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HomeMy WebLinkAbout860332.tiff RESOLUTION RE: APPROVE GAS DIVISION ORDER FROM CONQUEST OIL COMPANY, 3400 WEST 16TH STREET, GREELEY, COLORADO 80631 , 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 Conquest Oil Company and Cache Exploration, Inc. , and WHEREAS, said lease covers land more particularly described as follows: Township 5 North, Range 65 West, 6th P.M. Section 12: N1 SEa Weld County, Colorado WHEREAS, Conquest Oil Company 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 Conquest Oil Company, 3400 West 16th Street, Greeley, Colorado 80631 , 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. 860332 Page 2 RE: GAS DIVISION ORDER - CONQUEST The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of April, A.D. , 1986 . BOARD OF COUNTY COMMISSIONERS ATTEST: n,,, 4aumta.,...; WELD COUNTY, COLORADO Weld County glerk and Recorder and Clerk to the Boar J cque ne Jc n on , Chairman EXCUSED • .e7eg) Go�C�on E. Lac , Pro-Tem eputy County Cle I�L/�r1 � APPROVED AS TO FORM: Gene R. Br ner I,�( C.W. Kirby my Attor y r Ap%,50e40/1 F anf k amag i 860332 A+«0 -I1OIJ • CONQUEST OIL COMPANY OIL AND GAS DIVISION ORDER TO: CONQUEST OIL COMPANY 3400 W. 16th Street Greeley, Colorado 80631 Property No.: Law #1 Date: March 31, 1986 Each of the undersigned warrants that he is the owner of the interest set out below opposite his name of the oil (which includes condensate and other liquid hydrocarbons)and gas(which includes oil well gas and all other gaseous substances),or the proceeds or value thereof, produced from the Law #1 lease, unit, pooled or communitized area in Weld County, Colorado , described as follows: Township 5 North, Range 65 West, 6th. P.M. Section 12: NOSE' Subject to the covenants appearing on the reverse side of this page,and commencing as of 7:00 a.m. 1st. production and until further written notice either from the undersigned or from you,you are authorized to receive Doll, �X gas, Don and gas production therefrom and to purchase and pay for such indicated production as follows: CREDIT TO ADDRESS INTEREST Weld County, Colorado Weld County Centennial Center .00935976 RI (.21 LRI x .04457030 ac.) 915 Tenth Street Greeley, CO 80631 B 1108 REC 02049013 04/07/86 14: 12 $0. 00 1/002 F 1358 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Each of the covenants contained on the reverse side of this page is incorporated in this Division Order by this reference. Signallieis yiirinek e, s Owners Sign Below Taxpayer Identification or / torattesty (Enter Mailing `J Address) Social Security Number Board of County Commissioners al Weld County, Colorado r >s7Q.y ATTEST: B • 84-6000-813 r , / hairs n Y°" Address: Weld County entennial Center eputy u y e c 915 Tenth Street Greeley, CO 80631 Address: Address: e— • • LEpool • The following covenants are an integral part of this Division Order and shall be binding upon each interest owner executing this Division Order("I"or"me")and upon all my successors,legal representatives and assigns,without regard to whether any other interest owner or owners have so signed. OIL: Oil received and purchased hereunder shall become your property when delivered to you or your purchaser or to any public or private carrier designated by you. Such oil shall be credited to me in proportion to my interest shown on the face of this Division Order,based upon the price actually received by you from your oil purchaser and upon the volume computation made by your oil purchaser. You or your oil purchaser shall receive only oil which,in the sole opinion of you or your purchaser,is merchantable. You are hereby authorized to deduct from the proceeds which otherwise would be paid to me my proportionate share of the actual cost of rendering the oil marketable,storing the oil at any point other than the lease-tanks,and transporting the oil to the puchaser's pointof delivery. GAS: Settlements for my interest in gas or the"value"or"market value"thereof shall be based upon the actual net proceeds received by you at the well from your gas purchaser when the gas is sold at the well;if gas is sold,processed or used off the premises,settlements shall be based upon the market value at the well of the gas,based upon the allocation set forth in a processing agreement covering such gas or. absent such agreement,upon the same basis as settlements made to other producers for gas of like kind and quality from the same field or area;provided,however,that such market-value at the wells shall never exceed the net proceeds actually received by you from your gas purchaser. COMMINGLED PRODUCTION: If the oil or gas is commingled with production from other separately owned land prior to delivery to your purchaser or carrier,my share of the commingled production shall be determined by meter measurements,periodic well tests,or any other method generally accepted in the industry as an equitable basis for determining the quantity and quality of production sold or delivered from each separately owned tract; provided,however,that such method shall be uniformly applied to all concerned tracts. UNITIZATION: I hereby join and ratify the terms of any declaration or order establishing the pool,communitized area.or unit, if any, described on the face of this Division Order. In addition,if all or any portion of the land described herein is included in one or more units now or hereafter formed or revised either voluntarily or by order of any appropriate governmental authority.I agree that this Division Order shall be subject to such unit or units and that settlements to me shall be made in accordance with the production allocated to said land without the execution of additional division orders. SETTLEMENTS: Settlements shall be made each month by check mailed by you to me according to the division of interest herein specified, less any production, severance, occupation or other tax required to be paid or withheld with respect to my interest. If the proceeds due me for any month are less than$20.you may defer settlements until the accruals total that sum,provided settlement shall be made at least once each calendar year regardless of amount. NOTICE OF TRANSFER: You shall not be responsible for any change in the ownership of my interest unless you have received actual notice and satisfactory proof thereof. I agree to notify you in writing of any change of my ownershipand,if requested by you,to execute and deliver to you an appropriate transfer order in your customary form concerning any such transferor assignment of my interest. I also agree that any transfer,assignment or conveyance of any of my interest hereunder shall be made subject to this Division Order and effective at 7:00 a.m.on the first day of the calender month in which notice is received. Without regard to whether any contingency is expressly stated in this Division Order,you are hereby relieved of any responsibility for determining when any interest set forth herein shall increase, diminish.be extinguished or revert to other parties as a result of the completion of any money or other payments from any interest,or as a result of the expiration of any time or terra)imitation(either definite or indefinite),or any other edntingency. Until you receive notice in writing to the contrary,you are authorized to make all settlements pursuant to the division of interest shown on the face of this Division Order.In the event said written notice is not received by you.I shall hold you harmless for any error resulting in over or,under payment,or a wrong payment of any such sum or sums. , TITLE EVIDENCE: Evidence of title satisfactory to you shall be furnished to you at the effective date hereof and at anytimethereafter when requested by you. If such evidence of title-4,1ot furnished,or in the event of any claim or controversy which,in youcepinion.concerns title ' to any interest hereunder,you may hold,without interest and without any liability,the amount which othenirise wouddbe ge'ditteto me until indemnity satisfactory to you has been furnished,or until such claim or controversy is settled to your satisfaction.• • INDEMNIFICATION: I agree to protect and indemnify you and your production purchaser from and against any loss or expense which you and your production purchaser may suffer,sustain,or become liable for by reason of your and your production purchaser reliance on this Division Order,regardless of how such loss or expense may arise and including,but not limited to,the following:any judgment rendered in an action affecting title to either the real property herein described or the oil and gas produced therefrom;all reasonable costs or expenses incurred in defending in such action your position or that of your production purchaser;any claim or judgment for any tax which may be asserted by any taxing authority against you or your production purchaser in connection with any sum of money held in suspense by you or your production purchaser during the existence of any claim or controversy. LEASE RATIFICATION: In consideration of the payments to be made to me hereunder.I ratify and confirm each oil and gas lease relating to my interest and agree that such lease is now in full force and effect. CANCELLATION: This Division Order shall remain in full force and effect until cancelled by any party hereto by providing 30 days' advance written notice of such cancellation to the respective parties at their addresses as shown herein. Cancellation of any other interest owner shall not affect my interest, nor shall my cancellation affect any other interest owner. GENDER: References contained herein to"he"shall be deemed to refer to"he","she",or"it",as appropriate. B 1108 REC 02049013 04/07/86 14: 12 $0. 00 2/002 F 1359 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • C-6 7ca WELD G B II CONQUEST OIL COMPANY APR 3 1986 INSTRUCTIONS TO ALL INTEREST OWNERS DiREELEY. COLO. 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 fora 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. TO: CONQUEST OIL COMPANY 3400 W. 16th Streit Greeley, Colorado 80631 • If you wish to discuss the Division Order on the telephone, call Bill Crews at (303) 351-0733 Hello