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<br />Form 2263
<br />Rev. 1 o/('i9
<br />~ III IIIIIIIIIIIIIIII
<br />STATE OF COLORADO
<br />Stale Board of Land Commissioners
<br />Dcpanwenn of Natural Resources
<br />Dcuvcr, Colorado 80203
<br />_________ r. t. A v --------MINING LEASE N O. ~3~~ ~-
<br />'PHIS MINING LEASE, Made in duplicate and entered into this 18th day of August 19 71
<br />by and between the State of Colorado, acting through its STATE BOARD OF LANU CODIMISSIONERS, hereinafter
<br />referred to as Lessor, and DENVER BRICK ~ PIPE CO. F(SSIGNED
<br />P. 0. Box 2329. Denver, Colo, 80201 , Itereittafler referred to as Lessee:
<br />WITNESSETII: Lessor, for and in consideration of the sum of ONE HUNDRED, FORTY-FOUR & NO/I00 - - -
<br />Dollars ($ 144.00 ), receipt of which is hereby acknowledged as payment oC filing fee in the anu>unt of $ 24.00
<br />and first year's rental in the amount of $ 120 00_, and in further consideration of Lcssce's agrccrnent to pay the
<br />following amounts annually as rental in advance ou the anniversary date oC this lease so long as s;+id lease shall remain in
<br />effect:
<br />LEASE YEAR _ RATE PER ACRE
<br />2nd $0.50
<br />3rd rr
<br />-rl
<br />4tlt
<br />5th and all subsequent years
<br />and in further consideration of the terms and cuudilions hereinafter slated, and of the payment of royaltiex 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 fur, ;uul mining for and taking CLAY - - - - - - - - - - - - -
<br />and associated minerals of value that can be removed in the process of mining and milling CLAY - - - - - -
<br />from the lands hereinafter described, situate, lying and being in the County oC Elbert ,
<br />State of Colorado, to wit:
<br />ACRL'S SUBDIVISION
<br />240.00 NE/4; E/2 Md/4
<br />SECTION TOWNSIIIP RANCG PATENTS
<br />10 B=South 62-West None
<br />Fund:School
<br />conlaining,24_Q,_O~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 frpm surface lessee's or surface owner's
<br />water wells or reservoirs; the right lu constn+ct buildings, make excavations, stockpiles, dumps, drains, roads, railroads,
<br />power lines, pi elites, and outer improventcnls as may be necessary; subject, however, to all existing easements and
<br />nghls-of-way of third parties, and the rights of sw face lessees and surface patentees, and further subject to the terms,
<br />conditions, and royahics set out in this Icasc.
<br />RESERVING, 1lowever, to the Stale of Colmadu:
<br />A. All rights and privileges of every kind and nature, except as arc herein specifically grarucd.
<br />B. The ri&hn (o use or least said premises ur any part thereof at any time fvr any purpose other than and not
<br />inconsstenl or inler(ering with the rights and privileges herein specifically grained.
<br />C. The right at all times during the life of this Icasc to go upon said premises and every part Ihcrcof, for the purpose
<br />of inspecting same, and the books of accuun(s and records of mineral workings Ihercin, and of ascer(aining
<br />whether or not said Lessee and those holding (hereunder, by and from it, arc carrying out the teens, covenants,
<br />and agreements in this Icasc contained.
<br />TO IIAVE AND TO 1101-D The above-described premises, with the appurtenances, auto the Lessee, its heirs, successors,
<br />assigns, or legal representatives, from Twelve o'clock loon on the 18th day of August Ig 71
<br />for the Cull term of Five ~ 5 ) yc;os, and until Twelve o'clock noon on the 18th day of August
<br />l9 76 ,and, except as hereinafter stated, as long thereafter as the minerals hereinabove designated arc heing produced
<br />in paying quantifies from said premises, and the roy;dties and rents provided Cor herein, or by any extension hereof, are
<br />being patd, subject to the following teens, conditions, and agreenren[s, to wit:
<br />1. Minimum Ro ally - As minimum and advance royally, without relation to the amount of minerals mined from
<br />t to case premises, the Lessees will p:ry to the Lessor the following amounts:
<br />LEASE YEAR MINIA1UD1 ROl'AI_TY .. LEASE YGpR A1INIMUM ROYALTY
<br />1st thr r 5 h _---- Noi1e-__
<br />Acreage changes resulting front surrender or p:+rtial assignment do not reduce the mininnun royalty propor-
<br />lionalcly. The Board will determine the minimum royalty.
<br />purther, al the end oC each five-year period, the Board may fix the rate of advance royally to be paid for each
<br />succeeding five-year period of the (ease.
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