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Home My WebLink About860965.tiff RESOLUTION RE: APPROVE GAS DIVISION ORDER FROM LYCO ENERGY CORPORATION, 12770 COIT ROAD, SUITE 615 , DALLAS, TEXAS 75251 , 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 Wichita Industries, Inc. , and WHEREAS, said lease covers land more particularly described as follows: Township 5 North, Range 64 West, 6th P.M. Weld County, Colorado Section 6: E/2 SW/4 WHEREAS, Lyco Energy 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 Lyco Energy Corporation, 12770 Coit Road, Suite 615 , Dallas, Texas 75251 , 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. 2 2 Gr '.E_ 860965 Page 2 RE: GAS DIVISION ORDER - LYCO ENERGY CORP. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of October, A.D. , 1986` pn .. BOARD OF TY ATTEST: 6MAA444, c WELD COUNTYt,N COMMISSIONERS COLORADO ` Weld County Clerk and Recorder and Clerk to the Board Ja.que < .e •r, s.n, Cb irman GOro''fl D puty County C rk APPROVED AS TO FORM: Gene R. Bran ner C. Riy / County Attorney EXCUSED DATE OF SIGNING - AYE Frank Yamaguchi 860965 AK2072244 GAS DIVISION ORDER TO: LYCO ENERGY CORPORATION EFFECTIVE DATE: July 3, 1986 12770 Coit Road Suite 615 Dallas, Texas 75251 Each of the undersigned certifies and guarantees that he is the legal owner of, and hereby warrants title to, his respective interest as set forth opposite his name on Exhibit "A" attached hereto and made a part hereof, in the natural gas, including gas condensate and natural gas o0 liquids (hereinafter collectively referred to as "gas") , produced and o saved from the Silva No. 1 Well, located in Weld County, State of Colorado, described as U Township 5 North, Range 64 West, 6th P.M. Weld County, Colorado co 3 Section 6: E/2 SW/4 • P4 containing 77.751 acres, more or less o Until further written notice, Lyco Energy Corporation (hereinafter O called "Lyco") is hereby authorized to account to each of the undersigned W for his interest in said gas in accordance with the division of interest a which is set out herein, subject to the following terms and conditions: FIRST: Settlement hereunder shall be made on the basis of the r4 proceeds derived from sales of such gas and upon the volume computation t • made by the purchaser (s) thereof. coU 2 SECOND: Payment hereunder shall be made by mailing a Lyco check to hi each of the undersigned at the address given. The undersigned authorizes o E Lyco to withhold from the proceeds of the sale of any and all gas referred ticn w to herein the amount of any tax placed thereon, or on the production d a thereof, by any governmental authority, and to pay the same on behalf of wthe undersigned. 0 Z THIRD: If a refund of any portion of the proceeds derived from the N sale of gas may be required under any order, rule or regulation of the Federal Energy Regulatory Commission or under the Natural Gas Policy Act a of 1978 or any successor governmental or Federal Regulatory Agency, Lyco P4 may hold without interest the portion of the proceeds subject to refund o v until indemnity satisfactory to Lyco has been furnished or until Lyco's el Lel refund obligation has been finally determined. If at any time a refund ✓+ '~ of a portion of the proceeds derived from the sale of gas which has been R7 Ga paid the undersigned is required under any order, rule or regulation of the Federal Energy Regulatory Commission or under the Natural Gas Policy Act of 1978 or any successor governmental or Federal Regulatory Agency, Lyco may recover said refund by deduction from future payments, or at Lyco's discretion, may invoice the undersigned interest, plus the legal rate of interest Lyco is required to pay applicable to the undersigned's portion of the refund. FOURTH: If the sale of gas is made other than at the well or at the lease separator, then the proceeds to which this Division Order shall apply shall be the net proceeds after deduction of transportation, compression, gathering, dehydrating, and other costs properly incurred in connection with the making of such sale. FIFTH: The undersigned agrees to furnish to Lyco satisfactory evidence of title when demanded. In the event of claim, controversy or suit which in the opinion of Lyco affects title to the interests of any of the undersigned in the above-described land or to the share of the gas produced therefrom or to the proceeds from the sale of such gas, Lyco may hold, without interest, the amount credited to the undersigned who is affected thereby until such title has been made acceptable to Lyco. The undersigned agree to settle direct with all parties who may now own or may hereafter establish ownership of an interest in the premises herein described, and the undersigned hereby agree to indemnify and hold Lyco RETAIN THIS Cr FOR YOUR F' harmless against all and every loss, charge, or expense of any kind whatsoever which Lyco may suffer or incur by or on account of having paid the undersigned for 100% of the runs under this Division Order attrib- utable to the interest set forth herein. SIXTH: The undersigned agree to notify Lyco in writing of any o U changes of ownership; and no transfer of interest shall be binding upon Lyco until a Transfer Order and the recorded instrument evidencing such NO transfer or certified copy thereof shall be furnished to Lyco Energy Corporation, 12770 Coit Road, Suite 615, Dallas, Texas 75251. Any C] transfer of interest shall be made effective on the first day of the o O 3 calendar month following receipt of such notice to Lyco. Lyco is hereby relieved of any responsibility for determining if and when any of the • Winterests herein set forth shall or should revert to or be owned by other a parties as a result of the completion or discharge of money or other c) payments from said interest; and the signers hereof whose interests are • CC affected by such money or other payments, if any, agree to give Lyco notice in writing when any such money or other payments have been w completed or discharged, or when any division of interest, other than set ti x forth herein, shall for any reason become effective and to furnish Transfer Orders accordingly. In the event such notice is not received, w U Lyco shall be held harmless in such event and is hereby released from any and all damage or loss which might arise out of any mispayment. It is o Z agreed and understood that, in the event any interest hereunder shall W become subdivided, Lyco shall have the right to require the written 20 y designation of a common agent to receive payment for all of the several Gx owners of the subdivided portions thereof; and Lyco shall not be required Wto make payment for such subdivided interest until such designation is ‘14W furnished. N o z SEVENTH: The undersigned hereby adopt, ratify and confirm each oil ocC and gas lease, together with any amendments thereto, under which the gas ato which this Division Order applies is produced. If the production which is the subject of this Division Order is obtained from a unit or units, the establishment of such unit or units is hereby ratified, confirmed and o o adopted. tiLel " " EIGHTH: If the proceeds accruing to any interest hereunder shall W G. amount to less than Twenty Dollars ($20.00) per month, Lyco is hereby authorized to make payment for such accruals at such time as the accruals shall have accumulated in the amount of Twenty Dollars ($20.00) or more. NINTH: This Division Order shall become valid and binding on each of the undersigned, his heirs, devisees, administrator, executor, suc- cessors or assigns, as soon as signed by him regardless of whether other interest owners have so signed; and all of the provisions herein contained shall apply to each of the undersigned separately and not jointly. VirlflCCR ATTEST: SIGNATURE: Board of County Commissioners ti • We d County, Color By Ma_ hair IVJI = r ADDRESS: D- . ry-C O• ,rr ,Li* ' , - , P.O. Box 758 ti• N - Greeley, CO 80632 SOCIAL SECURITY OR TAX NO. : 84-6000-813 Gas Division Order - Page Two • EXHIBIT "A" Attached to and made a part of that certain Gas Division Order effective July 3, 1986 pertaining to the Silva No 1 Well . INTEREST OWNER COMPUTATION INTEREST TYPE Joe C. and Marie N. Silva 24250 Highway 263 Greeley, CO 80631 SSN #585-10-9068 (Joe) 1/2 x 15% x "o u SSN #585-34-4929 (Marie) 75.688/77.751 .0730099934 RI MO o Kenneth K. Osaki • 9741 La Colonia Avenue o w Fountain Valley, CA 92708 1/2 x 15% x oz SSN # 75.688/77.751 .0730099934 RI oa i/2- O x Weld County, Colorado o Weld County Centennial Center Tr 0 915 - 10th Street '^ Greeley, CO 80631 Tax I.D. # 18% x 2.063/77. 751 .0047760157 RI el X Terry D. & JoAnne D. Meyer ko co () 792 Pine Brook Road ,o z Boulder, CO 80302 SSN #523-66-7399 1% x 75.688/77.751 .0097346658 ORI off tico • Frederick M. Upham yr w P. 0. Box 774987 cv cc•a w Steamboat Springs, CO 80477 o z SSN #701-16-9564 .25% x 75.688/77. 751 .0024336664 ORI N a O U a Brent J. Morse 5219 S. Joliet Way 0 o Englewood, CO 80111 MY? SSN #443-46-8410 .5% x 75.688/77. 751 .0048673329 ORI el el tiro aaw Kenneth F. Appis 10087 Wolff Street Westminster, CO 80030 SSN #124-36-5865 .25% x 75.688/77.751 .0024336664 ORI Nebil G. Zarif 4151 S. University Blvd. Englewood, CO 80110 SSN# 521-27-2672 3% x 75.688/77.751 .0292039974 ORI Lyco Acquisition 1984 Limited Partnership 12770 Coit Road, Suite 615 Dallas, TX 75251 80% x 75.688/77. 751 + Tax I.D. #75-1975892 82% x 2.063/77.751 .8005306685 WI 1.0000000000 END OF EXHIBIT "A" LYCO ENERGY CORPORATION 12770 Coit Road, Suite 615 / Dallas, Texas 75251 Telephone (214)661-0757 Owip Telecopier (214)239-0126 August 27, 1986 Pro 11 TO: Royalty Interest Owners S� Re: C72 Silva #1 4 Ga E/2 SW/4 Section 6-5N-64W 9 Weld County, Colorado tdgek4.4. .‘716 6 4Q Dear Interest Owner: Enclosed in duplicate is Lyco Energy Corporation Gas Division Order pertaining to the referenced property. Please confirm that your name, address and division of interest is set out correctly on such instrument and execute the division order in the space provided. Your signature must be witnessed by two (2) disinterested parties. A corporate signature must be attested and have the corporate seal affixed. In addition, please include your social security or tax identification number as revenue cannot be disbursed without this information. Upon execution, please return one (1) complete division order to this office retaining the other for your records. Very truly yours, LYCO ENERGY CORPORATION ` \ 3 .Cw Ellen S Anguish Title Analyst ESA:l1 Enclosures Hello