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Home My WebLink About870191.tiff RESOLUTION RE: APPROVE GAS DIVISION ORDER FROM DIVERSIFIED OPERATING CORPORATION, 1600 STOUT STREET, SUITE 1500 , 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 Diversified Operting Corporation , and WHEREAS, said lease covers land more particularly described as follows: Township 8 North, Range 58 West, 6th P.M. Section 28 : NE/4NE/4 Weld County, Colorado WHEREAS, Diversified Operating Corporation has submitted a 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 Gas Division Order as submitted by Diversified Operating Corporation, 1600 Stout Street, Suite 1500 , 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. "` 870191 Page 2 RE: DIVISION ORDER - DIVERSIFIED OPERATING CORPORATION The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 18th day of March, A.D. , 1987 . BOARATTEST: 1 `""'^" WELDDCOU TOF Y YUNTY COMMISSIONERS Weld County Clerk and Recorder and Clerk to the Board Gor o , an / BY. f� J 45 C. . Birb , Pro em eputy County lerk APPROVED AS TO FORM: Gene R. Brantner EXCUSED Jacqueline Johnson j County Attorney Fra am guchi 870191 ARa92241 Lease ;9: COWe-833 -to o u D.O. #: 1100 o DIVERSIFIED OPERATING CORPORATION AMENDED a GAS AND GAS LIQUIDS DIVISION ORDER ON o o x January 8. 1987 4.1-w To: Diversified Operating Corporation 1600 Stout Street, Suite 1500 VD C4 Denver, Colorado 80202 :v �+ (303) 595-3957 X The undersigned, and each of them, guarantee and warrant that they are the legal u owners In the proportions set out below of all the gas and gas liquids, or the proceeds thereof, produced from the cot r-I H rnw+ DOC Fiscus /1-28 Well om rx VD W N N W N MZ 4:(1 „1 lease or unit located in the County of Weld , State of Colorado o described as follows: w Township 8 North. Range 58 West. 6th P.M. Section 28: NE/4NE/4 M co N N and commencing as of 7 A.M. on the date of first production, you are authorized to receive m w gas therefrom for purchase under the provisions of the gas contract hereinafter referred to, and until further notice, either from you or us, pay therefore as follows: CREDIT TO INTEREST For Division of Interest, see Exhibit "A" attached hereto and made a part hereof. Subject to the following provisions and conditions: FIRST: This Division Order is executed subject to a contract made and entered into by and between Diversified Operating Corporation. as Seller and Red Wave. Ltd.. as Buyer dated December 4. 1986 and any amendments thereto or modifications thereof. The purchase price for said gas shall be the price therefor designated in said contract, and payment thereof ( less applicable taxes deducted by purchaser) shall be made to the parties above named in the proportions above set forth, at the respective times and under the conditions contained in said contract, except as provided in Paragraph Six hereof, and said contract is hereby adopted, ratified and confirmed by the undersigned parties, to the same extent as if originally executed by each of them. SECOND: In the event of a dispute hereafter at any time concerning title to said described land, or to gas purchased hereunder Diversified Operating Corporation may hold the purchase price, without interest, of the gas purchased hereunder until indemnity satisfactory to Diversified Operating Corporation, has been furnished, and in the event any action or suit is hereafter filed in any court affecting either the title to the land above described, or to the gas produced therefrom, to which any of the undersigned are parties, written notice of the filing of said action shall be immediately furnished to Diversified Operating Corporation, by the undersigned, stating the court in which the same is filed and the title of such action or suit. THIRD: You are hereby authorized, at your election, to withhold from the proceeds accruing hereunder to the undersigned, the amount of any severance, production, occupation, excise or other tax levied by any governmental authority against the Interest of the undersigned in the production, or proceeds attributable thereto, and to pay same in behalf of the undersigned. 870191 FOURTH: You will not be responsible for any change of ownership in the absence of actual notice and satisfactory proof thereof. Each signer hereof agrees to notify you in writing of any change in his ownership and agrees that any transfer, assignment, or conveyance of any of his interest hereunder shall be made subject to this division o order and effective at seven o'clock a.m. on the first day of the calendar month in which o o 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 010 any of the interests herein shall increase, diminish, be extinguished or revert to other u parties as a result of the completion or discharge of money or other p g payments from said A Interest, or as a result of the expiration of any time or term limitation (either definite 0 3 or indefinite), or as a result of the increase or decrease in production, or as a result of a change in the depth, the method or the means of production, or as a result of a tool change in the allocation or production affecting the above tract or any portion thereof a under any agreement or by order of Governmental authority, or resulting from any other o contingency, and until you receive notice In writing to the contrary, you are hereby w authorized to continue to remit pursuant to the above division of interest. In the event • x said written notice Is not received by you, you shall be held harmless for error resulting .. Ls in over or under payment, or a wrong payment of any such sum or sums. N —ix w FIFTH: This Division Order shall become valid and binding on each and every owner r - named hereunder, his or its personal representatives, heirs, successors and assigns, as soon as signed by such owner regardless of whether or not all of said owners have so °0° Z signed; but you shall not be required to make payments in the manner herein provided until w after all such owners have executed this division order or other similar division orders o w satisfactory to you and it is agreed that your rights under this division order are assign- or able. This division order shall remain effective for so long as any gas purchase contract ri u covering Said Lands (or any amendment or extension of said contract) remains In effect, N w or, if this instrument covers the sale of oil , until cancelled by any party upon giving m Z• sixty (60) days written notice In advance of such cancellation. oZ cq o � SIXTH: If the amount accruing to the interest of any party hereto shall be less U a than $15.00 for any month, you are hereby authorized to accumulate the monthly accruals a to such interest and to make payment when such accumulations equal or exceed $15.00. All accounts will be paid at least annually regardless of the amount. me ‘zro ri ro SEVENTH: By the execution hereof and in consideration of the payments to be made to the undersigned as herein provided, the undersigned, and each of them, hereby ratify, w w adopt and confirm the lease or leases covering the lands herein described and agree that such lease or leases are in full force and effect in accordance with all of such lease terms and provisions, and do hereby lease, let and demise unto the record owner of same, all of the interest of the undersigned In the lands covered thereby in accordance with the terms and provisions of said lease or leases, to which lease or leases and the recording thereof reference is here made for all purposes. EIGHTH: All written notices provided for herein shall be given to the party to receive the same, at the address of such party state herein. All of the provisions herein contained shall apply to each signer hereof separately and not jointly. INSTRUCTIONS FOR SIGNING Execute in Ink exactly as your name appears above and have your sianature witnessed. If executing on behalf of a corporation, indicate your official title and affix corporate seal attested by the secretary or assistant secretary. It is necessary to only execute one copy of this division order which may be signed in counterparts. BE SURE TO FURNISH CORRECT MAILING ADDRESS, INCLUDING ZIP CODE, POST OFFICE BOX NUMBER OR COMPLETE STREET ADDRESS. BOARD OF COUNTY COMMISSIONERS Po NOT DELETE OR REMOVE ANY PORTION HEREOF. WELD COUNTY, COLORADO (Witness sign below) (Signatures ,address of Owners) ATTEST: /j By: t c . ( a � Gxa LLCC (/�f/1 Address: P.O. Box 758 /By:� hilt � o ; (/ , f�.,_.&� Greeley, CO 80631 ep ty County Cler Tax Identification No. 84-6000-813 2 870191 EXHIBIT "A" Revised 1-08-87 <r o CREDIT INTEREST o u Commonwealth Energy Associates, L. P. .1125000 WI m o c/o Branch, Cabell 8 Company v 919 East Main Street, 17th floor ca Richmond, Virginia 23219 O 3 Palace Exploration Company .1200000 WI o a 502 Park Avenue, 28th floor .0060000 ORRI New York, New York 10022 a o Gear Drilling Company .0209531 WI • 470 Denver Club Building ko .. a Denver, Colorado 80202 N Robert J. Adams .0069844 WI • P. 0. Box 233 w Sidney, Nebraska 69162 co H Marvin R. Brown .0558750 WI ;F P. 0. Box 588 au) Sterling, Colorado 80751 w Nw Diversified Operating Corporation .1080782 WI N 1600 Stout Street, Suite 1500 .0448749 ORRI oz Denver, Colorado 80202 Z John Penn Lee .0337969 WI L.) a 3910 West Beechwood, Apt. 123 a z Fresno, California 93711 a, Li-) d' ° R. S. J., Inc. .0558750 WI o r-I NN 600 Beta Drive m w Cleveland, Ohio 44143 Mile Hi Oil 8 Gas, Inc .0187032 WI P. 0. Box 27D Denver, Colorado 80227 Paul Abbey .0187500 WI 375 Birch Street Broomfield, Colorado 80020 The Resource Exemption Equivalent Trust .0187500 WI c/o Bruce L. Waterhouse .0015000 ORRI 1380 Lawrence Street, Suite 1400 Denver, Colorado 80204 Williams Resources Corp. .0084375 WI 3430 East 7th Avenue Parkway Denver, Colorado 80206 Michael J. 8 Margaret S. Fuchs .0160312 WI 429 Park County Road #1034 Bailey, Colorado 80421 Oscar Strongin .0018750 ORRI P. 0. Box 6090 F. D. R. Station New York, New York 10150 Robert E. Zimmerman, Jr. .0037500 ORRI P. 0. Box 8753 Denver, Colorado 80201 Charles T. Zimmerman .0012500 ORRI P. 0. Box 8753 Denver, Colorado 80201 Fiscus #1-28 Sooner Prospect 870191 Commonwealth Energy Associates-II , L.P. .0800000 WI c/o Branch, Cabell 8 Company 919 East Main Street, 17th floor Richmond, Virginia 23219 0 08 John M. Turner .0120000 WI 5151 North Palm v. 0 Fresno, California 93704 U • Colburn R. Thomason .0120000 WI o w 4270 North Blackstone, #301 Fresno, California 93726 ox aJack H. Farrior .0120000 WI O 4905 N. West Avenue, #109 w Fresno, California 93705 � x . 0 Albert M. Pardini .0040000 WI esi x 5090 North Forkner .0075000 0RR1 W Fresno, California 93711 r .-7 mu Sooner Joint Venture .0818264 WI w 1775 Sherman Street, Suite 1925 H Denver, Colorado 80203 m E o CI) • James D. Brownlie .0116892 WI 1775 Sherman Street, Suite 1775 N w Denver, Colorado 80203 o z Board of County Commissioners o of the County of Weld .1250000 RI a Weld County Centennial Center ww pc 915 10th Street Greeley, Colorado 80631 rn1/4m o N O.l W 2 870191 DOC Diversified March 12, 1987 turn, Operating • Corporation u j& r l� 1 61987 Board of County Commissioners of Weld County Weld County Centennial Center 915 10th Street Greeley, Colorado 80631 Re: Division Order No. 110D DOC Fiscus #1-28 Well NE iNE a 28-8N-58W Sooner Prospect Weld County, COLORADO Gentlemen: Division Orders for the captioned well were sent to you January 9, 1987, and have never been signed and returned to us. Inasmuch as we are preparing to distribute gas revenue for this well within the next few days, we need signed division orders fium all interest owners. We are sending you a second set in case the first set was lost in the mail. This division order must be signed and returned to us before we can release payment to you on your royalty interest. Very ly yours, D F OP ING CORPORATION Lul6 Land Manager PA:jh enclosures 870191 Hudson's Bay Centre•Suite 1500• 1600 Stout Street• Denver,Colorado 80202• 303/595-3957 Hello