HomeMy WebLinkAbout940691.tiff RESOLUTION
RE: AUTHORIZATION OF AMENDMENT TO OIL AND GAS LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY, COLORADO - S18, T2N, R66W
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 the owner of vast acres of mineral lands
located in Weld County, Colorado, and
WHEREAS, an Oil and Gas Lease dated May 6, 1970, and recorded June 10,
1970, in Book 627 at Reception No. 1548854, Weld County, Colorado, was executed
by Jess and Orpha G. Koenig, for the following described lands:
Township 2 North, Range 66 West, 6th P.M. , Weld County, Colorado
Section 18: that part of Lot 8 lying east
of the South Platte River, including that
part of lots 5 and 7 lying west and south
of the South Platte River in the SW,'--,
WHEREAS, on October 12, 1973, said lease was assigned to Weld County,
Colorado, and
WHEREAS, Basin Exploration, Inc. , and Basin Operating Company are the
leasehold owners, and the remaining parties hereto are royalty interest owners
under that certain Oil and Gas Lease, from Jess and Orpha G. Koenig, to Energy
Minerals Corporation, and
WHEREAS, Basin Exploration, Inc. , and Basin Operating Company have
submitted an Amendment to Oil and Gas Lease concerning Paragraph 13 of said
lease, with a copy of said amendment being attached hereto and incorporated
herein by reference, and
WHEREAS, after study and review, the Board deems it advisable to approve
said amendment.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Amendment to the Oil and Gas Lease among Basin
Exploration, Inc. , and Basin Operating Company, and the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on the
hereinabove described lands, be, and hereby is, approved.
940691
AMENDMENT TO OIL AND GAS LEASE - BASIN EXPLORATION, INC. /BASIN OPERATING CO.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 25th day of July, A.D. , 1994.
BOARD OF COUNTY COMMISSIONERS
ATTEST: AL411/0emat WELD COUNT , GOL RADO
/
i
Weld County Clerk to the Board /2 ru
Webste man
72_,./ (
)))7 i r BY: Deputy Clerk to the Brd Dale K. Hall, Pro- em
APPROVED AS TO FORM: EXCUSED
Geeo e E. Baxter
un Att rgey onstance L. Harbert
EXCUSED DATE OF SIGNING (AYE)
Barbara J. Kirkmeyer
940691
r
AR24D4818
.2404818 B-1457 P-699 08/31/94 03:47P PG 1 OF 2 REC DOC
,Mary Ann Feuerstein Weld Co. , Clerk & Recorder 10.00
AMENDMENT TO OIL AND GAS LEASE
This Amendment to Oil and Gas Lease (hereinafter "Amendment") is executed to be effective July 25, 1994,
this I gPday of August, 1994 by Basin Exploration, Inc.,a Delaware corporation, and Basin Operating Company,
a Colorado corporation,both with an address of 370-17th Street, Suite 1800,Denver,Colorado 80202; and by Weld
County - Board of Land Commissioners, with an address of P. O. Box 758, Greeley, Colorado 80632;
RECITALS
WHEREAS, Basin Exploration, Inc., and Basin Operating Company are the leasehold owners, and the
remaining parties hereto are royalty interest owners under that certain Oil and Gas Lease, dated May 6, 1970,
recorded in Book 627 at Reception No.1548854,Weld County,Colorado,from Jess and Orpha G.Koenig,to Energy
Minerals Corporation, hereinafter the "Subject Lease"), which specifically covers the following described lands,
(hereinafter the "Subject Lands"):
Township 2 North. Range 66 West 6th P.M
Section 18: that part of Lot 8 lying east of the South Platte River,
including that part of lots 5 and 7 lying west and south
of the South Platte River in the SW/4 (the "Subject Lands")
WHEREAS,the Subject Lease, at Paragraph "13" thereof, contains a limited pooling and unitization clause
and the parties hereto wish to amend the Subject Lease to delete the original pooling and unitization clause, and to
substitute a new pooling and unitization clause as set out below.
NOW THEREFORE, in consideration of the mutual covenants contained herein and the benefits to be
received by all the parties hereto, the parties hereby covenant and agree as follows:
1. The Subject Lease shall be amended to delete, in its entirety, the pooling and unitization provision at
Paragraph "13" thereof and to substitute and incorporate the following new pooling and unitization provision:
"13. Lessee, at its option, is hereby given the right and power at any time and
from time to time as a recurring right, either before or after production
as to all or any part of the land described herein and as to any one or
more of the formations hereunder, to pool or unitize the leasehold estate,
and the mineral estate covered by this lease with other land, lease or leases
in the immediate vicinity for the production of oil and gas, or separately
for the production of either, when in Lessee's judgment it is necessary or
advisable to do so, and irrespective of whether authority similar to this
exists with respect to such other land, lease or leases. Likewise, units
previously formed, may be reformed to exclude non-producing formations or
to form separate units covering multiple producing formations, underlying
the same lands. The forming or reforming of any unit shall be accomplished
by Lessee executing and filing of record a declaration of such unitization
or reformation, which declaration shall describe the unit. Any unit may
include land upon which a well has theretofore been completed or upon which
operations for drilling or reworking operations or a well shut in for want
of a market anywhere on a unit which includes all or part of this lease
shall be treated as if it were production, drilling or reworking operations
or a well shut in for want of a market under this lease. In lieu of the
royalties elsewhere herein specified, including shut-in gas royalties,
Lessor shall receive on production from the unit so pooled, royalties only
on the portion of such production allocated to this lease; such allocation
shall be that proportion of the unit production that the total number of
surface acres covered by this lease and included in the unit bears to the
total number of surface acres in such unit."
2. The parties hereto who are royalty owners further ratify, confirm and adopt the Subject Lease, and lease
the Subject Lands under the Subject Lease to the lease owners, in all matters, and, except as specifically amended
hereby, the remaining terms and conditions of the Subject Lease shall continue in full force and effect.
3. The parties represent that each of them is an interest owner in the Subject Lease, and that no
conveyance, encumbrance, or transfer has been made by them or is outstanding which would operate to diminish
their respective interests in the Subject Lease or their ability to enter into this Amendment.
4. This Amendment shall be binding upon and effective as to the interest of each of the undersigned parties
who execute the same,without regard to the execution or lack of execution of any other party whomsoever; and may
be executed in counterparts bearing one or more signatures which shall be deemed duplicate originals with respect
-3-
9C 0691
CLC GAS Unit #1, #2
T2N-R66W Section 18
2404818 8-1457 P-699 08/31/94 03:47P PG 2 OF 2
AMENDMENT TO OIL AND GAS LEASE
5. This Amendment shall be binding upon and inure to the benefit of the parties hereto, their personal
representatives, successors, and assigns.
,-Expputed as of the day and year first above written.
ATTESTS ' '` BASI ERATIN C
- BY:
�'.j-IaWa1Q"B,oigoiy-,Secre ry Dan L. Schwartz, Vice-Pres'= n
,t ,t. 't..,� ~/ ' i.
` ATTEST: BASIN LORATI INC.
ice....,.•:-.-.
B p ' How Boigon, Secr ry Dan L. Schwartz, Vice-Presi
WIC ►I 4 i` �' ' WELD COUNTY - BO OF COUNTY COMMISSIONERS
BY/ ` •` 4�.+I�t.N .i BY: (/' A \ / A �7�1 , 7 7-
-,CL_ :y: "g'fi t ' ' Td.11. WEBSTER, CHAIRMAN (7/27I-94)
STA;r o� �.� t )
,`;4 The foregoing instrument was acknowledged before me by Dan L. Schwartz, as Vi e-President of BASIN
,SPA&ERAtING COMPANY and BASIN EXPLORATION,INC., this /Gj tA day of r,w , 1994,on
Qy of'the corporations.
• \j,p WITNESS my hand and official seal.
11-
t
.. . `,T:; EMpf Commission Expires:
— a —Tr , r+c
No Public
STATE OF COLORADO )
` n. ,.r SS,.
C014,41-1/ OF W e�[CL ) y
co ., •,-,.\ . �1��alt day of
foregoing '.instrument was acknowledged before me by VV fl-VVebslerthis -T
Ny `;.f c,._ ,1994.
^.wIPFNESS my.hand and official seal.
n r
My Commission Expires: 1
01../0//0& , itc(e..4,t- it- ) l'(._L L—
Notary Public
STATE OF COLORADO )
SS.
COUNTY OF )
The foregoing instrument was acknowledged before me by . this day of
, 1994.
WITNESS my hand and official seal.
My Commission Expires:
-4-
940691
{ t .5.. � ....
✓ .'�'T~fx � 1 N t JYp IEPC-62886
AMENDMENT OF LEASE DESCRIPTION
T \Tt: OF COLORADO
KNOW ALL MEN BY THESE PRESENTS; THAT,
COUNTY OF ,e
WHEREAS, under date of May 6 , 19 70 , Jess Koenig and Orpha G. Koenig ,
,,,,F,'band and wife , 703 McKinley Avenue , Ft. Lupton , Colorado 80621
as Lessors, did execute and deliver to Energy Minerals Corporation
627 at Reception No. 15488'54Records
as Lessee, an oil, gas and mineral lease, which is recorded in Book apx ec of the
of l.he County of Weld , State of_ Colorado and which lease covers certain
land situated in said County and State described in said lease, reference to said lease and the record thereof being
here made for all purposes; and,
WII1sREAS, said lease and all rights and privileges thereunder are now owned and held by
, hereinafter called LESSEE; and,
WhIEREAS, in order to perfect said lease in accordance with the intention of the parties who executed it, it
is the desire of LESSEE and the other undersigned parties hereto (which other undersigned parties are hereinafter
called LESSOR, whether one or more) to amend said lease so as to describe the land covered thereby as it is herein-
after described.
NOW THEREFORE, in consideration of the premises the parties hereto do hereby amend said lease so as to
describe the lands covered thereby as follows, to-wit:
•
All of Lessors ' interest in Section 13 of Township 2 North , Range 67 West ,
6th P.M. , including but not by way of limitation all of Lots 7 and 8 of
The Lupton Meadows Land Company Division No. 1 , located in the S1/2SE4 of
said Section 13.
All of Lessors ' interest in Section 18 of Township 2 North, Range 66 West,
including but not by way of limitation that part of Lots 5 and 7 lying
west of the South Platte River and located in the SWa of Section 18.
Said lease shall also cover and include, as part of the land above described, all land owned or claimed by LESSOR
adjoining or contiguous to the land particularly described above, whether the same be in said section or sections,
grant or grants, or in adjacent sections or grants,although not described or included within the description above
set forth.
Except as herein amended said lease shall remain in full force and effect as executed and as herein and/or
heretofore amended, and LESSOR hereby in all things adopts, ratifies and confirms said lease as the same is hereby
amended, and hereby Grants, Leases and Lets all of the land above described and referred to unto LESSEE subject
to and under the terms and provisions of said lease, retroactively on and after the date of execution of said lease,
and the LESSOR hereby surrenders and releases all right of dower and homestead in the land above described.
Signed, sealed and delivered on this day of , 19_
Witnesses:
1Ottat
LESSOR
LESSEE
940691
is _/i' i.l',lr ) Vila A .
i I ....� 'a.,, , U T .,'
Aare Okla R Cults 1957 Li al / (_-_ _
t // Tlflti AGREEMENT, Entered into this the
1—_D t— day a1/of— tr\— .`�j- SS -- • 19n
! between .fe.ss Kee'A) (1.c\� D(•�7V\c\,S I\L n:,cx ��\Us an�nt� ctne� w‘ ,� no3
t `r\cY.ti\vey Anew , Psi, t-,P1-O�\ colorc4 o �U63. �
r hereinafter called lessor,
�•.,`-`ter n cvtvV " — CO 1 c) ` `kit t-'`\r\ hereinafter called lessee, does witness:
-- �-r• nnG yvtd, e
I. Thee lessor, far and in consideration of the sum of`_V-ie..AL�.Dollars In hand paid and of the covenants and agreements hereinafter contained
to be performed by the lessee, has this day granted, leased, and let and by these presents does hereby grant. lease, and let exclusively unto the Irs.ee the
hereinafter described land. and with the right to unitize this lease or any part thereof with other oil and gas leases as to all or any part of the lands covered
' thereby as herein after provided, for the purpose of carrying on geological, geophysical ana other exploratory work, including core drilling, and the drilling. mining.
ani operating for, producing, and saving all of the oil, gas, casinghead gas, case m,head gasoline and all other gases and their respective constituent vapors,
and for constructing roads, laying pipe lines. building tanks, storing oil, building power stations. telephone lines and other structures thereon necessary or
convenient for the economical operation of said land alone or conjointly with neighboring lands, to produce, save. take care of, and ma nu I actor° oil of.�s
substances, and for housing and boarding employees, said tract of land with any` eversionar c...1/4..)L1\
ghts therein being situated in the County of
, State of!�C`Q`gJ —, and described as follows:
Ipl\ o-. k\\Q1r 1k\i-eres -� k� c w
ot,s\\-kce N Re,,,N�e_ (o`) )SeckioN
r` ikt c ( udi ;1j LO4- 7 &v et -FAO} Phv-f o f ',of 8 c..y;.1, E--asf o f fine /3
tv pl0. fte l�iv 'g j sec o\\ \ 2 d;K
p i k ,\ , V e> r, k(0\ee. `✓ l r _ i t of lb
` p,.:\t.. tee 1Qts:Ys.a •v:t
- j V i d SOlxfk U f silt ri:..T tV Ilk II
' ko-f pair-{ of I.ofs 5 & 7 ly;eti F CS 71. an � _ 86
. [p/ � fh S /y Sec• !8� _ppxs \ and containing_g_6 acres, more or less,
tI ti/f r ; 1 O nL \\ 1years from this one. and as long thereafter as all
2. It Is agreed that this lease shall remain in full ront for a term of
-r., or gas. or either of them, is produced from said land or front lands with which said land is consolidtedI or the premises are being developed or operated.
3. in consideration of the premises the said lessee covenants and agrees:
aTo deliver to the credit or lessor, free of cost, In the pipe line to which lessee may connect his wells, the equal one-eighth I.' part of all oil
•
produced and saved from the leased premises.
E. e- The lessee shall monthly pay lessor as royalty on gas marketed from each well where gas only is found, one-eighth pay
of the proceeds If sold at the
well-or if marketed by lessee off the !eased premises, then one-eighth 'JAI of its market value at the well. The lessee shall the lessor: sal one-elghtt. i as
of the procredi received by the lessee from the sale of casinghead gas.•produced from any oil well: lb' one-eighth 5!si of the value. at the mouth of the well.
computed at the prevailing market price, of the casinghead gas, produced from any oil well and used by lessee off the leased premises for any purpose or
ni used on the e nt and !. Lessor•a.w expense of using rd yas from premise. by the
gas well lessee
onfor
said landpurposes
for stoves than
and Ins de lightseIn the principal dwelling located on i the have
leased privilege at
aby his
making risk
his own
Y' connections thereto.
V.J WTere gas from a well or wells, capable at producing gas only. Is not sold or used for a period of one year, lessee shall pay cr tender as royalty, an
CO amount equal to the delay rental as provided in paragraph f 5 hereot payable annually on the anniversary date of this lease following the end of each such
year during which such gas Is not sold or used. and while said royalty is so paid or tendered this lease shall be held as a producing property under para-
In graph numbered two hereof. (k1f
l"'�• S. If operations tor the drilling of a well for oil or gas not commenced on said land on or before the-_ _day of__y_t�," 9 . t9�L.
pg. this Lease shall terminate as to
to both parties, unless the less hall on or fore said date pay or tender Otto the lessor or for the less credit In the
500' ,Cy \� Y' $,Q__Sank at �.s-4, \\)_ Qti `_ceic,. 4Q. or its successors, which Sank and Its suc-
tslk Ce s are the lessor agent and shall continue as the depository of any and all s/y� s ❑ayablea under this ease s regardless of changes of ownership in said
land or in the oil and gas or in the rentals to accrue hereunder. the sum of S CJ .Lai\____ y hlt�,*_ — Dollars, which shall op-
III crate as a rental and cover the privilege of deferring the commencement of operations for drill)'5 for g. period of one year. In like manner and upon like
payments or tenders the commencement of operations for drilling may further be deferred for like periods successively. All payments or tenders may be made by
check or draft of lessee or any assignee thereof, mailed or delivered on or before the rental paying date, either direct to lessor or assigns or to said depository
C• bank and it Is understood and agreed that the consideration first recited herein, the down payment. covers not only the privilege granted to the date when
said first rental Is payable as aforesaid, hut also the lessee's option of extending that period as aforesaid and any and all other rights conferred. Lessee may
O at any thereby tsurrender execute and
teasel as tto o Lessor,h portionr lace or portions p and release
relieved or releases
call covering
obligations yasD toton the or
acreage surns pf the above rendered, and described premisesthereafter rentaa
0 payable hereunder shall be reduced In the proportion that the acrea6e covered hereon is reduced by said release or releases.
_ 6. Should the first well drilled on the above described land be a dry hole. then, and in that event, it a second well is not commenced on said land
within twelve months from expiration of the last rental period for which rental has been paid, this lease shall terminate as to both parties,unless the
dlessee on or before the expiration of said twelve months shall resume the payment of rentals In the same amount and in the same manner as herelnbeiore
r— provided. And it is agreed that upon the resumption of the payment of rentals. as above provided, that the last preceding paragraph hereof, governing the
• payment of rentals and the effect thereof shall continue in force just as though there had been no interruption In the rental payments.
T. If said lessor owns a less Interest in the above described land than the entire and undivided fee simple estate therein. then the royalties and rentals
Se herein provided shall be paid the lessor only in the proportion which his Interest bears to the whole and undivided fee. However. such rental shall be in•
7-1 creased at the next succeedlne rental anniversary after any reversion occurs to cover the interest ss acquired.
t The lessee shall have the right to use free of cost. gas. oil and water found on said land for its operations thereon, except water from the wells of
the lessor. When required by lessor. the lessee shall bury its pipe lines below plow depth and shall pay for damage caused by its operations to growing crops
on said land. No weer shall be drilled nearer than 200 rest to the house or barn now on said premises without written consent of the lessor. Lessee shall have
the right at any time during, or after the expiration of, this lease to remove all machinery, fixtures houses. buildings and other structures placed on said
premises, including the right to draw and remove all casing. Lessee agrees, upon the completion of any test as a dry hole or upon the abandonment of any
producing well, to restore the premises to their original contour as near as practicable and to remove all installations within a reasonable time.
I. If the estate of either party hereto Is assigned'and the privilege of aeslgning In whole or in part is expressly allowed the covenants hereof shall extend
to the heirs, devisees, executors, administrators, successors, and assigns. but no change of ownership In the land or in the rentals or royalties or any sum
due under this lease shall be binding on the lessee until it has been furnished with either the original recorded instrument of conveyance or a duly certified
• copy thereof or a certified copy of the will of any deceased owner and of the probate thereof, or certified copy of the p.aceedings showing appointment of
an administrator for the estate of any deceased owner, whichever is appropriate, together with all original recorded instruments of conveyance or duly certi-
fied copies thereof necessary In showing a complete chain of title back to lessor to the full interest claimed, and all advance payments of rentals made here-
under before receipt of said documents shall be binding on any direct or indirect assignee, grantee. Covisee, administrator, executor, or heir of lessor,
10. It is hereby agreed that in the event this lease shall be assigned as to a part or as to parts of the above described land and the holder or owner
art nt ue dof any such efeat or affectrt or this parts shall lease Insofar as itefault coversla the part of said land t of h u proportionate pon which the lessee fora any°assignee from
hereof shall or them. such make due payment t shall f sa dtrentals< to
• 11. Lessor hereby warrants and agrees to defend the title to the land herein described and agrees that the lessee, at Its option, may pay and discharge in
whole or in part any taxes, mortgages, or other liens existing. levied. or assessed on or against the above described lands and, in event It exercises such option.
It Mall be subrogated to the rights of any holder or holders thereof and may reimburse itself by applying to the discharge of any such mortgage, tax or other
lien, any royalty or rentals accruing hereunder.
12 Notwithstanding anything in this lease contained to the contrary, it Is es pressly agreed that if lessee shall commence operations for drilling at any
time while this lease is In force. this lease shall remain in force and its terms shall continue so long as such operations are prosecuted and, it production
results therefrom. then as long as production continues.
Tf within the primary term of this lease, production on the leased premises shall cease from any cause. this lease shall not terminate provided ope-
rations for the drIllmg of a well shall be commenced before or on the next ensuing rental paying date: err, provided lessee begins or :rci:mes the aim-flu of
rene sea kis thz manner and anoint i-crcir," '--a a',o,laM, if, after the expiration of the primary term of this lease, production on the teased premises snail
pease from any cause, this lease shall not terminate provided lessee resumes operations for re-working or drilling a well within sixty u 60 i days from such
cessation and this lease shall remain In force during the prosecution of such operations and, if production .results therefrom. then as long as production
continues.
II, Lessee Is hereby expressly granted the right and privilege 'which Lessee mey exercise at any time either before or after production has been
obtained upon this premises or any premises consolidated herewith, to consolidate the gas leasehold estate created by the execution and delivery of this lease.
or any part or parts thereof, with any other gas leasehold estate or estates to form one or more gas operating units of not to exceed approximately 610 acres
each. If such operating unit or units Is so created by Lessee. Lessor agrees to accept and shall receive out of the gas production from each such unit such
Penton of the gas royalty as the number of acres nut of this lease placed in such unit bears to.the total number of acres included in such unit. The com-
mencement or completion of a well. or the continued operation or production of gas from an existing well, on any portion of an operating unit shall be
construed and considered as the commencement or completion of a well, or the continued operation of..or production of gas from a well on each of
and
ail
of the lands within and comprising such operating unit: provided. that the provisions of this paragraph shall not affect the payment or non-payment% delay rentals with respect to portions of this premises not included Ina unit, but this lease as to such portions of this premises not Included in a unit.
than be deemed to be a separate lease. In the event portions of the above described lands are included In several units. each portion so included shall
constitute a separate Irate end the particular owner or owners of the lands under each separate lease shall be solely entitied to the benefits of and be
subject to the obligations of lessor under each sepera!e lease Lessee shall execute in writing and record In the conveyance records of the county in which
the land herein leased it situated an Instrument Identifying and describing the consolidated acreage.
14. This lease and ell its terms, conditions and stipulations shall extend to, and be binding on each of the parties who slims this lease, regardless of
whether such lessor is named above and regardless of whether It is signed by any of the ether pa etles herein named an leasers This lease may be surd
in counterparts. each to nave the sense effect as the original.
IN WITNESS WHEREOF, we sign the day and year first above written. •
Witness: -
•
----t-a— — sa.— 171 Q
VJess Koenig /• _
•
Oriflta G. Koenig / 940691
tlli O1`_ -• ( (lJ f))�t1)7-) I. INOI\ IfAud ,o) �ti' 1 1'„i,\,i.\ I ,iv'u :.� :_
"'COUNTY OFDi.NV E); _.. __-___—_._..1 ss Wyoming, Utah,K:.. as No tilt Dakota, Crud[ Dakota, Montana, a —•
.
On May 6 , 19 70 , before me personally appeared Jess Koenig and _
``,,,,.rpha G. Koenig, husband and wife,
to tie known to-fretfte'per3'on(s) described in and whose name(s)Xs (are) subscribed and.who executed die foregoing instrument
:pprt)Lacknowledc,ed to ye that ({CeWt.e.) (they)duly executed the same as:b?OC('fXN (their) free and voluntary act and deed, includin;
[lie:telease ¢nd kaiver of the right of homestead, the said wife Qw34WYyhaving been by one fully apprised of IiedD )at)(rihht(X)alit)
c f&ct.of signing`` addgacknowledging the said instrument. Given under my hand and seal die day and year last above written.
Aly.-Comrtjsj5 ``i�n`l\((x'plr: August-3/--197O
-•,O Notary Public
,N- CDC' - Residing at:
•
STATE OF INDIVIDUAL(S) ACKNOWLEDGEMENT (Colorado, Nebraska.
s
COUNTY OF - Wyoming, Utah,Kansas,North Dakota, South Dakota, Montana,
On , 19 , betore me personally appeared
to me known to be the person(s) described in and whose narnelsl is late) subscribed and Nebo executed the foregoing ins:runce: -
and acknowledged to me that he (she) (they)duly executed the same as his (her)(their) free and voluntary act and deed, includin:
the release and waiver of the right of homestead, the said wife (wives) leaving been by me fully apprised of her(their) tight(s) and
effect of signing and acknowledging die said instru:ent. Given under my band and seal die day and year last above written.
My Commission Expires: .
• Notary Public •
Residing at:
STATE OF —_ I INDl1'IDt-:tl.tS1 ACKNOWLEDGEMENT (Colorado, Nebraska.
•,ss Wyoming, tDakota, ..
COUNTY OF W i
5 8. Utah,Kansas,North Dakota, South .1 lo n[ar...
On . 19 - , before me personally appeared
•
• to me known to be the person(s) described in and whose nun.).-)s) is (are) subsc-ibed and who executed die foregoing instrument
and acknowledged to me that he (she) (they) duly executed the same as his (her)(their) free and voluntary act and deed, including
the release and waiver of the right of homestead, the said wife (wives) having been by me fully apprised of her(their) tight(s) and
effect of signing and acknowledging the said instrument. Given under my hand and seal die day and year last above written.
• My Commission Expires: •
C.• •
Notary Pubiie . 1
Residing at:
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w STATE OF CORPORATE ACKNOWLEDGEMENT (Colorado, Nebraska,
.4f 5a. Wyoming, Utah,Kansas,North Dakota, South Dakota,Montana,
COUNTY OF
•
On • , 19 -• , before me personally came the above named '
(who being by me duly sworn, did say that he is the
President of •
a corporation, and that the seal affixed to said instrument is the corporate seal of said corporation) who is personally known to me
to be the identical person and officer whose name is affixed to the above instrument as President of said corporation,
1 and acknowledged the instrument to be his free and voluntary act and deed and the free and voluntary act and deed of said cor-
1 poration; that said corporation executed said instrument and that said instrument was executed, signed and sealed on behalf of
said corporation by authority of its Board of Directors or by authority of its By-Laws.
t,
My Commission Expires: •
t Not-try Public
Residing at: •
(- 240691
13 ---- BOOK - OCT 2 5 1973 ���
t. 702 Recorded at l u o'clock M. Jl
J it. /1 JF� 1623603 6V23603 ANN SPOMER INui_xce
Reception No Recorder.
a—/
ASSIGNMENT OF OIL AND GAS LEASE
p
q Mid-Continent Association Form
pi With Overriding Royalty Reservation
p
KNOW ALL MEN BY THESE PRESENTS:
C-•• That the undersigned, Jess Koenig, Deceased Estate of and Orpha G. Koenig
C)
C-1 hereinafter called Assignor (whether one or more), for and in consideration of One Dollar ($1.00) the receipt whereof is hereby
(\2
•„) acknowledged,does hereby sell,assign,transfer and set over unto
❑\I
, i
(hereinafter called Assignee), Weld County, Colorado interest, subject to the overriding royalty
r= reservation hereinafter set out, in and to the oil and gas lease dated May...-6 , 19.70...., from
`f Jess Koenig and Orpha G. Koenig, husband and wife, 703 McKinley Avenue, Fort
Lupton, Colorado 80621 ,
r ri
LfN.
U , lessor
c.' to Energy Mineral Corporation , lessee
recorded XQQ(%KXR# 1548.8.54 ,page insofar as said lease covers the following described land in
Weld County, State of Col orcto
All of their interest in Township 2 North, Range 67 W, Section 13
including Lot 7 and that part of Lot 8 lying east of the South
Platte River; and in Township 2 North, Range 66 W, Section 18)
including that part of Lots 5 & 7 lying west and south of the
South Platte River) in the SWa Section 18;
•
•
i2 a)
of SectionR...1.3..A..1.8_ Township 2N Range 6.6...W and containing 86 acres,more or less
together with the rights incident thereto and the personal property thereon, appurtenant thereto, or used or obtained in connec-
tion therewith.
The Assignor herein hereby expressly excepts, reserves and retains title to an undivided
of all oil, gas and casinghead gas produced,saved and marketed from the above described land
under the provisions of the aforesaid lease, or any extension or renewal thereof, as an overriding royalty, free and clear of any
cost and expense of the development and operation thereof, excepting taxes applicable to said interest and the,production
therefrom. -
And for the same consideration the Assignor covenants with the Assignee, its or his heirs, successors or assigns: That
the Assignor is the lawful owner of and has good title to the interest above assigned in and to said lease, estate, rights and
property, free and clear from all liens, encumbrances or adverse claims: That said lease is a valid and subsisting lease on the
land above described, and all rentals and royalties due thereunder have been paid and all conditions necessary to keep the same
in full force have been duly performed, and that the Assignor will warrant and forever defend the same against all persons
whomsoever, lawfully claiming or to claim the same.
/EXECUTED, This 1 2th day of 0.C.1 0.5.e is 7.3
11..11# g 1;-, /l . f 2 e:/' �� z r .l. E�i�Z
u (....r_t_, s( ii4 7.. xr ,.a>i,r ...
STATE OF COLORADO, l
}as.
County of Weld JJJ
C) r_To5e/tr.
The foregoing instrument was acknowledged before me this /(O (77 day of ms, , 19 �3 ,
by Joseph F. Koenig, Executor of the Estate . of Jess Koenig, Deceased .
0
C
WITNESS rp-ylafid and official seal.
J it .
\4;......... +
M 1 (7.,/ 2, /r> 77 940691
y.enmion;bK7ir�r�-���
Basin Exploration, In
370 17th Street.Suite 1800
Denver,CO 80202 n■
Office 303/685-8000 BII I�■
Fax 303/685-8010 ,
August 5, 1994
Weld County
c/o Board of County Commissioners
P. O. Box 758
Greeley, Colorado 80632
RE: Jess and Orpha Koenig
Lease No. 10426
CLC Gas Unit #1, #2
Weld Co. , Colorado
Gentlemen:
I have enclosed two additional original Amendments to Oil and Gas Lease which
have been corrected to reflect the correct date and recording information for the
referenced lease. I previously sent this to you on June 30, 1994. In this
regard, it was returned executed by the Board Chairman on July 27, 1994, and
acknowledged on July 25, 1994. I am sorry for the error and enclose additional
copies for your review and execution.
The purpose of the attached instrument is to eliminate and delete Paragraph 13
of said lease and to substitute and add to said lease a broader form of pooling
clause.
Please fill in the date on the front page which should be date of notarization
and execution, initial same, have the Chairman execute in the space provided as
well as have instrument notarized and return one completely executed copy to me
in the enclosed self-addressed and stamped envelope. We will provide you with
a recorded copy for your file.
Thank you for your assistance and if you have questions, please feel free to
write or call.
Sincerely,
olores Harris
Contract Landman
/dh
Enclosures
940691
i\
mEmoRAnDum
To DOLORES HARRIS, BASIN EXPLORATI&aN 08/01/94
COLORADO From WELD COUNTY CLERK TO THE BOARD OF COMMISSIONERS
AMENDMENT TO OIL AND GAS LEASE - T2,R66W,SECTION 18 (ENCLOSED)
Subject:
PLEASE NOTE AND APPROPRIATELY INITIAL AND EXECUTE ATTACHED AMENDMENT TO OIL AND
GAS LEASE. PLEASE RETURN FULLY EXECUTED DOCUMENT TO OUR OFFICE FOR RECORDING.
THE ORIGINAL DOCUMENT WILL BE RETURNED TO YOUR OFFICE AFTER RECORDING.
THANKS!
LIN DODGE, D41:7/171-i*
940691
Basin Exploration, In
370 17th Street,Suite 1800
Denver,CO 80202 _LV C
Office 303/685-8000 td, BII I�■
Fax 303/685-8010 i y;.", 12 All 9: 29 YR
June 30, 1994 CLERK ,
TO THE E0t,F,D
Weld County
c/o Board of County Commissioners
P. O. Box 758
Greeley, Colorado 80632
RE: Jess and Orpha Koenig
Lease No. 10426
CLC Gas Unit #1, #2
Weld Co. , Colorado
Gentlemen:
Enclosed for your execution are an original and one (1) copy of an Amendment to
Oil and Gas Lease in which you own an interest. The lease and the lands covered
thereby are captioned above. The purpose of the attached instrument is to
eliminate and delete Paragraph 13 of said lease and to substitute and add to said
lease a broader form of pooling clause.
When completely executed, this instrument will allow Basin to pool your lands in
the SW/4 of Section 18 (25.44 ac), with the adjoining tracts to form a 320 acre
S/2 unit for production of oil, gas and associated liquid hydrocarbons from the
Codell-Niobrara formation. As you may or may not know, this pooling of interest
is necessary because the Colorado Oil and Gas Conservation Commission has
prescribed such units for production from the Codell-Niobrara formation in order
to prevent the drilling of unnecessary and uneconomic wells, which could result
in physical and economic waste.
Basin anticipates recompleting the referenced unit later this year. Also, as a
point of further clarification, the 320-acre "J" sandstone formation well is
considered a gas well while the possibility exists of the 320-acre Codell-
Niobrara formation recompleted well being an oil well.
We ask that you sign the enclosed documents on the line above that of Weld
County, and indicate capacity and authority by including documentation, in order
that we may complete the necessary paperwork. Please have your signatures
notarized in the space provided and return the executed original to us in the
enclosed stamped self-addressed envelope at your earliest convenience. The copy
may be retained for your records.
Thank you for your cooperation in this matter. If I can be of further service
or if you should have any questions, please do not hesitate to contact me at the
phone number listed below my name.
Sincerely,
Dolores Harris •
Contract Landman
(303-685-8000)
/dh
940691
440-1 mEmoRAnDum
WIi To Board of County Commissiorms July 21, 1994
COLORADO From Bruce T. Barker, County Attorney
Amendment to Oil and Gas Lease for Property
subject: Loratad in SPrtinp 18, Township 2 Nnrth, Rangy
66 West of the 6th P.M.
Basin Exploration, Inc. , is asking the Board of County
Commissioners to approve an Amendment to the Oil and Gas Lease
which the Board has for property located in Section 18, Township 2
North, Range 66 West of the 6th P.M. , Weld County, Colorado. This
lease was originally executed by Jess and Orpha G. Koenig on June
11, 1970. It was assigned to Weld County on October 12, 1973 .
The amendment to the Lease is in paragraph 13 . That section deals
with pooling of oil and gas interests. The original Lease dealt
with mining of only gas in the J-Sand formation. The amendment
will allow Basin to pool the County' s interests with other
leasehold interests in the Codell-Niobrara formation. The letter
from Delores Harris of Basin Exploration, Inc. , which accompanies
the Amendment explains Basin' s intent.
I see no reason to object to the change in the language for
paragraph 13 . I talked to Ms. Harris on Wednesday, July 20, 1994
about this proposed change. She told me that because the lease is
in the south half of the section, the royalty interest will stay
the same because there will be no change in the spacing. There
will be two benefits from this change. First, the company will now
be able to "recomplete" the J-Sand well and include it with the
Codell-Niobrara, thereby allowing for production from a formation
which has not been active recently. Second, the change will allow
for production of oil which was not previously included in the
original lease.
I therefore recommend the Board' s approval of the Amendment and the
authorization for the Chairman to sign the same.
Bruce . Bark r
Weld County Attorney
BTB/gb:brdbasin
pc: Clerk to the Board
940691
Hello