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HomeMy WebLinkAbout840022.tiff ARS952S39 RESOLUTION RE: APPROVAL OF AMENDED OIL AND GAS DIVISION ORDER CONCERNING BELLWETHER EXPLORATION COMPANY, 1630 WILSON STREET, SUITE 300 , 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 o mineral acres more particularly described as follows, to-wit: O Township 6 North, Range 66 West of the 6th P.M. Section 26: Part of the W1 NWQ NWa L1 a O WHEREAS, Bellwether Exploration Company earlier issued an o w Oil and Gas Division Order concerning this property, and L1 O WHEREAS , Weld County, Colorado, a payee, was inadvertently ro omitted from said Oil and Gas Division Order, and o x WHEREAS, Bellwether Exploration Company has now submitted era an Amended Oil and Gas Division Order naming Weld County among m o z the payees , and H H m WHEREAS, Weld County is entitled to a one-sixth royalty 0, 0 interest on production, and M Z WHEREAS, in order to receive said royalty interest, Weld rn 2 o County must execute said Amended Division Order, a copy of which a co is attached hereto and incorporated herein by reference, and r` WHEREAS , the Board deems it advisable to approve said O OCN Amended Division Order. ww NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the execution of the Amended Oil and Gas Division Order submitted by Bellwether Ex- ploration Company concerning the hereinabove described property be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is , authorized to sign said Amended Division Order. LHR 2184 /' L co 70 840022 Page 2 RE: AMENDED OIL AND GAS DIVISION ORDER - BELLWETHER The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 4th day of January, A.D. , 1984 . ‘- BOARD OF COUNTY COMMISSIONERS ATTEST: 1.17i ' 7 WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board Norman Carlson, Chairman BY; \NACkeN- putt' county Clerk J cqu ine Joh on, Pro-Tem i ; fris fr .`4 .'AP1�R4q � TOFORM: EXCUSED DATE OF SIGNING-AYE Gene R. Brantner County Attorney Chuck Carlson (At T --)22. --- JO11n T. Martin oo o 0 N N U 0 ow 0 oc4 yr W 0 O 0 U MLll o• x COa CO U o Z H \ w 0 om rn r u1 W � z M 0 0 D+ Ua a NN DAY FILE: January 9 , 1984 cn rA AMENDED OIL and GAS DIVISION ORDER TO: Bellwether Exploration Company DIVISION ORDER NO.: CO-016-01-02 1630 Welton, Suite 300 Denver, Colorado 80202 EFFECTIVE: November 17, 1983 The undersigned, and each of them, represent, guarantee and warrant that they are the legal owners, in the proportions set out on Exhibit "A" hereof, of the oil and condensate, gas, gasoline, casinghead gas, and all liquid or gaseous hydrocarbon substances produced and to be produced from the H. D. Feit #1-26; SW/4 NW/4 Sec. 26, Township 6 North, Range 66 West, Weld County, Colorado. `o From the effective date and until further written notice, you or your o assignee, nominee, or vendee are authorized for your own account to receive theproceeds of oil and condensate, gas, gasoline, casinghead gas, and all ri0 g U liquid or gaseous hydrocarbon substances therefrom, in the usual conduct of q your business, and pay the owners in accordance with the terms of the Contract o w dated September 24, 1982 between Bellwether Exploration Company, as Seller, o and Northern Natural Gas Company, Buyer (Gas), and Contract dated April 20, o a 1983 between Bellwether Exploration Company, as Seller, and Conoco, Inc., as ` W• Buyer (Oil), and any renewals, extensions or amendments thereto covering the purchase and sale of said products, for their respective interest, stated and • guaranteed on Exhibit "A", attached hereto and by this reference made a part ma hereof. (The contents of the reverse side, and any attachments hereto, shall constitute a part of this Division Order.) o ox Payment according to the foregoing provision for said products taken w u from the above described land during any calendar month shall be made on or oz before the 28th day of the month following receipt of the proceeds. It is H H agreed that if, at any settlement date, the amount payable to any party hereunder shall be less than Ten Dollars ($10.00), you may withhold payment o CFIuntil the amount payable to such party equals or exceeds the sum of Ten a a Dollars ($10.00), or in any case you will distribute the amount payable to any M W party at least yearly, whichever occurs first, in which event payment shall be w) 4, made at the next regular settlement date. Upon termination of this agreement, CN i z payment shall be made to the respective parties entitled thereto regardless of the amount or amounts due. 0 a In the event of any adverse claim or dispute arising at any time r W concerning title to said land or to the oil and/or natural gas components H d thereof produced therefrom, or concerning the right to share in the proceeds 0 cN1 from the sale of said oil and/or natural gas and components thereof, you are Ga 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. Division Order No. CO-016-01-02 Page 2 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 loss or damage it may sustain or suffer due to adverse claim to such interest. The undersigned severally agree to notify you of any change of ownership, and no transfer of interest shall be binding upon you until a proper transfer order and the recorded instrument evidencing such transfer, or a certified copy thereof, shall be furnished to you. Transfer of interest 0 shall be made effective not earlier than the first day of the calendar month o U following receipt of such notice by you. You are hereby relieved of any responsibility for determining if and when any of the interests herein set d' OU 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 their o 0 3 payments, if any, agree to give you notice in writing by registered letter o (24 addressed to BELLWETHER EXPLORATION COMPANY, 1630 Welton Street, Suite 300, m w Denver, Colorado 80202 , when any such money or other payments have been completed or discharged, or when any other division of interest other than O that set forth on Exhibit "A" attached, shall for any reason, become effective • and to furnish transfer orders accordingly, and that, in the event such notice Ln r a shall not be received, you shall be held harmless in the event of, and are • w hereby released from, any and all damage or loss which might arise out of any rn o x overpayment on payment to a party whose interest has terminated. co ca As a matter of accomodation to us, you are hereby authorized to H deduct and pay to the proper taxing authorities, all production and severance taxes required to be paid applicable to the respective interest of the o u) undersigned 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 m D described lands unless one or more of the undersigned furnishes you with `n w +n written instructions not to pay any such taxes and furnishes indemnity W c z satisfactory to you against loss resulting from such refusal to pay taxes. rn 2 o a This Division Order shall become valid and binding upon each owner wx named in the attached Exhibit "A" as signed by each such owner, regardless of whether or not all of the owners have so signed. N 0 ~ ro IMPORTANT; TO AVOID DELAY IN PAYMENT, YOUR CORRECT ADDRESS AND SOCIAL f4 114 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) r . 6//)/ ��//� --��c-- LD COUNTY BOARD OF COMMISSIONERS 1,114,4 - Qetri�llG/LtLq'�+ �a. By. Chairman r" Mt S.S. or I.D. #: 84-6000813 rrf Address: 915 10th St. , Greeley, CO 80631 By. S.S. or I.D./l: Address: AMENDED EXHIBIT "A" Division Order # CO-016-2 H. D. Feit #1-26 DIVISION OF CREDIT TO: ADDRESS: INTEREST % of 8/8ths LANDOWNER'S ROYALTY Feit, Herman 1631 N. 35th Avenue Court 0.1241093 LOR Greeley, CO 80631 as of 7/1/83 (79.43/80 X .125) o Weld County c/o Board of County 0.0011875 LOR o u Commissioners as of 7/1/83 Weld County Centennial Center L41O 915 10th Street to Greeley, CO 80632 0 w (0.57/80 X 1.666) o S 0.1252968 LOR o r=4 yr W OVERRIDING ROYALTY: O Willett, H. L. 250 Denver Club Building 0.1092162 ORI M a 518 - 17th St. Denver, Colorado 80202 a ' (79.43/80 x .11) ox • BEC General Employee Royalty 1630 Welton, Suite 300 0.0037500 ORI v Pool Denver, CO 80202 H H Aubrey, George W. 1630 Welton, Suite 300 0.0018750 ORI F Denver, Colorado 80202 o m • Nicol, Alan B. 1630 Welton, Suite 300 0.0018750 ORI rn W Denver, CO 80202 unw Z McRill, Paul E. 1630 Welton, Suite 300 0.0018750 ORI Denver, CO 80202 0 U a Hively, Roger 1630 Welton, Suite 300 0.0018750 ORI a Denver, CO 80202 H Aubrey, George 1630 Welton, Suite 300 0.0018750 ORI 0 0 Denver, CO 80202 M44 Foy, Michael J., as 1630 Welton, Suite 300 0.0018750 ORI Custodian for Jennifer E. Denver, CO 80202 Foy 0.1242162 ORI WORKING INTERESTS Brown, Willis S. Mountain Lake 0.0150098 WI Lake Wales, Florida 33853 DeClerque, Stevens and 5 Tudor City Place 0.0600390 WI Barbara Dudley DeClerque Studio 3 New York, NY 10017 Energy Resources Group 1630 Welton, Suite 300 0.2551655 WI Denver, CO 80202 Davidson, Ralph Time, Inc., 0.0150098 WI Time & Life Bldg. Rockefeller Center New York, NY 10020 ,,.,_ .,.... ♦..t... . r,9r n.,,..,. n..,..,..., n n99S1AA ITT Page 2 — Amended Division Order #CO-016-2, H. D. Feit # 1-26 Perle, E. Gabriel Time, Inc., 0.0150098 WI Time & Life Bldg. Rockefeller Center New York, NY 10020 Philip and Myrtle Ross Trust c/o Philip Ross 0.0075049 WI 10390 Wilshire Blvd., Apt. 502 0 O Los Angeles, CA 90024 o Aubrey, David 1989 Valley Meadow Drive 0.0075049 WI U Oak View, CA 93022 O o w Hardy, Jerome S. 420 Lexington Ave., #2304 0.0450292 WI o New York, NY 10017 ow 44- 14 Reich, Sally J. 50 Sutton Place S. 0.0150097 WI New York, NY 10022 o U M a C & K Associates 560 Riverside Drive, #7D 0.0150097 WI ui New York, NY 10027 o a Aubrey, Stever Tinker Lane 0.0300195 WI New Canaan, CT 06840 -zra coU Robeck, Peter P. 0. Box 328 0.0150097 WI HI H New Canaan, CT 06840 rI W � E o Halperin, Stanley & Jane, 4700 Natick Avenue, Unit 312 0.0150097 WI H/W in Joint Tenancy Sherman Oaks, CA 91403 mo MW MN Neale, Patricia G. 45 Sutton Place S. 0.0225146 WI n Z New York, NY 10022 m Bellwether Exploration 1630 Welton, Suite 300 0.1951266 WI U g Company Denver, CO 80202 0.7504870 WI r � 0 0 N Landowner's Royalty: 0.1252968 LOR w Overriding Royalty: 0.1242162 ORI Working Interest: 0.7504870 WI 1 .0000000 INSTRUCTIONS TO ALL INTEREST OWNERS - Read Carefully Before Signing The Instrument This instrument should not be altered in ally wayunless accompanied by docu- mentary evidence to support the change. If your name and interest are correctly shown: Signature: - - Sign name as shown on the instrument. - Have your signature witnessed - by at least one person not related to the partysigning: - - - 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. Signature by - If the instrument is signed by agent, attorney in fact, guardian, _ - Second Party: 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 Identi- Insert your number in the space provided.- fication Number or Social Security - - - - - Number: - 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 add— ress to which we are now mailing checks. - Change of Address: You shouldnotify 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 li your check from this company) and your old address, then state your new address withzip code. - - - RETURN THE EXECUTED INSTRUMENT WITHOUT DELAY TO WE ADDRESS BELOW. KEEP OP COPY FOR YOUR RECORDS. BELLWETHER EXPLORATION COMPANY ,.• ' - 1630 Welton Street, Suite 300 Denver, Colorado 80202 _ - ATTN: Lynda Busmire - Hello