HomeMy WebLinkAbout20061119.tiff SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW (USR) APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT#/AMOUNT# 1$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number 0807 -26 - 4 - 00 - 006
(12 digit number-found on Tax I.D. information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us).
Legal Description: NW%, Section 26, Township 6 North, Range 67West
Flood Plain: Zone District: I-1 , Total Acreage: 160.00 , Overlay District:
Geological Hazard: , Airport Overlay District:
FEE OWNER(S) OF THE PROPERTY:
Name: Eastman Kodak Company
APPLICANT: Great Western Oil &Gas Company, LLC.
Work Phone# (303) 398-0517 Email Address: eswanson@broe.com
Address: 252 Clayton Street
City/State/Zip Code Denver, CO 80206
APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany applications signed by Authorized Agent)
Name: William G. Crews, CPL
Work Phone* 970-351-0733
FAX# 303-484-2110
Address: P.O. Box 336337
City/State/Zip Code Greeley, CO 80633
Email Address: wacrews(cDmindsprinq.com
PROPOSED USE:
Oil and gas well drilling, completion, operation, compression, and all other uses consistent with drilling and
production of oil and gas.
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted
with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee
owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee
owners must be included with the application. If a corporation is the fee owner, notarized evidence must be
included indicating that the signatory has to legal authority to sign for the corporation. See Limited Power of
Attorney submitted with application for USR 1541 and see§9.1 of Surface Use Agreement between Eastman
Kodak Company and Great Western Oil and Gas, LLC submitted herewith
William G. Crews, Attorney-in-Fact
Date: January 4, 2006
EXHIBIT
2006-1119 1 (R
LIMITED POWER OF ATTORNEY
County: Weld County, Colorado
Principal: Great Western Oil and Gas Company, LLC
Agent/Attomey in Fact: William G. Crews
Effective Date: November 4, 2005
Great Western Oil and Gas Company, LLC, a Colorado limited liability company, 252
Clayton, Ste. 400, Denver, CO 80206, as Principal, does hereby make, constitute and appoint
William G. Crews, whose business address is 1610 29th Avenue Place, Ste. 100, Greeley, CO
80634, as its agent and attorney-in-fact to do, as fully as the company itself might do, all things
necessary and convenient to obtain one or more Use by Special Review permits from Weld
County, Colorado, for the drilling of oil and gas wells in Section 26, Township 6 North, Range
67 West, 6th P.M, Weld County, Colorado.
Principal gives and grants Agent full and complete power and authority to do and
perform all acts and things required or necessary to be done in connection with such permits,
including, but not limited to, execution of application forms and plats on behalf of Principal,
filing of applications, appearances and testimony before the Weld County Planning Commission
and the Board of Weld County Commissioners, and such agreements as may be necessary to
obtain such permits.
Principal ratifies and affirms all that the Agent may lawfully do or cause to be done on
behalf of Principal by virtue of this Limited Power of Attorney.This Limited Power of Attorney
may be revoked by the recording of a revocation in the real property records of said Weld
County with a copy of such revocation sent to Agent via Certified Mail.
This Limited Power of Attorney is signed by Principal this 4th day of November, 2005.
Great West Oil Gas Company, LLC
By:
Eric D. Swanson, Manager
STATE OF COLORADO )
) ss.
CITY AND COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this day of November, 2005,
by Eric D. Swanson as Manager of Great Western Oil and Gas Company, a Colorado limited
liability company, on behalf of said company.
Witness my hand and official seal.
My commission expires: ::":yY....CK6 �. 14
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tNOTA Notary:..... ..... J Not Public
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Cem(IYG501I exposs Sept.2,2009
SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW (USR) QUESTIONNAIRE
The following questions are to be answered and submitted as part of the USR application. If a question does not
pertain to your use, please respond with "not applicable", with an explanation as to why the question is not
applicable.
1. Explain, in detail, the proposed use of the property.
Drill, complete and operate oil and gas wells directionally drilled from one drilling pad in the NW%.
There will be one tank battery for all wells. The number of tanks will depend on production.
2. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 22
(Comprehensive Plan).
"Oil and gas development in the County is an integral part of the County economy, and has a
substantial direct and indirect impact on current and future land use. Oil and gas
development is cyclical but the economics of drilling has caused extensive drilling activities in
the County. (Weld County Code Ordinance 2002-6)."
"Oil and gas exploration and production should be conducted in a manner which minimizes
interference with existing surface use and mitigates the impact on future land uses. OG. Goal 2.
The extraction of oil and gas resources should conserve the land and minimize the impact on
surrounding land. "
Applicant is directionally drilling three or more wells from one pad and two wells from
another pad, thereby mitigating the impact on future land uses and minimizing the impact
on the surrounding property. The one battery for the seven wells also mitigates and
minimizes the impact.
3. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 23 (Zoning) and
the zone district in which it is located.
OIL AND GAS PRODUCTION FACILITIES are permitted in an I-1 zone as a use by special
review.
Applicant is hereby making application for a use by special review for the seven wells
which are located in an I-1 zone and any additional wells allowed by the Colorado Oil and
Gas Conservation Commission and drilled from the same pad.
4. What type of uses surround the site? Explain how the proposed use is consistent and compatible with
surrounding land uses.
The surrounding lands uses are agricultural and industrial (Kodak plant). The grouping of up to
seven wells at two pads is consistent with good land use, taking as little land out of production as
possible while ensuring that the oil and gas resources are developed. One battery site will
minimize land dedicated to oil and gas development.
5. Describe, in detail, the following:
a. How many people will use this site?
Six to ten workers, 24 hours per day, during drilling. Completion, for a short period of time(less
than 12 hours), may involve up to 20 workers. Thereafter, only an occasional visit from the
pumper is anticipated.
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b. How many employees are proposed to be employed at this site?
None
c. What are the hours of operation?
Production is anticipated at all times.
d. What type and how many structures will be erected (built) on this site?
Separation equipment(minimum of two separators), gas metering (minimum of two meters) and
crude oil storage tanks (likely three 300-bbl tanks)are anticipated. In the future, depending on line
pressures, a compressor may be necessary to ensure sufficient pressure to sell into existing lines.
e. What type and how many animals, if any, will be on this site?
None
f. What kind (type, size, weight)of vehicles will access this site and how often?
After drilling and completion, an occasional crude oil tank truck will visit the tank battery to pick up
crude oil, and the pumper is expected to visit the wells on a daily basis via pickup truck. During
drilling, the rig will be brought in by trucks-approximately 20 -and assembled on the site.
g. Who will provide fire protection to the site?
Windsor/Severance First Protection District
h. What is the water source on the property? (Both domestic and irrigation).
No water will be needed other than that brought in by water trucks. There is no ongoing need for
any water.
1. What is the sewage disposal system on the property? (Existing and proposed).
No system exists. Portable toilets are used during drilling and completion; thereafter no facilities.
j. If storage or warehousing is proposed, what type of items will be stored? N/A
6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted as a
landscape plan map as part of the application submittal.
No landscaping is proposed.
7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity
occurs.
Separators, meter houses and tanks will be removed. The wells will be plugged and abandoned in
full compliance with Colorado Oil and Gas Conservation Commission rules.
8. Explain how the storm water drainage will be handled on the site.
There is not anticipated to be any additional storm water drainage due to limited land disturbance.
9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to
begin.
Permits for the wells have been applied for. Battery construction will take place concurrently with
completion activities, which are subject to the availability of men and equipment. A date certain is
not possible due to an acute shortage of drilling rigs and available subcontractors.
10. Explain where storage and/or stockpile of wastes will occur on this site.
There will be no storage or stockpiling of wastes.
SURFACE USE AGREEMENT
THIS SURFACE USE AGREEMENT(the"Agreement")is made and entered into this
day of November, 2005, by and between EASTMAN KODAK COMPANY, a New
Jersey corporation. with an address of 343 State Street, Rochester, New York 14650-1265,
hereinafter referred to as"Surface Owner,"and GREAT WESTERN OIL AND GAS
COMPANY, LLC, a Colorado limited liability company, with an address of 252 Clayton Street,
Fourth Floor, Denver, Colorado 80206,hereinafter referred to as"GWC." GWC and Surface
Owner are sometimes jointly referred to herein as the"Parties,"and individually as a"Party."
RECITALS
A. Surface Owner is the owner of the surface estate in and to the real property
located in Weld County, Colorado,described in Exhibit A hereto(the"Property").
B. Portions of the oil and gas mineral estate in and under the Property are presently
owned by GWC, which acquired the same from Surface Owner by Mineral Deed of even date
herewith.
C. Surface Owner has developed portions of the surface of the Property for industrial
and other purposes. and may further develop that surface in the future.
D. GWC has certain rights to develop its oil and gas mineral estate, including the
drilling of wells.
E. In order to permit the coordinated development of the surface and mineral estates
in the Property to the mutual benefit of the Parties. and to set forth the accommodations to be
made by each Party with respect to those efforts,the Parties desire to enter into this Agreement.
NOW,THEREFORE, in consideration of the covenants set forth herein and the mutual
benefits to be derived,GWC and Surface Owner hereby agree as follows:
I. AREAS RESERVED FOR FUTURE OPERATIONS.
I.1. Future Oil and Gas Operations.
I.1.1. Under applicable law, including the rules, regulations and orders of the
Colorado Oil and Gas Conservation Commission(the"COGCC"), GWC has certain
rights to drill,complete,produce,deepen,rework, frac,and recomplete vertical or
directional wells to bottom hole locations on the Property, or to adjacent property in
which GWC holds an oil and gas mineral or leasehold interest,or which is pooled with
the Property(collectively referred to herein as"Future Wells"). Subject to the terms and
conditions hereof and applicable law,GWC shall be entitled use the areas described on
Exhibit A(the"Temporary Drilling Areas")for such drilling, completion, production,
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deepening, reworking, freeing and recompletion activities. GWC shall not use more than
two and one-half(2.5) acres of land within any Temporary Drilling Area for each Future
Well drilled therein.
1.1.2. Whenever a Future Well with a surface location within a Temporary
Drilling Area is drilled and completed as a well capable of commercial production. GWC
may designate, by written notice to Surface Owner,an area within such Temporary
Drilling Area teach, a"Permanent Operating Area") in which wellheads, separators, oil
tanks and other production equipment may be located. Each Permanent Operating Area
shall be of the minimum size reasonably necessary for production, taking into account the
rules,regulations and orders of the COGCC(the"COGCC Rules"),operational needs
and the number of Future Wells drilled therein. Acting in its reasonable discretion, GWC
may designate,by written notice to Surface Owner,one or more additional Permanent
Operating Areas within a Temporary Drilling Area,for the location of combined tank
batteries and/or other production facilities, provided however, that such additional
Permanent Operating Areas shall be limited to one per governmental quarter-section,plus
the single location identified on Exhibit A as an area for combined tank batteries.
Temporary Drilling Areas and Permanent Operating Areas may be jointly referred to
herein as the"Areas."
I.]. Oil and Gas Operations Areas. During the term of this Agreement, the Areas
shall remain available to GWC for the purposes of drilling all Future Wells and for the conduct
of any and all related operations by GWC in connection with the Future Wells, including,but not
limited to,drilling and production activities, workovers, deepemngs, completions and
recompletions. freeing, and other similar activities,together with the drilling, completion and
operating of replacement or substitute wells. In the conduct of oil and gas operations, and except
as expressly provided herein to the contrary, GWC shall comply with all federal, state and local
rules and regulations,environmental and otherwise, including the COGCC Rules,applicable to
oil and gas operations. Without limiting the generality of the foregoing,all drilling locations
within Areas shall be kept clean and materials cleaned up in a timely manner. No offsite fluids,
mud, soil or other substances may be deposited on the Property without Surface Owner's
consent, and no debris, slash,or other materials,except for gas flaring, shall be burned on the
Property. Well pads shall be fenced at all times;provided,that an un-gated opening shall be
permitted during periods of drilling,completion, reworking or similar active operations. The
slope of any well pad located in an Area to any ditch,road, fence,or other surface improvement
shall not exceed 2:1. Noise levels from oil and gas operations shall not exceed those allowed by
the COGCC Rules, including during the flaring of gas. GWC shall be responsible for controlling
all noxious weeds in the Areas and for preventing such noxious weeds from spreading to other
portions of the Property or any other adjacent lands. GWC shall be responsible for controlling
all erosion of soils within any Area, and on areas within or adjacent to the Property that is caused
by the activities of GWC or its employees,contractors or subcontractors. GWC shall not be
permitted to have,or allow, firearms, crossbows,pets,alcohol or illegal drugs on the Property.
GWC shall conduct all oil and gas operations on the Property as a prudent operator and in a
manner which will minimize, insofar as reasonably practicable and otherwise in accordance with
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this Agreement. the impact on Surface Owner's use, occupation and enjoyment of. and
operations on the Property.
1.3. Limitation on Use of the Prooertv. Except for the Areas, areas covered by
flowline and/or gas gathering line easements granted by Surface Owner hereunder, existing
access roads and areas covered by access road easements depicted on Exhibit A and granted by
Surface Owner hereunder,GWC shall not use or occupy any part of the surface of the Property
except in the event(and only for the duration)of an emergency, or with the prior written consent
of the Surface Owner.
1.4. Limitation on Surface Use Damns. Surface Owner acknowledges and agrees
that GWC's agreement to forbear or limit the exercise of surface use rights it otherwise has in
respect of the Property by reason of the ownership of the oil and gas mineral estate in and under
the Property constitutes adequate consideration for the rights granted to GWC herein by Surface
Owner. Accordingly.except as otherwise expressly provided for herein and without limiting the
applicability of Sections I land 12 below. GWC shall not be obligated to pay,and Surface Owner
hereby waives any right to receive.any surface damage payments,or license or use fees,with
respect to any operations conducted by GWC on Areas or upon access roads, flowlines,gas
gathering pipelines, or other easements granted herein and used in connection therewith. The
waiver of surface damages provided herein shall include any claim for excessive surface use of
the Areas in connection with the exploration for or production of oil and gas from any Future
Well by(iWl' Notwithstanding the foregoing, in the event(a)GWC's activities within any
Area result in damage to the surface of the Property in excess of that normally attributable to oil
and gas exploration and production operations,(b)GWC crosses,occupies or utilizes any part of
the Property other than(i)the Areas,or(ii)the access roads,flowlines and gas gathering lines,or
areas covered by easements granted herein in connection therewith,or(c) GWC's activities on
the surface of the Property damage any crops (in the year in which oil and gas operations occur
hereunder)or alter or damage the flow of Surface Owner's flood irrigation system,GWC shall
be liable for any and all damages that may occur as a result thereof. in addition, if GWC's
operations on the Property damage or destroy improvements of Surface Owner, including but not
limited to buildings, fences, ditches and roads,GWC shall promptly cause the same to be
repaired or replaced,and shall restore the Surface,in a manner reasonably satisfactory to Surface
Owner. Further.if as a result of GWC's failure to conduct oil and gas operations on the
Property as a prudent operator and in compliance with applicable laws, rules and regulations, any
fresh water supply on the Property is rendered unfit for consumption by humans,cattle or other
animals,GWC shall be liable for actual damages incurred by Surface Owner as a result thereof.
To obtain damages for injury to fresh water,Surface Owner will be required to provide to G1A'C
a water quality analysis with respect to the applicable water relating to a period prior to the
activity that caused the claimed damage.
2. WELL LOCATIONS. Subject to the limitations of Section 1.1 above,GWC shall have
the right to drill one or more Future Wells within each Area at surface locations permitted under
the then applicable COGCC Rules or exceptions thereto. GWC shall not otherwise have the
right to drill any new wells on or from the Propaty. in the event that the proposed surface
location of a Future Well within an Area requires an exception to or variance from any
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applicable C'OCCC' Rule, including setback Rules, but is otherwise in accordance with the terms
and conditions of this Agreement, Surface Owner shall neither protest nor object to any such
exception location and,moreover, shall grant any waivers as described in Sections 8 and 9
below. GWC and Surface Owner have agreed that all Future Wells(a)with bottomhole
locations in the SE/4SE'4 and NE/4SE/4 of Section 27(the 27-44 and 27-43 locations
respectively)shall be directionally drilled from the surface Area identified on Exhibit A near the
center of the SE/4 of Section 27(the 27-54 location),and (b)with bottomhole locations in the
NE/4SW/4 of Section 26(the 26-23 location), shall be drilled from the surface Area near the
center of the SW/4 of Section 26(the 26-53 location), In the Area identified on Exhibit A in the
SF/4S W/4 of Section 26(the 26-24 location),GWC may place wellheads and, if necessary,
pump jacks. All other production facilities for well(s)drilled in the 26-24 location,which may
reasonably be placed at another Area(such as the 26-53 location),including but not limited to oil
storage tanks and separators, shall be placed in such other Area,so as to minimize adverse
impacts on Surface Owner's flood irrigation system in the SE/4SW/4 of Section 26 (the 26-24
location).
3. SURFACE RECLAMATION. Subject to Surface Owner's waiver of damages as set
forth in Section 1.4 above, GWC shall be responsible for all costs of interim and final
reclamation and surface restoration for its oil and gas operations within the Areas or upon or
relating to the access roads, flowlines and gas gathering lines or otherwise upon the Property. as
required by any governmental agency or entity having jurisdiction. Without limiting the
generality of the foregoing,each Future Well not completed as a producing oil or gas well shall
be plugged, capped and abandoned and the applicable drilling location reclaimed and reseeded in
accordance with applicable laws, regulations and this Agreement. After completion of any
drilling activity(or cessation of any production activity, in the case of Future Wells which are
capable of production in paying quantities),GWC shall make a thorough, extensive cleanup of
the portions of the Area affected by GWC's activities including, without limitation,the removal
of all waste material,trash,debris,drilling fluids,hydrocarbons and other materials from GWC's
activities or operations. All materials brought into an Area by GWC in connection with the
drilling or other activities on a Future Well shall be removed;no such materials may be buried.
without Surface Owner's consent. All cleanup.reclamation and restoration requirements shall be
completed by GWC as soon as practicable and in any event within 180 days after termination of
drilling or producing activities on any Area.
4. ACCESS ROADS AND PIPELINES.
4. Access Roads. GWC agrees to utilize existing roads on the Property to the extent
practical in connection with its oil and gas operations within the Areas. In the event and to the
extent existing roads are insufficient,Surface Owner hereby grants to GWC a non-exclusive
cost-free easement for additional or alternate road access to the Areas,over routes specified in
Exhibit A,or as otherwise agreed in a recordable instrument between the Parties. Such
easements shall be for the private use of GWC,its agents,employees,contractors,
subcontractors, contract purchasers and regulators only,with no right of use by the public,or for
access by the public to other lands. Unless otherwise agreed by the Parties, any access road
constructed by GWC on the Property shall not exceed twenty(20)feet in width, except as
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otherwise required by applicable law or engineering requirements.and shall be properly graded
and drained. GWC's right to the use of the existing and newly constructed access roads granted
herein shall be non-exclusive. If any Future Well is completed as a producing or shut-in well,
GWC shall(a)gravel all or part of the applicable access road constructed by it in order that such
road is usable in all weather conditions,(b)use all reasonable methods(other than hard
surfacing)to limit dust from the access road,and(c) install culverts and other improvements as
may he necessary for the proper upkeep,maintenance and drainage of said access road. For so
long as GWC uses an access road constructed by it,GWC shall maintain it in a state of good
condition and repair, at the sole expense of GWC; provided that Surface Owner shall be
responsible, as between GWC and Surface Owner,for the cost of all repairs to the extent
attributable to the use of such road by Surface Owner and its invitees, contractors and
subcontractors. The maximum speed limit on any such access road shall be twenty-five(25)
miles per hour.
4.2 Relocation of Access Roads. Subsequent to construction of any access mad by
GWC, and upon notice and consultation with GWC, Surface Owner may relocate such roads and
associated easements, so long as any substitute route does not materially interfere with GWC's
access. Any such relocated access road constructed by Surface Owner for the use of GWC shall
be of sufficient size to allow GWC to conduct the operations contemplated for the Future Wells
and shall he built to withstand a minimum of 26,000 pounds per axle.
4.3 Pipelines. All flowlines, gas gathering lines and pipelines outside of an Area and
necessary in connection with the production.transportation or marketing of oil or gas from any
Future Well shall be constructed along the routes depicted in Exhibit A,or as otherwise agreed
between the Parties,and in accordance with applicable laws and good oilfield practices. All
Bowlines. gas gathering lines and pipelines,whether located within or without an Area, shall be
buried to a minimum depth of three(3) feet below the surface of the earth. and a maximum depth
of five(5) feet below the surface of the earth. In connection with the installation,construction,
operation and maintenance of all such lines,GWC shall use all reasonable care to avoid
damaging or otherwise interfering with underground utilities on the Property. Without the prior
written consent of Surface Owner. GWC's activities in connection with the construction,
maintenance or repair of such lines shall be limited to ten(10)feet on either side of the line.
5. PRODUCTION FACILITIES AND EQUIPMENT. GWC shall have the right to
locate, install,build, repair and maintain tanks,separators.dehydrators,compressors and other
facilities and equipment reasonably necessary,appropriate or convenient for the operation and
production of any Future Wells within Permanent Operating Areas. With respect to GWC's
equipment and facilities,other than Bowlines,gas gathering lines and pipelines:
5.1 GWC shall install and maintain fencing around its facilities and equipment within
the Permanent Operating Areas in compliance with the COGCC Rules, unless more rigorous
standards are otherwise agreed to in writing by the Parties.
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5.2 GWC shall install and maintain gates and locks reasonably necessary for the
security of any wells and/or facilities in the Permanent Operating Areas. Such gates and locks
shall be of a type and quality customarily used by GWC for such purpose.
5.3 GWC shall paint any above-ground production facilities and equipment, including
wellhead guards, with paint with appropriate earth-tone colors to blend with the surrounding
landscape and that is otherwise approved by the COGCC.
6. WAIVER OF THIRTY DAY NOTICES. Surface Owner hereby waives the thirty(30)
day advance notices required by COGCC Rules 305 and 306,as amended, with respect to Future
Wells,and agrees to execute a separate waiver for filing with the COGCC if requested by GWC.
This waiver does not apply to any other wells that may be proposed by GWC,unless
subsequently accepted by Surface Owner and made a part of this Agreement. In addition, such
waiver shall not apply to any Future Wells to be drilled from the surface of the SFl4 of Section
27. and the SW/4 of Section 26,Township 6 North, Range 67 West, as to each of which GWC
agrees give Surface Owner at least 30 days'advance notice of the applicable spud date in order
to permit Surface Owner to timely adjust activities in its buildings which may be affected by
noise or vibration from drilling activities on such locations.
7. DRILLING AND COMPLETION OPERATIONS. Subject to rig availability and the
receipt of drilling permits and other necessary authorizations, GWC shall use its commercially
reasonable efforts to drill all Future Wells to be located within a single Temporary Drilling Area
consecutively. and GWC shall make all reasonable efforts to pursue drilling operations in a
diligent manner so as to minimize the total time period on location and to avoid rig relocations or
startup delays during the course of drilling. To help expedite the drilling of Future Wells,
Surface Owner hereby waives and shall not assert any objections to continuous(i.e..24-hour)
drilling or completion operations; provided that, upon the request of Surface Owner from time to
time.GWC shall temporarily cease or suspend its drilling operations in the Temporary Drilling
Area located near the center of the SE14 of Section 27,T6N, R67W(including wells drilled to
the 27-43 and 27-44 bottomhole locations) for such periods,not to exceed three(3)consecutive
days,as shall be reasonably necessary to permit Surface Owner to adjust its manufacturing
schedule or process so as to minimize adverse impacts of drilling on
Surface Owner's vibration-sensitive manufacturing operations. Surface Owner shall be
responsible for, and shall promptly reimburse GWC on demand for, all out-of-pocket costs
incurred by GWC as a direct result of cessation or suspension of drilling activities at Surface
Owner's request.
8. BUILDING RESTRICTIONS;SETBACK REQUIREMENTS.
8.I Surface Owner Improvements. Surface Owner shall not build,construct or install
any improvements upon any portion of the Property lying within the Areas, including,but not
limited to landscaping,sprinkler system,fences,sidewalks, access or haul roads,paved streets,
and water drainage and sewer systems without the prior written consent of GWC. GWC reserves
the right to withhold consent as to any such building,construction or installation which GWC
reasonably believes will materially interfere with its existing or future operations within the
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Area,but such consent shall not otherwise be withheld. If, after obtaining such consent and
constructing any other improvements within the Areas, GWC requests that such improvements
be moved or removed to accommodate GWC's oil and gas operations thereon, Surface Owner
shall be obligated, at GWC's expense, to move or remove such improvements as soon as
commercially practicable after the date such request is received. GWC shall use reasonable care
in conducting its operations on the Areas, and shall be responsible for damage to any
improvements constructed by Surface Owner in the Areas.
8.2 Setbacks. Except with respect to the location of GWC's wellsites and production
facilities within the Areas designated on Exhibit A, which the Surface Owner has already agreed
to and waived to the extent necessary,or as otherwise consented to by Surface Owner, which
consent may not be withheld unreasonably, GWC agrees to comply with the setback
requirements of the COGCC Rules.
9. GOVERNMENTAL PROCEEDINGS.
9.I Surface Owner. Surface Owner shall not,directly or indirectly, oppose,or
encourage opposition to, GWC in any agency,administrative or other governmental proceedings,
including but not limited to the COGCC,Town of Windsor.County of Weld,or other governing
body proceedings, related to GWC's oil and gas operations on the Property; provided that
GWC's actual or proposed operations and position in such proceedings are consistent with this
Agreement. Surface Owner further agrees to provide GWC with whatever written support it may
reasonably request to obtain permits relating to oil and gas operations from the COGCC or any
local jurisdiction.
9.2 GWC. GWC shall not, directly or indirectly, oppose,or encourage opposition to,
Surface Owner in any agency,administrative, county,Town of Windsor, County of Weld or
other governing body proceedings, relating to Surface Owner' operations on and development of
the Property,provided that Surface Owner's actual or proposed operations and position in such
proceedings are consistent with this Agreement.
10. COMPLIANCE WITH RULES AND REGULATIONS. In addition to the terms and
conditions of this Agreement,and except as expressly provided herein, (a)GWC shall also
comply with all applicable COGCC Rules, including, without limitation,COGCC's Series 1000
Rules,and (b)this Agreement shall not be construed to relieve GWC from any or all of the
COGCC Rules. If there is a conflict between this Agreement and any applicable COGCC Rule,
then whichever of this Agreement or the COGCC Rule which requires stricter protection of the
environment,public health,safety or welfare shall prevail and govern as to the point in conflict,
unless specifically waived herein or otherwise in writing by Surface Owner and as may be
allowed by COGCC. This Agreement does not constitute a waiver of any COGCC Rule unless
specifically provided for herein. To the extent this Agreement deals with a subject covered by
any COGCC Rule, but the Agreement does not provide a standard for performance,then the
standard shall be provided by the relevant COGCC Rule. Upon request of Surface Owner,GWC
shall timely provide Surface Owner with copies of any non-confidential reports,notices or
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documents tiled by it with the COGCC or any other regulatory agency having junsdiction over
GWC's operations hereunder.
11. LIMITATION OF LIABILITY, RELEASE AND INDEMNITY;INSURANCE.
11.1 NO PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR,OR BE
REQUIRED TO PAY THE OTHER PARTY FOR, SPECIAL,PUNITIVE,CONSEQUENTIAL
OR EXEMPLARY DAMAGES FOR OR IN CONNECTION WITH ACTIVITIES
UNDERTAKEN WITHIN THE SCOPE OF THIS AGREEMENT.
11.2 Except as to Environmental Claims(which claims are defined in and governed by
Section 12 below),and as otherwise provided herein,GWC shall be and remain responsible for
all liability for losses.claims,damages.demands, suits, causes of action,fines,penalties,
expenses and liabilities,including without limitation attorneys'fees and other costs associated
therewith(collectively,"Claims"), arising out of or attributable to its ownership of or operations
(including the activities of its lessees, invitees,agents,employees, contractors and
subcontractors)on the Property,the surface of the Property or the oil and gas mineral and
leasehold estates in the Property,as applicable,no matter when asserted, subject to applicable
statutes of limitations. GWC shall release,defend,indemnify and hold Surface Owner and its
affiliates, and its and their officers,directors,employees, agents,successors and assigns,
harmless against all such Claims of unaffiliated third patties. Each Party shall be and remain
responsible for all liability for Claims ansing out of or attributable to its breach of this
Agreement or any default in the performance of its obligations hereunder, no matter when
.asserted, subject to applicable statutes of limitation, and shall release,defend, indemnify and
hold the other Party and its affiliates, and its and their officers,directors, employees. agents,
successors and assigns,harmless against all such Claims. GWC shall be and remain responsible
for all liability for Claims arising out of or attributable to any breach of this Agreement by any of
its Lessees ur any default in the performance of the obligations hereunder by any of its Lessees,
no matter when asserted, subject to applicable statutes of limitation, and shall release,defend.
indemnify and hold Surface Owner and its affiliates and its and their officers,directors,
employees, agents, successors and assigns,harmless against all such Claims. This provision
does not,and shall not be construed to,create any rights in persons or entities not a party to this
Agreement, nor does it create any separate rights in the Parties,other than the right to be
indemnified for Claims as provided herein. This provision does not, and shall not be construed
to require either party to indemnify any party to be indemnified, with respect to the negligence or
willful misconduct of the party to be indemnified.
11.3 Upon the assignment or conveyance of a Party's entire interest in the Property,
such Party shall be released from its indemnification obligation in Section 1 l.2 with respect to
any Claims based on actions, occurrences or omissions occurring after such assignment or
conveyance.
11.4 GWC shall keep its operations insured,or comply with applicable self-insurance
laws and regulations,for automobile,liability,and workers' compensation insurance,and for any
damages incurred on the Property resulting from the negligence of GWC.
Page 8 of 12
12. ENVIRONMENTAL INDEMNITY. Subject to the limitations of Section 11.1 above:
12.1 "Environmental Claims"shall mean all Claims asserted by governmental bodies
or other third parties for pollution or environmental damage of any kind,or for noncompliance
with Environmental Laws, arising from or attributable to operations on or ownership of the
Property or ownership of the oil and gas mineral and leasehold estates in the Property, whichever
is applicable, and all cleanup and remediation costs,fines and penalties associated therewith.
including but not limited to any Claims arising under Environmental Laws or relating to asbestos
or to naturally occurring radioactive material. Environmental Claims shall not include the costs
of any remediation undertaken voluntarily by any party,unless such remediation is performed
under the imminent threat of a Claim by a governmental body or other third party or to comply
with any applicable Environmental Law.
12.2 "Environmental Laws"shall mean any laws, regulations, rules,ordinances,or
orders of any governmental authority(ies),which relate to or otherwise impose liability.
obligation,or standards with respect to pollution or the protection of the human health, safety or
the environment, including but not limited to,the Comprehensive Environmental Response,
Compensation and Liability Act of 1980,as amended(42 U.S.C. §9601 et seq.),the Resource
Conservation and Recovery Act of 1976(42 U.S.C. §§6901 et seq.). the Clean Water Act(33
U.S.C. §§466 et seq.). the Safe Drinking Water Act(14 U.S.C. §§1401-1450),the Hazardous
Material Transportation Act(49 U.S.C §§1801 et seq.). the Clean Air Act- and the Toxic
Substances Control Act(IS U.S.C. §§2601-2629)or their state counterparts.
12.3 GWC shall release, protect, indemnify, defend and hold harmless Surface Owner
and its affiliates, and its and their officers,directors,employees,agents, successors and assigns,
any third party who purchases a portion of the surface of the Property from Surface Owner, from
any and all Environmental Claims to the extent such Claims arise out of or are attributable to the
operations of GWC or its Lessees on the Property. Surface Owner shall release,protect,
indemnify.defend and hold harmless GWC, its affiliates, and its and their officers,directors,
employees,agents, successors and assigns,from any and all Environmental Claims to the extent
such Claims arise out of or are attributable to Surface Owner's operations on the Property.
13. NOTICE OF CLAIM FOR INDEMNIFICATION. If a Claim is asserted against a
Party for which another Party would be liable under the provisions of Section 11 or 12 above,it
is a condition precedent to the indemnifying Party's obligations hereunder that the indemnified
Party give the indemnifying Party timely written notice of such Claim setting forth all particulars
of the Claim, as known by the indemnified Party, including a copy of any written Claim. The
indemnified Party shall make a good faith effort to notify the indemnifying Party within five
days of receipt of a Claim and in any event within such time as will allow the indemnifying Party
to defend against such Claim.
14. LIENS. GWC shall,at its sole expense,keep Surface Owner's property free and clear of
all liens and encumbrances resulting from GWC's and its Lessees' and agents' activities on the
Property. and shall indemnify and hold harmless Surface Owner from and against any and all
Page 9 of 12
es,
es-
liens, claims. demands, costs and expenses, including without limitation attorney's fees and
costs, in connection with or arising out of any work done, labor performed, or materials
furnished.
15. REPRESENTATIONS. Each Party represents that it has the full right and authority to
enter into this Agreement and Surface Owner specifically confirms its capacity to validly execute
the rights of way and easements provided for herein. Notwithstanding the foregoing,this
Agreement is made subject to any and all existing easements,rights of way, liens,agreements,
burdens,encumbrances, restrictions and defects in title affecting the Property.
16. SUCCESSORS; LESSEES. The terms,covenants and conditions hereof shall be
binding upon and shall inure to the benefit of the Parties and their respective successors and
permitted assigns. The Parties acknowledge that GWC may lease all or portions of its mineral
estate in and under the Property to one or more third parties(each,"Lessee"), and GWC agrees
to cause each Lessee to comply with and abide by all relevant terms and conditions of this
Agreement. Except as provided herein,GWC may not assign or delegate its rights or obligations
hereunder to any unaffiliated third party without the prior written consent of Surface Owner,
which consent shall not be withheld if Surface Owner reasonably determines in good faith that
the proposed assignee has the operational ability and financial capacity to perform GWC's
obligations hereunder.
17. TERM. This Agreement shall become effective when it is fully executed and shall
remain in full force and effect for a period of ten (10)years,or until GWC or its authorized
lessee(s) have plugged and abandoned all wells owned all or in part by GWC (including
ownership of a royalty interest therein)and complied with the requirements of all applicable
regulations and relevant oil and gas leases pertaining to removal of equipment, reclamation,
cleanup and surface restoration, which ever is later in time. When this Agreement terminates,
the Parties shall execute any further releases reasonably necessary to evidence the fact that this
Agreement shall no longer apply to the Property. The indemnities set forth in Sections 11 and 12
hereof shall survive any termination or expiration of this Agreement.
18. NOTICES. Any notice or other communication required or permitted under this
Agreement shall be sufficient if deposited in U.S. Mail, postage prepaid, addressed to each of the
following:
If to Surface Owner: Eastman Kodak Company
343 State Street
Rochester,NY 14650-1265
Attn: Mee F.Wing. Director of Real Estate and
Support Services
If to GWC: Great Western Oil and Gas Company, LLC
252 Clayton Street, Fourth Floor
Denver,Colorado 80206
Attn: Eric D. Swanson, President
Page 10 of 12
Any Party may, by written notice su delivered to the other parties,change the address or
individual to which delivery shall thereafter be made.
19. RECORDING. A Memorandum of this Agreement,and of any amendment to this
Agreement, shall be promptly recorded by GWC,which shall provide the Surface Owner with a
copy showing the recording information as soon as practicable thereafter.
20. SUBSTITUTE AGREEMENT. In consideration of the Parties' respective rights.
obligations and benefits herein,this Agreement shall constitute the surface use or surface damage
agreement provided for under the COGCC Rules and under any oil and gas lease covering the
Property.
21. DISPUTE RESOLUTION;FORUM.
21.1 Except to the extent a Party deems it reasonably necessary to seek immediate
injunctive or equitable relief, in which event a Party may seek such relief to protect its interests
in an appropriate forum,in the event of any controversy or claim arising out of or relating to this
Agreement.or any breach thereof,the Parties agree for a period of 30 days following notification
that a controversy or breach has arisen or occurred to attempt in good faith to resolve any such
controversy or breach between the respective senior officers for each Party who are responsible
for administration of this Agreement. For purposes of this paragraph. respective senior officers
who are responsible for administration of this Agreement shall mean the manager of site shared
sen ices,or its reasonable equivalent. in the case of Surface Owner, and land manager,or its
reasonable equivalent,in the case of GWC. All applicable statutes of limitation. including
without limitation any contractual statutes of limitation in this Agreement shall be tolled while
the procedures of this Section 20.1 are pending. If such senior officers are unable to resolve the
controversy or breach within the said 30 days,then the Parties shall submit the controversy or
breach to the Surface Owner's director of real estate and support services,or reasonable
equivalent,and GWC's president or reasonable equivalent, for resolution for a period of IS
days. If the Parties' respective senior officers resolve the controversy or breach,the Parties will
adhere to their resolution, and make such amendments to this Agreement as may be necessary.
21.2 In the event such senior officers are unable to resolve the controversy or breach
within the said 15-day period,either Party may initiate an action in a federal or state court of
competent jurisdiction located in the State of Colorado, and the Parties hereby irrevocably
consent to the jurisdiction of all such courts.
22. APPLICABLE LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Colorado,without reference to its conflict of laws
provisions.
23. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding among
the Parties regarding the matters addressed herein,and supersedes any previous communications,
Page 11 of I?
f
representations or agreement, whether oral or written.This Agreement shall not be amended,
except by written document signed by all Parties.
24. HEADINGS. The section headings contained herein are for convenience in reference
and are not intended to define or limit the scope of any provision of this Agreement.
25. TIME OF ESSENCE. Time is of the essence in this Agreement.
26. NON-WAIVER. Waiver by either Party or of the failure of either Party to insist upon
the strict performance of any provision of this Agreement shall not constitute a waiver of the
right or prevent any such Party from requiring the strict performance of any provision in the
future.
27. SEVERABILITY. Any covenant,condition or provision herein contained that is held to
be invalid by any court of competent jurisdiction shall be considered deleted from this
Agreement,but such deletion shall in no way affect any other covenant,condition or provision
herein contained so long as such deletion does not materially prejudice the Surface Owner or
GWC in their rights and obligations contained in valid covenants, conditions or provisions.
28. NO JOINT VENTURE. This Agreement is not intended to,nor shall it be interpreted to
create a joint venture, partnership or any other relationship between the Surface Owner and
GWC,other than that of surface owner and oil and gas lessee or mineral owner, respectively.
THE PARTIES have executed this Agreement on the day and year first above written.
GREAT WESTERN OIL AND GAS
COMPANY, LLC
By: • �___
Eric D. Swanson,President
EASTMAN KODAK COMPANY
`}i,J By: _.e... L...
Name: L #w (-• l
Title: 4,c.Graiwi
3453554_4.DOC
Page 12 of 12
Exhibit A
"-1'ihe Oil and (.ras Operal.ions Areas'
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tor • 7� t�y T
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. .* F Rei s;- 'nom 11T{ ,�pJ 1 � - w .ccl'T f^r. ' 61: :a ',1;1:4,-N.+-fir +_' Sx 7.>. Aa .s i �.# r }•�l�c i it �, �
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'� _ 4t. .C2`5lkz i`i''4 e' ' ' .t?- .' I-k. `�'.,,r. 1,
.. L r •i#r 4. ei I J x„g 1 .. t w r " -Eu�`f'^ f'iL
ri ,, trrsr i l r ,
.y Y n y
• roam ACCESS ROAD
FLOW ANDIOR GATHERING LINES
Q TEMPORARY DRILLING AREA
fal PERMANENT OPERATING AREA
(aq POSSIBLE COMBINED TANK BATTERIES
'. WELL SETBACKS
O STATE ALLOWED DRILLING WINDOWS
Exhibit "B"
to
Purchase and Sale Agreement
between
Eastman Kodak Company and Great Western Oil and Gas Company, LLC'
DESCRIPTION OF REMAINING KODAK PROPERTY
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 WA's
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 ST 8'02'35"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 518°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 500°04'37"E, 3,158.77 FEET TO A POINT ON THE NORTH LINE OF THE
r1PL.l- 'F fHF 5i)Li ' I11 '+`.. : Iiiif! Lk
JF SAID SECTION 35
THENCE ALONG SAID NORTH LINE 589 3409'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:
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) S8502'00"W. 57.59 FEET.
5) S61°24'16"W, 48.97 FEET;
6) S34"0529"W, 124.67 FEET;
7) S54'26'20"W, 199.22 FEET:
8) S40°32'53"W, 159.44 FEET;
9) S04"13'02W. 266.14 FEET.
10)S16"46'04"E, 85.59 FEET:
11)546'20'03"E, 192.85 FEET;
12)S75'23.1O"E, 51 85 FEET:
13) S49°11'34"E, 55.89 FEET:
14)500'14'38"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.
191 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) 331'19'04"W, 192 28 FEET
6) 521'22'15"W. 201.87 FEET:
7) S36`05'51"W. 64 27 FEET.
THENCE 500"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:
1
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:
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°11'211/1/, 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°391541/V, 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°29.441/V, 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 NOS'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.
3
IEASTMAN PARK DRIVE _y „y -Vt 1v,.;__, y
r MµEN -40 r- \ \SOUTHERLY
POINT OF R.O.W.
EXHIBIT OF KODAK BEGINNING EORS AN PARK
IVE
REMAINING LANDS EAST BACK
,y OT CLIPS
LINE. LITHO
NPLA EE DRIVE
I.
S \b 1
27 I SEC .
28
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I I scale 1"=1200' feet 1 800.51 ACRES
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TST, INC.
Consulting Engineers
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