HomeMy WebLinkAbout20060718.tiff 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
LOTS A AND B, RECORDED EXEMPTION NO. 0807-26-4-RE 4064, ACCORDING TO
PLAT RECORDED JUNE 3, 2005 AT RECEPTION NO. 3291882, BEING LOCATED IN
THE S 1/2 OF SECTION 26, AND THE N 1/2 OF SECTION 35, TOWNSHIP 6 NORTH,
RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO.
CONVEYANCES (If none appear, so state):
Reception No. 1172941 Book 1380
Reception No. 1529333 Book 607
Reception No. 1529338 Book 607
Reception No. 1557079 Book 635
Reception No. 1659253 Book 737
Reception No. 2086589 Book 1144
Reception No. 2202033 Book 1252
Reception No. 2208856 Book 1259
Reception No. 2208859 Book 1259
Reception No. 2208865 Book 1259
Reception No. 3263059 Book
Reception No. 3295099 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 21st day of November, 2005, at 7:00 am.
Order No. TNGR0001099
Transnat' Title Insu ance Company
By A. ._ .
Au orized Signature
2006-0718
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..
JANE2 mu 3
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Recorded et Block(...M, r.
Reception;t 17Z9'4-, :_Ann Spomer,Remnlo• ( ' )'
i+ 800X 1380 358 EXECUTORS. DEED •`�'
KNOW. ALL MEN BY THESE PRESENTS, That we, HENRY HERGERT and
DAVE HERGERT, as executors of the estate of Gotfret Hergert, de-
ceased, late of the County of Weld, and State of Colorado, first
parties% covenant with ESTHER EHRLICH, of the County of Weld, and
the State of Colorado, second party, that, we have sold to second
party certain real property- and water rights therewith hereinafter
more particularly described.
This deed is made by the first parties as such executors by
virtue of the authority of the Will of said deceased who died
August 8 1953; said Will was admitted to probate and record by
the County Court of Weld County Colorado on the 17th day of
August, 1953, and the said Court appointed said first parties as
executors to sea- and dispose of the hereinafter described property
of said estate without having to obtain leave of Court therefor,
and said Will gives to the second'party, who at the time of death,
of said deceased was living upon and cultivating the hereinafter
described farm, the option for four (4) months from the death of
Deere.=. said deceased, to purchase the said property at appraised price,
"' `°V and the same has been appraised at the value of $29,000.00 by the
(r;.):7 y' appraisers appointed by said Court and the said appraisement has
!„ ; • been approved, and the second party, grantee herein has on Novem-
ber 10, 1953, elected to purchase said farm and water rights at
said price.
tom ill:\r en: NOW THEREFORE, in consideration of the sum of $7,253.00 cash
i'7: and Note and first Deed of Trust back upon said farm :and water
' '
i ,, `'f; rights for $21,750.00, payable in five (5) equal annual instalments
(1.-< 4 deliveredubyyseec second 5pa the first parties in hand
rty, thefirstpartiesassu paid
such executors,
.r o have granted, bargained, sold and conveyed and by these presents
),ee i • do bargain, grant, sell, convey, and confirm unto the said second
tO : party all the following described real estate and water rights
situate in the County of Weld and State of Colordo, and in the
(rMrpemamrv'• Northern Colorado Water Conservancy District, to-wit:
��,,;�. J�L'�A(, About 80 acres, more or less, being:
'RI,ik1 yr . .A
} \ Q,,&, The North Half of the Northeast Quarter (N/2 NE/4) of
z-".L Section Thirty-five (35), Township Six (6) North,
1, ;; ; . Range Sixty-seven (67) West of the 6th P.M. , ulth
i10p 11. irrigation water by eight (8) shares of The Whitney
_ - - Irrigation Company.
fIN,..,E,Tma.
q"`a - ! The second party, as purchaser, shall have the sole and
:ff. exclusive right and power to make leases of the whole oil,
6/ �o`n` .�:IC gas and mineral rights in the said lands, and to receipt
� ! for all bonuses, delay monies, rentals ::n; royalties
�-�...wp therefor, without joinder of the executors as first
r„ .. 1 parties hereto; but with duty of the second party as
{t0J I10P purchaser to account for and pay over to the executors
- --- = all bonus monies and the one-half (1/') share of all
delay rentals and of all royalties, reserving the remain-
'peciim aTtii'� in
-:;,•- r, g one-
h
alf (1/2) share of delay rentals and royalties
to the second party and without any liability on the
lessee to see to the application of the proceeds thereof.
After the estate is finally settled in probate, such
� .H11'' payments to be made to the executors shall then be divided
,1 S : - into two parts, one part thereof to the trustees for Eva
� Hergert under said Will; the other part to the residuary
_.. _.] devisees theremnder.
Subject to taxes for the year 1954, payable in 1955, and
water assessments falling due in 1954, which second party assumes.
eoilx1380 359
TO HAVE AND TO HOLD THE SAME, with all the appurtenances
.hereunto belonging, or in anywise appertaining, to the proper
use, benefit and behoof of the said party of the second part,
the survivor of'himg his assigns, and the heirs and assigns
of such survivor forever. -
IN WITNESS WHEREOF, the said parties of the first part, as
executors of the said estate as aforesaid, have hereunto set their
hands and seals the 10th day of November, A. D., 1953.
6f, 5• 31',c'U_
//! .._(SEAL)
enry Her ert ci7
G.✓oaG6:G7c'z (5:5AL)
Dave ergert,
as executors of the estate of
Gotfret Hergert, deceased.
STATE OF COLORADO)
) SS
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this
10th day of November, 1953, by HUNRY HERGERT and DAVE HiR i3YT,
as executors of the estate of Gotfret Hergert, deceased.
\. ANyr,"04 fitness my hand and official seal.
QT llyy,,commission expires:
:14 Ission expires Dec. 1, 1954 /7'1
Notary lic
•��tr y,te‘' •
•
•
•
0r� N/'�
co WOK MAR 281969
631eh.._L.
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We Me...._._...� .(n. !G.... Ann Stoma.0.am der
WARRANTY DEED
rnThe Great Western Sugar Company, a Delaware corpora-
• tion, whose principal office address is 1530 - 16th Street,
'"
rn Denver, Colorado, Grantor, for the consideration of Ten Dollars, ;
2
($10.00) and other good and valuable considerations in hand „Ll �£
F• t
441
paid, hereby sells and conveys to Eastman Kodak Company, a G „'
co
oP New Jersey corporation, Grantee, the foliuwing real rat-Pi-47 in mm
O I •vT
the County of Weld, State of Colorado, to-wit:
m
Parcel A
All of Sec. 28; the EkSEZ and the ENE' of Sec. 29; /Ells
the NE'NEc of Sec. 32; the NWT, the N'kNE-k, the
SWINE%, WISE' and the SEISEk of Sec. 33, all in
T. 6 N., R. 67 W. of the 6th P.M.
Except that part of the E# of said Sec. 28 and r;
that part of the NE'NE' of said Sec. 33 and that o;
part of the SE'SE' of said Sec. 33, all as described
in deed to The Northern Construction Company recorded -4
in Book 271 at page 319; and
Except that part of the SE'kSEk of said Sec. 33
described in Deed to Weld County recorded in Book 996
at page 620; and
Except that part of the NE}NW's of said Sec. 28 •
described in Deed to Town of Windsor recorded in
Book 1000 at page 83; and
•
Except that part of the SE}SEY of said Sec. 33,
described in Deed to H. V. Crumly and Mary Ruby Crumly °
recorded in Book 1593 at page 301, as corrected by
deed recorded in Book 1594 at page 514; and
O
Except that part of the NE% of said Sec. 29 described
as Parcel No. 2 in Deed to County of Weld recorded O
under Reception No. 1486952 in Book 565.
Parcel B `o
N
f.Y
The Wk of Sec. 26; the E3SE} the E-NE's and the
E§W§NEB of Sec. 27; the E1/2SEi and the NEkNE': of
Sec. 34; and the N'NW' of Sec. 35, all in T. 6 N. ,
R. 67 W. of the 6th P.M.
eQUK 6O7 1529333
FHA
• Parcel C
A parcel of land in the NE$ 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 by an Iron Pin •which is 10.0 feet
southwesterly of, when measured at right angles to 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° 383' 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° 19'x' E. 99.83 feet to an Iron Pin; thence
S. 63° 49' E. 99.94 feet to an Iron Pin; thence
S. 70° 053/4' 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° 08'x'
E. 51.44 feet to an Iron Pin; thence S. 89° 51$' 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° 04§' 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° 25k' W. 127.60 feet to a point marked
by an Iron Pin; thence with said fence S. 59° 31'x' W.
305.6 feet to an Iron Pin; thence S. 66° 01§' 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
.a]OC 60
1529.1;33
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 Davis cee,a_oe era Th'
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 -
.. .. �.1._..
a00% 609 1529333
_ /f y •
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 w_ ' y of March, 1969.
THE GREAT WESTERN SUGAR COMPANY
Afte,stf Q` —
By
� Se President
(SEAL)
STATE OF COLORADO
) SS.
CITY AND COUNTY OF DENVER )
The foregoing instrument was acknowledged before me
this 'd'y151 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 offi',ial seal.
'' L A My Commission expires:My commission expires May 3,1969
' a
c, y,(y AL) tart' Public
LC).
n
• -
oa eaox 607 Recorded_ MAR 2 R 1969 at g dock a_—�1 tr‘ M.
r--: )
,.-t Reception Na _ 1523338 •un winner. Recorder.
QUIT CLAIM DEED /---/
— en El i
u W.
n' r
2ahia Beth. Made this �i fir- day of March ,, �o
I �p in the year of our Lord one thousand nine hundred sixty-nine , y„.,2
0. A on]
between --JOHN E. WEBER and ELEANOR PAULINE WEBER-- I ^.n
�2
c0
of the County of Weld ,and the State of Colorado,of th 1 : 4,
Or
i
tv first part,and--EASTMAN KODAK COMPANY, a corporation organized and existing ,
under and by virtue of the laws of the State of New Jersey--
grit r_.- ---' — . . ,. - ,I—g--- - c"-—hi,of the
al
to t
second part; WITNESSETH, That the said part leaf the first part,and for and in consideration of
e- the RIM of
a` TEN and no/100 'Dollars,
o to the said part Les of the first part in hand paid by the said part y of the second part,the re-
o ceipt whereof is hereby confessed and acknowledged, has have remised, released, sold,conveyed and
QUIT CLAIMED. ead by Ahem-presents do , ??in_t�n,}c,jegy,. sell. convegand OUIT CLAIM
._ . us
unto the said part y el the second part, uiG+ras`and'assigns forever,all the right,title,interest, '" -----
"P claim and demand which the said parties of the first part ha we in and to the following described
r..1 real estate situate,lying and being in the County of WELD and State of Colorado,to-wit;
-t- The West 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),
r?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 m
0
South one-half of Section Thirty-four (NE 1/4 NE 1/4 of Section 34, trl
S 1/2 N 1/2 of Sec. 34, S 1/2 of Sec. 34), r'i
The North one-half of the Northwest Quarter of Section Thirty-five
(N 1/2 NW 1/4 of Sec. 35),
cr.
n,
all in Township 6 North, Range 67 West of the 6th P.M. I
I
To Have and To Hold the same, together with all and singular the appurtenances and priv- •
lieges 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 or equity,to the only
proper use,benefit and behoof of the said partyof the second part, 1q/sillgierketclibigns forever.
0
IN WITNESS WHEREOF, The said parties of the first part ha ve hereunto sel>hesiands
and seals the day and year first above written. 9 /
•
Signed in the Presence of (Seal) Op
(J` n E. Weber)
11� e +. (sal) o
( eanor Vail-fine a er ea
,'A,,, (Seal) o R.ST�4',E'OF- Ir,ADO, }ss. The foregoing instrument was acknowledged before me
- v)"t,- i s this 01/- day of March ,A.D. 19 69 , c
• •
i vin
.
;r l�`�\"` eV.i by JOHN E. WEBER and ELEANOR PAULINE WEBER.
Witness my Hand and Official Seal.
My Commission Expires Y "''e7. G, /t7/
Norary mail.
' qq1� HV5-1970 • T
an Recorded at D o'clock PM, Q o
r; m
.y poOlt,
635 Reception No 1557079 ANN"Ala Recorder. .<NJ-f
KNOW ALL MEN BY THESE PRESENTS,That JOHN C. TODD and TATE M. TODD - -
r..
of the County of Weld ,and State of Colorado, ti
a for the conhideration of Other good and valuable considerations and Ten - Dollars,
a Ii hand paid hereby sell and convey to HENSEL FHELPS_CONSTRUCTION CO., A_ColorAd_o
,of 011, on - - - Countof Weld
cc - Y ,and State el Colorado,
•
p the following real property,situate in the County of Weld - - - -
t-
N and State of Colorado, to-wit The South Ralf of the Southeast Quarter (24.54) of
in.-I Section Twenty-six (26), township Six (6) North, Range Sixty-seven (b7) a -
rot West of the sixth (6th) P. H.; together with eight (5) shares of the
:( capital stank of The Whitney Ditch Company; also together with all water • .
and water rights appurtenant to and used in connection with said property; •
n also all ditches and ditch rights, reservoir and reservoir rights, apper- =
o tabling or used in connection therewith; also conveying herewith all of 0
Grantors' right, title, and interest in and to all the oil, gas, and other' r
o minerals. o
0
State Documentary Fee en
Date . ...NAYS-,1977 0-
p. /%1 t?
I $ ...\a,.a8fa........_...._.
z
•
with all its appurtenances,and warrant the title to the same,subject to the unpaid balenoe of
a Deed of Trust reoorded under Reoepti on No. 1511758, in Book 590, on
the Weld County Records, which The Grantee assumes and agrees to pay •
when due; also subject to Right Of Way Agreement recorded in Hook 938,
at Page 593 on the Weld County Records; and subject to taxes assessed
for 1970 due and payable in 1971 which are adjusted in this settlement,
Signed and delivered this 5th - - day of November - - - - ,A.1). I9 70
In the presence of 1 Q_g .g4,r. (SEAL)
on C. Todd'�/�
..i_._..rth�,o,..7i7 aA"-"`"' (SEAL)
a a N:"4Po '
(SEAL)
STATE OF COLORADO,'
COUNTY OF WELD., ss
The joming instrument was acknowledged before me this.5th day of Nov.emher i
19 yOlily?!,f n, �'ehn C. Todd and Tate 14. Todd ,
(• 1 SSlhy baud and official seal.
' A ,
.:
tf ilynymis+i`wb nipirea lie oembor 30, 1973. //'' w
V //
� Nolan Public
•It by n,.tal.tF sou or Vera s heron in M II. or imams,it by p u ens haling in relne Val a official capacity
or m auorney-in-fan, then i .r t e na or per on ecutor, attorney-In-tact or other capacity or description: If by
officer of corporation.Men imottie of.uch office or officers.as president or other officers of melt corporation,Lum-
ing It-- STATUTORY ACKNOWLEDGMENT.SESSION 1927.
WARRANTY DEED--Statutory Form
} ;._,.,....:....:.. . :....w.n.:..rt:..u,.a:..i..:�..ie,d�i. ;. .:Y•,+,�rg.."`a.,'s^.adSai,m- se-^�.s�a..."s-mss-. �.iv;t`;-a�-'..�+s,�:i
2JT i r� °;iyot�ay,
O d�K Recorded o, 2 ddaek /.M.faMQ 9.SLIM
H 1659253
p 1. Rec. No. ..._..___....._.._... s. Lea show, Jr., RReNtU �'•i
l�l
I I
WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS, That Hensel Phelps Construction Co., P-r
o,
r�
of the County of Weld and State of Colorado, for the consideration of Ten Dollars and i -X=
other valuable considerations in hand paid, hereby sells and conveys to E. D. Warde, • -
I In of the County of Denver and State of Colorado, the following real estate and property,
C
ri situate in the County of Weld and •
sState of Colorado, to-wit:
•
The South Half Southeast Quarter (S;.SE'a), Section Twenty Six (26) • .
o Township Six,(6) North, Range Sixty-Seven (67) West of the 6th P.M. ; o-
o Together with eight (8) shares of the capital stock of the Whitney Ditch o
A0 Company; a
V
Together with all water and water rights appurtenant to and used in �n
connection with said property including all ditches and ditch rights, o,
reservoir and reservoir rights appertaining or used in connection -
therewith;
Also conveying herewith all of the grantors rights, title and interest
in and to all oil, gas and other minerals whatsoever,
together with all its appurtenances,.and warrants the title to the same, subject, however, -
to the following: - .
1. The unpaid balance of a Deed of Trust recorded under Reception No.
1511758 in Hook 590 of the Weld County Records which the grantee
assumes and agrees to pay when due. •
2. Right-of-way Agreement recorded in Book 938 at Page 593 of the - ,-
Weld County Records. State Documentary Fee _
APR 291975
3. 1975 taxes due and payable in 1976. Date _
4. Oil and gas lease now existing on the premises. The gra ml s
benefits of which have been assigned to the grantee. _. _•
SQ1 d and delivered this 29th day of April, 1975.
etest:* HENSEL PHELPS CONSTRUCTION CO. .B.7' -seddltee,4457'�• � Robert A. Ruyle, i President
d .. n�aiataAt Secretary -
` y .
STAT4 U,ca0)LORADO )
SS 'F .
COUNTY OF WELD ) ,_.;._
The foregoing instrument was acknowledged before me this ° day of
of,...,;,( , 1975, by Robert A. Ruyle as Vice President and ,w.o ia 1u
as Assistant Secretary of Hensel Phelps Construction Co. .,.-_..
ojuoloo
WITNESS my hand and official seal. O •"....... d. _
My commission expires: 46c.../././975- .': q..c/. ; -.
o; de ",q p0' i ,T-
o m Notary Publ,(r.:•........ ' • • - -
1Y En^
AR2086589 B 1144 REC 02086589 01/30/87 08:38 $9.00 1/003
F 1248 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
QUIT CLAIM DEED (WITH COVENANT)
THIS DEED, made this 30th day of September, 1986, between
RUBEN HERGERT, PAULINE SCHEID and JAMES PIVONKA, Trustees for the
Gotfret Hergret Family Trust of the County of Weld and State of
Colorado, grantors; and E. D. WARDS, whose legal address is P.O.
Box 10265, of the City and County of Denver, and State of
Colorado, grantee,
WI'TNESSE'TH, that the grantors, for and in consideration of
the sum of Ten Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged have remised, released, sold, conveyed and QUIT
CLAIMED, and by these presents do remise, release, sell, convey
and QUIT CLAIM unto the grantee, his heirs, successors and
assigns, forever, all the right, title, interest, claim and
demand which the grantors have in and to the real property,
together with improvements, if any, situate, lying and being in
the County of Weld and State of Colorado, described as follows:
The South Half of the Southeast Quarter (S1/2
SE 1/4) of Section Twenty-six (26) , Township
Six (6) North, Range Sixty-seven (67) nest of
the 6tn P.M., including all of grantors' legal
rights, title and interest of whatsoever nature
in and to all oil, gas, hydrocarbons and other
minerals in, on and under such lands;
In return for the above conveyance, the grantee
agrees to account for and pay to the grantors
one-fourth (25%) of all monies received as
bonus, delay rental or royalty from or
attributable to any leases of the above
described property or production of oil, gas,
hydrocarbons and othe . minerals therefrom until
.-. February 21, 2000. .his covenant to pay money
shall not be construed as a mineral or royalty
interest and shall carry with it no executive
or other rights to lease, to explore for.,
remove or extract any minerals or any rights of
ingress or egress to and from the property, but
:hall bind the parties hereto, their heirs,
successors, assigns, personal representatives
and administrators and shall constitute a
covenant running with the title to the land
until Feb ,ary 21, 2000, at which time said
covenant snail terminate and be of no efts0t.
Grantee, his heirs and assigns, shall have the
sole power to lease any and all minerals in,
under and upon said lands and any lease or
•
B 1144 REC 02086589 01/30 08:38 $9.00 2/003
F 1249 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO
other document executed by grantee shall bind
the interest of grantors in and to the monies
derived therefrom. Any lessee, production
n all
purchaser or other payor shall pay any
monies due and owing as a result of such lease
or production of oil, gas or other minerals to
grantee only and shall have no responsibility
to pay any portion thereof to grantors.
TO dAVE AND TO HOLD the same, together with all and singular
the appurtenances and privileges thereunto belonging or in
anywise thereunto appertaining, and all the estate, right, title,
interest and claim whatsoever, of the grantors, either in law or
•
equity, to the only proper use, benefit and behoof of the
grantee, his heirs and assigns forever.
IN WITNESS WHEREOF, the grantors have executed this deed on
the date set forth above.
Ace /ic n 972-1``QQ
Ruben Hergert, TL.Gstee
J
(2,4-c t-t-rt.L-+ ., 7 et-'
Pauline Scheid, Trustee
James Pivonka, Trustee
STATE OF COLORADO
ss
COUNTY OF WELD
Tne foregoing instrument was acknowledged this 30th day of
.—.eptember, 1986 by Ruben Hergert, Pauline Scheid, and James
Ivonka, Trustees of the Gotf ret Hergert Family Trust.
Witness my hand and official seal. .' ,:; "'
M commission expires:MY Commission Expires '
Y August 22, 1/98��7
l
Notary blic
_2_
58901/3b 0B 1144 MA 0A N6 FEU STEIN 7 & $9.00 3/003
F 1250 MARY ANN FEUERSTEIN CLERK G RECORDER WELD CO, CO
EPTED AND APPROVED:
E. D. garde
STATE OF COLORADO )
) SS.
COUNTY OF d(1 C/9U1.1 )
The foregoing instrument was acknowledged this iV day of
AKeT 4iR0/W//k / by E. D. Warde. ..:.,3f3'+.;.
January, 1987 �)1�\.
Witness my hand and official seal.
My commission expires: , ,
My Cppmbsxn expires 1xr 4.196 /. i_-::-
- _` ,.' ,
1650 SOULE COLORADO BLVD. / / td-iii./ ./'d *
Denier Cat 222 Notary Public �i
-3-
r
•
B 1252 REC 02202033 01/05/90 15:53 x5.00 1/001
AR220203.3 - F 2134 MARY ANN FEUBRSTEIN CLERK 6 RECORDER WELD CO, CO
was
THIS DEED e a conveyance of the Foal properly dascrlbad below.Meld:big any IlnprOvamena and Other appurbMencs(the
moan I from IM Mdendual(s).nerperalion(s).Osrtnenn.D(al,01OnwemOtytiesl femedbhlowa GRANTOR N the uncliverualls)
or enteytes)named below as GRANTEE.
The GRANTOR hereby sells and conveys the properly to the GRANTEE and the GRANTOR warrants IM title to the properly.
w.tept far 111 Ina ken of the genital dro(erly taxes to the year WINS deed.which the GRANTEE well pay 12)any eatements and
r ghts•of•way shown or Mooed 131 any patent reservaiore and eappllons(4)any ouptanding mineral Ilxare to Shown of record GI
.F. env ormactire covenants and realnehons shown et recce.and(S)any addition made,,shown below under-Additonaf warranty
5.84'captl°
The SpecRlc Tema of This Deed Art.
Granter IOrf',Metal and aaa(sl Of raseMce lithe MOON atMarMnaanlor m Pant Minn peed M*lea hsmenNed NOM danldr
grantees M husleand and wed)
E. D. WARDE
Grantee: 'Owe wen M and ad«Ne1N,stalMNnt el aloes.secluding Medadie rued Of OW manbal,a'Said I
ROBERT J. DIETZEN AND LORI J. GIETZEN
31061 WCR 23 GREELEY CO 80631
Form Of Co-Ownefelap: ill male Me two or mw,awns named ewe will bet«N1dwad 10184e el tenants M e«NMn Wan IMwads•m
tom,IMM« es words of IM sure meting IN added n 11*Sala below.)
JOINT TENANTS
Property Description: nnMNde county and scam I
THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 26, TOWNSHIP 6 NORTH, RANGE 67
WEST OF THE 6TH P.M., WELD COUNTY, COLORADO.
State mentary Fee
Date x.42990
s
Propel,Address: 31061 WCR 23 GREELEY CO 80631
Consldeellen: ,rn.Nx:menl ofa Imam amount.,pannal.IawuMncommnimmn To.mn erne whot..wesaneaumee Mn cemmanoo•e
•owr.ke l at.a pit M any CM!mn CMMyanrt ts,bNlute boat MM Ypwm1IMY I
TWO HUNDRED FIFTY EIGHT THOUSAND AND 00/100
R.servapons.ReamNlcus: nI In.GRANTOR dens to'neneany interest mew moiety a to enweyt e.ma neowns a diMOAANTGR
- Seller specifically lam; a"' gti�liebMepr^nn iftteet3hl of the bore hole
P Y e
'- known as the Warde 1-26 well. Seller further specifies ownership of the equipment
currently in place at well site and retains the right to remove said equipment
c t ch Lime as seller chooses.
G NdeR10aN elwanly EMcapNM17: fknpkun dams of trial he,p Mai mid Mp emu mallets min cote'LM AVM 1
J
C
9
JANUARY 4, 1990
♦.+...tall nr inn G.mmM on e _
alplatun Choi led Cerperaaan.I elaMMq M Aeaeaden: ••-... tgnieue Clan.Nr N:
Ntme of Grantor C«paH,M,Peet ap or AadCutiM a l4 WI11U:1 � Grinner
e. --
I u /: OIaMa
STATE OF COLORADO I N .;�!.,•k;"
COUNTY OF WELD
TM beveeN,Meumem we acknowledgea Won rim On 4th are ••• `:l 9
Or*
E. D. MONDE r.� .
wn"ttt my se and ennui ape s /7N.lr
w e.m.nle.w whew; AUGUST 4, 1992 " /W H//VVtL11.rM�
STATE OF 1 s, 1221 STH AVE., GREELEY, CO.
COUNTY OF
The brevoue mstrumanl was acknowledged[Owe me MO day of .IS
eV•
I'name dlotmtul Ol*peal Of d OMAN ISCOPOMben.PGIVMS1.400f weewwn.ateComfy sawn aptaaede tOfWMa model awmaeryor
askew,...mum or ComonsOna.Or N cannons)of OMOMOltIR er N au11Naf..meMber(al of MNCtahM I
WITNt:a my nand and elhdel sera
sly tM4lsaleR NO= Neer Pablo
•tool IItS. mmoyICK r olaa V �••�/ Me.!el
•t• ere.l a •LICK.Wwaa tow
(sea sea
1182206656 8 1259 REC 02208856 03/26/90 09:40 *30.00 1/006
Ptepared by: r 0581 MARY ANN PEUERSTEIN CLERK & RECORDER WELD CO, CO•
-
HASLER, PONFARA AND MAXWELL
Attorneys at Law
Post Off ice Box 2267 State Document ry Fee
Fort Collins, CO 80522 Date """"'
WARRANTY DEED
THIS DEED, made this 21st day of March, 1990, by and between
ROBERT J. SISTEEN and LORI J. GIETZEN, whose mailing address, for
purposes of this Warranty Deed, is 31061 Weld County Road 23,
Greeley, Colorado 80631 ("the Grantors") , and WINDSOR RESOURCE
CORPORATION, a Colorado Corporation, the mailing address of
which, for purposes of this Warranty Deed, is 760 Whalers Way,
Suite A200, Fort Collins, Colorado 80525 ("the Grantee") .
DC cz�,,g WITNESSETH:
That the Grantors, for and in consideration of the sum of
Ten Dollars ($20.00) and other good and valuable consideration,
to the Grantors in hand paid by the Grantee, the receipt of which
is hereby confessed and acknowledged, have granted, bargained,
sold, and conveyed, and by these presents do hereby grant,
bargain, sell, convey, and confirm unto the Grantee, its
successors and assigns, forever, that certain parcel of real
property, together with all improvements, if any, situate, lying,
and being in the County of Weld, State of Colorado, which is
legally described on Exhibit "A" attached hereto and incorporated
herein by reference ("the Property") .
TOGETHER with all and singular the hereditaments and
appurtenances thereto belonging, or in anywise appertaining, and
the reversion and reversions, remainder and remainders, rents,
issues, and profits thereof, ana all estate, sight, title,
interest, claim/ and demand whatsoever of the Grantors, either in
law or equity, of, in, or to the ftoperty, with the hereditaments
and appurtenances.
TO HAVE AND TO HOLD the Property above bargained and
described with the appurtenances unto the Grantee, its successors
and assigns, forever. And the Grantors, for themselves and their
heirs, administrators, and assigns, do covenant, grant, bargain,
and agree to and with the grantee, its successors and assigns,
that at the time of the unsealing and delivery of these presents
they are well seized of the Property; have good, sure, perfect,
absolute, and indefeasible estate of inheritance, in law, in tee
simple; and have good right, full power, and lawful authority to
grant, bargain, sell, and convey the same in manner and form as
aforesaid; and that, except as hereinafter provided, the same are
free from all former and other grants, bargains, sales, liens, %`�,�/
taxes, assessments, and encumbrances of whatever kind or nature„
soever: and the Grantors do hereby warrant the title to the
same, subject to all easements and rights-of-way in place or as
B 1259 RISC 02208856 03/26/90 09:40 4'30.00 2/006
• F 0582 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO --
now existing or of record; any restrictions, reservations, or
exceptions contained in any United States or State of Colorado
Patents of record: all zoning and other governmental rules and
regulations; general property taxes for the current year; and
expressly subject to all of the following:
Leases and Tenancies: Existing farm lease with Richard
Podtburg & Son.
Mineral Exceptions or Reservations: Those of record.
Mortgages or Deeds of Trusts None.
Retained Property. The Property (being the parcel of real
estate which is legally described on Exhibit "A" and which is
being conveyed by the Grantors to the Grantee by this Warranty
Deed) adjoins a parcel of land which is owned by the Grantors and
which is being retained by the Grantors ("the Retained
Property") . The Retained Property is legally described on
Exhibit "B" attached hereto and incorporated herein by reference.
gagervation of Easement. The Grantors expressly except and
reserve unto themselves and unto their heirs, administrators,
assigns, and invitees, forever, a perpetual, non-exclusive
easement and right-of-way to use the existing irrigation ditch
crossing the Property to provide for the transportation of water
rights retained by the Grantors from the Whitney Ditch over and
across the Property to the Retained Property. Said easement
shall also include a non-exclusive easement and right-of-way over
and across so much of the Property as is reasonably necessary for
the purpose of cleaning, restoring, and/or maintaining said
ditch. Said easement shall run with the Retained Property and
shall be deemed to be an appurtenance thereof.
EE$trictive Covenant-Retained Property. The Grantors, for
themselves, their heirs; administrators, and assigns, hereby
declare that a portion of the Retained Property ("Restricted
Strip") shall be owned, held, transferred, conveyed, sold,
leased, rented, hypothecated, encumbered, used, and occupied
subject to the restrictive covenant that there shall be no
commercial or business use thereof or commercial buildings,
structures, or improvements erected, constructed, or :aaintained
thereon and that the Retained Property shall be used only for
agricultural, wildlife, or forestry purposes, provided that there
shall be no construction of any buildings, structures, or other
improvements upon the Retained Property for those or any other
purposes. The Restricted Strip shall consist of that portion of
- 2 -
B 1259 REC 02208856 03/26/90 09:40 630.00 3/006
F 0583 MARY ANN FEOERSTEIN CLERIC & RECORDER WELD CO, CO
the Retained Property lying West of the existing farm road which
runs in a north-south direction across the Retained Property.
The dimensions of the Restricted Strip are exactly six hundred
forty-eight feet (648') in length and pgproximately one hundred
fifty feet (150') to two hundred fifty feet (250 0) in width. The
foregoing restrictive covenant shall run with the Retained
Property and be binding on all parties having any right, title,
or interest in the Retained Property or any part thereof and
shall inure to the benefit of the Grantee, its successors and
assigns, or to any subsequent owners of the Property. The
Grantors agree that the foregoing restrictive covenant shall be
binding upon the Grantors, their heirs, administrators, and
assigns, and any other party having any right, title, or interest
in and to the Retained Property or any part thereof. The
Grantee, its successors and assigns, and any subsequent owners of
the Property, shall have the right to enforce the foregoing
restrictive covenant by any proceeding at law or in equity
against any person or persons violating or threatening to violate
such restriction and to recover any damages suffered by them as a
result of any violation thereof.
The Grantors, for themselves and their heirs,
administrators, and assigns, do covenant and agree to and with
the Grantee, its successors and assigns, that the Grantee, its
successors and assigns, shall and may lawfully and at all times
hereafter peaceably and quietly have, occupy, possess, and enjoy
the Property hereby granted, or intended so to be, with the
appurtenances without the lawful hindrance or molestation of the
Grantors, their heirs, administrators, and assigns, or of any
other person or persons whomsoever, by or with their consent,
privity, or procurement.
IN WITNESS WHEREOF, the Grantors have executed this Warranty
Deed the day and year first above
4:11 ILL>
RO J. GI
JJam.
I G!• + 'ETZ S
- 3
836 F 0584 MARY0ANNSFEUERSTEIN/CLERR9:4 RECORDER WELD CO, CO
STATE OF COLORADO )
) ss.
COUNTY OF LARINER )
The foregoing instrument was acknowledged before me this
21st day of March, 1990, by ROBERT J. GIETZEN and LORI J.
GIETZEN.
WITNESS my hand and official seal.
My commission expires: hi/ 0 / 426 •.: ooh.0.•nx // ^•
[� 411
CPS+` r. t a:
Notary Public ...,. f 4,'
..�•
'••'• 410 Nrp.N.M1•
•
- a -
B 1259 REC 02208856 03/26/90 09:40 *30.00 5/006
F 0585 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO. CO
EXHIBIT MA" ATTACHED TO AND MADE A PART OF THE WARRANTY DEED
BETWEEN ROBERT J. GIETZEN AND LORI J. GIETZEN ("THE GRANTORS")
AND WINDSOR RESOURCE CORPORATION ("THE GRANTEE")
LEGAL DESCRIPTION
OF THE PROPERTY
Lot A of Recorded Exemption No. 0807-26-4-RE1245,
recorded March 19, 1990, in Book 1258 as Reception
No. 02208245, being a part of the 51/2 of the SE1/4 of
Section 26, Township 6 North, Range 67 West of the
6th P.M. , County of Weld, State of Colorado.
(Vacant land, no street address assigned)
TOGETHER WITH all wells and well rights, water and
water rights, ditches and ditch rights, reservoirs and
reservoir rights belonging or in anyway appertaining to
the above-described property, including, but not by way
of limitation, six (6) shares of the capital stock of
The Whitney Irrigation company.
- 5 -
B 1259 REC 02208856 03/26/90 09:40 630.00 6/006
F 0586 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO. CO
EXHIBIT "B" ATTACHED TO AND MADE A PART OF THE WARRANTY DEED
BETWEEN ROBERT J. GIETZEN AND LORI J. GIETZEN ("THE GRANTORS")
AND WINDSOR RESOURCE CORPORATION ("THE GRANTEE")
jflL DESCRIPTION
QF THE RETAINED PROPERTY
Lot B of Recorded Exemption No. 0807-26-4-881245,
recorded March 19, 1990, in Book 1258 as Reception
No. 02208245, being a part of the S1/2 of the SE1/4 of
Section 26, Township 6 North, Range 67 West of the
6th P.M. , County of Weld, State of Colorado.
(Vacant land, no street address assigned)
(1
- 6 -
AR2200059 s 1259 REC 02208859 03/26/90 09:41 415.00 1/003
Prepared by: F 0598 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO
r
HASLER, FONFARA AND MAXWELL
Attorneys at Law
Post Office Box 2267
Fort Collins, CO 80522 State Documentary Fee
Date 3'474 .9O
WARRANTY DEED 3 &5, 9
THIS DEED, made this 21st day of March, 1990, by and between
ESTHER EHRLICH, whose mailing address, for purposes of this
Warranty Deed, is 11270 Highway 60, Milliken, Colorado 80543
("the Grantor") , and WINDSOR RESOURCE CORPORATION, a Colorado
Corporation, the mailing address of which, for purposes of this
Warranty Deed, is 760 Whalers Way, Suite A200, Port Collins,
Colorado x0525 ("the Grantee") .
That the Grantor, for and in consideration of the sum of
Ten Dollars ($10.00) and other good and valuable consideration,
to the Grantor in hand paid by the Grantee, the receipt of which
is hereby confessed and acknowledged, has granted, bargained,
sold, and conveyed, and by these presents does hereby grant,
bargain, sell, convey, and confirm unto the Grantee, its
successors and assigns, forever, that certain parcel of real
property, together with all improvements, if any, situate, lying,
and being in the County of Weld, State of Colorado, which is
legally described on Exhibit "A" attached hereto and incorporated
herein by reference ("the Property") .
TOGETHER with all and singular the hereditaments and
appurtenances thereto belonging, or in anywise appertaining, and
the reversion and reversions, remainder and remainders, rents,
issues, and profits thereof, and all estate, right, title,
interest, claim, and demand whatsoever of the Grantor, either in
law or equity, of, in, or to the Property, with the hereditaments
and appurtenances.
TO HAVE AND TO HOLD the Property above bargained and
described with the appurtenances unto the Grantee, its successors
and assigns, forever. And the Grantor, for herself and her
heirs, administrators, and assigns, does covenant, grant,
bargain, and agree to and with the Grantee, its successors and
assigns, that at the time of the ensealing and delivery of these
presents they are well seized of the Property: have good, sure,
perfect:, absolute, and indefeasible estate of inheritance, in
law, in fee simple; and have good right, full power, and lawful
authority to grant, bargain, sell, and convey the same in manner
and form as aforesaid: and that, except as hereinafter provided,
the same are free from all former and other grants, bargains,
sales, liens, taxes, assessments, and encumbrances of whatever
kind or nature sower: and the Grantor does hereby warrant the
title to the same, subject to all easements and rights-of-way in
place or as now existing or of record: any restrictions,
•
B 1259 REC 02208859 03/26/90 09:41 415.00 2/003
F 0599 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO
reservations, or exceptions contained in any United States or
State of Colorado Patents of record: all zoning and other
governmental rules and regulations; general property taxes fur
the current year; and expressly subject to all of the following:
Leases and Tenancies: None.
Mineral Exceptions or Reservations: Those of record. It is not
the intention of the Grantor to convey to the Grantee any
interest which the Grantor, or other members of the Grantor's
family, may have in and to the undivided fifty percent (50%)
interest in all oil, gas, and other minerals vested in Ruben
Hergert, Pauline Scheid, and James Pivonka, Trustees of the
Gotfret Hergert Family Trust by the terms of the Judgment and
Decree dated December 27, 1985, entered by the District Court of
the County of Weld, State of Colorado, in Case No. 85-CV-1006, of
which Judgment and Decree was recorded January 8, 1986, in
Book 1098 at Reception No. 2038470. It is the intent of the
Grantor to convey to the Grantee any and all rights and powers
they have to make and execute oil and gas leases regarding the
Property.
Mortgages or Deeds of Trust: None.
The Grantor, for herself and her heirs, administrators, and
assigns, does covenant and agree to and with the Grantee, its
successors and assigns, that the Grantee, its successors and
assigns, shall and may lawfully and at all times hereafter
peaceably and quietly have, occupy, possess, and enjoy the
Property hereby granted, or intended so to be, with the
appurtenances, without the lawful hindrance or molestation of the
Grantor, her heirs, administrators, and assigns, or of any other
person or persons whomsoever, by or with her consent, privity,
or procurement.
IN WITNESS WHEREOF, the Grantor has executed this Warranty
Deed the day and year first above written. Wait}
r / '
�A a t/ _
ECH
STATE OF COLORADO )
) SS.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before . tr4naa ;!:
21st day of March, 1990, by ESTHER EHRLICH. ••. o
WITNESS my hand and official seal. /gas, p io ,
My commission expires: I///i,)/oJ �; om
•� 1,"•• ,t•
r dA t4 1C ••••iTAT E,,?
Notary Publ c
- 2
B 1259 RISC 02208859 03/26/90 09:41 815.00 3/003
F 0600 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE WARRANTY DEED
BETWEEN ESTHER EHRLICH ("THE GRANTOR") AND WINDSOR RESOURCE
CORPORATION ("THE GRANTEE")
LIGAL DESCRIPTION
OF THE PROPERTY
Lots A and B of Recorded Exemption No. 0807-35-1-
RE1244, recorded March 19, 1990, in Book 1258 as
Reception No. 02208246, being the N1/2 of the NE1/4 of
Section 35, Township 6 North, Range 67 West of the
6th P.M., County of Weld, State of Colorado.
(Street address: 30801 Weld County Road 23, Greeley,
Colorado)
TOGETHER WITH all wells and well rights, water and
water rights, ditches and ditch rights, reservoirs and
reservoir rights belonging or in anyway appertaining to
the above-described property, including, but not by way
of limitation, eight (8) shares of the capital stock
of The Whitney Irrigation Company and one (1) water tap
in the City of Greeley.
Including all of Grantor's right, title and interest in
and to (1) a 50% interest in all oil, gas and mineral
rights and (ii) the power to make and execute oil and
gas leases as provided in paragraph 11 of the Judgment
and Decree recorded in Book 1098, Reception 02038470 of
the Weld County, Colorado records.
- 3
• AR22Daa65 S 12s 5 REC 0220886 03/26/90 09:66 4_..00 1/003
F 0613 MARY ANN FEDERSTEIN CLAMS a RECORDER MELD CO, CO
State Documentrrr Fee
SPECIAL WARRANTY Dap (ex.9.T.
$ /so. IQ.._... ..
THIS DEED, made and entered as of the 23rd day of March,
1990, between WINDSOR RESOURCE CORPORATION, a Colorado
Corporation, the mailing address of which, for purposes of this
Deed, is 760 Whalers Way, Suite A200, Fort Collins, Colorado
80525 ("the Grantor"), and EASTMAN KODAK COMPANY, a New Jersey
Corporation, the mailing address of which, for purposes of this
Deed, is Windsor, Colorado 80551 ("the Grantee").
i'r WITNESSETH:
t/;,-y?
That the Grantor, for and in consideration of the sum of
Ten Dollars (810.00) and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged,
has granted, bargained, sold, and conveyed, and by these
presents does hereby grant, bargain, sell, convey, and confirm
unto the Grantee, its successors and assigns, forever, all the
real property, together with improvements, if any, situate,
lying, and being in the County of Weld, State of Colorado, which
is described on Exhibit "A" attached hereto and incorporated
herein by reference ("the Property").
TOGETHER WITH all and singular the hereditaments and
appurtenances thereto belonging, or in anywise appertaining, and
the reversion and reversions, remainder and remainders, rents,
issues, and profits thereof; and all the estate, title, title,
interest, claim, and demand whatsoever of the Grantor, either in
law or equity, of, in, and to the Property, with the
hereditanents and appurtenances.
TO HAVE AND TO HOLD the Property with the appurtenances
unto the Grantee, its successors and assigns, forever. The
Grantor, for itself and its successors and assigns, does covenant
and agree that it shall and will warrant and forever defend the
Property in the quiet and peaceable possession of the Grantee,
its successors and assigns, against all and every person or
persons claiming the whole or any part thereof, by, through, or
under the Grantor, except and subject to the following: all
easements and rights-of-way in place or of record; all zoning and
other governmental rules and regulations; real property taxes for
1990 and all subsequent years; and existing leases or tenancies.
IN WITNESS WHEREOF, the Grantor has executed this Special
Warranty Deed on the date set forth above.
WINDSOR RESOURCE CORPORATION,
>.-T: a Colored poration
F� q+��
e w:0 motpy , . Haler, Cra son, Pres dent
'"�''• n Asst; nt =ecretary
14, .y O.••N�N5J•0J
...nil OF COLORADO )
as.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this
23rd day of March, 1990, by Craig Harrison, as President, and
Timothy W. Nadler, as Assistant Secretary, of WINDSOR
CORPORATION, a Colorado Corporation. ;,�A ... w
..... ..
WITNESS my hand and official seal. ?Me. a
My commission expires: /; 7 / a /� D '" i''
i .7►. ,.,•••
Notary Public
B 1259 RBC 02208865 03/26/90 09:46 815.00 2/003
F 0614 MARY ANN FEUERSTEIN CLERK 6 RECORDER MELD CO, CO
EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE SPECIAL WARRANTY
DEED BETWEEN WINDSOR RESOURCE CORPORATION ("THE GRANTOR") AND
EASTMAN KODAK COMPANY ("THE GRANTEE")
7Rr.AT, DESCRIPTIQE
OF THE PROPERTY
parcel 1 (Fars 43A1:
Lot A of Recorded Exemption No. 0807-26-4-RE455, being
the N1/2 of the SE1/4 of Section 26, Township 6 North,
Range 67 West of the 6th P.N., County of Weld, State of
Colorado.
(Street address: 31459 Weld County Road 23, Greeley,
Colorado)
TOGETHER WITH one (1) City of Greeley water tap.
parcel 2 (Pare 43B1:
Lot B of Recorded Exemption No. 0807-26-4-RE455, being
the N1/2 of the SE1/4 of Section 26, Township 6 North,
Range 67 West of the 6th P.M., County of Weld, State of
Colorado.
(Vacant land, no street address assigned)
parcel 3 (Farm 441:
Lot A of Recorded Exemption No. 0807-26-4-RE124S,
recorded March 19, 1990, in Book 1258 as Reception
No. 02208245, being a part of the S1/2 of the SE1/4 of
Section 26, Township 6 North, Range 67 West of the
6th P.N., County of Weld, State of Colorado.
(Vacant land, no street address assigned)
peel 4 (Farm 451•
Lots A and B of Recorded Exemption No. 0807-35-1-
RE1244, recorded March 19, 1990, in Book 1258 as
Reception No. 02208246, being the N1/2 of the NE1/4 of
Section 35, Township 6 North, Range 67 West of the
6th P.M., County of Weld, State of Colorado.
(street address: 30801 Weld County Road 23, Greeley,
Colorado)
TOGETHER WITH one (1) City of Greeley water tap.
parcel 5 (Farm 461 :
Lot B of Recorded Exemption No. 0805-35-1-RA475,
recorded January 21, 1981, in Book 925 as Reception
No. 1847470, and Lot B of Recorded Exemption
No. 0807-4-35-RE476, recorded January 21, 1981, in
Book 925 as Reception No. 1847472, all being a part of
the South 1/2 of the Northeast 1/4 and a part of the
North 1/2 of the Southeast 1/4 of Section 35 and that
portion of the North 1/2 of the Southwest 1/4 of
Section 36 lying Nest and South of Weld County Road 23
and North of the Cache La Poudre River, all in
Township 6 North, Range 67 West of the 6th P.N., County
of Weld, State of Colorado.
(Vacant land, no street address assigned)
- 2 -
• B 1259 REC 02208865 03/26/90 09:46 615.00 3/003
F 0615 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO. CO
PAGE 2 TO EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE SPECIAL
WARRANTY DEED BETWEEN WINDSOR RESOURCE CORPORATION ("THE
GRANTOR") AND EASTMAN KODAK COMPANY ("THE GRANTEE")
7FGM, fESCRIPTIOR ."
=MS"
PROPERTY
(Continued from Exhibit "A")
Mal 6 (Farm 871: -
A tract of land located in the W1/2 of Section 35,
Township 6 North, Range 67 West of the 6th P.N., being
more particularly described as follows:
Considering the West line of the NN1/4 of said
Section 35 as bearing North 00'24'01" West, and with
all bearings contained herein relative thereto:
Commencing at the Northwest corner of the S1/2 of the
Nwi/4 of said Section 35, said corner also being the
TRUE POINT OF BEGINNING: thence North 89'35'58" East
2633.96 feet along the North line of the 81/2 of the _.
1012/4 of said Section 35 to an existing brass cap set
by Kodak which is the intersection of existing fence
lines; thence along a line approximating an existing
fence line, South 00'18'00" East, 1324.77 feet to a pin
representing the approximate angle point in the fence;
thence, continuing along said fence line, South
26'51'28" East, 1318.84 feet to the East line of the
SW1/4 of said Section 35: thence, along the said East
line, South 09.08'32" East, 1349.71 feet to the South
quarter corner of said Section 35; thence along the
South section line North 80'35'24" West, 2253.89 feet
to the Southwest corner of said section 35; thence
North 29'51'36" West, 2446.94 feet to the West quarter
corner of said Section 35; thence along the said West
line of the NW1/4 North 00.24'01" West, 1324.92 feet to
the TRUE POINT OF BEGINNING.
(Street address: 30914 Highway 257, Windsor, Colorado)
TOGETHER WITH all wells and wall rights, water and
water rights, ditches and ditch rights, reservoirs and
reservoir rights belonging or in anyway appertaining to
the above-described property, including, but not by way
of limitation, forty-six (46) shares of the capital
stock of The Whitney Irrigation Company.
- 3 -
O.1 J When recordedretumto: Liiiipooll11111 tIll!t111111111111111111III!1111
Frank L.Johnson
Esq. 2/23/2006 03:49P ry
Often Robinson Neff&Ragonetti P.C. 1 at 6 R 31 0 130 U0 Weld Cerro CO
950-17th Street,Suite 1600 Steve Moreno Clerk a Recorder
Denver,CO 80202
SPECIAL WARRANTY DEED
This SPECIAL WARRANTY DEED("Deed")evidences a conveyance by EASTMAN KODAK
COMPANY,a New Jersey corporation,whose address is 343 State Street,Rochester,NY 14650-0208
("Grantor"),to BROE LAND ACQUISITIONS II,LW,a Colorado limited liability company
("Grantee"),whose address is 252 Clayton Street,Fourth Floor,Denver,CO 80206,Attention:Mr. Alex
Yeros.
Grantor,for and in consideration of the sum of$1,300,000.00,the receipt and sufficiency of
which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does
grant,bargain,sell,convey and confirm unto Grantee,its successors and assigns forever,the real property
located in Weld County,Colorado(the"County")which is described on Exhibit A attached to this Deed
(the"Property"),together with(i)the buildings,fixtures and other improvements owned by Grantor and
located on that Property,(ii)all development rights and air rights relating to the Property,any rights to
any land lying in the bed of any existing dedicated street,road or alley adjoining the Property and to all
strips and gores adjoining the Property,and any other easement,rights-of-way or appurtenances used in
connection with the beneficial use and enjoyment of the Property,and(iii)all and singular the other
hereditaments and appurtenances thereto belonging,or in anywise appertaining,and the reversions,
remainders,rents,issues and profits thereof,and all the estate,right,title,interest,claim and demand
whatsoever of the Grantor,either in law or in equity,of,in and to the Property,and all hereditaments and
appurtenances;but excluding from this Deed(a)any and all minerals,oil,gas and other hydrocarbon
substances on and under the Property,which are being conveyed by a separate Bargain and Sale Mineral
Deed of even date herewith,(b)all water and water rights of any kind,wells and well permits and rights,
groundwater and groundwater rights,ditches and ditch rights,reservoirs and reservoir rights,storage
rights,springs and spring rights,and ditch and water company stock,whether decreed or undecreed,
appurtenant to or historically used in connection with the Property,whether in the nature of tributary,
non-tributary or not non-tributary interests,which,to the extent conveyed to Grantee,are being conveyed
by a separate Water Rights Deed and certain other instruments,each of even date herewith,and(c)the
equipment,fixtures and other improvements owned by Grantor and located within the easements covered
by that certain Easement Agreement of even date herewith,pursuant to which Grantee is granting to
Grantor certain easements over the Property to benefit the adjoining property retained by Grantor,which
Easement Agreement will be recorded subsequent to this Deed.
TO HAVE AND TO HOLD the Property,with the appurtenances unto Grantee,its successors
and assigns forever. And Grantor,for itself,its successors and assigns,does covenant and agree that
Grantor shall and will WARRANT AND FOREVER DEFEND the Property and appurtenances and the
title to it in the quiet and peaceable possession of Grantee,its successors and assigns,against all and every
person or persons claiming or to claim the whole or any part thereof by,through,or under Grantor,except
for the lien of taxes and assessments for the current year and all subsequent years and the matters shown
on Exhibit B attached to this Deed. t
Dated:As of Februarys 2005.
EASTMAN KODAK COMPANY,
a New y tion
4) By:
its. e n
re
.w..umrww
fc-C asa141ga_3
�I It 111111111NItItVIIH10111IIIlU��IIIIIIII
ewrder
2 of S R 31.00 D 130.00 Slew Moreno Clerk&R
STATE OF NEW YORK )
)ss.
COUNTY OF NM/ice-
The foregoing instrument was acknowledged before me this u•1 day of February,2005,by
(t1 P Van(rrwk,'la..#4 ,as.kw.J✓(Au.f'and' .f of EASTMAN KODAK COMPANY,a New
Jersey corporation.
Witness my hand and official seal.
Notary Public
—61 ' reguuatr1ns servo asstwutoD
My commission expires: of ..off. • MARK R WRIGHTyro),maw "n etc_ •oggnd&ivory Notary Public.State of New York
r9IdN yy Monroe County
Commission Expires September 11. 111190
2
III itileIllelSlll�l��'III�II111131111 it 111 coder
t 6 R 3 130'00 a Moreno
EXHIBIT A
Legal Descripdon
A TRACT OF LAND SITUATE IN SECTION 26,TOWNSHIP 6 NORTH,RANGE 67 WEST,OF THE
6TH P.M.,COUNTY OF WELD,STATE OF COLORADO,BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
PARCEL 1:
LOT B,RECORDED EXEMPTION NO.0807-26-4-RE 455 BEING LOCATED IN THE N 1/2 OF THE
SE 1/4 OF SECTION 26,TOWNSHIP 6 NORTH,RANGE 67 WEST OF THE 6"P.M.,COUNTY OF
WELD,STATE OF COLORADO,ACCORDING TO THE PLAT RECORDED SEPTEMBER 30, 1980
IN BOOK 916 AT RECEPTION NO. 1837553.
PARCEL 2:
THE WEST HALF OF THE NORTHEAST QUARTER(W I/2 NEI/4)OF SAID SECTION 26,
TOWNSHIP 6 NORTH,RANGE 67 WEST OF THE 6TH P.M.,COUNTY OF WELD,STATE OF
COLORADO,EXCEPT THE NORTH 65 FEET THEREOF;
JOGETHER WITH THE FOLLOWING DESCRIBED STRIP OF LAND:
BEGINNING AT THE CENTER QUARTER CORNER OF SAID SECTION 26,TOWNSHIP 6
NORTH,RANGE 67 WEST OF THE 6T"P.M.,COUNTY OF WELD,STATE OF COLORADO,AND
CONSIDERING THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 26 TO
BEAR N00°25'22"W,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 S00°25'32"E, 1,320.21 FEET TO THE CENTER SOUTH SIXTEENTH CORNER OF SAID
SECTION 26;
THENCE S89°40'37"W, 138.47 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. N24°53'10"E,59.12 FEET;
2. 57.14 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
130.50 FEET, A CENTRAL ANGLE OF 25°05'21", AND A CHORD WHICH BEARS
N12°20'30"E,56.69 FEET;
3. N00°12'I 1'W,82.36 FEET;
4. 72.95 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
116.50 FEET, A CENTRAL ANGLE OF 35°52'46", AND A CHORD WHICH BEARS
NI8°08'34"W,71.77 FEET;
5. N36°04'57"W,82.47 FEET;
A-1
111111111111I1111111111111111111111III111111111till
3253059 02123/2006 03:49P Weld Conly, CO
4 of 6 R 31.00 0 130.00 Steve Moreno Clerk&Recorder
6. 87.84 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
139.50 FEET, A CENTRAL ANGLE OF 36°04'44", AND A CHORD WHICH BEARS
N 18°02'35"W,86.40 FEET;
7. N00°00'13"W,3,460.53 FEET;
8. 27.50 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
69.50 FEET, A CENTRAL ANGLE OF 22°40'21", AND A CHORD WHICH BEARS
NI1°19'58"E, 27.32 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF
WELD COUNTY ROAD 66 AS DESCRIBED IN THE DOCUMENTS RECORDED AT
RECEPTION NOS.2440899 AND 2440900;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE,N89°44'24"E, 165.49 FEET TO A
POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 26;
THENCE ALONG SAID WEST LINE,S00°25'22"E,2,575.57 FEET TO THE POINT OF
BEGINNING.
A-2
111111111111111111111111111111111111111111111111
3 "2555
IIt231 03:49P Weld County CO
6 of 6 R 31.00 D 130.00 61ae Moreno Clerk&Recorder
EXHIBIT B
Permitted Exceptions
1. TAXES FOR THE YEAR 2005 AND SUBSEQUENT YEARS, A LIEN NOT YET DUE OR
PAYABLE.
2. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE
PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 17, 1876,IN
BOOK 20 AT PAGE 90.
3. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE
PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED DECEMBER 16,
1886,IN BOOK 51 AT PAGE 52.
4. RIGHT OF WAY EASEMENT AS GRANTED TO CITY OF GREELEY IN INSTRUMENT
RECORDED MARCH 20, 1907,IN BOOK 251 AT PAGE 565.
5. RIGHT OF WAY EASEMENT AS GRANTED FOR DITCH IN INSTRUMENT RECORDED
OCTOBER 14, 1921,IN BOOK 634 AT PAGE 499.
6. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED OCTOBER 04,
1921 IN BOOK 634 AT PAGE 502.
7. TERMS, CONDITIONS AND PROVISIONS OF RESERVATION IN DEED RECORDED
JANUARY 22, 1954 IN BOOK 1380 AT PAGE 363 AND MODIFIED JANUARY 8, 1986 AT
RECEPTION NO.2038470 IN BOOK 1098.
8. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC
ASSOCIATION, INC. IN INSTRUMENT RECORDED AUGUST 18, 1976, UNDER
RECEPTION NO. 1696513 IN BOOK 775.
9. UNDIVIDED 1/2 INTEREST IN AND TO ALL OIL, GAS AND OTHER MINERALS AS
RESERVED IN DEED RECORDED AUGUST 23, 1976, UNDER RECEPTION NO. 1696840
IN BOOK 775, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS
THEREIN.
10. RIGHT OF WAY EASEMENT AS GRANTED IN INSTRUMENT RECORDED OCTOBER
17, 1978,UNDER RECEPTION NO. 1769987 IN BOOK 848.
11. RIGHT OF WAY EASEMENT AS GRANTED IN INSTRUMENT RECORDED NOVEMBER
03, 1988,UNDER RECEPTION NO.2160794 IN BOOK 1215.
12. RIGHT OF WAY EASEMENT AS GRANTED TO PUBLIC SERVICE COMPANY OF
COLORADO IN INSTRUMENT RECORDED JULY 06, 1989, UNDER RECEPTION NO.
2184648 IN BOOK 1237.
13. RIGHT OF WAY EASEMENT AS GRANTED TO CITY OF GREELEY IN INSTRUMENT
RECORDED DECEMBER 08, 1932,IN BOOK 940 AT PAGE 399.
• B•1
1111111111111111111111111111111111111111111111111111111
3263060 02/23/2006 03:49P Weld County, CO
6 of 6 R 31.00 0 130.00 Sfeve Moreno Clerk&Recorder
EXHIBIT B
Permitted Ezceptions
(continued)
14. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED AUGUST 12,
1953 IN BOOK 1364 AT PAGE 349.
15. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC
ASSOCIATION,INC. IN INSTRUMENT RECORDED MAY 15, 1973, UNDER RECEPTION
NO. 1613253 IN BOOK 691.
16. RIGHT OF WAY EASEMENT AS GRANTED TO CITY OF GREELEY IN INSTRUMENT
RECORDED JANUARY 14, 1975,UNDER RECEPTION NO. 1651934 IN BOOK 730.
17. RIGHT OF WAY EASEMENT AS GRANTED TO PUBLIC SERVICE COMPANY OF
COLORADO IN INSTRUMENT RECORDED JULY 31, 1989, UNDER RECEPTION NO.
2186799 IN BOOK 1239.
18. TERMS, CONDITIONS AND PROVISIONS OF R.O.W. SURVEY PLANS RECORDED
OCTOBER 09, 1990 AT RECEPTION NO.2229626.
19. MATTERS AS SET FORTH ON SURVEY 1025.0001.00 DATED FEBRUARY 17, 2005 BY
TST,INC.
3334479 3.DOC
B-2
099 When recorded return to: I IIIIII 1101 MI NIU 0101�����11111���11111 IIII lilt
JFrank L.Robinson,Esq. 132.5°90 096 R 611/20p 171.2060 SteWireelgdjp po CIecoo &Recorder
v Often Johnson Robinson Neff&Ragonetti P.C.
950-17th Street,Suite 1600
Denver,CO 80202
SPECIAL WARRANTY DEED
(East Property Tract 2)
This SPECIAL WARRANTY DEED("Deed")evidences a conveyance by EASTMAN KODAK
COMPANY,a New Jersey corporation,whose address is 343 State Street, Rochester,NY 14650-0208
("Grantor"),to BROE LAND ACQUISITIONS II,LLC,a Colorado limited liability company
("Grantee"),whose address is 252 Clayton Street,Fourth Floor,Denver,CO 80206,Attention:Mr. Alex
Yeros.
Grantor,for and in consideration of the sum of S 1,712,000.00,the receipt and sufficiency of
which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does
grant,bargain,sell,convey and confirm unto Grantee,its successors and assigns forever,the real property
located in Weld County,Colorado(the"County")which is described on Exhibit A attached to this Deed
(the"Property"),together with(i)the buildings,fixtures and other improvements owned by Grantor and
located on that Property,(ii)all development rights and air rights relating to the Property,any rights to
any land lying in the bed of any existing dedicated street,road or alley adjoining the Ptvpnty and to all
strips and gores adjoining the Property,and any other easement,rights-of-way or appurtenances used in
connection with the beneficial use and enjoyment of the Property,and(iii)all and singular the other
hereditaments and appurtenances thereto belonging,or in anywise appertaining,and the reversions,
remainders,rents,issues and profits thereof,and all the estate,right,title,interest,claim and demand
whatsoever of the Grantor,either in law or in equity,of,in and to the Property,and all hereditaments and
appurtenances;but excluding from this Deed(a)any and all minerals,oil,gas and other hydrocarbon
substances on and under the Property,which are being conveyed by a separate Bargain and Sale Mineral
Deed of even date herewith,(b)all water and water rights of any kind,wells and well permits and rights,
groundwater and groundwater rights,ditches and ditch rights,reservoirs and reservoir rights,storage
rights, springs and spring rights,and ditch and water company stock,whether decreed or undecreed,
appurtenant to or historically used in connection with the P,vperty,whether in the nature of tributary,
non-tributary or not non-tributary interests,which,to the extent conveyed to Grantee,are being conveyed
by a separate Water Rights Deed and certain other instruments,each of even date herewith,and(c)the
equipment,fixtures and other improvements owned by Grantor and located within the easements covered
by that certain Easement Agreement of even date herewith,pursuant to which Grantee is granting to
Grantor certain easements over the Property to benefit the adjoining property retained by Grantor,which
Easement Agreement will be recorded subsequent to this Deed.
TO HAVE AND TO HOLD the Property,with the appurtenances unto Grantee,its successors
and assigns forever. And Grantor,for itself,its successors and assigns,does covenant and agree that
Grantor shall and will WARRANT AND FOREVER DEFEND the Property and appurtenances and the
title to it in the quiet and peaceable possession of Grantee,its successors and assigns,against all and every
person or persons claiming or to claim the whole or any part thereof by,through,or under Grantor,except
for the lien of taxes and assessments for the current year and all subsequent years and the matters shown
on Exhibit B attached to this Deed.
Dated: As of June 15,2005.
EASTMAN KODAK COMPANY,
a New Jersey corporation
)44 By: . L. v\-\L1.7 ���.ao Its: s ttarY
„. ccc asoSo%%,
111111111111 111111111111111111111111111 I I 1111111111
3296099 06/15/2006 02:60P Weld County, CO
2 of 6 R 31.00 D 171.20 Stew Merino Clerk b Recorder
STATE OF NEW YORK
)ss.
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this 1,0_day of June,2005,by
Laurence-L Ni c k(Q ,as crtto r/d of EASTMAN KODAK COMPANY,a New
Jersey corporation.
Witness my hand and official seal. /D/A,�0�, //////p/// //(y//7/�f
�Cia4)1.r1 . Y lA. ..,yyWMi„h„
KATHLEEN III??Et.c
Notary Public,State ot New York
My commission expires: QualiMa in nntart<,in ii G •
i W f • ilY 0 J 'O Commission Expires : Q h
2
MINN 111111111111111111111111111 I I 111111 I I I I
.-. 3295099 06/15/2005 02:59P Weld County, CO
3 of 6 R 31.00 D 171.20 Steve Moreno Clerk&Recorder
EXHIBIT A
Legal Description
Tract 2
A TRACT OF LAND SITUATE IN SECTION 26 AND SECTION 35,TOWNSHIP 6 NORTH,
RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1:
LOTS A AND B, RECORDED EXEMPTION NO. 0807-26-4-RE 4064, ACCORDING TO
PLAT RECORDED JUNE 3, 2005 AT RECEPTION NO. 3921882, BEING LOCATED IN
THE S 'A OF SECTION 26, AND THE N 4 OF SECTION 35, TOWNSHIP 6 NORTH,
RANGE 67 WEST OF THE 6TH P.M.,COUNTY OF WELD, STATE OF COLORADO.
PARCEL 2:
LOT A, RECORDED EXEMPTION NO. 0807-35-I-RE 1244, AS SHOWN ON THE PLAT
THEREOF, RECORDED MARCH 19, 1990 AT RECEPTION NO. 2208246, BEING
LOCATED IN THE N %s OF THE NE 1/4 OF SECTION 35,TOWNSHIP 6 NORTH,RANGE 67
WEST OF THE CH P.M.,COUNTY OF WELD,STATE OF COLORADO.
PARCEL 3:
LOT B, RECORDED EXEMPTION NO. 0805-35-I-RE 475, AS SHOWN ON THE PLAT
THEREOF, RECORDED JANUARY 21, 1981, AT RECEPTION NO. 1847470, BEING
LOCATED IN THE S 'A OF THE NE % AND THE N 'A OF THE SE '4 OF SECTION 35,
TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE 6111 P.M., COUNTY OF WELD, STATE
OF COLORADO.
A-1
i 111111 I IIII IIIII III III I IINI III I I3296099 III II II I IINI II II IIII
4 R�� 171.206/2005 Steve Moreno�CleC k 8 Recorder
EXHIBIT B
Permitted Exceptions
1. TAXES FOR THE YEAR 2005 AND SUBSEQUENT YEARS, A LIEN NOT
YET DUE AND PAYABLE.
2. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND
REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO
PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN THE
UNITED STATES PATENT RECORDED DECEMBER 16, 1886, IN BOOK 51
AT PAGE 52.
3. RIGHT OF WAY EASEMENT AS GRATED TO POUDRE VALLEY RURAL
ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED AUGUST
18, 1976, UNDER RECEPTION NO. 1696513 IN BOOK 775.
4. OIL AND GAS LEASE RECORDED DECEMBER 17, 1980 UNDER
RECEPTION NO. 1844571 IN BOOK 923 AND ANY AND ALL
ASSIGNMENTS THEREOF,OR INTEREST THEREIN.
5. TERMS, CONDITIONS AND PROVISIONS OF AFFIDAVIT RECORDED
MARCH 6, 1985 AT RECEPTION NO.20000952 IN BOOK 1060.
6. RIGHT OF WAY EASEMENT AS GRANTED TO PUBLIC SERVICE
COMPANY OF COLORADO IN INSTRUMENT RECORDED OCTOBER 14,
1988, UNDER RECEPTION NO.2158648 IN BOOK 1212.
7. TERMS, CONDITIONS AND PROVISIONS OF RESERVATIONS IN DEED
RECORDED JANUARY 5, 1990 AT RECEPTION NO. 2202033 IN BOOK
1252.
8. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS,
RESERVATIONS AND NOTES ON THE PLAT RECORDED MARCH 19,
1990 AT RECEPTION NO.2208245 IN BOOK 1258.
9. RIGHT OF WAY EASEMENT AS SET FORTH IN INSTRUMENT
RECORDED MARCH 26, 1990, UNDER RECEPTION NO. 2208856.
10. RIGHT OF WAY EASEMENT AS GRANTED FOR RAILROAD IN
INSTRUMENT RECORDED APRIL 29, 1870,IN BOOK 1 AT PAGE 540.
11. RIGHT OF WAY EASEMENT AS GRANTED FOR DITCH IN INSTRUMENT
RECORDED JANUARY 6, 1906, IN BOOK 235 AT PAGE 238.
12. RIGHT OF WAY EASEMENT AS GRANTED TO CITY OF GREELEY IN
INSTRUMENT RECORDED NOVEMBER 4, 1932, IN BOOK 938 AT PAGE
595.
B-1
.� �.
1111111111111111111111111111 111111101 III VIII 11111111
3295099 06/15/2005 02:59P Weld County, CO
6 o1 6 R 31.00 D 171.20 Steve Moreno Clerk&Recorder
13. RIGHT OF WAY EASEMENT AS GRANTED TO CITY OF GREELEY IN
INSTRUMENT RECORDED NOVEMBER 4, 1932, IN BOOK 938 AT PAGE
597.
14. MATTERS AS SET FORTH IN INSTRUMENT RECORDED JANUARY 22,
1954 IN BOOK 1380 AT PAGE 358 AND MODIFIED BY JUDGMENT AND
ORDER RECORDED JANUARY 8, 1986 AT RECEPTION NO. 2038470 IN
BOOK 1098.
15. UNDIVIDED 'A INTEREST IN AND TO ALL OIL, GAS AND OTHER
MINERALS AS RESERVED IN DEED RECORDED MARCH 25, 1977,
UNDER RECEPTION NO. 1714660 IN BOOK 793, AND ANY AND ALL
ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
16. ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS
RESERVED IN INSTRUMENT RECORDED JANUARY 21, 1982, UNDER
RECEPTION NO. 1880688 IN BOOK 959.
17. RIGHT OF WAY EASEMENT AS GRANTED TO PUBLIC SERVICE
COMPANY OF COLORADO IN INSTRUMENT RECORDED JULY 6, 1989,
UNDER RECEPTION NO.2184649.
18. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS,
RESERVATIONS AND NOTES ON THE PLAT RECORDED JULY 19, 1990
AT RECEPTION NO.2208246 IN BOOK 1258.
19. RIGHT OF WAY EASEMENT AS GRANTED TO ASSOCIATED NATURAL
GAS INC IN INSTRUMENT RECORDED OCTOBER 6, 1994, UNDER
RECEPTION NO.2409823 IN BOOK 1462.
20. OIL AND GAS LEASE RECORDED OCTOBER 30, 2000 UNDER
RECEPTION NO. 2803467 AND ANY AND ALL ASSIGNMENTS THEREOF,
OR INTEREST THEREIN.
21. RIGHT OF WAY EASEMENT AS GRANTED TO CITY OF GREELEY IN
INSTRUMENT RECORDED DECEMBER 8, 1932 IN BOOK 940 AT PAGE
399.
22. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED
AUGUST 12, 1953 IN BOOK 1364 AT PAGE 349.
23. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY
RURAL ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED
MAY 15, 1973, UNDER RECEPTION NO. 1613253 IN BOOK 691.
24. RIGHT OF WAY EASEMENT AS GRANTED TO CITY OF GREELEY 114
INSTRUMENT RECORDED JANUARY 14, 1975, UNDER RECEPTION NO
1651933 IN BOOK 730.
B•2
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