HomeMy WebLinkAbout20152793.tiff 3965612 Pages: 1 of 2
09/24/2013 08:04 QM R Fee:$16.00 0 Fee.$0.00
• Steve Moreno Clerk and Recorder Weld County.
VIII WIVinte:i:IlEteklikliiilink'hilili J. ii II
QUIT CLAIM DEED
This warranty deed,executed this 11 day of t
2013, by JANYCE HARMS, husband and wife as joint
tenants,first party, whose post office address is 52715 WCR
136, Pine Bluffs, WY 82082, respectively, to HARMS
RANCH,LLC,a Colorado limited liability company,second
party, whose post office address is 52715 WCR 136, Pine
Bluffs, WY 82082.
Witnesseth, That the said first party, for and in consideration of the sum of TEN and NO/100
($10.00) DOLLARS, to them in hand paid by said second party, the receipt whereof is hereby
acknowledged does hereby grants,bargains,sells, conveys and QUIT CLAIMS the title to the same,
subject to all mortgages, liens, deeds of trust, easements or any and all other restrictions of public
record,to the said second party,their heirs and assigns forever,all the right,title,interest,claim and
demand which said first party has in and to the following described land,situate,lying and being in
the County of Weld, State of Colorado, to wit:
ALL OF SECTION TIIIRTY-FOUR(34),TOWNSHIP ELEVEN(11)NORTH, RANGE FIFTY-
EIGHT (58) WEST OF THE 6TH P.M., ALL IN THE COUNTY OF WELD, STATE OF
COLORADO.
also known as:
PROPERTY ASSESSOR'S SCHEDULE OR PARCEL #
Together with all and singular the hereditaments and appurtenances thereunto belonging, or in
anywise appertaining, the reversions, rents, issues and profits thereof, and all estate, right, title,
interest,claim and demand whatsoever of the Grantor,either in law or equity,of,in and to the above
bargained premises, with the hereditaments and appurtenances.
To Have and To Hold the same together with all and singular the appurtenances thereunto belonging
or in anywise appertaining, and all the estate,right,title, interest,lien,equity and claim whatsoever
of the said first party, either in law or equity,to the only proper use, benefit and behoof of the said
second party forever.
In Witness Whereof,The said first party hereunto set their hand and seal the day and year first above
written.
Jan ce lta s
Quit Claim Deed
Page 1
STATE OF COLORADO )
) ss.
COUNTY OF WELD ) 13 /
The foregoing instrument was acknowledged before me this day of`�41i�/�2013,by
JANYCE HARMS.
My Commission Expires:
KENNETH R. RONEY
V()I on PI IHI.1C — - --
Si.A II UI MI uft,ADP Notary Public
nl> Cmnnflsion I wires:(14 22 2014 4290 W. 10th Street, Suite 110
Greeley,CO 80634
970-590-6108
Name and Address of'Person Creating Newly Created Legal Description(§38-35-106.5,C R.S.1
3965612 Pages: 2 of 2
09/24/2013 08:04 All :Jo
Fee:§18.00 D Fee:$0.00
Steve Moreno. Clerk and Recorder. field County, CO
IIII ra Ill'ilitelAk I MT HATAIX ilk II III
Quit Claim Deed .
Page 2
This LEASE made in duplicate, this 29th day of December , 2014, by and between
Harms Ranch, LLC , hereinafter LESSOR, and Pine Bluffs Gravel & Excavating, Inc.,
hereinafter, LESSEE.
1. LEASED PREMISES AND TERM
LESSOR, in consideration of the rents, covenants and agreements of LESSEE, hereinafter set
forth, and in consideration of each and every act to be done by the parties hereto, does by these
presents exclusively let, lease and rent to LESSEE for a term of five (5) years from the date of
this LEASE or until terminated as herein provided, a certain tract of land described as follows:
Section 34, township 11 North, range 58 West, 6th principle meridian, Weld County Colorado,
hereinafter referred to as PREMISES, for the purpose of mining and storing dirt, sand, gravel,
and rock, hereinafter MATERIAL. The LESSEE shall have the right to extend this LEASE for
an additional term of five (5) years by giving the LESSOR a written notice of such extension
sixty (60) days previous to the expiration of the original five year term of this LEASE.
If LESSEE has not permitted and began operation of gravel pit within two years from date of
lease, agreement is terminated.
2. LESSOR'S WARRANTIES
LESSOR warrants that she has marketable title to the PREMISES and authority to enter into this
LEASE and so dispose of the MATERIAL deposits located on the PREMISES.
3. LESSOR'S COVENANTS
LESSOR agrees LESSEE may obtain a Title Search on the PREMISES. If the title search show
there is a mortgage on the PREMISES, LESSOR shall furnish to the LESSEE a copy of the
mortgage and agrees to obtain a signed mortgagee's waiver of royalty payments, or in lieu
thereof, written instructions from the mortgagee and LESSOR for payment of the royalty.
4. LESSEE'S USE OF THE PREMISES
LESSEE shall have the exclusive right and authority to go upon said PREMISES with its
employees, trucks and machinery and such other equipment as may be necessary for the purpose
of mining and removing from the PREMISES all MATERIAL as LESSEE may desire.
LESSEE shall have full and complete access to any sand, gravel, and rock pits over and across
the PREMISES of the LESSOR, including the right of ingress and egress thereto and therefrom
for only those activities directly related to the mining of aggregate materials from the
PREMISES.
LESSEE shall have the further right, if it so desires, to erect and maintain on PREMISES, at its
own cost and expense, such machinery and equipment as it shall deem necessary for the proper
and economical working of said pit or pits and the removal of MATERIAL therefrom. LESSEE
shall have the right to remove, if necessary, and where LESSEE may consider advisable, any
soil, waste sand or overburden from such MATERIAL and to deposit the same on PREMISES.
5. ENVIRONMENTAL CARE OF PREMISES
LESSEE shall not bury or cause to be buried any trash or debris on the PREMISES. If the
LESSEE should cause hazardous materials to be disposed of on the PREMISES, the LESSEE
shall be responsible for cleanup of the contaminated area at LESSEE'S expense, regardless of
the time frame which may be required by any governmental authorities supervising the
elimination of the contamination, even though such elimination may extend beyond the term of
this LEASE.
LESSEE shall remove all dirt, sand rock, or other material brought onto the PREMISES when
LESSEE has completed its mining operations on the PREMISES.
6. TERMINATION
LESSEE may terminate this LEASE before the end of the LEASE term if LESSEE has
completed its excavation operations on the PREMISES.LESSEE shall be deemed to have
completed LESSEE'S operations when, in LESSEE'S sole discretion, further excavation of
MATERIAL would no longer be economically desirable to LESSEE either because of the
quantity or quality or location of the remaining deposits of the MATERIAL.
7. PAYMENT FOR MATERIAL
LESSEE shall pay or cause to be paid to the LESSOR an amount of Forty (0.40) cents per ton of
MATERIAL removed from the PREMISES. Such payment will be made to the LESSOR or any
other person or entity at a time or place as so designated by the LESSOR. Payment from the
LESSEE to the LESSOR shall be made by the _10th day of the month following removal of
the MATERIAL, from the PREMISES. Claims for payment for the MATERIAL made by other
parties shall not be the responsibility of the LESSEE.
8. LESSEE ADDITIONAL PREMISES USE
LESSEE shall have the right to bring onto thereafter to remove from the PREMISES dirt, rock or
other MATERIAL which may be used in the formulation of the final product produced. All
tonnages of such product shall be separately accounted for when leaving the PREMISES. No
royalty or any other compensation shall be paid by the LESSEE to the LESSOR for dirt, sand,
rock or other MATERIAL which may be brought on the PREMISES. The LESSEE may require
additional help from other contractors to fulfill aggregate mining requirements. The LESSOR
does agree to allow LESSEE-approved contractors to enter and work on the PREMISES.
9. LESSOR USE OF THE PREMISES
LESSOR shall have the unrestricted use of the PREMISES for any and all purposes except for
the production, stockpiling, processing and shipment of sand, gravel and rock therefrom during
the term of this LEASE.
LESSOR retains right to remove unprocessed material for personal use at no charge.
10. LESSEE'S REMOVAL OF EQUIPMENT
Upon the termination of this LEASE, whether by lapse of time or by termination because of
completion of operation, or otherwise, LESSEE shall have the right and obligation to take and
remove from said PREMISES any and all machinery and equipment belonging to LESSEE
within 90 days of termination.
11. TAXES
LESSOR agrees to pay before delinquency all taxes and special assessments levied with respect
to the PREMISES during the term of the LEASE or any extension thereof.
12. WRITTEN MODIFICATION ONLY
No action of any of the parties hereto shall be construed as an extension of the term of this
LEASE or creation of a new agreement unless the same is in writing and signed by the parties
hereto.
13. INSURANCE AND INDEMNITY
LESSEE will at all times during the term of this LEASE, at their own cost and expense, insure
and keep in effect on the real property such public liability insurance in the amount of
$1,000,000 to insure LESSOR and LESSEE against all claims, demand or actions for injuries to
or death of any one person, and for injury to or death of more than one person in any one
accident. Provided, however, LESSOR and LESSEE shall cross-indemnify, protect and hold
each other and their successors, heirs and assigns harmless from and against all damages, claims,
attorney fees and demands arising out of the use of the PREMISES.
14. RELATIONSHIP OF PARTIES
LESSEE shall in no event be construed for any purposes to be a partner, joint venture or
associate of LESSOR or any sub-lessee, concessionaire, operator, or licensee of LESSOR with
respect to the PREMISES.
15. LAND CONFORMATION AFTER MINING
No mining of the PREMISES shall occur closer then fifty (50) feet of the property line of the
PREMISES. After mining is completed the PREMISES will be left in a physical condition,
which is pleasing to the eye and shall not be a hazard to cattle or the use of the property by the
LESSOR.
16. CONTINGENCY
LESSEE is not obligated to perform unless all of LESSOR'S obligations under the terms of this
LEASE have been fulfilled.
17. SUCCESSORS AND ASSIGNS
This LEASE shall be binding upon and inure to the benefit of the respective heirs,
representatives, successors and assigns of the parties hereto.
IN WITNESS WHEREOF the parties have executed and caused the due execution hereof
respectively of duplicate copies, both of which shall be deemed originals as of the day and year
above written.
•
LESSOR:
Pine Bluffs Gravel & Excavating, Inc.
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LESSEE��r� lax <<z 'r- ,
Harms Ranh; LLC"
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