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HomeMy WebLinkAbout930056.tiff AR23195D6 RESOLUTION RE: APPROVE DIVISION ORDER WITH NATIONAL COOPERATIVE REFINERY ASSOCIATION AND v O AUTHORIZE CJ-IAIRMAN TO SIGN 00 O 'H▪ O U WHEREAS, the Board of County Commissioners of Weld County, Colorado, O pursuant to Colorado statute and the Weld County Home Rule Charter, is vested W with the authority of administering the affairs of Weld County, Colorado, and oo o : • W WHEREAS, Weld County, Colorado, has received a Division Order with National WCooperative Refinery Association, P.O. Box 1404, McPherson, Kansas 67460-1404, O and W ✓ a 0 11/4o ° WHEREAS, said Division Order covers land more particularly described as 'I a follows: W rn U Township 8 North, Range 58 West, 6th P.M. Section 8: SINW; 1/40Z Weld County, Colorado \ W 0 E o [n W W WHEREAS, Weld County is entitled to a one-eighth royalty interest on o w production, and �n4+ m Hz N < WHEREAS, in order to receive said royalty interest, Weld County must o • execute said Division Order, a copy of which is attached hereto and incorporated W CC herein by reference, and CD CO WHEREAS, said Division Order has been reviewed by a member of the Weld HI VD County Attorney's staff and found to be in order, and W w 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 Division Order with National Cooperative Refinery Association, P.O. Box 1404, McPherson, Kansas 67460-1404, 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. 930056 LE or /S" c e • /VC y: A l Pu+lPotri gb) DIVISION ORDER - NATIONAL COOPERATIVE REFINERY ASSOCIATION PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of January, A.D. , 1993. (/�' //J) / ff /f BOARD OF COUNTY COMMISSIONERS ATTEST;� /y� /j/,idu //„ WEL COUNTY, COLORADO Weld County/un Clerk U to the Board //�j//1 Constance LHarbert, Chairman � BY:%N�( .j` 1 4 P11'4 1, ). 'r�l' .� 'Deputy Cler d' t rd W. ebster, Pr -Tem APPROVED AS T "FOEte ' / orge E Baxter \` County Attorney Dale K. Ha 1 4 O U )o C,1 7 1.t-}/�-/A w 0 'arbara J. Kirkmeyer r U o w og o *Ar w O z 0 U GL te � z w Ma at U o Z N H n E O CO w ON in W rn ', z Mz N O Uz w CO 1/4O Ln rn �o � o ww 930056 ORDEF NATIONAL COOPERATIVE REFINERY ASSOCIATION Analyst: RLK ‘77T • Lease Name: RIM 6-8A R \ Date: December 23 , 1992 Lease Number: 72419 Effective Date: Date of First Run (12/11/92) App 05 _ 12) 343103 The undersigned and each of them certifies they are the legal owner of the interest set out below of all the oil Ind related liquid hydrocarbons produced from the property legally described as: 0o o U . The South Half of the Northwest Quarter (S/2 NW/4) of Section 8, Township 8 North, Range 58 West in Weld :ounty, Colorado O ogrl Credit To Interest/Type 0 a Weld County Colorado . 1250000 RI o Board of County Commissioners ‘r a Paul Abbey .0127500 ORI Terry J. Cammon .0127500 ORI • Commonwealth Energy Associates, III L.P. .0093750 ORI w loin Penn J e .0127500 ORI CIO LI • Mile Hi Oil & Gas, Inc. .0056250 ORI o z Paul Abbey .0122649 WI • H Marvin R. Brown .0383279 WI F Mark T. Brown .0383279 WI % Terry J. Cammon . 1617437 WI Commonwealth Energy Associates, III L.P. . 3066231 WI in w Golden Bear Company .0766558 WI z John Penn Lee . 1878067 WI en A' O N U CG W 4 • F. moo VD CO VD rl r40 W W O115 CONTINUED ON REVERSE 930056 THIS AGREEMENT DOES NOT AMEND ANY LEASE OR OPERATINu AGREEMENT BETWFFN THE INTEREST OWNERS AND THE LESSEE OR OPERATOR OR ANY OTHER CONTRACTS FOR THE PURCHASE OF OIL OR GAS. 0 ov THE FOLLOWING PROVISIONS APPLY TO EACH INTEREST OWNER WHO EXECUTES THIS . AGREEMENT: rl o U ❑ FIRST: Said oil shall become the property of payor upon the delivery thereof to payor or to any carrier, pipeline, person, o w firm or corporation designated by payor to receive said oil. z o x SECOND: The oil purchased and received hereunder shall be delivered f.o.b. to any carrier, pipeline, tanks or other fit a facilities designated by payor which gathers and received said oil, and payor agrees to pay for such oil to the respective 0 owners according to the division of interest herein specified at the price posted by NCRA for oil of the same grade, w gravity and quality from the field or area in which the aforedescribed lease or premises is located on the date said oil is o x received by payor, less any tax payor may be required to pay and less applicable trucking or pipeline gathering charges w in accordance with arrangements made with the operator. un w THIRD: From the effective date, payment is to be made monthly by payor's check, based on this division of interest, m for oil run during the preceding calendar month from the property listed above, less taxes required by law to be deducted z and remitted by payor as purchaser. Payments of less than $25 will be made semi-annually. N H \ W . F FOURTH: If a suit is filed that affects the interest of the owner, written notice shall be given to payor by the owner o a together with a copy of the complaint or petition filed. In the event of a claim or dispute that affects title to the division 0 of interest credited herein, payor is authorized to withhold payments accruing to such interest, without interest unless Now otherwise required by applicable statute, until the claim or dispute is settled. rn z rn N zz FIFTH: The owner agrees to notify payor in writing of any change in the division of interest, including changes of o interest contingent on payment of money or expiration of time. No change of interest is binding on payor until the o z recorded copy of the instrument of change or documents satisfactorily evidencing such change are furnished to payor at the time the change occurs. Any change of interest shall be made effective on the first day of the month following receipt m of such notice by payor. Any correspondence regarding this agreement shall be furnished to the addresses listed unless otherwise advised by either party. In addition to the legal rights provided by the terms and provisions of this division rn ri o order, an owner may have certain statutory rights under the laws of this state. aow Witness: A t:, � ci Owner's Signature: �j �.v7,f /'.r/ Weld County Colorado Weld County c rkpo ;he Bohd Boar /tounty Commissio s ' By://' .fr ✓ . f if%r' ! ��j ? B: JjYirxee�' 'Oety Clerk to Board—____ 01/13/93 Title: Chairman YOU MAY Owner's Address: KEEP THIS COPY FOR YOUR RECORDS P.O. Box 758 Mail To: Greeley, CO 80632 NCRA ATTN: TITLE DEPARTMENT PO BOX 1404 McPHERSON, KS 67460-1404 84-6000813 Social Security or Tax ID Number Failure to furnish your Social Security/Tax Identification Number will result in 20 percent withholding tax in accordance with federal law, and any tax withheld will not be refundable by payor. C' rt 4.r .... 1 N PIONAL COOPERATIVE REF ,ERY ASSOCIATION rit 2000 South Main Street, P.O. Box 1404, McPherson, Kansas 67460 • HELPFUL HINTS CHANGES AFFECTING PAYMENT FROM NCRA Following are the most commonly encountered situations that result in either a change of ownership or a change to the payee, along with the documents most frequently needed to effect the change. Obviously, we cannot address all situations. There may be some changes in our requirements due to the laws of each jurisdiction. If you are in doubt or require additional information relating to your particular set of circumstances, contact our office. For the most complete response, these questions should be submitted in writing. However, you may call us at (316) 241-9187 or fax us at (316) 241-5582. Situation Documentation Required by our Office to Effect the Change Sale of an Interest 1. Royalty Interest (RI) Certified copy of the appropriate conveyance Working Interest (WI) or filed of record in the county in which the Overriding Royalty Interest (ORI) property is located Estate Proceedings If probate is not complete 1. Owner died with a Will (testate) and probate a Certified copy of Last Will and Testament proceedings are to be conducted in the same state in which the properties are located. a Order Admitting Will to Probate a Letters Testamentary a Affidavit of Heirship When probate is complete All of the above plus: a Evidence debts and taxes have been paid a Final Decree of Distribution (if appropriate) a Recorded conveyances (if appropriate) 2. Owner died with a Will (testate) and probate a Documentation of ancillary probate proceedings are to be conducted in a state proceedings in all affected states other than the state in which the property (Requirements vary according to state Law) is located. a Recorded conveyances (if appropriate) 3. Owner died without a Will (intestate). a Letters of Administration (if available) a Affidavit of Heirship (individual state laws of Descent and Distribution will apply as relevant) a Evidence debts and taxes have been paid a Recorded conveyances (if appropriate) vsuaimev o-sv CHANGES AFFECTING PAYMENT ROM NCRA page 2 Situation Documentation Required by our Office to Effect the Change Name Changes 1. An individual's name changes due to a Copy of marriage certificate, divorce decree marriage, divorce, etc. reinstating maiden name or other document affecting name change 2. Company or corporation changes its n Certificate of Name Change (Tax ID should name only be included) 3. Company or corporation's name changes a Certificate of Merger (Tax ID should due to a merger be included) 4. Attorney-in-fact appointed a Certified copy of recorded Power of Attorney Trusts 1. Trust is created a Copy of Trust Agreement and appropriate recorded document conveying the property interest to Trust 2. Trust is terminated a Copy of Dissolution of Trust and appropriate recorded conveyances to beneficiary 3. Changes in Trustee a Copy of recorded instrument whereby the successor trustee was appointed Changes of ownership due to divorce a Copy of complete Divorce Decree, including Settlement Agreement a Recorded conveyances (if appropriate) Bankruptcy 1. Chapter 11 a Plan of Reorganization Order Confirming the Plan of Reorganization 2. Chapter 7 a Recorded conveyances as appropriate Owner having a Life Estate dies a Copy of life tenant's death certificate a Names and address of remaindermen (If additional documentation is required, you will be notified at that time). Interest is Owned as Joint Tenants n Copy of death certificate of joint tenant and one dies E• c_ ::' J INSTRUCTIONS TO ALL INTEREST OWNERS READ CAREFULLY BEFORE SIGNING THIS DOCUMENT THIS DOCUMENT SHOULD NOT BE ALTERED IN ANY WAY UNLESS ACCOMPANIED BY SUPPORTING EVIDENCE JUSTIFYING THE CHANGE. ANY CORRECTIONS IN SPELLING OF YOUR NAME SHOULD BE MADE IN INK AND YOUR INITIALS SHOWN ABOVE THE CORRECTION. SIGNATURE: Sign your name as it appears on this document in the space provided. Please have your signature witnessed. SIGNING FOR A CORPORATION Title of signatory party must be shown, corporate seal affixed, and attested. SIGNING FOR A PARTNERSHIP All partners must sign unless signed by an authorized party and we are furnished a certified copy of his/her authority. If an interest is shown jointly, each party must sign the instrument in the manner that their name is shown. In the event one party has been designated agent for the joint interest, or if they have been granted a power—of—attorney for the other partyliesl, we must have evidence to support this. SIGNATURE BY SECOND PARTY If this document is signed by agent, attorneys-in-fact, guardian, trustee or any party other than the designated interest owner, we must have documentation granting the right to sign on behalf of the designated owner. MAILING ADDRESS: Please indicate the address to which checks are to be mailed. Print or type as clearly as possible. Do not abbreviate. If you are already receiving checks from our company, be sure to use the same address to which we are now mailing your checks. Make sure to include your zip code number. TAXPAYER'S IDENTIFICATION OR SOCIAL SECURITY NUMBER: As required by federal law, please indicate your Taxpayer Identification Number or Social Security Number, whichever is applicable, in the space provided. Without an Identification Number, we are required by the IRS to withold 20%. LEASE NUMBER: In the upper right hand corner of this document is a five-digit number. This number will appear on the checkstub and should always be used when corresponding with our company. CHANGE OF ADDRESS: It is very important that you notify us immediately of any change in your mailing address. Be sure to include your owner number, which appears on your check from our company, your old address, then state your new address. This should be accompanied by your initials and/or signature. THIS DOCUMENT IS TO BE RETURNED WITHOUT DELAY TO THE ADDRESS BELOW. KEEP ONE COPY FOR YOUR RECORDS. NATIONAL COOPERATIVE REFINERY ASSOCIATION ATTENTION: TITLE DEPARTMENT NCRA BUILDING, 2000 SOUTH MAIN, P.O. BOX 1404 MCPHERSON, KS 67460-1404 t.. . w psi. v.i C.- p;‘ �. J \ r Mp, National' Cooperative Refinery Association nn2000 SOUTH MAIN ST. • P.O. BOX 1404 • McPHERSON, KANSAS 67460 . 316/241-2340 December 23, 1992 Weld County Colorado ci Board of County Commissioners P.O. Box 758 L, Greeley, CO 80631 :.3 RE: RIM 6-8A - 72419 Weld County, Colorado Dear Interest Owner: Effective December 11, 1992 NCRA began purchasing the production from the above referenced well. Enclosed is a Division Order that will need to be executed before witness. Please include your mailing address and either your social security number or federal id number. An instruction sheet is attached for your assistance. Form W-9 is enclosed to aid you in providing your social security/federal id number. Without this information we are required, by the IRS, to withhold twenty percent (20%) from your oil revenue payments. The fully executed Division Order is to be returned to this office in the enclosed self-addressed envelope. The remaining copy is for your files. If you have any questions, please contact our office. Sincerely, NATIONAL COOPERATIVE REFINERY ASSOCIATION sth. I 'date!" Rhonda L. Klatt Title Analyst RLK/ag Supplying Refined Fuels CENEX, ST. PAUL, MINNESOTA 'Our Member-Owners GROWMARK, INC.. BLOOMINGTON, ILLINOIS • MFA OIL COMPANY, COLUMBIA, MISSOURI L r ! I I C Hello