HomeMy WebLinkAbout875976 TBI-801519 (WY-556)
~ ~,'000-3a UNITE)~: STATES FORM APPROVED
mary 1999) DEPARTMENT L,? THE INTERIOR OMB NO. 1004-0034
BUREAU OF LA]iD MANAGEMENT Expires: December 31,2001
TRANSFER OF OPERATIhV~ RIGHTS (SUBLEASE) IN A Lease Serial No.
LEASE FOR OIL AND"GAS OF~ GEOTHERMAL RESOURCES
Mineral Leasing Act of f!.'20 (30 U.S.C. 181 el seq.)
Act for Acquired Lands 9F1947 (30 U.S.C. 351-359) ; WYW-63819
Geothermal Steam Act of ~970 (30 U.S.C. 1001-1025)
Department of the Interior Appropriatin [;~: Act, Fiscal Year. 1981 (42 U.S.C. 6508
Xyp(:Sr print plainly in in)~ and sign in ink.
PART A: TRANSFER
Transferee (Sublessee)* 'rom BROWN, INC'
S~eel 555 17th Street, Su!it:e 1850
City, State, Z~ Code - ' Denver, CO 802024~918
more than one transferee, check here [] and list the name(s) and ;~dd. ress(es) of all additional transferees on the reverse of this form or on a
mate attached sheet of paper. .
is t~ansfer is for: (Check one) [] Oil and Gas Lease, or [] Geothermal Lease
crest conveyed: (Check one or both, as appropriate) [] Operating Rights (sublease) [] Ovcniding Royalty, payment out of production or other
,! similar interests or payments
This ~'ansfer (sublease) conveys the followin$ interest:
' Land Description Percent oflnlerest Percenl of
!r than Owned Conveyed Retained Overriding Royalty
lditional space on reverse, i£needed. Do not subrmt documents or agreements other
s form; such documents or a~eements shall only be referenced herein, or Similar Interests
i Reserved Previous
or convey
::' b c d e f
· INSOFAR AND ONLY INSOFAR AS THE FOLLOWING LANDS ARE ~SCRIBED:
TOWNSHIP 25 NORTH - RANGE 111 WEST 6TH P.M . None As of
· record
Section 17:NWl4
Limited in depth from surface to the stratigraphic equivalent of 9,075 fee[,, as encountered in the · 8 0 5 2.6 2 8.13 6
Anderson Canyon #2-17 well located in the NWl4 of Section 17, T25N-RI!'~l 1W
Containing 160,00 acres, more or less,
Lincoln County, Wyoming
RECORI~E[~ ~/~2/200! RT 09:88 AH REO# t34~2~1 BK# 094i PC# 0004
LORETTA ILIFF, CLERK of SWEETLIRTER COUNTY, WY Pc~ge I of
See flder attached hereto~nd madea part hereof for addltional ter s, conditions, t,,. ¢, ,, , ~,1 .... . ,,, ,~i'.' ,.-~
exceptions,, m tatlo0s and reservations of this transfer.
FOR BLM U!~E ONLY - DO NOT WRITE BELOW THIS LINE
THE UNITED STA'JTJS OF AN~RICA
?his transfer is approved solely for administrative purposes. Approval does r, ot warrant that either party to this transfer holds legal or equitable
itle to this lease.
'] Transfer approved effective
~y
(Authorized O~ficer) ('Title) (Date)
. '~an A (Co;4~ned): ADDITIONAL SPACE for Names and addresses of ada{~;ional transferees in Item No. 1, if needed, or for Land Description in Item No. 2 if needed.
008
I IIIlllillllllllllllllllllll'li'ilflgllllllllllllllllllllllllllllllll/[fllll
PART B; CERTIFICATION AND REQUEST FOR APPROVAL
1. ~e tr~sferor ce~ifies as owner of an inleresl in the 'above desi~ated lea;e that he/she hereby transfers to thc above ~sferce(s)'thc rights specified above.
2. Tr~sfere~ certifies as follows: (a) Tr~sferee is a citizen of ~e United [;t[tes; ~ association of snch citizens; a municipally; or a co~oration organized uuder the laws
of ~e United States or of any State or legito~ lhereof. For the tr~sfer of NPR-A leases, ~sferee is a citizen, national, or resident alien of the United States or
associations of such citizens, nationals, resident aliens or private, public n/:municipal corporations; (b) Transferee is not considered a minor under the laws of the State
in which the I~ds covered by this transfer ~e located; (c) Transferee's ::h:.3rgeable interests, direct ~d indirect, in each public dom~n ~d acquired lands sep~alely in
the s~e State, do not exceed ~46,080 acres in oil ~d gas leases (of wMc:,~ up lo 200,000 acres may be in oil mid gas options), or 300,000 acres in leases in each leasing
District of Alaska of which up to 200,000 acres may be in option, s, if th:~s i~ an oil and gas lease issued in accord~ce with the Mineral Leasing Act of 1920, or 51,200
acres in any one Stale if thi~ is a geothemml lease; ~d (d) MI prates hpldi~g ~ inlerest in the transfer ~e othe~ise In compli~ce with II~e repletions (43 CFR Groop
3100 or 3200) and the authorizing Acts; (e) Tr~sferee is in compli~ce ~r{~ recitation requirements for all Federfl oil ~d gas lease holdings as reqoired by sec. ] 7(g)
of the Mineral Leasing Act; ~d (0 Transferee is not in violation of s~c. 4~ of the Mineral Leasing Act.
3. Tr~sferee's si~ature to this assignment constitutes accept~ce of all ap=i~cable te~s, conditions, stipulations ~d restrictions pertaining to the lease described herein.
Applicable terms and conditions include, but are not limited to, ~ obligation to conduc~ all operations on the leasehold in accord~ce with lhe te~s ~d conditions of
the lease, to coudition all wells for proper abandonment, to restore the ~eased lands upon completion of ~y operations as described in the lease, and to ~mish and maintain
such bond as may be required by file lessor pursuit to regulations 43 CF}i~ 3104, 3134, or 3206.
For geothe~al tr~sfers, an ore'ding royalty may not be less Ih~ one-fourth~(fi) of'one percent of the value of output, nor Dealer than 50 percent of the rate of royal~
due to the United States when this transfer is added to all previously created ov,~iding royalties (43 CFR 324.1).
1 ceflify that the statements made herein by me me tree, complete, and conect [o the best of my ~owledge ~d belief ~d ~e made in good faith.
well under F~mut A~eement dated M~ch 25, 1988. ~.~
N~e of Transferor BERCO RESOURCe, LLC TOM BROWN,'INC.
or William S. Bergner, ~sider..t
A~omey2in-faot , , ,, ,.~.
~ (Si~amre)~ , '~ ~
One Tabor Cenler, Suile ~00, ~ 200 '~ 7th Slreel
Denver (Tr~sf¢ror'sAddrcSS)CO -: B0202
BURDEN HOURS STATEMENT
Public reporting burden for thin form ia estimaled to average 30 minutes pe[ r~::ponse, including the time of reviewing instructions, gathering and maintaining data, and
completing and reviewing the form. Direct comments regarding the burden e~'qmate or any other aspect of this form to U.S. Department of the Interior, Bureau of Land
Management (1004-0034), Bureau Clearance Officer, (WO-630), Mail Stop 4Ol LS, 1849 C Street, N.W., Washinglon, D.C. 20240.
Title 18 U.S.C. Sec. I001 makes it a crime for any person knoVangly and wiff_;'ully to make to any Department or agency of the United States any false, fictitious or fraudulent
stalements or representations as to any matter within its jurisdiction.
?~CKNOWLEDGMENTS
009
STATE OF COLORADO )
CITY AND )
C0~TY OF DE~ER )
The foregoing instrument was ac~owledged before me this /~ day.~of
for B~RCO limited' liability
~SO~CES, LLC, a ~e/~ar~ on
WIT~SS my hand and:~6fficial seal.
My Commission expires:
No~ry Public
ACKNOWLEDGMENTS
STATE OF COLORADO )
CITY and )ss.
COUNTY OF DENVER )
The foregoing instalment w;is: acknowledged before me this q~ day of August 2001, by Rodney
G. Mellott, as Vice President - Land ~:br TOM BROWN, INC., a Delaware corporation, on behalf of said
corporation. :
WITNESS my hand and off :iai seal.
My Co~ssion Expires: ~ .' R~T~ ".~ ~ ~ No~W Public: Oail Anne Bat~s
- · ~. - Residing at:
LOEETTA BAILIFF, ~CLEEK
RIDER ~:
Attc~hed to /nd made a part of that certain TRANSFER OF OPERATING RIGHTS dated
?[tk,~ /6L , 2001 frorr~ Berco Resources, LLC as Transferor to Tom Brown, Jnc. as
Transfe~tee,' covering BLM Lease No. WYW~63819 insofar and only insofar as said lease covers the NW/4
of Section 17, Township 25 North, Rw~ge 1 ! 1 West, Sweetwater CounO~, Wyoming.
A. It is the intent of the parties that Transferor grant, bargain, assign, transfer and convey to Transferee,
effective as of the date of payout of the Anderson Canyon #2-17 well (the "Effective Date"), as payout is
de£med below, forty percent (40%) of the interest assigned by Transferee's predecessor, Presidio
Exploration, Inc., to Transferor's predecessor, Terra Resources, Inc., :in two Transfers of Operating Rights
dated April 22, 1989 and approved :by the Bureau of Land Management on July 6, 1989, in and to the
following:
1. The lands described herein and the wellbore of that certain w~::il described as the Anderson Canyon
#2-17 well, located in the NW/4 of Section 17, Township 25 North, Range 111 West, Sweetwater
County, Wyoming (the "We2l"), in accordance with the Farmout Agreement described below;
2. Any and all tanks, pumps, pipelines, water lines, roads, bui!dings, easements and rights-of-way,
machinery, facilities, equipment, fixtures and any other persoaat property located on the Lease and
used solely and exclusively in connection with oil and gas op,*,rations on the Well.
3. Any and all unitization agreements, pooling agreements, umt declarations, gas sales or. purchase
contracts, operating agreements, and any other contracts or ~greements, including but not limited
to those described below, te the extent and only to the extent that such contracts or agreements
relate, pertain, or are incidental to the interests conveyed herein.
B. This Transfer is subject to the following terms and cgnditions:
1. Transferee's rights are ~;overned by, and Transferee exp~ ~ssly assumes all obligations under:
a. The terms and conditions of the Lease and any other instruments of record affecting the
Lease or the Well;
b. Any existing orders of any state or federal regulatory agency having jurisdiction over the
production of oil, gas and other hydrocarbons fi'om the. Well, and any other rules,
regulations and ord,~rs of governmental authorities Laving jurisdiction;
c. That certain Farmo~t Agreement dated March 25, i.'~.88 .(the "Farmout") by and between
General Atlantic Energy Corporation as Farmor and Terra Resources, Inc. as Farmee.
Pursuant to the terz,~s of the Farmout, upon the ccc[a-fence of Payout, as de£med therein,
Farmor's reserved c~verriding royalty interest was tribe, at Farmor's option, convertible to
a forty percent (40%) working interest, proportionately reduced.
2. Transferee agrees to assume responsibility for its proportionfite share of the cost, risk and
, expense of operations, ~cluding the proper plugging an~i abandbnmen( of the Well.
C. Transferor makes no representation or warranty of title to the~'interest~ assigned hereby, except for
claims arising by, through or under Transferor.
D. Transferee hereby relinquishes tc Transferor the overriding roya)ty interest described above and in the
Transfers of Operathng Rights set forth in Paragraph "A" above, also ~:ffective as of the Effective Date.
RECOR~EB 8/22/:~001 fit 09:00 ;~H"REC# 134~021 BK# 8941 PC# 8888
LORETTA I~RILIFF, CLERK of SWEETNATER COUNTY~ NY' Pa~e 5 of 5