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HomeMy WebLinkAbout20130450.tiffIR IRONHORSE RESOURCES, LLC January 30, 2013 Esther Gesick Board of County Commissioners of the County of Weld P.O. Box 758 Greeley, CO 80632 Dear Esther: Ironhorse Resources, LLC acquired an Oil & Gas Lease from Weld County on December 10, 2012, more specifically described on Exhibit "A", attached hereto. Pursuant to Paragraph 9 of said Oil & Gas Lease, Ironhorse Resources, LLC. requests the consent of the Board of County Commissioners of the County of Weld to assign the lease and all of the lands covered thereby to Carrizo (Niobrara), LLC., effective immediately. I have enclosed a check for $25.00, as required in Paragraph 9, as fee for your written consent. Please execute the enclosed copy of this letter in the space provided to indicate your written approval and consent to the assignment and transfer of the Oil & Gas Lease as provided above and return it to me in the enclosed envelope. Thank You. Sincr AIex/Savina Ironhorse Resources, LLC. 303-228-3714 The Board of County Commissioners of the County of Weld approves and consents to the assignment and transfer of the referenced Oil & Gas Leases as provided for in this Letter Agreement on this 13th day of February 2013. By: • / G William F. Garcia Title: Chair. Board of Weld County Commissioners FEB 1 3 2013 Let ;22-l3 2Vi3 r-thi�. a�a�l3 2013-0450 3773 CHERRY CREEK NORTH DRIVE • SURE 575 • DENVER, Co 80209 • 303-228-3712 /EU3cc O4 MP CC LED rn Net Ac. O O Gross Ac. to ICI to eN eN c-i Legal Description Township 9 North, Range 59 West, 6th P.M. Section 5: NE/9 Ironhorse Resources, LLC. Lessor Weld County, Colorado, a political subdivision of the State of Colorado, acting by and through the Board of County Commissioners of the County of Weld, for its respective interests F- 0 W U W HOW PAID I I CASH r ll tw Io ZE908 OO Aalaal0 i 1.� 89L Xo8 a/ Od pJeo8 a410l>paIOI\� vr opewolo0 ' ciuno0 PPM \'/ 3912613 Pages: 1 of 2 02/25/2013 03:35 P11 R Fee:$16.00 Slave Moreno Clerk end Recorder. Weld County. CO r iC hir tI+Itiifll'14: iNil :IUUny, *iLI4 II II ASSIGNMENT OF OIL AND GAS LEASES KNOW ALL MEN BY THESE PRESENTS: THAT, Ironhorse Resources, LLC., of 3773 Cherry Creek North Drive, Suite 575, Denver, CO. 80209, (hereinafter referred to as "Assignor") for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, subject to the terms, provisions, conditions and/or limitations set forth herein, does hereby sell, transfer and assign unto Carrizo (Niobrara), LLC., 500 Dallas Street, Suite 2300, Houston, TX 77002 (hereinafter "Assignee") all right, title and interest in and to the oil and gas leases described in Exhibit "A", attached hereto and made a part hereof, said leases covering lands situated in Weld County, Colorado, which are sometimes herein referred to as "Said Leases". TO HAVE AND TO 1 -TOLD the Premises, together with the proportionate part of the rights and appurtenances thereto in anywise belonging unto said Assignee, its successors and assigns, subject to all of the terms, conditions, limitations and covenants of the aforesaid oil and gas leases, and Assignee, by acceptance of this Assignment, agrees to be bound by and fulfill proportionately as to its interests the terms and provisions thereof. Assignor agrees to execute such further assurances as may be requisite for the full and complete enjoyment of the rights herein transferred. This Assignment of Oil and Gas Leases is made granting SPECIAL WARRANTY OF TITLE from Assignor limited by, through and under itself, but not otherwise. Executed this 21st day of February, 2013, but to be effective for all purposes as to each of the Leases as of the effective date of each such lease as shown on Exhibit "A" attached hereto. Ironhorse Resources, LLC. D. Curtis Simmons, Manager State of Colorado County of Denver )s5. ) The foregoing instrument was acknowledged before me this 21 st day of February, 2013 by D. Curtis Simmons, as Manager of Ironhorse Resources, LLC. Witness my hand and official seal. Notary Public My commission expires 3111/ s µp(BAVINAR NOTARY FUBi.” STATE OF OOLOcwr colt _ TMC11PPIP a`,.1t. 0 8 2 "w C a u v 12,;, o 0 n o u )a wf u u a c x oZt 'o y v N C a a F '0 3 Ironhorse Resour a p7 2 1 0 0 Legal Description III II Roil'+ iditiY11�M f1141IAPOPee �Ie�!!I}hllOID NiruiIIII 00 e y e;° : "Se £0 ElCT9ti6£ 3930850 05/09/2013 10:04 AM Total Pages: 9 Rec Fee: $51.00 Steve Moreno - Clerk and Recorder, Weld County, CO ASSIGNMENT OF OVERRIDING ROYALTY STATE OF COLORADO § COUNTY OF WELD § KNOW ALL MEN BY THESE PRESENTS THAT WHEREAS, CARRIZO (NIOBRARA) LLC, a Delaware limited liability company, whose address is 500 Dallas Street, Suite 2300, Houston, Texas 77002, hereinafter sometimes referred to as "Assignor," represents that it is the owner of an interest in the oil, gas and mineral leases described in Exhibit A attached hereto and made a part hereof, hereinafter sometimes referred to collectively as the "Leases and individually as a "Lease;" and WHEREAS, Assignor desires to assign unto INFINITY OIL & GAS, INC., a Colorado corporation, whose address is 730 17th Street, Suite 250, Denver, Colorado 80202, or its designees hereinafter sometimes referred to as "Assignee," a certain overriding royalty interest in said Leases as hereinafter provided; NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and such other good and valuable consideration in hand paid by Assignee to Assignor, the receipt and sufficiency of which is hereby acknowledged and confessed, Assignor does hereby SELL, TRANSFER, ASSIGN and CONVEY unto Assignee an overriding royalty interest (the "ORRI") of four percent of eight -eighths (4.0% of 8/8ths) in and to the Leases. The ORRI shall be allocated equally between Stephen D. Reynolds, Joseph B. Walseth and J. Timothy Brittan each receiving 1/3`d of the ORRI. This Assignment is made subject to the following terms, conditions, reservations and limitations: 1. This Assignment is made without warranty of any kind, express or implied, except by, through and under Assignor, but not otherwise. 2. Said Assignment is made subject to the terms, covenants and conditions of the following: a. The terms and provisions of the Leases; and b. Any other recorded instruments of any nature whatsoever affecting or pertaining to any of the Leases or any rights, titles or interest therein. 3. If the lessors in a Lease own a lesser interest in the lands described in a Lease than the entire mineral fee estate in all or any portion of the land described therein, then the ORRI as to the leasehold interests in such Lease shall be proportionately reduced and shall be payable to Assignee in the proportion which the interest of such lessors in such oil and gas mineral rights bears to the entire 5R - Page 1 of 7 I 3930850 05/09/2013 10:04 AM Page 2 of 9 undivided mineral fee estate therein. 4. In the event that Assignor owns less than the entire leasehold interest in a Lease, then the ORRI in the leasehold interests in such Lease shall be proportionately reduced and shall be payable to Assignee in the proportion which the interest of Assignor in said Lease bears to the entire undivided leasehold estate therein. 5. The ORRI shall be paid and calculated in the same manner as the lessor's royalty under the respective Lease(s) to which it relates and charged with its proportionate part of the gross production, pipeline, windfall profits, severance, excise or similar taxes which may be levied or assessed against the same. Assignee shall pay all ad valorem taxes assessed against the ORRI. 6. Assignee grants to Assignor, its successors and assigns, the right to pool or unitize the ORRI to the same extent as may be provided for in the Lease or any amendments thereto to which it relates without the consent or joinder of Assignee, its successor or assigns. If such pooling occurs, the interest of Assignee will be reduced in such unit in the proportion that the number of acres of land covered by the Lease within such unit bears to the total number of acres in such unit. 7. No obligations, either express or implied, shall arise by reason of this Assignment, which shall obligate Assignor to keep and maintain any of the Leases in force and effect either by payment of delay rentals, compensatory royalties or other payments, by the drilling of any well upon the lands covered by said Leases, or by any other means; it being expressly understood that Assignee is to receive said overriding royalty interest in the oil, gas and associated hydrocarbons, if as and when produced and sold, and that Leases may be released without the consent of Assignee. TO HAVE AND TO HOLD the said overriding royalty interest unto the said Assignee, its successors, representatives and assigns forever in accordance with the terms and provisions hereof. 5� a.19 [Signature Pages Follow] Page 2 of 7 3930850 05/09/2013 10:04 AM Page 3 of 9 IN WITNESS WHEREOF, this instrument is executed this clt day of March, 2013, but is effective as of the date of each of the respective Leases. CARRIZO (NIOBRARA) LLC By: Name: Richard H. Smith Title: Vice President — Land STATE OF TEXAS COUNTY OF HARRIS Acknowledgment This instrument was acknowledged before me on the 51 day of March, 2013 by Richard H. Smith, Vice President — Land of CARRIZO (NIOBRARA) LLC, a Delaware limited liability company, on behalf of said corporation. ROSS DANIEL WARDLAW kb. Public. Slate of Texas My Commission Expires March 05, 2016 W NOTAKri' PUBLIC in and for the State of Texas My commission expires: 3 lcf1D(b Page 3 of 7 3930850 05/09/2013 10:04 AM Page 4 of 9 INFINITY OIL & GAS, INC. Title: Vice President STATE OF ODI ORADU COUNTY OF DENVER Acknowledgment This instrument was acknowledged before me on the 13th day of March, 2013 by Steve Reynolds , Vice President of INFINITY OIL & GAS, INC., a Colorado corporation, on behalf of said corporation. �l,t I' OTA PUBLIC and for e in State of _aolorado My commission expires: II ! 1;,P My Commission Expires 0711612013 Page 4 of 7 3930850 05/09/2013 10:04 AM Page 5 of 9 STEPHEN D. REYNOLDS STATE OF OJTABAD° COUNTY OFDM t>ER By: Name: Stephen D. Reynolds Title: Self Acknowledgment This instrument was ac ore me on the _,3th day of March, 2013 by Y PUBLIC ih and f the State of Colorado My commission expires: '11101.3 My Commission Expires 0711612013 Page 5 of 7 3930850 05/09/2013 10:04 AM Page 6 of 9 JOSEPH B. WALSETH By: ' ham} Name: ,Tnseph R_ Walseth Title: Self STATE OF COLORADO COUNTY OF DFSNER § § Acknowledgment This instrument was acknowledged before me on the I g day of March, 2013 by Joseph B. Walsoth , himself My commission Expires 0711612013 Page 6 of 7 C yyA l's ��1 N1 /1_111SO TAtIZY PUBLIC and fo the State of n i nrrao My commission expires: —t jib /I -3 3930850 05/09/2013 10:04 AM Page 7 of 9 • J. TIMOTHY BHUTAN STATE OF—T'C4Fl, g § COUNTY OF TC�UiYG § By: Name: Title: Acknowledgment , This instrument.was acknowledged before me on the x"1`1 day of March,2013 by ��rvv�F�N t ibY1' ar, Page 7 of 7 'FGo'dea- NOTARY PUlaIIC in and for the State of -ret My commission expires: 2�3 14 3930850 05/09/2013 10:04 AM Page 8 of 9 U F 0 N N N m 0 m 3897766 3897763 3897769 3897767 3897764 ' N CO H 0 in N CO O in N CO O in N 00 N O u1 N H O u1 N N 0 M N m N M N 0 N O 0 N O 0 0 N O T8N-R60W Section 26: 320.0000 E/2 ppoap OOii NN M M M T8N-R60W Section 26: E/2 T8N-R60W Section 26: E/2 T9N-R58W Section 14: S/2 T9N-R58W Section 14: 5/2 T9N-R58W Section 14: S/2 N O \ N H N O N N HI H 1-1eiN O N N HI H N -I o N N H N 0 N HI H o iN N H H H, oT.. H N U ` .0 J ao Z Carrizo (Niobrara), LLC Carrizo (Niobrara), LLC Carrizo (Niobrara), LLC Carrizo (Niobrara), LLC Carrizo (Niobrara), LLC Brian P. McCulliss individually and as President of McCullis Oil and Gas, Inc. Paul L. McCulliss, a married man dealing in his sole and separate property George G. Vaught, Jr., a single man Brian P. McCulliss individually and as President of McCullis Oil and Gas, Inc. Paul L. McCulliss, a married man dealing in his sole and separate property George G. Vaught, Jr., a single man .;� 99T co N 0 HI O H O 0 9Q Q N 0 N 8 H 8 0 co N 0 8 H O 0 0 IN .HI 8 H H 8 0 ti $ Hy HI 8 o N 0 H 8 H 8 Ou 3930850 05/09/2013 10:04 AM Page 9 of 9 2 N cn m 3897765 3898736 pAp m cy rn 7.7792 ry D, a 8 8 a ti 'OD el 1 1.O el s Lb el I S S el F _ .1 -• :y j 3N W M Z f Ca I- H Z T9N-RS8W Section 32: NE/4 T9N-RS8W Section 32: NW/4 3it; CI) Z1✓.Z q1 vi F d, • .i, ., ,C.' 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