HomeMy WebLinkAbout953678WELLBORE ASSIGNMENT
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THIS WELLBORE ASSIGNMENT (the "Assignment dated effective 12:01 a.m. local time May
2, 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 Uinta County, Wyoming (the "Wellbore
Interests
1. Seventy percent (70 of Assignor's total 50.000000% right, title and interest
(35.000000% of 8 /8ths in and to the wellbore for the Kobus 645 -15E Well, located in the SW /4NW /4 of
Section 15, T18N, R112W, 6 P.M., Uinta County, Wyoming, at a surface location 2,600 feet from the
north line, and 461 feet from the west line of said Section 15, and all associated equipment and personal
property (the "Wellbore from the surface of the earth to 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, T18N, R113W, Uinta County, Wyoming (the "Frontier
Depths 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:
(i)
the Operating Agreement dated December 5, 2007, between EOG Resources, Inc.,
Operator for Drilling, Evaluation, Completion and Plugging and Abandonment, BP
America Production Company, Operator for Post Completion, and, Anadarko E &P
Company LP, Kerr -McGee Oil Gas Onshore, LP, Wexpro Company and Questar
Exploration Production Company, as non operators,
(ii) the Operating Agreement dated November 1, 1981, between Amoco Production
Company, as operator, Mountain Fuel Supply, and Champlin Petroleum Company, as
non operator,
(iii) Communitization Agreement WYW- 114112 effective November 1, 1981,
as is necessary to vest in Assignee ownership of seventy percent (70 of Assignor's s total 50.000000%
right, title and interest (35.000000% of 8 /8ths) right, title and interest in the Frontier formation in the
Wellbore and the production therefrom, limited to the Frontier Depths. In the event of any conflict
between the terms of this Assignment and Exhibit A to the Operating Agreements referenced above, the
terms of this Assignment shall prevail.
2. 45.937489% of Assignor's total 44.444430% right, title and interest (20.416655% of
8 /8ths) in and to the Wellbore from the base of the Frontier formation, as defined above, to 100 feet below
the base of the 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 feet measured depth in the BP
America Production Company CHAMPLIN 186 I #2 (API No. 4904120840), located in Section 13, T18N,
R113W, Uinta County, Wyoming (the "Dakota Depths together with such interest of the Assignor
derived from the Leases, insofar and only insofar as the Leases cover the Dakota Depths and the Lands
under:
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RECEIVED 5/26/2010 at 4:28 PM
RECEIVING 953678
BOOK: 748 PAGE: 80
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
forever.
(1)
the Operating Agreement dated December 5, 2007, between EOG Resources, Inc.,
Operator for Drilling, Evaluation, Completion and Plugging and Abandonment, BP
America Production Company, Operator for Post Completion, and, Anadarko E &P
Company LP, Kerr -McGee Oil Gas Onshore, LP, Wexpro Company and Questar
Exploration Production Company, as non operators,
(ii) the Operating Agreement dated November 1, 1981, between Amoco Production
Company, as operator, Mountain Fuel Supply, and Champlin Petroleum Company, as
non operator,
(iii) Communitization Agreement WYW- 129903 effective February 24, 1992,
(iv) Communitization Agreement WYW- 178562 effective May 1, 2008,
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as is necessary to vest in Assignee ownership of 45.937489% of Assignor's total 44.444430% right, title
and interest (20.416655% of 8 /8ths) in the Dakota formation in the Wellbore and the production
therefrom, limited to the Dakota Depths. In the event of any conflict between the terms of this
Assignment and Exhibit A to the Operating Agreements referenced above, the terms of this Assignment
shall prevail.
3. 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.
4. 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 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
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
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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`Assig"nor 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.
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.
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ASSIGNOR:
BP AMERICA i DUCTION COMPANY efi
Stacey J. Garvin
Attorney in Fact
ent an Attorne in Fact
ASSIGN
EOG R
J. Michae
A
NC.
e0:082
STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on this 28 day of January 2010, by
Stacey J. Garvin, as Attorney -in -Fact of BP America Production Company, a Delaware
corporation, for and on behalf of said corporation.
CHARLES T. DAVIS, JR.
*i •+C MY COMMISSION EXPIRES
April 19, 2010
STATE OF COLORADO
CITY AND COUNTY OF DENVER
Acknowledgements
The foregoing instument was acknowledged before me this /7 day of )7 201c),
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: 2 43
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Notary Public
EOG Assignment Korbus 645 -15E Well
January 28, 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"
Lands in Frontier Formation Drilling and Spacing Unit approved by the Wyoming Oil Gas
Conservation Commission under Order 185 -2005:
Township 18 North, Range 112 West
Section 15: All
Consisting of 640.00 acres, more or less
Lands subject to Frontier Formation Communitization Agreement WYW- 114112, effective
November 1, 1981:
Township 18 North, Range 112 West
Section 15: All
Consisting of 640.00 acres, more or less
Lands subject to Dakota Formation Communitization Agreement WYW- 129903, effective February
24, 1992:
Township 18 North, Range 112 West
Section 15: All
Consisting of 640.00 acres, more or Tess
Lands in Dakota Formation Drilling and Spacing Unit approved by the Wyoming Oil Gas
Conservation Commission under Order 40 -2008 and Subject to Communitization Agreement
WYW- 178562, effective May 1, 2008:
Township 18 North, Range 112 West
Section 15: SW /4NW /4, NW /4SW /4
Section 16: SE /4NE /4, NE /4SE /4
Consisting of 160.00 acres, more or less
"LEASES"
BP Lease Number: 617357
Lessor: Champlin Petroleum Company
Lessee: Amoco Production Company
Recording: Book 332, Page 310
Lease Date: December 30, 1976
County: Uinta
State: Wyoming
Legal Description: T18N -R112W
Section 15: W /2, SE /4
Uinta County, Wyoming
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