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HomeMy WebLinkAbout820006.tiff AR1910777 RESOLUTION RE: AUTHORIZATION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY OWNED BY WELD COUNTY, COLORADO, LOCATED IN SECTION 8, TOWN- SHIP 7 NORTH, RANGE 63 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO WHEREAS, the Board of County Commissioners of Weld County, via Colorado, pursuant to Colorado statute and the Weld County Home co Rule Charter, is vested with the authority of administering the ,=4 affairs of Weld County, Colorado, and in 0 3 WHEREAS, Weld County, Colorado is the owner of vast acres 0 c of mineral lands located in Weld County, Colorado, and cc WHEREAS, a portion of said mineral acres presently is not w r, cc leased, and 1 cc WHEREAS, said unleased mineral acres were put up for bid w CO to lease, and N 0 P- WHEREAS, Williams Exploration Co. , 3025 S. Parker Rd. , C+ I- cc V Aurora, Colorado 80014 , submitted the high bid to lease the u; following described mineral lands, to-wit: dij_ z Section 8, Greeley Third Line Barnesville ¢ North Railroad over and across the WzEi, Q � Township 7 North, Range 63 West of the Off ¢ 6th P.M. , Weld County, Colorado X s WHEREAS, said described parcel contains 22. 1 land acres WN O• and 22. 1 net mineral acres, more or less, and u_ WHEREAS, said mineral acres shall be leased for the total sum of TWO HUNDRED EIGHTY SEVEN and 30/100 DOLLARS ($287. 30) , together with ONE DOLLAR ($1. 00) per acre, which lease is to run for a period of three (3) years, commencing December 1, 1982, and ending December 1, 1985, and WHEREAS, Weld County desires to accept the high bid offer of Williams Exploration Co. to lease the above described mineral acreage. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the high bid offer of Williams Exploration Co. , 3025 S. Parker Rd. , Aurora, Colorado 80014, be, and hereby is, accepted for a period of three (3) years with the total sum being as above listed. tgOO�5S 820006 ISO O :J Page 2 C'} 4 RE: OIL & GAS LEASE - WILLIAMS EXPLORATION CO. o o 3 The above and foregoing Resolution was, on motion duly made .y, w and seconded, adopted by the following vote on the 1st day of ix cz December, A.D. , 1982. J ;e: CC BOARD OF COUNTY COMMISSIONERS 4 WELD COUNTY, COLORADO IN J S,bhn T. Martin, Chairman z c y Ch Carlson( Pro-Tem .74 rCC EXCUSED ;.. � Norman Carlson r- 0 t L'( e z C. W. Kir y c � �.. `�_FZEi�! `' ATTEST: &,iI ne K. St inmark s � . � _. M Weld Couy Cl erk and Recepder a and Clerk to the Board / � r By: yyin v �� � (6 -peputy County Clefk PRO AS TO*,FORM: e2 County Attorn DATE PRESENTED: December 6, 1982 ---,----- rocimonnnDUM pr tii To Wi11iams Rxp1nratitn Co. Dare January 17 , 1983 1 ii COLORADO From Clerk to the Board' s Office, Weld County, Colorado subject Oil & Gas Lease with Weld County Because your first copy of the oil and gas lease with Weld County did not have a commencement date on it, we have re-recorded this document. Please replace the first copy of the oil and gas lease with this copy. If you have any questions regarding this matter, please do not hesitate to contact us . Thank you, Tommie Antuna Deputy Clerk f_ • AR19. 4-e26 ' f//, WELD COUNTY. COLORADO OIL AND GAS LEASE 13 0986 RE::C: 01 91422.6 01 /13/83 09 : 53 $0.00 1 /003 I 1090 MARY ANN IE.::LIEE:RilE:::I:N Cll./DU & RI-LIRI)EEi WEI...P CU, CO THIS AGREEMENT made this 1st day of December, 1982, between Weld County, Colorado, a political subdivision of the State of Colorado, by the Board of County Commissioners, for its respective interests, C/0 Board of County Commis- sioners, Weld County Centennial Center, 915 10th Street, Greeley, olorado[80631,TLLessor (whether one or more), and Williams Exploration Co. 3025 S. Parker Rd. , Aurora L,C tO. Dollars ($ ). 1. lessor in consideration of TWO HUNRED ETC�I-ITY gc UVM AND L:30/100 287.30 in hand paid, of the royalties hereinprovided, and o h a t Lessee-herein contained, hereby grants, leases and lets exclusively unto Lessee for the purpose of investigating, exploring, prospecting, drilling and mining for and producing oil, gas and other hydrocarbons, laying pipe lines, building tanks, power stations, telephone lines and other structures thereon to produce, save, take care of, treat, transport and own said products, and housing its employees, (subject to all applicable Weld County Zoning Regulations), the following tract of land with any reversionary rights therein being situated in the County of Weld, State of Colorado, and described as follows: Township 7 North, Range 63 West, 6th P.M. Section 8: Greeley Third Line Barnsville North Railroad over and across the tfl▪ u W'E' ti - n o `) 22.1 acres, more or less ( 22.1 net mineral acres). and containing 44 Ow 2. Subject to the other provisions herein contained, this lease shall be for a term of years from this date ec 3 (called "primary term") and as long thereafter as oil, gas or other hydrocarbons, is produced from said land hereunder, 0 , or drilling or reworking operations are conducted thereon. *gist A 3. The royalties to be paid by Lessee are: (a) on oil , one-eighth of that produced and saved from said land, the CC same to be delivered at the wells, or to the credit of Lessor into the pipe line to which the wells may be connected; OLessee may from time to time purchase any royalty oil in its possession, paying the market price therefor prevailing LI for the field where produced on the date of purchase; (b) on gas, including casinghead gas or other hydrocarbon. sub- ii:.' x stance, produced from said land and sold or used off the premises or in the manufacture of gasoline or other products `_ 4 therefrom, the market value at the well of one-eighth of the gas so sold or used, provided that on gas sold at the , wells the royalty shall be one-eighth of the amount realized from such sale; on sulfur the royalty shall be fifty •- ;.s- cents (50t) per long ton. Lessee shall have free use of oil , gas, coal, wood and water from said land, except water from Lessor's wells, for all operations hereunder, and the royalty on oil and gas shall be computed after deducting e4 _1 any so used. If a well capable of producing gas in paying quantities is completed on the above described land and is G O shut in, this lease shall continue in effect for a period of one year from the date such well is shut in. Lessee or ':-... any assignee may thereafter, in the manner provided herein for the payment or tender of delay rentals, pay or tender e z to Lessor as royalty, on or before one year from the date such well is shut in, the sum of $100.00 per well, and, if *... L;.i such payment or tender is made, this lease shall continue in effect for a further period of one year. In like manner ^li- and upon like payments or tenders annually, made on or before each anniversary of the shut-in date of such well, this 4` "i lease shall continue in effect for successive periods of twelve (12) months each. Y rriii 4. If operations for drilling are not commenced on said land as ifereinafter provided, on or before one year from r` W this date, the lease shall then terminate as to both parties, unless on or before such anniversary date Lessee shall Nu. nay or tender to Lessor, and shall continue as the depository for ail rentals payable hereunder regardless of changes ✓ z in ownership of said land or the rentals either by conveyanceor by the net at incac t fd h or paiy) essor )o f L , t eh sum shall h e sum of 0' Z Twenty two and .10/100 -Collar(s) ($1.00 ) per ▪ C cover the privilege of deferring commencement of operations for drilling for a period of twelve (12) months. In like r manner and upon like payments or tenders annually the commencement of operations for drilling may be further deferred C3 Y for successive periods of twelve (12) months each during the primary term. The payment or tender of rental herein LU C referred to may be made in currency, or check at the option of the Lessee; and the depositing of such currency, or check in any post office, properly addressed to the Lessor, on or before the rental paying date, shall be deemed pay- t-1 ment as herein provided. The down cash payment is consideration for the lease according to n its terms and shall not N he allocated as mere rental for a period. Lessee may at any time execute and deliver to Lessor or place of record U Q" a release or releases covering any portion or portions of the above described premises and thereby surrender this lease as to such portion or portions and be relieved of all obligations as to the acreage surrendered, and thereafter ir+ '= the rentals payable hereunder shall be reduced in the proportion that the acreage covered hereby is reduced by said release or releases. 5. Should any well drilled on the above described land during the primary term before production is obtained be a dry hole, or should production be obtained during the primary term and thereafter cease, then and in either event. if operations for drilling an additional well are not commenced or operations for reworking an old well are not pur- sued on said land on or before the first rental paying date next succeeding the cesstionbofope duof ctionto, drill drilling or reworking on said well or wells, then this lease shall terminate unless Lessee, on re- sume the payment of rentals. Upon resumption of the payment of rental, Section 4 governing the payment of rentals, shall continue in force just as though there had been no interruption in the rental payments. If during the last year of the primary term and prior to the discovery of oil, gas, or other hydrocarbons on said land Lessee should drill a dry hole thereon, or if after discovery of oil, gas or other hydrocarbons before or during the last year of the primary term the production thereof should cease during the last year of said term from any cause, no rental payment or operations are necessary in order to keep the lease in force during the remainder of the primary term. If, at the expiration of the primary term, Lessee is conducting operations for drilling a new well or reworking an old well, this lease nevertheless shall continue in force as long as such drilling or reworking operations continue, or if, after the expiration of the primary term, production on this lease shall cease, this lease nevertheless shall continue in force if drilling or reworking operations are commenced within sixty (60) days after such cessation of production; if pro- duction is restored or additional production is discovered as a result of any such drilling or reworking operations, conducted without cessation of more than sixty (60) days, this lease shall continue as long thereafter as oil , gas, other hydrocarbons or other mineral is produced and as long as additional drilling or reworking operations are had without cessation of such drilling or reworking operations for more than sixty (60) consecutive days. 6. Lessee,at its option, is hereby given the right-and power to pool or combine the land covered by this lease, or any portion thereof, as to oil and gas, or either of them, with any other land lease or leases when in Lessee's judgment it is necessary or advisable to do so in order to properly develop and operate said premises, such pooling to be into a well unit or units not exceeding forty (40) acres, plus an acreage tolerance of ten per cent (10%) of forty (40) acres, for oil, and not exceeding six hundred and forty (640) acres, plus an acreage tolerance of ten per cent (lot) of six hundred and forty (640) acres, for gas, except that larger units may be created to conform to any spacing or well unit pattern that may be prescribed by governmental authorities having jurisdiction. Lessee may pool or com- bine acreage covered by this lease, or any portion thereof, as above provided, as to oil or gas in any one or more strata, and units so formed need not conform in size or area with the unit or units into which the lease is pooled or combined as to any other stratum or strata, and oil units need not conform as to area with gas units. The pooling in 8 0986 RFC 01 91 4226 01 /13/83 09 : 53 $0.00 2/003 i:: 1091 MARY ANN E-EuERSTEIN CLERK & RECORDER WELD CO, CO one or more instances shall not exhaust the rights of the Lessee hereunder to pool this lease or portions thereof into other units, Lessee shall execute in writing and place of record an instrument or instruments identifying and describ- ing the pooled acreage. The entire acreage so pooled into a unit shall be treated for all purposes, except the payment of royalties, as if it were included in this lease, and drilling or reworking operations thereon or production of oil or gas therefrom, or the completion thereon of a well as a shut-in gas well, shall be considered for all purposes, except the payment of royalties, as if such operations were on or such production were from or such completion were on the land covered by this lease, whether or not the well or wells be located on the premises covered by this lease. In lieu of the royalties elsewhere herein specified, Lessor shall receive from a unit so formed, only such portion of the royalty stipulated herein as the amount of his acreage placed in the unit or his royalty interest therein bears to the total acreage so pooled in the particular unit involved. Should any unit as originally created hereunder con- tain less than the maximum number of acres hereinabove specified, then Lessee may at any time thereafter, whether before or after production is obtained on the unit, enlarge such unit by adding additional acreage thereto, but the enlarged unit shall in no event exceed the acreage content hereinabove specified. In the event an existing unit is so enlarged, Lessee shall execute and place of record a supplemental declaration of unitization identifying and describing the land added to the existing unit; provided, that if such supplemental declaration of unitization is not filed until after production is obtained on the unit as originally created, then and in such event the supplemental U, declaration of unitization shall not become effective until the first day of the calendar month next following the ,? CJ filing thereof. In the absence of production Lessee may terminate any unitized area by filing of record notice of ".•• termination. `_ 7. Lessee also shall have the right to unitize, pool , or combine all or any part of the above described lands C with other lands in the same general area by entering into a cooperative or unit plan of development or operation A 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 IL • 3 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 s be satisfied by compliance with the drilling and development requirements of such plan or agreement, and this lease ' Ls! shall not terminate or expire during the life of such plan or agreement. In the event that said above described Rlands or any part thereof, shall hereafter be operated under any such cooperative or unit plan of development or O operation whereby the production therefrom is allocated to different portions of the land covered by said plan, then it the production allocated to any particular tract of land shall, for the purpose of computing the royalties to be ix paid hereunder to Lessor, be regarded as having been produced from the particular tract of land to which it is al- located 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 ,e upon request of Lessee. N _ 8. Lessee shall have the right at any time without Lessor's consent to surrender all or any portion of the 03 U leased premises and be relieved of all obligation as to the acreage surrendered. Lessee shall have the right at rr z any time during or after the expiration of this lease to remove all property and fixtures placed by Lessee on said v F-' land, including the right to draw and remove all casing. When required by Lessor, Lessee will bury all pipe lines W below ordinary plow depth, and no well shall be drilled within two hundred (200) feet of any residence or barn now CQ 'r ;q on said land without Lessor's consent. The Lessee agrees to promptly pay to the owner thereof any damages to crops, or improvements, caused by or resulting from any operations of Lessee. All disturbed portions of surface land are to be returned to original condition within time designated by Lessor. Nu! 9. The rights of either party hereunder may be assigned, in whole or in part, add the provisions hereof shall G extend to the heirs, successors and assigns of the parties hereto, but no change or division in ownership of the land, Z rentals, or royalties, however accomplished, shall operate to enlarge the obligations or diminish the rights of Lessee. No change in the ownership of the land or any interest therein, shall be binding on Lessee until Lessee shall be furnished with a certified copy of all recorded instruments, all court proceedings and all other necessary evidence �. of any transfer, inheritance, or sale of said rights. In event of the assignment of this lease as to a segregated oce cc portion of said land, the rentals payable hereunder shall be apportionable among the several leasehold owners ratably 'Q according to the surface area of each, and default in rental payment by one shall not affect the rights of other lease- hold Y owners hereunder. 'In case Lessee assigns this lease, in whole or in part, Lessee shall be relieved of all obli- i^ w gations with respect to the assigned portion or portions arising subsequent to the date of assignment. rrn T 0 .- 10. 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 (14 damages, for failure to comply therewith, if compliance is prevented by, or if such failure is the result of, any such Law, Oder, Rule or Regulation, or if prevented by an act of God, of the public enemy, labor disputes, inability - to obtain material, failure of transportation, or other cause beyond the control of Lessee. If during the term of this lease, oil or gas or other hydrocarbons is discovered upon the leased premises, but Lessee is prevented from producing the same by reason of any of the causes set out in this Section, this lease shall nevertheless be considered as producing and shall continue in full force and effect until Lessee is permitted to pro- duce the oil, gas and other hydrocarbons, and as long thereafter as such production continues in paying quantities or drilling or reworking operations are continued as elsewhere herein provided. 11. Lessor does not warrant title to said real estate or to the mineral interests in said real estate, however, it is agreed that if Lessor owns less than 100% of the minerals, then, and in that event, the royalties and rentals to be paid Lessor shall be reduced proportionately. 12. Not withstanding in a provision of this lease to the contrary, no operations shall be conducted on the above described land without the written consent of the Lessor. 13, Upon the termination of this lease in whole or in part by election or by failure to make payments as afore- said, Lessee or its assigns shall within thirty (30) days release by written instrument the land or portion thereof which said lease terminates, and said notice shall also be sent to Lessor giving the book and page number of said lease. It is expressly understood that this lease is subject to and controlled by any law of the State of Colorado now in effect restricting or limiting the powers of counties or boards of county commissioners, and any provision herein in conflict therewith shall be inoperative and void. 14. All of the provisions of this lease shall inure to the benefit of and he binding upon the parties hereto, their heirs, administrators, successors and assigns. B 0986 RE::c 01914226 01 /13/83 09 : 53 $0.00 3/003 F 1092. MARY ANN F'EMERSTEIN CLERK & RECORDER WELD CO, CO 15. This agreement shall be binding on each of the above named parties who sign the same, regardless of whether it is signed by any of the other parties. IN WITNESS WHEREOF, this instrument is executed on the date first above written. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO • ATTEST: c/ Weld County Clerk and Recorder Y7al and C1Erk to the Board • e LESSEE: Will lapis xp10d`ti0n Co. ^. cs By: Joe Gil , Attorney-in-Fact 0 0 S - STATE OF COLORADO • v )) 55. COUNTY OF ,.p ' Li! The foregoing instrument was acknowledged before me this 044,"14-day of O o.o�-�"'"� 1917 by >4114-14, O 3 My commission expires: Witness my hand and official seal. caBEffiti <////' 'f Aq �,• -• 4 14p P\ o ary u c ✓ CC CC Issaa N L 10 Beth Breithaupt x v , :� \C4 Notary Publio-State of Colorado UB ; 4 3025 So. Parker Road • Z OF Cg My Commission Expires: 9-9-84 N ✓ s CC i rr 0 ✓ Z Z r r M CJ O .- +r WILLIAMS EXPLORATION COMPANY," ONE OF THE WILLIAMS COMPA NIES September 20, 1982 Weld County Board of County Commissioners 915 10th Street Greeley, Colorado 80631 RE: Nomination of lands for leasing Township 7 North, Range 63 West A tract of land in Section 8, more particularly described below. ti Gentlemen: CJ C Williams Exploration Company respectfully nominates the following lands for bids for oil and gas leasing: Township 7 North, Range 63 West, Section 8: A parcel of land 400 feet in width, being 200 feet in width on each side of the center line of the main track of the Union Pacific Railroad, as surveyed, located and staked out across the SWINE*, WISE*. This tract is also known as the Greeley Third Line Barnsville North Railroad over and across the WWI of Section 8, Township 7 North, Range 63 West, Weld County, Colorado. Sincerely yours, Joe Graham Landman rjw HELM Cvdry COMMIS SEP: 1982 I'll GREELEY. COLA, I 3025 South Parker Road • Suite 600 • Aurora,Colorado 80014 • 303-696-0441 �,_.. _.._._____—.—.. -.._._..__..._. _ a • A4dit .. a ' is ,y, 1 t A $"-‘. I s ,' eswasseuru es �. e • '''' ''I Y sd • era llea NaeSasaelIlMwIA.'ersaaitlraeaaa+. No_/srif.7EE _1-test _ _ _ r, lode tale , dayof--t RAl�ITY DEED. tar mmg Ise hundred n and of the _. - -_ ---_ d_<ll/ - and state of Colorado,q •re I d the first part,sail/sun- _ Ce � - ,a rQ�•t,cr2 ter(.-der-owirsco.1:4...0,7 Cigrilten,I rikte, 7 - -of the seemed part: , 7-1?'NES8,y!TH, That the esid,.partt_Ec_.of the first part, for and in consideration of the sum of srATE OP COLORADO, a _ _ (ZltcarcQ�cY „� Comrrr,t Wero. # to - = d-" ;..car.1 "'` - -_DOLLARS, This Warn,nty/]7Deed wu for record.t ..-c c of fie 'p to h4pard by the eerier part ___of the axond part,the receipt -• o'clock am S. .ret0_. whereof is hereby confessed and acbmowledged, hmec.__granted, ILYL"'a—'."_'ed, sold and conveyed, and by thee presents do-- gent, bargain, sell, convey and confirm unto the said part r�.-.of the l •'{' � .' .. I ..arm:. ascend perk a�i.,QurGttelt7hia and assigns forever, all the following described lot_.-of_oC-pareel...of �� y - � _ land, situate, lying and being in the' - -- _..-p.n.s : -- - -- -------- -----Comfy of Weld. and State of Colorado, to-wit: A I}Lrip, piece or parcel of land four hundred (400) feet in width, being two hundred (200) feat 'l in width on each side of tam center lire of the main track of Union Pacing Railroad, as ('surveyed, located and staked out, through, upon, over and across the Southwest quarter of the Northeast quarter (SWA of NE.*) and the West half of the Southeast quarter (W. ' of SE.d) all in Section Eight (8), in township Seven (7) North of Rare Sixty throe (63) °:set of the iSixth Principal Meridian, containing an area of twenty two and one tenth (22.1) acres, more or leas. the Grantors herein holds this land under Homestead Entry No. 23574 05468, dated July li19t'h. 1906, and makes this conveyance under tie wovisaions of Section 2238 of the Compiled liStatutes of The United Stades 1901. Il I' TOGETHER with all and singular the hendit'ments and appurtenances thereunto belonging, or in anywise appertaining,and the reversiro ail reversions, remainder and remainders, rents, issues and profits thereof: and all the estate, right, title, interest, claim and demand whatsoever-d the. said part..st<.of the first part, either in law or equity, of, in and to the above bargained premises,with the hereditamente and appurtenance. TO HAVE AND TO H0I,p,the same premises above bargained and described,with She appu-tenances, unto... .. ✓:-lE.r . }a.t.f.,L__it...LC '_ jy.-f-s-;.-...-✓.-j- the said pieta. - of the second par(s�,.tLyrca&4ej.bliss and assigns forever. And the said _ ... . -. 1t'- C eaG v'• iG l4.' . r �<.arte-z..re.w--v -th ) part.css __of the first part. !or r1+.:...tlr -7%s.t-.. hefts, executors nd admm;ettaton, do____covenant, grant, bargain and agree to and with the said part ___of 'ia second pen,,m..,,c,2,c,,,;,o-_•,chees and assigns, that at the time of the easeehng and delivery of these presents/4,• _„yr.l-__--well Aired of tht premises above conveyed, r of g&,^",, l -- y, a:w it;r.sea r' r sir. ^.t'= cf . and haaiy-__good right, to] power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the name are free and clear from al. former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind_--A t nature soever;. and the above bargained premises, in the quiet and perceable possessiqn yi ther d pas-S24 of the second _ tries an :WIWI., against all and every person or persons IawLdly claiming or to laann I Wan fay pan thereof, the sad part.t:ep._of the part shs and will WARRANT AND FOREVER DEFEND. 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