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HomeMy WebLinkAbout840023.tiff RESOLUTION RE: APPROVAL OF OIL AND GAS DIVISION ORDER REGARDING BELLWETHER EXPLORATION COMPANY, 600 17TH STREET, SUITE 400-N, 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 Bellwether Exploration Company. Said lease covers land more particularly described as follows , to-wit: Wi SEq, Section 33 , Township 6 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, Bellwether Exploration Company has submitted an Oil and Gas Division Order on the subject property, and WHEREAS , Weld County is entitled to one-sixth 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 O. 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 Commissioners of Weld County, Colorado, that the Oil and Gas Division Order as submitted by Bellwether Exploration Company be , and hereby is, approved. 840023 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of December, A.D. , 1984 . '�" ..1- BOARD OF COUNTY COMMISSIONERS ATTEST: l' 7.dl'"1 /°.(/! WELD COUNTY, COLORADO �J // Weld County erk and Recorder . (-h--o.---- and Clerk to the Board Norman Carlson, Chairman \. %- ue ne Jo r on em BY: i�/.Q/.�.cc�� ��// A Deputy ,Coun y�k 1t g APPROVED AS TO FORM: ene R. Brantn�~� ^^ eczievi, ' lt C uck Carlson -) County Attorney L/ s> . 727 J�Sn T. Martin AR1993a50 December 11 , 1984 OIL and GAS DIVISION ORDER O TO: Bellwether Exploration Company DIVISION ORDER NO.: CO-033-33-01 o 600 - 17th Street, Suite 400-N p Denver, Colorado 80202 EFFECTIVE: Date of First Production U Ca o The undersigned, and each of them, represent, guarantee and warrant that o S they are the legal owners , in the proportions set out on Exhibit "A" hereof, o z of the oil and condensate, gas, gasoline, casinghead gas, and all liquid or qgaseous hydrocarbon substances produced and to be produced from the DAVIS #2-33; W/2 SE/4 Section 33, Township 6 North, Range 66 West, Weld County, O w Colorado. M Q From the effective date and until further written notice, you or your assignee, nominee, or vendee are authorized for your own account to receive the proceeds of oil and condensate, gas, gasoline, casinghead gas, and all liquid or gaseous hydrocarbon substances therefrom, in the usual conduct of m U your business, and pay the owners in accordance with the terms of the Contract -AZ dated September 24, 1982, between Bellwether Exploration Company, as Seller, H and Northern Natural Gas Company, as Buyer (Gas) , and Contract dated July 24, 1984, between Bellwether Exploration Company, as Seller, and Conoco, Inc. , as Buyer (Oil) , and any renewals, extensions or amendments thereto covering the o a purchase and sale of said products, for their respective interest, stated and w guaranteed on Exhibit "A", attached hereto and by this reference made a part O1 z hereof. (The contents of the reverse side, and any attachments hereto, shall rn z constitute a part of this Division Order.) aPayment according to the foregoing provision for said products taken from z < the above described land during any calendar month shall be made on or before the 28th day of the month following receipt of the proceeds. It is agreed -( that if, at any settlement date, the amount W) -( payable to any party hereunder CD o shall be less than Ten Dollars ($10.00) , you may withhold payment until the amount payable to such party equals or exceeds the sum of Ten Dollars ($10.00) , or in any case you will distribute the amount payable to any party at least yearly, whichever occurs first, in which event payment shall be made at the next regular settlement date. Upon termination of this agreement, payment shall be made to the respective parties entitled thereto regardless of the amount or amounts due. In the event of any adverse claim or dispute arising at any time concerning title to said land or to the oil and/or natural gas components thereof produced therefrom, or concerning the right to share in the proceeds from the sale of said oil and/or natural gas and components thereof, you are authorized to withhold, to the extent which you deem necessary for your protection, the proceeds accruing from purchases hereunder, without interest and without liability (except as a stakeholder) , until indemnity satisfactory to you has been furnished or until such dispute or claim has been settled to your satisfaction. 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 oil and/or natural gas and components thereof or proceeds thereof either before or after severance, to indemnify and save you harmless against any and all liability for loss, cost, damage, and expense which you may suffer or incur on account of receiving and paying said party the proceeds derived from the sale of said oil and/or gas and all components thereof. The oil and gas lease or leases together with any amendments thereto or modifications thereof, under which the oil and gas are produced are hereby ratified, adopted, and approved and each of the undersigned severally represents he owns and claims no interest greater than the interest set out after his name and hereby warrants the title thereto , and further agrees to hold harmless and indemnify BELLWETHER EXPLORATION COMPANY for and on account of any lose or damage it may sustain or suffer due to adverse claim to such interest. Division Order No. CO-033-33-01 12/11/84 O Page 2 o U The undersigned severally agree to notify you of any change of ownership, N U and no transfer of interest shall be binding upon you until a proper transfer a order and the recorded instrument evidencing such transfer, or a certified o w copy thereof, shall be furnished to you. Transfer of interest shall be made O 3 effective not earlier than the first day of the calendar month following o a receipt of such notice by you. You are hereby relieved of any responsibility ▪ w▪ for determining if and when any of the interests herein set forth shall or W• 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 z• hereof whose interests are affected by such money or their payments, if any, agree to give you notice in writing by registered letter addressed to BELLWETHER EXPLORATION COMPANY, 600 - 17th Street , Suite 400-N, Denver, • Colorado 80202, when any such money or other payments have been completed or d a discharged, or when any other division of interest other than that set forth m U on Exhibit "A" attached, shall for any reason, become effective and to furnish z transfer orders accordingly, and that, in the event such notice shall not be w received, you shall be held harmless in the event of, and are hereby released C from, any and all damage or loss which might arise out of any overpayment on a payment to a party whose interest has terminated. z `f' As a matter of accomodation to us, you are hereby authorized to deduct and o z pay to the proper taxing authorities, all production and severance taxes o z required to be paid applicable to the respective interest of the undersigned o in the oil and/or gas and components thereof or in the proceeds of oil and/or natural gas and components thereof produced from the above described lands o a Wx g including but not limited to ad valorum taxes and conservation taxes, unless one or more of the undersigned furnishes you with written instructions not to H pay any such taxes and furnishes indemnity satisfactory to you against loss z resulting from such refusal to pay taxes. � o z G This Division Order shall become valid and binding upon each owner named in the attached Exhibit "A" as signed by each such owner, regardless of whether or not all of the owners have so signed. IMPORTANT; TO AVOID DELAY IN PAYMENT, YOUR CORRECT ADDRESS AND SOCIAL SECURITY OR FEDERAL TAX NUMBER MUST BE SHOWN. WITNESS/ATTEST: (SIGN BELOW) OWNERS: (SIGN BELOW) as applicable (Print or type your complete address under signature) � 'Wan, WELD COUNTY Weld Cdi y pWrinalid_Recorder By: � ( _ e Deput lurb: .erk Board of Commissioners By: By: DATE: December 31, 3984 S.S. or I.D. #: L _ CI . i Address: P.O. BOY 75R Greeley, CO 80632 o UDecember 11 , 1984 0 co O EXHIBIT "A" ca Davis #2-33 Division Order #CO-033-33-01 a o W 0o V3- w DIVISION OF W CREDIT TO: ADDRESS: INTEREST W % of 8/8ths rn r4 W Ln � x LANDOWNERS' ROYALTY: W •:r w Underwood, Lester and Grace 200 N. 35th Ave. 0.0125000 LOR co U A. Underwood, Joint Tenants Box 5 r z Greeley, CO 80631 CO H \ W CV m Russell, Harold M. and 6312 West C Street 0.0125000 LOR W Shirley J. Russell, Joint Greeley CO 80631 o Tenants In W pow rn 2 Wright, Orville 2606 6th Street 0.0244414 LOR rn ZGreeley, CO 80631 0 W W Johnson, Nora N. 4253 West Ponds Circle 0.0244414 LOR x al Littleton, CO 80123 •cr Lo Ln Davis, Windon H. 2730 Buena Vista Dr. 0.0366621 LOR O Greeley, CO 80631 ri 0 o w a 2730 Buena Vista Dr. 0.0122207 LOR Davis, Betsy L. Greeley, CO 80631 Weld County c/o Board of Commissioners 0.0029792 LOR Centennial Center 915 Tenth Street Greeley, CO 80631 0.1257448 LOR OVERRIDING ROYALTY: Willett, H. L. 250 Denver Club Building 0.1080337 ORI 518-17th Street Denver, CO BEC General Employee 600-17th St. , #400-N 0.0040552 ORI Royalty Pool Denver, CO 80202 Aubrey, George 1685 E. Cedar Ave. 0.0016221 ORI Denver, CO 80004 Foy, Michael J. and 10405 E. Pinewood Dr. 0.0016221 ORI Paula J. Foy, Joint Tenants Parker, CO 80134 772 Magnolia 0.0016221 ORI Aubrey, George W. � Denver, CO 80220 liively, Roger E. 6745 W. 3rd Place 0.0005677 ORI Lakewood, CO 80026 Richardson, Robert W. 550 E. 12th Ave. , #1906 0.0011354 ORI Denver, CO 80203 Busmire, Lynda C. 6936 S. Sycamore 0.0011357 ORI Littleton, CO 80120 Sharp, Anthony W. 470 S. Decatur St. 0.0005677 ORI Denver, CO 80219 Reichel, Daniel D. 5305 Hillary Circle 0.0005677 ORI Parker, CO 80134 o 0 Division Order #CO-033-33-01 o December 11 , 1984 Page 2 U Q o W OVERRIDING ROYALTY: og o a Kramer, Scott 9817 Pinevalley Dr. 0.0011354 ORI cfrq Franktown, CO 80116 0 U v Grubb, Ed 11605 W. 74th Avenue 0.0005677 ORI M w Arvada, CO 80004 0.1242546 ORI � x rz w a WORKING INTEREST: co M H Bellwether Exploration 600-17th St. , #400—N 0.7500006 WI Company Denver, CO 80202 N F rH LANDOWNERS' ROYALTY: 0.1257448 LOR � w OVERRIDING ROYALTY: 0.1242546 LOR o, WORKING INTEREST: 0.7500006 Wi z riz o 1 .0000000 Ua w � r Ln o .-O r-i G W I, L 1 INSTRUCTIONS TO ALL INTEREST OWNERS READ CAREFULLY BEFORE SIGNING THE INSTRUMENT This instrument should not be altered in any way unless accompanied by documentary evidence to support the change. IF YOUR NAME and INTEREST ARE CORRECTLY SHOWN: Signature: Sign the name as shown on the instrument. Have your signature witnessed by at least one person not related to the party signing. Where applicable, have your spouse join in execution. If signing for a corporation, signature must be attested, corporate seal affixed, and title of signatory party shown. If not previously furnished, a certified copy of authority of executing officer must be submitted. If signed for a partnership, all partners must sign unless signed by an authorized partner and we are furnished a certified copy of his authority. Date: Show date of execution. Signature by Second Party: If the instrument is signed by agent, attorney in fact, guardian, estate representative, trustee or any party other than the named interest owner, we must have evidence of the rights vested in the signatory party. Taxpayer Identification or Social Security No.: Insert your number in the space provided. Mailing Address: Indicate in the space provided, the address to which checks are to be mailed. Print or type. Do not abbreviate. If you are already receiving checks from this company, be sure to use the same address to which we are now mailing checks. Change of Address: You should notify us promptly of any change in your mailing address. The notice must be over your own signature, or the signature of your appointed agent. Always include your Owner Number (which appears on your check from this company) and your old address, then state your new address with zip code. RETURN THE EXECUTED INSTRUMENT AS MARKED WITHOUT DELAY TO THE ADDRESS BELOW. KEEP ONE COPY FOR YOUR RECORDS. BELLWETHER EXPLORATION COMPANY 600 - 17th Street Dominion Plaza, Suite 400—N Denver, Colorado 80202 ATTN: Lynda Busmire Hello