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HomeMy WebLinkAbout20061123.tiff la; LandAmerica Transnation Bill Crews P.O. Box 336337 Greeley, CO 80633 Case No. TNGR0001233 "WE'RE HERE TO MAKE IT EASY!" Transnation Title Insurance Company 5801 W 11th Street Suite 201 Greeley, CO 80634 2006-1123 • CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD Transnation Title Insurance Company hereby certifies that it has made a careful search of its records and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION SEE ATTACHED EXHIBIT "A" CONVEYANCES (If none appear, so state): Reception No. 1529333 Book 607 Reception No. 1529338 Book 607 Reception No. 3349268 Book This certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be construed as an Abstract of Title, Opinion of Title or a Guarantee of Title and the liability of Transnation Title Insurance Company is hereby limited to the fees paid for this Certificate. In Witness Whereof, Transnation Title Insurance Company, has caused this Certificate to be signed by its proper officer this December day of 21st, 2005, at 7:00 am. Order No. TNGR0001233 Transnati Title Insurance Company Authorized Signature • File No. TNGR0001233 EXHIBIT A The West 1/2 of Section 26, Township 6 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. Excepting therefrom a tract a land conveyed in Deeds to the Town of Windsor recorded June 2, 1995 in Book 1494 at Reception Nos. 2440899 and 2440900. Also excepting therefrom a tract a land conveyed in Special Warranty Deed to the Broe Land Acquisitions II, LLC, a Colorado limited liability company recorded February 23, 2005 at Reception No. 3263059. Also excepting therefrom a tract a land conveyed in Special Warranty Deed to the Broe Land Acquisitions II, LLC, a Colorado limited liability company recorded June 15, 2005 at Reception No. 3295099. • r 3 MAR 281969 WOK 607 Recorded eL._.a o'clock i • 1co'clock.1 p M...__...__. lJ,l _ Rec.No. —15.2935Q Ann Spores,.Recorder WARRANTY DEED The Great Western Sugar Company, a Delaware corpora- • tion, whose principal office address is 1530 - 16th Street, tn p in • Denver, Colorado, Grantor, for the consideration of Ten Dollars„ a N m ($10.00) and other good and valuable considerations in hand : n W rF .41 paid, hereby sells and conveys to Eastman Kodak Company, a ^' co o New Jersey corporation, Grantee, the foil wing real prorerto in aim O �I" the County of Weld, State of Colorado, to-wit: v. Parcel A Df, All of Sec. 28; the EkSEk and the EkNEk of Sec. 29; IS9,90 the NEkNEk of Sec. 32; the NWk, the NkNE4, the SWkNEk, W1/2SEk and the SE4SEk of Sec. 33, all in T. 6 N., R. 67 W. of the 6th P.M. Except that part of the Ek of said Sec. 28 and r; that part of the NEkNEk of said Sec. 33 and that cc; part of the SE4SEk of said Sec. 33, all as described FA in deed to The Northern Construction Company recorded .--I in Book 271 at page 319; and Except that part of the SE4SEk of said Sec. 33 o-I described in Deed to Weld County recorded in Book 996 at page 620; and Except that part of the NEkNWk of said Sec. 28 • described in Deed to Town of Windsor recorded in Book 1000 at page 83; and • Except that part of the SEkSEk 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 Except that part of the NEk of said Sec. 29 described o as Parcel No. 2 in Deed to County of Weld recorded under Reception No. 1486952 in Book 565. Parcel B N T The Wk of Sec. 26; the EkSEk the g-INEk and the EkWkNEk of Sec. 27; the EkSEk and the NEkNEk of Sec. 34; and the NkNWk of Sec. 35, all in T. 6 N. , R. 67 W. of the 6th P.M. ROOK 607 1529333 • Parcel C A parcel of land in the NE4 of Sec. 21, T. 6 N., R. 67 W. of the 6th P.M. more particularly described as follows: Beginning at an Iron Pin which marks the Southeast corner of the Second Filing, Town of Windsor, according to the plat thereof recorded in Book 3 of Maps at page 15 of the records of the County of Weld, said corner also being located at the intersection of the east line of East Street with the south line of Locust Street of said Town; thence northerly along the east line of East Street 866.61 _ feet to a point marked bv..=_r iron Pi.r nhlch is 10.0 fret southwesterly of, when measured at right angles to y the centerline of a railroad spur track; thence along said track southeasterly by the following bearings and dis- tances, (said bearings being based on the bearing of the original northerly property line of S. 70° 56' E.); S. 48° 384' E. 267.50 feet to an Iron Pin; thence S. 44° 404' 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° 19k' E. 99.83 feet to an Iron Pin; thence S. 63° 49' E. 99.94 feet to an Iron Pin; thence S. 70° 05'4' 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° 084' E. 51.44 feet to an Iron Pin; thence S. 89° 514' 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° 044' 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° 25'4' W. 127.60 feet to a point marked by an Iron Pin; thence with said fence S. 59° 314' W. 305.6 feet to an Iron Pin; thence S. 66° 014' W. 345.92 feet to a point on the west side of the Lake Supply Ditch; thence 5. 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 - '°°` 60'7 1529"33 1-3 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, 66 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 c^epa_ge Flub erd The 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 - goo. 609 1529233 . 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 sai'd/Parcels A, B and C. Signed this �7 � y of March, 1969. • S,I'l, THE GREAT WESTERN SUGAR COMPANY AEte'atit By an Se President • (SEAL) STATE OF COLORADO ) SS. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this ��{� 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. •'•'� q j'•.,, My Commission expires :My Commission expires May 3,1969 ,.........:tip A G ',ht) terry Public vii_ • eaz tom 607 Recorded— MAR 7 R'Iflfici Le c) o7Sier�FM. in Reception No. _ 1529338 .u., CnO.m. Recorder. QUIT CLAIM DEED /—/ ' e, O ,n I r al �p m' l alIJif Berk Made this a' igr day of March �o j '( >o . ter , in the year of our Lord one thousand nine hundred sixty-nine , ri, rog I WEBER--o. ?0 000 between --JOHN E. WEBER and ELEANOR PAULINE I g ' n of the County of Weld ,and the State of Colorado,of the ( '? en tw first part,and--EASTMAN KODAK COMPANY, a corporation organized and existing , ' under and by virtue of the laws of the State of New Jersey-- N, 4-0-1---mia,of the a, tit second part; WITNESSETH, That the said part Lena the first part,and for and in consideration of e- the sum of a TEN and no/100 -Dollars, o to the said part ies of the first part in hand pa₹d by the said party of the second part, the re- o ceipt whereof is hereby confessed and acknowledged, has have remised, released,sold,conveyed and QUIT CLAIMED.and by these presents do wmi e._,ye,Jettae.sell. tonvet and OUIT CLAIM . unto the said part y of the sewed part, 1t/lima a`o assigns forever,all the right,title/iiifeiest, ela claim and demand which the said parties of the first part tut ve in and to the following described N real estate situate,lying and being in the County of WELD and State of Colorado,to-wit; The West one-half of Section Twenty-six ( 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), q The East one-half of the West one-half of the Northeast Quarter $� • of Section Twenty-seven (E 1/2 W 1/2 NE 1/4 of Section 27), `•••%. The Northeast Quarter of the Northeast Quarter of Section Thirty-four, • the South one-half of the North one-half of Section Thirty-four, the on 0 South one-half of Section Thirty-four (NE 1/4 NE 1/4 of Section 34, ill '" S 1/2 N 1/2 of Sec. 34, S 1/2 of Sec. 34), a't The North one-half of the Northwest Quarter of Section Thirty-five (N 1/2 NW 1/4 of Sec. 35), rn all in Township 6 North, Range 67 West of the 6th P.M. I I To Have and To Hold the same, together with all and singular the appurtenances and priv- • ileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, in- terest and claim whatsoever,of the said part ies of the first part,either in law or equity,to the only proper use,benefit and behoof of the said part' of the second part, it§ iiiiitasd'd'h$signs forever. a IN WITNESS WHEREOF,The said parties of the first part ha vehereunto see1fiand s and seals the day and year first above written. 91 ° Signed in the Presence of (Seal) m (. n E. Weber) / � P pr eanor:PauCtl�i,, ((..el.'.^^M``-(Seal) o ( senor Pauiin"e�'C�eYber7 0 (Seal) o '1,(1$•1 5 'O R.ct ADO,laz ' The foregoing instrument was acknowledged before me �.�.� : > •! this alit- - day of March ,A.D. 19 69, E. '•. V'O2 Pun: :'or =r�.. ...rig-i by JOHN E. WEBER and ELEANOR PAULINE WEBER. Or t Witness my Hand and Official`��Seal. My Commission Expires J^•r^/v7 (v,/ /,77,.7 � � 2.;:®ref Notary • 1NM11111IIIII Mann IIIII11111MEIN When recorded return to: 3,30499268 R122//21 0 :06P el Moreno Co Recorder Zj Elizabeth A. Sharrer, Esq. Holland & Hart LLP 555 - 17th Street, Suite 3200 Denver, CO 80202 BARGAIN AND SALE DEED (Eastman Kodak Company Property) KNOW ALL MEN BY THESE PRESENTS, that EASTMAN KODAK COMPANY, a New Jersey corporation ("Grantor"), for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby sell and convey to EASTMAN KODAK COMPANY, a New Jersey corporation ("Grantee"), whose address is 9952 Eastman Park Drive, Windsor, CO 80551, Attn: Craig Stith: the real property in the County of Weld, State of Colorado, more particularly described in the legal description attached as Exhibit "A" hereto and by this reference incorporated herein with all appurtenances, subject to real property taxes in the year of sale and easements, covenants, conditions and restrictions of record. The purpose of this Deed is to create of record the attached legal description of the real property owned by Eastman Kodak Company in Weld County. Colorado as of the date hereof. The name and address of the person who created the attached Legal Description is: John Steven Von Nieda, Colorado Professional Land Surveyor No. 31169 TST, Inc., 748 Whalers Way, Bldg. D, D, Fort Collins, CO 80525 Signed and delivered as of the r ff day of December, 2005. EASTMAN KODAK COMPANY, a New Jeerseyyccorporation io Its: (cc ?raarac..Q'STATE OF NEW YORK ) ) ss. COUNTY OF MONROE ) Th foregoing instrument was ackno�y' /�fC ledged before me this day of December, 2005,by at .j, ,[6 . ikat,.l.ee.." , as Wee. Pninissa-- of EASTMAN KODAK COMPANY, a New Jersey corporation. Witness my hand and official seal. Notary Public� � � My commission expires: MARK R WRIGHT Notary Public. Stale of New York Monroe County � r Commission Expires September 11. 7►^�7 IiINI 111111111 Man III 11111 II111111 3349266 12/21/2006 03:06P Weld County, CO 2 of 4 R 21.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT "A" Legal Description A TRACT OF LAND SITUATE IN SECTIONS 26, 27, 34, AND 35, TOWNSHIP 6 NORTH, RANGE 67 WEST, OF THE 6TH P.M.; COUNTY OF WELD, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 26, BEING MARKED BY A 3-1/4" ALUMINUM CAP STAMPED PLS 22098, AND CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 26 TO BEAR S89°44'23"E, (EAST END OF SAID LINE BEING MARKED BY A 3-1/4" ALUMINUM CAP STAMPED PLS 20685) WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO. (SAID BEARING IS A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983(1992), DETERMINED BY GEODETIC (GPS) OBSERVATIONS); THENCE ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF SECTION 26, S00°31'48"E, 65.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF EASTMAN PARK DRIVE, SAID PONT ALSO BEING THE POINT OF BEGINNING; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, N89°44'23"E, 2,474.39 FEET TO A POINT ON THE EAST BACK OF CURB LINE OF THE EASTMAN KODAK PLANT ACCESS ROAD KNOWN AS LITHO PLATE DRIVE; THENCE ALONG SAID BACK OF CURB LINE THE FOLLOWING EIGHT (8) COURSES: 1) 27.50 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 69.50 FEET, A CENTRAL ANGLE OF 22°40'21", AND A CHORD WHICH BEARS S11°19'58"W, 27.32 FEET; 2) S00°00'13"E, 3,460.53 FEET; 3) 87.84 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 139.50 FEET, A CENTRAL ANGLE OF 36°04'44", AND A CHORD WHICH BEARS S18°02'35"E, 86.40 FEET; 4) S36°04'57"E, 82.47 FEET; 5) 72.95 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 116.50 FEET, A CENTRAL ANGLE OF 35°52'47", AND A CHORD WHICH BEARS S18°08'34"E, 71.77 FEET; 6) S00°12'11"E, 82.36 FEET; 7) 57.14 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 130.50 FEET, A CENTRAL ANGLE OF 25°05'21", AND A CHORD WHICH BEARS S12°20'29"W, 56.69 FEET; 8) S24°53'10"W, 220.09 FEET; THENCE S00°04'37"E, 3,158.77 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35,; THENCE ALONG SAID NORTH LINE, S89°34'09"W, 683.51 FEET TO A POINT ON THE CENTERLINE OF THE CACHE LA POUDRE RIVER; THENCE ALONG THE CENTERLINE OF SAID RIVER THE FOLLOWING TWENTY- THREE (23) COURSES: r A-I 1111111 11111 IUII 11111111111111111 IIIII III 11111 IM IIII 3349268 12/21/2005 03:06P Weld County, CO 3 of 4 R 21.00 D 0.00 Steve Moreno Clerk&Recorder 1) N45°45'54"W, 51.75 FEET; 2) N65°08'41"W, 141.98 FEET; 3) N79°35'57"W, 120.70 FEET; 4) S85°02'00"W, 57.59 FEET; 5) S61°24'16"W, 48.97 FEET; 6) S34°05'29"W, 124.67 FEET; 7) S54°26'20"W, 199.22 FEET; 8) S40°32'53"W, 159.44 FEET; 9) S04°13'02"W, 266.14 FEET; 10)S16°46'04"E, 85.59 FEET; 11)S46°20'03"E, 192.85 FEET; 12)S75°23'10"E, 51.85 FEET; 13)S49°11'34"E, 55.89 FEET; 14)S00°14'38"W, 113.71 FEET; 15)S16°13'28"W, 94.18 FEET; 16)S24°37'29"E, 150.24 FEET; 17)S14°47'58"W, 131.45 FEET; 18)S35°04'53"W, 218.40 FEET; 19)S59°00'59"W, 61.48 FEET; 20)S39°25'11"W, 141.35 FEET; 21)S50°40'46"W, 249.50 FEET; 22)S70°20'38"W, 81.99 FEET; 23)S84°13'03"W. 73.28 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 35; THENCE ALONG SAID WEST LINE, S29°52'23"E, 41.57 FEET TO A POINT ON THE SOUTHERLY TOP OF BANK OF THE CACHE LA POUDRE RIVER; THENCE ALONG SAID SOUTHERLY TOP OF BANK THE FOLLOWING SEVEN (7) COURSES: 1) N85°41'56"W, 418.10 FEET; 2) S80°24'35"W, 127.23 FEET; 3) 558°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; THENCE ALONG SAID NORTHERLY TOP BANK THE FOLLOWING NINE (9) COURSES: A-2 , ANN 3349268 12/21/2005 03:06P Weld County, CO 4 of 4 R 21.00 0 0.00 Steve Moreno Clerk& Recorder 1) N24°37'22"W, 22.47 FEET; 2) N42°09'12"W, 112.35 FEET; 3) N47°14'02"W, 241.40 FEET; 4) N39°11'21"W, 666.47 FEET; 5) N55°49'36"W, 343.62 FEET; 6) N61°36'06"W, 178.58 FEET; 7) N63°20'24"W, 165.53 FEET; 8) N63°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. 3489156_I.DOC A-3 Hello