HomeMy WebLinkAbout840054.tiff RESOLUTION
RE : APPROVAL OF POOLING AGREEMENT WITH MACHII-ROSS PETROLEUM
COMPANY
WHEREAS , the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS , Weld County, Colorado, is the holder of a certain
lease covering mineral acres more particularly described as
follows , to-wit:
Township 5 North, Range 67 West
Section 29 : 1 . 82-acre tract located in the
SE/4 , as more fully described in lease
WHEREAS , Machii-Ross Petroleum Company has submitted a
Volutary Pooling Agreement on the subject property for the Board ' s
approval , and
WHEREAS , said Pooling Agreement states that Weld County is
furnishing 1 . 82 net mineral acres in the pooled area, and
WHEREAS , the Board deems it advisable to approve said Pooling
Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Voluntary Pooling
Agreement submitted by Machii-Ross Petroleum Company be, and
hereby is , approved.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 31st day of
December, A.D . , 1984 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: pp WELD COUNTY, COLORADO
Weld County Clerk and Recorder .Pri4
and Clerk to the Board Norman Carlson, Chairman
BY: //JCL^. G W % J u ine J h son, Pro Tem
Deputy County lerk
APPROVED AS TO FORM: ,ene R. rant
. i <
< Ctfuc Carls
, . G 51t--- U7( rcdGe--ti-=
County Attorney \ _f.,,:
Jofin T. Martin
AK1y936�1
VOLUNTARY POOLING AGREEMENT
o c THIS AGREEMENT entered into as of this 1st day of
December , 1984 , by and between the parties subscribing ,
o ratifying, or consenting hereto, such parties being hereinafter
referred to as the "parties hereto" ;
a
w WITNESSETH:
c 3
CD a WHEREAS , the undersigned parties hereto own royalty or
working interest under the Oil and Gas Leases and lands set out
and described in Exhibit "A" attached hereto and made a part
o hereof insofar as said Leases cover land lying within the
mm pooled area hereinbelow designated; and,
WHEREAS, the parties hereto desire to pool and communitize
a their respective mineral interests in the lands which are
d a subject to this agreement for the purpose of developing and
00 producing pooled substances in accordance with the terms and
z conditions of this agreement;
M FI
N NOW, THEREFORE, in consideration of the premises and the
a mutual advantages to the parties hereto, it is mutually
az covenanted and agreed by and between the parties hereto as
mw follows:
TIA
° z 1. The lands covered by this agreement (hereinafter
o
r 'C referred to as the "pooled area") are described as follows:
E1/2 of Section 29 , T5N, R67W, 6th P.M. ,
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a Weld County, Colorado
a r containing 320 acres, more or less , and this agreement shall
r extend to and include only the "J" Sand Formation, the Codell
m w Formation, and the Niobrara Formation underlying said lands and
the oil and/or gas and associated substances (hereinafter
referred to as "pooled substances") produceable from such
Formations.
2. The operator of the pooled area is hereby designated
as Machii-Ross Petroleum Co. , having offices in Santa Monica,
California, and duly qualified to do business within the State
of Colorado.
3. There is attached hereto and incorporated herein and
made a part of this agreement for all purposes by this
reference that certain Exhibit "A" showing the Oil and Gas
Leases and lands lying within the pooled area and covering the
pooled substances .
4 . The pooled area shall be developed and operated as an
entirety with the understanding and agreement between the
parties hereto that all pooled substances produced therefrom
shall be allocated among the leaseholds comprising said area in
the proportion that the acreage interest of each leasehold
bears to the entire acreage interest committed to this
agreement. The parties hereto agree that the lessees shall
have the right to complete any well on the pooled area in
multiple zones and to commingle the production of pooled
substances from such zones without segregation of such
production, but the lessees shall not be released from their
obligations under applicable Federal and State laws or
executive orders, rules and regulations.
-1-
5. The royalties payable on pooled substances allocated
to the individual leases comprising the pooled area and the
rentals provided for in said leases shall be determined and
o 0 paid on the basis prescribed in each of the individual leases.
Payment of rentals under the terms of leases subject to this
`N o agreement shall not be affected by this agreement except as
Q provided for under the terms and provisions of said leases or
aw as may herein be otherwise provided. Except as herein modified
o
o w and changed, the oil and gas leases subject to this agreement
x shall remain in full force and effect as originally made and
in w issued .
a
a,
c 6. There shall be no obligation on the lessees to offset
a any well or wells completed in the Formations as covered by
a this agreement on separate component tracts into which the
•• (z pooled area is now or may hereafter be divided, nor shall any
-i x lessee be required to measure separately pooled substances by
a reason of the diverse ownership thereof, but the lessees shall
mu
a not be released from their obligation to protect said pooled
area from drainage of pooled substances by a well or wells
co H which may be drilled offsetting said area.
W
H m 7. The commencement, completion, continued operation,
a production or reworking of a well or wells for pooled
w substances on the pooled area shall be construed and considered
Loa as the commencement, completion, continued operation,
�:. z production or reworking on each and all of the lands within and
0 a comprising said pooled area, and operations or production
o pursuant to this agreement shall be deemed to be operations or
o a production as to each lease committed hereto.
W a
8. Production of pooled substances and disposal thereof
Lfl ri shall be in conformity with allocation, allotments and quotas
o ri made or fixed by any duly authorized person or regulatory body
w w under applicable law. This agreement shall be subject to all
applicable Federal and State laws or executive orders, rules
and regulations, and no party hereto shall suffer a forfeiture
or be liable in damages for failure to comply with any of the
provisions of this agreement if such compliance is prevented
by, or if such failure results from, compliance with any such
laws, orders, rules or regulations.
9. This agreement shall be effective as of the date
first set forth above upon execution by the parties owning the
working and royalty interests in the pooled area and the pooled
substances (regardless of the date of execution) , and shall
continue in force and effect for a period of two (2) years and
for so long as pooled substances are or can be produced from
the pooled area. This agreement shall not terminate upon
cessation of production if, within ninety (90) days thereafter,
reworking or drilling operations are commenced on the pooled
area and thereafter conducted with reasonable diligence during
the period of nonproduction.
10. The covenants herein shall be construed to be
covenants running with the land with respect to the pooled
interests of the parties hereto and their successors in
interest until this agreement terminates, and any grant,
transfer or conveyance of any such land or interest subject
hereto, whether voluntary or not, shall be and hereby is
conditioned upon the assumption of all obligations hereunder by
the grantee, transferee or other successor in interest.
-2-
11. This agreement shall be binding upon the parties
hereto and shall extend to and be binding upon their respective
heirs, executors , administrators , successors and assigns.
o
Cu
12 . This agreement may be executed in any number of
M o counterparts , no one of which needs to be executed by all
parties, or may be ratified or consented to by separate
a instruments , in writing , specifically referring herto, and
cf+ shall be binding upon all parties who have executed such a
counterpart , ratification or consent hereto with the same force
w and effect as if all parties had signed the same document.
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IN WITNESS WHEREOF, the parties hereto have executed this
agreement as of the day and year first above written and have
Lnx set opposite their respective names the date of execution.
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a Date of Execution: TOLLGATE FARMS, INC.
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By:
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6 z Date of Execution: CHARLOTTE STROH
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'-' CD Date of Execution: PETE W. SASS AND
a w PHYLLIS E. SASS
By:
By:
Date of Execution: CHAMPLIN PETROLEUM COMPANY
By:
Date of Execution: EMMA M. CULVER
By:
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Date of Execution : WELD COUNTY, COLORADO
°i O By Board of County
o U Commissioners
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Date oF E::e^.ution : THE GREAT WESTERN RAILWAY
Ln COMPANY
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By:
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H Date of Execution: MAURICE H. BONEY AND
`" E-+ MARGARET E. HONEY Ln w _ $Y:
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Date of E::ecuti s: AMOCO PRODUCTION COMPANY
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Date of Execution: CORAL CULT EXPLORATION
CORPORATION
By:
Date of Execution: MACHII-ROSS PETROLEUM CO.
By KAR Petroleum Company
B y:
Kenneth A. Ross, Jr .
General Partner
Date of Execution: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Weld Co .y Cl6rk//aid Recorder
and Clem-..tro •tkei Bo rd __--
Dept Count "leek
* * * * *
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o a The foregoing instrument was acknowledged before me
o this day of 19
by —
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InaWITNESS my hand and official seal.
Notary Public
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My Commission Expires: Address:
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is State of )
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u a The foregoing instrument was acknowledged before me
a a this day of 19
by
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WITNESS my hand and official seal.
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Notary Public
My Commission Expires: Address:
* * * * *
State of )
) ss.
County of )
The foregoing instrument was acknowledged before me
this day of 19
by
WITNESS my hand and official seal.
Notary Public
My Commission Expires: Address:
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* * * * *
State of )
) ss.
a, O County of )
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° � The foregoing instrument was acknowledged before me
a this day of 19_
a by as
0 3 of , a corporation.
a WITNESS my hand and official seal.
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a a Notary Public
My Commission Expires: Address:
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The foregoing instrument was acknowledged before me
v a; this day of 19
a by as
d M of , a corporation.
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H WITNESS my hand and official seal .
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Notary Public
My Commission Expires: Address:
* * * * *
State of )
) ss .
County of )
On this the day of , 19 ,
before me, the
undersigned Notary Public, personally
appeared , personally known to
me to be the person who executed the within instrument on
behalf of the partnership, and acknowledged to me that the
partnership executed it.
WITNESS my hand and official seal.
Notary
Address:
1322B/0254A
-6-
EXHIBIT "A"
Attached to and Made a Part of
o Voluntary Pooling Agreement
c Dated December 1, 1984
No
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o [c]
o g
o x CO-38-137-A
Oil and Gas Lease, dated October 10, 1979, effective May 2,
a 1980, from Charlotte Stroh, as Lessor, to Coral Gulf
wExploration Corporation, as Lessee, recorded in Book 889,
Ana Reception No. 1810796 of the records of Weld County, Colorado,
and covering the following described lands situate in Weld
County, Colorado, to wit:
Hx
Township 5 North, Range 67 West, 6th P.M.
u Section 29: NE/4, N/2 NE/4 SE/4 (also known as Lot 1
z of Crebbins Subdivision)
N
• E
~ a CO-JH-137-B
Ho
Oil and Gas Lease , dated October 29 , 1979, from Tollgate Farms,
Ln F1; Inc. , as Lessor, to Coral Gulf Exploration Corporation, as
Lessee, recorded in Book 889, Reception No. 1810797 of the
c z records of Weld County, Colorado, and covering the following
H a described lands situate in Weld County, Colorado, to wit:
Township 5 North, Range 67 West, 6th P.M.
a ti Section 29 : NE/4, LESS AND EXCEPT 1-acre tract
described in Warranty Deed recorded in
Ln▪ ti Book 645 under Reception No. 1567049 of
H
Ho the records of Weld County, Colorado
a w
Oil and Gas Lease , dated July 29 , 1982, from Pete W. Sass, et
ux, as Lessor, to Cotton Petroleum Corporation, as Lessee,
recorded in Book 975, Reception No. 1900759 of the records of
Weld County, Colorado, and covering the following described
lands situate in Weld County, Colorado, to wit:
Township 5 North, Range 67 West
Section 29 : One acre located in the NE/4, as more
fully described in lease
Oil and Gas Lease, dated April 6 , 1984, from Champlin Petroleum
Company, as Lessor, to Coral Gulf Exploration Corporation, as
Lessee, recorded in Book 1037, Reception No. 1974333 of the
records of Weld County, Colorado, and covering the following
described lands situate in Weld County, Colorado, to wit:
Township 5 North, Range 67 West
Section 29 : a strip, piece or parcel of land 150. 0
feet in width being 75. 0 feet in width
on each side of the centerline of the
main track of Union Pacific Railroad
Company as same is located over and
across the NW/4 of the NE/4 , and
containing 4. 4 acres , more or less, as
more fully described in lease.
EXHIBIT "A"
o ° Oil and Gas Lease, dated April 6, 1984 , from Champlin Petroleum
Company, as Lessor , to Coral Gulf Exploration Corporation, as
coo Lessee, recorded in Book 1037, Reception No. 1974330 of the
records of Weld County, Colorado, and covering the following
a described lands situate in Weld County, Colorado, to wit:
o0 r6
k?
Township 5 North, Range 67 West
0 w Section 29 : a strip, piece or parcel of land 150. 0
o feet in width being 75.0 feet in width
0 on each side of the centerline of the
w main track of Union Pacific Railroad
Lna Company as same is located over and
across the SW/4 of the NE/4 , and
x containing 1.8 acres, more or less, as
a more fully described in lease.
cra
m u
z Oil and Gas Lease, dated April 6, 1984 , from Champlin Petroleum
H Company, as Lessor , to Coral Gulf Exploration Corporation, as
C Lessee, recorded in Book 1037, Reception No. 1974331 of the
a records of Weld County, Colorado, and covering the following
fra described lands situate in Weld County, Colorado, to wit:
� w
Lc [v
Township 5 North, Range 67 West
Section 29 : a strip, piece or parcel of land 150. 0
feet in width being 75.0 feet in width
on each side of the centerline of the
u a
a a main track of Union Pacific Railroad
Company as same is located over and
N across the SE/4 of the NE/4, and
containing 5. 4 acres, more or less, as
more fully described in lease.
m
Oil and Gas Lease, dated April 6, 1984, from Champlin Petroleum
Company, as Lessor , to Coral Gulf Exploration Corporation, as
Lessee, recorded in Book 1037, Reception No. 1974332 of the
records of Weld County, Colorado, and covering the following
described lands situate in Weld County, Colorado, to wit:
Township 5 North, Range 67 West
Section 29: a strip, piece or parcel of land 150. 0
feet in width being 75.0 feet in width
on each side of the centerline of the
main track of Union Pacific Railroad
Company as same is located over and
across the NE/4 of the SE/4, and
containing 0.6 acres, more or less, as
more fully described in lease.
Oil and Gas Lease, dated September 9, 1980, from Maurice W.
Boney et ux, as Lessor, to Coral Gulf Exploration Corporation,
as Lessee, recorded in Book 919, Reception No. 1841075 of the
records of Weld County, Colorado, and covering the following
described lands situate in Weld County, Colorado, to wit:
Township 5 North, Range 67 West
Section 29: N/2 NE/4 SE/4 (also known as Lot 1 of
Crebbins Subdivision)
EXHIBIT "A"
o Oil and Gas Lease, dated October 24, 1979 , from Emma M. Culver
o , and Paul E. Neubauer , as Lessor , to Amoco Production Company,
o as Lessee, recorded in Book 886, Reception No. 1808011 of the
records of Weld County, Colorado, and covering the following
described lands situate in Weld County, Colorado, to wit:
o W
0 3 Township 5 North, Range 67 West
o a Section 29 : All of Blocks 2, 3, 4, 5, 6, 7 and 8 in
w
Crebbins Subdivision of the SE/4,
o subject to the Great Western Railroad
right-of-way
in a
r x Oil and Gas Lease, dated October 24, 1984 , from Weld County,
Colorado, as Lessor , to Machii-Ross Petroleum Co. , as Lessee,
a recorded in Book , Reception No. of the records of
co u
Weld County, Colorado, and covering the following described
z lands situate in Weld County, Colorado, to wit:
M H
rl Township 5 North, Range 67 West
a Section 29 : 1. 82-acre tract located in the SE/4, as
more fully described in lease
Ln w
• w
rn• z
Oil and Gas Lease, dated October 22, 1984 , from The Great
Western Railway Co. , as Lessor , to Machii-Ross Petroleum Co. ,
z as Lessee, recorded in Book , Reception No. , of
the records of Weld County, Colorado, and covering the
following described lands situate in Weld County, Colorado, to
wit:
lfi N
C rl
rl
Township 5 North, Range 67 West
w w Section 29 : 1.5-acre tract located in the SE/4, as
more fully described in lease
1149B/0254A
6
OFFICE RESIDENCE
PHONE(303)298-1121 PHONE(303)355-4156
HANES M. DAWSON
OIL PROPERTIES
621 17TH STREET, SUITE 800
DENVER, COLORADO 80293
December 12, 1984
County Commissioners, Weld County
P.O. _3ox 758
Greeley, Colorado 80632
Gentlemen:
Machii-Ross Petroleum Co. has recently obtained an Oil and
Gas Lease from you covering a 1.82 acre tract in Section 29, T5N-
Ro7W and has now drilled a well in the E% of Section 29. They are
now requesting execution of a Voluntary Pooling Agreement covering
the E1/2 of Section 29. The purpose of this agreement is to permit
the Niobrara and Codell Formations and the "J" sands to be produced
through a common well bore. Your attention is invited to the enclosed
instruments .
If you have any questions concerning this, please give me a
call. Your cooperation in this matter will be greatly appreciated.
If approved and executed, please return one copy to me at the
above address.
Yours very truly ,
1
Hanes M. Dawson
HMD/bh
Incls : Pooling Agreement in duplicate
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