HomeMy WebLinkAbout929986
Producers 88
Rocky MOlHllain 1989
(Paid-Up Rev 1996)
Hanson & Strahn. Inc. (2000)
PAID-UP OIL AND GAS LEASE
000499
THIS AGREEMENT, made and entered into the lih day of April, 2007 by and between ADELLE BARRETTE, a
married woman dealing in her sole and separate property, individually and heir to the Estates of L. MORRIS SUTTON,
deceased, and DOROTHY H. SUTTON, deceased, whose address is 11371 North Leach Road, Lodi, California 95240,
hereinafter called lessor (whether one or more) and HANSON & STRAHN, INC., whose address is P. O. Box 3020,
Cheyenne, Wyoming 82003, hereinafter called lessee.
WITNESSETH:
1. That lessor, for and in consideration of --Ten-- dollars ($ *10.00* ) in hand paid, receipt of which is hereby
acknowledged, and of the agreements of lessee hereinafter set forth, hereby grants, demises, leases and lets exclusively unto
lessee the lands described below for the purpose of investigating, prospecting, exploring (by geophysical and other methods),
drilling, mining, operating for and producing oil or gas, or both (as defined below), together with the right to construct and
maintain pipelines, telephone and electric lines, tanks, ponds, roadways, plants, equipment, and structures thereon to produce,
save and take care of said oil and gas (which right shall include specifically a right-of-way and easement for ingress to and
egress from said lands by lessee, or its assignees, agents or permittees, necessary to or associated with the construction and
maintenance of such pipelines, telephone and electric lines, tanks, ponds, roadways, plants, equipment, and structures on said
lands to produce, save and take care of the oil and gas), and the exclusive right to inject air, gas, water, brine and other fluids
from any source into the subsurface strata, and any and all other rights and privileges necessary, incident to, or convenient for
the economical operation of said land, alone or conjointly with neighboring land, for the production, saving and taking care of
oil and gas and the injection of air, gas, water, brine, and other fluids into the subsurface strata, said lands being situated in
the County of Lincoln, State of Wyoming, described as follows, to-wit:
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Township 24 North, Range 118 West. 6th P. M.
Section 26: W~SEY-i, SEY-iSEY-i
In addition to the land described above, lessor hereby grants, leases and lets exclusively unto lessee, to the same extent as
if specifically described, lands which are owned or claimed by lessor by one of the following reasons: (1) all lands and rights
acquired or retained by lessor by avulsion, accretion, reliction or otherwise as the result of a change in the boundaries or
centerline of any river or stream traversing or adjoining the lands described above; (2) all riparian lands and rights which are or
may be incident, appurtenant, related or attributed to lessor in any Jake, stream or river traversing or adjoining the lands
described above by virtue of lessor's ownership of the land described above; (3) all lands included in any road, easement or
right-of-way traversing or adjoining the lands described above which are or may be incident, appurtenant, related or attributed
to lessor by virtue of lessor's ownership of the land described above; and (4) all strips or tracts of land adjacent or contiguous
to the lands described above owned or acquired by lessor through adverse possession or other similar statutes of the state in
which the lands are located.
For the purpose of calculating payments provided for herein, it shall be deemed that the lands covered by this lease
contain 120.00 acres, whether there actually be more or less.
The term oil as used in this lease shall be interpreted to include any liquid hydrocarbon substances which occur naturally
in the earth, including drip gasoline or other natural condensate recovered from gas without resort to manufacturing process.
The term gas as used in this lease shall be interpreted to include any substance, either combustible or non-combustible, which
is produced in a natural state from the earth and which maintains a gaseous or rarified state at ordinary temperature and
pressure conditions, including but not limited to helium, nitrogen, carbon dioxide, hydrogen sulfide, coal bed methane gas,
casinghead gas and sulphur.
Subject to the other provisions herein contained, this lease shall remain in force for a term of three (3) years from this
date (herein called "primary term") and as long thereafter as oil and gas, or either of them, is produced from the leased
premises or drilling operations are continuously prosecuted. For purposes of this lease, a well completed for the production of
coalbed methane gas shall be deemed to be producing gas under this lease at all times when dewatering of the coal seams from
which the coalbed methane gas will be produced is occurring. For purposes of this lease, "drilling operations" shall include
operations for the drilling of a new well and operations for the reworking, deepening or plugging back of a well or hole or other
operations conducted in an effort to establish, resume or re-establish production of oil and gas; drilling operations shall be
considered to be "continuously prosecuted" if not more than one hundred twenty (120) days shall elapse between the
completion and abandonment of one well or hole and the commencement of drilling operations on another well or hole; drilling
operations shall be deemed to be commenced for a new well at such time as lessee has begun the construction of the wellsite
location or the road which provides access to the wellsite location; and drilling operations shall be deemed to be commenced
with respect to reworking, deepening, plugging back or other operations conducted in an effort to resume or re-establish
production of oil and gas at such times as lessee has the requisite equipment for such operations at the wellsite.
Lessee has the option to extend this lease for an additional primary term of three (3) years commencing on the date that
the lease would have expired but for the extension by tendering to Lessor a prepaid payment equal to $125.00 per net mineral
acre prior to the expiration of the primary term as set forth herein. The primary term of this lease will be considered to be
continuous, commencing on the date of the lease and continuing from that date to the end of the extended primary term.
2. The lessee shall deliver to the credit of the lessor as royalty, free of cost, in the pipeline to which lessee may connect its
wells the equal one sixth (1/6) part of all oil produced and saved from the leased premises, or lessee may from time to time at
its option purchase any royalty oil in its possession, paying the market price thereof prevailing for oil of like grade and gravity
in the field where produced on the date of purchase.
RECEIVED 6/4/2007 at 3:46 PM
RECEIVING # 929986
BOOK: 660 PAGE: 499
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
I
0929986 OUU~OO
The lessee shall pay lessor, as royalty, on gas, including casinghead gas or 6ther gaseous substances, produced from the
leased premises and sold or used off the premises or used in the manufacture of g~soline or other products, the market value at
the well of one sixth (1/6) of the gas sold or used, provided that on gas sold the J10yalty shall be one sixth (1/6) of the amount
realized from such sale. The amount realized ITom the sale of gas shall be th~ price established by the gas sales contract
entered into in good faith by lessee and a gas purchaser for such term and un~er such conditions as are customary in the
industry. "Price" shall mean the net amount received by lessee after giving effect to applicable regulatory orders and after
application of any applicable price adjustments specified in such contract or regul~tory orders. In the event lessee compresses,
treats, purifies or dehydrates such gas (whether on or off the leased premises) orJransports gas off the leased premises, lessee
in computing royalty hereunder may deduct from such price a reasonable charge f~r each of such functions performed.
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3. This is a paid-up lease and all cash consideration first recited above anþ annual rentals have been paid to lessor in
advance to keep this lease in full force and effect throughout the primary term. ~n consideration of the payment of such cash
consideration and advance of annual rentals, lessor agrees that lessee shall notl be obligated, except as otherwise provided
herein, to commence or continue any operations during the primary term. Lesseel may at any time or times during or after the
UNIT/At primary term surrender this lease as to all or any portion of the land describe~ above, and as to any strata or stratum, by
¡j. d.livering to lessnr or by filing of r.cnrd a rei.",. nr rei.",..., and b. r.li.ved of all obligatinns th.reafter accruing 10 the
~,/., creage surrendered. I
" 4. Any payments required to be made to lessors pursuant to this lease, other t~an the payment of royalties, may be paid by
. lessee to the lessor or to lessor's credit in the Direct to Lessor Bank, at (or its successor or
"ISPJE successors, or any bank with which it may be merged or consolidated, or whic~ succeeds to its business assets or any part
thereof, by purchase or otherwise) which shall continue as the depository regardle~s of changes in the ownership of said land or
the oil and gas. All such payments may be made by cash, check er-àfaft,mailed dr delivered on or before the due date for that
payment. Any payments so made shall be binding on the heirs, devisee~, executors, administrators, and personal
representatives of lessor and on lessor's successors in interest or on lessor's assigns.
I
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5. If, at the expiration of the primary term of this lease, oil or gas is not bbing produced from the leased premises but
lessee is then engaged in drilling operations, this lease shall continue in force so long as drilling operations are continuously
prosecuted; and if production of oil or gas results from any such drilling operations, this lease shall continue in force so long as
oil or gas shall be produced from the leased premises. If, after the expiration of the primary term of this lease, production on
the leased premises should cease for any cause, this lease shall not terminate if lessee is then engaged in drilling operations, or
within one hundred twenty (120) days after each such cessation of production commences or resumes drilling operations, and
this lease shall remain in force so long as drilling operations are continuously prosecuted, and if production results therefrom,
then as long thereafter as oil or gas is produced from the leased premises.
6. If at any time, either before or after the expiration of the primary term of this lease, there is a well capable of
producing oil or gas on the lands covered by this lease, or on other lands with which lands covered by this lease are pooled or
unitized, but the well is shut-in, whether before or after production therefrom, and this lease is not being maintained otherwise
as provided herein, this lease shall not terminate (unless released by lessee) and it shall nevertheless be considered that oil or
gas is being produced from lands covered by this lease during all times while the well is so shut-in. Lessee shall use reasonable
diligence to market the oil or gas capable of being produced from such shut-in well, but shall be under no obligation to market
the oil or gas under terms, conditions or circumstances which, in lessee's judgment exercised in good faith, are unsatisfactory.
When the lease is continued in force in this manner, lessee shall payor tender to the lessor or lessor's successors or assigns, an
amount equal to $10.00 per year per net mineral acre covered by the lease. Such payments shall be made on or before the shut-
in royalty payment date, as defined below, next occurring after the expiration of one hundred twenty (120) days from the date
the well was shut-in, unless prior to such date oil or gas from the well is sold or used or the lease is otherwise maintained as
provided herein. In like manner, on or before each succeeding shut-in royalty payment date while such well remains shut-in,
lessee shall make payment of shut-in royalty in the same amount and manner. The term "shut-in royalty payment date" shall
mean the anniversary date of this lease. Any shut-in royalty payment may be made by cash, åfaft or check, mailed or tendered
on or before the shut-in royalty date. Lessee's failure to payor tender, or properly payor tender, any such sum shall render
lessee liable for the amount due but it shall not operate to terminate the lease. Any failure on the part of lessee to make such
payments in a timely manner shall be subject to the default provisions of Section 15 herein.
It is expressly understood and agreed that notwithstanding anything to the contrary contained herein, that after the
INITIAl. expiration of the primary term, this lease may not be maintained in force by the payment of shut-in royalty for a period in
~xcess of three (3) consecutive years for oil and five (5) consecutive years for gas. '
. \ 7. If lessor owns a lesser interest in the above described land other thaÌ1 the entire and undivided fee simple estate therein,
' then the royalties, including shut-in royalty, herein provided shall be paid to lessor only in the proportion which lessor's
HERE interest bears to the whole and undivided fee. fLR)' iRterest iR prodl:letioR from tRe lands deseribeà RereiR t8 ·....RieR the iRterest
of lessor may be subjeet shall be àesueteà from the reyalty RereiR reseryed.
8. Lessee shall have the right to use, free of cost, gas, oil and water produced on said land for its operation thereon, except
water from wells and reservoirs of lessor. Lessee shall have the right at any time to remove all machinery and fixtures placed
on said premises, including the right to draw and remove casing.
9. Lessee shall pay to lessor reasonable amounts for damages caused by its operations to growing crops on said land.
When requested by lessor, lessee shall bury its pipelines which traverse cultivated lands below plow depth. No well shall be
drilled nearer than two hundred (200) feet to a house or barn now on said premises, without written consent of lessor. Lessee
shall have the right at any time (but not the obligation), to remove all improvements, machinery, and fixtures placed or erected
by lessee on said premises, including the right to pull and remove casings.
0929986
000501.
10. Lessee is hereby given the right and power at any time and from time to time as a recurring right, either before or after
production, as to all or any part of the land described above and as to anyone or more of the formations hereunder, to pool or
unitize the leasehold estate and the mineral estate covered by this lease with other land, lease or leases in the immediate
vicinity for the production of oil and gas, or separately for the production of either, when in lessee's judgment it is necessary or
advisable to do so, and irrespective of whether authority similar to this exists with respect to such other land, lease or leases.
Likewise, units previously formed to include formations not producing oil or gas may be reformed to exclude such non-
producing formations. Thè forming or reforming of any unit shall be accomplished by lessee executing and filing of record a
declaration of such unitization or reformation, which declaration shall describe the unit. Any unit may include land upon which
a well has heretofore been completed or upon which drilling operations have been commenced. Production, drilling or
reworking operations or a well shut-in for any reason anywhere on a unit which includes all or a part of this lease shall be
treated as if it were production, drilling or reworking operations or a well shut-in under this lease. In lieu of the royalties
elsewhere herein specified, lessor shall receive on production from the unit so pooled royalties only on the portion of such
production allocated to this lease; such allocation shall be that proportion of the unit production that the total number of surface
acres covered by this lease and included in the unit bears to the total number of surface acres in such unit.
11. Lessee shall have the right to unitize, pool, or combine all or any part of the land described above as to one or more of
the formations thereunder with other lands in the same general area by entering into a cooperative or unit plan of development
or operation approved by any governmental authority and, from time to time, with like approval, to modifY, change or
terminate any such plan or agreement and, in such event, the terms, conditions, and provisions of this lease shall be deemed
modified to conform to the terms, conditions, and provisions of such approved cooperative or unit plan of development or
operation and particularly, all drilling and development 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 or agreement. In the event that the land described above 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 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.
12. If the estate of either party hereto is assigned or sublet, and the privilege of assigning or subletting in whole or in part
is expressly allowed, the express and implied covenants hereof shall extend to the sub lessees, successors and assigns of the
parties; and in the event of an assignment or subletting by lessee, lessee shall notifY lessor, in writing of all assignments or
sublettings, and lessee shall be relieved and discharged as to the leasehold rights so assigned or sublet from any liability to
lessor thereafter accruing upon any of the covenants or conditions of this lease, either express or implied. No change in
ownership of the land, royalties, or other payments, however accomplished, shall operate to enlarge the obligations or diminish
the rights of lessee or require separate measuring or installation of separate tanks by lessee. Notwithstanding any actual or
constructive knowledge of or notice to lessee, no change in ownership of said land or of the right to receive royalties or other
payments hereunder, or of any interest therein, whether by reason of death, conveyance or any other matter, shall be binding on
lessee (except at lessee's option in any particular case) until one hundred twenty (120) days after lessee has been furnished
written notice thereof, and the supporting information hereinafter referred to, by the party claiming as a result of such change
in ownership or interest. Such notice shall be supported by original and certified copies of all documents and other instruments
or proceedings necessary in lessee's opinion to establish the ownership of the claiming party.
13. In the interest of conservation, the protection of reservoir pressures and recovery of the greatest ultimate yield of oil
and/or gas, lessee shall have the right to combine the leased premises with other premises in the same general area for the
purpose of operating and maintaining repressuring and recycling facilities, and for such purpose may locate such facilities,
INITIAL including input wells, upon leased premises, and no royalties shall be payable hereunder upon any gas used for repressuring
and recycling operations benefiting the leased premises.
14. If lesser, during the ~rimary term of this lease, reeei'les a bona fide offer from a third ~art)' to 3urohase from lessor a
. .... "
HERE
sueh lease to aeeome effeetive upon eKpiration of this lease, 'Nhieh lessor is ·....iIling to aeeept from the off-ering party, lessor
herea)' agrees to netifj lessee in writing of said offer immediately, ineluding in the notiee the name aFHcf address of the offeror,
the priee affered ans all other pertinent terms and 60RsitioRs of the offer. Lessee, for a period of fifteen (15) says after the
reeei 3t of the notiee, shall have the ~rior aRd pref-erred right aRd aption to p\:lrOHaSe the lease or part thereof ar iRterest tHerein
oovered ay the offer at tRe ~riee aAa on the terms ana 60nditiens s 3eeifies iA the offer. ,^.II offers made \:II" to aAS iAel\:lding tho
last say of the primary term of this lease shall ae sHbje6t to tRe terms aAs 60Rditions of this paragraph 14. 8Rould lessee elect to
p\:lrehase the lease p\:lrs1:lant to the terms hareof, it shall so notify lessor in writing by mail, talefæ[, or telegram '!rior to
eJ[piration af sais fifteen (15) say paries. Lessee shall promptly thereafter f\:lrAish to lessor the new lease for e)(Ø6\:1tion by
lessor along with lessee's sight draft payable to lessor in payment ef the speeifiea amomlt as oonsideration f-ør the new lease,
s\:leh sraft aeiHg s\:lbjeet to approval of title aeeording to the terms thereof. Upon reeeipt tRereof, lessor shall promptly exeeute
sais lease aRa return same along with the srafl: thre\:lgh lesser's aank ofreeora fer payment.
15. In the event lessor considers that lessee has not complied with all its obligations hereunder, either express or implied,
lessor shall notifY lessee in writing, setting out specifically in what respects lessee has breached this lease. Lessee shall then
have sixty (60) days after receipt of said notice within which to meet or commence to meet all or any part of the breaches
alleged by lessor. The service of said notice shall be precedent to the bringing of any action by lessor on said lease for any
cause, and no such action shall be brought until the lapse of sixty (60) days after service of such notice on lessee. Neither the
service of said notice nor the doing of any acts by lessee aimed to meet all or any of the alleged breaches shall be deemed an
admission or presumption that lessee has failed to perform all its obligations hereunder. This lease shall never be forfeited or
cancelled for failure to perform in whole or in part any of its implied covenants, conditions, or stipulations until a judicial
determination is made that such failure exists and lessee fails within a reasonable time to satisfY any such covenants,
conditions, or stipulations.
O~Z'9986,
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16. All express and implied covenants of this lease shall be subject to all federal and state, county or municipal laws,
executive orders, rules and regulations, and lessee's obligations and covenants hereunder, whether express or implied, shall be
suspended at the time or from time to time as compliance with such obligations and covenants is prevented or hindered by or is
in conflict with federal, state, county, or municipal laws, rules, regulations or executive orders asserted as official by or under
public authority claiming jurisdiction, or Act of God, adverse field, weather, or market conditions, inability to obtain materials
in the open market or transportation thereof, wars, strikes, lockouts, riots, or other conditions or circumstances not wholly
controlled by lessee, and this lease shall not be terminated in whole or in part, nor lessee held liable in damages for failure to
comply with any such obligations or covenants if compliance therewith is prevented or hindered by or is in conflict with any of
INITIAl. the foregoing eventualities. The time during which lessee shall be prevented from conducting drilling or reworking operations
~. during the primary term of this lease, under the contingencies above stated, shall be added to the primary term of this lease.
, 17. Lessor hereby WRmmt~ 8ftà agrees to àefeRà the title t8 the tRActs àeseribeà Rbeye, RRd agrees that lessee, at its option,
" shall have t~e right at a~y time to pay for lessor, any mortgage, taxes or other liens existing, levied or assessed on or against the
HERE above descrIbed lands In the event of default of payment by lessor and be subrogated to the rights of the holder thereof, and
lessor hereby agrees that any such payments made by lessee for the lessor may be deducted from any amounts of money which
may become due the lessor under the terms of this lease.
18. This lease and all its terms, conditions, and stipulations shall extend to and be binding on all successors in interest, in
whole or in part, of said lessor or lessee.
19. With respect to and for the purpose of this lease, lessor, and each of them if there be more than one, hereby releale and
waive the right of homestead.
20. If requested by Lessee or Lessor, the parties hereto shall execute a memorandum or short recording counterpart of this
Agreement, which counterpart shall be in a form sufficient to constitute notice of this Agreement to third parties under the laws
of Wyoming, but which counterpart shall not contain the amounts or rates of payment hereunder, or other terms of this
Agreement which Lessee or Lessor may elect not to disclose of record. The execution and recording of the above recording
counterpart shall not limit, decrease or increase, or in any manner affect, any of the terms of this Agreement, or any rights,
interests or obligations of the parties hereto.
WHEREOF witness our hands as of the day and year first above written.
u-~ 4~
ADELLE BARRETTE, individually and heir to the Estates of
L. MORRIS SUTTON, deceased, and DOROTHY H. SUTTON, deceased
STATE OF CALIFORNIA }
COUNTY OF ~ y~SS'
INDIVIDUAL
BEFORE ME, the undersigned authority, on this day personally appeared, ADELLE BARRETTE, to me known to be the
person described in, and who executed the foregoing instrument, and who acknowledged to me that she executed the same as
her free act and deed, including the release and waiver of the right of homestead.
d ~
c2 '7 day of ,
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS
,2007.
~dn./M/JJ ~
O_/{) _/() Notary Public for the State of {'i~~
My Commission Expires: ð _