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Home My WebLink About890204.tiff RESOLUTION RE: APPROVE GAS DIVISION ORDER FROM ASSOCIATED NATURAL GAS, INC. , P.O. BOX 5493 , DENVER, COLORADO 80217, 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 Baker Oil Corp. , and WHEREAS, said lease covers land more particularly described as follows: Township 5 North, Range 66 West, 6th P.M. Section 28 : W/2NE/4 From the surface to and including the base of the Codell Sandstone Formation, Weld County, Colorado WHEREAS, Associated Natural Gas, Inc. , has submitted a Gas 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 Gas Division Order as submitted by Associated Natural Gas , Inc. , P.O. Box 5493 , Denver, Colorado 80217 , 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. 890204 Page 2 RE: GAS DIVISION ORDER - ASSOCIATED NATURAL GAS, INC. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of February, A.D. , 1989 . BOARD OF COUNTY COMMISSIONERS ATTEST: � � WELD COUNTY, COLORADO Weld County Clerk and Recorder //�and Clerk to the Board C.W. Kir y, C irman BY: _ c7x C y AL 'Call �ne o nson, Pro-Tem Deputy County Jerk ��JJJ APPROVED AS TO FORM: ene R. Bran ner George KenfSedy O County Att rney EXCUSED Gordon E. Lacy 890204 AR21719C? GAS DIVISION ORDER TO: ASSOCIATED NATURAL GAS, INC. b7 P. O. Box 5493 ~ ~r N Denver, Colorado 80217 #1820 (28-02)111821 (28-07) 0 N Attn: Division Order Department Lease No. 0 NI Ln February 16 , 1989 Date 7d n Plant 0 'fJ N 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 in the proceeds derived from the sale of Gas produced and saved from the Weideman PM J28-02 & J28-07 lease or unit located State of Col nra tri o We1 d , do • 0 in the County or Parish of more particularly described as follows: rn• o TOWNSHIP 5 NORTH, RANGE 66 WEST, 6th P.M. N) Section 28: W/2NE/4 From the surface to and including z the base of the Codell Sandstone Formation n co r to trl CREDIT TO DIVISION OF INTEREST DECIMAL OWNER NO. A ,c • 0 'A7 to SEE ATTACHED EXHIBIT "A" FOR OWNERSHIP LISTING t7 O ti b tzl 4.n Z 0 0 ti Effective 8 AM Date of firct oalc , and until further notice, you are hereby authorized to take or retain possession b of all Gas from said property(ies)on and and attar the effective day and to give credit as set forth above for all proceeds derived from the sale of Gas from O r said property(ies) subject to the conditions, convenants and directions set out below: 0 no FIRST:It is understood that the Gas produced from the above-described property(ies)is being sold under Company vase and Processing Agreement dated December 1 , 198 8 , between e Saracen as"Seller" and Associated Natural Gas, Inc. as "Buyer", and that all terms and covenants contained therein, and in any amendments, extensions,or renewals thereof shall govern and be binding upon the parties hereto in all respects which shall include,but not be restricted to,the price to be paid for said Gas and the time when such payments are to be made.As used in this Division Order,the term"Gas"shall be deemed to include casinghead gas, gasoline and all other products which Associated Natural Gas, Inc. receives and/or recovers by processing from Gas produced from wells on said property(ies). All covenants appearing on the reverse side hereof are incorporated herein by reference and the undersigned agree that each shall be deemed and considered an essential part of this division order in like manner and with the same effect as if printed above our signatures. • The undersigned expressly waive any claim against you for any and all amounts which may be due us from others for production prior to the effective date hereof.• re k Below Taxpayer Owners Sign identification or (E :td;. Social Securit Number nter Melling Address) Y C-W. Kirby, Chairman ATTEST: ,e4,3 Weld County Commissioners r a 84-6000813 BY• „ 'PLC /p eputy County Clerk P.O. Box 758 Address: Greeley, CO 80632 • • • • Address: Address: 89®24 WHITE-Return to ANGI / YELLOW-For your records / PINK-ANGI file copy • SECOND: Payments are to be made monthly by checks of Associated Natural Gas Inc.to be delivered or mailed to the parties thereto entitled at the addresses above given,provided that if the amount due any owner is less than Twenty-Five and D0,100($25.00}Dollars per month,Associated Natural Gas. Inc..at its option,may defer the making of such payment until such time as the aggregate amount due exceeds said sum.The undersigned authorize Associated Natural Gas Inc.to withhold from the proceeds of any and all Gas referrnc';c herein the amount of any tax placed thereon, or on the production thereof, including but not limited to any severance, produc.t:nri or occupation tax.by any governmental authority.local,state and:or federal,and to pay the same in our behalf with the proceeds so Wim:;e t b7 I--I I-4 • l'- N THIRD: In the event of any adverse claim of true or in the eeent title shall not be sat+sractory to Associated Natural Gas. Inc at a: , O� ("IN during the term of this Division Order,each of the undersigned agrees to furnish complete abstracts of title and other evidence%,r teat satisfactory to Associated Natural Gas.Inc.and authorizes Associated Natural Gas. Inc.to withhold payment. without oblrgattc•n Is pa, interest on the amount so withheld.until satisfactory indemnity shall be furnished to Associated Natural Gas.. Inc against such a:i:a ::c ►Ay (] claims or any such defects in title,or until title shall be made satisfactory to Associated Natural Gas.Inc. Each undersigned party.a= ;r.'.re l•< interest of such party hereunder. respectively agrees. in the event suit is filed in any court affectrnc:title to said Gas.either bc!:re r o severance,to indemnity and save harmless Associated Natural Gas. Inc against any and all hat.:;ay for ioss cost,damage.anc e.or.ssr Z which Associated Natural Gas Inc may softer or incur on account of receiving and paying said party the proceeds derived f'c•r:the z said Gas.Where Associated Natural Gas.Inc.pursuant to the provisions hereof,withhold;payment or any parr thereof,eacn once s.%zse; sts party from whom payment is withheld severa!!y agrees to rndemrefy and hold Associated Natures Gas. Inc harmless of and!rote a!:is i. Di co for any tax,together with all interest and penalties incident tnereto. imposed or assessed against.or paid by 't on account of the s,;r:• v sums so withheld from payment to said party.and deduct all such taxes.interest anc penalties so paid it from any sums owing by it to sa.c party. y t=! H Z FOURTH:The undersigned severally agree to notify Associated Natural Gas.Inc of any change of ownership.and no transfer of rrterr' O co shall be binding upon Associated Natural Gas.Inc until transfer order and the recorded instrument evidencing such transfer.or a certified copy thereof,shall be furnished to Associated Natural Gas. Inc..Transfer of interest shall be made effective 8 AM on the first day of the r=J calendar month in which proper notice is received by Associated Natural Gas,Inc.Associated Natural Gas.Inc.is hereby relieved of any responsibility for determining if and when any of the interests hereinabove set forth shall or sho,cld revert to or be owned by other pa-lie≤ ,p as a result of the completion of discharge of money or other payments from said interests, and the signers hereof whose rntereets are fir affected by such money or other payments. if any. agree to give Associated Natural Gas. Inc notice in writing by rearslered feiterlit addressed to Associated Natural Gas. Inc., P.O. Box 5493, Denver, Colorado 86217. Attn: Division Order Department, when any stic:r money or other payments have been completed or discharged,or when any division of interest other than that set forth above shall•for any 8 reason, become effective and to furnish transfer order accordingly, and that in the event such notice shall not be received, Associated w Natural Gas.Inc. shall be held harmless in the event of,and is hereby released from any and all damage or loss which might arise out of. any overpaymenttrj go [� o FIFTH: If any portion of the proceeds derived from the sate of Gas is subject to refund under any order,rule or regulation of the Federa; rr Energy Regulatory Commission or the provisions of the Natural Gas Act or Natural Gas Policy Act of 1978.Associated Natural Gas. Inc may hold without interest the portion of the proceeds subject to refund unless indemnity satisfactory to Associated Natural Gas. Inc. has n been furnished.or until Associated Natural Gas.Inc's refund obligation has been finally determined.If any portion of the proceeds derivedtv from the sale of Gas is paid over by Associated Natural Gas, Inc. under any order, rule or regulation of the Federal Energy Regulatory o Commission or the provisions of the Natural Gas Act or Natural Gas Policy Act of 1978.Associated Natural Gas, Inc. is authorized to o Cai recover the amount of the refund applicable to the interest of each of the undersigned from future payments,or at Associated Natural Gas. Inc.'s electron,it may invoice the undersigned therefore,plus the legal rate of interest Associated Natural Gas,Inc is or may be required to pay in connection with the undersigned's portion of the refund. SIXTH: This Division Order shall become valid and binding upon each and every owner above named upon execution hereof by such owner regardless of whether or not any of the other above-named owners have so signed If the provisions of this Division Order are In conflict with the provisions of any oil and gas lease covering the above described property(ies),the provisions of this Division Orde:shall prevail.Each undersigned owner ratifies and confirms his oil and gas lease as being in full force and effect as of the date hereof. • 3902 4 EXHIBIT "A" WEIDEMAN PM J28-02 AND WEIDEMAN PM J28-07 #1820 & #1821 Owner No . Credit To Division of Interest Decimal 1129 Weld County Colorado 12 . 5% RI . 1250000 30445 Stephen B . Evans 21 . 4285% of 3 . 5% of . 0128125 plus 6 . 25% of 8 . 5% ORI to 30453 Ted E. Amsbaugh 21 . 4285% of 3 . 5% of . 0128125 N plus 6 . 25% of 8 . 5% ORI oui 30437 Barry L . Snyder 21 . 4285% of 3 . 5% of . 0128125 plus 6 . 25% of 8 . 5% ORI k o � N 33110 Buddy L. Baker 1/2 of 1% ORI . 0050000 00 -4 30461 Barrett Energy Company 21 . 4285% of 3 . 5% plus . 0204625 Ptirg 15 . 25% of 8 . 5% ORI • 0 30470 Christina L . Snyder 5 . 357143% of 3 . 5% ORI . 0018750 Gn H 30488 Laurence N . Watts 5 . 357143% of 3 . 5% ORI . 0018750 Z -4 n ao 8823 Vicki L. Clark 25% of 1/7 of 60% of .0007500 � `° 3 . 5% ORI 33099 Jeanne A. Anderson 25% of 1/7 of 40% of . 0005000 R"' 0 3 . 5% ORItiJ v' 30402 Alazado Resources, Ltd . 50% of 8 . 5% ORI . 0425000 2 d 30411 Zenith Drilling Corporation 16% of 8 . 5% ORI .0136000 w o 4003 The Robert Gerrity Company 75% WI .7500000 N 0 n O w 0 O 0 O w 890214 Hello