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HomeMy WebLinkAbout910025.tiff firi . 65- ie) 3 -- /ak * AR22 3813 3 RESOLUTION RE : APPROVE OIL DIVISION ORDER FROM ASSOCIATED NATURAL GAS , INC . AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS , the Board of County Commissioners of Weld County , Colorado , pursuant to Colorado statute and the Weld County Horne 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 Basin Exploration , Inc . , and WHEREAS , said lease covers land more particularly described as follows : Township 6 North , Range 65 West Section 31 : NW/4SW/4 Weld County , Colorado WHEREAS , Associated Natural Gas , Inc . 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 orderto 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 a member of 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 Oil and Gas Division Order as submitted by Associated Natural Gas , Inc . , 900 Republic Plaza , 370 Seventeenth Street , Denver , CO 80202 , 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 . B 1287 REC 02238133 01 / 10 / 91 11 : 53 X0 . 00 1 / 006 F 0450 MARY ANN FEUERSTE IN CLERK & RECORDER WELD CO , CO 910025 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 2nd day of January, A.D. , 1991. kizer4 BOARD OF COUNTY COMMISSIONERS ATTEST: / WELD COUN Y, OLORADO Weld Country Cldve Cord ac , man By:,it �gjA,Deputy;yC erhe oars Ge ge Kennedy, Pro-Tem y- C ���JJJJJJ APVR*7 4 (EXCUSED) Constance L. Harbert County Attorney C. W. Kirby t -2.-t . W. H. Webster B 1287 REC 02238133 01/10/91 11: 53 X0. 00 2/006 F 0451 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 910025 (CONDE= CAS YD OIL) 10: ASSOCIATED ISAMU OAS, ac. eNfAll ASSOCIATED TAMSPOSI AND TRADING SIONAWI ENTiCW) 722 (Gas) Post Office fir $493 lAsm'er, Mara& Wei? (Oil) ATIN: •Meister Order Sgerfa st tease No.50497 ate November 20, 1290 Kent The undersigned, and each of es, certify end guarantee that we are the legal owners of end hereby Mrrant the title to our respective interests in the proceeds derived from the sale of Cos end Oil (es sore individually defined herein produced end slu ed fres the Bucklen 12-31 lease or snit touted in the Canty or Parish o4 Weld state et Colorado sore particularly described es follows: TOWNSHIP 6 NORTH, RANGE 65 WEST Section 31: NW/4SW/4 MINER ND. CREDIT 10 DIVISION Of INTEREST MECUM SEE ATTACHED EXHIBIT "A" FOR OWNERSHIP LISTING Effective 8:00 A.N. November 1. 1990 , and until further notice, you are hereby authorized to take or retain po len of all Gas and Oil free said property(ies) on and after the effective day and to give credit es set forth above for all proceeds derived from the sale thereof from said property(ies) subject to the conditions, covenants end directions set out below: FIRST: It is understood that the Gas produced from the mbove-described property(ies) is being sold seder that certain Eas Purchase and ►rocessino Agreement dated November 27, 79 85 , between Basin Exploration. inn- es 'Geller' end ASSOCIATED NATURAL GAS, INC. es •Guyer', end that ell terms and covenants contained therein, and in any amendments, extensions, or renewals thereof shall govern and be binding upon the arties 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 casirphead gas, gasoline and all products which Associated Laurel Gat, Inc. may receive and/or recover by processing fro, Gas produced frog wells on said property(ies). All covenants appearing on the reverse side hereof ere incorporated herein by reference and the undersigned agree that each shall be deemed end 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 11.4 any claim against ANGI and ATTCO for any and ell amounts which may be due us from others for production prior to the effective date hereof. Owners Sign Selo, Taxpayer identification or - tur of it � es ( ress) Social Security Number 84-6000813 ► , x:Tr,�, ri^^sfi ��!s Chairman Weld County oard_ of CommisHioners Deputy Cler to th-. Address Board P.O. Box 758. Greeley. CO 80632 Address 't Address B 1287 REC 02238133 01/10/91 11: 53 §0. 00 3/006 F 0452 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO GIGCOND: The Weed 'Otto et wed herein shell Mtlsde, but It net limited ta. Oer10entete end all marketable liquid hydrecerbons *righted end sowed hereunder, but eactudlrg that recovered fees processing Of Gat. All Oil received end esedhesedherelsnder:ehal l be eerchenteble 011 and shall became the property of ATTCO et seen es the same ft received Into its tuetedy Or that Of any terrier it designates. ATTW Shall not be talented to restive Oil Indefinite etiantitiet, tar for fined periods, nor to provide storage. IMIbe: the Oil received end purchased berwder shell be delivered f.o.b. to eny terrier ATTko designates Which gathers and receives said Oil end ATTCO egrets to pey fee such oil to the undersigned according to the division of interests herein specified et the price agreed upon between ATTCO end the lease operator. • fOIIRTN: Quantities Of 011 purchased hereunder ehell be deteroined by the method cif measurement end eaeput•tien employed by ATTCO err ATTCO's agent designated to receive such Oil including but not by Wey of limitation, the gauging of Storage tenks usirg regularly compiled ten& tebles, the use of certified truck gauges, end the use of meters or any ether reasonably accurate oethed of measurement end computation. Ailed shall correct the volume end gravity to a temperature of O[P Fahrenheit and shall deduct free such corrected solute the full percentoges of besic Sediment, Water and Other impurities ms sham by its test. ATTCO may refuse to receive any Oil it considers to be not oerchanteble. FIFTH: Deyments ore to be Bade monthly by decks of ANGI for Ges end ATTCO for Oil to be delivered or mailed to the parties thereto entitled at the add bove given, provided that if the amount due any owner is less than Twenty-live end 03/100 Dollars ($25.00) per month, ANGI or ATTCO, et its option, may defer the making of such payeent until such time es the aggregate amount due exceeds said sus. The undersigned authorize ANGI end ATTCO to withhold from the proceeds of any and all Gas end Oil referred to herein, the amount of any tax placed thereon, or on the production thereof, including o0 but not lisited to any severance, production or occupation tax, by any governmental authority, local, e state and/or federal, and to pay the tear in our behalf with the proceeds so withheld. � p GIRTH: In the event of any adverse claim of title or in the event title shall not be satisfactory to U ANGI or WITCO et any time during the term of this Division Order, each of the undersigned agrees to A furnish complete abstracts of title and other evidence of title satisfactory to ANGI and/or ATte0 and a authorizes sate to withhold payment without obligation to pay int on the amount so withheld, until O DI satisfactory indemnity shall be furnished to ANGI end ATTCO. Each undersigned party as to the interest of such party hereunder respectively egrets, in the event suit is filed in ony court effecting title p g to amid Gas and/or Oil, either before or after severance, to indemnify and save hareless ANGI end ATTCO �y W apainst any and ell liability for loss, cost, damage end expense which ANGI or *TYCO may suffer or incur aon account of receiving end paying said party the proceeds derived free the sole of said Gas end/or p oil. Where ANGI and/or ATTrO, pursuant blithe provisions hereof, withholds payeent or any pert thereof, U each undersigned party from whose payment is withheld severally egrets to indemnify and hold ANGI end a ATTCO harmless of and free all liability for any tax, together with all interest end penalties incident rn thereto, imposed or assessed against or paid by them on account of the sue or sums so withheld froe •. sea payment to said party and deduct all such sexes, interest end penalties so paid by thee fret any suss owing by they to said party. It .suit is filed effecting the interest of the undersigned, written '~ x notice thereof shall be even ANGI and ATTCO at the above address b the undersigned,IY, 0 by p together With W m certified copy of the complaint or pewition filed. If ANGI or ATTCO are made a party to such •� a proceedings, the undersigned agrees to indemnify some against any judgment rendered therein and to an U reimburse ANGI and ATTCO for any costs, attorney's lees or other expenses incurred in connection • ° Z therewith. i H ,may E-4 41 SEVENTH: The undersigned severally agree to notify ANGI and ATTCO of any change of Ownerthip end no co to transfer of interest shall be binding upon ANC) or ATTCO until transfer order end the recorded Winstrument evidencing such transfer, or a certified copy thereof, shall be furnished to ANGI or ATTCO. r„1 Transfer of interest shall be made effective 11:03 a.m. on the first day of the colander month in which r•1 W proper notice is received by ANGI end ATTCO. ANG1 end ATTCO are hereby relieved o1 eny responsibility H W for determining if and when any of the interests hereinabove set forth shall or should revert to or 0o be owned by other parties as • result of the completion of discharge of money or other payeents trot M Z said interests and the signers hereof whose interests ere affected b such mono or other N Z D y y payeenta. N r•C if any, agree to Dive ANGI and ATTCO notice in writing by registered letter addressed to ANG1 and ATTCO at the above address, directed to Division Order Department, when any such money or other payeents have U a been coepleted or discharged, or when any division of interest other than that set forth above shall. W tAfor any reason, berate effective and to furnish transfer order accordinply end that in the event such a notice shall not be received. ANGI and ATTCO shall be held harmless in the event of, and ore hereby released frog any and all dement or loss which might arise out of any overpayment. Should adjustments co ul be necessary, ANGI and ATTCO shall have rights (cwt no duty) to set off any and ell individual or joint N ,er liabilities the undersigned has with same, including but not limited to proceeds troy this and other lease interests owned by the undersigned. PI W • EIGHTH: If any portion of the proceeds derived from the sale of Gas is subject to refund under any order, rule or regulation of the federal Energy Regulatory Cone.isilion oe the provisions of the Natural Gas Act or Natural Gas Policy Act of 1978, ANGI may hold without interest the portion of the proceeds subject to refund unless indemnity satisfactory to ANGI has been furnished, or until ANGI's refund obligation has been finally determined. 11 mny portion of the proceeds derived free the sale of Gas is paid over by ANGI under any order, rule or regulation of the Federal Energy Regulatory Commission or the provisions of the Natural Gas Act or Natural Gas Policy Act of 197E, ANG1 end ATTCO are _ . _ .. .. omtr_nt a! the refund applicable to the interest of each of the ..r.devaigned fro' future•payments (Gas end Oil) or at ANGI's election, it may invoice the undersigned therefor, plus the legal rate of interest ANGI is or may be required to pay in connection with the undersigned's portion of the refund. NINTH: If the undersigned is • working interest owner ahrd/or operator, he or she guarantees and warrants that all Gas end Oil tendered hereunder hes been or will be produced and delivered in cooplience with all applicable federal, state and local laws, orders, rules and regulations. TENTH: This Division Order shell become valid end binding upon each end every owner above named upon execution hereof by such owner regardless of whether or not any of the other above-named owners.heve so signed. Nc terainetion o1 this Division Order shall be effective without giving thirty (30) days prior written notice. If the provisions of this Division Order are in conflict with the provisions of any oil and pas lease covering thr above-described property(ies), the provisions of this Division Order shell prevail. Each undersigned owner ratifies and cemfires his oil and pas lees. as being in full force and effect as of the date hereof. Inconsideration of thr purchase of Gas and Oil hereunder , consent is given ANG1 and ATTCO and any pipeline company which seta may cause to connect with the wells end tents or, said lend, to disconnect end remove such pipelines. in cost of tersinetion by either ANG1 Or LT1CC, 0' thr undersignet of any Du•cheset under this Division Order . In the event of conflict het wet-. tht pro,is ions of this Divine. Drdr, and app'. icat.!e la. o' repot al ions, thr prow is ions o1 this D+vrno-. weir• shell be creme^ eodiltec so as le comply vilr. su;h to. or rty.,:et soy. EXHIBIT A 722 OWNER. NO CREDIT TO PERCENTAGE INTEREST 3622 CITY OF GREELEY 1 . 855754 RI DIRECTOR OF FINANCE 9523 WELLSTAR CORPORATION 16. 154594 WI 14581 WALTER C. TODD COMPANY 0. 017055 OI 15261 HAYNIE OIL INC 0. 083243 OI 15578 CODA ENERGY, INC. FORMERLY 60. 352000 WI CHAPMAN ENERGY BA, INC. 22632 PAULA J MEADOWS 1. 502535 DI 25363 WELD COUNTY 3. 329717 RI BOARD OF COUNTY COMMISSIONERS 29703 BASIN OPERATING FAO BASIN 3. 200000 WI EXPLORATION CO. 35684 J. P. SCHALTEGGEK/ MARC H. 0. 146703 OI LOIWRANCE A/I/F 35692 EUTEX FINANCE LTD 0. 146703 OI SUMMIT NATIONAL BANK 36732 TURF PETROLEUMS, LTD. 0. 079081 OI 41718 BUCKLEN EQUIPMENT COMPANY INC 6. 827641 RI 41726 WILLIAM G. CREWS, AS CUSTODIAN 0. 616472 DI FOR BRENDA A. CREWS 41734 WILLIAM G. CREWS, CUSTODIAN 0. 616472 OI FOR KAREN M. CREWS 41742 ANNA MARIE WILCOX 0. 122282 RI 41751 ALMA V. THOMAS 0. 122282 RI 41769 RALPH A. COWAN 0. 046942 RI 41785 GERTRUDE L. DI PPFL 0. 122283 RI 41793 HELEN B. EISEMAN 0. 122283 RI 41806 ELMO B. FOSTER O. 12283 RI 41814 JOSEPH W. FOSTER 0. 122283 RI B 1287 REC 02238133 01/10/91 11 : 53 X0. 00 5/006 F 0454 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT A 722 OWNER. NO CREDIT TO PERCENTAGE INTEREST 41822 MARGUERITE D. HOPKINS 0. 122283 RI 41831 MARY M. SAUTER 0. 122282 RI 41849 THE ELKHORN COMPANY 2. 370546 RI 41857 NORWEST BANK CHEYENNE, N. A. 0. 122282 RI TRUSTEE U/A FOR EDNA E. TELLER 41865 G. FLOYD ►1DAMS 1. 222826 RI 41873 CORA ARAGON 0. 039118 RI 41881 RUTH L. BRICHER 0. 122283 RI 41890 RICHARD F. BUCKLEN AND 0. 169772 RI SUSAN MARIE BUCKLEN ### 100. 000000 B 1287 REC 02238133 01/10/91 11 : 53 X0. 00 6/006 F 0455 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Hello