HomeMy WebLinkAbout951467.tiff AR2443797
DIVISION ORDER
(COMBINED OIL AND GAS)
TO: R.P. KAUFFMAN COMPANY, INC. ("KPK")
1675 Broadway, Suite 1970 /
le Denver, Colorado 80202
ATTN: Division Order Dept. 9b�Division order No. -)Cp fig)
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 CR1
NE/4NW/4-30-T2N-R67W
NET REVENUE WORKING
CREDIT
INTEREST INTEREST
.'LD COUNTY Board O-P .05771540 RI
Commisi ,oWS
WILLIAM B. GAUL III AND .00056170 RI
AND RHONDA L. GAUL
MICHAEL D. PETITT .00070640 RI
FRANK S. CIMINO .00085030 RI
AND ELMIRA CIMINO
JOHN DAVID AND CARLA HATTEL .00085030 RI
MARGARET M. LEWIS .00160460 RI
MARLYN N. TRACY .00094280 RI
DONA LOPEZ .00085010 RI
GREGORY M. KOZISKY .00114080 RI
MICHAEL J. CARROLL AND .01403910 RI
AND DIANA P. CARROLL
ROGER K. GRANT .00055970 RI
JAMES G. LEONARD .00074630 RI
LUPE G. JAQUEZ AND .00085010 RI
AND ROGER JAQUEZ
ALLEN G. BOX AND .00055970 RI
EDNA N. BOX
ROY C. NEILL AND .00070630 RI
AND MARY N. NEILL
SHARON L. WILLS .00085020 RI
PAUL V. ROMERO .00120180 RI
GARY N. SPOERING AND .00089920 RI
PARILA SPOERING
DAN ARCHULETA AND .00172180 RI
ROSE ARCHULETA
ESTEBAN ROMERO .00085010 RI
LYDIA DINGES .00120180 RI
1
REC DOC
2943"°- h_14c,S r-.2 06/23/95 02:59P PG 1 OF 0,00 951467
We1�9 Count- CC' CIelt & Recorder
t
NET REVENUE WORKING
CREDIT
INTEREST INTEREST
LEONARD D. WILLIAMS AND .00149240 RI
MARGARET WILLIAMS
LILLIE HATTEL .00204300 RI
HARVEY YOUNG .00143120 RI
MIKE CRESPIN AND .00055970 RI
AND TERESITA CRESPIN
ALBERT L. REMY JR. - .00037310 RI
HARVEY YOUNG .00590480 RI
HARVEY YOUNG
.04417880 WI .04417880 WI
MICHAEL W. BETTIN .00070630 RI
CLEMMIE R. HAGER .00037320 RI
JOHN D. STEPHENSON FAMILY .00046490 RI
TRUST
LEONARD H. BARTELS .00046490 RI
H. L. WILLETT
.25546870 WI .29196440 NI
RICAARD N. DODGE
.01050860 WI .01201020 WI
FARMER A. GILLESPIE JR. .00590480 RI
FARMER A. GILLESPIE JR.
.04417880 WI .04417880 WI
K.P. KAVFFMAN COMPANY, INC. .53653830 WI
.60766780 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 nd 9htdcas e Associated
Natural
Gas Inc. as "Buyex", and that all terms and covenants 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 rs estrrictedato,
the price in be paid for said Gas and
e time term "Gas" shall such bedeemed to include
a used this Division Order, receive and/or recover
casinghead gas, gasoline and all products which KPK may
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
or that of any carrier it
KPK as soon the same is receivedinto its receives Oily in definite quantities, nor
designates. RPIC shall not be expected to
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 specified at the price agreed upon between KPK and the lease operator. herein
FOURTH: Quantities of Oil purchased hereunder shall be determined by the method
of measurement and computation employed by ARK or KPK's agent designated to
receive such Oil including but not by way of limitation, the gauging of storage
led
k tables,
he use of
ed tank gauges, and
thek u eslof metersrlor canyyompio her�reasoonablytaccurate method lof measurement and
z 951.467
2413- - t�- Id9� . _�q;i ur,i'3la_ (C!: =��i` �'� - 0� -
computation. EPA 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 EPA 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, APR at its option, may defer the making of such
payment until such time as the aggregate amount due exceeds said sum. The
undersigned authorize EPA to withhold from the proceeds of
any and thereon, al Gas and and
Oil referred to herein, the amount of any tax placed l
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.
SIXTH: In the event of any adverse claim of title or in the event title shall
not be satisfactory to APR 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 APR and authorizes same to withhold payment
without obligation to pay interest on the amount so withheld, until satisfactory
indemnity shall be furnished to EPIC 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,
to indemnify and save harmless EPA against any and all liability for loss, cost,
damage and expense which APR 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 KPK, 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 KPK harmless of and from all liability for any tax,
together with all interest and penalties incident thereto, imposed
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 KPK at the above address by the undersigned, together with
a certified copy of the complaint or petition filed. If KPK 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 APR of any change of
ownership and no transfer of interest shall be binding upon APR until transfer
order and the recorded instrument evidencing such transfer, or a certified copy
thereof, shall be furnished to KPK. 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 -APR. KPK 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 KPK notice in
writing by registered letter addressed to EPA 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, become effective and to furnish transfer order
accordingly and that in the event such notice shall not be received, KPK 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,
KPK 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, APR may hold without interest the portion of the proceeds subject to refund
unless indemnity satisfactory to KPK has been furnished,
or rhuuntil
tilcKPK'seedsdrefund
und
obligation has been finally determined. If any portion
ofrom the sale of Gas is paid over by APR 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, APK 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 EPR'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.
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951467
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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 KPK 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 KPK 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.
The undersigned expressly waive any claim against RPR for any and all amounts
which may be due us from others for production prior to the effective date
hereof.
SIGNATURE OF OWNERS SIGN BELOW TAX PAYER ID I OR
WITNESS r-� ....
(ENTER MAILING ADDRESS) SOCIAL SECURITY I
ATT '\..
84-6000813
,, t! Imo, . K. HALL, CHAT
BY t. f� WELD COUNTY BOARD 0 rOMMIssIONERS
,+ ADDRESS (6/21/95)
PO BOX 758
GREELEY, CO 80632
244379- 8-1498 P-290 06/23/95 02:59P PG 4 OF 4
4
951.467
has
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:
unty y —�
951467
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