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<br />:~: ;: ~ ~:' STATE OF COLORADO
<br />.. .....r; ..
<br />State Board of Land Commissioners ,
<br />.. Department of Natural Resources ~ - .
<br />Denver, Colorado 80203 -
<br />! ----_---.. r. t A v --------MINING LEASE N O. '~ 23~~ ~ ~ `
<br />THIS MINING LEASE, Made in duplicate and entered into this 18th day of August lq 71
<br />- , by and between the State of Colorado, acting through its STATE BOARD OF LAND COMMISSIONERS, hereinafter
<br />referted to as Lessor, and DENVER BRICK 6~ PIPE CO.
<br />' p`0- Box 2329. Denver, Colo. 80201 ,hereinafter referred to as Lessee: '
<br />WITNESSETH: Lessor, for and in consideration of the sum of ONE HUNDRED, FORTY-FOUR lk NO/100 - - -
<br />Dollars (S 144.00 ), receipt of which is hereby acknowledged as payment of filing fee in the amount o{ 5 24.00
<br />and first year's rental in the amount of 3 120.00 ,and in further consideration of Lessee's agreement to pay the
<br />following amounts annually as rental in advance on the anniversary date of this lease so long as said lease shall remain in
<br />'effect: .
<br />LEASE YEAR ~ '' ' ' ": " ~ RATE PER ACRE _
<br />.. 2nd ~ $0.50
<br />3rd n _
<br />.4th -~~
<br />. -:..~ ~ .. -ter
<br />5th and aB subsequent years ,
<br />and in further consideration of 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 exploring and prospecting for, and mining for and taking CLAY ' - - - - -
<br />and 35,;ociatedminerals of value that can be removed in the process of mining and milling (:TAY _ _ _ _ - - _
<br />' from the lands hereinafter described, situate, lying and being in the County of ~~ Elbert ,
<br />State of Colorado, to wit:
<br />ACRES SUBDIVISION SECTION TOWNSHIP RANGE PATENTS '
<br />240.00 NE/4; E/2 NW/4 10 8=South 62-West None
<br />. ,Fund: School
<br />containing 240.00 acres, more or less, together with the right to use as much of the surface thereof as may reasonably
<br />be required in the exercise of the rights and privileges herein granted, and the reasonable right to ingress and egress; the
<br />right to the use of all otherwise unappropriated water from said lands but not from surface lessee's or surface owner's
<br />water wells or reservoirs; the right to construct buildings, make excavations, stockpiles, dumps, drains, roads, railroads,
<br />power lines, pipelines, and other improvements as may be necessary; subject, however, to all existing easements and . .
<br />nghtsof-way of third parties, and the rights of surface lessees and surface patentees, and further subject to the terms,,
<br />' .~ conditions, and royalties set out in this lease.
<br />' RESERVING, However, to the State of Colorado: '
<br />A. All rights and privileges o(every kind and nature, except as are herein specifically granted.
<br />B. The ri~lrt to use or lease said premises or any part thereof at any time for any purpose other than and not
<br />inconsistent or interfering with the rights and privileges herein specifically granted.
<br />C. The right at all times during the life of this lease to go upon said premises and every part thereof, for the purpose.
<br />". of inspecting same, and the books of accounts and records of mineral workings therein, and of ascertaining
<br />whether or not said Lessee and those holding thereunder, by and from it, are carrying out the terms, covenants,
<br />and agreements in this lease contained.
<br />TO HAVE AND TO HOLD The above-described premises, with the appurtenances, unto the Lessee, its heirs, successors, .
<br />assigns, or legal representatives, from Twelve o'clock noon on the 18th day of August Iq 71 ;
<br />for the full term of Five ( 5 )years, and until Twelve o'clock noon on the 18th day of August
<br />19 76 ,and, except as hereinafter stated, as long thereafter as the minerals hereinabove designated are being produced
<br />in paying quantities from said premises, and the royalties and rents provided for herein, or by any extension hereof, are ~'
<br />being paid, subject to the following. terms, conditions, and agreements, to wit:
<br />1. Minimum Ro alt - As minimum and advance royalty, without relation to the amount of minerals mined Crom
<br />t. a ease premises, the Lessees will pay to the Lessor the following a.;rounts:
<br />LEASE YEA_R__ MINIMUM ROYALT_Y_ .. __ _ LEASE YEAR MINIM[JM.ROYALTY
<br />' ~ '. '~lst thru 5th -_-- None ~ ~~ .
<br />i' ,
<br />., .Acreage changes resulting from surrender or partial assignment do not reduce the minimum royally propor~
<br />tionately. The Board will determine the minimum royalty.
<br />' ' ~ .Further, at the end of each five-year period, the Board may fix [he rate oC advance royalty to be paid for each
<br />• ~ succeeding five-year period of the lease.
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