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HomeMy WebLinkAbout918584 " STATE OF WYOMING ) ) ) RECEIVED 5/19/2006 at 10:52 AM RECEIVING # 918584 BOOK: 620 PAGE: 632 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 0006:12 Øj:CEIVED "PR 2 5 2006 WELLBORE ASSIGNMENT BILL., OF SALE AND CONVEY ~ McGEE, COUNTY OF LINCOLN KNOW ALL MEN BY THESE PRESENTS: ENCANA OIL & GAS (USA) INC., a Delaware corporation, at 370 Seventeenth Street, Suite 1700, Denver, Colorado 80202 ("Assignor") for the payment of Ten and Noll 00 Dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged and subject to the terms and conditions hereof, hereby grants, selis, assigns, transfers, conveys and delivers to Kerr"':McGee Oil & Gas Onshore LP, at 1999 Broadway, Suite 3700, Denver, Colorado 80202 ("Assignee"), all of Assignor's right, title and interest in and to the following: /' 1. The oil and gas lease described on Exhibit A, attached hereto and made a part hereof, insofar and only insofar as it pertains to the existing wellbore of the Champlin 122D 6-13 Well (the "Well"), located in the NE/4NW/4 of Section 13, Township 19 North, Range 113 West, Lincoln County, Wyoming, API Number 49-023-21992, to a depth of 11,600 feet together with all of Assignor's interest in the fixtures, personal property and equipment used or held for use on the Well (collectively, the "Personal Property"). 2. Identical interests in all product purchase and sale agreements, operating agreements, rights-of-way, easements, servitudes and franchises acquired or used in connection with operations for the exploration and production of oil, gas or other minerals, including the rights to permits and licenses of any nature owned, held or operated in connection with said operations insofar as the aforesaid are assignable and pertain to the Well. 3. Assignee to operate the Well in accordance with the rules and regulations of all applicable state and federal regulatory agencies and does hereby agree to fully defend, protect, indemnify and forever hold harmless Assignor, its respective directors, officers, partners, employees and affiliates from and against each and every claim, demand or cause of action, liability, cost or expense, including, but not limited to, reasonable attorneys' fees, with respect to damage or loss in connection with the Well, which may be made by Assignee, its agents or successor or assigns, or by any third party or parties, (including, but not limited to, governmental agencies and regulatory authorities) arising out of or incidental to (i) the ownership and use of the Well, after the effective date and (ii) the physical condition or operation of the Well, including, without limitation, property or environmental damage accruing after the Effective date. 4. The Effective Date of this Wellbore Assignment, Bill of Sale and Conveyance shall be prior to operations of any kind being conducted on the Well and it is the intent of the parties hereto that Assignee shall have borne the entire cost and risk of conducting operations for drilling the Well with the assignment all Assignor's right title and interest as to the wellbore of the Well being effective. prior to any operations on said well. THIS WELLBORE ASSIGNMENT AND AGREEMENT IS DELIVERED TO ASSIGNEE WITHOUT WARRANTY OR REPRESENTATION, and Assignor makes no representations or warranties of any kind with respect to the Well and Personal Property conveyed, the title thereto, or its condition, whether express, implied or statutory, except that Assignor specially warrants and agrees to defend title to the Well and the Personal Property against any lawful claims and demands of all persons claiming an interest therein by, through and under Assignor, but not otherwise, and is conveyed with the right of full substitution and subrogation in and to any and all rights and actions of warranty which Assignor may have against any and all preceding owners or vendors of the Well and Personal Property. WITHOUT LIMITATION OF THE GENERALITY OF THE IMMEDIATELY PRECEDING SENTENCE, ASSIGNOR EXPRESSLY DISCLAIMS AND NEGATES AS TO THE WELL AND PERSONAL PROPERTY CONVEYED (A) ANY IMPLIED OR EXPRESS WARRANTY OF )~~¡[~illii~~f 84: 091.85 C006;33 MERCHANTABILITY, (B) ANY IMPùIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND (C) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS. Assignee expressly agrees that such property conveyed will be accepted "AS IS," "WHERE IS," and in its present condition and state of repair on the Effective Date. To have and to hold the same unto Assignee, its successors and assigns forever. Executed and Agreed to this 2~ day of March, 2006, however, effective as of the Effective Date of October 1, 2005 as agreed to herein. ASSIGNOR: ENCANA OIL & GAS (USA) INC. .---- By: C ____ JamèšP:-wal utt, Attorney-in-Fact ~ ~'" ASSIGNEE: \j f~?~~- KERR-MCGEE OIL & GAS ONSHORE LP By: Name: Title: ¿¿¿-MfJ 7)~/O R. VIr! ~-~~ ACKNOWLEDGEMENTS STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER) The foregoing instrument was acknowledged before me this ~~ day of March, 2006, James P. Walcutt as Attorney-in-Fact of EnCana Oil & Gas (USA) Inc., on behalf of said corporation. WITNESS my hand and official seal. My Commission Expires: ~~~ Notary Public /{I¡ '&"Z-( ~ STATE OF COLORADO NORMA K. SHETTLE NOTARY PUBLIC COLORADO ) ) ss. CITY AND COUNTY OF DENVER) The foregoing instrument was acknowledged before me this ~~ oJ¿ of March, 2006, by David R. Dix, as Attorney-in-Fact of Kerr-McGee Oil Onshore LP,- on behalf of said corporation. My Commission Expires ~ day & Gas WITNESS my hand and official seal. ~ " ;.-...) My Commission Expires 04/21/2008 ~' '.,:,:;.~, :~~;:' :h i(rJ"J '1-:~:'1,1':J';~;' ,~).:-:~ ;~.:..;,". ,j'__, -""','.--,.1 ~;;mlmillill 091.858..1 LEASE WYW -090210 '" DATE 10-31-84 m¡¡~mm~ili1*;~' EXHIBIT A LESSEE Amoco Production Co 30f3 CfìC6r"'4 -' \.... ,. .j DESCRIPTION T19N-Rl13W Sec. 12: NE/4SE/4