HomeMy WebLinkAboutMINUTES - 12071993 - 1.16 H
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TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
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DATE: DECEMBER 7, 1993
SUBJECT: OIL AND GAS LEASE - BRENTWOOD AREA
Project No.: 0674-6U4200
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION
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I. Recommended Action:
APPROVE Amendment to Subsurface Oil, Gas and Mineral Lease with Nahama & Weagant
Energy Company and AUTHORIZE the Board Chair to sign said Amendment on behalf of the
County.
II. Financial Impact:
The original lease provides for a $50 per acre rental fee and a one-fourth royalty on production,
if any. The primary term of the lease is for 5 years. The Amendment increases the road right
of way subject to the lease from three to approximately 4.5 acres; revenues to increase directly
proportional to the acreage increase.
III. Reasons for Recommendations and Background:
The Board approved the original lease on February 26, 1991. The Amendment adds 1.5± acres
sof road right of way (a portion of Balfour Road and Byron Highway) to the area covered by the
lease. No surface rights are involved. Lessee seeks to establish the production of natural gas
from this prospect.
IV. Consequences of Negative Action:
Loss of revenue as outlined in Section II above.
Continued on Attachment: SIGNATURE:—&a& �
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON DEC 7 1993 APPROVED AS RECOMMENDED OTHER
VOT OF SUPERVISORS
UNANIMOUS (ABSENT
AYES: NOES:
ABSENT: ABSTAIN:
I hereby certify that this is a true and correct copy if
RF:gIo an action taken and entered on the minutes of the
c:BOa7.t12 Board of Supervisors on the date shown.
ATTESTED: DEC 1993
Orig. Div: Public Works (R/P) PHIL BATCHELOR,clerk of the Board
Contact: Roger Frost (313-2223) of Supervisors and Cou ty Administrator
cc: County Administrator `
By "Deputy
Auditor-Controller (via R/P)
P. W. Accounting j
Recorder (via R/P)
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RECORDING REQUESTED BY AND /
WHEN RECORDED SEND TO:
Nahama & Weagant Energy Company
4700 Stockdale Hwy. , Ste. 110
Bakersfield , CA 93309
(93-112)
Unincorporated area of
Contra Costa Co. , California
AMENDMENT TO SUBSURFACE OIL, GAS AND MINERAL LEASE
THIS AGREEMENT made and entered into as of this 20th day of
October, 1993 by and between COUNTY OF CONTRA COSTA, a political
subdivision of the State of California, hereinafter called
"Lessor" , and NAHAMA & WEAGANT ENERGY COMPANY, a California
corporation, hereinafter called "Lessee" ;
W I T N E S S E T H
THAT WHEREAS, Lessee presently holds all of the Lessee' s
right, title, and interesf under that certain Subsurface Oil , Gas
and Mineral Lease dated February 26 , 1991, entered into by and
between Lessor and Lessee herein, covering 3.024 acres, more or
less, situated in Contra Costa County, California, more
particularly described in said Lease, a Short Form of which was
recorded June 26 , 1991 , as Instrument No. 91-123708, in Book 16693,
at Page 832, Official Records of said County and State; and
WHEREAS, it is the desire of the parties hereto to amend said
lease to include additional lands by modifying the description and
the amount of acreage as hereinafter provided ;
NOW, THEREFORE, in consideration of the sum of Ten Dollars
( $10.00) in hand paid by Lessee to Lessor and other good and
valuable considerations, the receipt and adequacy of which are
hereby acknowledged, and of the covenants and agreement contained
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in said lease, Lessor does hereby grant, demise, lease and let said
land to Lessee, its successors and assigns, for the purposes and
upon all the same terms, provisions and conditions, as contained in
said lease of February 26 , 1991 , and does hereby join and concur in
said lease, and as a Lessor, the said lease is hereby recognized ;
ratified, and confirmed as to all of the terms, conditions,
recitals and stipulations therein contained , and the parties hereto
agree:
1 ) That the description of the leased land as it appears on
Exhibit "A" of said lease and Short Form, is hereby
deleted in its entirety and the description attached
hereto as Exhibit "A" is substituted therefor.
'13 - 212 CONTRA C OOT A CO .
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2) That the amount of acres indicated on Page 1 of said
lease is hereby deleted and substituted therefor is the
acreage amount of 4.50 acres, more or less.
3) That said lease is a valid and subsisting lease and the
rental payments due hereunder have been .paid by Lessee
and received by Lessor and operate to defer the
commencement of drilling operations until February 26 ,
1996 .
As hereby amended , said Lease shall be and remain in full
force and effect as to all its terms and provisions.
This agreement shall be binding upon and shall inure to the
benefit of the heirs, personal representatives, successors and
assigns of the parties hereto.
This agreement may be executed in any number of counterparts
with the same force and effect as though all parties signed the
same document.
IN WITNESS WHEREOF, the parties hereto have executed this
instrument the day and year first hereinabove written.
LESSOR LESSEE
COUNTY OF CONTRA COSTA NAHAMA & WEAGANT ENERGY COMPANY
BY:
cho ol, L�Jo4-c� S� Peggy Morgan,
Manager of Lands
BY:
0,9 20 rt,
S
State of California
County of Contra Costa
On before me, Roger H. Frost, Notary
Public, personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
Signature
Roger H. Frost
EXHIBIT "A•
Attached to and made a part of that certain Amendment to
Subsurface Oil , Gas & Mineral Lease dated October 20, 1993, by and
between COUNTY OF CONTRA COSTA, as Lessor, and NAHAMA . & WEAGANT
ENERGY COMPANY, as Lessee.
DESCRIPTION:
Portions of Sections 16 , &. 22, Township 1 North, Range 3East,
MDB&M
PARCEL 1.
COMMENCING at a point, said point being a stake 19 X 2 inches, on
the Westerly line of said Section 16 , 40.034 chains North of the
Southwest -corner of said Section 16 , being the common corner of
Sections 16 , 17, 20 .and 21, running thence South 890 59 ' 37" East
2161 feet to a stake 2 x 4 inches, running thence South 000 23' 15"
West 25 feet, thence running North 890 59 ' 37" West 2161 feet more
or less to the Westerly boundary of said Section 16 , thence along
said boundary North 000 23' 15" East 25 feet more or less to the
point of beginning.
PARCEL 2.
BEGINNING at the Northwest corner of the J . Meyer property, which
is the Northeast corner of the Desmond McCabe property; thence
Easterly 3109 feet more or less along the line between the property
of J . Meyer and Manuel Basta to Northeast corner of the property of
J . Meyer; thence South 25 feet to a point; thence Westerly 3109
feet to a point; thence North 25 feet to the place of beginning .
PARCEL 3.
A portion of the Northwest Quarter of the Northwest Quarter of
Section 22, Township 1 North, Range 3 East, MDB&M, described as
follows:
The 22 foot strip of land along the North side of Parcel "A" and
"B" fronting on Balfour Road and the 22 foot strip of land along
the West side of Parcels "A" and "C" fronting on Byron Highway
shown as "22 FT. STRIP DEEDED TO CONTRA COSTA COUNTY" on the
Parcel Map filed January 23, 1973, in Book 26 of Parcel Maps at
Page 9 , Contra Costa County records.
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