HomeMy WebLinkAbout890569.tiff RESOLUTION
RE: APPROVE POOLING AGREEMENT BETWEEN WELD COUNTY, COLORADO,
GUTTERSON AND COMPANY, WEST GREELEY FARMS, AND HENRY F.
KOHLHOFF AND ERMA KOHLHOFF AND PANCANADIAN 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, Gutterson and Company, West
Greeley Farms, and Henry F. Kohlhoff and Erma Kohlhoff are the
owners of the royalty interest in the Leases on property located
in the Si Section 4 and Ni Section 9 , Township 7 , Range 63 West of
the 6th P.M. , Weld County, Colorado, and
WHEREAS, the Board has been presented with a Pooling
Agreement between Weld County, Colorado, Gutterson and Company,
West Greeley Farms , and Henry F. Kohlhoff and Erma Kohlhoff and
PanCanadian Petroleum Company, and
WHEREAS, the terms and conditions of said Pooling Agreement
are as stated in the Agreement, a copy of which is attached hereto
and incorporated herein by reference, and
WHEREAS, after study and review, 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 Pooling Agreement
between Weld County, Gutterson and Company, West Greeley Farms ,
and Henry F. Kohlhoff and Erma Kohlhoff and PanCanadian Petroleum
Company be , and hereby is, approved.
890569
Page 2
RE: POOLING AGREEMENT - PANCANADIAN PETROLEUM COMPANY
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 5th day of
July, A.D. , 1989 .
2<.v1i (er-) BOARD OF COUNTY COMMISSIONERS
ATTEST: �' WELD COUNTY, COLORADO
Weld County lerk and Recorder -;?1'"/
and Clerk to the Board C.W. Kirby, Chairman
inen n, Pro-Tem
Deputy Count erk
APPROVED AS TO FORM: Gen . Brantner
l
� -- eorge K nne y �-
County Attorney
God a v/
890569
POOLING AGREEMENT
This agreement is made and entered into this 20th day of
June, 1989 by and among Weld County, Colorado, Gutterson and
Company, a Colorado Limited Partnership, West Greeley Farms, a
Colorado General Partnership, and Henry F. Kohlhoff & Erma Kohlhoff,
hereinafter collectively referred to as "Lessors, " and PanCanadian
Petroleum Company, a Canadian corporation, hereinafter referred to
as "Lessee. "
WHEREAS, Lessee is the owner of the working interest in
those certain oil and gas leases (the "Leases") described below and
the Lessors are the owners of the royalty interest in the Leases as
indicated below, to wit:
Weld County, Colorado
Recording
Lessor Date of Lease Book, Reception Number
Weld County, CO 12-29-86 1141, 02083255
Weld County, CO 12-29-86 1141, 02083254
Gutterson & Company 12-11-86 1139, 02082020
West Greeley Farms 12-09-86 1138, 02079839
Henry F. Kohlhoff
& Erma Kohlhoff 12-09-86 1138, 02079838
WHEREAS, the parties desire to consolidate and pool their
respective interests in the above described Leases insofar and only
insofar as the Leases cover all depths and formations lying under
the South-half of Section 4 and the North-half of Section 9 all
located within Township 7 North, Range 63 West, Weld County,
Colorado (hereinafter referred to as the "Pooled Area") .
NOW, THEREFORE, in consideration of the premises the
parties hereto agree as follows:
1. Pooled Area. The parties hereto do hereby consolidate and
pool their interest in the Pooled Area for the exploration,
development and production of oil, gas and related hydrocarbons.
The parties execute this instrument as a formal declaration that the
royalty and working interest under the Leases covering the Pooled
Page 1 of 4 890569
Area are hereby combined and pooled for the production of oil and
gas under the provisions of each of the Leases.
2 . Allocation of Production and Costs. The Pooled Area shall
be comprised of three tracts as follows:
A. Tract A: Township 7 North. Range 63 West
Section 4: S/2
B. Tract B: Township 7 North, Range 63 West
Section 9: NE/4, S/2 NW/4
C. Tract C: Township 7 North. Range 63 West
Section 9: N/2 NW/4
Oil and gas produced from the Pooled Area will be allocated to each
Tract in the Pooled Area in the proportion which the surface acreage
of that Tract bears to the total surface acreage within the Pooled
Area. Royalty will be paid on the production allocated to each
separate Tract in accordance with the terms of the Lease covering
that Tract. Costs of operations on the Pooled Area and the working
interest share of production shall be allocated to each separate
Tract in the proportion which the surface acreage of that Tract
bears to the total surface acreage within the Pooled Area. The
production of oil, gas, casinghead gas and other hydrocarbon
substances from the Pooled Area shall be taken and accepted as
production under the terms of each of the Leases within the Pooled
Area above described. Such production shall have the effect of
continuing each of the Leases described above in full force and
effect as though production had been secured separately from each of
the Leases described in accordance with the terms and provisions of
each such respective Lease.
3 . Term. This agreement shall be effective June 15, 1989 and
so long thereafter as the Leases subject to this Agreement remain in
full force and effect as to the Pooled Area.
4. Counterpart Execution. This Agreement may be executed in
any number of counterparts, all of which shall constitute one
document and shall be effective upon each party executing this
Agreement from the date set forth above, regardless of the
individual date of execution by any of the parties, and regardless
of whether all parties have executed this Agreement.
890569
Page 2 of 4
IN WITNESS WHEREOF, this instrument is executed as of this 5th
day of July , 1989, but effective as herein provided.
ATTEST: LESSOR:
Weld County lerk and Recorder BOARD OF COUNTY COMMISSIONERS
and Clerk to the rd WELD COUNTY, COLORADO
l—
ATTEST: GUTTERSON & COD ANY,
A COLORADO LIMITED PARTNERSHIP
Secretary
By:
Michael Gutterson, Sr. ,
General Partner
WEST GREELEY FARMS,
A GENERAL PARTNERSHIP
Partner
Partner
Partner
Partner
Partner
Partner
HENRY F. KOHLHOFF and
ERMA KOHLHOFF
LESSEE:
PANCANADIAN PETROLEUM COMPANY
Attorney-in-Fact
Page 3 of 4 890569
Individual
STATE OF )
SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 1989, by
Notary Public
My Commission Expires:
STATE OF )
SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 1989, by
Notary Public
My Commission Expires:
Corporate
STATE OF )
SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 1989, by , of
, a Delaware corporation, on behalf of
the corporation.
Notary Public
My Commission Expires:
STATE OF )
SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 1989, by , of
, a Delaware corporation, on behalf of
the corporation.
Notary Public
My Commission Expires:
Page ;i of 4 83(i569
518 17th STREET
e'Gn.G SUITE 460
PETROLEUM LAND SERVICES DENVER, CO 80202
(303)629-0999
June 26, 1989
Mr. Thomas David
c/o County Attorney office JUN 2 6 1839
P. 0. Box 1948
Greeley, Colorado 80632 U --
WELC7 CO )h1T
RE: Pooling Agreement in ORNEY'S Q 'ICE
TOWNSHIP 7 NORTH. RANGE 63 WEST. 6th P. M.
Section 4: Si
Section 9: Ni
Dear Mr. David:
As per our recent phone conversation, enclosed please find a Pooling Agreement.
Union Pacific Resources Company proposes to drill an approximate 8,900' Lyons formation
test well in the SW* SE* of Section 4-T7N-R63W. UPRC's geological staff believes that
should production be established in this well , the gas reservoir will encompass a 640
acre area under Ni of Section 9 and the Si of Section 4 to the north. In order to
economically pursue this exploration proposal UPRC wants to pool or combine the mineral
ownership in the 640 acre area. As you are probably aware, deep gas tests in this
area are often spaced by the state on 640 acre basis within the governmental section.
UPRC is therefore asking everyone in the S3 of said Section 4 and the N3 of said
Section 9 to sign this pooling agreement to pool the 640 acres together to form a
single drilling unit. Your royalty will be proportionately shared with the other
mineral owners, but will not be any less than if a well in your section were spaced by
the state on 640 acres. As we discussed, UPRC does not believe that this area will
justify the drilling of two wells.
Please have the Pooling Agreement executed the same way you would execute a Oil and Gas
Lease on page three and have the agreement notarized on page 4.
If you or anyone else have any questions regarding this matter, do not hesitate to call
me collect at (303) 0999.
Thank you for your cooperation in this matter.
Very truly yours,
.fie_
Dennis D. Hansen,
Landman
/`:>C1 89 )569
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