HomeMy WebLinkAbout911007.tiff AF22611778
RESOLUTION
RE: APPROVE GAS DIVISION ORDER WITH ASSOCIATED NATURAL GAS, INC, AND AUTHORIZE
CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
o pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
o with the authority of administering the affairs of Weld County, Colorado, and
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a WHEREAS, Weld County, Colorado, has received a Gas Division Order with
o w Associated Natural Gas, Inc. , P.O. Box 5493, Denver, Colorado 80217, and
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q WHEREAS, said Division Order covers land more particularly described as
pfollows:
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CT) a Township 5 North, Range 66 West, 6th P.M.
Section 33: NW,'-,SW,'-,
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Weld County, Colorado
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O1 V WHEREAS, Weld County is entitled to a one-eighth royalty interest on
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rz WHEREAS, in order to receive said royalty interest, Weld County must
co o execute said Division Order, a copy of which is attached hereto and incorporated
✓ w herein by reference, and
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No WHEREAS, said Division Order has been reviewed by a member of the Weld
V County Attorney's staff and found to be in order, and
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CO 1.0 WHEREAS, the Board deems it advisable to approve said Division Order on the
Mo co parcel of land described herein.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Gas Division Order with Associated Natural Gas, Inc. ,
P.O. Box 5493, Denver, Colorado 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.
911007
�c .I S C C : Rec Wca 1 \ "9
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RE: DIVISION ORDER - ASSOCIATED NATURAL GAS, INC.
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0 ry O The above and foregoing Resolution was, on motion duly made and seconded,
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Ca adopted by the follow
ing voteon the 19th day of August, A.D. , 1991.0 3 BOARD OF COUNTY COMMISSIONERS
oaATTEST: / WELD COUN Y%�LORADO
v� aWeld County Clerk to the Board
O - Gordon aFy hairman
/o F4 rn By: - - - __.-_ ..
Deputy Clerk to rd George Kenney Pro-Tem
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W APP&OY&B-AS TO FORM: EXCUSED
ti a y Constance L. Harbert
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NH .r!rn-f I : 1 6 0/1
W /.-r,l unty Attorney C. W. Kirby
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CO W. H. Webster
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911007
GAS DIVISION ORDER
TO: ASSOCIATED NATURAL GAS, INC.
P. O. Box 5493
Denver, Colorado 80217
Attn: Division Order Department Lease No. 397
Date August 12, 1991
Plant
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
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o V the proceeds derived from the sale of Gas produced and saved from the SDOmPr *1 lease or unit located
• in the County or Parish of Weld , State of Colorado
en � more particularly described as follows:
O TOWNSHIP 5 NORTH - RANGE 66 WEST, 6th P.M.
o w Section 33: NW/4SW/4
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p OWNER NO. CREDIT TO DIVISION OF INTEREST DECIMAL
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a SEE ATTACHED EXHIBIT "A" FOR DIVISION OF INTEREST
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o u Prepared according to Drilling and Division Order Title Opinion dated February 27, 1991
Z:;. z furnished by Pendleton & Sabian, P.C.
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Effective 8 AM March 1, 1991 , and until further notice, you are hereby authorized to take or retain possession
a of all Gas from said property(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
m • said property(ies) subject to the conditions, convenants and directions set out below:
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cm FIRST:It is understood that the Gas produced from the above-described propertyges)is beirgLsold under that ceftain Gas Pur hase and
• Z Processing Agreement dated August 28 , 19490 between KODerL Gerrity Company
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N r$ as "Seller"and Associated Natural Gas, Inc. as "Buyer", and that all terms and covenants contained therein, and in any amendments,
o • extensions,or renewals thereof shall govern and be binding upon the parties hereto in all respects which shall include.but not be restricted
U K 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
abe 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(es).-
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m o All covenants appearing on the reverse side hereof are incorporated herein by reference and the undersigned agree that each shall be deemed and
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considered an essential part of this division order in like manner and with the same effect as it printed above our signatures.
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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.
Owners Sign Below Taxpayer Identification or
Signatures of Witnessess (Enter Melling Address) Social Security Number
Attest:glieM144 84-6000813
by: / i Address: Weld Cou Board of Commissioners
(Deputy Clerk to t� g/19/
rd Greeley, Colorado 80632 71
Address:
Address:
911007
WHITE-Return toANGI / YELLOW-For your records / PINK-ANGlfile copy ' '
LE0060B
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SECOND:Payments are to be made monthly by checks of Associated Natural Gas,Inc.to be 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($25.00)Dollars 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 sum.The undersigned authorize 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
ea O occupation tax,by any governmental authority,local.state and/or federal,and to pay the same in our behalf with the proceeds so withheld.
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U THIRD: In the event of any adverse claim of title or in the event title shalt not be satisfactory to Associated Natural Gas,Inc.at any time
to during the term of this Division Order,each of the undersigned agrees to furnish complete abstracts of title and other evidence of title
r7 satisfactory to Associated Natural Gas, Inc.and authorizes Associateo Natural Gas, Inc.to withhold payment,without obligation to pay
ointerest on the amount SO-withheld,untii satisfactory indernnily-shall.be-furnisised-to Associated Natural Gas. Inc.against such adverse
claims or any such defects in title,or until title shall be made satisfactory to Associated Natural Gas,Inc..Each undersigned party,as to the
o a 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
try Q severance,to indemnify are save harmless Associated Natural Gas. Inc.against any and all liability for loss,cost,damage,and expense
ix which Associated Naturai Gas,inc.may suffer or incur on account of receiving and paying said party the proceeds derived from the sale of
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said Gas.Where Associated Natural Gas,Inc.:pursuant to the provisions hereof,withholds payment,or any part thereof.each undersigned
O a 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 ali interest and penalties incident thereto.imposeo or assessed against,or paid by it on account of the sum or
M sums so withheld from payment to said art and deduct all such taxes.interest and penalties so aid it from an sums owing b it to said
•• �a p�zr party. P P Y 9 by
party.
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U FOURTH:The unaersigned severally agree ic•notify Associated Natural Gas.inc.of any change of ownership,ano no transfer of interest
.shall be binding upon Associated.d Natural Gas. inc.untii transfer order andzne recordeo instrumentevroencing such transfer,or a certified
N H copy thereof,snail be furnished to Associated Natural Gas: Inc .Transfer of interest shall be maize effective 8 AM on the first day c1 the
calendar month in which pope,notice is received by Associates Naturai Gas.Inc. Associated Natural Gas.Inc.is hereby relieved of any
co E i o responsibility for determining if and when any of the interests he:einabove set forth shall or shoulc revert to or be owned by other parties
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Ix. as a result of the compiet c^ e'oischarge.of money Or other payments troll•said interests. and the signers hereof whose interests are
co affected by such money or other payments. if any. agree to give Associated Natural Gas, Inc. notice in writing by registered letter
r W addressed to Associated Natural Gas. inc..P O Box 5493, Denver, Colorado 80217.Attn: Division Order Department. when any such
t` Ga money or other payments nave veer,completeC or discharged,or wnen any division of interest other than that set forth above shall,for any
Z reason. become effective and to furnish transfer order accordingiy. and that in the event such notice shall not be received,Associated
CV Z Natural Gas.inc.shall be geld narmless in the event of,and is hereoy released from any and all damage or loss which might arise out of.
N any overpayment. ;
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a FIFTH: !1 any portion of*he proceeds derived from.the sale of Gas is subject to refund under any order,rule or regulation of the:Federal
co co Energy Regulatory Comm•s;o-or the provisions of the Natural Gat Act or Natural Gas Policy Act et 197e. Associated Natura Gas Inc
O no may bola without it vies• the nnst,on of tr,c'proceeos subject to refund unless incierrnity satisfactory.to Associated Natural Gas.Inc nas
cni CV been tiir;i*, •r'c,.,et iint:'M.5��,:!�'YiE l,:alura:Gas.Inc.'s refund obligation has beer finally determined if any portion of the proceeds derives
from the sale of Gas !s p;•:;o:er ^y Associated Natural Gas. Inc. under ar.y crae:. rule or regulation of the Federal Energy Regulatory
C k+ Commission or the provis;cr,s of the Natural Gas Act or Natural Gas Policy Act of 1978 Associated Natural Gas. Inc. is authorized to
recover the amount of fne re`:_ir4 ap,plicable tc the interest of each of the undersigned from future payments,or at Associated Natural Gas,
int.'s election,i!may my .:e 'r:c 4r,de'signed Vierefpre.plus the legal rate of irr.crest Associated Naturai Gas.Inc. is or may De reyeeeo to
pay in connection with the undersigned's portion of the refund.
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. SIXTH: fats Jrv,54.1.1 .. „:t:'. ,,;-C.. . . :alio aro°truing upp—. .•aci era. ...'y .:tie.... St.,'i
•• GW;sEr ieforcies v:r,i i• - any of the other nVD4e-nernto::.voeit r.a., siynoo a Ilia.L.oviolu'ss of this Divisror.(ace. c'@ rG
.:„r'. .s. Ci.' �:: , r)•I i':.r �t',a• F..... ..•.. .. .,r'1" . ..• c,.
.`@. ? rLi-C .•ri %e 5, ,— i_.ia:. s1.
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EXHIBIT A
397
OWNER.NO CREDIT TO PERCENTAGE INTEREST
25531 ENERGY MINERALS CORPORATION 7.000000 OI
13055 �OARD OF COUNTY COMMISSIONERS 12.500000 RI
31152 GERRITY OIL & GAS CORPORATION 80.500000 WI
*** 100.000000
100.000000
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A55OCIKTEU NalRAL 645, 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 Division Order or Gas Transfer
Order.
2. Have your signature witnessed by two competent witness .
3. If your name has ehanged due to marriage ur divorce, execute the
Gas Division Order or Gas Transfer Order using your present name
and furnish a copy of the marriage certificaLe 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. Gas Division Orders or Gas 'transfer Ordern fur 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 law provider 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 white copy or the "Original" of the G42 Division Order or Gas
Transfer Order should be returned to:
ASSOCIATED NATURAL GAS, INC.
P.O. BOX 5493
Denver CO 80217
1TSN: DIVISION ORDER DEPARTMENT
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 DIAULDITAQH the Exhibit from the Gas Division Order or
Gas Transfer Order if one is included.
900 REPUBLIC PLAZA • 370 SEVENTEENTH STREET • DENVER,COLORADO 80202 • (303)595-3331 • FAX(303)595-0480
C _ MAILING ADDRESS: P.O. BOX 5493 • DENVER, COLORADO 80217
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EXHIBIT A
397
OWNER.NO CREDIT TO PERCENTAGE INTEREST
25531 ENERGY MINERALS CORPORATION 7.000000 OI
13055 %Sile0ARD OF COUNTY COMMISSIONERS 12.500000 RI
31152 GERRITY OIL & GAS CORPORATION 80.500000 WI
*** 100.000000
100.000000
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