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HomeMy WebLinkAbout900343.tiff RESOLUTION RE: APPROVE MINERALS TRANSFERORDER CONCERNINGR RANGE PROPERTY 6 LOCATED WES OF T IN E}SW} OF SECTION 18 , TO THE 6TH P.M. , WELD COUNTY, COLORADO, 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, a Deed was executed by Weld County, Colorado, transferring a parcel of land to Darrell L. and Nelva M. Bearson, said parcel being more particularly described as: That part of Lot 7 , Section 18 , Township 2 North, Range 66 West of the 6th P.M. , Weld County, Colorado, lying west of the Platte River in Division 1 , Lupton Meadows Subdivision WHEREAS, Nielson Enterprises, Inc. , has requested that Weld County, Colorado, execute a Minerals Transfer Order concerning said property. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado , that the Minerals Transfer Order concerning the above described property be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Transfer Order. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of April, A.D. , 1990 . (1e-WAS3 BOARD OF COUNTY COMMISSIONERS ATTEST: WELD UNTY, COLORADO Weld County C erk and Recorder and Clerk to the Boar Gene R. rantner, Chairman CI: orVMA-XL'i ge K nnedy, Pro- e 4puty County C rk onstance- L H bert APPROVED AS TO FORM: � .�G�y��� C.W. Kirby / ,County Attorney EXCUSED DATE OF SIGNING AYE Gordon E. Lacy 900343 H land /11 & 2 AR2213h24 NIELSON ENTERPRISES INC. A Delaware Corporation TRANSFER ORDER TO: NIELSON ENTERPRISES INC. Legal Department P. 0. Box 370 Cody, Wyoming 82414 March 21 19 90 The undersigned, having transferred as indicated below by instru- ment dated August 2 , 1988, recorded in volume 1205, Rec . 02151199, of the records of Weld County, Colorado , an interest in File 0909 the minerals that may be produced from wells now or hereafter completed on the following described lands in said County and State: Township 2 North, Range 66 West , 6th P.M. Section 18 : EISW* a W N H O N you are hereby authorized, effective September 1, 1988 - , to give credit -. to and make payment of proceeds of production attributable to the interest so transferred in the following manner and proportions: zn k CREDIT TO DIVISION OF INTEREST POST OFFICE ADDRESS o Z "Z N Darrell L. Bearson & .0625000 R. I . 10501 Weld County Road 25z z w Nelva M. Bearson Fort Lupton, CO 80621 "ern N a a,- The above represents the Transferee' s royalty interest in Nielson Enterprises Inc. ' s 1.8% working interest . Transferor is retaining a like interest in this well relating to this property. H F+ . 4.` Z WITNESSES: t7, ,; TRANSFEROR(S) : ATTE8 : JIL Q ,n) COUNTY OF WELD t o BO F COUNTY C MMISSIONERS L' 7C r } •` .. / • D=puty Coun51 , 1e- Gene R. Brantner, C airman Sv n O 2p 6 trii!. Stl O Each of the undersigned hereby certifies and guarantees that he is trio the legal owner of the interest above set forth opposite his name and d hereby warrants title thereto and further certifies that he is entitled to payment for minerals produced and/or purchased by you under your c) lease or purchase contract from wells now or hereafter completed on the above described lands. Effective as of the date of this order, and no until further written notice, you are authorized to give credit and make payment of proceeds of production attributable to the interests as set forth above, such payments to be made in accordance with and subject to the following conditions: FIRST: It is agreed that the price to be paid for production attributable to the interest of each of the undersigned shall be the wellhead contract price applicable thereto, or, if there be no wellhead contract, the price being paid by Nielson Enterprises Inc. (sometimes herein called "Company") to working interest owners in the field for production at the well of like quality, pressure and volume. 900343 tit SECOND: Payments shall be made by check payable to the person(s) named above and severally in the proportions indicated, mailed to such person(s) , at their respective addresses as shown, each month in respect to deliveries during the preceding month; provided each individual payment to be made hereunder may be withheld until at least Twenty-five Dollars ($25.00) has been accumulated to the credit of said person. The Company is authorized to deduct from proceeds due and to pay over any taxes at any time applicable to the respective interests of undersigned in production or in the lands above described, which are to be deducted by the Company or which may be or become a lien on production or on the lands above described or for which the Company may be contingently responsible, according to all applicable laws, valid or asserted as such, and the regulations, valid or asserted as such, by officials charged with their enforcement. THIRD: In the event of any adverse claim or dispute arising at any time hi to concerning title to said land or to production therefrom or concerning N o N the right to share in the proceeds from the sale of production, the H 01 Company is authorized to withhold, to the extent which it in good faith N w deems necessary for its protection, the proceeds accruing from produc- py tion or purchases hereunder, without interest and without liability min (except as a stakeholder) , until indemnity satisfactory to the Company C o has been furnished or until such dispute or claim has been settled to D N the Company's satisfaction. Each undersigned party, as to the interest z w of such party hereunder, respectively agrees, in the event suit is filed in any court affecting title to the lands above described or production therefrom, to indemnify and save harmless the Company against any and all liability for loss, cost, damage and expense which the Company may suffer or incur on account of paying said party pursuant to this order. y u, FOURTH: The undersigned severally agree to notify the Company of any H change of ownership, and no transfer of interest shall be binding upon 2: a the Company until a proper transfer order and the recorded instrument A V) evidencing such transfer, or a certified copy thereof, shall be furnished to the Company. Transfer of interest shall be made effective not earlier than the first day of the calendar month following receipt of such notice by the Company. The Company is hereby relieved of any 4 .. responsibility for determining if and when any of the interests set forth in the order shall or should revert to or be owned by other parties or shall be otherwise affected or changed as a result of the 0 completion or discharge of money or other payments from said interests M or as the result of any other event, and the signers hereof whose MO interests are affected by such money or other payments or such other So event, if any, agree to give the Company notice in writing by registered ti letter addressed to the Company at the address shown above, when any O such money or other payments have been completed or discharged, or when any such event shall have occurred, or when any other division of o r.) • interest than that set forth herein shall, for any reason, become c effective and to furnish transfer orders accordingly, and that in the 0 N event such notice shall not be received, the Company shall be held harmless in the event of and is hereby released from any and all damage or loss which might arise because of payment pursuant to this order. FIFTH: This order shall become valid and binding on each owner named herein as soon as signed by such owner, regardless of whether or not all the named owners have so signed, and any assignee of, or successor to the above named Company is authorized to give credit and make payment pursuant to the terms and provisions of this order. WITNESSES: OWNER(S) DATE T SFEREES:A Z.-149.0--21-) 1J-P-cu,a.ir� Darrell L. Bearson ea 72 M. rson 4 "" ' (Be sure your signature is witnessed. If you are married, your wife [or husband] must also sign.) - 2 - n00343 to to yr\ OFFICE OF COUNTY ATTORNEY PHONE(303)35&4000 EXT.4391 P.O. BOX 1948 GREELEY,COLORADO 80632 C. COLORADO April 26 , 1990 J. L. Sears J. L. Sears and Associates, Inc. 140 Denver Avenue Fort Lupton, CO 80621 RE: Transfer Orders for Nielson Enterprises, Inc. , and Concerning Darrell and Nelva Bearson Dear Mr. Sears: Enclosed herein please find three originals of two Transfer Orders for Nielson Enterprises, Inc. , and concerning Darrell and Nelva Bearson. These Transfer Orders were sent to my office by memorandum dated April 9 , 1990 . Weld County respectfully requests that we receive one of the originals of each Transfer Order. These originals need to be recorded along with the Resolutions which were signed by the Board on April 18 , 1990 . Copies of the Resolutions are enclosed herein. Please send the original Transfer Orders to my office at: P. O. Box 1948 , Greeley, Colorado 80632 . Please call me at 356-4000, extension 4391 , if I may be of any further assistance in this matter. Very truly yours, r Bruce T. Barker Assistant County Attorney BTB:sa Enc. 900343 Hello