NOTICE OF PUBLIC AUCTION
Notice is hereby given that, pursuant to W.Va. Code Sec.18-5-7(2017), the Board of Education for the County of Ohio shall lease for the purpose of drilling all oil and gas underlying the following described parcel in Ohio County, West Virginia, containing in the aggregate 14.623 leasehold acres, more or less. The oil and gas lease will be awarded to the highest responsible bidder at public auction at the Ohio County Board of Education office at 2203 National Road, Wheeling, WV beginning at 10:00 a.m. on the 20th day of July, 2022.
1. Subject Tract: The leasehold is located in the District of Wheeling, in the County of Ohio, in the State of West Virginia and described as follows
Subject Tract #1: The leasehold is located in the District of Bethlehem, in the County of Ohio, in the State of West Virginia, and described as follows:
Tax Map No(s): 01-RB2C-0032-0000 and is bounded substantially by lands now or formerly owned as follows:
On the North By: 01-RB2C-0008-0010
On the East By: 01-RB2C-0041-0000, 01-RB2C-0042-0001, 01-RB2C-0042-0000, 01-RB2C-0072-0000, 01-RB2C-0044-0000
On the South By: 01-RB2C-0045-0001, 01-RB2C-0045-0002, 01-RB2C-0045-0005, 01-RB2C-0045-0006, 01-RB2C-0026-0000, 01-RB2C-0027-0000, 01-RB2C-0028-0000, 01-RB2C-0029-0000
On the West By: 01-RB2C-0008-0002, 01-RB2C-0008-0004, 01-RB2C-0008-0007
Including lands acquired from Dora Manie Bopp, unmarried, by virtue of deed dated May 25, 1953, and recorded in Book 352, Page 172, and containing a total of 3.11 leasehold acres, more or less. Less and Except: lands conveyed to the West Virginia Department of Highways, a corporation, by virtue of deed dated September 22, 1971, and recorded in Book 530, Page 67, and containing a total of 0.15 leasehold acres, more or less. Said leasehold contains a total aggregate acreage of 2.96 acres, more or less.
Subject Tract #2: The leasehold is located in the District of Bethlehem, in the County of Ohio, in the State of West Virginia, and described as follows:
Tax Map No(s): 01-RB2C-0094-0000 and is bounded substantially by lands now or formerly owned as follows:
On the North By: 01-0RB2-0020-0000
On the East By: 01-0RB2-0020-0000, 01-RB2C-0095-0000, 01-RB2C-0042-0000, 01-RB2C-0072-0000, 01-RB2C-0044-0000
On the South By: 01-RB2C-0096-0000, 01-RB2C-0080-0003, 01-RB2C-0079-0000, 01-RB2C-0078-0000, 01-RB2C-0077-0000, 01-RB2C-0037-0000, 01-RB2C-0036-0000
On the West By: 01-RB2C-0037-0000, 01-RB2C-0036-0000
Including lands acquired from Lewis F. Hemmann and Hannah Hemmann, his wife, by virtue of deed dated February 11, 1930, and recorded in Book 220, Page 374, and containing a total of 3.98 leasehold acres, more or less.
Subject Tract #3: The leasehold is located in the District of Wheeling, in the County of Ohio, in the State of West Virginia, and described as follows:
Tax Map No(s): 10-0W96-0040-0002 and is bounded substantially by lands now or formerly owned as follows:
On the North By: 10-0W96-0039-0005, 10-0W96-0043-0000
On the East By: 10-0W96-0043-0000, 06-T17B-0324-0000, 06-0T17-0007-0000, 13-0002-0016-0000
On the South By: 10-0W99-0002-0000, 10-0W99-0001-0000
On the West By: 10-0W99-0001-0000, 10-0W99-0003-0000, 10-0W99-0007-0000
Including lands acquired from Grove Drive-In Theatre, Inc., a West Virginia Corporation, et al.,
Defendants, by virtue of Proceedings to Condemn Land for Public Use, dated August 15, 1974, and recorded in Book 574, Page 12, and containing a total of 7.683 leasehold acres, more or less.
The lease of said oil and gas interests shall be subject to the following terms: (1) a primary five year term subject to rights of extension and renewal to be agreed upon; (2) a minimum 18% gross royalty on all production; (3) a minimum bonus of $5,000.00/acre to be paid within 90 days of award; (4) royalty payments shall be calculated based on Lessee’s gross proceeds received from the sale of oil and gas without any deductions therefrom for post-production costs; (5) the Lease shall apply only to oil and gas and related hydrocarbons that may be produced through the well bore; and all other minerals, including, but not limited to, Lignite coal, uranium, sulfur, gravel, copper, and metallic ores shall be excluded; (6) Lessee is not granted any right whatsoever to use leased premises, or any portion thereof, for gas storage purposes (7) Lessee agrees it will defend, hold harmless and indemnify Lessor from and against any penalty, damage or charge imposed for any violation of any local, state or federal statutes, regulations, executive orders or ordinances and shall defend, hold harmless and indemnify Lessor from and against any claim, loss, damage or expense, including, but not limited to injuries to persons or property, arising from or caused by any alleged acts or omissions of the Lessee or those contracting with or holding under the Lessee; (8) Lessor warrants title to said property only with respect that the title is good to the best of Lessor’s knowledge and Lessee agrees that no claims will be made against Lessor pertaining to warranty of title; (9) Lessee’s operations with respect to the rights leased hereunder shall at all times be in compliance with all applicable local, state and federal statutes, regulations, executive orders and ordinances; (10) Lessee shall not use any water from Lessor’s wells, ponds, springs, lakes, reservoirs or creeks located on the leased premise; (11) Lessee shall not be granted any right whatsoever to use the leased premises or its subsurface for the construction or operation of any disposal well, injection well, or the construction or operation of any water disposal facilities; (12) If oil, gas or their constituents are sold to an affiliate of the Lessee then the price of the products sold shall be no less than what would have been received had the sale been to an unaffiliated third-party in an arms-length fair market sale, taking into consideration the quantity, quality, point of sale of the products and the terms of the sale contract; (13) Without separate negotiation, Lessee shall have no surface rights of any kind, including but not limited to having no right to: drill wells, construct pipelines, construct access roads, construct well pads and/or install any other facilities on the described leasehold; (14) Horizontal and Vertical Pugh Clauses shall apply; (15) Shut-In Limitation shall apply; and (15) Final lease award is subject to the approval of the Board; the Board reserves the right to reject any or all bids.
June 28, 2022
Ohio County Board of Education
Kimberly S. Miller, Ed.D., Superintendent
2203 National Road
Wheeling, WV 26003
(304) 243-0300
Int. Jul 11, 14, 18, 2022