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HomeMy WebLinkAbout891050.tiff a r. r\ R RESOLUTION RE: APPROVE OIL DIVISION ORDER FROM PERMIAN OPERATING LIMITED PARTNERSHIP, P.O. BOX 1183, HOUSTON, TEXAS 77251-1183, 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 Cache Exploration, Inc. , and Conquest Oil Company, said lease having been assigned to Lyco Energy Corporation, and WHEREAS, said lease covers land more particularly described as follows: Township 5 North Range 65 West, 6th P.M. Section 12: E;SWI Weld County, Colorado WHEREAS, Permian Operating Limited Partnership has submitted an Oil Division Order on the subject property, and WHEREAS, Weld County is entitled to a twenty 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' s staff 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 Oil Division 'Order as submitted by Permian Operating Limited Partnership, P.O. Box 1183, Houston, Texas 77251-1183, 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. LICao/ e rt e� � / y /4c/ 891050 Page 2 RE: DIVISION ORDER - PERMIAN OPERATING LIMITED PARTNERSHIP The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of October, A.D. , 1989. BOARD OF COUNTY COMMISSIONERS ATTEST: r *4uJ WELD COUNTY, COLORADO Weld County erk and Recorder , and Clerk to the Board I C.WI//�6irrbb�y�f-, C irman ens et/ Gene R. Brantner,eputyy C er ,-----46-zi-7,---e )ev/ez-f-4,-, APPR ED AS TO FORM: tL. Ha l - 1'— _ ± George K nne ounty Attorney // GordoLa 891050 • '* PERMIAN AR219351 q - - DIVISION ORDER Lease No. 042493 October 13 19 88 TO: PERMIAN OPERATING LIMITED PARTNERSHIP dba PERMIAN,P-O.Box 1183,Houston,Texas 77251-1183 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 as set out below in all oil produced from all wells on the HFS Operators, Inc. - Sandy #1 farm or lease, located in Weld County, State of Colorado , more particularly described as follows: Township-5-North, Range-65-West, 6th P.M. Section 12: E/2 SW/4; Weld County, Colorado. PI rr ta N He ,r Ntn HCO and commencing at 7 A.M., the day of first runs 19 , and until further written notice either from Ll you or us you are authorized to receive oil therefrom, purchase it and pay for it as follows: H• o DIVISION OF o CREDIT TO INTEREST POST OFFICE ADDRESS H H n co ROYALTY INTERESTS to Gerrie Bishop .01125 x .4942374 R.I. ~' (.0055602) a r w Roy C. Bishop .01125 x .4942374 R.I. 0 (.0055602) O0 Marlyn James Johnson and .025 x .4942374 R.I. Z o Christine Johnson (.0123559) • ME • o 1/ David W. Law and Sandra K. .2372486 R.I. .015625 x d Law, Joint Tenants (.0037070) f] O 1-1 Francis M. Loustalet .0675094 x .4942374 R.I. (.0333657) 0 O Gary H. Loustalet .0024937 x .4942374 R.I. (.0012325) Wade Andre Loustalet .0024937 x .4942374 R.I. (.0012325) Warren H. Loustalet .0200094 x .4942374 R.I. (.0098894) Gerald Leon Marble and .025 x .4942374 R.I. Jan Marble, Joint Tenants (.0123559) Marguerite Nelson Neid .0775 x .5001226 R.I. (.0387595) United Bank of Greeley, N.A. , .0775 x .5001226 R.I. (cont'd) Trustee of the Helen (.0387595) Nelson Patton Trust MAKE SURE YOUR CORRECT MAILING ADDRESS IS SHOWN ABOVE 691050 PC-259(REV.6-87) The following covenants are also parts of this division order and shall be binding on the undersigned, their heirs, devisees, successors, legal representatives and assigns. FIRST: The oil received and purchased hereunder shall become your property as soon as the same is received into your custody, or that of any pipe line company or carrier designated by you, and the undersigned agree to look solely to you for payment of oil purchased hereunder and shall have no claim or recourse against any subsequent purchaser of said oil. SECOND: The oil received and purchased hereunder shall be delivered F. O. B. to any pipeline or carrier designated by you which gathers and receives said oil, and you shall pay for such oil to the respective owners according to the division of interest above set forth at the same price per barrel received by the operator of the lease covered by this division order. The word "oil" used herein shall mean crude oil and condensate (or distillate) delivered hereunder. THIRD: Quality and quantity shall be determined in accordance with the conditions specified in the purchase agree- ment with lease operator. The oil shall be steamed when necessary to make merchantable and you may refuse to receive any oil not considered merchantable by you. FOURTH: Settlements and payments shall be made monthly by check mailed from your office to the respective parties at the addresses above given, for the amount of such purchase price due said parties, respectively, less any taxes required by the law to be deducted and paid by you as purchaser. FIFTH: Abstracts and other evidence of title satisfactory to you will be furnished to you at any time on demand. In the event of failure to so furnish such evidence of title, or in the event of any dispute or question at any time concerning title to the above lands, or the oil produced therefrom, you may hold the proceeds of all oil received and run, without interest, until indemnity satisfactory to you has been furnished or until such dispute or question of title is corrected or removed to your satisfaction. And in the event any action or suit is filed in any Court affecting title either to the real property above described or to the oil produced therefrom in which any of the undersigned are parties, written notice of filing of such M W action shall immediately be furnished you by the undersigned, stating the Court in which the same is filed and f., ,.,,, the title of such action or suit, and you or any carrier transporting oil for your account shall be held harmless from yr N any judgment rendered in such suit and all reasonable costs and expenses incurred in defending against said claim, whether f+ a in your defense or in the defense of the carrier transporting oil for your account, and the undersigned shall pay said judg- alts ment and said costs and expenses. SIXTH: The undersigned severally shall notify you of any change of ownership, and no transfer of interest shall be binding upon you until a transfer order and the recorded instrument evidencing such transfer, or a certified copy thereof, O shall be furnished to you. Transfers of interest shall be made effective not earlier than the first day of the calendar month in k which notice is received by you. You are relieved hereby of any responsibility for determining if and when any of the in- z terests hereinabove set forth shall or should revert to or be owned by other parties as a result of the completion or discharge E F,,, of money or other payments from said interest and the signers hereof whose interests are affected by such money or other payments, if any, assume said responsibility and shall give you notice in writing by registered letter addressed to you at z W the above address, when any such money or other payments have been completed or discharged or when any other division tsj tn of interest than that set forth above shall, for any reason, become effective and to furnish transfer orders accordingly, and bC at that in the event such notice shall not be received, you shall be held harmless in the event of, and are hereby released from C a any and all damage or loss which might arise out of any overpayment. M SEVENTH: This division order shall become valid and binding on each and every owner above named as soon as signed CO t'' Shim or her regardless of whether any of the other above named owners have so signed; and in consideration of the pur- se of oil hereunder, consent is given hereby to you and any pipe line company which you may cause to connect with the H 0 wells or tanks on said land, to disconnect and remove such pipe lines. in case of termination by either you or us of purchases z to under this division order. EIGHTH: Working interest owners and operators who sign this division order, and each of the m, guarantee and warrant n co tiro for your benefit and that of any pipe line or other carrier designated by you to run or transport said oil, that all oil tend- is ered hereunder has been and will be produced and handled in compliance with the Fair Labor Standards Act of 1938, and XI any amendments thereto, and all other federal, state and municipal laws, rules and regulations. Di H N rtr " IN ACCOKUANCE WITH FEDERAL LAW, PLEASE INDICATE YOUR SOCIAL SECURITY PS Co tt OR IDENTIFICATION NUMBER: 84-6000813 n O tt xi o N � ',AIGNATF1tES OWNERS SIGN BELOW ,tt, ,f r it Z o tt ATTEST: 4-17/11417 O o C.W. Kirby, C airman O to �e.uty Count i Clerk 0 no Oa• BE SURE YOUR SIGNATURE IS WITNESSED AND YOUR CORRECT ADDRESS IS SHOWN 691050 Division Order Lease No. 042493 October 13, 1988 Page 2 ROYALTY INTERESTS - cont'd Ardith Renee Loustalet Simons .0024938 x .4942374 R.I. (.0012325) VWeld County, Colorado .21 x .00564 R.I. (.0011844) 2/ William F. Wickersham and .015625 x .2569887 R.I. Toni M. Wickersham, (.0040154) Joint Tenants '1to OVERRIDING ROYALTY INTERESTS I-. N W N Ted E. Amsbaugh .00695 x .5001226 O.R.R.I. -4 U7 (.0034759) Jeanne A. Anderson .0003475 x .5001226 O.R.R.I. iC (.0001738) Buddy Baker .0025 x .5001226 O.R.R.I. (.0012503) Mm C a Barrett Energy Company .0122 x .5001226 O.R.R.I. y (.0061015) y 0 tt o Andrew C. Boden .0025 x .5001226 O.R.R.I. Z4.4 (.0012503) 0 to t+ �o Conquest Oil Company .01 x 1.0 O.R.R.I. (.0100000) N Steven B. Evans .00695 x .5001226 O.R.R.I. ;d W (.0034759) n 0 Francis Energy, Inc. .005 x 1.0 O.R.R.I. 6 (.0050000) Min • 1/ David W. Law .0084375 x .4942374 O.R.R.I. m c (.0041701) 0 O 1/ Sandy Law .0084375 x .4942374 O.R.R.I. W (.0041701) 0 o Oa Silverado Oil, Inc. .02 x 1.0 O.R.R.I. (.0200000) Barry L. Snyder .00695 x .5001226 O.R.R.I. (.0034758) Christina L. Snyder .0010425 x .5001226 O.R.R.I. (.0005214) Vicki L. Wambolt .0010425 x .5001226 O.R.R.I. (.0005214) Lawrence N. Watts .0010425 x .5001226 O.R.R.I. (.0005214) Zenith Drilling Corporation .003475 x .5001226 O.R.R.I. (.0017379) WORKING INTERESTS Francis Energy, Inc. 1988 .3899718 W.I. #1 Joint Venture (cont'd) 891050 r Division Order Lease No. 042493 October 13, 1988 Page 3 WORKING INTERESTS - cont'd Silverado Ltd. #1-88 .3749718 W.I. 1/ These interests are subject to a Deed of Trust dated July 29, 1986, and recorded in Book 1121, Reception No. 2062848, Deed Records of Weld County, Colorado, in favor of First Community Industrial Bank of Longmont, which by execution of this Division Order authorizes and directs Permian to make payment as credited above and further covenants and agrees to hold Permian wholly harmless and not liable for the accounting of payments made under these interests until such time as Permian shall have received 30 days written notice by registered mail that such interests shall no longer be paid as credited above. 1/ These insterests are subject to a Deed of Trust dated September 2, 1986, and recorded in Book 1127, Reception No. 2068358, Deed Records of Weld County, Colorado, in favor of Security Mortgage and Investment Corp. of Longmont, and who by Note and Deed of Trust Assignment dated September 2, 1986, recorded in Book 1127 under Reception No. 2068359, assigned its rights under this Deed of Trust to Colorado Industrial Bank, Loveland, Colorado, which by execution of this Division Order authorizes and directs Permian to make payment as credited above and further covenants and agrees to hold Permian wholly harmless and not liable for the accounting of payments made under these interests until such time as Permian shall have received 30 days written notice by registered mail that such interests shall no longer be paid as credited above. 1/ These interests are subject to a Deed of Trust dated May 22, 1987, and recorded in Book 1162, Reception No. 2105757, Deed Records of Weld County, Colorado, in favor of The Bank of Greeley, which by execution of this Division Order, authorizes and directs Permian to make payment as credited above and further covenants and agrees to hold Permian wholly harmless and not liable for the accounting of payments made under these interests until such time as Permian shall have received 30 days written notice by registered mail that such interests shall no longer be paid as credited above. 2/ This interest is subject to a Deed of Trust dated August 21, 1987, and recorded in Book 1167, under Reception No. 2111432, Deed Records of Weld County, Colorado, in favor of The Federal Land Bank of Wichita, which by execution of this Division Order authorizes and directs Permian to make payment as credited above and further covenants and agrees to hold Permian wholly harmless and not liable for the accounting of payments made under this interest until such time as Permian shall have received 30 days written notice by registered mail that such interest shall no longer be paid as credited above. 2/ This interest is subject to a Deed of Trust dated February 16, 1988, and recorded in Book 1185, under Reception No. 2131142, Deed Records of Weld County, Colorado, in favor of The Federal Land Bank of Wichita, which by execution of this Division Order, authorizes and directs Permian to make payment as credited above and further covenants and agrees to hold Permian wholly harmless and not liable for the accounting of payments made under this interest until such time as Permian shall have received 30 days written notice by. registered mail that such interest shall no longer be paid as credited above. B 1245 REC 02193564 10/03/89 12:23 $0.00 4/004 F 1318 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 891050_ * PERMIAN October 13, 1988 Re: Lease No. 042493 - HFS Operators, Inc. - Sandy #1 hilt OCT 1 719$$ GREELEIL COLD. Dear Interest Owners: Enclosed please find Permian's Division Order covering the captioned lease based upon a Revised Division Order Title Opinion, dated September 21, 1988. If this Division Order meets with your approval, kindly execute in accordance with the attached instructions, returning fully executed and witnessed copies to Permian for further handling. If you have questions concerning any of the above or if we may be of additional assistance, please advise. Sincerely, PERMIAN Janice O'Neal JO/dmd Enclosures cc: Mr. William G. Crews, CPL Agent for Silverado Oil, Inc. CREWS & ZEREN 1223 28th Avenue, Suite 2 Greeley, CO 80631 li 891050 PERMIAN OPERATING LIMITED PARTNERSHIP it 2500 CITVWEST BLVD. • P.O. BOX 1183 • HOUSTON,TEXAS 77251-1183 • 17131787.2500 Hello