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HomeMy WebLinkAbout911394.tiff RESOLUTION AR2271911 RE: APPROVE DIVISION ORDER TO TOTAL PETROLEUM, INC. FROM SCOUT ENERGY 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 rn o o U WHEREAS, Weld County, Colorado, has received a Division Order to Total r-r p Petroleum, Inc. , 515 Central Park Drive, Oklahoma City, OK 73105, from Scout U Energy Corporation, P.O. Box 1348, Edmond, OK 73083, and Q a o WHEREAS, said Division Order covers land more particularly described as a W follows: � w ca x Township 12 North, Range 58 West, 6th P.M. Section 27: NE; aWeld County, Colorado N .. W x WHEREAS, Weld County is entitled to a one-eighth royalty interest on a aproduction, and rn U Hi ✓ WHEREAS, in order to receive said royalty interest, Weld County must N H execute said Division order, a copy of which is attached hereto and incorporated —Ico a herein by reference, and w � w � w O WHEREAS, said Division Order has been reviewed by a member of the Weld o) N Z County Attorney's staff and found to be in order, and N O U W WHEREAS, the Board deems it advisable to approve said Division Order on the a parcel of land described herein. rnrer. 1m � oN NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld tx, County, Colorado, that the Division Order to Total Petroleum, Inc. , 515 Central Park Drive, Oklahoma City, OK 73105, from Scout Energy Corporation, P.O. Box 1348, Edmond, OK 73083, 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. 911394 Lt tn — �c; / 7O l ti PK �,, ScOce j K�Ete�y Page 2 RE: DIVISION ORDER - TOTAL PETROLEUM, INC. The above and foregoing Resolution was, on motion duly made and seconded, adopted b the following vote on the 2nd day of December, A.D. , 1991. ATTEST: Ma44 BOARD OF COUNTY COMMISSIONERS WELD COUNT , CO ORADO Weld County Clerk to the Board Gord . Lacy, an Deguty Iferk1'!l,the Board George Kenn ly, Pro-Tem _ APPROVED AS W ,F(a�RM: a , Constance L. Harbert County Attorney C. W. rKirby m U W. H. Webster o U 0 N0 U Q a 0w o g o W yr W Q a 0 U W � x N Hx x w Ha rn U H H H H N W N H x W H .7 H w rn W H N N Z N a O Ua w a O1 •rr H Ol rn 0 911394 H N x w DIVISION ORDEF — Lease No. 304643 TO:-Total Petroleum, Inc. - 515 Central Park Drive LGT `sf Li1„. Oklahoma City, OK 73105 TTSeptember„12 ;,a 91 The undersigned and each of us, certify and guarantee that we are the legal owners of and/lherl'by?`war nt fit`s title to our respective interests as set out below in all oil produced from all wells on the SCOUT ENERGY CORP. -- WELD COUNTY 1-R C ;I_., rmor lease, located in Colorado N(1 tt Weld County, Slate of , �oYe described as follows: cc) O O U NE/4 of Section 27-12N-58W rriri O U Q a oW 0 3 //d �/ FIRST RUN Jul 30 91 Effective 7 a.m., s )r , I9 ,and until further notice,you are hereby authorized to receive, o a' purchase and give credit for all oil received from said property subject to the conditions, covenants and directions following: O W x CREDIT TO DIVISION OF INTEREST O U WELD COUNTY, COLORADO .1250000 R.I. TAX EXEMPT w to x A J. KYLE CARTER .0200000 O.R.I. co CAROL ANN CORRIGAN .0100000 O.R.I. a Q1U JAMES H. HUTCHISON .0312500 O.R.I-. �z �tj J. H. HUTCHISON, INC. .6021750 W.I. N [ r-I VJ w THE PROSPECT COMPANY . 1220625 W.I. � D -4 C4 JOSEPH P. SCHNEIDER .0813750 W.I. Is f=a SCOUT ENERGY CORP. .0081375 W.I. N 7 N O TI FIRST:The oil purchased-n pursuance a of this Division Order shall be merchantable and become your property upon delivery th rf to you or to any pipe line designated by you.Quantities of oil run U i w and purchased hereunder h II be computed in terms oil?U.S. II per barrel from regularly compiled tank rabies showing the full capacity of the tanks.Corrections for temperature and deduction,for W dirt.sediment and other impurities are to be made in accordance with your rules regulations and customs in effect at the time and place of delivery.The oil shall be steamed or treated when necessary to x render it merchantable. Lfl SECOND:The oil received in pursuance of the Division Order shall be paid for to the party or parties entitled thereto according to division of interests shown above at the price for each day's receipts r•101 pnaM+nd opon the b.'s,Mergin indmated on Muta by yEnn for ihe same kind g d-_a En the ficEd in yykiich- Es received.If' is nem:scaryt nsrort- cie oil hereunder by rruck M1en.In that O9 O event,you are authorized to deduct from uch price the trucking charges,together with Federal Transportation Tax thereon.Should the oil be sold by you to another purchaser accepting delivery thereof at "H N 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 purchased during the preceding month by your checks delivered or mailed to the respective parties at the addresses stated.However.it is agreed,if the amount payable to any of the undersigned is less than Ian w the statutory minimum sum during any month you may withhold payment thereof,without interest,and in lieu of monthly settlement,make payment at such time as a statutory minimum sum has 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 statutory accumulated to the credit of the undersigned.Pipe line grades and measurements are to govern and control in all settlements,subject to the provisions of price postings above referred to concerning computation of quantities.The undersigned authorize you to withhold from the proceeds of any and all runs made hereunder the amount of any tax placed thereon,or on the production thereof,by any governmental authority,and to pay the same in our behalf. THIRD.In case of any question, t o er y or adverse claimf title which in your opinion adversely at fe is rale to any interest credited hereunder,or in case tale shallsatisfactory the to you any time during the term of the division order,each of the undersigned agrees to furnish complete abstract of title and other evidence of title satisfactory to you and authorizes you to retain the purchase puce of the oil without obligation to pay interest on the amount so withheld,until satisfactory indemnity shall he furnished you against such question,controversy,adverse claim or any such defects in title,or until any question.controversy',adverse claim or defect to owner/title is settled to your satisfaction.In the event suit is filed in any court affecting title to oil purchased hereunder,either before or after severance. the undersigned agree to indemnify and save you harmless from any and all costs in connection with such action.including attorneys'fees;and further the undersigned agree to indemnify and save you harmless and any carrier transporting said oil for your account against any and all liability for lass,cost,damage and expense,including attorney:fees,which you or the carrier may suffer or incur on account of receiving.transporting and paying us for said 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 which notice is received by you.You are hereby relieved of any responsibility for determining if and when any of theinterests heremabove set forth.hall or should revert to or be owned by other parties either as a result of the completion or discharge of money other payments from said interests otherwise;and the isigners hereof whose interests are affected by s 'h money or otherpayments.if any.or by the 'o or change of an interest for any other agree to give you notice in writing by registered letter addressedto you tOklahoma City,Oklahoma,wM1 any 'h money o tit payments have been completedo discharged or when any other division of interest than that set forth above shall for any reason,become effective and to furnish transfer de accordingly.and that in the event such notice shall not be received.you shall be held harmless-n E he evem of,and are hereby released from any and all damage or loss which might arise out of any overpayment.The undersigned hereby further agrees to reimburse you for all amounts incorrectly paid to the undersigned for the above-described property. FIFTH:Working Interest owners and/or Operators who sign this Division Order,and each of Omm,guarantee and warrant for your benefit and that of any pipeline or other carrier designated by you to run or transport said oil,that all oil tendered hereunder has been and/or will be produced in accordance with applicable laws and/or official rules and regulations. NINTH:This Division Order shall become valid and binding on each and every owner above numed ac soon as signed by such owner.regardless of whether or not all of the above named owner,hme so signed and shall likewise be binding upon the heirs,personal representatives,successors and assigns pt the parties hereto,and the undersigned hereby agree to all the terms and conditions of the()nitwit Order now.in effect and force. SEVENTH'You are authorized and directed to deduct operating expenses (shed by M1ermc operaor from the undersgned's'nterea IT saMe isap iipt'ng or pooled working interest).aat out herein in the oil produced and saved from the above described lands and remit same tt the lease operator.The undersigned gned will look to the lease operator for detailed statements or all charges and credit s of operating expenses at such intervals as agreed upon by the operator and the undersigned win king interest owner. SIGNATURE OF WITNESSES SIGNATURE OF OWNERS SOCIAL SECURITY OR TAXPAYER NUMBER WELD COUNTY, COLORADO i By° ��� - - �2 iiq l � t . ADDRESS: TELEPHONE: I 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. 34TOIS R':90 OPCo. Sill: 94 TOTAL Total Petroleum,Inc. SUITE 200 515 CENTRAL PARK DRIVE OKLAHOMA CITY. OKLAHOMA 73105-1702 TELEPHONE 405 525-8100 Attention: Lisa Teague Telephone: (405) 557-7064 INSTRUCTIONS TO ALL INTEREST OWNERS (Read carefully before signing the enclosed instrument.) THE ENCLOSED INSTRUMENT SHOULD NOT BE ALTERED IN ANY WAY UNLESS ACCOMPANIED BY DOCUMENTATION SUPPC2TING THE ALTERATION. SIGNATURE: Sign your name as shown on the enclosed document. Please type or print your name below your signature together with your current address and social security number or taxpayer identification number. Have your signature witnessed by two people, not related to the party signing. If signing for a partnership, ALL of the partners must sign, unless a specific partner has been given signatory rights. A certified copy of his authority must be furnished. If signing for a corporation, instrument must be executed by the president or vice-president. The signature MUST be attested, corporate seal affixed and title of the signatory party shown. SIGNATURE BY If the enclosed instrument is signed by an Agent , Guardian, SECOND PARTY: Attorney-In-Fact, Estate Representative, Trustee, or any party other than the named interest owner, evidence of the executory rights of the signatory party must be attached. SOCIAL SECURITY Please provide your social security or taxpayer identification NUMBER OR TAX number. Failure to furnish this number willresult in a 20% IDENTIFICATION backup withholding tax in accordance with federal income tax NUMBER: law and may subject you to a $50.00 penalty by the I.R.S. MAILING ADDRESS: Indicate in the space provided the proper check mailing address. PRINT OR TYPE. If you are already receiving checks from this company, please be certain to use the same address to which we are now mailing checks. LEASE NUMBER: The lease number that appears on the enclosed instrument will appear on the detail attached to your check and should ALWAYS be used when corresponding with this company. ADDRESS CHANGE: You should notify us PROMPTLY of any change in your mailing address. This notice must be over your own signature, or the signature of your appointed agent. Always include your owner number (which appears on your check from this company) and your old address. Then state your new address WITH ZIP CODE. SUSPENSE: If the word "suspense" or "requirement" appears next to your interest on the Division Order, you should contact the Operator and take whatever steps are necessary to clear the title problems so the interest can be released for payment. CHECKS: No check will be issued by Total Petroleum, Inc. unless $25.00 or more is accrued for a particular owner number, except in December when checks will be issued regardless of amount. PLEASE USE THE ENCLOSED, SELF-ADDRESSED ENVELOPE AND RETURN THE EXECUTED AND COMPLETED INSTRUMENTS, WITHOUT DELAY, TO THE ADDRESS BELOW. RETAIN THE EXTRA COPY FOR YOUR RECORDS. TOTAL PETROLEUM, INC. 515 Central Park Drive, Suite 200 Oklahoma City, Oklahoma 73105 ei i.1911 Scout Energy Corp. e) ER,; P.O. Box 1348 TO TEF { G'j..'.'.Edmond, Oklahoma 73083-1348 (405) 348-5486 November 27, 1991 Board of County Commissioners Weld County ATTN: Betty Centennial Center 915 Tenth Street Greeley, Colorado 80631 RE: NE/4 Sec 27-12N-58W Weld County, Colorado Dear Betty: Please be advised that the address for all notifications concerning the Board of County Commissioners of the County of Weld County oil and gas lease covering the NE/4 of Section 27 , Township 12 North, Range 58 West, Weld County, Colorado, should be: Scout Energy Corp. P. O. Box 1348 Edmond, Oklahoma 73083-1348 Your prompt attention to this matter will be greatly appreciated. If there are any questions, please feel free to call. Sincerel� D4• La James H. Hutchison JHH/cac L � /36 Hello