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HomeMy WebLinkAbout850017.tiff RESOLUTION RE: APPROVAL OF OIL DIVISION ORDER FROM ASAMERA OIL (U.S . ) INC. , P.O. BOX 118 , DENVER, COLORADO 80201 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 Asamera Oil (U.S. ) Inc. , and WHEREAS , said lease covers land more particularly described as follows: Township 5 North, Range 67 West, 6th P.M. Section 33 : N/2 Weld County, Colorado WHEREAS, Asamera Oil (U.S. ) Inc. , has submitted an Oil 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 Oil Division Order as submitted by Asamera Oil (U.S. ) Inc. , P.O. Box 118 , Denver, Colorado 80201 on the hereinabove described parcel of land be, and hereby is, approved. ,6/1.L /// C �C'' "cam (Gx/NCy850017 Page 2 RE: OIL DIVISION ORDER - ASAMERA The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of January, A.D. , 1985. ° p 1t "7 BOARD OF COUNTY COMMISSIONERS ATTEST: li ju (2.4"��, 11V-" `.6:.. y WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board frsSLc&. ue ne Jo‘31-h14)\i'M\Ite%— n, Chairman EXCUSED BY: //GCt8 ,C1 Gene R. Brantner, Pro-Tem Deput ountrk /� {/� APPROVED AS TO FORM: C.W. Kiiirb t t . L c County Attorney Frank Yamag hi AR1995904 OIL DIVISION ORDER ASAMERA OIL (U. S.) INC. Division Order No. 64133 POST OFFICE BOX 118 • DENVER,COLORADO 80201 Date: 01/04/64 Each of the undersigned, severally and not jointly,certifies and warrants to Asamera that he is the owner of the interest shown opposite his name in the below described property or of mineral rights therein or is entitled to receive the value or proceeds from the sale of oil (which shall mean crude petroleum and all other liquid hydrocarbons,in- cluding condensate, which shall be accounted for in the same manner as oil hereunder) produced from the J NELSON 33-23 lease or property, operated by DISCOVERY OIL situated in field or area, in WELD County, COLORADO and more fully described as follows to-wit: TOWNSHIP 5 NORTH, RANGE 67 WEST. 6TH P.M. SECTION 33: N/2 WELD COUNTY. COLORADO From and after the day PST RUNS , 19 84 ,at 7:00 a.m., and until further written notice to Asamera, and subject to the following provisions, Asamera is authorized: (a) to purchase and receive oil produced from the above described property, or (b) where Asamera owns a working interest in said property or has a right to market all or a portion of the production therefrom, to sell and/or deliver oil produced from such property to any purchaser Asamera may designate, and Asamera shall give credit for said oil pursuant to the directives contained herein. Credit to: Division of Interest Address WELD COUNTY .00042188 RI BOARD OF COUNTY COMMISSIONERS 92769 WELD COUNTY CENTENNIAL CENTER 915 1OTH STREET GREELEY CO 80631 B 1056 REC 01995904 01/21/85 11 : 19 $0 . 00 1/002 F 0254 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO. CO FIRST: Only merchantable pipeline oil shall be tendered to you hereunder, and title shall pass to you upon delivery to any transportation facility designated by you. You shall compute quantities and make corrections for temperature and deductions for impurities in accordance with your rules, regulations, and customs in effect at that time and place of delivery. Each of the undersigned working interest owners, if any, agree that all oil run hereunder will be produced and delivered in compliance with all applicable federal, state, and local laws, orders, rules, and regulations. SECOND: Settlement for the aforesaid interests shall be made on the basis of the current field price adopted or posted by you for oil of like grade and gravity at the time and place of delivery. TIIIRD: Payments are to be made monthly by your checks delivered or mailed to the parties thereto entitled at the address above given. If at any settlement date the amount payable to any party hereunder shall be less than fifteen dollars ($15.00), you may defer such payment and make payment when the amount has accumu- lated to fifteen dollars ($15.00), but in any event at not less than annual intervals. Deductions for any severance, N c gross production, occupation, windfall profit or other tax imposed on the production, sale or purchase of such oil U may be made therefrom by Asamera. o N▪ O FOURTH: In case of any adverse claim of title as to any interest or interests covered hereby, or if, in the U opinion of Asamera, any of the undersigned parties may not have good title to the interest claimed, each of the a Ca undersigned affected authorizes you to defer payment, without obligation to pay interest on the amount so de- o W ferred, until such adverse claim or dispute is finally determined or title is resolved to your satisfaction. 0 o a FIFTH: No transfer of an interest of any nature or change in the right to receive payments, however • accomplished, shall be effective as to you until 7:00 a.m. the first day of the calendar month after which you are • furnished proper division or transfer order and proof satisfactory to you of such transfer or change, and you hereby o are released from any and all liability for payments made prior thereto pursuant to this instrument. Each of the al a undersigned, severally, agree to hold you harmless from any payment made without such proper notification. ti ▪ `° SIXTH: If all or any part of the above described property is included in a pooled unit hereafter, then as • to each undersigned party who has agreed to, or is bound by such unit, this division order shall cover and be appli- W cable to the unitized minerals which, in accordance with the terms of the instruments pursuant to which such unit has been established, are allocated to the above described property, and payment hereunder to such undersigned co party shall be computed on such allocated minerals in accordance with the interest credited to such party herein. Z N H SEVENTH: This division order shall become valid and binding on each and every owner above named as oco soon as signed by such owner regardless of whether or not all of the above named owners have so signed. ALL SIGNATURES MUST BE WITNESSED (Each Married Person Should Be Joined By Their Spouse) Z WITNESSES: OWNERS SIGN BELOW: o \1 a W F£G so Ln Ls" u, o H Oi � W 84-6000813 Please sign your name exactly as it appears herein and also insert your Social Security or taxpaper identifica- tion number. `yy l'6 an vti' 10. cP/ialq/�r� VAr r.) r .. . I :R C� o �� c ASAMERA OIL (U. S.) INC. alla POST OFFICE BOX 116 • DENVER,COLORADO 60201 JANUARY 37. 1985 WELD COUNTY if �'' ib' n( ,fr BOARD OF COUNTY COMMISSIONERS pr � r-_.,.. ''1A WELD COUNTY CENTENNIAL CENTER � 915 10TH STREET )) GREELEY CO 80631 JAN 1 01985 Re: J NELSON 33-23 WELD COLORADO Dear Interest Owner: Effective with the first crude oil sales, Asamera Oil (U.S.) Inc. commenced purchasing the crude production from the J N_L5ON 33-23 inWELO County, COLORADO We have obtained the title opinion with a list of the interest owners from DISCOVERY OIL and have prepared our Division Order based upon this information. To insure a timely, uninterrupted payment, please check your Division Order for proper spelling of your name, correct interest and correct mailing address. Should your name be incorrectly spelled, or your address changed, please make the necessary corrections on the face of the Division Order. However, if your decimal interest is incorrect, please advise this office immediately. If your Division Order is accurate, please properly execute one copy by signing in the space provided on the back. Also, please have your signature witnessed. Please include your Social Security or tax account number in the space provided on the Division Order. The second copy of the Division Order should be retained for your records. After we have received your Division Order properly executed, we will place your interest in line for payment. Note that with regard to the executing of the Division Order, the following points should be reviewed and complied with: 1) When signing on behalf of a corporation, the signature should be attested, the corporate seal affixed, and the title of the signatory party should be shown. -2- 2) Partnerships should have all partners sign, or furnish us with a certified copy of the Resolution authorizing the signature affixed to the Division Order when the Division Order is returned to this office. 3) On a signature by a second party, i.e. agents, attorneys- in-fact, guardians, or any party except the named interest owner, evidence of the rights of the signatory party should be furnished to this office. 4) Be advised that on small interest amounts, payment will not be made until the sum due is $15.00 or more, except that in the month of December, payment will be made of any sum then due. Please advise this office promptly of any change of address or ownership. All transfers of interest for payment record purposes will be accepted effective only on the first day of the month. We are most grateful for your cooperation in this matter and trust that we will hear from you shortly. Sincerely, ASAMERA OIL (U.S.) INC. Division Order Department jh Enclosures TELEPHONE(303) 853-7300 TELEX 45-4483 ASAMERA OIL (U. S.) INC. POST OFFICE BOX 118 • DENVER,COLORADO 80201 QUALIFIED ROYALTY OWNER EXEMPTION Dear Royalty Owner: On July 29, 1981, the Congress of the United States enacted the Economic Recovery Tax Act of 1981. A major change made by this act is an exemption from the Windfall Pr-;fit Tax for a portion of crude oil production attributable to a qualified royalty owner. Effective January 1, 1982 through December 31, 1984, two (2) barrels per day of qualified royalty oil are exempt from the Windfall Profit Tax and, effective on January 1, 1985, the exemption is increased to three (3) barrels per day. Enclosed is Internal Revenue Service Form 6783 to enable you to certify those properties from which your royalty share of the oil produced is to be treated as exempt. READ THIS FORM AND ITS INSTRUCTIONS CAREFULLY. If you are unsure that you qualify as an exempt royalty owner or if you have questions concerning the form, please contact your personal tax advisor or your local Internal Revenue Service office for guidance. If your production qualifies for exemption, please complete the form by filling out the top of the form, listing the properties to be treated as exempt and sign and date the form at the bottom. Also indicate your Asamera owner number (as shown on your Division Order) in the space provided in the upper right hand corner of the form. Please return Form 6783 along with your Division Order. Thank you for your cooperation in this matter. Rum 64458 (Rae. gg Car ilcadon and Election Form otw p . 1541400t trt ere 19e2) enactmenta a.Treasury ► .'roe separate instrudlotta t'a ins a-3043 Hai aara.aw gelrite Name Tes seer Iasiaping nuts Weld County, Colorado , Board of County Commissioners 84-6000813 Address (number and street) 915 10th Street, P .O. Box 758 City or town. State and ZIP code Greeley, CO 80632 Name of purtitaser (only completed by a purchaser who is forwarding a qualified disburser election) Texpsyw Identifying numb ' art1-1. Exemption Certificate I certify that all my production from the properties on the attached list is exempt from the windfall profit tax. I am entitled to this exemption because I qualify for the status indicated below(check applicable box): ® Qualified governmental interest(section 4994(8)) O Exempt Indian oil(section 4994(d)) O Qualified charitable interest (section 4994(b)) O Qualified independent producer of exempt stripper well oil (section •_. -.-_._.-4994(g),onlyiettohnte-efi removed-ether 1942) - I understand that I must file Part ill within 10 days atter I no longer qualify for exemption from the windfall profit tax. Under penalties of penury,I cistern that I haya examined this certificate. including accompanying inNtuctleaL and to the beret of my knowledge and belief, it Is true, correct, and comorete. ��.r� — Signature of exempt producer esO � tie \ — DW ���► /� M i 's'Partstli3 Independent ucerCe ificate I certify that I qualify as an independent producer as defined in section 4992. and that all my taxable production from the prop- erties listed on the attached sheet is entitled to the lower rate of windfall profit tax for tier one and tier two oil. The total taxable production from these properties (plus production from Other qualified property that I have certified)does not exceed my share of the 1,000 barrel a day amount for Independent producers, I certify that (check applicable box): • I am a member of a related group (as defined in section 4992(8)(2)). I ant attaching a list to the Form 6458 that I am filing with the IRS showing the name and taxpayer identifying number of all other members of my' related group." O I am not a member of a related group (as defined in section 4992(e)(2)). I understand that I must file Part III within 10 days after I no longer qualify as an independent producer. under pentium,of penury, I peelers that I nave examined this certificate. including aoeemdanting mstn,Cdene. and to the bet of my knowledge and • belief, it is true. correct, and complete. Signature of Independent protlunr ► Pete ► Partin,' Revocation of a Previously Filed Certificate I no longer qualify for exemption from, or reduced rates of, the windfall profit tax. The status that I previously claimed was: • Qualified governmental interest O Independent producer 0 Qualified independent producer of exempt stripper well oil • Qualified charitable interest ❑ Exempt Indian oil • Date of original certification ► Service Center where filed ► Effective date of revocation ► Signature of Producer ► Dete ► -PartIV-.. Qualified Disburser Election I certify that i am a qualified disburser as defined In regulations issued under section 4995 and that I hereby elect to perform all the duties normally imposed upon the purchaser in regard to the administration of the windfall profit tax. I understand I must file Part VI within 10 days after this election is terminated. Effective oats of election Property(include lull lease nag-. ',canon. end identifying number, i1 applicable) 'Signature ul oualdled oisburser Date For Paperwork Reduction Act Notice, see page 1 of the instructions. 363-475-t Form 6458 (Rev 9-821 /-1/° /.c/( Hello