HomeMy WebLinkAbout910534.tiff AR225.40313
RESOLUTION
RE: APPROVE DIVISION ORDER WITH TOTAL PETROLEUM, INC. , AND AUTHORIZE CHAIRMAN
TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, by m
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested r r
with the authority of administering the affairs of Weld County, Colorado, and nNi o
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WHEREAS, Weld County, Colorado, has received a Division Order with Total E n
Petroleum, Inc. , 515 Central Park Drive, Oklahoma City, Oklahoma, 73105, and FC o
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WHEREAS, said Division Order covers land more particularly described as o
follows: M• to
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Township 5 North, Range 66 West, 6th P.M. o
Section 33: NWf SW; y oN
Weld County, Colorado H N
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WHEREAS, Weld County is entitled to a one-eighth royalty interest on r '''
production, and
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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 0
herein by reference, and O
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WHEREAS, said Division Order has been reviewed by a member of the Weld z o
County Attorney's staff and found to be in order, and r 0
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WHEREAS, the Board deems it advisable to approve said Division Order on the O \
parcel of land described herein. n o
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Division Order with Total Petroleum, Inc. , 515 Central
Park Drive, Oklahoma City, OK 73105 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.
910534
�CC66 (^7 ' 9
Page 2
RE: DIVISION ORDER - TOTAL PETROLEUM, INC.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 17th day of June, A.D. , 1991.
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY CO RADO
Weld County Cle k to ,Vle Board
Gordot{ airman
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By:
r Dep :y E tai c.he Board Geo Kennedy, Pro-Tem
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APPROVED AS KM: ad-a_ _AAL� l/
ConstanceA L. Harbert y W
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910534
TO: Total Petroleum, Inc, — DIVISION ORDER "_ Lease No. 304551
515 Central Park Drive LGT
Oklahoma City, OK 73105
June 5 , i9 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
GERRITY OIL AND GAS CORPORATION -- SPOMER J 33-12 farm or lease, located in
Weld County, State of Colorado , more particularly described as follows:
NW/4 SW/4 of Section 33-5N-66W, limited to the interval
from the surface to 100 feet below the base of the
Codell formation.
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Effective 7 a.m., 1st day of April , 19 Si,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: k'a i"a
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N CREDIT TO DIVISION OF INTEREST 1/40 to
BOARD OF COUNTY COMMISSIONERS . 1250000 R.I. g• A
WELD COUNTY, COLORADO TAX EXEMPT IC
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ENERGY MINERALS CORPORATION .0700000 O.R.I. z �
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GERRITY OIL & GAS CORPORATION .8050000 W.I. pi w
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FIRST:The oil purchased in pursuance of this Division Order shall be merchantabk and become your property upon delivery thereof to you or to any pipe line designated by you.Quantities of oil run Pa
and purchased hereunder shall be computed in terms of 43 U.S.gallons per barrel from regularly compiled tank tables showing the full candiy of the tanks.Correction for temperature and deductions for ,w, Cy
din,sediment and other impurities are to be made in accordance with your rules,reputations and customs in effect at the time and place of delivery.The oil shall be steamed or treated when necessary to tsj
render it merchantabk. n
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SECOND:The oil received in pursuance of the Division Order shall be paid for to the patty or parries entitkd theta°according to division of interests shown above at the price for each day's receipts axj
posted and upon the bads 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 oil hereunto by truck,then,in that d
event,you are authorized to deduct from such plot the trucking eharya,together with Federal Transportation Tax thereon.SMulO the oil be sold by you to another purchaser scenting delivery thereof at [xj b}
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 WO
purchased during the preceding month by your checks delivered or mailed to the respective parties at the addresses stated.However.it it agreed,if the amount payabk to any of the undersigned is less than •
the statutory minimum sum during any month,you may withhold payment thereof,without interest,and in lieu of monthly settlement,make payment m such time as a statutory minimum sum has g O
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 natatory accumulated to the credit O
of the undersigned.Pip line grades and measurements are to govern and control in all settlements,subject to the provisions of price postinp above referred to conceming computation of quantities.The ri
undersigned authorize you to withhcal from the proceeds of any and ag runs made herNnder the amount of any tax placed thereon,or on the production thereof,by any governmental authority,and to pay t7
the same in our beMlf.
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THIRD:In case of any question,controversy or adverse claim oflhk which in your opinion adversely affects tide to any interest credited hereunder,or in case title shall not be satisfactory to you at any 0 W
time during the term of this division order,each of the undersigned agrra to furnish complete abstract of title and other evidence of titk satisfactory to you and authorizes you to retain the purchase price of • \
the oil without oblieatio0 to pay interest on the amount so withheld,until satisfactory indemnity than be furnished you against such question,controversy.adverse claim or any such defects in title,or until O
any question,nomroverfy,adverse dam or defect to owners'title is satin to your satisfaction.In the event suit is filed in any court affecting title to oil purchased hereunder,either before or after severance, n O
the undersigned agree to indemnify and save you harmless from any and atl casts in connection with such action.including attorneys'fees;and further the undersigned agree to indemnify and save you 0 CO
harmless and any carrier transporting said oil for your account against any and all liability for loss,cost,damage and expense.including attorneys'fm,which you or the carrier may suffer or incur on
account of receiving,tansponine and paying us for rid oil.
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
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 whkh notice is received by you.You are hereby relined
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 u a result;Odin compktion of discharge of money or
other payments from said interests,or otherwise;and the stoners 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 ktter 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 shill not be received,you shall be held harmless in i he
event of,and are hereby released from any and all damage or loss which might arise out of any overpayment.The understand hereby further agrees to reimburse you for all amounts incorrectly paid to i he
undersigned for the above-described property.
FIFTH:Working Interest owner and/or Oprasors who Sian this Division Order.and each of them,guarantee and warrant for your benefit and that of any pipeline or other carrier designated by you set
run or transport said oil,that all oil tendered hereunto has been and/or will be produced in accordance with applicable laws and/or official rub 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 all of the above named owners taw.o
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 Di,icon
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,(if same is•participating or pooled working interest I.as Jet
out herein,in the oil produced and saved from the above described lands and remit um:to the lease operator.The undersigned wilt look to the base operator fa detailed statements of all charges and credit,
of operating expenses as such intervals as agreed upon by the operator and the undersigned working interest owner.
SIGNATUnF WITNESSEAida/444
S SIGNATURE OF OWNERS • SOCIAL SECURITY
BOARD OF COUNTY COMMISSIONERS OR
Attest WELD COUNTY, COLORADO TAXPAYER NUMBER
Weld County Cler to Board 6� 84-6000813
yarBy: 7:724-1,./9,11 4.4/./1.� . Gordon E. La , Chairman
Deputy Clerk to Board
(seal) 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.
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