HomeMy WebLinkAbout933194
MINERAL DEED
STATE OF WYOMING
COUNTY OF LINCOLN
)
) ss.
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000479
This Mineral Deed is from C. S. O'Connell, as Personal Representative of The Estate of Richard
K. O'Connell, also known as R. K. O'Connell, ("Grantor") to the following in the proportions set out
beside each name:
O'Connell Partners, L.P.
a Delaware limited partnership
60.5043%
Black Stone Natural Resources II, L.P.
a Delaware limited partnership
24.1485%
Black Stone Natural Resources II-B, L.P.
a Delaware limited partnership,
15.3472%
(collectively "Grantee"), whose address is 1001 Fannin, Suite 2020, Houston, Texas 77002.
For good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Grantor does hereby grant, sell, and convey unto Grantee, all of Grantor's right, title
and interest, if any, in and to the following:
1. The oil, gas and associated liquid and gaseous hydrocarbons, including, without
limitation, coalbed methane gas, all coal, lignite, gold, silver, uranium, limestone, sand, rock,
caliche, water and any other substance or mineral (collectively, "Minerals") in and under the
lands described on Exhibit "A" attached hereto and made a part hereof ("Mineral Lands"), and
all other interest, if any, owned by Grantor, in, to and under the Mineral Lands. For purposes of
this Agreement, the term "coalbed methane gas" shall mean all gas which can be produced from
a coal seam or the rock or other strata in communication with a coal seam. The term "Mineral
Lands" shall also include for purposes of this Agreement all of the Minerals and mineral fee
interests of every kind and nature owned by Grantor, whether or not specifically or correctly
described in Exhibit "A", it being the intent hereby to sell and convey to Grantee all of Grantor's
right, title and interest in and to all Minerals and mineral fee interests of every kind and nature
owned by Grantor as of the Effective Date whether or not specifically or correctly described on
such Exhibit "A";
2. all Minerals produced from or attributable to the Properties (as hereinafter
defined) after the Effective Date;
3. all geological, seismic and other technical data in Grantor's possession relating to
the Properties, to the extent not subject to third party consents or restrictions on transfer;
RECEIVED 9/17/2007 at 3:28 PM
RECEIVING # 933194
BOOK: 672 . PAGE: 479
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER. WY
1
0004¡:O
4. all files, muniments of title, reports, logs, core samples, maps, interpretive data
and engineering data and information that directly relate to the Properties;
5. all files, records and data relating to the Properties maintained by Grantor, but
excluding (i) Grantor's company files and tax-related records to the extent not relevant to the
Properties, and (ii) records and data to the extent transfer thereof is prohibited by unaffiliated
third party contractual transfer;
6. all contracts relating to the interests conveyed herein ("Contracts");
7. all executive rights and other rights whatsoever related to the Properties,
including, without limitation, (i) the exclusive right to grant leases covering the Mineral Lands
and (ii) the right to execute any and all instruments relating to all existing oil and gas leases that
Grantee in its sole discretion deems necessary or advisable, including, without limitarion, all
amendments, extensions, pooling agreements, unitization agreements or other agreements of any
nature whatsoever relating to such leases;
8. all real or immovable property and rights incident to the Properties (as hereinafter
defined), including (i) all rights with respect to the use and occupation of the surface of and the
subsurface depths under the Properties; and (ii) all rights with respect to any pooled,
communitized or unitized acreage by virtue of any Property being a part thereof, including all
production from such pool or unit allocated to any such Property;
9. the rights of ingress and egress and use of the surface of the Properties to the
extent reasonably necessary to permit Grantee to explore, drill, develop, produce, treat, store,
remove, transport and own all of the Properties; and
10. all rights in, to and under the Contracts, including, without limitation, all claims
of Grantor against third parties relating to the Properties, whether choate or inchoate, known or
unknown, contingent or noncontingent; ,
(all of the properties described in Sections 1-10 above being hereinafter collectively referred to
as the "Properties").
To have and to hold the Properties unto Grantee, its successors and assigns, forever; and
Grantor agrees to warrant and forever defend all and singular the title to the Properties unto Grantee
against every person whomsoever lawfully claiming the same, or any part thereof, by, through and
under Grantor, but not otherwise; and with full substitution and subrogation of Grantee, and all
persons or entities claiming by, through and under Grantee, in and to all covenants, warranties and
indemnities given or made by Grantor's predecessors in title and with full subrogation of all rights
accruing under applicable statutes of limitation or prescription and all rights of action of warranty
against all former owners of the interests herein conveyed.
This Mineral Deed shall be binding upon and shall inure to the benefit of the parties hereto,
their successors and assigns and shall constitute covenants running with the land.
2
0'0048:1
Dated and effective as of7:00 a.m., Mountain Time, August 20,2007 ("Effective Date").
GRANTOR:
THE ESTATE OF RICHARD K. O'CONNELL
By: Q)SlD ~
C. S. O'Connell, Personal Representative
GRANTEE:
O'CONNELL PARTNERS, L.P.
By: BSAP II GP, L.L.C., its General Partner
By: ~h~ aUÞ~~
Ii A. Vanderhider
Executive Vice President & Chief Financial Officer
BLACK STONE NATURAL RESOURCES n, L.P.
By: BSAP II GP, L.L.C., its General Partner
By: ~/ isl/ LÆ.-t~ ~
I e A. Vanderhider
Executive Vice President & Chief Financial Officer
BLACK STONE NATURAL RESOURCES n-B, L.P.
By: BSAP II GP, L.L.C., its General Partner
By: igt~ a r h_d--t£. ~
H Ii A. Vanderhider -
E utlve VIce PresIdent & ChIefFmanciaI Officer
[Signature Page--Mmeral Deed]
000482
ACKNOWLEDGMENTS
STATE OF WYOMING §
§
COUNTYOFNATRONA §
This instrument was acknowledged before me this \~ day of August, 2007 by C. S.
O'Connell, as Personal Representative of The Estate of Richard K. O'Connell, on behalf of said Estate.
",""R~PÙIIJC . C'~,~ r·~" \.~
COUNTY OF St Cherri R. Ne an, Notary ~c
NATRONA W:O~I~ My Commission Expires: May 29, 2008
My Commission Expires May 29, 2008
STATE OF COLORADO §
§
COUNTY OF ARAPAHOE §
This instrument was acknowledged before me this 20ih day of August, 2007 by Hallie A.
Vanderhider, Executive Vice President & Chief Financial Officer, of BSAP II GP, LL.C., General
Partner of O'Connell Partners, L.P., Black Stone Natural Resources II, L.P. and Black Stone Natural
Resources II-B, L.P., all Delaware limited partnerships, on behalf of said partnerships.
~~.
My Commission Expires: November 22, 2010
My Commission Expires 11/22/2010
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