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HomeMy WebLinkAbout20051730.tiff RESOLUTION RE: APPROVE RATIFICATION OF DECLARATION OF POOLING - CFG ENERGY, INC. 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 holder of an Oil and Gas Lease with CFG Energy, Inc., concerning certain mineral acres located in the SW1/4SW1/4 of Section 4, Township 5 North, Range 61 West of the 6th P.M., Weld County, Colorado, and WHEREAS, the Board has been presented with a Ratification of a Declaration of Pooling concerning said mineral acres, and WHEREAS, after review, the Board deems it advisable to approve said Ratification, retroactive to March 30, 2005, and NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the Ratification of the Declaration of Pooling concerning the above mentioned mineral acres be, and hereby is, approved. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 13th day of June, A.D., 2005, nunc pro tunc March 30, 2005. BOARD OF COUNTY COMMISSIONERS ftWELD COUNTY, COLORADO % William H. rke, Chaire Board Geile, Pro- m Deputy Clerk to the Boar D 'd E. Long AP D AS • Robert D. Masden n y Atto ey Glenn Vaa Date of signature: l e- 2005-1730 LE0212 a ) a resTO: Board of County Commissioners FROM: Lee D. Morrison, Assistant Weld County Attorney WI IBCDATE: June 6, 2005 gr — JcO2_/ RE: Pooling Agreement COLORADO Mr. Bill Crews has requested that the County enter into the attached Pooling Agreement. The County lease recorded January 12, 2004 already includes a pooling clause. However, Mr. Crews is concerned that the terms of the existing pooling clause are too narrow since it suggests that pooling is appropriate only to comply with a spacing Order or rule. That is not technically the case here. However, there does not appear to be any reason to decline to pool on a narrow technical distinction. I also am not aware of any economic reason not to pool. Therefore, I recommend approval of the Ratification of Pooling. (7— f c)-1 / Lee D. Momson Assistant Weld County Attorney CREWS & ZEREN, LLC May 16, 2005 Petroleum Land Consultants P.O. Box 336337 Greeley, CO 80633 Lee Morrison (970) 351-0733 Assistant County Attorney Fax(303)484-2110 Weld County info®crews-zeren.com 1015 10th Street, 3rd. Floor Greeley, CO 80631 Re: Ratification of Pooling Dear Lee: This is to request that the Board of County Commissioners ratify the attached Declaration of Pooling which pools the S'%SW'% of Section 4, Township 5 North, Range 61 West, as a unit for production of oil and gas. The pooling clause in the County lease form is perhaps not quite broad enough to permit pooling in the absence of spacing. CFG Energy, Inc. has drilled and completed the Pronghorn 14-4 well, in the SW%SW% of Section 4, as a producer of both oil and gas from the Niobrara formation in . The Niobrara formation in the Wattenberg field to the west is spaced on 80-acre units, so this pooling is consistent with the nearest unit size from the same formation. By pooling as a lay-down, the County will receive proceeds from this well from first production (when perhaps the provisions of the Tabor Amendment are affecting County revenues) and will be assured of a revenue stream at the earliest date of production in the section. Dennis Grotheer as Trustee of the Dennis W. Grotheer Living Trust, the other mineral owner in the unit, concurs with the pooling as CFG et al. have done it. Please let me know if you need any other information. Thanks for taking this matter before the Board to ratify the pooling. Regards, William G. "Bill" Crews, CPL Agent for CFG Energy, Inc. WGC/mm See accompanying copy of Declaration of Pooling 1111111 11111 11111 110 10111 IIIINI 11111 III 111111111111 3276054 04/11/2005 12:15P Weld County, CO 1 of 3 R 16.00 D 0.00 Steve Moreno Clerk& Recorder DECLARATION OF POOLING 054 KNOW ALL MEN BY THESE PRESENTS: 1. CFG Energy, Inc., Albert E. Yetter, RAAM Production, LLC, Ronald E. Yetter and Tonie E. Yetter are the owners of the oil and gas leases ("Leases") set forth on Exhibit A hereto covering the S'ASW% of Section 4, Township 5 North, Range 61 West, 6th P.M., Weld County, Colorado. Each of the Leases contains provisions authorizing the Lessee to unitize or pool the Leases and the lands covered thereby, in whole or in part, in order to create an orderly well spacing pattern. 2. Acting under and by virtue of the pooling authority contained in the Leases, the undersigned hereby pool, combine and designate the following lands (and the leasehold, mineral and royalty rights thereunder) as a unit for the production of oil, gas and associated liquid hydrocarbons. Township 5 North. Range 61 West. 6th P.M. Section 4: S%SW% IN WITNESS WHEREOF, this instrument is executed as of this 30th day of March, 2005, but shall be effective for all purposes as of the earliest date of production from the CFG Pronghom #14-4 well in the SW%SW%of said Section 4. This Declaration of Pooling may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. CFG ENERGY, INC. RAAM PRODUCTION, LLC. �/r�.m By: / ee /1 (: By: . Thomas B. Croke, Ill, President Ronald E. Yetter _cc Albert E. Yetter Ronald E. Yetter `1JCneu'i'J4 2641TO Tonie E. Yetter (acknowledgments attached) 111110 11111111111111111111111111111111111111111111111 3276054 04/11/2005 12:15P Weld County, CO 2 of 3 R 16.00 D 0.00 Steve Moreno Clerk& Recorder STATE OF COLORADO ) ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this 9n- day of March, 2005, by Thomas B. Croke, Ill, as President of CFG Energy, Inc., a Colorado corporation, on behalf of said corporation. Witness my hand and official seal. My commission expires: ;. n i1 - °o'o 8 4"..: '/,it ' = f STATE OF COLORADO ) &Op'•;: ao r. d• 134,•.t • COUNTY OF MORGAN ) ) ss. 13 The foregoing instrument was acknowledged before me this L�day of a y r;, 2005, by Ronald E. Yetter, as Manager of RAAM Production, LLC, a Colorado limitied liability company, and by Ronald E. Yetter and Tonie E. Vetter. Witness my hand and official seal. My commission expires: C, naAlt4,k -13-,,70) Nota RISTA BARBEFIrel NOTARY PUBLIC STATE OF COLORADO ) STATE OF COLORADO ) ss. MY COMMISSION EXPIRES 211412008 COUNTY OF LOGAN ) The foregoing instrument was acknowledged before me this 1 day of A? 1 2005, by Albert E. Vetter. Witness my hand and official seal. My commission expires: iSc4n I3- dno2 Notary Public CHRISTA BARBER NOTARY PUBLIC STATE OF COLORADO MY COMMISSION EXPIRES 2i13.2C48 • 1111111 III1I IIIII IIII 111111111111111111 III 111111111 IIII 3276054 04/11/2005 12:15P Weld County, CO 3 of 3 R 16.00 0 0.00 Steve Moreno Clerk 8 Recorder Exhibit A Declaration of Pooling S'YSW%-4-5n-61w Lessor Lessee Description Date Rec. Dennis W. Grotheer CFG Energy, Inc. Two. 5 North. Rae 61 West 11/18/2003 3127857 and Debra A. Grotheer Sec.4: SW%SW% as Co-Trustees of the Dennis W. Grotheer Living Trust Weld County, CO CFG Energy, Inc. Twp. 5 North. Roe 61 West 1/12/2004 3143332 Sec.4: SEY.SWY. 3146390 Hello