HomeMy WebLinkAbout850065 RESOLUTION
RE: APPROVE OIL AND GAS DIVISION ORDER FROM MARTIN EXPLORATION
MANAGEMENT CORPORATION, P.O. BOX 298 , BLUE ISLAND, ILLINOIS
60406 , AND AUTHORIZATION FOR 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 J.E. Massey, and
WHEREAS, said lease covers land more particularly described
as follows:
Township 3 North, Range 66 West
Section 19 : W/2
Weld County, Colorado
WHEREAS, Martin Exploration Management Corporation 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 Martin Exploration Management
Corporation, P.O. Box 298 , Blue Island, Illinois 60406 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.
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850065
Page 2
RE: DIVISION ORDER - MARTIN EXPLORATION
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 20th day of
May, A.D. , 1985 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: 71h} t WELD COUNTY, COLORADO
Weld County Jerk and Recorder ;,(kA_
and Clerk to the Board J u ine Joh n, Chairman
? J ene R. Bra tner, Pro-Tem
•puty County C144+-14-4")
APPROVED AS TO FORM: C.W. Kirb;
Or .. Lac V
County Attorney
Fra Yamag i
AR2010402
OIL AND GAS DIVISION ORDER
u DATE: May 6 , 1985
MARTIN LEASE NO.: 0193
LEASE NAME: Platteville #19- 1
EFFECTIVE DATE: First Sales
TO: MARTIN EXPLUs(ATION MANAGEMENT CORPORATION
P.O. BOX 298
BLUE ISLAND, ILLINOIS 60406
Each of the undersigned, individually, for themselves, their heirs, successors, and assigns,
hereby represents, warrants, and guarantees to Martin Exploration Management Corporation
(hereinafter referred to as the "Company"), its successors and assigns, that the undersigned is the
legal owner of the decimal interest, as set forth below opposite each undersigned's name, in the
proceeds from all oil, condensates, and natural gas which may be produced, from or allocated to the
following-described area or well located in the County of weld , State of
Colorado , and more particularly described as follows:
_ Township 3 North. Range 66 West
Section 19 : W/2
Commencing on the effective date hereof, the Company is hereby granted and authorized to take
and receive all oil, condensates, and natural gas which may be thereafter produced from the above-
described area or well and, subject to the other terms and conditions hereof, to give credit
therefor to the undersigned in accordance with the division of interest schedule as follows:
•
CREDIT TO ADDRESS DECIMAL INTEREST
FOR DIVISION OF INTEREST SEE EXHIBIT "A" ATTACHED HERETO AND
MADE A PART HEREOF
B 1070 REC 02010402 05/21/85 10: 21 $0. 00 1/003
F 0797 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Additionally, in consideration of the wells drilled or to be drilled on the above—described
lands and the payment to the undersigned of royalties on production from said wells,the undersigned
agree, grant, and represent to and with the Company as follows:
1. Oil (including crude oil and condensate) shall become the property of the purchaser
thereof upon its delivery to the purchaser or to the purchaser's agent or carrier, and payments
hereunder shall be based upon the net price received therefor from the purchaser. Oil shall be
graded and measured in accordance with applicable rules, regulations, or standards generally
accepted in the industry. In the event that the Company is the purchaser of such oil, settlements
therefor shall be based upon the Company's posted price for similar oil in the field where produced
and in effect on the date of delivery, or if no posted price is then in effect, settlements shall
be based upon the then prevailing market price on the date of delivery thereof in the field where
produced. If the oil is purchased by the Company and resold to another purchaser accepting
delivery thereof on the premises, settlements hereunder shall be based on the net price received
therefor by the Company. The Company may deduct from any price received for the oil the reasonable
costs of transporting and/or treating the same if incurred.
2. Natural gas, including casinghead gas if marketed with gas well gas, shall be delivered
and sold to and become the property of the pipeline company to whom the gas is agreed to be sold by
the Company. Settlements to the undersigned shall be based upon the terms, conditions, and prices
for said gas as agreed to with the pipeline company less any costs of treatment, compression,
transmission, or dehydration thereof which are paid by the Company.
3. Oil and natural gas produced and sold from the premises is or may become subject to
orders of certain regulatory authorities who could vary the terms of any agreement for the
production or sale thereof. To the extent that such orders do modify or change current sales or
production arrangements, the provisions thereof, as well as the provisions hereof, shall be so
modified accordingly.
4. Settlements hereunder for oil and gas shall be made monthly by the Company mailing or
delivering its check to the undersigned at the address indicated in an amount, less taxes required
to be withheld, calculated in accordance with the schedule of interest as herein contained.
Settlements shall be mailed no later than the 25th day of each month for oil and/or gas taken or
sold during the second preceding calendar month. If at any settlement date the amount payable to
any of the undersigned shall be less than Ten Dollars ($10), the Company may defer such payment and
make payment when such settlement amount has accumulated to Ten Dollars ($10) but, in any event,
not less than annual intervals.
5. The undersigned individually warrant that they are the owner of their respective interest
• as herein set forth and that in the event of an adverse claim made thereto or in the event
ownership of the undersigned's interest is not substantiated by record examination, the Company may
retain any and all settlements due therefor, without interest, until such claim or ownership of the
interest is settled, fully adjudicated or otherwise determined, or until the Company is adequately
indemnified therefor by the parties claiming such interest. The Company may, at any time, require
the undersigned to furnish proof of its title to its interest, including abstracts of title or
other pertinent records or documents.
6. The undersigned shall notify the Company of any change in the ownership of their
interest, and the Company shall not be liable for, nor shall it be required to recognize, any
change in ownership unless and until the Company shall actually receive a certified copy of the
instrument changing such interest and the transferee thereof executes and returns to the Company
such transfer order or amended division order as the Company may reasonably require. In no event
shall the Company be required to give effect to any change of interest of the undersigned prior to
the first day of the calendar month next following the month in which the Company is notified of
such change, regardless of the effective date of the instrument transferring the same.
J /
7. The undersigned hereby represent, grant to, and agree with the Company that the interest
of the undersigned and of the Company in and to the oil and gas which has or which may be produced
from the premises is in full force and effect and that all payments required to be made and all
acts required to be done by the Company with respect thereto have been performed. The undersigned
hereby releases the Company from any and all claims and damages arising from the purchase and
handling of oil or gas from the premises and for making any payments for settlements so long as the
same are made in accordance with the terms of the division of interest schedule set forth below.
8. In the event that the area or well described above, or any part thereof, is included in
one or more pooled or unitized units now or hereafter formed by order of any appropriate
governmental authority by agreement or otherwise, the undersigned and the Company recognize and
agree that settlement for oil and gas shall be made in accordance with the production allocated to
the premises above described without the necessity for the execution of additional or supplemental
division orders. To the extent that the premises as described above constitute a previously pooled
or unitized area, the same is hereby ratified.
9. The provisions hereof shall be binding upon and inure to the benefit of the Company and
the undersigned, their respective heirs, successors, administrators, and assigns. No change in the
ownership of any interest herein described shall have the effect of changing the binding nature
hereof. This instrument may be executed in counterparts with each counterpart considered to be a
binding agreement of the signatories thereto; and all counterparts, as executed, shall be
considered to be one instrument.
10. Should it be determined from time to time by the courts, any governmental agency having
jurisdiction, or the Company and the purchaser of production, that the prices or allowances, if
any, being paid to the Company and the amounts being disbursed to the undersigned are in excess of
lawful prices or prices agreed to with the oil or gas purchaser, and a refund is then required, you
agree to promptly refund such excess amounts so paid to you, including interest thereon, if
required. Additionally, the Company shall have the right to recover such excess amounts out of
future settlements hereunder to which you are entitled.
WHEREFORE, the undersigned have executed this Division Order in acknowledgment and consent to
the foregoing terms, warranties, and agreements.
WITNESS SIGN BEL OWNER SIGN BELOW: SS NO. OR TAX ID NO.
(3.:414;1‘51
84-6000813
Wel Counrt 'eTk & Recorde el County olorado
By : Jacqueline Johson P.O. Box 758
�/ TITLE : Chairman
'� ey„J Board of County Commissioners Greeley, Co 80632
Deput coun'*411k4k
no
IMPORTANT: TO AVOID DELAY IN PAYMENT, YOUR CURRENT ADDRESS AND YOUR SOCIAL SECURITY NUMBER OR TAX
o ACCOUNT NUMBER MUST BE SHOWN
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0 3 The foregoing instrument was acknowledged before me, a Notary Public, this day of
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BEFORE ME, the undersigned, a Notary Public in and for said county and state, on this day
O r personally appeared , known to me to be the person and
o officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same
was the act of the said , a corporation, and
W W that he executed the same as the act of such corporation for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN under my hand and seal of office this the day of , A.D.,
19
My Commission Expires: Notary Public
Address of Notary
020785
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