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Home My WebLink About820018.tiff AR19H9237 RESOLUTION RE: APPROVAL OF DIVISION ORDER CONCERNING ENERGY MINERALS MO CORPORATION, 1000 SECURITY LIFE BUILDING, DENVER, 00 COLORADO, 80202 . 0 N. "'o WHEREAS, the Board of County Commissioners of Weld County, i Colorado, pursuant to Colorado statute and the Weld County Home c3 cc.. Rule Charter, is vested with the authority of administering the *w a affairs of Weld County, Colorado, and c WHEREAS, Weld County, Colorado is the holder of a certain .. lease with Energy Minerals Corporation. Said lease covers .- re mineral acres more particularly described as follows , to-wit: caw �, ` North Half, South West Quarter of Section 13 , m z Township 2 North, Range 67 West of the 6th P. M. , NW Weld County, Colorado. rs cc WHEREAS, a Divison Order concerning a Weld County Oil 4" and Gas Lease has been w presented to the Board of County Com- ez ..z missioners of Weld County, Colorado for approval, and r5 v'- WHEREAS, Weld County is entitled to a one-eighth royalty g Y Y WC interest on production, and rsia CD'0 m m WHEREAS, in order to receive said royalty interest, Weld a'w County must execute said Division Order, attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado that the execution of the Division Order concerning said Oil and Gas Lease be, and hereby is , approved. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 18th day of October, A. D. 1982 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ft€: t ATTEST: 7 L C,C3. Q4f Weld County Clerk and Recorder John Martin, Chairman and Clerk to^ the Board ��• ) BY :, wA4 ti ti1, 4)w - Chuck Carlson, Pro Tem Deputy Countlerk ��/AI gVED AS TO FORM: Norman Carlson \F—�J o•-s &- EXCUSED County Attorney C . W. Ki�� June K. /Steinmark 820018 DATE PRESENTED: OCTOBER 18 , 1982 L-Hit8-6-3- No. C©SP907200 ENERGY MINERALS CORPORATION OIL AND/OR GAS DIVISION ORDER TO: ENERGY MINERALS CORPORATION October 7 19 82 1000 Security Life liuildin 0 U Denver, CO SO'02 ^i O The undersigned, individually, guarantee and warrant that they are the legal owners, 0 3 in the proportions set out below, of the proceeds of all oil (defined as crude oil, condensate, v .r and other liquid hydrocarbons) and/or gas (defined as natural gas and casinghead gas) produced from the Vol lmar lease, described as: T R N/2SW/4 Sec. 13 T2N-R67W c- Y Cli z in Weld County, State of Colorado , and commencing as of 7 a.m. , the 1st day of September , 19 82 or commencing with the first delivery of oil and/or gas from said lease and, until further written notice, from ENERGY MINERALS CORPORATION (Energy) or from the undersigned, Energy is authorized to distribute to the undersigned, in y the proportions set forth below, the net proceeds received by Energy from the sale of oil and/ 0' � or gas from the well or wells now or hereafter located on said lease, subject to all the cove- nants of this division order. id CT: CREDIT TO OWNER DIVISION OF POST OFFICE CO NUMBER INTEREST ADDRESS SEE ATTACHED EXHIBIT! The following covenants are also parts of this division order, and shall be binding upon the undersigned, their successors, legal representatives, and assigns: 1. Energy is authorized to deliver and pass title to the oil and/or gas unto any agent, carrier, or purchaser (including Energy itself) designated by Energy. 2. Oil shall be graded and measured in accordance with the customary rules and regulations or standards generally accepted in the industry. If oil is purchased by Energy, settlement shall he based on Energy's posted or quoted price in effect on delivery date. Energy is authorized to reduce such price by any charges for transporting oil and any treating costs which, in Energy's opinion, are necessary to make the oil merchantable. If oil is sold by Energy to another purchaser, settlement shall be based on the net proceeds realized at the well by Energy from such sale, after deducting any costs for transporting or treating the oil for delivery. 3. Settlement for gas sold shall be based on the net proceeds realized at the well by .Energy after deducting any costs incurred in compressing, treating, transporting and/or lehydrating the gas for delivery. If the gas is processed, settlement shall be based on the net proceeds realized at the well, as determined by the agreement between the producer and processor, or, in the absence of such an agreement, the same basis as settlement with other producers of gas of like kind and quality processed at the same plant. 4. Payments shall be made monthly (except that payments of less than 520.00 will be deferred until the aniount due equals $10.00 or more) -by check to the respective parties at the address given above, for the amount of such purchase u; 4 price due said parties respectively. Energy shall have the right at its option to pay or arrange for the payment of production, severance, and other taxes applicable to oil and/or gas produced, delivered, and sold for the interests of the via undersigned, and to deduct such taxes paid from settlements made hereunder. n 5. The undersigned agree to furnish Energy satisfactory abstracts and other evidence of title, and in case of failure to do so, or in case of any adverse claim or dispute of title 3o to the oil and/or gas sold hereunder or to the land from which produced Energy is authorized to hold the proceeds as aforesaid until such defect of title is corrected or such adverse claim l.re or dispute is fully settled and determined to the satisfaction of Energy, unless indemnity acceptable to Energy shall be furnished. In the event any suit is filed affecting any of the interests of the undersigned in the above described land or affecting any interest of the under- n signed in the production or to the proceeds therefrom, the owners of the interests so affected z agree to hold Energy harmless from judgment rendered in such suit, and all reasonable costs and expenses incurred in defending against such claim, and from all liability for loss, hi cost, damage and expenses which Energy may suffer or incur on account of receiving and ' paying said owners the proceeds apportioned hereunder. 'w i b E. Energy is hereby relieved of any responsibility for determining when any interest r = shown above shall change by increase, decrease, termination, reversion or otherwise. Energy is authorized to remit pursuant to the division of interest shown above until written ui notice to the contrary is received by Energy and Energy shall be held harmless against ^n ui loss or liability due to Energy's failure to receive such notice. Each of the undersigned a y agrees to notify Energy in writing of any change in his interest, and no transfer of interest o '' shall be binding on Energy until Energy is furnished the original recorded instrument (or a certified copy thereof) or a transcript of proceedings which satisfactorily evidences such e transfer, and Energy's regular form of Transfer Order is fully executed and returned to _ z Energy. Regardless of the effective date of the transfer, all transfers of interest shall be _ effective hereunder as of 7:00 a.m. on the first day of a calendar month, but not earlier µ 'Q•` V than the first day of the calendar month in which such written notice is received. •- ., 7. In the event the land described herein, or any part thereof, is included in one or K u- more units now or hereafter formed or revised by order of any appropriate governmental authority, or is included in one or more authorized voluntary or declared units now or hereafter formed or revised, it is agreed that settlement shall be made in accordance with the production allocated to said land without the execution of additional division orders. 8. Each working interest owner warrants that the oil and/or gas has been produced in accordance with all applicable laws, rules and regulations. 9. This division order may be executed in counterparts, and shall be binding upon and inure to the benefit of all the undersigned, their heirs, successors and assigns, whether or not it is signed by all parties named herein. Any of the undersigned owners may terminate this division order in its entirety as to its interest effective thirty days after receipt by Energy of said owner's written notice as hereinbefore provided. 10. Energy reserves the right to assign its interests, or operations, and to appoint an Agent to make payments due hereunder, and this division order shall inure to the Assignee of Energy, or to any person appointed by Energy to make payments hereunder, without the necessity of the execution and delivery of a new or substitute division order, with the same rights vested in such Assignee or Agent as are vested in Energy herein. SOCIAL SECURITY NUtiB R OR TAX I.D. NUMBER: S WITNESS (Ther'e must be one witness to each signature) OWNERS SIGN HERE :.OR ATTEST: 1 1 e ^n Hello