HomeMy WebLinkAbout890282.tiff 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 The Robert Gerrity Company, and
WHEREAS, said lease covers land more particularly described
as follows :
Township 5 North, Range 66 West
Section 21 : WiNW}
Weld County, Colorado
WHEREAS, Associated Natural Gas , 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 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.
QEDA5/ C( ...4N
890282
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RE: 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
March, A.D. , 1989 . L1
71avtuvcr1',t,ulLfrjrk.) BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk and Recorder ei,1
and Clerk to the Board C.W. Kir y, C irman
iy: �L�?� �?ue� Ja que nson, Pro-Tem
D puty County lerk
EXCUSED
APPROVED AS TO FORM: Gene R. Brantner
George y �
U'/IOO1..
County torney
G .
890282
•
ARd174503 REVISED
GAS DIVISION ORDER
(Counterpart Signature)
TO: ASSOCIATED NATURAL GAS, INC.
P. O. Box 5493
N o Denver, Colorado 80217
o U Attn: Division Order Department 1798
Lease No.
~ u Date March 17. 1989
to Plant
CD W
0 3 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
o I>+ the proceeds derived from the sale of Gas produced and saved from the Lesser PM 321-2 lease or unit located
tn-
• in the County or Parish of Weld , State of Colorado
0• more particularly described as follows:
TOWNSHIP 5 NORTH, RANGE 66 WEST
N a
Section 21: W/2NE/4
M
M
co U• OWNER NO. CREDIT TO DIVISION OF INTEREST DECIMAL
n z 9455 Emma Lesser, Life Tenant 49.5% of 18.75% RI .0928000
W
r7 E 9464 Ehmar, Inc. 49.5% of 18.75% RI .0928000
orn
a
rte 11172 Public Service Company of Colorado .6528% of x 18.75% RI .0015500
uoi w 1129 umme)Plield County .015% of x 12.5 RI .0002500
r-
r-
1-1 Z 4003 The Robert Gerrity Company 100% x 81.285% WI .8126200
Effective 8 AM Date of first Purchase
� , and until further notice, you are hereby authorized to take or retain possession
figai 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
,'fig said property(ies)subject to the conditions, convenants and directions set out below:
N M
(N. t.D FIRST:It is understood that the Gas produced from the,above-described propc ty(ies)is being soldhunder hat certain as Purchase and
N-I Processing Agreement dated p December 1 insS between The Saracen Gas
as'Seller"and Associated Natural Gas, Inc. as "Buyer", and that all terms and covenants contained therein, and in any amendments,
W G+ 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 Associated Natural Gas, Inc. receives and/or recovers by
processing from Gas produced from wells on said property(ies).
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
14tlwadt llophilHEl at (Enter Mailing Address) Social Security Number
ATTEST: BOARD OF COUNTY COMMISSIONERS
sewa� : WELD COUNTY, COLORADO
" ,/
84-6000813
BY: C.W. K RBY, airman
BY: /✓o :.. Address: PO Box 758
Depu y County
Greeley, CO 80632
r. ft1.S
Address:
Address:
ORIGINAL
WHITE-Return to ANGI / YELLOW-For your records / PINK-ANGI file copy 890282
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SECOND: Payments are to be made monthly by checks of Associated Natural Gas, Inc.to be delivered or mailed to the parties thereto
tried at the addresses above given,provided that,e the amount due any owner is less than Twenty-Five and 00'100(S25 JO)Dollar per
. nth,Associated Natural Gas. Inc..at its option,may defer the making of such payment until such time as the aggrf'ga!ir amoun• cos
,:ceeds said sum.The undersigned authorize Associated Natui at Gas. Inc.to withhold from the proceeds of any and alt(;as refei rec ti.:
herein the amount of any tax placed thereon, or on the production thereof, including but not limited to any severance. production or
tN OU occupation tax,by any governmental authority,local state and or federal afro to pay the same in our behalt with the pronee es so with e,id
criO
N O •
U THIRD: In the event of any adverse claim of title or in set.event:fee seal' not be::•a':::.fac:tory t::Associated Nab.irai Gas. !nc.at aey fart
Q during this term of this Division Order. each of the .mdt--sluned aeiee la, :f t, ';.anti. :,^s:t•;acts of title and other de `nC�:.,• :lC
I-1 s tt.stactr,:y to Associated Natural Gas. Inc.aria antitcr,z.:,Ass•::,.;rr!ii,d Nat..:lral Gas iris:. to wlthte:Id payment without obligation to pa',
O W interest on the amount so withheld.until satisfactory indemnity steel he'urn,I=,h''c IC.Is 1I s: :;,:..-..h r',.,f
O 3 Y: . ,oculti=l.Na,ui a Gas. nc ,�,c;far.:. a:,.
r:iaims Or any such detects in title or until title shalt be made satis.f icrtrt y tC.AsSoCIatF:d Natural f iii°: Inc.Each;Inders:gne;1;;:•':v.a:. V.!r;•:
O Ri iiiterest of such party hereunder.respectively aarees. in the revers!su:t's Seer in any court aftrer:tine;liter te'•sal: H .•.•1•:
in- W p' y ~Gas.e fist: .re:e :after
Q severance.to indemnify and save harmless Associated Natural G:,ii.Inc aga'st eey ;inn all::aft.,[,,,fO, io. ,.C5r.din; n. eee;-.t'e nsi:'
fx which Associated Naha a!Gat.Inc may suffer or incur oii a:.cceve.C'rcieil:'1; anti nayirt sa.d::'i'h,:hr :pc.e..';y;'r:rive'(:fi.ssi tri;- ,.,t o`
OU said Gas Where Associated Natural Gas.Inc..pursuanT to the pruv'sio:•t,he;.'of w:!ariciic5 p a rfii=:'it.Or any pal t irl.rev earth t ndrr't.'.''ed
W :>rlrty from whom payment is withheld seyerafiy agrear;to Indonii;fy.g•ici r-:c>&d Assoc,afcrc Naha a:Gas.Inc.ha:n-•.e ,of arid f'on'a''li:;t.ilily
N ix for any tax. together with all interest and penalties incident thereto. rmpose_..i or assessed against.or paid by it on account of the suer,or
N sums so withheld from payment to said art and deduct all such taxes.interest andpaid stens owing t'y it to saii
.. i,a P Y party. penalties so it Boni any..
r*> party.
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co U FOURTH:The undersigned severally agree to notify Associated Natural Gas.Inc 01 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
�• z
N H copy thereof,shall be furnished to Associated Natural Gas Inc Transfer of interest shall be made effective Et on the first day of the
• W calendar month in which proper notice is received by Associated Natural Gas Inc Associated Natural Gas.In. 'rfllyltihy relieved of any
en E-i
O responsibility for deter^rr'.r it and when any of the iftert' C5, fleee,r;a0Pve i5' fc•tr east?r she ii�.i.e•,Nrt to or .. ..1•wr•ec I. . e (.ri+rt•I's
Q'., as a Icsu!t Of Inc completing of discharge of money c.r cithc: cay17:P.'115 tr • sand interests -:tie. tie, sip'e s t "sc/ w'ii+s•.: ;,:'t=:"t'sts are
] affected by such money or other payments. if any, agree to gave Associated Natuiai Gas inc notice a1 ;nr:t.rg by re'Jls!crcu letter
ol
O W addressed to Associated Natural Gas, Inc.. P.O. Box 5493. Denver. Colorant 802.17. Attn• Division Order Department when any sects
u1 c r money or other payments have been completed or discharged.or when any division of interest other than that set forth above shall.for any
et, reason. become effective and to furnish transfer order accordingly, and that in the event such notice shall not be received.Associated
t` T
r-•a 2 Natural Gas, Inc.shall be held harmless in the event of,and is hereby released from any and ail damage or loss which might arise out of.
N 4 any overpayment.
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P4 FIFTH: II any portion of Inc proceeds derived from the sale of Gas is subject to refund under any order•rule or regulation of the Federal
d Energy Regulatory Commission or the provisions of the Natural Gas Act or Natural Gas Policy Act of 1978,Associated Natural Gas. Inc.
N may hold without interest the portion of the proceeds subject to refund unless indemnity satisfactory to Associated Natural Gas, Inc has
N N been furnished,or until Associated Natural Gas,Inc.'s refund obligation has been finally determined.If any portion of the proceeds derived
from the sale of Gas is paid over by Associated Natural Gas. inc. under any order, rule or regulation of the Federal Energy Regulatory
fYi W 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,
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.
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 tnis Division Order are in
conflict with the provisions of any oil and gas lease covering the above described propertyties i 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.
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890282
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