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HomeMy WebLinkAbout911467.tiff AR2273S93 RESOLUTION RE: APPROVE OIL AND GAS DIVISION ORDER TO ASSOCIATED NATURAL GAS, INC, FROM DACONO OIL COMPANY AND AUTHORIZE CHAIRMAN TO SIGN 0o OU WHEREAS, the Board of County Commissioners of Weld County, Colorado, O pursuant to Colorado statute and the Weld County Home Rule Charter, is vested U with the authority of administering the affairs of Weld County, Colorado, and Q a 0 3 WHEREAS, Weld County, Colorado, has received an Oil and Gas Division Order o w to Associated Natural Gas, Inc. , P.O. Box 5493, Denver, Colorado 80217, from toi-L4Dacono Oil Company, and Q a O U o a WHEREAS, said Division Order covers land more particularly described as follows: a Township 2 North, Range 67 West, 6th P.M. w Section 31: SWeNWa m U Weld County, Colorado Nz O H Hip WHEREAS, Weld County is entitled to a one-eighth royalty interest on o a production, and W M h Ol G7 C° rx4WHEREAS, in order to receive said royalty interest, Weld County must r a execute said Division Order, a copy of which is attached hereto and incorporated N 4 herein by reference, and 0 r W a, WHEREAS, said Division Order has been reviewed by a member of the Weld y M County Attorney's staff and found to be in order, and N LI) M O N P w 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 Associated Natrual 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. 911467 ZK Cc?y cc ' i+V6-3 Or}Gon,0 oil (To RAIG+) Page 2 RE: DIVISION ORDER - ANGI The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of December, A.D. , 1991. L0O o U BOARD OF COUNTY COMMISSIONERS o w p ATTEST: Ma4A? WELD COUN Y`, ;OLORADO Ca Weld County Clerk to the Board /,�1� / aN Gord. a y airman o 0 3 � By• Deputi Clerk ia; the Board- George Ken dy, Pro-Tem x � rU APPROVED AS TOM: EXCUSED DATE OF SIGNING - (AYE) O Constance L. Harbert ‘,61„t, ./t/ % County Attorpey C. W. Kirby ] ) W �' l / / 0, 64 o v H. � tY/�' 1 � W. Ti "CCebste NH O H 0 E o W x W M 7 CS CO W iii M � z N '7. N4 O Ux W x � cr N Ul CO O N CO w 911467 DIVISION OEM i f (COMBINED CAS AND OIL) FL, , TO: ASSOCIATED NATURAL SAS, INC. (•ANSI•, O1 ASSOCIATED TARNS ONT NO TWINS CONPANT VATTCO•) - tia Office Ds MO TO Th.: L Demmer. Colorado 1T Gas 45016AC @ ATTN: Division Order Deportment Leese No 011 50850AC Date November 27, 1991 Plant The undersigned. and each of us, certify and puerantee that we ere the legal owners of end hereby warrant the title to our respective inteeeeee in the proceeds derived from the eels of Set end Oil (es more Utdivieksally defined herein) produced and saved from the Frederick Unit C lase or unit located to the Canty or Parish of Weld State of Colorado more perticulerly described es follows: Township 2 North, Range 67 Nest Section 71: SN/4NN/4 As to production from the Sussex-Shannon forsation OWNER NO. CREDIT TO DIVISION OF !STEM'S DECIMAL See attached exhibit "A" for ownership listing Effective 5:00 A.M, n..e qm Viva. an , and until further notice, ion of all Gat and oil froe said r you are hereby author iced to take or retain p operty(ies) on end after the effective day and to give credit as set forth above for all proceeds derived free the tele thereof from said property(iet) subject to the conditions, covenants and directions set out below: FIRST: It it understood that the Gas produced from the above-described property(ies) is being sold under that certain Gas Purchase end processing Agreement dated November 1 Dacca:, Oil Company 19 91, between as r ASSOCIATED INC, as 'Buyer', and that all terms and covenants contained therein, and in any amendments extensions, or renewals thereof shall govern and be binding upon the parties hereto to all respects which shall include, but not be restricted to, the price to be paid for said Gas and the time when such payments ere to be made. As used in this Division Order, the ten •gem' shall be deemed to include casirgheed gat, gasoline end all products which Associated Natural Gas, Inc. may receive and/or recover by processing froe Gas produced tree wells on said property(ies). All covenants appeoring on the reverse side hereof are incorporated herein by reference and the undersigned spree that each shall be deemed and considered an essential part of this Division Order in like manner and with the some effect as if printed above our signatures. The undersigned expressly waive eny claim against ANGI end ATTCO for eny end all amounts which may be due us from others for production prior to the effective date hereof. Si Owners Sign Below 'fawner es of Yit ses < ng ef 'fawner identification or Social Security Number ATTEST: W C U GO 84-6000813 6 BY: CY, C RMAN WELD COUNTY BOAR OF CQMMTSSTONERS DEPUTY RK TO BOARD Address P,O, BOX 758 GREELEY. CO 80632 Address Address V1.1.467 7 B 1321 REC 02273893 01/02/92 16 : 30 $0 . 00 3/006 F 2055 MARY ANN FEDERSTEIN CLERK & RECORDER WELD CO, CO SECOND: The word '0 - es used herein shall include, but is roc hatted to, condensate and ell marketable liquid Ay. :arbons produced end lived hereunder, bus excluding that recovered from processing of Gas. All Oil received end purchased heraunder salt be merchantable Oil end shall become the property of ATTCO es soon as the wee is received into its custody or that of ony carrier it designates. ATM tall not be expected to natality Oil Indefinite quantities, nor for fixed periods, roe 10 provide Storage. THIRD: The Oil received end purchased hereunder shell be delivered f.o.b. to ony Carrier Ana designatel whits gathers end receives said Oil and ATTCO agrees to Oey for such oil to the undersigned according to the division of interests herein specified et the price agreed upon between ATTCO and the lease operator. FOURTH: Quantities of Oil purchased hereuder shall be determined by the method of measurement and computation employed by ATTCO or ATTM's agent 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, end the use of meters or any other reasonebly accurate method of measurement end coeputetion. ATM salt correct the volume end gravity to teeperature of 60o Fahrenheit and shall deduct frees such corrected volume the full percentages of basic sediment, water end other impurities es shown by its test. ATTCO may refuse t0 receive ony Oil it considers to be not merchantable. FIFTH: Payments ere to be made monthly by checks of ANGI for Gas and ATTCO for Oil to be delivered or mailed to the parties thereto entitled et the add hove given, provided thet if the amount due any owner it less than Twenty-five end 00/100 Dollars (S25.00) per month, ANGI or ATTCO, et its option, may defer the making of such payment until such time es the aggregate amount due exceeds said sum. The undersigned authorize ANGI and ATTCO to withhold from the proceeds of any and all Gas and Oil referred to herein, the amount of mny tax placed thereon, or on the production thereof, including but not limited to any severance, production or occupation tax, by any goverraental authority, local, . state and/or federal, and to pey the same in our behalf with the proceeds so withheld. SIXTH: In the event of eny adverse claim of title or in the event title shall not be satisfactory to ANGI or ATTCO 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 ANSI end/or ATTCO and authorizes same to withhold payment without obligation to pay interest on the amount so withheld, until satisfactory indemnity shall be furnished to ANGI and ATTCO, Each undersigned party es to the interest 01 such party hereunder respectively agrees, in the event suit is filed in any court affecting title to said Gas snd/or Oil, either before or after severance, to indemnify end save harmless ANGI and ATTCO against any and all liability for loss, cost, damage and expense which ANGI or ATTCO may suffer or incur on account of receiving and paying said party the proceeds derived from the sale of said Gas and/or Oil. Where ANGI and/or ATTCO, 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 ANGI and ATTCO harmless of and from all liability for any tax, together with all interest end penalties incident thereto, imposed or sssessed against or paid by them on account of the sun or sums so withheld from payment to said party and deduct all such taxes, interest end penalties so paid by them from any suss owing by them to said party. If .suit is filed affecting the interest of the undersigned, written notice thereof shall be given ANGI end ATTCO al the above address by the undersigned, together with • certified copy of the complaint or petition filed. 1f ANGI or ATTCO are made a party to such proceedings, the undersigned agrees to indemnify sane against any judgment rendered therein and to reimburse ANGI and ATTCO for any costs, attorney's lees or other expenses incurred in connection therewith. SEVENTH: The undersigned severelty egree to notify ANGI end ATTCO of any change of ownership and no transfer of interest shall be binding upon ANGI or ATTCO until transfer order and the recorded instrument evidencing such transfer, or • certified copy thereof, shall be furnished to ANGI or ATTCO. Transfer o1 interest shall be made effective 8:00 ca. on the first day of the calendar month in which proper notice is received by ANGI mnd ATTCO. ANGI and ATTCO are 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 from said interests and the signers hereof whose interests are affected by such money or other payments, 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, for any reason, become effective end to furnish transfer order accordingly and that in the event such notice shell not be received, ANGI and ATTCO shall be held harmless in the event of, end are hereby released from any and all damage or loss which might arise out'of any overpayment. Should adjustments be necesary, 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 lase interests owned by the undersigned. EIGHTH: If any portion of the proceeds derived from the sale o/ 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 ANGI's refund obligation has been finally determined. If any portion of the proceeds derived from the ale 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 ere authorized to recover the amount of the refund applicable to the interest of each of the undersigned from future payments (Gas end Oil) or at ANGI's election, it may invoice the undersigned therefor, plus the legal rate of int 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 end/or operator, he or she guarantees and warrants that all Gas mnd 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 end binding upon each end every owner above named upon. execution hereof by such owner regardless of whether or not eny of the other above-named owners:hove so signed. No termination 01 this Division Order shall be effective without giv.ng thirty (36)`days prior written notice. If the provisions of this Division Order are in conflict with the provisions of sny oil and gas lase covering the above-described propertylies), the provisions of this Division Order shalt prevail. Each undersigned owner ratifies and confirms his oil and gas lase as being in full force and effect as of the date hereof. In consideration 01 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 end tanks on said land, to disconnect end 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 call be deemed modified to as to comply with such low or 'regulation. B 1321 REC 02273893 01/02/92 16 : 30 $0 . 00 4/006 F 2056 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO O1 I {tS 1 EXHIEIT A 45016AC: FREDERICK UNIT /C/ 50850AC OWNER NO CREDIT TO PERCENTAGE INTEREST 1p!' �, 1129 WE[ D COUNT :»4 .5:_! 8 1'? RI 39832 ANTHONY A HERD . 340720 RI 39836 GEORGE E AND THELMA L JONES .'7'1'7950 RI - 9903 I LAGER I D D I TLEV 3 .849010 PI 39919 LUC:.I ANO AND B I ANCA RUSC I TT I . 145510 I 39956 HAROLD R BURGESS .063880 RI 39969 AR I LD D I TLE.V 3 .849010 .:I '-'986 G I LROY A FRAGALE .063:;80 RI 40509 JOE A FARM I EN TO . 127770 R r 4�609 ROBERT A BARNES .06370_ RI 40626 LEASE SUSPENSE 2.':84810 RI 40647 RUDY A MORENO . 127770 RI 40881 GARY V PRO PE .07ec:8o Ri 146,30 NORTH AMERICAN RESOURCES 4.409820 WI COMPANY, INC. 39457 BASIN EXPLORATION INC 61 .701470 WI 3988A RAY I< _. MARY F DAVIS .::481960 WI 19903 INGERID D.ITi_EV 10.28534_ 0 :;I B 1321 REC 02273893 01/02/92 16 : 30 $0 . 00 5/006 F 2057 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 01iA�•-, EA k12:7 IL'•a f�r,:7 a 450 16AC- FREDER I CF:. UNIT 'C/ 50850AC OWNER NO CREDIT Ti FEhC:ENTAuE INTEFr_ZT _'.7,c)c9 ARILD DITLEV 10.2:S5140 WI 100.000000 B 1321 REC 02273893 01/02/92 16 : 30 $0 . 00 6/006 F 2058 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO C'!1 ,� /1431 ASSOCI►TEU NKTI IAL GiS, INC. INSTRUCTIONS TO ALL INTEREST OWNERS THE ENCLOSED 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: 1 . Sign your name as shown on the Gas Di . ision Order or Gas Transfer Order . 2. Have your signature witnessed by two competent witnesses . 3. If 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 Beal 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 ouch 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 Number or Tam Identification Number , the law provides that we withhold 20,, of all production proceeds due you. You may ,also be sub;ect to a further penalty levied by the Internal Revenue Service. E. Your correct mailing address should be noted in the space provided to insure prompt receipt of production proceeds . 9. The white copy or the "Original' of the Gas Division Order or Gas Transfer Order should be returned to: ASSOCIATTiI NATURAL GAS, IN;. P.O. BOX 5493 Denver CO 80217 877N: DIVISION ORDER DEPAFTY!, 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 . 11 . Please DO NDT DF7A^H the Exhibit from the Gas Division Order or 01 Gas Transfer Order if one 9s included. ANGI ASSOCIWEU NK UUL 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 Octo:er- 1?91 Basin r, ' _ pe;'atir�n , :nc . wlil become O.7ei-arnr of the ;yell =_ . 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 2Oth 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 Q'i k 4,4.t_. • C-�.c e e 4.1___ Barbara L . Buck Manager , Division Order Department BLB: blg Enclosure el 4*•-' 900 REPUBLIC PLAZA • 370 SEVENTEENTH STREET • DENVER,COLORADO 80202 • (303)595-3331 • FAX(303)595-0480 MAILING ADDRESS: P.O. BOX 5493 • DENVER, COLORADO 80217 Hello