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Home My WebLink About840001.tiff "' Ocp U AR1977660 RESOLUTION ri O U RE: APPROVE REQUEST OF WICHITA INDUSTRIES , INC . TO WAIVE BIDDING PROCEDURE CONCERNING AN OIL AND GAS LEASE AND ACCEPTING o OFFER TO LEASE MINERAL ACRES o o WHEREAS , the Board of County Commissioners of Weld County, aQc Colorado, pursuant to Colorado statute and the Weld County Home O Rule Charter, is vested with the authority of administering the ✓ affairs of Weld County, Colorado, and ea �. w WHEREAS , Jim Stinson, of Bell Associates, representing N, a Wichita Industries , Inc. , has requested that the bidding pro- cedure be waived concerning an Oil and Gas Lease on the follow- -44a ing described mineral acres: co U n z That part of the Northeast Quarter (NEQ) of H Section Twelve (12) , Township 5 North, Range O3 El 65 West of the 6th P.M. being a strip of land oa 50 feet in width, 25 feet on each side of the o p centerline described as follows : Beginning at co w a point 1402 feet West of the Southeast corner of said Quarter; thence North 76°23 ' East 80 a Z feet; thence South 87°28 ' East 1187 feet; thence o North 45°2' East 162 feet' thence North 0°25 ' a East 760 feet. w a Containing 2 . 5 acres, more or less. or- scr o M WHEREAS, after review, the Board of County Commissioners H CD found that Wichita Industries , Inc. did show good cause for m waiving the bidding procedure on said Oil and Gas Lease, and WHEREAS , Wichita Industries , Inc. is offering to lease the above described mineral acres , containing 2 . 5 mineral acres , more or less , and WHEREAS , said lease is to be for a period of three years with a paid up lease of Two Hundred Fifty and NO/100 Dollars ($250. 00) , a copy of said lease being attached hereto and in- corporated herein by reference , and WHEREAS , Weld County is desirous of accepting said offer from Wichita Industries , Inc. to lease the above described mineral acres. NOW, THEREFORE , BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado , that the request of Wichita Industries, Inc. to waive the bidding procedure on an Oil and Gas Lease concerning the above described mineral acres be , and hereby is , approved. 840001 Page 2 RE: WAIVE BIDDING PROCEDURES - WICHITA INDUSTRIES BE IT FURTHER RESOLVED by the Board that the offer of Wichita Industries , Inc. , 1801 California, 44500 , Denver, Colorado, 80202 , to lease the above described mineral acres for 0 0 a period of three (3) years with a paid up lease in the amount 0 of Two Hundred Fifty and NO/100 Dollars ($250 . 00) be, and hereby N o is , accepted. U ca The above and foregoing Resolution was , on motion duly made o 3 and seconded, adopted by the following vote on the 16th day of o July, A.D. , 1984 . ox � � y�� BOARD OF COUNTY COMMISSIONERS O ATTEST: '' 'g4ALAxec.W WELD COUNTY , COLORADO ti m w Weld in: IeX+K ari4 Recorder EXCUSED DATE OF SIGNING - AYE en xi and Cl tr tl>e B'© d Norman Carlson, Chairman w Byc o a De tly,.'C1 k \J gtline nson, Pro-Tem co ui z APPROV D AS TO FORM: 7lJ �� 'i H Gene R. B antner m e4 717071,1-2%G" o a i� l EXCUSED DATE OF SIGNING AYE o p V`��C runty Attorney Chuck Carlson Wrzq N 7- 2/a tj zn T. Martin 0 a' 0 fY. o CO cm O O H W WELD COUNTY, COLORADO OIL AND CAS LEASE i.n o Co CD THIS AGREEMENT made this 16 day of July , 1984, between Weld County, Colorado, a political subdivision of rn O 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, Colorado 80631 , Lessor (whether one or more), and al Wichita Industries, Inc. , 1801 California, #4500, Lessee, WITNESSETH: I-7 Denver, CO 80202 o w 1. I essor in consideration of Ten and More Dollars (S 10.00+ ), o 3 in hand paid, of the royalties herein provided, and of the agreement of Lessee herein contained, hereby grants, leases o a and lets exclusively unto Lessee for the purpose of investigating, exploring, prospecting, drilling and mining for and w producing oil, gas and other hydrocarbons, laying pipe lines, building tanks, power stations, telephone lines and other O structures thereon to produce, save, take care of, treat, transport and own said products, and housing its employees, a (subject to all applicable Weld County Zoning Regulations), the following tract of land with pny reversionary rights therein being situated in the County of Weld, State of Colorado, and described as follows: That part of the Northeast w Quarter (NEt) of Section Twelve (12), Township 5 North, Range 65 West of the 6th P. M. being a) a a strip of land 50 feet in width, 25 feet on each side of the centerline described as"follows: N '''S Beginning at a point 1402 feet West of the Southeast corner of said Quarter; thence North 76° .- x 23' East 80 feet; thence South 87°28' East 1187 feet; thence North 45°2' East 162 feet; thence w North 0°25' East 760 feet .I, a mu , in 2 and containing 2.5 acres, more or less ( 7 5 net mineral acres). .--I H \w CO E-+ 2. Subject to the other provisions herein contained, this lease shall be for a term of 3 years from this date o CO (called "primary term") and as long thereafter as oil, gas or other hydrocarbons, is produced from said land hereunder, a or drilling or reworking operations are conducted thereon. W op 1/40 w 3. The royalties to be paid by Lessee are: (a) on oil, one-eighth of that produced and saved from said land, the La G+ same to be delivered at the wells, or to the credit of Lessor into the pipe line to which the wells may be connected; N Lessee may from time to time purchase any royalty oil in its possession, paying the market price therefor prevailing mz for the field where produced on the date of purchase; (b) on gas, including casinghead gas or other hydrocarbon sub- t—i < stance, produced from said land and sold or used off the premises or in the manufacture of gasoline or other products o 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 GU] a cents (50t) per long ton. Lessee shall have free use of oil , gas, coal, wood and water from said land, except water p4 x from Lessor's wells, for all operations hereunder, and the royalty on oil and gas shall be computed after deducting any so used. If a well capable of producing gas in paying quantities is completed on the above described land and is o CA shut in, this lease shall continue in effect for a period of one year from the date such well is shut in. Lessee or cr, C11 o en any assignee may thereafter, in the manner provided herein for the payment or tender of delay rentals, pay or tender ,-I o 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 W such payment or tender is made, this lease shall continue in effect for a further period of one year. In like manner. CO and upon like payments or tenders annually, made on or before each anniversary of the shut-in date of such well, this lease shall continue in effect for successive periods of twelve (12) months each. 4. If operations for drilling are not commenced on said land as hereinafter provided, on or before one year from this date, the lease shall then terminate as to both parties, unless on or before such anniversary date Lessee shall • / nay or tender to Lessor, and shall continue as the depository for all rentals payable hereunder regardless of changes in ownership of said land or the rentals either by conveyance or by the death or incapacity of Lessor, the sum of \C This is a fully paid-up lease Dollar(s) (S xxxx ) per net mineral acre, (herein called rental), which shall 5 cover the privilege of deferring commencement of operations for drilling for a period of twelve (12) months. In like manner and upon like payments or tenders annually the commencement of operations for drilling may be further deferred for successive periods of twelve (12) months each during the primary term. The payment or tender of rental herein 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- ment as herein provided. The down cash payment is consideration for the lease according to its terms and shall not 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 lease as to such portion or portions and be relieved of all obligations as to the acreage surrendered, and thereafter I the rentals payable hereunder shall be reduced in the proportion that the acreage covered hereby is reduced by said �k. release or releases. This is a fully paid-up lease and no delay rentals are due hereunder. 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 cessation of production or drilling or reworking on said well or wells, then this lease 'shall terminate unless Lessee, on or before said date, shall 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 ,.roduction thereof should cease during the last yea.• 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 neverthelessshall 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 (l0°:,) 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 1 combined as to any other stratum or strata, and oil units need not conform as to area with gas units. The pooling in j. All reference to royalty mentioned in Paragraph Three (3) above shall be amended to read eighteen percent (189) instead of one—eighth (1/8). 7/. 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 ,tnsi&ered for all purposes, except the payment of royalties, as if such operations were on or such production wer≤eJfrom ,r sy"h completion were on the land covered by this lease, whether or not the well or wells be located on th )remises covered by this lease. `n In lieu of the royalties elsewhere herein specified, Lessor shall receive from a unf-_ so fo ned, only such portion of o U 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- s' 0 tain less than the maximum number of acres hereinabove specified, then Lessee may at any time thereafter, whether U 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 a so enlarged, Lessee shall execute and place of record a supplemental declaration of unitization identifying and o W describing the land added to the existing unit; provided, that if such supplemental declaration of unitization is not o filed until after production is obtained on the unit as originally created, then and in such event the supplemental o ly declaration of unitization shall not become effective until the first day of the calendar month next following the vo W filing thereof. In the absence of production Lessee may terminate any unitized area by filing of record notice of atermination. 7. Lessee also shall have the right to unitize, pool, or combine all or any part of the above described lands awith 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 `n any such plan or agreement and, in such event, the terms, conditions, and provisions of this lease shall be deemed N `a 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 g 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 o r.) 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 u1 Z the production allocated to any particular tract of land shall, for the purpose of computing the royalties to be H paid hereunder to Lessor, be regarded as having been produced from the particular tract of land to which it is al- Elocated and not to any other tract of land and the royalty payments to be made hereunder to Lessor shall be based o cn upon production only as so allocated. Lessor shall formally express Lessor's consent to any cooperative or unit C4 plan of development or operation adopted by Lessee and approved by any governmental agency by executing the same ra upon request of Lessee. o k w 8. Lessee shall have the right at any time without Lessor's consent to surrender all or any portion of the N 2 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 property and fixtures placed by Lessee on said land, including the right to draw and remove all casing. When required by Lessor, Lessee will bury all pipe lines o 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, o 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. o 0 9. The rights of either party hereunder may be assigned, in whole or in part, and the provisions hereof shall d' o extend to the heirs, successors and assigns of the parties hereto, but no change or division in ownership of the land, 0 Cr rentals, or royalties, however accomplished, shall operate to enlarge the obligations or diminish the rights of Lessee. '~ o No change in the ownership of the land or any interest therein, shall be binding on Lessee until Lessee shall be pa �, 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 be 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 ac long thereafter as such production continues in i .ying 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 be binding upon the parties hereto, their heirs, administrators, successors and assigns. 15. This agreement shall be binding on each of the above named parties who sign the same, regardless of whether n O it is signed by any of the other parties. oU co IN WITNESS WHEREOF, this instrument is executed on the date first above written. in O r BOARD OF COUNTY COMMISSIONERS U ,.'t 1� i WELD COUNTY, COLORADO o W ±a , i-.1 itt•-r ri., 3). 1\IP. (IN\rNiaon`r--- POi c Ins a ATTEST: " O U Weld County & tjercirder W and Clerk to 'Oil...61_1_ 1,e).1,_)• yip-?"7m,,i i. �7 e m ,b By: N ri C4 a 15C Wichita Industries, Inc. [:1 ATTES '"V d, a � / iS' - LESSEE' 2 _`- CO U Grrnpar �y _ _ � H C. lhomas Stone, Astistant Secretary Susan E. Treece, Vice President/Land � w 30 O a STATE OF-.00(I0 b1..)' o W COUNTY OF-IhG$N*-S5. l .MVTaQ l0 fl l z The foregoing instrument wa acknowledged before me this 3r2-.a day of /i&cus ' 19 Eh, by rn z - V (h ,pr,t r/L.A.,ua 66 C&_.)ic im `Ai osrRIL5 1,ic. . ,� Q', � VQAN � , I/2£,£tf� /cL 1 0 o a My commission expires: J .S - d8 Witness my hand and official seal. 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