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HomeMy WebLinkAbout891086.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 Wichita Industries, Inc. , and WHEREAS, said lease covers land more particularly described as follows: Township 5 North, Range 64 West, 6th P.M. Section 6 : E}SW} 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 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' s staff 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. 891086 Page 2 RE: 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 11th day of October, A.D. , 1989. BOARD OF COUNTY COMMISSIONERS ATTEST: l WELD COUNTY, COLORADO Weld County C erk and Recorder and Clerk to the Board C.W rbby, hai an ' BY: ny�,y�o� ) eneR..B Brantner, Pro-Tem puty County 1 rk / APPROVED AS TO FORM: bonstance L. Harbert George County Attorney Gor a 891086 AR2194428 GAS DIVISION ORDER TO: ASSOCIATED NATURAL GAS, INC. M o P. O. Box 5493 U Denver, Colorado 80217 Attn: Division Order Department Lease No. 994 o Date August 3, 1989 ca Plant 7.31 oz O a 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 to- Q the proceeds derived from the sale of Gas produced and saved from the Silva #1 lease or unit located r4• In the County or Parish of Weld State of Colorado U more particularly described as follows: co a TOWNSHIP 5 NORTH, RANGE 64 WEST r+ Section 6: E'SW1y m OWNER NO. CREDIT TO DIVISION OF INTEREST DECIMAL NH .i H O H SEE ATTACHED EXHIBIT "A" FOR OWNERSHIP LISTING :7 co N r� tr., z � z (NJ O a Effective 8 AM date of first purchase , and until further notice, you are hereby authorized to take or retain possession • z of all Gas from said property(ies)on and after the effective day and to give credit as set forth above for all proceeds derived from the sale of Gas from said property(ies) subject to the conditions, convenants and directions set out below: VDut yr r ,...i o FIRST:It is understood that the Gas produced from the above-described property(ies)is being sold under that certain Gas Purchase and Processing Agreement dated December . 191-6--_, between Lyco energy Corporation • f" 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,the price to be paid for said Gas and the time when such payments are to be made.As used in this Division Order,the term"Gas"shall be deemed to include casinghead gas, gasoline and all other products which Associated Natural Gas, Inc. receives and/or recovers by processing from Gas produced from wells on said property(ies). All covenants appearing on the reverse side hereof are incorporated herein by reference and the undersigned agree that each shall be deemed and considered an essential part of this division order in like manner and with the same effect as if printed above our signatures. 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. Owners Sign Below Taxpayer Identification or Signatures of Witnesses (Enter Mailing Address) Social Security Number apribigist4Anti Weld County Board of Commissioners 84-6000813 B. • y ��71tii2 e� � J Address: P.O. Box 758 Greeley, CO 80632 Address: Address: ( r, i , b . L 8910% ,c n WHITE-Return to ANGI / YELLOW-For your records / PINK-ANGI file copy G 1s j n Jp o , 7 aR .iS9" xr Pu ti„ r 't • SECOND: Payments are to be made monthly by checks of Associated Natural Gas. Inc.to be delivered ie thereto entitled at the addresses above given,provided that if the amount due any owner is less than Twenty-Five a )IDcillars per month,Associated Natural Gas, Inc.,at its option. may defer the making of such payment until such time 'amount due exceeds said sum.The undersigned authorize Associated Natural Gas, Inc.to withhold from the proceeds 0 hill as referred to herein the amount of any tax placed thereon, or on the production thereof, including but not limited to any, r,production or occupation tax,by any governmental authority.local,state and/or federal and to pay the same in our behalf wkh111epMiSC9sds so withheld. fitg4l: en O 0 U THIRD: In Inc event of any adverse claim of title or in the event hue sna'ko not be satisfactory to Associated Natural gas,Inc at an/time o during the term of this Division Order, each of the undersigned agrees to furnish complete abstracts of title and other evidence of title Ni O sah slactory to Associated Natural Gas. Inc.and authorizes Associated Natural Gas lie to wilt held payment,without Oblrnation to am.. U interest on the amount so withheld until satisfactory indemndy shall be fumisnod tr Asociared Natural Gas. Inc.againsl s.,..r, adverse CJ claims or any such defects in title or until title shall be made sansfacto'y to Assocated Nat.,r ar Gus Inc Each undersigned part.y as to the r7 interest of such party hereunder, respectively agrees, in tie event;car . fled in any court at`e , rid r 9c to said Gas,either betc.e or alter Z a severance to indemnity and save harmless Associated Natural Gas Inc. Against any a-d all Ir to ,yy for loss,cost,damage, an expetse which Associated Natural Gas. Inc.may suffer or incur on account n' r,ceiving and papayir.d said,na'ty the proceeds derived from the saie O4 O c4 sad Gas Where Associated Natural Gas,Inc..pursuant to the provisions n reof.w thl off=r a,meht or any part thereof,each a titers igned • par ty y from whom payment is withheld severally agrees to indemnify arid Nature Gas crc harmless of and trot trOni all Irabl ity • for any tan together with all interest and penalties incident ,ter etc, rilpo,ed or as r aga ei paid by it on account 01 ihi orLe O sums so withheld from payment to said patty,and deduct all such;axes,interest and penalties So paid it from any sums owing by ,t'0 card • party CO iZ r1 .. W 2g FOURTH: fro undersigaedseve'ally agree to notify Aser one" N.r I.,r :r , „-,snip and no trench- ail r„�s ai sir,,: rr ir seen AssocrarectN tos'Gas Inc Lint,'r zing such transl er rriCr% i4 ,. c o; 'r, „f sli, be Purr,sh,d to A_soclale d Na Lira' .e, �'rve 8 AM on the f r CO U W,. P V.hich proper notice is received by A ',,, it• e.nr t .c • c '_,cis.Inc. is hereby rr • • , rer.p ' I,ty for arch rmrning d and when any of the interet' oeu l o''', '.to or be owned by ^.. I':o N Z p.l ass nr r _ r Alton C ,,r arge o' r ores o. ;r :',e-rs hereof whOee ,r-o .- ryt aft'ct ✓ siren money or other payments any ac , .. , in writing by rem ' r' O E add,e r. is As,oc ated Natural Gas Inc P O Bo. site t. 0erg R — s ler Department, who r-y s ai rear, 'n,'o payments have been completed or disci a•uea or v.r' , u' ,as,, c. , - mat set forth above shoji Io e reas Jr1 becm oe effective and to furnisn transfer order ac c rd ,. : ti t , v rt sr torte shall not be received As_oc,ate," CO D N NatoNatwar Gas Inc shall be held harmless in the event of sn is nee by rod i,eo ton ,ny and dl damage or loss which might arise our o+ tt W any overpayment. C rn z Z N rtt O FIFTH: 11 any portion of the proceeds derived from the sale of Gas is subject to refund under any order, rule or regulation of the Federal 'C4 Energy, Regulatory Regulatory Commission or the provisions of the Natural c Gas A or Natural SW F r: _ Acr c' 1978,Associated Natu ai Gas. C4 au mayCr without interest the portion of the proceeds subject „ refund unless moor's v sat„ t cry to Associated Natural Gas. Inc ha, 2S beer r st ed.or until Associated Natural Gas, Inc s refund obligal or h _seer t a t dr;rvr , c Iv any portion of the proceeds bar red iron- Ire sale of Gas is paid over by Associated Natural Gas, Inc under any ardor. rule or reghrati,cr of the Federal Energy Regulator, Vr r-I Commission or the provisions of the Natural Gas Act or Natural Gas Policy Act of 1978 Associated Natural Gas, Inc. is authorized to N M1 recover the amount of the refund applicable to the interest of each of the undersigned from future payments.or at Associated Natural Gas. ▪ O Inc.'s election,at may invoice the undersigned therefore,plus the legal rate of interest Associated Natural Gas,Inc.is or may be required 10 W Ili pay in connection with the undersigned's portion of the refund SIXTH: This Division Order shall become valid and hindeig ups': coon and evr y ,.Nile, ever yr-named upon execution hereof by suer owner regardless of whether or not any of the other above-named owners nave so signe0 If the pi uvisoons of this Division Order are in conflict with the provisions of any oil and gas lease covering the above described property/iesl the provisions of this Division Order snarl prevail Each undersigned owner ratifies and confirms his oil and gas lease as being in full force and effect as of the date hereof. ,t, 'ry111•t ' al 491086 — tali , 7 EXHIBIT A ' 994 OWNER.NO CREDIT TO PERCENTAGE INTEREST 9086 AMERICAN PETROLEUM PASSIVE INCOME 2.920399 0I M o FUND, LTD.-II AMER. ACQ. , GP OU O to 0 A a C34 19692 TERRY D. MEYER AND 0.973467 OI O a JOANNE D. MEYER 2 O • U 08m no 36011 BRENT J. MORSE 0.486733 OI O m U ` N x ri cE+ 38615 FREDERICK UPHAM 0.243367 DI .� u) N D tea a Cnz N^41 38623 KENNETH F. APPIS 0.243367 OI Cd N s4 N ti N 1129 LD COUNTY 0.477602 RI G0W 15507 KENNETH K OSAKI 7 .300999 RI 15508 JOE C SILVA AND MARIE N SILVA 7.300999 RI 45330 LYCO ACQUISITION 1984 80.053067 WI LIMITED PARTNERSHIP • 891336 • ASSOCIKTED NtSTU 1L G45, INC. INSTRUCTIONS TO ALL INTEREST OWNERS THE ENCLOSED GAS DIVISION ORDER OR GAS TRANSFER ORDER SHOULD NOT BE ALTERED IN ANY WAY EXCEPT TO CORRECT SPELLING ERRORS, UNLESS ACCOMPANIED BY DOCUMENTARY EVIDENCE TO SUPPORT THE CHANGE. If your name and interest are correctly shown: 1. Sign your name as shown on the Gas Division Order or Gas Transfer Order. 2. Have your signature(s) witnessed by two competent witnesses. 3. If your name has changed due to marriage or divorce, execute the Gas Division Order or Gas Transfer Order using your present name and furnish a copy of the marriage certificate or divorce decree. 4. If signing for a corporation, signature must be attested, corporate seal affixed and title of signatory party reflected. 5. If signed by agent, attorney-in-fact, guardian or any party other than the named interest owner, a certified copy of the power of attorney or other evidence of such party's right to sign must be furnished. 6. Gas Division Orders or Gas Transfer Orders for partnerships must be executed by all partners or by an authorized partner. A certified copy of the instrument giving said partner authority to sign must be furnished. 7. Should you fail to provide your correct Social Security Number or Tax Identification Number, the law provides that we withhold 20% of all production proceeds due you. You may also be subject to a further penalty levied by the Internal Revenue Service. 8. Your correct mailing address should be noted in the space provided to insure prompt receipt of production proceeds. 9. The white copy of the Gas Division Order or Gas Transfer Order should be returned to: ASSOCIATED NATURAL GAS, INC. DIVISION ORDER DEPARTMENT P.O. Box 5493 Denver, Colorado 80217 10. Should you have any questions regarding the enclosed Gas Division Order or Gas Transfer Order, please contact your Operator or Associated Natural Gas, Inc. at (303) 292-3331. 1401 SEVENTEENTH STREET• SUITE 600 • DENVER,COLORADO 80202 • (303)292-3331 OOff�++ MAILING ADDRESS, P.O.BOX 5493 • DENVER,COLORADO 80217 . xVv Hello