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HomeMy WebLinkAbout920039.tiff AR2275876 RESOLUTION RE: APPROVE GAS AND OIL DIVISION ORDER TO ASSOCIATED NATURAL GAS, INC. FROM DACONO 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 ny W u r u� w WHEREAS, Weld County, Colorado, has received a Gas and Oil Division Order r to Associated Natural Gas, Inc. , P.O. Box 5493, Denver, Colorado 80217, from Dacono Oil Company, and n 'fJ N WHEREAS, said Division Order covers land more particularly described as Z t‘) follows: h] 03 [ti w Township 2 North, Range 67 West, 6th P.M. C to Section 31: N14014/Ito Weld County, Colorado H 2 H N Z N WHEREAS, Weld County is entitled to a one-eighth royalty interest on n c tiroproduction, and z ln x H WHEREAS, in order to receive said royalty interest, Weld County must m execute said Division Order, a copy of which is attached hereto and incorporated vw herein by reference, and exi 0 d WHEREAS, said Division Order has been reviewed by a member of the Weld t;Lo County Attorney's staff and found to be in order, and E o trio r WHEREAS, the Board deems it advisable to approve said Division Order on the parcel of land described herein. 0 . o nc 0 co NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Gas and Oil Division Order to Associated Natural Gas, Inc. , P.O. Box 5493, Denver, Colorado 80217, from Dacono Oil Company, 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. 920039 r nr7Ll GC ft/QGI1 Or4GP&UO OIL 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 15th day of January, A.D. , 1992. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Cledetpdtike Board y y, Geo e Kennedy Chairma BY: \.-�j\(y� /C /ma Y l l Ki tre Deputy C rk to the Board onstance L. Harbert, Pro-Tem 0n w Ul APPROVED AS T FORM: �o C. W. Kir t OC ) _‘;County Attorney Gord . Lac 'y N z N W. H. Webster M °J tTi w C CT7 cn o H N Z n Lo [ N tr x• 01 R w • N [z7 • bei O d • o • o tl] r d n O N O n o o co 920039 _E f' • L2VSSI011 oRfsTm Cc (COKIIIIIED CAS AND oxL) • TO: ASSOCIATED IATURAL 6AS, SIC. ("ANSI") TO i _ ASSOCIATED TRANYONT ND TRADING COIVANT (•ATTCO') . . -' Poet Office Sox Sao3 Gas {5016AA Denver, Colorado 60217 Oil 50850AA ATTN: Division Order Deportment Lute No. DateNovember 27, 1991 Plant 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 in the proceeds derived frost the sale of Gas and Oil (as more individually defined herein) produced and saved from the Frederick Unit A lease or unit located to the County or Parish of Weld State of s.oso.aao more particularly described as follows: Township 2 North. Raise 67 West h7 bJ Section 31: NW/4NW/4 N w 61 N As to production from the Sussex-Shannon formation o CO . . tJ CTJ • n OWNEN ND, CREDIT TO DIVISION DE INTEREST DECIMAL 2 'Y, N Z J See attached exhibit "A" for ownership listing CO tries • rn to En tn H b7J H N Effective 5:00 A.M. Data ns First Puevbaee and until further notice, you are hereby authorized to take or retain Z N Op ion of all Gat and Oil trod said property(ies) on and after the effective day and to give credit as set forth above for n io all proceeds derived from the sale thereof from said property(ies) subject to the conditions, covenants and directions Bet out N below: • H FIRST: It is understood that the Gas produced free the above-described property(ies) is being sold m •• under that certain Gas Purchase and Processing Agreement dated November 1 79 91 between dw • ui Daco Oml as "Seller" and ASSOCIATED NATURAL GAS, ['7 INC. as 'Buyer*, and that all terms and covenants contained therein, and in any amendments, extensions, O or renewals thereof shall govern and be binding upon the parties hereto in all respects which shall include, but not be restricted to• the price to be paid for said Gas and the time when such payments tr3 .ys are to be made. As used in this Division Order, the ten 'Gas' shall be deemed to include casinghead o gas, gasoline and all products which Associated Natural Gas, Inc. say receive and/or recover by o processing free Gas produced free wells on said property(ies). LTi o 0 All covenants appearing on the reverse side hereof ere incorporated herein by reference and the undersigned agree that each shall n be deemed and considered an essential part of this Division Order in like manner and with the same effect as if printed above 0 w our signatures. 0 nod ez rests n o The undersigned p ly waive any claim against ANGI and ATTCO for any and all amounts which may be due us tree others for O o production prior to the lftlective gate hereof. ^', Owners Sign Below Taxpayer identification or Si. ores of Wit Enter Mailing Addres ) Social Security Number kTT • ,� .. / .i ,,�.... � �— _� �' 84-6000813 Cif' a 0��u � GEORGE KENN DY, CHAIRMAN 01/15/92 • �_ !._im k, . WELD COUNTY BOARD OF COMMISSION DEPUTY CLERK TOT E :e e : I Address P.O. BOX 758 GREELEY, CO 80632 Address • Address (`t ' 920039 SECOND: The word a0il° es used herein shell include, but is not limited to, condensate and all marketable liquid hydrocarbons produced end Saved hereunder, but excluding that recovered from processing of Gas. All Oil received end purdiased hereuder ehall be eerchantoble Oil and shell become the property of ATTCO es soon as the some is received into its custody or that of any carrier it designates. ATTCO shell not be expected to receive Oil in definite quantities, nor for fixed periods, nor to provide storage. THIRD; The Oft received end purchased hereunder shall be delivered f.o.b. to any carrier ATTCO designates which gathers end 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 upon between ATTCO and the lease operator. FOURTH: Quantities of Oil purchased hereunder shall be determined by the method of measurement and computation employed by ATTCO or ATTCO's spent 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 and gravity toe temperature of 60° Fahrenheit and shall deduct from such corrected volume the full percentages of basic sediment, water and other impurities es shown by its test. ATTCO may refuse to receive any Oil it considers to be not merchantable. hi trJ FIFTH: Payments are to be made monthly by checks of ANGI for Gas and ATTCO for Oil to be delivered r r or mailed to the parties thereto entitled at the add above given, provided that if the amount due any owner is less then Twenty-five and 00/100 Dollars ($25.00) per month, ANG1 or ATTCO, at its O1 option, may defer the making of such payment until such time as the aggregate amount due exceeds said F-+ w sum. The undersigned authorize ANGI and ATTCO to withhold from the proceeds of any and all Gas and x1 Oil referred to herein, the amount of any tax placed thereon, or on the production thereof, including but not Halted 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. o SIXTH: In the event of any adverse claim of title or in the event title shall not be satisfactory to N ANG1 or ATTCO at any time during the term of this Division Order, each of the undersigned agrees to Z uii furnish complete abstracts of title end other evidence of title satisfactory to ANGI and/or ATTCO and "1 CO authorizes some to withhold payment without obligation to pay interest on the amount so withheld, until M G-) satisfactory indemnity shall be furnished to ANGI and ATTCO. Each undersigned party as to the interestcn of such party hereunder respectively agrees, in the event suit is filed in any court affecting title xl to said Gas and/or Oil, either before or after severance, to indemnify and save harmless ANG1 and ATTCO against any end all liability for loss, cost, damage and expense which ANGI or ATTCO may suffer or incur 01 -- on account of receiving and paying said party thet9 i proceeds derived free the sale of said Gas and/or H N Oil. where ANGI and/or ATTCO, pursuant to the provisions hereof, withholds payment or any part thereof, Z Ni each undersigned party from whom payment is withheld severally agrees to indemnify and hold ANG1 and n ATTCO harmless of and froe all liability for any tax, together with all interest end Ni thereto, imposed penalties incident ti N or assessed against or paid by them on account of the sun or sums so withheld from ti7 payment to said party and deduct all such taxes, interest and penalties so paid by them from any sues owing by them to said party. If .suit is filed affecting the interest of the undersigned, written r` notice thereof shall be given ANGI and ATTCO at the above address by the undersigned, together with uz7 •• a certified copy of the complaint or petition filed. If ANG1 or AT7C0 are made a party to such proceedings, the undersigned agrees to indemnify same against tiny judgment rendered therein and to7:f Ul reimburse ANSI and ATTCO for any costs, attorney's fees or other exp enses incurred in connection therewith, (� O SEVENTH: The undersigned severally agree to notify ANGI and ATTCO of any change of ownership and no -Ea transfer of interest shall be binding upon ANGI or ATTCO until transfer order and the recorded o instrument evidencing such transfer, or a certified copy thereof, shell 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 oo proper notice is received by ANGI and ATTCO. ANGI and ATTCO are hereby relieved of any responsibility t" for determining if and when any of the interests hereinabove set forth shall or should revert to or 0 be owned by other parties as a result of the completion of discharge of money or other payments from said interests and the signers hereof whose interests are affected by such money or other payments, C7 O 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, o 0 co for any reason, become effective and to furnish transfer order accordingly and that in the event such O notice shall not be received, ANG1 and ATTCO shall be held harmless in the event of, and are hereby released free ens and all dosage or loss which might out-of any overpayment. Should adjustments be necessary, ANGI and ATTCO shall have rights (but no duty) to set off any end 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 free 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 ANG)'s refund obligation has been finally determined. If any portion of the proceeds derived fro& 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, ANGI and ATTCO are 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 connection with the undersigned's portion of the refund. • NINTH: If the undersigned is a working interest owner aid/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. TENTH: 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 hive so signed. No termination of this Division Order shell be effective without giving thirty (3D)-days prior written notice. If the provisions of this Division Order are in conflict with the provisions of any oil end gas lease covering the above-described property(ies), 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 es of the date hereof, In consid • of the purchase of Gas and Oil hereunder, consent is given ANGI and ATTCO and any pipeline company which same may cause to connect with the wells and tanks on said land, to disconnect and 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 shalt be deemed modified so as to comply with such law or tegulation. EXHIBIT A 50850AA FREDERICK UNIT /A/ OWNER NO CREDIT TO PERCENTAGE INTEREST 1129 WELD COUNI4ea 2. 126610 RI 0-1 29548 EMI L I O GUADAGNOLI .731690 RI N w 01 N N w '9879 EM ILIA L I A FLOYD .005260 RI tTi • n ►c a • N 39903 INGERID DITLEV 4.502380 RI z ,v1 co tiles 39907 HARLAN BODA .094750 RI (1)• 0 39934 LUCIA FELZEL .005270 RI • N • lD ARILD DITLEV 4.502390 RI t" N 39969 tY x � lJt 40119 FRED GUADAGNi_'L I .005260 RI 40322 ISAC: AND DORA LOUI2 . 136860 RI O m zo 40518 PAUL C ROSSETT I .031580 RI • o 40593 I NC:ARNATO ROSSETTI .094750 RI O• +X O 40713 EVEZIC:H OIL COMPANY . 164940 RI o 0 40821 AMADA VILLANI .03 1580 RI 41019 FRANK`: J F I OR I .06 6680 RI 14630 NORTH AMERICAN RESOURCES 4. 176030 0 WI COMPANY, INC. 39457 BASIN EXPLORATION INC 53 .r_,, 5070 WI 39886 RAY r:: & MARY F DAVIS .835200 WI T v� WOK) EXHIBIT A 5085OAA FREDERICK UNIT /A/ OWNER NO CREDIT TO PERCENTAGE INTEREST ""990D INGERID I D DITLEV 14.431 50 WI 39969 ARILD DITLEV 14.431850 WI to rr �n w 01 «. W W 100.000000 7G [_] • (') k ',b N 'Z' ztzi co taw C rn k17 7e1 cn H � H • N n l0 r 7C• H • N Cr] CI• 44 ';C1 � O Cr] C7 o• � C] o o co po/' EXHIBIT A 45016AA FREDER I CK UNIT /A/ OWNER NO CREDIT TO PERCENTAGE INTEREST 1 129 WELD COUNTY . 126610 R I 29548 EMILIO L I O GUADAGN►=►L I .731690 R I 39879 EM ILIA L I A FLOYD .005260 R I Pzi br 39903 INGERID DITLEV 4.502380 RI v 01 N .P W 39907 HARLAN DC►DA .094750 R I 39934 LUC:I A F'ELZEL .005270 R I Z• t•-) z � PI co ARILD DITLEV 4.50'7390 RI C rn tr) ono • '- 40119 FRED GUADAGNOL I .005'60 R I tri H Z N n � 403:: ISAC AND D0RA LOU I Z . 136860 R I C N tr 40518 PAUL C ROSSETT I RI sr• `n . ;►315..:i► • • Ul tTi 40593 I NC:ARNATC► RC►SSETT I .09475 ► R I o tn •E0• =1 70o 40713 EVEZ I CH OIL COMPANY . 164940 R I r 40821 AMADA VILLANI .031580 Ri _ o 41019 FRANK 3 F I OR I .066680 o RI 0 00 14630 NORTH AMERICAN RESOURCES 4. 176030 WI COMPANY, INC:. 39457 BASIN EXPLORATION INC 5_: .6'75070 WI 3988, RAY K MARY F DAVIS .835200 WI ��IW e, EXHIBIT A 45O 16AA FREDERICK UN I T /A/ OWNER NO CREDIT TO F'ERC:ENTAGE INTEREST 3990' INGERID DITLEV 14.431850 WI 39969 ARILD DITLEV 14 .4 1850 WI Pmto v+ O1 V1 100.000000 • tr1 'Jd f7 Z N Z J CO tr1W • Cr tr1 tf1 O trl H N 'Z, ✓ N tr1 01 • w x � to O tr• y xo • o tno r7 o• ao • o o co • c;( 00e /MI ASSOCbTED NIJIAdi 645, INC. INSTRUCTIONS TO ALL INTEREST OWNERS THE INCLOSED GAS DIVISION ORDER OR GAS 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: • 3 . Sign your name as shown on the Gas Division Order or Gas Transfer Order . 2. Have your signature witnessed by two competent witnesses . 3. 1f your name has changed due to marriage or divorce, execute the Gas Division Order or Gas 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 be 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. Gas Division Orders or Gas 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 Nn er or Tax Identification Number, the law provides that we withhold 201 of all production proceeds due you. You may.also be subiect to a further penalty levied by the Interns) Revenue Service . 5. Your correct mailing address should be noted in the space provided to insure procpt receipt of production proceeds . 9. The white copy or the "Ori€inal' of the Gas Division Order or Gas Transfer Order should be returned to: ASSX:IATEL NATURA:, GAS, IN:. P.O. SOX 5493 Denver CO 80217 Ala: DIVIS]ON ORDER DEPAl t2N; 10. Should you have any further questions regarding the enclosed Gas Division Order or Gas Transfer Order, please contact your Operator or Associated Natural Gas. Inc. at (303) 595-3331 . ovn 11 . Please DO NO7 DrIACH the Exhibit Iron. the Gas Division Order or Gas Transfer Order if one Is included. ASSOCItsTED Nk`TIRAL 645, INC. November 27, 1991 TO ALL INTEREST OWNERS: Effective with October , 1991 production , Associated Natural Gas, Inc . purchased the Spindle Field Gas Plant from MW Petroleum Corporation (Apache ) and will be disbursing revenue on wells for which Division Orders are enclosed. Effective November 1 , 1991 production, Associated Transport & Trading Company will begin purchasing oil on these same wells and will also assume disbursement responsibility for revenue. Effective October 1 , 1991 , Basin Operating , Inc. will become Operator of the wells. To accommodate these changes, enclosed please find Oil and Gas Division Orders for execution in accordance with the attached instruction sheet. Return to the below listed letterhead address at your earliest convenience. Should executed Division Orders not reach Associated Natural Gas, Inc. within 45 days, revenues will be suspended pending receipt of same. Oil checks are issued on the 20th of each month; gas checks are issued on the last day of each month. For the month of October, 1991 production only , revenues will be disbursed late as we are in the process of getting information loaded into the computer. Both Associated Natural Gas, Inc. and Associated Transport & Trading Company have a $25.00 minimum value before a check is issued . Monies less than $25.00 remain in a minimum suspense account until the $25.00 is reached or all monies are released once a year in December ( if the minimum is not met) . Associated Natural Gas, Inc. /Associated Transport & Trading Company look forward to being of service to you. Yours very truly , ASSOCIATED NATURAL GAS, INC. ASSOCIATED TRANSPORT & TRADING COMPANY R.R,o_ Gp. LA.LC l Barbara L. Buck Manager, Division Order Department BLB:blg Enclosure S2O033 900 REPUBLIC PLAZA • 370 SEVENTEENTH STREET • DENVER COLORADO 80202 • (3a”595-3331 • TAX(303)595-0480 Hello