HomeMy WebLinkAbout20013023 •
iWARRAZTTY DICED
'"� THIS DEC, !fads this day of August 18, 1997, between
RICHARD A. Einra Blur LINDA A. IOIAT,
WHO ACQUIRED TITLE AS LINDA A. BIELL&
j of the County of 111W and State of COLORADO, grantor,
and
MIMEO= M. LOAM= Mm LIIrDA C. LORD=
whose legal address is €254 IOLLD COWiTR ROAD 26,
LOIR O1T, CO 40504 of the County of =ID and State of
COLORADO, granteesI
nl son, that the peter, for sod in mmidentioa of the sues of $00,000.00 90tMAR9, the receipt sad
Sa5thecy of MivA is hereby acknowledged, hes grated, bargained, sold end oonweyd, sad by them presents doe
gent, bargain sell, aaeey end confirm unto the grantee, their heirs and assigns forever, not in tenancy in
Ras Deis Shat tenancy, all the rest property, Usage with lamowaants, if any, situate, lying and being in
the County of!D sod Wtm of Calendo, described a follwe
ass IRSIEIT A ATTACHED HERETO AND laDI A PART arbor ST THIS REPE7tunxCs
2565877 8-1623 P-225 08/28/1997 12:53P PG 1 OP 2 SEC DOC 9
Meld CountyCO
.1A Buki Teukasoto Clerk & Recorder 11.00 30.00 _.
also known by street and number as 6254 WELD COUNTY ROAD 26, LONONONF7, CO 80504
TOM=with all and simpler the herediteests and spputananas thereunto belonging, or in anywise sypertaihng
e d the reversion eat reversions, reminder sad neinders, rents, issues and profits thereof; and all the estate,
right, title, interest, olds and demand whatsoever of the grantor, either in law or equity, of, in end to the stove
bargained premises, with the herediteats end appurtaeoas. _
To Mt At TO NOW the said premise stove bargained and described, with the appurtenances, unto the said
grantee, their Min and assigns forever. And the grantor, for Mehl, his heirs sod personal representatives, doe
course, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the
sealing and delivery of these presents, be is well seined of the premises shove conveyed, has good, sere, perfect,
steles end indefeasible ante of in eritsnce, in law, in fee simple, and has good right, full power and lawful
authority to pant, bargain, sell and convey the see in ginner sad fors aforesaid, and that the same are free and
clear Ina all farmer and ether grants, bargains, sales, liens, tee, assessments, aaahraaces sd restrictions of
whitener kind or nature sever, V=PR Tins rot Ti CR =LW, A LTA SOT POT TIT en a iAYMOI, RLSR®TS,
PASTRICTIOi, COLORS AID RIGrsS-Of-IHT 0[R80OID, II API,
The grader shall and will iihe!AID rum ante the thou-bargained praises in the quiet and peaceable
nuncios of the grantee, their heirs and assigns, against all and every person or penes lawfully claiming the
Mole a way part thenof.tbe angular saber shall include the plural, the plural the singular, and the use or any
gender shall be applicable to ell genders.
D RLTi83 linter the grantor has ersatd this deed on the date set forth above.
RICiRD A. RIILNA
4_A. r
at -
wee _ err .
-•x •UIEED TITLE AS LINDA A. EIELLA
Inn a comuoo t
es.
CaRl Or KeanptAR Y,o
The foregoing hutment le acknowledged before a this day of 1 , It
Minn A. RILiA AID LIMA A. BorEr, WHO ACQUIRED TITLE AS A A.
lay ameission expires: aavk.. Z1 Zoa7 WtoRnO° .
Witness my had and official anal. •
AND Lome.m C. LO1DIA1� �tytar \ i\ 2001-3023
Ia25f WIDD C80 ROAD 26 potary
L\ONtxaf, CO Rosos EXHIBIT
X VIA Rev 345=PRAM DUD (to Joint Tenants) CASG Mee DCC vii $ 30.00 V
2565871 8-1623 P-225 08/28/1991 12:53P PG 2 or 2
•
EXHIBIT "A" ?Ile
J{ ..
•
A tract of land located in the NW 1/4 of Section 6, Township 2 North, Range 67
West of the 6th P.N., Weld County, Colorado, described as follows,
Commencing at the NW Corner of sgid Section 6, from which the North 1/4 Corner
of said Section 6 bears South $9 12'01" East, 2503.20 feet;
Thence South 59013.014, East, 1370.63 feet along the North line of the Ni 1/4
of said Section 6 to the T5ue Point of Beginning;
Thence continuing South S9 12'01" Bast, 1232.57 feet along the North line of 4. -.
the NW 1/4 of said Section 6 to the North 1/4 Corner of said Section 6;
Thence South 01 14'59" West, 2740.99 feet along the North-South centerline of
said Section 6 go the center of said Section 6;
Thence North S7 20'5S" West, 1232.90 feet along the Bast-West centerline of
said Section 6 to a point from which the True Point of Beginning bears North
0116/59F East;.
Thence North 01014.59" East, 2701.16•feet to the True Point of Beginning.
TOGETHER WITH 1.41 SHARES OF CAPITAL STOCK IN THE RURAL DITCH COMPANY.
•
f .
r^
•
6 r)
NS ; , s 1011 REC 01945222 10/28/BJ 15113 $3.00 ' 1/001 p•
t ARYlg5222 F• 1850 !GIRT ANN FEUERSTEIN CLERK 0 RECORDER.If= CO. CO ' ,t , F `
ai Jr: ,,a a e.1:,,C,•,:•••••::...... a ,
T
.State Do amtary Fee
ARTHUR CROW. JR.. and.ANNE M. CROW, I 1
ste J
whose addramts6600 Wald County Road 26. Longmont, O
•
1 . , . .
County of Weld .State of - _
DOC. Colorado • for the consideration of ,� __
FEE TWO HUNDRED NINETY-SEVEN THOUSAND AND N0uI00THS---
$29.70 dollar;In hand pall,hereby seller)and convey(?)to • -
• JAMES H. FRENCH and DOLORES L. FRENCH. in joint tenancy. •— _
I
•
13302 Addiah, Cosserce City. : . County of
whore Icgal addres 4 f ••
Adams ,and State of Colorado, the fallowing real property In the I'
II County of Veld ..and•State of Colorado.to colt: II
l I The Northwest quarter of the Northeast quarter, except 2'Irods off the•east side i,
c sold to J. H. Ruttsan by deed recorded in Book 494 Pa e , gel County ��.. i records, and that part of the Southwest qua er o the Northeast quarter which
_ e 11 lies under the Last Chance Ditch (being that part of the?Southwest quarter of it
a I the Northeast quarter excepted in said deed to J. H. Ruttman), all in Section 6, I'
kITownship 2 North. Range 67 West of the 6th P.M.; 1
EXCEPT rights of way as conveyed by Deeds recorded in gook 247, tgg_≥.0QL Book Ij
I 305. Page 109, and in;ante 10711 Paga11, Weld County TabraV
_ +A j BUT RESERVING unto the Grantors, their heirs, successor#and assigns, all oil, I`
• j gas and other minerals and mineral right■ on or underlying said property not I: ••
+• 1. heretofore reserved of record, together with the right of ingress and egress I
II to prosect for, mine and remove the same; • . -
.
.. .. I
it TOGETHER WITH all water and water rights appurtenant toaid premises, including t' ros
•: 4/9ths of one share of the capital stock of The Last Chance Ditch Company; e
II
it ,. F
J II . �-
t
^' II also known as street and number 6600 Weld County Road 26, Lo'ny♦j♦gmont, Colored, 80501;
Ii is
I with all Its appurtenances,and warrant M the title to the same,subject to recorded and ••- - -
Iof
apparent easements, including rights of way for roads,ditches and utilities;
I: oil, gas and mineral reservations and 1 f record;jany liens by reason of ,
• li the inelunion of said premises in any special taxing districts: brllding, sub-
II division, land use, mobile home and zoning regulationsi right of access to harvest
+.�.•. II and remove 1981 crops; and the 1983 general.property taxes which, by reason of .I
adjustment, the Grantees name and agree to • 'F:" „ i;
Signed this 28th day of OctobJ .198 , 2
ARTHUR CROW, JR:'. PI
li
~'•.a : 1 STATE 9F,COL
ORADO, ANNE H. CROW j1 �.}:.
sa. II
County of Weld. J a�
r . '/,4 d�instrument was acknowledged before me this 28th - ••
'/ /-�Dofeili. e bar.- , 19 81 by ARTHUR CROW, JR., and ANNE H. CROW. 1•
•-I s �.o r°C`._�• •' 28th, 1985.
`�}nixflagtLzplreaApril
..•— jk,Or I�r e and official seal.Csitrata 401 tfi_m Street. Nelarl PmEt4
il Send tax Mrs. James
H.
Mr. and James H. French, Lon It. Colorado 80501. - I.
13302 Addish, Rt. 1. lox 49F, ' . yT. ��
•• 11• Commerce City, Colorado 80022. ---- +t II , . •
---I . .w
N. an. llama:Der"b•rt rent Mated.noorks ns ,^aw,tr.....,mrgm ne,nN.+jj
• ..y I."-. en.b, ,ixr ♦Tit,*Wee h 1 , tir7t,G`l 7•. �L ' 't '4, �! .rA'!4,'_ ...., a m i
x 3 1011 REC.0194522�/20/83 15:13 • . '812.00 1/004
' • I AE1145223 {�
T. r 1851 MARY AMl4 •rEUERSTEIM CLERK & ORDER;WELD CO, CO
se—
w , . ,i.DEEDOFTRUST Ott .
• `The Fded Lad lank of CRel,lu
..,. Loan Na 980127 1-0 -`�o•
FLEA-&.No. 565-8 , • ' •..
. ..- 5th October83 DU DEED OF TRUST is made on Cie day d 10 .
V.601_1_13. • z:, ii -
The perks b tea Deed dud T, are ' ' -
James M. Trench and Dolores L. Trench, his wife ` '.-•
.aces �.
"• w - M 1.e Box 49? .
Carrara City, CO 80022 .
Camrypddaas��Sure dcobredo.wnoetoughout the deed d be cad GRANTOR andte Pubic Irste. •' _
d Weld Cauay,Sue d Cdado.hereinafter reform:Ito as the*Public Trustee'. t I .:MOUNT AND TEAMS. , I e
. .... . .. „
— The GRANTOR Aumade apronisaayroN peydkgCte*Nerd the FderalLand dYAdiu. r,oteladaudMwrre a
beteadeydW.dead dtrust adsnob I vaMaatitOeddkudwlbdddmeBANKTNspmnheay
s Oust and b N M2p1 an off is w a 145,000.00 e payable N instilment*.(the led Instalment N due a. •
October 1 20
3- ')(Am Interest as'hoenMMpradasaynou.TMPmminaynaesmaa the burestrmsonte
principal wan ed K iSo provides Ton future changes In me Inter.af rates. '4'
' r. , PROPERTY CONVEYED. I . .
The GRANTOR lo secure Ns proneasay note.does by els deed of Mt grad and parry to the said Pub*TnMee Me following _
dproperty slanted In Ins Court d Web Sue of Cdaad dacrbed a allay
u The NA 1/4 of the N; 1/4, except 2 rads off the east sideaolti to J.R. Rittman by Deed
recorded in Book 494, Page 262, Weld Canty Records, and4thet pert of the SW 1/4 of
the IC 1/4 which lies alder the Last Chance Ditch (beitg._thet part of the SW 1/4 of
the IC 1/4 excepted in said Deed to J.R. iksttaan), all:in Section 6, Township 2 North,
• Range 67 West of the 6th P.M., Weld Canty, Oalorado.
i
Excepting therefrom rights of way as conveyed by Deed recorded in Book 247, Page 203,
Book 305, Page 109, and in Book 1078, Page 73, Weld County Records.
Together with 4/9 shares of the capital stock of the Last Chance Ditch Company.
Together with a 1973 Trenton mobile home, 14 feet by 70 feet, serial I IDTT0159, ,..
located on and affixed to the above described real property. :.
• eNOBILL me off Ivz RWPLRIY DESCRIBED ABOVE IS OFFERED:AS REAL ESTXTE.'
'Together with a security interest in a Dairy Facility nd related personal property
,•i"• on the land described above, including all future additions thereto, replacements -.-m.
thereof, or substitutions therefore. .
.41
d . .
• 43 n ' -
Containing saes.more miss,end Indudag.wteetercr not caned by GRANTOR on M date dies deed dtuw.
a witted by GRANTOR after he date of ear deed of bust,awhedter nowauter;mated once appurtenant to the real estate described
y
above :tp}y.
- er AlAce a ovemu d any kind and durade:at equipment.a d d....Ht are..M+ta of way and -
revwaidwynyer.1 pqet hr dUmets end epoistsvanoerg dwater trtpdonand&ann.NINE
d
ad d st:d aou a ocher.Ndente d tee; '
d valid,shed be considered to be a pan d the security ruder this deed d truce •_ YSai!'
• TW oom+yeq.Is gabled to any edging easements,Sala d way,and meant • or niwd leases owned by acid pabas%Nair .
we.ra*y.reserved or conveyed and we now dread. 'A •
a
4
-1 t yy��'`1. z• -:o t Z���<.Y�3 �f , k•�1 c.1 1 G
9 41..,‘"..
-g.;.. r.-1-. i � ; �, {!^_ r.''.'. - '
IRE PROMISES MOIWREEtCN1���A�R�IEO,J.JVaCTW6 Oa 9 TRUST
S.I.BEB 1JAMT CICIi6•E%EWtOR5. +
♦. ' AOWMSTRATOI44.SUCCESSORS C"�"-LI yy
V 1 44k1 1 f M. 911•/ •..1 Y Y t n ,
•
James M. French Y =
gide a-
Dolores L. French
w.
8 1011 REC 01945223 10/28/83 15113 $12.00 4/004
-. F 1854 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO,'CO
•
•
•
ACKNOWLEDGMENT 1 •
d STATE CE Colorado 1
r. ) ss. - ..
1 . COUNTY OF Weld 1 ` ,
,s. i ..
"r•—`• 28sfia Oreofier • - . • '
...1 .t9H1_•by
• r- 3(Mae Instrument was sdutdwtelged before me et day
t
• •�GARY '`, ' �'
e ` 087.8_s $.•Fr •ei Dolores L. French, his wife
•
. t% . aJ t °9y outer rwc
My 1nmmissiornapPeftiynen0 expires: February 26. 1987 Notays Addcwo: 197 99nd S
•:' It: •. a-a.
r.r..i.y• rn enA31
.I
t`
1 \ ..‘, .
. \ R
�b
•
7 1
VI 1\ a. Y••• t
fa
ray } •
QwN :ii1u1
'
T-' ! • !
t ✓ y.,y ,may Jy c ,J ita jib •• .•.0 • •
`„..±4 < qty k_ If n
s . , N•\4.1 >._.• 6.00 Y' 2/002
� •y+�,r D 1011 REC 01945224 ' 10/29/83 15214
F 1856 NARY ANN FEUERSTEIN CLERK & RECOL .N� CO. CO :14.;•.‘
JAxw *I:"
_. - _.. U01.8.7"7-22.--70728/83 4.00 2/002 1 }
a , F 1347 RACANN
FEUERSTEIN
C 15:11 S
F 1347 MARY ANN FEUERSTEIN CLERK L RECORDER WELD CO, CO
RIUIIRIT "A"
�� .., .. the 1St except 2 rode off the east s sold to 3.8. Rottman by Deed
recorded ec of , •
' •• the 1n h lies under the last Chance
County Ditch (bes:atnhetthpert of the SYC of of 1
• Rik which lies under the Last Chord (bang. that
haction 6, To„n.htp 2 .
'the Not excepted is said.Dead to'J.R. Rottman), Colorado.
North, Range 67 West of'the 6th P.N., Weld County
• Excepting therefrom rights of vaygas conveyed byp Deeds73 recorrdded in Zook
oke247,.
Page 203, Rook 305. Page 109. and in Rook 1078. Page ,
•
i Together with 4/9th share of the capital stock o the Last Chance Ditch Company.
J
L. ..
+ .
'-
j•4�••'.
f 13'
KY
y'
1
.lr `
la
Z.'I
.•:•1{
• (..
i., N^ I ...tip TJ,p'•..�,. l.'.T�i r'1
r
_ .�
a
,c.
.. ,1
OPTION AND LEASE AGREEMENT rC.
OPTION 4,2 LEASE AGREEMENT ("Agreement") is made and entered into
day of j JO v • 2000, by and between THEODORE M. LOHMANN AND
LINDOHMANN, whose address Is 6254 Weld County Road 26, Longmont, Colorado
80504 (hereinafter called "LESSOR"), and ANDESITE ROCK COMPANY, a Colorado
corporation, with a mailing address of P.O. Box 5829, Sioux Falls, South Dakota 57117-5829
(hcreinaftwr called"LESSEE").
WTTNESSETK
1. Grant: Subject to the terms,conditions and exercise of the Option described in
Paragraph 2 hereof,the LESSOR. in consideration of the covenants and
ds hereinafter
does grant.
contained,has granted,demised, leased,and let and by these presents
ise, lease,
and let exclusively unto LESSEE, its successors and assigns, the following described real
property situated, lying and being in the County of WELD and State of Colorado (hereinafter
called the "Property"), as depicted and described in Exhibit"A" and "Exhibit"B", respectively,
which exhibits are attached hereto and incorporated herein by reference;TOGETHER WITH the
exclusive right and privilege to mine, extract, store, stockpile, remove and sell all of the sand,
gravel, topsoil and overburden and by-product materials incident thereto, (hereinafter called the
"Leased Substances"),in,on or under the Leased Premises;TOGETHER
WITH,
right
to use
so much of the surface of the Leased Premises as may be necessary' Wi convenient in the
constriction of gravel plants,concrete and asphalt batch plants;TOGETHER WITH the right to
construct roads, bridges, and storage water ponds together with the right to install, store, and
locate equipment of all kinds for any more of said purposes, and the right to erect suitable
buildings for offices, workmen, equipment and repair and storage and the transportation and
shipment of the Leased Substances (all of the foregoing being collectively referred to herein as
the"Leased Premises").
2. Option to Lease:
(a) In consideration for payment of the IMINSIIIIIIIII
to LESSOR, the receipt of which is hereby acknowledged, LESSOR hereby grants to
LBS E the right and option to lease the Leased Premises ("Option") upon all terms and
conditions set forth herein.
(b) The term of the Option shall extend TWELVE (12) months
from the date of this Agreement("Option Term").
3. Contingency—Exercise of Option:
(a) At any time during the Option Term,the LESSEE may exercise
the Option herein granted to lease the Leased Premises upon the terms herein stated.
CFM15713613S9683.03 1
CAA IBA TOTITSIQ nn near en> nnn-> nn n> rn.>n.>n
authorities or any agency thereof shall control to the extent same may be inconsistent with the
provisions of this paragraph.
(g) If any gold is recovered from the processing plant it will be
divided equally(50/50),after expenses,between the LESSEI:and LESSOR.
(h) It is the mutual desire of both parties to negotiate and enter into
a definitive agreement regarding the final use of the Leased Premises as a water storage facility
which agreement would provide, among other things that the proceeds from the water storage,
whether by lease or sale, would be divided 51% to LESSOR and 49% to LESSEE. The parties
agree to work together in good faith to prepare and enter into such an agreement on terms and
conditions acceptable to each in their respective reasonable discretion.
•
CKM\57136V59683.03 11
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first above written.
LESSOR: LESSEE:
y�\��� � �JJ ANDES COMPANY
G�rL a lfft_'t�.( tk oataaww i -
Theodore M.Lehmann
R
Chttit• C.Lohman — Title: far
STATE OF COLORADO )
as.
COUNTY OF
The above and foregoing instrument was acknowledged before me this So-44 day of
Oran 414 2000,by Theodore M.Lehmann and Linda C.Lohman,as LESSOR
Witness my hand and official seal.
My commission expires: S- S a
Notary Pu is
(SEAL)
r
cKM157tid\159683.03 12
STATE OF COLORADO )
z 9u/hr-coUNTY OF )
The frAng t acknowledged/� re 0 Ja of
2000, by > �7. _, l�` of Andesite Rock
Company,a Colorado corporation,as LESSEE.
Witness my band and official seal.
My commission expires: 3- ,ter->O!1
Notary 'c
lOJQQ(SEAL)
CKM\57I3a359483.03 13
%,1..4- f rT At 3KT
•
TRUE PO/NT OF BEGINNING
SIT # 5 aEeAa WIAWM. CAP
• MARKED"C a,a CO.1.5-UMW
..
K LINE NWI/4 SEC.S• •
// COUNTY ROAD NO. 26
sesem'art 1 1501-20' It
__ S 9.12101"E-�-1232.57 H
C1
JP7Q 6J. WWI Wt rd 1'7 ant
.. - G rtrME ram
El ROAD R-O-W BOOK A1,PAGE 270
• (taSrCN
. wan WC It
• E/0'Mrd c 44a 3-rM
! It
Ana
1 W
0 Z
Ip 77.E 3 0 G
i
N • (Ienema =h vo9
s c23
s
a
I
. trilis
I E anteAREA : 76.993 ACRES, ./...•
�� r
•
mot ;
w
. - b wl W Ai
en C
Q1 ern.gig E
K
sr• %8
0 j/ • r yW
- p - ♦ p Nz
Z • •
/ , z
L A }
SEE NOTES ] B .-
O
SET # 5 'MBAR WAWA. X156 citowns �� • Z
MARKED-O.B.a CO.L.S.1766• r
• w.C. 23.00' E t•:Win i Thi
>!�s
LAST CHANCE 01TCH
•
-11
•
• - 0, _ 25.00 i rA•tE0 rat(ma ei .
•---■ ,"� alas 87.31
NOT SET N87°20155"W • 1232.90'
£-W CENTERUN£S£C.S z NOTE: FENCE
cosct•t(Ts
537•20.55—f Z4S1-SC • t ter
a
r
r
_ __ .. ...:..a v-..v ..... fry{ QZ:TZ ZO/PZ/i0
Y./<./Yi •
i.•ry •�
i : 0)4141 Fier 13
A-
OW= Pon.XCY NO a-971SS711
SCBELULS A "CONrliVED'
• a tract of land located in the NW 1/4 of Section 6, Township 2 North, Range 67
Nest of the 6th R.N., Weld County, Colorado, described ea follows,
• Coameea¢iag at the NW Corner of s id Section 6. from which the North 1/4 Corner
of amid Section a6 bears South 89-22'02a tact, 2503.29 feet.;
Thence South 89°12'01' East, 1270.63 feet along the North line of the NW 1/4
of said Section 6 to the Tgsa Point of Beginning;
Thehce continuing South 89 12001• East. 1232.57 feet along the North line of
the NW 1/4 of said Section 6 to the North 1/4 Corner of said Section 6:
Thence south 01014'59' West, 2740.99 feet along the North-South centerline of
said Section 6 So the center of said Section Si
Thence North 87 20'SS• west, 1212.90 feat along the Eaat-west centerline of
sad Section 6 to s point from which the True Point of Beginning bears North
01 14'59' East;
thence North 01°14'59" asst, 2701.16 feet to the,True Point of Beginning.
•
•
•
•
OPTION AND LEASE AGREEMENT
THI§ OPTION ANk hEASE AGREEMENT("Agreement") is made and entered into
this Z day of F-tAary, 2001, by and between James and Dolores French whose address
6600 Weld County Road 26, Longmont, Colorado 80504 (hereinafter called "LESSOR"), and
ANDESITE ROCK COMPANY, a Colorado corporation, with a mailing address of P.O. Box
5829, Sioux Falls, South Dakota 57117-5829 (hereinafter called "LESSEE").
WITNESSETH
1. Grant: Subject to the terms, conditions and exercise of the Option described in
Paragraph 2 hereof,the LESSOR, in consideration of the covenants and agreements hereinafter
contained, has granted, demised, leased, and let and by these presents does grant, demise, lease,
and let exclusively unto LESSEE, its successors and assigns, the following described real
property situated, lying and being in the County of WELD and State of Colorado (hereinafter
called the "Property"), as depicted and described in Exhibit "A" and "Exhibit "B" respectively,
which exhibits are attached hereto and incorporated herein by reference;TOGETHER WITH the
exclusive right and privilege to mine, extract, store, stockpile, remove and sell all of the sand,
gravel, and overburden and by-product materials incident thereto, (hereinafter called the "Leased
Substances"), in, on or under the Leased Premises; TOGETHER WITH the right to construct
temporary roads,bridges, and storage water ponds together with the right to install, store, and
locate equipment of all kinds for any more of said purposes, and the right to erect suitable
temporary buildings for offices, workmen, equipment and repair and storage and the
transportation and shipment of the Leased Substances (all of the foregoing being collectively
referred to herein as the "Leased Premises").
2. Option to Lease:
(a) In consideration for payment of the to
LESSOR, the receipt of which is hereby acknowledged, LESSOR hereby grants to LESSEE the
right and option to lease the Leased Premises ("Option")upon all terms and conditions set forth
herein.
(b) The term of the Option shall extend TWELVE(12) months from the date of
this Agreement("Option Term").
3. Contingency—Exercise of Option:
(a) At any time during the Option Term, the LESSEE may exercise the Option
herein granted to lease the Leased Premises upon the terms herein stated.
(b) The LESSEE shall exercise the Option by giving LESSOR written notice of
its election and payment of the quarterly installment of Minimum Annual Payment in the amount
hereafter set forth.
(c) Upon giving such notice of election and payment, the lease terms of this
Agreement shall be in full force and effect, LESSEE shall be entitled to take possession of the
CKM\57136\359683.03 I
(d) LESSOR reserves the right of access to the Leased Premises at all times, and
at LESSOR's sole risk, subject to the condition that the exercise of this right shall not interfere
with LESSEE's operation.
(e) LESSEE agrees to conduct its operation so as not to cause excessive dust
and/or air pollution.
(f) LESSEE's mining operation shall be conducted with the end in mind of
leaving the Property at the termination of this Agreement in an attractive condition. To this end,
it is agreed that the banks of the gravel pit shall be sloped, and that the top soil removed from
that portion of the Leased Premises shall be returned or replaced to the slopes of the gravel pit
within one (1)year of the termination of this Agreement. It is understood by the parties that the
reclamation of the "gravel pit" may be subject to the rules and regulations of the State of
Colorado or the United States of America. Any requirements imposed by either of such
authorities or any agency thereof shall control to the extent same may be inconsistent with the
provisions of this paragraph.
(g) If any gold is recovered from the processing plant it will be divided equally
(50/50), after expenses, between the LESSEE and LESSOR.
27. Water Storage Reservoir Option: It is the mutual desire of both parties to explore
whether the final use of the Leased Premises can be a water storage facility. At the option of
LESSOR, LESSEE shall line the gravel pit created by LESSEE'S excavation of the Leases
Substances. LESSOR shall exercise his option to have the gravel pit lined by providing notice to
LESSEE within thirty days after LESSEE has commenced actual physical mining activities on
the Leased Premises. Upon such notice LESSEE agrees to complete and deliver to LESSOR at
the end of the Lease a sealed water storage reservoir at LESSEE'S cost in accordance with all
regulations and design standards applicable to the construction of the reservoir imposed by the
Colorado Division of Water Resources, State Engineer's office. LESSOR and LESSEE agree to
work together in good faith to address any issues that arise during the mining and reservoir
construction process. In the event LESSOR exercises this option for construction of a water
stora a reservoir, LESSEE shall pay LESSOR a reduced royalty
for each ton of Leased Substances shipped from the Propert durin the first"lease
year", increased each year at the rate per ton of
Leased Substances shipped during each subsequent ease year o this Agreement.
CKM1571361359683.03 10
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first above written.
LESSOR: LESSEE:
.AJ„rjs,..e--�L-- ANDESITE RO COMPANY
J es French
(227, C....,i7 By:
Dolores French Title: PreS/ / .
STATE OF COLORADO )
) ss.
COUNTY OFWEL-D Pricurrx. )
e above and foregoing instrument was acknowledged before me this (9... day of
2001, by James French and Dolores French, as LESSOR.
Witness my hand and official seal.
My commission expires: �%�p�p0.�""`Vd``l��1114
y : KIM �!
Notary Public 4• k CONVERSE ' S
Q .
(SEAL ) 1il9FOFCOke -
`�„4. .,
My Comm.Expires Jan.1,2002
STATE OF COLORADO )
ss.
a COUNTY OF CteQ 1'
T regoing ins ment was acknowledge befor e this day of i f atLh ,
2001, by (11(.01[ A.Q U' ''t. , as iji( -111141 of Andesite Rock
Company, a Colorado corporation, as LESSEE.
Witness my hand and official seal.
My commission expires: l'CL11_, I,02Ce./Q— .
KIM
rCONVERSE• of
Not P 1. * ` f,l�%
( SEAL ) (_!U �.�.
My Comm.Expires Jan.1,2002
CKM\57136\359683.03 1 1
EXHIBIT C
Permitted Exceptions to Title
CKM\57136\359683.03 14
Recorded ar_ o'clock M
AA19�5225 8 1011 RErO1945225 10/28/83 15: 15 r.. $6.00 1/002
F 1857 MA... ANN FEUERSTEIN CLERK & RS_JRDER WELD CO, CO •
is
.
1 ,
.-. ,i
I TH1sIrtmunill6, 'tennis 28th day re October ,l9 83 ,between
I i
it
JAMES M. FRENCH and DOLORES L. FRENCH, ,i
I
Ilwhose address it 6600 Weld County Road 26, Longmont, Colorado 80501,
parties of the Pin and
t part, d the Public'frustaof County of Weld •I
II in the State of Colordo,party of the second pert,Witnesseth:
• THAT.WHEREAS,The said JAMES M. FRENCH and DOLORES L. FRENCH,
II have executed their promissorynote bearing even date herewith,for the principal sum of i.
I ONE HUNDRED FIFTY THOUSAND AND NO/100THS --- Dothan, it
I payable to the order of ARTHUR CROW, JR. , and ANNE M. CROW, as tenants in common, Ii
whoseaddressis 13541 North 115th Street, Longmont, Colorado :8.050.1-,
II December 1, ji.983,
• aftertttedeteheredttwithinterns..thereonhomkwsYeatMraof iI
aetberateof. 12 perceetperatteum,payabk in accordance with the terms as more fully
I eat forth. in said promissory note; II
. I
II
ii_ • i
1`
AND WHEREAS,The said parties of the fast pan arc .. - desirous of securing payment of the
principal and interest of said.promissory note in whose hands saver the said note i- or any of them may be.NOW, THEREFORE. The said part les of the first-part, in consideration.af the prboisas and for the purpose aforesaid, 1
do hereby grant, bargain, sell and convey unto the said party.otthe secord'part bi-trust:forever, the following described I
{fe- property,situate in the County of Weld .Stated b wit:
^ The Northwest quarter of the Northeast quat,".fteitsxcept 2 rods off the east side
• "' sold to J. H. Ruttman by deed recorded inyaook;'494, Page 262, Weld County 1
records, and that part of the Southwest.,%'r'ter of the Northeast quarter which 1
lies under the Last Chance Ditch (beigS that part: of the Southwest quarter of
- stn I the Northeast quarter excepted in said-'.deed to J: :H. auttman), all in Section 6,
,ce it Township 2 North, Range 67 West of•the •6th PM.; EXCEPT -rights of way as conveyed ]
I by Deeds recorded in Book 247, Page 203, Book 305s.. Page .109, and in Book 1078,
Page 73, Weld County records; II
TOGETHER WITH all water and water :rights appurtenant to 'said premises, including !I
4/9ths of one share of the capital aback of The last -Chance Ditch Company;
I
1,1
also known as street andnumber. 6600 Weld County Road 26, Longmont, Colorado 80501. ii
i
TO HAVE ANTI TO HOW the same.together with as and singular the privileges and appurtenances thereunto belonging:In Trust Nevertheless.Thal in i'
me d default in the payment of said note •or any of than.a any part thereof,or in the payment d the tolerant thereon,according to the tenor and effect i i
dual note or an of in the
Y payment d any pip-ether inc arc ' pn.1 «h h d airy,rote care al hold doh orate made id e s ecur d I
Malay nab rod,danydthe teasorthecovenaatnmMsorapaned ts anheled t to ad inedeladprbeneficiarypehr sale andkdsIhddahen.uon(i indebtedness secured ,
us deedy s
declares violation for sd any dthci panyfthesicondtart.whosall todvaipto(idhnodce for sdead danand such sale,then. ospyiltrysafled
such or M he reco de ss offith ce
o said countythes tkh sa rea estate h mcated, k ask notice may.he
lawnfa. for spkuuar■h second,arrt to .I
be recorded in the recorder's sr i d the or int wh said l real he situated, k shah ad may he lawful aid party d the second.part to 1!
-sea and dispose d the same (en nuss<.a in separate.-parcels. at the said PuWk Trolley May th(tk:bHO, and all the right, title and inurest
of said part. ies dtttyt pat. . the khinor assigns theeein,at public auction at the - . . front Coup House,in the County Of i,fin
Weld stale ofColordo.oroe said premise,a any part thereof as May bespecfid a the notice amid sale.to the ij
i price the sane Si bring in cash, four weeks' public notice having been.previously given titre time...nd..vlace et such oak. by advertisement. ;I
I,.,
weekly.in some newspaper d general circulation at that time published in said county of Weld .a copy d which notice shall be mailed I I
,r
I' wines ten days from the date of the fastpublkakdn theredto the said ert les . of the test part it the skins herein given and to such persona i i
persons appearing to have acquired asnbsequent mead interest in mid 10i eseateat the address given in the recorded nstrument:wttereonly the county andsteteii
'
, psi asthe address then such nose Ad bc mailed to the county pest,and to maimed give tothepuithaserorpurchase clutch propertyat such sak.acauG,nlaa
txAibaW in writing describingsucht prapesty purchased.and the sum or sums pad therdaa,td the time w►en the twrchawor purchaser*(o other person entitled II
I thereatshahbe anitld a toadeedded un stherefor, knthe same shall be.iedeemd as s provlddbylaw:adsad Public Those shah a :.upon demand the person :
. purdsse.when said demand is mde,a upondemand by the person entitled to a deed to and for the property :-
pawn holding the said certificate or certificates d:. ad �p e hod Mlle time arn:h demand n made. the tine for '
' ...:_.._:..V.,—. .__._n �,hearing expired._make__ __"��e b such Peron a peJsany..a dad a
Hello