HomeMy WebLinkAbout20111756 • CERTIFICATE OF CONVEYANCES
See attached.
•
• 2011-1756
Iverson Mine
Weld County Special Review Application
Page I of I
• CERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
The UNIFIED TITLE COMPANY OF NORTHERN COLORADO hereby certifies that it has made
a careful search of its records, and finds the following conveyances affecting the real estate
described herein since August 30, 1972, and the most recent deed recorded prior to August 30,
1972.
LEGAL DESCRIPTION:
See Attached Exhibit A
CONVEYANCES (if none appear, so state):
Reception No. 2366836 , Book 1420
Reception No. 1173947 , Book 1381 Page 413
The certificate is made for the use and benefit of the Department of Planning Services of Weld
County, Colorado.
This certificate is not to be constructed as an Abstract of Title nor an opinion of Title, nor a
guarantee Title and the liability of UNIFIED TITLE COMPANY OF NORTHERN COLORADO, is
• hereby limited to the fee paid for this Certificate.
In Witness whereof, UNIFIED TITLE COMPANY OF NORTHERN COLORADO, has caused this
certificate to be signed by its proper officer this 6th day of January, 2011, at 5:00 p.m.
Company: UNIFIED TITLE COMPANY OF NORTHERN
COLORAD ►r 1 �t''�
By:
Authorized Signature
O:) 3690 W 10th Street 2nd Floor
‘'.4:7 Greeley,CO 80634
Muria/ Phone 356-3551
7TLECOMPANY Fax 356-2063
•
Exhibit A
That portion of the East Half of the Southwest Quarter (E/2 SW/4)and the West Half of the
Southeast Quarter(W/2 W4)and die East Half of the Northwest Quarter(E/2 NW/4)and the
West Half of the Northeast Quarter(W/2 1014)of Section Thirty-four(34),Township SIx(6)
North, Range Matrix(66)West of the Sixth Principal Meridian, Weld County, Cclmado,
being more pattieaiuly desenlhed as follows Considering the South tine of the Southwest
Qoarke of said Section 34 as basing North 89'24'31"West and with all bearings contained
hest and se14,.thereto. Beginning at the South Quarter Corner of said Section 34,thence
along the South line oftheSomhaut Quarter Quarter of said Section 34,North 89°24'31"West 1321.98
fret so the Southwest Corner of the Southeast Queer of the Southwest Quarter of said Section
34,rid point also being the Southwest Comer of that certain parcel of land described in deed
recorded in Book 937, Reception#1859175 records of said county, thence along the Westerly
and Nortbedy line of said boot and reception number, North 00°03'45• West 1023.00 feet,
South 74.43'31"East 280.00 feet, South 85.41'31' East I75.00 feet, Math 74°34'29'East
712.00 feet to the Th a Point of Beginning,thence continuing along the Northerly line of said
Book 937,Reception#1859175,South 00'03'31"Fast 70.00 fat,thence North 74°34'29"East
116.00 feet,thence North 66'35'29•East 186.00 fat,thence North 49°03'29'East 71.30 fax
to the Netting corner obsid parcel desaSbedin Book 937,Reception#1859175,thence North
39°32'29'Fast 9430 feet,thence North 33'24'24'East 59.59 fret to a point that is 30.00 fax
south of the centerline of ao acistigg helgation ditch,thence parallel with and 30.00 feet South
of the approasnate centerline terline of said ditch the following S cons and distances, North
58'Oo'00'East I03.00 fat,North 56'40W East 341.00 tat,North 76°0}'00'East 116.00 •
fora,North son I'00'Fast 640.00 fret, North 78'58'00' East 358.46 fat to a point that is
40.00 fat west of the East line of the West Half of the Soothe=Quarter of said Section 34,
thence wad with and 40.00 feet West of said line,South 00°00'44'West 327.57 feet to the
South fine of the Northwest Quarter of the Southeast Quarnx of said Section 34,thence along
mid line South 8916'32"Eat 40.00 few to the East line of the West Half of the Southeast
Quarter of said Section 34, thence along said line Math 00°00'44' East 1359.19 feet to the
Northeast corner of the Northwest Quarter of the Southeast Quarter of said Section 34, said
point also being the approximate centerline of the Cache La;Notre River, thence along the
appradmate ntne of add river the 28 cases sod distances,South 64°54.19"
W Wat 352.00 feet,South 62'56'00'West 160.00 feet,North
77.05'00'West 197.00 fat,Nutt 51'36'00"West 150.00 feet,North 33°23'00'West 269.00
feet,North 10'28'00'East 783.00 feet,North 23'38'00'West 115.00 feet,North 55.58'00"
West 220.00 feet,North 70'40'00"West 225.00 fat,North 71.15'00'West 421.00 feet,North .
60'34'00'West 152.00 feet,South 86'28'00'West 300.00 feet,South 68'21'00"West 209.00
feet,South 48'39'00"West 283.00 feet,South 20'38'00•West 144.00 feet,South 47'36'00"
Best 355.00 fat,South 48'19'00•East 332.0o feet,South 24'53'00" East 253.00 fiat,South
41'12'00'East 242.00 feet,South }8.24'00'East 250.00 feet,South 01°08'00"East 368.00
fay South 12'25'00'West 185.00 fat,South 13'55'00•Fast 413.00 feet,South 34'45'00"
Fast 96.00 fat,South 11.58'00'Eat 267.00 fret,South 3518'00"West 150.00 feet.South
69'23'25'West 322.59 feet to the Tare Point of Beguuuag,
•
B 1420 REC 02366836 12/30/93 15:16 $15.00 1/003
F 0143 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO
AR2366836
S . STATE D0CU EIYTA FEE
PERSON/AL •
REPRESENTATIVE'S DEED Date /! 5t2 i 3
. $ `I- 5c5
THIS DEED is made by Edna Della Brown, as Personal Representative of the Estate of
Carolina Lucero,also known as Carolina M. Lucero, also known as Carrie Lucero, also known
as Carrie M.Lucero, Deceased. Grantor, to Timm D. Iverson and Jeanne Iverson, as joint tenants
with right of survivorship, Grantees, whose address is 3014 I1th Avenue, Evans, Colorado
80621.
WHEREAS, the Last Will and Testament of the above-named decedent was made and
executed in the lifetime of the decedent, and is dated April 29, 1959, which Will was duly
admitted to informal probate on May 8, 1984 by the District Court in and for the County of
Weld, State of Colorado, Probate No. 84 PR 129; and
WHEREAS, Albert G. Lucero was duly appointed Personal Representative of said estate
on May 8, 1984. Upon Albers G. Lucero's death, Grantor was duly appointed the success ar
Q i Personal representative of said estate on July 8, 1992 by the District Court in and for the County
of Weld, State of Colorado, Probate No. 84 PR 129, and is now qualified and acting in said
v any; and
NOW, THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado
f� Probate Code, Grantor does hereby sell, convey, assign, transfer and set over unto mid
Grantees, in joint tenancy, for and in consideration of Ninety-Three Thousand Dollars
• ($93,000.00), the following described real property situate in the County of Weld, State of
Colorado:
See Attached Legal Description
also known as 5011 West F Street, Greeley, Colorado 80631,
together with all appurtenances but subject to: (1) Rights of Way for County Roads 30 feet on
either side of section and township lines,as established by the Board of County Commissioners
for Weld County, recorded October 14, 1889 in Book 86 at Page 273; (2)the right of proprietor
of a vein or lode to extract or remove his ore should the same be found to penetrate or intersect
the premises thereby granted as reserved in United States Patent recorded April 26, 1888, in
Book 34, at page 319, and any and all assignments thereof or interests therein; (3) an Oil and
Gas Lease, from GILBERT G. OSTRANDER AND ESTELLE D. OSTRANDER as Lessor(s)
to H.L. WILLET as Lessee(s) for a primary term of 5 years, dated January I7, 1977, recorded
February 17, 1977 in Book 790 at Reception No. 1711675, and any and all assignments thereof
or interests therein; (4)an Oil and Gas Lease, from J.DONALD BAUER as Lessor(s)to EVAN
DUVAL JR. as Lessee(s) for a primary term of 5 years, dated February 26, 1980, recorded
March 17, 1980 in Book 898 at Reception No. 1819746, and any and all assignments thereof
or interests therein; (5)an easement for Right of Way and incidental purposes granted to CITY
OF GREELEY by the instrument recorded April 24, 1981 in Book 934 at Reception No.
1855988; (6) an Oil and Gas Lease, from CARRIE M. LUCERO as Lessor(s) to H.L.
•
.B 1420 REC 02366836 12/30/93 15:16 415.00 2/003
0144 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
WII.1217 as Lessee(s)fora primary term of-3 years, dated April 2, 1982, recorded April 23, •
1982 in Book 966 at Reception No. 1889639, and any and all assignments thereof or interests
therein; (7) terms, conditions, provisions, agreements and obligations specified under the
Pipeline Right of Way Agreement by and between EDNA DELLA BROWN A/K/A DELLA
BROWN AS POWER OF ATTORNEY FOR CAROLINA M. LUCERO, A/K/A CARRIE It
LUCERO, A/K/A CARRIE LUCERO and BM x wET1iER EXPLORATION COMPANY
recorded February 7, 1984 in Book 1020 at Reception No. 1955454; (8) any right, title or
interest of the general public, the State of Colorado and/or the United States in and to the bed
and banks of THE CACHE LA POUDRE RIVER.
Executed this oi '• day of December, 1993.
r
Edna Della Brown, Personal Representative of the
Estate of Carolina M. Lucero
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acimowlcdged before this I s t. day of December, •
1993, by Edna Della Brown as Personal Representative of the Estate of Carolina M. Lucero,
Deceased.
Witness my hand and official seal.
My commission expires: O -p9 -qq
.1\I ,.YI III„
kpTARy; Notary Puo_xc
s("a '[0.O
c;, PU..11C 17
).r�. D,
B 1420 REC 02366836 12/30/93 15:16 ;15.00 3/003
F 0145 NARY ANN PEUERSTEIN CLERK 6 RECORDER WELD CO, CO
•
• ATTACHMENT TO PERSONAL REPRESENTATIVE'S DEED
Dated December 21 0993
Grantor Edna Della Brown, as Personal Representative of the Estate of Carolina M.
Lu ca°
Grantee= Thu D. Iverson and Jeanne Iverson,as joint tenants
That portico of the East Half of the Southwest Quarter(E12 SW/4)and the West Half of the
Southeast Quarter(W/2 SE/4)and the East Half of the Northwest Quarter(E/2 NW/4)and the
West Half of the Northeast Quarter(W/2 NFJ4)of Section Thirty-four(34),Township Six(6)
North, Range Sixty-six(66) West of the Sixth Principal Meridian, Weld County, Colorado,
being more particularly dashed as follows: Considering the South line of the Southwest
Quarter of said Section 34 as bearing North 89.24'31" West and with all bearings contained
herein and relative thereto. Beginning at the South Quarter Corner of said Section 34, thence
alorgthe South line of the Southwest Quarterof said Section34,North 89°24'31'West 1321.98
feet to the Southwest Corner of the Southeast Quarter of the Southwest Quarter of said Section
34,said point also being the Southwest Corner of that certain parcel of land described in dad
recorded in Book 937,Reception#1859175 records of said county, thence along the Westerly
and Northerly line of said book and reception number, North 00°03'45" West 1023.00 feet,
South 74'43'31" East 280.00 fat,South 85°41'31" East I75.00 feet, North 74°34'29" East
272.00 feet to the True Point of Beginning,thence continuing along the Northerly line of said
Book937,Reception#1859175,South 00'03'31"East 70.00 feet,thence North 74°34'29"Easi
116.00 feet,thence North 66°36'29"Fist 186.00 fat,thence North 49°03'29"East 71.30 feet
to the Northeast coma of said parcel described in Book 937,Reception#I859175,thence North
39'32'29'East 94.50 feet,thence North 33°24'79°East 5939 feet to a point that is 30.00 fat
South of the centerline of an existing irrigation ditch,thence parallel with and 30.00 feet South
• of the approximate centerline of said ditch the following 5 courses and distances, North
58°00'00"East 103.00 feet,North 56°40'W"East 341.00 feet, North 76°09'00"East 116.00
feet, North 80.21'00'East 640.00 feet, North 78°58'00" East 358.46 feet to a point that is
40.00 feet west of the East line of the West Half of the Southeast Quarter of said Section 34,
thence parallel with and 40.00 fat West of said line,South 00°00'44'West 327.57 feet to the
South fine of the Northwest Quarter of the Southeast Quarter of said Section 34,thence along
said line South 89°36'32" East 40.00 feet to the East line of the West Half of the Southeast
Quarter of said Section 34, thence along said line North 00°00'44" East 1359.19 feet to the
Northeast corner of the Northwest Quarter of the Southeast Quarter of said Section 34, said
point also being the approximate centerline of the Cache La Poudre River, thence along the
approximate centerline of said river the following 28 courses and distances,South 64°54'19"
West 59.83 feet,South 67.42'00"West 352.00 feet,South 62°56'00"West 160.00 fat,North
77°05'00'West 197.00 feet,North 51'56'00"West 150.00 feet,North 33°23'00"West 269.00
feet,North I0'28'00"East 783.00 feet,North 23'38'00"West 115.00 feet,North 55°58'00"
West220.00 feet,North 70.40'00"West 225.00 feet,North 77°15'00'West 421.00 feet,North
60°34'00•West 152.00 feet,South 86'28'00'West 300.00 feet,South 68'21'00"West 209.00
feet,South 48.39'00°West 283.00 feet,South 20'38'00"West 144.00 fat,South 47'36'00"
Ent 355.00 feet,South 48'09'00"Eat 332.00 feet,South 24°53'00' East 253.00 feet,South
4I.12'00'East 242.00 feet,South 18'14'00°East 250.00 feet,South 01°08'00"East 368.00
feet,South 12'25'00" West 185.00 fat, South 13°55'00•East 413.00 feet,South 34°45'00"
East 96.00 feet,South 21.58'00'East 267.00 feet,South 35°113100"West 150.00 feet, South
69'23'25'West 322.59 feet to the True Point of Beginning,pXC$'7TNf2 all of the oil,gas,
and other hydrocarbons in,on,and under the property, together with the right of ingress and
egress, as well as the use of so much of the surface as may be necessary to develop and/or
puce such oil,gas,and other hydrocarbons.
•
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t4 aid parties dd.. kit pm fm and In eomidn'atioo of the stun of
f b( 1_ . $'gliere and other valuable considerations opu s
` ' ,a,T! ies.i Oa eryt tact k bad. >n al ta• of the mood pen, the receipt whereof a
" M . .ataaad aWatpeleap ,lave teased, berea ed,sold ad conveyed.and by thew pant.. do
. I +b b►se `*Iris
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dai allied lot of paced d 6M. 1]4a and bsiat in the
-
�-`�r"`;. - ^ - -a �._. Veld -State of Colon•:o, nit
l+si Ott". Ass 1$) is the Southwest (ar;),
Saari: � �iof the Southeast Quarter Sit), the
4/ t east Quarter (li sad the
r� of •
!li - e t Quarter ixt' of Section
'forth $aQge sixty-wit (66)" � + ' r ° Deg, e g at a point in the
y . `h41� a in
` s , Ltnls tented as foliose; Comweaoing •
�_, .;, . . � , .:Ikatbesst Quarter (SZk) of the South-
4"° a at thirty-four (34). thanes North
` ' ' teat* River, thence south 74°40' Zest
lost 175 feat, thence north 740 3a'
_ ' ' being the true point of beginning) , thence
C• *Set 114VSOuth butt-et Sit Cahn la Poudre River thence
tIRt'th 4 ]lost tbs re North 660 40• ":eat leafeet, thence
these, nisei ha 71b+t feet theatre North 390 36' Neat 94.5 feet,
450 28' Mast 101 feet thence North 55° lO' East 246
ness ligt hl a Seth 60e 34' moist 13a Pest, thence North 78° 00' mast
¢
reel, these. North 790 55' :goat 576.5 feet, thence North 770 53'
{ Boa e_404.5 if thet Smith 176feet, more or iris, to the South
Quarter t) of the Southeast :carter I3 )
Sf gait leatien Shirty-foals (34), thence lost 40 feet to Zest line
Of snit Porthwest Quarter (Nut) of the Southeast ,uarter (a4,) of
t suit Smitten thirt7'+fsu! (34), thence North along the dust line of
said northwest gnarlier (UW4) of the Southeast :uartsr (8x4) and the
Southwest garter (al) of the northeast Quarter (Na,,) of said
swots* fear► to the Seater of the Cache la toudre. niver,
fellowlag the eater of said Cache la Poudre river through the
(SSt) of the Northeast Quarter (N1.4), the Southeast
SsMte of the Northwest Quarter (Nrt and the Northeast
4C14ei er t$ )) of the Southwest quarter (Se and the southeast
Quarter SS ) of the Southwest Quarter ((((Stn of said Section shirt -
toO (34) is a wester na 7
' WNtle rthsllrr, southerly, southeasterly and
tllt west channel of sold
river to
IMaY� WO 6wswish all ditch s sad ell ditch,
•a�ilonging. or is say way appertelolog
4 2a .eu sa thereof, ant especially 94 shares of •
seek Greeley Irrigation Companl
and any aannt all r tot i�hEes of wayin United
ase ants, h wsoeverseviderced
new existing over stud across said premises, and subject further to any
lien arising by virtue of said premises beinc if:cl.a�eu within the
boshaarlee of Northern Colorado »stet Coo ervency Listrict.
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t-.ey ere tall'SW a the Ps.—L.Ogee. ....,ed.aad ts�ii.Ysee:felt•a►wSs sad iadelewd.'h Made 3..
of:_..... .is lads: tor )b4^Ve ai�ad hR�«iin ad mired
ass,* a gram.iaiSa. .f
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wise
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and the abo.e WRacd y�eee I.die
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• survivor at them. Nefr aeei it sad the Mrs sad moan el ettcb wrier.ayafa aitaaa Beery Pe+taa « ewsuae
t.wf ehk g «is ..... S. dale or tray psst theroef. the aid pat L eS el the Est Part Jell sad wit
WARRANT AND FOREVER DEFEND.
IN WImESs WHEREOF,do add part ieaai the On* tan have basso two their hand s and 111�►�■s
.eat?the day sad year ins above wrlltea - +vim+:
Sired So mad
Deemed m 14 the eseaee of ?- J y `" St;, ar-
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•
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0
• DEEDS AND LEASE AGREEMENTS
Attached are the following documents:
• The deed for the property owned Tim and Jeanne Iverson.
• Sand and Gravel Lease between Lafarge West, Inc. and Tim and Jeanne Iverson
•
•
Iverson Mine
Weld County Special Review Application
Page I of I
B 1420 REC 02366836 12/30/93 15:16 $15.00 1/003
F 0143 MARY ANN FEUERSTEIN CLERK a RECORDER WELD CO, CO
A m2366836
68 36
• • STATE D0CO EIYTAY FEE
PERSONAL REPRESENTATIVE'S DEED Date /�'�s'<? / ,7;
THIS DEED is made by Edna Della Brown, as Personal Representative of the Estate of
Carolina Lucero, also known as Carolina M. Lucero, also known as Carrie Lucero, also known
as Carrie M.Lucero, Deceased. Grantor, to Tim D. Iverson and Jeanne Iverson, as joint tenants
with right of survivorship, Grantees, whose address is 3014 11th Avenue, Evans, Colorado
80621.
WHEREAS, the Last Will and Testament of the above-named decedent was made and
executed in the lifetime of the decedent, and is dated April 29, 1959, which Will was duly
admitted to informal probate on May 8, 1984 by the District Court in and for the County of
Weld, State of Colorado, Probate No. 84 PR 129; and
WHEREAS, Albert G. Lucero was duly appointed Personal Representative of said estate
on May 8, 1984. Upon Alberni G. Lucero's death, Grantor was duly appointed the successor
Qi i Personal representative of said estate on July 8, 1992 by the District Court in and for the County
of Weld, State of Colorado, Probate No. 84 PR 129, and is now qualified and acting in said
capacity; and
NOW, THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado
Probate Code, Grantor does hereby sell, convey, assign, transfer and set over unto said
Grantees, in joint tenancy, for and in consideration of Ninety-Three Thousand Dollars
• ($93,000.00), the following described real property situate in the County of Weld, State of
Colorado:
See Attached Legal Description
also known as 5011 West F Street, Greeley, Colorado 80631,
together with all appurtenances but subject to: (1) Rights of Way for County Roads 30 feet on
either side of section and township lines, as established by the Board of County Commissioners
for Weld County, recorded October I4, 1889 in Book 86 at Page 273; (2)the right of proprietor
of a vein or lode to extract or remove his ore should the same be found to penetrate or intersect
the premises thereby granted as reserved in United States Patent recorded April 26, 1888, in
Book 34, at page 319, and any and all assignments thereof or interests therein; (3) an Oil and
Gas Inv., from GILBERT G. OSTRANDER AND ESTELLE D. OSTRANDER as Lessor(s)
to H.L. WILLET as Lessee(s) for a primary term of 5 years, dated January 17, 1977, recorded
February 17, 1977 in Book 790 at Reception No. 1711675, and any and all assignments thereof
or interests therein; (4)an Oil and Gas I rase, from I. DONALD BAUER as Lessor(s)to EVAN
DUVAL M. as Lessee(s) for a primary term of 5 years, dated February 26, 1980, recorded
March I7, 1980 in Book 898 at Reception No. 1819746, and any and all assignments thereof
or interests therein; (5) an easement for Right of Way and incidental purposes granted to CITY
OF GREELEY by the instrument recorded April 24, I981 in Book 934 at Reception No.
1855988; (6) an Oil and Gas Lease, from CARRIE M. LUCERO as Lessor(s) to H.L.
•
B 1420 REC 02366836 12/30/93 15:16 ;15.00 2/003
F 0144 MARY ANN FEtTERSTEIN CLERK & RECORDER WELD CO, CO
WILLEIT as Lessee(s)for a primary term o13 years, dated April 2, 1982, recorded April 23, •
1982 in Book 966 at Reception No. 1889639, and any and all assignments thereof or interests
therein; (7) terms, conditions, provisions, agreements and obligations specified under the
Pipeline Right of Way Agreement by and between EDNA DELLA BROWN A/K/A DELLA
BROWN AS POWER OF ATTORNEY FOR CAROLINA M. LUCERO, A/K/A CARRIE M.
LUCERO, A/K/A CARRIE LUCERO and BELLWETHER EXPLORATION COMPANY
recorded February 7, 1984 in Book 1020 at Reception No. 1955454; (8) any right, title or
interest of the general public, the State of Colorado and/or the United States in and to the bed
and banks of THE CACHE LA POUDRE RIVER.
Executed this oil W'- day of December, 1993.
t ..„ZaL4
Edna Della Brown, Personal Representative of the
Estate of Carolina M. Lucero
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before this Is t. day of December, •
1993, by Edna Della Brown as Personal Representative of the Fttate of Carolina M. Lucer°,
Deceased.
Witness my hand and official seal.
My commission expires: 1DG-o -qrl
G �pTAR Y• Pu�sl't•.9 0,e211
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•B 1420 REC 02366836 12/30/93 15:16 ;15.00 3/003
F 0145 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO
• ATTACHMENT TO PERSONAL REPRESENTATIVE'S DEED
Dated December 21 , 1993
Grantor. Edna Della Brown, as Personal Representative of the Estate of Carolina M.
barn
Glam. Thu D. Iverson and Jeanne Iverson,as joint tenants
That portion of the East Half of the Southwest Quarter(EJ2 SW/4)and the West Half of the
Southeast Quarter(W/2 SW4)and the East Half of the Northwest Quarter(E/2 NW/4)and the
West Half of the Northeast Quarter(W/2 NE/4)of Section Thirty-four(34),Township Six(6)
North,Range Sixty-six(66) West of the With Principal Meridian, Weld County, Colorado,
being more particularly deserted as follows: Considering the South line of the Southwest
Quarter of aid Section 34 as bearing North 89'24'31" West and with all bearings contained
herein and relative thereto. Beginning at the South Quarter Conner of said Section 34, thence
along the South line of 1heSouthwest Quarterof said Section 34,North 89°24'31"West 1321.98
feet to the Southwest Corner of the Southeast Quarter of the Southwest Quarter of said Section
34,aid point also being the Southwest Corner of that certain parcel of land described in deed
recorded in Book 937,Reception#1859175 records of said county, thence along the Westerly
and Northerly line of said book and reception number, North 00°03'45" West 1023.00 feet,
South 74'43'31" East 280.00 feet,South 85°41'31' East I75.00 feet, North 74°34'29" East
272.00 fat to the True Point of Beginning,thence continuing along the Northerly line of said
Book 9'37,Reception#1859175,South 00'03'31'East 70.00 feet,thence North 74°34'29"East
116.00 feet,thence North 66'36'29'East 186.00 feet,thence North 49'03'29"Past 71.30 feet
to the Northeast corner of said parcel described in Book 937,Reception#1859175,thence North
39'32'29"East 9430 feet,thence North 33'24'29"East 5939 feet to a point that is 30.00 fat
South of the centerline of an existing irrigation ditch,thence parallel with and 30.00 feet South
• of the approximate centerline of said ditch the following 5 courses and dlstances, North
58°00'0D"East 103.00 fat,North 56°40'00'East 341.00 feet, North 76°09'00"East 116.00
fat,North 80°11'00'East 640.00 feet,North mentor Ent 358.46 feet to a point that is
40.00 feet west of the East line of the West Hsif of the Southeast Quarter of said Section 34,
thence paralld with and 40.00 feet West of said line,South 00°00'44'West 327.S7 feet to the
South line of the Northwest Quarter of the Southeast Quarter of said Section 34, thence along
said line South 89°36'32 East 40.00 feet to the East line of the West Half of the Southeast
Quarter of said Section 34, thence along said line North 00°00'44" East 1359.19 feu to the
Northeast corner of the Northwest Quarter of the Southeast Quarter of said Section 34, said
point also being the approximate amlerline of the Cache La Poudre River, thence along the
approximate centerline of said river the following 28 courses and distances,South 64°54'19"
West 59.83 feet,South 67°42'00"West 352.00 feet,South 62°56'00"West 160.00 foci,North
77°05'00"West 197.00 feet,North 51°56'00'West 150.00 feet,North 33°23'00"West 269.00
fat,North 10'28'00"East 783.00 feet,North 23'38'00"West 115.00 feet,North 55°58'00'
West 220.00 feet,North 70'40'00°West225.00 feet,North 77°13'00'West 421.00 feet,North
60'34'00'West 152.00 feet,South 86'28'00"West 300.00 feet,South 68"21'00"West 209.00
fact,South 48°39'00'West 283.00 feet,South 20'38'00'West 144.00 feet,South 47'3600*
East 355.00 fat,South 48'09'0D"East 332.00 fat,South 24°53'00"East 253.00 feet,South
4I°12'00"East 242.00 feet,South 18'14'00"East 250.00 feet,South 01°08'00"East 368.00
feet,South 12.25'00"West 185.00 fat, South 13'55'1)("East 413.00 fret,South 34'45'00"
East 96.00 feet,South 11°38'00'East 267.00 feet,South 35°18'00'West 150.00 feet,South
69'23'25"West 322.59 feet to the True Point of Beginning,LCCEPfING all of the oil,gas.,
and other hydrocarbons in, on, and under the property, together with the right of ingress and
egress, as well as the use of so much of the surface as may be necessary to develop and/or
produce such oil,gas,and other hydrocarbons.
•
1
i
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,e ,
GRAVEL PROPERTY LEASE WITH RIGHT OF FIRST REFUSAL i
I
THIS INDENTURE,dated this 191 day in(ry)i(_,2004 (hereinafter referred to as
the"Lease"),by and between Mr.Timothy Iverson and Ms.Jeanne Iverson,whose address is 5011 F
Street,Greeley,CO 80631 (hereinafter collectively referred to as"Lessor")and LAFARGE WEST, I
INC., a Delaware corporation(hereinafter referred to as the"Company"),with its address at 1400 I
i
West 641h Avenue, Denver, Colorado 80221,Attention: Front Range Aggregates Land Manager.
i
, I
WITNESSETH
In consideration of the sum ofad by the Company to or on
behalf of Lessor,the receipt and sufficiency of which is herebyacknowledged by Lessor,and on and
subject to the terms and conditions provided in this Lease,Lessor hereby leases,lets and demises to
the Company the Materials as defined herein, in, on and under the real properties situate in Weld
County and described in Exhibit A attached hereto and made a part of this Lease(hereinafter referred
to as the "Property"), and the exclusive right to sample, drill, and test for, develop, mind, quarry,
extract, process, sell, use and remove them during the Term of this Lease, along with the right to
locate and operate and /or sublease aggregate, asphalt and concrete plants and with associated
easements as provided herein.
1. Definitions.
(• A. Lease Year shall mean a period of one year beginning on the date which the Lease is
executed by Lessor or on any annual anniversary thereof.
B. Materials shall mean stone, sand and gravel and any overburden and valuable solid
minerals,other than hydrocarbon minerals such as coal,oil,gas and associated liquid hydrocarbons,
that are removed incident to sand and gravel operations hereunder and which are saleable and F
recoverable from the Property in the course of such operations.
C. Plant shall mean a portable and/or fixed facility for processing, storing, washing,
sorting, handling loading and shipping of Materials, along with ancillary facilities, and shall also
mean a concrete or asphalt batch plant.
2. Term. The Term of this Lease shall be an initial period often(10)years commencing ,
on the 1st day of 2004, and ending on the 30th day of , 2014 ("Term"). The
Company may obtain a five(5)year extension of the Term after the end of the initial Term by written
notice to Lessor prior to the end of the initial Term. The period of any extension of the initial Term
pursuant hereto shall likewise be considered to be within the Term of this Lease.
0
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3. Sales Royalties.
A. Subject to Paragraphs 3.B. and 4, for all Materials sold from the Property
during each calendar month,the Company shall pay to Lessor a royalty at the rate ogle
per product ton of 2.000 pounds(the"Base Royalty")within twenty(20)days after the close of such
calendar month.
B. The royalty rate shall be adjusted every year on the first day of the month
following the'anniversary of the date this Tease becomes effective (the"Adjustment Date"). The
basis for this adjustment shall be the Producer Price Index—Construction Sand/Gravel/Crushed
Stone—Series ID No. WPU 1321,published by the United States Department of Labor,Bureau of
Labor Statistics (the "Index"). The adjusted royalty shall be determined by dividing the monthly
Index last published before such Adjustment Date by the monthly Index last published when this
Lease becomes effective and then multiplying the quotient by the Base Royalty so as to increase or
decrease the Production Royalty rate per ton beginning on the first Adjustment Date and each
subsequent Adjustment Date thereafter based on such calculation. The foregoing ratio of Indexes
shall be calculated on data with base year 1982 = 100 until the Bureau of Labor Statistics publishes
data with a new base period.If the Index just described or one reasonably similar thereto is no longer
published,then an index or adjustment accomplishing as nearly as practical the result which would
have been obtained by using the stated Index if it had been available shall be selected by agreement
of the parties hereto.
•
C. The Company shall keep and maintain adequate and accurate records of the
quantities of Materials mined and sold. The royalty payments shall be accompanied by a monthly
statement with the royalty calculation that includes an accounting of the tons of Materials mined
from the Property and sold or deemed sold pursuant to Paragraph 5.C. for the month. Lessor shall
have the right at all reasonable times during business hours and upon reasonable prior notice to
examine such records of the Company at the offices of the Company and to verify the quantities of
Materials removed,and sold and the accuracy of the scales used to weigh the Materials.
4. Advance Minimum Royalties.The Company shall pay uallyto Cr for the
benefit of the Lessor. The initial Spayment shalt be made at the time this Lease commences.
All payments shall be deemed"Advance Minimum Royalty"and shall apply to maintain the Lease in
effect for the period commencing on the date this Lease becomes effective to the final Term of the
Lease.
The cumulative amount of Advance Minimum Royalty the Company is required to pay during the
term of this Lease shall in no event exceed the lesser of:
a. AM or
b. the equivalent of the production royalty (using the Base Royalty rate) one
a of the mineable and permitted quantity of the Materials that the
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Company determines are economically recoverable and salable from the Property
(after processing and allowing for rejection of tailings), based upon calculations in
accordance with recognized industry standards and practices. If the base Volume of
2,200,000 feed tons changes from the time this lease is executed to the time
production of materials begins due to permit restrictions, recalculations,third party
interests or similar changes in the existing mine plan,then the maximum cumulative
amount of advanced minimum royalty the Company is required to pay during the
term of the Lease shall be adjusted using the above formula and new base feed ton
volume.
The Advance Minimum Royalty payment for a Lease Year shall be due on or'prior to
commencement of that Lease Year. Amounts paid as Advance Minimum Royalty shall be credited
as an advance payment of and applied to reduce Material tonnages otherwise subjept to the
Production Royalty pursuant to Paragraph 3,based upon the tonnage associated with the royalty rate
in effect at the time the Advance Minimum Royalty is paid. Sales Royalties paid pursuant to
Paragraph 3,after taking into account Advance Minimum Royalties paid pursuant to this Paragraph,
shall be applied in succeeding years to reduce amounts subsequently payable as Advance Minimum
Royalty.Upon termination of this Lease for any reason,the obligation to make Advance Minimum
Royalty payments shall likewise terminate except as to payments that became due prior to
termination.
• There is no implied covenant or obligation of the Company to develop or mine the Property or to sell
Materials. The Company may maintain this Lease in effect for the term of the Lease by making the
annual Advance Minimum Royalty payments described in this Paragraph 4.
5. Weighing of Materials; Commingling. For purposes of calculation of Production
Royalty,quantities of Materials removed from the Property on which Production Royalty is due will
be measured as follows:
A. Use of Scales. All Materials shall be weighed on a certified scale upon sale
and removal from the Company's Plant site. If Materials on wh)ch Production Royalty ig due are
mixed with non-excavated materials(for example,in case of mixing sand and gravel with water and
Portland cement in the concrete batch Plant), then for the purpose of calculating the Production
Royalty, the weight of the Subject Minerals used in the mixture will be determined using the
certified scales at the batch Plant that measure the weight of the materials that comprise the mixture
and deducting the weight of the added non-excavated materials,if necessary.
B. Scale Adjustments. Accuracy of the scale shall be checked and adjustments
made at least as often as required to continue to be certified. Records of the accuracy check and
adjustments shall be preserved and made available in the same manner as other records.
C. Commingling. The Company may commingle Materials extracted from the
Property with Materials extracted and removed from other properties. In order to fairly and properly
allocate production between properties from which commingled Materials are extracted,the pit-run
• 3
•
Materials extracted from each property shall be weighed prior to commingling on certified conveyor
baits scales upon removal from the relevant property. Records will be kept as to the:tonnages
removed from each property, and the total production for each calendar month will be attributed to
each property pro-rata,after adjustment of the total tonnage of pit run from all properties for washed
fines-and tailings pursuant to Paragraph 5.D. below. Materials from one property added to a
stockpile at any time during a calendar month shall be deemed added simultaneously and pro rata
with Materials from any other Property. The quantity of material determined to be in the stockpile as
of the commencement of any calendar month shall be deemed sold and removed, on a first-in
first-out basis,prior to the sale of any Materials added to the stockpile during a subsequent calendar
month The Company's measurement and determination shall be conclusive.
D. Allowance for Tailings. Tonnage for purposes of calculation of Production
Royalty shall be based on processed Materials sold. If Materials are not being commingled from
separate properties, then the tonnage sold shall be calculated pursuant to Paragraph 5.A. above. If
due to commingling, Materials are weighed as pit run before processing and sale by the Company
pursuant to Paragraph 5.A.,above,the weight of tailings and washed fines shall be deducted from the
total pit run weight of the Materials attributed to each property for purposes of calculating Sales
Royalties. Both parties agree that as much as approximately twenty percent(20%)of the minable in
situ (in place, in the ground) sand and gravel onsite may need to be rejected as washed fines or
tailings or otherwise in order to meet commercial specifications for salable Material.
6. Water Augmentation and Dewatering. Lessor shall be responsible for any
augmentation plan made necessary by the Company's surface exposure of groundwater,dewatering
or mining operations on the Property. If the State Engineer determines that a temporary plan is
necessary for the Company's operations on the Property,Lessor shall provide the water required for
the Company to implement any such temporary substitute supply or augmentation plan. If Lessor
fails to obtain the necessary plan of augmentation,or substitute source of supply,or otherwise fails to
supply necessary water and water rights, the Company may do so and charge the cost thereof to
Lessor. Such estimated cost shall be amortized by renegotiation of the annual Advance Minimum
Royalty and the Production Royalty rate, applied to the estimated Material to be removed, over the
life of the deposit on the Property.
7. Operations.
A. The Company shall conduct its operations on the Property in a prudent and
workmanlike manner and in accordance with good and accepted mining and business practices and
in compliance with all applicable federal, state and local laws, rules and regulations and all
applicable permits.The timing,nature,manner and extent of mining operations,processing and sales
shall be within the sole discretion of the Company,and the Company shall not be required to mine,
preserve or protect in its operations any Materials which, under good mining practices, cannot be
mined or sold at a reasonable profit to the Company at the time they are encountered.
B. The Company shall have the right to construct,maintain,and use roads,pipe
lines,power lines,telephone lines,and stockpile areas and any right-of-way it deems necessary or
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desirable for its operations on the Property related to the Company's operations under this Lease.The
Company shall have the right during the Term of this Lease and without payment to Lessor(except
for Sales Royalties payable pursuant to Paragraph 3 and Advance Minimum Royalties payable
pursuant to Section 4)to strip and remove overburden and otherwise to use and occupy the Property
as is reasonably required in connection with mining, quarrying, extracting, processing(including
tailings-washed fines storage facilities),storage,transportation,sale and removal of Materials from
the Property and from other properties on which the Company is conducting operations. The
Company shall not stockpile overburden material,tailings,or waste material from other properties
without prior written consent from the Lessor.
C. The Company shall have the right to construct and maintain Plants on the
Property at a location selected by the Company,and Lessor agrees that the Company shall have full
right of access for the construction,use and maintenance of the Plants and for stockpiling Materials
processed or to be processed, whether from the Property or from other properties on which the
Company is conducting operations. Any access easements and the location and alignment or
realignment of any conveyor shall be agreed upon by the Lessor, which agreement shall not be
unreasonably withheld. Any access easement and conveyor easement shall be 50 feet in width in the
original Property area. Any conveyor easement shall include but not be limited to the right to
construct,operate,maintain, repair and remove a conveyor system and similar,related or incidental
improvements for purposes of transporting Materials across the Property. The Company shall have
the right to place washed fines in mined out areas at no additional cost to Company under this Lease.
D. Notwithstanding the Company's rights to conduct operations on the Property
hereunder,extraction and other operations will not occur immediately adjacent to(within 200 ft.)the
existing residence on the Property without Lessor's express consent.
The Company shall consult with Lessor with respect to all permit applications,plans and designs of
the Company;provided, however, that all final decisions on mine plans, operations, reclamation,
permits and other plans of operations shall be in the Company's sole discretion and control. The
Company agrees to use best efforts to investigate and negotiate with the Lessor mutually beneficial
reclamation plans and other operations utilizing the Company's equipment and expertise that will
accommodate, facilitate and enhance Lessor's development of the Property and use thereof after
completion of the Company's operations. The Company shall not be required agree to plans that
increase its costs over those the Company is required by law to incur in connection with reclamation
unless the Company and Lessor reach agreement as to reasonable compensation to the Company by
Lessor as to extra work or improvements made for Lessor's benefit for the non-mining or post-
mining use of the Property. For example, if the reclamation plan developed with the approval of
Lessor includes permanent improvements,such as lining of the pits or construction of slurry walls,
that provides benefits to Lessor in the form of creating marketable water storage capacity or the
reduction or elimination of augmentation requirements that Lessor would otherwise have to satisfy
with water rights Lessor is required to provide under Section 6,then Lessor agrees to compensate the
Company for such improvements at rates customarily charged by the Company to third parties for
such work at the time performed. The Company shall be entitled to recover such compensation from
• 5
payments thereafter otherwise due Lessor from the Company, or if the compensation exceeds
payments remaining due, then Lessor shall pay such compensation directly to the Company and the
Company shall have a lien on the Property until paid in full.
E. The Company hereby agrees to apply for zoning classifications,variances or
exceptions, and governmental approvals, permits, licenses or rights related to and required for the
Company's operations hereunder, at the Company's cost.The Lessor agrees to cooperate with the
Company in obtaining such approvals and to execute or join in applications, plats and other
documents which are required to obtain the same that are reasonably required in connection with the
operations that are contemplated under this Lease;provided, however, the Company shall provide
bonds or other financial assurance for its operations, including for the restoration,reclamation or
rehabilitation of the Property,as maybe required or advisable to obtain such permits and akprovals.
F. The Company is aware that the Property is currently farmed and an oil and gas
lease exists on the Property. In planning and conducting its operations on the Property,the Company
will work with Lessor to minimize damage to crops and the oil and gas operations currently
conducted on the Property.The Company shall pay Lessor and/or the current farm tenant the agreed
upon fair market value of any crops growing on the Property which are destroyed or damaged by
operations conducted by the Company on the Property under this Lease.The Company shall also be
responsible for any damages its operations cause to any vested right of the existing oil and gas lessee
on the Property. Rights of any future oil and gas lessees are subject to Paragraph 11.D.
G. Lessor shall have the right in the future to continue farming operations on the •
Property during the Term of this Lease,if and to the extent that those operations do not interfere in
any manner with the Company's current or planned operations. Any renewal or extension of the
existing farm lease,or any new farm lease shall be made expressly subject to the Company's rights
hereunder,and the Company shall have no obligation to pay Lessor or any farm tenant for damage to
crops.
H. Lessee agrees that it will use reasonable efforts to mine the Property
expeditiously and,in planning such operations,will take into account Lessor's desire to complete the
mining operations on the Property within seven (7) years from the date of this Lease agreement.
However, the parties acknowledge that mining operations are subject to market conditions and
operational considerations that may affect the mining schedule.
8. Waiver of Lateral Support. Lessor hereby waives the lateral support for mining
•
purposes for the portions of the Property abutting boundary lines between the Property and adjacent
properties that are owned or leased by the Company.
9. Liabilities.
A. Company shall defend and indemnify and hold harmless the Lessor and
Lessor's agents and employees from and against any and all claims, demands, judgments and
liability, including reasonable attorney fees and expert fees,by or to any and all third parties in any
6 •
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way related or connected to Company's use or operations of or on the Property while this Lease is in
effect including,without limitation, claims,demands,judgments and liabilities that may arise as a
result of the negligent acts or omissions of Company or its agents, representatives; officers,
employees, lessees and contractors in,on or about the Property.
B. Lessor shall defend and indemnify and hold harmless the Company and the
Company's agents and employees from and against any and all claims, demands,judgments and
liability, including reasonable attorneys fees and expert fees,by or to any and all third parties in any
way related or connected to the use or operations of Lessor on the Property while this Lease is in
effect,or the presence of Lessor or Lessor's farm tenants,agents,employees,licensees or invitees on
the Property. -
C. The Company shall defend, indemnify, and hold harmless Lessor from any
and all liability resulting from its operations hereunder pursuant to all local, state and federal
environmental laws, ordinances, rules and regulations, including but not limited to, the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.
§ 9601 et seq.)and the Resource Conservation and Recovery Act(42 U.S.C.§ 6901 etseq.),as any
of such laws, ordinances,rules and regulations have been or are amended from time to time.
D. The foregoing indemnifications shall all survive the termination of this Lease.
The indemnity provisions set forth in this Lease shall apply to amounts paid in settlement of a claim
• by an indemnified party only if such settlement is approved by the indemnifying party, which
approval shall not be unreasonably withheld.
10. Insurance.
A. The Company shall maintain at it sole expense and at all times statutory
Worker's Compensation Insurance coverage as required under the laws and regulations of the State
of Colorado for all its officers and employees who perform work for the Company hereunder.
B. The Company shall purchase, at its sole expense, and shall maintain at all
times the following minimum insurance protection.
i. Comprehensive General Liability in the amount of $1,000,000
combined single limit;
ii. Employer's Liability Insurance in the amount of $100,000 each
occurrence;
iii. Automobile Liability Insurance in the amount of$1,000,000 combined
single limit; and
• -7
iv. Adequate and reasonable insurance for other risks ordinarily insured
against in similar operations.
C. The Company agrees that it shall require all independent contractors,
contractors and subcontractors who perform work in connection with the Property to have similar
and adequate insurance in full force and effect.
11. Title.
A. Lessor warrants that Lessor owns the surface estate and the Materials within
the Property, and Lessor agrees to defend said title against all adverse claims.
B. The Company has accepted Lessor's title as marketable, to the best of its
knowledge.as of the date of this Lease. If subsequent thereto the Company determines that Lessor's
title to the Property and Materials is not good and marketable,the Company shall so notify Lessor in
writing, in which case Lessor, at Lessor's cost, shall correct the specified title defects. If any title
defects which render the title unmarketable or adversely affect the Company' right to mile are not
cured within sixty(60)days after receipt of such notice,the Company, at its option,may terminate
this Lease without any further obligation to Lessor or, at its option,may resolve the adverse claim
and deduct the costs incurred from payments otherwise due Lessor. The Company shall, as part of
such termination,have the right at its option to have any and all prepaid royalties not offset by Sales
Royalties refunded to the Company.
C. Without regard to the warranties of title given to the Company by Lessor,if
Lessor own less than one hundred percent (100%) of the Materials under all or any portion of the
Property,then the amounts payable to Lessor hereunder as Advance Minimum Royalty payments and
Sales Royalties shall be reduced in the proportion that the interest of the Lessor in the Materials
bears to one hundred percent(100%)of the Materials within the Property.
D. Lessor shall not enter into any new oil and gas leases or other new agreements
regarding oil and gas operations of the Property during the Term of this Lease, except under
conditions which prohibit surface entry or occupancy and interference in any manner with the
Company's operations on the Property. With respect to new wellsites and other surface facilities
under existing oil and gas leases, Lessor shall promptly notify the Company of any notices or
requests by an oil and gas operator regarding surface use and hereby authorizes the Company to use
reasonable efforts to obtain understandings with the oil and gas:lessees or operators to minimize
impact of such wellsites and other surface facilities on the Company's sand and gravel operations on
the Property. Lessor shall reasonably cooperate with requests by the Company for assistance in the
Company's efforts to negotiate surface use agreements with the oil and gas operators relative to
existing leases.
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E. Lessor represents that the Property constitutes a legal lot under applicable law
and that no subdivision approval is required for the Company's operations on the Property or for the
`ranting of this Lease.
12. Right of First Refusal. If at any time during the Term of this Lease Lessor receives an
offer to purchase all or any portion of the Property or any interest therein for a price and on conditions
that Lessor is willing to accept,then Lessor shall give the Company notice of such offer and a copy of
the offer,and the Company shall have thirty(30)days after receipt of such notice to elect to match the
offer, and the Company and Lessor shall thereafter close the purchase and sale of the Property or
relevant portion thereof in accordance with such offer or as they may otherwise agree. If the
Company does not exercise its preemptive right hereunder,Lessor shall thereafter be free to close the
purchase and sale of the Property, subject to this Lease, on terms no less favorable to Lessor than
those submitted to the Company by Lessor, free and clear of the Company's preemptive right for a
period of 90 days after the Company failed to exercise the right. If no such sale is closed within the
90-day period, this right of first refusal shall be revived in the Company.
13. Null and Void Agreements; Exception for Affiliate. Any entry by Lessor into an
agreement affecting the Property in violation of Paragraphs 12 shall be null and void and of no force
and effect. Transfer by Lessor of the Property or any interest therein to a corporation, limited
liability company,partnership or other entity wherein the owner or owners thereof are Lessor and/or
an immediate family member of Lessor shall not be a transfer subject to Paragraph 12,provided that
•
the transferee agrees to be bound by this Agreement,including Paragraph 12.
14. Taxes. During the term of this Lease, the Company shall pay when due all ad
valorem property taxes assessed on the production, severance or extraction of Materials from the
Property. In addition,the Company shall pay all personal and real property taxes assessed against
machinery,tools,equipment,supplies,buildings,improvements,pipelines,stockpiles of Materials,
and other property and/or fixtures placed by Company on the Property. Lessor shall pay all other real
property taxes on the Property and on any improvements thereron, including without limitation,
improvements that Lessor installs on the Property for Lessor's own purposes, and any taxes
attributable to the production royalty or to Lessor's farming operations.
15. Labor and Materials.The Company agrees to keep the Property free and clear of liens,
charges,claims or demands arising from the Company's operations hereunder and to promptly pay
for all labor performed on the Property and for all supplies,materials, and equipment used or placed
on the Property. The Company shall defend,indemnify and hold harmless Lessor from and against
any and all claims,charges,demands,causes of action,damages and liability,including reasonable
attorneys fees and expert fees, that arise from or are connected to the acts or omissions of the
Company hereunder or to those of its contractors, subcontractors, employees, officers, agents or
lessees in regard to providing labor and acquiring or installing materials,equipment and supplies for
operations under this Lease. The Company may contest in good faith any lien; provided that the
Company shall not allow title to the Property or any portion of it to be lost.
• -9-
16. Termination.
A. Lessor shall have the right at Lessor' option to terminate this Lease if the
Company fails to perform any of its obligations hereunder as follows:
i. If the Company fails to pay when due any amounts to be paid
hereunder. Lessor may at Lessor's option give the Company written notice of such failure
and the Company shall have fifteen (15) days from the date it receives notice to pay the
amounts owed to Lessor. If the Company fails to pay the past due amounts to Lessor within
the fifteen(15)day period, Lessor may at Lessor's option declare the Company in default and
terminate this Lease.
ii. If the Company defaults in the performance of any obligation
hereunder other than the obligation to pay money when due,Lessor may at Lessor's option
give written notice of such default to the Company,and the Company shall have thirty(30)
days from the date it receives such notice to cure the default. If the Company fails to cure the
default within the thirty day period, Lessor may at Lessor's option terminate this Lease;
provided,however,that if the default is minor and the default can be fully compensated for in
damages,then such default shall not be a basis for cancellation or forfeiture of this Lease or
any of Company's rights hereunder if the Company pays the full amount of damages within
thirty(30)days after demand by Lessor. If,through no fault of the Company,such failure is
impracticable to correct within the 30-day period,Lessor shall have no right to terminate this •
Lease if the Company commences in good faith to correct the failure and provided that the
Company diligently pursues and completes the correction within a reasonable time.
B. The Company shall have the right,at its option,to terminate this Lease at the
end of any Lease Year during the Term by giving at least sixty(60) days prior written notice to
Lessor. For early termination of the Lease without completion of mining by the Company of all
economically recoverable Materials from Property, Lessor shall be entitled to receive,additional
compensation in the form of two(2)non-refundable annual advanced minimum royalty payments for
the two years required for the restoration of the property described in paragraph 19 after the date of
termination, and any and all royalties due.
C. Upon termination of this Lease for any reason,the Company shall continue to
be liable for the performance of all obligations and the satisfaction of all liabilities to Lessor
including, but not limited to, the payment of royalties which have accrued prior to the date of •
termination and the compliance with all laws,regulations, and permit conditions that apply to the
Property and the operations on the Property including, but not limited to all reclamation,
environmental and land use laws,regulations and permit conditions. The obligation to pay Advance
Minimum Royalty that would otherwise accrue after the date of termination of the Lease shall end
upon Lease termination, except as provided in Paragraph B, above.
_ 10
•
D. Upon termination of this Lease with respect to all or any part of the Property,
the Company agrees to furnish Lessor with a document reasonably satisfactory to Lessor verifying
such termination and release of Lease.
E. Upon termination of this Lease by the Company for any reason, all sums paid
hereunder to Lessor shall remain the property of Lessor and shall not be recoupable or refundable
except to the extent that they have already been recouped or refunded as of the effective date of
termination, or except as expressly provided Paragraphs 11.B and C above.
17. End of Turn. The Company shall have the right for one year from the date of the
expiration or termination of this Lease to dismantle and remove machinery, equipment,
improvements,and other facilities installed or constructed on the Property by the Company and also
to sell and remove Materials then stockpiled on the Property,subject to its obligation to pay Sales
Royalties pursuant to Paragraph 3.
18. No Development Covenant. There is no implied covenant or obligation of the
Company to explore,develop or mine the Property or to sell Materials. The Company may maintain
this Agreement in effect for its term and any allowed extensions by making the payments 'set forth
herein.
19. Restoration of Property. Within two (2) years after the expiration or earlier
• termination of this Lease,the Company will have restored the Property to the condition required by
law and by the applicable permits and approvals required for the Company to conduct operations
hereunder. Following the expiration or termination of this Lease for any reason, Lessor covenants
that Lessor will not extract or allow others to extract Materialsuntil Lessor or others effect the
transfer of the Colorado Division of Minerals and Geology Permit to their names for reclamation or
rehabilitation of the Property and the release of any security or bond provided by the Company to
secure its performance or discharge its responsibilities. Unless Lessor desires to continue operations
to extract Materials (either by Lessor or through an operator, representative, or other lessee), the
Company shall have the right to access and enter the Property and to effect on the Property such
restoration,rehabilitation and reclamation as may be required to discharge the responsibilities which
the Company has assumed pursuant to its permits and under Paragraph 7.E and to procure the release
of any bond or other financial assurance provided by the Company.
20. Assignment. The provisions of this Lease shall extend to and be binding upon the
heirs,personal representatives,successors,assigns and sublessees of Lessor and the Company. The
Company shall have the right to subcontract with others for the performance of exploration,
development and mining work hereunder,subject to all terms of this Lease,but no such subcontract
shall relieve the Company of its obligations to Lessor hereunder.
21. Notice. Notices of default or of cancellation or termination of this Lease and all other
notices required or permitted hereunder shall be given by personal delivery or by registered or
certified mail,postage prepaid, addressed to the parties as follows:
• 11
_
•
If to the Company:
Lafarge West, Inc.
Land Department
1400 West 64th Ave. •
Denver, Colorado 80221
If to Lessor:
Jeanne and Timothy Iverson
5011 F Street
Greeley, Colorado 80631
22. Condemnation. If the whole or any part of the Property shall be taken by any public
authority under the power of eminent domain at any time during the term of this Lease,Lessor and
the Company shall each be entitled to share in the award to the extent of their respective interests in
the Property with respect to any taking. In the event only a portion of the Property is taken, and if
notwithstanding such taking the Company will be able to continue to conduct its business in the
remainder of the Property in substantially the manner it was being conducted immediately prior to
such taking, this Lease shall cease only as to the part taken. If, however, by reason of the
•
condemnation there is not sufficient property left in or upon the Property for the Company to conduct
its business in substantially the manner in which it was being conducted immediately prior to such
taking,then and in such event this Lease shall terminate. All condemnation awards on account of the
interest of the Lessor shall be paid to the Lessor and all awards on account of Company's leasehold
interest shall be paid to Company. The allocation of any lump sum award for any taking between
Lessor and Company shall be made by agreement between them,if possible,or if the parties cannot
agree, then by arbitration pursuant to Rules of the American Arbitration Association, taking into
account(i)the value of Lessor's interest in the property affected by such taking and under this Lease,
and(ii) the value of Company's interest therein under the Lease.
23. Non-Business Day Deadlines.If a date for notice,performance or payment falls on a
holiday or weekend,the time for performance or payment shall be extended to the next business day,
and if notice,performance or payment has occurred on such weekend or holiday or after 5:00 p.m.on
any business day, it shall be deemed to have occurred on the next business day.
24. Confidentiality; Recording. The parties agree that the terms and conditions of this
Lease are confidential and shall not be disclosed to any third party without the consent of the other.
Neither party shall record this Lease without the consent of the other. The parties agree to execute a
short form lease for recording to provide record notice of this Lease without disclosing the economic
terms hereof.
- I2-
.i,
25. Headings.The headings of the Sections of this Lease are for convenience of reference
only and are not a part of the substantive provisions of this Lease.
26. Further Instruments. Each party hereto shall from time to time execute and deliver
such further instruments as the other party or its counsel may reasonably request to effectuate the
intent of this Lease.
27. Entire Agreement. This Lease contains the entire agreement between the parties
hereto,and neither it nor any part of it may be changed,altered,modified,or limited orally or by any
agreement between the parties unless such agreement be expressed in writing, signed, and
acknowledged by the Lessor and the Company, or their respective heirs, personal representatives,
successors and assigns.
28. Counterparts. This Lease may be executed in one or more counterparts, each of
which shall be deemed an original and all of which together shall constitute one and the same Lease.
IN WITNESS WHEREOF, this Gravel Property Lease with Option to Purchase has been duly
executed as of the date first above written.
LESSOR:
MR TIMOTHYIVERSON
-L.4
MS.JEANNE IVERSON
Oart-r.CJ ✓`✓(4-C)^--r
LESSEE(THE COMPANY):
LAFARGE]EJS , Ib C..
By.
• l c,v-a %•t-t.r
CI Gr,>c12A, Lk.A P42. (Title)
0 13
. •
STATE OF COLORADO )
� � )
COUNTY OF J k )
he foregoing instrument was acknowledged before me this gl* day of
2004,by Jeanne Iverson and Timothy Iverson.
tness my hand and official seal.
/ Notary Public
My commission expires:rut
/ ,2-0/94.
j
STATE OF COLORADO )
COUNTY OF Q6(t'MCD )
The foregoing instrument was acknowledged before me this 1 1-F day of
110
_Y.(ja,I`d1r+(�Y , 2004, by IQ.n .4,(fl \" who is the
(1 QV\QVQ Q . I(t nh1(y V of Lafarge West, Inc.
Witness my hand and official seal.
Notary Public
My commission expires: 't k1 1 ,./•.\. 9,lrl
14 - •
• EXHIBIT A
PROPERTY
LEGAL DESCRIPTION
•
•
B-1
Ivcno 1 Rev 2
- ' V/c,esa
So1/ •
si Gicrc f«
Loan No.:aP0} 920 •
7 35•3
Date: JUNE 8, 2001 "G2 770 3o 5, 3
3
Property Address: 5011 F STREET, GREELEY, COLORADO 80631
EXHIBIT "A"
• T.F.(;AT, T)F.4r'RTPTTnm
That portion of the East ;calf of the Southwest Quarter and the West Half of
the southeast Quarter and the East Half of the Northwest Quarter and the West
Half of the Northeast Quarter of Section 34, Township 6 North, Range 66 West
of the 6th P.M., Weld County, Colorado, being more particularly described as
follows;
Considering the South line of the Southwest Quarter of said Section 34 as
bearing North 89'24'310 Wept and with all bearings contained herein and
relative thereto. Beginning at the South-Quarter Corner of said Section 34,
thence along the South line of the Southwest Quarter of said Section 34, North
89'24'31' West 1321.98 feet to the Southwest Corner of the Southeast Quarter
of the Southwest Quarter of said Section 34, said point also being the
Southwest Corner of that certain parcel of land described in deed recorded in
Book 937 at Reception No. 1859175 records of said county, thence along the
4,r4.4:. westerly and Northerly line of said book and reception number, North
"" " ' 00'03'45' West 1023 .00 feet, South 74'43'31" East 280.00 feet, South
85'41'31" East 175.00 feet, North 74'34'29" East 272.00 feet to the True
Point of Beginning, thence continuing along the Northerly line of said Book
937, Reception No. 1859175, South 00'03'31" East 70.00 feet, thence North
74'34'29' East 116.00 feet, thence North 66'36'29" East 186.00 feet, thence
North 49'03 '29" East 71.30 feet to the Northeast corner of said parcel
described in Book 937 at Reception No. .1059175, thence North 39'32'29" East
94.50 feet, thence North 33'24'29' East 59.59 feet to a point that is 30.00
feet South of the centerline of an existing irrigation ditch, thence parallel
' ' with and 30.00 feet South of the approximate centerline of said ditch the
following 5 courses and distances, North 50'00'00' Eaet 103.00 feet, North
56'40'00' East 341.00 feet, North 76'09'00° East 116.00 feet, North
80'11'00' East 640.00 feet, North 78'58'00' East 358.46 feat to a point that
is 40.00 feet West of the East line of the West Half of the Southeast Quarter
of said Section 34, thence parallel with and 40.00 feet West of said line,
South 00'00'44 West 327.57 feet to the South lino of the Northwest Quarter of
the Southeast Quarter of said Section 34, thence along said line South
89'36'32' East 40.00 feet to the East line of the West Half of the Southeast
Quarter of said Section 34, thence along said line North 00'00'44' East
1359.19 feat to the Northeast corner of the Northwest Quarter of the Southeast
Quarter of said Section 34, said point also being the approximate centerline of
the Cache La Poudre River, thence along the approximate centerline of said
river the following 28 courses and distances, South 64'54'19' West 59.83 feet,
South 67'42'00° West 352.00 feet, South 62'56'00" West 160.00 feet, North
77'05'00" West 197.00 feet, North 51'56'00" West 150.00 fast, North
33 '23'00' West 269.00 feet, North 10'28'00• East 783.00 feet, North
23 '38'00" West 115.00 feet, North 55'58100' West 220.00 feet, North
70'40'00' West 225.00 feet, North 77'15'00' West 421.00 feat, North
60'34'00" West 152,00 feet, South 86'28'00' West 300.00 feet, South •
68'21'00' West 209.00 feet, South 48'39'00" West 283.00 feet, South
20'38'00" West 144.00 feet, South 47'36'00' East 355,00 feet, South
48'09'00' East 332.00 feet, South 24'53'00" East 253.00 feet, South
41'12'00" East 242.00 feet, south 18'14'00' East 250.00 feet, South
01'08'00' East 368.00 feet, South 12'25'00" West 185,00 feet, South
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