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HomeMy WebLinkAbout920601.tiff 4R229503? RESOLUTION RE: APPROVE OIL DIVISION ORDER TO 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, has received an Oil Division Order to Associated Transport and Trading Company, P.O. Box 5493, Denver, CO 80217, and WHEREAS, said Division Order covers land more particularly described as follows: Township 5 North, Range 66 West, 6th P.M. Section 21: Ws NE! 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 Oil Division Order to 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. B 1342 REC 02295037 07/10/92 11 : 28 $0 . 00 1/005 F 1864 MARY ANN FEUERSTEIN CLERK & RECnPDER WELD CO, CO 920601 cc P} ( (7 w130ant�� DIVISION ORDER - ASSOCIATED TRANSPORT & TRADING CO. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of July, A.D. , 1992. �n'�/f (// qqq/'''���� BOARD OF COUNTY COMMISSIONERS ATTEST: /vv,�'�'wl /; . WELD COUNTY, COLORADO Weld County Clerk to t e Board Gee” ge Kenn dy, Chairman , BY: Deputy rk to the Board Constance L. Har a t, Pro-Tem APPROVED AS T FORM: EXCUSED C. W. Kirby County Attorney Gor ac 10 tq W. H. Webster B 1342 REC 02295037 07/10/92 11 :28 $0 . 00 2/005 F 1865 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 920601 -ESF:51g OIL DIVISION ORDER TO: ASSOCIATED TRANSPORT& TRADING COMPANY Lease No. 51023 P.O. Box 5493 June 15, 1992 Denver, CO 80217 Date 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 LESSER PM J21-2 lease, located in Weld County, State of Colorado , described as follows: TOWNSHIP 5 NORTH, RANGE 66 WEST Section 21 W/2 NE/4 June 1 , 1992 Effective at 8:00 A.M. , and 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 FOR DIVISION OF INTEREST, SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF 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 I.D. Signs re of Witness Signature of Owner Number ATTEST: 6 84-6000813 C N X L MU) IRMAN, ELD COUNTY COMMISSI a BY: Address P.O. BOX 758 07/08/92 DEPUTY DEPUTY CL'�RK'TO BOAR)) GREELEY, CO 80632 Address B 1342 REC 02295037 07/10/92 11 : 28 $0 .00 3/005 F 1866 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ORIGINAL- Return to ATTCO COPY- for your files - 920601 At, ( / c" 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 hereinspecified 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 byway 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 lathe above signed at the address above stated,provided that if,at any time,the monthly payment due the above signed hereunder shall be less than twenty-five dollars($25.00),you may defer such payment,wiihout 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 or interest in either case.If suit isfiled affecting the interest of the above signed,written notice thereof shall be given you,aline above address by the above signed,together with a certified copy of the complaint or petition f iled.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,atl 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 1342 RFC 02295037 07/10/92 11 : 28 $0 .00 4/005 F 1867 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO , CO iletrZnen do78 EXHIBIT A 51O23 LESSER PM J 21-2 OWNER NO CREDIT TO PERCENTAGE INTEREST 1129 WELD COUNTY 43'''' .O2F;OOO RI 9464 EMHAR I NC: c/.28OOOO RI 11172 PUBLIC: SERVICE CO OF COLORADO . 153OOO RI C/O FUEL RESOURCES DEV CO 31311 HARRIET MARIE LESSER MOINAT NAT 4.640000 RI 31312 KELL I E' JENE RULLA 4.640000 RI FORMERLY KELLIE JENE JOSEPH 31152 GERRITY OIL 8 GAS CORPORATION =,1 .'26'2000 WI 100.000000 P. 1342 REC 05 / 1 28 $0 .00 FWELD CO, CO F 1868 MARY ANN FEUERSTEIN CLERK & RECORDER AMC) A55OCIITED TRANSPORT & TRADING COMPANY June 25, 1992 TO ALL INTEREST OWNERS: Effective June 1, 1992 production, Associated Transport & Trading Company will become the new crude oil purchaser on those certain wells for which Division Orders are enclosed and will be responsible for distributing revenue checks and for ongoing title maintenance. Execute the Division Order/s in accordance with the attached instruction sheet and return to the below listed letterhead address. As an accommodation to owners, revenues will not be placed in suspense. However, should Division Orders not be returned to this office within 30 days, it will become necessary to place funds in suspense. Note that Associated Transport & Trading Company has a $25.00 check minimum. If your monthly revenues do not exceed that amount, no check is issued and the monies remain in a minimum suspense account until the revenues do reach $25.00 or until November 30 each year. We look forward to being of service to you. Yours very truly, ASSOCIATED TRANSPORT & TRADING COMPANY J�Ct f-u_A cam✓ :� �r a_/�-- Barbara L. Buck Manager, Division Order Department BLS:blg Enclosure 900 REPUBLIC PLAZA • 370 SEVENTEENTH STREET • DENVER,COLORADO 80202 • (303)595-3331 • FAX(303)595-0480 MAILING ADDRESS: P.O. BOX 5493 • DENVER, COLORADO 80217 I1ntO ASSOCINTED TRANSPORT & TRADING COMPANY INSTRUCTIONS 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 BY 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. tf 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 law provides that we withhold 20%of all production proceeds due you. You may also by 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 & Trading Company P.O. Box 5493 Denver, CO 80217 Attention: 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 & Trading Co. at (303) 595-3331. 11. Please DO NOT DETACH the Exhibit from the Oil Division Order or Oil Transfer Order if one is included. 900 REPUBUC PLAZA • 370 SEVENTEENTH STREET • DENVER,COLORADO 80202 • (303)595-3331 • FAX(303)595-0480 MAILING ADDRESS: P.O. BOX 5493 • DENVER, COLORADO 80217 Hello