HomeMy WebLinkAbout950585ASSIGNMENT OF OVERRIDING ROYALTY INTERESTS
This ASSIGNMENT OF OVERRIDING ROYALTY INTERESTS "Assignment
shall be effective September 1, 2009, at 12:01 a.m. local time in the jurisdiction in which the
Property is located "Effective Time and Date from Andex Resources, L.LC., a Texas
Limited Liability Company "Assignor 700 Louisiana, Suite 1100, Houston, TX 77002, to
Front Range Energy Investors LLC, a Colorado Limited Liability Company, of 324 Garden
Street, Golden CO 80403, and FREILLC -II, a Colorado Limited Liability Company, of 324
Garden Street, Golden CO 80403, in the percentages detailed below, hereinafter referred to
collectively as "Assignee
Front Range Energy Investors LLC 23.3%
FREILLC -II 76.7%
WITNESSETH:
RECEIVED 11/17/2009 at 10:07 AM
RECEIVING 950585
BOOK: 736 PAGE: 87
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
C CP087
WHEREAS, Assignor has agreed to sell and Assignee has agreed to purchase all
of Assignor's overriding royalty interests in the production of oil, gas and other
hydrocarbons in the Wyoming counties of Carbon, Campbell, Converse, Crook, Johnson,
Lincoln, Sweetwater and Uinta, in the Utah counties of Duchesne, Grand and Uintah, and
in the Colorado counties of Rio Blanco and Moffat to the extent that such overriding
royalties are not convertible into working interests under the terms of any existing joint
operating or farmout agreement;
WHEREAS, the parties have attempted to identify on Exhibit "A attached
hereto and incorporated herein, all of such nonconvertible overriding royalties on a
county -by- county basis with separate counterparts of this Assignment to be executed for
each such county;
WHEREAS, the parties desire to evidence the conveyance of Assignor's
nonconvertible overriding royalties by Assignor to Assignee;
NOW, THEREFORE, FOR AND IN CONSIDERATION of Ten Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, Assignor does hereby GRANT, CONVEY, TRANSFER, ASSIGN, and SET
OVER unto Assignee:
(a) All of Assignor's overriding royalty interest in the production of oil,
gas, coal bed methane and other hydrocarbons produced from or attributable to each of
the oil and gas leases described on Exhibit "A" (together with any renewal, extension or
segregation lease derived therefrom) as to all of the lands covered thereby, including,
without limitation, any interests which may be larger than the percentage interests shown
on said exhibit and any lands which may not be shown thereon; and
(b) All of Assignor's overriding royalty interest in the production of oil,
gas, coal bed methane and other hydrocarbons produced from or attributable to any oil
Assignment of ORRI from Andex Resources LLC to Page 1 of 5
Front Range Energy Investors LLC and FREILLC -II dated 11/12/09
and gas lease (together with any renewal, extension or segregation lease derived
therefrom) which is not described on Exhibit "A" to the extent that each such lease
covers lands located in the county described on said Exhibit; provided, however, that
Assignor excepts and reserves from the property described in this subparagraph (b)
any overriding royalty that is or may become convertible to an oil and gas leasehold
working interest under the terms of any farmout or joint operating agreement
which is in effect on the effective date of this Assignment.
TO HAVE AND TO HOLD the Overriding Royalty Interests herein assigned and
conveyed unto the Assignee, its successors and assigns, FOREVER, together with all rights
appurtenant thereto, including, without limitation, all rights under any gas balancing, pooling,
communitization or unit agreement, subject only to the following terms and provisions:
1. The Overriding Royalty Interests herein assigned are subject to all of the
terms and provisions of the instruments of record creating the interests owned by the
Assignor and to the terms of any Unit or Communitization Agreement ratified by
Assignor prior to the execution of this Assignment.
2. Assignor does hereby covenant for the benefit of Assignee, its successors and
assigns, to warrant and defend title to the interests conveyed herein to the extent of the interests
shown on Exhibit "A" as against the claims of all parties claiming by, through or under Assignor,
but not otherwise.
3. Regardless of the check date, Assignor shall be entitled to all revenues
attributable to each of the overriding royalty interests herein conveyed which may be held in
suspense or otherwise that relate to production or other events that occurred before September 1,
2009 at 12:01 a.m. local time at the wellhead, but not thereafter. Assignee shall be entitled to all
revenues attributable to each of the overriding royalty interests herein conveyed associated with
production or other events that occurred on or after said Effective Time and Date.
4. Each of the parties named herein as "Assignee" hereby certifies pursuant to
Regulation 43 CFR 3102.5 that it is qualified to hold the overriding royalty interests herein
conveyed under the Mineral Leasing Act of 1920, as amended (30 USC 181 et seq, the "Act
and all other applicable laws and regulations and that its holdings in oil and gas leases issued by
the United States of America after taking the interests conveyed herein into account will not
exceed the acreage limitations prescribed in the Act, Reg. 43 CFR 3101.02 and all other
applicable regulations.
5. Assignor and each of the parties named herein as Assignee shall execute,
acknowledge and deliver (or cause to be executed, acknowledged and delivered) to each other
such additional instruments, including, without limitation, transfer orders or letters in lieu thereof
and, to the extent required by applicable regulations, conveyances of the interests herein
conveyed on such State and Bureau of Land Management Forms as may be prescribed, and shall
take such other and further actions and grant such further assurances as may be necessary to
effectuate the intent of the parties as set forth herein. This covenant shall be binding on the
parties hereto and their successors and assigns.
6. This instrument may be executed in multiple counterparts and shall be binding
when this instrument or an identical counterpart hereof has been executed by all parties named
herein.
Assignment of ORRI from Andex Resources LLC to Page 2 of 5
Front Range Energy Investors LLC and FREILLC -II dated 11/12/09
IN WITNESS WHEREOF, Assignor has executed and delivered this Assignment as of
the date indicated on the applicable signature line below to be effective for all purposes as of the
Effective Time and Date.
ASSIGNOR:
Andex Resources, L.L.C.
b..4/
Tom L. Dodds
President
Date: Qy'
ASSIGNEE:
Front Range Energy Investors LLC
By: ROCKY ROYALTIES LLC, Manager
of FRONT RANGE ENERGY
INVESTORS LLC
By: anr, xt 1rr`v
Name: Andrew M. Logan Manager
Date" /0 /i4
FREILLC -II
By:
Name: Andrew M. Logan Manager
Date" /41 /,2°,
.h0089
By: ROCKY ROYALTIES LLC, Manager
of FREILLC -II
Assignment of ORRI from Andex Resources LLC to Page 3 of 5
Front Range Energy Investors LLC and FREILLC -II dated 11/12/09
STATE OF TEXAS
COUNTY OF HARRIS
The foregoing instrument was acknowledged before me this ar/f day of November,
2009, by Tom L. Dodds as President of Andex Resources, L.L.C., a Texas limited liability
company.
Witness my hand and official seal.
My commission expires:
LOUISE R WONZER
My Commission Expires
June 15, 2012
STATE OF COLORADO
COUNTY OF JEFFERSON
The foregoing instrument was acknowledged before
2009, by Andrew M. Logan, Manager of Rocky Royalties
company, in its capacity as Manager of Front Range Ene ;y
liability company.
Witness my hand and official seal.
My commission expires:
ss.
ss.
OD
Notary Pub
me this (O day of November,
LLC, a Colorado limited liability
Investors LLC, ai' olorado limited
Assignment of ORRI from Andex Resources LLC to Page 4 of 5
Front Range Energy Investors LLC and FREILLC -II dated 11/12/09
STATE OF COLORADO
COUNTY OF JEFFERSON
Witness my hand and official seal.
My commission expires:
ss.
0u091
The foregoing instrument was acknowledged before me this /l J day of November,
2009, by Andrew M. Logan, Manager of Rocky Royalties LLC, a olorado limited liability
company, in its capacity as Manager of FREILLC -II, a Colora.;s limited liability company.
Assignment of ORRI from Andex Resources LLC to Page 5 of 5
Front Range Energy Investors LLC and FREILLC -II dated 11/12/09
LEASE NO.
PROSPECT
LEASE NAME
LEASE DATE
ORRI
GROSS
ACRES
STATE: WY
TWP
22N
WYW0309533B
COUNTY:
RGE
111W
07/01/64
LINCOLN COW HOLLOW UNIT
SEC DESCRIPTION:
30 LOT 8
0.005
43.90
STATE: WY
TWP
22N
WYW129157
COUNTY:
RGE
113W
06/01/93
LINCOLN
SEC DESCRIPTION:
3 LOTS 1, 2, S /2NE /4
FROM SURFACE DOWN TO 12,269'
3 SW /4
FROM SURFACE DOWN TO 12, 372'
0.01875
171.94
160.00
375.84
EXHIBIT "A"
to Assignment of Overriding Royalty Interests by and between Andex Resources L. L. C. (Assignor)
and Front Range Energy Investors LLC and FREILLC II (together Assignee) dated November 12, 2009
LINCOLN COUNTY, WYOMING
06)092
*END OF EXHIBIT "A" LINCOLN COUNTY, WY