HomeMy WebLinkAbout952445AFTER FILING RETURN TO
LONESOME DOVE PETROLEUM CO.
CIO JOANNE E. BOZZUTO, SUCCESSOR RECEIVER
Tom Brown, Brown White Newhouse LLP
333 S. Hope Street 40th floor
Los Angeles, CA 90071
Lincoln County, Wyoming
ASSIGNMENT AND CONVEYANCE
RECEIVED 3/9/2010 at 2:57 PM
RECEIVING 952445
BOOK: 743 PAGE: 541
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
This Assignment and Conveyance is executed and delivered by William M.
Lansdale (the "Assignor to Lonesome Dove Petroleum Co., A Texas Corporation
Joanne E. Bozzuto Receiver( "Assignee
Assignor, for valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, and pursuant to ORDER FOR TURNOVER AND OTHER EQUITABLE
RELIEF, DATED October 5, 2009, entered by the District Court of the Virgin Islands,
Division of St. Thomas and St. John, Civil No. 1992 -0079, PETITION FOR
EQUITABLE RELIEF AND APPOINTMENT OF RECEIVER UNDER INTERNAL
REVENUE CODE Secs. 7401 et seq., styled EDWARD E. THOMAS, DIRECTOR,
VIERGIN ISLANDS BUREAU OF INTERAN REVENUE, Petitioner, v. LONESOME
DOVE PETROLUEM CO., a Texas Corporation, MARINA PACIFICA OIL
COMPANY, a California Corporation, (a copy of such Order for Turnover is attached
hereto as Exhibit "B" and incorporated herein for all purposes) does by these presents
GRANT, BARGAIN, SELL, CONVEY, ASSIGN, TRANSFER, SET OVER and
DELIVER unto Assignee all, rights titles and interests of Assignor in all mineral
interests, including all interests in each Department of Interior Bureau of Land
Management Lease whether limited by the property description or not, set forth in
Exhibit "A" in and to the following properties:
SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN
FOR ALL PURPOSES.
A. The interests described in Exhibit "A" attached hereto and any rights that arise by
operation of law or otherwise in all interests including but not limited to all mineral
interests, royalty interests, overriding royalty interest, leasehold interest, working interest,
and lands pooled, unitized, communitized or consolidated with such interests are assigned
and conveyed to Assignee.
B. The mineral interests described in Exhibit "A" are granted, bargained, sold,
conveyed, assigned, set over, and delivered to Assignee subject to all out standing oil and
gas leases covering such interests.
C. All oil, condensate or natural gas wells, water source wells, and water and other
types of injection wells either located on such interests or held for use in connection with
such interests.
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D. All severed crude oil, natural gas, casinghead gas, drip gasoline, natural gasoline,
petroleum, natural gas liquids, condensate, products, liquids and other hydrocarbons and
other minerals or materials of every kind and description produced from such interests
and either (a) in storage tanks on the Effective Date or (b) sold on or after the Effective
Date.
E. All proceeds from the sale of all severed crude oil, natural gas, casinghead gas,
drip gasoline, natural gasoline, petroleum, natural gas liquids, condensate, products,
liquids and other hydrocarbons and other minerals or materials of every kind and
description produced from such interests and either (a) in storage tanks on the Effective
Date or (b) sold on or after the Effective Date.
F. All leases, easements, privileges, right -of -way agreements, licenses or other
agreements relating to the use or ownership of such interests and structures that are used
or held for use in connection with the exploration and production of substances from such
interests.
G. All physical facilities or interests therein, equipment and fixtures of every type
and description to the extent that the same are used or held for use in connection with the
ownership or operation of such interests described in Exhibit "A."
H. All contracts, commitments, agreements and arrangements that in any way relate
to the interests described in Exhibit "A and any and all amendments, ratifications or
extensions of the foregoing.
I. All franchises, licenses, permits, approvals, consents, certificates and other
authorizations and other rights granted by governmental authorities and all certificates of
convenience or necessity, immunities, privileges, grants and other rights, that relate to
such interests or the ownership or operation of any thereof.
J. Without limiting the foregoing, all interests, lands and leases, whether now owned
by Assignor or hereafter acquired by operation of law or otherwise that relate to such
interests are intended to be assigned and conveyed herein
TO HAVE AND TO HOLD all and singular the interests described herein,
together with all rights, titles, interests, estates, remedies, powers and privileges thereunto
appertaining unto Assignee and his respective successors, legal representatives and
assigns forever. Assignor hereby binds himself, his successors, legal representatives and
assigns, to warrant and forever defend the interests described herein unto Assignee, its
respective successors, legal representatives and assigns, against every person
whomsoever lawfully claiming or to claim the same or any part thereof.
This Assignment and Conveyance is made with full substitution and subrogation
of Assignee in and to all covenants and warranties by others heretofore given or made in
respect of the interests described herein or any part thereof.
IN WITNESS WHEREOF, the parties hereto have caused this Assignment and
Conveyance to be duly executed on this, the day of IJJLVV6 009. This
00u543
Assignment shall be effective at 7:00 a.m. (in the locale where the interests described
herein are located) on November 15, 1989, (the "Effective Date
Address of Assignor:
William M. Lansdale, Individually
P. O. Box 27
Seal Beach, California 90740 -0027
ACKNOWLEDGMENT (Lincoln County, Wyoming)
ASSIGNOR:
William M. Lansdale, Individually
State of California
County of Orange
The foregoing strument was ackno edged before me this
.y William M. Lan ale, signer of this instrument,
who duly acknowledged to me t he is authorize d to execute the same.
Ai2j_ alta
Notary Public
Printed Nam
Commissi► Expires:
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CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
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State of California
County of LOG Allselse
On NowiliY✓ 20,47A before me,
Cate
personally appeared
SANDRA J. ROBINSON
Commission 1690404
Notary Public California t
Los Angeles County f
My Comm. Expires Aug 28, 2010
Place Notary Seal Abave
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
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C. Partner 0 Limited C General
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Signer is Representing;_
RIGI+TTHUMEIPRINT
°FEIGNER
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who proved to me on the basis of satisfactory evidence to
be the person(21 whose name is/afe- subscribed to the
within instrument and acknowledged to me that
he /cec /tlrcy executed the same in his /fir authorized
capacity(iesl, and that by his/heFei signature(') on the
instrument the person,(z), or the entity upon behalf of
which the person(4 acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature
OPTIONAL
Nameveof Signeggr
Description of Attached Document
A 0.44 0.44 /J Title or Type of Document: 65 l i) V1 T CO O JVV 11
Document' Date: 1'V OVe- k7Y /09‘i Number of Pages: 3
Se,
Signer's Name:
Individual
Corporate Officer Titie(s):
Partner Limited 0 General
Ci Attorney in Fact
Trustee
Guardian or Conservator
0 Other:
Signer Is _Representing.
Here Insert Name and Title at the Officer
Wp lam M Ivam6b -l&
Signature of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
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°FEIGNER
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Case: 3:92 -cv- 00079- RLF -GWB Document 436 Filed: 10/05/2009 Page 1 of 10
eiO4,2550
IN THE DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. THOMAS AND ST. JOHN
THE GOVERNMENT OF THE VIRGIN
ISLANDS, BUREAU OF INTERNAL
REVENUE,
Plaintiffs,
v.
WILLIAM M. LANSDALE, MARIANTHI
LANSDALE, LA ISLA VIRGEN, INC.,
MARINA PACIFICA OIL COMPANY,
INC., AND LONESOME DOVE
PETROLEUM COMPANY,
Defendants.
EDWARD E. THOMAS, DIRECTOR,
VIRGIN ISLANDS BUREAU OF
INTERNAL REVENUE,
Petitioner,
v.
LONESOME DOVE PETROLEUM CO.,
and MARINA PACIFICA OIL COMPANY,
Respondents
EXHIBIT "B"
CIVIL NO. 2001/0157
CIVIL NO. 1992/0079
ORDER
THIS MATTER comes before the Court on the Receiver's Motion for Asset Turnover
and other Equitable Relief. Joanne E. Bozzuto, Third Successor Receiver of Lonesome Dove
Petroleum Co. [hereinafter "Lonesome Dove and its predecessor corporations asks the Court to
issue an order that gives Lonesome Dove title to all former Arlyne Lansdale oil, gas and mineral
interests, with the sole exception of five properties reacquired by William Lansdale from Marina
Pacifica Oil Company [hereinafter "Marina Pacifica
For the reasons stated in the accompanying Memorandum Opinion, it is hereby
ORDERED that the Motion for Asset Turnover and other Equitable Relief is
Case: 3:92 -cv- 00079- RLF -GWB Document 436 Filed: 10/05/2009 Page 2 of 10
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e a u55 1.
GRANTED;
that within 30 days of this Order, William and Marianthi Lansdale [hereinafter "the
Lansdales" J file a detailed, written, sworn, and signed, accounting of all oil, gas, and
mineral income from the interests describe in Exhibit A to this Order from September
1992 through the present;
that within 30 days of this Order, the Lansdales, jointly and severally, and all other
shareholders of Lonesome Dove, and their agents, attorneys, and employees and all those
in active concert or participation with them or who receive notice of this Order pay,
account for and return to the Receiver all income derived from the oil, gas and mineral
interests described in Exhibit A to this Order.
that within 14 days of this Order, William Lansdale transfer and convey all legal and
equitable title in the oil, gas and mineral interests in Exhibit A to Lonesome Dove;
that Joanne E. Bozzutto is reappointed receiver of Lonesome Dove, and all its assets,
wherever located, with the full powers of equity receiver as set forth in the Court's
September 15, 1992 Order and a copy of this Order shall be recorded by the Receiver in
each county in each state in which the properties referenced in Exhibit A to this Order are
located;
that the Lansdales reimburse the receivership for all costs, receiver and attorney fees
incurred in bringing this motion before the Court, that they have not already paid; and
that within 60 days, the Receiver detail such costs, receiver and attorney fees, and file an
appropriate proposed Order.
Case: 3:92 -cv- 00079- RLF -GWB Document 436 Filed: 10/05/2009 Page 3 of 10
ENTER:
DATE: October 5, 2009 /s/
RAYMOND L. FINCH
SENIOR DISTRICT JUDGE
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