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HomeMy WebLinkAbout800013.tiff RESOLUTION RE: AUTHORIZATION FOR CHAIRMAN TO SIGN DIVISION ORDER CONCERNING NIELSON ENTERPRISES, INC. , 1380 FIRST OF DENVER PLAZA, 633 17TH STREET, DENVER, COLORADO 80202 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 Nielson Enterprises, Inc. Said lease covers land more particularly described as follows , to-wit: The East Half of Section 26, Township 2 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, Nielson Enterprises , Inc. has submitted a Division Order on the subject property. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the Board does hereby execute the Division Order and further authorizes the Chairman of the Board to sign the same. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of May, A.D. , 1980. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO (ABSENT) C. W. Kirby, Chairman Absent date presented (Aye) ��ry� Leonard L. Roe, Pro�-Tem ATTEST: Q,t C'Ltn,.K4e(,t �y,1 Norman Carlson Weld County Clerk and Recorder and Clerk to the Bo (A e) Dun ar By / Deputy Coon y lerk C1 J e K. Steisn rk, Temporary Chairman CI ED AS TO FORM: l ep -L County Attorney 6OOO13 DATE PRESENTED: MAY 21, 1980 • Well ivo. : osq TO: Lease No. : 895, 1269 • Nielson Enterprises Inc. Issued: March 25, 1980 1380 First of Denver Plaza 633 17th Street Effective: Date of First Sales Denver, Colorado 80202 We, the undersigned, and each of us, hereby certify and warrant that we are the legal owners in the proportions set out below of the proceeds derived from the sale of oil, natural gas, casinghead gas and other gaseous or vaporous substances (including condensate or distillate) produced from the Badding #1 located in the County of Weld , State,of Colorado , described as follows: Township 2 North Range 66 West Section 26: E/2 You are hereby authorized to deliver and sell said oil and gas on the terms hereinafter stated, and until further notice, to credit the purchase price thereof, as follows: • DIVISION AND KIND OF MAILING ADDRESS AND • CREDIT TO INTEREST TAXPAYER ACCT. NO. Weld County, Colorado a The division of interest The mailing address and political subdivision of theapplying to this division taxpayer acct. no. applying State of Colorado to this division order is order is set out in Sup- set out in Supplemental plemental Schedule "A'' Schedule "A" attached attached hereto and made hereto and made a part a part hereof. hereof. INSTRUCTIONS FOR SIGNING: Sign in ink exactly as your name appears above and have your signature witnessed. If executing on behalf of a corporation, indicate your official title and impress the corporate seal, attested by the secretary or assistant secretary. If more than one copy of the order is submitted, it is not necessary for all parties to sign all copies, but same may be signed in counterpart. Be sure to furnish your mailing address, including Post Office box number or complete street address. FEDERAL LAW REQUIRES IDENTIFICATION NUMBERS AS FOLLOWS: FOR INDIVIDUALS--SOCIAL SECURITY NUMBER OR ACCOUNT NUMBER; FOR BUSINESS--EMPLOYER ACCOUNT NUMBER. Attest or Witness to Signatures Signature of Interest Owner Weld County, Colorado a political subdivision of the State of Colorado By: - 1 - (1) Crude oil and gas delivered and sold from the above-described lease shall be paid for upon your receipt of proceeds from the sale thereof (less any tax which you may be required to pay with respect to such oil or gas or the proceeds there- of) by check mailed to us at our respective addresses during the next following month. (2) The delivery and sale of gas from the hereinabove described land is subject to all the terms of the gas purchase or sales agreement(s) and any amend- ments, modifications or supplements thereto under which delivery and sale of gas is being made. The purchase price of said gas shall be the price designated therefor in said agreement(s) (or average price if more than one), subject, however, to all ap- plicable laws, rules and regulations of any governmental authority having jurisdiction or purporting to have jurisdiction. The price to be paid for any oil, distillate or con- densate produced with gas shall be the net amount realized from the sale thereof. (3) In the event of a question or dispute at any time concerning title to the property or as to the right of any party claiming hereunder to receive payment for the oil or gas, you may withhold the proceeds of the oil or gas from the interest so affected without interest until indemnity satisfactory to you has been furnished or the question or dispute determined. If suit is filed affecting the interest of any of the undersigned, the party or parties affected agrees to indemnify you against loss or damage by reason of any judgment rendered therein, and to reimburse you for expenses necessarily in- curred by you in connection therewith. (4) You are hereby relieved of any responsibility for determining the amount payable when any of the above interests shall increase, diminish, be extinguished or revert to any other parties as a result of the completion or discharge of money or other payments from said interests, or as a result of the increase or decrease in production or any other contingency until notice in writing thereof shall have been received by you at Cody, Wyoming. (5) You shall not be bound by any sale or assignment of any interest in said oil and gas or proceeds thereof until you have been furnished with a certified or photo- static copy of the recorded instrument evidencing such conveyance or assignment, to- gether with your regular Transfer Order properly signed by Transferor and Transferee, it being understood that any such vendee or assignee shall take such interest subject to the terms hereof, and that any such Transfer Order shall take effect as of the first day of a calendar month. (6) This Division Order shall become valid and binding on each interest owner as soon as signed by him or her, whether or not any other of the interest owners have so signed. The rights granted hereunder to you may be assigned to a successor of any part or all of your property and business. Notice of the termination of this Division Order by any interest owner shall be given to you at least thirty (30) days prior to the effective date of such termination. No termination by any one or more interest owner shall affect this order as to the other interest owners. (7) The oil and gas lease or leases, together with any amendments thereto or modifications thereof, under which the oil and/or gas are produced and the gas purchase contracts as ratified, supplemented or amended, under which the gas is sold are hereby ratified, adopted and approved. (8) If the proceeds accruing to any interest hereunder should amount to less than five dollars (S5. 00) per month, you are hereby authorized to make payment for such accruals on an annual basis, such payment to be made during the month of Dec- ember of each year for such amount as may have accrued hereunder up to 7:00 o'clock a. m. on the 1st day of November of such year. (9) If any royalty interest hereunder shall become subdivided, you shall have the right to require the written designation of a common agent to receive payment for the several holders of the subdivided portions thereof and you shall not be required to make payment for the subdivided interests until such designation is furnished. - 2 - Schedule A Fadding #1 Page 3 Well No. 089 DIVISION ORDER SUPPLEMENT CREDITDivision and Kind of ' MAILING ADDRESS AND INTEREST TAXPAYER ACCT. N0. Sylvester J. Badding and .0750000 RI 3871 Weld County Road 21 Dorothy Ann Badding J/T Ft. Lupton, Colorado 80621 Vendor Sylvester S.S.# 425-44-5797 Dorothy S.S.# 524-66-1118 Estate of Frank Badding, .0000000 RI c/o Sylvester J. Badding Deceasec 3871 Weld County Road 21 Ft. Lupton, Colorado 80621 Weld County, Colorado a .0625000 RI c/o Board of County Commissioner: political subdivision of the Weld County Centennial Center State of Colorado 915 10th Street Vendor 11 Greeley, Colorado 80631 Tax I.D. !l C. A. Patchen .0050000 ORI 3151 S. Jasmine Way Vendor No. 69333 Denver, Colorado 80222 S. S.# 443-01-1808 Macey & Mershon Oil Inc. .0250000 ORI 1600 Broadway Suite 1950 Vendor No. 54205 Denver, Colorado 80202 Tax I.D.# 84-0660735 STREAM, Inc. .0055398 ORI* C-111 Petroleum Center Vendor No. 81921 San Antonio, Texas 78209 Tax I.D. 74-1355309 Colton & Colton Vendor No. 15248 .0269602 0RI* D-204 Petroleum Center 900 N.E. Loop 410 San Antonio, Texas 78209 Tax I.D.# 74-0567798 Nielson Enterprises Inc. .8000000 WI P. 0. Box 370 Vendor # 60683 Cody, Wyoming 82414 Tax I.D. # 83-0198390 • *Subject at the option of Colton & Colton and Stream, Inc. , to a proportionately reduced 25% Working Interest upon payout. WI - Working Interest; RI - Royalty Interst; ORI - Overriding Royalty Interest OP - Production Payment. INSTRUCTIONS FOR EXECUTION OF DIVISION ORDERS If you find your interest as shown by the attached Division Order to be correct, we ask that you please sign and return one copy to Nielson Enterprises Inc. , 1380 First of Denver Plaza, 633 17th Street, Denver, Colorado 80202 in the enclosed stamped, self-addressed envelope. The extra copy may be retained for your file. In executing the Division Order, we kindly ask that the following instructions be observes: 1. Verify that your name is properly spelled and that your address is correctly shown on the Division Order; necessary corrections should be made in ink. 2. Execute the Division Order in the presence of a competent witness, who should also affix his or her signature in the space provided. 3. If you are married, please have your spouse sign below your signature, indicating the fact that he or she is your husband or wife. If you are a single person, please indicate your status by writing the words "a single person" or "widow" after your signature. 4. If the interest is owned by a corporation, it should be signed by the proper official, attested and sealed. 5. Division Orders for partnerships must be exe- cuted by all partners or by an authorized partner. If signed by an authorized partner, we must be furnished a certified copy of his authority if not previously furnished. NOTICE The U.S. Internal Revenue Service requires you to furnish your Social Security or Tax Account number. Please insert this number in the space opposite your name if it is not already typed in. ftll Cegitn C1Mk1S41ANER! rm �. tl • vim 231980 GREELAr.COI-O. Hello