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HomeMy WebLinkAbout840003.tiff AR1984s44 RESOLUTION RE: APPROVAL OF GAS DIVISION ORDER REGARDING NATURAL GAS ASSOCIATES, P.O. BOX 5493, DENVER, COLORADO 80217 Lc, O CD WHEREAS, the Board of County Commissioners of Weld County, 0 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 a o WHEREAS, Weld County, Colorado, is the holder of a certain o a lease with Petromax Energy Corporation. Said lease covers land v} w more particularly described as follows, to-wit: ca o Part of SEQ SEa, Section 25, Township 6 North, Range 66 West of the 6th P.M. , Weld County, a Colorado O ,4 Containing .91 acres , more or less a m a WHEREAS, Natural Gas Associates has submitted a Gas Division z Order on the subject property, and H o F WHEREAS, Weld County is entitled to an eighteen percent rim royalty interest on production, and c w WHEREAS, in order to receive said royalty interest, Weld County � w must execute said Division Order, a copy of which is attached hereto v. • z and incorporated herein by reference, and a+ z o WHEREAS, said Division Order has been reviewed by the Weld w W County Attorney, Thomas O. David, and found to be in order, and it X1 the Board deems it advisable to approve said Division Lc co Order on the hereinabove described land. O N ri O PA NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that the Gas Division Order as submitted by Natural Gas Associates be, and hereby is, approved. LHR 793 / '/ 840003 Page 2 RE: GAS DIVISION ORDER - NATURAL GAS ASSOCIATES The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 8th day of October, A.D. , 1984 . BOARD OF COUNTY COMMISSIONERS ATTEST: I 4 WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED DATE OF SIGNING - AYE o and'CI: r O the Bo d Norman Carlson, Chairman owMv�. Vvt\ cv o ,--County erk % liner ohnson, Pro-Tem o a AP$R(}YFp S TO FORM: 0 3 ' ene R.tone' Bra tne v> W County Attorney C uck Carlso o mn T. —77 /7// ej;;; N- a J n T. Martin x w CDU U 0 z r H o E W W io W CO a) z H 0 C.) R4 Cr io N o cn O N H M W GAS DIVISION ORDER TO: Natural Gas Associates P.O. Box 5493 Denver, Colorado 80217 Attn: Division Order Department Lease * 177 Date August 28, 1984 Plant Eaton The undersigned, and each of us, certify and guarantee that we are the legal owners of and hereby warrant the title to our respec- tive interests in the proceeds derived from the sale of Gas produced and saved from the Monfort #25-1 lease or unit located in the County or Parish of Weld State of Colorado more particularly described as follows: Township 6 North, Range 66 West Section 25: E1/2 Sec Containing 78.54 acres, more or less OWNER NO. CREDIT TO DIVISION OF INTEREST DECIMAL 22031 Weld County, Colorado 18% X .91/78.54 .0020855 ** Do Not Remove Exhibit "A" Attached Hereto And Made A Part Hereof ** Effective 8 AM date of first purchase ,and until further written notice,you are hereby authorized to take or retain possession of all Gas from said property(ies) on and after the effective date and to give credit as set forth above for all proceeds derived from the sale of Gas from said propertylies) subject to the conditions,convenants and directions set out below: FIRST: It is understood that the Gas produced from the above-described property(ies) is being sold under that certain Gas Purchase and Processing Agreement dated September 27th 198 3,between Petromax Energy Corporation as "Seller" and Natural Gas Associates as "Buyer", and that all terms and covenants contained therein, and in any amend- ments, extensions, or renewals thereof shall govern and be binding upon the parties hereto in all respects which shall include, but not be restricted to, the price to be paid for said Gas and the time when such payments are to be made. As used in this Division Order, the term "Gas" shall be deemed to include casinghead gas,gasoline and all other products which Natural Gas Associates receives and/or recovers by processing from Gas produced from wells on said property(ies). All covenants appearing on the reverse side hereof are incorporated herein by reference and the undersigned agree that each shall be deemed and considered an essential part of this Division Order in like manner and with the same effect as if printed above our signatures. The undersigned expressly waive any claim against you for any and all amounts which may be due us from others for production prior to the effective date hereof. Owners Sign Below Taxpayer identification or Signatures of Witnesses (Enter Mailing Address) Social Security Number BOARD OF COUNTY COMMISSIONERS EL D COUNTY, OLO DO n �O"e'""'�._ 84-6000813 �''&A1-yl,�r g j , 'C, AAJ \ /'\ yc 915 10th Street Address: P.O. Box 758 Greeley, CO 80632 B 1046 REC 01984644 10/10/84 16 : 12 $0 . 00 3/005 i F 0258 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO t SECOND: Payments are to be made monthly by checks of Natural Gas Associates to be delivered or mailed to the parties thereto entitled at the addresses above given, provided that if the amount due any owner is less than Twenty-Five and 00/100 (S25.00) Dollars per month, Natural Gas Associates, at its option, may defer the making of such payment until such time as the aggregate amount due exceeds said sum.The undersigned authorize Natural Gas Associates to withhold from the proceeds of any and all Gas referred to herein the amount of any tax placed thereon,or on the production thereof, including but not limited to any severance, production or occupation tax, by any governmental authority, local, state and/or federal, and to pay the same in our behalf with the proceeds so withheld. • THIRD: In the event of any adverse claim of title or in the event title shall not be satisfactory to Natural Gas Associates at any time during the term of this Division Order, each of the undersigned agrees to furnish complete abstracts of title and other evidence of title satisfactory to Natural Gas Associates and authorizes Natural Gas Associates to withhold payment, without obligation to pay interest on the amount so withheld, until satisfactory indemnity shall be furnished to Natural Gas Associates against such adverse claims or any such defects in title, or until title shall be made satisfactory to Natural Gas Associates. Each undersigned party, as to the interest of such party hereunder, respectively agrees, in the event suit is filed in any court affecting title to said Gas, either before or after severance,to indemnify and save harmless Natural Gas Associates against any and all liability for loss, cost, damage, and expense which Natural Gas Associates may suffer or incur on account of receiving and paying said party the proceeds derived from the sale of said Gas.Where Natural Gas Associates, pursuant to the provisions hereof, withholds payment, or any part thereof, each.undersigned party from whom payment is withheld severally agrees to indemnify and hold Natural Gas Associates harmless of and from all liability for any tax,together with all interest and penalties incident thereto, imposed or assessed against, or paid by it on account of the sum or sums so withheld from payment to said party, and deduct all such taxes,interest and penalties so paid by it from any sums owing by it to said party. FOURTH: The undersigned severally agree to notify Natural Gas Associates of any change of ownership,and no transfer of interest shall be binding upon Natural Gas Associates until transfer order and the recorded instrument evidencing such trans- fer, or a certified copy thereof,shall be furnished to Natural Gas Associates.Transfer of interest shall be made effective 8 AM on the first day of the calendar month in which proper notice is received by Natural Gas Associates. Natural Gas Associates is hereby relieved of any responsibility for determining if and when any of the interests hereinabove set forth shall or should revert to or be owned by other parties as a result of the completion or discharge of money or other payments from said interests, and the signers hereof whose interests are affected by such money or other payments, if any,agree to give Naturai Gas Associates notice in writing by registered letter addressed to Natural Gas Associates, P.0 Box 5493, Denver, Colorado 80217, Attn: Division Order Department, when any such money or other payments have been completed or discharged,or when any division of interest other than that set forth above shall, for any reason, become effective and to furnish transfer order accordingly, and that in the event such notice shall not be received, Natural Gas Associates 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. FIFTH: If any portion of the proceeds derived from the sale of Gas is subject to refund under any order,rule or regulation of the Federal Energy Regulatory Commission or the provisions of the Natural Gas Act or Natural Gas Policy Act of 1978, Natural Gas Associates may hold without interest the portion of the proceeds subject to refund unless indemnity satisfactory to Natural Gas Associates has been furnished, or until Natural Gas Associates' refund obligation has been finally determined. If any portion of the proceeds derived from the sale of Gas and paid over by Natural Gas Associates under any order,rule or regulation of the Federal Energy Regulatory Commission or the provisions of the Natural Gas Act or Natural Gas Policy Act of 1978, Natural Gas Associates is authorized to recover the amount of the refund applicable to the interest of each of the undersigned from future payments, or at Natural Gas Associates' election, it may invoice the undersigned therefor, plus the legal rate of interest Natural Gas Associates is or may be required to pay in connection with the undersigned's portion of the refund. • SIXTH: This Division Order shall become valid and binding upon each and every owner above named upon execution hereof by such owner regardless of whether or not any of the other above-named owners have so signed. If the provisions of this Division Order are in conflict with the provisions of any oil and gas lease covering the above described property(iesl, the provisions of this Division Order shall prevail. Each undersigned owner ratifies and confirms his oil and gas lease as being in full force and effect as of the date hereof. B 1046 REC 01984644 10/10/84 16 : 12 $0 . 00 4/005 F 0259 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "A" (REVISED) 8/27/84 REVISED ORIGINAL ADDITIONAL TOTAL INTEREST INTEREST INTEREST TYPE 22031 Weld County, Colorado -0- 0.00208545 0.00208545 RI 20491 Monfort Energy Resources, Inc. 0.12210339 -0- 0. 12210339 RI 20562 Estelle D. Ostrander 0.00144831 -0- 0.00144831 RI 15712 C. A. Patchen 0.00976827 -0- 0.00976827 OI 15755 H & C Colton Company 0.00512834 -0- 0.00512834 OI 15747 Milton V. Spencer 0.00512834 -0- 0.00512834 OI 15739 Frank Wilson, Jr. 0.01538503 -0- 0.01538503 OI 15721 Enserch Exploration, Inc. 0.06105169 -0- 0.06105169 OI 14082 Bellwether Exploration, Inc. 0.00086898 -0- 0.00086898 OI 15755 H & C Colton Company 0.01984180 -0- 0.01984180 WI 15747 Milton V. Spencer 0.01984180 -0- 0.01984180 WI 15739 Frank Wilson, Jr. 0.05952540 -0- 0.05952540 WI 17806 Petromax Energy Corporation 0.33416111 0.00475000 0.33891111 WI 20482 Petromax Oil and Gas Corporation 0.08354027 0.00118800 0.08472827 WI 20474 Petromax Energy Corporation 1981 Max Drilling Program 0.25062082 0.00356300 0.25418382 WI Monfort #25-1/Suspense 0.01158645 -0- -0- 1.00000000 0.01158645 1.00000000 Petromax Energy Corporation/Monfort 25-1 PLEASE NOTE: You (as Payee) are now required by law to provide Natural Gas Associates (as Payer) with your correct tax identification number. If you are an individual, your tax identification number is your Social Security Number. If you do not provide us with your correct number, the law requires that beginning January 1, 1984 we withhold 20% of all payments made to you. B 1046 REC 01984644 10/10/84 16 : 12 $0 . 00 5/005 F 0260 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Hello