WATERLINE RIGHT-OF-WAY - R-30137

WATERLINE RIGHT-OF-WAY - R-30137 COMPLETE LEASE FILE CONTENTS SDNY_GM_00173352 EFTA_00195007 EFTA01305252 80056f00V1.43 _ MEL 1.00 IND ANDS NEW MEXICO STATE LAND OFFICE Records Action Form for ROVV's Additional Scanning Requested By: Nick Jaramillo Contact NumberPhone#: 7-5773 Date g/P-4//P- Received By: ROW-DIVISION AREA SCANNING DEPARTMENT LEASE It CODE* PAGES POST SCAN RE-SCAN COM ARC NOTES: FORM TYPE SCAN DATE INITIALS R-30137 7 2 / l Green Paper clip ' 1 7 1 V Blue Paper clip a= 1.- I-ILee 04.4)sles d-ln tgietycatatu: LICICPPu.lAfet:indgitupoUA7takino NM:ewr°Lease Name --' 7_ Cate r---2',..4422---- CI Vernico-inials Date ir CODES and FORM TYPES: 9. Check List 18. Memo (Internal Memorandun 110. Collateral Assignment 19. Merger 11. Contract 20. Partial Assignment 12. E-Mail 21. OCD Info 13. Expired/Cancellation 22. Partial Relinquishment 14. Field Assignment 23.Plat 15.Field Reports-PRA 24. Relinquishment 16. Field Request 25. Waiver 17. General-Letter 26. Worksheet 1. Address Change 2. Affidavit 3. Amended Application 4. Amended Contract 5. Application 6. Appraisal-IPRA-YES 7.Assignment 8. Billing requesting a ReScan please Identity with a pos -no e which oc Is to be rescanned and add comments necessary EFTA01305253 Ray Powell, M.S., D.V.M. COMMISSIONER August 20, 2012 Sutin, Thayer, Browne P.O. Box 1945 Albuquerque, NM 87103 State of New Mexico Commissioner of Pad& Lana 310 OLD SANTA FE TRAIL P.O. BOX 1148 SANTA FE, NEW MEXICO 87504-1148 Ann: Stacy L. Camacho Re: New Mexico State Land Office Assignment for W-301371 Dear Ms. Camacho, COMMISSIONER'S OFFICE Phone (505) 827-5760 Fax (505) 827-5766 www.nmstatelands.org Enclosed is the approved copy of an assignment between Zorro Trust., as Assignor and Cypress Inc. as Assignee. If we can be of further assistance to you, please do not hesitate to contact this office at the above address or myself at 827-5773. Sincere Nick fa o, Management Analyst Right-of-Way Section Surface Resource Division Enclosures SDNY_GM_001 EFTA_00 195009 EFTA01305254 NEW MEXICO STATE LAND OFFICE ASSIGNMENT OF RIG -WAY AND EASEMENT Type of Assignment Partial (circle one) KNOW ALL MEN BY THESE PRESENTS: This agreement is entered into this' 16th day of December ., 2011 , between Zorro Trust as Assignor and Cypress, Inc., a Virgin Islands corporation of 9100 Havensight, Port of Sale, Suite 15/16, St. Thomas, Virgin Islands 00802 as Assignee. (Address) Assignor is holder of right-of-way and easement from the New Mexico State Land Office, by its Commissioner of Public Lands, designated as No. RW- 30137 dated September 6, 2006. (Original Approval Date) The amount of $ 1.00 and other • r ideration, the receipt of which is hereby acknowledged, Assignor does hereby convey r partial (circle one) rights, title and interest in and topi-111-1771 (Attach description or exhibit if applicable.) Assignor and Assignee acknowledge and agree that, unless agreed to by the Commissioner of Public Lands, Assignor shall remain fully liable for all damage to the subject trust lands arising from or in conjunction with Assignor use of the subject right-of-way; and that Assignee assumes all subsequent liability from the date of this assignment forward, and agrees to be strictly bound by all the terms of the assigned right-of-way as though those terms were set out herein. EXF(TED TH1 ciaof cert-ciwefe" ,20 I1 . BY: (Assignor) STATE OF '' COUNTY OF a The foregoing instrument was acknowledged before me this 16th day of Dornhor 2011 by Jeffrey Epstein as Trustee of the Zorro Trust uta March 1, 1993, as amended. (Name of Assignor) (Title of Officer, if appticab¢ qnd Name of C oration) My Commission Expires: tuNorary Pabliall ',irony 7'1.1 11: nc Now York No Z.11 0nailisid in iv/A:KIM County y Commis:lion Expires Feb. 17. 20' FEES 4 tOISLO 001-0000.1 SDNY_GM_00173355 EFTA_00 I 95010 EFTA01305255 BY: (Assignee) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 16th day of December 20 11 by Jeffery Epstein as President of Cypress, Inc., a Virgin Islands corporation. (Name of Assignee) (Title of Officel, if applicable an Name of C.-mondial& .-• • • • • • . My Commission Expires: Approved by me on 12/, 20/2-. FULL ASSIGNMENT 550.00 PARTIAL ASSIGNMENT 575.00 S-3I (Revised 03/2007) - • , Notary Stab, of new `trkt:...c& No 1 ;X:13f7 .320 50 ;Pop.. . Qualithd in tleclanti Count). ''' Com Mis3ien !mire: Fob. 17, 20 '• gsaritien :pF Tipp Lops ' ,,,,,,,,,,,, SDNY_GM_00113356 EFTA_00195011 EFTA01305256 STATE OF NEW MEXICO COMMISSIONER OF PUBLIC LANDS GRANT OF RIGHT-OF-WAY Right-of-Way Easement No. RW-30137 This indenture, made this 6th day of September, 2006 by and between the State of New Mexico, acting by and through its Commissioner of Public Lands, "Grantor", Zorro Trust whose address is 457 Madison Ave., New York, NY 10022 Grantee; WITNESSETH: That Grantor, for and in consideration of the sum of 512.969,00-- -Twelve Thousand Nine Hundred and Such? Nine Dollars and 03/100-----cash in hand, receipt of which is hereby acknowledged, and other good and valuable consideration, hereby conveys to grantee a right-of-way for the sole and exclusive purpose of water pipeline including the right to enter upon the real estate hereinafter described at any time that it may see fit to construct, maintain and repair the structures upon the right-of-way, together with the right to remove trees, brush, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said right-of-way. The right-of-way hereby granted covers a strip of land 30 feet in width in Santa Fe County (ies), as more particularly described by the attached centerline description and survey plats, which are incorporated herein. This grant is made upon the following express terms and conditions: 1. This right-of-way is granted for a term of 35 years. The grant may be renewed for additional periods upon application to Grantor, Any such renewals are subject to such terms and conditions as the Grantor may require, and payment of compeniation. 2. Grantor reserves the right to authorize or grant rights-of-way or other easements to third parties, which may be parallel to. cross over or bisect this right-of-way. In such cases, the subsequent grantee may, at the discretion of the Grantor, be required to post a bond guaranteeing payment for damages to the installations and improvements of Grantee herein. In crossing any right-of-way for a highway, road, telephone, telegraph, transmission line, etc. Grantee herein will exercise due care so as not to interfere with said rights-of-way and will comply with all applicable laws, rules, and regulations in connection with the making of such crossings 3. The right to grant additional rights-of-way or easements within this right-of-way belongs exclusively to Grantor. Grantor hereby agrees, however, that in the event Grantor elects to exercise such right and if Grantee herein is the New Mexico State Highway and Transportation Department, Grantor will secure in writing the agreement of subsequent right-of-way grantee that no facilities will be constructed or installed within the right-of-way subsequently granted without first obtaining from the Department a permit prescribing the conditions under which facilities may be placed within such right-of-way in accordance with the Department's applicable rules and regulations. GRANTEE EXPRESSLY AGREES THAT PRIOR TO THE CONSTRUCTION OR INSTALLATION OF ANY FACILITIES WITHIN THE RIGHT-OF-WAY GRANTED HEREIN, GRANTEE WILL DETERMINE WHETHER THE RIGHT-OF-WAY IS WITHIN A PREVIOUSLY S-25 (Revised 01/03/2000) SLO SCAN (2) DEC 16 1609 SDNY_GM_00173357 EFTA_00 I 95012 EFTA01305257 (2) Right-of-Way Easement No. RW-30137 ESTABLISHED NEW MEXICO STATE HIGHWAY AND TRANSPORTATION DEPARTMENT RIGHT-OF-WAY, AND IF IT IS, GRANTEE WILL OBTAIN FROM THE DEPARTMENT A PERMIT THAT PRESCRIBES THE CONDITIONS UNDER WHICH FACILITIES MAY BE PLACED WITHIN THE RIGHT-OF-WAY IN ACCORDANCE WITH THE DEPARTMENT'S APPLICABLE RULES AND REGULATIONS. GRANTEE FURTHER UNDERSTANDS AND AGREES THAT THE FAILURE TO OBTAIN SUCH PERMIT SHALL RESULT IN THE FORCIBLE REMOVAL BY THE DEPARTMENT OF ANY FACILITIES THAT MAY BE CONSTRUCTED OR INSTALLED WITHIN THE RIGHT-OF-WAY. 4. In clearing the right-of-way, Grantee agrees to dispose of brush and other debris so as not to interfere with the movement of livestock of state agriculture lessees. 5. All pipelines placed on said lands by virtue of this grant shall be buried not less than twenty inches (20") deep. An exception to this requirement may be granted on other than agricultural lands when hard rock is encountered which would require blasting, or when a temporary pipeline is necessary and will not unduly hamper other surface uses. Deviation of the twenty-inch depth must be shown on the plat accompanying the application for right-of-way or by the filing of an amended plat upon completion of construction. 6. Grantee hereby agrees to carefully avoid destruction or injury to any improvements or livestock lawfully upon the premises described herein, to close all gates immediately upon passing through same, and to pay promptly the reasonable and just damages for any injury or destruction arising from construction or maintenance of this right-of way. 7. Grantee shall not assign this right-of-way without the prior written approval of Grantor. Such approval may be conditioned upon the agreement by Grantee's assignee to additional conditions and covenants and may require payment of additional compensation to Grantor. This right-of-way is for the sole purpose stated and no other. Grantee agrees not to sell or otherwise grant to any person or entity any interest therein or the right to use any portion thereof. 8. The rights granted herein arc subject to valid existing rights. 9. Grantor reserves the right to execute leases for oil and gas, coal, and minerals of whatsoever kind and for geothermal resources development and operation, the right to sell or dispose of same and the right to grant rights-of-way and easements related to such leasing. 10. In all matter affecting the premises described herein or operations thereon, Grantee, its employees, agents and contractors shall, at their own expense, fully comply with all laws, regulations, rules, ordinances, and requirements of any governmental authority or agency, which may be enacted or promulgated, including, but not limited to, requirements or enactment's pertaining to conservation, sanitation, aesthetics, pollution, cultural properties, fire, or ecology, including those provisions of the New Mexico Cultural Properties Act, §§18-6-1 through 17, NMSA 1978, that attach criminal penalties to the appropriation, excavation, injury or destruction of any site or object of historical, archaeological, architectural, or scientific value located on state lands. In addition, Grantee, its employees, agents and contractors must comply with the provisions of the Pipeline Safety Act, §§ 70-3-11 through 20, NMSA 1978, and rules enacted pursuant to the Act, and agree to provide the Public Regulation Commission access to records of compliance. 11. Non-use of the right-of-way granted herein for any period in excess of one (1) year without the prior written consent of Grantor shall be conclusive proof of abandonment of the right-of-way, and non-use for shorter periods shall place upon grantee the burden of providing that there was no intent to abandon. S-25 (Revised 01/03/2000) SLO SCAN DEC 1 6 2:30 SDNY_GM_00173358 EFTA_00I 95013 EFTA01305258 (3) Right-of-Way Facement No. RW-30 137 12. Grantee, if other than a governmental entity that is provided immunity from suit by the New Mexico Tort Claims Act, agrees to save and hold harmless, defend and indemnify the State of New Mexico, the Commissioner of Public Lands, and his agents or employees, in their official and individual capacities, of and from any and all liability, claims, losses, or damages arising out of or alleged to arise out of or indirectly connected with the operations of Grantee, its employees, agents, or contractors hereunder. 13. Notwithstanding anything contained herein, Grantor may cancel this grant for violation of any of the covenants of this agreement; provided, however, that before any such cancellation shall become effective, Grantor shall mail to grantee or any approved assignee, by certified mail addressed to the post office address of Grantee or such assignee shown by Land Office records, a thirty (30) day notice of intention to cancel, specifying the default for which the grant is subject to cancellation. No proof of receipt of notice shall be necessary and thirty (30) days after such mailing, Grantor may enter cancellation unless Grantee shall have sooner remedied the default to the satisfaction of Grantor. 14. Grantee agrees to preserve and protect the natural environmental conditions of the land encompassed in this grant, and to take those reclamation or corrective actions that are accepted soil and water conservation practices and that are deemed necessary by Grantor to protect the land from pollution, erosion, or other environmental degradation. 15. Grantee agrees to reclaim by grading, leveling, or terracing all areas disturbed by the construction or maintenance of the right-of-way or operations thereon and to landscape such areas at its own cost and expense. Landscaping shall include the planting of native grasses, shrubs, or other vegetation so as to return disturbed areas to their natural state and prevent water and wind erosion. 16. This grant shall become effective upon its execution by Grantor. STIPULATION: 5-25 (Revised 01/03/2000) SLO SCAN DEC 16 4339 SDNY_GM_00 173359 EFTA 00195014 EFTA01305259 ACKNOWLEDGMENT STATE OF New.] .-- le- ) ) ss• COUNTY OF Ne. .A1 0 ,-*-- ) The foLegoing ingrument was acknowledged before me this 22"4 day of Au.scps /1/2 20S by Jettre y eesfr in , of a ons -fins.itc of said.ceeperatientust - My Commission Expires: LAUREN J. KWINTNER Notary Public, State of New York No. 02KW60i8686 Qualified In New York County Commission Expires November 39, 20 £k S-25 (Revised 0110312000) SLO SCAN DEC 1 6 iti) Y PUBLIC ..• ..... .. SDNY_GM_00173360 EFTA_00195015 EFTA01305260 NEW MEXICO STATE LAND OFFICE APPLICATION FOR RIGHT-OF-WAY EASEMENT Commissioner of Public Lands State Land Office P.O. Box 1148 Santa Fe, New Mexico 87504-1148 Dear Commissioner: (Highways, Roads, Telephone and Telegraph, Pipelines, Saltwater Disposal, etc.) Zoto (Name of applicant) a nk k.\-1 of (Address) hereby applieVormo ant- way ease nt for co ion and location of a 1i Tr) 0 - Ott \r, , orn 11* lb-11 taw Nonote \CI A a a, nal 4.:_:cei‘i•c1 (Type of line or facility. for pipeline give tad) It is requested that the right-of-way be -113A • 3(- feet wide as indicated on the attached two copies of survey maps or plats, shown in red, (except for saltwater disposal well easement applications.) the survey centerline and the length of the right-of-way measured in rods. Also, enclosed is the legal description of the proposed right-of-way allocated by 40-acre acts and a computation of the number of acres included in the proposed right-of-way. If the right-of-way is desired for a period other than thirty-five years. state the duration for which the grant is sought. One of the following is enclosed to cover payment for damages that might occur to the state land improvements of a surface lessee: A bond in the amount of $500.00 for a single right-of-way. 0 A blanket bond in a minimum amount of $2,500.00 is already on file with the Slate Land Office. Applicant desires to have bond waived by consent of the Commissioner of Public Lands. A waiver of property damage bond by the omen' surface lessee is enclosed. Enclosed is a check in the amount of $ art 4-14: CC) for (acres) (rods) at $ 30-CO per (acre) (rod), plus $100.00 application fee and $75.00 appraisement fee. (If applicable) The approximate dates for construction of facilities on the right of way ar from to IA CO,Q Applicant covenants and agree to abide by all laws and regulations of the. Land Office and to hold harmless, indemnify, and defend the Commissioner, his agents and lessees, in their official and individual capacities of and from any and all liability, claims, losses, or daniages arising out of or alleged to arise out of or indirectly connected with operation any grant made by the Commissioner. SLO SCAN DEC 1 6 2a (Page I of 2) Applicant By: Title:^11- ta SA" SDNY_GM_0017336 1 EFTA_00195016 EFTA01305261 ACKNOWLEDGMENT FOR CORPORATION STATE OF COUNTY OF N The foregoing instru 20S, by 4-ratk of 2rab (Name of Corporation Acknowledging) corporation, on behalf of said corporation. ) ) sn. ) M Commission Expires: b--r+-%Poro STATE OF COUNTY OF nowledged before me this day of ame of Officer) a sf Officer) (State of Incorporation) 14°NO ART PUBLIC HARRY I. BELLER Notary Public. State of New York No. 018E4 853924 Qualified In Rockland County IC) Commission Expires Feb. 17, 20 ACKNOWLEDGEMENT FOR NATURAL PERSONS ) )ss. ) The foregoing instrument was acknowledged before me this day of 20 by My Commission Expires: 06 (Revised 06/27/2001) int VJ.MVS 3!‘t! 1, fly:1 7ivis hi 8 WY h2 TIP 9UPZ SLO SCAN DEC 16 2U9 (Page 2 of 2) NOTARY PUBLIC cri T. ›-• c= —3 Lr, SDNY_GM_00173362 EFTA_00195017 EFTA01305262 NEW MEXICO STATE LAND OFFICE CONSENT TO RIGHT-OF-WAY AND WAIVER OF PROPERTY DAMAGE WTI'NESSETH: That ?ciao 6..A9 ( Nemo (s) of Surface Lessee and Spouse, if applicable ) • Grantor, for and in consideration of the amount of cash in hand paid receipt of which is hereby acknowledged, and/or other good and valuable consideration, does hereby waive filing of property damage bond as prescribed by the Rules and Regulatiops nofAhe Sift,ite Land Office, on the following described state land leased by Grantor under Lease No. (-IV, a'a ( Described state land by forty-acre tracts.) SUBDIVISON SECTION / TOWNSHIP / RANGE ACREAGE 16 lakicAin Oaf LA5 Grantor hereby consents to the exercise by Grantee, its successors and assigns, of all rights granted to it by a certain right-of-way agreement heretofore or hereinafter to be executed between the Commissioner of Public Lands of the State of New Mexico and the Grantee, with the understanding that the damages, if any occulting from the exercise of the rights therein granted, to any crops or other property of said Grantor SlIall% paid to said Grantor as agreed upon by the Grantor and Grantee. > o, > - 74. • r- Dated , 20 -I r-> ; WITNESSES: NAME itmc Mt, (1/4,V /dna ADDRESS NAME tic7 MM won ADDRESS SLO SCAN DEC islesGRANTOR/SURFACE LESSEE C-ri ADD 2 GRANTEE/RIG APPLICANT ADDRESS SDNY_GM_00173363 EFTA_00 I 950 I 8 EFTA01305263 SIMONS & SLATTERY 1 LI, 1' 'lianas A. Sims,* Wart P. Salton. Daniel* Moron Fat IA aorta Fain Kaman byes °mkt.. lcrmane AletiO Connors:no Dona Siontrdnlikady Seth I. Cohen en, Senora Howood Gila ta. II/puked Front Pod Croak September 26, 2006 VIA HAND DELIVERY Ms. Melissa Armijo Management Analyst Surface Resource Management Division New Mexico State Land Office 310 Old Santa Fe Trail Santa Fe, NM 87504-1148 Re: Right-of-Way Easement No. RW-30137 Dear Ms. Armijo: make anew P.O. eat =XI Sonia fe. NM WS024333 Son Welts: 1640A Od Pecos hal Sonia Et NM 17935 wic•MINNO begfrit== I. I attach for you the right-of-way easement, RW-30137, signed by my client for the Zorro Trust. Also enclosed is the Affidavit of Completion of Right-of-Way Construction, executed by the manager of Zorro Ranch. In the third paragraph of the Right-of-Way easement, we recognize that this easement applies to lands leased by Zorro Trust in Santa Fe County, not Lea County, as written. We authorize and request that you strike through "Lea" and insert "Santa Fe" by hand, then initial the charge. This, of course, was an inadvertent error. With these two documents I believe that the documentation to complete the wateriiiii n ht-of--way is complete. If I may answer any questions, please contact Brice at Zorro Ranch. Sincerely yours, 4Acii n't.(1-•-J Frank M. Bond FMB/gdg cc: Zorro Trust (w/encl.) WAS3631000103COMArmijo 092606 Grant of Right of Wayside SLO SCAN DEC I 6 A'A SDNY_GM_00173364 EFTA_00 I 950 19 EFTA01305264 PATRICK H. LYONS COMMISSIONER September 7, 2006 ZOITO Trust 49 Zorro Ranch Road Stanley, NM 87056 Ann: Re: Right-of-Way Easement No. R-30137 Dear Ms. Gordon; Enclosed is the completed Grant of Right of Way, and "Affidavit of Completion" form to be completed and returned to this office upon completion of the project. State ofgk&w Mexico Commissioner of Public Lands 310 OLD SANTA FE TRAIL P.O. BOX 1148 SANTA FE. NEW MEXICO 87504-1148 COMMISSIONER'S OFFICE Phone (505) 827-5760 Fax (505) 827.5766 www nmsiatelands.org If-prbs:corre.ctions are necessary, please let us know and we will retype or amend this lease as 'necessary. If you have any questions, please feel free to contact this office at the above address or at (505) 61.-5729. S' cerely, Melis ijo, Management Analyst Surf ource Management Division SLO SCAN DEC 1 ti 2009 *Mali. Land OIIIN Beneliciarks • C2ffit 71nky floSpha • Chatituble Pool Es Motto • Comm= Schools • Emsem NM Uniseniey • Rio Crash losprosoomm • Kiwis' Hospiwl of NM •NM Do» School • rim sishbne• unhane• • NM Imam/ of 'slinky & Tetimulan • Now Wok* What/ lastimc•NM School k4 si Deal • NM klool Sc. *e Visually 141~ • NM Sum Hophal • Nev Woke Saw thivetsity • Nantwn NM Cormaiy Collect • Penitentiary of Now Mesita • Polak Butklinos at Capital • SON RA Commission • Voistray of Nov Maim • UNOI Sant tat • Wale, ~flan • WO/ol New Make University SDNY_GM_00173365 EFTA_00195020 EFTA01305265 PATRICK II. LYONS COMMISSIONER August 17, 2006 Zorro Trust 49 Zorro Ranch Road Stanley, NM 87056 State of 91(cw Mexico Commissioner of Public Lands 310 OLD SANTA FE TRAIL P.O. BOX 1148 SANTA FE, NEW MEXICO 87504-1148 COMMISSIONERS OFFICE Phone (505) 827.5760 Fax (505) 827.5766 www.nmstntelands.org Re: Right-of-Way Application No. RW-30137 Dear Ms. Gordon, Please sign the enclosed gram of right-of-way and easement in the presence of a Notary Public and return to this office for approval. BOTH COPIES MUST BE RETURNED. Be advised that the grant must be signed by the applicant or a person authorized to sign for the applicant, such as an officer or authorized agent of a company or corporation. Please DO NOT DATE THE GRANT. It will be dated when the Commissioner's signature and official seal are affixed to the document. If any corrections are necessary, notify this office and we will retype or amend the grant as required. If we can be of further assistance, do not hesitate to contact this office at A'nc .erely, /14.. ut Anna V Manager Surfac ource Management Division Slo SCAN DEC 1 ti 2099 -Stale Land OrEct Beneficiaries • Came Tingley Hospital • Cloriabk Punt & Reform • Common Schools • Emma NM Unhonity • Rio Grande Imptoventre • Mimi Ho, iol WOO •NM Goys Seheol • NM Ilipldnicla University • NM INtiore d Minh, & Tedronlopy • New MUir0 MiLiary Inintne•NM School Far On Deaf • NM School for the Vistolly Handoopped • NM SUN Hospital • New Mexico SOH University • Natio NM Comannity COlkft • Penatadary or New Meth, • NINE 0ttikhims airaohal • Sore Put Cominlision • Univelsity el Nov Mexico • UNM Woe Loot • Nita Rennet's • erenct• New Malta Uniwrsiy SONY GM 00173366 — — EFTA (X1195021 EFTA01305266 LEASE Na- 30131 Date g -I -1-1/0 TYPE "EASEMENT" FOR 02.91di. 0O DATED PRICE PER ROD $ a.) ACRE ESMT OR WELL$ WIDTH 50 TERM 4.--- STIPULATIONS YES OR NO STIPULATIONS: TYPE OF RJW ----e------- SLO SCAN DEC 1 6 21139 MORE MONEY $ SDNY_GM_00173367 EFTA_00195022 EFTA01305267 PATRICK H. LYONS COMMISSIONER July 13, 2006 Zorro Trust C/o Zorro Ranch 49 Zorro Ranch Road Stanley, NM 87056 Attn: State of New Mexico Commissioner of Plate Lands 310 OLD SANTA FE TRAIL P.O. BOX 1148 SANTA FE. NEW MEXICO 87504.1148 Re: Right of Way Application No. RW-30137 Dear Ms. Gordon: COMMISSIONER'S OFFICE Phone (505) 827.5760 Fax (505) 827-5766 www.amstatelands.ors Your application for a new Right of Way has been received and'is being processed by the Surface Resources Management Division of The New Mexico State Land Office. Receipt by the New Mexico State Land Office of the application, fee, and/or accompanying payment does not constitute issuance.of a lease by the Commissioner of Public Lands. You will be notified when the lease application is approved or denied. Application fees are not refundable. Other payments submitted with your application will be deposited in a suspense account and will be refunded if the application is denied. The New Mexico State Land Office thanks you for your cooperation and we look forward to a successful business relationship. Please contact us at for Melissa Armijo or Gilbert Borrego, Surface Director, if you have any questions regarding the status of your application. incerelyt Melissa Jo, Management Analyst R/W ti. , Surface Resource Management DivisionSLL'"SCAN DEC 1 6 1339 Slate Land Office Beneficiaries • Carrie Tingley HOstneal • Shatienk Penal @ Reform • Comma Schools • Dime NM Unleash, • RIO Grande Imennetrow • Mims Hosgeol of NM •NM Pori School • NM Mabee, thivenin • NM malice of Minot & Technology • Nov Mexico MIEnry Insaime•NM School fog ale Deal • NM School foe the Visually Ihnsicapped • NM Snit Nospeal • Nen Mesito Sim @elm* • Plonhw NM Commons College • Pcmicallsly of New Malta • Nene Builthese ai Capin' • Snit Put Commisnon • Unkroky of New Mimeo • UNM Salim lank • Wrier Rettnlin • WOICie New Medea Univeuily SDNY_GM_00173368 EFTA_00I 95023 EFTA01305268 SLO SCAN DEC 1 a 1039 SDNY_GM_00173369 EFTA_00 195024 EFTA01305269 ZORRO RANCH 49 ZORRO RANCH ROAD STANLEY, NM 87056 TELEPHilli FAX: E MAIL July 6,2006 Reference: GR-2122 Mr. Leroy A. Ulibarri Surface Resources Division NM State Land Office PO Box 1148 Santa Fe NM 87504-1148 Dear Mr. Ulibarri, As per our conversation May 16, 2006, I have attached a completed application to Validate Improvements on GR-2122 with an attached description of said improvements. Enclosed the application fee of S30.00. The Application for Right-of-Way and survey has been submitted to Melissa Arrnijo If you require any further information please do not hesitate to call. Sincerely Ranch Manager SLO SCAN DEC 7 61539 N3 Cri SDNY_GM_00173370 EFTA_00 I 95025 EFTA01305270 NEW MEXICO STATE.LANTI OFFICE Application to Validate Improvements. 211)4C) 1Wb make application for the Commissioner of Public Lands' validation of improvements placed on nate oust lands held under Agricultural Lease No. GRtQQa described below. These improvements were place on state trust lands without the prior written commit of the Commissioner of Public Lands. Subdivision Section Township Range Acres 16 12Oi1n oq h /40 . • • • _ • • Please list any federal.shleor other cost-share programs ;evolved with developing the improvements and any recovery provisions: Indicate below the separate costs expended by yourself and any federal or state agency: Amount paid Amount paid Amtesdnue nods by Lessee by cost share and year builtBarns, stables and corrals Wells (give depth & description) :ewes (give length and kind) Windmill Water riglus Pipeline I<Th .. AtTADA 117.suifiDn s M.:Vre s •••• W s C Other improvements Cr) C—C- -3 -o Lessee • ^ Crt Lessee Lessee Commissioner of Public Lands, hereby give my consent to the above lessce(s) to validate improvements as listed above, (Any changes In valuations will be shown on an attachment). Validation date SL0 SCAN DEgibrINONIER OF PUBLIC LANDS Application fee: 530.00 6./C HSVd sevaoSLVIV'OI '140u4DOiadnoill9TP (5-AVN EFTA_00 I 95026 EFTA01305271 ZORRO RANCH 49 ZORRO RANCH ROAD STANLEY, NM 87056 TELEPHONE: F • E MAU. July 6, 2006 Reference: GR-2122 Water Pipeline — Section 16. Township_12 North. Range 09 East: Construction - 3 inch PVC pipe Depth — 4 feet Use — to provide water for domestic, irrigation and livestock from Dakota Well # 7871, terminating at a 25,000 gal reservoir Total Length of Pipeline Crossing thru GR-2122 — 7132.36' Approx Cost of Pipeline Crossing dim GR-2122 —S19,333.00 Please Note: A completed centerline survey plats and Right-Of-Way Easement application was submitted to Melissa Armijo of R/W Section, Surface Resource Management Division on July 7, 2006 Sincerely - A Ranch Manager Crt SLO SCAN DEC 1614.39 SDNY_GM_00173372 EFTA_00 195027 EFTA01305272 ZORRO RANCH 49 ZORRO RANCH ROAD STANLEY, NM 87056 TELEPHONE: F • E MAIL: July 6, 2006 Commissioner of Public Diners State Land Office P.0 Box 1148 Santa Fe NM 87504-1148 Reference: Water Pipeline Section 16, Township 12 North, Range 09 East Dear Ms M. Armijo, Reference your letter dated April 13, 2006, concerning an unapproved water pipeline installed for domestic and livestock purposes. Attached is a completed Application for Right-Of-Way, Centerline Survey Plat, Waiver of Property Damage, check for $13,144.00 (based on 432.3 rods at $30.00 per rod) and check for $100.00 (application fee). If there are in questions or concerns please do not hesitate to call Sincerely 7 , Range Manager SLO SCAN DEC 1 6 2033 SDNY_GM_00173373 EFTA_00 I 95028 EFTA01305273 NEW MEXICO STATE LAND OFFICE AFFIDAVIT OF COMPLETION OF RIGHT-OF-WAY CONSTRUCTION Zorro Trust of (Name of Individual or Entity Holding Right-of-Way) 457 Nadi ;inn Aw New York, New York 10022 (Address) holder of Right-of-Way No. RW-30137 issued for construction operation and location of a Right of Way Easement (type of right-of-way) hereby certifies that construction of the subject right-of-way has been completed, and that all guidelines of the State Land Office relating to reseeding and reclamation of disturbed areas have been or will be followed. OR No construction was required as the right-of-way is for an existing A honied Representative Manager Position ACKNOWLEDGEMENT STATE OF HEW MEXICO ) ) SS. COUNTY Santa Fe ) The foregoing instrument was acknowledged before me this 21st day of Septoinktr 20 06 by Brice Gordon gEe,, rait '' -74 of Zorro Trust cable, - \ .11 .. r ..':!.. 0 and name of Corporation) (Title of Officer, if applicable, • ..j,• 1.. ';'04..0 : r - • ( ITI, 2 slim t 2 Expires: i i 7 2 oe,c 1—/1 a :t. ' ,.,-. • 1,-.4_ a ‘.. . .: : i Notary Public 1.16 I f *: to • J .6 ., .' ' \ Ote.r 10,0 4Sc_ /iffidavit of Completion. Upon the completion of construction of any ",ri " Ply,ay; the applicant shall promptly file with the Commissioner of Public Lands an AfircTiNii of Completion. Failure to file such Affidavit in accordance with this section shall subject the right-of-way to cancellation in accordance with the provisions of these rules. S-63 (Revised 01/03/2000) SLO SCAN DEC 1 8 104 SS.INY taM OU1 (4 EFTA_00195029 EFTA01305274 wst-itto Ihl 41•••••• ._I_ ba. le 40 SAW *On I; pen la hag 4444.444filt P. nen, 1.•• 440.••• kA.OC4 •• Di Of MY Yin u. 1•444•4 tee :St •ams es me tt9 4.44 eies .101 In 404 nen an Nal n"• ••••••• WI a 4-4— •••• -- nom Oa -sem.• se. ninon. 644., 40•414•4' " 21•4 IS nolo al II *Vet {Old ( OM I AP WOO YAW Iron an, 44.4 1. 41 rollitUela4.44 a 4 rallictiralt `44413• Naa lanasiT M. I N Inn Minn - —. min 4 en evioamaittUla I ...ay, mu,. nag • I— - le I 44 44 044 S Man n bel 0.44 4. - 4 nel 440.044,• 4dt:test. t ;#0 Tr.= ./."Te. • sun" 4•54•••1 Crt o. r • •in— n'a • • • — — - ••• /SOL as 4444 414 41444 Inns. 5 _ 11 / Ili •Valattler2an•WILIIII:415•02V41476:4 • • -.5,•:.1.1=4.7.1:674.•••te ;rant "11411rallhil;r• -104c4-74rSVISCr -Vn114:41&F.7.Z " YwP 1• rz )'a .r."."7 • -4;trenorwrw,w: 1..war,...;:szt...tur sec ...,..2,=,......;--pc•-..... ... raja.. rasa. ••• Ili wig. ••••••••=wo.....4 4.-:;"*..:^-741=1: :cm= 1.112;4174.••• "It" Th.‘b ... -masa- - — -I0 £056 I 00-V.Ld3 yA EFTA01305275 CONFIDETIAL DOCUMENTS PRIVILEGED AN 1ONFIDENTIAL MATERIAL -THIS MATERIAL IS N4O BE INCLUDED IN ANY LEASE. CONTRACT OR OTR FILE OR RECORD AVALIABLE TO THE PUBLIC. IT Is/ f BE DISCLOSED ONLY BY EXPRESS WRITTEN (DER OF THE COMMISSIONER List of confidential Materials redard froin this lease file: -3o131 (A copy of this list may be providj to the public during inspections of public records) I 3Meld retort it :„.. t 19 (..p 7i 8', 9 10 11 12 13i 14.1 15 16 1 17 1 18' 19 I 20 --1 SDNY_GM_00173376 EFTA_0019503 I EFTA01305276 NEW MEXICO STATE LAND OFFICE REQUEST FOR FIELD ASSIGNMENT DirE TO FIELD DIVISION: 4,OJESTING DIVISION: LEASE NUMBER: NAME OF OF LESSEE/APPLICANT: ADDRESS: g5S7jZte c4dddcska C-72042 DESIGNATED CONTACT: Asaete.-.4--.dt*s1PHONE: oar cir„g.7- 047,5-ADDRESS: 451 FIELD DIVISION CONTROL NO.ac---- BY: TYPE OF REQUEST a 7" A/is' looeRa /177 A7 LEGAL DESCRIPTION: SECTION TINE RANGE COUNTY _096 A9A-te74 REMARKS 4e— cP-42 a 32.14,e) ah.4274--- ;AT .ETURNED TO REQUESTING DIVISION/BUREAU: 7 -.3 -e DISTRICT RESOURCE MANAGER RECOMMENDATION: rat +11.../2/iitog i La.A24 11..;LO /S0147 3OR Grit *V 13,9. o Strazii. a .7/ So _94 Az) *cued Lt. latteplO -6 -mi._ 4thif r61411d.Ktme... Wthy,e.t.d./144AP A.14trwia Aitimv-nancp(ait o .PPROVE ION: FIELD DIVI,ON) (REQUESTING DIVISION 7 27/04 ( O NOT APPROVE RECOMMENDATION: (Please stale reasons) • cnoN TAKENtY REQUESTING DIVISION: VIM RETURNED TO DISTRICT RESOURCE MANAGER: 89 Revised: II/I/99 SLO SCAN UDC 16 zug SONY_GM_Poi73377 EFTA_D0 I 95032 EFTA01305277 NEW MEXICO STATE LAND OFFICE REQUEST FOR FIELD ASSIGNMENT DATE TO FIELD DIVISION: i , I I • FIELD DIVISION CONTROL NO. JESTING -311 LEASE NUMBER: , • 7( TVPE OF REQUEST: NAME OF LESSEE/APPLICANT: ADDRESS DESIGNATED CONTACT: ADDRESS: BYt_ ,( 1 /7 /9 AI ,1; ••••- PRONE: ;'- •-7 - / • , LEGAL DESCRIPTION: SECTION • /1, RANGE COUNTY eicir /L• REMARKS: D :ETURNED TO REQUESTING DIVISION/BUREAU: 7 -3/ DISTRICT RESOURCE MANAGER RECOMMENDATION: I. "rt. ..) a. of Lr I ;et 3S4 • ?Jo dig"! 3 t, ci Li ,2L • zitif.t u.(1., IN v jc:At f-ki; • 4. 'ILL/ PA-LAY 4,11.24 Cenci' .11 ktla (.41;Ci i , .4; -Ln4.• /it"? LJ: t c. J.; .t is :44. 41:(14.17064.1-47: / /. IPPROVE RECOMMENDATION: FIELD DIVISON) gy if)I (REQUESTING DIVISION '0 NOT APPROVE RECOMMENDATION: (Please state reasons) CTION TAKENTIY REQUESTING DIVISION: •-• • I lir— • ".• crt.y As X Q %.) / 1 \ ..'yj f LTF a,a1TUFtNED TO DISTRICT RESOURCE MANAGER • " : 49 Revised: 11/1/99 SLO SCAN DEC 1 0 Aug • SONY_Gm_001.733 78 EFTA_00195033 EFTA01305278 NEW MEXICO STATE LAND OFFICE REQUEST FOR FIELD ASSIGNMENT Ws! TO FIELD DIVISION , L r FIELD DIVISION CONTROL NO R.E..e.rESTING DIVISION: 6Y'. LEASE NUMBER: TYPE OF REQUEST: NAME OF LESSEE/APPLICANT: ADDRESS: DESIGNATED CONTACT: PHONE: ADDRESS: LEGAL DESCRIPTION: SECTION TM' RANGE COUNTY REMARKS: DA'. ETURNED TO REQUESTING DIVISION/BUREAU. MSTRICT RESOURCE MANAGER RECOMMENDATION: ci i. PPROVE RECOMMENDATION: FIELD DIVLSON) (REQUESTING DIVISION ) O NOT APPROVE RECOMMENDATION: (Pleanstate rasoas) CTION TAKENWREQUESTING DIVISION: ITE RETURNED TO DISTRICT RESOURCE MANAGER: S9 Revi.red: 11/1/99 CLO SCAN LC 7 6 gm • • SDNY_GM_00173379 EFTA_00 195034 EFTA01305279 PATRICK H. LYONS COMMISSIONER JULY 26, 2006 TO: ATTENTION: THROUGH: FROM: SUBJECT: MARCUS J. GARCIA, SANTA FE DISTRI RW-30137. ZORRO TRUST. NEW RIGHT-SF-WA APPLICATION FOR A TRESPASS DOMESTIC USE WATER PIPELINE State of Vw afealco Commissioner of Public Lath 310 OLD SANTA FE TRAIL P.O. BOX 1148 SANTA FE, NEW MEXICO 87504-1148 COMMISSIONER'S OFFICE Phone (505) 827-5760 Fax (505) 827-5766 www.nmstatelands.org MJG-1196 GILBERT BORREGO, SURFACE RESOURCES DIVISION MELISSA ARMJO RIGHT-OF-WAY BUREAU BRIAN HENINGTON, FIELD OPERATIONS SIGN / SYNOPSIS This new application is to approve an existing domestic use water pipeline that is in trespass. The recommendation is to approve the application at the offered value of $30.00 per rod and to acrss an additional $30.00 per rod penalty for the trespass. The easement should be 10 feet wide and be issued for a 35 year term. A cultural resource survey for the corridor is also recommended. See the REMARKS section for additional information. LEGAL DESCRIPTION Section 16, Township 12 North, Range 9 East, N.M.P.M., Santa Fe, County, New Mexico; containing 432.30 rods or 7,13236 feet, more-or-less. LOCATION This state trust land section is located in south central Santa Fe County between Galisteo and Stanley, New Mexico. The section abuts fee land and lacks public access. 'UGLIEST AND BEST USE Highest, best and current use is estimated to be livestock grazing. ESTIMATE OF VALUE Valuation of pipelines easements on state trust lands in Santa Fe County (Central Quadrant) are based on fair market value, as per the Pipeline Easement/Right-of-Way Price Schedule currently in effect. Since sale disclosure is not required, private land market data for land sales and -State cries - Carrie O.4k7 Betspitel • Charitable Pima & Acton, • Comma schools • isclotIlUo Grande lapronnwal • MMus' Nemplial of NM •NM Don School • NM Highlands Wm/shy • NM butte of MLA% & Technology • Now Mexico Mi hwiluic•NM School for the Deaf • NM School for etc Vista IlaSicapped • NM Si.. liosphol • New Make Siam UM•crsity • Nathern 'Is college, • Peolcuolary of New Mc*ico • Palk BMIctiow 01 CaPtil • Suss Pork Cononission • U•ivenlry or New Maim • UNM Solis loads • W {WA's.* New Wilco thlivenky SDNY_GIVI_001 M80 EFTA_00 I 95035 EFTA01305280 JULY 26, 2006 -2- MJG-1196 easements, etc. is not readily available to the public sector and when discovered, it is difficult to confirm all pertinent data. This problem is magnified when some private land contracts specifically stipulate non-disclosure. The applicant has offered $30.00 per rod for this water pipeline and the recommendation is to accept the offer. The center line survey for the corridor refers to a 20 foot wide easement, but this is excessive for a buried 3 inch PVC pipeline. A 10 foot wide easement should be sufficient and this is the recommended width in addition to a 35 year term. REMARKS I documented this trespass while on another field evaluation within the ranch unit. The recommendation is to issue the right-of-way and to assess penalty of $30.00 per rod in addition to the offered fee of $30.00 per rod. The penalty is justified since there are other instances where the lessee has installed practices or built infrastructure without approval from this office, and presumably, ranch personnel are ignorant of or conveniently opt to ignore required permitting applications. Water is pumped from a well (referred to as the Dakota Well, indicating the geologic formation from where the water is mined) located on private land on the adjacent Section 17, to the lessees' house approximately one and a half miles to the northwest Although the State Engineer permit is for domestic and livestock use, the primary purpose is domestic. It is the more intense or higher use, which also justifies the recommended trespass fee. Although ground disturbance has already occurred, it is recommended that the lessee submit a cultural resource survey for the corridor. This undertaking may have bad an effect on the cultural resource assets of the Trust. Prior to approval for the placement of such an item on state trust land, an archaeological survey is required. Because the waterline is already in place, the archaeological fieldwork will have to include a complete survey of the entire waterline route as well as a damage assessment of the possible negative effects the installation may have bad on any cultural resources identified by the survey. For finther information regarding these requirements, the lessee may contact David Eck, Trust Land Archaeologist (827-5857). MJG Attaclunents S'..0 SCAN li,C162C39 SDNY_GM_00173381 EFTA_00 195036 EFTA01305281 DIGITAL IMAGES — MJG-1196 Looking northwest from the SVPASVA of Section 16. This image shows the subject corridor and note that a 10-foot wide easement should suffice. SDNY_GM_00173382 EFTA_00 I 95037 EFTA01305282 no fi 1'1.4t 4 stir 19 • . _ 21 I '•• 106•00• imam in' Wan' I Kappa. e0440. and Mashed by On Gialtadtal Sown 0200.•$1.1145 bad YnC605 Towson 1PV Onsidneowinc owns% I_ •••0 NO4p4OM 11000 1964. 2:06 ebeCO2 1900 Nticaot2.00.0.. WO nes /sae Os io.003nam V14 4W an Nn Hn. mann se nun. tali* was ICCOas Was' tesnontse *nth+ sod 1.0f. MS.. ea low Foe nit emWed Nati 0.1•19 WWI.. SOWS Ian . i y •,. 3 . • 3 d • .4 .4...- '. — I . . *tiros .. . ' -:-/ 14-- ' ' '-) : - •—''--- -- '--- 't- e I ........--Th • ..----napft. _ ”--: &SO 1 I ata'.--1 , .. i ii - 4.- 7 P i E. . k-I .,I •- 7 t .ii if lc • lit. /r -ti •• • -ri iva.• I as. II I. IP en. Nu atmti it ni CM") 11144 %PAW{ SW. Ilatou••• .4 Clain CO 6.yei . • "7\2',.; - Celt°C.> r •••. H I aisAMnise SCALE 12.I —= Bede. ').-17••••• . 2-I not „, I it tat • MO axe km S NI Sill' O 410200 CONTOU0 NOMINAL 20 MT MTIOut <1.000C atCal OL94 OP m$ Sntato SW SCAN • anansul was EFTA (x1195035 EFTA01305283 DATE TO FIELD DIVISION .F.STING DIVISION: LEASE NUMBER: NAME OF LESSEE/APPLICANT: ADDRESS z/5-7 DESIGNATED CONTACT: ADDRESS: 4? LEGA,. DESCR)PTION: ....AV MEXICO STATE LAND O IMO.. REQUEST FOR FIELD ASSIGNMENT - / 3-0 (a FIELD DIVISION CONTROL. NO. BV: TYPE OF REQUE.ST 2 4$2.1.4•146 a7112° . SECTION TWP /6 /a ,c1 dioacala PHONE: tOc- 38,P - .2676 late-2% AMI R 7e6? , RANGE 096 COUNTY gaiL 1/4 .?° REIKAKKS- eia Di( lETURNED TO REQUESTING DIVISION/BUREAU - DISTRICT RESOURCE MANAGER RECOMMENDATION: APPROVE RECOMMENDATION: FIELD DIVISON) (REQUESTING DIVISION ( )0 NOT APPROVE RECOMMENDATION: (Please state reasons) CTI0N TAKEN UV REQUESTING DIVISION: ATco.ETURNED TO DISTRICT RESOURCE MANAGER. 89 Raised: I1/1/99 SLO SCAN DFC 18 mg SDNY_GM_00113384 EFTA_(() I95039 EFTA01305284 EFIA_00 195040 EFTA01305285 AGRICULTURAL LEASE - GR2088 COMPLETE LEASE FILE CONTENTS SONY_GM_00173386 EFTA_00195041 EFTA01305286 RECORDS ACTION FORM LEASE -Z 11.,,;.a37aZiLlii".34.;?..:11tVgjer‘ - -1' 5- • • • S-5;:1--P • -7-7. ----5,7.C.435':tt, ,:yri v. .. • ..4.1.;Zt-CL,P•Zr_e---Artir • • , j ..,•: . , - - • - - -. - iiL•ya‘ :;7 •••' - ..-tc_tigni, •;.:7A5,-•t ;rt.: - - -,-- - /4111465 -, la —R7c, - - Date - range By Code # Pages Post ,• Scan MF Arc Comments Received By ce aelitaDate Scan Date Initials Approved Date -'11-/41 Acquested uctr=0,1 0.3 g.-- ✓ 7 (1-‘S 1to 4---- /0 a_ i.-- (kx i t (-Is-(b it) 0..... C. V- 2 \C kli side tt-tr-tt - ,/ n1 X r-tot at, ikts<ic. . it !o/ x e 4 . £'/9Q r hil CT/ 114 Sit? fki 104 1. Contract 2. Memo to file 3. Improvements 4. Assignment 5. Notes to file 6. Change of Address 7. Sublease R. Notice 9. Field Report 10. General Corresp. 11. Bid SDNY GM 00173387 _ EFTA_00 195042 EFTA01305287 THE CONTENTS OF THIS FOLDER HAVE BEEN PREPARED FOR IMAGING. PLEASE TAKE SPECIAL CARE NOT TO REARRANGE THE CONTENTS AS YOU WORK WITH THE FOLDER. IF YOU THINK YOU MAY HAVE GOTTEN IT OUT OF ORDER, no bid deal. but PLEASE CONTACT MARY DUBOSE OR OTHER AGRICULTURAL LEASING DIVISION STAFF ABOUT HOW TO REASSEMBLE. YOUR COOPERATION IS MUCH APPRECIATED. LEASE DATE OF PREP EFTA_00195043 EFTA01305288 This is a Pa ch i type sepa a or sheet. 1 11 0 11 1 Form Type = citogra type 0acode tcBid" This is a Patch I type separator sheet. 7 < 0 a U. * Portrait Feed New Form Follows... I 111111 J1111,11111 o Landscape Feed Printed 011 7/6/2001 11:49:21 AM CepppMOKoda. Mugs Products 19041999 SDNY_GM_00173389 EFTA_00 195044 EFTA01305289 NEW MEXICO STATE LAND OFFICE COMMISSIONER OF PUBLIC LANDS NEW MEXICO STATE LAND OFFICE BUILDING P.O. BOX 1148, SANTA FE, NM 87504-1148 AGRICULTURAL LEASE LEASE NO. GR2088 THIS LEASE, DATED OCTOBER 01, 2016 , IS ENTERED INTO BY AND BETWEEN THE COMMISSIONER OF PUBLIC LANDS, NEW MEXICO STATE LAND OFFICE, STATE OF NEW MEXICO, HEREINAFTER CALLED "LESSOR" AND: CYPRESS INC., A VIRGIN ISLANDS CORPORATION HEREINAFTER CALLED "LESSEE(S)", WHOSE ADDRESS OF RECORD IS: 49 ZORRO RANCH ROAD STANLEY, NM 87056 LESSOR AND LESSEE AGREE AND COVENANT AS FOLLOWS: 1. LEASE. FOR AND IN CONSIDERATION OF AND SUBJECT TO THE RENTALS AND THE TERMS, COVENANTS, CONDITIONS, AGREEMENTS, OBLIGATIONS, AND RESERVATIONS CONTAINED IN THIS LEASE AND ALL OTHER EXISTING RIGHTS, LESSOR GRANTS AND LEASES TO LESSEE AND LESSEE TAKES FROM LESSOR THE TRACT(S) OF LAND DESCRIBED IN EXHIBIT A, ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. THIS LEASE IS GOVERNED BY 19.2.8 NMAC(RULE 8). 2. TERM. THE TERM OF THIS LEASE SHALL BEGIN ON OCTOBER 01, 2016 AND SHALL EXPIRE AT MIDNIGHT SEPTEMBER 30, 2021. 3. RENT. THE ANNUAL RENTAL SHALL NOT BE LESS THAN THE MINIMUM RENTAL ESTABLISHED BY SECTION 19-7-29 NMSA 1978 AND SHALL BE PAID IN ADVANCE FOR EACH LEASE YEAR AND RECEIVED IN THE STATE LAND OFFICE ON OR BEFORE OCTOBER 1. THE ANNUAL RENTAL FOR GRAZING LAND SHALL BE DETERMINED AS FOLLOWS : ANNUAL RENTAL BASE VALUE X CARRYING CAPACITY X ACREAGE X ECONOMIC VARIABLE INDEX (EVI), AS DEFINED BY SLO RULE 8 "RELATING TO AGRICULTURAL LEASES" (19 N.M.A.C. 3, SLO 8.11). IN NO EVENT SHALL THE PRODUCT OF THE APPLICATION OF THE EVI, FOR EACH SUCCESSIVE YEAR OF THE LEASE TERM, BE DECREASED OR INCREASED BY MORE THAN THIRTY-THREE AND ONE-THIRD PERCENT.IN THE CASE OF GRAZING RENTAL OFFERS ON OPEN ACREAGE OR PURSUANT TO COMPETITIVE BID, LESSOR MAY ACCEPT GREATER RENTAL AMOUNTS THAN THOSE DETERMINED BY THE FOREGOING FORMULA, BUT THE ANNUAL GRAZING RENTAL DUE IN ANY LEASE YEAR SHALL NOT BE LESS THAN THE FORMULA AMOUNT. THE ANNUAL RENTAL FOR CULTIVATED LAND, ASSOCIATED LAND AND CONSERVATION RESERVE PROGRAM LAND SHALL BE DETERMINED BY LESSOR AND SHALL REMAIN UNCHANGED DURING THE TERM OF THE LEASE. THE TYPE OF LAND HEREBY LEASED AND THE ANNUAL RENTAL AMOUNT FOR THIS LEASE SHALL BE AS SET OUT IN EXHIBIT A HEREIN. raa CA "I 4 • PERMITTED USE. LESSEE MAY USE THE LEASED PREMISES ONLY FOR SUCH OPERATIONS AND ACTIVITIES AS ARE NECESSARY TO CARRY OUT THE PURPOSES FOR WHICH THE LEASE IS GRANTED AS SPECIFIED IN EXHIBIT A, AND IN ORDER TO COMPLY WITH ALL APPLICABLE PROVISIONS OF LAW REGARDING THE CARE AND PROTECTION OF THE LEASED PREMISES. eS. .... I A T? It Up e2 ?or 9ICZ 8 ti LAB SUSPENSE 3MM001-000V 34 0 01-AUG-16 09:16 1[4.86 SDNY_GM_00173390 EFTA_00 I 95045 EFTA01305290 5. LIEN. AS SECURITY FOR THE PAYMENT OF ANY RENT THAT IS OR MAY BECOME DUE AND UNPAID, LESSEE GRANTS TO LESSOR A FIRST AND PRIOR LIEN UPON ANY AND ALL IMPROVEMENTS AND CROPS ON THE LEASED PREMISES. 6. IMPROVEMENTS. NO IMPROVEMENTS, EXCEPT AS OTHERWISE PROVIDED BY LAW, SHALL BE PLACED ON THE LEASED PREMISES WITHOUT THE PRIOR WRITTEN CONSENT OF THE LESSOR. ALL IMPROVEMENTS PLACED ON THE LEASED PREMISES IN VIOLATION OF THIS PARAGRAPH SHALL BE CONSIDERED AND TREATED AS UNAUTHORIZED IMPROVEMENTS IN ACCORDANCE WITH THE APPLICABLE LAWS AND RULES. 7. ASSIGNMENT, SUBLEASE AND RELINQUISHMENT. LESSEE SHALL NOT ASSIGN OR SUBLEASE THE LEASED PREMISES OR THE IMPROVEMENTS ON SAID PREMISES WITHOUT THE PRIOR WRITTEN CONSENT OF LESSOR AND SUCH OTHER REQUIREMENTS AS PRESCRIBED BY LAW OR RULE. AS PROVIDED BY LAW AND RULE ANY LEASE, IN GOOD STANDING, MAY BE RELINQUISHED TO THE STATE. UPON RELINQUISHMENT HOWEVER, THE LESSEE SHALL NOT BE ENTITLED TO A REFUND OF RENTALS PREVIOUSLY OWING AND PAID. 8. COLLATERAL ASSIGNMENTS. ANY AGRICULTURAL LEASE MAY BE ASSIGNED AS COLLATERAL SECURITY SUBJECT TO THE EXPRESS WRITTEN CONSENT OF THE LESSOR AND SUCH OTHER TERMS AND CONDITIONS AS PRESCRIBED BY LAW OR RULE. THE APPROVAL OF A COLLATERAL ASSIGNMENT, HOWEVER, SHALL NOT PREVENT THE CANCELLATION OF THE LEASE AND TERMINATION OF THE COLLATERAL ASSIGNMENT FOR THE NONPAYMENT OF RENTALS OR OTHER VIOLATIONS OF THE LEASE TERMS. 9. DEFAULT AND CANCELLATION. THE VIOLATION BY LESSEE OF ANY OF THE TERMS, CONDITIONS, OR COVENANTS OF THIS LEASE OR THE NONPAYMENT BY LESSEE OF THE RENT DUE UNDER THIS LEASE SHALL AT THE OPTION OF THE COMMISSIONER BE CONSIDERED A DEFAULT AND SHALL CAUSE THE CANCELLATION OF THIS LEASE 30 DAYS AFTER LESSOR HAS SENT WRITTEN NOTICE OF SUCH DEFAULT TO THE LESSEE AND TO ANY HOLDERS OF COLLATERAL ASSIGNMENTS BY REGISTERED MAIL, ADDRESSED TO THE POST OFFICE ADDRESS OF RECORD, PROVIDED, HOWEVER, IF WITHIN THE THIRTY DAYS THE LESSEE OR HOLDERS OF ANY COLLATERAL ASSIGNMENTS SHALL COMPLY WITH THE DEMAND MADE IN THE NOTICE, CANCELLATION SHALL NOT BE MADE. 10. RENEWAL. ANY LESSEE WHO DESIRES TO SECURE A NEW LEASE SHALL MAKE AND FILE AN APPLICATION WITH THE LESSOR ON OR BEFORE AUGUST 1 NEXT PRECEEDING THE EXPIRATION OF THIS LEASE. THE RIGHT OF RENEWAL SHALL BE SUBJECT TO SUCH TERMS AND CONDITIONS AS PROVIDED FOR BY LAW AND RULE. 11. RESERVATIONS. A. LESSOR RESERVES THE RIGHT TO EXECUTE LEASES ON THE LAND GRANTED BY THIS LEASE FOR MINING PURPOSES AND FOR THE EXTRACTION OF OIL, GAS, SALT, GEOTHERMAL RESOURCES, AND OTHER MINERAL DEPOSITS THEREFROM AND THE RIGHT TO GO UPON, EXPLORE FOR, MINE, REMOVE AND SELL SAME. LESSOR FURTHER RESERVES THE RIGHT TO SELL OR DISPOSE OF NATURAL SURFACE PRODUCTS OF SAID LANDS OTHER THAN GRAZING, AGRICULTURAL OR HORTI- CULTURAL PRODUCTS AND TO GRANT SUCH OTHER RIGHTS -OF-WAY AND EASEMENTS AS PROVIDED 12 TT LILi S7 11111 9103 EFTA_00195046 EFTA01305291 BY LAW. B. LESSOR RESERVES THE RIGHT TO WITHDRAW PURSUANT TO RULE, UP TO 640 ACRES, BUT IN NO CASE MORE THAN HALF, OF THE LAND HELD BY THIS LEASE. 12. COMPLIANCE WITH LAWS. LESSEE SHALL AT ITS OWN EXPENSE FULLY COMPLY WITH AN