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HomeMy WebLinkAbout870392.tiff RESOLUTION RE: APPROVE GAS DIVISION ORDER FROM ASSOCIATED NATURAL GAS, INC. , P.O. BOX 5493 , DENVER, COLORDO 80217, AND AUTHORIZE 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 Cache Exploration , Inc. and Conquest Oil Company, and WHEREAS, said lease covers land more particularly described as follows: Township 5 North, Range 65 West, 6th P.M. Section 12: NEaSE' Weld County, Colorado WHEREAS, Associated Natural Gas, Inc. has submitted a Gas Division Order on the subject property, and WHEREAS, Weld County is entitled to a twenty-one 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 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 Associated Natural Gas, Inc. , P.O. Box 5493, Denver, Colorado 80217, 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. / /f orty ge; / /�'7 870392 Page 2 RE: DIVISION ORDER - ASSOCIATED NATURAL GAS, INC. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of May, A.D. , 1987. BOARD OF COUNTY COMMISSIONERS ATTEST:7111 ote-bni WELD C TY LORADO Weld County Clerk and Recorder and Clerk to the Board G r ac , irman o C. . Kirby, P o-Tem Deputy County erk N APPROVED AS TO FORM: Gene R antner ( { \Jc ue e Jol n o mss, County Attorney Frank Y maguchi 870392 AR21-J0184 ^ '' GAS DIVISION ORDER TO: ASSOCIATED NATURAL GAS, INC. P. O. Box 5493 Denver, Colorado 80217 Attn: Division Order Department Lease No. 924 Date April 28, 1987 NO c.) Plant 0 The undersigned, and each of us,certify and guarantee that we are the legal owners of and hereby warrant the title to our respective interests in La the proceeds derived from the sale of Gas produced and saved from the Law #1 lease or unit located .a In the Cqunty or Parish of Weld , State of Colorado pmore particularly described as follows: n w Township 5 North - Range 65 West, 6th P.M. c4 Section 12: NE4SE'r: O U W en M ....a OWNER NO. CREDIT TO DIVISION OF INTEREST DECIMAL ti F W m U 25363 Weld County, Colorado 100% x 21% x 3.62/81 .22 .00935976 Board of County Commissioners cn Z H H E 0a sr^J coal April 1 , 1987 rl r*-. Effective 8 AM , and until further notice, you are hereby authorized to take or retain possession 0 of all Gas from said property(ies)on and after the effective day and to give credit as set forth above for all proceeds derived from the sale of Gas from oz Z said property(ies) subject to the conditions, convenants and directions set out below: N • 0 FI T:It is understood that the Gasproduced from the above-described ro ert ies is being sold under that certain Gas Purchase and Ua �¢ P P YC )� Wx Processing Agreement dated December 24 19R 6 ,between Cnnquact 0 i 1 Company as"Seller"and Associated Natural Gas, Inc. as "Buyer", and that all terms and covenants contained therein, and in any amendments, t`N extensions,or renewals thereof shall govern and be binding upon the parties hereto in all respects which shall include,but not be restricted an d' 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 'o be deemed to include casinghead gas, gasoline and all other products which Associated Natural Gas, Inc. receives and/or recovers by processing from Gas produced from wells on said property(ies). CB PTA 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 a+•r -'•` (Enter Mailing Address) Social Security Number ATTEST: �> : Ccbohte rs rg P 84-6000813 Address: 915 10th reef, P.O. Box 758 U I Greeley, CO 80631 Address: Address: WHITE-Return to ANGI / YELLOW-For your records / PINK-ANGI file copy 870392 • 4 _._ . . _. _ _ ._ ._ . _. _ .._ . _. .. _.. _ - SECOND: Payments are to be made monthly by checks n1 a"ci'r:tle•I F.:aerial Gas. Inc.to he delivered or mailed to the parties thereto entitled at the addresses above given,provided that it the arnr:urit dire••.iiiy owner i:;!e;is than Twenty-Five and 00/100($25.00)Dollars per . month,Associated Natural Gas,Inc..at its option.may deter tlrr'Ina',el!:of t'eh payment until such time as the aggregate amount due exceeds said sum. The undersigned authorize AssoriaterI Nall trat[i.r•: Itrr: to withhold from the proceeds of any and all Gas referred to herein the amount of any tax placed thereon,or on the prndn..1k'it iii''ruuf, including but not limited to any severance, production or O ocupation tax,by any governmental authority,local.state and in tr'r!v:d,arttl to pay the same in our behalf with the proceeds so withheld. No U , 0 . N U THIRD: In the event of any adverse claim of title or in the i".'rot lift•i,rdl net be satisfactory to Associated Natural Gas, Inc.at any time during the term of this Division Older,each of the cirr,ir'rsrgrvd aorr•.:. to flattish complete abstracts of title and other evidence of title CI satisfactory to Associated Natural Gas.Inc. and authorizes Assrrcrat:'rt Natural Gas.Inc. to withhold payment,without obligation to pay ' interest on the amount so withheld. until salisfactor indemnity shall be furnished to Associated Natural Gas, Inc.against such adverse o y' y..ra claims or any such defects in title,or until title shall be made satisfactory to Associated Natural Gas.Inc..Each undersigned party,as to the O PGinterest of such party hereunder. respectively agrees,in the event shot i':tiled in any court affecting title to said Gas,either before or after :n. W severance,to indemnify and save harmless Associated Natural Gar. Inc. against any and all liability for loss.cost.damage,and expense CI • which Associated Natural Gas.Inc.may suffer or incur on account of receiving and paying said party the proceeds derived from the sale of O said Gas.Where Associated Natural Gas,Inc..pursuant to the provisions hereof,withholds payment,or any part thereof,each undersigned U party from whom payment is withheld severally agrees to indemnify arid hold Associated Natural Gas.Inc.harmless of and from all liability 41 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 m sums so withheld from payment to said party.and deduct all such taxes,interest and penalties so paid it from aRy sums owing by it to said `a party. ier X a w r` a FOURTH:The undersigned severally agree to notify Associated NatiIr.it 3:rs, Inc.of any change of ownership,and no transfer of interest co U shall be binding upon Associated Natural Gas,Inc until ti arisen order and the recorded instrument evidencing such transfer,or a certified Ca Z copy thereof.shall be furnished to Associated Natural Gas. Inc. l rarisse•r of interest shall be made effective 8 AM on the first day of the Wcalendar month in which proper notice is received by Associated Nattrrirl Gas,Inc.Associated Natural Gas.Inc.is hereby relieved of any in E-a responsibility for determining if and when any of the interest:.hcrnioahr:vu'set forth shall or should revert to or be owned by other parties o a as a result of the completion of discharge of money or other payments from said interests, and the signers hereof whose interests are rzl affected by such money or other payments, it any. agree to give Associated Natural Gas, Inc. notice in writing by registered letter mi. D addressed to Associated Natural Gas, Inc.. P.O. Box 5493. Denver.Colorado 80217, Attn: Division Order Department,when any such. 0o W money or other payments have been completed or discharged,or when any division of interest other than that set forth above shall.for any w o reason, become effective and to furnish transfer order accc;''Singly and that in the event such notice shall not be received,Associated o Z Natural Gas, Inc.shall be held harmless in the event of,and is hereby released from any and all damage or loss which might arise out of, N Q any overpayment. 0 U fx a FIFTH: If any portion of the proceeds derived from the sale of Gas is subject to refund under any order,rule or re gulation of the Federal Energy Regulatory Commission or the provisions of the Natural Gas Act or Natural Gas Policy Act of 1978,Associated Natural Gas, Inc. r m may hold without interest the portion of the proceeds sribjeci to retied unless indemnity satisfactory to Associated Natural Gas, Inc.has in v. ,—i in been furnished,or until Associated Natural Gas,Inc.-5 refund obligation has been finally determined.If any portion of the proceeds derived r`t o from the sale of Gas is paid over by Associated Natural Gas, Inc. under any order, rule or regulation of the Federal Energy Regulatory fq G4 Commission or the provisions of the Natural Gas Act or Na:ural Gas Policy Act of 1978. Associated Natural Gas. Inc. is authorized to recover the amount of the refund applicable to the interest of each of the undersigned from future payments,or at Associated Natural Gas, Inc.'s election,it may invoice the undersigned therefore,plus flue legal rate of interest Associated Natural Gas,Inc.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 anti every owner above named upon execution hereof by such Owner regardless of whether or not any of the other above-named ow'i.'rs have so signed. If the provisions of this Division Order are in conflict with the provisions of any oil and gas lease covering tire 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, • • • .u.s.G d ea 9 ---- H I'D ' m n -o H o Oro MS N 0 m t. ;a is td H. A t_7 o Ar m co m t- % r rD r .e ." -O O -' I-4 u, a ,rt uil • ` - ' o cowai XI Y+ O Associated Natural Gas, 4, o rt 9c A P.O. Box 5493 o ,IV , ,,=m A • Denver, CO 80217 ' a. V -r O ATTN: Division Oder Dep .�''b 7 (ID c� b 'm ~ I ♦� '- t7 0 m rr H F • • ..\ a/0392 Hello