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
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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
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WHEREAS, said Division Order covers land more particularly described as Z t‘)
follows: h] 03
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Township 2 North, Range 67 West, 6th P.M. C
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Section 31: N14014/Ito
Weld County, Colorado H 2
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WHEREAS, Weld County is entitled to a one-eighth royalty interest on n c
tiroproduction, and
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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
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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
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WHEREAS, the Board deems it advisable to approve said Division Order on the
parcel of land described herein. 0
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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
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APPROVED AS T FORM: �o
C. W. Kir t OC ) _‘;County Attorney Gord . Lac
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W. H. Webster M °J
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920039
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(COKIIIIIED CAS AND oxL)
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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
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As to production from the Sussex-Shannon formation o CO
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OWNEN ND, CREDIT TO DIVISION DE INTEREST DECIMAL
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See attached exhibit "A" for ownership listing
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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:
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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
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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,
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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
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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.
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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
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Address
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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.
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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
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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, (�
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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
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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
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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
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29548 EMI L I O GUADAGNOLI .731690 RI N w
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'9879 EM ILIA L I A FLOYD .005260 RI tTi
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39903 INGERID DITLEV 4.502380 RI z
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39907 HARLAN BODA .094750 RI
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39934 LUCIA FELZEL .005270 RI
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ARILD DITLEV 4.502390 RI t" N
39969 tY
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40119 FRED GUADAGNi_'L I .005260 RI
40322 ISAC: AND DORA LOUI2 . 136860 RI O
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40518 PAUL C ROSSETT I .031580 RI •
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40593 I NC:ARNATO ROSSETTI .094750 RI
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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
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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
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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
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39903 INGERID DITLEV 4.502380 RI v
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39907 HARLAN DC►DA .094750 R I
39934 LUC:I A F'ELZEL .005270 R I Z• t•-)
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ARILD DITLEV 4.50'7390 RI C rn
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40119 FRED GUADAGNOL I .005'60 R I tri
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403:: ISAC AND D0RA LOU I Z . 136860 R I C N
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40518 PAUL C ROSSETT I RI sr• `n
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40593 I NC:ARNATC► RC►SSETT I .09475 ► R I o
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40713 EVEZ I CH OIL COMPANY . 164940 R I
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40821 AMADA VILLANI .031580 Ri
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41019 FRANK 3 F I OR I .066680 o
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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
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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
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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
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