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HomeMy WebLinkAbout876071 ASSIGNMENY .,OF OVERRIDING ROYALTY ....... ,,~ INTEREST.~ KNOW ALL MEN BY THESE PRESEN? Su THAT: '~3OOK_~I~_?~_~._pR PAGE In consideration of the sum of T~:?'n Dollars ($10.00) and other good and valuable consideration, PEI-R~L EXPI_OR~TIO~ t. kC, a W?omin§ Limited kiabiliW Company, at P. O. Box 5083, Denver, Colorado 80217-5083, hereinafte:· called "Assignor", does hereby assign, transfer and convey the overriding royalW interests ai~ set forth below unto: If the total If the total ~:' lease burden is lease burden is i:! 18% ORR is: ** 15%, ORR is: ** ROSE EXPLORATION ASSOCIATES, LLC., 1.40625% of 8/8tbs 2.8125% of 8/8tbs A Colorado Limited Liability Comti;any 518 - 17th Street, Suite ~ Denver, CO 80202 ~. PETROTA LLC ~, .1875% of 8/8ths .3750% of 8/8ths P. O. Box 477 Williston, ND 58802 TOTAL :,! 1.59375% of 8/Sths 3.1875% of 8/8ths · *Total lease burden depend on i!i)efo~e and after payout options of the Ballerina #20-9 well located in NE/4-9-T21N-Rll3W. :, hereinafter called "Assignee" in a;i:]d to all Oil, Gas and other minerals produced, saved ~nd sold, if, as and when produced, saved-and sold, but not otherwise, from the lands set out and covered by the Oil and Gas Leas~i:.,~ described as follows, and any extensions or renewals thereof, hereinafter called the "L~.i:,ase" Lessor: ii Union Pacific Land Resources Corporation Lessee: !~ Texaco Exploration & Production Inc. Date: !! September 17, 1998 Recording:?. Book 431, Page 349 escriptior!.:: Township 21 ~orth, Range 113 West, 6 .:i Section 9:E/2 :~ Lincoln County, Wyoming Said Overriding RoyalW Interests. lshall also be assigned, transferred and conveyed as to the interests earned by and be subjeiii:t~ to all the terms and provisions of that certain.Farmout Option Agreement dated .]u!¥ 16, 11997, and [armour Agreement dated ~ovember 17, 1997, by and between Union pacific Land :~esources Corporation and Petral Exploration LLC, hereinafter called the "Farmout Interests". Said Overriding Royalty Interests ;sha be free and clear of all development, production, marketing and operating expenseS) however, said interests shall bear and pay currently portion of gross production taxesi:~ pipeline taxes, and all other taxes assessed against the gross production subject: to said Overriding Royalty Interest. It is agreed that nothing herein. contained shall impose upon the Assignor, its heirs successors, or assigns, any duty or obligation to develop or operate ifle properties covered by the described "Leases" in effect by the payment of delay rentals, shL~t-in royalty payments or other similar payments. It is u~nderstood and agreed that I:he Assignor shall have the right to pool the "Leases" and the lands covered thereby, or any pa.!t thereof, with other lands and leases into voluntary units, or into units as established by any c:;~vernmental authority having jurisdiction, and if said "Leases" or any part thereof are pooled ac.'.~:ordingly, then the Overriding Royalty Interest herein conveyed shall be reduced in the ~proportion that the acreage burdened by said Overriding Royalty Interest bears to all acrei~ge included in any such pooled unit. If the "Leases" and "Farmout Int~Jrests" described herein cover a lesser interest in the oil, gas and associated hydrocarbon sub,.;;i:ances than the entire undivided fee simple estate and/or mineral estate therein, the Overriding Royalty Interests assigned herein under such "Leases;' and "Farmout Interests" as to th~ lands described shall be reduced proportionately and shall be payable only in the proportion which, the interests in the oil, gas and associated hydrocarbon substances covered by said" /" · Lea:;e and "Farmout Interests" as to the lands described bears to the entire'and Undivided fee simple estate. In addition, if the interest owned by Petrota LLC in the "Leases" and ,Farmout Interi..sts described herein is less than the full and entire interest in said "Leases" and "Farmout Intef'ests, the Overriding Royalty Interest conveyed to Petral Exploration LLC herein is also'red~Jced proportionately and is payable only in the proportion which the interest owned by Pet~;;Sta LLC in said "Leases" and "Farmout Interests" as to the lands described bears to the full ~:';ind entire interest in said "Leases" and "Farmout Interests" as to the lands described. This Assignment is made subject to those certain Agreements: Contractor Agreement, effective November 1, 1993, as amended, by and between Petral Exploration, LLC, and Rose Exploration Associates, LLC and The IndePe~dent Contractor Agreement, effective February 9, 1994, by and between Petrota, LLC and Petrali!~xploration, LLC. This Assignment of Overriding R~:?alty Interests is made without warranty of title, either express or implied. :ii This Assignment shall be bind nc :lupon and inure to the benefit of the respect parties hereto, their heirs, successors, represen~i:iitives and assigns. This Assignment of Overriding Rc!yalty Interests replaces that certain unrecorded and unfiled previous Assignment of Overridin~ Royalty dated December 1st, 1999, has been misplaced and assignment should not be constr,.iled to be additional interest and is not meant to be an additional conveyance of interest:iil IN WITNESS WHE!~EOF, the said:i.I~ETRAL EXPLORATION LLC, as Assignor, executed this instrument this /..~z-- day of /~./.~,.,,,,.~.,~/-- ,2001, but effective date of first production ' PETRAL EXPLORATION LLC., · 'r Captiva/p,~q_pr~(~eA, ~nc., Manager ', By 'i; Antho/fy R. Mayer ~ ACKNOWLEDGEMENT STATE OF COLORADO ) COUNTY OF DENVER ) me On this day of ..... appeared Anthony R. Mayer, to me personally known,.. ;rWh~ bein:!~: by me duly sworn, did say that he is the President of Captiva Resources, Inc., as Manager of [;iatra Exploration LLC, and that the seal affixed to said instrument was signed and seal¢ :.j on behalf of Captiva Resources, Inc., Manager of Petral Exploration LLC and said. Anth0n?:: R;. Mayer acknowledged said instrument to be the free act and deed of said corporation. WITNESS. my hand and seal this day of ,w-~, 2001. My commission expires: 3/9/05 ~' , . ¢,.~ ~, ,/~-~ -.:' S.L. Pacheco - Notary Public P. O. Box 5083 Denver, CO 80217-5083