HomeMy WebLinkAbout911585.tiff- .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
uniformly mixed such as to preclude the formation of lenses of material
differing from the surrounding material. All clods shall be broken into
small pieces. The contractor shall construct the fill in approximately
horizontal lifts extending the entire length of the fill. The thickness of
the layers before compaction shall not be greater than eight (8) inches.
Fill being placed on slopes or hillsides shall be benched into the existing
slope. A minimum two (2) foot horizontal bench shall be cut into the
existing excavated slope for each four (4) feet vertical of fill, or each lift
should be benched slightly into the existing grade.
MOISTURE CONTROL
Prior to and during compaction operations, the fill material being
placed shall be maintained within the range of optimum moisture specified.
A general recommendation is to maintain the fill material within two
percent (2%) plus or minus of optimum moisture so that proper compaction
to the specified density may be obtained with a minimal effort. In
building pad and paved areas, material exhibiting swelling potential shall
be maintained between optimum moisture and two percent (2%) wet of
optimum moisture content. The moisture content of the fill material shall
be maintained uniform throughout the fill. The contractor may be
required to add necessary moisture to the fill material and to uniformly
mix the water with the fill material if, in the opinion of the geotechnical
engineer, it is not possible to obtain uniform moisture content by adding
water on the fill surface. If, in the opinion of .the geotechnical engineer,
the material proposed for use in the compacted fill is too wet to permit
adequate compaction, it shall be dried in an acceptable manner prior to
placement and compaction. Uniform mixing may require discing, blading
or other methods approved by the geotechnical engineer or his
representative.
Adjustments of moisture content shall be made on the basis of
determinations of moisture content by field tests as construction
progresses.
COMPACTION
The contractor shall furnish and operate the necessary types and
kinds of equipment to perform the operations required to obtain the
specified compaction. This equipment may include approved tamping
rollers, rubber tired rollers, smooth wheeled rollers and vibratory
rollers. If a sheepsfoot roller is used, it shall be provided with cleaner
bars so attached as to prevent the accumulation of material between the
tamper feet. Fill areas which are not accessible to full-sized construction
equipment shall be placed in maximum four (4) inch lifts and compacted
with power tampers to the specified density.
C-3 911585
El.0 A&"
A0 ZitrrA L-L)��� . ✓1 tte
Compaction should meet the minimum percentages of maximum density
as set forth in the project specifications or the recommendations of the
report. The contract specifications supercede the recommendations given
in this report.
MOISTURE DENSITY RELATIONSHIP DETERMINATION
Samples of representative fill materials to be placed shall be
furnished by the contractor to the geotechnical engineer for determination
of maximum density and optimum moisture or relative density. Sufficient
laboratory moisture density or relative density curves will be made to
determine the optimum moisture content and maximum density for the
various soils placed as fill. Tests for this determination will be made
using the appropriate method conforming to the requirements of ASTM D
698 (Standard Proctor) , ASTM D 1557 (Modified Proctor) or ASTM D 4253,
D 4254 (Relative Density) . The materials used for fill shall be classified
in accordance with ASTM D 2487 in order to permit correlation between
the moisture density relationship data and the material being placed and
compacted. Copies of the results of these tests will be furnished to the
client and others as directed by the client. These test results shall be
the basis of control for all compaction effort.
FIELD DENSITY AND MOISTURE TESTS
The in-place density and moisture content of compacted fill will be
determined by the geotechnical engineer or his representative in
accordance with ASTM D 1556 (sand cone method) or ASTM D 2922 , D
3017 (nuclear methods) . Material not meeting the required compaction
and/or moisture specifications shall be recompacted and/or moisture
conditioned until the required percent compaction and/or moisture content
is obtained. Sufficient compaction tests shall be made and submitted to
support the geotechnical engineer's or his representative's
recommendations. The results of density tests will also be furnished to
the client and others as directed.
C-4
91.0/7:3
Mineral Ownership:
Ralph H. Green and Mary L. _Green, h/w (1000
2130 16th Street
Greeley, CO 80631
Oil and has Leasehold Ownership:
Barrett Energy Company
1125 17th St. , Suite 2100
Denver, CO 80202
Note: The subject property (Sec. 25: SE/4SW/4) is producing oil and Dr gas in
paying quantities as evidenced .by an Affidavit of Production dated April 18, 1985
and recorded on April 24, 1985 in Book 1066, Reception No. 02007040. This land
was pooled with the SW/4SW/4 Df Section 25 as evidenced by Declaration of Pooling
dated November 25, 1985 and recorded on February 19, 1-987 in Book 1146, Reception
No. 02088919. The effect of the pooling agreement allows for joint production by
the Lessees of all lands in the S/2SW/4 of -Section 25. The following is a list
of the pooled leasehold owners.
Barrett Energy Company
1125 17th St. , Suite 2100
Denver, CO 80202
Zenith Drilling Lorporation
address Lnkown
Aldarado Resources Limited
address unkown
Four Quarter land Co. , Inc.
c/D Shupp Brothers Trucking
P.O. Box 929
Greeley, CO 80632
NAME. IF OWNERS OF PROPERTY WITHIN 50L , EFT
ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL
NAME STATE AND ZIP CODE IDENTIFICATION #
Radio Inglstad 7766 Lochmere Terrace #0182489
Colorado, Inc. Edina, MN 55435 (0959-25-0-D0-056)
c/o Thomas Insisted
(17.89 acreS)
Ralph H. Green -2130 16th Street #0182589
(46. 11 acres) Greeley, CO 60631 (095.8-25-0-00-0-57)
Surface Lease:
Associated Natural 370 17th St. , #900 as to 28.76 acres
Gas, Inc. Denver, CO 80202 of above PIN #
Anders W. Anderson 2208 20th Ave. #0087587
(211 . 10 -acres) Greeley, DD 80631 (0959-25-0-00-055)
Four Quarter Land P.D. Box 929 #2630386
DA. , c/o Shuppe Greeley, CO B0632 (0959-25-0-00-015)
Bros. ?rucking
Wass Investments 1221 8th Ave. #2630486
c/o Sears Investment Greeley, CO 80631 (0959-25-0-00-043)
(231 .0-5 acres)
Larry Sey and 2837 W. 49th Street #2631386
Jan Dale Curtis Greeley, CO 80634 (0959-25-4-00-001 )
(15 acres)
Central Weld Water 1051 8th Street #2733086
Dist. Greeley, CO 80631 (0959-36-0-00-030)
J E R P.O. Box 929 #2752486
(10 -acres) Greeley, CO 80632 (0959-36-0-D0-026)
Elmer Lundell 1770 25th Ave. #2752586
(mobile home) Greeley, CO 80631 (Same Sched. # as above)
Fujio & Betty E. 2930 49th Street #2752786
Ishigure Greeley, CO 80631 (0959-36-0-00-028)
(39 acres)
Clifford E. and 2626 W. 49th Street #2752-886
Shirley J. Baker Greeley, CO 80631 (Same Sched. # as ebdve)
(mobile home)
Hill & Park P.O. Box 929 #2752686
Sanitation Dist. Greeley, CO 80632 (0959-36-0-00-027)
(30 acres)
Richard E. -and P.O. Box 206 #27-47686
Willa R. Warehine Evans, CO 80620 (0959-3a-0-00-002)
( .75 acres)
Qi-01(.-'
Marion Ray and 361D 49th St.
Sandra Kay Hanes Greeley, CO -8-0634 #'747786
(. 7-5 acres) (0959-35-0-00-023)
Clarence R. and 3630 49th Ave. #2745786
Darlene Vaughn Greeley, CO 80634 (0959-35-0-00-021)
(. 133 acres)
Harry H. and 6D1 8th Street #2747886
Margie Schank Greeley, CO 80631 (0959-35-0-00-025)
(4 acres)
Harry H. and -601 8th Street #2748186
Thomas D. Schank Greeley, CO 80631 (0959-35-0-0D-_033)
(128.50 acres)
Harry H. end Same as above #2748286
Thomas D. Schank (0959-39-0-00-034)
(-55.50 acres)
Henry F. Marcus 2229 12th St. Rd. #2748086
(4.25 acres) Greeley, CO 80631 (0959-35-0-00-029)
Merel T. Meyer 1419 15th Street #2686086
(98.50 acres) Greeley, Co 80631 (0999-26-4-00-D01)
Cindy Carol Haszier 3600 49th Street #2636586
(1 .00 acre) Greeley, CO 80634 (0959-26-0-00-024)
grisi.v ig .
T,
z� c4__osR7 08/14/87 fibL71—,
' 1` MARY ANN FEUERSTEIN 7n , R D39. 00 1/013
ER S RECORDER WELD CO-, CO
AR2L1U587
SURFACE LEASE AGREEMENT Ott 1Q/0!—
This Agreement is made this P.-/ day of f
1987, between RALPH H. GREEN and his wife, MARY LUCILLE GREEN,
hereinafter called "Lessor, and ASSOCIATED NATURAL GAS, INC. ,
hereinafter called "Lessee .
RECITALS
WHEREAS, in 1-983 Lessor leased to Valley Energy, Inc.
approximately 5 . 28 acres, as more specifically described on
Exhibit "A" attached hereto and made a part by reference; and
WHEREAS, Lessee -warrants that it is the successor in
interest to Valley Energy, Inc. , concerning the rights, duties,
and obligations under the 1983 Lease; and
WHEREAS, Lessee constructed and is operating a natural gas
processing facility on the property described in Exhibit "A" ;
and
WHEREAS, Lessee desires to lease from Lessor an additional
5 . 098 acres, more particularly described in "Exhibit "B"
attached hereto and made a part by reference, which property is
located west and adjacent to the property described in
Exhibit "A, " in order to expand its natural gas processing
facility; and
WHEREAS, the parties desire to enter into a new lease
covering both parcels described in Exhibits "A" and "B"
attached hereto; and
WHEREAS, this new lease will supersede the lease entered
into in 1883 covering the _property in Exhibit "A" and will be
on the terms and conditions set forth herein but will cover
both parcels described in Exhibits "A" and "B. "
NOW, THEREFORE, the _parties agree as follows;
1 . Recitals . The above recitals are incorporated herein
by reference thereto.
2. Grant of Lease .
•
A. -That for and in consideration of the rentals,
covenants, and agreements herein contained to be paid, kept,
and performed by Lessee, Lessor does hereby lease, demise, and
let unto Lessee, the surface estate only in and to the lands
and premises situated in Weld County, Colorado, more fully
described in Exhibits "A" and "B" attached hereto and made a
part hereof for all purposes, which lands are -hereinafter
referred to as "leased premises . "
OF/14/87 10: " 7 X39. 00 2/013
/ F 199F 'AF ANN FEUERSTEIN CLERK 2E RIDER WELD CO, CO
// B. Said lased premises are hereby leased, demised,
and let unto Lessee for the purpose of Lessee ' s constructing,
operating, and expanding a natural gas processing facility on
the leased premises .
3 . Term of Lease.
This Lease shall be for a term of twenty ( 20 ) years,
referred to as the lease term, commencing on the 1st day of
September, 1987, and ending on the 31st day of August, 20x7-,
subject, however, to earlier termination as -hereinafter
provided.
4 . Rental and Adjustments to Rent .
A. Rental . The rent shall be adjusted at the end of
each five ( 5 ) year term of the lease_. The annual rent for the
first five ( 5) years of the term shall be Six Thousand Five
Hundred and no/100 Dollars ($6,500 .00 ) per year, payable on the
1st day of September of each year. Lessor will refund to
Lessee One Thousand Two Hundred Fifty and no/100 Dollars
( $1, 250. 00 ) for prepaid rent for property described in Exhibit
"A" for the period from September 1, 19D7 to February 1, 1988 .
B. Adjustments to Rent. Each five ( 5) years the
rent shall be adjusted according to the percentage increase or
decrease in the -Consumer Price Index, except that the rent
shall in no event be less than Six Thousand Five Hundr=ed and
no/10O Dollars ($6, 5D0 .00 ) per year_ The Index referred to is
the Price Index for rental of commercial property promulgated
by the United States Department of Labor in its publication,
"The Consumer Price Index for all Urban Consumers. " The rent
shall be increased or decreased at the beginning of each five
( 5 ) year period of the lease term by that number of percentage
points determined by obtaining the difference between the
Consumer Price Index for the last month of the preceding five
( 5 ) year period and the first month of such period_. Such
difference shall be converted into a percentage and the rent
shall be increased or decreased by such percentage subject to
the limitation that the rent -shall not be less than Six
Thousand Five Hundred and no/10D Dollars ( $_6, 500 .00 ) per year .
Lessee will pay as additional rent any increase in
taxes and insurance, as provided in paragraph 5 .-H.
5 . _General Provisions .
A. Lessee may erect such buildings, improvements,
fixtures, machinery, and installations on the leased premises
-2- � L1 Mj"Y
B 1166 P-C .10587 08/14/87 10: _
39. 00 3/013
F 1999 i dY ANN FEUERSTEIN CLERK & kkECORDER WELD CO, CO
as may be necessary or convenient in accomplishing the purposes
of this lease.
� / B. Lessee shall have free use of water extracted
from wells which Lessee may drill on the leased premises . In
the event Lessee should drill any such water well on the leased
premises, such water well shall become the property of Lessor,
without charge, upon the expiration or termination of this
lease.
C. It is contemplated that it may be necessary or
advisable to obtain utility services to the leased premises .
Lessor expressly authorizes Lessee to grant utility easements
over or within portions of the leased premises to serve the
leased premises during the lease term without the joinder of
Lessor.
D. Lessee contemplates the laying of one or more
pipelines on the leased premises, and Lessor shall be entitled
to no additional compensation for the construction of such
pipelines . Lessee is granted the right to install any such
pipeline on the leased premises, either on the surface or
beneath the surface, as Lessee may elect. It is further
contemplated that such pipelines will extend from the leased
premises onto adjoining lands of Lessor, and Lessor agrees to
execute easements for such lines on as favorable terms to
Lessor as may be provided in easements acquired by Lessee from
third parties for the same pipeline, and for such easement
Lessor shall be entitled to reasonable compensation not to
exceed, however, the highest price per rod paid to third
parties, outside of condemnation, for easements secured for the
same pipeline . The location of such pipeline easements shall,
however, be subject to Lessor ' s prior written approval .
E. If Lessee is not in default in the payment of
rent or in the performance of any covenants or agreements of
this lease, Lessee shall have the period of one hundred eighty
( 180 ) days after the termination of this lease to remove from
the leased premises all buildings, improvements, fixtures,
machinery, equipment, and installations which Lessee may erect
under the terms of this lease . Any such property not removed
within said one hundred eighty ( 180 ) day period shall become
the property of Lessor, if Lessor shall elect to accept same.
Any such property which Lessor shall not elect to accept may be
removed from the leased premises by Lessor at the expense of
Lessee, and Lessee shall reimburse Lessor for all costs of such
removal . Lessor may sell such property at such price as they
deem advisable and shall apply the proceeds against the costs
of sale and removal .
i
F. Lessee shall pay or cause to be paid all charges
for utilities which Lessee may use on the leased premises
throughout the lease term, including any connection fees .
Ez4
4 /013
LOC . :'-d711 + .:ER5T ;IV CLERK & RECO”DER WELD CO, CO
• / `.
G. Lessee will fence that portion of the leased
premises enclosing Lessee 's processing facility. Any fence
constructed by Lessee shall be of good and sufficient character
capable of turning livestock of ordinary disposition, and
_Lessee will maintain such fence in a good state of repair
during the lease term. Lessor reserves the right on
termination of this lease of requiring Lessee to tear down any
fence so constructed or retaining the same for Lessor ' s future
use and benefit. The fence constructed shall be subject to the
provisions of paragraph 7 .E. hereafter.
H. Lessor agrees to pay promptly when due all
property taxes levied and assessed upon _Lessor' s interest in
the leased premises, and -Lessee agrees to pay promptly when due
all property taxes levied and assessed upon -Lessee' s interest
in the leased premises including, but not limited to, those
levied and assessed by reason of improvements, structures, and
installations placed on the leased premises by Lessee .
Additionally, Lessee agrees to pay a pro-rata share of any
increases in Lessor 's taxes and insurance effective during the
term of this Agreement. If Lessor fails to pay taxes
chargeable solely to Lessor 's interest in the leased premises
when due, -Lessee may, at its option, pay Lessor ' s taxes
attributable to Lessor 's interest in the leased premises and
deduct said payment or payments from rentals due or to become
due unto Lessor hereunder .
I . Lessee shall effect and maintain casualty
insurance for the leased property as well as liability
insurance with Lessor named as additional insured. Coverage
limits shall be with the minimum amount of One Million and
no/100 Dollars ( $1, 000, 000 . 00 ) for injury to one person and not
less than Two Million and no/100 Dollars ( $2,-000, 000 . 00 ) for
injury to more than one person, and Five Hundred Thousand and
no/100 Dollars ( $500, 000 . 00 ) for damage to property. Lessee
shall furnish Lessors with certificates of said insurance .
6 . Assignment and Subletting .
Lessee may assign its leasehold estate in its -entirety, or
sublet the same to others, for the purposes herein expressly
authorized . It is agreed, however, that any such assignment or
subletting shall be subject to the obligations to Lessor as set
forth in this instrument and shall not release Lessee from its
obligations hereunder .
-7 . Compliance with Law and Indemnity .
A. In conducting its operations hereunder, Lessee
shall fully comply with all applicable laws of the United
States of America, the State of Colorado, and any other
governmental body having jurisdiction .
—4-
Q1.Vtty3
13
F 2001 MARY I FEUERSTEIN CLERK J& REC^T2� 32 WELD CO, CO
B . Lessee shall -hold Lessor harmless from and
-against any and all loss, damage, or claims of whatsoever
nature or character occasioned by or arising out of Lessee 's
operations under the terms and provisions of this lease,
including attorney fees .
C. Lessee acknowledges that _Lessor has advised
Lessee that the .property owner to the north of the leased
premises has rights to run their waste water onto the leased
premises, and Lessee expressly agrees and warrants that it will
not do anything -with the leased premises that would rause any
problem in connection therewith, and should any problem arise,
Lessee agrees to direct any waste water into a barrow pit or to
the irrigation ditch or onto land lying west of the leased
premises and, in connection therewith, agrees to indemnify and
hold Lessor free and harmless from any loss, damage, or claims
of whatsoever -kind and nature or character arising therefrom,
including attorney and other professional fees incurred by
Lessor .
D. Lessee acknowledges that Barrett Energy has an
access road -which is located to the west of the property
described -on Exhibit "A" and crosses the property described on
Exhibit "B, " and Lessee agrees, at its own expense, to rebuild
and relocate the road to Barrett Energy 's satisfaction . _Lessee
accepts the full responsibility and expense for negotiating a
new access road -with Barrett, and Lessee shall hold Lessor
harmless from and against any claim from Barrett and against
any loss, damage, or claim of whatsoever nature or character
occasioned by or arising therefrom, including attorney fees .
E. Lessee acknowledges that Lessor has leased land
( as described on Exhibit "C" attached hereto ) to R.G. , Inc. , a
Kansas corporation . The successor to R.G. , Inc. is Rainbow
Enterprises, Inc. , hereinafter called KFKA radio station
property . This property is adjacent to the north and east of
property described on Exhibit "B . " KFKA has radio station
towers constructed on the property it leases from Lessor .
Lessee has stated to Lessor its intention to construct a metal
fence around the leased premises and a metal tower 60 feet to
100 feet, and KFKA has expressed a concern that such a fence
and/or tower might cause interference with the radio tower of
KFKA and the use of its leased premises . Lessee agrees to work
with KFKA concerning this potential problem, and Lessee will
hold Lessor harmless from and against any and all loss, damage,
or dlaims of whatsoever kind and mature, including attorney
fees, arising from the construction of any fence or other
improvement which would interfere with KFKA' s use of its
property for generating and transmitting radio broadcast
signals and related operations of a radio transmitter site . In
no event -shall improvements or encroachments be made on the
land described in Exhibit " C. "
-5-
F. Lk. see agrees to compensate L .sor for any damage
of whatsoever kind or nature caused to Lessor ' s adjacent
' property arising from Lessee 's operations on the leased
premises. Lessee shall be liable to Lessor for all general and
special damage caused by its construction and operation
hereunder to property owned by lessor adjacent or around the
leased premises, including, but not limited to, tangible and
intangible personal property, real property, crops,
improvements, and all other damage which may arise out of this
lease and t-he exercise of the rights herein granted.
8 . Remedies Upon Default .
This Lease is made upon the following corrditions, to-wit;
A. That if , and whenever, Lessee shall default
hereunder by doing anything which Lessee covenants and/or
agrees herein not to do, or by failing to do anything which
Lessee covenants and/or agrees herein to do, or by £-ailing to
pay any installment of rent when due, Lessor may, at Lessor ' s
option, and at any time during such default, give Lessee
written notice that Lessor will declare this Lease terminated
if such default s-hall continue for a period o£ thirty ( 30 ) days
from and after the =Jiving of such notice by Lessor to Lessee,
and if such default shall continue for such period of thirty
(30 ) days after the giving of such notice by Lessor to Lessee,
this lease shall terminate at the end of such thirty ( 30 ) day
period without further notice or demand;
B. That if this tease shall be terminated by lessor
by the exercise by Lessor of the option given _Lessor and the
foregoing portions of this paragraph 8, Lessor shall thereupon
or at any time thereafter, and without further notice or
demand, be entitled to the exclusive possession of the leased
premises, without prejudice to any claims which lessor might
have against Lessee, including claims for arrearage of rent;
C. It is agreed and provided that the rights and
privileges given to Lessor in this paragraph shall be
cumulative of and without prejudice to any rights or remedies
given to Lessor by law to procure possession or to enforce the
payment of rent or the performance of the other covenants
hereof ; and
D. In the event any payments herein required to be
made by Lessee to Lessor are not made when due, the same shall
bear interest at the rate of fifteen percent ( 158) per annum
from the date payment is due until paid, and if any payment
required hereunder is in default and is turned over to an
attorney far collection, or if the same is collected by a suit,
Lessee agrees to pay fifteen percent ( 158) additional on the
amount due hereunder as attorney fees, or if no fixed amount is
due, then reasonable attorney lees .
-5—
11
Lb.ei .:A-nz A' cE0ERSTEIN CLERK & RECORD ' WELD CO, CO
9 . Force Majeure .
l
It is expressly understood ant agreed that if the curing
i of any default (other than the failure to pay rent) or the
performance of any other covenant, agreement, obligation, or
:1 undertaking herein contained is delayed by reason of war, civil
commotion, act of God, governmental restrictions, regulations,
or interference, fire, or other casualty, or any circumstance
beyond Lessee ' s control or beyond the control of the party
obligated or permitted under the terms hereof to do or perform
the same, regardless of whether any such circumstances similar
to any of those enumerated or not, each such party shall be
excused from doing or performing the same during such period of
i delay.
3 10 . Title and Warranty .
A. This lease is -subject to all easements and rights
of way of record as readily apparent from a visual inspection,
including easements to Central Weld Water District, and is made
and accepted subject to all valid and subsisting oil, gas, and
mineral leases and rights-of-way and easements covering the
leased premises, or any portion thereof, o₹ record, or readily
! apparent from a visual inspection of the premises .
! B . Except as provided in paragraph 7 above, _Lessor
hereby warrants and agrees to defend the title to the surface
estate and the leased premises and agrees that Lessee, at
Lessee ' s option, may discharge any tax, mortgage, or other lien
upon said land, either in whole or in part, and in the event
Lessee does so, Lessee shall be subrogated to the lien with the
right to enforce same and apply rentals and other payments
accruing hereunder towards satisfying same .
I11 . Governing Law.
The rights and duties of the parties under this lease
shall be governed by the laws of the State of Colorado.
I12 . Notices .
All notices required or permitted to be given hereunder
shall be deemed properly given upon delivering the same to the
party to be notified, or upon mailing the notice by registered
'I or certified mail , return receipt requested, to the party to be
notified at such party' s address set forth below, or to such
other address as the party to be notified may have designated
prior thereto by written notice to the other:
Notices to Lessor_: Notices to Lessee:
Ralph H. Green and Associated Natural Gas , Inc.
Mary Lucille Green PO Box 5493
2130 16th Street Denver , Colorado 80217
Greeley, CO 80631
-7-
_ J 0, 0587 03/14/87 10 : 37 9. 00
8/013•
F 2004 MAR- 8nN FEUERSTEIN CLERK & RE( :DER WELD CO, CO
13 . Inurement and Merger .
A. This agreement shall be binding upon and shall
inure to the benefit of the parties hereto and their respective
heirs, executors, administrators, legal representatives-,
successors, and assigns.
B. This agreement constitutes the sole and only
agreement of the parties hereto with respect to the subject
matter hereof and supersedes any prior understandings or
written or oral -agreement between the parties hereto respecting
the matters contemplated in this agreement.
14 . Conditions and Contingencies.
Lessee will apply and pay, at its own expense, for all
necessary building permits and authority ( if necessary) and
will hold Lessor free and harmless from any and all loss,
expenses ( including attorney fees ) , claims, or damages of
whatsoever kind arising out of this lease transaction and the
obtaining of necessary permits or governmental approval in
connection herewith. However, in the event Lessee is unable to
obtain the necessary permit ana approval to expand its
operation -and the plant, then this Lease shall be null and
void and, notwithstanding anything contained herein to the
contrary, the 1983 Lease will remain in full force and effect .
15 . See Addendum attached hereto and incorporated herein.
EXECUTED as of the day and year first above written.
'f71
WITNESS: /�/J, LESSOR-:
RALP H. GREEN
MARY 141LLE' GREEN, wife of
Lessor
WITNESS: LESSEE:
$0.7/4 GODOlf fd>"-i ASSOCIATED NATURAL GAS, I C. ,
By
• resident
STATE OF COLORADO )
) ss . :
COUNTY OF ,L�B�/ j� )
BEFORE ME, the undersigned, a hor ty, on this day
personally appeared ,. C2 a/ � � , as President of
ASSOCIATED NATURAL GA , INC. , known o me to be the person whose
name is subscribed to the foregoing instrument and acknowledged
-8-
1:t5 - i9 . 3 ; a ?9. r0 9/013
F 2005 MP ANN FEUERSTEIN CLERK & R' )RDER WELD CO, CO
/,' -- - .
to me that he executed the same, for the purposes and
. consideration therein expressed and in the capacity therein
atatad . =. Milk
-day UNDER MY HAND AND OFFICIAL SEAL this MilVday of
/ire , 1987.
dy �
Not Public
My Commission expires: /0707717
STATE OF COLORADO )
) ss . .
ODUNTY OF WELD )
BEFORE ME, the undersigned authority, on this day
personally appeared RALPH -H. GREEN and his wife, MARY LUCILLE
GREEN, known to me to be the persons whose names are subscribed
to the foregoing instrument and acknowledged to me that they
executed the same, for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER _MY HAND AND OFFICIAL SEAL this /5/ day of
�Li�c*si , 1987-.
Obtary Public
My Commission expires: /O - 3/ - ? 9
-9-
r `v >c y
P 1 : 66 Cy - 8/ -4/87 10:
� 00 10/013
F 20-06 .RY ANN FEUERSTEIN CLERF RECORDER WELD CO, CO
EXHIBIT •A• - -- -
LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 254
TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6TH P.M. , WELD COUNTY,
COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
1 COMMENCING AT THE SOUTH QUARTER OORNER OF SAID SECTION 25 AND
CONSIDERING THE SOUTH LINE OF SAID SOUTHWEST QUARTER TO BEAR
NORTH 90° 00 ' 00" WEST WITH AIL OTHER BEARINGS ODNTAINED HEREIN
BEING RELATIVE THERETO;
THENCE NORTH 90° 00 ' 00" WEST 940 .8-1 -FEET ALONG SAID SOUTH
LINE;
THENCE NORTH 00° 00 ' 0-0" EAST, 71-34 FEET TO A POINT ON THE
NORTH RIGHT-OF-WAY LINE OF -WELD ODUNTY ROAD N0. 52 AND THE TRUE
POINT OF BEGINNING;
THENCE NORTH 87° 08 ' 00" WEST, 321 .71 FEET ALONG SAID NORTH
:.., ' I RIGHT-OF-WAY LINE;
THENCE NORTH 89° 23 ' n
30 WEST, 140.57 FEET ALONG SAID NORTH
RIGHT-OF-WAY LINE;
THENCE NORTH 00° 36 ' 30" EAST
'II THENCE SOUTH 89° 23 ' 30" EAST, 430 .00 FEET;
WESTERLY BANK OF EVANS TOWN DITCH;
�00 FEET TO A POINT ON THE
THENCE SOUTHWESTERLY ALONG SAID WESTERLY BANK AS FOLLOWS:
SOUTH O1° 43 ' 25" WEST, 221 .01 FEET;
SOUTH 15° 04 ' 25" WEST, 87.83 FEET;
SOUTH 24° 54 ' 50" WEST, 149 .96 FEET -TO THE TRUE POINT OF
II BEGINNING;
SAID TRACT OF LAND CONTAINS 5-. 252 ACRES.
•
•
i.
I
i
!
\Jv
LEGAL DESCRIPTION
i , TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 5 NORTH, RANGE
// 66 WEST OF THE 6th P.M. , WELD COUNTY, COLORADO BEING MORE PARTICULARLY DESCRIBED AS
'1/4,/ ' FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 25 AND CONSIDERING THE SOUTH
LINE THEREOF TO BEAR NORTH 90° OD' 00" WEST, WITH ALL OTHER BEARINGS CONTAINED HEREIN
BEING RELATIVE THERETO;
THENCE NORTH 90° O0' 00" WEST, 940.81 FEET;
THENCE NORTH 00° 00' 00" EAST, 71 .34 FEET;
THENCE NORTH 87° 08' 00" 44EST, 321 .71 FEET;
THENCE NORTH 89° 23' 30" WEST, 140.57 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 89° 23' 30" WEST, 572.69 FEET;
THENCE NURTH 00° 36' 30" EAST, 359.49 FEET;
THENCE NORTH 88° 22' 57" EAST, 384.83 FEET;
THENCE NORTH 00° 59' 03" WEST, 55.59 FEET:
THENCE SOUTH 89° 23' ,3D" EAST, 189.70 FEET;
THENCE SOUTH 00° 36' 30" WEST, 430.00 FEET TO THE TRUE POINT OF BEGINNING;
SAID TRACT OF IAND CONTAINS 5.098 ACRES , MORE OR LESS, AND IS SUBJECT TO ANY RIGHTS-OF-
WAY OR OTHER -EASEMENTS AS GRANTED OR RESERVED BY INSTRUMENTS OF RECORD OR AS NOW EXISTING
ON SAID TRACT OF LAND.
SURVEYOR'S CERTIFICATE
I UO HEREBY CERTIFY THAT, UNDER MY PERSONAL SUPERVISION, THIS PLAT AND LEGAL DESCRIPTION
I WETE -PREPARED ANU THAT THE CORNER MONUMENTS INDICATED HEREON WERE PROPERLY PIACED DURING
AN ACTUAL AND ACCURATE SURVEY OF THE LANU COMPLETED ON AUGUST 4, 1987.
aerriz"
oanmu,inrupn
I GERALD U. McRAE, PROFESSIONAL ENGINEER AND ,.��p���
LAND SURVEYOR, COLORADO REG. N0. 6616 cS'o, 6.Ms,F�l
., 6616
O5,..
N0 P49
m
B 1166 REC 02110587 08/14/87 10 : 37 39.O0 11/013
F 2007 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO
shee/zo•
. 157 �P.C 02 .:587 C8/ 14/67 J : 37 7. 00 12/013 .
/ F 2008 MARY ' I'd FEUERSTEIN CLERK & RECr"L-11 WELD CO, CO
EXHIBIT "C"
•
A portion of the Southwest Quarter (SW 1/4) of Section 25,
Township 5 North, Range 66 West of the 6th Principal Meridian,
Weld County, Colorado, and more particularly described as
follows:
Considering the West line of said Section 25 as bearing North
1 00°00 ' 00" East and all bearings relative thereto, and beginning
at a point on the West line of said Section 25, said point
being 4, 000. 00 feet South of the northwest corner of said
Section 25; Thence North 89°22' OD" East 1,100 .00 feet; Thence
South 00°00 ' 00" West 728 . 15 feet; Thence South 89°22 ' 00° West
1, 100 .00 feet to a point on the West line of said Section 25,
said point being 434 .15 feet North of the Southwest corner of
said Section 25; Thence North 00°00 ' 00" East along the West
line of said Section 25 a distance of 728 . 15 feet to the Point
of Beginning, containing 18 . 386 acres .
•
I �
'. E' '_1.55 RE' )2110587 08/14/87 10: ?" ' ~_-
F 2009 RY ANN FEUERSTEIN CLERK 6 ZCORDER WELD CO, CO
/ _ _ -
ADDENDUM TO SURFACE LEASE AGREEMENT
DATED AUGUST 13 , 1987
BETWEEN RALPH N. AND MARY LUCILLE GREEN, AS LESSOR
AND
ASSOCIATED NATURAL GAS, INC. , AS LESSEE
i
1. The parties agree that the term "natural gas processing facility"
f ' includes fractionation, blending, loading, unloading, metering and
related facilities.
2. Subject to the _provisions of Paragraph 5.E. of the Surface Lease
Agreement, any buildings, improvements-, fixtures, machinery, equip-
ment and installations placed on the leased premises by Lessee shall
remain Lessee's property.
y 3. Lessee's obligations under Paragraph 7/) of the Surface Lease Agree-
ment shall be subject to Lessee's right to contest said governmental�r�laws in good faith.
4. Lessor represents that this Surface Lease Agreement is superior to
h the lien of any mortgage affecting Lessor's fee or reversionary
9
interest in the leased premises.
5. All notices under Paragraph 12 of the Surface Lease Agreement shall
be in writing.
I
a8/misc4
. (`
siif tic
x, DEPARTMENT OF PLANNING SERVICES
,Ya - �� PHONE(303)356-4000,EXT.4400
91510th STREET
F 1 v 9 GREELEY,COLORADO 80631
14 r
tit,
COLORADO NOTICE OF PUBLIC HEARING
The Weld County Planning Commission will hold a public hearing on Tuesday,
April 16 , 1991, at 1: 30 p.m. for the purpose of considering a Site Specific
Development Plan and an Amended Special Review permit for the property
described below. Approval of the request may create a vested property
right pursuant to Colorado Law.
APPLICANT: Associated Natural Gas , Inc .
LEGAL DESCRIPTION: Part of the SE4 SW4 O£ Section 25 , T5N, R66W of the 6th
P.M. , Weld County, Colorado
TYPE AND INTENSITY OF PROPOSED USE: For expansion of the existing
production facility and a change in
the haul route.
LOCATION: 3009 W. 49th Street, Greeley, Colorado
SIZE: 10. 38 acres, more or less
The public hearing will be held in the Weld County Commissioners' Hearing
Room, First Floor, Weld County Centennial Center, 915 Tenth Street,
Greeley, Colorado. Comments or objections related to the above request
should be submitted in writing to the Weld County Department of Planning
Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the
above date or presented at the public hearing on April 16 , 1991.
Copies of the application are available for public inspection in the
Department of Planning Services , Room 342, Weld County Centennial Center,
915 Tenth Street, Greeley, Colorado 80631 - Phone - 356-4000, Extension
4400.
Jerry Kiefer, Chairman
Weld County Planning Commission
To be published in the New News
To be publishe ne (1) time by March
��29, 1��99�11.lntry C
Received by: r� . I�YI�C!/YI
-__1 f �"�
Date: �3A2A7
eV, -,
BARRETT ENERGY CO. , ZENITH FOUR QUARTER, ALDARADO, RADIO INGLSTAD COLO, INC.
DRILLING CORP. , ALDARADO ZENITH, BARRETT C/O THOMAS INGLSTAD
RESOURCES LTD, FOUR QUARTER C/0 SHUPP BROS TRUCKING 7766 LOCHMERE TERRACE
1125 17TH STREET, SUITE 2100 P.O. BOX 929 EDINA, MN 55435
DENVER, CO 80202 GREELEY, CO 80632
RALPH H. GREEN ASSOCIATED NATURAL GAS, INC. ANDERS W. ANDERSON
2130 16TH STREET 370 17TH STREET 2208 20TH AVENUE
GREELEY, CO 80631 GREELEY, CO 80631 GREELEY, CO 80631
WASS INVESTMENTS LARRY SEY CENTRAL WELD WATER DISTRICT
C/0 SEARS INVESTMENT JAN DALE CURTIS 1051 8TH STREET
1221 8TH AVENUE 2837 WEST 49TH STREET GREELEY, CO 80631
GREELEY, CO 80631 GREELEY, CO 80634
J E R ELMER LUNDALL FUJIO AND BETTY E. ISHIGURE
P.O. BOX 929 1770 25TH AVENUE 2930 49TH STREET
GREELEY, CO 80631 GREELEY, CO 80631 GREELEY, CO 80631
CLIFFORD AND SHIRLEY BAKER HILL AND PARK SANITITATION RICHARD AND WILLA WAREHINE
2626 WEST 49TH STREET DISTRICT P.O. BOX 206
GREELEY, CO 80631 P.O. BOX 929 EVANS, CO 80620
GREELEY, CO 80631
MARION AND SANDRA HANES HARRY H. AND MARGIE SCHANK HENRY F. MARCUS
3610 49TH STREET 601 8TH STREET 2229 12TH STREET ROAD
GREELEY, CO 80634 GREELEY, CO 80631 GREELEY, CO 80631
MEREL T. MEYER CINDY CAROL HASZIER
1419 15TH STREET 3600 49TH STREET
GREELEY, CO 80631 GREELEY, CO 80631
h£908 00 'AST3MUD
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