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HomeMy WebLinkAbout891051.tiff RESOLUTION RE: APPROVE ASSIGNMENTS OF OVERRIDING ROYALTY INTEREST FROM MILE HI OIL & GAS, INC. , TO E. P. KERR, III, AND E. RUSSELL KOENIGER AND DEBRA L. KOENIGER AND AUTHORIZE CHAIRMAN TO SIGN 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, Mile Hi Oil & Gas, Inc. , P.O. Box 27296 , Denver, Colorado 80227 , has requested permission to assign an overridding royalty interest in an Oil and Gas Lease covering 200 net mineral acres located in the NE} and NE}NW$ of Section 12, Township 8 North, Range 58 West of the 6th P.M. , Weld County, Colorado, to E. P. Kerr, III, 6199 East Princeton Circle , Englewood, Colorado 80111, and E. Russell Koeniger and Debra L. Koeniger, 8140 Storm King Peak, Littleton, Colorado 80123 , and WHEREAS, said Oil and Gas Lease is recorded in Book 1234, Reception #02181147, in the records of the Weld County Clerk and Recorder, and WHEREAS, pursuant to Weld County' s Oil and Gas Lease, said Assignments of Overriding Royalty Interest must be approved by the Board of County Commissioners, and WHEREAS, after consideration, the Board deems it appropriate to approve the hereinabove mentioned Assignments of Overriding Royalty Interest. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Assignments of Overriding Royalty Interest to E. P. Kerr, III, and E. Russell Koeniger and Debra L. Koeniger be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Assignments of Overriding Royalty Interest. 891051 Page 2 RE: ASSIGNMENTS OF OVERRIDING ROYALTY INTEREST The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of October, A.D. , 1989 . e-WAA J BOARD OF COUNTY COMMISSIONERS ATTEST WELD COUNTY, COLORADO Weld County Clerk and Recorder If and Clerk to the Board C.W it y, C airman BY: 'Gene R. Brantner, Pro-Tem D puty County erk APPR VED AS TO FORM: onstance L. Harbert George Ken y County Attorney G d . La { 891051 AR2193567 .,IGNMENT OF OVERRIDING ROYALTY .MEREST KNOW ALL MEN BY THESE PRESENTS: That the undersigned Mile Hi Oil & Gas, Inc. (hereinafter referred to as Assignor) for and in consideration of the sum, of Ten Dollars ($10.00) and other good and valuable considerations, the receipt and sufficiency of which is hereby confessed and acknowledged, does hereby convey, transfer, assign, and set over unto E. P. Kerr, III 6199 E. Princeton Circle of Englewood, Colorado 80111 , (hereinafter referred to as Assignee), an o"erriding royalty, free and clear of all cost and expense of development and operation, in the amount of one-half of one percent of eight-eights (.5% of 8/8ths) of all oil, gas, casin(zead gas, and other hydrocarbon substances produced, saved and marketed from the following described land pursuant to that certain oil and gas lease described as follows : Lessor: Board of County Commissioners of Weld County Parcel No.2 Date of Lease: May 24, 1989 Recording Data: Book 1234, Reception No. 02181147 Description: Township 8 north, Range 58 West, 6th P.M. w Section 12: NE/4, NE/4NW/4 F' F, Weld County, Colorado • Ni N iP N Ut R7 51g FG O 2• N z1-' z0 W P U1 rpm TO HAVE AND TO HOLD the interest herein transferred and assigned unto Assignee, xl• his heirs, devisees, personal representatives, successors and assigns, forever, subject yo only to the following terms and provisions : that t< H Z W A. The overriding royalty interest herein transferred is payable out of and only o w out of the oil and gas produced, saved and marketed, pursuant to the terms and provisions t" 1/4O of the above described oil and gas lease. tr M B. The overriding royalty interest herein provided for shall not, in any event, • •• be paid or accrued upon any oil, gas, casinghead gas and other hydrocarbon substances used w ,p for operating, development or production purposes upon the above described lands or unavoid- • ably lost; and no overriding royalty shall be paid upon gas used for repressuring or re- cycling operations or pressure maintenanceoperations benefitting said lands. da xyo C. This assignment of overriding royalty is made without warranty of title, either express or implied. tr o r C7 D. If Assignor' s interest in the above described oil and gas lease is less than O I-' gas entire interest , or if said oil and lease covers less than the entire fee title, then the above overriding royalty interest shall be reduced proportionately. no O F IN WITNESS WHEREOF, Assignor has executed and delivered this assignment of over- riding royalty interest as of this 20th day of June , 19 89 Board of County Commissioners of Weld County Mile Hi 1 '1 & G Inc. Approval: 'e-!t Howard fit.tt -a '.ent tirman /r .• Zs ATTEST: Attest � ; ,, • �j.:F�i )r,y;'.ul., P. av:d • . :lc wtary STATE • ss COUNTY OF efferson ) e'• y •The foregoing instrument was acknowledged before me thO "�� (4011411,,' day of June , 19 89 , by Howard L. Kennedy, President of . .1 Si Gas, Inc. Witness my hand and notarial seal. gpmmission expires 11-27-90C- (41,ZZLzza,„___ Notary Public Jud' h S. Whittemore 1937• • 11 Drive Morrison, Colorado 80465 ! •r .. 891051 AR2b93566 ASSIGNMENT OF OVERRIDING ROYALTY INTEREST KNOW ALL MEN BY THESE PRESENTS: That the undersigned Mile Iii Oil & Gas, Inc. (hereinafter referred to as Assignor) for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations, the receipt and sufficiency of which is hereby confessed and acknowledged, does hereby convey, transfer, assign, and set over unto E. Russell Koeniger and Debra L. Koeniger 8140 Storm King Peak of Littleton. Colorado 80123 (hereinafter referred to as Assignee), an o"crriding royalty, free and clear of all cost and expense of development and operation, in the amount of one perscent of eight—eights (17 of 8/8ths) of all oil, gas, casing-.,ead gas, and other hydrocarbon substances produced, saved and marketed from the following described land pursuant to that certain oil and gas lease described ns follows : Lessor: Boardof County Commissioners of Weld County Parcel No. 2 Date of Lease: May 24 , 1989 Recording Data: Book 1234, Reception No. 02181147 Description: Township 8 north, Range 58 West, 6th P.M. '*J W Section 12: NE/4, NE/4NW/4 Weld County, Colorado CO N k P N S' t?� XI k 0 'fJ N Z z• IS) w t o tern C °' TO HAVE AND TO HOLD the interest herein transferred and assigned unto Assignee, tr • his heirs, devisees, personal representatives, successors and assigns, forever, subject H o only to the following terms and provisions : that LTi H Z CO A. The overriding royalty interest herein transferred is payable out of and only ✓ out of the oil and gas produced, saved and marketed, pursuant to the terms and provisions • of the above described oil and gas lease. nHi B. The o-terr.iding royalty interest herein provided for shall not, In any event, i`" N be paid or accrued upon any oil, gas, casinghead gas and other hydrocarbon substances used W +' for operating, development -or production purposes upon the above described lands or unavold- M O ably lost ; and no overriding royalty shall be paid upon gas used for repressuring or re- • cycling operations or pressure maintenance operations benefitting said lands. 0 X-01 X) o C. This assignment of overriding royalty is made without warranty of title, E o either express or implied. t=. o 0 D. If Assignor' s interest in the above described oil and gas lease is less than (-1• r-' the entire interest , or if said oil and gas lease covers less than the entire fee title , then the above overriding royalty interest shall be reduced proportionately. n o O IN WITNESS WHEREOF, Assignor has executed and delivered this assignment of over- riding royalty interest as of this 20th day of June , 19 89 Board of County Commissioners of Weld County Mile Iii i1 & , Inc. B : Approval � xt L �.�i,_ •` : - llowar; 1Ce . • )44 l;'Y';esident K. by, h, ATTEST: Q.(;J • Attest: • _�� � 8-71. uf .tD s_ dy <'e retary STATE OFv T -Z l C Gc ,c J �'rA 1 ss '� ea. • COUNTY OF Jefferson ) �; The foregoing instrument was acknowledged before meC! � ` e R P -h day of June , 19 89 , by Howard L. Kennedy, President o - Mile Hi Oil & Gas Inc „ ' '; 1t5ress my hand and notarial seal. '1teomfflassion expires 11-27-90 f)1A i? Notary Public Jud" -ham . Whittemore 193 7 II IL Drive F� Li o 1 • Morn n, Colorado 80465 .,•ice,' Ji` . 891051 5 Mile Hi Oil & Gas, Inc. 3190 S. Wadsworth Blvd., Suite 301 P.O. Box 27296 Denver, Colorado 80227 (303) 988-8942 June 20 , 1989 Board of County Commissioners Weld County P.O. Box 758 Greeley , Colorado 80632 Re : Four Corners Prospect Weld County , Colorado Gentlemen : Mile Hi has elected to make two ( 2 ) assignments of overriding royalty. Pursuant to Article 10 of the Oil and Gas Lease dated May 24 , 1989 , Mile Hi has enclosed the assignment of overriding royalty for your review and approval . Please have these assignments approved and return to me for further handling . if you have any questions please call me . eery t uly Jse11L Landman ERK/jw Enclosures K1OA:BOARD .ERK yth1051 Hello