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Home My WebLink About911303.tiff AR2268005 RESOLUTION RE: APPROVE OIL DIVISION ORDER FROM EDDY OIL COMPANY TO TOTAL PETROLEUM 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 WHEREAS, Weld County, Colorado, is the holder of a certain lease with Eddy Oil Company, and WHEREAS, said lease covers land more particularly described as follows: Township 4 North, Range 67 West, 6th P.M. O Section 26: W; SE'-,-, o U Weld County, Colorado 0 \ O U WHEREAS, Eddy Oil Company has submitted an Oil Division Order on the asubject property, and ow• o o W WHEREAS, Weld County is entitled to a one-eighth royalty interest on a production, and C U W rn a WHEREAS, in order to receive said royalty interest, Weld County must w execute said Division Order, a copy of which is attached hereto and incorporated to herein by reference, and a w Ha U WHEREAS, said Division Order has been reviewed by a member of the Weld y z County Attorney's staff and found to be in order, and O H \ w ti F H U: x WHEREAS, the Board deems it advisable to approve said Division Order on the Li) p parcel of land described herein. o w o k, 0 1/4O Z N 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld N County, Colorado, that the Oil Division Order as submitted by Eddy Oil Company, >+ 1432 South Lansing Street, Aurora, Colorado 80012, to Total Petroleum, Inc. , 515 aCO Central Park Drive, Oklahoma City, Oklahoma 73105, on the hereinabove described parcel of land be, and hereby is, approved. I/1 k.O H M M p BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, W W authorized to sign said Division Order. 911303 O 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 28th day of October, A.D. , 1991, nunc pro tunc October 1, 1991. ioe.i BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY COLORADO p Weld County Clerk to the Board �i Gordo acy, "iF" rman 44(4,4/S:re Deputy C irk o the Bo�rd� Geoge Kenn ':y, Pro-Tem APPROVED AS FORM: : ` 7.C1— i u - Y 0 e Constance L. Harbert - ":41 o cj County Attorney C. W. Ki y o No �� Al U W. H. Webster 0 a oW 03 o a «, w G a 0 0 W M a .r In r-ig a w HI I-4 m U N O H '•1 E .-1 Vi a w co � ow co w NZ, N ,t O 'N 0 w a tfl r` r-1 M fit Gl r-1 0-1 911303 TO: Total Petroleum, Inc. DIVISION ORDER LEASE NO. 714919 515 Central Park Drive LB Oklahoma City, OK 73105 October 21 , 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 EDDY OIL COMPANY - WOLFSON 26-10 farm or lease, located in WELD County, State of COLORADO , more particularly described as follows: W/2 SE/4 OF SECTION 26-4N-67W Effective 7 a.m., 1st day of OCTOBER , 19 91 ,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: CREDIT TO DIVISION OF INTEREST AS SHOWN ON EXHIBIT A to G o U 0 rh o U A a o W og G 4? W FIRST:The oil purchased in pursuance of this Division Order shall be merchantable and become your property upon delivery'hereof to you or to any pipe line designated by you.Quantities of oil run al and purchased hereunder.shall be computed in terms of 42 U.S.gallons per barrel from regularly compiled tank tables showing the lull capacity of the tanks.Corrections for temperature and deductions for a. 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 ail.shall be steamed or vented when necessary to O render it merchantable. fU 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 al the price for each day's receipts M I:4 posted and upon the basis therein indicated on that day oy you for the same kind and quality of oil in the field in which it is received.If is necessary to transport crude cil hereunder by truck,then,.n that d, event,you are authorized to deduct from such price the trucking charges,together with Federal Transportation Tax thereon.Should the oil be sold by you to another purchaser accepting delivery thereof at tb 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 r▪i t.4 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 cc 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 h, 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 H 1-a 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 gin U ' the same in our behalf. aH rz THIRD:In case of any question,controversy or adverse claim of title which in your opinion adversely affects title to any interest credited hereunder.or in case title shall not be satisfactory to you at any G H time during the term of this division order,each of the undersigned agrees to furnish complete abstract of tide and other evidence of title satisfactory to you and authorizes you to retain the purchase price of cc the oil without obligation to pay interest on the amount so withheld,until satisfactory indemnity shall be furnished you against.such question,controversy,adverse claim or any such defects in title,or until N E any question.controversy,adverse claim or defect to owner'title is settled to your satisfaction.In the evert suit is filed in any court affecting title to oil purchased hereunder,either before or after severance, ,y gs 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 ‘14 harmless and any carrier transporting said ail for your account against any and all liability for loss,cost,damage and expense.including attorney.'fees,which you or the carrier may suffer or incur on W account of receiving,transporting and paying us for said oil. t G W 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 a 44such 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 CO 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 as a result of the completion or discharge of money or kg, ,2, other payments from said interests,or otherwise;and the signers 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, ry 2 agree to give you notice in writing by registered letter addressed to you at Oklahoma City,Oklahoma,when any such money or other payments have been completed or discharged or when any other division ry a' 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 shall not be received,you shall be held harmless in the o event 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 >e undersigned for the above-described property. U a W Qtr FIFTH:Working Interest owners and/or Operators who.sign this Division Order,and each of them.guarantee and warrant for your benefit and that of any pipeline or other carrier designated by you to I% X 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. N W 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 hose so ei el 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 Division te) t)1 Order now in effect and force. N r--f SEVENTH:You are authorized and directed to deduct operating expenses as furnished by'he lease operator rom the undersigned's interest,Of same is a participating or pooled working interest),as set CC ftl out herein,in the oil produced and saved from the above described lands and remit same to the lease operator.The undersigned will look no the lease operator for detailed stammems of all charges and credits of operating expenses at such intervals as agreed upon by the operator and the undersigned working interest owner. SIGNA RE OF WITN SES SIGNATURE OF OWNERS SOCIAL SECURITY OR TAXPAYER NUMBER ATTEST: '�IC D CO CLERK.TO B ARD GO L CY HAIRMAN 84-6000813 BY:�� yL�i�/ • WELD COUNTY BOARD OF COMMISSIONERS -f DEPUTY CLERK TO BOARIY__ ADDRESS: P.O. BOX 758 TELEPHONE: /Q/9g/9/ 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. �y k/�., )41-018 R5'90 QPCo. O1 ¢'T•�,"'ft �• ly * v y 4eR � :-)3 • FTd EXHIBIT A LEASE NUMBER 714919-0 1991-10-18 OWNER NAME AND ADDRESS DECIMAL INTEREST INTEREST AMOCO PRODUCTION COMPANY 0.02848260 RI PO BOX 841521 • P - DALLAS TX752840001 HARRY M. ANDREWS 0.00946830 RI ROUTE 3 - HAXTUN C0807319501 PAUL M. ANDREWS 0.00946830 RI P 0 BOX 1187 - CARBONDALE C0816231187 c OV RAPTOR RESOURCE LIMITED 0.01957790 RI 718 17TH STREET ‘r U SUITE 808 DENVER C080202 a a ow o ETHEL REDIESS 0.00946830 RI c' W 1544 NINTH STREET - A(x ALAMEDA CA945013428 0 V W M a SANDRA PURSE REID 0.01957790 RI .. ..a 117 POIPU DRIVE - HONOLULU HI968252130 a w ri g a' V SCOTTDALE RANCHES 0.03915580 RI r+ Z 4815 S. VINE STREET - .. W ENGLEWOOD C0801107133 ri H � tn a a WELD COUNTY BOARD OF _ 0.00048190 RI o w COMMISSIONERS c Z PO BOX 758 N Q GREELEY C0806320758 0 rs3 ALARADO RESOURCES, LTD. 0.00715800 ORI a 2, 215 UNION BLVD STE 450 Lr) O1 LAKEWOOD C0802281841 1 M M ? ri CP44 AMOCO PRODUCTION COMPANY 0.04698690 ORI PO BOX 841521 DALLAS TX752840001 TED E. AMSBAUGH 0.00049710 ORI - RR 1 BOX 168 BOTTINEAU ND583189723 BUDDY BAKER 0.00113620 DPI - PO BOX 9190 DENVER C0802090190 BARRETT RESOURCES CORPORATION 0.00598490 ORI 1125 17TH ST STE 2400 DENVER 00802022044 T EDDY OIL COMPANY (11 0.00028920 ORI - EXHIBIT A LEASE NUMBER 714919-0 1991-10-I8 INTEREST OWNER NAME AND ADDRESS DECIMAL INTEREST TYPE 1432 S LANSING ST 0.00028920 ORI - AURORA CO800124124 STEPHEN B EVANS 0 .00049710 ORI - 215 UNION BLVD STE 450 LAKEWOOD CO802281841 BARRY L SNYDER 0.00049710 ORI BLDG. 4, 777 S WADSWORTH BLVD STE 215 LAKEWOOD CO802264327 ZENITH DRILLING CORP. 0.00127250 ORI - 505 FOURTH, FINANCIAL CENTER 100 N BROADWAY ST WICHITA KS672022212 APACHE JOINT VENTURE 0.80000000 WI - Ci0 EDDY OIL COMPANY 1432 50. LANSING AURORA CO800124124 Ln O o V 0 in V A a a 4 a3 W a a O U W Ma tr N �+ x a w � a cV H � W H H r-1 tn a w ow o ra., Co W N ",Z N a O ua w � a in o � •,:r M p) w o+ rig TOTAL Total Petroleum,Inc. G( - SUITE 200 515 CENTRAL PARK DRIVE OKLAHOMA CITY. OKLAHOMA 73105-1702 _ rTELEPHONE 405 525-8100 C INSTRUCTIONS TO ALL INTEREST OWNERS REFERENCE: Well Name: Wolfson 26-10 Lease Number: 714919 Former First Purchaser: Amoco Production Company Effective Date: October 1, 1991 (Read carefully before signing the enclosed instrument.) Due to the change in purchasers, your check for oil production will now be issued by Total Petroleum, Inc. We are anxious to open your account for payment and, in most cases, can do so upon receipt of your signed division order. If you were in suspense with the former purchaser, we will work with you to resolve the cause for suspense. 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 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. If the enclosed instrument is signed by an Agent, Guardian, 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. Please provide your social security or taxpayer identification number. Failure to furnish this number will result in a 20% backup withholding tax in accordance with federal income tax law and may subject to you a $50.00 penalty by the I.R.S. 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. 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. 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. 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. 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 ABOVE. RETAIN THE EXTRA COPY FOR YOUR RECORDS. Sincerely, Lori Bartlett Division Order Technician (405) 557-7063 911303 Hello