HomeMy WebLinkAbout930135.tiff RESOLUTION
RE: APPROVE OIL AND GAS DIVISION ORDER TO ASSOCIATED NATURAL GAS, INC. FROM
BASIN OPERATING COMPANY, 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 an Oil and Gas Division Order
to Associated Natural Gas, Inc. , P.O. Box 5493, Denver, Colorado 80217, from
Basin Operating Company, Inc. , and
WHEREAS, said Division Order covers land more particularly described as
follows:
Township 2 North, Range 67 West, 6th P.M.
Section 13: Si
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 and Gas Division Order to Associated Natural Gas,
Inc. , P.O. Box 5493, Denver, Colorado 80217, from Basin Operating Company, Inc. ,
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.
930135
FMR
DIVISION ORDER - ASSOCIATED NATURAL GAS, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 8th day of February, A.D. , 1993.
{//'�� / BOARD OF COUNTY COMMISSIONERS
ATTEST:A / f1' //,��� WEL COUNTY, COLORADO
Weld County Clerk to the Board ,A07.7issp
Constance L. Harbert, airman
ICH /
Deputy ler to the Joar-d" W. H. bster, PrroiTem
le-11r-4
APPROVED AS T FORM:
3E/tS141
County Attorney Dale/4t. Hall
arbara S. Kirkmeyer
930135
LS:LS
DIVISI011 ORDER
(CONMINED CAC AND OIL)
AR232i561
TO: AtxClATID MUIWAI. CAS, INC. (aANCla> r'3
ASSOCIATED TRANSPORT NO TRADING compANT (•ATTCOa) •
Post Office Mom Sc93
4AS
Denver, Colorado 10.2175 S160' OIL
ATTN: , Division Order Department I Lease No.
Date December 7; 1992
Plant •
The undersigned, and eeaach of us, certify and guarantee that we are the legal owners of end hereby warrant the title to our
respective interests endt e proceeds
oceed derived from the sale of Cos and Oil (as sore individually defined herein) oduced and
saved frost the Y 34-13 lease or unit located in the County or Parish of Weld ,
State of Colorado more particularly described as follows:
TOWNSHIP 2 NORTH, RANGE 67 WEST
SECTION 13: S/2
(yarn Nn, CREDIT TO pTv15TON Or INTTRFST • DECIMAL
FOR DIVISION OF INTERESTS SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
Effective 8:00 A.N. Date .of 1st Production , and until further notice, you are hereby authorized to take or retain
po ion of all Get and oil from said property(ies) on and after the effective day and to give credit•as set forth above for
s.11 proceedsaderived from the tele thereof 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 November 8 , 19 91 , between
Basin Operating Company, Inc. at •Seller• and ASSOCIATED NATURAL GAS, •
INC. as •Guyer•, and that all terms end covenants contained therein, and in any amendments, extensions, •
or renewals thereof shalt govern end be binding upon the parties hereto in ■ll respects which shall
include, but not be restricted to, the price to be paid for said Gas tnt the time when such payments •
are to be made. As used in this Division Order, the term •Gas• shall be deemed to include casitghead.
gas, Dateline and all products which Associated Natural Gas. Inc. may receive and/or recover 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 ANC! and ATICO for any and all amounts which may be due us from others for
production prior to the effective date hereof.
Owners Sion Delut Taxpayer identification or
Sips met St s (Enter Nailing Address Social Security timber •
•
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ATTEST• 4///�jp • 84-6000813
WE COUNT TO )3 RD CONSTANCE L. HARBERT, CHAIRMAN 02/10/93
BY: WELD COUNTY BO4JW OF COr1MTSSIONFRS
DEPUTY CLERK TO BO Address P.O. BOX 758
GREELEY. CO 80632 ' •
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Address
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B 1370 REC 02321561 02/11/93 15 :51 $0 .00 1/005
F 1010 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Address
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9' 0135
•lc; IS 0
ztCCYar: Tic word 'oil* as used herein that include, but is nut limited to, turtiuuatc and all
marketable liquid hydrocarbons produced and' saved hereunder, but excluding that. recovered from
processing of Gas. All Oil r"cived and purchased hereunder shalt be mercl^table Oil'ad shall become
the property of ATTCO as s as the use is received into its Gusted, that of any carrier it _
designates. ATTCO shall not be expected to receive oil in definite quantities, nor for fixed periods,
nor to provide storage.
• THIRD: The oil received and purchased hereunder shall be delivered f.o.b. to any carrier ATTCO
designates which gathers and receives said Oil and ATTCO agrees to pay for such oil to the undersigned
according to the division of interests herein specified at the price agreed soon between ATTCO and the
lease operator.
FOURTH Quantities of Oil purchased hereunder shall be determined by the method of measurement and
cowuutation employed by AIreD or ATTCO's agent designated 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. ATTCO shall correct the volume end gravity toe temperature of G0° Fahrenheit and shall
deduct from such corrected volume the full percentages of basic sediment, water and other impurities
• as' shown by its test. ATTCO may refuse to receive any Oil it considers to be not merchantable.
FIFTH: Payments are to be made monthly by checks of ANGI for Gas and ATTCO for Oil to be delivered
or mailed to the parties thereto entitled at the addresses above given, provided that if the amount
due any owner is less than Twenty-five and 00/1(0 DoLlars ($2S.D0) per month, ANGI or ATTCO, at its '
option, may defer the making of such payment until such time as the aggregate amount due exceeds said
sum. The undersigned authorize ANGI and ATTCO to withhold from the proceeds of any and all Gas and
Oil 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. • •
SIXTH: In the event of any adverse claim of title or in the event title shell not be satisfactory to
ANGI or ATTCO et any time during the term of this Division Order, each of the undersigned agrees to
furnish complete abstracts of title and other evidence of title satisfactory to ANGI and/or ATTCO and
• authorizes same to withhold payment without obligation to pay interest on the amount so withheld, until
satisfactory indemnity shall be furnished to ANGI and ATTCO. Each undersigned party as to the interest
of such party hereunder respectively egrets, in the event suit is filed in any court affecting title
to said Gas and/or Oil, either before or after severance, to indemnify and save harmless ANGI and ATTCO
against any and all liability for loss, cost, damage and expense which ANGI or ATTCO say golfer or incur
on account of receiving and paying said party the proceeds derived from the sale placid Gas and/or •
Oil. Where ANGI and/or ATTCO, pursuant to the provisions hereof, withholds payment or any part thereof,
each undersigned party from whom payment is withheld severally agrees to indemnify and hold ANGI and
ATTCO harmless of and from all liability for any tax. together with all interest and penalties incident
thereto, imposed or assessed against or paid by then on account of the sun or sums so withheld from
• payment to said party and deduct ell such taxes, interest and penalties so paid by them from any sums
' owing by them to said party. If .suit is filed affecting the interest of the undersigned, written
' notice thereof shall be given ANGI-a d'ATTCO al the above address by the undersigned, together with •.
• certified copy of the complaint or petition filed. . If ANGI or ATTCO are aade.a party to such . ,.
proceedings, the undersigned agrees to indemnify same against any judgment rendered therein and to
reimburse ANGI and ATTCO for any costs, attorney's fees or other expenses incurred in connection
therewith.
SEVDJCITI: The undersigned severally agree to notify ANGI and ATTCO of any change of ownership and no
transfer of interest shall be binding upon ANGI or ATTCO until transfer order and the recorded • .
instrument evidencing such transfer, or a certified copy thereof, shall be furnished to ANGI or ATTCO.
Transfer of interest shalt be made effective 8:00 a.m. on the first day of the calendar month in which
proper notice is received by ANGI and ATTCO.' ANGI and ATTCO ere hereby relieved 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 as a result of the completion of discharge of money or other payments from . 0
said.interests and the signers hereof whose interests are affected by such money or other payments,
if any, agree to give ANGI and ATTCO notice in writing by registered letter addressed to ANGI and ATTCO
at the above address, directed to Division Order Department, when any such money or other payments have
been completed or discharged. or when any division of interest other than that set forth above shall.
for any reason, become effective and to furnish transfer order accordingly and that in the event such
notice shall not be received, ANGI and ATTCO shall be held harmless in the event of, and are hereby
released from, any and all damage or loss which might arise out'of any overpayment. Should adjustments • .
be necessary. ANGI and ATTCO shall have rights (but no duty) to set off any and all individual or joint
liabilities the undersigned has with same, including but not limited to proceeds from this and other
• lease interests owned by the undersigned.
EIGHTH: If any portion of the proceeds derived from the sale of Gas is subject to refund 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, ANGI may hold without interest the portion of the proceeds
subject to refund unless indemnity satisfactory to ANGI has been furnished, or until ANGI's refund •
obligation has been finally determined. If any portion of the proceeds derived from the sale of Gas
is paid over by ANGI 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. A and ATTCO are • 'AttuI
authorized to recover the amount of the refund applicable to the interest of each of the undersigned
from future payments (Gas and Oil) or at ANGI's election, it may invoice the undersigned therefor, plus
the legal rate of interest ANGI is or may be required to pay in convection with the undersigned's
portion of' the refund. •
NINTH: If the undersigned is a working interest owner end/or operator, he or she guarantees and
warrants that all Gas and 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.
ag-pp
tD(TH: 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. N9 termination of this Division Order shall be effective without giving thirty (10-)''days
prior written,notice. 11 the provisions of this Division Order are in conflict with the provisions
•
• of any oil and gas lease covering the above-described propel-tittles), the provisions of this Division
Order shall prevail. Each undersigned owner ratifies and confirms his oil and pas lease as being in
full force and effect as of the date hereof. In consideration of the purchase of Gas and Oil hereunder,
consent is given ANGI and ATTCD and any pipeline company which same may cause to connect with the welts
and tanks on said land, to disconnect end remove such pipelines, in case of termination by either ANGI
• or ATTCO or the undersigned of any purchases under this Division Order. In the event of conflict --
between the provisions of this Division Order and applicable law or regulations, the provisions of this
Division Order shell be deemed modified so as to comply with such law or regulation. •
•
•
B 1370 REC 02321561 02/11/93 15 :51 $0 .00 2/005
F 1011 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO•
• 9201�r •
EXHIBIT A
51160 WELD COUNTY 34-13
OWNER NO CREDIT TO PERCENTAGE INTEREST
4430 ENERGY MINERALS CORPORATION 2 . 643750 OI
21354 THOMAS H CONNELLY . 223682 OI
13055-*ftwwWELD COUNTY BOARD OF COMM 2 . 389843 RI
29115 ANTONE HEIT . 253904 RI
29117 GOTTLIEB HEIT . 253908 RI
29118 LEONARD J HEIT . 253908 RI
29119 GEORGE HEIT . 253908 RI
29122 JOHN HEIT . 253904 RI
29126 JULIA SACK .253904 RI
29130 ELIZABETH WETHINGTON . 253904 RI
29131 KATHERINE WUERTZ . 253904 RI
40839 EST OF GEORGE H GERHARDT . 351560 RI
P GERHARDT/A GREEN CO-PER REPS
41285 AMOCO PRODUCTION CO .442660 RI
ATTN TREASURY
46855 JAMES W MORGAN . 126954 RI
46856 JAMES M MORGAN . 042318 RI
46857 CAROL A PEARSON . 042318 RI
46858 PHILIP E MORGAN ("" ii. + n a . 042318 RI
B 1370 REC 02321561 02/11/93 15 :51 $0 .00 3/005930135
., mm n .nnnv ➢1A1 FFITVRRTETN CLERK & RECORDER WELD CO, CO
EXHIBIT A
51160 WELD COUNTY 34-13
OWNER NO CREDIT TO PERCENTAGE INTEREST
59829 CHARLES BUENO . 009240 RI
59830 SOLOMON BUENO . 007150 RI
59832 RAMONA BUENO . 002090 RI
59834 ANTHONY CHAVEZ . 003570 RI
59836 EVERETT CHAVEZ & FRANCES CHAVEZ . 003520 RI
59864 JACK WILSON EASTMAN 1 . 308590 RI
59867 ROBERT KERR & ANN KERR 2 . 784384 RI
JOINT TNENANTS
59869 BEN LUCERO & AUGUSTAN LUCERO . 009370 RI
59870 NANCY MCCRACKEN . 003910 RI
59875 ANNA SCHMIDT . 253908 RI
59877 WILLIS M PIPER & LINDA E PIPER . 039061 RI
59890 PEDRO M ROJAS .327150 RI
59891 ROMIE TRUJILLO . 010160 RI
59892 LEO VARGAS . 327150 RI
59893 LUCIO VARGAS & EBELIA VARGAS . 592090 RI
59894 SOLEDAD ROSIE VARGAS 1. 104492 RI
25604 BARBARA ANN DUNCAN TRUST . 352266 WI
B 1370 REC 02321561 02/11/93 15 :51 $0 .00 4/005 91;0135
F 1013 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
EXHIBIT A
51160 WELD COUNTY 34-13
OWNER NO CREDIT TO PERCENTAGE INTEREST
25605 ELIZABETH BURKE DUNCAN TRUST . 352266 WI
25608 NICHOLAS V DUNCAN . 352266 WI
25617 JWD III INC . 195747 WI
25622 MAJOR INVESTMENT COMPANY . 352266 WI
A PARTNERSHIP
39457 BASIN EXPLORATION INC 63. 348200 WI
C/O CENTRAL BANK N. A.
39718 CLUB OIL & GAS LTD 5 . 871128 WI
58860 34-13 WELD COUNTY W.O.D. I . 1 . 959782 WI
59863 WALTER DUNCAN ESTATE 5 . 871138 WI
J WALTER DUNCAN JR EXEC
59868 MARY LYNN DUNCAN LEEDY TRUST . 352266 WI
J WALTER DUNCAN JR TRUSTEE
59889 PLAZA RESOURCES COMPANY 5. 870193 WI
100. 000000
TOTAL
B 1370 REC 02321561 02/11/93 15 :51 $0. 00 5/OO5
F 1O14 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
970135
AMC--
A5SOCItTED TRANSPORT & TRADING COMPANY
INSTRUCTIONS TO ALL INTEREST OWNERS
THE ENCLOSED OIL DIVISION ORDER OR OIL TRANSFER ORDER SHOULD NOT BE ALTERED IN ANY
WAY EXCEPT TO CORRECT SPELLING ERRORS, UNLESS ACCOMPANIED BY DOCUMENTARY
EVIDENCE TO SUPPORT 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.
4. If signing for a corporation, signature must he attested, corporate seal fixed and title of
signatory party reflected.
5. If signed by 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 by 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 & Trading Company
P.O. Box 5493
Denver, CO 80217
Attention: Division Order Department
10. Should you have any further questions regarding the enclosed Oil Division Order or Oil
Transfer Order, please contact your Operator or Associated Transport & 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. Ir
910135
ccc ZEPJBUC'.CA • 370 SEEV-_'C_EN^,H 3,75,27 • DENVE7Z.CO'LO ADC 3232 • (30?)525.3231 • FAY.(30.3)5,5-2-=
MA'UNG ADDRESS: =O. =OX 52'73 • DEWER, COLORADO 522'7
Tiro
ASSOCIITED TRANSPORT & TRADING COMPANY
January 28, 1993 PS
V�+
„ y 2011993
Bruce T Barker ELD COUNTY
Office of County Attorney ATTORNEY'S OFFICE
P.O. Box 1948
Greeley, CO 80632
RE: Weld County 34-13
Dear Mr. Barker:
The Division of Interest for the above named well was provided to Associated
Transport & Trading by the Operator of the well.
We have forwarded your letter to the Operator. The operator is:
Basin Exploration
370 17th St. , Suite 1800
Denver, CO 80202
(303)685-8000
Deb Milano
If you have any questions, please contact us.
Sincerely,
ASSOCIATED TRANSPORT & TRADING COMPANY
Larry S sman
Division Order Department
LS:ls
9,301.35
900 REPUBLIC PLAZA • 370 SEVENTEENTH STREET • DENVER,COLORADO 80202 • (303)595-3331 • FAX(303)595-0480
MAILING ADDRESS: P.O. BOX 5493 • DENVER, COLORADO 80217
M.; I;;;;\
OFFICE OF COUNTY ATTORNEY
PHONE(303)356-4000 4391
BOX P.O. BOX 1948
GREELEY, COLORADO 80632
wine.
COLORADO
December 18, 1992
Associated Transport and Trading Company
PO Box 5493
Denver, CO 80217
ATTN: Division Order Department
RE : Division Order for Weld County 34-13 Unit
Dear Sirs :
The Board of County Commissioners of Weld County, Colorado,
recently received a Division Order for property located in the
south half of Section 13, Township 2 North, Range 67 West of the
6th P.M. , Weld County, Colorado. The Unit is known as the "Weld
County 34-13 . " A copy of the Division Order is enclosed.
The Division Order includes a royalty interest of 2 . 389843 per cent
for the Weld County Board of County Commissioners . The Clerk to
the Board' s records do not include any information which would
support the royalty interest as set forth in the Division Order.
Therefore, we respectfully request that you provide us with some
information which would provide evidence that the royalty interest
as set forth therein is correct.
Please call me at 356-4000, extension 4389, if you should have any
questions regarding this letter or any information to help the
Board determine if the royalty interest is correct.
Very truly your,
Bruce T. Barker
Assistant Weld County Attorney
BTB/db
Enclosure
930135
BASIN
OPER ►� TING F Ea o z lase
ICOMPANY ELD COUNTY
ATTORNEY'S OFFICE
January 29, 1993
Bruce T. Barker
Weld County
Office of County Attorney
P.O. Box 1948
Greeley, CO 80632
Re: Weld County 34-13
S/2, Sec. 13-2N-67W
Weld County, Colorado
Dear Mr. Barker:
Reference is made to your letter to Associated Natural Gas, Inc. ,
dated December 18, 1992 , wherein you requested some information
about the captioned well and the Board of Commissioners ' interest
therein.
The Weld County 34-13 is a new well drilled by Basin Operating
Company located in the SWSE of Section 13, Township 2 North, Range
67 West. It is an offset well to Amoco ' s Jack Eastman Gas Unit.
It shares the same spacing unit and the interest of the Board of
Commissioners should be consistent between both wells (given a
small rounding variance) . Upon review of Basin ' s records, it
appears that Amoco was remitting a 0 . 0238986 RI to the Board under
the Jack Eastman Gas Unit. The division of interest that you
received from Associated Natural Gas, Inc. credits the Board with
a 0 . 02389843 RI under the Weld County 34-13 .
I am hopeful that this review has given you some insight into the
Board of Commissioner ' s interest under the Weld County 34-13 . If
you require additional assistance, please advise.
Sincerely,
Debra Milano
Division Order Supervisor
9201335
370 17th Street, Suite 1800 Denver, Colorado 80202 Office 303/685-8000 FAX 303/685-8010
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