HomeMy WebLinkAbout20112213.tiff RESOLUTION
RE: RATIFICATION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY, COLORADO, AND AUTHORIZE CHAIR TO SIGN -
SE1/4, S10, T7N, R64W
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, Weld County, Colorado, is the owner of vast acres of mineral lands located
in Weld County, Colorado, and
WHEREAS, the Board has been presented with a Ratification of Oil and Gas Lease
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Noble Energy WyCo, LLC, with further terms and
conditions being as stated in said ratification, and
WHEREAS, after review, the Board deems it advisable to approve said ratification, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Ratification of Oil and Gas Lease between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, and
Noble Energy WyCo, LLC, be, and hereby is, approved.
I b� �}c 2 1.Oi t -6 2011-2213
� �' � e LE0118
RATIFICATION OF OIL AND GAS LEASE - SE1/4, S10, T7N, R64W
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of August, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: z . a � 4/ l iAl
Barbara Kirkmeyer, Chair
Weld County Clerk to the Jt.\A Eta
•
��� �► can P. C ay, Pro-Tern (�
BY: -. . - n-t 1861 �`t:: .
Deputy CI rk to the B.'�d `_
®� ilb Ilia F. Gar
APPRS 'I AS TO rr .. '��
avid E. Long
ou• Attorney
Douglas ademache
Date of signature: °'K'//
2011-2213
LE0118
0
RATIFICATION OF OIL AND GAS LEASE
WHEREAS, heretofore, effective April 9, 2008, Weld County, Colorado, a political subdivision
of the State of Colorado, acting by and through the Board of County Commissioners of the County of
Weld, for its respective interests, c/o Board of County Commissioners, as Lessor, did execute and deliver
to Petro-Canada Resources (USA) Inc., as Lessee, an oil, gas, (and mineral) lease which was recorded at
Reception No. 3550765 and re-recorded at Reception No. 3581845 of the records of Weld County,
Colorado(the"Lease"),and described as follows:
Township 7 North,Range 64 West, 6th P.M.
Section 10: SE/4
WHEREAS, the Lease and all rights and privileges thereunder are now owned and held by Noble
Energy WyCo, LLC.; and
WHEREAS, it is the desire of the undersigned to adopt, ratify and confirm the Lease, and to
grant, lease and let said lands in accordance with the terms and provisions hereof.
NOW THEREFORE, in consideration of the premises and the mutual benefits obtained by the
undersigned and Noble Energy WyCo, LLC., the Board of County Commissioners, the undersigned, do
hereby adopt, ratify and confirm the Lease, and let to said Noble Energy WyCo, LLC., any and all
interest which,the undersigned, do have or may hereafter acquire in and to said lands, in accordance with
each and all of the terms and provisions of the Lease, and as fully and completely as if the undersigned
had originally executed, acknowledged, and delivered the Lease as one of the Lessors therein, either on
the date thereof, or on the date hereof, and the undersigned declares that the Lease and all of its terms
and provisions are binding on the undersigned and is a valid and subsisting oil, gas, and mineral lease.
Noble Energy WyCo, LLC., shall have all of the rights, privileges, and options as to the interest in said
lands owned by the undersigned as are conferred by the provisions of the Lease.
This agreement shall extend to and be binding upon the heirs, executors, administrators,
successors, and assigns of each of the undersigned.
rJ /
WITNESS OUR HANDS THIS/0 UNE,DAY OF 2011.
LAS ie-fit±( 1.•--
B r of County Co ssioners /
Weld County,Colorado AUG 15 2011
STATE OF COLORADO )
Acknowledgement
COUNTY OF WELD )
Zr
nix me the undersigned, a Notary Public, in and for said County and State, on this /S
day o� 2011, personally appeared the Board of County Commissioners, Weld County, Colorado,to
me known to be the identical person who executed the within and foregoing instrument and
acknowledged to me that she executed the same as her free and voluntary act and deed for the uses and
purposes therein set forth.
Given under my hand and seal the day and year last above written.
SEAL 4r 4.• O,g e...*.e
,4h - L,
0/ OTA4. \ ii
ft�0 Notary Public
My commission expires: c ! O'' Address: //52 -,,SfiLL( r
iIt 4pti...........-"eti VAZYgPt (I(' 'Jr'e'J7
MY COMMISSION MKS:041 Q-P01?
IM OD 111111 IIIII 111111 1111111111111111111111N III 11111 fl[ N 2011-2213
3786373 08/16/2011 01:07P Weld Coun CO
1 of 1 R 0.00 ft 0.00 Steve Moreno Clertyk& Recorder
LE0N%
1625 BroadwaySuite 2200
y� noble
Suite2200 , energy
Denver,CO 80202
Tel:303.228.4127 _
Fax:303.228.4282 - - _ "
kclaussen@
nobleenergyinc.com
June 1, 2011 € !:13 - I A II: 55
Kit L.Claussen
Land Negotiator
Wattenberg Land
Weld County Colorado: Board of County Commissioners Li
Attention: Minerals Division
PO Box 758
Greeley, CO 80632
Th! - 6011 '
RE: Oil and Gas Lease
Township 7 North, Range 64 West
Section 10: SE/4 6l
160 Acres
Weld County, Colorado
Dear Board,
The captioned lands are subject to that certain Oil and Gas Lease, dated
April 9, 2008, by and between the Board of County Commissioners of the
County of Weld, as Lessor, and Petro-Canada Resources (USA), Inc., as
Lessee, recorded at Reception No. 3550765 and re-recorded at Reception
No. 3581845 of the Weld County Clerk and Recorders records. ("Lease")
The Lease is now owned by Noble Energy, WyCo, LLC, a subsidiary of Noble
Energy, Inc. as successor to Petro-Canada Resources (USA), Inc.
An acquired Drilling and Division Order Title Opinion, dated January 31,
2011, requests in requirement #14 to ratify the Lease due to the fact that
the original lease did not contain an expiration date. Although the re-
recorded lease does, the insertion of that date was not acknowledged by
the Lessor.
Therefore, enclosed please find a Ratification of the Lease, submitted in
duplicate. As well as, copies of pertinent pages of the title opinion and
filings. Please execute the Ratification and enclose one(1) original for our
records in the return prepaid mailing envelope.
Thank you and should you have any questions, please feel free to contact
me via e-mail or direct line listed above.
Sincerely,
NOBLE ENERGY, INC.
j
Kira L. Claussen
Wattenberg Land
KM/
tk& o243S1A 000
STEVEN S. TOEPPICH & ASSOCIATES, PLLC
ATTORNEYS AND COUNSELORS
2777 ALLEN PARKWAY•SUITE 000
HOUSTON.TEXAS 77019
(713)874-2401
(713)528-0877 FACSIMILE
GRANT D.GREEN
DIRECT DIAL: (713)737-0232 WWW TOEPPI CHI AW COM Copy
DIRECT
licensed In Taus
EMAIL:por.enet0nviWaw open
January 31, 2011
DRILLING AND DIVISION ORDER TITLE OPINION
Noble Energy, Inc. "This Opinion/Update is furnished as an accommodation only
1625 Broadway, Ste. 2200 It has been rendered for the sole and exclusive use of Noble
Denver, Colorado 80202 Energy,Inc.or its predecessors and neither Noble nor its Tale
Opinion/Update attorney preparer assumes any responsibility
or liability to any third party for the correctness of statement,
Attention: Ms. Carol Meyer comment or content hereof."
Land Negotiator
State: Colorado
County: Weld
Well: Cummins Field Unit
Property: The South Half (S/2) of Section 2,
the South Half(S/2) of Section 3, all
of Section 10, and the North Half
(N/2) and Southwest Quarter (SW/4)
of Section 11, Township 7 North,
Range 64 West, 6th P.M., Weld
County, Colorado.
Re: Title to 1760 acres of land, more or less, being comprised of the South Half(S/2) of
• Section 2, the South Half(S/2) of Section 3, all of Section 10, and the North Half(N/2)
and Southwest Quarter (SW/4) of Section 11, Township 7 North, Range 64 West, 6th
P.M.,Weld County,Colorado,being comprised of the following tracts of land:
Tract 2A: 40 acres of land, more or less, being all of the Northwest Quarter
of the Southwest Quarter (NW/4 SW/4) of Section 2, Township 7
North,Range 64 West, 6th P.M.,Weld County, Colorado;
NEI:00000037
Noble Energy, Inc.
January 31,2011
Page 89 of 99
14.
(Tract 10M—Tract l0P)
SL10-21 was filed for record as Reception No. 3550765, Official Public Records.
However, such Lease did not provide for a termination date, thus violating the rule against
perpetuities. SL10-21 was subsequently re-filed as Reception No. 3581845, Official Public
Records. The re-filed Lease appears to be a photocopy of SL10-21, obtained from the Offices of
the Clerk and Recorder of Weld County, with a termination date typed into the appropriate blank
area. The re-filed Lease does not appear to have been amended or executed by a representative
of Weld County, Colorado, evidenced by the lack of a new signature and/or acknowledgement of
such signature. Accordingly, a court of competent jurisdiction, if faced with this issue, may find
that SLI0-21 is either(i) void or(ii)ineffective against third parties,per the recording statutes of
the State of Colorado.
ADDITIONAL REOUIREMENT 14:
Obtain, file for record in Weld County, Colorado and submit for examination a
ratification of the SECOND FILING of SLIO-21 executed by the appropriate
representative of Weld County, Colorado. Further requirements and/or a revision of the
Ownership Section above may be necessary pending an examination of the materials
submitted in connection with this Additional Requirement.
15.
(Tract 2A—Tract 2D)
(a)
In accordance with Prior Opinion 2-1, we have credited the EXECUTIVE rights covering
the interest in the Oil and Gas Estate in Tract 2A — Tract 21) owned by "The Heirs of Gus
Anderson, Deceased" to McKay Farms, a Colorado general partnership. The Title Materials do
not include evidence regarding the disposition of the Estate of Gus Anderson,deceased.
(b)
As referenced in Prior Opinion 2-1, numerous individuals, presumably some or all of the
heirs of Gus Anderson, deceased, (collectively,the "Possible Anderson Heirs")have executed oil
NEI.OO(HN037
i;, �a�iflerta� 11uireptu'j # 14.
1�
Oil and Gas Lease
Page 1
WELD COUNTY OIL AND GAS LEASE
Containing 160.00 acres, more or less:
Containing 160.00 net mineral acres, more or less:
THIS LEASE AGREEMENT, dated this GSM day of r.‘ 20 Octmade and
entered into by and between WELD COUNTY,COLORADO,a political s bdivision of the STATE OF COLORADO,
acting by and through the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD,for its respective
interests,c/o BOARD OF COUNTY COMMISSIONERS,915 10TH STREET,P.O.BOX 758,GREELEY,CO 80632,
hereinafter called Lessor, and:
Petro-Canada Resources(USA) Inc., 999 18'"Street, Suite 600
Denver, Colorado 80202-2499
hereinafter called Lessee:
WITNESSETH
WHEREAS,said Lessee has applied to Lessor for an oil and gas lease covering the land herein described,and has
paid a filing fee in the amount of$10.00,plus a bonus consideration of$-1.014.30-per mineral acre,fixed by Lessor
as an additional consideration for the granting of this lease,and Lessee agrees to pay an annual rental of
$ 160.00 . , computed at the rate of$ 1.00 , per mineral acre or fraction thereof per year,and the following
consideration:
One Hundred Sixty Two Thousand Two Hundred Eighty Eight Dollars and No/00 ($162,288.00)
WHEREAS,all the requirements relative to said application have been duly complied with and said application
has been approved and allowed by Lessor;
THEREFORE,in consideration of the agreements herein,on the part of Lessee to be paid,kept and performed,
Lessor does lease exclusively to Lessee for the sole and only purpose of drilling for,devebpmentof and production
of oil and gas,or either of them,thereon and therefrom with the right to own all oil and gas so produced and saved
therefrom and not reserved as royalty by Lessor under the terms of this lease,together with rights-of-way,easements
and servitudes for pipelines, telephone and telegraph lines, tanks and fixtures for producing and caring for such
product, and housing and boarding employees,and any and all rights and privileges necessary for the exploration
and operation of said land for oil and gas, the following described land situated in the County of Weld, State of
Colorado, and more particularly described as follows:
mew
DESCRIPTION OF LAND SECTION TOWNSHIP RANGE
a
SE1/4 10 7N 64W MIN
TO HAVE AND TO HOLD said land,and all the rights and privileges granted hereunder to Lessee until the hour
of twelve o'clock noon on the day of , 20 as primary term, and so long — 'o
thereafter as oil and gas, or either of them, is produced in paying quantities from said land or Lessee is diligently `r'
engaged in bona fide drilling or reworking operations on said land,subject to the terms and conditions herein. Drilling �3
or reworking operations shall be deemed to be diligently performed if there is no delay or cessation thereof for a
greater period than sixty consecutive days unless an extension in writing is granted by lessor; provided that such �o
drilling or reworking operations are commenced during said primary term or any extension thereof or while this lease rim
is in force by reason of production of oil and gas or either of them,or that such reworking is commenced within sixty —,-
days upon cessation of production for the purpose of re-establishing the same, and provided further that such
production is commenced during such primary term or any extension thereof, or while thls lease is in force by reason —§
of such drilling or reworking operations or other production- Ira
elm
EXPLORATION-Lessor reserves the right to conduct exploration on the leased land provided such exploration g'
does not interfere with rights granted herein. eye;
LED/l gg•
1O
Oil and as Lease
Page 1
WELD COUNTY OIL AND GAS LEASE
Containing 160.00 acres, more or less:
Containing 160.00 net mineral acres, more
p less:
THIS LEASE AGREEMENT, dated this "l rt day of \c .,, 20 Oct made and
entered into by and between WELD COUNTY,COLORADO,a political s bdivision of the STATE OF COLORADO,
acting by and through the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD,for its respective
interests,do BOARD OF COUNTY COMMISSIONERS,915 10TH STREET,P.O. BOX 758,GREELEY,CO 80632,
hereinafter called Lessor, and:
Petro-Canada Resources(USA)Inc., 999 18t Street, Suite 600
— I
Denver, Colorado 80202-2499 i= l
hereinafter called Lessee: —
WITNESSETH CI
c-2.
a.6d
WHEREAS,said Lessee has applied to Lessor for an oil and gas lease covering the land herein described,and has — e
paid a filing fee in the amount of$10.00,plus a bonus consideration of$-1.014.30-per mineral acre,fixed by Lessor 3
as an additional consideration for the granting of this lease, and Lessee agrees to pay an annual rental of arm
$ 160.00 . , computed at the rate of$ 1.00 , per mineral acre or fraction thereof per year,and the following —3
consideration:
One Hundred Sixty Two Thousand Two Hundred Eighty Eight Dollars and No/00 ($162,288.00) NM,�-5
- e
� c
WHEREAS,all the requirements relative to said application have been duly complied with and said application o e
has been approved and allowed by Lessor; -N c
THEREFORE, in consideration of the agreements herein,on the part of Lessee to be paid,kept and performed, o c
Lessor does lease exclusively to Lessee for the sole and only purpose of drilling for,development of and production —I-a
of oil and gas, or either of them,thereon and therefrom with the right to own all oil and gas so produced and saved _'.r a
therefrom and not reserved as royalty by Lessor under the terms of this lease,together with rights-of-way,easements —
and servitudes for pipelines, telephone and telegraph lines, tanks and fixtures for producing and caring for such mm
product, and housing and boarding employees, and any and all rights and privileges necessary for the exploration
and operation of said land for oil and gas, the following described land situated in the County of Weld, State of
Colorado, and more particularly described as follows:
son
mfm
DESCRIPTION OF LAND SECTION TOWNSHIP RANGE
pia
SE1/4 10 7N 64W jail CIc
TO HAVE AND TO HOLD said land,and all the rights and privileges granted hereunder to Lessee until the hour
of twelve o'clock noon on the 9th day of April , 20 11 as primary term, and so long — o c
thereafter as oil and gas, or either of them, is produced in paying quantities from said land or Lessee is diligently "
engaged in bona fide drilling or reworking operations on said land,subject to the terms and conditions herein. Drilling T
or reworking operations shall be deemed to be diligently performed if there is no delay or cessation thereof for a
greater period than sixty consecutive days unless an extension in writing is granted by lessor; provided that such a..
drilling or reworking operations are commenced during said primary term or any extension thereof or while this lease C N
is in force by reason of production of oil and gas or either of them, or that such reworking is commenced within sixty -math.
days upon cessation of production for the purpose of re-establishing the same, and provided further that such - e
production is commenced during such primary term or any extension thereof,or while this lease is in force by reason =
of such drilling or reworking operations or other production.
EXPLORATION-Lessor reserves the right to conduct exploration on the leased land provided such exploration =ao°
does not interfere with rights granted herein. LE D//Q maws
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