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HomeMy WebLinkAbout940102.tiff RESOLUTION RE: APPROVE BASIC DIVISION ORDER TO MARATHON OIL 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 Basic Division Order to Marathon Oil Company, P.O. Box 2049, Houston, Texas 77252-2049, and WHEREAS, said Division Order covers land more particularly described as follows: Township 7 North, Range 57 West, 6th P.M. Section 11: NE NW 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 Basic Division Order to Marathon Oil Company, P.O. Box 2049, Houston, Texas 77252-2049, 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. 940102 LC0l3b CC ini4A'r1l"tlorl DIVISION ORDER - MARATHON OIL COMPANY (NE NW Sll, T7N, R57W) PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of January, A.D. , 1994. ,A BOARD OF COUNTY COMMISSIONERS ATTEST: FF WELD COUNTY, COLORADO /V J7i'a•✓� /v LYidU f g/ Weld County Clerk to the Board �' 4`/`✓ )k'�fe��! i W. eb ter, hai an BY: Dale Cler to the Bojrd Da a K. Ha 1, _ ro- em APPROVED AS TO FORM: EXCUSED Gegrge E. Baxter � ":022-fr-vu-- C7S <I/2, x.74-//47:9 7-1 EXCUSED DATE OF SIGNING (AYE) Count Att r ey Constance L. Harbert EXCUSED DATE OF SIGNING (AYE) Barbara J. Kirkmeyer 940102 &; 2379939 BASIC DIVISION ORDER EAK • D 0 No: E300273 Property Name: WELD COUNTY - KINDT #1 Operator: MAGPIE OPERATING INC Date Issued: 12/14/1993 Effective: 11/01/1993 To: Marathon Oil Company (Marathon) P. O. Box 2049 Houston, Texas 77252-2049 Attn: Division Order The undersigned severally and not jointly certifies it is the legal "Owner" of the interest set out below of all the oil and related liquid hydrocarbons produced from the property described below: NE NW, SEC. 11-7N-57W WELD COUNTY a Located in the COUNTY of WELD, STATE of COLORADO Subject to the covenants on the reverse side and until further notice given either by Marathon or the "Owners", Marathon is authorized- to receive and purchase the Oil produced from the above-described property and give credit for such Oil as follows: DIVISION OF INTEREST TYPE OWNER NO. OWNER NAME AND ADDRESS FRACTION DECIMAL INTEREST E3012253 WELD COUNTY CLERK OF THE BOARD 0.125000000 RI P 0 BOX 758 GREELEY CO 80632 SOC SEC NO/TAX ID: INSTRUCTIONS FOR SIGNING EXECUTE IN INK EXACTLY AS YOUR NAME APPEARS ABOVE AND HAVE YOUR SIGNATURE WITNESSED. If executing,on behalf of a corporation, indicate your official title and affix corporate :Li/attested by the secretary or assistant secretary. If executing as Atto 'v k ict, tack a copy of your authority. BE SURE TO FURNISH YOUR TAX IDEN CA ON , . CORRECT MAILING ADDRESS (INCLUDE ZIP CODE, POST OFFICE BOX Kitt `� ET ADDRESS). Failure to furnish your Social /Secur Tex, - 1 result in 20 percent withholding tax in accordance with fed _„ } - withheld will not be refundable by payor. - " ' J WI , I O iNE ) (TAX I.D. NO. ) ATTEST: : ��ii' )� . � � 84-6000-813 WELD CO 1 ,./a 5. +L.y:ii W.H. CHAIRMAN gay( BY: t4 ' BOARD OF COUNTY COMMISSIONERS DEPUTY CL K 0 B+ ." WELD COUNTY. COLORADO (REMITTANCE ADDRESS) Address PO BOX 758 PO BOX 758 GREELEY, CO 80632 GREELEY. CO 80632 B 1424 REC 02370939 01/26/94 15 :58 $0 .00 1/002 F 0548 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Form 50812 Rev.10/93 940102 GEGI� Marathon Oil Company BASIC DIVISION ORDER COVENANTS • • THIS AGREEMENT DOES NOT AMEND ANY LEASE OR OPERATING AGREEMENT BETWEEN THE INTEREST OWNERS AND THE LESSEE OR OPERATOR OR ANY OTHER CONTRACTS FOR THE PURCHASE OF OIL OR GAS. The following provisions apply to each interest owner ("Owner") who executes this agreement. TERMS OF SALE: The undersigned y,ill be paid in accordance with the division of interests set out on the reverse side hereof. The payor shall pay all parties at the price agreed to by the operator for oil to be sold pursuant to this Division Order. Purchaser shall compute quantity and make corrections for gravity and temperature and make deductions for impurities. PAYMENT: From the effective date, payment is to be made monthly by payor's check, based on this division of interest, for oil run during the preceding calendar month from the property listed on the reverse side hereof, less taxes required by law to be deducted and remitted by payor as purchaser. Unless otherwise provided by law, payments of less than $50.00 may be accrued before disbursement until the total amount equals $50.00 or more or until December 31 of each year, whichever occurs first. Payee agrees to refund to payor any amounts attributable to an interest or part of an interest that payee does not own. INDEMNITY: The Owner agrees to indemnify and hold payor harmless from all liability resulting from payments made to the Owner in accordance with such division of interest, including but not limited to attorney fees or judgements in connection with any suit that affects the Owner's interest to which payor is made a party. DISPUTE: WITHHOLDING OF FUNDS: If a suit is filed that affects the interest of the Owner, written notice shall be given to payor by the Owner together with a copy of the complaint or petition filed. In the event of a claim or dispute that affects title to the division of interest credited herein, payor is authorized to withhold payments accruing to such interest, without interest unless otherwise required by applicable statute, until the claim or dispute is settled. TERMINATION: Termination of this agreement is effective on the first day of the month that begins after the 30th day after the date written notice of termination is received by either party. NOTICES: The Owner agrees to notify payor in writing of any change in the division of interest, including changes of interest contingent on payment of money or expiration of time. No change of interest is binding on payor until the recorded copy of the instrument of change or documents satisfactorily evidencing such change are • furnished to payor at the time the change occurs. Any change of interest shall be made effective on the first day of the month following receipt of such notice by payor. Any correspondence regarding this agreement shall be furnished to the addresses listed unless otherwise advised by either party. In addition to the legal rights provided by the terms and provisions of this Division Order, an Owner may have certain statutory rights under the laws of this state. 940192 Form 50812 Rev.10/93 P 1424 REC 02370939 01/26/94 15 : 58 $0 .00 2/002 F 0549 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Division „rder& Contract Mgmt. Marathon P.O. Box 2049 MARATHON Oil Company Houston, Texas 77252-2049^ . , `':� Telephone 713/629-6600 ' December 14, 1993 Re: CO D.O. #273 , Weld County Kindt #1 Dear Interest Owner: Effective November 1, 1993 Marathon Oil Company will disburse proceeds from the crude oil production from the farm account named on the enclosed Division Order. If you are in agreement with your interest as set forth on this document, please execute it in accordance with the instructions provided. Thank you for your immediate response in returning the executed Division Order. If you have any questions, please feel free to contact me. Yours very truly, Liddy A. Kimmel Division Order & Contracts EAK/jz Enclosures A subsidiary of USX Corporation 340j.(22 Hello