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HomeMy WebLinkAbout540002.tiff h ::., ,+ f L & Q'AS e �cc�" ,;..,..,..:,$2.',.. .' 4,i `is , ..;-.;L17.- t r this Board has been presented w am Oil & Cam:. A.-779.',-.,11:::!' :. i o ce�rtac n + .‘,'',.-1.,,,,',.. round in weld Cam,r Co srad• by Tea W "a `.4, , bad to be to,:.the'beet dater to of, Weld C+ ty� .-.$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 1 h _ fl LEO 1 p A . . � b . Nr, G.¢ . . OIL AND GAS LEASE CALIIJRIIA COMPANY Sec 2 SN 6614 5 yeext ` June a 195,4 m to June 11� 1959 . � } , -. , .No File. . . . . . . . . • .. - - ' f. 1 A o ≤. ' - - 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, /,/-, / B .7.; r / /e'W,,y '.;-.-1--,--It U ---;-.24(11,-;#,97,--1.7: 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. ti /.tics' (/ ( e;:r4ff(--24, zy ,went Pr 0_L) on %ham 9rria� meaner v�w0 sue, ,fog 24'/7 , nM meouer The Board of County Camaissionere. wewd County. Colorado Hello