HomeMy WebLinkAbout850013.tiff RESOLUTION
RE: APPROVE GAS DIVISION ORDER FROM NATURAL GAS ASSOCIATES , 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 : Sk
Weld County, Colorado
WHEREAS, Natural Gas Associates has submitted a Gas 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 Gas Division
Order as submitted by Natural Gas Associates, 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.
iiu
ciOnog 850013
Page 2
RE: GAS DIVISION ORDER - NATURAL GAS ASSOCIATES
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.
BOARATTEST: � ' IQ u� (�tn� � p q COUNTY,WELD D OF Y UNTY SSIONERS
Weld County Clerk and Recorder
and Clerk to the Board J e Jo ns n, Chairman C13-114 (f�j�� �j Gene R. Brantn,�r, ro-Tem
eputy County C rTe k �
APPROVED AS TO FORM: C.W. Ki
Go A41,County Attorney
y
Frank Yamagu
AR2U26735
GAS DIVISION ORDER
TO: NATURAL GAS ASSOCIATES
P.O. Box 5493
Denver, Colorado 80217
Attn: Division Order Department Lease No. 543
Date August 21, 1985
Plant Kersey
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 Moser 21-3_3_ lease or unit located
in the County or Parish of Weld _, State of Colorado
more particularly described as follows:
Township 5 North, Range 67 West, 6th P.M.
Section 33: S1
Containing 320 acres, more or less
OWNER NO. CREDIT TO DIVISION OF INTEREST DECIMAL
Z2331 Weld County, Colorado 21% x 5.597/320 .00367303
•
B 1086 REC 02026735 09/30/85 16: 24 $0.00 1/002
F 0456 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
date of first purchase
Effective 8 AM _, 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:
FIRST: It is understood that the Gas produced from the above-described property(ies)is being sold under that certain Gas Purchase and
Processing Agreement dated October 1 Orb , 198 ._, between Mayers & Company
as"Seller"and Natural Gas Associates as"Buyer",and that all terms and covenants contained therein,and in any amendments,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 be
deemed to include casinghead gas,gasoline and all other products which Natural Gas Associates receives and/or recovers by processing
from Gas produced from wells on said property('es).
All covenants appearing on the reverse side hereof are incorporated herein by reference and the undersigned agree that each shall be deemed and consid-
ered 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
SIgnatura4 oftt es (Enter Mailing Address) Social Security Number
« t• Chairman
Board of Coun Commissioners
•
AriES t.tPiw. 84-6000813
,
r n/ ,J Address: P.O. Box 758
De
Greeley, CO 80632
Address:
Address:
YOUR COPY
SECOND: Payments are to be made monthly by checks of Natural Gas Associates 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($25.00)Dollars per month,
Natural Gas Associates,at its option, may defer the making of such payment until such time as the aggregate amount due exceeds said
sum. The undersigned authorize Natural Gas Associates 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 Natural Gas Associates 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 Natural Gas Associates and authorizes Natural Gas Associates to withold payment,without obligation to pay interest on the amount so
withheld,until satisfactory indemnity shall be furnished to Natural Gas Associates against such adverse claims or any such defects in title,
or until title shall be made satisfactory to Natural Gas Associates.Each undersigned party,as to the 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
Natural Gas Associates against any and all liability for loss.cost, damage,and expense which Natural Gas Associates may suffer or incur
on account of receiving and paying said party the proceeds derived from the sale of said Gas. Where Natural Gas Associates, pursuant
to the provisions hereof, withholds payment,or any part thereof,each undersigned party from whom payment is withheld severally agrees
to indemnify and hold Natural Gas Associates harmless of and from all liability 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 by it from any sums owing by it to said party.
FOURTH: The undersigned severally agree to notify Natural Gas Associates of any change of ownership,and no transfer of interest shall
be binding upon Natural Gas Associates until transfer order and the recorded instrument evidencing such transfer,or a certified copy thereof,
shall be furnished to Natural Gas Asssociates. Transfer of interest shall be made effective 8 AM on the first day of the calendar month
in which proper notice is received by Natural Gas Associates.Natural Gas Associates is hereby relieved of any responsibility for determining
if and when any of the interests hereinabove set forth shall or should revert to or be owned by other parties as a result of the completion
or discharge of money or other payments from said interests,and the signers hereof whose interests are affected by such money or other
payments, if any, agree to give Natural Gas Associates notice in writing by registered letter addressed to Natural Gas Associates, 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 reason, become effective and to furnish transfer
order accordingly, and that in the event such notice shall not be received, Natural Gas Associates shall be held harmless in the event of,
and is hereby released from any and all damage or loss which might arise out ot, any overpayment.
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 Natural Gas Act or Natural Gas Policy Act of 1978, Natural Gas Associates may
hold without interest the portion of the proceeds subject to refund unless indemnity satisfactory to Natural Gas Associates has been furnished,
or until Natural Gas Associates' refund obligation has been finally determined. If any portion of the proceeds derived from the sale of Gas
and paid over by Natural Gas Associates 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,Natural Gas Associates is authorized to recover the amount of the refund applicable
to the interest of each of the undersigned from future payments,or at Natural Gas Associates' election, it may invoice the undersigned
therefore, plus the legal rate of interest Natural Gas Associates is or may be required to pay in connection with the undersigned's portion
of the refund.
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.
B 1086 REC 02026735 09/30/85 16: 24 $0. 00 2/002
F 0457 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
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