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Home My WebLink About910064.tiff '' AR22'39R$3 - RESOLUTION RE: APPROVE OIL DIVISION ORDER FROM ASSOCIATED TRANSPORT AND TRADING COMPANY 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 is the holder of a certain lease, said lease covering land more particularly described as follows: Township 5 North, Range 66 West Section 35: SW/4 NW/4 Weld County, Colorado WHEREAS, Associated Transport and Trading Company has submitted an Oil and Gas Division Order on the subject property, and 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 as submitted by Associated Transport and Trading Company, P.O. Box 5493, Denver, CO 80217, 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. 1-E0O1g--1 910064 B 1288 REC 02239983 01/30/91 15: 30 X0. 00 1/005 i c„��a F 9n9Q MARV ANN RRUIR.RSTETN CLERK & RECORDER WELD CO, CO I/- 1Li, I Page 2 RE: DIVISION ORDER - ASSOCIATED TRANSPORT The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following votes on the 23rd day of January, A.D. , 1991. /Jf' i // BOARD OF COUNTY COMMISSIONERS ATTEST: /✓ Uv G WELD COUNT , LORADO Weld County Clerk to the Board Gordo ac irman By: (/ 761-4.g-/ 44--ce4o-c j EXCUSED DATE 0 SIGNING Deputy Cler to the Board `I Geo e Kennedy, Pro-Tem t , \ APPROVED AS ORM: A Ittindi(�tGa�/ Constance L. Har e t County Attorney C. W. Kirby7/11 191�l 10ZA W. H. Webster % B 1288 REC 02239983 01/30/91 15: 30 X0. 00 2/005 F 2029 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 910064 • OIL DIVISION ORDER TO: ASSOCIATED TRANSPORT& TRADING COMPANY Lease No. 50361 P.O. Box 5493 Denver, CO 80217 Date January 11, 1991 The Undersigned, and each of us, guarantee and warrant that we are the legal owners of our respective interest, in the proportions hereinafter stated, in all oil, condensate and/or other hydrocarbons produced and saved from the Schank #2 lease, located in Weld County, State of Colorado , described as follows: TOWNSHIP 5 NORTH - RANGE 66 WEST Section 35: SW/4NW/4 Effective at 13:00 A.M. Date of 1St Purcha$@nd until further written notice, you are authorized to receive all such oil production,for your own purchase or for resale, to receive payment therefor, to give credit for all proceeds derived therefrom and pay therefor as follows: Owner No. Credit To Division of Interest Decimal SEE ATTACHED EXHIBIT "A" FOR OWNERSHIP LISTING 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 part 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. Social Security# or Tax 1.D. S'ignature of Witness Signature of Owner Number *'c Address . 7 i'.,r 6i ,:d. '/:-D CY: ZI `LL ( f�2 L6-uiy c: r i ;) 7 .!;DE Address ( ( . € I.,..) r it, 1 t ORIGINAL - Return to ATTCO COPY- for your files l_3 ill d{ 1 i i ' A; r Doge B 1288 REC 02239983 01/30/91 15: 30 y0. 00 3/005 F 2030 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO. CO QIhMnLi The following covenants are also part of this division order and shall be binding upon the above signed and upon his or her successors,legal representatives and assigns. FIRST: The word"OIL"as used herein is hereby declared to Include,but is not limited to,condensate and all marketable liquid hydrocarbons produced and saved hereunder.All oil received and purchased hereunder shall be merchantable oil and shall become your property as soon as the same is received into your custody or that of any carrier designated by you.You are not expected to receive oil in definite quantities,nor for fixed periods,nor to provide storage. SECOND: The oil received and purchased hereunder shall be delivered f.o.b.to any carrier designated by you which gathers and receives said oil, and you agree to pay for such oil to the above signed according to the division of interests herein specified at the price agreed upon between you and the lease operator. THIRD: Quantities of oil purchased hereunder shall be determined by the method of measurement and computation employed by you or the Agent designated by you 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,and the use of meters or any other reasonably accurate method of measurement and computation.You shall correct the volume and gravity to a temperature of 60 degrees Fahrenheit and you shall deduct from such corrected volume the full percentages of basic sediment,water and other impurities as shown by your test.You may refuse to receive any oil not considered merchantable to you. FOURTH: Payments shall be made monthly for oil received and purchased during the preceding month,by your checks delivered or mailed to the above signed at the address above stated,provided that if,at any time,the monthly payment due the above signed hereunder shell be less than twenty-five dollars($25.00),you may defer such payment,without interest,until the amount payable to the above signed equals or exceeds the sum of twenty-five dollars($25.00),in which event,payment shall be made at the next regular settlement date.You are hereby authorized to withhold from the proceeds of any and all runs made hereunder the above signed's proportionate share of any tax levied and assessed by any governmental authority on the oil received and purchased hereunder and to pay the same. FIFTH: The above signed agrees to furnish evidence of title satisfactory to you.Until such evidence is furnished or in the event of any adverse claim,oil related lien or dispute at any time concerning title in the above described real property or the oil produced therefrom,you may withhold payment for oil accruing to the interest or interests affected thereby until you are indemnified to your satisfaction or until such adverse claim,lien or dispute shall have been fully settled without liability for interest in either case.If suit is filed affecting the interest of the above signed,written notice thereof shall be given you,at the above address by the above sig ned,together with a certified copy of the complaint or petition filed.If you are made a party to such proceedings,the above signed agrees to indemnify you against any judgement rendered therein and to reimburse you for any costs, attorney's fees or other expenses incurred in connection therewith. SIXTH: You will not be responsible for any change of ownership in the absence of actual notice and satisfactory proof thereof.Each signer agrees to notify you in writing of any change in his or her ownership and agrees that any transfer,assignment,or conveyance of any of his or her interest, however accomplished,shall be made subject to the division order and effective at 8:00 A.M.on the first day of the calendar month following the receipt of said notice by you.In the event said written notice is not received by you,you shall be held harmless for error resulting in over or under payment,or wrong payment of any such sum or sums.Should adjustments be necessary you shall have rights to set off any and all individual or joint liabilities the above signed has with you, including but not limited to proceeds from this and other lease interests owned by the above signed. SEVENTH: If the above signed is a working interest owner and/or operator,he or she guarantees and warrants that all 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. EIGHTH: This order shall bind each interest owner as soon as signed by him or her,whether or not signed by any other owner.All provisions herein contained shall apply to each signer hereof separately and not jointly.This order may be executed in counterparts, all of which together shall constitute one division order.No termination of this order shall be effective without giving thirty(30)days prior written notice.In consideration of the purchase of oil hereunder,consent is given you and any pipe line company which you may cause to connect with the wells and tanks on said land to disconnect and remove such pipe lines,in case of termination by either you or the above signed of purchases under this division order. B 1288 REC 02239983 01/30/91 15: 30 X0. 00 4/005 F 2031 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT A 50361 OWNER. NO CREDIT TO PERCENTAGE INTEREST 15587 THOMAS G DOROUGH JR 0. 036900 OI 29954 WALKER MILLER 0. 044600 OI 29962 JANICE D SEARS 0. 044600 OI 31616 W. G. VAN BEBBER AND 0. 014300 OI YVONNE VAN BEBBER 25363 WELD COUNTY 0. 357100 RI BOARD OF COUNTY COMMISSIONERS 36996 BELLY ACRES RANCH 10. 685700 RI C/O THOMAS C SCHANK 36994 HARRY H. SCHANK 10. 685700 RI 37006 RIVER RANCH EXPLORATION i_1D 78. 131100 WI -IF## 100. 000000 B 1288 REC 02239983 01/30/91 15: 30 X0. 00 5/005 F 2032 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 100(04 Assocatu TRINSPORT & TROING CCNJIRMY INSTRU6sIONS TO ALL INTEREST OWNERS THE ENCLOSED OIL DIVISION ORDER OR OIL TRANSFER ORDER SHOULD NOT BE ALTERED IN ANY WAY EXCEPT TO CORRECT SPELLING ERRORS, UNLESS ACCOMPANIED $Y DOCUMENTARY EVIDENCE TO SUPPORT THE CHANGE. If your name and interest are correctly shown: 1. Sign your name as shown on the Oil Division Order or Oil Transfer Order. 2. Have your signature witnessed by two competent witnesses. 3. If your name has changed due to marriage or divorce, execute the Oil Division Order or Oil 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 seal 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 such party's right to sign must be furnished. 6. Oil Division Orders or Oil 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 Tax Identification Number, the lay: provides that we withhold 20% of all production proceeds due you. You may also be subject to a further penalty levied by the Internal Revenue Service. 8. Your correct mailing address should be noted in the space provided to insure prompt receipt of production proceeds. 9. The "Original" of the Oil Division Order or Oil Transfer Order should be returned to: ASSOCIATED TRANSPORT k TRADING COMPANY P.O. BOX 5493 Denver CO 80217 AIIN: DIVISION ORDER DEPARTMENT 10. Should you have any further questions regarding the enclosed Oil Division Order or Oil Transfer Order, please contact your Operator or Associated Transport 8 Trading Co. at (303) 595-3331. 11. Please IIO Z DETACH the Exhibit from the Oil Division Order or Oil Transfer Order if one is included. %0 KI:M :PLAZA • 370 SFVENTEENN STREET • DENVER,COLORADO 80202 * (3459S-3331 • FAX(303)59C na r) MAILING ADDRESS P.O. BOX 5493 • DENVER. COLORADO 80217 - 910064 Hello