HomeMy WebLinkAbout20101887.tiff Varra Companies, Inc.
Office of Special Projects
1431 East 16th Street Greeley,Colorado 80631 Telephone(970)353-8310 Fax (970)353-4047
Monday 16 August 2010
Weld County Clerk to the Board
915 10th Street,3rd Floor
Greeley,Colorado 80632
Subject: Varra Companies, Inc.- Heintzelman Project (Pit 112) - Regular Impact (112)Technical
Revision Application - Permit M2009-018
Materials submitted to the Colorado Division of Reclamation Mining and Safety (CRMS) -Office
of Mined Land Reclamation (OMLR):
• Correspondence of 16 August 2009 and attending maps and attachments.
ATTACHEMENTS:
• Technical Revision - Map
• Approved Conveyor Right-of-Way Lease - Ready Mixed Concrete Company
• Conveyor Photograph -typical 40 foot spans and supports
Your signature below acknowledges receipt of the above referenced material,as attached. The
material should be added to the above referenced Application, as originally submitted to the Weld
County Clerk to the Board, and made accessible for public review.
Received On 0Ailq . e v ,2010
By: ti.rlrYl l ti/0. k-s) 0 v�kx
Office of the Weld County Clerk to the Board of County Commissioners
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Varra Companies, Inc. HEINTZELMAN PROJECT 1
OMLR Techncial Revision M2009-018 16 August 2010
Varra Companies, Inc.
Office of Special Projects
8120 Gage Street Frederick,CO 80516 Telephone(303)666-6657 Fax(303)666-6743
Monday 16 August 2010
Colorado Office of Mined Land Reclamation
Division of Reclamation Mining and Safety
1313 Sherman Street, Room 215
Denver, Colorado 80203
Subject: Technical Revision #01 — Varra Companies, Inc.
Heintzelman Project— M2009-018
ATTACHEMENTS:
• Technical Revision Submittal Fee — Check #: 26795 in the Amount of $216.00.
• Proof of Placement —Weld County Clerk to the Board
• Technical Revision — Map
• Approved Conveyor Right-of-Way Lease — Ready Mixed Concrete Company
• Conveyor Photograph —typical 40 foot spans and supports
Submitted for approval, this Technical Revision (TR) is intended to establish a conveyor system
and route for the approved Heintzelman Project permit (M2009-018). Two copies of the TR are
included along with the required fee and proof of placement with the Weld County Clerk to the
Board, and related attachments (see above).
The intended conveyor routed, as determined by physical survey, is shown on the included
map. The route commences in the northeast corner of the Heintzelman permit area into the
immediately touching permit boundary of Ready Mixed Concrete Company (M2001-046), and
north into the immediately touching permit boundary of Varra Companies, Inc., Kurtz Project
(M1999-006). The route is shown relative to the approved easement location, area roads, and
relevant features. Conveyor appearance with typical 40 foot spans and supports for the as built
structure are shown in the included photograph.
Naturally, should you require clarification or additional information, we look forward to working
with you. Thank-you for your assistance.
Sincerely,
Varra Companies, Inc.
Brad Jones, P.E.
cc. Christopher L. Varra, President
Varra Companies, Inc.
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NIX PROPERTY
CONVEYOR RIGHT OF WAY LEASE AGREEMENT
by and among
Ready Mixed Concrete Company,
Varra Companies, Inc.
And
Sand Land, Inc.
NIX PROPERTY
CONVEYOR RIGHT OF WAY LEASE AGREEMENT
This CONVEYOR RIGHT OF WAY LEASE AGREEMENT (the "Lease") is made
and entered into effective this L l"�day of Wie:. , 2009 (the "Effective Date"), by and between
READY MIXED CONCRETE COMPANY,\a Colorado corporation having an address of
4395 Washington Street, Denver, Colorado 80216 ("Landlord"), and VARRA COMPANIES,
INC. and SAND LAND, INC., both Colorado corporations having an address of 8120 Gage
Street, Frederick, Colorado 80516 (together"Tenant'). Landlord and Tenant may be referred to
together herein as the"Parties"or, individually,as a"Party."
RECITALS
WHEREAS, Landlord owns approximately 300 acres of real property known as the "Nix
Property,"as more particularly described in Exhibit A hereto;
WHEREAS, Landlord intends to mine sand and gravel from the Nix Property at a future
date and to reclaim said property;
WHEREAS, Tenant operates a sand and gravel mine called the "Kurtz Resource
Recovery & Land Development Project" (hereinafter"Kurtz Pit") which is located on property
situated contiguous and adjacent to portions of the Nix Property;
WHEREAS, the Kurtz Pit operates under Permit No. M-1999-006, issued by .the
Colorado Mined Land Reclamation Board and the Colorado Department of Natural Resources.
Division of Reclamation Mining and Safety;
WHEREAS,Tenant operates a sand and gravel processing plant at the Kurtz Pit;
WHEREAS, Tenant also owns property known as "Heinselman" at which it plans to
mine sand and gravel pursuant to a permit to be obtained from the Colorado Mined Land
Reclamation Board and the Colorado Department of Natural Resources, Division of Reclamation
Mining and Safety;
WHEREAS, the Heinselman property is not contiguous or adjacent to the Kurtz Pit, and
the Tenant's two pits are separated by the Nix Property;
WHEREAS, Tenant wishes to lease a discrete right-of-way across the Nix Property, as
depicted in Exhibit B hereto (hereinafter the "Premises"), for the sole purpose of locating,
operating and maintaining a sand and gravel conveyor system that Tenant will utilize to transport
unprocessed sand and gravel materials mined from the Tenant's Heinselman Pit to the sand and
gravel processing plant located at the Tenant's Kurtz Pit; and
WHEREAS, Landlord wishes to lease the Premises to Tenant so that Tenant can install,
operate and maintain,at Tenant's sole cost and expense,a sand and gravel conveyor system.
IN CONSIDERATION of the above recitals, the rental to be paid and the agreements
herein contained,and other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, Landlord and Tenant hereby agree as follows:
1. Lease Term. Except as provided in Paragraph 3.1 below, the term of the Lease
(hereinafter "Lease Term") shall commence on the Effective Date and continue until the sand
and gravel located on the Heinselman property is fully mined and shall continue until the
Premises are fully reclaimed and any reclamation bond for the Premises is released by the
Colorado Mined Land Reclamation Board.
'. Rent Payable on the Effective Date. Beginning on the Effective Date and by no
later than the thirtieth (30th) day of June of each year thereafter during the Lease Term, Tenant
shall pay Landlord "Rent" in the amount of Five Hundred Dollars ($500). Upon the third (3"1)
anniversary of the Effective Date, and every three (3) years thereafter, the annual Rent payment
shall be increased by One Hundred Dollars($100).
3. Conveyor Installation and Operation. Tenant shall be solely responsible for
purchasing, installing and maintaining the sand and gravel conveyor system. including without
limitation, all appurtenant structures and features necessary to establish. operate and maintain
such a conveyor system.
3.1 Landlord's Operations. In the event the right-of-way across the Nix
Property depicted in Exhibit B hereto causes or threatens to cause an interference in any way
whatsoever with Landlord's future mining and/or reclamation of the Nix Property, Tenant shall
at its sole cost and expense relocate or remove the conveyor system from the Premises. Whether
the conveyor system on the Premises causes or threatens to cause interference under this
provision is a determination that shall be made by Landlord in Landlord's sole discretion. The
relocation or removal of the conveyor system shall be completed by Tenant within sixty (60)
days of Tenant's receipt from Landlord of a written notice to relocate or remove the conveyor
system.
3.1.1 Tenant Reimbursement of Landlord. Tenant shall reimburse
Landlord for the reasonable cost and expense Landlord incurs to revise or amend any permit
Landlord currently holds or obtains in the future that relates to Landlord's use of the Nix
Property (including, without limitation, for mining and reclamation) that is required to reflect or
otherwise account for the right-of-way across the Nix Property depicted in Exhibit B hereto and
Tenant's conveyor on the Premises.
3.2 Oil and Gas. In the event the location of the conveyor system on the
Premises causes,or threatens to cause, an interference with the right of any third party to develop
oil and gas mineral resources on the Premises, or the Nix Property more generally, Landlord and
Tenant shall jointly negotiate an appropriate accommodation of the competing activities on the
Premises, if any, with any such third party.
4. Reclamation. Tenant shall be solely responsible for all costs and work necessary
to reclaim the Premises.
4.1 Reclamation Indemnity. Tenant shall indemnify and agrees to protect,
defend and hold harmless, Landlord and all of Landlord's subsidiary and affiliated entities, and
their successors and assigns, and the officers, directors, shareholders, partners, members,
servants, employees, agents and contractors of any of them, from and against any and all claims,
liens, actions, proceedings,judgments, liabilities, damages, costs, attorney fees and any and all
expenses in connection with any reclamation of the Premises.
5. Use of Premises; Compliance with Laws. Tenant shall use the Premises for the
sole purpose of installing, operating and maintaining a sand and gravel conveyor system to
convey sand and gravel from the Heinselman property to the Kurtz Pit and for no other purpose
whatsoever. Tenant covenants and agrees to comply with all statutes, rules, orders, regulations
or requirements of federal, State, county or city governments regulating Tenant's use of the
Premises, including, but not limited to the terms and conditions of any applicable federal, State
or local permits and agreements necessary for the installation, operation and maintenance of the
conveyor system.
5.1. Hazardous Materials. Tenant covenants and agrees not to utilize any
"Hazardous Materials"on the Premises.
5.1.1 "Hazardous Materials" means any substance that is at any
pertinent time defined or listed in, or otherwise classified, designated, or regulated
pursuant to. any "Environmental Laws" as a hazardous substance, hazardous material,
extremely hazardous substance, hazardous waste, hazardous chemical, infectious waste.
toxic substance, toxic pollutant or solid waste, or any other legislative or regulatory
formulation intended to define, list, or classify substances by reason of deleterious
properties such as ignitability, corrosivity, reactivity, carcinogenicity, toxicity,
reproductive toxicity, outcome of Toxicity Characteristic Leaching Procedure ("TCLP"),
or otherwise, including without limitation, friable asbestos and polychlorinated biphenyls
and also including oil and petroleum, petroleum products, by-products and wastes, and
by-products associated with the extraction, refining, or use of petroleum or petroleum
products. whether or not so defined, listed, classified, designated or regulated in
"Environmental Laws."
5.1.2 Definition of Environmental Laws. The term "Environmental
Laws" means without limitation any statute, law, act, ordinance, rule, regulation, order,
decree. or ruling of' any Federal, State and/or local governmental, quasi-governmental,
administrative or judicial body, agency, hoard, commission or other authority relating to
the protection of health and/or the environment or otherwise regulating and/or restricting
the use, storage,disposal, treatment, handling, release,and/or transportation of Hazardous
Materials in effect on or prior to the effective date of this Lease relating to pollution or
protection of human health or the environment (including ambient air, indoor air, surface
water, ground water, land surface, or subsurface strata), including, without limitation, (i)
the Comprehensive Environmental Response Compensation and Liability Act, as
amended (42 U.S.C. §§9601 et seq. ("CERCLA")), (ii) the Resource Conservation and
Recovery Act, as amended (42 U.S.C. §§6901 et seq. ("RCRA")), (iii) the Clean Air Act
(42 U.S.C. §§ 740I et seq.); (iv) the Clean Water Act (33 U.S.C. §§1251 ct seq.), (v) the
Emergency Planning and Community Right-to-Know Act (42 U.S.C. §§ 11011 et seq.),
(vi) the Oil Pollution Act of 1990 (33 U.S.C. §§ 2701 ct seq.), (vii) the Hazardous
Materials Transportation Act (49 U.S.C. §§ 1801 et seq.), (viii) the Toxic Substances
Control Act (15 U.S.C. §§ 2601 et seq.), (ix) any state or local Law analogous to the
Laws listed in parts (i) — (viii) of this subparagraph. (x) any amendments to the statues,
laws or ordinances listed in parts (i) - (viii) of this subparagraph, in existence on the date
hereof, and (xi) any other Law now in effect relating to emissions. discharges. releases.
threatened releases generation, management, handling, control, use, treatment, storage,
disposal, transport, removal. remediation or recovery of any Hazardous Material.
6. Taxes. Landlord shall pay when due all real property taxes and special
assessments levied or imposed against the Premises. From the Effective Date through the Lease
Term Tenant shall pay when due all personal property taxes levied or imposed against any
fixtures and Tenant's other personal property, trade fixtures, improvements made by Tenant or
improvements placed by Tenant in or about the Premises.
7. Insurance. During the Lease Term,Tenant shall maintain:
7.1 Commercial general liability, "all-risk" property damage insurance and
automobile liability insurance with limits, in all cases, of not less than One Million Dollars
($1,000,000).
7.2 Tenant shall obtain and at all times maintain Workmen's Compensation
Insurance and Employer's Liability Insurance for all employees of Tenant engaged on or with
respect to the Premises in such amounts as are established by law.
7.3 Insurance required hereunder shall be provided by an insurance company
or companies authorized to do business in the State of Colorado. On or prior to the Effective
Date, Tenant shall deliver to Landlord certificates evidencing such insurance. Landlord shall he
named as an additional and named insured under such policies of insurance. Tenant shall
provide renewal certificates to Landlord upon request.
7.4 In the event Tenant fails to provide, maintain, keep in force, or deliver and
furnish to Landlord the policies of insurance required by this Lease, Landlord may, but shall not
be obligated to, procure such insurance or single-interest insurance for such risk covering
Landlord's interest and Tenant shall pay all premiums thereon promptly upon written demand by
Landlord.
8. Indemnity of Landlord. Tenant shall indemnify and agrees to protect, defend
and hold harmless, Landlord and all of Landlord's subsidiary and affiliated entities, and their
successors and assigns, and the officers, directors, shareholders, partners. members, servants.
employees, agents and contractors of any of them, from and against any and all claims, liens.
actions, proceedings, judgments, liabilities, damages, costs, attorney fees and any and all
expenses in connection with (i) the use, occupancy, management, or control of the Premises by
Tenant after the Effective Date and during the Lease Term, (ii) any injury to or death of any
person, or damage to any property on the Premises caused in whole or in part by the negligence
of Tenant, its employees, servants, agents, contractors, subcontractors, customers. or invitees,
(iii)any use of the Premises or any act or omission of Tenant that is in any manner prohibited by
law, ordinance, government regulation, or the provisions of this Lease, (iv) any failure of Tenant
to observe or perform the terms, covenants, or conditions of the Lease, and (v) any act or
omission by Tenant, its agents, employees, servants, contractors, subcontractors, customers, or
invitees during the Lease Term.
8.1 Notice to Tenant. Landlord shall provide Tenant written notice of any
demand, claim, cause of action, liability, loss, or damage asserted against Landlord as it pertains
in any respect to any matter covered by this indemnity, within fourteen (14) days after Landlord
obtains notice, whether actual or constructive, of the same first made. Late notice or no notice
by Landlord shall be construed as a waiver by Landlord of the right to indemnification
contemplated under this Section 8. In case of any action or proceeding brought against
Landlord, and unless defense is provided by an insurance carrier, Tenant shall, upon receipt of
timely notice from Landlord, defend the same at Tenant's expense by counsel reasonably
satisfactory to Landlord.
9. Indemnity of Tenant. Landlord shall indemnify and agrees to protect, defend
and hold harmless, Tenant and all of Tenant's subsidiary and affiliated entities, and their
successors and assigns, and the officers, directors, shareholders, partners, members, servants,
employees, agents and contractors of any of them, from and against any and all claims, liens,
actions, proceedings, judgments, liabilities, damages, costs, attorney fees and any and all
expenses in connection with any negligent act of Landlord as it relates to the Premises
9.1 Notice to Landlord. Tenant shall provide Landlord written notice of any
demand,claim, cause of action, liability, loss, or damage asserted against Tenant as it pertains in
any respect to any matter covered by this indemnity, within fourteen (14) days after Tenant
obtains notice, whether actual or constructive, of the same first made. Late notice or no notice
by Tenant shall he construed as a waiver by Tenant of the right to indemnification contemplated
under this Section 9. In case of any action or proceeding brought against Tenant, and unless
defense is provided by an insurance carrier, Landlord shall, upon receipt of timely notice from
Tenant, fund the defense by Tenant by counsel reasonably satisfactory to Landlord.
10. Condemnation/Eminent Domain. In the event that the Premises, substantially
all of the Premises, or any portion thereof or any improvements thereon, are taken in
condemnation proceedings or by exercise of any right of eminent domain, or conveyed in lieu
thereof by agreement of Landlord, Tenant shall have the option to cancel this Lease within ninety
(90) days after possession of the Premises is legally authorized to he taken by the governmental
or quasi-governmental authority.
10.1 "Substantially All . . .". For the purpose of this Section 10, "substantially
all of the Premises" shall be deemed to have been taken if the untaken part of the Premises is
insufficient to allow the continued operation of the sand and gravel conveyor system.
10.2 Award. Landlord shall be entitled to the entire award for the Premises so
taken, provided that Tenant shall be entitled to prosecute and recover a separate award for the
value of any improvements made by Tenant so taken.
l I. Entry by Landlord. Landlord, its agents and representatives shall have the right
to enter the Premises at any reasonable hour or time during any business of weekend to view and
inspect the Premises,or to make such improvements to the Premises as are necessary and proper.
Except as provided herein and in Paragraph 3.1 to this Lease, Landlord shall not interfere with
Tenant's normal business operations on the Premises. Landlord shall have the right to enter
without notice or consent of Tenant to respond to emergency situations which Landlord
reasonably believes might cause loss of life or property damage.
12. Covenant of Ouiet Enjoyment. Except as otherwise provided herein, Landlord
hereby covenants and agrees that Tenant, upon payment of Rent as provided in this Lease and
the observance and performance of the covenants of this Lease on its part to be kept, shall
lawfully, peaceably and quietly hold, occupy and enjoy the Premises during the Lease Term
without hindrance or interference by Landlord or any person or persons lawfully claiming under
Landlord.
13. Sublettine and Assienment. Except as to an affiliate of Tenant, Tenant shall not
sublet the Premises or any part thereoff, nor assign this Lease, without the prior written consent of
Landlord. In the event that Tenant wishes to assign its interest under this Lease or to sublet the
Premises, it shall notify Landlord in writing of the identity of the proposed assignee or sublessee.
as well as of all terms and conditions of such assignment or sublease. Landlord may consider the
identity of the assignee or sublessee, and all of the proposed terms and conditions of such
assignment or sublease, in determining whether to consent to such assignment.
19. Subordination/Encumbrance. Tenant shall not subordinate or encumber the
rights and interests of the Tenant under this Lease.
20. Tenant Default. If Tenant shall default in the performance of any of the terms or
provisions of this Lease, including the payment of any installment of Rent, Landlord shall
promptly notify Tenant in writing. If Tenant shall fail to cure any such non-performance within
thirty (30) days after the receipt of such notice, or if the default is of such a character as will
require more than thirty (30) days to cure, and Tenant shall fail to commence to cure the same
within thirty(30)days after receipt of such notice, Landlord may. at its option invoke the dispute
resolution mechanism set forth in Section 22 of this Lease.
21. Landlord Default. In the event Landlord fails to perform any obligation
imposed on Landlord by this Lease, and such failure shall continue for thirty (30) calendar days
after written notice of such failure by Tenant, Tenant shall have the right, at Tenant's option, to
(i)cure such default, expending such sums as may be reasonably necessary for such purposes, in
which case Landlord shall reimburse Tenant therefore within thirty (30)days of Tenant's written
demand for the same: (ii) to set off an amount equal to the costs of curing such default against
any amounts due to Landlord hereunder, including any Rent; or (iii) invoke the dispute
resolution mechanism set forth in Section 22 of this Lease.
22. Dispute Resolution. Any dispute, difference or controversy arising under or in
connection with this Lease that Landlord and Tenant fail to resolve among themselves within
thirty (30) days following written notice of any such dispute, difference or controversy shall be
settled by binding arbitration according to the rules of the American Arbitration Association
("AAA") in force at the time of such dispute, difference or controversy. In the event binding
arbitration becomes necessary, the Parties agree to hold the arbitration in the City and County of
Denver, Colorado. Landlord and Tenant shall each choose an arbitrator, which two (2)
arbitrators shall together choose a third arbitrator. The arbitration shall be heard by the panel of
three arbitrators. The prevailing party in any such arbitration shall be entitled to receive from the
other party the prevailing party's reasonable attorneys' fees, costs, and arbitration expenses. The
arbitrator's award may be enforced in any court of competent jurisdiction and such award may
include an award of eviction.
23. Relationship of Parties. Landlord and Tenant are lessor and lessee, respectively,
and are not, except as they may otherwise agree between them in a subsequent writing executed
and acknowledged by each, nor shall they become by virtue of the Lease or any actions taken
pursuant hereto, anything other than lessor and lessee. Landlord and Tenant are not partners.
joint venturers, employed by one another,or agents of one another.
24. Notices. Whenever in the Lease it shall be required or permitted that notice or
demand be given or served by either party to this Lease to or on the other, such notice or demand
shall be given or served and shall not be deemed to have been given or served unless in writing
and forwarded by certified or registered mail, return receipt requested. addressed as follows:
LANDLORD: TENANT:
READY MIXED CONCRETE COMPANY VARRA COMPANIES. INC.
4395 Washington Street 8120 Gage Street
Denver.Colorado 80216 Frederick.Colorado 805 I()
Attn: Ron Henley Attn: Chris Varra
With cops'to•
Jeffrey W. Schwarz.Esq.
Carver Schwarz McNab& Bailey, EEC
1600 Stout Street.Suite 1700
Denver.Colorado 80202
Such addresses may be changed from time to time by either party by serving notices as
above provided.
25. Severability. If any part of this Lease shall he construed to be unenforceable, the
remaining parts shall remain in full force and effect.
26. Entire Agreement. This Lease contains the entire understanding and agreement
between Landlord and Tenant and supersedes all prior understandings, agreements,
representations, and other communications between Landlord and Tenant concerning the subject
matter hereof, and any executory agreement hereafter made between Landlord and Tenant shall
be ineffective to change, waive, release, discharge, terminate, or effect an abandonment of the
Lease, in whole or in part. unless such executory agreement is in writing and signed by each
party hereto.
27. Applicable Law. This Lease is made in the State of Colorado and shall he
construed in accordance with the laws of the State of Colorado.
28. Brokerage. The Parties represent to each other that no real estate broker,
salesperson or finder was involved or influential in negotiation of this Lease, or was a procuring
cause thereof, and each agrees to indemnify, defend and hold the other harmless from any
claims, liabilities, costs and expenses, which may be suffered or incurred as a consequence of
any claim being made in violation of the foregoing representation.
29. Recording. Landlord shall prepare and record at Tenant's expense in the Weld
County Clerk and Recorder's Office a summary Memorandum of Lease to provide notice of the
Lease between Landlord and Tenant. Landlord shall furnish Tenant evidence of such recording
within sixty(60)days of the Commencement Date. •
30. Captions. Section and paragraph captions are for the convenience of the Parties
only and are not a part of this Lease and shall not be used fir interpretation or construction of
this Lease.
31. Binding Effect. This Lease is binding upon and inures to the benefit of the
parties, their heirs, personal representatives, successors and permitted assigns. Any
modifications to the Lease must he in writing and signed by all parties.
32. Counterparts. This Lease may he executed in one of more counterparts, each of
which shall be deemed an original, and all of which together shall constitute one and the same
instrument.
IN WITNESS WHEREOF, the parties have duly executed this Lease as of the date first
above written.
LANDLORD: TENANT:
READY ED CO C ETE COMPANY VARRA C PANIES, 1NCj`
By: By: ��rc4/
Title: 1-.73, L�.�, ," Title: 7•TENANT:
SAND L.,),V, ;'
By: O4244.4_,
Title: 'Ate '
STATE OF COLORAO )
) ss.
COUNTY OF DENVER )
T e f regain instrument was acknowledged before me thisl ay of ('(.t.... ,2009 by
V'cl k as of Ready Mixed Concrete Company,a Colorado corpQratiyn.
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"`PRU 4 My Commission Expires: -','".;..L-11.
z?:N C1 T A R yy m Witness my hand and official seal.
37
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9F cQLp�, Notary Public I
„Mnrnm�una .�1��
ion EV"'
STATE OF COLORADO )
) ss.
COUNTY OF k-2f/d )
The foregoing instrum nt was acknowledged before me this.??day of )14-7 .2009 by
C/ixisT,eehr,c L. 144 44,as iles;df,17 of Varra Companies.Inc.,a Colorado corporation.
� \\\`, 'UPp/1/ My Commission Expires: .67....7/^-//
1�CR
.
. tpRY• •`�i e,
my hand and official seal.
•
PUS .. a ola -.
AGO
/'rllttlllll����``
STATE OF COLORADO )
) ss.
COUNTY OF/L,E/e _ )
The foregoing instrumen was acknowledged before me this„?, of .I , 2009 by
eAt,5To,1,FR L. 14.€4,4 ,as S;dem r of Sand Land, Inc.,a Colorado corporation.
My Commission Expires: ..5-= c7/-ii
,',,AviintllJpf/I Witness my hand and official seal.
,4 R Upp�///� -_
�, 4 s otaltl ry Public '
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EXHIBIT A
To Lease Agreement by and between
Ready Mixed Concrete Company,
Varra Companies, Inc. and
Sand Land, Inc.
Legal Description—The Nix Property
Parcel I
The NE1/4 and the NWI/4 SE1/4 of Section 28,Township 3 North, Range 67 West of the 6th
P.M., County of Weld, State of Colorado.
EXCEPTING THEREFROM a parcel of land conveyed to The Department of Highways,
State of Colorado by deed recorded December 5, 1957 in Book 1491 at Page 158, more
particularly described as follows:
The N1/2 NE1/4 of Section 28,Township 3 North, Range 67 West of the 6th P.M., in County
of Weld, State of Colorado, said tract or parcel being more particularly described as follows:
Beginning at a point on the East line of Section 28,Township 3 North, Range 67 West,
from which point the Northeast corner of Section 28 bears North 0 degrees 32 minutes
West, a distance of 90.0 feet:
1. thence along the East line of Section 28, North 0 degrees 32 minutes West, a
distance of 90.0 feet to the Northeast corner of Section 28:
2. thence along the North line of Section 28, North 89 degrees 49 West, a distance of
2,590.0 feet to the Northwest corner of the NE1/4 of Section 28:
3. thence along the West line of the NEl/4 of Section 28, South 0 degrees 24
minutes East, a distance of 40.0 feet:
4. thence South 89 degrees 49 minutes East, a distance of 2.512.1 feet;
5. thence South 45 degrees 10 minutes 30 seconds East, a distance of 71.2 feet to a
point on the existing West County Road right of way;
6. thence South 89 degrees 49 minutes East,a distance of 28.0 feet, more or less,
to the point of beginning.
ALSO EXCEPTING a parcel of land located in part of the SE 114'4 NE I14 of Section 28,
Township 3 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado and
being more particularly described as:
Considering the North line of the NE 1/4 of said Section 28 to bear South 89 degrees 34
minutes 43 seconds East, as monumented and shown on the plat, and all bearings
contained herein relative thereto:
Beginning at the East Quarter corner of said Section 28;
thence North 00 degrees 17 minutes 32 seconds West, 271.48 feet along the East line of
said Section 28 to a point;
thence South 89 degrees 42 minutes 28 seconds West, 325.40 feet;
thence South 00 degrees 17 minutes 32 seconds East, 267.08 feet to a point on the South
line of the NE 1/4 of said Section 28;
thence South 89 degrees 31 minutes 05 seconds East, 325.45 feet to the Point of
Beginning.
Tax Parcel No. 120928100011
Parcel 2
The SW1/4 1/4 SE I/4 and the S1/2 S W 1/4 of Section 28,Township 3 North, Range 67 West of the
6th P.M., County of Weld, State of Colorado.
Tax Parcel No. 120928000006
EXHIBIT B
To Lease Agreement by and between
Ready Mixed Concrete Company,
Varra Companies, Inc. and
Sand Land, Inc.
The"Premises"
[See attached[
EXHIBIT B
To Nix Property Right of Way Lease Agreement by and between
Ready Mixed Concrete Company, Varra Companies, Inc. and
Sand Land, Inc.
AN EASEMENT VOL CONVEYOR BELT BEING A PART OF T:IE SOUTHEAST'A OF
THE SOUTHEAST 51 SECTION 28,TOWNSHIP 3 NORTH,RANGE 67 WEST OF THE
6TH P.M;COUNTY . WELD,STATE OF COLORADO,DESCRIBED AS FOLLOWS:
CONSIDERING T LINE OF THE SOUTHEAST 'A OF THE SOUTHEAST'"OF
SAID SECTION 28 EAR NORTH 00°49'06"WEST,WITH ALL BEARINGS HEREIN
RELATIVE THERE
COMMENCING AT SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE
SOUTHEAST 1/4 O/ SECTION 28;THENCE NORTH 44°37'45"EAST,A DISTANCE
OF 42.10 FEET TO INTERSECTION OF EAST RIGHT-OF-WAY LINE OP WELD
COUNTY ROAD 17' THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD
28,SAID INTERS BEING THE POINT OF BEGINNING;
I
THENCE COIN WITH THE EAST RIGHT-OF-WAY LINE OF SAID WELD
COUNTY ROAD 17 D PARALLEL WITH AND 30.07 FEET EAST OF THE WEST LINE
OF THE SOUTHER 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 28 NORTH
00°49'06'WEST,A ANCE OF 1280.26 FEET TO THE NORTH LANE OF THE
SOUTHEAST 1/4 E SOUTHEAST 1/4 OF SAID SECTION 28;THENCE
COINCIDENT wrng It NORTH LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST
IM OF SIDS 2$SOUTH 89°4747"EAST.A DISTANCE OF 40.01 FEET;THENCE
PARALLEL WITH 70.00'EAST OF THE WEST LINE OF THE SOUTHEAST 1/4 OF
THE SOUTHEAST I OF SAID SECTION 28 SOUTH 00`49'06"BAST.A DISTANCE OF
1209.71 FEET; NORTH$9'1754"EAST,A DISTANCE OF 31.43 FEET;THENCE
PARALLEL WITH WEST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4
OF SECTION 28 00'49'06"EAST,A DISTANCE OF 70.95 FEET TO THE NORTH
RIGHT-OF-WAY OF SAID WELD COUNTY ROAD 28;THENCE COINCIDENT
WITH THE NORTH HT-OF-WAY LINE OF SAID WELD COUNTY ROAD 28 NORTH
899525"WEST,A ANCE OF 71.44 FEET TO THE POINT OF BEGINNING.
CONTAINING 123 ACRES,MORE OR LESS.
CURTIS D.MOOS, 37971 d; 37971 '
FOR ANDONB OF S „ ,,
AMERICAN WEST ND SURVEYING CO. 4 ' I-6 ,.
1% A •
Pr ,'• '' •.•%_R_-
If
•
EXHIBIT B
To Nix pr-operty_Gonveyor.Rightof Wa1LL-ease Agreementby-and between
Ready Mixed Co.4crete_C4mpany,_Varra Companies, Inc.and
Sand Land, Inc.
1
NORTH 4 0 a SE +/! osINC
sr. 1/4 or Set as 1'a+. AM
cN s. OF '14 I— — — — — —
SW. 2e, i 7W, 11
j M
I II +Mr
14
rl
it
; 0
N".81:
1:'enj r [. LINE BEARING oss mct
•
Pei W Lz NOQ4e 06•W 12e0.2e
d y 0r-' L3 se9 47'47't 40 01
;:-...1 1T ; � U s0t749'06`E 1209.71'
R 1�y� 15 Ne9'10.54`E 31.43'
t' ,� F Le S00'4•'0e`E 70.9Y
CO I L7 Ne9 55'21S1M 71.44'
WO 0 W
I, 1 37971 1
10
/; O-5.1 ,
, jat_o. ,. ,
Of n 1%t ors. i� L7-i
SEC. 28, R67M C,,,.w• W.C.N. 211 IMO 47-Os--w_1'
frilar O=�,1% -1
LARGE MAPS AVAILABLE
FOR VIEWING
AT
THE CLERK TO THE
BOARD 'S OFFICE ,
IN THE
PUBLIC REVIEW FILE .
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