2017-01-18_REVISION - M1980049 ‎(3)‎

• Permit No: M1980049
• IBM Index Class Name: REVISION
• Doc Date: 1/18/2017
• Doc Name: Request For Succession Of Operator
• From: Delta County
• To: DRMS
• Type & Sequence: SO2
• Email Name: DMC
• Email Name: GRM
• Media Type: D
• Archive: No

RECEPTION#: 692025, 12/19/2016 at 02:52 :53 PM, 2 OF 7, R $0. 00
TERI A. STEPHENSON, DELTA COUNTY, CO CLERK AND RECORDER
2.1 Grant: The Harts give and grant to the County the exclusive right to mine,
excavate and quarry the sand and pit-run rock (gravel) from the deposit on the lands begin within
the SE1/4 of the SEI/4 of Section 31. T.5IN., R.6W., N.M.P.M. having a description based upon
a bearing of N.00°11'02"E. from the Section Corner common to Sections 31, 32, 5 and 6 to the
Section Corner common to Sections 29, 30,31 and 32 with all other bearings relative thereto and
being more particularly described as follows:
Beginning at said Section Corner common to Sections 31, 32, 5 and 6; thence along the
section line common to Sections 31 and 6 N.89°43'53"W. 443.42 feet; thence N.43°45"07W.
220.55 feet; thence N.29°19'03"W. 131.60 feet; thence N.14°09'47"W 250.82 feet; thence
N.22009107"E. 56.77 feet; thence N.I 1°42'49"W. 244.95 feet; thence N.70°03'00"E. 69.77 feet;
thence S.19018'26"E. 43.11 feet; thence S.56147'31"E. 40.59 feet, thence S.74°59'08"E. 50.83
feet; thence S.60°53'41"E. 184,82 feet; thence S.57°04'24"E. 153.45 feet; thence S.44°31'25"E.
121.50 feet; thence S.49°07'43"F,. 104.61 feet; thence S.32°25'42"E. 100.74 feet; thence
S.45054'00"E. 48.74 feet; thence S.65056'58"E. 48.74 feet to the section line common to
Sections 31 and 32; thence along said section line S.00°11'02"W. 292.28 feet to the Point of
Beginning,containing 8.743 acres,more or less.
TOGETHER WITH a thirty (30) foot wide Access Easement. being fifteen (15) feet on
each side of the following described centerline:
Beginning at a point from whence the Section Corner common to Sections 31,32,5 and 6
bears S.27°44'44"E. 1489.30 feet; thence S.02°41'32"E. 524.78 feet to the boundary of
previously described parcel.
The Harts retain the right to use the anticipated mining area as a staging area for a
pending pipeline project to be completed no later than May 2018, provided said use does not
prohibit or disrupt the County's mining activities. The Harts shall be responsible and liable for
any activities regarding his use of the property prior to the commencement of mining activities
by the County. The County shall not have any liability or responsibility prior to commencing
such mining activities.
2.2 Term: The term of this Agreement shall commence December 1, 2016 for five
years,and for so long thereafter as may be mutually agreeable to the parties,or until terminated,
according to paragraph 2.8. This agreement is contingent upon the receipt or approval of any
State and/or County permits required for mining to occur. Should the permits not be acquired,
this agreement will terminate without penalty. The County shall mine at its convenience, but
does not expect to begin immediately.
2.3 Gravel Royalty_: As royalty for the gravel so excavated, the County agrees to pay
The Harts the sum of one dollar ($1.00) per ton of gravel. Payments of this royalty shall be
made annually by the County to the Harts. The annual payment shall be due no later than 30
days after the start of the term or December 30. It is understood and agreed by the parties that
the County shall keep a record of the total number of tons of gravel removed from the grounds.
2.4 Minimum Royalty: As a minimum annual royalty for the first full year of this
Agreement is ten thousand dollars ($10,000.00), based upon the County not proceeding to mine
this year. For each twelve-month period thereafter the county shall pay The Harts the sum of five
thousand ($5,000.00) dollars per annum or$1.00 per ton for gravel mined, whichever is greater.
The minimum royalty is subject to annual appropriation by the Board of County Commissioners.
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