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HomeMy WebLinkAbout880958.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 Cache Exploration, Inc. , and Conquest Oil Company, and WHEREAS, said lease covers land more particularly described as follows: Township 5 North, Range 65 West Section 12 : E}SW} as to production obtained from the Codell and Niobrara Formations only 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 twenty-one 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, 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. 880958 Page 2 RE: GAS 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 3rd day of October, A.D. , 1988. BOA OF COUNTY COMMISSIONERS ATTEST:� 2t WELD 9O.UN.T/Y, COLORADO Weld County Clerk and Recorder .�► .s'nt ft, and Clerk to the Bo d Gene R. Brant er, Chairman C EXCUSED \Hy: Qy/c7ytcei C.W. Kirby, Pro-Tem eputy County erk APPROVED AS TO FORM: a •ue y. i o CAP,a40 Go . . . ac ounty Attorney EXCUSED Frank Yamaguchi 880958 f. CC 1 B 1211 B.4?ro2157454 10/03/88 $0. 00 1/004 F 1156 .-_ ANN FEUERSTEIN CLERK S n _JRDER WELD CO, CO AE2157454 GAS DIVISION ORDER. TO: ASSOCIATED NATURAL GAS, INC. P.O. Box 5493 Denver,Colorado 90217 Attn: Division Order Department Leese No. 1727 • Dee September 27, 1988 Pwn The undersigned,and each of us,certify and guarantee that we are the legal owners of and hereby warrant the title to our respective interests in the proceeds derived from the sale of Gas produced and saved from the Sandy #1 lease or unit boated in the County or Parish of Weld State of • Colorado more particularly described as follows: Towsnhip 5 North, Range 65 West Section 12: E1/481414 as to production obtained from the 0 Codell and Niobrara Formations only ve.oU _ . 0 • i tJ OWNER NO. - CREDIT TO • - DIVISION-OF INTEREST DECIMAL • U - • Ca i1 oe4 :q SEE ATTACHED EXHIBIT "A" FOR OWNERSHIP LISTING 0 as r.;,a Effective 8 AM date of first purchase , and until further notice,you are hereby authorized to take or retain possession In of all Gas from said propsry(les)on and after the effective day and to give credit as set forth above for all proceeds derived from the sale of Gas from asaid property(ies)subject lo the conditions,convenants and directions set out below: p7 co ha co 0 FIRST:It is understood that the Gas produced from the above-described property(ies)is being sold under that certain Gas Purchase and 'T+ Processing Agreement dated Tune 10 , 198$—,between 'Frannie Energy, Inc o H as "Seller"and Associated Natural Gas, Inc.as"Buyer", and that all terms and covenants contained therein, and in any amendments, extensions,or renewals thereof shall govern and be binding upon the parties hereto in all respects which shall include,but not be restricted to,theprice to befor said Gas and the time when such payments are to be made:As used in this Division Order,the term"Gas"shall 0to paid D Y f4 be deemed to include casinghead gas,gasoline and all other products which Associated Natural Gas.Inc. receives and/or recovers by el, processing from Gas produced from wells on said property(ies). in el mr r-,• 7+ All covenants appearing on the reverse side hereof are incorporated herein by reference and the undersigned agree that each shall be deemed and 2 considered an essential pat of this division order in like manner and with the same effect as if printed above our signatures. N o rta 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. "'1 Owners Sign Below Taxpayer Identification or N.• '.h Sig at nieces (Enter Mailing Address) Social Security Number .+.-1 , C. Weld ounty papa TTEST: j fs ,� r Boar f County iss ners /+ • " 4 • • . s ®� 84-6000813 ene . Brantner, Chairman • Address: P.O. Box 758 repu.l " " lc Greeley, CO 80632 Address: • S Address: crY 880958 Original CC WHITE-Return to ANGI / YE�EBW-For your records / PINK-ANGI file copy B 1211 REC 02157454 10/03/88 15:39 1157 MARY ANN FEUERSTEIN CLERK & RECORDER�WELD CO/$000 0CO SECOND:Payments are to be made monthly by checks of Associated Natural Gas, 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,Associated Natural Gas,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 Associated Natural Gas.Inc.to withhold from the proceeds of any and all Gas referred to herein the amount of any tax placed thereon, or on the production thereof, including but not limited to any severance, production or occupation tax,by any governmental authority,local,state and/or federal,and to pay the same in our behalf with the proceeds so withheld. THIRD: In the event of any adverse claim of title or in the event title shall not be satisfactory to Associated Natural Gas, Inc.at any time during the term of this Division Order,each of the undersigned agrees to furnish complete abstracts of title and other evidence of Lille satisfactory to Associated Natural Gas.Inc.and authorizes Associated Natural Gas.Inc to withhold payment,without obligation to pay' interest on the amount so withheld,until satisfactory indemnity shall be furnished to Associated Natural Gas. Inc. against such adverse claims or any such detects in title,or until title shall be made satisfactory to Associated Natural Gas.Inc..Each undersigned party.as to the interest of such party hereunder,respectively agrees,in the event suit is filed in any court affecting title to said Gas,either before or after severance,to indemnify and save harmless Associated Natural Gas.Inc.against any and all liability for loss,cost,damage,and expense which Associated Natural Gas.Inc.may suffer or incur on account of receiving and paying said party the proceeds derived from the sate of said Gas.Where Associated Natural Gas.Inc.,pursuant to the provisions hereof,withholds payment,or any part thereof,each undersigned party from whom payment is withheld severally agrees to indemnify and hold Associated Natural Gas,Inc.harmless of and from all liability for any tax,together with all interest and penalties incident thereto,imposed or 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.interest and penalties so paid it from any sums owing by it to said party. FOURTH:The undersigned severally agree to notify Associated Natural Gas,Inc.of any change of ownership.and no transfer of interest shalt be binding upon Associated Natural Gas.Inc until transfer order and the recorded instrument evidencing such transfer,or a certified copy thereof,shall be furnished to Associated Natural Gas,Inc..Transfer of interest shall be made effective 8 AM on the first day of the calendar month in which proper notice is received by Associated Natural Gas.Inc.Associated Natural Gas,Inc is hereby relieved of any responsibility for determining if and when any of the interests hereinabove set forth shall or should revert to or be owned by other parties as a result of the completion of discharge of money or other payments from said interests, and the signers hereof whose interests are affected by such money or other payments. if any, agree to give Associated Natural Gas. Inc. notice in writing by registered letter addressed to Associated Natural Gas, Inc.. P.O. Box 5493. Denver, Colorado 80217.Attn Division Order Department, when any such money or other payments have been completed or discharged.or when any division of interest other than that set forth above shall,for any reason, become effective and to furnish transfer order accordingly, and that in the event such notice shall not be received, Associated Natural Gas, Inc.shall be held harmless in the event of,and is hereby released from any and all damage or loss which might arise out of, any overpayment. 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 Federal Energy Regulatory Commission or the provisions of the Natural Gas Act or Natural Gas Policy Act of 1978. Associated Natural Gas. Inc. may hole without interest the portion of the proceeds subject to refund unless indemnity satisfactory to Associated Natural Gas. Inc has 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 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 this Division Order are in conflict with the provisions of any oil and gas lease covering the above described propertylies),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. • 880958 B 1211 REC 02157454 10/03/88 15 :39 $0.00 3/004 F 1158 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "A" Sandy 01 01727 Owner No. Credit To Division of Interest Decimal 2102 Gerrie Bishop 1/16 of 40 .31/81. 56 of .0055602 18% RI 2103 Roy C. Bishop 1/16 of 40. 31/81. 56 of .0055602 18% RI 4997 Marlyn James Johnson and 1/8 of 40 . 31/81.56 of .0123559 Christine Johnson 20% RI v0 o u 6998 David W. Law and Sandra K. 1/8 of 19 . 35/81.56 of .0037070 0 Law 1/8 RI U n 2106 Gerald Leon Marble and 1/8 of 40. 31/81. 56 of .0123559 C Jan Marble 20% RI o 4999 William F. Wickersham and 1/8 of 20.96/81. 56 of . 0040154 ono Toni M. Wickersham 1/8 RI bU 1438 Francis M. Loustalet 71. 0625% of 1/2 of .0333657 40 . 31/81 . 56 of 19% RI ow I 1440 Gary H. Loustalet 2 . 625% of 1/2 of 40 . 31/ .0012325 '' 81. 56 of 19% RI coo 1442 Wade A. Loustalet 2.625% of 1/2 of 40. 31/ .0012325 „1 z 81 . 56 of 19% RI 0I-$ o E4 1441 Ardith Renee Loustalet 2 . 625% of 1/2 of 40 . 31/ . 0012325 Simons 81. 56 of 19% RI Pa o 1439 Warren H. Loustalet 21. 0625% of1/2 of 40. 31/ . 0098894 81. 56 of 19% RI a 7000 Marguerite Nelson Neid 1/2 of 40 . 79/81.56 of . 0387595 o 15. 5% RI C.) CC a 7001 United Bank of Greeley, 1/2 of 40 . 79/81. 56 of .0387595 Nco Trustee of Helen Nelson 15. 5% RI '" '^ Patton Trust N rl N DIN 11290 Weld County . 46/81. 56 of 21% RI .0011844 \----i 2107 David W. Law 1/2 of 1/8 of 40 . 31/ .0041701 81.56 of 2% ORRI plus 1/2 of 1/2 of 40. 31/ 81.56 of 1% ORRI plus 1/2 of 1/8 of 40 .31/81. 56 of 7. 5% ORRI 2108 Sandy Law 1/2 of 1/8 of 40 . 31/ . 0041701 81 .56 of 2% ORRI plus 1/2 of 1/2 Of 40.31/ 81. 56 of 1% ORRI plus 1/2 of 1/8 of 40. 31/81. 56 of 7. 5% ORRI 32336 Conquest Oil Company 1% of 8/8 ORRI .0100000 2962 Andrew C. Boden 1/2 of 40. 79/81.56 of . 0012503 . 5% ORRI 33110 Buddy Baker 1/2 of 40 .89/81. 56 of .0012503 . 5% ORRI C809S8 (-.‘^ B 1211 REc "02157454 10/03/88 15:39 $0.00 4/004 F 1159 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "A" CONTINUED 30453 Ted Amsbaugh 69 . 5E of 40.79/81.56 of .0034759 1% ORRI 30445 Stephen B. Evans 69 .5E of 40.79/81. 56 of .0034759 1% ORRI 30437 Barry L. Snyder 69 .5E of 40.79/81. 56 of .0034759 1% ORRI ▪ O 33099 Jeanne A. Anderson 69 .5E of 40.79/81. 56 of .0001738 O O .05E ORRI 0 erg 33081 Vicki L. Wambolt 69 . 5E of 40 . 79/81 . 56 of . 0005214 to .15E ORRI wA c 3 30470 Christina L. Snyder 69 . 5E of 40.79/81 . 56 of .0005214 o a .15E ORRI v, w 2 30488 Lawrence N. Watts 69 .5E of 40. 79/81 . 56 of .0005214 u .15E ORRI M 33646 Barrett Energy Company 30 .5E of 40 .79/81. 56 of . 0061015 *so 4% ORRI ~ r 30411 Zenith Drilling Corporation 69 . 5E of 40.79/81 . 56 of . 0017378 m v . 5% ORRI o1z-1 6955 Francis Energy, Inc . . 5% of 8/8 ORRI .0050000 � w ari 4161 Silverado Oil, Inc. 2% of 8/8 ORRI .0200000 N w• 6723 Francis Energy, Inc . 1988 1/2 of 81.1/81. 56 of 79% . 3899718 w ta #1 Joint Venture WI plus 1/2 of . 46/81. 56 of 78% WI less . 5% of 8/8 ORRI mo• 6759 Silverado Ltd. 1-88 1/2 of 81 . 1/81. 56 of 79% . 3749718 a 2 WI plus 1/2 of . 46/81.56 of 78% WI less 2% of ✓-1 01 rl 8/8 ORRI N .-1 rl CC W • U.30955 Hello