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Wipe 7o File Date April 15 , 1987
COLORADO From Thomas O. David, Weld County Attorney
Subject: Royalty on Elk Lease N/2 NW/4 35-5-66
The letter from Carlson and Carlson dated April 8 , 1987 , was
reviewed by Thomas O. David along with all of the supporting
documents and deeds at Mr. Carlson' s office on April 14, 1987 . I
then met with all five commissioners in a work session on April
15 , 1987 , and explained this situation. The Board unanimously
agreed that we should execute this agreement and accept 1 . 635
acres as our allocation in the 80-acre drilling unit. Apparently,
the well that is currently on this unit was completed on December
26 , 1987 , and a division order should be forthcoming shortly.
Additionally, a second well is to be drilled very soon on the west
half of this particular 80-acre tract.
TOD:ss
871528
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OFFICE OF BOARD OF COUNTY" COMMISSIONERS
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PRONE (303)356-4000 E<T. 4200
PO. BOX750
1 1 GREELEY,COLOR .CO f30632,-:.if111 •
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COLORADO _
April 17, 1987
Catherine Irvine
Elk Exploration
3341 23rd Avenue
Greeley, CO 80631
RE: Oil and Gas Lease in the North Half of the Northwest Quarter, 35-5-66
Dear Ms. Irvine:
On Wednesday, April 15, 1987, the Board of County Conimicsioners met
informally with Thomas 0. David, Weld County Attorney, concerning the matter
of the proposal by William Albion Carlson to split royalty interests in the
North Half of the Northwest Quarter of 35-5-66 in Weld County, Colorado,
allowing a split of 1.635 acres to be allocated to Weld County as its share
of the 80-acre unit. The letter dated April 8, 1987, to Mr. David from Mr.
Carlson set forth the terms of the agreement end the Board of County
Commissioners did indeed authorize Mr. David tc sign and approve the terms
of the agreement as set forth in Mr. Carison's letter of April 8, 1987.
Very truly yours,
BOARD CF COUNTY CO)DaSSIONERE
WELDCOUNiY, COLORADO
C____,--t-
� .
Gordon E. Lacy, Chairman
GEL:ss
CARLSON AND CARLSON
ATTORNEYS At LAW
11O5 - 13TH ST.
P. 0. 130X 1838
GREELEY. COLORADO - 80632
WM.ALBION CARLSON
JANE CARLSON 303-352-6457
April 8, 1907
Mr. Tom David . County Attorney
Weld County
Centennial Bldg
l,reeley. CO f30►6:31
Re: Royalty on the Elk lease, N/2 NW 1 /4 35-.,.5--66.
I am writing this letter to you for the purpose of accomplishing
a compromise resolution of possible conflicting claims and in--
t.erestn in the minerals on the above property. As compromise
I suggest that the County have 1 .635 acres to be allocated to
Weld County as its share of the SO acres involved in the N/2
NW 1 /4 of Sec. 35, Twp 5, R. 66 W of the 6th P. M.
Heretofore I have talked with you by telephone relating to the
County lease for oil and gas ' presently held by Elk Exploration.
I am the owner of the minerals on the said property. Most of the ,
material that I will refer to in this latter is material which
you have in your file, and of which you gave me copies.
By deed dated August 30, 1909 Robinson, owner of N/2 NW 1 /4
35-5-66 conveyed to the Denver , Laramie & Northwestern Railway an
easement or right of way across a portion of the said property.
There is language in the deed which was that conveyance was of a
right of way, specifically contained in the third paragraph of
the description wherein the Railway Company agrees to maintain a
lawful fence along and upon said right of way. A right of way
conveyance is a conveyance of an easement , does not convey more
than an easement , and does not convey minerals relating to the
property involved.
Another matter of concern is that the description of the easement
contains the language "containing 3.96 acres more or less" . This
obviously is an error. The description contained in the deed is
the description of the line in substance beginning 1212 feet. East
of the SW corner of said N/2 NW 1 /4. continuing North 75 o 46
East 1 ,294. 7 feet. , thence on an arc described in the deed ,
emerging from said N/2 NW 1 /4 at a point 438 ' N of the SE corner
of said N/2 NW 1 /4.
The sum of the three distances (1212 ' -e- 1 ';'x-4 . 7 ' -+~ 4.31 . 3 ' ) is.
2930 feet. There is an obvious error in that the East--West. width
of the property is presumably 2.640 feet.
WAC - .tom David , Weld County Attorney 4/B/87
The center line of the :I.00 ' easement enters the property 1212
East of the SW corner. At that point , 50 North of said line
would be on the N/2 NW 1 /4. Fifty feet to the South of that
point would not be on the property involved. There would be a
triangular tract South of the center line of the easement which
would , at the point of entry of the right of way, be located
outside of the N/2 NW/4 and would be on the 8/2 of the NW/4.
There would be a similar thing on the East line where the
easement emerges from the property, although to a lesser degree.
If you subtract 1212 ' from 2640 ' , that would leave 1428 ' , x ].00 '
= 142,800 divided by 43 ,560 w 3. 27 acres.
As I have indicated , a portion of that area would be south of the
South line of the N/2 of Sec 35 and a portion would be east of
the East line of Sec 3S however , the line would be slightly
longer than the 1428 ' .
The amount involved is small , and just does not iust i f y my nor'.
the County 's expenditure of any material amount of time and money
on the matter. I am suggesting that we compromise the acreage •
matter at. the 3. 27 acre figure. The difference between the 3. 27
acres and the 3.96 acres would amount to approximately $1 per
$1 ,000 of production from the well .
As I have indicated above, the original conveyance was that of an
easement , and conveyed no minerals. However, the amount involved
is relatively small , and I am suggesting that this question also
he resolved by compromi. se. My suggestion and offer is to resolve
the question of the easement by dividing the total amount, of
acreage claimed by the County by 2--that is, the acreage be re-
solved at 3. 27 acres, and that figure be divided by 2, as a
compromise settlement , making a net amount of 1 . 635 acres to be
allocated to the county as its share of the 80 acres involved in
the N/2 NW/4 of 35-5-66.
Very truly yours,
b.rn. Albtof5' Carl son
/s'41(-5\Approved, a �.01.,t.o>ci and <ut. r.,ed to by Weld Count: , this day
ril , 0_ . _....
S 5/14-E-J04 .44:.(;)
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