Loading...
HomeMy WebLinkAbout970740.tiff617 GAS DIVISION, ORDER TO:. PanEnergy Field Services, Inc. (fka Associated Natural Gas, Inc.), PO Box 5493 Denver, CO 80217 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 in the proceeds derived from the sale of Gas produced and saved from the Schank`#2 & J 35-6 Lease No: 624 Date: March 17, 1997 lease or unit, located in the County of Weld, State of Colorado, more particularly described as follows: Township 5 North. Range 66 West 6th P.M, Section 35: S/2 NW/4 Owner No. Credit To Decimal Interest SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Effective at 8:00 A.M. February 1, 1997 and until further notice, you are hereby authorized to take or retain possession of all Gas from said property(ies) on and after the effective day and to give credit as set forth above for all proceeds derived from the sale of Gas from said property(ies) subject to the conditions, covenants and directions set out below: FIRST: It is understood that the Gas produced from the above -described property(ies) is being sold under that certain Gas Purchase and Processing Agreement dated January 21, 1985 between Gerrity Oil & Gas as "Seller," and PanEnergy Field Services, Inc., as "Buyer," and that all terms and covenants contained therein, and in any amendments, extensions, or renewals thereof shall govern and be binding upon the parties hereto in all respects which shall include, but not be restricted to, the price to be paid for said Gas and the time when such payments are to be made. As used in this Division Order, the term, "Gas" shall be deemed to include casinghead gas, gasoline and all other products which PanEnergy Field Services, Inc. receives and/or recovers by processing from Gas produced from wells on said property(ies). 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. Signatures of Witnesses Owners Sign Below (Enter Mailing Addrjiss) ATTEST: Address Cler Deput jmq /Georga'E. Baxter, Chair Weld County Board of Commissioners (03/24/97) ss ' 915 10th St. PO Box 758 Greeley, CO 80632 Taxpayer ID Number or Social Security Number 84-6000813 2540597 B-1598 P-1063 04/01/1997 12:10P PG 1 OF 3 REC DOC Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00 CONSENT AGENDA 03/24/97 970740 / LE0018 -, vir SECOND: Payments are to be made monthly by checks of PanEnergy Field Services, Inc. to be delivered or mailed to the parties thereto entitled at the addresses above given, provided that if the amount due any owner is less than twenty-five dollars ($25.00) per month, PanEnergy Field Services, Inc., at its option, may defer the making of such payment until such time as the aggregate amount due exceeds said sum. The undersigned authorizes PanEnergy Field Services, Inc. to withhold from the proceeds of any and all Gas referred to herein the amount of any tax placed thereon, or on the production thereof, including but not limited to any severance, production or occupation tax, by any governmental authority, local, state and/or federal, and to pay the same in our behalf .with the proceeds so withheld. THIRD: In the event of any adverse claim of title or in the event title shall not be satisfactory to PanEnergy Field Services, Inc. at any time during the term of this Division Order, each of the undersigned agrees to furnish complete abstracts of title and other evidence of title satisfactory to PanEnergy Field Services, Inc. and authorizes PanEnergy Field Services, Inc. to withhold payment, without obligation to pay interest on the amount so withheld, until satisfactory indemnity shall be furnished to PanEnergy Field Services, Inc. against such adverse claims or any such defects in the title, or until title shall be made satisfactory to PanEnergy Field Services, Inc. Each undersigned party, as to the interest of such party hereunder, respectively agrees, in the event suit is filed in any' court affecting title to said Gas, either before or after severance, to indemnify and save harmless PanEnergy Field Services, Inc. against any and all liability for loss, cost, damage, and expense which PanEnergy Field Services, Inc. may suffer or incur on account of receiving and paying said party the proceeds derived from the sale of said Gas. Where PanEnergy Field Services, Inc. pursuant to the provisions hereof, withholds payment, or any part thereof, each undersigned party from whom payment is withheld severally agrees to indemnify and hold PanEnergy Field Services, Inc. harmless of and from all liability for any tax, together with all interest and penalties incident thereto, imposed or assessed against, or paid by it on account of,the sum or sums so, withheld from payment to said. party, and deduct all such taxes, interest and penalties so paid it from any sums owing by it to said party. FOURTH: The undersigned severally agree to notify PanEnergy Field Services, Inc. of any change of ownership, and no transfer of interest shall be binding upon PanEnergy Field Services, Inc. until transfer order and the recorded instrument evidencing such transfer, or a certified copy thereof, shall be furnished to PanEnergy Field Services, Inc. Transfer of interest shall be made effective 8:00 A.M. on the first day of the calendar month in which proper notice is received by PanEnergy Field Services, Inc. PanEnergy Field Services, Inc. is 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 as a result of the completion of discharge of money or other payments from said interests, and the signers hereof whose interests are affected by such money or other payments, if any, agree to give PanEnergy Field Services, Inc. notice in writing by registered letter addressed to PanEnergy Field Services, Inc., PO Box 5493, Denver, Colorado 80217, Attn.: Division Order Department, when any such money or other payments have been completed or discharged, or when any division of interest other than that set forth above shall, for any reason, become effective and tofurnish transfer order accordingly, and that in the event such notice shall not be received, PanEnergy Field Services, Inc. shall be held harmless in the event of, and is hereby released from, any and all damage or loss which might arise out of any overpayment. FIFTH: If any portion of the proceeds derived from the sale of Gas is subject to. refund under any order, rule or regulation of the Federal Energy Regulatory Commission or the proyisions':of the Natural Gas Act or Natural Gas Policy Act of 1978, PanEnergy Field Services, Inc. may hold\ ithout interest the portion of the proceeds subject to refund unless indemnity satisfactory to PanEnergy. Field Services, Inc. has been furnished, or until PanEnergy Field Services, Inc.'s refund obligation, has been finally determined. If any portion of the proceeds derived from the sale of Gas is paid oyer`by PanEnergy, Field Services, Inc. under any order, rule or regulation of the Federal Energy Regulatory Gommission,or`the provisions of the Natural Gas Act or Natural Gas Policy Act of 1978, PanEnergy Field Service, Inc. is authorized to recover the amount of the refund applicable to the interest of each of the undersigned from future payments, or at PanEnergy Field Services, Inc.'s election, it may therefore invoice the undersigned, plus the legal rate of interest PanEnergy Field Services, Inc. is or may be required to pay in connection with the undersigned's portion of the refund. SIXTH: This Division Order shall become valid and binding upon each and every owner above named upon execution hereof by such owner regardless of whether or not any of the other above -named owners have so signed. Each undersigned owner ratifies and confirms his oil and gas lease as being in full force and effect as of the date hereof. 2540597 B-1598 P-1063 04/01/1997 12:10P PG 2 OF 3 Exhibit A 624 SCHANK #2 & J35-6 Owner no. Credit to Decimal Inflated Type Interest Interest 111562 BARBARA ANN COX 22031 WELD COUNTY BOARD OF COMMISSIONERS 49407 BONNIE KUNTZ 111563 CAROL L BRUNZ 111565 CONSTANCE M PEACE 49410 DANIEL C SCHANK 49409 GARY T SCHANK 49411 LINDA SCHANK GLIDWELL TRUST NORWEST BANK GREELEY TRUSTEE 49408 SANDRA ELDER 29946_1 W G VAN BEBBER AND YVONNE VAN BEBBER 15587 THOMAS G DOROUGH JR 29962 JANICE D SEARS 29903 THOMAS G DOROUGH TRUST 132641 UNIVERSAL OIL & GAS INC 29954 WALKER MILLER RI 0.03561920 RI 0.00357190 RI 0.02137140 RI 0.03561920 RI 0.03561830 RI 0.02137130 RI 0.02137130 RI 0.02137130 RI 0.02137140 OI 0.00014290 OI 0.00036910 OI 0.00044650 OI 0.00024610 OI 0.00049210 OI 0.00044650 31152 GERRITY OIL & GAS CORPORATION WI 0.78057150 C/O PATINA OIL & GAS CORP 2540597 B-1598 P-1063 04/01/1997 12:10P PG 3 OF 3 PAGE: 1 COUNTY ATTORNEY STAFF APPROVAL This is to affirm the attached Division Order or Authorization to Receive Payment for an Oil and Gas Well has been reviewed by the County Attorney's staff as to form, legal description, and percentage of royalties, if applicable. BY: ounty Attor DATE: ' Hello