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Home My WebLink About20050549.tiff ,\ DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 I FAX (970) 304-6498 WI 918 10`1 Street C. GREELEY, COLORADO 80631 COLORADO March 9, 2005 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: AmUSR-1416 There will be a Public Hearing before the Weld County Planning Commission on Tuesday,April 5, 2005, at 1:30 p.m., in the Hearing Room, Weld County Planning Department, 918 1011 Street, Greeley, Colorado concerning the request of: NAME: William & Ann Stonebraker FOR: A Site Specific Development Plan and Special Review Permit for a Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone District(Display Fireworks Storage and fireworks equipment staging facility along with an office) in the A(Agricultural)Zone District LEGAL DESCRIPTION: Lot B of RE-3589; Pt of the NE4 of Section 28, T2N, R64W of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to CR 18; 1/2 mile east of CR 53. Your property is within five-hundred (500)feet of the property on which this request has been made or you may have an interest in the minerals located under the property. For additional information write or telephone Chris Gathman, Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 918 101h Street, Greeley, Colorado 80631, on or before the date of public hearing. For your convenience, the Department of Planning Services has instituted a Planning Commission Agenda Phone Line. In some circumstances cases need to be continued to a later date. To ensure that this case is being heard, you may call 970-304-6499, up to the day of the scheduled hearing for this information. CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Case Number AmUSR-1416 was placed in the United States Mail, first class mail, postage prepaid, addressed to the following properties. Dated the 10' day of March, 2005 l � � l_ Voneen Macklin JAMES BRNAK PO BOX 305 KEENESBURG CO 80643 • RANDALL CURL P26521 CR 18 KEENESBURG CO 80643 LARRY FULKERSON PO BOX 19 FIRESTONE CO 80520 STANLEY GINGERICH PO BOX 316 KEENESBURG CO 80643 JOHN HORTON SOLOMOM PEARL BLUM HEYMANN & STICH 1801 BROADWAY STE 500 DENVER CO 80202 KELLER FARM 14802 W 44 AVE GOLDEN CO 80403 SUSAN KRCMARIK 3316 SAGEWATER COURT FORT COLLINS CO 80528 ROBIN MCINTOSH 8335 CR 55 KEENESBURG CO 80643 DONALD MORGAN 26731 CR 18 KEENESBURG CO 80643 CHARLES TWEEDY 26216CR18 KEENESBURG CO 80643 BLUE & GRAY RESOURCES 10304 STONEFLOWER DRIVE PARKER CO 80134 JIM & HELEN REIS PO BOX 357 26030 CR 18 KEENESBURG CO 80643 AFFIDAVIT OF INTERESTED LAND OWNERS Page 1 of 2 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 130528100033 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. UL1CiC\ Signature Date Property Owners Within 500 ft. of Parcel# 130.5.28100033 NAME MAILING ADDRESS PARCEL IDENTIFICATION # PO BOX 305 BRNAK JAMES JOSEPH 130528000022 KEENESBURG,CO 80643 CURL RANDAL L & CHRISITNE 26521 COUNTY RD 18 A 130521000013 KEENESBURG,CO 80643-9608 POBOXI9 FULKERSON LARRY A & 130528100032 FIRESTONE,CO 80520 PO BOX 316 GINGERICH STANLEY 130527000020 KEENESBURG,CO 80643 PO BOX 316 GINGERICH STANLEY F 130522000005 KEENESBURG,CO 80643 C/O SOLOMON PEARL BLUM HORTON JOHN T HEYMA & STICH 130528000011 1801 BROAD WAY STE 500 DENVER,CO 80202 14802 W 44 AVE KELLER FARM PROPERTY LLC 130521000005 GOLDEN,CO 80403 KRCMARIK SUSAN C/O SUSAN FLEISCHMANN FLEISCHMANN (1/4 INT) & KRCMARIK 130527000021 3316 SAGEWATER COURT http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=130528100033&Par... 03/09/2005 AFFIDAVIT OF INTERESTED LAND OWNERS Page 2 of 2 FORT COLLINS,CO 80528 8335 COUNTY RD 55 MCINTOSH ROBIN L SR& 130521000015 KEENSBURG,CO 80643 26731 COUNTY RD 18 MORGAN DONALD D JR & 130521000014 KEENESBURG,CO 80643 26216 COUNTY RD 18 TWEEDY CHARLES W 130528000026 KEENESBURG,CO 80643 http://maps.merrick.com/website/weld/sotSgl.asp?cmd=buffer&PIN=130528100033&Par... 03/09/2005 jot fie;t: DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 ' FAX (970)304-6498 918 10`" Street C. GREELEY, COLORADO 80631 COLORADO February 2, 2005 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: AmUSR-1416 There will be a Public Hearing before the Weld County Planning Commission on Tuesday,January 18, 2005, at 1:30 p.m., in the Hearing Room, Weld County Planning Department, 4209 CR 24 1/2, Longmont, Colorado concerning the request of: NAME: William &Ann Stonebraker FOR: A Site Specific Development Plan and Special Review Permit for a Use by Right,Accessory Use or Use by Special Review in the Commercial or Industrial Zone District(Display Fireworks Storage and fireworks equipment staging facility along with an office) in the A(Agricultural)Zone District LEGAL DESCRIPTION: Lot B of RE-3589; Pt of the NE4 of Section 28,T2N, R64W of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to CR 18; 'V2 mile east of CR 53. Your property is within five-hundred (500)feet of the property on which this request has been made or you may have an interest in the minerals located under the property. For additional information write or telephone Chris Gathman, Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 918 10th Street, Greeley,Colorado 80631, on or before the date of public hearing. For your convenience, the Department of Planning Services has instituted a Planning Commission Agenda Phone Line. In some circumstances cases need to be continued to a later date. To ensure that this case is being heard, you may call 970-304-6499, up to the day of the scheduled hearing for this information. • 2005-0549 SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATES/INTEREST OWNER MINERAL INTEREST ARE OWNERS BRNAK PO BOX 305 KEENESBURG CO 80643 CURL 26521 CR 18 KEENESBURG CO 80643 FULKERSON PO BOX 19 KEENESBURG CO 80643 GINGERICH . PO BOX 316 KEENESBURG CO 80643 HCP VENTURES 3002 S HURON ST ENGLEWOOD CO 80110 HORTON COLOMON PEARL BLUM 1801 BROADWAY STE. 500 DENVER CO 80202 KELLER 14802 W 44 AVE GOLDEN CO 80403 KRCMARIK SUSAM KRCMARIK 3316 SAGEWATER COURT FORT COLLINS CO 80528 MCINTOSH 8335 CR 55 KEENESBURG CO 80643 MORGAN 26731 CR 18 KEENESBURG CO 80643 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number AmUSR-1416 in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 2n° day of November, 2004. Cvv c�> k�� lrkLY L Voneen Macklin AFFIDAVIT OF INTEREST R4)LAND OWNERS — Page 1 of 2 AFFIDAVIT OF INTERESTED LANDOWNERS SURFACE ESTATE Subject Parcel: 13052810003.3 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. 4,„, mature /0 -28- ray Date Property Owners Within 500 ft. of Parcel# 130528100033 NAME MAILING ADDRESS PARCEL IDENTIFICATION It PO BOX 305 BRNAK JAMES JOSEPH 130528000022 KEENESBURG,CO 80643 CURL RANDAL L & CHRISITNE 26521 COUNTY RD 18 A 130521000013 KEENESBURG,CO 80643-9608 POBOX 19 FULKERSON LARRY A& 130528100032 FIRESTONE,CO 80520 P O BOX 316 GINGERICH STANLEY 130527000020 KEENESBURG,CO 80643 POBOX316 GINGERICH STANLEY F 130522000005 KEENESBURG,CO 80643 3002 S HURON ST HCP VENTURES LLLP 130528000026 ENGLEWOOD,CO 80110 C/O SOLOMON PEARL BLUM HORTON JOHN T HEYMANN& STICH 130528000011 1801 BROADWAY STE 500 DENVER,CO 80202 14802 W 44 AVE KELLER FARM PROPERTY LLC 130521000005 GOLDEN,CO 80403 http://maps.merrick.conVwebsite/weld/setSgl.asp?cmd=buffer&PIN=130528100033&Par... 10/28/2004 AFFIDAVIT OF INTEREST)LAND OWNERS Page 2 of 2 C/O SUSAN FLEISCHMANN KRCMARIK SUSAN KRCMARIK 130527000021 FLEISCHMANN (1/4 INT)& 3316 SAGEWATER COURT FORT COLLINS,CO 80528 8335 COUNTY RD 55 MCINTOSH ROBIN L SR& 130521000015 KEENSBURG,CO 80643 26731 COUNTY RD 18 MORGAN DONALD D JR& 130521000014 KEENESBURG,CO 80643 http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=130528100033&Par... 10/28/2004 Weld County, Colorado — Page 1 of 3 Weld County, Colorado •• � � 4 Weld Centy.Coloado http://maps.merrick.com/servlet/com.esri.esrimap.Esrimap2ServiceName=weldovr&For... 10/28/2004 • AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE • Property Legal Description: 1 ,-� a. ,/pre ---„„-46,.. : _i/; r > /0.-. tic7re — 26 ..-/ F_3S-g ti- e. f r/. a a, ,._I, Li f %r ;o/e la Parcel Number / .: 0Si-- 2o _ / _ 0 0 _ o 3 (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessors Office,or www.co.weld.co.us). (Include all lots being included in the application area,If additional space is required,attach an additional sheet) STATE OF COLORADO ) ,Q ) ss. t A COUNTY OF W L(/ler ) o r` THE UNDERSIGNED,being first duly sworn,states that to the best of his or her knowledge,the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land being considered. The list shall be prepared from the real property records by a person ^ qualified to do the task, and shall be current as of a date more than thirty(30) days prior to the date the application is submitted to the Department of Planning Services. Note:Mineral Notification is in addition to that required by C.R.S. 24-65.5-102 through 104. By: `/ ' A/AA-7 , Ps 4,z Title:( The foregoing instrument was subscribed and sworn to me this 0 't day of dc4 her-- , _,-9,p0ii- . WITNESS my hand and official seal. My Commission Expires: �> L .:,N7A R. f:.9o/,LE I. ,',-,r,I Notary Public NOTARY PUBLIC STATE OF COLORADO -13- Mineral Interest Stonebraker Equipment Staging & Storage Facility The Applicants, as owners of the Subject Site, also own in their entirety all subsurface oil, gas, hydrocarbons and other minerals. (See attached Deeds and Title Commitment.) A"Paid-Up Oil & Gas Lease) has been executed between the Applicants (lessor) and Blue& Gray Resources, Inc. (leasee) effective September 1, 2003 (copy attached) and the aforesaid leasee will be notified of this USR Application. Producers a6 PAID-UP OIL AND GAS LLnSE Rocky Mountain 2000 (Pad-Up Rev 1996) 458 Blue&Gay Resources,Inc. t�11 y I.��1 1 THIS AGREEMENT,made and entered into this 1 st day of September.2003, by and between /316:1N4 . tOkte-BIZAkE-t1 N :n Stonebraker,4502 Weld County Road 11, Erie, CO 80516 hereinafter called lessor(whether one or more), and Blue & Gray Resources, Inc.,10304 Stoneflower Drive,Parker,CO 80134,hereinafter called lessee: WITNESSETH: 1.That lessor,for and in consideration of--Ten-- dollars ($ '10.00' )in hand paid,receipt of which is hereby acknowledged,and of the agreements of lessee hereinafter set forth,hereby grants,demises, leases and lets e—xcTusively unto lessee the lands described below for the purpose of investigating,prospecting,exploring (by geophysical and other methods), drilling, mining,operating for and producing oil or gas,or both(as defined below),together with the right to construct and maintain pipelines,telephone and electric lines. tanks,ponds,roadways,plants,equipment,and structures thereon to produce,save and take care of said oil and gas(which right shall include specifically a right-of-way and easement for ingress to and egress from said lands by lessee,or its assignees,agents or permittees,necessary to or associated with the construction and maintenance of such pipelines,telephone and electric lines,tanks,ponds,roadways,plants,equipment,and structures on said lands to produce, save and take care of the oil and gas),and the exclusive right to inject air, gas, water,brine and other fluids from any source into the subsurface strata,and any and all other rights and privileges necessary,incident to,or convenient for the economical operation of said land, alone or conjointly with neighboring land,for the production,saving and taking care of oil and gas and the injection of air, gas,water, brine,and other fluids into the subsurface strata, said lands being situated in the County of WELD , State of COLORADO described as follows,to-wit: Northeast quarter, Section 28, 2N, 64W Weld County, Colorado In addition to the land described above,lessor hereby grants,leases and lets exclusively unto lessee,to the same extent as if specifically described,lands which are owned or claimed by lessor by one of the following reasons: (1)all lands and rights acquired or retained by lessor by avulsion,accretion,reliction or otherwise as the result of a change in the boundaries or centerline of any river or stream traversing or adjoining the lands described above;(2)all ripacan lands and rights which are or may be incident,appurtenant,related or attributed to lessor in any lake,stream or river traversing or adjoining the lands described above by virtue of lessors ownership of the land described above;(3)all lands included in any road,easement or right-of-way traversing or adjoining the lands described above which are or may be incident,appurtenant,related or attributed to lessor by virtue of lessors ownership of the land described above;and(4)all strips or tracts of land adjacent or contiguous to the lands described above owned or acquired by lessor through adverse possesson or other similar statutes of the state in which the lands are located. For the purpose of calculating payments provided for herein,it shall be deemed that the lands covered by this lease contain 160 acres,whether there actually be more or less. The term oil as used in this lease shall be interpreted to include any liquid hydrocarbon substances which occur naturally in the earth,including drip gasoline or other natural condensate recovered from gas without resort to manufacturing process. The term gas as used in this lease shall be interpreted to include any substance,either combustible or non- combustible,which is produced in a natural state from the earth and which maintains a gaseous or rarified state at ordinary temperature and pressure conditions,including but not limited to helium,nitrogen,carbon dioxide,hydrogen sulfide,coal bed methane gas,casinghead gas and sulphur. Subject to the other provisions herein contained,this lease shall remain in force for a term of three(3)years from this date(herein called'primary term")and as long thereafter as oil ^gas,or either of them,is produced from the leased premises or drilling operations are continuously prosecuted. For purposes of this lease,a well completed for the production of a methane gas shall be deemed to be producing gas under this lease at all times when dewatering of the coal seams from which the coalbed methane gas will be produced is For purposes of this lease,"drilling operations shall include operations for the drilling of a new well and operations for the reworking,deepening or plugging back of a well or hole or other operations conducted in an effort to establish,resume or re-establish production of oil and gas;drilling operations shall be considered to be'continuously prosecuted'if not more than one hundred twenty(120)days shall elapse between the completion and abandonment of one well or hole and the commencement of drilling operations on another well or hole;drilling operations shall be deemed to be commenced for a new well at such time as lessee has begun the construction of the wellsite location or the road which provides access to the wellsite location;and drilling operations shall be deemed to be commenced with respect to reworking,deepening,plugging back or other operations conducted in an effort to resume or re-establish production of oil and gas at such times as lessee has the requisite equipment for such operations at the wellsite. 2.The lessee shall deliver to the credit of the lessor as royalty.free of cost,in the pipeline to which lessee may connect its wells the equal one-eighth(1/8)part of all oil produced and saved from the leased premises,or lessee may from time to time at its option purchase any royalty oil in its possession,paying the market price thereof prevailing for oil of like grade and gravity in the field where produced on the date of purchase. The lessee shall pay lessor,as royalty,on gas,including casinghead gas or other gaseous substances,produced from the leased premises and sold or used off the premises or used in the manufacture of gasolina or other Products.the market value at the well of one-eighth((1181 of the oat sold or used.provided that on gas sold the royalty shall he one-eighth (118)of the amount realized from such sale. The amount realized from the sale of gas shall tie the price established by the gas sales contract entered into in good faith by lessee and a gas purchaser for such term and under such conditions as are customary in the industry. 'Price'shall mean the net amount received by lessee after giving effect to applicable regulatory orders and after application of any applicable price adjustments specified in such contract or regulatory orders. In the event lessee compresses,treats,purifies or dehydrates such gas (whether on or off the leased premises)or transports gas off the leased premises,lessee in computing royalty hereunder may deduct from such price a reasonable charge for each of such functions performed. 3.This is a paid-up lease and all cash consideration first recited above and annual rentals have been paid to lessor in advance to keep this lease in full force and effect throughout the primary term.In consideration of the payment of such cash consideration and advance of annual rentals,lessor agrees that lessee shall not be obligated,except as otherwise provided herein,to commence or continue any operations during the.primary term. Lessee may at any time or times during or after the primary term surrender this lease as to all or any portion of the land described above,and as to any strata or stratum,by delivering to lessor or by filing of record a release or releases,and be relieved of all obligations thereafter accruing to the acreage surrendered. 4.Any payments required to be made to lessors pursuant to this lease,other than the payment of royalties,may be paid by lessee to the lessor or to lessor's credit in the NA Bank,at NA (or its successor or successors,or any bank with which it may be merged or consolidated,or which succeeds to its business assets or any part thereof,by purchase or otherwise)which shall continue as the depository regardless of changes in the ownership of said land or the oil and gas. All such payments may be made by cash,check or draft,mailed or delivered on or before the due date for that payment. Any payments so made shall be binding on the heirs,devisees,executors,administrators,and personal representatives of lessor and on lessors successors in interest or on lessors assigns. 5.If,at the expiration of the primary term of this lease,oil or gas is not being produced from the leased premises but lessee is then engaged in drilling operations,this lease shall continue in force so long as drilling operations are continuously prosecuted;and if production of oil or gas results from any such drilling operations,this lease shall continue in force so long as oil or gas shall be produced from the leased premises. If,after the expiration of the primary term of this lease,production on the leased premises should cease for any cause. this lease shall not terminate if lessee is then engaged in drilling operations.or within one hundred twenty(120)days after each such cessation of production commences or resumes drilling operations,and this lease shall remain in force so long as drilling operations are continuously prosecuted,and if production results therefrom,then as long thereafter as oil or gas is produced from the leased premises. 6.If at any time,either before or after the expiration of the primary term of this lease,there is a well capable of producing oil or gas on the lands covered by this lease,or on other la-" -with which lands covered by this lease are pooled or unitized,but the well is shut-in,whether before or after production therefrom.and this lease is not being maintained otherwise 'ided herein,this lease shall not terminate(unless released by lessee)and it shall nevertheless be considered that oil or gas is being produced from lands covered by this lease c all times while the well is so shut-in. Lessee shall use reasonable diligence to market the oil or gas capable of being produced from such shut-in well, but shall be under no obligation to market the oil or gas under terms,conditions or circumstances which,in lessee's judgment exercised in good faith,are unsatisfactory. When the lease is continued in force in this manner,lessee shall pay or tender to the lessor or lessor's successors or assigns,an amount equal to$1.00 per year per net mineral acre covered by the lease. Such payments shall be made on or before the shut-in royalty payment date,as defined below,next occurring after the expiration of one hundred twenty(120)days from the date the well was shut-in, unless prior to such date oil or gas from the well is sold or used or the lease is otherwise maintained as provided herein. In like manner,on or before each succeeding shut-in royalty payment date while such well remains shut-in lessee shall make payment of shut-in rogalty in the same amount and manner. The term`shut-in royalty payment date' shall mean the anniversary date of this lease.Any shut-in royalty payment may be made by cash,drag nr check,mailed cr tendered on or before the shut-in royalty date,Lessee's failure to pay or tender, or properly pay or tender,any such auni shall renoier lessee liable for the amount due but it shall not operate to terminate the lease. 7.If lessor owns a lesser interest in the above described land other than the entire and undivided fee simple estate therein,then the royalties,including shut-in royalty,herein provided shalt hp naid to loccnr only in ma nrnnortinn which lessor's interest bears to the whole and undivided fee.Any interest in production from the lands described herein to which the interest of .ssee shall have the right to unitize,pool,or combine any part of the land described above as to one or more of the' ations thereunder with other lands in the same .da by entering into a cooperative or unit plan of develop. ,t or operation approved by any governmental authority and,Iro, to time,with like approval,to modify,change ..ate any s.,ch plan or agreement and, in such event, the terms,conditions, and provisions of this lease shall be deemed nnAified to conform to the terms, conditions,and .ions of such approved cooperative or unit plan of development or operation and particularly,all drilling and development requirements of this lease,express or implied; shall be stied by compliance with the drilling and development requirements of such plan or agreement,and this lease shall not terminate or expire during the life of such plan or agreement he event that the land described above or any part thereof shall hereafter be operated under any such cooperative or unit plan of development or operation whereby the production refrom is allocated to different portions of the land covered by said plan,then the production allocated to any particular tract of land shall,for the purpose of computing th the to paid hereunder to lessor,be regarded as having been produced from the particular tract of land to which it is allocated and not to any other tract of land;and the royalty payments to made nder to lessor shale based upon production only as so allocated. 12.a me estate of either party hereto is assigned or sublet,and the privilege of assigning or subletting in whole or in part is expressly allowed,the express and implied covenants eof shall extend to the sublessees,successors and assigns of the parties;and in the event of an assignment or subletting by lessee,lessee shall be relieved and discharged as to the sehold rights so assigned or sublet from any liability to lessor thereafter accruing upon any of the covenants or conditions of this lease either express or implied. No change in nership of the land, royalties,or other payments, however accomplished,shall operate to enlarge the obligations or diminish the rights of lessee or require separate measuring or tallation of separate tanks by lessee,Notwithstanding any actual or constructive knowledge of or notice to lessee,no change in ownership of said land or of the right to receive royalties other payments hereunder,or of any interest therein,whether by reason of death,conveyance or any other matter,shall be binding on lessee(except at lessee's option in any particular se)until one hundred twenty(120)days atter lessee has been furnished written notice thereof,and the supporting information hereinafter referred to,by the party claiming as a result such change in ownership or interest. Such notice shall be supported by original and certified copies of all documents and other instruments or proceedings necessary in lessee's inion to establish the ownership of the claiming party. 13. In the interest of ccponservation,the protection of reservoir pressures and recovery of the greatest ultimate yield of oil and/or gas,lessee shall have the right to combine the ades,,premises in input wells,h other p leased prem in the same ises,and no area for he shallse be payable hereunder and maintaining epsused9fore ed ssurinand reccin for such benefiose ting locate the leased including P upon royalties payable upon Y gas repressuring recycling operations 9 emises. 14.If lessor,during the primary term of this lease,receives a bona fide offer from a third party to purchase from lessor a lease covering any or all of the substances covered by this ase and covering all or a portion of the land described herein,with such lease to become effective upon expiration of this lease,which lessor is wilting to accept from the offering party, ssor hereby agrees to notify lessee in writing of said offer immediately,including in the notice the name and address of the offeror,the price offered and all other pertinent terms and inditions of the offer.Lessee,for a period of fifteen(15)days after the receipt of the notice,shall have the prior and preferred right and option to purchase the lease or part thereof or terest therein covered by the offer at the price and on the terms and conditions specified in the offer.All offers made up to and Including the last day of the primary term of this lease call be subject to the terms and conditions of this paragraph 14.Should lessee elect to purchase the lease pursuant to the terms hereof,it.shall p so notify lessor in writing by mailtelefz*,, •telegram prior to expiration of said fifteen(15)day period.Lessee shall promptly thereafter furnish to lessor the newlea serer execution xecu onoby leessor along ther with ee's receipt ht thereof draft payablelab lessor in payment of the specified amount as consideration for the new lease,such draft being subject to approval 9 rail promptly execute said lease and retum same along with the draft through lessors bank of record for payment. 15.In the event lessor considers that lessee has not complied with all its obligations hereunder,either express or implied,lessor shall notify lessee in writing,setting out specifically what respects lessee has breached this lease. Lessee shall then have sixty(60)days after receipt of said notice within which to meet or commence to meet all or any part of the reaches alleged by lessor.The service of said notice shall be precedent to the bringing of any action by lessor on said lease for any cause,and no such action shall be brought until the ipse of sixty(60)days after service of such notice on lessee.Neither the service of said notice nor the doing of any acts by lessee aimed to meet all or any of the alleced breaches shall e deemed an admission or presumption that lessee has failed to perform all its obligations hereunder.This lease shall never be forfeited or cancelled for failure to perorm in whole or in art any of its implied covenants,conditions,or stipulations until a judicial determination is made that such failure exists and lessee fails within a reasonable time to satisfy any such ovenants,conditions,or stipulations. 16. All express and implied covenants of this lease shall be subject to all federal and state, county or municipal laws, executive orders, rules and regulations, and lessee's ibligations and covenants hereunder,whether express or implied,shall be suspended at the time or from time to time as compliance with such obligations and covenants is prevented or iindered by or is in conflict with federal,state,county,or municipal laws,rules,regulations or executive orders asserted as official by or under public authority claiming urisdiction,or Act if God, adverse field, weather, or market conditions, inability to obtain materials in the open market or transportation thereof, wars, strikes, lockouts, riots, or other conditions or ;ircumstances not wholly controlled by lessee,and this lease shall not be terminated in whole or in part,nor lessee held liable in damages for failure to comply with any such obligations frillingir enantw if orknm op therewith is the pima y term of this led or hindered a e,,or.s in conflict with under the contingenciesofthe abo eastated,shall beties.added he time to the primary term of this tease lessee l be prevented from conducting 9 P 9 primary _essor hereby warrants and agrees to defend the title to the lands described above,and agrees that lessee,at its option,shall have the right at any time to pay for lessor,any morfgace,taxes or other liens existing,levied or assessed on or against the above described lands in the event of default of payment by lessor and be subrogated to the rights of the nolder Lereof,and lessor hereby agrees that any such payments made by lessee for the lessor may be deducted from any amounts of money which may become due the lessor under the terms of this lease. 18.This lease and all its terms,conditions,and stipulations shall extend to and be binding on all successors in interest.in whole or in part,of said lessor or lessee. 19.With respect to and for the purpose of this lease,lessor,and each of them if there be more than one,hereby release and waive the right of homestead. 20. See Addendum "A" 21. See Addendum "A • " WHEREOF witness our hands as of the day and year first above written. (tiK-1-4--Jpc. A1-131-1-t-h-gitJ STATE OF (7,h.—&1 a (10 I ss. INDIVIDUAL COUNTY OF CAGLCIAY ��7�� 1. d 2003,before me personally appeared 6t,u,C.k:(L4.nr i /). On this S '—. - day of %fie. bvV,LP�- al- <'v4',(,t.1k ?` et La-- n Viltr‘114-4.6C-As2A.- to me known tcPee the person(s)described in,and who executed the foregoing instrument,and who acknowledged to me that jhe1 executed the same as rr. free act and deed, including Uietrelease dad yw91ver of the tight of homestead. /� / Gider(a'hder n;y tiand.aod seal this S day of X,)J.1QJ iivW' ,a4- .2003. My ussion expires; _ 1pazIo4; 76fixtL �t(' �, LLLL� Cr�,[q� �1 I' Notary Public for the5tate of �/ Lto,. t,1_.C /� p residing at &9iW 70. 7,p-4-L- Piae.,e( (.L./�U-Gt-/,(fI ( ,O sr✓°0-3 STATE OF us. CORPORATE COUNTY OF �- /I�.-r"lr PI. Addendum A to the Stonebraker—Blue & Gray Resources Lease Agreement dated September 15`h, 2003 20. Notwithstanding anything to the contrary contained herein, no surface operations of any kind whatsoever, including, but not limited to,well locations, surface facilities, or access roads, will be allowed on the leased premises without the express written consent of Lessor. .,.t/ (IAS 21. Blue & Gray Resources acknowledges that the fence line on the west side of the NE/4 is not on the lease line. The actual lease line, as determined by a 2003 survey, is located 50+- feet further west. This is important to note since this is a non- development lease and includes all Stonebraker lands in the NE/4 whether inside the fence line or not. 7 rifct Qj41 5 111111 11111 1111 11111111 111 Ell illitl III 1111111111111 3105458 09/11/2003 02:50P Weld County, CO 3 of 3 R 16.00 0 0.00 Steve Moreno Clerk & Recorder Hello