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HomeMy WebLinkAbout880361.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 Blue Chip Oil, Inc. , and WHEREAS, said lease covers land more particularly described as follows: Township 6 North, Range 67 West, 6th P.M. Section 24 : W}NE} as to gas produced from the "J" , Codell and Niobrara Formations only 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. �1Q/y..? �� 7- 880361 Page 2 RE: GAS DIVISION ORDER - ANG The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 18th day of May, A.D. , 1988 .17)7121ABOARD OF COUNTY COMMISSIONERS ATTEST: WEL COUNTY, COLORADO Weld County lerk and R:jeculecorder gte I and Clerk to the Board Gene R Brantner, an 1 � C. I r.y, Pr%-Tem Deputy County lerk APPROVED AS TO FORM: Ja qu ,' e -°.h on CIMYG/•j� a 7 County Attorney Frank amaguchi 880361 AR214:bb07 GAS DIVISION ORDER TO: ASSOCIATED NATURAL GAS, INC. P. O. Box 5493 Denver, Colorado 80217 Attn: Division Order Department Lease No. 1678 Date May 13, 1988 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 of Gas produced and saved from the Ne„alann /11 lease or unit located In the County or Parish of Wet d , State of Col nradn more particularly described as follows: Township 6 North,,Renge 67 West Section 24: W'NE1/4 as to gas produced from the "J", Codell and Niobrara Formations only OWNER NO. CREDIT TO DIVISION OF INTEREST DECIMAL SEE ATTACHED EXHIBIT "A" FOR OWNERSHIP LISTING B 1196 REC 02141607 05/18/88 11 : 15 $0. 00 1/003 F 1049 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Effective 8 AM date of first purchase , and until further notice, you are hereby authorized to take or retain possession of all Gas from said property(ies)on and after the effective day and to give credit as set forth above for all proceeds derived from the sale of Gas from said property(ies) subject to the conditions, convenants and directions set out below: FIRST: It is understood that the Gas produced from the above-described property(tes)is being sold under that certain Gas Purchase and Processing Agreement dated Jane_. 99 , 198 r,q3 between "B1 Ch4p Oil , Inc as "Seller" and Associated Natural Gas, Inc. as "Buyer", and that altVrr •tb�Jbnants contained therein, and in any amendments, extensions,or renewals thereof shall govern and be binding upon the parties hereto in all respects which shall include,but not be restricted to,the price to be paid for said Gas and the time when such payments are to be made.As used in this Division Order,the term"Gas"shall be deemed to include casinghead gas, gasoline and all other products which Associated Natural Gas, Inc. receives and/or recovers by processing from Gas produced from wells on said property(tes). All covenants appearing on the reverse side hereof are incorporated herein by reference and the undersigned agree that each shall be deemed and considered an essential part of this division order in like manner and with the same effect as it printed above our signatures. The undersigned expressly waive any claim against you for any and all amounts which may be due us from others for production prior to the effective date hereof. Owners Sign Below Taxpayer identification or SlgA turb of-�Mltplsseg (Enter Mailing Address) Social Security Number BOARD 0 OUNTY COMMISSIONERS ATTES 3 t$t '' r' _ WELD C Y, COL 0 / B : 84-6000813 ) . , Gene R. Brantner;-Chairman By• 1 Address: P.O. Box 758 uty Conn c 915 10th Street Greeley, CO 80631 _.- Address: Address: Original CC WHITE rHeturo to ANGI / YEoLpLyOW-For your records / PINK-ANGI file copy 880361 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 00/100(S25.00)Dollars per month.Associated Natural Gas. Inc.,at its option,may defer the making of such payment until such time as the aggregate amount due exceeds said sum The undersigned authorize Associated Natural Gas.Inc.to withhold from the proceeds of any and all Gas referred to herein the amount of any tax placed thereon,or on the production thereof, including but not limited to any severance. production or 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 Gas• Inc to withhold payment.without obligation to pay interest on the amount so withheld,until satisfactory indemnity shall be furnished to Associated Natural Gas. Inc. against such adverse claims or any such defects in title.or until Idle shall be made satisfactory to Associated Natural Gas.inc..Each undersigned party as to trip inte'es•o'such party hereunder. respectrveiy arsieers :'!►hr,event suit is tiled in any court affecting title to said Gas..eerie: before or after severance.to indemnify arid save harmless 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 Daily the ere seeds der•vr'd from the sale of saic Gas.Where Assoc seed:od Natural Gas.Inc..pursuant to the provisions hereof,withholds payment.or any par:thereof.eaL r.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 c.f the sum or sums so withheld from payment to said party.and deduct al!such taxes.interest and penalties so paid it from any sums owing by it to said party FOURTH:Tr.• .!r.. 's:]•f':se.r•a'ly agrt•e to nobly Assoc:is:sii;Natural Gas.Inc of any shame o'ownership. are.;t!.;ti ssr.fs:{it'ref-trio shah be b::lding upon Associated Natural Gas Inc.unti'transfer order and the recorded instrument evidencing s,.ch traps•er os a certified copy thereof shall be furnished to Associated Nat.nai Gas Inc Transfer of interest shalt be made effectnc 8 AM on tee firs;day of the calendar month in which proper notice is received by Ass,:.c;arrtc Natural Gas.Inc.Assocsated Nature!Gas Ir c. is hereby is 'et€.d of any rse.torste•'"ft is,• Lfr'tstr.;, . r ii coo when any Ut tt•(• ti:re : rti'I(:nabove set forth steer 0:S:iO!fld reve.?;. t',e o 't(•.'t" c',t';.' prr!f•' n rf.,,tr Cif 1`:e c,. 1; • or disr'h:iraf f n.(„lf.. ,,: , rc_f fro, . Of ,iP' [sh.'n�E:,.. r9rrl said irlti-'•c'cr". i+^'. f I c.JM;•c r.. . ::1.4 a. .. �y r • c!r_ ;;.'meats ri and a art. tC f''.e Associates Nat:;! nonce Y:', .na Dt adarrs9A•C.: to Assoc•cte. Nes eai Gas. Inc.. P O Box 5493 Denver, Colorado 80217.Attn Div'sior Order Department wnsie any y :r h m-:nev Or other payments hard been completed or discharged.or when any division of interest other Mae that set forth above sheer tor any • h !tic a'. . ' s„,,.s„,,si .ri i. :'r ors,. sss tf:a' err 'hi . ' • .•. ..• . . "....,!:. u•t,. .:t . •fu' ..,.ha:rrle .. in tht:e,f . ...., idle isEd from au'i . Ir..._. . • v.' .. ... . F r:j rim, .t:'r,; FIFTH: It any portion of the proceeds derived from the sate of Gas is subject to refund under any order,rule or regelatror:o`ine Federal Energy Regulatory Commission or the provisions of the Natural Gas Act or Natural Gas Policy Act of 1978 Associated Nar•,i•a'Gas. Inc may hold without inter csr tree portion of the prover es£utseet to refund unless indemnity satisfactory to Associated Natural Gas.Ins ries been furnished.or until Associated Natural Gas.int.'s refund obligation has been finally determined. If any portion o'the pro:seeds pewee from the sale of Gas is paid over by Associated Natural Gas, Inc under any order, rule or regulator:of the Federal Energy Rey,iiatory 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 tnis Drvis!or 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 arid effect as of the date hereof B 1196 REC 02141607 05/18/88 11 : 15 $0, 00 2/003 F 1050 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 880361 EXHIBIT "A" Neumann #1 1678 Owner No . Credit To Division of Interest Decimal 5390 Darryl Grauberger and 1/2 of 1 . 57/79 . 78 of . 0017711 Brenda Grauberger 18% RI 5391 R Wilma Irene Hettinger 1/2 of 63 . 7/79 . 78 of . 0499029 1/8 RI 5392 Futures Management 1/2 of 62 . 13/79 . 78 of . 0778767 Corporation 1/5 RI 4606 Weld County .92/79 . 78 of 1/8 RI ' . 0014415 4884 Werner Detterer and 15 . 16/79 . 78 of 3/16 RI . 0356292 Helen Detterer 5392 Futures Management 1/2 of 63 . 7/79 . 78 of . 0299417 Corporation 7 . 5% ORRI 12482 George G. Vaught, Jr . 3% of 8/8 ORRI . 0300000 25566 Blue Chip Oil, Inc . 1/2 of 63 . 7/79 . 78 of . 7734369 77% WI + 1/2 of 1 . 57/ 79 . 78 of 79% WI + 1/2 of 62 . 13/79 . 78 of 77% WI + .92/79 . 78 of 84 . 5% RI + 15.16/79 . 78 of 78 . 25% WI B 1196 REC 02141607 05/18/88 11 : 15 $0. 00 3/003 F 1051 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 880'351 MAY 161988 i; A155OClisTED R.111141. 645, INC. INSTRUCTIONS TO ALL INTEREST OWNERS THE ENCLOSED GAS DIVISION ORDER OR GAS TRANSFER ORDER SHOULD NOT BE ALTERED IN ANY WAY EXCEPT TO CORRECT SPELLING ERRORS, UNLESS ACCOMPANIED BY DOCUMENTARY EVIDENCE TO SUPPORT THE CHANGE. If your name and interest are correctly shown: 1. Sign your name as shown on the Gas Division Order or Gas Transfer Order. 2. Have your signature(s) witnessed by two competent witnesses. 3. If your name has changed due to marriage or divorce, execute the Gas Division Order or Gas Transfer Order using your present name and furnish a copy of the marriage certificate or divorce decree. 4. If signing for a corporation, signature must be attested, corporate seal affixed and title of signatory party reflected. 5. If signed by agent, attorney-in-fact, guardian or any party other than the named interest owner, a certified copy of the power of attorney or other evidence of such party's right to sign must be furnished. 6. Gas Division Orders or Gas Transfer Orders for partnerships must be executed by all partners or by an authorized partner. A certified copy of the instrument giving said partner authority to sign must be furnished. 7. Should you fail to provide your correct Social Security Number or Tax Identification Number, the law provides that we withhold 20% of all production proceeds due you. You may also be subject to a further penalty levied by the Internal Revenue Service. 8. Your correct mailing address should be noted in the space provided to insure prompt receipt of production proceeds. 9. The white copy of the Gas Division Order or Gas Transfer Order should be returned to: ASSOCIATED NATURAL GAS, INC. DIVISION ORDER DEPARTMENT P.O. Bac 5493 Denver, Colorado 80217 10. Should you have any questions regarding the enclosed Gas Division Order or Gas Transfer Order, please contact your Operator or Associated Natural Gas, Inc. at (303) 292-3331 . 1401 SEVENTEENTH STREET• SUITE 600 • DENVER,COLORADO 80202 • (303)292-3331 MAILING ADDRESS: P.O. BOX 5493 • DENVER,COLORADO 80217 �.�' 1/7:: Hello