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Home My WebLink About891072.tiff RESOLUTION RE: APPROVE TWO GAS DIVISION ORDERS 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 Energy Minerals Corporation, and WHEREAS, said lease covers land more particularly described as follows: Township 5 North, Range 66 West, 6th P.M. Section 33 : S}SW} and NE}SW} Weld County, Colorado WHEREAS, Associated Natural Gas, Inc. , has submitted two Gas Division Orders 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 Orders, copies of which are attached hereto and incorporated herein by reference, and WHEREAS, said Division Orders have 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 Orders on the parcel of land described herein. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the two Gas Division Orders as submitted by Associated Natural Gas, Inc. , P.O. Box 5493, Denver, Colorado 80217, on the hereinabove described parcel of land be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Division Orders. 891072 Page 2 RE: DIVISION ORDERS - ASSOCIATED NATURAL GAS, INC. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of October, A.D. , 1989. � �.�--. t BOARD OF COUNTY COMMISSIONERS ATTEST: 2� WELD COUNTY, COLORADO Weld County Jerk and Recorder and Clerk to the Board C.W i y, irman ( $Y: )DePUtY 2 e R. frantner, Pro-Tem County erk { !1(! APPROVED AS TO FORM: Constance L. Harbert atijGeorge Kenne et County Attorney Gord a 891072 4 ' AR2194125 GAS DIVISION ORDER TO: ASSOCIATED NATURAL GAS, INC. P. O. Box 5493 Denver, Colorado 80217 Attn: Division Order Department Lease No. 1978 Date October 16. 1989 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 SPafler BC J33-13 & J33-14 lease or unit located in the County or Parish of Weld , State of Colorado more particularly described as follows: TOWNSHIP 5 NORTH, RANGE 66 WEST, 6th P.M. Section 33: S15144 OWNER NO. CREDIT TO DIVISION OF INTEREST DECIMAL CEP ATTACHED EXHIBIT "A" FOR OWNERSHIP LISTING W O H CO a HON bG Sol? k Effective 8 AM hate of first pirrha QP , 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: a ti f+ LY FIRST; It is understood that the Gas produced from the above-described property(ies)is being sold under that certain Gay Purchase and C � Processing Agreement dated December 1 . 198 8 , between The Robert Gerrity Canpany as "Seller" and Associated Natural Gas, Inc. as "Buyer', and that all terms and covenants contained therein, and in any amendments, rig H 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 H H be deemed to include casinghead gas. gasoline and all other products which Associated Natural Gas, Inc. receives and/or recovers by Z 0 processing from Gas produced from wells on said property(ies). 0 Co lY All covenants appearing on the reverse side hereof are incorporated herein by reference and the undersigned agree that each shall be deemed and r considered an essential part of this division order in like manner and with the same effect as if printed above our signatures. N a .m. 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. O Owners Sign Below Taxpayer Identification or tc tc Signatures of Witnesses (Enter Mailing Address) Social Security Number o tTEs.T: Weld County Board of Commissioners rr fit/ 84-6000813 By: C.W. Kirby, C airman• t7 Address: P.O. Box 758 � t•-• 0 Greeley, CO 80632 p w Address: - • Address: • ORIGINAL WHITE-Return to ANGI / YELLOW-For your records / PINK-ANGI file copy MIPS 891072 • • 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 001100($25.00)Dollars per month.Associated Natural Gas. Inc.,a1 its option.may deter 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 andior 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 event title shal! not be satisfactory to Associated Natural Gas. Inc at any time during the term of tars Division Order.each of the undersigned agrees to furnish complete abstracts of title and other evidence of title satisfactory tc Associated Natural Gas. Inc and authorizes Associated Natural Gas Inc.to withhold payment.without obirgatron.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 detects in title.or until title snail be made satisfactory to Associated Natural Gas.Inc..Each undersigned party.as to the w 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 Foss.cost.damage and expense which Associated Natural Gas Inc.may suffer or incur on account of receiving and paying said party the proceeds derived from the sale of comNp said Gas.Where Associated Natural Gas.Inc..'pursuant to the provisions hereof.withholds payment,or any part thereof.each undersigned N ce party from whom payment is withheld severally agrees to indemnify and hold Associated Natural Gas.Inc.harmless of and from all liability 'V . for any tax together with all interest and penalties incident thereto. imposed or assessed against.or paid by it on account of the sung or 5 tr sums so withheld from payment to said party,and deduct ail such taxes,interest and penalties so paid it from any sums owing by it to said party z � Z %o FOURTH:The undersigned severally agree to notify Associated Natura;Gas Inc of any change of ownership anc no transfer of interest shall ne binding upon Associated Natural Gas.Inc.until transfer order and the recorded instrument evidencing such transfer or a certified tai copy thereof,shall be furnished to Associated Natural Gas. Inc Transfer of interest shall be made effective B AM on the first day of the p calendar month in which proper notice is received by Associated Natural Gas.Inc.Associated Natural Gas.Inc.is hereby relieved of any responsibility tot determining if and when any of the interests hereinabove set'forth shall or should revert to or be owned by other parties Cl) he as a result of the completion of discharge of money or otner payments from said interests. and the sinners hereof whose interests are ``3 tY affected by such money or other payments. if any agree to give Associated Natural Gas, Inc. notice in writing by registered letter H 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 r cc reason become effective and to furnisn transfer order accordingly and that in the event such notice shall not be received.Associated t-i 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 7C t—' h. 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 Natura!Gas Act or Natural Gas Policy Act of 1978.Associated Natural Gas Inc. O may hold without interest the portion of the proceeds subject to refund unless indemnity satisfactory to Associates Natural Gas. Inc.has been furnisnec.or until Associated Natural Gas.Inc.'s refund obligation has been finally determined.If any portion of the proceeds derived t:1 from the sale of Gas is paid over by Associated Nature!Gas. Inc under any order. rule or regulation of the Federal Energy Regulatory t' ' 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, C 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 C pay in connection with the undersigned's portion of the refund. C7 Cr t\: SIXTH: This Division Order shall become valid and binding upon each and every owner above named upon execution hereof by such C 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 r) c conflict with the provisions of any oil and gas lease covering the above described property(ies),the provisions of this Division Order 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. s • • ,k 891072 - ___ EXHIBIT "A" SPOMER BC J33-13 & J33-14 #1978 Owner No. Credit To Division of Interest " Decimal 1129 .feld County 90 .92125% of 12. 5% RI . 1136516 17975 Louis E. Spomer & Janet M. 9 .07875% of 18 . 75% RI .0170227 Spomer 25531 Energy Minerals Corporation 90 .92125% of 6% ORI .0545527 4003 The Robert Gerrity Company 10% of 81 . 47730% WI .0814770 39773 George Soros 90% of 81 . 47730% WI .7332960 ▪ w O I- F+ N CO iP W O1 t•? w C1 E4 O 2• N Zr a .P 'T1r tU Ccn tr.‘ .Ca p] y o H F+ Z r � tr XH • • .. N • Ln ti tt n 0 ty ✓ O $ o Ito r d n O w O ow • JJ1072r ARaL94b21t GAS DIVISION ORDER TO: ASSOCIATED NATURAL GAS, INC. P. O. Box 5493 Denver, Colorado 80217 Attn: Division Order Department Lease No. 1982 Date September 28, 1989 Plant The undersigned, and each of us, certify and guarantee that we are the legal owners of and hereb warrant the title to our respective interests in the proceeds derived from the sale of Gas produced and saved from the Spatter BC J3. -11 lease or unit located in the County or Parish of Weld , State of Colorado more particularly described as follows: TOWNSHIP 5 NORTH, RANGE 66 WEST, 6th P.M. Section 33: NEaSWq OWNER NO. CREDIT TO DIVISION OF INTEREST DECIMAL SEP ATTACHED EXHIBIT "A" FOR OWNERSHIP LISTING hi to o I-a H r P CO O1 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 xi l] said property(ies) subject to the conditions, convenants and directions set out below: c y' N z � FIRST:It is understood that the Gas pro cad fr the ova-described proper lies)is beingf�ppld uRdef that ce in Gas P r ase and z Processing Agreement dated . 198 between1ne tiO1JPYLGerrity y its as "Seller" and Associated Natural Gas, Inc. as "Buyer", and that all terms and covenants contained therein, and in any amendments, ni extensions.or renewals thereof shall govern and be binding upon the parties hereto in all respects which shall include,but not be restricted C a 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 K' be deemed to include casinghead gas, gasoline and all other products which Associated Natural Gas, Inc. receives and/or recovers by CO !- processing from Gas produced from wells on said properyy(ies). H C H• F Z All covenants appearing on the reverse side hereof are incorporated herein by reference and the undersigned agree that each shall be deemed and a considered an essential part of this division order in like manner and with the same effect as if printed above our signatures. L-0 kiL 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 7C• � date hereof. Owners Sign Below Taxpayer Identification or Slgnaturep.ot Witnesses (Enter Mailing Address) Social Security Number O TCE5T'. • Weld County Board of Commissioners (45444•47( [Y L ;) 84-6000813 '° c By: .W r , Chairman • Address: P.O. Box 758 d Greeley, CO 80632 . c n c Address: Address: ORIGINAL WHITE-Return to ANGI / YELLOW-For your records / PINK-ANGI file copy allan 891072 • 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 it the amount due any owner is less than Twenty-Five and 00/100($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 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 behalf with the proceeds so wrthhe'd THIRD: In the event of any adverse claim of title or in the event title shall not oe 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 o:title satisfactory to Associated Natural Gas.Inc. and authorizes Associated Natural Gas. Inc to withhold payment-without oorrgatror 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 detects in title.or until title shall be made satisfactory to Associated Natural Gas.Inc. Each undersigned part..as t.:the interest of such party hereunder. respectively agrees. In the event suit is filed in any court affecting title to said Gas.either belo-. or atr.r o N to severance.to indemnity and save harmless Associated Natural Gas. Inc against any and all liability for loss cost.damage.and expense v whien Associated Natural Gas.Inc.may suffer or incur on account of receiving and paying said party the proceeds derived from the sale of %o ce 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 indemnity and hold Associated Natural Gas,Inc harmless of and from all liability rr 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 sa.d party >r tv � r 2 L FOURTH:Tne undersigned severally agree to notify Associated Natural Gas Inc of any change of ownership,and no transfer of interest tr re) shall be binding upon Associated Natural Gas.Inc.until transfer order and the recorded instrument evidencing such transfer or a certified 'Q copy thereof,shall be furnished to Associated Natural Gas. Inc. Transfer of interest snail be made effective 8 AM on the first oae of tr•e calendar month in which proper notice is received by Associated Natural Gas.Inc..Associated Natural Gas.Inc.is hereby relieved of any to ie. responsibility lot determining if and when any of the interests hereinabove set forth shall or should revert to or be owned by other parties tom=.. ` as a result of the completion of discharge of money or other payments from said interests.and the signers hereof whose interests are i-I i_ 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 suer r co money or other payments have been completed or discharged.or when any division of interest other than that set forth above shall for any r reason. become effective and to furnish transfer order accordingly, and that in the event such notice shall not be received Associates hr 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. p any overpayment. Q, .r tV FIFTH: If any portion of the proceeds derrved from the sale of Gas is subject to refund under any order,rule or regulation of the Federa! ( Energy Regulatory Commission or the provisions of the Natural Gas Act or Natural Gas Policy Act of 1978.Associated Natural Gas Inc O may hold without interest the portion of the proceeds subject to refund unless indemnity satisfactory to Associated Natural Gas. Inc has O been furnished.or until Associated Natural Gas,Inc.'s refund ooupation has been finally determined.If any portion of the proceeds der.vec t= fir 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 o recover the amount of the refund applicable to the interest of each of the undersigned from future payments.or at Associated Natural Gas. N Int.'s election.it may invoice the undersigned therefore.plus the legal rate of interest Associated Natural Gas.Inc.is or may be required to e) pay in connection with the undersigned's portion of the refund. ptv 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 Order 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. • X10 •• -- - = ti1�Y#r45G�:s+y� r:.:�•i:rc_as:.._ ...w,w-.�.ih�L441�1fL'tue:o.:�dY:.i.�stls. .. _..... ,. ;'''. EXHIBIT "A" SPOMER BC J33-11 #1982 Owner No. Credit To Division of Interest Decimal 1129 .m.*eld County 96 .26625% of 12 . 5% RI .1203328 17975 Louis E. Spomer & Janet M. 3 .73375% of 18 . 75% RI .0070008 Spomer 42059 Harry A. Ells, Jr . 3.73375% of 1.25% ORI .0004667 25531 Energy Minerals Corporation 92. 5325% of 6% ORI .0555195 nyby o 4003 The Robert Gerrity Company 10% of 81 .66802% WI .0816680 CO .1). CD 01 39773 George Soros 90% of 81 .66802% WI .7350122 k n 0 Z za tit: N CA 0 a o [K � H zo r 1/40 x � H N Z a O O P, o [Y a r d o 0 no 8910'72 Attall‘ mEmoRAnDum VII'Dt To File LE 0068 Date October 4 , 1989 COLORADO From Bruce T. Barker, Assistant County Attorney Subject: Gas Division Order for Associated Natural Gas for S}SW} , Section 33 , T5N, R66W Associated Natural Gas, Inc. , has sent Weld County a Gas Division Order dated October 16 , 1989, concerning S}SW} , Section 33, T5N, R66W. The percentage for Weld County is . 1136516 . This number is derived by multiplying 90 .92125 times 12 .5 percent R. I . The 90 .92125 is derived by dividing Weld County' s interest in the minerals located in the S}SW} by 80 acres . Weld County' s interest is 72.737 acres . Of the 80 acres in the S}SW} , 7 .263 acres is leased to the Spomers. That 7 .263 acres is part of the strip of land 10.25 acres in size located in the SW} and deeded to the Denver, Laramie, and Northwestern Railway Company in 1909 by corrected Warranty Deed recorded at Book 311, Page 394, of the records of the Weld County Clerk and Recorder. --IH--H �T � I � e T. Barker Assistant County Attorney BTB:sa Hello