HomeMy WebLinkAbout930381.tiff RESOLUTION
RE: APPROVE OIL DIVISION ORDER TO TOTAL PETROLEUM, INC. 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 Total
Petroleum, Inc. , 515 Central Park Drive, Oklahoma City, Oklahoma 73105, and
WHEREAS, said Division Order covers land more particularly described as
follows:
Township 7 North, Range 60 West, 6th P.M.
Section 33: W'f
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 Total Petroleum, Inc. , 515
Central Park Drive, Oklahoma City, Oklahoma 73105, 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.
930381
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DIVISION ORDER - W'-, S33, T7N, R60W
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 26th day of April, A.D. , 1993.
ATTEST Ma% BOARD OF COUNTY COMMISSIONERS
WEL COUNTY, COLORADO
Weld County Clerk to the Board
Constance L. Harb/eeert , Chairman
BY: � � Webs AL/A/
Deputy Clerk t the B W. H.. WWebste Pro Tem
APPROVED S TO FORM: �+�f1
eorge °� Baxter
ounty Atto ney Da a K. Hall
arbara J. Kirkm er
930381
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DIVISION ORDER Lease #306339-000 (OIL)
TO: Total Petroleum, Inc. 306339-500 (GAS)
515 Central Park Drive
Oklahoma City, OK 73105
April 15 , re 93
AR2331684 The undersigned and each of us, certify and guarantee that we are the legal owners of and hereby warrant the title to our respective
interests as set out below in all oil produced from all wells on the WELD WEITZEL 5-33 & 11-33
(OPERATED BY: WALSH PRODUCTION) farm or lease, located in
WELD County, State of COLORADO , more particularly described as follows:
in the West Half (W/2) of Section 33,
Township 7 North, Range 60 West,
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A Effective 7 a.m., Ist day of March , 19 93,and until further notice,you are hereby authorized to receive,
purchase and give credit for all oil received from said property subject to the conditions, covenants and directions following:
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CREDIT TO DIVISION OF INTEREST
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SEE EXHIBIT "A" ON REVERSE FOR DIVISION OF INTEREST
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co M z FIRST.The o l purchased n pursuance of this D Orde hall be merchantabl and become your property upon del a thereat to yo
or The a pipe line designated bs you.Quantities of oil run
fel 2 and purchased hereunder shall be computed to terms f 4 l S.gallons per barrel from regularly compiled tank table howl g the II'apa' 1 the tanks Corrections for temperature and deduction,tor
rN ,c dirt.sediment and other impurities are to be made in accordance with your rules.regulatons and customs in et feet at the time and place of del sers.The oil shall be'teamed or treated when necessary to
render it merchantable.
IXSECOND'.The oil received In pursuance of the Division Order shall be paid for to the parts or parties entitled thereto according to d .ion of interests shown above at the mice for each day's receipt,
posted and upon the basis therein iindicated on Mat das by you to the same kind and qualityf oil to the field in which it is received.If 1 is necessary to 1 ansnnn crude o l hereunder hs truck.I hen.in that
event.you are authorized to deduct from such price the trucking charges.together with Federal Transportation Tax thereon. by Should the oil be sold you to another purchaser accepting dell cry thereol at
the lease tanks.settlement thereof shall be based upon the price received by you for such oil and upon the solume computation made by such purchaser.Payments shall be made monthly tor oil rece sed and
•.g ri purchased during the preceding month bs your checks delisered or mailed to the respective parties at the addresses stated.Howeser.e 1 is agreed if the amount payable to ans of the nde gned is less than
W 03 the statutory minimum sum during any month you may withhold payment thereof.without interest.and in lieu of monthly ttlement,make payment at such time as a tat top'minimum sum has
gr1 ,..I accumulated to the credit of the undersigned:prm9ded.howeser.that settlement shall be made at least once during each calendar year.regardless of the amount which has statutory accumulated to the credit
ri fV 01 the undersigned.Pipe line grades and measurements are to govern and control in all settlements.subject to the prosisions of price postings abase referred to concerning computation of quantities.The
undersigned authorize you to withhold from the proceeds of any and all runs made hereunder the amount of any tax placed thereon.or on the production thereol.by any governmental authority.and to pas
re 44 the same in our behalf.
THIRD.In case of any question,controversy or ads erse claim of title which in your opinion ad erseI'at lects title to t credited hereunder. n vase title shall not he a f 't You at any
me during the vin of this division order,each of the undersigned agrees to furnish complete abstract oft the and other es Men of title sansfactors to sou and authorizes souto retain the purchase price o
the oil without obligation to pay interest on the amount so withheld until satisfactory indemnity shall be furnished you again&such question.on t p e adverse daurn DT any such detects in title until
a y question controversy adverse claim or defect to owners'title is settled t your satisfaction.In the event suit is filed In any court affect t af fecting title to oilpurchased hereunder.eith het o or after seserance.
the undersigned agree to indemnify and sane you harmless from any and all costs in connection with such action.including attorneys'fees.and further the undersigned agree to nd n and sane sou
harmless and any carrier transporting said oil for your account against an and all liability for loss cost.damage and expense.including attorneys fees,which sou or the carrier mat sutler or tricur on
account of receiving.transporting and paying us for said oil.
FOURTH'The undersigned severalts agree to naffs you of any change of ownership and no transfer of interest shall be binding upon you until transfer order and the recorded instrument es idenong
such transfer,or a certified copy thereof shall be ltarnished you.Transfers of interest shall be made effecose on the first day of the calendar month in which notice receiyed bs you.N ou are he th relined
of any responsibility for determining iif and a hen any of the interests hereinabove set forth shall or should resort to or be owned by other parties either as a result of the completion discharge ney or
other payments from said interests.or other. e'and the s hereof whose' tee.sts ar affected by'such money o other payments.it any or la the a n or changet an interest f or ary other reason.
agree to give you notice m writing bs registered letter addressed to you at Oklahoma City Oklahoma, hen ans such manes or otherpayments ham been'ompl f d or discharged or hen any other division
of iinterest than that set forth above shall for any reason become effective and to furnish transfer fe ders accordingls.and that in the esent such notice shall not be d shall he held harmless nc
event of.and are hereby released from any and all damage or loss which might arise out of any overpayment.The undersigned hereby Iurt het agrees to reimburse sou for all amounts ectly paid to the
undersigned for the abose'described propero
FIFTH.Working Interest owners and for Operators who sign this Donlon Order.and each of them.guarantee and warrant for your beset it and that of am pipeline or other carrier designated br sou is
run a transport said oil.that all oil tendered hereunder has been and.or will be produced in accordance auh applicable laws and or aficial rules and regulations.
SIXTH:This Dstsion Order shall become salid and binding on each and every owner abuse named as soon as signed by such owner.regardless at whether or not all of the abase named owners base w
signed and shall likewise be binding upon the heirs,personal represent a rises.successors and assigns of the parties hereto.and the undersigned hereby agree to all the terms and andiron,of the Utint on
Order now in effect and force.
SEVENTH'You are authorized and directed to deduct operating expenses as I urnlshed by the lease operator boa the undersigned's interest.lit same is a participating or pooled working interest).an vet
out herein.In the oil produced and saved from the above described lands and remit same to the lease operator.The undersigned will look to the lease operator ter detailed statements or all charges anti'edit'
of operating expenses at such intervals as agreed upon by the operator and the undersigned working interest awner.
SIG 'TUljr£p W ' ESS • SIGNATURE OF OWNERS SOCIAL SECURITY
f OR
0 ' f / TAXPAYER NUMBER
ATTEST: (► g h •
WELD C$ T C,LERK_ixq kVt t g CONSTANCE L. HARBERT 04/ 8/93
CHAT ,,//��..``^^,, 84-6000813
BY; �� y ���•
WELD CO T SIGNERS
DEPUTY CLERIC„• ►+ W RD
ADDRESS: P.O. BOX 758 TELEPHONE:
GREELEY, CO 80632 (303) 356-4000 X4225
IMPORTANT:To avoid delay in payment or tax penalties according to law,you must please show your correct address and your social security number or
tax identification number. Individual signatures must be witnessed by two disinterested persons.
la1.UIP R5 90 OPCo
930381
EXHIBIT A
WELD WEITZEL 5-33 & 11-33
LEASE NUMBER 306339-000 & 306339-500
1993-04-15nis
U cow DECIMAL INTEREST
OWNER NUMBER OWNER N & ADDRESS
INTEREST TYPE
NO
u 03-105466 WELD COUNTY BOARD OF
q 0. 12500000 RI
COMMISSIONERS
o PO BOX 758
GREELEY CO806320758
oa
yr W
a0 01-032343 JAMES B. MCNAY AND 0.01000000 ORI
U NANCY L. MCNAY
208 DELMAR ST
M a STERLING CO807514054
.. w
In 01-031843 WALSH PRODUCTION 0.01125000 ORI
PO BOX 30
rn
U STERLING CO807510030
�o z 01-032338 FRANK H. WALSH 0.34000000 WI
7 PO BOX 30
o CO
STERLING C0807510030
W01-031843 WALSH PRODUCTION 0.51375000 WI
CO co w PO BOX 30
rv~iz STERLING CO807510030
Mz
N FC
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CO
0 C
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CO CO
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930381 J
TOTAL
Total Petroleum,Inc.
SUITE 200 515 CENTRAL PARK DRIVE OKLAHOMA CITY. OKLAHOMA 73105.1702 TELEPHONE 405 525-13100
YD
INSTRUCTIONS TO ALL INTEREST OWNERS n 'J
REFERENCE: Well Name: Weld Weitzel 5-33 & 11-33
Lease Number: 306339-000 & 306339-500
Former Purchaser: NCRA 131
Effective Date: March 1, 1993
(Read carefully before signing the enclosed instrument.)
Due to a change in purchasers, your check for oil production will now be
issued by Total Petroleum, Inc. We are anxious to open your account for
payment and, in most cases, can do so upon receipt of your signed division
order. If you were in suspense with the previous purchaser, we will work
with you to resolve the cause for suspense.
Sign your name as shown on the enclosed document. Please type or print your
name below your signature together with your current address and social
security number or taxpayer identification number. Have your signature
witnessed by two people, not related to the party signing.
If signing for a partnership, ALL of the partners must sign, unless a
specific partner has been given signatory rights. A copy of his authority
must be furnished.
If signing for a corporation, instrument must be executed by the president
or vice-president. The signature MUST be attested, corporate seal affixed
and title of the signatory party shown.
If the enclosed instrument is signed by an Agent, Guardian, Attorney-In-
Fact, Estate Representative, Trustee, or any party other than the named
interest owner, evidence of the executory rights of the signatory party must
be attached.
Please provide your social security or taxpayer identification number.
Failure to furnish this number will result in a 31% backup withholding tax
in accordance with federal income tax law and may subject to you a $50.00
penalty by the I.R.S.
Indicate in the space provided the proper check mailing address. PRINT OR
TYPE. If you are already receiving checks from this company, please be
certain to use the same address to which we are now mailing checks.
The lease number that appears on the enclosed instrument will appear on the
detail attached to your check and should ALWAYS be used when corresponding
with this company.
You should notify us PROMPTLY of any change in your mailing address. This
notice must be over your own signature, or the signature of your appointed
agent. Always include your owner number (which appears on your check from
this company) and your old address. Then state your new address with ZIP
CODE.
If the word "suspense" or "requirement" appears next to your interest on the
Division Order, you should contact the Operator and take whatever steps are
necessary to clear the title problems so the interest can be released for
payment.
No check will be issued by Total Petroleum, Inc. unless $25.00 or more is
accrued for a particular owner number, except in December when checks will
be issued regardless of amount.
PLEASE USE THE ENCLOSED, SELF-ADDRESSED ENVELOPE AND RETURN THE EXECUTED AND
COMPLETED INSTRUMENTS, WITHOUT DELAY, TO THE ADDRESS ABOVE. RETAIN THE
EXTRA COPY FOR YOUR RECORDS.
Sincerely,
Kathryn Karr-Ake
Division Order Technician
(405) 557-7009
/�?o�/tt
920381
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