HomeMy WebLinkAbout900150.tiff RESOLUTION
RE: APPROVE ASSIGNMENT OF LEASEHOLD INTEREST AND OIL AND GAS
DIVISION ORDER TO MARTIN EXPLORATION MANAGEMENT COMPANY, P.O.
BOX 298 , BLUE ISLAND, ILLINOIS 60406 , 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, is the holder of a certain
lease, and
WHEREAS, said lease covers land more particularly described
as follows:
Township 2 North, Range 67 West;
Section 13 , N/2 SW/4;
Weld County, Colorado
WHEREAS, Energy Minerals Corporation has assigned its
leasehold interest in said parcel to Martin Exploration Management
Company, and
WHEREAS, Martin Exploration Management Company has submitted
an Oil and Gas Division Order on the subject property, and
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 , the assignment of said leasehold interest and said
Division Order have 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 the
assignment of said leasehold interest and the 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 assignment of
said leasehold interest to Martin Exploration Management Company
be, and hereby is, approved.
900150
Page 2
RE: ASSIGNMENT OF LEASE AND DIVISION ORDER - MARTIN
BE IT FURTHER RESOLVED by the Board that the Oil and Gas
Division Order as submitted by Martin Exploration Management
Company, P.O. Box 298 , Blue Island, Illinois 60406 , 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.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 7th day of
Februrary, A.D. , 1990.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ,ce%d WELD COUNTY, COLORADO
Weld County Jerk and Recorder EXCUSED DATE OF SIGNING - AYE_
and Clerk to the Board Gene R. Brantner, Chairman
TYYwLL-t , \ .�,/c�, u J ge K�hnedy, Pro-Tem
eputy County Clerk
APPROVED AS TO FORM: onstance L. Harbert
EXCUSED DATE OF SIGNING - AYE
C.W. Ki by ,
ounty Attorney
Gor a
900150
OIL AND GAS DIVISION ORDER
Ma�/N DATE:_ December_8,_ 1989 ______
^, AR22Q4879 LEASE NO...___4035 —-----
LEASE NAME: Vollmar #1 $ #2 _
EFFECTIVE DATE: GAS - 11101189
TO: MARTIN EXPLORATION MANAGEMENT COMPANY OIL - 12/01/89
P.O. BOX 298
BLUE ISLAND, ILLINOIS 60406
Each of the undersigned, individually, for themselves, their heirs, successors, and assigns,
hereby represents, warrants, and guarantees to Martin Exploration Management Company (hereinafter
referred to as the "Company'), its successors and assigns, that the undersigned is the legal owner
of the decimal interest, as set forth below opposite each undersigned's name, in the proceeds from
all oil, condensates, and natural gas which may be produced from or allocated to the
following-described area or well located in the County of Weld , State of
_ Colorado , and more particularly described as follows:
Township 2 North, Range 67 West
Section 13: N/2 SW/4
Commencing on the effective date hereof, the Company is hereby granted and authorized to take
and receive all oil, condensates, and natural gas which may be thereafter produced from the
above-described area or well and, subject to the other terms and conditions hereof, to give credit
therefor to the undersigned in accordance with the division of interest schedule as follows:
•
CREDIT TO ADDRESS DECIMAL INTEREST
FOR DIVISION OF INTEREST SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
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Additionally, in consideration of the wells drilled or to be drilled on the above-described
A lands and the payment to the undersigned of royalties on production from said wells,the undersigned
C4 agree, grant, and represent to and with the Company as follows:
1. Oil (including crude oil and condensate) shall become the property of the
N a thereof upon its delivery to theP P r purchaser
purchaser or to the purchaser's agent or carrier, and payments
Oil shall
tT hereunder shall be based upon the net price received therefor from the purchaser. Oil shall be
*anti graded and measured in accordance with applicable rules, regulations, or standards generally
O accepted in the industry. In the event that the Company is the
~ therefor snail be based upon the Company's P y Prr oil in theo i w settlements
Pif od o price for similar oil fied wher oshall
and in effect on the date cf delivery, or if no posted price is then in effect, settlements shall
O a be based upon the then prevailing market price on the date of delivery thereof in the field where
U produced. If the oil is purchased by the Company and resold to another purchaser accepting
delivery thereof on the premises, settlements hereunder shall be based on the net price received
o M therefor by the Company. The Company may deduct from any price received for the oil the reasonable
W costs of transporting and/or treating the same if incurred.
N [-�
o to 2. Natural gas, including casinghead gas if marketed with gas well gas, shall be delivered
and sold to and become the property of the pipeline company to whom the gas is agreed to be sold by
the Company. Settlements to the undersigned shall be based upon the terms, conditions, and prices
N W for said gas as agreed to with the pipeline company less any costs of treatment, compression,
0044 transmission, or dehydration thereof which are paid by the Company.
N z 3. Oil and natural gas produced and sold from the premises is or may become subject to
N Z orders of certain regulatory authorities who could vary the terms of any agreement for the
production or sale thereof. To the extent that such orders do modify or change current sales or
>4 production arrangements, the provisions thereof-, as well as the provisions hereof, shall be so
Li g modified accordingly.
a 4. Settlements hereunder for oil and gas- shall be made monthly by the Company mailing or
N O delivering its check to the undersigned at the address indicated in an amount, less taxes required
u1 O to be withheld, calculated in accordance with the schedule of interest as herein contained.
N en Settlements snail be mailed no later than the 25th day of each month for oil and/or gas taken or
,-I sold during the second preceding calendar month. If at any settlement date the amount payable to
any of the undersigned shall be less than 25 Dollars 25 Company payment and
� , the Com an may defer such D7 W make payment when such settlement amount has accumulated to 25 Dollars (p25) but, in any event,
not less than annual intervals.
5. The undersigned individually warrant that they ere the owner of their respective interest
as herein set forth and that in the event of an adverse claim made thereto or in the event
ownership of the undersigned's interest is not substantiated by record examination, the Company may
retain any and all settlements due therefor, without interest, until such claim or ownership of the
interest is settled, fully adjudicated or otherwise determined, or until the Company is adequately
indemnified therefor by the parties claiming such interest. The Company may, at any time, require
the undersigned to furnish proof of its title to its interest, including abstracts of title or
other pertinent records or documents.
6. The undersigned shall notify the Company of any change in the ownership of their
interest, and the Company shall not be liable for, nor shall it be required to recognize, any
change in ownership unless and until the Company shall actually receive a certified copy of the
instrument changing such interest and the transferee thereof executes and returns to the Company
such transfer order or amended division order as the Company may reasonably require. In no event
shall the Company be required to give effect to any change of interest of the undersigned prior to
the first day of the calendar month next following the month in which the Company is notified of
such change, regardless of the effective date of the instrument transferring the same. q
900150
7. The undersigned h.. :by represent, grant to, and agree w. . the Company that the interest
of the undersigned and of the Company in and to the oil and gas which has or which may be produced
from the premises is in full force and effect and that all payments required to be made and all
acts required to be done by the Company with respect thereto have been performed. The undersigned
hereby releases the Company from any and all claims and damages arising from the purchase and
handling of oil or gas from the premises and for making any payments for settlements so long as the
same are made in accordance with the terms of the division of interest schedule set forth below.
8. In the event that the area or well described above, or any part thereof, is included in
one or more pooled or unitized units now or hereafter formed by order of any appropriate
governmental authority by agreement or otherwise, the undersigned and the Company recognize and
agree that settlement for oil and gas shall be made in accordance with the production allocated to
the premises above described without the necessity for the execution of additional or supplemental
division orders. To the extent that the premises as described above constitute a previously pooled
or unitized area, the same is hereby ratified.
9. The provisions hereof shall be binding upon and inure to the benefit of the Company and
the undersigned, their respective heirs, successors, administrators, and assigns. No change in the
ownership of any interest herein described shall have the effect of changing the binding nature
hereof. This instrument may be executed in counterparts with each counterpart considered to be a
binding agreement of the signatories thereto; and all counterparts, as executed, shall be
considered to be one instrument.
10. Should it be determined from time to time by the courts, any governmental agency having
jurisdiction, or the Company and the purchaser of production, that the prices or allowances, if
any, being paid to the Company and the amounts being disbursed to the undersigned are in excess of
rf lawful prices or prices agreed to with the oil or gas purchaser, and a refund is then required, you
O U agree to promptly refund such excess amounts so paid to you, including interest thereon, if
O required. Additionally, the Company shall have the right to recover such excess amounts out of
future settlements hereunder to which you are entitled.
NO
WHEREFORE, the undersigned have executed this Division Order in acknowledgment and consent to
the foregoing terms, warranties, and agreements.
a
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• WWITNESS SIGN BELOW: OWNER SIGN BELOW: SS NO. OR TAX ID NO.
W
County of Weld, Board of
O By sinners 84-6000813
eount ommis N t4-4 V'
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l P.C "! C+L ame: Gene R. Brantner
x R . � '1. � Title: Chairman
_ _ ' „ "' /2' ' P.O. Box 758
O '"'M Greeley, CO 80632
co
002
OH TO AVOID - IN PAYMENT, YOUR CURRENT ADDRESS AND YOUR SOCIAL SECURITY NUMBER OR TAX
N E ACCOUNT NUMBER MUST BE SHOWN
O u)
STATE OF )
O SS
N W COUNTY OF l
CO W
Z The foregoing instrument was acknowledged before me, a Notary Public, this day of
CV , 19 by
N ft Witness my hand and official seal.
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aMy Commission Expires: Notary Public
N
N n
N r+1 Address of Notary
0.l Ly STATE OF_ l
SS
COUNTY OF l
The foregoing instrument was acknowledged before me, a Notary Public, this day of
, 19 , by
Witness my hand and official seal.
My Commission Expires: Notary Public
Address of Notary
CORPORATION ACKNOWLEDGMENT
STATE OF l
SS
COUNTY OF l
BEFORE ME, the undersigned, a Notary Public in and for said county and state, on this day
personally appeared , known to me to be the person and
officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same
was the act of the said , a corporation, and
that he executed the same as the act of such corporation for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN under my hand and seal of office this the day of , A.D.,
19
My Commission Expires: Notary Public
020785 Address of Notary 900150
EXHIBIT " A -
VOLLMAR #1
VOLLMAR #2
TOWNSHIP 2 NORTH, RANGE 67 WEST
SECTION 13: N/2 SW/4
DIVISION OF
CREDIT TO ADDRESS INTEREST TYPE
Everett Chavez and 5129 Logan 0. 0001359 RI
Frances Chavez JT Denver, CO 80216
Ronie Trujillo 8175 City View Dr. 0.0004109 RI
Denver, CO 80229
*+] bd
Ben Lucero and Augustina 11445 Weld County Rd. 20 0.0004703 RI w
Lucero JT Fort Lupton, CO 80621 ("
(11
?1
Thomas H. Connelly 810 Midland Savings Bldg. 0.0000140 ORRI n
Denver, CO 80202 • 0
� N
z N
20
Jack W. Eastman 2987 Routt Cr. 0. 0523438 RI ►>fao
Lakewood, CO 80215
t �
CO 0
Sylvia H. McCracken 1680 6th Street #4 0.0001750 RI
Boulder, CO 80302 z CO
n c
Rosie Vargas 11327 Weld County Rd. 20 0. 0178114 RI tv
t
Fort Lupton, CO 80621
Leo Vargas 11301 Weld County Rd. 20 0. 0178113 RI ".1
Fort Lupton, CO 80621
O
v
is
Lucio Vargas & Ebelia 1914 109th Ave. 0 .0178113 RI %no
Vargas JT W/R/O/S Oakland, CA 94603 00
Pedro M. Rojas 11440 Weld County Rd. 20 0.0178113 RI o w
Fort Lupton, CO 80621 •
0
n o
o w
Amoco Production Co. Drawer A 0. 0542616 ORRI
Denver, CO 80291
County of Weld Board 915-10th Street 0.0002188 RI
of County Commissioners Greeley, CO 80631
Martin Exploration P.O. Box 298 0.8207244 WI
Management Company Blue Island, IL 60406
1 .0000000
9A, 0150
_ ,�!4
CT ) MARTIN EXPLORATION MAN
AGEMENT COMPANY
December 12, 1989
RE: Energy Minerals Corporation
Operated Wells in Weld County
and Adams County, Colorado
Dear Interest Owner :
Please be advised that effective July 1 , 1989, Energy Minerals
Corporation has sold, conveyed, and assigned all of its interest in
the various Weld and Adams County properties to Martin Exploration
Management Company (MEMCO) . To assure timely and uninterrupted
royalty payments to all interest owners, Energy Minerals has disbursed
through October, 1989, natural gas sales and Total Petroleum, Inc.
through November, 1989 crude oil sales. However, for November, 1989
gas sales and December, 1989 crude oil sales, and thereafter, you will
receive your royalty check directly from MEMCO as the new operator of
the subject properties. The first MEMCO check issued on these
properties will be approximately January 22, 1989.
Before funds can be released, the following is needed for the
enclosed Division Orders :
1. Your signature on the reverse side of the Division Order.
2. Your signature must be witnessed.
3. The Division Order must be notarized, i . e. , signed in the
presence of a notary public.
4. Your Social Security number or Tax I . D. number must be listed
next to your name on the Division Order.
5. If your mailing address shown on the Division Order is
incorrect, please indicate your proper mailing address.
Upon completion of the above items, please return one copy of the
executed Division Orders for the well to the following address. The
extra copy may be retained for your files.
Martin Exploration Management Company
Attention: Land Department
P. O. Box 298
Blue Island, Illinois 60406
4501 W. 127th ST., ALSIP, IL 60658 • P.O. BOX 298, BLUE ISLAND, IL 60406 - (708) 385-6500
900150
December 12, 1989
page 2
Upon receipt of the executed Division Order, funds will be
released. Please be advised that royalty checks are written on
approximately the 22nd of the month and include payment for Division
Orders received and processed by the 15th of the month.
Should you have any questions concerning the division order,
please contact Rebecca Morrane at the address or phone number listed
below. Questions concerning royalty checks should be directed to
George Musil , at the same address and phone number.
Very truly yours,
Martin Exploration Management Company C,110-1VGeorge E. Stankiewicz
Manager, Contract Administration
GES : rm
Enclosures
• • * PLEASE DO NOT DETACH EXHIBIT "A" FROM THE DIVISION ORDER • • *
9 :0150
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