HomeMy WebLinkAbout750004.tiff RESOLUTION
WHEREAS , at a regularly held meeting of the Board
of County Commissioners, Weld County, Colorado, on
1975, Charter Exploration and Production Company of Denver,
Colorado, submitted to the Board an oil and gas lease covering
3 , 774. 21 acres of county owned mineral lands situate in the
County of Weld and State of Colorado, and more particularly
described as shown in letter of August 25 , 1975, marked as
Exhibit "A" and incorporated herein for ready reference, and
WHEREAS, Charter Exploration and Production Company
has offered to purchase the hereinabove described lease for
the sum of $11 , 322 . 63 , and the Board deems it to be in the
best interest of the County of Weld that said lease be exe-
cuted in accordance with the terms therein.
NOW, THEREFORE, BE IT RESOLVED, that the Board
execute the hereinabove mentioned oil and gas lease in the
form attached hereto, marked Exhibit "B" , covering all the
interest which the County has in the above-described lands.
The above and foregoing Resolution was , on motion
duly made and seconded, adopted by the following vote on the
22nd day of October 1975.
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
,
ATTEST : � � /�
COUNTY CLERK AND RECORDER
AN-Q CLERK TO THE BOARD
BY: ‘ . kt 4—t1:1:7441, 71,/c , t ,
Deputy County erk
r` Jam/
� 6 Gc.?o1
)("- 751
rod T r, �l-I
Form 88—(Producers) C Rev 1 i OIL AND GAS LEASE TATLCCK'S
Fan.,Okla.& Colo. _1957 °'
PHONE
_— Sala___-. 13031166.1691
THIS AGREEMENT, Entered into this hl_ 25' day of. , 19Z5_
het x'mm Weld ('tom. /'tom
old Casty, Colorado
Production �/�.�/p.����y hereinafter called lessor,
and Charter Exploration end sitJd ct.ton 'Z�C._-- - hereinafter called lessee, does witness:
1. That lessor, for and in consideration of the sum of ten and Innllars in hand paid and of the covenants and agreements hereinafter contained
to he performed by the lessee, has this day granted, leased, and let and by these presents does hereby grant, lease, and let exclusively unto the lessee the
hereinafter dezcribed land, and with the right to unitize this lease or any part thereof with other oil and gas leases as to all or any part of the lands c red
thereby as hereinafter provided. for the purpose of carrying on geological, geophysical and other exploratory work. including core drilling, and the drilling, mining,
and operating for. producing, and saving all of the oil, gas, casinghead gas, casinghead gasoline and all other gases arid their respective constituent vapors,
and for constructing roads, laying pipe lines, building tanks. storing oil, building power stations, telephone lines and other structures thereon necessary or
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 employtles, said tract of land with any reversionary rights therein being situated in the County of
Weld State of- 0plalin_
— - - -- -- ----- — and described as follows:
saoK75l 16"73042
Sea attached addend= '�
Recorded at , ,, ) o'clock ....1�/' ti+l 1975
Rec. No. .1.6.7304,2. S. Lee Shehee, Jr., Recorder
�+,x and containing3r a 4 2j1 acres, more or less.
F R. It is agreed that this lease shall remain In full force for a term of Five (5) t years from this one, and as long thereafter as oil
or gas, or either of them. Is produced from said land for 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 141 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 Ii,) of the proceeds if sold at the
well, or if marketed by lessee off the leased premises,then one-eighth (Ye I of its market value at the well. The lessee shall pay the lessor: cal one-eighth ,XL
of the proceeds received by the lessee from the sale of casinghead gas. produced from any oil well: lb; one-eighth its) of the value. at the mouth of the well.
computed at the prevailing market price, of 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 therof. 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 on the leased premises by making his own
connections thereto.
Where gas from a well or wells, capable of producing gas only. is not sold or used for a period of one year. lessee shall pay or tender as royalty,an
amount equal to the delay rental as provided in paragraph 151 hereof payable annually on the anniversary date of 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. If operations for the drilling of a well for oil or gas arc not commenced on .said land on or before the rgaa_ 25th day of_ Ai9m]at , 19 7�'r
s le shall erminate as to both parties, unless the lessee shell cn or before 03.10n _
or said date pay or tender to the lessor or for the l sor's credit in b e
Bank at s_03.10 .gt rte_—.__--_. or its successors, which Bank and its suc-
cessors are the lessor's agent and shall continue as the depository of any andd all
sums
Thousand
tpayable
�under this
lease regardless ofc�!lagge.n tj8 rid )1�y
land or in the oil and gas or in the rentals to accrue hereunder, the sum of a+ree IEUSW Seven Hundred Dollars, whhichh{sshall oopp--i Ll/iN
erate as a rental and cover the privilege of deferring the commencement of operations for drilling for a period of one year. In like manner 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
check or draft of lessee or any assignee thereof, mailed or delivered on or before the rental paying date, either direct 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 may
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.
6. Should the first well drilled on the above described land be a dry hole, then, and in that event, if a second 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 as hereinbefore
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.
S. 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 and undivided fee. However. such rental shall be In-
creased at the next succeeding rental anniversary after any reversion occurs to cover the interest so acquired.
a. The lessee shall have the right to use, free of cost. gas, oil and water found on said mud 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 we!l shall be drilled nearer than 200 feet to the house or barn now on said premises without written consent of the lessor. Lessee shall 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. ns Lessee agrees. upon the completion of any test a 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.
9. If the estate of either party hereto is assigned,and the privilege of a-signing in whole or in part is expressly allowed 1,the covenants nereof shall extend
to the heirs, devisees, executors, administrators, successors, and assigns, but no change of ownership in the land or in the rentals or royalties or any slim
due under this lease shall be binding on the lessee until it has been furnished with either the original recorded Instrument of conveyance or a duly certified
copy thereof or a certified copy of the will of any deceased owner and of the probate thereof, of certified copy of the proceedings showing appointment .of
an administrator for the estate of any deceased owner, whichever is appropriate, together with all original recorded instruments of conveyance or duly certi-
fied copies thereof necessary in showing a complete chain of title back to lessor to the full interest claimed. and all advance payments of rentals made here-
under before receipt of said documents 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 of 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 paym^.nt of said rentals,
11. Lessor hereby agrees that the lessee, at Its option. may pay and discharge in
whole or-in part any to the above described lands and, in event it exercises such option.
it shall be 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 hereunder. -.
IS. Notwithstanding anything in this lease contained to the contrary. it is expressly agreed that if lessee shall commence operations for drilling at any
jtr time while this lease is n force, this lease shall remain in force and its terms shall continue so long as such operations are 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 shah be commenced before or on the next ensuing rental paying date: or, provided lessee begins or resumes the payment of
rentals in the manner and amount hereinbefore provided. If, after the expiration of the primary term of this 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 ,BOI 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.
it Lessee is hereby given the right at its option, at any time and from time to time, to pool or unitize all or any part or parts of the above de-
scribed land with other land, lease, or leases in the immediate vicinity thereof, such pooling to be Into units not exceeding the minimum size tract on which
a well may be drilled under laws, rules, or regulations in force at the time of such pooling or unitization: provided, however, that such units may exceed
such minimum by not more than ten acres if such excess is necessary in order to conform to ownership subdivisions or lease lines. Lessee shall exercise
said option, as to each desired unit, by executing and recording an instrument identifying the unitized area. Any well drilled or operations conducted on
any part of each such unit shall be considered a well drilled or operations conducted under this lease, and there shall be allocated to the portion of the
above described land included in any such unit such proportion of the actual production from all wells on such unit as lessor's interest, U any. in such
portion, computed on an acreage basis, bears to the entire acreage of such unit. And it is understood and agreed that the production so allocated shall
be considered for all purposes, Including the payment or delivery of royalty, to be the entire production from the portion of the above described land In-
cluded in such unit in the same manner as though produced from the above described land under the terms of this lease.
14. This lease and all its terms, conditions and stipulations shall extend to, and be binding on each 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. _
Upon the termination of this lease in whole or in part by election or by failurefo 'w`
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 a:t3 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 Counties
or Boards of County Commissioners and provision herein in conflict therewith shall
be inoperative and void.
800K 1673042
751 4-Sq
PRINTED BY.WILKINS PRINTING.INC..1626 GLENARM PLACE.DENVER,COLORADO 802021303)893-1681
STATE OF COLORADO 1 Oklahoma, Kansas, New Mexico, R'yomin , Montana, Colorado, Utah,
• WELD as. Nebraska, North Dakota, South Dakota
COUNTY OF ACKNOWLEDGMENT—INDIVIDUAL
BEFORE ME, the undersigned, a Notary Public, in and for said County and State, on this 2.2.na
day of October , 19.2.5 personally appeared
Glenn K. Billings and Roy Mnaar
Jeannette Ordway
and
, to me known to be the identical person S described in and who executed
the within and foregoing instrument of writing and acknowledged to me that they duly executed the same as the1r free
and voluntary act and deed for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed y otarial seal t e day an -yep(lad abov nitten.
My Commission expires Dec. 5, 19nC-,./ � C. /
My Commission Expires.
Notary Public.
STATE OF 1 Oklahoma, Katws, New Mexico W omin Monana Colorado, Utah,
as. Nebraska. North Dakota, Dakota
COUNTY OP ACKNOWLEDGMENT—INDIVIDUAL
BEFORE ME, the undersigned, a Notary Public, in and for said County and State, on this
day of 19 personally appeared
and
_ , to me known to be the identical person. , described in and who executed
the within and foregoing instrument of writing and acknowledged to me that duly 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 affixed my notarial seal the day and year last above written.
My Commission Expires
Notary Public.
State of ACKNOWLEDGMENT (For use by Corporation)
l}sa.
County of JJJ
On this day of A. D. 19 before me personally
appeared to me personally known, who, being by
me duly sworn, did say that he is the of
and that the seal affixed to said instrument is the corporate seal of said corpora-
tion and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said
acknowledged said instrument to be the free act and deed of said corporation.
Witness my hand and seal this day of A. D. 19
(SEAL) Notary Public.
My Commission expires
n 8
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Section 4: Lot 4, SW1/2NW1/4
Section 5: Lot 1, SE%,NEi, S1/2-S1/211W3/4
Section 8: Sz
Township 8 North, Range 60 West, 6th P.M.
Section 8: NE%, F1NR
Section 17: NE%
Township 5 North, Range 61 West, 6th P.M.
VSection 4: Lot 3, SE%,N�,J4, EiSW4
`,--Section 9: NW4
Section 15: NW 1/4, SE%
Section 21: NE4 .
Section 22: SE%
Section 28: Ez •
Section 34: Sz
Township 7 North, Range 61 West, 6th P.M.
Section 10: Nz
Section 20: SW%
Township 9 North, Range 61 West, 6th P.M.
Section 6: Lot 7, EiSW4
Township 8 North, Range 62 West, 6th P.M.
Section 19: SE%
Township 5 North, Range 62 West, 6th P.M.
Section 14: SW%
Township 11 North, Range 61 West, 6th P.M.
Section 28: N SWl4, 5ZN%, [aNE%, NE1/2NWl4, NW4SE%
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