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Home My WebLink About940540.tiff tll i0 -Cirean d. Wel I RESOLUTION Ape 05423- yea? RE : APPROVE GAS DIVISION ORDER TO ASSOCIATED NATURAL GAS , INC . FROM 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 a Gas Division Order to Associated Natural Gas , Inc . , P . O . Box 5493 , Denver , Colorado 80217 , from Gerrity Oil and Gas Corporation , 4100 East Mississippi , Suite 1200 , Denver , Colorado 80222 , and WHEREAS , said Division Order covers land more particularly described as follows : Township 1 North , Range 66 West , 6th P . M . Section 24 : NE * 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 Gas Division Order to Associated Natural Gas , Inc . , from Gerrity Oil and Gas Corporation , 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 . 940540 LEv1o8 �� : ,a-✓4-i DIVISION ORDER - NEg, 524, T1N, R66W PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote nn,the 8th day of June, A.D. , 1994. Le BOARD OF COUNTY COMMISSIONERS ATTEST: Li? WELD COUNTY, /COLORADO Weld County Clerk to the Board d/`' '1C y 0,29--) / , p H. Webster, hairman BY: ( j i_e_pLi /�fi , k Deputy C(ierk to the Board Dal . Hall, -Tem APPROVED AS TO FORM: s, K. Georg . Baxter 4 // / County Att�rney Con ,tannce L. Harbert i / 2CkLiiCZ i ,rv /r�.t.C�.1-; Barbara J. Kirkmey r 7 940540 GAS DIVISION ORDER AR2393989 TO: ASSOCIATED NATURAL GAS, INC. Lease No. 2368 P. O. Box 5493 Denver, Colorado 80217 Date : June 1 , 1994 Attn: Division Order Dept. 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 from the sale of Gas produced and saved from the ELLIOTT #1 lease or unit, located in the County or Parish of WELD, State of COLORADO more particularly described as follows : Township 1 North, Range 66 West Section 24: NE/4 Owner No. Credit To Division of Interest Decimal FOR DIVISION OF INTEREST SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. Effective at 8:00 A.M. January 1 1 99 4 and until further notice, you are hereby authorized to take or retain possession of all Gas from said propeFty(ies) on and after the effective day and to give credit as set forth above for aLL proceeds derived from the sale of Gas from said property(ies) subject to the conditions, covenants and directions set out below: FIRST: It is understood that the Gas produced from the above-described property(ies) is being sold under that certain Gas Purchase and Processing agreement dated.JULY 1. 1992 between GERRITY OIL i GAS CORPORATION as "Seller" and Associated Natural Gas, Inc. as "Buyer", and that all terms and covenants contained therein, and in any amerdnents, extensions 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 are to be made. As used in this Division Order, the term "Gas" shall be deemed to include casinghead gas, gasoline and all other products which Associated Natural Gas Inc. receives and/or recovers by processing from gas produced from wells on said property(ies). All covenants appearing on the reverse side hereof are incorporated herein by reference and the undersigned agree that each shall be deemed and considered an essential pert of this division order in like manner and with the same effect as if printed above our signatures. The undersigned expressly waive any claim against you for any and all amounts which may be due us from others for production prior to the effective date hereof. Signatu ' ot,Witnesses Owners Sign Below Taxpayer I.D. or (Enter Mailing Address) Social Security Number i'dTEST: A Q AI�PS 84-6000813 We ' y C rk Board W. H. Webster, hairman 06/?d/94 ieg�dd County Board of Commissioners BY. dddress Deputy Cler to Bo P.O. Box 758 Greeley, CO 80632 Address Address B 1447 REC 02393989 06/20/94 11 : 43 $0. 00 1/005 F 0691 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 940540 SEMI: fmmyment's m to be made monthly by checks of Associated Natural Gas, Inc. tote delivered or mailed to the parties thereto entitled at the addresses above given, provided that if the amount due any owner is less than Twenty-Five and 00/100 Dollars ($25.00) per month, Associated Natural Gas, Inc., at its option, may defer the making of such payment until such time as the aggregate amount due exceeds said sun. The undersigned authorizes Associated Natural Gas, Inc. to withhold from the proceeds of any and all Gas referred to herein the amount of any tax placed thereon, or on the production thereof, including but not limited to any severance, production or occupation tax, by any governsmental authority, local, state and/or federal, and to pay the same in our behalf with the proceeds so withheld. THIRD: In the event of any adverse claim of title or in the event title shall not be satisfactory to Associated Natural Gas, Inc. at any time during the term of this Division Order, each of the undersigned agrees to furnish complete abstracts of title and other evidence of title satisfactory to Associated Natural Gas, Inc. and authorizes Associated Natural Gas, Inc. to withhold payment, without obligation to pay interest on the amount so withheld, until satisfactory indemnity shall be furnished to Associated Natural Gas, Inc. against such adverse claims or any such defects in the title, or until title shall be made satisfactory to Associated Natural Gas, Inc. Each undersigned party, as to the interest of such party hereunder, respectively agrees, in the event suit is filed in any court affecting title to said Gas, either before or after severance, to indemnify and save harmless Associated Natural Gas, Inc. against any and all liability for loss, cost, damage, and expense which Associated Natural Gas, Inc. may suffer or incur on account of receiving and paying said party the proceeds derived fran the sale of said Gas. Where Associated Natural Gas, Inc. pursuant to the provisions hereof, withholds payment, or any part thereof, each undersigned party from whom payment is withheld severally agrees to indemnify and hold Associated Natural Gas, Inc. harmless of and from all liability for any tax, together with all interest and penalties incident thereto, imposed or assessed against, or paid by it on account of the sum or suss so withheld from payment to said party, and deduct all such taxes, interest and penalties so paid it from any suns owing by it to said party. FQRlTN: The undersigned severally agree to notify Associated Natural Gas, Inc. of any change of ownership, and no transfer of interest shall be binding upon Associated Natural Gas, Inc. until transfer order and the recorded instrument evidencing such transfer, or a certified copy thereof,shall be furnished to Associated Natural Gas, Inc. Transfer of interest shall be made effective 8:00 A.N. on the first day of the calendar month in which proper notice is received by Associated Natural Gas, Inc. Associated Natural Gas, Inc. is hereby relieved of any responsibility for determining if and when any of the interests hereinabove set forth shall or should revert to or be owned by other parties as a result of the completion of discharge of money or other payments fran said interests, and the signers hereof whose interests are affected by such money or other payments, if any, agree to give Associated Natural Gas, Inc. notice in writing by registered letter addressed to Associated Natural Gas, Inc., P. 0. Box 5493, Denver, Colorado 80217 Attn: 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, for any reason, become effective and to furnish transfer order accordingly, and that in the event such notice shall not be received, Associated Natural Gas, Inc. shall be held harmless in the event of, and is hereby released from, any and all damage or loss which might arise out of any overpayment. FIFTH: If any portion of the proceeds derived fray 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, Associated Natural Gas, Inc. may hold without interest the portion of the proceeds subject to refund unless indemnity satisfactory to Associated Natural Gas, Inc. has been furnished, or until Associated Natural Gas, Inc's. refund obligation has been finally determined. If any portion of the proceeds derived from the sale of Gas is paid over by Associated Natural Gas, Inc. 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, Associated Natural Gas, Inc. is authorized to recover the amount of the refund applicable to the Interest of each of the undersigned from future payments, or at Associated Natural Gas, Inc's. election, it may therefore invoice the undersigned, plus the legal rate of interest Associated Natural Gas, Inc. is or maybe required to pay in connection with the undersigned's portion of the refund. SIXTH: 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 have so signed. If the provisions of this Division Order are in conflict with the provisions with any oil and 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 gas lease as being in full force and effect as of the date hereof. B 1447 REC 02393989 06/20/94 11 : 43 $0 . 00 2/005 F 0692 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 940540 1 t EXHIBIT A 2368 ELLIOTT #1 OWNER NO CREDIT TO PERCENTAGE INTEREST 46729 WESTWAY PETRO TEXAS JV . 218750 OI WILLIAM E READ NOMINEE 77435 ANTELOPE PRODUCTION CO . 751950 OI 84998 JULIE BENNETT ANDERSON . 250000 OI 84999 GAIL H BENNETT . 750000 OI 85000 JEFFREY BENNETT . 250000 OI Lc) 0 0 O 0 85001 RODNEY B BENNETT . 250000 OI m 0 0 O 85009 PETER J FARELLY 1. 503910 0I 0 3 COLORADO STATE BANK BUILDING r 85023 HARVEY P SUTTON . 751950 0I ea a 0 a m 85040 BELCO DEVELOPMENT CORP 1. 531250 OI m a BEL NORTH PETROLEUM CORP .. as ri x 85047 HOLLY KAY HAYNIE TRST - ROBERT . 875000 OI a L HAYNIE - TRUSTEE "it la en Q 0 85052 LEN MAYER . 875000 OI 0Z N o-+ m)• E 1129 WELD COUNTY - BOARD OF CJTY . 207030 RI mCOMMISSIONERS �� on m co 85003 DANIEL P CRONIN & MARY 3. 007810 RI m CRONIN al Zen z cm 4 0 85038 GEORGE R AARON & PATRICIA . 097660 RI 0 a K AARON v a z 85039 FRANK E BAUER & MARIANNE . 044920 RI n m C BAUER am " c 85041 JAMES D CALZIA & PATRICIA ANN . 201170 RI as N4 CALZIA 85042 CHESSOLDTER S &MINERALSOTOLLE RONALDMINGS 082030 RI HARMS 940540 EXHIBIT A 2368 ELLIOTT #1 OWNER NO CREDIT TO PERCENTAGE INTEREST 85043 ROBERT A ELLIOTT 6. 250000 RI 85044 CARL JOSEPH ERICKSON & LEAH . 058600 RI CAROL ERICKSON 85045 JAVIER ESPARZA . 051760 RI 85046 LARRY A HASTMAN & ELLEN MARIE . 048830 RI HASTMAN 85048 LUCILLE M HARVEY . 074220 RI 85049 LLOYD E HESSER & MAURINE . 146480 RI E HESSER 85050 LORENE A HILL . 103520 RI 85051 CLARYCE E LOWRANCE . 117190 RI 85053 JANICE J MORRISSETT . 152340 RI 85054 BOB L MULKEY & BONNIE R MULKEY . 267580 RI 85055 BERNARD MULLINEX . 183590 RI 85056 MICHAEL T OCHS & MARY JO OCHS . 074220 RI 85058 RUDOLPH V PEREA & ANNIE E . 058590 RI PEREA 85060 BETTY L PRICE . 051760 RI 85061 CHARLES R RIGIL . 146480 RI 85062 JACK L SIMPSON & YONLENE . 150390 RI G L SIMPSON 85063 VANTAGE BUILDERS INC . 234380 RI B 1447 REC 02393989 06/20/94 11 : 43 $0 . 00 4/005 F 0694 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 940540 EXHIBIT A 2368 ELLIOTT #1 OWNER NO CREDIT TO PERCENTAGE INTEREST 85064 WILLIAM D WEBB & VERNA L WEBB . 058590 RI 85065 JAMES W WOODLEY & JULIA MAE . 156250 RI WOODLEY 85066 BILL J WYLY . 107420 RI 31152 GERRITY OIL & GAS CORPORATION 79. 859380 WI 100. 000000 TOTAL B 1447 REC 02393989 06/20/94 11 : 43 $0 . 00 5/005 F 0695 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 940540 Hello