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
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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
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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
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WHEREAS, said Division Order covers land more particularly described as
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Township 2 North, Range 67 West, 6th P.M. r-1 N
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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
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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
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WHEREAS, said Division Order has been reviewed by a member of the Weld
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County Attorney's staff and found to be in order, and p
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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
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DIVISION ORDER - ASSOCIATED NATURAL GAS, INC.
PAGE 2
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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
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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
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County Attorney Gord . ac
W. H. Webster a "
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920038
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=MILS=
(COMBINED CAS AND OIL)
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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
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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:
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Tarnish's. 2 North. Ranee 67 West ~'
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Section 31: NE/410I/4 Z
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production from the Sussex-Shannon formation h7 co
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OWNER NO, CREDIT TO DIVISION OF INTEREST DECIMAL j
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See attached exhibit "A" for ownership listing z
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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
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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
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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
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Address
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Address
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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.
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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
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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�
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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
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39772 DEAN G a KIMBERLY A MIRCOS . 127460 RI
39784 MOUNTAIN STATES TELEPHONE AND .027980 RI
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39826 ALEXANDER J TESONE .027980
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99848 ARMANDO A RUSC:I TT I .061::390 RIrn
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39871 VERNA J LEPORE .242480 RI z
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39RR3 WILLARD N WAYNE .2^'X830 RI T �-
39902 ERIC J TRAYLOR . 149220 RI
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39903 INGERID DITLEV 3 .546990 RI
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39911 DWIGHT D MOLLENDOR .080830 RI r
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39946 PAUL R MORROW . '7'6930 RI
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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"^'
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40338 MICHAEL D HATTEL . 1'24350 RI • n
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40376 LYLE C ALBERT .074610 RI z J
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40411 HOLLY W HALL . 110130 RI [ �'
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40422'. DONALD E JACKSON .0.9470 R I tr.
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40430 MARGARET CERCONE . 152320 R I r N
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40452 SUSIE E DI LULLO . 10r„30i 3 R I �' ••
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40474 JOHN A DIGREGORii_: . 110130 RI
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40493 ROCCO A FIGURILLI .0279»0 RI
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40530 DERYL E COLLIER .074610 R I t7
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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
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40760 MARSHALL A S SHELLY J ELL IS S .087040 RI
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40765 FRANK J AND THELMA S C:IMINO . 177200 RI
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40787 JOHN S GORTON .077720 RI
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40799 GLORIA J S I F'E .074600 RI 00
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40817 PAUL A DIPAOLO . 118130 RI U' o
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408_:5 GENNARO DESANTIS S .059070 RI n a
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40855 ROC:CO V I LLAN I JR .L23520 3520 RI x v,
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40865 RICHARD A EA STON .027980 7980 RI O
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F THOMAS D VILLANI . 152330 RI 414��'. x a
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14630 NORTH AMERICAN RESOURCES 10.470580 WI
COMPANY, INC.
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39457 BASIN EXPLORATION INC 70.908970 WI a
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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
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