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HomeMy WebLinkAbout930401.tiff 0 tt- 3 - /ID59 RESOLUTION RE : APPROVE GAS DIVISION ORDER TO ASSOCIATED NATURAL GAS , INC . FROM PRIMA EXPLORATION , INC . 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 a Gas Division Order to Associated Natural Gas , Inc . , P . O . Box 5493 , Denver , Colorado 80217 , from Prima Exploration , Inc . , Trinity Place , 1801 Broadway , Suite 500 , Denver , Colorado 80202 , and WHEREAS , said Division Order covers land more particularly described as follows : Township 6 North , Range 65 West , 6th P . M . Section 22 : NWINE '„ 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 Gas Division Order to Associated Natural Gas , Inc . , P . O . Box 5493 , Denver , Colorado 80217 , from Prima Exploration , Inc . , Trinity Place , 1801 Broadway , Suite 500 , Denver , Colorado 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 . ((��.'///���M/�/�//^ /l ] ') 930401 lLJ . 1. !.96 (ie. .' T1 i r'.1- DIVISION ORDER - NW*NE; 522, T6N, R65W PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of April, A.D. , 1993. / //�� / BOARD OF COUNTY COMMISSIONERS ATTEST:441/1/ j/�J / WE COUNTY, COLORADO Weld County Clerk to the Board ,0.14 -I[i,[J all x...6" L H r e t, Chairman , I BY: _s : �� i )0 Deputy Clerk o th- �:•ard W. . Webster, Pzo-Tem APPROVED—AS TO FORM: Geor E. Baxter J /,_....3/1 County Attorney 7 Dale K. all r (-LcG.C411 , . y lam. arbara J. Kirkme r 0 930401 • GAS DIVISION ORDER A R2 3318 86 TO: ASSOCIATED NATURAL OAS, INC. Lease No. 2624 P.O. Box 5493 D.nder, CO 8O217 Date: April 19, 1993 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 the proceeds derived from the sale of Gas produced and saved from the sal Bicklin9 31-2; lease or unit, located in the County or Parish of Weld, State of Colorado more particularly described as follows: Township 6 North, Range 65 West Section 22: NW/4NE/4 Owner No. Credit To Division of Interest Decimal FOR DIVISION OF INTEREST SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART THEREOF Effective at 8:00 A.N. 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 sate of Gas from said property(ies) subject to the conditions, covenants and directions set out below: 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 March 1, 1993 between Prima Exploration, Inc. 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. Signatures of Witnesses Owners Sign Below Taxpayer I.D. Number or gy (Enter Nailing Address) Social Security Number ,/ ATTES b 84-6000813 CL" xs. D / CONSTANCE L. HARBERT, CHAIRMAN 05/03/93 • I A AL. .�.,i/ Address WELD COUNTY BOARD OF COMMISSIONERS lEPUT CL it'" P.O. BOX 758 GREELEY, CO 80632 Address Address MNH:ls / B 1381 REC 02331886 05/06/93 15 : 36 $0. 00 1/004 930401 jEbeer) F 2186 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 1 �\ SECOND: Payments are to be made monthly by checks of Associated Natural Gas, Inc. to be delivered or mailed to the parties thereto entitled at the addresses above given, provided that ff the amount due any owner is less than Twenty-Five and 00/100 Dollars ($25.00) 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 sm. The undersigned authorizes 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. o U THIRD: In the event of any adverse claim of title or in the event title shall not be o 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 NO of title satisfactory to Associated Natural Gas, Inc. and authorizes Associated Natural Gas, U 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 t7 claims or any such defects in the title, or until title shall be made satisfactory to cp Associated Natural Gas, Inc. Each undersigned party, as to the interest of such party CD hereunder, respectively agrees, in the event suit is filed in any court affecting title to said o I% Gas, either before or after severance, to indemnify and save harmless Associated Natural Gas, as PI 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 Q derived from the sale of said Gas. Where Associated Natural Gas, Inc. pursuant to the Wprovisions hereof, withholds payment, or any part thereof, each undersigned party from whom a payment is withheld severally agrees to indemnify and hold Associated Natural Gas, Inc. re) 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 un withheld from payment to said party, and deduct all such taxes, interest and penalties so paid ri it from any sums owing by it to said party. 111 rn a 01 U FOURTH: The undersigned severally agree to notify Associated Natural Gas, Inc. of any change 1/40 2 of ownership, and no transfer of interest shall be binding upon Associated Natural Gas, Inc. o H 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 H effective 8:00 A.M. on the first day of the calendar month in which proper notice is received o a by Associated Natural Gas, Inc. Associated Natural Gas, Inc. is hereby relieved of any responsibility for determining if end when any of the interests hereinabove set forth shall up q or should revert to or be owned by other parties as a result of the completion of discharge co W of money or other payments from said interests, and the signers hereof whose interests are CO W affected by such money or other payments, ff any, agree to give Associated Natural Gas, Inc. notice in writing by registered letter addressed to Associated Natural Gas, Inc., P. O. Box M 2 5493, Denver, Colorado 80217, Attn: Division Order Department, .when any such money or other N payments have been completed or discharged, or when any division of interest other than that o set forth above shall, for any reason, become effective and to furnish transfer order U a 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 • a or loss which might arise out of any overpayment. � r o CO FIFTH: If any portion of the proceeds derived from the sale of Gas is subject to refund under Mu N 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 CO Cu 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 therefore invoice the undersigned, plus the legal rate of interest Associated Natural Gas, Inc. is or may 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 with 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. • 94-0401 EXHIBIT A 2624 MEL BICKLING 31-22 OWNER NO CREDIT TO PERCENTAGE INTEREST 4430 ENERGY MINERALS CORPORATION . 392110 OI hi CO N F+ 12753 C A PATCHEN . 163370 OI co m coN i 37971 THEODORE D SHELDON 1 . 812120 OI 7J n I-C 0 > N 47016 ROBERT L ARMANTROUT . 221410 OI 4 w to co to co ' 56122 CHARLES E TATHAM III . 221410 OI a O1 x to v-3 to 56128 THE DOUSSARD BRANT HODEL . 241830 OI H CI & MARKMAN PROFIT SHARING TRST z tb . 326750 OI tm w O k0 56184 WALLY BAKKEN ;;Ctl r in 56185 CHRIS CHRISTENSEN JR . 326750 OT R W 7Jas t1 0 2802 FLORENCE F BICKLING, 2 . 042200 RI O 6 ti-is xfo 4335 MELVIN BICKLING AND 5 . 105500 RI c IMOGENE BICKLING t90 r e 4580 WELD COUNTY C/O . 119530 RI n HOARD OF COUNTY COMMISSIONERS 0\ 0 56120 HARLAN R STOFFREGEN 1 . 531650 RI o o 56121 JANICE LOUISE WOJCIAK 1 . 531650 RI 56238 MARGARET RUTH BICKLING . 510550 RI 56240 JOHN DANIEL BICKLING . 127640 RI 56243 SHARON F HEINZ . 127640 RI 56245 BECKY JANE HAMILTON . 127630 R19Z.M4n-"1 EXHIBIT A 2674 MFL BICKLING 31-22 OWNER NO CREDIT TO PERCENTAGE INTEREST 56247 JAMES SPENCER BICKLING . 127640 RI 56251 ESTATE OF HERBERT C BICKLING . 510550 RI 56252 ESTATE OF MARY F KOENEMAN 1 . 021100 RI 63683 CACHE LA POUDRE IRRIGATING CO . 127270 RI 63707 SUSAN BICKLING OMLOR . 510550 RI 5389 FRANK WILSON III 1 . 695840 WI 9 L 15441 OXFORD EXPLORATION COMPANY 28 . 263995 WI 15755 H & C COLTON COMPANY . 5x,5280 WI 31152 GERRITY OIL & GAS CORPORATION 29. 980010 WI 47007 NICHOLS OIL COMPANY 9 . 993340 WI §6118 SBH ASSOCIATES INC 4 . 279985 WI ATTN STEPHEN B FIERRICK 56119 J CLEO THOMPSON 3 . 997350 WI J CLEO THOMPSON JR A PRTNRSHP 91766 PRIMA EXPLORATION INC 3 . 997350 WI 100. 000000 a ._. ± 9.0401 B 1381 REC 02331886 05/06/93 15 :36 $0 .00 4/004 F 2189 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 411(0 ci en, ry ASSOCIKTED TRANSPORT & TRADING COMPANY 9: 13.9 INSTRUCTIONS TO ALL INTEREST OWNERS r ra• • THE ENCLOSED OIL DIVISION ORDER OR OIL TRANSFER ORDER$fOULDNOT BE ALTERED IN ANY WAY EXCEPT TO CORRECT-SPELLING ERRORS, UNLESS ACCOMPANIED BY DOCUMENTARY EVIDENCE TO SUPi'ORT THE CHANGE. If your name and interest are correctly shown: 1. Sign your name as shown on the Oil Division Order or Oil Transfer Order. 2. Have your signature witnessed by two competent witnesses. 3. If your name has changed due to marriage,or divorce, execute the Oil Division Order or Oil Transfer Order using your present name and furnish a copy of the marriage certificate or divorce decree. T_.. 4. If signing for a corporation,signature must be attested, corporate seal fixed and title of signatory party reflected. 5. If signed by an 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. Oil Division Orders or Oil 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 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 "Original' of the Oil Division Order or Oil Transfer Order should be returned to: Associated Transport and Trading Company P. O. Box 5493 Denver,CO 80217 Attention: Division Order Department 10. Should you have any further questions regarding tb‘zaltmal Oil Division Order or Oil Transfer Order,please contact your operator or Associated Transport and Trading Co. at (303) 595-3331 11. Please DO NOT DETACH the Exhibit from the Oil Division Order or Oil Transfer Order if one is included. 900 REPJBUC PLAZA • 370 SEVENTEENTH STREET • DENVER.COLORADO 80202 • (303)595-3331 • FAX(303)595-C480 MAILING ADDRESS: P.O. BOX 5493 • DENVER. COLORADO 80217 9;.)0 4121 Hello