-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, Lfuffpcwn+Zw3OU+VfSNBlTqW9k19QrtuKDQvu3Iaf3IwgC5HInhS3kHc0yFXBUO w36P/ljSiA7JO2y0vUM06A== 0000919297-96-000065.txt : 20030406 0000919297-96-000065.hdr.sgml : 20030406 19960920145647 ACCESSION NUMBER: 0000919297-96-000065 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 3 CONFORMED PERIOD OF REPORT: 19960916 ITEM INFORMATION: Other events FILED AS OF DATE: 19960920 SROS: NASD FILER: COMPANY DATA: COMPANY CONFORMED NAME: SAN JUAN BASIN ROYALTY TRUST CENTRAL INDEX KEY: 0000319655 STANDARD INDUSTRIAL CLASSIFICATION: OIL ROYALTY TRADERS [6792] IRS NUMBER: 756279898 STATE OF INCORPORATION: TX FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-08032 FILM NUMBER: 96632692 BUSINESS ADDRESS: STREET 1: BANK ONE TEXAS N A TRUST CITY: FT WORTH STATE: TX ZIP: 76113 BUSINESS PHONE: 8178844630 MAIL ADDRESS: STREET 1: 1600 BANK ONE TOWER STREET 2: 500 THROCKMORTON CITY: FORT WORTH STATE: TX ZIP: 76102-3899 8-K 1 Form 8-K SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): September 20, 1996 (September 4, 1996) SAN JUAN BASIN ROYALTY TRUST _____________________________________________________ (Exact name of registrant as specified in its charter) Texas 1-8032 75-6279898 ____________________________ _________________ ___________ (State or other jurisdiction (Commission File (IRS Employer of incorporation) Number) (Identification No.) Bank One, Texas, NA, Trust Department P. O. Box 2604, Fort Worth, Texas 76113 _______________________________________ __________ (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code: (817) 884-4630 Not applicable ____________________________________________________________ (Former name or former address, if changed since last report) Item 1. Not Applicable. Item 2. Not Applicable. Item 3. Not Applicable. Item 4. Not Applicable. Item 5. Other Events. See (a) Press Release dated September 4, 1996, and attached hereto as Exhibit 99.1; and (b) Letter to Unit Holders dated September 13, 1996, and attached hereto to Exhibit 99.2. Item 6. Not Applicable. Item 7. Financial Statements and Exhibits. (a) Not Applicable (b) Not Applicable (c) Exhibits (99.1) Press Release dated September 4, 1996 (99.2) Letter to Unit Holders dated September 13, 1996 Item 8. Not Applicable. SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. BANK ONE, TEXAS, NA Trustee of the San Juan Basin Royalty Trust By: /s/ Lee Ann Anderson ________________________________ Lee Ann Anderson Vice President DATE: September 20, 1996 (The Trust has no directors or executive officers.) EXHIBIT INDEX Exhibit No. Exhibit Page ____________ _____________________________________ _____ 99.1 Press Release dated September 4, 1996 99.2 Letter to Unit Holders dated September 13, 1996 EX-99.1 2 EXHIBIT 99.1 SAN JUAN BASIN ROYALTY TRUST NEWS RELEASE POST OFFICE BOX 2604 FORT WORTH, TEXAS 76113 TELEPHONE 817/884-4417 SETTLEMENT REACHED IN SAN JUAN BASIN ROYALTY TRUST LITIGATION FORT WORTH, Texas, September 4, 1996 -- Bank One, Texas, N.A., Trustee of the San Juan Basin Royalty Trust (the "Trust"), announced today the settlement of the litigation filed by the Trustee against Meridian Oil Inc. (now known as Burlington Resources Oil & Gas Company) ("Burlington") and Southland Royalty Company in the state district court of Santa Fe County, New Mexico in Cause No. SF 94-1982(c). Burlington, in consideration of the release of the disputed claims brought against it, has agreed to pay $19,750,000 in cash and to provide the Trust certain credits pertaining to lease operating expenses and gas gathering and processing charges. A protocol has been developed whereby the Trustee and Burlington will work cooperatively to effect new, more formal, financial reporting and audit procedures applicable to the Trust's net overriding royalty interest. The Trustee and Burlington have agreed to the transfer to others of Burlington's gas marketing obligations under the Trust instruments and have acknowledged that benefits will be recognized by both parties as a result of such transfer. The $19,750,000 (or $.423739 per unit of beneficiary interest) will be paid to the Trust on September 30 and distributed on October 15, 1996 to unitholders of record as of September 30, 1996. This distribution will be in addition to the regular monthly distribution on that date. The principal asset of the Trust consists of a 75% net overriding royalty interest carved out of certain of Southland Royalty's oil and gas leasehold and royalty interests in the San Juan Basin located in San Juan, Rio Arriba and Sandoval counties of northwestern New Mexico (the "Trust Properties"). Burlington is the operator of certain of the Trust Properties. ### Contact: Lee Ann Anderson Vice President Bank One, Texas, N.A. (817) 884-4630 EX-99.2 3 San Juan Basin Royalty Trust Post Office Box 2604 Fort Worth, Texas 76113 Telephone 817/884-4417 September 13, 1996 TO UNIT HOLDERS: Bank One, Texas, N.A. ("Trustee"), Trustee of the San Juan Basin Royalty Trust (the "Trust"), announced on September 4, 1996, the settlement of the litigation (the "Litigation") filed by the Trustee against Meridian Oil, Inc., now known as Burlington Resources Oil & Gas Company, ("Burlington") and Southland Royalty Company. The Litigation, which was filed in the state district court of Santa Fe County, New Mexico, Cause No. SF 94-1982(c), was dismissed on September 12, 1996. The principal asset of the Trust consists of a seventy-five percent (75%) net overriding royalty interest carved out of certain of Burlington's oil and gas leasehold and royalty interests in the San Juan Basin located in San Juan, Rio Arriba and Sandoval counties of northwestern New Mexico (the "Trust Properties"). Burlington is the operator of the Trust Properties. The claims asserted on behalf of the Trust in the Litigation included breach of contract, breach of the covenant of good faith and fair dealing, breach of express good faith duty, constructive fraud, unjust enrichment, prima facia tort, intentional interference with contract and conspiracy. The relief sought included compensatory and punitive damages, an accounting and an injunction relating to marketing the production from the Trust Properties. Burlington has denied and continues to deny the allegations made against it in the Litigation, but the parties have agreed to settle the Litigation as outlined herein. Burlington has agreed (i) to pay $19,750,000 in cash plus interest earnings thereon from September 5, 1996, in settlement of underpayment of royalty claims of the Trust; and (ii) commencing in 1997, to credit the Trust with $250,000 per year for five years as an offset against lease operating expenses chargeable to the Trust. Burlington also agreed to make certain adjustments that represent cost reductions favorable to the Trust in the ongoing charges for coal seam gas gathering and treating on Burlington's Val Verde system. Additionally, the Trustee and Burlington established a formal protocol that will provide the Trustee and its representatives improved access to Burlington's books and records applicable to the Trust Properties. Agreement was also reached regarding marketing arrangements for the sale of Trust gas, oil and natural gas liquids products going forward as follows: 1) Burlington's pre-existing contract with a third-party purchaser as pertains to baseload gas volumes in the firm amount of 45,000 MMBtu per day will remain effective for a period of one year from July 1, 1996. Negotiations for the sale of these volumes after June 30, 1997, will be entered into prior to the expiration of the primary term of that contract; 2) The remaining volumes of Trust gas will be marketed by an independent marketer, El Paso Energy Marketing Company ("El Paso"), a subsidiary of El Paso Energy Corporation, beginning October 1, 1996, under an arrangement which provides for a sharing of amounts, if any, earned in excess of established gas price threshholds. El Paso's compensation for its marketing services will consist solely of its proportionate part of any amounts for which the gas is sold in excess of the threshholds. Burlington's contract with El Paso is for a two-year term beginning October 1, 1996, subject to renewal by agreement of the parties; 3) Burlington will continue to market the Trust oil and natural gas liquids but will remit to the Trust actual proceeds from such sales. Burlington will no longer use posted prices as the basis for calculating proceeds to the Trust nor make a deduction for marketing fees associated with sales of oil or natural gas liquids products; and 4) the Trust has retained access to Burlington's current gas transportation, gathering, processing and treating agreements with third parties through the remainder of their primary term. Additionally, El Paso may utilize Burlington's eastern transportation agreement for delivery from the San Juan Basin on El Paso Natural Gas Company pipeline to pipelines in West Texas of up to 13,333 MMBtu per day of gas produced from Trust properties for a period of one year commencing October 1, 1996. Confidentiality agreements with purchasers of the gas produced from the Trust Properties prohibit public disclosure of certain terms and conditions of gas sales contracts with those entities, including specific pricing terms, gas receipt points, etc. Such disclosure could compromise the ability to compete effectively in the marketplace for the sale of gas produced from the Trust Properties. The $19,750,000 (or $.423739 per unit of beneficial interest) will be paid to the Trust on September 30 and distributed on October 15, 1996, to unit holders of record as of September 30, 1996, (the "Record Date"). The distribution will be taxable to unit holders as of such Record Date. This distribution will be in addition to the regular monthly distribution on October 15. Sincerely, /s/ LEE ANN ANDERSON _______________________ Lee Ann Anderson Vice President Bank One, Texas, N.A. (817) 884-4630 (/DOCUMENT> -----END PRIVACY-ENHANCED MESSAGE-----