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Home My WebLink About881060.tiff RESOLUTION RE: APPROVE OIL AND GAS DIVISION ORDER FROM NATIONAL COOPERATIVE REFINERY ASSOCIATION, 1775 SHERMAN STREET, SUITE 3000 , DENVER, COLORADO 80203 , 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 Diversified Operating Corporation, and WHEREAS, said lease covers land more particularly described as follows: Township 8 North, Range 58 West, 6th P.M. Section 28 : NE}NE* Weld County, Colorado WHEREAS, National Cooperative Refinery Association has submitted an Oil and 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 Oil and Gas Division Order as submitted by National Cooperative Refinery Association, 1775 Sherman Street, Suite 3000 , Denver, Colorado 80203 , 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. A, D49/j) (r'63^l fie/c7/ 881060 Page 2 RE: DIVISION ORDER - NATIONAL COOPERATIVE REFINERY ASSOCIATION The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 7th day of November, A.D. , 1988 . n � BOARD OF COUNTY COMMISSIONERS ATTEST: WEL -�OUNTY, COLORADO teat Weld County Clerk and Recorder i .V�'1 and Clerk to the Board I`ene R. Brantner Chairman BY:• ' C.(Kir"by, Pio-Tem Deputy Count Clerk _ APP OVED AS TO FORM: Ja que he� son,. �• yew- i �� Gord•n` '.cy'� 4114 (hi/ F., 1< r County Attorney t f `' ``%e , ,,,;fly Frank !maguchi 881060 AR2161248 Analyst SB DIVISION ORDER NATIONAL COOPERATIVE REFINERY ASSOCIATION PAGE ONE OF TWO TO: NCRA �tI DATE November 1 , 1988 1775 Sherman St. Y LEASE NAME Sooner (D-Sand and Suite 3000 \ Splay)LEASE NO Denver, CO 80203 F r Unit Tr. 9 , q CP #84320 In accordance with and subject to the terms appearing on the reverse side the signatory parties hereto, and each of them, guarantee and warrant that they are the owners in the proportions set out below of all the oil, gas and liquid hydrocarbons produced from the following described premises and until further written notice NCRA is authorized to receive oil, gas and liquid hydrocarbons therefrom, giving credit as directed below, effective as of 7:00 am., of the first day of October 19 88 Township 8 North, Range 58 West, 6th P.M. Unit Tract 9 (Fiscus #1-28) Section 28: NE}NE* Tract Participation Factor: Weld County, Colorado .8049% LIMITED TO PRODUCTION OBTAINED FROM THE D-SAND AND SPLAY FORMATIONS. Credit to Division and Kind of Interest Board of County Commissioners Weld County, Colorado .1250000 RI Barry Curtiss-Lusher .0003750 ORI Gay Mildred Curtiss-Lusher .0089750 ORI Diversified Operating Corporation .0358999 ORI Jack H. Farrior .0005000 ORI Mile Hi Oil & Gas, Inc. .0003418 ORI Palace Exploration Company .0056250 ORI Albert M. Pardini .0081000 ORI The Resource Exemption Equivalent Trust Bruce L. Waterhouse, Jr. , Trustee .0015000 ORI Oscar Strongin .0018750 ORI Colburn R. Thomason .0009000 ORI Kelly Thomason .0012500 ORI Michael Lance Thomason .0012500 ORI John M. Turner .0005000 ORI ORI Sub-Total .0670917 Paul Abbey .0187500 NWI Robert J. Adams .0069844 NWI Marvin R. Brown .0558750 NWI James D. Brownlie .0116892 NWI Commonwealth Energy Associates, L.P. .1125000 NWI Commonwealth Energy Associates-II , L.P. .0800000 NWI Commonwealth Energy Associates-III , L.P. .0113478 NWI Gay Mildred Curtiss-Lusher .0216156 NWI Diversified Operating Corporation .0864626 NWI 88:1._060 KM, „V.MN) B 1215 REC 02161248 11/08/88 09 :45 $0.00 1/003 F 1014 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Analyst SB DIVISION ORDER NATIONAL COOPERATIVE REFINERY ASSOCIATION PAGE TWO OF TWO TO: NCRA DATE November 1 , 1988 1775 Sherman St. LEASE NAME Sooner (D-Sand and Suite 3000 n c LEASE NO Denver, CO 80203 Splay) Unit Tr. 9 CP #84320 In accordance with and subject to the terms appearing on the reverse side the signatory parties hereto, and each of them, guarantee and warrant that they are the owners in the proportions set out below of all the oil, gas and liquid hydrocarbons produced from the following described premises and until further written notice NCRA is authorized to receive oil, gas and liquid hydrocarbons therefrom, giving credit as directed below, effective as of 7:00 a.m., of the first day of October 1s 88 Township 8 North, Range 58 West, 6th P.M. Unit Tract 9 (Fiscus #1-28) Section 28: NE}NE} Tract Participation Factor: Weld County, Colorado .8049% LIMITED TO PRODUCTION OBTAINED FROM THE D-SAND AND SPLAY FORMATIONS. Credit to Division and Kind of Interest Jack H. Farrior .0136031 NWI Gear Drilling Company .0209531 NWI John Penn Lee .0337969 NWI Mile Hi Oil & Gas, Inc. .0070136 NWI Palace Exploration Company .1200000 NWI Albert M. Pardini .0059238 NWI R.S.J. , Inc. .0558750 NWI The Resource Exemption Equivalent Trust Bruce L. Waterhouse, Jr. , Trustee .0187500 NWI Sooner Joint Venture .0818264 NWI Colburn R. Thomason .0148856 NWI Kelly Thomason .0040078 NWI Michael Lance Thomason .0040078 NWI John M. Turner .0136031 NWI Williams Resources Corporation .0084375 NWI WI Sub-Total .8079083 TOTAL 1 .0000000 B 1215 REC 02161248 11/08/88 09:45 $0. 00 2/003 F 1015 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Each of the signatory parties hereto agrees to indemnify and hold NCRA harmless against all and every loss, cost, expense or damage of any kind whatsoever which it may suffer or incur by or on account of having paid said signatory party for crude oil or other hydrocarbons purchased in accordance with the decimal of interest set forth above opposite the name of said signatory party. RI - ROYALTY INTEREST ORI - OVERRIDING ROYALTY INTEREST NWI - NET WORKING INTEREST PP - PRODUCTION PAYMENT 881060 • \N-...� COVENANTS: • � The following covenants are a part of this division order: • 1. Said oil shall became the property of NCRA upon me daevey thereof to it or to any carrier. pipeline. person, firm Or carpOratiOn dnlgnat•d by NCRA to receive said Oil. 2. The oil pWcnssed and received hereunder shall be delivered FOB to any carrier, pipeline, tanks or other faciiitl6 designated by NCRA which gathers and receives said oil. and NCRA a greet to bay son such Gil to the respective owners thereof according to the division of,merest herein sped lied at the price posted by NCRA for oil of tF•umo grade, gravity and reality from the Ield or area in which the aforedescn bed lease premises * located on the dale tad oil is r• red by NCRA. Ins any truckingor pipeline galn- to rig eha charge linciuding transportation taxes)domed•nac.ssar y�W NCPA.s Where� tom ticsimetering devices Sr. used or when r•gmred by purchase. contracts NCRA is authonnd us runs r •ach as tual m 3. Guarino of oil purchased hereunder shall In computed from regularly compiled tank tablet for the tanks from which oil is delivered. Or from certified tank truck gaug^ es On Oil term in tank trucks, or in accordance with any ruin and regulaliona prescribed by any authorized governmental entity, or in accordance with the conditions specified tn• price polling of NCRA. or in actor dance with any accepted practices or customs e prevailing no temperature of lling at the time and pla 0•f delivery. NCRA may deduct from al oil received all Pa- si sediment,dirt,water and other Mountie's.and,in addition. May Correct the volume of oil to rms: temperatu of 60 Morns Fenrenhen Tole accordance with Correction Tle of Ameeican Society for Testing Mateeinl.-01250, Where a well predvicee Oil after 'toed hydrocarbons have been injected into the same, deductions may be made by NCRA for an amount of col equivalent to the amount of liquid hydrocarbons 50 injected. Other *djutfmanes end deductions may be made by NCRA as are provided Ior in the apphuble pride Posting by NCRA. NCRA may require that such oil in tented When necessary to render 11 merchantable. NCRA has me unouall fled right to refuse to me ve any oil not nud- •nd mrchantable by it or of acceptable quality. Before making payments there 10 the Owners hereunder shalt be deducted therefrom any earerance, grass production.occupation or other taus impend on such Oil or the production or the purchaser thereof imposed by law and neulred to be deducted by NCRA as purchaser threat until such time any such le so moo sing such taxes is declared invalid by Sisal and unappeabble judgement. NCRA is not F•01.111•0 to receive oil in any definite quantitiesor far my fixed Pylons or to provide Steen therefor,and consent is hereby given NCRA and any pipeline Company which NCRA may cause to connect with the wells Or tanks On said Oremins to discon- nect and remove aucn pintos end Other •W ipment owned by it in Me event Of the terminelmn of purchases by NCRA under this division order. d. TO proceeds of such oIl, after deducting any taxes or other charges as are hegm provided, and except n at is provided in paragraph 9. shall be Paid monthly for oil r•- send and v rchased during the preceding month according to the division of interest Set out herein by check or draft therefor mailed to nth party at their address Onion des- rated • cool if the amount tameable 10 any Party hereunder shall be less man 55.00.payment shell be made annually with the understanding that when NCRA ceases to Ourchas• oil under kthis division order NCRA will pay 10 each payee all sums accumvleted tO his Credit t0 which his title is clear. S. in giving credit and making payment for oil produced from said premises NCRA is authorized to rely upon the written statement of the operator of the wells looted thereon at to the d•Otn, horizon or formation from which the oil delivered to NCRA hag been or is being produced. All working interest Owners and an parties hereto who are Onneete0 thopen aboe of the sad lean herein referred to guarantee and w ant that all ell sold hereunder has bon and ill be predated and handled in comphancc wltn Gthe pro- eof the Federal Far Labor Standards Act of 1938 as herenmre warrant hereafter amended end all other applicable federal, state and other gorernmentel laws. rules ant regu- uila o. 6. Should the oil produced from any formation in or under the neremtleacnbed premisea be commingled with other oil prior to the aim• it be toms property of NCRA, whether s °tor be eo produc from one or more formations having different ownership in or under the b•h•reindescrid premises or in or under other premises,the commingled an cp gled o i sOld n er a und Shall Cie deleted interest ded to be me of ih• und n••rsgd'in that portion of the lotal commingled Oil driver•d which is allocated ee ted to the hereindcri0edland on Inc cats of the formula v eibed by the operators Of the leases or nits covering the formations or tracts of land involved and the data supplies NCRA wish respect t .and NCRA is aura prized 50 a ndt such information.rely upon the tame and to make nitlem n ent and dtursement hereunder On the Oasis of the evlity and gravity of such [eman ingl•d n000r, so zed w thOut'polity 10 toundersi an•d Oath. for pricing purposes gardleas of the actual Oa of the flow from the notate tracts to the me au ina facility the formu- la preauri bet and supplied py the Orator or orator* shall be applied to the daily runs made by NCRA from the measuring facilities, 7. Should the .ntrattn the undersigned in the ow produced from the herein described land on from any formation underlying said lend be unitized with other lands or otheetherformations, ether voltnurny. by operation of law or by order of state or other governmental authority.. thee division order shall thereafter be deemed to Pc mods feed to mein- tent necessary to conf orm with the applicable un itiaatron agf•ement Or plan. and all tensions Or am• dmentt thereto. but otherwise to remain in full force and effect as to an olnin vrovi tons. n suer event the Onion of the ',flatted Oil sold ner•ur der shall be the interest of the und•raignd in mat portion of ms total unitized oil which is allocated to .n• herein deurm•d land Or formation underlying said land and shall be domed for all purposes to have been actually produced from said land or formation underlying nit' land. 9 Each of the a hived h re by warrants end agree to forever defend the title t0 the oil credited to soh undersigned owner according to the division of interest n n- abov •ndi cared, s ail .n •after actuir•a, and further agrees 1e ind•mnl fy and save harmless NCRA or any other purchaser Of said Oil, and any carrier swag Lc cv NCRA or eri pure hater i to t e• the said'oil,and each of them,against all and everyf charge end rall se Of an kind whatInVer hatsoever w c tad h lOy Or,onyad of hlern to IFeaund•r- rer or cur OY Or on account of r ingv or purchasing or transporting said il,or by reason of any n < of any w p s lgned. 9. Without mina irm•nt of any warranty herein contained abstracts or other evidence of the undersigned's title to said oil shall b• furnished at any time upon demand. if. in th • ODin on of NCRA.the endentigned does not nave good and mrr thirtieths till• to the oil produced and the interest claimed therein by Such underaneo.or in case of adorn claim rI Cf o the land from wnich Said Oil may be produced Or to which laid oil is allocated under any unit operation,or to any of such oil,NCRA may withhold,without interest and without•liability In* purchase price Or proceeds of Said Oil, until indemnity satisfactory to NCRA has been furnished or until SUCF dale is made acceptable t0 NCRA, or until Such adorn claim is settles' to 9s sat'sfection. If suit a filed of f•ctingm the intent of any of the undersigned.written notice th•rr01 shall be given NCRA at the ab ore• address by he ohy party or pales affected.Together with a certified c of the complaint petition or bill of particulars filed,and the party or partite off• ied thereby agrees to indemnify NCRA against any Judgment rendered therm and to reimburse NCRA fir any coat attorneys' therewith.foe or other espensu incurred in connection In the event NCRA is tns orator 01 me itsse or wells described herein it shall have the right to deduct from any payments due any working interest owner hereunder an ameum equivalent to any Orating upen- bertea or cnargu due but unpaid by such working interest owner, let NCRA will not Ce responsible for any change of ownership in the absence of actual notice and proof ther•Of rte l actony to NCRA. and receipt by NCRA of a proper and •xecuted innsfe order reflecting such changes Of owneship, Each of the undersigned agrees to notify NCRA in writing of any change in hit ewmrshlp and soros that any trans- fe-, assignment or conveyance of ny. ce of hit unrest hereunder shell b• made subject t0 this division Order and •1 OCUve at 7:00 o'clock a,m, On the first day of the calendar lowing theta receipt of sale on , satisfactory proof thereof and transfer order by NCRA, Without regard to whether any contingency or condition is upress lv stared in this t division order,NCRA is hereby relieved of any responsibility for determining when any of the intent heron shalt 1 .dimmnn. hange,be extinguished or revert to oth- er cartes as a result of the completion or discharge of money.production or other payments from said interest or the production ttribstabte there*, or eta result of the *aer- ation of any Iim• Or term limitation)either definite or Indsf inie on means l.or as a revolt of the Increase or decrease in production. Or as a result of a chanty in producing depth or for- matter'.the-method or ms of production.or as a result of a chin gd in the allocation of production an feeling the aboe• tract, 'meth, or anv portion thereof do any agreement or by order of governmental authority.Or resulting err, any other contingency.and until NCRA retinues ihr aforesaid notice.utislactory proof and transfer orders to the contrary.NCRA is floret'', a ra dzed to remit Pursuant to the above division of inter es1. In the event the aforesaid written notice.satisfactory proof and transfer ernes are not received by NCRA, NCRRA snail be ',end harmless for rev dir l ling in over or under payment, or a wrong payment of any sums. 11. Each party n reto ratifies and confirms that oil and gas Iaa covring such party's interest,together with all gas Sala contracts,Oil designations or other agreements Pur- suant to which gas and liquid hydrocarbons therefrom are pang produced. processed and sold under this division order. 12. The term oil as sad herein shall be interpreted under Such provisions hereof as y applicable. as including gat and distillate,condensate, end other I laved by drour bons procuud with o fr om a m such gas. except that the• being no posted price for ges,the price or market vale• of gat shall bo that pricer r mood by NCRA in inn sale of the gas, and the price for In• above shown liquid nydrocar b on, shall be the piste agreed between NCRA and the purchaser or the Operator of the premises. f to hPS division artin. andO rear l be ell biDOOMS ding m epon theand thee[n signs vand St=rrone of rorse r and shall n ai sined to m• brief it of N RA.ardless O itswsu ti ors nd a has gns rrn tgncd by Omer aria lu undersigned. • undersigned lour has 'A. repare authorized and dveceo to deduct operating uTnsesr as funish.d by the lease operator from Me undersgned's interest,as set out herein,in the oil produced are sreed from tire s a described lands and remit same to the Has• apex nor. The undersigned will look to the lease operator for detailed statements of all charges and credits of oberating eapens•s at ntervals as agreed upon by the Operator, and the undersigned working interest owner. NCRA is hereby held harmless as to all deduc Inns mat• a- gainst the undc tgncd's interest. B 1215 REC 02161248 11/08/88 09 :45 $0 . 00 3/003 • F 1016 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO IMPORTANT-To Avoid Delay In Payment-Your Correct Address and Social Security Number or Tax Account Number Must Be Shown. Witness: • � Attest: Owner's signature: BOARD OF COUNTY COMMISSIONERS ova � a X ' WELD CO Y,_ - „7! COLORADO, _� , J BY: pep t - €q: e y Cler ene R. Brantner •t"y TITLE: Chairman rr P.O. Box 758, Greeley, CO 80632 Owner's Address: • • • • • Owner's Social Security ar Tax Account No. 84-6000813 C <1 If an individual your signature must be witnessed. If a partnership all partners must sign. If a. corporation execution and attestation must be by authorized off icers, indicating the officer's corporate title.r...yrve •Ey . :a:ap 831060 - N ,,, 7 , National Cooperative Refinery Association I` 1775 SHERMAN STREET, SUITE 3000 • DENVER, COLORADO 80203 • 303/861-4883tilli aq CrudeOii Division CffiffiffAlPtiftS Office 1U Ai tom+} NOV 31988 November 1, 1 *_..._,... .__... .._.. Re: Sooner (D-Sand and Splay) Unit Weld County, Colorado TO ALL INTEREST OWNERS: As you may be aware, the above-referenced unit was approved effective October 1, 1988. In order to distribute revenues to you attributable to your share of unit crude oil production, we have prepared and enclose two (2) copies each of our Division Orders for each unit tract in which you hold an interest.* Please read carefully the attached sheet as to proper execution instructions and review, execute and return one (1) copy of each Division Order to my attention at the above address. You may retain the other copies for your records. As soon as we receive your properly executed Division Orders, we should be able to release proceeds accordingly. Thank you for your assistance and cooperation. Please feel free to contact us should you have any questions. Sincerely, i Q/ Shelley Brook Division Order Coordinator Crude Purchasing Department SB:bsb enclosures *Division Orders for unit tracts 1B, 1C, 2B, 11 and 12 have not been prepared pending receipt of current Division Order Title Opinions. D©/Q 881060 Supplying Refined Fuels FARMLAND INDUSTRIES. INC.. KANSAS CITY. MISSOURI• FARMERS UNION CENTRAL EXCHANGE, INC., ICENERI, SAINT PAUL, MINNESOTA To Our Member-Owners GROWMARK. INC.. BLOOMINGTON. ILLINOIS• LAND MANES. INC.. MINNEAPOLIS. MINNESOTA •MFA OIL COMPANY, COLUMBIA, MISSOURI INSTRUCTIONS TO ALL INTEREST OWNERS Read carefully before signing the instrument: 1 . Your interest as shown on this instrument should not be altered in any way unless accompanied by documentary evidence to support the change. 2. Sign your name EXACTLY AS IT APPEARS ON THE INSTRUMENT. Have your signature witnessed by one (1 ) disinterested party. 3. If signing for a corporation, signature must be attested, corporate seal affixed and title of signatory party shown. 4. If signing for a partnership, all partners must sign, unless signed by an authorized partner and we are furnished a certified copy of his/her authority. 5. If the instrument is signed by an agent, attorney-in-fact, guardian, estate representative, trustee or any party other than the named interest owner, we must have evidence of the rights vested in the signatory party. 6. If an interest is shown jointly for more than one person, each party must sign the division order in the manner that his or her name is shown thereon. In the event one party has been designated agent for the joint interest shown or he/she has been granted .a power of attorney for the other party(ies), we must have evidence to this effect. 7. Insert your Tax Identification Number or Social Security Number, whichever is applicable, in the space provided. 8. Insert the address to which checks are to be mailed in the space provided. 9. You should notify us promptly of any changes in your mailing address. Always include your owner number which appears on your check and your old address, and then state your new address. 10. Return the executed instrument without delay to the address below. KEEP ONE COPY FOR YOUR RECORDS. NATIONAL COOPERATIVE REFINERY ASSOCIATION Attention: Shelley Brook 1775 Sherman Street, Suite 3000 Denver, Colorado 80203 881060 Hello