HomeMy WebLinkAbout780007.tiff a
RESOLUTION
RE : AUTHORIZATION TO SIGN CRUDE OIL AND / OR CONDENSATE DIVISION
ORDER REGARDING STREAM , INC . , C - 111 PETROLEUM CENTER , SAN
ANTONIO , TEXAS , 78209 , 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 STREAM , Inc . Said lease covers land more particularly
described as follows , to -wit :
Southwest of the Northeast Quarter ( SW NE ) of
Section 23 , Township 11 North , Range 56 West in
Weld County , Colorado .
WHEREAS , STREAM , Inc . , has submitted a Crude Oil and /or
Condensate 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 Crude Oil and / or Condensate Division Order and further
authorizes the Chairman of the Board of County Commissioners to
sign the same .
The above and foregoing Resolution was , on motion duly made
and seconded , adopted by the following vote on the 31st day of
May , A . D . , 1978 .
\--Ma rifu � BOARD OF COUNTY COMMISSIONERS
-dtA4w-fAaATTEST : U WELD COUNTY , COLORADO
Weld County Clerk and Recorder 41-m.cloomelL,
,f a Clerk to the o rd.
./ �i
: /47
Deputy Coun Clerk yP) % .
�\ APPR JED AS TO FORM :
C____,
\� .
:)2p„.,,,11:a et4-4.4f------
el
grt
County Attorney
Date Presented : June 5 , 1978
1, 0 / 2. 14 1
(id : Serie 6 A tt ‘- 180007
CRUDE OIL AND/OR CONDENSATE DIVISION ORDER
May 20, 1978
TO: STREAM, INC. ,
C-111 Petroleum Center,
San Antonio, Texas 78209
The undersigned, and each of them guarantee and warrant that they are the
legal owners, subject to all valid oil and gas leases of record, in the pro-
portions set out on Exhibit "A" hereto, of all the crude oil and/or condensate
produced from the following lands designated as the
#1-Weld County-Wheeler Estate _ and described as:
Southwest cf the Northeast Quarter (SW NE)
Section 23 , Township 11 North , Range 56 West in Weld County,
State of Colorado, and commencing at 7:00 a.m. the first day of production,
1978, subject to the covenants appearing below, which same are binding upon
the undersigned, their heirs, devisees, successors, legal representatives
and assigns, you are authorized until further written notice to receive crude
oil and/or condensate therefrom, giving credit as directed on Exhibit 'IA" hereto.
The following covenants are also part of this division order and shall become
valid and binding upon each and every interest owner below named upon execution
hereof by such interest owner, and upon his or her successors, legal represent-
atives and assigns, without regard to whether any other interest owner or
owners have so signed.
FIRST: All crude oil and/or condensate received and purchased hereunder shall
be merchantable crude oil and/or condensate and shall become your property as
soon as the same is received into your custody or that of any carrier designated
by you.
SECOND; The crude oil and/or condensate received and purchased hereunder shall
be delivered f.o.b. to any carrier designated by you which gathers and receives
said crude oil and/or condensate and you agree to pay for such crude oil and/or
condensate to the respective owners according to the division of interests
herein specified at the price being posted or paid by you at the time of such
delivery; provided, however, that whenever it shall become necessary to truck
crude oil and/or condensate from the leased premises, the additional costs
resulting therefrom shall be deducted from the purchase price prior to computing
ravnents to be made hereunder.
THIRD: Settlements and payments shall be made monthly for crude oil and/or
condensate received and purchased during the preceding month, by check, to the
respective parties at the addresses given, for the amount of such purchase price
due said parties respectively, less any taxes required by law to be deducted and
paid by you as purchaser, except that you are authorized to withhold payment due
any individual payee `.until at least fifteen dollars ($15,00) has accumulated to
the credit of such payee, it being agreed, however, that regardless of the amount
so accumulated to the credit of such payee, you will, in December of each year,
make payment of the full amount so credited to each payee for crude oil and/or
condensate purchased during the previous twelve months,
FtUR H: The owner executing this division order, in consideration of payments
by you as above provided for, agrees to pay all royalty owners and all other
persons who may have any right, title or interest in and to said crude oil and/
or condensate and further agrees to protect, indemnify and hold you harmless from
and against any loss, cost or expense which you may suffer or sustain by reason
of such payment regardless of how any such claim or demand may arise, including
all costs or expenses incurred by you in defending your position in any such
claim, suit or action.
FIFTH: Satisfactory abstracts or other evidence of title will be furnished to
you at any time on demand. Upon failure to furnish such evidence of title, er in
the event of a claim or controversy which, in your opinion, concerns title to any
interest hereunder, you may withhold, without interest and without liability,
proceeds of all crude oil and/or condensate received by you hereunder until you
have been furnished with indemnity satisfactory to you or competent evidence that
such claim or controversy has been settled. In tin event any action or suit is
filed affecting title either to the real property above described or to the pro-
duction therefrom in which any of the interest owners are parties, written notice
A' 2 ,t
thereof stating the court in which the same is filed shall be immediately fur-
nished to you by such owner against whom the action is commenced, Each interest
owner agrees to hold you harmless and to protect and indemnify you against any
and all loss, cost, expenses or liability which may arise from such suit.
SIXTH: Working i.nterust owners and/or operators who execute this division
order, and each of them, guarantee and warrant that all crude oil and/or
condensate tendered hereunder has been or will be produced and delivered in
compliance with all federal, state and local laws, orders, rules and regulations.
SEVENTH: No transfer of any interest or change in the right to receive payments
hereunder, however accomplished, shall be effective as to you until 7:00 a.m. on
the first day of the calendar month in which you are furnished a proper division
or transfer order together with proof satisfactory to you evidencing such trans-
fer or change in the right to receive payments hereunder, and you are hereby re-
: ieved of any and all liability for payments made prior to receipt of a proper
transfer order and a certified copy of the instrument of transfer.
EIGHTH: This division order shall remain in full force and effect until can-
celled by any party hereto upon giving sixty days written notice in advance of
any such cancellation which shall be mailed to the respective parties at the
addresses shown herein. Cancellation by any interest owner or owners shall not
be effective as to the interests of any other owner.
NINTH: Incorporated herein by reference are the Crude Oil and/or Condensate
Division Orders issued by Stream, Inc. to UPG, Inc. on March 24, 1978, and to
Western Crude Oil, Inc. on May 11, 1978 for each referenced well.
TENTH: In the event the price received by Operator for the sale of crude oil
and/or condensate hereunder is in excess of pennissable area or guideline rates
established by the Department of Energy and such excess is subject to refund
upon a subsequent finding by the Department of Energy that such excess is un-
lawful, Operator is hereby authorized, at its election, to withhold, without
interest, that portion of all the proceeds accruing hereunder which is subject
to refund until such time as the refund obligation is eliminated by order of
the Department of Energy or by final judgement of a court of competent juris-
diction.
ATTEST: WITNESS OF SIGNATURE SiGNAW OF OWNER
'Pti
107l.I.AA...1^.+474-444tkra .49
eld ount Clerk jy. Recorder Chairman
(:_!,y: ,��JJ/ _« % Board of County Commissioners
eputy Count Clerk Mailing Address
(y
P. 0. Box 758
Greeley, Co. 80632
City, State and ZIP
Tax Identification or Social
Security Number
BE SURE YOUR MAILING ADDRESS IS CORRECT - PRINT OR TYPE - NO ABBREVIATIONS, PLEASE.
TRANSFERS OF INTEREST ACCEPTED FOR PAYMENT RECORDS EFFECTIVE.ONLY OF FIRST OF MONTH.
Alien Box .001953 R. I .
Margaret L. Box .009765 R. I .
Darrell K. Wagner Padroni , Colorado 80745 .001953 R. I .
S.S.N. 522-72-4842
Beryl A. Wagner 2765 County Road 65 .001953 R. I .
Padroni , Colorado 80745
S.S.N. 523-62-7141
Vernon K. McEndaffer Star Route .007813 R. I .
Stoneham, Colorado 80754
S.S.N. 521-44-7174
Lorraine Delcamp .007813 R. I .
Lou Ann Littlefield Stoneham, Colorado 80754 .007813 R. I .
S.S.N. 508-48-9559
David A. McEndaffer .007813 R. I .
The United State of America
Department of the Interior .031250 R. I .
Bureau of Land Management
Weld County, Colorado, A Political
Subdivision of the State of Colorado .035156 R. I .
John R. P. Wheeler 1900 26th Avenue Court .002604 R. I .
Greeley, Colorado 80631
S.S.N. 712-05-6985
Charles A. Wheeler P. 0. Box 645 .002604 R. I .
Greeley, Colorado 80631
S.S.N. 523-26-9660
Sarah E. Powell 230 South Second Street .002604 R. I .
Fowler, California 93625
S.S.N. 529-28-6415
Suspense (pending settlement of quiet title action) .003906 R. I .
Jack D. Gray 1715 Colorado State Bank Building .031250 O.R.R. I .
Denver, Colorado 80202
S.S.N. 524-32-0046
Exhibit "A" to Crude Oil and/or Condensate Division Order dated May 20, 1978
covering #1 Weld County-Wheeler Estate
SW NE, Section 23, T11N-R56W
Weld County, Colorado
STREAM, INC.
C•111 PETROLEUM CENTER
SAN ANTONIO, TEXAS 78209
wiLLis STORM AREA CODE 512
Chairman of the Board 8282181
RICHARD R. STORM
President
WILLIAM W. STORM, III
Vice-President
FRANCES C. HIDELL
Secretary
TO ALL INTEREST OWNERS:
Division Order covering the lease or unit named above is enclosed
in duplicate. If your interest is correctly shown, please execute
and/or secure the execution of the original order in the space pro-
vided and return it to this company at C-111 Petroleum Center, San
Antonio, Texas 78209, retaining the copy for your file.
If the interest in question is in the name of a married person, then
both said person and his or her spouse should execute the Division
Order. If the interest in question is in the name of an unmarried
person, then that person's single status should be recited after
the signature of said person on the Division Order. The signature
of each person executing the order individually should be witnessed
by two competent witnesses.
If the interest is owned by a corporation, it should be executed by
the proper official, attested to and sealed. If the order is executed
by an attorney in fact, a photographic copy of the executed Power of
Attorney should be enclosed when the order is returned.
Please show your Social Security Number or Tax Identification Number
as required by Public Law 87-397, on the attached division order.
If the address shown for you is incorrect, please change it. Also,
if you can supply the addresses omitted on the order, if any,
please do so.
Yours tz,m,
William W. STORM, III
11, rw li `
Hello