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c 1858 MAY 1 81981 a3lo
O BOOK9S.fi. RECEPTION ?.$8 DATE TIME ri, , I,�, A
MARY ANN FEUERSTEIN, Cler and Recorder, Weld County, Cobrada IJI)
RESOLUTION
n,
c RE: APPROVAL OF AMENDMENT TO OIL AND GAS LEASE - ENERGY MINERALS
e CORPORATION
WHEREAS, the Board of County Commissioners of Weld County,
O
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
a
affairs of Weld County, Colorado, and
o
WHEREAS, Energy Minerals Corporation is the owner o£ a gas
co
no and oil lease concerning property owned by Weld County, Colorado,
being more particularly described as follows:
Township 3 North, Range 61 West
c;D Section 5: N'N2 (ada Lots 1 , 2 , 3 ,
"' and 4)
=mac
— WHEREAS, Energy Minerals Corporation desires to amend para-
graph 12 of said gas and oil lease so that it may drill a "J"
Sand well in the Northwest Quarter of the Northwest Quarter of
Section 5, Township 3 North, Range 61 West of the 6th P.M. , Weld
County, Colorado, and
WHEREAS, a Lease Amendment has been prepared reflecting
such amendment, and
WHEREAS, the Board of County Commissioners has studied
said amendment and deems it advisable to approve the same.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the lease amendment to
the gas and oil lease owned by Energy Minerals Corporation con-
cerning the property described herein, be, and hereby is, approved.
The above and foregoing Resolution was , on motion duly mad
‘ad seconded, adopted by the following vote on the 13th day of
'llaY, A.D. , 1981.
4 tl;) BOARD OF COUNTY COMMISSIONERS
° ATTEST: 1 WELD COUNTY, C RADO
Weld County Clerk and Recorder / (Aye)
and rk to the Board uck Carlson, Chairman
CBI,: �( ( "2-2 for.. (Aye)
Deputy Count erk —Norman Carlson, Pro-Tem
AP6RAOiLFAS T FORM: _� L 17 (Aye)
C. W.Ki�by
U
County Attorney t 2 (A e)
T. Marti
�A e)
e K. S einmark
ai000e
L. eoc)92
DATE PRESENTED: MAY 18, 1981
1858OE9MAY i -
1981 - p
BOOK 9�0 RECEPTION DATE TIME �K l
ao
MARY ANN FEUERSTEIN, Clerk and Recorder Weld �°yedpy
LEASE AMENDMENT �' "' �J
THIS AGREEMENT entered into this 13th day of flay , 1981 , by and
between Weld County Board of County Commissioners as First Party, and Energy
Minerals Corporation, 1000 Security Life Building , Denver, Colorado 30202 as
the Second Party.
WITNESSETH
THAT WHEREAS, under date of January 29 , 1977 , First Party, as Lessor,
entered into an oil and gas lease with E. B. O'Hara , as Lessee, recorded in Book
786, No. 1708284 of the official records of Weld County, Colorado , covering the
following described land situated in said county and state , to-wit:
Township 3 North - Range 61 West
Section 5: N4NI (ada Lots 1 , 2 , 3, and 4)
the Lessee's interest in said lease now being owned, through assignment, by
Second Party; and
WHEREAS, paragraph number 12 of said oil and gas lease provides in part
"Lessee 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 provision
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" ; and,
WHEREAS, Second Party desires to drill a "J" Sand well to be located
in the NW*NWk of said Section 5 , and in order to produce the above lands both
economically and from a conservation standpoint, Second Party desires to develop
the test well on the basis of a 160 acre unit to consist of the NW* of said
Section 5, thus necessitating certain amendments to the herein referenced lease ,
all of which are acceptable to First Party.
NOW THEREFORE, in consideration of the premises and of the sum of Ten
Dollars (510.00) cash in hand paid by Second Party to First Party, the receipt
and sufficiency of which are hereby acknowledged , the said First Party does
hereby consent and agree to the following:
PURPORTED COPY]
1. That the above referenced paragraph No. 12 , in its entirety, shall be
deleted and in lieu thereof, the following new paragraph , to-wit:
"Lessee, at its option, is hereby given the right and authority
to pool or combine the land covered by this lease, or any portion thereof,
or formations thereunder, as to oil and gas, or either of them, either before
or after production, with any other land covered by this lease, or with any
other land, lease or leases into a "Unit", when in Lessee's judgment it is
necessary or advisable to do so in order to properly develop or operate said
leased premises, whether under order of the Colorado Oil and Gas Conservation
Commission or otherwise, such pooling to be into drilling or spacing unit or
units of one hundred sixty (160) acres in surface area for gas and hydrocarbons
associated therewith, with ten percent (10%) tolerance, except that larger
units may be created to conform either to any drilling or spacing unit pattern
that may be prescribed by proper governmental authority. "
"The pooling in one or more instances shall not exhaust the rights of the
Lessee hereunder to pool this lease or portions thereof, or formations there-
under, into other units. To accomplish such pooling , Lessee shall execute and
place of record an instrument or instruments identifying and describing the
pooled acreage and formation , with an information copy to be provided Lessor
upon written request. "
"Well commencement, drilling , production or reworking operations anywhere
on a unit which shall include all or any part of the lease acreage shall be
construed as if it were well commencement, drilling, producing or reworking
operations under this lease and, in lieu of royalties specified elsewhere
herein, Lessee agrees to accept and receive out of the production from each
such unit only such portion of the royalties stipulated herein as the net
amount of Lessor' s acreage placed in the unit, or Lessor's royalty interest
therein , bears to the total acreage included in such unit. " -
is hereby incorporated into said oil and gas lease, effective as of the date thereof
to all intents and purposes as though originally incorporated in said oil and gas
lease.
2. First Party does hereby represent to and covenant with Second Party that it
has not transferred, assigned or otherwise conveyed or encumbered its interest in
said oil and gas lease subsequent to the execution thereof.
3. Except as herein expressly revised or modified , the terms and provision of
said oil and gas lease shall remain the same as written , and as so modified or amended,
the parties hereto do hereby recognize and stipulate that said lease is in full force
and effect as of the date hereof.
The terms and provisions hereof shall be deemed covenants running with the
lands subject hereto, and shall be binding upon and inure to the benefit of the
parties, their respective heirs, legal representatives, successors and assigns.
EXECUTED this 13th day of hay , 1981.
fliklaiwv‘.' ;047/1411
ATTEST: WELD COUNTY, COLORADO, A POLITICAL
SUBDIVISION OF THE STATE OF COLORADO,
COUNTY CLERK AND RECORDER AND CLERK BY THE BOARD OF COUNTY IMISSIONERS
TO THE BOARD
BY% a-vimit, A6 c ..
TAX IDENTIFICATION NUMBER 7 J� �
/-2c, Ir . //4!' e t
2ral."71;41-1
G'
STATE OF COLORADO ) ACKNOWLEDGEMENT
) ss.
COUNTY OF WELD
BEFORE ME, the undersigned, a Notary Public, in and for said County and State,
on this 18th day of May , 19 81 , personally
appeared Chuck Carlson, Norman Carlson, C. W. Kirby. John T. Martin.
June Steinmark.
as [,]et Co pi ty Cp1Qrar�n Pniitlral Snhdivicinn of th Ctate of Cotororlo
y ne hoard O ounen commissioners
to me known to be the identical person`s) , described in and who executed the
within and foregoing instrument of writing and acknowledged to me that they
duly executed the same as their free and voluntary act and deed for
the uses and purposes therein set forth.
IN WITNESS WHEREOF, I hereunto set my hand and affixed my notarial seal the
day and year last above written.
My Commission Expires 5-23-81 zr )
Notary Public
n ENERGY MINERALS CORPORATION
OIL AND GAS EXPLORATION
May 4, 1981
0044001291
Weld County Lease
N/2N/2 Sec. 5-T3N-R61W
Weld County, Colorado
Weld County Board of County Commissioners
Greeley, Colorado 80631
Gentlemen:
In reference to the subject lease and in order to accommodate orderly
and economically efficient development of the minerals underlying the
lands covered by said lease, Energy Minerals Corporation proposes, and
requests your approval of, the enclosed Lease Amendment.
Energy Minerals Corporation desires to drill a "J" Sand well in the NW/4NW/4
of Section 5-T3N-R61W, and in order to avoid waste and facilitate economic
development proposes to create a NW/4 (160 acre) spacing unit.
Under the terms of the lease as they presently appear, Energy Minerals
Corporation, does have the right to pool the lands , however the present
terms are vague and seem to imply pooling Federal lands with fee lands, as
is not the case here. Therefor, and in order to eliminate any possible
misinterpretation, we advise that the pooling clause in the lease be re-
placed by that which appears in the amendment.
We are confident that the proposed change would be advantageous to all
parties concerned and thus request that you review and execute the original
copy of the enclosed amendment and return same to this office for further
handling.
Your cooperation and assistance in this matter will be appreciated.
Very truly yours ,
ENERGY M ERALS CORPORATION
Robert P. Messana
Landman
RPM/jll
1000 SECURITY LIFE BUILDING • DENVER, COLORADO 80202 • (303) 629-7334
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