HomeMy WebLinkAbout20141693.tiff NADOA Model Form Division Order (Adopted 9/95)
ORIGINAL DIVISION ORDER
To: BILL BARRETT CORPORATION Date: May 5, 2014
1099 18th Street, Suite 2300
Denver, Colorado 80202
Operator: Bill Barrett Corporation Effective Date: See Exhibit "A"
Property# and Name: See Exhibit "A"
Description : See Exhibit "A"
County and State: WELD, CO
Production: _ Oil Gas X Both
Owner Number: 23849 Type of Interest: See Exhibit "A"
Owner Name: WELD COUNTY Decimal Interest: See Exhibit "A"
BOARD OF COMMISSIONER
915 10TH ST
P O BOX 758
GREELEY, CO 80632-0758
The undersigned certifies the ownership of the decimal interest in production or proceeds as described above payable by Bill Barrett
Corporation.
Bill Barrett Corporation shall be notified, in writing, of any change in ownership, decimal interest, or payment address. All such
changes shall be effective the first day of the month following receipt of such notice.
Bill Barrett Corporation is authorized to withhold payment pending resolution of a title dispute or adverse claim asserted regarding the
interest in production claimed herein by the undersigned. The undersigned agrees to indemnify and reimburse Bill Barrett
Corporation any amount attributable to an interest to which the undersigned is not entitled.
Bill Barrett Corporation may accrue proceeds until the total amount equals fifty dollars ($50.00), or pay annually, whichever occurs
first, or as required by applicable state statute.
This Division Order does not amend any lease or operating agreement between the undersigned and the lessee or operator or any other
contracts for the purchase of oil or gas.
In addition to the terms and conditions of this Division Order, the undersigned and Bill Barrett Corporation may have certain statutory
rights under the laws of the state in which the property is located.
JUN 0 9 2014
Owner(s) Signature(s): I - !�� (Date)
WELD COUNTYMike Free'?? ? tar ir Pro—Tern
Owner(s) Tax I.D. Number(s): 84-6000-813
: /1
Owner Daytime Telephone #: 970-336-7204 \\'1 �•: ATTEST : C/.dded%/ SIC Jai'
Clerk to the Boar
Owner FAX #: 970-33607233
By : ,
'Depu Clerk to the Board
Federal Law requires you to furnish your Social Sect • o r axpayer Identification Number.
Failure to comply will result in 28% tax withholding and will not be refunded by Bill Barrett Corporation.
PLEASE KEEP THIS COPY FOR YOUR RECORDS
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RECEIVED
® Bill Barrett Corporation MAY 0 9 2014
WELD COUNTY
COMMISSIONERS
Dear Interest Owner,
Enclosed are duplicate original Division Orders covering your interest in the referenced property.
1. Please sign exactly as shown on the Division Order. If your name has changed due to marriage or
divorce, execute the Division Order using your present name and furnish a copy of the marriage
certificate or divorce decree.
2. If signing for a corporation, signature must be attested, corporate seal fixed and title of signatory party
reflected. If signed by agent, attorney-in-fact,guardian or any party other than the named interest
owner, two witnesses must execute the document where indicated. Please provide a certified copy of
the power of attorney or other evidence of such party's right to sign.
3. Division Orders for partnerships must be executed by all partners or by an authorized partner. A
certified copy of the instrument giving said partner's authority to sign must be furnished.
4. Federal Law requires that you include the proper Social Security Number or Tax Identification Number,
whichever applies, in the space provided. Should you fail to provide the correct Social Security or Tax
Identification Number,the law provides that we withhold 28%of all production proceeds due. You may
also be subject to a further penalty levied by the IRS.
5. If form W-9, Request for Taxpayer Identification Number and Certification, has been included, please
complete applicable information, sign and return.
6. If the address shown on our Division Order is incorrect, please insert the correct address to ensure
prompt receipt of production proceeds. (Please print or type and do not abbreviate.)
After executing the enclosed Division Orders, please return one copy in the enclosed envelope provided for your
convenience,along with a completed W-9 form, if one was provided. Retain the second copy for your records.
PLEASE NOTE that BBC is now offering direct deposit of your revenue checks into your bank account. If you are
interested in participating in this program, complete the enclosed BBC ACH Program Add/Change Form and
return it with a void check in the enclosed envelope. If you have any questions or concerns regarding direct
deposit, contact the BBC Owner Hotline at(303)312-8579.
If you have any questions or require additional information, please contact the undersigned at 303-312-8787 or
via email at Iutherford@billbarrettcorD.com.
Sincerely,
Lisa Rutherford
Division Order Assistant
1099 18th Street Suite 2300 DENVER, CO 80202 USA
T 303.293.9100 F 303.291 .0420 www.BILLBARRETTCORP.com
BJORK • LINDLEY • LITTLE • PC
LAWYERS
REM,A.BRIM' 'Also aMYned In Morning
LAUNA LINDLEY Also adnllned In lw Dlsulel or colimiula
Own,R.LITru: •Aba annllitei In NOM Dakoln
RolERT C.MATI NISI' 'Special Counsel
KATHLEEN C.SCHRODER •W onMnylicsldCnl Counsel
DARIN R.Su mu"
JILL D.CANTWAT•
SARAI,Sonu:i
And CASTRURN•
HEAHINN R.BILLER'
ALLISON E Roams
ERIN K.MURPHY' March 12,2013
DRILLING AND DIVISION ORDER TITLE OPINION
Bill Barrett Corporation
1099 18`h Street,Suite 2300
Denver,CO 80202
Attention: Ms.Colleen M.Kennedy
Senior Landman
Re: Sandborn 8-21 H Well
All of Section 21-5N-61W
Weld County,Colorado
Ladies and Gentlemen:
Pursuant to your request, we have examined title to the following described lands
located in Weld County, Colorado,for drilling and division order purposes,and give you
our opinion thereon as follows:
DESCRIPTION
Township 5 North,Range 61 West,6111 P.M.
Section 21: All
containing 640.00 acres,more or less
Note: For the purposes of identification and convenience we have further delineated the
lands as Tracts I,II,III and IV as follows:
TRACT I
Township 5 North,Range 61 West,6th P.M.
Section 21: SE/4
containing 160.00 acres,more or less
1600 STOUT STREET•SUITE 1400•DENVER.COLORADO 8020231 10
TELEPHONE:303802-1400•F sinii.E:303-892-1401•www.bjorklindley.com
Bill Barrett Corporation Page 2
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TRACT II
Township 5 North,Range 61 West.6m P.M.
Section 21: NE/4
containing 160.00 acres,more or less
TRACT III
Township 5 North,Range 61 West,6th P.M.
Section 21: NW/4
containing 160.00 acres,more or less
TRACT IV
Township 5 North,Range 61 West,6th P.M.
Section 21: SW/4
containing 160.00 acres,more or less
MATERIALS EXAMINED
1. Drilling and Division Order Title Opinion dated November 4, 2011,
prepared by this fine and directed to BOG Resources, Inc., covering all of the subject
lands, based upon abstract coverage certified for the period of time from inception of
records to April 25,2011 at 8:00 a.m.
2. Supplemental Abstract, unnumbered,prepared by Percheron, LLC/Mason
Dixon Energy, covering all of the subject lands,containing fifteen additional entries, and
certified for the period of time from April 1, 2011 at 8:00 a.m.to January 9,2013 at 7:00
a.m.
3. We also examined other related materials supplied by you, including the
following:
(a) Copy of the Last Will of Mary A. Bresnahan,the First Codicil
to Last Will and Testament of Mary A. Bresnahan, together
with Informal Probate of Will and Informal Appointment of
Personal Representative, Letters, and Verified Statement of
Personal Representative Closing Administration in the Probate
Court for the City and County of Denver, Case No.
1992PR681;
Bill Barrett Corporation Page 4
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2012 at Reception No.3850150 of the county records;and
(j) Pipeline Right-of-way Grant With Receiver/Valve Site
recorded February 21,2013.
5. We examined the Colorado Oil and Gas Infonnation System ("COGIS")
on March 1,2013 for information regarding production from the Pronghorn#31-21 Well
located in the NW/4NE/4 of the subject lands.
6. Electronic Business and Licensing records maintained by the Colorado
Secretary of State on March 11,2013 with regard to Grey Bull Royalty Company LLC.
DIVISION OF PRODUCTION FROM THE SUBJECT LANDS. ASSUMING
APPROPRIATE POOLING OR UNITIZATION THEREOF.AS OF JANUARY 9.2013
AT 8:00 A.M.:
01f • Name NRI Lease No.
Lois Ann Rovira
p I: 1 x 0.1666667 x 160/640 Y/��1 /y Qf/0.04116667 p�//�((LOR
e 1
�(� e� t 1� , o oral° 0I`�f' lr-.V-S44�r(„ {may• toga le.
/2-1) II: 1 x 0.125 x 160/640 � > 0.0312500 U LOR 8
'(Q David F.Kunsemiller
r" '9 v III: 1 x 0.18 x 160/640 0.0450000 LOR 4
n � I
�w Colorado State Bank and Trust
� Company, N.A., Trustee of the P.E.
60 1 ' ' m McClintock T/U/W for the benefit of
Elizabeth M.Nikoloric
05 IV: 0.25 x 0.1666667 x 160/640 0.0104167 LOR 2
F
US Bank, N.A., Trustee of the P.E.
McClintock T/U/W for the benefit of
Mary M. Swift
IV: 0.25 x 0.1666667 x 160/640 0.0104167 LOR 3
Bill Barrett Corporation Page 7
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First Interstate Bank of Denver, N.A.
and Jenrose G. Billote, Trustees of the
Family Trust created May 24, 1985
IV: 0.125 x 160/640 0.0312500 U
Bill Barrett Corporation
I: 0.5 x 160/640 1
III: 0.492 x 160/640 4
IV: 0.3121667 x 160/640 0.3260416 WI 2,3,5-7
Anschutz Exploration Corporation
I: 0.2898333 x 160/640 1
III: 0.3065 x 160/640 4
IV: 0.1865 x 160/640 0.1957083 WI 2,3,5-7
Bonanza Creek Energy Operating
Company,LLC
II: 0.875 x 160/640 0.21875001 WI 8
TOTAL: 1.0000000
Record title to Oil and Gas Lease No. 8 remains in El Camino Resources, Inc. and
Raymund A. Torella. From the materials examined,however, it appears Bonanza Creek
Energy Operating Company,LLC may have succeeded to El Camino Resources,Inc.and
Raymund A.Torella's interest in the same. See Title Comment and Requirement No.6.
OWNERSHIP
TRACT I
Surface and All Minerals
Lois Ann Rovira All
Bill Barrett Corporation Page 9
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Working Interest Lease No.
Bill Barrett Corporation 60.00000%
(50.00000%NRI) 1
Anschutz Exploration Corporation 40.00000%
(28.98333%NM)
TRACT II
Surface
Xor Chia Moua and May See Moua, as
joint tenants All
Oil.Gas and Other Minerals
Weld County,Colorado All
Oil and Gas Leasehold
Landowner's Royalty Interest Lease No
Weld County,Colorado 12.50000% 8
Overriding Royalty Interest
None of record
Working Interest Lease No.
Bonanza Creek Energy Operating All' 8
Company,LLC (87.50000%NM)
Record title to Oil and Gas Lease No. 8 remains in El Camino Resources, Inc. and
Raymund A. Torella. From the materials examined, however, it appears Bonanza Creek
Energy Operating Company, LLC may have succeeded to El Camino Resources, Inc.and
Raymund A.Torella's interest in the same. SeeTtle Comment and Requirement No.6.
nw
Bill Barrett Corporation Page 23
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Date: September 17,2010
Description: Township 5 North,Range 61 West,6th P.M.
Section 21: SW/4
containing 160.00 acres,more or less
Term: Five years and so long thereafter.
Royalty: 1/6
Delay Rentals: None;this is a paid-up lease,
Lease Form: Producers 88
Rocky Mountain 1989
(Paid-Up Rev. 1996 adc)
Lesser Interest Clause: Yes
Entireties Clause: No
Shut-In Gas
Royalty Clause: Yes; $1.00 per year per net mineral acre covered
by the lease.
Pooling or
Unitization Clause: Yes;broad form.
Special Provisions: Lessee is granted an option to renew this lease
under the same terms and provisions for an
additional two years from the end of the primary
term for a sum of $200.00 per net acre prior to
expiration of said lease.
Recording Data: Recorded December 17, 2010 at Reception No.
3739814 of the Weld County records.
Lease No. 8
Lessor: Weld County, Colorado, a political subdivision of
the State of Colorado, acting by and through the
Board of County Commissioners of the County
of Weld
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Lessee: El Camino Resources, Inc. and Raymund A.
Tonella
Date: July 9,2003
Description: Township 5 North.Range 61 West,6"P.M.
Section 21: NE/4
containing 160.00 acres,more or less
Term: From July 9, 2003 until twelve o'clock noon on
July 8, 2006 and so long thereafter; by Resolution
this lease was extended an additional six months
commencing July 8, 2006 and ending January 8,
2007 pursuant to the lease terms. Please see
Paragraph No. 1 under the topic"Extensions of Oil
and Gas Leases" and Title Comment and
Requirement No. 6.
Royalty: 12.5%
Delay Rentals: If this lease is extended for an additional term as
provided for in the extension paragraph described
under the special provisions below, Lessee shall
pay to Lessor the sum of$1.00 per acre for the
land covered hereby as delayed rental for the term
of the extension. Rentals set at the time of
established production shall be paid during the
remaining life of this lease, annually, in advance
• on or before each anniversary date.
Lease Form: None
Lesser Interest Clause: Yes
Entireties Clause: No
Shut-In Gas
Royalty Clause: Yes; except, however, that beginning on the
anniversary date next, of the year of an extension
of the lease by reason of a shut-in well, Lessee
shall pay to lessor a shut-in royalty equal to $2.00
Bill Barrett Corporation Page 26
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monthly average of 15 barrels per day or 90
MG./D.
5. Lessee agrees to protect the leased land from
drainage by offset wells located on the
adjoining lands not owned by Lessor, when
such drainage is not compensated for by
counter-drainage.
6. Lessee may make a written application to
Lessor for an extension of this lease. This
lease will be extended no more than 6 months
from the original expiration date, lessee shall
pay Lessor one-third of the original bonus,
with a minimum bonus of$10.00 per acre, and
the Lessee must pay Lessor the sum of$1.00
per acre leased as delayed rental for the term of
the extension.
7. Lessor does not warrant title to the leased
premises.
Recording Data: Recorded August 18, 2003 at Reception No.
3096557 of the Weld County records.
RATIFICATION OF OIL AND GAS LEASE
By Instrument dated December 3, 2010, recorded February 28,2011 at Reception
No. 3752979 of the county records, Peggy DeLidle, a/k/a/ Petty Ann DeLidle, as
Successor Personal Representative of the Estate of George Richard Foreman,ratified Oil
and Gas Lease No. 5 effective as of September 15,2010.
EXTENSIONS OF OIL AND GAS LEASES
1. By Resolution dated July 5, 2006, recorded August 11, 2006 at Reception
No. 3411222 of the county records, Weld County granted Bonanza Creek Energy
Operating Company,LLC's request to extend Oil and Gas Lease No. 8 for a period of six
months,commencing July 8, 2006 and ending January 8, 2007. See Title Comment and
Requirement No.6.
2. By Affidavit of Extension of Oil and Gas Leases executed August 3,2011,
recorded August 11, 2011 at Reception No, 3785811 of the county records, Ralph E.
MePhetridge, as Senior Vice President Corporate Development/Land of Bonanza Creek
Bill Barrett Corporation Page 25
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per acre per annum in addition to the annual rental.
The minimum amount of such shut-in royalty
payment shall be $240.00. The maximum
extension of the lease due to the existence of a
shut-in well shall be 5 years beyond the extension
term described in the special provisions below.
Pooling or
Unitization Clause: Yes; providing Lessee may at any time pool any
part or all lands or lease or any stratum or strata
with other lands and leases, stratum or strata, in
the same field to constitute a spacing unit to
facilitate an orderly well-spacing pattern or to
comply with any order, rule or regulation of the
COGCC, and providing that in the event Lessor
permits the lands leased to be included in a
communitization or unitization agreement, the
terms of this lease may be deemed modified to
conform to such agreement and when only a
portion of the land under this lease is committed
by an agreement, Lessor may segregate the land
and issue a separate lease for each portion not
committed thereunder.
Special Provisions: 1. This lease contains a 60-day continuous
drilling clause.
2. Lessee, with consent of Lessor, may assign all
or part of the lands covered by this lease,but in
no less than approximately 40 acre tracts. If
any assignment of a portion of the lands
covered by this lease is approved, a new lease
shall be issued for those lands assigned.
3. Lessee shall notify Lessor of all assignments of
undivided percentages or other interests.
4. Any and all reservations or assignments of
overriding royalties shall be subject to Lessor
approval and the same shall not exceed 5%,
including any overriding royalty previously
provided for unless production exceeds a
k;s .-7-54p. 6/AI SPA.a
Bill Barrett Corporation Page 34
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in the event the probate ' not a Colorado probate,it
may be necessary to co uct ancillary probate
proceedings in the State of lorado to properly
ass title to this interest. If yo etermine from
su information that someone othe than Lillian
Davis to succeed to Dean Davis' inte in Tract
IV,you s uld obtain leases from them.
An , natty, Lease No. 7 is executed Vicky L.Higginbotham whop its to
be the Executo d Attorney-in-Fact for the state of Francis Irene Sublett. e
materials examined fain the Last Will and Te ent of Francis Irene Sublett, i
which Vicky L. Higginbo is named as the sole and Letters of Appointment,
appointing Vicky L. Higgin am as the executor of estate, which estate was
probated in Pottawattamie Count , owa. These probate doc is were filed with and
accepted by the District Court in El P County,Colorado pursuan o Colo.Rev.Stat. §
15-13-205,which gives foreign personal resentatives all the powers local personal
representative, including the power to co ey Colorado real property personal
representative's deed. However, the materia xamined do not contain a ersonal
representative's deed in favor of Vicky L.Higginbo
)tEOUIREMENT: (e) Vicky L. Higginboth ould execute and
file for record in Weld County, lorado a personal
representative's deed conveying the decedent's
mineral interest in Tract IV in favor of herself.
6. Weld County owns 100%of the minerals underlying Tract II. Oil and Gas
Lease No. 8 covering Tract II dated July 9, 2006 was executed in favor of El Camino
Resources, Inc. and Raymund A.Torella. Thereafter,the record contains the Assignment
and Bill of Sale discussed in Paragraph No. 3 under the topic "Assignments of Oil and
Gas Leases" above, from Bonanza Creek Operating Company, LLC to Bonanza Creek
Energy Operating Company, LLC. We examined the Weld County ICRIS website for
any assignments of interests in Oil and Gas Lease No. 8 out of El Camino Resources,Inc.
and Raymund A. Torella and found none. We did,however, locate a Resolution dated
July 5, 2006, recorded August 11, 2006 at Reception No. 3411222, in which Weld
County,Colorado granted Bonanza Creek Energy Operating Company,LLC's request to
extend Oil and Gas Lease No. 8 for a period of six month ending January 8, 2007. Thus,
it appears there is a missing assignment or assignments out of El Camino Resources,Inc. j
and Raymund A. Torella covering their interest in Oil and Gas Lease No. 8. We have
assumed for purposes of this opinion that Bonanza Creek Energy Operating Company,
LLC owns an undivided 100% leasehold interest in Tract II and no overriding royalty
interests burden this interest. However, we direct your attention to Paragraph No. 4
under the topic "Liens and Encumbrances" above in which Holmes Eastern Company,
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LLC purports to burden its interest in Oil and Gas Lease No. 8, among other leases and
interests,which indicates this assumption may be incorrect.
)tEOUIREMENT: (a) You must conduct an investigation to locate
the missing assignment(s),if any, out of El Camino
Resources, Inc. and Raymund A. Torella, and/or
their assigns, to ensure the same conveyed an
undivided 100% leasehold interest in Oil and Gas
Lease No. 8, without reservation, and the same
should be recorded in Weld County, Colorado. If
you discover Bonanza Creek Energy Operating
Company, LLC does not own an undivided 100%
leasehold interest in Oil and Gas Lease No. 8 or that
such interest is burdened by overriding royalty
interests, you should supply such assignment(s), if
any, for our examination and further comment, and
we will revise the Ownership and Division of
Production schedules set out above. a )
(b) Also,please note that under the terms of Oil
Uv
611)7
and Gas Lease No. 8,the Lessee must obtain prior 7i /
consent of the Lessor to assign the entire leasehold
interest and/or overriding royalty interests in all or
part of the lands covered. Thus,in the event you do
locate the missing assignment(s) discussed in
Requirement No. 6 (a) above, if any, you should
ensure such assignment(s)were properly consented
to.
The county records also contain an Affidavit of Extension of Oil and Gas Leases
executed August 3,2011,recorded August 11,2011 at Reception No. 3785811, in which
the Senior Vice President of Bonanza Energy Operating Company, LLC states that
production of oil and gas was obtained from Bonanza's Pronghom #31-21 well in the
NW/4NE/4 of Section 21, and that such production is sufficient to extend Oil and Gas
Lease No. 8 beyond its primary term. According to the COGIS records, first production
from the Pronghorn #31-21 Well located in the NW/4NE/4 of Section 21 occurred on
December 28,2006(before the end of the extended lease term on January 8,2007). The
COGIS records also state that as of December 2012 the Pronghorn#31-21 Well was still
producing from the Niobrara formation. Further, nothing in the materials examined
indicates there is a top lease to Oil and Lease No. 8. Thus, Oil and Gas Lease No. 8 j
appears to be held by production.
Bill Barrett Corporation Page 36
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REOUIREMENT: (c) You should satisfy yourself that Oil and Gas
Lease No. 8 remains held by production in paying
quantities from the Pronghorn #31-21 Well located
in the NW/4NE/4 of Section 21 and that such
production will continue in effect beyond the
drilling and completion of your proposed well. If
you determine Oil and Gas Lease No. 8 is not held
by production, you should get a lease from Weld
County.
7. Your attention is invited to the rights-of-way set out under the topic
"Easements and Rights-of-Way" above. In certain instances, the particular locations of
these rights-of-way are not set out in the instruments of conveyance.
REQUIREMENT: (a) In conducting your surface inspection as
called for in Paragraph No. 19, below, particular
attention should be paid to the locations of these
rights-of-way and all operations on the premises
should be conducted in such a manner as not to
unduly interfere with the rights vested in the owners
thereof.
In addition, your attention is invited to the fact that the Pipeline Rights-of-Way
discussed in Paragraph Nos. 4 and 5 under the same topic were executed by John W.
MeMannama, as power of attorney for David F. Kunsemiller. No power-of-attorney
from David F. Kunsemiller to John W.McMannanut has been recorded in Weld County,
Colorado. In Colorado,powers of attorney must be recorded in the same county in which
the conveyance was recorded. Colo.Rev. Stat. §38-30.123.
REQUIREMENT: (b) None;advisory only. However, in the event
you are interested in the ownership of the subject
rights-of-way, you should obtain a power of
attorney for John W. McMannama as attorney-in-
fact for David F. Kunsemiller, and the same should
be filed for record in Weld County,Colorado.
8. Your attention is invited to the Deeds of Trust set out in Paragraph Nos. 1
and 2 under the topic "Liens and Encumbrances" above. Neither of these instruments
will have any effect upon your oil and gas leasehold title. They are both past due and
delinquent.
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REQUIREMENT: (a) None; advisory only. However, in the event
you intend to acquire any interest in the surface of
the Tracts II and IV, you should obtain releases of
these instruments to the extent of the interest you
acquire.
Your attention is also invited to the Mortgage and related instruments set out in
Paragraph No. 3 covering Bonanza Creek Energy Operating Company,LLC's interest in
Oil and Gas Lease No. 8, and including as-extracted collateral.
REQUIREMENT: (b) None; advisory only. However, in the event
you intend to acquire any interest in Oil and Gas
Lease No. 8 covering Tract II, you should obtain
releases of these instruments to the extent of the
interest you acquire.
Finally, your attention is invited to the Mortgage and Financing Statement set out
in Paragraph No. 4. In these instruments, Holmes Eastern Company, LLC purports to
burden its interest in Oil and Gas Lease No. 8,among other leases and interests. Holmes
Eastern Company,LLC owns no record interest in Oil and Gas Lease No. 8. However,as
noted above, there may be a missing assignment or assignments out of El Camino
Resources,Inc. and Raymund A.Torella(the record title owner of Oil and Gas Lease No.
8). Thus,Holmes Eastern Company,LLC may or may not be a stranger to title.
REQUIREMENT: (c) None; advisory only. However, in the event
you intend to acquire any interest in Oil and Gas
Lease No. 8 covering Tract II, you should obtain
releases of these instruments to the extent of the
interest you acquire.
9. Your attention is invited to the Assignment, Bill of Sale and Conveyance
discussed in Paragraph No. 4 under the topic "Assignments of Oil and Gas Leases,"
whereby EOG Resources, Inc. conveyed to Anschutz Exploration Corporation an
undivided 40% of its interest in Oil and Gas Lease Nos. 1-7, and other leases, and I
reserved an overriding royalty interest equal to the difference between 20% and existing
burdens. This Assignment provides that the reserved override is subject to proportionate
reduction (mineral and leasehold), but does not explicitly state that such overriding
royalty shall also be proportionately reduced to the interest assigned(40%). Nonetheless,
for purposes of this opinion we have assumed that the parties intended that the reserved
overriding royalty interest also be proportionately reduced to the 40%interest assigned.
REQUIREMENT: None;advisory only.
J
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Weld County
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Legend
Weld County Mineral Interest
Bill Barrett Corporation MI 640 Acre Drilling and Spacing Unit 0 0.5 1
iimil i Miles
Weld County
Division Order Plat 5N-61W,Sec.20
160/640=.25 TPF X.125 Royalty interest= 0500 RI in the Spacing Unit
05/05/2014
We1dCa,ntyDivbbrArderPlat SN61Weec21 201!0505 mcd by-qc
COGIS - WELL Information Page 1 of 1
COGIS - WELL Information
Scout Card t Related Q Insp. Q MIT • GIS a Doc li Wellbore Orders
Surface Location Data for API # 05-123-38212 Status: DG 1
Well Name/No: Kunsemiiler#5-61-21-1609BH (click well name for production)
Operator: BARRETT CORPORATION* BILL - 10071
Status Date: 11/16/2013 10:00:00 AM Federal or State Lease#:
County: WELD#123 Location: NWNW 21 5N
Field: NE RIVERSIDE II -#57250 Elevation: 4,642 ft.
Planned Location 1291 FNL 301 FWL Lat/Long: 40.390297/-104.222581 Lat/Long Sour(
aVs a•.4 r.. Job Date: 3/3/2014 Reported: 3/11/2014 Days to report:
Chemical Disclosure Registry
Wellbore Data for Sidetrack #00 Status: DG 11
Spud Date: 11/16/2013 Spud Date is: ACTUAL
Wellbore Permit HORIZONTAL
Permit#: Expiration Date: 10/3/2015 7:37
Prop Depth/Form: 10628 Surface Mineral Owner Same: Y
Mineral Owner: FEE Surface Owner: FEE
Unit: Unit Number:
Formation and Spacing: Code: NBRR , Formation: NIOBRARA , Order: 535-361 , Unit Acreage: 640, Drill Ur
Casing: String Type: CONDUCTOR , Hole Size: 20, Size: 16, Top: 0, Depth: 60, Weight: 65
Cement: Sacks: 50, Top: 0, Bottom: 60, Method Grade:
Casing: String Type: SURF , Hole Size: 13.5, Size: 9.625, Top: 0, Depth: 800, Weight: 36
Cement: Sacks: 430, Top: 0, Bottom: 800, Method Grade:
Casing: String Type: 1ST , Hole Size: 8.75, Size: 7, Top: 0, Depth: 6430, Weight: 26
Cement: Sacks: 540, Top: 600, Bottom: 6430, Method Grade:
Casing: String Type: 1ST LINER , Hole Size: 6.125, Size: 4.5, Top: 5600, Depth: 10628, We
Cement: Sacks: , Top: , Bottom: , Method Grade:
Wellbore Completed
Completion Date: N/A
Measured TD: Measured PB depth:
True Vertical TD: True Vertical PB depth:
Top PZ Location: Sec: 21 Twp: 5N 61W Footage: 1120 FFNLL 650 FFWLL Depth
Bottom Hole Location: Sec: 21 Twp: 5N 61W Footages: 1120 FFNLL 500 FFELL Depth
Formation Log Top Log Bottom C
Completed information for formation N-COM Status: SI 4
1st Production Date: N/A Choke Size:
Status Date: 4/9/2014 Open Hole Completion:
Commingled: Production Method:
Formation Name: NOT COMPLETED Status: SI
Tubing Size: Tubing Setting Depth:
Tubing Packer Depth: Tubing Multiple Packer:
Open Hole Top: Open Hole Bottom:
No Initial Test Data was found for formation N-COM .
No Perforation Data was found for formation N-COM .
http://cogcc.state.co.us/cogis/FacilityDetail.asp?facid=12338212&type=WELL 5/30/2014
COGIS - WELL Information Page 1 of 1
COGIS - WELL Information
Scout Card b E. Related Q Insp. Q MIT 0 GIS a Doc if Wellbore - Orders
Surface Location Data for API # 05-123-38224 Status: WO i
Well Name/No: Kunsemiller#5-61-21-1724BH (click well name for production)
Operator: BARRETT CORPORATION" BILL- 10071
Status Date: 4/1/2014 Federal or State Lease#:
County: WELD#123 Location: NWNW 21 5h
Field: NORTH RIVERSIDE -#60130 Elevation: 4,643 ft.
Planned Location 1311 FNL 300 FWL Lat/Long: 40.390243/-104.222582 Lat/Long Sour
alll.y� e`� ,. Job Date: 3/2/2014 Reported: 3/27/2014 Days to report
Chemical Disclosure Registry
Wellbore Data for Sidetrack #00 Status: WO 4/
Spud Date: 11/15/2013 Spud Date is: ACTUAL
Wellbore Permit HORIZONTAL
Permit#: Expiration Date: 10/3/2015 2:4:
Prop Depth/Form: 9356 Surface Mineral Owner Same:
Mineral Owner: FEE Surface Owner: FEE
Unit: Unit Number:
Formation and Spacing: Code: NBRR , Formation: NIOBRARA , Order: 535-361 , Unit Acreage: 640, Drill Ur
Casing: String Type: CONDUCTOR , Hole Size: 24, Size: 16, Top: 0, Depth: 60, Weight: 65
Cement: Sacks: 50, Top: 0, Bottom: 60, Method Grade:
Casing: String Type: SURF , Hole Size: 13.5, Size: 9.625, Top: 0, Depth: 800, Weight: 36
Cement: Sacks: 430, Top: 0, Bottom: 800, Method Grade:
Casing: String Type: 1ST , Hole Size: 8.75, Size: 7, Top: 0, Depth: 6450, Weight: 26
Cement: Sacks: 540, Top: 600, Bottom: 6450, Method Grade:
Casing: String Type: 1ST LINER , Hole Size: 6.125, Size: 4.5, Top: 5600, Depth: 9356, Welt.
Cement: Sacks: , Top: , Bottom: , Method Grade:
Wellbore Completed
Completion Date: N/A
Measured TD: Measured PB depth:
True Vertical TD: True Vertical PB depth:
Top PZ Location: Sec: 21 Twp: 5N 61W Footage: 1740 FFNLL 650 FFWLL Depth
Bottom Hole Location: Sec: 21 Twp: 5N 61W Footages: 1740 FFNLL 1784 FFELL Depth
Formation Log Top Log Bottom C
Completed information for formation N-COM Status: WO
1st Production Date: N/A Choke Size:
Status Date: 4/1/2014 Open Hole Completion:
Commingled: Production Method:
Formation Name: NOT COMPLETED Status: WO
Tubing Size: Tubing Setting Depth:
Tubing Packer Depth: Tubing Multiple Packer:
Open Hole Top: Open Hole Bottom:
No Initial Test Data was found for formation N-COM .
No Perforation Data was found for formation N-COM .
http://cogcc.state.eo.us/cogis/FacilityDetail.asp?facid=12338224&type=WELL 5/30/2014
COGIS - WELL Information Page 1 of 1
COGIS - WELL Information
Scout Card f= Related al Insp. O MIT O GIS a Doc if Wellbore a Orders
Surface Location Data for API # 05-123-38223 Status: DG 1
Well Name/No: Kunsemiller#5-61-21-3225BH (click well name for production)
Operator: BARRETT CORPORATION* BILL- 10071
Status Date: 11/14/2013 11:00:00 AM Federal or State Lease#:
County: WELD#123 Location: NWNW 21 51`
Field: NORTH RIVERSIDE -#60130 Elevation: 4,643 ft.
Planned Location 1331 FNL 300 FWL Lat/Long: 40.390188/-104.222583 Lat/Long Sour
WI" Job Date: 2/27/2014 Reported: 3/27/2014 Days to report
Chemical Disclosure Registry
Wellbore Data for Sidetrack #00 Status: DG 11
Spud Date: 11/14/2013 Spud Date is: ACTUAL
Wellbore Permit HORIZONTAL
Permit#: Expiration Date: 10/3/2015 2:4:
Prop Depth/Form: 10705 Surface Mineral Owner Same:
Mineral Owner: FEE Surface Owner: FEE
Unit: Unit Number:
Formation and Spacing: Code: NBRR , Formation: NIOBRARA , Order 535-361 , Unit Acreage: 640, Drill Ur
Casing: String Type: CONDUCTOR , Hole Size: 24, Size: 16, Top: 0, Depth: 60, Weight: 65
Cement: Sacks: 50, Top: 0, Bottom: 60, Method Grade:
Casing: String Type: SURF , Hole Size: 13.5, Size: 9.625, Top: 0, Depth: 800, Weight: 36
Cement: Sacks: 430, Top: 0, Bottom: 800, Method Grade:
Casing: String Type: 1ST , Hole Size: 8.75, Size: 7, Top: 0, Depth: 6550, Weight: 26
Cement: Sacks: 550, Top: 600, Bottom: 6550, Method Grade:
Casing: String Type: 1ST LINER , Hole Size: 6.125, Size: 4.5, Top: 5700, Depth: 10705, We
Cement: Sacks: , Top: , Bottom: , Method Grade:
Wellbore Completed
Completion Date: N/A
Measured TD: Measured PB depth:
True Vertical TD: True Vertical PB depth:
Top PZ Location: Sec: 21 Twp: 5N 61W Footage: 2260 FFNLL 650 FFWLL Depth
Bottom Hole Location: Sec: 21 Twp: 5N 61W Footages: 2260 FFNLL 500 FFELL Depth
Formation Log Top Log Bottom C
Completed information for formation N-COM Status: SI
1st Production Date: N/A Choke Size:
Status Date: 4/9/2014 Open Hole Completion:
Commingled: Production Method:
Formation Name: NOT COMPLETED Status: SI
Tubing Size: Tubing Setting Depth:
Tubing Packer Depth: Tubing Multiple Packer:
Open Hole Top: Open Hole Bottom:
No Initial Test Data was found for formation N-COM .
No Perforation Data was found for formation N-COM .
http://cogcc.state.co.us/cogis/FacilityDetail.asp?facid=12338223&type=WELL 5/30/2014
COGIS - WELL Information Page 1 of 1
COGIS - WELL Information
Scout Card C Related Q Insp. Q MIT • GIS a Doc 11 Wellbore a Orders
Surface Location Data for API # 05-123-38211 Status: WO
Well Name/No: Kunsemiller#5-61-21-0108BH (click well name for production)
Operator: BARRETT CORPORATION* BILL- 10071
Status Date: 4/1/2014 Federal or State Lease#:
County: WELD#123 Location: NWNW 21 5I`
Field: NORTH RIVERSIDE -#60130 Elevation: 4,642 ft.
Planned Location 1271 FNL 301 FWL Lat/Long: 40.390352/-104.22258 Lat/Long Sour
"s a sK w- Job Date: 3/5/2014 Reported: 3/11/2014 Days to report
Chemical Disclosure Registry
Wellbore Data for Sidetrack #00 Status: WO 4/
Spud Date: 11/17/2013 Spud Date is: ACTUAL
Wellbore Permit HORIZONTAL
Permit#: Expiration Date: 10/3/2015 7:3'
Prop Depth/Form: 10717 Surface Mineral Owner Same: Y
Mineral Owner: FEE Surface Owner: FEE
Unit: Unit Number:
Formation and Spacing: Code: NBRR , Formation: NIOBRARA , Order: 535-361 , Unit Acreage: 640, Drill Ur
Casing: String Type: CONDUCTOR , Hole Size: 20, Size: 16, Top: 0, Depth: 60, Weight: 65
Cement: Sacks: 50, Top: 0, Bottom: 60, Method Grade:
Casing: String Type: SURF , Hole Size: 13.5, Size: 9.625, Top: 0, Depth: 800, Weight: 36
Cement: Sacks: 430, Top: 0, Bottom: 800, Method Grade:
Casing: String Type: 1ST , Hole Size: 8.75, Size: 7, Top: 0, Depth: 6515, Weight: 26
Cement: Sacks: 550, Top: 600, Bottom: 6515, Method Grade:
Casing: String Type: 1ST LINER , Hole Size: 6.125, Size: 4.5, Top: 5700, Depth: 10717, We
Cement: Sacks: , Top: , Bottom: , Method Grade:
Wellbore Completed
Completion Date: N/A
Measured TD: Measured PB depth:
True Vertical TD: True Vertical PB depth:
Top PZ Location: Sec: 21 Twp: 5N 61W Footage: 500 FFNLL 650 FFWLL Depth
Bottom Hole Location: Sec: 21 Twp: 5N 61W Footages: 500 FFNLL 500 FFELL Depth
Formation Log Top Log Bottom C
Completed information for formation N-COM Status: WO
1st Production Date: N/A Choke Size:
Status Date: 4/1/2014 Open Hole Completion:
Commingled: Production Method:
Formation Name: NOT COMPLETED Status: WO
Tubing Size: Tubing Setting Depth:
Tubing Packer Depth: Tubing Multiple Packer:
Open Hole Top: Open Hole Bottom:
No Initial Test Data was found for formation N-COM .
No Perforation Data was found for formation N-COM .
http://cogcc.state.co.us/cogis/FacilityDetail.asp?facid=12338211&type=WELL 5/30/2014
COUNTY ATTORNEY STAFF APPROVAL
This is to affirm the attached Division Order and authorization to receive payment for an
oil and gas well has been reviewed by the County Attorney's staff as to form and legal
description.
Well Name(s): Kunsemiller 5-61-21-1609BH File Location: LE0215
Kunsemiller 5-61-21-1724BH
Kunsemiller 5-61-21-3225BH
Kunsemiller 5-61-21-0108BH
BY:; ; �f cep DATE: S-"
Stephanie Arries
Assistant County Attorney
NOTES: 160 mineral acres/ 640 acres spacing unit *20% = .05 MATCH
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