HomeMy WebLinkAbout20023308.tiff 544 11111111111111111111111 III 1111111111111 III 111111III
2967644 07/09/2002 02:09P Weld County,CO
1 of 2 R 10.00 D 0.00 J.A."Sukl"Teukamoto --— �—
SPECIAL WARRANTY DEED
THIS DEED,dated „_Nur-`t e�1 2,0 OZ.
between Hopper Family Trust, dated April 25, 2001
of the •County of Weld and State of
Colorado ,grantor(s)and County of Weld, A Body
Corporate and Politic of The
State of Colorado
whose legal address is P.O. Box 758
Greeley, Colorado 80632
oftbe Countyof Weld andStateof Colorado .grantee(s):
WITNESS,that the grantor(s),for and in consideration of the sum of $1880.00
One Thousand Eight Hundred and Eighty and no/100th DOLLARS,
the receipt and sufficiency of which is hereby acknowledged,have granted,bargained,sold and conveyed,and by these presents
does grant,bargain,sell,convey and confirm unto the grantee(s), their heirs and assigns forever,all the real property,
together with improvements,if any,situate,lying and being in the County of Weld
and State of Colorado,described as follows:
See Attached Exhibit "A" Dated June 15, 2001
Project Number: NH IR(CX) 025-3(109) Unit 5
Parcel Number: 536A
Project Code: 91032
1
also known by street and number as:
assessor's schedule or parcel number:
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging,or in anywise appertaining,the reversion
and reversions,remainder and remainders,rents,issues and profits thereof,and all the estate,right,title,interest,claim and demand
whatsoever of the grantor(s),either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantee(s),
Their heirs and assigns forever.The grantor(s),for Them selves , Their heirs,personal representatives,
successors and assigns.does covenant and agree that They shall and will WARRANT AND FOREVER DEFEND the
above bargained premises in the quiet and peaceable possession of the grantee(s), Their heirs and assigns,against all and every
person or persons claiming the whole or any part thereof,by,through or under the grantor(s).
IN WITNESS WHEREOF,the grantor(s)have executed this deed on the date set forth above.
Marvin D. Hopper, stee of the Sharon K. Hopper, T stee of the
Hopper Family Trust Hopper Family Trust
ee' STATE OF COLORADO
es ) ountyo
ss.• f
The fo(agoing iR'strrirment was acknowledged before me this Z. � day of—SvANe - ?•.5)(5.2-•
'tit y h and olFi seal. _�
'ssi n fires: -3
'If in Denver,insert"City and". Notary Public f
Name and Addax of C,ea• Created Lead Dereipaoo(8 35-35-me.s,CRS3 , (��C.O a x-111
No.16.Rev.4.94. SPECIAL WARRANTY DEED
Bradford Publishing,1743 Ware It,Denver.CO 80202—(303)292.2500-7-98 a o 0 ._3 g
002 02'09A w-la "
Page 1 of 1 1111111 114 Ii)n1111llillh utlllllIII 111111111f
NH-IRCX 025-3(109)Unit 5 2 of 2 R 10.00 . J.A. "SUkI" Ou,ny,Touka COD 000
to
Parcel Number:536A
EXHIBIT "A"
PROJECT NUMBER:NH-IRCX 025-3(109)Unit 5
PARCEL NUMBER: 536A
PROJECT CODE: 91032
DATE: 12/3/2001
LEGAL DESCRIPTION
A tract or parcel of land No. 536A of the Department of Transportation, State of Colorado,
Project No. NH-IRCX 025-3(109) Unit 5 containing 2,506 square feet (0.058 acres), more or
less, in Lot B Recorded Exemption No. 1313-15-1-RE-426 recorded in Book 885, at reception
no. 1807124 public records of Weld County, Colorado, said parcel also being in the SE 1/4 of
Section 15, Township 2 North, Range 68 West, of the Sixth Principal Meridian, in Weld
County, Colorado, said tract or parcel of land being more particularly described as follows:
Commencing at the East / corner of said Section; Thence 500°24'14"E along the East line of
said Section, a distance of 78.59 feet; Thence S89°35'46"W at a right angle to the last course, a
distance of 471.47 feet to the TRUE POINT OF BEGINNING;
1. Thence N63°43'00"W, a distance of 112.00 feet to the South right of way of Weld County
Road 20 'A(April,2001);
2. Thence N89°46'03"E along said South right of way, a distance of 100.22 feet;
3. Thence S00°13'28"E,a distance of 50.00 feet to the TRUE POINT OF BEGINNING.
The above described easement contains 2,506 square feet(0.058 acres),more or less.
All bearings are based on a line between the east quarter corner and the northeast corner of
Section 22, Township 2 North, Range 68 West, of the 61h Principal Meridian. The line bears
N00°07'51"W a distance of 2654.80 feet. The monuments are a 2" aluminum cap stamped A.
M.Hascall PLS 23500 dated 1995 for the east quarter corner,and a 3 'A"aluminum cap stamped
Greenehorne and O'Mara PLS 28656 dated 1994 for the northeast corner. Both monuments are
stamped appropriately for their position and are set in range boxes.
e� not
*1 ER ;)n
-Ali: 53
For and on behalf '1':*: %t
Stan Vermilyea,P.Ls/ %Iw
8181 East Tufts Avenue,Denver CO 80237
"13 BOOK •
�. a 65 Racal and af. e. +�f f
,. N, V�\# ' �_ o'clock „..M..`1 t ! ! lk l! .
•
Protlurctstig(Sf7)s c+-Cobtado OIL, GAS AND MI=I re rLj 14g _. Ann Spamar, Recorder lVF I�iil/�ir
T1IIS At;REENIF:`l' wade this 22nd ,i.iy cif $e?tembe; . .. ... . . . ... , le 71, between a.
ar
I . . .... . warren j. Kelley and wife, y rona Y,. .Kelley .
2350 Linden Avenue, Boulder,
a_ .?Ql4rtlo • .
. .
.. .. ............ .
. i . i
. . ..
,
'ea Lessor(whether one or more), and AMOCO production corlpelrly
Lebec.WITNESSETH: e
CO I. Lessor In consideration of — - Ten and }.ore - - Dollar's
.7 ie. 10.00 1. in hand paid. of the royalties herein provided. and of the agreement of Lessee herein contained.hereby grants, leases and lets
—4 exclusively unto Lesser for the purpose. of Invesirgating. exploring. prospecting,drilling and mining for and producing oil.gee.other hyytlracarboess and,
E- without restriction to etch eo,un;erated minerals, ail other minerals whether similar or dissimilar to those particularly specified herein—laying pipd lines.
ia.. betiding tanks. power stations. telephone lines and other stniclures thereon to produce, save,take care of, treat. transport and own saki product. and
(f\ housing its employees, the fallen:ng described land in Weld . County.Colorado.to-wit:
r—f i
UI
eel
N I
CD
North Half of the southeast quarter (N/2 SE/4) .
re
ea
Range ....
a of Section 1 Township 2 North 6$. were i., 6th pie ..
In addition to the land those described. Lessor hereby grants, leases and lets exclusively unto Lessee to the same extent as •'f specifically
eta described herein all lands owned or cla:nicd by Lessor which are adjacent, contiguous to or form a part of the lands above particularly described. in-
r-.; eluding all one,gas.other hythucarbens and all other minerals underlying hikes, rivers, streams, roads. easements and r ts-of•way which traverse or
-I adjoin any of said lands.For rental ra men(purposes,the laud included within this lease shall be deemed to contain Q. . • • acres.
se-" whether Ii actually comprises more or less.
Le
CD i Subject to the other provtslons herein contained,this tease shall be for is term of laears from this date (called"priniety term")and as long
thereafter as oil, gas.other hydrocarbons, or outer mineral is produced from raid land hereunder. or drilling or reworking operations arc conducted
thereon,
3. The royalties tc ee paid by Lessee are: tar on oil. one-elgtsth of that produced and saved from said land, the same to be delivered at the
wells.or to the credit of Lemur Into the pipe line to which the wells may be connected; Lessee may from time to time purchase any royalty nil ii. its
possession,paying Inc market price therefor prevailing for the field whereproduced on the dale of purchase; Ill 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 wall of one-eighth of the gas so sold or used,provided that nn gas sold at the wells the royalty shall be one-eighth of the amount
realized from r•uch sale; fel on ell other minerals mined and marketed.ore-tenth either in kind or valise at the well or mine.at Lessee's election,except
that on sulfur the royalty shall be fifty cents t50ei per long ton.Lessee shall have free use of oil. gas. coal, wood and water from said land, except
water front Lessor's wells. for ail operations hereunder. and the royalty on oil and gas shall be computed after deducting any so used.If a well capable
of prcduciir, gas in paying quantities is completed on the above described laud 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 front the date such well is shut in.the sum of;(00.00 par welt,and,if such payment or
tender is state. this lease shall continue:n 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-io date of such well. this lease shall continue in effect for successive periods of twelve 1121 months each.
4. It operations for drilling are or.:commenced on said land as hereinafter provided,On Of before one year from this date,the lease shall then
terminate as to both parties,unless on er before such anniversary date Lessee shall pay or tender to Lessor or to the credit of Lessor in .... .....
. .Boulder Natioaetl Bank of Boulder,. Colorado. ... ..(which bank and its successors art Lessor's agent
and shall continue as the depository for it rentals payable hereunder regardless of changes in ownership of said land or the rentals either by conveyance
or by the death or incapacity of Lessors the aunt of aghty..arid..N0/100- -...".. - ',- - - - - - - - - - Dollars
(;. 00
.. I. (herein calls:' rental), which shall cover the privilege of deferring commencement of operations for drilling for a period of
twelve 1121 months. In like manner and upon like payments or lenders annually the commencement of operations for drilling may be further deferred
for successive periods of twelve 112) months each during the primary term.The payment or tender of rentnl herein referred to may be made in currency.
draft or check at the option of Use Lessee and the depositing of such currency,drift or check in any post office,properly addressed to the Lessor,or said
bank.on or before the rental paying date.shalt be deemed payment as herein provided. If such bank (or any successor bank) should fail,liquidate or be
succeeded by amesh?of bank or for any reason fail or refuse to accept rental.Lessee shall not be held in default for failure to make such payment or tender
of rental tuned 9Vrzy,INN days after Lesser shell deliver to Lessee a proper recordable instrument.
itrument. naming.another bank as agent to receive such pay-
ments or Sandell.The Bowls cash payment is consideration for this tense at:cording to its terms and shall not be allocated as mere rental for a period.
Lessee inap•lit any time execute and deliver to Lessor r.r to the depository 'stove named or place of record a release or releases coveting any portion or
portions,of t�hheef����ppyy d:scribed premises and thereby surrender this lease as to such. portion or portions and be relieved of all obligations as to the
acreage surrks t'ldale •thereafter the rentals payable hereunder shall be reduced in the proportion that the acreage covered hereby is reduced by said
release or re ases.
If Lelia-telf,on or before any rental dare, make a bona fide attempt to pay or deposit rental to a Lessor entitled thereto under this lease
according tol.essee's records or to a Lessor who,prior to such attempted pnyment or deposit, has given Lessee notice,in accordance with the terms of
this Irate helplr}utlplpj•t►,fortb.of his right to receive rental. and if such payment or deposit shall be erroneous in any regard (whether deposited in the
wrong depnsitoM liar i fFiepersona other than the parties entitled thereto as shown by Lessee's records, in :,n incorrect amount, or otherwise). Lessee
shall be unconditional y obligated to pay to such Lessor the rental properly payable for the rental period involved,but this lease shall be maintained in
the same manner as if pleb errrneous rental payment or deposit had been properly made, provided that the erroneous rental payment or deposit be car-
reeled within ZU day*'u r.receipt by Lessee of written notice from such Lessor of such error accompanied by any docwnents and other evidence neces-
sary to enable Lange \make proper payment.
5. Should any well drilled on the above described land during the primary term before production is obtained be a dry hole,or should production
be obtained during-the primary term and tnereafter cease, then and in either evenL if operations for drilling an additional well are•not commenced or
operations for reworking an old well are not pursued on said land on or before the first rental paying date next succeeding the cessation of production
or drilling or reworking on said well or wells. then this lease shall terminate latices Lessee,on or before said date, shall resume the payment of rentals.
Upon resumption of the payment of rentals,Section 4 governing the payment of rentals,shall cont'-'e in force just as though there 5iad been no inter-
ruption in the rental payments. If during the last year of the primary term and prior to the discovery of oil, gas,or other hydrocarbons on said hand
Lessee should drill a dry hole thereeon,or it after discovery of oil, gas. or otter hydrocarbons before or during the last year of the primary term the
production thereof should cease(luring the last year of said term from any cause,no rental payment or operations are necessary in order to keep the
lease in force during the remainder of the primary term. If, at the expiration of the primary term. Lessee is conducting operations for drilling a new
well or reworking an old well. teas lease nevertheless shall continue in force as long as sure drifting or reworking operations continue,or if, atter the
expiration of the primary term,production on this lease shall cease. this lease nevertheless shall continue in force if drilling or reworking operations
are commenced within sixty (601 days after such cessation of production: it production is restored or additional production is discovery! as a result of
any such drilling or reworking operations,conducted-without cessation of mare than sixty (00) days. this lease shall continue as long thereafter as oil
gas.other hydrocarbons or other mineral is produced sod as long as additional drilling or reworking operations are had without cessation of such drill-
ing or reworking operations for mere than suit) 460) consecutive days.
6. Lessee,at its option,is 1.ereby 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 sand,lease or ieases 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 trait or units not exceeding forty (40) acres,plus an acreage tolerance of ten per cent
ilea)of forty (40) acres.for oil,and not exceeding six hundred and forty (6401 acres,plus an acreage tolerance of ten per amt 17tH,;) of six hundred
and forty (64in:,:res.far gas,except that larger units may be crested to conform to any spacing or well unit pattern that may be prescribed by govern-
mental 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 mote 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 snail 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 instru-
ments 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 puipases. except the payment of royalties,as if suck 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 royally interest therein bears to We total acreage so pooled in the particular twit 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 be-
fore 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 declara-
tion 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 nest following the filing thereof. In the absence of production Lessee may terminate any
unitized area by filing of record notice of termination.
7.Lessee also shall have the tight 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 terns•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. par-
ticularly, ail 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 wider 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 raid hereunder to Lessor. he 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 terser shall be based upon production
only as so allocated.Lessor shall formally express Lessor's consent to auy 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,
8.Lessee shall have the right at any time without Lessor's consent to surrender all or `.ny portion of the leased premises and be relieved of
ail obligation a;: to the acreage surrendered. Lessee shall have the right at any time during.a after the expiration of this lease to remove all property
and fixtures placed by Lessee on said land. including the right to draw and remove all easing. When required by Lessor. Lessee will bury ail pine
lines below ord,nary plow depth, and no well shall be drilled within two hundred 1200, feet of any residence or barn now on said land without
Lessor's consent.The Lessee agrees in promptly pay so the owner thereof any damages to crops. or improvements, caused by,or resulting.from any
operations of Lessee. +
i
C�a, -;7 : •
a
•
�, fi
Af-1
Al-: f ..
dk�og
_• 1b 77148
a
I. ed Whet putty hereunder may be assiatted. In whole or in part.and the provisions hereof shall extend to t�holm,auca»ore all ..--
:..:•,-.7.,
assigns of M. nit no change or division in ownership of the land.rentals.or royalties,however accoinpilehed.shat operate to enlarge the
•
obligations e tuba et Lustre.No change in the ownership of th,land.or any interest therein,shill be binding on Lessee until Lessee shall �
be turnis ed da�e rid all recorded instruments.all court proceedings and all other necessary evidence of any transfer. Inheritance,or sale
of said righ In avant th.esaianymeat of this lease as to a segregated•portion of said land.the rentals peyeblo hereunder shall be apportionable among
the several leasehold owners ratab according to the surface area of eac , and default in nonfat payment by one shall not affect the rtf'sts of other lease-
hold owners hereunder.In case Lessee asalgus this lease.In whole or in part. Lessee shall be trileved of all obligations with respect to the assigned our.
tion or portions arising aubeoauent to the date of autgttnrant. •
I0. Allonyms;or Implied covenants of this lease shall be subject to all Federal and State Lave. Executive Orders. Rules or Regulations. and this
lease shall net be terminrl .In whole or In part,nor Lowe*held liable in damages,for failure to comply therewith. if compliance is prevented by.or if ' ;
such tenure is the iesult of, wry such Law,Order,Rule or Regulation or if prevented by an act of God.of the public enemy. labor disputes, insolltty tc
obtain .material, failure 45 transportation, or other cause beyond the control of Lessee. 4._ '
11.during the term of this lease,oil or gel or other hydrocarbons or ether mineral is diecovered upon the leased premises,but Lessee It,prevented
from producing the same by reason of any of the causes set out in th,s Section,this leave shall nevertheless be considered as producing and shalt continue
In hill force and effect until Lessee is permitted to produce the oil.g,ts,other hydrocarbons, or other mineral and as long thereafter es such production
continues in paying quantities or drilling or reworking operations are continued as elsewhere herein provided.
11. Lessor hereoy warrants and agrees to defend the titre to said land and agreeo that Lessee at Its option may discharge any tax. mortgage or rt
othper lien upon said land,either in whole or in part.and in event tersee does so, it shall be subrogated toohsuch lien with the right t to enforce sante and
atitle,It ly is a agreed that royalties
iLeanr accruing
hereunder Interest In
In Y�dslalsfying nd i ssa some
the entire fee simple estate.thenrt•M royaltiestand rentalsyto bevent
pa doLesser snail
be reduced propartlanately.
All of the provisions of this lease shall Inure to the benefit of and be binding upon the parties hereto. their heirs, administrators, successors and
assigns.
This agreement shall be binding on each of the above named parties who sign the sans. regardless of whether it is signed by any of the other p.riles.
IN WITNESS WHEREOF.this instrument la executed on the date first above written. /�/��/WITNESSES: (clam ,�, %��Q„C/ /
. ...... warren. J ..10147. . ......................... .......... .. ... -.
•. ... Verona. .Y.,...Ke .l4y. •
.....
STATE OF COLORADO,
County of Bo
elder I SS. Colorado Ackoowledpserd
The foregoing instrument was acknowledge!before me this of day of
•,taunt///•,s.
r't‘ �: �r. A.D., 19 71 by
.ee
:: .�`�•'z. OTAMe �,�rRrren j,...•�elley and wife? verorLa y. Kelley M
e .4.
,..P.0 B� :,., .,,»._»........»... . ...._...»_..._...._......».... .»....»»..._..,_„»,......... .. . ......._...
CVAttli' offic' tad:
My commission expires ^ ( 7 ? .
Notary c.
STATE OF COLORADO,
County of 1 55. Colorado Acknowledgment
The foregoing instrument was aclta.•vlcdged before me this ,lay of
, A.D., 19..,_._... by
%Fitness my hand and official sal:
My rat;:mission expires_._..._ —
Notary Public.
o
1
t++ l 's
E
.. .. '6 J V
4G0 de 13
1.
8 r, �`
•
._ - 19
t17 p d u 'Ern ,g a
lei Z ? w 1‘;141';44.1
u t �:`�
° tr jr ri % ;
Z a ? 004 8 � gU � \ �- . 11,31
. u. ' wg
O _ o .� g ;
•
}
•
• . _hard
Hello