HomeMy WebLinkAbout921195.tiff RESOLUTION
RE: APPROVE DESIGNATION OF UNIT AND VOLUNTARY POOLING AGREEMENT BETWEEN WELD
COUNTY, COLORADO, R A RESOURCES, INC. , RIVER RANCH EXPLORATION, LTD. ,
ESTHER M. SCHANK AND ESTATE OF THOMAS D. SCHANK, AND UNITED BANK OF
GREELEY NATIONAL ASSOCIATION, TRUSTEE OF THE LINDA SCHANK TRUST
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, R A Resources, Inc. , River Ranch
Exploration, Ltd. , Esther M. Schank and Estate of Thomas D. Schank, and United
Bank of Greeley National Association, Trustee of the Linda Schank Trust, own
working, landowner royalty, and/or overriding royalty interests in and to those
leases on property located in the S?NW4 of Section 35, Township 5 North, Range
66 West of the 6th P.M. , Weld County, Colorado, and
WHEREAS, the Board has peen presented with a Designation of Unit and
Voluntary Pooling Agreement between Weld County, Colorado, R A Resources, Inc. ,
River Ranch Exploration, Ltd. , Esther M. Schank and Estate of Thomas D. Schank,
and United Bank of Greeley National Association, Trustee of the Linda Schank
Trust, and
WHEREAS, the terms and conditions of said 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 agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Designation of Unit and Voluntary Pooling Agreement
between Weld County, Colorado, R A Resources, Inc. , River Ranch Exploration,
Ltd. , Esther M. Schank and Estate of Thomas D. Schank, and United Bank of Greeley
National Association, Trustee of the Linda Schank Trust, be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said agreement.
LEO' A —\
921195
RE: DESIGNATION OF UNIT AND VOLUNTARY POOLING AGREEMENT - SCHANK R2 WELL
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 21st day of December, A.D. , 1992.
I t; BOARD OF COUNTY COMMISSIONERS
ATTEST: �e+ ; WELD CO NTY, COLORADO
iCP w�rz
Weld County Clerk to the Board
Geo a Ke nedy, Chairman ,
BY: 110-42Ty '-(_�, rr-.� _ " hT.Pi
Deputy Clerk lo the Board Constance L. Harbert, Pro-Tem
APPROVED AS TO ORM:
C. W. Kir
County Attorney Gor a
W. . Webster
921195
ChoPV
DESIGNATION OF UNIT AND
VOLUNTARY POOLING AGREEMENT
THIS AGREEMENT is made and entered into as of the dates set
forth below, by and between the parties subscribing, ratifying or
consenting hereto, such parties being hereinafter referred to as
"parties hereto. "
WITNESSET H:
WHEREAS, the parties hereto own working, landowner royalty,
and/or overriding royalty interests in and to those certain Oil and
Gas Leases described on Exhibit "A" attached hereto and made a part
hereof, which Leases are hereinafter referred to as "subject
leases" ; and
WHEREAS, the following oil and gas well(s) have been drilled
on spacing units that include lands covered by the subject leases;
R A Resources, Inc. schank #2 Well, located in the SW/4NW/4 of
Section 35, Township 5 North, Range 66 West, Weld County,
Colorado,
and
WHEREAS, the parties hereto desire to unitize, pool and
combine their respective mineral interests in the subject leases,
insofar as said leases cover the lands described herein below as
covering the pooled area, for the purpose of developing and
producing unitized substances in accordance with the terms and
conditions of this agreement in order to promote conservation and
to provide for the most economic development for the oil and gas
underlying said lands;
NOW, THEREFORE, in consideration of the premises and the
mutual advantages to the parties hereto, it is mutually covenanted
and agreed by and between the parties hereto as follows:
1. The undersigned parties jointly and severally do hereby
adopt, ratify and confirm the subject leases and all of
their respective terms and provisions, and do hereby
grant, lease, let and demise to R A Resources, Inc. and
River Ranch Exploration, Ltd. , their successors and
assigns, any and all interest which the undersigned
Lessors now have, or may hereafter acquire, in accordance
with each and every term and provision of the subject
leases, and the undersigned Lessors declare, each for
themselves, that the subject leases and all of their
respective terms and provisions are binding on the
undersigned Lessors and that the same is a valid and
subsisting Oil, Gas and Mineral Lease.
2 . That all interests in and to the subject leases are
hereby pooled and unitized into a unit for the drilling
for and production of oil and/or gas therefrom, such
unit, hereinafter referred to as the "pooled area", being
comprised of the following described lands in Weld
County, Colorado;
Township 5 North, Range 66 West
Section 35: S/2NW/4
Weld County, Colorado
Containing 80 acres, more or less. This Designation of
Unit and Voluntary Pooling Agreement shall include only
the Niobrara and Codell Formations underlying the pooled
area, and the oil and/or gas producible from said
formations shall hereinafter be referred to as "unitized
substances" .
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921195
3 . The pooled area shall be developed and operated as an
entirety, with the understanding and agreement between
the parties hereto that all unitized substances produced
therefrom shall be allocated among the leaseholds
comprising said area in the proportion that the net
mineral acreage interest of each leasehold bears to the
entire mineral acreage interest committed to this
agreement.
4 . The royalties payable on unitized substances allocated to
the individual leases comprising the pooled area and the
rentals provided for in said leases shall be determined
and paid on the basis prescribed in each of the
individual leases. Payments of rentals under the terms
of leases subject to this agreement shall not be affected
by this agreement except as provided for under the terms
and provisions of said leases or as may herein be
otherwise provided. As modified hereby, the oil and gas
leases subject to this agreement shall remain in full
force and effect.
5. There shall be no obligation on the lessees to offset any
well or wells completed in the same formation as covered
by this agreement on separate component tracts into which
the pooled area is now or may hereafter be divided, nor
shall any lessee be required to measure separately
unitized substances by reason of the diverse ownership
thereof, but the lessees hereto shall not be released
from their obligation to protect said pooled area from
drainage of unitized substances by a well or wells which
may be drilled offsetting the pooled area.
6. The commencement, completion, continued operation or
production of a well or wells for unitized substances on
the pooled area shall be construed and considered as the
commencement, completion, continued operation or
production on each and all of the lands within and
comprising said pooled area, and operations or production
pursuant to this Designation of Unit and Voluntary
Pooling Agreement shall be deemed to be operations or
production as to each lease committed hereto.
7. This Agreement shall remain in full force and effect from
the effective date as set forth below and for as long as
unitized substances are, or can be, produced from the
pooled area. This agreement shall not terminate upon
cessation of production if within sixty days thereafter,
reworking or drilling operations on the pooled area are
commenced and are thereafter conducted with reasonable
diligence during the period of nonproduction.
8. The covenants herein shall be construed to be covenants
running with the land with respect to the unitized
interests of the parties hereto and their successors in
interest until this agreement terminates and any grant,
transfer or conveyance of any such land or interest
subject hereto, whether voluntary or not, shall be and
hereby is conditioned upon the assumption of all
obligations hereunder by the grantee, transferee, or
other successor in interest.
9. This agreement shall be binding upon the parties hereto
and shall extend to and be binding upon their respective
heirs, executors, administrators, successors and assigns.
10. This agreement may be executed in any number of
counterparts, no one of which needs to be executed by all
parties, or may be ratified or consented to by separate
instrument, in writing, specifically referring hereto,
and shall be binding upon all parties who have executed
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921195
such a counterpart, ratification or consent hereto with
the same force and effect as if all parties had signed
the same document.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement as of the day and year set forth below to be effective
for all purposes as of the date of first production from the lands
covered hereby.
LESSEES:
ATTEST: R A RESOURCES, INC.
Duane D. Bacon
Corporate Secretary President
RIVER RANCH EXPLORATION, LTD. , a
Colorado limited partnership
ATTEST: By: R A RESOURCES, INC. , as
general partner
Duane D. Bacon
Corporate Secretary President
LESSORS:
Date:
Esther M. Schank, Individually
and as Personal Representative
of the Estate of Thomas D.
Schank, deceased
Date:
Bonnie Kuntz
Date:
Sandra Elder
Date:
Gary T. Schank
Date:
Daniel C. Schank
ATTEST: BELLY ACRES RANCH, INC.
By:
Secretary
Date: President
3
921195
UNITED BANK OF GREELEY NATIONAL
ASSOCIATION, TRUSTEE OF THE
LINDA SCHANK TRUST
Date: By:
(Title)
la$4rft ti' f:' BOARD OF COUNTY COMMISSIONERS
ATTEST: /°d7 WELD COUNTY. COLORADO
Date: O / / k '
secii/Acy
y�`` _
ACKNOWLEDGEMENTS
STATE OF COLORADO §
COUNTY OF §
The foregoing instrument was acknowledged before me this
day of December, 1992, by Duane D. Bacon, President of R A
Resources, Inc. , on behalf of said corporation.
Witness my hand and official seal.
My commission expires:
Notary Public
Address:
STATE OF COLORADO §
COUNTY OF §
The foregoing instrument was acknowledged before me this
day of December, 1992, by Duane D. Bacon, President of R A
Resources, Inc. , as general partner of RIVER RANCH EXPLORATION,
LTD. , on behalf of said partnership.
Witness my hand and official seal.
My commission expires:
Notary Public
Address:
4
921195
STATE OF COLORADO §
COUNTY OF §
The foregoing instrument was acknowledged before me this
day of December, 1992 , by ESTHER M. SCHANK, Individually and as
Personal Representative of the Estate of Thomas D. Schank,
deceased.
Witness my hand and official seal.
My commission expires:
Notary Public
Address:
STATE OF COLORADO §
COUNTY OF §
The foregoing instrument was acknowledged before me this
day of December, 1992 , by BONNIE KUNTZ.
Witness my hand and official seal.
My commission expires:
Notary Public
Address:
STATE OF COLORADO §
COUNTY OF §
The foregoing instrument was acknowledged before me this
day of December, 1992 , by SANDRA ELDER.
Witness my hand and official seal.
My commission expires:
Notary Public
Address:
STATE OF COLORADO §
COUNTY OF §
The foregoing instrument was acknowledged before me this
day of December, 1992, by GARY T. SCHANK.
Witness my hand and official seal.
My commission expires:
Notary Public
Address:
STATE OF COLORADO §
COUNTY OF §
The foregoing instrument was acknowledged before me this
day of December, 1992 , by DANIEL C. SCHANK .
Witness my hand and official seal.
My commission expires:
Notary Public
Address:
5
921195
STATE OF COLORADO §
COUNTY OF §
The foregoing instrument was acknowledged before me this
day of December, 1992, by , as
President of BELLY ACRES RANCH, INC. , on behalf of said
corporation.
Witness my hand and official seal.
My commission expires:
Notary Public
Address:
STATE OF COLORADO §
COUNTY OF §
The foregoing instrument was acknowledged before me this
day of December, 1992, by UNITED BANK OF GREELEY NATIONAL
ASSOCIATION, as TRUSTEE OF THE LINDA SCHANK TRUST.
Witness my hand and official seal.
My commission expires:
Notary Public
Address:
STATE OF COLORADO §
COUNTY OF §
The foregoing instrument was acknowledged before me this
day of December, 1992, by , as
of the BOARD OF COUNTY COMMISSIONERS, WELD COUNTY, COLORADO.
Witness my hand and official seal.
My commission expires:
Notary Public
Address:
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921195
R A RESOURCES. INC.
405 SEVENTH STREET I°'--1 n f^"`^',,
GREELEY.COLORADO 80631
(303) 353-6066 1
' - I ^ n n,
1 .
Ci ir,` f,
TO TI
T 1
December 7 , 1992
RE: Schank #2 Well
Weld County, Colorado
Dear Mineral Owner:
A single Designation of Unit on the captioned well was being
circulated to each mineral owner for signature. As we are working
with very short time constraints in consummating the sale of these
properties, we have elected to send a counterpart to each person
who is a signatory and I ask that you return it in the enclosed
envelope as soon as possible.
In the event you have not yet mailed back the iitn of it
and Gas Lease sent to you earlier, please enclose that as wofl
It is of the utmost importance that you give these documents your
earliest attention. Should you have any questions, contact me at
the number listed above, or contact Christy Long, a representative
of the purchaser, at (303) 694-3700.
Cordially,
4nt41r
President
Enclosures
921195
•
041sHt
CLERK TO THE BOARD
P.O. BOX 758
' GREELEY,COLORADO 80632
(303)356-4000 EXT.4225
C.
COLORADO
December 29, 1992
Duane D. Bacon, President
R A Resources, Inc.
405 Seventh Street
Greeley, CO 80631
Sir:
Enclosed is the Designation of Unit and Voluntary Pooling Agreement signed
by the Board of County Commissioners.
Please forward a copy of the fully executed agreement to this office.
Sincerely,„ 81P/4 4firti
Carol A. Harding
Deputy Clerk to the Board
CAH/bh
921195
'SPINDLE OIL AND GAS, INC.
P.O.BOX 910
NIWOT,COLORADO 80544-0910
FAX:(303)6522612
6997 PAIUTE AVENUE,SUITE 5 .105 8L V EN II I S T U[J I
LONGMONT,COLORADO 80503 GREELEY.COLORADO(10631
130316523586
f303135360fi6
(303)444.7836 METRO
Spindle Oil and Gas, Inc. and its wholly owned subsidiaries; R A Resources, Inc.,
D-J Energy, Inc., and Dubac Energy, Inc. hereby announce the following changes
in officers effective December 14, 1992.
The board of directors announce the resignation of the following officers of each
of Spindle Oil and Gas, Inc. and each of its subsidiaries:
Duane D. Bacon, President
Anne Peterson, Corporate Secretary
The board of directors have appointed the following officers of Spindle Oil and
Gas, Inc. and each of its subsidiaries:
Glenn Wm. Simmons, President
Thomas M. Alexander, Vice President of Operationa
Robert J. Devers, Controller.
Spindle Oil and Gas Inc and all of its subsidiaries above also announce the
following change in address and telephone numbers effective December 14, 1992:
6464 S. Quebec Street
Englewood, CO. 80111
(303) 779-8166 -- Telephone
(303) 796-8458 -- Fax
This change of address is also for the following partnerships, for which R A
Resources, Inc., is the general partner.
FARR EXPLORATION, LTD.
SEILBACH, LTD.REDBIRD, LTD.
BLUEBIRD, LTD. " . ..-
PEAK EXPLORATION, LTD. CD -
HARVEST EXPLORATION, LTD. .
BLISS EXPLORATION, LTD. H O
OLY EXPLORATION, LTD.
COTTONWOOD EXPLORATION, LTD. - --�
XEENESBURG EXPLORATION, LTD.
AIRPORT I, LTD. . -
JANUARY EXPLORATION, LTD.
JAR EXPLORATION, LID.
THS EXPLORATION, LTD. CD
RIVER RANCH EXPLORATION, LTD.
DEEP SAND EXPLORATION, LTD.
AIRPORT II, LTD.
LONG VIEW, LTD.
SOUTH FORK, LTD.
For a period of time you may still receive billings and checks with our old
address until our supply is exhausted.
We would appreciate your noting this change on your records. If you have any
questions, please do not hesitate to give us a call.
Sincerely,
I
Robert Devers
Controller
A 6 t 4 A A•-v
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