HomeMy WebLinkAbout890264.tiff RESOLUTION
RE: APPROVE OIL DIVISION ORDER FROM TOTAL PETROLEUM, INC. , 515
CENTRAL PARK DRIVE , SUITE 200 , OKLAHOMA CITY, OKLAHOMA
73105-1702 , 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 The Robert Gerrity Company, and
WHEREAS, said lease covers land more particularly described
as follows :
Township 5 North, Range 66 West Section 21 :
W}NEq
Weld County, Colorado
WHEREAS , Total Petroleum, Inc . has submitted an Oil 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 Division
Order as submitted by Total Petroleum, Inc. , 515 Central Park
Drive, Suite 200 , Oklahoma City, Oklahoma 73105-1702 , 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.
ZtokC f fire ' -O-e-124-1( 890264
Page 2
RE: DIVISION ORDER - TOTAL PETROLEUM, INC.
The above and foregoing Resolution was , on motion duly made
and seconded , adopted by the following vote on the 20th day of
March, A.D. , 1989 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: 7ru'u 2ueL, WELD COUNTY, COLORADO
Weld County erk and Recorder � ti
and Clerk to the Board C.yi Kirby, airman
1 EXCUSED
BYE 21
RE: JlineJohnsonPro-TernBrannrAPPROVED AS TO FORM: . Brantner
I/ —
George Kenn y
(7,-
-74-1r,„ , County Attorney y
Gor o a
890264
Lease Number 302577
Total Petroleum,Inc. DIVISION ORDER LGT
TO: 515 Central Park Drive March 13
Oklahoma City, OK 73105 1g 89
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 as set out below in all oil produced from all wells on the
THE ROBERT GERRITY COMPANY -- LESSER PM-J 21-2 farm or lease, located in
ARd17352i Weld County, State of Colorado , more particularly described as follows:
W/2 NE/4 of Section 21-5N-66W.
t-I O
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1tl/f First Run (January 4 , 19 89)
O W• Effective 7 a.m., s 4/4y/ , and until further written notice, you are hereby authorized to
O 3 receive, purchase and give credit for all oil received from said property subject to the conditions, covenants and directions following:
O
v3-W CREDIT TO FRACTIONAL INTEREST DECIMAL INTEREST
a
O EMMA LESSER, LIFE TENANT 1/2 x 3/16 x 80. 17/80.99 .0928008 R.I.
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14 HARRIET MARIE LESSER MOINAT AND
KELLIE JENE LESSER JOSEPH,
• REMAINDERMEN
• EMI-IAR, INC. 1/2 x 3/16 x 80. 17/80.99 .0928008 R.I.
of 1
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PUBLIC SERVICE COMPANY OF 3/16 x .66/80.99 .0015280 R.I.
N H COLORADO
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the
au) WELD COUNTY, COLORADO 1/8 x . 16/80.99 .0002469 R.I.
14
N W THE ROBERT GERRITY COMPANY 13/16 x 80.83/80.99 .8126235 W.I.
mfr, PLUS 7/8 x . 16/80.99
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U a FIRST: The oil purchased in pursuance of this Division Order shall be merchantable and become your property upon delivery thereof to you or to any pipe line designated by you.
W Quantities of oil run and purchased hereunder shall be computed in terms of 42 U.S.gallons per barrel from regularly compiled tank tables showing the full capacity of the tanks.Corrections
for temperature and deductions for dirt, sediment and other impurities are to be made in accordance with your rules,regulations and customs in effect at the time and place of delivery.The
oil snali be steamed or treated when necessary to render it merchantable.
t`O SECOND:The oil received in pursuance of the Division Order shall be paid for to the party or parties entitled thereto according to division of interests shown above at the price for each
Nln day's receipts posted and upon the basis therein indicated on that day by you for the same kind and quality of oil in the field in which it is received. If it is necessary to transport crude oil
N hereunder by truck,then,in that event,you are authorized to deduct from such price the trucking charges,together with Federal Transportation Tax thereon.Should the oil be sold by you to
.—I O another purchaser accepting delivery thereof at the lease tanks,settlement thereof shall be based upon the price received by you for such oil and upon the volume computation made by such
purchaser. 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 stated.
CO W However,it is agreed,if the amount payable to any of the undersigned is less than Ten Dollars during any month,you may withhold payment thereof,without interest,and in lieu of monthly
settlement, make payment at such time as a minimum sum of Ten Dollars has accumulated to the credit of the undersigned: provided, however, that settlement shall be made at least once
during each calendar year,regardless of the amount which has accumulated to the credit of the undersigned. Pipe line grades and measurements are to govern and control in all settlements,
subject to the provisions of price postings above referred to concerning computation of quantities. The undersigned authorize you to withhold from the proceeds of any and all runs made
hereunder the amount of any tax placed thereon,or on the production thereof,by any governmental authority,and to pay the same in our behalf.
THIRD: In case of any question. controversy or adverse claim of title which in your opinion adversely affects title to any interest credited hereunder, or case title shall not be
satisfactory to you at any time dunng the term of this division order, each of the undersigned agrees to furnish complete abstract of title and other evidence of title satisfactory to you and
authorizes you to retain the purchase price of the oil without obligation to pay interest on the amount so withheld, until satisfactory indemnity shall be furnished you against such question,
controversy.adverse claim or any such defects in title,or until any question.controversy,adverse claim or defect to owners'title is settled to your satisfaction. In the event suit is filed in any
court affecting title to oil purchased hereunder, either before or after severance, the undersigned agree to indemnify and save you harmless from any and all costs in connection with such
action, including attorneys'fees;and further the undersigned agree to indemnify and save you harmless and any carrier transporting said oil for your account against any and all liability for
loss,cost,damage and expense,including attorneys'fees,which you or the carrier may suffer or incur on account of receiving,transporting and paying us for said oil.
FOURTH:The undersigned severally agree to notify you of any change of ownership and no transfer of interest shall be binding upon you until transfer order and the recorded instrument
evidencing such transfer,or a certified copy thereof,shall be furnished you.Transfers of interest shall be made effective on the first day of the calendar month in which notice is received by
you. You are 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 either as a
result of the completion or discharge of money or other payments from said interests,or otherwise:and the signers hereof whose interests are affected by such money other payments. if
any,or by the reversion or change of an interest for any other reason,agree to give you notice in writing by registered letter addressed to you at Oklahoma City,Oklahoma, when any such
money or other payments have been completed or discharged or when any other division of interest than that set forth above shall, for any reason, become effective and to furnish transfer
orders accordingly,and that in the event such notice shall not be received. you shall be held harmless in the event of,and are hereby released from any and all damage or loss which might
arise out of any overpayment.The undersigned hereby further agrees to reimburse you for all amounts incorrectly paid to the undersigned for the above-described property.
FIFTH: Working Interest owners and/or Operators who sign this Division Order, and each of them, guarantee and warrant for your benefit and that of any pipeline or other carrier
designated by you to run or transport said oil,that all oil tendered hereunder has been and/or will be produced in accordance with applicable laws and/or official roles and regulations.
SIXTH: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 abbe named
owners have so signed and shall likewise be binding upon the heirs. personal representatives, successors and assigns of the parties hereto,and the undersigned hereby agree to all the terms
and conditions of the Division Order now in effect and force.
SIGNATURE OF WITNESS SIGNATURE OF OWNERS SOCIAL SECURITY
OR
TAXPAYER NUMBER
WELD COUNTY, COLORADO
•
ATTEST: at-",(4.3 By: � 84-6000813
C.W. Kirby, Crairman
•
eputy 9bu C e k
t Addracc• 915 10th Street
• r Y , P.O. Box 758
{ 1\ Greeley, CO 80632
IMPORTANT: To avoid delay in payment, please show your correct address and your social security-number or tax identification number.
Individual signatures must be witnessed by a disinterested person.
340-013 R11/84 QPCo. 890264
TOTAL
Total Petroleum,Inc.
SUITE 200 515 CENTRAL PARK DRIVE OKLAHOMA CITY. OKLAHOMA 731051702 TELEPHONE 405 525-8100
March 13, 1989
mAR 261989
GFC L'"at, co,"—
To All Interest Owners:
Reference: Lesser PM-J 21-2 -- Lease Number 302577 -
Weld County, Colorado
Dear Owner:
Pursuant to that certain Drilling and Division Order Title Opinion dated February
16, 1989, and other title information submitted, we have prepared and enclose our
Division Order , in duplicate , for your review. If you agree therewith, an
individual must sign his name as it appears thereon, having his signature
witnessed by a disinterested individual, while the execution by the authorized
officer on behalf of the corporation must be attested by the secretary with the
seal affixed, if used.
Your tax identification number and address must also be given in the spaces
provided. After the Division Orders have been completed, one original form is to
be returned to me. The other form is for you to retain for your records.
Upon compliance with the foregoing, your interest will be placed in line for
payment.
Sincerely,
LISA G. TEAGUE
Division Order Analyst
(405) 557-7064
LGT:pdj
Enclosures
890264
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