HomeMy WebLinkAbout20003373.tiff 1 111111111 1111111 1111111111111 1111111 i 111111111111 1111
2773605 06/08/2000 01:44P JA Suki Tsukamoto
of 69 R 345.00 D 0.00 Weld County CO
ASSIGNMENT. CONVEYANCE AND BILL OF SALE
This Assignment, Conveyance and Bill of Sale is made this 6' day of June, 2000, and is
effective the 1" day of April, 2000, by and between LYCO ENERGY CORPORATION, 6688 N.
Central Expressway, Suite 1600, Dallas, Texas 75206 (hereafter, "Assignor") and PETROLEUM
DEVELOPMENT CORPORATION of 103 East Main Street, Bridgeport, West Virginia 26330
(hereafter, "Assignee").
WHEREAS, Assignor is now the owner of certain undivided interests ("Assignor's
Interests") in, to and under the following (the "Interests"):
(a) Leaseholds: Oil and gas leaseholds, oil, gas and other minerals,
including working interests, rights of assignment and reassignment, net revenue interests,
record title interests, Wattenberg Rule Locations (defined below) and all other interests under
or in oil, gas or mineral leases, and interests in rights to explore for and produce oil, gas or
other minerals which are described in Exhibit "A" (the "Leases"), insofar and only insofar as
such rights, titles and interests cover the approximately forty (40) acres of land associated
with each Well (defined below) described in Exhibit"B";
(b) Rights in Production: Reversionary interests, backin interests,
overriding royalty interests and production payments relating to the Leases;
(c) Contract Rights: Unit agreements, orders and decisions of regulatory
authorities establishing or relating to units, unit operating agreements, operating agreements,
communitization agreements, gas purchase agreements, oil purchase agreements, gathering
agreements, transportation agreements, processing or treating agreements, farmout
agreements and farmin agreements subleases, and any other agreements to the extent
assignable relating to the Interests (hereinafter, the "Contracts");
(d) easements: Rights-of-way, easements, licenses and servitudes
appurtenant to or used in connection with the Interests (hereinafter, the "Easements");
(e) Permits: Permits and licenses of any nature owned, held or operated in
connection with operations for the exploration and production of oil, gas or other minerals
to the extent the same are used or obtained in connection with the Interests (hereinafter, the
"Permits");
(f) Wells: Producing, non-producing and shut-in oil and gas wells located
on the Leases that are described in Exhibit"R" (hereinafter, the "Wells");
(g) Equipment: Personal property, surface equipment, down-hole
equipment and pipelines, buildings and inventory used or obtained in connection with the
Interests; and
(h) Remaining Interests: All other rights and interests in, to, under or
derived from the Interests even though the same may be improperly described or omitted
from the Exhibits.
[00267499.DOC;1 i
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WHEREAS, Assignor desires to assign, convey and deliver to Assignee and Assignee
desires to accept all of Assignor's right, title and interest in the Interests insofar and only
insofar as the Interests relate to rights, titles and interests covering the lands described in
,Exhibit"A";and
WHEREAS, as consideration for this Assignment, Assignee has paid Assignor the sum
of one hundred dollars ($100.00) plus other valuable and sufficient benefits, the receipt of
which is acknowledged by Assignor.
NOW, THEREFORE, and except as set forth below, Assignor hereby GRANTS,
BARGAINS, SELLS, TRANSFERS, ASSIGNS AND CONVEYS to Assignee all of Assignor's right,
title and interest in, to and under the Interests insofar and only insofar as such Interests relate
to rights, titles and interests covering the lands described on Exhibit "A". Assignor hereby
warrants and defends its title to the Interests by, through and under Assignor, but not
otherwise.
Assignor excepts and reserves unto itself the following:
A. This Assignment, Conveyance and Bill of Sale is made subject to that certain
Assignment of Overriding Royalty Interest in and to certain of the Interests from Assignor
unto itself dated June 2, 2000. Such Assignment of Overriding Royalty Interest is not
intended to merge and, therefore, shall not merge into Assignor's Interest and shall not be
granted, bargained, sold, transferred, assigned or conveyed herein to Assignee by operation of
this Assignment, Conveyance and Bill of Sale or by operation of law.
B. Assignor excepts and reserves unto itself a ten percent (10%) working interest
in and to all Wells and the Leases insofar as they cover the approximately forty (40) acre
tracts of land associated with each Well that Assignee recompletes in the Codell or Niobrara
Formation or completes in a new formation, including by deepening or sidetracking
operations, after the effective date hereof and Assignee shall carry Assignor for ten percent
(10%) of the costs of such recompletions, new completions or deepening or sidetrack
operations or to plug and abandon, proportionately reduced to the extent the working
interest assigned to Assignee hereunder is less than one hundred percent (100%). Assignor's
ten percent (10%) working interest shall be effective from the point and time which said
recompletion or completion operation is completed and Assignor shall thereafter be subject
to its proportionate share of all lease operating expense and other costs which are properly
chargeable to working interest owners. All costs of operations of all such Wells that are
incurred after such recompletion, new completion, deepening or sidetracking operation shall
be subject to the terms of a joint Operating Agreement executed between the parties of even
date herewith. Assignor's net revenue interest attributable to its carried working interest will
be, proportionately, the same as the net revenue interest in such Well conveyed by Assignor
to Assignee pursuant to this Assignment, Conveyance and Bill of Sale.
C. Assignor excepts and reserves unto itself a twelve and one-half percent (121/2%)
working interest in and to any well drilled by Assignee or its successors and assigns on the
Leases pursuant to the Greater Wattenberg Special Well Location Rule 318A of the Colorado
Oil and Gas Conservation Commission (herein, a "Wattenberg Rule Location") and
Assignee, its successors and assigns, shall carry Assignor for twelve and one-half percent
(12.5%) of the costs "through the tanks" for each such well drilled on a Wattenberg Rule
{00267499.DOC:1)
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Location well including the costs to drill, deepen, sidetrack, test, complete and equip such
Wattenberg Rule Location through the tanks or plug or abandon, if a dry hole,
proportionately reduced to the extent the working interest assigned to Assignee hereunder is
less than one hundred percent (100%). All costs of operations of all such Wells that are
incurred after such drilling of a Wattenberg Rule Location shall be subject to the terms of a
Joint Operating Agreement executed between the parties of even date herewith. Assignor's
net revenue interest attributable to its carried working interest will be, proportionately, the
same as the net revenue interest in such well conveyed from Assignor to Assignee pursuant to
this Assignment, Conveyance and Bill of Sale. In the absence of a clearly defined unit for any
such Wattenberg Rule Location, Assignor's carried working interest reserved herein shall
cover and include the wellbore for the well drilled on such Wattenberg Rule Location and its
share of production therefrom regardless of the spacing or configuration of said unit.
D. Assignor excepts and reserves unto itself the right to the salvage value of a
portion of the equipment comprising the Interests insofar as such right is memorialized in
that certain Memorandum of Agreement executed of even date herewith.
E. Assignor excepts and reserves unto itself all offset undrilled well locations
(except Wattenberg Rule Locations), if any, each being an approximately forty (40) acre tract
of land in each eighty(80) acre spacing unit.
F. Assignor excepts and reserves unto itself all rights, interests and lands under
the Interests not specifically assigned hereunder together with all easements for flowlines,
ingress and egress and other reasonably necessary use of the Interests to prospect and drill for,
develop, produce and market oil, gas and other minerals from the interests reserved herein.
G. Assignor excepts and reserves unto itself all rights, title and interests of
Assignor under two (2) certain Farmout Agreements between Assignor and Assignee dated,
respectively, December 15, 1999 and June 1, 2000, together with all of Assignor's rights, title
and interests in the leases and wells arising thereunder.
H. Assignor excepts and reserves unto itself any equipment that was not, as of the
effective date hereof, used in the production or operation of the Interests.
TO HAVE AND TO HOLD the same unto Assignee, its successors and assigns, forever.
The rights and obligations of the parties to this Assignment, Conveyance and Bill of
Sale shall inure to the benefit and detriment of their respective successors and assigns and
shall be construed as covenants running with the Leases and Interests.
Assignee specifically assumes all obligations arising under the Leases, Contracts and
Easements or arising under applicable law, rule or regulation to properly plug, abandon and
remediate all Wells comprising the Interests and shall indemnify and hold Assignor harmless
from any and all such costs and obligations.
In the event production attributable to any right, title or interest reserved herein by
Assignor in the Interests or Wattenberg Rule Locations is commingled with production in
which Assignor does not own or retain an interest, Assignee will cause such production to be
R00267499.DOC;1)
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If
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measured by production tests or other industry-accepted practices in order to properly
allocate to Assignor its share of such commingled production. Upon request by Assignor,
Assignee shall provide Assignor with proper documentation, including production tests, in
support of the allocation of commingled production affecting Assignor's interest.
Except as provided herein this Assignment and Bill of Sale is made without warranty
of title, expressed or implied. ASSIGNOR MAKES NO WARRANTY OR REPRESENTATION,
EXPRESSED OR IMPLIED, AS TO THE MERCHANTABILITY OF ANY OF THE EQUIPMENT
APPLICABLE TO THE INTERESTS OR ITS FITNESS FOR ANY PURPOSE, ASSIGNEE HAVING
SATISFIED ITSELF AS TO THE CONDITION OF SAME, AND ASSIGNEE AGREEING THAT IT
ACCEPTS THE SAME IN ITS "AS IS, WHERE IS"CONDITION.
N This Assignment, Conveyance and Bill of Sale is effective for all purposes as of April 1,
0 o ASSIGNOR
aCs
G p.° 4;' T LYCO ENERGY CORPORATION
NO11-
Oki By
Robert G. Moore,Jr. •
A sista t Secretary Title: Vice President- Land an tracts
ASSIGNEE
PETROLEUM DEVELOPMENT
CORPORATION
ATTEST:
By
Assistant Secretary Thomas E. Riley
Title: Vice President
(00267499_DOC;1)
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2773505 06/08/2000 01:44P JA Suki Teukamoto
5 of 69 R 345.00 D 0.00 Weld County CO
ACKNOWLEDGEMENTS
STATE OF ---/k/160 5
)
ss:
COUNTY OF u tS )
The foregoing instrument was acknowledged before me this :3'± day of June, 2000,
by Robert G. Moore, Jr. as Vice President-Land and Contracts of Lyco Energy Corporation on
behalf of such corporation.
My Commission Expires: / 00.44_11 dG.c tai
ce.,. 7a' JANET TRENT EAST Eel
• • Notary PWNic,State of Texas
.; My Commission Expires 03-26-03 Notary Public
,,
STATE OF )
) ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this day of June, 2000,
by Thomas E. Riley as Vice President of Petroleum Development Corporation on behalf of
such corporation.
My Commission Expires:
Notary Public
(00267499.DOC;1)
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2773505 06/08/2000 01:44P JA Suki Tsukamoto
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measured by production tests or other industry-accepted practices in order to properly
allocate to Assignor its share of such commingled production. Upon request by Assignor,
Assignee shall provide Assignor with proper documentation, including production tests, in
support of the allocation of commingled production affecting Assignor's interest.
Except as provided herein this Assignment and Bill of Sale is made without warranty
of title, expressed or implied. ASSIGNOR MAKES NO WARRANTY OR REPRESENTATION,
EXPRESSED OR IMPLIED, AS TO THE MERCHANTABILITY OF ANY OF THE EQUIPMENT
APPLICABLE TO THE INTERESTS OR ITS FITNESS FOR ANY PURPOSE, ASSIGNEE HAVING
SATISFIED ITSELF AS TO TILE CONDITION OF SAME, AND ASSIGNEE AGREEING THAT IT
ACCEPTS THE SAME IN ITS "AS IS, WHERE IS" CONDITION.
This Assignment, Conveyance and Bill of Sale is effective for all purposes as of April 1,
2000.
ASSIGNOR
LYCO ENERGY CORPORATION
A(TEST:
By
Robert G. Moore,Jr.
Assistant Secretary Title: Vice President-Land and Contracts
ASSIGNEE
PETROLEUM DEVELOPMENT
CORPORATION
ATTEST:
y
Assistant Secre ary Thomas E. Riley
Title: Vice President r-
(00267499.DOC;11
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2773505 7 69 R 345.0 OO0 0 01:44P Sukl moto
D 0.00 Weld County CO
ACKNOWLEDGEMENTS
STATE OF
ss:
COUNTY OF
The foregoing instrument was acknowledged before me this day of June, 2000,
by Robert G. Moore,Jr. as Vice President-Land and Contracts of Lyco Energy Corporation on
behalf of such corporation.
My Commission Expires:
Notary Public
STATE OF )
ss:
COUNTY OF HQ r r Scf
The foregoing instrument was acknowledged before me this `))day of June, 2000,
by Thomas E. Riley as Vice President of Petroleum Development Corporation on behalf of
such corporation.
My Commission Expires:
�IYA_ 4e .J An. 1 1
• r, OFFICIAL SEAL Notary Public
NOTARY PUBLIC
,. STATE OF WEST VIRGINIA
I: TINA R.SMITH
4 ROUTE 3.BOX a7
•�, WESTON,WV 28452
My Commission Expire December e.2005
{00267499.DOC;11
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Exhibit "A"
Attached to and made a part of that certain Assignment,Conveyance and Bill of Sale
dated effective as of April 1,2000
by and between LYCO ENERGY CORPORATION,as Assignor,
and PERTROLEUM DEVELOPMENT CORPORATION,as Assignee
ALL LANDS LOCATED IN WELD COUNTY,COLORADO
SUBJECT LEASES AND SUBJECT LANDS
1. LYCO LEASE NO: CO-027500-02-00
LESSOR: Melvin T. Bickling
LESSEE: The Colton Corporation
LEASE DATE: February 23,1981
RECORDING
INFORMATION: Book 0949,Rec. #01870971
SUBJECT LANDS: Township 6 North,Range 65 West 6th P.M.:
Section 16: Insofar and only insofar as the lease covers that part of the SE/4 SE/4 lying
East of the following described line: Beginning at a point 795' E. of the Northwest corner
of E/2 SE/4 Sec. 16 and running thence South 939';South 21°45' W. 288';South 2°30' W.
117'; South 22° East 706'; South 30 East 598'; West 89°; South 50' to a point 492' West of
Southeast corner of Section 16.
WELL: Riggs#44-16
2. LYCO LEASE NO: CO-027500-03-00
LESSOR: Ressie M. Riggs
LESSEE: Lyco Energy Corporation
LEASE DATE: October 26,1989
RECORDING
INFORMATION: Book 1248,Rec. #02196506
SUBJECT LANDS: Township 6 North,Range 65 West 6th P.M.:
Section 16: That certain tract in the Southeast quarter (SE/4) described as follows:
Beginning at a point on the South line of said Section 16, from which point the Southeast
corner of said Section 16 bears North 88°36'30" East, a distance of 39.0 feet; thence South
88°26' West, a distance of 1,484.3 feet; thence south 00°45' East, a distance of 34.5 feet to a
point on the South tine of said Section 16;thence North 88°34'30"east along said South line
of said Section 16 a distance of 1,483.9 feet to the point of beginning, insofar and only
insofar as said tract lies within the SE/4 SE/4 of said Section 16.
WELL: Riggs#44-16
3. LYCO LEASE NO: CO-027500-05-00/CO-024800-01-00
LESSOR: Marjorie A. Norris,et al
LESSEE: Cache Resources,Inc.
LEASE DATE: August 7, 1982
RECORDING
INFORMATION: Book 0979,Rec. #01906450
SUBJECT LANDS: Township 6 North,Range 65 West 6th P.M.:
Section 16: Insofar and only insofar as the lease covers All that part of the NE/4 except
that portion described as follows, to-wit: Commencing at a point on the West line of said
tract 16 rods, 9 feet South of the Northwest corner of said W/2 NE/4 of Section 16, and
thence running Southeasterly 36 rods to the West bank of Number Two Canal parallel to a
point 27 rods, 51 feet East of the West line of said tract; thence Southwesterly along the
North and West Bank of said Canal Number Two 39 rods to the West line of said tract to a
point 69 rods, 9 feet South of the Northwest corner of said tract, thence North along the
f00267496.DCK;I} 111111 11111 1111111 11111 1111 liii IIIII!1 III 11111 llll IIC
2773505 06/08/2000 01:44P JA Suki Taukamoto
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Exhibit"A"
Bloskas#12-9
O'Grady #3
Heinrich #1
Wacker#1
Wacker#2
Wacker#22-10
164. LYCO LEASE NO: CO-018800-02-1A
LESSOR: Joe C.Silva a/k/a Jose C.Silva and Marie N.Silva, husband and wife
LESSEE: J. Michael McGhee
LEASE DATE: June 19,1981
RECORDING
INFORMATION: Book 949,Reception No.01870830
SUBJECT LANDS: Township 5 North,Range 64 West,6th P.M.:
Section 6: Insofar and only insofar as lease covers the E/2 SW/4 excepting therefrom a
16.3-acre tract lying South bank of the North branch of the Platte River.
WELLS: Silva#1
Silva#23-6
165. LYCO LEASE NO: CO-018800-02-1B
LESSOR: Kenneth K.Osaki and Rose Osaki,husband and wife
LESSEE: J. Michael McGhee
LEASE DATE: June 24,1981
RECORDING
INFORMATION: Book 949,Reception No.01870847
SUBJECT LANDS: Township 5 North,Range 64 West,6th P.M.:
Section 6: Insofar and only insofar as lease covers the E/2 SW/4 excepting therefrom a
16.3-acre tract lying South bank of the North branch of the Platte River.
WELLS: Silva#1
Silva#23-6
166. LYCO LEASE NO: CO-018800-05-00
LESSOR: Weld County,Colorado
LESSEE: Wichita Industries,Inc.
LEASE DATE: January 11,1984
RECORDING
INFORMATION: Book 1019,Reception No.01954160
SUBJECT LANDS Township 5 North,Range 64 West,6th P.M.:
Section 6: A 16.3-acre tract in the E/2 SW/4 lying South of the South bank of the North
branch of the Platte River; ALSO: a strip of land across the North side of the said East half
of the Southwest Quarter(E/2 SW/4)being forty (40)feet in width and lying South of and
adjacent to the North line of said East Half of the Southwest Quarter (E/2 SW/4) of said
Section 6.
WELLS:: Silva#1
Silva#23-6
167. LYCO LEASE NO: CO-018900-01-1A
LESSOR: First National Bank of Greeley,Colorado,Trustee
LESSEE: J. Michael McGhee
LEASE DATE: July 14,1981
RECORDING
INFORMATION: Book 949,Reception No.01870857
SUBJECT LANDS: as corrected 1031/01968050
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49 of 69 R 345.00 D 0.00 Weld County CO
Exhibit"A"
Township 5 North,Range 64 West,6th P.M.:
Section 7:Insofar and only insofar as tease covers part of the E/2 SE/4
WELLS: Motis#1
Motis#44-7
168. LYCO LEASE NO: CO-018900-01-1B
LESSOR: Joan M.Johnston and Albert Wayne Johnston,wife and husband
LESSEE: J. Michael McGhee
LEASE DATE: July 14, 1981
RECORDING
INFORMATION: Book 949,Reception No.01870854
SUBJECT LANDS: Township 5 North,Range 64 West,6th P.M.:
Section 7:Insofar and only insofar as lease covers part of the E/2 SE/4
WELLS: Motis#1
Motis#44-7
169. LYCO LEASE NO: CO-018900-01-1C
LESSOR: Emily Ann Gervias and Donald Gervias,wife and husband
LESSEE: J. Michael McGhee
LEASE DATE: July 14,1981
RECORDING
INFORMATION: Book 949,Reception No.01870855
SUBJECT LANDS: Township 5 North,Range 64 West,6th P.M.:
Section 7: Insofar and only insofar as lease covers part of the E/2 SF/4
WELLS: Motis#1
Motis#44-7
170. LYCO LEASE NO: CO-018900-01-1D
LESSOR: Nancy Jayne Allnutt and Jack S.Allnutt,wife and husband
LESSEE: J. Michael McGhee
LEASE DATE: June 30,1981
RECORDING
INFORMATION: Book 949,Reception No. 01870863
SUBJECT LANDS: Township 5 North,Range 64 West,6th P.M.:
Section 7: Insofar and only insofar as lease covers NW/4 SW/4,E/2 SF/4
WELLS: Motis#1
Motis#44-7
Dunn#13-7
171. LYCO LEASE NO: CO-018900-01-1E
LESSOR: Laurence W,Plumb and Zola F. Plumb,husband and wife
LESSEE: J. Michael McGhee
LEASE DATE: July 6,1981
RECORDING
INFORMATION: Book 949,Reception No.01870862
SUBJECT LANDS: Township 5 North,Range 64 West,6th P.M.:
Section 7:Insofar and only insofar as lease covers NW/4 SW/4,E/2 SE/4
WELLS: Motis#1
Motis#44-7
Dunn#13-7
172. I,YCO LEASE NO: CO-018900-01-1F
LESSOR: Donald F. Plumb and Christina A. Plumb,husband and wife
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