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HomeMy WebLinkAbout930466.tiff RESOLUTION RE: APPROVE REQUEST OF NESSALK ENERGY, INC. TO WAIVE BIDDING PROCEDURE CONCERNING OIL AND GAS LEASE AND ACCEPT OFFER TO LEASE MINERAL ACRES WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Nessalk Energy, Inc. , 1615 California, Suite 702, Denver, Colorado 80202, has requested that the bidding procedure be waived concerning an Oil and Gas Lease on certain mineral acres, described on Exhibit A, attached hereto and incorporated herein by reference, and WHEREAS, after review, the Board found that Nessalk Energy, Inc. did show good cause for waiving the bidding procedure on said Oil and Gas Lease, and WHEREAS, Nessalk Energy, Inc. is offering to lease the above described mineral acres, containing 4.26 mineral acres, more or less, and WHEREAS, the Board finds that the lease offer from Nessalk Energy, Inc. , in the amount of TWO HUNDRED AND NO/100 DOLLARS ($200.00) , is acceptable, with the further terms and conditions being as stated in said Oil and Gas Lease, a copy being attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Nessalk Energy, Inc. , 1615 California, Suite 702, Denver, Colorado 80202, to waive the bidding procedure on an Oil and Gas Lease concerning the above described mineral acres be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the offer of Nessalk Energy, Inc. , as hereinabove stated, be, and hereby is, accepted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vot/Je on the 24th day of May, A.D. , 1993. /{//tII y 1 / i /,�/N // BOARD OF COUNTY COMMISSIONERS ATTEST: A I_ y Iil Cl ^(�//j WELD COUNTY, COLORADO Weld County Clerk to the Board �� �agriJ, 'J� �G4�C-c1�' Constance L. Harbert, Chairman , �ry1 Deputy Clerk to the Boa d W. Hof Webster, Pao-Tem APPROVED AS TO FORM: ���/. _ � c/� , �_� - George Baxt r ounty Attor ey Dal K. Hall arbara J. Kirkmeye 930466 1_601.O A R 2 3 3 46 7 4 WELD COUNTY OIL AND GAS LEASE (Small Tract) THIS AGREEMENT, made and entered into this 10th day of May , 1993 , by and between WELD COUNTY, COLORADO, a political subdivision of the Sate of Colorado acting by and through the Board of County Commissioners of the County of Weld, c/o Weld County Centennial Center, 915 10th Street, Greeley, CO 80631, hereinafter called Lessor, and: Nessalk Energy. Inc. 1615 California. Suite 702 Denver Colorado, 80909 hereinafter called Lessee. WITNESSETH, that Lessor, for and in consideration of the sum of Ten and More ($10.00+) cash in hand paid, the receipt of which is hereby acknowledged, and the covenants and agreements hereinafter described, has granted, demised, leased and let, and by these presents does grant, demise, lease and let exclusively unto the said Lessee, the land hereinafter described, with the exclusive right for the purpose of mining, exploring by geophysical and other methods, and operating for and producing therefrom; oil and all gas of whatsoever nature or kind, with rights of way and easement for laying pipe lines, end erection of structures thereon to produce, save and take care of said products, all that certain tract of land situated in the County of Weld, State of Colorado, described as follows, to wit: Township North, Range West, 6th P.M. • Section SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF and containing 4.26 acres, more or less. 1. It is agreed that the lease shall remain in force for a term of three (3) years from this date and as long thereafter as oil or gas of whatsoever nature or kind is produced from said leased premises or on acreage pooled therewith, or drilling operations are continued as hereinafter provided. If, at the expiration of the primary term of this lease, oil or gas is not being produced on the leased premises or on acreage pooled therewith but Lessee is then engaged in drilling or re-working operations thereon, then this lease shall continued in force so long as operations are being continuously prosecuted on the leased premises or on acreage pooled therewith; and operations shall be considered to be continuously prosecuted if not more than ninety (90) days shall elapse between the completion or abandonment of one well and the beginning of operations for the drilling of a subsequent well. If after discovery of oil or gas on said land or on acreage pooled therewith, the production thereof should cease from any cause after the primary term, this lease shall not terminate if Lessee commences additional drilling or re-working operations within ninety (90) days from date of cessation of production or from date of completion of dry hole. If oil or gas shall be discovered and produced as a result of such operations; at or after the expiration of the primary term of this lease, this lease shall continue in force so long as oil or gas is produced from the leased premises or on acreage pooled therewith. 2. This is a PAID-UP LEASE. In consideration of the down cash payment, Lessor agrees that Lessee shall not be obligated, except as otherwise provided herein, to commence or continue any operations during the primary term. Lessee may at any time or times during or after the primary term surrender this lease as to all or any portion of said land and as to any strata or stratum by delivering to Lessor or by filing for record a release or releases, and be relieved of all obligation thereafter accruing as to the acreage surrendered. 3. In consideration of the premises the said Lessee covenants and agree to pay Lessor one-eighth (1/8) of the proceeds received by Lessee, payable monthly, for the oil, gas and other hydrocarbons produced and saved from the leased premises. 4. Where gas from a well capable of producing gas is not sold or used, Lessee may pay or tender as royalty to Lessor One Dollar per year per net mineral acre owned by Lessor and covered by this lease, such payment or tender to be made on or before the anniversary date of this lease next ensuing after the expiration of 90 days fro& the date such well is shut in and thereafter on or before the anniversary date of this lease during the period such well is shut in. If such payment or tender is made, it will be considered that gas is being produced within the meaning of this lease. 5. If said Lessor owns less than the entire oil and gas fee simple estate in the above described lands, then the royalties (including any shut-in gas royalty) herein provided for shall be paid the said Lessor only in the proportion which Lessor's interest bears to the entire oil and gas mineral fee simple estate. 930466 1 K:\ctb\oilgas B 1384 REC 02334674 05/27/93 16 : 23 $0 .00 1/004 F 2117 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Revised 3/93 Small Tract Oil and Gas Lease Page 2 6. Lessee shall have the right to use, free of cost or royalty, gas, oil and water produced on said land for Lessee's operations thereon, except water from the wells of Lessor. 1. When requested by Lessor, Lessee shall bury Lessee's pipe lines below plow depth. 8. No well shall be drilled nearer than 200 feet to any occupied building on said premises without the written consent of Lessor. 9. Lessee shall have the right at any time to remove all of Lessee's machinery and fixtures placed on said premises, including the right to draw and remove casing. 10. The rights of Lessor and Lessee hereunder may be assigned in whole or in part. No change in ownership of Lessor's interest (by assignment or otherwise) shall be binding on Lessee until Lessee has been furnished with notice, consisting of certified copies of all recorded instruments or documents and other information necessary to establish a complete chain of record title from Lessor, and then only with respect to payment thereafter made. No other kind of notice, whether actual or constructive, shall be binding upon Lessee. No present or future division of Lessor's ownership as to difference portions or parcels of said land shall operate to enlarge the obligations or diminish the rights of Lessee, and all Lessee's operations may be conducted without regard to any such division. If all or any part of this lease is assigned, no leasehold owner shall be liable for any act or omission of any other leasehold owner. 11. Lessee, at its option, is hereby given the right and power at any time and from time to time as a recurring right, either before or after production, as to all or any part of the land described herein and as to any one or more of the formations hereunder, to pool or unitize the leasehold estate and the mineral estate ty for the production or oil covered by this lease with other land, lease, wh leases in Lessee's immediate dgment it c isinecessary or advisable to doand so,gas, and or separately i for the production et n oy either, irrespective of whether authority similar to this exists with respect to such other land, lease or leases. Likewise, units previously formed to include formations not producing oil or gas may be reformed to exclude such non-producing formations. The forming or reforming of any unit shall be accomplished by Lessee executing and filing of record a declaration of such unitization or reformation, which declaration shall describe the unit. Any unit may include land upon which a well has theretofore been completed or upon which operations for drilling have theretofore been commenced. Production, drilling or reworking operations or a well shut in for want of a drilling anywhere on a unit which includes all or a part of this lease shall be treated as if it were production, or reworking operation or a well shut in for want of a market under this lease. In lieu of the royalties elsewhere herein specified, including shut-in gas royalties, Lessor shall receive on production from the unit so pooled royalties only on the portion of such production allocated to this lease; such allocation shall be that proportion of the unit production that the total number of surface acres covered by this lease and included in the unit bear to the total number of surface acres in such unit. In addition to the foregoing, lessee shall have the right to unitize, pool or combine all or any part of the above described lands as to one or more of the formations thereunder with other lands in the same general area by entering into a cooperative or unit plan of development or operation approved by any governmental authority and, from time to time, with like approval, to modify, change or terminate any such plan or agreement and, in such event, the terms, conditions and provisions of this lease shall be deemed modified to conform to the terms, conditions and provisions of such approved cooperative or unit plan of development or operation and, particularly. all drilling and development requirements of this lease, express or impled, shall be satisfied by compliance with the drilling and development requirements of such plan or agreement, and this lease shall not terminate or expire during the life or such plan or agreement. In the event that said above described lands or any part thereof shall hereafter be operated under any such cooperative or unit plan of development or operation whereby the production therefrom is allocated to different portions of the land covered by said plan, then the production allocated to any particular tract of land shall, for the purpose of computing the royalties to be paid hereunder to Lessor, be regarded as having been produced from the particular tract of land to which it is allocated and not to any other tract of land; and the royalty payments to be made hereunder to Lessor shall be based upon production only as so allocated. Lessor shall formally express Lessor's consent to any cooperative or unit plan of development or operation adopted by Lessee and approved by any governmental agency by executing the same upon request of Lessee. 12. All express or implied covenants of this lease shall be subject to all Federal and State laws, executive orders, rules or regulations, and this lease shall not be terminated, in whole or in part, nor Lessee held liable in damages, for failure to comply therewith, if compliance is prevented by, or if such failure is the result of, any such law, order, rule or regulation. B 1384 REC 02334674 05/27/93 16 : 23 $0 . 00 2/004 F 2118 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 2 K:\ctb\oilgas 930466 Revised 3/93 Small Tract Oil and Gas Lease . Page 3 13. Lessor does not warrant title to the leased premises, but it shall, upon request, allow Lessee access to such abstracts and other title papers as it has in its files. L hall have the right at any time to redeem for Lessor, by payment, any mortgages, taxes or other liens on the above described lands in the event of a default of payment by Lessor, and be subrogated to the rights of the holder thereof. 14. Lessee shall indemnify Lessor against all liability and loss, and against all claims and actions, including the defense of such claims or actions, based upon or arising out of damage or injury, including death, to persons or property caused by or sustained in connection with operations on this leased land or by conditions created thereby, or based upon any violation of any statute, ordinance or regulation. 15. Upon failure or default of Lessee to comply with any of the terms and provisions hereof including but not limited to the failure to comply with laws, rules and regulations covering Colorado oil and gas operations, Lessor is hereby authorized upon notice and hearing, as hereinafter provided, to cancel this lease as to all of the leased land so claimed or possessed by Lessee hereunder. In the event of any such default or failure, Lessor shall, before making any such cancellation, send to Lessee by certified mail, to the post office address of said lessee as shown by the records. of Lessor, a notice or intention to cancel for such failure or default, specifying the same, stating that if within thirty (30) days from the date of mailing said notice, Lessee shall correct such failure or default, no cancellation will be made. If such failure or default is not corrected with thirty (30) days after the mailing of such notice, and if Lessee does not request a hearing on such notice within thirty (30) days, this lease will terminate and be cancelled by operation of the paragraph without further action by Lessor, or further notice to Lessee. 16. All of the provisions of this lease shall he binding upon the heirs, personal representatives, successors and assigns of Lessor and Lessee. 17. Lessee shall not conduct operations of any kind upon the surface of the lands herein described without the express written consent of Lessor. IN WITNESS WHEREOF, this instrument is executed as of the date first above written. BOARD OF COUNTY COMMISSIONERS WELD TY, COLORADO L A43.7 ($11--e-eC' �A /7114117 1, �JQ//�,,, f/ ` i ATTEST: `! / I/(/GZ,,�jp wi! 0.�1� Alm — ��,,f:/iLLI� Weld County Clerk to the Boa ' By: { "nt 'C .4 �G�ab19 i- ` / �1, LESSEE: t e e/l�7k�E� c.ne By: AZ-et- �'vyLf--_________ Gerald D. Klassen, President STATE OFCOLORADO ) CiCOMM and OF WULD— ) ss. COM , .penver Ike foregoing instrument was acknowledged before me this 10 thday of May , 1991, by c ,Gerald D. Klassen. President of Nessalk Energy. Inc. ��1 r : • � GB � J�Lness my has and official seal. 1 ,syp�p, "� "9s.�afsZ.gsfmn expibesl ..,�• r -.` ,9une 23, 1_994 David C. Gremel ) Notary Public � s '•• .. 287 South 13th, Brighton, CO 80601 930 3 K:\ctb\oilgas _v6 B 1384 REC 02334674 05/27/93 16 : 23 $0 . 00 3/004 F 2119 MARY ANN FELTERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "A" This Exhibit "A" is attached to and made a part of that certain Oil and Gas Lease dated May 10, 1993, by and between Weld County, Colorado, a political subdivision of the State of Colorado acting by and through the Board of County Commissioners of the County of Weld, as LESSOR; and Nesselk Energy, Inc., as LESSEE: Said Lease covering lands situated in Weld County, Colorado and being more particularly described as follows to-wit: TOWNSHIP 5 NORTH-RANGE 67 WEST, 6TH P.M. Section 2: That part of the SW/4 of Section 2,as described in that certain Quit Claim Deed dated May 26, 1936, recorded in Book 995 at Page 337, and being more particularly described as follows: Beginning at the SE corner of the SW/4 of Section 2, Township 5 North, Range 67 West;thence North 89°00'West along the South line of SW/4 of Section 2, Township 5 North, Range 67 West, for a distance of 1539 feet; thence , on a curve to the right with a radius of 895 feet, for a distance of 242 feet; thence North 56°24'West for a distance of 898 feet, more or less, to a point on the West line of Section 2,Township 5 North, Range 67 West, said point being 590.6 feet North 10°30' East of the SW corner of Section 2, Township 5 North, Range 67 West; thence North 10°30'East along the West line of Section 2,Township 5 North, Range 67 West for a distance of 98 Feet;thence South 56°24' East for a distance of 935 feet; thence on a curve to the left, with a radius of 805 feet, for a distance of 464 feet; thence South 1°00' West for a distance of 10 feet; thence South 89°00' East on a line parallel to the South line of Section 2,Township 5 North, Range 67 West for a distance of 1276 feet, more or less to a point 40 feet North of the SE corner of the SW/4 of Section 2, Township 5 North, Range 67 West; thence South for a distance of 40 feet, more or less, to the beginning point; containing 3.94 acres, more or less. TOWNSHIP 5 NORTH-RANGE 67 WEST, 6TH P.M. Section 2: All that portion of the following described strip of land in the SW/4 of Section 2, as described in that certain Deed Without Warranty dated June 9, 1972, recorded in Book 672, Reception Number 1594335, more particularly described as being 100 feet in width having 50 feet on each side of the following described centerline; Commencing at the Southeast Corner of said SW/4;thence South 89°08'24" East along the South line of Section 2 for a distance of 233.32 feet to point of beginning; thence North 1°20'East 1727.35 feet;thence along a curve to the left, having a radius of 588.88 feet for an arc length of 293.78 feet; North 27°15'West 320 feet; thence along a curve to the right; having a radius of 1102.18 feet for an arc length of 298.17 feet; North 11°45' West 80.18 feet to the intersection with the North line of said SW/4. The exterior boundaries of the easement are lengthened or shortened, as the case may be, to coincide with the East line of said SW/4 of said Section 2 on the East, and the North line of said SW/4 of said Section 2 on the North, containing 0.32 acres, more or less. Said Oil and Gas Lease containing 4.26 acres more or less. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO e ATTEST: Ih? pitithn 1✓A L'. Weld County Clerk tot Board \ 1 By: ( .t.s.�� � 05/a1o/>3�� d/Cdr .J�Z I 5 LESSEE: ESSALK ENERGY, INC. BY: Gerald D. Klassen. President B 1384 REC 02334674 05/27/93 16 : 23 $0 . 00 4/004 930 , E F 2120 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO NESSALK ENERGY, INC. ^: c 1615 California, Suite 702 Denver, Colorado 80202 (303) 825-5263 May 10, 1993 Weld County, Colorado Clerk to the Board P.O. Box 758 Greeley, Colorado 80632 RE: Offer to Lease - Small Tract Weld County Oil and Gas Lease Dear Sirs: Enclosed please find an original Weld County Oil and Gas Lease and our check in the amount of $210.00 to cover the $200.00 Bonus and the $10.00 Filing Fee. The lands contained in our offer to lease are less than 5.00 acres, and are being submitted on your newly adopted "Small Tract" Lease form. Also enclosed are copies of the vesting deeds in which Weld County acquired it's mineral interest under subject lands. We would appreciate your prompt attention to this matter, If you have any questions, please do not hesitate to call us collect at (303) 825-5263. Thank you for your cooperation. Sincerely NESSALK ENERGY, INC. David e. Gremel Landman DCG/ss Enc. #728 930466 n , 1.tJ.: , ✓J.L ` OUIT CLAIM OftG-_The Trl' •, Greeley. Colorado `�'`C-_ 3-2 -7 r J RaceOllon Na. I 41984 I QUIT-CLAIM DEED OhiB Bub. Made this26th day of May • in the year of our Lord one thousand nine hundred and36 , FROM Arletta Russell BETWEEN Arletta Russell ,' - 'Nell Coin t-I?, a quasi t aunicipnl corporation of the -- County of Lerimor and State of Filed for record at 4 fro'clock A M. Colorado, of the first part,and Weld %ounty, _Ili II 30 1936 . A. D. 19 a quasi municipal corporation, WALTF..R F. rf RlSS - 1 stilt= t;atltlq[i M[ 1nQEaof • 1, Clerk rtnd Rnrr imr3t� Colorado, of the second part: li WITNESSSTH, That the said part y of the first part,for and in consideration of the sum of 0 ollar and other valuable consido a tions less than One 1?undredDOLLARS, to the said party of the first part in hand paid by the said part/ of the second part, the receipt whereof is hereby confessed and acknowledged, ha s remised, released, sold, conveyed and QUIT- • CLAIMED,and by these present d+s r release,sell,convey and QUIT-CLAIM unto the said party of the second part,1/e /��c� d assigns forever, all the right, title, interest, claim • . and demand which the said part v of the first part has in and to the following described proper situate, lying and being in the County of .fe]d and State of Colorado, to-wit: That tart of the 3.r, of Sectio't 2, "'uwnnhip 5 North, Renge 67 "l?Ot ' of the 6th 1. , as follows, iii, inninr. et the SE corner of SW4 of • • iec. 2, 'i'wp. B :1. , R. 67 WY.; thence 11. 89° 00' 174, along the S. line of 1'1t of Sec. 2, '"wp. 5 R. , 7. 67 "!. , for a dinunnce of 1f39 ft.; the-toe, on a clown to tin right with a radius of 895 ft. , for a 11s s-irs of '-12 ft.; Ulence ro;° 241 '7. for a distance of !3Ji3 1't. , lore or leas, to n point on t:1-n "f. line of Sec. 2, Twpp. S ,L , 1?. 07 '1. , s•t td point hying 590.6 ft . t. lu° 3(3' 13. of the 3?S corner of Sec. 2, Twp. 5 il. , R. 67 HY.; tt.ouce ,i. 10° 3U1 E. along the W. line of Sec. 2, Twp. 5 ;?. , It. 6- b. tor a distance. of 99 ft. ; ti.ence S. St 841 ' ?,. for a distance of 935 ft. ; thence on a curve to the left, with a • radius of ?Oh ft. , for n I tstsnre of 464 ft.; thence 6. 1° 0t, .I. for a distance of 10 ft.; thence S. r39° 001 fi., on e line ;a renal to the S. line of r3 +c. 2, Two. 5 'I. , R. 67 S. for a distance of 1276 ft., more or less to a point 40 ft. North of the SE corner of the 1'7l of Sec. 2, 'I'np. 5 ';. , R. 67 IT. ; thence 3. for a distance of 40 ft. , more or lose, to the kmg,i netng point; conto inint' 3,94 acres, • morn or less. i i TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whc'soever,of the said part y of the first part, either in hityi ycljx,Jo the only proper use, benefit and behoof of the Raid part y of the second part,1 ts/ *man assigns • forever. IN WITNESS WHEREOF, The said part y of the first part ha a hereunto setlter hand and seal the day and year first above written. Signed. Sealed and Delivered in the Presence of 1 ate _ . _ . (SEAL) ` �``�``"` s .. (SEAL( ti 1��1t1ttJ2 tta..:__ . ... (SEAL) .. ._ __ _. . . .__ _..___.. ... ...._.. .._ ,SEAL) STATE OF CO DRAM), 88. COUNTY OF.. •vf .Sd_.. I, ( - `���� a Notary Public in and for Rai aunty, in the State afore- • said, do hereby certify that Arletta Russell, who is personally known to me as the person whose name is subscribed to the annexed Deed,appeared before me this day in person, and acknowledge t that she signed,sealed and delivered the said Instrument of writing as her free and voluntary act,for the uses sad purposes therein set forth. >24-4e24—. " —,,.mo�tt_ , a e tti.0 tinder my hand atutiotarial seal, this >24-4e f� �S„ Q� rR__. ,A. D. 1936 My commtaslasestes.''a 19- ( t • + ...J a n's .. 0 4' tiF' Ss//t.LL,fi 0 �� 1 ., r r d , r t N AY 49 ,�rKJ�'i'' on ,�' f . '-1 �.a)try`y ri C7ae /J • ` a•Jl r .. 1 6waalA D ma�.4 JUt_ '' t972 ,;• ref.t Yj � I 6 rry., . 7;�a _______.__,..stele,t wda I;a ^ 1 'Hann Y_ I 1./ WI WI? WARRANTY gyp.y� 4 . l'6.;:$0*?g'}''.: TDE UNITED STATES OF A6ffi RICA, acting by and .hrongh the n,, ,. � Secretary of the Interior, rioting by and thruagh the VI�« 14K 'l-fit Si P Regional Director, Bureau cf Outdoor Rocreatien, under and • ai:,•�4,ilh;R...1,1, pursuant Co the power and J•ut)or lay contained in the provisions CID ' 4•�7'"rt4 ;;; of the Federal Property and Administrative Services Act of kr4,T. ,nf� 1941 (63 St9t. 317) , as emend„d, and particularly as Branded , tli':yp «v. by Public Law 415, 91st Congress, and regulations and orders „�•l.L'$!, ,1';: 4) promulgated thereunder, h_reir after designated 'Grantor'a:,1.9 H, 9 9 1U ^,'`inft.er � for and in conaideration of tie perpetual use of the hero- ' ni3;; (matter described premises as and for public park and public it 74f.,;,,},; recreation area purposes by Weld County, Colorado, hs:m.ta4iter h •�• designated 'Grantee', doer by these presents, bar ain sell, re'4aaa 't? (" grant and convey without warranty, express or implied, to 'Y. °" "kJ''f,' Grantee, and to its successors and assigns, subject to !`"'+ r '""" the reservations, exceptions, restrictions, conditions and , . ! , t P G,'' S ,+ lir, ,ys covenants hereinafter expreeeel and net forth, all Grantor's .'j , )1 lY ,!���� right, title and interest in aid to the following describe.: w,:fi .r F" ,{- � .,.,, property. consisting of the fo.leVing h--^-4 bGG tract of land a �! ,)� :4 emu! ', f;' '),; ,i : containing 18.50 acres, more oe less, located in Weld Count„ s�� wPt• '�i . �,' Colorado: .: ' ne ,r J.. ;(+. A tract of land in *he RV 1/4 of Section 2, `•�' Township 5 North, tta:.gs 67 West, 6th P.M. , t r. a , ,. weld County, Colorado, being more particularly ({( ,, 4,; described as follows: Commencing at the 2„1` 1* South Quarter Corner of said Section 2; 4i.: 3.! ••,.''".e,ei! thence South 89.08'24' East along the South 4''fa.;I%'•<'"' lino of said Section Y for a distance of +; y' ,•V't c•it: fu' jl ..i,?k�+ 233.32 feet; thence aor.th 1'20' Met "3 '111 1877.35 feet; North 27.15' Went 525 feet; b ',04t. •} r North 11•45'West 230.18 feet to the y a� 6yr,;;1 intersection with the South lima of said +}�'f' Ir +d; NW 1/4, said point of intersection being a '� Ja,tJ ` ):j the point of beginning of said tract; a , 'k:i'l;;: South 80.57'15' East along the South , b` r�a+.: 7,0 line of said NW 1/4 fxr a 3istanoe of 41.79 t.rr1$�iAVI feet; North 00`15'33' West along the East +r]� �q� 1.?n Y i lint: of said NW 1/4 f)r a distance of • + y ." r 46.4? feet; North 11. 15' West 209.66 feet; eE . ' '}'f.. .4ct�i North 00.15'33' West 149,36 foot; �k ;i li '"� North 88.57'15' West I00 feet; South it..W6:-', .6, 00.15'33" East 1000 rest to the intersection t3�, i , .;i with the South line o ! aaii NW 1/4, thence if err '+->, ��,, South 88'57'15' East ,:.long said Routh line tA. i;t,tf ,kpa„r„ to the point of beginning, containing 10.50 ) l ^;t.0:$t:Fs�,�T' acres, more or less, together with improvements yT ,f., ni�A` ' and appurtenances thereon, subject. however, to ) � '4' ,it.t existing nasewenr.. far l,,I,!i^_ roads and inhwa;-s, v� .. 4 i''. public: utilltidc. railroad* nni nireiin J p, d: ,, ":WO672 A ;i ' , 1534333 ,Sa 2r.: tx T 2 '4d0, k•;3o together with the ieprovesente and appertenanoes, if any, i �+ ,',,., i,t ' 7. f4' fd. ro 4, • existing or constructed thereon. _ � - _- V And Grantor does by these presents sell, grant, transfer, goe, -' .4„, y�./a ,( 1` and assign unto Weld County, Colorado, exclusive, perpetual •• ;loci c..{'diyitP �;� i,)ice fir't a.•`[`N;,-i easements and rights-of-way to locate, construct, operate, •,..,,•,; ; t&41..:r� maintain, use, repair, patrol, replace and/or remove an access 'x #{1 r'4 road and overhead and/or underground electric power lints and r 'r.4.,;' .;:,t i :: : comsanlcation lines, together with the right to trim, cut, jt.rr.r,_ .,-,..,,:,..,:t .,, „t fell and remove therefrom all trees, underbrush, obstructions .6.1:. '14:• e•'_ end any other vegetation, etruetnres or obstacles in, over, • F , G ri', under, on and across the following described two tracts of land, yt, , a s; . designated Tract 101E and Tract 102E, located in Weld County, 94' ,=r0.;,W t- Colorado, to wits •: ' Al.,i+ ' 1kr °tq:- ar{f !_, i Tract 101E . ,li: '4 a ::.: All that portion of the following described A. : :. . x _, strip of land in the SW.1/4 of Section 2, t • 42,"-tF;', Township S North, Range 67 West, 6th D.M. , r;.l,j:, :,y. Weld County, Colorado,,being being 100 feet in .+h'A, •.f{.,, width having 50 feet on each side of the i1, 4r? :-+ •, following described centerline; Commencing 7•,4.4-a21„ :':eritti .: at the Southeast Corner of said SW 1/4; -„41,,4 4S.121;: thence thence South 89.08'34" East along the ; ,;•!,.` , °, South line of Section 2 for a distance of rc:S' ' 233.32 feet to point of beginning; thence Wt.* i.r +;:;:r•s. 1.,',,f •4y, ' .+ {,.;,: North 1°20' East 1727.35 feet, thence , 2 along a curve to the loft, having a radius ay. of 588.88 feet for an arc length of ." 4!' 1 , •�;z' 293.78 feet; North 27.15' West 320 feet; ;plc r' " thence along a curve to the right; having „� . ,{ ;: a radius of 1102.18 feet for an e^_ length ,, ' of 298.17 feet; forth 11°45' West 80.18 4h, •+. i ;:n .144y. feet to the intersection with the North line {. 40;,i of said SW 1/4. The exterior boundaries of Z ' ,;- .j {, the easement are lengthened or shortened, �"`�tr:el ks .; as the case may be, to coincide with tho W.it .94 ':;; t • East line of said SW 1/4 of said Section 2 h ;,t7,. .•!C-t: on the East, and the North line of said `K-r'4.-'' 9 Pfd t SW 1/4 of said Section 2 on the North, t }v, ;T+•s,:;, 4 containing 0.32 acres, more or lens. ip,.d ;;,} ri Ji� tAJW Tract 102E r' ty$a'{ '3 ,,.,. ,',• All that portion of the following described i 'r' r' strip of land in the E 1/2 of Section 2, ,•+°• WiF Township 5 North, Range 67 West, 6th F.M., `'•; �f4T AF •+ S'gy MY ^ ,, weld County, Colorado, being 100 feet in {r�Tik , "•l "i, width having 50 feet on each side of the• r , ' following described centerline: Commencing 1fat5�ti�,..y } `, a�' at the Southwest Corder of said East 1/2 ,,'"S's` 4 ."t" thence South 89°08'24" East along the South 2 , .. K.. 1 ,it line of said East 1/2 for a distance of °k� '• f .< .� !f • 2+�t.};:�� 233. 32 feat to point of beginning; thence �l ,,P;1(1,A North 1°20' East 1727.35 feet; thence along K,I�Gj p30 �, r�'f fi ,l' `s `\ , i.d if ',, 1 4r: �i ,• i' .'eE!M 'a ( 1 � •; • J• ' k yyM14 1 , P /a, .• Vv- 1,P l.a tint. �• yam'."� r itify t I Y"aM,edl�t .AV' ". -fit X, p`n{,", r'• t, ,. BOOK tW`sty" ,'r,'•:c ! 672 1S94� - .4.444.0,- "I'' „ '.�! 2-3 ' r ;r� , :�r,1� ., •' , tt.+� JIiv 1k a curve to etc left, having a radium of ftiltr; ?R�. '1( C 580.88 feet, for an arc length of 293.78 L9C4i1kti+�t :9.; �il`�'}r feet; Worth 27'1S' Vest 320 feet; thence 4A„ !' along a curve to the right, having a � yo i'' radius of 1102.18 feet, for an arc length t0.t„ f; i of 298.17 feet: North 11'15' Kant 200 va,4fiA :, *'yt feet. The exterior boundaries of the • i jiff.' •`�'".1� easement are lengthened or shortened, :0,W,•; s;: •I'iya1,11 as the case may be. to coincide with the ', 'ig r. 1.,3 South South line of said East 1/2 of Section 2 :'iii i•;A: f'- •.6 on the South, and the Hest line of said �ie'j,1`:'' '�'is East 1/2 of maid Section 2 on the Heat, 7 4 .r.1 containing 5.93 acres, micro cr lees. „•• y •'' .h{a;v {..,gam ,<<' :r� t r`'`.' S'•r, Reserving, However, to the Grantor and its seaignn '1 rv•.;,. ;4 all right, title and interest in and to all of the oil, gas, 7a. a and other minerals underlying the 'land conveyed, together 1a1yy, � 1, ai . 1 with the right of the Grantor and assigns to enter upon i 'b,°'" t. V.): /At : land at any time and prospect for and/or mire and remove 6, , jj "'C'n such minerals; And Subject to the following: 3,,1y'�'iMe a 'lt 1. If at any time the United States of America shall . ` r '- determine that the premises herein conveyed, or any part itiii; " 1 r f sin, m`it't • tt thereof, are needed for the national defense, all right, ¢7 * 1' "' title and interest in and to said premises, or part thereof ho-,tYs ''' ;-: 'fit determined to be necessary to such national defense, shall - . „ revert to and become the property of the United States of America. SAM- ,, r 2. All existing easements for public roads and highways, 'r' w'@n • public utilities, railroads and pipelines. in' Pursuant to authority contnine4 in the Pcdcral :roparty ;4x1 , and Administrative Services Act ci 1949, as amended, and ,1 , •iii applicable rules, regulations and orders promulgated t``HN•' w, 4A tts' ,.+iN� 4 thereunder, the General Services Administration determined the ;3• property to be surplus to the needs of the United States of ,y rf1 America and assigned the property to the Department of the pRR�ll��r (} . Interior for further canveyance to Held County, Colorado. • rat � yf,L;, It is Agreed and Understood by and between the Grantor and t? Y�ay r`iirs Grantee, and the Grantee by ita acceptance of this deed, does �• ,.ot. *• y rf �S b1 � �;1a acknowledge its understanding of the agreement, and does � �r� • , ,1••• ; covenant and agree for itself, and its successors and assigns, a . , '..A41 n,'i i cr•;�T'' forever, an follows: T .1. `�jfif rA d PM 3 9304t6 z, . .,,,„,,e: „or I+ C 4 { a t y y,try ),1 t� l WJ it ` + �r xc rP1 ' ( �i"72 1584335 ' i—di �^Irva r , ..r, 1. TZti. r>< .�s 1+fir ,l+ property shall be used and maintained for the • ';beet; public purposes for which it was conveyed in •�# Mr Yt perpetuity as .t,..g.TFa�,, set forth in the , program of utilisation and plan contained r w. $}* „c in the application, submitted by {,t�.'6•y++;�} the Grantee on December 31, r��d lil$`Y# }'.t ?:; 1971, which program and plan ma; be amended from time to y.. #L: eeee >tr ! time at the - +..at. rt IA D-:1'4.44 y:',4either the Grantor or Grantee, with �� +F the written concurrence .+•: :he other •r 441..i Putt, and such amendments xiege emit' shall be added to and become •reie `K+ s,fwipart of the original application.. %;• '� {`�' Zitit 1. The Gra:ttee shall, within 6 months of the data of rn+y. #, 1.1:,4 the deed of conveyance, erect and maintain a g ;;), permanent sign 1, f4`[ 1 or marker near theg�j # � point of principal seises' to the conveyed " !:: =:tia•y<:e area indicating that the property is a park or recreation ei to area and has been acquired from ;e r r., 9 the Federal Gower nent for use tb1t.pi by the general public. ?? v114:! 3. k1 a' The property shall ntt he sold, leased, assigned, or .gti? ` otherwise disposed of except to another eligible governmental >" 3 `?, agency that the Secretary of the Interior agrees in writing - t1� A4-da�.:;rt +;: can e �-,•, rM.tassure the continued use and maintenance of the property 7. + y-1:.,r;+ for public park or public?, recreational P purposes subject to " "� +�s'?�'ft the same terms and conditions in the original instrument ofMILS ;;kt!'"e'r conveyance. However, 4. nothing in this provision shall preclude %�1.3t . the Grantee from providing related recreational facilities . ht� i'4 ea and services compatible with the..approved applicacion, through , r{; '^ '!t: concession agreements entered into with third n . 'e4l• g parties provided -• *,+,�.� . A''+'iki4r prior concurrence to such a , �''`'�'' .N agreements obtained in writing + v5Ak + 4 - Le is + j+" ,( ro from the Secretary of the Interior, ( k..da y�r tL+' .t�i;� 4. From the date of this conveyance, the Grantee, its N ' ,;},,n 1, ,•R;[ a'iccesoore and assigns, shall submit biennial `, reports to the 1{ v'47 Secretary of the Interior, setting forth the use made of then. et. :%; property during the preceding two-year period, and other 'gyp . kiii pertinent data establishing its continuous uae for the 1�` i,.. purposes set forth above, for ten conuecutive .repor.te and as Via :i e y�r fra further determined by the Secretary of the Interior. 1e, kee ;d:8. .. ..i , ,, 930466 'a .k .(4..: 4., (,!" !' C Y ++ tla ,; I .. , '..., 1 VI fr. ' ' :!'!...-anth-411!*1ft : ' ' �0.. 1 to !tl+ yd, .:)tip Ku( i aA � ti ha ti t y 672 . 1 ., ,�»"ti(t?i I .,c ! 1594335 / : a jr xk i .7 S. As part of the consideration for this Deed, the 1t, Grantee covenants and agrees for itself, its successors .n# C:q, and assigns, that (I) the program for Or in conneation with a' ) . 1,1,41 ?. which this Deed is made will be conducted in compliance with, ,7,it';,tilt.P< and the Grantee, its successors and assigns, will comply ¢''k`a? glfrriS 1!gi^5 with all requirements imposed by or pursuant to the rG�4lata.:aA 1a ,�.. x t t., ;:b.,,;:•;•4,�p of the Department of the Interior as in effect on the date of ',So uit },,;.m. ,,:,,,t}'l',' X�,t this Deed (43 C.P.R. Part 17) issued under the provisions of t�.t<+j. i� ' r1: A 4i • Title VI of the Civil Rights Act of 1964, (7) this covenant • :ter 7e +, )?�,; shall be subject in all respects to the provisions of said a (1 J' <Is'' tyr,�; regulations; (3) the Grantee, its successors and assigns, will ;0jkip#= 44:%:4 .,eri�a.,r;? promptly take and continue to take such action as may be 'L7,%itinecessary to effectuate this covenant; (4) the United States +} LL}{ ' ail ,}. of . ( . shall have the right to seek judicial enforcement of this 1I `(9r` �5- .f ' ,kti ^e"r•, covenant; and (5) the Grantee, its successors and assigns, .kiS4 or•(u ... ,:iii.,,,.,. x'' will (a) obtain from each other person (any legal entity) who, ?$�7��'IY� "'�`'� .' through contractual or other arrangements wi!:h the Grantee, its rlig successors or assigns, is authori4d to provide services or qtr Larafila ,;,wet 'TM+•—' said program, a written tgreamont pursuant to hf aa4tie which such other person shall, with respect k��''"r to the services or J F benefits which he is authorized t:o!provide, undertake for himself the same obligations as tdwee imposed upon the Grantee, t141,41 1;` a"''y f:.{�, its successors and assigns, by this covenant, and (b) furnish Tpt." ;- a7.(. � ,. a_cop}• ol, such agreement to the iearatary of the Interior, or � r , . his successor; and that this covenant shall run with the land ";«{t tt,.'L.4,, �r.u). '.�� hereby conveyed, and shall in any event, without regard to ,•1' , ts4�•,' 44Y•f '». C�gAi `"') » 1.' technical classification or designation, legal or otherwise, Argyll bo binding to the fullest extentby f ) 1�7 .. permitted law and equity forVigil: Wittr04 r ' the benefit of, and in favor of the Grantor and enforceable by 44441 a ' 6 }' � tA f Ir the Grantor against the Grantee, its successors and assigns. F,,! <..: , '!� (, 1 cm 6. . In the event there i■ a breach of any of the conditions t : h! by r Ki; and covenants herein containedthe Grantee, its successors and 4 N�ht l0 4:Yii: � y11�. ,r.e. •,! SAthe legal or other inability of the `v?'.L�;A yy4t � t{( assigns, whother caused by .yip a ,q)r • 'Grantee, its nuccessors am! .tanager, to ;et `err., said conditions 7 CiSS..F,^.7' : .. WAWA 930466r th=: - : . , riL ;IT a u; ,:1 l e.,.. y {{ r 11524335 6 ii a: 1. N.4 and covenants, or otherwise, all right, title and interest ' !�`� ' Y * N g-eAa • in and to the said i Ii ;;, premises shall revert to and D¢sam,e the t+, C 0,1' ,� property of the Grantor at its option, which in addition to r � ,`--' breach shall have the right of all other remedies for such Y i yr C-0. 4}g 17v `hAgh entry upon said premises, and the Grantee, its auaaeasora 1611?..:.* hr "'t ' and assigns, shall forfeit all right, title and interest in v Y ti't A1114'' !"' •ty said premises and in any and all the tenements, hereditament. and a g„�,•-; r,�,.',� appurtenances' thereunto belonging: provided, however, f•,^,�<bk it"4:11e that the failure of the Secretary ry of the Department of the t N�{H, Interior to require, in any one or more instances complete ;' {ro ,f� IOW,r •a,y..,, performance of any of the conditions or covenants shalt not .Lr., a` 16 atri- be construed as a waiver or relinquishment of such future t ' 'S vF . 7e y• performance, but the obligatio{, of the Grantee, its successors efq,..4*,`,YY�. and assigns, with respect to such future performance shall OF ' continue in full force and effect. f? K ' < r ):,:T.'4.1 d, IN WITNESS WHEREOF, the Grantor has caused these presents rE t� `�"` "1s.y'' �t , to be executed in itu nave and on its behalf this the !?F' 1 cti.g0* el „tie day of ___. t47.. 19 Z . v1 ✓ , t ttk'Fr..i: --r , 'yyF } L. . Y..3.. .[ �r•a;• S: V UNITED STATES OF iHMRacA "•3,;?,y:� ,Acting by and through the f W " Secretary of the Sntari;7r r; ser (Fred." Y L.� v :.h' 1pery[o 1 D .rector,"slid-Contiaertk' `M„ ..1'�Sitit Rea on a ar 'Y 4 nyMYr,.. Burea of Outdoor Recreation 'f hCKNOWLEDGKENT 1 n 1 &TATS OF a..e.,Ti ct.t� 3 )es ,�. -� 4� COJiiTY OP �,� .zit ) T / ` ('Fl '�h TIt i} On this A• day of h.�F.' .-�...t.C. , 19 jam, before � S. +t+�'s• no the subscriber, personally a e. ,a , ;, p Y appeared cr m t ,Teeltig« Le:- _c_f , to me known and known to mu to be the ,r+;S�r' Regional Director, Hid-Continent Region, Bureau of Outdoor ' Recreation, of the Unitud States Department of the Interior, •� +1.,,7 s yovernmuntul agency of the United States of America, and ��; r.;rt M � pr: known to me to be the same perecn described in and who t. i! �� executed the faro doing inntaua{ent. co mach Regional Director `, y ,�.thr aforesaid, as the act and deed of the United States of Amaric,3, 11`'k' �st ta..aea.'� t5iv`:' 6 X046 •.. , r<i* f,r rf f JyJ f ... c.;_‘.4. r +„ + tet' Y # i,F{Yt i�ivv ' S ?? 672 G•` 'I i r. 4J'' • for and on behalf of the Secretary of the Interior, duly vtct r designated, esapovured •and authorised so to do by said ' Secretary, and he acknowledged that he executed the fore- • '"q{r�.Y '.y. going instrument for and on behalf of the United States of ) "' ..[ 'i}ca, for the purposes and uses therein described. •••Hy Commission Supireat , 4;vftn; :.;. rr `/� .,sa sly N 7y ir.r `°�' The foregoing conveyance is hereby accepted and the14 � . undersigned agree, by thin .::ceptanca, to assume and be bound A`' J by all the obligations, condition., covenants and agreements r3 srr a therein contained. dal y�}f r BOARD OF COUNTY cOit4lsstONEns I` WELD COUNTY, COLORADO " i. #i / // - � , , / + 'YR l jti AC 1WOh..;...DO?IgNT 440 S .,,; STATE OF 4pC_- i ale ) i•yit u,::i• rs� ) 8s :• t4 .54' ':Rz et yt COUNTY OF tUA ak ) d,.ti e ya 1 E a • t r . On this / ../ day of I _.be n-c-- , 19 72 , Si}, / „may before me,::: undersigned o fiver, personally appeared '. +., loss.. ,�/I' / t3`,T. 44,,o -0� �C71 nl ff e r 'Les, of Li+.ALt.../ _. , and 1 are �.� l 'j-' ✓! .7.0'..Y.94,111, //1/14.,Afat- Pi (�(�, I e el to"me known and known to me to l'eails x4. •14:1F2V be the same persona whose names are subscribed to the foregoing ^; 1i.''!js. i acceptance, who being by me duly sworn, did depose and say ,.(a4J ffiS;, 'j"".'a,��:,,ia. lCommissioners, p�._.Je that the are the members of the Hoard of County •t • -4 5, ).fc , 141:•}0,1.i laelt: County, Colorado that they are Ally designated empowered 4140315 .' ';.J and ruthori,:eti by a resolution adopted by the Board of County '0,4; ,, cj Commissioners cn Drcxaat•er 29. 1971, to execute the. foregoing f;: f Y: �" 30466 J fin.. IN„({(P1�f n ,��r FL�v i ' y 11 ,*, i? r�,+.;.:A. fit:, '1i 1lt �.i i e: • I • • d 1Yi 1rr12 'IV • '14 il ptt °�S 6?" 1524335 r, aoeeptnnee and sign their names thereto, and that they 71 signed their names thereto and acknowledge that they erecutsd ,,-.1 the foregoin g instrument for and on behalf of Weld County, a <: Colorado, for the purposes and silos therein dascribod. 'Fri\ • Ik'l2r,s \ o ary P [,� m i r''` 1 �4H�' aceion ExIon tpiress " ,4:\ \• ' rzi . ._J3, 39]5. fi.urti e u figs FFA>�,r r r.414 . }g T) 3�T c ' . jiNl. I ₹bra 5:fJ,: yi u 't1. ��F 41 1 „ 91:.ri ,4 ' " d4t1„ oit • s' 1�fit i{ ?CI i •".4. \ , � rt •it rVr t. .41• , `ii . ., t{ � ,. , sib . /'tAi+f•I tipi:vit.." ayxFjl} NBC rt • YNA Ly.�',Y•rpm n y r .930466 ' ill • xi. x�;. 1^ gip^ 4t j�'. d'. f o ti )' , r ,insr�` j Fl�Fkt}J14'1419� , .d ,i,,,,,,,,,,,) ,,,,L)-+.,),e ,, t 4 1 x ,, l' s N M ;441/4'4444;)1,1'.! v• '. , / i „ 5, fi ..r ft 1fil1r Jlt' Ifl 1. 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