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HomeMy WebLinkAbout860874.tiff RESOLUTION RE: APPROVE OIL AND GAS DIVISION ORDER FROM BARRETT ENERGY COMPANY, 1125 17TH STREET, SUITE 2100 , DENVER, COLORADO 80202, 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 Barrett Energy Company, and WHEREAS, said lease covers land more particularly described as follows: Township 5 North, Range 66 West, 6th P.M. Section 32: S/2 SE/4 Weld County, Colorado WHEREAS, Barrett Energy Company has submitted an Oil and 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 Oil and Gas Division Order as submitted by Barrett Energy Company, 1125 17th Street, Suite 2100 , Denver, Colorado 80202 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. 72,/ • 0O// �• ti.G_ 860874 Page 2 RE: DIVISION ORDER - BARRETT ENERGY CO. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of September, A.D. ,a.4-040444,-", 1986 . ( BOARD OF COUNTY COMMISSIONERS ATTEST: %v 8Fl1t WELD COUNTY, COLORADO Weld County l .,erk and Recorder EXCUSED and Clerk to the Board Jacque mne n s , C irman D puty ounty Cl k APPRuVED AS TO FORM: ene R. Br-ntnex C.W. County Attorney Frank Yama 860874 ARd067996 DIVISION ORDER NO. 290 DATED: August 15, 1986 DIVISION ORDER TO: BARRETT ENERGY COMPANY WELL NAME: Garcia #1 1125 17th Street, Suite 2100 Denver, Colorado 80202 n Each undersigned party individually party� 9n guarantees and warrants that such art is the oq lawful owner of the respective interest set out below opposite such party's name in all ti proceeds derived from the sale and/or use of oil and/or gas produced fran the land hereinafter described. The word "oil" when used in this Division Order shall include Ialso condensate, distillate and other liquid hydrocarbons. This Division Order shall apply to production from the following described lands situated in the County/Parish of Weld , State of Colorado • Township 5 North, Range 66 West, 6th P.M. Section 32: S/2 SE/4 Weld County, Colorado B 1126 REC 02067996 09/03/86 16: 14 $0. 00 1/002 F 1626 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Credit To Division of Interest Mailing Address • BOARD OF COUNTY . 0041738 P .O . Box ) DO& 758 COMMISSIONERS, WELD Greeley, CO. AKWal [ COUNTY, COLORADO 80632 This Division Order shall became effective 7:00 A.M. July 9, , 1986, and shall remain in effect until terminated by written notice from the undersigned to you or fran you to the undersigned. You are hereby authorized by the undersigned, each individually and not jointly, to receive all oil, gas, condensate, distillate and liquid hydrocarbons which are allocated to the above described lands, as produced, as well as all such oil and gas in storage on the effective date and not previously disposed of, and to give credit for and pay to the undersigned each such party's respective royalty or other interest therein as set out below with respect thereto or in the proceeds derived from the sale thereof as hereinafter provided. FIRST: In the event of any dispute or question at any time concerning the title of the undersigned, you are authorized to withhold the proceeds accruing to the interest of such undersigned party, without interest, until such dispute or question is corrected or removed to your satisfaction or until indemnity satisfactory to you has been furnished. SECOND: You will not be responsible for any change of ownership until after you n have been furnished with a certified copy of the recorded instrument or judgement evidencing such change of ownership and your custanary form of transfer order signed by transferor and transferee. Any such change of ownership shall be made subject to the X terms of this Division Order and effective at 7:00 A.M. as of the first day of the calendar month following the furnishing of such evidence to you. THIRD: The interest of each undersigned ig party shall bear its proportionate share • of all severance, production, gathering, transportation or other tax levied by or under o authority of the laws of the United States, the State or any legal subdivision thereof against such oil and gas and you are authorized to withhold the stunt thereof fran the R. proceeds accruing hereunder and to pay such taxes in behalf of the undersigned. FOURTH: Payments are to be made monthly by checks delivered or mailed to the parties entitled thereto at the addresses given below. However, it is agreed if, at any settlement date, the amount payable to any party hereunder for any one month should be less than twenty-five dollars, you, at your option, may withhold payment without interest until the month following the month in which the amount withheld has accumu- lated to twenty-five dollars or more. ••,:••••-••-•1 4 DIVISION ORDER NO. 290 DATED: August 15, 1986 WELL NAME: Garcia #1 • FIFTH: It is understood that if this Division Order provides for a future change in any manner of any payments provided for herein, such provision is for the accommoda- tion of the parties concerned and you shall not be responsible for determining when such change should take place and shall not be liable for any overpayments resulting c u fran a continuance of payments as initially provided for hereunder. a o SIXTH: Such oil and gas may be measured in accordance with standards generally accepted in the industry or agreed upon by, you and any purchaser of such oil or gas. a SEVENTH: From time to time (a) you may purchase any such oil or gas for your own cW use, in which event you shall pay to the undersigned his share of the market value G M thereof prevailing for the field where produced on the date of such purchase, less all oz applicable taxes (b) you may sell any such oil or gas to any purchaser, in which event Q you shall account to the undersigned for his share of such oil or gas at the price g received by you from such purchaser, less all applicable taxes and less all costs of • treating, compressing, boosting, dehydrating or any other conditioning necessary, , a handling and transportation to the point of sale, and subject to the terms or any ;; contract of purchase and sale between you and such purchaser. .. rig EIGHTH: In the event all or any portion of the land described herein or any formation underlying same be included in one or more units now or hereafter formed or co v revised by order of any appropriate governmental authority or in one or more duly authorized voluntary units now or hereafter formed or revised, it is agreed that this 2:41 Division Order shall be subject to such unit or units so formed or revised, and that • w settlements shall be made in accordance with the production allocated to said tract or o a formation without requiring the execution of additional Division Orders. 1/40 NINTH: Should it be determined from time to time, by any court or governmental ( c w agency having jurisdiction, that the prices being paid to Barrett and the amounts being disbursed to the undersigned are in excess of lawful prices and a refund required, the o z undersigned agree to promptly refund such excess amounts so paid. Barrett shall have Not the option, but not the duty, to recover such excess amounts out of settlement amounts >, to which the undersigned would otherwise, be entitled. va a TENTH: when the Division Order as .submitted by you is signed and returned to you by one or more of the owners herein named, it shall be binding upon you and upon him or `„?1,1-N- them and shall be binding upon and inure to the benefit of the heirs, successors in w interest, legal representatives and assigns of the parties hereto. w As used in this Division Order, the masculine includes the feminine and neuter genders. SOCIAL SECURITY WITNESSES SIGNATURE OF (WJER OR TAX I.D. I• CORPORATION ATTEST: BOARD OF COUNTY COMMISSIONERS P1 O( �T WELD CO U d DO 7 • a. l.. ,O .i By: 84-6000-813 De•uty Cp ty'Cle ti Title: Chairman role.n ADDRESS: P.O. Box 58 Greeley, CO 80632 — 2 - Barrett Energy Company A wholly owned subsidiary of Barrett Resources Corporation r'.,x, 1125 17th Street • Suite 2100 • Denver, Colorado 80202• (303) 297-3900 feel:. August 13, 1986 To : ALL PARTIES IN rill,' RE: DIVISION ORDER #290 D igCs GARCIA #1 T5N — R66W, Sec . 32 S/2SE/4 Weld County , Colorado U6 ~' Ladies and Gentlemen : ic'tierLEy .,_ i � Enclosed is the Oil and Gas Division Order, in duplicate, for your proceeds of production from the well listed above. The Garcia #1 is a Codell/Niobrara well and the spacing unit is the S/2SE/4, containing 80 acres more or less, Weld County, Colorado. Please check your Division Order for proper spelling of . 2 your name, correct interest, and correct mailing address. Should your name be incorrectly spelled or your address changed, make the necessary correction on the Division Order itself before returning it to this office. However, if your decimal interest is incorrect, contact this office immediately. If your Division Order is correct and you are an individual, please sign and date both copies , have your signature witnessed by two (2) people from outside your family and furnish us with your social security number. If your Division Order is correct and you are a corporation, sign, have your signature attested and furnish us with your tax identification number. Return one fully executed copy to us at the following address: 1125 17th Street , Suite 2100 Denver, Colorado 80202 and retain the additional copy for your records. Our accounting department will issue checks monthly upon receipt of your fully executed Division Order. Checks are normally mailed out from the 15th to the 20th of the month. Thank you . Very truly yours , BAR TT ENERGY COMPANY Pnaleglit/ Jose h P. Barrett Landman JPB/lb ENCLOSURE Hello