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Home My WebLink About870249.tiff 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 Conquest Oil Company, and WHEREAS, said lease covers land more particularly described as follows: Township 4 North, Range 66 West, 6th P.M. Section 6 : W/2 SW/4 Weld County, Colorado WHEREAS, The Permian Corporation has submitted an Oil Division Order on the subject property, and WHEREAS, Weld County is entitled to 18 3/4% 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. �� 870249 Page 2 RE: DIVISION ORDER - THE PERMIAN CORP. The above and foregoing Resolution was , on motion duly made and seconded , adopted by the following vote on the 6th day of April , A.D. , 1987 . �j /J BOARD OF COUNTY COMMISSIONERS ATTEST: " `CIA.e 1:—/t.Vu WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board Gordon E. Lacy/ Chairman oyJ C. Kir y, PTem puty County erk R�ar - is- APPROV//ED AS TO FORM: Gene R. Brantner __ tVMAN--- - ;f Jai quel e Jo n on County Attorney EXCUSED Frank Yamaguchi 870249 THE PERMIAN CORPORATION AR2a94703 DIVISION ORDER Lease No. 042013 February 12 ,19 87 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 Conquest Oil Company — Bernhardt 13-6 <rO farm or lease, located in Weld County, State of _— Colorado , more particularly described C) U as follows: O U o W Township 4 North, Range 66 West, 6th P.M. 03 o lx Section 6: W/2 SW/4 v> W O Weld County, Colorado U ,. LIMITED to production obtained from the surface of the earth to the base of the .. w w Codell Formation. r- co 0o U Z O H and commencing at 7 A.M., the day of first runs , 19 , 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: w otn DIVISION OF M O CREDIT TO INTEREST POST OFFICE ADDRESS o W _. rNG. o Z ROYALTY INTERESTS oZ c1 RC 0 Benjamin Bernhardt .0163789 R.I. P4 W a Jacob Bernhardt .0163789 R.I. U) NN Margaret Bernhardt .0163789 R.I. N e-. O Mary Bernhardt .0163789 R.I. G 1/ Reuben Bernhardt .0170286 R.I. Martha Buxman .0163790 R.I. Marie Johnson .0163790 R.I. Public Service Company .0061184 R.I. of Colorado The Great Western .0069158 R.I. Sugar Company Weld County, Colorado .0019445 R.I. OVERRIDING ROYALTY INTERESTS Roberto T. Alaniz .0004897 O.R.R.I. Amoco Production .0114653 O.R.R.I. Company 2/ Bracewell Development .0122429 O.R.R.I. Corporation MAKE SURE YOUR CORRECT MAILING ADDRESS IS SHOWN ABOVE Form 259 Rev.4-1-63 870249 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. O. 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 and 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: WITNESS OF SIGNATURES OWNERS SIGN BELOW \t,..:4:441t4;„ OF COUNTY COMMISSIONERS ATTEST: N Rlvverw WELD COUNTY, COLORADO Zy: By D puty ,�� ( erk Chairman Pro-T (I ) 915 10th Street P.O. Box 758 Greeley, CO 80632 84-6000-813 Tax ID Number B 1152 REC 02094703 04/06/87 16: 11 $0. 00 2/004 F 0280 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO BE SURE YOUR SIGNATURE IS WITNESSED AND YOUR CORRECT ADDRESS IS SHOWN . 870249 February 12, 1987 Page 2 Lease No. 042013 - Conquest Oil Company - Bernhardt 13-6 OVERRIDING ROYALTY INTERESTS - cont'd. 3/ Conquest Oil Company .0352850 O.R.R.I. Kamal C. Jain .0014692 O.R.R.I. S. Duff Kerr, Jr. .0029383 O.R.R.I. v. 0 Pardee Exploration .0130592 O.R.R.I. o Company no U Robin M. Ri. aardsoi .0042539 O.R.R.I. o rj4 Sulphur River Exploration, .0048972 O.R.R.I. 0 3 Inc. orx 0 Robert Allen Venable, .0130592 O.R.R.I. ▪ Independent Executor O and Trustee u/w/o R.H. • Venable, Deceased — c Wilco Properties, Inc. .0130592 O.R.R.I. co U WORKING INTEREST az H VIE' 3/ East-West, Ltd. .7575000 W.I. orn - a M r7 oW V1 az oz N FC 1/ This interest is subject to a Deed of Trust dated 3-22-84 and recorded in Book 1026, o Reception No. 1961943, Deed Records of Weld County, Colorado in favor of The Federal W a Land Bank of Wichita, which by execution of this Division Order, authorizes and rz directs The Permian Corporation to make payment as credited above and further cove- N ti nants and agrees to hold The Permian Corporation wholly harmless and not liable for `^ m the accounting of payments made under this interest until such time as The Permian • o Corporation shall have received 30 days written notice by registered mail that such interest shall no longer be paid as credited above. 2/ This interest is subject to a Mortgage, Security Agreement, Assignment of Proceeds and Financing Statement dated 1-23-86 and recorded in Book 1100 under Reception No. 2040182, Deed Records of Weld County, Colorado in favor of United Bank of Denver National Association, which by execution of this Division Order, authorizes and directs The Permian Corporation to make payment as credited above and further cove- nants and agrees to hold The Permian Corporation wholly harmless and not liable for the accounting of payments made under this interest until such time as The Permian Corporation shall have received 30 days written notice by registered mail that such interest shall no longer be paid as credited above. 2/ This interest is subject to a net profits interest in favor of Phoenix Mutual Life Insurance Company, Phoenix American Life Insurance Company, State Street Bank and Trust, Trustee for Continental Airlines Pension Fund and Society for Savings, which by execution of this Division Order, authorize and direct The Permian Corporation to make payment as credited above and further covenant and agree to hold The Permian Corporation wholly harmless and not liable for the accounting of payments made under this interest until such time as The Permian Corporation shall have received 30 days written notice by registered mail that such interest shall no longer be paid as credited above. 1370249 February 12, 1987 Page 3 Lease No. 042013 - Conquest Oil Company - Bernhardt 13-6 3/ If, as and when payout occurs, these interests shall be subject to change and shall be owned as follows: Conquest Oil Company .0427850 O.R.R.I. East-West, Ltd. .7500000 W.I. 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. B 1152 REC 02094703 04/06/87 16: 11 $0. 00 4/004 F 0282 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 870249 1 THE PERMIAN CORPORATION J.IPPLJE2Fr'"ErA2iI8148-14119121111411911 2500 CITYWEST BOULEVARD 713/787-2500 ' P.O.BOX 1183 HOUSTON, TEXAS 77251-1183 GREELEY. COLO- TELEX: 324-942 PERM CORP HOU UD February 12, 1987 Re: Lease No. 042013 - Conquest Oil Company - Bernhardt 13-6 Dear Interest Owners: Enclosed herewith is The Permian Corporation's Division Order covering the captioned lease and based upon a January 30, 1987 Division Order Title Opinion prepared by David G. Ebner. If this Division Order meets with your approval, kindly execute in accordance with the attached instructions, returning one fully executed and witnessed copy to The Permian Corporation for further handling. If you have questions concerning any of the above or if we can be of addi- tional assistance, please advise. Sincerely, THE PERMIAN G'ERMIIAN CORPORATION L< /CM l "` 7 / ,4anice O'Neal //// JO/pk enclosures cc: William G. Crews Attorney-in-Fact for Conquest Oil Company 1223 28th Avenue, Suite 2 Greeley, Colorado 80631 870249 / F'� Hello