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Sunday, January 29, 2017 I find in my mailbox and unexpected contract from ARC that was not in my mailbox at 6:15 pm Jan. 28, 2017.
Opening said package I find a lease contract from ARC in regards to land "I own" in Ritchie County, WV. News to me. As if I am not having enough problems with ARC over the handful of dirt I "inherited" in Doddridge County!
Looking over this contract lets me remember what I have been through with the Doddridge contract. First off, this new contract covers 42 acres, "...lands being situated on the waters (???Land situated on water???) of Brush Run NFHR in the District of Clay, County of Ritchie, State of West Virginia." Parcel numbers are 3-9-6 and 3-9-7.
The contract seems to claim that I had acquired (the land) by Will dated September 22, 1967. That date has no meaning to me. Further into the same paragraph it FALSELY STATES "It being the purpose and intent of Lessor to lease...." How could I I decided to lease property I did not know I own???
Whomever wrote this contract, it is clear they DID NOT have my interests in mind (yes, I am acting "dumb" as I know it was written for a party I will refer to as "ARC".)
On down it is indicated that I am "willing" to share production cost (involving bringing the gas to the surface, transporting, storage of said gas). Maybe they sent the contract to the wrong person??? I want no relationship with ARC and they and their lawyers know it!
No where in this contract do I see a reference to Third Party Liability, and that, if no other reason, makes the contract UNACCEPTABLE! There are several other areas not mentioned in this contract that I have been fighting in the Doddridge contract(s).
Like I stated above, I find WV gas contracts a source of humor. Maybe "they" do not think it is funny, but as I have stated on this website before, I care less about the gas that "may" be under this land. It has been there for some time and is causing no harm. I have no intentions of bringing the gas to the surface and selling it. And now for the "stinger", if someone wants to bring the gas up and sell it the only contract I will agree to is, "AS IS, WHERE IT IS!"
I will put it out here in the open, ARC has a bad safety record in Doddridge County, WV for the last six years, why would I want to become involved with the in Ritchie County (I have not checked their safety record in that county yet). And then there are also the problems the corporation has caused my extended family living in the western US states, such as Colorado.
I see ARC as an undesired tenant, I have no idea if I am the sole owner of this "inherited" property, how much of the stated 42 acres is in my name, who requested that ARC be involved, etc., etc., etc. Some people reading this probably see nothing but $$$ being offered, I see Legal and Financial obligations I am neither prepared or willing to tackle.
So, does anyone reading this know any background in regards to what is currently happening in regards to these two parcels? Does anyone know what has happened in regards to these parcels before "now"?
I would really like to be brought up to speed. RCR 2/6/2017
Thanks Arnold. I think Roger is on the right path, trying to find out. This is a complicated situation, and he seems to have been hit hard by Antero. Made more difficult by lack of a computer at home, as he says.
We can keep helping him as best we can. He'll find a way forward.
Thanks WV Mineral Owner. I have learned a lot from this group and like to share what I know and have learned, when I can.
I have the latest paperwork/contract with me for a change (I have to take a bus to a library to use a computer and most of the time I have to go elsewhere after posting so I seldom have all the paperwork with me.)
This was the first contact I had in regards to my "owning" property in Ritchie County, WV:
"Our client, Antero Resources Corporation ("Antero") has informed us that you APPEAR ( I capitalized this, lower case on the paper) to own a fractional mineral interest in 42 acres in Ritchie County, West Virginia, Antero has been trying to obtain a lease from you to accommodate development of oil and gas underlying this tract,"
QUESTION: If they had in fact been trying to obtain a lease on this property why is it that this was the FIRST contact they made? A party actually has to try before they cane claim what is stated here. And NO, this is a legal matter and every word means something. Thinking, "Oh well, whatever!" ends up costing YOU money after when the case goes to trial.
The next paragraph illustrates what I mean:
"It is my understanding that you have not yet executed the lease. If you maintain this position and refuse to participate in the development of this tract, Antero will have no choice but to file suit against you and ask the Court to partition the fractional interest you own (etc.)"
So what is wrong with this statement? This was written in the cover letter of the FIRST CONTACT the corporation made. Paragraph #1 is the first I heard of my name being on a handful of dirt in WV, paragraph #2 starts ARC's claim to the court that they "tried to settle the dispute" by telling me to roll over and hand them the mineral rights or be punished.
Yes, lawyers write letters like that in order to create income through law suits, BUT, if a little thought had gone into this letter the problem could have come to an end with a simple phone call. As indicated in a post I just read here this morning, it would have been nice if the lawyer had taken the time to inform me the name of the "relative" that willed this hunk of land to me.
If the lawyer was telling the truth the statement of ARC trying to contact me wouldn't be in the cover letter.
At the end of the last paragraph in the cover letter: "If you do not execute and return these documents, I urge you to engage in negotiations with Antero so that you can seek the maximum benefit from the oil and gas lease AND AVOID LITIGATION (again, I capitalized this, it was in lower case in the original letter)."
It further tells me to contact a certain party, I will not list it here, by February 66, 2017. "If he does not hear from you by February 6, 2017, Antero will have no choice but to file suit to protect its interests".
If you can not read this and NOT think I was given no choice to sign or else, it it YOU who needs a lawyer to protect YOUR interests in life.
I received this letter on 1/28/2017, it was dated 1/26/2017. But you ask why I received this on a Sunday? Thanks to the mail from Antero and my local county government I have discovered letters which require my signing for in my mailbox with the paper work still attached and this letter was delivered sometime between 8 pm on the 27th and 9 am Sunday morning. I reported this to USPS and the party responsible was fired.
Agree that their timing is really terrible. I think they try to do too much with too few people which is not the best way to do business.