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Home My WebLink About20022383.tiff GAS DIVISION ORDER TO: ENCANA ENERGY RESOURCES INC EFFECTIVE: Date of First Production The below named parties, hereinafter designated as"OWNERS", and each of them by their signatures hereto affixed, do hereby represent, certify and warrant that they are the legal owners in the proportions set out below of all the gas and associated liquid hydrocarbons produced from or allocated to the well, acreage or communitized area more particularly described as follows: Township 2 North, Range 66 West Section 19: E2 Bangert#33-19 (J)Well CO.7230 Bangert#34-19(J)Well CO.7239 as to the J Sand Formation in Weld County, State of Colorado, and are entitled to receive payments for gas taken or sold off of the premises, and until further notice credit for such gas so taken or sold from said premises shall be given as directed below: CREDIT TO DIVISION OF INTEREST MAILING ADDRESS SEE EXHIBIT"A"ATTACHED ENCANA ENERGY RESOURCES INC, hereinafter called "OPERATOR" may sell and deliver to any purchaser and then remit to the OWNERS as set out herein for all gas and associated liquid hydrocarbons, including condensate produced, saved and sold from said premises as follows: 1. Payment for gas shall be paid to the OWNERS according to the division of interest shown above. Payment therefor may be made monthly by the OPERATOR mailing to such parties its check therefor at the post office address stated, on or before thirty (30) days after receipt by OPERATOR of sufficient information upon which settlement therefor may be made. If the amount accruing to the interest of any Owner herein is less than Fifty Dollars ($50.00) in any one month, the proceeds of such runs may, at the option of OPERATOR, be accumulated and paid without interest on a semi-annual basis, payment to be made in June and December of each year. If a refund of a portion of the proceeds derived from the sale of gas may be required under any order, rule or regulation of the Federal Power Commission or other governmental agency having jurisdiction thereof, or the provisions of the"Natural Gas Act", the price for gas shall be calculated on the basis of the unsuspended or unconditional certificated price for such gas. OPERATOR may hold, without interest, the portion of proceeds subject to possible refund until the amount of the refund, if any, is determined by final unappealable order of the Federal Power Commission or such other governmental agency. OPERATOR is also expressly authorized and given the right, in its sole discretion, to withhold or deduct from the share of any disbursement, directed hereunder attributable to any Owner, a sufficient sum to pay all ad valorem taxes, applicable State and Local taxes, Resource Indemnify Fund Tax and any other tax (excluding income taxes) that will become due and payable by any Owner, and to pay such taxes and render a full account of any such taxes paid by it to any Owner for whom such taxes have been paid. 2. Settlement for the above interests shall be made on the basis of the net proceeds received from the sale of gas based upon the volume computations made or accepted by the purchasers thereof. "Net Proceeds" means the amount received from such sale less transportation, dehydration, separating, treating, processing and compression charges and other costs or expenses, if any. OPERATOR may sell gas to any purchaser of its choice at such quantities and price as it shall deem prudent. However, in the event the sales price for gas is established or regulated by the Federal Power Commission, or other governmental authority, the price applicable to such sales for the purpose of calculating net proceeds shall be the unsuspended or unconditional certificated price for such gas determined by final unappealable order of the Federal Power Commission or such other governmental agency. 3. Payments so made are to be in full settlement for such gas so taken or sold from said premises. 4. OWNERS severally shall notify OPERATOR of any change of ownership, and no transfer of interest shall be binding upon OPERATOR until a request to make such transfer and the recorded instrument evidencing such transfer, or a certified copy thereof, shall be furnished to OPERATOR. Transfers of interest shall be made effective not earlier than the first day of the calendar month in which notice is received by OPERATOR. OPERATOR is relieved hereby of any responsibility for determining if and when any of the interests set forth above shall or should revert to or be owned by other parties as the result of the completion or discharge of money or other payments from said interests and the OWNERS whose interests are affected by such money or other payments, if any, assume said responsibility and shall give OPERATOR notice in writing by certified letter addressed to OPERATOR, when any such money or when any other division of interest than that set forth above shall, for any reason, become effective, and to furnish requests for transfer accordingly, and that in the event such notice shall not be received, OPERATOR shall be held harmless in the event of and is hereby released from any and all damage or loss which might arise out of any overpayment. 5. In the event of any dispute or question at any time concerning title to the above described lands, or the gas produced therefrom, OPERATOR may hold the proceeds of all gas runs hereunder, until indemnity satisfactory to OPERATOR has been furnished or until such dispute or question of title is corrected or removed to the satisfaction of OPERATOR. Each undersigned party, as to the interest of such party hereunder, respectively agrees, in the event a suit is filed in any court affecting title to either the real property above described or to the gas produced therefrom in which any of the undersigned are parties, written notice of the filing of such action shall immediately be furnished to OPERATOR by the undersigned, stating the court in which the same is filed and the title of such action or suit, and OPERATOR or any purchaser of gas runs shall be held harmless from and any judgment rendered in such suit and all reasonable costs and expenses incurred in defending against said claim whether in OPERATOR's defense of the gas purchaser, and the undersigned shall pay said judgment and said costs and expenses in the proportion and to the extent that the same affects his or their interest. Where, under this provision the proceeds of any gas sales are retained, OWNERS agree to indemnify and hold the OPERATOR 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 OPERATOR may deduct the same from any amount owing by it to OWNERS. In the event of overpayment for gas to the interest of any Owner herein, OPERATOR is authorized upon discovery thereof to recoup such �))amounts from future accruals to this or any other interest of such Owner for which OPERATOR may make settlement. L Cl1 ert , 2 4,244�o„1. 2002-2383 L �l9/b0 6. This Agreement shall be binding upon all parties agreeing hereto irrespective of whether all parties owning an interest in the minerals, royalty, and leasehold estates execute the same, and shall extend to and be binding upon their respective heirs, devisees, executors, legal representatives, successors and assigns. This Agreement may be attached as an exhibit to any other document and incorporated therein by reference for all purposes and execution of any such document to which this Gas Division Order may be attached shall be deemed to be for all purposes of the same force and effect as execution of this document. 7. If applicable, the OPERATOR will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and any amendments or supplement thereto and of the rules, regulations and relevant orders of the Secretary of Labor. 8. Special Provisions: Wit7abtay eld= Count Bo rd of Commissioners er to t e v • epu y er letin Vaad, OS 26/2002) the Board 0,141 84-6000-813 SS# 915 10th Street Mailing Address Greeley, CO 80631 EXHIBIT 'A' Attached to and made a part of that certain Gas Division Order effective Date of First Production covering the Bangert #33-19 (J) Well Co.7230 Bangert #34-19 (J) Well CO.7239 As to the J Sand Formation OWNER# NAME INTEREST 8035 Weld County .11016% RI c/o Board of County Comm Weld County Centennial Center 915 10th Street Greeley, CO 80631 10834 William G McCanne .01027% RI 2415 S Lansing Way Aurora, CO 80014 10835 Jack A and Karen L McCartney .02055% RI 8955 W 10th Ave Lakewood, CO 80215 7524 Farmers Reservoir & Irrigation Co .00469% RI 80 South 27th Avenue Brighton, CO 80601 11535 Alice Irene Couch 1.04167% RI 1517 Court Street Adel, IA 50003 11536 Virginia Elaine Harvey 1.04167% RI 3038 York Ave Redfield, IA 50233 11537 Helen Mary Imboden 1.04166% RI 1069 130th Street Dexter, IA 50070-8603 11539 Michael D Bangert . 71719% RI 14256 Weld County Road #18 Fort Lupton, CO 80621 11540 Paulette J Evans .71719% RI 725 S Ninth Street Brighton, CO 80601-3232 11541 Dorothy M Johnson . 71719% RI 1317 S Drew Way Denver, CO 80232 12380 W Jean Bangert . 71718% RI 8713 Highway 85 Fort Lupton, CO 80621 12381 Platte Valley Irrigation Co .25625% RI P O Box 445 Greeley, CO 80632 12383 Cannon Land Company 1.55313% RI 36 Steele Street Suite 250 Denver, CO 80206 13396 Donald A Parker 4.70574% RI 12877 Weld County Road #18 Fort Lupton, CO 80621 19136 David F Wiesner .17465% RI 1601 S Franklin St Denver, CO 80210-2740 26940 Mark L and Kelly A Kinnear .44738% RI 12857 Weld County Road #18 Fort Lupton, CO 80621 10926 Margaret F Boudreau .00012% OR 1414 Tenth Street Lake Charles, LA 70601 10922 Marcus A Degenhart .00078% OR P O Box 536 Brighton, CO 80601 10927 Betty Marie Field .00013% OR 2440 Palmer Avenue New Orleans, LA 70118 10923 Hill Enterprises Inc .00078% OR P O Box 3037 Englewood, CO 80155 10924 Matthew R Hoovler .00078% OR 805 Meadow Run Golden, CO 80403 10928 Janis Grace Lowrey .00013% OR P O Box 12826 Lake Charles, LA 70612 10895 William R Green & Margaret R .45028% OR Green Trustees Green Family Trust 9337 W Pebblebrook Lane Boise, ID 83703 3759 Kerr McGee Oil and Gas Onshore .00478% OR P O Box 840638 Dallas, TX 75284 7968 Lena Mae Grant Irrevocable Trust .02510% OR c/o Errol J McBride Trustee RR 4 Box 8 Crawfordsville, IN 47933 8450 Martin L Rogers .01649% OR 3737 14" Street SE Loveland, CO 80537 8648 Billye L Hix .03012% OR 4222 Jennie Street Amarillo, TX 79106-6031 8716 Western Oil & Minerals Ltd 2.70169% OR P O Drawer 1228 Farmington, NM 87499 8929 Norma Jeanne Freedman . 10758% OR 1580 Lincoln Street #650 Denver, CO 80203 10829 Tiago Corp .28688% OR P O Box 370053 Denver, CO 80237 22 EnCana Energy Resources Inc 83 .09779% WI 600 South Excelsior Butte, MT 59701 TOTAL 100.00000% ENCANA T.t EnCana Energy Resources Inc. 600 South Excelsior Tel (406)497-8700 Butte MT 59701 Fax (406)497-8790 INSTRUCTION TO ALL INTEREST OWNERS THE ENCLOSED DIVISION ORDER OR TRANSFER ORDER SHOULD NOT BE ALTERED IN ANY WAY EXCEPT TO CORRECT SPELLING ERRORS, UNLESS ACCOMPANIED BY DOCUMENTARY EVIDENCE TO SUPPORT THE CHANGE. If your name and interest are correctly shown: INDIVIDUAL - Sign your name as shown and have your signature witnessed. CORPORATION - Signature must be attested, corporate seal affixed and title of party reflected. PARTNERSHIP - Must be executed by all partners or by an authorized partner. Please provide copy of instrument giving partners authority to sign. AGENT ATTORNEY-IN- FACT, GUARDIAN, ETC. - Please provide a copy of power of attorney or other evidence of party's authority to sign. If your name has changed because of marriage or divorce, execute the Division Order with your current name and send a copy of the marriage certificate or divorce decree with your executed Division Order. SHOULD YOU FAIL TO PROVIDE YOUR CORRECT SOCIAL SECURITY NUMBER OR TAX IDENTIFICATION NUMBER, THE LAW PROVIDES FOR A 20% WITHHOLDING OF ALL YOUR PRODUCTION PROCEEDS DUE YOU. PLEASE COMPLETE AND RETURN THE ENCLOSED W-9 FORM (if one is provided) WITH YOUR EXECUTED DIVISION ORDER. Please provide your mailing address in the space provided. RETURN ONE COPY OF THE DIVISION ORDER/TRANSFER ORDER IN THE SELF- ADDRESSED ENVELOPE PROVIDED. If for any reason a suspense has been set out for your interest the reason for the suspense will be set out with your Division Order. Please respond to the requirements as indicated. DO NOT DETACH THE EXHIBIT FROM THE DIVISION ORDER IF ONE IS INCLUDED. If you should have any questions about this instrument please contact Edie Moses at (406) 497- 8727. `"Trade-Mark of EnCana Corporation.Used under license. 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, legal description, and percentagest5oyalties, if applicable. BY: linty Attorney DATES �� Hello