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Home My WebLink About880033.tiff AR2128313 CONTRACT FOR WARRANTY DEED coo THIS CONTRACT, made and entered into this /4% day of ov ,7*n/s ¢5c// , 1988 , by and between the Board of County o Commissioners of County of Weld , State of Colorado, hereinafter u County , and John P . Slovek, Sr . , John P. Slovek, Jr . , Gary W. • Slovek, and Michael S. Slovek , hereinafter Slovaks , as joint ▪ tenants and not as tenants in common; ow cL oz WITNESSETH: yr k! WHEREAS , County and Sloveks are parties to Civil Action • Number 81-CV-520 , in the Colorado State District Court for the ra County of Weld , and are desirous of settling all claims and disputes relating to the action; and oo WHEREAS , as part of the consideration for settlement of the ki action, the County and Sloveks are desirous of entering into this m a coo Contract for Warranty Deed . co H NOW , THEREFORE , in consideration of the promises and covenants herein contained , and other good and valuable ou) o v, consideration, the adequacy and sufficiency of which the parties ki hereby acknowledge , the parties covenant and agree as follows: m tfzT rti kl M� 1 . In accordance with the terms and conditions hereinafter (NZ set forth, County agrees to transfer , and Sloveks agree to accept the following described real property in the County of Weld , R(', State of Colorado, to wit: ua a [See Exhibit 1] coo Together with all rights of way and easements appurtenant thereto, all improvements thereon and fixtures cf a permanent nature , if any, in their present condition, ordinary wear and CA[14 tear accepted, and hereinafter called the Property , 2 . Concurrently with the signing of this contract , the County has executed and delivered to the County Attorney for the County of Weld a warranty deed to Sloveks conveying the Property free and clear of all taxes; free and clear of all liens for special improvements , whether assessed or not; free and clear of all liens and encumbrances except recorded or apparent easements for telephone , electricity, water , sanitary sewer , and ingress and egress ; and subject to building and zoning regulations. Said deed shall be delivered to the Sloveks by the County Attorney when the County obtains a permit for the removal of sand and gravel from the property contiguous and east of this Property. RECORDER'S MEMORANDUM �( �]�y AT THE TIME OF RECO:DATION, THIS }q p IN- (7l^ "�%,„$ jl STRUMENT WAS FOUND TO BE INADEQUATE (,b.. }I FOR THE BEST" PHOIOC RAN HIC REPRGDUCTION BECAUSE OF I LLIIQ:'.ILI'Ott Ci.PEION OR PHOTO COPY. DISCOt.UFOu OI,P:O. FIC. 3. The consideration for the Property is the settlement of Civil Action Number 81-CV-520 , in the Colorado state District Court for the County of Weld. co o o0 4 . Possession of the Property shall be delivered to the N O Sloveks on the date this contract is signed. ra a 5. General taxes for the year of closing , based on the most 0 recent levy and most recent assessment , water rents , and sewer rents , if any, shall be apportioned to the date of delivery of o w deed. 0 6 . In the event the Property shall be damaged by any w casualty prior to delivery of the deed, in an amount of not more x than ten percent of the value of the property as soot forth in the Settlement Agreement, County shall be obligated to repair the same before the date herein provided for delivery of deed . • County shall maintain casualty insurance coverage for the coa Property to the extent of coverage for other ≥imilar County co properties until delivery of the deed to the Sloveks . In the 03 z event damages from any casualty exceed ten percent of the value w of the Property set forth in the Settlement Agreement , and the damage is not repaired at the time the deed is to be delivered to • the Sloveks, Sloveks shall be entitled to the insurance proceeds rn for such damages . This section does not apply to any damage as a el w result of any act or omission of the Sloveks. Z 7 . County represents that all payments due on existing encumbrances have been paid. It is understood the Sloveks do not x• assume existing encumbrances on the Property and ,:hat the County a shall make all payments thereon as they become deemed and owing , and shall fully discharge any encumbrances prior to or = simultaneously with delivery of the deed to the Sloveks . � 0 rIo 8 . Time is of the essence . m 9 . County and Sloveks have agreed this contract will be recorded. This contract shall be governed and construed by the laws of the State of Colorado. 10 . Any party that obtains a judgment in a Court of record or an award through arbitration against any other parties to this Contract based upon said party' s failure to perform the terms of this Contract shall be entitled to recover :he costs and expenses , including feasible attorney' s fees , ',n seeking such judgment or award . 88OO33 11 . The parties will at any time, and from time to time after the signing of this Contract , upon request , sign , acknowledge and deliver and cause to be tone , signed , w o acknowledged and delivered all such further acts , writings and 0o u documents shall reasonably be required to effectuate the terms of in o this Contract. U IN WITNESS WHEREOF , this Contract is signed and delivered by the parties hereto as of the date and year set forth above . W oz • THE BOARD OF COUNTY COMMISSIONERS cp in- [l1 FOR WELD COUNTY, COLORADO O U n iZ ,z By: 468444,16 Q ri [4 Chairman , ATTEST s H Weld CO":ntt q M_ ' ew,..04 recorder and Cl k) tithAfie Riau d ol en 54 oo e uty • Z' ty�� ' uW w STATE OF COLORADO ss . C ci a COUNTY OF WELD - r- .-+ o The foregoing instrument was acknowledged 4efore me this itl t�h day of jalu.ta f9 . 1988 , by (ene AarQtitrier ' WITNESS my hand and official seal . ".'` 07i„;V\Co emission Expires �7 /O // i • • C+-p•.p- 1 / UGL\G 'A Notary Pu d;05 icr`"._,t !'t . SLOVEKS ao O //� o r.) i �iN o �O John P. Slovek, Sr . U ,J M o x J P. Slovek, Jr -.• , ar w 1 Q U at 44/ ‘A../ J G ry W Slovek Cx or~ � --A-- W Michael S. Slovek avW 0o U m --' H STATE OF COLORADO El ri w ss . cog 1,�.eAv.9.,e co a COUNTY OF Wtt W en w The forego ng instrument was acknowledged before me�S�w: Jr< M W a _ --, 19 8 8 , by ;:-.444(//) .r v.�i ,ci', J�wr✓ �t� day of (ill l/, s�aa ,�� i��✓/ S 5.a✓f r v WITNESS my hand and official seal . 0 p h—=��— V My Commission Expires M q' ``�p",pryu a h,,,,,, / / __.. coo NN Nvr, ,,,,, ili/ % Notary Public ` II mom:.Pt/B1,\'-' :n F•o'..'o;` . LE^AL DESCR:P ION coo A parcel of : and be_r:c part cf the Northwe.. t :�ar _er -..s art:. Nw1 /4 NE1 .'4) of Sactic>n 2, 7.w-:ship N:rtn , 2O Fa:' c.e 6E West cf the 6th rr _nc_pal ~er _d ar., a_so fart IF t.' So t.':Me5 t f•Ja ter ='f the c. th ast f.)l,arter : SW114 EL _"4 - . Q Section _5, . :6. ship 3 North, Fage 6e west of _he 6th r' - h: -f`,. . o ~er_d-ar all in Weld aunty, _c_ ado and being 'Hope part : _ . a: y dEc:r.. ibed as fo:- : MS : of4 W BEGINNING at the Northeast Corner (NE Ccr ) cf said NW1: 4 ' 1 4 0 and assLmir:Q tr1E North '_ .:le of the Northeast ; .arter NE _ ' said Section 2 as bearing North 89c23 ' 22' Eas : w.th a: : : h: Qa 1Z°er_n;5 COnta_rer herein relit- :e thereto. .. us Thence Sot' ( SL. ' 3C'" West arc :the rest 1: "!e of said NW1 '4 NE:./4, 162 . 62 feet to a point on the North bari of he 1.at ool4 Chance co u Thence a: ong the '+_::h tank cf said Last Chance Ditch cy IE cO Z for__.'_. 3 one f : c: ..,. sa and distance __:t. -:^ 72' 16 ' " West , _ E'5 . 9E feet Ocj) MenCE North 00' 19 ' 1 " est 831 . 18 feet; Thence North 6E,c ae. ' : 2" East, 1SE' .76 feet; Thence N=orth 17' 21 ' 01" West, 645 . 35 feet to a paint on the Scu:h. 1 W i7ri4 tank aIlk of the St . Vrairi ^nil.er as it existed on Decsmber 16, 1387; ,00 y Z Thence along said South bank by the following ona ( 1 ) coi..r se and rlf. distance Nortr. 66' 53 ' 23" East , 168 . 20 feet Thence_ South 12' 37 ' 56 " East , 610 . 89 feet; Thence North 74' 17 ' 35" East, 341 . 36 feet tC a point or, rye Ea._ ._ I�4 line of said SW1 '4 EE1/4; Ln co O Ther.re South .l. c c.l ' 24" East along said East line , 337 . 02 feet � the POINT OF BEGINNING . o rO Said described 2arcel of land cor.taIns 13 . 531 acres, n :re :. ::ess, and is su :ect=ct to any rights-of-way or other easements Granted or reserved by instruments of record cr as now e>isti c on said described parcel of land . WO:3 EXHIBIT 1 Page 1 cc O C C) F - arse: of : art;. _`':_ r:^ mart of t.".e Northwest v'.arter f . .:E Northeast C.-ar .er NW • A NE1 4 . of Sect_C'r, 2 , _ _ wr.ch_L' 2 wU Fangs tE West of the 6.t-. . - Me i . _ an , also par! t`:west Carter c: the heast .,a. ter : E'r1 .'4 S71 4 . __ Se __on 3E, _ _ wns''._r i North , Tar:ce 6E erect cf the Eth is _ rz3 ? "'E; : _ear all :r. c..7 2e _ _ Jilt'. c'C .credo ar.,. �•=_r.c n._ re }.arti _ ,_ ar_t• mac cr �.ed as _ C . _Ns . , �W P BEGINNING at the North ter Cc _ ner N1 :4 Cr of said ce t) an: ass-R'_nc the NL•rt.. _:re of said Northeast v.:a_ _er ' - 4 _f G*] sa: d 6e t_or. 2 as bec_ _^'z North E9° 2.. ' 22" Fast with a__ _ t. er Oa r:cctrir;O _ : .taared he_ _ _r: lete`• _ :e t•.E':eto : _. : ..:e N=-th :0° 24 ' 2 ' West a= or.Q the west line of sale 2V1 , 4 u3 C :'/4 , - C= . 9`. fee: tt the ce . €: _ -.:e cf t'e L'..:r c'r.o.,,.�_ rite co c0 St . Vrai.. Fiver as it cxiste_' c•r_ . e:er' :er is s;E7 ; Thence a2 _nc the _nter __ne of said St . Vrain Rive: as 1 . e _ s .a.. H r e:eL be r 16 , : ;e7 iy .",e- f:._ _ : i` one c : :' _o-r se and d.. a ..c.e r—t North 66° 46 ' 37' East, 1421 . 21 fee= t: a point Cn _L = East o line cf said SW'1 '4 SE. /4; Sc ..t.h 00° 21 ' 24 " 'a_' alcr _ maid East .one, 76E . 34 fe. t ; W Thence S_. th 74° 17' 3 " West, 241 . 36 fee=; rn Ga Thence North 12° 37 ' 56' West, 610 . 59 feet tc a point :n the .. c _h N l bank . of te St . Frain Rove. as 1t existed on Decerber 1E , : 7 ; cv T}'.erce a_ =r;C said South tank as :t existed or: December :.6 , _ : O by the following one ( 1 ) C=•c:rse and distance v c� So _.. 66° 53 ' 22" West, 166 . 2= feet ; Thence Sc�t'r. 17° 21 ' 01 " W F� E•4_c . ?.5 feet; cG t East,Thg-nce S-,..th 6 . E12 " wst , . `.G 't fee' ' coo Thence So'..th 00' 19 ' 01 ' East , 621 . 1E feet to a pc_ rit en the : c . tr. CD bank of the Last Chan:e Ditch; _.:once along the North tank of said Last Char c£' Ditch e the following twc ; 2 ) courses and d: stance SOJth 45° 07 ' 44" West , 206 . 14 feet; Sc'lith 64° 50 ' 02" West , 66S . 34 feet to a po: nt on the West line of said NW'1/4 NE1 4; Thence North 00° 42 ' 0C" East alone said West line:, _147 . 3_ fee: to the POINT OF BEGINNING said described parcel of land contains 36 . 236 acres , more or less, and is subject to any rights-of-way or other easements as granted c= reserved by ir,Str merits of records or as now existing or said described parcel of land . EXHIBIT 1 Page 2 m O RESOLUTION 0U 0 rCI RE : APPROVE DOCUMENTS FOR LEASE OF GRAVEL PITS AND AUTHORIZE CHAIRMAN TO SIGN .-1 o W 3 • a WHEREAS , the Board of County Commissioners of Weld County, u} A Colorado, pursuant to Colorado statute and the Weld County Home a Rule Charter, is vested with the authority of administering the o affairs of Weld County, Colorado, and o a� WHEREAS, the Board has been presented with various documents ' concerning the settlement of Weld District Court Case No. 81-CV-520 , said Court Case involving John P. Slovek , Sr. ; John P. Slovek, Jr. ; Gary W. Slovek; and Michael S . Slovek, and ma mu WHEREAS, the above mentioned documents are a Mining Lease for H "Slovek" Property for Sand Gravel and Aggregate; Mining Lease for H E "Hokestra" Property for Sand Gravel and Aggregate; and Contract o z for Warranty Deed, and w "' q WHEREAS, said documents concern the exchange of the mined-out en Hokestra property, the lease of minerals from the Sloveks , and the c0 z continuation of the mining operation on a portion of the Hokestra N Pit north of the ditch and south of the St. Vrain Creek, and. o w WHEREAS, the terms and conditions shall be as stated in said documents, copies of which are attached hereto and incorporated herein by reference, and en h CO O o WHEREAS, after study and review of said documents, the Board deems it advisable to approve same and authorize the Chairman to q [4 sign. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove mentioned Leases for Sand Gravel and Aggregate and Contract for Warranty Deed be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is , authorized to sign said documents . / ) -1/ l 880033 Page 2 RE : DOCUMENTS FOR SALE OF GRAVEL PIT The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of 0 o January, A.D. , 1988 . oo p �' a BOARD OF COUNTY COMMISSIONERS U ATTEST: / WELD COUNTY, COLORADO o W Weld County , leak and' Recorder EXCUSED o and Clerk tp t,Ae Board` Gene R. Brantner, Chairman O BY: Pyj � �, .ticet) C.W. Kirby, P96-Tem :Y' a r)t1 . .erk o APPROVED AS TO FORM: J cqu ' ne, J on r~ x x w t. ac � a co z County Attorney Frank Yamaguchi 0 om w M M [c, N rz N O ci fk W a M co w ri to rl co W 880033 AK2128314 MINING LEASE FOR "HOKESTRA" PROPERTY FOR SAND GRAVEL AND AGGREGATE 7d J4Ru4ry THIS LEASE made the f41 day of419 & - between JOHN P . 0 U SLOVEK, SR. , JOHN P. SLOVEK, JR. , GARY W. SLOVEK and MICHAEL S . o SLOVEK, hereinafter referred to as "Sloveks, " of :.o&o7 o aor mc,o✓' O,rl✓e _ (address) City of )oAns1bw-� County of \/r /a , State of Colorado, and BCARD OF COUNTY w COMMISSIONERS O? WELD COUNTY, COLORADO, a body corporate and o politic operating pursuant to the laws of the State of Colorado • and the Weld County Home Rule Charter, doing business at 915 Tenth o x Street, City of Greeley, County of Weld , State of Colorado, • hereinafter referred to as "County. " Sloveks, in consideration of • the Agreement set forth herein to be kept and performed by County, w and of the payment of royalties by County as provid•=_d herein, and oo x subject to the terms, conditions, and provisions , contained herein, leases to County that certain tract of land situated in ‘o Weld County, State of Colorado, which is particularly described as a a parcel consisting of that land described in Ext.ibits "1" and w "2, " attached hereto and made a part hereof, for the purposes of coo mining, removing, processing, storing, and marketing therefrom all m 2 sand, gravel , and aggregate, all of which are herein referred to w as materials. r+ E `° 1 . TERM OF LEASE - This Lease shall be in effect for a period of eight (8) years , and six (6) months from the w date of signature or two (2) years from the completion m k' of operations on the "Slovek" property as set forth in a z separate lease, whichever is earlier, and shall create N a�, the sole and exclusive right to mine materials from the o „ property for the term of this lease. ucc; a X 2 . CONSIDERATION - Consideration for the lease is provided o, by the settlement of Weld District Ccurt Case No. m o 81-CV-520 of all claims and defenses , receipt of which HN H0 is hereby acknowledged, and no additional consideration w shall be required from County. 3 . SURFACE RIGHTS OF COUNTY - County may clear brush, trees , undergrowth, fences internal to the property, corrals , and other improvements, as may be reasonably necessary to explore for materials or to lacate pits and stockpile in processing areas. In order to obtain access to these premises, and to carry on its operations hereunder, County shall have the right to make use of all roadways presently existing on the leased premises, and shall have the further right to build such additional roads as may be necessary for the production and removal of materials hereunder. In building such roads County may use materials from the leased area, and RECJRDER'S MEMORANDUM AT THE LIVE CF LTC:RDAIION. THIS IN- STRUMENT IL I NE TO i-r \.ADEQUATT fOR THE OI— ) L i Ph ,. s OLIUCTIOM Page 1 of 6 Pages eacc. -y PECAU CI 1Li E[IU Ire CARGO : OR PHOTO L% ) COPY, DISCOLORED PAPER, FTC. shall not be required to pay any additional royalties for materials so used. County may maintain and operate rock crushing and screening equipment on the leased premises, if it should o o so desire, to process materials thereon. This right v shall not include the right to operate or maintain any concrete or asphalt batch plant on the premises. County o may, subject to the provisions contained herein, also a erect such buildings and install such machinery and w equipment as my be useful in connection with its 0 3 operations hereunder. County may also use this property o x for the stockpiling, crushing, and processing of w materials from adjacent properties described in Exhibits x "3" and "4 . " 0 w 4 . WATER - County shall be responsible for providing water o x for dust abatement or for water to replace water no beneficially consumed in the gravel operation during the 1/40 ▪ x term of the lease . County agrees to execute an agreement with the Water Users of District 6 and/or Coa Central Colorado Water Conservancy District to dedicate CO 0 water for as long as there are exposed water surfaces in m z the ponds created by the gravel mining operation, in an • w amount equivalent to two acre feet per acre of exposed oco water in the gravel pits . Should st,ch perpetual dedication be found inadequate to meet the requirements `r5 of Colorado law by a Court of competent jurisdiction or en W by administrative ruling of the State Engineer, County N z agrees to provide the amount of water necessary to meet N Court or State Engineer approved augmentation plan o during the term of the lease. At any time after the a termination of the lease, it shall be the responsibility a of the Sloveks to provide any additional wt.ter. m 5 . PERMITS - Weld County has previously obtained State , County, and Federal permits for the operation on the H▪ 0 subject premises at its own expense. The operation on the premises shall be conducted in compliance with those permits as may be determined by the agency legally responsible for enforcing those permits . Sloveks agree to cooperate with County with respect to obtaining any amendment or transfer of said permi':s which is occasioned by adoption of this lease or conveyance of the underlying interest. 6 . PROTECTION AND RESTORATION OF SURFACE - County will restore the premises in accordance with the reclamation plan approved by the Colorado Mine Lana Reclamation Board except that Sloveks shall be responsible, at their expense, for planting of trees , grass , sirubs and any Page 2 of 6 Pages 880031 2 U other cover or vegetation as required by the Mined Land -- Reclamation Permit. MO u 7 . REMOVAL OF IMPROVEMENTS AND EQUIPMENT - Al:''. improvements a and equipment placed on the leased premises by County, ow except fences , and gates , shall remain the property of County and County shall have the right to remove such o w property prior to the expiration of this Lease. ca W 8 . INDEMNIFICATION OF SLOVEKS - County agrees to indemnify w Sloveks against liability on all claims for damages and co a injuries to third persons or third persons ' property ova claimed to have resulted from the acts or omissions of ri x County or its agents or employees in conducting the W mining operation during the term of this lease. m4 °0 O 9 . FENCING - County shall have the right •:o remove all w z fencing, if any, on the property. County agrees to 'i H restore the three (3) strand barbed-wire fence along the w r' F east property line of the premises once operation is m completed unless such requirement is waived by Sloveks. w ,-, w 10 . USE OF SURFACE BY SLOVEKS - Sloveks shall not use the co G. surface of the premises in a manner which would cv z interfere with the operations or create a safety hazard 0.4 < for Weld County or its agents or employees or the " >, Sloveks . It shall be presumed that any use of the w PO surface within the area defined as having existing gravel (Exhibit "1" ) shall constitute ar interference rim except for the use of the driveway along tie East twenty co H HI feet of the property for purpose of access to the area r-e0 defined in Exhibit "2 . " ww 11 . SURRENDER OF LEASE - County shall have the right to surrender this Lease at any point to the Sloveks upon written notice provided that all restoration for the area disturbed, other than planting, pursuant to paragraph 6 herein, has been completed in accordance with the Mined. Land Reclamation Permit. 12 . DEFAULT BY COUNTY - In the event that default occurs in the performance of Sections 3 , 5 and 6 of this Lease by County, the Sloveks shall have the right to give a 180-day notice in writing to County, demanding the correction or removal of such default. In the event County fails to correct or remove such default within such period, Sloveks may, at their opt'.on, terminate this Lease by notice and the tendering of a sum equivalent to the fair market value of the sand, gravel, and aggregate still in place at the time of termination. If this Lease is terminated by Sloveks pursuant to this Page 3 of 6 Pages 8F10033 0 o section, the Sloveks shall have no furtaer right to N V remedies against County except the forfeiture of this Lease . County shall have sixty (60) days after such termination within which to remove any plant, structures, equipment, or stockpile of sand, gravel , or ,a aggregate placed on the leased premises by County. oW og o• 13 . County shall have the right to discharge waters from the x m w operation of the premises from adjacent property held by A Sloveks, described in Exhibit "B, " to existing ponds on O this property for the purpose of removing water from the ra operating pits, and the Sloveks agree to grant an o easement for that purpose. 14 . County shall have access to the parcel across the Last Chance Ditch on either of the two existing roads. ca co u 15 . Notice required to be given under this lease shall be coz accomplished by mailing, certified mail return receipt rl w requested, to the following addresses: N F o v County: Board of County Commissioners v A P. O. Box 758 co Greeley, CO 80632 CO 2 Copy by First Class mail to: FS v a Weld County Attorney 915 Tenth Street P. O. Box 1948 M N Greeley, CO 80632 OJN N O Sloveks: John Slovek, Jr. IA [Li 20607 Northmoor Drive Johnstown, CO 80534 Copy by First Class mail to: R. Nicholas Palmer Law Firm of Arthur B. Walsh 6500 South Quebec , Suite 250 Englewood, CO 80111 Change of address shall be given by mailing of notice of such change. 16 . Sloveks warrant title to the sand, gravel and aggregate interest on the subject parcel against all persons claiming to hold title by, through, cr under the Sloveks. Page 4 of 6 Pages aFic )Z S 0 O 17 . Sloveks recognize that the operations contemplated by o �' the lease may, even when conducted in accordance with i�O regulatory requirements , cause interference with L) adjacent land uses. Sloveks hereby waive any tort al including trespass and nuisance claims based upon such o w interference but, in so doing, expressly reserve any o 8 cause based upon this lease and the right to seek o a administrative remedies from the agencies responsible in- W for regulating such operations . Notwithstanding the o preceding, Sloveks do not waive any trespass or nuisance u claim based upon the willful and wanton or grossly m w negligent acts of the County or its employees . 0 ncel ,o 18 . VENUE - Venue for any dispute arising under this lease .~ x shall be proper in and for the District Court in and for w the County of Weld , State of Colorado, 19th Judicial m• C.j District. oo H 19 . This lease is intended to be binding on the heirs and ; ca H successors in interest of the parties hereto. o cn w \7,11 V' Jti A BOARD OF COUNTY COMMISSIONERS W ATTEST: / ^ M"'. .\ , �c n,(I{y ) WELD COUNTY, COLORADO NI zz Weld Count Ing�'Yk a .iecorder Zuft f y /Jro1and Clerk 441 Be By: (/�} 'jt ti„_ Chairman z putt' lark' i ,Jjy 4fri /? .eAr ri O • w J HN P. SLOVEK, SR. 7 SUBSCRIBED AND SWORN to befo me this d/' ay of aaAl , 19 ( S/ , by John P. Slovak, Sr. WITNESS my hand and official seal . „,1,,,llpr rpr„r J / 4t'' az Notary Public . �'T;•, 9TRM:.'xe3gion expires : 8 — -- `9i . -"go ryrnq uro rgrV` Yi \/ es-)-cil___&__Lc:\ , _ JO . SLOVEK, JR. Page 5 of 6 Pages 8F3O7 trt 0 o SUBSCRIBED AND SWORN to before me this / d y of � , 19 d g , by John P. Slovek, Jr. Lo o / 0 WITNESS my hand and official seal . p ,,,,rim a o w .fit. 2!/' ;" 0 C4 Q : (� a _ g' t� o-f" sr' `'�tary Pu '11- -/< ic o . /� 9i u s v'�':My 140lion expires: 3 -.a co 7 '.o '� Op CO i°tyrnunnar.P'` ) �. w %A / t(/ c' \� m �] GARYW�LOVEK 00 0 m 7. SUBSCRIBED AND SWORN to before me this / 9 a y of _ _- -- kl �gnc.t/G.44 , 19 S y/ , Gary W. Slovek. ,- E4 o w WITNEIS my hand and official seal . w sr Q ,H Fri NZ � � . .....1 C No : 4 ; �� k ,� = No ary Public 0 0 -v- c.) a `' _ `y w q. �t;�M41(2il6sion expires : Q co ri oaw CHAEL S . SLOVEK, SUBSCRIBED AND SWORN to before me this /1'kay of G� tais/ize, _ , 19 ( V, by Michael S . Slovek. WITNE my hand and official seal . ° 1-%-i -r A ;.1.:1"*.- -_7(-'241/4 / : ? ' Notary ublic J --v- o- us;Mc0d. [u.3,.y§lion expires: 3'- q/ �c oa co`.°, 8F30033 Page 6 of 6 Pages LEGAL DESCRIPTION A parcel of land being part of the Northwest Quarter cf tt►L Northeast Quarter (NW1/4 NE1/4) of Section 2, Township North, o O Range 68 West of the 6th Principal Meridian, also part cf the Southwest Quarter of the Southeast Quarter (SW1/4 :;I:1/4 ) of r` O Section 35, Township 3 North, Range 68 West of the 6th P1 ir:ci :1 J Meridian all in Weld County, Colorado and being more par. t.icula_ 1y r21 described as follows : ow o � BEGINNING at the Northeast Corner (NE Cor) of said NW:I 4 NE1 4 ‹./)- and assuming the North line of the Northeast auarter (NF1 / ) . f said Section 2 as bearing North 89° 23'22" East with «i1 ct •i,_r O bearings contained herein rel.;.stive thereto : U W o a' Thence South 00° 50 ' 30" West along the East line cf s.c; NW i '4 '4 • NE1/4, 562 . 62 feet to a point on the North bank of the I,.*:•t Chance Ditch; Thence along the North ban=: of: said Last Cha zce Ditch y _ne c J following one ( 1 ) course and distance South 73. 16 ' 43" West, 565 . 98 feet °° Thence North 00' 19/01 " West, 831 . 18 feet; Thence North 68° 18' 12" East, 156 . 76 feet; CD If) Thence North 17° 21 '01 " West, 645 . 35 feet to a Point on Sc. a•..:, bank of the St . Vrain River as it existed on De;ember 1 , 1 E 7 ; • j Thence along said South bank by the following ole ( 1 ) course .ind distance m c North 66° 53 '23" East, 168 . 20 feet N Thence South 12° 37' 56" East, 610 . 89 feet; Thence North 74° 17 ' 35" . East, 341 . 36 feet to a point an tn U line of said SW1/4 SE1/4;f:4 .% Thence South 00° 21 ' 24" East along East 7 . 0:: feet y said line, the POINT OF BEGINNING . M U� CO ri H cD Said described parcel of land contains 13 . 531 acres, m r e• Ga less, and is subject to any rights-of-way or )then easements ._: granted or reserved by instruments of record Dr as now existLrg on said described parcel of land . EXHIBIT "I" • LEGAL DESCRIPTION A parcel of land being part of the Northwest Quarter of the Northeast Quarter (NW1/4 NE1/4) of Section 2, Township 2 North, (D o Range 66 West of the 6th Principal Meridian, also part of tr:e Southwest Quarter of the Southeast Quarter (SW1/4 SE:14) .•f W o Section 35, Township 3 North, Range 66 West of the 6th Pr :nc;il..3 i o Meridian all in Weld County, Colorado and being more partiularly described as follows : a O 3 BEGINNING at the North Quarter Corner N1/4 Car) of said 2,e.�:ioi. 2 o rx and assuming the North line of said Northeast ()uarter (NE1 '4 ) : c • W said Section 2 as bearing North 89' 23 ' 22" East with al L cstcr bearing contained herein relative thereto: o U w a Thence North 00° 34' 29" West along the West l:.ne of said SW: 74 4 S£1/4, 555 .90 feet to the centerline of the main channel of ` ::E ko St . Vrain River as it existed on December 16, 1087; Thence along the centerline of said St . Vrain R:.ver as it exis1.F'd on December 16, 1987 by the following one ( 1) course and distance co 4 0o a North 66° 46 ' 37" East, 1421 . 21 feet to a point on the East co Line of said SW1/4 SE1/4; '-4 H Thence South 00' 21 ' 24" East along said East lino, 765 . 34 feet ; r+ H Thence South 74° 17 ' 35" West, 341 . 36 feet; o e4 Thence North 12° 37 ' 56" West, 610 . 89 feet to a point on the South bank of the St. Vrain River as it existed on December 16 , 1987; tp *-+ W Thence along said South bank as it existed on December 3 , 1 -7 by by the following one ( 1 ) course and distance `N4f' South 66° 53 ' 23" West, 168 . 20 feet; cv < Thence South 17° 21 '01" East, 645 . 35 feet; Thence South 66° 16 ' 12" West, 158 .76 feet; U r4 W Thence South 00° 19 ' 01" East, 831 . 18 feet to a :point on the Nor'.h a� • z, bank of the Last Chance Ditch; m cc. Thence along the North bank of said Last Clance Ditch by -1►e co following two (2) courses and distance -' � South 45° 07 '44" West, 206. 14 feet; m South 64° 50'03" West, 669 . 34 feet to a point on the West line of said NW1/4 NE1/4; Thence North 00° 42 ' 00" East along said West 1Lne, 1147. 38 feet to the POINT OF BEGINNING Said described parcel of land contains 36 . 235 acres, more or less, and is subject to any rights-of-way or ether easements as granted or reserved by instruments of records or as now existing on said described parcel of land. t3F.10037 EXHIBIT "2" LEGAL DESCRIPTION A parcel of land being all that part of the Northeast Quarter the Northeast Quarter (NE1 /4 NE1/4) of Secti_pn 2, Townshi.� o O North, Range 68 West of the 6th Principal Meridian, also part e± the Southeast Quarter of the Southeast Quarter (SE1/4 :.E:1/4) a, p Section 35, Township 3 North, Range 68 West of the 6th Princi,...._ Meridian all in Weld County, Colorado as recorded on Novemoex : , 1987 in Book 1175 under Reception Number 02120 ?63 of the reco :..: of the Weld County Clerk and Recorders lying Northwesterly .ar.Northerly of the following described line, which is t.).a. No - 41 o bank of the Last Chance Ditch and being more par-...:_ula . described as follows : O BEGINNING at the Northwest Corner (NW Cor ) of said NE1 /4 FE: / 3 co a monumer.ted by a #4 r^ebar with aluminum cap stamped t, 41 assuming they West line of said NE1/4 NE1/4 as bear 00° 16' West as Indicated in aforesaid legal de ::;r ipticn, u:,.., other bearings contained trer sin relative ther et.): w 0o 1 co U Thence South 00° 16 ' West along said West line , 562 . 6 se_t t•. co z point on the Northtirc:: to:r ly bank of the said :ast Chance it :n . Said pc:int being tree TRUE POINT OF BEGINNING of HE-4 cis: cr ip�_ Lan; U; Ri Thence ;long the Northwesterly and Northerly Line of L ... t i Chance Ditch by the following three ( 3) courses and dictr. _eL: co North 49° 01 ' East, 290 . _5 feet Z North 72° 03 ' East, 201 . 1 feet Sc:uth 88° 11 ' East, feet, more or less to at:__.., . v East line afore.:aid lec4 1 description . ai 9 paint h€ . :.c TERMINUS POINT of said 1, n th scr. iption. Said described parcel of ;and contal.rt4: 5 . 9 ac.-es, more c. ; le . , co r-- and is :subject to any right -of-way or other easements a:: gran . `J or reserved by instruments of record or as now existinq .::n �::•�..c i=' described parcel of land . EXHIBIT "3" LEGAL DESCRIPTION A parcel of land being all that part of the Soet.heast Qua: ler r.;-: 00 the Southeast Quarter (SE1/4 SE1/4) of Section. 35, Tow::shic North, Range 68 West of the 6th Principal Meridian, Weld County , Colorado as described in Book 832 under Recepticn Number ::?5358 �� as recorded May 16, 1978 in the records of the Weld Count; Cler►: and Recorders and being that part of said parcel of lane. lying Southeasterly of the centerline of the main channel of he ::T . oW Vrain River as it existed on December 16, 1987 . The center; : ne c•' c•the mainchannel of said St. . Vrai.n River being more parti: ►.�.ar u}w pg described as follows : G4 U BEGINNING at the Northwest Corner (NW Cor ) of said SE/14 : ::; ! : ,.. monumented by a #4 rebar with aluminum cap stamped II11.41 . ae of2' assuming the West line of said SE1/4 SE1 /4 as bearing ':sue:- :: 00° 16 ' West as indicated in aforesaid legal description w: h other bearings contained herein relative theretc : kl cceL Thence South 00° 16 ' West along said West line, 235 . 9 fee' Lco _ - poi nt on the centerline of the main channel of said St . Vr. : .. C0 H' River . Said point being the TRUE POINT OF BEGINNING of era . (. Ii ;. SW+ description : o cn Thence along the centerline of tree main channel o1 said St . V. rare River as it existed on December 16, 1987 by the followlne tnt '.e rn w ( 3 ) courses and distances co N z North 78° 25 ' East, 324 . 3 feet N� North :1° 15 ' Eart ,. __. . E: feet North 54° 37' East, 118 feet, more or less, to a p e ca x the Ncr. th► line of ::aic: :SE1 /4 SEI14 . Said point. I.•e . ne t ,. TERMINUS POINT of said line description . re co co,e Said parcel of land contains 19 acres, more ox less , :And . . ,-,or subject to any rights-of- way or other easements as granted or reserved by instruments: of record or as now existing ,n Sal; described parcel of land . EXHIBIT "4" AR2 L28 315 MINING LEASE FOR "SLOVEK" PROPERTY FOR SAND GRAVEL AND AGGREGATE Jan.0"X eg o THIS LEASE made the /'1 day of, 19 tis6i between JOHN P. SLOVEK, SR. , JOHN P . SLOVEK, JR. , GARY W. SLOVEK and MICHAEL S . SLOVEK, hereinafter referred to as "Sloveks, " of _.-2_060? • u P011711 M001 Dri ✓c (address) City of .wti n f7,wi County of w< / , State of Colorado, and BOARD OF COUNTY o w COMMISSIONERS OF WELD COUNTY, COLORADO, a body corporate and o 3 politic operating pursuant to the laws of the State of Colorado o x and the Weld County Home Rule Charter, doing business at 915 Tenth u) w Street, City of Greeley, County of Weld, State of Colorado, a hereinafter referred to as "County. " Sloveks , in consideration of oo the Agreement set forth herein to he kept and performed by County, a and of the payment of royalties by County as provided herein, and pa o subject to the terms, conditions , and provisions, contained ‘.0 '.a herein, leases to County that certain tract of land situated in •-1 :4 Weld County, State of Colorado, which is particularly described in a Exhibits "3" and "4 , " attached hereto and made a part hereof, for m u the purposes of mining, removing, processing, storing, and marketing therefrom all sand, gravel , and aggregate , all of which 00 '4 are herein referred to as materials. ri ou) 1 . TERM OF LEASE - This Lease shall be in effect for a period of six (6) years , and six (6) months from the ^., a date of signature . The first six (6) months of the term m of the Lease are for the purpose of exploration, survey, N z planning, and application for necessary permits and Z County shall not have the right to remove materials for o a these six (6) months. Should County be delayed in u a obtaining a Mined Land Reclamation Permi _ by reasor of wan administrative denial and the need to appeal such decision, Sloveks agree to toll the running of the term rn Cori during the administrative delay for a time not to exceed one (1) year . This lease constitutes the sole and exclusive right to prospect and remove materials during "' its term. 2 . CONSIDERATION - Consideration for the lease is provided by the settlement of Weld District Court Case No. 81-CV-520 of all claims and defenses , receipt of which is hereby acknowledged, and no additional consideration shall be required from County. 3 . SURFACE RIGHTS OF COUNTY - County may clear brush, trees, undergrowth, fences internal to the property, corrals , and other improvements , including the residence currently located thereon, as may be reasonably necessary to explore for materials or to locate pits and stockpile in processing areas. In order to obtain access to these premises , and to carry on its operations Page 1 of 7 Pages 8S0"03n hereunder, County shall have the right tD make use of all roadways presently existing on the leased premises, o and shall have the further right to build such u additional roads as may be necessary for the production and removal of materials hereunder. In building such N o roads County may use materials from the leased area, and shall not be required to pay any additional royalties i for materials so used. This right shall npt include the 3 right to use that portion of the driveway accessing the 0 • leased premises from a point on the north bank of the o w Last Chance Ditch to Weld County Road 24 3/4 except during the initial six (6) month term of the Lease and p then only for passenger vehicles and Lot for heavy equipment. co o4 •• ,a County may maintain and operate rock crushing and � C4 screening equipment on the leased premises, if it should so desire, to process materials thereon. This right m w shall not include the right to operate or maintain any coo concrete or asphalt batch plant on the premises. County co z may, subject to the provisions contained herein, also w erect such buildings and install such machinery and equipment as my be useful in connection with its tx operations hereunder. Ln M 4 . WATER - Sloveks represent that they own sufficient interest in the Rural Ditch to provide water for N, z, augmentation to avoid injury to other water users from evaporative water loss from the completed gravel pits . N Sloveks agree to execute an agreement with the Water u Users of District 6 and/or Central Water Conservancy District to dedicate water for as long as there are M exposed water surfaces in the ponds created by the CO cN gravel operation, in an amount equivalent to 2 acre feet rIO per acre of exposed water in the gravel pits . Should m :‘+ such perpetual dedication be found inadequate to meet the requirements of Colorado law by a Court of competent jurisdiction or by administrative ruling of the State Engineer, Sloveks agree to provide the amount of water necessary to meet Court or State Engineer approved augmentation plan . Sloveks also agree to make water available for the term of the Lease for the purposes of dust abatement for the premises and access roads to the premises. 5 . PERMITS - Weld County shall be responsible for obtaining all necessary State, County, and Federal permits for the operation on the subject premises at its own expense. Weld County shall exercise reasonable diligence in obtaining all necessary permits in a t:'.mely fashion. The operation on the premises shall be conducted in 8'',,'41^) ` Page 2 of 7 Pages o compliance with those permits as may be determined by o v the agency legally responsible for enforcing those permits. Sloveks agree to cooperate with. Weld County en o and to execute any necessary documents tc assist Weld County in obtaining the necessary permits. a 0 3 6 . PROTECTION AND RESTORATION OF SURFACE - County will o m restore the premises in accordance with a reclamation mw plan approved by the Colorado Mined Land Reclamation a Board or Division as determined by that agency except that Sloveks shall be responsible, at their expense, for planting of trees , grass, shrubs and any other cover or o m vegetation as required by the Mined Land Reclamation Permit. A 7 . REMOVAL OF IMPROVEMENTS AND EQUIPMENT - All improvements m a and equipment placed on the leased premises by County, except fences, and gates, shall remain the property of °° H County and County shall have the right to remove such w property prior to the expiration of this Lease. ti F 8 . INDEMNIFICATION OF SLOVEKS - County agrees to indemnify Ln o Sloveks against liability on all claims for damages and M 54 injuries to third persons or third persons' property Nz claimed to have resulted from the acts or omissions of ei z County or its agents or employees in conducting the o mining operation during the term of this lease. 114 9 . FENCING - County shall have the right to remove all fencing on the property during the course of the m N operation, with the exception of fencing along the � eastern boundaries of the property. County agrees to O restore the three (3) strand barbed-wire fence along the A A west property line of the premises once operation is completed unless such requirement is waived by Sloveks . 10 . USE OF SURFACE BY SLOVEKS - Sloveks may continue use of the surface of the premises for the first six (6) months of the term or until the permits are obtained , whichever is later, provided there is no interference with the exploration, survey and planning for the mining operation. Thereafter, Sloveks shall not use the surface of the premises during the term of the Levee except as written consent is given by the Director of the Road and Bridge Department for County . This shall not preclude Sloveks from inspecting the premises to determine compliance with this Lease Frovided such inspections do not interfere with the operations or create a safety hazard for Weld County or its agents or employees or the Sloveks . Page 3 of 7 Pages 0 11 . County shall have the right to surrender this Lease at any point to the Sloveks upon written notice provided that all restoration, other than planting , pursuant t.o O paragraph 6 herein, has been completed in accordance with the Mined Land Reclamation Permit. a o 12 . DEFAULT BY COUNTY - In the event that default occurs in o x the performance of Sections 2 , 3 , 5 and 5 of this Lease mw by County, the Sloveks shall have the right to give a 180-day notice in writing to County, demanding the correction or removal of such default. In the event County fails to correct or remove such default within o a such period, Sloveks may, at their option, terminate this Lease by notice and the tenderir.g of a sum r' equivalent to the fair market value of the sand, gravel, and aggregate still in place at the time of termination. m u If this Lease is terminated by Sloveks pursuant to this z section, the Sloveks shall have no further right to ti H remedies against County except the forfe:.ture of this Lease. County shall have sixty (60) days after such 0m termination within which to remove any plait, structures, equipment, or stockpile sand, gravel , or r-Iaggregate placed on the leased premises by County. M w cw z 13 . County shall have the right to discharge waters pumped 4 from the ponds created by the mining ope:^ation on the premises over and across adjacent property held by z Sloveks , described in Exhibits "1" and "2 , " to existing w ponds and the Sloveks agree to grant an easement for that purpose. N CO N 14 . County shall access the parcel from the property described in Exhibits "1" and "2" to the west of the a w subject parcel . Sloveks will execute any necessary easements or leases to allow access from the subject parcel through property described in Exhibits "1" and "2" and across the Last Chance Ditch on both of the two existing roads . County shall also be allowed use of that portion of property described in Exaibit "1 " for purposes of crushing, processing and stockpiling materials from the subject parcel. 15 . Notice required to be given under this 1aase shall be accomplished by mailing, certified mail return receipt requested, to the following addresses: County: Board of County Commissioners P. O. Box 758 Greeley, CO 80632 Copy by First Class mail to: fficar) 31 Page 4 of 7 Pages Weld County Attorney 0 915 Tenth Street P. O. Box 1948 Greeley, CO 80632 to 0 u Sloveks: John Slovek, Jr. a 20607 Northmoor Drive 0o Johnstown, CO 80534 so w Copy by First Class mail to: R. Nicholas Palmer O Law Firm of Arthur B. Walsh co a, 6500 South Quebec, Suite 250 .. w Englewood, CO 80111 1/4O Change of address shall be given by mailing of notice of co a such change. oou co : 16 . Sloveks warrant that they possess an indefeasible estate in fee simple in and to all interest in the sand, o gravel, and aggregate on the subject property and have good right and full power to lease same . Sloveks shall Ln o indemnify County and pay all claims and costs of defense for any causes of action arising out of any third parties ' claims to said materials, shall warrant quiet " and peaceable possession to the County under the terms N H '" of this lease, and will defend title thereto against all persons who may lawfully claim the same . Further, w Sloveks state that the property is free and clear from cesz any encumbrance affecting the right of the County to M M remove materials. This lease is contingent on County ' s co r° obtaining satisfactory title insurance at County ' s sole r o expense. oa 17 . Sloveks recognize that the operations contemplated by the lease may, even when conducted in accordance with regulatory requirements, cause interference with adjacent land uses . Sloveks hereby waive any tort including trespass and nuisance claims based upon such interference but, in so doing, expressly reserve any cause based upon this lease and the right to seek administrative remedies from the agencies responsible for regulating such operations . Notwithstanding the preceding, Sloveks do not waive any trespass or nuisance claim based upon the willful and wanton or grossly negligent acts of the County or its employees . 18 . VENUE - Venue for any dispute arising under this lease shall be proper in and for the District Court in and for 8F ^'3' Page 5 of 7 Pages r, o .-' 0 o the County of Weld, State of Colorado, :.9th Judicial 0o District. O na 19 . This lease is intended to be binding on the heirs, ow personal representatives , and successors in interest to 0 3 the parties hereto. 0 P4 a i� BOARD OF COUNTY COMMISSIONERS w w ATTEST:($ f '4 °'�«'* t^' �",J WELD COUNTY, COLORADO x I , Weld Cotity, tides, at�d Recorder vo and Cl.erk,. . t e' d By: W z (' ` Chairman rij COlyeli PI.. _ fraitai • u ( putty Clerk co o a J HN P. SLOVEK, SR . w in w SUBSCRIBED AND SWORN to before me this day ofrn w _, 19 $ si , by John P. Slovek, Sr. N• Z N rc4 WIT ESS my hand and official seal. 0 0 6666 W a ````',,, t. �1/��"'. / 'r •.._: . r N ' �'r \'0 tARX .. * Notary Public " _ * o-v-o ! M w ; ciT: 114frnCan'slion expires: 5 3 y/ C rres or JOHN P. SLOVEK, JR . SUBSCRIBED AND SWORN to before me this /1 day of 7// fi- _ 14urG�u[, , 19 k h , by John P . Slovek, Jr. WITNESS my hand and official seal. ,aMqur,,,,, 2 Y "''. • �l .......D iJC :. 4 � _ = 'Fi `, , nRy =.'k`_ Notary ub is J N'•.StyrEciw i. $ion expires ! -5--mil'/ f • OF � _ Co;n• 'isDn Page 6 of 7 Pages A o GARY W. LOVEK r 0 SUBSCRIBED AND SWORN to before me this / day of v 19 cf' , by Gary W. Slovek. n — �.au� 7 a 00 3 WITNE S my hand and official seal. pyp Jf,,f, co W t,,' IA. et +,,,,, . : W wry$• '-O-6-vy•: x _ Notary/Public 5 co r. = • w � . i Bte +`i<r�sion expires: 5 -5-L1/ ti a . . .... C r �: w , co I-7 ,•,�,��,•�• /' 0 co o TT��F co M HAEL S. SLOVEK , H H � W r-4 E O Cr) L SUBSCRIBED AND SWORN to before me this day of _ an47 ."4_,�rlr 1 19 ,c_, by Michael S. Slove . —Ln,r,, w WITN SS my hand and official seal . m N z pUwwn...•.. // O g4 SQ w5 � `a • , 'i�' ••:'y_ Notar Public P ?. CON z u+, , ¢pEip£nnr],S gion expires r 9- H I IN v/T; • t r-1 O C. ...... ... .f . GQ ZI ............r. Page 7 of 7 Pages LEGAL DESCRIPTION A parcel of land being part of the Nor t.hwc•n t :.)uar. t er f th. Northeast Quarter (NWI./4 NE1/4) oE Section 2, Toan. hip 1: l'. )r th Range 68 West of the 6th Principal Meridian, al:,o p: i t. t th Southwest Quarter of: the Southeast: Quarter ( 3%41/4 ::L•' 1 ) t: Section >; Township 3 North, Range f.'•}3 West of tie 6th Pr r t p,i Meridian ill in Weld County , Colorado .end being mpre par t i., t l ar 1 • 00 O de:':c'r:l.l)trc as f, ,1 1 ow:; : U BEGINNING .at the Nottheast: Corner (NE Cor ) of ::, id NW1i' J i • o W aud assuming th.:. North lino of the Northeast Quarter ! NE : 1 : c> Section 2 as bearing North 89° 23'22" East with 11 : the o beatings •;ont.a i vtt.il }t:>t •::7 r. 't"e.•.l tit.ivc? thereto: yr qW G Thence Sc. ath )O° 50 ' 3U" West along thr East ..ina of _. _.: viii U NE1.. 4, J.ei:'t. to a po.iiii. on ; Z,r., Nt r. t.lt i r ..tr t:h• l,C;r€ l)i tiYl; � � Thence :ii l ''tiq t..l,: t't,i.l .ft i,:etl : c f. r itt LastCh:.,rrt.;� Di.'tt:i, th • tat l.owinc one ( .1. ) a and distance Sc..ut i 73° 1 • 43" West , 585 . 93 ₹ee- 'i'ht:ar.t=t V,_.:i:Y, 00° 19 '01 " West, 831 . 18 feet; co U T t,.tr.c`' Nc>: i:.h 68° 18' 1 " East, 158 . 76 feet ; o z Thence North 17° 21 '01 " West, 645 . 35 feet to a point on th .,ut of tie St. . Vr:..i iii Rive,: as it exas.cd on Dec : nber l , 3 �• C*3 4E-* Thence along s.aic" :3ottth bank by the following one ( 1 ) r.:out : an : o to distance Nort n 66° 53' 23" East , 168. 20) feet. W Thence Sc•.ath 1'° 7 ' 5b" East, 610 . 89 feet; co Thence No::th 74° 17' 5" East, 341 . 36 feet to a pD.nt on t' c a z I inc.+ of :-: aid ;3W1/4 SE./4; n: Thence S . ith O )° 1.1 24" East along said East: :Lime, 337.02 ii. :r . t o y, the POINT OF BEGINNING. UPG w rz Said cJes,,r•al.,e:J parcel or land rcant.airir: L3 . 531 .acres, >.; t. anc is s.ab;jet:;t to any rights-of- way or at-lar e.35»rnt'r : _ a m v granted is r r esei vc,ci by irlastrument.:, of record or _r.3 now F : 1 ar ; n t ' o .:,n :aic# c'esc.:ritaed par,.:e•1 of land . 4 w EXHIBIT "1" LEGAL, __..DESCR.IPTION A pa►:ce'. of land hei.uc_{ part of the No thwr:.:r_ Ntrtheasst. Quarter (NW.1. 14 NEl '4 ) of Section 2, Township I :r t.' Range 6H West of. the 6th Principal nc•i.pal M4- r .idr.t►rt, also • t. • • Southwest Quarter ot th•-• :toittheast Quart:or ;;W1/4 t THu Stac.:ti.c•n :" , 'rown:;h) ;, 3 V .•r t:'t, Range €.11 of !'h t .. ? , (7\ 0 Meridian all ! n Wi-.1•:) Cou:lt y , (.�c�i.rir.ado 3rlt.i hi,!ltilt i).:.)', is pi. I i descritle an follows : C.7 ow BEGINNING at. I ho North Ourtor Corner N1 /4 Cot ) t.f :-aid ) '$ and 3.S::ltl•t.i.rl.1 1 he Nor tit 1 i(' ti. .i.•3 Nor t.ItE'a::t. c).i 91 t,i • ?-9':,' • o ..aid Sec ion a: •.tear L:tg Nor ti. 89° 23 ' 22" E:a: '. with a.. 1 Jr. I'•r•:1►: my cnt..tl r.!'•'.t h.%l •-a i it r (' l ii R• t.hc•t t.s,: O N .r't:.h 00' 34 ' 29" W..sr along the Wei:f: line of .'.3 , -.I : •W 1 • co .T1 /4 , 55 5 . 90 90 feet to :•`ic' conterlino of the n chane 0 ;i Vi rll. T1. Vi•7' AS it t'XL.-.t.t:!ii on December 1f•, 19:!7; >.O ,'1:t.':rr..;F. •a ; c;tt't t !.•r:•rt t' . .. l . ;,t• of J.:c i d ;t . Vra in R i . t.5 t (�' i,► Dec.t:•rtt'. I'r' l ('•, 1.c.}137 1.)V! !.r)C: VC)) rig ::)rlt ( ) e._:Ir:;e acid 'It .an• CO t-•7 N.,r h 6 ° 4'r: ' „.7" Est 1 ';::1 . 21 feet toa point CO U 1 i.ny tit :':tl :1 SW1 /1 ._ El/4 ; w f' Thence ...uth 00° 21 ' 24"' 3 East line, 7hS . 4 ' . - ; H W Thence S . uth .'4° 17' _:5" Wet, 341 . 36 feet ; ,-4E1 Tlien•:e N . rth 12° 37 ' 56" W' t , f..1 '. . 89 t'.;.t•t t.<• a ;_r t '.. _ 1! • U U) R• hank cI1 the St . •/I .:.1 , rt R1.V.•1 •.r:_ ►.t exited on Per.•mt.t:•r it'> , 1 . ); Thence along said Soo it bait1': •i:=• it :1.,`it.••d on o<•F:!1r11r.•. ): • . c W I.•, the t' : 11owiny t.,ri c : I . •o;t, :.:• and d'i :,t.anct. co South t- E,° 5.3 ' ...3" W...'s.'., : Eiu . . (1 tee ; z Thence S. ut.h 17° 21 ' 01 " East , 64 . 35 feet ; N A; Thence Suth E. t° lN. ' 1 '" Wet, 1V .76 f•'�«�t:; Thence S•". uth (..T.1° 19 ' 01 " Eat, B31 . 18 feet to a point on '.h-? 1:s:t,' t t u t..:rlI.: .�.r the T.ar:t c'tt._lrt•. •.• ,r i tc:h; a '!'he'nc.,e •] can.: t•.cler North h•tnl: of said East. Ch.:.nce D.i.tcl• • c,1 ►. 1 cl11 r,)wi n•: two ( 2 ) courses and r1 t) tancrc CO � South 45° 07 ' 44" West, 206 . 14 feet; • t G South 640 5, C•3" W.,;;* , f;t6C' . :.:4 feet to a pt•i r.t. tin ! -r. We: • a, 1 i.n" of :. .a rid NW). /4 N E 1 .'4 ; Thence N': rth 00° 42 ' 00" East along said West lire, 1147 . tt.t the POINT OF BEGINNING Sail described parcel of land contains 3E. . 236 6c,res, n r less, an. is subject to any r'icthts-of. ' way or other ea:�Ot;t-, • I :. .t: granted •: r reserved by instruments of rt?c.or-(':': or as rtt tw e ; . on said '.,essrribed parc!del of land . 890;7)3'1 EXHIBIT "2" LEGAL _DESCRIPTI0N A parcel of l.ixid I '. iiy 311. t ha:. pJiil t u f the: No.1 t 1O.1s t ():.:a; t t:ne Nor th' ast Quartet (NE1 /4 NL:1/4) et :Setztl.on 2, TL..wt :. ttp i--i 0 North, 'Rage t,L3 Wesel of. the oth .rit1;.1p.a.i I4t?.r:ld.:. )n, also i •, e• the Southeast Quarter of the . out.nea:it Qu..ti cet ( :,EL/4 ;:.E : 1 ; - 0 0 Se :t.ion 3 Tt►wl►:3Iil I., 3 NoL th, R..itty(:• ()t; Wc-et;t. 01 t 1e 6th Pt ri u Meridian .i__1 i n We.Lct County, Colorado as -recorded :)LL NUv el. 1. 198.; L ti :3t..)01. 1. 1 7': Usitia'L Roue pt i :ni Number 02..1.211.'6 1. t i1. [ i. _ 't •u. o ut: the W . !.d 1Ct:'lttt:y :L'ar'k •Ind Ri_:t: d or e':1: :; ly ing N ;r r.hwe :I e: 1 ! -1rL l O 3 Nor t het 1y of thE• 1 t.)1 1 ow Lim dc.,;01:i tsE.:d 1 a 11.8, wl) it,.ii t1,. o a banl.. ;:,t the L._t:at_ ::hare: U.t:4_ t and tid.iri:g In .Jt:. pa) t.. , L :. .I • 41 Q tieac•E3.t)vc; ..ts t•:).1. 1ow:.. . a BEGINNING at. t. It' Not I hwest Cot:lirei ( NW t:•:)1.. ! of ::a 3 '`:F..: i !4 N. • ' 1 zi mo:rrn:m«write_.1 by a it'i tr'a'il with -L1.uniinum cap s ,rno .1 It ; : r. CO c4 .f 31. ►ni11•.. t.titie W( is t. 111C' of ::s._t Ld NE1 /4 11 El i 4 i:3 beat [ ri• - Wf..;1: ..is inc1 c.7 '..«:ed in al<:,re:,a1d .. :.:j tI tle;:C: l;•s_i .I` , w. , r-i .Y. i'.t '•l. 1J•:'ri: irigs 1_e::i'.!..1 L nod h'i i •:' L11 reliati.v'.. t_}ir_ :e1 i.• : rx - 000 V Tic Si_• 11_h )(.'° . Wt st ;il.ur►:4 .:.a. i.•3 W�...1: .. int , 1':':1.[' t uri .Ii.' N•).r't.tlwt:'' t_r C l y 1i.3[►k it. t hr-! :Eliza La Ltt. Chant.•4.• I L CO r-1 H :: alit ;..:•i 1!: !'�•:• ; :it. t tit TRUE POINT OF BEGINNING t)f. ..e t. i,• a %.10•.tr co ,t l ..til.l tat-. Nor t.liwe: tor 1.y . ad N! 1: tr.hoL'1 y 1 i 1!' of a: it.al.l a ':c:h1 by t h' follow t.rl three ( 2. ) course::::,e: a 1d (11.s t -_.n• t .--1 w 1� y • GT+ Nor t.:i 49° 1)1 ' Eac:t., 2'1)0 . ' feet cc (-.1z Nor t :i 72° t.)3 ' East., 201 . 1 f et N• Q Suut i BB° LI ' East, (D7 feet , multi- or 1es:.- -.t. 1 . h O 1 •a.3t. I :L[i� a1:oie..:ai.d Legal! Sad p31nt il--: i l t h. U cz TERMINUS POINT .D.t. );a 1.': 1 i r'le• . ix Salo des c bt-ld (.:i• ll.`s 5 , (� :3c:1' e..�, illt: f.•' i ._ ... t''1 CO co N .411...1 lS t. ..i•ject• tt; •lit j L Le l; r:.:_ iii. - 14..-Ay t:i'i' ot1l er ease nent.:: I.t it L' ':3.9 e' 4•'(:1 b-/ J Li:st.l till)li:ft 1_: 1)!: L ..:“7.`Ord or ii: Y1(iW I Lst L r:•a • ! • 9.1 • f:ie•:".tt _t bet. tit L.irit . W L=i EXHIBIT "3" LEGAL DESCRIPTION 1; L•r3 , t::e1 c:>f .1 and !.,e l+.J 3 I r:Iat. par of the, Sou t I t-•.,.ft (JL,.-1: . 3 rt 0 I:IiE• ::iouth(.•-tst Qua ter (;:iE . 4 :. E1/4 ) ot ] 13'1 .:'. , i�,.�W:'• tl't, Rfal,(.le (4.1 t 11t2 t.t.t'1 f 1. :t-11,. 1.1••,1 Mk:.I' J :1.t_• ii, W,: 'i... r I •.d0 .ems dry t.'1 Lb,_.3 t rt 1:(,{,.. fb.'.' under: kF:c:•✓•1_,t.l.un Nuiubt::! `t•, ,-! 0 •--! U :l:: '! ttr•t1 May lb t 'i"I� • tl t tic-: l (?(!rll 11`.> t',1: the Wt• I it l:'>tlrt and .,1)'(.'.(.1.I"t?l-_'t :_t and ._'P1 :r'.) Unit isar. i:. Of' :;.aid 1;ar't:::F .! (.•1. t .-,'I : ? 't'. ;;t,trt.'•'iF a.cr. r,-:r Ly c ,.:t-ttt.(,I: i 't ne• ol t110 m_t t r, rl. rtnt:•1 r•t • t• . Ot/[.:,) ) lzl Vt. t' •:t::; it ex.l..it.('?(j on December it_', s 9f•;i Ti F:' (.:c.nt.,:'t'.; : t .1; • ! ';. of+.l.t,•:i:•is'ttt•"3 t:It i i t1 ;it V1: d i n River being tut Y)-- pal ' : t . 1 : tX 1 V3-W (1 r-•c ,. : L)e (.i .a 3 1.( 1 1 0 W a : W O BEGINNING at tPtr: Nortrlw'i:sI'. Cornet ( NW ('t.)! ? :'.'f. :.:1 , E; 11 .;i: ' U mi,r:umE:nt ,... by :+ 44 rt:•t):at w1.1 h alurrlir,,,m .::•rl' . _; m1•t,(! h : .. . , 1�r o a t.ln;inq ". he Wc';;t line of .. .lid SEI /4 SE1 :4 :1: b•-:at i u.• ( •I' • Lis i:it:i° ' We;=t. L I-i ii .- at.c.Cl i.r1 :if cr- -said l•:+ya,I (:(.:- .L t . .. ' r-•F `fit ':`t!tf'!' I),_:_y Lti(Ih; 4:4.-)nt . tri. t1 nor Lv'' t hot et'.4) : co )4 'l't1E n•:t: :'o,..th Ora l6 ' wt'::±. ,s ton:J ic1 Wh r t'. L LI',r. , '. , '.a • co U I_•„! n t on the centerline of the nl,) ; r3 ''I't.3nnol. of co z i'; tvet' . r (4 1:3c::ir, r: I,i.' it-i ;ti' TRUE POINT OF BEGINNING of • .., . e1 H t'-1 W 'rift•,..:'.' ,J I•: tl( t} (? .5?Irl.,:'I i. i.n•: of t.In? and 1 n t"ha,tr.C1 L!1 r7 3 t,F.r. a:. it t-'xi ::t.).•'(1 r:)rl : .;' nlbF,f ! (•, 1(1.97 by the e t-t.,l l Uw i n-.i 11 .•• .t W '. ;oui .' .art(; (111 in : N Nor t i f i° _ ' F.:�::t , i -34 , f e4-?t t--I Z 'N(.I r t ' %1 0 1 S ' . ..: . c i 71 E.l�•f� t: O Nc-:'t: • J'4° : f ' Lct I.. , IIt.' t•'•: t , rc--)X'(? P. J. t U ! !:t• Nor t.h l i ti'? of ,) i .1 .["l ,•{ .•f: 1 !7 . :;, Lc1 t' n W� TERMINUS POINT d'•:t(:rip1: ion M 01 i ' l .it' el of Iand ,:•3iit.::1 , n:•. 1 ':) ti11•t't�::, rnt..'r,:' ,.. ! C. ' CO (-4 4'` r-! r •ril,jrar:t t• • .i,ly r i yht .Z ':,t. -.J. .:i. t ): ,-! o -2:0 I: VF"(.I I::y 1lNI: 11J t1,F: r1'.:r; Of l (1 or 3.:.: now W w „F,;:c t i.F:c;i1 i:•.lrc:t-•'1 1)1 el, . EXHIBIT "4 " Fjr)73: SET' ..EMENT AGREEMENT r, THIS AGREEMENT , made and entered into this / ca', of �Cenu¢r _988 , by and between John P . Sloven , Sr . , _ _ hn P . Slovek , Jr . .. Gary W . Slovek , and Michael S . Slovek ( hereina.fter "Sloveks"), and the E_ard of County Commissioners of the Ccity of Weld , S: ste of Colorado ( hereinafter "Weld Coun'.y" ) • WITNESSETH : WHEREAS , Slovek and Weld County are parties to Civil Ac- on Number 81 -CJ-520 , in the Colorado State District Court for one County of Weld , entitled John_P . Slovek , Sr . , et al . vs . Toe Board of County n gym, sip ' s of the County cf held , F cf Colorado , concerning a determination of the claims aid iiabTill . es of the arties thereto arising a.i a resin _ of flooding on or ,about -Vay 1 , _ 980 , which caused perty and persona_ injury to the Sloveks ; and WHE EAS , the parties being desirous of cooprorr. isir'G anal settl inc a_ 1 claims and disputes between there arising out of t-he May 1 , 1980 incident ; NOW , THEREFORE , in consideration of the promises , re:.e zses and covenants herein contained , and other good and valiatle consideration , the adequacy and sufficiency of which the parries hereby acknowledge , the parties covenant and agree as follows : 1 . CJNSIOERATION . At the time of signing this Settlenent Agreement , Weld County shall deliver to the Sloveks a cashier ' s check, made payable to "John P . Slovek , Sr . , John F . Slovek , Gary W . Slovek , and Michael S . Slovek , " in the amount of $90 , 000 . 00 . At the time of signing this Settlement Agreement , Weld County shall execute a Contract for Warranty Deed with the Sloveks , as joint tenants and not as tenants in :ommon , in the form of Exhibit 1 attached hereto , for the transfer of the parcel of land situate in the County of Weld , State of Colorado , wY : ch is known as the North Hoekstra Ponds and commonl} described as the approximately 40 acre parcel of land contiguois and west of the original Slovek Property , south of the St . Vrain River and north of the Last Chance Irrigation Canal , aid more fully described in Exhibit 1 ( hereinafter "Hoekstra Property" ) . At the time the permits for the removal of the material from the Slovek Property are obtained as described in Exhibit 2 , Weld County shall grant , convey and transfer to the Sloveks , as joint tenants and not as tenants in common , the Hoekstra Property , in fee simple by good and sufficient general warranty deed , free and clear from all deeds and encumbrances . The parties hereby stipulate and agree that the value of the real property is $100 , 000 . 00 . 890031 2 . ALLOCATION OF CONSIDERATION . The Sloveks and Wed County hereby stipulate and agree that one - half of . ., e consideration set forth herein shall be for the anr,c.yarce and discomfort sustained by the Sloveks , one — half cf :. e consideration set forth herein shall be for ear,age to :µ.e _ cv _ ks ' original parcel of real property , and none of : ^e consideration shall be for the Sloveks ' loss of use and er:,o; rill :t of the property. 3 . LEASE /RECLAMATION . At the time of sigrinc tr, . s Settlement Agreement , the parties will sign two separate leases in the forms attached hereto as Exhibits 3 (Slovek Property ) and 4 (Hoeks:ra Property) , and exchange signed originals . 4 . SII?U_ATION FOR: _:ISMIccAL OF ACTION WlTY.2RE.J: DICE At the t : me of the transfer of Settlerr,ent consideratio-7,—Wcuntv will sign , or :apse its counsel to sign , as the cae may be , and deriver to Sicveks ' c•: n ei , signed originals of Sti ulat . .:n for Dismissal cf Action with Prejudice , and the Sleeks Etall cause 1s counsel to sion and to file with t ;',e Court • "se Ship.:. arior for :,isr _ssal of Action. with Prefadice . !,UTUTAL RELEASE . Except with respect to the riots , duties , and oblcations arising under and created by tY. s Sett .emer.t Agre;.,ent , the Sloveks , on the one hand , and Weid County , on the other , mutually release, discharge , and cc chit each other , their agents , employees , officers , cDnmi ssione: _ , officials , and directors , whether past or present , predeces:c _ s , successors , assigns, heirs , and administrators , frcn any and all right _ , claims , demands , or causes of action whatsoever which they nay have direct or indirect , known or unknown , arising from or in connection with or related to the flood damage wh . :h occurred on or about May I , 1980 . 6 . RESERVATION OF CONSTRUCTION PERMIT REQUI}:EM£NTS . T":is Settlement aree:T:ent stall not exempt the Sloveks from complying with all applica:;e toning , building and subdivision code=_ f :r the construction of any improvements on any of te properties related to this Settlement Agreement. 7 . REPRESENTATIONS AND WARRANTIES OF WELD COUNTY. Weld County represents and warrants that it has the sight , power , legal capacity , and equity to enter into , and perform its obligations under this Settlement Agreement , and lo additional approval or consent of any other person or entity 1s necessary in connection herewith . However , Weld County does not represent and warrant that it can obtain or grant unto itself the permits necessary for the removal of materials . 2 • 880033 8 . BINDING EFFECT . This Settlement Agreement shall Le binding upon and inure to the benefit of each of the par t . es hereto and their respective heirs , per coral rep ' esentat , . < _ , S.iccessors and assigns . 9 . LAWS OF COLORADO This Settlement Agreement snal . be construed and governed by�..the laws of the State of Colorado . 10 . ENFORCEMENT OF AGREEMENT . Any party t -at obtains a judgment in a court of record against any other party to t`. is Settlement Agreement based upon said party ' s failure to perf,. rm the terms of this Settlement Agreement stall be ent it led to recover the costs and expenses , including reasohatle at _crne s fees in seeking such l ,rneht . Il . ADDITIONAL ACTS OR DOCUMENTS . The par _nice will at _ry fr om and t me to time after the s _ ng cf th « Sett 2enert Ac _ _e ;ren ': , and uper, rec.:est , sign , ackn:_wiedye an ., deliver n. d cause to be done , signed , ackn wedged and delivered all _ _ ct further acts , writings and dOC rents as shall ieas n _ C,i he I ecu filed to effectuate the _ :rmS of this Settlement A0: a_m•ent . l2 . ENTIRE AGREEM=N? This Settlement Agreement is ed _...___.�� -� - te � : y without reliance upon any statement or representation of he parties to it , or their representatives , or the nature of any condition existing , whether known or unknown , at: the time cf this Settlement . reernent , or upon any conslderatiDn other r en that which; is expressly set forth herein . Further , this Settlement Agreement constitutes the full and complete ear of all parties hereto , and shall not be amended or mod] f- ed except in writing and signed by all parties . IN WITNESS WHEREOF , this Settlement Agreement i =_ signed ,- delivered by the parties hereto as of the date and 'leer set fnrtn above . THE BOARD OF COUNTY COMMISSIONERS FOE. WELD COUNTY , COLCRf.DO By catheLkilaS Chairman 3 8SL'333 47 :EST: /1222/Gu,..'%ea,r�.,,,x_v,�¢ : j 11//!l..11 -. Weld CountvU/Clerk and Fecc:rder and _ 1 _ rk to the Board ep _v Clerk SL.C`✓EKS Joan P. Siovek , Sr . :NI ..,\ Jezr F . Slovek , Jr . I- • Gary w "'Slovek Mi,hae1 S . —Slave—lc SLBSCFIBED AND SWORN before me this daday ..of .: i WITNESS try hand and official seal . E p 'es 8-5-91 / 4 8803 33 -- 1 = 7 c ( / ( \ \ \ 1J / S /{ 4 J 3 = 2 ,21 )i; } / \ ; _- _ l— z � ) \ CC \ 2 / : \ « d § : % , —© m, aunt" mRE wind Sd) u cc § 6t. o. le Ill Ill cc !• ( i cc ! ! o LJ ! | h i ; � tu $ ! ; Q CID | , f{ k - a • 9 » ! < «; k 7ti # |fit ;44 .82 g 4 &id t% \!k ! | $ $f ; ! !% . Q « loi IS. 9g II; • !-■7|! C 1 ! ; !§|a •-g\! f 0�§( � \# — . • l- rj ( mj� $ \,-Ise, fl . /8o! !E2» e b \ °� K |{ 7 g \\ . : $69 ! z ° e ye II Ili im.= b § V,.) 2 2 6 ` , • ! • _ . �� _._\. G3693] Hello