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HomeMy WebLinkAbout940103.tiff RESOLUTION RE: APPROVE DIVISION ORDER TO ARLIAN, 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 a Division Order to Arlian, Inc. , 1801 Broadway, Suite 400, Denver, Colorado 80202, and WHEREAS, said Division Order covers land more particularly described as follows: Township 1 North, Range 65 West, 6th P.M. Section 30: Ni 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 Division Order to Arlian, Inc. , 1801 Broadway, Suite 400, Denver, Colorado 80202, 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. 940103 L10055 (le it/ : iili '% DIVISION ORDER - ARLIAN, INC. (Nf S30, T1N, R65W) 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. / ,1. /1 / / 1 , BOARD OF COUNTY COMMISSIONERS ATTEST: i WELD COUNTY, COLORADO Weld County Clerk to the Board 4 L/i412-1 "..71:!...\)Webster, C airm n BY: /�i""`T C-z�e/;_ate Deputy C to the Board ) Dale K. Ha , ro-T APPROVED AS TO FORM: EXCUSED George E. Baxter $may/� / LI 7,0 I,NSICLX�=Q/cis' `t" ,Aete,/�`7/v XCUSED DATE OF SIGNING (AYE) Coun ��IIe Constance L. Harbert EXCUSED DATE OF SIGNING (AYE) Barbara J. Kirkmeyer 940103 • 1N & RETURN Art2372857 DIVISION ORDER ARLIAN , INC. 1801 Broadway , Suite 400 Denver , Colorado 80202 TO: Weld County Board of Commissioners 915 Tenth Street Greeley, Colorado 80631 January 21 , 1994 Each cf the undersigned certifies ana guarantees that he/she is the legal owner of, and nereby warrants the title to, :he interest shown below opposite his name in the oil and gas produced from the land or unit described as: Marguerite Lehi 1-30 Well Township 1 North, Range 65 West, 6th P.M. Section 30: 4/2 n Weld County , State of Colorado CREDIT TO DIVISION OF INTEREST POST OFFICE ADDRESS weld County Scare of Commissioners .1024000% RI 915 Tenth Street Greeley, Colorado 80631 Effective date of November 1, 1993, and until further notice, you are hereby authorized to account to each of the undersigned for his aforesaid interest in said oil and gas on the basis of the price and other terms of the oil and gas purchase contracts. (over) B 1426 REC 02372857 02/08/94 14 : 21 $0 . 00 1/002 F 0422 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 940 .1". 3 Settlement hereunder shall be mace by marling cnecv, of ARLIAN, ;(dc, to eaco of the unaersigneo thereto entitlee at the aaaress aoove given. The undersigned authorize you to withhold from [re oroceeos of toe sale of any anc all oil anc gas referred to nerein toe amount of any tax place, hereon. or on the production :nereof, Dr any governmental authority, and to day the same inDenaif of the undersigned. N 2, a refura of a portion of toe croceecs deri;ec from the sale of oil and gas may De r aulrea ander any orcer, role or regulation of the reaera: Dower Commission or toe provisions of the Natural Gas Act. you may nold without interest the portion of the uroceecs subject to refund until 'rcemnity satisfactory to /04 nas ceen furnished, or until your refund obligation nas peen fully. determined. S. Tre uneers'.gnee agrees to furnish to you when demanaea satisfactory evidence of title, :n the event of claim. controversy or suit which if your ODlhuf affects title to the interest of any of the mhaerslgred in the aoove-eescnoea lama or to his snare of the oil and gas proaucea therefrom OR to the proceeds from toe sale of such oil inn gas, you may nolo without interest toe amount credited to the unaersignea who is affected thereby until indemnity satisfactory to you has been furnisnea or until such title has been mace acceptable to you or until such claim, or controversy or suit is settled to your satisfaction, and toe undersigned agree to incemnify and save you narmless against any and all liability for loss, cost, damage and expense which you may suffer or incur on account of receiving and paying to the undersigned the proceeds from the sale of oil and gas covered by this division order. u. 'he anoersignea agree to notify you in writing of any change of ownership and no transfer of interest snail oe binding upon you until a transfer order and the recorded instrument evidencing such transfer or certified copy thereof shall oe furnished( to you at '201 Broadway, Suite 400, Senver, Colorado 80202. Any transfer of interest snail be made effective on the first day of the calendar month following the month in which the notice s received oy you. you are nereoy relieved of any resoonsihllity for determining when any of the interests nereinabove set forth shall revert to or vest if other parties as a result of the completion or discharge of money or other payments from said interest or for other cause, and the signers hereof whose interests are affected by any sucn money or other payments or causes which result in the reversion, vesting or transfer of any interest agree to deliver nonce in writing when any such reversion, vesting or transfer becomes effective and furnisn transfer orders accoraingly spa agree that in the event such •notice small not oe delivered to you, you snail oe held harmless n the event of, and you are hereoy re'llease° from, any aho all damage or loss which might arise out of any erroneous payment. 5. ore undersigned hereby adopt, ratify and confirm each oil and gas lease and/or minerals agreement, together with any amendments thereto, wooer wnich the oil anc gas to wnich this e1ViS10n orcer applies is proeuceo. If toe production which is toe subject of tons division order is obtained `rom a unit or units, the establishment of such unit or units s nereby ratified, confirmed and adopted, 5. if the sale of oil and gas oe mace other than at the well, then tee proceeds to which this division order snail apply shall De by the net oroceeos after deauctlon of transportation, gathering, compression, denydration and other costs properly incurrec :p connection with the making of such ;aid 7. :n the event the lands describes aoove are or become a Dart of any unit created by agreement or governmental autnority providing for the :''sision of oil anc gas among the owners of interests rtnnn such unit, then this division order ana the interests of the unaersigned set forth above shall be applicable to tee portion of toe oil and gas proaucea from the unit which is allocable or attributable to the aoove describes land. 8. "ms division order snail become valid ana binaing on each of the undersigned as soon as signed oy him regardless of whether other interest owners nave so signed, and all of the provisions herein contained snap apply to each of the undersigned separately and not jointly. weld County Board of Commissioners CLERK TO THE $BARD 411,1) COUNTY, COLORADO CHA ,, 3E C UN Y BOARD OF CO ISSIONEPS 84-6000813 W.H.WEBSTER DEPUTY CLERK TO THE BOJ B 1426 REC 02372857 02/08/94 14:21 $0.00 2/002 F 0423 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO IMPORTANT: TO AVOID DELAY IN PAYMENT YOUR CORRECT ADDRESS AND SECURITY NUMBER OR TAX ACCOUNT NUMBER MUST BE SHOWN 9401.°3 ARLIAN, INC. 1801 Broadway -• Suite 400 Denver. Colorado 80202 (303)292A051 Far: (303)292-1734 January 21 , 1994 Weld County Board of Commissioners 915 Tenth Street Greeley, Colorado 80631 Dear Sir or Madam: We have discovered that on the Division Orders previously mailed to you the decimal point was incorrectly placed in your division of interest. We have corrected this and would like you to disregard the first set of Division Orders mailed to you. Please sign and return the enclosed set of new division orders. Beginning March 1 , 1994 , we can no longer pay owners who do not have a Division Order in our files. It will be our policy to hold this revenue in suspense until a signed Division Order is received. Please accept our apologies for any inconvenience this may have caused you. Very truly yours, Anne L. Lewis Division Orders all Enclosures 940V.a ARLIAN, INC. 1801 Broadway Suite 400 • Denver,Colorado 80202 (303)292-405! Fax:(303)292-1734 December 20 , 199S Dear Interest Owner : We have reviewed our files , and we do not have a signed Division Order on file for a well that you are currently receiving revenue . Please sign and return the enclosed Division Order as directed in the transmittal sheet. Please confirm that your social security number or your tax identification number is correct. We will continue to send you revenue checks . However, beginning March 1 , 1993 , we can no longer pay owners who do not have a division order in our files. It will be our policy to hold this revenue in suspense until a signed Division Order is received. Thank you for your attention to this matter . Very truly yours, '> _J Anne L . Lewis Division Orders /ALL Enclosures 9401,' s' I RETURN DIVISION ORDER ARLIAN , INC. 1801 Broadway , Suite 400 Denver , Colorado 80202 TO: Weld County Board of Commissioners /� 915 Tenth Street j Greeley, Colorado 80631 Dece er 20 , 1993 i Each of the undersigned certifies and guarantees that he/she is the legal owner of, and hereby warrants the)4tle to, the interest shown below opposite his name in the oil and gas produced from the land or unit described as: Marguerite Lehi 1-30 Well / Township 1 North, Range 65 West, 6th P.N. Section 30: N/2 / / in Weld County , State of Colorado / / CREDIT TO DIVISION OF INTEREST/ POST OFFICE ADDRESS Weld County Board of Commissioners .,041024000% 915 Tenth Street -- Greeley, Colorado 80631 . / \,) ��� t/ ,, / N_\ C � J / / Effective date of November 1, 1993, and until further notice, you are hereby authorized to account to each of the undersigned for his aforesaid interest in said oil and gas on the basis of the price and other terms of the oil and gas purchase contracts, ;over) L.C O� -� 940103 1. Settlement hereunder shall be made by mailing check of ARLIAN, INC. to each of the undersigned thereto entitles at the address above given, The undersigned authorize you to withhold from the proceeds of the sale of any and ail oil and gas referred to nerein the amount of any tax placed hereon, or on the production thereof, by any governmental authority, and to pay the same in behalf of the undersigned. 2. If a refund of a portion of the proceeds derived from the sale of oil and gas may be required under any order, rule or regulation of :he Federal Power Commission or the provisions of the Natural Gas Act, you may hold without interest the portion of the proceeds subject to refund until indemnity satisfactory to you has been furnished, or until your refund obligation has been fully determined, 3. The undersigned agrees to furnish to you when demanded satisfactory evidence of title. In the event of claim, controversy or suit which in your opinion affects title to the interest of any of the undersigned in the above-described land or to his share of the oil and gas produced therefrom or to the proceeds from the sale of such oil and gas, you may hold without interest the amount credited to the undersigned who is affected thereby until indemnity satisfactory to you has been furnished or until such title has been made acceptable to you or until such claim, or controversy or suit is settled to your satisfaction, and the undersigned agree to indemnify and save you harmless against any and all liability for loss, cost, damage and expense which you may suffer or incur on account of receiving and paying to the undersigned the proceeds from the sale of oil and gas cowered by this division order. 4. The undersigned agree to notify you in writing of any change of ownership and no transfer of interest shall be binding upon you until a transfer order and the recorded instrument evidencing such transfer or certified copy thereof shall be furnished to you at 1301 Broadway, Suite 400, Denver, Colorado 80202. Any transfer of interest shall be made effective on the first day of the calendar month following the month in which the notice is received by you. You are hereby relieved of any responsibility for determining when any of the interests hereinabove set forth shall revert to or vest in other parties as a result of the completion or discharge of money or other payments from said interest or for other cause, and the signers hereof whose interests are affected by any such money or other payments or causes which result in the reversion, vesting or transfer of any interest agree to deliver notice in writing when any such reversion, vesting or transfer becomes effective and furnish transfer orders accordingly and agree that in the event such, notice shall not be delivered to you, you shall be held harmless in the event of, and you are hereby released from, any and all damage or loss which night arise out of any erroneous payment. 5, The undersigned hereby adopt, ratify and confirm each oil and gas lease and/or minerals agreement, together with any amendments tnereto, under which the oil and gas to which this division order applies is produced. If the production which is the subject of this division order is obtained from a unit or units, the establishment of such unit or units is hereby ratified, confirmed and adopted. 6. If the sale of oil and gas be made ether than at the well, then the proceeds to which this division order shall apply shall be by the net proceeds after deduction of transportation, gathering, compression, dehydration and other costs properly incurred in connection with the making of such sale. 1. In the event the lands described above are or become a part of any unit created by agreement or governmental authority providing for the division of oil and gas among the owners of interests within such unit, then this division order and the interests of the undersigned set fortn above shall be applicable to the portion of the oil and gas produced from the unit which is allocable or attributable to the above described land. 8. This division order shall become va ' and binding on each of the under ed as soon as signed by nit regardle whether other interest owners nave so signed, and all of the provi •sirs herein contained shall apply t ach of the undersigned separately a of jointly. WITNESS: A ` SIGNATURE: ATTEST: i� ; . ;1 I� a. Y1 :1: /v Lt.Zrc-n x. r ; CLERK TO T. BOARD, WELD COUNTY OLORADO Meld County Board Commissioners .H.WEB TER, IRMAN L BY: i, ==•/ �i• �. 1111: 84-60O ►EPUTY CLERK TO TH OARD J a 4t/1 IMPORTANT : TO AVOID DELAY IN PAYMENT YOUR CORRECT ADDRESS AND SECURITY NUMBER OR TAX ACCOUNT NUMBER MUST BE SHOWN 9401.P. Hello