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SIGN OIL AND GAS LEASE NUMBER 571
E. B. O'HARA
RANGE 61, TOWNSHIP 3 NORTH, SECTION 5:NZNz (a/k/a Lots 1,2,3 &4)
EXPIRES FEBRUARY 2, 1977:
WHEREAS, E. B. O'Hara of 812 Patterson Building, Denver, Colorado,
80202, has presented an Oil and Gas Lease, covering the following described
land, situated in Weld County, Colorado, more particularly described as follows:
Range 61 Township 3 North Section 5
N2N2 (also described as Lots 1, 2, 3 and 4)
and
WHEREAS, the Board believes it to be in the best interests of the
County to sign said lease.
NOW, THEREFORE, BE IT RESOLVE), by the Board of County Commission
^s,
Weld County, Colorado, that they accept said lease by signing, s copy of which
is hereto attached and made a part of this resolution with E. B. O'Hara, $1.00
per acre bonus and annual delay rental of $1.00 per acre has heretofore been
received and recognized by receipt number 772 under date of February 2, 1972.
The above and foregoing resolution was, on motion duly made and
seconded, adopted by the following vote:
AYES: =G t. a,(f %" ✓17/`,
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y(�u. i ( ., CG.I
, E BOARD 0 0 COMMISSIONERS
WELD COUNTY, COLORADO
DATED: FEBRUARY 2, 1972
..r _ Y'/ �,1-,U
662 .
Form BP—(Prodptela) C OIL AND GAS LEASE
Ran.,Okla.&Colo. 1957 res,ution dated 2/2/72
THIS AGREEMENT, Entered Into this the_ 29th wag of January 19 72
between WELD COUNTY ROAIW_OF COUNTY COMMISSIONERS. Greeley. Colorado 80631
hereinafter caned lessor,
and E. B. 0'd.t,j2A, 312 Fat won H1dS., Denver. Colorado 80202 hereinafter called lessee,does witness:
1. That lessor,for and in consideration of the sum of�est.& More Dollars in hand paid and of the covenants and agreements hereinafter contained
to be performed by the lessee has this way granted,leased,and let and by these presents does hereby grant, lease,and let exclusively unto the lessee the
herein.ner described land,and with the right to a this lease or any part thereof with other oil and gas leases as to all or any part of nthe lands covered
thereby as hereinafter proved,for the purpose of carrying on geological,geophysical and other exploratory wok,including core rinmg,and the drilling,mining,
and operating for,producing,and saving all of the oil,gas, c singhead gas, asinghead gasoline and all other gases and their respective constituent vapors,
and for constructing
roads,laying pipe lines.building anks,storing oil,building power stations,telephone lines and other structures thereon necessary
convenient for the economical operation of said land alone or conjointly with neighboring lands,to produce,save,take care of,and manufacture all of such
substances,and for housing and boarding employees,said tract of lend with any reversionary rights therein being situated in the County of_- ,
Weld state of Colorado ,and described as follows,
1002 (also described as lo_ts_a_I,__2,_3. and 4) L
in Section 5 _,Township 3North Range 61 West ,and containing-160!2(kres,more or less.
2. It is agreed that this lease shall remain in full force fora term of Five (5) years from this date, and as long thereafter as oil
or gas.or either of them,is produced front said land or from lands with which said land is consolidated,or the premises are being developed or operated.
3. In consideration of the premises the said lessee covenants and agrees:
To deliver to the credit of lessor,free of cost,in the pipe line to which lessee may connect his wells. the equal one-eighth IV., part of all oil
produced and saved from the leased premises.
4. The lessee shall monthly pay lessor as royalty on gas marketed from each well where gas only is found.one-eighth It I of the proceeds if sold at the
well,or if marketed by lessee off the leased premises,then one-eighth i of its market value at the well.The lessee shall pays the lessor: one-eighth iv,
of the proceeds received by the lessee from the sale or caainghead gas.a produced from any oil well;ibi one-eighth of the value,at the mouthof the well,
Computed at the prevailing market price,or the casinghead gas,produced from any oil well and used by lessee off the leased premises for any purpose or
used on the leased premises by the lessee for purposes other than the development and operation theruf.Lessor shall have the privilege at his own risk and
expense of using gas from any gas well on said land for stoves and inside lights in the principal dwelling located an the leased premises by making his own
connections thereto.
Where gas from a well or wells,capable or producing gas only.Is not sold or used fora period of one year.lessee shall pay or tender as royalty,an
amount equal to the delay rental as provided in paragraph 15i hereof payable a s annually on the anniversary date or this lease following the end of each such
year during which such gas is not sold or used,and while said royalty Is so paid or tendered this lease shall be held as a producing property under para-
graph numbered two hereof.
5. It operations for the drilling of a well for ml or gas a not commenced on said land on or before the 29th day of January ,,,73
this lease shall terminate as to both parties, unless the lessee are
c rt before said date par or tender to the lessor or for the lessor's credit in the
Board of County Cnmmiaaionastsk at _Greeley,_Colorado n9 0631e8 or its sue as rs. which Bank and its suc-
cessors are the lessor's agent and shall continue as the depository of any and regardless of changes of Ownership In said
e v
land or in the MI and gas or in the rentals to accrue hereunder,the sum of One Htmdred Sixty--•----_720/100--_720/100:.Dollars, which shall se-
rate a8 a rental and Myer the privilege of deferring the c e e ant of operations for drilling for period of one year, In liken and upon like
payments or tenders the commencement of operations for drilling may further be deferred for like periods successively.All payments or tenders may be made by
heck or draft of lessee or any assignee thereof,mailed or delivered on or before the rental paying date.either street to lessor or assigns or to said depository
bank and it is understood and agreed that the consideration first recited herein,the down payment.covers not only the privilege granted to the date when
said first rental is payable as aforesaid.but also the lessee's option Of extending that period as aforesaid and any and all other rights conferred. Lessee mar
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 the rentals
payable hereunder shall be reduced in the proportion that the acreage covered hereon Is reduced by said release or releases.
e. Should the first well drilled on the above described land be a dry hole,then,and in that event,if a see and well is not commenced on said land
within twelve months from expiration of the last rental period for which rental has been paid, this lease shall terminate as to both parties, unless the
lessee on or before the expiration of said twelve months shall resume the payment of rentals in the same amount and In the same manner,s herelnbefore
provided. And it is agreed that upon the resumption of the payment of rentals.as above provided,that the last preceding paragraph hereof,governing the
payment of rentals and the effect thereof shall continue in force Just as though there had been no Interruption in the rental payments.
7. If said lessor owns a less interest in the above described land than the entire and undivided fee simple estate therein,then the royalties and rentals
herein provided shall be paid the lessor only in the proportion which his interest bears to the whole end undivided fee. However.such rental shall be In-
creased at the next succeeding rental anniver ary after any reversion occurs to cover the interest so acquired.
8, The lessee shall have the right to use.tree of cost.gas.oil and water found on said land for its operations thereon.except water from the wells of
the lessor. When required by lessor,the lessee shall bury its pipe lines below plow depth and shall pay for damage caused by its operations to growing crops
on said land. No well shall be drilled newer than 200 feet to the house or barn now on said premises without written consent of the lessor. Lessee hall have
the right at any time during,or after the expiration of,this lease to remove all machinery, fixtures houses. buildings and other structures placed on said
premises.Including the right to draw and remove all casing. Lessee agrees.upon the completion of any test as a dry hole or upon the abandonment of any
producing well.to restore the premises to their original contour as near as practicable and to remove all Installations within a reasonable time,
g. If the estate of either party hereto is assigned land the privilege of assigning in whole or in part is expressly allowed 1,the covenants nereof shall extend
to the heirs,devisees,executors,administrators,successors, and assigns,but n n change of ownership In the land or in the rentals or royalties or any surn
due under this lease shall be binding on the lessee until it has been furnis hed with either the original recorded instrument of conveyance or a duly certified
copy
administrator,for thecertified
copy of the will of estate of any deceased owner,sed owner whichever is appropriate,d of the together te thereof,or ll origins recorded Instrumenta of the l of showing conveyance
appointment duly certi-
fied of
copies thereof necessary in showing a complete chain of title back to lessor to e full interest original
and all advance payments of y rentals made here•
under obefore receipt of saiddocuments shall be binding on any direct or indirect assignee, grantee,devisee, administrator, executor, or heir of lessor.
10. It is hereby agreed that In the event this lease shall be assigned as to a part or as to parts of the above described land and the holder or owner
of any such part or parts shall make default In the payment or the proportionate part of the rent due from him or them.such default shall not operate to
defeat or affect this lease insofar as it covers a part of said land upon which the lessee or any assignee hereof shall make due payment of said rentals.
11. Lessor agrees that the lessee,at its option,may pay and discharge in
whole o n part any taxes,mortgages,or other liens existing.,levied,o assessed an or against the above described lands and,in event it exercises such option,
it shall subrogated 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 royalty or rentals accruing hereundev
12. Notwithstanding anything in this lease contained to the contrary,it is expressly-agreed that if lessee shall commence operations for drilling at any
time while this lease is in force,this lease shall remain in force and Its terms shall continue so long as such operations i,a e.prosecuted and, if production
results therefrom,then as long as production continues.
If within the primary term of this lease,production on the leased premises shall cease from any cause this lease shall not terminate provided ope-
rations for the drilling of a well shall be commenced before oror the next ensuing rental paying date:or,provided lessee begins s the payment of
rentals in the manner and a e this
amount heretnbefo provided. If,after the expiration of the primary term of ts lease,production on the leased premises shall
cease from any cause.this lease shall not terminate provided lessee resumes operations for re-working or drilling a well within sixty 1801 days from such
cessation and this lease shall remain In force during the prosecution'of such operations and. If production results therefrom. then as long as production
continues.
al. Lessee Is hereby expressly granted the right and privilege,which Lessee may exercise at any time either before or after production has been
obtained upon this premises or any premises consolidated herewith)to consolidate the gas leasehold estate created by the execution and delivery of this lease
or any part or parts thereof,with any other gas leasehold estate or estates to form one r or more gas operating units of not to exceed approximately 810 a
each. If such operating unit or units is so created by Lessee.Lessor agrees to accept and shall receive out or the gas production from each such unit such
portion of the gas royalty as the number of ac m out of this lease placed In such unit bears to the total number of a Th
s included in such unit. The c
mencement o completion of a well,or the continued operation Srproduction of gas from an existing well, on any portion of an operating unit shall be
construed and considered as the commencement or completion or a well,or the continued operation of.or production of gas from a well on each and all
such of the lands within and comprising operating unit: provided,that the provisions of this paragraph than not affect the payment or 0-payment of
delay rentals with respect to portions of this premises not Included ins unit, but this lease as to such portions of this premises not Included in a unit,
shall be deemed to be a separate lease. In the event portions of the above described lands are included to several units, each portion so included shall
sunstitute a separate lease. and the particular owner or ownersOf the lands under each separate lease shall be solely entitled to the benefits of and be
bject to the obligations of lessor under each separate lease. Lessee shall execute In writing and record in the conveyance records of the county in which
the land herein leased is situated an instrument identifying and describing the consolidated acreage.
Id, Tlrit lease and all its terms,conditions and stipulations shall extend to,and be binding on ach of the parties who signs this lease.regardless of
whether such lessor Is named above and regardless of whether it is signed by any of the other parties herein named as lessors. This lease may be.signed
in counterparts.each to have the same effect as the original.
IN WITNESS WHEREOF,we sign the day and year first abuor wrote. Weld County, Colorado, A Political Subdtuision
Witness: of the State of Colorado, By The Board of
ATTEST: County issioners
/By: (,& tJ os1c / 7 /(7 y �I e _,./., ,.
County Clerk nd Recorder "1;0/(7,
i
'
By:7-' 22e'_ �,� /e7.•yzo Deputy County Clerk Recorded.I_ o'cto� Rl. .3:72
tea.
No. 1583530 ---Ann Spomer,Recorder
•
rw. ;.w.
:.:•,.. Upon the termination of this lease•in whole•or in part by election or by failure to' •
"''•:,
,
- make payments as aforesaid, lessee or his assigns shall within 30 days release by., • •
, written instrument the land or portion thereof which said lease -terminates, . and
•
• said notice shall also be sent to the lessor giving the book and page 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 Counters
or boards of-County Commissioners:end provision herein in conflict therewith' shall
be inoperative.end voids►.
1
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it ' ' 66 b 1563530
STATE OF Colorado
COUNTY OF_
Weld } ss. ACKNOWLEDGMENT FOR INDIVIDUAL (Kans., Okla.,and Colo.)
Before me, the undersigned,a Notary Public, within and for said county and state,on this 2nd -
day of February , 19 72 , personally appeared Glenn K. Billing
and Harry S. Ashley, Marshall H. Anderson, The Board of County Commissioners of
Weld County, Colorado
to me personally known to be the identical person_who executed the within and foregoing instrument and acknowledged to me
that executed the same as free and voluntary act and deed for the ses and r ses therein set forth.
IN WITNESS IT OF, I have hereunto set my hand and o ' ' 1 seal the day nd ar last o written.
ma ,
My commission expires - Y6 � � - �L7/
l Notary Public.
STATE OF_ y ss. ACKNOWLEDGMENT FOR INDIVIDUAL (Kans., Okla.,and Colo.)
COUNTY OF
Before me, the undersigned,a Notary Public, within and for said county and state,on this
day of , 19 , personally appeared
and
to me personally known to be the identical person_who executed the within and foregoing instrument and acknowledged to m
that executed the same as free and voluntary act and deed for the uses and purposes therein set forth.
IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day and year last above written.
My commission expires
Notary Public.
STATE OF }ss. ACKNOWLEDGMENT FOR CORPORATION
COUNTY OF
On this day of _,A. D., 19 ,before me,the undersigned,a Notary Public
in and for the county and state aforesaid, personally appeared
to me personally known to be the identical person who signed the name of the maker thereof to the within and foregoing
instrument as its President and acknowledged to me that _executed the same as free and
voluntary act and deed,and as the free and voluntary act and deed of said corporation,for the uses and purposes therein set forth.
Given under my hand and seal the day and year last above written.
My commission expires
Notary Public.
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NOTE: When signature by mark in Kansas, said mark to be witnessed by at least one person and also acknowledged.
For acknowledgment by mark, use regular Kansas acknowledgment.
STATF. OF_ ss. ACKNOWLEDGMENT FOR INDIVIDUAL (Kans., Okla.,and Colo.)
COUNTY OF
Before me, the undersigned, a Notary Public, within and for said county and state,on this
day of , 19 , personally appeared _
and
to me personally known to,be the identical person who executed the within and foregoing instrument and acknowledged to me
that executed the same as free and voluntary act and deed for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand aut; official seal the (lay and year last above written.
My commission expires____,_
Notary Public.
E. B. O'HARA
OIL AND GAS PROPERTIES
600 PATTERSON BUILDING
DENVER 1, COLORADO
HOME PHONE 237-2957 OFFICE PHONE: 525-5451
January 27, 1972
Samuel S. Telep, Esq.
Weld County Office of County Attorney
First National Bank Bldg.
Greeley, Colorado 80631
Re: Oil & Gas Lease - Weld County, Colo.
N1/2101 5-3N-61W
Dear Mr. Telep:
Thank you for your letter dated January 25, 1972, with
reference to leasing the captioned acreage in Weld County.
I have prepared and enclose herewith for execution, a
lease covering this acreage for a term of five years. I also
enclose my check in the amount of $320.40 which represents a
bonus of $2.00 per acre. Please note that your letter requested
a check in the amount of $640.00 which I believe is an error in
view of the fact that I am leasing only 160.20 acres . Please
return the original lease to my office after same has been
executed.
I would greatly appreciate receiving a list of any
other unleased minerals you may have in Weld County.
Very ruly yours,
E. B. O'Hara
EBO:RC
Enc.
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