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HomeMy WebLinkAbout850081 RESOLUTION RE: APPROVAL OF OIL DIVISION ORDER FROM ASAMERA OIL (U. S. ) INC. , P.O. BOX 118 , DENVER, COLORADO 80201 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 Machii-Ross Petroleum Company, and WHEREAS , said lease covers land more particularly described as follows: Township 5 North, Range 67 West, 6th P.M. Section 29 : E/2 Weld County, Colorado WHEREAS, Asamera Oil (U.S. ) Inc. , has submitted an Oil Division Order on the subject property, and WHEREAS, Weld County is entitled to a eighteen percent royalty interest on productions , 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 Asamera Oil (U.S. ) Inc. , P.O. Box 118 , Denver, Colordo 80201 , on the hereinbove described parcel of land be, and hereby is , approved. y P500)31 Page 2 RE: OIL DIVISION ORDER - ASAMERA The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of April, A.D. , 1985 . `� BOARD OF COUNTY COMMISSIONERS ATTEST: l�✓w.ti / +�" WELD COUNTY, COLORADO Weld County Jerk and Recorder and Clerk to the Boardorlig44\Athane-- acson, Chairman 1 EXCUSED Fj-ywjyt,� e43,J Gene R. Brantner, Pro-Tem D puty County Cl rk p APPROVED AS TO FORM: C.W. K (.----7 ' C-2-7LICa"---AjrZeL) • •eLa`County Attorney rank Yam!•uch T -- OIL DIVISION ORDER ASAMERA OIL (U. S.) INC. Division Order No. 66463 AnPOST OFFICE BOX 118 • DENVER,COLORADO 80201 Date: 037?2185 Each of the undersigned, severally and not jointly, certifies and warrants to Asamera that he is the owner of the interest shown opposite his name in the below described property or of mineral rights therein or is entitled to receive the value or proceeds from the sale of oil (which shall mean crude petroleum and all other liquid hl drocarbons,in- cluding condensate, which shall be accounted for in the same manner as oil hereunder) produced from the TOLLGATE 2-29.1 lease or property, operated by MACHI I-ROSS PETROLEUM COMPANY situated in field or area, in WELD County, COLORADO and more fully described as follows to-wit: TOWNSHIP 5 NORTH. RANGE 67 WEST. 6TH P.M. SECTION 29: E/2 WELD COUNTY. COLORADO From and after the day of F IRST RUNS , 19 85 ,at 7:00 a.m., and until further written notice to Asamera,and subject to the following provisions, Asamera is authorized: (a) to purchase and receive oil produced from the above described property,or (b) where Asamera owns a working interest in said property or has a right to market all or a portion of the production therefrom, to sell and/or deliver oil produced from such property to any purchaser Asamera may designate, and Asamera shall give credit for said oil pursuant to the directives contained herein. Credit to: Division of Interest Address WELD COUNTY .00102375 RI BOARD OF COUNTY COMMISSIONERS 92769 (BEFORE PAYOUT) WELD COUNTY CENTENNIAL CENTER .00102375 RI 915 10TH STREET (AFTER PAYOUT( GREELEY CO 60631 NO 0 • 0 rl O L1 OW o � O I4 v}w 0 0 O U 14 Cr) rx a w ODa OD o r1 z a H �rE otn Ln w rw ,-iw 0z oz N ICC 0 P4 Va w CO O VD N 0 ti � ww PUREORTED COPY • FIRST: Only merchantable pipeline oil shall be tendered to you hereunder, and title shall pass to you upon deliven to any transportation facility designated by you. You shall compute quantities and make corrections for temperature and deductions for impurities in accordance with your rules, regulations, and customs in effect at that time and place of delivery. Each of the undersigned working interest owners, if any, agree that all oil run hereunder will be produced and delivered in compliance with all applicable federal, state, and local laws, orders, rules, and regulatic ns. SECOND: Settlement for the aforesaid interests shall be made on the basis of the current field price adopted or posted bv you for oil of like grade and gravity at the time and place of delivery. THIRD: Payments are to be made monthly by your checks delivered or mailed to the parties thereto entitled at the address above given. If at any settlement date the amount payable to any party hereunder shall be less than fiftec a dollars ($15.00), you may defer such payment and make payment when the amount has accumu- lated to fifteen dollars ($15.00), but in any event at not less than annual intervals. Deductions for any severance, gross production; occupation, windfall profit or other tax imposed on the production, sale or purchase of such oil may be made therefrom by Asamera. FOUR'lI I: In case of any adverse claim of title as to any interest or interests covered hereby, or if,in the opinion of Asamera, any of the undersigned parties may not have good title to the interest claimed, each of the undersigned affected authorizes you to defer payment, without obligation to pay interest on the amount so de- ferred, until such adverse claim or dispute is finally determined or title is resolved to your satisfaction. FIET11: No transfer of an interest of any nature or change in the right to receive payments, however accomplished, shall he effective as to you until 7:00 a.m. the first day of the calendar month after which you are furnished proper division or transfer order and proof satisfactory to you of such transfer or change, and you hereby are released from any and all liability for payments made prior thereto pursuant to this instrument. Each of the undersigned, severally, agree to hold you harmless from any payment made without such proper notification. SIXTH: If all or any part of the above described property is included in a pooled unit hereafter, then as to each undersigned party who has agreed to, or is bound by such unit, this division order shall cover and be appli- cable to the unitized minerals which, in accordance with the terms of the instruments pursuant to which such unit has been established, arc allocated to the above described property, and payment hereunder to such undersigned party shall be computed on such allocated minerals in accordance with the interest credited to such party herein. SEVENTH: This division order shall become valid and binding on each and every owner above named as soon as signed by such owner regardless of whether or not all of the above named owners have so signed. ALL SIGNATURES MUST BE WITNESSED (Each Married Person Should Be Joined By Their Spouse) Board of County Catlmissi.oners A Weld County, Colorado firei .Weld Co ty Clerk and Recorder and Clerk to the Board Commissioner Brantner Excused Depbty County L./ • R4-600081 Taxpayer ID No. Please sign your name exactly as it appears herein and also insert your Social Security or taxpaper identifica- tion number. >k' ' • form B458 (Rae. aaoamber 1932) Certification and Election Form a No. isle-eye 0ne:bean al the neaaun hinstructions. [relrr t-3P-a5 Urinal meow lamauem separate Nartte Yctr agw Identitylog melt+er Weld County, Colorado , Board of County Commissioneys 84-600081 Address (numbar and street) 915 10th Street, P .O. Box 758 City or town, State and ZiP coda Greeley, CO 80632 Name of puttneur (only completed by a purchaser who is torwerdmg a qualified disburser election) Taxpayer identifying number OPtaifikTaK Exemption Certificate I certify that all my production from the properties on the attached list is exempt from the windfall profit tax. I am entitled to this exemption because I qualify for the status indicated below(check applicable box): O Qualified governmental interest(section 4994(a)) O Exempt Indian oil (section 4994(d)) • Qualified charitable interest(section 4994(b)) O Qualified independent producer of exempt stripper well oil (section ._. ._--—4994(x);o*y-epalreate-eil remorse-after 1922) - -. ._ .-- 1 understand that I must file Part III within 10 days after I no longer qualify for exemption from the windfall Profit tax. Unoer densities of penury,I declare that I nave esammed this certificate. including accompanying instructions. aM to the beet of my knowledge and belief, it le true, correct, and complete. CHAIRMAN, BOARD�P OF COUNTY COMMISSIONE S Signature of exempt p Data ` APRIL 1, 1985 endent�i�rEducer C �ate IndeP I certify that I qualify as an independent producer as defined in section 4992. and tnat all my taxable production from the prop- erties listed on the attached sheet is entitled to the lower rate of windfall profit tax for tier one and tier two oil. The total taxable production from these properties (plus production from other qualified property that I have certified)does not exceed my share of the 1,000 barrel a day amount for Independent producers. I certify that (check applicable box): O I am a member of a related group (as defined in section 4992(e)(2)). I anT attaching a list to the Form 6458 that I am filing with the IRS showing the namo and taxpayer identifying number of all other members of my "related group." • I am not a member of a related group (as defined in section 4992(e)(2)). I understand that I must file Part ill within 10 days after I no longer qualify et an independent producer. tinder;Wallin of penury. l oscine that I have examined true certificate, including ecterneenymg mstructiene. anal to the OW af my knowledge and belief, it is true. correct. and complete. Signature of Independent producer ► Date lie bParVtlli? Revocation of a Previously Filed Certificate I no longer qualify for exemption from, or reduced rates of, the windfall profit tax. The status that I previously claimed was: O Qualified governmental interest O Independent producer O Qualified independent producer of exempt stepper wall oil O Qualified charitable interest ❑ Exempt Indian oil Date of original certification Is Service Center where filed ► Effective date of revocation Se Signature of producer ► Date ► 18trtIV4 Qualified Disburser Election I certify that I am a qualified disburser as defined In regulations issued under section 4995 and that I hereby elect to perform all the duties normally imposed upon the purchaser in regard to the administration of the windfall profit tax. I understand I must file Part VI within 10 days after this election is terminated. Enecuve date of eection Property Include fun Use nom_. '"cation. and icentifying number, if aponeebiei S.enetur♦ of cuawnd ouourter Duo For Paperwork Reduction Act Notice, see page 1 of the instructions. 363-ors-t Form 6458 (Rey. p-$2) ASAMEBA OIL (U. S.) INC. atPOST OFFICE BOX 118 • DENVER,COLORADO 80201 MARCH 22. 1985 PEED rRp ty f'Y'.. WELD COUNTY b -t� HOARD OF COUNTY COMMISSIONERS WELD (:OUNTY CENTENNIAL CENTER MAR LABnq G 719 85 915 lte1H STREET 1 GREE LEY CO 80631 GREELEh Re: TS11 1 C,ATF 2-29J WELD COLORADO Dear In:Crest Owner: Effective with the first crude oil sales, Asamera Oil (U.S.) Inc. commenced purchasing the crude production from the TOLLGATE 2-294 inwri n County, COLORADO We have obtained the title opinion with a list of the interest owners from MARHI 1-ansS PETROLEUM and have prepared our Division Order based upon this information. To insure a timely, uninterrupted payment, please check your Division Order for proper spelling of your name, correct interest and correct mailing address. Should your name be incorrectly spelled, or your address changed, please make the necessary corrections on the face of the Division Order. However, if your decimal interest is incorrect, please advise this office immediately. If your Division Order is accurate, please properly execute one copy by signing in the space provided on the back. Also, please have your signature witnessed. Please include your Social Security or tax account number in the space provided on the Division Order. The second copy of the Division Order should be retained for your records. After we have received your Division Order properly executed, we will place your interest in line for payment. Note that with regard to the executing of the Division Order, the following points should be reviewed and complied with: I ) When signing on behalf of a corporation, the signature should be attested, the corporate seal affixed, and the title of the signatory party should be shown. -2- 2) Partnerships should have all partners sign, or furnish us with a certified copy of the Resolution authorizing the signature affixed to the Division Order when the Division Order is returned to this office. 3) On a signature by a second party, i.e. agents, attorneys- in-fact, guardians, or any party except the named interest owner, evidence of the rights of the signatory party should be furnished to this office. 4) Be advised that on small interest amounts, payment will not be made until the sum due is $15.00 or more, except that in the month of December, payment will be made of any sum then due. Please advise this office promptly of any change of address or ownership. All transfers of interest for payment record purposes will be accepted effective only on the first day of the month. We are most grateful for your cooperation in this matter and trust that we will hear from you shortly. Sincerely, ASAMERA OIL (U.S.) INC. a n e. Division Order Department jh Enclosures Hello