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HomeMy WebLinkAbout920040.tiff AR2275834 RESOLUTION RE: APPROVE GAS AND OIL DIVISION ORDER TO ASSOCIATED NATURAL GAS, INC. FROM DACONO OIL 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 m r r WHEREAS, Weld County, Colorado, has received a Gas and Oil Division Order ow to Associated Natural Gas, Inc. , P.O. Box 5493, Denver, Colorado 80217, from a w Dacono Oil Company, and ry� Ton WHEREAS, said Division Order covers land more particularly described as follows: z -1 Township 2 North, Range 68 West, 6th P.M. m co tnw Section 34: SW*SWI Q 'P Weld County, Colorado ccn o y r PI "-- WHEREAS, Weld County is entitled to a one-eighth royalty interest on z N production, and n o C to WHEREAS, in order to receive said royalty interest, Weld County must W execute said Division Order, a copy of which is attached hereto and incorporated r •• herein by reference, and 7y N to n 0 WHEREAS, said Division Order has been reviewed by a member of the Weld d County Attorney's staff and found to be in order, and tri o $r o o WHEREAS, the Board deems it advisable to approve said Division Order on the ry parcel of land described herein. n p r NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld n g County, Colorado, that the Gas and Oil Division Order to Associated Natural Gas, 0 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. 920040 nngn 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 15th day of January, A.D. , 1992. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Cleft.44:0 tnt4 Board l:tat y Geo a Kenned Chairman BY: 'S)�1„C ( / I yErt / ceiL.%'7' / Deputy Clllee `to' the Board Constance L. Harbert, Pro-Tem hi to APPROVED A 0 FORM: 4,39,7-1--(1/ w t.)C. W. Kir i to w x County Attorney Gordofl^/ . ac, � �y/J n {"9�6.W. H. Webster z - tn It co LI co t:] x CA H Z Iv ✓• N x H w x N t+] n 0 CM -In C7 Z O $ O t-I O r r7 n O t) O n O -I 920040 DIVISION ORDER ,= .C (COMBINED CAS AND OIL) .n Iv,' "' n, ft ID: ASSOCIATED NATURAL OAS, MC. ('AMKt') C1_ ASSOCIATED TRANSIORT AND TRADING COMPANY ('ATTCO') GAS A5.016AR Past Office Nom S(93 Deriver, Colorado 17 Oil 50850AR 1102 ATM: Division Order Department Lease No. Date December 10, 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 inters moiftthe f�'�ds derived from the site of Gas end Oil (es more individually defined herein) produced and sawed from the YY lease or unit located in the County or Pariah of Weld State of Colorado tore particularly described as follows: Township 2 North, Range 68 West Section 34: SW/4SW/4 As to production from the Sussex Formation OWNER ND. canny TO _DIVISION Of INTEREST DECIMAL See attached Exhibit "A" for ownership listing • Effective 0:00 A.M. Date of first purchase , and until further notice, you are hereby authorized to take or retain Po of all Gas 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(ies) subject to the conditions, covenants and directions set out below: FIRST: It is 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 , 19_2, between Dacono Oil Company as 'Seller' and ASSOCIATED NATURAL GAS, 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 in all respects which shall include, but not be restricted to, the price to be paid for said Gas and the time when such payments are to be made. At used in this Division Order, the term 'Gas' shall be deemed to include casinghead gas, gasoline and all products which Associated Natural Gas, Inc. may receive and/or recover by processing from Gas produced from wells on said property(ies). 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 banner and with the same effect es if printed above our signatures. The undersigned expressly waive any claim against ANGI and ATTCO for any end elf amounts which may be due us fror others for production prior to the effective date hereof. I Owners Sign Below Taxpayer identification or s ter f t (Enter Mailing Address) Social Security Number TTES • GE _ 84-6000813 K T G Kt;N (HA1 • 01/15/92 BY: WELD COUNTY BOARD. OF COMMISSION S DEPUTY • f E R AddressP.0. BOX 758 GREELEY, CO 80632 B 1323 REC 02275834 01/22/92 15 : 32 $0 .00 3/007 F 1546 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Address Address • 920040 cc- /971)('c.k L7)lctyilp elk gECOD: The lord roil' as used herein shell include, but is not limited to, condensate and all marketable liquid hydrocarbons produced and Saved hereuder, but excluding that recovered Iroe processing of Gas. All Oil received end purchased hereunder shell be merchantable Oil end shell become the property of ATTCO es soon es the Same is received into its Custody or that of any terrier it designates. OTTCO shall rot be expected to receive Oil indefinite quantities, nor for fixed periods, nor to provide storage. THIN: The Oil received end purchased hereunder shell be delivered 1,o,b. to any carrier ATTCO designates which gathers end receives said Oil end ATTCO agrees to pay for such oil to the undersigned according to the division of i herein specified at the price sorted upon between ATTCO and the lease operator. • FOURTH: Quantities of Oil purchased hereunder shall be deterained by the method of measurement end Computation employed by ATTCO or ATTCO'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 reasonably accurate method of measurement and computation. ATTCO shall correct the volume end gravity toe temperature of 600 Fahrenheit and shall 'deduct from such corrected volume the full percentages of basic sediment, water and other impurities 'as shown by its test. ATTCO may refuse to receive any Oil it considers to be not merchantable. FIFTH: Payments are to be lode monthly by Checks of ANGI for Gas end ATTCO for Oil to be delivered Cr mailed to the parties thereto entitled at the add love given, provided that if the amount ui u due any owner is less than Twenty-five end 00/100 Dollars (S2S.00) per month, ANGI or ATTCO, at its N option, may defer the making of such payment until such time as the aggregate amount due exceeds said w sum. The undersigned authorize ANGI and ATTCO to withhold from the proceeds of any end all Gas and Oil referred to herein, the amount of any tax placed thereon, or on the production thereof, including but not limited to any severance, production or occupation tax, by any governmental authority, local, %0 n state and/or federal, and to pay the same in our behalf with the proceeds so withheld. E. . - o - SIXTH: In the event of any adverse claim of title or in the event title shall not be satisfactory to Z N) ANGI or ATTCO at any time during the term of this Division Order, each of the undersigned agrees to ul furnish complete abstracts of title and other evidence of title satisfactory to ANGI and/or ATTCO and nj authorizes same to withhold payment without obligation to pay interest on the amount so withheld, until tY coIA IA satisfactory indemnity shall be furnished to ANG1 and ATTCO. Each undersigned party as to the interest 't' of such party hereunder respectively agrees, in the event suit is filed in any court affecting title MI to said Gas and/or Oit, either before or after severance, to indemnify and save harmless ANG1 and ATTCO to 0 against any and alt liability for loss, cost, damage and expense which ANGI or ATTCO may suffer or incur H N on account of receiving and paying said party the proceeds derived from the sale of said Gas and/or Ctl i Oil. Where ANGI and/or ATTCO, pursuant to the provisions hereof, withholds H Ni each undersigned party from whampayment or any part thereof, Z N) 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 and penalties incident n 1D thereto, imposed or assessed against or paid by them on account of the sum or sums so withheld from ti �' payment to said party and deduct ell such taxes, interest and penalties sot9 ' owing by them to saidparty. affectingpaid undersigned, them from any sums It .suit is filed the fns f the undersigned, written x � notice thereof shall be given ANGI end ATTCO at the above address by the undersigned, together with a certified copy of the complaint or petition filed. If ANG1 or ATTCO are made a R' „ party to such N)proceedings, the undersigned agrees to indemnify same against any judgment rendered therein and to K7 N) reimburse ANG1 and ATTCO for any costs, attorney's fees or other expenses incurred in connection et, therewith. n O SEVENTH: The undersigned severally agree to notify ANG1 and OTTCO of any change ownership 0 transfer of interest shall be binding of andthe and ed t7 wr upon ANGI or ATTCO until transfer order the recorded o instrument evidencing such transfer, or a certified copy thereof, shall be furnished to ANGI or ATTCO. 70 Transfer of interest shall be made effective 8:00 a.m. on the first day of the calendar month in which o proper notice is received by ANGI and ATTCO. ANGI end ATTCO are hereby relieved of any responsibility Cn O for determining if and when any of the interests hereinabove set forth shall or should revert to or ti be owned by other parties as a result of the completion of discharge of money or otherC7 said interests and the signers hereof whose interests are affected by such money or otr payments from payments, o n. 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 o that been completed or discharged, or when any division of interest other than set forth above shall, n 0 0 for any reason, become effective and to furnish transfer order accordingly and that in the event such notice shall not be received, ONG) and ATTCO shall be held harmless in the event of, and are hereby released from any and ell damage or loss which might arise our of any overpayment. Should adjustments be necessary, ANGI end ATTCO shall have rights (but no duty) to set off any and all individual or joint liabilities the undersigned has with same, including but not limited to proceeds from this and other lease interests owned by the undersigned. EIGHTH: If any portion of the proceeds derived from the sale of 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 N 1 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 ANG1's refund t obligation has been finally determined. if any portion of the proceeds derived froa the sale 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. ANG1 and ATTCO are authorized to recover the amount of the refund applicable to the interest of each of the undersigned from future payments (Gas and Oil) or at *NCI's election, it may invoice the undersigned therefor, plus the legal rate of ins ANGI is or may be required to pay in connection with the undersigned's portion of the refund. MIs1IH: If the undersigned is • working interest owner end/or operator, he or she guarantees and warrants that all Gas end Oil tendered hereunder has been or will be produced end delivered in compliance with all applicable federal, state and local laws, orders, rules and regulations. • TENTH: This Division Order shall become valid and binding upon each and every owner above named upon. ' execution hereof by such owner regardless of whether or not any of the other above-named owners,have ( so signed. 1b termination of this Div' ' Order shell be effective without giving thirty (30)'deys prior written,notice. If the provisions of this Division Order are in conflict with the provisions of any oil and gas lease covering the above-described property(ies), the provisions of this Division - Order shall prevail. Each undersigned owner ratifies and confirms his oil and gas lease as being in i full force and effect as of the date hereof. In consideration of the purchase of Gas and Oil hereunder, consent is given ANGI and ATTCO end any pipeline company which fame may cause to connect with the wells • and tanks on said land, to disconnect and remove such pipelines, in case of termination by either ONG] I or ATTCO or the undersigned of any purchases under this Division Order. In the event of conflict between the previsions 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 regulation. EXHIBIT A 45016AR WC OLLEY UN I T 50850AR • OWNER NO CREDIT TO PERCENTAGE INTEREST 28929 PAUL M MERSHON JR .406810 0 I 29031 W G MAC:EY .406810 CI 29627 JOHN H HILL 1 .627250 0 SEPARATE PROPERTY 8: ESTATE 31348 ADOBE RESOURCES CORP 1 .627250 .OI 0o w 1129 WELD COUNTY, .082810 RI • n 0 39760 JAMES R HARR I SON .054260 R I Z z � tzw 39766 TERESA E LOCKMAN .48828O RI cn• o H 39782 GUY H DAVIS .244140 RI H N zN 39797 LILLY R VILLA .019370 RI • u, 39808 ANG IE S GONZALES .096:_ 30 R I • N t=J n 39821 RUTH SMYTH TRUST .488280 RI M xio 39835 DONALD G MANDELKO . 162760 R I tn• o 39847 DAVIS FAMILY TRUST .244140 RI c7 o u, o 39867 TIMOTHY A SAENZ .604690 RI p o ROBERT F MANDELKO . 162760 R I 39938 DAVID ALCALA AND .092190 RI 39952 FRANCES I SULLETT .244140 RI fj BOO1O EXHIBIT A 45016AR WOOLLEY UNIT 50850AR OWNER NO CREDIT TO PERCENTAGE INTEREST 40648 JAMES E GENOFF . 132810 RI 40667 MARY J VILLA .019370 RI M td 40687 THE WCOOLLEY FAMILY TRUST 2. 115890 RI u� w iP t0 40712 ROSARIO CASTILLEJA . 100780 RI 40721 JACQUILLYN M FILLER . 162760 RI zc�v z• C0 t13 C,J 40746 SHIRLEY M MARTINEZ .019380 RI til tn• o H 40771 DOUGLAS D CASTOR . 184380 RI tr H N • N • LO 40785 YSIDRO T CAMACHO .087500 RI N U' 40794 MICHAEL R CAMPBELL .054260 RI � N tI] 40814 ANTHONY C VILLA .019370 RI 0 tzi• -Eft • o 40851 MARY ALICE FILLINGS TRUST .651040 RI tn• o 40861 PATRICIA S FICF;ES .05-1250 RI o• c 409:���r5 JOHN A VILLA .019380 RI n O O 39457 BASIN EXPLORATION INC 83.456870 WI 100.000000 EXHIBIT A 45O16AR WOOLLEY UNIT 50850AR OWNER NO CREDIT TO PERCENTAGE INTEREST 39953 BARRY A BLANCKAERT .53281O RI 39954 JOHNNY L AND JOYCE A MILLER .2OOOOO RI 'TJ bd 39994 ELSIE ISETT TRUSTEE .8O469O RI Ln, nwi aw 4OO15 MARY ALICE BILLINGS 1 .464840 RI n +t 0 • N 4O1O6 ELSIE ISETT TRUSTEE .54O63O RI zz U, P•xi co tliw 4O293 GEORGE R FOREMAN .24414O RI Cn• a y r 4O313 JULIA WILLIAMSON .26563O RI H N zN Pi 4O353 FLORENCE E WILLIAMS .488'28O RI tml ^'x• � N 4O377 UNIFIED PENTECOSTAL LOCAL CHUR . 1OO78O RI 'r w 4O423 HARRY L 8: ELSIE ISETT H I NR I C:HS . 15625O RI t7 70• 0 4O448 PATRICK J : JAN E COTTER .O8221O RI o t1 0 r 4O453 SABINO LONTINE JR . 125OOO RI O -i 4O515 SAL:INO A LONTINE . 156'5O RI p 4O569 LEROY A LONTINE .O8594O RI 4O595 TERRY L AND SHIRLEY M MARTINEZ . 13281O RI 4O6O4 EVELYN F LOCKMAN .3'5520 RI 4O64O LAUREL A KARR . 16276O RI • in51 ASSOCI TED NPTIAAL GlS, INC. INSTRUCTIONS TO ALL INTEREST OWNERS TH Nca BE ALTERED IN ANY WAY Y EXCEPT TO CORRECT SPELL ENCLOSED VI OR ERRORS, UNLE GAS GAS SS UFER ORDER NSD ACOOMPANIED BY DOCUMENTARY EVIDENCE TO SUPPORT THE CHANGE. If your name and interest are correctly shown: 1 . Sign you mite as shown on the Gas Division Order or Gas Transfer Order . 2. Have your signature witnessed by two coepetert 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 mast be executed by all partners or by an authorized partner. A •. certified copy of the instrument giving said partners authority to sign dust be furnished. 7. Should you fail to provide your correct Social Security Number or Tax Identification Number , the law provides that we withhold 20a 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 protpt receipt of production, proceeds . 9. The w`.:te copy or the -Original' of the Gas Division Order or Gas Transfer Order should be returned to: ASSXZIATEL NATURAL GAS, IN:. P.O. BOX 5493 Denver CO 80217 6T16: DIVISION ORDET DEPARTMENT IC. 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 IMH0, DFTA^H the Exhibit iron the Gas Division Order or el-tit/tin Gas Transfer Order if one Is included. ANGI A55OCINTED NATIRAL 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 October 1 , 1991 , Basin Operating, Inc. will become Operator of the wells. 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 20th 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 P & TRADING COMPANY 7 }11 E uct < LA-4-'et Barbara L. Buck Manager, Division Order Department BLB: blg Enclosure 2O0n 900 REFUBUC PLAZA • 370 SEVENTEENTH STREET • DENVER,COLORADO 80202 • (303)595-3331 • FM(303)595-0480 Hello