HomeMy WebLinkAbout962378.tiff 7 t, - OIL DIVISION ORDER
TO: PanEnergy Transport & Trading Company Lease No. 52935
(flea Associated Transport&Trading Company)
P.O. Box 5493
Denver, CO 80217 Date: December 3, 1996
The undersigned,and each of us,guarantee and warrant that we are the legal owners of our respective interest,in the proportions hereinafter
stated, in all oil,condensate and/or other hydrocarbons produced and saved from the Gerry 1 & Z lease, located in Weld County, State
of Colorado, described as follows:
Township 6 North. Range 66West
Section 25:
Effective at 8:00 A.M.November 1, 1996 and until further written notice,you are authorized to receive all such oil production,for your
own purchase or for resale,to receive payment therefore,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 HEREOF
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.
Sig ureloiW s Owners Sign Below Taxpayer I.D.Number or
(Enter Mailing Address) Social Security Number
ST
;S w ‘,/ /�„z�/ALL�t/ic L- 84-6000813
Clerk, to the B ' r Barbara J. Kirktdeyer, Chair
Weld County Board of Commissioners
Address
y • , `v
910 10th St.
PO Box 758
Greeley, CO 80632
Address
LJS
CONSENT AGENDA
BOARD MEETING 12/11/96
962378
2524796 B-1581 P-196 12/12/1996 03 :58P PG 1 OF 3 REC DOC
Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00 LED(2OC2
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°Fahrenheit and you shall
deduct from such corrected volume the full 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 proceeding month, by your checks
delivered or mailed to the above signed at the address above stated,provided that if,at any time,the monthly payment due the
above signed shall be less than 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 of Twenty-five 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 is filed affecting the interest of the above signed,written notice thereof shall be given you,at the above address by the above
signed,together with a 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 judgment 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 for any change of ownership in the absence of actual notice and satisfactory proof thereof.
Each signer agrees to notify you in writing of any change in their 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 underpayment,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 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, we guarantee and warrant 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 them,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
pipeline company which you may cause to connect with the wells and tanks on said land,to disconnect and remove such pipelines,
in case of termination by either you or the above signed of purchases under this division order.
2524796 B-1581 P-196 12/12/1996 03:58P PG 2 OF 3
Exhibit A
52935 GERRY 1 & 2
Decimal Inflated
Owner no. Credit to Type Interest Interest
5048 BARBARA A. BALL RI 0 . 09928750
C/O JOHN D GERRY
22031 WELD COUNTY BOARD OF RI 0 . 00142500
COMMISSIONERS
16521 JOHN D GERRY RI 0 . 09928750
35262 1 ROBERT E. NELSON AND oI 0 . 00250000
CLEONA M. NELSON, L J/T
1208 8 LYCO ENERGY PROGRAM 1996 WELLS WI 0 . 79750000
2524796 B-1581 P-196 12/12/1996 03 :58P 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: c , C_
ounty Attor ey
DATE: 4 :--
Hello