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HomeMy WebLinkAbout870192.tiff tTh RESOLUTION RE: APPROVE GAS DIVISION ORDER FROM NATURAL GAS ASSOCIATES, 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 Conquest Oil Company, and WHEREAS, said lease covers land more particularly described as follows: Township 4 North - Range 66 West, 6th P.M. Section 6: Wh SW1 Weld County, Colorado WHEREAS, Natural Gas Associates, Inc. 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 Natural Gas Associates, 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. 4 OO.2.2 e Gee/-AT 870192 Page 2 RE: DIVISION ORDER - NATURAL GAS ASSOCIATES, INC. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of March, A.D. , 1987. BOARD OF COUNTY COMMISSIONERS ATTEST: viQi WELD CO OLO i0 Weld County Clerk and Recorder and Clerk to the Board Gor% '! '•c' , ,,/airman Cr22 C. . Kirb , Pro em eputy County erk � ! APPROVE AS TO FORM: ene R. Bra ' - er EXCUSED Jacque ine ohnson p County Attorney Frank Yam guchi 870192 ARd092240 GAS DIVISION ORDER TO: NATURAL GAS ASSOCIATES, INC. P.O. Box 5493 Denver, Colorado 80217 Attn: Division Order Department Lease No. 1153 N o Date March 8. 1987 co U N/A Plant U 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 Ga the proceeds derived from the sale of Gas produced and saved from the Bernhardt #13-6 tease or unit located in the County or Parish of Weld , State of Colorado more particularly described as follows: a 44 Township. 4 North - Range 66 West, 6th P.M. Section 6: W}SW* Ufrom th.e, surface of the earth to the base of the Codell formation. W a containing 68.654 acres, more or less. N OWNER NO. CREDIT TO DIVISION OF INTEREST DECIMAL ' � x W 25363 Weld County, Colorado 18.75% RI x 100% x. .712/68.654 .0019445 r ,-1 co ti co 'i H r+t o rn W op cmW N Pr Effective 8 AM date of first Du rcha se ,and until further notice,you are hereby authorized to take or retain possession Ch 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 N said properyQes)subject to the conditions,convenants and directions set out below: 0 Wa FIRST: It is understood that the Gp s produ�cced from the appvgdescribed propertyQes)is being soltunder that cerlad Gas Purchase and p; A Processing Agreement dated November 24, 1 yob . 198 between conquest 01 I Company as"Seller" and Natural Gas Associates, Inc.as"Buyer",and that all terms and covenants contained therein,and in any amendments, Ch d, o extensions,or renewals thereof shall govern and be binding upon the parties hereto in all respects which shall include,but not be restricted O 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" N shall be deemed to include casinghead gas,gasoline and all other products which Natural Gas Associates,Inc.receives and/or recovers PI W by processing from Gas produced from wells on said property(es). All covenants appearing on the reveres side hereof are Incorporated herein by referenceand the undersigned agree that each shall be deemed and=aid- ered an essential part of this division order In We 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 IdenDacatten or (Enter Mein Adding) Social Simony Number ATTEST: Weld County r 9r^^ L X 84-6000-813 a Address: P.O. Box 758 e uty County Cl rk • Greeley, CO 80632 Address: Address: 870192 n 7_, I SECOND: Payments are to be made monthly by checks of Natural Gas Associates, 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($25.00) Dollars per month,Natural Gas Associates,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 Natural Gas Associates,Inc.,to withhold from the proceeds of any and all Gas referred to herein the amount of anytax placed thereon,or on the production thereof,including but not limited to any severance, N O o U production or occupation tax,by any governmental authority,local,state,and/or federal,and to pay the same in our behalf with the o proceeds so withheld. N O U THIRD: In the event of any adverse claim of title or in the event title shall not be satisfactory to Natural Gas Associates,Inc.at any O time during the term of this Division Order,each of the undersigned agrees to furnish complete abstracts of title and other evidence a of title satisfactory to Natural Gas Associates, Inc. and authorizes Natural Gas Associates, Inc. to withhold payment, without 0 L o S obligation to pay interest on the amount so withheld,until satisfactory indemnity shall be furnished to Natural Gas Associates,Inc. o a against such adverse claims or any such defects in title,or until title shall be made satisfactory to Natural Gas Associates,Inc.Each in-W undersigned party,as to the interest of such party hereunder,respectively agrees,in the event suit is filed in any court affecting title to O said Gas,either before or after severance,to indemnify and save harmless Natural Gas Associates,Inc.against any and all liability for a loss,cost, damage,and expense which Natural Gas Associates, Inc.may suffer or incur on account of receiving and paying said oparty the proceeds derived from the sale of said Gas.Where Natural Gas Associates,Inc.pursuant to the provisions hereof,withholds W payment,or any part thereof,each undersigned party from whom payment is withheld severally agrees to indemnify and hold Natural in % Gas Associates,Inc.harmless of and from ail liability for any tax,together with all interest and penalties incident thereto,imposed or go .. ,a 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, N interest and penalties so paid by it from any sums owning by it to said party. g a N a FOURTH: The undersigned severally agree to notify Natural Gas Associates,Inc.of any change of ownership,and no transfer of co U interest shall be binding upon Natural Gas Associates,Inc.until transfer order and the recorded instrument evidencing such transfer, coz or a certified copy thereof,shall be furnished to Natural Gas Associates,Inc.Transfer of interest shall be made effective 8 AM on the ,--I H first day of the calendar month in which proper notice is received by Natural Gas Associates,Inc.Natural Gas Associates, Inc.is fA hereby relieved of any responsibility for determining if and when any of the interests hereinabove set forth shall or should revertto or • H o tn be owned by other parties as a result of the completion or discharge of money orother payments from said interests,and the signers a hereof whose interests are affected by such money or other payments,if any,agree to give Natural Gas Associates,Inc.notice in r4 writing by registered letter addressed to Natural Gas Associates,Inc.,P.O.Box 5493.Denver,Colorado 80217,Attn:Division Order o f j Department,when any such money or other payments have been completed or discharged,or when any division of interest other N W than that set forth above shall,for any reason,become effective and to furnish transfer order accordingly,and that in the event such N notice shall not be received,Natural Gas Associates,Inc.shall be held harmless in the event of,and is hereby released from any and o z all damage or loss which might arise out of,any overpayment. N 4 a U a 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 W < Federal Energy Regulatory Commission or the provisions of the Natural Gas Act or Natural Gas Policy Act of 1978,Natural Gas 0., X Associates,Inc.may hold without interest the portion of the proceeds subject to refund unless indemnity satisfactory to Natural Gas Cr, N Associates, Inc.has been furnished,or until Natural Gas Associates, Inc.'s refund obligation has been finally determined. If any '. o portion of the proceeds derived from the sale of Gas and paid over by Natural Gas Associates,Inc.under any order.rule or regulation it o of the Federal Energy Regulatory Commission or the provisions of the Natural Gas Act or Natural Gas Policy Act of 1978,Natural Gas '~ `y Associates,Inc.is authorized to recover the amount of the refund applicable to the interest of each of the undersigned frorn future c0 fzl payments,or at Natural Gas Associates,Inc.'s election,it may invoice the undersigned therefore.plus the legal rate of interest Natural Gas Associates, Inc.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. P 310 901 424 arr.. •.1! .:i,w -? -"R i -1E0 MAil Natural Gas Associates, Inc. GP.O. Box 5493 Denver, CO 80217 Natural Gas Associates, Inc. P.O. Box 5493 Denver, CO 80217 I is • x vja3�r_ Eo o 870192 pq\Associated Natural Gas, Inc. " 161987 %, ;f INSTRUCTIONS TO ALL INTEREST OWNERS G`"" "Y G,-0, THE ENCLOSED GAS DIVISION ORDER OR GAS TRANSFER ORDER SHOULD NOT BE ALTERED IN ANY WAY EXCEPT TO CORRECT SPELLING ERRORS, UNLESS ACCOMPANIED BY DOCUMENTARY EVIDENCE TO SUPPORT THE CHANGE. If your name and interest are correctly shown: 1. Sign your name as shown on the Gas Division Order or Gas Transfer Order. 2. Have your signature(s) witnessed by two competent witnesses. 3. If your name has changed due to marriage or divorce, execute the Gas Division Order or Gas Transfer Order using your present name and furnish a copy of the marriage certificate or divorce decree. 4. If signing for a corporation, signature must be attested, corporate seal affixed and title of signatory party reflected. 5. If signed by agent, attorney-in-fact, guardian or any party other than the named interest owner, a certified copy of the power of attorney or other evidence of such party's right to sign must be furnished. 6. Gas Division Orders or Gas Transfer Orders for partnerships must be executed by all partners or by an authorized partner. A certified copy of the instrument giving said partner authority to sign must be furnished. 7. Should you fail to provide your correct Social Security Number or Tax Identification Number, the law provides that we withhold 20% of all production proceeds due you. You may also be subject to a further penalty levied by the Internal Revenue Service. 8. Your correct mailing address should be noted in the space provided to insure prompt receipt of production proceeds. 9. The white copy of the Gas Division Order or Gas Transfer Order should be returned to: ASSOCIATED NATURAL GAS, INC. DIVISION ORDER DEPARTMENT ATT: MARTHA A. BRANDT P.O. BOX 5493 DENVER, COLORADO 80217 10. Should you have any questions regarding the enclosed Gas Division Order or Gas Transfer Order, please contact your Operator or Associated Natural Gas, Inc. at (303) 292-3331. /00,:Q 870192 Suite 600 • 1401 Seventeenth Street • P.O. Box 5493 • Denver, Colorado 80217 • 303/292-3331 Hello