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Home My WebLink About780009.tiff RESOLUTION RE: AUTHORIZATION TO SIGN OIL AND GAS DIVISION ORDER REGARDING MARTIN OIL SERVICE, INC. , 4501 WEST 127TH STREET, ALSIP, ILLINOIS 60658, LOCATED IN WELD COUNTY, COLORADO. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Weld County, Colorado is the holder of a certain lease with Martin Oil Service, Inc. Said lease covers land more particularly described as follows, to-wit: Township 1 North, Range 67 West Section 6 : Nigh, containing 151. 71 acres more or less WHEREAS, Martin Oil Service, Inc. has submitted an Oil and Gas Division Order on the subject property. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that said Board does hereby execute the Oil and Gas Division Order as submitted by Martin Oil Service, Inc. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of January, A.D. , 1978. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ,, 'Ira) ATTEST: t�AA l't,4n..�'',. �" l l� .l y✓ o„ . E I a-E ,, Weld County Clerk and Re order cl,,,Clerk to the Bo r 6. Deputy County lerk APPROVED AS TO FRM: 14. County Attorney 1-�O1O%-k - 1 / f ' Date Presented: " � February 1 , 1978 1__ O / O 'fy __ a. 78006;(1 OIL AND GAS DIVISION ORDER MARTIN OIL SERVICE , INC. Order No. 0053 Unit Dacono #1 , 2 , 3 , 4 Effective Date August 2 , 1977 TO: Martin Oil Service, Inc . 4501 West 127th Street Alsip, Illinois 60658 Each of the undersigned , for himself, his heirs , successors and assigns , hereby represents , warrants and guarantees to Martin Oil Service , Inc . (hereinafter referred to as the Company) , that he is the legal owner of the interest , as set opposite his name below, in the proceeds from all oil and natural gas which may be produced from or allocated to the pre- mises , located in the County of Weld, State of Colorado, and more par- ticularly described as follows : Township I North , Range 67 West , 6th P .M. Weld County, Colorado : Section 6 : Northwest Quarter (NW/4) , containing 151 . 71 acres more or less Commencing on the effective date hereof, the Company is hereby granted and authorized to take and receive all oil , condensates and natural gas which may be hereafter produced from the premises , and, subject to the other terms and conditions hereof, to give credit therefor to the under- signed in accordance with the division of interest schedule as follows : SOCIAL SECURITY OR DIVISION TAX IDENTIFICATION OF CREDIT TO NUMBER ADDRESS INTEREST % County of Weld, a Weld County 1 . 26425% R. I . po icical sub - Box 758 division of the Gr�ee'ley, Colorado State of Colorado 80631 010378 -PAN - 1 - Additionally, the undersigned agree , grant and rep- resent to and with the Company as follows : 1 . Oil (including crude oil and condensate produced on the premises) shall become the property of the purchaser thereof upon its delivery to the purchaser or to the purchaser ' s agent or carrier, and settlements therefor shall be based upon the net price received therefor from the Purchaser . Oil shall be graded and measured in accordance with applicable rules and regulations or standards generally accepted in the industry. In the event that the Company is the purchaser of such oil , settlements therefor shall be based upon the Company' s posted price for similar oil in the field where produced and in effect on the date of delivery, or if no posted price is then in effect , settlements shall be based upon the then prevailing market price on the date of delivery there- of in the field where produced . If the oil is purchased by the Company and resold thereby to another purchaser accepting delivery thereof on the premises , settlements hereunder shall be based on the net price received therefor by the Company. The Company may deduct from any price received for the oil the reasonable costs of transporting and/or treating the same. 2 . Gas produced from the premises , including casinghead gas if marketed with gas well gas, shall be delivered to and become the property of the pipeline company to whom the gas is agreed to be sold by the Company. Initially, the gas shall be delivered to Pan- handle Eastern Pipe Line Company pursuant to a Gas Purchase Agree- ment dated March 13, 1975 , including any modifications and amendments thereto , and for so long as that Agreement shall remain in force and effect with respect to the premises . Settlements to the under- signed shall be based upon the terms , conditions and prices for said gas as agreed with the pipeline company, less any costs of treatment , compression, transmission or dehydration. 3 . Oil and natural gas produced and sold from the premises : s or may become subject to orders of certain regulatory authorities who could vary the terms of any agreement for the production or sale thereof. To the extent that such orders do modify or change current sales or production arrangements , the provisions thereof, as well as the provisions hereof, shall be so modified accordingly. 4 . Settlements hereunder for oil and gas shall be made monthly by the Company mailing or delivering its check to the under- signed at the address indicated, in an amount, less taxes required to be withheld, calculated in accordance with the schedule of interest as herein contained. Settlements shall be mailed no later than the 20th day of each month for oil and/or gas taken or sold during the second preceding calendar month. The Company is authorized to withhold from any settlement due for gas sold and delivered, an amount , not to exceed 10% thereof, to provide for the contingency that a regulatory authority may hereafter require a reduction in the price of gas sold and delivered from the premises , and require further that the producers thereof, including the Company and the undersigned , reimburse the purchaser of the gas for amounts deemed to be excessive in the price of the gas theretofore sold and delivered. Upon such contingency being removed , all amounts so withheld shall be paid to the person from whom withheld. In the event that the Company does withhold such amounts for such periods as it deems reasonable , the amounts so withheld shall be deposited at interest for the benefit of the undersigned in a bank or financial institution of the Company ' s selection, and the undersigned , upon payment of any amount so withheld , shall receive any interest actually paid on the amount so deposited ; however, the Company shall not be responsible for the amount or rate of interest earned thereon if the monies are deposited with a chartered bank or similar institution. - 2 - 5. The undersigned individually warrant that they are the owner of their respective interest as herein set forth and that in the event of an adverse claim made thereto or in the event ownership of the undersigned's interest is not substantiated by record examination, the Company may retain any and all settlements due therefor, without interest, until such claim or ownership of the interest is settled, fully adjudicated or otherwise determined, or until the Company is adequately indemnified therefor by the parties claiming such interest. The Company may, at any time, require the undersigned to furnish proof of its title to its interest including abstracts of title or other pertinent records or documents. 6. The undersigned shall notify the Company of any change in the owner- ship of their interest, and the Company shall not be liable for nor shall it be required to recognize any change in ownership unless and until the Company shall actually receive a certified copy of the instrument changing such interest and the transferee thereof executes and returns to the Company such transfer order or amended division order as the Company may reasonably require. In no event, shall the Company be required to give effect to any change of interest of the undersigned prior to the first day of the calendar month next following the month in which the Company is notified of such change, regardless of the effective date of the instrument transferring the same. 7. The undersigned hereby represent, grant to and agree with the Company that the interests of the undersigned and of the Company in and to the oil and gas which may be produced from the premises is in full force and effect and that all payments required to be made and all acts required to be done by the Company with respect thereto have been performed. The under- signed hereby releases the Company from any and all claims and damages arising from the purchase and handling of oil or gas from the premises and for making any payments for settlements so long as the same are made in accord- ance with the terms of the division of interest schedule set forth above. 8. In the event that the premises described above, or any part thereof, is included in one or more units now or hereafter formed by order of any appropriate governmental authority, by agreement, or otherwise, the under- signed and the Company recognize and agree that settlement for oil and gas shall be made in accordance with the production allocated to the premises above described without the necessity for the execution of additional or supplemental division orders. To the extent that the premises as described above constitute a previously unitized area, the same is hereby ratified. 9. The provisions hereof shall be binding upon and inure to the benefit of the Company and the undersigned, their respective heirs, successors, administrators and assigns. No change in the ownership of any interest herein described shall have the effect of changing the binding nature hereof. This instrument may be executed in counterparts and all counterparts, if executed, shall be considered to be one instrument. WHEREFORE, the undersigned have executed this Division Order in acknowledgement and consent to the aforegoing terms, warranties and agreements. ESS Y.S S UNDERSIGNED es- County of Weld, a political subdivision of the State of Colorado Tax Identification Number - 3 - WITNESSES UNDERSIGNED 049-4 4.-AeR_ 0 i tY., c dt. C)211/ _ STATE OF COLORADO ) ) SS k A)LINTY OF WELD ) The foregoing instrument was acknowledged before me, a Notary Public, this 1st day of February , 19 78 , by Leonard L. Roe, Victor L. Jacobucci. Norman Carlson and June K. Steinmark and Ed Dunbar WITNESS my hand and official seal. Notary Public My Commission Expires: June 3, 1979 - 4 - Cu ... MARTIN OR SERVICE. INC. ST L A January 16, 1978 COUNTY OF WELD Filed with the Clerk of the Board of County Commissioners JAN 2 31978 RE : Martin Oil Service Division Order Dacono #1 , 2 , 3, 4 COUNTY CLERK ANDRE66110@N NW/4, Section 6, Township 1 By DI tit North, Range 67 West Weld County, Colorado Dear Interest Owner: We have recently begun to produce oil and gas from the referenced unit. In order for us to be able to pay you, we need a signed Division Order. Enclosed please find two copies of the subject Division Order. Please check that your percentage of the interest is correctly shown, and if it is , please : 1 . ) Sign your name on the Division Order. 2. ) Have your signature witnessed and notarized. 3 . ) Indicate your social security number or other tax identification number. 4 . ) Indicate your preferred mailing address if different from the one shown on the attached page . After completing these , please return one copy of the executed Division Order to Martin Oil Service, Inc . in the en- closed envelope and keep the other for your files . Martin is interested in acquiring royalty interests in wells that it operates . If you would consider selling your royalty, please advise this office when you return your signed . Division Order. Sincerely, MARTIN OIL SERVICE, INC. 1&4117, 44 William V. Roberts Vice President Finance WVR/pf enclosures 4501 W. 127th St. ALSIP • P.O. BOX 208, BLUE ISLAND, ILL. 60406 • 312-385-6500 Hello