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HomeMy WebLinkAbout894066BOOK PR '.:'.:'..GE.__ 1 ? 8 RECE V£D OVEBR G ASSiGNmENT OF Ansghutz Exploration corporation, Suite 2400, 555 17th St~n~n ..... Colorado 80202, hereinafter called Assignor, for and in consideraton of t~'~,'~5i~,~ ~q~? Dollars ($10.00) cash n hand paid and other good and valuable consideration, the receipt'0f which is hereby acknowledged, does hereby grant, sell, bargain, convey, transfer, assign .and deliver unto the following named pa~ the interest set out opposite his name, of all oil and/or gas produced, saved and sold from the oil and gas leasehold estates, with respect to the oil and gas leases and lands described on Exhibit "A" a~ached hereto and made a pa~ hereof: Anschutz Exploration Corporation Royalty Pool 555 17th Street, Suite 2400 Denver, CO 80202 an undivided 1.5% of 8/8tbs Pamela S. Kalstrom and Todd R. Kalstrom, as Joint Tenants with Right of Survivorship 6732 W. Princeton Place Denver, CO 80235 an undivided .3 of 1% of 8/8ths Hal B. Koerner, Jr. and Diane Lynn Koerner, as Joint Tenants with Right of Survivorship 6811 Hillridge Place Parker, CO 80134 an undivided .2 of 1% of 8/Sths Marguerite K. Timbel and Ned R. Timbel, as Tenants in Common 6500 West Mansfield Avenue, //19 Denver, CO 80235 an undivided .2 of 1% of 8/8ths Paul Lamerson 1941 S. Parfet'Drive Lakewood, CO 80227 an undivided .25 of 1% of 8/8ths C L Machinery Company 555 17th Street, Suite 2400 Denver, CO 80202 an undivided .175 of 1% of 8/8ths William 3. Miller and Nancy Miller, as Joint Tenants with Right of Survivorship 5233 W. Capri Place Littleton, CO 80123 an undivided .3 of 1% of 8/8ths Piedmont Minerals Company 5838 S. Stanida Circle Salt Lake City, UT 84121 an undivided .1 of 1% of 8/8ths Scott U Hajicek and Nlarilyn S. Hajicek, as .]oint Tenants with the Right of Survivorship 2980 S. Newcomb Way Lakewood, CO 80227 an undivided .25 of 1% of 8/8ths .]ames C. Coogan 1950 Glen Ayr Drive Lakewood, CO 80215 an undivided .25 of 1% of 8/8ths David Bird 11384 E. Cimmaron Drive Englewood, CO 80111 an undivided .175 of 1% of 8/Sths The overriding royalty interest hereinabove assigned is subject to the following terms, provisions and conditions: A. 'Said overriding royalty interest is subject to the terms and provisions of Said leases described on Exhibit "A", and any amendments or modifications of said leasesl B. Said overriding royalty interest shall be free and clear of all drilling developing, operating costs and expenses except such costs, if any, incurred in dehydrating, treating, transporting, boosting, compressing or otherwise processing same in order to make same marketable, and same shall be calculated after deducting oil and gas used for operations on the premises, with the option on the part of Assignor to deduct the proportionate part of fuel used in any central plant serving the premises or of using other than the identical oil and gas produced for operations on the premises, and deducting any so used, but Assignee shall bear and pay all taxes of every nature whatever, which may now or hereafter be applicable to or in any manner connected with or a lien upon Assignee's overriding royalty interest or the production attributable thereto, including without limitation all production, severance, gathering, transportation or similar taxes attributable to Assignee's interest, and such other costs and charges as shall be applicable to and borne by lessor's royalties under the terms of the leases. If Assignor shall reinject gas produced under said leases or from land pooled therewith into injection wells situated on land covered by said Exhibit "A" leases or lands pooled therewith in connection with any recycling or pressure maintenance program, the quantity of gas produced under said leases or from land pooled therewith which is thus reinjected into said injection wells shall be deducted before the overriding royalties herein assigned are computed. No overriding royalties shall be payable upon gas and casinghead gas used for recycling or repressuring operations benefiting said lands. In the event the leases above described provide that shut-in gas payments shall be made as royalties rather than rentals, Assignee herein shall not be entitled to any payment with respect to said overriding royalty in connection with such payments. Except as may be otherwise provided in this assignment, the overriding royalty herein assigned shall be treated computed, paid and/or delivered to the Assignee in the same manner and under the same terms and conditions as are provided in each lease for the payment or delivery of royalties to the lessor thereinl C. The overriding royalty may be pooled and unitized in the same manner and under the same and identical terms, conditions and provisions as.the lessor's royalties may be pooled and unitized under the terms of each lease above described. D. The overriding royalty herein assigned is based upon the assumption that the leases described on Exhibit "A" cover and affect the entire fee simple mineral estate in the lands covered thereby. In the event of loss or failure of title as to the whole or any portion of the leased premises, the overriding royalty interest as to such lease and lands affected by such loss or failure of title shall be reduced in the proportion in which title shall have failed, and in such evenl~ the overriding royalty interest i~erein assigned shall be proportionately reduced. If the lease described in Exhibit "A" attached hereto covers less than the entire and undivided fee simple estate therein, then and in such event the overriding royally interest herein assigned shall be proportionately reduced. E. No obligations, either expressed or implied, shall arise by reason of the assignment herein by Assignor of overriding royalty interest which shall obligate Assignor to keep, drill, produce, operate and maintain the said leases in force and effect either by the payment of r~ntals, compensatory royalties or other payments, or by the drilling of any wells upon the lands with respect, which the overriding royalty interest in said leases is hereby assigned, it being expressly understood that Assignee is to receive said overriding royalty interest in such production only out of the oil, gas and other hydrocarbon substances and minerals, if, as and when produced, saved and marketed at the sole Will of Assignor from said lands under the terms and provisions of each lease, and Assignor herein, his heirs, successors, assigns and/or legal representatives, 'may release said leases or any part thereof at will and without liability to Assignee, their heirs, successors, assigns and/or legal representatives. F. The overriding royalty interest herein asSigned shall be applicable t° any renewal, extension or new lease taken or acquired by Assignor, its successors and assigns, within a period of six (6) months from date of the termination of any lease described in Exhibit "A" as to ti~e land and minerals covered and affected by said new lease. This Assignment is made without covenants of warranty, either expressed or implied but shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto. This instrument executed this 20th day of June 2003, but effective January 1, 2003. A-l-I-EST,:. -, ~. '? · .. ·'Assistant Secretary Anschutz Exploration Corporation Pamela S. Kalstrom Assistant Vice President STATE OF COLORADO ) )ss, COUNTY OF DENVER' ) Before me, the undersigned authorib/, 0n this day pe:Sonally appeared PAHELA S. KALSTROIq, Assistant Vice President Of Anschutz Exploration Corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of said company. Given under my hand and seal of office this 20th day of 3une, 2003. My commission expires: January 27, 2006 B¢al Can),on doc CD 0 o z 180 z z z _'18 CD z 183