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HomeMy WebLinkAbout20090665.tiff3j RESOLUTION RE: AUTHORIZE SUSPENSION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY OWNED BY WELD COUNTY, COLORADO - W1/2 NE1/4, S18, T7N, R66W 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 is the owner of vast mineral lands located in Weld County, Colorado, and WHEREAS, pursuant to paragraph #16 of the Lease approved on December 7, 2005, by Resolution #2005-3587, Petro -Canada Resources (USA) Inc., submitted a request to suspend the lease of 80.0 net mineral acres, more or less, described to -wit: W1/2 NE1/4 of Section 18, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado, and WHEREAS, after review, the Board deems it advisable to approve said request, submitted by Petro -Canada Resources (USA) Inc., to suspend the lease on the above -described mineral acreage, for a period of one year, commencing March 18, 2009, and ending March 17, 2010, 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 request submitted by Petro -Canada Resources (USA) Inc., to suspend the lease on the above -described mineral acreage, for a period of one year, commencing March 18, 2009, and ending March 17, 2010, be, and hereby is, granted and approved. 1VIII 11111111111III!!111111II�111111!���IIIIIIII!IIII :48p Weld County, CO 13818397 of 3 R 0.00 04/08/2009 D0.0012Steve Moreno Clerk & Recorder 2009-0665 LE0232 hc"e d� I l 3 /ot RE: AUTHORIZE SUSPENSION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY OWNED BY WELD COUNTY, COLORADO - W1/2 NE1/4, S18, T7N, R66W PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of March, A.D., 2009. BOARD OF COUNTY COMMISSIONERS \W4DpUNTY�6pLORADO ATTEST: Weld County Clerk to the BY: AP ounty Attorney Deputy Clerk the Board M: illiam F. Garcia, Chairman XCUSED Douglas Rademacher, Pro -Tern cc) iP Sean P. Conway c (0(C/1 arbaKirkmeyer David E. Long C 111111MBE III 111111III 1111111Mil III 1III 2009-0665 3615397 04/08/2009 12:45P Weld County, CO LE0232 2 of 3 R 0.00 D 0.00 Steve Moreno Clerk & Recorder WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 FAX: (970) 352-0242 March 2, 2009 Maria S. Gillman Regional Landman Petro -Canada Resources (USA), Inc. Suite 600, 999 18`° Street Denver, CO 80202 RE: Letter of January 16, 2009 Dear Ms. Gillman: The Board of County Commissioners of Weld County has received your letter of January 16, 2009, regarding PCR Lease No. 102008.000, for property located in the WNE of Section 18-7- 66. Enclosed is the check in the amount of $240 which you sent with your letter. Section 16 of the lease allows for one year of suspension prior to having to pay that cost. Consequently, I will recommend to the Board that it suspend the lease as requested for one (1) year. You will then need to request another extension at the end of that year and send in a check then for $240. You will need to do that procedure every year thereafter that if you wish to have the suspension continue. Please call me at (970) 356-4000, extension 4390, if you have any questions or need additional information. Sincerely, -7 i uce- Barker Weld County Attorney Enclosure pc: Esther Gesick 1111111 11111 111111 11111111111 III 1111111111 11111 11111111 3615397 04/08/2009 12:45P Weld County, CO 3 of 3 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 2009-0665 PETROi-CANADA RESOURCES'(USA)INC. OPER'ATINGACCOUNT',A AL , 99,48th $reet, Suite 600 penve5tolorado 80202 ,(303}297-2300 EXACT.452+ dolsO TWO HUNDRIID FORTY DOL THE ORDER OF ?. WELD COUNTY BOARD OF pOUN COMMISSIONERS WELD COUNTY CENTENNIAL CENTER 915 10TH ST GREELEY, CO 80632 WELLS FARGO BANK GRAND JUNCTION „,L'pran4 jonctlon, Colorado CHECK 50428 -<,- VENDOR Nta' ^ CHECK DATE , PA,gK'k%ACTLY ......,7,02098 Jan -15-2009`` $240.00 AUTH0)BTECTRIGNATURE Mari S. Gillman Regional Landman Petro -Canada Resources (USA) Inc. Suite 600, 999 18th Street Denver, CO 80202 Telephone: (303) 350-1179 Facsimile: (303) 297-7708 January 16, 2008 Ms. Esther Gesick Clerk of the Board Weld County Board of Commissioners 915 10th St. Greeley, CO 80631 RE: Weld County Oil & Gas Lease dated December 7, 2005 T7N-R66W; Section 18: WNE ("Lease") Weld County Lease number 2005-3587 Weld Co., CO PCR Lease No. 102008.000 Dear Esther: Thank you for your time on the telephone last week to discuss Petro -Canada's ("PCR") request for "suspension of obligation" pursuant to paragraph 16 of the captioned Lease. As we discussed, PCR drilled the Drake 18-12 & 18-13 ("the Wells") wells in October of 2008, and completed both as producers in November. We currently have no market for our gas as the closest Gas Gathering line is approximately a mile and a half away. We have been diligently working with the gas purchaser (DCP Midstream) since November in an effort to get the Wells hooked up to begin selling gas. DCP is having difficulty obtaining the necessary ROW for their gathering lines and are currently in discussion with the City of Thornton to obtain as easement for the gathering line. Based on the above circumstances, PCR hereby requests a suspension of our obligation to produce gas under the terms of the Lease until a suitable market can be can be found, and further, pursuant to paragraph 16, it shall be deemed that gas is being produced under the Lease in paying quantities. In accordance with the above, and pursuant to paragraph 16 of the Lease, enclosed please find PCR's check number 50428 in the amount of $240.00 in accordance with the minimum requirement for the shut in royalty. Please let us know the Board's decision at your earliest convenience. If you have any questions, please feel free to call me. Sincerely, 1 Mari S. Gillman Regional Landman Petro -Canada Resources (USA), Inc. Cc: Karen Shafer Oil and Gas Lease Page 5 agreement, Lessor may segregate the land and issue a separate lease for each portion not committed thereunder; the term of such separate lease shall be limited as to the original term of this lease. The terms of the lease on that portion remaining In the unit shati be deemed to be modified to conform to such agreement. Non -producing leases shall terminate on the first anniversary date of the lease folloof wing the the termination date of the unit or part thereof modifying the lease, but in no event prior to the primary term of the lease or the extension term of the lease. icable iand rs, rate and produce 15. Pall wells upon the leased land so lODUCTION - Lessee shall, ong as to thelsamee are capable ofnproducing in paying quantities, and shall operate the same so as to produce at a rate commensurate with the rate of f wfells on on adjoining lands within the same field and within the limits of good engihte P� m times as there exist neither market nor storage therefor, and except for such limitations on or b n for suspensions of production as may be approved in writing by Lessor. Lessee shall be responsr adequate site security on all producing properties. 18. SHUT-IN WELLS - N Lessee shall complete a well on the leased land productive of gas and Lessee is unable to produce such gas due to a lack of suitable market therefor, Lessormay found, t W d see suspension of his obligations to produce hereunder until a suitable market for such u ereunder In paying during any such suspension period, it shall be deemed that gas is being prod quantities. Except, however, that beginning on the anniversary date next, of the year of an extension of the lease by reason of a shut-in well, Lessee shall pay to Lessor a shut-in royalty equal to $2.00 per acre of the lease per annum In addition to the annual rental. The minimum amount of such shut-in royalty payment shall be $240. Each year's shut-in royalty shall be forfeited to Lessor except for the shut-in royalty paid for the year during which the well begins production. The maximum extension of the lease, due to the existence of a shut-in well, shall be five years beyond the extension term as described in the EXTENSION paragraph herein. The granting of any further extensions shall be at the sole option of Lessor. 17. OPERATIONS - No exploration, drilling Cr production operation, including permanent installations, shall be within 200 feet of any existing building or other improvement, including water well or reservoir, without the written permission of the owner of said improvements. Lessee shall keep a correct log of each well drilled hereunder, showing by name or description the formations passed through, the depth at which each formation was reached, the number of feet of each size casing set in each well, where set, and the total depth of each well drilled. Lessee, within thirty (30) days after the completion or abandonmentwell, ny well with drilled hereunder, shall file in the office of Lessor a complete and correct log of such a copy of the electric log and the radioactivity log of the well when such logs, or either of them, are run; and also a copy of all drill stem test results, core records and analyses, record of perforations and initial production tests, if any. If any of the information required by this paragraph is contained in reports required to be filed with the Oil and Gas Conservation Canrdsslon of Colorado, the requirements of this paragraph for such information may be satisfied by such filing with such information for copies of the reports as are required by the following paragraph, pu blic ublis immediately available to Lessor. Any proprietary information so submitted shall not be subject inspection under Colorado law. Lessee shall bury pipelines below plow depth. Lessee shall set and cement sufficient surface casing to protect the fresh water wells of the area. 18. NOTIFICATION - Lessee shall notify Lessor and the surface lessee or surfacethereon. ownar oe f the shall location f each drill site at least two weeks prior to commencing drilling operationserequest fee shall val notify Lessor before commencing to plug and abandon any well by copy of or sundry notice of intent to plug and abandon. 11111111th 111719 11111111006 1111111111111111III 1111111111111 :14P Weld County, CO 5 of 8 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 67/00 5._ 3 5' Hello