBDIVISION.
YOU ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR DAMAGE TO
PROPERTY, PERSONS, OR OTHER BEINGS CAUSED BY FIXTURES,
USES, OR THE ACTIONS OR OMISSIONS OF ANY THIRD PARTY, SUCH
AS THE OWNER OR OPERATOR OF A DRILL SITE OR PIPELINE. YOU
RELEASE EACH OF US FROM ANY AND ALL COMPLAINTS, DEMANDS,
CLAIMS, CAUSES OF ACTION, LOSSES, DAMAGES, COSTS, INJURIES,
OR OTHER LIABILITY THAT YOU HAVE OR MAY HAVE, AT ANY TIME,
THAT RELATE IN ANY WAY TO ANY FIXTURE OR USE, PAST, PRESENT,
OR FUTURE
Drilling Around Roanoke
See Details > Neighbors for C Oil Investments LTD, who own land next to
Highlands Glen.
On 06 Jan, 2016, at 7:50 PM, David Sydow (Emerald Homes) wrote: What I
do know is that you don't have mineral rights and neither do we. There was a
natural gas pump about a block away, but it was decommissioned
several months ago. The plat map does show an oil company owning a
small section land east of the community. I was told they did all the testing
before we ever started building and that there was nothing there to drill for.
Drilling Locations and Oil Wells near Roanoke, TX
Titan Oil and Gas, Inc. has applied for a permit from the Town of Flower
Mound to drill on the Hilliard Air Field east of FM 2499, south of FM 3040.
See Locations on Area Map.
Public GIS Viewer, Rail Road Commission of Texas
National Pipeline Mapping System
- Texas State Profile and Energy Estimates,
US Energy Information Administration
Town Of Trophy Club, Texas Ordinance No. 2003-12 P&Z - An Ordinance
Of The Town Of Trophy Club, Texas, Adopting An Oil And Gas Well Manual
Establishing Regulations And Criteria For The Operation And Maintenance Of
Oil And Gas Wells Within The Town Of Trophy Club...
The City Of Southlake, Texas Ordinance No. 880-B An Ordinance Of The
City Of Southlake, Texas (“City”), Amending Ordinance 880-A “Oil And Gas
Well Drilling And Production”
Denton
City of Denton > Gas Well Locator
Denton Drilling Awareness Group > Frack Free Denton
Denton Stakeholders Dilling Advisory Group
Earthwork's Oil & Gas Threat Map
Mineral Rights
Oil & Gas Exploration and Surface Ownership, Rail Road Commission of
Texas
Regardless of whether the mineral estate and surface estate are held
by one owner or have been severed, Texas law holds that the mineral estate
is dominant. This means that the owner of the mineral estate has the right to
freely use the surface estate to the extent reasonably necessary for the
exploration, development, and production of the oil and gas under the
property. This right to freely use the surface estate for the benefit of the
mineral estate may be exercised by a company or individual that has taken a
mineral lease from the actual owner of the mineral estate.
Exceptions and Limitations The general rules regarding free use of
the surface to benefit the mineral estate may be changed by the specific
terms of the mineral lease covering the property or of the deed that severed
the mineral estate from the surface estate. In addition, many cities have
municipal ordinances restricting oil and gas activities on property within city
jurisdiction.
Who owns the mineral rights for our property?
Does Roanoke have "municipal ordinances" concerning oil and gas activities
on property within city jurisdiction?
Research Tools
Urban Drilling in Texas: New Law and New Rules
Landowners Guide to Pipelines and in .pdf
An Interstate Natural Gas Facility on My Land?
Federal Energy Regulatory Commission
Knowing and Protecting Your Rights When an Interstate Gas Pipeline
Protecting Your Rights When a FERC Regulated Interstate Pipeline,
Compressor Station or Other Gas Facility Comes to Your Community
Law Offices of Carolyn Elefant PLLC (LOCE)
Know Your Rights for Landowners along a proposed pipeline
How Can I Locate Who Owns the Mineral Rights Under My Land? @
MineralHub.com
Texas Municipal League, Legislative Policy Committee on General
Oil and Gas Well Regulation, including Fracking, page 81
Articles
in reverse Chronological order
Interactive map shows oil, gas health threat in Texas
Earthworks’ map shows that 2.3 million Texans live close enough
to drilling to be a concern
In Tarrant County, about 51,000 people live within a half-mile of oil
and
gas facilities
Fort Worth Star Telegram
Wednesday, 15 June 2016
UT study: Humans responsible for majority of quakes in state
Denton Record Chronicle
Wednesday, 18 May, 2016
Rule issued to lower methane emissions from fracturing
Denton Record Chronicle
Friday, 13 May, 2016
3.0-magnitude earthquake rattles Haslet, near Fort Worth
Alliance Airport and Texas Motor Speedway
The Dallas Morning News
December 17, 2015
Are Cancer Rates Elevated near Texas Fracking Sites?
State Investigation Falls Short of Answering Residents' Concerns
Natural Resources Defense Council Staff Blog
August 5, 2014
Soaring Natural Gas Production, New Pipelines And Private
The Diane Rehm Show
July 15 2014
Oil and gas industry blasts Flower Mound research, attacks
Dallas Business Journal
April 2, 2014
UT gas-drilling study: Texas health officials were ‘too quick
to dismiss cause of Flower Mound’s ‘cancer cluster’
The Dallas Morning News
March 31, 2014
Study: VOCs don't exceed health levels at Hillard site
The Leader
November 2, 2011
Denton Record-Chronicle
28 March 2011
Titan Industries got its permit for one of the most controversial
drilling sites to date. The permit was for the gas
drilling pad located on Hilliard Field, near the intersection of
FM2499 and FM3040.
In late November, TCEQ installed a monitor near the intersection
[C1007] of FM1171 and Shiloh Road and nearby gas
production sites.
The August 2010 study concluded that residential homes
valued over $250,000 that were immediately adjacent
to well sites can lose 3 percent to 14 percent in value.
Flower Mound gas drilling plan pits property rights against
The Dallas Morning News
10 July 2010
The site could accommodate up to 20 wells.
Organizations
Pipeline Safety Trust The Pipeline Safety Trust is a nonprofit public charity
promoting pipeline safety through education and advocacy by increasing
access to information, and by building partnerships with residents, safety
advocates, government, and industry, that result in safer communities and a
healthier environment.
Pipeline Safety Coalition [Chester County, PA] Our mission then and now
is: To gather and serve as a clearinghouse for factual, unbiased information;
to increase public awareness and participation through education; to build
partnerships with residents, safety advocates, government and industry; and
to improve pubic, personal and environmental safety in pipeline issues.
SafePipelines @ YahooGroups
Flower Mound Citizens Against Urban Drilling
Earthwork's Oil & Gas Threat Map
Federal Energy Regulatory Commission The Federal Energy Regulatory
Commission, or FERC, is an independent agency that regulates the interstate
transmission of electricity, natural gas, and oil. FERC also reviews proposals
to build liquefied natural gas (LNG) terminals and interstate natural gas
pipelines as well as licensing hydropower projects.
➜ Pipeline and Hazardous Materials Safety Administration, UD Department
of Transportation
Community Assistance & Technical Services