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Home My WebLink About920946.tiff ARiLIQS45H RESOLUTION Lo RE: APPROVE GAS DIVISION ORDER TO ASSOCIATED NATURAL GAS, INC. FROM THE ROBERT GERRITY COMPANY AND AUTHORIZE CHAIRMAN TO SIGN O U Ca WHEREAS, the Board of County Commissioners of Weld County, Colorado, o w pursuant to Colorado statute and the Weld County Home Rule Charter, is vested o with the authority of administering the affairs of Weld County, Colorado, and o 69- w A pWHEREAS, Weld County, Colorado, has received a Gas Division Order to Associated Natural Gas, Inc. , P.O. Box 5493, Denver, Colorado 80217, from The N c4 Robert Gerrity Company, 4100 East Mississippi Avenue, Denver, Colorado 80222, .. w and N a WHEREAS, said Division Order covers land more particularly described as O follows: 0 z o ~ Township 4 North, Range 64 West, 6th P.M. o F' Section 27: WIINW* limited between the surface HC.1) of the earth to the base of the co D Codell Formation vi w Weld County, Colorado <r C=4 oz N 4 WHEREAS, Weld County is entitled to a one-eighth royalty interest on production, and c.) w M N WHEREAS, in order to receive said royalty interest, Weld County must n o execute said Division Order, a copy of which is attached hereto and incorporated 0 o herein by reference, and Zr'. 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 Gas Division Order to Associated Natural Gas, Inc. , P.O. Box 5493, Denver, Colorado 80217, from The Robert Gerrity Company, 4100 East Mississippi Avenue, Denver, Colorado 80222, 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. 920946 I GfZIRi cc 0!06-L(1'v 0 ) Cwt-K! l y GAS DIVISION ORDER - ASSOCIATED NATURAL GAS, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of September, A.D. , 1992. O Oo U Wu�17 BOARD OF COUNTY COMMISSIONERS c\v O ATTEST: WELD COUNTY, COLORADO O Weld County Clerk to the Board o 3 Geor e Kennedy, Chairman 0 04 BY: 24 /�'�`�� 15Gde fief f✓�/c 41- a Deputy C e to the B '�� Constance L. Harbert, Pro-Tem APPROVED 'AS TO O t: a C. W. Kirby F. J'- w County Attorney ki& E Gor :' ` N a •t�ig:612AR rnU OH W. H. Webster O H O F r$ U) co w Ln 0 In w Lw 0 2 r1 2 a O w a M M 111 M I H HI O 920946 LMC:LS GAS DIVISION ORDER TO: ASSOCIATED NATURAL GAS, INC. P.O. Box 5493 Denver, Colorado 80217 Lease No. 2474 Attn: Division Order Department Date September 18. 1992 Plant 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 Lehfeldt C27-I & 5 lease or unit located inehounrePfromthe sale ofGWeplro�duced and saved from the Colorado more in the County o or Parish of State of particularly described as follows: TOWNSHIP' 4 NORTH, RANGE 64 WEST, 6th P.M. SECTION 27: W/2NW/4 limited between the surface of the earth to the base of the Codell Formation OWNER NO. CREDIT TO DIVISION OF INTEREST DECIMAL FOR DIVISION OF INTEREST SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Effective BAM Date of First Purchase ,and until further notice,you are hereby authorized to take or retain possession 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: FIRST:It is understood that the Gas produced from the above-described property(ies)is being sold The under that certain Robert ain Gas Gerrity purcCase ompany and Processing Agreement dated_Au_guS_t--2-8 ,199 L ,between 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 : Signatu4alos Witnesses (Enter Mailing Address) Social Security Number ATTEST: 84-6000813 ILJ �►� L.ar.11< �--� W r COU 1Y y TO BO' :D C AIRMAN, ELD COUNTY BOARD OF COMNISSIONERS 09/30/92 BY: �a L� i Esc Address: P.O. BOX 758 `UT C Ti BOA' P GREELEY, CO 80632 Address: Address: B 1353 REC 02305458 10/01/92 16 : 22 $0 .00 3/006 F 0104 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO WHITE- Return to ANGI / YELLOW- For your records / PINK -ANGI file copy 920946 L' 0 31 e • SECOND: Payments are to be made monthly by checks of Associated Natural Gas,Inc.to be delivered or mailed to the parties thereto entitled al the addresses above given,provided that if the amount due any owner is less than Twenty-Five and 00/100($25.00)Dollars per month,Associated Natural Gas,Inc.,at its option,may defer the making of such payment until such time as the aggregate amount due exceeds said sum.The undersigned authorize Associated Natural Gas, Inc. to withhold from the proceeds of any and all Gas referred to herein the amount of any tax placed thereon,or on the production thereof,including but not limited to any severance. production or occupation tax,by any governmental authority,local,state and/or federal,and to pay the same in our behalf with the proceeds so withheld. THIRD: In the event of any adverse claim of title or in the event title shall not be satisfactory to Associated Natural Gas.Inc.at any time during the term of this Division Order,each of the undersigned agrees to furnish complete abstracts of title and other evidence of title satisfactory to Associated Natural Gas,Inc.and authorizes Associated Natural Gas,Inc.to withhold payment,without obligation to pay interest on the amount so withheld,until satisfactory indemnity shall be furnished to Associated Natural Gas,Inc.against such adverse claims or any such detects in the title,or until title shall be made satisfactory to Associated Natural Gas,Inc.Each undersigned party,as to the interest of such party hereunder,respectively agrees,in the event suit is filed in any court affecting title to said Gas,either before or after severance,to indemnity and save harmless Associated Natural Gas,Inc.against any and all liability for loss,cost,damage,and expense which Associated Natural Gas,Inc.may suffer or incur on account of receiving and paying said party the proceeds derived from the sale of said Gas.Where Associated Natural Gas,Inc.,pursuant to the provisions hereof,withholds payment,orany part thereof, each undersigned party from whom payment is withheld severally agrees to indemnify and hold Associated Natural Gas,Inc.harmless . of and from all liability for any tax,together with all interest and penalties incident thereto,imposed or assessed against,or paid by it on account of the sum or sums so withheld from payment to said party,and deduct all such taxes,interest and penalties so paid it from any sums owing by it to said party. FOURTH: The undersigned severally agree to notify Associated Natural Gas, Inc.of any change of ownership,and no transfer of interest shall be binding upon Associated Natural Gas,Inc.until transfer order and the recorded instrument evidencing such transfer, or a certified copy thereof,shall be furnished to Associated Natural Gas,Inc.Transfer of interest shall be made effective 8 AM on the first day of the calendar month in which proper notice is received by Associated Natural Gas,Inc.Associated Natural Gas,Inc.is 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 as a result of the completion of discharge of money or other payments from said interests,and the signers hereof whose interests are affected by such money or other payments,if any,agree to give Associated.Natural Gas, Inc. notice in writing by registered letter addressed to Associated Natural Gas,Inc.,P.O.Box 5493, Denver,Colorado 80217,Attn:Division Order Department,when any such money or other payments have been completed or discharged,or when any division of interest other than that set forth above shall,for any reason,become effective and to furnish transfer order accordingly,and that in the event such notice shall not be received,Associated Natural Gas, Inc.shall be held harmless in the event of.and is hereby released from any and all damage or loss which might arise out of any overpayment. • • FIFTH: 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 Commission or the provisions of the Natural Gas Act or Natural Gas Policy Act of 1978,Associated Natural Gas.Inc. may hold without interest the portion of the proceeds subject to refund unless indemnity satisfactory to Associated Natural Gas,Inc. has been furnished,or until Associated Natural Gas,Inc.'s refund obligation has been finally determined.If any portion of the proceeds derived from the sale of Gas is paid over by Associated Natural Gas.inc.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 1978,Associated Natural Gas,Inc.is authorized to recover the amount of the refund applicable to the interest of each of the undersigned from future payments,or at Associated Natural Gas,Inc.'s election,it may invoice the undersigned therefore,plus the legal rate of interest Associated Natural Gas, Inc.is or my be required to pay in connection with the undersigned's portion of the refund. SIXTH: This Division Order shall become valid and binding upon each and every owner above named upon execution hereof by such owner regardless of whether or not any of the other above-named owners have so signed.If the provisions of this Division Order are in conflict with the provisions of any oil and gas lease covering the above described property(ies),the provisions of this Division Order shall prevail. Each undersigned owner ratifies and confirms his oil and gas lease as being in full force and effect as of the date hereof. SEVENTH: The Owner executing this Division Order,in consideration of payments by you as above provided for,agrees to pay all royalty owners and all other persons who may have right,title or interest in said gas and further agrees to protect,indemnify and hold you harmless from and against any and all loss,cost or expense which you may suffer or sustain by reason of such payment regardless of how any such claim or demand may arise,including all costs or expenses incurred by you in defending your position in any such claim,suit or action. B 1353 REC 02305458 10/01/92 16 :22 $0 .00 4/006 92O946 F 0105 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO DO-D(4/91) EXHIBIT A 2474 LEHFELDT C 27-4 & 5 OWNER NO CREDIT TO PERCENTAGE INTEREST 2209 PAUL D FRANKS . 103750 OI 2.9896 BARRETT RESOURCES CORPORATION . 285310 OI 30411 ZENITH DRILLING CORPORATION . 103750 OI 30437 BARRY L SNYDER . 051880 OI 30445 STEPHEN B EVANS . 051870 OI 30453 TED E AMSBAUGH . 051870 OI 30470 CHRISTINA L SNYDER . 007780 0I 30488 LAURENCE N WATTS . 007780 OI 33081 VICKI L WAMBOLT . 007780 OI 33099 JEANNE A ANDERSON . 002590 0I 36834 TCW DR III ROYALTY PARTNERSHIP 4 . 999463 OI C/0 TRUST COMPANY OF THE WEST 40811 STEVEN D RICKS . 103750 OI 55373 iie TWO-B ENERGY CO . 051880 OI 1129 WELD COUNTY 3 . 29680 RI 2952 RICHARD W LEHFELDT AND 1 . 556250 RI BONNIE L LEHFELDT TRUSTEES OF 2954 ROBERT M . GILBERT . 311250 RI 2955 FRANCES F. STEVENS . 311250 RI 920946 B 1353 REC 02305458 10/01/92 16 : 22 $0 .00 5/006 F 0106 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT A 2474 LEHFELDT C 27-4 & 5 OWNER NO CREDIT TO PERCENTAGE INTEREST 2956 MARION V . CROSS . 311250 RI 2958 VIRGINIA C . SAALE . 311250 RI 2959 WILLIAM W. GILBERT . 311250 RI NCNB OF FL ACCT #350-6394223 7085 UNITED BANK OF GREELEY, N. A . . 311250 RI & ROBERT GILBERT, CO-TRUSTEES 55381 STEVE HERBST 6. 250000 RI 55382 FARMERS RESERVOIR AND IRRIGATION CO . 431250 RI 2539 SNYDER OIL CORPORATION 2 . 443750 WI 55700 SPARTAN ENERGY COMPANY 78 . 324917 WI 100 . 000000 TOTAL 22O345 B 1353 REC 02305458 10/01/92 16 : 22 $0 . 00 6/006 F 0107 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Aeli"4151 ASSOCIt.TED NPTIR 1645, 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 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 fixed 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 partners 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 2O% 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 or the "Original " of the Gas Division Order or Gas Transfer Order should be returned to: ASSOCIATED NATURAL GAS, INC . P.O. BOX 5493 Denver CO 8O217 ATTN: DIVISION ORDER DEPARTMENT 1O. Should you have any further questions regarding the enclosed Gas Division Order or Gas Transfer Order, please contact your Operator or Associated Natural Gas. Inc. at (3O3) 595-3331 . 11 . Please DO NOT DETACH the Exhibit from the Gas Division Order or Transfer Order if one is included , 920346 900 REPUBLIC PLAZA • 370 SEVENTEENTH STREET • DENVER,COLORADO 80202 • (303)595-3331 • FAX(303)595-0480 MAILING ADDRESS: P.O. BOX 5493 • DENVER, COLORADO 80217 Hello