HomeMy WebLinkAbout871152.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 Shepler & Thomas , Inc . , and
WHEREAS, said lease covers land more particularly described
as follows:
Township 4 North, Range 67 West 6th P.M.
Section 10 : E} SE*
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.
Q ' fi- r /
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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
r ATTEST: A#t t n) WELD CO TY, COLORADO
Weld County C erk .al�and Recorder / ,' `'
and Clerk to the Board Gor . hairman
BY: C.W Kirbj , Pro em
Deputy Coun yk
APPROVED S TO FORM: Gene R. Bran net r
(bquel e John
County Attorney EXCUSED
Frank Yamaguchi
871152
AN 2112787 -
GAS DIVISION ORDER
TO: ASSOCIATED NATURAL GAS, INC.
P. O. Box 5493
Denver, Colorado 80217
Attn: Division Order Department Lease No. 1 291 and 1 280
Date August 10, 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 Oster 1 0-1 and Oster 10-2 lease or unit located
In the County or Parish of Weld , State of Col ora do
more particularly described as follows:
Township 4 North - Range 67 West, 6th P.M.
Section 10: E} SEr,
OWNER NO. CREDIT TO DIVISION OF INTEREST DECIMAL
22031 Weld County, Colorado 12.5% RI x , .909/80 .0014203
Board of Land Commissioners
Effective 8 AM date of first 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 July 13 , 198 3 ,between Shepler & Thomas Inc-
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
ATTEST: WELD COUNTY BOARD OF COMMISSIONERS
84-6000813
_ e u 0 Recorder BY: o , La , irman
C
Address: P.O. Box 758
De P rk
Greeley, CO 80632
Address:
B 1168 REC 02112787 09/01/87 11: 40 0. 00 1/002
F 2076 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Address:
WHITE-Return to ANGI / YELLOW-For your records / PINK-ANGI file copy
871152
SECOND: Payments are to be made monthly by checks of Associated Natural Gas. Inc.to he 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 00.10()(S25.00)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 referred to
herein the amount of any tax placed thereon, or on the production thereof, including but not limited to any severance, production or
occupation tax,by any governmental authority,local,state and/or federal,and to pay the same in our behall with the proceeds so withheld.
THIRD: In the event of any adverse claim of title or in the event title shall riot he satisfactory to Associated Natural Gas, Inc.at any time
during the term of this Division Order, each of the undersigned agrees to furnish complete abstracts of title and other evidence 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 shall be made satisfactory to Associated Natural Gas,inc..Each undersigned 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
--o severance,to indemnify and save harmless Associated Natural Gas, Inc.against any and all liability for loss,cost,damage,and expense
o} • f:;" Associated Natural Gas.Inc.may suffer or incur on account of receiving and paying said party the proceeds derived from the sale of
said Gas.Where Associated Natural Gas,Inc.,pursuant to the provisions hereof.withholds payment,or any part thereof,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 or
sums so withheld from payment to said party.and deduct all such taxes,interest and penalties so paid it from any sums owing by it to said
party.
FOURTH:The undersigned severally agree to notify Associated Natural Gas,Inc.of any change of ownership,and no transfer of interest
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 he made effective 8 AM on the first day of the
calendar month in which proper notice is received by Associated Natural Gas.Inc..Associated Natural Gas,Inc.is hereby relieved of ally
responsibility for determining if and when any of the interests hereinabove set forth shall or should revert to or be owned by other parties
as a result of the completion of discharge of money or other payments from said interests, and the signers hereof whose interests are
affected by such money or other payments, if any, agree to give Associated Natural Gas, Inc. notice in writing by registered letter
addressed to Associated Natural Gas, Inc., P.O. Box 5493. Denver, Colorado 80217, Attn: Division Order Department, when any such
money or other payments have been completed or discharged.or when any division of interest other than that set forth above shall.for any
reason, become effective and to furnish transfer order accordingly. and that in the event such notice shall not be received,Associated
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 overpayment.
FIFTH: If any portion of the proceeds derived from the sale of Gas is subject to refund under any order, rule or regulation of the Federal
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
been furnished,or until Associated Natural Gas,Inc.'s refund obligation has been finally determined.If any portion of the proceeds derived
from the sale of Gas is paid over by Associated Natural Gas. Inc. under any order, rule or regulation of the Federal Energy Regulatory
Commission or the provisions of the Natural Gas Act or Natural Gas Policy Act of 1978, Associated Natural Gas. Inc. is authorized to
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 election,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(iesl.the provisions of this Division Order shall
prevail.Each undersigned owner ratifies and confirms his oil and gas lease as being in lull force and effect as of the date hereof.
B 1168 REC 02112787 09/01/87 11: 40 10. 00 2/002
F 2077 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
871152
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