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Home My WebLink About931100.tiff RESOLUTION RE: APPROVE DIVISION ORDER TO H & C COLTON 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, has received a Division Order to H & C Colton Company, 1100 N.E. Loop 410 #738, San Antonio, Texas 78209, and WHEREAS, said Division Order covers land more particularly described as follows: Township 5 North, Range 65 West, 6th P.M. Section 34: NE* SWk 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 Division Order to H & C Colton Company, 1100 N.E. Loop 410 #738, San Antonio, Texas 78209, 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. 931100 LE© I73 "(' (4e, r>, DIVISION ORDER - H & C COLTON COMPANY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of October, A.D. , 1993. it,/ , tila.44.,02, (1 A BOARD OF COUNTY COMMISSIONERS ATTEST: /// 1� WEL'COUNTY, COLORADO / >il Weld County Clerk to the Board Q � , n��)/ � `�� n;J� Constance L. HHaa'r ertru , Chairman BY: �+P/I�LAc - i / dLcJDe ut C rk to the Board W. H. Webster, Pro, APPROVED AS TO FORM: � z� - Cr 2Z % /� � G e� Baxte 7 C6unty Ktiey r Dale K. Hall EXCUSED DATE OF SIGNING (AYE) Barbara J. Kirkmeyer 931100 N2357743 Division Order ?LEASE MGR AND RETURN To : H & C Colton Company Date: October 1, 1993 1100 N.E. Loop 410 # 738 Prod Date: May 1, 1993 San Antonio, Tx 78209 The undersigned, and each of them, severally, but not jointly, certify and guarantee that they are respectively the legal owners of and hereby warrant title to their respective interest hereafter set opposite their respective names in the natural gas and oil produced from the H & C COLTON COMPANY'S 11-34 Dos Rios situated in Weld County, Colorado, which covers and includes the following described lands: NE/4 SW/4 Section 34-5N-65W Effective May 1, 1993 at 7: 00 A.M. , being the date of the first production of gas or oil from said unit by you from the property above described under the terms of each of the leases comprising such unit, you or your nominee (being any other purchaser of gas or oil) is authorized to receive and purchase for your own account or sell to others, the gas or oil produced from the well or wells located thereon, giving credit therefor as follows: Credit To Division of Interest See Exhibit "A" The following covenants, stipulations and terms, are a part of this Division Order and shall be binding upon the undersigned, theirs heirs, successors, legal representatives and assigns. I . The unitization of interests and allocation on a surface basis as set forth in said unit, all in accordance with the pooling provisions for gas or oil in each respective lease comprising the unit, are each hereby ratified and confirmed, and the portion of the proceeds attributable to the interest of each of the undersigned shall be that specified in the above referred to Division of Interest. II. All gas or oil run in pursuance of this Division Order shall become your property upon delivery thereof to any pipe line or carrier you may designate. Payment therefor shall be made monthly by checks or drafts to be mailed or delivered to the undersigned at the addresses shown below their signatures hereto. III . Each of the undersigned agrees that his interest in any and all production subject hereto may be charged with its part of any and all production, severance, gathering, excise, sales and other similar or dissimilar taxes, charges or assessments, now or hereafter levied, assessed or placed thereon by any governmental authority. -1- B 1409 REC 02357743 11/02/93 15 :08 $0 . 00 1/005 F 2106 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 931100 H & C Colton Co. Dos Rios 11-34 IV. Each owner agrees to notify you in writing of any change of ownership in his, her or its interests in said production, and the undersigned do hereby relieve you from any responsibility for determining when any of the interest hereinabove set forth shall revert to other parties or diminish or increase as a result of the completion or discharge of any sum of money or other obligations, and each such party whose interest may be so affected agrees to give you notice in writing at your office at the address above indicated when any such change has been accomplished or occurs, and further agrees to furnish you with satisfactory evidence of such change in such ownership, and unless and until such written notice is received by you, you shall be held harmless and are hereby released from any and all causes of action, damages or loss which may arise or result from any overpayment, underpayment, or improper payment. V. By execution of this Division Order each of the undersigned hereby ratifies and confirms the lease hereinabove described and all amendments, renewals, and extensions thereof, covering the land above referred to as now being in full force and effect and binding upon the undersigned, and for the purpose of ratifying and confirming the validity thereof we do no hereby respectfully grant, lease, and let unto said original Lessee, his heirs and assigns, the interest in said production owned by the undersigned for the purpose set out in said original lease. VI. This Division Order shall become valid and binding upon each and every owner above named as soon as signed by him, her, or it, regardless of whether or not any of the other above named parties or owners sign the same or not, and the provisions hereof shall inure to the benefit of and be binding upon the respective heirs, successors, legal representatives and assigns, of each of the parties hereto and shall inure to the benefit of your heirs and assigns. The undersigned hereby release H & C Colton Company as to any claims related to payments attributable to the above interests made prior to the effective date hereof. IN WITNESS WHEREOF, this instrument is executed effective as hereinabove provided: Witnesses/Attest Own rs: Weld County Clerk to Board Weld County Board of Commissioners 10/27/93 By: ID # 84-6000813 Deputy Clerk to Board P.O. Box 758 Address: Greeley. CO 80632 (303) 356-4000 x4225 ID # Address: -2- B 1409 REC 743 F 2107 MARY0ANN7FEUERSTEI / 15 :08 N CLERK & RECORDER WELD CO, CO 931120 :xniblt "A" DIVISION OF INTERESTS: #11-34 Dos Rios Well fcodell and Niobrara formations only) Royalty PHYLLIS S . ARNOLD . 0036298 FREDERICK J . BAUER AND SHARON J . BAUER, AS JOINT TENANTS . 0036298 WAUNETA L . BORESEN . 0038604 PATRICK M. BRADDY AND MARY J . BRADDY , AS JOINT TENANTS . 0055952 PHILLIP E . CAMENISCH . 0092917 DAVID CLAMAN AND BRENDA CLAMAN, AS JOINT TENANTS . 0055352 DOS RIOS, INC. C/O JOYCE ALLELY . 0395440 THOMAS P . DYKSTRA . 0000770 ROBERT N . GUTHRIE AND PAMELA CROSS , AS JOINT TENANTS . 0032457 MIKE R . HAJEK AND JULIE S. HAJEK, AS JOINT TENANTS . 0046550 WILLIAM C . HUMPHRIES AND PATRICIA B. HUMPHRIES, AS JOINT TENANTS . 0013453 ANNA KAMMERZELL . 0092917 SALLEY J . KELLEY . 0018334 JOHN W. MILLS AND CAROLINE R. MILLS , AS JOINT TENANTS . 0024565 CAROLE NIEHAUS . 0062346 ARTHUR L . PIRNIE . 0038604 DICK L . PIRNIE . 0038604 EDWIN PIRNIE . 0038604 GIFFORD A. PIRNIE AND LILLIE J. PIRNIE, AS LIFE TENANTS; GIFFORD PIRNIE, JR. , MONTIE PIRNIE, RICHARD D. PIRNIE, LILLIE J . SCARBOROUGH AND MARILYN SMITH, REMAINDERMEN IN EQUAL SHARES . 0038604 JOANNE PIRNIE . 0062346 PAUL P. SPECK . 0004331 JAMES STRAIGHT . 0062345 RICHARD STRAIGHT . 0062345 WALTER GLENN STRAIGHT . 0062345 WELD COUNTY, COLORADO WELD COUNTY CENTENNIAL CENTER . 0054673 -3- B 1409 REC 02357743 11/02/93 15 :08 $0 .00 3/005 F 2108 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 931120 TED E . AMSBAUGH & CO . . 0000878 JEANNE A. ANDERSON . 0000059 BUDDY BAKER . 0000585 BARRETT RESOURCES CORPORATION . 0000878 BRUCE 0 . BOMHOLT . 0003860 CARL M. BOMHOLT . 0011581 JOSEPH M. CHANDLER . 0020449 VICKI L . CLARK . 0000088 H & C COLTON COMPANY . 0001744 WILLIAM G. CREWS . 0025387 EVELYN L . DUNCAN . 0004771 STEPHEN B . EVANS & CO. . 0000878 DENISE D. HUDDLE . 0010906 T. C. HUDDLE . 0010906 C. NEIL JOHNSON, JR. . 0009543 CHARLES B . McCALEB, TRUSTEE OF THE McCALEB FAMILY TRUST . 0007498 JAMES ADDISON McCALEB . 0004845 JOHN CAMERON McCALEB . 0005226 JOYCE McCALEB . 0002499 EUGENE W. OHLEMEIER . 0003836 C.A. PATCHEN . 0039805 RANCHO PARTNERSHIP, LTD. . 0022734 BARRY L . SNYDER . 0000878 CHRISTINA L . SNYDER . 0000220 MILTON SPENCER . 0016039 DONNA S. BARROW AS TRUSTEE OF NINA SUE STORM 1989 TRUST . 0027266 RICHARD R. STORM . 0027266 LAURENCE N. WATTS . 0000220 FRANK WILSON, III . 0005774 ANNE L . COLTON . 0030546 DOROTHY A. COLTON . 0040729 HOWARD F. COLTON .0030546 FIRST STATE BANK, FOR THE ACCOUNT OF H & C COLTON CO. . 1377432 SMALL BUSINESS ADMINSTRATION FOR THE ACCOUNT OF EATMON WELL SERVICE COMPANY . 0563199 -4- B 1409 REC 02357743 11/02/93 15 : 08 $0 .00 4/005 F 2109 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 93110O JACK McCARTNEY . 0100085 EUGENE W . OHLEMEIER . 0042263 SOCO WATTENBERG CORPORATION . 4284361 FRANK WILSON , III . 1802237 1 . 0000000 B 1409 REC 02357743 11/02/93 15:08 $0 .00 5/005 F 2110 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO -5- 9311°0 Hello