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Home My WebLink About860408.tiff RESOLUTION RE: APPROVE OIL DIVISION ORDER FROM BOUNTIFUL CORPORATION, 1801 CALIFORNIA STREET, SUITE 900 , DENVER, COLORADO 80202 , 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 Mayers and Company, and WHEREAS, said lease covers land more particularly described as follows: Township 5 North, Range 67 West, 6th P.M. Section 33 Weld County, Colorado WHEREAS , Bountiful Corporation has submitted an Oil 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 Oil Division Order as submitted by Bountiful Corporation , 1801 California Street, Suite 900 , 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. 860408 � � 000, ee: �x �u Page 2 RE: DIVISION ORDER - BOUNTIFUL CORPORATION The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 28th day of April, A.D. , 1986 . BOARD OF COUNTY COMMISSIONERS ATTEST\ ,?� WELD COUNTY, COLORADO Weld County lerk and Recorder _�, _ _ �.;�, \• •�!_.�� and Clerk to the Board :cqu-; "'* ��j so. , Chairman idire._ rSj�j21-czi G. • •`.'. La„ o-Tem eputy County erk i APPROVED AS TO FORM: ene R. Bra'� ner //iV G ty .W.C r y C:::::Ef:12:::_ c) „....724re/4: County Attorney Frank Yamag hi 860408 BLL/mlt AR2051476 DIVISION ORDER CONFIRMATION TO: 1111 6BOUNTIFUL LEASE NO. 050587 CORPORATION DATE 04/11/86 IBMCalifornia Street Suite 900 Denver,CO 10202 (303)297-1101 The undersigned,and each of them,guarantee and warrant that they are the legal owners of their respective interests,in the proportions hereinafter stated,in all oil produced and saved from the MAYERS & COMPANY - :doser #34-33 lease, located in Weld County,State of Colorado ,described as: Township 5 North, Range 67 West, 6th P.M. Section 33: More fully described in Exhibit "A" attached hereto and made aprt hereof. Date of First Purchase Effective at 7:00 A.M. ,and until further written notice,you are authorized to receive all such production,for your own purchase or for resale,to receive payment therefor,to give credit for all proceeds derived therefrom and pay therefor as follows: OWNER NO. CREDIT TO DIVISION OF INTEREST For Division of Interest, see Exhibit "B" attached hereto and made a part hereof. B 05 1110 REC 02086 518 400 76 CO, CO FCO F 1928 MARY ANN FEUERSTEIN CLERK & RECORDER Please note that you (as payee)are now required by law to provide Bountiful Corporation(as payor)with your correct tax identification number,if you are an individual,your tax identification number is your Social Security Number,if you do not provide us with your correct number, the law requires that beginning January 1, 1984,we withhold 20%of all payments made to you.In addition,you may be subject to a$50 penalty imposed by the Internal Revenue Service. All covenants appearing on the reverse side hereof incorporated herein by reference and the undersigned agree that each shall be deemed and considered an essential part of this division order in like mannner and with the same effect as if printed above our signatures. t.;..... Board of County Commissioners -� Weld County, Colorado SOCIAL SECURITY OR pE..OF WITNESS SIGNATURE OF OWNER TAX I.D. NUMBER \�1`('l�Jo� 84-6000-813 ATTEST: tsar �` .;! ..i. • By: C n m .F: a i r • id- • D put' tQ�t'' ;C1erk OOPS fOO 10UR MAILING ADDRESS WORMMO Board of County Commissioners P.O. Box 758 Greeley, CO 80632 �.rra 4 '1)9Zip Code The following covenants are also part of this division order and shall become valid and binding upon each and every interest owner above named upon execution hereof by such interest owner, and upon his or her successors, legal representatives and assigns, without regard to whether any other interest owner or owners have so signed. FIRST: All oil received and purchased hereunder shall be merchantable oil and shall become your property as soon as the same is re- ceived into your custody or that of any carrier designated by you. SECOND:The oil received and purchased hereunder shall be delivered f.o.b.to any carrier designated by you which gathers and receives said oil and you agree to pay for such oil to the respective owners according to the division of interests herein specified at the price being posted or paid by you at the time of such delivery. The term "oil" as used in this division order, shall include all marketable liquid hydro- carbons. THIRD: You shall compute quantity and quality, making corrections for temperature and deductions for impurities, according to the customs and prevailing practice in effect at the time and place of delivery and subject to rules and regulations prescribed by any governmen- tal authority having jurisdiction in the premises. FOURTH: Payments shall be made monthly for oil received and purchased during the preceding month, by your checks delivered or mailed to the respective parties at the addresses above stated; provided that if, at any time, the monthly payment due any party hereunder shall be less than twenty dollars($20.00),you may defer such payment,without interest,until the amount payable to such party equals or ex- ceeds the sum of twenty dollars in which event,payment shall be made at the next regular settlement date.Payment will be made at least an- nually. You are hereby authorized to withhold from the proceeds of any and all runs made hereunder each interest owner's proportionate share of any tax levied and assessed by any governmental authority on the oil received and purchased hereunder and to pay the same in our behalf. FIFTH: Satisfactory abstracts or other evidence of title will be furnished to you at any time on demand. Upon failure to furnish such evidence of title,or in the event of a claim or controversy which, in your opinion,concerns title to any interest hereunder,you may withhold, without interest and without liability,proceeds of all oil received by you hereunder until you have been furnished with indemnity satisfactory to you or competent evidence that such claim or controversy has been settled. In the event any action or suit is filed affecting title either to the real property above described or to the production therefrom in which any of the interest owners are parties,written notice thereof stating the court in which the same is filed shall be immediately furnished to you by such owner against whom the action is commenced. Each in- terest owner agrees to hold you harmless and to protect and indemnify you against any and all loss,cost,expenses or liability which may arise from such suit. SIXTH:Working interest owners and/or operators who execute this division order,and each of them,guarantee and warrant that all oil tendered hereunder has been or will be produced and delivered in compliance with all applicable federal, state and local laws,orders, rules and regulations. SEVENTH:No transfer of any interest or change in the right to receive payments hereunder,however accomplished,shall be effective as to you until 7:00 A.M.on the first day of the calendar month in which you are furnished a proper division or transfer order together with proof satisfactory to you evidencing such transfer or change in the right to receive payments hereunder,and you are hereby relieved of any and all liability for payments made prior to receipt of a proper transfer order and a certified copy of the instrument of transfer. EIGHTH:This division order shall remain in full force and effect until cancelled by any party hereto upon giving thirty days written notice in advance of any such cancellation which shall be mailed to the respective parties at the addresses shown herein.Cancellation by any in- terest owner or owners shall not be effective as to the interests of any other owner. B 1110 REC 02051476 04/28/86 14: 28 $0. 00 2/005 F 1929 MARY ANN FEUERSTEIN CLERK & RECORDER WE CO, CO EXHIBIT "A" MAYERS & COMPANY MDSER #34-33 LEASE NO. 050587 TRACT I: E1/2SWa, SWaSWc less TRACTS II & IV, W'SE', NASA Containing 233.20 acres, more or less. TRACT II: E1/2SEa Containing 80.00 acres, more or less. TRACT III: The following described tract of land less Tract IV: Beginning at the Southwest corner of said Section 33; thence North on the West line of said Section 33 for a distance of 1,242 feet to the West line of The Great Western Railway Company's right-of-way; thence Southerly 40 feet from and parallel to the centerline of said railway right-of-way for a distance of 1,419 feet to the South line of said Section 33; thence West on said South section line 400 feet to the place of beginning. Containing 5.597 acres, more or less. TRACT IV: Beginning at the Southwest corner of said Section 33 and considering the West line as bearing North 00°00'00" East with all bearings contained herein relative thereto; thence North 21°44'15" East, 81.00 feet to a point on the Easterly right-of-way line of County Road #17 said point being the true point of beginning; thence North 00°00'00" East, 182.01 feet to the centerline of the Mosier-Williams Ditch; thence along said Ditch by the following two courses and distances: South 84°01'32" East, 140.29 feet; South 68°48'41" East, 85.49 feet to the approximate West right-of-way of County Raod; thence along the arc of a curve to the right whose radius is 899.49 feet and whose long chord bears South 20°52'18" East, 194.38 feet; thence along the North right-of-way line of County Road #50, South 89°58'40" West, 246.07 feet; thence North 43°10'27" West, 62.00 feet to the true point of beginning. Containing 1.203 acres, more or less. B 1110 REC 02051476 04/28/86 14 : 28 $0. 00 3/005 F 1930 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO if+> :! I EXHIBIT "B" MAYERS & COMPANY MOSER #34-33 LEASE NO. 050587 OWNER NUMBER NAME DIVISION OF INTERESTS Royalty Interests 8897 Ralph Moser [7/48 x 233.2/320 x 16% .013358 less (7/48 x 2.5%)] 8899 Bertha Binder a/k/a [7/48 x 233.2/320 x 16% .013358 Bertha A. Binder less (7/48 x 2.5%)] 8898 Edith Kirby [7/48 x 233.2/320 x 16% .013358 less (7/48 x 2.5%)] 8892 Harold Moser [7/48 x 233.2/320 x 16% .013358 less (7/48 x 2.5%) ] 8903 Donna R. Moser McDaniel [7/96 x 233.2/320 x 16% .006679 less (7/96 x 2.5%) ] 8902 Jerry L. Moser [7/96 x 233.2/320 x 16% .006679 less (7/96 x 2.5%)] 8893 Muriel Jeanette Halley [7/48 x 233.2/320 x 16% .013358 less (7/48 x 2.5%) ] 8894 Shirley Kanmerzell [1/40 x 233.2/320 x 16% .002290 less (1/40 x 2.5%) ] 8895 Maudie [Weber [1/40 x 233.2/320 x 16% .002290 ess (1/40 x 2.5%) ] 8896 Keith A. Weber [1/40 x 233.2/320 x 16% .002290 less (1/40 x 2.5%) ] 8900 Duane Weber [1/40 x 233.2/320 x 16% .002290 less (1/40 x 2.5%) ] 8901 Larry Wehar [1/40 x 233.2/320 x 16% .002290 less (1/40 x 2.5%)] 8904 Kirchner Farm Assoc. , 2.5% .025000 a general partnership 9991 Paul L. Nelson 1/2 x 80/320 x 12.5% .015625 9992 Charlene A. Nelson 1/2 x 80/320 x 12.5% .015625 8117 Weld County, Colorado 5.597/320 x 21% .003673 9993 Ronald Gerberding and 1.203/320 x 15% .000564 Ann P. Gerberding, J/T Overriding Royalty Interests 8891 Lawrence M. Mayers [ (2.425045% x 1/2 x 233.2/320) .016249 + (5.925045% x 1/2 x 80/320) + (.347465% x 1/2 x 1.203/320) ] 8890 L. Michael Mayers, Jr. [2.425045% x 1/2 x 233.2/320) .016249 + (5.925045% x 1/2 x 80/320) + (.347465% x 1/2 x 1.203/320) ] 6149 Cassandra Herbert .25% x 313.2/320 .002447 6154 Gordon Duffy .19452% .001946 6155 Gene E. Gregg .11023% .001102 6156 Gene E. Gregg, Jr. .01945% .000195 6157 Elizabeth Jaques .01945% .000195 6158 Jo D. Nohre .00649% .000065 6159 T.M. McCoy .09077% .000908 To continue Division of Interests, see Exhibit "D" - Page 2 attached hereto and rade a part hereof. fiSy'y,4 B 1110 REC 02051476 04/28/86 14: 28 $0.00 4/005 F 1931 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXY.IBIT "B" - PAGE 2 MAYERS & COMPANY MOSER #34-33 LEASE NO. 050587 acNER NUMBER NAME DIVISION OF INTEREST Overriding Royalty Interests (Continued) 3942 M. R. McCoy .33993% .003399 3941 Rosita Trujillo .36402% .003640 6150 Sovereign Oil Company .06068% .000607 6151 Mary Lee Stevenson .04208% .000421 6152 C. K. Adams .02951% .000295 6153 Kathryn McCarthy .01967% .000197 Working Interests 8881 Mayers & Company [ (5% x 80% x 313.2/320) .040000 +(5% x 79% x 5.597/320) +(5% x 84.652535% x 1.203/320) ] 11034 Baylon Oil Company, Inc. [ (70% x 80% x 313.2/320) .560000 +(70% x 79% x 5.597/320) +(70% x 84.652535% x 1.203/320) ] 10077 Mayers & Company [ (25% x 80% x 313.2/320) .200000 *F/A/O C. K. Adams +(25% x 79% x 5.597/320) William Kindel +(25% x 84.652535% x 1.203/320) ] John Sonuer The Lenkay Company Tri Petro, Inc. Blair Thomas Sierra Energy 1981-2 a Limited Partnership Todd Knause Ned Mayers *In accordance with the Operating Agreement $0.00 5/005 B 1110 REC 02051476 04/28/86 14: 28 F 1932 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Wf l CUUNI7 CegriSS[9NtRS 6 BOUNTIFUL CORPORATION APR .`t19se April 11 , 1986 Ga2LL-`' COLa.J RE: Mayers & Company Moser #34-33 Weld County , Colorado Lease No. 050587 Dear Interest Owner : Based upon the Division Order Title Opinion and other information furnished to us , we have prepared the enclosed Confirmation Division Order for your execution. Please examine the Division Order for accuracy , and , if you are in agreement , execute one copy being certain to include your correct mailing address and Social Security and/or Tax Identification Number in the spaces provided . An executed and witnessed copy must be returned to this office . The extra copy has been provided for your file and future reference . Even though your interest has been placed in line for payment , please return the enclosed Division Order to this office as soon as possible . This will enable Bountiful Corporation to keep your interest in a current pay status . If you have any questions concerning the enclosed Confirmation Division Order , please contact our office . Sincerely, BOUNTIFUL CORPORATION ''aiha' a 6g- Barbara L. Limes Sr. Division Order Analyst BLL :mlt Enclosure y/7,7a .,., " off 1801 California Street • Suite 900 • Denver,Colorado 80202 • (303)297-1801 F11 " n / //, inn.% Hello