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Home My WebLink About871298.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 65 West, 6th P.M. Section 30 : E} NW} 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. Ur®o3 4,66 871298 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 14th day of October, A.D. , 1987 . Ld BOARD OF COUNTY COMMISSIONERS ATTEST: d WELD CO Y LO 0 Weld County Clerk and Recorder and Clerk to the Board Go ac , airman . • C . Kirby, Pro- em eputy County lerk APPROVED AS TO FORM: Gene R. Bra ner EXCUSED �� Jacqueline ohn ;n County Attorney Frank Yamaguchi 871298 AR2117696 "-- GAS DIVISION ORDER TO: ASSOCIATED NATURAL GAS, INC. P. O. Box 5493 Denver, Colorado 80217 1213 Attn: Division Order Department Lease No. September 16, 1987 • Date • 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 ntl Interests res In n. Hamblen 1-30 lease the proceeds derived from the sale of Gas produced and saved from the Col OradO in the County or Parish of Weld , State of ,'ai bd more particularly described as follows: o 0 Township 5 North - Range 65 West, 6th P.M. to -4 N W Section 30: El NW • . x to 71n le 0 OWNER NO. CREDIT TO DIVISION OF INTEREST DECIMAL• Z to ,Z f, 22971 Weld County, Colorado 12.5% RI x 5.31/80.97 .0081975 , ' iii rn tri • C al PI rnI—I ' • H o ' H1 ' H r z •s- n w • L—, --.1 Effective 8 AM date of first pn rrha sP , and until further notice,you are hereby authorized to take or retain'possession tl 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 x f, Nisaid property(ies) subject to the conditions, convenants and directions set out below: an• 0 FIRST: It is understood that the Gas produced from the above-described property(ies)is being sold under that certain Gas Purchase and r4:1 1/4c Processing Agreement dated December 31 , 198 5 , between Elk Exploration, Inc n as"Seller" and Associated Natural Gas, Inc. as "Buyer", and that all terms and covenants contained therein, and in any amendments, b 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"shalt t1 tr. be deemed to include casinghead gas, gasoline and all other products which Associated Natural Gas, Inc. receives and/or recovers by C processing from Gas produced from wells on said property(ies). Z E C r All covenants appearing on the reverse side hereof are incorporated herein by reference and the undersigned agree that each shall be deemed and n considered an essential part of this division order in like manner and with the same effect as if printed above our signatures. n o i- 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 0 n date hereof. A , Owners Sign Below • Taxpayer Identification or • ' ' ' ' (Enter Melling Address) Social Security Number ��i, � BOARD OF COUNTY COMMISSIONERS ATTE WELD• COUN �61 0 0 �+ 84-6000813 BY,irG. d t •a airman 4 i•' 'r Address: 915 10t Street P.O. Box 758 De uty Cott F Greeley, CO 80632 • • Address: • • Address: WHITE-Return to ANGI / YELLOW-For your records / PINK-ANGI file copy 311298 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 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 a N 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 Ov 8' 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 t0 to (Ai severance. to indemnify and 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 party the proceeds derived from the sale of Msaid Gas. Where Associated Natural Gas,Inc.,pursuant to the provisions hereof,withholds payment,or any part thereof,each undersigned O party from whom payment is withheld severally agrees to indemnify and hold Associated Nbtural Gas;Inc.harmless of and from all-liability ▪ a 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 such taxes,interest and penalties so paid it from any sums owing by it to said Z• r party. . . Z v h7 tri Mal 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. until transfer order and the recorded instrument evidencing such transfer,or a certified co N copy thereof, shall he furnished to Associated Natural Gas, Inc.. Transfer ot interest shall be made effective 8 AM on the first day of the H O calendar month in which proper notice is received by Associated Natural Gas.Inc..Associated Natural Gas,Inc.is hereby relieved of any H responsibility for determining if and when any of the interests hereinabove set forth shall or should revert to or be owned by other parties 2 .P as a result of Inc completion of discharge of money or other payments from said interests, and the signers hereof whose interests are n co affected by such money or other payments, if any, agree to give Associated Natural'Gas, Inc:notice in writing by registered letter • J addresser) 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, 7I 1-+ reason, become ,.11active and to furnish transfer order accordingly, and that in the event such notice shall not be received, Associated N Natural Gas, Inc. shall be held harmless in die event of,and is hereby released from any and all damage or loss which might arise out of. 4' anyoverpaymelit- tri 0 0 FIFTH: If airy portion of the proceeds derived from the sale of Gas is subject to refund under any order,rule or regulation of the Federal Energy Hcgulatery C n imicsinn or the provisions of the Natural Gas Act or Natural Gas Policy Act of 1978,Associated Natural Gas, Inc. t <1 may hula without intr iu.,l the torten ot the proceeds siteu,a to reLmd unless indemnity satisfactory to Associated Natural Gas. Inc. has, 'd O be.s,furnished t nul Asset ated Natural Gas,Inc refund obligation has been finally determined.If any portion of the proceeds derived $ o from the sale or bis is paid over by Associated Natural Gas, Inc. under any order, rule or regulation of the Federal Energy Regulatory VI 0 Commission or the provisions of the Natural Gas Act or Natural Gas Policy Act of 1978, Associated Natural Gas, Inc is authorized to ry esaiver th,,armor int of fh,cm r,fund applicable to the interest nl ea, Ii of the undersigned Irorn future payments,or at Associated Natural Gas, Incle r„. ...,, , the undersigned th,'taut pits the legal rate of interest Associated Natural Gas, Inc-is or may he required to n0 N pay in i nmecaei rain Inc un iersigriud.,portion of the refund O n O ON SIXTH: lino Ln:. oi, ,... ,h.,d beer nna valid and binding upon caul and every owner above named upon execution hereof by such owner n:garole or o. a,.. riot any of Ine orrice-(Above-named --N Ras lac' so sigi RAJ It the provisions of this Diyision Order are ni ornate t u el ur r.. :ii .,n, oil and gas lease cu,em'eq the al nu,described in,tor tykes). the provisions of this Division Order shall pis v ii. G«.a ,.,,. i � i-,.i eo irsIna his oil and gas Icons'as being ui roll force and eth;ca as of the date hei col.' • e, \i P , r 871298 4,4 ELK EXPLORATION, INC. 535 PACIFIC AVENUE THIRD FLOOR Ala rani rta 'th4IF SAN FRANCISCO,CALIFORNIA 94133 dtk5 (415)433-5]95r 3pI FF✓�� October 5, 1987 OCT 9 19 7 Weld County 915 - 10th Street Greeley, CO 80631 Gentlemen: Enclosed is the Gas Division Order for your interest in the Hamblen 1-30 well. Please sign the Division Order, have it witnessed, list your Social Security number, retain the yellow copy for your records, and return the original directly to Associated Natural Gas, Inc. at the address shown on the Divison Order. Upon receipt, Associated Natural Gas, Inc. will record your interest in their system so that you will receive payment directly from them. ELK EXPLORATION INC. Enclosure /1,000 871298 MG . ., A5SOCIITED NtJIRAI.615, 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 ATT: MARTHA A. BRANDT P.O. BOX 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 Allom 3 871298 Hello