The URL can be used to link to this page

Browse Search

Home My WebLink About950089.tiffRESOLUTION RE: APPROVE SURFACE USE AGREEMENT WITH GERRITY OIL AND GAS CORPORATION AND AUTHORIZE CHAIRMAN TO SIGN - SE 1/4 SW 1/4 AND SW 1/4 SE 1/4, S30, T5N, R63W 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, the Board has been presented with a Surface Use Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Gerrity Oil and Gas Corporation, 4100 East Mississippi Avenue, Denver, Colorado 80222, with terms and conditions being as stated in said agreement concerning the following described property: SE 1/4 SW 1/4 and SW 1/4 SE 1/4 in Section 30, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado, being more particularly described in the deeds which are attached hereto as Exhibits "A" and "B", being recorded respectively at Book 539, Reception Number 1461340 and Book 539, Reception Number 1461342 in the records of the Weld County Recorder, and containing 5.9299 acres of real estate, more or less WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Surface Use Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Gerrity Oil and Gas Corporation be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said agreement. 950089 PR0012 t7c�: Fitt')Cri7i1y SURFACE USE AGREEMENT - GERRITY OIL AND GAS CORPORATION PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of January, A.D., 1995. BOARD OF COUNTY COMMISSIONERS ATTEST: Weld County Clerk to the Board APPROVPD AS TO FO_ WELD COUNTY, COORA O _I o Dale,K. Hall, Chairman /Barbary. Kirkmey P,ro-TePii 'George E. Baxter I �,-; ,T. .,•. fiz,X Constance L. Harbert �'t Ay rn`ey s - -�.�� .,� 1�,ti?FYI (,L W. H. Webster 950089 PR001o2 AK243©7]2 Att24292L4 O .c? C4 O SURFACE USE AGREEMENT THIS SURFACE USE AGREEMENT is made and entered into this eth day of January, 1995,by and between the County of Weld, State of Colorado, by and through the Board of County Commissioners of the County of Weld, whose address is 915 Tenth Street, Greeley, Colorado 80631, hereinafter referred to as "County," and Gerrity Oil and Gas Corporation, a Delaware corporation, whose address is 4100 E. Mississippi, Suite 1200, Denver, Colorado 80222, hereinafter referred to as "Gerrity." WITNESSETH: WHEREAS, County owns property located in the Southeast Quarter of the Southwest Quarter and in the Southwest Quarter of the Southeast Quarter in Section 30, Township 5 North, o Range 63 West of the 6th P.M., Weld County, Colorado, being more particularly described in the deeds which are attached hereto as Exhibits "A" and "B", being recorded respectively at Book 539, Reception Number 1461340 and Book 539, Reception Number 1461342,(hereinafter collectively known as "Property"), and N <t V WHEREAS, said Property contains 5.9299 acres of real estate, and O ch WHEREAS, Gerrity wishes to place a tank battery, flow line, and access road upon said Property to be used as a production facility for the Rothe BB 30-10 and 30-15 Wells located in the SW4/SE4 and in the SE4/SW4 of Section 30-5-63, as shown on the sketch which is attached hereto o as Exhibit "C" (hereinafter known as "Production Facility"), and 0“..) 00 aWHEREAS, County owns minerals underlying said property and has leased said minerals to Gerrity for oil and gas exploration and production thereof by separate agreements, and coo WHEREAS, Gerrity now desires to pay County the sum of $1,500 for the damages y associated with the installation and maintenance of the tank battery, flow line, and production road on said Property, and OO n N WHEREAS, County believes that it is in the best interest of citizens of Weld County to accept said proposal in accordance with the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the payment of $1,500 from Gerrity to County, in hand paid, the receipt and sufficiency whereof are hereby acknowledged, and in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: Page 1 of 4 2429214 B-1482 P-886 03/07/95 04:31P PO 1 OF 4 Weld County CO Clerk & Recorder REC DOC 0.00 Sib -0989 1. USE OF PROPERTY FOR PRODUCTION FACILITY: County agrees to the placement of the Production Facility, consisting of a tank battery, flow line, and production road, upon Property for the purpose of providing production support to the Rothe BB 30-10 and 30-15 Wells located in the SW4/SE4 and in the SE4/SW4 of Section 30, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. The Production Facility shall remain in place until such time as said wells are shut in in accordance with the rules and regulations as promulgated by the Colorado Oil and Gas Conservation Commission (hereinafter referred to as the "Colorado OGCC"). N 414 0 0 N B-1483 P-989 03/20/95 01:42P PG N 0 c N N 2. COMPLIANCE WITH STATE AND LOCAL RULES AND REGULATIONS: Gerrity agrees and acknowledges that it will comply with all,1ru es and regulations pertaining to the installation and maintenance of said Production Facility, including those promulgated by Weld County, the State of Colorado Department of Health, and the Colorado OGCC. County acknowledges that consultation and notification requirements as required by the Colorado OGCC rules and regulations have been complied with by Gerrity relative to the placement of said Production Facility upon Property. 3. WEED CONTROL AND MAINTENANCE OF ACCESS ROAD: Gerrity agrees to control weeds on the Property during the time it uses and maintains the property for said Production Facility. Weed control shall consist of either the use of pre -emergent weed killer or the reseeding of Property with a grass or other crop which will have the effect of eliminating weeds. 4. INDEMNIFICATION AND HOLD HARMLESS: Gerrity hereby agrees to indemnify and hold harmless County, its officers, and employees from all claims, damages, or costs arising from Gerrity's negligent or unreasonable use of Property which is not due to any act or omission of County, its officers, or employees. 5. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or Page 2 of 4 2429214 B-1482 P-886 03/07/95 04:31P PG 2 OF 4 ? 0999 benefits under this Agreement shall be an incidental beneficiary only. 6. SEVERABILITY: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such provision to the extent that this Agreement is then capable of execution within the original intent of the parties hereto. 7. MODIFICATION AND BREACH: This Agreement contains the entire agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal, or other alteration of or to this Agreement and the attached exhibits shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto or waiver of, a breach by any other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach. AGREED AND ACCEPTED the day and year first written above. ATTEST: LW ,G�Z CLERK TO THE BOARD BY: 51112.& COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD Clerk to the B6%ard Dale K. Hall, Chairm 2430712 B-1483 P-989 03/20/95 01:42P PG 3 OF 7 Page 3 of 4 2429214 B-1482 P-886 03/07/95 04:31P PG 3 OF 4 950009 GERRITY OIL AND GAS CORPORATION BY: O pi Roger Lowe, Landman SUBSCRIBED AND SWORN to before me this ? day of 19 915 WITNESS my hand and official seal. My commission expires: C^;,i' LSSION EXPIRES JANUARY 10, 1999 2430712 B-1483 P-989 03/20/95 01:42P PG 4 OF 7 Page 4 of 4 2429214 B-1482 P-886 03/07/95 04:31P PG 4 OF 4 9!0029 • sea 539 Record.d---- Reception Ha natr .•.1�tia A. APR 161965 :.. {{ tbuyy:Afff j..t. :etttl at14— doom , T Y. AM'J WOMft Recorder. 2430712 B-1483 P-989 03/20/95 01:42P PG ter QUIT CLAIM DEED lithe, Made this syf day of -March y -7 in the year of our Lord one thousand nine hundred and sixty-five between Jacob Ehrlich and Hugh H. Arnold of the County of Weld , and the State of Colorado, of the lint prat, and Weld County, Colorado, a political subdivision of the , State of Colorado, ■e Id , and the State of Colorado, of the of the County of second part: WITNESSETH, That the said part Sesf the first part, and for and In consideration of the sum of other valuable considerations and Ten ($10.00) of the second partDollars, re- ceipt to the said part See of the first part in hand paid by the mod part released, the sold,part, h and whereof is hereby confessed and acknowledged. ha ry'� sell, lease , and conveyed CLAIM and QUIT CLAIMED, and by these presents do C Bry convey right, QUIT interest. of the second part, 1 is/ forever, gb . unto the said asst y iesof the fleet part ha ye In and to the following described realm and demand which the said part of WELD and State of Colorado, to -wit. real estate situate, lying and bbeeinng to the County A tract of land } and i located in the Southeast Quarter (SE}) of the South-we•t Quarter ILTter east Quarter (SE}) , allIn SectionSouthwest 30, Township Snship SNorth. Rangen67n- West of the 6th Principal Meridian itt Weld County ,Colorado, being more particularly described as follows: on 30 anthe Soutl.g tatine t of said he hwest Section 30 r to t beard North190'00'00" Eastconsla with all bearings contained herein relative thereto; Thence North 90'00' 30" East along the South line of said to Section30. 30. 1 676.nt310 feet; Thence South t"“".3'00" East, 30.00 feet Bin- ning; Thence North 61'44'00" last 372.84 feet; Thence North 77'17' 40" last. 56J.4J feet; Thence South 78'38'J0" East. 77.49 feet; Thence South 00'07'00" East, 280.79 feet to ■ point on the South lin of said Section 30; Thence South 90'00'00" West, 967.44 toot to the True P'•tnt of Beginning. To Have and To Hold the same, together with all and singular the appurtenance, and priv- ileges ap{a'nilolag, and all the estate, right, title. Im Seret !hereunto hatsv , inanywisepart of the first t either In litw_e d94.4Yr o the only prone and claim whatsoever, of the the said p keg Y'1Mtii 4thArrer. proper use, benefit and behoof d party of the second pare. 1 is r IN WITNESS WHEREOF, The said partiesof the Ii%t pee reunto set / hand a and seal s the day and year first above written. Signed In the Presence of STATE OF COLORADO.iss. COUNTY ear WELD �.' ctARY iO\• v: r. •.. Ba• er o: i',,Y.Ift" (Seal) .A. ( , t(m.' ) (Seal) The foregoing instrument was acknowledged before me this 5 dayof .Mae.wh Ate/ L , A. D. 1065. byJacob Ehrlich and Hugh H. Arnold Witness my Hand and Offk My Commlafoe Expires /1s AA' C 0 CU EXHIBIT "A" 9".50029 O co 2430712 B-1483 P-989 03/20/95 01:42P PG :ec ri'i bi Fl�p6-?5, 85 ram aaa tat e.cea. 1462951 1—/ APR 16 Recorded set)____ dde k aw S"oMfc p„,.„,,,0 No 1•} > (� Recorder. -A.,, Sao+.., taco-dn. (1i�iB bEEi, Made this 2_ hgy day of yyxyyh- in the year of our Lord one thousand nine hundred sixty -ti bctwa' Fred W. Schauppner of 'd c County of geld e , and the State of Colorado, of the first part, and Weld County, Colorado, a political subdivision of the State of Colorado, of the County of We 10 , and the State of Colorado, of the ascend part; all TN ESSE Hi. That the said party of the first part, and for and in consideration of the turn of other valuaLse consideratlonr, and Ten (610.00) Dollars, to the said part y of the first part In hand paid by the said party of the second part, the re- ceipt whereof is hereby confessed and acknocicdged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does u/LLS5yyJatse, sell, convey and QUIT CLAIM unto the said part y of the second part, l to/lrgep an3'asstgns forever, all the right, title, interest. claim and demand wh,n' said party of the first part ha s in and to the following described real estate situate, lying and being in Iht County of WELD and State of Colorado, to-•rit: A tract of land located in the Southeast Quarter (SE}) of the South- west Quarter (Sal) and in the Southwest Quarter (SW}) of the South- east Quarter (SE t), all in Section 30, Township 5 North, Range 63 Wort of the 6th Principal Meridian in Weld County, Colorado, being more particularly described as follows: Commencing at the southwest corner of said Section 30 and considerini, the South line of said Section 30 to bear North 90'00'00" East and with all other bearings described herein relative thereto; Thence North 90'00'00" East along the South line of said Section 30, 1,676.:1 feet.. Tnence South 00'00'00" East, 30.00 feet; Thence South 90'00' 00" East, 963.44 feet to the True Point of Beginning; Thence North 00'07'00" West, 280.79 feet; Thence South 78'38'30" East, 106.98 feet; Thence South .54'05'10" East, 301.65 feet; Thence South 67'25' 20" East. 215.59 feet; Thence South 90'00'00" West, 517.69 feet to the True Point of Beginning. Rerecorded to correct error in legal description. To Have and To Hold the same, together with all and singular the appurtenances and priv- ileges thereunto bolong,ng or In anywise thereunto appertaining, and all the estate, right, title, in- terrst and claim slut eoever, of the slid part y of the first part, either in 4mpclerpfigibvt,tio the only prgrr use, benefit and behoof of the said party of the second part, 1 to/:. - and assigns forever. n IN WITNESS WHEREOF, The said part y of the f (� ha hereunto set hlahand and seal the day and year first above written. Signed ig.ttlrs Pr of STATE OF COLORADO.t SScOo COUNTY ear Yale EXHIBIT "B" 0e (Sea) • 0... : (Seal)`: et -( •, The foregoing instrument was acknoMSM)ged before:41.1 this Z -S day of Merota by Fred M. Schauppner Witness my Head and Official Seal. My r wJobn Expires /2 • t2 -G , A. D. 1965 , 71.e7t1.kC.ar Notary Public. /0 05 6' 77 a: ca re CO c�tY002.9 RcrME a8Jo. o ue// P avurvES TAi✓h.. BA77EAY S/TE Mr#S5 AcAO S2f/LAT/oiv LAniAL (Ro77iE LANDS Aria eel 70 -is- wen m\ WCIP 52 I320 660 1630 LCC0 2430712 8-1483 P-989 03/20/95 01:42P PG 7 OF 7 EXHIBIT "C" Feec GERRITY OIL & GAS CORPORATION (303)757-1110 PAYEE CHECK. NUMBER Weld County,A Political Subdivision of the State of Colorado 400699 '2: Surface Use Agreement for Battery Site: SE/4 SW/4 Sec. 30-T5N-R63W Roth BB 30-10, 30-15 $1500.00 GERRITY OIL & GAS CORPORATION 4100 E. MISSISSIPPI AVE., SUITE 1200 DENVER, COLORADO 80222 (303)757-1110 PAY One Thousand Five Hundred Dollars and 00/100**************************************************' TO THE ORDER OF Weld County, A Political Subdivision of the State of Colorado P.O. Box 758 Greeley, CO 80632 NationsBank of Texas, N.A. Wichita Falls, Texas 88-130/1119 CHECK NUMBER DATE PAY EXACTLY 400699 11/07/94 $1,500.00****** DRILLING ACCOUNT "AefriA°(4-4 PO 2 789 3O I:11190L302i: L2549L4031ii' tt COLORADO Roger Lowe Gerrity Oil & Gas Corporation 4100 East Mississippi, Suite 1200 Denver, CO 80222 OFFICE OF COUNTY ATTORNEY PHONE (303) 356-4000 EXT. 4391 P.O. BOX 194E GREELEY, COLORADO 80632 February 27, 1995 RE: Surface Use Agreement and Mineral Leases for Property Located in Section 30, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado Dear Mr. Lowe: As per our telephone conversation in January, 1995, the Board of County Commissioners has approved a surface use agreement and two mineral leases with Gerrity Oil & Gas Corporation with properties located in Section 30, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. Copies of the surface use agreement and the mineral leases are enclosed. The Board of County Commissioners is waiting for your signature on these documents. I therefore respectfully request that you contact me as soon as possible at (303) 356-4000, extension 4390, so that we may discuss Gerrity's position relative to the agreement and leases. Yours -truly, t ce T. Barker -1 Weld County Attorney BTB/db:Rlowe Enclosures pc: Clerk to the Board q, rOn'en tat Wilk COLORADO mEmoRAnDum To From Subject: Board of County Commissioners Date January 17, 1995 Bruce T. Barker, County Attorney Surface Use Agreement With Gerrity Oil and Gas Corporation In November, 1994 I received an inquiry from Tom Rutledge of Gerrity Oil and Gas Corporation about properties owned by Weld County and located in the Southeast Quarter of the Southwest Quarter and in the Southwest Quarter of the Southeast Quarter of Section 30, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. These properties were conveyed to Weld County in 1965. It appears that the properties were used as additional roadway for WCR 52 until two or three years later when the roadway was straightened. The two properties consist of 4.1314 acres and 1.7985 acres. Mr. Rutledge explained that Gerrity wishes to place a tank battery, flow line, and access road on the property and to lease the minerals that the County owns. The Surface Use Agreement is on the agenda for approval on January 18, 1995. Gerrity is offering the sum of $1,500 for the use of the property for the placement of the production facility thereon. As you may recall, I spoke with each one of you individually about this request when Mr. Rutledge approached me in November. One of the main concerns was whether the adjacent landowner, Roy Rothe, had any objections to the placement of the production facility on the properties. I called Mr. Rothe, but spoke only with his wife. She informed me that she and Mr. Rothe do not have any objection to the placement of the production facility on the properties. Monfort of Colorado is the owner of the remainder of the property in the Southeast Quarter of the Southwest Quarter of Section 30. Monfort also does not have any objection. In fact, both Monfort and Mr. Rothe desire to have the production facility on the Weld County property so that their properties are not burdened by the same. Originally, Mr. Rutledge had offered the sum of $1,000 for the Surface Use Agreement. I told him that the Board would only approve $1,500. He then increased the amount to that sum. Please note that the Surface Use Agreement includes an indemnification provision for Weld County. I believe that this indemnification is necessary in order to protect the County's interest. I recommend that the Board approve the Surface Use Agreement, accept the $1,500 as compensation, and approve the Chairman's signature on the Agreement. BTB/gb:boccgogc 95CCe9 Hello