HomeMy WebLinkAbout850954.tiff RESOLUTION
RE: APPROVE GAS DIVISION ORDER FROM ENERGY MINERALS CORPORATION,
1000 SECURITY LIFE BUILDING, DENVER, COLORADO 80202 AND
AUTHORIZATION FOR CHAIRMAN TO SIGN
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 Energy Minerals Corporation, and
WHEREAS, said lease covers land more particularly described
as follows:
N/2SW/4 Section 33-5N-66W
Weld County, Colorado
WHEREAS, Energy Minerals Corporation has submitted a Gas
Division Order on the subject property, and
WHEREAS, Weld County is entitled to a one-eighth 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 parcel of land described herein.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Gas Division
Order as submitted by Energy Minerals Corporation, 1000 Security
Life Building, Denver, Colorado 80202 , on the hereinabove
described parcel of land be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Division Order.
_� . •. 650954
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Page 2
RE: GAS DIVISION ORDER - ENERGY MINERALS
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 3rd day of
July, A.D. , 1985.
� i BOARD OF COUNTY COMMISSIONERS
ATTEST: T2(ALA4 ttr1 WELD COUNTY, COLORADO
Weld County Jerk and Recorder pJ a �
and Clerk to the Board J:c u ine Jo son, C airman
EXCUSED
y: 0?7tii • ner,Gene R. Brant Pro-Tem
eputy County lerk
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APPROVED AS TO FORM: C.W. KUT
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County erney
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AR2015774 Property No.00WA807400
ENERGY MINERALS CORPORATION
OIL AND/OR GAS DIVISION ORDER
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TO: ENERGY MINERALS CORPORATION .hme ] 1 , 19R5
1000 Security Life Building
Denver, Colorado 80202
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The undersigned, individually, guarantee and warrant that they are the legal
ti 0 owners, in the proportions set out below, of the proceeds of all oil (defined as crude
oil, condensate, and other liquid hydrocarbons) and/or gas (defined as natural gas and
acasinghead gas) produced from the gpOMpg #1 Lease,
O41 described as:
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U N/2SW/4 Section 33-5N-66W
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in weld County, State of rig
Colorado
W 7 a.m. , the day of , 19 , or commencing with the first
un ,a delivery of oil and/or gas from said Lease and, until further written notice, from
Z10 ENERGY MINERALS CORPORATION (Energy) or from the undersigned, Energy is authorized to
cn z distribute to the undersigned, in the proportions set forth below, the net proceeds
j received by Energy from the sale of oil and/or gas from the well or wells now or
o hereafter located on said Lease, subject to all the covenants of this Division Order.
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DIVISION OF
inCREDIT TO. INTEREST ADDRESS
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in en SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN
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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 be 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 from the sale of
gas produced out of the above described lands received by Energy after deducting any
costs incurred in compressing, treating, transporting, dehydrating or otherwise making
gas merchantable. 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 ._<at payments of less than $10.00 will
be deferred until the amount due equals $10.00 or more) by check to the respective
parties at the address given above, for the amount of such purchase 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 undersigned, and to deduct such
taxes paid from settlements made hereunder.
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 to the oil and/or gas sold hereunder or to the land from which
produced Energy is authorized to defer the proceeds as aforesaid without obligation to
0 o pay interest on the amount so deferred until such defect of title is corrected or such
o adverse claim or dispute is fully settled and determined to the satisfaction of Energy,
N unless indemnity acceptable to Energy shall be furnished. In the event any suit is
u filed affecting any of the interests of the undersigned in the above described land or
[a affecting any interest of the undersigned in the production or to the proceeds
o W therefrom, the owners of the interests so affected agree to hold Energy harmless from
o g judgment rendered in such suit, and all reasonable costs and expenses incurred in
o a defending against such claim, and from all liability for loss, cost, damage and
,-q expenses which Energy may suffer or incur on account of receiving and paying said
z owners the proceeds apportioned hereunder.
U
z 6. Energy is hereby relieved of any responsibility for determining when any
o interest shown above shall change by increase, decrease, termination, reversion or
d; "' otherwise. Energy is authorized to remit pursuant to the division of interest shown
ri x above until written notice to the contrary is received by Energy and Energy shall be
au U held harmless against loss or liability due to Energy's failure to receive such notice.
Each of the undersigned agrees to notify Energy in writing of any change in his
interest, and no transfer of interest shall be binding on Energy until Energy is
o H furnished the original recorded instrument (or a certified copy thereof) or a
• EW+ transcript of proceedings which satisfactorily evidences such transfer, and Energy's
0 (I)
regular form of Transfer Order is fully executed and returned to Energy. Regardless of
5 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 than
r• w the first day of the calendar month in which such written notice is received.
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ro 7. In the event the land described herein, or any part thereof, is included in
0 one or more units now or hereafter formed or revised by order of any appropriate
o z governmental authority, or is included in one or more authorized voluntary or declared
a units now or hereafter formed or revised, it is agreed that settlement shall be made in
111
accordance with the production allocated to said land without the execution of
r. m additional Division Orders.
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g8. Each working interest owner warrants that the oil and/or gas has been produced
in accordance with all applicable laws, rules, and regulations.
9. The undersigned hereby adopt, ratify and confirm each Oil and Gas Lease,
together with any amendments hereto, under which the oil and/or gas to which this
Division Order applies is produced. If the production which is the subject of this
Division Order is obtained from a unit or units, the establishment of such unit or
units is hereby ratified, confirmed and adopted.
10. 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.
11. 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,NUMBER OR TAX I.D. NUMBER:A R4_6000Rl9
There must b- . wEjsi ,to each signature
WITNESS/ATZ T OWNER SIGN HERE
Md
order t & ssioners
Dep ty County Clerk
B 1075 REL 02015774 07/03/85 14: 03 $0. 00 3/003
F 0985 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
SPOMER #1
T5N-R66W-Sec. 33: N/2SW/4
Weld County, Colorado
Louis E. Spomer .00700078 RI 4055 South Oneida St.
Denver CO 80237
Harry A. Ells, Jr. .00046672 ORRI 821 17th St. , STE 406
Denver CO 80202
County of Weld, a
body politic .12033281 RI C/O Board of County Commissioners
Weld County Centennial Center
915 10th St.
Greeley CO 80631
Energy Minerals
Corporation .87219969 WI 1000 Security Life Building
Denver CO 80202
t
NOTE: THIS EXHIBIT IS MADE A PART OF THIS DIVISION ORDER AND SHOULD
NOT BE REMOVED.
Fral Energy Minerals Corporation
SUBSIDIARY OF PEKO-WALLSEND LIMITED
VELD trill P 'f°""."1
June 12, 1985 D C r" ' � l ii1
JUN 141985 ' 'I
County of Weld, a body politic J U
GREELEY, COLO.
Re : Division Order / SPOMER #1
Dear Interest Owner :
Please examine the enclosed instrument indicating your division of
interest . Upon your approval , please insert your social security
or taxpayer identification number , sign one copy and have your sig-
nature witnessed or attested , and return it to this office promptly
in order that we can place your interest in line for payment . The
copy is for your records .
The lease number assigned this lease is in the upper margin of the
said instrument . When directing inquiry to this company concerning
your interest , always refer to the lease number for identification
purposes .
Please check the spelling of your name as shown on the instrument
and indicate your correct mailing address .
Sincerely yours ,
ENERGY MINERALS CORPORATION
Joyce Valerie Olivero
Division Order Analyst
/jvo
Ens :
1000 SECURITY LIFE BUILDING • DENVER, COLORADO 80202-4387 • (303) 629-7334 • Telex 82115
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