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Home My WebLink About870081.tiff RESOLUTION RE: APPROVE REQUEST OF GARRETT RESOURCES CORPORATION TO WAIVE BIDDING PROCEDURE CONCERNING OIL AND GAS LEASE AND ACCEPT OFFER TO LEASE MINERAL ACRES 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, Garrett Resources Corporation has requested that the bidding procedure be waived concerning an Oil and Gas Lease on the following described mineral acres : A 2. 63 acres parcel of land located in Section 30, Township 1 North , Range 65 West of the 6th P.M. , Weld County, Colorado, described as follows : Beginning at a point 475 ' N and 30 ' West of the quarter corner common to Section 29 and Section 30; thence West, 288 .50 feet; thence North 33°00' West, 167 feet; thence North 38°50 ' East , 605 feet; thence South 611 . 50 feet to the point of beginning. WHEREAS, after review, the Board found that Garrett Resources Corporation did show good cause for waiving the bidding procedure on said Oil and Gas Lease , and WHEREAS, Garrett Resources Corporation is offering to lease the above described mineral acres, containing 2 . 63 mineral acres, more or less, and WHEREAS, the Board finds that the lease offer from Garrett Resources Corporation in the amount of TWO HUNDRED AND NO/7.00 DOLLARS ($200 . 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 Garrett Resources Corporation , 1552 Pennsylvania Street , Denver, Colorado 80203 , to waive the bidding procedure on an Oil and Gas Lease concerning the 2. 63 mineral acres , be, and hereby is , approved. / �, '.f 870081 Page 2 RE: WAIVE BID - GARRETT RESOURCES CORPORATION BE IT FURTHER RESOLVED by the Board that the offer of Garrett Resources Corporation, as hereinabove stated, be, and hereby is , accepted. The above and foregoing Resolution was, on motion duly made and seconded , adopted by the following vote on the 9th day of February, A.D. , 1986. 1l � BOARD OF COUNTY COMMISSIONERS ATTEST:\MeA ��"' "� WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board Gordon E. Lacy, Chairman a .i,e BY:_— 67i C.W. irby, Pro- em putt' County lerk APPROVED AS TO FORM: ene R. Bran er Ja Coun y ttorne Frank Yamaguchi 870081 ARc088154 WELD COUNTY OIL AND GAS LEASE Containing 2 . 660 acres, more or less; Containing 2 . 3 net mineral acres, more or less: THIS LEASE AGREEMENT, dated this 9th day of February , 19 87 , made and entered into 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, for its respective interests, c/o BOARD OF COUNTY COMMISSIONERS, WELD COUNTY CENTENNIAL CENTER, 915 10TH STREET, GREELEY, CO 80631, hereinafter called Lessor, and: - GARRETT RESOURCES CORP. , A Colorado Corporation 1552 Pennsylvania St. co Denver, Colorado 80203 o U o hereinafter called Lessee: oi .-io C1 WITNESSETR WHEREAS, said Lessee has applied to Lessor for an oil and gas lease covering the land herein described, 044 and has paid a filing fee in the amount of $10.00, plus a bonus consideration of $ 76.05 per mineral VI-w p acre, fixed by Lessor as an additional consideration for the granting of this lease, and Lessee agrees to 0 pay an annual rental of $ N/A , computed at the rate of $ N/A , per mineral acre or fraction thereof per year. PAID-UP LEASE w co c4 WHEREAS, all the requirements relative to said application have been duly complied with and said .. w application has been approved and allowed by Lessor; rzl a THEREFORE, in consideration of the agreements herein, on the part of Lessee to be paid, kept and r` eo U performed, Lessor does lease exclusively to Lessee for the sole and only purpose of drilling for, z development of and production of oil and gas, or either of them, thereon and therefrom with the right to own all oil and gas so produced and saved therefrom and not reserved as royalty by Lessor under the terms of \w N E this lease, together with rights-of-way, easements and servitudes for pipelines, telephone and telegraph alines, tanks and fixtures for producing and caring for such product, and housing and boarding employees, and any and all rights and privileges necessary for the exploration and operation of said land for oil and gas, 'Cr :n w the following described land situated in the County of Weld, State of Colorado, and more particularly co described as follows: CO a Z DESCRIPTION OF LAND SECTION TOWNSHIP RANCE a 30 1N 65w u a A 2 .63 acre parcel of land • described as follows : Beginning at a point 475' North and 30 ' West of the x tD N TO HAVE AND TO HOLD said land, and all the rights and privileges granted hereunder to Lessee until the d' 1/4‘" hour of twelve o'clock noon on the 9th day of February , 19 90 as primary term, and so long ti r♦ o thereafter as oil and gas, or either of them, is produced in paying quantities from said land or Lessee is • Ga diligently engaged in bona fide drilling or reworking operations on said land, subject to the terms and conditions herein. Drilling or reworking operations shall be deemed to be diligently performed if there is no delay or cessation thereof for a greater period than sixty consecutive days unless an extension in writing is granted by Lessor; provided that such drilling or reworking operations are commenced during said primary term or any extension thereof or while this lease is in force by reason of production of oil and gas or either of them, or that such reworking is commenced within sixty days upon cessation of production for the purpose of re-establishing the same, and provided further that such production is commenced during such quarter corner gommon to Section 29 and Section 30; thence West, 288 .50 feet; thence North 33 00 minutes West, 167 feet; thence North 38°50 minutes East, 605 feet; thence South, 611 .50 feet to the point of beginning, containing (Rev. 11/86) 2 .63 acres . primary term or any extension thereof, or while this lease is in force by reason of such drilling or reworking operations or other production. EXPLORATION - Lessor reserves the right to conduct exploration on the leased land provided such exploration does not interfere with rights granted herein. In consideration of the premises, the parties covenant and agree as follows: 1. RENTAL - If this lease is extended for an additional term as provided for in the EXTENSION paragraph hereof, Lessee shall during such extended period pay to lessor an annual rental at double the rate co o above specified for the land covered hereby. The rental in effect at the time production is established o o shall not be increased due to the term of this lease being extended by such production. Rentals set at the N O time of established production shall be paid during the remaining life of this lease, annually, in advance, U on or before each anniversary date hereof. There shall be no refund of unused rental. o W 2. ROYALTY - Lessee shall account for any and all substances produced on the leased land and Lessee c shall pay to Lessor as royalty, in addition to the rentals provided, but except for products used on the o g leased land, unavoidably lost or flared on the leased land, with approval of Lessor, the following: vs W (a) On oil, 121/496 of the oil produced and saved from the leased land. o U o a At the option of Lessor, and with sixty (60) days' notice to Lessee, Lessor may take its N royalty oil in kind, in which event Lessee shall deliver such royalty oil to Lessor on the leased land, .. w ,n free of cost or deduction, into the pipelines or storage tanks designated by Lessor, but Lessee shall anot in such case be required to provide free tankage for any such oil for a longer period than one W month after the same is run into tanks. With sixty (60) days' notice to Lessee, Lessor may cease r-- co U taking oil royalty in kind. When paid in cash, the royalty shall be calculated upon the fair market value of the oil at the well which shall not be deemed to be less than the price actually paid to \W Lessee at the well by the purchaser thereof; and in no event shall the royalties be based upon a market N E valve at the well less than the posted price in the field for such oil, or in the absence of a posted o • price in the field for such oil, upon a market value at the well less than the prevailing price W received by other producers in the field for oil of like grade and gravity at the time such oil is run ut W into pipelines or storage tanks. co W co m Z (b) On gas, including casinghead gas or other gaseous substance, 12'+'#, of the fair market ei KC value at the well or of the price received by Lessee at the well, whichever is greater, of all gas o • produced and sold from the leased land or utilized off the land by Lessee. A copy of all contracts for W � sale of gas shall be furnished to Lessor. Where gas is sold under contract that has been approved by pq Lessor, the fair market value of such gas for determining the royalties payable hereunder shall be the price at which such gas is sold under such contract. No approval by Lessor of the terms of any such � a' 'o agreement shall operate to make Lessor a party thereto or obligate it thereunder in any way. At the option of Lessor, and with sixty (60) days' notice to Lessee, Lessor may take its royalty in kind. M W With sixty (60) days' notice to Lessee, Lessor may cease taking gas royalty in kind. (c) All costs of marketing the oil and/or gas produced shall be borne by Lessee and such costs shall not directly or indirectly reduce the royalty payments to Lessor. Except that marketing costs for Lessor's in-kind royalty shall be borne by Lessor. (d) If Lessor owns a lesser interest in the oil and gas deposits of the above-described land than the entire and undivided fee simple estate, then the royalties and rentals herein provided shall be paid to Lessor only in the portion which its interest bears to the whole and undivided fee, but no refund of any bonus consideration shall be made by Lessor hereunder. (Rev. 11/86) 3. RECORDS - Lessee agrees to keep and to have in possession complete and accurate books and records showing the production and disposition of any and all substances produced on the leased land and to permit Lessor, at all reasonable hours, to examine the same, or to furnish copies of same to Lessor upon request along with purchaser's support documentation. Lessor will not be unreasonable with requests. All said books and records shall be retained by Lessee and made available in Colorado to Lessor for a period of not less than five years. 4. MEASUREMENTS - All production shall be accurately measured using standards established by the co 0 American Gas Association (AGA) and/or the American Petroleum Institute (API) and all measuring devices shall o U be tamperproof as nearly as possible. Oil royalties due within the terms of this lease shall be calculated on actual and accurate measurements within API standards unless a different means of measurement, subject to en 8 Lessor's approval, is provided. • 5. PAYMENTS & REPORTS - All payments and reports due hereunder shall be made on or before the day o � such payments and reports are due. Nothing in this paragraph shall be construed to extend the expiration of • the primary term hereof. Z in-W Oil royalty payments and supporting documents shall be submitted prior to the last day of the U▪ month following each month's sale of production, and gas royalty payments and supporting documents shall be submitted prior to the last day of the second month following each month's sale of production. to a 0 ors All payments shall be made by cash, check, certified check or money order. Payments having x restrictions, qualifications, or encumbrances of any kind whatsoever shall not be accepted by Lessor. A penalty for a late payment shall be charges as set forth in the PENALTIES paragraph herein.co• U 6. PENALTIES - A penalty shall be imposed for, but not limited to late payments, improper payments, Z operational deficiencies, violation of any covenant of this lease, or false statements made to Lessor. H P W Penalties shall be determined by Lessor unless otherwise provided for by law and may be in the form of, but NE-1 p W not limited to, interest, fees, fines, and/or lease cancellation. A penalty schedule shall be prepared y • Lessor and shall become effective immediately after public notice. Said schedule may be changed from time v' to time after public notice. v1 W H W � Z 7. LAW - The terms and conditions of this lease shall be performed and exercised subject to all laws, NZ rules, regulations, orders, local ordinances or resolutions applicable to and binding upon the o administration of lands and minerals owned by the County of Weld, and to laws, rules and regulations • governing oil and gas operations in Colorado. Violations shall result in penalties asprovided for by law () Z W sC or as set forth in the aforementioned schedule or shall, at the option of Lessor, result in default as C4 £ provided hereinafter. CO H N 8. SURRENDER - Lessee may at any time, by paying to Lessor all amounts then due as provided herein, H 0surrender this lease insofar as the same covers all or any portion of the land herein leased and be relieved Z W from further obligations or liability hereunder with respect to the land so surrendered; provided that no partial surrender or cancellation of this lease shall be for less than contiguous tracts of approximately forty (40) acres or Governmental lot corresponding to a quarter-quarter section; provided further that this surrender clause and the option herein reserved to Lessee shall cease and become absolutely inoperative immediately and concurrently with the institution of any suit in any court of law by Lessee, Lessor or any assignee of either to enforce this lease, or any of its terms expressed or implied. In no case shall any surrender be effective until Lessee shall have made full provision for conservation of the leased products and protection of the surface rights of the leased land. (Rev. 11/86) 9. ASSIGNMENTS - (a) Lessee, with prior written consent of Lessor, shall have the right to assign the entire leasehold interest of said Lessee in all or part of the land covered hereby, but not less, however, than contiguous tracts of approximately forty (40) acres or Governmental lot corresponding to a quarter-quarter section for any partial assignment, and for approval of such assignment Lessor shall make an assignment charge in an amount to be determined by Lessor. Prior to written approval by Lessor of assignment of this lease, Lessee (assignor) shall not be relieved of its obligations under the terms and conditions herein. An assignment shall not extend the term of this lease. COO o U (b) If any assignment of a portion of the land covered hereby shall be approved, a new lease shall be issued to the assignee covering the assigned land, containing the same terms and conditions as sr 0 this lease, and limited as to term as this lease is limited, and the assignor shall be released and discharged from all further obligations and liabilities as to that portion so assigned. G1 a o �rl (c) Lessee shall notify Lessor of all assignments of undivided percentage or other interests. 0 3 Said interests will not be recognized or approved by Lessor, and the effect of any such assignments o a will be strictly and only between the parties thereto, and outside the terms of this lease: and no yr r4 q dispute between parties to any such assignment shall operate to relieve Lessee from performance of any C4 O terms or conditions hereof or to postpone the time therefor. Lessor shall at all times be entitled to look solely to Lessee or his assignee shown on its books as being the sole owner hereof, and for the eo a sending of all notices required by this lease and for the performance of all terms and conditions N.. La hereof. u1 (d) Although not binding on Lessor, all instruments of every kind and nature whatsoever affecting N this lease should be filed with the Lessor. coU 10. OVERRIDING ROYALTY - Any and all reservations or assignments or overriding royalties shall be jsubject to approval by Lessor. The total of said overriding royalties shall not exceed five percent (5%), N F including any overriding royalty previously provided for unless production exceeds a monthly average of o CO fk fifteen (15) barrels per day or ninety thousand cubic feet of gas per day (90 MCF/D). In the event that Cil production drops to this amount or less, any overriding royalties which exceed five percent (5%) may be tiW suspended. Lessor's approval of a reservation or assignment of an overriding royalty shall not bind Lessor co for payment of said overriding royalty and shall not relieve Lessee of any of its obligations for payment of co z z royalties to Lessor as provided by ROYALTY paragraphs herein. o N R 0 ,y4 11. OFFSET WELLS - Lessee agrees to protect the leased land from drainage by offset wells located on Wa' adjoining lands not owned by Lessor, when such drainage is not compensated for by counter-drainage. It gZ shall be presumed that the production of oil and gas from offset wells results in drainage from the leased wo In land, unless Lessee demonstrates to Lessor's satisfaction, by engineering, geological, or other data, that tiproduction from such offset well does not result in such drainage, or that the drilling of a well or wells o on the leased land would not accomplish the purposes of protecting the deposits under the leased land. Pa W Lessor's decision as to the existence of such drainage shall be final, and Lessee shall comply with Lessor's order thereon or surrender this lease as to any such undeveloped acreage as designated by Lessor. 12. DEVELOPMENT - Upon discovery of oil and gas or either of them on the leased land, Lessee shall proceed with reasonable diligence to develop said land at a rate and to an extent commensurate with the economic development of the field in which the leased land lies. 13. POOLING CLAUSE - Lessee may at any time or times pool any part or all of said land and lease or any stratum or strata with other lands and leases, stratum or strata, in the same field so as to constitute a spacing unit to facilitate an orderly or uniform well-spacing pattern or to comply with any order, rule, or regulation of the State or Federal regulatory or conservation agency having jurisdiction. Such pooling (Rev. 11/86) shall be accomplished or terminated by filing of record a declaration of pooling, or declaration of termination of pooling, and by mailing or tendering a copy to Lessor, or to the depository bank. Drilling or reworking operations upon or production from any part of such spacing unit shall be considered for all purposes of this lease as operations or productions from this lease. Lessee shall allocate to this lease the proportionate share of production which the acreage in this lease included in any such spacing unit bears to the total acreage in said spacing unit. 14. UNITIZATION - COMMUNITIZATION - In the event Lessor permits the land herein leased to be included within a communitization or unitization agreement, the terms of this lease may be deemed to be modified to 0o (3 conform to such agreement. When only a portion of the land under this lease is committed by an agreement, ° Q Lessor may segregate the land and issue a separate lease for each portion not committed thereunder; the term of such separate lease shall be limited as to the original term of this lease. The terms of the lease on N U that portion remaining in the unit shell be deemed to be modified to conform to such agreement. A Nonproducing leases shall terminate on the first anniversary date of the lease following the termination a date of the unit or part thereof modifying the lease, but in no event prior to the end of the primary term O WSS of the lease or the extension term of the lease. O a• Ra yr W 15. PRODUCTION - Lessee shall, subject to applicable laws, regulations and orders, operate and produce c4 all wells upon the leased land so long as the same are capable of producing in paying quantities, and shall O operate the same so as to produce at a rate commensurate with the rate of production of wells on adjoining W lands within the same field and within the limits of good engineering practice, except for such times as cog N there exist neither market nor storage therefor, and except for such limitations on or suspensions of v7 production as may be approved in writing by Lessor. Lessee shall be responsible for adequate site security .--i on all producing properties. f7 16. SHUT-IN WELLS - If Lessee shall complete a well on the leased land productive of gas and Lessee is cot) unable to produce such gas due to a lack of suitable market therefor, Lessor may grant Lessee suspension of Hhis obligations to produce hereunder until a suitable market for such gas can be found, and during any such W suspension period, it shall be deemed that gas is being produced hereunder in paying quantities. Except, NE o W however, that beginning on the anniversary date next, of the year of an extension of the lease by reason of a shut-in well, Lessee shall pay to Lessor a shut-in royalty equal to $2 per acre of the lease per annum in addition to the annual rental. The minimum amount of such shut-in royalty payment shall be $240. Each ui▪ W year's shut-in royalty shall be forfeited to Lessor except for the shut-in royalty paid for the year during co co z which the well begins production. The maximum extension of the lease, due to the existence of a shut-in NZ well, shall be five years beyond the extension term as described in the EXTENSION paragraph herein. The O granting of any further extensions shall be at the sole option of Lessor. t1i a, 17. OPERATIONS - No exploration, drilling or production operation, including permanent installations, shall be within 200 feet of any existing building or other improvement, including water well or reservoir, • 47 without the written permission of the owner of said improvements. Lessee shall keep a correct log of each "II VD ▪ well drilled hereunder, showing by name or description the formations passed through, the depth at which do each formation was reached, the number of feet of each size casing set in each well, where set, and the total depth of each well drilled. Lessee, within thirty (30) days after the completion or abandonment of any well drilled hereunder, shall file in the office of Lessor a complete and correct log of such well, together with a copy of the electric log and the radioactivity log of the well when such logs, or either of them, are run; and also a copy of all drill stem test results, core records and analyses, record of perforations and initial production tests, if any. If any of the information required by this paragraph is contained in reports required to be filed with the Oil and Gas Conservation Commission of Colorado, the requirements of this paragraph for such information may be satisfied by such filing with said Commission, except for copies of the reports as are required by the following paragraph, and provided that all such information is immediately available to Lessor. Any proprietary information so submitted shall not be subject to public inspection under Colorado law. (Rev, 11/86) Lessee shall bury pipelines below plow depth. Lessee shall set and cement sufficient surface casing to protect the fresh water wells of the area. 18. NOTIFICATION - Lessee shall notify Lessor and the surface lessee or surface owner of the location of each drill site at least two weeks prior to commencing drilling operations thereon. Lessee shall notify Lessor before commencing to plug and abandon any well by copy of Lessee's request for approval or sundry notice of intent to plug and abandon. m p o 0 19. BONDS - Lessee shall be liable for all damages to the surface of the land, livestock, growing 1/400 crops, water wells, reservoirs, or improvements caused by Lessee's operations on said land. No operations shall be commenced on the land hereinabove described unless and until Lessee shall have filed a good and Ca▪ sufficient bond with Lessor, in an amount to be fixed by Lessor, to secure the payment for such damages as a � may be caused by Lessee's operations on said land and to assure compliance with all the terms and provisions of this lease, the laws of the State of Colorado, and the rules and regulations thereto appertaining. A o a bond may be held in effect for the life of production of any well. ° aO 20. SETTLEMENT - Lessee shall not remove any machinery, equipment or fixtures placed on said land, Cri other than drilling equipment, nor draw the casing from any well unless and until all payments and m a obligations currently due Lessor under the terms of this lease shall have been paid or satisfied. Any N w machinery, equipment or fixtures left on this land for a period of more than six (6) months after the • x expiration hereof, shall automatically become the property of Lessor. 21. OTHER DISCOVERY - Should Lessee discover any valuable products other than oil and gas, on or ra .....C° C) within the leased land, Lessee shall within seven (7) days report such discovery to Lessor, in which event � Z Lessee and Lessor may negotiate a provision for production of such discovery. '-4H \W N H 22. WATER - This lease does not grant permission, express or implied, to Lessee for water exploration, oy a drilling, or establishing water wells without the written permission of the surface owner. If Lessor is the nsurface owner, said permission shall not be unreasonably withheld. If Lessee desires to establish or riulGWi adjudicate any water right for beneficial use on the leased land, any such adjudication or application shall m be in the name of Lessor if Lessor is the surface owner. The same shall apply to any nontributary water o z rights established on the leased land which may be put to beneficial use off said land. N a,' ✓ a 23. DEFAULT - Upon failure or default of Lessee to comply with any of the terms and provisions hereof W K4 including but not limited to the failure to comply with laws, rules and regulations governing Colorado oil p" £ and gas operations, Lessor is hereby authorized upon notice and hearing, as hereinafter provided, to cancel r- this lease as to all of the leased land so claimed or possessed by Lessee hereunder. In the event of any ,-� ri such default or failure, Lessor shall, before making any such cancellation, send to Lessee by certified , O mail, to the post office address of said lessee as shown by the records of Lessor, a notice of intention to W 1.4 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 within 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 cancelled by operation of this paragraph without further action by Lessor, or further notice to Lessee. 24. EXTENSION - If Lessee fails to make discovery of oil and gas, or either of them, in paying quantities during the primary term hereof, or during drilling operations commenced during the primary term hereof, Lessee may make written application to Lessor for an extension of this lease for a term equal to the primary term as to all of the mineral acres covered hereby (excluding any mineral acres theretofore surrendered as in the SURRENDER Paragraph provided, or assigned as in the ASSIGNMENTS Paragraph provided). The granting of such extension shall be at the sole option of Lessor at double the rental for the primary tern hereof. rya,‘ (Rev. 11/86) 25. HOLD HARMLESS - Lessee shall indemnify Lessor against all liability end 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. 26. CONDEMNATION - If the leased land shall be taken in any condemnation proceeding, this lease shall automatically terminate ss of the date of taking. The award for such condemnation shall be paid to Lessor, 0o C) except for any specific award(s) paid to Lessee for severed oil and gas reserves, in which event 0 O of such specific award(s) shall be paid to Lessor in lieu of royalty lost by virtue of t e rO condemnation. Improvements shall be removed by Lessee per terms in the SETTLEMENT Paragraph herein. If only a portion of the leased land is taken by condemnation, Lessor may, at its option, terminate this lease Ll or terminate only that portion of the lease so taken. oW O � 27. ERRORS - Every effort is made by Lessor to avoid errors in all procedures including but not CD PS limited to auction listings and lease preparation. Lessor shall not be liable for any inconvenience or loss in-q caused by errors which may occur. Lessee shall notify Lessor immediately upon discovery of any errors or O discrepancy whatever. U • 28. ARCHAEOLOGY - Lessee shall not destroy, disturb, mar, collect, remove or alter any prehistoric or oa N historic resources of any kind on Weld County lands as provided by law. These resources include but are not w ul limited to all artifacts of stone, wood or metal, pictographs, structures, and bones. A discovery of aanything of prehistoric or historic nature shall be reported to Lessor or the State of Colorado t` a Archaeologist immediately. coo rl rl 29. DEFINITIONS - '-I H N E (a) "Gas" as used herein shall mean all gases (combustible and noncombustible), including but not o a limited to all gaseous hydrocarbons, gaseous compounds, carbon dioxide, and helium. a' D in w (b) "Oil and gas" as used herein shall include all substances produced as by-products therewith, P'' OD including but not limited to sulfur. co 2 oZoz CV cC (c) "Paying quantities" as used herein shall mean and refer to quantities of oil and gas or of O either of them sufficient tc pay for the current cost of producing same. U Lw 30. HEIRS AND ASSIGNS - The benefits and obligations of this lease shall inure to and be binding upon tD co the heirs, legal representatives, successors or assigns of Lessee; but no sublease or assignment hereof, or )f any interest herein, shall be binding upon Lessor until the same has been approved ty Lessor au explained r4 0 In the ASSIGNMENTS' paragraph provided. P104 31. WARRANTY OF TITLE - 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. There shall be no obligation on Lessor's part to purchase new or supplemental or other title papers nor to do any curative work in connection with title to the subject lands. All abstracts of title, whether new or supplementary, obtained by Lessee and covering the subject lands shall become the property of and be delivered to Lessor after Lessee has completed its title examination and curative work, subject, however, to the right of Lessee to use such abstracts upon request at any time during the term of the Lease. to (Rev. 11/86) .' co 0 a c IN WITNESS WHEREOF, lessor has hereunto signed and caused its name to be signed by the BOARD OF COUNTY co 0 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. o W BOARD OF COUNTY COMMISSIONERS O WELD COUNTY, COLORADO o Gx in- W 2 C.) "fti aiyazw„,,,t;, eel"e/K4-* co a ATTEST: • w t rr t x Weld County 9 kkP .. a 4er IX and Clerk to e o t +``- g \ _ \ 3� ao U By: z P ! `� .i H N H O Ul LESSEE: GARRETT ESOURCES CORPORATION, A Co r oration W 4 / Ctx ccoo w ester D. Garrett, President coz oz (N sC STATE OF COLORADO ) s - ) SS. U a yf 1 W � COUNTY OF iR3tD PS \n GI (�.�The foregoing instrument was acknowledgedbefore me this 7 day of ba- i W 19C I by J .e J. 4Alft ri o cq k, Witness my hand and official seal. My Commission Expires: \• G RE otary Pu is I PUV' .. (Rev. 11/86) m ; ,�,v,?_era; -fill." � r,. . • y AMAIN'SO p°➢iD,—.I-hi.by TY a I.vJ/BMA a..a ia.a..a..mi.Q1• in. _ N°_39.889.6.=___h4-- thie Weeb, Words this t nt .day of .S.e.p.tsmhnn . ersim. W PiARRA Y DEED in the year of our Lord one thousand aloe hundred and.....talnty-Lan__.___-_,betas yenta —.._._.......-_.Jacob Lehl. - -.lannb.Lehl _,__....__......_- ..-.' -- .• d the____=-=.__(aunty of_ryeld and Stated d the e TO Ynt d 61st D•14 sod.-.. ...ifa13..County,.�ol.orado._.. ...._ ' - . ...._._ ...... 7tmt11ta>timlX7ektmpt d the seec•d pert --- WITNFSSE H,That the rid party__of the But' -_--- Dart.for and b aopeidrat(on of the nom , 'I'fATm OF COLORADO. ;Wrza. O, t - - d._.i`XA_1SS1Ju7 Tana S1 T'y ^nnnn ,,.,,.,,.t..r-w,--.n...--.-.Comm o,Wm. is to the said .._ ..__DOLI.ABd This Warranty Deed was Bed for record part --d the tint part m hood paid by the rid port- y d the second 5dodL...A..M.,_DEC_i2.: 197._2 7 part,the receipt whereof hereby conformed and acknowledged,have—.papbd,bargained,sold and eat"o —.Chas ..E....Littell..._ conveyed, and by these presents d&aa gran. sell, convey and eoofum unto the acid Hy.ii__C Orable tt.esrd r. party—.d the second pert. i to z g an�assigns forever, ell the following demented .-...- bk,....or goad:..d land,iterate,lying d Deputy. and m the County of Weld and Stab of Colorado,to-wit: A parcel._of land in the Northeast Quarter (IU31)_of Section Thirty ___ _ (30), Township Ono (1) North of Range Sixty-Five (65) West of the ___ - 6th P. N.:, more particularly described as follows:. - - Beginning at a point 475 feet north and 30 feet west of the quarter corner common to Sections -- -- Twenty-Nine and Thirty,iv ;. thence . .. - One (1) North of Range Sixty-Fe (65) West of- the 6th P. M]t.; ;,henen ce--- hest 208..5 feet; thence North 33° 00' West 167 feet; thence .North _ r 38°, 50' East 605 feet; thence south 611.5 feet to the point.of _ -- - beginning, containing in all 3.13 acres more or.leas;. including_ - . the right of way of the sill Seepage Ditch, said. ditch right of_way_ _. ___ _ containing approximately ono-half acre; reel . . . ._ _. -_. . TOGETHER with all and singular the ha m editamb and .... ,t apDurtenaoaa thereunto or in anywise fine rid DrtXad reveries,remainder and remainder fast pert,either;rants,INKS and profits thereof;and all the estate, interest,der and deedwhatre,r d - L or equity,of,in and to the■hove bargained prenres,with the hete&bmmb and appurtenant TO HAVE AND TO HOLD'K.an'd-p,m,ie above bargained and described,with tin appurtenance,orb=--- the said party__d the second part,ita._sucna$anrs_.lia and aegis tent And the rid --- - ..Jac.oh T.aht„_. s ._ _.. -..__.. . Party -r the ft{ part,for h i insult,_.his.--_._ ._ being,executors and administrator.,dtets_covemant, sere grant,bargain mad a to and with the aid ;b.? p4tg_d wood opd^- 7r� . su c a_ © � wall seed of the sue,p that at the timed rB fibs epeog and derail of these presents_—he 11 pones above oneveyed,r :good,woe,perfect,absolute and iodefauele slob of labaibaoq is law,is fee isepls,and hate__ toed right,full power and lawful authority to pant,bargain,sell and convey the same is m o and A•aa and form doreed,and that the same an G der hem a former and other pants liens, e,bargains,eels, es, tar swrmeob and ®inahnmr e of rt err kind nr sower: E. so : E; -. .—..-...—. ---- 1 1114 dr bargained premise in the quiet and peaceable pare d the e rid par t R—d sand d part, Its succ or nee all sod may person or parses lawfully cunning or to den the whole or any pert teem,the acid party al the fiat pat tied -will WARRANT AND FOREVER DEFEND. year B1IN Vole written.WHEREOF,The aid Part—,Y—of the fist part h e .. WITNESS 6.. ..r,.rt. his La." ..n rat.. u- day and r' Seed,Sealed and Delivered in PANKOW d .Tarnh Lwhl � (8Ei1f ---- IREAM •- ISEALI r STATE OF COLORADO, (a. j COORrM Ad amp I. .T Dnnl 14411 - ,,a •Weeny Puhlie L ad far --- Rau ---- Canty,la tot 8t to to rw4;do Sm�h Twhl b�yttr�'�t ---� r " '' M me is he the..,.r -- wham res--- .r-..:tare b the A nna.ad neat ai'Peena bales vet Wsilsg itosgslf111;7' +, aceiniodedg.. hatlair' soda sad defend ibt said 1L... 1l arhlw raw-. ;h• Sot thsores sod prposestheenset forth mills' g'd'abm`ry'°� --•44," ' 7 . €70081 N .. 'X { .s+ "a'' .y wears.. -w. wo,c,.,vw t,'' Tu+,hr+ -:.' ' ''''.,„'T., *. tea.. a+ s '-, , s• r.. .✓ tgR'wj.AY'f �i+tr fv.' r J J c, Ay . r. xt', 's. 4 a ,,t a't?- t ale aaf---- - es w n.a r.air as ass a tan ca.ass.as new . : 399697 tibia H web, Made tit.. list_ d e,d.-_..3sgtember _,..-_-- ₹ ' WARRANTY D® la the pardon Lad one tiooaod nine hundred and_twe7Lt.Y_LAO Elisabeth Lehi —,between Elisabeth Lehi ---.. -- . 7qy:%.: ,• d the ---- Canty d Held -- sad BtasdCoiradydtie 70. Weld County fad PK ad We1A Crnent7.Cnlorado. •� Wffygingm,net the amid pert_y_. the fine "fiesewed�a pat, d i ?yx�aatrmt[arinq - - - d One dollar +e+adaatiadtheens r, Oar er Ira `t- oad 'ihts H'asq Dad sr id 1nr,amtd is the rid pert er at i Ird paid by the eel pert ,,, � ftactink A y JAs s NMI part,the reedpt.heed it day eased and ariaoehdpd,la p grand,erpi.i,lad ad - C. E. Weirton eenrd,ad by thew prssb do-firm,�^`m,yrpm,d.came and earn ate the and , H. C. arable yew., >etl-d dr said pal ts/suc�o adps leaver,d tie togas�r— wa a.7b Pea- , lef�a perel-- had,data,bma and hag v the _. __________ Camay d Weld ad 86*.et Cbhadq tonit: gr A parcel of lend in the Northeast Quarter (NEI) of Section (Yr __Thin—7-1301, Township One (1) North of Range Stxt -"- - - -- -� Halt ._ - _ _-- - yas fa (65) o - __ _CJ�thS 6th r. N. ■ore particularly described as folio*a; ---Begipnin -at a point 475 feet north and 30 feet west of.the C - _ smarter Corner common to Sections Twenty-fine and Thirty, _ __ Townsh3 .ft-i-(1)(1) North of Range Sizt -Pive (65) West of the 6th _ - ___ P.-W.,- thence West 280. 5 feet; thence Worth 33e 00_West 167 feet) thence North-58.50T East 605 feet;thence south 611.5 Net to the --- b; _-__ _ point point of_beginning, containing in an 3.13 acres note or less; +, _. ... including the right of way of the Bull Seepage Ditch, said ditch r _-- ----__ . _right of War_ containing npproZltatel7 one-half acre; - „if:- -- -- - - ._. C. rr TOCETHHR_with si sad the he,abtamste andthereinto -_. and wweat reader ad naaidea rata ass ad profits athereof;ad all ppurtenances thabelonging,or i eeM, la and dg,and the aener t t. the add pet the let pert,ear is ie ore a�4 tight,title,ant, nee aa dsdd pe a hen d airy,d.i d to the above bupiad panes ap with the Meditaean ad spearhead TO HAYS AND TO HOLD Si, as id ter i above hapid and d amid,with tie appat.rs,as eta an aid Own—Let the and part. its wn as 1-2-.ad a^p.Mena lad the aid 111sabetI Lehi__ s _- N't. »-»-__-- ------cline,sane eel d_e_— I the sd part .t tie ens d pet, ita/aueeeMrsd ape,tit at the the and*Avery ate as pa ,. fib .1i u..:d • • - lily__ d the Dense aim a nepad,a dlead,a a as peden,ahad d ad sddaaelie eats d ui:Lapeas she 1 +• elan Ss tall paid!oar and i�e id ataily le pat,I— ,and ma nn the week maser d fen thread.ad the ather,is law, r as the sad pasts harpies,mien bey ism,sasses d iaskraaes et eb dna lad cap --r—e aver: p' fc - ad the aka harpsied peniaia the quiet sad paeahs pesa of the a set --- a the sand pa,t,lts/ succe a>t orsarl ses, spier ii ad any pen a pas led*than or to alga the whale re ay part tinsel,the aid part._af the at atTARRANT AND PORED=DEPEND. pad aim!ad ]otf xl WITIONS i �GPn The aid d.t---,+the fat part Ya t re her haed—led net_the des ad - Aped,85.4 ad Defined Parma d Elisabeth Lehi BEAU i ` ---- 5i ---- NNW 3'' ---- ..--. Mal k" ---- NEW .4_y; Bra ON COLORADO, ( ,;'t.;:—_» l a C n ' Aden 7. .1. Paul Hill ^≥axesylaNisisdf: ---- ski n a ' '-_'_ the 8taq aforsid,m Lathy cent t4 Elisabeth Lehl adaisliepe�-- �+—..a. is -+.-yrdtothe annexed d i paw* boa - athe appeal bins s tin pas d}, .e. .h.�-.aaL sa d d deadamid the aidstig r tens d a�. deg a Garrett Resources Company, Inc. 1552 Pennsylvania Street Denver, Colorado 80203 February 3, 1987 jr71, rLC Board of County Commissionersftr� Weld County Centennial Center FEB 5 1987 fill 915 10th Street Greeley, Colorado 80631 Dear Sirs: Garrett Resources Company, Inc. hereby requests the Board to waive the sealed bid process for leasing the following described tract of land for oil and gas: Township 1 North, Range 65 West, 6th P.M. Section 30: A 2.63 acre parcel of land described as follows: Beginning at a point 475 feet North and 30 feet West of the quarter corner common to Section 29 and 30; thence West, 288.50 feet; thence North 33°00 minutes West, 167 feet; thence North 38°50 minutes East, 605 feet; thence South, 611.50 feet to the point of beginning, containing 2.63 acres. Garrett Resources Company, Inc. offers to lease the tract for a 3 year term and a $200.00 bonus and a 12.5% royalty. We hope that the Board will approve this lease at its meeting Monday, February 9/ 1987. Very truly yours, mead Michael S. Dulacki Landman for Garrett Resources i r t Hello