HomeMy WebLinkAbout20141748.tiff FCEIVED MAY 2 /Aft
MEMORANDUM OF SAND AND GRAVEL LEASE
Under the terms of the Sand and Gravel Lease ("Lease") effective January 1, 2011,
between JRT Limited Partnership and Terry Grazing Association, P.O. Box 3170, Cheyenne,WY
82003, (jointly referred to as the "Lessor") and Connell Resources, Inc., a Colorado corporation
("Lessee"), Lessor has leased to Lessee certain real property located in Weld County, Colorado and
described as:
a. The currently-operating Carr/Tucker Pit, including all of Section
17, Township 1 1, Range 67, except 1 acre in SW4SW4, and the N2NE4 in
Section 20, Township 1 1, Range 67, Quarter Section I, AND
b. additional real property which is being added to the Carr/Tucker Pit,
including all of Section 21, Township 11, Range 67, and the SW4&S2SE4 in
Section 22,Township 1 1, Range 67 (25RR).
("Leased Premises") for the purpose of Lessee mining and extracting sand, gravel and related
products from the Leased Premises under the terms and conditions of the Lease. The Lease shall be
in effective until the earlier of the following events;
a. One year following the date all salable material has been removed and sold from the
Leased Premises;
b. On December 31, 2016, unless extended pursuant to Section 2;
c. Lessee terminating this Lease by giving Lessor written notice on or before September 1
of any calendar year stating that Lessee is terminating the Lease as of December 31 of
that calendar year;
d. Either party terminating the Lease under the default provisions of Section 13;
e. Failure of the Permits transfer process referred to in Section 4; or
f. At Lessee's option, upon substantial interference with Lessee's operations by the oil,
gas, or mineral owner, as referred to in Section 7.9.
The other terms and conditions of the Lease are incorporated into this Memorandum by this
reference.
LESSOR: JRT Limited Partnership
By: l>�
Printed Name: ixtejja
Lg I` th its R / nit
STATE OF WYOMING )
) ss
COUNTY OF LARAMIE )
1
CERTIFICATE OF CONVEYANCES
CERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUTY OF WELD
F0473105
The Fidelity National Title Company hereby certifies that it has made a careful search of its
records, and finds the following conveyances affecting the real estate described herein since
August 30, 1972, and the most recent deed recorded prior August 30, 1972.
LEGAL DESCRIPTION:
All of Section 21, Township 11 North, Range 67 West of the 6th P.M.,
County of Weld, State of Colorado
CONVEYANCES
1. Deed recorded May 18, 1965 in Book 542 at Reception No. 1463879.
The certificate is made for the use and benefit of the Department of Planning Services of Weld
County, Colorado.
This certificate is not to be constructed as an Abstract of Title nor an opinion of Title,nor a
guarantee of Title and the liability of Fidelity National Title Company, hereby limited to the fee
paid for this Certificate.
In Witness whereof,Fidelity National Title Company,has caused this certificate to be signed by
its proper officer this 14th day of January, 2014, at 8:00am.
Fidelity tional Title Company
By: i vu-
/Authorized S' nature
Leslie Ryan
Dated: /'/�/1O/K
it
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ta we
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.,eb 13871 FairyEtri
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a SPECIAL WARRANTS Dl® -
c1.
• THIS DEED, Nada this 1 day of Nay, 1965, between TERE! Iddb AND LIVIST tth n,...
COMPANY, INC., a cerporatioo�ululy organised end ablating order and by virtue of the laws
of the State of Wyoming, of the first part, and TE➢E! GRANIN0'ASgpgIi'Ia .
a corporation duly organised and existing under end by virtue of the laws of the State , -
of Colorado, of the second part; it
WITNESSEPH, That the said party of the first part, for end in consideration of the �-"
'I sum of Ten Dollars and other good end valuable considerations, to the said party of the A
first t in hand id by the mid party of the second �"
�i put pa part, theconyreceipt d and ie
hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by theme '4
presents dote grant, bargain, sell, convey and confirm unto the mid party of the second
part, its successors and assigns forever, all that certain property, real estate, premises
sad appurtenances situated in the County of Weld and State of Colorado set forth and
•
described on Schedule "A" attached hereto and by this reference me eta part hereof;
together with all improvements located thereon, and all water, rater rights, storage, ' •
ditches and canals appurtenant thereto or used in connection therewith; also together •
with all and singular the hereditmente and appurtenances thereunto belonging, or in
anywise appertaining, and the reversion and reversions, reminder and remainders, rents,
• issues and profits thereof; and all the estate, right, title, interest, claim and demand
whatsoever, of the maid party of the first part, either in law or equity, of, in and to
the above bargained premises, with the hereditamente and appurtenances; EYCEFIING and
• RESERVING therefrom however, unto TERRY LAND AND LIVESTOCK COMPANY. INC.,'party of the
•
• first part, its successors and assigns, all gas, caeinghead gas, oil, and other
minerals valuable as a source of petroleum in and under said lands and appurtenances
' thereto, together with the right of ingress and egress at all times for the purpose
of mining, drilling, exploring, operating and developing said lands for gas, caeinghead
gas, oil, and other minerals valuable an a source of petroleum in and under said lands,
' and storing, handling, transporting and marketing pus therefrom with the right to
remove all property and improvements placed thereon by party of the first part, its .
successors and assigns;
TO HAVE AND TO HOLD, the said premises above bargained and described with the
. . appurtenances, unto TERRY GRAZING ASvnr'IATION , the said party of the second
pert, its successors and ensigns forever.
• And the said petty of the first part, for itself and its successors covenants and
agrees to and with the said party of the second pert, its successors and assigns, the
•
- above bargained seamless in the quiet and peaceable possession of the said party of the
second part, its eucceesoore and assigns against all and every person or persons lawfully
claiming or to claim the whole or any part thereof, by, through or under the said party •
of the first part, to WARRANT AND FOREVER DEFEND, subject however to all easements,
righperd ty',�.�,covenants, conditions, restrictions end reservations, and to the 1965•
1965ad$ o .. jf,taxes.
r
../111 WITNPSSOEFREOF, The said party of the Shut part has caused its corporate
nose to ge,hvieu4S subecribed by its_ President, and its corporate peal to be
. h`e,iS3-.pffdxf4, tested by its Secretary, the day and year first above .
wsttten. ;_ - .
A �rd0U'..'•' ' TERRYY D}NO LIVESTOCK COMPANY, INC.
1/.1:14:: /(/ .t.a.la,.L. t/ By: ,Mf /14,,(,..r �
• dro resident ss
STATE OF COLORADO . .
as. CM
CITY AND COUNTY OF DENVER , mr,
On this d day of May, 1965 before me appeared ✓�L E Af�euite me
. personally known, w o, being by me duly sworn did say that he in thof President .
of TERRY LAND AND LIVESTOCK COMPANY, INC., and that the seal affixed to said instrument
• is the corporate goal of °aid corporation and that said instrument was signed and'�'�s�sealed m,
' in behalf of said corporation by authority of its board of directors and said ',/ft„ / vi
, 1ji-/yq ,C_ acknowledged said instrument to bu the free act and deed of sold corporation.
✓blvon,under my hand and Notarial Seal the day an/d year first above written.
- f.i: „'. t Y'•:'a Notary Public
fir Rosieeion-Argiees: My Commission expires tan,1d,40._ tt I . _ e o
f., � t9.lI11X, .
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y S� , - T 9Y. ]41)u0f. .1 n .tat.
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•. - ICrgmQlrg "As - -
Attached to and terming a part of Special tinny Deed dated May 17, 190 betwiea.
fl®1 1110 AC tivwoa caemr, 1710.., of the firstipart, end non mans i.• .
AJSOOIATIOW, of the stoned part. ,
ea
TOWNSHIP 11 NORTH, RANGE 87 WEST OF THE 61'11 P.Y. "
- Section 1: All
Section 2: 8}SE}
Section 3:. All
Section 4: SS}, EXCEPT a strip for Union Pacific Railroad Company as
shown on Map filed July 2, 1917, rile No. 256201. 0
'.I Section 6: A11 East of Interstate Highway No, 23 described in Book
1618 at page 614
Section 7: All East of Interstate Highway No. 25 described In Book
1619 at page 614
Section 8: .W}
Section 9: All, EXCEPT a strip 400 feet wide !or Union Pacific Railroad
Company-road described in Book 233 at page 153,
Section 11: All
Section 13: All
Section 15: All, EXCEPT a strip 200 feet wide for Union Pacific Railroad
Company road described in Book 149 at page 411.
Section 17: All, EXCEPT that part conveyed to American Telephone and
Telegraph Company described in Book 1076 at page 441.
Section 19: That part of said Section 19 described as follows: Beginning
at the point of intersection of the East line of- said Section
and the North line of the County Road described in Book 999 at
page 193, said point being 30 feet North of the East quarter
corner of said Section; thence Westerly along the Northerly
line of. said County Road to the intersection with the Easterly
line of Interstate Highway No. 25 as described in Book 1619
at page 614; thence Northeasterly along the Easterly line of
said Highway No. 25 to the North line of said Section; thence
East to the Northeast corner of said Section; thence South to
the point of beginning.
Section 20: NINE#
{ - Section 21: A11
Section 22: 8W}RE}, S}SE}, SWISS* and 8W}, EXCEPT a strip 400 feet wide
for Union Pacific Railroad Company road as shown on gap filed
July 2, 1917.
Section 23: All
TOWNSHIP 12 NORTR. RANGE 67 WEST OF THE 6TH P.M,
Section 20: All of the E}SE} and of the SWRSE} East of Interstate Highway •
No. 25 described in Book 1619 at page 614.
Section 21: All in Colorado
Section 22: SE}SW}, EXCEPT a strip 400 feet wide conveyed to Union Pacific
Railroad Company described in Book 233 at page 383.
Section 23: All in Colorado
Section 25: All
Section 27: All, EXCEPT a strip 40U feet wide in N*NW} and a strip 200
feet wide in SW*NW* of said Section conveyed to Union Pacific
Railroad Company described in Book 233 at page 383.
I Section 29: All East of Interstate Highway No. 23 described is Book 1619
1 at page 614.
Section 34: SE}
Section 35: All
'r.d tt h 1«tL $fllkS.ktt fyjh,llt,., u ,ai...,.t '. . . . 1,,0!;.'i0
LEGAL RIGHT TO ENTER
(Property Title Commitment)
Fidelity National Title Insurance Company
COMMITMENT
SCHEDULE A
Commitment No: 580-F0466240-383-TOW
1. Effective Date: September 24,2013 at 7:00 A.M.
2. Policy or policies to be issued:
Proposed Insured Policy Amount
(a)None $0.00
Informational Commitment
3. The estate or interest in the land described or referred to in this Commitment is:
A Fee Simple
4. Title to the estate or interest in the land is at the Effective Date vested in:
Tern Grazin2 Association,a Colorado Nonprofit corporation
5. The land referred to in this Commitment is described as follows:
See Attached Legal Description
(for infonnational purposes only) Vacant land, Carr, CO
PREMIUMS:
Informational Commitment: $550.00
Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land „
Title Association. 5. ,
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Attached Legal Description
All of Section 21, Township 11 North,Range 67 West of the 6th Principal Meridian,
EXCEPT that portion dedicated as public highway as described in Deed of Dedication recorded July 27, 2001 at
Reception No. 2869567,
County of Weld, State of Colorado.
Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land IAN D NILE
msociria„
Title Association.
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SCHEDULE B—Section 1
Requirements
The following requirements must be met:
a. Pay us the premiums, fees and charges for the commitment.
b. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have
knowledge of any outstanding obligation, please contact the Title Department immediately for further
review prior to closing.
NOTE: This commitment is for informational purposes only.
END OF REQUIREMENTS
Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA �NEF��.�
members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land
Title Association.
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SCHEDULE B-Section 2
Exceptions
Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction:
1. Any facts, rights, interests or claims that are not shown by the Public Records but which could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
2. Easements, liens or encumbrances,or claims thereof, not shown by the Public Records.
3. Any encroachments,encumbrances,violation,variation,or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land and not shown by Public
Records.
4. Any lien or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by
law and not shown by the Public Records.
5. Defects, liens, encumbrances,adverse claims or other matters, if any, created, first appearing in the Public
Records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured
acquires of record for the value the estate or interest or mortgage thereon covered by this Commitment.
6. (a) Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance
thereof, (c)water rights, claims of title to water,whether or not the matters excepted under(a),(b),or(c)
are shown by the Public Records.
7. (a)Taxes or assessments that are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; (b)proceedings by a public agency
that may result in taxes or assessments,or notices of such proceedings,whether or not shown by the
records of such agency or by the Public Records.
8. All taxes and assessments,now or heretofore assessed, due or payable.
9. Rights of way, whether in fee or easement only, for county roads 30 feet wide on each side of section and
township lines as established by Order of the Board of County Commissioners for Weld County, recorded
October 14, 1889 in Book 86 at Page 273.
10. Right of way and rights of others that may exist in the Decker and Glasser ditch and Lone Tree Creek as
disclosed on the Map of Decker and Glasser Ditch, filed March 12, 1906 at Reception No. 108977.
11. Right of way and rights of other that may exist in Park Reservoir and Lone Tree Creek as shown on Park
Reservoir Map Statement, filed October 19, 1909 at Reception No. 146381.
12. Undivided all interest in all gas, casinghead gas, oil and other minerals valuable as a source of petroleum
in and under said lands and appurtenances thereto, together with the right of ingress and egress at all
times for the purpose of mining, drilling, exploring, operating and developing said lands for gas,
casinghead gas, oil and other minerals valuable as a source of petroleum in and under said lands, and
storing, handling, transporting and marketing same therefrom with the right to remove all property and
improvements place thereon by party of the first part, it's successors and assigns as reserved in the
instrument set forth below, and any and all assignments thereof or interests therein:
Reserved by: Terry Land and Livestock Company, Inc.
Recording Date: May 18, 1965
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Recording No.: Book 542 at
13. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: Poudre Valley Rural Electric Association
Purpose: electric line or system
Recording Date: April 3, 1980
Recording No: Reception No. 1821262
14. Easement(s) for the purpose(s)shown below and rights incidental thereto, as granted in a document:
Granted to: Poudre Valley Rural Electric Association
Purpose: electric line or system
Recording Date: July 27,2001
Recording No: Reception No. 2869806
15. Terms, conditions, provisions, agreements and obligations contained in the Nontributary Ground Water
Lease by and between Terry Grazing Association and Southwestern Water Exploration Company as set
forth below:
Recording Date: January 14, 2002
Recording No.:
16. Terms, conditions, provisions, agreements and obligations contained in the Nontributary Ground Water
Lease by and between Teny Grazing Association and Total Water Resources, LLC as set forth below:
Recording Date: March 3,2005
Recording No.: Reception No. 32_65219
17. Terms, conditions, provisions, agreements and obligations contained in the Nontributary Ground Water
Lease by and between Terry Grazing Association and Total Water Resources,LLC as set forth below:
Recording Date: May 14, 2010
Recording No.: kcccpiton No. 1o9$-}7),
a. Letter Agreement and Amendment recorded January 30, 2013 at Reception No.30066__3.
18. Terms, conditions, provisions, agreements and obligations contained in the Groundwater Lease and
Retention Pond Grant by and between Terry Grazing Association, as set forth below:
Recording Date: May 14,2010
Recording No.: Reception No. 3603471
a. Letter Agreement and Amendment recorded January 30, 2013 at Reception No. 3906633.
19. A sand and gravel lease with certain terms, covenants, conditions and provisions set forth therein.
Dated: January 1, 2011
Lessor: JRT Limited Partnership and Terry Grazing Association
Lessee: Connell Resources, Inc., a Colorado corporation
Recording Date: August I, 2012
Recording No: Reception N . 3863177
20. Any existing leases or tenancies.
NOTE: The following notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed
with the Clerk and recorder. These statements are general and do not necessarily give notice of underground
facilities within the subject property:
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a. Tri-State Generation and Transmission Association, Inc., recorded December 31, 1980 in Book 924 at
Reception No. 1345715.
b. Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 at Reception No.
1570705.
c. Western Slope Gas Company,recorded March 9, 1983 in Book 990 at Reception No. 1919757.
d. Associated Natural Gas,Inc., recorded October 1, 1984 in Book 1045 at Reception No. 198.3584 and
recorded March 3, 1988 in Book 1187 at Reccpiion No. 2132709 and recorded April 10, 1989 in
Book 1229 at Reception No. 2175917.
e. Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 at Reception No.
1979784.
END OF EXCEPTIONS
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WIRING INSTRUCTIONS
Wells Fargo Bank
Wire Funds To:
Bank: Wells Fargo Bank
Address: 550 California Street, 10th Floor
San Francisco, CA 94104
ABA #: 121000248
8861646886
Fidelity National Title Company
Order#: F0466240-
Property Address: Vacant land,Carr,CO
On behalf of:
Closer Name: Title Only Harmony
If there are any questions regarding these instructions,please contact a Closing Officer or a Closing Assistant at
Fidelity National Title Company,3003 E.Harmony Rd.,Ste. 100,Fort Collins,CO 80528, (970)212-7750
****************PLEASE NOTE****************
Wiring funds to ANY account other than the account number listed above will result in the wire being
returned or rejected which could delay a closing or disbursement of funds.
***PLEASE NOTE***
In order to facilitate timely closing of this transaction please process as an outgoing
federal reserve wire transfer only!
ANY OTHER TYPES OF CREDITS RECEIVED WILL BE REJECTED UNLESS
PRIOR APPROVAL HAS BEEN OBTAINED.
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AFFIDAVIT AND INDEMNITY AGREEMENT
TO Fidelity National Title Company a Colorado Corporation and Fidelity National Title Insurance Company,a California Corporation.
1. This is written evidence to you that there are no unpaid bills, and to the extent there may be unpaid bills, that the undersigned
undertakes and agrees to cause the same to be paid such that there shall be no mechanics or materialmen's liens affecting the property
for materials or labor furnished for construction and erection,repairs or improvements contracted by or on behalf of the undersigned
on property:
legally described as:
See Attached Affidavit and Indemnity Agreement Legal Description
Property Address: Vacant land,Carr,CO
2. We further represent that to the actual knowledge and belief of the undersigned there are no public improvements affecting the
property prior to the date of closing that would give rise to a special property tax assessment against the property after the date of
closing.
3. We further represent that to the actual knowledge and belief of the undersigned there are no pending proceedings or unsatisfied
judgments of record,in any Court,State,or Federal,nor any tax liens tiled or taxes assessed against us which may result in liens,and
that if there are judgments,bankruptcies,probate proceedings,state or federal tax liens of record against parties with same or similar
names,that they are not against us.
4. We further represent that there are no unrecorded contracts, leases, easements, or other agreements or interests relating to said
premises of which we have knowledge.
5. We further represent that to the actual knowledge and belief of the undersigned we are in sole possession of the real property
described herein other than leasehold estates reflected as recorded items under the subject commitment for title insurance.
6. We further represent that there are no unpaid charges and assessments that could result in a lien in favor of any association of
homeowners which are provided for in any document referred to in Schedule B of Commitment referenced above.
7. We further understand that any payoff figures shown on the settlement statement have been supplied to Fidelity National Title
Company as settlement agent by the seller's/borrower's lender and are subject to confirmation upon tender of the payoff to the lender.
If the payoff figures are inaccurate, we hereby agree to immediately pay any shortage(s) that may exist.If applicable as disclosed or
referred to on Schedule A of Commitment referenced above.
The undersigned affiant(s) know the matters herein stated are true and indemnifies Fidelity National Title Company, a Colorado
Corporation and Fidelity National Title Insurance Company, a California Corporation against loss, costs, damages and expenses of
every kind incurred by it by reason of its reliance on the statements made herein.
This agreement is executed with and forms a part of the sale and/or financing of the above described premises,and is given in addition
to the conveyance and/or financing of the premises in consideration for the conveyance and/or financing, and forms a complete
agreement by itself for any action thereon.
SELLER: SELLER:
Terry Grazing Association,a Colorado Nonprofit
corporation
State of Colorado }ss:
County of Weld
The foregoing instrument was acknowledged,subscribed,and sworn to before me on by Term Grazing
Association,a Colorado Nonprofit corporation.
(SEAL) Notary Public
My Commission Expires:
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ATTACHED AFFIDAVIT AND INDEMNITY AGREEMENT
LEGAL DESCRIPTION
All of Section 21,Township 11 North,Range 67 West of the 6th Principal Meridian,
EXCEPT that portion dedicated as public highway as described in Deed of Dedication recorded July 27,2001 at Reception No.2869567,
County of Weld,State of Colorado.
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Fidelity National Title
� ie Insurance Company
COMMITMENT FOR TITLE INSURANCE
Issued by
Fidelity National Title Insurance Company
Fidelity National Title Insurance Company, a California corporation("Company"),for a valuable consideration,
commits to issue its policy or policies of title insurance, as identified in Schedule A,in favor of the Proposed
Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to
in Schedule A, upon payment of the premiums and charges and compliance with the Requirements;all subject to
the provisions of Schedule A and B and to the Conditions of this Commitment.
The Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy
or policies committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate 6 months after the Effective Date or
when the policy or policies committed for shall issue,whichever first occurs,provided that the failure to issue the
policy or policies is not fault of the Company.
The Company will provide a sample of the policy form upon request.
IN WITNESS WHEREOF,Fidelity National Title insurance Company has caused its corporate name and seal to
be affixed by its duly authorized officers on the date shown in Schedule A.
By: ((glut Alto ._L
s.
ry
Authorized Signature
Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land , „,
Title Association.
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