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RESOLUTION
RE: APPROVE OIL AND GAS DIVISION ORDER TO GERRITY OIL AND GAS CORPORATION 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 Gerrity Oil and Gas Corporation, 4100 East Mississippi Avenue, #1200, Denver,
Colorado 80222, and
WHEREAS, said Division Order covers land more particularly described as
follows:
Township 5 North, Range 64 West, 6th P.M.
Section 22: NISE,'-,
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 Gerrity Oil and Gas
Corporation, 4100 East Mississippi Avenue, #1200, Denver, Colorado 80222, 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.
940854
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DIVISION ORDER - NISEI, 522, T5N, R64W
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The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 12th day of September, A.D. , 1994.
BOARD OF COUNTY COMMISSIONERS
ATTEST: M4 i7 WELD COUNTY, COLORADO ..
/ / ?.. /4 /
/'
//Weld County Clerk to the Board // / /;i
/ W. . Webster, C irman
BY: (fj 4„a Let, ec)Deputy Clerk to the Board Dale K. Hal , P o-Tern
APPROV S TO FORM: /��� ,.
George E. Baxter
unty Attorney Constance L. Harbert
E �y-aAt
arbara J. Kirkme er
940854
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2407445 B-1460 P-'2.40 09/20/94 04,48P PG 1 OF 3 REC DOC
Mary Ann Feuerstein Weld Co. , Clerk & Recorder 0.00
Afte407"5
OIL AND GAS DIVISION ORDER
Date: August 15, 1994
Lease No.: 05007211 & 05007181
Lease Name:Emancipator 22-9 &t 15
Effective Date: January 1, 1994
To: Gerrity Oil & Gas Corporation
4100 E. Mississippi Ave., #1200
Denver, CO 80222
Each of the undersigned, individually, for themselves, their heirs, successors, and assigns, hereby
represents, warrants, and guarantees to Gerrity Oil & Gas Corporation (hereinafter referred to as the
'Company"), its successors and assigns, that the undersigned is the legal owner of the decimal interest, as set
forth below opposite each undersigned's name, in the proceeds from all oil, condensates, and natural gas which
may be produced from or allocated to the following-described area or well located In the County of Weld, State
of Colorado, and more particularly described as follows:
Township 5 North. Runge 64 Wes(
Section 22: N'ASE14
Limited to the Codell/Niobrara Formations
Commencing on the effective (bale hereof, the Company is hereby granted and authorized to lake and
receive all oil, condensates, and natural gas which may be thereafter produced from the above-described area or
well and, subject to the other terms and conditions hereof, to give credit therefor to the undersigned In
accordance with the division of interest schedule as follows:
Credit To Address Decimal Interest
For Division of Interest see Exhibit "A" Attached Hereto and Made a Pert Hereof
Additionally, in consideration of the wells drilled or to be drilled on the above-described lands and the
payment to the undersigned of royalties on production from said wells, the undersigned agree, grant, and
represent to and with the Company as follows:
1. Oil (including crude oil and condensate) shall become the property of the purchaser thereof-
upon its delivery to the purchaser or to the purchaser's agent or carrier, and payments hereunder shall be based
upon the net price received therefor Irom the purchaser. Oil shall be graded and measured in accordance.wilh
applicable rules, regulations, or standards generally accepted In the industry. In the event that the Company is'
the purchaser of such oil, settlements therefor shall be based upon the Company's posted price for similar oil in
the field where produced and in of lect on the date of delivery, or if no posted price is then in elf ect, settlements
shall he based upon the then prevailing market price on the date of delivery thereof in the field where produced.
If the oil is purchased by the Company and resold to another purchaser accepting delivery thereof on the
premises, settlements hereunder shall be based on the net price received therefor by the Company. The
Company may deduct from any price received for the oil the reasonable costs of transporting and/or treating the
same if incurred.
2. Natural gas, including casinghead gas if marketed with gas well gas, shall be delivered and sold
to and become the property of the pipeline company to whom the gas is agreed to be sold by the Company.
Settlements to the undersigned shall be based upon the terms, conditions, and prices for said gas as agreed to
with the pipeline company less any costs of treatment, compression, transmission, or dehydration thereof which
are paid by the Company.
3. Oil and natural gas produced and sold from the premises Is or may become subject to orders of
certain regulatory authorities who could vary the terms of any agreement for the production or sale thereof. To
the extent that such orders do modify or change current sales or production arrangements, the provisions
thereof, as well as the provisions hereof, shall be so modified accordingly.
4. Settlements hereunder for oil and gas shall be made monthly by the Company mailing or
delivering its check to the undersigned at the address indicated in an amount, less taxes required to be withheld,
calculated in accordance with the schedule of interest as herein contained. Settlements shall be mailed no later
than the 25th day of each month for oil and/or gas taken or sold during the second preceding calendar month. If
at any settlement date the amount payable to any of the undersigned shall be less than Twenty-five Dollars
15251, the Company may defer such payment and make payment when such settlement amount has
accumulated to Twenty-five Dollars ($25) but, in any event, not less than annual intervals.
5. The undersigned individually warrant that they are the owner of their respective interest as
herein set forth and that in the event of an adverse claim made thereto or in the event ownership of the
undersigned's interest is not substantiated by record examination, the Company may retain any and all
settlements due therefor, without interest, until such claim or ownership of the interest is settled, fully
adjudicated or otherwise determined, or until the Company is adequately indemnified therefor by the parties
CEO/e17 ' claiming such interest. The Company may, at any time, require the undersigned to furnish proof of its title to its
Non interest, inrtudinq abstracts of title or other pertinent records or documents. 940854
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B. The undersigned shall notify the Company of any change in the ownership of their interest, and
the Company shall not be liable for, nor shall it be required to recognize, any change in ownership unless and
until the Company shall actually receive a certified copy of the instrument changing such interest and the
transferee thereof executes and returns to the Company such transfer order or amended division order as the
Company may reasonably require. In no event shall the Company be requited to give effect to any change of
interest of the undersigned poor to the first day of the calendar month next following the month in which the
Company is notified of such change, regardless ul the eflective date ul the instrument transferring the same.
7. The undersigned hereby represent, want to, and agree with the Company that the interest of
the undersigned and of the Company in and to the oil and gas which has or which may be produced front the
premises is in lull force and effect and that all payments required to be made and all acts required to be done by
the Company with respect thereto have been performed. The undersigned hereby releases the Company from
any and all claims and damages arising from the purchase and handling of oil or gas tram the premises and for
making any payments for settlements so long as the same are made in accordance with the terms of the
division of interest schedule set forth on Exhibit 'A'.
B. In the event that the area or well described above, or any part thereof, is included in one or
more pooled or unitized units now or hereafter formed by order of any appropriate governmental authority by
agreement or otherwise, the undersigned and the Company recognize and agree that settlement for oil and gas
shall be made in accordance with the production allocated to the premises above described without the
necessity for the execution of additional on supplemental division orders. To the extent that the premises as
described above constitute a previously pooled or unitized area, the same is hereby ratified.
9. The provisions hereof shall be binding upon and inure to the benefit of the Company and the
undersigned, their respective heirs, successors, administrators, and assigns. No change in the ownership of any
interest herein described shall have the effect of changing the binding nature hereof. This instrument may be
executed in counterparts with each counterpart considered to be a binding agreement of the signatories thereto;
and all counterparts, as executed, shall be considered to be one instrument.
10. Should it be determined from time to time by the courts, any governmental agency having
jurisdiction, or the Company and the purchaser of production, that the prices or allowances, if any, being paid to
the Company and the amounts being disbursed to the undersigned are in excess of lawful prices or prices agreed
to with the oil or gas purchaser, and a refund is then required, you agree to promptly refund such excess
amounts so paid to you, including interest thereon, if required. Additionally, the Company shall have the right to
recover such excess amounts out of luture settlements hereunder to which you are entitled.
WHEREFORE, the undersigned have executed this Division Order in acknowledgment and consent to the
foregoing terms, warranties, and agreements.
Wit ss Sign Be Owner Sign Below: SS No. or Tax ID No.
ATTEST: /V � • 84-6000813
CL TO W. H. STER 09/14/94
BY: _ CHAIRMAN
DEPUTY CLE TO BOAY.B- WELD COUNTY BOARD OF COMMISSIONERS
P,O, BOX 758
GREELEY, CO 80632
IMPORTANT: TO AVOID DELAY IN PAYMENT, YOUR CURRENT ADDRESS AND SOCIAL SECURITY
NUMBER OR TAX ACCOUNT NUMBER MUST BE SI IOWN
2407445 B-1460 P-240 09/20/94 04:48P PG 2 OF 3
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940854
EXHIBIT"A"
05007211-EMANCIPATOR 22-09
OIL AND/OR GAS DIVISION ORDER
DECIMAL INTEREST
NAME AND ADDRESS OWNER NO. INTEREST TYPE
WELD COUNTY COLORADO 6413 0.00562500
C/O BOARD OF CTY COMMISSIONER
915 10TH ST
GREELEY CO 80632
HAROLD E k DORIS A RICE 7414 0.00867190
2021 7TH AVENUE
GREELEY CO 80631
JAMES W RICE 8713 0.00867190
2323 8TH AVE
GREELEY CO 80631
ROBERT L SAPPINGTON 8714 0.03393750
27516 WCR 54 1/2
KERSEY CO 80644
RLLA HORN 8715 0.00707030
1153 25TH AVENUE
GREELEY CO 80631
LOUISE M DORSEY 8716 0.00707030
416 CHEYENNE,AVE
CO 80615
HELEN SOKAL 8717 0.00707030
P O BOX 760
CRIPPLE CREEK CO 80813
WILLIAM J BOND JR 8718 0.00707030
7852 ADWEN ST
DOWNEY CA 90241
WAYNE LEDFORD 8719 0.04546880
198 N 3700 E
RIGBY ID 03442
DELETED INTEREST OWNER 99999
BRENDA L RAYMAN 725 0.00250000 0
1025 E NOKOMIS CIRCLE
KNOXVILLE TN 37919-6700
PARKER S PARSLEY DEVELOPMENT 1891 0.00277500 0
CORPORATION
P O BOX 890245
DALLAS TX 75388-0245
PAUL MENDELL 3098 0.00750000 0
1801 E GIRARD
SUITE 169
ENGLEWOOD CO 80111
HS RESOURCES INC 9832 0.06656870 0
F/K/A ENERGY MINERALS CORP
1999 BROADWAY SUITE 3600
DENVER CO 80202
GERRITY OIL 4 GAS CORPORATION 10 0.79000000
4100 E MISSISSIPPI AVE
SUITE 1200
DENVER CO 80222
1.00000000
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940854
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