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Home My WebLink About870474.tiff RESOLUTION RE: APPROVE GAS DIVISION ORDER FROM ASSOCIATED NATURAL GAS, INC. , P.O. BOX 5493, DENVER, COLORADO 80217, 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. Van Bebber, and WHEREAS, said lease covers land more particularly described as follows: Township 5 North, Range 66 West, 6th P.M. Section 35 : NE' NW4 Weld County, Colorado WHEREAS, Associated Natural Gas, Inc. , 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 Associated Natural Gas, Inc. , P.O. Box 5493, Denver, Colorado 80217, 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. /� LE OoY \ 17 ;` , . , /, /� `� 870474 Page 2 RE: GAS DIVISION ORDER - ASSOCIATED NATURAL GAS, INC. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of June, A.D. , 1987.t/, (1 1 y Q BOARD OF COUNTY COMMISSIONERS ATTEST: C WELD COU LORAD Weld County Clerk and Recorder • and Clerk to the Board G acy, al an Yc 671�YIc- 91) (: �J C.W. Kirby, Pro- em D puty County C r APPROVED AS TO FORM: air Br ntned r 2.LC% w Ja que ' ne Jo l,7_on County Attorney EXCUSED DATE OF SIGNING - AYE Frank Yamaguchi 870474 GAS DIVISION ORDER TO: ASSOCIATED NATURAL GAS, INC. P. O. Box 5493 Denver, Colorado 80217 Attn: Division Order Department Lease No. 1161 Date May 11 , 1987 AR21133546 Plant 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 in the proceeds derived from the sale f Gas produced and saved from the__ Hard Fought Pr� lease or unit located in the County or Parish of We t d , State of Colorado more particularly described as follows: - Township 5 North - Range 66 West, 6th P.M. Section 35: NE'*NW4 OWNER NO. CREDIT TO DIVISION OF INTEREST DECIMAL 22031 Weld County, Colorado 1/8 RI x 1 .635/80 .0025547 Board of County Commissioners • Effective 8 AM date of first purchase , and until further notice,you are hereby authorized to take or retain possession of all Gas from said property(ies)on and after the effective day and to give credit as set forth above for all proceeds derived from the sale of Gas from said property(ies)subject to the conditions, convenants and directions set out below: FIRST:It is understood that the Gas,produced from the above-described property(ies)is being sold under that certain Gas Purchase and Processing Agreement dated December 31 . 19%5 , between Elk Exploration, Inc. as "Seller"and Associated Natural Gas, Inc. as "Buyer", and that all terms and covenants contained therein, and in any amendments, extensions,or renewals thereof shall govern and be binding upon the parties hereto in all respects which shall include,but not be restricted to,the price to be paid for said Gas and the time when such payments are to be made.As used in this Division Order,the term"Gas"shall be deemed to include casinghead gas, gasoline and all other products which Associated Natural Gas, Inc. receives and/or recovers by processing from Gas produced from wells on said property(ies). All covenants appearing on the reverse side hereof are incorporated herein by reference and the undersigned agree that each shall be deemed and considered an essential part of this division order in like manner and with the same effect as if printed above our signatures. The undersigned expressly waive any claim against you for any and all amounts which may be due us from others for production prior to the effective date hereof. Owners Sign Below Taxpayer identification or (Enter Mailing Address) Social Security Number ATTEST: " 4 . ; is BOARD OF COUNTY COMMISSIONERS WELD COUN 0 84-6000-813 0 • airman Address: P.O. B 758 De uty County Cler Greeley, CO 80632 Address: Address: B 1160 REC 02103546 06/15/87 15:55 ,5'0. 00 1/002 F 0491 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO WHITE-Return to ANGI / YELLOW-For your records / PINK-ANGI file copy • 870474 SECOND: Payments are to be made monthly by checks of Associated Natural Gas. Inc.to be delivered or mailed to the parties thereto entitled at the addresses above given,provided that it the amount due any owner is less than Twenty-Five and'10ft00($25.00)Dollars per month.Associated Natural Gas, Inc..at its option.may defer the making of such payniure until such time ae the aggregate amount due exceeds said sum. The undersigned authorize Associated Natural Gas. Inc.to withhold fromthe proceeds of any and all Gas referred to herein the amount of any tax placed thereon, or on the production thereof, including out not limited to any sever;.tnce. production re occupation tax,by any governmental authority,local.state and/or federal,and to pay the same in our behalf with the proceeds so withheld. THIRD: In the event of any adverse claim of title or in the event title shall not be satisfactory to Associated Natural Gas.Inc.at any time during the term of this Division Order, each of the undersigned agrees to furnish complete abstracts of title and other evidence of title satisfactory to Associated Natural Gas. Inc and authorizes Associated Natural Gies, Inc. to withhold uaymc'rit.withourt obligation to oay interest on the amount so withheld.until satisfactory indemnity shall he furnished to Associated Natural Gas. Inc against such adverse claims or any such defects in title.or until title shall be made satisfactory to Associate<Natural Gas,Inc.Each undersigned party as to the interest of such party hereunder.respectively agrees.in the event suit is filed in any court affecting title to said Gas.either befree or after severance,to indemnify and save narrnless Associated Natural Gas. Inc against any and all liability for loss.cost.damage.and expense which Associated Natural Gas.Inc.may suffer or incur on account of receiving and paying said party the proceeds;.ierived from the sale of said Gas.Where Associated Natural Gas,Inc..pursuant to the provisions hereof.withholds payment,or any pail thereof,each undersigned party from whom payment is withheld severally agrees to indemnify and hold Associated Natural Gas,Inc.harmless of and from ail liability for any tax.together with all interest and penalties incident thereto.imposed or assessed against.or paid by it on account of the sum or sums so withheld from payment to said party.and deduct all sucn taxes,interest and penalties so paid it from any sums owing by it to said party. FOURTH:The undersigned severally agree to notify Associated Natural Gas.Inc.of any change of ownership.and no transfer of iiilerest shall be binding upon Associated Natural Gas.Inc.until transfer order and the recorded instrument evidencing such transfer.or a certified copy thereof.shall be furnished to Associated Natural Gas, Inc..Transfer of interest shalt he made effective 8 AM on the first oay of the calendar month in which proper notice is received by Associated Natural Gas,Inc.Associated Natural Gas.Inc is hereby relieved of any responsibility for determining if and when any of the interests hereinebove set forth shall or should revert to or be owned by other parties as a result of the completion of discharge of money or other payments from said interests. and the signers hereof whose interests are • affected by such money or other payments, if any, agree to give Associated Natural Gas, Inc. notice in writing by registered letter addressed to Associated Natural Gas, Inc., P.O. Box 5493, Denver, Colorado 80217.Attn: Division Order Department,when any such money or other payments have been completed or discharged,or when any division of interest other than that set forth above shall.for any reason, become effective and to furnish transfer order accordingly.and that in the event such notice shall not be received.Associated Natural Gas, Inc.shall be held harmless in the event of,and is hereby released from any and all damage or loss which might arise out of, any overpayment.• - . • FIFTH: If any portion of the proceeds derived from the sale of Gas is subject to refund under any order,rule or regulation of the Federal Energy Regulatory Commission or the provisions of the Natural Gas Act or Natural Gas Policy Act of 1978,Associated Natural Gas. Inc. may hold without interest the portion of the proceeds subject to refund unless indemnity satisfactory to Associated Natural Gas, Inc. has been furnished,or until Associated Natural Gas,Inc.'s refund obligation has been finally determined.If any portion of the proceeds derived from the sale of Gas is paid over by Associated Natural Gas. Inc. under any order, rule or regulation of the Federal Energy Regulatory Commission or the provisions of the Natural Gas Act or Natural Gas Policy Act of 1978, Associated Natural Gas, Inc. is authorized to recover the amount of the refund applicable to the interest of each of the undersigned from future payments,or at Associated Natural Gas, Inc.'s election,it may invoice the undersigned therefore.plus the legal rate of interest Associated Natural Gas,Inc.is or may be required to pay in connection with the undersigned's portion of the refund. SIXTH: This Division Order shall become valid and binding upon each and every owner above named upon execution hereof by such owner regardless of whether or not any of the other above-named owners have so signed. If the provisions of this Division Order are in conflict with the provisions of any oil and gas lease covering the above described property(ies).the provisions of this Division Order shall prevail.Each undersigned owner ratifies and confirms his oil and gas lease as being in full force and effect as of the date hereof. B 1160 REC 02103546 06/15/87 15: 55 0. 00 2/002 F 0492 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • • 870474 ELK EXPLORATION, INC. 535 PACIFIC AVENUE Wily THIRD FLOOR WEty eQry 4^ SAN FRANCISCO, CALIFORNIA 94133 D Ln J inllPERS (415) 433-5795 mAyMay 20, 1987 aa1 ' Weld County Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, CO 80631 Dear Sirs : Enclosed please find your Division Order from the gas purchaser , Associated Natural Gas , Inc . ( "ANGI" ) for your interest in the Hard Fought #1 well . Please review the document , sign and have the signature witnessed where indicated, and provide your address and tax identification number . Mail the completed white copy directly to ANGI and retain the yellow copy for your records . Upon receipt , ANGI will process your revenue interest and mail all distributions directly to you. If you should have any questions please do not hesitate to contact us . Very truly yours , ELK EXPLORATION, INC. Atilt26t.„6,1177------ Ronald B. Jacobs Vice President, Operations RBJ:ems Enc . 870474 Hello