HomeMy WebLinkAbout20061066.tiff RESOLUTION
RE: APPROVE REQUEST TO WAIVE BID PROCEDURE CONCERNING OIL AND GAS
LEASE AND ACCEPT OFFER TO LEASE MINERAL ACRE - NOBLE ENERGY
PRODUCTION, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,Noble Energy Production, Inc., 1625 Broadway,Suite 2000,Denver,Colorado
80202, has requested that the bidding procedure be waived according to the policy as set forth in
the Weld CountyAdministrative Manual for parcels less than five acres,on the following described
mineral acres:
Part of the E1/2 SE1/4 of Section 12, Township 6
North, Range 64 West of the 6th P.M.,Weld County,
Colorado, including all that part laying north of and
above the North Side Extension Ditch
WHEREAS,Noble Energy Production, Inc.,is offering to lease the above described mineral
acres, containing 3.0 mineral acres, more or less, and
WHEREAS,the Board finds that the lease offer from Noble Energy Production, Inc., in the
amount of Three Hundred Dollars($300.00), is acceptable, with the further terms and conditions
being as stated in said Oil and Gas Lease, a copy being attached hereto and incorporated herein
by reference.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the request of Noble Energy Production, Inc.,to waive the bidding procedure
on an Oil and Gas Lease concerning the above described mineral acres,be,and hereby is,granted.
BE IT FURTHER RESOLVED by the Board that the offer of Noble Energy Production, Inc.,
to lease mineral acres, as hereinabove stated, be, and hereby is, accepted.
2006-1066
LE0174
0, % (4 A/esec.e /pa{_ ay—a27—aim
WAIVE BID PROCEDURE - NOBLE ENERGY PRODUCTION, INC.
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 12th day of April, A.D., 2006.
BOARD OF COUNTY COMMISSIONERS
WEL COLORADO
ATTEST: e4L
Weld County Clerk to giEm
is,,,='
David . Long, Pro-Tem
C7<<
Deputy Clerk to the -rak V `\
- - Will H. Jerke
APPR AS .•
'Qkj\-D__
Robert D. Masden
t Attorney EXCUSED
Glenn Vaad
Date of signature: /)9-/a-OOtt,
2006-1066
LE0174
541
WELD COUNTY OIL AND GAS LEASE
(Small Tract)
THIS AGREEMENT,made and entered into this day of ,20_,by and between
WELD COUNTY, COLORADO, a political subdivision of the State of Colorado acting by and through the Board
of County Commissioners of the County of Weld, 915 10th Street, P.O. Box 758, Greeley, CO 80632,
hereinafter called Lessor, and: NOBLE ENERGY PRODUCTION, INC.
D tEtEl AcxEsicxgy, 1625 Broadway, Suite 2000, Denver, Colorado 80202
hereinafter called Lessee.
WITNESSETH, that Lessor,for and in consideration of the sum of$ 300.00 , cash in
hand paid, the receipt of which is hereby acknowledged, and the covenants and agreements hereinafter
described, has granted, demised, leased and let, and by these presents does grant, demise, lease and let
exclusively unto the said Lessee, the land hereinafter described, with the exclusive right for the purpose of
mining,exploring by geophysical and other methods,and operating for and producing therefrom; oil and all gas
of whatsoever nature or kind, with rights of way and easement for laying pipe lines, and erection of structures
thereon to produce, save and take care of said products, all that certain tract of land situated in the County of
Weld, State of Colorado, described as follows, to wit:
Section 12 Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado:
All that part of the E1/2SE1/4 laying North of and above the North
Side Extension Ditch.
and containing 3.0 acres, more or less.
1. It is agreed that the lease shall remain in force for a term of three(3)years from this date and
as long thereafter as oil or gas of whatsoever nature or kind is produced from said leased premises or on
acreage pooled therewith,or drilling operations are continued as hereinafter provided. If,at the expiration of the
primary term of this lease, oil or gas is not being produced on the leased premises or on acreage pooled
therewith but Lessee is then engaged in drilling or re-working operations thereon, then this lease shall continue
in force so long as operations are being continuously prosecuted on the leased premises or on acreage pooled
therewith; and operations shall be considered to be continuously prosecuted if not more than ninety(90)days
shall elapse between the completion or abandonment of one well and the beginning of operations for the drilling
of a subsequent well. If after discovery of oil or gas on said land or on acreage pooled therewith,the production
thereof should cease from any cause after the primary term, this lease shall not terminate if Lessee
commences additional drilling or re-working operations within ninety (90) days from date of cessation of
production or from date of completion of dry hole. If oil or gas shall be discovered and produced as a result of
such operations; at or after the expiration of the primary term of this lease, this lease shall continue in force
so long as oil or gas is produced from the leased premises or on acreage pooled therewith.
2. This is a PAID-UP LEASE. In consideration of the down cash payment, Lessor agrees that
Lessee shall not be obligated, except as otherwise provided herein, to commence or continue any operations
during the primary term. Lessee may at any time or times during or after the primary term surrender this lease
as to all or any portion of said land and as to any strata or stratum by delivering to Lessor or by filing for record
a release or releases, and be relieved of all obligation thereafter accruing as to the acreage surrendered.
3. In consideration of the premises the said Lessee covenants and agree to pay Lessor one-
eighth (1/8) of the proceeds received by Lessee, payable monthly, for the oil, gas and other hydrocarbons
produced and saved from the leased premises.
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4. Where gas from a well capable of producing gas is not sold or used, Lessee may pay or tender
as royalty to Lessor One Dollar per year per net mineral acre owned by Lessor and covered by this lease, such
payment or tender to be made on or before the anniversary date of this lease next ensuing after the expiration
of 90 days from the date such well is shut in and thereafter on or before the anniversary date of this lease during
the period such well is shut in. If such payment or tender is made, it will be considered that gas is being
produced within the meaning of this lease.
5. If said Lessor owns less than the entire oil and gas fee simple estate in the above described
lands, then the royalties(including any shut-in gas royalty)herein provided for shall be paid to the said Lessor
only in the proportion which Lessor's interest bears to the entire oil and gas mineral fee simple estate.
6. Lessee shall have the right to use, free of cost or royalty,gas, oil and water produced on said
land for Lessee's operations thereon, except water from the wells of Lessor.
7. When requested by Lessor, Lessee shall bury Lessee's pipe lines below plow depth.
8. No well shall be drilled nearer than 200 feet to any occupied building on said premises without
the written consent of Lessor.
9. Lessee shall have the right at any time to remove all of Lessee's machinery and fixtures placed
on said premises, including the right to draw and remove casing.
10. The rights of Lessor and Lessee hereunder may be assigned in whole or in part. No change
in ownership of Lessor's interest(by assignment or otherwise)shall be binding on Lessee until Lessee has been
furnished with notice, consisting of certified copies of all recorded instruments or documents and other
information necessary to establish a complete chain of record title from Lessor, and then only with respect to
payment thereafter made. No other kind of notice, whether actual or constructive, shall be binding upon
Lessee. No present or future division of Lessor's ownership as to different portions or parcels of said land shall
operate to enlarge the obligations or diminish the rights of Lessee, and all Lessee's operations may be
conducted without regard to any such division. If all or any part of this lease is assigned, no leasehold owner
shall be liable for any act or omission of any other leasehold owner.
11. Lessee, at its option, is hereby given the right and power at any time and from time to time
as a recurring right, either before or after production, as to all or any part of the land described herein and as
to any one or more of the formations hereunder, to pool or unitize the leasehold estate and the mineral estate
covered by this lease with other land, lease or leases in the immediate vicinity for the production or oil and gas,
or separately for the production or either,when in Lessee's judgment it is necessary or advisable to do so, and
irrespective of whether authority similar to this exists with respect to such other land, lease or leases.
Likewise, units previously formed to include formations not producing oil or gas may be reformed to exclude
such non-producing formations. The forming or reforming of any unit shall be accomplished by Lessee
executing and filing of record a declaration of such unitization or reformation, which declaration shall describe
the unit. Any unit may include land upon which a well has theretofore been completed or upon which operations
for drilling have theretofore been commenced. Production, drilling or reworking operations or a well shut in for
want of a market anywhere on a unit which includes all or a part of this lease shall be treated as if it were
production, drilling or reworking operation or a well shut in for want of a market under this lease. In lieu of the
royalties elsewhere herein specified, including shut-in gas royalties, Lessor shall receive on production from
the unit so pooled royalties only on the portion of such production allocated to this lease; such allocation shall
be that proportion of the unit production that the total number of surface acres covered by this lease and
included in the unit bear to the total number of surface acres in such unit. In addition to the foregoing, lessee
shall have the right to unitize, pool or combine all or any part of the above described lands as to one or more
AMU MMUUU 1111111111 11111 MI MI III 11111 IIII �II� M:ICTBICTBFORMS\Fooilgas.wpd
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Oil and Gas Lease - Small Tract
Page 3
of the formations thereunder with other lands in the same general area by entering into a cooperative or unit plan
of development or operation approved by any governmental authority and,from time to time,with like approval,
to modify, change or terminate any such plan or agreement and, in such event, the terms, conditions and
provisions of this lease shall be deemed modified to conform to the terms, conditions and provisions of such
approved cooperative or unit plan of development or operation and, particularly, all drilling and development
requirements of this lease, express or implied, shall be satisfied by compliance with the drilling and
development requirements of such plan or agreement, and this lease shall not terminate or expire during the
life or such plan or agreement. In the event that said above described lands or any part thereof shall hereafter
be operated under any such cooperative or unit plan of development or operation whereby the production
therefrom is allocated to different portions of the land covered by said plan,then the production allocated to any
particular tract of land shall, for the purpose of computing the royalties to be paid hereunder to Lessor, be
regarded as having been produced from the particular tract of land to which it is allocated and not to any other
tract of land; and the royalty payments to be made hereunder to Lessor shall be based upon production only
as so allocated. Lessor shall formally express Lessor's consent to any cooperative or unit plan of development
or operation adopted by Lessee and approved by any governmental agency by executing the same upon
request of Lessee.
12. All express or implied covenants of this lease shall be subject to all Federal and State laws,
executive orders, rules or regulations, and this lease shall not be terminated, in whole or in part, nor Lessee
held liable in damages, for failure to comply therewith, if compliance is prevented by, or if such failure is the
result of, any such law, order, rule or regulation.
13. Lessor does not warrant title to the leased premises, but it shall, upon request, allow Lessee
access to such abstracts and other title papers as it has in its files. Lessee shall have the right at any time
to redeem for Lessor, by payment, any mortgages, taxes or other liens on the above described lands in the
event of a default of payment by Lessor, and be subrogated to the rights of the holder thereof.
14. Lessee shall indemnify Lessor against all liability and loss, and against all claims and actions,
including the defense of such claims or actions, based upon or arising out of damage or injury,including death,
to persons or property caused by or sustained in connection with operations on this leased land or by
conditions created thereby, or based upon any violation of any statute, ordinance or regulation.
15. Upon failure or default of Lessee to comply with any of the terms and provisions hereof
including but not limited to the failure to comply with laws, rules and regulations covering Colorado oil and gas
operations, Lessor is hereby authorized upon notice and hearing, as hereinafter provided, to cancel this lease
as to all of the leased land so claimed or possessed by Lessee hereunder. In the event of any such default
or failure, Lessor shall, before making any such cancellation, send to Lessee by certified mail,to the post office
address of said lessee as shown by the records of Lessor, a notice or intention to cancel for such failure or
default, specifying the same, stating that if within thirty(30) days from the date of mailing said notice, Lessee
shall correct such failure or default, no cancellation will be made. If such failure or default is not corrected with
thirty(30)days after the mailing of such notice, and if Lessee does not request a hearing on such notice within
thirty (30) days, this lease will terminate and be canceled by operation of the paragraph without further action
by Lessor, or further notice to Lessee.
16. All of the provisions of this lease shall be binding upon the heirs, personal representatives,
successors and assigns of Lessor and Lessee.
17. Lessee shall not conduct operations of any kind upon the surface of the lands herein described
without the express written consent of Lessor.
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Oil and Gas Lease - Small Tract
Page 4
IN WITNESS WHEREOF, Lessor has hereunto signed and caused its name to be signed by the
CHAIR, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, with the seal of the office
affixed, and Lessee has signed this agreement, the day and year first above written.
BOARD OF COU COMMISSIONERS
WELD ELD COON , COLORADO
ATTEST: gigu ps{..„ M. J. Geile
¢TiafiF,$'rd of County Commissioners
Weld County Clerk to the Board 04/12/2006
By: ILt I atttC ,t v
D ty Cle t to the Board
Imo= E lle,
LESSEE:
imi �1
:z �" NOBLE ERGY PRO ION, INC.
ojii `
` r
Neu N S/ D id W. Si e, Attorney-In-Fact /11/.�/
STATE OF COLORADO )
City and ) ss
COUNTY OF Wan DENVER )
10.6 The foregoing instrument was acknowledged before me this / 7 day of marcicucluglc January
20 Wfr r by David W. Siple, Attorney-In-Fact for Noble Energy Production, Inc.
Witness my hand and official seal.
Pfivt
Notary Publi
KATHRYN P f u �:�
M
My Commission Expires: �NOTPG r Pt Iht
STATE OF COLORADO
MY CO i'MiSSIOa` E XPiRES 2!‘,:y1
111111 IIIU In 1111111111111111111111 11111 It IIII
3381547 04/24/2006 01:14P Weld County, CO
4 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
M:1CTBICTB FORMS1Fooi Igas.wpd
(Revised 11/2000)
,wcc /Ce6
1625 Broadway �^ noble
Suite 2000 .i
Denver,Colorado 80202 energy
Tel:303.389.3600
Fax:303.389.3680 noble energy production,inc. - ..
a subsidiary of noble energy,inc.
October 11, 2005
Weld County
Attn: Carol Harding
Clerk to the Board's Office
P.O. Box 758
Greeley, CO 80632
RE: Oil and Gas Lease Application
Township 6 North, Range 64 West, 6th P.M.
Section 12: Part of E/2SE/4
Weld County, CO
Dear Ms. Harding:
Noble Energy Production, Inc. would like to obtain an Oil and Gas Lease from Weld
County on the following described lands:
Township 6 North, Range 64 West, 6th P.M.
Section 12: All that part of the E/2SE/4 lying North of and above
The North Side Extension Ditch.
Containing 3.00 acres, more or less
Please send your Oil and Gas Lease application form to my attention at the letterhead
address.
Thank you for your attention to this request.
Very truly yours,
NOBLE ENERGY PRODUCTION, INC.
Debra A. Wittke
Landman
1625 Broadway noble
Suite 2000 119,
Denver,Colorado 80202 energy
Tel: 303.389.3600
Fax: 303.228.4280 noble energy production,inc.
a subsidiary of noble energy,inc.
March 2, 2006
Clerk to the Board of Weld County
Attn: Carol A. Harding
P.O. Box 758
Greeley, CO 80632
RE: Small Tract Lease Offer
Township 6 North, Range 64 West 6`b P.M.
Section 12: Part of the E/2SE/4
Weld County, CO
Dear Ms. Harding:
Enclosed are two (2) originally executed Weld County Oil and Gas Lease (Small Tract)
applications which have been executed on behalf of Noble Energy Production, Inc. •
Noble offers $300.00 consideration for the 3.0 acre tract described as: All that part of the ,
E/2SE/4 laying North of and above the North Side Extension Ditch in Section 12, . •
Township 6 North, Range 64 West.
Please place this lease on the Board's agenda for consideration. Thank you for your
attention to this lease offer. If you have any questions please call me at 303-228-4067.
Very truly yours,
NOBLE ENERGY PRODUCTION, INC.
Debra A. Wittke
•
Landman
Enclosure
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext.4225
FAX: (970) 352-0242
P. O. BOX 758
O GREELEY, COLORADO 80632
•
COLORADO
October 12, 2005
Debra Wittke
Noble Energy
1625 Broadway, Suite 2000
Denver, Colorado 80202
RE: Small Tract Lease Application
Dear Ms. Wittke:
Enclosed is a Small Tract Oil and Gas Lease form used by Weld County for those acreages
less than 5.0 acres. The date will be filled in upon acceptance by the Board of County
Commissioners. If you agree with the terms of the contract, please fill in the amount offered in
the appropriate place and have the proper individual sign the contract (with notarization). When
you return it to me, I will place it on the Board's regular agenda for consideration.
If you have questions or need additional information, please do not hesitate to contact me at
(970) 336-7215, Extension 4217.
Very truly yours, /
If
Carol A. Harding
Office Manager Coordinator
Enclosure
1,. V.- /17
1625 Broadway tl�� noble
Suite 2000
9, energy
l/
Denver,Colorado 80202
Tel:303.389.3600
Fax: 303.228.4280 noble energy production,inc.
a subsidiary of noble energy,int.
April 5, 2006
Clerk to the Board of Weld County
Attn: Carol A. Harding
P.O. Box 758
Greeley, CO 80632
RE: Small Tract Lease Offer
Township 6 North,Range 64 West, 6`' P.M.
Section 12: Part of the E/2SE/4
Weld County, CO
•
Dear Ms. Harding:
On March 2, 2006,Noble Energy Production, Inc. ("Noble") sent two (2) originally
executed Weld County Oil and Gas Lease(Small Tract) applications with an offer of
$300.00 consideration for the 3.0 acre tract in Section 12, Township 6 North, Range 64
West. Noble is now sending a check in the amount of$300.00 with the request that this
lease offer be placed on the Board's agenda for consideration.
Thank you for your attention to this lease offer. If you have any questions please call me
at 303-228-4067.
Very truly yours,
NOBLE ENERGY PRODUCTION, INC.
/0-elqAt
Debra A. Wittke
Landman
Enclosure
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