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this Board has been presented w am Oil & Cam:. A.-779.',-.,11:::!' :.
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.-.$0,-,siEn said leasef'
T , BI tT 1 Qm j rby a Sear of Cody. ss .c*ears
'21;1,-1' IA co :dt ,-.colo , ,that` try sign Said'Lease With The Califo Ccak>�
of a et p of.ground in the of Soot 2'E T tshi 8 l� h.
e Teet.,e ' .tom ,:.
8t. b P.Y.,'coatsa4ai i.62 aero� As described .is .said '- �,
Lease, (soli; off' *ice ie herei "attached, ace�g-to the terse and coed tieae
of eald leads and upoit.;.thitr att,Iment of the LeaaeR
' The above' and foregoing resolution'eras,, oa ee ion duly ride and
ended, adopted by the following vote: '
er
THE BOARD"0? C C0i0LISSI
' . ' .iesa coon*. colowo. ..
., DATED: 11, 1954
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OIL AND GAS LEASE
CALIIJRIIA COMPANY
Sec 2 SN 6614
5 yeext `
June a 195,4
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to
June 11� 1959
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Chairman Board County Cu;m:nssianers. N ..
OIL AND OAS LEASE `
TITS AlR►eVENT, dated the // day of June A.D., 195h, by and
between T`;P COUNTY OF WELD, STATE OF COLQPAi.O, acting by and through its
Board of County Commissioners, First Party (hereinafter sometimes called
"Lessor" ), and TRF CALIFORNIA CC)I PANY, A California Corporation, Second Party
(hereinafter sometimes called "Lessee")t
KITNESSeTH
1. Lessor, for and in consideration of 4 5 - i cash in hand
paid, receipt of which is hereby acknowledged, of the royalties herein
provided and of the agreements of the Lessee herein contained, hereby, subject
to all of the provisions, conditions and limitations hereinafter set forth,
grants, demises, leases and lete exclusively unto Lessee the land hereinafter
described for the purpose of investigating, eleAoring, and drilling for, pro-
ducing, saving, taking, owning, transporting, storing, handling and treating
oil and gas together with all rights, privileges and easements useful or
convenient for Lessee's operations hereunder on said land and on other lands
in the same field, including but not limited to pipe lines, tanks, power
4 ,. stations and other structures and facilities. The land included in this
lease is situated in the County of Weld, State of Colorado, and is described
1 as follows, to-wit,
A strip of land 30 feet in width off the entire
south side of the Si SEj, Section 28, Township
8 North, Range 66 Wiest.
(1.82 acres)
2. Subject to the other provisions herein contained, this lease
shall remain in force for a period of five (5) years from the date hereof
and so long thereafter as oil or gas is produced from said land or Lessor may
share in royalties payable on account of production of oil or gas from lands
adjacent to said tract under terms of Paragraph 5 hereof.
3. This is a paid-up lease. 1n consideration of the cash down
payment receipted for in paragraph numbered 1 hereof Lessor agrees that Lessee
shall not be obligated at any time while this lease is in force, whether dur-
ing the primary term or thereafter, nor for any reason, to drill or conduct
drilling, development or production operations on the lands covered hereby.
It is Ctrther agreed that Lessee shall not have the right, without the written
consent of the Lessor first had and obtained, to drill on said above described
land or to conduct actual drilling, development or producing operations there-
on or to place any structures thereon, above the surface of the ground provided,
however, that Lessee shall have the right without obtaining such consent to
lay, repair, replace, operate and remove pipe lines for the transportation of
oil, gas, water and other substances, and to install, maintain and operate
power lines in, under, over, *no across said land provided that sass can be
and is done in such manner as not to ierfere with the proper use of said land
by Lessor for County purposes including the removal of road building material.
h,. In the event oil or gas be actually produced from the lands
covered by this lease and saved or marketed, then royalty on such production
shall be paid as follows, subject to the other provisions of this agreement!
On oil, 1/8 of that produced and saved or marketed and
not used for operating purposes from the leased land,
to be delivered at the wells or to the credit of the
Lessor into the pipe line to which the wells may be
connected, or, at Lessee's election, the market value
thereof prevailing the day the oi/ is run into the pipe
line or in storage tanks.
On gas, including casinghead gas or other gaseous sub-
stance, produced from said land and sold or used, the
market value at the well of 1/8 of the gas so sold or
used, provided that on gas sold at the well the royalty
shall be 1/8 of the amount realised from such sales.
5. In the event oil or gas shall not be produced from the tract of
land covered by this lease, but shall be produced from any other part of the
Si SEi, Section 28, Township 8 North Range 66 West, 6th P'i' Weld County,
Colorado, by the Lessee, and in the absence of any cooperative or unit plan
of development or operations providing for the pooling or consolidation of
acreage entered into by Lessor as to said lands and providing for some dif-
ferent method of royalty payment, then Lessee shall, subject to the other
provisions of this agreement, pay Lessor as a royalty!
On oil, 1.82/80 of 1/8 of that produced and saved
or marketed and not used for operating purposes
from the Si SEi of said Section 28, to be deliver-
ed at the wells or to the credit of the Lessor into
the pipe line to which the wells may be connected,
or, at Lessee's election, the market value thereof
prevailing the day the oil is run into the pipe line
or in storage tanks.
On gas, including casinghead gas or other gaseous sub--
stance, produced from the Si SE4 of said Section 28 and
sold or used, the market value at the well of 1.82/80
of 0 of the gas so sold or used, provided that on gas
sold at the well the royalty shall be 1.82/80
of 1/,8 of the a+'.ount realized from such sales.
6. No royalty shall be payable hereunder on any oil or gas produced
from the lance covered hereby, or from any part of the Si SE* of said Section
28, which is used by Lessee in its operations on any part of the Si SFi of said
Section 28.
7. If the Lessor owns less interest in the land covered hereby and
in the oil, gas and other mineral rights therein than the entire and undivided
fee simple estate therein, then the royalties hereinabove provided for shall
be paid the Lessor only in the proportion which the Lessor's interest bears
to the whole and undivided fee.
In the event any third person shall dispute the title of the Lessor
herein and to the oil, gas and other mineral rights in said tract, or question
the right of the Lessor to execute this lease, then and in either of such
events Lessee shall have the right to withhold all royalty payments payable
upon production as herein provided without interest obligation, until such
dispute or question and the ownership of the oil and gas rights in and under
said land and said royalty shall be finally determined, and payment of said
royalty on such production shall thereupon be made to the person or persons
so determined to be entitled thereto.
8. All payments or tenders of royalty hereunder, when payable in
money, may be made by check or draft of Lessee or any assignee thereof to the
County of Weld, State of Colorado, mailed or delivered to said County of Weld
at such address as the said County of Weld shall from time to time notify
Lessee in writing. Said royalties shall be payable on or before the 20th day
of each calendar month on the previous month's production.
9. The lands covered hereby may be unitised, pooled or coahined
as to all or any part thereof with other lands in the same general area by
Lessor's entering' into a co—operative or unit plan of development or operation
providing for the pooling or consolidation of acreage. In the event that
the lands covered hereby, 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 cover—
ed by said plan, then the production allocated to any particular tract of
land shall, for the purpose of computing the royalties to be paid hereunder
to Lessor, be regarded as having been produced from the particular tract of
land to which it is allocated and not to any other tract and the royalty paye
ments to be made hereunder to Lessor shall be based upon production only as
so allocated. Lessor may by such agreement with the consent of Lessee change
any or all of the provisions of this lease including the term hereof in order
to conform this lease to the terms and provisions of such agreement and to
facilitate the efficient and economic production of oil and gas under such
agreement.
10. This lease is executed without warranty expressed or implied,
however, it is the intention of the parties hereto that this lease shall cover
not only the interest which Lessor now owns in said land, but any interest
which it may hereafter acquire therein. Lessor agrees that the Lessee, at
its option, may pay and discearge any taxes, mortgage or other liens existing,
levied or assessed on or against the land covered hereby, and, in the event
it exercises such option, it shall be aubrogated to the rights of any holder
or holders thereof and may reimburse itself by applying to the discharge of
any such mortgage, tax or other lien any royalties accruing hereunder.
11.. This lease contains the entire agreement between the Lessor
and the Lessee, and no implied covenants shall be read into this lease.
12. Lessee may at any time surrender this lease by delivering to
the Lessor, or by filing for record a release hereof, and thereupon Lessee
shall be released and relieved of all obligation thereafter accruing hereunder.
13. The rights of Lessor and Lessee hereunder may be assigned in
whole or in part. No change in ownership of Lessor's interest (by assignment
or otherwise) shall be binding on Lessee until Lessee has been furnished with
notice, consisting of certified copies of all recorded instruments or docu—
ments and other information necessary to establish a complete chain of record
title from Lessor, and then only with respect to payments thereafter made.
No other kind of notice, whether actual or constructive, shall be binding on
Lessee, and Lessee may continue to make payments precisely as if no change had
occurred. No present or future division of Lessor's ownership as to different
portions or parcels of said land shall operate to enlarge the obligations or
diminish the rights of Lessee, and Lnasee'e operations may be conducted with—
out regard to any such division. If all or any part of the Lessee's interest
hereunder shall be assigned, no leasehold owner shall be liable for any act
or omission of any other leasehold owner.
14. This lease and all its provisions shall be bincing upon and
inure to the benefit of the parties hereto and their respective successors
and assigns.
EXECUTED IN TRIPLICATE as of the day and year first hereinabove
written.
ATTEST: BOARD OF COUNTY CO K;ISSIONERS OF
WELD COUNTY, COLORADO.
4,\Apir4a, /,/-, /
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FIRST PARTY AND LESSOR
THE; CALIFORNIA CO)1PANY
;7
Its
By
Its
SECOND PARTY AND L :SSEE
STATE OP COLORADO)
) SS.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this //dday
of (9_ `f , 1954, by .-,4416 <J l Chairman, and
' Clerk of the Hoard of County Commissioners of Weld County, Colorado.
� S MY hand and official seal.
T4otr4ry Pub c . l
y Commission expires February 5, 1556
Ny oOLs esiem expires
STATE O'' LOUISIANA)
SS.
PARISH O'` ORLEANS )
On this day of , 1951i, before me appeared
and , to me personally known, who,
I.
beirv7 by me duly sworn did say that they are the . . _... and
respectively of Mr' CALiF'O1t:iIA CU P,44Y, a California
corporation, and that the seal affixed to said instrument is the corporate seal
of said corporation and that said instrument was signed and sealed in behalf of
said corporation by authority of its Board of Cirectors, and said appoarers ack—
nowledged said instrument to be the free act and deed of said corporation.
IN ':i'T:7 .0 RE ;' I have h...reunto set ;:,y official hand and seal on
the date hereinabove written.
:tip Lary eub l.ic in :nd Cor Orleans :Irish,
Louisiana
a:y cornTuiss t on expires at deaths
1
OIT AND GAS ?EASE
THE CALIFORNIA COMPANY
Sec 28 8N 66W
5 years
June 11, 1954
to
June 11, 1959
Dgyer. Cobrado
inns 105
-CiC:IVTD from The California Company the
sum of Twenty Five and no/100.- -dollars
($25.00- ) in full payment of the full con-
sideration under that certain Oil and Gas Lease from the
undersigned, dated Jtyae , 19 , covering
1.82 acres, more or less, in Sec. 28:
814,66W. , Weld County,
Colorado described in said lease.
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The Board of County Camaissionere.
wewd County. Colorado
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