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HomeMy WebLinkAbout890894.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 Arlo L. Richardson, and WHEREAS, said lease covers land more particularly described as follows: Township 5 North, Range 65 West, 6th P.M. Section 11 : SW}SWI 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. 890894 Page 2 RE: 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 9th day of August, A.D. , 1989. ‘72): BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, , COLORADO Weld County erk and Recorder . and Clerk to the Board C.W. Kirby, ,airman • i� inen4 o n pn n,, Pro-Tem D puty County Cl k fiZPr APPRO ED AS TO FORM: ene R. Brantner _ .� George n y O County Attorney Co 890894 GAS DIVISION ORDER TO: ASSOCIATED NATURAL GAS, INC. P. O. Box 5493 Denver, Colorado 80217 Attn: Division Order Department Lease No 1922 • Date 'August 3, 1989 AF' I 8787D 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 theproceeds derived from the sale of Gas produced and saved from the Oster PM F11-13 Weld Colorado lease or unit located In the County or Parish of , State of more particularly described as follows: TOWNSHIP 5 NORTH, RANGE 65 WEST, 6th P.M. Section 11 : SW1-SW' • OWNER NO. CREDIT TO DIVISION OF INTEREST DECIMAL SEE ATTACHED EXHIBIT "A" FOR OWNERSHIP LISTING 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 O said property(ies) subject to the conditions, convenants and directions set out below: O u ' O 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 1 198 8 , between The Robert Gerri ty Company as "Seller- and Associated Natural Gas, Inc. as "Buyer", and that all terms and covenants contained therein. and in any amendments, O extensions.or renewals thereof shall govern and be binding upon the parties hereto in all respects which shall include,but not be restricted O r 1 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 o be deemed to include casinghead gas, gasoline and all other products which Associated Natural Gas, Inc. receives and/or recovers by o processing from Gas produced from wells on said property(ies). tr>rC Q a O All covenants appearing on the reverse side hereof are incorporated herein by reference and the undersigned agree that each shall be deemed and oconsidered an essential part of this division order in like manner and with the same effect as if printed above our signatures. Of 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 •. w up date hereof. I � x • „ Owners Sign Below Taxpayer Identification or co 0 Signpturea of Sees (Enter Mailing Address) Social Security Number o z-1 T' ` /- .,y .�, Chairman, Board of County Commissioners rH /�co E 84-6000813 W a r , Address: P•O. Box 758 eo rr, Greeley, CO 80632 co Z � z a O PC o PC I ai CT Address: N riO W G. Address: WHITE-Return to ANGI / YELLOW-For your records / PINK-ANGI file copy 890894 • 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($25.00)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 bidet al,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 unr.irtsigned 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 hie nished to Associated Natural Gas.Inc.against such adverse claims or any such defects in title.or until title shall be made satisfactory to Associated 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 before or after severance,to indemnity and save harmless Associated Natural Gas.Inc.against any and all liability for loss,cost,darnage,and expense which Associated Natural Gas.Inc.may suffer of incur on account of receiving and paying said party the proceeds derived from the sale of said Gas.Where Associated Natural Gas.Inc..pursuant to the provisions hereof,withholds payment,or any pail thereat,cacti undersigned party from whom payment is withheld severally agrees to indemnify and hold Associated Natural Gas.Inc.harmless of and ftorn all 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 patty,and deduct all such 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 interest shall be binding upon Associated Natural Gas,Inc.mild taisfea ordei and the recorded instrument evidencing such hamster,or a certified copy thereof,shall be furnished to Associated Nalutal Gas.Inc..Transfer of interest shall be made effective 8 AM on the first day 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 airy of the irderests hereinabove set forth Shall or should revolt to or be owned by other parties as a result of the completion of discharge of rnoney or other payments horn said interests, and the signers hereof whose interests ate 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, lne., P.O. Dos 5493, Denver,Colorado 80217.Attn: Division Order Department,when any such money or other payments have been completed or discha'gel,or when any division of interest other than that set forth above shall,for any reason. become effective aid 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 horn any and all damage or loss which might arise out of, any overpayment. sr O FIFTH: it any portion of the proceeds derived from the sale of Gas is subject to refund under arty 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. N 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,It e.'s refund obligation has been finally determined.If any portion of the proceeds derived A from the sale of Gas is paid over by Associated Nairn al ias, Inc. under any order, rule or regulation of the Federal Energy Regulatory O ral Commission or the provisions of the Natural Gas Act ur 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, o x Inc.'s election,it may invoice the undersigned therefor..plus the legal rate of interest Associated Natural Gas,Inc.is or may be required to w pay in connection with the undersigned's portion ol the refund. a O SIXTH: This Division Order shall become valid and binding upon cacti and every owner above named upon execution hereof by such o L>~ owner regardless of whether um not any of the ell et above•rhamed owner;:have so signed. If the provisions ol this Division Order are in CD .. conflict with the provisions of any oil and oat;lease covet its)the:rhuvc described pruperty(ies).the provisions of this Division Order shall cb to prevail.Each undersigned owner ratites and contains his oil and gas lease as being in full force and effect as of the dale hereof. x ch r� CO O aZ c) fd co▪ H o U) op s r� cow 0o z z N 4 O y'r C) C4 a c4 pc o sr � rn N 01 r1 • W 89°894 EXHIBIT "A" OSTER PM F11-13 #1922 Owner No. Credit To Division of Interest Decimal 15449 Margaret E. Shepherd . 8235% x 1/6 RI . 0013725 15450 Richard E . Oster 24 .97542% x 3/8 x 1/6 RI . 0156096 15451 Lewis J . Oster 24 .97542% x 1/8 x 1/6 RI . 0052032 15452 Joan R. Echele 24 .97542% x 1/4 x 1/6 RI . 0104064 15453 Linda Sue Gaston 24 . 97542% x 1/4 x 1/6 RI . 0104064 15454 Jerald W. Owen & Margaret . 08604% x 1/6 + 6 . 20698% . 0053159 R. Owen, J/T x 1/2 x 1/6 RI 15455 Orren G. Scholfield 6 . 20698% x 1/6 x 1/6 + . 0056539 14 . 06096% x 1/6 x 1/6 + . 08604% x 1/6 x 1/6 RI 15457 Delmar Eugene Scholfield 6 . 20698% x 1/6 x 1/6 + . 0056539 14 . 06096% x 1/6 x 1/6 + . 08604% x 1/6 x 1/6 RI 15458 Donald Leroy Scholfield 6 . 20698% x 1/6 x 1/6 + . 0056539 14 . 06096% x 1/6 x 1/6 + . 08604% x 1/5 x 1/6 RI 15459 William R . Israel & Letha 1 . 69617% x 1/6 + . 0145444 S . Israel, J/T 14 . 06096% x 1/2 x 1/6 RI 0 15460 R Jackie Duane Smith and . 08604% x 1/2 x 15% + . 0010785 o v Roberta Idelle Smith, J/T . 67601% x 15% RI 0• 15461 R Abelardo Vega and Nancy .92183% x 1/6 RI . 0015364 q Vega, J/T a O3 15462 Jose E. Alvarez and Maria 1 . 69616% x 1/6 RI . 0028269 L . Alvarez, J/T z 1129 ' Weld County, Colorado . 73746% x 1/8 RI . 0009218 0 J o z 15463 R Hans G .F. Meyer and Judith 3 . 36775% x 1/4 x 1/6 RI . 0014032 A. Meyer, J/T 4 15465 Alvin G. Treiber and 48 . 03343% x 1/4 x 15% RI . 0180125 Florence Treiber, J/T m• u rn z 15466 V.W. Conner Corporation 48 . 03343 x 1/6 x 3/16 RI . 0150104 O H m Cu 15467 H.W. Rogers 48 . 03343% x 1/30 x 15%RI . 0024017 ow w 15468 Wilbur G Rogers 48 . 03343% x 1/30 x 15%RI . 0024017 o co 44 15469 Anthony S . Rogers 48 . 03343% x 1/30 x 15%RI . 0024017 coz N < 15470 John Lambert 48 . 03343% x 1/30 x 15%RI . 0024017 r4 15471 Lucille R . Kennedy 48 . 03343% x 1/30 x 15%RI . 0024017 iz oin 15473 Jack Ware 48 . 03343% x 1/36 x 12 . 5% . 0016678 RI N Ol O x [x 15474 Othol Ware 48 . 03343% x 1/36 x 12 . 5% . 0016678 RI 15475 Audrey Anderson 48 . 03343% x 1/72 x 12 . 5% . 0008339 RI 890894 EXHIBIT "A" CONTINUED 15476 Richard H Anderson, Jr . 48 . 03343% x 1/216 x . 0002780 12 . 5% RI 15477 Sheri L. Mullins 48 . 03343% x 1/216 x . 0002780 12 . 5% RI 15478 Debra G Goble 48 . 03343% x 1/216 x . 0002780 12 . 5% RI 15479 Bettie Shepherd 48 . 03343% x 1/36 x 12 . 5% . 0016678 RI 15480 Mable Gibble 48 . 03343% x 1/36 x 12 . 5% . 0016678 RI 15482 Joseph Dillon 48 . 03343% x 1/36 x 12 . 5% . 0008339 RI 11430 Elizabeth Smith 48 . 03343% x 1/144 x . 0004169 12 . 5% RI 15483 Patricia Zale 48 . 03343% x 1/144 x . 0004169 12 . 5% RI 15484 Jesus Vega, Octavio Vega 5 . 6293% x 1/4 x 12 . 5% RI . 0017592 and Maria Santos Vega J/T 15485 Robert R. Clift 2 . 37217% x 1/4 x 12 . 5%RI . 0007413 � O u 15486 Bertie E Brownlee and Helen . 56539 x 1/4 x 1/6 RI . 0002356 F . Brownlee, J/T c o 15487 Denis H Duvall and Yvonne 1 . 5118% x 1/4 x 1/6 RI . 0006299 a Duvall, J/T 15488 Joe R Garcia, Lidia R 1 . 13078% x 1/4 x 1/6 RI . 0004712 0 w Garcia, Maria D.E. Garcia & Nancy Garcia, J/T U 15489 William Lee West, Jr . and 1 . 21681% x 1/4 x 1/6 RI . 0005070 0 % Christine E . West, J/T o 15490 Michael L . Frazier and Lila 5 . 93658% x 1/4 x 1/6 RI . 0024736 W Frazier , J/T m a m U 15491 Wayne C Johnson and Teresa 26 . 30285% x 1/4 x 17% RI . 0111787 rn z o O Johnson, J/T w OD E o 15492 Michael Lee 50 . 46706% x . 005 + . 0040982 . 08604% x . 0025 + o 13 . 72911% x 5/6 x . 005 r- r.4 + 34 . 30432% x 7/12 x . 005 ORI m rz 15493 Dennis C Baker 50 . 46706% x . 005 + . 0040982 N 4 . 08604% x . 0025 + 13 . 72911% x 5/6 x . 005 + 34 . 30432% x 7/12 x . 005 ORI om 13240 Arlo L. Richardson 50 . 46706% x . 023333 + . 0311820 N rn . 08604% x . 0366665 + r o . 67601% x . 05 + . 73746% x cia . 075 + 13 . 72911% x . 0354166 + 8 . 00147% x . 0483333 + 26 . 30285% x . 0370833 ORI 4003 The Robert Gerrity Company 100% of 80% WI . 8000000 890894 Hello