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HomeMy WebLinkAbout880492.tiff / ., - N ---,. // v (_) U, // - 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 Transcontinent Oil Company, and WHEREAS, said lease covers land more particularly described as follows: Township 5 North, Range 64 West Section 13 : WINE* Weld County, Colorado WHEREAS, Associated Natural Gas 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. 880492 L OP/e,/ - a. eC. a,,,71-/g/m7 1" Page 2 RE : GAS 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 27th day of June , A . D . , 1988 .‘171a4;3 BOARD OF COUNTY COMMISSIONERSATTEST : WELD COUNTY , COLORADO Weld County C erk and Recorder EXCUSED and Clerk to the Board Gene R . Brantner , Chairman EXCUSED • C . W . Kirby , Pro - Tem Deputy County lerk \x's\bei _ ! -- �L! ,• APPROVED AS TO FORM : J . que '��� e ,� • '� spn 6tr -"Y ounty Attorney t -. ,4944: - Frank amaguchi 880492 P 755 L13 9 789 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL -+ %97)` - 244-0/y/ items 3 DIVISION ORDER DEPARTMENT • SENDER : Complete items 1 and 2 when additional services are desired, and complete GAS , INC . and 4. n this ASSOCIATED NATURAL Put your address in the " RETURN TO " Space on the reverse side. Failure to do this will prevent BOX 5493 card from being returned to you . The return receipt fee will provide you the name of the person P . O . delivered to and the date of delivery. For additional fees the following services are available. Consult DENVER , CO 80217 postmaster for fees and check box ( es) for additional service( s) requested . 1 . 0 Show to whom delivered, date, and addressee 's address. 2 . ❑ Restricted Delivery T (Extra charge) t T (Extra charge) i? 4 . Article Number Postage S 3 . Article Addressed to : /L7 /iTY I I Certified Fee DIVISION ORDER DEPARTMENT Type of Service : ATURAL GAS , INC . Registered El Insured Special Delivery Fee ASSOCIATED �1 !y: certified EliCOD P . O . BOX 5493 ❑ Express Mail DENVER , CO 80217 Restricted Delivery Fee Always obtain signature of addressee or agent and DATE DELIVERED . Return Receipt showing . , i to whom and Date Delivered 1 5 . Signature — Addressee 8 . Addressee 's Address (ONLY '� ono e ted and fee paid \)5:. ( a, Return Receipt showing to whom , requ s I ) 4. _ t r Date. and Address of Delivery 6 . Signature — Agent cla i 5 TOTAL Postage and Fees S X 2 • ''` Postmark or Date 7 . Date of Delivery ' �r�� cis< 5 • el i E PS Form 3811 , Mar. 1p87 * U.S.G.P.O. 1987-178-268 DOMESTIC RETURN RECEIPT o ill/fle 1- U).. r a. ..., Ct Cf . 6 p.' w 4,42 NY 420441 d e GAS DIVISION ORDER TO : ASSOCIATED NATURAL GAS , INC . P . O . Box 5493 Denver, Colorado 80217 1 `' l i4 Attn : Division Order Department p Lease No . 162.3 Date June 20 , 1988 Plant N N 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 othe proceeds derived from the sale of Gas produced and saved from the Lohr # 13 - 1 lease or unit located ► a 0 in the County or Parish of Weld , State of Colorado more particularly described as follows : )0 til 4j n i-C Township 5 North , Range 64 West o > N Section 13 : W zNE 4 Zn Z a 01 0 txJ w _ a OWNER NO . CREDIT TO DIVISION OF INTEREST DECIMAL 4J Cr) o i-3rn tJ H N z -J r oo SEE ATTACHED EXHIBIT "A " FOR OWNERSHIP LISTING rCO ti a 0 • m Effective 8 AM date of first purchase , and until further notice , you are hereby authorized to take or retain possession tit n 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 O said property(ies) subject to the conditions , convenants and directions set out below : 7d d ►� o FIRST : It is understood that the Gas produced from the above- described property ( ies ) is being sold under that certain Gas Purchase and o Processing Agreement dated January 18 as 1 between Parker & Parsley Petroleum to o as " Seller- and Associated Natural Gas . Inc . as " Buyer' ' , and that all terms an covenants contained therein , and in any amendments . d 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 n be deemed to include casinghead gas . gasoline and all other products which Associated Natural Gas , Inc . receives and /or recovers by O I-' processing from Gas produced from wells on said property( ies ) . . -I., 0 n 0 O t4O 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 AT EST : BOARD OF COUNTY COMMISSIONERS WELD COUNT R. IP:itchitA4-Prt..). BY : 84 - 6000813 4- r • . �c al a � , - -,,. , E 4 - .. ,, By : - 0*%y . irii- t -i Address : P . 0 . Box Deputy County Cl rk Greeley , CO 80632 Address : a Address : ORIGIN / A Original Copy WHITE - Return to ANGI / YELLOW - For your records / PINK - ANGI file copy 4 EOiV/ - a 8 492 gi 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 00/ 100 ( 525 . 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 withheld . THIRD : In the event of any adverse claim of title or in the event title shall not be 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 N N �l o 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 N) O 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 loss . cost . damage . and expense t� which 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 o party from whom payment is withheld severally agrees to indemnify and hold Associated Natural Gas . Inc . harmless of and from all liability N.) 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 Z ~ sums so withheld from payment to said art and deduct all such taxes . interest andpenalties so paid it from any sums owing by it to said Z ►A party , party . 1-11 O hh w C LJ 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 Id copy thereof . shall be furnished to Associated Natural Gas . Inc . Transfer of interest shall be made effective 8 AM on the first day of the Zv calendar month in whicn proper notice is received by Associated Natural Gas . Inc . Associated Natural Gas. Inc . is hereby relieved of any responsibility for determining ; f and when any of the interests hereinabove set forth shall or should revert to or be owned by other parties n co as a result of the completion of discharge of money or other payments from said interests . and the signers hereof whose interests are L' CO affected by such money or other payments , if any. agree to gave 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 tnat 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 O 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, • O\ any overpayment n O z -tom 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 trio 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 , Incas refund obligation nas been finally determined . If any portion of the proceeds derived � o t-+ from the sale of Gas is paid over by Associated Natural Gas . Inc under any order. rule or regulation of the Federal Energy Regulatory d 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 . O N 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. no O w 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 880492 t ,. EXHIBIT " A " Lohr # 1 ,-t w 1623 I' N.) LA) o Owner No . Credit To Division of Interest Decimal tzl 5857 Margaret S . Lohr and 79 . 1 / 80 of 1 / 8 RI . 1235938 Ralph Lohr z 1129 Weld County . 9 / 80 of 1 / 8 RI . 0014062 z rn '71w 22306 Energy Minerals 79 . 1 / 80 of 5 . 5 % ORRI . 0543812 4251 Parker & Parsley 5 . 47867 % of 79 . 1 / 80 of . 0038690 y co Development Partners , L . P . 7 % ORRI plus 5 . 47867 % of . 9 / 80 of 1 / 8 ORRI H n 5862 PDP 88 Drilling Program , 94 . 52133 % of 79 . 1 / 80 of . 8167498 Loo F / A/ O Parker & Parsley 82 % WI plus 94 . 52133 % of Development Partners , L . P . . 9 / 80 of 7 / 8 WI plus N 1-1 a5 . 47867 % of 80 / 80 of 3 / 4 WI 7J al O � t • ;h o � o O W 0 n o O w a 4 !H. , � Hello