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Home My WebLink About911351.tiff AR22696S2 RESOLUTION RE: APPROVE REVISED GAS DIVISION ORDER WITH ASSOCIATED NATURAL GAS, INC. 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 o U WHEREAS, Weld County, Colorado, has received a Revised Gas Division Order with Associated Natural Gas, Inc. , P.O. Box 5493, Denver, CO 80217, and —4O U Q WHEREAS, said Division Order covers land more particularly described as o follows: o w Township 5 North, Range 66 West, 6th P.M. Section 33: SISW; as to all formations o between the surface and the top of the Niobrara Formation, M z Weld County, Colorado m mx a WHEREAS, Weld County is entitled to a one-eighth royalty interest on zproduction, and � U coz m ; WHEREAS, in order to receive said royalty interest, Weld County must ui execute said Division Order, a copy of which is attached hereto and incorporated wherein by reference, and N Z VD W l0 [y WHEREAS, said Division Order has been reviewed by a member of the Weld N Z County Attorney's staff and found to be in order, and N < O aWHEREAS, the Board deems it advisable to approve said Division Order on the parcel of land described herein. N N CO CO C " NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld w G County, Colorado, that the Revised Gas Division Order with Associated Natural Gas, Inc. , P.O. Box 5493, Denver, CO 80217, 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. 911351 �,E o cve Page 2 RE: DIVISION ORDER - ASSOCIATED NATURAL GAS, INC. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of November, A.D. , 1991. J �� BOARD OF COUNTY COMMISSIONERS v,01 ATTEST:-; ��/f ,l WELD COUN , LORADO tn o U Weld CounnttyC�1/////erk`,to the Board o Gor o a airman N O ///J �' ^', U By: 7 tAer./�1' n. 4-7� EXCUSED q Deputy Clettk�'to the Board�� Geo ge Kennedy, Pro-Tem o w o APPROVED AS TO FORM: �7ieJ,��jtede,d o x �� "- ' Constance L. Harbert / �r EXCUSED OU A',t_,i„-County Attorney C. W. Kirby w a �I M W. e Webster x a w H H rn U CO• j H H \ S] � H U) w N H w Lo G, 41 io Z N Z N 4 O 7+ ua w a CO --I co M V H H M W 911351 REVISED GAS DIVISION ORDER �Gi TO: ASSOCIATED NATURAL GAS, INC. P.O. Box 5493 Denver, Colorado 80217 Attn: Division Order Department Lease iii ` I—2131 Date November 1, 1991 Plant 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 in the proceeds derived from the sale of Gas produced and saved from the Spomer 33-13 #1 & 33-14 #1 lease or unit located in the County or Parish of Weld State of Colorado more iarticularly described as follows: o 0 TOWNSHIP 5 NORTH - RANGE 66 WEST, 6th P.M. Section 33: S/2SW/4 as to all formations between M 0 the surface and the top of the v Niobrara Formation a a o cal OWNER NO. CREDIT TO DIVISION OF INTEREST DECIMAL o a er W % a 0 U M x SEE ATTACHED EXHIBIT "A" FOR OWNERSHIP LISTING :a x a Effective 8 A October 1 , 1991 and until further notice,you are hereby authorized to take or retain possession r of all Gas from said propertylies)on and after the effective day and to give credit as set forth above for all proceeds derived from the sale of Gas from do Z said property(ies)subject to the conditions,convenants and directions set out below: H c'-1 FIRST:It is understood that the Gas produced from the above-described property(ies)is being sold under that certain Gas Purchase H L7 and Processing Agreement dated January 18 ,199 ,between Francis Energy, Inc. as"Seller"and Associated Natural Gas,Inc.as"Buyer",and that all terms and covenants contained therein,and in any amendments, N extensions.or renewals thereof shall govern and be binding upon the parties hereto in all respects which shall include, but not be W 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 f'-' "Gas"shall be deemed to include casinghead gas,gasoline and all other products which Associated Natural Gas,Inc.receives and/or lu Z recovers by processing from Gas produced from wells on said propertylies). N Z N a' a >-I All covenants appearing on the reverse side hereof are incorporated herein by reference and the undersigned agree that each shall be deemed U x and considered an essential part of this division order in like manner and with the same effect as if printed above our signatures. t` c The undersigned expressly waive any claim against you for any and all amounts which may be due us from others for production prior to the mco effective date hereof. H W Owners Sign Below Taxpayer Identification or Ignature of Witnesses (Enter Mailing Address) Social Security Number ATTEST: 84-6000813 Wel$2 CountyEyrk/,to Board, Cha e d unty Commissioners 11/13/91 BY: I133// meted. ,/" - y�!� '- Address: eputy Clerk to Board -� Greeley, CO 80632 Address: Address _ • WHITE - Return to ANGI YELLOW - For your records / PINK - ANGI file copy ..� er."t,,.N c)O� �• ... .. ... . .* _ SECOND: Payments are to be made monthly by checks of Associated Natural Gas,Inc.to be delivered or mailed to the parties thereto entitled at the addresses above given,provided that if the amount due any owner is less than Twenty-Five and 00/100(525.00)Dollars per month,Associated Natural Gas,Inc.,at its option,may defer the making of such payment until such time as the aggregate amount due exceeds said sum.The undersigned authorize Associated Natural Gas,Inc.to withhold from the proceeds of any and all Gas referred to herein the amount of any tax placed thereon,or on the production thereof,including but riot limited to any severance, production or occupation tax,by any governmental authority,local,state and/or federal,and to pay the same in our behalf with the proceeds so withheld. THIRD: In the event of an?adverse claim of title or in the event title shall not be satisfactory to Associated Natural Gas.Inc.at anytime during the term of this Division Order,each of the undersigned agrees to fumish complete abstracts of title and other evidence of title satisfactory to Associated Natural Gas,Inc.and authorizes Associated Natural Gas,Inc.to withhold payment,without obligation to pay In 0 interest on the amount so withheld.until satisfactory indemnity shall be furnished to Associated Natural Gas.Inc.against such adverse U claims or any such defects in the title,or until title shall be made satisfactory to Associated Natural Gas,Inc.Each undersigned party.as to the interest of such party hereunder,respectively agrees.in the event suit is filed in any court affecting title to said Gas.either before a' O or after severance.to indemnify and save harmless Associated Natural Gas.Inc.against any and all liability for loss,cost:damage.and U expense which Associated Natural Gas,Inc.may suffer or incur on account of receiving and paying said party the proceeds derived from the sale of said Gas.Where Associated Natural Gas,Inc.,pursuant to the provisions hereof,withholds payment,or any part thereof. each undersigned party from whom payment is withheld severally agrees to indemnify and hold Associated Natural Gas,Inc.harmless o W of and from all liability for any tax,together with all interest and penalties incident thereto.imposed or assessed against.or paid by it on Q account of the sum or sums so withheld from payment to said party,and deduct all such taxes.interest and penalties so paid it from any LY sums owing by it to said party. tee W O FOURTH: The undersigned severally agree to notify Associated Natural Gas,Inc.of any change of ownership,and no transfer of interest shall be binding upon Associated Natural Gas,Inc.until transfer order and the recorded instrument evidencing such transfer. x or a certified copy thereof,shall be furnished to Associated Natural Gas.Inc.Transfer of interest shall be made effective 8 AM on the co first day of the calendar month in which proper notice is received by Associated Natural Gas,Inc.Associated Natural Gas.Inc.is hereby `a relieved 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 as a result of the completion of discharge of money or other payments from said interests.and the signers a; hereof whose interests are affected by such money or other payments, if any.agree to give Associated Natural Gas, Inc. notice in al writing by registered letter addressed to Associated Natural Gas,Inc., P.O.Box 5493.Denver,Colorado 80217,Attn:Division Order JDepartment.when any such money or other payments have 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 0o Z shat' not be received.Associated Natural Gas, Inc.shall be held harmless in the event of,and is hereby released from any and all r•-I H damage or loss which might arise out of any overpayment. W � H to FIFTH: 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 CV Energy Regulatory Commission or the provisions of the Natural Gas Act or Natural Gas Policy Act of 1978.Associated Natural Gas.Inc. Wmay hold without interest the portion of the proceeds subject to refund unless indemnity satisfactory to Associated Natural Gas.Inc. has been furnished.or until Associated Natural Gas.Inc.'s refund obligation has been finally determined.If any portion of the proceeds derived from the sale of Gas is paid over by Associated Natural Gas Inc under any order. rule or regulation of the Federal Energy N Z Regulatory Commission or the proosions of the Natural Gas Act or Natural Gas Policy Act of 1978:Associated Natural Gas,Inc.is o4 authorized to recover the amours; of the refund applicable to the interest of each of the undersigned from future payments,or at Associated Natural Gas.Inc.'s election,it may invoice the undersigned therefore.plus the legal rate of interest Associated Natural Gas, o4 In: is or my be required to pay in connection with the undersigned's portion of the refund. C4 SIXTH: This Division Order shah become valid and binding upon each and every owner above named upon execution hereof by such M cr owner regardless of whether or not any of the other above-named owners have so signed-If the provisions of this Division Order are in -t �f conflict with the provisions of any oil and gas lease covering the above described propertyfiesl.the provisions of this Division Order w shall prevail. Each undersigned owner ratifies and confirms his oil and gas lease as being in full force and effect as of the date hereof. SEVENTH: The Owner executing this Division.Order.in consideration of payments by you as above provided for;agrees to pay all royalty owners and all other persons who may have right.title or interest in said gas and further agrees to protect.indemnify and hold you harmless from and against any and all loss.cost or expense which you may suffer or sustain by reason of such payment regardless of how any such claim or demand may arise.including all costs or expenses incurred by you in defending your position in any such claim.Ault or action. �. vr"ill — LC) O � U 0 in▪ O U EXHIBIT A a a 21_'•1 o � ox tn- a PERCENTAGE INTEREST a OWNER Ni� CREDIT TO x O - U r� r- x r1 1 .000000 i�I •• � $6$7 STEVE SHEFTE � x x u; ��.E��u'�i� G I `�Pi'1 ENERGY MINERALS CORPORATION — �� U a,• z - H 11 .Fri�Ci c:t F I ▪ H i WEL.D COUNTY v. N 17975 LOUIS E SPOMER AND 1 .424950 RI v JANET M SFOMER rn �o z r,tj. _1 OCtQ W I V Z �95F;; FRANCIS ENERGY INC 0 U � W 100.0000Q N • CO 100.'4" 00.c.�c_�i si a0 � '4" fi�TAL (.14 [Li C“! ..0 r•,r. Hello