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HomeMy WebLinkAbout860134.tiff RESOLUTION RE: APPROVE OIL DIVISION ORDER FROM TEXACO TRADING AND TRANSPORTATION, INC. , P.O. BOX 5568 , 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 which has been assigned to Conquest Oil Company, and WHEREAS, said lease covers land more particularly described as follows: Township 6 North, Range 65 West, 6th P.M. Section 19 : N1 NWQ Weld County, Colorado WHEREAS, Texaco Trading and Transportation , Inc. has submitted an Oil 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 Oil Division Order as submitted by Texaco Trading and Transportation , inc. , P.O. Box 5568 , 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. 860134 Page 2 RE: OIL DIVISION ORDER - TEXACO The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of January, A.D. , 1986 . ‘1710.7 m U/wv: 4AAS BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder \ and Clerk to the Board ,- •u ne Jol {�pTx� on, Chairman ;`-BY• ey t cL L-7- 4-4--) 4 Brantner,, Pro-Tem eputy County C rk APPROVED AS TO FORM: C. . K, C7 ! /-CfT.k J ' L K t- A . County Attorney F ank Yam u • 860134 JVimia DIVISION ORDER NEW TO: Texaco Trading and Transportation Inc Lease No 50263 P. O. Box 5568 Denver, Colorado 80217 AR20411d5 Date January 17, 1986 TEXACO The undersigned, and each of them, guarantee and warrant that they are the legal owners of their respective interests, in the proportions hereinafter stated, in all oil produced and saved from the Conquest Oil Company -- Monfort 11-19 lease, located Weld County, State of Colorado described as: Township 6 North, Range 65 West, 6th P.M. Section 19 : N/2 NW/4 Effective at 7:00 A.M. Date of First Purchase , and until further written notice, you are authorized to receive all such production, for your own purchase or for resale, to receive payment therefor. to give credit for all proceeds derived therefrom and pay therefor as follows: OWNER NO. CREDIT TO DIVISION OF INTEREST FOR DIVISION OF INTEREST, SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF B 1101 REC 02041125 01/30/86 11 : 32 $0. 00 1/003 F 0770 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • 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 esential part of this division order in like manner and with the same effect as if printed above our signatures. YOUR COPY SOCIAL SECURITY OR SIGNATURE OF WITNESS SI OWNER TAX I.D. NUMBER X Y 84-6000-813 ‘1.)4 "ki ,- C airm ATTEST: ° la.x. ;t f v p'Q",,. S '.",`pry, oard of County Commissioners ;1 By: o „ eputy unty Cle /✓ MAIL CHECKS TO FOLLOWING ADDRESS: X Board of County fnmmi cci nnarc P.O. Box 758 Greeley, CO 80632 o TTT-2 8601311 Zip a •Any alteration to the provision will void this division order, unless prior approval is obtained,• The following covenants are also part of this division order and shall become valid and binding upon each and every in- terest owner above named upon execution hereof by such interest owner. and upon his or her successors, legal representatives and assigns, without regard to whether any other interest owner or owners have so signed, FIRST: All oil received and purchased hereunder shall be merchantable oil and shall become your property as soon as the same is received into your custocy or that of any carrier designated by you. SECOND: The oil received and purchased hereunder shall be delivered f.o.b. to any earner designated by you which gathers and receives said oil and you agree to pay for such oil to the respective owners according to the division of interests herein specified at the price being posted or paid by you at the time of such delivery: provided, however, that whenever it shall become necessary to truck oil from the leased premises, the additional costs resulting therefrom shall be deducted from the pur- chase price prior to computing payments to be made hereunde 'g *berm od'r as used in this division order, shall include all marketable liquid hydrocarbons. ' r ry) t • THIRD: You shall compute quantity and quality, making corrections for temperature and deductions for impurities, accord- ing to the customs and prevailing practice in effect at the time and place of delivery and subject to rules and regulations prescribed by any governmental authority having jurisdiction in the premises. FOURTH: Payments shall be made monthly for oil received and purchased during the preceding month, by your checks delivered or mailed to the respective parties at the addresses above stated: provided that if, at any time, the monthly payment due any party hereunder shall be less than ten dollars($10.00), you may defer such payment, without interest, until the amount payable to such party equals or exceeds the sum of ten dollars in which event, payment shall be made at the next regular set• dement date. You are hereby authorized to withhold from the proceeds of any and all runs made hereunder each interest own er's proportionate share of any tax levied and assessed by any governmental authority on the oil received and purchased here- under and to pay the same in our behalf. FIFTH: Satisfactory abstracts or other evidence of title will be furnished to you at any time on demand. Upon failure to furnish such evidence of title. or in the event of a claim or controversy which, in your opinion, concerns title to any interest hereunder, you may withhold, without interest and without liability, proceeds of all oil received by you hereunder until you have been furnished with indemnity satisfactory to you or competent evidence that such claim or controversy has been settled. In the event any action or suit is filed affecting title either to the real property above described or to the production therefrom in which any of the interest owners are parties, written notice thereof stating the court in which the same is filed shall be imme- diately furnished to you by such owner against whom the action is commenced. Each interest owner agrees to hold you harm- less and to protect and indemnify you against any and all loss, cost , expenses or liability which may arise from such suit. SIXTH: Working interest owners and or operators who execute this division order, and each of them, guarantee and war- rant that all oil tendered hereunder has been or will be produced and delivered in compliance with all applicable federal, state and local laws, orders. rules and regulations. SEVENTH: No transfer of any interest or change in the right to receive payments hereunder. however accomplished, shall be effective as to you until 7:00 A.M. on the first day of the calendar month in which you are furnished a proper division or transfer order together with proof satisfactory to you evidencing such transfer or change in the right to receive payments here- under, and you are hereby relieved of any and all liability for payments made prior to receipt of a proper transfer order and a certified copy of the instrument of transfer. EIGHTH: This division order shall remain in full force and effect until cancelled by any party hereto upon giving sixty days written notice in advance of any such cancellation which shall be mailed to the respective parties at the addresses shown herein. Cancellation by any interest owner or owners shall not be effective as to the interests of any other owner. B 1101 REC 02041125 01/30/86 11 : 32 $0.00 2/003 F 0771 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "A," LEASE NO 50263 OWNER NO CREDIT TO DIVISION OF INTEREST ROYALTY INTEREST 49975 C. Randall Bain, as Trustee under the will of D. Alvin Berg, Deceased . 0306302 oM u 49976 C. Randall Bain, as Personal Representative . 0306302 - of the Estate of Edna W. Berg, Deceased M U 49977 Monfort Energy Resources , Inc . . 0469924 a o W 0 3 53723 Weld County, Colorado Weld County . 0029604 W Centennial Center — _--_ — - U49978 Western Gas Supply Company . 0002146 en• 49979 Beryl Willits & Donna Willits , . 0222629 as joint tenants OVERRIDING ROYALTY INTEREST ko m t) o z 49980 John G. Brant, Trustee of Doussard, Brant Hodel . 0016238 H & Markman Profit Sharing Trust under o z Agreement dated August 6 , 1982 w N w 49981 William M. Butler . 0011258 o z 47093 Conquest Oil Company . 0410193 < a a 61175 Coors Energy Company . 0088381 w a 49982 Larry Grace . 0015011 O N .1 0 24356 H&C Colton Company . 0019215 Ga 65621 H&I Investments , Inc . . 0037526 07104 C .A. Patchen . 0086602 37168 SBH Financial Corporation . 0024618 49983 Central Bank of Denver for the account of . 0124244 St. Michael Exploration Company 49984 Theodore D. Sheldon . 0146298 49985 Charles E. Tatham, III . 0016238 49986 Judene M. Tatham . 0016238 89154 J. Cleo Thompson & James Cleo Thompson, Jr. . 0015011 a partnership 24349 Frank Wilson, Jr. . 0057645 49987 Vince Allen XI 81 Program, Ltd. . 0003377 49988* Wilken Ltd. . 0075000 WORKING II1T`fREST 49988* Wilken Ltd. . 7500000 TWO INTERESTS * NOTE: THIS EXHIBIT IS MADE A PART OF THIS DIVISION ORDER AND SHOULD NOT BE REMOVED 850135 III Texaco Trading and Transportation Inc 1670 Brradway Denver 00 80202 303 861 1475 January 17 , 1986 Re : Lease No. 50263 - Monfort 11-19 Weld County , Colorado Dear Interest Owner : The enclosed Division Order has been prepared on the basis of documentation provided . Please examine the Division Order for accuracy and if you are in agreement with the interest set forth , execute one copy , retain- ing the copy provided for file and future reference . A correct mailing address and Social Security or Tax Identification Number are necessary and should be included in the spaces provided . The executed and witnessed copy should then be returned to our office . If the fully executed Division Order is received in our office on or before the 28th of the month , we can release payment for prior purchases on the 21st day of the following month, providing that the accruals to your interest amount to at least $10 . 00 . Enclosed is a Certification and Election Form. Please complete as to all blanks ; execute , date and return to us at the address shown above , accompanied by the executed Division Order . Please refer to our lease number and your owner number in any communication with our company so that we can respond promptly. Very truly yours , L1� /jack R. Voice Senior Analyst Title Department JRV/smm/m la Encl . 86013,11 Hello