HomeMy WebLinkAbout920290.tiff AR22 S3198 RESOLUTION
RE: APPROVE DIVISION ORDER TO TOTAL PETROLEUM, INC. , FROM GERRITY OIL AND GAS
CORPORATION 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 ''
or
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WHEREAS, Weld County, Colorado, has received a Division Order to Total co r
Petroleum, Inc. , Suite 200, 515 Central Park, Oklahoma City, Oklahoma 73105,
from Gerrity Oil and Gas Corporation, and M (�
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WHEREAS, said Division Order covers land more particularly described as Z m
follows:
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Township 5 North, Range 64 West, 6th P.M.
Section 15: E; Slitm o
Weld County, Colorado
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WHEREAS, Weld County is entitled to a one-eighth royalty interest on
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production, and
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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 n
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WHEREAS, said Division Order has been reviewed by a member of the Weld xt
County Attorney's staff and found to be in order, and
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WHEREAS, the Board deems it advisable to approve said Division Order on the n
parcel of land described herein. 0
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Division Order to Total Petroleum, Inc. , Suite 200,
515 Central Park Drive, Oklahoma City, Oklahoma 73105, from Gerrity Oil and Gas
Corporation, 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.
920290
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DIVISION ORDER - TOTAL PETROLEUM, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 30th day of March, A.D. , 1992.
/ > `�� A BOARD OF COUNTY COMMISSIONERS
ATTEST: i9 1J/„ I ij_ WELD COUNTY, COLORADO
Weld County Clerk to the Board
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BY: �% �u�hs t G 2a
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Deputy Cle 'L`o ' he Board Constance L. Harbert, ro-Tem®� �/y'C. W. / T
County Attorney ::r7. ay
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920290
TO: Total Petroleum, Inc. DIVISION ORDER Lease No. 304635
Suite 200 LGT
515 Central Park Drive
Oklahoma City, OK 73105
WELD CC!.'.`:I Y March 20 , In 92
The undersigned and each of us, [eflfgand(gtlarentectte�'we are the legal owners of and hereby warrant the title to our respective
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interests as set out below in all oil produced from all wells on the
GERRITY OIL & FQ#Pa AT �ONi;i 9i.0USTALET B15-11 & 15-14 farm or lease, located in
Weld t County, State of Col orado , more particularly described as follows:
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TO PA d ;.-.r::D:,
E/2 SW/4 of Section 15-5N-64W
Effective 7 a.m., FIRST RUN (July 21 , 19 ID,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
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SEE ATTACHED EXHIBIT A c
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FIRST:The oil purchased in pursuance of this Division Order shall he merchantable and become your property upon delivery thereof to you or to any pipe line designated by you.Quantities of oil run Z
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 n
dirt,sediment and other impurities are to be made m 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 t., N
render it merchantable.
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SECOND:The oThc oil received in pursuance of the Division Order shall be paid for to the party or parties entll d 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 nil to the field to which it is received.If it is necessary to transport crude oil hereunder by truck then,in that Tv'
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 for such oil and upon the volume computation made by such purchaser.Payments shall be made monthly for oil received and a' iP
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 l7L�
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 0
the same in our behalf.
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THIRD:In case of any question,controversy or adverse claim of title which to your opinion adversely affects title to any interest credited hereunder,or in case title shall not be satisfactory to you at an> Di O
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 Z ,O
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. o
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 O w
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 forth shall or should revert to 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, e
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 (7
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 parties 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 furnished 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 detailed statements of all charges and credits
of operating expenses at such intervals as agreed upon by the operator and the undersigned working interest owner.
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SIGNAT E OF W NE - SIGNATURE OF OWNERS SOCIAL SECURITY
OR
viet TAXPAYER NUMBER
ATTEST:
WE COUN .` K TO B RD RGE K EDY, CHAIRMAN
BY: WELD COUNTY BOARD OF COMMISSIONERS 84-6000813
E UTY C K TO BOARD
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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.
341-Ott R9/91 QPCo.
920290
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EXHIBIT A
LOUSTALET -- LEASE NUMBER 304635-0
1992-03-20
DECIMAL INTEREST
OWNER NUMBER OWNER NAME & ADDRESS INTEREST TYPE
01-52650 JOHN A. DONINGER 0.00190000 RI
3997 SOUTH MAGNOLIA WAY
DENVER C080237
01-52655 ROBERT A FRENZEL 0.04143570 RI
P 0 BOX 189
KERSEY C080644
01-52651 DAVID CLARK LITTLER 0.03095410 RI nn to
1995 VIA MIRALESTE r
UNIT 1123 w
PALM SPRINGS CA92262 I- I-
rr
01-52653 ARDITH RENEE LOUSTALET 0.00206370 RI ,_
2725 VIRGINIA DALE DRIVE
FORT COLLINS 0080526 N
Z N)
03-09182 FRANCIS M. LOUSTALET 0.04333580 RI `, z w
2015 BUENA VISTA DR "�11/40
GREELEY CO806316624 C co
to
01-52652 GARY H. LOUSTALET 0.00206360 RI H
14408 E. ARKANSAS DR.
AURORA C080012 H
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01-52654 WADE ANDRE LOUSTALET 0.00206360 RI r w
313 SALEM COURT
AURORA C080011
03-09165 WARREN H. LOUSTALET 0.01238160 RI '3 )a-
313 SALEM CT h�
AURORA 00800118409 0
03-05466 WELD COUNTY BOARD OF 0.00170430 RI
COMMISSIONERS
PO BOX 758 o0
GREELEY 00806320758
03-05963 KENNETH F. APPIS 0.00185720 ORI
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10087 WOLFF ST
WESTMINSTER CO800302529 o
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03-06007 ADAM BUNA 0.00061910 ORI v
0/0 FIRST BANK OF BOULDER
ACCT. #282-7255
6500 LOOKOUT RD
BOULDER 00803013303
01-52651 DAVID CLARK LITTLER 0.00619080 ORI
1995 VIA MIRALESTE
UNIT 1123
PALM SPRINGS CA92262
01-52653 ARDITH RENEE LOUSTALET 0.00041270 ORI
2725 VIRGINIA DALE DRIVE
FORT COLLINS C080526
03-09182 FRANCIS M. LOUSTALET 0.00866710 ORI
2015 BUENA VISTA DR
GREELEY 00806316624
01-52656 GARY H. LOUSTALET AND 0.00041270 ORI '-
BARBARA E. LOUSTALET
14406 EAST ARKANSAS DR.
AURORA C080012
01-52654 WADE ANDRE LOUSTALET 0.00041270 ORI
313 SALEM COURT
AURORA 0080011 y
92V290
EXHIBIT A
LOUSTALET -- LEASE NUMBER 304635-0
1992-03-20
DECIMAL INTEREST
OWNER NUMBER OWNER NAME & ADDRESS INTEREST TYPE
03-09185 WARREN H. LOUSTALET 0.00247630 ORI
313 SALEM CT
AURORA 00800118409
03-00366 TERRY D. MEYER AND 0.00742900 ORI
JOANNE D. MEYER, JT
1251 TALL PINE CIR
GULF BREEZE FL325614744
03-57622 BRENT J. MORSE 0.00371450 ORI
410 SEVENTEENTH STREET
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SUITE 2001
DENVER C080202 Do F'
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CO
03-79859 SOVEREIGN OIL COMPANY 0.01547710 ORI
C/O PLUM DITCH CO. 'may v
P 0 BOX 1904 t
FORT LEE NJ07024
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01-48729 TCW DR III ROYALTY PARTNERSHIP 0.04741710 ORI z o0
Ci0 TRUST COMPANY OF THE WESTCr
ATTN: CHIEF FINANCIAL OFFICER t# t°
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400 S HOPE ST BLDG 500
LOS ANGELES CA900712806
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03-08363 FREDERICK UPHAM 0.00185720 ORI Ho
PO BOX 774987 z
STEAMBOAT SPRINGS CO804774987
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03-08373 NEBIL G. ZARIF 0.02228690 ORI 7 %cr
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616 NIMES RD 'J
LOS ANGELES CA900773417 a
CD-
01-43674 GERRITY OIL & GAS CORPORATION 0.74286720 WI 1 nO
4100 E MISSISSIPPI AVE # 1200
DENVER 00802223057 tzi
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97,0290
TOTAL
Total Petroleum,Inc.
SUITE 200 515 CENTRAL PARK DRIVE OKLAHOMA CITY. OKLAHOMA 7 310 5-170 2 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
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