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HomeMy WebLinkAbout945013 }, C Vi ,/", WELLBORE ASSIGNMENT ûOô45S THIS WELLBORE ASSIGNMENT (the "Assignment"), dated effective 12:01 a.m. local time February 27, 2006 (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 State of Wyoming 24-09 Well, located in the SE/4SW/4 of Section 24, Tl9N, R112W, 6th P.M., Sweetwater County, Wyoming, at a surface location 140 feet from the south line, and 1,962 feet from the west line of said Section 24, 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 ~ ci W 0::: :2 W D.. It) :2 tOM~ffia5 c:-!<r-"z~ '<tcwc> . ~&l)C><{~ '¢<{:>o::: O>Ø)D..:>W g W ~ N'*I: ZÜ ~~~~~ C>_....w::> "'" -;) 0 WW.. Ü ~frlô z Wo:::O ~ U (J) 0 W Ü c::: Z ::J (i) the Operating Agreement dated July 21, 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 October 1, 1978, between Amoco Production Company, as operator, and Champlin Petroleum Company, as non - operator, (iii) the Operating Agreement dated May I, 1980, between Texaco, Inc., as operator, Mountain Fuel Supply Company, Amoco Production Company, Champlin Petroleum Company, and Conoco, Inc., as non -operators, (iv) Bruff Unit Agreement, No. 109442X, and Unit Operating Agreement for the Bruff Unit, (v) Communitization Agreement WYW-123543, effective November I, 1989, and (vi) Communitization Agreement WYW-168983, effective July 15,2005, 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 186 I #2 (API No. 4904120840), located in Section 13, Tl8N, R1l3W, Uinta County, Wyoming (the "Assigned Depths"), as is necessary to vest in Assignee ownership of 1111111 111111111111111111111111111111111111111111111111111111111111111111111111111111 RECORDED 11....26/2008 AT 10: ~8 AM RECI! 1349243 BKI! 1133 PGII 0968 STEVEN DALE DAVIS, CLERK of SWEETWATER COUNTY, WYPag. 1 of 6 1 OO{)456 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 ("P A") 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 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. 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 ofthe Leases and Lands. TO HAVE AND TO HOLD the Wellbore 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 Wellbore Interests, in and to representations, warranties and covenants 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111 RECORDED 11;'26....2009 AT 10:!59 AM RECIt 1!549243 BKIt 1133 PGIt 0969 STEVEN DALE DAVIS, CLERK of S~EET~ATER COUNTY, ~YPag. 2 of 6 L. ûOû457 given with respect to the Leases. Assignor grants and transfers to Assígnee, íts successors and assigns, to the extent so transferable and pennitted by law, the benefit of and the right to enforce the covenants, representations and warranties, íf any, which Assígnor is entitled to enforce with respe~t 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 ratífy or create any rights ín 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 Exhibít A hereto are to the official real property records of the county in which the Lands are located. H. Separate governmental fonns of assígnment of the Well bore Interests may be executed on officially approved fonns by Assignor to Assignee, ín 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 hereín as fully as though they were set forth in each such assignment. The ínterests conveyed by such separate assígnments are the same, and not ín addítíon to, the Well bore Interests conveyed hereín. I. This Assignment bínds and ínures to the benefit of Assignor and Assignee and their respective successors and assígns. 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 AME UCTION COMPANY Stacey J. Garvin Attorney in Fact DIM in Fact Ii 11111111111111111111111111111111111111111111111111111111111111 11111111111111111111111 RtCORDtD 11/26'-2008 AT 10::58 AM RtCII 1:549243 BKII 1133 PGII 0970 STtVtN DALt DAVIS, CLtRK of SWttTWATtR COUNTY, WYPag. 3 of 6 3 Acknowlede:ements úOû458 STATE OF TEXAS ) ) ss. COUNTY OF HARRIS ) The foregoing instrument was acknowledged before me this ~9 'n, day of J ~ ' 2001. by Stacey J. Garvin, as attorney-in-fact for BP America Production Company, a Dela are corporati on. Witness my hand and official seal. My commission expires: 'i-t'ì-'2,{)/Q ",III'", ØL~ If?:X:;;~ CHARLES T. DAVIS, JR.~. \J.l~t~J MY COMMISSION EXPIRES _ ___ ·';:~t,·,¡'f.·.~~t~" Aprt119,2010 STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this 22nrl day of ~ 200 8" by J. Michael Schween, as agent and attorney-in-fact of EOG Resources, Inc., a Delaware corporation. Witness my hand and official seal. My commission expires: ð I /1 D /:2. 0/ ó . "JI\-'~ ì¡~ ¡"" U1l1t¡'I". ,.." l'I~ON1."'· ..." ~~. -.".""'''''"..'' ·n ~/~I",.. ~ ilrt ,,~ .... l ,.. ~~ ........" ,," - .... .j¡f...... .::. .' ,.1 _~'" - i .Þ"". "",j,,? '":" - ~ 'T"A I") ~ Ji' ~. : r:·\~O .. ~y ':;. ~ :. ::. t' ~~-\,::t., ,:' ;': ~ {,¡'1 \ f:JUÐ,-\C-lc &: -::'. '::~~ "'''..' 'f/tl L."';¡ }' . j/"\I.,:" I r.. ~!fI'~rt (j~~'~' ,i~ 1'.- r"'.f'"........ Q. .,\,' :K'" '. Ot~ eo\"" 1,,/ ~ - II~' , " ~:' 9 c '-[Y}o+ 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111 RECORDED 11/26/2008 AT 10:158 AM RECI! 11549243 BKI! 1133 PCI! 0971 STEVEN DALE DAVIS, CLERK of S~EET~ATER COUNTY, ~YPag. 4 of 6 4 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" 60&459 Lands in Frontier Formation Drilline: and Spacine: Unit approved bv the Wvomine: Oil & Gas Conservation Commission under Order 388-2004 and subiect to Communitization Ae:reement WYW-168983, effective Julv 15, 2005: Township 19 North, Range 112 West Section 24: E/2SE/4SW/4, W/2SW/4SE/4 Section 25: E/2NE/4NW/4, W/4NW/4NE/4 Consisting of 80.00 acres, more or less Lands Subiect to Communitization Ae:reement WYW-123543: Township 19 North. Range 112 West Section 24: All Lands Subiect to Bruff Unit Frontier Formation Participatine: 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 11111111/111111111111111111 11111 1111111111 11111 11111111111111111111111111111111111111 RECORDED 11/26/200e AT 10: ~e AM RECI! 1~49243 BKI! 1133 PCI! 0972 STEVEN DALE DAVIS, CLERK of S~EET~ATER COUNTY, ~YPa~. ~ of 6 5 EXHmIT "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 "LEASE" úOû460 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-Rl12W Sec 25: W/2, SE/4 Containing 480.00 acres, more or less Sweetwater County, Wyoming Unit Lease Tract # Number Lessor Le al Descri tion Bruff Unit Frontier Formation Participatin2: Area "A" Leases: 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 111111111111111/11111111111111111111111111111111111111/111111/ 111111111/ 1111111111111 RECORDED 11/26/2008 AT 10: S8 AM RECII 1S49243 BKII 1133 POll 0973 STEVEN DALE DAVIS, CLERK of S~EET~ATER COUNTY, ~YPa~. 6 of 6 6 ;~