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Home My WebLink About890695.tiff RESOLUTION RE: APPROVE REVISED GAS DIVISION ORDER FROM ASSOCIATED NATURAL GAS, INC. , P.O. BOX 5493 , DENVER, COLORADO 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 The Robert Gerrity Company, and WHEREAS, said lease covers land more particularly described as follows: TOWNSHIP 5 NORTH, RANGE 66 WEST Section 21 : WINE* Weld County, Colorado WHEREAS, Associated Natural Gas, Inc. , has submitted a Revised 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 Revised Division Order, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, said Revised 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 Revised 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 Revised 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. 890695 Page 2 RE: REVISED GAS DIVISION ORDER The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of July, A.D. , 1989. % BOARD OF COUNTY COMMISSIONERS ATTEST: uy � WELD��CO,�UNNTY, COLORADO Weld County , erk and Recorder Grin f� and Clerk to the Board C.W. Kir y, C irman BY: Ja qu ' e nson, Pro-Tem Deputy'County erk .4.1', #)a APPROVED AS TO FORM: ne . Brantner George Ke if County Attorney Gordob 890695 AR2y861.51 • REVISED GAS DIVISION ORDER • TO: ASSOCIATED NATURAL GAS, INC. P. O. Box 5493 Denver, Colorado 80217 Attn: Division Order Department Lease No. 1798 Date July 10, 1989 Plant • 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 the proceeds derived from the sale of Gas produced and saved from the Lesser Pm T71-7 lease or unit located in the County or Parish of Wold , State of Colorado more particularly described as follows: TOWNSHIP 5 NORTH, RANGE 66 WEST Section 21: WINE' by td OWNER NO. CREDIT TO DIVISION OF INTEREST DECIMAL r r, 9455 Emma Lesser, Life Tenant 40.085/80.99 x 18.75% RI .0928000 w N CO 9464 Ehmar, Inc. 40.085/80.99 x 18.75% RI .0928000 11172 Public Service Company of CO. .66/80.99 x 18.75% RI .0015300 httn 1129 Weld County .16/80.99 x 12.5% RI .0002500 ▪ 0 ',y N 4003 The Robert Gerrity Company 100% x 81.262% WI .8126200 z co I ▪ � tri Effective 8 AM date of first purhcase , and until further notice, you are hereby authorized to take or retain possession a 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 o said property(ies) subject to the conditions, convenants and directions set out below: tn, N tv FIRST:It is understood that the Gas produced from the above-described property(ies)is being sold under that certain Gas Purchase and Processing Agreement dated Dar ember 1 , 19n 8 , between The Saracen_Companyc co as "Seller" and Associated Natural Gas, Inc. as "Buyer", and that all terms and covenants contained therein, and in any amendments, r1/40 extensions,or renewals thereof shall govern and be binding upon the parties hereto in all respects which shall include,but not be restricted 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 x be deemed to include casinghead gas, gasoline and all other products which Associated Natural Gas, Inc. receives and/or recovers by cn a •• processing from Gas produced from wells on said property(ies). t.0 7Jo All covenants appearing on the reverse side hereof are incorporated herein by reference and the undersigned agree that each shall be deemed and 8 considered an essential part of this division order in like manner and with the same effect as if printed above our signatures. d C i -v) 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 O date hereof. O La; c) r Owners Sign Below Taxpayer Identification or t7 Signatures of Witnesses (Enter Mailing Address) Social Security Number C? O TTEST: o ® 6 o 84-6000813 X// N C.W. Kirby, Chairman Address: P.O. Box 758 try < Greeley, CO 80632 Address: Address: 890695 WHITE-Return to ANGI / YELLOW-For your records / PINK-ANGI file cop • ORIGINAL Q)c SECOND: Payments are to be made monthly by checks of Associated Natural Gas,Inc.to be delivered or mailed to the parties thereto entitled at the addresses above given,provided that if the amount due any owner is less.than Twenty-Five and 00/100($25.001 Dollars per month,Associated Natural Gas, Inc.,at its option,may defer the making of such payment until such time as the aggregate amount due exceeds said sum.The undersigned authorize Associated Natural Gas,Inc.to withhold from the proceeds of any and all Gas referred to herein the amount of any tax placed thereon,or on the production thereof, including but not limited to any severance, production or occupation tax,by any governmental authority,local,state and/or federal,and to pay the same in our behalf with the proceeds so withheld. W THIRD: In the event of any adverse claim of title or in the event title shall not be satisfactory to Associated Natural Gas, Inc.at any lime N during the term of this Division Order.each of the undersigned agrees to furnish complete abstracts of title and other evidence of title v satisfactory to Associated Natural Gas. Inc. and authorizes Associated Natural Gas, Inc.to withhold payment.without obligation to pay w interest on the amount so withheld.until satisfactory indemnity shall be furnished to Associated Natural Gas. Inc.against such adverse ciri„r:s Oi airy such detects 1'4 title or until title shall be made satisfactory to Associated Natural Gas.Inc..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 Gas.either before or after )0!" t' severance to indemnity and save harmless Associated Natural Gas, Inc.against any and all liability for loss,cost.damage.and expense which Associated Natural Gas.Inc.may suffer or incur on account of receiving and paying said party the proceeds derived tram the sale of said Gas Where Associated Natural Gas.Inc..pursuant to the provisions hereof,withholds payment,or any part thereof.each undersigned party from whom payment is withheld severally agrees to indemnify and hold Associated Natural Gas.Inc.harmless of and from all liability z co for any tax together with al! interest and penalties incident thereto,imposed or assessed against.or paid by it on account of the suer or rn sums so withheld from payment to said party.and deduct all such taxes.interest and penalties so paid it from any sums owing by it to said C party. tr, iV cr) FOURTH:The undersigned severally agree to notify Associated Natural Gas.Inc.of any change of ownership.and no*fifef interest H, N shall be binding upon Associated Natural Gas.Inc.until transfer order and the recorded instrument evidencing such transfer.or a certified copy thereof,shall be furnished to Associated Natural Gas.Inc..Transfer o1 interest shall be made effective 8 AM on the first day at the calendar month in which proper notice is received by Associated Natural Gas.Inc..Associated Natural Gas.Inc.is hereby relieved of any f'` cx responsibility for determining it and when any of the interests hereinabove set forth shall or should revert to or be owned by other parties as a result of the completion of discharge of money or other payments from said interests, and the.signers hereof whose interests arr. affected by such money or other payments. it any. agree to give Associated Natural Gas, Inc. notice in writing by registered iettEr x O~1 addressed to Associated Natural Gas, Inc.. P O Box 5493, Denver, Colorado 80217,Attn: Division Order Department, when any such Q,, .. money or other payments have been completed or discharged,or when any division of interest other than that set forth above shalt,for any w reason. become effective and to furnish transfer order accordingly, and that in the event such notice shall not be received. Associated o 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. O any overpayment 0 tT, t/> x10 FIFTH: It any portion of the proceeds derived from the sale of Gas is subject to refund under any order,rule or regulation of the Federal o Energy Regulatory Commission or the provisions of the Natural Gas Act or Natural Gas Policy Act of 1978,Associated Natural Gas. Inc. trs o may hold without interest the portion of the proceeds subject to refund unless indemnity satisfactory to Associated Natural Gas.Inc. has t-+ been furnished,or until Associated Natural Gas,inc.'s refund obligation has been finally determined.If any portion of the proceeds derived d from the sale of Gas is paid over by Associated Natural Gas, Inc. under any order, rule or regulation 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. is authorized to 0` 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 the legal rate of interest Associated Natural Gas,Inc.is or may be required to O N pay in connection with the undersigned's portion of the refund. SIXTH: This Division Order shall become valid and binding upon each and every owner above named upon execution hereof by such owner regardless of whether or not any of the other above-named owners have so signed. If the provisions Of this Division Order are in conflict with the provisions of any oil and gas lease covering the above described propertyties),the provisions of this Division Order shalt prevail.Each undersigned owner ratifies and confirms his oil and gas lease as being.in lull force and effect.as of the date hereof. • • • • • ti 890695 AP �` --- 4SSOCKEU NKTUIll 645, INC. July 13, 1989 • • Board of County Commissioners -- Weld County, Colorado c/o C.W. Kirby Chairman F .O. Box 758 Greeley CO 80632 RE: Lesser PM J 21 2 Weld Co . ,CO Gentlemen : Enclosed is Associated Natural Gas, Inc . ;s Revised Division Order for the above captioned well, which corrects and supercedes the order dated March 17, 199 . The correction is to the Division of Interest only. The net decimal remains unchanged . Please execute and return the original for our records . Yours very truly, ASSOCIATED NATURAL GAS, INC . / ,�J A. k-1-4-7-# Le—a-' L. Sinkes Division Order Analyst MLS : il7 1401 SEVENTEENTH STREET•SUITE 600• DENVER,COLORADO 80202•(303)292-3331 890695 MAILING ADDRESS:P.O.BOX 5493• DENVER,COLORADO 80217 Hello