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HomeMy WebLinkAbout931515 OIL AND GAS LEASE 000559 This Oil and Gas Lease ("Lease") is made effective the ~ day of ~ 2007, by and between Dou!!:las Lvnn McKinnon. whose address is POBox 139. Willard. Utab 84340 ("Lessor", whether one or more) and Fitzsimmons, LLC. whose address is 2201 Cabin Court Gillette. WY 82718 ("Lessee"). WTINESSETH, For and in consideration ofTEN DOLLARS, the covenants and agreements contained herein, and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, Lessor does hereby grant, demise, lease and let exclusively unto said Lessee, with the exclusive rights for the purposes of mining, exploring by geophysical and other methods and operating for and producing thereftom oil and all gas of whatsoever nature or kind, and laying pipelines, telephone and telegraph lines, building tanks, plants, power stations, roadways and structures thereon to produce, save and take care of said products and the exclusive surface and subsurface rights and privileges related in any manner to any and all such operations, and any and all other rights and privileges necessary, incident to, or convenient for the operation alone or conjointly with neighboring land for such purposes, all that certain tract or tracts ofIand situated in LINCOLN. Wyoming, described as follows, to-wit: SEE EXlßBIT "A" ATTACHED TO AND MADE A PART HEREOF FOR DESCRIPTIVE PURPOSES. and containing 449.55 acres, more or less, (the "Premises"), L It is agreed that this Lease shall remain in force for a term offive (5) years from this date ("Primary Term") and as long thereafter as oil or gas of whatsoever nature or kind is produced from the Premises or on acreage pooled or unitized therewith, or operations are continued as hereinafter provided, If, at the expiration of the Primary Term, oil or gas is not being produced from the Premises or on acreage pooled or unitized therewith but Lessee is then engaged in drilling, reworking or other operations calculated to obtain or restore production ftom the leased premises thereon, then this Lease shall continue in force so long as such operations are being continuously prosecuted. Operations shall be considered to be continuously prosecuted if not more than one hundred eighty (180) days shall elapse between the completion or abandonment of one well and the beginning of operations for the driIling of a subsequent well. If after discovery of oil or gas on the Premises or on acreage pooled or unitized therewith, the production thereof should cease from any cause after the primary term, this Lease shall not terminate if Lessee commences additional drilling, reworking operations within one hundred eighty (180) days from date of cessation of production or from date of completion of dIy hole. completion or workover operation. If oil or gas shall be discovered and produced as a result of such operations at or after the expiration of the Primary Term, this Lease shall continue in force so long as oil or gas is produced from the Premises or on acreage pooled or unitized therewith, 2, This is a PAID-UP LEASE. In consideration of the payment made herewith, Lessor agrees that Lessee shall not be obligated, except as otherwise provided herein, to commence or continue any operations during the primary term, Lessee may at any time or times during or after the Primary Term surrender this Lease as to all or any portion of the Premises and as to any strata or sttatum, by delivering to Lessor or by filing for record a release or releases, and be relieved of all obligations thereafter accruing as to the acreage surrendered, 3. The royalties to be paid by Lessee are: (a) On oil and other liquid hydrocarbons, ONE-SIXTH (1/6") of that produced and saved from said land, the same to be delivered at the wells, or to the credit of Lessor into the pipeline to which the wells may be connected; Lessee may from time to time purchase any royalty oil in its possession, paying the market price therefore prevailing for the field where produced on the date of purchase; (b) on gas and the constituents thereof produced from said land and sold or used off the premises or in the manufàcture of products therefrom, the market value at the well of ONE -SIXTH (1/6") of the product sold or used, On product sold at the weIl, the royalty shall be ONE-SIXTH (1/6~ of the net proceeds realized from such sale, AIl royalties paid on gas sold or used off the premises or in the manufacture of products therefrom will be paid after deducting from such royalty Lessors proportionate amount of all post-production costs, including but not limited to gross production and severance taxes, gathering and transportation costs from the wellhead to the point of sale, treating, compression, and processing, On product sold at the well, the royalty shall be ONE-SIXTH (1/6") of the net proceeds realized from such sale, after deducting from such royalty Lessor's proportionate amount of all of the above post-production costs and expenses, if any. 4. Where gas from a well capable of producing gas is not sold or used after the expiration of the Primary Term, Lessee shall payor tender as royalty to Lessor at the address set forth above One Dollar per year per net mineral acre, such payment or tender to be made on or before the anniversary date of this Lease next ensuing after the expiration of ninety (90) days from the date such well is shut in and thereafter on or before the anniversmy date of this Lease during the period such well is shut in, 5, If Lessor owns a lesser interest in the Premises than the entire and undivided fee simple estate therein, then the royalties (including any shut-in gas royalty) herein provided for shall be paid Lessor only in the proportion which Lessor's interest bears to the whole and undivided fee. 6, Lessee shall have the right to use, free of cost, gas, oil and water produced on the Premises for Lessee's operations thereon, except water from the wells of Lessor. 7, When requested by Lessor. Lessee shall bury Lessee's pipeline below plow depth, 8, No well shall be drilled nearer than 200 feet to the house or barn now on the Premises without written consent of Lessor. 9. Lessee shall have the right at any time to remove all machinery and fixtures (including casing) Lessee has placed on the Premises, 10, The rights of the Lessor and Lessee hereunder may be assigned in whole or part No change in ownership of Lessor's interest (by assignment or otherwise) shall be binding on Lessee until Lessee has been furnished with notice, consisting of certified copies of all recorded instruments or documents and other information necessary to establish a complete chain of record title from Lessor, and then only with respect to payments thereafter made, No other kind of notice, whether actual or constructive, shall be binding on Lessee, No present or future division of Lessor's ownership as to different portions or parcels of the Premises shall operate to enlarge the obligations or diminish the rights of Lessee, and all Lessee's operations may be conducted without regard to any such division. Ifall or any part of this Lease is assigned, no leasehold owner shall be liable for any act or omission ofany other leasehold owner. II. Lessee, at its option, is hereby given the right and power at any time and ftom time to time as a recurring right, either before or after production, as to all or any part of the Premises and as to anyone or more of the formations thereunder, 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. The 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 theretofore been completed or upon which operations for drilling have theretofore been commenced, Production, drilling, reworking or dewatering operations or a well shut in for want of a market anywhere on a unit which includes all or a part of this Lease shall be treated as jf it were production, drilling, reworking or dewatering operations or a well shut in for want of a market under this Lease. In lieu of the royalties elsewhere herein specified, including shut-in gas royalties, Lessor shall receive royalties on production from such unit only on the portion of such production allocated to this Lease. In addition to the foregoing, Lessee shall have the right to unitize, pool, or combine all or any part of the Premises 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, ftom 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 ofsuch approved cooperative or unit plan of development or operation and, particularly, all drìlling 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 Premises 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 ttact of land to which it is allocated and not to any other tract of land; and 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 md approved by any governmental agency by executing the same upon request of Lessee. 12. 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. Any delay or intelTUption caused by storm, flood, acts of terrorism, act of God or other event of force majeure shall not be counted against Lessee. If, due to the above causes or any cause whatsoever beyond the control of Lessee, Lessee is prevented from conducting operations hereunder, such time shall not be counted against Lessee, and this Lease shall be extended for a period of time equal to the time Lessee was so prevented, anything in this Lease to the contrary notwithstanding, 13. Lessor hereby warrants and agrees to defend the title to the Premises and agrees that Lessee shall have the right at any time to redeem for Lessor, by payment, any mortgages, taxes or other liens on the Premises, in the event of default of payment by Lessor, and be subrogated to the rights of the holder thereof, and the undersigned Lessors, for themselves and their heirs, successors and assigns, hereby surrender and release all right of dower and homestead in the Premises, insofar as said right of dower and homestead may in any way affect the purposes for which this Lease is made, as recited herein, 14, Should anyone or more of the parties named as Lessor herein fàil to execute this Lease, it shall nevertheless be binding upon all such parties who do execute it as Lessor. The word "Lessor," as used in this Lease shall mean anyone or more or all of the parties who execute this Lease as Lessor. All the provisions of this Lease shall be binding on the heirs, IUCcessors' and assigns of Lessor and Lessee. 15. If at anytime within the primary term of this lease and while the same remains in force and effect, Lessor receives any bona fide offer, acceptable to Lessor, to grant an ldditionallease covering all or part of the aforesaid lands, Lessee shall have the continuing option by meeting any such offer to acquire such lease, Any offer must be in writing, and must let forth the proposed Lessee's name, bonus consideration and royalty consideration to be paid for such lease, and include a copy of the lease form to be utilized which form should reflect 111 pertinent and relevant terms and conditions of the lease. Lessee shall have fifteen (15) days after receipt, from Lessor, of a complete copy of any such offer to advise Lessor in writing of its election to enter into an oil and gas lease with Lessor on equivalent terms and conditions. If Lessee fails to notifY Lessor within the aforesaid fifteen (15) days period of its election :0 meet any such bona fide offer, Lessor shall have the right to accept said offer, 16, Except as otherwise provided herein, at the end of the primary term of this Lease, this Lease shall tenninate and Lessee shall promptly release this Lease as to all acreage lying outside of the spacing units established by the Wyoming Oil and Gas Conservation Commission or any other governmental agency having jurisdiction for each well located on the leased premises or lands spaced therewith which is producing gas or water. 17. Lessee shall pay for all damage to roads, œnces, improvements and growing crops caused by its operations hereunder, and will fill and level any pits and mounds, remove all board roads and board road materials, level and fill all ruts, and restore the surface of the ground as near to its original condition as is reasonably practical within a reasonable period of time after cessation of operations at each well location on the leased premises. RECEIVED 7/23/2007 at 12:23 PM RECEIVING # 931515 BOOK: 666 PAGE: 559 JEANNE WAGNER LINCOLN COUNTY CLERK KFMMERER, WY IN WITNESS WHEREOF, this instrument is executed as of the date first above written. ~ f' . ~. ~ ~Øtlç~ uglas Lynn ~on ~ 000560 STATE OF ÚTIl/-/ } UNIFORM ACKNOWLEDGEMENT 55. COUNTY OF œx EL)J)Ep } BEFORE ME, the undersigned authority, a Notary Public, on this day personally appeared ~ ä 6 L(-},S Ii¡' tV,<-' IJt t:..l:!tV ÅJ~ to me ( known to be the person(/) who executed this within and foregoing instrument, and acknowledged to me that he/she executed the same. Given under my hand and official seal, thiS the 02 ~ay of 0ü¡v.&-- ,2007. Name Public: Address: My Commission Expires: '7 - I r.f - ðj .,. . ~RY'PUBlJC , -l)ENN. J.S J.K_EEFfl. f&R'\ ~ - ~~"'I'-- II ~ '1:='~~ ': . ",. . "ST=F·· .- EXHIBIT" A" 000561 ATTACHED TO AND MADE A PART OF THAT CERTAIN OIL, GAS AND MINERAL LEASE DATED JUNE 26,2007 BETWEEN, DOUGLAS LYNN MCKINNON AS LESSOR, AND FITZSIMMONS LLC. AS LESSEE. TownshiD 22 North. Ranl!e 119 West & TownshiD 22 North Ranl!e 120 West 61b P. M. A parcel ofland situate in sections 11 and 12 of Township 22 North, Range 120 West and Section 7 of Township 22 North, Range 119 West Of the 61b Principal Meridian in Lincoln County, Wyoming, described as follows: Beginning at comer #3 of Resurvey Tract # 47 from whence the Southwest comer of said Section 7 bears South 30°00' West 38.75 chains; thence South 15.20 chains to north boundary of Leo Telford lands; thence West 108.47 chains to a point situate in the center of the channel through which the Bear River flows; thence on a meander of the central thread of bear River, North 27°08' East 1.35 chains; North 24°24' East 11.86 chains; North 33°09' East 11.71 chains; South 58°00' East 10.38 chains; North 15°53' East 12.79 chains; North 25°57' West 4.11 chains; south 71 °34' West 1.90 chains; South 76030' West 5.14 chains; South 51°54' West 6.48 chains; North 62°54' West 9.44 chains; North 42°14' East 9.60 chains to the end of said meander of Bear River; the intent being to deed to the center of said channel as measure midway from the top of the bank escarpments at normal ground levels; thence East 119.89 chains; thence South 22.71 chains to Comer # 2 of said tract # 47; thence West 20 chains to place of beginning. Containing 418.78 acres more or less. Also Included: Beginning at a point in the West line of the O.S L. nOW known as U.P. right of way which point is South 0°04' East, 21.72 chains and West 2004 feet of the East quarter comer of section 7, Township 22 North, range 119 West of the Sixth Principal Meridian in Lincoln County, Wyoming, and running thence West 1886 feet, more or less, to the West boundary line of tract 54, which point is identical with the East boundary line of Tract 47; running thence North along the West boundary line 15.20 chains to the comer No.4 of Tract 54, which point is identical with the comer No.3 of Tract 47; thence East 20 chains along the North boundary line of Tract 54, which line is identical with the South boundary line of Tract 47, to comer No.1 of Tract 54, which point is identical with comer No. 2 of Tract 47; thence North 6.54 chains along East boundary of Tract 47; thence South 89°58' East 1000 feet, more or less to the West boundary line of the O.S.L. Railroad right of way; thence Southwesterly in said West line of the said O.S.L. right of way 1476 feet more or less to the place of beginning. Excepting Therefrom the Following: A parcel ofland situate in Section 7 Township 22 North, Range 119 West, of the 6rh P.M., in Lincoln County, Wyoming, described as follows: Beginning at comer No.3 of Resurvey Tract 47 from whence the Southwest comer of said Section 7 bears South 30° 00' West, 38.75 chains; thence South 15.20 chains; thence West 16.6 chains; thence North 15.20 chains; thence East 16.6 chains to a point of beginning. Containing 25.23 acres, more or less.