HomeMy WebLinkAbout931737.tiff B 1373 REC 02324656 03 / 10 / 93 16 : 40 $ 170 . 00 1 / 034
F 1221 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO , CO
AR2324656
ASSIGNMENT
KNOW ALL MEN BY THESE PRESENTS :
THAT , In consideration of the sum of Ten Dollars
( $ 10 . 00 ) and other good and valuable consideration , the receipt
and sufficiency of which are hereby acknowledged , AMOCO
PRODUCTION COMPANY , a Delaware corporation , with an office in the
AMOCO Building , 1670 Broadway , Denver , Colorado 80202 ,
hereinafter referred to as "Assignor" or as "Amoco " hereby does
assign , transfer and convey unto HS Resources , Inc . , whose
address is 731 Sansome Street , Fifth Floor , San Francisco ,
California 94111 , its successors and assigns , hereinafter
referred to as "Assignee" or as "HSR , " all of the following :
A . All right , title and interest of Assignor in and
to the oil and gas leases described on Exhibit "A" ( attached
hereto and made a part hereof for all purposes ) , insofar as said
leases cover the lands from the surface to the top of the
Codell/Niobrara formation , excluding all other depths , zones and
formations and any and all oil and gas wells that are existing or
commenced prior to May 20 , 1992 , and subject to any restrictions ,
exceptions , reservations , conditions , limitations , burdens
contracts , agreements and other matters applicable to such leases
and interests ; provided , however , that if production is not
established from a formation shallower than the Codell/Niobrara
as of December 31 , 1994 on lands within a spacing unit covering
lands and leases assigned herein , then such rights herein
assigned shall automatically revert to Assignor on January 1 ,
1995 , free and clear of any encumbrance by , through or under
Assignee , as to the lands within each spacing unit where
production has not been established from a formation shallower
than the Codell/Niobrara as of December 31 , 1994 .
B . All right , title and interest of Assignor in , to
and under , or derived from , all presently existing and valid oil ,
gas or mineral unitization , pooling , operating and
communitization agreements , declarations and orders , as to the
properties described on Exhibit "A" .
Said lands being situated in Weld County , State of Colorado ,
( said lease ( s ) and land insofar as the lease ( s ) cover the oil and
gas mineral rights lying in and under the land as to the
subsurface depths assigned hereby are sometimes referred to
herein as " lease acreage" ) subject to the following terms ,
covenants and conditions :
1 . The lease acreage covered hereby is assigned by
the Assignor and accepted by the Assignee subject to the
overriding royalties which are of record and with which the lease
acreage is encumbered ; and the Assignee hereby assumes and agrees
to pay , perform or carry , as the case may be , each of the
overriding royalties to the extent that it is or remains a burden
on the lease acreage herein assigned . The lease acreage assigned
shall not be subject to any existing production payment or net
(Sussex A„rem„ 1 gg34137
L600181
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B 1373 REC 02324656 03/10/93 16:40 $170 .00 2/034
F 1222 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
profits interest prior to May 20, 1992 and Amoco alone shall bear
any such interests.
2. The Assignor hereby excepts and reserves unto
itself, its successors or assigns, the following:
(a) An overriding royalty of:
(1) One and four-tenths percent of eight-
eighths (1.4% of 8/8ths) of all oil, distillate, condensate and
other liquid hydrocarbons produced and saved from the lease
acreage under the lease(s) , which shall be delivered free of all
costs and expense, except taxes on production, at the well or
wells on the lease acreage or, at the Assignor's option, to the
credit of the Assignor into the pipe line to which the well or
wells may be connected;
(2) One and four-tenths percent of eight-
eighths (1.4% of 8/8ths) of the proceeds from the sale or if no
sale, the market value at the well of all gas and casinghead gas
produced and saved from the lease acreage under the leases(s) ,
which shall be paid to the Assignor free of costs and expense,
except taxes on production.
(b) A working interest of one percent of eight-
eighths (1% of 8/8ths) .
3 . With respect to the overriding royalty herein
excepted and reserved by the Assignor, the Assignor and the
Assignee agree as follows:
(a) That the overriding royalty shall extend to
any extensions or renewals of said leases(s) .
(b) That oil and gas used in drilling and
operations on the lease acreage and in the handling of production
therefrom shall be deducted before said overriding royalty is
computed.
(c) That in the event the lease(s) or interest
herein assigned cover less than all the oil and gas mineral
rights in and to the land covered by this assignment, the
overriding royalty as to such lease(s) shall be proportionately
reduced.
(d) That in the event any drilling and spacing
unit established by governmental authority for production from
the lease acreage embraces land in addition to the land covered
by this assignment, the overriding royalty shall be
proportionately reduced so as to be equal to the proportion of
the production which the number of surface acres covered by this
assignment and placed in the unit bears to the total number of
surface acres included in such drilling or spacing unit.
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B 1373 REC 02324656 03/10/93 16:40 $170 .00 3/034
F 1223 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
4. As to any wells drilled on the lease acreage by
the Assignee after the delivery of this assignment, the Assignee
shall prior to the commencement of drilling operations, give
Assignor notice thereof and shall give the Assignor access to the
wells and the derrick floor at all reasonable times, and upon
request of the Assignor, shall furnish to the assignor well
samples of all cores and cuttings consecutively taken, unless the
Assignor elects to take such samples; and, at the request of the
Assignor, the Assignee shall furnish to the Assignor copies of
any electrical well formation surveys made.
5. This assignment is made subject to all the terms
and the express and implied covenants and conditions of the
lease(s) to the extent of the rights hereby assigned, which
terms, covenants and conditions the Assignee hereby assumes and
agrees to perform with respect to the lands covered hereby. Said
terms, covenants and conditions, insofar as the lease acreage is
concerned, shall be binding on the Assignee, not only in favor of
the lessor or lessors and their heirs, successors and assigns,
but also in favor of the Assignor and its successors and assigns.
6. In the event that the Assignee should elect to
surrender, abandon or release all or any of its rights in the
lease acreage, or any part thereof, the Assignee shall notify the
Assignor not less than thirty (30) days in advance of such
surrender, abandonment or release and, if requested by the
Assignor, the Assignee immediately shall reassign such rights in
the lease acreage, or such part thereof, to the Assignor.
7. This assignment is made without warranty of any
kind, either express or implied.
8 . All notices, reports and other communications
required or permitted hereunder, or desired to be given with
respect to the rights or interests herein assigned or reserved,
shall be deemed to have been properly given or delivered when
delivered personally or when received by certified mail or
telegraph, with all postage or charges fully prepaid, and
addressed to the Assignor and Assignee, respectively, as follows:
Assignor: Amoco Production Company
P. 0. Box 800
Denver, Colorado 80201
Assignee: At the address shown on Page 1 hereof.
9. The terms, covenants and conditions hereof shall
be binding upon, and shall inure to the benefit of, the Assignor
and the Assignee and their respective heirs, successors or
assigns; and such terms, covenants and conditions shall be
covenants running with the lands herein described and the lease
acreage herein assigned and with each transfer or assignment of
the land or lease acreage.
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E 137393 0 F 1224 EC 02324656
ANN4FEUERSTEIN/CLERK6:4RECORDER.WELD CO,0CO
10. Amoco reserves and excepts unto itself, its
successors and assigns, the option and exclusive right at any
time, at all times and from time to time, to purchase all oil
distillate, condensate and other liquid hydrocarbons produced and
saved from the lease acreage or allocated to the lease acreage,
excluding any portion of the lease acreage which Amoco may have
previously released this right. Amoco shall provide reasonable
and adequate prior notice to Assignee in the event that it
exercises this right. Payment for any oil, distillate,
condensate and other liquid hydrocarbons purchased hereunder
shall be made at Amoco's posted price or if Amoco does not have a
posted price for such field, the prevailing price for production
of similar kind and quality prevailing in the field where
produced on the date of delivery.
11. Amoco reserves unto itself, its successors and
assigns, the right to use the surface of the lease acreage
assigned herein to conduct operations in those depths zones and
formations not assigned herein. The rights reserved in this
Section 11 shall be exercised in a manner which does not
materially and unreasonably interfere with Assignee's operations.
12. Amoco Production company shall purchase all gas
and casinghead gas produced and saved from the lease acreage or
allocated to the lease acreage at the wellhead under the terms of
the September 1, 1989 Gas Sales and Purchase Contract between
HSR, Elk Exploration, Inc. and Amoco, the November 16, 1990 Gas
Sales and Purchase Contract between HSR and Amoco, or any
amendments of these respective contracts, based upon the location
of the particular well, with the exception that HSR shall pay for
the costs of connecting wells to the Panhandle Eastern Pipe Line
Company Wattenberg Gathering System for wells within the lease
acreage covered by the Platteville farmout Agreement dated
March 22, 1988 between HSR and Amoco.
13 . For the purposes of this assignment, the top of
the Codell/Niobrara formation is defined to be the stratigraphic
equivalent of 6,926 feet as found in the Resistivity Log of the
Krause #28-4 well located in the NW/4SE/4, Sec. 28, T4N, R65W,
6th P.M. , Weld County, Colorado.
TO HAVE AND TO HOLD the lease acreage unto the
Assignee, its heirs and assigns, subject to the terms, covenants
and conditions hereinabove set forth.
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B 1373 REC 02324656 03/10/93 16 :40 $170 .00 5/034
F 1225 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
EXECUTED this ION, day of March, 1993, effective as
of the lOrk day of /Y)Grrh , 1911.
AMOCO PRODUCTION COMPANY
By: . 9 . c--
Its Attorney-in-Fact
ROVED STATE OF COLORADO ) q
CITY AND :ss.
COUNTY OF DENVER )
The foregoing instrument was acknowledged before me
this /U day of March, 1993, by Ron Flocard
, Attorney-in-Fact for AMOCO PRODUCTION COMPANY,
a Delaware corporation.
WITNESS my hand and official seal.
MARY LYNN GREEN
NOTARY PUBIC Notary Public
I STATE OF COLORLADO 1670 Broadway
Denver, Colorado 80202
My Commission expires:
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