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Home My WebLink About931178.tiff RESOLUTION RE: APPROVE OIL DIVISION ORDER TO ASSOCIATED TRANSPORT AND TRADING COMPANY 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, has received an Oil Division Order to Associated Transport and Trading Company, P.O. Box 5493, Denver, Colorado 80217, and WHEREAS, said Division Order covers land more particularly described as follows: Township 5 North, Range 66 West, 6th P.M. Section 34: NfSWee Weld County, Colorado 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 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 Division Order to Associated Transport and Trading Company, 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. 931178 LICS/i3 c2 , 197717a DIVISION ORDER - ASSOCIATED TRANSPORT AND TRADING COMPANY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of November, A.D. , 1993. BOARD OF COUNTY COMMISSIONERS ATTEST: / ;� r/)/�� WELD COUNTY, COLORADO Weld County Clerk to the Board Constance L. Harbert, Chairman il BY: 1 / �� A /!d cc �_. -Deputy Cl t the $oard W. H. tWebster, Pro-T m APPROVED AS TO FORM: /Lit / �L /GI ,�� 7`c/`., / orge E. Bax er o my ttor ey a K. Hall thAzyek-- /B-arbara J. Kirkmeyer 931178 OIL DIVISION ORDER AR 2361203 TO: ASSOCIATED TRANSPORT & TRADING COMPANY Lease No. 51386 P.O. BOX 5493 Denver, CO 80217 Date: November 2, 1993 The undersigned, and each of us, guarantee and warrant that we are the legal owners of our respective interest, in the proportions hereinafter stated, in all oil, condensate and/or other hydrocarbons produced and saved from the Dos Rios /11-34 lease, located in Weld County, State of Colorado, described as follows: Township 5 North, Range 66 West, 6th PM Section 34: N/28W/4 Effective at 8:00 A.M. October 1, 1993 and until further written notice, you are authorized to receive all such oil production, for your own purchase or for resale, to receive payment therefore, to give credit for all proceeds derived therefrom and pay therefor as follows: Owner No. Credit To Division of Interest Decimal • FOR DIVISION OF OWNERSHIP SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF 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 roamer and with the same effect as if printed above ou^ 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. Signatures of Wit Owners Sign Below Taxpayer I.D. Number or (Enter Mailing Address) Social Security Number fi se//ATTEST: I / � itzr 84-6000813 L OUNTY CL TO BOARD CONSTANCE L. HARBERT, CHAIRMAN 11/17/93 BY: k Address WELD COUNTY BOARD OF COMMISSIONERS DEPUTY C RK TO BOARD P.O. BOX 758 GREELEY, CO 80632 Address LMC:ls _ . B 1413 REC 02361203 11/24/93 15 :57 $0. 00 1/007 F 1383 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 931178 The following covenants are also part of this division order and shall be binding upon the above signed and upon his or her successors, legal representatives and assigns. FIRST: The word "oil" as used herein is hereby declared to include, but is not limited to, condensate and all marketable liquid hydrocarbons produced and saved hereunder. All oil received and purchased hereunder shall be merchantable oil and shall become your property as soon as the same is received into your custody or that of any carrier designated by you. You are not expected to receive oil in definite quantities, nor for fixed periods, nor to provide storage. SECOND: The oil received and purchased hereunder shalt be delivered f.o.b. to any carrier designated by you which gathers and receives said oil, and you agree to pay for such oil to the above signed according to the division of interests herein specified at the price agreed upon between you and the lease operator. THIRD: Quantities of oil purchased hereunder shall be determined by the method of measurement and computation employed by you or the Agent designated by you to receive such oil including but not by way of limitation, the gauging of storage tanks using regularly compiled tank tables, the use of certified . _ truck gauges, and the use of meters or any other reasonably accurate method of measurement and computation. You shall correct the volume and gravity to a temperature of 60 degrees Fahrenheit and you shall deduct from such corrected volume the full percentages of basic sediment, water and other impurities as shown by your test. You may refuse to receive any oil not considered merchantable to you. FOURTH: Payments shall be made monthly for oil received and purchased during the proceeding month, by your checks delivered or mailed to the above signed at the address above stated, provided that if, at any time, the monthly payment due the above signed shall be less than Twenty-Five Dollars ($25.00), you may defer such payment, without interest, until the amount payable to the above signed equals or exceeds the sun of Twenty-Five potters ($25.00), in which event, payment shall be made at the next regular settlement date. You are hereby authorized to withhold from the proceeds of any and all runs made hereunder the above signed's proportionate share of any tax levied and assessed by any governmental authority on the oil received and purchased hereunder and to pay the same. FIFTH: The above signed agrees to furnish evidence of title satisfactory to you. Until such evidence is furnished or in the event of any adverse claim, oil related lien or dispute at any time concerning title in the above described real property or the oil produced therefrom, you may withhold payment for oil accruing to the interest or interests affected thereby until you are indemnified to your satisfaction or until such adverse claim, lien or dispute shall have been fully settled, without liability for interest in either case. If suit is filed affecting the interest of the above signed, written notice thereof shall be given you, at the above address by the above signed, together with a certified copy of the complaint or petition filed. If you are made a party to such proceedings, the above signed agrees to indemnify you against any judgment rendered therein and to reimburse you for any costs, attorney's fees or other expenses incurred in connection therewith. SIXTH: You will not be responsible for any change of ownership in the absence of actual notice and satisfactory proof thereof. Each signer agrees to notify you in writing of any change in his or her ownership and agrees that any transfer, assignment, or conveyance of any of his or her interest, however accomplished, shall be made subject to the division order and effective at 8:00 A.M. on the first day of the calendar month following the receipt of said notice by you. In the event said written notice is not received by you, you shall be held harmless for error resulting in over or underpayment, or wrong payment of any such sun or suns. Should adjustments be necessary you shall have rights to set off any and all individual or joint liabilities the above signed has with you, including but not limited to proceeds from this and other lease interests owned by the above signed. SEVENTH: If the above signed is a working interest owner and/or operator, he or she guarantees or warrants 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. EIGHTH: This order shall bind each interest owner as soon as signed by him or her, whether or not signed by any other owner. All provisions herein contained shall apply to each signer hereof separately and not jointly. This order may be executed in counterparts, all of which together shall constitute one division order. No termination of this order shall be effective without giving thirty (30) days prior written notice. In consideration of the purchase of oil hereunder, consent is given you and any pipeline company which you may cause to connect with the wells and tanks on said land, to disconnect and remove such pipelines, in case of termination by either you or the above signed of purchases under this division order. B 1413 REC 02361203 11/24/93 15 :57 $0 . 00 2/007 F 1384 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 931178 ATTACHED HERETO AND MADE A PART HEREOF THAT CERTAIN DIVISION ORDER DATED NOVEMBER 2, 1993 EXHIBIT A 51836 DOS RIOS 11-34 OWNER NO CREDIT TO PERCENTAGE INTEREST 5389 FRANK WILSON III . 057740 OI 12753 C A PATCHEN . 398050 OI 15747 MILTON V SPENCER . 160390 OI 15755 H 8 C COLTON COMPANY . 017440 OI 16390 JOYCE MCCALEB . 024990 OI 17195 WILLIAM G CREWS . 253870 0I 27844 BRUCE 0 BOMHOLT . 038600 0I 28983 CARL M BOMHOLT . 115810 CI 29123 DENISE D HUDDLE . 109060 OI 29244 EVELYN L DUNCAN . 047710 CI 30453 TED E AMSBAUGH . 008780 OI 30461 BARRETT RESOURCES CORPORATION . 008780 0I 43326 T C HUDDLE . 109060 OI 43414 RICHARD R STORM . 272660 0I 44038 JOSEPH M CHANDLER . 204490 OI 45840 JAMES ADDISON MCCALEB . 048450 OI 45858 JOHN CAMERON MCCALEB . 052260 OI E 1413 REC 02361203 11/24/93 15 : 57 $0 . 00 3/007 F 1385 MAPY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CC ATTACHED HERETO AND MADE A PART HEREOF THAT CERTAIN DIVISION ORDFR DATED NOVEMBER 2, 1993 EXHIBIT A 51836 DOS RIOS 11-34 OWNER NO CREDIT TO PERCENTAGE INTEREST 56261 RANCHO PARTNERSHIP LTD . 227340 0I C/O ANCHOR BAY CORP 57462 STEPHEN B EVANS & CO . 008780 OI 78227 C NEIL JOHNSON JR . 095430 OI 78432 EUGENE W OHLEMEIER . 038360 0I 78941 NINA SUE STORM 1939 TRUST . 272660 OI 80592 **JEANNE A ANDERSON . 000590 OI 80593 BUDDY BAKER . 005850 0I 80594 ***VICKI L CLARK . 000880 OI 80596 MCCALEB FAMILY TRUST . 074980 OI CHARLES B MCCALEB TRUSTEE 80600 BARRY L SNYDER . 008780 OI BLDG 4 STE 215 80601 CHRISTINA L SNYDER . 002200 OI 80602 LAURENCE N WATTS . 002200 01 1282 ANNA KAMMERZELL . 929170 RI ara .. 1283 CAROLE NIEHAUS . 623460 RI 1284 JOANNE PIRNIE . 623460 RI 1285 JAMES STRAIGHT . 623450 RI 1286 RICHARD C STRAIGHT . 623450 RI B 1413 PEC 02361203 11/24/53 15 : 57 $0 .00 4/007 F 1386 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 931178 ATTACHED HERETO AND M ADE A PART }HEREOF THAT CERTAIN DIVISION ORPFR DATED NOVEMBER 2, 1993 EXHIBIT A 51836 DOS RIOS 11-34 OWNER NO CREDIT TO PERCENTAGE INTEREST 1287 WALTER GLENN STRAIGHT . 623450 RI 1288 * DOS RIOS INC 3 . 954400 RI C/O JOYCE ALLELY 2671 DICK L PIRNIE . 386040 RI 3964 EDWIN PIRNIE . 386040 RI 4481 ARTHUR L PIRNIE . 386040 RI 4486 RAYMOND D. WALBRIDGE . 386040 RI 4580 WELD COUNTY C/O . 546730 RI BOARD OF COUNTY COMMISSIONERS 65284 PHILLIP E CAMENISCH TRUST . 929170 RI 80579 PHYLLIS S ARNOLD . 332270 RI 80580 FREDERICK J BAUER AND . 362980 RI SHARON J BAUER J/T 80581 PATRICK M BRADDY AND . 559520 RI MAPY J BRADDY J/T 80582 DAVID CLAMAN ANC . 553520 RI BRENDA CLAMAN J/T 80584 THOMAS P DYKSTRA . 007700 RI 80585 ROBERT N GUTHRIE AND . 324570 RI PAMERLA CROSS J/T 80586 MIKE R HAJEK AND . 465500 RI JULIE S HAJEK J/T 80587 WILLIAM C HUMPHRIES AND . 134530 RI PATRICIA B HUMPHRIES J/T 80588 SALLY J KELLEY . 183340 RI B 1413 REC 02361203 11/24/93 15 :57 $0 .00 5/007 F 1327 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 9 31178 ATTACHED HERETO AND MADE A ' 'T HEREOF THAT CERTAIN DIVISION 'DER DATED NOVEMBER 2, 1993 EXHIBIT 'A' 51836 DOS RIOS 11 -34 OWNER NO. CREDIT TO PERCENTAGE INTEREST 80589 John W. Mills and .245650 RI Caroline R. Mills J/T 80590 Gifford A. Pirnie and .386040 RI Lillie J. Pirnie L,/T(life estate) REMAINDERMEN: **Lillie J. Scarborough —0— RI **Montie Pirnie —0— RI **Gifford Pirnie, Jr. —0— RI **Richard D. Pirnie —0— RI **Marilyn Smith -0- RI 80591 Paul P. Speck .043310 RI 5389 Frank Wilson III 18.022370 WI 39759 Jack A. McCartney 1.000850 WI 64521 First State Bank F/A/O Colton 13.774320 WI H & C Colton 65287 Small Busines Admn F/A/O 5.631990 WI Eatmon Well Service Corporation 74350 SOCO Wattenberg Corporation 42.843610 WI 77692 Dorothy A Colton .407290 WI 77693 Howard F. Colton .305460 WI 77695 Anne L Colton .305460 WI 78432 Eugene W Ohlemeier .422630 WI B 1413 R.EC 02361203 11/24/93 15 : 57 $0 .00 6/007 F 1388 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 931178 ATTACHED HERETO AND MADE A PAPT HEREOF THAT, CERTAIN DIVISION O9TlER DATED NOVEMBER 2, 1993 EXHIBIT A 51836 DOS RIOS 11-34 OWNER NO CREDIT TO PERCENTAGE INTEREST 80589 JOHN W MILLS AND . 245650 RI CAROLINE R MILLS J/T 80590 GIFFORD A PIRNIE AND .386040 RI L.ILLIE J PIRNIE L/T 80591 PAUL P SPECK . 043310 RI 5389 FRANK WILSON III 18 . 022370 WI 39759 JACK A MCCARTNEY 1 . 000850 WI 64521 FIRST STATE BANK F/A/O COLTON 13 . 774320 WI H 8 C COLTON COMPANY 65287 SMALL BUSINESS ADMN F/A/O 5 . 631990 WI EATMON WELL SERVICE COMPANY 74350 SOCO WATTENBERG CORPORATION 42 . 843610 WI 77692 DOROTHY A COLTON . 407290 WI 77693 HOWARD F COLTON . 305460 WI 77695 ANNE L COLTON . 305460 WI 78432 EUGENE W OHLEMEIER . 422630 WI 80641 FARM CREDIT BANK-GREELEY -0- 100. 000000 TOTAL *Interest suspended per Title Requirement #F6 ***The undersigned Overriding Royalty Interest owners, successors to Aeon Energy Company do hereby agree upon the division d interest set out above according to Division Order Title Opinion dated September 2, 1993, prepared by Lohf, Shaiman & Jacobs, PC. B 1413 REC 02361203 11/24/93 15 :57 $0 . 00 7007 F 1389 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 331198 Hello