Loading...
HomeMy WebLinkAbout850006.tiff r"", RESOLUTION RE: APPROVE OIL DIVISION ORDER FROM THE PERMIAN CORPORATION, P.O. BOX 1183 , HOUSTON, TEXAS 77251-1183 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 WHEREAS, said lease covers land more particularly described as follows: NE/4 of NW/4 Section 25 , Township 6 North, Range 66 West, Weld County, Colorado WHEREAS, The Permian Corporation has submitted an Oil Division Order on the subject property, and WHEREAS, Weld County is entitled to a twenty 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 Division Order as submitted by The Permian Corporation, P.O. Box 1183 , Houston, Texas 77251-1183 , 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. ,idle a/1i <Zed- / EO2o, ge. 4-nun i 850006 '� \ Page 2 RE: DIVISION ORDER - PERMIAN CORPORATION The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of September, A.D. , 1985 . %'J�n`', n `L_ - _f' BOARD OF COUNTY COMMISSIONERS ATTEST: ahA (�' A I e�viu+��c WELD COUNTY, COLORADO Weld County Clerk and Recorder n and Clerk to the Boar ( J� ne✓�Jo on, Chairman B ofd ene R. Bran ner, Pro-Tem D puty County Cl rkleel Y/�� , % , APPROVED AS TO FORM: C.W. K ! ^�/ (:----;- !;LI G . Q County Attorney F nk Yamag i AR202673? - 1 THE !PERMIAN CORlOR,ATION DIVISION ORDER Lease No. 041417 August 5 19 85 TO THE PERMIAN CORPORATION,P. O. BOX 1183,HOUSTON, TEXAS 77251-1183 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 as set out below in all oil produced from all wells on the Cache Exploration, Inc. — Gerry farm or lease, located in Weld County, state of Colorado , more particularly described as follows: NE/4 of NW/4 Section 25, Township 6 North, Range 66 West, Weld County, Colorado and commencing at 7 A.M., the 1st ,ley of July 1935_, and until further written notice either from you or us you are authorized to receive oil therefrom, purchase it and pay for it as follows: DIVISION OF CREDIT TO INTEREST POST OFFICE ADDRESS ROYALTY INTEREST John D. Gerry .0992875 R.I. Barbara A. Ball .0992875 R.I. Weld County .0014250 R.I. OVERRIDING ROYALTY INTEREST Robert E. & Cleona M. Nelson .0025000 O.R.I. *Cache Exploration, Inc. .0140000 O.R.I. *Thomas R. Scheirman .0035000 O.R.I. WORKING INTEREST *CEI-Gerry, Ltd. .7800000 W.I. *If, as and when payout occurs, these interests shall be subject to change. By execution of this division order, each of said parties covenants and agrees to hold The Permian Corporation harmless from any liability in determining if, as and when this contingency occurs in the absence of 30 days written notice by registered mail. 8 1086 REC 02026737 09/30/85 16: 25 $0.00 1/002 F 0464 MARY ANN FEUERSTEIN CLERK ; RECORDER WELD CO, CO MAKE SURE YOUR CORRECT MAILING ADDRESS IS SHOWN ABOVE Form 259 Rev.4-1-88 The following covenants are also parts of this division order and shall be binding on the undersigned, their heirs, devisees, successors, legal representatives and assigns: FIRST: The oil received and purchased hereunder shall become your property as soon as the same is received into your custody, or that of any pipe line company or carrier designated by you, and the undersigned agree to look solely to you for • payment of oil purchased hereunder and shall have no claim or recourse against any subsequent purchaser of said oil. SECOND: The oil received and purchased hereunder shall be delivered F. 0. B. to any pipeline or carrier designated by you which gathers and receives said oil, and you shall pay for such oil to the respective owners according to the division of interest above set forth at the same price per barrel received by the operator of the lease covered by this division order. The word "oil" used herein shall mean crude oil and condensate (or distillate) delivered hereunder. THIRD: Quality and quantity shall be determined in accordance with the conditions specified in the purchase agree- ment with lease operator. The oil shall be steamed when necessary to make merchantable and you may refuse to receive any oil not considered merchantable by you. FOURTH: Settlements and payments shall be made monthly by check mailed from your office to the respective parties at the addresses above given, for the amount of such purchase price due said parties, respectively, less any taxes required by the law to be deducted and paid by you as purchaser. FIFTH: Abstracts and other evidence of title satisfactory to you will be furnished to you at any time on demand. In the event of failure to so furnish such evidence of title, or in the event of any dispute or question at any time concerning title to the above lands, or the oil produced therefrom, you may hold the proceeds of all oil received and run, without interest, until indemnity satisfactory to you has been furnished or until such dispute or question of title is corrected or removed to your satisfaction. And in the event any action or suit is filed in any Court affecting title either to the real property above described or to the oil produced therefrom in which any of the undersigned are parties, written notice of filing of such action shall immediately be furnished you by the undersigned, stating the Court in which the same is filed and the title of such action or suit, and you or any carrier transporting oil for your account shall be held harmless from any judgment rendered in such suit and all reasonable costs and expenses incurred in defending against said claim, whether in your defense or in the defense of the carrier transporting oil for your account, and the undersigned shall pay said judg- ment and said costs and expenses. SIXTH: The undersigned severally shall notify you of any change of ownership, and no transfer of interest shall be binding upon you until a transfer order end the recorded instrument evidencing such transfer, or a certified copy thereof, shall be furnished to you. Transfers of interest shall be made effective not earlier than the first day of the calendar month in which notice is received by you. You are relieved hereby of any responsibility for determining if and when any of the in- terests hereinabove set forth shall or should revert to or be owned by other parties as a result of the completion or discharge of money or other payments from said interest and the signers hereof whose interests are affected by such money or other payments, if any, assume said responsibility and shall give you notice in writing by registered letter addressed to you at the above address, when any such money or other payments have been completed or discharged or when any other division of interest than that set forth above shall, for any reason, become effective and to furnish transfer orders accordingly, and that in the event such notice shall not be received, you shall be held harmless in the event of, and are hereby released from any and all damage or loss which might arise out of any overpayment. SEVENTH: This division order shall become valid and binding on each and every owner above named as soon as signed by him or her regardless of whether any of the other above named owners have so signed; and in consideration of the pur- chase of oil hereunder, consent is given hereby to you and any pipe line company which you may cause to connect with the wells or tanks on said land, to disconnect and remove such pipe lines. in case of termination by either you or us of purchases under this division order. EIGHTH: Working interest owners and operators who sign this division order, and each of them, guarantee and warrant for your benefit and that of any pipe line or other carrier designated by you to run or transport said oil, that all oil tend- ered hereunder has been and will be produced and handled in compliance with the Fair Labor Standards Act of 1938, and any amendments thereto, and all other federal, state and municipal laws, rules and regulations. IN ACCORDANCE WITH FEDERAL LAW, PLEASE INDICIATE YOUR SOCIAL SECURITY OR IDENTIFICATION NUMBER BELOW: 84-6000813 WITNESS OF SIGNATURES OWNERS SIGN BELOW ATT) ST6C�R/ irri (3,4,f.na.„)..kvAn., • �O r, / .` _ter._ i rhai rman Dep t -, Cot;ylty CieJ: Board of County Commissioners • • BE SURE YOUR SIGNATURE IS WITNESSED AND YOUR CORRECT ADDRESS IS SHOWN B 1086 REC 02026737 09/30/85 16: 25 $0.00 2/002 F 0465 MARY AI)P FEUERSTEIN CLERK & RECORDS"' WELD CO, CO ,.1STRUCrduONS TO ALL INTEREST OWNER.,, Read Carefully Before Signing The Instrument This instrument should not be altered in any way unless accompanied by documentary evidence to support the change. If your name and interest are correctly shown: Signature: Sign name as shown on the instrument. Have your signature witnessed by at least one person not related to the party signing. If signing for a corporation, signature must be attested, corporate seal affixed, and title of signatory party shown. If not previously furnished, a certified copy of authority of executing officer must be submitted. If signed for a partnership, all partners must sign unless signed by an author- ized partner and we are furnished a certified copy of his authority. Signature by If the instrument is signed by agent, attorney-in-fact,guardian,estate repro- Second Party: sanative, trustee or any party other than the named interest owner, we must have evidence of the rights vested in the signatory party. Taxpayers Identification Insert your number in the space provided. Number or Social Security Number: Mailing Address: Indicate,in the space provided,the address to which checks are to be mailed. Print or type. Do not abbreviate. If you are already receiving checks from this company, be sure to use the same address to which we are now mailing checks. Lease Number: On the third line of the instrument you will find the number assigned to this lease. This number will appear on the statement attached to your check and should always be used when corresponding with this company. Change of Address: You should notify us promptly of any change in your mailing address. This notice must be over your own signature, or the signature of your appointed agent. Always include your Owner Number (which appears on your check from this company) and your old address, then state your new address with zip code. RETURN THE EXECUTED INSTRUMENT WITHOUT DELAY TO THE ADDRESS BELOW. KEEP ONE COPY FOR YOUR RECORDS. The Permian Corporation Attention: Division Order Department P. O. Box 1183 Houston, Texas 77251-1183 PC-127 (3-85) � T litta 'w' (dAwAlcc�n,�r oC THE PERMIAN CORPORATION pU0 81985 , , 1 2500 CITYWEST BOULEVARD 713/787-2500 1� P.O.BOX 1183 HOUSTON, TEXAS 77251-1183 -'"-'- may,i3O16.O%1^9RfiF..L TELEX: 924.942 PERM CORP HOU UD August 5, 1985 Re: Lease No. 041417 - Cache Exploration, Inc. - Gerry Dear Interest Owner: This is to advise that effective July 1, 1985, you will receive pay- ment for your interest in the captioned lease directly from The Permian Corporation, rather than Union Oil Co. of California. Enclosed please find The Permian Corporation's form of Division Order. If this instrument meets with your approval, we request that you exe- cute one copy, in accordance with the attached instructions and return it to this office for further handling. If the executed Division Order is received in this office within 90 days, there will be no interruption in payment; provided that production is purchased from the above refer- enced lease and that your account is credited with $25.00 or more. Thank you for your cooperation. Yours truly, THE PERMIAN CORPORATION To re-alRuby VKncent RV/lan I S enclosure c r�_ S r� y4;1-- ,�FI�rCG/ Jae o I-6. Hello