HomeMy WebLinkAbout820009.tiff AR1879729 B 09C SEC 01879729 01 /12/02 1 --9 .'. $0.00 1 /002
MARY 'NN I F: .11:::I '>11:.:I:N, CLERK & RrrunDER, WELD COUNTY, CO
RESOLUTION
RE : AUTHORIZATION OF OIL AND GAS LEASE COVERING CERTAIN
PROPERTY OWNED BY WELD COUNTY, COLORADO LOCATED IN PART
OF SECTION 33, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE
6TH P.M. , WELD COUNTY, COLORADO
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, Weld County, Colorado is the owner of vast acres
of mineral lands located in Weld County, Colorado, and
WHEREAS, a portion of said mineral acres presently is not
leased, and
WHEREAS, Energy Minerals Corporation, 1000 Security Life
Building, Denver, Colorado 80202 , has offered to lease the
following described mineral lands, to-wit:
The Southwest quarter of Section 33 , Township
5 North, Range 66 West of the 6th P.M. , Weld
County, Colorado
WHEREAS, said described mineral acres contain 160 land
acres, which contain 160 net mineral acres, more or less, and
WHEREAS, said mineral lands shall be leased for the total
sum of Fifteen Thousand Two Hundred and No/100 Dollars
($15, 200. 00) together with One Dollar ($1. 00) per acre, which
lease is to run for a period of three (3) years, commencing
January 6 , 1982 and ending January 5, 1985 , and
WHEREAS, Weld County is desirous of accepting said offer
to lease the above described mineral acreage.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado that the offer of
Energy Minerals Corporation, 1000 Security Life Building,
Denver, Colorado 80202 , be, and hereby is, accepted for a
period of three (3) years.
The above and foregoing Resolution was , on motion duly
made and seconded, adopted by the following vote on the 6th
day of January, A.D. , 1982 .
L }�,^[�{
820009
B 095e REC 0187972 2 , 01 /12/82 14 : 02 $0.0(7'^ 2/002
MARY ANN FEUE:RSTE_IN, CLERK & RECORDER, WELD CL @TY, CO
Page 2
RE : OIL & GAS LEASE - 33-5-66
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Ir1 )
/< 1,v/ 22 a%`..eyv (Aye)
hn T. Martin, Chairman
., (A e)
C ck Carlson, �ro-Tem
0/�0,47.. (Aye)
Norman �C/�arlson ,
// d (Aye)
W. Kirby /
A e)
- ne Steinmark
n ]
ATTEST: t •M.u//��. wF .y...a, '.4.C ttar!a.:ry
Weld County Clerk and Recorder
and Clerk to the Cler
BY: , 'p (
Lfv L.ti t—t i If,LA1—Cc^1
eputy County Clerk
APPROVEb AS TO FORM C 7County Attorney
DATE PRESENTED: JANUARY 11, 1982
1-r-
AR1871730 _ -
It 0958 RE:C 01 879 r:.0 01 /1 '2/82 1 4 : 03 $0 JO 1 /003 rn,—
MARY ANN FEUERSTEIN, CLERK & RECORDER, WELD COUNTY, CO
• WELD CO',NTY. COLORADO OIL AND CAS LEASE
1982 between Weld County, Coioraot. a political subdivision r`
fII roiorT o, b this card of CoJanuaryyrespective interests, :/0 ;card of Count; -onris-
•lo State of Colorado, by the Board of County Comm? e for its
63531 , Lessor ;whether one or score), anc
s��oners, Weld Cbunty Centennial Center, 915 10th Street, Greeley, ,��,yE5SETH:
Energy Minerals Corporation,1000 r, uuiau2U
Life 81 see,
Denver, Dollars ($15,200.00 -
1. a'd. o in consideration ols ofFifteenn thousand two hundred mendofe e00/100 leases
in hand cz�d, of the royalties herein provided, and of the agreement of le°see herein contained, hereby grants,
nd
end lets exp'usively unto Lessee for the purpose of iinnve'tigating,dexo1ing orino. prospecting, d,illingh and linin mining
s and other
!roducing oil , gas anc other hydrocarbons, 'ay' 0b and housing l its i es and e ot,
•ructures t ereon to produce, save, take care of, treat. trarspprt end own said products,
• (subject ine' al' auated in Weld County t ?Weld, ReState of Ci , '•le following tract of land with any revert lcrar: 'ients
therein :e�rc situated in the County of Weld, State of C� lora^g, and cis ci bed as fellows:
Township 5 North , Range 66 West of the 6th P . M
Section 33 : SW/4
acres, more or less ( 1 6(t _ net mineral acres).
and containing 160 —
2. Subject to the other provisions herein contained, this lease shall be for a tern of 3 years from this date
(called "primary term") and as long thereafter as oil , gas or other hydrocarbons, is produced from said land hereunder.
or drilling or reworking operations are conducted thereon. h g
3. The royalties to be paid by Lessee are: (a) on oil , one-eighth
e-ei hth of that produced and saved from said land, the same be deliered at the nto the pipe Lessee may fromv time to timew purchase annys royaltyi oil ells, or the credt f in its s possession, paying,the market to which s he wells price therefore prevailing
for the field where produced on the date of purchase; (b) on gas, including casinghead gas or other hydrocarbon sub-In therefrom,otheemarket values ate theandwellsold ofosone-eighthused off the
of premises
sossoldthe
or used,a prov ded that of tl one or oas soldsats thesis
wells the royalty shall be one-eighth of the amount realized from such sale; on sulfur
lfurrthe
sroyaltyl shall except fty
ty ter
cents (50d) per long ton. Lessee shall have free use of oil , gas, coal ,
from Lessor's wells, for all operations hereunder, and the royalty on oil and gas shall be computed after deducting
bed nd sany ed. If ahuts onus this leasew shalla continue ino effectfor ell cpable of prducing gas in period,of quantities one year from thecompleted on the above
date sucnwellisd shut s la in. esseed is
or
any assigee may fr the ent or of ay ls, pay or if
to Lessors as royalty,,on s or s before in the one masyear fromd then datener provieereis succh well pismShut in, the ssum of i 5100.003 per well , and, of
ffec r a er e r. In ike nnr
ands upayment or tender is mae, tis leasepon like payments or tendersh annually,s made on or before,each s anniversary ofof period s
hall ctiue inthe shut-ins date of such a well , this
lease shall continue in effect for successive periods of twelve (12) months each.
nafter ded, on or one ar 4. If the n lease d shall drilling
terminate are ast s to both a on parties, unles land s on e or s before such s anniversary b date,Lessee,shall
this y date,
nay or tender to Lessor, and shall continue as the depository for all rentals payable hereunder regardless of of
changes
in ownership of said land or the rentals either by conveyancer or n by
t mineral death
ac or incapicity of l ofd Lessor,sor,)the
hehsum
shall
h ,,�l / (�(i Dollar(s) 0 1 . 00) p
O n e t"ov�rdrne privilege muf uPf4rr c1 6Vncement of operations for drilling for a period of twelve (12be) months. In like
forssuccessives periodsa of twelve (12)emonthsu each duringn the primary f term.operations The payment s orlling may tender of rental herein
deferred
herein
referred to may be made in currency, or check at the option of the Lessee; and the depositing of such c be urrency, or
mentkashhany pst office, rerly ereinoprovided. The down cash,payment is ssed to e consideration Lessor, on s for t the lease ore the saccording ntal sto its terms g date, land shall not
Ynot
he allocated as mere rental for a period. Lessee may at any time execute and deliver to Lessor or place of record
a release or releases covering any portion or portions of the above described premises and thereby surrender this s the n r as to such entals payable s hereunder shall s besreduced be l in the proportion ed of all s that s the n acreage covered hereby the acreage d isereduced, and sbys said
release or releases.
S. Should any well drilled on the above described land during the primary term before production is obtained be m and ia dry f operationssforodriillinguanion additionale iwelldareng not commenced ore primary soperationseforer cease,reworkingsan old well and in eareer not pur-
sued on said land on or before the first rental paying date next succeeding the cessation of production or drilling
or reworking on said well or wells, then this lease shall termina
te tenunless seLessee, on or onvornbeg ree said
dmda t of shall re,
sume the payment of rentals. Upon resumption of the. payment the last ofshllofd then pontinue in frce justrimary termo andprior to ss therdiscoveryhouh there ad ofb oil,eens gaso r,sorsothern in the hydrocarbons a payents. If
nd land Lessee s should drillyaar
dry hole thereon, or if after discovery of oil , gas or other hydrocarbons before or during the last year of the
urinary 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 ns for lease primary
continue in in force asee is long as such a drilling or s reworking ew operations perations continueell or , or if an , after then
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;
pro-
duction is restored or additional production is discovered as
a result
th shall any
nyn suchedrilling
g thereafter reworking
soperationa
ons.
conducted wrtnout cessation of more than sixty (60) days, this lease
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 dev
p and
operat
e
f id pr e cent
said miss. (10%) of such pooling
to
be into a well unit or units not exceeding forty (40) acres, D lus an acreage
an acreage teneperce of ten per cent
y
(40) acres, for oil , and not exceeding six hundred and forty (640) acres, plus
(10C) of six hundred and forty (640) acres, for gas, except that larger units may be created to conform to an or y spacing
or well unit pattern that may be prescribed s y portion authoritis provided,i as todiction.on gaLessee e nmay ynpool orrcom-
ssre a,rande covered by this lease, any
combined as to y any s other stratumor need s strata, in and oil, or unitssea needi not e conform as units
which the
gas units. The n pooled pooling or
RECORDERS MEMORANDUM
AT THE TIME OF RECORDATION, THIS IN-
STRUMENT WAS FOUND TO BE INADEQUATE
FOR TI IE BEST PHOTOGRAPHIC REPRODUCTION
BECAUSE OF ILLEGIBILITY, CARBON OR PHOTO
r{ 0)958 RE::C L .:1797:307 01 /12/82 14 : 03
$0.00 ._'J070):3
MARY ANN I-EIJERSTEI..N, CLERK & RECORDER, WELT? COUNTY , CO
A
one or more instances shall not exhaust the rights of the lessee hereunder to pool this lease cr portions thereof into
other units, Lessee shall execute in writing and place of record an instrument or instruments idifying nepand drdee sc,1b-
cooled acreage. Tie entire acreage so pooled into a unit shall be treated for all purposes,
t
of -
ef r,zlt:es, as if it were icclu ed in this lease, and drilling or reworking operations thereon or pro uc - of '
or cas therefrom. or tne completion thereon of a well as a snot .n gas well , shall be considerec for all purposes,
except tee payment of royalties, as if such operations were on or such crocucticn were from or such co- t'or were
on the land covered by this lease, whether or not the well or wells be located on the premises covered boy tris °a.
In lieu of the royalties elsewhere herein specified, Lessor shall receive from a unitrsoa for edd,eonly h therein Pearsportico,
tothe royalty stipulated herein as the amount of his acreage placed in Should any unit
it as originally created hereunder r_ -
to the total acreage so pooled in the particular unit invoved. then l Lessee ee unit
at any time ?createde h, eu.roerr
taro less than the maximum number of acres hereinabove specified, Pet the
r
before or after production is obtained on the unit, enlarge such unit by adding additional acreage thereto,
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 tne supplemental
declaration of unitization shall not become effective until the first day of the calendar month next following tne
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
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 ❑rovisions 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 of 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 orr^
operation whereby the production therefrom is allocated to different portions of the land covered by said plan, en
the production allocated to any particular tract of land shall , for the purpose of computing the royalties to .e
paid hereunder to Lessor, he 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 he 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 sane
upon request of Lessee.
8. Lessee shall have the right at any time without Lessor's1 consent to surrender all or any portion of the
leased premises and be relieved of all obligation as to the acreage surrendered. Lessee shall have the right at
any time during or after the expiration of this lease to remove all w,roperty and fixtures placed by Lessee or said
land, including the right to draw and remove all casing. When required by Lessor, Lessee will bury all pipe lines
below ordinary plow depth, and no well shall be drilled within two hundred (200) feet of any residence or barn now
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.
9. The rights of either party hereunder may be assigned, in whole or in part, and the provisions hereof shall
extend to the heirs, successors and assigns of the parties hereto, but no change or division in ownership of the land,
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
portion of said land, the rentals payable hereunder shall he apportionable among the several leasehold owners ratably
according to the surface area of each, and default in rental payment by one shall not affect the rights of other lease-
hold owners hereunder. in case Lessee assigns this lease, in whole or in part, Lessee shall be relieved of all obli-
gations with respect to the assigned portion or portions arising subsequent to the date of assignment.
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
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, 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
and any
of Co
ra
lodo
now in effect restricting or limiting the powers of counties or boards of county commissioners, 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.
I3 0953 RE:C 0' '9730 01 /12/89 14 : 03 0.00 3/003
MARY ANN FEUEmSTEIN, CLERK tt RECORDER, WL�D COUNTY, CO
s -
15. This agreement shall be bindino on each of the above named parties who sign the same, regardless of whether
it its signed by any of the other parties.
IN WITNESS WHEREOF, this instrument is executed on the date first above written.
BOARD OF COUNTY COMMISSIONERS
Wr D—SOUNTv, CO_C?OO
-'.. —
——_
7
1r� f' Q1wr/ ,`
rya ,~1w-4.100-774", "7 d Recorder .�
d Clerkto Jha/Bpard . - -�
1 „licit.
7
____.....
LESSEE: E G M it PORATION
El- '
bert C. Julander, Vice-Presiders
STATE OF COLORADO )
S.
WUNTY OF WELD ) .
19 by
The foregoing instrument was acknowledged before me this 5th day of January 82 -
Robert C. Julander, Vice President of Energy Minerals Corporation.
My commission expires: 9/12/84 Witness my hand tand official seal.
r__ 17ary
Mary Public P 1 _�Y� ,�• tt-.
1000 Security_t fedg,„p";
Denver, CO 80"2*\ fr.-1,7m
74'il,l 112';vt
r
1 .
- baker oil corp. .
buddy baker
13 October, 1981
Weld County Clerk & Recorder
P.O. Box 459
Greeley, Colorado 80632
RE: County Lands for Bid for Oil and Gas Lease
Township 5 North — Range 66 West, of the 6th P.M.
Section 33: SW/4
160.00 acres
Dear Keitha,
Please notify me at Baker Oil Corporation, 1429 Larimer Street, Denver,
Colorado, 80202, when this particular tract of land comes up for bid.
Thank you for your cooperation.
Sincerely,
C2. -7]c ;-
Cristine E. Penros -Agent
pGIs
EE.t.Y
C
71/
1429 larimer street • denuer, colorado 80202 • 303-534-1752
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