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Home My WebLink About920947.tiff • AR23111A611 RESOLUTION RE: APPROVE OIL DIVISION ORDER TO TOTAL PETROLEUM, INC. FROM GERRITY OIL AND GAS CORPORATION 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 Total Petroleum, Inc. , 515 Central Park Drive, Suite 200, Oklahoma City, Oklahoma 73105, from Gerrity Oil and Gas Corporation, 4100 East Mississippi Avenue, Denver, Colorado 80222, and WHEREAS, said Division Order covers land more particularly described as follows: Township 4 North, Range 64 West, 6th P.M. Section 27: NW; NW*, SW'-, NW* from the surface to the base of the Codell Formation 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 Total Petroleum, Inc. , 515 Central Park Drive, Suite 200, Oklahoma City, Oklahoma 73105, from Gerrity Oil and Gas Corporation, 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. B 1353 REC 02305460 10/01/92 16 : 24 $0 .00 1/005 920947 F 0117 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO e c. i 1 0-O31. 69L4?L ,) r'Zi� r), G-t R.3 Ty cni -za OIL DIVISION ORDER - TOTAL PETROLEUM, 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. sida, BOARD OF COUNTY COMMISSIONERS ATTEST: WELD UNTY, COLORADO Weld County Clerk to the Board Ge e K nedy, Chairman �// BY: /3",-4c,s`_f / J . irhiYi�v Deputy Clerk to the Boarc,_=- Constance L. HArber , Pro-Tem APPROVED AS FORM: /19 '/� C. W. Kirb .... County Attorney Gorddn . acy l' o W. H Webster ' 920947 B 1353 REC 02305460 10/01/92 16 :24 $0 .00 2/005 F 0118 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO DIVISION ORDER Lease No. 305651 TO: Total Petroleum, Inc. LGB—P Suite 200 515 Central Park Drive Oklahoma City, OK 73105 September 15 , 19 92 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 as set out below in all oil produced from all wells on the GERRITY OIL & GAS CORPORATION -- LEHFELDT C27-4 & 5 farm or lease, located in Weld County, State of Colorado , more particularly described as follows: NW/4 NW/4, SW/4 NW/4 Section 27-4N-64 from the surface to the base of the Codell formation Effective 7 a.m./1AV44/Of/ FIRST RUN (August 15 , t9 92)and until further notice,you are hereby authorized to receive, purchase and give credit for all oil received from said property subject to the conditions, covenants and directions following: CREDIT TO DIVISION OF INTEREST SEE EXHIBIT A FOR DIVISION OF INTEREST to O O 0 MO U Q O r.) FIRST:The oil purchased in pursuance of this Division Order shall be merchantable and become your property upon delivery thereof to you or to any pipe line designated by you.Quantities of oil run O and purchased hereunder shall be computed in terms of 02 O'S.gallons per barrel from regularly compiled tank tables showing the full capacity of the tanks.Corrections for temperature and deductions for dirt,sediment and other impurities are to be made in accordance with your rules,regulations and customs in effect at the time and place of delivery.The oil shall be steamed or treated when necessary to O [rte' render it merchantable. 69- Q SECOND'The oil received in pursuance of the Division Order shall be paid for to the party or parties entitled thereto according to division of interests shown above at the price for each day's receipts a' posted and upon the basis therein indicated on that day by you for the same kind and quality of oil in the field in which it is received.If it is necessary to transport crude oil hereunder by truck,then,in that o men:,you are authorized to deduct from such price the trucking charges,together with Federal Transportation Tax thereon.Should the oil be sold by you to another purchaser accepting delivery thereof at 1, the lease tanks,settlement thereof shall be based upon the price received by you for such oil and upon the volume computation made by such purchaser.Payments shall be made monthly for oil received and r4 purchased during the preceding month by your checks delivered or mailed to the respective parties at the addresses stated.However,it is agreed,if the amount payable to any of the undersigned is less than d, ai the statutory minimum sum during any month,you may withhold payment thereof,without interest.and in lieu of monthly settlement,make payment at such time as a statutory minimum sum has N accumulated to the credit of the undersigned;provided,however,that settlement shall be made at least once during each calendar year,regardless of the amount which has accumulated to the credit of the t.aa undersigned. Pipe line grades and measurements are to govern and control in all settlements,subject to the provisions of price postings above referred to concerning computation of quantities.The k0 undersigned authorize you to withhold from the proceeds of any and all runs made hereunder the amount of any tax placed thereon,or on the production thereof,by any governmental authority,and to pay r 1 x the same in our behalf. CC f=7 THIRD:In case of any question,controversy or adverse claim of title which in your opinion adversely affects title to any interest credited hereunder,or in case title shall not be satisfactory to you at an> N a time during the term of this division order,each of the undersigned agrees to furnish complete abstract of title and other evidence of title satisfactory to you and authorizes you to retain the purchase price of C) the oil without obligation to pay interest on the amount so withheld,until satisfactory indemnity shall be furnished you against such question,controversy,adverse claim or any such defects in tide,or until any question,controversy,adverse claim or defect to owners'title is settled to your satisfaction.In the event suit is filed in any court affecting title to oil purchased hereunder,either before or after severance, Z the undersigned agree to indemnify and save you harmless from any and all costs in connection with such action,including attorneys'fees;and further the undersigned agree to indemnify and save you O H harmless and any carrier transporting said oil for your account against any and all liability for loss,cost,damage and expense,including attorneys'fees,which you or the carrier may suffer or incur on \ W account of receiving,transporting and paying us for said oil. o H ri tM FOURTH:The undersigned severally agree to notify you of any change of ownership and no transfer of interest shall be binding upon you until transfer order and the recorded instrument evidencing a, such transfer,or a certified copy thereof,shall be furnished you.Transfers of interest shall be made effective on the first day of the calendar month in which notice is received by you.You are hereby relieved W 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 either as a result of the completion or discharge of money or 0 D other payments from said interests,or otherwise;and the signers hereof whose interests are affected by such money or other payments,if any,or by the reversion or change of an interest for any other reason, '.0 al agree to give you notice in writing by registered letter addressed to you at Oklahoma City,Oklahoma,when any such money or other payments have been completed or discharged or when any other division 'Vt [Li of interest than that set forth above shall,for any reason,become effective and to furnish transfer orders accordingly,and that in the event such notice shall not be received,you shall be held harmless in the [f) Z event of,and are hereby released from any and all damage or loss which might arise out of any overpayment.The undersigned hereby further agrees to reimburse you for all amounts incorrectly paid to the O undersigned for the above-described property. i< N , FIFTH:Working Interest owners and/or Operators who sign this Division Order,and each of them,guarantee and warrant for your benefit and that of any pipeline or other carrier designated by you to 0 run or transport said oil,that all oil tendered hereunder has been and/or will be produced in accordance with applicable laws and/or official rules and regulations. O ai SIXTH:This Division Order shall become valid and binding on each and every owner above named as soon as signed by such owner,regardless of whether or not all of the above named owners have so f24 ;�yrt signed and shall likewise be binding upon the heirs,personal representatives,successors and assigns of the parties hereto,and the undersigned hereby agree to all the terms and conditions of the Division f242' Order now in effect and force. M 01 SEVENTH:You are authorized and directed to deduct operating expenses as furnished by the lease operator from the undersigned's interest,(if same is a participating or pooled working interest,.as set In ri out herein,in the oil produced and saved from the above described loads and remit same to the lease operator.The undersigned will look to the lease operator for detailed statements of all charges and credits re) ri of operating expenses at such intervals as agreed upon by the operator and the undersigned working interest owner. H O SIG TURF W N SIGNATURE OF OWNERS SOCIAL SECURITY / SIGNATURE OR * TAXPAYER NUMBER ATTEST: �l WELD COUI4tY CIERK/cQ aOARD GEORGE KEN DY, CHAIRMAN 09/3 2 84-6000813 • BY: WELD COUNTY BOARD OF COMMISSIONERS EPUTY CLERK TO BOARD ADDRESS: P.O. BOX 758 TELEPHONE: GREELEY, CO 80632 (303) 356-4000 X4225 IMPORTANT:To avoid delay in payment or tax penalties according to law,you must please show your correct address and your social security number or tax identification number. Individual signatures must be witnessed by two disinterested persons. 920947 Sal-ole R9r91 QPCo. EXHIBIT A LEHFELDT C27-4&5 -- LEASE NUMBER 305651-0 1992-09-15 DECIMAL INTEREST OWNER NUMBER OWNER NAME & ADDRESS INTEREST TYPE 01-040837 MARION V. CROSS 0.00311250 RI 2101 S. GARFIELD AVE. #330 LOVELAND C080537 03-002059 FARMERS RESERVOIR'IRR CO 0.00431250 RI 80 S 27TH AVE BRIGHTON C0806012641 01-057754 CARSON CARROLL GILBERT 0.00311250 RI TESTAMENTARY TRUST UNITED BANK OF GRELEY, NA & ROBERT GILBERT, CO-ADMINS. 03-031197 ROBERT M. GILBERT 0.00311250 RI 1318 47TH AVE GREELEY C0806342310 01-060097 WILLIAM W. GILBERT 0.00311250 RI 01-060096 STEVE HERBST 0.06250000 RI 01-040833 RICHARD W. LEHFELDT AND 0.01556250 RI BONNIE L. LEHFELDT, TRUSTEES 1159 ALMOND AVE REDDING CA960011309 01-040836 VIRGINIA C. SAALE 0.00311250 RI 8545 CARMEL VALLEY RD U 14K CARMEL CA939239556 01-060099 FRANCES E. STEVENS 0.00311250 RI 03-092771 WELD COUNTY 0.03296880 RI PO BOX 758 GREELEY C0806320758 03-009994 TED E. AMSBAUGH 0.00051870 ORI RR 1 BOX 168 BOTTINEAU ND583189723 03-107112 JEANNE A. ANDERSON 0.00002590 ORI 2630 FERN DR WESTMINSTER 00800305649 01-037385 BARRETT RESOURCES CORPORATION 0.00285310 ORI 1125 17TH ST STE 2400 DENVER C0802022044 03-107369 VICKI L. CLARK 0.00007780 ORI 405 URBAN ST STE 302 LAKEWOOD C0802281230 03-019484 STEPHEN B EVANS 0.00051870 ORI 215 UNION BLVD STE 450 LAKEWOOD C0802281841 03-110232 PAUL D. FRANKS 0.00103750 ORI 1856 BALSAM AVE. GREELEY C080631 01-057753 STEPHEN D. RICKS 0.00103750 ORI 4922 W. 10TH ST. RD. LONGBOAT KEY FL34228 03-078776 BARRY L SNYDER 0.00051880 ORI BLDG. 4, 777 S WADSWORTH BLVD STE 215 LAKEWOOD C0802264327 B 1353 PEC 0230! ,0 10/01/92 16 : 24 $0 . 0 4/005 9 ::;0;347 F 0120 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT A LEHFELDT C27-4&5 -- LEASE NUMBER 3O5651-O 1992-O9-15 DECIMAL INTEREST OWNER NUMBER OWNER NAME & ADDRESS INTEREST TYPE O3-O79924 CHRISTINA L. SNYDER 0.00007780 ORI 5562 GOLF COURSE DR MORRISON C0804652103 O1-O48729 TCW DR III ROYALTY PARTNERSHIP 0.04999460 ORI C/O TRUST COMPANY OF THE WEST ATTN: CHIEF FINANCIAL OFFICER 865 S. FIGUEROA ST, STE. 18OO LOS ANGELES CA90017 O1-O57783 TWO-B ENERGY CO. 0.00051880 0RI P O BOX 919O DENVER C080209 O3-O9O132 LAURENCE N. WATTS 0.00007780 ORI PO BOX 28O642 LAKEWOOD C0802280642 03-095530 ZENITH DRILLING CORP. 0.00103750 ORI 1OO N. BROADWAY, STE. 5O5 WICHITA KS67202 O1-O43674 GERRITY OIL & GAS CORPORATION 0.78324920 WI 41OO E MISSISSIPPI AVE U 12OO DENVER C0802223057 O3-1O9239 SNYDER OIL COMPANY 0.02443750 WI PO BOX 97O1O2 DALLAS TX753970001 920347 B 1353 REC 02305460 10/01/92 16 : 24 $0 .00 5/005 F 0121 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO TOTAL Total Petroleum,Inc. ((�� (( II � �� OkL SUITE 200 515 CENTRAL PARK DRIVE OKLA�SQfr g1*XL -113 A 73105-1702 TELEPHONE 405 525-8100 rn 1n_ crn 21 ffl 9: 25 CLEF„ Attention: Lisa Brewer Telephone:(405)557-7064 INSTRUCTIONS TO ALL INTEREST OWNERS (Read carefully before signing the enclosed instrument.) THE ENCLOSED INSTRUMENT SHOULD NOT BE ALTERED IN ANY WAY UNLESS ACCOMPANIED BY DOCUMENATION SUPPORTING THE ALTERATION. SIGNATURE: Sign your name as shown on the enclosed document. Please type or print your name below your signature together with your current address and social security number or taxpayer identification number. Have your signature witnessed by two disinterested people. If signing for a partnership, All of the partners must sign, unless a specific partner has been given signatory rights. A certified copy of his authority must - be furnished. If signing for a corporation, instrument must be executed by the president or vice president. The signature MUST be attested, corporate seal affixed and title of the signatory parties shown. SIGNATURE BY If the enclosed instrument is signed by an Agent, Guardian, Attorney-In-Fact, SECOND-PARTY: Estate Representative, Trustee, or any party other than the named interest owner, evidence of the executory rights of the signatory party must be attached. SOCIAL SECURITY Please provide your social security or taxpayer identification number. Failure NUMBER OR TAX to furnish this number will result in a 20% backup withholding tax in IDENTIFICATION accordance with federal income tax law and may subject you to a $50.00 NUMBER: penalty by the I.R.S. MAILING Indicate in the space provided the proper check mailing address. PRINT OR ADDRESS: TYPE. If you are already receiving checks from this company, please be certain to use the same address to which we are now mailing checks. LEASE NUMBER: The lease number that appears on the enclosed instrument will appear on the detail attached to your check and should ALWAYS be used when corresponding with this company. ADDRESS You should notify us PROMPTLY of any change in your mailing address. CHANGE: This notice must be over your own signature, or the signature of your appointed agent. Always include your owner number (which appears on your check from this company) and your old address. Then state your new address WITH ZIP CODE. SUSPENSE: If the word "suspense" or "requirement" appears next to your interest on the Division Order, you should contact the Operator and take whatever steps are necessary to clear the title problems so the interest can be released for payment. CHECKS: No check will be issued by Total Petroleum unless $25.00 or more is accrued for a particular owner number, except in December when checks will be issued regardless of amount. PLEASE USE OUR ENCLOSED, SELF-ADDRESSED ENVELOPE TO RETURN THE EXECUTED INSTRUMENTS, •WITHOUT DELAY, TO US. RETAIN THE EXTRA COPY FOR YOUR RECORDS. TOTAL PETROLEUM, INC. 515 Central Park Drive, Suite 200 Oklahoma City, Oklahoma 73105 920J47 Hello