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HomeMy WebLinkAbout870265.tiff RESOLUTION RE: APPROVE OIL AND GAS DIVISION ORDER FROM BARRETT ENERGY COMPANY, 1125 17TH STREET, SUITE 2100 , 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 W.G. VanBebber, and WHEREAS, said lease covers land more particularly described as follows: Township 5 North, Range 66 West, 6th P.M. Section 25 : S/2SW/4 Weld County, Colorado WHEREAS , Barrett Energy Company has submitted an Oil and Gas Division Order on the subject property, and WHEREAS, Weld County is entitled to a one-eighth 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 and Gas Division Order as submitted by Barrett Energy Company, 1125 17th Street, Suite 2100 , 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. / i �o y 870265 Page 2 RE: DIVISION ORDER - BARRETT ENERGY The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 13th day of April , A.D. , 1987 . � j� cIZ A/J BOARD OF COUNTY COMMISSIONERS ATTEST: 1j' to vi;L'•° WELD CO ADO Weld County Clerk and Recorder and Clerk to the Board G y, hairman le, BY: pr- ¢i (/ 1 C. i y, P -Tem D puty County erk ff gfretaAPPROVED AS TO FORM: tone R. B n ner C7 J• cqu ine o' nson County Attorney EXCUSED Frank Yamaguchi 870265 A122O95469 _. DIVISION ORDER NO. 276 DATED: April 1 , 1987 DIVISION ORDER 'FD: F3ARRFTT ENERGY (71MPANY WELL NAME: GREEN 41 1125 17th Street, Suite 2100 Denver, Colorado 80202 Each undersigned party guarantees and warrants individually that such party is the lawful owner of the respective interest set out below opposite such party's name in all proceeds derived from the sale and/or use of oil and/or gas produced from the land hereinafter described. The word "oil" when used in this Division Order shall include also condensate, distillate and other liquid hydrocarbons. This Division Order shall apply to production from the following described lands situated in the County of Weld, State of Colorado. Township 5 North, Range 66 West, 6th P.M. Section 2c: S/2SW/4 Containing 80 acres, more or less Credit To Division of interest Mailing Address Weld County, Colorado 1 .01719% RI P. O. Box 4ll 758 Greeley, CO 80632 CALCULATION: 6.51 ac. : 80 ac. x 12.5 This Division Order shall hecome effective 7:00 A.M. June 3, 1986, and shall remain in effect until terminated by written notice from the undersigned to you or fran you to the undersigned. You are hereby authorized by the undersigned, each individually and not jointly, to receive all oil, gas, condensate, distillate and liquid hydrocarbons which are allocated to the above described lards, as produced, as well as all such oil and gas in storage on the effective date and not previously disposed of, and to give credit for and pay to the undersigned each such party's respective royalty or other interest therein as set out below with respect thereto or in the proceeds derived from the sale thereof as hereinafter provided. FIRST: In the event of any dispute or question at any time concerning the title of the undersigned, you are authorized to withhold the proceeds accruing to the interest of such undersigned party, without interest, until such dispute or question is corrected or removed to your satisfaction or until indemnity satisfactory to you has been furnished. SECOND: You will not he responsible for any change of ownership until after you have been furnished with a certified copy of the recorded instrument or judgement evidencing such change of ownership and your customary form of transfer order signed by transferor and transferee. My such change of ownership shall he made subject to the terms of this Division Order and effective at 7:00 A.M. as of the first day of the calendar month following the furnishing of such evidence to you. THIRD: The interest of each undersigned party shall bear its proportionate share of all severance, production, gathering, transportation or other tax levied by or under authority of the laws of the United States, the State or any legal subdivision thereof against such oil and gas and you are authorized to withhold the amount thereof fran the proceeds accruing hereunder and to pay such taxes in behalf of the undersigned. F'OIIRTH: Payments are to be made monthly by checks delivered or mailed to the parties entitled thereto at the addresses given above. However, it is agreed if, at any settlement date, the amount payable to any party hereunder for any one month should be less than twenty-five dollars, you, at your option, may withhold payment without interest until the month following the month in which the amount withheld has accumu- lated to twenty-five dollars or. more. FIFTH: It is understood that if this Division Order provides for a future change in anv manner of any payments provided for herein, such provision is for the accomnoda- tion of the parties concerned and you shall not be responsible for determining when such change should take place and shall not he liable for any overpayments resulting from a continuance of payments as initially provided for hereunder. B 1152 REC 02095469 04/13/87 10 : 45 $0. 00 1/002 F 1718 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 870265 DIVISION ORDER NO. 276 DATED: April 1 , 1987 WELL NAME: r;REEN N 1 SIXTH : Such oil and qas may he measured in accordance with standards generally accepted in the industry or agreed upon by you and any purchaser of such oil or qas. SEVENTH: From time to time (a) you may purchase any such oil or qas for your own use, in which event you shall pay to the undersigned his share of the market value thereof prevailing for the field where produced on the date of such purchase, less all. applicable taxes (h) you may sell any such oil or qas to any purchaser, in which event you shall account to the undersigned for his share of such oil or gas at the price received by you from such purchaser, less all applicable taxes and less all costs of treating, compressing, boosting, dehydrating or any other conditioning necessary, handling and transportation to the point of sale, and subject to the terms or any \' contract of purchase and sale between you and such purchaser. EIGHTH: In the event all or any portion of the land described herein or any formation underlying same he included in one or more units now or hereafter formed or. revised Iw order of any appropriate governmental authority or in one or more duly authorized voluntary units now or hereafter formal or revised, it is :greed that this Division Order shall he subject to such unit or units so formed or revised, and that I\ settlements shall he made in .ic ordancc with the production allocated to said tract or formation without requiring the execution of additional Division Orders. NINTH: Should it be determined from time to time, by any court or governmental agency having jurisdiction, that the prices being paid to Barrett anvi the amounts being disbursed to the undersigned are in excess of lawful prices and a refund required, the undersigned agree to promptly refund such excess amounts so paid. Barrett shall have the option, but not the duty, to recover such excess amounts out of settlement amounts to which the undersigned would otherwise he entitled. TENTH: When the Division Order as submitted by you is signed and returned to you by one or more of the owners herein named, it shall be binding upon you and upon him or them and shall he binding upon and inure to the benefit of the heirs, successors in interest, legal representatives and assigns of the parties hereto. As used in this Division Order, the masculine includes the feminine and neuter genders. SOCIAL SECURITY WITNESSES SIGNATURE OF CANER OR.TAX I.D. k CORPORATION 04,44;./ By: 84-6000813 Weld Cohn and Recorder �O/� r _ Title: Chairman, Boar of Count Commissioners D puty \_ 870265 B 1152 REC 02095469 04/13/87 10: 45 $0. 00 2/002 F 1719 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • Barrett Energy Company A wholly-owned subsidiary of Barrett Resources Corporation y 1125 17th Street • Suite 2100• Denver, Colorado 80202• (303)297-3900 • ED Mali g� I 1 c; ,7.:i7fir---,_-� April 2, 1987 APR 6 1987 '•' 'm: ALL INTEREST OWNERS GREEN #1 Re: Division Order #276 Green #1 Well S/2SW/4-Sect.ion 25, T5N-R66W Weld County, Colorado Ladies and Gentlemen: Enclosed, in duplicate, is the Oil and Gas Division Order for your proceeds of production from the well listed above. The Green #1 is a Codel 1 well and the spacing unit is the c/2sJ/4 of. Section 25, Township 5 North, Range 66 West, which contains 80 acres, riY)re or. less. Please check the Division Order for proper spelling of your name, correct interest, and correct mailing address. Should your nacre he incorrectly spelled or your address changed, make the necessary correction on the Division Order itself before returning it to this office. However, if your decimal interest is incorrect, contact this office immediately. If the Division Order is correct and you are an individual, please sign and date both copies, have your signature witnessed by two people from outside your family and furnish us with your social security numi—er. If the Division Order is correct and you are a corporation, please sign, have your signature attested and furnish us with your tax identifi- cation number. Return one fully executed copy to us at the following address: 1125 Seventeenth Street, Suite 2100 Denver, Colorado 80202 and retain the additional copy for your records. Our accounting department will issue checks monthly upon receipt of the fully executed Division Order. Checks are normally mailed out from the 15th to the 20th of the month. Thank you. Very truly yours, BARRE'TT ENERGY COMPANY 4PANY Vicky L. DoI n enclosures �r a.y+ 8�y02 Hello