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Home My WebLink About880298.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 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 : NISEI 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 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 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. , 4000 / ec.ar `•4/YGl 880298 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 25th day of April, A.D. , 1988 . ;rY72u fri:la BOARD OF COUNTY COMMISSIONERS ATTEST: WE OUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board Gene R. Brantner, Chairman • EXCUSED DATE OF SIGNING - AYE C.W. Kirby, Pro-Tem Deputy County lerk APPROVED AS TO FORM: a.que J on (: 4174- S;;;1- 10 Gor County Attorney r. Fran amaguc 880298 AR2138890 ' ‘4 GAS DIVISION ORDER TO: ASSOCIATED NATURAL GAS, INC. P. O. Box 5493 Denver, Colorado 80217 Attn: Division Order Department Lease No. 925 en • Date March 31 , L988 OU IP Plant • ~ U 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 A the proceeds derived from the sale of Gas produced and saved from the Law #1 lease or unit located ot-1 in the County or Pariah of W P 1 d , State of Cni nradn c more particularly described as follows: oa cs W Township 5 -North,j Range 65 6th P.M. 2 9ec•ttotr-I.9 : N'SE( O U Section 12: (Amended per request of Barbara, of Associated Natural Gas, ul a O Division Order Department) eN pw OWNER NO. CREDIT TO DIVISION OF INTEREST DECIMAL ,ti a W co ,.1 co c.) -x SEE ATTACHED EXHIBIT "A" FOR OWNERSHIP LISTING N H W O CO IX • ra O Ch Co W Effective 8 AM Apr it , 1 , 1 988 , and until further notice, you are hereby authorized to take or retain possession co 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 ,..t said properly(ies)subject to the conditions, convenants and directions set out below: N O bi U a FIRST:It is understood that the Gas produced from the above-described property(ies)is being sold under that certain Gas Purchase and W Processing Agreement dated June 20 , 1s bgqtween Cache Exploration, Inc . P'. as"Seller"and Associated Natural Gas, Inc. as "Buyer", and that all4emsa AWnts contained therein, and in any amendments, CI extensions,or renewals thereof shall govern and be binding upon the parties hereto in all respects which shall include,but not be restricted p1 1, to.the price to be paid for said Gas and the lime when such payments are to be made.As used in this Division Order,the term"Gas"shall .-I CO be deemed to include casinghead gas, gasoline and all other products which Associated Natural Gas, Inc. receives and/or recovers by vI '••I processing from Gas produced from wells on said property(ies). CO W \---, 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 SailiaMiNdOWthairribli (Enter Mailing Address) Social Security Number ATTEST: %\?I I� BOARD COUNTY COMMISSIONERS WELD TY, C0L0 0 By: 84-6000813 Gene R. Bran ner, Chairman • .�., _ r. `I 't g. , / Address: 915 10th Street reputy P.O. Box 758 • 0 N 4 Greeley, CO 80632 Address: Address: UNIUlivs` t_- U WHITE-Return to ANGI / YELLOW-For your records / PINK-ANGI file copy 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 if 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 lax,by any governmental authority,local.state and/or federal,and to pay the same in our behalf with the proceeds so withheld. M Q 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 O 0 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 e4 Q interest on the amount so withheld,until satisfactory indemnity shall be furnished to Associated Natural Gas. Inc. against such adverse fJ 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 La interest of such party hereunder, respectively ly agrees in the event suit is filed in any court alleeting title to said Gas.either before or after f-1 severance to indemnify and save harmless Associated Natural Gas. Inc.against any and all liability for loss cost,damage.and expense o gwhich Associated Natural Gas. Inc.may or incur on account of receiving suffer and paying said party the proceeds derived raid from the sale of said Gas.Where Associated Natural Gas. Inc.,pursuant to the provisions hereof,withholds payment,or any part thereof,each undersigned o p4 party from whom payment is withheld severally agrees to indemnify and hold Associated Natural Gas, Inc harmless of and from all liability W for any tax, together with all interest and penalties incident thereto, imposed or assessed against,or C1 paid by it on account of the sum or Pi sums so withheld from payment to said party.and deduct all such taxes.interest and penalties so paid it from any sums owing by it to said Uparty. D o - ., �LD FOURTH:The undersigned severally agree to notify Associated Natural Gas,Inc.of any change of ownership,and no transfer of interest ry g shall be binding upon Associated Natural Gas,Inc.until transfer order and the recorded instrument evidencing such transfer,or a certified copy thereof,shalt be furnished to Associated Natural Gas, Inc.. Transfer of interest shall be made effective 8 AM on the lirst day of the o calendar month in which proper notice is received by Associated Natural Gas. Inc..Associated Natural Gas. Inc.is hereby relieved of any CO Q responsibility for determining If and when any of the interests hereinabove 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 IA H affected by such money or other N H payments, if any, agree to give Associated Natural Gas, Inc. notice in writing by registered letter W addressed to Associated Natural Gas, Inc. P.O. Box 5493, Denver, Colorado 80217, Attn: Division Order Department, when any such Cy money or other ayment s haw a been completed or discharged,or when any division of interest other than that set forth above shall.for any py+ reason, become effective aril to furnish transfer or accordingly, and Mal in the event such notice shall not be n.ee:rved. Associated o Natural Gas, Inc. shall be held harmless ill e ent ve of,and is hereby released i10111 any and all damage or loss which might arise out of. ON W any over payment. CO W CO Nai FIFTH: If any portion of the proceeds derived from the sale of Gas is subject to refund under any order, rude 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 U Oaj been furnished,or until Associated Natural Gas,Inc's refund obligation has been finally determined. If any portion of the proceeds derived ry� born Ihe 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 01 CO ON V recover the amount of the refund applicable to the interest of each of the undersigned from future payments.or at Associated Natural Gas, H CO 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 `i pay in connection with the undersigned's portion of the refund. W 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(iesl, 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_ • 880298 EXHIBIT "A" ' Law a1 925 Owner No. Credit To Division of Interest Decimal 2102 Gerrie Bishop 1/16 of 77. 60/81 .22 of 18% RI .01074859 2103 Roy C. Hishop 1/16 of 77 .60.81 .22 of 18% RI .01074859 4997 Marilyn Johnson and 1/8 of 77. 60/81 . 22 of 20% RI .02388574 Christine Johnson 1438 Francis M. Loustalet 35. 53125% of 77.60/81 , 22 of .06450046 19% RI 1440 Gary H. Loustalet 1 .3125% of 77. 60/81 .22 of 19% .00238260 RI 1442 Wade A. Loustalet 1 . 3125% of 77. 60/81 . 22 of 19% .00238260 n o RI oU M o 1439 Warren H. Loustalet 10. 53125% of 77. 60/81 . 22 of .01911755 19% RI 4219 Gerald L. Marble 1/2 of 1/8 of 77 . 60/81 .22 of .01194287 0 20% RI 0 voiW 2283 Janice L. Marble 1/2 of 1/8 of 77. 60/81 .22 of .01194287 20% RI O a1441 Ardith Loustalet Simons 1 .3125% of 77. 60/81 .22 of 19% .00238260 o RI .. o Ma 4606 Ims.3DWeld County, Colorado 3.62/81 . 22 of 21% RI .00935976 CO U 4999 . William Wickersham and 1/8 of 77.60/81.22 of 12.5% .01492859 Toni Wickersham RI Z N F 2107 David W. Law .84375% of 77.60/81 . 22 of 8/8 .00806144 CD a ORRI 2108 Sandy Law .84375% of 77. 60/81 . 22 of 8/8 .00806144 w W ORRI co ("1 1208 Lyco Energy Corporation 79.95543% WI . 79955430 it 880298 Hello