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Home My WebLink Aboutres1987-0391 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 SUBSTITUTE RESOLUTION INTRODUCED BY: CONSENT Dated: 8/24/87 PROPOSED BY: Public Works Dept. DATE INTRODUCED: September 6, 19E7 RESOLUTION NO. 87 -39 A RESOLUTION IN THE MATTER OF ESTABLISHING A DATE AND TIME FOR THE PURPOSE OF ACCEPTING BIDS TO LEASE THE GAS AND OIL RIGHTS ON COUNTY -OWNED PROPERTY AND COUNTY RIGHT -OF -WAYS FOR TEN (10) YEARS OR FOR SO LONG THEREAFTER AS OIL AND GAS OR EITHER OF THEM IS BEING PRODUCED FROM SAID COUNTY -OWNED PROPERTY AND COUNTY RIGHT -OF -WAYS OR LANDS POOLED THEREWITH TO THE HIGHEST AND BEST BIDDER AND RECEIVING ANY WRITTEN OBJECTIONS IN ACCORDANCE WITH RCW CHAPTER 36.34, RCW 36.75.040, RCW CHAPTER 78.16, AND RCW 80.40.070 WHEREAS, the Whatcom County Council has determined that it is in the best interest of the County and the people thereof to lease the gas and oil rights on certain County -owned property and County right -of -ways; NOW, THEREFORE, BE IT RESOLVED that the Council of Whatcom County does hereby instruct the Clerk of the Council to publish a notice in the legal newspaper once a week for the term of three weeks and to post a notice of the Council's intent in the Courthouse for the same length of time designating the described property which is proposed to be leased and the date and time the County Council will meet at the Courthouse for the purpose of leasing the gas and oil rights on County -owned property and right -of -ways. Said date shall not be more than one week after expiration of the time required for the publication of the notice, at which time any person or persons may object to the leasing of the property by doing so in writing. The County Council shall award such lease to the highest responsible bidder at the time and date of the meeting. Provided, that such gas and oil rights shall be offered for lease with the following conditions: A. The successful bidder shall enter into a contract with the County. B. Said contract shall provide that said renting or leasing will not interfere with vehicular traffic along said county roads, or adversely affect th safety of the traveling public, nor interfere with any existing or future utili- ties, and that no structure or equipment shall be placed upon any county right - of -way. C. Said lease shall contain provisions that no rights shall be exer- cised under said lease by the lessee his heirs, executors, administrators, suc- cessors or assigns until provisions have been made and approved by the County for full payment for any and all damage to County property by reason of entering upon said land for the purpose of extracting the mineral rights. D. The lessee shall comply with all county, state and federal laws and obtain all required permits and /or approvals prior to entering upon any County property or right -of -ways. RESOLUTION - 1. Date drafted: 8/24/87 1 2 3 4 5 6 7 8 9 10 11 12 13. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 IT IS FURTHER RESOLVED that minimum lease terms are established as .ollows: $5.00_per acre initial bonus for a five -year term lease plus a rental of $1.00 per acre for years two, three, four and five; an option to extend the .ease for a second five -year term for $10.00 per acre as a renewal bonus for the second five -year term and a rental of $2.00 per acre for years seven, eight, Line and ten. The royalty to be reserved in the lease shall be a minimum of 2.50 percent. Said lease will contain a non - drilling provision as to right -of- Lays and a limited entry provision as to all other County -owned property and .ttached to and made a part of the lease will be an addendum to provide for Lnderground storage of oil and gas. The lease will also provide that at the end if the primary term of five years, or ten if extended, the lease will terminate Ls to all lands not then included in a producing unit. Further, the contractual .ease will provide that the lessee will comply with all laws, rules and regula- .ions of the county and the state and federal governments and prior to drilling rill obtain all required approvals and permits at their own expense. Further, he lease will provide prior approval for any structures or equipment to be Llaced upon County -owned property for removal of gas and /or oil and further pro - ,ide that no structures shall be located on any county right -of -way nor shall perations be carried on in a manner which will unduly interfere with vehicular raffic along county roads, sections or portions thereof, or adversely affect .he safety of the traveling public or interfere with any existing or future uti- .ities or rights of same within said right -of -way. IT IS FURTHER RESOLVED that it is the intent of the County Council to .ease only the County -owned property and the county rights -of -way as described n Exhibits A and B of this resolution. PASSED this 3rd day of September 1987. WHATCOM COUNTY COUNCIL WHATCOM OUNTY 7HINGTO THOW BURTON Chairperson LTTE APPROVED AS TO FORM: v✓ arol Ebergson lerk of the Council andall J. W Chief Civil Deputy Prosec ng Attorney OLUTION - 2. e drafted: 8/24/87 1 2 3 4 5 6 7 8 9 10 11 12 13. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 EXHIBIT A NOTICE OF LEASE OF GAS AND OIL RIGHTS BELOW THE SURFACE OF COUNTY -OWNED PROPERTY 1 Description of County -owned Property: Cottonwood Beach Park and Birch Bay Access Park Section 24 Township 40 North Range 1 West Plat of Cottonwood Beach Park, Block 2 Lots 8 to 22 less roads and Block 3 lots 13 and north half of 14 through 17 less roads. Nor -Bell Nursing Home Tax Lots 39 and 39.3 Section 34 Township 39 North Range 2 East 146.89 acres For park Tax Lots 20.6 and 22.5, Section 24 Township 40 North Range 1 West .49 acre Custer storage site Tax lot 5.1 Section 25, Township 40 North Range 1 East 2 acres Birch Bay landfill site Tax lot 2.1 Section 29, Township 40 North Range 1 East 5 acres Tax lot 2.4 Section 29, Township 40 North Range 1 East 2.07 acres School site Tax lot 8.1 Section 32, Township 40 North Range 1 East 2.58 acres Custer pit Tax lot 10.1 Section 26 Township 40 North Range 1 East 4.34 acres Aldergrove pit Tax lot 11.3 Section 9 Township 39 North Range 1 East 5 acres Willey's Lake pit Tax lots 3.3 and 3.1 Section 27 Township 40 North Range 2 East 13.66 acres Tennant pit Tax lot 2.9 Section 11 Township 40 North Range 3 East 1 acre Badger (Northwood) pit Tax lot 1.2 Section 15 Township 40 North Range 3 East 4.84 acres Roeder pit Tax lot 1.1 Section 2 Township 39 North Range 3 East 5 acres Oltman pit Tax lot 1 Section 2 Township 39 North Range 3 East 10 acres Abel pit Section 20 Township 39 North Range 3 East Parcel A Tax lots 14.1 and 14.2 6.05 acres Parcel B Tax lot 13 6.50 acres Parcel C Tax lot 12.3 5.00 acres Parcel D Tax lot 12.5 7.75 acres Parcel E Tax lot 12.6 5.00 acres Laurel pit Tax lot 17.1 Section 20 Township 39 North Range 3 East 6.61 acres Tax lot 17.2 Section 20 Township 39 North Range 3 East .94 acre F -34 pit Tax lot 20.1 Section 19 Township 39 North Range 3 East 4.09 acres 244.81 acres 1 2 3 4 5 6 7 8 9 10 11 12 13. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ship 40 North Range 3 East The Portal Way right -of -way as it Sections 1 thru 36: all of each traverses the county. 40 North Range 4 East ons 6,7,18,19,30,31: W1 /2W1/2 ng approximately 387.95 miles of right -of -way, or 2,821.45 acres based on ft. rights -of -way for all roads. NOTICE OF LEASE OF GAS AND OIL RIGHTS BELOW THE SURFACE OF COUNTY RIGHTS -OF -WAY EXCLUSIVE OF ROADS WITHIN INCORPORATED TOWNS OR CITIES 1 description of County Rights -of -way, sections or portions thereof, as ,n within the red line on map (Exhibit C), except those portions of roads lie within incorporated towns or cities: [ship 41 North Range 1 East Township 39 North Range 1 West Section 36: E1 /2 & E1 /2W1/2 Sections 1, 11, 12: all of each Section 13: N1 /2N1/2 [ship 41 North Range 2 East Sections 31 thru 36 - all of each Township 39 North Range 1 East Sections 1 thru 12: all of each [ship 41 North Range 3 East Sections 13 thru 18: N1 /2N1/2 Sections 31 thru 36 - all of each Township 39 North Range 2 East ship 41 North Range 4 East Sections 1 thru 15; 22 thru 27; Section 31: W1 /2W1/2 and 34 thru 36: all of each Sections 16: E1 /2E1/2; NW1 /4NE1 /4 .ship 40 North Range 1 West Sections 21, 28, 33: E1 /2E1/2 Section 13: S1 /2S1 2 Sections 24, 25 & 26 - all of each Township 39 North Range 3 East Sections 1 thru 36: all of each .ship 40 North Range 1 East Section 1: El /2 6 EL /2W1/2 Township 39 North Range 4 East Section 12: E1 /2 & E1 /2W1/2 Sections 6,7,18,19,30,31: all of e Section 13: E1 /2 & E1/2W1/2 Sections 14, 15, 16, 17, & 18 Township 38 North Range 2 East S1 /2S1/2 of each Sections 1, 2, 3: N1 /2N1 22 Sections 19 thru 36: all of each Section 4: NE1 /4NE1 /4 .ship 40 North Range 2 East Township 38 North Range 3 East Sections 1 thru 36: all of each Sections 1 thru 6: N1 /2N1/2 ship 40 North Range 3 East The Portal Way right -of -way as it Sections 1 thru 36: all of each traverses the county. 40 North Range 4 East ons 6,7,18,19,30,31: W1 /2W1/2 ng approximately 387.95 miles of right -of -way, or 2,821.45 acres based on ft. rights -of -way for all roads. 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