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HomeMy WebLinkAbout871150.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 Sunshine Valley Petroleum Corporation, and WHEREAS, said lease covers land more particularly described as follows: Township 5 North, Range 65 West 6th P.M. Section 1 : N} SW* 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. ( , ' 871150 Page 2 RE: 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 31st day of August, A.D. , 1987 . . BOARD OF COUNTY COMMISSIONERS ATTEST: U4td-(PC ye „. WELD COUN , C L•ORAAO Weld County C erk and Recorder � and Clerk to the Board Gord6n'�E. / cy, 4J Orman BY: C. . K r" by, T m Deputy ount C k � f( S APPROVED AS TO FORM: Gene R. Brantner 0 t� C7 Ja que a Jo+MVi1f"son County Attorney EXCUSED Frank Yamaguchi 871150 ARe1127/38 GAS DIVISION ORDER TO: ASSOCIATED NATURAL GAS, INC. P. O. Box 5493 Denver, Colorado 80217 Attn: Division Order Department Lease No. 1326 Date August 18, 1987 Plant 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 Ga tewood 11-1 lease cr unit located in the County or Parish of Weld , State of Colorado more particularly described as follows: Township 5 North - Range 65 West, 6th P.M. Section 1 : Ni SW* OWNER NO. CREDIT TO DIVISION OF INTEREST DECIMAL 22031 Weld County, Colorado 12.5% RI x ,74/78.67 .0011758 acting through the Board of Land Commissioners Effective 8 AM date of f I rst purchase , and until further notice, you are hereby authorized to take or retain possession of all Gas from said property(ies)on and after the effective day and to give credit as set forth above for all proceeds derived from the sale of Gas from said property(ies) subject to the conditions, convenants and directions set out below: FIRST:It is understood that the Gas produced from the above-described property(ies)is being sold under that certain Gas Purchase and Processing Agreement dated Becemher 30 , 1g8_ — between Sun chine Valley Petroleum 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. Owners Sign Below Taxpayer Identification or Signatures of Witnesses (Enter Mailing Address) Social Security Number TEST: WELD COUNTY ARD OF COMMISSIONERS .<. 84-6000813 _Weld �.un,y Me .. -Border BY: o . Lac , irman • �.., !a• b C.��__. Address: P.O. Box 758 • Dep ¶y lark f 17 ,`'`j Greeley, CO 80632 t Address:788F 2078 MARY OANN2FEUERSTEIN/CLERK1&4RECORDER•WELD CO/0 CO Address: WHITE-Return to ANGI / YELLOW-For your records / PINK-ANGI tile copy 871150 ItHCORDER'S MIMORANDUM AT THE TIME OF RECORDATION, THIS IN- STRUMENdT WAS FOUND TO BE INADEQUATE FOR ST PHOTOGRAN BECA THEUSE OF BE PHIC ILLEGIBILITY, CARBON REPRODUCTIO OR pHC7TC COPY DISCOLORED PAPER FTC 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 N exceeds said sum.The undersigned authorize Associated Natural Gas. Inc.to withhold from the proceeds of any and all Gas referred to c� —p herein the amount of any tax placed thereon, or on the production thereof, including but not limited to any severance, production or sat- °I . occupation tax,by any governmental authority,local,state and/or federal,and to pay the same in our behalf with the proceeds so withheld. THIRD: In the event of any adverse claim of title or in the c''ertl title shall riot he satisfactory to Associated Natural Gas.Inc.it any lime during the term of this Division Order, each of the undersigned agrees to furnish complete ahstrac:ts of title and other evidrence of title satisfactory to Associated Natural Gas. Inc.and authorizes Associated Natural Gas. Inc.to withhold payment,without obligation to pay interest on the amount so withheld,until satisfactory indemnity shall be furnished to Associated Natural Gas. Inc.against such adverse claims or any such defects in title,or until title shrill he made satisfactory to Associated Natural Gas.Inc..Each'under signed party.as to the interest of such party hereunder,respectively agrees,in the event suit is filed in any court affecting title to said Gas.either before or after severance,to indemnify and save harmless Associated Natural Gas, Inc. against any and all liability for loss.Cost.damage.and expense which Associated Natural Gas.Inc.may suffer or incur on account of receiving and paying Sind party the pio'.eed,derived from the sale of said Gas.Where Associated Natural Gas,Inc..pursuant to the provisions hereof,withholds payment,of any pat t thereol,each undersigned party from whom payment is withheld severally agrees to indemnify and hold Associated Natural Gas.Inc.harmless of and from all liability for any tax.together with all interest and penalties incident thereto,imposed or assessed against.or paid by it on account of the sum on sums so withheld from payment to said party.and deduct all such taxes.interest and penalties so paid it mom any stuns owing by it to said party. FOURTH: Tula undersigned severally agree to notify Associated Natural(.;:t;:•Inc.of any change of owner:hie.an I' no mam:fr'r r+f m;,r, ,! Shall he binding upon Associated Natural Gas.Inc.until transfer order and the Ircor+lr.•d ntStrinnr iit r`vidciir.ur'.!stir In lran•:Irr ,.,r a!I.Orli-II copy thereof.shall he furnished to Associated Natural Gas. Inc. Tr ansf..r of interest shell he made!tire:five it AM oil the First day c,f+I.4' calendar month in which proper notice is received by Associated Natural Gas.Inc..Associated Natural Gas.Inc.is Ileteh•;r.!fi.••;t,f'.!:I:•v responsibility for detcrrnining if and when any of the interests heteinnbovr•set forth shall or should air.r:,t!,r r" l' rr;i 'I by•tl! f.''iIi•.' as a result of the completion of discharge of money or other payment!: from said interests. and the;+'mer; f, re`nf :,I;r.... .1,I 'n•.I . 1,r affected by such money or other payments, if any. agree to give Associated Natural Gas. Inc notice in mailing by registered f tette, addressed to Associated Natural Gas:Inc., P.O. Box 5493, Denver, Colorado 8021'7. Attn: Division Order Department. when any s!te.tl money or other payments have been completed or discharged.or when any division of interest nlher than that sot forth above shah.for Re”, reason, become effective and to furnish transfer order accordingly. and Ih:,r in tilt•!went such netir, -h;111 ,+:.`t hr• „.„iv,!. A-.•••"ir11•t! Natural Gas. Inc shall be held harmless in:he event of.and is hereby relr'asrtl from any and all dalncrrx'of I:r: :'Mich t:,i,.)ht:11s+-;,I.I el. any overpayment. FIFTH: If arty pnrtinar of the proc''rafS derived limn the salt.of G9c is in'iii a't 1n wilful,'traitor-•,r•,-1,r '' r„r.• ,r r:r„si'h.q. •.t F..n•^rny R.,rl+d;,lr,r•i I".nrr„oi':also r,r Ihn It,•ovklm.t,r't this Natural Gas Act or rlatnl'It roe:f'.,I+• . r:,t r::l.": . ' ,. I f 1.,11:..:',, .•. 1,111/hold•Nally!;r1 'Morn's!' the pottnu,r of the pr'' ce'<Is subject to refund info^•s inrj•'eeit;•:rri^Fr' :.i 1 ! in',,••I-'I'•• ;!r:I-. r,•, t_r'r'n f kirr,+...hr•,I.1,r!filth Associated Natural(pia'. h;:.';refund U'r'lin rlira'ha':I'•''rl full!;/Oct.t•••,! •' " II I ' • .. .•t'• •. ' ' from tIre :ale of Gas is paid over by Associated FJatnral“,tn. Inc ['Mr, ,'rid•„1'fe`r. WI' r:r , _I!, !'•" '! : •1 r';•... • r; .,trnic'ri,7tt Or this f'rrrvistr',I,• of Ihr.,Nrrt'n'tl f':... Act or Natural (',:r r,..±i^;✓ Ar'f •f 1079. r. "i;tl...! rt't..r ,,.,. n. , •,. •,, ..i. re,:(:,,er the arnr'1Jrt of the relltrrd al f,lir:nhlr•to th,ir+tr,.•r.,,.t'•I e:'.•h of ge't'ii ! 'eigr;,„t f,,•,;r,r+dl•! 'r,:!,„•• •,r- ...:,1 . .:..r..,I••..,t•.;e r r ;,. tric'sr,!r.:•ir.I: ,t,nf: .Ir nirptha•Irld• Ire"•ffirr,I. ,. phis lb"legal i.e., .I'reerc `t5.-.., ;-f',.t:J,', ,-!' , • • 'I. : • pay in oalnectien with the undersigned's{.•orlon 421 the refund. SIXTH: fl':;L)t,_is n•: I. !' r.: . :Jo lint :Iln,!Irla llfurr. . • i • . - ' • ....I ce• '•:I:art':!!: ,.of '•'i:.'li. .r •+ :t;. 'Hit:,,l1.el :Ifosse t:-r'.lntr`[I n:. • * ' ,I .1,' • . i .. n. • `I •.! ..,!:I` . ',':I rl• t: - + •, , , •%i ,.,•I' r • ,'1,•.1< ..• • I.alf!i ..1:::1 f', i 11:rail,l I;l: ' I . ••• .• • B 1168 REC 02112788 09/01/87 11 : 42 X0 . 00 2/002 F 2079 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • 71150 i$NGI WI of v, jM024bQ87 A5SOCII�TED NI�TIRAI 645, INC. GRE6i FY INSTRUCTIONS TO ALL INTEREST OWNERS THE ENCLOSED GAS DIVISION ORDER OR GAS TRANSFER ORDER SHOULD NOT BE ALTERED IN ANY WAY EXCEPT TO CORRECT SPELLING ERRORS, UNLESS ACCOMPANIED BY DOCUMENTARY EVIDENCE TO SUPPORT THE CHANGE. If your name and interest are correctly shown: 1. Sign your name as shown on the Gas Division Order or Gas Transfer Order. 2. Have your signature(s) witnessed by two competent witnesses. 3. If your name has changed due to marriage or divorce, execute the Gas Division Order or Gas Transfer Order using your present name and furnish a copy of the marriage certificate or divorce decree. 4. If signing for a corporation, signature must be attested, corporate seal affixed and title of signatory party reflected. 5. If signed by agent, attorney-in-fact, guardian or any party other than the named interest owner, a certified copy of the power of attorney or other evidence of such party's right to sign must be furnished. 6. Gas Division Orders or Gas Transfer Orders for partnerships must be executed by all partners or by an authorized partner. A certified copy of the instrument2giving said partner authority to sign must be furnished. 7. Should you fail to provide your correct Social Security Number or Tax Identification Number, the law provides that we withhold 20% of all production proceeds due you. You may also be subject to a further penalty levied by the Internal Revenue Service. 8. Your correct mailing address should be noted in the space provided to insure prompt receipt of production proceeds. 9. The white copy of the Gas Division Order or Gas Transfer Order should be returned to: ASSOCIATED NATURAL GAS, INC. DIVISION ORDER DEPARTMENT ATT: MARTHA A. BRANDT P.O. BOX 5493 DENVER, COLORADO 80217 10. Should you have any questions regarding the enclosed Gas Division Order or Gas Transfer Order, please contact your Operator or Associated Natural Gas, Inc. at (303) 292-3331 . MAILING DDR SS:P.OE 6 8 BOX 5493• DENVER,CO OR DO 0 80202 • (303)292-3331 3 71150 Hello