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HomeMy WebLinkAbout871108.tiff RESOLUTION RE: APPROVE DIVISION ORDER FROM TOTAL PETROLEUM, INC. , 515 CENTRAL PARK DRIVE, OKLAHOMA CITY, OK 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 Sunshine Valley Petroleum Corporation, and WHEREAS, said lease covers land more particularly described as follows: N/2 SW/4 Section 1-5N-65W as to production from the surface down to 100 feet below the base of the Codell formation, Weld County, Colorado WHEREAS , Total Petroleum, Inc. has submitted a 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 Division Order as submitted by Total Petroleum, Inc. , 515 Central Park Drive, Oklahoma City, OK 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. F _ 871108 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 12th day of August, A.D. , 1987 . /% BOARD OF COUNTY COMMISSIONERS ATTEST: � WELD COU TY OL ADO Weld County lerk and Recorder and Clerk to the Boa Gor . La , airman C.W. Kirby, Pr Tem D uty County Cl k EXCUSED APPROVED AS TO FORM: Gene I ,Bra t' er ;1a ue ne Johns n County Attorney Frank amaguchi 871108 TOTA L Total Petroleum,Inc. e((7��� P SUITE 200 515 CENTRAL PARK DRIVE OKLAHOMA CITY.OKLR��FA7IAA p •,-. . F 'IECEPHONE 405 525-8100 August 5, 1987 AUG 1 01997 gi' ''I GRE=LE". COL:: Lease No. 67564 - Gatewood 11-1 Weld County, Colorado Dear Interest Owner: Pursuant to the Division Order Title Opinion recently received by Total Petroleum, Inc. , enclosed are Division Orders reflecting the mineral and leasehold ownership in the subject property. Please check your interest, and if shown correctly, sign one copy of the Division Order in the space indicated, making sure the signature is witnessed or attested as necessary. Show your Social Security or tax identification number and the address to which checks should be sent, then return the fully executed copy to this office. Retain the second copy for your file. Upon receipt of the executed Division Order and satisfaction of any applicable title requirements, your interest can be released for payment. Very truly yours, AL gitt; if; Chris A. Night ale Division Order aly (405)557-7062 CAN:aw Enclosures 871108 /L CO/ 5 Total Petroleum, Inc. DIVISION ORDER Lease No. 67564 CAN To: 515 Central Park Drive Oklahoma City, OK 73105 August 5 • , 19 87 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 SUNSHINE VALLEY PETROLEUM CORPORATION — GATEWOOD 11-1 farm or lease, located in Weld County, State of Colorado more particularly described as follows: AR2111215 N/2 SW/4 Section 1-5N-65W as to production from the surface down to 100 feet below the base of the Codell formation N O O U Effective 7 a.m., Npiyy/�f/ FIRST RUN (June 5 , is 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: O U CREDIT TO DIVISION OF INTEREST ADDRESS oW o oa hw a SEE PAGE TWO FOR 0 DIVISION OF INTEREST .. w O - x w I` a co Li N H N H COW CO E om a N CC14 FIRST: The oil purchased in pursuance of this Division Order shall be merchantable and become your property p n delivery thereof to you r to any pipe line designated by vim.N W Quantities of oil run and purchased hereunder shall be computed in terms of 42 U S gallons per barrel from regularly o piled tank tables showing the full capacity ocapacitz of the tanks. Corrections for temperature and deductions for dirt, sediment and other impurities are to be made in accordance with your rules, regulations and customs in affect at the time and place of delivery The oil shall be steamed or treated when necessary to render it merchantable. Z SECOND:The it received in pursuance of the Division Order shall be paid for to the parry or parties . titled thereto accorchng to 1 of interests shown above at the price tor each N < day's receipts posted and upon the basis therein indicated on that day by you for the same kind and quality of oil in the field in which [ is received. If it is necessary to transport imude el O hereunder by truck,then,in that event you are authorized to deduct from such price the trucking charges. together with Federal Transportation Tax thereon.Should the oil be sold by you to another purchaser accepting delivery thereof at the lease tanks, settlement thereof shall be based upon the price received by you for h oil and upon the volume computation made by such <) ci purchaser. Payments shall be made monthly for oil received and purchased during the preceding month by your checks delivered mailed to the respective parties at the addresses stated. W However it is agreed, if the amount payable to any of the undersigned is less than Ten Dollars during any month.you may withhold payment thereof, without interest and in lieu of monthly settlement,make payment at such time as a minimum sum of Ten Dollars has accumulated to the credit of the undersigned; provided, however, that settlement shall he made at least once during each calendar year. regardless of the amount which has accumulated to the credit of the undersigned.Pipe line grades and measurements are to govern and control in all settlements. N subject to the provisions of price postings above referred to concerning computation of quantities. The undersigned authorize you to withhold from the proceeds of any and all runs made hereunder the amount of any tax placed thereon,or on the production thereof,by any governmental authority,and to pay the same in our behalf. VJ 'C r-1 O THIRD. In case of any question, controversy or adverse claim of title which in your opinion adversely affects title to any imerest credited hereunder or in case title shall not be rf '-I satisfactory to you at any time during the term of this division order. each of the undersigned agrees to furnish complete bst-ct of title and other evidence of title saustactory to y m and authorizes you to retain the purchase price of the oil without obligation to pay interest on the amount so withheld, until satisfactory indemnity shall be ru coshed you against such question, co W controversy,adverse claim or any such defects in title or until any question.controversy,adverse claim or defect to owners'title is settled in your satisfaction, In the event suit is filed in any court affecting title to oil purchased hereunder. either before or after severance, the undersigned agree to indemnify and save you harmless from any and all costs in connection with such action. including attorneys' fees:and further the undersigned agree to indemnify and save you harmless and any carrier transporting said ml for your account against any and all liability for loss,cost,damage and expense,including attorneys'fees,which you or the carrier may suffer or incur on account of receiving, transporting and paving us for said oil. FOURTH:The undersigned severally agreeto notify you of any change of ownership and no transfer f interest shall be binding upon you until transfer order and the recorded iinstrument evidencing such transfer,or a certified copy thereof, shall be furnished you. Transfers of interest shall he made effective on the first day f the calendar month in which nonce received by you. You are 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 either as a result of the completion or discharge of money or other payments from said interests, or otherwise:and the signers hereof whose interests are affected by such money or other paymenty. ii any,or by the reversion or change 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 anv such money or other payments have been completed or discharged or when any other division of interest than that set forth above shall, for any reason. become effective and to furnish transfer orders accordingly,and that in the event such notice shall not be received, you shall be held harmless in the event of.and are hereby released from any and all damage or loss which might anse out of any overpayment.The undersigned hereby further agrees to reimburse you for all amounts incorrectly paid to the undersigned for the above-described property. FIFTH: Working Interest owners and/or Operators who sign this Division Order, and each 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 be produced in accordance with applicable laws and/or official rules and regulations. SIXTH:This Division Order shall become valid and binding on each and every owner b ve named as soon as signed by such owner. regardless of whether or not all of the above named owners have so signed and shall likewise be binding upon the heirs personal representatives,successors and assigns of the parties hereto,and the undersigned hereby agree to all the arms and conditions of the Division Order now in effect and force. SIGNATURE OF WITNESI,� SIGNATURE OF OWNERS 4 it SOCIAL SECURITY OR ATTEST • =, —. AXEA YER NUMBER WELD COUNTY, COLORADO • BY K 8/12/87 84-6000-813 • epu y Co 0 �x c �•,... i G ac hairman Address: P.O. Box 758 915 10th Street 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, 340013 RI1/84 QPCo a/1198 DIVISION ORDER - PAGE TWO m W LEASE NO. 67564 GATEWOOD 11-1al WELD COUNTY, COLORADO u CREDIT TO: FRACTIONAL INTEREST DECIMAL INTEREST k m 0 'fJ N 2 Z NOFFSINGER MANUFACTURING CO. , INC. 1/2 x 77.93/78.67 x 1/8 .0619121 R.I. N t�7r SOUTHMARK ACQUISITIONS, INC. 1/2 x 77.93/78.67 x 1/8 .0619121 R.I. • u cn• o WELD COUNTY, COLORADO .74/78.67 x 1/8 .0011/58 R.I. y m tTj AEON ENERGY CO. NO INTEREST z o n co ALARADO RESOURCES, LTD. .625% x 77.93/78.67 .0061912 O.R.I. TED E. AMSBAUGH .453125% x 77.93/78.67 .0044886 O.R.I. x• o a JEANNE A. ANDERSON .025% x 77.93/78.67 .0002476 O.R.I. to l] BUDDY BAKER .25% x 77.93/78.67 .0024765 O.R.I. O d BARRETT ENERGY COMPANY .565625% x 77.93/78.67 .0056030 O.R.I. u o STEPHEN B. EVANS .453125% x 77.93/78.67 .0044886 O.R.I. tin o r r7 NEWPORT EXPLORATION, INC. 2.5% x 77.93/78.67 .0247648 O.R.I. O N GARY SANDLIN .625% x 77.93/78.67 .0061912 O.R.I. - o n o BARRY L. SNYDER .453125% x 77.93/78.67 .0044886 O.R.I. O CHRISTINA L. SNYDER .09375% x 77.93/78.67 .0009287 O.R.I. VICKI L. WAMBOLT .0375% x 77.93/78.67 .0003715 O.R.I. LAURENCE N. WATTS .09375% x 77.93/78.67 .0009287 O.R.I. ZENITH DRILLING CORPORATION .2% x 77.93/78.67 .0019812 O.R.I. COORS ENERGY CO. (1/2 x 13/16 x 77.93/78.67) plus (1/2 x 7/8 x .74/78.67) .4065440 W.I. SUNSHINE VALLEY PETROLEUM CORPORATION A/C MAZUMA TURNKEY CONTRACTORS, INC. (1/4 x 81% x 77.93/78.67) plus (1/4 x 7/8 x .74/78.67) .2026529 W.I. MOUNTAIN OIL & GAS, INC. (1/4 x 81% x 77.93/78.67) plus (1/4 x 7/8 x . 74/78.67) .2026529 W.I. 871108 Hello