HomeMy WebLinkAbout20062936.tiff •
When recorded return to: 11111 0111 ME INN 11 111111 NMIIII lilt
Frank L. Robinson, Esq. 3340222 11/15/2005 03:43P Weld County, CO
ti/ Otten Johnson Robinson Neff&Ragonetti ri�ol 4 R 21.00 D 0.00 Steve Moreno Clerk 8 Recorder
950 - 17th Street, Suite 1600
Denver, CO 80202
BARGAIN AND SALE
MINERAL DEED
(West 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 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:
All right, title and interest of Grantor, if any, in and to the minerals, 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 lessor, 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 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.
DATED as of the IS day of November, 2005.
EASTMAN KODAK COMPANY,
a New Jersey corporation
NIAS Br
Its: rcc .eLny&
STATE OF NEW YORK )
) ss.
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this ZMday of October, 2005,
by �NRs� , as Vey , Peer/deed— of EASTMAN KODAK
COMPA Y, a New Jersey corporation.
Witness my hand and official seal. 71f!' ,//j
Notary Public
My commission expires:
MARK R.WRIGHT
Notary Public. State of New York
Monroe County EXHIBIT
Commission Exuires September 11, S.- I 2006-2936
I Nil Hilt 1(111111N111111111111111111111( Ili11
3340222 11115/2005 03:43P Weld County, CO
2 of 4 R 21.00 D 0.00 Steve Moreno Clerk& Recorder
EXHIBIT "A"
Subject Lauds
A TRACT OF LAND SITUATE IN SECTIONS 27 AND 34, TOWNSHIP 6 NORTH, RANGE
67 WEST, OF THE 6TH P.M.; COUNTY OF WELD, STATE OF COLORADO; BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL I:
THE NW 1/4; THE SW 1/4; THE W 1/2 OF THE NE 1/4; THE W 1/2 OF THE SE 1/4; AND
THE NE 1/4 OF THE NE 1/4 OF SECTION 27, TOWNSHIP 6 NORTH, RANGE 67 WEST, OF
THE 6TH P.M.; COUNTY OF WELD, STATE OF COLORADO;
EXCEPT PARCELS CONVEYED TO WELD COUNTY BY DEEDS RECORDED JUNE 24,
1936 IN BOOK 995 AT PAGES 165, 166 AND 167;
AND EXCEPT PARCEL CONVEYED TO THE DEPARTMENT OF HIGHWAYS BY DEED
RECORDED JANUARY 6, 1964 IN BOOK 502 AT RECEPTION NO. 1425440; AND
EXCEPT PARCEL CONVEYED TO THE TOWN OF WINDSOR BY DEEDS RECORDED
JUNE 2, 1995 AT RECEPTION NO. 2440899 AND 2440900.
PARCEL II:
THE N 1/2 OF THE NW 1/4; THE SW 1/4 OF THE NW 1/4; THE NW 1/4 OF THE NE 1/4;
AND THE SW 1/4 OF SECTION 34, TOWNSHIP 6 NORTH, RANGE 67 WEST, OF THE
6TH P.M.; COUNTY OF WELD, STATE OF COLORADO;
EXCEPT PARCELS CONVEYED TO WELD COUNTY BY DEEDS RECORDED JUNE 24,
1936 IN BOOK 995 AT PAGES 162, 163, 165 AND 167;
AND EXCEPT PARCEL CONVEYED TO THE DEPARTMENT OF HIGHWAYS, STATE OF
COLORADO BY DEED RECORDED JANUARY 14, 1963 IN BOOK 1635 AT PAGE 375;
AND EXCEPT PARCEL CONVEYED BY DEED RECORDED NOVEMBER 20, 1968 IN
BOOK 602 AT RECEPTION NO. 1524120;
AND EXCEPT PARCEL CONVEYED BY DEED RECORDED MAY 14, 1970 IN BOOK 625
AT RECEPTION NO. 1547170;
AND EXCEPT THAT PARCEL CONVEYED BY DEED RECORDED AUGUST 18, 1993 IN
BOOK 1398 AT RECEPTION NO. 2346661;
AND EXCEPT THAT PORTION OF THE SW 1/4 LYING EAST OF THE EAST BANK OF
THE POUDRE RIVER BRANCH THAT RUNS GENERALLY IN AN SOUTHEASTERLY-
NORTHWESTERLY DIRECTION.
THE ABOVE-DESCRIBED PARCELS ALSO BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 27, AND
CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION
TO BEAR N89°24'06"E, WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE
THERETO, BOTH ENDS OF SAID LINE BEING MARKED BY A 3-1/4" ALUMINUM CAP
STAMPED PLS 20685; (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 N38°30'46"E, 82.39 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY
LINE OF EASTMAN PARK DRIVE AS DESCRIBED IN THE DEEDS TO THE TOWN OF
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11111111111 IIIII 1111111 HMI MIMI III 11111 IIII IIII
3340222 11/15/2005 03:43P Weld County, CO
3 of 4 R 21.00 D 0.00 Steve Moreno Clerk& Recorder
WINDSOR RECORDED AT RECEPTION NOS. 2440899 AND 2440900, SAID POINT ALSO
BEING THE POINT OF BEGINNING;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, N89°24'06"E, 2,557.30 FEET;
THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, N89°24'43"E,
2,606.54 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 27;
THENCE S00°31'48"E, 1,256.24 FEET TO THE NORTH SIXTEENTH CORNER COMMON
TO SECTIONS 26 AND 27;
THENCE 589°27'56"W, 1,305.13 FEET TO THE NORTHEAST SIXTEENTH CORNER OF
SAID SECTION 27;
THENCE S00°27'03"E, 1,320.03 FEET TO THE EAST SIXTEENTH CORNER OF SAID
SECTION 27;
THENCE S00°27'03"E, 2,640.33 FEET TO THE EAST SIXTEENTH CORNER COMMON TO
SECTIONS 27 AND 34;
THENCE S05°33'47"E, 1,328.57 FEET TO THE NORTHEAST SIXTEENTH CORNER OF
SAID SECTION 34;
THENCE 589°42'22"W, 1,191.15 FEET TO THE NORTH SIXTEENTH CORNER OF SAID
SECTION 34;
THENCE S89°43'52"W, 1,431.99 FEET TO THE NORTHWEST SIXTEENTH CORNER OF
SAID SECTION 34;
THENCE 505°29'44"E, 1,323.82 FEET TO THE WEST SIXTEENTH CORNER OF SAID
SECTION 34;
THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID
SECTION 34, N89°49'11"E, 112.45 FEET TO A POINT ON THE NORTH TOP BANK OF
THE CACHE LA POUDRE RIVER;
THENCE ALONG SAID NORTH TOP BANK THE FOLLOWING NINE (9) COURSES:
1. S47°39'54"E, 96.16 FEET;
2. $63°19'51"E, 145.64 FEET;
3. 863°20'24"E, 165.53 FEET;
4. $61°36'06"E, 178.58 FEET;
5. S55°49'36"E, 343.62 FEET;
6. S39°11'21"E, 666.47 FEET;
7. S47°14'02"E, 241.40 FEET;
8. S42°09'12"E, 112.35 FEET;
9. S24°37'22"E, 22.47 FEET TO A POINT ON THE NORTHERLY LINE OF THAT PARCEL
DESCRIBED IN THE DEED RECORDED AT RECEPTION NO. 1547170 IN THE OFFICE OF
THE WELD COUNTY CLERK AND RECORDER;
THENCE ALONG THE NORTHERLY AND WESTERLY LINES OF SAID PARCEL THE
FOLLOWING TWO (2) COURSES:
1. 589°59'27"W, 15.96 FEET;
2. S00°00'33"E, 46.00 FEET TO A POINT ON THE NORTHERLY LINE OF THAT PARCEL
DESCRIBED IN THE DEED RECORDED AT RECEPTION NO. 2346661 IN THE OFFICE OF
THE WELD COUNTY CLERK AND RECORDER;
THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL THE FOLLOWING SEVEN
(7) COURSES:
1. S 18°51'49"W, 157.80 FEET;
2. 565°58'22"W, 77.05 FEET;
3. N89°44'14"W, 1,157.23 FEET;
4. N89°48'21"W, 890.75 FEET;
5. N74°12'22"W, 112.97 FEET;
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- I11118IIIIIIIIII1111111IIIIIII Mull III 111111111IIII 3340222 11/15/2005 03:43P Weld County, CO
4 of 4 R 21.00 D 0.00 Steve Moreno Clerk& Recorder
6. S75°08'30"W, 90.32 FEET;
7. 588°11'36"W, 326.44 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF
STATE HIGHWAY 257;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE, THE FOLLOWING EIGHT (8)
COURSES:
1. N13°20'56"W, 145.27 FEET;
2. 587°07'44"W, 32.66 FEET;
3. N13°35'36"W, 1,187.51 FEET;
4. 395.88 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
1,697.50 FEET, A CENTRAL ANGLE OF 13°21'44", AND A CHORD WHICH BEARS
N06°54'44"W, 394.99 FEET;
5. N00°13'53"W, 2,428.29 FEET;
6. N00°13'54"W, 2,633.31 FEET;
7. N00°13'30"W, 2,559.07 FEET;
8. N51°58'19"E, 13.99 FEET TO THE POINT OF BEGINNING.
3467123_1.DOC
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When recorded return to: IIIIIIIIIIIIII IIIIIII IIIIIIIIIIVIIIIIIIIIIIIIIIIIII
Frank L.Robinson,Esq. III 221 1111012005 03:43P Weld County, CO
q Otten Johnson Robinson Nef£&Ragonetti P.C.
ry� 950—17th Street,Suite 1600 1 011101112211811R111141111111
fl 41.00 D 200.80 Steve Moreno Clerk E fleco er
Denver,CO 80202
SPECIAL WARRANTY DEED
(West Property)
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$10.00 and other good and valuable consideration,
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.
Dated: As of NovemberJ2005.
EASTMAN KODAK COMPANY,
a New Jersey corporation
By':� �1X� ( �N �
Its: yt ce f i' re cwet—
111111111101111111111111111111111111111111111111111111
3340221 11/1512005 03:43P Weld County, CO
2 of 8 R 41.00 D 200.80 Steve Moreno Clerk& Recorder
STATE OF NEW YORK )
)ss.
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this 28+4 day of October,2005,by
Mani L e. velel. n.tf. as \Jfe.-$estA..«.F of EASTMAN KODAK COMPANY,a New
Jersecorporation.
Witness my hand and official seal. o')4
Notary Public
My commission expires: •
MARK R WRIGHT
Notary Public. 'hate of New York
Monroe County
Commission Expires September 11. r
2
AIM 1111111111111111111111111 III NMI /III
3340221 11/15/2005 03:43P Weld County, CO
3 of 8 R 41.00 D 200.80 Steve Moreno Clerk&Recorder
EXHIBIT A
Legal Description
West Property
A TRACT OF LAND SITUATE IN SECTIONS 27 AND 34, TOWNSHIP 6 NORTH, RANGE 67
WEST, OF THE 6Th P.M.; COUNTY OF WELD, STATE OF COLORADO; BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
PARCEL I:
THE NW 1/4; THE SW 1/4; THEW 1/2 OF THE NE 1/4; THEW 1/2 OF THE SE 1/4; AND THE NE
1/4 OF THE NE 1/4 OF SECTION 27,TOWNSHIP 6 NORTH, RANGE 67 WEST, OF THE 6TH P.M.;
COUNTY OF WELD, STATE OF COLORADO;
EXCEPT PARCELS CONVEYED TO WELD COUNTY BY DEEDS RECORDED JUNE 24, 1936 IN
BOOK 995 AT PAGES 165, 166 AND 167;
AND EXCEPT PARCEL CONVEYED TO THE DEPARTMENT OF HIGHWAYS BY DEED
RECORDED JANUARY 6, 1964 IN BOOK 502 AT RECEPTION NO. 1425440; AND EXCEPT
PARCEL CONVEYED TO THE TOWN OF WINDSOR BY DEEDS RECORDED JUNE 2, 1995 AT
RECEPTION NO. 2440899 AND 2440900.
PARCEL II:
THE N 1/2 OF THE NW 1/4;THE SW 1/4 OF THE NW 1/4; THE NW 1/4 OF THE NE 1/4;AND THE
SW 1/4 OF SECTION 34, TOWNSHIP 6 NORTH, RANGE 67 WEST, OF THE 6TH P.M.; COUNTY
OF WELD,STATE OF COLORADO;
EXCEPT PARCELS CONVEYED TO WELD COUNTY BY DEEDS RECORDED JUNE 24, 1936 IN
BOOK 995 AT PAGES 162, 163, 165 AND 167;
AND EXCEPT PARCEL CONVEYED TO THE DEPARTMENT OF HIGHWAYS, STATE OF
COLORADO BY DEED RECORDED JANUARY 14, 1963 IN BOOK 1635 AT PAGE 375;
AND EXCEPT PARCEL CONVEYED BY DEED RECORDED NOVEMBER 20, 1968 IN BOOK 602
AT RECEPTION NO. 1524120;
AND EXCEPT PARCEL CONVEYED BY DEED RECORDED MAY 14, 1970 IN BOOK 625 AT
RECEPTION NO. 1547170;
AND EXCEPT THAT PARCEL CONVEYED BY DEED RECORDED AUGUST 18, 1993 IN BOOK
1398 AT RECEPTION NO.2346661;
AND EXCEPT THAT PORTION OF THE SW 1/4 LYING EAST OF THE EAST BANK OF THE
POUDRE RIVER BRANCH THAT RUNS GENERALLY IN AN SOUTHEASTERLY-
NORTHWESTERLY DIRECTION.
THE ABOVE-DESCRIBED PARCELS ALSO BEING DESCRIBED AS FOLLOWS: COMMENCING
AT THE NORTHWEST CORNER OF SAID SECTION 27,AND CONSIDERING THE NORTH LINE
OF THE NORTHWEST QUARTER OF SAID SECTION TO BEAR N89°24'06"E,WITH ALL OTHER
BEARINGS CONTAINED HEREIN RELATIVE THERETO, BOTH ENDS OF SAID LINE BEING
MARKED BY A 3-1/4" ALUMINUM CAP STAMPED PLS 20685; (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 N38°30'46"E, 82.39 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF
EASTMAN PARK DRIVE AS DESCRIBED IN THE DEEDS TO THE TOWN OF WINDSOR
A-I
111111111111111111111111IIIII III � 11111 III 1111111111111
3340221 11/15/2005 03:43P Weld County, CO
4 of 8 R 41.00 D 200.80 Steve Moreno Clerk 8 Recorder
RECORDED AT RECEPTION NOS. 2440899 AND 2440900, SAID POINT ALSO BEING THE
POINT OF BEGINNING;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, N89°24'06"E,2,557.30 FEET;
THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, N89°24'43"E,
2,606.54 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 27;
THENCE SOO°31'48"E, 1,256.24 FEET TO THE NORTH SIXTEENTH CORNER COMMON TO
SECTIONS 26 AND 27;
THENCE 589°27'56"W, 1,305.13 FEET TO THE NORTHEAST SIXTEENTH CORNER OF SAID
SECTION 27;
THENCE S00°27'03"E, 1,320.03 FEET TO THE EAST SIXTEENTH CORNER OF SAID SECTION
27;
THENCE S00°27'03"E, 2,640.33 FEET TO THE EAST SIXTEENTH CORNER COMMON TO
SECTIONS 27 AND 34;
THENCE S05°33'47"E, 1,328.57 FEET TO THE NORTHEAST SIXTEENTH CORNER OF SAID
SECTION 34;
THENCE S89°42'22"W, 1,191.15 FEET TO THE NORTH SIXTEENTH CORNER OF SAID SECTION
34;
THENCE S89°43'52"W, 1,431.99 FEET TO THE NORTHWEST SIXTEENTH CORNER OF SAID
SECTION 34;
THENCE 505°29'44"E, 1,323.82 FEET TO THE WEST SIXTEENTH CORNER OF SAID SECTION
34;
THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 34,
N89°49111"E, 112.45 FEET TO A POINT ON THE NORTH TOP BANK OF THE CACHE LA
POUDRE RIVER;
THENCE ALONG SAID NORTH TOP BANK THE FOLLOWING NINE(9)COURSES:
1. S47°39'54"E,96.16 FEET;
2. $63°19'51"E, 145.64 FEET;
3. 563°20'24"E, 165.53 FEET;
4. 561°36'06"E, 178.58 FEET;
5. 555°49'36"E, 343.62 FEET;
6. S39°11'21"E, 666.47 FEET;
7. S47°14'02"E,241.40 FEET;
8. S42°09'12"E, 112.35 FEET;
9. S24°37'22"E, 22.47 FEET TO A POINT ON THE NORTHERLY LINE OF THAT PARCEL
DESCRIBED IN THE DEED RECORDED AT RECEPTION NO. 1547170 IN THE OFFICE OF THE
WELD COUNTY CLERK AND RECORDER;
THENCE ALONG THE NORTHERLY AND WESTERLY LINES OF SAID PARCEL THE
FOLLOWING TWO(2)COURSES:
1. S89°59'27"W, 15.96 FEET;
2. S00°00'33"E, 46.00 FEET TO A POINT ON THE NORTHERLY LINE OF THAT PARCEL
DESCRIBED IN THE DEED RECORDED AT RECEPTION NO. 2346661 IN THE OFFICE OF THE
WELD COUNTY CLERK AND RECORDER;
THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL THE FOLLOWING SEVEN (7)
COURSES:
1. S18°51'49"W, 157.80 FEET;
2. S65°58'22"W,77.05 FEET;
3.N89°44'14"W, 1,157.23 FEET;
4.N89°48'21"W, 890.75 FEET;
5.N74°12'22"W, 112.97 FEET;
6.S75°08'30"W,90.32 FEET;
A-2
AIM 11111�����111111111111IIIII11111III11111 [HIII'
3340221 11/15/2005 03:43P Weld County, CO
5 ci 8 R 41.00 0 200.80 Steve Moreno Clerk& Recorder
7. S88°11'36"W,326.44 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF STATE
HIGHWAY 257;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE, THE FOLLOWING EIGHT (8)
COURSES:
1.N13°20'56"W, 145.27 FEET;
2. 587°07'44"W, 32.66 FEET;
3.N13°35'36"W, 1,187.51 FEET;
4. 395.88 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1,697.50
FEET, A CENTRAL ANGLE OF 13°21'44", AND A CHORD WHICH BEARS N06°54'44"W, 394.99
FEET;
5.N00°13'53"W, 2,428.29 FEET;
6.N00°13'54"W,2,633.31 FEET;
7. N00°13'30"W,2,559.07 FEET;
8. N51°58'19"E, 13.99 FEET TO THE POINT OF BEGINNING.
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3340221 11/15/2005 03:43P Weld County, CD
6 of 8 R 41.00 D 200.80 Steve Moreno Clerk& Recorder
EXHIBIT B
Permitted Exceptions
1. TAXES AND ASSESSMENTS FOR THE YEAR 2005 AND SUBSEQUENT YEARS.
PARCEL I:
2. RIGHT OF WAY EASEMENT AS GRANTED TO DENVER PACIFIC RAILWAY AND
TELEGRAPH CO IN INSTRUMENT RECORDED APRIL 29, 1870, IN BOOK 1 AT PAGE 540.
3. LIQUOR RESTRICTIONS OF RECORD,WHICH CONTAIN A FORFEITURE OR REVERTER
CLAUSE, WHICH PROVIDE THAT INTOXICATING LIQUORS SHALL NEVER BE
MANUFACTURED, SOLD, OR OTHERWISE DISPOSED OF AS A BEVERAGE IN ANY
PLACE OF PUBLIC RESORT IN OR UPON THE PREMISES OR ANY PART THEREOF,AS
CONTAINED IN INSTRUMENT RECORDED MARCH 13, 1871 IN BOOK 2 AT PAGE 207.
4. LIQUOR RESTRICTIONS OF RECORD,WHICH CONTAIN A FORFEITURE OR REVERTER
CLAUSE, WHICH PROVIDE THAT INTOXICATING LIQUORS SHALL NEVER BE
MANUFACTURED, SOLD,OR OTHERWISE DISPOSED OF AS A BEVERAGE IN ANY
PLACE OF PUBLIC RESORT IN OR UPON THE PREMISES OR ANY PART THEREOF,AS
CONTAINED IN INSTRUMENT RECORDED IN BOOK 4 Al'PAGE 304,393,496, 510 AND
534 .
5. 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 NOVEMBER 28, 1874,
IN BOOK 12 AT PAGE 90.
6. LIQUOR RESTRICTIONS OF RECORD, WHICH CONTAIN A FORFEITURE OR REVERTER
CLAUSE,WHICH PROVIDE THAT INTOXICATING LIQUORS SHALL NEVER BE
MANUFACTURED,SOLD,OR OTHERWISE DISPOSED OF AS A BEVERAGE IN ANY
PLACE OF PUBLIC RESORT IN OR UPON THE PREMISES OR ANY PART THEREOF,AS
CONTAINED IN INSTRUMENT RECORDED JUNE 03, 1882 IN BOOK 36 AT PAGE 9.
7. 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 NOVEMBER 16, 1888,
IN BOOK 51 AT PAGE 83.
8. TERMS,CONDITIONS AND PROVISIONS OF OUTSIDE OF CITY WATER AGREEMENT
RECORDED AUGUST 12, 1953 IN BOOK 1364 AT PAGE 349.
9. TERMS,CONDITIONS AND PROVISIONS OF DEVELOPMENT PLAN RECORDED MAY 12,
1972 AT RECEPTION NO. 1589466.
10. RIGHT OF WAY EASEMENT AS GRANTED TO TOWN OF WINDSOR IN INSTRUMENT
RECORDED MARCH 02,2001,UNDER RECEPTION NO. 2829571.
11. RIGHT OF WAY EASEMENT AS GRANTED TO TOWN OF WINDSOR IN INSTRUMENT
RECORDED MAY 09,2001,UNDER RECEPTION NO. 2847392.
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11011111111111111111111111111111111111111111111111101
3340221 11/15/2005 03:43P Weld County, CO
7 of 8 R 41.00 0 200.80 Steve Moreno Clerk& Recorder
12. RIGHT OF WAY EASEMENT AS GRANTED TO TOWN OF WINDSOR IN INSTRUMENT
RECORDED MAY 09,2001, UNDER RECEPTION NO.2847393.
13. RIGHT OF WAY EASEMENT AS GRANTED TO TOWN OF WINDSOR IN INSTRUMENT
RECORDED MARCH 18,2002,UNDER RECEPTION NO.2934453.
14. RIGHT OF WAY EASEMENT AS GRANTED TO CITY OF GREELEY IN INSTRUMENT
RECORDED AUGUST 12,2003,UNDER RECEPTION NO. 3094212.
PARCEL II:
15. RIGHT OF WAY EASEMENT AS GRANTED FOR DRAIN TILE IN INSTRUMENT
RECORDED NOVEMBER 20, 1916, IN BOOK 459 AT PAGE 154.
16. UNDIVIDED 1/2 INTEREST IN AND TO ALL OIL, GAS AND OTHER MINERALS AS
RESERVED IN DEED RECORDED DECEMBER 04, 1961, IN BOOK 1601 AT PAGE 206,AND
ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
17. RIGHT OF WAY EASEMENT AS GRANTED FOR DITCH IN INSTRUMENT RECORDED
JANUARY 14, 1963,IN BOOK 1635 AT PAGE 374.
18. UNDIVIDED 1/2 INTEREST IN AND TO ALL OIL,GAS AND OTHER MINERALS AS
RESERVED IN DEED RECORDED OCTOBER 09, 1963,UNDER RECEPTION NO. 1418692 IN
BOOK 492,AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
19. UNDIVIDED 1/2 INTEREST IN AND TO ALL OIL,GAS AND OTHER MINERALS AS
RESERVED IN DEED RECORDED JUNE 09, 1967,UNDER RECEPTION NO. 1504478 IN
BOOK 582,AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
20. UNDIVIDED 1/4 INTEREST IN AND TO ALL OIL,GAS AND OTHER MINERALS AS
RESERVED IN DEED RECORDED FEBRUARY 02, 1968,UNDER RECEPTION NO. 1512699
IN BOOK 591,AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
21. TERMS,CONDITIONS AND PROVISIONS OF DEVELOPMENT PLAN RECORDED MAY 12,
1972 AT RECEPTION NO. 1589466.
22. RIGHT OF WAY EASEMENT AS GRANTED TO CITY OF GREELEY IN INSTRUMENT
RECORDED JANUARY 14, 1975,UNDER RECEPTION NO. 1651931 IN BOOK 730.
23. TERMS,CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED
AUGUST 18, 1993 AT RECEPTION NO.2346662 IN BOOK 1398 AND ASSIGNMENT AND
ASUMPPT� N AGREEMENT RECORDED NOVEMBER 15,2005 AT RECEPTION NO.
24. TERMS,CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED FEBRUARY 11,
1999 AT RECEPTION NO.2672770 AND AMENDMENT RECORDED NOVEMBER 19, 1999
AT RECEPTION NO.2733550.
25. OIL AND GAS LEASE RECORDED OCTOBER 30, 2000 UNDER RECEPTION NO. 2803467
AND DECLARATION RECORDED MAY 6,2004 AT RECEPTION NO. 3178056 AND ANY
AND ALL ASSIGNMENTS THEREOF,OR INTEREST THEREIN.
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26. RIGHT OF WAY EASEMENT AS GRANTED TO WINDSOR IN INSTRUMENT RECORDED
MAY 09,2001,UNDER RECEPTION NO. 2847393.
27. RIGHT OF WAY EASEMENT AS GRANTED TO TOWN OF WINDSOR IN INSTRUMENT
RECORDED MARCH 18,2002,UNDER RECEPTION NO. 2934453.
28. RIGHT OF WAY EASEMENT AS GRANTED TO CITY OF GREELEY IN INSTRUMENT
RECORDED AUGUST 12, 2003,UNDER RECEPTION NO. 3094212.
29. RIGHT OF WAY EASEMENT AS GRANTED TO TOWN OF WINDSOR IN INSTRUMENT
RECORDED MAY 05,2004,UNDER RECEPTION NO.3177518.
30. RIGHT OF WAY EASEMENT AS GRANTED TO TOWN OF WINDSOR IN INSTRUMENT
RECORDED MARCH 14, 1972, UNDER RECEPTION NO. 1585520 IN BOOK 664.
31. MATTERS AS SET FORTH ON SURVEY BY TST,INC.,BEING:
WATER LINES IN NORTHEAST CORNER OF SECTION 27 (NENE)
RIGHT OF WAY FOR WHITNEY DITCH
RIGHT OF WAY FOR LAW DITCH
RIGHT OF WAY FOR POWER LINE
WILDLIFE VIEWING TRAIL AND PARKING LOT
32. RIGHT OF WAY EASEMENT AS GRANTED TO KERR-MCGEE GATHERING LLC IN
INSTRUMENT RECORDED MAY 10,2005,UNDER RECEPTION NO. 3284958.
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MINERAL DEED
eel
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.
-rte
EXECUTED as of the f4 day of November, 2005 but effective as of the Effective
Date.
EASTMAN KODAK COMPANY,
a New Jersey corporation
(1,1e,r)By:
Its: &#JOV Vim- t�rzriwl—
1 HIV 11111 011 101111 11 01111 1111111 11111
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STATE OF NEW YORK
) ss.
COUNTY OF 1t4&toe-
The foregoing instrument was acknowledged before me this MIL day of November,
2005,by 1,4,{ T &eat, , as gei;e4/u. St of EASTMAN KODAK
COMPANY, a New Jersey corporation.
Witness my hand and official seal.
Mefrifidrir
Notary Public
MARK R.WRIGHT
My commission expires: Notary p„bl.c. S`atn of New York •
Monroe County
loan
Commrss�on Ex pires September 11.
2
�1111111111111111111111111 U11111111111III MUM
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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;
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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) 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°47'581/1/, 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) 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;
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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, 686.47 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
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