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Home My WebLink About940323.tiff 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 1 North, Range 66 West, 6th P.M. Section 19: El as to production from the "J" Sand Formation 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, 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. 940323 / roll 10 DIVISION ORDER - GERRITY OIL AND GAS CORPORATION PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of April, A.D. , 1994. ATTEST:�� ,,,,��,/�,�cV Lin BOARD OF COUNTY COMMISSIONERS WELD COUNTY, C LORADO Weld County Clerk to the Board . 1IL W. H. Webster, a'rman BY: eputy Cl the Bq xd-__._ Hall, P -Tem APPRO AS TO FORM: X/x4 , , fp //George V Baxter /71 1 County Attor y Constance L. Harbert 7 / ,s1�r� Barbara J. Kirkm er 940323 OIL AND GAS DIVISION ORDER ARelodod i Date: March 24, 1994 Lease No.: 05026651 Lease Name: Watada WW 19-4D Effective Date: 1st Production 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 1 North. Rape 66 West.6th P.M, Section 19: BS as to production from the 'J' Sand formation Commencing on the effective date hereof, the Company is hereby granted and authorized to take 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 Percent Interest For Division of Interest see Exhibit'A'Attached Hereto and Made a Part Hereof Addldanalllq.ln aatmeWarationof the waN.drisSonto be drilled awthtabavedeeaibed laid*and the payment to the undersigned of royalties on production from said walls, 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 from the purchaser. Oil shall be graded and measured in accordance with applicable rules, regulations, or standards generally accepted in the industry. Irrthe 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 effect on the date of delivery, or if no posted price is then in effect, settlements shall be 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 casingiead 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 (325), the Company may defer such payment and make payment when such settlement amount has accumulated to Twenty-five Dollars (325) 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 claiming such interest. The Company may,at any time, require the undersigned to furnish proof of its title to its interest, including abstracts of title or other pertinent records or documents. B 1436 REC 02382889 04/11/94 15 : 12 $0. 00 1/007 F 0344 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 940 32 3 6. The undersigned shall notify the Company of any change in the ownership of their interest, and the Company shall not be liable%F, 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 required to give effect to any change of interest of the undersigned prior to the first day of the calendar month next following the month in which the Company is notified of such change, regardless of the elf ective date of the Instrument transferring the same. 7. The undersigned hereby represent, grant 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 from the premises is in full 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 from 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'. 8. 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 or 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 future 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. Wi s Sign Belo • Owner Sign Below: / SS No. or Tax ID No. ATTEST• di d i z,7X,t,b��(�j� $4-honoRI3 WELD COU TY CLERK TO BOARD W. H. WEBSTER, CHAIRMAN 04/06/94 By. ,122 i /�-/ / I�CX(/V WELD COUNTY BOARD OF D UTY CJRK TO BOARD COMMISSIONERS P.O. BOX 758 GRFFT.FY ('n R1f6R7 IMPORTANT: TO AVOID DELAY IN PAYMENT,YOUR CURRENT ADDRESS AND SOCIAL SECURITY NUMBER OR TAX ACCOUNT NUMBER MUST BE SHOWN B 1436 REC 02382889 04/11/94 15 : 12 $0 . 00 2/007 F 0345 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 940323 GERRITY OIL & GAS CORPORATION PAGE 1 DIVISION OF 'INTEREST - STATEMENT OF LEASE OWNERSHIP PROPERTY NAME WATADA RED WW 19-04 D (J) DIV ORDER # OPERATOR GERRITY OIL & GAS CORPORATION PRODUCT ALL COUNTY WELD EFF DATE 01/01/93 STATE COLORADO PROPERTY NO 05026651 GERRITY OIL & GAS CORPORATION ASSUMES NO RESPONSIBILITY FOR ACCURACY OR CORRECTNESS OF THE INFORMATION HEREIN SET OWNER OWNER NAME AND ADDRESS TAXPAYER TYPE DECIMAL PAY NUMBER ID INTEREST INTEREST CODE JAMES T & DORIS AYAK NAKATA AND 1490 ** JOE D & JANE A SASAKI J/T 523-36-4608 RI 0 . 00781250 S2 1821 WELD CO RD 27 BRIGHTON, COLORADO 80601 JAMES T & DORIS AYAK NAKATA AND 1501 ** TOM T & IDA A SASAKI J/T 521-36-0488 RI 0 . 00781250 S2 1812 WELD CO RD 27 BRIGHTON, COLORADO 80601 1706 STATE OF COLORADO DEPT HWY 84-6000481 RI 0 . 00158540 S1 P 12-058-00 P 07-021-00 4201 E ARKANSAS AVE DENVER, COLORADO 80222 5895 FULTON IRRIGATING DITCH CO 84-0207950 RI 0 . 00019870 S1 25 S 4TH AVE BRIGHTON, COLORADO 80601 6413 WELD COUNTY COLORADO 84-6000813 RI 0 . 00071020 S1 C/O BOARD OF CTY COMMISSIONER 915 10TH ST GREELEY, COLORADO 80632 9351 HELEN A ADAMS 523-18-4956 RI 0 . 02343750 S1 2631 WELD COUNTY RAOD 27 FORT LUPTON, COLORADO 80621 CARROLL INVESTMENTS AND 9352 ** JOSE G & MARIE D CABRERA 522-52-3041 RI 0 . 00184770 S2 5310 S NELSON STREET LITTLETON, COLORADO 80127 ** SEE ATTACHED DEED OF TRUST REQUIREMENT B 1436 REC 02382889 04/11/94 15 :12 $0 . 00 3/007 F 0346 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 940323 GERRITY OIL & GAS CORPORATION PAGE 2 DIVISION OF INTEREST - STATEMENT OF LEASE OWNERSHIP PROPERTY NAME WATADA RED WW 19-04 D (J) DIV ORDER # OPERATOR GERRITY OIL & GAS CORPORATION PRODUCT ALL COUNTY WELD EFF DATE 01/01/93 STATE COLORADO PROPERTY NO 05026651 GERRITY OIL & GAS CORPORATION ASSUMES NO RESPONSIBILITY FOR ACCURACY OR CORRECTNESS OF THE INFORMATION HEREIN SET OWNER OWNER NAME AND ADDRESS TAXPAYER TYPE DECIMAL PAY NUMBER ID INTEREST INTEREST CODE DONALD L & SUZANNE RITTENHOUSE AND UNITED BANK OF BRIGHTON AND 9353 ** FRANK DAMIANA ESTATE 522-01-4544 RI 0 . 00163970 S2 RANDAL GENE DAMIANA - CONSERV. ROUTE 1 , BOX 113A MOORE, IDAHO 83255 9354 ROBERT & IRENE ESTEVANOVICH 555-62-2326 RI 0 . 00141202 S1 P 0 BOX 117 PERRIS, CALIFORNIA 92572 9355 ROBERT V FRANK 523-48-7769 RI 0 . 00229430 S1 C/O GREELEY NATIONAL BANK HR-10 PLAN P 0 BOX 1098 GREELEY, COLORADO 80632 9356 ANTHONY GHERARDINI 521-34-8081 RI 0 . 00963050 S1 5025 W 32 AVENUE DENVER, COLORADO 80212 9357 BILL & ELIZABETH GOLOBE 521-68-3623 RI 0 . 00141203 S1 5050 ROSEVILLE RD, SP 7-13 NORTH HIGHLANDS, CALIFORNIA 95660 9358 NICK & BETTY GOLOBE JR 526-78-5336 RI 0 . 00141203 S1 5050 ROSEVILLE RD, SP 7-13 NORTH HIGHLANDS, CALIFORNIA 95660 9359 GEORGE & CLARA LUCAS 568-42-6995 RI 0 . 00141202 S1 P 0 BOX 750932 PETALUMA, CALIFORNIA 94973 ** SEE ATTACHED DEED OF TRUST REQUIREMENT B 1436 REC 02382889 04/11/94 15: 12 $0 .00 4/007 F 0347 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 940.723 GpRITY OIL & GAS CORPORATION PAGE 3 DIVISION OF INTEREST - STATEMENT OF LEASE OWNERSHIP PROPERTY NAME WATADA RED WW 19-04 D (J) DIV ORDER # OPERATOR GERRITY OIL & GAS CORPORATION PRODUCT ALL COUNTY WELD EFF DATE 01/01/93 STATE COLORADO PROPERTY NO 05026651 GERRITY OIL & GAS CORPORATION ASSUMES NO RESPONSIBILITY FOR ACCURACY OR CORRECTNESS OF THE INFORMATION HEREIN SET OWNER OWNER NAME AND ADDRESS TAXPAYER TYPE DECIMAL PAY NUMBER ID INTEREST INTEREST CODE FIRST NATIONAL BANK OF LAFAYETTE AND 9360 ** JOHN C & GWENDOLYN S NOLAND 495-46-8868 RI 0 . 00270890 S2 P 0 BOX 955 BRIGHTON, COLORADO 80601 9361 TOM W & MARGARET G SPAIN J/T 524-16-1239 RI 0 . 00078110 S1 2021 WELD COUNTY ROAD 27 FORT LUPTON, COLORADO 80621 FIRST SECURITY BANK .AND 9362 ** ALBERT & ESTHER WATADA 521-36-2592 RI 0 . 00481510 S2 JOINT TENANTS 2292 WELD COUNTY ROAD 27 FORT LUPTON, COLORADO 80621 FIRST SECURITY BANK AND 9363 ** ALFRED & MARGARET WATADA 521-36-6427 RI 0 . 00481510 S2 JOINT TENANTS 13033 WELD COUNTY ROAD 6 FORT LUPTON, COLORADO 80621 9364 WELD COUNTY SCHOOL DISTR RE 8 84-6002059 RI 0 . 00166230 S1 301 REYNOLDS STREET FORT LUPTON, COLORADO 80621 9365 FRANK YOKOOJI 524-24-2966 RI 0 . 01711770 S1 12673 WELD COUNTY ROAD 6 BRIGHTON, COLORADO 80601 TRANSAMERICA FINANCIAL SERVICE AND 9366 ** CHARLES L & BARBARA PATTERSON RI 0 . 00375780 S2 JOINT TENANTS 5198 WELD COUNTY ROAD 49 HUDSON, COLORADO 80642 ** SEE ATTACHED DEED OF TRUST REQUIREMENT B 1436 REC 02382889 04/11/94 15 :12 $0. 00 5/007 F 0348 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 94th2 3 & GAS TION ERRITY LDIVISION OFGINTERESTI- STATEMENTPOFA PAGE 4 LEASE OWNERSHIP PROPERTY NAME WATADA RED WW 19-04 D (J) DIV ORDER # OPERATOR GERRITY OIL & GAS CORPORATION PRODUCT COUNTY WELD ALL STATE COLORADO EFF DATE 01/01/93 PROPERTY NO 05026651 GERRITY OIL & GAS CORPORATION ASSUMES NO RESPONSIBILITY FOR ACCURACY OR CORRECTNESS OF THE INFORMATION HEREIN SET OWNER OWNER NAME AND ADDRESS NUMBER TAXPAYER TYPE DECIMAL PAY ID INTEREST INTEREST CODE HELEN 9367 ** GERRALDAAADAMS ADAMS AND 5026 HOWES LANE RI 0 . 00585940 S2 SAN JOSE, CALIFORNIA 95118 HELEN A DAMS AND 9368 ** SHIRLEY A GRA AND Y ROUTE 3 BOX 9 RI 0 . 00585940 S2 GOODLAND, KANSAS 67735 UNION COLONY BANK AND HELEN A ADAMS AND 9369 ** JAMES L ADAMS P O BOX 512 RI 0 . 00585940 S2 AULT, COLORADO 80610 HELEN A ADAMS AND 9370 ** WAYNE H ADAMS 13770 WELD COUNTY ROAD 10 RI 0 . 00585940 S2 FORT LUPTON, COLORADO 80621 9371 WELD COUNTY LANDFILL P 0 BOX 188 RI 0 . 00328730 S1 COMMERCE CITY, COLORADO 80037 TOTAL FOR TYPE INTEREST "RI" 0 . 12500000 2462 C A PATCHEN 3151 S JASMINE WAY 443-01-1808 OR 0 . 00312500 S1 DENVER, COLORADO 80222 4320 CLARK COLTON 457-52-2433 OR 0 . 00312500 S1 3126 E FREMONT DR LITTLETON, COLORADO 80122 ** SEE ATTACHED DEED OF TRUST REQUIREMENT B 1436 REC 02382889 04/11/94 15 : 12 $0. 00 6/007 F 0349 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 940n3 G 2ITY OIL & GAS CORPORATION PAGE 5 DIVISION OF INTEREST - STATEMENT OF LEASE OWNERSHIP PROPERTY NAME WATADA RED WW 19-04 D (J) DIV ORDER # OPERATOR GERRITY OIL & GAS CORPORATION PRODUCT ALL COUNTY WELD EFF DATE 01/01/93 STATE COLORADO PROPERTY NO 05026651 GERRITY OIL & GAS CORPORATION ASSUMES NO RESPONSIBILITY FOR ACCURACY OR CORRECTNESS OF THE INFORMATION HEREIN SET OWNER OWNER NAME AND ADDRESS TAXPAYER TYPE DECIMAL PAY NUMBER ID INTEREST INTEREST CODE 585 AMOCO PRODUCTION COMPANY 73-0466080 OR 0 . 03700000 S1 PO BOX 841521 DALLAS, TEXAS 75284-1521 TOTAL FOR TYPE INTEREST "OR" 0 .04325000 10 GERRITY OIL & GAS CORPORATION 84-1145802 WI 0.82337000 X 4100 E MISSISSIPPI AVE SUITE 1200 DENVER, COLORADO 80222 593 AMOCO PRODUCTION COMPANY 73-0466080 WI 0.00838000 S8 P 0 BOX 841521 DALLAS, TEXAS 75284-1521 TOTAL FOR TYPE INTEREST "WI" 0 . 83175000 TOTAL INTEREST 1 . 00000000 B 1436 REC 02382889 04/11/94 15 : 12 $0 . 00 /007 F 0350 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 940".) 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