HomeMy WebLinkAbout20092664.tiffRESOLUTION
RE: APPROVE AMENDMENT TO SMALL TRACT OIL AND GAS LEASE AND AUTHORIZE
CHAIR TO SIGN - MERIT ENERGY COMPANY
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, the Board has been presented with an Amendment to the Small Tract Oil and
Gas Lease between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County and Merit Energy Company, 13727 Noel Drive, Suite 500, Dallas,
Texas 75240, commencing May 3, 2007, and ending August 8, 2012, with further terms and
conditions being as stated in said amendment for the following described mineral acres:
E1/2E1/2NE1/4 of Section 20, Township 5 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 Amendment to the Small Tract Oil and Gas Lease between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
and Merit Energy Company, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 12th day of October, A.D., 2009.
ATTEST:
Weld County Clerk to the
BY. Lab
Depot Clerlkjo the Board
APPROVED S TO FOR1
Attorney
Date of signature. 0131V"
BOARD OF NTY COMMISSIONERS
W L. QUNTX COLORADO
Iliam F. Garcia, Chair
Douglas,'ademache Pro-Tem
Sea p P. Conway
David E. Long
(�0 IML7e-Lc okt G")
2009-2664
LE0238
AMENDMENT TO OIL AND GAS LEASE
State: Colorado
County: Weld
Lessor: 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
Lessor's Address: 915 10th Street, P.O. Box 758, Greeley, CO 80632
Lessee: Bright Star Energy Services, Inc., assigned to Merit Management Partners I, LP; Merit Energy
Partners III, LP; and Merit Energy Partners D III, LP, each a Delaware limited partnership, by Assignment of Oil
and Gas Leases dated May 3, 2007, recorded June 29, 2007, Reception No. 3479027
Lessee's Address: 13727 Noel Dr., Suite 500, Dallas, TX 75240
Effective Date: August 8, 2006
On August 8, 2006 Lessor, named above, executed and delivered to Lessee, named above, an Oil, Gas and
Mineral Lease (the "Lease"), which is recorded as Reception No. 3414222, dated August 24, 2006 of the
Records of Weld County, CO of the County and State named above. The above said Lease covers the
following lands (the "Lands"):
Township 5 North, Range 64 West, 6th P.M.
Section 20: A tract of land in the E/2E/2NE/4 Town of Kersey, as described in Book 563, Reception No.
1485270, dated March 16, 1966 and more particularly described as follows:
Beginning at a point 231 feet North of the center of the Main Line Tract of the Union Pacific
Railroad, as it now exists; running thence North 125 feet on a line 30 feet West of the East line
of the Northeast Quarter (NE/4) of Section Twenty (20), Township Five (5) North, Range Sixty -
Four (64) West of the 6th P.M., said line being the West boundary of the present County Road;
thence due West 125 feet; thence due South 125 feet; thence East 125 feet to the point of
beginning. Excepting therefrom a tract of land as described in Treasurer's Deed recorded in the
office of the County Clerk and Recorder in Book 1166 at Page 105, of the records of Weld
County, Colorado. (Part of Block 1, Ewing's Subdivision)
and containing 0.2841 acres, more or less.
Lessors, Lessees or their Assigns agree that the Lease as described above is valid, in force, and in full effect.
It is the desire of the Lessors, Lessees or their Assigns to amend the Lease by extending the primary term for
three (3) years with said lease to expire August 8, 2012.
For adequate consideration, the receipt and sufficiency of which is acknowledged by Lessors, this Lease shall
be, and provide for the term of six (6) years from the Effective Date stated above and as long thereafter as oil
or gas are produced from the lands or lands from which the lands are pooled, or in the manner provided for
and on the terms and conditions set forth in the Lease, as amended. In all other respects the Lease remains
unchanged. By executing this Amendment, Lessors hereby grant, lease, and let the lands to Lessees or their
Assigns, on the terms and provisions provided in the Lease, as amended.
This Amendment to Oil and Gas Lease may be executed in multiple counterparts, but all the counterparts,
taken together, shall be deemed one Amendment. This Amendment to Oil and Gas Lease is executed by each
Lessor as of the date of acknowledgment of their respective signatures, but shall be deemed effective for all
purposes as of the Effective Date stated above.
111111111111111111111111 III 111111111111 III 111111111 1111
3658863 11/10/2009 02:38P Weld County, CO
1 of 2 R 0.00 0 0.00 Steve Moreno Clerk & Recorder
2009-2664
IN WITNESS WHEREOF, Lessor has hereunto signed and caused its name to be signed by the CHAIR,
BOARD OF COUNTY COMMISSIO OF--IE COUNTY OF WELD, with the seal of the office affixed.
By
eth
K
Deputy Clerk o the Board
STATE OF
Colorado
COUNTY OF Weld
BOARD OF COUNTY COMMISSIONERS
WELD
By:
Chair, Board of County Cat
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as§igrae�r?
I LVU
ACKNOWLEDGEMENT
This instrument was acknowledged before me on the 12th day of October 20 09
By William F. Garcia
rwmrnissNn Expires May 15, 2010
co4_.e,09Ac-)
Notary Public, State of
Notary's Name (printed)
Notary's Commission expires:
CORPORATE ACKNOWLEDGEMENT
STATE OF
COUNTY OF
This instrument was acknowledged before me on the day of 20 By
of
a corporation, on behalf of said corporation.
Notary Public, State of
Notary's Name (printed)
Notary's Commission expires:
1111111 11111 111111 111111 III 111111111111 111 11111 1111/III
3658863 11/10/20(19 02:38P Weld County, CO
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
MEMO RE: AMENDMENT TO OIL AND GAS LEASE
The attached letter with the Amendment to Oil and Gas Lease was sent to Weld County
July 28, 2009 and arrived here August 3, 2009. Merit Energy Company paid the County
$210 to renew the lease the County originally had with Bright Star Energy. The County
has apparently deposited that money.
The original lease with Bright Star Energy provided in paragraph 10, that the "rights of
Lessor and Lessee hereunder may be assigned in whole or in part", and the lease was
assigned by Bright Star to Merit Energy on May 3, 2007. (A copy of the assignment is
also attached hereto.)
The Bright Star Energy lease expired August 8, 2009. The original lease ran from August
8, 2006 through August 8, 2009. The term of the amended lease is three (3) years, and
would expire August 8, 2012.
The tract of land being leased is small: .2841 acres.
The question now is whether the Board wishes to agree to extend the lease with Merit
Energy for an additional three (3) years for the $210.00, or return the deposit of $210.00
and put the amount out to bid?
I recommend that Weld County accept the $210.00 and extend the lease. — S. Arries
Conway
Garcia
Kirkmeyer
Long
Rademacher
Iris L. Bradley, CPL/ESA
Land Manager, North Division
MERIT ENERGY COMPANY
13727 Noel Road • Suite 500 • Dallas. Texas 75240
Ph 972.701.8377 • Fx 972.960.1252 www.meritenergy.com
Iris L. Bradley, CPL/ESA
Land Manager, North Division
972-628-1533
972-628-1833 (fax)
iris. bradlev(atmeritenergv.com
July 28, 2009
Weld County, Colorado
Board of County Commissioners
County of Weld
915 10th Street
P.O. Box 758
Greeley, CO 80632
Re: Lease Extension
Ladies and Gentlemen:
Please find enclosed an "Amendment to Oil and Gas Lease" ("Amendment")
covering the oil and gas lease executed August 8, 2006 for a three (3) year term.
The lease is to expire on August 8, 2009. The enclosed Amendment is to extend
the term of the current Oil and Gas Lease for three (3) years, expiring August 8,
2012. As compensation for the Amendment, also enclosed is a check in the
amount of $210.00, being the same as the bonus paid for the Oil and Gas Lease
in 2006.
Please execute one (1) copy of the enclosed Agreement and return to me in the
enclosed envelope. One (1) copy is for your records
Merit Oil Company appreciates your consideration to the extension of the Oil and
Gas Lease.
Should you have any questions, do not hesitate to call.
Very truly ypirs,
LEO L
MERIT ENERGY COMPANY
13727 Noel Road, Suite 500
Dallas, Texas 75240
972.701.8377
www.meritenergy.com
Page 1 of 1
VENDOR NAME
VENDOR NO.
DATE
CHECK NUMBER
AMOUNT
WELD COUNTY COLORADO
0008013883
07/30/2009
0080256086
$210.00
DOCUMENT NUMBER VENDOR INV #
INV DATE INVOICE
AMOUNT
DEDUCTIONS
NET
AMOUNT
7002111100 072909
08/07/2009 210.00
LEASE EXTENSION PAYMENT
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RECEIPT
RECEIVED FROM
ADDRESS
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DATE Oil/ / x/49
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ACCOUNT HOW PAID
AMT. OF
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AMT.
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ORDER
NO.
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210.00
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TOTAL $210.00
For a copy of Merit's Privacy Policy, go to mentenergy.com or contact the "Legal Department at the address or phone number above
1111111111111111111111111111111111111111111111111111111
3479027 05/2912007 03:37P Weld County, CO
1 of 12 R 61.00 D 0.00 Steve Moreno Clerk 8 Recorder
ASSIGNMENT OF OIL AND GAS LEASES
02_7
Bright Star Energy Services, Inc. ("Assignor"), whose address is 1580 Lincoln Street Suite 635,
Denver, CO 80203 for the payment of Ten and 00/100 Dollars ($10.00) and other valuable consideration,
the receipt and sufficiency of which are hereby acknowledged and subject to the terms and conditions
hereof, hereby grants, sells, assigns, and conveys to Merit Management Partners I, LP (91.5%), Merit
Energy Partners Ill, LP (7.0%), and Merit Energy Partners I) III, LP (1.5%), (collectively
"Assignee") each a Delaware limited partnership whose address is 13727 Noel Road, Suite 500, Dallas,
TX 75240, all of its right, title and interest in and to the Oil and Gas Leases and lands as further described
on EXHIBIT "A", attached hereto and made a part hereof for all purposes, said leases covering lands
situated in Weld County, Colorado.
Assignor makes no representation or warranty of title to the interest assigned hereby, other than
against lawful claims of persons claiming the same or any part thereof by, through, or under Assignor, but
not otherwise. This assignment is made with full substitution and subrogation of Assignee, its successors
and assigns to the rights of Assignor under, in, and to all warranties made by others with respect to the
rights, titles, and interests being conveyed hereunder.
To have and to hold the same unto Assignee, its successors and assigns forever, subject to all the
terms, conditions, limitations, and covenants of the aforesaid oil and gas leases.
Dated and Effective this 3r° day of May . 2007 .
STATE OF COLORADO
1 ss.
CITY AND COUNTY OF DENVER
ASSIGNOR:
Bright Star Ene
BY:
Sten W. Curtis, President
CORPORATE ACKNOWLEDGEMENT
The foregoing instrument was acknowledged before me this 3rd day of May 2007 , by Steven
W. Curtis, President of Bright Star Energy Services, Inc. on behalf of said corporation and as a free act
and deed of said corporation.
My Commission Expires: /.Va P�,Zo o 7
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Township 5 North, Range 64 West. 6th P.M.
Section 20: A parcel of land located in the NE''/.NE'L, as
described in Personal Representative's Deed executed on June 28,
1995, and recorded in the records of Weld County, Colorado in
Book 1499, under Reception No. 2444658 and described as
follows:
Beginning at the point on the north line of said Section 20, 280
feet west of the northeast corner of said Section;
thence south on a line parallel to the east line of said Section, 155
feet to a point; thence west on a line parallel to the north line of
said Section, 140 feet to a point; thence north on a line parallel to
the east line of said Section, 155 feet to a point on the north line of
said Section; thence east on the north line of said Section. 140 feet
the Point of Beginning.
EXCEPT a parcel of land as conveyed by Deed recorded in Book
1175 at Page 62, and
EXCEPT a parcel of land as conveyed by Deed recorded in Book
552 as Reception No. 1474248
Also known by street and number as, 120 and 120'/s W. Hill
Street, Kersey, Colorado 80644
i Township 5 North, Range 64 West, 6th P.M.
Section 20: A tract of land located in the E2NE/4, as described
in Quitclaim Deed, dated December 30, 1996, and Recorded in the
Records of Weld County, Colorado in Book 1584, under
Reception No. 2527188 further described as follows:
Lot 29, Block I, Ewing's Addition to the Town of Kersey, Weld
County, Colorado
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Township 5 North, Ranee 64 West, 6th P.M.
Section 20: Two parcels of land. in the E/2E/2NE/4, as
described in book 1220. reception #2166285, and described as
follows:
A tract of land in the Town of Kersey, more particularly described
as follows: Lots 28. 33, 34, and 35, of Block I of the Ewing's
Subdivision, Town of Kersey;
AND
A tract of land beginning 231 feet North of the Center Line of the
UP Right of Way and 30 feet West of the East line of the NE,'4;
North 26 feet. West 125 feet, South 26 feet, East 125 feet to
beginning (Part of Block I, Ewing's Subdivision).
Township 5 North, Range 64 West, 61h P.M.
Section 20: A tract of land located in the NE''NE'/., as
described in Warranty Deed dated October 25,1991, and recorded
in the records of Weld County, Colorado, in Book 1315, under
Reception No. 02267629 described as follows:
Commencing at the southwest corner of Block 16, Clark and Hills
2n° addition to the Town of Kersey, according to the recorded map
or plat thereof, and considering the north right-of-way line of
Clark Street in said Town of Kersey to bear due west and with all
other bearings described herein relative thereto: thence west along
an extension of the north right-of-way line of Clark Street a
distance of 60 feet to a point of intersection with the west right-of-
way line of First Street in said Town of Kersey; thence north
along the west right-of-way line of First Street a distance of 90
feet to the True Point of Beginning; thence continuing north along
the west right-of-way line of First Street 75 feet; thence west 125
feet; thence south 75 feet; thence east 125 feet to the True Point of
Beginning.
Township 5 North, Range 64 West. 6u' P.M.
Section 20: A parcel of land located in the EJ2NE/4, as
described in Warranty Deed. dated December 28, 2001, and
recorded in the records of Weld County, Colorado under
Reception No. 2913108 described as follows:
Lots 30 and 31, Block 1. Ewing's Addition to the Town of Kersey.
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Township 5 North, Range 64 West, 6th P.M.
Section 20: A tract of land in the NE/4NE/4. Town of Kersey,
as described in Warranty Deed dated March 3, 1971, and recorded
in the records of Weld County, Colorado on March 25, 1971 in
Book 643, under Reception No. 1564506, described as follows:
Commencing at the northeast corner of said Section 20, and
considering the east line of said Section 20 to bear due south and
with all other bearings contained herein being relative thereto:
thence south along the east line of the NE% of said Section 20 and
the centerline of First Street in the Town of Kersey 230.00 feet;
thence west 30.00 feet to a point on the west right-of-way line of
said First Street, said point being the True Point of Beginning:
I thence south along the west right-of-way of said First Street
' 324.26 feet to the Northeast corner of a tract of land described in
warranty deed recorded under Reception No. 1524143, in Book
602, Weld County records;
thence west 266.00 feet; thence north 396.87 feet, more or less, to
the south line of a parcel of land conveyed by deed recorded in
Book 955, page I I, Weld County records; thence north 89°29' 10"
east 141.01 feet: along the south lines of parcels of land conveyed
by deeds recorded in Book 955, pages 11 and 20, Weld County
records; thence south 75.00 feet; thence north 89'29'10" east, 125
feet to the True Point of Beginning.
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Township 5 North, Range 64 West, 6t" P.M.
Section 20: A tract of land located in the E/2NE/4, as described
in deed dated September 17, 1970, and recorded in the records of
Weld County, Colorado in Book 634, Reception No.1555760 and
described as follows:
Beginning 209 feet south of southeast corner of Lot 26, Block I,
Ewing's Subdivision, Town of Kersey; south 50 feet. west 125
feet. north 50 feet. east 125 feet to beginning; and
A tract of land located in said Section 20 as described in deed
dated November 1, 1983, and recorded in the records of Weld
County, Colorado on November 8, 1983. in Book 1012, under
Reception No. 1946332 described as follows:
Lot 36. Block 1 of Ewing's Addition in the Town of Kersey, Weld
County, Colorado; and
A parcel of land located in said Section 20, and described in the
records of the Assessor of Weld County. Colorado, and as
follows:
' Lot 32, Block I of Ewing's Addition in the Town of Kersey, Weld
County, Colorado.
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Township 5 North, Range 64 West, 6th P.M.
Section 20: A parcel of land located in the NEY.. as described in
Warranty Deed dated August I.2005, and recorded in the records
of Weld County. Colorado, on February 22, 2006 under Reception
No. 3364611 and described as follows:
Considering the east line of the Northeast Quarter (NEV.) of said
Section 20 as bearing south 00°00'00" west and with all bearings
contained herein relative thereto: Beginning at the southwest
comer of Block 16, Clark and Hills Second Addition to the Town
of Kersey, County of Weld, State of Colorado; thence north
90°00'00" west 326.00 feet; thence north 00°00'00"east 85.00 feet
to the True Point of Beginning; thence south 90°00'00" east
141.00 feet; thence north 00°00'00" east 80.00 feet; thence north
90°00'00" west 141.00 feet; thence South 00'00'00" west 80.00
feet to the True Point of Beginnine.
Together with Domestic Weil No. 174,
County of Weld, State of Colorado,
Also known by street and number as, 144 Klein Street, Kersey.
CO, 80644
Township 5 North. Range 64 West, 6'" P.M.
Section 20: A tract of land located in the E2N E/4, as described
in book 740, reception #1662432 and described as follows:
A parcel beginning 125 feet south of the southeast corner of Lot
26, Block I, Ewing's Addition to the Town of Kersey; thence
south 84 feet; thence west 125 feet; thence north 84 feet; thence
east 125 feet 10 the place of beginning, together with all structures,
improvements, machinery, equipment, furniture and fixtures
including (without limiting the foregoine general description): 3
large steel granaries, 2 small granaries, Mayrath grain auger and
all pallets located in building.
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Township 5 North, Range 64 West, 6th P.M.
Section 20: One (1) parcel of land located in the NEA, as
described deed recorded in Weld County, Colorado under
reception No. 3161231 and described as follows:
Considering the East line of the NE1/4 of said Section 20 as bearing
South 00° 00'00" West and with all bearings contained herein
relative thereto:
Beginning at the Southwest corner of Block 16, Clark and Hills
Second Addition to the Town of Kersey, Weld County, Colorado;
thence North 90° West 60 feet; thence South 0° West 490 feet to
the Tme Point of Beginning; thence continuing South 0' West 230
feet; thence North 90' West 133 feet: thence North 0` East 230
feet; thence North 90° East 133 feet; more or less, to the True
Point of Beginning. Excepting therefrom the Northerly 30 feet of
said tact. Also described as Parcel X096320100016,
Township 5 North, Range 64 West, 6th P.M.
Section 20: A tract of land in the E/2E2NE/4 Town of Kersey,
as described in book 563, Reception No. 14852_70, dated March
16, 1966 and more particularly described as follows:
Beginning at a point 231 feet North of the center of the Main Line
Track of the Union Pacific Railroad, as it now exists; running
thence North 125 feet on a line 30 feet West of the East line of the
Northeast quarter (NE'/) of Section Twenty (20), Township Five
(5) North, Range Sixty-four (64) West of the 6th P.M., said line
being the West boundary of the present County Road; thence due
West 125 feet; thence due South 125 feet; thence due East 125
feet to the point of beginning. Excepting therefrom a tract of land
as described in Treasurer's Deed recorded in the office of the
County Clerk and Recorder in Book 1166 at Page105, of the
records of Weld County, Colorado. (Part of Block 1, Ewing's
Subdivision)
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Bright Star Energy Services, Inc
Union Colony Bank, a Colorado Bank
Weld County. Colorado, a political
subdivision of the State of Colorado
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Township 5 North, Range 64 West, 6h P.M.
Section 20: Two parcels of land located in the NE''/.NE!:, as
described Warranty Deed dated November 1, 1996, and recorded
in the records of Weld County, Colorado, in Book 1575, under
Reception No. 2518860, and described as follows:
Parcel l:
Beginning at the northeast corner of said Sec. 20, thence south
along the east line of said Section, 155 feet to a point; thence west
parallel to the north line of said Section, 205 feet to a point; thence
north parallel to the east line of said Section, 155 ft to the north
i line of said section: thence east along the north line of said
Section, 205 ft, more or less, to the Point of Beginning.
Parcel 2:
Commencing at the northeast corner of said Section 20, and
considering the east line of said Section 20 to bear due south with
all bearings contained herein relative thereto; thence south along
the centerline of First Street in the Town of Kersey, 30feet; thence
west 30 feet to the west right-of-way line of said First Street
thence south along said west right-of-way line of First Street a
distance of 125 feet to the True Point of Beginning; thence
continuing south along said west line of First Street a distance of
175 feet; thence south 89° 29' 10" west 125 feet; thence north 75
'I. feet, more of less, to the south line of a parcel of land conveyed by
deed recorded in Book 955 at Page 18; thence east along said
' south line of said parcel of land conveyed by deed recorded in
Book 955 at Page 18, a distance of 125 feet, more or less, to the
True Point of Beginning.
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Wells, Berry D/B/A Kersey Pizza III Bright Star Energy Services, Inc
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