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HomeMy WebLinkAbout910481.tiff A82253020 RESOLUTION RE: APPROVE DIVISION ORDER WITH PERMIAN OPERATING LIMITED PARTNERSHIP AND AUTHORIZE CHAIRMAN TO SIGN M W WHEREAS, the Board of County Commissioners of Weld County, Colorado, H pursuant to Colorado statute and the Weld County Home Rule Charter, is vested N o with the authority of administering the affairs of Weld County, Colorado, and °0I-' n WHEREAS, Weld County, Colorado, has received a Division Order with Permian o Operating Limited Partnership, and N z u, w PO o WHEREAS, said Division Order covers land more particularly described as C N follows: TO Township 5 North, Range 66 West, 6th P.M. Section 33: SE! SW,' H �+ Weld County, Colorado Z Limited to production between the surface r of the earth and the top of the Niobrara [� Formation. 0 WHEREAS, Weld County is entitled to a one-eighth royalty interest on N production, and A O WHEREAS, in order to receive said royalty interest, Weld County must M v execute said Division Order, a copy of which is attached hereto and incorporated M o herein by reference, and c r d WHEREAS, said Division Order has been reviewed by a member of the Weld O r County Attorney's staff and found to be in order, and 0 no OerN 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 Division Order as submitted with Permian Operating Limited Partnership 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. 910481 LC o0b8 Page 2 RE: DIVISION ORDER - PERMIAN OPERATING LIMITED PARTNERSHIP MW The above and foregoing Resolution was, on motion duly made and seconded, w adopted by the following vote on the 5th day of June, A.D. , 1991. N or BOARD OF COUNTY COMMISSIONERS � ATTEST: /�jLiZA/G� WELD COUNTY COLORADOpa A Weld County Clerk to the Board N 2 N Gor La y, irman z cn i/ w�o �yf} N By.� _� tO Dp' ,exile to the Bow G'eor Kennedy, Pro-Tem . ( i APPROW A i0RM: 2�-/�-(At4fe12-4a�� H t � r" Constance L. Harbert Z1-1 n c rN County Attorney C. W. Kirby tt V/,� '1�u x W. Webster C+J A O d [tJ L z O • E O [q O r d n ON O C]O O � 910481 UMW DIVISION ORDER Lease No. 040140 March 27, 1991 T0: PERMIAN OPERATING LIMITED PARTNERSHIP dba PERMIAN P.O. Box 1183, Houston, Texas 77251-1183 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 tt FRANCIS ENERG`; INC, i« WW1 3344.-4r a Co farm or lease, located in Weld County, State of Colorado, more particularly described as c O follows: h1 n k O b N z t..) z cn w PI C N C O SE/4 SW/4 Section 33, ToWnship 5 North, Range 66 West, 6th P.M. , Weld County, y• a O1 Colorado. Limited to production obtained between the surface of the earth and the top of the Niobrara Formation, H1/4O • N ✓ ~ N O N and commencing at 7 A.M. , first runs and until further written notice either from you or us o you are authorized to receive oil therefrom, purchase it and pay for it as follows: th v DIVISION OF c CREDIT TO INTEREST MAILING ADDRESS • c r ROYALTY INTEREST A o u Louis E. Spomer 2.61767% x .1875 (.0049081) n c o � Weld County, Colorado 97.38233% x . 125 P.O. BOX 758 (.1217279) GREELEY, CO 80632 OVERRIDING ROYALTY INTEREST Steven W. Shefte (.0100000) Energy Minerals Corporation 97.38233% x .06 ( .0584294) WORKING INTEREST Francis Energy, Inc. 2.61767% x .8025 plus 97.38233% x .805 (.8049346) 910481 MAKE SURE YOUR CORRECT MAILING ADDRESS IS SHOWN ABOVE PC 259 (8-90) The following covenants are also parts.of this division order and shall be binding on the undersigned, their heirs, devisees, successors, legal representatives and assigns. ��.... FIRST: The oil received and purchased hereunder shall become your property as soon as the same is received into your custody, or that of any pipe line company or carrier designated by you, and the undersigned agree to look solely to you for payment of oil purchased hereunder and shall have no claim or recourse against any subsequent purchaser of said oil. SECOND: The oil received and purchased hereunder shall be delivered F. O. B. to any pipeline or carrier deeigoeted by you which gathers and receives said oil, and you shall pay for such oil to the respective owner; according to the division of interest above set forth at the same price per barrel received by the operator of the lease covered by this division order. .g The word "oil" used herein shall mean crude oil and condensate (or distillate) delivered hereunder. THIRD: Quality and quantity shall be determined in accordance with makermerchantable a ditions specified in the may refusehap receive meat with lease operator. The oil shall be steamed when necessary Th\a, any oil not considered merchantable by you. five roes FOURTH: Settlements and payments shall be made monthly by check mailed from your office to the respec pa - .. at the addresses above given, for the amount of such purchase Price due said parties, respectively, lees any taxes required by the law to be deducted and paid by you as purchaser. . FIFTH: Abstracts and other evidence of title satisfactory to you will be furnished to you at any time on demand. In the event of failure to so furnish such evidence of title,yor in ou may e event f my di of allte oil question at any and rune concerning title to the above lends, sf the oil produced therefrom, y until indemnity satisfactory to you has been furnished or until such dispute or question of title is corrected or removed to your satisfaction. And in the event any action or suit is filed in any Court affecting title either to the real proper of ty above described or to the oil produced therefrom in which any of the undersigned staing the Co parties, which the same otice of f is filed such action shell immediately be, furnished you b whether the title of such action or lint, and you or any carrier transporting oil for your account shag be held harmless from � � any judgment rendered in such suit and all reasonable costa and fexpenses Yo�aincurred in and the undersignedastssaid pay s, w judg- ment in your defense or in the defense of the carrier tramp N r and said coats and expenses. 'p w SIXTH: The undersigned severally shall notify you of any change of ownership, and no transfer of interest shall be � o binding upon you until a transfer order and the recorded instrument evidencing such transfer, or a certified copy shall be furnished to you. Transfers of interest shall be made effective not earlier than the first day of the calendar month in twhich notice is eresffi you. You are or shouldhreverteved hto or be o of wned by other parties responsibility for das a rresult offthed when completi n or discharge ," n of money or other payments from said interest and the signers hereof wh writing by interests are registered by saddresaed tuch o r other p payments, if any, assume said responsibility and shell give You ted N the shove address, when any such money or other payments have been completed or discharged or when any other division 'yL�� that ineven that set forth above such notice shall not be for received,reyoushall be held harmless in the become effective and to eventfurnish of and are hereby releer orders ased from z tn any and all damage or loss which might arise out of any overpayment. PI 0 r above l him`o her regardless of whetherhall any of thee other above nam and ed owners ha on each ve sosigned;and in consideration of that Pin'- C O cheese of oil hereunder, consent is given hereby to you and any pipe � company which you by etches you ouse to r cof onnect Purchases 0 o with the 0 wells or tanks on said land, to disconnect and remove such pipe H 0 under this division order. division guarantee and wariest td � EIGHTH: Working interest ownerspipe line or other carrier drs who essignated by you to run or each said oil, that all oil tend- H to for your benefit and that n any pipe n eyed hereunder has been and will be produced and handled in compliance with the Fair Labor Standards Act of 1938, and ti r any amendments thereto, and all other federal, state and municipal laws, rules and regulations. tr x � IN ACCORDANCE WITH FEDERAL LAW, PLEASE INDICATE YOUR SOCIAL SECURITY O 84-6000813 N OR IDENTIFICATION NUMBER: � •A O WNERS SIGN BELOW %p SS IGNA URE M v .„4.1"` ®�, Mr C ATTEST:; !¢! r GO . L C , IRMAN 6/3/91 !! 0 rap LERK TO THE BOARD WELD COUNTY BO - OF C.OMMTSSTONER3 O c / BY: p a E UTY G 4 THE BOARD c n Ost, BE SURE YOUR SIGNATURE IS WITNESSED AND YOUR CORRECT ADDRESS IS SHOWN N 9Z.C491 \ C • OFFICE OF COUNTY ATTORNEY 114 PHONE(303)356-4000 EXT.4391 BOX P.O. BOX 1948 i GREELEY,COLORADO 806320632 II I ig COLORADO April 8, 1991 Permian Operating Limited Partnership ATTN: Division Order Department P. O. Box 1183 Houston, TX 77251-1183 RE : Division Order for Lease No. 040139 Dear Sirs : Enclosed herein please find a copy of the Division Order sent to Weld County, Colorado, for the Spomer No. 1 well in the Northeast— Quarter Southwest Quarter (NE4SW4 ) of Section 33, Township 5 North, Range 66 West of the 6th P.M. , Weld County, Colorado. This Division Order is for Lease No. 040139 . Weld County' s records show that our Division Order in the past has been . 12033281 . The royalty interest on the enclosed Division Order is . 1132949 . In order to make our records complete, I respectfully request that Permian provide Weld County with an explanation as to how the royalty interest of . 1132949 was derived. Please call me at ( 303 ) 356-4000, extension 4391 , if I may be of any assistance in this matter. Thank you for your help in this matter. Very truly yours,I:1e ---77-igg7 uce T. Barker Assistant County Attorney BTB:sa Enc . x00 %7 / INSTRUCTIONS This Division Order should not be altered in any way unless accompanied by documentary evidence to support the change. Lease Number: On the front of the Division Order, second line from the top, you will find the number assigned to this lease. This number will appear on the statement attached to your check and should always be used when corresponding with Permian. IF YOUR NAME AND INTEREST ARE CORRECTLY SHOWN, COMPLETE THE FOLLOWING: Signature: Locate your name on the division order and place a check mark by it. Sign your name on the back of the Division Order the same as it is typed. It is also helpful if you print your name immediately below your signa- ture. Have your signature witnessed by at least If signing for a corporation, signature must be attested, corporate seal affixed and title of signatory party shown. If not previously furnished, a certified copy of authority of executing officer must be submitted. If signing for a partnership, all partners must sign unless signed by an authorized partner and then we must be furnished with a certified copy of his authority. Signature by Second Party: If the Division Order is signed by agent, attorney-in-fact, guardian, estate repre- sentative, trustee or any party other than the named interest owner, we must have evidence of the rights vested in the signatory party. Taxpayers Identification Number or Social Security Number: Insert your number in the space provided on the back of the Division Order. Mailing Address: Print or type (do not abbreviate) in the space to the right of your name on the Division Order the address to which checks are to be mailed. If you are receiving checks from Permian, be sure to use the same address to which we are now mailing your checks. Change of Address: Please 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 Permian) and your old address, then state your new address with zip code. RETURN THE EXECUTED DIVISION ORDER WITHOUT DELAY TO THE ADDRESS BELOW. KEEP ONE COPY FOR YOUR RECORDS. PERMIAN Attention: Division Order Department L€-C10(013 P. O. Box 1183 PC 127 1391) Houston TX 77251-1183 Hello