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Home My WebLink About910359.tiff RESOLUTION RE: APPROVE DIVISION ORDER FROM TOTAL PETROLEUM, 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 in O WHEREAS, Weld County, Colorado, has received a Division Order from Total c U Petroleum, Inc. , and • � O U A WHEREAS, said Division Order covers land more particularly described as 4 follows: oW o $ Township 1 North, Range 65 West o a a w Section 2: NW/4 NE/4 % Weld County, Colorado O U ^� a WHEREAS, Weld County is entitled to a one-eighth royalty interest on M rn production, and ox a aWHEREAS, in order to receive said royalty interest, Weld County must ON U execute said Division Order, a copy of which is attached hereto and incorporated o z herein by reference, and � W a E oa w WHEREAS, said Division Order has been reviewed by a member of the Weld co O County Attorney's staff and found to be in order, and ow o W rn N 2 WHEREAS, the Board deems it advisable to approve said Division Order on the o parcel of land described herein. C4 U ai a NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld a County, Colorado, that the Division Order as submitted by Total Petroleum, Inc, N rn 515 Central Park Drive, Suite 200, Oklahoma City, OK 73105-1702, on the hereinabove described parcel of land be, and hereby is, approved. mw BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Division Order. 910359 LtCa- I Page 2 RE: DIVISION ORDER - 52, T1N, R65W The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of April, A.D. , 1991. ATTEST: idue:17 BOARD OF COUNTY COMMISSIONERS WELD COUN Y COLORADO in 0 o U Weld County Clerk to the Board Cl O Gora ac airman U a By: l ,44/7/44— �� EXCUSED DA E OF SIGNING o W Deputy clerk to the Boarder George Kennedy, Pro-Tem oz APPROVED AS FORM: EXCUSED W a ` Constance L.. Harbert q./At ,. a County Attorney C. W. Kirby M .. w e o � W W. H. Webst ��l lll/// Ha Q+ U � z ui F oa co w oW ow rn 'Trz N 2 N 4 O U fx a � 01 � of ti N 01 N N W W 910359 TO: Total Petroleum, Inc. - DIVISION ORDER Lease Number 60994 515 Central Park Drive Oklahoma City, OK 73105 April 15 N91 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 - NAACO -- MCGILL #1 farm or lease, located in Weld County, State of Colorado , more particularly described as follows: NW/4 NE/4 of Section 2-1N-65W. Effective 7 a.m., 1st day of Marcb , 199.,1_,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 to O oU o See Exhibit "A" Attached for Division of Interest. • m0 U Q a oW 03 oa hW Q 0 U W Ma M 7! 01 O rYi 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 (W and purchased hereunder shall be computed i terms of 02 U.S.gallons per barrel from regularly compiled tank tables showing the full capacity of the tanks Corrections for temperature and deductions for W 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 T ` render it merchantable. ZSECOND:The ail 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 O H posted and upon the basis therein indicated on that day by you for the same kind and quality of ail in the field in which it is received.If it is necessary to transport crude oil hereunder by truck.then.In that event,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 W 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.motnhly for oil received and to EI 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 O a 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 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 statutory accumulated to the credit W of the 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 tD 0 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 0 III IW the same in our behalf. 01 THIRD:In case of any question,controversy or adverse claim of title which in your opinion adversely affects tide to any interest credited hereunder,or in case tide.shall not be satisfactory to you at any 7-r time during the term of this division order,each of the undersigned agrees to furnish complete abstract of tide and other evidence of tine satisfactory to you and authorizes you to retain the purchase price of N ,Za 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 title,or until N kq 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, O L. 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 U G 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. a 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 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 relined • tiv1Z 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 N n 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, 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 of interesnhan 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 kit 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 undersigned for the above-described property. 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 yon CO 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. 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 ha,e so 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 DP Lion Order now in effect and force. SEVENTH:You are authorized and directed to deduct operating expenses asfurished by the lease operator from the undertg d. ' teet same is participating or pooled working t etas set out herein,in the oil produced and saved from the above described lands and remit same to the lease operator l ne undersgneuw- toot to tett tees, o mm na.r!f of chars',rid of operating expenses at such intervals as agreed upon by the operator and the undersigned working interest owner. SIGN URE OF WITNESSES SIGNATURE OF OWNERS SOCIAL SECURITY Y�""""��C OR ATTEST: TAXPAYER NUMBER WELD COUNTY CLERK 'TO BOARD GORDON E. LACY HAIRMAN 84-6000813 BY: � r" /� f+ - p WELD COUNTY BOARD OF COMMISSIONERS DEPUTY CLERK TO BOARD ADDRESS: P.O. BOX 758 TELEPHONE: GREELEY, CO 80632 (303) 356-4000 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. ]61O18 R5/90OPCo. 91_0359 ,. U 1...L.,C E rr�y�� a+Ja EXHIBIT A LEASE NUMBER 60994-0 1991-04-05 INTEREST OWNER NAME AND ADDRESS DECIMAL INTEREST TYPE KATHERN HARRIETT BOWERS A,K,A 0.00459820 RI K. H. BOWERS 2508 MT. SOPRIS DRIVE GRAND JUNCTION CO81503 WILMA HARDIMAN 0.00642860 RI - 3628 SOUTH FORT SPRINGFIELD 4065807 JERRY M. IRELAND 0.00020580 RI o 0 220 COURTNEY LANE ORINDA CA94563 v0 0 A W. THOMAS IRELAND 0.00020570 RI - o W 700 CHIQUITA AVENUE #13 0 3 MOUNTAIN VIEW CA94041 oa nW 4 a MARGARET FERN KENT 0.00642860 RI 0 0 639 JESSUP, APT. C M a BRIGHTON C080601 M 01 o W RON MAYNARD 0.01838900 RI - a 12600 E 114TH AVENUE 010 HENDERSON CO80604 en E - JOHN L MCGILL 0.01285720 RI o W 22461 I-76 ACCESS ROAD w HUDSON CO80642 o W ow o+ N Z PHILLIPS PETROLEUM COMPANY 0.00060550 RI - N < P O BOX 160 o >4 ST. LOUIS MO631500160 W a r rn VITHA CRYSTAL REYNOLDS 0.00459820 RI - N m 16636 NORTH 58TH, #1083 SCOTTSDALE AZ85254 � w ALICE THELMA SPAYD 0.00459830 RI - 230 S 22ND AVENUE BRIGHTON CO80601 ARLIE MARIE SWAN 0.00459830 RI - 2508 MT SOPRIS DRIVE GRAND JUNCTION CO81503 MAXINE U WARREN, LIFE TENANT 0.00164600 RI - 2405 W 18TH STREET GREELEY CO80631 ROBERT G WARREN 0.00041150 RI - 1140 SUMNER STREET LONGMONT CO80501 WELD COUNTY BOARD OF 0.05942530 RI - COMMISSIONERS 910359 EXHIBIT A LEASE NUMBER 60994-0 1991-04-05 INTEREST OWNER NAME AND ADDRESS DECIMAL INTEREST TYPE 915 10TH ST. GREELEY CO80631 RICHARD N. DODGE AND 0.00176430 ORI - CONSTANCE J.N. DODGE, JT 8674 E. MINERAL CIRCLE ENGLEWOOD, CO80112 o O DOUBLE EAGLE 0.02971270 ORI go PETROLEUM AND MINING COMPANY �O BOX 766 o CASPER WY82602 A a O Ga 3 NARCO 0.00475000 ORI - o 16 EAST GRANITE 4- 41 BUTTE MT59701 x 0 U r"iW J J 6 S DEVELOPMENT COMPANY 0.03379310 WI - M C/0 G R SHIARELLA rn '° 10 EAST END AVENUE, SUITE 1-K OX NEW YORK NY10021 w ria 01v NARCO 0.41877680 WI 0 Uzi 16 EAST GRANITE O--- E.1 BUTTE MT59701 ow a w o �j NUECES DEVELOPMENT COMPANY 0.03379310 WI - 0 G+ C/0 G R SHIARELLA - 1985 e z 10 EAST END AVENUE. SUITE 1-K N NEW YORK NY10021 O W a YORK DEVELOPMENT COMPANY 0.35241380 WI - o C/0 G R SHIARELLA rn N 10 EAST END AVENUE, SUITE I—K Na' NEW YORK NY10021 A G. 91C3S9 `�.. ... .. . ,, TOTAL Total Petroleum,Inc. SUITE 200 515 CENTRAL PARK DRIVE OKLAHOMA CITY. OKLAHOMA 73105 170 2 ` TELEPHONE J 405:52,)8100 TC INSTRUCTIONS TO ALL INTEREST OWNERS REFERENCE: Well Name: McGill #1 Lease Number: 60994 Forster First Purchaser: Tower Energy Corporation Effective Date: March 1, 1991 (Read carefully before signing the enclosed instrument.) Your check for oil (or condensate) production from the above referenced well will now be issued to you by Total Petroleum, Inc. If you were in a "pay" status with the former purchaser, you will remain in a "pay" status with Total Petroleum, Inc. for a 30 day grace period, to allow you time to execute and return the enclosed division order. At the end of 30 days, if your signed division order is not received, your interest will be placed in suspense. If you were in suspense with the former purchaser, you will remain in suspense with Total. We are anxious to open your account for payment and will work with you to do so. 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 people, not related to the party signing. If signing for a partnership, ALL of the partners must sign, unless a specific partner has been given signatory rights. A 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 party shown. If the enclosed instrument is signed by an Agent, Guardian, Attorney-In-Fact, Estate Representative, Trustee, or any party other than the named interest owner, evidence of the executory rights of the signatory party must be attached. Please provide your social security or taxpayer identification number. Failure to furnish this number will result in a 20% backup withholding tax in accordance with federal income tax law and may subject to you a $50.00 penalty by the I.R.S. Indicate in the space provided the proper check mailing address. PRINT OR 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. 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. You should notify us PROMPTLY of any change in your mailing address. 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. If the work "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. No check will be issued by Total Petroleum, Inc. 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 THE ENCLOSED, SELF-ADDRESSED ENVELOPE AND RETURN THE EXECUTED AND COMPLETED INSTRUMENTS, WITHOUT DELAY, TO THE ADDRESS ABOVE. RETAIN THE EXTRA COPY FOR YOUR RECORDS. Sincerely, Carolyn Frosco Division Order Analyst (405) 557-7037 910359 1-€0Db Hello