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2004-11-22_REVISION - M1978266
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2004-11-22_REVISION - M1978266
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Entry Properties
Last modified
6/15/2021 5:55:39 PM
Creation date
11/21/2007 11:35:08 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1978266
IBM Index Class Name
Revision
Doc Date
11/22/2004
Doc Name
Conversion Appl
From
Jackson County
To
DMG
Type & Sequence
CN1
Media Type
D
Archive
No
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LEASE AGREEMENT FOR THE <br />MINING OF SAND AND GRAVEL <br />THIS AGREEMENT, dated this r6ehday of April, 2002, between ROCKY <br />MOUNTAIN RANCH, LLC (hereinafter referred to as ("Lessor"), and the COUNTY OP <br />JACKSON, a public corporation existing wider the laws of the State of Colorado, (hereinafter <br />referred to as the (Lessee"). <br />1T 1S I-IEREBY MUTUALLY AGREED between the Lessor mrd the Lessee as <br />follows: <br />1. Lessor agrees to lease to Lessee the following described real estate situated in <br />Jackson County, Colorado, to-wit: <br />A parcel of land located in the northwest quarter of Section 15, Township 7 North, <br />Rmrge 78 West, of the 6th Principal Meridian, Jackson Cowity, Colorado, more <br />partieulazly described as follows: Begim~ing at the southwest corner of the tract, being <br />on the west line of said Section 15 and lying 263.15 feet north of the west quarter <br />corner of said Section 15, and being the TRUE POINT OF BEGINNING; thence <br />along the section lute North 00°06'52" West, a distance of 324.18 feet; thence leaving <br />the section line, North 38°17'49" East, a distance of 667.28 feet; thence North <br />66°43'48" East, a distarree of 80.00 feet; thence North 65°35'36" East, a distance of <br />351.06 feet; thence South 84°30'44" East, a distance of 114.60 feet; thence South <br />OS°27'35" East, a distance of 628.64 feet; thence South 29°44'45" West, a distance of <br />745.79 feet; thence North 06°11'23" West, a distance of 1,145.89 feet to the TRUE <br />POINT OF BEGINNING. Containing 19.09 acres, more or less. <br />2. Lessee shall have the exclusive right to mine, extract, remove and take tirom said <br />premises all the merchantable and marketable sand and gravel owned by Lessor which exists <br />in and under the above-described tract of laud, together with the right to remove any and all <br />top soil or "over-burden", above said sand and gravel. In addition, Lessee shall have fire right <br />to use such area and space as necessary for the construction of hoppers, bins mid stock piles <br />on said premises. All of the above-referenced rights are granted to Lessee without any <br />payment in addition to the payments specifically enumerated herein. <br />3. Lessor specifically covenants mtd warrants that it has legal title to the sand and <br />gravel mineral estates situated in and under the above-described real property. <br />4. This agreement shall be for the primary term of five (5) years from the date hereof. <br />5. This agreement is made and accepted for and in consideration of a surface danrage <br />fee of $35.00 per year, the first payment of which is hereby acknowledged, and further <br />payments of which shall be due during the term of this Lease upon the first four anniversary <br />dates hereof. All sand mid gravel mined and shipped for the use of Lessee time the said <br />premises herein leased, shall be paid for at the rate of six cents ($.OG) per cubic yard, <br />provided that, should Lessee sell azry sand or gravel mined from the said premises to any <br />person or entity not a party to this Agreement, Lessee will pay to Lessors twenty-six cents <br />($.26) per cubic yard. <br />6. The surface landowners shall have the right, during the term of this Agreement, to <br />remove sand and gravel from the premises, such amounts of gravel and(or sand shall be <br />agreed upon from time to time by the Lessee and surface landowners. Surlace landowners <br />shall only have the right to use such sand and gravel iu the operation_of their ranching <br />business mid on surface landowners' own property. - <br />7. Lessee shall maintain at its own expense cattlegum-ds and gates wherever any <br />roadway built by hin~• shall cut any fences of Lessor. Lessee shall construct lawful cattle <br />fences on the above-described preriiises at such extent and locations as have been agreed upon <br />by fire Lessor and Lessee or their designated representatives. The relocation or extension of <br />said fences shall be agreed upon by Lessor and Lessee or their designated representatives. <br />Lessee shall maintain said fences during the term of this Agreement, removing said fences at <br />the termination thereof. At the termination of this Agreement, Lessee shall backslope and <br />recover with topsoil, any excavation made by the Lessee to the satisfaction of Lessor. <br />
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