HomeMy WebLinkAbout800012.tiff 8 912 _ Recorded at ✓' o'clock _.....faAUG 2 5 1980
Rec No. 1833987 `wart..µ.✓
RESOLUTION /—/
State of Colorado, Weld County Clerk G Recorder
' RE: AUTHORIZATION FOR CHAIRMAN OF THE BOARD TO SIGN AFFIDAVIT
OF NONDEVELOPMENT AND NONPAYMENT OF RENTAL CONCERNING GAS
AND OIL LEASE ON PROPERTY LOCATED IN THE SOUTHEAST QUARTER
OF SECTION 31 , TOWNSHIP 4 NORTH, RANGE 61 WEST OF THE 6TH
P.M. , WELD COUNTY, COLORADO
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, on September 10, 1962, the Board of County Commis-
sioners of Weld County, Colorado executed a 5-year gas and oil
lease with Reed Gilmore, d/b/a Antelope Petroleum Company, con-
:
cerning property described as the Southeast Quarter of Section 31 ,
Township 4 North, Range 61 West of the 6th P.M. , Weld County,
Colorado, and
WHEREAS, said lease was considered terminated due to non-
payment of the delay rental and an official release was never
filed by Antelope Petroleum Company, and
WHEREAS, Allstate Petroleum Company, the current lessee,
has presented an Affidavit of Nondevelopment and Nonpayment of
Rental to the Board of County Commissioners so that royalties
may be paid to affected parties, and
WHEREAS, the Board has studied said Affidavit and deems it
advisable to authorize the Chairman to sign the same.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the Chairman of the
Board is hereby authorized to sign said Affidavit concerning
the above described property.
The above and foregoing Resolution was, on motion duly made
. ' and seconded, adopted by the following vote on the 20th day of
August, A.D. , 1980 .
yrla /1 `JQtw_ f ` BOARD OF COUNTY COMMISSIONERS
ATTEST: //f� �( (��7 UWrtCliit/ WELD COUNTY, COLORADO
Weld County Clerk and Recorder / � ccGg/ (Aye)
and , rk to the Bo C. W. Kirby, C airman
B k` {7 s (Aye)
Deputy County rc eonard L. Roe, Pro-Tem
P D AS T ORM: Liser2r (Aye)
man Carlson
County Attorney
A e)
nbar •
/L 11 is r/ iY_�
LE Cc)8e) DATE PRESENTED: AUGUST 25 , 1980 dune K. S einmark 800012
_: A r7ll
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8 91Fr Recorded of o'clock !..Jvi .2.5 VWto 1833988
AFFIDAVIT OF NONDEVELOPMENTaAND NONPAYMENT 0 RENTAM~ Jr
State of CAJorodo, Weld County Clerk & Recorder
State of Colorado )
ss.
County of Weld
Board of County Commissioners, Weld County, Colorado, being first
duly sworn, deposes and says:
That Allstate Petroleum Corporation, is the present lessee of the
mineral interests of Township 4 North, Range 61 West, 6th P.M. ,
Section 31 : SEa of Section 31, Township 4 North, Range 61 West in
Weld County, Colorado, which land is described in an oil and gas
mining lease executed on the 10th day of September, 1962 by the
Board of County Commissioners of Weld County, Colorado, as lessors,
and Reed Gilmore, as lessee, recorded in Book 1632, Page 121, in the
office of the Register of Deeds of said county.
That since the date of said lease, to our knowledge, there has been
no well drilled upon said land, during the term of said lease, nor
any oil or gas produced therefrom, and that none of the rentals
accruing under and by virtue of the terms of said lease have been
paid or tendered to affiant or said lessors, or to any bank for
their credit, by the lessee, or his agents or assigns since Septem-
ber 10, 1967 and further that, to our knowledge, the lessee and his
assigns had actual notice that rentals were payable to affiant under
said lease. Affiant states that he has not at any time executed any
extension of said original lease, and that the same has expired.
Affiant further states that by reason of the noncompliance with the
terms of said lease by lessee and his assigns , affiant hereby declares
said lease forfeited, and will not, by acceptance of rentals, or in
any other manner, recognize the same as a valid or existing lease.
EXECUTED, this 25th day of August, 1980.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
By : G'. /'�.C
C. W. Kifby, C airman
State of )
ss.
County of
, being first duly sworn deposes and
says that he is of the Bank
of and that the records of said Bank show
no rentals have been at any time deposited in, or tendered to, said
Bank under terms of the oil or gas mining lease above described for
the credit of the person who made the above affidavit or the lessor
in said lease since
State of
ss . ACKNOWLEDGMENT FOR INDIVIDUAL
County of
Before me, the undersigned, a Notary Publ . , within and for said
County and State, on this O., 5„� day of ,s , 1980 ,
PURPORTED COPY
1833988
0°912 aA
personally appeared C. W. Kirby and
to me personally known
to be the identical person_ who executed the within and foregoing
instrument and acknowledged to that he executed the
same as a free and voluntary act and deed for
'k-
g the uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal the day and year last above written.
�,n nr/.f.(�(
OS fart' Public /
L My Commission Expires :
Page 2 of 2 Pages
•
AFFIDAVIT OF NONDEVELOPMENT
FORM NO28 AND NONPAYMENT OF RENTAL
STATE OF Colorado _-1
ass
COUNTY OF Weld
Board of County Commissioner, Weld County, Colorado , being first
duly sworn, deposes and says:
ThatAllState Petroleum corpora t' on
P �s the present owner of the
Township 4 North, Range 61 West, 6th P .M.
Section 31 : SE±
of Section._ 31 Township 41V.
, Range 61w in Weld
County_.___ ioi.or.ado , which land is described in an oil and gas mining lease executed on
10th day of September 1.962
by____Boa.r.d.,.af..C_o_unty. C_ommiaainner,___Weld _Gaunty,.__Colo_r9tC,
as lessors, and Reed Gilmore
as lessee, recorded in Book_163-2_ , Page._121__.__, in the office of the Register of Deeds of said county.
to our knowledge,
That since the date of said lease/there has been no well drilled upon said land, nor any oil or gas pro-
duced therefrom, and that none of Me rentals accruing under and by virtue of the terms of said lease have
been paid or tendered to affiant or said lessors, or to any bank for their credit, by the lessee, or his agents
or assigns, since.______-..September 10th 1-967-
and further that^the lessee and his assigns had actual notice that rentals were payable to affiant under said
lease. Affiant st ttes that he has not at any time executed any extension of said original lease; and that
the same has expired.
to our knowledge,
Affiant further states that by reason of the noncompliance with the terms of said lease by lessee and
his assigns, affiant hereby declares said lease forfeited, and will not, by acceptance of rentals, or in any
other manner, recognize the same as a valid or existing lease.
EXECUTED, This 14th day of August • , 198O
Board of County Commissioner,Weld Co .
STATE OF
}ss.
COUNTY OF
, being first duly
sworn deposes and says that he is of the Bank of
and that the records of said Bank show no rentals
have been at any time deposited in, or tendered to, said Bank under terms of the oil or gas mining lease
above described for the credit of the person who made the above affidavit or the lessor in said lease since
John P. Seth
LANDMAN ���
\ENERGY MINERALS CORPORATION _t ACKNOWLEDGMENT FOR INDIVIDUAL
within and for said County and State, on this
19 , personally appeared
1000 Security Life Building
Denver, Colorado 80202
(303) 629-7334
who executed the within and foregoing instrument and acknowledged to me
that executed the same as free and voluntary act and deed for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year last above written.
My commission expires
Notary Public
mEmORAnDUm
WilkeTo Bill Kribv, Chairman Date August 19, 1980
COLORADO From Keitha White, Clerk to the Board
Subject: Affidavit of nondevelontient and nonpayment of rental gas & oil lease
R61 T4 S31 SE} , Allstate petroleum Corporation
On Sept. 10, 1962 the Board of County Commissioners executed a 5 year oil & gas lease
with Reed Gilmore dba Antelope Petroleum Co. This lease was considered terminated
on May 15, 1966 by this office, for non-payment of the delay rental. The last rental
receipt in fill is dated August 13, 1964 and paid the lease up to August 13, 1965.
Allstate Petroleum Co. , the current lessee, has a producing well on this property.
Since Antelope never filed an official release the attached affidavit is necessary to
clear up the record so that Allstate may begin paying royalties, to Weld County and/or
other affected parties.
I have discussed this item with Russ Anson and all appears to be in order.
I would recommend the Board approve and sign the attached affidavit of nondevelopment
and nonpayment of rental for Allstate Petroleum Co. on R61 T4 S31 SE'4.
If you have any questions please let me know.
Inv e
Q oTlt:i1A �i449 /0 ASSIGNMENT OF OVERRIDING ROYALTY INTEREST 0 - c) 9 1". "
KNOW ALL MEN BY THESE PRESENTS:
The undersigned, ALLSTATE PETROLEUM CORPORATION, a Colorado
corporation, hereinafter called "Assignor", for and in consideration of
the sum of Ten Dollars ($10.00) and other good and valuable considera-
tions to it in hand paid by HOBE, INC. OF WYOMING, a Wyoming corporation
qualified to do business in the State of Colorado under such name, whose
address is 2904 Lincoln Center Building, 1660 Lincoln Street, Denver,
Colorado 80264, hereinafter called "Assignee", has sold, assigned and
conveyed and by these presents does hereby sell, assign and convey unto
the said Assignee, its successors and assigns, an overriding, royalty in-
terest in the amount of 9.50% of 8/8ths in and to the oil, gas and other
minerals which may be produced and saved from the lands described in Ex-
hibit A under the terms and provisions of the oil and gas leases described
in Exhibit A, situate in Weld County, Colorado. Said overriding royalty
interest shall be subject to proportionate reduction to the extent that
the interest covered by each particular lease bears to the full and un-
divided mineral fee estate under the lands covered by said lease and
shall further be subject to proportionate reduction to the extent that
the interest of the Assignor in any particular lease bears to the full
working interest in such lease. Any overriding royalty interest conveyed
herein shall apply to any extensions or renewals of the oil and gas leases
described in Exhibit A or any new leases taken in lieu thereof. .
TO HAVE AND TO HOLD the same unto the said Assignee, its suc-
cessors and assigns forever.
This assignment is made without warranty of title, either express
or implied.
IN WITNESS WHEREOF, this assignment is executed this 1st day of
May, 1979.
ALLSTATE PETROLEUM CORPORATION
ATTEST:
F. B. O'Hara, President
Maurice T. Reidy, Secretary 1.7
STATE OF COLORADO )
CITY AND ss.
COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this 1st day
of May, 1979 by E. B. O'Hara as President and Maurice T. Reidy as Secretary
of Allstate Petroleum Corporation, a Colorado corporation.
My Commission Expires: _a dtary Pub is
May 14, 1982 C
EXHIBIT A
Lessor: Vera M. Schneider
Lessee: E. B. O'Hara
Date: November 8, 1971
Expiration Date: November 8, 1981
Recorded: December 15, 1971 under Reception No. 1580290
Lands Covered: Township 3 North, Range 61 West, 6th P.M.
Section 5: SW1
Section 6: E1/2E1/2 (a/d/a Lot 1, SE'NE'4, E%4SE')
Gross Acres: 320.19
Net Acres: 320.19
Royalty: 1/8th .
Lessor: Mrs. Mary E. Beaghler
Lessee: E. B. O'Hara
Date: February 24, 1972
Expiration Date: February 24, 1982
Recorded: March 8, 1972 under Reception No. 1585164
Lands Covered: Township 3 North, Range 61 West, 6th P.M.
Section 5: S1/2N1/2; SE1
Gross Acres: 320.00
Net Acres: 320.00
Royalty: 1/8th
Lessor: Vera M. Schneider
Lessee: E. B. O'Hara
Date: February 10, 1972
Expiration Date: February 10, 1982
Recorded: March 8, 1972 under Reception No. 1585163
Lands Covered: Township 4 North, Range 61 West, 6th P.M.
Section 28: NE'
Gross Acres: 160.00
Net Acres: 160.00
Royalty: 1/8th
Lessor: Weld County Board of County Commissioners
Lessee: Allstate Petroleum Corp.
Date: July 26, 1978
Expiration Date: July 26, 1983
Recorded: July 31, 1978 under Reception No. 1761912
Lands Covered: Township 4 North, Range 61 West, 6th P.M.
Section 31: SE'Z
Gross Acres: 160.00
Net Acres: 160.00
Royalty: 1/8th
Lessor: Barbara Marie Banks and William Banks,
wife and husband, et al.
Lessee: Allstate Petroleum Corp.
Date: July 13, 1977
Expiration Date: July 13, 1987
Recorded: August 17, 1977 under Reception No. 1727640
Lands Covered: Township 4 North, Range 61 West, 6th P.M.
Section 32: SW%
Gross Acres: 160.00
Net Acres: 80.00
Royalty: 1/8th
Lessor: Dolores Alexander, Individually and as sole
heir of Helen B. Robinson, her mother,
and Robert L. Robinson, her father
Lessee: Allstate Petroleum Corporation
Date: June 29, 1977
Expiration Date: June 29, 1987
Recorded: June 13, 1978 under Reception No. 1756427
Lands Covered: Township 4 North, Range 61 West, 6th P.M.
Section 32: SW%
Gross Acres: 160.00
Net Acres: 80.00
Royalty: 1/8th
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State of Colorado, We'd County Clerk & Recorder Si.�' )L.,
ASSIGNMENT OF OIL AND GAS LEASES '
onErL
KNOW ALL MEN BY THESE PRESENTS:
oN
WHEREAS, the undersigned, ALLSTATE PETROLEUM CORPORATION, a
• Colorado corporation, whose address is 2904 Lincoln Center Building, 1660
1` Lincoln Street, Denver, Colorado 80264, hereinafter called "Assignor", is
rn
� the owner of the oil and gas leases described in Exhibit A attached here-
t—
cN
to and incorporated herein by this reference, insofar and only insofar as
ri said leases cover the interests in the lands described in said Exhibit A
situate in Weld County, Colorado.
a
co NOW, THEREFORE, the said Assignor, for and in consideration of
rn the sum of Ten Dollars ($10.00) and other good and valuable considerations
o to it in hand paid by ENERGY MINERALS CORPORATION, a Colorado corporation,
o whose address is 1630 Denver Club Building, Denver, Colorado 80202, herein-
CD after called "Assignee", the receipt and sufficiency of which are hereby
confessed and acknowledged, has sold, assigned and conveyed and by these
r- presents does hereby sell, assign and convey unto the said Assignee all
of the Assignor's right, title and interest in and to the oil and gas
1 leases described on Exhibit A insofar as they cover the lands described
in Exhibit A situate in Weld County, Colorado.
TO HAVE AND TO HOLD the same unto the said Assignee, its succes-
sors and assigns, subject, however, to the following reservations, terms
and conditions:
1. Assignor reserves an overriding royalty interest in the amount
of 22% of 8/8ths in and to the oil, gas and other minerals which may be pro-
duced and saved from the above described lands under the terms of the above
described oil and gas leases, which overriding royalty interest shall be in-
clusive of and not in addition to the lessor's royalty reserved in such
leases and any and all overriding royalty interests previously reserved
and conveyed. Said overriding royalty interest shall be subject to propor-
tionate reduction to the extent that the interest covered by each particular
lease bears to the full and undivided mineral fee estate under the lands
covered by said lease and shall further be subject to proportionate reduc-
tion to the extent that the interest of the Assignor in any particular lease
bears to the full working interest in such lease. Any overriding royalty in-
terest reserved herein in excess of the royalty interest provided for in the
lease shall apply to any extensions or renewals of the oil and gas leases de-
scribed in Exhibit A or any new leases taken in lieu thereof and shall be pay-
able to present owners of said overriding royalty interests.
2. This assignment is made without warranty of title, either ex-
press or implied.
3. If a well capable of producing oil, gas or other hydrocarbons
in paying quantities shall be completed on land other than the assigned
premises and within 660 feet of any boundary of the assigned premises in the
case of an oil well, or within 1320 feet of any boundary of the assigned
premises in case of a gas or gas and condensate well, within 120 days after
the date of first production from such well or 120 days from June 29, 1979,
whichever is later, Assignee shall commence operations for, and shall there-
after diligently prosecute the drilling of an offset well (which offset well
shall be on the assigned premises and within 660 feet in case the well to
be offset is an oil well, or within 1320 feet in case the well to be offset
is a gas or condensate well, of the common boundary between the assigned
premises and the land on which said well to be offset is located or at such
location as approved operating practices may require in the light of then
available subsurface information for the proper protection from drainage
of the assigned premises) or, on demand of Assignor, surrender this lease
as to that portion of the assigned premises located within the forty (40)
acre tract, if the well to be offset is an oil well, or within the one hun-
dred sixty (160) acre tract if the well to be offset is a gas or condensate
well, designated by Assignor, which forty (40) acre or one hundred sixty
(160) acre tract shall be, as nearly as practicable, in the form of a square
L' 874 1795-
with the offset location at the center thereof. The offset distances
above mentioned and the acreage to be surrendered as above provided are
computed on the basis of a hypothetical pattern of forty (40) acres in
case of an oil well and one hundred sixty (160) acres in case of a gas or
condensate well. In the event the assigned premises should be in any field
where a drilling pattern has been established by any State or Federal govern-
mental authority whereunder said field is being drilled or developed ac-
cording to a smaller or larger drilling pattern than forty (40) acres for
an oil well or one hundred sixty (160) acres for a gas or condensate well,
then the offset distances above mentioned and the acreage to be surrendered
as above provided shall be diminished or enlarged accordingly. Any offset
well drilled by Assignee hereunder shall be drilled into the same producing
zone or zones as the producing zone or zones of the well to be offset and
shall thereafter be operated in such manner as to provide proper protection
from drainage to the assigned premises; provided, however, the above clause
shall not be applicable to the assignment of any oil and gas leases cover-
ing lands located in Section 27, Township 3 North, Range 62 West, 6th P.M.
Assignee shall not be required to comply with the provisions of this para-
graph, if it has either previously drilled on the assigned premises an off-
setting producing well or a well capable of producing, to the required depth
at, or within a reasonable distance from, the location described above; or
it is prevented from drilling such offsetting well because of any lawful
rule or order of any State or Federal governmental authority. However, if
the assigned premises do not comprise or consist of the entire oil, gas
and other hydrocarbons in any one of the applicable tracts described above,
then Assignee shall not be obligated to surrender this lease as to that por-
tion of the assigned premises located within any such tract, if Assignee is
diligently seeking the right to drill on such tract from the outstanding
drilling and operating rights to all of the oil, gas and other hydrocarbons
in any such tract and commences operations for the drilling of such required
offset well within two (2) years from either the date of first production
of such well completed on land other than the assigned premises within the
applicable distances described above or two (2) years from June 29, 1979,
whichever is later.
4. If the Assignee desires to surrender any of the oil and gas
leases described in this assignment in whole or in part, then Assignee shall
give written notice by certified mail to such effect at least ninety (90)
days in advance of the anniversary date of said lease. Upon written re-
quest of Assignor within thirty (30) days after the receipt of such notice
from the Assignee, Assignee shall reassign to Assignor the interests which
the Assignee desires to relinquish and surrender.
5. This assignment is made subject to the terms and provisions
of an Agreement dated May 18, 1979 by and between Assignor and Assignee
and other parties, and to all the rights of the Assignor reserved therein.
IN WITNESS WHEREOF, this assignment is executed this 29th day of
June, 1979.
Clic ALLSTATE PETROLEUM CORPORATION
ATTEST:' .
By:
` E. B. O'Hara, President
'Maurice.. Reidy, Secr ry
SA
STATE OF COLORADO )
CITY AND ss.
COUNTY OF DENVER )
E 0 ' . ` ' The foregoing instrument was acknowledged before me this 29th
.
t. ay of June;, 1979 by E.B. O'Hara as President and Maurice T. Reidy as
:Set) taryc f Allstate Petroleum Corporation, a Colorado corporation.
^ .
-s CI L%C . o
My tpiti�sion Expires: , — Notary Public
May 14, 1982 (
eooK874 - .
• �" i )97g
EXHIBIT A
Attached to and made a part of Assignment of Oil and Gas Leases by and
between Allstate Petroleum Corporation as Assignor and Energy Minerals
Corporation as Assignee.
Lessor: Vera M. Schneider
Lessee: E. B. O'Hara
Date: November 8, 1971
Expiration Date: November 8, 1981
Recorded: December 15, 1971 under Reception No. 1580290
Lands Covered: Township 3 North, Range 61 West, 6th P.M.
Section 5: SW`
Section 6: ELFz (a/d/a Lot 1, SE4NE3 , EkSEk)
Gross Acres: 320.19
Net Acres: 320.19
Royalty: 1/8th
ORRI Outstanding: 9.50%
Lessor: Mrs. Mary E. Beaghler
Lessee: E. B. O'Hara
Date: February 24, 1972
Expiration Date: February 24, 1982
Recorded: March 8, 1972 under Reception No. 1585164
Lands Covered: Township 3 North, Range 61 West, 6th P.M.
Section 5: SkN'; SE'
Gross Acres: 320.00
Net Acres: 320.00
Royalty: 1/8th
ORRI Outstanding: 9.50%
Lessor: Vera M. Schneider
Lessee: E. B. O'Hara
Date: February 10, 1972
Expiration Date: February 10, 1982
Recorded: March 8, 1972 under Reception No. 1585163
Lands Covered: Township 4 North, Range 61 West, 6th P.M.
Section 28: NEk
Gross Acres: 160.00
Net Acres: 160.00
Royalty: 1/8th
ORRI Outstanding: 9.50%
Lessor: Weld County Board of County Commissioners
Lessee: Allstate petroleum Corp.
Date: July 26, 1978
Expiration Date: July 26, 1983
Recorded: July 31, 1978 under Reception No. 1761912
Lands Covered: Township 4 North, Range 61 West, 6th P.M.
Section 31: SEw
Gross Acres: 160.00
Net Acres: 160.00
Royalty: 1/8th
ORRI Outstanding: 9.50%
Lessor: Barbara Marie Banks and William Banks,
wife and husband, et al.
Lessee: Allstate Petroleum Corp.
Date: July 13, 1977
Expiration Date: July 13, 1987
Recorded: August 17, 1977 under Reception No. 1727640
Lands Covered: Township 4 North, Range 61 West, 6th P.M.
Section 32: SW1
Gross Acres: 160.00
Net Acres: 80.00
Royalty: 1/8th
ORRI Outstanding: 9.50%
Lessor: Dolores Alexander, Individually and as sole
heir of Helen B. Robinson, her mother,
and Robert L. Robinson, her father
Lessee: Allstate Petroleum Corporation
Date: June 29, 1977
Expiration Date: June 29, 1987
Recorded: June 13, 1978 under Reception No. 1756427
Lands Covered: Township 4 North, Range 61 West, 6th P.M.
Section 32: SW%
Gross Acres: 160.00
Net Acres: 80.00
Royalty: 1/8th
ORRI Outstanding: 9.50% •
•
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