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HomeMy WebLinkAbout880316.tiff RESOLUTION RE: APPROVE OIL DIVISION ORDER FROM TOTAL PETROLEUM, INC. , 515 CENTRAL PARK DRIVE, OKLAHOMA CITY, OKLAHOMA 73105 , 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 Cache Exploration, Inc. and Conquest Oil Company, and WHEREAS, said lease covers land more particularly described as follows: Township 5 North, Range 65 West, 6th P.M. Section 12: NWiSE} Weld County, Colorado WHEREAS, Total Petroleum, Inc. has submitted an Oil Division Order on the subject property, and WHEREAS, Weld County is entitled to 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 Oil Division Order as submitted by Total Petroleum, Inc. , 515 Central Park Drive, Oklahoma City, Oklahoma 73105 , 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. L EOO0/ CC. Are/ T/a/ 880316 Page 2 RE: OIL DIVISION ORDER - TOTAL PETROLEUM, INC. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of May, A.D. , 1988 . %fil ;WSJ BOARD OF COUNTY COMMISSIONERS ATTEST: 2c '—"""" WEL COUNTY, COLORAD Weld County erk and Recorder ,144.0 it and Clerk to the Board ene R. Bran erman C./47 .W.Kirby, o-Tem Clieputy County erk APPROVED AS TO FORM: Ja qu C17 Go . :..,f. County Attorney Fran amaguc 1 880316 A rL 31?dot i^v l U -- - -I-1"..jt'P Lease No. 63114 Total Petroleum,kit DIVISION ORDER CMV TO: 515 Central Park Drive (With Operating Expense Deduction Clause) Oklahoma City, Oklahoma 73105 April 22 1928 . 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 LYCO ENERGY CORPORATION - CEI LAW 1-85 1 farm or lease, located in NO OO U Weld County, State of Cn1 nrado , more particularly described as follows: r-'I O . U O W NW/4 SE/4 Section 12-5N-65W 03 -W W w U- Effective 7 a.m., 1st day of April , 1988 , and until further written notice, you are hereby authorized to W receive, purchase and give credit for all oil received from said property subject to the conditions, covenants and directions following: tri a' CREDIT TO DIVISION OF INTEREST ADDRESS nu' g rd M W CO U SEE PAGE TWO FOR DIVISION OF INTEREST NZ O H *•••• W to H orD CO Ol N tr-7 N p9 r W al en .-4 RN O pi 0 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 ou. O 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 Nfor 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 shall be steamed or treated when necessary to render it merchantable, sr ri N 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 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 m pa hereunder by truck,then,in[tat event,you-are authorized to deduct from such price the trucking charges,together with Federal Tranatlortation Tax thereon.Should the oil be sold b another purchaser accepting delivery thereof at the lease tanks,settlement thereof shall be based upon theby you to pe price u received by you for such oil upon the volume computation t ad made by such pasta i J po However, it is agreed, shall be made monthly for oil receof theeu and purigne Is during the Dllaspreceding month by your,checks u' delivered ith or payment to the respective Interest. es at the.addresses monthly settle en is aerpaym(the amount payable tominimum nny the undersigned lesa s ac Ten at d dhrinr any f theft, de si pho id payment ter,tha, swithoutm inteshall and is ea of once d eac, ale en,atre arch sine rah a tw stun of Ten Dollars to etumulatW to the credit theundersigned;line gde nvmeas cements,that settlement shall bemade at least once during r each t to he i year,sions f p ps i the amv referred which has oncerni gtnd the otf of the undersigned.nPipe line grain and to withhold are to govem and of any in all n masud hereunder the amount of anyprice above re fn the to d concerning computation of,byany of ntal. th arty, nd tod authorize you to cab h behalf. from the proceeds of any and all runs made 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 tide which in your opinion adversely affects title to any interest credited hereunder, or in case title shall not be satisfactory YOU retain o you y time during the term of this furnish division order,each the undersigned agrees to furnish complete abstract of title and other evidence of title satisfactory to you and authorizes 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 tide,or until any question,controversy,adverse claim or defect to owners'title is settled to your srtisfaction.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 Ices,cost,damage and expense,including attorneys' e agree or indemnify and save YOU harmless and any fcarrier e tins transporting said oil your account said against any and all liability for pe fees,which you the carrier may suffer or incur on account of receiving,transporting and paying us for 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.Yeti 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 or 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 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 situ this Division Order, and each of them, guarantee and warrant for your benefit and that of any pipeline or other carder 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 rules 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 above 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 condition of the Division Order now in effect and force. SEVENTH:You are authorized and directed to deduct operating expenses as furnished by the lease operator from the undersigned's interest,as set out herein, in the oil produced and saved from the above desc. t caw remit same to the lease operator, The undersigned will look to the lease operator for detailed statements of all charges expenses at such intery :* . n by the operator and the undersigned working interest owner. and credits of operating SIGNATURE f,7 .I, ;. SIGNATURE OF OWNERS SOCIAL SECURITY ATTEST • r, OR .''` TAXPAYER NUMBER . . tom. � � WELD COUNTY, COLORADO 84-6000813 • r�.>_ r By: eepu k (Title) £ tiSht e R. Brantner, Chairman Address: 915 10th Street e.u. box 758 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. 26341.013 580316 DIVISION ORDER LEASE NO. 63114 - CEI LAW 1-85 1 PAGE TWO CREDIT TO: DECIMAL INTEREST ROYALTY INTEREST o U GERALD MARBLE .0119429 R.I. o JANICE L. MARBLE .0119429 R.I. N CD WELD COUNTY, COLORADO q .0093598 R.I. L `s o W GERRIE BISHOP o .0107486 R.I. a ROY C. BISHOP V p .0107486 R.I. 0go- MARLYN JAMES JOHNSON AND CHRISTINE JOHNSON, JT .0238857 R.I. Cs) FRANCIS M. LOUSTALET .0645005 R.I. •. w IPT GARY H. LOUSTALET .0023826 R.I. o a WADE ANDRE LOUSTALET o V .0023826 R.I. N Z WARREN H. LOUSTALET \ .0191175 R.I. c co ARDITH RENEE LOUSTALET SIMONS .0023826 R.I. W WILLIAM F. WICKERSHAM AND TONI M. WICKERSHAM, JT .0149286 R.I. NW W rn OVERRIDING ROYALTY INTEREST N O 9+ W LYCO ENERGY CORPORATION .0195543 O.R.I ri cn DAVID W. LAW .0080614 O.R.I ti •r .-I ri SANDY LAW .0080614 O.R.I ww WORKING INTEREST LYCO ENERGY CORPORATION .7800000 W.I. 880316 IT).- d o K TOTAL Total Petroleum,Inc. SUITE 200 515 CENTRAL PARK DRIVE OKLAHOMA CITY. OKLAHOMA 73105-1702 TELEPHONE 405 525-8100 April 22, 1988 KW MITT tOntri7 APR g 6 to , , Re: Lease No. 63114 - CEI Law 1-85 1 Weld County, Colorado GREIXEM. COL O. Dear Interest Owner: You have heretofore received payment for your interest under the above referenced lease from Cache Exploration. Inc. Effective April 1, 1988, Total Petroleum, Inc. became the purchaser of the oil and you will hereafter receive your check from us. The enclosed division order was prepared on the basis of information. furnished to us by the previous purchaser and if you find your interest, t4 be correct as shown, please sign the division order exactly as your na ` appears. Your social security number or tax identification number must also be shown and your signature must be witnessed by a disinterested person, or if a corporation, the proper officials must sign and affix the corporate seal. We require only one properly executed copy of the division order. The extra copy may be retained for your personal files. If you should have any questions, please contact me at the number listed below. Sincerely, /7- ( ' L2'tkuK'0 Catherine M. Vaughan Division OTde; AVM (405)5 CMV:glb4 Enclosure', -- BEigabs ',Coco/ Hello