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HomeMy WebLinkAbout20171065.tiffBy: Name: Patrick G. McGraw Title: Agent and Attorney -in -Fact Address: P.O. Box 173779, Denver, CO 80217-3779 Comcrik , l t1Ltict' VOLUNTARY POOLING AGREEMENT This Voluntary Pooling Agreement ("Agreement") is entered into on 25tii day of SS n 2017, by and between County of Weld, a body corporate and politic of State of Colorado, with an address of 1150 "O" Street, Greeley, Colorado 80631, who is the Lessor or the present successor in interest to the original Lessor(s) ("Lessor"), in the Oil and Gas Lease described on Exhibit "A", attached hereto and made a part hereof (the "Lease"), and Kerr-McGee Oil & Gas Onshore LP ("ICMG"), with an address of 1099 18th Street, Suite 1800, Denver, Colorado, 80202-1918, who is the proposed Operator of the Wells to be pooled herein, RECITALS WHEREAS, pursuant to Commission Rule 318A.a.(4)D., the Colorado Oil and Gas Conservation Commission has authorized Spacing Units comprised of the following Lands: Township 2 North, Range 65 West, 6th P.M. Section 1: SE/4SE/4 Section 12: E/2E/2 Section 13: E/2E/2 Township 2 North, Range 64 West, 6th P.M. Section 6: SW/4SW/4 Section 7: W/2W/2 Section 18: W/2W/2 Weld County, Colorado containing 720 acres, more or less, for the Swartz 26C-12HZ Well (the "Well"), with a surface location in the SE/4SE/4 of Section 13, Township 2 North, Range 65 West, 6th P.M.; WHEREAS, some or all of the lands subject to the Lease are included within the Spacing Units (the "Spacing Units Lease Lands"); and WHEREAS, the Lease does not contain an adequate provision to pool all or a portion of Lessor's mineral interests into the pooled unit for the Well(s), and KMG and Lessor desire to pool the Spacing Units Lease Lands into the Spacing Units for the purposes of participating in development and production of the Well. AGREEMENT NOW, THEREFORE, in consideration of the mutual benefits to Lessor and KMG and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and KMG agree as follows: 1. Lessor consents to the pooling of Lessor's mineral interests in the Spacing Units Lease Lands into the Spacing Units for the drilling and production of the Well. 2. Lessor's share of production from the Well for purposes of royalty payments shall be equal to the proportion the net mineral acres in the producing formation of the Spacing Units Lease Lands bears to the total number of net mineral acres in the Spacing Units. 3. The drilling of and production from the Well shall be deemed for all purposes to be conducted on the lands covered by the Lease. 4. This Agreement shall be deemed effective as the date of first production from the Well. 5. This Agreement shall be binding on KMG and Lessor and each of their respective successors and assigns. KERR-MCGEE OIL & GAS ONSHORE LP COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO fi Name: Julie A. Cozad � APR 7 201 Title: Chair, Board of Weld County Commissioners y-17-11 ,fit /7-1/7 LEM-21p 2017-1065 (1) Swartz 26C-12HZ, Reception #1543722 ACKNOWLEDGMENTS STATE OF COLORADO ) ss. CITY AND COUNTY OF DENVER The foregoing Voluntary Pooling Agreement was acknowledged before me onZ V day of, . nve , 2017, by Patrick G. McGraw, as Agent and Attorney -in -Fact of Kerr-McGee Oil & Gas Onshore LP, a Delaw1TE Limited Partnership, on behalf of the limited partnership. WITNESS my hand and official seal. CELESTE C CARDOSO NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134060883 MY COMMISSION EXPIRES 1110712017 STATE OF COLORADO ) ss. COUNTY OF WELD Celeste C. C..::so, Notary Public ission Expires: 11/7/2017 Address: P.O. Box 173779, Denver, CO 80217-3779 The foregoing Voluntary Pooling Agreement was acknowledged before me this 17th day of April ,2017, by Julie A. Cozad as Chair County of Weld, a body corporate and politic of the State of Colorado. WITNESS my hand and official seal. CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2018 Notary Pub Ch yliLynn H My Comm' sion Ex ires: 12/ 1 for 2 Swartz 26C-12HZ, Reception #1543722 LEASE(S): EXHIBIT "A" /Attached to and made a part of that certain Voluntary Pooling Agreement dated o& day of 2017, by and between Animal Critical Care and Emergency Services and Kerr-McGee Oil LP comprised of the following Lands: Lessor: Lessee: Lease Date: Recording Data: Lands Covered: End of Exhibit "A" James E. Norris A/K/A Jas. E. Norris Hal A. McVey January 28, 1970 Book 622, at Reception No. 1543722 Township 2 North, Range 64 West, 6s' P.M. Section 6: All (among other lands) Weld County, Colorado 3 Swartz 26C-12HZ, Reception #1543722 Kerr-McGee Oil & Gas Onshore LP <71 KerrNtGee A wholly owned subsidiary of Anadarko Petroleum Corporation 1099 18`h Street Denver, CO 80202 P.O. Box 173779 Denver, CO 80217-3779 720-929-6000 (main) January 9, 2017 Re: Offer to Join Unit ("Agreement") Dear Sir or Madam: You are the owner of mineral rights in the enclosed Oil and Gas Lease. VIA CERTIFIED MAIL RECEIVED JAN 3 0 2017 WELD COUNTY COMMISSIONERS Kerr-McGee Oil & Gas Onshore LP ("KMG") is planning to drill a horizontal Well with the corresponding Spacing Unit referenced in the enclosed Agreement. The planned Spacing Unit assumes the well is drilled according to our plan as filed with the Colorado Oil and Gas Commission (COGCC). The final pooled unit for the well is determined after the well has been drilled and will conform to the Spacing Unit that is established by the Colorado Oil and Gas Commission. Your lease is included in the planned Spacing Unit of this Well and you will be entitled to a royalty interest in it, however, to distribute revenue from the drilling of this Well we need to form a pooled unit for the well and record it in the county records. You are hereby invited to join your lease in the voluntary pooled unit for this well. Please sign and notarize the Agreement and return using the attached prepaid envelope. If you have any questions regarding this Agreement, please call me at 720-929-3184. Your prompt attention to this matter will be greatly appreciated. Sincerely, KERR-MCGEE OIL & GAS ONSHORE LP A wholly ownesubsidiary of Anadarko Petroleum Corporation Thomas Schorr Landman, DJ Basin 4259817 12/07/2016 09:21 AM Total Pages: 4 Rec Fee: $26.00 Carly Koppes - Clerk and Recorder, Weld County, CO WARRANTY DEED NO MU] DOC U] .� i REQUIRED D Leek% Co . 1s eXen,r THIS DEED made this 9 c �' day of /vo i,! , 2016, between Tod Moore of the County of Weld, State of Colorado, Grantor, and County of Weld, a body corporate and politic of the State of Colorado whose legal address is 1150 "O" Street, Greeley, Colorado 80631, of the County of Weld, State of Colorado, Grantees: WITNESS, that the grantor, for the sum of One Dollar, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: SEE ATTACHED EXHIBIT "A" Also known as 11208 Weld County Road 49, Hudson, Weld County, Colorado. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, andthe reversion and reversions, reminder and remainders, rents, issues and profits thereof, and all estate, right, title, interests, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except for taxes for. the current year, easements, restrictions, covenants, conditions reservations and rights -of -way of record, if any. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. 4259817 12/07/2016 09:21 AM Page 2 of 4 IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. State o ) )ss. County ofkloweel‘ ) i _ B. BRIXEY Notary Public, Notary Seal State of Missouri Howell County Commission. 14631731 My Commission Expires 11-30-2018 i The foregoing instrument was acknowledged before me this 2016, by Tod Moore, Owner. My commission expires: \ ` \3b\'< 29t day of Naiembe,94 Witness my hand and official seal. Notary Public 4259817 12/07/2016 09:21 AM Page 3 of 4 EXHIBIT - 18A ADDITIONAL SEGHT-OF-WAY FROM THE TOD MOORE PROPERTY WITHIN LOT A OF THE RECORDED EXEMPTION NO. 1305 -6 -3 -RE -3048 AS FILED UNDER RECEPTION #2909286 A TRACT OF LAND, LYING AND BEING SITUATE WITHIN iotA of the Recorded Exemption No. 1305 -6 -3 -RE -3048 as filled under Reception No. 2909286 within the Southwest Y of the Southwest J4 of Section 6, Township 2 North, Range 64 West, of the 6th Principal Meridian, Weld County, Colorado, and being more particularly described as follows: BEGINNING AT A POINT on the East Right -of -Way Une of Weld County Road 49, whence the South 16th Corner on the West Une of said Section 6 bears 588'39'43"W, a distance of 100,01 feet; THENCE, N88'39'43"E, along the North Property Line of Saki Lot A, a distance of 19.98 feet; THENCE 500`30'23"E, a distance of 543,50 feet; THENCE N89°29'37"E, a distance of 25.00feet: THENCE 501414'20"W, a distance of 706.49 feet; . THENCE 573'31'58"W, a distance of 21.41 feet to a point on a non -tangent curve to the left THENCE along said curve to the left, a distance of 44.27 feet, said curve having a central angle of 00'09'45", a radius of 15,610.00 feet, a chord bearing of N01.54'21"E, and a chord length of 44.27 feet; THENCE N01°59'14"E, a distance of 6.68 feet; to a point on a curve to the left THENCE along said curve to the left, a distance of 153.00 feet, said curve having a central angle of 00'33'19", a radius of 15,790.00 feet, a chord bearing of N01°42'35"E, and a chord distance of163.00 feet; THENCE N88'34'05"W, a distance of 20.00 feet to a point on a non -tangent curve to the left THENCE along said curve to the left, a distance of 532.69 feet, said curve having a central angle of 01'56'07", a radius of 15,770.00 feet, a chord bearing of N00'27'S2"E, and a chord distance of532.67feet; THENCE N00.30'12"W, a distance of 517.15 feet to a curve to the right; THENCE along said curve to the right, a distance of 1.06 feet; said curve having a central angle of 00'00'14", a radius of 1S,770.00 feet, a chord bearing of N00'30'19"W, and a chord distance of 1-0S feet, to THE POINTAND P.I.ACE OF BEGINNING, containing 35,276 sq, ft, (0.81 Acres) more or less. Bearings as shown in the above description are based upon the West Una of the Southwest h of the Southwest Y. of Section 6 having a bearing of 500'30'12"E. This property Is subject to all rights -of -way and easements of whatever kind, both recorded and implied which may be In effect at the time of this document This property description was prepared entirely from Information provided to this Surveyor by Weld County Personnel. 4L 4a CO PIS 18468 ADDITIONAL ROW ACQUISITION RW18 TOD MOORE WELD COUNTY COLORADO 44 , \f : • I „r r`Luittetaki ‘vg 1.975 Prairie Owl Road Parker, CO su i38 3 1 3 841-2 68 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT Between Roads 24 & 26 PROJECT NO.: SRP26 DAMES 9/01/16 DRAWN BY: Ma c' ' 1 Or 2 4259817 12/07/2016 09:21 AM Page 4 of 4 EXHIBIT -1sA 51/16th CORNER Sect 6 - TZN - R64W k-0"00'14" R-15770.01' L=1.06' Ch 9� N 00'30'19"W ChL=1.06` N0' 30' 12"W, 51715' 17E -- 588' 39' 43"W, 100.01' ta- .J _Ler CL WCR49 West Line -----~� Section 6 A=1'5G'U7" R=15770.00' L=532.69' Ch8 =N00'27'52"E ChL=532.67 WCR-49 Previously AcquiredR-O-W A=0'33119° R=15790.00' L=153.00'— ChB=NO1'42'35"E Chl_=153.00' NV .59' 14"E, 6.68' (10`09.45" R=15610.00' ChB -4401°54'21"E ChL=4=1.27' Note: This Exhibit sketch does not represent a fionumented Land Survey or Right —of —Way. It is intended to show the attached property description only. N88' 39' 43"E, 19.98' SO' 30' 23 c, 5 3.50' .,r _.. .a,. -w' /—N89' 29' 37'E, X5.00' Additional ROW Parcel 35,276 .S'a Ft /0.81 Acres f F-, r. .+r .. r.=-' LON 1 fJ by (rLrnuxaivA -31 14' 20'x; 706.49' SW $/4 $6-S7N-R64W TOD MOORE IOTA R!SO IXS44 reW1 N88' 34' 050W, 20.90' r:. All existing ownership, Rights —of --Way, and existing easement informdtion hos been provided by Weld County. S73' 31' 58"W, 200 0 100 21.41' 200 400 SCALE: 1 "=200' ADDITIONAL ROW ACQUISITION RW13 TOD MOORE WELL? COUNTY) COLORADO 1,. / ^} I y µ} 41% Ear VEYI N 1975 Prairie Owl Road Parker, to MIA (3031841.2568 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT Between Roads 24 & 26. PROJECT NO.: SRP26 DAT: 8/15/16 SCALES 1°,4200' DRAWN BY: MSL SHEET 2 OF 2 EXHIBIT -A J8—MOORE—ROW PROPERTY DESCRIPTION A parcel of land being port of Lot A, Recorded Exemption No. 1305 -6 -3 —RE -3048. recorded December 14, 2001 as Reception No. 2909286 of the records of the Weld County Clerk and Recorder, located in the Southwest Quarter (SW1/4) of Section Six (6), Township Two North (T.2N.), Range Sixty—four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 6 and assuming the West line of the Southwest Quarter (SW1/4) of said Section 6, being monumentalized by o #6 rebor with a 3 14.. diameter aluminum cap stamped 'tS13155, 1999" at the South end and by a #6 rebor with a 2 ' diameter aluminum cop stomped t_525937, 2001- at the North end. os bearing North 00'30'12" West. being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, o distance of 2640.51 feet, with all other bearings contained herein relative thereto: THENCE North 88'34'36" East along the South line of the Southwest Quarter (SW1/4) of said Section 6 a distance of 40.01 feet to the East Right—of—way line of Weld County Road No. 49, said East Right—of—way line being Forty (40) feet, as measured at a right angle, East of and parallel with the West line of the Southwest Quarter (SW1/4) of said Section 6; THENCE North 00'30'12" West along said East Right—of—way line a distance of 66.68 feet to the Southwest corner of said Lot A, said point being the POINT OF BEGINNING; THENCE continuing North 00'30'12 West along said East Right—of—way line a distance of 1253.51 feet to the Northwest corner of said Lot A; THENCE North 88'39'43' East along the Northerly line of said Lot A a distance of 60.01 feet to the beginning point of a curve, said curve being non —tangent to aforesaid line; THENCE along the arc of said curve which is concave to the West a distance of 1.06 feet to a Point of Tangency (PT), said point being Sixty (60) feet, as measured of a right angle, East of said East Right—of—way line, said curve having a radius of 15770.00 feet, a central angle of 00'00'14- and a long chord bearing South 0030'19" Eost a distance of 1.06 feet; THENCE South 00'30'12' East along a line being Sixty (60) feet, as measured at a right angle. East of and parallel with said East Right—of—way line a distance of 517.15 feet to o Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West a distance of 532.69 feet, said curve having a radius of 15770.00 feet. a central angle of 01'56'07" and a long chord bearing South 00'27'52- West a distance of 532.87 feet; THENCE South 88'34'05 East, non —tangent to aforesaid curve, a distance of 20.00 feet to the beginning point of a curve, said curve being non —tangent to aforesaid line; THENCE along the arc of said curve which is concave to the West a distance of 153.00 feet to a Point of Tangency (PT), said curve having a radius of 15790.00 feet, a central angle of 0033'19 and a long chord bearing South 01.42'35 ' West a distance of 153.00 feet; THENCE South 01'59'14- West a distance of 6.67 feet to a Point of Curvature (PC); THENCE along the at of a curve which is concave to the East a distance of 44.27 feet to the Southerly line of said Lot A, said curve having a radius of 15610.00 feet, a central angle of 00'09'45" and a long chord bearing South 01'54'21' West a distance of 44.27 feet; The following Two (2) courses and distances are along the Southerly lines of said Lot k THENCE South 73'31'58" West a distance of 11.97 feet; THENCE North 85'52'35" West a distance of 51.60 feet to the POINT OF BEGINNING. Said parcel of land contains 75,226 sq. ft. or 1.727 acres, more or less (±). and may be subject to any rights —of —way or other easements of record or as now existing on said described parcel of land. TOGETHER WITH EXISTING RIGHT-OF-WAY OF MIELD COUNTY ROAD NO. 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The West Forty (40) feet of the Southwest Quarter (SW1/4) of said Section 6 lying Northerly of the Westerly extension of the Southerly line of said Lot A and lying Southerly of the Westerly extension of the Northerly line of said Lot A. Said existing Right—of—way contains 50,064 sq. ft. or 1.149 acres, more or less (±), and may be subject to any rights —of —way or other easements of record or as now existing within said descrbed existing Right—of—way. Michael Cha Colorado License ehalf Of King Surveyors o essional Land Surveyor #38106 RIGHT OF WAY ACQUISITION MOORE WCR 49 WELD COUNTY. COLORADO 4159132 Pages: 4 of 5 11/18/2015 03:16 PM R Fee:$0.00 D Fee:$0.00 Car y Koppes, Clerk and Recorder Weld County, CO KING SURVEYORS 654) E. Garden Dnvc Windsor, Colorado 3U55U phone 49744) 6446 50i I I mast into@ngiunryors.com WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT BETWEEN WCR(s) 24 & 26 PROJECT NO: SRP-26 SCALE: N/A DATE: 4-10-15 ( DRAWN BY CDL SHEET. 1 oft ■II1 l4U��R�YL'«�I+'I�+�' I l:F�,K',�l h'tf�l�l l �!iY�ll�f 11 II 1 ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts the above deeded property as Public Rights of Way for a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this iClday of ATTEST: dalfget) ri= JCLso;t,k CLERK TO THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD BY Dep 1'ty Clerk to the Boar STATE OF COLORADO ) )ss COUNTY OF WELD ) 2015. COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO BY;�d,Ga bara Kirkme , er, Chair BOARD OF COUNTY NOV 1 6 2015 COMMISSIONER OF THE COUNTY OF WELD tl The foregoing instrument was acknowledged before me this /41 day of , 2015 by Barbara Kirkmeyer, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2018 4159132 Pages: 3 of 5 11/18/2015 03:16 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County. CO 02 O1.x' -,5a (T WARRANTY DEED THIS DEED made this day ofilintall, 20 A6, between Tod C. Moore of the County of Weld, State of Colorado, Grantor, and County of Weld, a body corporate and politic of the State of Colorado whose legal address is 1150 "0" Street, Greeley, Colorado 80631, of the County of Weld, State of Colorado, Grantees: WITNESS, that the grantor, for the sum of One Dollar, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: SEE ATTACHED EXHIBIT "A" Also known as 11208 Weld County Road 49, Hudson, Weld County, Colorado. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, reminder and remainders, rents, issues and profits thereof, and all estate, right, title, interests, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except for taxes for the current year, easements, restrictions, covenants, conditions reservations and rights -of -way of record, if any. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. 4159132 Pages: 1 of 5 11/18/2015 03:16 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Ma MAILS AILS 11111 IN WITNESS THEREOF the grantor has executed this deed on the date set foj'th above. aqc OD C. MOORE, Owner State of C J to (ta Po ) )ss. County of Die ---4-0 ) The foregoing instrument was acknowledged before me this 6 +`--day of )Jouei- !ref" 20 / 5, by Tod C. Moore, Owners. Witness my hand and official seal. tary Public N tary Public My commission expires: 0'13 , O c.-,.., 7 LEW.SIEVERS NOTARY UOLIC STATE OF COLORADO NOTARY m 20014024300 WY COMMON EXPIRESAUOUITtal7 4159132 Pages: 2 of 5 11/18/2015 03:16 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ant 1 r411.1WIONI kl 'iI 'alinim VO IC,) v14 BI II I ,c-e,4-e-"--- EXHIBIT -A NOTICE According to Colorado law you must commence any legal action based upon any defect In this survey within three years after you first discover such defect In no event may any action based upon any defect In this survey be commenced more than ten years from the date of the certification shown hereon. (13-80-105 C.R.S. 2012) NOTE: This exhibit drawing is not intended to be a monumentallzed land survey. It's sole purpose is as a graphic representation to aid in the visualization of the written property description which it accompanies. The written property description supersedes the exhibit drawing. S 1/16111 CORNER $6-T2N-R64W S1-T2N-R65W FOUND #6 REBAR WITH 25" ALUMINUM CAP STAMPED LS 23027 2001 LINE TABLE LINE BEARING LENGTH L1 N88'34'36"E 40.01' L2 NOO-3O'12"W 66.68' L3 N88'39'43"E 60.01' L4 S88'34'O5"E 20.00' L5 SO1-59'14"W 6.67' L6 S7311 '58''W 11.97' L7 N85'52'35"W 51.60' SE 1/4 S1-T2N-R65W DECHANT JR CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CH BEARING Cl 1.06' 15770.00' 0'00'14' 1.06' SOO 30'19"E C2 53269' 15770.00' 156'07 53267' S00Z7'52'W C3 153.00' 15790.00' 0'33'19' 153.00' 501'42'35"W C4 44.27' 15610.00' 0'09'45' 44.27 S01 -54'21'W 6 (7 Z to Q! N 0 O N n [n am Z POINT OF BEGINNING W 1/4 CORNER $6-T2N-R64W FOUND /6 REBAR WITH 2' ALUMINUM CAP STAMPED LS 25937 2001 IN MON. BOX L3 w N 0 reel 0 (1) N (3 56-T2N-R64W 60' NORM AND EGRESS EASEMENT (PEG N0s. 1627199, 1871893 & 2834X1) .T' ELECTRIC EASE1021T TO COLORADO CENTRAL Pone COMF'ANr MOCK 1249 PAGE- 241) 40' DSJWG RYWT Cif-IE4Y (BOOK 1046 PAGE 9) ADDITIONAL RIGHT—OF—WAY 75,226s.f.± OR 1.727ac.± SW 1/4 TOD MOORE LOT A RE NO 1305 -6 -3 -RE -3048 4 6 WOODMEN OF THE WORLD LOT B RE NO 1305 -6 -3 -RE -3045 100' &GRESS & EGAIE5S EASEMENT FOR eman then it &chars AIW PEDESI IAN JRAFFRC (REC NO. 1617995) 30' ACCESS EASEMENT FOR NE eaurr cr LOT A, RE -X48 (REC Na 2909286) SW CORNER $6-T2N-R64W FOUND l6 REBAR WITH 3.25' ALUMINUM CAP STAMPED LS 13155 1999 IN MON. BOX POINT OF COMMENCEMENT RIGHT OF WAY ACQUISITION MOORE WCR 49 WELD COUNTY. COLORADO KING SURVEYORS 630 E (i]nlcn ()ro e I Windsor, Cobndo 805541 phony: MO) 486 5O I crud: infoiiittnOurvernr.c.com 4159132 Pages: 5 of 5 11/18/2015 03:16 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes. Clerk and Recorder Weld County: CO !OWN u ig 11111 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT BETWEEN WCR(s) 24 & 26 PROJECT NO: SRP-26 DATE: 4-10-15 SCALE: I "=200' DRAWN BY CDL SHEET: 2 oft R.e. No. _ INDEXED Ann Spomer, Riseordec 0 0 rn i BOOK 622 Form 88 —(Producers) Kan•, Okla. & Colo. 1942 Rev. B w i OIL AND GAS LEASE THIS AGREEMENT, Entered into this the 2 8th day of betwee 6808 S ._Elizabeth Littleton, Colorado January COLO-284 a nC)CO3sr's. 121O. 1014 COUNT PIACe °eleven COLO. 8O2O2 PHOMt 466-1ee1 70 , 19 1% and O.2 tn U1 Of 'C I N CO 0 0 0 O v-4 r—i cc hereinafter called lessor, f1 I 1-i 1"ley e � 'f'f t+ Vey L fell L [j_�ZL 1Je11V Ci' a L.UJ.. �l'ciuc� hereinafter called lessee, does witness: I. nut meteor. for and in consideration of the sum of foliate in hand paid and of the covenants and agreements hereinafter contained to be performed by the lessee, has this day ranted, leased, and let and by these presents does hereby rant, lease, and let exclusively unto the lessee 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 hereinafter provided, for the purpose of carrying on geological, geophysical and other exploratory work, including core drilling, and the drilling, mining. and operating for, producing, and saving all of the oil, gas, casinghead gas, caain;head gasoline and all other gases and their respective constituent vapors, and for constructing roads, laying pipe lines, building tanks, storing oil, building powers, 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 manufacture all of such substances, and for housing and boarding employees, said tract of land with any reversionary rights therein being situated in the County of Weld Twp. 2 North, Rge. 64 West Sec. 6: All Sec. 8; N/2 State of___ 1 nraCIO and described as follows: Twp . 3 �inrth� _ 64 West In Section_ XX . Township, XX 2. This lease shall remain in force for a term of f ive (5) any of the products covered by this lease is or can be produced. 3. The lessee shall deliver to lessor as royalty, free of cost, on the lease, or into the pipe line to which lessee may connect its wells the equal one -eighth part of all oil produced and saved from the leased premises, or at the lessee's option may pay to the lessor for such one -eighth royalty the market price for oil of like grade and gravity prevailing on the day such oil is run into the pipe line or into storage tanks. 4. The lessee shall pay to lessor for gas produced from any oil well and used by the lessee for the manufacture of gasoline or any other product as roy- alty Vs of the market value of such gas at the mouth of the well: if said gas is sold by the lessee, then as royalty V. of the proceeds of the sale thereof at the mouth of the well. The lessee shall pay lessor as royalty 54 of the proceeds from the sale of gas as such at the mouth of the well where gas only Is found and where such gas is not sold or used, lessee shall pay or tender annually at the end of each yearly period during which such gas is not sold or used, as royalty, an amount equal to the delay rental provided in paragraph 5 hereof, and while said royalty is so paid or tendered this lease shall be held as a producing l-sse under paragraph 2 hereof; the lessor to have gas free of charge from any gas well on the leased premises for stoves and inside lights in the principal dwelling house on said land by making his own connections with the well, the use of such gas to be at the lessor's sole risk and expense. Sec 32: Ali _ Range ICY , and containingea, more or lea. years and as long thereafter as oil, gas, casinghead gas, casinghead gasoline or 5. If operations for the drilling of a well for oil or gas are not commenced on said land on or before the 28 (lay of J.9,.n11ary 1+a --Z0 this lease shall terminate as to both parties, unless the lessee shall on or before said date pay or tender to the lessor or for the lessor' credit in the Fort Lupton State Rank at Fort T,11ptnn J Colorado or its successors, which. Bank and its sue - I continue h d depository an all sums a able under this lease are the lessor's agent and shall as the ep ry of any $ payable u r regardless of changes of ownership in said land or in the oil and gas or in the rentals to accrue hereunder, the sum of — T 1 ' S 0 0 ' 0 _Dollars, which shall op- erate as a rental and cover the privilege of deferring the commencement of operations for drilling for a 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 bank, and it is understood and agreed that the consideration first recited herein, the down payment, covers not only the privilege ranted to the date when said first rental la payable as aforesaid, but also the lessee's option of extending that period as aforesaid and any acid all other rights conferred. Notwithstanding the death of the Iessor or his successors In Interest, the payment or tender of rentals in the manner above shall be binding on the heirs, devisees, executors, and administrators of such persons. 6. If at any time prior to the discovery of oil or gas on this land and during the term of this lease, the lessee shall drill a dry_ hole, or holes on this land, this lease shall not terminate, provided operations for the drilling of a well shall be commenced by the next ensuing rental paying date, or provided the lessee begins or resumes the payment of rentals in the manner and amount hereinabove provided, and in this event the preceding paragraphs hereof gov- erning the payment of rentals and the manner and effect thereof shall continue in force. 7. In case said lessor owns a less interest in the above described land than the entire and undivided fee simple estate therein then the royalties and rent- als herein provided for shall be paid the said lessor only in the proportion which his interest bears to the whole and undivided fee. However, such rental shall be increased at the next succeeding rental anniversary after any reversion occurs to cover the interest so acquired. 8. 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 welts 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 well shall be drilled nearer than 200 feet 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, but lessee shall be under no obligation to do so, nor shall lessee be under any obligation to restore the surface to its original condition, where any alterations or changes were due to operations reasonably necessary under this lease. 9. If the estate of either party hereto is assigned (and the privilege of assigning 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 1n 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 proceedings 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 heye- under before receipt of said documents shall be binding on any direct or indirect assignee, grantee. devisee, administrator, executor. or heir of lessor. 10. If the leased premises are now or shall hereafter be owned in severalty or in separate tracts, the premises nevertheless shall be developed and oper- ated as one lease, and all royalties accruing hereunder shall be treated as an entirety and shalt be divided among and paid to such separate owners in the proportion that the acreage owned by each separate owner bears to the entire leased acreage. There shall be no obligation on the part of the lessee to off- set wells on separate tracts into which the land covered by this lease may be hereafter divided by sale, devise, descent or otherwise or to furnish separate measuring or receiving tanks. It la 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 of any such part or parts shall make default 1n the payment of the proportionate part of the rent due from him or them, such default shall not operate to defeat or affect this lease insofar as it covers a part of said land upon which the lessee or any assignee hereof shall make due payment of said rentals. 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 shall 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 expressly 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, If production •results therefrom, then as long as production continues. 13. If within the primary term of this lease, production on the leased p-emises shall cease from any cause, this lease shall not terminate provided opera- tions for the drilling of a well shall be commenced before or on the next ensuing rental paying date; or, provided lessee begins or resumes the payment of rentals In the manner and amount hereinbefore provided. If, after the expiration of the primary term of this lease, production on the leased premises shall cease from any cause, this lease shall not terminate provided lessee resumes operations for drilling a well within sixty (601 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 14. Lessee may at any time surrender or cancel this lease in whole or 1n part by delivering or mailing such release to the lessor, or by placing same of record in the proper county. In case said lease Is surrendered and canceled as to only a portion of the acreage covered thereby, then all payments and liabilities thereafter accruing under the terms of said lease as to the portion canceled shall cease and determine and any rentals thereafter paid may be apportioned on an acreage basis, but as to the portion of the acreage not released the terms and provisions of this lease shall continue and remain in full force and effect for all purposes. 15. All provisions hereof, express or implied. shall be subject to all federal and state laws and the orders, rules, or regulations (and interpretations there- of) of all governmental agencies administering the same, and this lease shall not be in any way terminated wholly or partially nor shall the lessee be liable in dams ,es for failure to comply with any of the express or implied provisions hereof if such failure accords with any such laws, orders, rules or regulations for interpretations thereof). If lessee should be prevented during the last six months of the primary term hereof from drilling a well hereunder by the order of any constituted authority having jurisdiction thereover, or If lessee should be unable during said period to drill a well hereunder due to equipment. necessary in the drilling thereof not being available on account of any cause, the primary term of this lease shall continue until six months after said order is suspended and 'or said equipment is available, but the lessee shall pay delay rentals herein provided during such extended time. 16. The unitization of this lease or any portion thereof with any other lease or leases or portions thereof shall be accomplished by the execution and filing by lessee in the recording office of said county of an instrument declaring its purpose to unitize and describing the leases and land unitized, which unit- ization shall cover the gas rights only and comprise an area not exceeding approximately 640 acres. The royalty provided for herein with respect to gas tram gas wells shall be apportioned among the owners of such royalty on minerals produced in the unitized area In the proportion that their interests in the minerals under the lands within such unitized area bear to the minerals under all of the lands in the unitized area. Any well drilled on such unit shall be for all purposes a well under this lease and shall satisfy the rental provision of this lease as to all of the land covered thereby: Provided, however, lessee shall be under no obligation, express or implied, to drill more than one gas well on said Unit. , . 17. Thia'leiad'Wad, all its terms, conditions, and stipulations shall extend to and be binding on all successo)s of said lessor and lessee. IN • 0 4 2- we sign the day, and year first above written. • S • • • ' ,n PPRLt/•I0 Q .••1.1.,. '••. '''I.''j1,11.`,, • -'ALL GJ (SEAL I (SEAL) (SEAL) (SEAL) ?fir (SEAL) es E. Norris A/K/A Jas.E. Norris CL (SEAL) (REAL) SEAL) M t,,0% 622 STATE.Dr ' • QG{INTY 0F` l 1543722 • eg - } ss. ACKNOWLEDGMENT FOR INDIVIDUAL (Kans., Okla., and Colo.) •tl0t dersigned, a Notary Public, within and for said county and statn this - ;; 4y of.•J_,` , 19 n, personally appeare L� / p. to ,that �ierl�ria1lY known to be the identical person Ty/ who executed the within and foregoing instrument and acknowledged to me executed the same as free and voluntary act and deed for the uses and purposes therein set forth. WITNESS WHEREOF, I have hereunto set my hand and official,eal the day and year last above written. My commission expi er'� Commission expires April 15, 1970 STATE OF COUNTY OF Before me, the undersigned, a Notary Public, within and for said county and state, on thin day of , 19 , personally appeared J -a-I) Notary Public. } as. ACKNOWLEDGMENT FOR INDIVIDUAL (Kans., Okla., and Colo.) and to me personally known to be the identical person who executed the within and foregoing instrument and acknowledged to me that executed the same as free and voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year last above written. My commission expires STATE OF COUNTY OF On this Notary Public. } ss. ACKNOWLEDGMENT FOR CORPORATION day of , A. 11, 19 , before me, the undersigned, a Notary Public in and for the county and state aforesaid, personally appeared to me personally known to be the identical person who signed the name of the maker thereof to the within and foregoing instrument as its President and acknowledged to me that executed the same ac free and voluntary act and deed, and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. Given under my hand and seal the day and year last above written. My commission expires C z a 4) a. H C C 4 ✓ C� Ui No. of Acres C 0 U STATE OF w C y G C U filed for record on the Cr) t— Cr , and duly recorded • w O C C La E pc as \ Its a a v a Notary Public. recorded, return to G CJ 'NOT: When signature by mark in Kansas, said mark to be witnessed by at least one person and also acknowledged. . . . For ..acknowledgment by mark, use -regular Kansas- acknowledgment STATE OF COUNTY OF S3. ACKNOWLEDGMENT FOR INDIVIDUAL (Kans., Okla., and Colo.) Before me, the undersigned, a Notary Public, within and for said county and state, on this day of , 19 , personally appeared and to me personally known to be the identical person —who executed the within and foregoing ;nstrument and acknowledged to me that executed the same as free and voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year last above written. My commission expires Notary Public. Hello