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Home My WebLink About940595.tiff RESOLUTION RE: APPROVE OIL DIVISION ORDER TO 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 to Associated Transport and Trading Company, P.O. Box 5493, Denver, Colorado 80217, and WHEREAS, said Division Order covers land more particularly described as follows: Township 4 North, Range 67 West, 6th P.M. Section 10: NE*SEt - Oster 10-2 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 Division Order to Associated Transport and Trading Company, 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. 940595 , ; A7 Teo( LEM//I DIVISION ORDER - NE4SEy 510, T4N, R67W (OSTER 10-2) PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of June, A.D. , 1994. kluet BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk to the Board �►� W ebster, C air an BY: < L.�P.P,f/ ILAl a0p,,— Deputy Clerk to the Board Dale R .Hall, r ems(//, APPROV 7 AS TO FORM: � K�yc '�� f' /J erge cL. Baxterer // County Atto ney Constance L. Har ert Barbara J. Kirkme r 940595 OIL DIVISION ORDER AR23953A4 TO: ASSOCIATED TRANSPORT & TRADING COMPANY Lease No. 52279 P.O. Box 5493 Denver, CO 80217 Date: June 10, 1994 The undersigned, and each of us, guarantee and warrant that we are the legal owners of our respective interest, in the proportions hereinafter stated, in all oil, condensate and/or other hydrocarbons produced and saved from the Oster 10-2 lease, located in Weld County, State of Colorado, described as follows: t' Township 4 North, Range 67 West Section 10: NE/4SE/4 Effective at 8:00 A.M. Date of first purchase and until further written notice, you are authorized to receive all such oil production, for your own purchase or for resale, to receive payment therefore, to give credit for all proceeds derived therefrom and pay therefor as follows: Owner No. Credit To Division of Interest Decimal FOR DIVISION OF INTEREST SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF ALL covenants appearing on the reverse side hereof are incorporated herein by reference and the undersigned agree that each shall be deemed and considered an essential part of this division order in like manner and with the same effect as if printed above our signatures. The undersigned expressly waive any claim against you for any and all amounts which may be due us from others for production prior to the effective date hereof. Signatures of Wit Owners Sign Below Taxpayer I.D. Number or (Enter Mailing Address) Social Security Number TTEST:I &MI /IO ei 84-6000813 % + � �- Webster Chit a 06 27/94 Weld /` tity �'"e .s�+ w d county board or commissioners By i/ i _:mss/a►. J ., i/ Ad ress leputy C ex a + o « PO Box 758 Greeley. CO 80632 • B 1448 REC 02395384 06/29/94 15: 14 $0 .00 1/004 F 1713 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Address � Ir [ tl ESF:ls 940595 LECV-Q I 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. SEGOD: 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 the lease operator. THIRD: Quantities of oil purchased hereunder shall be determined by the method of measurement and computation employed by you or the 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, the use of certified truck gauges, and the use of meters or any other reasonably accurate method of measurement and computation. You shall 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. FOURTH: Payments shall be made monthly for oil received and purchased during the proceeding month, by your checks delivered or mailed to the above signed at the address above stated, provided that if, at any time, the monthly payment due the above signed shall be less than Twenty-Five Dollars ($25.00), you may defer such payment, without interest, until the amount payable to the above signed equals or exceeds the sum 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 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 authority on the oil received and purchased hereunder and to pay the same. 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 claim, oil related lien or dispute at any time concerning title in the above described real property or the oil produced therefrom, you may withhold 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 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 thereof 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 a party to such proceedings, the above signed agrees to indemnify you against any judgment rendered therein and to reimburse you for any costs, attorney's fees or other expenses incurred in connection therewith. SIXTH: You will not be responsible for any change of ownership in the absence of actual notice and satisfactory proof thereof. Each signer agrees to 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, 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 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 underpayment, or wrong payment of any such sun or sums. Should adjustments be necessary you shall have rights to set off any and all individual or joint liabilities the above signed has with you, including but not limited to proceeds from this and other lease interests owned by the above signed. SEVENTH: If the above signed is a working interest owner and/or operator, he or she guarantees or warrants that all oil tendered hereunder has been or will be produced and delivered in compliance with all applicable federal, state and local laws, orders, rules and regulations. EIGHTH: This order shall bind each interest owner as soon as signed by him or her, whether or not signed by any other owner. All provisions herein contained shall apply to each signer hereof separately and not jointly. This order may be executed in counterparts, all of which together shall constitute one division order. No termination of this order shall be effective without giving thirty (30) days prior written notice. In consideration of the purchase of oil hereunder, consent is given you and any pipeline company which you may cause to connect with the wells and tanks on said land, to disconnect and remove such pipelines, in case of termination by either you or the above signed of purchases under this division order. B 1448 REC 02395384 06/29/94 15: 14 $0 . 00 2/004 F 1714 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 94059J LAr I s -"'279 OSTER 10-2 OWNER NO CREDIT TO PERCENTAGE INTEREST 2594 FLORENCE R OSTER 1. 116480 0I 3091 J MICHAEL GLEASON D/B/A . 653410 0I GLEASON LAND COMPANY 3092 MICHAEL J FINNEY . 653410 OI 3156 ROBERT A LEES . 744310 OI 3157 WILLIAM F GRAF . 744320 OI 10031 AMOCO PRODUCTION COMPANY 2 . 977280 OI 26737 MIRAMAR LAND COMPANY INC 4 . 185000 0I 2593 FLORENCE R OSTER 9 . 303980 RI 2595 GEORGE WILLIAM GRIFFITH 1 . 832390 RI 2596 MIRIAM F GRIFFITH 1 . 832390 RI 2)431 WELD COUNTY C/0 . 142030 RI BOARD OF COUNTY COMMISSIONERS 2891 REED SLA.TKIN 3 . 564000 WI 2892 MITCHELL PHILLIPS 1 . 188000 WI 2894 EARL THOMPSON . 594000 WI 9039 MIRAMAR RESOURCES INC 62 . 775000 WI 13602 SHEPLER ENTERPRISES INC 1 . 600000 WI 15808 CHRISTIAN FELLOWSHIP UNION 1 . 782000 WI B 1448 EEC 02395384 06/29/94 15 :14 $0 . 00 3/004 F 1715 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 940595 C h!1 1 1 1 ""279 OSTER 10-2 DWNER NO CREDIT TO PERCENTAGE INTEREST 24643 ALLEN N THOMAS 1. 168000 WI 34147 JAMES C SHEPLER 1. 048000 WI 34155 WILLIAM R BELL 1. 048000 WI 37698 MARK FORSTER THOMAS 1. 048000 WI 100 . 000000 B 1448 REC 02395384 06/29/94 15:14 $0. 00 4/004 F 1716 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Hello