Oil Lease
This Indenture made and entered into this 20th
day of May A.D. 1865, by and between Wm Hopkirk and Jane Hopkirk his wife, of
the County of Jefferson in the State of Iowa parties of the first part, and Joshua
Martin & Co of the County of Henry in the State of Iowa parties of the
second part;
Witnesseth, That the said Wm
Hopkirk & Jane his wife in consideration of the covenants and agreements of
the said parties of the second part hereinafter contained, do hereby demise,
grant, and lease to the said Joshua Martin & Co and their legal
representatives and assigns for and during the full term of three years from
and after the 20th day of May A.D. 1865, and so long thereafter as
the said parties or assigns of the second part may operate the same for the
purposes hereinafter named, the sole, entire and exclusive right to bore, dig
and excavate Coal & Oil, in and upon and to take, procure and carry away
from a certain tract or parcel of land situate in the County of Jefferson and
State of Iowa and known, designated and described as follows –to-wait: The
south half of the N W qr (quarter) of the S W qr(quarter) Section 26 TP(township)
72, R(range) 8 west containing twenty (20) acres all that substances known as
Petroleum or Rock Oil, and all other valuable mineral to be found upon the said
premises.
And the
said parties of the first part for their heirs
and assigns, hereby covenant with the parties of the second part, &
their legal representatives and assigns, that during the said term and so long
thereafter as the said parties of the second part, heirs or assigns, may
operate the same as aforesaid, the said parties of the second part, & their
legal representatives or assigns shall have the sole and exclusive occupancy of
the said premises for the purposes above named, and of the right of way to and
from such well or wells as the said second part may locate, bore or otherwise
excavate thereon, and the privilege of, with land sufficient for such buildings
and machinery as may be necessary to the proper conducting and management of
said business. The said parties of the first part retaining the right to use
said premises for agricultural and all other purposes not interfering with the
uses and privileges above mentioned. In
consideration of which the said parties of the second part, for and in behalf
of themselves and their legal representatives and assigns, agree with these
parties of the first part and their heirs and assigns, to deliver or cause to
be delivered to and one ninth part of) them the one tenth part of all Oil, Coal
or other minerals, that may be secured upon said premises during the existence
of this Lease.
In
Witness Whereof, We have hereunto signed our names on the day and year above
written.
IN PRESENCE
William
Hopkirk [L.S.]
Jane
Hopkirk [L.S.]
STATE OF IOWA, Jefferson County} ss{ Before me, the
undersigned, a Justice of the Peace in and for said County, personally appeared
William Hopkirk & Jane Hopkirk who are personally known to me to be the
identical persons whose names are subscribed to the foregoing Lease as Grantors
and acknowledged the same to be their voluntary act and deed.
In
witness whereof, I have hereunto subscribed my name and affixed my seal this 31st
day of May A.D. 1865.
Thomas
C. Evans JP
(United States Fifty Cents Stamp affixed here)