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HomeMy WebLinkAbout920038.tiff 4R2275835 RESOLUTION RE: APPROVE GAS AND OIL DIVISION ORDER TO ASSOCIATED NATURAL GAS, INC. FROM DACONO OIL COMPANY AND AUTHORIZE CHAIRMAN TO SIGN niW WHEREAS, the Board of County Commissioners of Weld County, Colorado, ho-CW pursuant to Colorado statute and the Weld County Home Rule Charter, is vested I, u, with the authority of administering the affairs of Weld County, Colorado, and to 7Jn WHEREAS, Weld County, Colorado, has received a Gas and Oil Division Order oN to Associated Natural Gas, Inc. , Post Office Box 5493, Denver, Colorado 80217, z Nj from Dacono Oil Company, and N M W taw Q � WHEREAS, said Division Order covers land more particularly described as m o follows: H � to Township 2 North, Range 67 West, 6th P.M. r-1 N 2 N Section 31: NE*NW'-e-e n Weld County, Colorado P WHEREAS, Weld County is entitled to a one-eighth royalty interest on Q, w production, and n O WHEREAS, in order to receive said royalty interest, Weld County must execute said Division Order, a copy of which is attached hereto and incorporated � o herein by reference, and o trio C 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 p 0 no WHEREAS, the Board deems it advisable to approve said Division Order on the 0 '1 parcel of land described herein. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Gas and Oil Division Order to Associated Natural Gas, 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. 920038 I OCR 7 _c. ' l LNG drii /✓L? C (L DIVISION ORDER - ASSOCIATED NATURAL GAS, INC. PAGE 2 R] The above and foregoing Resolution was, on motion duly made and seconded, r adopted by, the following vote on the 15th day of January, A.D. , 1992. Ul N N W t BOARD OF COUNTY COMMISSIONERS Py ATTEST: / WELD COUNTY, COLORADO n Weld County Clerk to the Board b George Kenn dy, Chairma z BY: L?,/Lt' ��y 1L / ) Wen./ �w ivwlt 2 n-41,<� h7 NJ CO Deputy C1 k to the Board 'Constance L. Harb rt, Pro-Tem • u' APPROVED AS T ORM: t C. W. Kirb H • N n County Attorney Gord . ac W. H. Webster a " w to a n O [P• to • O < trio d 0 O 0 C7 o 0 ,- 920038 , =MILS= (COMBINED CAS AND OIL) TU , TO: ASSOCIATED ITNIRAL CAS. INC. ('ANTI') ASSOCIATED TSANS►ONT AND TIDING COMPANY ('ATTCD') Post Office Son S495 Darwrer. Colored* 1217 Gas 45016AD ATTN: Division Order Department Lease No. Oil 50850AD Date November 27, 1991 Plantoitt r H The undersigned. end each of us, certify and guarantee that We are the lapel owners of and hereby warrant the title to our ul t^' respective interests in the proceeds derived from the sale of Gas and Oil (es more individually defined herein) produced end w w saved from the Frederick Unit D lease or unit located in the County or Parish of Weld State of CO20raa0 more particularly described as follows: xn Tarnish's. 2 North. Ranee 67 West ~' 0 yN Section 31: NE/410I/4 Z Z As to co production from the Sussex-Shannon formation h7 co u, - Q Cu, to OWNER NO, CREDIT TO DIVISION OF INTEREST DECIMAL j tr. -- H N) See attached exhibit "A" for ownership listing z n w t' N) tr 7• r w Effective 8:00 A.M. nate of Pirmf o.,rrhnna , end until further notice, you are hereby authorized to take or retain Po ion of all Gas and Oil froe said property(iec) on and after the effective day and to give credit as set forth above for n all proceeds derived free the sale thereof from said property(ies) subject to the conditions, covenants and directions set out below: Cy nos • O FIRST: It is understood that the Gas produced from the above-described property(ies) is being sold O under that certain G:: Purch:se and Processing Agreement dated November 1 . 19_11 between tr7 p Dacono Oil Company as "Seller' and ASSOCIATED NATURAL GAS, t" INC. as 'Buyer', and that alt terms and covenants contained therein, and in any amendments, extensions, or renewals thereof shall govern end be binding upon the parties hereto in ell respects which shall n O W include, but not be restricted to, the price to be paid for said Gas and the time when such payments are to be made. As 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 0 o f processing free Gas produced fro* wells on said property(ies). All covenants appearing on the reverse side hereof are incorporated herein by reference end 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 expresil-y waive any claim against ANGI and ATTCO for any and all amounts which may be due us froa others for production prior to the:iffective date hereof. -�� Owners Sign Below Truarayer identification or Si. et fA11;c Enter Nailing Addr s) Social Security limber ATTEST: �( f, /`I , _ 84-6000813 K Ti l jial rid EORGE KENN Y, CHAIRMAN 01/15/92 • • /-��! �� ./` WELD COUNTY BOARD OF CQ u SSIONE' D PUT C E' a THE .a Address P.O. BOX 758 GREELEY, CO 80632 • Address • Address • 9200311 SEWN: The word •Oil' as used herein shall include, but is not limited to, condensate and all marketable liquid hydrocarbons produced and saved hereunder, but excluding that recovered from processing of Ws. All Oil received end purchased hereunder shall be merchantable Oil end shell become the property of ATTCO as soon as the same is received into its custody or that of any carrier it designates. ATTCO shall not be expected to receive Oil in definite quantities, nor for fixed periods, nor to provide storage. TNIID: The Oil received end purchased hereunder shall be delivered f.o.b. to any Carrier ATTCO designates which gathers end receives said Oil and ATTCO agrees to pay for such oil to the undersigned according to the division of interests herein specified at the price agreed upon between ATTCO and the lease operator. FOURTH: Quantities of Oil purchased hereunder shall be determined by the method of measurement and computation employed by ATTCO or ATTCO's agent designated to receive such Oil including but not by coy of limitation, the gauging of storage tanks using regularly compiled tank tables, the we of certified .,. _ , truck gauges, and the use of meters or any other reasonably accurate method of Measurement and Cavitation. ATTCO shall correct the volume and gravity toe temperature of 600 Fahrenheit and shall , deduct from such corrected volume the full percentages of basic sediment, water end other impurities as shown by its test. ATTCO may refuse to receive any Oil it considers to be not merchantable. H FIFTH: Payments are to be made monthly by checks of ANGI for Gas and ATTCO for Oil to be delivered 01 CO or mailed to the parties thereto entitled at the sold above given, provided that if the amount U' due any owner is less than Twenty-five and 00/100 Dollars ($25.00) per month, ANGI or ATTCO, at its option, may defer the making of such payment until such time as the aggregate amount due exceeds said sum. The undersigned authorize ANG1 and ATTCO to withhold from the proceeds of any and all Gas end 7d Oil referred to herein, the amount of any tax pieced thereon, or on the production thereof, including sC but not limited to any severance, production or occupation tax, by any governmental authority, local, O state and/or federal, and to pay the same in our behalf with the proceeds so withheld. Z t SIXTH: In the event of any adverse claim of title or in the event title shall not be satisfactory to Z ton ANGI or ATTCO at any time during the term of this Division Order, each of the undersigned egrets to fro, co furnish complete abstracts of title and other evidence of title satisfactory to ANGI and/or ATTCO and 0 O1 authorizes same to withhold payment without obligation to pay interest on the amount so withheld, until t[=1 satisfactory indemnity shall be furnished to ANGI and ATTCO. Lech undersigned party as to the interest of such party hereunder respectively agrees, in the event suit is filed in any court affecting title y off to said Gas end/or Oil, either before or after severance, to indemnify end save harmless ANG1 and ATTCO t9 against any and all liability for loss, cost, damage and expense which ANG1 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 -Z-• h Oil. Where ANG1 and/or ATTCO, pursuant to the provisions hereof, withholds each undersignedindemnify or any part ANGIeand p party from whoa payment is withheld severally agrees to fndeeify and hold ANGI end r N ATTCO harmless of and from ell liability for any tax, together with all interest end penalties incident t9 thereto, imposed or assessed against or paid by them on account of the sun or sums so withheld from NH payment to said party and deduct all such taxes, interest and penalties so paid by them from any sums to owing by them to said party. If .suit is filed affecting the interest of the undersigned, written R'' •• notice thereof shall be given ANGI and ATTCO at the above address by the undersigned, together with • certified copy of the complaint or petition filed. If ANGI or ATTCO are made a proceedings, party to such ty p rags, the undersigned agrees to indemnify same against any judgment rendered therein and to n reimburse ANGI and ATTCO for any costs, attorney's fees or other expenses incurred in connection O therewith. ry� 0 t+7 fn SEVENTH: The undersigned severally agree to notify ANG1 and ATTCO of any change of ownership and no 70 O transfer of interest shall be binding upon ANGI or ATTCO until transfer order and the recorded E o instrument evidencing such transfer, or a certified copy thereof, shall be furnished to ANGI or ATTCO. ty o Transfer of interest shall be made effective 8:00 a.m. on the first day of the calendar month in which proper notice is received by ANGI and AT7C0. ANGI and AT7C0 are hereby relieved of any responsibility V for determining if and when any of the interests hereinabove set forth shall or should revert to or be owned by other parties es a result of the completion of discharge of money or other payments from O said interests and the signers hereof whose interests are affected by such money or other payments, if any, agree to give ANSI 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 p o 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 and ATTCO shall be held harmless in the event of, and are hereby released fro, an) and all damage or loss which might arise out'of any overpayment. Should adjustments be necessary, ANGI and 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 Natural 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 ANGI's refund obligation has been finally determined. If any portion of the proceeds derived from 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. ANGI and ATTCO are authorized to recover the amount of the refund applicable to the interest of each of the undersigned from future payments (Gas end Oil) or at ANGI's election, it may invoice the undersigned therefor, plus the legal rate of interest ANGI is or may be required to pay in connection with the undersigned's portion of the refund. NINTH: if the undersigned is a working interest owner en'd/or operator. he or she guarantees and warrants that all Gas and 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. 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. No termination of this Division Order shall be effective without giving thirty (30)`days 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 pas lease as being in 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 and any pipeline company which same may cause to connect with the wells and tanks on said land, to disconnect and remove such pipelines, in case of termination by either ANG1 or ATTCO or the undersigned of any purchases 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 regulation. • 070013 EXHIBIT A 45016AD FREDERICK UNIT /D/ 50850AD OWNER NO CREDIT TO PERCENTAGE INTEREST 1129 WELD COUNTY '- .425890 RI 39768 ORVILLE A NEWTON . 118130 RI 39770 L H AND ELAINE KOOLHOF .074610 RI r r w L11N U'1 39772 DEAN G a KIMBERLY A MIRCOS . 127460 RI 39784 MOUNTAIN STATES TELEPHONE AND .027980 RI z z -� 39826 ALEXANDER J TESONE .027980 RI h] co m w C � tr 99848 ARMANDO A RUSC:I TT I .061::390 RIrn can c y r !v 39871 VERNA J LEPORE .242480 RI z ti J tr) 39RR3 WILLARD N WAYNE .2^'X830 RI T �- 39902 ERIC J TRAYLOR . 149220 RI r O 39903 INGERID DITLEV 3 .546990 RI x-i G � O 39911 DWIGHT D MOLLENDOR .080830 RI r o 39946 PAUL R MORROW . '7'6930 RI c C G O 39969 ARILD LD DITLEV 3.546990 RI =:9989 CARROLL S AND C:ORDEL I A KNCIOF' .015540 RI 39995 WILLIAM R a ALICE D WILCOX .071500 RI 40257 NANCY JOHNS .059060 RI EXHIBIT A 45016AD FREDERICK UNIT /D/ 50850AD OWNER NO CREDIT TO PERCENTAGE INTEREST 402:96 TOWN 0 FREDERICK .0;_7040 RI 40300 RICHARD A WELLS . 110120 RI 40312 GATETANA DISALLE .'205170 RI V"^' t11 N rnw 40338 MICHAEL D HATTEL . 1'24350 RI • n • 0 40376 LYLE C ALBERT .074610 RI z J trw 40411 HOLLY W HALL . 110130 RI [ �' ti cr) H I.- 40422'. DONALD E JACKSON .0.9470 R I tr. H 'Z' n lD 40430 MARGARET CERCONE . 152320 R I r N tzl � 01 40452 SUSIE E DI LULLO . 10r„30i 3 R I �' •• w 7C to 40474 JOHN A DIGREGORii_: . 110130 RI qo 0 40493 ROCCO A FIGURILLI .0279»0 RI o tin 40530 DERYL E COLLIER .074610 R I t7 O rn 40546 FAYE JAC:ORETTA .i 374r�.i si 3 R I p 4O5r_•c WILLIAM F' FLYNN .074600 RI 40603 MARY C I C:C:ARELL I . 1'24350 R I 40670 JOSE A CHAVEZ .i 9_•;60 RI 40722 ALAN D W I LSON .077720 R I EXHIL-;I1 A 45016AD FREDERICK: UNIT /D/ 59850AD OWNER No CREDIT TO PERCENTAGE INTEREST 40738 STELLA R EURCH .02798(1 RI Ito 40760 MARSHALL A S SHELLY J ELL IS S .087040 RI cn w Vt �] W 40765 FRANK J AND THELMA S C:IMINO . 177200 RI to Ton 40787 JOHN S GORTON .077720 RI � N t•.) Lri 1-11 40799 GLORIA J S I F'E .074600 RI 00 taw C to tri 40817 PAUL A DIPAOLO . 118130 RI U' o ►- tr H N N 408_:5 GENNARO DESANTIS S .059070 RI n a t-' N Cr' 40855 ROC:CO V I LLAN I JR .L23520 3520 RI x v, w 40865 RICHARD A EA STON .027980 7980 RI O n 0 F THOMAS D VILLANI . 152330 RI 414��'. x a o t=; o 14630 NORTH AMERICAN RESOURCES 10.470580 WI COMPANY, INC. o � 39457 BASIN EXPLORATION INC 70.908970 WI a no o 9886 RAY K & MARY F DAVIS 1 .846050 WI 39903 INGERID I D DITLEV 2.458970 WI 39969 ARILD LD DITLEV 2.458970 WI 40411 HOLLY W HALL .043520 WI 100.000000 AN31 A55OCI 7D WPM 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 . Sign your nacre 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 subiect to a further penalty levied by the Internal Revenue Service. 6. Your correct mailing address should be noted in the space provided to insure prat,'t receipt of production proceeds . 9. The w`.ite copy or the "Original' of the Gas Division Order or Gas Transfer Order should be returned to: ASSX:1ATEi' NATURAL GAS, IN:. P.O. BO}: 5493 Denver CO 80217 Ail: DIVISION ORDER DEPARTMIN 1C•. 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 IP NOT DETACH the Exhibit from the Gas Division Order or t'p PQ 's;'; Gas Transfer Order if one Is included. ANGI ASSOCIPTED NtT1R41645, 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 & TRADING COMPANY LitiAtAti. cLet-AL_ Barbara L. Buck Manager, Division Order Department BLB:blg Enclosure ono PFPUBUC PLAZA • 370 SEVENTEENTH STREET • DENVER,COLORADO 80202 • (303)595-3331 • FM(303)595-0480 Hello