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HomeMy WebLinkAbout840010.tiff RESOLUTION RE: APPROVAL OF GAS DIVISION ORDER REGARDING NATURAL GAS ASSOCIATES , P .O. BOX 5493 , DENVER, COLORADO 80217 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 Discovery Oil , Ltd. Said lease covers land more par- ticularly described as follows , to-wit: Range 67 West, Township 5 North Section 33 : Pt. NWaNW4 Weld County, Colorado WHEREAS , Natural Gas Associates has submitted a Gas Division Order on the subject property, and WHEREAS , Weld County is entitled to an eighteen percent royalty interest on production, and WHEREAS , in order to receive said royalty interest, Weld County must execute said Division Order, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS , said Division Order has been reviewed by the Weld County Attorney, Thomas 0. David, and found to be in order, and WHEREAS , the Board deems it advisable to approve said Division Order on the hereinabove described land. 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. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 31st day of October, A.D. , 1984 . BOARD OF COUNTY COMMISSIONgRS COLORADO ATTEST: f i ;� r;a ` . � , LD COUNTY, LORA ; �/ C.l. - �� +-- Weld County Clerk and Recorder f . and Clerk to the Board Norman C rlso Chairman By �C� 'Count Clerk ••ue ' ne Johns\n�Pr`o--Tem Deput Count Clerk a��. y/ • APPROV D AS TO FORM: /- ' ' /v ene R. Brantner 0,0 EXCUSED County Attorney Ch Carlso ) 840010 ,,•.' Jr n T . Martin - AR1967097 • GAS DIVISION ORDER TO: Natural Gas Associates P.O. Box 5493 Denver, Colorado 80217 Attn: Division Order Department Lease * 247 Date October 15, 1984 ro O o U Plant Kersey 0 ri0 U The undersigned, and each of us, certify and guarantee that we are the legal owners of and hereby warrant the title to our respec- Ca tive interests in the proceeds derived from the sale of Gas produced and saved from the J. Nelson #33-23 o W lease or unit located in the County or Parish of Weld _ o • State of Colorado more particularly described as follows: o a 0 Township 5 North, Range 67 West, 6th P.M. p Section 33: NZ U Lc) IX Containing 320 acres, more or less cv .. W o OWNER NO. CREDIT TO DIVISION OF INTEREST DECIMAL ri x a scr a 22971 Weld County, Colorado 00042188 co U r1z W ** Do Not Remove Exhibit "A" Attached Hereto And Made A Part Hereof ** ,-,p ri cn x a r a o o G., coz Effective 8 AM date of first purchase ,and until further written notice,you are hereby authorized to take ch Z or retain possession of all Gas from said propertylies) on and after the effective date and to give credit as set forth above for all proceeds i—to derived from the sale of Gas from said propertylies) subject to the conditions,convenants and directions set out below: ,7i W FIRST: It is understood that the Gas produced from the above-described propertylies) is being sold under that certain Gas a Purchase and Processing Agreement dated October 19th , 1.98_3_, between Discovery Oil, Ltd. m r v. d' as "Seller" and Natural Gas Associates as "Buyer", and that all terms and covenants contained therein, and in any amend- rl o merits, extensions, or renewals thereof shall govern and be binding upon the parties hereto in all respects which shall include, cq PA 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 propertylies). 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 ATTEST: BOARD OF COUNTY COMMISSIONERS ,., ./.. WELD COUNTY, COLORADO • at) QiUstilQilZfi�+/ 84-6000813 Weld/ t�It . Clerk & Recorder and I � � ,ths Board Z.: •�'4-In.) �l is s -0;� 915 10th Street P.O. Box 758 Greeley, CO 80632 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 re) O (S25.00) Dollars per month, Natural Gas Associates, at its option, may defer the making of such payment until such time as oU o the aggregate amount due exceeds said sum.The undersigned authorize Natural Gas Associates to withhold from the proceeds N O 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 p governmental authority, local, state and/or federal, and to pay the same in our behalf with the proceeds so withheld. ON • o vt W 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 O other evidence of title satisfactory to Natural Gas Associates and authorizes Natural Gas Associates to withhold payment, U awithout obligation to pay interest on the amount so withheld, until satisfactory indemnity shall be furnished to Natural Gas N Associates against such adverse claims or any such defects in title, or until title shall be made satisfactory to Natural Gas o Associates. Each undersigned party, as to the interest of such party hereunder, respectively agrees, in the event suit is filed in ti a 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 co U of receiving and paying said party the proceeds derived from the sale of said Gas.Where Natural Gas Associates, pursuant to )—I z the provisions hereof, withholds payment, or any part thereof, each undersigned party from whom payment is withheld H 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 N D party. O o co z ,61y z FOURTH: The undersigned severally agree to notify Natural Gas Associates of any change of ownership, and no transfer of o interest shall be binding upon Natural Gas Associates until transfer order and the recorded instrument evidencing such trans- ? U a fer, or a certified copy thereof,shall be furnished to Natural Gas Associates.Transfer of interest shall be made effective 8 AM W on the first day of the calendar month in which proper notice is received by Natural Gas Associates.Natural Gas Associates is m co hereby relieved of any responsibility for determining if and when any of the interests hereinabove set forth shall or should Omt. revert to or be owned by other parties as a result of the completion or discharge of money or other payments from said 1-i 0 interests, and the signers hereof whose interests are affected by such money or other payments, if any, agree to give Naturai G+ Gas Associates notice in writing by registered letter addressed to Natural Gas Associates, P.O 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 propertylies), 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. EXHIBIT "A" 10/15/84 11 OWNER INTEREST TYPE o U 15675 Champlin Petroleum Company 0.00875000 RI 22981 Weld County 0.00042188 RI co 0 22980 Paul L. Nelson 0.00766602 RI v 22998 Charlene A. Nelson 0.00766602 RI A 23000 Ralph Moser 0.00583334 RI a 0 w 23018 Bertha A. Moser 0.00583333 RI 23026 Edith Kirby 0.00583333 RI o g 23034 Harold Moser 0.00583333 RI v> W a 23042 Donna R. Moser 0.00291667 RI 0 23051 Terry L. Moser 0.00291667 RI v 23069 Muriel Jeannette Moser 0.00583333 RI w mg 23077 Shirley Kannerzell 0.00100000 RI N •• �a 23085 Duane Weber 0.00100000 RI 0 ox 23093 Maudie Weber 0.00100000 RI a 23106 Larry Weber 0.00100000 RI • v23114 Keith Weber 0.00100000 RI co 23122 James R. Nelson 0.03687500 RI `-' z 23131 Emma M. Culver and Paul E. Neubauer 0.03687500 RI o w\ 21291 Adam C. Buna 0.00008750 OI 13776 Gordon Duffy 0.01103139 OI a 13768 Gene E. Gregg 0.00625111 OI 13750 Gene E. Gregg, Jr. 0.00110314 OI o w 22496 Elizabeth Jacques 0.00110314 OI N 13733 Jo D. Nohre 0.00036770 OI o z 13725 T. M. McCoy 0.00514798 0I 0 rta413821 M. R. McCoy 0.01949085 OI v z 13848 Rosita Trujillo 0.01947939 OI xw 13813 Sovereign Oil Company 0.00369010 OI 23149 Melville E. McCoy 0.00032880 01 m m 23157 Melville E. McCoy, Trustee 0.00032880 OI o 13792 C. K. Adams 0.00179490 OI '- 0 13784 Kathryn McCarthy 0.00119660 OI PI w 13830 Cassandra Herbert 0.00240664 OI 23165 Elex, Inc. 0.00712656 OI 23173 Albert L. Weismeyer, Jr. 0.00712656 OI 13805 Mary Lee Stevenson 0.00222867 OI 23181 USCAN Oil & Gas Corporation 0.77145625 WI 1.00000000 Discovery Oil, Ltd./J. Nelson #33-23 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. I /1 a 4 DISCOVERY OIL , LTD . 2O49 Century Park East • Suite 890 • Los Angeles, California 90067 C213) 277-7692 • Telex 181187 •f.3, . .. ' ROBERT L BECKBTROM • •• VICE PRESIDENT-LANO : 9184 • • October 23 , 1934 Ra: J. Nelson #33-23 Weld County, Colorado Dear Interest Owner: Enclosed is an original and 1 copy of Natural as Associates Division Order for your interest' in natural gas production from the subject well. The Nelson #33-23 is a "J11 Sand gas well ?catcd in the SE/4 NE/4 of Section 33 , T5N, R67W and was c3r?.l1ea o a pooled unit comprised of leases covering ?ands sit- uated in the north half of Section 33 . Please sign both copies, have your signature witnessed by 2 parties, insert your correct mailing address and social security number or Tax I.D. number and return the original to Natural Gas Associates as soon as possible. Retain the copy for your file. If you have any questions in connection with the well or the Division Order, please contact the undersigned . Very truly yours, RLI3:cs er- .ls. Hello