HomeMy WebLinkAbout700311.tiff SIGN URANIUM LEASE, COUNTY #2
TREND EXPLORATION LIMITED:
WHEREAS, the Trend Exploration Limited of 600 Capitol Life Center,
Denver, Colorado, has presented a Standard Uranium Lease, covering the following
tract of land situate in Weld County, Colorado, more particularly described as
follows:
SE-41-NWI: EZSW4: Section 22, Township 9 North, Range 62 West of the 6th
P. M.
NE-3O4: Section 27, Township 9 North, Range 62 West of the 6th P. M.
and
WHEREAS, a signed consent of the surface owners, Neil A. Magnuson and
Bernice L. Magnuson, together with an agreement, signed by Trend Exploration
Limited, for payment of damages to the surface, labeled Exhibit A and B, is
hereto attached and made a part of the lease, and
WHEREAS, the Board believes it to be in the best interest of the
County to sign said lease.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners
of Weld County, Colorado, that it does hereby accept by signing a Uranium Lease
County #2, with the Trend Exploration Limited for the heretofore described tract
of land, for a period of ten years with a bonus consideration of $1.00 per
mineral acre and delay rental of $1.00 per mineral acre.
The above and foregoing resolution was, on motion duly made and
seconded, adopted by the following vote: �����
AYES: / a��.� .GL',G'C2��P,
H BOARD 0 TY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: AUGUST 12, 1970
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GLENN K. 21LLLNGS,
CHAIRMAN
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AT. 2. BOX 167 GREELCY. COLO. '.C rRj7. 'LS \ 4CV
HAROLD W. ANDERSON,
CHAIRMAN PRO.TEM
AT 1. ion NSTOW N. COLo. OFFICE OF THE WELD COUNTY ATTORNEY SAMUEL s. TELEP
COUNTY ATTORNEY
MARSHALL H. ANDERSON, PHONE (303i 3525132
M2E0. yy
2412 tiTM AVi.. GREECE V. COLO.
May 21, 1970
Neil A. Magnuson and Bernice L. Magnuson
Star Route
Briggsdale, Colorado 80611
Re: Township 9 North, Range 62 West of the 6th P. M. : SE4NW4, E+SW4 Sec.
22; NE4NW4 Sec. 27.
Dear Mr. and Mrs. Magnuson:
Please be advised that Weld County is in the process of signing a Mineral Lease
with Trend Exploration Limited, 600 Capitol Life Center, Denver, Colorado,
whereby said lessee will cause, by exploration of your premises, to try and lo-
cate uranium, thorium, vanadium and other minerals of value that can be re-
moved b. the process of mining and milling the same from the above-mentioned
lands. As you probably know, Weld County owns the minerals underneath the
surface of these lands and before it enters into any lease, it wishes to know whe-
ther you have any objections. Weld County feels that you as the surface owners,
certainly do have something to say about what will or may happen to the surface
of the lands Involved.
We have on file in the office, an instrument whereby Neil A. Magnuson and
Bernice L. Magnuson, as surface owners of the above-entitled premises, have
signed a consent stating in effect that they have no objection to Weld County en-
tering into a lease agreement whereby the lessee can explore and mine for said
minerals.
Although we have your consent as surface owners, the Board of County Commis-
sioners, Weld County, Colorado, has instructed this office to obtain a personal
response from you regarding your feelings in the matter and whether you have
any objections to Weld County entering into such leases.
Your early reply will be greatly appreciated. For ready reference, I attach
herewith a stamped, self-addressed envelope for your convenience in replying.
Ver my yours,
fri
Samuel S. Telep
Count Attorne
SST:bp _ Y Y
II
Enc. G. \,JJ
TATLOCK'S, Inc.
1614 Court Place
Form JG—LS(Revised 1967) D , Colo. 80202 Phone 266-1681
Standard Uranium Lease(Approved)
THIS AGREEMENT OF LEASE, made and entered into this �y�r�2ndrX _ � day of_.. u 19 70
by and between Feld County. Colorado, a poll ti c a hrl vl ,inn o: tae State ct Colorado,
by the hoard of County Corr ssioners.
(whether one or more)of C/O LOarCz Of County Commissioners. 'Icld County Court ','Ouse, Greeley, Colorado
hereinafter called lessors, and`.Crena rxnloration 600 Capitol .11E Co'nte"-, Denver, Colorado 80203
hereinafter called the lessee;
WITNESSETH: That the said lessor, for and in consideration of One HundrecL Cixty Dollars,
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cash in hand paid, the receipt of which is hereby acknowledged as payment of the initial rental computed at the rate of S1•00
oer-acre, and of the covenants and agreements hereinafter contained on part of lessee to be paid, kept and performed, has granted, demised, leased and
let and by these presents does grant, demise, lease and let exclusively unto the said lessee for the sole and only purpose of exploring, mining and operat-
ing for and taking Uranium, Thorium, Vanadium and other minerals of value that can be removed in the process of mining and milling the same, from
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the lands hereinafter described; situate, lying and being in the County of--.'.e�-d and State o(___`v0 Or d0 , to wit;
Township 9 orth_2 nee 62 Jest, 6th 1. h.
Sec. 22: ;h ':� LJS'.i;
Sec. 27:
160
estimated to contain acres, more or less.
It is agreed that this lease shall remain in force for a term of 10 years from this date, referred to as primary term and as long thereafter as the
minerals hereinabove designated or any one of them are being produced in paying quantities from said premises, and the royalty and rents provided
for herein are being paid, subject to the terms hereinafter described, or as long thereafter as the lessee continues to prosecute the mining and explora-
tion of said premises. 2nd r7
IF actual mining operations are not commenced on said land on or before the day of April 19 !1
this lease shall terminate as to both parties, unless the lessee shall on or before that date pay or tender to the lessor or to the lessor's credit in the
Board of County Commissioner& Bank at Greeley, Colorado , or
One Hundred Sixty-
its successors which shall continue as the depository regardless of changes in the ownership of said land,the sum of •
dollars, which shall operate as a rental and cover the privilege of deferring actual mining operations for twelve months from said date. In like manner
and upon like payments or tenders, the commencement of actual mining operations may be further deferred for like periods of the same number of
months successively. And it is understood and agreed that the consideration first recited herein, the down payment, covers not only the privilege granted
to the date when said first rental is payable as aforesaid, but also the lessee's option of extending that period as aforesaid, and any and all other rights
conferred.
In consideration of the premises the said lessee covenants and agrees:
I-
To pay lessor an amount equal to _ - _ percent of the gross mill returns from any and all ores mined from the leased premises, including
5 .rGL .L_.. Ii' i
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percent of any bonus or premium payments. but not including any portion of the haulage or development allowance.
Should production of minerals hereinabove described from the leased premises cea at from any cause after the expiration of the primary term this
lease shall not terminate provided lessee continues with due dilligence and good and proper mining and exploratory procedure to regain or restore
production from said land. If such production is restored through any such operations this lease shall continue with the like effect as if there had been
no cessation thereof.
If said lessor owns a less interest in the above described land than the entire and undivided fee simple estate therein, then the royalties and
rentals herein provided for shall be paid the said lessor only in the proportion which lessor's interest hears to the whole and undivided fee.
Lessee shall be liable and agrees to pay for all damages to the surface of the land. livestock, growing crops or improvements caused by lessee's
operations on said lands.
Lessee shall have the right to use, free of cost, water produced or found on said land for lessee's operation thereon, except water from the wells
and reservoirs of lessor.
Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises.
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.
If the estate of either party hereto is assigned, and the privilege of assigning in whole or in pan is expressly allowed. the covenants hereof shall
extend to their heirs,executors, administrators, successors or assigns, but no change in the ownership of the land.or assignments of rental or royalties shall
be binding on the lessee until after the lessee has been furnished with a written transfer or assignment or a true copy thereof: and it is hereby agreed
that in the event this lease shall be assigned as to a part or as to pans of the above described lands and the assignee or assignees of such part or
parts shall fail or make default in the payment of the proportionate part of the rents due from him or them, such default shall not operate to defeat
or affect this lease insofar as it covers a part or parts of said lands upon which the said lessee or any assignee thereof shall make due payment of
said rental. In case lessee assigns this lease, in whole or in part, lessee shall he relieved of all obligations with respect to the assigned portion or portions
arising subsequent to the date of assignment. Lessee may at any time surrender this lease in whole or in part by mailing a release to lessor or placing
a release of record in the proper county and shall thereupon be relieved of all obligations hereunder except as to any part retained.
Lessor hereby 7Qyf]pgXXXX(I)Mx9p(ej(e)Qg(J(p(jiOld(f0$jf OOXI1CN9i0GneXXXXXA61C agrees that the lessee shall 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 default of payment by lessor, and be
subrogated to the rights of the holder thereof, and the undersigned lessors. for themselves and their heirs, successors, and assigns. hereby surrender
and release all right of dower and homestead in the premises described herein, insofar as said right of dower and homestead may in any way affect •
the purposes for which this lease is made, as recited herein.
Lessee agrees to comply with the Colorado Open Cut Land .Zeclsi:ation Act 01' 1969,
which shall be deemed to apply to the mining of '_:raniura and all work and activities
on the above described lands.
Sec L IIICCITC f"Al' and 11811 attached and made a ,part hereof.
WITNESS the parties hereto in duplicate the day and year first above written. ,field County, Colorado, by the
LESSOR:�. Eoa d of County Commissioners:
LESSEE � /,
ulctt, Jr.. ,gent 1977,27.7-‘z c-f
Attest:
County Clerk and recorder
Upon the termination of this lease in whole or in part by election or by failure to
make payments as aforesaid, lessee or his assigns shall within 30 days release by
written instrument the land or portion thereof which said lease terminates, and
said notice shall also be sent to the lessor giving the book and page of said lease.
It is expressly understood that this lease is subject to and controlled by any law
of the State of Colorado now in effect restricting or limiting the powers of Countes
or boards of.,County Commissioners and provision herein in conflict therewith shall
be inoperative and void.
, to me known to be the identical person , described in and who executed
the within and foregoing instrument of writing and acknowledged to me that duly executed the same as free
and voluntary act and deed for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written.
My Commission Expires
_. Notary Public.
STATE OF ) Oklahoma, Kansas, New Mexico, Wyoming, Montana, Colorado, Utah,
}ss. Nebraska, North Dakota, South Dakota
COUNTY OF J ACKNOWLEDGMENT—INDIVIDUAL
BEFORE ME, the undersigned, a Notary Public, in and for said County and State. on this
day of 19 , personally appeared
and
, to me known to be the identical person , described in and who executed
the within and foregoing instrument of writing and acknowledged to me that duly executed the same as free
and voluntary act and deed for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written.
My Commission Expires
Notary Public.
State of ACKNOWLEDGMENT (For use by Corporation)
County of l'ss.
On this day of A. D. 19 , before me personally
appeared to me personally known, who, being by
me duly sworn, did say that he is the of
and that the seal affixed to said instrument is the corporate seal of said corpora-
tion and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said
acknowledged said instrument to be the free act and deed of said corporation.
Witness my hand and seal this day of A. D. 19
(SEAL) Notary Public.
My Commission expires
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EXHIBIT "A"
Attached and made a part of Uranium Lease dated April 2, 1970
by and between ;field County, Colorado, a political subdivision of the State of ,
Colorado, by the -Board of County Commie:loners,
Lessor, and Trend 1xploration Limited
Lessee.
Notwithstanding anything to the contrary herein contained, in the event
Lessee destroys or permanently damages the surface of all or any part of the Leased
Premises by removal of said surface in the course of excavating a mine or by cover-
ing said surface with earth, rock ore or other materials during the course of
mining operations hereunder, then Lessee shall pay or tender to Loose surface owner
125A of the fair market value as full payment for each acre of surface
land (pro rata for fractions of an acre) , actually permanently damaged or destroyed;
provided that if Lessor owns less than the entire and undivided surface estate, the
payments to be made shall be proportionately reduced and paid to Lessor only in the
proportion that Lessor's interest bears to the entire undivided surface estate.
For all fissionable materials mined, saved, and removed from leased
premises, Lessor reserves and Lessee agrees to pay to Lessor a royalty based on
the gross purchase price as set out below:
SCHEDULE A -- SURFACE OR PIT MINING ROYALTY: SCHEDULE B - UNDERGROUND MINING ROYALTY:
GROSS PURCHASE PRICE ROYALTY GROSS PURCHASE PRICE ROYALTY
PER TON (2000/1) AT MILL RATE % PER TON (200011) AT MILL RATE
Up to $ 4.00 5
$4.00 to 6.00 52 $ .00 to $14.00 5
6.00 to 8.00 6 14.00 to 16.00 52
8.00 to 10.00 62 16.00 to 18.00 6
10.00 to 12.00 7 18.00 to 20.00 62
12.00 to 14.00 72 20.00 to 22.00 7
14.00 to 16.00 8 22.00 to 24.00 72
16.00 to 18.00 82 24.00 to 26.00 8
18.00 to 20.00 9 26.00 to 28.00 82
20.00 to 22.00 92 28.00 to 30.00 9
22.00 to 24.00 10 30.00 to 32.00 91/2
24.00 to 26.00 102 32.00 and Up 10
26.00 to 28.00 11
28.00 to 30.00 112
30.00 to 32.00 12
32.00 and Up 122
On all other minerals recovered in the process of mining and milling
uranium, the royalty shall be 5% of fair market value.
INITIALED FOR PURPOSE OF IDENTIFICATION
EXHIBIT "B"
.alll ✓ll DL"
CONSENT OF SURFACE OWNER
For good and adequate consideration, the receipt and sufficiency
of which is hereby acknowledged, the undersigned (whether one or more) owner
of the surface of the land described in the foregoing lease hereby consents
to the granting of said lease by the Lessor named therein upon and subject
to the terms and conditions therein set forth. The giving of this consent
shall not thereby entitle the undersigned to receive any payments under the
foregoing lease.
IN WITNESS WHEREOF, the undersigned has executed this consent as
of the day and year of the foregoing lease.
,
� L � c' t . '�7 2 . c.
-r7'i
Neil A. Magnu' on �2z4---
Bernice L. Magnuon
STATE OF alea-06-
))
ss.
` K
COUNTY OF GG-tee )
The foregoin Con ent of Surface Owner ckno ledged before me •
this, day of 4 2 , , 1970, by, c�Q 'ja'e
•
My commission expires:
/f74 Notary Public
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