HomeMy WebLinkAbout930200.tiff RESOLUTION
RE: APPROVE DESIGNATION OF UNIT AND VOLUNTARY POOLING AGREEMENT BETWEEN R A
RESOURCES, INC. , AIRPORT I, LTD. , AIRPORT II, LTD. , CLAUS B. STERNBERG,
LEE S. BUBLITZ, GREELEY-WELD COUNTY AIRPORT AUTHORITY, CITY OF GREELEY,
COLORADO, AND WELD COUNTY, COLORADO, AND AUTHORIZE CHAIRMAN TO SIGN -
NISEI S3, T5N, R65W
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, R A Resources, Inc. , Airport I, Ltd. , Airport II, Ltd. , Claus B.
Sternberg, Lee S. Bublitz, Greeley-Weld County Airport Authority, City of
Greeley, Colorado, and Weld County, Colorado, own working, landowner royalty,
and/or overriding royalty interests in and to those leases on property located
in the NISEI of Section 3, Township 5 North, Range 65 West of the 6th P.M. , Weld
County, Colorado, and
WHEREAS, the Board has been presented with a Designation of Unit and
Voluntary Pooling Agreement between RA Resources, Inc. , Airport I, Ltd. , Airport
II, Ltd. , Claus B. Sternberg, Lee S. Bublitz, Greeley-Weld County Airport
Authority, City of Greeley, Colorado, and Weld County, Colorado, 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 R A Resources, Inc. , Airport I, Ltd. , Airport II, Ltd. , Claus B.
Sternberg, Lee S. Bublitz, Greeley-Weld County Airport Authority, City of
Greeley, Colorado, and Weld County, Colorado, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said agreement.
930200
icola6, „ c par O , s3-
RE: DESIGNATION OF UNIT AND VOLUNTARY POOLING AGREEMENT - N?SE* S3, T5N, R65W
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 24th day of February, A.D. , 1993.
� /GG2� BOARD OF COUNTY COMMISSIONERS
WE
LD/y� (/// WELD OUNTY, COLORADO �j���
Weld County Clerk to the Board / <u i�c:�t, g///��
Constance L. Ia rb{e�rt, Chairman
BY'/i7�4.r4-/�j -t .."7/4-,-.---c---: 1./ bJ �Q�(1, ) 1 9
Deputy Clerk to the B ard- W. }}} ebster, P TeJ
APPROVED A ,PTO FORM: f ..-S2--A- 11
Baxte
rk
County Attorney Dal K. Hall
1Barbara J J. Kirkmey I
930200
AR2324Q33
DESIGNATION OF UNIT AND
VOLUNTARY POOLING AGREEMENT
THIS AGREEMENT entered into this 24th day of February, 1993,
by and between the parties subscribing, ratifying or consenting
hereto, such parties being hereinafter referred to as "parties
hereto. "
WITNESET 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 wells have been drilled on
spacing units that include lands covered by the subject leases;
R A Resources, Inc. Landau #1 Well, located in the
NW/4SE/4 of Section 3 , Township 5 North, Range 65 West,
6th P.M.
R A Resources, Inc. Landau #2 Well, located in the
NE/4SE/4 of Section 3 , Township 5 North, Range 65 West,
6th P.M.
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. 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 65 West, 6th P.M.
Section 3 : N/2SE/4
Weld County, Colorado
Containing 80 acres, more or less. This Designation of
Unit and Voluntary Pooling Agreement shall include only
the Codell and Niobrara Formations underlying the pooled
area, and the oil and/or gas producible from said
formations shall hereinafter be referred to as "unitized
substances" .
2 . 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.
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F 1910 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
_ 930200
1.� 0 to
3 . 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.
4 . 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.
5. 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 pro 'uction
pursuant to this Designation of Unit and Voluntary
Pooling Agreement shall be deemed to be operations or
production as to each lease committed hereto.
6. 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.
7 . 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.
8 . 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.
9 . 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
such a counterpart, ratification or consent hereto with
the same force and effect as if all parties had signed
the same document.
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F 1911 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
_ a ,fO
IN WITNESS WHEREOF, the parties hereto have executed this
agreement as of the day and year first above written 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
AIRPORT I, LTD. , a Colorado limited
partnership
By: R A RESOURCES, INC. , as
ATTEST: general partner
Duane D. Bacon
Corporate Secretary President
AIRPORT II, LTD. , a Colorado
limited partnership
By: R A RESOURCES, INC. , as
ATTEST:
general partner
Duane D. Bacon
Corporate Secretary President
LESSORS:
Claus B. Sternberg Lee S. Bublitz
GREELEY-WELD COUNTY AIRPORT AUTHORITY, a Body Corporate and Politic
of the State of Colorado
BY:
Its Chairman
THE CITY OF GREELEY, COLORADO, a Municipal Corporation
ATTEST:
BY:
Clerk of the City of Greeley Its Mayor
COU TY OF W LD, COLORADO
JA qIl��
`'� GG� BY:� -----EGG/
County Clerk toc,Arejd Commissioner Constance L. Harbert
t Chairman, Weld County Board of
By: -� - =, Commissioners 03/01/93
Deputy; Clerk,?to`Board
—3—
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F 1912 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (�
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90
OVERRIDING ROYALTY INTEREST OWNERS:
NONE
ACKNOWLEDGEMENTS
STATE OF COLORADO §
COUNTY OF §
The foregoing instrument was acknowledged before me this
day of November, 1992, by Duane D. Bacon, as 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 November, 1992 , by Duane D. Bacon, President ^ c R A
Resources, Inc. , as general partner of AIRPORT I, LTD. , on behalf
of said partnership.
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 November, 1992, by Duane D. Bacon, President of R A
Resources, Inc. , as general partner of AIRPORT II, LTD. , on behalf
of said partnership.
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 November, 1992, by Claus B. Sternberg.
Witness my hand and official seal.
My commission expires:
Notary Public
Address:
-4- n z �
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F 1913 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
EXHIBIT "A"
Attached to and made a part of that certain
Designation of Unit and Voluntary Pooling Agreement
dated November , 1992 by and between
R A Resources, Inc. , et al
Description of Leases Committed
Lease #1.
Lease Date: July 18, 1984
Lessor(s) : Claus B. Sternberg and Lee S. Bublitz
Lessee: R A Resources, Inc.
Term: One year and as long thereafter
Recorded: Book 1037, Reception No. 1975319, of the
records of Weld County, Colorado
Lands Covered: Township 5 North, Range 65 West
Section 3 : A tract of land in the
W/2 SE/4 and the W/2SE/4SE/4 as
described by metes and bounds in
the lease and containing 62 . 138
acres, more or less
Lands Committed: Section 3 : N/2SE/4
Weld County, Colorado
Lease #2.
Lease Date: January 1, 1985
Lessor(s) : THE CITY OF GREELEY, COLORADO, a Municipal
Corporation; GREELEY-WELD COUNTY AIRPORT
AUTHORITY, a Body Corporate & Politic,
formerly known as Greeley/Weld County
Municipal Airport Authority; and COUNTY OF
WELD, COLORADO, a Government Body, also known
as Weld County, Colorado
Lessee: R A Resources, Inc.
Term: One year and as long thereafter
Recorded: Book 1068, Reception No. 02008940, of the
records of Weld County, Colorado
Lands Covered: Township 5 North, Range 65 West
Section 3 : NE/4SE/4, S/2NE/4 , SE/4NE/4,
W/2NE/4NE/4 and containing 180
acres more or less
Lands Committed: Section 3 : N/2SE/4
Weld County, Colorado
A-1
t!^x-59
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F 1914 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
STATE OF COLORADO §
COUNTY OF §
The foregoing instrument was acknowledged before me this
day of November, 1992 , by Lee S. Bublitz.
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 November, 1992 , by as Chairman
of Greeley-Weld County Airport Authority, a Body Corporate and
Politic of the State of Colorado.
Witness my hand and official seal.
My ,commission expires:
Ntsfary P,4b14E
Address:
STATE OF COLORADO §
COUNTY OF §
The foregoing instrument was acknowledged before me this
day of November, 1992 , by , as Mayor of
The City of Greeley, Colorado, a Municipal Corporation.
Witness my hand and official seal.
My commission expires:
Notary Public
Address:
STATE OF COLORADO §
COUNTY OF Weld §
The foregoing instrument was acknowledged before me this 24th
day of February, 1993, by Constance L. Harbert, Chairman , as County
Commissioner for The County of Weld, Colorado, a Municipal
Corporation.
\� ..• '•' "••Wittiness my hand and official seal.
ri sM`y commission expires: (.�
• , C.,..,:Fr.. .c.. , : Notary ui i
Address: P.O. Box 758
Greeley, CO 80632
n�
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F 1915 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
HABERSHAM ENERGY COMPANY
Ate& ,Vas
3650 HABERSHAM ROAD, NW SUITE 101 6464 SOUTH QUEBEC STREET
ATLANTA, GEORGIA 30305 ENGLEWOOD, COLORADO 801II
TELEPHONE: (404) 231-9029 TELEPHONE: (303)694-3700
FAX: (404)231-4425 FAX- (303)796-8458
February 17, 1993
Ms. Mary Ann Feuerstein
Weld County Clerk and Recorder
P.O. Box 459
Greeley, Colorado 80632
Clerk to the Board of Commissioner
P.O. Box 459
Greeley, Colorado 80632
Re: Landau #1 and #2 wells
Weld County, Colorado
To Whom It May Concern:
Enclosed is the Designation of Unit and Voluntary Pooling Agreement
for the above mentioned wells. We are sending another copy, for
the completed signature and acknowledgement pages have not been
received.
Please execute this document and return the signature and
acknowledgement pages at your earliest convenience.
If you have any questions, contact Christy Long at (303) 694-3700.
Sincerely,
HABERSHAM ENERGY COMPANY
Jeri Michelle Kogen
Lease Analyst
Enclosures
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