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Home My WebLink About861116.tiff RESOLUTION RE: APPROVE GAS DIVISION ORDER FROM MGF OIL CORPORATION, SUITE 900 , COLUMBINE PLACE, 216 16TH STREET MALL, DENVER, COLORADO 80202-5123 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 MGF Oil Corporation, and WHEREAS, said lease covers land more particularly described as follows: Township 4 North, Range 61 West, 6th P.M. Section 32: North � Weld County, Colorado WHEREAS, MGF Oil Corporation 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 MGF Oil Corporation , Suite 900 , Columbine Place , 216 16th Street Mall, Denver, Colorado 80202-5123 , 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. A.. 861116 Page 2 RE: DIVISION ORDER - MGF OIL CORP. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of November, A.D./,� 1986. ATTEST: i Ou vt1ex � WELD BOARDCOUNT OF Y,COLOR UNTY COMMISSIONERS DO Weld County Clerk and Recorder � -\ \ and Clerk to the Board Ja qu . Jason , airman cg paN-rr_tt-, ( ) Go d cy, ` -:' ✓-m eputy County lerk Ii APPROVED AS TO FORM: ene R. Brantner EXCUSED DATE OF SIGNING- AYE CMC/IL C,W. Irby County Attorney rney (. i;2Z` illf'f7�/�'/��22��/�'/ t Frank Yamagy� O 861116 AR20777b11 -- Mt XA GAS DIVISION ORDER IMFLEASE# 403079-0 T O• OIL CORPORATION DATE October 28, 1986 guarantee and warrant that we are the legal owners of our respective interests]dythtAVI*KAIt lbli in the proceeds derived The undersigned,and each of us, g . � Irom the sale of gas from the MGF Hooper #11 -32 lease or unit located in the County or Parish of ___ Weld _, state of Colorado described as: Township 4 North, Range 61 West, 6th P.M. Section 32: North 1/2 Eltective Al ?AK)A.M. ___ _tbZtld)WNd August 1 , 1986 for gas, and until further written notice, you are authortsvd to sell .a d deliver to the purchaser the production from the wells located on said lands and to collect all the proceeds from the purchaser and to distribute and pay such proceeds(less any applicable processing,transportation or other charges necessary to the marketing of such production,and any tax levied and assessed by any governmental authority)to the respective owners as shown and in the proportions as follows: ` CREDIT TO _— OWNER NO. DIVISION OF INTEREST DECIMAL 94740 Weld County 160/320 of 1/8 RI .0625000 82100 Eirene G. Shields and 1/6 of 160/320 of 1/8 RI .0104167 J. Vincent Shields, as Tenants in Common 82100 Eirene G. Shields and 5/6 of 160/320 of 1/8 RI .0520833 J. Vincent Shields , as Joint Tenants 53460 MGF Oil Corporation 15/16 of 7/8 WI .8203125 77750 A. A. Rippy & Bonnie J. .0546875 Rippy, as Joint Tenants 1/16 of 7/8 WI B 1136 00 FEC MARY O ANN7FEUERSTEIN/86 CLERKI&36 RECORDER WELD 1/002 WELD CO, F CO F 0163 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 No. or Stgriatures of Witnesses (Enter Mailing Address) Social Security Number ATTEST: s. "'lllt Weld County • � 84-6000-813 + ' Chaff n 758 ( • . cAddr ..__I — 1O - eputy .InkcY( I ' a Greeley, Colorado 80632 Address: -____ Address:Address:.-- -- ORIGINAL • ,s sr r, pp p+t The following covenants are also a pan of this division order and shall become valid and binding upon the undersigned,and upon the sue sloes#e`aligeptesen- tatives and assigns of the undersign's interest, without regard to whether any other interest owners have so signed. FIRST: The word "OIL"as used herein is hereby declared to include,but is not limited to.condensate and all liquid hydrocarbons produced and saved hereunder.The word"GAS"as used herein is hereby declared to include,but not limited to,all gaseous substances including oil well gas(casinghead gas)produced and sold hereunder. SECOND: Oil shall become the property of the purchaser,or its designated carrier or agent, upon actual delivery. The oil shall be computed for 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 the rules and regulations prescribed by any governmental authority having jurisdiction in the premises. If purchased by you,settlement shall be based upon your posted or quoted price per barrel(42 U.S. gallons)in effect on delivery date of oil of the kind and quality for the field where produced. You � are authorized to reduce such price by any charges for transporting oil by pipeline,truck and/or barge and any treating costs which,in your or the purchaser's opinion, `q - to are necessarymake the oil merchantable. If oil is sold by you to another purchaser,settlement shall be based on the net proceeds realized at the well from such k sale, after deducting any costs for transporting or treating oil for delivery.• `` • The oilproduced from the lease or unit may be metered off the lease,Should the oil produced from any formation under this property be commingled with other Oil,whether such other oil he produced from one or more formations having different ownership under this property or under any other lands,the commingl- ed oil sold hereunder,spell tie deemed to be the interest of the undersigned in that portion of the total commingled oil delivered which is allocated to this property on the basis of the formulaprescribed by the operators of the leases covering the formations or tracts of land involved and the data supplied to you with respect thereto, and you are authorized to accept such information, rely upon the same and make settlement hereunder on the basis of the quality and gravity of such commingled oil so allocated. THIRD: Settlement for gas sold shall be made in accordance with the terms of any present or future gas sale contract covering gas from this property,after deducting any cost incurred in compressing,treating,transporting and/or dehydrating the gas for delivery.Where the gas is sold subject to price regulation by govern- mental authority,the basis for determining net proceeds realized or market value at the well hereunder shall not exceed the price approved by such authority,provided that if a refund of a portion of the proceeds derived from the sale of the gas may be required under any statute order, rule or regulation of the governmental body having jurisdiction thereof,the price for gas shall be calculated on the basis of the unsuspended and/or unconditional price for such gas.You are authorized to bold, without interest,the portion of proceeds subject to possible refund until the amount of the refund, if any, is finally determined. If any refund is required, you are authorized to make such refund out of the proceeds withheld by you pursuant to this paragraph.In the event you may make,or have made,payments to the undersigned which are held to be subject to a refund,as consideration for your making such payments,the undersigned agrees to make prompt repayment of all such refund amounts, interest and other charges from subsequent payments due to the undersigned or from other sources. FOURTH: Payment shall be made monthly by check mailed to the undersigned at the address or addresses stated,for our respective interests in the net proceeds received by you for the oil production and/or gas sales; provided that if,at any time,the payment due on ow respective interests shall be less than twenty dollars ($20.00)you may defer such payment, without interest, until such amount payable equals or exceeds the sum of twenty dollars($20.00)in which event, payment shall be made at the next regular settlement date of in any event the payment shall be made with the last remittance for the applicable calendar year. You are hereby authorized to withhold from the proceeds of any and all sales made hereunder,each interest owner's proportionate share of any tax levied and assessed by any govern- . mental authority on the production sold and purchased hereunder and to pay the same on our behalf. FIFTH: Satisfactory abstract or other evidence of title will be furnished to you at any time upon demand.Upon failure to furnish such evidence of title if requested,or lathe 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 production sold and purchased hereunder until you have been furnished with an indemnification commitment satisfactory to you or competent evidence that such claim or controversy has been settled. In the event any action or suit is filed in which an undersigned owner is a party and which affects title to either the real property described herein or to the production therefrom,written notice thereof shall be immediately furnished to you stating the court and court action number under which it is filed. The undersigned agrees to hold you harmless and to protect and indemnify you against any and all loss,cost, expense or liability which may arise from such suit. SIXTH: 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 properly executed division or transfer order together with proof satisfactory to you evidencing such transfer or change in the right to receive payments hereunder.You are hereby relieved of any and all liability for payments made prior to receipt of a properly executed transfer order and a certified or recorded copy of the instrument of transfer. You shall have no responsibility for determining if and when any interest stated shall or should terminate, revert to or become vested in other parties. Any of the undersigned whose interests terminate, revert or become vested in other parties, shall deliver to you notice in writing upon the occurrence of such termination, reversion,or vesting of ownership to other parties,and shall execute transfer orders properly evidencing such occurrence. SEVENTH: This division order shall remain in full force and effect until cancelled by any party hereto upon giving thirty(30)days written notice in advance of any such cancellation which notice shall be mailed to the respective parties at the addresses shown herein. Cancellation by any interest owner or owners shall not be effective as to the interest of any other owner. The provisions hereof shall be binding upon and inure to the benefit of all parties who execute this instrument, their heirs,successors,and assigns,whether or not all owners listed above execute same.A counterpart hereof may be executed by any party or parties and all counter- parts so executed shall be considered as one original instrument. EIGHTH: If all or any pan of the above described property is included in a pooled unit hereafter,then as to each undersigned party who has agreed to or is bound by such unit,this division order shall cover and be applicable to the unitized minerals which, in accordance with the terms of the instrument or instruments pursuant to which such unit has been established,are allocated to the above described property,and payment hereunder to such undersigned party shall be computed on such allocated minerals in accordance with the interest credited to such party herein. B 1136 REC 02077769 11/20/86 11 : 36 $0. 00 2/002 F 0164 MARY ANN FEUERSTEIN CIE RR & RECORDER WELD CO, CO ,,,,•.. ,i, „ b Dcu , -,s, -2ii� 1r-j - OIL CORPORATION ROCKY MOUNTAIN DIVISION itr1 t O ," g Suite 900 • Columbine Place • 216 Sixteenth Street Mall • Denver,Colorado 80202-5123 • (303) : '" _ ',ftllkFl,cY, �tl-© October 28, 1986 Weld County 915-10th Street Greeley, Colorado 80632 Is: Hooper #11-32 Weld County, Colorado Gentlemen; Please be advised that effective August 1, 1986 HOP Oil Corporation will be disbursing gas revenue for the above captioned well. I have enclosed for your execution our gas division order. Please review the document and if you are in agreement sign in the space provided being sure y signature has been witnessed and/or attested by two parties. Also please insert your Social Security and/or Tax Identification Number is the space p : bled sad verify that your address as shown is to where payments should be a . The original should be returned to this office and the copy retained for you files. If you have any $estions, please give me a call. Very truly yours, NO OIL CORPORATION C—:>4n.AATA Uial0---C----, Lynn A. Tibbs Division Order Analyst Enclosure: /LAT 861116 1 i ,,,'© -777 Hello