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HomeMy WebLinkAbout880228.tiff RESOLUTION RE: APPROVE OIL DIVISION ORDER FROM TOTAL PETROLEUM, INC. , 515 CENTRAL PARK DRIVE, SUITE 200 , OKLAHOMA CITY, OKLAHOMA 73105 , 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 W.G. Van Bebber, and WHEREAS, said lease covers land more particularly described as follows: Township 5 North, Range 65 West, 6th P.M. Section 30 : E} NWI Weld County, Colorado WHEREAS, Total Petroleum, Inc. has submitted an Oil 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 Division Order as submitted by Total Petroleum, Inc. , 515 Central Park Drive, Suite 200 , Oklahoma City, Oklahoma 73105, 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. fu D^ iC' 880228 Page 2 RE: DIVISION ORDER - TOTAL PETROLEUM, INC. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of March, A.D. , 1988 . n �I BOARD OF COUNTY COMMISSIONERS ATTEST: /1 WEL COUNTY, COLORADO Weld County C+4erk and Recorder yy and Clerk to the Board ene R Brantn�hairman te BY: a/ ce' C.W. Kirby, Pro- em Deputy County erk APPROVED AS TO FORM: Ja• quer ,•n� �_ /� ASa i -14-,------ / Gor.o = <;.., y ./�/- 44-. County Attorney /I/ ,., L an ama•uchi 880228 P b Lease No. 65994 Tod Petroleum,kw. DIVISION ORDER TO: 515 Central Park Drive Suite 200 March 18 , 19 88 Oklahoma City, Oklahoma 73105 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 ELK EXPLORATION — HAMBLEN 1-30 farm or lease, located in AR 213 591 Weld County, State of Colorado , more particularly described as follows: E/2 NW/4 of Section 3O-5N-65W, limited to production from the Codell/Niobrara formations Effective 7 a.m., 1st day of FIRST RUN (February 1 19_87) , and until further written notice,you are hereby authorized to receive, purchase and give credit for all oil received from said property subject to the conditions, covenants and directions following: CREDIT TO DIVISION OF INTEREST ADDRESS WELD COUNTY, COLORADO 5.31/80.97 of 12.5% R.I. Inv (.0081975) r — H 0 NN O ItTJ iD n ' O 'y N zw to a to to you tai\ H zCO (I CO FIRST: The oil puteharc in pursuance of thla Division Order shall be merchantable and become your property upon delivery thereof to You or to Pipe tine designated by you tj CO for tern n of d run and purchased hereunder be computed in terror of 42 U.S.gallons per barrel from regularly compiled tank tables showing the full capacity of the tads.Corrections The tTJ for temperature and deductions for dint.sediment and other impurities are to be made in accordance with your rules,regulations and customs in effect at the time and placed delivery.The ,w, oil shall be steamed or treated when neasary to render it merch rble. N SECOND The dl received in pursuance of the Division Order shell be paid for to the party or parties entitled thereto according to division interests intere shown above at the price for each Na., day's receipts posted and basi upon the s therein indicated an that day by you for the name kind and of qualityoil in the fold in which its received. ry If it u nece to transport crude oil •• hereunder by Mick,then,in that event you are authorised to deduct from such price the trucking charges,together with Federal Transportation Tax thereon.Should the oil be sold by you to "1' another purchaser accepting delivery thereof at the lease tanks,sentiment thereof shall be bred upon the price received by you for such oil and upon the volume computation made by such S+d N purchaser.Payments shell he made monthly for oil received and purebred during the preceding month by your checks deliverd or mailed to the respective parties at the addresses stated. tTJ However,it is greed,if the amour payable to any or the=dunned is less then Teo Dollars during any month,you nay withhold payment thereof,without interest,and in lieu Of monthly fJ settlement.make payment at such train minitrack sum of Ten Down her accumulated to the credit of the umdersignad provided,however.that settlement shall be made at lent once 6 during each caledar year,rowdierrowdieratm of the amount which re srked undersigned. and measurements the credit of the Pipe line grades are to govern and control in as settlements, subject to the provisions of pia PSIS above referred to concerning computation of quantities. The turn opted authorise you to withhold from the proceeds of any and all rots made hereunder the amour of any tax pieced thereon,or on the production thereof,by any governmental authority.and to my the same in on bra t,J,y THIRD In can of say question,controversy or adverse claim or title which in your opinion adversely affects title to any intent credited hereunder. or in case title shall not be v'rf O satisfactory to you at any time during the term of this division older,each of the undersigned agrees to furnish complete abstract of title and other evidence of title rtioactory to you and authorises yon to retain the percher price of the oil without obligation to pay interest on the amount so withheld,until nr4ctory indemnity shall he furnished You air*such question. _Fry, O controversy,adverse claim or any such defects la tale.or until any question,controvm y,adverse claim or defect to owners'title u settled to your satisfaction.satisfaction.In the event suit filed in any W 0 cart affecting title to oil patchier hereunder,either before or after severance,the undersigned agree to indemnify and save you harmless from any and all caw in connection with such r action,including g attorney,'fees;and bather the undersigned agree to indemnify and save you harmless and any carrier transporting said oil for your account against any and all liability for V' lose,call,damage and expense,including attorneys'fees,which you or the carrier may suffer or incur an account of receiving,transporting and paying r for said oil. FOURTH:The undersigned seaman),agree to notify you of any change of ownership and no transfer of interest shall he binding upon you until transfer order and the recorded instrument evidencing ouch transfer,or a certified copy thereof,shall be furnished you.Tender of interest shall he made effective on the first day of the calendar month in which notice is received by F a o the compherebyletion relieved o any responsibility for determining if and when any of the Wrests hereinhwe set forth shell or should revert to or be owned by other parties either as a resuresult \ rennin of money or other payments from said intoner,or otherwise;and the signers hereof whose interests are affected by such money or other payments,if O any.or by thrennin or ch ange of an interest for any other reason,agree to give you notice in writing by registered letter addressed to you at Oklahoma City.Oklahoma,when any such f] O many or other payment have been completed or discharged or when any other division of interest than that set forth shove shot for any reason,become effective and to furnish transfer Q Hi orders accordingly.and that in the event such notice shall not be received,you shall be held tentless arse auto/any overpayment.The undersigned hereby further agree reimburse you for all amounts inmarrectly paid the min •to the unders and are igned Meted above-defrom scribed all property.a tan which might FIFTH: Wolfing Interest owners ad/or Operators who sign this Division Order. and nth of them, guarantee and warrant for your benefit and that of any pipeline or other carrier designated by you to run or transport said oil,that all oil tendered hereunder has been and/or will he produced in accordance with applicable laws and/or official rules and regulations. SIXTH:Thu Division Order shall become valid and binding on each and every owner above named as soon as signed by such owner,regardless of whether or not all of the above named owners have so signed and shell likewise be binding upon the heirs,personal representatives,successors and assigns of the parties hereto.and the undersigned hereby agree to all the terms and conditions of the Division Order now in effect and force. SIGNATURE OF WI SIGNATURE OF OWNERS SOCIAL SECURITY ti` t. fOR , TAXPAYER NUMBER ATTES JJAWeld County, Colorado 84-6000813 y' . � 7 � ./_�. By G � Y iesuty Abe t ens Brantner, hairman -I TJl: 915 10th Street P.O. Box 758 Greeley, CO 80632 IMPORTANT: To avoid delay in payment, please show your correct address and your social security number or tax identification number. Individual signatures must be witnessed by a disinterested person. 340-013 R11/St QPCo. 880223 -12.V ,//7; /i> .O 4f ' 44- TOTAL Total Petroleum,Inc. SUITE 200 515 CENTRAL PARK DRIVE OKLAHOMA CITY, OKLAHOMA 73105-1702 TELEPHONE 405 525-8100 Nh .iy.�S1' l f " L E\ March 18, 1988 MAID 2 TO THE INTEREST OWNERS Re: ELK EXPLORATION - HAMBLEN 1-30 E/2 NW/4 of Section 30-5N-65W, limited to production from the Codell/Niobrara formations Weld County, Colorado Lease No. 65994 Dear Interest Owner: Pursuant to the Division Order Title Opinion rendered by Attorney George G. Vaught, Jr. , enclosed herewith is our division order covering the captioned lease for your execution. Please return the fully signed and properly witnessed division order to our office, complete with current address and social security or tax identification number, should you find your interest to be correct as set out on the division order. We only require one executed copy of the division order for our records. The extra copy may be retained for your records. Upon receipt of the properly executed division order, we will place your interest on line for pay as of First Run. Thank you for your assistance in this matter. Yours very truly, TOTAL PETROLEUM, INC. 4 7 - (Ms.) Pa y Bross Division Order Analyst Telephone: 405-557-7063 Enclosures P.S. Should your interest be mortgaged to a financial institution, please have the division order executed by an Officer of the institution so that payment may be paid direct to you. Thank you. 880228 �,A c01O Hello