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Home My WebLink About910480.tiff AP.2252h99 o OU RESOLUTION 0 � O U RE: APPROVE GAS DIVISION ORDER WITH ASSOCIATED NATURAL GAS, INC. , AND O a AUTHORIZE CHAIRMAN TO SIGN o w oz oI?W WHEREAS, the Board of County Commissioners of Weld County, Colorado, apursuant to Colorado statute and the Weld County Home Rule Charter, is vested Uwith the authority of administering the affairs of Weld County, Colorado, and W to n: M ga WHEREAS, Weld County, Colorado, has received a Gas Division Order with Associated Natural Gas, Inc. , P.O. Box 5493, Denver, Colorado 80217, and a w + a • U WHEREAS, said Division Order covers land more particularly described as o Z follows: iH � W W y Township 5 North, Range 66 West, 6th P.M. WSection 33: SE,' SWa as to all formations m D between the surface of the earth to the top to w of the Niobrara Formation uNi Z Weld County, Colorado N Z N /f, O WHEREAS, Weld County is entitled to a one-eighth royalty interest on production, and o � o �n mco WHEREAS, in order to receive said royalty interest, Weld County must ▪ 0 execute said Division Order, a copy of which is attached hereto and incorporated co 44 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 Gas Division Order with Associated Natural Gas, Inc. , P.O. Box 5493, Denver, Colorado 80217, 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. 910480 IY UO(ot Page 2 RE: DIVISION ORDER - ASSOCIATED NATURAL GAS, INC. nO o U 0 The above and foregoing Resolution was, on motion duly made and seconded, r9 U adopted by the following vote on the 3rd day of June, A.D. , 1991. O W � ' r ,.�.r� FZ' l BOARD OF COUNTY COMMISSIONERS o ATTEST: II WELD COU Y COLORADO • aW Weld County Clerk,to � ` oard 2 ,1 Gordon E. Lac , airman 1/40 C4 ch Deputy 1 r ,tp sthe Board (1.140.20.5—zr„— ta.0.1>t ge K edy, Pro-Tem La .. � D4 APPROVED AS FORM: ahet Constance L. Harbert o z ,dr r•I H County Attorney C. W. Kirby F1/40 VJ 5 W. ebste ON W 1/40 W N C•I 7a N '.7. N A a C4 � a a � r-I N o �n M co '-I O W 910480 GAS DIVISION ORDER TO: ASSOCIATED NATURAL GAS, INC. P. O. Box 5493 Denver, Colorado 80217 Attn: Division Order Department Lease No. 2131 Date April 9, 1991 u, o o U Plant in O U The undersigned, and each of us,certify and guarantee that we are the legal owners of and Somer #33-14hereb-�warrant the title to our respective interests in q the proceeds derived from the sale of Gas produced and saved from the p lease or unit located W in the County or Parish of Weld , state of Colorado O O 3 more particularly described as follows: o a TOWNSHIP 5 NORTH - RANGE 66 WEST, 6th P.M. "o Section 33: SE/4SW/4 as to all formations a between the surface of the earth and the top wof the Niobrara Formation 1/40a en C w OWNER NO. CREDIT TO DIVISION OF INTEREST DECIMAL r-t g a w cn▪ a � U OZ • H SEE ATTACHED EXHIBIT "A" FOR OWNERSHIP LISTING kJ) E4 o to a w o, D o, w ki" W Effective 8 AM Date of First Production , and until further notice, you are hereby authorized to take or retain possession N to 2 of all Gas from said property(ies)on and after the effective day and to give credit as set forth above for all proceeds derived from the sale of Gas from NZ said property(ies) subject to the conditions, convenants and directions set out below: 0 >+ U g FIRST: It is untler rood that the Gas pr tluced from above-described pro eat (ies)is being sol nder trot certain Gas Purchase and Processing Agreement dated 9anuary Y • `3� , between �F"ranc's Energy, Inc as "Seller" and Associated Natural Gas, Inc. as "Buyer', and that all terms rand covenants contained therein, and in any amendments, N M extensions,or renewals thereof shall govern and be binding upon the parties hereto in all respects which shall include,but not be restricted O &I to,the price to be paid for said Gas and the time when such payments are to be made.As used in this Division Order,the term"Gas"shall re) CO ,—t O be deemed to include casinghead gas, gasoline and all other products which Associated Natural Gas, Inc. receives and/or recovers by processing from Gas produced from wells on said property(ies)CLI 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. Owners Sign Below Taxpayer Identification or Signatures of Witnesses (Enter Mailing Address) Social Security Number ssIL ATTE T: 84-6000813 ARD CH , WE TY CO S BY: Address: P . BOX 758 DE T CLERK T B D 6/3/91 GREELEY, CO 80632 Address: Address: 910480 WHITE-Return to ANGI / YELLOW-For your records / PINK-ANGI file oR I G! N A L SECOND: Payments are to be made monthly by checks of Associated Natural Gas,Inc.to be delivered or mailed to the parties thereto entitled at the addresses above given,provided that it the amount due any owner is less than Twenty-Five and 00/100($25.00j Dollars per month,Associated Natural Gas, Inc..at its option,may defer the making of such payment until such time as the aggregate amount due exceeds said sum.The undersigned authorize Associated Natural Gas,Inc.to withhold from the proceeds of any and all Gas referred to herein the amount of any tax placed thereon, or on the production thereof: including but not limited to any severance, production or ul O o C) occupation tax,by any governmental authority,local,state and/or federal,and to pay the same in our behalf with the proceeds so withheld. 0 er O U THIRD: to the event of any adverse claim of title or in the event title shall not be satisfactory to Associated Natural Gas,Inc.at any time U during the term of this Division Order,each of the undersigned agrees to furnish complete abstracts of title and other evidence of title o W satisfactory to Associated Natural Gas.Inc.and authorizes Associated Natural Gas, Inc.to withhold payment,without obligation to pay o interest on the amount so withheld,until satisfactory indemnity shall be furnished to Associated Natural Gas.Inc.against such adverse o X claims or any such defects in title.or until title shall be made satisfactory to Associated Natural Gas,Inc..Each undersigned party,as to the h W interest of such party hereunder,respectively agrees,in the event suit is filed in any court affecting title to said Gas.either before or after 2 severance,to indemnify and save harmless Associated Natural Gas.Inc.against any and all liability for loss,cost.damage,and expense O which Associated Natural Gas.Inc.may suffer or incur on account of receiving and paying said party the proceeds derived from the sale of U said Gas.Where Associated Natural Gas.Inc..pursuant to the provisions hereof,withholds payment,or any part thereof,each undersigned W party from whom payment is withheld severally agrees to indemnify and hold Associated Natural Gas,Inc.harmless of and from all liability � a for any tax,together with all interest and penalties incident thereto.imposed or assessed against,or paid by it on account of the sum or •• sums so withheld from payment to said party.and deduct ail such taxes,interest and penalties so paid it from any sums owing by it to said 0 e- party. W � a FOURTH:The undersigned severally agree to notify Associated Natural Gas.Inc.of any change of ownership.and no transfer of interest o Z shall be binding upon Associated Natural Gas,Inc.until transfer order and the recorded instrument evidencing such transfer,or a certified eoW copy thereof,shall be furnished to Associated Natural Gas, Inc..Transfer of interest shall be made effective 8 AM on the first day of the ep H calendar month in which proper notice is received by Associated Natural Gas.Inc..Associated Natural Gas.Inc.is hereby relieved of any 0 a responsibility for determining if and when any of the interests heremabove set forth shall or should revert to or be owned by other parties W as a result of the completion of discharge of money or other payments from said interests.and the signers hereof whose interests are cn p affected by such money or other payments. if any, agree to give Associated Natural Gas. Inc. notice in writing by registered letter • W addressed to Associated Natural Gas. Inc., P.O. Box 5493. Denver,Colorado 80217,Attn: Division Order Department,when any such Vmoney or other payments have been completed or discharged,or when any division of iterest other than that set forth above shall.for any rr1 reason. become effective and to furnish transfer order accordingly. and that in the event such notice shall not be received.Associated N Nat ral Gas. Inc shall be held harmless in the event of,and is hereby released from any and all damage or loss which might arise out of, N p any verpayment. 1 FIFTH: If any portion of the proceeds derived from the sale of Gas is subject to refund under any order.rule or regulation of the Federal r+ d' Energy Regulatory Commission or the provisions of the Natural Gas Act or Natural Gas Policy Act of 1978.Associated Natural Gas,Inc. om m may hold without interest the portion of the proceeds subject to refund unless indemnity satisfactory to Associated Natural Gas.Inc.has r-i o beer furnished,or until Associated Natural Gas,int.'s refund obligation has been finally determined. If any portion of the proceeds derived Gk trout the sale of Gas is paid over by .Associated Natural Gas. Inc under any order. ruie or regulation of the Federal Energy Regulatory Commission or the provisions of the Natural Gas Act or Natural Gas Policy Act of 1978.Associated Natural Gas. Inc. is authorized to recover t^r•amount of the refuiiid applicable to the inte:es'of etch of the undersigneu from tuture paymerts.or at Assoc i„ted Natural Gas, Inc.'s election.it may invoice the undersigned therefore.pius the legal rate of interest Associated Natural Gas,Inc.is or may be required to pay in connection with the undersigned's portion of the refund. • SIXTH: This Division Order shall become valid and binding upon each and every owner above named upon execution hereof by such owner regardless of whether or not arty of the other above-named owners have so signed. If the provisions of this Division Order are in conflict with the provisions of any oil and gas lease covering the above described property(ies).the provisions of this Division Order shall prevail.Each undersigned owner ratifies and confirms his oil and gas iease as being in full jorce and effect as of the date hereof. • 910480 � o oU O EXHIBIT "A- 0 2131 0 a o W 03 h W Division Q Owner # Credit To Of Interest Decimal a 0 m 17975 Louis E . Spomer 2. L176% of 18. 75% RI .0049081 �o a M -. 0 1129 NelliNeld County , Colorado 97 . 38233% of 12 . 5% RI . 1217279 .-444 a 8687 Steven W. Shef to I% OR I .0100000 W •-• a crt U 25531 Energy Minerals Corporation 97 .33233% of 60% ORI .0584294 oz .-I H 6955 Francis Energy , Inc. 2. 61767% of 80. 25% + o v1 97 .38233% of 80 . 5% WI . 8049346 W a� Q C71 W %o W cv Lel Z ry Z N O ua w � a 1 o �n M CO � o mw I 1 91.0484 • �t OFFICE OF COUNTY ATTORNEY PHONE(303)356-4000 4391 BOX P.O. BOX 1948 GREELEY,COLORADO 80632 WI ID C. May 10, 1991 COLORADO Nicholas D. Francis 1220 11th Avenue, Suite 203 Greeley, CO 80631 RE : Request for information regarding Spomer No. 1; Associated Natural Gas, Inc. , Lease no. 2127 , Weld County, Colorado Dear Mr. Francis : Enclosed herein please find copies of the following: a . A proposed a Division Order for the well known as Spomer No. 1, for property located in Northeast quarter southwest Quarter of section 33-5-66 . The Division Order is from Associated Natural Gas , Inc. Also enclosed is a copy proposed Division Order from Permian Operating Limited Partnership, dba Permian, for the same well and the same property. b. My letter dated April 23, 1991, to Associated Natural Gas , Inc. c . A letter from Associated Natural Gas, Inc . , dated May 6 , 1991, referring Weld County to you for information. Weld County respectfully requests that you provide us with answers to the two questions stated in my April 23, 1991 , letter. You may wish to contact Mamie Sinkes at Associated Natural Gas in order to discuss this matter. Thank you for your cooperation in this matter. Please call me at 356-4000, extension 4391, so that we may discuss this matter further. Sincerely, �i� truce T. Barker Asst. Weld County Attorney Enclosure BB: cgt 910480 Hello