HomeMy WebLinkAbout910255.tiff A82246660
RESOLUTION
RE: APPROVE OIL DIVISION ORDER FROM EDDY OIL 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
rn O vested with the authority of administering the affairs of Weld County,
o U Colorado, and
0
~ OU WHEREAS, Weld County, Colorado, is the holder of a certain lease with
[a Eddy Oil Company, and
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0 3 WHEREAS, said lease covers land more particularly described as
o 0 follows:
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2 Township 4 North, Range 67 West, 6th P.M.
O Section 26: W/2 SE/4
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o Weld County, Colorado
u,
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0 W WHEREAS, Eddy Oil Company has submitted an Oil and Gas Division Order
W on the subject property, and
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o Z WHEREAS, Weld County is entitled to a one-eighth royalty interest on
H production, and
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o a WHEREAS, in order to receive said royalty interest, Weld County must
W execute said Division Order, a copy of which is attached hereto and
o w incorporated herein by reference, and
c G,
c 2 WHEREAS, said Division Order has been reviewed by a member of the
N Z Weld County Attorney's staff and found to be in order, and
0
U a WHEREAS, the Board deems it advisable to approve said Division Order
W on the parcel of land described herein.
a
m � NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
N of Weld County, Colorado, that the Oil and Gas Division Order as submitted
by Eddy Oil Company, 1432 South Lansing Street, Aurora, Colorado 80012,
44 k' 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.
910255
LE 6153
Page 2
RE: DIVISION ORDER - EDDY OIL COMPANY
M O The above and foregoing Resolution was, on motion duly made and
o U seconded, adopted by the following vote on the 3rd day of April, A.D. ,
0 1991.
NO
U BOARD OF COUNTY COMMISSIONERS
A ATTEST: Plad
_�/� _ WELD COUNTY, COLORADO
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3 0 Weld County Clerk to the Board EXCUSED
a W Gordon E. Lacy, Chairman
w B Deputy Ck toe Board_ George Kennedy, Pro-Tem U
APPROVED AS 0 FORM:
o' Constance L. Harber
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910255
EDDY OIL COMPANY
OIL AND GAS DIVISION ORDER
TO: EDDY OIL COMPANY
1432 So. Lansing Street
Aurora, Colorado 80012 Property No.: Wolfson 26-10
Date: March 20, 1991
Each of the undersigned warrants that he is the owner of the interest set out below opposite his name of the oil (which includes
condensate and other liquid hydrocarbons)and gas(which includes oil well gas and all other gaseous substances),or the proceeds or
value thereof, produced from the Wolfson 26-10 lease, unit, pooled or communitized area in
Weld County, Colorado , described as follows:
Township 4 North, Range 67 West, 6th P.M.
Section 26: W1SE1
Mo U Subject to the covenants appearing on the reverse side of this page,and commencing as of 7:00 a.m. date of first production
o and until further written notice either from the undersigned or from you,you are authorized to receive oil, [has, poil and gas
raj O production therefrom and to purchase and pay for such indicated production as follows:
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O W CREDIT TO ADDRESS INTEREST
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'} p Weld County Colorado 915 10th Street .0004819 RI
Greeley, CO 80631
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o rni Each of the covenants contained on the reverse side of this page is incorporated in this Division Order by this reference.
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� CCrl Signatures of Witnessess Owners Sign Below Taxpayer Identification or
1O k+ (or attest) - (Enter Mailing Address) Social Security Number
m' 2 t/ WELD COUNTY COMMISSIONERS
o Gu;ZIW i G'/eVeir r�,, 84-6000813
Wa pWeW Cou ty er/kyt�o� the "Board eorge enne y, Chairman Yro- Tt��
Gx y J /I Address: P.O. Box 758
L.r) ut By: Dep/ y Clerk
N V' Crawley, CO 80639
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CO R,
Address:
Address:
910.flia
L.E0153
The following covenants are an integral part of this Division order and shall be binding upon each interest owner executing this Division
Order("I"or"ele-)and upon all my successors,legal representatives and assigns,without regard to whether any other interest owner or
owners have so signed.
0lt_: Oil received and purchased hereunder shall become your property when delivered to you or your purchaser or to any public or private
carrier designated by you. Such oil shall be credited to me in proportion 10 my interest shown on the face of this Division Order;based upon
the price actually received by you from your oil purchaser and upon the volume computation made by your oil purchaser. You or your oil
purchaser shall receive only oil which.in the sole opinion of you or your purchaser,is merchantable. You are hereby authorized to deduct
f rom the proceeds which otherwise would be paid tb me my proportionate share of the actual cost of rendering the oil marketable,storing
the oil at any point other than the lease tanks,and transporting the oil to the puchasees point of delivery.
•
GAS: Settlements for my intere=st in gas or the"value"or"market value"thereof shall be based upon the actual net proceeds received by
you at the well from yo.,r gas purchaser when the gas is sold.at the well;if,gas is sold.processed or used off the premises.settlements shall
be based upon the Market value at the well of the,gas.based upon the allocation set forth in a processing agreement covering such gas or.
absent such agreement.upon the same basis as settiements made to other producers for gas of like kind and quality from the same field or
area;provided,however,that such market value;at ine WP,Itsshallnever ekceed'the neTpeOceeds'actuaify recelved'be you from your gas
purchaser.
COMMINGLED PRODUCTION: if the oil or gas is commingled with production from other separately owned land prior to delivery to your
purchaser or carrier;my share of the commingled production shall be determined by meter measurements,periodic well tests,or any other
method generally accepted in the industry as an equitable basis for determining the quantity and quality of production sold or delivered
from each separately owned tract.;provided, however,that such method shall be uniformly applied to all concerned tracts.
UNITIZATION: I hereby loin and ratify the terms of any declaration or order establishing the pool,communitized area.or unit, if any.
described on the face of this Division Order. In addition.a all or any portion of the iand described herein is included in one or more units
now or hereafter formed or revised either voluntarily or by order of any appropriate governmental authority.I agree that this Division Order
shall be subject to such unit or units and that settlements to me shall be made in accordance with the production allocated to said land
without the execution of additional division orders.
SETTLEMENTS: Settlements snail be made each month by check mailed by you to me according to the division of interest herein
specified. less any production, severance.occupation or other tax required to be paid or withheld with respect to my interest. If the
proceeds due me for any month are iPss than$20,you may defer settlements until the accruals total that sum,provided settlement shall be
made at least once each calendar year regardless of amount,
NOTICE OF TRANSFER: You shall not be responsible for any change;n the ownership of my interest unless you have received actual
notice and satisfactory proof thereof. I agree to notify you in writing of any change of my ownership and,if requested by you,to execute and
deliver to you an appropriate transfer order in your customary form concerning any such transfer or assignment of my interest. I also agree
that any transfer.assignment or conveyance of any of my interest hereunder shall be made subject to this Division Order and effective at
7:00 a.m.on the first day of the calender month in which notice is received. Without regard to whether any contingency is expressly stated
in this Division Order,you are hereby relieved of any responsibility for determining when any interest set forth herein shall increase,
diminish,be extinguished or revert to other parties as a result of the completion of any money or other payments f rom any interest,or as a
result of the expiration of any time'or term limitation(either definite or indefinite).or any other contingency. Until you receive notice in
writing to the contrary,you are authorized to make all settlements pursuant to the division of interest shown on the face of this Division
Order.In the evert said written notice is not received by you.I shall hold you harntless for any error resulting in over or underpayment.or a
wrong payment of any such sum or sums.
TITLE EVIDENCE: Evidence of title satisfactory to you shall be furnished to you at the effective date hereof and at any time thereafter when
requested by you. If such evidence of title is not furnished.or in the event of any claim or controversy which.in your opinion,concerns title
to any interest hereunder,you may hold.without interest and without any liability,the amount which otherwise would be credited to
until indemnity satisfactory to you has been furnished.or until such claim or controversy rs settled to your satisfaction.
INDEMNIFICATION: I agree to protect and indemnify you and your production purchaser from and against any loss or expense which you
and your production purchaser may suffer,sustain.or become liable for by reason of your and your production purchaser reliance on this
Division Order,regardless of how such loss or expense may arise and including.but not limited to,the following:any judgment rendered in
an action affecting Het°either the real property herein described or the oil and gas produced therefrom;all reasonable costs or expenses
incurred in defending in such action your position or that of your production purchaser;any claim or judgment for any tax which may be
asserted by any taxing authority against you or your production purchaser in connection with any sum of money held in suspense by you or
your production purchaser during the existence of any claim or controversy.
LEASE RAT;FICATION: In consideration of the payments to be made to me hereunder.I ratify and confirm each oil and gas lease relating
to my interest and agree that such lease is now in full force and effect.
CANCELLATION: This Division Order shall remain in full force and effect until cancelled by any party hereto by providing 30 days'
advance written nonce of such c..ancellatIon to the respective parties at their addresses as shown herein. Cancellation of any other interest
owner shall not affect my interest.nor shall my cancellation affect any other interest owner.
GENDER: References contained herein to"he"shall be deemed to refer to"he"."she".or"it":as appropriate.
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