HomeMy WebLinkAbout20062888 528
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3363528 02/16/2006 11:37A Weld County, CO
1 of 4 R 21.00 D 0.00 Steve Moreno Clerk& Recorder
Prepared by and return to:
Nelson S. Teague, Jr.
310 Fourth Street, N. E.
Charlottesville, Virginia 22902
MEMORANDUM OF LEASE AND EASEMENT
Thounl This Memorandum of Lease and Easement ("Memorandum") is made on
tar
f}, 2006 by and between George F. Ehmke (collectively, "Lessor") and Cedar Creek
Wind Energy, LLC ("Lessee").
WHEREAS:
A. Lessor is the owner of the property described on attached Exhibit A (the
"Property").
B. The Lessor entered into a Land Lease and Wind Easement (the
"Agreement") on December 19, 2003 (the "Effective Date") with Greenlight Energy, Inc. which,
pursuant to the terms and conditions of the Agreement, was assigned and transferred to Lessee
on November 1, 2005.
C. The Agreement by its terms grants to Lessee the exclusive right to use the
Property for the purpose of constructing, installing, operating and maintaining wind energy
conversion turbines, wind resource and weather measurement equipment, supporting structures,
foundations and pads, footings, electrical transformers, fixtures, and storage equipment, electric
distribution and transmission lines, access roads, interconnection facilities and related facilities
and equipment on the Property to the extent set forth in the Agreement.
D. The term of the Agreement is forty (40) years from the Effective Date.
2006-2888
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3363528 02/16/2006 11:37A Weld County, CO
2 of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder
A^ E. The parties desire to enter into this Memorandum which is to be recorded
in order that third parties may have notice of the interest of Lessee in the Property and of certain
easements and rights granted to Lessee in the Property as part of the Agreement.
NOW, THEREFORE, in consideration of the rent and royalty payments and
covenants provided in the Agreement to be paid and performed by Lessee, Lessor hereby grants
to Lessee certain easements with respect to the Property as more particularly set forth in the
Agreement. All of the terms, conditions, provisions and covenants of the Agreement are hereby
incorporated into this Memorandum by reference as though fully set forth herein, and the
Agreement and this Memorandum shall be deemed to constitute a single instrument or document.
Should there by any inconsistency between the terms of this Memorandum and the Agreement,
the terms of the Agreement shall prevail.
IN WITNESS WHEREOF, the parties have executed this Memorandum as of the
date set forth above.
Lessor:
MARGARET E. BURNETT
l NOTARY PUBLIC ��". � -
STATE OF COLORADO Georg F hmke
(Consenting Souse)
STATE OF COLORADO
COUNTY OF WELD
The foregoir3 instrument w s acknowledged before me this .K'9 day of
L 200 by 1l9- ist� f-,✓Yy ��
. halAi-d
Title: Notary Public
[ny 626,-mmuso;t» ,.i.41•ra;t /c -AZ -mac�
Lessee: •
CEDAR CREEK WIND ENERGY, LLC
By: C /5 °L
Name: Stanislav A. Reisky de Dubnic
.---. Title: President
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Weld County, CO
3 of 4 R 21.00 D 0.00 Steve Moreno Clerk& Recorder
STATE OF VIRGINIA
COUNTY OF ALBEMARLE
The foregoing instrument was acknowledged before me this IR day of
?noon , 2000 by Stanislav A. Reisky de Dubnic as the Presidentof Lessee.
QjQ .1: p -
Nate: IJdxon 5'sang.ve? 7r_
MyC011MIfMOOR OE�KS Title: Notary Public
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3363528 02/16/2006 11:37A Weld County, CO
4 of 4 R 21.00 D 0.00 Steve Moreno Clerk& Recorder
EXHIBIT A
Legal Description of Property
George F. Ehmke
Parcel Number: 028902000001 Township 10 —Range 60— Section 02
Tract Description: W2 (Total Acres: 316)
Ehmke Ranch LLP
Parcel Number: 028901000009 Township 10 —Range 60— Section 01
Tract Description: ALL EXC MIN ON SE4 (Total Acres: 634)
Parcel Number: 028915000008 Township 10 —Range 60— Section 15
Tract Description: NE4 & SW4 (Total Acres: 316)
Parcel Number: 028912000008 Township 10 —Range 60— Section 12
Tract Description: NE4 EXC MIN (#3415A IMPS ONLY EHMKE) (Total Acres: 160)
Parcel Number: 028706000001 Township 10 —Range 59— Section 06
Tract Description: 2764 ALL 6 10 59 EXC MIN (27S) (Total Acres: 613)
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