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 .
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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.-
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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.
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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.
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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
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