HomeMy WebLinkAbout930148.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*NE,' and NW;NWti and SzSWt
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.
930148
DIVISION ORDER - ATTCO - NE;NE*' NWIINWI, AND S₹SW! S33, T5N, R66W
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 10th day of February, A.D. , 1993.
('p BOARD OF COUNTY COMMISSIONERS
ATTEST: 6 WEL COUNTY, COLORADO
Weld County Clerk to the Board
Constance L. arb rt, Chairman
BY: ea.ek, o'I�ivt,g.frr-v
Deputy Cleek to the Board W. H. ebster, Pr -Tem
APPROVED AS ORM: i
e e . Baxter
County Attorney Dale K. Hall
/Barbara J. Kirkme r
930148
AR23`2S66 OIL DIVISION ORDER
TO: ASSOCIATED TRANSPORT& TRADING COMPANY Lease No. 51256
P.O. Box 5493
Mo u Denver, CO 80217 Date January 30, 1993
'-I O The Undersigned, and each of us, guarantee and warrant that we are the legal owners of our respective interest,
U in the proportions hereinafter stated, in all oil, condensate and/or other hydrocarbons produced and saved from the
a Spomer J 33-1 , 4, 13, 14 lease, located in Weld
County, State of
o W Colorado , described as follows:
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"4 q Township 5 North, Range 66 West
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O Section 33: NE/4NE/4 and NW/4NW/4 and S/2SW/4
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cr. Effective at 8:00 A.MDate of 1st purchase and until further written notice, you are authorized to receive all such oil
•• w production,for your own purchase or for resale, to receive payment therefor, to give credit for all proceeds derived therefrom and pay
`n therefor as follows:
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14 M a Owner No. Credit To Division of Interest Decimal
ON C.)
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a FOR DIVISION OF INTEREST SEE EXHIBIT "A" ATTACHED THERETO
• W AND MADE A PART HEREOF
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pa W 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.
Sig ture of WA2' aiL.
ss � ;, Signature of Owner Number
ATTEST: f�Q GI . 84-6000813
e Count ,C - rk r ' haa
$p / Chairman, Weld County Board of Commissioners
BY: t Address 02/17/93
Deputy C1 rk'-fo Board P.O. Box 758
Greeley. CO 80632
Address
ORIGINAL - Return to ATTCO COPY- for your files ,...,
930148
The following covenants are also pan 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
en O periods,nor to provide storage.
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O SECOND: The oil received and purchased hereunder shall be delivered fo.b.to any carrier designated by you which gathers and receives said oil,
and oue agree to pay for such oil to the above signed according to the division of interests herein specified at the prices agreed ry e you fl fl p upon between you and
(..) the lease operator.
Ca THIRD: Quantities of oil purchased hereunder shall be determined by the method of measurement and computation employed by you or the
O W 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,
O S the use of certified truck gauges,and the use of meters or any other reasonably accurate method of measurement and computation.You shall
o a correct the volume and gravity to a temperature of 60 degrees Fahrenheit and you shall deduct from such corrected volume the full percentages of
VI- W basic sediment,water and other impurities as shown by your test.You may refuse to receive any oil not considered merchantable to you.
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C) FOURTH: Payments shall be made monthly for oil received and purchased during the preceding month,by your checks delivered or mailed to the
Wabove signed at the address above stated,provided that If,at any time,the monthly payment due the above signed hereunder shall be less than
q, (w twenty-five dollars($25.00),you may defer such payment,without interest,until the amount payable to the above signed equals or exceeds the sum
d' of twenty-five dollars(325.00),in which event,payment shall he made at the next regular settlement date.You are hereby authorized to withhold
'A 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
,y Y authority on the oil received and purchased hereunder and to pay the same.
W 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
en a
rn U 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
H dispute shall have been fully settled,without liability for interest in either case.If suit is filed affecting the interest of the above signed,written notice
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W thereof shall be given you,at the above address by the above signed,together with a certified copy of the complaint or petitionfiled If you are made a
N F party to such proceedings.the above signed agrees to indemnify you against any judgement rendered therein and to reimburse you for any costs,
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(4 attorneys fees or other expenses incurred in connection therewith.
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COLid O3 W SIXTH: You will not be responsible for any change of ownership in the absence of actual notice and satisfactory proof thereof.Each signer agrees
Qt (y 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,
N 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
N z t of said notice
r+7 z receipt 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
N < 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 or joint
O liabilities the above signed has with you, including but not limited to proceeds from this and other lease interests owned by the above
u x signed.
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a Z SEVENTH: If the above signed is a working interest owner and/or operator,he or she guarantees and warrants that all oil tendered hereunder
r-f en has been or will be produced and delivered in compliance with all applicable federal,state and local laws,orders,rules and regulation&
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EIGHTH: This order shall bind each interest owner es 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
W (s+ 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.
930148
EXHIBIT A
51256 SPOMER J 33-1, 4, 13, 14
OWNER NO CREDIT TO PERCENTAGE INTEREST
25531 ENERGY MINERALS CORPORATION 5 . 455270 OI
1129 WELD COUNTY 11 . 355160 RI
42067 LOUIS E SPOMER 1 . 702270 RI
31152 GERITY OIL & GAS CORPORATION 8 . 147730 WI
39773 GEORGE SOROS 73 . 329570 WI
GARY GLADSTEIN P/O/A
en O
o U 100 . 000000
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930148
411(0
A5SOCRTED TRANSPORT & TRADING COMPANY
_�
January 30, 1993
To All Interest Owners:
Effective with January 1, 1993 production, Associated Transport & Trading Company
will begin purchasing the crude oil and disbursing revenue for those certain
wells for which Division Orders are enclosed. If your interest was in a pay
status with the previous purchaser (Total), Associated Transport & Trading
Company will continue to pay your revenues if this Division Order is returned
to us within 60 days. Please follow the instructions on the reverse side of this
letter for proper execution of the Division Order.
Note that Associated Transport & Trading Company has a $25.00 check minimum.
Therefore, if your revenues for the month do not exceed the $25.00, no check is
issued and the monies remain in a minimum suspense account until the revenues
do reach $25.00 or until November 31, each year.
We look forward to being of service to you.
Yours very truly,
ASSOCIATED TRANSPORT & TRADING COMPANY
`y (I.td..a t,ai
Barbara L. Buck
Manager, Division Order Department
920148
900 REPUBLIC PLAZA • 370 SEVENTEENTH STREET • DENVER,COLORADO 80202 • (303)595-3331 • FAX(303)595-0480
MAILING ADDRFSS: P.O. BOX 5493 • DENVER. COLORADO 80217
ATTCC..
ASSOCKED TRANSPORT & TRADING COMPANY
INSTRUCTIONS TO ALL INTEREST OWNERS
nit ENCLOSED OIL DIVISION ORDER OR OIL TRANSFER ORDER SHOULD NOT
BE ALTERED IN ANY WAY EXCEPT TO CORRECT SPELLING ERRORS, UNLESS
ACCOMPANIED BY DOCUMENTARY EVIDENCE TO SUPPORT 1Ht CHANGE.
If your name and interest are correctly shown:
1. Sign your name as shown on the Oil Division Order or Oil Transfer Order.
2. Have your signature witnessed by two competent witnesses.
3. If your name has changed due to marriage,or divorce,execute the Oil
Division Order or Oil Transfer Order using your present name and furnish a
copy of the marriage certificate or divorce decree.
4. If signing for a corporation,signature must be attested,corporate seal fixed
and title of signatory party reflected.
5. If signed by an agent,attorney-in-fact,guardian or any party other than the
named interest owner,a certified copy of the power of attorney or other
evidence of such party's right to sign must be furnished.
6. Oil Division Orders or Oil Transfer Orders for partnerships must be
executed by all partners or by an authorized partner. A certified copy of the
instrument giving said partners authority to sign must be furnished.
7. Should you fail to provide your correct Social Security Number or Tax
Identification Number,the law provides that we withhold 20% of all
production proceeds due you. You may also be subject to a further penalty
levied by the Internal Revenue Service.
8. Your correct mailing address should be noted in the space provided to insure
prompt receipt of production proceeds.
9. The 'Original' of the Oil Division Order or Oil Transfer Order should be
returned to:
Associated Transport and Trading Company
P. O.Box 5493
Denver,CO 80217
Attention: Division Order Department
10. Should you have any further questions regarding the enclosed Oil Division
Order or Oil Transfer Order,please contact your operator or Associated
Transport and Trading Co.at (303)595-3331.
11. Please DO NOT DETACH the Exhibit from the Oil Division Order or Oil
Transfer Order if one is included.
930148
900 REPUBLIC PLAZA • 370 SEVENTEENTH STREET • DENVER,COLORADO 80202 • (303)595-3331 • FAX(303)595-0480
MAILING ADDRESS: P.O. BOX 5493 • DENVER, COLORADO 80217
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