HomeMy WebLinkAbout20070882.tiff ..
4, • -a
am N,.._1.4 i[ (tI 1-- - ' ..
.- /
-.---
EXECUTOR'S DEED
.--. 1
744
THIS INDENTURE, Made this a day of November. in the year
of Our Lord One Thousand Nine Hundred and Sixty-five, between The
'' First National Bank of Greeley, Colorado, as Executor of the
co
Estate of Ralph J. Eaton also known as Ralph James Eaton, Deceased,
''-fl party of the first part, and Don Anderson, Inc. , a Colorado corp-
cla
.-i oration, of the County of Weld and State of Colorado, party of
O
L the second part, WITNESSETH THAT
Whereas, in the County Court of the County of Weld and the
State of Colorado on the 26th day of November, 1962, the Last Will
and Testament of Ralph J. Eaton also known as Ralph James Eaton,
Deceased, was duly admitted to probate.
And Whereas, said Last Will and Testament provides in part
as follows:
ARTICLE IX
Without intending to name all of the powers and authority
granted to my Executrix and Trustee designated herein, •7 0 3 1 n 2
and its successors, in addition to those customarily
I ` allowed to Executors and Trustees, I grant unto each my p 4 -1j,„.4-,,„
IIlIlIIIIIIIIII'luI Executrix and Trustee all rights, authority, power and e.S _r-£-.1:
freedom of action... .Without limiting this authority ;t:•.:7.17'..-:2A
1-_,I ;
-= i,'i .. .my Executrix and Trustee are each hereby specifically r`�_ .II
•• Mt invested with full discretionary authority: = k,,
=8 e. E n h.r
�=o f- .. . (b) To sell, mortgage, lease or pledge all estate v ii" T
l4- - and trust assets (real, personal, and mixed) in such — • I
li
manner as they deem advisable, including the right to - ____I)
a grant options for the same; in particular, I wish to - - _
a grant these powers with regard to my farm; however, in sal u -
exercising this discretionary power they shall consider L� --
•. a but not be controlled by the fact that it is my desire ..• ..
S that my wife be enabled to live in and occupy the house
�9 now used by us as a residence so long as she may live; i „!� ,I
-'�fEp, 4/ and if it is at all practical, in their discretion, it ,,,nbiiiPlldiii,;
:,,,T:•4 is my wish that the rest of the farm be sold separately
I ". 7 E 0 p from the house and adjoining yard area and that said
house and yard be retained by them during my wife's life-
._. . .. time; ...
Now, Therefore, this Indenture witnesseth, that the said party
of the first part, in consideration of the premises, and in the
further consideration of the said sum of $100.00 and other good and
valuable co',side. ation to it in hand paid by the said party of
the second part. the receipt of which is hereby acknr.wledged. has
/,-, ...t..-C c -w-v _.41,
2007-0882
too.
554
sold and conveyed, and by these presents does sell and convcy
unto the said party of the second part. its heirs. assigns and
successors, all the right, title and interest which the said
Ralph J. Eaton also known as Ralph James Eaton had, in his life-
time and at the time of his death, in and to the following des-
cribed parcel of land situate in the County of Weld, State of
Colorado, to-wit:
All that part of the South Half (8 1/2) of Section
Thirty-four (34), Township Seven (7) North, Range
Sixty-six (66) West of the 6th P.M. , lying south of the
right of way of the Great Western Railway Company,
except that part thereof conveyed to The W. J. Small
Company, Inc. by deed recorded in Book 1313, Page 143,
of the Weld County Records, together with 140 acre
feet of water pursuant to the Petition and Order of
the Northern Colorado Water Conservancy District as
that Petition and Order appears in Book 1418, Page 190,
of the Weld County Records,
To Have and to Hold the Same, With all the appurtenances there-
unto belonging, or in any wise appertaining, to the proper use,
benefit and behoof of the said party of the second part, its heirs,
assigns and successors forever, subject however to the following:
1965 taxes due and payable in 1966; County roads right of ways; res-
ervations and exceptions contained in United States Patents; ease-
ments and right of ways of record, as set forth in instruments re-
corded in Book 221, Page 209, in Book 221, Page 210, in Book 228,
Page 46, Weld County Records; right of way for the Home Light and
Power Company; right of way of the Great Western Railway Company;
Agreement recorded November 19, 1932, in Book 939, Page 336, Weld
County Records; subject to the lien for taxes of the Northern Colo-
rado Water Conservancy District, the Eaton Fire Protection District.
and the North Weld County Water District.
Said conveyance .s subject also, to a life estate as follows:
That during the lifetime of Beulah Baird Eaton, the widow of Ralph
J. Eaton also known as Ralph James Eaton, the grantor and its suc-
cessors do retain the occupation, possession and control of the
following described property:
Ai"-, A parcel of land in the Southeast Quarter (SE. 1 .11 r.f
Section 34. Township 7 North, Range 66 west of the 6th Prig., 1_
Meridian. Weld County, Colorado, and being more particularly
described as follows:
Commencing at the southeast corner of said Section 34 and
considering the South line of said Section 34 to bear North
900 00' 00" West and with all other bearings described herein
relative thereto; Thence North 90° 00' 00" West along the
South line of said Section 34, a distance of 1,590.17 feet
to the True Point of Beginning; Thence continuing along the
South line of said Section 34, North 90° 00' 00" West, a
distance of 165.00 feet; Thence North 00° 00' 00" East, a
distance of 285,00 feet; Thence North 900 00' 00" East, a
distance of 165.00 feet; Thence South 00°00' 00" East, a
distance of 285,00 feet to the True Point of Beginning;
Said parcel of land containing 1.08 acres more or less.
Said life estate shall be subject to the right of ingress and
egress on all driveways situated in the tract of land described in
the life estate.
Grantee and its successors agree that grantee shall allow the
life tenant the privilege of using sufficient irrigation water to
irrigate the lawn located on the property described in the life
estate; and further agrees that the grantee will not build or con-
struct, during the existence of the life estate, any feed lots
yeerer to the property constituting the life estate than feed lots
. .4 in existence on adjacent farms.
IN WITNESS WHEREOF the said party of the first part, as Executor
of said estate as aforesaid, has hereunto set its hand and seal the
day and year first herein above written.
The First National Bank of Greeley,
Colorado, Executor of the Estate of
Ralph J. Eaton also known as Ralph
James Eaton, Deceased
Byg t: It i
cfl
uls eV r, Trust Oiticer
and Vice President
STATE OF COLORADO )
) ss.
COUNTY OF WELD
Acknowledged, subscribed and sworn to before me this day
of November, 1965, by Louis C. Rieke. , Trust Officer and Vice
President of The First National Bank of Greeley, Colorado, Executor
of the Estate of Ralph J. Eaton also known as Ralph:,,james Eaton,
fDeceased. `;�.)t • Dof,.
Witness my hand and seal.
3 4 1 .A
My commission expires: _ ''- ,.. ° m
tart' if¢) '.' • b.,:
AdlY2i1V1 D 01993 RlH: 01923141 04/iI. +t :2 6:0.00 1/010
F DOI i MARY ANN FEW Rs;EIN CLERK K S 10 CORDER WELD C.O. CO
LEASE AGREEMENT
This Agreement made and entered into this 8th day of April, 1983, by and
between Dan Anderson, Inc., a Colorado corporation, whose address is
Route 2 - Box 36, Eaton, Colorado, hereinafter referred to as "Lessor",
and Natural Gas Associates, a Colorado general partnership, whose
address is 1200 Trinity Place, Deaver, Colorado 80202, hereinafter
referred to as "Lessee".
WITNESSETH THAT:
WHEREAS, Lessor is the owner of the real property described below and on
Exhibit A attached hereto and desires to lease said real property to
Lessee for business purposes as defined herein; and,
WHEREAS, Lessee desires to lease the real property described below,
hereinafter referred to as the "Leased Premises", for the purposes of
constructing, operating and maintaining a natural gas processing plant,
together with such other materials, pipelines, equipment or apparatus
deemed necessary by Lessee for the efficient operation thereof;
NOW, THEREFORE, for and in consideration of the mutual covenants and
promises herein contained, the parties hereto agree as follows:
1. LEASED PREMISES
1.1 Subject to the provisions hereof, Lessor hereby leases to
Lessee the following real property, legally described as
follows, together with all improvements located and con-
structed thereon:
See legal description and plat attached hereto
as a composite Exhibit A and incorporated herein
by reference.
].2 The Agreement constitutes and evidences the lease al ow,.
al by Lessor to Lessee of surface rights only and
shall in no way be construed or imply a conveyance of any
mineral rights held by Lessor underlying the Leased Prem-
ises.
2. PURPOSE
2.1 Lessee intends to utilize the Leased Premises to construct,
operate, expand and maintain a natural gas processing plant in
connection with Lessee's purchase, transmission, processing
and resale of natural gas and natural gas liquids to be
.01
N 0'%9:4 RUC 019?3141 04/11 /31 t: $30 0O .4/0141
F War,' MAIO i tfl4 IEUF.b.cl l71 CIII:k A REC0I:DLF: WEI.D GO, CM
carried on in the geographic area in which the Leased
Premises is located, with an easement for ingress and egress
to said processing plant by Lessee's trucks and trailers and
parking of the same, together with such other materials,
equipment or apparatus deemed necessary by the Lessee for
the proper conduct of its business, hereinafter referred in
the aggregate as the "facilities".
2.2 Lessee shall have the right to make any and all improvements
deemed necessary upon the Leased Premises, subject to the
prior written consent of Lessor, which consent shall not be
unreasonably withheld. All materials, structures, fixtures
and other improvements placed or constructed by Lessee on
said Leased Premises, except those which cannot be rea-
sonably removed from the Leased Premises without irreparable
damage to the same, shall remain the property of Lessee and
may be removed by Lessee within a reasonable time after
termination or expiration of this Lease or any extension
thereof. Upon termination of this Lease or any renewals or
extensions thereof, Lessee agrees to return the Leased
Premises to Lessor in as good condition as when Lessee took
possession thereof, reasonable were and tear excepted.
3. UPKEEP OF PREMISES AND UTILITIES
3.1 Lessee agrees, at its expense, to maintain the Leased
Premises and Lessee's facilities thereon in good condition
and free from spilled hydrocarbons and debris or any other
condition which may be hazardous to the operation of the
facilities. Further, Lessee agrees at its expense to
maintain and repair during the term hereof, the access road
to the Leased Premises and utilized by Lessee for ingress
and egress to the facilities.
3.2 Lessee agrees to leave the farm access in its present state.
3.3 If Lessee desires to use any utility connections on the
Leased Premises, Lessee agrees to pay all connection and
meter fees as well as costs for any extension and/or mainte-
nance of the lines.
4. TERM
4.1 Subject to the provisions hereof, this Lease shall be for a
term of ninety-nine (99) years, commencing retroactively on
January 18, 1983, and terminating January 18, 2082, unless
otherwise extended as provided herein.
w 0993 RFC 01'/?;141 04fIi/03 I';-.t7 1..50.0* itoi0
F OB1.3 MARI niJN FENE:I<.V'F1N CI FRK b HF.LORDIR WELD CO• CU
4.2 After the termination date hereof, Lessee shall have the
option and first right of refusal to renew this Agreement
for an additional term and upon terms and conditions mutual-
ly negotiated between the parties.
•
4.3 Lessor, during the term hereof or any extension or renewal
thereof, shall not have the right to cancel this Agreement
except upon the occurrence of default as defined herein.
Lessee, during the base term hereof, may only cancel this
Agreement upon written notification to Lessor sixty (60)
days prior to the end of any calendar year, or upon the
occurrence of an event of default by Lessor as defined
herein.
Upon any termination or cancellation above described, Lessee
• shall not be entitled to receive a refund from Lessor of any
rentals paid hereunder.
5. RENTALS
Lessee shall pay to Lessor as lump-sum rent hereunder for the
entire term hereof the sum of Thirty-Nine Thousand ($39,000.00)
Dollars in hand paid to Lessor and receipt of which is hereby
acknowledged.
6. ASSIGNMENT
Either party may assign its interest in this Agreement upon written
notification to the other party advising of the effective date of
the assignment and the name and address of the assignee. Any such
assignment shall be subject to this Agreement and the rights and
duties contained herein, and any assignee shall be bound thereby.
Lessee shall have the right to sublease all or any portion of the
Leased Premises, subject "to the prior written consent of Lessor,
which consent shall not be unreasonably withheld. In such event,
Lessee agrees to provide Lessor notice of the party or parties to
whom the Leased Premises or any portion thereof is subleased,
including the name and address of said party or parties, the term
of the sublease and the legal description of the premises sub-
leased.
7. COMPLIANCE WITH GOVERNMENTAL AND ENVIRONMENTAL REQUIREMENTS
7.1 Lessee's operations and facilities on the Leased Premises
shall comply with all federal, state and other governmental
requirements, including but not limited to statutes, rules
and regulations pertaining to safety, health and environ-
mental protection, including county and subdivision cove-
nants.
r•. -3-
M WewsNT7" 0192514i p4/11!R3 1'.. t s.)(i.'.7 f) 4/010
I o054 riAF:Y ANN I-1-LIFF'S rr IN 1'.IFFp h RECORDER WILD CO. CO
,.-�. 7.2 Lessee shall comply with all governmental laws, ordinances
and regulations applicable to the Leased Premises, and shall
promptly comply with all governmental orders and directives
for correction, prevention and abatement of nuisances or
prohibitive acts on the Leased Premises, or connected
therewith, all at Lessee's expense.
8. TAXES
8.1 Lessor shall pay all real property taxes levied against the
Leased Premises, subject to the limitations set out below.
8.2 Lessee shall pay any use or occupation tax, license or
permit fee that may be payable because of Lessee's use of or
operations on the Leased Premises, as well as any personal
property taxes assessed against any personal property and/or
fixtures placed upon the Leased Premises by Lessee.
In the event city, county or state property taxes levied
against the Leased Premises are increased during the base
term hereof or any renewals or extensions thereto and such
increases are attributable to Lessee's construction and
operation of the facilities thereon, Lessee shall pay Lessor
all such tax increases as they apply to the Leased Premises
within thirty (30) days of receipt of invoice therefore. In
the event such tax increases are assessed for a tax year
extending beyond the term of this Lease or any renewals or
extension thereof, Lessee shall pay its proportionate share
of such increases for the portion of said year during which
Lessee occupied and utilized said Leased Premises. For the
purposes hereof, the tax base for the year 1982 shall
control.
8.3 Lessor shall pay any 'and all ad valorem taxes for the term
of this lease.
9, WARRANTY OF TITLE AND SUBROGATION
Lessor warrants title to the Leased Premises and will defend the
same against all persons, and agrees that Lessee shall have the
right at any time to redeem on behalf of Lessor, by payment there-
of, any debt, taxes or other liens thereon in the event of default
by Lessor and be subrogated to the rights of the holder thereof and
may deduct any such payments from subsequent rentals, or enforce
any other rights and remedies afforded by law.
�" ;' .
lc ('9 '.3 I+,.1: (Nv'314I o4/1 183 IS i; 350.00 5/010
OE4 v; hAF^l ANN FILILw;:IFiN CI. FF.R h RfCCOORDER WELD CO, Co
10. RIGHT OF ACCESS
Lessor shall have the right of access to the Leased Premises and
the improvements constructed thereon during normal business hours
for the purpose of inspection, posting such signs or notices as
Lessor may deem necessary for the protection of Lessor or the
Leased Premises as long as such signs are not objectionable to
Lessee and do not unduly interfere with Lessee's business op-
erations, repossessing said Leased Premises and to show the Leased
Premises to prospective purchasers, mortgagees, and/or benefi-
ciaries under trust deeds. During the last sixty (60) days of the
term of this Agreement or any extension or renewal thereof, Lessor
shall have the right to show the Leased Premises to prospective
tenants and to place and maintain in or upon the Leased Premises in
one or more conspicuous places "For Rent", "For Lease", an/or "For
Sale" signs, but such signs shall not be so placed in or upon the
Leased Premises so as to unduly interfere with Lessee's business
operations.
11. DEFAULT
If Lessee uses the Leased Premises for illegal or unlawful pur-
poses, is adjudged a bankrupt or files a petition in bankruptcy, or
if Lessee defaults in the performance or observance of any of the
terms, covenants and stipulations hereof, and if such failure or
default shall continue for a period of fifteen (15) days after
written notice thereof by Lessor to Lessee, then and in such event
Lessor shall have the right to pursue such legal remedies as may be
available to protect Lessor's rights and the Leased Premises.
In the event Lessor fails to comply with or perform in accordance
with the terms, covenants and stipulations contained herein, such
failure shall constitute an event of default on the part of Lessor.
In the event either party brings or commences legal proceedings
against the other to enforce any of the terms of this Agreement,
the successful party in such action upon final adjudication includ-
ing any and all appeals, shall be entitled to receive from the
other party a reasonable sum as attorney's fees and costs; to be
fixed by the court in the same action.
12. SURRENDER OF LEASED PREMISES
12.1 Upon the expiration of the base term of this Lease or any
extensions thereof, however, the same may be brought about,
Lessee shall surrender the Leased Premises to Lessor
peaceably in as good condition as when received by Lessee,
usual wear and tear excepted. Lessee shall remove all
r.. -5-
L' Ooti3 MI l !'I 11 04/11/03 15 3? 3:.1 fi.�ia ni01O
f 091E ihAkr ANN I LIIFRSII'IN II if i< .t RF CORDER WI I) CO, CO
personal property, fixtures or other improvements placed or
constructed on Leased Premises by Lessee, except as provided
herein, within thirty (30) days from the effective date of
such expiration Or termination.
12.2 In the event Lessee abandons the Leased Premises for a
period of twelve (12) consecutive months, this Agreement
shall be deemed terminated and Lessee shall be required to
take those actions required above regarding surrender of the
Leased Premises upon termination.
13. INSURANCE AND INDEMNIFICATION
13.1 Lessee, during the base term hereof and any renewals or
extensions thereto, shall obtain and maintain in force and
effect adequate property and personal liability insurance
coverage relating to its operations to be carried out upon
the Leased Premises.
13.2 Lessor shall not be liable either to Lessee or to Lessee's
employees, agents or invitees, or to any other person
whomsoever, for any death, injury to person or damage to
property on or about the Leased Premises when caused solely
by Lessee's use and occupation thereof and activities
thereon; and Lessee shall and hereby does agree to indemni-
fy, save and hold harmless Lessor of and from any and all
claims, demands, actions or causes of action of whatsoever
kind stemming from ar arising out of Lessee's use and
occupation of and activities carried out upon the Leased
Premises.
14. WELLS DRILLED BY LESSOR
During the term hereof, in the event Lessor should drill and
complete or participate in the drilling or completion of any oil or
gas wells which are capable of producing natural gas and/or liquid
hydrocarbons, and such wells are located in the geographic area
capable of being served by Lessee's facilities located on the
Leased Premises, and the connection of such wells to Lessee's
facilities is economic in Lessee's opinion, Lessee agrees to
connect such wells upon terms and conditions no less favorable to
Lessor than those then being offered by Lessee to other producers
or operators in the area.
15. ENTIRE AGREEMENT
15.1 This lease Agreement constitutes the entire agreement
between the parties and no amendments, additions, deletions,
5" •
N 0991 RFC OI'i,'+14) 04,iIZVI{ 5`i Z." #{0.00 7/0,0
F ON17 MART NiA FEIJF PSI F'lN fI FRA b RI1LORDER WF_LP CO, CO
or modifications may be made thereto except as mutually
agreed upon in writing between the parties hereto.
15.2 The terms, conditions and covenants contained herein shall
inure to the benefit of and be binding upon the parties
hereto, their heirs, personal representatives, executors,
successors and assigns.
16. NOTICES
Any notice or communication required or permitted pursuant to this
Lease Agreement shall be sufficiently given if sent by certified
mail, postage prepaid, addressed to the party for whom intended at
the last address specified for such party, or if not so specified,
to its last known address.
17. CONSTRUCTION OF AGREEMENT
This Agreement shall be construed anal governed by the laws of the
State of Colorado.
' ' IN WITNESS WHEREOF, this instrument has been executed by the parties
'\pf 17p7•, reto as of the day and year first above written.
try- -•'y '
.o •
18= ATTEST: LESSOR: DON ANDERSON. INC.
�L4- ! a :
'L 0•'6 8Y: f�. certif.:,:-Nw
•, O.11-NDER50 1EN VERNA 6. ANDERSON,SECRETARY
•
,•''-ATTEST: LESSEE: NATURAL GAS ASSOCIATES, A COLORADO PARTNERSHI
BY: ASSOCIATED
NATURAL GAS, INC., MANAGING PARTNER
•
,: •. �Lc ffANRRTI'^^ 8Y:
Erik B. Carlson._SEDRE C. decraffe ied PRESIDENT
STATE OF COLORADO
) ss.
CITY AND COUNTY OF DENVER )
Before me, Linda S. Folsom, a notary public in and for said county
and state, on this 8th day of April, 1983, personally appeared
J. C. deCraffenried and Erik B. Carlson , known to me to be
the President and Secretary respectively, of Associated Natural
Gas,-Tnc., a Colorado corporation, the Managing Partner of Natural Gas
Associates, a Colorado general partnership, on behalf of said
,partnership and acknowledged to me that they executed this Agreement for
the ai ps and purposes therein set forth.
°Taer )
' •
Nait PUBLIC
'U;l.?C' 1801 BROADWAY, DENVER, CO 80202
MY COMMISSION EXPIRES:
DECEMBER 10, 1984
/� 7
•
Ii 1,99% H L 'WC.4141 04, 11/W4 i•, iy 140,.00 G;iiio
f oi11D figF•:Y Calf; Fk P.M-IN Cl.I.1il( t, RI'I:Uh'PI'F' WI'I.D CO, CO
i^ STATE OF COLORADO
I ss.
CITY OF EATON COUNTY OF WELD)
Before me, • ' •,yt': , a notary public in and for
said county and state, on this Bet day of April, 1983, personally
appeared Don G. Anderson and Verna G. Anderson, known to me to be the
President and Secretary respectively, of Don Anderson, Inc., a Colorado
corporation, on behalf of said corporation and acknowledged to me that
they executed this Agreement for the uses and purposes therein set
forth.
�'.'... ...... ` /
> Dinar NOTARY PUBLIC i iic✓.f.
,p n ikrii741j15i0N EXPIRES:
..v_n•Trt -?6
,••••••-•
•
-8-
•RECORDED EXEMPTION NO.
P (11/3 fif-1.: Of'0.'141 04/11/H3 IS R? S3O.Uo 9/O1U
F Oki Hi+lr I ANN FEVERS'LIN CL ERI; & U RFFil (7
E'DER WEI_ 1: , Co
tame-- 34 L4
N (car,4-
3.9544cree
COrB
5'.E.14;skip.gar 7.--7:44raar
.ra
•la et
et:Dr VI
Geor25"
•
LOCATION MAP
'1 0994 RELIC 019.'3141 04/41/33 IS'.37 F30,00 10/040
o370 MARY ANN FEUERSIFlM CLERK S RECORDER WLI.D CO, CO
LEGAL DESCRIPTION
A tract of land in the Southeast Quarter (SE%) of Section 34,
T7N, R66W, of the 6th Principal Meridian, County of Weld,
State of Colorado, being more particularly described as
follows:
Beginning at the Southeast Corner of a tract of
land conveyed to Dr. Robert C. Graves by deed
recorded October 17, 1980, in Book 917, under
Reception No. 1839202, Weld County Records, said
point being the True Point of Beginning; thence
South 84 24' 31" West 500.00 feet parallel to the
South right-of-way line of the Great Western
RaAlroad; thence North 160.00 feet; thence South
84 24. 31" West 524.36 feet; thence gouth 5 35'
29" East 248.81 feet; thence North 84 24' 31"
East 1,000.00 feet; thence North 90.00 feet,
to the True Point of Beginning, containing 3.954
acres, more or less,
Hello