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Home My WebLink About920589.tiff AR2294493 RESOLUTION RE: APPROVE DIVISION ORDER TO ENRON OIL TRADING AND TRANSPORTATION 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 Division Order to Enron Oil Trading and Transportation Company, P.O. Box 1188, Houston, TX 77251-1188, and WHEREAS, said Division Order covers land more particularly described as follows: Township 6 North, Range 65 West, 6th P.M. Section 19: NW* 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 Division Order to Enron Oil Trading and Transportation Company, P.O. Box 1188, Houston, TX 77251-1188, 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 1342 REC 02294493 07/07/92 10 :28 $0 . 00 1/004 F 0853 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 920589 l c no02- cc_ . K � �Zi�; � ' 04g. loon i 0) DIVISION ORDER - ENRON OIL TRADING AND TRANSPORTATION COMPANY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of June, A.D. , 1992. �' GC4 BOARD OF COUNTY COMMISSIONERS ATTEST WELD C UNTY, COLORADO Weld County Clerk , the Board Geems�age Ken dy, C� airman (p �14 BY: (n/Z��- ',f a 'y �2' ir�P� Y7 �� iL�i-fie Deputy Clerk/ /the Board Constance L. Harl ert, Pro-Tem i. APP ROVED„ASk �lC gM: EXCUSED . C. W. Ki County Attorney Gor cy • W. H. Webster B 1342 REC 02294493 07/07/92 10 :28 $0 . 00 2/004 F 0854 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 920589 TO: Enron Oil Trading & Transportation Cc _. any _ DIVISION ORDER CONTRACT NO. 47673 P.O. Box 1188 Houston, TX 77251-1188 Effective as06/.0 of /grs[31/92 Issued: 9 zL We, the undersigned, and each of us, hereby declare, warrant and agree that we are the owners, in the proportions set out below, of all the oil produced from the Operator CONQUEST OIL CO. Lease MONFORT #11-19 Field WILDCAT-COLORADO Described As MONFORT** OR* ****9 NW/4 NW/4 OF SECTION 19, TOWNSHIP 6 NORTH, RANGE 65 WEST, LOCATED IN WELD COUNTY, COLORADO • THE BELOW DENOTED INTEREST WAS DERIVED FROM PAYSHEETS DATED MAY 8, 1992 FROM TOTAL PETROLEUM B 1342 REC 02294493 07/07/92 10 :28 $0 . 00 3/004 F 0855 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO We,and each of us,whether one or more,declare and agree that you are not obligated to purchase all the oil produced from the above described property and that you are hereby authorized, until further notice to receive from said property for purchase from said parties severally in the proportions named, that part of such oil as you desire to purchase subject to the following conditions: 1. The oil purchased under the provisions of this division order shall become your property as soon as the same shall be taken into your custody or delivered on your order to a connecting carrier. 2. Settlement for the oil purchased by you under the terms of this division order shall be based upon the price agreed upon between you and the operator or, in the absence of such an agreed price, then on the basis of the prevailing price paid by you for oil of the same gravity, grade and quality received in the same field on the same date, subject to payment of severance tax and the cost of treating the oil as necessary to render it merchantable. 3. In computing the amount of oil received, corrections shall be made for temperature, at the time and place of delivery. Temperature deductions or allowances shall be made on a basis of 60•Fahrenheit temperature in accordance with the ASTM D 1250-80 Petroleum Measurement Tables.The oil,when delivered to you or your agent,shall be merchantable and commercially free of impurities. Proper deductions shall be made for any impurities. When it is necessary to treat the oil to render it merchantable, such treatment shall be at the expense of the seller. 4. We, and each of us, agree to furnish you satisfactory evidence of title to the property and the oil and, in the event of our failure to do so, to furnish to you a corporate indemnity bond or other security satisfactory to you before requiring payment for said oil and we further agree that you may retain the purchase price of the oil without (Continued on reverse side) STATEMENT OF OWNERSHIP AND DIVISION OF INTEREST Name and Address Interest(sl Type of Interest WELD COUNTY COLORADO P 0 BOX 758 .00296030 ROYALTY GREELEY CO 80632-0758 DLR 47673 000 E 226336 We hereby authori• you to run sa '; v psi until further notice, to pay for all oil taken from said property, as herein indicated: WITNESSES: (Th e must i o•, 7 1 each gnature.) OWNER SIGNATURE: ■If I � ATTEST• Ie o/l.,/i ► (h�� -�� BOARD OF COUNTY COMMISSIONERS e1d. CQ :ty leek to the Board WELD CO TY COLORADO BY: Deputy C1 rk BY: George ennedy, Chairman 7/1 1-,EXO Social Security or Federal 84-6000813 920589 C7na" Identil ication Number FOrin >5A 111/e91 interest, until satisfactory evidence of title, bond or other security is furnished,as above set forth. We, and each of us, further agree that in the event of adverse claim, question or dispute at any time concerning the title to such oil or any part thereof, or the title to all or any portion of the proceeds from the sale thereof, or the title to all or any portion of the land or teasels) from which such oil is produced, you may retain without interest the proceeds of all oil received to the extent of the interest involved in such adverse claim, question or dispute,until indemnity satisfactory to you has been furnished or until said claim,question or dispute as to ownership has been finally resolved and, in the event any action or suit is filed in any court affecting the title either to the real property above described or to the oil produced therefrom in which any of the undersigned are parties, written notice of the filing of said action shall be immediately furnished to you by the undersigned stating the court in which same is filed and the title of such action or suit. 5. You are authorized to pay when required or permitted by any law, all taxes, fees and charges imposed by the federal or state governments, or any political subdivision thereof, in respect to or which may be a lien upon said production or the proceeds therefrom, or the lease from which the production is obtained and to deduct from any amount accrued hereunder to the undersigned such party's proportionate part of the payment so made. 6. You arc hereby relieved of any responsibility for determining when any of the interest herein shall increase, diminish,be extinguished or revert to other parties as a result of the completion or discharge of money or other payments from said interests, or as a result of the increase in production or as a result of a change in the depth, the method or the meats of production, or as a result of a change in the allocation of the tract or tracts to a well or wells on the above described property by conventional agreement or oy order of governmental authority, or resulting from any other contingency, and you are hereby authorized to continue to remit, pursuant to the below division of interest, until you receive notice in writing to the contrary by mail addressed to you at Houston, Texas. You shall be held harmless in the event said written notice is not received and are hereby relieved of any responsibility for loss arising out of an overpayment or otherwise as a result of the failure to receive said written notice. 7. In the event any interest listed herein is transferred or assigned in whole or in part, the transferor agrees to make such transfer, insofar as your payments for oil are concerned, effective at 7:00 a.m. on the morning of the first day of a calendar month. The transferor is further obligated to promptly furnish you with a certified copy of the instrument effecting the transfer, and agrees to execute your regular form of transfer order reflecting such transfer or assignment. In the event of such transfer or assignment, if you continue to make payment for a lessor or reduced interest pursuant to this division order,all of the terms and provisions of this division order shall apply to any such payments which you may make hereunder, for any such lessor or reduced interest (even though such payments shall be for an interest which is less than the interest set forth above). S. You may discontinue purchasing oil produced from the above described property upon giving thirty(30)days prior notice to the person, firm,or corporation in charge of the operations for producing oil therefrom. We, and each of us, will give you thirty (30) days prior notice before cancelling or discontinuing any or all of the oil sales being made, or to be made, by each of us hereunder. Notwithstanding anything to the contrary stated or implied above, no such cancellation of discontinuation of oil purchases/sales shall occur prior to the end of a calendar month. 9. This agreement and division order may be signed in counterpart and shall become valid and binding on each and every owner named herein as soon as signed by such owner, regardless of whether or not any of the other named owners have so signed, and shall be binding upon an inure to the benefit of the heirs, successors in interest, legal representatives and assigns of the parties hereto. 10. Where the term"oil"is used herein,it is intended to include"distillate or condensate". 11. Each of the undersigned agrees to protect and indemnify you from,against and for any loss or expense which you may suffer or sustain or become liable for by reason of your purchase, pursuant hereto,of said undersigned's interest,as herein set out,in said oil and the payment therefore to said undersigned, regardless of how the same may arise. 12. If any portion or provision of this document should at any time fail, be declared illegal by a court of competent jurisidiction or be rendered unenforceable, this entire document shall not fail and all of the'surviving terms and provisions of this document shall remain in full force and effect, subject to the above stated cancellation and/or revocation rights held by you and the undersigned. 13. Special Provisions: THE OWNERSHIP ON THIS 84-6000813 DIVISION ORDER WAS DERIVED FROM TOTAL PETROLEUM INC. PAYSHEETS PROVIDED BY CONQUEST OIL COMPANY. A CURRENT DIVISION ORDER TITLE OPINION WAS NOT UTILIZED. THEREFORE IT IS REQUESTED THAT EACH OWNER GIVE SPECIAL CONSIDERATION TO VERIFY THE CORRECTNESS OF THIS INTEREST BEFORE EXECUTING AND RETURNING ONE COPY OF THIS DIVISION ORDER. B 1342 REC 02294493 07/07/92 10 : 28 $0 . 00 4/004 F 0856 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO WELD COUNTY COLORADO P O BOX 758 GREELEY CO 80632-0758 • 920559 ENRON Oil Trading & Transportation Company ,P• ;= i P.O.Box 1188 Houston,TX 7 72 51-11 88 Cl (713)853-3206 DEAR INTEREST OWNER Enron Oil Trading & Transportation Company is purchasing crude oil production from the property described in the attached division/transfer order. It is important that you read the division/transfer order carefully and confirm the decimal interest and payment information before executing and returning one copy of the order to this office. One copy should be kept for your records. To avoid any delay in payment, please follow the instructions outlined below: ... 1•...Qi.+. �,- 4•1,0 di": Cion'transfer SIGNATURE ✓r l 1v.ir ouw r order. Two adult witnesses should also sign the division/transfer order. Your spotse should also sign if the property is in Louisiana. CORPORATIONS If signing for a corporation, the signature must be attested and the title of the signatory party shown. The name of the signatory party should be typed below his/her signature. ATTORNEYS-IN-FACT If the division/transfer order is signed by an OR GUARDIANS a ent, attorney-in-fact, guardian, or any party other than the named interest owner, please furnish documentation of the rights vested in the signatory party. MAILING ADDRESS Verify the address to which checks are to be mailed. Print or type. Do not abbreviate. If you are already receiving checks from this company, be sure to use the same address to which we are now mailing checks. CHANGE OF ADDRESS Notify us immediately in writing of any change in your mailing, address. This notice must include your own signature or the signature of the 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. SOCIAL SECURITY OR Under the provisions of Public Late 98-67 statute FEDERAL ID NUMBER 369 of the Interest and Dividend Tax Compliance Act of 1983, backup withholding of Federal Income Tax from payments to owners is required of payors when owners do not provide their taxpayer identification number. To avoid the 20% withholding, please enter either your social security or federal identification number in the space provided on the form beneath the signature space. If you are waiting for receipt of a taxpayer identification number, indicate applied for" in the space provided and forward the number to us within 60 days. If you are a resident of a foreign country without a U.S. Tax identification number please indicate that on the form. Yours truly, ,) SPECIAL INSTRUCTIONS: I, Donna Reeves •. Division Order Analyst Division Order Department DR/jib 920589 Form203A 01/90mm Part of the Enron Group of Energy Companies Hello