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HomeMy WebLinkAbout900990BOOK RECEIVED ~.'r', ,~r,I_,,_, .I'.f, C ._} JIlT ~ CLERK WELLBORE ASSIGNMENT 900990 ", ' .,'-~ 41' F_. ;..!' . I'. THIS WELLBORE ASSIGNMENT (the "Assignment"), dated effective '12:0a a.m. March 15, 2004 (the "Effective Time"), is from BP America Production Company, a Delaware corporation, whose mailing address is P.O. Box3092, Houston, Texas 77253-3092 ("Assignor") to ECG Resources, Inc., a Delaware corporation, whose address is 600 Seventeenth Street, Suite 1100N, 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 "Wellbore Interests"): 1. Seventy percent (70.00%) of Assignor's right, title and interest in and to the wellbore for the Whiskey Buttes Unit 202-21E Well and all associated equipment and personal property, located in the SE/4NW/4 of Section 21 T21N, R112W, 6"~P.M, Lincoln County, Wyoming, at a surface location 1,869 feet from the north line, and 1,954 feet from the west line of said Section 21 (the "Wellbore"), together with such interest in the oil and gas leases described on Exhibit A hereto (the "Leases"), insofar ann only insofar as the Leases cover the lands described on Exhibit A (the "Lands") from the surface of the earth to 11,506 feet, the total depth drilled in the Whiskey Buttes Unit 202-21E Well (the "Assigned Depths"), as is necessary to vest in Assignee ownership of 70.00% of Assignor's right, title and interest in the Wellbore and the production therefrom, limited to the Assigned Depths. 2. 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. 3. 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. 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~ Whiskey Buttes Unit'202-21E BP Moxa Project L-600228 68:7 O OOk} O 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 shal 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 properly records of the county in which the Lands are located. H. This Assignment binds and inures to the benefit of Assignor and Assignee and their respective successors and assigns. deemed to instrument. This Assignment may be executed in counterparts, each of which shall be be an original instrument but all of which together shall constitute bu[ one EXECUTED on the dates contained in the acknowledgments of this Assignment, to be effective for al purposes as of the Effective Time. ASSIGNOR: BP AMERICA PRODUCTION COMPANY ne Halle"r'Piskurich ~ ey in Fact Whiskey Buttes unit 202-21E BP Moxa Project L-600228 2 688 ASSIGNEE: EOG ~//~//~ 0 L J. Mic6ael S( Age~i and Acknowledqements ll N C. h~een. orney m Fact STATE OF TEXAS ) ) SS. COUNTY OF HARRIS ) The foregoing instrument was acknowledged before me this /¢°~---~day of May, 2004 by Jeanine Hailer Piskurich, as Attorney in Fact for BP America Production Company, a Delaware corporation. Witness my hand and official seal. My commission expires: r~';;~.~ HELEN r,,. STATE OF COLORADO ) ) SS· CITY AND COUNTY OF DENVER) The foregoing instrument was acknowledged before me this . day of , 2004 by J. Michael Schween, as Agent and Attorney in Fact of EgG Resources, 'Inc., a Delaware corporation. Witness my hand and official seal. My commission expires: ,X\\\\\~ll~llllll!///m "///1~111~!~~' Whiskey Buttes Unit 202-21E BP Moxa Project L-600228 E×HIBIT "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" The Frontier Formation Participating Area "AB" under that certain Whiskey Buttes Unit Agreement and Unit Operating Agreement (WYW-109754X) dated December 12, 1973, described as: Township 21 North, Range 112 West Section 1: SW/4NE/4, NWl4, S/2 Section 2: All Section 3: All Section 4: SE/4NE/4, SE/4, SE/4SW/4 Section 8: SE/4NE/4, SE/4, SE/4SW/4 Section 9: All Section 10: All Section 11: All Section 12: All Section 13: All Section 14: All Section 15: All Section 16: All Section 17: All Section 18:SEI41NEI4 E/2SE/4 Section 19:E/2E/2 Section 20: All Section 21: All Section 22: All Section 23: All Section 24: All Section 25: All Section 26: All Section 27: All Section 28: All Section 29: All Section 32: All Section 33: All Section 34: N/2NE/4, NWl4, NW/4SW/4 · Section 35: N/2, SE/4, NE/4SW/4 .Section 36: All Township 21 North, Range 111 West Section 6:S/2SW/4 Section 7: SE/4NE/4, W/2NE/4, NWl4, S/2 Whiskey Buttes Unit 202-21E BP Moxa Project L-600228 6 0 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 Township 20 North, Ran,qe 112 West Section 1:N/2NW/4 Section 2: N/2NE/4, NE/4NW/4 Township 20 North, Range 111 West Section 4:NE/4NW/4 Lincoln and Sweetwater Counties, Wyoming "LEASE" BP Lease Number: Lessor: Lessee: Lease Date: Recording Data: Description of Lands: L-600228 Champlin Petroleum Company Amoco Production Company June 10, 1975 Book 119PR, Page 452, #,468058 TOWNSHIP 21 NORTH, RANGE 112 WEST Section 21:NWl4 Containing 160.00 acres, more or less Lincoln County, Wyoming Whiskey Buttes Unit 202-21E BP Moxa Project L-600228