HomeMy WebLinkAbout870970WHEN RECORDED, RETURN TO:
Stephan E. Case, Senior Landman BOOK 4 PR PAG16 5 5 RECEIVED
Dominion Exploration Production, Inc. L I N C C_ N COUNTY C L E R K
Four Greenspoint Plaza
16945 Northchase Drive, Suite 1750 8 7 0 9 7 0 01 AN 29 fu 9: 1 4
Houston, TX 77060 -2133
This Stipulation and Cross Conveyance is made and entered into as of
December 28, 1997 (the "Effective Date by and between TEXACO
EXPLORATION AND PRODUCTION INC., P.O. Box 2100, Denver, Colorado
80237 "TEPI DOMINION EXPLORATION PRODUCTION, INC., successor
by name change to CNG Producing Company "CNG Four Greenspoint Plaza,
16945 Northchase Drive, Suite 1750, Houston, Texas 77060 -2133 "Dominion
WALTER K. ARBUCKLE, Trustee of the Walter K. Arbuckle Trust dated
March 28, 1984, 633 Seventeenth St., Suite 1650, Denver, Colorado 80202 (the
"Arbuckle Trust GASCONADE OIL COMPANY, 633 Seventeenth Street., Suite
1650, Denver, Colorado 80202 "Gasconade ELLIOTT A. RIGGS, P.O. Box 711,
Farmington, New Mexico 87499 -0711 "Riggs RIGGS OIL GAS
CORPORATION, P.O. Box 711, Farmington, New Mexico 87499 -0711 "ROGC
and ROY H. DUBITZKY, Trustee of the Roy 11. Dubitzky Trust dated June 28,
1986, 6663 South Prescott Way, Littleton, Colorado_80120 (the "Dubitzky Trust
(hereinafter collectively the "Parties
JEANNE WAGNER
GNER
STIPULATION AND CROSS- CONVEYANCEmERER, WYOMING
RECITALS
WHEREAS, as of July 1, 1990, CNG owned 100% record title to, and 100% of
all associated operating rights in, United States Oil Gas Lease WYW- 103526 (the
"Lease which covers the following Lincoln County, Wyoming lands:
Township 23 North, Range 113 West, 6 P.M.
Section 13: Lots 1, 2, 3 and 4, W' /aNE 1 /a N 1 NW' /a
SE /4NW /a
Section 23: Lot 1, E1/2, E 1 W 1 /a SW 1 /4 NW 1 /4 W 1 SW 1 /4
(containing 1,019.53 acres, more or less),
subject to a pre- existing 5% overriding royalty interest currently owned by persons
other than the Parties (the "Pre- Existing 5% ORR and
WHEREAS, by Assignment of Overriding Royalty dated June 10, 1991, filed
with the Bureau of Land Management "BLM on September 3, 1991, and recorded in
96.c
0870'70
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Book 300, Page 487, CNG conveyed a 3% overriding royalty interest in the Lease and
all lands covered thereby to the Arbuckle Trust (1 Riggs (1 and the Dubitzky
Trust (1 (the "3% ORR Assignment and
WHEREAS, all parties herein, excepting TEPI entered into an unrecorded letter
agreement dated March 15, 1994, called the Southwestern Wyoming Revised
CNG /Fossil Agreement, which this Stipulation and Cross Conveyance is subject to, and
WHEREAS, by Assignment of Overriding Royalty dated June 1, 1994, not on
file with the BLM, but recorded in Book 354, Page 698, CNG conveyed a 5%
overriding royalty interest in the Lease and all lands covered thereby to Gasconade
(1.666667%), the Dubitzky Trust (1.666667%) and ROCG (1.666666%) (the "5%
ORR Assignment and
WHEREAS, CNG, the Arbuckle Trust, Riggs and the Dubitzky Trust all
believed, understood and intended that the 5% ORR Assignment would supercede and
be in lieu of the 3% ORR Assignment but no documentation reflecting that intent
appears either in the BLM or Lincoln County records; and
WHEREAS, pursuant to a Farmout Agreement dated August 1, 1995, as
amended, by and between CNG and Marathon Oil Company "Marathon (the
"Farmout Agreement Marathon drilled the Rimrock #12 -13 well and earned 100%
of CNG's operating rights in the lease insofar and only insofar as it covers the
following lands:
Township 23 North, Range 113 West, 6th P.M.
Section 13: Lots 1 and 2, W 1 NE 1 /4 [NE 1 /a
from the surface to the stratigraphic
equivalent of 100 feet below the total depth
of 10,945 feet, as encountered in the
Rimrock #12 -13 well
(the Farmout Lands subject to the reservation by CNG of a 2.5% overriding royalty
interest convertible upon "payout" (as defined in the Farmout Agreement) of the
Rimrock #12 -13 well to 30% of the operating rights in the Farmout Lands. By
Transfer of Operating Rights approved by the BLM effective June 1, 1998 and by
Partial Assignment of Oil and Gas Lease, executed on December 12, 1997, but
effective June 12,1997, recorded in Book 406 at Page 640, CNG conveyed to Marathon
the rights earned under the Farmout Agreement; and
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657
WHEREAS, By Assignments of Overriding Royalty Interest dated April 22,
1997, filed with the BLM on June 2, 1997, the Arbuckle Trust, Riggs and the Dubitzky
Trust each conveyed a 0.5% overriding royalty interest in the Lease and all lands
covered thereby to CNG; and
WHEREAS, by Transfer of Operating Rights approved by the BLM effective
May 1, 2000, Marathon assigned all its interest in the Lease insofar as it covers the
Farmout Lands to TEPI; and
WHEREAS, effective April 12, 2000, CNG changed its name to Dominion; and
WHEREAS, the Rimrock #12 -13 well achieved "payout" effective
December 27, 1997 and CNG made a timely election to convert its 2.5% overriding
royalty interest to 30 of the operating rights in the Lease insofar as it covers the
Farmout Lands effective December 28, 1997. However, no confirmatory assignment
was made until, by Transfer of Operating Rights executed August 16, 2000, TEPI
assigned the back -in operating rights to Dominion; and
WHEREAS, Dominion desires to transfer a portion of the back -in operating
rights acquired from TEPI to Gasconade, Riggs and the Dubitzky Trust; and
WHEREAS, the BLM and Lincoln County records do not currently reflect the
intended ownership of the Parties in the Lease, which the Parties desire hereby to
rectify.
STIPULATION AND CROSS CONVEYANCE
NOW, THEREFORE, in consideration of the covenants herein set forth, and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties hereby stipulate and agree as follows:
1. Dominion owns 100 record title to the Lease;
2. Operating Rights in the Lease insofar and only insofar as it covers the
Fariiiout Lands are owned as follows:
TEPI 70%
Dominion 15
Gasconade 5%
Riggs 5%
The Dubitzky Trust 5%
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All other operating rights in the Lease are owned by Dominion. All operating rights
owners bear their proportionate share of the Pre Existing 5% ORR;
3. Gasconade owns a 1.166667% overriding royalty interest, the Dubitzky
Trust owns a 1.166667 overriding royalty interest, and Riggs owns a 1.166666
overriding royalty interest in the Lease insofar and only insofar as it covers the
Farmout Lands, which solely burden TEPI, proportionately reduced to TEPI's working
interest.
4. Gasconade owns a 1.666667 overriding royalty interest, the Dubitzky
Trust owns a 1.666667% overriding royalty interest, and Riggs owns a 1.666666%
overriding royalty interest in the Lease and all lands covered thereby except the
Farmout Lands, which solely burden Dominion; and
5. All other overriding royalty interests except those detailed in paragraphs
3. and 4. above, owned by the Parties and affecting the Lease and lands covered
thereby are deemed merged, extinguished and /or terminated, and of no further force
and effect.
The Parties hereby quit claim and cross convey their interests, without warranty,
to effectuate the ownership set forth above. However, any reference to rights or
interests of third parties (persons or entities other than the Parties) is for informational
purposes only and shall not be deemed to ratify or create any rights in said third
parties.
Except as to the operating agreement attached thereto, TEPI and Dominion agree
that the Farmout Agreement covering the Farmout Lands and other lands described in
the Farmout Agreement has terminated and is no longer in effect; the rights thereunder
having been earned or otherwise agreed upon and reflected herein.
The Parties agree to execute any and all additional documents, including but not
limited to BLM form assignments or transfers required under applicable law and
regulation, to confirm their respective rights, title and interest set forth herein. Any
such assignments and transfers, however, are to be executed in accordance herewith
and not be construed to assign or transfer any additional interests.
This Stipulation and Cross Conveyance may be executed in any number of
counterparts, and each such counterpart hereof shall be deemed to be an original
instrument, but all such counterparts together shall constitute for all purposes one
Stipulation and Cross Conveyance.
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0870'3
Dated this 1/ day of Dece b" ,r2 2000, but effective for all
purposes as of the Effective Date first set forth above.
By:
Its:
STATE OF COLORADO
CITY COUNTY OF DENVER
My Commission Expires:
/1 /Ja.0oa-
Dec em bT ne forgoing instrument was acknowledged before me this day of
l�Ieueaer, 2000, by A. ;T DA u i s the attorney -in -fact for Texaco
Exploration and Production Inc., a Delaware corporation.
Witness my hand and official seal.
TEXACO EXPLORATION AND PRODUCTION INC.
Notary Public
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.''.AUFiEEN SUE KERN
MY COMMISSION EXPIRES
JANUARY 11, 2002
666
5
0
Dated this day of I 1,0
purposes as of the Effective Date first set forth above.
STATE OF TEXAS
COUNTY OF HARRIS
JENNIFER B. PICHE
NOTARY MC STATE OF TE1*$
COMMON EUIREI:
AUGUST 21, 2004
DOMINION EXPLORATION PRODUCTION, INC.
By:
Its:
atevteme-
MO.
Donna J. a�Ile
660
2000, but effective for all
Agent wind Atior¢iepin -Fae¢
BE IT REMEMBERED that the undersigned, a Notary Public duly qualified,
commissioned, sworn and acting in and for the County and State aforesaid, hereby
certifies that, on this day of November, 2000, there appeared before me
Donna J. Mullen, as the Agent and Attorney -in -Fact of DOMINION
EXPLORATION PRODUCTION, INC, a Delaware corporation, who is
personally known to me, and that this instrument was acknowledged before me on this
date by the aforementioned person as such officer of said corporations, on behalf of
said corporations.
In witness whereof, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
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ary Pu ic, State of Texas
6
O870 6 6
Dated this day of D,P oM) 2000, but effective for all
purposes as of the Effective Date first set forth above.
STATE OF COLORADO
CITY COUNTY OF DENVER
On the "�?A day of 2000, personally appeared before me,
WALTER K. ARBUCKLE who, being by me duly sworn, did say that he is the
Trustee of the Walter K. Arbuckle Trust dated March 28, 1984, and that said
instrument was signed in behalf of said Trust, and acknowledged to me that said Trust
executed the same.
Witness my hand and official seal.
My Commission Expires:
/4 /o'/
WALTER K. ARBUCKLE, Trustee of the Walter K.
Arbuckle Trust dated March 28, 1984
(Notary Public
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087 662
Dated this !o= day of NGP/�1 2000, but effective for all
purposes as of the Effective Date first set forth above.
STATE OF COLORADO
My Commission Expires:
/o ff
GASCONADE OIL COMPANY
0
By: r Qata-
Its:
CITY COUNTY OF DENVER
On the a day of, t.r ,Ez 1.- 2000, personally appeared before me,
Cam' L «ry /e e c who, being by me duly sworn, did say that
[he][Tikti is the f 3eE.5 A Z,,17 of Gasconade Oil Company and that
said instrument was signed in behalf of said corporation by authority of a resolution of
its Board of Directors and said jj L.c-K (c acknowledged to
me that said corporation executed the same.
Witness my hand and official seal.
Notary Public
Wow
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08709
`Y
Dated this day of Ne.2,.r j 2000, but effective for all
purposes as of the Effective Date fir orth above.
lam- ci -67 /L CD
STATE OF NEAEMEXIIGO
COUNTY OF E� ✓c;
Witness my hand and official seal.
My Commission Expires:
On the ,4 A day of 2000, personally appeared before me,
ELLIOTT A. RIGGS, who, being by me duly sworn, did say that he executed said
instrument.
fary Public
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663
9
0870 '970
Dated this V i d day of
purposes as of the Effective Date first set forth above.
B
Its:
STATE OF O
664
2000, but effective for all
TION
COUNTY OF DE.✓veA
On the D. -day of =Ct i is e 2000, personally appeared before me,
r ,E s who, being by me duly sworn, did say that
[he][] is the of Riggs Oil Gas Corporation and
that said instrument was signed in behalf of said corporation by authority of a resolution
of its Board of Directors and said ,e c acknowledged
to me that said corporation executed the same.
Witness my hand and official seal.
My Commission Expires:
tary Public
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0870;i70
purposes as of the Effective Date first set forth above.
STATE OF COLORADO
CITY COUNTY OF DENVER
On the if t- day of ,aFc .a,n gi 2000, personally appeared before me,
ROY H. DUBITZKY who, being by me duly sworn, did say that he is the Trustee of
the Roy H. Dubitzky Trust dated June 28, 1986, and that said instrument was signed in
behalf of said Trust, and acknowledged to me that said Trust executed the same.
My Commission Expires: rdotary Public
Dated this r
/4' day of
Witness my hand and official seal.
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665
2000, but effective for all
ROY H. DUBITZKV, rustee of tI "Roy H. I ubitzky
Trust dated June 28, 1986
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