HomeMy WebLinkAbout20130909.tiffNADOA Model Form Division Order (Adopted 9/9 1
IAD noble
energy
DIVISION ORDER
Return To:
Property Name :
Operator:
County / Parish and State :
Property Description :
Product
NOBLE ENERGY, INC
1625 BROADWAY STE 2200
DENVER CO 80202 US
WIEST J28-65-1 HN NI
NOBLE ENERGY, INC
WELD, CO
Refer to next page for property description attachment
ALL
Desk Code : MPP
Date: FEB042013
Effective Date: OCT2012
128319
OWNER NAME
PROPERTY #
OWNER #
INTEREST
WELD COUNTY CO
BOARD OF COUNTY COMMISSIONER
1150O ST
PO BOX 758
GREELEY CO 80632 US
435824951
124102 - 8
0.03175540 RI
The undersigned certifies the ownership of their decimal interest in production or proceeds as described above payable by Noble Energy Inc. (Noble).
Noble shall be notified, in writing of any change in ownership decimal interest, or payment address. All such changes shall be effective the first day of the month
following receipt of such notice.
Noble is authorized to withhold payment pending resolution of a title dispute or adverse claim asserted regarding the interest in production claimed herein by the
undersigned. The undersigned agrees to indemnify and reimburse Noble any amount attributable to an interest to which the undersigned is not entitled.
Noble may accrue proceeds until the total amount equals $25.00, or clear ALL payable proceeds in January of each year, whichever occurs first, or as required by
applicable state statute.
This Division Order does not amend any lease or operating agreement between the undersigned and the lessee or operator or any other contracts for the
purchase of oil or gas.
In addition to the terms and conditions of this Division Order, the undersigned and Noble may have certain statutory rights under the laws of the state in which the
property is located.
Special Clauses:
Owner(s) Signature(s):
Owner(s) Tax I.D. Number(s):
TIN(s) or SSN(s)
Owner Daytime Telephone/Fax #:
Address Correction :
7
APR 1 0 2013
7
William F. Garcia, Chair
Board of Weld County Commissioners
Attest:
Clerk to the
BY: /11//44
Deputy Clerk
ance with
Federal Law requires you to furnish your Social Security or Taxpayer Identification Number. Failure to comply will result in tax withhd
federal law, which will not be refundable by Payor.
�_ /�� nda
LIIIDV - f3
2013-0909
LEOO I Gl
NOBLE ENERGY. INC. Property Description Attachment
Property Name
Operator
County / Parish and State
Property Description
: WIESTJ28-65-1HN NI
: NOBLE ENERGY, INC
: WELD, CO
T5N R66W SEC 28: S2N2, N2S2, CONTAINING 324 ACRES MORE OR LESS, WELD COUNTY, CO
NOBLE ENERGY INC.
1625 Broadway, Suite 2200
Denver, Colorado 80202
February 4, 2013
Interest Owner
Re: Property Name : WIEST J28 -65 -1I -IN BPO
Operator : Noble Energy, Inc.
County / State : Weld County, CO
RECEIVED
FEB e p
Noble Energy Inc. ("Noble") has successfully drilled and completed the above referenced property. First production
occurred November 17, 2012. The enclosed Division Order states your share of production in this well according to
our records.
Please keep this Division Order for your records.
Noble will pay you based on the stated interest UNLESS you provide written notice to Noble that you believe the
interest is incorrect or that you are not the owner of said interest.
As the owner of the above interest, you shall have the sole liability to notify Noble, in writing, of any address changes
and/or changes in ownership. Until such written notification is received by Noble, payments will continue as previously
described.
Should you have questions concerning this matter, please contact the undersigned.
Lizzy Ingram
Land Department
303-228-4148
Desk Code: BHH
V0(01
COUNTY ATTORNEY STAFF APPROVAL
This is to affirm the attached Division Order and authorization to receive payment for an
oil and gas well has been reviewed by the County Attorney's staff as to form and legal
description.
Well Name:
BY:
WIEST J28-1 HN NI
File Location(s): LE001 9
DATE: Is -
Stephanie Arries
Assistant County Attorney
R
1625 Broaiway, Suite 2200
Dnver. CO 80202
lel: 303.228.4000
=ax. 303.228.4287
w`I W. r ,bleenergyinc. corn
• V noble
March 6, 2013
Tammy Waters
Deputy Clerk to the Board
Weld County Board of County Commissioners
P.O. Box 758
Greeley, CO 80632
Dear Ms. Waters:
ReCei vet)
'AR 08 20/3
10j11�0 S QNE
ERS
Per your request for additional information, dated February 11, 2013, enclosed please find
the following documents:
1) Summary of information for wells, including Lease Date, Lease Recorded Date,
Recording Data, Spud Date, Date of First Sales (DOFS), and Spacing details;
2) Copies of relevant portions of the Drilling and Division Order Title Opinion
Letters, describing applicable lease(s), assignments, and the basis of the division
orders as they relate to Weld County's mineral interests; and
3) Copies of detailed calculations illustrating how Weld County's interests were
derived.
Please note that the acreage labels in the Drilling and Division Order Title Opinion Letters
support the calculations used to arrive at Weld County's royalty interests.
Should you have any questions regarding this response, please let me know.
Sincerely,
Nadia B. Ahmad /
Associate Division Order Analyst
Enclosures
SPACING
T5N R66W SEC 28 S2N2 N2S2
CONTAINING 324 ACRES
MORE OR LESS
T5N R65W SEC 15 NE
CONTAINING 160 35 ACRES
MORE OR LESS
N
r.
O
O
In
N
N
LL
N.
o
!
N
m
SPUD DATE
N
0
O
N
N
c+-
m
o
N
RECORDING DATA
1865507, 1872284 (Weld County),
3663972 (School Distnct 6)
3723160
RECORDED DATE
8/5/1981, 10/20/1981 (re-
recorded) (Weld County),
_ _ 12/8/2009 (School Distnct 6)
0
0
N
8
0
LEASE DATE
7/29/1981 (Weld County),
11/17/2009 (School Distnct 6)
O
0
N
O
N
C,
RC NO.
LO
435736366
0)
O
N
LU
N
N
WELL NAME
z
z
WILLIAMS F15 -17D
N
couP
N
F-
F
CO
3
0
m
m
m c'
m o
u m
a o`o
_ 9
ma1 ,
I a
v
m
N
0
N v
m
m 2
a
i
�
H
Tract Description Tract Acres
(Tract Acres / Unit A.
That part of the following described tract insofar as it lies in the SW/4NW/4 of Section 28, T5N. R66W, 6th P.M. 1.66
COMMENCING at the Northwest Corner of said Section 28 and assuming the North line of the NW/4 to bear North 89°31'10"
East, a grid bearing of the Colorado State A parcel of land being a part of the N W/4 of Section 28, Township 5 North, Range
66 West of the 6th P.M., City of Evans, County of Weld, State of Colorado, more particularly described as follows:
Beginning at the Northwest Corner of said Section 28 and assuming the North line of the N W/4 to bear North 89°31'10" East,
a grid bearing of the Colorado State Plane Coordinate System. North Zone, North American Datum 1983/92, a distance of
2,630.69 feet with all other bearings herein relative thereto;
THENCE North 89°31'10" East along the North line of the NW/4 of said Section 28 a distance of 494.80 feet:
THENCE South 00°28'50' East a distance of 1.542.17 feet to the Southerly line of that parcel of land described in Reception
No. 3027928 of the Records of Weld County;
The next eight (8) courses are along the Southerly lines of said parcel of lard described in Reception No. 3027928 of the
Records of Weld County:
THENCE South 87'48'26° West a distance of 6.37 feet;
THENCE North 89°2471' West a distance of 54.03 feet:
THENCE North 70°20'32" West a distance of 15.18 feet;
THENCE North 81°22'04" West a distance of 17.54 feet;
THENCE North 89°36'33" West a distance of 149.42 feet;
THENCE North 67°07'10" West a distance of 57.18 feet;
THENCE North 27°27'44" West a distance of 242.29 feet;
THENCE South 85°13'21" West a distance of 96.84 feet;
THENCE South 87"18'20" West a distance of 5.50 feel (record distance 3.95 feet) to the West line of the NW/4 of said
Section 28;
THENCE North 00°00'23" East along the West line of the NW/4 of said Section 28 a distance of 1,300.00 feet to the North line
of the NW/4 of said Section 28 and the TRUE POINT OF BEGINNING.
A.-
i-
8
Ex. A-4 Consolidated (bpo): Page 1 of 9
m
0
m
o
to
r
n
0
U,
n
m
e
o
o
0
6
N
Cy)
0
0
6
N
m
cn .4-
ri
`S
00
That part of the following described tract insofar as it lies in the SW/4N W/4 of Section 28. T5N. R66W, 6th P.M.:
COMMENCING at the Northwest Corner of said Section 28 and assuming the North line of the Northwest Quarter (NW/4) to
bear North 89'31'10" East; a grid bearing of the Colorado State Plane Coordinate System, North Zone, North American
Datum 1983/92, a distance of 2.630.69 feet with all other bearings herein relative thereto;
THENCE North 89°31'10' East along the North line of NW/4 of said Section 28 a distance of 1,205.67 feet;
THENCE South 00°28'50" East a distance of 612.75 feet to the TRUE POINT OF BEGINNING;
THENCE South 00'28'50" East a distance of 910.27 feet to the Southerly line of that parcel of Land described in Reception No.
3029728 Records of Weld County:
The next two (2) courses are along the Southerly lines of said parcel of land described in Reception No. 3027928 of the
Records of Weld County:
THENCE South 88°16'13' West a distance of 259.25 feet;
THENCE South 87°48'26" West a distance of 451.89 feet;
THENCE North 00'28'50" West, departing from the Southerly lire of said parcel of land, a distance of 929.42 feet;
THENCE North 89°31'10" East a distance of 710.87 feet to the TRUE POINT OF BEGINNING.
That part of the following described tract insofar as i1 lies in the SW/4N Wl4 of Section 28, T5N, R66W. 6th P.M.:
COMMENCING at the Northwest Corner of said Section 28 and assuming the North line of the NW/4 to bear North 89°31'10"
East, a grid bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance
of 2,630.69 feet with all other bearings herein relative thereto;
THENCE North 89'31'10" East along the North line of the NW1/4 of said Section 28 a distance of 1205.67 feet to the TRUE
POINT OF BEGINNING
THENCE North 89°31'10" East along the North lire of the N W/4 of said Section 28 a distance of 251.00 feet to the Westerly
line of a parcel of land described in Reception No. 3101766 of the Records of Weld County:
The next 6 courses are along the Westerly and Southerly lines of said parcel of land described in Reception No. 3101766 of
the Records of Weld County:
THENCE South 00°28'50" East a distance of 1456.34 feet to the Southerly line of said parcel of land;
THENCE North 89°31'10" East a distance of 734.07 feet to a Point of Curvature;
THENCE along the arc of a curve concave to the Southwest a distance of 95.56 feet, said curve has a Radius of 450.00 feet.
a Delta of 12°10'W" and is subtended by a Chord bearing South 84°23'50" East a distance of 95.38 feet to a Point of
Tangency;
THENCE South 78°18'50" East a distance of 151.97 feet to a Point of Curvature;
THENCE along the arc of a curve concave to the Northeast a distance of 92.19 feet, said curve has a Radius of 450.00 feet,
a Delta of 11°44'15" and is subtended by a Clod bearing South 84°10'58" East a distance of 92.02 feet to a Point of
Tangency;
THENCE North 89°56'55" East a distance of 93.78 feet to the East lire of the NW1/4 of sail Section 28;
THENCE South 00'03'05" East along the East lire of the NW1/4 of said Section 28 a distance of 205.51 feet to the Southerly
line of that parcel of land described in Reception No. 3027928 of the Records of Weld County:
a
u
0
Ex. A-4 Consolidated (boo): Page 2 of 9
0
N
0)
a
N
0
O
(7
O
a
N
N
CO
N
<
N
O
N
N
Cr
_h
N
S
e
N
N
O
a
N
n
O
N
m
N
O
M
m
C)
N
0
CO
CI
)D
The next 9 courses are along the Southerly lines of said parcel of land described in Reception No. 3027928 of the Records of
Weld County:
THENCE North 81'05'34' West a distance of 64.18 feet (record distance 64.75 feet);
THENCE North 65'54'17" West a distance of 62.19 feet;
THENCE North 49'40'47" West a distance of 82.48 feet;
THENCE North 55°55'55° West a distance of 124.97 feel;
THENCE North 78°40'27" West a distance of 8/O8 feet;
THENCE North 87'36'34° West a distance of 233.89 feet;
THENCE North aft°28'03" West a distance of 219.45 feel:
THENCE South 87'51'08° West a distance of 396.99 feet;
THENCE South 89"16'13" West a distance of 198.94 feet to a point of departure from the Southerly line of that parcel of land
described in Reception No. 3027928 of the Records of Weld Candy;
THENCE North 00'28'50' West a distance of 1523.02 feet to the North line of the NW 1/4 of said Section 28 and the TRUE
POINT OF BEGINNING.
The SW/4NW/4 of Section 28, T5N. R66W. 6th P. M., less Tracts 1a, lb, 1c, and le.
That part of the following described tract insofar as it lies in the SW/4NW/4 of Section 28, T5N, R66W, 6th P.M.:
COMMENCING at the Northwest Corner of said Section 28 and considering the South line of said NW/4 to bear North
90'00'00" West, as monanented, and with at other bearings contained herein relative thereto: Thence North 90°00'00' West,
982.84 feet along said South line to the True Point of Beginning; Thence North 90'00'00' West, 1650.86 feet, continuing along
said South line to the W/4 corner of said Section 28; Thence North 00'21'51" East, 30.00 feet along the West line of the NW/4
of said Section 28; Thence South 89°40'10" East, 1631.40 feet, Thence South 43°08'39" East, 28.22 feet to the True Point of
Beginning.
That part of the following described tract insofar as it lies in the SE/4NW/4 of Section 28, T5N, R66W, 6th P.M.:
Considering the North line of the NW/4 of said Section 28, as monanented by a M" a 30" rebar with a 2 W diameter aluminum
cap, P.L.S. 23501 at then% '/° caner of said Section 28 and by a %" diameter rebar with a 3 %° " diameter aluminum cap.
P.L.S. 22098 at the NW corner of said Section 28, to bear an assumed bearing of South 89°31'25" West with all bearings
contained herein relative thereto.
(C.)
V
.-
9
m
N
;C,;4
Ex. A-4 Consolidated (bpo): Page 3 of 9
en
s
NOrS
N
to CO
O
O
ih
CO
V
O
O
i0
0)
nN
co
N
I0
t7
b
N
e
<
N
(0
CI
N
e
o
N
0)
N
Cl
a
en
CI
O
O
N
N
1(J
CO
N
324.00
S
a
N en
S
a
m
8
a
n
S
a
e ) e
S
a
n N
o
a
N
o
s
M
32.73
40
o
N
o
v
O
ry
e
N
o
e
N
m
o
V
o
m
0
9
e
beginning at me Nvv corner or oecrcn 215;
Thence along the West line of the NW/4 of said Section 28 South 00°03'15' East 1,30000 feet;
Thence North 86'08'40' East 3.95 feet;
Thence North 85'13'40 East 98.84 feet;
Thence South 27'27'25" East 242.29 feet;
Thence South 67'06'51" East 57.18 feet;
Thence South 89°36'14' East 149.42 feet;
Thence South 81'21'45° East 17.54 feet;
Thence South 70°2013' East 15.18 feet;
Thence South 89°24'17 East 54.03 feet;
Thence North 87'48'45" East 458.26 feet;
Thence North 88°16'32" East 458.19 feet;
Thence North 87°51'27' East 396.99 feet;
Thence South 86'25'44' East 219.45 feet;
Thence South 87°3615" East 233.39 feel;
Thence South 76°40'08' East 81.06 feet;
Thence South 55'55'38" East 124.97 feet;
Thence South 49°40'28' East 82.48 feet;
Thence South 85'53'58' East 62.19 feet;
Thence South 81°05'15' East 64.75 feet;
Thence along the North -South certedine of said Section 28 North 00'04'01' West 1463.88 feet to the SE corner of the Ashton
School Tract,
Thence along the Southerly and Westerly lines of said Tract the following two courses: North 89°41'36" West 191.25 feet
(Record South 89°35'03" West 181.75 feet);
Thence North 00°34'28" West 248.46 feel (Record North 239.66 feet) to the North line of the NW/4 of said Section 28;
Thence along said North line South 89°31'25' West 2437.12 feet more or less to the Point of Beginning.
The SE/4NW/4 of Section 28, T5N, R66W, 6th P.M., less Tracts 2a and 2c.
That part of the following described tract insofar as it lies in the SEJ4N W/4 of Section 28, T5N, R66W, 6th P.M..
Commencing at the center of said Section 28 and considering the South line of said NW/4 to bear North 90°00'00' West. as
monumented, and with all other bearings contained herein relative thereto. Thence North 90°00'00' West, 982.84 feet along
said South line to the True Point of Beginning; Thence North 90'00'00° West. 1650.86 feet, continuing along said South line to
the W Y. corner of said Section 28; Thence North 00°21'51' East, 30.00 feet along the West line of the NW/4 of said Section
28; Thence South 89°40'10' East. 1631.40 feet, Thence South 43°08'39" East, 28.22 feet to the True Point of Beginning.
The SW/4NE/4 of Section 28, T5N, R66W, 6th P.M.
The SE/4NE/4 of Section 28, T5N, R66W, 6th P.M.
The NW/4SW/4 of Section 28, T5N, R66W, 8th P.M.
Part of the NE/4SW/4 of Section 28, T5N, R66W, 6th P.M., conveyed in that certain Quitclaim Deed dated September 27,
2002, recorded at Reception No. 3040268 of the records of Weld County, Colorado, and more particularly described as
follows:
Beginning at the center of Section 28 and considering the North line of said SW/4 to bear North 90°00'00" West, as
monemented, and with all other bearings contained herein relative thereto, thence South 00'17'40" West. 4308 feet along the
'East line of said SW/4; thence North 90° 00' 00" West. 942.24 feet, (said caner being marked by a witness corner) which lies
North 90°0000" West, 26.73 feet: thence North 43'08'39' West, 59.04 feet to the North line of said SW/4; thence South
I90°00'00' East, 982.84 feet along the North Iee of said SW/4 to the point of beginning.
The NE/4SW/4 of Section 28, T5N, R66W, 6th P.M., less Tract 6a.
The NW/4SE/4 of Section 28, T5N, R66W, 6th P.M. -.
N
N
m
el
t0
CO
C
N-
RR
0
Ex. A-4 Consolidated (bpo): Page 4 of 9
N
C,
N
O
2
m
N
O
O
rf
0
0
J
r
el
r
N
0.28703700%
0.26929013%
a a
O O
O o
8 O
O O
O O
A
cc
0
J
aO
N
m
O
K
In
O
r
m
e 5.
NCl
C
O
N I
O
0
8
O
8
100.000000%
m m
m 4
Weld County. Colorado
Weld County, Colorado
ow A
N
CARLETON GOTLIN LAW ec
Mr. Eric Koble
Noble Energy, Inc.
1625 Broadway, Suite 2200
Denver, Colorado 80202
Re:
December 27, 2011
Drilling and Division Order Title Opinion
Wiest J28-65-1 HN Well (the "Subject Well")
T5N, R66W, Section 28: S/2N/2 and N/2S/2
Weld County, Colorado
MATTHEW L HOPPE
mhoppe@carletongothnlaw.com
DRILLING AND DIVISION ORDER TITLE OPINION
Covering
Township 5 North, Range 66 West, 6th P.M.
Section 28: S/2N/2 and N/2S/2
Weld County, Colorado
Containing 324.0 acres, +
Referred to herein as the "captioned lands"
The captioned lands are comprised of the following ownership tracts:
SW/4NW/4 of Section 28, T5N, R66W, 6th P.M.
Tract 1a: That part of the following described tract insofar as it lies in the SW/4NW/4
of Section 28, T5N, R66W, 6th P.M.:
COMMENCING at the Northwest Corner of said Section 28 and assuming
the North line of the NW/4 to bear North 89°31'10" East, a grid bearing of
the Colorado State A parcel of land being a part of the NW/4 of
Section 28, Township 5 North, Range 66 West of the 6th P.M., City of
Evans, County of Weld, State of Colorado, more particularly described as
follows:
ORIGINAL DOCUMENT CF CARLETON LAUV PC
Page 1 of 40
1580 Lincoln St. Suite 1200, Denver, CO 80203 I T: 303.825.1125 F: 303.302.3088 I www.carletongotlinlaw.com
ENERGIZING LAW
Lease B
Date: July 29, 1981
Recorded:
Lessor(s):
Lessee(s):
Lands Described:
Primary Term:
Delay Rentals:
Royalty:
Shut -In Royalty:
Book 944, Reception No. 1865507 on August 5, 1981, re-recorded in
Book 950, Reception No. 1872284 on October 20, 1981
Weld County, Colorado, a political subdivision of the State of Colorado, by
the Board of County Commissioners
Baker Oil Corp.
T5N, R66W, 6th P.M.
Section 28: NE/4 and part of the SW/4 (a strip of land 30' in width off the
entire South Side of the SW/4)
Weld County, Colorado
Containing 161.82 acres, ±
Three (3) years.
$161.82 annually during the primary term.
The Royalties to be paid by Lessee are: (a) on oil, one -eighth of that
produced and saved from said land, the same to be delivered at the wells,
or to the credit of Lessor into the pipe line to which the wells may be
connected; Lessee may from time to time purchase any royalty oil in its
possession, paying the market price therefor prevailing for the field where
produced on the date of purchase; (b) on gas, including casinghead gas
or other hydrocarbon substance, produced from said land and sold or
used off the premises or in the manufacture of gasoline or other products
therefrom, the market value at the well of one -eighth of the gas so sold or
used, provided that on gas sold at the wells the royalty shall be one -eighth
of the amount realized from such sale; on sulfur the royalty shall be fifty
cents (50C) per long ton.
If a well capable of producing gas in paying quantities is completed on the
above described land and is shut in, this lease shall continue in effect for a
period of one year from the date such well is shut in. Lessee or any
assignee may thereafter, in the manner provided herein for the payment
or tender of delay rentals, pay or tender to Lessor as royalty, on or
before one year from the date such well is shut in, the sum of $100.00
per well, and, if such payment or tender is made, this lease shall
continue in effect for a further period of one year. In like manner and
upon like payments or tenders annually, made on or before each
anniversary of the shut-in date of such well, this lease shall continue in
effect for successive periods of twelve (12) months each.
Entireties Clause: None.
'RH /tJA,L ,r,n,:..liid_tJT GF CARL CTON COILit.! ; ,1•,,; p.
Page B-4
I.•
Lesser Interest
Clause: Yes.
Pugh Clause: None.
Pooling Clause: Lessee, at its option, is hereby given the right and power to pool or
combine the land covered by this lease, or any portion thereof, as to oil
and gas, or either of them, with any other land lease or leases when in
Lessee's judgment it is necessary or advisable to do so in order to
properly develop and operate said premises, such pooling to be into a well
unit or units not exceeding forty (40) acres, plus an acreage tolerance of
ten percent (10%) of forty (40) acres, for oil, and not exceeding six
hundred and forty (640) acres, plus an acreage tolerance of ten percent
(10%) of six hundred and forty (640) acres, for gas, except that larger
units may be created to conform to any spacing or well unit pattern that
may be prescribed by governmental authorities having jurisdiction.
Lessee may pool or combine acreage covered by this lease, or any
portion thereof, as above provided, as to oil or gas in any one or more
strata, and units so formed need not conform in size or area with the unit
or units into which the lease is pooled or combined as to any other stratum
or strata, and oil units need not conform as to area with gas units. The
pooling in one or more instances shall not exhaust the rights of the Lessee
hereunder to pool this lease or portions thereof into other units, Lessee
shall execute in writing and place of record an instrument or instruments
identifying and describing the pooled acreage. The entire acreage so
pooled into a unit shall be treated for all purposes, except the payment of
royalties, as if it were included in this lease, and drilling or reworking
operations thereon or production of oil or gas therefrom, or the completion
thereon of a well as a shut-in gas well, shall be considered for all
purposes, except the payment of royalties, as if such operations were on
or such production were from or such completion were on the land
covered by this lease, whether or not the well or wells be located on the
premises covered by this Lease. In lieu of the royalties elsewhere herein
specified, Lessor shall receive from a unit so formed, only such portion of
the royalty stipulated herein as the amount of his acreage placed in the
unit or his royalty interest therein bears to the total acreage so pooled in
the particular unit involved. Should any unit as originally created
hereunder contain less than the maximum number of acres hereinabove
specified, then Lessee may at any time thereafter, whether before or after
production is obtained on the unit, enlarge such unit by adding additional
acreage thereto, but the enlarged unit shall in no event exceed the
acreage content hereinabove specified. In the event an existing unit is so
enlarged, Lessee shall execute and place of record a supplemental
declaration of unitization identifying and describing the land added to the
existing unit; provided, that if such supplemental declaration of unitization
is not filed until after production is obtained on the unit as originally
created, then and in such event the supplemental declaration of unitization
shall not become effective until the first day of the calendar month next
following the filing thereof. In the absence of production lessee may
terminate any unitized area by filing of record notice of termination.
C ); /C,IN4L p0OL/i4ENT OF GARLETON GO TL1N L-1 PC
Page B-5
Unitization Clause:
Special Provisions:
Lessee also shall have the right to unitize, pool, or combine all or any part
of the above described lands with other lands in the same general area by
entering into a cooperative or unit plan of development or operation
approved by any governmental authority and, from time to time, with like
approval, to modify , change or terminate any such plan or agreement
and, in such event, the terms, conditions, and provisions of this lease shall
be deemed modified to conform to the terms, conditions, and provisions of
such approved cooperative or unit plan of development or operation and,
particularly, all drilling and development requirements of this lease,
express or implied, shall be satisfied by compliance with the drilling and
development requirements of such plan or agreement, and this lease shall
not terminate or expire during the life of such plan or agreement. In the
event that said above described lands or any part thereof, shall hereafter
be operated under any such cooperative or unit plan of development or
operation whereby the production therefrom is allocated to different
portions of the land covered by said plan, then the production allocated to
any particular tract of land shall, for the purpose of computing the royalties
to be paid hereunder to Lessor, be regarded as having been produced
from the particular tract of land to which it is allocated and not to any other
tract of land and the royalty payments to be made hereunder to Lessor
shall be based upon production only as so allocated. Lessor shall formally
express Lessor's consent to any cooperative or unit plan of development
or operation adopted by Lessee and approved by any governmental
agency by executing the same upon request of Lessee.
12. Not withstanding in a provision of this lease to the contrary, no
operations shall be conducted on the above described land without the
written consent of the lessor.
13. Upon the termination of this lease in whole or in part by election or
by failure to make payments as aforesaid, Lessee or its assigns shall
within thirty (30) days release by written instrument the land or portion
thereof which said lease terminates, and said notice shall also be sent
to Lessor giving the book and page number of said lease.
^/t "p7[ C':n !n;((in,;EN r iIrl/i= rlrli [, ILl. IAM:
Page B-6
B. Assignments of the Subject Oil and Gas Leases
1. Document: Assignment of Wellbore Royalty
Date: 11-17-2009
Recording Info: Reception No. 3663972
Date Recorded: 12-8-2009
Assignor Weld County School District 6
Assignee: City of Evans
Provisions: Noble Energy Co. has proposed drilling five (5) oil and gas wells
which will be part of a pooling agreement and one or more of
which wells could be located on either Weld County School
L DOCa .,_`Ji CI C4 LET 1JGO TUN L'VV. FC
Page B-12
District 6's Property or the City of Evans' Property. The parties
agree as follows: (1) All of the oil and Gas Wells shall be located
on the city of Evans' Property; (2) In exchange for locating the Oil
and Gas Wells on the City of Evans' Property, the parties agree
that the City of Evans shall be entitled to receive all of Weld
County School District 6's royalty interest in the fifth well (identified
as J28 -19D), which well shall be defined as the most Eastern well
on the City of Evans Property; and (3) this Agreement shall affect
in no manner whatsoever Weld County School District 6's royalty
interests in the remaining wells to be drilled on the City of Evans
Property. Weld County School District 6 is the owner of that
certain parcel of real property that is part of the NW/4 of Section
28, T5N, R66W, excluding the Ashton School Tract and more
particularly described as a metes and bounds description. The
city of Evans is the owner of that certain parcel of real property
described as part of the NW/4 of Section 28, T5N, R66W, and
more particularly described as a metes and bounds description.
4. Document Affidavit of Oil and Gas Leasehold Interests
Date: 12-27-2010
Recording Info: Reception No.3744785
Date Recorded: 1-13-2011
Affiants: Taku Resources LLC, Barry L. Snyder, Dan L. Schwartz and
Stephen J. Sullivan
Provisions: This Affidavit confirms the interests acquired by the Alarado Group
pursuant to the following assignments: (1) Assignment and
Conveyance with Exception of Existing Wellbores and
reservation of Overriding Royalty Interest dated 7-1-1993 at
Reception Nos. 2353081, 2353080, 1343886, 1343887; and (2)
Assignment and Bill of Sale dated 11-1-1993 at Reception Nos.
2357508 and 2357509. Barry L. Snyder and Taku Resources LLC
are the successors -in -interest to the Alarado Group, owning not
just wellbore interests in the existing wells but also leasehold
interests in the 160 -acre tract on which each existing well is
located as to the J -Sand, and in the 40 -acre tract on which each
existing well is located as to all formations except the J -Sand. No
specific lands described.
Hello