HomeMy WebLinkAbout850012.tiff RESOLUTION
RE: APPROVE OIL DIVISION ORDER FROM BOUNTIFUL CORPORATION, 1801
CALIFORNIA STREET, SUITE 900 , DENVER, COLORADO 80202 , 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 Mayers and Company, and
WHEREAS, said lease covers land more particularly described
as follows:
Township 5 North, Range 67 West, 6th P.M.
Section 33
Weld County, Colorado
WHEREAS, Bountiful Corporation has submitted an Oil Division
Order on the subject property, and
WHEREAS, Weld County is entitled to a twenty-one percent
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 Bountiful Corporation, 1801 California
Street, Suite 900 , Denver, Colorado 80202 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.
850012
Page 2
RE: OIL DIVISION ORDER - BOUNTIFUL CORPORATION
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 30th day of
September, A.D. , 1985 .
`� _ BOARD OF COUNTY COMMISSIONERS
ATTEST:\ 'F.(jctaat a-r..i WELD COUNTY, COLORADO
Weld County Slerk and Recorder and Clerk to the Board J ine Jo n on, Chairman
BY• 6�y �X c ¢, ( F e rc_�✓ e �Brantn , Pro-Tem
eputy County C erk r
APPROVED AS TO FORM: C.W. K' b
G r
County At orney
F nk Yamagu i
AR2G26736
DIVISION ORDER
NEW
TO: ID BOUNTIFUL LEASE NO. 050484
CORPORATION
IS
DATE 8/19/85
1801 California Street
Suite 900
Denver, CO 80202
(303)297.1801
The undersigned,and each of them,guarantee and warrant that they are the legal owners of their respective interests,in the proportions
hereinafter stated,in all oil produced and saved from the MAYERS R_C0MPANY -
Moser #23-33 _ lease,
located in Weld County,State of Colorado
,described as:
For description of lands, see Exhibit "A" attached hereto and made a part
hereof.
Effective at 7:00 A.M. Date of First Purchase (6/85) ,and until further written notice,you are authorized to
receive all such production,for your own purchase or for resale,to receive payment therefor,to give credit for all proceeds derived therefrom
and pay therefor as follows:
OWNER NO. CREDIT TO
DIVISION OF INTEREST
For Division of Interest, see Exhibit "B" attached hereto and
made a part hereof.
•
B 1086 REC 02026736 09/30/85 16: 25 $0. 00 1/006
F 0458 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Please note that you (as payee) are now required by law to provide Bountiful Corporation (as payor)with your correct tax identification
number.If you are an individual.your tax identification number is your Social Security Number.If you do not provide us with your correct number,
the law requires that beginning January 1, 1984.we withhold 20%of all payments made to you.In addition,you may be subject to a$50 penalty
imposed by the Internal Revenue Service. . ----
All covenants appearing on the reverse side hereof incorporated herein by reference and the undersigned agree that each shall be
deemed and considered an essential part of this division order in like mannner and with the same effect as if printed above our signatures.
i \1,1 j4 1 , ^.
j lR SOCIAL SECURITY OR
�_ SIGNATURE OF OWNER TAX I.D. NUMBER
84-6000813
Weld Cei• err Recorder and of County oandssioners
and to-ViLl'!BoardBeard
De uty County Clerk OUR
MAILING DDRESS
/ /7 gr.e '„� _ -.
Zip Code
The following covenants are also part of this division order and shall become valid and binding upon each and every interest owner
above named upon execution hereof by such interest owner, and upon his or her successors, legal representatives and assigns, without
regard to whether any other interest owner or owners have so signed.
FIRST:All oil received and purchased hereunder shall be merchantable oil and shall become your property as soon as the same is re-
ceived into your custody or that of any carrier designated by you.
SECOND:The oil received and purchased hereunder shall be delivered f.o.b.to any carrier designated by you which gathers and receives
said oil and you agree to pay for such oil to the respective owners according to the division of interests herein specified at the price being
posted or paid byyou at the time of such delivery.The term "oil" as used in this division order, shall include all marketable liquid hydro-
carbons.
L
THIRD: You shall compute quantity and quality, making corrections for temperature and deductions for impurities, according to the
customs and prevailing practice in effect at the time and place of delivery and subject to rules and regulations prescribed by any governmen-
tal authority having jurisdiction in the premises.
FOURTH: 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 above stated; provided that if,at any time,the monthly payment due any party hereunder
shall be less than twenty dollars($20.00),you may defer such payment,without interest,until the amount payable to such party equals or ex-
ceeds the sum of twenty dollars in which event,payment shall be made at the next regular settlement date.Payment will be made at least an-
nually. You are hereby authorized to withhold from the proceeds of any and all runs made hereunder each interest owner's proportionate
share of any tax levied and assessed by any governmental authority on the oil received and purchased hereunder and to pay the same in our
behalf.
FIFTH: Satisfactory abstracts or other evidence of title will be furnished to you at any time on demand. Upon failure to furnish such
evidence of title,or in the event of a claim or controversy which, in your opinion, concerns title to any interest hereunder,you may withhold,
without interest and without liability,proceeds of all oil received by you hereunder until you have been furnished with indemnity satisfactory
to you or competent evidence that such claim or controversy has been settled. In the event any action or suit Is filed affecting title either to
the real property above described or to the production therefrom in which any of the interest owners are parties,written notice thereof stating
the court in which the same is filed shall be immediately furnished to you by such owner against whom the action is commenced. Each in-
terest owner agrees to hold you harmless and to protect and indemnify you against any and all loss,cost,expenses or liability which may
arise from such suit.
SIXTH:Working interest owners and/or operators who execute this division order,and each of them,guarantee and warrant that all oil
tendered hereunder has been or will be produced and delivered in compliance with all applicable federal,state and local laws,orders, rules
and regulations.
SEVENTH:No transfer of any interest or change in the right to receive payments hereunder,however accomplished,shall be effective as
to you until 7:00 A.M.on the first day of the calendar month in which you are furnished a proper division or transfer order together with proof
satisfactory to you evidencing such transfer or change in the right to receive payments hereunder,and you are hereby relieved of any and all
liability for payments made prior to receipt of a proper transfer order and a certified copy of the instrument of transfer.
EIGHTH:This division order shall remain in full force and effect until cancelled by any party hereto upon giving thirty days written notice
in advance of any such cancellation which shall be mailed to the respective parties at the addresses shown herein.Cancellation by any in-
terest owner or owners shall not be effective as to the interests of any other owner.
B 1086 REC 02026736 09/30/85 16: 25 $0.00 2/006
F 0459 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
EXHIBIT "A": MAYERS & COMPANY - Moser #23-33 (Lease No. 050484)
Re : TRACT I :
Township 5 North, Range 67 West , 6th P.M.
Section 33 : E/2SW/4 , SW/4SW/4 less Tracts III and IV,
W/2SE/4 , NW/4SW/4
Weld County, Colorado
Containing 233 . 2 acres , more or less
• m
TRACT II : o
po
Township 5 North, Range 67 West , 6th P .M. o m
Section 33 : E/2SE/4 • n
Weld County, Colorado y N
zo
• rn
Containing 80 acres , more or less
t4• w
TRACT III : a rn
Township 5 North, Range 67 West , 6th P .M. m• O
H 1/4O
C94
Section 33 : The following described tract of land z o
less Tract IV: Beginning at the
n O0
Southwest corner of said Section 33 ; r
thence North on the West line of said
Section 33 for a distance of 1 , 242 feet
to the West line of The Great Western m ••
Railway Company' s right-of-way; thence mu,
Southerly 40 feet from and parallel to
the centerline of said railway
right-of-way for a distance of 1 , 419
feet to the South line of said Section ao
33 ; thence West on said South section
line 400 feet to the place of beginning. m
0
Weld County, Colorado n
o w
Containing 5 . 597 acres , more or less
n o
O 0
TRACT IV:
Township 5 North, Range 67 West , 6th P .M.
Section 33 : Beginning at the Southwest corner of
said Section 33 and considering the West
line as bearing North 00°00 ' 00" East
with all bearings contained herein
relative thereto ; thence North 21°44 ' 15"
East, 81 . 00 feet to a point on the
Easterly right-of-way line of County
Road 117 said point being the true point
of beginning; thence North 00°00 ' 00"
East, 182 . 01 feet to the centerline of
the Mosier-Williams Ditch; thence along
said Ditch by the following two courses
and distances : South 84°01 ' 32" East ,
240 . 29 feet ; South 68°48 ' 41" East, 85 . 49
feet to the approximate West right-of-way
of County Road; thence along the arc of
a curve to the right whose radius is
899 . 49 feet and whose long chord bears
South 20°52 ' 18" East , 194 . 38 feet ;
thence along the North right-of-way line
of County Road /50 , South 89°58 ' 40"
West , 246 . 07 feet ; thence North 43°10 ' 27
West , 62 . 00 feet to the true point of
beginning.
Weld County, Colorado
Containing 1 . 203 acres , more or less
EXHIBIT "B"
MAYERS & COMPANY
MOSER #23-33
LEASE NO. 050484
OWNER NO. NAME DIVISION OF INTEREST
Royalty Interest
8897 Ralph Moser .014347
7/48 x 233.2/320 x 13.5%
9990 Bertha Binder, aka Bertha A. Binder .014347
7/48 x 233.2/320 x 13.5%
8898 Edith Kirby .014347
7/48 x 233.2/320 x 13.5%
8892 Harold Moser .014347
7/48 x 233.2/320 x 13.5%
8903 Donna R. Moser McDaniel .007174
7/96 x 233.2/320 x 13.5%
8902 Jerry L. Moser .007174
7/96 x 233.2/320 x 13.5%
8893 Muriel Jeanette Moser .014347
7/48 x 233.2/320 x 13.5%
8894 Shirley Kammerzell .002460
1/40 x 233.2/320 x 13.5%
8900 Duane Weber .002459
1/40 x 233.2/320 x 13.5%
8895 Maudie Weber .002460
1/40 x 233.2/320 x 13.5%
8901 Larry Weber .002459
1/40 x 233.2/320 x 13.5%
8896 Keith A. Weber .002460
1/40 x 233.2/320 x 13.5%
8904 Kirchner Farm Associates , a General Partnership .018219
233.2/320 x 2.5%
9991 Paul L. Nelson .015625
1/2 x 80/320 x 12.5%
9992 Charlene A. Nelson .015625
1/2 x 80/320 x 12.5%
8117 Weld County, Colorado .003673
5.597/320 x 21%
9993 Ronald Gerberding and .000564
Ann P. Gerberding, Joint Tenants
1 .203/320 x 15%
Overriding Royalty Interest
88888 Suspense - ORI .047913
To continue Division of Interests, see Exhibit "B" - Page 2 attached hereto and made a
part hereof.
B 1086 REC 02026736 09/30/85 16: 25 $0. 00 4/006
F 0461 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
EXHIBIT "B" - PAGE 2
MAYERS & COMPANY
MOSER #23-33
LEASE NO. 050484
OWNER
NO. NAME DIVISION OF INTEREST
Working Interests
8881 Mayers & Company .064000
(8% x 313.2/320 x 80%) + (8% x 5.597/320
x 79%) + (8% x 1 .203/320 x 84.652535%)
8880 Baylon Oil Company, Inc. .388000
(48.5% x 313.2/320 x 80%) + (48.5% x 5.597/320
x 79%) + (48.5% x 1 .203/320 x 84.652535%)
9963 *Mayers & Company F/A/O .016000
Cottonwood Ventures
(2% x 313.2/320 x 80%) + (2% x 5.597/320
x79%) + (2% x 1 .203/320 x 84.652535%)
9964 *Mayers & Company F/A/O .016000
Brad Kirchner
(2% x 313.2/320 x 80%) + (2% x 5.597/320
x 79%) + (2% x 1 .203/320 x 84.652535%)
9965 *Mayers & Company F/A/O .024000
The Lenkay Company
(3% x 313.2/320 x 80%) x 3% x 5.597/320
x 79%) + (3% x 1 .203/320 x 84.652535%)
9966 *Mayers & Company F/A/0 .016000
Decker Trading Company
(2% x 313.2/320 x 80%) + (2% x 5.597/320
x 79%) + (2% x 1 .203/320 x 84.652535%)
9968 *Mayers & Company F/A/0 .008000
Thomas C. Mayers III
(1% x 313.2/320 x 80%) + (1% x 5.597/320
x 79%) x (1% x 1 .203/320 x 84.652535%)
9969 *Mayers & Company F/A/O .040000
Blair E. Thomas
(5% x 313.2/320 x 80%) + (5% x 5.597/320
x 79%) x (5% x 1 .203/320 x 84.652535%)
9970 *Mayers & Company F/A/O .008000
T. Phillip Webb
(1% x 313.2/320 x 80%) x (1% x 5.597/320
x 79%) x (1% x 1 .203/320 x 84.652535%)
9971 *Mayers & Company F/A/O .008000
Rose Baylon
(1% x 313.2/320 x 80%) x 1% x 5.597/320
x 79%) x (1% x 1 .203/320 x 84.652535%)
9972 *Mayers & Company F/A/O .040000
William H. Kindel
(5% x 313.2/320 x 80%) x (5% x 5.597/320
x 79%) x (5% x 1 .203/320 x 84.652535%)
9967 *Mayers & Company F/A/O .008000
Ruth J. Bryer
(1% x 313.2/320 x 80%) + (1% x 5.597/320
x 79%) + (1% x 1 .203/320 x 84.652535%)
To continue Division of Working Interests , see Exhibit "B" - Page 3 attached hereto
and made a part hereof.
B 1086 REC 02026736 09/30/85 16: 25 $0.00 5/006
F 0462 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
EXHIBIT "B" - PAGE 3
MAYERS & COMPANY
MOSER #23-33
LEASE NO. 050484
OWNER
NO. NAME DIVISION OF INTEREST
Working Interests (Continued)
9973 *Mayers & Company F/A/0 .008000
Daniel P. Barbiero
(1% x 313.2/320 x 80%) + (1% x 5.597/320
x 79%) + (1% x 1 .203/320 x 84.652535%)
9974 *Mayers & Company F/A/O .008000
Dennis R. Greensage
(1% x 313.2/320 x 80%) + (1% x 5.597/320
x 79%) + (1% x 1 .203/320 x 84.652535%)
9975 *Mayers & Company F/A/O .008000
Joe E. Dossey
1% x 313.2/320 x 80%) + (1% x 5.597/320
x 79%)+ (1% x 1 .203/320 x 84.652535%)
9976 *Mayers & Company F/A/0 .016000
Gary McGill
(2% x 313.2/320 x 80%) + (2% x 5.597/320
x 79%) + (2% x 1 .203/320 x 84.652535%
9977 *Mayers & Company F/A/O .016000
John R. Andrews
(2% x 313.2/320 x 80%) + (2% x 5.597/320
x 79%) + (2% x 1 .203/320 x 84.652535%)
6152 C. K. Adams .056000
(7% x 313.2/320 x 80%) + (7% x 5.597/320
x 79%) + (7% x 1 .203/320 x 84.652535%)
9978 *Mayers & Company F/A/0 .020000
Irl N. Stalcup
(2.5% x 313.2/320 x 80%) + (2. 5% x 5.597/320
x 79%) + (2.5% x 1 .203/320 x 84.652535%)
9979 *Mayers & Company F/A/0 .016000
ETAP Enterprises, Inc.
(2% x 313.2/320 x 80%) + (2% x 5.597/320
x 79%) + (2% x 1 .203/320 x 84.652535%)
9980 *Mayers & Company F/A/0 .016000
John Sommer
(2% x 313.2/320 x 80%) + (2% x 5.597/320
x79%) + (2% x 1 .203/320 x 84.652535%)
*Proceeds paid to Mayers & Company F/A/O each owner is in accordance
with the terms of the Operating Agreement dated March 4, 1985,
Article 15.
B 1086 REC 02026736 09/30/85 16: 25 $0. 00 6/006
F 0463 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
VAYERS£COVPA\Y
ENERGY DIVISION
August 29, 1985
To: Moser 23-33 Royalty Interest Owners
Good morning,
Mayers & Company is happy to report to you that the Moser 23-33
well has been successfully completed and for its first 30 days of
production averaged a gas/oil equivalent of approximately 120
barrels of oil per day ! As Operator , Mayers & Company has
prepared the necessary title opinion for Division Order purposes.
We have provided the necessary documentation to the purchasers of
the products allowing them to prepare Division Orders.
Enclosed you will find two (2) Division Orders. One is for the
sale of crude oil to Bountiful Corporation. The second is for
the sale of gas to Natural Gas Associates.
In each case you are provided with a duplicate copy for your
records. You are requsted to take the following action.
1. Read the respective Division Order and confirm that the
information as it pertains to you is complete and accurate.
2. Sign each copy on the appropriate line.
3. Have a witness also sign the Division Order on the
appropriate line.
4. Insert your social security number or tax i.d. number in the
space provided.
5. Complete your current mailing address in the space provided.
6. If your interests are subject to deeds of trust , the
purchasers request that you obtain subordination agreements
and indicate on the Division Orders to whom proceeds should
be paid.
7 . When both Division Orders (the one for Bountiful, and the one
for Natural Gas Associates) have been completed, please place
in the envelope provided for return to our office.
Mayers & Company will gather all the necessary completed copies
of the Division Order and deliver to the appropriate purchaser as
soon as possible . We have been promised that if the above
actions will allow us to deliver the completed copies by Tuesday,
September 10 , then you will receive a check for your share by the
end of September.
5500 South Syracuse Circle
Woodside Plaza Suite 118
Englewood.Colorado 80111
(303)740-7054
VAYERS£COVPA\Y
ENERGY DIVISION
Thank you for your attention to this necessary administrative
step. It is clearly in your best interests to complete these
papers as rapidly as possible. As Operator we will do everything
possible to get you a check in the month of September.
Thank you again for your cooperation . We seem to have an
exceptionally productive well to benefit all interested parties.
If you have any questions that we may address for you, please
call me at your convenience.
Si a y,
Law - - ce M. Mayers
Pr -s dent
5500 South Syracuse Circle
Woodside Plaza.Suits 118
Englewood.Colorado 80111
13031740-7054
Hello