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Home My WebLink About20040014.tiff RESOLUTION RE: APPROVE AMENDMENT TO OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN - 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, the Board has been presented with an Amendment to Oil and Gas Lease between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and CFG Energy, Inc., upon full execution and ending on January 5, 2007, with further terms and conditions being as stated in said amendment, and 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 Oil and Gas Lease between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,and CFG Energy, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the term of the lease shall expire on January 5, 2007. 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 5th day of January, A.D., 2004. BOARD OF COUNTY COMMISSIONERS WELD cqzUNTY, COLD ADO ATTEST: / , / . fl Robert D. Masden, Chair Weld County Clerk to the Board : �1 William H. rke, Pro-Tem Deputy Clerk to the B A M. eile APPROVED AS TO F : F j:. David E. LonAArtg otant 'kttorney / Glenn Vaad Date of signature: ' 2004-0014 LE0212 (IA (A, ( -( AMENDMENT TO OIL AND GAS WELD COUNTY LEASE 'V THIS AMENDMENT TO WELD COUNTY OIL AND GAS LEASE is executed this day of J&n. rLI , 2005 by and between WELD COUNTY, COLORADO, a political subdivision of the STA'I_E OF COLORADO, acting by and through the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, for its respective interests, c/o BOARD OF COUNTY COMMISSIONERS, 915 10TH STREET, P.O. BOX 758, GREELEY, CO 80632, hereinafter called"Lessor," and CFG Energy, Inc., 1846 Frontier Road, Greeley, CO 80634, hereinafter called"Lessee." WITNESSETH: WHEREAS, Lessor and Lessee entered into a Weld County Oil and Gas Lease ("Lease") approved by resolution of the Board of County Commissioners of the County of Weld,#2003- 3256 LE0212, dated November 5, 2003, for property described as: "Lot 3 and SEY4NW'/4; E%2SWI/4 of Section 4, Township 5 North, Range 61 West of the 6th P.M., Weld County, Colorado,"comprising 119.51 acres, and WHEREAS, Lessor and Lessee desire to amend said Lease in order to correct the legal description therein to the following: "EI/2W%Z of Section 4, Township 5 North, Range 61 West of the 6th P.M., Weld County, Colorado,"comprising 159.51 acres, and WHEREAS, Lessee has paid to Lessor the sum of$400.00 as additional bonus consideration of$10.00 per mineral acre for the additional 40 acres to be included in the Lease through this Amendment, and WHEREAS, Lessor and Lessee now acknowledge and agree that Lessee has paid to Lessor a total bonus consideration of$1,595.10 for the amended Lease,plus a$10.00 filing fee; that the annual rental for the amended Lease shall be $159.51, computed at the rate of$1.00 per mineral acre or fraction thereof per year; and that the all of the remaining terms and conditions set forth in the Lease which are not modified as stated herein shall remain the same. NOW, THEREFORE, in consideration of the payment by Lessee to Lessor of the sum of $400.00,which payment Lessor acknowledges it has received,Lessor and Lessee agree to amend the Lease as follows: 1. NET MINERAL ACRES COVERED BY LEASE: The net mineral acres covered by the Lease shall be 159.51 acres. 2. DESCRIPTION OF LAND COVERED BY LEASE: The land covered by the Lease is described as: E%2W%2 of Section 4, Township 5 North, Range 61 West of the 6th P.M., Weld County, Colorado. 1 II 111111111111111111IIIIIIiIIIIIIII11111111111 III HI 20044-0-0 014 3146390 01/21/2004 11:07A Weld County, CO 1 of 2 R 0.00 0 0.00 Steve Moreno Clerk & Recorder 3. ANNUAL RENTAL PAYMENT DUE: The annual rental payment due shall be $159.51, computed at the rate of$1.00 per mineral acre or fraction thereof per year. 4. REMAINING TERMS AND CONDITIONS OF LEASE: The remaining terms and conditions set forth in the Lease shall remain the same. IN WITNESS WHEREOF, Lessor has hereunto signed and caused its name to be signed by the CHAIRMAN, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, with the seal of Weld County affixed, and Lessee has signed this Amendment to Weld County Oil and Gas Lease,the day and year first above written. LESSOR: ATT T: 124ki,Li,„ COUNTY OF WELD, a political subdivision erk to the Board of the STATE OF COLORADO: r � � rVV D 18 (1r��'�' t�►I■ �� / By ,% *� '$+ • the Board Chairman 1 ►ter-Tai '�� r Robert D. Masden � 01/05/2004 4, Board of County Commissioners of the 1aNi . County of Weld LESSEE: CFG Energy, Inc. By: / "-11#1.4 I C Thomas B. Croke, III, President SUBSCRIBED AND SWORN to before me this -9' .-day ofcL„J.w , 2003. WITNESS my hand and official seal. Notary Public My commission expires: 1/d3/4,2r 7 • 4 "us 41- c-1' 7 rA . �✓ 2 11111 1111111 M11 VIII III 11111 IIII IIII 3146390 01/21/2004 11:07A Weld County, CO 2 of 2 R 0.00 Q 0.00 Steve Moreno Clerk& Recorder ,-,9/M U_ /)/)111 ° 1r 4--- irl"' 0 WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 111 WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 FAX: (970) 352-0242 • COLORADO December 23, 2003 Thomas B. Croke, III,President CFG Energy, Inc. 1846 Frontier Road Greeley, CO 80634 Re: Amendment to Weld County Oil and Gas Lease Dear Mr. Croke: Enclosed is a document entitled, "Amendment to Weld County Oil and Gas Lease,"to amend the lease approved by resolution of the Board of County Commissioners of the County of Weld on November 5, 2003. A copy of the lease and resolution, and copies of the receipts of payment, are also enclosed. Please sign the enclosed Amendment,have your signature notarized, and return the signed original along with $400.00 (made payable to: Weld County, Colorado)to my office at: P.O. Box 758, 915 10th Street, Greeley, CO 80632. 1 will then see that the Amendment is approved by the Board of County Commissioners and a copy of the signed document returned to you. Please feel free to call me at (970) 356-4000, ext. 4390, if you have any questions or comments. Sincerely, .--' ruce T. Barker Weld County Attorney Enc. pc: Clerk to the Board .-,/ ,r,,, , BRUCE Barker- Re CFG Oil and Gas Ler--Typographical Error Correction � . - , . Pa e1 From: BRUCE Barker To: "TCroke@aol.com".GW IA.CENTDOMAIN Subject: Re: CFG Oil and Gas Lease Typographical Error Correction Because the Board of County Commissioners has already approved the lease by resolution, we feel the need to amend the lease in order to reflect the modified net mineral acres covered and the total bonus compensation paid. Today, I will send to you via U.S. mail an amendment to the lease. A copy is attached. We have not received the $400.00 promised in Bill Crews' e-mail of December 8th. Once you receive the original amendment, please sign it and return along with $400.00. Thanks. >>> <TCroke@aol.com> 12/23/03 09:04AM >>> Thank you for the quick reply. Happy Holidays. CC: Harding, CAROL f WELD COUNTY BANK 2770 3635 23RD AVENUE CFG ENERGY, INC. EVANS, CO 80620 1846 FRONTIER ROAD GREELEY, CO 80634 82-646/1070 December 29, 2003 (970)330-2660 PAY TO THE 8 ORDER OF Weld County, Colorado $ 400.00 d Four Hundred and no/100ths _ DOLLARS 1 N 8 --77 /11,1 t , MEMO Amendment to Lease E/2W/2 Section T5N-R61W AUTHORIZED SIGNATURE fir 000 2 7 700 L0 70064604 L00 5 29411 CFG Energy, Inc. 1846 Frontier Road Greeley, CO 80634 Telephone (970) 330-2660 Cell Phone (970) 396-8347 Fax (970) 330-2657 E-Mail TCroke(a,aol.com December 29, 2003 Bruce T. Barker Weld County Attorney Weld County Attorney's Office 915 Tenth Street P.O. Box 758 Greeley, CO 80632 Re: Amendment to Weld County Oil and Gas Lease Dear Mr. Barker: Thank you for the quick response to our request to amend the lease. Enclosed is an executed and notarized Amendment provided by you. Happy Holidays, 71:444' % Thomas B. Croke, III President Enclosures Division Order Title Opinion Page 4 T5N,R61 W, Section 4: All May 31,2013 Pronghorn T-P-4HNB Well Weld County, Colorado TRACT 1 Description Tract Factor BOGL(s) Township 5 North, Range 61 West, 6`"P.M. Section 4: SE/4 160.00/638.20 1-8; Partially unleased TRACT 2 Description Tract Factor BOGL(s) Township 5 North,Range 61 West, 6'"P.M. Section 4: W/2SW/4 80.00/638.20 9 TRACT 3 Description Tract Factor BOGL(s) Township 5 North, Range 61 West.6`"P.M. Section 4: Lot 3 (39.51), SE/4NW/4, E/2SW/4 159.51 /638.20 10 , TRACT 4 Description Tract Factor BOGL(s) Township 5 North, Range 61 West.6th P.M. Section 4: S/2NE/4, SW/4NW/4, Lot I (39.66), Lot 2(39.59), Lot 4(39.44) 238.69/638.20 11, 12 III, OWNERSHIP Based upon our examination of the foregoing materials and subject to the exceptions, assumptions, comments and requirements set forth in this opinion, we are of the opinion that title to the Lands as of March 19, 2013 is owned, encumbered and burdened as follows: TRACT 1 A. Surface (SE/4 of Section 4) [160.00 acres, more or less]: Owner Interest Dennis W. Grotheer Living Trust,dated February 26, 1996 100% 100537225.11 Division Order Title Opinion Page 7 T5N, R61 W, Section 4: All May 31, 2013 Pronghorn T-P-4HNB Well Weld County, Colorado RAAM Production, LLC 0.8125% 100% 100% 9 Ronald E. Yetter and Tonie E. Yetter,J/T 1.6250% 100% 100% 9 D. Leasehold Working Interests: Owner Working Mineral Lease BOGL Interest Interest Burden Bonanza Creek Energy Operating Company, LLC 100% 100% 19% 9 TRACT 3 A. Surface (Section 4: Lot 3 (39.51), SE/4NW/4, E/2SW/4) [159.51 acres, more or less]: Owner Interest Dennis W. Grotheer Living Trust,dated February 26, 1996 100% B. Mineral Interests and Royalty (oil, gas and associated hydrocarbons only): Owner Interest Royalty BOGL Weld County, Colorado 100% 20% 10 C. Overriding Royalty Interests: None of record. D. Leasehold Working Interests: Owner Working Mineral Lease BOGL Interest Interest Burden Bonanza Creek Energy Operating, LLC 100% 100% 20% 10 00537225.1 tii STATE OF COLORADO ) 111111111111 111111 IIII IIIIII IIIII 111111 III 11111 IIII IIII ss. 3706254 07/19/2010 03:42P Weld County, CO COUNTY OF WELD ) 1 of 2 R 16.00 0 0.00 Steve Moreno Clerk& Recorder ANFIDAVIT OF EXTENSION OF OIL AND GAS LEASES The undersigned, of lawful age,having been first duly sworn upon his oath, deposes and states that: 1. Bonanza Creek Energy Operating Company,LLC is an owner and holder of those oil and gas leases (the"Leases")set forth on Exhibit A attached hereto. 2. Affiant is Senior Vice President, Corporate Development/Land of Bonanza Creek Energy Operating Company,LLC. 3. Each Lease is for a definite term of years,days or months from the date thereof and for so long thereafter as oil or gas is produced from the lands covered thereby or land pooled or unitized therewith. 4. By a Declaration of Pooling dated March 30,2005,but effective as of the earliest date of production from the Bonanza Pronghorn#14-4 well in the SW/4 SW/4 of Section 4,Township 5 North,Range 61 West, 6°i P.M.,Weld County, Colorado,the S/2 SW/4 of Section 4 was pooled as a unit for the production of oil,gas and associated liquid hydrocarbons. 5. Production of oil and gas has been obtained from Bonanza's Pronghorn#14-4 well in the SW/4 SW/4 of Section 4,Township 5 North,Range 61 West, 6ih P.M., Weld County,Colorado. 6. Pursuant to Colo. Rev. Stat. §38.42.106(1973,as amended),Ralph E. McPhetridge, as Senior Vice President,Corporate Development/Land of Bonanza Creek Energy Operating Company, LLC, hereby claims and provides notice of the extension of the Leases identified on said Exhibit A beyond their primary terms. Further Affiant sayeth not. „„al,..-7"f -r,Ca'. RaliE McPhetridge State of California County of Xe-rvv A-. Subsc,0W and sworn to(or affirm efo a me on this ' day of 20 (o,by 1 fa.- 6• ilit G 14,,�L ,p ved to me on basis of satisfactory evidence to be the person(s who appeared before me. "l[�,//� MONICA L.WAND-KELM Signature Commiaalon#1818259 ¢ ' ,<is Notary Public-California 1 ,ti.',r� Korn County „ My� Cow mom woo oct 20 9ef2 ACKNOWLEDGMENT State of Californ.. County of �yl ) f , / //[}� ,� �� On r /0 before me, r'`-v n 4" C-. (" - " _. %G/"''/ AL L��IJJJ �f ms rt nape and title of the officer) personally appeared ��a E. A"t7 `}'G , Who proved to me on the basis oftat_is`factory evidence to be the personssj whose name-) is/aresubscribed to the within instrument and acknowledged to me that hebhetthey executed the same in his/kw-Ural:. authorized capacity(j9ej; and that by histkeerkheir signaturej$en the instrument the person(4or the entity upon behalf of which the person(sj'acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MONICA L.WARO•KELLEII WITNESS y hand and icial seal. ,'rr1, Commiaalon# 1818259 7r Notary Public•California = • 34-1-1/1-1 Hf Kern County Signature z'� �� ' _ m Comm.Eapiraa On 20_2012 Exhibit A Affidavit of Extension of Oil and Gas Leases Pronghorn #14-4 Well Lessor Lessee Description - _ Date Rec. Dennis W. Grotheer & Debra. CFG Energy, Inc. T5N, R61 W: 10/11/2003 3127857 A. Grotheer Co-Trustees of Sec. 4: W/2 /SW/4 the Dennis W. Grotheer Sec. 9: E/2 Living Trust Weld County CFG Energy, Inc. (T5N, R61 W: 11/5/2003 3143332 Sec. 4: Lot 3 and SE/4 NW/4, E/2. SW/42 11111111111111111111111111111111111111 I I 111111 I I I 1101 3706254 07/19/2010 03:42P Weld County, CO 2 of 2 R 16.00 D 0.00 Steve Moreno Clerk & Recorder Hello