HomeMy WebLinkAbout910615.tiff RESOLUTION
RE: APPROVE STIPULATION OF INTEREST AND AGREEMENT FOR SETTLEMENT OF CLAIMS
WITH FINA OIL AND CHEMICAL 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 is a defendant in a case filed in the Weld
District Court, Case 88-CV-290, regarding the ownership of the Oil and Gas Lease
Hold Estate underlying property described as: Township 8 North, Range 58 West,
of the 6th P.M. , Weld County, Colorado, Section 6: NW,'-,,NiSW*, SWeSW!, also
described as Lots 8, 9, 10, 11, 12, 13, and 14, in accordance with a resurvey
plat dated April 18, 1919, and
WHEREAS, the parties to said action have determined that a stipulation as
to the ownership interest of the parties to the action is in their individual
best interest, and
WHEREAS, the staff of the Weld County Attorney's Office has reviewed and
has recommended approval of the Stipulation of Interest and Agreement for
Settlement of Claims regarding said ownership interest, and
WHEREAS, the Board therefore deems to advisable to authorize the Chairman's
signature on said Stipulation of Interest and Agreement for Settlement of Claims.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Chairman is authorized to sign said Stipulation of
Interest and Agreement for Settlement of Claims for resolution of Case No.
88-CV-290, filed in the District Court, County of Weld, Colorado.
910615
LEO I9 t
Page 2
RE: STIPULATION - FINA OIL
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 17th day of July, A.D. , 1991.
D'744/400.44 BOARD OF COUNTY COMMISSIONERS
ATTEST: � WELD COUN Y, LORADO
Weld County Clerk to the Board
SI/ Gord a y, airman
/n/By: 1. (_T,1/2*K /1O
Deputy Cler to the Board Geo e Kennedy, Pro-Tem
APPROVED AS 0 FORM: cZXC,t_2
_ ''' Constance L. Harbert
-71.-1!...... 4./e044-7
County Attorn y C. W. Kirby J �{� �jy�
W. ��eb�V IV-� " " - V
910615
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S`
DISTRICT COURT, COUNTY OF WELD, COLORADO
Case No. 88-CV-290
STIPULATION OF INTEREST AND AGREEMENT FOR SETTLEMENT OF CLAIMS
FINA OIL AND CHEMICAL COMPANY,
Plaintiff,
v.
EWING INVESTMENT COMPANY, a general partnership, TEXACO, INC . ,
and HOMER E . NORTHUP, WELD COUNTY, COLORADO, ROBERT M. GILBERT,
MILE HI OIL & GAS, INC . , COMMONWEALTH ENERGY ASSOCIATES, LP III ,
Defendants .
THIS STIPULATION OF INTEREST AND AGREEMENT FOR SETTLEMENT OF
CLAIMS was entered into the date and year hereinafter stated by
and between Fina Oil and Chemical Company, having a primary place
of business at 1601 Northwest Expressway, Suite 900, Oklahoma
City, Oklahoma 73112 , hereinafter referred to as "Fina" ; the
Board of County Commissioners of Weld County, Colorado, having
their place of business as 915 Tenth Street, Greeley, Colorado,
hereinafter referred to as "County" ; Ewing Investment Company, a
general partnership, in c/o Melvin Dinner, 630 Greeley National
Plaza, Greeley, Colorado, having its place of business in Weld
County, Colorado, hereinafter referred to as "Ewing" ; Homer E.
Northup, c/o Melvin Dinner, 630 Greeley National Plaza, Greeley,
Colorado, hereinafter referred to as "Northup" ; Robert M.
Gilbert, 1025 Ninth Avenue #309 , Greeley, Colorado, hereinafter
referred to as "Gilbert" ; Commonwealth Energy Associates, LP III ,
having its place of business as c/o William L. Taylor, Registered
Agent, 1 James Center, 906 East Carey Street, Richmond, Virginia
23219 , hereinafter referred to as "Commonwealth" and Mile Hi Oil
and Gas , Inc . , having its place of business as c/o Howard L.
Kennedy, Registered Agent, 3190 South Wadsworth Blvd. , Lakewood,
Colorado 80227 , hereinafter referred to as "Mile Hi . " The
parties may be referred to herein as the "parties" .
The parties have conflicting claims to the oil and gas
leasehold estate underlying the subject property described as :
T8N, R58W, 6th P .M. , Weld County, Colorado, Section 6 : NWT ,
NISWi , SW;SW4 , also described as Lots 8 , 9 , 10 , 11, 12 , 13 and
14 , in accordance with resurvey plat dated April 18 , 1919 .
vioo1 �
RECITALS :
I . Recitals :
a . Fina claims an undivided interest in and to the
oil and gas leasehold estate covering the subject
lands . Fina ' s claim to an undivided interest in
the oil and gas leasehold estate pertaining to the
subject lands was based upon the following oil and
gas leases :
1 . Oil and Gas Lease dated December 4 , 1985 ,
recorded at Book 1094 , No . 02035216 , Weld
County, Colorado, records from Weld County in
favor of Rio Grande Exploration Company, now
owned by Fina .
2 . Oil and Gas Lease dated January 28 , 1988,
recorded June 9 , 1988, in Book 1198 , No .
02144177 , the records of the Clerk and
Recorder for Weld County, Colorado, from J.
Chalmers Ewing for Ewing Investment Company,
a partnership, to Fina Oil and Chemical
Company, covering the subject lands .
3 . Oil and Gas Lease dated May 9 , 1988, recorded
in Book 1201 , at Page 02146976 , of the
records of the Weld County Clerk and
Recorder, from Homer E . Northup and spouse to
Fina Oil and Chemical Company, covering the
subject lands .
b . Defendant, Ewing Investment Company, claims an
interest in and to the mineral estate underlying
the subject lands by virtue of a deed dated
January 10 , 1933 , from Gagan Land Corporation to
Louise C . Ewing recorded in Book 942 , at Page 199 ,
of the records of the Weld County Clerk and
Recorder. Defendant, Ewing Investment Company,
has succeeded to the interest of Louise C . Ewing.
c . Defendant, Homer E . Northup, claims an interest in
the subject land by virtue of a Deed dated
February 23 , 1932 , recorded in Book 929 , at Page
202 , of the records of the Weld County Clerk and
Recorder from the Gagan Land Corporation to Homer
E . Northup . Subsequent conveyances by Homer E .
Northup retained the entire mineral estate in oil ,
gas , and other minerals to him.
d. Defendant, Board of County Commissioners of Weld
County, Colorado, claims an interest in and to the
subject lands by virtue of property tax deed
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proceedings . The subject lands were assessed for
taxation for the year 1931 by Weld County.
Pursuant to that assessment, Tax Sale Certificate
2522 was issued on December 31 , 1932 , in favor of
Weld County. The Tax Deed was issued by the Weld
County Treasurer in favor of Weld County, dated
May 15, 1939 , recorded in Book 1042, at Page 456 ,
of the records of the Clerk and Recorder of Weld
County, Colorado.
e . Defendant, Robert M. Gilbert claims an interest in
and to the subject lands by virtue of a
Treasurer ' s deed dated January 20, 1952 , recorded
in Book 1324 , page 192 , of_ the records of the Weld
County Clerk and Recorder from the Weld County
Treasurer in favor of Robert M. Gilbert (a one-
fifth interest) and Mel C. Bedinger (a one-fifth
interest) . One-half of the interest of Mel C.
Bedinger was conveyed through various mesne
distributions and conveyances to Commonwealth (a
one-twentieth interest) and to Mile Hi (a one-
twentieth interest) .
f . Mile Hi and ,Commonwealth claim an interest in and
to the oil and gas leasehold estate underlying the
subject lands by virtue of the following oil and
gas leases and deeds :
1 . Oil and Gas Lease dated April 16 , 1987 ,
recorded in Book 1154 , No. 02097504 , of the
records of the Weld County Clerk and Recorder
from Robert M. Gilbert to Mile Hi Oil and
Gas , Inc . This Oil and Gas Lease is
presently owned by Commonwealth Energy
Associates , LP III , and Mile Hi Oil and Gas ,
Inc .
2 . Oil and Gas Lease dated April 7 , 1987 ,
recorded in Book 1154 , No . 02097502 , of the
records of the Weld County Clerk and Recorder
from Lynne B. Mickel , formerly known as Lynne
Bedinger Bergman, to Mile Hi Oil and Gas ,
Inc . This Oil and Gas Lease is now owned by
Commonwealth and Mile Hi .
3 . Oil and Gas Lease dated April 7 , 1987 , from
Barry Clay Bedinger to Mile Hi Oil and Gas,
Inc . , recorded in Book 1154 , No . 02097503 .
Barry Clay Bedinger ' s interests are currently
held by Commonwealth and Mile Hi . This Oil
and Gas Lease is now owned by Commonwealth
Energy Associates , LP III , and by Mile Hi Oil
and Gas , Inc .
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3
4 . Mineral Deed dated April 3, 1989 , from Dan T.
Clark to Commonwealth Energy Associates-III ,
LP recorded in Book 1232, No. 02179846 ,
records of the Weld County Clerk and Recorder
and effective May 16, 1988 .
5 . Mineral Deed recorded 12/14/90 from Daniel T.
Clark to Mile Hi Oil and Gas, Inc . , recorded
in Book 1285 , No. 2235977 , records of the
Weld County Clerk and Recorder (effective
September 30 , 1990) .
g. That pending adjudication of matters in Case No.
88-CV-290, there has been deposited into the
Registry of the Court into a suspense fund, the
decimal interest amount of . 0879488 on the
Northwest Quarter and West Half Southwest Quarter
of Section 6 , Township 8 North, Range 58 West and
. 0439963 on East Half Southwest Quarter of Section
6 , Township 8 North, Range 58 West of the 6th
Principal Meridian, Weld County, Colorado, of the
oil and gas proceeds which includes Lot 15
( containing 40 . 03 acres) . Ownership of lot 15
( Southeast Quarter Southwest Quarter of Section 6 ,
Township 8 North, Range 58 West) is not subject to
dispute .
h . A dispute exists between County, Gilbert, Ewing,
Northup, Commonwealth and Mile Hi concerning
present ownership of an undivided interest in and
to oil , gas , and other minerals pertaining to the
subject lands . Civil Action No. 88-CV-290 has
been filed in the District Court of the County of
Weld, State of Colorado, to determine the rights
of these parties and other parties with respect
thereto.
i . The parties desire to settle the existing dispute
between and concerning ownership of oil, gas , and
other mineral rights underlying the subject lands ,
on the terms and subject to the conditions and
covenants contained in this agreement .
j . Defendant, Commonwealth Energy Associates LP III ,
has disclaimed any interest in the litigation to
the extent said interests were in dispute as of
May 31 , 1989 , but would retain any interest
received through the Mineral Deed from Dan T.
Clark dated April 3 , 1989 .
k . Defendant , Mile Hi Oil and Gas , Inc . , has neither
answered nor defended the Complaint or Amended
Complaint . Mile Hi would retain any interests
4 910615
received through the Mineral Deed from Daniel T.
Clark, recorded 12/14/90 .
1 . Texaco, successor to the Texas Company, has
disclaimed, by stipulation and order herein, a
claim to the interests in dispute.
II . Covenants
a . For the consideration described in Article I ,
above, and in further consideration of the mutual
covenants and agreements provided for herein, and
for Ten Dollars ( $10 . 00) and other good and
valuable consideration, the parties do hereby
agree to and adopt the terms and provisions
contained herein.
III . Stipulation of Interest.
a . Ewing and Northup hereby waive and disclaim any
interest and demise, grant, and convey any
interest, including oil and gas , they claim in and
to the subject mineral estate to Weld County,
Gilbert, Commonwealth, Mile Hi and Fina . If
requested by Fina to do so, Northup and Ewing will
execute and deliver to Fina a recordable document
in form and substance acceptable to Fina
evidencing the intent, ratification, and
conveyance provided for in this paragraph.
b. The remaining funds in the suspense account
covering Lots 8 through 15 of Section 6 , Township
8 North, Range 58 West, 6th P .M. , Weld County,
shall be distributed in accordance with the
following, subject to Paragraph III .c. herein:
Owner Decimal Interest
1 . Weld County, Colorado :
( For production thru 9/30/90 ) . 8913690
( For production after 9/30/90 ) . 8913690
2 . Robert M. Gilbert :
(For production thru 9/30/90 ) . 0784559
( For production after 9/30/90 ) . 066850
3 . Commonwealth:
(For production thru 9/30/90 ) . 0116059
( For production after 9/30/90 ) . 0116059
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4 . Fina Oil and Chemical Co . :
(For production thru 9/30/90 ) . 0185692
(For production after 9/30/90 ) . 0185692
5 . Mile Hi :
(For production thru 9/30/90) . 000
(For production after 9/30/90) . 0116059
Total in Suspense :
(For production thru 9/30/90 ) 1 . 00000000
(For production after 9/30/90) 1 . 00000000
Said distribution is based upon Northup and
Ewing ' s relinquishment of their claims and upon
the disclaimer and default of Commonwealth (as to
its working interest) , Mile Hi (as to part of its
royalty interests and all of its overriding
royalty interests ) , and Texaco .
c . Prior to distribution of the suspense fund, there
shall be assessed against the fund the sum of
$3 , 200 . 00 for attorney' s fees to the stakeholder
Fina, through its attorney, Dante L. Zarlengo, in
full and final settlement for all such claims
incurred during the course of this litigation .
Payments to be charged to the parties share of the
suspense fund as follows :
Weld County $2 , 852 . 38
Gilbert $ 213 . 92
Commonwealth $ 37 . 14
Fina $ 59 . 42
Mile Hi $ 37 . 14
d. The Clerk of the Court is directed to dispense the
sum of $6 , 700 . 00 to Northup and $1 , 300 . 00 to Ewing
in full and final settlement of any claim each may
have for ownership to the oil, gas , and mineral
estate underlying the subject property including
any claim of ownership or royalty interest . The
payment shall be taken from the suspense fund
prior to distribution of the proceeds and charged
to the fund as follows :
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Weld County $7, 130 . 95
Gilbert $ 534 . 80
Commonwealth $ 92 . 85
Fina $ 148 . 55
Mile Hi $ 92 . 85
e. With respect to lots 8, 9 , 10, 11 , 12 , 13 & 14 ,
the oil and gas interests of the parties are
determined as follows :
MINERALS : OIL AND GAS ONLY
Royalty
Owner Interest
Weld County, Colorado:
(Thru 9/30/90 ) 3/5
(After 9/30/90 ) 3/5
Robert M. Gilbert :
(Thru 9/30/90 ) 1/4
(After 9/30/90 ) 1/5
Commonwealth Energy Associates LP III
(Thru 9/30/90 ) 1/20
(After 9/30/90) 1/20
Mile Hi Oil & Gas , Inc . :
(Thru 9/30/90) 1/10
(After 9/30/90 ) 3/20
Overriding Royalty
Owner
5% X 1/5 X
Mile Hi Oil & Gas , Inc . 62 . 5% + 2% X
1/5 X 62 . 5%
7
910615
Working Interest
Owner
Fina Oil & Chemical Co . 608
Commonwealth Energy
Associates LP-III 258
Mile Hi Oil & Gas , Inc. 158
f . The distribution of any further proceeds from Lots
8 through 15 under the leases described herein
shall be as follows, accounting for Northup and
Ewing ' s relinquishment of claim and the disclaimer
and partial Default of Commonwealth and Mile Hi :
DISTRIBUTION OF PROCEEDS
Royalty
(For production through 9/30/90)
Owner Decimal Interest
Weld County:
(Lots 8-11 , 13 & 14 ) . 0783948
(Lots 12 & 15 ) . 0392169
Robert M. Gilbert :
(Lots 8-11 , 13 & 14 ) . 0425488
(Lots 12 & 15 ) . 0212850
Commonwealth:
(Lots 8-11 , 13 & 14 ) . 0062942
(Lots 12 & 15 ) . 0031486
Mile Hi Oil & Gas, Inc . :
(Lots 8-11 , 13 & 14 ) . 0105470
(Lots 12 & 15 ) . 0052761
United States :
(Lots 8-11 , 13 & 14 ) . 000
(Lots 12 & 15 ) . 0624689
Totals :
(Lots 8-11 , 13 & 14 ) . 1377848
(Lots 12 & 15 ) . 1313955
8
810615
Royalty
(For production after 9/30/90 )
Owner Decimal Interest
Weld County:
(Lots 8-11, 13 & 14 ) . 0783948
(Lots 12 & 15) . 0392169
Robert M. Gilbert :
(Lots 8-11, 13 & 14 ) . 0362546
(Lots 12 & 15 ) - . 0181363
Commonwealth:
(Lots 8-11 , 13 & 14 ) . 0062942
(Lots 12 & 15 ) . 0031486
Mile Hi :
(Lots 8-11 , 13 & 14 ) . 0168412
(Lots 12 & 15 ) . 0084248
United States :
(Lots 8-11 , 13 & 14 ) . 000
(Lots 12 & 15) . 0624689
Totals :
(Lots 8-11 , 13 & 14 ) . 1377848
(Lots 12 & 15 ) . 1313955
Overriding Royalty
Owner Decimal Interest
Mile Hi Oil and Gas , Inc . :
(Lots 8-11 , 13 & 14 ) . 0073828
(Lots 12 & 15) . 0036932
D & J Trust :
(Lots 8-11 , 13 & 14 ) . 000
(Lots 12 & 15 ) . 0249876
Texaco, Inc . :
(Lots 8-11 , 13 & 14 ) . 0075000
(Lots 12 & 15 ) . 0037518
Totals :
(Lots 8-11 , 13 & 14 ) . 0148828
(Lots 12 & 15 ) . 0324326
9 910615
Working Interest
Owner Decimal Interest
Fina Oil and Chemical :
(Lots 8-11, 13 & 14 ) . 5175707
(Lots 12 & 15 ) .2589147
Commonwealth Energy Assoc . , LP-III :
(Lots 8-11, 13 & 14 ) . 2026367
(Lots 12 & 15) . 1013689
Mile Hi Oil and Gas, Inc . :
(Lots 8-11 , 13 & 14 ) . 1271250
(Lots 12 & 15) . 0635942
Eagle Exploration:
(Lots 8-11, 13 & 14 ) . 000
(Lots 12 & 15 ) . 4122941
Totals :
(Lots 8-11 , 13 & 14 ) . 8473324
(Lots 12 & 15 ) . 8361719
GRAND TOTALS :
(Lots 8-11 , 13 & 14 ) 1 . 0000000
(Lots 12 & 15) 1 . 0000000
g . Fina may rely upon the terms and provisions of
this Stipulation of Interest and Agreement for
Settlement of Claims in distribution of proceeds
from the sale of oil or gas produced from the
subject lands . Fina is hereby released and
discharged from any and all claims , debts , actions
or liability incurred by or relevant to the
payment of production proceeds in the manner
described in this document . The parties agree to
execute such additional instruments as Fina may
reasonably request to facilitate future
distribution of proceeds . The parties ratify and
approve the payment of production proceeds
heretofore made by Fina insofar as such payments
pertain to the interest in dispute as described in
this action.
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91G615
IV. General Provisions
a. This Agreement shall be deemed a covenant running
with the land and shall be binding upon the
parties, their heirs, successors , and assigns , and
on future owners of any interest in the subject
lands created by, through, or under the parties
hereto.
b. The parties agree to execute and deliver such
other and further instruments as may be necessary
or appropriate to evidence and implement the
intent expressed herein.
c . This Agreement is subject to approval of Weld
County District Court pursuant to Action No. 88-
CV-290 to the extent required by the Colorado
Rules of Civil Procedure.
d . This Agreement contains and constitutes the entire
agreement between the parties . There are no oral
or written representations , agreements , or
statements between the parties relative hereto
which the parties intend to be effective that are
not contained in this Agreement . All such prior
communications are deemed merged into the terms
and provisions thereof . This Stipulation
addresses title to the mineral interests and net
royalty interest but is not intended to address
any issues regarding the value of the proceeds
from the subject properties .
e . Each party represents and warrants :
1 . That it presently owns an interest in the
subject land to the extent represented by the
documents described in and the recitals
contained in Article I , above, and that that
interest has not been conveyed, pledged,
mortgaged, encumbered, or otherwise assigned
to any other party.
2 . Each party has the authority to enter into
the terms and provisions of this Agreement
and the executing party is authorized to do
so .
3 . This Agreement is within the power of each
party to execute and deliver, and is a
binding legal obligation of the party.
910615
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f . The parties jointly move for the entry of default
against Defendant Mile Hi Oil and Gas , Inc. ,
covering part of its interests herein as no
response or entry of appearance has been made and
service has been made on the Defendant. Attached
is an Affidavit pursuant to Rule 121, Section 1 -
14 (b) , in support thereof .
WHEREFORE, the parties hereto respectfully request that this
Stipulation be made an Order of Court, that this matter be
dismissed with prejudice following disbursement of the suspense
fund with each party to pay its own, except as otherwise set
forth herein.
FINA OIL AND CHEMICAL COMPANY
//
BY: �! u_� r
Ri.char C. Linn ey
Title: Attorne -in-Fact
June 7, 1991
Date Signed
State of Oklahoma )
ss
County of Oklahoma )
The foregoing STIPULATION OF INTEREST AND AGREEMENT FOR
SETTLEMENT OF CLAIMS was acknowledged to me this 7th day
of June , 1991 , by Richard C. Lindley as
Attorney-in-Fact of Fina Oil and Chemical Company.
'1' LW#p'ness my hand and official seal .
Pa-<`I •E A L)
a
•s • %% F" ' • a '�
•
utr
••.. O,rt Asc
Jeania Luber
• -
My commission expires :
May 23, 1993
12 91.`615
DISTRICT COURT, COUNTY OF WELD, COLORADO
Case No. 88-CV-290
AFFIDAVIT IN SUPPORT OF MOTION FOR DEFAULT JUDGEMENT
FINA OIL AND CHEMICAL COMPANY
Plaintiff,
v.
EWING INVESTMENT COMPANY, a general partnership, TEXACO, INC. , and
HOMER E . NORTHUP, WELD COUNTY, COLORADO, ROBERT M. GILBERT, MILE HI
OIL & GAS, INC . , COMMONWEALTH ENERGY ASSOCIATES, LP III ,
Defendants .
I , Lee D. Morrison, Assistant County Attorney, being first
duly sworn upon oath, depose and state as follows :
1 . The Affiant is Counsel for Defendant, Weld County Board
of County Commissioners .
2 . That I have personal knowledge of this matter.
3 . To the best of my knowledge, Mile High Oil and Gas Inc .
is a corporation and not an infant, an incompetent
person, an officer or agency of the State of Colorado, or
capable of being in military service.
4 . That venue is proper in the County of Weld, as the real
property which is the subject of this action is located
in the County of Weld, and the place of business of the
Defendants , the Board of County Commissioners of Weld
County, Colorado, Ewing Investments, and Robert Gilbert,
is the County of Weld .
910615
FURTHER, Affiant sayeth naught.
WELD COUNTY, COLORADO
THOMAS O. DAVID
WELD COUN Y ATTORNEY
•
0
L E D. MORRISON #8067
As t. Weld County Attorney
915 Tenth Street
P.O. Box 1948
Greeley, Colorado 80632
( 303 ) 356-4000, Ext . 4391
SUBSCRIBED AND SWORN to before me this t k- day of
_J (-La .4_\ , 1991 .
WITNESS my hand and official seal .LinfNotary Pub lc � t
My commission expires : �Y
MY commission EXPIRES JUNE S. 1994
AFFINA.CGT
910615
LAW OFFICES OF DANTE L.
ZARLENGO
By: AA/
DANit‘
ZARLEN #2 93
1801 Broadway, Suite 1600
Denver, Colorado 80202
( 303) 295-7357
Attorney for FINA OIL AND
CHEMICAL COMPANY, Plaintiff
BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, COLORADO
By:
T e : irman
7 /967/ ATTEST: /'�W 404%
Date Signed/
WELD COUNTY CLERIC TO THE BOARD
State of ) BY: �4� (AT)
ss DEPUTY CL C TO HE BOARD
County of )
The foregoing STIPULATION OF INTEREST AND AGREEMENT FOR
SETTLEMENT OF CLAIMS was acknowledged to me this day
of , 1991 , by as
, Chairman of the Board of County Commissioners of
Weld County, Colorado .
Witness my hand and official seal .
( S E A L)
Notary Public
My commission expires :
9106.15
13
THOMAS O. DAVID
WELD COUNTY ATTORNEY
By:
LEE D. MORRISON #8067
Assistant County Attorney
915 Tenth Street
P. O. Box 1948
Greeley, Colorado 80632
( 303 ) 356-4000, Ext. 4391
Attorneys for WELD COUNTY,
COLORADO, Defendant
COMMONWEALTH ENERGY
ASSOCIATES, LP III
By:
Title :
Date Signed
State of )
) ss .
County of )
The foregoing STIPULATION OF INTEREST AND AGREEMENT FOR
SETTLEMENT OF CLAIMS was acknowledged to me this day of
, 1991 , by as
of Commonwealth Energy Associates, LP III .
Witness my hand and official seal .
( S E A L)
Notary Public
My commission expires :
14 91'615
THOMAS W. NIEBRUGGE #8418
1665 Grant Street
Denver, Colorado 80203
( 303) 830-7127
Attorney for Commonwealth
Energy Associates , LP III
MILE HI OIL AND GAS, INC .
By:
Title:
Date Signed
State of )
) ss .
County of )
The foregoing STIPULATION OF INTEREST AND AGREEMENT FOR
SETTLEMENT OF CLAIMS was acknowledged to me this day of
1991 , by as
of Mile Hi Oil and Gas , Inc .
Witness my hand and official seal .
( S E A L)
Notary Public
My commission expires :
910615
15
EWING INVESTMENT COMPANY
4 1
By: 4 LJ»u vi
Title: Partner
June 21 , 1991
Date Signed
State of Arizona )
ss
County of Maricopa )
The foregoing STIPULATION OF INTEREST AND AGREEM NT FOR
SETTLEMENT OF CLAIMS was acknowledged to me this 6z/..y.-r— day
of K 1 tt ✓IC , 1991 , by J . Chalmers Ewing; as
Parrnar of Ewing Investment Company.
' .Witness my hand and official seal .
(S E" A L)
O
:,
Notary Public
My commission expires : MyConmissbnEpreaM431,1995
DINNER, HELLERICH AND LAZAR
By: Vki21-4-4-4- 4--1--t-4-4..-m
MELVIN DINNER #592
630 Greeley National Plaza
Greeley, Colorado 80631
( 303) 352-2081
Attorneys for EWING
INVESTMENT COMPANY,
Defendant
16 SiC6 5
HOMER E . NORTHUP
716
9U-ey /99 /
Date Signed
State of Ne_P-&d.e) )
ss
County of )
The foregoing STIPULATION OF INTEREST AND AGREEMENT FOR
SETTLEMENT OF CLAIMS was acknowledged to me this day
of �7.41`) , 1991, by Homer E. Northup.
Witness my hand and official seal .
( S E A L)
? N tary Public
/
c c
C\PA, yf t ��.,/
;�,frMy commission expires : "t (. " 49, /77/
^f cc DINNER, HELLERICH AND LAZAR
By: Lk.a--•-•
MELVIN DINNER #592
630 Greeley National Plaza
Greeley, Colorado 80631
( 303) 352-2081
Attorneys for HOMER E .
NORTHUP, Defendant
910615
17
•
ROBERT M. GILBERT
nALIC-
,u-..`- 47, / el-9/
Date igned
State of e4Lo,A4A o )
ss
County of LeJet3 )
The foregoing STIPULATION OF INTEREST AND AGREEMENT FOR
SETTLEME OF CLAIMS was acknowledged to me this /J•"" day
of , 1991 , by Robert M. Gilbert .
Witness my hand and official seal .
( S E A L)
Notary Public
My commission expires : 6, / 793
WILLIAM H. SOUTHARD
ATTORNEY AT LAW
WILLIAM H . SOUTHARD #1223
309 United Bank Building
1025 9th Avenue
Greeley, Colorado 80631
( 303 ) 353-1292
Attorney for ROBERT M.
GILBERT, Defendant
91 615
18
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct
copy of the foregoing STIPULATION OF INTEREST AND AGREEMENT FOR
SETTLEMENT OF CLAIMS was placed in the United States mail ,
postage prepaid, addressed to :
Richard H. Bate, Esq.
600 17th Street
Suite 420 South
Denver, CO 80202 -
DATED this day of , 19
SFINAOIL. RMM
91.0615
19
c�
OFFICE OF COUNTY ATTORNEY
PHONE(303)356-4000 EXT. 4391
P.O. BOX 1948
'‘ GREELEY,COLORADO 80632
I
C. July 26 , 1991
COLORADO
Thomas Niebrugge
1665 Grant Street
Denver, CO 80203
RE : Fina Oil and Chemical Co. , v. Ewing Investment Co. , et al .
Dear Mr. Niebrugge:
I am sending you a copy of a Stipulation of Interest and Agreement
for Settlement of Claims in the Fina Oil v. Ewing Investment case.
This agreement was some time in the making and all parties , except
for your client and Mile Hi Oil and Gas Incorporated (who would
appear to be in default) , have executed the agreement . You have
previously entered a Disclaimer as to any of the disputed interests
without waiving any claim to the extent interests are not in
dispute. I believe that the Stipulation fairly reflects
Commonwealth Energy Associates continued royalty interests of one-
twentieth ( 1/20 ) and working interest of 25 percent . Evaluation of
the amounts in the suspense account indicate that, despite your
disclaimer, Commonwealth is entitled to . 0116059 decimal interest
in the disputed proceeds in the suspense account which are
currently in excess of $100 , 000 ; $37 . 14 for a share of the
attorneys ' fees for the stakeholder and $92 . 85 for settlement with
the Plaintiffs will be deducted prior to distribution.
Please contact me as soon as possible so that I can make
arrangements for obtaining your signatures on the Stipulation if
you believe it to be appropriate.
Thank you for your attention to this matter.
Yours truly,.t12d1A4A2(7:
Le D. Morrison
Assistant Weld County Attorney
LDM: rm
Enc .
xc : Melvin Dinner (w/o Enc . )
Robert M. Gilbert (w/o Enc . )
Dante L . Zarlengo (w/o Enc . )
Clerk to the Board (w/o Enc . )
910615 .
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