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HomeMy WebLinkAbout750010.tiff RESOLUTION WHEREAS , at a regularly held meeting of the Board of County Commissioners, Weld County, Colorado, on October 1, 1975, Amoco Production Company of Denver, Colorado, submitted to the Board an oil and gas lease covering 7 . 82 net acres of county owned mineral lands situate in the County of Weld and State of Colorado, and more particularly described as shown on check num- ber 84773 dated September 30, 1975, and in accordance with letter of September 29, 1975, marked Exhibits "A" and "B" respectively, and which are incorporated herein for ready reference and WHEREAS, Amoco Production Company has offered to purchase the hereinabove described lease for the sum of $200 . 00 and the Board deems it to be in the best in- terest of the County that said lease be executed in ac- cordance with the terms therein. NOW, THEREFORE, BE IT RESOLVED, that the Board execute the hereinabove mentioned oil and gas lease in the form attached hereto, marked Exhibit "C" , covering all the interest which the County has in the above-de- scribed lands. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of October, 1975. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO/27/d -tu.t yet /r-.S. .i .�r�-k *mac -r—.. ATTEST: ,a,57/Z COUNTY CLERK AND RECORDER D CLERK TO THE BOARD BY il7,x \ll CA.; Ct,c.J Deputy County Clerk I /6OO 6-% 1-6 v0M -. `— c /Gib % ' arm 557-2-rs DENVER, COLORAL SEPTEN. 30 84773 Lo<ai'on 19 75 NO. No Protest At Sight v1 Pay Orderof he WELD COUNTY s 200.00 Two Hundred and no/100 Dollars Payment Of EA-45848 ( - 01) - Bon considers 'o for a e covering 7.82 acres out of SE/4 Sec. 19-1N-66W, We County, Coloralo. 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'yyF M Y �i ,y �r�-•, x 'k:,r we i f �", 4 �TR' e."6,4eaM, ..t +✓- Y .A ,,-Nit.d-. •r. i4�'(,: ! N. py, a. a a'•{, a v x 1 �` �„ `"'M m e o (A"Wr '<'M" 7p;'�`:4W, .e.V.., (4erieK.ry � 'k -. trit, •Lfi n 5w'Ya,+'lc,+.',�` '"', , 7 4, y- ti, 1 "„ w •pb 1 k�^ ,✓..$"aq14rieP ' a x 'AZYC'a ` mr.:'r� .Felice" ; M ,'�.'�'vi.�atn ��,�'CP ✓� 4 ,f{ Its.?^p`lie fYY}L ,L . _ Cam- XfLl b / / /;,:j T AMOCO Amoco Production Company T.S.Yancey 1 Division Landman Security Life Building Claud Neely Denver, Colorado 80202 L. M. Brady September 29 , 1975 Exploration Department P. B.Abbey District Landman SF/ \ 'C \� kA Re: EA 45,848 3;'' t' ty Section 19-1N-66W 1l Weld County COLORADO Mr. Samuel Telep Weld County Attorney First National Bank Building Greeley, CO 80631 Dear Mr. Telep: Enclosed is the Oil and Gas Lease we discussed and our draft for $200 .00. The lease provides for a primary term of one year and the usual 1/8 royalty on production. We have omitted the title warranty section from the lease form and have added -a provision. If the terms are acceptable, please execute and return the original copy of the lease or return the draft. Should you have any additional questions, please let me know. Very truly yours, AMOCO PRODUCTION COMPANY P. B. Abbey District Landman BY i���-- i� t C--- � Richard N. Dodge 77: c RND:wpcm Enclosures 50 Recorded of .,! ..._.._... o'clock M 0 C T 4 1975 hhy-4� Rec. N.. 16721 A.,. S. Lee Shehee, Jr., Recorder Producers 88 Rev. 1 Year Lease) (One YEAR PAID UP LEASE) With 640 Acres Pooling Provision OIL AND GAS LEASE (Non-Development) THIS AGREEMENT made this 30th.. .. day of September .-__ _.___ -__.___.-, 19 75.-, between weld_County,_a_politirsl subdivision of ihe_-S.tate....of_.Colorado,-by. the._Board...nf_County Commissioners_for_.ita..reapective_intereata --- Lessor (whether one or more), whose address is:_Meld.._County-_Gourthouse,_Greeley,__Colorado...$(1611_....._._._...._...._....._.__..__..... and .Amoco Production Company. SPrurity Life Bldg Denver Colorado_80202_____ Lessee, WITNESsETx: 1. Lessor in consideration of Ten--and n0_1102 _ Dollars 10.00 ($ ) in hand paid, of the royalties herein provided and of the agreements of Lessee herein contained, hereby grants, leases and lets ex- clusively unto Lessee far the purpose of investigating, exploring, prospecting', drilling and mining for and producing oil and gas, laying pipe lines, building roads, tanks, power stations, telephone lines and other structures thereon and on, over and across lands owned or claimed by Lessor adjacent and contiguous thereto, to produce, save, take care of, treat, transport, and own said products, and housing its employees, the following described land in-______-....__.__.__ Weld County, Colorado_ -------_ -' '-'"'---__....---------""-----_------- - _ to-wit: See attached rider 167210S Fs 8"VK 75 0 5U 21 -D2- Notwithstanding any provision of this lease to the contrary, no operations shall he conducted on the above described land without the written consent of lessor. 2. Without reference to the commencement, prosecution or cessation at any time of drilling or other development operations, and/or to the discovery, de- velopment or cessation at any time of production of oil or gas and without Nether payments than the royalties herein provided, and notwithstanding any- thing else herein contained to the contrary, this lease shall be for a term of j year from this date (called "primary term") and as long thereafter as oil or gas is produced from said land or land with which said land is pooled hereunder. 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 casinghead gas or other gaseous substance, pro- duced from said land, and sold or used off the premises or for the extraction of gasoline or other product 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 shell be one-eighth of the amount realized from such sale; while there is a gas well on this lease or on acreage pooled therewith but gas is not being sold or used. Lessee may pay as royalty, on or before ninety (90) days after the date on which said well is shut in and thereafter at annual intervals the sum of $1.00 per acre. and if such payment is made or tendered, this lease shall not terminate and it will be considered that gas is being produced from this lease in paying quantities. Lessee shell have free use of oil, gas, coal and water from said land, except water from Lessor's wells, for all operations hereunder, and the royalty on oil and gas shall be computed after deducting any so used. 4. Lessee, at its option, is hereby given the right end power to pool or combine the acreage covered by this lease, or any portion thereof as to oil end gas, or either of them, with other land. lease or leases in the immediate vicinity thereof to the extent, hereinafter stipulated, when in Lessee's judgment it is necessary or advisable to do so in order properly to explore, or to develop and operate said leased premises in compliance with the spacing rules of the appropriate local governmental authority. or other lawful authority, or when to do so would, in the judgment of Lessee, promote the conservation of oil and gas in and under and that may be produced from said premises. Units pooled for oil hereunder shall not substantially exceed 40 acres each in area, and units pooled for gas hereunder shall not substantially exceed in area 640 acres each plus a tolerance of 10% thereof, provided that should government- al authority having jurisdiction prescribe or permit the creation of units larger than those specified, units thereafter created may conform substantially in size with those prescribed by governmental regulations. Lessee under the provisions hereof may pool or combine acreage' covered by this lease, or any portion thereof as above provided as to oil in any one or more strata and as to gas in any one or more strata, The units formed by pooling as to any stratum or strata need not conform in size or area with the unit or units into which the lease is pooled or combined as to any other stratum or strata, and oil units need not conform as to area with gas units. The pooling in one or more instances shall not exhaust the rights of the Lessee hereunder to pool this lease or portions thereof into other tint,. Lessee shall file for record in the appropriate records of the county in which the leaned premises are situated an instrument describing and designating the pooled acreage as a pooled unit. Lessee may at its election exercise its pooling option after commencing operations for or completing an oil vas well on the leased premises, and the pooled unit may include, but it is not required to include, land or leases upon which a well capable of prtxlucinr oil or gas in paying quantities has theretofore been completed or upon which operations for the drilling of a well for oil or gas have theretofore been commenced. Operations for drilling on or production of oil or gas from any part of the pooled unit which includes all or a portion of the land covered by this lease regardless of whether such operations for drilling were commenced or such production was secured before or after the execution of this instrument or the instrument designating the pooled unit,shall be considered as operations for drilling on or production of oil or gas from land covered by this lease whether or not the well or wells be located on the premises covered by this lease, and the entire acreage constituting such unit or units,as to oil and gas, or either of them, as herein provided, shall be treated for all purposes, except the payment of royalties on production from the pooled unit, as if the same were included in this lease. For the purpose of computing the royalties to which owners of royalties and payments out of production and each of them, shall be entitled on production of oil and gas, or either of them, from the pooled unit, there shall be allocated to the land covered by this lease and included in said unit n pro rata portion of the oil and gas, or either of them, produced from the pooled unit after deducting that used for operations on the pooled units. Such allocation shall he on an acreage basis—that is to say. there shell be allocated to the acreage covered by this lease and included in the pooled unit that pro rata portion of the oil and gas, or either of them, produced from the pooled unit which the number of surface acres covered by this lease and included in the pooled unit hears to the total number of surface acres included in the pooled unit. Royalties hereunder shall be computed on the portion of such production, whether it be oil and gas, or either of them, so allocated to the land covered by this lease and included in the unit just as though such production were front such land. The production from an oil well will be considered production from the lease or oil pooled unit from which it is producing and not :,e production from a gas pooled unit: and production from a gas well will be considered as production from the lease or gas pooled unit from which it Ia producing and not from an oil pooled unit. 6. If at the expiration of the primary term oil or gas is not being-produced on said land, or from land pooled therewith, but Lessee is then engaged in drilling or working operations thereon, or shall have completed a dry hole thereon within 60 days prior to the end of the primary terms, the lease shall remain in force so long as operations on said well or for drilling or reworking of any additional well are prosecuted with no cessation of more than 60 con- secutive days, and if they result in the production of oil or gas so long thereafter as oil or gas is produced from said land, or from land pooled therewith. If, after the expiration of the primary term of this lease and after oil or gas is produced from said land, or from land pooled therewith, the production thereof shocld sea=e from any exuse, this lease shall not terminate if Lessee commences operations for drilling or reworking within CO days after the cessation of such production, but shall remain tn force and effect so long as such operations are prosecuted with no cessation of more than 60 consecutive days, and f they re:nit in the production of oil or gas, so long thereafter as oil or gas is produced from said land. or from land pooled therewith. Any pooled unit dsigneled by Lessee in accordance with the terms hereof, may be dissolved by Lessee by instrument filed for record in the appropriate records of the county in which the lea-rd premises are situated at any time after the completion of a dry hole or the cessation of production on said unit. In the event a well or wells produriing oil or gas in paying quantities should be brought in on adjacent land and within 660 feet of and draining the lease premises, or land pooled therewith. Lessee agree, to drill such offset well or wells as a circumstances.reasonably prudent operator would drill under the same or similar circumstances. Lessee may at any time ',amide anti 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. 6. Lessee shall brave 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 lines below ordinary plow depth. 7. The rights of either party hereunder may be assigned in whole or in part, and the provisions hereof shall extend to their heirs, successors and assigns but no shame or division in rship of the land or royalties,however accomplished, shall operate to enlarge the obligations or diminish the rights of Lessee; and no change or dix iu on in such ownership shall he binding on Lessee until thirty (30) days after Lessee shall have been furnished by registered U. S. mail at Lessee's principal nlare of business with a certified copy of recorded instrument or instruments evidencing same. In the event of assignment hereof in whole or in part liability for breach of any obligation hereunder shall rest exclusively upon the owner of this lease or of a portion thereof who commits such breach. if six or more startles become entitled to royalty hereunder, Lessee may withhold payment thereof unless and until furnished with a recordable. inrtrutnent exer ted by all such parties designating an agent to receive payment for all. 9. The breach by Lessee of any obligation arising hereunder shall not work a forfeiture or termination of this lease nor cause a termination or reversion of the estaie created hereby nor he trio Is a for slcancellation fyof e nle or in part. In the relit Lessor considers that operations are not at any timeif being ault, sshat in mpxty with this lease, Lessor c shall notify in ing of the facto relied open as constituting p a breach hereof, sd u t A erfth discolvery y tie sixty days n[ re qutantities of such notice in which e scommence the ar with the obligations imposed by virtue of this instrument. operatr After i disarrng of oil li gas in paying qa event en on said Dremio ill e shall develop l acreage retained fhereunder se a reasonably ere prudent r operable out in uicing oil 1 this obligation i shall in no l b required to drill more than one well per forty f401 acres of the area retained hereunder tain and reu capable of producing oil rn payingci quantities and one well per 640 acres plus an acreage tolerance not to exceed 10�y of 640 acres of the area retained hereunder and capable-of producing gas in paying quantities. 9. Lessor hereby x., .,rer..,.., aa,c.. o dv.,.,d .he JMr'trt—st,d lsttdslrmt agrees that Lessee at its option may discharge any tax, mortgage or other lien upon said land either in whole or in part. andevent Lessee does so it shall he subrogated to such lien with the right to enforc me and apply royalties inA}lp accruing hereunder toward satisfying s gas on,same. r under dal.nd.,,l of than t o. , . she one, then the m Leff€. agreed that if Lessor owns an lately. h the oil or gasin or undersaid land less than the entire fee simple s lease, then theroyalties i paid Lessornshall be reduced Proportionately. Should any one or more of the parties named as Lessors fail to execute this lease, it shall nevertheless be binding upon the party or parties executing the same. 10. should Lessee be prevented from complying with any express or implied covenant of this lease, from conducting drilling or reworking operations thereon or from ',reducing oil or gas therefrom by reason of scarcity of or inability to obtnin or to use equipment or material. or by operation of force covenant any Federal eorn state, l or any of o, rule o regulation orvernment co then while an prevented, lessee's b obligation de to comply ire with such lav shall heev ntede by and Lessee shall not liabl in damages for faing to comply therewith: and this lease or a be f extended while and so long as Limes is prevented by any t cause from d drilling a or reworking ani operations ncsonas or from producing oil hgas from the leased premises; and the time while Lessee is so prevented shall not be counted against Lessor, anything in this lease to the contrary notwithstanding. IN WITNESS WnEREDF this instrument �'s executed on the date first above written. ATTEST:.,Sib r� ti l�.C // WELD COUNTY, a political subdivision of COUNTY CLERK AND RECORDER the to of Colorado,,/ -, AND CLERK. -TO -T - BOARD <e &L! fz G�.Cirr ' u BOARD-- f� B epufiy County CI rk Lunar / / �� Lessor/ By By Tax Identification Number Tax Identific tion Number 9eOK. 750 1672.R08 INDIVIDUAL ACKNOWLEDGMENT 4 ..21 STATE OF COLORADO County o£ Weld } es. The foregoing instrument was acknowledged before me this 8th day of October , Glenn K. Billings, Roy Moser and Victor L. Jacobucci 19 75 by J My Commission expires- f— �.� ,3971s Note Public 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 a:4 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. w - >, d o, ., 'O M O. O . W C — m o o CPI Y b r e z p a+ t vay 0 ' 0 3 a O � � g 4 , _ f 0 .I�.�.iiff�� Syy a 0 .°. C. 1 c) 1 0 \i 6 9 - d \ Y O J fril I: I xi Co 6 ,ro ` a E q w X "h9 �' U ce m e O a .v a 0 a E.o a 0 °o sa m aM 4 \ VG 1 441 w ,c 0 \ `��1) A 2 F m 8 . .a Township 1 North, Range 66 West, 6th P.M. Section 19: 7.82 acres, more or less, described in five tracts as follows: Tract No. 1: The North 10 feet of the S/2 SE/4 Tract No. 2: The South 20 feet of the N/2 SE/4; Tract No. 3: A parcel of land in the N/2 SE/4 described as: Beginning at a point on the North line of a private right-of-way, said right-of-way being 20 feet off the South side of the N/2 SE/4, a distance of 2,054 feet West of the East line of N/2 SE/4 said Section 19; running thence West 306.4 feet; thence North 426.5 feet; thence East 306.4 feet; thence South 426.5 feet to the place of beginning, containing 3 acres, more or less. Tract No. 4: A tract in N/2 SE/4 described as: Beginning at a point on the North line of a private right-of-way said right-of-way being 20 feet off the South side of N/2 SE/4 said Section 19, a distance of 2,054 feet West of the East line of the N/2 SE/4 said Section 19; thence East 204.2 feet; thence North 426.5 feet; thence West 204.2 feet; thence South 426.5 feet to the place of beginning, containing 2 acres, more or less. Tract No. 5: A tract described as beginning at the Northeast corner of Tract No. 4 described above; Thence West 510.6 feet; Thence North 85.3 feet; Thence East 510.6 feet; Thence South 85.3 feet to the point of beginning, containing 1 acre, more or less. Hello