Loading...
HomeMy WebLinkAbout860132.tiff RESOLUTION RE: APPROVE GAS DIVISION ORDER FROM NATURAL GAS ASSOCIATES , 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 which has been assigned to Conquest Oil Company, and WHEREAS, said lease covers land more particularly described as follows: Township 6 North, Range 65 West, 6th P.M. Section 19 : N1 NWT Weld County, Colorado WHEREAS, Natural Gas Associates 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 Natural Gas Associates, 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. a ` -,6741 6741 860132 Page 2 RE: GAS DIVISION ORDER - NATURAL GAS ASSOCIATES The above and foregoing Resolution was, on motion duly made and seconded , adopted by the following vote on the 29th day of January, A.D. , 1986 . ATTEST�I aLM4 W BOARD ELDCOUNTY OF ,N TY COMMISSIONERS COLORADO Weld County Clerk and Recorder and Clerk to the Board ue 'ne Jot on, Chairman CY: d,jt- c a R. B£! , pro-Temr De uty County Cl k APPROVED AS TO FORM: C. . yII \J) G c Air,++ County Attorney Fr nk a chi 860132 GAS DIVISION ORDER TO: NATURAL GAS ASSOCIATES P.O. Box 5493 Denver, Colorado 80217 Attn: Division Order Department Lease No. ;I Date I p..iiry 20, 19"6 Plant Fn ton 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 Monfort- 11-19 lease or unit located in the County or Parish of Wet d , State of C intact more particularly described as follows: Township 6 North, Range 55 West, 6th P.M. Section 19 N1/2' N'tv"(v OWNER NO. CREDIT TO DIVISION OF INTEREST DECIMAL 22031 Weld County, Colorado 21 x 1. 133/80.372 .0029603i Effective 8 AM c:atP of first pi irrcbass , and until further notice, you are hereby authorized to take or retain possession 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 said property(ies)subject to the conditions, convenants and directions set out below: 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 October 16, , 198 5 , between Ce as"Seller"and Natural Gas Associates as"Buyer",and that all terms and covenants contained therein,and in any amendments,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 be deemed to include casinghead gas,gasoline and all other products which Natural Gas Associates receives and/or recovers by processing from Gas produced from wells on said property(ies). All covenants appearing on the reverse side hereof are incorporated herein by reference and the undersigned agree that each shall be deemed and consid- ered 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 Signatures of Witnesses (Enter Mailing Address) Social Security Number Board of County Com issioners X771t t ( t.f""7 •t r t^rid 84-6000-813 ATTEST: +` k <tr �.^ ai man By: % 1� Address: ii9 .:ot tty Centen..ial ar e. . i',1. le: t''1 Strom Grealev° CO 80bJ'J Address: Address: B 1101 BBC 02041126 01/30/86 11 : 33 $0. 00 1/002 F 0773 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO YOUR COPY 860132 Aec'06,--? urt ,: JEDcopj' SECOND: Payments are to be made monthly by checks of Natural Gas Associates 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($25.00)Dollars per month, Natural Gas Associates,at its option, may defer the making of such payment until such time as the aggregate amount due exceeds said sum.The undersigned authorize Natural Gas Associates 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. THIRD: In the event of any adverse claim of title or in the event title shall not be satisfactory to Natural Gas Associates at any time during the term of this Division Order,each of the undersigned agrees to furnish complete abstracts of title and other evidence of title satisfactory to Natural Gas Associates and authorizes Natural Gas Associates to withold payment,without obligation to pay interest on the amount so withheld,until satisfactory indemnity shall be furnished to Natural Gas Associates against suctledverse claims or any such defects in title, or until title shall be made satisfactory to Natural Gas Associates.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 severance, to indemnify and save harmless Natural Gas Associates against any and all liability for loss,cost,damage,and expense which Natural Gas Associates may suffer or incur on account of receiving and paying sparty the proceeds derived from the sale of said Gas,Where Natural Gas Associates, pursuant to the provisions hereof,withholds payment,or any part thereof,each undersigned party fromwhom payment is withheld severally agrees to indemnify and hold Natural Gas Associates harmless of and from all liability for any tax,together with all interest and penalties incident thereto, imposed or assessed againsYor paid by it on account of the sum or sums so withheld from payment to said party, and deduct all such taxes, interest and penalties so paid by it from any sums owing by it to said party. FOURTH: The undersigned severally agree to notify Natural Gas Associates of any change of ownership,and no transfer of interest shall be binding upon Natural Gas Associates until transfer order and the recorded instrument evidencing such transfer,or a certified copy thereof, shall be furnished to Natural Gas Asssociates.Transfer of interest shall be made effective 8 AM on the first day of the calendar month in which proper notice is received by Natural Gas Associates.Natural Gas Associates is hereby relieved of any responsibility for determining if 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 or discharge of money or other payments from said interests,and the signers hereof whose interests are affected by such money or other payments, if any, agree to give Natural Gas Associates notice in writing by registered letteraddressed to Natural Gas Associates, P.O. Box 5493, Denver, Colorado 80217,Attn: Division Order Department,when any such moneyor other payments have been completed or discharged,or when any division of interest other than that set forth above shall,for any reason,become effective and to furnish transfer order accordingly,and that in the event-such notice shall not be received, Natural Gas Associates shall be held harmless in the event of, and is hereby released from any and eY'damage or loss which might arise out of,any overpayment. FIFTH: If any portion of the proceeds; ved from the sale of Gas is subject to refund undereny 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, Natural Gas Associates may hold without interest the portion of the proceeds subject to refund unless indemnity satisfactory to Natural Gas Associates has been furnished, or until Natural Gas Associates' refund obligation has been finally determined. If any portion of the proceeds derived from the sale of Gas and paid over by Natural Gas Associateeunder any order,rule or regulation of the Federal Energy Regulatory Commission or the provisions of the Natural Gas Act or Natural Gas Polley Act of 1978,Natural Gas Associates is authorized tOrecover the amount of the refund applicable to the interest of each of the undersigned from future payments,or at Natural Gas Associates' election, it may invoice the undersigned therefore,plus the legal rate of interest Natural Gas Associates 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 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 property(ies),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. z 17 SEM Mr tIMISIMOS CONQUEST OIL COMPANY JAN 2 7 1988 INSTRUCTIONS TO ALL INTEREST OWNERS THIS DIVISION ORDER SHOULD NOT BE ALTERED IN ANY WAY (EXCEPT TO CORRECT ' SPELLING ERRORS) UNLESS ACCOMPANIED BY DOCUMENTARY EVIDENCE TO SUPPORT THE CHANGE. It your name and interest are correctly shown: Signature Sign your name as shown on the Division Order. Have your signature witnessed by two (2) competent witnesses. If your name has changed due to marriage or divorce, execute the Division Order using your current name, and furnish us with a copy of marriage certificate or divorce decree if not previously submitted. • If signing for a corporation,signature must be attested,corporate seal affixed, and title of signatory party shown. If signed by agent,attorney-in-fact,guardian or any party other than the named interest owner,we must have a certified copy of the power of attorney or other evidence of such party's right to sign. Division Orders for partnerships must be executed by all partners or by an authorized partner. We must be furnished a certified copy of the instrument giving said partner authority if not previously furnished. Social Furnish your social security number or taxpayer identification number by Security No. writing it beside your signature in the space provided. Mailing Be sure that the Division Order reflects your correct mailing address so that Address you may promptly receive payments for your Interest. If the address shown is not correct, please change it in the space provided beneath your signature. RETURN THE EXECUTED DIVISION ORDER(WHITE COPY)WITHOUT DELAY TO THE ADDRESS BELOW. KEEP THE YELLOW COPY FOR YOUR RECORDS. Natural On Associates Division Order Department P.O. Box 5493 Denver,Colorado 80217 if you wish to discuss the Division Order on the telephone, call Bill Crews at(303) 330-3041 860132 Hello