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QIVISION ORDE
(COMBINED OIL AND GAS)
TO: R.P. KAUFFMAN COMPANY, INC. ("KPK")
1675 Broadway, Suite 1970
Denver, Colorado 80202
ATTN: Division Order Dept.
Division Order No. %j k" - �Sgj
Date
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 Oil and Gas (as more individually defined
herein) produced and saved from the SPINDLE 4 NORTH FACILITY located in the
County of Weld, State of Colorado more particularly described as follows:
FIRESTONE UNIT DM1
NW/4NW/4-30-T2N-R67W
CREDIT
NET REVENUE
INTEREST
WORKING
INTEREST
W D COUNTY BOARD OF LAND
SSIONERS
WILLIAM B. GAUL III AND
AND RHONDA L. GAUL
NICK HATTELL
AND LUCILLE HATTELL
DONNA LOPEZ
GEORGE DEPAULO
JOSEPHINE LEPORE
SAM DIPAOLO
ADAM LEPORE
JOSEPHINE PROSTAR
HANNES BASZLER
JOE DIPAOLO
GREGORY G. DIPAOLO
ANNA M. DIPAOLO
JOHN DIPAOLO
WILLIAM H. TRIPPENSEE
MARGARET E. BLISS
HERMILO A. CALDERON
SILVIA L. MONTEZ
LILLIE MATTEL
MARY L. MARTINEZ
MICHAEL D. HATTEL
HELEN D. CASTILIAN TRUST
FRANK J. FIORI
. 00792960 RI
. 00016810 RI
. 00135100 RI
.00030220 RI
.00043550 RI
.00069330 RI
.00043550 RI
.00138660 RI
.00135100 RI
.00010890 RI
.00043560 RI
.00010880 RI
.00010890 RI
.00010890 RI
.00067550 RI
. 04075170 RI
. 00087100 RI
.00103100 RI
. 00035550 RI
.00103100 RI
.00174210 RI
.04075160 RI
.00174210 RI
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2443794 B-1498 P-2" 06/23/95 02:57P PG 1 OF 4
weld Loon[_. C:> VIerk Recorael
REC DOC
0.00 9514e9
CREDIT
NET REVENUE
INTEREST
WORKING
INTEREST
HARVEY YOUNG .00337040 WI
H.L. WILLETT .09992110 WI
RICHARD N. DODGE .00707010 WI
UNION PACIFIC RESOURCES .15529540 WI
PARMER A. GILLESPIE, JR. .00337040 RI
K.P. KAUFFMAN COMPANY., INC. .62709820 WI
.0033704 WI
.1141955 WI
. 0080799 WI
. 1552954 WI
.0033704 WI
.7156884 WI
Effective 8:00 a.m. March 1, 1995, and until further notice, you are hereby
authorized to take or retain possession of all Oil and 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 thereof 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 November 8, 1991, between KPK as "Seller" and Associated Natural
Gas 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 products which KPK may receive and/or recover
by processing from Gas produced from wells on said property(ies).
SECOND: The word "Oil" as used herein shall include, but is not limited to,
condensate and all marketable liquid hydrocarbons produced and saved hereunder,
but excluding that recovered from processing of Gas. All Oil received and
purchased hereunder shall be merchantable Oil and shall become the property of
KPK as noon as the same is received into its custody or that of any carrier it
designates. KPK shall not be expected to receive Oil in definite quantities, nor
for fixed periods, nor to provide storage.
THIRD: The Oil received and purchased hereunder shall be delivered f.o.b. to any
carrier KPK designates which gathers and receives said Oil and KPK agrees to pay
for such Oil to the undersigned according to the division of interests herein
specified at the price agreed upon between KPK and the lease operator.
FOURTH: Quantities of Oil purchased hereunder shall be determined by the method
of measurement and computation employed by KPK or KPK's agent designated 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 tank gauges, and
the use of meters or any other reasonably accurate method of measurement and
computation. KPK shall correct the volume and gravity to a temperature of 60°
Fahrenheit and shall deduct from such corrected volume the full percentages of
basic sediment, water and other impurities as shown by its test. KPK may refuse
to receive any Oil it considers to be not merchantable.
FIFTH: Payments are to be made monthly by checks of KPK for Oil and Gas to be
delivered or mailed to the parties thereto entitled at the addresses above given,
provided that if the amount due to any owner is less than Twenty-five and 00/100
Dollars ($25.00) per month, KPK at its option, may defer the making of such
payment until such time as the aggregate amount due exceeds said sum. The
undersigned authorize KPK to withhold from the tax ceedseoeds f any and thereon, all ll as and
the
Oil referred to herein, the amount of any or
production thereof, including but not limited to any severance, production
occupation tax, by any governmental authority, local, state and/or federal, and
to pay the same in our behalf with the proceeds so withheld.
SIXTH: In the event of any adverse claim of title or in the event title shall
not be satisfactory to KPK 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 KPK and authorizes same to withhold payment
without obligation to pay interest on the amount so withheld, until satisfactory
indemnity shall be furnished to KPK. 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 Oil and/or Gas, either before or after severance,
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951469
to indemnify and save harmless RPR against any and all liability for loss, cost,
damage and expense which EPA may suffer or incur on account of receiving and
paying said party the proceeds derived from the sale of said Oil and/or Gas.
Where ROC, 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 EPA harmless of and from all liability for any tax,
together with all interest and penalties incident thereto, imposed or d
against or paid by them on account of the sum or sums so withheld from payment
to said party and deduct all such taxes, interest and penalties so paid by them
from any sums owing by them to said party.
If suit is filed affecting the interest of the undersigned, written notice
thereof shall be given EPIC at the above address by the undersigned, together with
a certified copy of the complaint or petition filed. If APR is made a party to
such proceedings, the undersigned agrees to indemnify same against any judgment
rendered therein and to reimburse EPA for any costs, attorney's fees or other
expenses incurred in connection therewith.
SEVENTH: The undersigned severally agree to notify RPR of any change of
ownership and no transfer of interest shall be binding upon EPIC until transfer
order and the recorded instrument evidencing such transfer, or a certified copy
thereof, shall be furnished to RPR. 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 RPR. APR 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 RPK notice in
writing by registered letter addressed to RPR at the above address, directed to
the 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, became effective and to furnish transfer order
accordingly and that in the event such notice -shall not be received, APR shall
be held harmless in the event of, and are hereby released from any and all damage
or loss which -might arise out of overpayment. Should adjustments be necessary,
RPR shall have rights (but no duty) to set off any and all individual or joint
liabilities the undersigned has with the same, including but not limited to
proceeds from this and other lease interests owned by the undersigned.
EIGHTH: 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 provisions of the Natural Gas Act or Natural Gas Policy Act of
1978, RPK may hold without interest the portion of the proceeds subject to refund
unless indemnity satisfactory to RPR has been furnished, or until RPR's refund
obligation has•been finally determined. If any portion of the proceeds derived
from the sale of Gas is paid over by EPA under any order, rule or regulation of
the Federal Energy Regulatory Commission or the provisions of the Natural Gas Act
or Natural Gas Policy Act of 1978, RPK is authorized to recover the amount of the
refund applicable to the interest of each of the undersigned from future payments
(Oil and Gas) or at RPR's election, it may invoice the undersigned therefor, plus
the legal rate of interest APR is or may be required to pay in connection with
undersigned's portion of the refund.
NINTH: If the undersigned is a working interest owner and/or operator, he or she
guarantees and warrants that all Gas and 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.
TENTH: 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. No termination of this
Division Order shall be effective without giving thirty (30) days prior written
notice. If the provisions of this Division Order are in conflict with the
provisions of any oil and gas lease covering the above -described property(ies),
the provisions of this Division Order shall prevail. Each undersigned owner
ratifies and confirms his oil and gas lease as being in full force and effect as
of the date hereof. In consideration of the purchase of Oil and Gas hereunder,
consent is given KIM and any pipeline company which same may cause to connect
with the wells and tanks on said land, to disconnect and remove such pipelines,
in case of termination by either EPA or the undersigned of any purchases under
this Division Order.
In the event of conflict between the provisions of this Division Order and
applicable law or regulations, the provisions of this Division Order shall be
deemed modified so as to comply with such law or regulation.
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951469
The undersigned expressly waive any claim against EPIC for any and all amounts
which may be due us from others for production prior to the effective date
hereof.
SIGNATURE QF
itiWITNE SE
TTTS7: k
BY:
c _
OWNERS SIGN BELOW
TAX PAYER ID M OR
(ENTER MAILING ADDRESS) SOCIAL SECURITY #
DrrK. HALL,
lal WELD COUNTY BOARD q)F COMMISSIONERS
I ADDRESS (6/21/95)
-i PO BOX 758
84-6000813
GREELEY, CO 80632
2443794 B-1498 P-287 06/23/95 02:57P PG 4 OF 4
951469
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