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HomeMy WebLinkAbout710004 yws 6921 Se y, • AUTHORIZING OIL AND GAS LEASE #570 COVERING CERTAIN COUNTY MINERAL LANDS TOWN OF FT . LUPTON - SECTION 5 , SECTION 6 , TOWNSHIP 1 NORTH , RANGE 66 WEST OF THE 6th P . M . WELD COUNTY ( also 31 - 2 - 66 ) AMOCO PRODUCTION COMPANY : EXPIRES DECEMBER 15 , 1976 WHEREAS , the County of Weld , State of Colorado , is the owner of vast acres of mineral lands in Meld County , and WHEREAS , a portion of said mineral acres presently are not leased , and WHEREAS , the Amoco Production Company , Security Life Building , Denver , Colorado , has offered to lease a certain block of County mineral lands , containing 16 . 79 acres , more or less , and to pay therefore 55 . 00 per net mineral acre , for the execution of the necessary leases with annual delay rentals of 51 . 00 per net mineral acre after the first year , and WHEREAS , it is desirous and in the best interest of Weld County to accept said offer to lease the requested mineral acreage . NOW , THEREFORE , BE IT RESOLVED , by the Board of County Commissioners of Weld County , Colorado , that the offer of Amoco Production Company , as hereinabove recited , be and it is hereby accepted , for a term of five years , and BE IT FURTHER RESOLVED , that the County mineral acreage in each are as listed below : That portion of the Town of Ft . Lupton , Colorado situated in NN Section 5 and N , - Section 6 , Township 1 North , Range 66 West and SE,I_ Section 31 , Township 2 Nc rth , Range 66 West of the 6th P . M . , Weld County , Colorado , described as follows : Block 6 : Lot 1 i - jp .Block 15 : Lot 11 : North 22 . 77 ' Lot 12 2-- Block 24 : Lots 11 and 12 A Block 30 : Lots 1 through 4 : 15 , 16 Block 31 : Lots 27 and 28 (— Philpott ' s Subdivision Block 1 : Lots 10 through 14 : 16 & ! . . Block 2 : Lots 4 through 10 : 14 through 16 (9 Block 3 : Lots 7 and 11 Block 4 : Lots 9 through 12 - ( Riverview Addition LP Block A : Lots 16 : 25 through 28 Block B : Lot 18 Twombly Addition } 4.-' Block 1 : Lots 12 through 14 I er Block 2 : Lots 10 and 27 Twombly 2nd Addition _ / — Block 3 : Lots 1 through 10 : 15 through 20 �o G Webers Addition _ Block 1 : Lots 14 and 15 Winbourns 2nd Addition Block 25 : Lots 3 through 10 Wulfekuhler ' s Addition Block 2 : Lots 13 and 14 Block 4 : 13 , 14 , 17 and 18 4c Block 5 : Lots 5 through 10 : 26 through 28 1 g Block 6 : Lots 17 through 22 !� tc ,.. Block 7 : Lots 7 through 10 Block 8 : Lots 23 and 24 LEO -a- 00 ' / 000q - 2 - fry7Wulfekuhler's Replat c !Pit it ktlock A: Lots 22 through 26 ' 5 1-Block B: Lots 10 and 27 flock C: Lots 1 through 6: 11 through 20 ('Block D: Lots 11 through 20 / �� The above and foregoing resolution was, n motion duly made and seconded, adopted by the following vote: AYE /r ' THE B0 RD OF✓COUNTY COSSIONERS WELD COUNTY, COLORADO Dated: December 15, 1971 659 y Producers 88(272)a-ea--Colorado -c ___...�l� .L. -�yV .._. P e -.p,m -.e:orda OIL, GAS AND MINERAL LS ,y THIS AGREEMENT made this 28th day of October .. .. -- - 19...n.between Weld..Count3r,_a-political subdtwisir ..of the._State...of Colorado, by..the...Board of County Comassifanere4...tor...its...reapentiy*.iatireet ale Board of...County-Commissiiooneers,-Weld County...Court_Hause,--Greeley- -Colorado Lessor(whether one or more),and.-.A, ....Fyyryuetiqu...Ca' ,-_3 .ty a- .„--De vet, Colorado- Lessee,WITNESSETH: 1. Lessor in consideration of 5Yen_ -more /er...se.... .e. r... rt..r..rt.. .. A. Dollars ),in hand paid.of the y It herein provided,and of the g nt of Lessee herein contained hereby grants.leases nd lets exclusively unto Lessee for the peuatpose of io a tugg tmg exploring,prosppectmm,drilling and mining£or and producing oil gas ther hydrocarbons and, -'� rthout restriction to s ch enumerated m eralss Il then n rals hether i ilar or dissimilar to those f,treatlatrane erified herein,laying pipe lines, t building tanks,power stations,telephone[lines and other structures��Weld to produce,save,take care of port and own said products,and housing its employees,the following described land in t9> County,Colorado,to-wit: (See attached description rider) In addition to the land above described,Lessor hereby grants,leases and lets exclusively unto Lessee to the same extent as if specifically described herein all lands owned or claimed by Lessor which are adjacent, a contiguous to or formpart of the lands above particularly described,in- cluding all oil,gas,other hydrocarbons and all other minerals underlying lakes,rivers,streams.roads.easements and rights-of-way which traverse or adjoin any of said lands.For rental payment purposes,the land included within this lease shall be deemed to contain + acres, whether it actually comprises more or less. [[ �1!7 2. Subject to the other provisions herein contained,this lease shall be fora term of 1!Y/ean from this date(called"primary term")and as long thereafter as oil,gas,other hydrocarbons,or other mineral is produced from said land her der,or drilling or reworking operations are conducted thereon. 3. The royalties to be paid by Lessee are;(a)on oil,one-eighth of that produced and saved from said land,the same to be delivered at the wells,or to the credit of Lessor into the pipe line to which the wells may be connected;Lessee may from time to time purchase any royalty oil in its possession,paying the market price therefor prevailing for the field where produced on the date of purchase; (b) on gas. including ca'inghead gas or other hydrocarbon substance,produced from so ld land and or used off the premises or in the manufacture of gasoline or other products 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; (c)on all other minerals mined and marketed,one-tenth either in kind or mine. value at the well or at Lessee's election,except that on sulfur the royalty shall be fifty cents(504)per long ton.Lessee shall have free use of oil,gas,coal,wood and water from said land,except wa ter 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 shut in,this lease shall continue tie in effect for a period f one year from the date such wellis shut in.Lessee or any assignee may thereafter,in the manner provided herein for the payment or tender of delay e ntals,pay or tender 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.1f such payment or tender is made,this lease shall continue in effect for a further period of one year.In like manner 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, o anniversary date Lessee shall tender to Lessor or to the credit of Lessor ��,�pge n �ptuntl,es�s on or fsu4M} pay or fir_ -�... 'gt septic'09"![ll`artgs tyrdr7�lPt�tltF[s payab #'�G � (which_ lncessoit are y son's yance anges in ownership of said or the rentals either b on r c ve or by the death or incapacity of Lessor)the sum of SIXteen,--and 79/300 a. Dollars (9.. eyp ),(herein called rental),which shall cover the privilege of deferring commencement of operations for drilling for a period of twelve 11�2onths 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, draft or check at the option of the Lessee;and the depositing of such currency,draft or check in any post office,properly addressed to the Lessor,or said bank,on or before the rental paying date,shall be deemed payment as herein provided.It such bank(or any successor bank)should fail,liquidate or be succeeded by another bank,or for any reason fail or refuse to accept rental.Lessee shall not be held in default for failure to make such payment or tender of rental until thirty(30)days after Lessor shall deliver to Lessee a proper recordable instrument,naming another bank as agent to receive su ch uch pay- ments or tenders.The down cash payment is consideration for this lease according to its terms and shall not be allocated arental for a period. Lessee may at any time execute and deliver to Lessor or to the depository above named or place of record a release releases covering v ing any portion or portions of the above described e and thereby surrender this lease as to such portion 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 hereby is reduced by said release or releases. If Lessee shall,on or before any rental date,make a bona fide attempt to pay or deposit rental to a Lessor entitled thereto under this lease according to Lessee's records or to a Lessor who,prior to such attempted payment or deposit,has given Lessee notice,in accordance with the terms of this lease hereinafter set forth,of his right to receive rental,and if such payment or deposit shall be erroneous in any regard(whether deposited in the wrong depository,paid to persons other than the parties entitled thereto as shown by Lessee's records,in an incorrect mount, otherwise).Lessee shall be unconditionally obligated to pay to such Lessor the rental properly payable for the rental period involved,but this lease shall be maintained in the same manner as If such erroneous rental payment or deposit had been properly r made,provided that the erroneous s rental payment or deposit be cor- rected rected within 30 days after receipt by Lessee of written notice from such Lessor of such error accompanied by any documents and other evidence neces- sary to enable Lessee to make proper payment. 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 pursued ns said land on or before the first rental paying date next succeeding the cessation of production or drilling or reworking on said well or ells,then this lease shall terminate unless Lessee,on or before said date,shall resume the payment of rentals. Upon resumption of the payment of rentals,Section 4 governing the payment of rentals,shall continue in force just as though there had been no inter- ruption the rental payments.If during the last year of the primary term and prior to the discovery of oil,gas,or ther 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 production thereof should cease during the last year of said term from any cause,no rental payment or operations are necessary in order to keep the • lease in fore during the remainder f the primary p term If,at the expiration of the primary term,Lessee is conducting operations for drilling a new well or reworking rking n old rwell,this lease nevertheless shall continue force as long such drilling or reworking operations continue,or if,after the expiration of the primary term,production on this lease shall cease,this lease neverthelessshall continue in force if drillin or reworking operations are n d within sixty(60)days afters h cessation of roduction;if production is tored or additional production is dscovered a result of any suchcommenced drilling or reworking operations,conducted without cessation of more than sixty(60)days,this lease shall continue as long thereafter as il. gas,other hydrocarbons or other mineral is produced and as long as additional drilling or reworking operations are had without cessation of such drill- ing or reworking operations for more than sixty(60)consecutive days. and 6either of ssee, t its them option,t is n hereby given rightlease and leases when ower[o pool or in Lessee'so dine the it aris covered cary or this advisable t or any sortinuuorderthereof. to pc top oil y gas, anyjudgment necessary p cep (10'3) 10 1)develop or d operate said premises,ril. h pooling i be into a well d unit or units not c exceeding n acreage acres,plus acreage tolerance of ten per t and of forty acres, ,tic and not exceeding six created d forty or1 acres,spacing an wage unit n ten peace t(rescn of six hundred forty hors esacres,ing gas,jurisdiction. cep[that larger units may be nel to conform r to cy t spea se,or well u it pattern that may be prescribed by o govern- ' easy authorities having taa j and units s Lessee may pool or combine m acreage ee covered by this rite,or any portion chthereof,th as above provided,c to oil or gas any one tr more r stra,and dons sots need need not conform in e orwith area unit the pooling units eto which the lease i all no a pmt the as is a y other stratum or strata,and oil units need not conform as i area ut gas units.The pooling in r i o r instances rec rd not exhaust the instrof u- ments Lessee hereunder s pool this lease portions thereof into other so pooled e i hall execute in ritingtand for of record an cep[ enp metrof cile es,asi if tit and included cg the pooled acreage.The rentire acreage so tn era or p shall be treated l fga all h purposes,except the payment thereon of of allies,as a it were swell,in thislease, er drilling oa or reworking opt the thereon of royalties. n0 of oil or gas therefrom, theor such completion thereon of a well as a shut-in gas well,shall be considered for all purposes,,except thenotpayment oorl wet a if c such operations thepremiseswereh production lase were urom r oyh ies elsewh re on the land ess rby tall lece ea o nos the welld o ass bh tort on the n covered aced by his lease. In un of the royalties ea es placed herein specified, ltys shall receive from toa unit so formed,only such portion of the royalty un involved. d herein the i of his acreage h hereunder in the unit or hishe) interest n bears c es the total acreage so pooled,t the particular ataa ti Ie therea ter,Shouldwhether any unit fas oreoriginally du ion is obi confabn less t than the maximum number y of adding iona t o Lessee may enlarged any time thereafter.whether bbe- thee after production is obtained if the unit, vt such unit t is so enlarged,additional acreage thereto,but the of record shall in event exceed the acreage unitization content fy specified.In the event existing unit et; provi Lessee fl suchexecute andplacee of rear ti a of unitization declara- tion heof rtil after identifying ucon andt fined describing nthe it as added to the existingte then ennan provided,iuc that if such supplemental dl decldeclaration of unitization tization not feco a l ect p un t is t day otl he the nda a o thiney c howin t the and i uch a ant tee eocem apt duel onti Le se tershall not become y until the first day of the rmnatr month neat following the filing nthereof. In the absence of production Lessee may terminate any unitized area by filing of record notice of termination. 7.Lessee also shall have the right to unitize.pool,or combine all or any part of the above described lands with other lands in the same general area by entering into a cooperative or unit plan of development or operation approved by a y governmental authority and,from time to time,with like approval,to modify.change terminate any such plan or agreement and,to such event,the terms,conditions,and provisions of this lease shall be deemed modified to conform to the terms,conditions, d provisions of such approved cooperative unit plan of development operation and.par- , g requirements of this lease,express or implied,shall 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 agreement.In the event that said above described lands or any part thereof.shall hereafter be operated under any such cooperative or it plan of r development or operation whereby the production therefrom is allocated to different portions of the land covered 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 of land; and the royalty payments to be made hereunder to Lessor shall be based upon production only as so allocated.Lessor shall formally express Lessor's consent to any cooperative or unit plan of development or operation adopted by Lessee and approved by any governmental agency by executing the same upon request of Lessees 8.Lessee shall have the right at any time without Lessor's consent to surrender all or any portion of the 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 en lines below ordinary plow depth,and n welt shall be drilled within two hundred 1200) 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, or improvements, caused by or resulting from any operations of Lessee: 12. Notwithstanding any. provision of this lease to the contrary, no operations shall he conduct'd on the above described land without the written consent of lessor. 13. 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 Countes or boards ofuCounty Commissioners and provision herein in conflict therewith shall •be inoperative. and void. 9. The rights of either party hereunder may be assigned, in whole or in part, and the provisions hereof shall extend to the heirs, successors and assigns of the parties hereto, but no change or division in ownership of the land, rentals, or royalties, however accomplished, shall operate to enlarge the obligations or diminish the rights of Lessee. No change in the ownership of the land. or any interest therein, shall be binding on Lessee until Lessee shall be 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 obligations with respect to the assigned por- tion or portions arising subsequent to the date of assignment. i 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 or other mineral is discovered upon the leased premises, but Lessee is prevented front 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 produce the oil, gas, other hydrocarbons, or other mineral and as long thereafter as such production continues in paying quantities or drilling or reworking operations are continued as elsewhere herein provided. 11. Lasso agrees that Lessee at its option may discharge any tax, mortgage or other lien upon sa , it shall be subrogated to such lien with the right to enforce same and apply rentals and royalties accruing hereunder toward satisfying same. Without impairment of Lessee's rights under the warranty in event of failure of title, it is agreed that if Lessor owns an interest in said land less than the entire fee simple estate, then the royalties and rentals to be paid Lessor shall be reduced proportionately. 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. This agreement shall be binding on each of the above named parties who sign the same. regardless of whether it is signed by any of the other parties. IN WITNESS WHEREOF, this instrument is executed on the date first above written. Wear �Q� W D COMM. CQLQTt\it.,_r POLITICAL SUBJIYISICN • Ara?? a 'B"sn•tiZ'� C�° STATE CF COLORADO, BY_THE toJum of CCU C BY. BY M l( i/tn2 ('//4,rb2- u. ti., r P r -� BYt *JCL( l � � (-1 a� \1. STATE OF COLORADO, �J u } SS. Colorado Acknowledgment County of Ca1 The foregoing instrument was acknowledged before me this 15th day of December A.D., 19 71 by Marshall H. Anderson, Glenn K, Billings, Harry S. Ashley, The Board of Comnty Commissioners Weld_Count.y., Colorado • Witness my hand and off ial seal: • // -044-,-",/4 923 2 i ��My commission expires / f Notary Public. STATE OF COLORADO, 1 SS. Colorado Acknowledgment County of The foregoing instrument was acknowledged before me this day of A.D., 19 by Witness my hand and official seal: My commission expires Notary Public. 'a a -c A v W 2. o c rE 4 w T a a 0 C n __w_ w 4Y` V O c q o a d W it I"-- O CZ_C ` a • V CO G O 0 a V -0 c— QH a " n e 4:Z c GZ a c3 �� O 4 H LP v g c•., `d W �l�1 Z N Oho v C) UJi`o A O y Ou mj �Y\� i o a < 0 `o S 61,in 2 O -o o c o c "S55 m c , Z c V n a o . .. rA n That portirn of the Town of Ft Lupton, Colorado situated in NW/4 Section 5 and LT/4 Section 6, Township 1 North, Rang, 66 Vest and SE/4 Section 31, Tovnship 2 North, Range 66 West of the 6th P!i described as follower Stock 6: Lot 1 Block 15: Lot 11; North 22.77' Lot 12 Block 24: Lots 11 and 12 Block 'Di Lots 1 thru 4; 15, 1, t Sloexk 511 Lots 27 and 28 Phil tt 1 s Subdivision : lots 16 titre* 141,16 Block 2: Lots 4 thrl 14; 14 thtu 26 Block s Lots 7 and 11 Mock s Lots 9 thru 12 Riverview Addition B1occ Al Lot ]j 25 thru 28 moek Ili Lot 18 • ,• Addition Block s Lots 12 thru 114 B].00k 2t Lots 10 and 27 ( Twoolay 2nd Addition Moak : tots 1 thru ID; 15 thru 23 Webers Addition took Is Lots ",il and 15 W3.nbourns 2nd Addition Nock 5* Lo a '3 thru 10 W i.tekuhle is Addition Moak 2e Lots 1) and Ili Block !t: 15, 11}, 17 and 18 Block 51 Lots 5 thru 10; 26 thru 28 Book 6: Lots 17 thru 22 Block 7: Lots 7 thru ID Block 8: Lots 23 and 24 Wolf skuh1er t sRsp lat Mock As tots 22 hrn 26 Block B: Lots 10 and 27 Block C: Lots 1 thru 6; 11 thru 20 Block D: Lots 11 thru 23 1. t I ' csr' c_0'I ciUr i C01 .a- (od 4 ^I 6 (NI a cO COI °'! 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