HomeMy WebLinkAbout20011053.tiff r of
Greeley I I ", ti 5
April 3, 2001
TO: Weld County Commissioners
Weld County Attorney's Office
Weld Library District
Aims Community College
North Colorado Water Conservancy District
School District RE-5J
Milliken Fire Protection District
West Greeley Soil Conservation District
Little Thompson Water
FROM: Cheryl Aragon, Deputy City Clerk 1 .
SUBJECT: Phillips-Kinzer #1 Annexation
The Greeley City Council received a petition for annexation of property located generally north and
east of Weld County Road 54 and State Route 257, known as the Phillps-Kinzer #1 Annexation.
Your taxing district/jurisdiction is listed as being one of which the territory proposed for annexation
is a part. A public hearing will be held on Tuesday, May 1, 2001, to determine whether this property
is eligible for annexation.
A copy of the notice of public hearing, a copy of the resolution which sets the public hearing, and a
copy of the petition(s) as filed are attached. As indicated in the notice and resolution, the public
hearing will be held:
May 1, 2001
6:30 p.m.
City Council Chambers
Public Safety Building
919 Seventh Street
Greeley, Colorado
If additional information is desired or if you have questions, please call the City Clerk's Office at
350-9743.
Rat - )` ;€ w)
nil Pe / iz (46);ea) it,� (';f1 5a, /J�( P
SERVING OUR COMMUNITY • I T ' S A TRADITION
We promise/o preserve andimproue Ike yual/y of hie far greeter IA-ropy/5-limey, courleous and cos/en 2001-1053
PLEASE PUBLISH THE ATTACHED NOTICE AND RESOLUTIONS ON THE FOLLOWING
DATES (PLEASE CONFIRM WITH INSERTION NUMBERS BY RETURN E-MAIL OR
FAX)
1. March 23, 2001
2. March 30, 2001
3. April 6, 2001
4. April 13, 2001
Account Number 411030-7418
NOTICE
Notice is hereby given that the City Council of Greeley, Colorado, will hold public hearings on
proposed annexations of territories to the City of Greeley. The hearings shall be held on May 1,2001,
in the City Council Chambers of the Public Safety Building, 919 7th Street, in the City of Greeley,
Colorado,beginning at 6:30 p.m. or as soon thereafter as the matter can be heard by the City Council
on that date. The purpose of the hearings is to determine whether said properties are eligible for
annexation under Colorado law. Persons wishing to examine the annexation petitions,resolutions,and
any exhibits thereto,may do so at the office of the City Clerk during business hours. These territories
are described in annexation petitions which have been filed with the City Clerk as:
• the"McCloskey Annexation"located generally south and east of W. 10th Street and 71"Avenue
• the"Phillips-Kinzer Annexation#1"located generally north and east of Weld County Road 54
and State Route 257
• the"Phillips-Kinzer Annexation#2" located generally north and east of Weld County Road 54
and State Route 257
•
Dated this 20th day of March, 2001.
Betsy Holder
City Clerk
CITY OF GREELEY, COLORADO
RESOLUTION NO. 22, 2001
A RESOLUTION FOR THE PHILLIPS-KINZER ANNEXATION #1
ANNEXATION PETITION FINDING SUBSTANTIAL COMPLIANCE WITH
STATE ANNEXATION LAWS AND SETTING A HEARING FOR
CONSIDERATION OF AN ANNEXATION
WHEREAS, Duke L. Phillips submitted a petition to the City of Greeley for
annexation of property located generally north and east of Weld County Road 54 and
State Route 257 in Weld County, Colorado known as the "Phillips-Kinzer Annexation
#1" Annexation, more specifically described as Exhibit A; and
WHEREAS, the City of Greeley staff has found substantial compliance of the
annexation petition in conformance with C.R.S., § 31-12-101, et seq.;
WHEREAS, C.R.S., § 31-12-108 requires that the City Council establish a date, time,
and place to hold a hearing to determine if the proposed annexation complies with § §
31-12-104 and 31-12-105, or such parts thereof, to establish eligibility for annexation to
the City of Greeley; and
WHEREAS, the City Clerk shall deliver notice and publish the date, time, and place
for said hearing.
NOW THEREFORE, BE IT RESOLVED BY THE GREELEY CITY COUNCIL OF
THE CITY OF GREELEY, COLORADO.
1. The annexation petition is found to comply with C.R.S., § § 31-12-104 and 31-
12-105.
2. The public hearing for consideration of the proposed annexation petition is hereby
set for May 1, 2001, at the Greeley City Council Chambers, 919 7th Street,
Greeley, Colorado, during a regular City Council meeting beginning at 6:30 p.m.
3. The City Clerk is hereby authorized to publish and notify required parties
pursuant to C.R.S., § 31-12-108(2).
4. This resolution shall become effective immediately upon its passage.
PASSED, AND ADOPTED, SIGNED AND APPROVED this 20`h day of March,
2001.
ATTEST: THE CITY OF GREELEY, COLORADO
45-E7A14. 014)1 By: "
City C1ei Mayor
Exhibit A
PROPERTY DESCRIPTION
Phillips—Kinzer Annexation #1
A parcel of land being part of the West Half (W1/2) of Section Twenty—four (24),
Township Five North (T.5N.), Range Sixty—seven West (R.67W.) of the Sixth Principal
Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly
described as follows:
BEGINNING at the Southwest Corner of said Section 24 and assuming the South line of
said W1/2 as bearing South 89'55'53" East, being a Grid Bearing of the Colorado State
Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of
2628.04 feet with all other bearings contained herein relative thereto:
THENCE North 0019'38" West along the West line of said Section 24 a distance of
200.00 feet;
THENCE South 89'55'53" East a distance of 30.00 feet to the intersection with the
Easterly ROW line of Weld County Road #25 (WCR #25). Said point being the TRUE
POINT OF BEGINNING:
THENCE North 0019'38" West along said Easterly ROW line a distance of 5016.99 feet
to the North line of said W1/2;
THENCE South 89'37'25" East along said North line a distance of 2580.16 feet to the
`forth Quarter Corner of said Section 24;
HENCE South 00'31'32" East along the East line of said W1/2 a distance of 5003.27
feet;
THENCE North 89'55'53" West a distance of 2597.34 feet to the TRUE POINT OF
BEGINNING.
Said described parcel of land contains 297.729 Acres, more or less (±) and is subject
to any rights—of—way or other easements as granted or reserved by instruments of
record or as now
existing on said described parcel of land.
1'
•
PETITION FOR ANNEXATION
ANNEXATION #l ,h'
Phillips Kinzer ,44
TO THE HONORABLE MAYOR AND CITY COUNCIL OF TSB C 'Y OF
. GREELEY, COLORADO:
The undersigned, in accordance with Title 31, Article 12, Chapters- 101 et. sN., •
Colorado Revised Statutes, 1973, as amended, hereby petition the City Council of the
City of Greeley for annexation to the City of Greeley of the territory,described herein
and described and shown on the map designated, Phillips.-Kinzer Annexation #1
Annexation.• Four(4) copies of said map are submitted herewith and . this reference
are incorporated herein. The description of the territory hereby . - ' -' for annexation
to the City of Greeley is set forth in Erhibit A attached hereto and incorporated herein
by reference.
In support of this petition, the Petitioner(s) allege(s) that:
1. It is desirable and nensary that the.above-described territory be annexed to the
City of Greeley.
2. The requirements of Section 31-12-104 and 31-12=105 of the Colorado Revised
Statutes exist or have been met in that
A. Not less than one-sixth (1/6) of the of the area proposed to be
=noted is contiguous with the City o�. " _
B. A community of interest exists between the territory proposed to be annexed
and the City of Greeley. •-.-a
C. The territory sought to ann.bexed is urban or will be urbanized in.the near
D. The territory sought to be annexed is integrated or is capable of being
• integrated with the City of Greeley.
3. In establishing the boundaries of the territory proposed to be annexed, no land
held in identical ownership, whether consisting of one tract or parcel of real;estate
• or two or more contiguous tracts or parcels of real estate;has/have been divided
into separate parts or parcels of real estate without the written consent of the land
owner or land owners thereof, except and unless where such tracts or parcels are
already separated by a dedicated street, road, or other public way.
4. In establishing the boundaries of the territory proposed to be annexed, no land
held in identical ownership, whether consisting of one tract or parcel of real estate • .
or two or more contiguous tracts or parcels of real estate comprising twenty (20)
acres or more which, together with the buildings and improvements situated thereon
have an assessed valuation in excess of$200,000 for ad valorem tax purposes for
the year next preceding the filing of the written petition for annexation,
•
has/have been included within the territory proposed to be annexed without the: •
written consent of the land owner or land owners.
5. The territory posed to be annexed does not include any area which is the same '• 3�
or substantially the same area in which an election for an annexation to the City of
Greeley was held within the twelve months preceding the filing of this petition.
• 6. The territory proposed to be annexed does not include any area included in another
annexation proceeding involving a city other than the City of Greeley.
7. The territory proposed to be annexed is not presently a part of any incorporated
city, city and county, or town.
8. The property owned by each petitioner is described on each.separate signature •
sheet and, when needed, described more fully in the exhibits attached hereto and
incorporated herein by reference:
_._..._ ._ 9. The signer(s) of this petition comprise(s)mom than fifty percent(50%) of the lead:-.
owners and owning more than fifty percent(50%)of the p ,excludmgpu
streets and alleys, and any land owned by the annexing and
fact, owners of one hundred percent (100%) of the property set in Exhibit A
attached hereto and incorporated herein by reference.
Accompanying this . on are the original and four copies of an annexation plat
map containing the 'flowing information: •
A. A written legal description of the boundaries of the area proposed to be - -
• annexed.
•
•
B. A map showing the boundary of the area proposed to be ann =M
C. Within the annexation boundary map, an idendfication of the location of each
ownership tract in land and, if part or all of the area is�
ithin
the• bounda y and due mnboundary map, tlnnhers off anyspe districts the area plots or of lots and • proposed to
- be amtexed be part of. •
-D. Next to the boundary of the area proposed to be annexed, a drawing of the
contiguous botmdary of the annexing municipality and the contiguous boundary
of any other municipality abutting the area proposed to be annexed.
B. A surveyor's certificate prepared by a registered land surveyor that attests
to the preparation of the map and certifies at least one-sixth (1/6) contiguity •
to the City of Greeley.
F. Acceptance block describing the acceptance action of the City of Greeley and
providing for the effective date and City Clerk and Mayor attest signatures.
G. Notary public signature block, attesting to the authority of the Mayor to
execute acceptance of the annexation.
.i.'
r
10. Except as otherwise provided, no of the territory sought to be annexed is
3
than three miles from a point mire municipal boundary, as such was established ;s
more than one year before this annexation will become effective. :
11. As an expressed condition of annexation, land owner(s) consent(s) to inclusion into
the Northern Colorado Water Conservancy District and the municipal subdistd t
pursuant to Section 37-45-136 (3.6) C.R.S. Land owner(s) ac]mowledge(s) that,
• upon inclusion into the district and subdistrict, land owner's(s') property will be
subject to the same mill levies sad.special assessments'as are levied or-will be
levied on other similarly situated property in the district and subdistrict at the dine
of inclusion of land owner's(s') lands. Land owner(s) agree(s) to waive any
to an elation which may exist to require an.election pursuant to Article X, - •.,
20, of the Colorado Constitution before district and subdistrict can impose such
mill levies and special assessments as it has the authority to impose. kind owner(s)
also agree(s) to waive, upon inclusion, any rightwhich may exist to a refund
pursuant to Article X, Section 20, of the Colorado Constitution.
THEREFORE, the undersipoed respaxfully..petition(s).the..Crty..Council-of-the Citg of----
Greeley, to annex the temtory described and relented to in Exhibit A to the City of
Greeley in accordance with and pursuant to the mantes of the State of Colorado.
Land Owner(s) Name(s) and Signatures) Ailing Address pate of Signing
Duke L. Phillips - 2209 Flora Court
Biiii e izaz ., Loveland, Colorado 80537 y b2 /Oa
T1 j f� ..\ ?,..„, _ ss)by
subscribed and sworn to before me this !)'9 day of
,/7Jl1 f- , �•ZCV , b7
W/ my and official seal:
MY COMMISSION EXPIRES
DECEMBER 23, 2001
1 19/) a,.1 G.� n My commission expires .
otary Pub ego r ec?n K cp'uc
Land Owned
West Half of Section 24-T SN-R 67W
If ner nary, attach separate shit .
•
•
AFFIDAVIT OF CIRCULATOR
•
STATE OF COLORADO )
) ss•
COUNTY OF WELD )
.OO ALE L. . /'1�t LL l n5 being first duly sworn,•states upon oath that he/she is
the circulator of the petition to which this Affidavit is attached and knows of his/her own
knowledge that the signature of each land owner appearing on said petition is the
signature of the person whose name it purports it to.be.
• 01/i(Signature o�Circulator)
foregoing Affidayit was su and sworn to before me this 72— day of
Alban * 19 , by ` 15 ea n -cr p&10 n n
2000 •
Witness my hand and official seal.
MY COMMISSION EXPIRES
My commission expires .. DECEMBER 23, 2001 -(sithu. yto ic.fi- •
•
O'fary ppblic
CITY OF GREELEY ANNEXATION INFORMATION SHEET
The following information is required to process the annexation of land into the City of
Greeley. This sheet must be attached to a completed annexation petition.
TO BE COMPLETED BY APPLICANT Rate September 22, 2000
1. Name of Annexation Phillips-Kinzer Annexation #1
2. Name of Property 0wners) Duke L. Phillips
Street or Road Addresses of All Properties to be Annexed.(Attach separate sheet
if neixcary):
No address assigned-vacant land
•
3. Person to Contact (Name, Address and Phone) Duke L. Phillips
2209 Flora Court, Loveland, Colorado 80537 (970) 481-6183
•
4. Size (m acres) 315 +1- Acres
Sites larger than 10 acres require (as per C.R.S. 31-12-108.5, amended) an -
annexation impact report. The annexing body and the County Commissioners may
agree to waive such report, but a letter to that effect must accompany this petition.
Check One: foci Land Owner-Initiated •
[. 1 Municipally Owned (C.R.S. 31-12-106)
[ ] Enclave (C.R.S. 31-12-106)
5. Attach a list of all special districts (including school districts) of which the territory
• proposed for annexation is part.
•
6. Attach a list of all residents (and their addresses) of the territory proposed for
annexation who are not land owners.
7. Attach a description of the intended use and development of the territory proposed
for annexation. Such a description should be as complete as possible and include:
• The location of existing ps streets and utility lines.
▪ e off c om andeercial or or land use patterns industrial facilitiesand existing zoning.
• Size
• Estimated number of school students generated.
• Number of dwelling units.
9299 Eastman Park Drive
\ King Surveyors, Inc. Windsor, Colorado 80550
(970)686-5011 Fax: (970)686-5821
September 22, 2000
RE: Special Districts
Phillips-Kinzer Annexation #1
City of Greeley - Planning Department
C/O City of Greeley
1000 10th Street
Greeley, Colorado 80631
The following information is provided as requested on the "City of Greeley Annexation
Information Sheet" for the above proposed annexation.
This annexation consists of a portion of the West Half(W 1/2) of Section Twenty-four
(24), Township Five North (T.5N.), Range Sixty-seven West (R.67W.) of the Sixth
Principal Meridian (6th P.M.).
According to the Weld County Treasurer's office there are no "Special Districts"
assessed to this property. The Weld County Assessors office does list the following
districts for this property:
Weld County
Weld Library District
West Greeley Soil Conservation District
School District #RE5J
Northern Colorado Water Conservancy District
Little Thompson Water
Johnstown Fire District
Aims Community College
This property contains no dwellings and therefore no residents.
The intended usage of this property would be light industrial and residential. The
property is bordered on the South Weld County Road #54 and is located one half mile
West of Weld County Road #27. The configuration and scope of any possible streets
within the area at the time of development is uncertain as no specific usage has been
determined at this time. Utility infrastructure is currently not in place but is anticipated
and available for expansion onto this property from the Northeast.
Page 1 of 2
Special Districts (continued)
Phillips-Kinzer Annexation #1
The property is currently zoned within Weld County as "Agricultural." It is intended to
apply for a zoning designation of"Holding Agricultural" until the property develops and
specific usages and areas can be delineated.
At this time no estimate can be made as to the number of dwellings that will be
developed and therefore estimate of the number of students can be estimated.
Respectfully submitted,
aleA "4211
Charles B. Jones, LS
Page 2 of 2
RPECTAT, WARRANTY DEED
2486644 B-1543 P-441 04/18/96 03:06P PG 1 OF 1 REC DOC
Weld Carty CO Clerk & Recorder 6.00
.Jxust
THIS DEED, made this 17th day of April, 1996, between Duke L.
Phillips, Successor Trustee UDT Mildred M. Phillips\dated July 12,
1988, of the County of Arapahoe, State of Colorado, Grantor, and
Duke L. Phillips, whose legal address is 6401 S. Boston Street, IA-
106, Englewood, Colorado 80111, of the County of Arapahoe, State of
Colorado, Grantee:
WITNESSETH, that the Grantor for NO CONSIDERATION has granted,
bargained, sold and conveyed, and by these presents does grant,
bargain, sell, convey and confirm, unto the Grantee, his heirs and
assigns forever, all the real property, together with improvements,
if any, situate, lying and being in the County of Weld, State of
Colorado, described as follows:
The W1/2 of Section 24, Township 5 North, Range 67 west
of the 6th P.M., County of Weld, State of Colorado;
and
The E1/2 of Section 23, Township 5 North, Range 67 west
of the 6th P.K., County of Weld, State of Colorado.
TOGETHER with all and singular the hereditaments and appurtenances
thereto belonging, or in anywise appertaining, and the reversion
and reversions, remainder and remainders, rents, issues and profits
thereof; and all the estate, right, title, interest, claim and
demand whatsoever of the Grantor, either in law or in equity of, in
and to the above bargained premises, with the hereditaments and
appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described
with the appurtenances, unto the Grantee, his heirs and assigns
forever. The Grantor for himself, his heirs and personal
representatives or successors, does covenant and agree that he
shall and will WARRANT AND FOREVER DEFEND the above-bargained
premises in the quiet and peaceable p ion of the Grantee, his
heirs and assigns, against all and every person or persons claiming
the whole or any part thereof, by, through or under the Grantor.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date
set forth above. m) , 1973 as EXEMPT under C.R.S. 39-13-104- (-m)),,1973 as(amended.
%A Imo• c , slit`s.P. CZ�dd
D e L. Phillips, Successor Trustee
UDT Mildred M. Phillips\dated July
12, 1988 Trust
STATE OF COLORADO )
. ) sa.
COUNTY OF BOULDER )
The foregoing instrument was acknowledged before me this 17th
day of April, 1996, by Duke L. Phillips, Successor Trustee UDT
Mildred M. Phillips\dated July 12, 1988.
t•tst
xness my hand and offic s .1.
o��a��s ,,4,r . P.l..c
JEWEI. �� otary Public S�••
i NICHOL My commission expires:/;4J, 4 x7000
NCF(
•
NOTE TO APPLICANT: LAND USE APPLICATION CITY OF GREELEY
Measepdmortypeall required Information Ibis form Ls I COMMUNITY DEVELOPMENT DEPT.
NOT the complete submkal. Additional application CASE NO. I
1000 10TH STREET
materials,as well as the fee.arena bo provided with this ACCOUNT NO. GREELEY,CO 80631
Staff will review the submittal and advise you of its DATE COMPLETE (970)350-9780
eempletimen for processing. APPLICATION RECEIVED i Planner
•
GENERAL INFORMATION: PROJECT INFORMATION:
Name ofOtvner(e) Duke L. Phillips Project Phillips-Kinzer Annexation #1
Address/Latin n No address assigned-vacant land
Complete Address 2209 Flora Court •
Loveland, CO 80537
H
PraentZonlng AG r[roPdTA�B'ding
Requested Action.
Tie (970) 481-6183
Legal Description(attach if additional space is needed)
Applicant/AgentDuke L. Phillips
Part West Half Section 24-T, 5N-R 67W
Compkde.Address 2209 Flora Court
Loveland, CO 80537 Exlsting Site Use(s): Agricultural
7 .> Proposed SiteUse(s): Light Industrial/Residential
•
T (970) 481-6183
tphho ti ci(9 Site Area(Acres or Square Feet): 315 +/— Acres
FEE INFORMATION:
Fee shall be determined on a by-case basis and shall be based on an estimated CERTIFICATION(S):
aso•
bent,rate by Sc pro) planner which will also include estimated review costs by Must be signed by EACH owner of record or authorized officer,if a corporation
r City departments Fees are duo before processing proceeds can tit proof of ownership will be requested. Cospondona: Evidence of who is
Authorized to bind the corporation may be requested.
birdman '
Zoning/Rezoning 5250 $2,500 . Me cat*that the application and support materials provided to the City of Greeley
PUD(Concept,Final,Original,Modified') $250 WOO for the identified request(s)are true and accurate. I/Wo am/are fully aware of all
Use by Special Review' S250 $2,500 requests being made to the City of Greeley and authorize individuals or fines to
Annexation S500 $2,500 represent our interest in thishhese request(s).Subdivideellteplati /� Q
$22000 $1,000
1,0 0 ✓�UK E /., �H/mil lnS L( 6�C ��t/
Sipe lal Use Pamirs SI00 $1,000 Name(print) Signature
'if accept eud final plans am accessed coneurrendy,only one foe will be charged. Name(print) Signature
albauwibe additional fees for of sad pa wells to tecm+a eons incurred by the
The Deponent dtaUSR pant approve'
!Addtllmallfag ices requkedtoWeldCony Pak and Recotder • 0 (Use Additional Sheet lfeeccatury)
ADJOINING PROPERTY OWNERS
PHILLIPS-KINZER ANNEXATION #1
095713000012 095725000012
Shupe Bros Co Booth Land & Livestock Co
P.O. Box 1447 P.O. Box 72
Greeley, Colorado 80632 Lucerne, Colorado 80646
095713000013 095726000023
Jackie Moore Roggen Disposal Inc.
c/o Roy Lundvall c/o Michael Cervi
P.O. Box 632 P.O. Box 169
Greeley, Colorado 80632 Sterling, Colorado 80751
095714000032
Steven T. Roche
1130 50th Avenue
Greeley, Colorado 80631
095723000012
Duke L. Phillips
2209 Flora Court
Loveland, Colorado 80537
095723000018
Duke L. Phillips
2209 Flora Court
Loveland, Colorado 80537
095724000016
Elaine Rosamond Goldberg
2792 S. Macon Circle
Aurora, Colorado 80014
095724000027
Booth Land & Livestock Co
P.O. Box 72
Lucerne, Colorado 80646
095725000011
Roggen Disposal Inc.
c/o Michael Cervi
P.O. Box 169
Sterling, Colorado 80751
Phillips-Kinzer Annexation #1 Shupe Bros Co Jackie Moore
P.O. Box 1447 c/o Roy Lundvall
Label - Avery 5160 Greeley, Colorado 80632 P.O. Box 632
Greeley, Colorado 80632
Steven T. Roche Duke L. Phillips Duke L. Phillips
1130 50th Avenue 2209 Flora Court 2209 Flora Court
Greeley, Colorado 80631 Loveland, Colorado 80537 Loveland, Colorado 80537
Elaine Rosamond Goldberg Booth Land & Livestock Co Roggen Disposal Inc.
2792 S. Macon Circle P.O. Box 72 c/o Michael Cervi
Aurora, Colorado 80014 Lucerne, Colorado 80646 P.O. Box 169
Sterling, Colorado 80751
Booth Land& Livestock Co Roggen Disposal Inc.
P.O. Box 72 c/o Michael Cervi
Lucerne, Colorado 80646 P.O. Box 169
Sterling, Colorado 80751
ART WILDS ACCOUNT.
WELD COUNTY TREASURER WELD COUNTY TAX NOTIL- -
P.O.BOX 458 R1627586
GREELEY,C0 80632.0458 1999 Taxes Due in 2000
LEGAL DESCRIPTION OF PROPERTY TAX AUTHORITY TAX LEVY GENERAL TAX
22616 SW4 24 5 67 (2R) WELD COUNTY' , 22.038 39.65
WIELD LIBRARY / 3.249 5.85
WEST GREELEY SOIL/ 0.414 0.75
SCHOOL DIST RIE5J✓ 42.948 77.31
NCR WATERV 1.000 1.80
LTW WATER 0.000 0.00
JOHNSTOWN FIRS 6.856 12.34
AIMS JUNIOR COL/ 6.343 11.42 I
Pr - ORR r fla .. L y s� ,+s. II, ; g
I
•
SS No.25,..in absence of State Legislative Funding,4
your School General Fund Levy would have been 112.164
TAX DISTRICT ACTUAL
1800 ACTUAL PROPERTY VALUE 156197 VALUATION OF LAND 1800 VALUATION IMPS OR PERS TOTAL VALUATION TOTAA4.EVY848 FULL TM 149.12
'PARCEL♦ V 1
UNPAU I••vEA rax •AYMENT SCHEaULE
095724000013 REAL IF mur.r.E•s APVEA•NERE
c•erACr rensu RL Ir.rraE nnrelr
1st Half Tax DUE FEBRUARY 29 74.56
2nd Half Tax DUE JUNE 15 74.56
•
149.12
I - OR FULL PAYMENT
• DUE MAY 1
PHILLIPS DUKE L THE TREASURERS OFFICE IS REQUIRED BY LAW TO SEND THE TAX
NOTICE TO THE OWNER OF RECORD. IF YOUR TAXES ARE PAID BY A
2209 FLORA CT. MORTGAGE COMPANY KEEP THIS NOTICE FOR YOUR RECORD.IF YOU
HAVE SOLD THIS PROPERTY, PLEASE FORWARD THIS NOTICE TO THE
LOVELAND, CO 80537 NEW OWNER OR RETURN TO THIS OFFICE MARKED PROPERTY SOLD"
Please see reverse side of this form for additional information. TAX NOTICE duplicate
RETAIN TOP PORTION FOR YOUR RECORDS.
ART WILLIS ACCOUNT S
WELDCOUNTYTREASURER v✓ELD COUNTY TAX NOTICE R1627986
P.O.BOX 458
GREELEY,CO ROR 2-0458 1999 Taxes Due in 2000
LEGAL eESC•1•THN •F •'�'E•TY TAX AUTH�'ITY TAX LEVY r:;'�°°o°,"°" °`"" GENE' •LTAX
22617 NW4 24 5 67 (6S) WELD COUNTY 22.038 69.19
WELD LIBRARY 3.249 10.20 !I
WEST GREELEY SOIL 0.414 1.30
SCHOOL DIST RE5J 42.948 I 134.86
NCW WATER 1.000 3.14
LTW WATER 0.000 0.00
JOHNSTOWN FIRE 6.856 21.53
AIMS JUNIOR COL 6.3431 19.92
SB No.25, in absence of State Legislative Funding,4 112.164 !your School General Fund Levy would have been
'AX D15TliYL j,3 ACTUAL PROPERTY W 1LUES0829 VALUATION OF LAND 3140 VALUATION IMPS OR PERS TOTAL VALUATION 3140 j-12-. .v848 !FULL TAx 260.14
nom..
095724000017 REAL FNUr.l:E•SA EA HE E �~ AYMENT SCHEDULE
"CANT CTI EASU E "ILV.IE FIATELY!
1st Half Tax DUE FEBRUARY 29 130.07 !,
2nd Half Tax DUE JUNE 15 130.07 !.
OR FULL PAYMENT 260.14
DUE MAY 1
PHILLIPS DUKE L THE TREASURER'S OFFICE IS REQUIRED BY LAW TO SEND THE TAX
NOTICE TO THE OWNER OF RECORD. IF YOUR TAXES ARE PAID BY A
2209 FLORA CT. MORTGAGE COMPANY KEEP THIS NOTICE FOR YOUR RECORD.IF YOU
HAVE SOLD THIS PROPERTY. PLEASE FORWARD THIS NOTICE TO THE
LOVELAND, CO 80537 NEW OWNER OR RETURN TO THIS OFFICE MARKED"PROPERTY SOLD"
TAX NOTICE duplicate
Please see reverse side of this form for additional information. RETAIN TOP PORTION FOR YOUR RECORDS.
9299 Eastman Park Drive
�,,� King Surveyors, Inc. Windsor, Colorado 80550
`/" (970)686-5011 Fax: (970)686-5821
September 22, 2000
RE: Phillips-Kinzer Annexation #1
Narrative
City of Greeley - Planning Department
C/O City of Greeley
1000 10th Street
Greeley, Colorado 80631
The following material is provided to present information relative to the above proposed
annexation to the City of Greeley as required by the annexation procedures of the City of
Greeley.
a: The land in and around the City of Greeley presents few natural constraints to land
development. It is evident form the direct of the current growth, that the areas in the
Western portion of the City of Greeley are those that are experiencing this highest
development, both in the areas of commercial/industrial and residential usages.
This property is located entirely within the Long-Range Expected Growth Area
(LREGA).
b: It is the intent to include this property within the Northern Colorado Water Conservancy
District and Subdistricts.
c: There are no existing ecological or other land usage which are hazardous currently
located on the property. There are existing oil/gas operations located on the property.
Adequate provisions will be taken at the time of development to insure no disruption of
these facilities. There are no flood hazard areas located on the property, which is located
within the Sheep Draw drainage basin.
d: The property is currently farmed. It is anticipated that these operations will continue
until the property is developed. It is intended to apply for a "Holding Agricultural"
zoning. The anticipated usage of this property at the time of final development will be
light industrial and residential.
Page 1 of 2
Narrative (continued)
Phillips-Kinzer Annexation #1
e: There are many facets associated with the development of this property relative to the
sizing of the different usages. No estimate can be generated at this time addressing this
issue.
f: No estimate of the number of dwelling units can be generated at this time.
g: No estimate of the number of school students can be generated at this time.
Respectfully submitted,
Charles B. Jones, PLSfr>"24
Page 2 of 2
King Surveyors, Inc.
9299 Eastman Park Drive
Windsor, Colorado 80550
\A N (970)686-5011 Fax: (970)686-5821
r
September 22, 2000
RE: Notification of Annexation
West Half of Section 24-T.5N.-R.67W.
Weld County, Colorado
Mr. Duke L. Phillips
2209 Flora Court
Loveland, Colorado 80537
Dear Mr. Phillips
The City of Greeley annexation regulations states that written notification be mailed to the
existing mineral rights owners at the time of application for annexation to that municipality.
We are therefore notifying you that we are at this time preparing the documentation to annex the
West Half(W1/2) of Section Twenty-four(24), Township Five North (T.5N.), Range Sixty-
seven West (R.67W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of
Colorado into the jurisdiction of the City of Greeley.
If you have any questions please contact me at your convenience.
Respectfully submitted,
OD'd
Charles B. Jones, LS
9299 Eastman Park Drive
,�`\ King Surveyors, Inc. Windsor, Colorado 80550
'41/1 (970)686-5011 Fax: (970)686-5821
12
September 22, 2000
RE: Notification of Annexation
West Half of Section 24-T.5N.-R.67W.
Weld County, Colorado
Ms. Susan G. Shank
23 Cherrymoor Drive
Inglewood, Colorado 80110
Dear Ms. Shank:
The City of Greeley annexation regulations states that written notification be mailed to the
existing mineral rights owners at the time of application for annexation to that municipality.
We are therefore notifying you that we are at this time preparing the documentation to annex the
West Half(W1/2) of Section Twenty-four(24), Township Five North (T.5N.), Range Sixty-
seven West(R.67W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of
Colorado into the jurisdiction of the City of Greeley.
If you have any questions please contact me at your convenience.
Respectfully submitted,
Charles B. Jones, PL F-1"
/A99 Eastman Park Drive
King Surveyors, II Inc.1 Windsor, Colorado 80550
(970)686-5011 Fax: (970)686-5821
September 22, 2000
RE: Fire District Petition
Phillips-Kinzer Annexation #1
City of Greeley
1000 10th Street
Greeley, Colorado 80631
Dear Sirs:
The annexation procedure requirements for the City of Greeley requires that we petition the
existing Fire District for the purposes of being excluded from their district so that the property
may be included within the Fire District of the City of Greeley.
My understanding is that the City of Greeley complies a list of properties that have been annexed
into their jurisdiction during the preceding year and then submits one petition including all of
these properties.
We would therefore request that the property as contained within the Phillips-Kinzer Annexation
#1 be included within the composite petition requesting it be removed from the existing fire
district and included within the City of Greeley jurisdiction.
I would be happy to answer any questions that you may have regarding this matter.
Respectfully submitted,
Charles B. Jones, LS
WHr �LLk aS=I{vr ` +E�DD !!NNE XA TON'S gya saaa #2 ,..._
�
Part of Sections 23 and 24, Township 5 North, Range 67 West of the %
^ �
6th P.M., County of Weld, State of Colorado ow
�i a
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359343. ]5,301 sn 37''591 26127 " 969']735"C 3560.6
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4 .43X- 4366 t J y.
r WI/2 SECTION v '' WI/2 SECTION 24 El/2 SECTION 24
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6 3 O 9-, EI/1 SECTION IJ ill
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6 Fl,..,,,, .� a:r
xw«r.wan. a
ease..wM..erv.. qI v ri /\ ,_«®tl. « GRAPHIC SCALE i rata
muss.tan II 5,..,.e.yanala...s ".a 60 r- , .. .x,..�� �^ a...—ar "C3e,Ssf. t597 3C �L"k.,"" ems.,.u. .e «.a ¢`-'gf
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..... w.0...,w CIIMII L...a L.....eu
o.
(A9299 Eastman Park Drive
Ey. King Surveyors, Inc. windsar. Colorado 80550
74 / (970)686-5011 Fax: (970)686-5821
November 2, 2000
RE: Notification of Annexation
West Half of Section 24-T.5N.-R.67W.
Weld County, Colorado
Mr. G. Walter Lunsford
Vice President
Prima Oil and Gas Company
1801 Broadway, Suite 500
Denver, Colorado 80202
Dear Mr. Lunsford:
The City of Greeley annexation regulations states that written notification be mailed to the
existing mineral rights owners at the time of application for annexation to that municipality.
We are therefore notifying you that we are at this time preparing the documentation to annex the
West Half(W1/2) of Section Twenty-four(24), Township Five North (T.5N.), Range Sixty-
seven West (R.67W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of
Colorado into the jurisdiction of the City of Greeley.
If you have any questions please contact me at your convenience.
Respectfully
submitted,
eXr �J'ip.�
Charles B. Jones PLS
•
PRIMA
OIL & GAS COMPANY
1801 Broadway Suite S00
Denver, Colorado 80202
Tel: 303-297-2300
Fax: 303-297-7708
www.onmaenergy.com October 14, 1998
Duke Lee Phillips
2209 Flora Court
Loveland, CO 80537
RE: T5N-R67W-Sec. 24: W/2
Purchase and Sale Agreement
Dated April 15, 1993
Oil and Gas Lease dated 4/1/93
Weld County, CO
Dear Mr. Phillips:
Pursuant to the Purchase and Sale Agreement dated April 15, 1993 between Duke Lee
Phillips and Prima Oil & Gas Company and the Oil and Gas Lease dated April 1, 1993, recorded
in Book 1381, Reception#2331359 between Prima Oil & Gas Company and Duke Lee Phillips,
Prima has until April 1, 1999, to drill the undrilled locations, (SE/4NW/4; E/2SW/4; and the
NW/4SW/4 of Section 24, T5N-R67W).
Due to the low prices of oil and gas, Prima feels it is not advisable to drill these locations
at this time. Therefore, Prima requests an extension of one year from April 1, 1999 to April 1,
2000, to drill the remaining undrilled locations.
If this is agreeable to you, please sign and date one copy of this letter and return it to us at
your earliest convenience.
Sincerely,
PRIMA OIL & GAS COMPANY
c
G. Walter ford, esident Land
AGREED TO AND ACCEPTED THIS DAY OF OCTOBER, 1998.
BY:
DUKE LEE PHILLIPS
•
PRIMA
OIL & GAS COMPANY
1801 Broadway, Suite 500
Denver. Colorado 80202
Tel: 303-297-2300
Fax: 303-297-7708
wwwprimaenergy.com November 13, 1998
Duke Lee Phillips
2209 Flora Court
Loveland, CO 80537
RE: T5N-R67W-Sec. 24: W/2
Purchase and Sale Agreement
Dated April 15, 1993
Oil and Gas Lease dated 4/1/93
Weld County, CO
Dear Mr. Phillips:
Pursuant to the Purchase and Sale Agreement dated April 15, 1993 between Duke Lee
Phillips and Prima Oil & Gas Company and the Oil and Gas Lease dated April 1, 1993, recorded
in Book 1381, Reception#2331359 between Prima Oil & Gas Company and Duke Lee Phillips,
Prima has until April 1, 1999, to drill the undrilled locations, (SE/4NW/4; E/2SW/4; and the
NW/4SW/4 of Section 24, T5N-R67W).
Due to the low prices of oil and gas, Prima feels it is not advisable to drill these locations
at this time. Therefore, Prima requests an extension of one year from April 1, 1999 to April 1,
2000, to drill the remaining undrilled locations.
For consideration of$2000, you hereby agree to the extension as set out above. Please
sign and date one copy of this letter and fax it back to us at 303-297-7708 and we will issue a •
check. Then please mail the original to us at your earliest convenience.
Sincerely,
PRIMA L & GAS COMPANY
IC2
G. Walter Lunsford, 'ce-President Land
AGREED TO AND ACCEPTED THIS \ 6 tk DAY OF NOVEMBER, 1998.
DUKE LEE PHILLIPS
PRIMA
ENERGY CORPORATION
1801 Broadway, Suite 500
Denver, Colorado 80202
Tel: 303-297-2300
Fax: 303-297-7708
www.primaenergy.com November 17, 1998
Duke Lee Phillips
2209 Flora Court
Loveland, CO 80537
RE: TSNr-R67W-Sec. 24: W/2
Purchase and Sale Agreement
Dated April 15, 1993
Oil and Gas Lease dated 4/1/93
Weld County, CO
Dear Mr. Phillips:
Pursuant to the Purchase and Sale Agreement dated April 15, 1993 between Duke Lee
• Phillips and Prima Oil & Gas Company and the Oil and Gas Lease dated April 1, 1993, recorded
in Book 1381, Reception#2331359 between Prima Oil & Gas Company and Duke Lee Phillips,
Prima has until April 1, 1999, to drill the undrilled locations, (SE/4NW/4; E/2SW/4; and the
NW/4SW/4 of Section 24, T5N-R67W).
Due to the low prices of oil and gas, Prima feels it is not advisable to drill these locations
at this time. Therefore, Prima requests an extension from April 1, 1999 to June 1, 2000, to drill
the remaining undrilled locations.
For consideration of$2000, you hereby agree to the extension as set out above. Please
sign and date one copy of this letter and fax it back to us at 303-297-7708 and we will issue a
check. Then please mail the original to Us at your earliest convenience.
Sincerely,
PRIMA OIL & GAS COMPANY
G. Walter Lunsfor , Vice-President Land
AGREED TO AND ACCEPTED THIS lcl DAY OF NOVEMBER, 1998.
BY: wae/C9 ) - L' _,,�
DUKE LEE PHILLIPS
. J ! l {H I = /..h }1• ...1••••,•••, • .f = f •
1-::••;t,•••':-.01,-.:••a < 'l ; r. .th� `a. 'YPp t*.li: Jlr ,i 3 d l (�aJ elr* • •r.:••••••. g• f E•s
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t �' • •,r,..-•:•.‘•:••• 1 5 .w �' ( �.•
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;
�ty r i43..i e
AR2331359
�g B 1381 REC 02331359 05/03/93 13:16 $20.00 1/004 ;,4 1 p k
1 f zt J pT 4' PRODUCERS t9.PAID Up F 0961 MARY ANN FEDERSTEIN CLERIC G RECORDER WELD CO, CO I {
t ,,4 ,,;t r' '. OIL AND GAS LEASE . , ,
I .
},1,1k1'114;:'iiPriq AGREEMENT,Made.nd enldd into the I r r dv of April• J D g) • bad bdwen • 4 _, i �,f Y.
f •till' - Ouke Ico Phi l l lot, a marr led nen deal Inc) In his sole end separate ➢ropert Y •L
�L t'2: i0 - 1
W Ir: f: Wou peen offal.dives i 2500 Linden Avenue, Boulder, CO 90101 becdnaM called Lan Iwhrht new or tore)d W. -Jr.•s s e. ( `• ` PR IHA OIL L GAS COURANT whoa pan office da it Tan l end ices
wnv ifA IM Denver Cr)heieth00:0or,a called laic ( r I ,t's
i„}ier±l:iit WITNESSETI I.T511 Lan,for and In enmdemnn of • •
,I YY.3 1 d : r cash hand pee.Pic racer of hkb Ii hereby acknowledged end the enecnnmr end agreements herelmier conned,hag tnmed.denuded,kind and id,and ( f 47 ..
e ti. bye pecan], a de lease end id exclu,leery caeca the sae teas the led hereinafter dvvribed,with the nemdv dM for des • I
2'.$414‘114.'•!% I _exploring by[ry,hy ' rsl Ie natode,end opern'ng for end producing therefrom ml and all fu of whosoever men et or kind,with rights o way mod casements r
d t.1 "L- laying pipe l e I erection of arrvnurn thereon to produce,sae and lake can of sad products,ell the cerna Ind of lard deified k the Carry d • r 1
• Sate of Colorado I { .
J a) rALI ' described as follows. wn, (�•r , I
Zd tt(' Township 5 Werth, Peng. 67 West, EM P.P. {
I.M1,al t4 a•
(,yri S. Seetlon 24: wa, lass 1 except the SASSY} a 1 '•
Y 3! P �.
let 4ar , �.
F6 .[A p SEE E6H 1911 "A• AND '9n ATTACHED HERETO AND MADE A PART HEREOF d
6 ~y d Pi n,- \ t
i «.
r ' Wherever the fractional Interest one-eighth II/9th) appears In this lease, It Is hereby amended '• , '.j
( 4W.. to reed 100.}1p Percent (105) h
r y ,:1 .M f 100.00 wrv.nave n le'''' ♦
I~Et horn It le
id 'greed th dos shell In force for term on ,'.,.Ronan doe end ubneliernnu neler and wavers tetn or kind Is •_
4f `h pfey •
IMr I oil nd menus denotepuled eherewlih,n dr'n na openlbne are eaebrued es hereinafter prerbid.If.et in emplane of Net whinny
• a 1 ( f - p s m being produced sea the laved premiere or on arose puled therrelh bee deuce Is then eegegd In drilling or etwur%ting eperalav Ione of n 1x1 r'I ,' e. thereon,then Ih a lens shell - In I me long es ober-woes are being mrelnaul proaaad on the leased peanut or n Renege prded therewith;end 0••'( .A 141 4
� 4 f., nperetnna shell be considered be i sly groan,If not more then ninny(90)days.hell clap.[between the mmpkrle,or amn ion.en of pert wed end b' 99i
a ly•.3. the beginning of open f the dolling of a nheenere well.Jr alter discoed f of oil n tea pen mid lied or en emerge luokd dnrnehhth the prudential geed e r
5 ply ebwid tease Iron say I er de primed mot,this kale dull not amens 11 Inn eannenca eddbbrW drilling weans epenllere wen*nay • ft I!
d '(} 1 (ww.i (lithe ann
um Nina of hen o( union or an date of°n einnn or do hole.If ell o in shall be discovered sad pprcenc d as e rah d nA entwine t45.'1'k d
•......_.,,,er.t.i pooled therewith. primary learn of Jhla let,this le a shall continue In tors n and u cal a gam b ninon Hon the ltd i+mint et a cage r_. 41.:11-
2.TA' PAID-UPI SASS.In eon.nerak,e of the dawn cash stem i reT4-Werwbe idol `t 1 l
peynam.Leone a tees rho lace shell nos a obliged.n
•-•-: 1•••.104n4-•.R commence on anion any npevrann•during the pinery Term Late nny et any cone a times dieting t eller the pinery a nrrnekr this tau.s lo 9 a l et
4p t yp l said lard rnyunutamtonbydcluerngivLaworbyfilingforrecord.Neasetnitc,dberelind°falobligatingdtveaM • p
f I la g dry
r 1g A I.. Ke) I W !m !ins r. 'In said Lase covenants and egrets:
t ( L•,
1 r.�7c I T dd lien the credit a Lnun.Re<of con,In the pipe line in which Loses may roved well.ni cad land,the egad a edgMh f I(1)pal of C 4. itw �k
it ter as f i- 'I produced J and eased 1 the kited (,he gem y
M1 , ,r T pry Lan d I/tl d the inns proceeds each peer,marble puenetle.fog the gel from each well Were gem only b fond,ladle the acme .
tin is[ 4 Is bee,used Y fLe the pf sod if red In the manud.nure of gasoline a loyalty d cone-eighth(III).peyabe monthly a the plaallrng nark.,rata rem sea 1 ,.
' ra a 3rd.Tu h ptalted frown airy wind and cad off the
preemie t n the nwrefacten d gasoline a any ether product a madded pradghJ r _t e. t re ♦.
<;1:1.7j (ION Where
M%re ew al h h d IAe well,payable monthly ea de prevailing market rile.
1
r1 y L yl 4.Where gad(non a well capable of inducing gin n cot*old or used be¢nay pay a titer a'nerd n the mashy owners One Delldel '1
S t t meek y sae named I.rreuneer.arch Frowner%c lender le be made an n beans the seniveru.y doe of this levee it annuli,'eler the noniron per 900 l per mw
I t f i. Ow d et III .hen In end dentin on d before to fmrteerwy doe of this inn ducat the stye
2••1•141'.2..•:;, ' Rrd sigh anthem sleek 4.I(week pgvea a ender hi sad., f t w t r: '•�h will M W J then gee e bring pruned.hen the mnhnt of n h
J!ip a..', ) If d L m a Its intent n the done described lend then the cm ireend ealekd men ddide at &dente,then theag insides(Mcledin g any alrvda
I h T 1.1 gas royalty)herein Nonni the dell be p+d de lane only In a pegomHun which lair's merest bean n the whose and etdierdcd men. u t • 1 1 t
r "t, 6.Let,mall b„,the fight iota.free d con,gm, a end wan podreed n upend for Lmee's denim&wenn,ear<pl Ina fawn the welled(mi: .-*rat;
..` f r 1v }
t ���" I.When attuned by Lnv,Lane Abet burl Lents pipe line ben.plow depth.
f Fly t H well thud y drilled nee. than:W!m n,a Ina et bete now con mid preset without warren consent of Irv, f f
((kg t. 9 Lessee shall pay a Jan da cereal by laui r e amines to graven crops on said lend. • .e I t
Crlet'',I y • I0 he shall bore the Nair a any lithe re renanr sit machinery and growing
pieced on id premien.Lcludig the right to dna and rave nxj a a lent ( fd 3 tN:
eY(dL Siltr belied J Lame end laic hereunder may be assigned in whole or pun.No change la ownennpnl laenir Werra IM stermmn numbed shell • •a•• t `
rat' h to[full' Lessee Ilasn in hecnfurnishd wish notice,cornitini of certified cope ofaftreearierd Imc.Nr kind of t d ohoeronmabr etavey
r) Pfd chile of record title from Ian,end ilea my with reaped In p,Jmuenhtenaler node.Nao other kind notice.whnhm weal a ematroe , g i♦a, rive,shall be hind g Lea N p t future a,den of Lav s ownership ea In different portion re puma diva d said land than operetta n Serge the oblige- E a ;♦• t e t.
`jl ts yy I nen ar J' -A aeldelimit(Lessee,and ell Lessees riser,a emu be conducted without regard n any such dirubn.If all n aq part Welds km b mired,'- 777tr y ,.'• no Iceman eal le II hk f y ad or°mini n of any whet lunrhted near. 1 p a, 3/4.. e- f
II II.I<.. a b option. M by green the right and peas o'my Roe ltd!nen One W Ilene n a rearing right,either heron a all.LA) _p; alineyp of the end in peel or the rumchnW[fleedde ml conned a • F it 4' . ,I a:.
!(h any re of to h oeantl fern
Onetor 111
•a` :1 e by thin n I kW.Ina le ledos In the mania&vicinity ft to pectin-One d a1 d gar,n austerely men the production el eloper,win b lade f '
$ [1 • bodenat- I ,. y ala.omene don.end teneedwieder ou be ref sinter r this faun whh'nee<t to ouch ahem land,inn a Imo.LnIng. 1 ''f ',_m Fj •:a
t fg a units p Iy tortoni m Include esseekm not producing ell n gun,nay be teamed n exclude arch non-producing Icntbn.The Alai or nformin kf k.g •
i n 1a f y unit dull he iplJd Icy Lein wellshall or has theretofore Men a ndive't ups which In tnm fn drilling have(hereto!ben nmmnaraed.Pmdtelloo• p A 1.w
.' d c' d it reworking rewsw reworking
or a well tea le to nom of a market anywhere n a unit which include allot a pen of this kale shell be Hold n If h wen .` 7 ( A' I (F
' [x'e t % g caking interne t a well elan in fur lam le a narks ender d e Its.In In.d the royalties elsewhere herein apeti.'I.,beepq ehd•il • f I • •S
I F any I I theft receive oa .sndnn from the unit w nand royale,only me the ponkm of such production allowed n this laic such Wombs Yell {'� r •
1} g.'"`E-• ti he that prom I 1 nn pone,'dim the nal anther*fauna env angered by this lease and Included In the snit bars le the nil mamba a d sedan:',.:9:1 '•1 1 •acres^n h it I JJ can in the foregoing.Lex,Abell have the right n seine.pad,or combine dl t any pea of the abets decrial bode as le pen n
e- thereunder with ether land,In the name general area by enuring Wp p.nm t 1
• di i r a r
1 1 h. y and,tone Ong be rinse,with like wined in modify,change t bleak by or b unit peened reee4 aacb eve .ih.km by 1, . t - k
/ LL A Y p I I Mt t ed c n such tam, 1 sane, k • I ,.
• {1.• • cenema. e,pennant J this Tau.hell 0-deemed modified a fed to*net rcgnre n lie a kn. and Implied.mpied.she d be a dsflcd by<o pli ice l nth peke eg'i'. t •6 ri c .,�,tgnp;Yd Of end den it nd.prof seirpl;for agrearMJerM1Mslmngunlrfnadd .te pa dt inlif d beraaa by complianceet t etch` snit d •`
1 e - end above
m e of such plan oragreement.end this all not terminate m l r c during to fire of such plan a'greened Wh net le do sae the s i'.$14t tJ'• therefrom
described I In endpnnorm r.Se lMDcQned bzn.id M& f ahnvucmwieetred Pan dd ennlueramt it had ell for de pinyon, � & ( f th<rp li Is'dowered differed i p1Iaannkma,n la I nab rd lox d pl ton pr dudunr e slimmed e ul end pe.,6.. Ind of led Yeoe for e an .nine eey t 'Ctf ' / f J
a ! eimhpu" t Ore In' in he mid henenix i to lab e k o&cskd hewing been producedsr.form the ponly as y°e� ed,y aAaA,R k Abated end ml n t( i•
t M aarnica rnica ro II�and l nryalppeynof a nhen,cat o andnllo *lullLaceen uapmpnhbyin nifait ff.Yy..W.tia.te9feg S npm Lem ua( i fv r
3 'al. ' of Leese any cugcra.stun Pine Ik•<I Ttherein,- r• by'.4. M approved by any gdgin ee�q d't Wen epee t4n1 O• • t t d
t I). All ropers it implied covenants of thin lea man be subject be nil Federal and Sure Lawn,EA Relive woof. �I fblwbn,d Ihb Ina Yu9 '�4' T! }, we he tern in.a in wade n Inset pan,net Lns hcd libk in damage,met me comply tgly therewith.If°merli ns b prevm bat,er of suds When le the ' i.
r d- resell of,any nth Law,Order,Rule t Regulation. t
.P.;.....•;t14 Lawn henlry wsrnma and agrees ea defend the rile m the land,herein de.crled,and agrees that the Lines shall an the right id•my die a',i'.l ! a 'Si•l
:.e,' at !r Lmwe ny�payment. y nmgeg[ft that t ear liens an the eeo•e described lands,in the eves e(default n/payment lases and a'!�^'} daadmrb�gr I' f •. E
♦ rig his of the M J than!.and the undersigned Lena,,kw tannelry end tar heirs,awmeas an assigns,hereby,errendebal d reken e9 rigs s.l done.,and 1
burn:end' tap Jcscribd heren,hoofer as tail right of doter end homestead nny b any way effect de Wgua row ehkh this kne h made• ret(tpd hawk- nt•i •�s r 4
I5.Shield y Muff or a penes hercinbove named u Leon'fail to execute this kale,n call teenhele..be bnndag upon ell tech perm who der d t ( r I f
rr<ak it L The N"Last,"es need la this true,shall mein end one t more t dl of to pani[f who[fmne thin kale u la...A9 We gesdsby'h4"" fl
i•g e of this lease shall a hireling n.t sin,imminent
and edtam of Late and tarn
it. ;.Sh:T IN WITNESS T worO".eves .'ie vied Is.tuned v of la dame Rnt a bare written. -thl I[ ', g -
f / I Aid 4 //l//tai (///�/'1 ydy�, Aa
Citi 1; Duke Lee Phlll Ipe 1` '
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;:•.4-_7L •':{lti B 1381 AEC 02331359 05/03/93 13:16 $20.00 2/004 1-.4.f t < k
'le,7e '..c:;'' 4....p.7 rant n .s ant o. F 0962 MARY ANN FEUERSTE IN CLERIC & RECORDER W LD CO, CO �' a _.I 'F.'
r'i `IPr{t 13=.� STATE OF Colorado Oklaheam,Kano,N..Mexke,W...nknr,M.n.n.,Cd.n0.,Lash, 1,.,:,-i '?.-..1
c' 1 d,M } /�, 1 Nehranke,North II. a,Satoh Ihtkma J
lIr T,r' } COUNTY OF LVl liWr ) u ACKNOWLEUGMf_,T INUIYWUAL 'c
tiIL• jI s
el�i1.�! 1_' BEFORE ME.do undersignd,a Notary Public,In and for said County and Stale,a this 30th ' f 31 }; Z I
A ¶a. ",•V dal of April , 19 93 personally appeared Duke Lee Ph ll f fps, • mere led man data trig 2 a t Y f, a
SY In hla sole and separate property ' ( •' a l )
Y
etx{.I
1t/ t t
a1 cxi,}rat not x II
ak t , f" r .m me known to be the identicaldetrital
11Rk a1,i:11.4124person In and rho exeeu'ed t` a•
sot 4S�,20,1 . the within and fnrep'tog nm rutnem of writing and acknowledged Co tote that he duly executed the same as Ala I.re _
n Ikd �; and voluntary Kt and decd for the uses and purposes therein sot forth. Y d
1 +, • g
a�t«,..3 7, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my nourial seal the,dot sad year last above wattle,. • ^'
9. a^! 'K ti. MyC,,mt .a,nnExpiras R-.3I'QIe ,�na0nN �f- .
r�.n Ryv7 t Notary Public l ,*,•.‘'...3,r .• .1
1 t F - d �- Address' ISIL1 Oat 410 t
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x 4 e 7- ..g,v KAREN A ARMBRUST dkCQt v 1
Inyt 11�kx l'r STATE OF COIARADO m+e ' a �: el
}ti�11s 1'1`' STATE OF � yY 1 a n �.
`14. I. _ nNe NaNe.htvb.Wymdn`,htmtdm,CalenM,Utah'
y g T'
af�t3'i+L COUNTY OF Nehoxha.LECG D.kmy con U.Fm. d' t t e a:.
n u ACKNOWLEL'GMENT—INDIVIDUAL w r • Li'.
Ah
7;tot.'t•[[ BEFORE ME.the undersigned,a Notary Public.In and for said County and Stale,on this k' a Yak
ea 4...n
! A *I.4%,214.1 day of I9_�personally appeared - ,.:v -T Y + n• trl�
bYy a'.fr. s ,r . r a
tatart.h1.,I - vww l
t4.3.4,•;:,154-e"y y •. and
pl i a artrt — to me known to be the identical person desenbed In and wb ea sw.d a t
�+ is 1 b • the 'shin and foregoing instrument of willing and acknowledged to nsc that duly executed Oa ante a �i fs« . 1' r' I'
ie a• #i' ads and voluntary act and decd for die uses and purposes therein act forth. . •.t • t, g Y f
!"t"9 f d"f 4... _ IN WITNESS WIIERCOF,I have hereunto act my hand and affixed my notarial scsI the day and year last above motes q y. Li- • t t
'At' -e f~41 ' My Commission Expire. . • a
't}/a>'�.2 f,: Notary FLblk f t,Aw g 7 r it r .� r ,(rl.
f �'•�PY G + i .: Address: - 'l t- I.
A}•,. dC v�4 i::.. . .----4,'4, 1` 41,;i _ c !(
1_ "f61� STATE OF ACKNOWI.Fl)OAIPM(Fr m 1p Catpwlbe) s'7rA•.
bat1gti' COUNTY OF }a .h Ss. I. Tk r aLrf{
t
a d � ,
ilk rir}��*7i< On this day of A.D. 19_� before ma penomtl!)r,rrYn gr .
T}fy y!)' a. y appeared to me personally known,who,being by 4 Y
f
.Fr1.,rVrl 3`u me duly sworn,did say that he is the of ^rT yt A - s s 1
l of �F . il' !
I, ray kf •,and that the sad affixed to saki Immanent 6 the evspaase sal o f a"— I o G ,k
6./. )x;1.1-a .said corporation and that said instrument was signedand scaled in behalf of said corporation by authority of Its Bard of Dlrtetont,and old
u▪ "I�rsar; acknowledged sand Instilment to be free act and deed of said corporation ` v r ' r y ,y
s ST t to M1 M1 1
] p t.`, Wilnns my hand and seal this day of
lLL}L g 4$Q : s h y ..a
s-�f •*'k' . Not.y wblic S* m
r m 'alt});� i (SEAL)
ry h.,yl+faro`, hly Commission expires a/rr"ki'sr• -�• s a
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• • 'll' F 0963 MARY ANN FEUERSTEIN CLERIC d RE'3RDER WELD CO, CO `
l i'P'-r4 ' a
�k� , r EXHIBIT "A" ,„4u -‘."1:1% L°i
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t 4X1.1. -.•it, ATTACHED HERETO AND MADE A PART HEREOF TO THAT CERTAIN OIL AND GAS v t" '
4 > r ,i: _ LEASE DATED APRIL 1, 1993, BY AND BETWEEN DUKE LEE PHILLIPS, A MARRIED r I . ''• t
{vrr Pi,,{,: MAN DEALING IN HIS SOLE AND SEPARATE PROPERTY, AS LESSOR, AND PRIMA • • I • A
�, is lg: OIL & GAS COMPANY, AS LESSEE. �. _,• t �j
Is T� t"t-EY . _ t
,'`. •11 : The following provisions shall control over any inconsistent provisions In the printed • fW. s t-
^' 3`t t form of the lease. + f t
• Elx+r^:I c' The Property subject to the Lease contains acreage adequate for drilling seven wells c ` ,.•: i ,
rt ' .i �, assuming 4O acres are allocated to each well. This Lease shall limit Lessee's t ?� #;t. .
�}� �; � leasehold interest to those formations lying between the surface and the deepest ` - ij t .t,• �Orl .'.
r` �t ,•37. i,: depth penetrated by any well drilled on the Property by Lessee within three years from ' I w I ` •
dfk°.' t'I4 the date of this Lease. At the end of such three year period, all formations lying ,, to I F l: :_
Y'11., 1` i .. below the deepest depth penetrated by any well drilled on the Property shall be e
. 1 1,I:4P; deemed to have been released by lessee. Lessee agrees to drill a minimum of three .' , . L, ' ti
+\Off,v4"-..."2
100-4,-!.3.1. wells on the Property within three years of this Lease, (the first such well to be - 1t* • I .t; '
d �`.t,Iy commenced within 18O days of the date of this Lease)q. . In the event the first well Is " , s .:,.-t-:.;
t4+ k 'b y not commenced within 18O days of the date of this Lease and/or If three wells are not --1 ;.;
):• ,,uts,�tr. • drilled within three years of this Lease, Lessee's rights under the Lease will terminate -I, ` ',,I' ,t
4�r{�'�,,'`, as to all of the Property (except 4O acres surrounding each producing well drilled by 1 I.-:. � s I ,,r '
'14
, I7 ,l 4 Lessee, If anyl, and the Lease (subject to any 4O acre tract surrounding a producing t . r
, y� �; well) will be released by Lessee. It Is also agreed that at the end of the sixth year ,r
` \ +\ ,ti - from the date of this Lease, Lessee's rights under the Lease will terminate as to all of r ,� f -,
i", � •
the Property on which there are no producing wells drilled within 4O acre drill sites, i t e . •.
•tn•+St if ` and the Lease (subject to any 40 acre tract surrounding a producing well) shall be A •}) •
'if>' O�g� t,. released by Lessee. In the event that as of the end of the Sixth year from the date '. , 1e
u• ,, ' ' of this Lease, any well drilled on the Lease should be shut-in cr not producing in �r ` ,
to ? .L'.} commercial quantities (that is producing net revenue of at least $25O per month),and • �
. d3 r should such well continue to be shut-in or not to produce in commercial quantities for I . , , • r.• '
.tom•"$ ;: 13O days following the end of such sixth year, then Lessor may notify Lessee In
Z j-L1,214 -. writing pursuant hereto and demand Lessee either immediately commence remedial ' k .
•
• i�' v �L work to increase the production or plug and abandon the existing well, reclaim the
1/4",•••,r- -s,[I,• wellsite, and release the Lease insofar as It covers the well and surrounding 40 acresf t ,'_
44;4F L"r to Lessor. If Lessor demands that Lessee continue remedial work to. Increase F .. , ;.
,r't„ d. ' production and Lessee fails to do so or is not able to obtain production In commercial " ae ,. I "r tt.
t .
.. +g quantities within 9O days after demand, then Lessee shall plug and abandon the well, w - f -`
"ltyV}$' , reclaim the wellsite and release the Lease Insofar as It covers the well and surrounding 4�.'�R!'�t 45-' E. L'..}„........1:,t
Yet y 1 i
ti'''-t , 4O acres to Lessor. Prior to commencing actual drilling operations on any well on the 7F“ . - ) d` ,
r b. Property, Lessee agrees to consult with the Lessor and locate all wells,. roads, and • ".;' ...r t F• t I-
by' h production facilities as nearly as practical In the approximate locations shown on the Fs ' f
j1:-#.)I• r_.' ' map attached as Exhibit "8' unless otherwise agreed upon. y t••Y JAI I•+' or
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tytJ4al} •' F 0964 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO -
h 1i C. r i�.' .:J11..t•:*:
I
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i 4 e zt 4; ATTACHED HERETO AND MADE A PART HEREOF TO THAT CERTAIN OIL AND GAS h7F. 1 r
•{ 10043}7'D LEASE DATED APRIL 1, 1993, BY AND BETWEEN DUKE LEE PHILLIPS, A MARRIED � 1
ifillS 1,1i ' ' MAN DEALING IN HIS SOLE AND SEPARATE PROPERTY, AS LESSOR, AND PRIMA �'e . • p.• I
t��.,..re.3.pa OIL 14 GAS COMPANY, AS LESSEE. •i '^+.,. :' ,'. _< I
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Form Approved•OMB No.056P0125-
U.S.DEPARTMENT OF AGRICULTURE 1. ST.&CO.CODE&O/D 2. SIGN-UP NUMBER
7) Commodity Credit Corporation 08 123 #18
CONSERVATION RESERVE PROGRAM CONTRACT . CONTRACT NUMBER 4. ACRES FOR ENROLLMENT
/3 fad 2 .o- &Lg. 1 ,.
7. COUNTY OFFICE ADDRESS AND PHONE NO. (area code) 5. FARM NUMBER 6. TRACT NUMBER(S)
Weld County FSA Office 1095 5841
4302 West 9th Str Rd 6. OFFER(Select one) 9. CONTRACT PERIOD
Greeley, Co 80634 STANDARD FROM(M/D/1) TO(44/0/19
970-356-8097 ENVIRONMENTAL PRIORfTY 10/01/99 9/30/2009
THIS CONTRACT is entered into between the Commodity Credit Corporation(referred to as'CCC')and me undersigned owners,operators,or tenants(who may be referred to as
'Owner-. "Operator.and Tenant',respectively)on the farm identified above. The undersigned person or persons may hereafter rhencevey be referred to as'the Participant' The
Parnapant agrees to place the designated acreage into Me Conservation Reserve Program('CAP)for the stipulated contract period from the date the Contract is executed by the
CCC or other use set by CCC. The Parac/pant also agrees ro implement on such designated acreage Me Conservation Plan developed for such and the Participant Additionally,the Participant and CCC agree to comply with Me terra and conditions contained h this Con acreage and is Coned by rib CCC
including copy of
Contra4 entitled
Appendix to CRP-t, Conservation Reserve Program Contract(refereed to as Appendbr'). ay Signing below,the Participant adtrwwtedges car a copy of the Appendix for the
applicable sign-up period has been provided to such person. Such person also agrees ro pay such Yqu/dated damages in an amount specified in the Appendix if the Pard:Pant
withdraws prior to CCC acceptance or Injwaltnr. This Inns and conditions of this contract ere contained In this Fula CRP-I and In the CRP•I Appendix and any addendum
thereto. at'SIGNING 77415 CONTRACT PRODUCERS ACKNOWLEDGE RECEIPT OF THE FOLLOWING FORMS; CRP-I;CAP-I Appendix and any addendum thereto;
CRP-7;and If applicable,CAP-15 and CRP-I Continuation.
10. OFFER FOR PERMISSION TO ALLEY CROP
In order to participate in CRP under CP19,Alley Cropping, Uwe submit an offer of $ per acre reduction, from the
amount specified in item 11A, in the annual rental payments for permission to produce agricultural commodities on eligible acres in
accordance with the provisions for alley cropping set out in the applicable regulations. Uwe understand that for each year of the CRP
contract the annual rental payment will be reduced by the amount agreed to above, which reduction must be a reduction of at least 50
percent in the annual rental payment.
11A. Rental Rate Per Acre $ 3-7,^G• 12. Identification of CRP Land
B. Annual Contract Payment $ I I,J Z4., A. Tract No. 8. Field No.! C. Practice I D. Acres i E. Total C/S
C. First Year Payment $ 5841 1A-1E CP-2 .2 .3 i Z.=2i
20 .J $3�, 2
(Item 11C applicable only to continuous sign up 1
when the first year payment is prorated)
I i
13. OWNERS,OPERATORS,AND TENANTS
A. OPERATOR NAME AND ADDRESS SOCIAL SECURITY NUMBER
Duke L Phillips 571 34 0482
2209 Flora CLoveland, Cot 80537 IOOYe SIGN 1REd � Vti, DATE /f..›
8. OWNER NAME AND ADDRESS SOCIAL SECURITY NUMBER
, SIGNATURE DATE
%
C. NAME AND ADDRESS SOCIAL SECURITY NUMBER
!SIGNATURE jDATE
5 }
14. CCC USE ONLY-Payments i SIGNATURE OF CCC REPRESENTATIV (DATE
approved.to the shares are L fl L_ C r 7 y
approved. 'tl. 1h// ✓/ l..Gf¢J /�t I
NOTE: The following statement is made in accordance with the PrHWcy Act of 1974/5 USC 552.1 and No Peperwoie Reduction Act of 1995.as amended. The s'c'arf for requesting the
following information is the Food Security Act of 1985.(Pub.L.99-/99).as amended.and regulations newlywed t 7 Cm PART 1470 and tit Infemel Ravens Cade t26 USC 61091.
The infomcdon requested is necessary foe CCC to consist and pmeaas the offer to enter into a Coasee radon Reserve
determine the comet parries to the contract. W the requested b/omsdon Is warnrequested ques infomu,to r m Wrtmirnp eatonof and to
ca.tow program°merlts and outer linanclal assistance adaMNHwed by USDA agency. This tonnedon to furnish the .genciee,I wit,ape N nr of determination of other Star for
they be ns owed to aNr acanei IRS tt nisof Justin,or &2 7.St 3 7and
.
Fedora;61, tOt;Law en/USC 774 ;and JI and in response m a COPT magistrate f administrative Pt t/IaeY( The plpY/1%tw of criminal and civil fraud statutes,including is USC J9B,I97,J7I,
66 J, 1001; i5 USC 71Nn;and JI USC 3729,may be apppcebla to the information pwrded.
Federal Agencies may nor conduct or sponsor,and a pavan is not required to respond to.a coebeden of Information unless it
reports burden for this collection of information is eernared to 4 minutesaingNW a currently s valid g ex control to sources.gathering
ac
9the collection
per men. Send 000wnp the ems for reviewing instructions,estimate
wry Other
p eexpect data coof
andin maintaining the din needed,and reducing
completing s and oven,top meat oft g icultuuWn. comments remitting We 0560 armors orSTOP 7630,other expect of tab C.
2025n 7
RETURN
T.S FORM
far reducing U Twit s Department of Agriculture.daaraeee Ol'9er.D/RM�/Oda No.066001751, Washington.O.C. 707507670.
RtNRN THIS COMPLETED FORM TO YOUR COUNTY FSA OFRCE
Ras program or activity will be conducted on a nondiscriminatory basis without regard to nice,color,religion,national engin,age.sex medal status,or disabily.
•
REPRODUCE LOCALLY. Include form number and date on all reproductions. Form Approved OMB Na.0560-0125
CRP-1 (Appendix) See CRP-1 for Privacy Act and Public Burden Statements
(02-12-97)
U.S.DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
APPENDIX TO FORM CRP-1, CONSERVATION RESERVE PROGRAM CONTRACT
•
1 DEFINITIONS
The following definitions are applicable to the Conservation Reserve Program(CRP)Contract:
A CRP contract or CRP-1 means the program documents including the applicable
contract appendix,conservation plan and the terms of any required easement, if
applicable,entered into between CCC and the participant Such contract shall set forth
the terms and conditions for participation in the CRP and receipt of CRP payments.
• B current arrirultnnl market valor for offer evaluation purposes means the amount in dollars per acre,
determined by CCC to be the adjusted price at which the land placed in the CRP could be rented based on
the average cash rental a or equivalent,per acre,paid for dryland cropland at the time at which this
contract is signed by the participant.
C Vevetative cover means perennial or permanent grasses,legumes,forbs,and shrubs with a life span of 10
years or more,or trees.
D All other words and phrases,unless the context of subject matter otherwise requires,shall have the
meanings assigned to them in the regulations governing the Conservation Reserve Program which are
found at 7 CFR Part 1410. --- . . ..
2 ELIGIBILITY REQUIREMENTS FOR CONSERVATION RESERVE PROGRAM
A By signing the CRP contact,the participant,except in the case of persons qualifying solely as a tenant,
certifies that such participant will control the land subject to the contract for the contract period and, if
applicable,the easement period and shall,upon demand,provide evidence to CCC demonstrating that such
participant will control the land for that period.
B Land otherwise eligible for the CRP shall not be eligible,except as agreed otherwise, in writing, by CCC,
if the land is subject to a deed or other restriction prohibiting the production of agricultural commodities or
where a benefit has or will be obtained from a Federal agency in return for the participant's agreement not
to produce such commodities on the land during the same time as the land would be enrolled in the CRP.
By applying for the CRP contract,the participant certifies as a condition for payment that no such
restrictions apply to such land, except as agreed otherwise,in writing,by CCC.
3 RESTRICTIONS ON PAYMENTS TO FOREIGN PERSONS
A Any person who enters into this CRP contact or participates in such contract at any time who is not a
citizen of the United States or an alien lawfully admitted into the United States for permanent residence
under the Immigration and Nationality Act(8 U.S.C. 1101 et.seq.)shall be ineligible to receive annual
rental payments under this contract unless such person meets the requirements of 7 CFR Part 1400 which
shall be applicable to this contract
CRP-I(Appeoth)(02.12.97)Page 2
B Persons succeeding to a CRP contract subject to a reduction in payment under this paragraph 3 for any
preceding party shall not be eligible for payments during the contract period greater than those that could
have been received by such preceding party.
4 AGREEMENT
A The participant agrees:
(1) That the applicable CRP-I and its addenda shall be considered an offer to enter into the
Conservation Reserve Program on the terms specified on Form CRP-1 and its addenda. The offer,
until revoked, may be accepted by CCC provided further,that,liquidated damages may apply in
the case of a revocation as specified elsewhere in this Appendix;
(2) To place eligible cropland into the CRP for a period of 10 crop years,or as agreed to by CCC for
a longer period not to exceed 15 crop years,from the effective date of the CRP contract executed
by CCC;
(3) To comply with the terms and conditions of the Conservation Plan;
(4) To establish,maintain,and replace,as specified in the CRP contract, the practices agreed to in the
Conservation Plan;
(5) Not to harvest or sell,nor otherwise make commercial use of trees or forage or other cover on the
CRP land including the shearing or shaping of trees for future use as Christmas trees(the
participants may conduct pruning,thinning,stand improvement,or other activities consistent with
customary forestry practices on land that is planted to trees);provided further,however,that CCC
may,in its discretion and only in writing or by publication intended for a general allowance for
CRP lands in particulat.States or regions,permit,in certain emergencies,certain commercial uses,
as specified by CCC,which may be conditioned on a reduction in CRP payments otherwise
payable under this contract;
(6) Not to undertake any action on land under the participants control which tends to defeat the
purposes of this CRP contact,as determined by CCC;
(7) To annually certify crop and land use for the farm with the COC on the appropriate form,
accurately listing all land enrolled in CRP on the farm,not later than the final reporting date
determined and announced by the Farm Service Agency,or successor agency;
(8) To control on land subject to a CRP contract all weeds, insects,pests and other undesirable species
to the extent necessary to ensure that the establishment and maintenance of the approved cover is
adequately protected and to provide such maintenance as necessary to avoid an adverse impact on
surrounding land taking into consideration water quality, wildlife and other factors;
(9) Not to disturb the acreage under contact during the primary nesting season for wildlife, except as
approved by CCC;
(10) To annually file required forms requested by CCC for payment limitation determinations;
(1 I) During the life of the CRP-I,to not produce an agricultural commodity on highly erodible land, in
a county which has not met or exceeded the acreage limitation requirement of 7 CFR Part 1410,
which the participant has acquired or may acquire on or after November 23, 1990, unless such
land,as determined by CCC,has a history in the most recent S-year period of producing an
agricultural commodity other than forage crops;and
0
CRP-I(Appendix)(02-12-97)Page 3
(12) Any payment or portion thereof due any producer will be made by CCC without regard to any
question of title under State law,and without regard to any claim or lien which may be asserted by
a creditor, except agencies of the U.S.Government Offsets for debts owed to agencies of the
U.S. Government shall be made prior to making any payments to producers or their assigns.
B CCC agrees,subject to the availability of funds,to:
(.1) Share the cost with owners and operators of establishing an eligible practice,or an identified unit
thereof,agreed to in the Conservation Plan,except that, in no case may the share of CCC exceed
an amount equal to 50 percent of the price at which the land placed in the CRP could be sold for
use as farmland at the time at which this contract is signed by the participant,unless the CCC
otherwise approves such amount,provided further,that such approval must specifically reference
the particular land placed in the CRP under this contact;
(2) Pay the agreed-upon annual rental payment,including any incentive payment, based upon the
shares to which the parties have agreed as set forth on Form CRP-I fora period of years not in
excess of the contract period;
(3) Pay to the participant,to the extent required by CCC regulations,an interest penalty on cost-share
payments,incentive payments,and all annual rental payments not made by the date,as determined
by CCC,the payment is due;
(4) At the time of contract expiration or termination,reinstate the allotment or quota,required to be
reduced for participation in the CRP,subject to the regulations governing Federal farm programs
except that in no case may such reinstated allotments or quotas exceed the amount that would
have been applicable had there been no CRP contract;
(5) Make annual rental payments after October 1 of each year of the contract period.
5 CONSERVATION PLAN
A Subject to the approval of CCC, the Conservation Plan will include some or all of the following
information and requirements:
(1) The vegetative or water cover to be established on the CRP land;
(2) A tree planting plan, developed in cooperation with the Forest Service, if trees are to be
established as the vegetative cover on the CRP land;
(3) A schedule of completion dates for establishment of the cover on the CRP land;
(4) The level of environmental benefits which must be attained on the CRP land;
(5) Any other practices required for the establishment or maintenance of the cover on the CRP land
including weed, insect,pest,and other controls of undesirable species, and such maintenance as
necessary to avoid an adverse impact on surrounding land as determined appropriate by CCC,
taking into consideration the needs of water quality,wildlife concerns,and other factors.
(6) The acreage will not be disturbed during the primary nesting season for wildlife as determined by
CCC.
B By signing the Conservation Plan,the participant agrees to implement the practices specified in such
Conservation Plan on the CRP land even if such practices differ from those listed in item 12 of Form
CRP-I.
M , ,
CRP-I(Appendix)(02-12.97)Page a
6 COST-SHARE PAYMENTS
A Subject to the availability of funds,cost-share payments shall be made available upon a determination by
CCC that an eligible practice,or an identifiable unit thereof,has been established in compliance with the
conservation plan and with appropriate standards and specifications.
B CCC will not make cost-share payments in excess of 50 percent of the actual or average cost of
establishing the eligible practice specified in the Conservation Plan as determined by CCC. It is
understood that all cost-shares from all sources must be reported to CCC and that a reduction in the CCC
cost-share may be made if there are other cost-shares received. Such reductions will be made to the extent
required or allowed by the program regulations.
C Except as otherwise provided for in program regulations,cost-share assistance may be made available
under the CRP only for the establishment or installation of an eligible practice. In order to receive
cost-share assistance,the participant,upon completion of the practice,must file Form AD-245 or similar
form approved by CCC, for approval by CCC,with the county committee.
7 - - PROVISIONS RELATING TO TENANTS AND LANDLORDS
A Payments shall be not be paid under this CRP contract if CCC determines that
(I) The landlord or operator has:
(a) when the acreage offered is not enrolled in the CRP at the time of signup:
(i) not provided tenants who have an interest in the acreage being offered at the
time of signup an opportunity to participate in the benefits of the program;
(ii) reduced the number of tenants on the farm as a result of or in-anticipation of
enrollment in the CRP.
(b) when the acreage offered is enrolled in the CRP at the time of signup,not provided
tenants with an interest in the CRP contract acreage an opportunity to participate in the
benefits of the program it
() the tenants are otherwise involved in fanning other acreage,as determined by
CCC, on the farm at the time of signup; or
(ii) the tenants have an interest in the acreage being offered on the effective date of
the new CRP-1.
(2) The landlord or operator has deprived any tenant of any benefits to which such tenant would
otherwise be entitled.
(3) If any such conditions as identified in(1)and(2)occur or are discovered after payments have
been made,all or any part of the payments,as determined by CCC, must be refunded with interest
and no further payments shall be made.
B After this CRP contract is approved,the operator or tenant may, if approved by CCC, be replaced for
purposes of the CRP contract and for payments to be made under the contract if such tenant or operator, as
determined by CCC:
(1) leaves the farm voluntarily or for some reason other than being forced off the farm by the
landlord or operator in anticipation of, or because of,participation in the program;
CRP-1(Appendix)(02.12-97)Page 5
(2) fails to maintain the tenancy,as determined by CCC,throughout the CRP contract period;
(3) files for banlauptcy and the trustee or debtor in possession fails to affirm this CRP contract;
(4) dies during the term of this CRP contract and the administrator of the tenant's estate(or a similar
person with authority to administer the affairs of the tenant) fails to succeed to this contract within the
time required by CCC;
(5) was removed for cause,as determined by CCC.
C The removal of an operator or tenant from the agreement shall not release the tenant from liabilities for
actions arising before such removal.
8 ERRONEOUS REPRESENTATION AND SCHEME AND DEVICE
A A participant who is determined to have erroneously represented any fact affecting a determination with
respect to this CRP contract and the regulations applicable to this CRP contract,adopted any scheme or
device which tends to defeat the purposes of this CRP contract,or made any fraudulent representation with
respect to this contractsvill not be entitled to payments or any other benefits made in accordance with this
CRP contact and the participant must refund to CCC all payment received by such participant,plus
interest and liquidated damages thereon,with respect to the CRP contract Such liquidated damages will be
determined in accordance with paragraph 9 of this Appendix.
B Unless CCC regulations provide otherwise,refunds determined to be due and owing to CCC in accordance
with this CRP contract will bear interest at the rare which CCC was required to pay for its borrows from the
United States Treasury on the date of the disbursement by CCC of the monies to be refunded. Interest will
accrue from the date of such disbursement by CCC.
C The remedies provided under paragraph SA of this Appendix shall be applicable in addition to any
remedies under criminal and civil fraud statutes,including I8 U.S.C.268,287,371,641, 1001; 15 U.S.C.
714m;and 31 U.S.C.3729, or any other remedy available under law.
9 LIQUIDATED DAMAGES
It is mutually agreed that in the event the CRP contract is breached by the participant,the CCC will suffer
substantial damages which may not be possible to quantify with certainty. Therefore, in addition to the refund of
payment's received plus interest due,for breach of contract as prescribed in this contract,the participant agrees to
pay an amount equal to the product obtained by multiplying:(1)25 percent of the rental payment rate per acre on
Form CRP-1 by, (2)the number of acres that are the subject of the CRP contract Such amount shall be due as
liquidated damages in addition to such other damages or amounts as may be due,and not as a penalty.
10 NOTIFICATION OF CHANGES TO TERMS AND CONDITIONS OF THE CONTRACT
CCC agrees that, if any changes of any terms and conditions of this CRP contract, including changes necessary to
reconcile the practices listed on the CRP-1 to those specified in the conservation plan, become necr«ary prior to the
date that this contract is approved on behalf of CCC,CCC will notify the persons signing the CRP-1 of such change
and such person will be given 10 days from the date of notification in which to agree to the revised terms and
conditions or to withdraw from the offer. The participant agrees to notify the CCC of an intention to withdraw from
the offer within 10 days from the date of the issuance of such notice and further agrees that failure to notify the CCC
will constitute agreement to the revised terms and conditions.
11 CORRECTIONS
CCC reserves the right to correct all errors in entering data or the results of computations in the CRP contras
CRP-1 (Appendix)(02.12-97)Page 6
12 TERMINATION OF CONTRACT; JOINT LIABILITY
If a participant fails to carry out the terms and conditions of this CRP contract but CCC determines that such failure
does not warrant termination of this CRP contract,CCC may require such participant to refund,with interest,
payments received under this CRP contact,or require the participant to accept such adjustments in the subsequent
payment as are determined to be appropriate by CCC. Participants that sign the CRP-1 with zero percent interest in
the annual rental payment shall not be held responsible for contact compliance.
13 CONTRACT MODIFICATIONS
A CCC may modify this CRP contract to add,or substitute certain practices when:
(1) The installed practice failed to adequately control erosion through no fault of the participants;
(2) The installed measure has deteriorated because of conditions beyond the control of the participants;
and
(3) Another practice will achieve at least the same level of environmental benefits.
B Concurrence of NRCS and the conservation district may be obtained by CCC when modifications to this
contact involve a technical aspect of a participants Conservation Plan.
14 EFFECTIVE DATE AND CHANGES TO CONTRACT
The CRP contract is effective when,as determined by CCC,it has been signed by the participants,and an authorized
representative of CCC. Except as otherwise determined by CCC,as permitted by regulations or other law, the CRP
contract may not be revoked or revised except by mutual agreement between the parties. Within the dates
established by CCC, the CRP contract must be signed by all required participants.
In the event that a statute is enacted during the period of this CRP contact which would materially change the terms
and conditions of this CRP contract, the CCC may require the participants to elect between acceptance of
modifications in this CRP contact consistent with the provisions of such statute or termination of this CRP contract.
15 REGULATIONS TO PREVAIL
The regulations in 7 CFR Part 1410 for the CRP are incorporated herein. In the event of a conflict between these
regulations and the terms of this Appendix,the provisions of the regulations will prevail.
This pragrom or acslviry will be conducted on a nondtrariminatory bare without regard to race,color,religion,natural origins, age,r¢marital status,
scud orientation,or disability.
PRODU( B-PAID UP
Rev.5-60,- —2—eµ.
OIL AND GAS LEASE
AGREEMENT,Made and entered into the tat day of Apr i I , 19 93 by and between
Duke lee Phll l les. a married men dealing in his sole end separate property
Whose post office address is 2500 Linden Avenue, Boulder, CO 80304 hereinafter called Lessor(whether one Or more)and
80202
PRIMA OIL 8 GAS COM'ANT whore poet office address Is Irbil Rrnadaay eta elan mover rat lurtiaha allot Laam
Ten and more
WITNESSETH.peW, ,That the Lessor,for ad hi consideration of DOLLARS
ash in hand paW the receipt of which Is hereby acknowledged,a and the covenant,and agreements hereinafter contained,his grand,demised,leased and let,end
by these presents does grant,demise,hue Indite exclusively unto thesaid Lamm,e L ,the lad hereinafter described,with the eululve right for the porpoise(mining,
exploring by gaPysical other melds,and opanong for andproducing therefrom di and all gas of whatsoever nature a kind,with rights of way and easements
fee laying pipe floe,and erection of structuresdamn to product,save save and take sum of said products,all that certain tract of land situated in the Casey of
Weld State of Colorado
described as follows.to-wit: •
Township 5 North, Range 67 Nest, 6th P.M.
Section 24:•M/2, less g except the SN}Sin}
SEE EXHIBIT "A" AND "B" ATTACHED HERETO AND MADE A PART HEREOF •
Wherever the fractional interest one—eighth (I/Bthl appears In this lease, It Is hereby emended
to reed twenty percent (208)
and containing 280.00 rtes,more Or lets. Three (3)
I.11 Is agreed that this lease shall remain In force fora term of Nil yam from this date and as long thereafter as oil or sr of whatsoever nature or kind is produced
from said leased premises or an scrums pooled therewith,or drilling operations are continued as hereinafter provided.If,as the expiration of the primary term of
this lease,oil or gas is not being produced on the leased premise or on acreage pooled therewith but lessee I.then engaged in drilling or re-working operations
thereon,then this lease shall continue In force so long a operations are being continuously prosecuted on the lased premises or on acreage pooled therewith;and
operations shall be considered to be continuously ppaaccuted if not more than ninety(90)days shall elapse between the completion or abandonment of one well and
the beginning of operations for the drilling of a wbaeq,as t well.If alter discovery of o8 or gas on said lad or on acres a pooled therewith,the psductlon thereof
should yycease ream any cause after the prmary tamm,ebb lease shall not terminate If Lessee commences additional drilling or re-working operations within ninny
of If oil or gas shall be discovered and produced as a result of such at or after me expirnlons from date of nooff the primary term sation of production
this lease,this lase alWlandaoerin fora w tong u oil or pa is produced from the lased premise or operation.acreage
paled therewith.
2.This is a PAID-UP LEASE.In saadden of the down cash ma Lessor agrees that Issue shall not be obligated,except as otherwise provided herein,
to commence or continue any operation during the primary term.Lessee they at any acme or times during after the primary term surrender this lease as to all
or any portion of said land and as to any strata or stratum by delivering to Lessor or by filing for record a release or releases,and be relieved of all obligation dasher
accruing as to the acreage surrendered.
3.In consideration of the premises the said Lessee covenants and agrees:
Isl.To deliver to the credit of Lessor,free of cost,in the pipe line to which Lessee may connect wells on said land,the equal one-eighth(I/8)part of all
oil produced and saved from the leased premises.
2nd.To pay Lessor one-eighth(1/8)of the Lou proceeds each year,pyable quarterly,for the gas from each well where gas only is found,while the same
is being used off the premises.and If used in me manufacture of gasoline a royally of one-eighth(1/8).pyable monthly at the prevailing market rate for gas.
3rd.To pay Lessor for gas produced from any ail well and used off the premises or in the manufacture of gasoline or any other product a royalty of ore.elghth
(l/8)of the proceeds,at the mouth of the well,payable monthly at the prevailing market rate.
4.Where gas horn a well capable of producing gas is not sold or used,Lassa may pay or tender as royalty to she royalty owners One Dollar per ynr per net
royalty acre retained hereunder,such payment or tender to be made on or before the anniversary date of this lease next ensuing afar the expiration of 90 days from
she date such well is shut in and thereafter on or before the anniversary date of Wilt lease during the period such well is shut in.If such payment or tender h made,
it will be considered that gall is being produced within the meaning of this lase.
5.If aid Lessor owns a less interest in the above described land than the entire and undivided fee simple sae therein,then the royalties(including any shut-In
gas royally)herein provided for shall be paid the Lessor only in the proportion which Lessor's interest bean to the whole and undnnded fee.
6.Lessee shall have the right rouse,free of cost,{u oil and water produced on said lend for Lessee's operation thereon,except water from the wells of Lessor.
7.When requested by Lessor.Lessee shall bury Lena'.pipe line below plow depth.
8. No well shall be drilled nearer than 7.00 feet to she house or ham now on said premises without written consent of Lessor.
9.Lessee shall gay for damages caused by Lessee's operations to growing crop on said land.
10.Lessee shall have she right at any time to remove all machinery and fixtures placed on said premises,including the right to draw and remove cuing.
I I.The rights of Lessor and lessee hereunder may be assigned in whole or pen.No change in ownership of Lessor's interest(by assignment or otherwise)shall
be binding on Lessee until Lessee has been furnished with notice,consisting of certified copies of all recorded betray—Ms or documents and other information mecum
to establish a complete chain of record title from Lessor,and then only with respect to payments thereafter made.No other kind of notice,whether actual or construc-
tive,shall be binding on Lessee.No present or future division of Lessor's ownership es to different minions or parcels of said land shall operate to enlarge the obliga-
tions or diminish the rights of Lessee,and all Lessee's operations may be conducted without regard to any such division.If all or any part of this lease is wigad,
no leasehold owner shall be liable for any act or omission of any other leasehold owner.
12.Lessee.at its option,is hereby given the right and power at any time and from time to rime as a recurring right,either before or after production,as to
all or any pan of the land described herein and as to any one or more of the formations hereunder,to pool or unitize the leasehold estate and the mineral estate covered
by this lease with other land.lease or leases in the immediate vicinity for the production of oil and gas,or separately for the production of either,when in Lessee's
judgment it is necessary or advisable to do so,ad irrespective of whether authority simile la this exists with respect to such other land,lease at leases.Likewise,
units previously formed to include formations not producing oil a gas,may be reformed to exclude such non-producing formations.The forming or reforming of
any unit shall be accomplished by Lessee executing and filing of rand a declaration of such unitization or reformation,which declaration shall describe the unit.
Any unit may include land upon which a well has theretofore been completed or upon which operations for drilling have theretofore been commenced.Prduann,
drilling or reworking operations or a well shut in for want of a market anywhere on a unit which includes all or a part of this lease shall be treated as If it were
production,drilling or reworking operations or a well shut in for want of a meeker under this lease.In lieu of the royalties elsewhere herein specified.Including shut-In
get royalties.Lessor shall receive on production front the unit so pooled royalties only on the portion of such production allocated to this lease;such allocation shall
be that proportion of the unit production that the total number of surface acres covered by this lease and included in the unit bears to the total number of surface
acres in such unit.In addition to the foregoing,Lessee shall have the right to unitize,pool,or combine all or any pan of the above described lands as to one or
more of the formations thereunder with other lands in the same general area by entering lotto a cooperative or unit plan of devek,pmenl 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,to such event,the terms,
conditions and provisions of this lase shall be dared 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
end development reyuirentcnis of such plan or agreement,and this lase shall not terminate or expire during the life of such plan or agreement.In the event that
said above described lands or any part thereof,dull hereafter be operated under any such cooperative or unit plan of development or operation whereby the production
therefrom is allocated to different portion)of the land covered by aid plan.then the pr duction allocated to any particular trot of land shall.for the purpose of
computing the royalties to be paid hereunder to Lessor,he regarded as having been produced from the particular tract of land to which it is allocated and not to any
other tract of land;and the royalty payments lobe made hereunder to Lessor shall be based upon production only:aase Ylloated Leaeor shillformally express Lessor's
consent to any cmperadse or as plan of develnpmem nr operation adopted by Lessee and approved by any governmental agacy.by etecuting the same upon request
of Lessee.
I3.All express or implied covenants of this lease shall be subject to all Federal and State Laws.Executive Orders.Rules or Regulations,and this lease shall
not be terminated,in whole or in part,nor Lessee held liable in deniages,for failure to comply therewith,if compliance is prevented by,or if such failure it the
result of,any such Law.Order.Rule or Regulation.
14.Lessor hereby warrants and agrees to defend the title to the lands herein described.snd agrees that the Lessee shall have the right at any time to redeem
for Lessor.by payment,any mortgages,taxes or other liens on the above described lands.In the event of default of payment by Lessor and be subro ated to the
rights of the holder thereof,and the undersigned Lessors,for themselves and their heirs.successors and assigns,hereby surrender and release all right of dower and
homestead in the premises described herein.Insofar as said right of dower and hnniested may in any way affect the purposes for which this lease is made,as necked herein.
15.Should any one or more of the parties herelabove named as Lour fail to execute this leasee,it shall nevertheless be binding upon all such parks who do
execute it as Lessor.The word"Lessor,—as used in shis lase,shall mean any one or more or all of the ponies who execute this lease as Lessor.All the provisions
of this lase shall be binding on the heirs,successors and assigns of Lessor and Lessee,
IN WITNESSWHEREOF,thls Instrument Is executed as of the dare first above written.
/� /
Duke Lee Phi ll les
EXHIBIT "A"
ATTACHED HERETO AND MADE A PART HEREOF TO THAT CERTAIN OIL AND GAS
LEASE DATED APRIL 1, 1993, BY AND BETWEEN DUKE LEE PHILLIPS, A MARRIED
MAN DEALING IN HIS SOLE AND SEPARATE PROPERTY, AS LESSOR, AND PRIMA
OIL & GAS COMPANY, AS LESSEE.
The following provisions shall control over any inconsistent provisions in the printed
form of the lease.
The Property subject to the Lease contains acreage adequate for drilling seven wells
assuming 40 acres are allocated to each well. This Lease shall limit Lessee's
leasehold interest to those formations lying between the surface and the deepest
depth penetrated by any well drilled on the Property by Lessee within three years from
the date of this Lease. At the end of such three year period, all formations lying
below the deepest depth penetrated by any well drilled on the Property shall be
deemed to have been released by lessee. Lessee agrees to drill a minimum of three
wells on the Property within three years of this Lease, (the first such well to be
commenced within 180 days of the date of this Lease). In the event the first well is
not commenced within 180 days of the date of this Lease and/or if three wells are not
drilled within three years of this Lease, Lessee's rights under the Lease will terminate
as to all of the Property (except 40 acres surrounding each producing well drilled by
Lessee, if any), and the Lease (subject to any 40 acre tract surrounding a producing
well) will be released by Lessee. It is also agreed that at the end of the sixth year
from the date of this Lease, Lessee's rights under the Lease will terminate as to all of
the Property on which there are no producing wells drilled within 40 acre drill sites,
and the Lease (subject to any 40 acre tract surrounding a producing well) shall be
released by Lessee. In the event that as of the end of the Sixth year from the date
of this Lease, any well drilled on the Lease should be shut-in or not producing in
commercial quantities (that is producing net revenue of at least S250 per month), and
should such well continue to be shut-in or not to produce in commercial quantities for
180 days following the end of such sixth year, then Lessor may notify Lessee In
writing pursuant hereto and demand Lessee either immediately commence remedial
work to increase the production or plug and abandon the existing well, reclaim the
welisite, and release the Lease insofar as it covers the well and surrounding 40 acres
to Lessor. If Lessor demands that Lessee continue remedial work to increase
production and Lessee fails to do so or is not able to obtain production in commercial
quantities within 90 days after demand,then Lessee shall plug and abandon the well,
reclaim the welisite and release the Lease insofar as it covers the well and surrounding
40 acres to Lessor. Prior to commencing actual drilling operations on any well on the
Property, Lessee agrees to consult with the Lessor and locate all wells, roads, and
production facilities as nearly as practical in the approximate locations shown on the
map attached as Exhibit "B" unless otherwise agreed upon.
EXHIBIT "B"
ATTACHED HERETO AND MADE A PART HEREOF TO THAT CERTAIN OIL AND GAS
LEASE DATED APRIL 1, 1993, BY AND BETWEEN DUKE LEE PHILLIPS, A MARRIED
MAN DEALING IN HIS SOLE AND SEPARATE PROPERTY, AS LESSOR, AND PRIMA
OIL & GAS COMPANY, AS LESSEE.
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I- 0 iil MARY ANN I LIEE•STLIN CLARK A I'r-i..ORe I: IiIJ 0 J.,,, , ,h
821901196
LEASE EXTENSION AGREEMENT
This Lease Extension Agreement is made and entered into
as of the 10th day of November, 1982, between MILDRED M. PHILL LPS
("Lessor") and DUKE LEE PHILLIPS ("Lessee") to that certain Oil.
and Gas Lease between the parties dated July 10, 1982, cover:iog
the West one-half of Section 24, Township 5 North, Range 67 West,
Weld County, Colorado (the "Oil and Gas Lease") .
1. Paragraph 2 of the Oil and Gas Lease is hereby amended
to provide that said lease shall be for a term of three (3) years
from July 10, 1982, rather than four (4) months as is now provided.
2. Paragraph 5 of the Oi.1 and Gas Lease is dcleto,7 in its
entirety, the parties hereto recognizing and acknowledging that
Lessee is under no obligation for delay rental payments during
the three y car primary term of the lease.
3. Paragraph 4 of the Oil and Gas Lease is hereby amended
to provide that an annual payment of $1.00 per acre in lieu of a
delay rental payment shall be applicable to hold a shut in gas
well as a producing well. under the terms of the Lease.
4. All other provisions of the Oil and Gas Lease relating
to delay rentals are hereby deleted.
5. In all other respects, the above-described Oil and Gas
Lease is ratified and confirmed in its entirety.
IN WITNESS WHEREOF, the parties hereto have signed this
Agreement as of the day and year first above written.
MILDRED M._ PHHIIL/LIP/S 0 ly DUKE LEE PHILLIPS .
STATE OF CALIFORNIA_ )
) ss.
COUNTY OF ORANGE )
The foregoing instrument was acknowledged before me this
12th day of NOVEMBER , 1982 by MILDRED M. PHILLIPS.
Witness my hand and official seal.
('
•
My commission expires s.__,- ._?:--7-,' ''' _„ ___-.—_—__ -.—_
y : , ,� — f l
J' OI EI C IAL SEAL (%t �iix ceic,e r lC -r.c _
'y fr 01111 JEAN ^TS 1,.:-.-- — -
` Notary Pubh'ic
, y o [co'nJ r - 223 Del Mari Son Clements CA. '9L57�_—__
[An
r m� o.`.- o ',ices Mil 4 Pda5 Ad ress
STATE OF COLORADO ) y✓
COUNTY OF BOULDER )
� -!���'he foregoir{g instrument was acknowledged before me this
_J__1 — day of /i.,c'i'fi N�l+l ) , 1982 by DUKE LE Pf1ILLIP5 .
Witness my hand and official seal.
..,;My..commission expires M, ------ --y , ci l' ' r0 %
, A Notary Pub TA.c
},;••...,,,,..,t- Address
�— HI \i, E!,'"1". c aid 1.00 m., in ._10(11 e atll l) I 117
MILDRED 11. PHILLIPS
DU.L L L1,L PHILLIP ner•1n.its. tall•• :..'-'•-
ata--:. ______.__.n,.eln.u.. aura I:o.. .I
1 That truer, for rani I. confide/Won of e a et. to I nand p •t 1 °'• Ib,n,.
hIn
er alto a arfWl •ourl ha ire, 1N,D.r InN lead let :,a EY o + dataThereby tun,�lu suum tad a err
Idea neeef fetal Potion n^f rr Jm ion 1'oii II�gmplp.n. Iother In .m i\r^el>n+. oil. ^.tit. Inur aJ n. , n „l+1
convenient roll nloru the e. .meal epr•LlenluDl aaxJ tor
.Ions ul Drin1 r01, lull lit Pone e f + ^ r .1tu r l•1 1 -
a enf•Inll) ',:n nc phpirrl.p 1 'U n_le Vraduer a r IrYe err I a
eataas.r.t,. m.i foe Ira- nl and toO•rdn 1 employs... iWa tract of land nit a tv , e ^. uC manlul..l rte .II\tl ,uen
tv n any[ r•len•e/ella.l•tnr,rrn Erin
Weld Y sal.t nl In lit. Count/
__—.__-__..._____ ._. , _._.____., Prole ol_ Colorado and dammN .>
•
The Wiest one--half of Section 24, iot:ns.i:.p S
•
North, Rang? G7 West, Weld County, Colorado
•
All provisions of this lease providing fcal:' a 1/8th lando:at',-rep:
royalty are hereby changed to a twenty percent (20C) of 0/Gilr:-
..:u tnnwmrr;_ 1=10
•
]. It 1.agreed Oda.thdt leas 1an rennin In lull force for.term Dr four-moo the ear. a• ,: 1 , ul,.,.
•r p,,,or either at.]-m, is oral as.-al from asal land mot faun land*with wM:n sa1.1 litti I. toaml Canal or Ln• 1.ethe•. n... ben,j dosod./--r -- orr:a,.l
.6 i, got suntan:'.a of the V m SSW l:n Issue[ W 'SSEua ..a ' a]:
To deli•[• to tor credit or lattar, Iree of cwt.1p the pis, Ilse to which Inxa sty connect his null;Dr l..• equal r I4.. �av: •at ail all essCed sad -.•,N loam I.rr Ind"paemW\ '
<ere''•>'
•
1i 4. 'rl•lea,.shall spottily ha/1•awr a*royalty i marketed from..C.01 yell where:at IY 1 f d 13 f If so sell. f . ]oral Sp 1-.aw oil Pr.:a- led ti eml 11\h l+af el Its n,[[•a v,lse• t: 1 The 1
:J ] > ]•recessed b-me hand tram It 1 f \ d gas. produced Iran.nr ml we'll: yarn ot ,n
compottd ro. rosenultna ne t Drier the iT d sell pcwl'aCed Irons any oil and ,d hY llest`lest`oil e ',Sur, 1.:, s e
] tan n•I-a. prenxs by s flu lasso foe paella ,°thee than •d•ve'OVment and op•r„1^n Otto: Lest, sh 11 r :, e: p Iv
N
cope a"of loll.;was too., any tan wen on said land JOT sloven arsd 1M1-1J.lights In lb. principal dwelling lasted un f Ic'.-eel ',none, East's,'cell th•te'p ea ..1 rail
n war .J•+ ken, • .dl en..env""hie of plmunnr eat aniy-la not .old or wad tar.r'rnul e.I one yens,hnex.Falk u
._ a...bunt[.roe to me deity renal provided Inprr nine is.,.e eel p.aml.somata.,on N, n say des. oft -
' ,V duulna which
sa such
gas le not
fog] d sd.and while ai J •Ynty 1 so a:J or tendered One Is.,.l 1 be heal .a a y(-lu o, et to r Jura-
:4 n tantalisers' t'.1 4'r ^
a. It oper.lmn>Tor th•drilling at. well for oll or pas a not bpi o ella hand nn r gum. the
tits I-a. i'lali lvtmin..t, ,'. b boon paellas. unless the leave are
en or,haute on
a+te pay or tether to in 1 or -ore u s I:L,r. ..._e ,the
e .a•*a. .l a 1 .w a .area at,IA[ontln..e a the J.FultP!Y Or DIY nna eatcat's psy.n. Li tails lase C' •e't Ira, ^C [. .1e11 O,+,e... In tot:
7"- lend or to the calla d r•s or In the rental,to at,,.e hereunder, the s •1
- era the\ Oa drl!rei J Iha t semen, of^Dc[ . n J 1 p 1 ul a a I^^.
1th� Coder o1 any I.ia .. 1 d I r O- lid ..i'n
••IJ ll. payable d end
a or
t D option 1 s. 1 I Lrnni . said aid a h 1
1 the
1 1 I 1 n•I it
z lni,ayLty e t e Len rortl n y.rto Ike
Da
payable.Dinf`n, n malt he erased In the r t meta mutate unease^ 1 ..,nna ere acreage r 1..... , f. I,....+
n f.'rWon final l air rN r s No[rt1 by said releaxD clr.se,�
r v driller" on the above.drsea✓.1 tonal be•dry,r.. then. end In that event. If .„renal pal ,ul r
rltb 1 oirruv •I lr ,t$,. ^n the lu alai pealed liar which t.1 1 Peen paid •lees slash I 1] 1 u.l
IN)i Icaswr ton r bans. •ea pir.L use a•1 1r soothe s^ 1 n tb. pay n f 1 the + n 1
pr.v'JN d IL s•ltew • n L e um`i^Dn O;l .car. et ..... o rl the is
J+.. of I lade and Ih.lean, thia.N mall continuo In•is. fa' a though hoe,n. �.n 1 tra'c'tion ells the r,n.al[ r,.-aia, 1 • . s• I.r•
9. It said boar own.•ir»inters lo ti'1 ad•..described Iona than the. are Y i.]ar_ ha sample. therein,t
Pere, L,n.IJN shall e• Paid m,lean..Dni, In the pi:mmon which hi, Ini.reat r1ura Ln Lb. yanks awl undivided '.m Ha-or,-. :,c.. to,hl an.n eta 1 a-
s.sad .t the nna .rse•.din, rental annleeraa.l ostler any e[v.rSon occur. to carver lhr In i.:.uL all ..wired,
I. TT.leap,•b.li r.•••• ishl to its:free of ens,ea.Oli and wale,found n soda land for Ite Wu:•[ions i valea lr..;.-------- Lb y is(
the Ir..r, Whrn r ere:. leaa.rIlhe loss.Unit bury ILa pi:u line,talus.Sow deputy end sits:l yay der asps., ...l Ty 1"co rations In 'r<. err
• aai.l l.^J. So w ,Haan b,al tn•n )cart to the h^us n „SP prune.'a wiel.v.% v Vi-t'hh^r, liv::al.:l[le
t'a • s-p r . .s 1 -I a lc... .n all [ D n tabu pl. d
0,0 pain ` Intlwl n ur)n[ s ,+d ere^ - 1 nl, t_ ,sta• its,.tint I:LIoi •a y bolo 11 L nl u.l
p.Wueinl eft.to crass,,the ilpa faired to Oath'uri(ln.J taitsiul neat s pr•Clltw'I.I.rl Io remove ell slnalrllitlon. unto, • res,O.r,lle Lime,
w n In. et r y bee a I. uyaN.u,d me pelvua Dt a.+tv: a In .me r m pnit I,.ap.,sdy.n,.. s,in. rtl oral,. nn
w Iha h,i .do,It.e .4mlat. and slim.'but t •aye :snit 1 me i.ml or In the
du.Under •Irate Iran,hh.:ieb•„stators.
II•.D to„Carson.
li .a been Furnished p.m either the oil.nil er retarded'iruttL seine e1duly a<
d ry, ther aided r of t will of any deceased r and of the probate tneireaf,n copy the
an r It' n' at y dre•aasdl u whit-Im a Is appropriate, [panto, with lot nrlitiaau recorded In ..I < e •Idul <e,t1
fiatiwoplee •r/•r [amoe. .in of tits beat • Suerlo a full ',Sault [Iv lid ell enln: • byre.
tad.,talon.r[e1N Oc,slut'tuume^ia seat Sr banding no Miy distal or leaks[- e_tvnee. trent,. deviser. pJ:ninhi,a or. [s.tuie oraii heir a r DI le,+ ,
ID, It i+beryls) a eed chat In met Olio lease shat L +,lead . •port or as m e of the am.e deaultuJ t kook . the ..,.fart or
e t. n or p. r t cant debut, In me payment rap^rt•u Dt,psi ea , nu,
from Men or ,dc: +^.-h . s
defeat or.rf,i (hit liar i.fur.. s,L .reed•part of aid or
anon which the eilee yr any.nyr. , l:rer (shank.rune u.,payment i aJ unto,.
II- Inn,I,,.eers nearenyr a• .nd ..a a-n ":a...a...+ocls.ere that*t u lame at .0 Is D� r ..) and ,urea, m
eased.od as pan ea any t .,, ,•, ' , oar or m SL 1.r d.-., "idling h t- al me Suer r ueaciaaJ l d. . `
1: aM1•I�rvaFw. es.MYv sa .. - ..wsan,weness ouve..n.1 ra y lel ram. ISM lay i .VJl/la:1s the instating.. of shyaua[I. nr rata rl le. or
Pen. a,,, a dually o, ..etas accruing, aerr ondrr
11 Imtoilne•pdine anything In this haw .nni.oud to i throaty. It h• gr•aal 111•0 W leader stun a s e ..brrtim^a h -:.y
Ile while Oils leas h In Ine this lease abet, ter-. and Ida terms stuncantina[ 1n loau,l a+ au D. miles, arcVror•e.tnl nna, is alur...l...r.
•l e.ulla Ihert n a m,tarlone ea pt atuett an re
e. tontines,
If w hie the ptl of ltd.lea production the bused pie *hall ,Ira any [ ,t:la lea stun .eil.i n
▪ati.na for the or s .ell•loll N cal or rental Y . provided lesete�4- nl
and . telnlrra.ep.D.mm. Ira rr the next
. primary t of.
island,
1
• n• et.ram[. Sae trout oast r n. .rtl ry
end thi,4...mall somata lailnat n during rt..prosecution of la-r J. ,_.. re.. Si rp.w..rlmnril,[,"Iii' [Wrelr..ni,it,ail.. bit oe1p.rlu.lun
v. lien_»e s time, parr^ the richt •t Its option, at any tame end corm Ilse w tine, to sack or nil n DI 1 -.
„abed land wina r laud. I a Ira the lmmrilale.drmta urn- ouch asmb entailing; t arm
• yeti vlllm p.t•l i in f0. at Ina time el I sunny a unitization;unlike
nu^a li .n., n rJ
Stan aria u ell r s n say in al.� I,,ra I..cr
ins n sin!lass'
111.)[ ain,nenn[. O dl i t I - i to
tier i,iLI I lur,well darii:it roar
;Us
r 1: '{ foe a[nOaucn ur t aen•II Le[ n+l.leeeiI • well drilled of ration [,Id a oill and Ytnere chat Ise al.O . l-
Lds. dovmnl tna totads w am n,n a ,u sum ptppeaum Dirt,the eau al p.eh man tans all welt on sal unit' + h a C II
y-,ttico, a r1N o 551. Lora. pears la the a mate of au„tr ..lilt. Ant li It Unearthing slid f ICI.'ed Sint Lilt Ine D't'r:rl.in : ell..:ainl el Jl
• n•Werrl ant ail {u lnci^dln the p•ye afar •n.ety ^t royal:. In b,1n. n:lx prpdemrn fan a m. pots.. col tt• etas described land n.
Coded us cud, unit In Ine arsee assn., el thmvn ptuluced Iron the atom :north.]land Loader the tenon at Lid, lease ri
Is. This lea.- in inane . sllsnl.Wen+ 'hall e e bmdrne n ash or the watt ..nn elder.Iha. Irate, r olio,. sit
.nether a h leaser 1 l seaal,nnn, mlr,.del. ..emir. a 1is elanhare, •"Ychi be
Ether law".,bred" thi^id a, itHilt I.r.ar I."' nod
in eoino.pu s. r-tr au rare It.same Morel on the original. •
II,wirer--T we,ri.-or a •I nsy . ,.lea'IV" lb..• w '
wit..... r anon.
Sarre Ofr ':le{—cc..."(—AI,ll,ae_o l
< f }u. Oklahoma, Kansse N 1ortt, Wyoming, iiiMontana.Dakota
Colorado,Utah,
74_<._.c_. f Nebr, Dakota,
_.G.JNl7 C - [_.L.h.J h South Dakota
AC}:ffC _dDGh1ENT—INU[':IDU,LL
BEFORE ME. the undersigned, a Notary Public. In and for said County and State. on this
J7 %, I Fie.
day o arc..<:. ✓.! 19 ,) Personally appeared..._/ 4L!le�d(.d e ..l._i,/ 72/ .�/, i
and — 77)c /.S !_721. /2
-- -- -- —'-"-- _ to to me known to he the Identical person..,. described and xe in w-ho anml
the sa'(thin and foregoing instrument of writing and acknowledged to I tie than_✓7([<._._dnly executed the sine as ?c1 ,
red I nra,y act and deed for the rises and purposes therein set forth. -""'-'..free
1N WITNESS WHEREOF, I have hereunto jet my hand and a(f ed notarial ` i lie daY d year list above writren.My Conrn'ss- pie es'�..- 1C I /.`,{t ( / Y -r
.. '' 2,a- .! J1 2�.„C`r.-= No ey P hie =
S'rA4E OP h l Oklahoma, Karssaa New Mexico, Wyoming,Montana, Colorado,Utah,
ss C. Jf Nebraska.North Dakota,COON:\,-.6L'f1.L\ South Dakota -
ACKNOWLEDGMENT—INDIVIDUAL
BEFORE•MG.Ybd undersigned, a Notary Public, in and fur said County and State, on this
day of 19 persona
lly y appeared -
in
And________
T
__,_____., to me known to be the identical person described its and who executed _ _
•
the within and foregoing lostruntent of writing and acknowledged to me that
and voluntary art and deed for the rises andand executed the wine as free
purposes therein set forth
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last ;dove written.
My CO Expiresrn
T
__-- Notary Public. -
T fa
Stare of ACKNOWLEDGMENT Foe one I. um
a f by C g prawn) O
C unty of ._ _ c
On this day of . . lit,
A. D. 19 before me personally '; e
appeared_ S' v
to me personally known, who, being by z
m, duly sworn, did say that he is the of m
•
r-
- - "-" O
and that the seal affixed to said instrument is the corporate seal of said corpora. O
Iion And that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said P '.
acknowledged said instrument to be the free act and deed of said corporation.
G
Witness my hand and seal this • day of A. D. t9
(SEAL) Notary Public.
My Commission expires •
I' TS .5
-o i T
9
V u p
Chi ^ nI
r ia. CC
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o O
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E
a. D - w
i p
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cc F- _ o v
w II
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O Z H fi a > m
Ikalial
_ . . t , •
I.doe I .. ( -• 1 . ♦ J . .. fix. .Y•_ -
•,,,......., {y{j ,,L11,,i�s 7f '....tif448A1OJN OgI14•i H,1�Lr1 411('/x+' st:('iEff toe
!I.f • y f..le) ...Ara11'.L,r•I''t I )• 1 1 yT, f;Atli h. :-.':;i:-...,•[
,-•-t.,74--,
Y ,I •S ��WwssoC M•IfM Ike• Dow. Ia wpw••I MLMer.OJML feIwrMYM1 IMIITMird la •F `� 1•+
Nn0 YIMR , •. l• ,I A
�.�. z OIL AND GAS LEASE
q: • -- _ _ „Jr O.,. r
A011[[Y[MT.Y.J•.4 R'.wM I•14 MI* ��Jar t! r8,•bl of an.. 'I
f I• , •
r. . PNIJJ1$ x
VI• F•'. �� —
M/toe N is nn.port.MnN•!11n•J lam I.MMr nen nal � '• jos
r .. sod3.liI71.IPS 24-1e LT7 a ColoTAric 7.181iSSCL.Qar_tae.ratip ..a.1.1,-•...d Pa.ang
.d p.sI.Tx:T 1.•1 the lam for end Y,•n•Y•n les._—ae.n_Za1a,.7 44 Ina ha. Donor..
t „.� I• .MM,IIf•reee.wl•.ae lw leaf• i orb( new�,.1 l..,p.p,.l.regalia Mac nnd
-1N„Mn •I•.drrr.11.fee'r Y'W;Mn•I'•Y.nom rd M.
�• , . •.l.n•L graA•ap.I M44.p • roaches/t.L...ell other errs.
_ • 1: 1•,at • Ilia. .Idlnr Coon • •!nag
••t•M••••• mid ....... I. 1.4.0•. •.• • • n. er.. • .
-....?..s.D: and e.nnd.n4.cts..s4 homing m•nplcest.JM alarm d•reraMd l.e ln_We 1 d consul.
.:.•.'.�'•ti. ,''".' Sta•I rn1oradn t.-., — .
.t.. ti
it'' r The Southwest_ruarter (SW1/4) of the Southwest
.f.
quarter (JWl/4) of Section 24, Township 5 North, a♦•,
0. rJ. sF' .. _ .
. r • ...
Pange 67 West of the 6th P.M. _—_
fi • s.t9-
t ~ s AJ1-'provisions of this lease providing • '• en:, . i..
e .for a 1/8th landowner's
ti
royalty' Are-hereby changed to a twenty-five percent (254) of 9/Eths__—� • This Oil and Gas Lease covers all formations from the surface .'
t.rlw. .
n } h down to the Codell formation. -- ___._._ .—
.- a,.J 4" . k �..
tw 5 ~. — — )- 4 0 sere. •.1
— .'f we .Inn Lo legal . ..
{ . ., to NAVE... ,.xo .x...ache1 ..I.5..IM•,n.err :n.to mama :'i: sr mo.. so rr y n:mitero.t1•I•een in�; :ie. is
n
fY..I. 2 •Mp..y..Nn n.14m.M e M w1Yn malt I.e..Doh•. .._. .n r•.e••1nr1.1 I.r... .toast r Imp.•.11 re roe a e•.1n.•..en.. .M Y
f"'..� 'i 4♦ rerved^N•.11,- a..•r ala...am tootling
..err Y...t..am, .1•. v f .
.l r(:- '?'b, In ...r.1 Yn.I1.. .-1r.1 op.how 1..•1.11^ .NN•_.row l.n.lwtLIV1 F,1.f.1.11
�'� LTM Noe.r•.41 4.10.t •M.ne11N 1.- .e^.re•.a .let•..IM•M ..roe le•.r m•t I.l•1N�^1.111 Y• Mn pen. •I or Pa e•d Ltd 4 +' palmed. •...ern-1n.Ins..ma mamma. 1...11. r•• . • • - S'
ti"?-3....4."'nN'CY... 4.. f.•nfb•nlash to i.I M INl sMnar.r.r in.41•7 n.•n11..rnlnu the lire a le..4..�tn In fn/n..•N.Mn foe rl) r1.e and oar.net man f ♦ - t or N r1 shall..tear.••remits,canted InN1•ftM ...•...Ia.IM ••mgt.
en ?malty Mien In MY UM1 spn1.e1V well.The Mar • r
n 1r.r/rt,IJMt... ..W.n•u n.T_u,n....nh 114 mil.... h....n•+n.e'N•.
1 SttN • .•r"lc 1•• e•.rr•Nn.•Is oto I well an the0.•IM • •.r•Coe•un•enel•.I.e111tnutat h..rn..Y.•••'11••••rr eno111.•dyr.wlnt
• ` •••....• d. • MlF.4 1.1•1..1.n 1••...Ca. Mn.n•Irt.rl.elr•r1.••.sap•IMr L,.o•n•rem 111•/er..th1111N 1•f lne f�
to ham
•on*Luw.rra•h.J..M.• Is•at
I sn.e.nlMr•n.r•.1n1 J{
i .• ednlla .....of •.er sear r am.......c.n t inn°. ea LM.. •MM.• �anlnw...a�dais.OM Yew. .I ur..n.1e n I.4•
r•1 � ter\nh•�l.11.04+.1...1.•..Ily..r._1MIM•it.M. 11.111•p—1-f.r.M.e•.....1...e..F•• ._ Ye.Ywe-I.•.wY.�.m••
—
no .•r-•1.11. . Math nl.wu.w•an..sr.I..er..rnu..d.huh.n theistI .-rI.4..i1•I...u.r..nrae..Ya.nfnalM..1.n..N
� e,▪ ,r.1 .r •Mre..it. •I' Ne•I•r n Ian .I. •.drilling.l. .II mfrs saw Antra;.•......4
na
r. further on Ins hewa...i I I'1 gtM.n...r tern . •
II--.;. 4.... .ran ere rd...mad
thn• !• 4....lx lMe-"•4 Minns !. .1 YMIrr •1 •Ir ,area at..N Oho tots Mersa
•J i1:• •e7".•-• a�•I.ne.�And 111•saga awe... •Ie.%kw1 •11M '- 1•...amp.^ .d.4IIh. r• w.••.e on whet
. +^I all.rr.4.AY...onto w leanay oe
'• • r awe... el. 1T Y•N...mapin o...a•'.i•.1^n;p m(m ••Lan a.I.I soft .1Y1•I•n. roe.
•.road.i.1• e1 M1.1 ....taiga l•.•.I...IN.r..•.rN ••MMr•in.not • • 1 • .. Mot Is
Yro am
et ....l.rwn•to•t•h. •rinfn,...1-.d Oa lb .....r i h.•Nn. is mra•11.r..a/••hell be ma.iIn I liento ry.rnns.•
y.IM sd*r..M
Idaintr.N eY.nY•IM.1..............
.. .mere r .• .Mr • nasals Ipne ...e• n is twat,t •norm 04••.4,•.ta le the r•w..n•en L
.ntiag* 11 n1•.•evit to .dI4•Y I hY.n.••••••1••••••••
i4 1. • e.tM mil 041at M.n.••..4..0b ,erl4•. n.111nIlI.In MM..MYe.r lhu M•L IhYNr•MII
"J.".v •Ina
1.. rr..IM rsaaof.or•rem.•alto. towlongs lur uiann •.r in -•.r• r•4 Ih55, rpnonMrouses
r..I..-.%.a
�•• not tor FR me..swig 0...unmoor
a Im non. drilling'Is .nni nto MreL ^M (errs.(;. ^I^ •r.. N e.Yr• us so. Mean -
C L•I .In Sod
..l •M Mr Y•. n.. -b. th.1•lne err•N
....ael.ule.t'nan'•f.e..•
S.If••u Mn.rams la Yal•It nth..55
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'I eT • B 1025 REC 01961681 04/04/84 12: 19 $6.00 •
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'Gi:^1'w'•""`:T — o .ono unvv aM! FE11ERSTEIN CLERK 8 RECORDER WELD CO. ..
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. _,before ma personage appeared
weal •w ti • s ° w .. "'' ma UtewnWbelhe penan_daoetibsd in and who executed
r '-tMfon[olnt Instrument and acknowledged that —_o•cpwdlM samosa "fray act and deed,
,$ �- A' Given under my hand and seal this-----day or .I . ,r .
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F 1810 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO * ',
,+r - ACKNOWLEDGMENT—MAY AND WIFE
v' .. .•- !. f ti" . STATE OF 11I : .
`.d a t 1. ;gar . se. •.
r
��...., County of m
23 1f _,ip_.before ma personally appeared
lln this day of— d ..
ea`m." J y t• ro -e - _ to me known to bath,pe non_described in and who executed -
•• ti,+ � � the foregoing ivtrumentand acknowledged that - executed the samosa true amend del,lndu din[<M,.dew
}:♦sale--•fir; • r rt , and waiver of the right of homestead:the said wife bertha been by me fully iPprlaed of her right and the effect of aiming and
."2:t t... .r ,. acknowledgingthe said instrument.
'wh Given under my hand and weal this day of .19
ira•rF, : Yk --..4- My Cammisalan Expires - Neter,r.slu.
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v'l 't Hgt�'e } ti' MONTANA ACKNOWLEDGMENT
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fA •. e., ♦t t`sae;'.. County of
' I /N ,I9—beforema
Y f^I el On this day of
.r.....al.:-:7.f•_�? \_ _ram _ a notary pu bile,person ally appeared
• 4 y't,_
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^ n. r •4 Known to me to be the perso„who**n a e subscribed to the within instrument,and acknowledged to me that
ea fluted the ea m e
iit{e' ..s. t — it Itne•a my hand and official seal.
`4y
y y?> —•* — lty Commission Es Aires Notary Public within and far the State of
a..
, - � c+ lir Redding at
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�, . COLORA DO ACKNOWLEDGMENT
Poe: 4 tea- . 1.
4
t N r STATE OF COLORADO1 z' 1
T . \ , j ea.
.t ROULDFR 11 -
t County of 2nd April ,;+ 84 .by
r't•-+ .,. The foregoing Instrument was acknowledged before m•thi•_ day of
4 4.l{.a,yL t,' DUKE L. PHILLIPS 1/47/-j..
i, Witness my h}�qd end official 7 • ' .' A4i April 7, 1984
ry < My Gamm. Bge�. Metrr NMI.
p'�.•rw e� t-, . .;T � 1_ Spruce St.
'+y vFa-r `} 2('J Qt4R '�r Boulder, CO 80302
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ASSIGNMENT
State: Colorado
County: Weld
Assignor Duke Lee Phillips,whose address is 2500 linden Avenue, Boulder,
Colorado 80304 (referred to herein as"Assignor).
Assignee: Prima Oil&Gas Company
Assignee's Address: 1801 Broadway, Suite 500, Denver, Colorado 80202
Date Executed: April C 1993
Effective Date: April 1, 1993 (at 7:00 A.M. mountain time)
KNOW ALL MEN BY THESE PRESENTS:
That Assignor, for and in consideration of the sum of Ten Dollars (310.00) and other good and valuable
consideration,the receipt and sufficiency of which is hereby acknowledged,does hereby grant,bargain,transfer,
assign,convey and forever quit claim unto Assignee all of Assignor's right,title and interest In and to the oil and
gas leases covering the lands described on Exhibit'A'attached hereto and made a part hereof,Including,without
limitation,rights in oil,gas and associated substances produced or producible from such interests from and after
the Effective Dale (as hereinafter defined) or otherwise attributable to the interests of Assignor in any units,
pooled areas or communilized areas of which the oil and gas leases covering the lands described on Exhibit'A'
are a part,and all rights of Assignor in any and all agreements,completion agreements,surface teases,permits,
rights of way,easements,licenses and other appurtenances and authorizations relating to the oil and gas leases
and lands described above(the foregoing being hereinafter referred to as the'Assets').
TITLE TO THE ASSETS SHALL BE WARRANTED BY,THROUGH AND UNDER ASSIGNOR ONLY. AS
TO ITS INTEREST AND TO THE BEST OF ITS KNOWLEDGE, ASSIGNOR WARRANTS AND COVENANTS
THAT, AS OF THE EFFECTIVE DATE HEREOF, IT HAS NOT CONVEYED, TRANSFERRED OR
HYPOTHECATED TO ANY PARTY ANY PORTION, RIGHT, TITLE OR INTEREST IN THE ESTATE
TRANSFERRED TO ASSIGNEE AND THAT NO LIENS OR ENCUMBRANCES(INCLUDING MECHANIC'S LIENS
NOT YET FILED AND NOT TIME BARRED)HAVE BEEN DONE,MADE OR SUFFERED BY ASSIGNOR OR ANY
PERSON CLAIMING UNDER ASSIGNOR AGAINST SUCH ESTATE OR ANY INTEREST THEREIN. THIS
SPECIAL WARRANTY SHALL REMAIN IN EFFECT FOR A PERIOD OF TWELVE(12)MONTHS FOLLOWING
THE EFFECTIVE DATE.
To have and to hold the same unto Assignee, its respective heirs, successors and assigns forever.
Assignee, in consideration of the mutual benefits to be derived hereunder, by its acceptance hereof,
understands and agrees to the following terms and conditions:
1. Except as set forth hereinbelow,Assignee shall assume full responsibility for the Assets as of 7
A.M. local lime (at the location of the properties), April 1, 1993 (hereinafter referred to as the
'Effective Date'), and shall defend, Indemnify and hold harmless the Assignor and Its affiliates
and their respective employees,officers,agents,partners,directors and shareholders against any
and all losses, claims,sults,liabilities and expenses relating to the Assets assigned herein and
arising from and after the Effective Date. In like manner,Assignor shall defend, Indemnify and
hold harmless the Assignee and its affiliates and their respective employees, officers, agents.
partners, directors and shareholders against any and all losses, claims, suits, liabilities and
expenses relating to the Assets assigned herein and arising prior to the Effective Date.
2. This Agreement shall be interpreted pursuant to the laws of the Stale of Colorado. Any disputes
which may arise as a result of this Agreement and all transactions contemplated herein shall be
heard and adjudged in the State of Colorado.
jar
3. Assignor and Assignee agree to take all further actions and execute, acknowledge and deliver
all further documents that are necessary or useful in carrying out the purposes of this instrument.
So long as authorized by applicable law to so do, (I)Assignor agrees to execute, acknowledge
and deliver to Assignee all other additional Instruments,notices,division orders,transfer orders
and other documents and to do all other and further acts and things as may be necessary to more
fully and effectively grant, assign and convey to Assignee the Assets; and (ii)Assignee agrees
to execute,acknowledge and deliver to Assignor all other additional instruments,notices,division
orders,transfer orders and other documents and to do other and further acts and things as may
be necessary to more fully and effectively evidence Assignor's rights in and to the Assets and
interests (if any)excepted and reserved herein.
5. Assignor hereby expressly excepts and reserves from this Assignment an overriding royalty
interest equal to the difference between the total of all royalties,overriding royalties or other such
payments out of production, whether or not such are of record, and a total leasehold burden of
twenty percent(20%). The Intent of the foregoing is to deliver to Assignee one hundred percent
(100%)of the leasehold working interest at a net revenue interest of Eighty percent(00%). In the
event Assignor should own less than the full and complete leasehold estate, or should the
leasehold estate cover less than the full mineral estate,Assignor's reserved overriding royalty
interest shall be proportionately reduced.
6. This Assignment is expressly made subject to the terms and conditions of the leases covering the
lands described herein as the Assets as well as to that certain Letter Agreement dated April 15,
1993 by and between Assignor and Assignee.
This Instrument may be executed In any number of counterparts, each of which shall be deemed to be
an original and effective for all purposes herein contemplated.
IN WITNESS WHEREOF,the parties have caused this instrument to be executed this r3o day
of April, 1993, but effective as slated hereinabove.
Assignee:
PRIMA OIL 8 GAS COMPANY
G.Walter Lansford,Altomey-InFad
Assignor.
Duke Lou Phillips •
•
•
STATE OF COLORADO
COUNTY OF DENVER § ACKNOWLEDGMENT
Iyj
ON THIS THE �O` DAY OF 4(-1,,..) , 19 /3 .BEFORE ME, THE UNDERSIGNED,A NOTARY
PUBLIC IN AND FOR THE COUNTY AND STATE AFORESA D.PERSONALLY APPEARED G.WALTER LUNSFORD,TO ME KNOWN TO BE THE
IDENTICAL PERSON WHO SUBSCRIBED THE NAME OF THE MAKER THEREOF TO THE FOREGOING INSTRUMENTAS THE ATTORNEY-IN-FACT
FOR PRIMA OIL&GAS COMPANY. GIVEN UNDER MY HAND AND SEAL THE DAY AND YEAR ABOVE WRITTEN.
MY COMMISSION EXPIRES: NOTARY PUBLIC
•
S-31-9b, .- -- -- LLtt
4)Ion � �rrnlll,rgi
EN �� ADDRESS; l' +
STATE OF COLORADO MSS m
asa
•
STATE OF I ninr (-]o
COUNTY OF I b fluoU h § (�A^C,KNOWLEDGMENT �?
ON THIS THE 1.3Q DAY OF j� //\,,1 ,19 9'7 ,BEFORE ME,THE UNDERSIGNED,
A NOT AR PUBLIC IN AND FOR THE ZOUNTY AND STATE AFORESAID, PERSONALLY APPEARED
ikip Lee Plti!l:25
N D ACKNOWLEDGED
BEFORE THAT HE/SHE IS THE IDENTICAL PERSON WHO SUBSCRIBED THE NAME OF THE MAKER THEREOF TO THE FOREGOING
INSTRUMENT AND FURTHER ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME AS HIS FREE AND VOLUNTARY ACT AND DEED FOR
THE USES AND PURPOSES THEREIN SET FORTH. GIVEN UNDER MY HAND AND SEAL THE DAY AND YEAR ABOVE WRITTEN.
MY COMMISSION EXPIRES: NOTARY PUBLIC
,31-9b Auon A, /Qrmh r.o{
KAREN A.ARMBRUST '
NOTARY PUBLIC Os*J FYI
STATE OF COLORADO ADDRESS:
ots at/0102
;tx4i wh'Lr9E'XSOSF?it *4846{
Aar
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EXHIBIT'A'
ATTACHED TO AND MADE A PART OF THAT CERTAIN ASSIGNMENT BY AND BETWEEN PRIMA OIL&GAS COMPANY AS"ASSIGNEE'
AND DUKE LEE PHILLIPS AS"ASSIGNOR."
All of Assignor's right, title and interest in and to the Oil and Gas leases covering the following
lands are subject to this Assignment:
Township 5 North. Range 67 West 6th P Aq,
Section 24: NW/4, NW/4SW/4 and E/2SW/4
Containing 280 acres more or less
Weld County, Colorado
Hello