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<br />Farm 226-7
<br />n rn. 10/89
<br />ST.~TE Off' COLO~O
<br />Slate Hoard of Land Commissioners
<br />Department of Natural Resources
<br />Denver, Colorado 80203
<br />ROCK used Lor rip rap, road
<br />0 71998
<br />
<br />metal, ballast, decorative MINING LEASE N O, 3038/16-5
<br />rock and liullding stone School Fund.
<br />ISSUED IN LIEU OP EXTL•NSION OF MINING LEASL• N0. 2479/16-5
<br />TIi1S J1INING LEASE, M1lade in duplicate and entered into this 14L'It day of June Ig83
<br />by and be[ween the State of Colorado, acting though its STATE 60ARD OF L,\.VD COMJIISSIONERS, hereinafter
<br />refered to as Lessor, and COLORADO REFRACTORIES CORPORATION, P.O. Box 156]~~GNEL1 •~
<br />Carron City. Colorado 81212 , IrereinaCter refereed to as Lessee:
<br />WITNESSETFf: Lessor, for and in consideration of the sum o! --
<br />Dollars (S~), receipt of which is hereby acknowledged as payment of filing fee in the amount of S~,
<br />and lust year's rental in the amount of S ,and in further consideration of Lessee's agreement to pay :he
<br />following amounts arnua8y as retrial in advance on the anniversary date of this lease so long as said lease sltaU remain in
<br />effect:
<br />LEASE YEAR RATE PER ACRE
<br />2nd
<br />3rd ~ '
<br />4th ~ ~ '
<br />Silt and sU subsequent years ~-
<br />atsd in further consideration oC the terms and conditions hereinafter stated, and of the payment.of, royalties reserved
<br />herein, to be kept and performed by Lessee, its successors and assigns, does hereby demise and lease to Lessee the right
<br />and privilege of e:cploring aitd prospecting Cor, and mining for and taking rock
<br />and associated minerals oCcalue that can be removed in the process of mining and milling- the same
<br />from the lands hereinafter described, situate, lying and being in the County of Pueblo
<br />State oCColorado, to wit:
<br />ACRES SUDUIVISION SECTION TOWi13E11P R.1,YGc PATENTS
<br />640.00 All 3G 21 Soutlt 68 West None
<br />containing 640.00 acres, more or less, together with.the right to use as much of the surface thereof u may reasonably
<br />be required in the exercise of the righu and privileges herein granted, and the reasonable right to ingress and egress; the
<br />right to the use oC all otherwise unappropriated water from said lands but not from surface lessee's or surface owner's
<br />water wells or reservoirs; Ilse right to construct buildings, make excavations, stockpiles, dumps, drains, reads. railroads,
<br />power lines, pipelines, and other impravernents as may be necessary: subject, however, to all existing easements and
<br />ri¢htsof•svay of third pubes, and tlse rights of surface lessees and surface pa[entees, and further subject to the terms,
<br />conditions, and royalties set out in this lease.
<br />:tESERVING, However, to the State oCColorado:
<br />A. AU rights and privileges o(every kind and nature, except as are herein specifically granted.
<br />H. The ri,lrt to use or lease said premises or any Part tlrereoC at env tlme for any purpose other than and not
<br />inconsrs[ent or interfering with ttre dglrts and privileges herein specifically granted.
<br />C. The ri¢tst at all times during the life of this lease toga upon said premises and every part thereof (or the purpose
<br />oC inspecting same, and the books of accounts and records of mineral workings drerein, and of ascertaining
<br />whether or not said Lessee and those holding thereunder, by and from it, are carrying out the semis, covenants,
<br />and agreements in this lease contained.
<br />TO HAVE AND TO HOLD The above-described premises, with the appurtrnunces, onto the lessee, its heirs, successors,
<br />assigns, or legal representatives, frotrs Twelve o'=lock noon ors the 14th day of Jutse , ly 83 ,
<br />for the full term of ten _ (1(L) years, and until Twelve o'clock noon on the 14 tls day of Jutse ,
<br />1?i]_, and. except as hereinafter stated, as long thereafter as the minerals hereinabiav2 designated are being produced
<br />in paying cuantities from said premises, and the royalties and rents provided far herein, or by an}• extension hereof, are
<br />being pasd, subject to the fallowing terms, Conditions, and agreements, to svi[:
<br />1. M1finimum Rovaltv - r\s minimum and advaiscc royalty, without relation to the amount o(mirte:als mined from
<br />i. a easerTpre:::iscs, !hc Lessees ;vi8 pay to the ! e:se: the follnwinv amounts:
<br />LE.\SE YEAR \I1NI\IIlM ROY,\LTY LEASE YEAR >11NIJIUII ROYALTY
<br />1st tltru Stir None
<br />Ael!age changes resulting~ front surrender or partial assignment do not reduce the minimum royally propor•
<br />tionetely. The Board will eterntine the minimum royalty.
<br />Furtttar. at the end of each ti:e~~!ar period. lire i3o±rd may six tare rate of advance royalty to be paid for each
<br />succeeding five-year period of rite lease.
<br />~rhr~r/f-L
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