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Home My WebLink About910358.tiff - ,4,1241143113 RESOLUTION RE: APPROVE DIVISION ORDER FROM TOTAL PETROLEUM, INC. 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 from Total Petroleum, Inc., and cn O o U 0 O WHEREAS, said Division Order covers land more particularly described as U follows: 4 a 0 3 Township 2 North, Range 64 West o a Section 30: SW SW h W Weld County, Colorado a 0 U WHEREAS, Weld County is entitled to a one-eighth royalty interest on M production, and ..‘1, a� ax WWHEREAS, in order to receive said royalty interest, Weld County must d execute said Division Order, a copy of which is attached hereto and incorporated \ herein by reference, and M?. O H \W L H o WHEREAS, said Division Order has been reviewed by a member of the Weld W County Attorney's staff and found to be in order, and op �w ow Z WHEREAS, the Board deems it advisable to approve said Division Order on the parcel of land described herein. 0 Ua a NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Division Order as submitted by Total Petroleum, Inc, ON N 515 Central Park Drive, Suite 200, Oklahoma City, OK 73105-1702, on the hereinabove described parcel of land be, and hereby is, approved. aq W BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Division Order. 910358 ao51 Page 2 RE: DIVISION ORDER - 530, T2N, R64W The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of April, A.D. , 1991. ® � J//� ,f BOARD BOARD OF COUNTY COMMISSIONERS ATTEST: �„/t/ /J,��/./ // WELD COUNTY COLORADO Weld County Clerk to the Board Gor L . La# airman By: /�� .� �`/ 5 '� EXCUSED DATE OF SIGNING Deputy Clerk to the Board _, George Kennedy, Pro-Tem In O APPROVED AS FORM: EXCUSED o U Constance L. Harbert N O Q County Attorney C. W. Kirby W o 1 ki �'kiy�� O 3 . . W. H. Webster nW Q a 0 U W In a In ., m o a4 W W a, a m u en z 0 O H 4.1 vii H o ti) % W o D r-1 W o W m vrz N z N 4 O U fk C14 r-- r- m N N m f-1 r-1 W W 910358 - Lease Number 303100 TO:To,O'Petroleum,Inc. DIVISION ORDER CF 515 Central Park Drive Oklahoma City,OK 73105 April 15 19 91 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 as set out below in all oil produced from all wells on the NARCO -- STARKS farm or lease,located in Weld County,State of Colorado ,more particularly described as follows: SW SW of Section 30-2N-64W. Effective 7 a.m.,1st day of March ,19_9],and until further notice,you are hereby authorized to receive, purchase and give credit for all oil received from said property subject to the conditions,covenants and directions following: to O CREDIT TO DIVISION OF INTEREST oU O \ . re,O U CI i_.� See Exhibit "A" Attached for Division of Interest. 03 o . A.Q x O U W tr,a M ..to 01 ox a w ria atU in Z FIRST:The oil purchased in pursuance of this Division Order shall be merchantable and become your property upon delivery thereof to you or to any pipe line designated by you.Quantities of oil run Q. and purchased hereunder shall be computed in terms of 42 U.S.gallons per barrel from regularly compiled tank tables showing the full capacity of the tanks.Corrections for temperature and deductions for 41 dirt,sediment and other impurities are to be made in accordance with your rules,regulations and customs in effect at the time and place of delivery.The oil shall be steamed or treated when necessary to tr,E. render it merchantable. O VI a SECOND:The oil received in pursuance of the Division Order shall be paid for to the party or parties entitled thereto according to division of interests shown above at the price for each day's receipts (It3 posted and upon the basis therein indicated on that day by you for the same kind and quality of oil in the field in which it is received.If it is necessary to transport crude oii hereunder by truck,then,in that Q event,you are authorized to deduct from such price the trucking charges,together with Federal Transportation Tax thereon.Should the oil be sold by you to another purchaser accepting delivery thereof at t—/4.. the lease tanks,settlement thereof shall be based upon the price received by you for such oil and upon the volume computation made by such purchaser.Payments shall be made monthly for oil received and Q(it purchased during the preceding month by your checks delivered or mailed to the respective parties at the addresses stated.However,it is agreed,if the amount payable to any of the undersigned is less than 01 the statutory minimtim sum during a,month,you may withhold payment thereof,without interest,and in lieu of monthly settlement,make payment at such time as a statutory minimum sum has ,If Z accumulated to the credit of the undersigned;provided,however,that settlement shall be made at least once during each calendar year,regardless of the amount which has statutory accumulated to the credit N Z of the undersigned.Pipe line grades and measurements are to govern and control in all settlements,subject to the provisions of price postings above referred to concerning computation of quantities.The N ICC undersigned authorize you to withhold from the proceeds of any and all runs made hereunder the amount of any tax placed thereon,or on the production thereof,by any governmental authority,and to pay O the same in our behalf. V a THIRD:In case of any question,controversy or adverse claim of title which in your opinion adversely affects title to any interest credited hereunder,or in case title shall not be satisfactory to you at any w f.� time during the term of this division order,each of the undersigned agrees to furnish complete abstract of title and other evidence of title satisfactory to you and authorizes you to retain the purchase price of a,g+ the oil without obligation to pay interest on the amount so withheld,until satisfactory indemnity shall be furnished you against such question,controversy,adverse claim or any such defects in title,or until any question,controversy,adverse claim or defect to owners'title is settled to your satisfaction.In the event suit is filed in any court affecting title to oil purchased hereunder,either before or after severance. Ils.OO the undersigned agree to indemnify and save you harmless from any and all costs in connection with such action,including attorneys'fees;and further the undersigned agree to indemnify and save you Oft N harmless and any carrier transporting said oil for your account against any and all liability for loss,cost,damage and expense,including attorneys'fees,which you or the carrier may suffer or incur on N O1 account of receiving,transporting and paying us for said oil. rI r♦ FOURTH:The undersigned severally agree to notify you of any change of ownership and no transfer of interest shall be binding upon you until transfer order and the recorded instrument evidencing it 44 such transfer,or a certified copy thereof,shall be furnished you.Transfers of interest shall be made effective on the first day of the calendar month in which notice is received by you.You are hereby relieved of any responsibility for determining if and when any of the interests hereinabove set forth shall or should revert to or be owned by other parties either as a result of the completion or discharge of money or other payments from said interests,or otherwise;and the signers hereof whose interests are affected by such money or other payments,if any,or by the reversion or change of an interest for any other reason. agree to give you notice in writing by registered letter addressed to you at Oklahoma City,Oklahoma,when any such money or other payments have been completed or discharged or when any other division of interest than that set forth above shall,for any reason,become effective and to furnish transfer orders accordingly,and that in the event such notice shall not be received,you shall be held harmless in the event of,and are hereby released from any and all damage or loss which might arise out of any overpayment.The undersigned hereby further agrees to reimburse you for all amounts incorrectly paid to the undersigned for the above-described property. FIFTH:Working Interest owners and/or Operators who sign this Division Order,and each of them,guarantee and warrant for your benefit and that of any pipeline or other carrier designated by you to run or transport said oil,that all oil tendered hereunder has been and/or will be produced in accordance with applicable laws and/or official rules and regulations. SIXTH:This Division Order shall become valid and binding on each and every owner above named as soon as signed by such owner,regardless of whether or not ail of the above named owners have so signed and shall likewise be binding upon the heirs,personal representatives,successors and assigns of the parties hereto,and the undersigned hereby agree to all the terms and conditions of the Division Order now in effect and force. SEVENTH:You are authorized and directed to deduct operating expenses as furnished by the lease operator from the undersigned's interest.lif same is a participating or pooled working interest),as sct out herein,in the oil produced and saved from the above described lands and remit same to the lease operator.The undersigned will look to the lease operator for detailed statements of all charges and credits of operating expenses at such intervals as agreed upon by the operator and the undersigned working interest owner. SIGN TURE OF WITNESSES SIGNATURE OF OWNERS SOCIAL SECURITY OR r ATTEST: TAXPAYER NUMBER _ �. G�4 .�. ,` WELTegOUN- CLERK TO BOARD GORDON E. LAC , CHAIRMAN �'-.,, 84-6000813 BY: /. ;l 7t, WELD COUNTY BOARD OF �j' RS _ DEPUTY CLERK TO BOARD ADDRESS: P.O. BOX 758 TELEPHONE: GREELEY, CO 80632 (303) 356-4000 IMPORTANT:To avoid delay in payment or tax penalties according to law,you must please show your correct address and your social security number or tax identification number.Individual signatures must be witnessed by two disinterested persons. 91 4)�r�. J41-018 RS/90 QPCO. 358 r l t.r r°s='.- .... 2 EXHIBIT A LEASE NUMBER 303100-0 1991-04-05 INTEREST OWNER NAME AND ADDRESS DECIMAL INTEREST TYPE RUSSELL L. GURTLER, JR. 0.00021550 RI - 7538 WELD COUNTY ROAD 49 HUDSON C080642 COLORADO NATIONAL BANK 0.03112570 RI - REAS EST. TR. ACCT. 10-16594-02 P 0 BOX 5168 T.A. DENVER C080217 U WILLIAM R. GRAYBILL AND 0.00045790 RI - SHIRLEY L. GRAYBILL u 7488 WELD COUNTY ROAD 49 n HUDSON C080642 a ow o � o a EVA M. GURTLER 0.03091020 RI -0- '4 7638 WELD COUNTY ROAD #49 a HUDSON C080642 O U w M CINDY SUE HARTSHORN 0.00462360 RI - `3 8662 VIA COLONIA o a SAN DIEGO CA92126 cn U DOROTHY ELLEN HARTSHORN 0.01387120 RI o H 8440 SHAWNEE TERRACE --" 41 DESOTO KS66018 o Ca x W JESS LEE HARTSHORN 0.00462380 RI ow 8440 SHAWNEE TERRACE c z DESOTO KS66018 N z N Q O U a SHERRY LYNN HARTSHORN 0.00462380 RI - a 17 E 78TH TERR. k. KANSAS CITY M064114 rm 0 N NM 'I H' 0.00796540 RI - w MARATHON OIL COMPANY SUPPLY & TRANSPORTATION P 0 BOX 95558 CHICAGO IL60694 PETER PRESS AND 0.00561600 RI - DANIEL COOPER 22 CRESTMOOR DRIVE DENVER C080220 GEORGE E WALTERS 0.00245910 RI - 12356 WEST 34TH PLACE WHEATRIDGE CO80033 WELD COUNTY BOARD OF 0.00726350 RI COMMISSIONERS 915 10TH ST. GREELEY C080631 AMOCO PRODUCTION COMPANY 0.01016890 ORI - 0 BOX 841521 al.i n.- EXHIBIT A LEASE NUMBER 303100-0 1991-04-05 INTEREST OWNER NAME AND ADDRESS DECIMAL INTEREST TYPE DALLAS TX752841521 MAIN ENERGY, INC. 0.00544700 ORI - P O BOX 4554 DEPT. 1010 HOUSTON TX772104554 MARATHON OIL COMPANY 0.01634100 ORI u1O SUPPLY & TRANSPORTATION 0o C) P 0 BOX 95558 . CHICAGO IL60694 u7 0 U a wNARCO 0.01002560 ORI 0 3 16 EAST GRANITE o a BUTTE MT59701 h(z� 2 O PACIFIC ENTERPRISES OIL 0.01143870 ORI - 41 COMPANY (USA) M P 0 BOX 97915 '• 'b DALLAS TX75397 rn ox a w � U JAMES F. RICHARDSON 0.00544700 ORI - 309 WEST FIRST AVE. o H P. O. BOX 9808 H DENVER, C080209 o to a w o W TXO PRODUCTION CORP 0.00490230 ORI - or=, C/O MARATHON OIL COMPANY P O BOX 880322 N a DALLAS TX753880322 0 ua a4 NARCO 0.68786080 WI - 16 EAST GRANITE c BUTTE Mt59701 01 M (�1 01 ri r-I cow VESSELS OIL & GAS CO. 0. 13461280 WI - SUITE 2000 PRUDENTIAL PLAZA 1050 SEVENTEENTH STREET DENVER C080265 01_335S TOTAL Total Petroleum,Inc. SUITE 200 515 CENTRAL PARK DRIVE OKLAHOMA CITy..OKLAHOMA 73105 I702 " 7 TELEPHONE 405 525-8100 INSTRUCTIONS TO ALL INTEREST OWNERS REFERENCE: Well Name: Starks Lease Number: 303100 Former First Purchaser: Tower Energy Corporation Effective Date: March 1, 1991 (Read carefully before signing the enclosed instrument.) Your check for oil (or condensate) production from the above referenced well will now be issued to you by Total Petroleum, inc. If you were in a "pay" status with the former purchaser, you will remain in a "pay" status with Total Petroleum, Inc. for a 30 day grace period, to allow you time to execute and return the enclosed division order. At the end of 30 days, if your signed division order is not received, your interest will be placed in suspense. If you were in suspense with the former purchaser, you will remain in suspense with Total. We are anxious to open your account for payment and will work with you to do so. Sign your name as shown on the enclosed document. Please type or print your name below your signature together with your current address and social security number or taxpayer identification number. Have your signature witnessed by two people, not related to the party signing. If signing for a partnership, ALL of the partners must sign, unless a specific partner has been given signatory rights. A copy of his authority must be furnished. If signing for a corporation, instrument must be executed by the president or vice-president. The signature MUST be attested, corporate seal affixed and title of the signatory party shown. If the enclosed instrument is signed by an Agent, Guardian, Attorney-In-Fact , Estate Representative, Trustee, or any party other than the named interest owner, evidence of the executory rights of the signatory party must be attached. Please provide your social security or taxpayer identification number. Failure to furnish this number will result in a 207 backup withholding tax in accordance with federal income tax law and may subject to you a $50.00 penalty by the I.R.S. Indicate in the space provided the proper check mailing address. PRINT OR TYPE. If you are already receiving checks from this company, please be certain to use the same address to which we are now mailing checks. The lease number that appears on the enclosed instrument will appear on the detail attached to your check and should ALWAYS be used when corresponding with this company. You should notify us PROMPTLY of any change in your mailing address. This notice must be over your own signature, or the signature of your appointed agent. Always include your owner number (which appears on your check from this company) and your old address . Then state your new address with 'LIP CODE. If the work "suspense" or "requirement" appears next to your interest on the Division Order, you should contact the Operator and take whatever steps are necessary to clear the title problems so the interest can be released for payment. No check will be issued by Total Petroleum, Inc. unless $25.00 or more is accrued for a particular owner number, except in December when checks will be issued regardless of amount. PLEASE USE THE ENCLOSED, SELF-ADDRESSED ENVELOPE AND RETURN THE EXECUTED AND COMPLETED INSTRUMENTS, WITHOUT DELAY, TO THE ADDRESS ABOVE. RETAIN THE EXTRA COPY FOR YOUR RECORDS. Sincerely, Carolyn Frosco Division Order Analyst (405) 557-7037 31JS�� L7,-r.. L- E( '( ;(-'(."-' Hello