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Home My WebLink About920379.tiff Altal 362 RESOLUTION RE: APPROVE GAS DIVISION ORDER TO NORTH AMERICAN RESOURCES 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 a Gas Division Order to North American Resources Company, 16 East Granite, Butte, Montana 59701, and WHEREAS, said Division Order covers land more particularly described as follows: Township 2 North, Range 64 West, 6th P.M. Section 30: W2 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 North American Resources Company, 16 East Granite, Butte, Montana 59701, 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 1334 REC 02286362 04/30/92 15:50 $0.00 1/006 F 1541 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 0379 0707 DIVISION ORDER - NORTH AMERICAN RESOURCES CO. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of April, A.D. , 1992. BOARD OF COUNTY COMMISSIONERS ATTEST: / fi 4/ F WELD COUNTY, COLORADO aoted_J, Weld County Clerk to the Boar �. \ .‘i George Ken edy, Chairman BY: _ De lYlvrl<to tie;Board Constan�arbert, Pro-Tem APPROVED OR�f /Ct �4•d:ft C. W. Ki by County Attorney Gor . L cy W. H. Webster B 1334 REC 02286362 04/30/92 15:50 $0 .00 2/006 F 1542 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 920379 • GAS DIVISION ORDER TO: NORTH AMERICAN RESOURCES COMPANY EFFECTIVE: January1,1991 The below named parties,hereinafter designated as"OWNERS",and each of them by their signatures hereto affixed,do hereby represent,certify and warrant that they are the legal owners in the proportions set out below of all the gas and associated liquid hydrocarbons produced from or allocated to the well,acreage or communitized area more particularly described as follows: Township 2 North,Range 64 West Section 30:W2 Gurtler#1 in Weld County,State of Colorado,and are entitled to receive payments for gas taken or sold off of the premises,and until further notice credit for such gas so taken or sold from said premises shall be given as directed below: CREDIT TO DIVISION OF INTEREST MAILING ADDRESS See Exhibit"A"attached o o NORTH AMERICAN RESOURCES COMPANY,hereinafter called"OPERATOR"may sell and M o deliver to any purchaser and then remit to the OWNERS as set out herein for all gas and • associated liquid hydrocarbons,including condensate produced,saved and sold from said premises as follows: o W 0 3 1. Payment for gas shall be paid to the OWNERS according to the division of interest o(4 shown above.Payment therefor may be made monthly by the OPERATOR mailing to such o parties its check therefor at the post office address stated,on or before thirty(30)days 8 after receipt by OPERATOR of sufficient information upon which settlement therefor may c.) be made.If the amount accruing to the interest of any Owner herein is less than Twenty o a Five Dollars($25.00)in any one month,the proceeds of such runs may,at the option of • OPERATOR,be accumulated and paid without interest on an annual basis,payment to be made in December of each year. a If a refund of a portion of the proceeds derived from the sale of gas may be O• required under any order,rule or regulation of the Federal Power Commission or other o z governmental agency having jurisdiction thereof,or the provisions of the "Natural Gas w Act",the price for gas shall be calculated on the basis of the unsuspended or unconditional h certificated price for such gas.OPERATOR may hold,without interest, the portion of w proceeds subject to possible refund until the amount of the refund,if any,is determined by D final unappealable order of the Federal Power Commission or such other governmental w agency.OPERATOR is also expressly authorized and given the right,in its sole discretion,to w withhold or deduct from the share of any disbursement,directed hereunder attributable to z any Owner,a sufficient sum to pay all ad valorem taxes,applicable State and Local taxes, KC Resource Indemnify Fund Tax and any other tax(excluding income taxes)that will become o• due and payable by any Owner,and to pay such taxes and render a full account of any such taxes paid by it to any Owner for whom such taxes have been paid. C4 m 2. Settlement for the above interests shall be made on the basis of the net proceeds M received from the sale of gas based upon the volume computations made or accepted by the purchasers thereof. "Net Proceeds" means the amount received from such sale less as w transportation,dehydration,separating,treating,processing and compression charges and other costs or expenses,if any.OPERATOR may sell gas to any purchaser of its choice at such quantities and prices as it shall deem prudent.However,in the event the sales price for gas is established or regulated by the Federal tower Commission,or 5,, y��nmentai authority,the price applicable to such sales for the purpose of calculating net proceeds shall be the unsuspended or unconditional certificated price for such gas determined by final unappealable order of the Federal Power Commission or such other governmental agency. 3. Payments so made are to be in full settlement for such gas so taken or sold from said premises. 4. OWNERS severally shall notify OPERATOR of any change of ownership,and no transfer of interest shall be binding upon OPERATOR until a request to make such transfer and the recorded instrument evidencing such transfer,or a certified copy thereof,shall be furnished to OPERATOR.Transfers of interest shall be made effective not earlier than the first day of the calendar month in which notice is received by OPERATOR.OPERATOR is 920319 LE0oS>- 3 relieved hereby of any responsibility for determining if and when any of the interests set forth above shall or should revert to or be owned by other parties as the result of the completion or discharge of money or other payments from said interests and the OWNERS whose interests are affected by such money or other payments, if any, assume said responsibility and shall give OPERATOR notice in writing by certified letter addressed to OPERATOR, when any such money or when any other division of interest than that set forth above shall, for any reason, become effective, and to furnish requests for transfer accordingly, and that in the event such notice shall not be received, OPERATOR 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. 5. In the event of any dispute or question at any time concerning title to the above described lands, or the gas produced therefrom, OPERATOR may hold the proceeds of all gas runs hereunder, until indemnity satisfactory to OPERATOR has been furnished or until such dispute or question of title is corrected or removed to court affecting title to either the real property above described or to the gas produced therefrom in which any of the undersigned are parties, written notice of the filing of such action shall immediately be furnished to OPERATOR by the undersigned, stating the court in which the same is filed and the title of such action or suit, and OPERATOR or any purchaser of gas runs shall be held harmless from and any judgment rendered in such suit and all reasonable costs and expenses incurred in defending against said claim whether in OPERATOR's defense of the gas purchaser, and the undersigned shall pay said judgment and said costs and expenses in the proportion and to the extent that the same affects his or their interest. Where, under this provision the proceeds of any gas sales are retained, OWNERS agree to indemnify and hold the OPERATOR harmless from any liability for any tax proposed or assessed against or paid on account of such retained proceeds, together with the penalties incident thereto, and the OPERATOR may deduct the same from any amount owing by it to OWNERS. In the event of overpayment for gas to the interest of any Owner herein, OPERATOR is authorized upon discovery thereof to recoup such amounts from future accruals to this or any other interest of such Owner for which OPERATOR may make settlement. 6. This Agreement shall be binding upon all parties agreeing hereto irrespective of whether all parties owning an interest in the minerals, royalty, and leasehold estates execute the same, and shall extend to and be binding upon their respective heirs, devisees, executors, legal representatives, successors and assigns. This Agreement may be attached as an exhibit to any other document and incorporated therein by reference for all purposes and execution of any such document to which this Gas Division Order may be attached shall be deemed to be for all purposes of the same force and effect as execution of this document. 7. If applicable, the OPERATOR will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and any amendments or supplement thereto and of the rules, regulations and relevant orders of the Secretary of Labor. 8. Special Provision:. 84-6000813 ggi Federal ID Number =.rge Ken y, C, •/f �� '/92 Weld County Board of Commissioners )(ATTEST: MailingAddress We . County : Board 915 10th Street P.O. Box 758 X BY: Greeley, CO 80632 deputy C er ��`:o4₹ti -- April 27, 1992 X B 1334 REC 02286362 04/30/92 15: 50 $0. 00 4/006 F 1544 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 2 STATE of Colorado ss COUNTY Weld _ ) — On this 27th day of April , 1992, before the undersigned Notary Public in and for the State of Colorado , personally appeared George Kennedy known to me to be the person/s whose name/s is/are subscribed to the within and foregoing igsfruttient and acknowledged to me that they executed the same. / .`'fix= Una Fy Pu i in ! . for h State of y`it( t Colorado Residing at Greeley � My Commission Expires t9lp000E1SS1C-- 4/111110f0',)Y995 B 1334 REC 02286362 04/30/92 15 :50 $0 .00 5/006 F 1545 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 020 tchr EXHIBIT "A" Attached to that certain Gas Division Order effective January 1, 1991, covering the Gurtler #1 Well W2 Sec 30,T2N R64W OWNER OWNER NAME INTEREST 8128 Russell L. Gurtler Jr. .02155% RI 9327 Eva M. Gurtler 3.09102% RI 8642 Colorado National Bank,Trustee 3.11257% RI T.E. McClintock Trust 8505 William R and Shirley L. Graybill .04579% RI 8399 Dorothy Hartshorn 2.77426% RI 8343 Daniel Cooper & Peter Press .56161% RI 12762 Joan M. Bumpas .27343% RI 12763 Jerald C. Starks .27343% RI 12764 Michael E. Starks .27343% RI 12765 Roy D. Starks .27343% RI 12766 Kevin J. Starks .27343% RI 12767 Mary I. Starks .27343% RI 12768 Robert C. Starks .27343% RI 12769 Margo J. Hayes .27343% RI 8222 Marathon Oil Company .79654% RI 9173 George E. Walters .24591% RI 8035 Weld County, Colorado .72635% RI 8699 Vessels Oil & Gas CO. .67629% OR (1) 7925 Rancho Partnership LTD .28498% OR (1) 10828 F. O. LTD .05300% OR (1) & (2) 8450 Martin L. Rogers .04417% OR (1) 12525 E.O. G. Oil Company .00949% OR (1) 7384 Pacific Enterprises Oil (USA) 1.14387% OR 8222 Marathon Oil 2.12433% OR 9887 James F. Richardson .54470% OR 9915 Main Energy Inc. .54470% OR 12770 Robert L. Poundstone Trust .04228% OR (1) 12771 Everett O. Cummings .04228% OR (1) 12771 hamnc A %A/ .rLm nnrrni rn i. 9000 Amoco Production Co. 1.01689% OR 22 North American Resources Co. 79.88461% WI 100.00000% (1) Suspended per comment and requirement set out in copy attached. (2) See additional requirement. B 1334 REC 02286362 04/30/92 15 :50 $0 .00 6/006 F 1546 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO WEL n' :TY NORT AMERWWSN BZSOVRCES COMPANY - e\ ) C� ��G€��RAQOFFIGFi�: EAST GRANITE, BUTTE, MONTANA 59701 ' I"- " ' TELEP'Hbf4E(40%)723-5421 • FAX(406)782-8405 r r-.v April 16, 1992 To Interest Owners RE: Gurtler #1 Weld County, Colorado Greetings: Enclosed please find two (2) copies of a Gas Division Order relative to your interest in the above captioned well. Kindly review the enclosed, if you find them in form, please sign them. Enter you tax identification number and current mailing address. Have your signature notarized and return one copy to this office in the self addressed stamped envelope provided. Also enclosed is a W-9 form. Please complete and return with your executed Division Order. Thank you for your attention to this matter. If you should have any questions, please contact this office. Very truly yours, r t , Mary Kay Thompson Supervisor Lease Administration MKT/kmg Enclosures KMG/30/0307 Hello