HomeMy WebLinkAbout920636.tiff AR2295886
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, Suite 200, Oklahoma City, OK 73105, and
WHEREAS, said Division Order covers land more particularly described as
follows:
Township 4 North, Range 64 West, 6th P.M.
Section 27: SW;
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, Suite 200, Oklahoma City, OK 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.
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F 1288 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 920636
1 r_D131 R r ( uunp(-0rted)
DIVISION ORDER - TOTAL PETROLEUM, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following Seth%
vote on the 13th day of July, A.D. , 1992.
,, ,/ BOARD OF COUNTY COMMISSIONERS
ATTEST: WELDS COUNTY, COLORADO
Weld County Clerk to the Board
Ge r Kennedy, hairman
BY: % i4 eputy Cl the Board ta Constance
e L. Harbert,rbbeert, Pro-Tem
APPROVED-AS ,,FORte�! L'" ,< A7
C. W. Kir•y �/
County Attorney Gor•o a �
W. H. We
920636
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F 1289 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
TO: Total Petroleum, Inc. DIVISION ORDER Lease No. 304973 - . . '
Suite 200 LGB
515 Central Park Drive ,
Oklahoma City, OK 73105 _.
July 7 . 19 92
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 frost all wells on the n. '-m
GERRITY OIL' & GAS CORPORATION" - LEHFELDT C 27-1.1, 12.13 & 14 farm or lease, located in
Weld County, State of Colorado , more particularly described as follows:
l
SW of Section 27-4N-64W from the surface
of the earth to the base of the Codell
formation.
Effective 7 a.m.,/;(pa(y/o/ 1st Run ( February 10 _ , 1992),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:
CREDIT TO DIVISION OF INTEREST
SEE PAGES TWO AND THREE
FOR DIVISION OF INTEREST
FIRST:The oil purchased in pursuance of this Division Order shall be merchantable and become your property upon delivery thereof to you or to any pipe line designated by you.Quantities of oil run
and purchased hereunder shall be computed in terms of 42 U.S.gallons per barrel from regularly compiled tank tables showing the full capacity of the tanks.Corrections for temperature and deductions for
dirt,sediment and other impurities are to be made in accordance with your rules,regulations and customs in effect at the time and place of delivery.The oil shall be steamed or treated when necessary to
render it merchantable.
SECOND:The oil received in pursuance of the Division Order shall be paid for to the party or panics entitled thereto according to division of interests shown above at the price for each day's receipts
posted and upon the basis therein indicated on that day by you for the same kind and quality of oil in the Plid in*Nch it is receive] necessary to transport crude oil hereunder by truck.then.in that
event,you are authorized to deduct from such price the trucking charges,together with Federal Transportation Tax thereon.Should the oil be sold by you to another purchaser accepting delivery thereof at
the lease tanks.settlement thereof shall be based upon the price received by you far such oil and upon the volume computation made by such purchaser.Payments shall be made monthly for oil received and
purchased during the preceding month by your checks delivered or mailed to the respective parties at the addresses stated.However,it is agreed,if the amount payable to any of the undersigned is less than
the statutory minimum sum during any month,you may withhold payment thereof,without interest,and in lieu of monthly settlement,make payment at such time as a statutory minimum sum has
accumulated to the credit of the undersigned;provided,however,that settlement shall be made at least once during each calendar year,regardless of the amount which has accumulated to the credit of the
undersigned.Pipe line grades and measurements are to govern and control in all settlements,subject to the provisions of price postings above 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 thereof,by any governmental authority,and to pay
the same in our behalf.
THIRD:In case of any question,controversy or adverse claim of title which in your opinion adversely affects title to any interest credited hereunder,or in case title shall not be satisfactory to you at ails
time during the term of this division order,each of the undersigned agrees to furnish complete abstract of title and other evidence of title satisfactory to you and authorizes you to retain the purchase price of
the oil without obligation to pay interest on the amount so withheld,until satisfactory indemnity shall be furnished you against such question.controversy,adverse claim or any such defects in title,or until
any question,controversy,adverse claim or defect to owners'title is settled to your satisfaction.In the event suit is filed in any court affecting title to oil purchased hereunder,either before or after severance.
the undersigned agree to indemnify and save you harmless from any and all costs in connection with such action,including attorneys fees;and further the undersigned agree to indemnify and save you
harmless and any carrier transporting said oil for your account against any and all liability for loss.cost.damage and expense,including attorneys'fees,which you or the carrier may suffer or incur on
account of receiving,transporting and paying us for said oil,
FOURTH:The undersigned severally agree to notify you of any change of ownership and no transfer of interest shall be binding upon you until transfer order and the recorded instrument evidencing
such transfer,or a certified copy thereof.shall be furnished you.Transfers of interest shall be made effective on the first day of the calendar month in which notice is received by you.You are hereby relieved
of any responsibility for determining if and when any of the interests hereinabove set fonh shall or should revert w or be owned by other parties either as a result of the completion or discharge of money or
other payments from said interests,or otherwise;and the signers hereof whose interests are affected by such money or other payments,if any,or by the reversion or change of an interest for any other reason.
agree to give you notice in writing by registered letter addressed to you at Oklahoma City,Oklahoma,when any such money or other payments have been completed or discharged or when any other division
of interest than that set forth above shall,for any reason,become effective and to furnish transfer orders accordingly,and that in the event such notice shall not be received,you shall be held harmless in the
event of,and are hereby released from any and all damage or loss which might arise out of any overpayment.The undersigned hereby further agrees to reimburse you for all amounts incorrectly paid to the
undersigned for the above-described property.
FIFTH:Working Interest owners and/or Operators who sign this Division Order,and each of them,guarantee and warrant for your benefit and that of any pipeline or other carrier designated by you to
run or transport said oil,that all oil tendered hereunder has been and/or will be produced in accordance with applicable laws and/or official rules and regulations.
SIXTH:This Division Order shall become valid and binding on each and every owner above named as soon as signed by such owner,regardless of whether or not all of the above named owners have so
signed and shall likewise be binding upon the heirs,personal representatives,successors and assigns of the panics hereto.and the undersigned hereby agree to all the terms and conditions of the Division
Order now in effect and force.
SEVENTH:You are authorized and directed to deduct operating expenses as furnshed by the lease operator from the undersigned's interest,(if same is a participating or pooled working interest),as set
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 for aetailed statements of all charges and credits
of operating expenses at such intervals as agreed upon by the operator and the undersigned working interest owner.
SI URE O s: �E l 21GSIGNATURE OF OWNERS SOCIAL SECURITY itcATTEST: ��� � TAXPAYER NUMBER
•
W D COUN Y LE C ARD G RGE KE NED /1 /92
BY: CHAIRMAN 84-6000813
DEPUTY L RK 0 BO D
WELD COUNTY BOARD OF COMMISSIONERS
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.
920636
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EXHIBIT A
LEHFELDT C 27-11 , 12, 13 & 14 -- LEASE NUMBER 304973-0
1992-07-07
Page Two
DECIMAL INTEREST
OWNER NUMBER OWNER NAME & ADDRESS INTEREST TYPE
01-040837 MARION V. CROSS 0.00638440 RI
2101 S. GARFIELD AVE. #330
LOVELAND C080537
03-108097 THE FARMER'S RESERVOIR AND 0.00328120 RI
IRRIGATION COMPANY
80 S 27TH AVE
BRIGHTON CO806012641
01-057754 CARSON CARROLL GILBERT 0.00638440 RI
TESTAMENTARY TRUST
UNITED BANK OF GRELEY, NA &
ROBERT GILBERT, CO-ADMINS.
01-057750 ROBERT M. GILBERT AND 0.00638440 RI
FRANCIS D. GILBERT
01-057752 WILLIAM W. GILBERT AND 0.00638440 RI
MARGARET L. GILBERT
01-040833 RICHARD W. LEHFELDT AND 0.03192190 RI
BONNIE L. LEHFELDT, TRUSTEES
1159 ALMOND AVE
REDDING CA960011309
01-040836 VIRGINIA C. SAALE 0.00638440 RI
8545 CARMEL VALLEY RD # 14K
CARMEL CA939239556
01-057751 FRANCES E. STEVENS AND 0.00638440 RI
DONALD P. STEVENS
03-105466 WELD COUNTY BOARD OF 0.06906250 RI
COMMISSIONERS
PO BOX 758
GREELEY C0806320758
03-009994 TED E. AMSBAUGH 0.00106410 ORI
RR 1 BOX 168
BOTTINEAU ND583189723
03-107112 JEANNE A. ANDERSON 0.00005320 ORI
2630 FERN DR
WESTMINSTER C0800305649
01-037385 BARRETT RESOURCES CORPORATION 0.00585230 ORI
1125 17TH ST STE 2400
DENVER COB02022044
03-107111 VICKI L. CLARK 0.00015960 ORI
405 URBAN ST STE 302
LAKEWOOD CO802281230
03-019484 STEPHEN B EVANS 0.00106410 ORI
215 UNION BLVD STE 450
LAKEWOOD C0802281841
03-110232 PAUL D. FRANKS 0.00212810 ORI
1856 BALSAM AVE.
GREELEY C080631
01-057753 STEPHEN D. RICKS 0.00212810 ORI
03-078776 BARRY L SNYDER 0.00106410 ORI
BLDG. 4,
777 S WADSWORTH BLVD STE 215
LAKEWOOD CO802264327
B 1343 REC 0229. 36 07/16/92 15 :13 $G JO 4/005 9706 ors
F 1291 MARY ANN FEUERSTEIN CLERK & RECORDER WELD cm _ rn
EXHIBIT A
LEHFELDT C 27-11 , 12, 13 & 14 -- LEASE NUMBER 3O4973-O
1992-O7-O7
Page Three
DECIMAL INTEREST
OWNER NUMBER OWNER NAME & ADDRESS INTEREST TYPE
03-079924 CHRISTINA L. SNYDER 0.00015960 ORI
5562 GOLF COURSE DR
MORRISON C0804652103
01-057783 TWO-B ENERGY CO. 0.00106410 ORI
03-090132 LAURENCE N. WATTS 0.00015960 ORI
PO BOX 280642
LAKEWOOD 00802280642
03-095530 ZENITH DRILLING CORP. 0.00212810 ORI
100 N. BROADWAY, STE. 505
WICHITA KS67202
01-043674 GERRITY OIL & GAS CORPORATION 0.82180930 WI
4100 E MISSISSIPPI AVE tt 12OO
DENVER C0802223057
O3-OOO2O7 SNYDER OIL COMPANY 0.01859370 WI
PO BOX 970102
DALLAS TX753970001
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F 1292 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 9206 96
TOTAL
Total Petroleum,Inc.
SUITE 200 515 CENTRAL PARK DRIVE OKLAHOMA CITY. OKLAHOMA 731051702 TELEPHONE 405 525-8100
Attention: Lisa Brewer Telephone:(405)557-7064
INSTRUCTIONS TO ALL INTEREST OWNERS
(Read carefully before signing the enclosed instrument.)
THE ENCLOSED INSTRUMENT SHOULD NOT BE ALTERED IN ANY WAY UNLESS
ACCOMPANIED BY DOCUMENATION SUPPORTING THE ALTERATION.
SIGNATURE: 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 disinterested people.
If signing for a partnership, All of the partners must sign, unless a specific
partner has been given signatory rights. A certified 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 parties shown.
SIGNATURE BY If the enclosed instrument is signed by an Agent, Guardian, Attorney-In-Fact,
SECOND-PARTY: Estate Representative, Trustee, or any party other than the named interest
owner, evidence of the executory rights of the signatory party must be
attached.
SOCIAL SECURITY Please provide your social security or taxpayer identification number. Failure
NUMBER OR TAX to furnish this number will result in a 20% backup withholding tax in
IDENTIFICATION accordance with federal income tax law and may subject you to a $50.00
NUMBER: penalty by the I.R.S.
MAILING Indicate in the space provided the proper check mailing address. PRINT OR
ADDRESS: 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.
LEASE NUMBER: 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.
ADDRESS You should notify us PROMPTLY of any change in your mailing address.
CHANGE: 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.
SUSPENSE: 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.
CHECKS: No check will be issued by Total Petroleum 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 OUR ENCLOSED, SELF-ADDRESSED ENVELOPE TO RETURN THE EXECUTED
INSTRUMENTS, WITHOUT DELAY, TO US. RETAIN THE EXTRA COPY FOR YOUR
RECORDS.
TOTAL PETROLEUM, INC.
515 Centarl Park Drive, Suite 200
Oklahoma City, Oklahoma 73105
9206e/6
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