HomeMy WebLinkAbout920118.tiff AR22779L7 RESOLUTION
RE: APPROVE OIL AND GAS DIVISION ORDER TO ASSOCIATED NATURAL GAS, INC. FROM
KCF OIL COMPANY AND AUTHORIZE CHAIRMAN TO SIGN
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WHEREAS, the Board of County Commissioners of Weld County, Colorado,
ti p 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
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0 S WHEREAS, Weld County, Colorado, has received an Oil and Gas Division Order
0 a to Associated Natural Gas, Inc. , P.O. Box 5493, Denver, Colorado 80217, from KCF
fa 51 Oil Company, and
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co a WHEREAS, said Division Order covers land more particularly described as
n' follows:
Township 6 North, Range 66 West, 6th P.M.
N Section 26: SW*
U Weld County, Colorado
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N F WHEREAS, Weld County is entitled to a one-eighth royalty interest on
o production, and
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w WHEREAS, in order to receive said royalty interest, Weld County must
N z execute said Division Order, a copy of which is attached hereto and incorporated
No r herein by reference, and
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x WHEREAS, said Division Order has been reviewed by a member of the Weld
n N County Attorney's staff and found to be in order, and
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as rti 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 Natural Gas,
Inc. , P.O. Box 5493, Denver, Colorado 80217, from KCF 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.
920118
L 6O01O Cc . P4) 6-i (()kat)00iffb)
DIVISION ORDER - ASSOCIATED NATURAL GAS, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on'.the 10th day of February, A.D. , 1992.
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BOARD OF COUNTY COMMISSIONERS ATTEST: /1211,014WELD COUNTY, COLORADO
m O Weld 'task to the Board
U � Geo a Kenn dy, Chairman
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V BY /?'S2414.e.t o
aDgpUt4.C1 t-to the oa Constance L. Harbert, Pro-Tem
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APPROWEDA T 0
o x C. W. Kirb
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County Attorney Gordo . a /J
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W. H. Webster
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920118
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DIVISION O
(COMBINED CAS AND OIL) CC
Tern 3 o. T
TO: AtliOCiATT MAMMAL CAS, INC. ('AMCle)
ASSOCIATED TRANSPORT AHD TRADING COMPANY ('Aitto•)
/bet Office Nor SA% TG 7 i":� , ` - Gas
Denver. toterada tanr17
ATOM Division order tyrrtmest Lease Mo. 50383 - Oil
Date • January 30, 1992
Plant
•
The undersioned, end each of us, certify and guarantee that we are the legal owners of and hereby warrant the title to our
respective int in the proceeds derived from the sate of Gas and Oil fat more individually defined herein) produced end
saved from the Payne 2-26 lose or snit located in the Canty or Parish of Weld
it ( Colorado more particularly described as foliose:
TOWNSHIP 6 NORTH, RANGE 66 WEST, 6th P.M.
Section 26: SW/4
B 1325 REC 02277917 02/12/92 14 : 28 $0 .00 3/005
F 1989 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
puMre NO. (PmIT TO PIvlslret fit )MTERFST prSlNAt
SEE ATTACHED EXHIBIT "A" FOR OWNERSHIP LISTING
Prepared pursuant to revised Division Order Title Opinion dated January 8, 1992
Effective 8:00 A.M. August 1 , 1991 , and until further notice, you arc hereby authorised to take or retain
po ion of ell Gm and Oil 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 thereof from said property(its) subject to the conditions, covenants and directions set out
below:
FIRST: It it understood tdhal the Gas produced from the shove-described property(deg) it being sold
under that certain Gat Purrhate and Processing Agreement dell . 19_ between
KCF Oil Company at *Seller' and ASSOCIATED NATURAL GAS,
INC. as 'Buyer', end that all terms and covenants contained therein, end in any amendments, extensions,
or renewals thereof shall govern end be binding upon the parties hereto in all respects which shall
include, but not be restricted to, the price to he paid for said Gat and the time when such payments
are to he made. As used in this Division Order, the term 'Gas' shall be deemed to include easinghead
gas, gasoline and ail products which Associated Natural Gat, Inc. may receive and/or recover by
processing trot. Gas produced from well, on said properly(les).
All covenants appearing nn 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 sionatures.
The undersigned expressly waive any claim against ANGI and ATTC, for any and all amounts which me
production prior to she effective date hereof. Y be due us Irma others for
Owners Sion Below Taxpayer identification or
Si tar f Y nyt Enter Nailing Mares Social Security Haber
ATTEST: 84-6000813
(;E KhN 1)Y, IAMAN
BY. h WELD COUNTY BOARD. OF COMMISSIONERS
DEPUT LE K TO OARD "whets P.O. BOX 758 02/10/92 •
GREELEY, CO 80632
Address
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Address
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920118
aLCONO: 7f1 word 'Oil' used hereto "hail include, but Is ral I lad to, condensate end ell '-
marketable liquid hydroc_..rwe produced end saved hereunder, but e,._Iutinp that recovered from
processin
g of Gas. All Oil received and purchased hereunder atoll be merchantable Oil end shell become
the property of ATICO as soon at the seer Is received into its custody or that of any terrier it
del ignites. *TM shalt not be expected to receive 011 in definite qu►ntit las, nor for timid periods,
nor to provide storage. .
TNIND: The Oil received end purchased hereunder Pball be delivered f.o.b, to any carrier ATICO
designates which gathers and receives said Oil end ATICO agrees to pay for such oil to the undersigned
according to the division of interests herein specified at the price •greed upon between ATICO end the
tease operator.
O FOURTH: Quantities of 011 purchased hereunder shall be determined by the method of measurement and
o U computation employed by ATICO or ATTCO's agent designated to receive such Oil Including but not by way
,d o of limitation, the gauging of storage tanks Using r
truck gauges, end the tae of meters or tiny otherWreasaularly bly11accurate tank tables,method the
measurement certified
O
U computation. ATTCO shall correct the volume and gravity to a temperature of GO° Tahreneit and shalt
A deduct Iroe such corrected volume the full percentages of basic Pediment, water and other Impurities
A es shown by its test. A11C0 may refuse to receive any Oil 11 considers to be not mere antable.
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0 o g FIFTH: Payments are to be made monthly by checks of ANGI for Gas and ATICO for Oil to be delivered
or malted to the parties thereto entitled at the addresses above given, provided that if the remo
unt
eT W due any owner is lest than Twenty-five end 00/100 (killers ($25.00) per month, ANGI or AIICO, at its
A option, may defer the making of such payment until such lime as the aggregate amount due exceeds said
O
sum. The mien igned authorize FOCI and A11C0 to withhold trot the proceeds of any a
nd all WGat and
Oil referred to herein, the amount of any tae placed thereon, or on the production thereof. including W ai but not Nailed to any severance, production or occupant", tax. by any governmental authority, local,
N state end/or federal, and to pay the same In mgr behalf with the proceeds so withheld.
d' SIXTY: In the event of any adverse claim of title or in the event title shall not be satisfactory to
"-I x ANGI or ATICO at any time during the term of this Dlvisiu, Order, each of the undersigned agrees to
C4 furnish complete omplete abstracts of title and other evidence of title satisfactory to ANGI and/or ATICO and
N 4-1 authorizes same to withhold payment without oil Igel ion to pay interest on the amount so withheld,
U eel l,factory indemnity dull be furnlnhrd to ANGI anal AllCO. until
leech uileiiled party at to the inl tenth
NZ of such party hereunder pet filed eclively turtles, in the event suit is filed in ally court affecting title
N,-11-1 to said Get LW/or Oil, either before or alter severance, to indemnify and say, harmless ANG1 and AT1C0
W against any and ell liability for loss, con. clamour and eepente which ANGI or ATICO may suffer or incur
F won account of receiving and
O paying said party Ihr proceeds derived from the sale of said Gas and/or
CS Oil. Where ANGI and/or ATTCO, pursuant lo the prowl,ions hereof, withholds payment or any part thereof,
W each undersigned party from whom payment Is withheld severally agrees to indemnify and hold ANGI and
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MUD harmless of and from all liability for any Ina, 1
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cm Ga thereto, imposed or assessed against or paid by them lxoe alccount er lof l the nhsun ur sums tt eto Iwithheldf from
f. payment to saidpartyPenalties1 by any
N 2 and deduct all such taxes, interest ad to aid them from sun
NZ Owing by them to said party. 1f .suit it filed effecting the interest of the undersigned, written
N < notice thereof shall be given ANGI and AIICO al the above address by the udersi new, together
O a certified copy of the C Y
�.I
P complaint or petition filed. If ANGI or ATICO n With
U a' proceedings. the undr,slgned suites In. indemnify made a party to such
W <
reimburse ANGI and Al lC0 same ego bosh any J l rendered therein and to
C4 Z therewith.
for any cotta, eltmviry'a lees or other expenses incurred in connect urn ul o SEVEIIT1I: The undersigned severally agree to notify AIIGI and ATICO of any charge of ownership and no
N Ol
el al transfer of interest shall be binding upon ANGI or MIN until transfer order and the recorded
'-'I r-I instrument evidencing loch transfer, or a certified copy thereof, shall be furnished to ANGI or ATICO.
O7 W Transfer of Interest shall be made effective 0;(X) a.m, on the lint day of the calendar month in which
proper notice is received by ANGI and ATICO. ANGI ad ATICO ere hereby relieved of any responsibility
for determining it and when any of the interest, bereinalove set forth shall or should revert to or
he owned by other parties ■s a result of the completion of discharge of money or other payments from
said interests end the signers hereof whose interests are affected by such "army or other payments,
ii any, spree to give ANGI ad ATICO notice in writing by registered letter addressed to ANGI end ATICO
al the slave eddies', directed to Division Order Department, when any tuck 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. ANGI soil AlICO shell hr held harmless in
released frog any and all damage the meant of, d are en
be necester 0 l lug which sigh l arise )at of any set l any overpayment . Should d adjustments
Y. ANGI and MTCO shell have nighoa (Lai no duty)
l iabil ities the undersigned has with tame, including but not olimited l to proceeds
and all individual or other
et
tease interests owned by the udersiuned. from this and
[Mtn: If any portion of the proceeds derived from the sale of Gas it subject to refund under any
order, rule or regulation of the federal Energy Regulatory Commis,ion or the provisions of the Natural
Gas Act or Natural Gas Policy Act of 1970. ANGI may hold without interest the portion of the proceeds
subject to refund unless indemnity satisfactory to Anal fist been furnished, or unlit ANGI's refund
oblige) ion has bran finally determined. II an r'is paid over by ANGI underportionproceeds any order, rule or regulation of the Federal provisions of the Natural Gas Act or Natural Gas Pollcy Act t'of 1970. I ANG aneruy d
Commissionare
authorized to recover the amount of the refund applicable to the interest of each of the undersigned
from future payments (Ges end Oil) or at ANG1's election, it may invoice the udersigned therefor, plus
the legal rate of interest ANGI it or may be required to pay in cornedtion, With the undersigned's
portion of the refund.
NINTH: If the Undersigned is a work lag interest purer end/or operator, he or she guarantees end
warrants that till Gas and Oil tendered hereunder has been or will be produced and delivered in
compliance with all applicable federal, slate sod local taut, orders, rules and regulatiwx,
TIMID: This Division Order shall become valid and binding upon each and every owner above named upon,
execution hereof by such owner rrgardlens of whether or rot any of the other above-named orners.htave
so signed. pp termination of this Division Order shall be effective without giving thirty (30) days
prior written notice. If the provisions of hut Division Order are in conflict with the provision
of any oil and gas lease covering the above-described property(iet), the provisions of this Division
Order that( pievail, tech udersigned owner ratio its and confirm. his oil and gas tease as being in
full force and effect es of the dale hereof. In conaideral ion of th
consent is given ANGI and A7TC0 and any pipeline company whicha may
ahaae of Gas and Oil hereunder.and tanks on said tend, to disconnect ad remove such pipelines. in case of termination by u either ANGI
or ATTCO or the undersigned of any purchase, 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 shall be deemed modified so as to comply with such law or reputation.
•
0701.18
EXHIBIT "A"
Payne 2-26
8/1/91 - 11/1/91 -
1O/31/91 Present
Owner # Owner Division Of Interest
13O47 Payne, Inc. 20. 717320% RI 18. 744230%
'' 13O55 Weld County Board
of County Commissioners 0. 168260% RI 0. 1682607.
34868 Nicholas D. Francis 0.371470% ORRI 1 .029170%
43135 Adam C. Buna 0.371470% ORRI 1 .0291707.
47824 Robert L . Childers 0 .371480. ORRI 1 .029170%
47842 FEI - Payne Joint Venture 78 .000000% WI 78.0000007..
100.0000007. 100.000000%
B 1325 REC 02277917 02/12/92 14 :28 $0 .00 5/005
F 1991 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
9P,01,18
MGI
AS5OCI rD NkTU%4L 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 . Sig, yoar name as shown on the Gas Division 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 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 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 law 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 white copy or the -Original" of the Gas Division Order or Gas
Transfer Order should be returned to:
ASSOCIATED NATURAL GAS, INC.
P.O. BOX 5493
Denver CG 80217
ABS: 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 NO; DfTA^H the Exhibit from the Gas Division Order or
Gas Transfer Order if one 5s included. 92T)118
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900 REPJBJC;WA • 370 SEVENREEN/TH SfEf • DENVER.CO.P20.C 8C232 • (303)59;-3331 • FAX(31E;SoLD:53
MAILING ADDRESS PC BOX 5493 • DENT/ER. CO.ORADO 80217
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