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HomeMy WebLinkAbout840016.tiff RESOLUTION RE: APPROVE REQUEST OF BARRETT ENERGY COMPANY TO WAIVE BIDDING PROCEDURE CONCERNING OIL AND GAS LEASE AND ACCEPT OFFER TO LEASE MINERAL RIGHTS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County , Colorado, and WHEREAS , Barrett Energy Company has requested that the bidding procedure be waived concerning Oil and Gas Lease on the following described mineral acres : E? SE4 of Section 26 , Township 5 North, Range 66 West of the 6th P.M. , Weld County, Colorado Containing 1. 640 acres, more or less . WHEREAS, after review, the Board of County Commissioners found that Barrett Energy Company did show good cause for waiving bidding procedure on said Oil and Gas Lease, and WHREAS , Barrett Energy Company is offering to lease the above described mineral acres, containing 1. 640 acres , more or less, and WHEREAS, said lease is to be for a period of three years with a paid up lease of One Hundred Sixty Four Dollars and NO/100 ($164 . 00) and eighteen percent royalty interest, a copy of said lease being attached hereto and incorporated herein by reference, and WHEREAS , Weld County is desirous of accepting said offer from Barrett Energy Company to lease the above described mineral acres . NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis- sioners of Weld County, Colorado, that the request of Barrett Energy Company to waive the bidding procedure on an Oil and Gas Lease concerning the above described mineral acres, be, and hereby is, approved. .;5� �� / 840016 Page 2 RE: WAIVE BIDDING PROCEDURE - BARRETT ENERGY COMPANY BE IT FURTHER RESOLVED by the Board that the offer of Barrett Energy Company, Suite 112, 405 Urban Street, Lakewood, Colorado 80228, to lease the above described mineral acres for a period of three years with a paid up lease in the amount of One Hundred Sixty Four Dollars and NO/100 ($164 . 00) and with a royalty interest of eighteen percent, be, and hereby is, accepted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of October, A.D. , 1984. BOARD OF COUNTY COMMISSIONERS ATTEST: s y;, c,;; WELD COUNTY, COLORADO !�$ Weld County Clerk and Recorder and Clerk to the Bo rd Norman Carlson, Chairman By: 727,z2244 Deputy Countyk ./ cq ine o nson, Pro-Tem APPROV AS TO FORM: /Ate Gene R. Br antne ,} County Attorney uck ar son jcS71 T. Martin WELD COUNTY. COLORADO OIL AND CAS LEASE THIS AGREEMENT made this 22ndiay of October , 1984, between Weld County, Colorado, a political subdivision of the State of Colorado, by the Board of County Commissioners, for its respective interests, C/0 Board of County Commis- sioners, Weld County Centennial Center„ 915 10th Street, Greeley, Colorado 80631, Lessor (whether one or more), and Barrett Energy Company Lessee, WITNESSETH: 1. lessor in consideration of ten and more Dollars ($ 10.00 ), in hand paid, of the royalties herein provided, and of the agreement of Lessee herein contained, hereby grants, leases and lets exclusively unto Lessee for the purpose of investigating, exploring, prospecting, drilling and mining for and producing nil, gas and other hydrocarbons, laying pipe lines, building tanks, power stations, telephone lines and other structures thereon to produce, save, take care of, treat, transport and own said products, and housing its employees, (subject to all applicable Weld County Zoning Regulations), the following tract of land with dny reversionary rights therein being situated in the County of Weld, State of Colorado, and described as follows: FOR DESCRIPTION AND ADDITIONAL PROVISIONS SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF and containing 1.640 acres, more or less ( 1640 net mineral acres). 2. Subject to the other provisions herein contained, this lease shall be for a term of 3 years from this date (called "primary term") and as long thereafter as oil, gas or other hydrocarbons, is produced from said land hereunder, or drilling or reworking operations are conducted thereon. 18% 3. The royalties to be paid by Lessee are: (a) on oil ,,ouraotgbdt of that produced and saved from said land, the same to be delivered at the wells, or to the credit of Lessor into the pipe line to which the wells may be connected; Lessee may from time to time purchase any royalty oil in its possession, paying the market price therefor prevailing for the field where produced on the date of purchase; (b) on gas, including casinghead gas or other hydrocarbon sub- stance, produced from said land and sold or used off the premises or in the manufacture of gasoline or other products -`18% therefrom, the market value at the well ofagacelgtetet of the gas so sold or used, provided that on gas sold at the wells the royalty shall be one-eighth of the amount realized from such sale; on sulfur the royalty shall be fifty cents (50C) per long ton. Lessee shall have free use of oil, gas, coal, wood and water from said land, except water from Lessor's wells, for all operations hereunder, and the royalty on oil and gas shall be computed after deducting any so used. If a well capable of producing gas in paying quantities is completed on the above described land and is shut in, this lease shall continue in effect for a period of one year from the date such well is shut in. Lessee or any assignee may thereafter, in the manner provided herein for the payment or tender of delay rentals, pay or tender N O to Lessor as royalty, on or before one year from the date such well is shut in, the sum of $100.00 per well , and, if o U such payment or tender is made, this lease shall continue in effect for a further period of one year. In like manner. o and upon like payments or tenders annually, made on or before each anniversary of the shut-in date of such well, this lease shall continue in effect for successive periods of twelve (12) months each. r if operations for drilling are not commenced on said land as hereinafter provided, on or before one yea this da , b lease shall then terminate as to both parties, unless on or before such anniversary date shall nay or tender or, and shall continue as the depository for all rentals payable hereunder r ess of changes oin ownership of said the rentals either by conveyance or by the death or incapacit essor, the sum of • Dollar(s) (S ) per net mineral acre, ( ' called rental), which shall o a cover the privilege of deferring co nt of operations for drilling for od of twelve (12) months. In like rn-W manner and upon like payments or tenders an the commencement o ations for drilling may be further deferred afor successive periods of twelve (12) months each the y term. The payment or tender of rental herein O referred to may be made in currency, or check at the e Lessee; and the depositing of such currency, or check in any post office, properly addressed t essor, on or the rental paying date, shall be deemed pay- ,.� a ment as herein provided. The down cas ent is consideration for the ccording to its terms and shall not o be allocated as mere rental for od. Lessee may at any time execute and de o Lessor or place of record •• a release or releases c any portion or portions of the above described premises a reby surrender this 10 lease as to such on or portions and be relieved of all obligations as to the acreage surre and thereafter x the rent able hereunder shall be reduced in the proportion that the acreage covered hereby is re said r or releases. •,:« a co U 5. Should any well drilled on the above described land during the primary term before production is obtained be � z a dry hole, or should production be obtained during the primary term and thereafter cease, then and in either event, • o H if operations for drilling an additional well are not commenced or operations for reworking an old well are not pur- • sued on said land on or before the first rental paying date next succeeding the cessation of production or drilling mor reworking on said well or wells, then this lease 'shall terminate unless Lessee, on or before said date, shall re- % sume the payment of rentals. Upon resumption of the payment of rental, Section 4 governing the payment of rentals, shall continue in force just as though there had been no interruption in the rental payments. If during the last year .44 W of the primary term and prior to the discovery of oil, gas, or other hydrocarbons on said land Lessee should drill a • Ga dry hole thereon, or if after discovery of oil, gas or other hydrocarbons before or during the last year of the r primary term the production thereof should cease during the last year of said term from any cause, no rental payment • or operations are necessary in order to keep the lease in force during the remainder of the primary term. lf, at the Zexpiration of the primary term, Lessee is conducting operations for drilling a new well or reworking an old well, this o lease nevertheless shall continue in force as long as such drilling or reworking operations continue, or if, after the >4 expiration of the primary term, production on this lease shall cease, this lease nevertheless shall continue in force a if drilling or reworking operations are commenced within sixty (60) days after such cessation of production; if pro- dz duction is restored or additional production is discovered as a result of any such drilling or reworking operations, conducted without cessation of more than sixty (60) days, this lease shall continue as long thereafter as oil , gas, 0o in other hydrocarbons or other mineral is produced and as long as additional drilling or reworking operations are had `n without cessation of such drilling or reworking operations for more than sixty (60) consecutive days. 0 0 tiH 6. Lessee,at its option, is hereby given the right and power to pool or combine the land covered by this lease, W G+ or any portion thereof, as to oil and gas, or either of them, with any other land lease or leases when in Lessee's judgment it is necessary or advisable to do so in order to properly develop and operate said premises, such pooling to be into a well unit or units not exceeding forty (40) acres, plus an acreage tolerance of ten per cent (10%) of forty (40) acres, for oil, and not exceeding six hundred and forty (640) acres, plus an acreage tolerance of ten per cent (105.,) of six hundred and forty (640) acres, for gas, except that larger units may be created to conform to any spacing or well unit pattern that may be prescribed by governmental authorities having jurisdiction. Lessee may pool or com- bine acreage covered by this lease, or any portion thereof, as above provided, as to oil or gas in any one or more strata, and units so formed need not conform in size or area with the unit or units into which the lease is pooled or combined as to any other stratum or strata, and oil units need not conform as to area with gas units. The pooling in I m RIPtlRTWW'CoPY one or more instances shall not exhaust the rights of the Lessee hereunder to pool this lease or portions thereof into other units, Lessee shall execute in writing and place of record an instrument or instruments identifying and describ- ing the pooled acreage. The entire acreage so pooled into a unit shall be treated for all purposes, except the payment of royalties, as if it were included in this lease, and drilling or reworking operation) thereon or production of oil or gas therefrom, or the completion thereon of a well as a shut-1n gas well, shall be cansiered for all purposes, except the payment of royalties, as if such operations were on or such production were}from-+r soh completion were on the land covered by this lease, whether or not the well or wells be located on th ;remises covered by this lease. In lieu of the royalties elsewhere herein specified, Lessor shall receive from a uni-_ so fo ned, only such portion of the royalty stipulated herein as the amount of his acreage placed in the unit or his royalty interest therein bears to the total acreage so pooled in the particular unit involved. Should any unit as originally created hereunder con- tain less than the maximum number of acres hereinabove specified, then Lessee may at any time thereafter, whether before or after production is obtained on the unit, enlarge such unit by adding additional acreage thereto, but the enlarged unit shall in no event exceed the acreage content hereinabove specified. In the event an existing unit is so enlarged, Lessee shall execute and place of record a supplemental declaration of unitization identifying and describing the land added to the existing unit; provided, that if such supplemental declaration of unitization is not filed until after production is obtained on the unit as originally created, then and in such event the supplemental declaration of unitization shall not become effective until the first day of the calendar month next following the filing thereof. In the absence of production Lessee may terminate any unitized area by filing of record notice of termination. 7. Lessee also shall have the right to unitize, pool, or combine all or any part of the above described lands with other lands in the same general area by entering into a cooperative or unit plan of development or operation approved by any governmental authority and, from time to time, with like approval, to modify, change or terminate any such plan or agreement and, in such event, the terms, conditions, and provisions of this lease shall be deemed modified to conform to the terms, conditions, and provisions of such approved cooperative or unit plan of development or operation and, particularly, all drilling and development requirements of this lease, express or implied, shall be satisfied by compliance with the drilling and development requirements of such plan or agreement, and this lease shall not terminate or expire during the life of such plan or agreement. In the event that said above described lands or any part thereof, shall hereafter be operated under any such cooperative or unit plan of development or operation whereby the production therefrom 1s allocated to different portions of the land covered by said plan, then the production allocated to any particular tract of land shall , for the purpose of computing the royalties to be paid hereunder to Lessor, be regarded as having been produced from the particular tract of land to which it is al- located and not to any other tract of land and the royalty payments to be made hereunder to Lessor shall be based upon production only as so allocated. Lessor shall formally express Lessor's consent to any cooperative or unit plan of development or operation adopted by Lessee and approved by any governmental agency by executing the same upon request of Lessee. 8. Lessee shall have the right at any time without Lessor's consent to surrender all or any portion of the leased premises and be relieved of all obligation as to the acreage surrendered. Lessee shall have the right at any time during or after the expiration of this lease to remove all property and fixtures placed by Lessee on said land, including the right to draw and remove all casing. When required by Lessor, Lessee will bury all pipe lines below ordinary plow depth, and no well shall be drilled within two hundred (200) feet of any residence or barn now on said land without Lessor's consent. The Lessee agrees to promptly pay to the owner thereof any damages to crops, or improvements, caused by or resulting from any operations of Lessee. All disturbed portions of surface land are to be returned to original condition within time designated by Lessor. 9. The rights of either party hereunder may be assigned, in whole or in part, and the provisions hereof shall extend to the heirs, successors and assigns of the parties hereto, but no change or division in ownership of the land, rentals, or royalties, however accomplished, shall operate to enlarge the obligations or diminish the rights of Lessee. No change in the ownership of the land or any interest therein, shall be binding on Lessee until Lessee shall be furnished with a certified copy of all recorded instruments, all court proceedings and all other necessary evidence of any transfer, inheritance, or sale of said rights. In event of the assignment of this lease as to a segregated portion of said land, the rentals payable hereunder shall be apportionable among the several leasehold owners ratably according to the surface area of each, and default in rental payment by one shall not affect the rights of other lease- hold owners hereunder. In case Lessee assigns this lease, in whole or in part, Lessee shall be relieved of all obli- gations with respect to the assigned portion or portions arising subsequent to the date of assignment. • 10. 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 damages, for failure Ruleto orcg orhifrprevventednby an act prevented God, of thefpublicfenemy labor the disputes, inability such Law,n Order, Regulation, P to obtain material, failure of transportation, or other cause beyond the control of Lessee. If during the term of this lease, oil or gas or other hydrocarbons is discovered upon the leased premises, but Lessee is prevented from producing the same by reason of any of the causes set out in this Section, this lease shall nevertheless be considered as producing and shall continue in full force and effect until Lessee is permitted to pro- duce the oil , gas and other hydrocarbons, and as long thereafter as such production continues in paying quantities or drilling or reworking operations are continued as elsewhere herein provided. 11. Lessor does not warrant title to said real estate or to the mineral interests in said real estate, however, it is agreed that if Lessor owns less than 100% of the minerals, then, and in that event, the royalties and rentals to be paid Lessor shall be reduced proportionately. 12. Not withstanding in a provision of this lease to the contrary, no operations shall be conducted on the above described land without the written consent of the Lessor. 13. Upon the termination of this lease in whole or in part by election or by failure to make payments as afore- said, Lessee or its assigns shall within thirty (30) days release by written instrument the land or portion thereof which said lease terminates, and said notice shall also be sent to Lessor giving the book and page number of said lease. It is expressly understood that this lease is subject to and controlled by any law of the State of Colorado now in effect restricting or limiting the powers of counties or boards of county commissioners, and any provision herein in conflict therewith shall be inoperative and void. 14. All of the provisions of this lease shall inure to the benefit of and be binding upon the parties hereto, their heirs, administrators, successors and assigns. • 15. This agreement shall be binding on each of the above named parties who sign the same, regardless of whether it is signed by any of the other parties. IN WITNESS WHEREOF, this instrument is executed on the date first above written. • BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: {{f Weld County Clerk aild Recorder and Clerk to themeooaard By: /7 a.`" z. ifte j�� LESS/E.E: Barrett ergy Co pang yy by: f / elss- .Oee William J. Barrett- President STATE OF COLORADO ) ) 55. COUNT'C OF WELD ) The foregoing instrument was acknowledged before me this?'(!t day of Qc 't6:-' 1984, by VI,? hc"" J ' 5'ci eH, Nrs j de :+, get >'el f:‘it e6i' 6o 4 ti> Ni, comen;sion expi res:djuel.„`0' l ld 6e Witness illy hand and official seal. e - Notary Puclic /7 EXHIBIT "A" - DESCRIPTION: Township 5 North, Range 66 West, 6th P.M. Section 26: Those four (4) certain parcels of land in the East Half of the Southeast Quarter (E/2 SE/4) of said Section 26 being those lands described in Book 325 at Pages 67 and 68, Weld County Records, and being more fully described as follows, to wit: Tract 1: A parcel of land commencing at the northeast corner of Section 35, Township 5 North, Range 66 West of the 6th P.M. and considering the north line of said Section 35 to bear North 89°49'20" West and with all other bearings contained herein being relative thereto; thence North 89°49'20" West along said North line of Section 35, 73.05 feet to the southeasterly right-of-way line of the abandoned Denver, Laramie and Northwestern Railroad; thence South 72°19'00" West along said southeasterly right-of-way line 693.40 feet to the true point of beginning; thence continuing South 72°19'00" West along said south- easterly right-of-way line 230.54 feet; thence North 06°19'00" East 354.03 feet; thence North 88°57'00" East 160.00 feet; thence South 04°09'18" East 285.53 feet to the true point of beginning. Tract 2: A parcel of land commencing at the northeast corner of Section 35, Township 5 North, Range 66 West of the 6th P.M. and considering the North line of the NE/4 of said Section 35 to bear North 89°49'20" West and with all other bearings contained herein being relative thereto: thence North 89°49'20" West along said North line of said Section 35, 73.05 feet to the southeasterly right-of-way line of the abandoned Denver, Laramie and Northwestern Railroad; thence South 72°19'00" West along said southeasterly right-of-way line 546.70 feet; thence continuing South 72°19'00" West along the southeasterly right- of-way line 146.70 feet; thence North 04°09'18" West 285653 feet; thence North 88 57'00" East 144.25 feet; thence South 03 49'24" East 243.40 feet to the true point of beginning. Tract 3: That portion of the E/2 SE/4 contained in the following described parcel: Considering the North line of the NE/4 of Section 35, Township 5 North, Range 66 West of the 6th P.M. to bear North 89°49'20" West and with all bearings contained herein being relative thereto: Commencing at the northeast corner of said Section 35, thence North 89°49'20" West along said North line of said Section 35, 73.05 feet to the southeasterly right-of-way line of the abandoned Denver, Laramie and Northwestern Railroad, said point being the true point of beginning; thence North 72°19'00" East along said southeasterly right-of-way line 76.67 feet; thence North 00°00'00" West 64.71 feet; thence South 88°57'00" West 466.00 feet; thence South 03°21'10" East 201.29 feet to said south- easterly right-of-way line; thence North 72°19'00" East along said southeasterly right-of-way line 400.00 feet to the true point of beginning. Exhibit "A" Page 1 of 2 Tract 4: That portion of the E/2 SE/4 contained in the following described parcel: A parcel of land commencing at the northeast corner of Section 35, Township 5 North, Range 66 West, 6th P.M. and considering the North line of the NE/4 of said Section 35 to bear North 89°49'20" West, and with all other bearings contained herein being relative thereto; thence North 89°49'20" West along said North line 73.05 feet to the southeasterly right-of-way line of the abandoned Denver, Laramie and Northwestern Railroad; thence South 72°19'00" West along said south- easterly right-of-way line 400.00 feet to the true point of beginning; thence continuing South 72°19'00" West along said southeasterly right- of-way line 146.70 feet; thence North 03°49'24" West 243.40 feet; thence North 88°57'00" East 144.25 feet; thence South 03°21'10" East, 201.29 feet to the true point of beginning. 16. This is a PAIDsUP LEASE. In consideration of the down cash payment, Lessor agrees that Lessee shall not be obligated, except as otherwise provided herein, to commence or continue any operations during the primary term. 17. Notwithstanding anything to the contrary contained herein, Lessor agrees it is Lessor's intention hereby to lease all Lessor's interest in the E/2 SE/4 of Section 26, Township 5 North, Range 66 West of the 6th P.M. for oil and gas of whatsoever nature or kind. 18. Wherever the term one—eighth (1/8th) appears in this Lease, it shall by this reference be amended to read eighteen percent (18.00%). Signed for Identification: i_ex_9414 (30iIS-. eTted l/,t. cs 1 Exhibit "A" Page 2 of 2 TAYLOR & ASSOCIATES 4889 SOUTH ALKIRE STREET MORRISON. COLORADO 80465 (303) 697-0256 October 31, 1984 Weld County Board of Commissioners P.O. Box 758 Greeley, Colorado 80632 Attention: Mary Rife Dear Mary, Enclosed please find two original copies of the executed Oil and Gas Leases by Barrett Energy Company which I have forwarded to you for recording. Also enclosed is a check in the amount of $164.00 dollars payable to Weld County Commissioners for their consideration on executing the Oil and Gas Lease. When you have had the Lease recorded, please send one of the originals back to us in the envelope I have enclosed so we may file it in our records. I want to take this opportunity to thank you for your help with respect to this matter. Your assistance has been greatly appreciated by me and I have enjoyed working with you. Should the opportunity arise again, I 'll look forward to working with you again. Should you have any questions, please contact me at 1-752-0763, or leave word at the above listed number. I'll be more than happy to assist you in any way that I can. Again Mary, thanks for all your help. Sincerely, Scott B. Fisher Taylor & Associates for Barrett Energy Company Enclosures TAYLOR & ASSOCIATES,,.., 4889 SOUTH ALKIRE ST F�,T V . MORRISON. COLORADO 6'465 (303) 697-0256 4 0CTj9 r-y October 16, 1984 IN64 1 GR_ ' Li GECFY. CO O, a Clerk to the Board Board of Weld County Commissoners P.O. Box 758 Greeley, Colorado 80632 RE: Proposal for Oil and Gas Lease by Weld County to Barrett Energy Company for lands in the E/2 of the SE/4 of Section 26, Township 5 North, Range 66 West of the 6th P.M. (Covering aproximately 4 net mineral acres) Gentlemen: Pursuant to my telephone conversation of today with Mary, enclosed please find copies of pages pertaining to a Drilling Title Opinion prepared by Mr. Andrew Gamble of Clanahan, Tanner, Downing and Knowlton, Denver, CO to Barrett Energy Company, and copies of the related documents for your review. I am requesting at this time to waive the bid procedures normally required by Weld County and to negotiate on behalf of Barrett Energy Company an Oil and Gas Lease covering the lands described that have been enclosed for your review. In my telephone conversation with Mary, I was told that the County for its consideration desires $100.00 per net mineral acre as a bonus, along with a three (3) year teLm, and eighteen percent (18%) royalty as the mineral owner. Upon consultation with Mr. Mark Wilson of Barrett Energy, I was told that these terms were agreeable by Barrett Energy. We also understand that the County does have their own Lease form in which they use, and we are more than happy to oblige with this particular form. If there is any additional information or assistance that you may desire, please contact me at 1-368-9963, or please contact either Mr. Roger Snelleman or Mr. Scott Adams at the above listed number. We will be more than happy to assist you in any way that we can. Thank you for your co-operation and assistance regarding this matter. Sincerely, /J Scott B. Fisher Taylor & Associates for Barrett Energy Company Enclosures CLANAHAN, TANNER, DOWNING AND KNOWLTON ATTORNEYS AT LAW 1655 GRANT STREET DENVER,COLORADO 80203 TELEPHONE 303-630-9111 BAR E.TANNER,JR.E N MICHAEL AMES J.WOZNIAK. TELECOPIER 303-830-0299 IRA JAMES T.AYERS,JR. RICHARD DOWNING,JR. ANDREW J.GAMBLE DAVID C.KNOWLTON HENRY R.REEVE THOMAS C.MCKEE SHERYL L.HOWE DENIS B.CLANAHAN HARRY S.MORROW LESLIE A.PIZZI October 8, 1984 DRILLING TITLE OPINION Barrett Energy Company Suite 112 405 Urban Street Lakewood, Colorado 80228 Attention: Mr. Mark Wilson Re: Meyer #i Well Gentlemen: Pursuant to your request, we have examined the materials listed in the attached Appendix. Based upon that examination, we submit this Drilling Title Opinion covering the following described property: PROPERTY Township 5 North, Range 66 West, 6th P.M. Sec. 26 : E/2 SE/4 containing 80. 00 acres, more or less Weld County, Colorado All recording references are to the records of the Clerk and Recorder, Weld County, Colorado. TRACTS: For purposes of this Opinion, the subject lands have been divided into six separate tracts which are described as follows : Tract 1 : T5N, R66W, 6th P.M. Sec. 26 : E/2 SE/4 , except Tracts 2-6 described below Tract 2 : T5N, R66W, 6th P.M. lying 26 : E/2 SE/4 , ly g south of the south line of the east/west county road, except for tetn rgey4Company s rober 8 , Agar e 2 epag the portion thereof contained in Tracts K.' 3, 4, 5 and 6 . Tract 3 : T5N, R66W, 6th P.M. Sec. 26 : That portion of the E/2 SE/4 contained in the following described parcel: A parcel of land commencing at the northeast corner of Sec. 35, T5N, R66W, and, considering the north line of said Sec. 35 to bear North 89°49 ' 20" West and with all bearings contained herein relative thereto; thence North 89°49 ' 20" West along said North line of Sec. 35 73.05 feet to the southeasterly - . right-of-way line of the abandoned Denver, Laramie and Northwestern Railroad; thence South 72°19 ' 00" West along said southeasterly right-of-way line 693 . 40 feet to the true point of beginning; thence continuing South 72°19' 00" West along said southeasterly right-of-way line 230.54 feet; thence North 06°19 ' 00" East 354.03 feet; thence North 88°57 ' 00" East 160 .00 feet; thence South 04°09 ' 18" East 285 .53 feet to the true point of beginning. Tract 4 : T5N, R66W, 6th P.M. Sec. 26: That portion of the E/2 SE/4 contained in the following described parcel: A parcel of land commencing at the northeast corner of Sec. 35 , T5N, R66W, and, considering the North line of the NE/4 of said Sec . 35 to bear North 89°49 ' 20" West and with all bearings contained herein relative thereto: thence North 89°49 ' 20" West along said North line of said Sec. 35 , 73 . 05 feet to the southeasterly right-of-way line of the abandoned Denver, Laramie and Northwestern Railroad; thence South 72°19 ' 00" West along said southeasterly right-of-way line 546.70 feet; thence continuing South 72°19 ' 00" West along the southeasterly right-of-way line i ' .tt Energy Company ,Der 8 , 1984 ge 3 thence North 04°09 ' 18" West thence North 88°57 ' 00" East 146 .70 feet; 49 24" 284. 25 feet; 144. 25 feet; thence South Oe point ofEast 243 . 40 feet to the beginning. T5N, RW 66 , 6 P.M• of the E/2 SE/4 contained Trams 5 th That portion described parcel: Sec . 26' in the following A parcel of land commencing at the northeast corner of Sec. 35, T5N , R66W , the North line of the and considering Sec. 5o bear North 89°49 ' 20" West N Sec. 35 bearings contained r and with all thence - herein being relative thereto;aid North North 89°49 ' 20" West along line 73. 05 feet to the southeasterly right-of-way line of the abandoned DenverLaramie and Northwestern est Railroad;, thence South 72°19 right-of-way along said southeasterly point line 400 .00 feet to the true p South beginning; thence continuing 72°19' 00" West along said southeasterly right-of-way line 146 .70 feet; thence North 03°49 ' 24" West 243. 40 feet; thence North 88°57 ' 00" East 144 . 25 feet; thence South 03°21 ' 10" East 201. 29 feet to the true point of beginning. T5N, R66W, 6th portion the E/2 SE/4 contained Tract 6 : That portion of Sec. 26: in the following described parcel: Considering the North line of the NE/ 4 , Sec. 35 , T5N , R66W, 6th P .M. to bear North 89°49 ' 20" West and with all bearings contained herein relative thereto: Commencing at the northeast corner of said Sec. 35 , thence North 89°49 ' 20" West along said North line of Sec. 35 , 73 .05 feet to the soautheasterly ed right-of-way line of Denver, Laramie and Northwest true Railroad, said point being the point of beginning; thence North East along said southeasterly " thence right-of-way line 76. 67 feet; right-of-way I %• ! rltt Energy Company ;3!-el 8 , 1984 z4 4 North 00°00 ' 00" West 64 .71 feet; thence South 88°57 ' 00" West 466. 00 feet; thence South 03°21 ' 10" East 201. 29 feet to said southeasterly right-of-way line; thence North 72°19 ' 00" East along said southeasterly right-of-way line 400 . 00 feet to the true point of beginning. bURFACE OWNERSHIP: Tract 1 : Merel Meyer and Viola M. Meyer, All tenants in common Tract 2 : Roy Lundvall All Tract 3 : David Fetterolf and Bonita Fetterolf, All joint tenants Tract 4 : Richard E. Warehime and Willa R. All Warehime, tenants in common Tract 5 : Marion Ray Hanes and Sandra Kay Hanes, All joint tenants Tract 6 : Ruth Carey Ploge All MINERAL OWNERSHIP: Tract 1 : Merel T. Meyer and Viola M. Meyer, 1/2 tenants in common Lillian I. Straight 1/2 1/2 Tract 2 : Lillian I . Straight 1/2 Roy Lundvall All Tract 3 : Weld County All Tract 4 : Weld County All Tract 5: Weld County All Tract 6 : Weld County LEASEHOLD AND WORKING INTEREST OWNERSHIP: 50% Tract 1 : Alarado Resources, Limited 16� Zenith Drilling Corporation ,tt Energy Company LL- � 8 , 1984 rot` 19 requirement: You should conduct a surface inspection of be 22.bject lands to determine whether any of the facilities or of the Hill-N-Park Subdivision impinge upon the SE/4 SE/4, . 26 , T5N, R66W. You should also contact Merel T. Meyer and .1:17e1 .. Meyer and the principals of the Hill-N-Park Subdivision, v. ,Ur Quarter Land Co. , Inc. , the current owner, and John L. Shupe :.d Ivan D. Shupe, the original developers, and confirm that none of these latter parties or the Subdivision claims ownership to any lands in the SE/4 SE/4, Sec. 26, T5N, R66W. Quitclaim Deeds should be obtained from these parties to Merel T. Meyer and Viola Meyer, tenants in common, confirming the Meyers ' interest in these lands except for those lands south of the south line of the east/west county road. With regard to lands south of the county road, a quitclaim deed from Four Quarter Land Co. , Inc . should be obtained in favor of Roy Lundvall. These documents should be placed of record in Weld County. If such Quitclaim Deeds are not obtained, you should obtain a Stipulation of Interests or other agreement between these parties delineating the mineral interest each purports to own in the E/2 SE/4 , Sec. 26 , T5N, R66W. If any of these documents reflect ownership of these lands that is other than as described herein, you should obtain and record oil and gas leases from such owners. If the Hill-N-Park Subdivision, by Four Quarter Land Co. , Inc . purports to own these lands you should determine the basis for its claim of ownership and contact us in order that we may give you an opinion regarding the advisability of taking further curative measures. 5 . As noted above in Comment 2, Merel T. Meyer and Viola Meyer conveyed all of the E/2 SE/4 , Sec. 26 , T5N, R66W lying south of the south edge of the east/west county road to Roy Lundvall by a Quitclaim Deed dated September 28 , 1966 , recorded September 30, 1966, Book 574, Reception No. 1495596, Weld County. Prior to obtaining this Quitclaim Deed from the Meyers, Lundvall purported to acquire most of this parcel (Tracts 3 through 6) from Joseph W. Brough, Jr. and Quintus C. Fuller by a Warranty Deed dated March 27, 1965 , recorded May 19 , 1965, Book 542, Reception No. 1464004, Weld County. The specific lands covered by this Warranty Deed are as follows: A tract in the NE/4 , Sec. 35, T5N, R66W, 6th P.M. and the SE/4 , Sec . 26, T5N, R66W, more particularly described as follows: Considering the north line of the NE/4 , Sec. 35, T5N, R66W, to bear North 89°49 ' 20" West and with all bearings herein relative thereto: commencing at the NE corner of said Sec. 35, thence North 89°49 ' 20" West along said north line 73 . 05 feet to the southeasterly at Energy Company toper 8, 1984 a4 e ?0 right-of-way line of the abandoned Denver, Laramie and Northwestern Railroad, said point being the true point of beginning; thence North 72°19 ' 00" East along said southeasterly right-of-way line 76. 67 feet; thence North 00°00 ' 00" West 64 . 71 feet; thence South 88°57 ' 00" West 914 . 50 feet; thence South 06°19 ' 00" West 354 . 03 feet to said southeasterly right-of-way line; thence North 72°19 ' 00" East along said southeasterly right-of-way line 923 . 94 feet to the true point of beginning, containing 4 . 394 acres and including Public Road rights-of-way. The lands in this metes and bounds description that lie in the SE/ 4 SE/4 , Sec. 26 , T5N, R66W, comprise Tracts 3 through 6 . Joseph W. Brough, Jr. and Quintus C. Fuller purportedly obtained these lands from Henry F. Markus by a Warranty Book ed dated February 10 , 1964, recorded February 10, 1964, Reception No. 1428759 , weld County. Our examination of the Weld County records did not reveal a conveyance of these lands into Henry F. Marcus . Presumably, such a conveyance does exist, as described below, but is not indexed against the E/2 SE/4 , Sec. 26 , T5N, R66W in the books of Stewart Title Company, Greeley, Colorado, which books were relied upon in preparing this opinion. The records examined contain a document entitled Relinquishment and Quitclaim from Weld County to Persons Apr Tracing Their Title from P.H. Ferch, dated April 21 , 1971 , recorded il 26 , 1971 , Book 644 , Reception No. 1566416 , Weld County. This instrument references a Deed dated September 30, 1947, recorded October 1 , 1947 , Book 1212, Page 331 , Weld County from Weld County to P. H. Ferch and states that the county relinquishes its right to enter upon the surface of the lands described in that Deed , but not its interest in the minerals or other rights therein, which mineral rights were reserved in the Deed. The Deed at Book 1212 , Page 331 describes numerous lands that Weld County acquired by various Treasurer' s Deeds. The Deed does not specifically reference lands lying in Sec. 26, T5N, R66W, however, it does refer to a "100-foot right-of-way over and across the N/2 NE/4 and across the S/2 NW/4 as described in Book 325 , Pages 67 and 68, Weld County records , Sec. 35, T5N, R66W. " The instruments at Book 325 , Pages 67 and 68 are Warranty Deeds from Payton O. Blandin to the Denver, Laramie and Northwestern Railway Company and do not specifically reference lands as being located in Sec . 26 either, however, it does appear that the metes and bounds descriptions in those deeds may include lands located in the southern portion of the SE/4 SE/4 , Sec . 26. We also note that an instrument was recorded on February 10 , 1964 , Book 507 , Reception No. 1428760 , Weld County, which instrument was executed by Willard R. Quirk, a Registered Land Surveyor and Professional 9 tr energy Company teL 8 1984, E,..: -leer, Weld County Surveyor, and states that the survey was ,er-CImed at the request of Henry F. Marcus, Greeley, Colorado to property previously described in Book 325, Page 68 , of the r ::-.--rds of Weld County, Colorado and a part of that property Previously described in Book 325 at Page 67 , of the records of Weld County, Colorado. The instrument states that the d -:.:riptions in those instruments were found to be physically and nsthcm<<tically incompatible and that after evaluating existing r.,c-dence such as fences and the Denver, Laramie Northwestern road the surveyor determined the actual description of the lands . the corrective description recited by the surveyor is the same as thu metes and bounds description as that in the conveyance to Roy Lundvall set forth above and covers those lands described above as Tracts 3 through 6 together with other lands located in Sec . 35 , T5N , R66W. The surveyor ' s affidavit does not technically act as a reformation of the prior deeds , however, it has been of record for a substantial period of time and, arguably, constitutes prima facie evidence of the facts stated therein. Thus , we have made the assumption that the Deeds at Book 325 , Page 67 and 68 combine to cover Tracts 3 through 6 and that those lands are among the lands described in the Relinquishment and Quitclaim dated April 21 , 1971. Judging from the Relinquishment and Quitclaim from Weld County recorded at Book 644 , Reception No. 1566416 , the County claims ownership of the minerals underlying Tracts 3 through 6 as a result of a mineral reservation contained in the Deed from the County to P. H. Ferch recorded at Book 1212, Page 331. Although we have not located and examined it, the County apparently obtained its interest in Tracts 3 through 6 by a Treasurer' s Deed dated April 8 , 1940 . A treasurer' s deed constitutes original title and would have provided the County with clear title, free of prior defects or claims of interest. Given the length of time since the issuance of the Treasurer ' s Deed and the existence of and information in the surveyor' s affidavit described above , it is our opinion that the County has a strong claim to the minerals underlying Tracts 3 through 6. We also note that the issuance of a Treasurer' s Deed would have extinguished any interest of any predecessors to title of the Meyers, Straights or Lundvall and, thereby, extinguished any claim to minerals that they may have regarding these lands. It is likely that Henry F. Markus, and later Roy Lundvall, obtained their interest in these lands, being a surface interest only, as successors in title to P. H. Ferch. We have not reviewed specific documents confirming this , however, since it is only a surface interest that would be affected, your drilling operations should not be hindered. In any event, it appears that the conveyances described in Comment 2 have cleared any question regarding the surface ownership of these lands . , + .. ' t Energy Company '' t orpi 8 , 1984 one additional prior interest in a portion of these lands - , , discussion herein. A Decree of Foreclosure and 9l7�eBoof 1915 , recorded September 21, ok _,erty dated April 24 , was entered by the Denver District 1:age 4 , Weld County, various Cc _,:_t in Consolidated Action No. 55132, referencing -,'LLnti-ffs against the Denver, Laramie and Northwestern Railroad. ;;; pert of the Order, the Court required that defendant pY __intiffs certain amounts of money within a limited time period. els of ili the alternative, it was ordered that numerous p aofel ooerty be subjected to aforeclosure sale, including 9 a lying of property described as "a strip of land (2 te north of the right-of-way and adjacent thereto R in W h 6 h /4 E/4 , Sec . 26 and in the NE/4 NE/4 , Sec. 35, T5N, Subsequently, a Sheriff' s Deed was ex , e uteri o from Dewey, 1917 17 recorded at Book 471 , Page 508, City Bailey, Manager of Safety and Excise and ex_offiThis io heriff referenced and County of Denver, to M. S. Radetsky. the Order of the Denver District Court to a nConsolidated os Brat d Action sale o 55132 . The Deed was executed pursuant dated May 16, 1917 and included the same strip of land described above . Although this Deed to eM. la . gad t sky does is most likely specifically describe the subjG referring to the lands described in the QrrantndDeed o tthe Book 325 , Page 68 , Weld County, from Payton discussed above Denver , Laramie and Northwestern Railway Company and covering lands described as follows : a triangular tract or parcel of land situate in the NE/ 4 NE/4 , Sec. 35, T5N, R66W, 6th P.M. and more particularly described as follows : Beginning at a point which 102 feet north and 134 feet south 88° 57 ' West of which purports to be the Northeast corner of said Sec. 35 , said point being the intersection of the south line of the county road as it now exists on the north of said Sec. 35 Laramie the Northerly boundary line of the Denver, way and and 50 Northwestern Railway Company' s right-of-way t angles to the center 0 feet Northwesterly of and at rightroute as located h line of said railway company' sthence south 88°aid Sec. 5; along through, over and across st3line of said county 57 ' West 780 . 5 feet he south road to a point thence south 6°19 ' West 244 . 7 feet to a point on said Northern boundary line of rights parallel to ; thence north 72° 19 ' east 50 feet from lace anof beginning, the center line 848 . 1 feet to the p more or less. said Tract of land containing 2 . 19 acres, i ett Energy Company 8 1984 ate.r , .60) ` 23 ad above, the description in this Deed.,., srted28e y No 4 760 , e.,or' s affidavit recorded at Book 507, Reception to the County. This Sheriff ' s Deed was issued prior ;-.,:asurer' s Deed by which Weld County obtained the land discussed rsm which we have determinedrLaramie andNorthwester the n Railway above _,;p. Bland in to the Denver , ` ,nf,"ny, Therefore, we have assumed that any interest of M. S. a,detsky or his heirs or successors was extinguished by the Jasurer' s Deed. We note that Sara Radetsky executed 10 ,20-year 956 , Gil and Gas Lease dated June 12 , 1956 , recorded956, Book 1461 , Page 470 , Weld County to the California Company. Th lease was amended by G. E. Radetsky and Florence R. Lidner, heirs d of Sara Radetsky by an Amendment of Oil andk Lease 50atedeld January 1 , 1957 , recorded May 28 , 1957, County. There has been no further activity regarding the Radetsky interest. Requirement: You should obtain an oil and gas lease from Weld County vering those lands discussed above, Tracts 3 through 6, which lands are fully described Reception No in the s0surveyor' s is affidavit recorded at Book 507 , also recommended that this lease recite that it is intended to cover lands described in the Deeds recorded in Book 325 , comprise gs and 68 , Weld County. We note that the lands in nu question h to make a very small number of acres and, therefore, you Y satons the business decision not to suspend your drilling op prior to obtaining this lease from Weld County. At the time of recording this lease, you should examine the records of Weld County to determine that there have been no intervening conveyances that would affect title to the interest. As scheduled above, Tracts 3 through 6 each parties t have different oiffe nt wn surface owners . It is our opinion that these a mineral interest in the subject lands and, therefore , that it is not necessary to obtain leases from them. You should be aware of the terms of the Relinquishment and Quitcliam the dated April 21 , right 1971 whereby Weld County relinquished any to er enter upon uo . surface of Tract 3 through 6 for mineral exploration p P 6 . We have scheduled Lillian I. Straight and Roy Lundvall as owning a 1/2 mineral interest ecently unleased.ach in the lands delineated ias Tract 2. These interests are p Comment 1 , while Lillian I . Straight oowns this miMeneral Meyer and nterest, the right to lease the interest was granted Viola Meyer in a Warranty Deed dated January 31 , 1959 . The as well Meyers subsequently conveyed their intere It inLundvall , has as Tracts 3 through 6 , to Roy L subsequeygrantees ..tl ItC°is eunclear cwhether rRoyh Lundvall 6 out ° four or Lillianian I . Straight has the right to execute leases on the mineral interest owned by Lillian I . 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''gal Pau“-...--N . v.rao.tas .•B am 4 the seam MW r.i dS SpaillY4 ma Is ad Oa Wawat esI St W.ilea that r tlsZO“-ilyf ad ea way Um .ai eta r t a r r"r pry,h top a:a t..l.aaa— rib yawA aremlf4W. ail the v r(i•ps_owl ela a labsautue- P I .W is Ilea Oil Sim buer�j!prfpyya mfr as grin mil Parbr laid .K ra.rWlmt.'-..•< nil✓.e.W I.�.i.41 aAeeAWTWAnDfyalfee DIDEND NET+ri .I. u..r.+.Y:ay f.n Ym.r.r..le lne rO.rplrr 3 IN WITNESS WHINED',The ate Pfl.: .,.r O.r Jimar.a.Aur ,r br tae bras r... bad .r rrL..Oe y mi.+�n.t • arrruMrrrnrl ....n;.(rtm �:/{w.k.I . i STATE UP COLORADO iSR I 11aIy ID.IRS/!./L..a..�f.4*is febirrte W. _ .. . la ��}}��bb••..qq .-.. • SWIMS&rlabm mitt r-..✓ yI,:W.(.'.!:l(rrM- _-.---......................Oa le pa*bra wane r • ;.......sat ..1r..l.M.at Sae r Or.b I srry..rrsyr aret,� Wfaa-.aanISain /-...Wir rim. 1<� el abb.a.....a bey Alse4aWrOYam.t OaW YOGI . �y .-. `rmaTa...................iboaremrrr6esae► ek,g, Nyanni senier.j//:eh*/ weal Yfrw.p L.e. r yea.._...:-lr:�.w♦... ::........1^' �f .miner_. .>.f6rirt.s ✓./rwpf 4 4 . __._, -_- ___ n dd..�'3. Ya'✓• W .r€:. 6 .41st.. . t 4t;' it. i Y S Y 5 Yl}d 1 i ?'.s.o++�zo111l map •;° ern rhea covert-r..,u...,.seas,uwq r ` -e nf,ll I:a i r.t - Us AU dllHd bg algae AR/tD}1,ms "ere..T:aw.a5 MS..1=..sift.,sets• a ai_ns_en a.1pata $SZ____....N.W.a eweete del rtsrher dnnlld papa",r weld Cars. ' •♦ j wit)s asa-a *IsI a W sad a Cd"de.W rd it+.a.'r Ikdra1 'awl a W maid Y 1 ✓4"ante F.WM SW -�Ie.Eylr Iasi a LyJy�r�c+��1ptodne wd b.a 1 ate+.!{�N' 1 W. y�na k. tMD.L f }IsIYt' 4id.�fa��•«°S Mega. AND AIiRTAS.he �y Cah by nail ad or sake•W o Vella retie•led Rea Eels*n he Sealed he tee boa a.___.. . Pte.. 1'1 M! ._.__. ..,. ,,...pn d rend timber I..r ad art a WS: the dal elks s • 'eel r eau tee thirty gays son ',as leaeay b ,y.beta lb.ea a b a•k, W • d tone I.e. an Ike der Sys Work Me.fr•-bola,v.le,ad ad net add sax Y• ,t: plat . reel,Care se tot a rat din. .,a(elan the b..1 teal sale. W deaew r d0 r•red.nr Ia sit Al Pak salt.;.derma-a,r I.Tt• day ad September .. .1N T. Ia lineal pale a woad i,mild death rk.:1 • 171 OACD NY•:elves a ,- r per w..S R. _ e elan ., .d a CO_\.a..YS tin r4.e '.Zee'-ed bra bid he e.•: .•r--1(mid hey eta the. aw.•1..1•.r emm. •(•t,kd d.r lint tut saber r4 by die news e....a ad -.1 PM...y t _a."veld Is lr lend a r Cay Csa.kr. dn d IN mil Came"d N'ed. 'I it 41DTITIIR.S.Ir u1t . .. '• ' ' laa pad tit..- d 40 IV Tt IlIM•pedM meant? IXIU_aRS ad M t i HI lull reran d awl de la end p. nay. VF. *ow THEREFORE.Wad carry.by !'staid F. lees i..-..,mate••,erred.s erase • the deal helm the..e-aeesa Y•••^t0 P. 9...... ,.he dale gather.,i DeFIN.Cense Tenser,• . Nrd fxdy.ones owe.he dI wtb el the Bed a Carty ('a•en+aa.• d WAS ...sty W w sitters) nasty meant.d.wrswe.W S. to ad I..elan."la•the ere d SST*-mu• .4 'tee•ty IN1t.ESRA r w fl:YTT.Iv.1 a ""meld.W be vela d the enor .•.•raw we W '. p.. •i44 by ilea t...ms don ins Wean W all.r tent.A..t.iat mil roar.item 2/V F$i Tattoo N. Tonality t"era• "la*69 bet. • 9• !Ink Inman k y leln 'nea In 4W31.1:"la*rte*1.+ b, tem"L r nee", by w I, +alt - It• via /tae. N Beet e, bin garde. Is NUM'/, Tani'. ale. Tk.n*1e d 'art.. .are to •••e at W III 1•B: la Bunt Iliat.. Pt. 14' ■W et B 340• et r,.2. %dated TIt %Mehl•E "seen. ben•t lest at the d0 r.V. Tds$z'iivfl, Antis. '. t.wdt•4 seas. Raw Ill ial. bane r . •e. VisemrwItme 14 $.too Nee le ref./t. • sine et her• •• est•elle et • 1$x•..a ' Ile G. NI. w • iii. .s-' le esl, e'• ■d s lie et Ge e. w 1 Ito* et ale!' •Jet, `Nis• ^I. .a . se eons r ldtt we' N et. e e nap c. let r Oa]etB•, 'belies T. M1 'W 4 n•, I. ,e x axe (•.a,Ml in•incise• mt.", ..vii •e, •.- �Mle .rt , Bs.Seei �. .e1T«awe«.t1Y 11x• etrnr Was al let. •.N sera, as r-aetd•d In wt T`, -heal 1l". 100' N.ear.. serape WIT}s d..-r1Med to •a4Y 311, lime•T, 'eel es. bean*., -anise le, Taa.1B 0'North, Lama 44 lost. 15.44 x•) 100• t/e ever•used 4..1161 • *mower"tsellk. Si tseertry In Ma MA, tew• N• St YN [M al AMe_, Twtla Ss, Tkeafe B same, bete dd 'wt• It"ale l alma r•t!TIF. Tnilre r, T.awel/•S•ert•, P.ex t{ .w*. •. WI ewer m tante Bi}Blt. Welke S. Taw." • 'ere'. Pao" N ow". V•ear• Mien*,shine hntt}ls WI,,y.TItorsaeeb•Pose, 'boa . :eat. s. ix•N awl N t► dtrc• _ •f�r Y••Tw�'.1 the ram el.rlBa e�Cats)W rent .wr..I•a w the t'il]bon nee es t•aees.salts men*On ad Wilk,rare.II ay.name floss d ea Sr pit q4 enemy ash al se ay ore a ad lag alar a adds•wt.fee erlrr d ee stead.•d anima le ,idle Seen ad memos is.ler,d enema, *1 aloes and art ar.M.leans re dawa.da, alt,Mei ad base le W Cealy d Weld.Sae•Cabala win is std P. F. •.Pt _ - IS AS,Ins has ad we.alma en P••a ss el by weary sinewves.d.4,4,,,,.•a the aloe• n►•lla.W sets"W Ira s lama as . TK dad is eat personal u mann•the ern•flay('.ert.tea. el .'ad Cease, C . My bob and nand• and he a prn.4•the 13a ay a sont•••'•r _ A.D.Pr—. lsba bdA. . err._._._ Ceaddrm.be•A r eine.W—le ISM•Asa Cie. peal le a le eel•W Cray.Cdadr canard ail sal ear in•tad prey area • M minas semuttor.t_bred IL tea. .Cestodseken lop/NMI,see Y as,a y ahl Car a'by vim.a she rep err od d le the e her Ind•Coy . • Conker.se she 311th. day• !et 'tr..Ins 4 A roar.l ay ltd ad rased the sat•W Camel ( *• MAIL) . 1 1 'Dec r , tar. . 7777 em SIMS Coo.' aB • art ' • "9• ; I v1• a ep• ._1 ,leers., .dirt. '•. -' &Silt , cf., ` •` ••,d'_7 (1e dew gee"""d Nas Y lied. - _.� i � � {Aa 1flf1d r lead�d 4kN� � TJtiI ...max aktairnl . . . .. \ a.++ a *. -4t - .. . ___ ___ '•a : . C.-‘,1„,„.2, is • C. `. :t _ _. .. cone touter .. �....... ....., . .. Lr��a/l i.•1.Tc)• a .`. tfndm All Alin bg alrer ;twit nu.Tr.Nom,....a T'n,.rr.tarts)ea ape rawest ..r, . 1•t cab of ratabta. . , 19 it butyl.,.W 4nrrhn darting mama r Weld Comm I I 111 .,nrd tasty nI it Stair of farads.ad ad Treaara.• area a ans. Sall day ncatd a Ii,-4-11, 1144 •:1'•te•• 391 la•A-rnvrA,d ab Cady Ile.k sad c r.rear d at Cady d Wad.Seas d � A %%I%%II 11111 V. P O. . I own nl the 6tory d Nell ml +. m.W.aid smarmy as mewled „ I.. .a,I•I i..r,.. .r .. ale al Nolo. auto,.d fly A Mail!date In br tabard s be wan d _ -__ - •..•1•, -tat•• • attain's raw•.1 enrdnma is to.•N Caere • d t9rld: a 4. .. . alrMre .` w •.•. a.n , a c �` V a % ;11. - curb, �' AYt • . ,,,,,..„ ............• a'..nly•.r P •I Infm Ay,.tenon' re .Ira d vlt ale; and annals • , .„ . I r or !..,ale at rata IAm ' 4 I .• .'aa m) d ".p1""rr der • • I ., Inl p:.u. •..I ion m dal ad-mewl boar.I w. •v.rtna b1 •. V • • Nylon' S tat?r n, het.rr 5 Cosa of ...11 _ ate ..I .r to .h.1 In'ad P•pniy Oar am ni `-rty frNltt4 • • ,I r� Ca:S rs chili al ham a4 bleed ml bar Ad is etch is has l.M bin•wan waled rd.4 ib Ivor, are retool d Ow loll u.h salsanookIb by ib Coma• ss d tw ad arty) as waled 1,,,,•I 4.4m.• 1'.mn.+ ,d ib.a l Casa d Weld. - • .•n 1\III RI N he•.a1 n• "el•n • ••t•., •. "eter aye WE mid 14 oast d ^r•• Itnt I lt• .d no TINTS .. p .. ,... I ..vl I-i l.r•vl plane '.r,a I lit It I l r int Weld roomy.by Stoll ?, 4'.at ii.r.rmi.alr,aaydmM to emote . n.I Lane IM •am pr..m at 'brat) ". :ra• .t4 ddr pa•bhnl allIpasa ready Treason .4 Ia r I.'t\•,nil ..lone atm Ib, direction d tr ib.td d Cuts) 1'arm....wt. d Nrld Cary ad •c lallaa11t1 , I.r,nano to twain.ihh dal.1ay and r rrwbr•Irl Si IS..s Si 'en' I o d I \L•. al •a .t its. Lid r alatewd.ad be•Inge d deb danah r tab car made sad .r..irl In Ibr, rer.at.dw it Mime ad orb Ile latlwse.b.•NM..d rata.road. I.. •.•, I .r, tlrb 'q, -.starlet / I..rcpt rrwcains in boa. Of t4 Em amide IlaiboM Cs4.ay ad eorp n.•,bas r 14 l card Saba I'.1 ni iwl I.-n.xy tuning recess. an .d leripih'.drab.II say. mama •iota d MI lac MS bl+ .. , ml rn.6 And In an ad all rated eafaera et tabard say.buyer e•ifr•red or asered.am..read to ....N.:, l...l....•. e, ,..Inw l alng w d cart aa therefrom,to trnr. ad al.pa at ralt b s arias tbensel.. - .mun.line awl ran.OS the Cowry d Weld.Man of C•Ade.as I4 tad E. V. Patter 1 rather •, ran then I ttin ban awl aslq.•..Ilbarl any cowrM.d•Mnaay inhumane tied whale to a 11.e rya d •,:rem•n by moor.. m..o parts a Ida*at pawn by la., Tbl.dad is made marl Is rwalir,l el it ear d l'sry Crdakatt d Weld Casty, Calm, . •lily taste ad eared d rasa r r•pran•dl•p ib 1Mb ay d -latMrr .A.D.ir__. armada a paella E. scat . . Csaaf.arr abarad.is rant Ebb dad r brad/el Meld Cry, ..M to ape 14 nap d Weld Cat'. Cdasr,eesayra aid red bluer be sort pay bnsp IN W IT\t_G4 matzo,.I. mon v..5. J. .(•__. .ar appal I ream.this and.a triad of au Cry r by.inn of it wary.moist r IS may made by.W Mead d Cray �., Caraaloono a the l5r day el Senyaa..r '.. ..III t±ben bewails tot ray rd.d.cold i4 w d .aid¶ •ter ay d t�Cl La4arr . 1 4' del' - ` ems Selllade 1 . Ire C der o Ideawt.�• away. • STATEQ • •'Sbc. dad•e4d 4/an ea Mrs 30{E t.. ...aMdl — — _ ..\D.In. a a ...M i[ 7 _...Caskan.rydred le manse alai find. ,'\\\• i r '. WITNESS me NW del Oerd Sal. . i `<+w' Cleat DI= riot` p Osibliliplieb. I 11 • • a A - py r y.z y...>- v K'" :.M ;�' '�' n `� r •'is 9 e "- ' v x r r, V T Fy G rJ y..—, los .50'7. 35' pyx.) 10 1964118 'a L- l l rc Na.1 Sim.. ,, a. Nt 8« M1 1l, - N E. C5 Q h �St C.35-5-L,.. Ia1{ TRUE PINT or BEGINNING " { 9Y iTJCR r0... I c + { c' V :.`\,T14: .1',i p I cos I1r rdaCR POLL \ I •,` ',\ F H% . r1E. CoQ Jea o,, `3cc. 54-5-66 ° rte . 0 0 3 W o z jo 'g, \ 3. ,. n 1 4 HI .; m ', . W' t"\ 1 I Q I p\ . V: Z N t 5,:a 0 W a . is✓ l7 N.E.COR.r.Ica 2 TI \ - Y' • f Ly r' 5ec.35-5-44- V- Y r 0 v ,�yfW. _ 2 I W l •i i \ \ \ - , L '�.. �\ _ I r \ Zj ?<4� a•19'- •, % 11 _ 33{ of AP { +r M { u NORTH LIIJE Ste j6-5.4.f. ✓•. b4��y as 4.-57){ ...,4,...c.„ .✓ , :.a ` t _ 1,1, a i)P�` `� '�_:.� '�' �i, �,� ?y e� � �+� bFt '/P '� n+'°^" * 'R, a � � o'�*• } 4 �K �`•� �.�' +Sty x i . a Ye e. > grx 3 t, H '-'4 r x r d,{ f , . , Y¢(,t.. IX - 9 t �rti S , ': o -.41.`,.; '',2r, 4f • Y w t ,:t4.4•. 'Dog 501714'Zti'7fi/) ., sy r A I hereby certify that m December 11, 1963, a survey was performed at the request of ^ t., w Mary F. Nate e of Greeley, Colorado, to properly locate prop.rty p»•iouslydsscribeA '40:' 'idt �" is look 725 at page 69, .Lpption No. 15:160 of the Records of Weld County, Colorado, ±;",s`A.. i)� a ad a part of that property previously described in Book 325 at page 67, Reception4.4 z ) ,f Ie. 152159 of the Records of Meld County, Colorado. sl ¢�','jig",s 44 r 1 Hrt " " ,h - These descriptions here found to be physically and mathematically incompatible and bits ,' ' after evaluating insisting evidence such as long established fences, still visible . xb(ka,, An. signs of the old Denver, Carter, and Northwestern P.ilroad reed had, etc., it was6. R ° x, detereisad that the property is sore properly descri-ed as follows. '''.# ,. S:.) a A treat of land lying in the Northeast Quarter (NE1/e) of Section 35, Township 5 North, Rage 66 West ad the Southeast Tarter (SE1/e) of Section 26, Township S North, Rage 66 West of the 6th Principal NMridiw in Weld Canty, Colorado, being sore ,,dr r„�.,x,� 7 partiaaiarly described as follow: ' z•rx£ -}7h` " - Considering the North line of the Northeast Quarter (NEl/4) of said Section 35 to Mar 4 4 1.. '4 rg North Sr ►9' 200 Nest ad with all bearings eoetaissd herein relative thereto: f r 4 Commencing at the northeast corner of said Section 35; r r Thence North sr 49' 200 West along said `forth line 77.05 feet to the southeasterly hti' Rightrof-Way line of the abandoned Denver, Lan..2,ad Northwestern Railroad, said x .-.'".7p,.;.4.A s point being the True Point of Beginning; r 4, Themes North 72° 19' 000 last along said southeasterly Right-of-Way 76.67 feet; ,,y:`s,l st Thence North 004 00' 000 West 64.71 feet; Three South Sr 57' one West 914.50 fast; fit , ,.,, , Tuna South 064 19' 000 West 354.07 feet to said southeasterly Right-of-Wag "*'= ' j. . �'� ' Tuna Themes North 724 19' 000 East along sell southeasterly Right-of-Way 927.9► feet to the Tree Point of Beglasing. 'k y P; a .. Said treat contains 4.396 ante ineludiag Public Road Rights-of-Way. further certify that the survey was performed under a supervision, that the attached S .4y, plat ad the above legal description reflect the results of said survey, ad that all s `it,f " }.•,�' r statements hereon are troy to the best of my knowledge ad/bel/ie'fo.y///]y///I/,, ,.�// /// _ •9•y' :. +� (/V .toz ^^tee t o WI.R., A�- cx .EMC r f , Willard '1. Quirk oL .r t Registered Lad Surveyor .K • ad Prefeeaiecal Engineer a,4' .,r Colorado Rag. No. 2662 +us t�vv... 94x . .1}_ Weld Canty Surveyor Aeiti R° i • m ( : . NELSON, HALEY, PA1TF.kEON, and QUIRK• � Fagin.:erirg Consultants t Greeley February 5, 196► Colorado k . f' Dr : �,yy r ,e Ni a* tieF; G.9rc:n,-(az J '-. fiJN P'k. Y 5 -t,...y_ 91`i::: 1t �• Y � . f , ., . O I r► 644 1 a29.7-. P. APR 26 WI I 4*i'. r.rr' r i s..IN 151 L16 .ra a,rte+, as i r XI Ii { . 1 0- RELINQUISHMENT AND QUITCLAIM 'Pitir 1"4"r.,4 no I } CI from ,a, i 'O rt WELD COUNTY, COLORADO, A MUNICIPAL CORPORATION sF*^ .r.. InI yell in , O o ' I 4r NO I N 1 `f ° ' I tq 5,.1 ierdo t 1,A13't 4t { ,. . R :":f i togt ;u THE PERSON OR PERSONS AND OR CORPOR- .t 7 ATION OR CORPORATIONS TRACING HIS, HER, y rte ,; 1 THEIR OR ITS TITLE FROM P. H. FERCH, OF THE COUNTY OF WELDirl , STATE OF COLORADO. I t 2 „ �yy, M�^ty 47, : PP�$$��FFyy��yy 4. .: J l• �t � ' April 21r 1971 '''' . i7:::,:r.; 3(.21:.: 2t Releasing, with respect to certain land in Weld fe ,* County, Colorado, right to enter upon surface 7''' t, 4 i of said land under certain reservations in prior 'f i'''•-'1:44 front Weld County, Colorado, a Municipal ti �„ .t Corporation, to said P. H. Ferch. • ',x �x I. ;:;,1-1,.,17::::::',1;. f ,$ ;&Y, a :,',,,,,;,..•;,'A,1;., arx • - `! 1O6691O q-R THIS DEED, Made this 21st day of April , 1971, between WELD COUNTY, COLORADO, a municipal corporation, party of the first part, and THE PERSON OR PERSONS AND/OR CORPOR- ATION OR CORPORATIONS TRACING HIS, HER, THEIR OR ITS TITLE FROM P. H. FERCP, of the County of Weld, State of Colorado, (hereinafter called "Grantee"), party of the second part, WITNESSETH: RECITALS By deed dated September 30, 1947, recorded September 30, 1947, in Book 1212, Page 331, Weld County Records, Weld County, Colorado, conveyed to said P. H. Ferch certain real estate situate in the County of Weld, State of Colorado, and described as follows: • A parcel of land located in the Northeast Quarter (NE/4) of Section 35 and the Southeast Quarter ISE/41 of Section 26, all in Township 5 North, Range 66 West of the Sixth Principal Meridian, Weld County, Colorado said parcel 1"~ oeing a part of the tract of land recorded in Book 507, Reception No. 1428760 of the records of Weld County, Colorado and being more particularly described as follows: Commencing at the Northeast Corner (NE Cor) of said Section 35, and considering the North Line of the North- east Quarter (NE/4) of s.id Section 35 to bear North 89° 49' 20" West and with all bearings contained herein being relative thereto: Thence North 89° 49' 20" West, along said North Line 73.'15 feet to the Southeasterly Right-of-Way Line of the abandoned Denver, Laramie and Northwestern Railroad; Thence South 72° 19' 00" West, along said Southeasterly Right-of-Way Line, 546.70 feet to the True Point of Beginning: Thence continuing South 72° 19. 00" West, along said A Southeasterly Right-of-Way Line 146.70 feet; Thence North 04° 09' l8" West, 285.53 feet; Thence North 88° 57. 00" East, 144.25 feet; Thence South 03° 49' 24' East, 243.40 feet to the True Point of Beginning. Said deed was made subject to reservation reading as follows: . . . and reserving therefrom, to grantor, all oil, gas and other minerals therein or thereunder." The present owners of the surface of the land hereinabove des- . scribed contemplate using said land or causing it to be used for • residential purposes and desire that Weld County relinquish its right to enter upon and use the surface of said land pursuant to the rights reserved under the aforesaid exceptions and reservations. Weld County is willing to relinquish, with respect to the land above described, its said right of entry upon the surface of said land, upon the under • - ,. standing, however, that Weld County's title to said oil, 4as and other f • L&^ .u�nP734•*Yd,®,s5�,IkFi�4ae f t4'r i • li/ a lid : k : m Y R' 1566416 r..�. 4:1,•,:f.- Zf ; w OD Sp minerals shall in no way be affected, and that Weld County and any lessee or licensee of Weld Cluny shalt have the right to remove yofsuch oil, gas and other minerals from the aforesaid land by slant drilling, subterranean entries, by means of operations conducted on the surface of other lands or otherwise by any means or methods i~f suitable to Weld County, its successors and assigns, but without 4 entering upon or using the surface of the above-described land. Al RELINQUISHMENT AND QUITCLAIM YT NOW THEREFORE, Weld County, for and in consideration of #. the sum of Twenty-five Dollars ($25,00) to at paid, the receipt of 4 which is hereby acknowledged, has RELINQUISHED and forever �., QUITCLAIMED, and by these presents does RELINQUISH and forever QUITCLAIM unto THE OWNER OR OWNERS of the surface of the land an sr�t described in the Recitals hereof, his, her, its, or their grantees, heirs, successors and assigns, with respect to said land described in said Recitals, the right to enter upon the surface of said land by virtue • + of the exceptions and reservations contained in said deed dated i .. g7 :% September 30, 1947, and hereinabove qt ated in said Recitals, it being the intent hereof to relinquish only the right to enter upon the surface .11,1 .,. $ of said land, and to leave in full force and effect all other rights § ae �z a' reserved to Weld County in said deed, it being expressly understood a.4t'- r #' that Weld County's title to said o gas and other minerals shall in no a• , way be affected, and that Weld County and any lessee or licensee of , said Weld County shall have the right to remove such oil, gas or other . r^ minerals from the aforesaid land by slant drilling, subterranean rl entries, by means of operations conducted on the surface of other lands t; or otherwise by any means or methods suitable to Weld County, its it successors and assigns, but without entering upon or using the surface •= ..' of the above-described land, and in such manner as not to damage the ` surface of said land or to interfere with the use thereof by said Owner or Owners, his, her, its, or their grantees, heirs, successors or assigns. • It is the intention hereof that, in the event the surface of the 4. land land affected by this relinquishment is separately owned by lot, parcel a: or subdivision, the interest herein relinquished to any grantee shall be limited to the particular lot, parcel or subdivision of which such grantee is the surface owner, and such interest shall not extend to any other lot, .y F.. parcel or subdivision thereof. This relinquishment and quitclaim is made subject to the # specific understanding that all of the terms, conditions, provisions, exceptions and reservations contained in said deed dated September 30, 1917, shall continue in full force and effect with respect to all lands , ( conveyed thereby and not covered by this relinquishment and quitclaim e _ a--d it is further specifically understood that all the terms, conditions, 1t'1' r141 provisions, exceptions and reservations contained in said deed dated td September 30, 1947, and not relinquished hereunder shall continue in jSa: full force and effect with respect to the land hereinabove described. °t 4.i 0 -9— N7 t , fN .F - 'YL* .Atr : •}6..i? t: S x<X'644 1566416 t • IN WITNESS WHEREOF, the said party of the first part has hereunto • set its hand and seal the day and year first above written. WELD COUNTY, COLORADO A MUNICIPAL CORPORATION . By// Cfif ./� (//- Marshall H. Anderson iv Glenn K. Billings Ha y S. Ashley- STATE OF COLORADO, 1 ss. COUNTY OF WELD, The gain strument was acknowl,:dged before me this Rg, - 4 day of , 1971, by Marshall H. Anderson, Glenn K. S Billings n arry S. Ashley, Board of County Commissioners of Weld County, C orado. • • I a\Witness my hand and official seal. •�:`�, i - ' p t' hr, / My c�mmiasion expires: "-/ �' ; jU /Wir A > Notary lac -3- • f x ' Hello