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HomeMy WebLinkAbout953675WELLBORE ASSIGNMENT THIS WELLBORE ASSIGNMENT (the "Assignment dated effective 12:01 a.m. local time March 14, 2008 (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 Lincoln County, Wyoming (the "Welibore Interests 1. Seventy percent (70 of Assignor's right, title and interest in and to the wellbore for the Fabian Ditch 558 -27E Well, located in the NESW of Section 27, T19N, R112W, 6 P.M., Lincoln County, Wyoming, at a surface location 2,600 feet from the South line, and 2,600 feet from the West line of said Section 27, and all associated equipment and personal property (the "Welibore 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 Operating Agreement for the Bruff Field dated June 1, 1987, between Amoco Production Company, as operator, and Celsius Energy Company, successor in interest to Mountain Fuel Supply Company; Union Pacific Resources Company, successor in interest to Champlin Petroleum Company; Texaco, Inc.; and Conoco, Inc., as non operators, from the surface of the earth to 100 feet below the base of Dakota formation, defined as the base of the coarsening upward sequence as depicted by well log gamma ray curve occurring at a measured depth of 12,474 measured depth feet in the BP America Production Company CHAMPLIN 186 I #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 Welibore and the production therefrom, limited to the Assigned Depths, including specifically the interest that is attributable to Assignor in the Wellbore pursuant toas may be derived from the Operating Agreement for the Bruff Field dated June 1, 1987. 2. Rights in and to all existing and effective unitization, pooling agreements, and other contracts, agreements and instruments to the extent only affect the Welibore Interests. 3. Concurrent rights of ingress and egress to the Lands, and in agreements, rights -of -way, easements, surface leases and other surface rights connection with ownership or operation of the Leases and Lands. forever. 1 000067 and communitization that they relate to or and to surface use held by Assignor in TO HAVE AND TO HOLD the Wellbore Interests unto Assignee and its successors and assigns 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 RECEIVED 5/26/2010 at 4:15 PM RECEIVING 953675 BOOK: 748 PAGE: 67 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 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 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. 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. EOG Assignment Fabian Dit 8-27 Well 3, 2010 2 ASSIGNOR: BP AMERICA PO TION COMPANY Stace Attorne ASST EOG STATE OF TEXAS COUNTY OF HARRIS Y1, CHARLES T. DAVIS, JR. I MY COMMISSION EXPIRES April 10, 2010 STATE OF COLORADO CITY AND COUNTY OF DENVER Acknowledgements 000069 This instrument was acknowledged before me on this 23rd day of February 2010, by Stacey J. Garvin, as Attorney -in -Fact of BP America Production Company, a Delaware corporation, for and on behalf of said corporation. Witness my hand and official seal. My Commission expires: a /13 /cam V 3 The foregoing instument was acknowledged before me this 1 1 day of l')/\4 20 f 0 by J. Michael Schween, as agent and attorney -in -fact of EOG Resources, Inc. a Delaware corporation. EOG Assignment Fabian Ditch 558 -27E Well February 3, 2010 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" Frontier Formation Drilling and Spacing Unit approved by the Wyoming Oil Gas Conservation Commission under Order 325 -2005: Township 19 North, Range 112 West Section 27: All 010'70 Lands subject to Frontier Formation Communitization Agreement WYW- 109194, effective June 28, 1984: Township 19 North, Range 112 West Section 27: All Dakota Formation Drilling and Spacing Unit approved by the Wyoming Oil Gas Conservation Commission under Order 360 -2006: Township 19 North, Range 112 West Section 27: All Lands subject to Dakota Formation Communitization Agreement WYW- 132740, effective July 11, 1992: Township 19 North, Range 112 West Section 27: All "LEASE" BP Lease Number: 600148 Lessor: Champlin Petroleum Company Lessee: Amoco Production Company Lease Date: July 27, 1972 Recording: Book 102, Page 405 Lincoln County Book 517, Page 416 Sweetwater County State: Wyoming Legal Description: Township 19 North, Range 112 West Section 27: W /2W/2, W /2SE /4NW /4, E /2SW /4, NW /4SE /4, S /2SE /4 Containing 500.00 acres, more or less Lincoln and Sweetwater Counties, Wyoming 4