The URL can be used to link to this page

Browse Search

Home My WebLink About861479.tiff AR2040180 B 1100 REC 02040180 01/23/86 09:29 $261.00 1/087 F 0781 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ASSIGNMENT, BILL OF SALE AND CONVEYANCE THIS ASSIGNMENT, BILL OF SALE AND CONVEYANCE • ("Assignment") dated: effective January 23, 1986 at 7:00 a.m., • Mountain Standard Time' (the "Effective Time"), is from BELLWETHER EXPLORATION COMPANY, a Colorado corporation ("Assignor"), 600 17th Street, Suite 400N; Denver, Colorado 80202, to BRACEWELL DEVELOPMENT CORPORATION, a Colorado corporation (,"Assignee"), 600 17th Street, Suite 400N, Denver, Colorado 80202. PART I GRANTING AND HABENDUM CLAUSES For Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which- Assignor hereby acknowledges, Assignor hereby transfers, grants, bargains, sells, conveys and assigns to Assignee, subject to the reservations and other provisions of this Assignment, all of - Assignor's right, title, interest and estate in and to the following assets: • 1.1 All of the oil, gas and other mineral properties,- rights and undivided interests, including,.. but not limited to; leasehold; fee, mineral,, royalty and.overriding, royalty interests, payments out of production. and other rights, including contractual rights to.production, and contractual rights providing for the acguisitiot.or earning of any such interests, owned by.Assignor, in whole.or in part, whether.directly or indirectly, in or on the lands described in Exhibit DE and F. hereto (the "Oil :and Gas. Assets"), expressly including,.without • limitation, (a) the specific leasehold estates and other interests in lands described in Exhibits. D, E and` E attached hereto (the "Properties", when referred to collectively and a "Property" when referred to individually), including within sudh Properties, without limitation, those wells and the drilling and spacing units therefor (Which drilling and spacing units are those units (i) established by.regulation or.order of the applicable state spacing or conservation commission,.: (ii) set forth in applicable pooling agreements, (iii) included in federal unit participating areas, or (iv) that are otherwise reflected in Assignor's files) (the. "Producing Properties") described in, Exhibit D attached hereto, (b) all rights, privileges, benefits and powers conferred Upon Assignor- as the holder of an interest' in any oil and Gas Asset with respect to the use and occupation of the surface of, and the sub-surface depths under, the land covered by such Oil and Gas Asset that maybe necessary,. convenient or incidental to'the'possession`and enjoyment of the interest, (c) all rights in respect of any pooled or unitized • - acreage by^virtue of any Oil and;Gas Asset being a part thereof, including all production from the pool or Unit_ located to any' such Oil and Gas Asset and all interests in..any wells within the unit or pool associated-with such. Oil and Gas Asset, and the. _ right to receive any paymentsfrom-third parties resulting from forced pooling or amendments to federal unit participating area's in federal or state unit areas in which an Oil and Gas; Asset is located, (d) all rights; options, titles and interests of f'Assignor arising out o ..or dependent upon Assignor's ownershipof The Oil and Gas Assets granting Assignor the right to obtain. or otherwise earn interests in additional oil and gas leaseholds or other interests whether by drilling wells; causing wells to be drilled, payments of money.or otherwise, and (e) all-tenements, • hereditaments and appurtenances' pertaining to: such Oil and Gas Asset; WHEN RECORDED. RETURN TO: . JAMES M. PICCONE; SQ. 'DAVIS', GRAHAM & STUBBS . 370 17TH STREET, SUITE: 4700 DENVER, COLORADO 80201 xh LLll vn, Q% 1:�7n LE 00-7 • B 1100 REC 02040180 01/23/86 09:29 $261.00 2/087 F 0782 MARY ANN FEUBRSTEIN CLERK.., RECORDER WELD CO, CO 1.2 All of the permits, licenses, servitudes, easements, rights-of-way, orders, gas purchase and sale contracts (wherein Assignor is a selling party), crude purchase and sale. agreements (wherein Assignor isa selling party), surface leases, farmin agreements,.farmout agreements, bottom hole agreements, acreage contribution:agreements . operating agreements, unit agreements; processing agreements; options, leases of equipment or facilities and other contracts; agreements' and rights, that are owned by Assignor,- in whole or in-part, and that are (a) appurtenant to the Oil and Gas- Assets, or (b) used or held-. for use in connection with the ownership or operation of the Oil and Gas. Assets, or with the' production, treatment of the Oil aha Gas Assets, sale, or disposal of water, hydrocarbon's or' associated substances; ' _. 1.3 All of the real, personal and mixed property located on the Oil and Gas Assets or used in the operation thereof (whether located on or off-such oil and, Gas Assets) which is owned, leased, or .otherwise held, by Assignor in whole or in part (the "Related Assets"),, including; without limitation,: wells, well equipment, casing;:' tanks, crude oil, condensate. or. products in storage. orin pipelines, boilers, buildings, tubing, pumps, motors, fixtures, machinery :and other equipment, pipelines, gathering. systems,, power lines, telephone and telegraph lines, roads, field`processing' plants and: all other improvements used in the operation. thereof; provided, however, that the office furniture, and? equipment of Assignor, expressly including its computer hardware equipment and computer software not encompassed in Section 1.4-:below, shall be excluded front the Related Assets; and 1.4 All of the files;- records, data and other information of any nature whatsoever. (regardless of- the form of. such information) relating tothe oil and-Gas. Assets encompassed in sections 1.1,. 1.2 and 1.3 ebove,,.including, without ' limitation, title records: (including.abstracts of'title and title curative documents); computer:software relating to the, Oil and - Gas Assets; contracts, correspondence; microfiche materials; geological, geophysical and seismic records, data and information; and production records.; electric logs, core data, pressure data and decline curves and graphical production curves and all related matters. . 1.5 EXCEPTING; HOWEVER, from this Assignment the following interests of Assignor: (a) Any overriding royalty interest owned by Assignor selected- to .be held by:Assignor under the Bellwether Explorations Company Overriding,Royalty Plan (the "Plan") for the benefit of the General Employees as that term is defined' in the plan. (b) Assignor's interest in the Poudre Pipeline Partnership; (c) Any interest of Assignor in .the Properties owned indirectly through or by Assignor's wholly owned subsidiary, Bellexco, Inc.; (d). Any interest which is specifically excluded on Exhibits D, E or F. TO HAVE. AND TO HOLD the Interests unto Assignee and its successors and assigns forever, subject to the provisions of this ' Assignment. -2- • • B 1100 REC 02040180 01/23/86 09:29 $261.00 3/087 F 0783 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO PART II RESERVATIONS AND PERMITTED ENCUMBRANCES 2.1 The Interests are assigned, conveyed and excepted, with only the warranties set forth in. Part III hereof, and further subject only to the Permitted Encumbrances, which are defined as follows: - 2.1..1 Lessors'" royalties, overriding royalties, division orders and sales contracts covering oil terminable upon no more than ninety (90), days;' notice to the purchaser (subject • to applicable governmental regulations), contracts for the sale of gas or,associated liquid. or gaseous hydrocarbons whether'or not terminable upon not more than: ninety (90) days' notice to' purchaser, and reversionary interests and similar burdens if the net cumulative effect of such burdens does not reduce the. Net Revenue Interest to less than the Net Revenue Interest, set forth in Exhibits D, E and F; 2.1.2 Preferential rights to .purchase and required third-party consents to'assignments and similar agreements with respect to which waivers or consents are obtained from the appropriate parties or the time period for asserting such rights has expired without an exercise of such rights; 2.1.3 Liens for taxes or assessments not yet delinquent; 2.1.4 All rights to-consent by,. required'notices to, filings with, or other actions by, governmental entities :in connection with the sale or conveyance.of oil and;gas leases .or interests therein if the same are customarily..obtained subsequent to such sale or conveyance and Assignee hes no reason to believe' that they cannot be obtained :(other.than reasons- based:upon deficiencies relating to Assignee's lack of qualifications•.or authority to own an interest in such leases or interest therein); 2.1.5 Conventional rights of reassignment requiring less than ninety (90) days' notice to the holders of such tights; 2.1.6 Easements, rights-of-way, .servitudes, permits, surface leases and other rights in respectto..surface operations, pipelines, grazing', logging; canals:, ditches, reservoirs or the like; conditions, covenants: or other restrictions; and easements of streets, a.11eys,. highways, pipelines, telephone lines, power lines,- railways and other easements and rights-of-way, oh, over or in respect of any property; 2.1-.7 All other liens, charges, encumbrances, contracts, agreements, instruments, obligations, defects and irregularities affecting the Oil and Gas Assets thatindividually or in the aggregate do not interferermaterially with the operation, value,, or use of' any of.the.Oil and Gas Assets and do not materially prevent Assignor from receiving, the proceeds'.of production from any of the Oil and'Gas Assets; do not reduce the Net Revenue Interest of any Property-to less than the Net-Revenue Interest set forth in Exhibits D, E or F, as appropriate, and do ' not obligate Assignor ,to bear costs and expenses relating to the maintenance, development and operation of any. Property in an amount greater than the Working Interests set forth in Exhibits D, E or F; 2.1.8 The terms and conditions of all leases, agreements, orders, instruments and documents included within The Oil and Gas Assets or Section 12, 1.3 or 1.4 hereof; -3- B 1100 REC 02040180 01/23/86 09:29 $261.00 4/087 F 0784 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 2.1.9 Rights reserved to or vested in any municipality or governmental, statutory or public authority to control or regulate any Oil and Gas Assets in any manner, and all applicable laws, rules and orders of governmental authority; and 2.1.10 All liens on the Oil and Gas Assets-in favor of the Central Bank of Deliver to secure Assignor's existing indebtedness to be assumed by Assignee PART.'III WARRANTY 3.1. Assignor warrants and agrees to defend forever the title of Assignee and its successors and assigns to the Working • and Net Revenue Interests shown on Exhibits D; E and F-attached hereto against any. and all claims, defects, liens or burdens (other than Permitted Encumbrances) asserted by any person. 3..2 Assignor also hereby grants, assigns, conveys and. transfers to Assignee, its successors and-assigns, to the extent so transferable, the.benefit of and the right to enforce .the covenants and warranties, if any, that Assignor is entitled_ to enforce with respect to the Interests against Assignor's predecessors in title to the Interests. 3.3 Reference in this Assignment and the attached . Exhibits D, E and F' to: liens,. charges', encumbrancesr contracts, agreements, instruments, obligations, defects and the irregularities is for the sole purpose of protecting.the interest of -Assignor pursuant to this Warranty of Title and shall not be deemed to ratify or to create any rights in' favor of, any third party. PART IV MISCELLANEOUS 4.1 In order to effectuate this Assignment pursuant to the rules and regulations of the United States of America or: other governmental or tribal entities; authorities or agencies, Assignor, -or Assignor and Assignee; have.executed-or will execute, certain separate assignments of- indididual oil, gas and mineral leases, or: interests therein, that are incleded in the Oil and Gas Assets for filing with and approval.by, the United States of America or other governmental or tribal entities, • authorities, or agencies. Such separate assignments (a) are or will be on forms prescribed, suggested or approved by such governmental or tribal entities, authorities or agencies,.. (b) -evidence the conveyance and assignment of the applicable Interests made herein, and do not constitute any additional conveyance or assignment of the.Oil. and. Gas Assets, (c) are not intended to modify,' and. shall', not modify, any.of the terms; covenants and conditions herein set'. forth and are not intended: to create, and shall not create,: any additional covenants or warranties of or by Assignor to,Assignee, (d) shell be deemed' to contain all of the terms and provisions hereof, as fully.,and to all intents and purposes as-:though- the same. wereset forth`at length in the separate assignments, and: (e) shall.include all interests in the Oil and Gas Assets,covered thereby that Assignor may have assigned, directly or indirectly; to Assignee.- 4.2 This Assignment may be executed'•in any number of counterparts, and each counterpart hereof: shall be deemed to be an original instrument, but all such cdudterparts' shall constitute but one assignment. ' 4.3 To facilitate'recording or filing of this Assignment, each' counterpart filed with a federal, state or tribal agency or office may contain only that' portion of _4_ B 1100 REC 02040180 01/23/86 09:29 $261.00 5/087 F 0785 MARY ANN FEUERSTEIN CLERIC S RECORDER WELD CO, CO Exhibits 0, E and/or F which describes Property under the jurisdiction of.that agency-or office. Assignor and Assignee have each retained a counterpart of this Assignment with complete exhibits. 4.4 Reference is made to Exhibits D, E and F attached hereto and made a part hereof for all purposes. Reference in the exhibits to instruments on file in the .public records-are made for all purposes. Unless provided otherwise, all recording .. references in the exhibits are to tie appropriaterecords of the county or counties in which the Interests are located. 4.5 The parties agree- to take such further actions- and to execute, acknowledge and. deliver all such further documents . that- are necessary or useful' in carrying out the purposes of this Assignment. 4.6 This Assignment shall bind and inure to the benefit- of Assignor and Assignee and their respective successors and assigns. Executed on January 22, 1986, effective for all purposes as of the Effective Time. p�Ni o\ EXPLORATION COMPANY • ST�i •`�i•. a ;,, cacti' By: "LYwn • anxe2 D'.;�Reic elh , George NUbrey, President Secretary STATE OF COLORADO CITY AND ) ss• COUNTY OF DENVER The foregoing instrument was acknowledged before me this 22nd day of January, 1986, by George,Aubrey as the President of Bellwether Exploration Company, a Colorado corporation. Witness my hand and official seal. My commission expires: May 31, 1987. f S Notary Public Address: ' 370 Seventeenth Street Denver, Colorado 80202 (SEAL] : '•,qrF,:....:=per 0p co' ,,.. _5_ B 1100 REC 02040180 01/23/86 09:29 $261.00 6/087 F 0786 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO V 01 Hm 0 ..-I C1 H a 10 N ' 0 , 0 A a A O 'O O V 0 A Y 0 CO O O m o N 0 0 CO m CI H O- a W N • A 104 o.0.OD A CO .' HA 01 0 01 W Uro ' -0 0'C O-C b"11 O .40.1.1.3 3✓ >0 1+ N 0 m k 41 H 01 0 Wroi >i 0 4J a1 ,. A H 0 H 0 0 N•~I >4 O4 H •-1 O H W C . 0.0 W 0 0 3•.a M CO 0 - H .001 O m Li • 01 0 0_y C.•O mc C - -I-c --I0 0 40 A0 C) CO H 3 0 Z 0 m 0 O 10'0 0 o .y' m _ O 0 A a 14 A 39a 9 LL •Om W 0 a1 a C O1 - 0 .H m V CO -III 0 • 0 W H 0 el 0 1J CO 0. >i HOU ~-I~ . 0 b 11 C •.Ci.�i V > H 0 3 0 CO O 0 0 0 0 C W 0 H 0 0 0- •P1 0A 4) ._ OS a O 0 A 01 N 0 a.3 001- 0 H daO 4.4 1A '0H � •�V-I A:0 m44.1 H -.I C O Z '0 O I-I V y CO CP O. k row O H HH m H4.1 0 .00 -u. °.mw •.i'•i. O C 0 W C O •.i a 0 • 0 0 07 0 H- >0 '.i o m- 4J 0. 0 0 01 W CO m 001 A' '-1 Cl. C01 0 . 0 O C a •H•H .i.-I 4.1 41 0 0:0-.. .. H O 0 0 ro. 0 4s 44 L' > w m •.El..-i - °.0•°i C V 0 V a 4-I a �, M G Aro 7; A.0 •.Wi OIL >03 0 H 01 Z 41 4J -I �0 C O. ' m-.C4 c' m m 3-A1 40 H 0.i 0 •.1 0 0 :0 • -0 A 0. C) U. 3_- m0�0 2344 .i 9 0 00 4-:00.41 V0I g�ro - . . N.00 00 W m� 001"0A 0 W.i' U A 0 y p�' U� 0:1 CA m ro > 0 0 4- HCC. Y00- O H 11 0: CD 0A 0 O 0 :aa O 0- a 3. C_F1.0 3 NA0 W 2• m W W 3 m 11 0 O'. OVA > o. . 0 .1Cl : CO Z Hj1. 0.4 04 0.0:.0 .. 0 d0 X.C HY A A YH' OO" A0 COO Z.. 0AE 0.0 AI ZWO 3A H .'w W. M 11 0 .C.O- A'4. 0 - W. •-•1 .,i. @7 al EC, EA EHC mN A 11 CI U 41 • 0 0 •0 3 CO 411 4.1 0 41 w- U .-fl& 3 0 a > N 7' CO U .'y-I.0 : o Oa B 1100 REC 02040180 01/23/86 09:29 $261.00 48/087 Faa _!_ e__» �m . RECORDER WELD CO, CO ; ;I! . 1:' ,........ o l ;}! \e �.,.$ $P� 2 , z, %{ !i! 2}�}/{ t § �, . . }z%. {!!! »}�{!k \ !! }\} R\}\ :11..19&'-'g' %!!3 ; 4! ,`\1 FA ])� � , l�.lm tl=,l• . }!]g » !©13, 2, 2! :- '�; .I| . - }9 (`! - - ,;,!{ ■; � ;5. , 1, - 11,1i! !!±7{! iti} lifi) /) knIili 2/ i.fl :| re, } \}\ \ \ ^ \ § , . . ! i \ \ '.4 \ \ }. o § } ,. ! 4 . \ T 0 ( 21 / . ; � M \r \). i! i2 \} 12 ) . i ! \ I \ \ . \ Hello