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Home My WebLink About942262 STIPULATION AND AMENDMENT OF MINERAL DEED RECEIVED 9/15/20C - - - 3 PM RECEIVING # 942262 BOOK: 704 PAGE: 824 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY STATE OF WYOMING § § § 000824 COUNTY OF LINCOLN WHEREAS, by that certain instrument titled "Mineral Deed and Assignment of Overriding Royalty Interest" (the "Mineral Deed"), dated effective as of 12:01 a.m. local time on January 1,2002 (the "Effective Time"), recorded in the STATE OF WYOMING in the Official Records of the counties, on the dates and in the manner set forth on Exhibit "A" attached hereto and made a part hereof, Ocean Energy, Inc., a Louisiana corporation ("Ocean"), conveyed to Black Stone Acquisitions Partners I, L.P., a Delaware limited partnership ("BSAPI"), all of the right, title and interest of Ocean in certain assets located in the forty-eight (48) contiguous states of the United States and Alaska, subject to the terms of a Purchase and Sale Agreement between Ocean and Black Stone Minerals Company, L.P., a Delaware limited partnership ("BSMC"), dated August 21, 2002, as amended (the "PSA"); WHEREAS, Ocean, BSAPI, and BSMC intended that no oil, gas, or mineral leasehold working interest existing as of the Effective Time (as further defined below, "WI") be conveyed to BSAPI pursuant to the Mineral Deed, or to BSMC or its designee pursuant to the PSA; WHEREAS, a question has arisen whether the Mineral Deed and the PSA contain an ambiguity that may frustrate the intent of Ocean, BSAPI, and BSMC; 'Z 6 WHEREAS, in addition, the Mineral Deed contains errors made by mutual mistake; (~ , ,v WHEREAS, effective July 3, 2003, Ocean Energy Inc. changed its name to Devon , (.I Louisiana Corporation; and, effective December 30, 2005, Devon Louisiana Corporation ./ merged into Devon Energy Production Company, L.P., with Devon Energy Production Company, L.P, being the surviving entity ("Devon"); WHEREAS, effective March 5, 2007, Black Stone Acquisitions Partners I, L.P. changed its name to Black Stone Natural Resources I, L.P. ("BSNRI"); and WHEREAS, Devon, BSNRI and BSMC desire that a recordable instrument in the form of this Stipulation and Amendment of Mineral Deed ("Stipulation and Amendment") be executed so as to reflect the original intent of the parties to the Mineral Deed and the PSA, and the current intent of the parties hereto, and to correct the above referred to errors; NOW, THEREFORE, for and in consideration of One Hundred Dollars ($100.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Devon, BSNRI and BSMC do hereby stipulate and agree to the following: oo~' ff."" - vð2·~ 1. No WI in any of the properties described and listed on the attached Exhibit "B", existing as of the Effective Time, was intended to be conveyed by Devon to BSNRI pursuant to the Mineral Deed, or to BSMC or its designee pursuant to the PSA; any such WI is owned by Devon, not BSNRI or BSMC; and in the event, and only in the event, that any such WI was conveyed to BSNRI or BSMC pursuant to the Mineral Deed, BSNRI and BSMC do hereby grant, sell, convey, transfer, assign, set over, and deliver unto Devon such right, title, and interest in such WI as is necessary to effectuate the purposes hereof effective as of the Effective Time; provided, however, it is understood and agreed that this Stipulation and Amendment specifically does not cover, and BSNRI and BSMC shall remain the owners of, any WI which came, or may come, into existence after the Effective Time as the result of a conversion of any royalty interest or overriding royalty interest owned by BSNRI or BSMC to a WI. As used herein, the term "WI" shall mean a Participating Interest (as hereinafter defined) existing as of the Effective Time. For purposes of this definition, a "Participating Interest" shall mean an interest derived from an oil, gas, or other mineral lease, that (i) carries with it the right to explore for and produce the minerals in, on, and/or under the land covered by the lease, and (ii) is burdened with an obligation to pay a share of the costs and expenses associated with the exploration and production of such minerals. 2. The reference to "Grantee" in the penultimate sentence of the first paragraph on page one of the Mineral Deed shall be amended and is hereby amended to "Black Stone Minerals Company, L.P., a Delaware limited partnership." 3. The following language shall be deleted and is hereby deleted from page one of the Mineral Deed in its entirety: "Assets. Excluded Assets, as defined herein, the term "Assets" shall mean all ofthe right, title and interest of Grantor in and to:" 4. The reference to "Effective Date" in the enumerated paragraph 1) on page two of the Mineral Deed shall be amended and is hereby amended to "Effective Time," 5. The reference to "[the closing date]" in the p~agraph entitled "Habendum" on page three of the Mineral Deed shall be amended and is hereby amended to "September 27, 2002. " It is understood by and between the parties hereto that, except as expressly stated herein to the contrary, the Mineral Deed shall remain in full force and effect. This Stipulation and Amendment is made subject to all of the terms, conditions, and provisions of the PSA and the Mineral Deed, TO HAVE AND TO HOLD any interest assigned herein, together with all rights and appurtenances attached thereto, unto Devon, its successors and assigns forever; 006826 Any assignment made herein is made without warranty of any kind, whether express, statutory or implied, except for those acts by, through, or under BSNRI, but Devon is hereby subrogated to any and all rights of BSNRI herein pertaining to any WI existing as of the Effective Time. This Stipulation and Amendment is effective as of January 1, 2002, at 12:02 a,m. local time, although executed on the dates set forth in the notarial acknowledgments below. BLACK STONE NATURAL RESOURCES I, L.P. By its General Partner, BSAPI GP, L.L.C. By: V~~~ Mark -à. Robinson Vice President, Land & Legal BLACK STONE MINERALS COMPANY, L.P. By its General Partner, BlackStone Natural Resources, L.L.C. By: )\14-e¡~ Mark E. Robinson Vice President, Land & Legal DEVON ENERGY PRODUCTION COMPANY, L.P. By: ~~ '-~. th'( A>1 Daniel W. Higdon U , /H' ( Agent and Attorney-in-Fact (Notary Acknowledgements Next Page) ACKNOWLEDGMENTS 000827 STATE OF TEXAS § § COUNTY OF HARRIS § This instrument was acknowledged before me this al ~y of July, 2008, by Mark E. Robinson, as Vice President, Land & Legal of BSAPI GP, L.L.C., a Delaware limited liability company, General Partner of BLACK STONE NATURAL RESOURCES I, L.P., a Delaware limited partnership, and as Vice President, Land & Legal of Black Stone Natural Resources, L.L.C" a Delaware limited liability company, General Partner of BLACK STONE MINERALS COMPANY, L.P., a Delaware limited partnership, on behalf of said limited partnerships. ¡[~ ~..., ~,"\\"It"I/III~ '/ì . ~~\-?~I.~~ft~¿(£"/~ L- . . ~..~~,~RY pUÍi..'-? ~ Notary Public, State ofTexas (("-tl..<0'\ \ , ~ ~ ú). ~ ,- : ~ ~ .. 4)-,. .J~J. ~ ~ e. ~(~ OF~r- .e ~ ~ ·.~..\'PIRt'2> .... ~ ~ ......... .§' """I~ 3-8·2000 ~\\,..... 1111111/111\\1"" STATE OF TEXAS § § § COUNTY OF HARRIS ~I\\¡~ v-..j \- On this:¡ day of.Ju1y, 2008, before me appeared Daniel W. Higdon, to me personally known, who, being by me duly sworn, did say that he is Agent and Attorney-in- Fact for DEVON ENERGY PRODUCTION COMPANY; L.P., an Oklahoma limited partnership, on behalf ofthe limited partnership. LAUREN ELIZABETH ABNEY Notary Pl.lbllo, State of Texas My Commhullon Expires May 11, 2Q11 ~ ~ ~UJl vl~f ' . ,L~ Notary Public, State of Texas . 1'\0·,;"'';1 IQ. ') 8 IV "C'-". EXHIBIT A Attached to and made a part of that certain Stipulation and Amendment of Mineral Deed effective January 1, 2002 between Devon Energy Production Company, L.P. and Black Stone Natural Resources I, L.P. et al State County Recordation Date Recordation Wyoming Big Horn 12/2/2002 BK S061 PG 1149 #915805 Wyominç¡ Campbell 12/2/2002 BK 1817 PG 379 #807086 Wyoming Carbon 12/2/2002 BK 1028 PG 240 #0901319 Wyoming Converse 12/2/2002 BK 1206 PG 615 #888365 WyominQ Crook 12/2/2002 BK 400 PG 702 #559645 Wyominç¡ Fremont 12/6/2002 #2002-1236529 Wyominç¡ Johnson 8/25/2003 BK 297 PG 239 #017877 WyominQ Lincoln 12/2/2002 BK 506 PG 22 #885965 WyominQ Natrona 12/2/2002 #705458 Wyomina Niobrara 12/2/2002 BK 411 PG 511 #379242 Wyominç¡ Park 12/2/2002 #2002-8904 Wyominç¡ Sublette 12i3/2002 BK 123 PG 361 #294291 Wyomina Sweetwater 12/13/2002 #1375339 BK 965 PG 248 Wyomina Uinta 12/2/2002 BK 785 PG 325 #110597 WyominQ Washakie 7/28/2008 BK 114 PG 586 #0532377 Wyomina Weston 12/2/2002 BK 261 PG 74 #656465 lincoln Cou~ty. Wyoming EXHIBIT "B" OOû829 Attached to and made a part of that certain Stipulation and Amendment of Mineral Deed effective January 1, 2002 between Devon Energy Production Company, L.P. and Black Stone Natural Resources I, L.P. et al Township 20 North-Range 112 West Section: 10 CIG Federal 1-10 (EMPL ORRI) CIG Federal 3-10 (EMPL ORR!) Section: 20 Amoco Millerl-20 Miller 2-20F Section: 28 Fabian Ditch 1-28 FabianDitch 2-28 Fabian Ditch 4-28 All wells are located in Lincoln County, Wyoming. .{. i !