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HomeMy WebLinkAbout930190.tiff RESOLUTION RE: APPROVE OIL DIVISION ORDER TO ASSOCIATED TRANSPORT AND TRADING 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 Associated Transport and Trading Company, P.O. Box 5493, Denver, Colorado 80217, and WHEREAS, said Division Order covers land more particularly described as follows: Township 5 North, Range 66 West, 6th P.M. Section 33: NE*SWa 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 Associated Transport and Trading Company, P.O. Box 5493, Denver, Colorado 80217, 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. 930190 i CAninc) • . <• • g I (PVrRFo.tr b) DIVISION ORDER - ASSOCIATED TRANSPORT AND TRADING CO. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of February, A.D. , 1993. o ^ /�/ BOARD OF COUNTY COMMISSIONERS ATTEST: Ati �/� WELD COUNTY, COLORADO YhhtG /bl (/b/ g��P�n Weld County Clerk to the Boar €I onstanc e L. Hcbe�rit, Chairman yr� -/ � BY:aLC �9 f "� c� 6 2 J k �(it/CL ,-m Deputy Clerk to the Board W. H. Webster, Pro e/��J�_ APPROVED AS TO FORM: a eorg B e &. ax er County Attorney Dale K. Hall L-0(//,./(ii /Barbara J. Kirkmeyer 930190 AR23211670 OIL DIVISION ORDER TO: ASSOCIATED TRANSPORT & TRADING COMPANY Lease No. 51255B P.O. Box 5493 February 11 , 1993 Denver, CO 80217 Date The Undersigned, and each of us, guarantee and warrant that we are the legal owners of our respective interest, in the proportions eJ h r aCt r Mated, in all oil, condensate and/or other hydrocarbons produced and saved from the bpomer BUJ 33-11 lease, located ineld County, State of Colorado , described as follows: Township 05 North. Range 66 West. -5th P.M. Section 33: NE/4SW/4 Effective at 8:00 A.M. Date of first purchase and until further written notice, you are authorized to receive all such oil production,for your own purchase or for resale, to receive payment therefor, to give credit for all proceeds derived therefrom and pay therefor as follows: Owner No. Credit To Division of Interest Decimal For division of interest see Exhibit "A" attached hereto and made a part thereof B 1372 REC 02323670 03/02/93 16 :35 $0 .00 1/003 F 1086 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO All covenants appearing on the reverse side hereof are incorporated herein by reference and the undersigned agree that each shall be deemed and considered an essential part of this division order in like manner and with the same effect as if printed above our signatures. The undersigned expressly waive any claim against you for any and all amounts which may be due us from others for production prior to the effective date hereof. Social Security* ?,�:� or Tax I.D. Signat of Witness �;,',�//I 1 ;" Signature of Owner Number ATTEST: , `D " ,l�G l� 84-6000813 W C071/1,:n�j TO�B LARD CHAIRMAN, WELD C UNTY BOARD OF COMMISSIONERS BY:7,4-4 �l --.'� Address P.O. BOX 758 02/24/93 DEPUTY CLERK TO BOARD�• GREELEY, CO 80632 Address 930190 ORIGINAL- Return to ATTCO COPY- for your files The following covenants are also part of this division order and shall be binding upon the above signed and upon his or her successors,legal representatives and assigns. FIRST: The word"OIL"as used herein is hereby declared to include,but is not limited to,condensate and all marketable liquid hydrocarbons produced and saved hereunder.All oil received and purchased hereunder shall be merchantable oil and shall become your property as soon as the same is received into your custody or that of any carrier designated by you.You are not expected to receive oil in definite quantities,nor for fixed periods,nor to provide storage. SECOND: The oil received and purchased hereunder shall be delivered f.o.b.to any carrier designated by you which gathers and receives said oil, and you agree to pay for such oil to the above signed according to the division of interests herein specified at the price agreed upon between you and the lease operator. THIRD: Quantities of oil purchased hereunder shall be determined by the method of measurement and computation employed by you or the Agent designated by you to receive such oil including but not by way of limitation,the gauging of storage tanks using regularly compiled tank tables, the use of certified truck gauges,and the use of meters or any other reasonably accurate method of measurement and computation.You shall correct the volume and gravity to a temperature of 60 degrees Fahrenheit and you shall deduct from such corrected volume the lull percentages of basic sediment,water and other impurities as shown by your test.You may refuse to receive any oil not considered merchantable to you. FOURTH: Payments shall be made monthly for oil received and purchased during the preceding month,by your checks delivered or mailed to the above signed at the address above stated,provided that it,at any time,the monthly payment due the above signed hereunder shall be less than twenty'five dollars(525.00).you may defer such payment,without interest,until the amount payable to the above signed equals or exceeds the sum of twenty-live dollars($25.00),in which event,payment shall be made at the next regular settlement date.You are hereby authorized to withhold from the proceeds of any and all runs made hereunder the above signed's proportionate share of any tax levied and assessed by any governmental authority on the oil received and purchased hereunder and to pay the same. FIFTH: The above signed agrees to furnish evidence of title satisfactory to you.Until such evidence is furnished or in the event of any adverse claim,oil related lien or dispute at any time concerning title in the above described real property or the oil produced therefrom.you may withhold payment for oil accruing to the interest or interests affected thereby until you are indemnified to your satisfaction or until such adverse claim,lien or dispute shall have been fully settled,without liability for interest in either case.If suit isfiled affecting the interest of the above signed,written notice thereof shall be given you.at the above address by the above signed,together with certified copy of the complaint or petition filed.If you are made a party to such proceedings,the above signed agrees to indemnify you against any judgement rendered therein and to reimburse you for any costs, attorney's fees or other expenses incurred in connection therewith. SIXTH: You will not be responsible l or any chance of ownership in the absence of actual notice and satisfactory proof thereof.Each signer agrees to notify you in writing of any change in his or her ownership and agrees that any transfer.assignment,or conveyance of any of his or her interest, however accomplished,shall be made subject to the division order and effective at 8:00 A.M.on the first day of the calendar month following the receipt of said notice by you.In the event said written notice is not received by you,you shall be held harmless for error resulting in over or under payment.or wrong payment of any such sum or sums.Should adjustments be necessary you shall have rights to set off any and all individual orjoint liabilities the above signed has with you, including but not limited to proceeds from this and other lease interests owned by the above signed. SEVENTH: If the above signed is a working interest owner and/or operator,he or she guarantees and warrants that all oil tendered hereunder has been or will be produced and delivered in compliance with all applicable federal, state and local laws, orders,rules and regulations. EIGHTH: This order shall bind each interest owner as soon as signed by him or her,whether or not signed by any other owner.All provisions herein contained shall apply to each signer hereof separately and not jointly.This order may be executed in counterparts.all of which together shall constitute one division order.No termination of this order shall be effective without giving thirty(30)days prior written notice.In consideration of the purchase of oil hereunder,consent is given you and any pipe line company which you may cause to connect with the wells and tanks on said land,to disconnect and remove such pipe lines,in case of termination by either you or the above signed of purchases under this division order. B 1372 REC 02323670 03/02/93 16 :35 $0.WELD 2/ 03 F 1087 MARY ANN FEUERSTEIN CLERK & RECORDER CO, 0 CO 930190 EXHIBIT A 51255B BCJ 33-11 OWNER NO CREDIT TO PERCENTAGE INTEREST 25531 ENERGY MINERALS COPPORATION 5 .$5.1950 OI 42059 HARRY A ELLS JR . 046670 OI 1129 WELD COUNTY 12 . 033280 RI 17975 LOUIS E SPOMER AND . 700080 RI JANET M SPOMER 31152 GERPITY CIL & GAS CORPCRATION ° . 166000 hI 39773 GEORGE SOROS 73 . 501220 wI GARY GLA^STEIN P/0/A 100 . 000000 B 1372 REC 02323670 03/02/93 16 :35 $0 . 00 3/OO3 F 1O88 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 930190 Hello