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HomeMy WebLinkAbout952273.tiffAR2457436 OIL AND GAS DIVISION ORDER Date: September 7, 1995 Lease No.: 05033221, 05033231 Lease Name: Bickling E 22.7, 8 Effective Date: 1st Production To: Gerrity Oil & Gas Corporation 4100 E. Mississippi Ave., #1200 Denver, CO 80222 Each of the undersigned, individually, for themselves, their heirs, successors, and assigns, hereby represents, warrants; and guarantees to Gerrity Oil & Gas Corporation (hereinafter referred to as the "Co'mpany"), its successors and assigns, that the undersigned is the legal owner of the decimal interest, as set forth below opposite each undersigned's name, in the proceeds from all oil, condensates, and natural gas which may be produced from or allocated to the following -described area or well located in the County of Weld State of Colorado, and more particularly described as follows: Township 6 North, Range 65 West Section 22: NEy as to production from the Codell and Niobrara formations Commencing on the effective date hereof, the Company is hereby granted and authorized to take and receive all oil, condensates, and natural gas which may be thereafter produced from the above -described area or well and, subject to the other terms and conditions hereof, to give credit theref or to the undersigned in accordance with the division of interest schedule as follows: Credit To Address Decimal Interest For Division of Interest see Exhibit "A"attached hereto and made a part hereof Additionally, in consideration of the wells drilled or to be drilled on the above -described lands and the payment to the undersigned of royalties on production from said wells, the undersigned agree, grant, and represent to and with the Company as follows: 1. Oil (including crude oil and condensate) shall become the property of the purchaser thereof upon its deli✓ery to me purchaser or to the purchaser's agent or carrier, and payments hereunder shall be based upon the net rice received theref or Tru,,, :`.e purchaser. Oil shall be graded and measured in accordance with applicable rules, rcvlatinnc, or standards generally accepted in the industry. In the event that the Company is the purchaser of such oil, settleme"tc therefor shall be based upon the Company's posted price for similar oil in the field where produced and in effect on the date of delivery, or if no posted price is then in effect, settlements shall be based upon the then prevailing market price on the date of delivery thereof in the field where produced. If the oil is purchased by the Company and resold to another purchaser accepting delivery thereof on the premises, settlements hereunder shall be based on the net price received theref or by the Company. The Company may deduct from any price received for the oil the reasonable costs of transporting and/or treating the same if incurred. 2. Natural gas, including casinghead gas if marketed with gas well gas, shall be delivered and sold to and become the property of the pipeline company to whom the gas is agreed to be sold by the Company. Settlements to the undersigned shall be based upon the terms, conditions, and prices for said gas as agreed to with the pipeline company less any costs of treatment, compression, transmission, or dehydration thereof which are paid by the Company. 3. Oil and natural gas produced and sold from the premises is or may become subject to orders of certain regulatory authorities who could vary the terms of any agreement for the production or sale thereof. To the extent that such orders do modify or change current sales or production arrangements, the provisions thereof, as well as the provisions hereof, shall be so modified accordingly. 4. Settlements hereunder for oil and gas shall be made monthly by the Company mailing or delivering its check to the undersigned at the address indicated in an amount, less taxes required to be withheld, calculated in accordance with the schedule of interest as herein contained. Settlements shall be mailed no later than the 25th day of each month for oil and/or gas taken or sold during the second preceding calendar month. If at any settlement date the amount payable to any of the undersigned shall be less than Twenty-five Dollars ($25), the Company may defer such payment and make payment when such settlement amount has accumulated to Twenty-five Dollars ($25) but, in any event, not less than annual intervals. 5. The undersigned individually warrant that they are the owner of their respective interest as herein set forth and that in the event of an adverse claim made thereto or in the event ownership of the undersigned's interest is not substantiated by record examination, the Company may retain any and all settlements due theref or, without interest, until such claim or ownership of the interest is settled, fully adjudicated or otherwise determined, or until the Company is adequately indemnified therefor by the parties claiming such interest. The Company may, at any time, require the undersigned to furnish proof of its title to its interest, including abstracts of title or other pertinent records or documents. nriri 2457436 S-1513 P-309 09/28/95 03:21P PG 1 OF 4 Weld County CO Clerk & Recorder REC DOC 552273 6. The undersigned shall notify the Company of any change in the ownership of their interest, and the Company shall not be liable for, nor shall it be required to recognize, any change in ownership unless and until the Company shall actually receive a certified copy of the instrument changing such interest and the transferee thereof executes and returns to the Company such transfer order or amended division order as the Company may reasonably require. In no event shall the Company be required to give effect to any change of interest of the undersigned prior to the first day of the calendar month next following the month in which the Company is notified of such change, regardless of the effective date of the instrument transferring the same. 7. The undersigned hereby represent, grant to, and agree with the Company that the interest of the' undersigned and of the Company in and to the oil and gas which has or which may be produced from the premises is in full force and effect and that all payments required to be made and all acts required to be done by the Company with respect thereto have been performed. The undersigned hereby releases the Company from any and all claims and damages arising from the purchase and handling of oil or gas from the premises and for making any payments for settlements so long as the same are made in accordance with the terms of the division of interest schedule set forth on Exhibit "A". 8. In the event that the area or well described above, or any part thereof, is included in one or more pooled or unitized units now or hereafter formed by order of any appropriate governmental authority by agreement or otherwise, the undersigned and the Company recognize and agree that settlement for oil and gas shall be made in accordance with the production allocated to the premises above described without the necessity for the execution of additional or supplemental division orders. To the extent that the premises as described above constitute a previously pooled or unitized area, the same is hereby ratified. 9. The provisions hereof shall be binding upon and inure to the benefit of the Company and the undersigned, their respective heirs, successors, administrators, and assigns. No change in the ownership of any interest herein described shall have the effect of changing the binding nature hereof. This instrument may be executed in counterparts with each counterpart considered to be a binding agreement of the signatories thereto; and all counterparts, as executed, shall be considered to be one instrument. 10. Should it be determined from time to time by the courts, any governmental agency having jurisdiction, or the Company and the purchaser of production, that the prices or allowances, if any, being paid to the Company and the amounts being disbursed to the undersigned are in excess of lawful prices or prices agreed to with the oil or gas purchaser, and a refund is then required, you agree to promptly refund such excess amounts so paid to you, including interest thereon, if required. Additionally, the Company shall have the right to recover such excess amounts out of future settlements hereunder to which you are entitled. WHEREFORE, the undersigned have executed tnis Division Order in acknowledgment and consent to the foregoing terms, warranties, and agreements. s Sign Below: ERIC TO BOARD Owner Sign Below. SS No. or Tax ID No. DK. HALL CHAIRMAN WELD COUNTY BOARD OF COMMISSIONERS 09/25/95 IMPORTANT: TO AVOID DELAY IN PAYMENT, YOUR CURRENT ADDRESS AND SOCIAL SECURITY NUMBER OR TAX ACCOUNT NUMBER MUST BE SHOWN 84-6000813 2457436 B-1513 P-309 09/28/95 03:21P PG 2 OF 4 EXHIBIT "A" 05033221 - BICKLING E 22-07 O5O33231-BICKLING E 22-08 OIL AND/OR GAS DIVISION ORDER NAME AND ADDRESS OWNER NO. BECKY JANE HAMILTON NEED ADDRESS SHARON F HEINZ 7760 KIMBERLY COMMERCE CITY CO 80022 JANICE LOUISE WOJCIAK 49 PLEASANT STREET EPPING NH 03042 CACHE LA POUDRE IRRIGATING CO P 0 BOX 104 LUCERNE CO 80646 HARIAN R STOFFREGEN 1663 MENDOCINO LANE NEWBURY PARK CA 91320 JAMES SPENCER BICKLING 7206 W 12T11 STREET GREELEY CO 80631 JOAN DANIEL BICKLING P 0 BOX 187 AULT CO 80610 MARGARET RUTH BICKLING 2830 27T11 ST APT D - 103 GREELEY CO 80632 FLORENCE F BICKLING 21308 WELD CO RD 64 GREELEY CO 80631 MELVIN T BICKLING AND IMOGENE M.BICKLING J/T 21586 HWY 392 GREELEY CO 60631 MELVIN T BICKLING AND IMOGENE M BICKLING J/T 21586 HWY 392 GREELEY CO 80631 WELD COUNTY COLORADO C/O BOARD OF CTY COMMISSIONER 915 10TH ST GREELEY CO 80632 HERBERT C JR BICKLING 205 OAKWOOD RD WILMINGTON DE 19803 CHARLES F KOENEMAN 1511 GLENALLAN AVE WIIEATLAND MD 20902 SUSAN BICKLING OMLOR 926 1/2 NORTH ORANGE ST MEDIA PA 19063 DELETED INTEREST OWNER ROBERT L ARMANTROUT 1068 VISALIA DR COSTA MESA CA 92626-2117 THEODORE D SHELDON 4310 5 LAFAYETTE ST ENGLEWOOD CO 80110 WALLY BAKKEN ESTATE MARIAN BAKKEN PERS REP 551 S WILLIAMS ST DENVER CO 80209 CHRIS CHRISTENSEN JR DENVER CLUB BLDG 518 17711 ST SUITE 444 DENVER CO 80202 FRANK WILSON III 1250 N E LOOP 410 SUITE 300 SAN ANTONIO TX 78209-1533 DOUSSARD BRANT TRUST ET AL JOHN G BRANT TRUSTEE 4251 KIPLING SUITE (RI T DGE CO 80031 2331 2307 3074 3894 5585 6057 6064 DECIMAL INTEREST INTEREST TYPE 0.00127640 R 0.00127640 0.01531650 0.00127270 0.01531650 0.00127640 0.00127640 R R R R R R 6125 0.00510550 R 6151 0.02042200 R 6159 6159 6413 9086 0.03063310 (II 0.02042200 0.00119530 0.00510550 R R R R 9087 0.01021100 R 9086 99999 2187 3307 0.00510550 0.00442820 0.01812110 4573 0.00326720 4790 0.00326720 4834 0.00063680 6434 0.00241830 R R 0 0 0 0 0 0 1 2457436 B-1513 P-309 09/28/95 03:21P PG 3 OF 4 page 1 EXHIBIT "A" 05033221 - BICKLING E 22-07 O5O33231-BICKLING E 22-08 OIL AND/OR GAS DIVISION ORDER NAME AND ADDRESS OWNER NO. HS RESOURCES INC F/N/A ENERGY MINERALS CORP 1999 BROADWAY SUITE 3600 DENVER CO 80202 COLTON LIMITED LIABILITY COMP 621 17TH STREET SUITE 1320 DENVER CO 80293 C A PATCHEN 8 SYLVIA B PATCIIEN JTWROS 3151 SOUTH JASMINE WAY DENVER CO 80222-7627 GERRITY OIL 4 GAS CORPORATION 4100 E MISSISSIPPI AVE SUITE 1200 DENVER CO 80222 DECIMAL INTEREST 9832 0.00392100 11012 0.00021220 12134 0.00163380 10 0.82688300 1.00000000 (*) Interest is subject to Title Opinion Requirement 2457436 B-1513 P-309 09/28/95 03:21P PG 4 OF 4 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: County °tt.r ey INTEREST TYPE 0 0 0 PAGE 2 Hello