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Reception No. 5195-0 Recorded NOV 9, 1964 Vok 686 Page 726
<br /> 2: 50 O' Clock P.M.
<br /> GRAVEL AND CLAY AGREEMENT
<br /> This agreement made in duplicate and entered into on this 9th
<br /> day of November , 1965 , by and between the Schultz & Lindsay Construction
<br /> Co . , a North Dakota corporation, of Fargo, North Dakota , party . of the
<br /> first part and
<br /> GALEN L. AND THELMA JEAN HEADLEY & F.H.A . of Snyder
<br /> State of Colorado , parties of the second party,
<br /> WITNESSETH:
<br /> That the parties of the second part are the owners of the S 1/2
<br /> (A) , SW 1/4 SW 1/4 , NW 1/4 SE 1/4 , N 1/2 SW 1/4 , N 1/2 NW 1/4 , W 1/2
<br /> NE 1/4 (B) , Section 20 (A) and 29 (B) , Township 5N, Range 55 W, County
<br /> Morgan, State of Colorado .
<br /> First party desires to purchase from said second parties , Rock,
<br /> Sand, Gravel, and Clay from and off said land, the exact amount being
<br /> now uncertain and undetermined.
<br /> Now, therefore, in consideration of the premises and the sum
<br /> of One Dollar ($1. 00) , paid by the party of the first part to the
<br /> parties of the second part, the receipt whereof is hereby acknowledged
<br /> and the further agreement of the party of the first part to pay the
<br /> parties of the second part at the rate of Fourteen (14) Cents per
<br /> cubic yard or Ten (10) Cents per ton for all Rock, Sand, Gravel , and
<br /> Clay so removed by the party of the first part , the parties of the
<br /> second part hereby sells and conveys and agrees to permit the party
<br /> of the first part, .exclusively, to take and remove from said land
<br /> for the period of Two (2) years from the above date any and all Rock,
<br /> Sand, Gravel, and Clay it may so desire to take and remove the same
<br /> to be paid for at the rate above set forth and to be removed at the
<br /> expenses of the party of the first part.
<br /> Second parties hereby grant to the party of the first part, its
<br /> agents and employees , free ingress and egress to and from the point
<br /> or points where such Rock, Sand, Gravel, and Clay, is to be so removed,
<br /> by the party of the first part, it being expressly provided and under-
<br /> stood that the first party shall be the judge as to the point or
<br /> points from which said material shall be taken.
<br /> Unless otherwise incorporated in this document, no agreements
<br /> or understandings expressed or implied shall be binding on either
<br /> party. Overburden will be stripped and placed upon the leased area
<br /> at the discretion of the second party within a maximum haul of one-
<br /> half (1/2) mile. The pit sides will be sloped at completion of
<br /> the pit operation. Water wells located in Section 20 above may be
<br /> used by the first party solely for washing purposes until April 1,
<br /> 1965 , at which time the second party will need them for irrigation.
<br /> A one time advance royalty payment of Two Thousand Dollars ($2,000. 00)
<br /> will be made to the second party within Ten (10) days of the above date,
<br /> such payment to be credited against material removed at the above
<br /> price . The first party will pay only for aggregate hauled away from
<br /> said leased area , and is not responsible for any reject material. The
<br /> second party guarantees the first party hauling access east across
<br /> the portion of Section 29 owned by Mr. Harvey Rhoades . The first
<br /> party has permission to erect any or all equipment necessary for the
<br /> production of needed aggregate .
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