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HomeMy WebLinkAbout958425RECEIVED 3110/2011_.at... PM RECEIVING 912415 c i5A ).5 BOOK: 763 PAGE: 559 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY WELLBORE ASSIGNMENT 000559 THIS WELLBORE ASSIGNMENT (the "Assignment dated effective 12:01 a.m. local time December 9, 2004 (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. 19.92088% of Assignor's total 55.218433% right, title and interest (11.00000% of 8 /8ths) in and to the wellbore for the Shute Creek 13 -04 WeII, located in the NWSW of Section 4, T22N, R112W, 6 P.M., Lincoln County, Wyoming, at a surface location 1,528 feet from the south line, and 1,282 feet from the west line of said Section 4, 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 (i) the Cow Hollow Unit (No. WYW- 109472X) and the Unit Operating Agreement for the Cow Hollow Unit Frontier Formation Participating Area "E (ii) the Operating Agreement for the Shute Creek 13 -04 well dated February 1, 2004, between Westport Oil Gas Company, LP, as operator for Drilling, Evaluation, Completion, and Plugging and Abandonment, and BP America Production Company, as Operator for Post Completion Operations, and Merit Partners, LP, Merit Energy Partners III LP, Merit Energy Partners D -III LP, EOG Resources, Inc., Cabot Oil Gas Corporation, Chevron U.S.A., Inc., CEI Bristol Acquisitions, LP, Chaparral Energy, Inc., Wexpro Company and Questar Exploration Production Company, as non operators, and (iii) any comm unitization agreement now or hereafter approved by the Bureau of Land Management applicable to the Wellbore, 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, T18N, R113W, Uinta County, Wyoming (the "Assigned Depths as is necessary to vest in Assignee ownership of 19.92088% of Assignor's total 55.218433% right, title and interest (11.00000% of 8 /8ths) in the Wellbore and the production therefrom, limited to the Assigned 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. 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 forever. 1 e041550 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 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. 2 EXECUTED on the dates contained in the acknowledgments of this Assignment, to be effective for all purposes as of the Effective Time. Shute Creek 13 -04 3 ASSIGNOR: BP AMERICA PRODUCTION COMPANY Debra Bacon Attorney in Fact 000561. Attor J. Michae A•ent an E: OURC e in Fact ASSIG EOG INC. OVA STATE OF TEXAS ss. COUNTY OF HARRIS The foregoing instrument was acknowledged before me this day of 2011 by Debra Bacon, as attorney -in -fact for BP America Production Company, a Delaware corporation. Witness my hand and official seal. My commission expires: 4 7P-06 i7 ee/4p� Shute Creek 13 -04 CHARLES T. DAVIS, JR. MY COMMISSION EXPIRES April 19, 2014 STATE OF COLOLRADO ss. CITY AND COUNTY OF DENVER My commission expires: Acknowledgements Witness my hand and official seal. a t i 3Jot ei 4 Charles T. Davis, Jr. Co►5s2 "'CX The foregoing instrument was acknowledged before me this h Lday of 2011 by J. Michael Schween, as agent and attorney -in -fact of EOG Resources, Inc., a Delaware corporation. U- r CV t Unit Gross BP Lease Tract Lease Number Lessor Legal Description Acres Number 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 Tract 17 USA W- 0320185 "LANDS" e©c5S3 Drilling and Spacing Unit approved by the Wvominq Oil Gas Conservation Commission under Order 633 -2003 Lincoln County Township 22 North, Range 112 West Wvominq Section 4: SW Cow Hollow Unit Frontier Formation Participating Area "E" Lincoln County, Township 22 North, Range 112 West Wyoming: Section 4: SWSW Section 5: SW, W2SE, SESE Section 6: E2SE Section 7: E2NE, SESE Section 8: All Section 9: NW, NWSW Section 17: NWNE, N2NW Section 18: NENE "LEASES" Cow Hollow Unit Frontier Formation Participating Area "E" Tract 1 USA W -05923 USA Township 22 North, Range 112 West 40.00 L- 674862 Sec 9: NWSW Tract 6 USA W- 0310648 USA Township 22 North, Range 112 West 40.00 L- 660596 Sec 6: NESE Tract 10 USA W- 0311099 -A USA Township 22 North, Range 112 West 120.00 L- 669737 Sec 9: N2NW, SWNW USA Township 22 North, Range 112 West 920.00 L- 669738 Sec 5: S2S2 Sec 8: All Sec 17: NWNE, N2NW Tract 19 USA W- 0320186 USA Township 22 North, Range 112 West 40.00 L- 608711 Sec 6: SESE 5