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Home My WebLink About891048.tiff RESOLUTION RE: APPROVE OIL DIVISION ORDER FROM TOTAL PETROLEUM, INC. , 515 CENTRAL PARK DRIVE, OKLAHOMA CITY, OKLAHOMA 73105, 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 Arlo L. Richardson, and WHEREAS, said lease covers land more particularly described as follows: Township 5 North, Range 65 West, 6th P.M. Section 11 : NW*SW} , SWISW} Weld County, Colorado WHEREAS, Total Petroleum, 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' s staff 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 Total Petroleum, Inc. , 515 Central Park Drive, Oklahoma City, Oklahoma 73105 , 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. /-3/0 891048 Page 2 RE: DIVISION ORDER - TOTAL PETROLEUM, INC. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of October, A.D. , 1989. Mak4A(‘AlBOARD OF COUNTY COMMISSIONERS ATTEST: F�� WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Bo d C. irby, C irman B3�--)i , ec/ erantnerTem Deputy County erk (27-6S-a--1W� -9Z- APPROVED AS TO FORM: onstance L. Harbert - = �� -- eor Gge e ne ounty Attorney 2 Gord6 ac 891048 AR21935a2 Lease Number 302729 Total Petroleum,Inc. DIVISION ORDER and 302780 LGT TO: 515 Central Park Drive August 9 89 Oklahoma City, OK 73105 19 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 THE ROBERT GERRITY COMPANY JOHNSON PM-F 11-12 and OSTER PM-F 11-13 farm or lease, located in Weld County, State of Colorado , more particularly described as follows: JOHNSON PM-F 11-12: NW/4 SW/4 of Section 11-5N-65W. (Lease Number 302729) OSTER PM-F 11-13: SW/4 SW/4 of Section 11-5N-65W. (Lease Number 302780) Effective 7 a.m./lasitly/bV First Run 19 89 , and until further written notice, you are hereby authorized to receive, purchase and give credit for all oil received from said property subject to the conditions, covenants and directions following: CREDIT TO DIVISION OF INTEREST ADDRESS SEE PAGES TWO AND THREE FOR "y W LI1✓ DIVISION OF INTEREST L' N oui o ui 'fJ N z � z � to tYrn C'. N hi ail CA H yo Cal \ H FIRST: The oil purchased in pursuance of this Division Order shall be merchantable and become your property upon delivery thereof to you or to any pipe line designated ks,Corrections by you. Z rim purchased w Quantities of oil r and hereunder shall be computed in terms of 42 U.S.gallons per barrel from regularly compiled tank tables showing the full capacity of the ants.Corrections \ for temperature and deductions for dirt,sediment and other impurities are to be made in accordance with your rules,regulations and customs in effect at the time and place of delivery.The r:•; co oil shall be steamed or treated when necessary to render it merchantable. t"t ID SECOND:The oil received in pursuance of the Division Order shall be paid for to the party or parties entitled thereto according to division of interests shown above at the price for each day's receipts posted and upon the basis therein indicated on that day by you for the same kind and quality of oil in the field in which it is received.If it is necessary to transport crude oil 1;1 hereunder by truck,then,in that event,you are authorised to deduct from such price the trucking charges,together with Federal Transportation Tax thereon.Should the oil be sold by you to another purchaser accepting delivery thereof at the lease tanks,settlement thereof shall be based upon the price received by you for such oil and upon the volume computation made by such N purchaser.Payments shall be made monthly for oil received and purchased during the preceding month by your checks delivered or mailed to the respective parties at the addresses stated. RI However,it is agreed,if the amount payable to any of the tmdersigned is less than Ten Dollars during any month,you may withhold payment thereof,without interest,and in lieu of monthly N settlement,make payment at such time as a minimum sum of Ten Dollars has accumulated to the credit of the undersigned;provided,however, that settlement shall be made at least once pz) W during each calendar year.regardless of the amount which has accumulated*the credit of the undersigned.Pipe line grades and measurements are to govern and control in all settlements. subject to the provisions of price postings above referred to concerning computation of quantities. The undersigned authorize you to withhold from the proceeds of any and all runs made port hereunder the amount of any tax plated thereon,or on the production thereof,by any governmental authority.and to pay the same in our behalf. r, THIRD: In case of any question, controversy or adverse claim of title which in your opinion adversely affects title to any interest credited hereunder. or in case title shall not be satisfactory to you at any time during the term of this division order,each of the undersigned agrees to furnish complete abstract of title and other evidence of title satisfactory to you and authorizes you to retain the purchase price of the oil without obligation to pay interest on the amount so withheld,until satisfactory indemnity shall be furnished you against such question, tit {R controversy,adverse claim or any such defects in title,or until any question,controversy,adverse claim or defect to owners'title is settled to your satisfaction.In the event suit is filed in any PCIO court affecting title to oil purchased hereunder,either before or after severance, the undersigned agree to indemnify and save you harmless from any and all costs in connection with such • action,including attorneys'fees;and further the undersigned agree to indemnify and save you harmless and any carrier transporting said oil for your account against any and all liability for loss,cost,damage and expense,including attorneys'fees,which you or the carrier may suffer or incur on account of receiving,transporting and paying us for said oil. Vio FOURTH:The undersigned severally agree to notify you of any change of ownership and no transfer of interest shall be binding upon you until transfer order and the recorded instrument evidencing such transfer,or a certified copy thereof,shall be furnished you.Transfers of interest shall be made effective on the first day of the calendar month in which notice is received by t7 you.You are hereby relieved of any responsibility for determining if and when any of the interests hereinabove set forth shall or should revert to or be owned by other parties either as a result of the completion or discharge of money or other payments from said interests,or otherwise;and the signers any,orb the reversion ore hereof whose interests are affected k by such City,money l or other,when payments,such, if n by have change n o plated for any rgeer reason,agree to r i you notice in writing that registered rtd letter shall,for to you at ,become Oklahoma, any • N ordersey accordingly,order paYmona been en suchd or dischal no or when edy«her all b ld iharme than set fof,h above he ,for any rcrov,any ell dam grad famish h might arisentaoar ovedrpayment. that in the event such notice further rl not be agrees to received,you shall be held harmless ss in the event paid and the are hereby released from o any i all property.e or loss which might O arise out of any overpaymem[.The undersigned hereby to reimburse you for all amounts incorrectly r to undersigned for the above-described O 0 FIFTH: workingInterest owners and/or Q w Operators who sign this Division Order, and each of them, guarantee and warrant for your benefit and that of any pipeline or other carrier designated by you to run or transport said oil,that all oil tendered hereunder has been and/or will be produced m accordance with applicable laws and/or official rules and regulations. SIXTH:This Division Order shall become valid and binding on each and every owner above named as soon as signed by such owner.regardless of whether or not all of the above named owners have so signed and shall likewise be binding upon the heirs,personal representatives,successors and assigns of the parties hereto,and the undersigned hereby agree to all the terms and conditions of the Division Order now in effect and force. SIGNATURE OF WITNESS SIGNATURE OF OWNERS SOCIAL SECURITY OR • e;- TAXPAYER NUMBER WELD COUNTY, COLORADO • ATTEST: By: jet,:b � 84-6000813 • C.W. Kir y, Ch roan Board of County Commissioners f J Address: P.O. Box 758 Greeley, CO 80632 IMPORTANT: To avoid delay in payment, please show your correct address and your social security number or tax identification number. Individual signatures must be witnessed by a disinterested person. 346013 RII/84 QPCo. a91048 Division Order Lease limbers 302729 and 302780 August 9, 1989 Page Two CREDIT TO FRACTIONAL INTEREST DECIMAL INTEREST JOSE E. ALVAREZ AND MARIA L. 1/6 X 1.38/81.36 .0028269 R.I. ALVAREZ, JOINT TENANTS AUDREY ANDERSON 1/72 X 1/8 X 39.08/81.36 .0008339 R.I. RICHARD H. ANDERSON, JR. 1/216 X 1/8 X 39.08/81.36 .0002780 R.I. BERTIE E. BROWNLEE AND HELEN 1/4 X 1/6 X .46/81.36 .0002356 R.I. F. BROWNLEE, JOINT TENANTS ROBERT R. CLIFT 1/4 X 1/8 X 1.93/81.36 .0007413 R.I. V. W. CONNER CORPORATION 1/6 X 3/16 X 39.08/81.36 .0150104 R.I. Lr W N JOSEPH DILLON 1/72 X 1/8 X 39.08/81.36 .0008339 R.I. O DENNIS H. DUVALL AND YVONNE 1/4 X 1/6 X 1.23/81.36 .0006299 R. I. DUVALL, JOINT TENANTS MI C) JOAN R. ECHELE 1/2 X 1/2 X 1/6 X 20.32/81.36 .0104064 R.I. z iN zt.0 MICHAEL L. FRAZIER AND LILA .1/4 X 1/6 X 4.83/81.36 .0024736 R.I. 'i w W. FRAZIER, JOINT TENANTS Asa N tt JOE R. GARCIA, LIDIA R. 1/4 X 1/6 X .92/81.36 .0004712 R.I. GARCIA, MARIA D. E. GARCIA, fr3 c AND NANCY GARCIA, JOINT H o TENANTS z Co LINDA SUE GASTON 1/2 X 1/2 X 1/6 X 20.32/81.36 .0104064 R.I. MABLE GIBBLE 1/36 X 1/8 X 39.08/81.36 .0016678 R.I. Q, to DEBRA G. GOBLE 1/216 X 1/8 X 39.08/81.36 .0002780 R.I. • w n 0 WILLIAM R. ISRAEL AND LETHA 1/6 X 1.38/81.36 PLUS .0145444 R.I. S. ISRAEL, JOINT TENANTS 1/2 X 1/6 X 11.44/81.36 tt to xf o WAYNE C. JOHNSON AND TERESA 1/4 X .17 X 21.40/81.36 .0111787 R.I. o 0. JOHNSON, JOINT TENANTS • o LUCILLE R. KENNEDY 1/30 X .15 X 39.08/81.36 .0024017 R.I. O N JOHN LAMBERT 1/30 X .15 X 39.08/81.36 .0024017 R.I. o Ow HANS G. F. MEYER AND JUDITH 1/4 X 1/6 X 2.74/81.36 .0014032 R.I. A. MEYER, JOINT TENANTS SHERRI L. MULLINS 1/216 X 1/8 X 39.08/81.36 .0002780 R.I. LEWIS J. OSTER 1/8 X 1/6 X 20.32/81.36 .0052032 R.I. RICHARD E. OSTER 3/8 X 1/6 X 20.32/81.36 .0156096 R.I. JERALD W. OWEN AND MARGARET 1/6 X .07/81.36 PLUS .0053159 R.I. R. OWEN, JOINT TENANTS 1/2 X 1/6 X 5.05/81.36 ANTHONY S. ROGERS 1/30 X .15 X 39.08/81.36 .0024017 R.I. H. W. ROGERS 1/30 X .15 X 39.08/81.36 .0024017 R.I. WILBUR G. ROGERS 1/30 X .15 X 39.08/81.36 .0024017 R.I. 891048 Division Order Lease Numbers 302729 and 302780 August 9, 1989 Page Three CREDIT TO FRACTIONAL INTEREST DECIMAL INTEREST DELMAR EUGENE SCHOLFIELD 1/6 X 1/6 X 16.56/81.36 .0056539 R.I. DONALD LeROY SCHOLFIELD 1/6 X 1/6 X 16.56/81.36 .0056539 R.I. ORREN G. SCHOLFIELD 1/6 X 1/6 X 16.56/81.36 .0056539 R.I. BETTIE SHEPHERD 1/36 X 1/8 X 39.08/81.36 .0016678 R. I. MARGARET E. SHEPHERD 1/6 X .67/81.36 .0013725 R.I. •I W ELIZABETH SMITH 1/144 X 1/8 X 39.08/81.36 .0004170 R.I. w JACKIE DUANE SMITH AND 1/2 X .15 X .07/81.36 PLUS .0010785 R.I. H uut ROBERTA IDELLE SMITH, . 15 X .55/81.36 JOINT TENANTS X• 0 fC ALVIN G. TREIBER AND FLORENCE 1/4 X .15 X 39.08/81.36 .0180125 R.I. o TREIBER, JOINT TENANTS ABELARDO VEGA AND NANCY VEGA, 1/6 X .75/81.36 .0015364 R.I. K rn JOINT TENANTS C N hG X JESUS VEGA, OCTAVIO VEGA, AND 1/4 X 1/8 X 4.58/81.36 .0017592 R.I. y c MARIA SANTOS VEGA, JOINT t� TENANTS Z o zw n co JACK WARE 1/36 X 1/8 X 39.08/81.36 .0016678 R.I. r X OTHOL WARE 1/36 X 1/8 X 39.08/81.36 .0016678 R. I. X N WELD COUNTY, COLORADO 1/8 X .60/81.36 .0009218 R.I. U w WILLIAM LEE WEST, JR. AND 1/4 X 1/6 X .99/81.36 .0005070 R.I. 0 CHRISTINE E. WEST, JOINT 6 TENANTS Lr! to X o PATRICIA ZALE 1/144 X 1/8 X 39.08/81.36 .0004170 R.I. • o r DENNIS C. BAKER 1/2 X .01 X 66.684167/81.36 .0040981 O.R.I. 0 O w MICHAEL LEE 1/2 X .01 X 66.684167/81.36 .0040981 O.R.I. n o ARLO L. RICHARDSON .0233333 X 43.8875/81.36 .0311820 O.R.I. Ow PLUS .0025 X 6.513333/81.36 PLUS .03 X 5.35/81.36 PLUS .04 X 9.77/81.36 PLUS .05 X 7.098333/81.36 PLUS .065 X 6.513334/81.36 PLUS .075 X 2.2275/81.36 THE ROBERT GERRITY COMPANY .80 X 8/8 .8000000 W. I. 891048 TOTAL Total Petroleum,Inc. SUITE 200 515 CENTRAL PARK DRIVE OKLAHOMA CITY. OKLAHOMA 73105 4702 TELEPHONE 405 525-13100 August 9, 1989 To All Interest Owners: Reference: Johnson PM-F 11-12 -- Lease Number 302729 Oster PM-F 11-13-- Lease Number 302780 Weld County, Colorado Dear Interest Owner: Pursuant to that certain Division Order Title Opinion dated July 17 , 1989 , rendered by Attorney William F. Foster, we have prepared and enclose our Division Order, in duplicate, for your review. If you agree therewith, an individual must sign his or her name as it appears thereon, having his or her signature witnessed by a disinterested person. The execution by the authorized officer on behalf of a corporation should be attested by the secretary with the seal affixed, if used. Your tax identification number and address must also be given in the spaces provided. After the Division Orders have been completed, one original form is to be returned to me. The other form is for you to retain for your records. Upon compliance with the foregoing, your interest will be placed in line for payment. Sincerely, LISA G. TEAGUE Division Order Analyst (405) 557-7064 LGT:pdj Enclosures 891048 Hello