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HomeMy WebLinkAbout936498 WELLBORE ASSIGNMENT 000806 THIS WELLBORE ASSIGNMENT (the "Assignment"), dated effective 12:01 a.m. local time September 6, 2005 (the "Effective Time"), is from BP America Production Company, a Delaware corporation, whose mailing address is P.O. Box 3092, Houston, Texas 77253-3092 ("Assignor") to EOG Resources, Inc., a Delaware corporation, whose address is 600 Seventeenth Street, Suite 1000N, Denver, Colorado 80202 ("Assignee"). For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor hereby sells, assigns, transfers, grants, bargains, and conveys to Assignee the real and personal property interests described below, located in Sweetwater County, Wyoming (the "Wellbore Interests"): 1. Seventy percent (70%) of Assignor's right, title and interest in and to the wellbore for the Donley 26-10 Well, located in the NW/4NE/4 of Section 26, T19N, R112W, 6th P.M., Sweetwater County, Wyoming, at a surface location 417 feet from the north line, and 2,497 feet from the east line of said Section 26, and all associated equipment and personal property (the "Wellbore"), together with such interest of the Assignor derived nom the oil and gas leases described on Exhibit A hereto (the "Leases"), insofar and only insofar as the Leases cover the lands described on Exhibit A (the "Lands") under: (i) the Operating Agreement dated July 7, 2005, between EOG Resources, Inc., Operator for Drilling, Evaluation, Completion and Plugging and Abandonment, Chevron U.S.A. Inc., Operator for Post Completion, and BP America Production Company, Anadarko E&P Company LP, Wexpro Company and Questar Exploration & Production Company, as non -operators, (ii) the Operating Agreement dated July 1, 1979, between Texaco, Inc., as operator, and Mountain Fuel Supply Company, Amoco Production Company, Champlin Petroleum Company and Conoco, Inc., as non -operators, (iii) Bruff Unit Agreement, No. 109442X, and Unit Operating Agreement for the Bruff Unit, and (iv) Communitization Agreement WYW -110292, effective November 1, 1979, (v) Communitization Agreement WYW-169020, effective June 1, 2005, RECEIVED 1/25/2008 at 3:32 PM RECEIVING # 936498 BOOK: 684 PAGE: 806 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY from the surface of the earth to 100 feet below the base of the Frontier formation, defined as the base of the coarsening upward sequence as depicted by well log gamma ray curve occurring at a measured depth of 11,807 measured depth feet in the BP America Production Company CHAMPLIN 186 I #2 (API No. 4904120840), located in Section 13, T18N, RI13W, Uinta County, Wyoming (the "Assigned Depths"), as is necessary to vest in Assignee ownership of 70% of Assignor's right, title and interest in the Wellbore and the production therefrom, limited to the Assigned Depths. 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111 RECORDED 1~02~200e AT II:J~ AM REC8 1~2J612 BK8 1111 PC8 0110 STEVEN DALE DAVIS, CLERK of S~EET~ATER COUNTY, ~YPa~. 1 of 6 1 000807 fu the event a participating area ("P A") is expanded after Assignee has acquired an interest therein pursuant to the BP-EOG Moxa Arch Fannout Agreement dated July 31, 2003 between BP and EOG, Assignee will not be entitled to participate in production from the expanded participating area but Assignor will be deemed to have assigned to Assignee, as of the effective date of the P A expansion, out of its retained working interest, such additional interest in the Wellbore as to the affected formation to keep Assignee whole as to the quantity of production (in MMBTU's) which Assignee would have received had the PA not been expanded. fu the event the assignment of Assignor's retained working interest is insufficient to keep Assignee whole, Assignee shall not be entitled to any further remedy. 2. Rights in and to all existing and effective unitization, pooling and communitization agreements, and other contracts, agreements and instruments to the extent only that they relate to or affect the Wellbore futerests. 3. Concurrent rights of ingress and egress to the Lands, and in and to surface use agreements, rights-of-way, easements, surface leases and other surface rights held by Assignor in connection with ownership or operation of the Leases and Lands. TO HAVE AND TO HOLD the Wellbore futerests unto Assignee and its successors and assigns forever. This Assignment is made and accepted expressly subject to the following terms and conditions: A. THIS ASSIGNMENT IS MADE WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY EXCEPT THAT ASSIGNOR WARRANTS THAT TITLE TO THE WELLBORE INTERESTS IS FREE AND CLEAR OF ANY LIENS AND ENCUMBRANCES CREATED BY, THROUGH OR UNDER ASSIGNOR WITH THE EXCEPTION OF ROYALTY, OVERRIDING ROYALTY AND OTHER BURDENS ON PRODUCTION OF RECORD ON JULY 31, 2003. B. This Assignment is subject to the terms and provisions of the BP-EOG Moxa Arch Farmout Agreement dated July 31,2003, between Assignor and Assignee (the "Farmout Agreement"). If there is a conflict between the terms of this Assignment and the Farmout Agreement, the terms of the Farmout Agreement shall control and not be deemed to have merged into the terms of this Assignment. c. This Assignment is subject to the terms, provisions and covenants of the Leases, all Lease burdens of record on July 31, 2003, all existing and effective pooling, communitization and unitization agreements and all other contracts, agreements and instruments related to the Wellbore futerests to the extent the same are of record on July 31, 2003 or identified in the Farmout Agreement. D. Assignee agrees to perform all obligations, express or implied, of Assignor under the Leases insofar as such obligations are applicable to the Wellbore futerests. E. To the extent permitted by law, Assignee shall be subrogated to Assignor's rights, to the extent of the Wellbore futerests, in and to representations, warranties and covenants given with respect to the Leases. Assignor grants and transfers to Assignee, its successors and 2 1/11111 1111111111 111111111111111 11111 11111 11111 11111111111111111/11111111111111111111 RECORDED 1/02/2009 AT 11:3~ AM RECI 1~23612 BKI 1111 PGI 0111 STEUEN DALE DAUIS, CLERK 0' S~EET~ATER COUNTY, ~YPag. 2 0' 6 000808 assigns, to the extent so transferable and permitted by law, the benefit of and the right to enforce the covenants, representations and warranties, if any, which Assignor is entitled to enforce with respect to the Leases, but only to the extent not enforced by Assignor. F. The references herein to liens, encumbrances, burdens, defects and other matters shall not be deemed to ratifY or create any rights in third parties or merge with, modifY or limit the rights of Assignor or Assignee as between themselves, as set forth in the Fannout Agreement. G. Unless provided otherwise, all recording references in Exhibit A hereto are to the official real property records of the county in which the Lands are located. H. Separate governmental forms of assignment of the Wellbore Interests may be executed on officially approved forms by Assignor to Assignee, in sufficient counterparts to satisfY applicable statutory and regulatory requirements. Those assignments .shall be deemed to contain all of the exceptions, reservations, warranties, rights, titles, power and privileges set forth herein as fully as though they were set forth in each such assignment. The interests conveyed by such separate assignments are the same, and not in addition to, the Wellbore Interests conveyed herein. I. This Assignment binds and inures to the benefit of Assignor and Assignee and their respective successors and assigns. J. This Assignment may be executed in counterparts, each of which shall be deemed to be an original instrument, but all of which together shall constitute but one instrument. EXECUTED on the dates contained in the acknowledgments of this Assignment, to be effective for all purposes as of the Effective Time. ASSIGNOR: BP AMERICA PRODUCTION COMPANY / / ,'// ~ 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111 RECORDED 1....02....2008 AT 11: 3:1 AM RECI! 1:123612 BKI! 1111 PCìI! 0112 STEVEN DALE DAVIS, CLERK 0' S~EET~ATER COUNTY, ~YPQ~. 3 0' 6 3 Acknowledaements STATE OF TEXAS ) ) ss. COUNTY OF HARRIS ) OOOB09 The foregoing instrument was acknowledged before me this .3 J day of May, 2007 by Jeanine Haller Piskurich, as Attorney in Fact for BP America Production Company, a Delaware corporation. Witness my hand and official seal. My commission expires: ~.~~'''''r~. CHARLES T. DAVIS, JR. i*¡ ;*ª MY COMMISSION EXPIRES \*:1..... .~l April 19, 2010 ~""tvr.,~~ '\ t.-{ - ') - "20(0 C1L~-L STATE OF COLORADO ) , ) ss. CITY AND COUNTY OF DENVER ) .-jt¡ 'se.pfeP110 er The foregoing instrument was acknowledged before me this 2.& day of-May, 9)cßJ 2007 by J. MichaelSchween, as Agent and Attorney in Fact of EOG Resources, Inc., a Delaware corporation. 9·e. ",~".",:.r. ;;*····,jl' /;~ ~\';"~ I"~' '..' r«~ //\;:.¿;f, ,-\4~:, .J:, Þ'"r _, .;'.' rl "" "1 : . .~ 0 I .,' r c:. ,": :~:, \,.. ~ü .~i/( ",\,'~). r "~"L"e~:.... ~,.,:' ¡-" 't' é~: I rY") ~)o. ",,·..0."> ''''':('.' , I ' ( tŸvLL '\' ~ '·If.' r(.y....-.,::; . ".: "~~~~~.:;.:~~~:.;" ,,_.' ',~' :; " Witness my hand and official seal. My commission expires: Ø/ // D J~ð/6 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111 RECORDED 1/02/2008 AT 11:3S AM RECI IS23612 BKI 1111 PGI 0113 STEVEN DALE DAVIS, CLERK 0' SWEETWATER COUNTY, WYPag. 4 0' 6 4 000810 EXHIBIT "A" ATTACHED TO AND MADE A PART OF THAT CERTAIN WELLBORE ASSIGNMENT BY AND BETWEEN BP AMERICA PRODUCTION COMPANY, AS ASSIGNOR AND EOG RESOURCES, INC., AS ASSIGNEE "LANDS" Drillinl! and Spacinl! Unit approved bv the Wvominl! Oil & Gas Conservation Commission under Order 404-2004 and subject to Communitization Al!reement WYW-169020, effective June 1, 2005: Township 19 North. Range 112 West Section 23: WI2SW/4SE/4, EI2SE/4SW/4 Section 26: W /2NW /4NE/4, E/2NE/4NW /4 Lands Subject to Communitization Al!reement WYW-ll0292: Township 19 North. Range 112 West Section 23: SE/4SE/4 Section 26: All Lands Subject to Bruff Unit Frontier Formation Participatinl! Area "A" Lincoln County. Wyoming Township 19 North. Range 112 West Section 21: SE/4 Section 22: SE/4NW/4, SW/4 Section 27: NW/4 Section 28: NE/4 Sweetwater County. Township 19 North. Range 112 West Wyoming Section 14: S/2SW/4, SE/4 Section 22: E/2 Section 23: W/2, W/2E/2, E/2NE/4, NE/4SE/4 Section 24: NW/4, NW/4SW/4 Section 26: NW/4NW/4 Section 27: N/2NE/4 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111 PGtI 0114 RECORDED 1/02/2008 AT 11:3~ AM RECti 1~23612 BKtI 1111 STEVEN DALE DAVIS. CLERK of SWEETWATER COUNTY. WYPa~. ~ of 6 5 EXHIBIT" A" ATTACHED TO AND MADE A PART OF THAT CERTAIN WELLBORE ASSIGNMENT BY AND BETWEEN 000 BP AMERICA PRODUCTION COMPANY, AS ASSIGNOR AND 8j.1. EOG RESOURCES, INC., AS ASSIGNEE "LEASE" BP Lease Number: Lessor: Lessee: Recording: Lease Date: County: State: Legal Description: 600148 Champlin Petroleum Company Amoco Production Company Book 517, Page 416 July 27, 1972 Sweetwater Wyoming Tl9N-R112W Sec 23: NE/4NW/4, SE/4, W/2NE/4 Containing 280.00 acres, more or less Sweetwater County, WyominL BP Lease Number FEE LANDS 13 Fee Champlin Petroleum Township 19 North. Range 112 West 500.00 600148 Company Section 21: SE/4 Section 23: W/2E/2, NE/4SE/4, NE/4NW /4 Section 27: W/2NW/4, W/2SE/4NW/4 11111111111111111111111111111111111111111111111111111111111111 11I1I 1111111111 1111 Im- RECORDED 11'021'200e AT 11: 3S AM RECII lS23612 BKII 1111 PGII 011S STEVEN DALE DAVIS, CLERK of S~EETWATER COUNTY, WYPag. 6 of 6 6