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11111 1111 111111 1111111 11111111111111111111
3340226 111
1 of 5 R 26.00 D 0.00 Steve Moreno Clerk 8 Recorder
MINERAL DEED
KNOW ALL MEN BY THESE PRESENTS, that EASTMAN KODAK COMPANY, a New Jersey
corporation ("Grantor"), for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, effective as of 7:00 am, MST, November 1, 2005 ("Effective
Date"), does hereby grant, bargain, sell, convey, transfer and assign to GREAT WESTERN
OIL AND GAS COMPANY, LLC, a Colorado limited liability company ("Grantee"), whose
address is 252 Clayton Street, Fourth Floor, Denver, CO 80206, Attention: Mr. Eric D.
Swanson:
All minerals, including but not limited to coal, sand, gravel, oil, gas, and other
hydrocarbon substances in or under or that may be produced from the lands in
the County of Weld, State of Colorado, more particularly described in
Exhibit "A" attached hereto and by this reference incorporated herein (the
"Subject Lands").
This Deed is made subject to any rights now existing of any lessee or assigns under any
valid and subsisting oil and gas lease of record heretofore executed; it being understood and
agreed that said Grantee shall have, receive, and enjoy the herein granted interest in and to all
bonuses, rents, royalties and other benefits which may accrue under the terms of any such lease
of which Grantor is the lessor insofar as it covers the Subject Lands from and after the
Effective Date hereof, precisely as if the Grantee herein had been at the date of the making of
said lease the owner of a similar interest in and to the Subject Lands and Grantee the lessor
therein.
It is Grantor's intent to convey to Grantee all of Grantor's mineral interest in the
Subject Lands, Grantor agrees to execute and deliver such further assurances and/or
documents as may be necessary to effectuate such intent.
TO HAVE AND TO HOLD the above described property with all and singular the
rights, privileges, and appurtenances thereunto or in any wise belonging to said Grantee and its
successors and assigns forever, and Grantor hereby does warrant said title to Grantee and its
successors and assigns forever and does hereby agree to defend all and singular the said
property unto the said Grantee herein and its successors and assigns against every person
whomsoever claiming or to claim the same by, through or under Grantor, but not otherwise.
EXECUTED as of the I9 day of November, 2005 but effective as of the Effective
Date.
EASTMAN KODAK COMPANY,
a New Jersey corporation
By: airw_
Its: Saas'o✓ UR c— YYra&c..k
2006-1492
•
111111111111111111111111II1111111111111 ui 1111111111111
3340226 11/15/2005 03:43P Weld County, CO
2 of 5 R 26.00 D 0.00 Steve Moreno Clerk& Recorder
STATE OF NEW YORK
) ss.
COUNTY OF itiowg4e-
The foregoing instrument was acknowledged before me this R44-day of November,
2005,by 3 a 7: LCtcac. , as,Q,,,;,..t/u $27.)Cc. t of EASTMAN KODAK
COMPANY, a New Jersey corporation.
Witness my hand and official seal. �/�Z"' / ���C'���
Notary Public
NARK R.WRIGHT
My commission expires: _ Notary tLMo g,ate of New York
Monroe County 9
Commrssfon Expires
11. ��
r
2
1111111!1111111111111111�� 1111111111111IIIMIEN
3340226 1111512005 03;43P Weld County, CO
3 of 5 R 26.00 D 0.00 Steve Moreno Clerk& Recorder
EXHIBIT "A"
Subject Lands
A TRACT OF LAND SITUATE IN SECTIONS 26, 27, 34, AND 35, TOWNSHIP 6
NORTH, RANGE 67 WEST, OF THE 6TH P.M.; COUNTY OF WELD, STATE OF
COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 26, BEING
MARKED BY A 3-1/4" ALUMINUM CAP STAMPED PLS 22098, AND CONSIDERING
THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 26 TO BEAR
S89°44'23"E, (EAST END OF SAID LINE BEING MARKED BY A 3-1/4" ALUMINUM
CAP STAMPED PLS 20685) WITH ALL OTHER BEARINGS CONTAINED HEREIN
RELATIVE THERETO. (SAID BEARING IS A GRID BEARING OF THE COLORADO
STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM
1983(1992), DETERMINED BY GEODETIC (GPS) OBSERVATIONS);
THENCE ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF
SECTION 26, S00°31'48"E, 65.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-
OF-WAY LINE OF EASTMAN PARK DRIVE, SAID PONT ALSO BEING THE POINT OF
BEGINNING;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, N89°44'23"E,
2,474.39 FEET TO A POINT ON THE EAST BACK OF CURB LINE OF THE EASTMAN
KODAK PLANT ACCESS ROAD KNOWN AS LITHO PLATE DRIVE;
THENCE ALONG SAID BACK OF CURB LINE THE FOLLOWING EIGHT (8)
COURSES:
1) 27.50 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT,
HAVING A RADIUS OF 69.50 FEET, A CENTRAL ANGLE OF 22°40'21", AND A
CHORD WHICH BEARS S11°19'58"W, 27.32 FEET;
2) S00°00'13"E, 3,460.53 FEET;
3) 87.84 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS
OF 139.50 FEET, A CENTRAL ANGLE OF 36°04'44", AND A CHORD WHICH
BEARS S18°02'35"E, 86.40 FEET;
4) S36°04'57"E, 82.47 FEET;
5) 72.95 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 116.50 FEET, A CENTRAL ANGLE OF 35°52'47", AND A CHORD
WHICH BEARS S18°08'34"E, 71.77 FEET;
6) S00°12'11"E, 82.36 FEET;
7) 57.14 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 130.50 FEET, A CENTRAL ANGLE OF 25°05'21", AND A CHORD
WHICH BEARS S12°20'29"W, 56.69 FEET;
8) S24°53'10"W, 220.09 FEET;
THENCE S00°04'37"E, 3,158.77 FEET TO A POINT ON THE NORTH LINE OF THE
SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SAID SECTION 35.
THENCE ALONG SAID NORTH LINE, S89°34'09"W, 683.51 FEET TO A POINT ON
THE CENTERLINE OF THE CACHE LA POUDRE RIVER;
A-1
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3340226 11/15/2005 03:43P Weld County, CO
4 of 5 R 26.00 0 0.00 Steve Moreno Clerk& Recorder
THENCE ALONG THE CENTERLINE OF SAID RIVER THE FOLLOWING TWENTY-
THREE (23) COURSES:
1) N45°45'54"W, 51.75 FEET;
2) N65°08'41"W, 141.98 FEET;
3) N79°35'57"W, 120.70 FEET;
4) S85°02'00"W, 57.59 FEET;
5) S61°24'16"W, 48.97 FEET;
6) S34°05'29"W, 124.67 FEET;
7) S54°26'20"W, 199.22 FEET;
8) S40°32'53"W, 159.44 FEET;
9) SO4°13'02"W, 266.14 FEET;
10) S16°46'04"E, 85.59 FEET;
11) S46°20'03"E, 192.85 FEET;
12) S75°23'10"E, 51.85 FEET;
13) S49°11'34"E, 55.89 FEET;
14) S00°14'38"W, 113.71 FEET;
15) S16°13'28"W, 94.18 FEET;
16) S24°37'29"E, 150.24 FEET;
17) S14°47'58"W, 131.45 FEET;
18) S35°04'53"W, 218.40 FEET;
19) S59°00'59"W, 61.48 FEET;
20) S39°25'11"W, 141.35 FEET;
21) S50°40'46"W, 249.50 FEET;
22) S70°20'38"W, 81.99 FEET;
23) S84°13'03"W, 73.28 FEET TO A POINT ON THE WEST LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 35;
THENCE ALONG SAID WEST LINE, S29°52'23"E, 41.57 FEET TO A POINT ON THE
SOUTHERLY TOP OF BANK OF THE CACHE LA POUDRE RIVER;
THENCE ALONG SAID SOUTHERLY TOP OF BANK THE FOLLOWING SEVEN (7)
COURSES:
1) N85°41'56"W, 418.10 FEET;
2) 580°24'35"W, 127.23 FEET;
3) S58°40'24"W, 68.14 FEET;
4) S42°52'40"W, 71.52 FEET;
5) S31°19'04"W, 192.28 FEET;
6) S21°22'15"W, 201.87 FEET;
7) S36°05'51"W, 64.27 FEET;
THENCE S00°00'05"E, 641.71 FEET;
THENCE N84°16'00"E, 1,441.44 FEET;
THENCE S87°18'50"E, 2,326.02 FEET TO A POINT ON THE EAST LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 35;
THENCE ALONG SAID EAST LINE, S10°48'40"E, 20.57 FEET TO THE SOUTH
QUARTER CORNER OF SAID SECTION 35;
THENCE N87°18'50"W, 2329.34 FEET TO THE SOUTHWEST CORNER OF SAID
SECTION 35;
THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 34, S84°16'00"W, 1,462.08 FEET;
THENCE N00°00'05"W, 990,43 FEET;
THENCE S89°59'27"W, 1,874.61 FEET TO A POINT ON THE NORTHERLY TOP
BANK OF THE CACHE LA POUDRE RIVER;
A-2
11111111111IIIII1111111 �� 1111111111111 ill 11111IIIIIlil
3340226 11/15/2005 03:43P Weld County, CO
5 of 5 R 26.00 D 0.00 Steve Moreno Clerk& Recorder
THENCE ALONG SAID NORTHERLY TOP BANK THE FOLLOWING NINE (9)
COURSES:
1) N24°37'22"W, 22.47 FEET;
2) N42°09'12"W, 112.35 FEET;
3) N47°14'02"W, 241.40 FEET;
4) N39°11'21"W, 666.47 FEET;
5) N55°49'36"W, 343.62 FEET;
6) N61°36'06"W, 178.58 FEET;
7) N63°20'24"W, 165.53 FEET;
8) N63°19'51"W, 145.64 FEET;
9) N47°39'54"W, 96.16 FEET TO A POINT ON THE NORTH LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 34;
THENCE ALONG SAID NORTH LINE S89°49'11"W, 112.45 FEET TO THE WEST
SIXTEENTH CORNER OF SAID SECTION 34;
THENCE N05°29'44"W, 1,323.82 FEET TO THE NORTHWEST SIXTEENTH CORNER
OF SAID SECTION 34;
THENCE N89°43'52"E, 1,431.99 FEET TO THE NORTH SIXTEENTH CORNER OF
SAID SECTION 34;
THENCE N89°42'22"E, 1,191.15 FEET TO THE NORTHEAST SIXTEENTH CORNER
OF SAID SECTION 34;
THENCE N05°33'47"W, 1,328.57 FEET TO THE EAST SIXTEENTH CORNER
COMMON TO SECTIONS 27 AND 34;
THENCE N00°27'03"W, 2,640.33 FEET TO THE EAST SIXTEENTH CORNER OF SAID
SECTION 27;
THENCE N00°27'03"W, 1,320.03 FEET TO THE NORTHEAST SIXTEENTH CORNER
OF SAID SECTION 27;
THENCE N89°27'56"E, 1,305.13 FEET TO THE NORTH SIXTEENTH CORNER COMMON TO
SECTIONS 26 AND 27;
THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 26, N00°31'48"W, 1,256.24 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 800.51 ACRES (34,870,060 SQUARE FEET) MORE OR
LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS AND
RESTRICTIONS OF RECORD OR THAT NOW EXIST ON THE GROUND.
3476042_3.DOC
A-3
u1 LandAmerica
Crews & Zeren
Attn: William Crews
1610 29th Avenue Place
Suite #100
Greeley, CO 80634
Case No. TNGR0001357
"WE'RE HERE TO MAKE IT EASY!"
LandAmerica
5801 W. 11th Street, Suite 201
Greeley, CO 80634
Phone: 970-352-2283 Fax: 970-352-2312
CERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
Transnation Title Insurance Company hereby certifies that it has made a careful search
of its records and finds the following conveyances affecting the real estate described
herein since August 30, 1972, and the most recent deed recorded prior to August 30,
1972.
LEGAL DESCRIPTION
SEE ATTACHED EXHIBIT "A"
CONVEYANCES (If none appear, so state):
Reception No. 1529333 Book 607
Reception No. 1529338 Book 607
Reception No. 3349268 Book
This certificate is made for the use and benefit of the Department of Planning Services
of Weld County, Colorado.
This certificate is not to be construed as an Abstract of Title, Opinion of Title or a
Guarantee of Title and the liability of Transnation Title Insurance Company is hereby
limited to the fees paid for this Certificate.
In Witness Whereof, Transnation Title Insurance Company, has caused this Certificate
to be signed by its proper officer this 16th day of February, 2006, at 7:00 am.
Order No. TNGR0001357
Transna ' n Title Insurance Company
By
thorized Signature
File No. TNGR0001357
EXHIBIT A
The West 1/2 of Section 26, Township 6 North, Range 67 West of the 6th P.M., County of
Weld, State of Colorado.
Excepting therefrom a tract a land conveyed in Deeds to the Town of Windsor recorded June
2, 1995 in Book 1494 at Reception Nos. 2440899 and 2440900.
Also excepting therefrom a tract a land conveyed in Special Warranty Deed to the Broe Land
Acquisitions II, LLC, a Colorado limited liability company recorded February 23, 2005 at
Reception No. 3263059.
Also excepting therefrom a tract a land conveyed in Special Warranty Deed to the Broe Land
Acquisitions II, LLC, a Colorado limited liability company recorded June 15, 2005 at
Reception No. 3295099.
3 (7 MAR 28 Iboy
wox 607
g,, a....._._.....—.1S28333 Ann Spam.,.R.me.,
(A-/
WARRANTY DEED
The Great Western Sugar Company, a Delaware corpora-
tion, whose principal office address is 1530 - 16th Street,
4
rn Denver, Colorado, Grantor, for the consideration of Ten Dollars , g a
an
'4' ($10.00) and other good and valuable considerations in hand
� paid, hereby sells and conveys to Eastman Kodak Company, a
m
oP New Jersey corporation, Grantee, the fail wing real prrirerty in m„
o I .c16
the County of Weld, State of Colorado, to-wit:
0
m
S Parcel A
UF,
All of Sec. 28; the EkSEk and the E§NEk of Sec. 29; IS9.90
the NE'NEk of Sec. 32; the NW', the N'NEk, the
SW}NE%, WISE' and the SEkSEk of Sec. 33, all in
T. 6 N., R. 67 W. of the 6th P.M.
Except that part of the E' of said Sec. 28 and ro
cr
that part of the NEkNE'% of said Sec. 33 and that
part of the SEkSE' of said Sec. 33, all as described
in deed to The Northern Construction Company recorded ••-4
in Book 271 at page 319; and
Except that part of the SE'SEk of said Sec. 33 ,P.a
described in Deed to Weld County recorded in Book 996
at page 620; and
Except that part of the NEkNWk of said Sec. 28 •
described in Deed to Town of Windsor recorded in
Book 1000 at page 83; and
•
Except that part of the SE'SEk of said Sec. 33,
described in Deed to H. V. Crumly and Mary Ruby Crumly °
recorded in Book 1593 at page 301, as corrected by
deed recorded in Book 1594 at page 514; and
0
Except that part of the NEk of said Sec. 29 described o
as Parcel No, 2 in Deed to County of Weld recorded
under Reception No. 1486952 in Book 565.
o.
Parcel B 4°
N
The Wk of Sec. 26; the EkSE4 the G7NEk and the ;:uEkW'NEc of Sec. 27; the E'SE% and the NEkNE} of
Sec. 34; and the N4NWl of Sec. 35, all in T. 6 N. ,
R. 67 W. of the 6th P.M.
•
.e°K 607 1529333
Parcel C
A parcel of land in the NE% of Sec. 21, T. 6 N., R. 67
W. of the 6th P.M. more particularly described as follows:
Beginning at an Iron Pin which marks the Southeast corner
of the Second Filing, Town of Windsor, according to the
plat thereof recorded in Book 3 of Maps at page 15 of the
records of the County of Weld, said corner also being
located at the intersection of the east line of East
Street with the south line of Locust Street of said Town;
thence northerly along the east line of East Street 866.61
feet to a point marked bv_ar Iron Pin which is 1C.C fact
southwesterly of, when measured at right angles to y the
centerline of a railroad spur track; thence along said
track southeasterly by the following bearings and dis-
tances, (said bearings being based on the bearing of the
original northerly property line of S. 70° 56' E.) ;
S. 48° 381' E. 267.50 feet to an Iron Pin; thence
S. 44° 401' E. 99.98 feet to an Iron Pin; thence
S. 48° 05' E. 100.00 feet to an Iron Pin; thence
S. 52° 40' E. 100,92 feet to an Iron Pin; thence
S. 57° 191' E. 99.83 feet to an Iron Pin; thence
S. 63° 49' E. 99.94 feet to an Iron Pin; thence
S. 70° 051' E. 99.89 feet to an Iron Pin; thence
S. 70° 11' E. 100.02 feet to an Iron Pin; thence
S. 70° 02' E. 99.98 feet to an Iron Pin; thence
S. 68° 00' E. 100,00 feet to an Iron Pin at the
west end of a reinforced concrete coal storage pit
2.25 feet south of the northwest corner thereof;
thence S. 71° 14' E. 390,98 feet to an Iron Pin on
the north edge of said coal pit; thence S. 81° 081'
E. 51.44 feet to an Iron Pin; thence S. 89° 511' E.
99.96 feet to an Iron Pin; thence N. 89° 30' E. 99.94
feet to an Iron Pin; thence S. 87° 42' E. 100.08 feet
to a point in the east line of said Sec. 21, 1339.97
feet south of the northeast corner of said Sec. ; thence
south along said Section line 271.25 feet to a point
marked by an Iron Pin; thence S. 85° 041' W. 213.26
feet to a point marked by an Iron Pin in an existing
property line fence; thence with said property line
fence S. 81° 251' W. 127.60 feet to a point marked
by an Iron Pin; thence with said fence S. 59° 311' W.
305.6 feet to an Iron Pin; thence S. 66° 011' W.
345.92 feet to a point on the west side of the Lake
Supply Ditch; thence S. 46° 48' W. 432.17 feet along
the northwesterly bank of the said Lake Supply Ditch
to a point marked by an Iron Pin; thence N. 88° 37'
W. along a corral fence 508.0 feet, more or less, to
the east line of East Street of said Town of Windsor;
thence north along said east line of East Street 772
feet, more or less, to the point of beginning.
Together with all improvements located upon said
Parcels A, B and C;
_ 2 -
•
.°°K 609
29C33
513
Together with all of the Grantor's right, title and
interest in and to 53 shares of the capital stock of The
Kern Reservoir and Ditch Company, 64 shares of the capi-
tal stock of The Whitney Irrigation Company, 86 shares
of the capital stock of The B. H. Eaton Ditch Company,
24 shares of the capital stock of The New Cache la
Poudre Irrigating Company, 2 shares of the capital stock
of The Windsor Reservoir and Canal Co., and 3 preferred
water rights in. the Fossil Creek Reservoir of The North
Poudre Irrigation Company;
Together with all of the Grantor's right, title and
interest in and to the Dsvic e"et'age P1trt zr Tht
Consolidated Law Ditch;
Together with all of Grantor's right, title and
interest in and to all water and water rights employed
or used upon or appurtenant to said Parcels A, B and
C, but expressly excluding any water or water rights in
the Northern Colorado Water Conservancy District evi-
denced by contracts between the Grantor and said Con-
servancy District;
Together with all of the Grantor's right, title and
interest in and to any ditches, ditch rights, flumes,
canals and reservoirs appurtenant to or used in connec-
tion with said Parcels A, B and C;
Subject to 1969 general taxes due and payable in 1970;
Subject, also, to reservations, restrictions, excep-
tions and conditions of record, and zoning statutes,
ordinances or regulations of record;
Subject, also, to easements, rights-of-way and grants
for roads, railroads, power lines, telephone lines,
sewer lines, pipe lines, ditches and laterals, exist-
ing or of record, and to the inclusion of said property
in Northern Colorado Water Conservancy District, West
Greeley Soil Conservation District and Windsor-Severance
Fire Protection District;
with all its appurtenances and warrants the title to the same,
subject to the foregoing, except that as to all water, water
rights, ditch and reservoir rights, the Grantor conveys only
all of its right, title and interest therein.
As a further consideration for the execution of
this deed by the Grantor, and without which this deed would
not have been executed, the Grantee hereby covenants and agrees
- 3 -
•
BOOK 607 •
1529333
. •
- that for the period of 20 years from and after the date hereof
the Grantee shall not use the real estate or improvements
• hereby conveyed or any thereof for the manufacture, process-
ing, distribution or sale of refined sugar, molasses, beet
pulp or any related beet sugar by-products and that this
covenant shall be construed as a covenant running with the
land and shall inure to, the benefit of the Grantor, its
successors and assigns, and shall be binding upon the Grantee,
its successors and assigns, and all persons, firms or corpora-
tions claiming by, through or under them, or any of them.
Nothing herein shall prevent the Grantee from growing and
selling sugar beets on said Parcels� A. B and C.
Signed this 0.25 Kay of March, 1969.
THE GREAT WESTERN SUGAR COMPANY
Af'tOstf• CZ By � �l��
Se /�;a� President
(SEAL)
STATE OF COLORADO
) SS.
CITY AND COUNTY OF DENVER )
The foregoing instrument was acknowledged before me
lA
this 24{ day of March, 1969 by Robert R. Owen, as President,
and Robert A. Wherry, as Secretary of The Great Western Sugar
Company, a Delaware corporation. _
Witness my hand and offs^ial seal.
"•� q ;',, My Commission expires :My comm'ssion AxpUns May 3,1969
.:3............aid
fZ
tr
it cu `Qtgl4) tary Public
qq.
•in eras 607 Recorded__ MAR 7 A41O959 at A `�vaeic M.
.( Reception No. _—_fa.-nJ338 suu ranuea., Reeoedee.
QUIT CLAIM DEED a' O N
]T ]0 n
t I llhi8 lttPPil, Made this oigy day of March I• �
t
in the year of our Lord one thousand nine hundred sixty-nine ,
Cr. Ef coo
between --JOHN E. WEBER and ELEANOR PAULINE WEBER-- I �..f.
-
rn of the County of Weld ,and the State of Colorado,of th. • co-.
{
i c
tr
,• tv first part,and--EASTMAN KODAK COMPANY, a corporation organized and existing ,
„'r`y under and by virtue of the laws of the State of New Jersey--
int ,of the
.,t
second part; WITNESSETH, That the said part lesrf the first part,and for and in consideration of
tN the sum of
TEN and no/100 -Dollars,
o to the said part ies of the first part in hand paid by the bald part y of the second pail,the re-
ceipt whereof is hereby confessed and acknowledged, hashave remised, released, sold, conveyed and
QUIT CLAIMED. d by these presents 4o rant; e.je1SA§e.ggll. convey,and QUIT CLAIM
._.._. w.zes u._ ..
rn unto the said d demand
y of the second part,o R�rst part
a yens forever,all the fight,intle iscribed
�p claim and demand which the said parties of the first part ha ve in and to the following described
real estate situate,lying and being in the County of WELD and State of Colorado,to-wit;
The Wont one-half of Section Twenty-six (W 1/2 of Sec. 26),
The East one-half of the East one-half of Section Twenty-seven
(E 1/2 E 1/2 of Scc. 27),
a?
The East one-half of the West one-half of the Northeast Quarter * •
of Section Twenty
-seven (E 1/2 W 1/2 NE 1/4 of Section 27),
The Northeast Quarter of the Northeast Quarter of Section Thirty-four, •
the South one-half of the North one-half of Section Thirty-four, the
South one-half of Section Thirty-four (NE 1/4 NE 1/4 of Section 34, in
S 1/2 N 1/2 of Sec. 34, S 1/2 of Sec. 34), "d
The North one-half of the Northwest Quarter of Section Thirty-five
(N 1/2 NW 1/4 of Sec. 35),
P
all in Township 6 North, Range 67 West of the 6th P.M.
To Have and To Hold the same, together with all and singular the appurtenances and priv- •
ileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, in-
terest and claim whatsoever,of the said part Ies of the first part, either in law ymay,or e ,to the only
proper use,benefit and hehnof of the said part/ of the second part, itiliiifaeliforkigns forever.
IN WITNESS WHEREOF, The said parties of the first part ha vehereunto seljhe1Jiands
and seals the day and year first above written.
: t Signed in the Presence of iree_.... J (Seal)
eiser) co
I:n:3::!J.CIjNv.: "G ti..4,Zd,„I-,{'..(Seal)ait[ Pau me a er o
,.a„ (Seal) o
BAIT -0Fkcvy-'t• IkADOI ss. The foregoing instrument was acknowledged before me co
or
this pi day of March , A.D. 1969,
ru ;oat`, by JOHN E. WEBER and ELEANOR PAULINE WEBER.
is or 0� :
Witness my Hand and Official Seal.
My Commission Expires K (v /Y�,
Notary Pnbj[f.
111111111111 NI III1111111111111111111 Mani
Ili When recorded S return Es
1f 3349268 R�21.00 OD 0.00 05 A teve6P WMorenouClerk& Recorder
�—, Z� Elizabeth A. Sharrer, Esq.
Holland & Hart LLP ,
555 - 17th Street, Suite 3200
Denver, CO 80202
BARGAIN AND SALE DEED
(Eastman Kodak Company Property)
KNOW ALL MEN BY THESE PRESENTS, that EASTMAN KODAK COMPANY, a New Jersey
corporation ("Grantor"), for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, does hereby sell and convey to EASTMAN KODAK
COMPANY, a New Jersey corporation ("Grantee"), whose address is 9952 Eastman Park Drive,
Windsor, CO 80551, Attn: Craig Stith:
the real property in the County of Weld, State of Colorado, more particularly described
in the legal description attached as Exhibit "A" hereto and by this reference incorporated
herein
with all appurtenances, subject to real property taxes in the year of sale and easements,
covenants, conditions and restrictions of record.
The purpose of this Deed is to create of record the attached legal description of the real property
owned by Eastman Kodak Company in Weld County, Colorado as of the date hereof.
The name and address of the person who created the attached Legal Description is:
John Steven Von Nieda, Colorado Professional Land Surveyor No. 31169
TST, Inc., 748 Whalers Way, Bldg. D, Fort Collins, CO 80525
Signed and delivered as of the A0"'day of December, 2005.
EASTMAN KODAK COMPANY,
a New Jerseyycccorporation/��
Its: tat Meet Pjttir
STATE OF NEW YORK )
) ss.
COUNTY OF MONROE
The foregoing instrument was acknos�yledged before me this /4/Cday of December,
2005,by TA"he 6, ,f,,,e..-- , as Vice. Pna.s(svf-_ of EASTMAN KODAK
COMPANY, a New Jersey corporation.
Witness my hand and official seal.
l
dfir
Notary Public
�re
My commission expires: sfijc R WRIGHT
Notary Public. Stale of New York
Monroe County �nc
Commission Expires September 11, t'�07
111111 IIIII IIIII 101111 11111 tit III IN 1111 III
3349268 12/21/2005 03:06P Weld County, CO
2 of 4 R 21.00 D 0.00 Steve Moreno Clerk Recorder
EXHIBIT "A"
Legal Description
A TRACT OF LAND SITUATE IN SECTIONS 26, 27, 34, AND 35, TOWNSHIP 6
NORTH, RANGE 67 WEST, OF THE 6TH P.M.; COUNTY OF WELD, STATE OF
COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 26, BEING
MARKED BY A 3-1/4" ALUMINUM CAP STAMPED PLS 22098, AND CONSIDERING
THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 26 TO BEAR
S89°44'23"E, (EAST END OF SAID LINE BEING MARKED BY A 3-1/4" ALUMINUM
CAP STAMPED PLS 20685) WITH ALL OTHER BEARINGS CONTAINED HEREIN
RELATIVE THERETO. (SAID BEARING IS A GRID BEARING OF THE COLORADO
STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM
1983(1992), DETERMINED BY GEODETIC (GPS) OBSERVATIONS);
THENCE ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF SECTION
26, S00°31'48"E, 65.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY
LINE OF EASTMAN PARK DRIVE, SAID PONT ALSO BEING THE POINT OF
BEGINNING;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, N89°44'23"E, 2,474.39
FEET TO A POINT ON THE EAST BACK OF CURB LINE OF THE EASTMAN KODAK
PLANT ACCESS ROAD KNOWN AS LITHO PLATE DRIVE;
THENCE ALONG SAID BACK OF CURB LINE THE FOLLOWING EIGHT (8)
COURSES:
1) 27.50 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT,
HAVING A RADIUS OF 69.50 FEET, A CENTRAL ANGLE OF 22°40'21", AND A
CHORD WHICH BEARS S11°19'58"W, 27.32 FEET;
2) S00°00'13"E, 3,460.53 FEET;
3) 87.84 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS
OF 139.50 FEET, A CENTRAL ANGLE OF 36°04'44", AND A CHORD WHICH
BEARS S18°02'35"E, 86.40 FEET;
4) S36°04'57"E, 82,47 FEET;
5) 72.95 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 116.50 FEET, A CENTRAL ANGLE OF 35°52'47", AND A CHORD
WHICH BEARS S18°08'34"E, 71.77 FEET;
6) S00°12'11"E, 82.36 FEET;
7) 57.14 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 130.50 FEET, A CENTRAL ANGLE OF 25°05'21", AND A CHORD
WHICH BEARS S12°20'29"W, 56.69 FEET;
8) S24°53'10"W, 220.09 FEET;
THENCE S00°04'37"E, 3,158.77 FEET TO A POINT ON THE NORTH LINE OF THE
SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SAID SECTION 35,;
THENCE ALONG SAID NORTH LINE, S89°34'09"W, 683.51 FEET TO A POINT ON
THE CENTERLINE OF THE CACHE LA POUDRE RIVER;
THENCE ALONG THE CENTERLINE OF SAID RIVER THE FOLLOWING TWENTY-
THREE (23) COURSES:
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3349268 12/21/2005 03:06P Weld County, CO
3 of 4 R 21.00 D 0.00 Steve Moreno Clerk&Recorder
1) N45°45'54"W, 51.75 FEET;
2) N65°08'41"W, 141.98 FEET;
3) N79°35'57"W, 120.70 FEET;
4) S85°02'00"W, 57.59 FEET;
5) S61°24'16"W, 48.97 FEET;
6) S34°05'29"W, 124.67 FEET;
7) S54°26'20"W, 199.22 FEET;
8) S40°32'53"W, 159.44 FEET;
9) S04°13'02"W, 266.14 FEET;
10)S16°46'04"E, 85.59 FEET;
11)S46°20'03"E, 192.85 FEET;
12)S75°23'10"E, 51.85 FEET;
13)S49°11'34"E, 55.89 FEET;
14)S00°14'38"W, 113.71 FEET;
15)S16°13'28"W, 94.18 FEET;
16)S24°37'29"E, 150.24 FEET;
17)S14°47'58"W, 131.45 FEET;
18)S35°04'53"W, 218.40 FEET;
19)S59°00'59"W, 61.48 FEET;
20)S39°25'11"W, 141.35 FEET;
21)S50°40'46"W, 249,50 FEET;
22)S70°20'38"W, 81.99 FEET;
23)S84°13'03"W, 73.28 FEET TO A POINT ON THE WEST LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 35;
THENCE ALONG SAID WEST LINE, S29°52'23"E, 41.57 FEET TO A POINT ON THE
SOUTHERLY TOP OF BANK OF THE CACHE LA POUDRE RIVER;
THENCE ALONG SAID SOUTHERLY TOP OF BANK THE FOLLOWING SEVEN (7)
COURSES:
1) N85°41'56"W, 418.10 FEET;
2) S80°24'35"W, 127.23 FEET;
3) S58°40'24"W, 68.14 FEET;
4) S42°52'40"W, 71.52 FEET;
5) S31°19'04"W, 192.28 FEET;
6) S21°22'15"W, 201.87 FEET;
7) 536°05'51"W, 64.27 FEET;
THENCE S00°00'05"E, 641.71 FEET;
THENCE N84°16'00"E, 1,441.44 FEET;
THENCE S87°18'50"E, 2,326.02 FEET TO A POINT ON THE EAST LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 35;
THENCE ALONG SAID EAST LINE, S10°48'40"E, 20.57 FEET TO THE SOUTH
QUARTER CORNER OF SAID SECTION 35;
THENCE N87°18'50"W, 2329.34 FEET TO THE SOUTHWEST CORNER OF SAID
SECTION 35;
THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 34, S84°16'00"W, 1,462.08 FEET;
THENCE N00°00'05"W, 990.43 FEET;
THENCE S89°59'27"W, 1,874.61 FEET TO A POINT ON THE NORTHERLY TOP
BANK OF THE CACHE LA POUDRE RIVER;
THENCE ALONG SAID NORTHERLY TOP BANK THE FOLLOWING NINE (9)
COURSES:
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3349268 12/21/2005 03:06P Weld County, CO
4 of 4 R 21.00 D 0.00 Steve Moreno Clerk& Recorder
1) N24°37'22"W, 22.47 FEET;
2) N42°09'12"W, 112.35 FEET;
3) N47°14'02"W, 241.40 FEET;
4) N39°11'21"W, 666.47 FEET;
5) N55°49'36"W, 343.62 FEET;
6) N61°36'06"W, 178.58 FEET;
7) N63°20'24"W, 165.53 FEET;
8) N63°1 9'51"W, 145.64 FEET;
9) N47°39'54"W, 96.16 FEET TO A POINT ON THE NORTH LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 34;
THENCE ALONG SAID NORTH LINE S89°49'1 1"W, 112.45 FEET TO THE WEST
SIXTEENTH CORNER OF SAID SECTION 34;
THENCE N05°29'44"W, 1,323.82 FEET TO THE NORTHWEST SIXTEENTH CORNER
OF SAID SECTION 34;
THENCE N89°43'52"E, 1,431.99 FEET TO THE NORTH SIXTEENTH CORNER OF
SAID SECTION 34;
THENCE N89°42'22"E, 1,191.15 FEET TO THE NORTHEAST SIXTEENTH CORNER
OF SAID SECTION 34;
THENCE N05°33'47"W, 1,328.57 FEET TO THE EAST SIXTEENTH CORNER
COMMON TO SECTIONS 27 AND 34;
THENCE N00°27'03"W, 2,640.33 FEET TO THE EAST SIXTEENTH CORNER OF
SAID SECTION 27;
THENCE N00°27'03"W, 1,320.03 FEET TO THE NORTHEAST SIXTEENTH CORNER
OF SAID SECTION 27;
THENCE N89°27'56"E, 1,305.13 FEET TO THE NORTH SIXTEENTH CORNER COMMON TO
SECTIONS 26 AND 27;
THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 26, N00°31'48"W, 1,256.24 FEET TO THE POINT OF BEGINNING.
3489156_I.DOC
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