Loading...
HomeMy WebLinkAbout920849.tiff RESOLUTION AR23o3s62 RE: APPROVE OIL AND GAS DIVISION ORDER TO NATIONAL COOPERATIVE REFINERY ASSOCIATION 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 an Oil and Gas Division Order to National Cooperative Refinery Association, P.O. Box 1404, McPherson, Kansas 67460-1404, and WHEREAS, said Division Order covers land more particularly described as follows: Township 6 North, Range 65 West, 6th P.M. Section 22: NW! NE! 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 Oil and Gas Division Order to 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. B 1351 REC 02303562 09/15/92 15 :11 $0 .00 1/005 F 0374 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 920849 Lam'�t L G C. ,�l�t� ! C DIVISION ORDER - NCRA PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of September, A.D. , 1992. // BOARD OF COUNTY COMMISSIONERS ATTEST: ad/ � WELD CO TY, COLORADO/Weld County C1 Fo the ,Board �� j eor Ken dy, Chairman BY: by , ., ;),, / +,'. : 6'�i/�jT��'l_r_a Deputy Clerk to ,Ibe Board Constance L. Harbert, Pro-Tem APPROVED AS 0 ORM: t~' t C. W. Kirb C A? .; lGe F County Attorney Gord acy <�c/t% 1u W. H. We ster $0 .00 2/005 B 1351 REC 02303562 09/15/92 15 :11 F 0375 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 920849 DIVISION ORDER NATIONAL .:OOPERATIVE REFINERY ASSL.,IATION Analyst : RLK tt TO: NCRA \Re [ DATE: August 26, 1992 P. O. Box 1404 "p111 LEASE NAME: MEL BICKLING McPherson, KS 67460-1404 31-22 LEASE NO: 06686 Attention: Division Order Department The undersigned, and each of them, guarantee and warrant that they are the legal owners in the proportions set out below of all the oil and gas produced from the following described premises and until further written notice you are authorized to receive oil and gas therefrom, giving credit as directed below, effective as of 7:00 a.m. , Date of First Run (8-1-92) Township 6 North, Range 65 West Section 22: NW/4 NE/4 Weld County, Colorado Credit to Division and Kind of Interest FOR DIVISION OF INTEREST SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART OF THIS DIVISION ORDER The following covenants are a part of this division order and shall be binding on the undersigned, their successors, legal representatives, and assigns: FIST: Saidotl shall become your property upon the delivery thereof to you or loony earner,pipeline,person,firm or Corporation designated by you to receive saido.l. SFElac The oil purchased and received hereunder shall bedelivered l.ob lowly carrier.pipeline,tanksorother facilities designated by you which gathers and receives said oil,and you agree to paylor such oil to the respective owners according to the division of interest herein speolied al the price posted by NCRA for oil of thesamegrade gravity and quality from the held or area in which the aloredesmtbed base orpremisesis located on the date said oil is received by you,less any tax you mayb arrangements made with the operator. erequiredto pay anti loss applicable trucking opipaline gathering charges in accordance with 1)a Quantitiesof oil purchased hereunder shall be computed in accordance with thecorditionsspeciliee in the price posting of NCRA.You have theunquaklied right to refuse toreceiveanyoil net considered merelanmble by you or of acceptable quality. F(X TIt The pprC00eds ,such aocerdmgte the divisionanany f tares es or other scout here es as arcre herein pprovided anti except as is provided in paragraph SIXTH.shall be paid monthly(circa received and purchased widen their herein designated,except if the amount payable to any party shall be less than$25.00 payment shall be made semi-annually. FIFTH: Operators and/or working interest owners,and each of them by execution of Ihisdivision order,herebycertifyand warrant that all oil sold hereunder has been and will be produced and handled in compliance with the Fair Labor Standards Am of 1938,any amendments thereto,the regulationsprom,ulgated thereunder,and all other applicable federal,state and municipal laws,rules and mg u lations. SIXTH: Abstracts or other ot itt N�tisfactory to you,will be furnished upondemand.lf,in your opinion the undersigned does not have good and merchantableIdle.or in case of adverse([Emit f title to the land and/or oil you are authonaed to withhold,without interest and without liability.the been furnished or untilsuch title is mate acceptable to you or until such adverse claim is settled to purchase price or posses of and oft,endlindemn writtecorye teams shall bagmen you at the above address by the partyor parties eflecled,together with acertified pyurcadco,npon Ifrptte on.file The panytrparties&felerryhee undersigned,agetol indemnity you against any judgement rendered therein and torelmburseyou for any cost,attorneys teaser otherex copy con complaint ether petition.hhe perry operates alledted thereby agreeeindemndy you against any penes incurred in connection therewith. Stsba.H: You will not be responsible for anychsgeot ownership the absence of actual notice and pool thereof sattsfaol signed by transferor and transleree together wither certified copy of the recorded instrument evidencing such transfer.An cry eranand receipt byyou of aprctive aeexecuted beam me hrst day°I the calendar month following the receipt of said notice.Withoutr to whether an contingencyYchresslygeor tt teadin oflnteeionorder,you are effective relieved eiveo am.on wbtaty for determining when any of the interest hereinshall shed be anyermndiherpaexpreaal reeteoftheilsinnerichargeof money, y,predction orothe increase,receive ivei diminish,or said onceextinguished or creelrever and to wan lerord orders to thelco the completion,youwr ord payments v Irma of said masted or lev any theaforesanand antdypureeeiv9a tort'proofandttan f rorderaa a not rndaree by yrue6 a thaabe held armareftor rrorresuong in ov,r oeducerpayoher above paymentol any sums.evMl lhne aforesaid written tulip,satisfactory proof and transfer orderable not receivedcloy authorized to remit pursuant to the ma wrong payment of any sums.' byYou.You shaa 0e hew harmless tor error resulting in over or under payment, IMPORTANT To Avoid Delay In Payment - Your Correct Address and Social Security Number or Tax Account N mber Must Be Shown. G:2 Witness: Aft s : a Owner's signature: WE D C tutu CL RK 0 BOARD Weld County Board of County Commissioners KEG I � By: sz YOU RtrO) R TO B A � P^ 09/14/9- Tit le: CHAIRMAN Owner's Address: 915 10TH STREET P.O. BOX 758 GREELEY, CO 80632 Owner's Social Security or Tax Account No. 84-6000813 If an individual your signature must be witnessed. If a partnership all partners must sign. If a corporation execution and attestation must be by authorized officer, indicating the officer's corporate title. B 1351 REC 02303562 09/15/92 15 : 11 $0 . 00 3/005 F 0376 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 920849 August 26, 1992 MEL BICKLING 31-22 - 06686 Weld County, Colorado EXHIBIT "A" PAGE ONE ROYALTY INTEREST DECIMAL OF INTEREST Janice Louise Wojciak . 0153165 RI Harlan Robert Stoffregen . 0153165 RI Weld County Board of County Commissioners . 0011953 RI Melvin T. Bickling & Imogene M. Bickling . 0204220 RI Florence F. Bickling . 0204220 RI Margaret Ruth Bickling . 0102110 RI Becky Jane Hamilton . 0025528 RI James Spencer Bickling . 0025527 RI John Daniel Bickling . 0025527 RI Estate of Herbert C. Bickling . 0204220 RI Estate of Mary F. Koeneman . 0204220 RI Sharon F. Heinz . 0025528 RI The New Cache La Poudre Irrigating Company . 0012727 RI TOTAL ROYALTY INTEREST . 1352110 RI OVERRIDING ROYALTY INTEREST Robert L. Armantrout . 0022141 ORI Chris L. Christensen, Jr. . 0032675 ORI Energy Minerals Corporation . 0039211 ORI C. A. Patchen . 0016337 ORI Wally Bakken . 0032675 ORI Theodore D. Sheldon . 0181212 ORI Charles E. Tatham, III . 0022141 ORI John G. Brant, Trustee of . 0024183 ORI of Doussard, Brant, Model & Markham Profit Sharing Trust TOTAL OVERRIDING ROYALTY INTEREST .0370575 ORI B 1351 REC 02303562 09/15/92 15 : 11 $0 . 00 4/005 F 0377 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 9Z0849 August 26, 1992 MEL BICKLING 31-22 - 06686 Weld County, Colorado EXHIBIT "A" PAGE TWO WORKING INTEREST DECIMAL OF INTEREST Oxford Exploration Company .2826399 WI Nichols Oil Company . 0999334 WI Prima Exploration, Inc. — . 0056528 WI A/C H & C Colton Co . Gerrity Oil & Gas Corporation . 2998001 WI Frank Wilson, Jr. . 0169584 WI Prima Exploration, Inc. . 0399735 WI J. Cleo Thompson, & James . 0399735 WI Cleo Thompson, Jr. A Partnership SBH Associates , Inc. . 0427999 WI TOTAL WORKING INTEREST .8277315 WI TOTAL LEASE INTEREST 1 .0000000 B 1351 REC 02303562 09/15/92 15 : 11 $0 .00 5/005 F 0378 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 90 ',49 W-9 Request Give this form Form \t•9 for Taxpayer to the requester. Do (Rev.April 1990) Identification Number and Certification NOT send to IRS. Department of the Treasury Internal Revenue Service Y Name (If joint names,list first and circle the name of the person or entity whose number you enter in Part I below.See Instructions under"Name"it your name has changed.) 0. W DO s s st'gs List account number(s) Address(number and street) here(optional)915 10TH STREET City,state,and ZIP code GREELEY, CO 80631 84-6000813 e • rt li For Payee s Exempt (om Backup rt I Tax•a er Identification Number(TIN) Instructions) Enter your taxpayer identification number in social security number the appropriate box. For individuals and sole proprietors,this is your social security number. For other entities, it is your employer OR identification number. If you do not have a Requester's name and address(optional) number,see How To Obtain a TIN, below. Employer identification number Note:If the account is in more than one name, I see the chart on page 2 for guidelines on whose 8 4 x 6 0 0 0 8 1 3 number to enter. Certification.—Under penalties of perjury,I certify that: number to be (1) The number shown on this form is my correct taxpayer identification number(or I am waiting for a h have not beenissued ito byme), ),aand (2) I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c) the IRS has notified me that I am no longer subject to backup withholding. Certification Instructions.—You must cross out item withholding because of underreporting interest or dividends on youabove if r tax return.ou have For ealen lestaed te transactions,IRS that ou ritem e r(2)does not apply.For p mortgage interest paid,the acquisition or abandonment of secured property,contributions to an individual retirement arrangement(IRA), and TIN.(Also see payments ymen the than interest and Specific Instructions,you ouio are e,o not n parequired e r 2.d to sign the Certification,but you must provide your correct gPlease pp 1992 Sign �/ �G/X Date SEPTEMBER 9, Here Signature►✓� ,..,i��'.-- (2)IRS notifiestherequester that you Instructions requester.For reportable interest or dive furihed an incorrect TIN,or payments,the payer must exercise one o the is You are ic notified INby,or that you are (Section references are to the Internal Revenue following s options0 day perod concerning option(1),withholdingsubject to backup withholding because you failed Code.) a er must backup withhold on any withdrawals to report all your interest and dividends on your fPurposeinformation of tm.—A personwith is required ob obtain to payer make from your account after 7 business tax return(for reportable interest and dividends your ile an rettaxpayer return do must ber(T you ays after the requester receives this form back only),or r port income paid d to you.real estate number(TIN) from you.Under option(2),the payer must (4)You fail to certify to the requester that you to report income g to ne ,real t backup withhold on any reportable interest or are not subject to backup withholding under(3) transactions,mortgage interest you paid,the dividend payments made to your account, above(for reportable interest and dividend ac- acquisition or abandonment of secured property, regardless of whether you make any withdrawals. counts opened after 1983 only),or re retirement arrangement r you n (Ito). rm The backup withholding under option(2)mustf 5 You fail to certify your TIN.This applies furnemeot cotTINto the h . eUque ter the-9 to begin no later than 7 business days after the (5) person your k g you to TIN to your TIN),and, requester receives this form back.Under option only to reportable interest,dividend,broker,or 2 barter exchange accounts opened after 1983,or applperson asking you furnish TIN),and,when the broker accounts considered inactive in 1983. furnishing 1)tocertor that the o are you arewithhelG if yourcertified TIN is receiveddwthins furbe is issued),(that)to cerayehai you for a the 60-day period and you were not subject to Except as explained in(5)above,other I number to t issued), h lding,andtyouare backup withholding during that period. reportable payments are subject to ba'ku not subjectejempoon from bwackup withholdinghd to claim ies. re exemption payee. Fucks)nourcorrect if you Note:you Writing ve already eady applied on the forTIN m hat withholdingCertain payees and payments are s exempt are pa Furnishing Certifications TIN that o itendato apply for en the ORneaNt , from backup withholding and information and making the rai appropriate ymen cm being suswill y prevent certain payments from being subject to As soon as you receive your TIN,complete reporting.See Payees and Payments Exempt the 20%backup withholding. another Form W-9,include your TIN,sign and From Backup Withholding,below,and Exempt Note:If a requester gives you a form other than date the form,and give it to the requester. Payees and Payments under Specific a W-9 to request your TIN,you must use the What Is Backup Withh ladle er-required to Sw makingld Instructions,pay on page 2,if you are an exempt requester's form. certain paypayees and Payments Exempt From Backup How To Obtain a TIN.—If you do not have a TIN, and pay to IRS 20%of such payments under is apply for one immediately.To apply,get Form certain conditions.This is called"backup I Withholding—Thefolllowingis aantlof payees es SS-5,Application for a Social Security Number withholding."Payments that could be subject to backup . g Card(for individuals),from your local office of backup withholding include interest,dividends, no information reporting is required.For interest the Social Security Administration,or Form SS-4, broker and barter exchange transactions,rents, and item dividends,all lFos listed pa eenare exempt emcayees Application for Employer Identification Number royalties,nonemployee compensation,and (for businesses and all other entities),from your certain payments from fishing boat operators,but listed in(1)through(13)and a person registered do not include real estate transactions. under the Investment Advisers Act of 1940 who local Internal RevForm enue Service ufdo not If you give the requester your correct TIN, regularly acts as a broker are exempt.Payments To complete""Applied W-9 the f space ac have TIN mak th appropriate certifications,and report all subject to reporting under sections 6041 and TIN,Part I,sign and For"in , forgive the your taxable interest and dividends on your tax 6041A are generally exempt from backup in e I, date you ur form, and it to the requester.Generally, will then have 60 days return,your payments will not be subject to withholding only if made to payees described in to obtain a TIN and furnish it to the requester.If backup withholding.Payments you receive will be itemChats provides through except that a carecorporation the requester does not receive your TIN within 60 subject to backup withholding if: that and medical e ca a nth for such a is days,backup withholding,if applicable,will begin (1)You do not furnish your TIN to the and continue until you furnish your TIN to the requester,or Form W-9.(Rev.4-90) 9r0: 4°) vVPttt .5 Read r-refully before signing you 7ivision Order :s:s =NSTRUMENT SHOULD NOT BE ALTERED IN ANY WAY UNLESS ACCOMPANIED BY DOCUMENTARY EVIDENCE JUSTIFYING THE CHANGE. ANY JORRECTIONS IN SPELLING OF YOUR NAME SHOULD BE MADE IN INK AND YOUR INITIALS SHOWN ABOVE THE CORRECTION. SIGNATURE: Sign your name as shown on the Division Order, in the space provided. 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 party(ies ) , we must have evidence to support this . SIGNATURE BY SECOND PARTY: If the Division Order is signed by agent, attorneys-in-fact, guardian, trustee or any party other than the designated interest owner, we must have evidence of the rights vested in the signatory party. MAILING ADDRESS: 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 :eaeral law, please indicate your Taxpayer Identification Number or Social Security Number, whichever is applicable, in the space provided. LEASE NUMBER: In the upper right hand corner of the Division Order 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. RETURN THE EXECUTED DOCUMENT WITHOUT DELAY TO THE ADDRESS BELOW. KEEP ONE COPY FOR YOUR RECORDS. NATIONAL COOPERATIVE REFINERY ASSOCIATION ATTENTION: DIVISION ORDER DEPARTMENT NCRA BLDG. 2000 SOUTH MAIN, P.O. BOX 1404 MCPHERSON, KS 67460-1404 920:;49 7•r7/ NA .ONAL COOPERATIVE REFI. :RY ASSOCIATION 2000 South Main Street, P.O. Box 1404, McPherson, Kansas 67460 _ 4 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 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) 97',0...;49 CHANGES AFFECTING PAYMENT FROM NCRA page 2 Documentation Required by our Office Situation 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 a 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 n 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 a Copy of death certificate of joint tenant and one dies 9E0,::413 ti National Cooperative Refinery Association 2000 SOUTH MAIN ST. • P.O. BOX 1404 • McPHE6E1414CAAUSi6T8�480 • 318/241-2340 A')1 32 Ali 9: 06 C!E«;( August 26, 1992 TO THE SC;;ID Weld County Board of County Commissioners Weld County Centennial Center 915 10th St . Greeley, CO 80631-1123 RE: MEL BICKLING 31-22 - 06686 Weld County, Colorado Dear Interest Owner: Effective August 1 , 1992 , National Cooperative Refinery Association (NCRA) began purchasing the crude oil production from the referenced property. Enclosed are two copies of NCRA' s Division Orders for your execution . Please sign them before witness, making sure to affix your mailing address and either your social security number or federal id number in the spaces provided. Without the appropriate tax information included, we are required by the IRS to withhold twenty per cent (20%) of all payments . One copy of the Division Order, when fully signed, is to be returned to this office in the enclosed envelope. The remaining copy is for your files . If you have any questions, please contact me. Sincerely, NATIONAL COOPERATIVE REFINERY ASSOCIATION tAGACta- @t5 t Rhonda L. Klatt Title Analyst Enclosures RLK:ag 920;1:49 Supplying Refined Fuels FARMERS UNION CENTRAL EXCHANGE, INC., (GENE%), SAINT PAUL, MINNESOTA• FARMLAND INDUSTRIES, INC., KANSAS CRY, MISSOURI To Our Member-Owners GROWMARK,INC.,BLOOMINGTON,ILLINOIS• MFA OIL COMPANY,COLUMBIA MISSOURI Hello