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HomeMy WebLinkAbout921083.tiff • RESOLUTION RE: APPROVE OIL AND GAS DIVISION ORDER TO MARTIN EXPLORATION MANAGEMENT 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 and Gas Division Order to Martin Exploration Management Company, P.O. Box 298, Blue Island, Illinois 60406, and WHEREAS, said Division Order covers land more particularly described as follows: Township 1 North, Range 67 West, 6th P.M. Section 6: NW* 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 Martin Exploration Management Company, P.O. Box 298, Blue Island, Illinois 60406, 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 1361 REC 02313198 12/03/92 16:24 $0 .00 1/006 F 0946 MARY ANN FEUEPSTEIN CLERK & RECORDER WELD CO, CO 921083 l JJ A /rid - I % /4U Ckt PaoiriRo DIVISION ORDER - MARTIN EXPLORATION MANAGEMENT COMPANY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of November, A.D. , 1992. /p1/�f / /�� BOARD OF COUNTY COMMISSIONERS ATTEST: / +/� WELD CO NTY, COLORADO Weld County Clerk to the Board /// f�/J e Kenn dy, C airman BY:7;74;1014 /Xrt le L. Harb Deputy Clerk the Board Constance Harb rt, Pro-Tem APPROVED AS FORM:t C. W. Ki y unty Attorney Go cy W. H. Webster B 1361 REC 02313198 12/03/92 16 : 24 $0 .00 2/00;r F 0947 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 921083 OIL AND GAS DIVISION ORDER DATE:_ October 27 , 1992 MARTIN LEASE NO.: 0053, 0656 FYI Dacono #1, #2, #3, #4 LEASE NAMELGlens #1 'c-6 - Rernmpletion EFFECTIVE DATE: FIRST SALES MAY 2 0 1992 TO: MARTIN EXPLORATION MANAGEMENT COMPANY P.O. BOX 298 BLUE ISLAND, ILLINOIS 60406 Each of the undersigned, individually, for themselves, their heirs, successors, and assigns, hereby represents, warrants, and guarantees to Martin Exploration Management Company (hereinafter referred to as the "Company") , its successors and assigns, that the undersigned is the legal owner of the decimal interest, as set forth below opposite each undersigned's name, in the proceeds from all oil, condensates, and natural gas which may be produced from or allocated to the following-described area or well located in the County of Weld , State of Colorado , and more particularly described as follows: Township 1 North, Range 67 West , 6th P.M. Section 6: NW/4 Commencing on the effective date hereof, the Company is hereby granted and authorized to take and receive all oil, condensates, and natural gas which may be thereafter produced from the above- described, area or well and, subject to the other terms and conditions hereof, to give credit therefor to the undersigned in accordance with the division of interest schedule as follows: CREDIT TO ADDRESS DECIMAL INTEREST FOR DIVISION OF INTEREST SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Additionally, in consideration of the wells drilled or to be drilled on the above-described lands and the payment to the undersigned of royalties on production from said wells,the undersigned agree, grant, and represent to and with the Company as follows: 1. Oil (including crude oil and condensate) shall become the property of the purchaser V1 thereof upon its delivery to the purchaser or to the purchaser's agent or carrier, and payments p hereunder shall be based upon the net price received therefor from the purchaser. Oil shall be 0C-) graded and measured in accordance with applicable rules, regulations, or standards generally o accepted in the industry. In the event that the Company is the purchaser of such oil, settlements therefor shall be based upon the Company's posted price for similar oil in the field where produced en U and in effect on the date of delivery, or if no posted price is then in effect, settlements shall be based upon the then prevailing market price on the date of delivery thereof in the field where O produced. If the oil is purchased by the Company and resold to another purchaser accepting ,-1 delivery thereof on the premises, settlements hereunder shall be based on the net price received 0 therefor by the Company. The Company may deduct from any price received for the oil the reasonable costs of transporting and/or treating the same if incurred. • W2. Natural gas, including casinghead gas if marketed with gas well gas, shall be delivered a and sold to and become the property of the pipeline company to whom the gas is agreed to be sold by the Company. Settlements to the undersigned shall be based upon the terms, conditions, and prices for said gas as agreed to with the pipeline company less any costs of treatment, compression, transmission, or dehydration thereof which are paid by the Company. v a N 3. Oil and natural gas produced and sold from the premises is or may become subject to 'xi orders of certain regulatory authorities who could vary the terms of any agreement for the 1/40 • production or sale thereof. To the extent that such orders do modify or change current sales or °l cc, production arrangements, the provisions thereof, as well as the provisions hereof, shall be so W modified accordingly. (N CA U 4. Settlements hereunder for oil and gas shall be made monthly by the Company mailing or delivering its check to the undersigned at the address indicated in an amount, less taxes required .o H to be withheld, calculated in accordance with the schedule of interest as herein contained. W Settlements shall be mailed no later than the 25th day of each month for oil and/or gas taken or (N E sold during the second preceding calendar month. If at any settlement date the amount payable to 1-4 any of the undersigned shall be less than Twenty-five Dollars ($25), the Company may defer such payment and make payment when such settlement amount has accumulated to Twenty-five Dollars ($25) co j but, in any event, not less than annual intervals. rn W r•+ W 5. The undersigned individually warrant that they are the owner of their respective interest en as herein set forth and that in the event of an adverse claim made thereto or imJ1te event ownership of the undersigned's interest is not substantiated by record examination, the Company may M z N retain any and all settlements due therefor, without interest, until such claim or ownership of the o interest is settled, fully adjudicated or otherwise determined, or until the Company is adequately D+ indemnified therefor by the parties cl, .,Jng such interest. The Company may, at any time, require 59, Zthe undersigned to furnish proof of ..s title to its interest, including abstracts of title or other pertinent records or documents. e0 6. The undersigned shall notify she Company of any change in the ownership of their d' interest, and the Company shall not be liable for, nor shall it be required to recognize, any :n rn change in ownership unless and until the Company shall actually receive a certified copy of the " t o ' instrument changing such interest and the transferee thereof executes and returns to the Company xy W such transfer order or amended division order as the Company may reasonably require. In no event shall the Company be required to give effect to any change of interest of the undersigned prior to sthe uchfirst dy of the change a regardless calendar of the effectivet date l ofwing the monh in which the the instrume t transferring hemp any e is notified of O 1O k/ 921083 7. The undereigni hereby represent, grant to, and agr. ;ith the Company that the interest' of the undersigned and or the Company in and to the oil and gas which has or which may be produced from the premises is in full force and effect and that all payments required to be made and all acts required to be done by the Company with respect thereto have been performed. The undersigned hereby releases the Company from any and all claims and damages arising from the purchase and handling of oil or gas from the premises and for making any payments for settlements so long as the same are m;de in accordance with the terms of the division of interest schedule set forth below. 8. In the event that the area or well described above, or any part thereof, is included in one or more pooled or unitized units now or hereafter formed by order of any appropriate governmental authority by agreement or otherwise, the undersigned and the Company recognize and agree that settlement for oil and gas shall be made in accordance with the production allocated to the premises above described without the necessity for the execution of additional or supplemental division orders. To the extent that the premises as described above constitute a previously pooled or unitized area, the same is hereby ratified. 9. The provisions hereof shall be binding upon and inure to the benefit of the Company and the undersigned, their respective heirs, successors, administrators, and assigns. No change in the ownership of any interest herein described shall have the effect of changing the binding nature hereof. This instrument may be executed in counterparts with each counterpart considered to be a binding agreement of the signatories thereto; and all counterparts, as executed, shall be considered to be one instrument. 10. Should it be determined from time to time by the courts, any governmental agency having jurisdiction, or the Company and the purchaser of production, that the prices or allowances, if any, being paid to the Company and the amounts being disbursed to the undersigned are in excess of lawful prices or prices agreed to with the oil or gas purchaser, and a refund is then required, you agree to promptly refund such excess amounts so paid to you, including interest thereon, if required. Additionally, the Company shall have the right to recover such excess amounts out of future settlements hereunder to which you are entitled. WHEREFORE, the undersigned have executed this Division Order in acknowledgment and consent to the foregoing terms, warranties, and agreements. WITNESS SIGN B -EL-OW : OWNER SIGN BELOW: SS NO. OR TAX ID NO. 7.t7, County of Weld, a Political Subdivision ATTEST: 4 of the State of Colorado Weld;Cpunty, Clef' toard BY `j J BY: /4P s 84-6000813 _ D ,Ci.e lcdo Board NAME: 11/16/92 ��. L George Kennedy TITLE:Chairman P.O. Box 758 Greeley, CO 80632 IMPPBTANT: TO AVOID DELAY IN PAYMENT, YOUR CURRENT ADDRESS AND YOUR SOCIAL SECURITY NUMBER OR TAX ACCOUNT NUMBER MUST BE SHOWN STATE OF ) SS COUNTY OF —) The foregoing instrument was acknowledged before me, a Notary Public, this day of , 19 , by • Witness my hand and official seal. My Commission Expires: Notary Public Address of Notary STATE OF__ ) SS COUNTY OF ) The foregoing instrument was acknowledged before me, a Notary Public, this ___day of , 19 , by — • Witness my hand and official seal. My Commission Expires: Notary Public Address of Notary CORPORATION ACKNOWLEDGMENT STATE OF ) SS COUNTY OF ) BEFORE ME, the undersigned, a Notary Public in and for said county and state, on this day personally appeared , known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said , a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN under my hand and seal of office this the ._ day of _ , A.D., 19 My Commission Expires: Notary Public Address of Notary 120489 921083 B 1361 EEC 02313198 32/03/92 16: 24 $0 . 00 4/0075 F 0949 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 8/10 EXHIBIT " A " DACONO #1, #2, #3, #4 GLENS #13-6 RECOMPLETION TOWNSHIP 1 NORTH, RANGE 67 WEST SECTION 6: NW/4 151.17 DIVISION OF LOT # BLOCK CREDIT TO ADDRESS INTEREST TYPE Tract IV 4,5 1 County of Weld, a P. 0. Box 758 0.0126425 RI 3 - 8 2 Political Subdivision Greeley, Colorado 80632 6 - 8 3 of the State of Colorado 6,8 8 1-8,10-12 9 1-3,7,8,10-12 16 5-8,10 17 15 - 18 19 5 - 15 20 1-3, 7-18 28 2,3,5,6,9-18 29 1-4, 10-14 30 1 - 12 31 1, 4 - 8, 10 32 1-3, 6,10-12 33 NW/4 St. 's etc. Town of Dacono, a P. 0. Box 186 0.0292179 RI Municipal Corporation Dacono, Colorado 80514 1 - 3 19 Carbon Valley Embers, P. 0. Box 56 0.0002392 RI Inc. Dacono, Colorado 80514 B 1361 REC 02313198 12/03/92 16 :24 $0 . 00 5/00.5 921083 F MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO M^, . MARTIN EXPLORATION MANAGEMENT COMPANY "� � ' �'' -" 7.` [1." CLER TO TI'2.Fr, DATE: October 28, 1992 RE: Glens #13-6 Recompletion Dear Royalty Owner: Please be advised that the Glens #13-6 well has been completed in the Codell and Niobrara formations. The unit for these two additional formations is the NW/4 of Section 6, Township 1 North, Range 67 West. Since the unit for the Codell and Niobrara formations is smaller than the unit for the original J-Sand formation, your decimal interest has increased, therefore requiring new Division Orders to be signed. In addition, the smaller unit is also the same unit for the Dacono *1, #2, *3 & #4 wells, which have been added to the Division Order form so that new property owners can also be released under these four Dacono wells. Please be advised that the J-Sand formation for the Glens *13-6 well will still be reported under number 0449. Before funds can be released on production from the Codell and Niobrara formations on the Glens #13-6 well, the following is needed for the enclosed Division Orders: 1. Your signature on the reverse side of the Division Order. 2. Your signature must be witnessed. 3. The Division Order must be notarized, i.e. , signed in the presence of a notary public. 4. Your Social Security number or Tax I.D. number must be listed next to your name on the Division Order. 5. If your mailing address shown on the Division Order is incorrect, please indicate your proper mailing address. Upon completion of the above items, please return one copy of the executed Division Orders for the well to the following address: MARTIN EXPLORATION MANAGEMENT COMPANY, Attention: Land Department, P.O. Box 298, Blue Island, Illinois, 60406. The extra copy may be retained for your files. Upon receipt of the executed Division Order we will disperse funds back to the date that the Codell and Niobrara formations started producing. Please be advised that royalty checks are written on approximately the 22nd of the month and include payment for Division Orders received and processed by the 15th of the month. Should you have any questions concerning the division order, please contact Rebecca Morrane at the address or phone number listed below. Questions concerning royalty checks should be directed to Mr. Dave Goss in our Oil and Gas Accounting Department, at the same address and phone number. *** PLEASE DO NOT DETACH EXHIBIT "A" FROM THE DIVISION ORDER *** 4501 W. 127th ST., ALSIP, IL 60658 • P.O. BOX 298, BLUE ISLAND, IL 60406 • (708) 385-6500 921083 Hello