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HomeMy WebLinkAbout910357.tiff 0.2249-0137 RESOLUTION RE: APPROVE OIL DIVISION ORDER FROM ASSOCIATED TRANSPORT AND TRADING COMPANY, 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 Division Order from Associated Transport and Trading Company, and In O o U WHEREAS, said Division Order covers land more particularly described as O follows: U O Township 6 North, Range 66 West 4 Section 26 0 GI 3 Weld County, Colorado oW hW a WHEREAS, Weld County is entitled to a one-eighth royalty interest on Uproduction, and W Na M " A WHEREAS, in order to receive said royalty interest, Weld County must o W execute said Division Order, a copy of which is attached hereto and incorporated W herein by reference, and H a cm t...) o H WHEREAS, said Division Order has been reviewed by a member of the Weld W County Attorney's staff and found to be in order, and ow o x w r D WHEREAS, the Board deems it advisable to approve said Division Order on the o w parcel of land described herein. rn cZ N ,Z N st NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld U a County, Colorado, that the Oil Division Order as submitted by Associated W Transport and Trading Company, P.O. Box 5493, Denver, CO 80217, on the a hereinabove described parcel of land be, and hereby is, approved. 1` N O� ,--I '-1 BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Division Order. 910357 r Fcrilo Page 2 RE: DIVISION ORDER - 526, T6N, R66W The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of April, A.D. , 1991. � BOARD OF COUNTY COMMISSIONERS 0o V ATTEST: guhil/b` //Le7 WELD COUNTY, OLORADO cl� O Weld County Clerk to the Board Ca Gord. ' a yU airman a I 03 By: atAk(01 .� /���CiY�� EXCUSED DAT OF SIGNING o a Deputy Clerk to the Board�,J/ George Kennedy, Pro-Tem n r4 a APPROVED A 0 FORM: EXCUSED 0 Constance L. Harbert 12 n County Attorney C. W. Kirby o a / 1,(12,40t7 cn U W. H. Webster cn m O H � W n F o vi o: W r- D oW ow m c z N 2 N F4 O W a t-- 01 HI N 01 H H M fz 910357 • OIL DIVISION ORDER TO: ASSOCIATED TRANSPORT & TRADING COMPANY Lease No. 50383 P.O. Box 5493 Date April 15, 1991 0 Denver, CO 80217 o The Undersigned, and each of us, guarantee and warrant that we are the legal owners of our respective interest, en O in the proportions hereinafter stated, in all oil, condensate and/or other hydrocarbons produced and saved from the Weld Payne 2-26 lease, located in County, State of Ll Colorado ,described as follows: a o Township 6 North; Range 66 West o • w Section 26 a a 0 March 1, 1991 N a Effective at 8:00 A.M. , and until further written notice, you are authorized to receive all such oil r+i production, for your own purchase or for resale,to receive payment therefor, to give credit for all proceeds derived therefrom and pay •• therefor as follows: m o D4 Division of Interest Decimal WOwner No. Credit To � a m CV mz O H SEE ATTACHED EXHIBIT "A" FOR DIVISION OF INTEREST tn F o w a W ✓ p ow o W rn et N Z O 1;2 N M O1 r-1 N O H All covenants appearing on the reverse side hereof are incorporated herein by reference and the undersigned agree that each shall PP W be deemed and considered an essential part of thisdivision order in like mannerand with the same effect as if printed above our signatures. The undersianed express!y waive any claim against you for any and all amounts which may be due usfrom others for production prior to the effective date hereof. Social Security# or Tax I.D. Sign re of Witn Signature of Owner Number e s 11:77/ � 8 ATTEST: 84-6000813 �w%% 's W COUN TO BO RD CHAT , OAR COUNTY COMMISSIONERS BY• a _etc Address P•O. B 758 D PUTY C E K T BOARD GREELEY, CO 80632 Address 1 'S t t r ' ORIGINAL - Return to ATTCO COPY- for your files (110357 oo7s The following covenants are also part of this division order and shall be binding upon the above signed and upon his or her successors,legal representatives and assigns. FIRST: The word"OIL"as used herein is hereby declared to include,but is not limited to,condensate and all marketable liquid hydrocarbons produced and saved hereunder.All oil received and purchased hereunder shall be merchantable oil and shall become your property as soon as the same is received into your custody or that of any carrier designated by you.You are not expected to receive oil in definite quantities,nor for fixed periods,nor to provide storage. SECOND: The oil received and purchased hereunder shall be delivered f.o.b.to any carrier designated by you which gathers and receives said oil, and you agree to pay for such oil to the above signed according to the division of interests herein specified at the price agreed upon between you and N O the lease operator. oU O THIRD: Quantities of oil purchased hereunder shall be determined by the method of measurement and computation employed by you or the d' O Agent designated by you to receive such oil including but not by way of limitation,the gauging of storage tanks using regularly compiled tank tables, U the use of certified truck gauges,and the use of meters or any other reasonably accurate method of measurement and computation.You shall fa correct the volume and gravity to a temperature of 60 degrees Fahrenheit and you shall deduct from such corrected volume the full percentages of basic sediment,water and other impurities as shown by your test.You may refuse to receive any oil not considered merchantable to you. O W OS FOURTH: Payments shall be made monthly for oil received and purchased during the preceding month,by your checks delivered or mailed to the C A W above signed at the address above stated,provided that if,at any time,the monthly payment due the above signed hereunder shall be less than q twenty-five dollars($2500),you may defer such payment,without interest,until the amount payable to the above signed equals or exceeds the sum 0 of twenty-five dollars($25.00),in which event,payment shall be made at the next regular settlement date.You are hereby authorized to withhold U from the proceeds of any and all runs made hereunder the above signed's proportionate share of any tax levied and assessed by any governmental W authority on the oil received and purchased hereunder and to pay the same. N ai M .. w FIFTH: The above signed agrees to furnish evidence of title satisfactory to you. Until such evidence is furnished or in the event of any adverse Oclaim,oil related lien or dispute at any time concerning title in the above described real property or the oil produced therefrom,you may withhold ai payment for oil accruing to the interest or interests affected thereby until you are indemnified to your satisfaction or until such adverse claim,lien or ill dispute shall have been fully settled,without liability for interest in either case.If suit is filed affecting the interest of the above signed written notice Ch Uthereof shall be given you,at the above address by the above signed together with a certified copy of the complaint or petition filed.If you are made party to such proceedings,the above signed agrees to indemnify you against any judgement rendered therein and to reimburse you for any costs, M Z attorneys fees or other expenses incurred in connection therewith. O H \ W ul H SIXTH: You will not be responsible for any change of ownership in the absence of actual notice and satisfactory proof thereof.Each signer agrees O Cto notify you in writing of any change in his or her ownership and agrees that any transfer,assignment,or conveyance of any of his or her interest, fa however accomplished,shall be made subject to the division order and effective at 8:00 A.M.on the first day of the calendar month following the r` G receipt of said notice by you.In the event said written notice is not received by you,you shall be held harmless for error resulting in over or under O W payment,or wrong payment of any such sum or sums.Should adjustments be necessary you shall have rights to set off any and all individual or joint OW � liabilities the above signed has with you, including but not limited to proceeds from this and other lease interests owned by the above 2 signed. N ea F! O SEVENTH: It the above signed is a working interest owner and/or operator,he or she guarantees and warrants that all oil tendered hereunder U G'. has been or will be produced and delivered in compliance with all applicable federal,state and local laws,orders, rules and regulations. W a+ EIGHTH: This order shall bind each interest owner as soon assigned by him or her,whether or not signed byany other owner.All provisions herein r d, contained shall apply to each signer hereof separately and not jointly.This order may be executed in counterparts,all of which together shall ON r-1 constitute one division order.No termination°finis order shall be effective without giving thirty 1301 days prior written notice.In consideration of the N T purchase of oil hereunder,consent is given you and any pipe line company which you may cause to connect with the welis and tanks on said!and,to r-i r 1 disconnect and remove such pipe lines, in case of termination by either you or the above signed of purchases under this division order. CO W 91035.7 EXHIBIT A 50383 OWNER.NO CREDIT TO PERCENTAGE INTEREST 13047 PAYNE INC. 0.984800 0I 13063 ALPINE ENERGY, INC. 2.613700 OI 13047 PAYNE INC. 19.696800 RI 13055 BOARD OF COUNTY COMMISSIONERSAr 0. 189500 RI 12298 KCF OIL COMPANY INC 76.5152'00 WI *** 100.000000 i O 100.000000 oU 0 Ln 0 U A a o W 0 3 ox aW A a 0 NIX 1 .. 01 oz a w . a a� U el cry 2 O H �n E o U) a w r- a o W ow rn • z N z N < O C..) C4 w a N � rnH N 01 H i GA W si_333-7 AMC - ;..71 `. ASSOCKEU TRANSPORT 8c TRIDING COMPANY i INSTRUCTIONS TO ALL INTEREST OWNERS ' THE ENCLOSED OIL DIVISION ORDER OR OIL 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 are correctly shown: I. Sign your name as shown on the Oil Division Order or Oil Transfer Order. 2. Have your signature witnessed by two compert.ent. witnesses. 3. If your name has charged due to marriage or divorce, execute the Oil :Division Order or Oil 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. Oil Division Orders or Oil Transfer Orders for partnerships must be executed by all partners or by an authorized partner. A certified copy of the instrument giving said partners authr)rity 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 L:01 of all production proceeds due you. You may also be subject to a further penalty levied by the Internal Revenue Se .v is e. 8. Your correct mailing address should be noted in the space provided to insure prompt receipt of production proceeds. 9. The "Or•ieinal" of the Oil Division Order or Oil Transfer Order should be returned to: ASSOCIATED TRANSPORT & TRAD1NC COMPANY P.O. BDX 5493 Denver CO 8021Y 617N: DIVISION ORDER DEPARTMENT 10. Should you have any further questions regarding th.: enclosed Oil Division Order or Oil Transfer Order, please contact your Operator or Associated Transport & Trading Co. at (30:3) 595•-3331. 11. Please D ir)T_DETACH the Exhibit from the Oil Division Order or Oil Transfer Order if one is included. 900 REPUBLIC PLAZA • 370 SEVENTEEND-I STREET • DENVER.COLORADO 80202 • (303)595-3331 • FA> MAILING ADDRESS: P.O. BOX 5493 • DENVER, COLORADO 80217 910.31, 7 1 c YY7() Hello