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HomeMy WebLinkAbout890346.tiff RESOLUTION RE: APPROVE TWO OIL DIVISION ORDERS FROM ASSOCIATED TRANSPORT & TRADING COMPANY, 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 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 , Associated Transport & Trading Company has submitted two Oil Division Orders 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 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 Oil Division Orders as submitted by Associated Transport & Trading Company, 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 Orders . 890346 Page 2 RE: OIL DIVISION ORDERS - ASSOCIATED TRANSPORT & TRADING COMPANY The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the day of , A.D. , 1989 . _ � BOARD OF COUNTY COMMISSIONERS ATTEST: '1/4771 rnj WELD COUNTY, COLORADO Weld County Clerk and Recorder < and Clerk to the Board C. y, Ch irman BY: a ne J isoo-Tem Deputyftounty erk APPROVED A TO FORM: ene . Brantner eorge K nn County Attorney Gor o a 890346 AR2176(,7B OIL DIVISION ORDER TO: ASSOCIATED TRANSPORT & TRADING COMPANY Lease No. 50055 P.O. Box 5493 Denver, CO 80217 Date March 15, 1989 c O o U The Undersigned, and each of us, guarantee and warrant that we are the legal owners of our respective interest, • in the proportions hereinafter stated, in all oil, condensate and/or other hydrocarbons produced and saved from the O Moser 34-33 lease, located in Weld County, State of Colorado , described as follows: oP.1 0 TOWNSHIP 5 NORTH, RANGE 67 WEST, 6th P.M. o• w Section 33: S1 I24 0 WEffective at 8:00 A.M. date f„ f4rot sale , and until further written notice, you are authorized to receive all such oil fx production, for your own purchase or for resale, to receive payment therefor, to give credit for all proceeds derived therefrom and pay rn therefor as follows: .. Owner No. Credit To Division of Interest Decimal coa w U Z SEE ATTACHED EXHIBIT "A" FOR OWNERSHIP LISTING H \ w er E om a 03 O kw cw � Z Z N4 N O C.) I:4 cn N !-1 N m 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 oursignatures. 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. S i Social Security# or Tax I.D. Signaturo o}IA ncrle& 4' Signature of Owner Number Chairman, Board of County Commissioners rV, r wsa -"X 84-6000813 , IOW:" • ' Address P.O. Box 758 Cr f'� 1r\ Greeley, Colorado 80632 Address ORIGINAL ORIGINAL - Return to ATTCO COPY- for your files Do/a 890346 The following covenants are also part of this division order and shall be binding upon the above signed and upon his or her successors,legal representatives and assigns. OO FIRST: The word"OIL"as used herein is hereby declared to include,but is not limited to,condensate and all marketable liquid hydrocarbons O produced and saved hereunder.All oil received and purchased hereunder shall be merchantable oil and shall become your property as soon as the same is received into your custody or that of any carrier designated by you.You are not expected to receive oil in definite quantities,nor for fixed N Operiods,nor to provide storage. J Ll SECOND: The oil received and purchased hereunder shall be delivered tab.to any carrier designated by you which gathers and receives said oil, O Sx1 and you agree to pay for such oil to the above signed according to the division of interests herein specified at the price agreed upon between you and the lease operator. 004 V} ra-1 THIRD: Quantities of oil purchased hereunder shall be determined by the method of measurement and computation employed by you or the aAgent designated by you to receive such oil including but not by way of limitation,the gauging of storage tanks using regularly compiled lank tables, o the use of certified truck gauges,and the use of meters or any other reasonably accurate method of measurement and computation.You shall J correct the volume and gravity to a temperature of 60 degrees Fahrenheit and you shall deduct from such corrected volume the full percentages of cr, cc basic sediment,water and other impurities as shown by your test.You may refuse to receive any oil not considered merchantable to you. FOURTH: Payments shall be made monthly for oil received and purchased during the preceding month,by your checks delivered or mailed to the ^� above signed at the address above stated,provided that if,at any time,the monthly payment due the above signed hereunder shall be less than 7. twenty-five dollars($25.00),you may defer such payment,without interest,until the amount payable to the above signed equals or exceeds the sum of twenty-five dollars($25.00).in which event,payment shall be made at the next regular settlement date.You are hereby authorized to withhold CFI a co U from the proceeds of any and all runs made hereunder the above signed's proportionate share of any tax levied and assessed by any governments authority on the oil received and purchased hereunder and to pay the same. f"--- H r 01 FIFTH: The above signed agrees to furnish evidence of title satisfactory to you.Until such evidence is furnished or in the event of any adverse E claim,oil related lien or dispute at any time concerning title in the above described real property or the oil produced therefrom,you may withhold O UI ai payment for oil accruing to the interest or interests affected thereby until you are indemnified to your satisfaction or until such adverse c aim,lien or 5- dispute shall have been fully settled,without liability for interest in either case.If suit is filed affecting the interest of the above signed,written notice CO W thereof shall be given you,at the above address by the above signed,together with a certified copy of the complaint or petition filed.If you are made a to 17.4 party to such proceedings,the above signed agrees to indemnify you against any judgement rendered therein and to reimburse you for any costs, 1/4O attorney's fees or other expenses incurred in connection therewith. r � z N PC4 SIXTH: You will not be responsible for any change of ownership in the absence of actual notice and satisfactory proof thereof.Each signer agrees O to notify you in writing of any change in his or her ownership and agrees that any transfer,assignment,or conveyance of any of his or her interest, ti U � however accomplished,shall be made subject to the division order and effective a[B:00 A.M.on the first day of the calendar month following t e receipt of said notice by you.In the event said written notice is not received by you,you shall be held harmless for error resulting in over or under payment,or wrong payment of any such sum or sums.Should adjustments be necessary you shall have rights to set off any and all individual or joint liabilities the above signed has with you, including but not limited to proceeds from this and other lease interests owned by the above N r i signed. 01 N N SEVENTH: If the above signed is a working interest owner and/or operator,he or she guarantees and warrants that all oil tendered hereunder 0.4 has been or will be produced and delivered in compliance with all applicable federal,state and local laws,orders,rules and regulations. EIGHTH: This order shall bind each interest owner as soon as signed by him or her,whether or not signed by any other owner.All provisions herein contained shall apply to each signer hereof separately and not jointly.This order may be executed in counterparts,all of which together shall constitute one division order.No termination of this order shall be effective without giving thirty(30)days prior written notice.In consideration of the purchase of oil hereunder,consent is given you and any pipe line company which you may cause to connect with the wells and tanks on said land,to disconnect and remove such pipe lines,in case of termination by either you or the above signed of purchases under this division order. 890346 Exhibit "A" o Moser 34-33 0 m O 50055 A a 0 3 Owner No . Credit To Decimal Interest w• al 10145 Bertha A. Binder . 01335833 RI A O• 22031 County, Colorado . 00367303 RI U O1a 22980 Paul Nelson . 01562500 RI tip .. w z 22998 Charlene Nelson . 01562500 RI m u 23000 Ralph Moser . 01335834 RI H 23026 Edith Kirby . 01335833 RI eM ocn a 23034 Harold Moser . 01335833 RI r W • 23042 Donna R. Moser McDaniel . 00667917 RI pow N z 23051 Jerry L . Moser . 00667917 RI rtz N K4 o • 23069 Muriel Jeannette Moser Halley . 01335833 RI Ua W23085 Duane Weber . 00229000 RI N rI 23093 Maudie Weber . 00229000 RI N Ol 23106 Larry Weber . 00229000 RI 23114 Keith Weber . 00229000 RI 26542 Shirley Kammerzell . 00229000 RI 26551 Kirchner Farm Associates . 02500000 RI 32619 Ronald Gerberding and Ann P . Gerberding . 00056391 RI 13725 T. M. McCoy . 00090770 OI 13733 Jo D. Nohre . 00006490 OI 13741 Elizabeth G. Jaques . 00019450 OI 13750 Gene E. Gregg, Jr . . 00019450 OI 893 0o o o 13776 Gordon Duffy . 00194520 OI c o `-) 13784 Kathryn McCarthy . 00019670 OI ow 13792 C. K . Adams . 00029510 OI ° w 13805 Mary Lee Stevenson . 00042080 0I p 13813 Sovereign Oil Company . 00060680 OI ma 13821 M. R . McCoy . 00339930 OI .. w 13830 Cassandra Herbert . 00244687 OI x o, a 13848 Rosita Trujillo . 00364020 OI of NZ 26577 Lawrence M. Mayers . 01624910 OI N H o El 26585 L. Michael Mayers, Jr . . 01624909 OI a co 13792 C. K . Adams . 04800000 WI Lc, 44 Z 26569 Mayers & Company . 04000000 WI - z ` l4 26649 John M. Sommer . 02400000 WI z32635 The Lenkay Company . 02400000 WI m 32651 Blair E. Thomas . 01600000 WI N N '~ 'i 32686 William H . Kindel . 04000000 WI CA w 41241 Tri Petro, Inc. . 02000000 WI 41371 Todd Knause . 00800000 WI 42825 Sierra Energy 1981-2 . 01600000 WI 42833 Ned Mayers . 00400000 WI 5293 Eagle 1985-1 Drilling Program . 56000000 WI 890346 AR2176679 OIL DIVISION ORDER TO: ASSOCIATED TRANSPORT & TRADING COMPANY Lease No. 50054 P.O. Box 5493 Denver, CO 80217 Date Marrh 15. 1981 The Undersigned, and each of us, guarantee and warrant that we are the legal owners of our respective interest, O in the proportions hereinafter stated, in all oil, condensate and/or other hydrocarbons produced and saved from the o MOSER 23-33 lease, located in Weld County, State of O O Colorado , described as follows: J TOWNSHIP 5 NORTH, Range 67 WEST, 6th P.M. 0o 3 Section 33: S1 o rx Ca t s nd until further written notice, you are authorized to receive all such oil Effective at 8r own0 A.M. asA o of first- eceiv9 � production, for your purchase or for resale,to receive payment therefor,to give credit for all proceeds derived therefrom and pay `.1 W therefor as follows: o d, ,b Owner No. Credit To Division of Interest Decimal �. x c..)co SEE ATTACHED EXHIBIT "A" FOR OWNERSHIP LISTING m r Z w c E o W a) t` G. ksj r1 Z � Z N O r4 r4 LYi C d' All covenants appearing on the reverse side hereof are incorporated herein by reference and the undersigned agree that each shall N to 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 �q r o the effective date hereof. Social Security it or Tax I.D. Signature of Witness f Signature of Owner Number Chairman, Board of County Commissioners 84-6000813 It) fc,t P.O. Box 758 Address 1° Greeley, Colorado 80632 Address ^fir Ft's'{,R f G[ ty i 1 t N A L076 ORIGINAL- Return to ATTCO COPY- for your files 99034 The following covenants are also part of this division order and shall be binding upon the above signed and upon his or her successors,legal representatives and assigns. FIRST: The word"OIL"as used herein is hereby declared to include,but is not limited to,condensate and all marketable liquid hydrocarbons produced and saved hereunder.All oil received and purchased hereunder shall be merchantable oil and shall become your property es soon as the same is received into your custody or that of any carrier designated by you.You are not expected to receive oil in definite quantities,nor for fixed periods,nor to provide storage. d' 0 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, 0 C) and you agree to pay for such oil to the above signed according to the division of interests herein specified at the price agreed upon between you and the lease operator. N THIRD: Quantities of oil purchased hereunder shall be determined by the method of measurement and computation employed by you or the O Agent designated by you to receive such oil including but not by way of limitation,the gauging of storage tanks using regularly compiled tank tables, O W the use of certified truck gauges,and the use of meters or any other reasonably accurate method of measurement and computation.You shall p .3 correct the volume and gravity to a temperature of 60 degrees Fahrenheit and you shall deduct from such corrected volume the full percentages of •O L1'. basic sediment,water and other impurities as shown by your test.You may refuse to receive any oil not considered merchantable to you. t/y 7 Ox FOURTH: Payments shall be made monthly for oil received and purchased during the preceding month,by your checks delivered or mailed to the 0 above signed at the address above stated,provided that if,at any time,the monthly payment due the above signed hereunder shall be less than O twenty-five dollars($25.00),you may defer such payment,without interest,until the amount payable to the above signed equals or exceeds the sum O a of twenty-five dollars($25.00),in which event,payment shall be made at the next regular settlement date.You are hereby authorized to withhold from the proceeds of any and all runs made hereunder the above signed's proportionate share of any tax levied and assessed by any governmental .. ,b authority on the oil received and purchased hereunder and to pay the same. lD aFIFTH: The above signed agrees to furnish evidence of title satisfactory to you. Until such evidence is furnished or in the event of any adverse fd claim,oil related lien or dispute at any time concerning title in the above described real property or the oil produced therefrom,you may withhold Cn payment for oil accruing to the interest or interests affected thereby until you are indemnified to your satisfaction or until such adverse claim,lien or c0 dispute shall have been fully settled,without liability for interest in either case.If suit is filed affecting the interest of the above signed,written notice N Z thereof shall be given you,at the above address by the above signed,together with a certified copy of the complaint or petition Iiled.If you are madea N party to such proceedings,the above signed agrees to indemnify P 9 g gyou against any judgement rendered therein and to reimburse you for any costs, E-i attorney's fees or other expenses incurred in connection therewith. O Cr) ix SIXTH: You will not be responsible for any change of ownership in the absence of actual notice and satisfactory proof thereof.Each signer agrees rn ."t- to notify you in writing of any change in his or her ownership and agrees that any transfer,assignment,or conveyance of any of his or her interest, NC however accomplished,shall be made subject to the division order and effective at 8:00 A.M.on the first day of the calendar month following the xp receipt of said notice by you.In the event said written notice is not received by you,you shall be held harmless for error resulting in over or under f` Z payment,or wrong payment of any such sum or sums.Should adjustments be necessary r-I zyou shall have rights to set off any and all individual orjoint a' liabilities the above signed has with you, including but not limited to proceeds from this and other lease interests owned by the above O signed. P4 Ix W SEVENTH: If the above signed is a working interest owner and/or operator,he or she guarantees and warrants that all oil tendered hereunder C4X has been or will be produced and delivered in compliance with all applicable federal, state and local laws,orders, rules and regulations. T N H EIGHTH: This order shall bind each interest owner as soon assigned by him or her,whether or not signed by any other owner.All provisions herein cr,-I contained shall apply to each signer hereof separately and not jointly.This order may be executed in counterparts,all of which together shall constitute one division order.No termination of this order shall be effective without giving thirty(30)days prior written notice.In consideration of the P7 1Z purchase of oil hereunder,consent is given you and any pipe line company which you may cause to connect with the wells and tanks on said land,to disconnect and remove such pipe lines,in case of termination by either you or the above signed of purchases under this division order. 890346 Exhibit "A" Moser 23-33 50054 Owner No . Credit To Decimal Interest 10145 Bertha A. Binder . 01335834 RI 22031 d County, Colorado . 00367303 RI 22980 Paul Nelson . 01562500 RI 22998 Charlene Nelson . 01562500 RI 23000 Ralph Moser . 01335834 RI 23026 Edith Kirby . 01335834 RI 23034 Harold Moser . 01335834 RI 23042 Donna R. Moser McDaniel . 00667917 RI o O 23051 Jerry L . Moser . 00667917 RI M O 23069 Muriel Jeannette Moser Halley . 01335833 RI a 23085 Duane Weber . 00229000 RI oo . 23093 Maudie Weber . 00229000 RI o v} W a 23106 Larry Weber . 00229000 RI O w 23114 Keith Weber . 00229000 RI orz a 26542 Shirley Kammerzell . 00229000 RI w 26551 Kirchner Farm Associates . 02499997 RI m 32619 Ronald Gerberding and Ann P . Gerberding . 00056391 RI r Z .-I H w 13725 T. M. McCoy . 00090770 OI om w 13733 Jo D. Nohre . 00006490 OI m o Lo w 13741 Elizabeth G. Jaques . 00019450 OI Z 13750 Gene E. Gregg, Jr . . 00019450 OI N • 13768 Gene E. Gregg . 00110230 OI w x 13776 Gordon Duffy . 00194520 OI m N ri NCI 13784 Kathryn McCarthy . 00019670 OI M r`' 13792 C. K . Adams . 00029510 OI 13805 Mary Lee Stevenson . 00042080 OI 13813 Sovereign Oil Company . 00060680 OI 13821 M. R. McCoy . 00339930 OI 13830 Cassandra Herbert . 00244687 OI 13848 Rosita Trujillo .00364020 OI 26577 Lawrence M. Mayers . 01624909 OI 890346 26585 L. Michael Mayers, Jr . .01624910 GI 13792 C. K . Adams . 05600000 WI 26569 Mayers & Company . 06400000 WI 26622 ETAP Eterprises, Inc. . 01600000 WI 26631 Bradley B. Kirchner .01600000 WI 26649 John M. Sommer .01600000 WI 32635 The Lenkay Company . 02400000 WI 32643 Thomas C. Mayers, III . 00800000 WI 32651 Blair E. Thomas . 04000000 WI 32660 T. Phillip Webb . 00800000 WI Q `Oy32678 Rose Baylon .00800000 WI r O . 2686 William H . Kindel . 04000000 WI U O 32694 Ruth Bryer . 00800000 WI ow 32707 Daniel P . Barbiero . 00800000 WI o 4"). 5.1 • 32715 Dennis R . Greensage .00800000 WI 0 • 32723 Joe E. Dossey . 00800000 WI 0 - ,a 32731 Gary McGill . 01600000 WI H .may • 32740 John K . Andrews . 01600000 WI O a C° U 41241 Tri Petro, Inc. . 02000000 WI • z w 1849 Robert B. Decker Family Trust . 01600000 WI �r H o Cr) % 37241 Mid Atlantic Drill Program ' 84 . 38800000 WI rn p N w 8596 Robert M. Kirchner .01600000 WI • Z z N Q,' Q7.1 • w 90346 SHEPLER & THOMAS, INC. P.O. Box 2164 Evergreen, Colorado 80439 303/674.3503 FAX 303/674-8567 Dear Interest Owner : Enclosed you will find a division order (s) for a well or wells in which you have an interest . Effective March 1 , 1989 , we have elected to sell oil from these wells to Associated Transport & Trading Company. Associated Transport & Trading Company is an affiliate of Associated Natural Gas , Inc . , the company purchasing gas from these wells . Please review the enclosed division order ( s ) and , if correct , promptly sign and return to Associated Transport at the address shown on the division order . This will insure continued payment without interruption. If you have any questions please do not hesitate to contact us . Yours truly, /SHEPLER & THOMAS , INC . •/ , / N'� ev�„ ,/ /""C William R. Bell Vice President WRB/arm 89€ 346 Hello