HomeMy WebLinkAbout940346.tiff RESOLUTION
RE: APPROVE COMBINED GAS AND OIL DIVISION ORDER TO ASSOCIATED NATURAL GAS,
INC. FROM GERRITY OIL AND GAS CORPORATION 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, has received a Combined Gas and Oil
Division Order to Associated Natural Gas, Inc. , P.O. Box 5493, Denver, Colorado
80217, from Gerrity Oil and Gas Corporation, and
WHEREAS, said Division Order covers land more particularly described as
follows:
Township 2 North, Range 65 West, 6th P.M.
Section 18: WZSE4
Weld County, Colorado
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, said Division Order has 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 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 Combined Gas and Oil Division Order to Associated
Natural Gas, Inc. , from Gerrity Oil and Gas Corporation, 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.
940346
Lt0O6b?I 1 / CC ; I�/VeT
)1
DIVISION ORDER - 65,02,18 WISE}
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote o4n the 13th day of April, A.D. , 1994.
BOARD OF COUNTY COMMISSIONERS
ATTEST: iguil/���,} G� WELD COUNTY C LORADO
Weld County Clerk to the Board
tter. aian
BY: C JYtdt /-JTt)iiJCu
Deputy CArk to the Board , ro-�
APPROVED AS TO FORM:
eo/ e . Baxter
County A or y tance L. Harbee t
�L.
Barbara J. Kirkmey
940346
DIVISION ORDER �{���
AR238Y713 (COMBINED OAS AND OIL) f
Gas Lease No. 1706
TO: ASSOCIATED NATURAL GAS, INC. ("ANGI") Oil Lease No. 51546 Po�-s /J
ASSOCIATED TYAISPOYT i TRADING CO. ("ATTCO") Y (X\ CCU^
P.O. Bolt CO130 Date: March 30, 1994 S�
Denver, D 80217 NW J
The undersigned, and each of us, certify and guarantee that we are the legal owners of and
ofr Gas & Oil(as mo el individually defined herein)sproduced and saved from the 8ott( t19-10.
1.1=1.1 lease or unit, located in the County or Parish of Weld, State of Colorado, more Q
particularly described as follows: Potts lg��5
Township 2 North. Range 65 West. 6th PI(
section 18: N/ass/♦ s• Y Li 5e,
i
1
r No. Credit To Division of Interest Decimal
O� 1(V) 05-WA 15Ia�
FOR DIVISION OP INTEREST SEE EXHIBIT "A" ATTACHED HERETO MID MADE A PART HEREOF
Effective at 5:00 A.M. Date of first purchase and until further notice, you are hereby authorized to take or retain possession
of all Gee from said propertytite) on end after the effective day and to give
ec credit
cs set forth ard directions fout or all
belpree�derived
from the sale thereof fret said property(i.e) subject to the conditions,
nut: It is understood that the Gas predated fret the above-deacribed property(ies)iiIs bbeeingesold underd" and that certain
Natural
Purchase end Processing Agreement dated July 1, 1992 between Gerrity Oil I San C"porN s, S extensions,"n, or unsaid Natreef
tea, Inc. as Munro, and that all tens"d covenants contained therein, rd in any seer it be
shall govern and be binding upon the parties heretots sa all
tr be cteewhichs shusall
d 1 lode. ut not
Orders ri td to,
the
pprice to
ice to
de deemed for said Gee aed tbe g eed s, when isuch paym and ents is snide Associated Natural Gas Inc. may receive and/or recover
by process singo !from gas ude prod red gas,
wells on said proper other H�).
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 weer and with the same effect as if printed above
our signtires.
The undersigned expressly waive any claim against•MGl" or "ATTO, for any ard all amours which say be due us from others for
predation prior to the effective date hereof.
Owners Sign Below Taxpayer I.D. Humber or
Signatures of
Witnesses Owners
(Enter Nailing Address) Social Security Number
TEST: Q.fi �� 84/18/9413
CBAI COUNTY BOARD OF ONNISSIONERS 04/18/94
BY. address P.O BOR 75R
D TY CL TO BOARD GREELEY, CO 80632
Address
B 1437 REC 02384713 04/21/94 15:56 $0.00 1/004
F 2156 MARY ANN PRUERSTEIN CLERK & RECORDER WELD CO, CO
Address
ESP:l•
� . NAL
940346
I L 00(-03
Yu
SECOND: 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 Gee. All Oil received and
purchased hereunder shall be merchantable 01l and shatL become the property of "ATTCO" as soon as the seem is received
into its custody or that of any carrier it designates. "ATTCO" shell not be expected to receive Oil in definite
quantities, nor for fixed periods, nor to provide storage.
MUM: The Oil received and purchased hereunder shall be delivered f.o.b. to any carrier "ATTCO" designates With
gathers
rrest hereiinnespecified atOil
the price agreed agrees
upon beetwee"AT for TCO" and Oil
ab the leasesigned operatoraccording to the division of
MITI: Quantities of Oil purchased heresder shall be determined by the method of measurement and congutation
employed by "ATTCO" or "ATTCO's" agent designated to receive such Oil including but not by way of limitation, the
gauging of storage tanks wing regularly compiled tar[tables, the use of certified truck gauges, ad the use of meters
or any other reasonably accurate method of measurement and computation. "ATTCO" shall correct the alum and gravity
to a temperature of 60 Fahrerheit end shall Sect from
such
corrected
velure
reehsiw full
pery centages
all it s of basi basic tsoedi nmenot
water and other Impurities as sham by its "Anton may refuse to
merchantable.
FIFTH: Peyswnte are to be made monthly by checks of "AMGI" for
h"ATTCO"
if M ccr Oil
il to any owner
delivered is less than
wailed
to
the parties thereto entitled at the addr Dow given, provided
Twenty-five and no/100 Dollars ($25.00) per month, "AMGI" or "ATTCO", at its option, may defer the making of such
payment until such time as the aggregate sexed due exceeds said sue. The i deraigmad authorize "AMGI" end "ATn0"
to withhold from the proceeds of any and all Cu and Oil referred to herein, the mint of any tax placed thereon, or
on the production thereof, including but not limited to any severance, production or occupation tax, by
any
e
governmental authority, local, state d/or federal, and to pay the same in our behalf with the proceeds so
wthheld.
sixths In the event of any adverse claim of title or in the event title shall not be satisfactory to"M61"or"ATTCO"
at any time during the term of this Division Order, each of the adersigned agrees to furnish complete abstracts of
title and other evidence of title satisfactory to"AMGI"and/or"ATTCO"at authorizes same to withhold payment without
obligation to pay interest on the sent so withheld, until satisfactory indemnity shall be furnished to "AMGI" end
"ATTCO". Each undersigned party es to the interest of such party hereunder respectively agrees, in the event suit is
filed in any court effecting title to said Gas and/or Oil, either before or after severance, to indmify and save
harmless "Mal" end "ATTCO" against any and all liability for toss, cwt, damage and expense With "MEIN or "ATTCO"the Oil.ray
rer here "M and/fer or Incur on or account
puring and sue nt to pethee provising said ioonyhereo proceeds, w holdsebpayment or any part thereof, eac from the sale of said Gas h
undersigned party from whom payment is withheld severally agrees to irOesify and hold"AMGI"and•ATTCO" harmless of
and from all liability for any tax, together with all interest sod penalties incident thereto, iaposd or assessed
against or paid by them on accent of the sue or mm a withheld from payment to said party and deduct all such taxes,
interest and penalties so paid by than from any sum owing by the to said party. If suit is filed affecting the
interest of the udersigned, written notice thereof shall be given "Mil" at "ATTCO" at the above address by the
undersigned, together with a certified copy of the complaint or petition filed. If "AMGI" or"ATTCO"are mw a a party
to such proceedings, the undersigned agrees to indemnify saes against any jtSmnt rendered therein and to routes
"AMGI" and "ATTCO" for any costs, attorney's fees or other exposes incurred in connection therewith.
SEvENTN: The undersigned severally agree to notify"MCI" end"ATTCO" of any change of warship and no transfer of
interest shall be binding Won •AMGI" or MTTCO" until transfer order and the recorded instnaent evidencing such
transfer, or a carts}led copy thereof, shall be furnished to "RIG!" or "ATTCO". Transfer of interest shall he made
effective 5:00 A.N. on the first day of the calendar month in which proper notice Is received by•AMGI" and"ATTCO•.
"Alicia and "ATM" are hereby relieved of any responsibility for determining if and when any of the interests
hereinabove sat forth abettor should revert to or he owed by other parties as a result of the completion of discharge
of money or other payments from said interests at the signers hereof whose interests
affected
by such savoy addressed to•Awaor
other paymentany, registeredand letter, if agree to give "MCI" e "ATTCO" notice In writing by
end"ATICO"at the above address, directed to the Division order Deportment, Men any such money or other cements have
been completed or discharged, or Men any division of interest other than that set forth above shell, for any lawn,
became effective and to furnish transfer order accordingly end that in the was such notice shall not be received,
"AMG!" and "ATTCO" shall be held harmless in the event of, end are hereby released from any and all Marge or loss
which eight arise out of any overpayment. Should edjwtments be necessary, "AMP and"ATTCO"shall have rights(but
no duty) to set off any and all individual or joint liabilities the mdersigred has with same, including but not
limited to proceeds from this and other lave interests wed by the undersigned.
ELUTE If any portion of the proceeds derived from the sale of Gas is subject to refund ceder any order, rule or
regulation of the Federal Energy Regulatory Camatsion or the provisions of the Natural Gas Act or Natural Gas Polity
Act of 197$, ")GILL" may hold without interest the portion of the proceeds subject to ref tad unless Indignity
satisfactoportion of theoprocee s has
from the sale of Gas is paidever by*Mieobligation
sunder e y order, rully e re regulnaed. If tiion of th
Federal Energy
Regulatory Commission or the provision of the Natural Gas Act or Natural Gas Policy Act of 1975, "M51" and"ATTCO"
are authorized to recover the amount of the refund applicable to the interest of each of the udersigned from future
interest in�s 'RIGI*i Dil) or at MIGIts•er way be required to election,
it my eor correction with tice he udersigned'e undersigned tportioneof plus
tM fund el rate of
UNTO: If the undersigned is a working interest owner and/or operator, M or she guarantees and torrents that all Gas
and Oil tendered Wrestler has bean or wall te produced and delivered in togtlace with inapplicable federal, state
and local laws, orders, rules and regulation.
TENTS: This Division Order shall become valid and binding upon each and every veer above named upon execution hereof
by such oar regardless of whether or not any of the other ebow•twed oars have so signed. No termination of this
Division Order shell be ive without giving Division Order are in conflictthirty
with the provisions ry of ar ell and gas lane written provisions
covering the above-described praprty(ies),
the provision of this Division Order shall prevail. Each undersigned timer retifin ad confirms his oil and gas
lee be being in full force and effect as of the date hereof. In consideration of the purchase of Ms and Oil
hereunder, consent is given"AMGI•and"ATTCO"and any pipeline comity With son may amuse to connect with the wells
and tanks on said land, to disconnect and remove such pipelines. in case of termination by either "AMP, 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 Mich such law or reputation.
B 1437 REC 02384713 04/21/94 15:56 $0.00 2/004
F 2157 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
940346
EXHIBIT A
51546 POTTS X- 13-10,15 011
2704 POTTS X 18-10, 15 CAA
`N NER NO CREDIT TO PERCENTAGE INTEREST
5531 ENERGY MINERALS CORPORATION 5.000000 01
6846 ROBERT L SNYDER 1.31467.0 OI
3047 ARTHUR ANGELI .735670 DI
C/0 BASIN OPERATING/EXPLTN
5979 DAVID M BLANDFORD . 335670 OI
9378 IRIS SMITH .268540 0I
•
1972 ' PAMELA BERNARDINI .107420 01
1975 MATTHEW P STREVER .053710 01
1976 DAN L SCHWARTZ .167840 01
2442 MICHAEL S SMITH 1.335980 OI
C/O. BASIN 'EXPLORATION INC
916 L ROGER HUTSON .080560 0I
1119 W.ELD. 000NTY .878910 RI
BOARD. OF COUNTY COMMISSIONERS
4483 POTTS FARMS . 11:621090 RI
1152 GERRITY OIL 8 GAS CORPORATION 7P.0.00000 WI
100:000000
B 1437 REC 02384713 04/21/94 15:56 30.00 4/004
F 2159 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
A.naan
1^161 _ . .
ASSOCIATED NNTIRIL G15, INC. •
• 7
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 arc correctly shown:
1. Sign your name 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 31% of all production proceeds due you. You may also be subject to a further penalty levied
by the Internal Revenue Service.
8. Your correct mailing address should be noted in the space provided to insure prompt receipt of production
proceeds.
9. The white copy or the "Original" of the Gas Division Order or Gas Transfer Order should be returned to:
ASSOCIATED NATURAL GAS, INC.
P.O. BOX 5493
Denver CO 80217
ATTN: DIVISION ORDER DEPARTMENT
10. 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 DO NOT DETACH the Exhibit from the Gas Division Order or Gas Transfer Order if one is
included.
B 1437 REC 02384713 04 / 21 / 94 15 : 56 $0 . 00 3 / 004
F 2158 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO , CO
900 REPURI C PLAZA • 370 SEVENTEENTH SWEET • DENVER. COLORADO 80202 • (303)595-3331 • FM(303) 595-0480
MAILING ADDRESS P.O. BOX 5403 • DENVER, COLORADO 80217 g1sV7AC
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