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HomeMy WebLinkAbout840004.tiff AR1976969 RESOLUTION RE: APPROVAL OF OIL AND CASINGHEAD GAS DIVISION ORDER CON- CERNING UNION OIL COMPANY OF CALIFORNIA, EQUITABLE BLDG. , SUITE 810 , 730 17TH STREET, DENVER, COLORADO 80202 WHEREAS , the Board of County Commissioners of Weld County, 0 0 Colorado, pursuant to Colorado statute and the Weld County Home o Rule Charter, is vested with the authority of administering the o affairs of Weld County, Colorado, and U WHEREAS , Weld County, Colorado, is the holder of a certain 0 w lease with Cache Exploration, Inc. Said lease covers land more O3 particularly described as follows , to-wit: oa Q NE/4 NW/4 Section 25 - T6N - R66W rx Weld County, Colorado 0 U WHEREAS , Union Oil Company of California has submitted an N Oil and Casinghead Gas Division Order on the subject property, and o iz a WHEREAS , said Division Order has been reviewed by the Weld m U County Attorney, Thomas O. David, and found to be in order, and 0-1Z H WHEREAS , the Board deems it advisable to approve said c H Division Order on the hereinabove described land. o cn NOW, THEREFORE , BE IT RESOLVED by the Board of County Com- m W missioners of Weld County, Colorado, that the Oil and Casinghead 0, k Gas Division Order as submitted by Union Oil Company of California rn z be, and hereby is , approved. The above and foregoing Resolution was , on motion duly made u a and seconded, adopted by the following vote on the 1st day of a August, A.J_;1, 1984. rnr Lf o - BOARD OF COUNTY COMMISSIONERS re) tfl ATTE7SIIL . iv-4"A"-" WELD COUNTY, COLORADO W Wel( punty .Clerk and Recorder and CIO td,t'he Bo Norman Carlson, Chairman epty County erk JSnej&flr0-T em APPROV D AS TO FORM: EXCUSED Genes R. an (#7 it 761 County Attorn 6 C ck Carlson 04:7 T JO4-O ; LHR 2185 n T . Martin 1 / C! Jr-L, 840004 DIVISION ORDER (Oil and Casinghead Gas) JULY 20 84 1O UN It 1N OIL COMPANY OF CALIFORNIA -- ,Linton 76 76 Div iuou -Crude U,i Pw chasing Hcrenwft_r called "t mon" et' O LEASE NO - 2 2-873_444 99 O U L,I,XITABLE BLDG. , SUITE 810 730 1 7TH ST, No �heund , g and fYthey ' legal proportions U e un ersr nee an each of them, certify, and warrant are the owners in the set out below rl la all the oil, and in the proceeds from casinghead gas produced from w CACHE RESOURCES INC . o o — o a GERRY farm described a • w O a U LEGAL DESCRIPTION co e4 u, NE/4 NW/4 SECTION 25 - T6N - R66W o as o WELD COLORADO SEE BELOW o H In County, State of and commencing at 7:00 A.M. E, subject to the provisions appearing on the reverse side hereof, which are binding upon the undersigned, hereinafter called o m Owners, th'ir successors, legal representatives and assigns, Union hereinafter called Purchaser, is authorized to receive wand purchase all oil produced therefrom, and until further written notice give credit and make p.,yment for said oil, and al ] for the proceeds from casinghead gas, as directed below: t" w w MAILING ADDRESS AND Z CREDIT TO DIVISION OF INTEREST TAXPAYER ACCOUNT NO. o THE DIVISION OF INTEREST APPLYING a TO THIS DIVISION ORDER IS SET OUT WIN SUPPLEMENTAL SCHEDULE "A" ATTACHED HERETO AND MADE A PART co ro HEREOF . O -n r ~ " IT IS UNDERSTOOD THAT PAYMENT TO INTEREST OWNERS WILL BE SUBJECT TO w w THE ISSUANCE OF A TITLE OPINION FROM OUR ATTORNEYS, AND ANY INCORRECT PAYMENTS WILL BE REIMBURSED TO UNION, OR UNION SHALL HAVE THE RIGHT --- TO DEDUCT FROM FUTURE PAYMENT ANY SUCH OVERPAYMENTS . UPON ISSUANCE OF THE TITLE OPINION, UNION HAS THE RIGHT TO SUSPEND ANY INTEREST DUE TO TITLE REQUIREMENT . " EFFECTIVE DATE OF FIRST PURCHASE FEDERAL LAW REQUIRES IDENTIFICATION NUMBERS AS FOLLOWS: FOR INDIVIDUALS- -SOCIAL SECURITY NUMBER, OR ACCOUNT NUMBER: FOR BUSINESS—EMPLOYER ACCOUNT NUMBER. Please type or print the appropriate number along with your correct mailing address. Corporate signature, must he at- tested and corporate seal affixed. The lease number in the upper right hand corner will be used with our checks to iden- tity payment for production run from this property—PLEASE KEEP A RECORD OF IT. "''{ t TURFS SIGNATURE OF INTEREST OWNER i;', eJd County Clerk and Recorder --- _. (/ ROBED OF COUNTY COMMISSIONERS -- _ P.0._BOX 758 --. GREELEY, CO 8-0632 R ET PA FOR YOUR ALES ----- __ 84-6000813 __-_-- DIVISION ORDER PROVISIONS (Oil and Casinghead Gas) The tullrnving provisions are parts of this division order and shall be binding on the signatories hereon, hereinafter called Owners, their successors. O legal rcpresenutives and assigns: o 0 (I) The oil received and purchased hereunder shall become the property of Union, hereinafter called Purchaser,and title to same shall pass to it as ti's O stun as the same is received and delivered to any carrier designated by the Purchaser. V Ca ;2) The Oil received under this Division Order shall be paid for by the Purchaser to the party or parties entitled thereto, according to the des'sum o W of interests shown hereon, either at(a)the price posted by Union for the same kind and quality of oil in the particular field in which it is received on the o day or.which it is received by the Purchaser into the custody of the designated carrier,or(b)if the oil is purchased by a nominee,the price to be paid shall o p; be the same price received from such nominee,or(c) if the Purchaser does not post a price for such oil,the price to be paid shall be the price posted by to- W• any other purchaser of crude oil as chosen by purchaser or(d)the price paid shall be the price as otherwise mutually agreed by.the parties,prov did,however. e4 if it is necessary to transport oil hereunder by truck, then in that event the Purchaser is authorized to deduct from the applicable price uncle, (a).(b),rc) O or id). as the case may be,the trucking cost incurred. For the amount due on account of oil,and the proceeds from casinghead gas. received during each U W calendar month,payment shall be made during the next succeeding calendar month. Payments shall be made by checks mailed to the rn{xctrve parties. 0J Ix at the Addresses given, for the amount of such purchase due said panics respectively, less any taxes required by law to be deducted and paid by the Put- .. w chaser. At the option of the Purchaser,no payments shall be made to individual interest owners until the sum due on account of such interest shall amount °i to five dollars ($5.00)or more. ox (3) This contract shall be subject to all laws,rules and regulations of the State or Federal Government or other regulatory body,whether valid or in d, co V valid, and the Purchaser shall not be liable for any acts done in compliance therewith. � z o H Quantity and quality of the oil shall be determined in accordance with conditions specified in the price posting,or reference, applying hereto, if any, WE and any rules and regulations prescribed by any authorized commission or other legal authority of the State in which said lease is located, or prescribed o o en by any agency of the Federal Government having jurisdiction. a en • Should all or any part of the land above described, or the production obtained from any formation underlying same, become a part of a unit, then, Was W with respect to each Owner who shall have accepted and agreed to the terms of the Unit Agreement,or who has had his interests therein pooled or unitized to by governmental order, the Purchaser is authorized and directed to be governed by the terms of the Unit Agreement or order for the purpose of among rnz at quantities to be credited to all or that part of the above tract,or the formation thereunder, included in said unit in lieu of actual runs therefrom. ri 0 • t4) This contract shall continue in force for thirty(30)days and thereafter until terminated upon notice in accordance with this paragraph It is agreed W1:4that after the expiration of said thirty (30)days from date hereof,this contract may be terminated by the Purchaser by its giving thirty n+v; days worsen notice of its purpose to terminate and that any of the said Owners may,by similar notice to the Purchaser terminate this contract as to his interest. without. however. affecting the same as to the interest of the other parties. en en O in (s) Owners severally agree to promptly notify the Purchaser of any change in ownership and to furnish Purchaser with the original and one copy of ~ ~ the Purchaser's regular form of iranster Order,duly executed and witnessed and showing as the effective date thereon the first day of the calendar month gia fsi in which such change in ownership occurs, together with certified copy of the recorded deed or other conveyance evidencing such change in ownership, it being further understood that any vendee or assignee of any interest in said lease,or the production therefrom,shall take saute subject to the terms hereof (6) Satisfactory abstracts or other evidence of title will be furnished to the Purchaser at any time on demand. In the event of failure to furnish such evidence of title,or in the event of an adverse claim or dispute concerning title,Purchaser may withhold the proceeds for all oil or casinghcad gas received without being liable for interest on amount withheld,until indemnity satisfactory to the Purshaser has been furnished; and in the event any action or sun is filed in any court affecting the title to either the real properly above described,or to the oil or casinghcad gas produced therefrom, in which any of the Owners are parties. written notice of the filing of such action shall be immediately furnished to the Purchaser by the Owner against whom action is com- menced stating the coon in which same is filed and the title of such action or suit;and the Purchaser and any carrier transporting oil for the Purchaser's account shall he held harmless from any judgment rendered in such suit,insofar as same adversely affects the interest in said property awned by said Owner. and all reasonable costs and expenses incurred in defending against such claim insofar as same adversely affects the interest of said Owner,whether in defense of the Purshaser or in defense of the carrier transporting the oil for the Purchaser's account,and the affected Owner agrees to pay said judgment and said costs and expenses in the proportion and to the extent that the same affect his or their interest. t7i Where, under the foregoing prim ision,the proceeds of any oil received, or the proceeds from casinghcad gas,are retained.Owners agree to in- demnity and hold the Purchaser harmless from any liability for any tax proposed or assessed against or paid on account of such retained proceeds.together with the penalties incident thereto; and the Purchaser may deduct same from any amount owing by it to Owners. t8) The Purchaser is hereby relieved of any responsiblihty for determining when any money or other payments,payable from an interest herein set forth,has been increased.decreased,satisfied or discharged and the signatories hereto,whose interests are affected by such money or other payments,agree to give written notice by registered mail to the Purchaser of the increase,decrease,satisfaction or discharge of such money or other payments,and w hold the Purchaser harmless for all loss,cost,expense or damage that may result from any overpayment or underpayment in the absence of such written notice. (9) This division order shall become valid and binding on each and every Owner herein named as soon as signed by him or her regardless of whether or not any of the whet Owners herein named lease so signed (10) This division order supersedes all former division orders green on the prupeny described herein. Schedule "A'' DIVISION ORDER SUPPLEMENT Page Lease Number 2-2-873-494—00 CREDIT TO DIVISION OF INTEREST MAILING ADDRESS AND TAXPAYER ACCOUNT NO. v0 o U 0 d' o JOHN D. GERRY . 0992875 RI 2781 AA ST. GREELEY, CO 80631 o SS# a o 0o P4• BARBARA A. BALL . 0992875 RI 2781 AA ST . GREELEY, CO 80631 o SS# V co WELD COUNTY, A . 0014250 RI BOARD OF COUNTY o x POLITICAL COMMISSIONERS W SUBDIVISION 915 10TH ST . a OF THE STATE GREELEY, CO. 80631 op u COLORADO ID# � z O H — W o m ROBERT E . NELSON . 0025000 ORI 17540 HIGHWAY 392 W AND CLEONA M. GREELEY, CO. 80631 m• W NELSON ID# m �• z cr, z CACHE EXPLOR. INC . BEFORE AFTER 1221-28TH AVE . STE . B a . 0175000 ORI . 1993750 WI GREELEY, CO. 80631 Wx ID# rn0 M N " CEI-GERRY LTD. BEFORE AFTER 1221-28TH AVE . STE . B tH . 7800000 WI . 5981250 WI ID# w w K Union 76 Division Union Oil Company of California 1650 East Golf RoggctIbtrbprg,Illinois 601960196 CIMSSIQECE JUL 3 01984 I uni6n GREELEY. COLO. JULY 20, 1984 DATE: WELD COUNTY', A POLITICAL SUB- DIVISION OF THE STATF OF COIORADO BD OF COUNTY COMMISSIONERS 915 10TH ST. GREELEY, CO 80631 • CACHE RESOURCES INC . RE: 2-2-873-494-00 GERRY WELD COLORADO Dear Interest Owners: Enclosed are two copies of a Division Order setting out your legal division of interest in the subject lease. Please sign the original Division Order under "Signature of Interest Owner" and provide your Social Security number or Taxpayer Account number (E.I.N.) , as appropriate. Please have your signature witnessed. Return the original executed copy to P. 0. Box 7602 using the enclosed label. You may keep the second copy for your files. Please return the executed copy as soon as possible so that your interest in this producing lease can be put in line for payment. Should you have any questions concerning this lease or Division Order, please direct them to our Field Office at 718 17th St. , Suite 1420, Denver, CO. 80202. We thank you for your cooperation and look forward to being of service to you. Attachments cc: C. J. Marsolek Union 76 Division Union Oil Company of California 1650 East Golf Road, Schaumburg, Illinois 60196 union Dear Interest Owner: The Crude Oil Windfall Profit Tax Act requires us to withhold tax from your payments unless otherwise certified. We are therefore, enclosing an IRS form for your use. If you are a royalty or overriding royalty owner the Economic Recovery Act of 1981 allows you to exempt up to 2 barrels a day of your production from withholding. The total production applicable to your interest in all of the properties you certify must not exceed 2 bbls/day including production from properties in which Union has no involvement. You may certify your exemptions by completing Part A of Form 6783. Please refer to the instructions on the reverse side of the form. If you have any questions regarding the preparation of the certificate please call me at 312/885-6435. Yours truly, [' _ " Ann Aschenbrenner, Unit Supervisor Raw Material Government Accounting Union 76 Division TAR:sc enclosure / Form 58 Certification and Election Form on laser, g.Pbmbar 1fa33era ae. 1Sta-aka oerrtimm 0 Ole Timm ► Seri separate instructions. twins II-30-81 lain eon lenity Name I tale Wsttutywic niwt►a Weld County Board of County Commissioners • 84-6000813 Address (numbar and street) 915 10th Street, P.O. Box 758 City or town. State and ZIP cods Greeley, CO 80632 Name of puratasar (eny completed by a purchaser who is forwarding a qualified disburser election) Taxpayer Identifying number $1.a',jrtti.•4 Exemption Certificate I certify that all my production from the properties on the attached list is exempt from the windfall profit tax. I am entitled to this exemption because I qualify for the status indicated below(check applicable box): [g Qualified governmental interest(section 4994(a)) O Exempt Indian oil (section 4994(d)) Qualified charitable interest(section 4994(b)) 0 Qualified independent producer of exempt stripper well oil (section - -----49944)7 only-eeotfesto-ail removed Meer 1962) - _ _. ._—.. I understand that I must file Part III within 10 days atter I no longer qualify for exemption from the windfall profit tax. Under pentanes of Penury, I declare that I have examined title certificate, including accompanying instructions, ant N ten beet of my knowledge and belief, it is true, correct. and complete.c72X Signature of exempt producer ► # yy�L \ yS� yd -- Dila ► 8-15-PA PNot uce Ceariso, Chairman,, Bd. of Commissioners Past lit• Independent I certify that I qualify as an independent producer as defined in section 4992. and that all my taxable production from the prop- erties listed on the attached sheet is entitled to the lower rata of windfall profit tax for tier one and tier two oil. The total taxable production from these properties (plus production from other qualified property that I haw certified)does not exceed my share of the 1,000 barrel a day amount for Independent producers. I certify that (check applicable box): 0 I am a member of a related group (as defined in section 4992(e)(2)). I arrT attaching a list to the Form 6458 that I am Ming with the IRS showing the name and taxpayer identifying number of all other members of my "related group." I am not a member of a related group (as defined in section 4992(e)(2)). I understand that I must file Part III within 10 days after I no longer qualify as an Indeoendentproducer. under penalties of penury, 1 declare tries I have examined Me certificate. including accompanying instructions. and N the beet at my knowledge and belief. it is true, correct. and complete. Signature of independent producer a. Sete ► +mart tit _.= Revocation of a Previously Filed Certificate I no longer qualify for exemption from, or reduced rates of, the windfall profit tax. The status that I previously claimed was: C Qualified governmental interest 1 Independent producer 0 Qualified independent producer of exempt stnpper well oil ❑ Qualified charitable interest C Exempt Indian oil Date of original certification ► Service Canter where flied ► • Effective date of revocation P. Signature of producer ► Date P. CIA Qualified Disburser Election certify that I am a qualified disburser as defined in regulations issued under seetben 4995 and that I hereby elect to perform all the duties normally imposed upon the purchaser in regard to the administration of the windfall profit tax. I understand I must file Part VI within 10 days after this election is terminated. Enecuve date of election Property (include full lease non-... 'notation, and identifying nun'Oar. if applicable) 'Signature of qualified oiscuner Date For Paperwork Reduction Act Notice, see page 1 of the instructions. 363-475—I Form 6458 (Rev 9-82) RE:Gerry 2-2-873-494—00 Hello