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Home My WebLink About943925 l/)(j 1....V RECEIVED 12/212008 at 9:47 AM RECEIVING # 943925 BOOK: 710 PAGE: 289 WELLBORE ASSIGNMENT JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY THIS WELLBORE ASSIGNMENT (the "Assignment"), dated effective 12:01 a.m. local time June 10, 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"). 00û289 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 Lincoln County, Wyoming (the "Wellbore Interests"): 1. Seventy percent (70%) of Assignor's right, title and interest in and to the wellbore for the Whiskey Buttes Unit Border 228-03E Well, located in the NWNW of Section 3, T21 N, R112W, 6th P.M., Lincoln County, Wyoming, at a surface location 340 feet from the North line, and 340 feet from the West line of said Section 3, and all associated equipment and personal property (the "Wellbore"), together with such interest of the Assignor derived from 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 the Whiskey Buttes Unit and the Unit Operating Agreement for the Whiskey Buttes Unit, No. WYW 109754X (i) the Operating Agreement for the Whiskey Buttes Unit Border 228-03E well dated October 7, 2004 (as amended), between EOG Resources, Inc., as operator for drilling, evaluation, completion and plugging and abandonment and BP America Production Company, as operator for post-completion operations, and Chevron U.S.A. Inc. Anadarko E&P Company LP, Robert B. Ferguson, Double Eagle Petroleum Company, and Cabot Oil & Gas Corporation, as non _ operators, (ii) the Operating Agreement covering All Section 33, T22N-R112W, dated March 4, 1987, between Amoco Production Company, as operator, and Champlin Petroleum Company, as non -operator (iii) Whiskey Buttes Unit Agreement, No. WYW-109754X, and Unit Operating Agreement for the Whiskey Buttes Unit, and (iv) Communitization AgreementWYW-110541, effective March 30,1986, (v) Wellbore Communitization Agreement WYW-174663, effective June 1, 2005, 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 1861 #2 (API No. 4904120840), located in Section 13, T18N, R113W, 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. In the event a participating area ("PA") is expanded after Assignee has acquired an interest therein pursuant to the BP-EOG Moxa Arch Farmout Agreement dated July 31, 2003 between BP and EOG, Assignee will not be entitled to participate in production from the 1 00\1290 expanded participating area but Assignor will be deemed to have assigned to Assignee, as of the effective date of the PA 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. In 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 Interests. 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 Well bore Interests 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 Interests 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 Interests. E. To the extent permitted by law, Assignee shall be subrogated to Assignor's rights, to the extent of the Well bore Interests, in and to representations, warranties and covenants given with respect to the Leases. Assignor grants and transfers to Assignee, its successors and 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 Farmout Agreement. 2 00&29:1 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 AMERI C~M 3 ûOG292 Acknowledaements STATE OF TEXAS ) ) ss. COUNTY OF HARRIS ) The foregoing instrument was acknowledged before me this éf'L day 0'" ~ J {,.I , 20ce by Stacey J. Garvin, as Attorney in Fact for BP America Production compa~~e corporation. L- STATE OF COLORADO CITY AND COUNTY OF DENVER) 'ö. The foregoing instrument was acknowledged before me this.2Zhdday of OC.-to6e.r:- 200j' by J. Michael Schween, as Agent and Attorney in Fact of EOG Resources, Inc., a Delaware corporation. ) ) ss. Witness my hand and official seal. My commission expires: 0 I /, 0 /2 0 10 , ,~'"\-,. r':"1 ,..'. : " \'4.ÜI. "\,' . , " . l:/iV.o, í¡\ . {:}i} ~ r' \,t",,, n ~,... t'. Ç~\'" ., ~ '. -- 9 (!. '-fY1 + . .' ,.. '.~' ~ ; ~ . n .~:.~~/) ,--.,~', 4 ÜOû293 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" Whiskey Buttes Unit Border 228-03E Drilling and Spacing Unit approved by the Wyoming Oil & Gas Conservation Commission under Order 497-2004 and subiect to Commun/tization Aareement WYW-174663. effective June 1. 2005: Lincoln County, Township 21 North, RanQe 112 West Wyomina: Section 3: Lot 4 (NWNW) . Section 4: Lot 5 (NENE) Township 22 North. Ranoe 112 West Section 33: SESE Section 34: SWSW Whiskey Buttes Unit Frontier Format/on Consolidated Partic/patina Area "AB" Lincoln County, Township 20 North, Ranae 112 West, 6th P.M. Wyoming: Section 4; Lots 2-4, SENW Township 20 North. RanQe 113 West. 6th P.M. Section 1: Lots 3, 4 Section 2: Lots 1-3 Township 21 North, Ranoe 111 West. 6th P.M. Section 6: Lot 14, SESW Section 7: Lots 1-4, E2W2 Township 21 North. Ranae 112 West. 6th P.M. §>ection 1; Lots 3, 4, SWNE, S2NW, S2 Section 2: Lots 5-8, S2N2, S2 Section 3: Lots 1-4, S2N2, S2 Section 4: SENE, SESW, SE Section 8: SENE, SESW, SE Section 9: ALL Section 1 0: ALL Section 11: ALL Section 12: ALL Section 13: ALL Section 14: ALL Section 15: ALL . Section 16: ALL Section 17: ALL Section 18: SENE, E2SE Section 19: E2 E2 Section 20: ALL Section 21: ALL Section 22: ALL Section 23: ALL ') 000294 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" CONTINUED: Section 24: ALL Section 25: ALL Section 26: ALL Section 27: ALL Section 28: ALL Section 29: ALL Section 32: ALL Section 33: ALL Section 34: N2NE, NW, NWSW Section 35: NE, N2NW, SENW, N2SE, SESE Section 36: ALL Sweetwater County. Wvominq: Township 21 North, Ranqe 111 West Section 7: NWNE, S2NE, SE 6 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 COv295 "LEASES" Lease Number Lessor 11 WYW 0310645 USA Township 21 North. Ranqe 112 West 1,600.00 L-608024 Sec 8: SE, SESW Sec 10: ALL See 14: ALL Sec 22: N2NE, SENE 12 WYW 0310646 USA Township 21 North. Ranoe 112 West 1,160.00 L-656799 Sec 22: SWNE, W2, SE Sec 26: ALL 13 WYW 0310647 USA Township 21 North, Ranoe 112 West 910.32 L-656798 Sec 2: Lots 5-8, S2N2, S2 Sec 4: SENE, SE, SESW See 8: SENE 16 WYW 0311096 USA Township 21 North, Ranoe 112 West 640.00 L-608025 Sec 20: ALL 23 WYW 0315714 USA Township 20 North, Ranoe 113 West 45.96 L-601608 See 2: Lot 1 43 WYW 0322061 USA Township 21 North. Ranqe 112 West 120.00 L-672902 Sec18:SENE,NESE,SESE 70 WYW 038884 USA Township 20 North. Ranqe 112 West 40.00 L-656800 Sec 4: SENW 77 ST - 64-9261 State of Wyoming Township 21 North. Ranoe 112 West 320.00 L-608028 Sec 36: S2 7 000296 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 "LEASES" Lease Number Lessor Thomas S. and Lillian 83 FEE E. Harrower, et al Township 21 North, Ranqe 112 West Joe S. & Valeria Marland Sec 32: W2SW, SESW Albert W. & Margaret Fay Marland Township 20 North, RanQe 113 West Grace Elizabeth Marland Sec 2: Lots 2, 3 Eric Innis & Janette Clifford Alfred Eugene & Joanne Marland Harry Russell & Elaine A. Marland 120.00 L-601587-A L-601587-B 91.74 L-601587-C L-601587-D L-601587 -E L-601587-F L-601587 -G Champlin Petroleum 84 FEE Company Township 21 North, Ranqe 111 West 491.84 L-600242 Sec 7: Lots 1-4, E2W2, SE Champlin Petroleum FEE Company Township 21 North, Ranqe 112 West 4,311.35 L-600228 Sec 1: Lots 3, 4, S2, S2NW Sec 3: Lots 3, 4, S2, S2NW Sec 9: W2, SE Sec 11: W2, SE Sec 13: W2, SE Sec 15: W2, SE See 21: W2, SE Sec 23: W2, SE Sec 27: W2, SE Champlin Petroleum FEE Company Township 20 North, Ranqe 113 West 94.20 L-600289 Sec 1: Lots 3, 4 8 00&297 EXHIBIT "A" ATTACHED TO AND MADE A PART OF THAT CERTAIN WjLLBORE ASSIGNMENT BY AND BETWEEN BP AMERICA PRODUCTION COMPANY, AS AS~IGNOR AND EOG RESOURCES, INC., AS ASSIGNjE "LEASES" Lease Number Lessor Champlin Petroleum FEE Company Township 21 North, Ranqe 112 West Sec 17: W2, SE Sec 19: E2SE Sec 29: W2, SE Sec 33: W2, SE Sec 35: N2NW, SENW, N2SE, SESE FEE Champlin Petroleum Company Township 21 North, Ranqe 112 West Sec 25: NW, S2 9 1,760.00 L-600289 480.00 L-600242