HomeMy WebLinkAbout920073.tiff RESOLUTION
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RE: APPROVE POOLING AGREEMENT BETWEEN WELD COUNTY, COLORADO, GERRITY OIL AND
GAS CORPORATION, AND RICHARD W. LEHFELDT AND BONNIE L. LEHFELDT, TRUSTEES
OF THE RICHARD AND BONNIE LEHFELDT FAMILY 1985 REVOCABLE TRUST AND
AUTHORIZE CHAIRMAN TO SIGN
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WHEREAS, the Board of County Commissioners of Weld County, Colorado,
OU 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
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o a WHEREAS, Weld County, Colorado, Gerrity Oil and Gas Corporation, and
is9 Richard W. Lehfeldt and Bonnie L. Lehfeldt, Trustees of the Richard and Bonnie
• Lehfeldt Family 1985 Revocable Trust are the owners of the royalty interest in
the leases on property located in the Slit Section 27, Township 4 North, Range 64
o • West of the 6th P.M. , Weld County, Colorado, and
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r x WHEREAS, the Board has peen presented with a Pooling Agreement between Weld
• County, Colorado, Gerrity Oil and Gas Corporation, and Richard W. Lehfeldt and
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O1 V Bonnie L. Lehfeldt, Trustees of the Richard and Bonnie Lehfeldt Family 1985
Revocable Trust, and
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0 m 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
,n w reference, and
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N 4 WHEREAS, after study and review, the Board deems it advisable to approve
0 said agreement.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
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N M County, Colorado, that the Pooling Agreement between Weld County, Colorado,
o Gerrity Oil and Gas Corporation, and Richard W. Lehfeldt and Bonnie L. Lehfeldt,
q w Trustees of the Richard and Bonnie Lehfeldt Family 1985 Revocable 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.
920073
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RE: POOLING AGREEMENT - GERRITY & LEHFELDT
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The above and foregoing Resolution was, on motion duly made and seconded,
O adopted by the following vote on the 29th day of January, A.D. , 1992.
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BOARD OF COUNTY COMMISSIONERS
0 W ATTEST: uj� WELD CO TY, COLORADO
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tel- W Weld County Clerk to t Board
eo e Ken dy, Chairman
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a a Deputy, redk'to- the oa Constance L. Harbe t, ro-Tem
APPRO ,' +Si TO FORM;":
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920073
POOLING AGREEMENT
o THIS AGREEMENT is made and entered into thisal day of January, 1992 by and
02)o ° between the parties subscribing, ratifying and consenting hereto, said parties hereinafter referred
rn o to as "parties hereto."
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o WHEREAS, the parties hereto own working, royalty or overriding royalty interests under
o ij the Oil and Gas Leases and lands set out and described on the attached Exhibit "A", hereinafter
o x referred to as "pooled area"; and,
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WHEREAS, the parties hereto desire to pool and combine their respective interests in
the pooled area for the purpose of developing and producing oil, gas. casinghead gas and
associated hydrocarbons, hereinafter referred to as "pooled substances," promoting conservation,
providing for the most economic development of the pooled substances underlying the pooled
• area, and amending the Oil and Gas Leases subject to this Agreement for the purpose of
• development and production of the pooled substances under the terms and provisions of the Oil
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rn ci and Gas Leases subject to this Agreement, and in accordance with the terms and provisions of
z this Pooling Agreement.
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Ca NOW, THEREFORE, in consideration of the premises and the mutual advantages
accruing to the parties hereto it is mutually covenanted and agreed by and between the parties
w hereto as follows:
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a The lands and leases set out and described in Exhibit "A" hereto shall be and the same
w are hereby pooled, unitized and combined into a single unit for the purpose of developing,
operating, storing, marketing and producing the pooled substances from the pooled area, to-wit:
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H o Township 4 North. Range 64 West. 6th P.M.
Section 27: SW Vs
Weld County, Colorado
Containing 160.00 acres, more or less
and this Agreement shall extend to and include only the formations from the surface of the land
down to the base of the Codell Formation and the pooled substances producible from such
formations.
H.
The pooled area shall be developed and operated as an entirety as though the pooled area
were covered by a single Oil and Gas Lease executed by all persons owning an interest therein.
There shall be no obligation on the Lessee to offset any well or wells completed in the
formations covered by this Agreement on separate component tracts in which the pooled area
is now or may be hereafter divided, nor shall any Lessee be required to separately measure
pooled substances because of the diverse ownership thereof.
III.
The commencement, completion, shutting-in, continued operation or production of a well
or wells for pooled substances on the pooled area shall be construed and considered as the
commencement, completion, shutting-in, continued operation or production on each of all the
lands within and comprising said pooled area, and operations or production as to each lease
committed hereto. Nothing herein contained shall be construed as creating an obligation to
conduct any operations on the pooled area.
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9.)Oo73
IV.
The pooled area shall be developed and operated as an entirety, with the understanding
and agreement between the parties hereto that all pooled substances produced shall be allocated
among the various leaseholds comprising the pooled area in the proportion that the net acreage
of each leasehold bears to the entire pooled area. Royalty, overriding royalty, and other similar
o v burdens now existing or which may be hereafter created shall be payable by allocating such
\ production to the separately leased tracts in the same manner and extent as mentioned above.
o Any rental payment due pursuant to the leases committed to this pooled area shall be paid in
accordance with the terms of the affected lease.
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V.
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zThis Agreement shall be effective as of the date of this Agreement and shall remain in
full force and effect so long thereafter as the pooled substances are produced or producible from
o z the pooled area, or in the event no production occurs on the pooled area, this Agreement shall
terminate one (1) year from execution. Any drilling, re-working or similar operations that are
d a being conducted with reasonable diligence during the period of non-production pursuant to the
a terms and conditions of the Oil and Gas Leases subject to this Agreement shall also continue this
N a Agreement in full force and effect. Upon termination of this Agreement, the rights of the parties
hereto under the Oil and Gas Leases described on Exhibit "A" shall be and remain the same as
H though this Agreement had not been executed. This Agreement may be terminated at any time
N H by the then working interest owners of the Oil and Gas Leases filing such termination notice of
o a record.
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w VI.
NZ The Agreement and all operations contemplated hereby shall be subject to any and all
o applicable laws, rules, orders and regulations pertaining to the drilling, development and
co a operation of the Oil and Gas Leases affected hereby. No party hereto shall suffer a forfeiture
a or be liable in damages for failure to comply with any of the provisions of this Agreement if
N such compliance is prevented by, or if such failure results from, compliance with any such laws,
Cvl 00 o orders, rules, or regulations. In the event that the Lessee is unable to comply with any of the
provisions of this Agreement, or any of the provisions of the leases described in Exhibit "A"
hereto, by reason of the foregoing, then the terms of such leases and the time of performance
thereunder shall be extended during the period of such rule, order, regulation or law and for a
period of ninety (90) days thereafter.
VII.
The covenants herein shall be construed to be covenants running with the land with
respect to the pooled 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.
VIII.
Each party hereto agrees that the Oil and Gas Leases referred to in Exhibit "A" hereto
are hereby adopted, ratified, and confirmed in all respects, and each of the undersigned does
hereby grant, lease and let the lands described in said leases unto the present owner or owners
of each such lease, upon the terms and conditions and subject to the provisions of said leases,
which said leases, as modified hereby are by this reference made a part hereof with the same
force and effect as if the undersigned had each executed the same as lessors, insofar as the title
and ownership of each of the undersigned permits.
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IX.
This Agreement may be executed in any number of counterparts, no one of which needs
to be executed by all parties hereto, or may be ratified or consented to be separate instrument
in writing specifically referring hereto and shall be binding upon all parties who have executed
00 o such a counterpart, ratification or consent hereto, notwithstanding the fact that the same may not
o u be executed by all parties designated herein.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
a first above written.
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6 Q WORKING INTERESTS
v GERRITY OIL & GAS CORPORATION
o a ATTEST:
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By: By: DI e.rt f.� .'4-- Z .
rn U D as S. Wa aman ' t.6 Diana K. Ten Eyck
z Senior Vice President C Chief Operating Officer
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Chief Financial Officer
No 4100 E. Mississippi, Suite 1200
Denver, Colorado 80222
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N trt ROYALTY INTERESTS
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RICHARD W. LEHFELDT AND
N BONNIE L. LEHFELDT, TRUSTEES OF
o THE RICHARD AND BONNIE
as w WITNESS: LEHFELDT FAMILY 1985
REVOCABLE TRUST
By:
Richard W. Lehfeldt
By:
Bonnie L. Lehfeldt
1159 Almond Avenue
Redding, California 96001
WELD COUNTY, COLORADO, BY
ATTEST: BOARD OF COUNTY
COMMISSIONERS
�Byivelf
P{By:iii441/1
p//a9/9,9. Weld Cou y Centennial Center V
915 10th Street
Greeley, Colorado 80631
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920073
ACKNOWLEDGMENT FOR INDIVIDUAL
STATE OF )
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COUNTY OF
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Before me, a Notary Public in and for said County and State, this day of
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, 1992, personally appeared , known to me
o to be the identical person who executed the foregoing document for the uses and purposes
0 w therein set forth.
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Notary Public
aMy Commission Expires:
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ACKNOWLEDGMENT FOR GORPOtettION
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>4 COUNTY OF [.,u E )
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Before me, a Notary Public in and for said County and State, ttDis day of
tf) -U , 1992, ersonally appeared (epeGE t<FA )&)&t , known
MC0 to be the of of O/NMISSMIL) ,
w w and executed the foregoing document on behalf of said corporation for the uses and purposes
therein set forth.
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Notary Public
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My COmmission Expires:
c:\roper\daves\pooling2.agr
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920073
EXHIBIT "A"
Attached to and made a part of that certain Pooling Agreement dated January , 1992,
covering the interest in and to the following oil, gas and mineral leases under the Lehfeldt C 27-
11, 27-12, 27-13 and 27-14 Wells, insofar as said Leases cover the following described lands.
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o Lease No.: 029-001
N o Well Name: Lehfeldt C 27-11, 12, 13, 14
Lessor: Richard W. Lehfeldt and Bonnie L. Lehfeldt, husband and wife
a Lessee: Aeon Energy Co.
o Date: August 4, 1982
o x Recording: Book 977, Reception No. 1903708
o Description: Township 4 North. Range 64 West. 6th P.M.
o Section 27: SW/4
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" "' Lease No.: 029-002
Well Name: Lehfeldt C 27-11, 12, 13, 14
N a Lessor: Robert M. Gilbert and Frances D. Gilbert, husband and wife
U Lessee: William M. Shettron
z Date: March 16, 1987
H Recording: Book 1152, Reception No. 2094965
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c' a Description: Township 4 North, Range 64 West, 6th P.M.
Section 27: SW'A
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o Lease No.: 029-003
U a Well Name: Lehfeldt C 27-11, 12, 13, 14
Lessor: Frances E. Stevens and Donald P. Stevens, wife and husband
in in Lessee: William M. Shettron
(-4 oo Date: March 16, 1987
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Recording: Book 1152, Reception No. 2094967
w Description: Township 4 North, Range 64 West. 6th P.M.
Section 27: SW'A
Lease No.: 029-004
Well Name: Lehfeldt C 27-11, 12, 13, 14
Lessor: Marian V. Cross, a widow
Lessee: William M. Shettron
Date: March 16, 1987
Recording: Book 1152, Reception No. 2094969
Description: Township 4 North, Range 64 West. 6th P.M.
Section 27: SW 14
Lease No.: 029-005
Well Name: Lehfeldt C 27-11, 12, 13, 14
Lessor: Rachel B. Gilbert, aka Rachel Branson Gilbert, individually and as Personal
Representative of the Estate of Carson Carroll Gilbert
Lessee: William M. Shettron
Date: March 16, 1987
Recording: Book 1152, Reception No. 2094971
Description: Township 4 North. Range 64 West, 6th P.M.
Section 27: SW'A
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Lease No.: 029-006
Well Name: Lehfeldt C 27-11, 12, 13, 14
Lessor: Virginia C. Saale, a widow
o o Lessee: William M. Shettron
o Date: March 16, 1987
co a Recording: Book 1152, Reception No. 2094973
v Description: Township 4 North. Range 64 West. 6th P.M.
fr.'
Section 27: SW'/a
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"i Lease No.: 029-007
o Well Name: Lehfeldt C 27-11, 12, 13, 14
aLessor: William W. Gilbert and Margaret L. Gilbert, husband and wife
Lessee: William M. Shettron
Date: March 16, 1987
Recording: Book 1152, Reception No. 2094975
N a Description: Township 4 North. Range 64 West. 6th P.M.
m u Section 27: SW'A
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uFi Lease No.: 250-000
T1 Well Name: Lehfeldt C 27-11, 12, 13, 14
M Lessor: Weld County, Colorado, Board of County Commissioners
Lessee: Gerrity Oil & Gas Corporation
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N Z Date: March 20, 1991
C( I) ICI Recording: Book 1294, Reception No. 2245343
w a Description: Township 4 North Range 64 West 6th P M
Section 27: SW'/
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c:\weer\davea\pooling2.agr
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920073
GERRIT Y C,• __ ,
OIL & G A S ,•• n.' . 44,
CORPORATION i - •
1
January 24, 1992
All Interest Owners
Re: Pooling Agreement
Lehfeldt C 27-11, 27-12, 27-13 & 27-14 Wells
Township 4 North, Range 64 West. 6th P.M.
Section 27: SW'/a
Weld County, Colorado
Ladies and Gentlemen:
Please be advised that Gerrity Oil & Gas Corporation commenced drilling operations on the
captioned lands on January 13, 1992 with a well in the SW1/4SW'/4. Our plans are to drill a well
in each quarter-quarter section within the next month for a total of four wells in the SW'A.
In an effort to economically produce these wells, we are requesting that the lands in the SW'A
be pooled. The attached Pooling Agreement, when executed, will pool all of the interests in the
SW'A, allowing for distribution of revenue on a uniform basis for all four wells, plus allowing
for the installation of only one tank battery for the production from these wells.
We ask that you execute the Pooling Agreement where indicated, have your signature notarized
in the appropriate acknowledgment, and return the duplicate set of signature pages to us in the
envelope provided. Once all signature pages are received we will record the entire agreement
in the records of Weld County. Please retain the Pooling Agreement enclosed for your files.
Your earliest attention to this request will be appreciated.
Sincerely,
Betty A. of
Landman
BAB:kks
c:\weer\bettyb\pooling.ltr
enc.
4100 East Mississippi Avenue
Suite 1200
Denver,Colorado 80222
920073
Fax 303 757.1 197
Telephone 303 757.1110
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