HomeMy WebLinkAbout951218.tiff 243980Y C- 1493 -„id r5/ 5/95 u4: ibP t L c)H 4
EC DOC
'Weld CountyCO Clerk & Recorder 0.-00
AX243981.19 DIVISION ORDER
(COMBINED OIL AND GAS)
TO: K.P. KAUFFMAN COMPANY, INC. ("KPK")
1675 Broadway, Suite 1970
Dnnver, colorado R 0202
ATTN: Division Order Dept. Division Order No. 9s-Ic "IG- I SG
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 A#1
SW/4NW/4-30-T2N-R67W
NET REVENUE WORKING
CREDIT INTEREST INTEREST
WELD COUNTY .00616120 RI
GEORGE MARTINEZ, JR. AND .00251720 RI
MARY MARTINEZ
KATE BERTRON AND .00177100 RI
SHIRLEY MEYERS
ARTHUR J. SCHMALING .00114430 RI
ROBERT W. GONZALES .00147430 RI
GARY A. BOWER .00219340 RI
MARY PALA T .00179780 RI
LEROY J. BOURDREAU AND .00035980 RI
ROSEANNE R. BOURDREAU
STEVEN P. BOUT .00071910 RI
ANTHONE E. ONORATO .00183400 RI
AND IRENE M. ONORATO
NORMAN L. BERTRON .00183400 RI
MARGARET E. BLISS .03381270 RI
JOSEPH AVALOS AND .00143850 RI
HORTENSIA AVALOS
SELMA L. MARTIN .00179800 RI
JOHN FRERE .00143850 RI
EDGAR E. CALLOW AND .00147420 RI
AND DONNA CALLOW
MAGGIE BERTRON .00071930 RI •
MARY L. HURTADO AND .00107870 RI
JOSEPH HURTADO, JR.
EDWARD BOEHM, JR. .00111470 RI
MARY L. MARTINEZ .00179800 RI
ALBERT L. REMY, JR. .00143850 RI
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5/ 6/645 951218
2430809 6-1493 P-654 05/25/95 04: 16P PC, 2 OF 4
DIVISION OF INTEREST - CONTINUED
THOMAS D. ROGERS .00071920 RI
HELEN D. CASTILIAN .03381260 RI
CITY OF FIRESTONE .00510590 RI
RICHARD N. DODGE .01942440 WI .0223391 WI
UNION PACIFIC RESOURCES .12994880 WI .1299483 WI
H. L. WILLETT .21595610 WI .2468070 WI
R.P. KAUFHMAN CO. , INC. .52711580 WI .6009056 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 int..
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 soon 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 proceeds of any and all Gas and
Oil 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.
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
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L439809 B-1493 P-054 05/25/95 04: 10P FT 3 JF 4
court affecting title to said Oil and/or Gas, either before or after severance,
to indemnify and save harmless KPK against any and all liability for loss, cost,
damage and expense which KPK 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 or assessed
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 EPA 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 KPK for any costs, attorney' s fees or other
expenses incurred in connection therewith.
SEVENTH: The undersigned severally agree to notify KPK of any change of
ownership and no transfer of interest shall be binding upon KPA 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 KPK. 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 KPK 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, KPK may hold without interest the portion of the proceeds subject to refund
unless indemnity satisfactory to KPK has been furnished, or until RPR'e refund
obligation has been finally determined. If any portion of the proceeds derived
er, rule or
from the sale of Gas iu r over,Comy mission or the provis under any ions of the NaturalaGasn of
Act
the Federalt sePol RegulatoryA
or Natural Gas Policy Act of 1978, APR 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 APR'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 Bo 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 APR and any pipeline company which same may cause to connect
with the wells and tanks on said land, to disconnect and remove shppelines,
in case of termination by either KM or the undersigned of any purchases
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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The undersigned expressly waive any claim against KPK 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 $ OR
WITNESSES (ENTER MAILING ADDRESS) SOCIAL SECURITY 8
�,�� •
A, 1 84-6000813
'O al? DALE K. L, CHAIRMAN
WELD COUNTY BOARD OF COMMISSIONERS
!( E BOARD ADDRESS (5/15/95)
PO BOX 758
GREELEY, CO 80632
' ID Y CLERK
2439809 B-1493 P-654 05/25/95 04: 16P 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:
nty
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