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POOLING AGREEMENT
THIS AGREEMENT made and entered into this 1st day of March, 1976, by
and between MARTIN OIL SERVICE, INC. , hereinafter designated"Operator", and
the other parties signatory hereto, hereinafter designated• "Parties Hereto",
W I T N E S S E T H:
WHEREAS, the Operator is the owner of those certain valid and subsisting
Oil and Gas Leases covering, among other lands, the NW4 of Section 6, Township
1 North, Range 67 West, 6th P.M. , Weld County, Colorado, which leases are
described in Exhibit A, attached hereto and hereby made a part hereof by this
reference; and
WHEREAS, Parties Hereto own or claim oil and gas rights in and under
the lands described in Exhibit A, subject to said oil and gas leases, and all
royalties and overriding royalties reserved in and payable under said leases•
as to said lands; and
WHEREAS, Operator, pursuant to powers contained in said oil and gas
leases, recorded declarations of pooling or unitization of the two 80 acre
Sussex formation drilling units located within the NW4 of said Section 6; and
WHEREAS, it is the desire of all of the parties hereto and notwithstanding
the Declaration of Unitization heretofore executed and recorded, that the
following described lands in Weld County, Colorado, to-wit:
The Northwest Quarter of Section 6,
Township 1 North, Range 67 West, 6th P.M.
containing 151 acres, more or less,
as to the Sussex-Shannon Sand formation, which land as to said depth or formation
is hereinafter designated "Unitized Area", be developed and operated for crude
oil and oil associated hydrocarbons as a pool or unit to the extent and in the
manner hereinafter provided.
NOW THEREFORE, in consideration of the premises and the benefits to be
received hereunder and of the mutual covenants, agreements and obligations
herein expressed, it is agreed as follows :
1. Any well drilled for oil or oil associated hydrocarbons on any part
of the Unitized Area, whether now drilling or heretofore or hereafter drilled,
and operations for the drilling thereof, shall as to each lease described in
Exhibit A to be considered and deemed to be a well drilled and operations
conducted under each such lease, and the operation of any such well after com-
pletion, and the production of oil or oil associated hydrocarbons therefrom,
shall as to each such lease be considered and deemed to be the operation and
production of a well thereunder in the same manner and with the same force and
effect as though such well were actually located on the land covered by such
lease; subject, however, to the subsequent provisions hereof.
2. In order to determine the rights of the parties hereto in the total
production of oil and oil associated hydrocarbons hereafter obtained from the
Unitized Area, such total production shall be allocated among the respective
tracts described in Exhibit A, and there shall be allocated to each tract the
same proportion of said total production as the number of surface acres in such
tract bears to the total number of surface acres in the Unitized Area, and the
amount so allocated to each such tract shall be deemed to be the total oil and
oil associated hydrocarbons production obtained from the tract to which it is
so allocated, regardless of the actual production therefrom, and to be subject
to the rights of the parties hereto owning interests in such tract in the same
manner and with the same force and effect as though such allocated production
had been produced from, and was the total production from, said tract separately
under the terms of the oil and gas leases thereon.
L�COkp — 1
i7Cooco9
For the purpose of the foregoing allocation, the tracts described in
Exhibit A shall be deemed to contain the number of acres hereinafter specified,
Tract I 75.585 Acres
Tract II 75 .585 Acres
Total 151.170 Acres
3. Operator shall not be obligated to drill any oil well or wells on
any part of the Unitized Area for the purpose of protecting said part from
drainage by reason of any oil well or wells located on any other part or parts
of the Unitized Area, and the Operator shall not be obligated to keep, main-
tain or store the oil production obtained from any part or parts of said land
separately or apart from the oil production obtained from any other part of said
land, and Operator may, at its opinion, produce all Unitized Area wells into a
single tank battery.
4. This Agreement may be executed in any number of counterparts, or by
the use of signature pages, no one of which needs to be executed by all parties,
or may be ratified or consented to by separate instrument in writing specifically
referring hereto, and shall be binding upon all parties who have executed such
a counterpart, ratification or consent hereto, whether or not executed by all
parties owning an interest in the oil and gas in the Unitized Area; provided,
however, that this Agreement shall terminate in its entirety and be of no fur-
ther force and effect unless Operator on or before December 31, 1976, accept the
same by signing and filing a counterpart in the office of the Clerk and Recorder
of Weld County, Colorado.
5. Subject to the provisions of the preceding numbered paragraph, and
regardless of the spacing pattern which may from time to time be prescribed
or adopted, presently one well per each 80 acres , this Agreement shall be
effective as of the date hereof and shall be and remain in full force and
effect for a term of two (2) years from and after such date and as long there-
after as oil or oil associated hydrocarbons are or can be produced from the
Unitized Area or operations for drilling, reworking, recompleting, deepening
or plugging back an oil well or wells thereon are conducted without a cessation
of any such operations for more than ninety (90) consecutive days, with the
terms and provisions of each lease made subject hereto being hereby extended for
said two-year period, to the extent the primary terms thereof would sooner expire.
6. The oil and gas leases described in Exhibit A are recognized and agreed
to be valid and subsisting oil and gas leases which leases are hereby ratified,
approved, confirmed and adopted, and each thereof shall be and remain in full
force and effect in accordance with its terms as supplemented, modified and
amended by the provisions hereof.
7. No transfer of title to any portion of the Unitized Area or the oil
and gas therein shall be effected by this Agreement.
8. The terms and provisions hereof shall constitute covenants running
with the land and the leasehold estates, and shall extend to, be binding upon,
and inure to the benefit of the respective heirs , personal representatives,
successors and assigns of the parties hereto.
IN WITNESS WHEREOF, this instrument is duly executed as of the day and
year first above written.
ATTEST:
MARTIN OIL SERVICE, INC.
(Operator)
ter--
•
es ens 1, r. , Secretary By� Vice �� ..�.__
R. W. Yarlier, ice Rresi en
ATTEST: THE FIRST NATIONAL BANK OF DENVER,
Successor Trustee to the International
Trust Company
By:
Assistant Cashier Francis W. Collopy, Vice President ,
and Trust Officer
ATTEST: WELD COUNTY, a Political Subdivision of
the State of Colorado acting by and
through its Board of County Commissioners
By: AzilAjj
enn K. Billings, ?Tunis onner
ount Clerk (7
By:
r l s p
/ (� Norman Carlsgn, Commissioner
Hang S__psh.le)C,,Commissioner
Victor L. Jacobucci
By:
Roy r, Commisssiner,_.
By ,G -C-77/7,y
J K. teinmark
ATTEST: CHAMP PETROLEUM COMPANY
By:
Assistant Secretary D. 0. Churchill, Vice President
ATTEST: TOWN OF DACONO, a municipal corporation
By:
Clerk Its Mayor
•
WITNESS:
Sydney B. Smith
WITNESS:
Anthony L. Shrednik
WITNESS:
Anne Shrednik Vickery •
„I [1,1,IrVU 1.11 _
ACKNOWI.I:D(,'. 'N'V (For use by Corporation)
County .d COOK ass.
, A. D 19.76. , before me personally
appeared _ ._. R. W. Parlier
. . _._.. . _. to me personally known. who, being by,
me duly sworn, did say that he is the Vice President of MARTIN OIL SERVICE, INC._ ,___
__. and that the <t it affixed to said instrument is the corporate seal of said corpora-
tion and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said
R. W. Parlier
_ . . _ .. acknowledged said mtrumcnt to be the free art and deed of said corporation.
Winless my hand and seal this / r /h
76
SEAL I
Notary Public.
11
•
My Commission expires �.C / -
State of COLORADO
ACKNOWLEDGMENT (For use by Corporation)
County of _ DENVER
On I his day of _ _. A: D. 19 76 before me personally
appeared_ Francis W. Collopy
V Ce PT dCllt to me personally known, who, being by
me duly sworn, did sty [hart he is the rust ui icer �' of THE FIRST NATIONAL BANK OF DENVER,
Successor Trustee to the International
Trust Company national
Ind that the seal t afa m said instrument is the corporate seal of said ,XXix]4i-
banking association national banking tssco,iaotiio�
ra,X and (M it said instrument ,,n signed and sealed in behalf of said XXXXXXx by y aut font o its oar o auto-s. and said
Francis W. Collopy national banking
acknowledged said intrunient to be the free act and deed of said cX4.«XeCKirn. corporation
Witness my bond and seal this _ day of _ A. D. 19 76
I SEAL Notary Public.
My Commission expires
STATE OF COLORADO ) Oklahoma, Kansas, New Mexico, Wyoming, Montana, Colorado, Utah,
COUNTY OF WELD }ss. Nebraska. North Dakota, South Dakota
JJ ACKNOWLEDGMENT—INDIVIDUAL
BEFORE ME, the undersigned, a Notary Public, in and for said County and State, on this
day of , 19.76 , personally appeared Glenn K. Billings, Harry S. Ashley
and Roy Moser, the Commissioners of Weld County, State of Colorado
and
------- --.--_.—_ , to me known to be the identical ersons
p described.in and who executed
the within and foregoing instrument of writing and acknowledged to me that.........they duly their
and voluntary act and deed for the uses and purposes therein set forth. executed the same as
free
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written.
My Commission Expires
Notary Public.
State of COLORADO
ACKNOWLEDGMENT (For use by Corporation)
County of .
On this day of A. D. 19 76 before me personally
appeared _ D. 0. Churchill
... _ .._ _ _. . to me personally known, who, being by
me duly sworn, did say that he is the Vice President of CHAMPLIN PETROLEUM COMPANY
and that the seal affixed to .said instrument is the corporate seal of said corpora-
tion and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors. and said
D. 0. Churchill
-- -- acknowledged said mtrumcnt to be the free act and deed of said corporation.
Witness my hand and seal this
day of _. A. D. 1976
SEAL I Notary Public.
My Commission expires. .. . . _._.. _ ..
STATE OF IOLORADO _ ,
Oklahoma, Kansas, New Mexico, Wyoo Montana, Colorado, Utah,
COUNTY OF WELD ss. Nebraska, North Dakot uth Dakota
1 ACKNOWLEDGMENT- .NDIVIDUAL
BEFORE ME, the undersigned, a Notary Public, in and for said County and State, on this
day of 19_76 personally appeared
Mayor of Town of Dacono, a municipal corporation
and
_. to me known to be the identical person described in and who executed
the within and foregoing instrument of writing and acknowledged to me that he duly executed the same as his
and voluntary act and deed for the uses and purposes therein set forth. free
•
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written.
My Commission Expires
Notary Public.
STATE OF COLORADO 1l Oklahoma, Kansas, New Mexico, Wyoming, Montana, Colorado, Utah,
COUNTY OF rss. Nebraska, North Dakota, South Dakota
J ACKNOWLEDGMENT—INDIVIDUAL
BEFORE ME, the undersigned, a Notary Public, in and for said County and State, on this
day of 19 76 personally appeared Sydney B• Smith
and
to me known to be the identical person...__.., described in and who executed
the within and foregoing instrument of writing and acknowledged to me that he his
and voluntary act and deed for the uses and purposes therein set forth. duly executed the same as free
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written.
My Commission Expires
Notary Public.
STATE OF COLORADO ) Oklahoma, Kansas, New Mexico, Wyoming, Montana, Colorado, Utah,
COUNTY OF rss. Nebraska. North Dakota, South Dakota
J ACKNOWLEDGMENT—INDIVIDUAL
BEFORE ME, the undersigned, a Notary Public. in and for said County and State, on this
day of 19 76 personally appeared Anthony L. Shrednik
and
---- ---.—._-, to me known to be the identical person described in and who executed
the within and foregoing instrument of writing and acknowledged to me that he his
and voluntary act and deed for the uses and purposes therein set forth, duly executed the same as free
IN WITNESS WHEREOF, I have hereunto set my hand and affixod my notarial seal the day and year last above written.
My Commission Expires
Notary Public.
STATE OF COLORADO j Oklahoma, Kansas, New Mexico, Wyoming, Montana, Colorado, Utah,
COUNTY OF ss' Nebraska, North Dakota, South Dakota
E ACKNOWLEDGMENT—INDIVIDUAL
BEFORE ME, the undersigned, a Notary Public, in and for said County and State, on this
day of 19 ..... personally appeared Anne Shrednik Vickery
and
------ --..-- to me known to be the identical person described in and who executed
the within and foregoing instrument of writing and acknowledged to me that she her
and voluntary duly executed the same as free
act and deed for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and affixod my notarial seal the day and year last above written.
My Commission Expires
EXHIBIT A
Attached to and made a part of Pooling Agreement
dated March 1, 1976
covering Sussex-Shannon Sand Formation
Township 1 North, Range 67 West, 6th P.M.
Section 6: NW'4
TRACT I
NzNW' Sec. 6-1N-67W
Date Lessor Lessee Recording
04GL 3/28/72 1st Natl. Bank of Denver, Colorado Energy Bk.730, #1652446
Trustee Corporation
04GL 2/14/73 Weld County, a Political Martin Oil Service, Bk.687,#1609189
Subdivision Inc.
04GL 10/28/71 Weld County, a Political Amoco Production Bk.659, #1580913
Subdivision Company
04GL 3/07/74 Champlin Petroleum Co. Colorado Energy Bk.715, #1636626
Corporation
04GL 6/14/72 Town of Dacono - a Municipal Colorado Energy Bk.672, #1593775
Corporation Corporation
04GL 12/20/71 Dacono Townsite Company Colorado Energy Bk.662, #1583540
Corporation
TRACT II
SLINWq, Sec. 6-1N-67W
Date Lessor Lessee Recording
04GL 3/07/74 Champlin Petroleum Co. Colorado Energy Bk.715, #1636626
Corporation
04GL 3/28/72 1st Natl. Bank of Denver, Colorado Energy Bk.668, #1589796
Trustee Corporation
04GL 2/14/73 Weld County, a Political Martin Oil Service, Bk.687, #1609189
Subdivision Inc.
04GL 10/28/71 Weld County, a Political Amoco Production Bk.659, #1580913
Subdivision Company
04GL 3/28/71 1st Natl. Bank of Denver, Colorado Energy Bk .668, #1589796
Trustee Corporation
04GL 6/14/72 Town of Dacono - a Municipal Colorado Energy Bk.672 , #1593775
Corporation Corporation
04GL 12/20/71 The Dacono Townsite Company Colorado Energy Bk.662, #1583540
Corporation
- MARTIN
T MARTIN OIL SERVICE. INC.
March 18, 1976
Board of County Commissioners
Weld County Court House
Greeley, Colorado 80631
Attention: Mr. Glenn K. Billings, Commissioner
Re: Interest in NW/4 Section 6-1N-67W
Weld County, Colorado
Gentlemen:
You are a royalty owner under a certain oil and gas lease relating to
property in the Northwest Quarter (NW/4) of Section 6, Township 1 North,
Range 67 West, Weld County, Colorado. This corporation is the operator of
the area encompassing the Northwest Quarter (NW/4) of Section 6, and we are
proposing to drill two Sussex-Shannon Sand formation test wells to the approxi-
mate depth of 5,000 feet in the area covered by your interest.
Because the drill site areas are improved as part of the Town of Dacono,
no drilling in this quarter section is permitted. An attempt is being made
to obtain a drilling location removed from this quarter section, which would
enable directional drilling of two wells from one drill site. Additionally,
we would like to commingle any production of oil or gas we get from the two
wells, using one tank battery, and we are requesting your permission to pool
the leases and any resultant oil and gas production into one unit.
It is our desire to begin these test wells in the immediate future. En-
closed for your review is a Pooling Agreement which we are requesting you
sign, have notarized and return in the stamped, self-addressed envelope also
enclosed, retaining one copy for your records. Please do not delay this re-
quest, but should you have any questions, please call me collect at (312) 385-6500.
Thank you in advance for this consideration.
Very truly yours,
MARTIN OIL SERVICE, INC.
Richard W. Parlier
Vice President
RWP:dmb
Enclosures
4601 W. 127th ST., ALSIP, ILL. • P.O. BOX 296, BLUE ISLAND, ILL. 60406 • 312-928-6700
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