HomeMy WebLinkAbout930624.tiff RESOLUTION
RE: APPROVE OIL AND GAS DIVISION ORDER WITH GERRITY OIL & GAS CORPORATION 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, Weld County, Colorado, has received an Oil and Gas Division Order
with Gerrity Oil & Gas Corporation, 4100 E. Mississippi Avenue, #1200, Denver,
Colorado 80222, and
WHEREAS, said Division Order covers land more particularly described as
follows:
Township 2 North, Range 68 West, 6th P.M.
Section 12: SISE* (Codell/Niobrara Unit)
Weld County, Colorado
WHEREAS, Weld County is entitled to a one-eighth royalty interest on
production, and
WHEREAS, in order to receive said royalty interest, Weld County must
execute said Division Order, a copy of which is attached hereto and incorporated
herein by reference, and
WHEREAS, said Division Order has been reviewed by a member of the Weld
County Attorney's staff and found to be in order, and
WHEREAS, the Board deems it advisable to approve said Division Order on the
parcel of land described herein.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Oil and Gas Division Order with Gerrity Oil & Gas
Corporation, 4100 E. Mississippi Avenue, #1200, Denver, Colorado 80222, on the
hereinabove described parcel of land be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said Division Order.
930624
0178
DIVISION ORDER - GERRITY OIL & GAS CORPORATION
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 19th day of July, A.D. , 1993.
kdazirein
BOARD OF COUNTY COMMISSIONERS
ATTEST: IWELD COUNTY, COLORADO
Weld County Clerktto the Board EXCUSED
Constance//ALL Harbert, Chairman
�
BY: / �J /�/Yit��� �iiv�J 'y"If"v
Deputy Cler to the BoAi42hrW. H. Webster, Pro-Tem
APPROVED AS TO FORM: EXCUSED DATE OF SIGNING (AYE)
(#,,tfcge
:% E. Baxte E.
my Attorney Dale K. Hall
Barbara J. Kirkm er
930624
•
OIL AND GAS DIVISION ORDER
Date:April 28.1993
A R 23 4 36 3 5 Lease No.:550792
Lease Name:Gregerxon 2-12 Recompletion
Effective Date:Date of First Production
To: Gerrity Oil&Gaa Corporation
4100 E.Mississippi Ave.,#1200
Denver,CO 80222
Each of the undersigned,individually,for themselves,their heirs,successors,and assigns,hereby represents,warrants,and guarantees
to Gerrity Oil&Gas Corporation(hereinafter referred to as the"Company'),its successors and assigns,that the undersigned is the legal owner
of the decimal interest,as set forth below opposite each undersigned's name,in the proceeds from all oil,condensates,and natural gas which
may be produced from or allocated to the following-described area or well located in the County of Weld. State of Colorado, and more
particularly described as follows:
Township 2 North, Range 68 West.6th P.M. -
Section I2: SSS SE54 d'
74.08 Acre Codell/Niobrara Unit 4 a { 4"4 am
t a} r
Commencing on the effective date hereof,the Company is hereby granted and authorized to take and receive allrojl,condernag,and
natural gas which may be thereafter produced from the above-described area or well and, subject to the other terms and conditions hereof,to
give credit therefor to the undersigned in accordance with the division of interest schedule as follows:
Credit To Address Decimal Interest
For Division of Interest see Exhibit "A"Attached Hereto and Made a Part Hereof
Additionally,in consideration of the wells drilled or to be drilled on the above-described lands and the payment to the undersigned
of royalties on production from said wells,the undersigned agree,grant,and represent to and with the Company as follows:
1. Oil (including crude oil and condensate) shall become the property of the purchaser thereof upon its delivery to the
purchaser or to the purchaser's agent or carrier,and payments hereunder shall be based upon the net price received therefor from the purchaser.
Oil shall be graded and measured in accordance with applicable rules,regulations,or standards generally accepted in the industry. In the event
that the Company is the purchaser of such oil,settlements therefor shall be based upon the Company's posted price for similar oil in the field
where produced and in effect on the date of delivery,or if no posted price is then in effect,settlements shall be based upon the then prevailing
market price on the date of delivery thereof in the field where produced. If the oil is purchased by the Company and resold to another purchaser
accepting delivery thereof on the premises, settlements hereunder shall be based on the net price received therefor by the Company. The
Company may deduct from any price received for the oil the reasonable costs of transporting and/or treating the same if incurred.
2. Natural gas,including casinghead gas if marketed with gas well gas,shall be delivered and sold to and become the property
of the pipeline company to whom the gas is agreed to be sold by the Company. Settlements to the undersigned shall be based upon the terms.
conditions,and prices for said gas as agreed to with the pipeline company less any costs of treatment,compression,transmission,or dehydration
thereof which are paid by the Company.
3. Oil and natural gas produced and sold from the premises is or may become subject to orders of certain regulatory authorities
who could vary the terms of any agreement for the production or sale thereof. To the extent that such orders do modify or change current sales
or production arrangements,the provisions thereof,as well as the provisions hereof,shall be so modified accordingly.
4. Settlements hereunder for oil and gas shall be made monthly by the Company mailing or delivering its check to the
undersigned at the address indicated in an amount,less taxes required to be withheld,calculated in accordance with the schedule of interest as
herein contained. Settlements shall be mailed no later than the 25th day of each month for oil and/or gas taken or sold during the second
preceding calendar month. If at any settlement date the amount payable to any of the undersigned shall be less than Twenty-five Dollars($25),
the Company may defer such payment and make payment when such settlement amount has accumulated to Twenty-five Dollars($25)but,in
any event,not less than annual intervals.
5. The undersigned individually warrant that they are the owner of their respective interest as herein set forth and that in the
event of an adverse claim made thereto or in the event ownership of the undersigned's interest is not substantiated by record examination,the
Company may retain any and all settlements due therefor, without interest, until such claim or ownership of the interest is settled, fully
adjudicated or otherwise determined, or until the Company is adequately indemnified therefor by the parties claiming such interest. The
Company may,at any time,require the undersigned to furnish proof of its title to its interest,including abstracts of title or other pertinent records
or documents.
6. The undersigned shall notify the Company of any change in the ownership of their interest,and the Company shall not
be liable for,nor shall it be required to recognize,any change in ownership unless and until the Company shall actually receive a certified copy
of the instrument changing such interest and the transferee thereof executes and returns to the Company such transfer order or amended division
order as the Company may reasonably require. In no event shall the Company be required to give effect to any change of interest of the
undersigned prior to the first day of the calendar month next following the month in which the Company is notified of such change,regardless
of the effective date of the instrument transferring the same.
7. The undersigned hereby represent,grant to, and agree with the Company that the interest of the undersigned and of the
Company in and to the oil and gas which has or which may be produced from the premises is in MI force and effect and that all payments
required to be made and all acts required to be done by the Company with respect thereto have been performed. The undersigned hereby releases
the Company from any and all claims and damages arising from the purchase and handling of oil or gas from the premises and for making any
payments for settlements so long as the same are made in accordance with the terns of the division of interest schedule set forth on Exhibit'A'.
8. In the event that the area or well described above,or any part thereof,is included in one or more pooled or unitized units
now or hereafter formed by order of any appropriate governmental authority by agreement or otherwise, the undersigned and the Company
recognize and agree that settlement for oil and gas shall be made in accordance with the production allocated to the premises above described
without the necessity for the execution of additional or supplemental division orders. To the extent that the premises as described above
constitute a previously pooled or unitized area,the same is hereby ratified.
B 1394 REC 02343635 07/29/93 16: 36 $0. 00 1/003
F 1494 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO szce24
L�a178
9. The provisions r..reof shall be binding upon and inure to the benefit of the .pany and the undersigned,their respective '
heirs,successors,administrators,and assigns. No change in the ownership of any interest herein described shall have the effect of changing
the binding nature hereof. This instrument may be executed in counterparts with each counterpart considered to be a binding agreement of the
signatories thereto;and all counterparts,as executed,shall be considered to be one instrument.
10. Should it be determined from time to time by the courts,any governmental agency having jurisdiction,or the Company
and the purchaser of production,that the prices or allowances, if any, being paid to the Company and the amounts being disbursed to the
undersigned are in excess of lawful prices or prices agreed to with the oil or gas purchaser,and a refund is then required,you agree to promptly
refund such excess amounts so paid to you,including interest thereon,if required. Additionally,the Company shall have the right to recover
such excess amounts out of future settlements hereunder to which you are entitled.
WHEREFORE,the undersignedhave executed this Division Order in acknowledgment and consent to the foregoing terms,warranties,
and agreements.
Wi sa Sign Below: Owner Sign Below: SS No.or Tax ID No.
ATTEST: WE D COU TY 84-6000813
e B y Cler to
the B and I By: 07/21/93
'y W. H. Webster
BY: (/� B// Chairman Pro-tem
eputy Clerk to Boa
Board of County Commissioners
IMPORTANT: TO AVOID DELAY IN PAYMENT, YOUR CURRENT ADDRESS AND SOCIAL SECURITY NUMBER OR TAX
ACCOUNT NUMBER MUST BE SHOWN
State of Colorado )
County of �k. 4i, lt1 ;se.
TIt5'fcmo ng instrument was acknowledged before me a Notary Public,this 19th day of July
1993 ,by " 'W.I. Tebster, Chairman Pro—tem
WitrresA 1 5 bae?AIM official seal.
j
7/S /0 - 4tuLt
P.O. Box 58, Greeley, Colorado 80632
Address of Notary Public
MY COMMISSION EXPIRES JAN, 1, 1996
My commission expires
State of )
)ss.
County of )
The foregoing instrument was acknowledged before me a Notary Public,this day of
19 ,by
Witness my hand and official seal.
Notary Public
Address of Notary Public
My commission expires
CORPORATION ACKNOWLEDGMENT
State of )
)ss.
County of )
BEFORE ME,the undersigned,a Notary Public in and for said county and state,on this day personally appeared
,known to me to be the person and officer whose name is subscribed to the foregoing instrument,and acknowledged to
me that the same was the act of the said ,a corporation,and that he executed the same as
the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN under my hand and seal of office this day of , A.D., 19
Notary Public
Address of Notary Public
My commission expires
B 1394 REC 02343635 07/29/93 16: 36 $0.00 2/003
F 1495 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
•
Exhibit "A"
550792
Gregerson 2-12 Recompletion
A 74.08 Acre Codell/Niobrara Unit
Owner
Number Owner Name & Address Decimal Interest Type
410340 Harold D. Holloway, .06594220 RI
Lillian M. Holloway,
Berns H. Holloway,
& Bruce R. Holloway, J/T
3345 E. University Dr., #57
Mesa, AZ 85213
400060 Larry M. Abbott .00843680 RI
& Barbara A. Abbott, J/T
5825 Weld County Rd. #22
Longmont, CO 80504
409230 Ferrin Harsch .01206741 RI
1239 Venice Street
Longmont, CO 80501
404250 Rosemary Clay .02413483 RI
2827 Arlington
Pueblo, CO 81003
401900 Glen I. Best .01206741 RI
1820 St. James Rd.
Lincoln, NE 68506
230100 Weld County .00235135 RI*
% County Commissioners
915 10th Street
Greeley, CO 80632
100 Gerrity Oil & Gas Corporation .87500000 WI
*This interest will be held in suspense pending resolution of title problems.
B 1394 REC 02343635 07/29/93 16:36 $0.00 3/003
F 1496 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
930624
GERRITY �^
0 I L 6P GAS
i
t
CORPORATION MAY 251993
WELD COUNTY
May 24, 1993 , ATTORNEY'S OFFICE
Weld County Colorado
County Attorney Bruce T. Barker
P. O. Box 1948
Greeley, CO 80632
Re: Gregerson Wells
Oh Section 12, T2N-R68W
Weld County, Colorado
Dear Mr. Barker:
For easy reference, I enclose a copy:of your letter dated May 19, 1993 concerning an interest
which Gerrity Oil &Gas Corporation's records show may be owned by Weld County, Colorado.
Effective January 1, 1993, Gerrity Oil & Gas Corporation purchased these wells from Martin
Exploration Management Company. If you are able to prove your interest, they should also be
advised, as they may be holding revenue in suspense for you.
As promised in our telephone conversation, I am enclosing a copy of the pertinent pages from
the title opinion prepared by Charles A. Redpath, Jr. in November 1989. It may help you to
determine whether the county owns the minerals under this small tract of 1.3935 acres.
On or about April 27, 1993, Elizabeth Lauer, a Landman with our firm, prepared and mailed
a lease to Weld County, asking that they execute it, reserving a 1/8 royalty. I was then
instructed to list the county as owner of this 1.3935 acres on the Gregerson 2-12 Division Order,
as if leased at 1/8 (1.3935 _ 74.08 unit acres x 1/8 royalty = a decimal interest of.00235135).
If you determine that the county indeed does own these minerals, and wishes to lease them,
please execute and return both the lease and division order, as previously instructed by Ms.
Lauer and myself.
Should you have any questions or concerns, please contact us.
Sincerely,Mamie )
es
Division Order Analyst
c: Martin Exploration Management Co.
Attn: Rebecca Morrane
4100 East Mississippi Avenue
Suite 1200
Denver, Colorado 80222
Fax 303 757.1197
Telephone 303 757.1110 Qflne74
Mitz; OFFICE OF COUNTY ATTORNEY
PHONE(303)356-4000 EXT. 4391
P.O. BOX 1948
GREELEY,COLORADO 80632
Ci
COLORADO
May 19, 1993
Mamie Sinkes
Division Order Analyst
Garrity Oil and Gas Corporation
4100 East Mississippi Avenue, Suite #1200
Denver, CO 80222
RE: Request for Division Order for Gregerson #2-12 Re-completion -
550792 Southwest Quarter Southeast Quarter, Section 12,
Township 2 North, Range 68 West of the 6th P.M. , Weld County,
Colorado
Dear Ms . Sinkes :
The Board of County Commissioners of Weld County, Colorado, has
received your request for a division order for the Gregerson #2-12
Re-completion - 550792 well in the Southwest Quarter Southeast
Quarter of Section 12, Township 2 North, Range 68 West of the 6th
P.M. , Weld County, Colorado.
I have checked with the Clerk to the Board of County Commissioners
and she can not find any lease or file which the Board of County
Commissioners may have regarding this well. Therefore, I
respectfully request that you provide Weld County with some
information regarding the interest which Weld County may have in
the lease.
Please contact me if you should have any questions or comments
regarding this request. I may be reached at 356-4000, extension
4390 .
Yours truly,
ruce T. Barker
Weld County Attorney
BTB/db
•
930624
GE R R I T Y
O 1 L & G A S
CORPORATION [ .
tt
'! lJ
April 28, 1993
RE: Gregerson #2-12 Recompletion - 550792
SW'ASE1k Sec. 12, T2N-R68W
Weld County, Colorado
Dear Interest Owner:
Enclosed are Gerrity Oil &Gas Corporation's duplicate original division orders. Before signing,
please review all information and verify your interest. After executing where indicated, please
include your social security/tax ID number in the space provided and have the document
notarized.
To expedite your payment, return one fully executed division order to:
Gerrity Oil & Gas Corporation
4100 E. Mississippi Ave., Suite #1200
Denver, CO 80222
Thank you for your cooperation.
Sincerely,
GERRITY OIL & GAS CORPORATION
// //
Mamie Sinkes
Division Order Analyst
MS:kp
Enclosures
4100 East Mississippi Avenue
Suite 1200
Denver, Colorado 80222
Fax 303 757.1197
Telephone 303 757.1110 930624
•
4/50
CHARLES A. REDPATH. JR.
ATTORNEY AT LAW
PO. BOX 616
ENGLEWOOD.COLORADO 80151
303-761-0238
November 3, 1989
DIVISION ORDER TITLE OPINION
Gregerson No. 2-12 Well �J
Weld County, Colorado
MARTIN EXPLORATION MANAGEMENT CCMPANY
Attn: Stephen McLaughlin
2300 Central Avenue - Suite A
Boulder, Colorado 80301
Gentlemen:
At the request of Stephen McLaughlin, but for the account of both Martin
Exploration Management Company (MEMC) and its oil and/or gas purchases, I have
examined the below described instruments, documents and other materials and,
basing my Opinion thereon for Division Order purposes, I find title to the
lands set forth below to be as follows:
DESCRIPTION OF LANDS
Township 2 North, Range 68 West, 6th P.M. , Weld County, Colorado
Section 12: Eh
containing 320 acres, more or less
INSTRUMENTS, DOCUMENTS, RECORDS AND MATERIALS EXAMINED
1. The undersigned's Division Order Title Opinions of April 22, 1977,
and May 26, 1977, covering the period ending April 15, 1977 at 7:45 A.M., as
to the Eh Section 12-2N-68W; Mr. MtlaughJin's Drilling Title Opinion dated
April 18, 1989 and covering the period ending April 10, 1989 at 7:00 A.M.
•
2. Transamerica Title Chain sheet extending coverage of county records
re Eh said Section 12 down to October 23, 1989 at 7:00 A.M.
TITLE (As of October 23, 1989 or date of production from the captioned well,
whichever first occurred)
LEASEHOLD ESTATES (Limited to the pooled "J" sandstone formation as to gas)
Landowners Royalty Interest Tract Unit
Tract I - WhNEs and NWtSE4 Sec. 12-2N-68W,
120 ac.,m/1 (Unit Factor 37.5%)
Francis D. Gregerson & Phyllis Jean
Gregerson, JT 12.50000% 4.68750%
930 624
. November 3, 1989 -2- Gregerson No. 2-12 Well
Tract Unit
Tract II - SW;SE≤, LESS 100' X 400'
tract in NE corner, Sec. 12-2N-68W
39.08 ac. ,m/1 (Unit Factor 12.2125%)
Harold D., Lillian M., Bernis H., and
Bruce R. Hollaway,Jt (collectively) 12.50000% 1.52656%
Tract III - Pt. of SE;SE; Sec. 12, Beg.
at pt on S. line fran whence SE corner
!pars E. 880', th. W. 451.50' to W.
line SEaSE:, th. N. 494' , E. 450.27',
th. S. 494' to p-o-b, 5 ac.,m/1
(Unit Factor 1.5625%)
Larry M. Abbott & Barbara A. Abbott,
JT 12.50000% .19531%
Tract IV - Parcel beg. at SE corner
Sec. 12, th. N.1154' , th. W. to W.
line SE;SE;, th. S. 660' , th. E. 450.27' ,
th. S. 494', th E. to p-o-b, cont.
30 ac. ,m/1 (Unit Factor 9.3750%)
Ferrin Harsch 3.12500% .29297%*
Rosemary Clay 3.12500% .29297%*
Glenn R. Best 6.25000% .58594%*
Tract V - E}NF}a, NE<SE: (less Tract
VI) and that pt of SE SE Sec. 12 N. of
So. 1154' thereof, plus E 400' of the
N. 100' of SW;SE} Sec. 12, 123.92 ac.,
m/1 (Unit Factor 38.7250%)
None - Working Interest in name of
Adolph Coors Company and unleased
Tract VI - A 25' strip on each side of a
center line desc. by metes and bounds
across NE;NEI Sec. 12, 2 ac.m/1
Unit Factor .6250%)
The Boulder and Weld Reservoir Company
12.5000% .07812%
Overriding Royalty Interest
None
Working Interest Royalty (Net Revenue Interest)
Martin Exploration Management Carpany 53.61563%
Adolph Coors Company 38.72500%
* See below Comment re possible interest of Weld County.
•
930624
.November 3, 1989 -3- Gregerson No. 2-12 Well
ENCUMBRANCES
None adversely affecting the oil and gas leasehold estates.
EASEMENTS
There are many surface easements, but none adversely affecting
the oil and gas leasehold eSt*os for division order purposes.
TAXES
Materials examined do not show status of taxes.
OUTSTANDING OIL AND GAS LEASES (Expressed in sentence form in view of cutplete
analysis in prior Division Order Title Opinion)
1. Dated October 8, 1970, the Gregersons to Energy Minerals Corporation,
(Energy Minerals) , Tract I, 3 years, 1/8RI, pooling clause, Book 634 No.1556255
2. Dated March 18, 1971, H. D. Holloway, Inc. to Energy Minerals, Tract
II, 5 years, 1/8th RI, Book 644 No. 1565593.
3. Dated March 24, 1971, Herman Felder et ux to Energy Minerals, Tract
III, 5 years, 1/8th RI, paid up, Book 644 No. 1565594.
4. Dated Sept. 27, 1973, Glenn R. Best to Martin Oil Service, Inc.
(Martin) , Tract TV, 1/8th RI, lO years, Book 703 No. 1624682, recorded also
Book 714 No. 1635634.
5. Dated September 27, 1973, Perrin Harsch et al to Martin, Tract IV,
1/8th RI, 5 years, Book 703 No. 1624684, recorded also Book 714 No. 1635635.
6. Dated October 17, 1973, The Boulder and Weld Reservoir Company to
Martin, Tract V, 2 years, 1/8th RI, Book 703 No. 1624683, recorded again Book
715 No. 1637265.
ASSIGNMENTS
1. Dated March 21, 1973, Energy Minerals to Martin, Teases 1 & 2,
reserving shallow rights re NF9:SE: and 1/16th ORI re shallow rights, ? NEJ
Sec. 12, 30 day surrender clause, and February 4, 1971 Gas Purchase Agreement,
Book 689 No. 1610571.
2. Dated October 11, 1972, Energy Minerals to Mart, Lease No. 3, re-
serving shallow rights, with 30 day reassignment clause, Book 679 No. 1601070.
3. Dated April 16, 1979, Martin to Martin Exploration Management Corpor-
ation, all corking interests in above leases below a point 25 feet above top
of "J" sand, Book 890 No. 1811783.
4. Dated December 30, 1985, effective December 31, 1985, Martin to
ME C, all interest in above leases, Book 1098 No. 2038334.
(All the foregoing are subject to the
Comments and Requirements set forth below.)
930624
•
November 3, 1989 -4- Gregerson No. 2-12 Well
•
COMMENT NO. 1
A well has previously been drilled in the NE; Sec. 12, commenced
approximately October 4, 1973 and completed December 9, 1973, with affidavits
of lease extensions being te..urded to that effect. A Declaration of Pooling
dated October 6, 1973, signed by both Martin and Adolph Coors Company, estab-
lishing a 320 acre gas unit for the "J" sand formation, as per Oil and Gas
Commission rules for the Wattenberg Area, was recorded Book 747 No. 1668552.
It app Aring that division orders have been executed and the Gregerson No. 1
well has been producing for some time, hence any questions re payment of
rentals and/or shut-in payments appear to be moot, but MEMC should assure itself
that all leases are presently HBP and all required payments made to date.
The Coors mineral fee interest in Tract V arrears to be covered by an
Operating Agreement of May 12, 1975 with production allocations being arrived.
at to the end that Coors receives 38.725% of gas production. I do not know
whether or not Coors participated in the above well, or utilized the non-
consent clause of the operating agreement. This should be checked.
RE(xJIRDI NT NO. 1
(a) Assure yourselves that all leases are HBP and that all
necessary lease and royalty payments have been made to date.
(b) Note that Coors' interest is secured only by an operating
agreement, with production sharing set forth, as between the
parties therein.
COMMENT NO. 2
Energy minerals is entitled to 30 day reassignment rights and Taaaec
wherein that provision is applicable are also subject to a February 4, 1971
Gas Purchase Agree ent, amended in October 1974.
While some acreage discrepancies, minor in nature may actually exist,
the above acreages and unit factors appear to have been accepted and used in
executed division orders. These figures also appear in the recorded declaration
of pooling.
This Opinion is limited to 320 acre pooled "J" sand gas rights and
excludes all other formations.
REQUIREMENT NO. 2
(a) Leases 1-3 are subject to Energy Minerals reassignment rights
and the CIG 1971 Gas Purchase Agreement.
(b) This Opinion is limited to pooled 320 acre "J" sand gas rights.
COMMENT NO. 3
While I have seen a Fred L. Wagner affidavit of possession, sworn to
June 16, 1975 and recorded Bool 741 No. 1663419, the same is somewhat dated
and a new and detailed surface inspection affidavit needs to be submitted, so
•
g%e fi at a
November 3, 1989 -5- Gregerson No. 2-12 Well
that any adverse evidence of possession or oil and gas activity may be
reviewed and supplemental opinion rendered thereon
Status of taxes is not covered by this Opinion and a Treasurer's
Certificate of Taxes is requested.
REQUIREMENT NO. 3
(a) Submit updated affidavit of surface inspection.
(b) Obtain and submit Treasurer's current Certificate of Taxes.
COMMENT NO. 4
A prior examiner reported that by quitclaim deed of Octnher 29, 1970,
Mr. Collins conveyed to Weld County, the East 50' of the N. 330' of the S.
824' of the SE4SEh Sec. 12, Book 637 No. 1559236; and Harsh et al by similar
instrument quitclaimed to the County of Weld, the E. 50' of the S. 494' and the
S. 50' of the E. 440' of Section 12, sane dated May 17, 1972, Book 668 No.
1590052. These appear to be fee simple conveyances, affect Tract IV and would
comprise atg,.oximately 1.3935 acres or .43547% of the pooled unit. In view
of the recent case of Farmers Reservoir vs. Sun Production (1986) , 721 P2d
\, 1198, rendered by the Colorado court, it is my view that you should treat the
County as owning the minerals under these parcels (the quitclaim deeds are
prior in date and recording to Tana 4 & 5) and either have the County quit-
claim the minerals to your lessors, ratify Toaaoc 4 & 5 Or secure oil and gas
lease from Weld County.
In the interim, you should suspense .43547% of the production, deducting
same from Tract IV.
Rr7QULR.zMENT NO. 4
Suspense .43547% of production until interest of Weld County
in Tract IV clarified and, if necessary, leased.
Subject to the producing status of the above pooled acreage and the
leaner covering same, the matters raised in above Requirement No. 4, status
of taxes and what a current possaccion affidavit may reflect, it appears that
title to the said lands and leases, as to "J" sand gas, is satisfactory for
division order purposes.
By this reference this Division Order Title Opinion is also prepared
for the use and benefit of the gas and gas products purchaser(s) from Martin
Exploration Management Company.
Very , i
t
jedpathi :.t `�
CAR7r:cnr
930624
Hello