Loading...
HomeMy WebLinkAbout850047.tiff RESOLUTION RE: APPROVAL OF OIL AND GAS DIVISION ORDER REGARDING BELLWETHER EXPLORATION COMPANY, 600 17TH STREET, SUITE 400-N, 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 Bellwether Exploration Company. Said lease covers land more particularly described as follows, to-wit E' NE4, Section 33 , Township 6 North, Range 66 West, 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 a 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 and authorize the Chairman to sign same. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Oil and Gas Division Order submitted by Bellwether Exploration Company 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. / / 850047 n ^ 72 Page 2 RE: DIVISION ORDER - BELLWETHER The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of May, A.D. , 1985 . y� / 1,„ BOARD OF COUNTY COMMISSIONERS ATTEST: I (��,,U�� L'nnvi I ' '='``'= ,✓ WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board CJt ine J son, Chairman /'-, r �, , EXCUSED BY: 1�-.i �, Gene R. Brantner, Pro-Tem Deputy County Zrerk APPROVED AS TO FORM: C.11.- . Kir y ,(" dO 41 ) , Gordoi E: LaceYY/ Lim 1 Bounty ttorne ,0�y/ /�,�//% 1,��/ rank agii AR2L?08060 fl ,? RETAINt J," 1a"9 Apr FJJSE pr 3 1 # OIL and GAS DIVISION ORDER TO: Bellwether Exploration Company DIVISION ORDER NO. : CO-030-211 600 - 17th Street, Suite 400-N Denver, Colorado 80202 EFFECTIVE: Date of First Production 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 condens• , S. - , gasoline, casinghead gas, and all liquid or gaseous hydrocarbon i-u4s.t anc s produced and to be produced from the LOWELL—PAUL DAIRY #1-3t : g/2 N'/4 Section 33 Townshi. 6 North Ran:e 66 West Weld County, Colorado. 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 your business, and pay the owners in accordance with the terms of the Contract dated September 24, 1982 between Bellwether Exploration Company, as Seller, and Northern Natural Gas Company, Buyer (Gas) , and Contract dated August 29, 1984, between Bellwether Exploration Company, as Seller, and Conoco, Inc. , as Buyer (011) , 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 hereof. (The contents of the reverse side, and any attachments hereto, shall constitute a part of this Division Order.) Payment according to the foregoing provision for said products taken from 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 payable to any party hereunder 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 loss or damage it may sustain or suffer due to adverse claim to such interest. B 1067 REC 02008060 05/02/85 09: 06 $0 .00 1/005 F 1570 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Division Order No. CO-030-211 4/17/85 Page 2 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 shall be made effective not earlier than the first day of the calendar month 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 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 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 discharged, or when any other division of interest other than 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 shall not be received, you shall be held harmless in the event of, and are hereby released from, any and all damage or loss which might arise out of any overpayment on payment to a party whose interest has terminated. As a matter of accomodation to us, you are hereby authorized to deduct and pay to the proper taxing authorities, all production and severance taxes required to be paid applicable to the respective interest of the 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 described lands 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 pay any such taxes and furnishes indemnity satisfactory to you against loss resulting from such refusal to pay taxes. 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 VOID DELAY IN PAYMENT, YOUR CORRECT ADDRESS AND SOCIAL OR FEDERAL TAX NUMBER MUST BE SHOWN. 41 -. 1-1WES.JATtA W) OWNERS: (SIGN BELOW) as applicable,( C' (Print or type your complete address under signature) WELD COUNTY, COLORADO Board of County Commissioners C :firma DATE: May 1, 1985 S.S. or I.D. 1/: 84-6000813 Address: 915 10th St. , P.O. Box 758 Greeley, CO 80632 By: By: DATE: • S.S. or I.D. It: Address: B 1067 REC 02008060 05/02/85 09: 06 $0. 00 2/005 F 1571 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO April 17, 1985 EXHIBIT "A" LOWELL - PAUL DAIRY #1-33 DIVISION ORDER #CO-030-211 N/2 NE/4 Sec. 33-T6N-R66W, 6th P.M. , Weld County, Colorado DIVISION OF TYPE CREDIT TO: ADDRESS INTEREST PARTIC. % of 8/8ths (NR) LANDOWNER'S ROYALTY: Lowell-Paul Dairy, Inc. 14332 Weld County Road 64 0.0191695 N.R.L.O.R. Greeley, Colorado 80634 Collins, Edna, 30951 Weld County Road 31 0.0163531 N.R.L.O.R. Tenant in Common Greeley, Colorado 80634 Collins, Darryl, 30951 Weld County Road 31 0.0081766 N.R.L.O.R. Tenant in Common Greeley, Colorado 80634 Miles , Esther Louise, c/o Kenneth Dale Thompson 0.0093396 N.R.L.O.R. Tenant in Common Box P. 0. 127 New Raymer, Colorado 80742 Thompson, Henry Walter, c/o Kenneth Dale Thompson 0.0093396 N.R.L.O.R Tenant in Common P. 0. Box 127 New Raymer, Colorado 80742 Thompson, Kenneth Dale, P. 0. Box 127 0.0093396 N.R.L.O.R. Tenant in Common New Raymer, Colorado 80742 Poudre City Development P. 0. Box 1286 0.0495531 N.R.L.O.R. Group Greeley, Colorado 80631 Rinehart, Buck and 1309 32nd Avenue 0.0011719 N.R.L.O.R. Betty Rinehart Greeley, Colorado 80631 Milestone Petroleum P. 0. Box 1855 0.0119766 N.R.L.O.R. Inc. Billings, Montana 59103 The Great Western Sugar 1530 — 16th Street 0.0123500 N.R.L.O.R. Company P. 0. Box 3508 T.A. Denver, Colorado 80217 , 159`1"-(71-2 Weld County, Colorado c/o Board of County 0.0024146 N.R.L.O.R. Commissioners Weld County Centennial Center 915 - 10th Street Greeley, Colorado 80631 0.1491842 N.R.L.O.R. B 1067 REC 02008060 05/02/85 09: 06 $0 . 00 3/005 F 1572 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Page 2 - Exhibit "A" L. P. Dairy #1-33 Division Order #CO-030-211 April 17, 1985 DIVISION OF TYPE CREDIT TO: ADDRESS INTEREST PARTIC. X of 8/8ths (NR) OVERRIDING ROYALTY INTERESTS: Hayden, J. Paul 11546 West 26th Place 0.0004370 N.R.O.R.I. Lakewood, Colorado 80215 Campbell, Dennis R. 16463 E. Adriatic Place 0.0002913 N.R.O.R.I. Aurora, Colorado 80013 Rivers, Robert Ronald Route 6 , Box 278 0.0002913 N.R.O.R.I. Golden, Colorado 80403 Gerry, David L. 248 Berthoud Way 0.0002913 N.R.O.R.I. Golden, Colorado 80401 Phelps, Kerry L. 5050 North Mesa Drive 0.0013110 N.R.O.R.I. Castle Rock, Colorado 80104 Ehrlich, Reuben 2733 Eighth Avenue 0.0011653 N.R.O.R.I. Greeley, Colorado 80631 Amoco Production Company 1670 Broadway 0.0396425 N.R.O.R.I. P. 0. Box 800 Denver, Colorado 80201 Willett, H. L. 250 Denver Club Building 0.0246565 N.R.O.R.I. 518 — 17th Street Denver, Colorado 80202 BEC GENERAL EMPLOYEE 600 — 17th Street, #400-N 0.0023523 N.R.O.R.I. ROYALTY POOL Denver, Colorado 80202 Aubrey, George 1685 E. Cedar Avenue 0.0538784 N.R.O.R.I. Denver, Colorado 80209 Nicol, Alan B. 5895 Fig Court 0.0366909 N.R.O.R.I. Arvada, Colorado 80004 Foy, Michael J. and 10405 E. Pinewood Drive 0.0186409 N.R.O.R.I. Paula J. Foy, Joint Parker, Colorado 80134 Tenants Aubrey, George W. 772 Magnolia 0.0195534 N.R.O.R.I. Denver, Colorado 80220 B 1067 REC 02008060 05/02/85 09: 06 $0. 00 4/005 F 1573 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Page 3 - Exhibit "A" L. P. Dairy #1-33 Division Order #CO-030-211 April 17, 1985 DIVISION OF TYPE CREDIT TO: ADDRESS INTEREST PARTIC. % of 8/8ths (NR) OVERRIDING ROYALTY INTERESTS (continued): Hively, Roger E. 6745 W. 3rd Place 0.0004704 N.R.O.R.I. Lakewood, Colorado 80226 Richardson, Robert W. 550 E. 12th Avenue, #1906 0.0004704 N.R.O.R.I. Denver, Colorado 80203 Busmire, Lynda C. 6936 S. Sycamore 0.0004707 N.R.O.R.I. Littleton, Colorado 80120 Sharp, Anthony W. 1048 S. Elmira St. 0.0004704 N.R.O.R.I. Denver, Colorado 80231 Reichel, Daniel D. 5305 Hillary Circle 0.0004704 N.R.O.R.I. Parker, Colorado 80134 Kramer, Scott 9817 Pinevalley Drive 0.0004704 N.R.O.R.I. Franktown, Colorado 80116 Grubb, Ed 11605 W. 74th Avenue 0.0004704 N.R.O.R.I. Arvada, Colorado 80005 0.2024952 N.R.O.R.I. WORKING INTEREST: General Atlantic Energy 1400 Denver Club Building 0.1118954 N.R.W.I. Corporation 518 - 17th Street Denver, Colorado 80202 Bellwether Exploration 600 - 17th Street, #400-N 0.5364252 N.R.W.I. Company Denver, Colorado 80202 0.6483206 N.R.W.I. LANDOWNER'S ROYALTY: 0.1491842 N.R.L.O.R. OVERRIDING ROYALTY: 0.2024952 N.R.O.R.I. WORKING INTEREST: 0.6483206 N.R.W.I. 1 .0000000 B 1067 REC 02008060 05/02/85 09: 06 $0 . 00 5/005 F 1574 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Hello