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SAND and GRAVEL LEASE <br />This Sand and Gravel "Lease (the "Lease"), is made and entered into this day of <br />2021, by and between Wyatt C. Kester and Carol A. Kester, 28360 County Road 18, <br />Blanca, Colorado 81123 (hereinafter "Lessor"), and RMS Utilities, Inc., a Colorado corporation, <br />6349 County Road 106.65 S Alamosa, Colorado 81101 (hereinafter "Lessee"). Lessor and Lessee <br />are each sometimes referred to individually herein as a "Party" or collectively as the "Parties.": <br />WITNESSETH: <br />WHEREAS, Lessor is the owner in fee simple of certain property and the mineral rights <br />(for excavation of sand and gravel) appertaining thereto, located in Costilla County, State of <br />Colorado, as more particularly described below; and, <br />WHEREAS, Lessor is desirous of leasing the Leased Premises to Lessee upon the terms <br />and conditions as contained herein; and, <br />Lessee is desirous of leasing the Leased Premises from Eessor on the terms <br />and conditions as contained herein. <br />NOW, THEREFORE, for and in consideration of the covenants and obligations contained <br />herein and other good and valuable consideration, the receipt and sufficiency of which is hereby <br />acknowledged, the Parties hereto hereby agree as follows: <br />DEMISED PROPERTY. <br />A parcel of land containing 8.13 acres, more or less, situated in a portion of the Trinchera <br />Colony Tracts 2-5 as shown on the plat of the Brennaman Estate Division of Land recorded <br />at Reception No. 209277 on 04/23/1997 in Book 349, Page 42 in the office of the Costilla <br />County Clerk and Recorder, all of which being positioned in the NWl/4 Section 28 <br />Township 30 South, Range 72 West, Sixth Principal Meridian, Trinchera Estates Survey, <br />so-called, Conejos County, Colorado, and more particularly described as follows: <br />Beginning at the Northwest corner of the herein described parcel, said point being the <br />Northwest corner of said Tract 4 and a point on the South Right -of -Way line of Costilla <br />County Road GG„ from whence the North Quarter Corner (N1/4) of said Section 28 bears <br />N00°23'01 "E a distance of 30.00 feet; <br />Thence S89°51'22"E along the South Right -of -Way line of said County Road GG and the <br />North line of said Tracts 2 through 4 a distance of 1005.09 feet to the Northeast (NE) corner <br />of said Tract 2; <br />Thence S00°24'53"W along the East Line of said Tract 2 a distance of 49.29 feet to a point <br />of non -tangent curvature; <br />Thence 1251,68 feet along the arc of a curve to the left having a central angle of 54'58'26" <br />and radius 01' 1304,54 feet. the chord of said curve bearincy S49°59'57" k` a distanc�f of <br />1204.21 fe t: <br />