HomeMy WebLinkAbout20040797.tiff l) ,t; I fillII Bin VIII!"till HlilllI Ill MI III II
2806564 11/14/2000 ,. ..,4A JA Suki Tsukamolo
1 of 2 R 10.00 D 0.00 Weld County CO
RATIFICATION
OF
OIL AND GAS LEASE
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, that certain oil and gas lease, dated the 10th day of August, 2000,
from Eastman Kodak Company, a New Jersey corporation,as Lessor; to Prima Oil&Gas Company,
as Lessee, recorded at Reception No. of the official records of Weld County,
Colorado, is owned by Prima Oil& Gas Company, its successors or assigns, reference to said lease
and to the records thereof being hereby made for all purposes, to wit.
insofar and only insofar as it pertains to/he folloudng lands
Township 6 North.Range 67 West,6th P.M.
Section 35_ Lot"A" of that certain Recorded Exemption 0807-35-I-Re 1244 in the
N/2NE/4
containing 77.60 acres, more or less
NOW,THEREFORE,in consideration of the sum of One Dollar(S 1.00)and other valuable
considerations, the receipt and sufficiency of which are hereby acknowledged,we,the undersigned,
and each for himself and herself, as the case may be, do hereby ratify, adopt and confirm the
hereinabove described Oil and Gas Lease in all of its terms and provisions and do hereby lease, demise
and let said land and premises unto the said Lessee hereinabove named, his assigns and successors
in interest, as fully and completely as if we had originally been named as Lessor in said lease and had
executed, acknowledged and delivered the same;provided, however, that this instrument shall cover
and bind all interest of the undersigned which may have been acquired subsequent to the date of the
aforesaid Oil and Gas tease and is intended further to cover and bind any interest which the
undersigned may hereafter acquire by way of reversion or otherwise.
It being provided further that the undersigned shall not he entitled to receive any portion of
the rentals payable under said lease but such rentals shall be paid to the persons designated to receive
such rentals in accordance with the terms and provisions of said oil and gas lease and their heirs,legal
representatives, successors or assigns.
We hereby agree and declare that said oil and gas lease in all of its terms and provisions is
binding on us and each of us and is a valid and subsisting oil, gas and mineral lease and that this
instrument shall be binding upon the respective heirs, executors, administrators, successors or assigns
of the undersigned.
' ,-.;T}is instrument may be executed in any number of counterparts, each of which shall be
considerea'dnoliginal for all purposes.
it A
EXEFUU�ED this j day of C IL)) '_t-K — 2000.
�• }I
/ /J
Garire;'ty. g�ert Family Trust
/
. _.
Ruben Huge-4 Trustee Pauline Scheid, Trustee
James Pivonka, Trustee
&Ccy-6'797
:errs ex{rJn l;v
ca LEO,No 2 i0dRI)
OIL AND GAS LEASE
i ,_7 Aak F:EMENI,Made and entered into the t0'h day at August ,100 0 .by and between
Eastman Kodak Company-a New Jersey corporation whose address is
9952 Eastman Park Drive, Windsor.CO 80 55 1-1 574 .beramaner called Lessor(whether one or more)and
Prima Od&Gas Company whose address is 1801 Broadway,Suite 500,Denver,CO 80202
heremalien called Lessee
W I NESSETI I.That the Lessor.for and in consideration of TEN AND MORE L S10 on ri De1LLARS cash in hand paid_the receipt and ndllaonee are
hereby acknowledged,and the covenants and agreements hereinafter contained,has yaamed_demised.leased and let and by these presents does giant,demise,lease
and let exclusively unto the said Lessee,the land hereinafter described.with lie exclusive right tar the purpose of muting,exploring by geophysical and other
methods, t operatingf rd producing therefrom oil.gas, gl dg : d other liquid anti g d lox and all constinienis of4 including inert
suchhelium. otherconstituents whether similar or d: nlar. hatmay he produced from any soil drilled under
the terms of this lease.with rights of was and easements for laving pipe tins:mid se long or drilling other wells in the vicinity of said lands_and erection of
structures thereon to produce,save and take care of said profilers,all Out certain tract of land,together Yell,any reversionary,remaindennen and executor'rights
therein.situated in
Weld comely Colorado .described as follows,io-war.
See Exhibit"A"and"Addendum"attached hereto and by this reference made a part hereof.
It is the intent of Lessor to lease all of their interest in and to all nil,gas and associated hydrocarbons under the subject
lands.
and containing 607.19 acres more or less.together with all slims or parcels of land(not,however,to be construed to include parcels comprising a
regular 40-acre legal subdivision or lot of approximately corresponding sae)adjoining or contiguous to the above described land and owned or claimed by Lessor
I It is agreed that this lease shat remain in lorA„fp4ylenuyE four(4) years them this date and as long thereafter as oil or gas of whatsoever nature or
kind is produced f d leasedp wt acragaconledh act r drilling operorrons are continued as hereinafter provided. If at the expirationf th
primary term ofth lease, gas IS noth g proaftwed nn theleased p 6 pooled the h lint Lessee isJ 6ged in drilling re-working
operations thereon.then this lease h ll coniiimid ibicki4long as operationshemg continuously prosecuted the leased premises or on acreage pooled
therewith therewithi and operations shall he d cock lin be continuously prosecuted if not more than one bunched e sty(130)days shall elapse between ihe completion or
abandonment of one well and the beginning,of p fdh_ for thz drilling of a subsequent well. If after discovery of oil or gas on said land or on acreage pooled
m t ew to the production I thereof should cease f en
ure nuthafter the primary term, 1 s lease 11 not terminate f Lessee n additional drilling or re
warkmg operations within one hundred twenty(INWbomdate of cessation ofprnductron or from dam of completion of dry hole !foil or gas shall be discovered and
produced as a result ofsuch operations mar after lie expiration of the primary lout of this lease this lase shall continue m force so long as od or gas is produced
Iron the leased premises or on acreage pooled IIerewdh
2 lhrs as a PAID-UP LEASE. In consideration of the down cash payment,Lessor agrees that lessee shall nor he obligated_except as otherwise provided herein,10
conwrience or y operations during the primer,/teen Lessee na rime
v at any re or tines during Or alter the primary term surrender this lease as to all or any
portion of said land�and�as to anv stela or stratum by delivering to Lessor or by filing for record n release or releases.and be relieved of all obligation thereafter
accruing as to the acreage surrendered.
In consideration of rile premises the said I.c,ce covenant,and agrees.
Ist Tn deliver to the credit of Lessor.Gee of cost.in the pipe line to which Lessee may connect wells on said land,the equal one-eighth(1/A)part of all oil
produced and saved from the leased premises.
2nd To pay f. igl th(O1)4 t gross proceeds each year.payable quarterly.for the g s from each well where gas only is found,while the same is
being used off the premises,andf used in themanufacture f gasoline royalty of eght (ES) payable tlly al to prevailing market rale for gas.
3rd To pay Ivesor for gas produced Porn oil well and u ed enthe premises in in the an tirtlre of gasoline or any other product a royally of one-eighth
(lit)of proceeds,at the th oft ell payahle monthly attl prevailing k t rale
4 where s f well capablef producing6 t sold cri used,L :. may pay or renderroyalty to the It owners One Dollar per year p t royally
acre retained hereunder, u ch payment or tender to he made on or her re the:mower Sal date of this lease nest ensuing idler the expiration of TAO days Imm ihe dale
such well is shut in and thereafter on or before the anniversary date of this lease duping the period such welt is shun in If such payment or lender is made.it will he
considered that gas is M1gproduced withun the titeantng atl
0 I lordI essor owns a less interest in lie alcove described land th n the entire and undivided fee mple estate therein then the royalties(Including any shmin gas
royalty)herein prosidedf shall be paid th l ilie propomen whichLessor's interest b to the wholeand undividedt
. Lessee Mall have theright to use,r (Mist gas,oil- d water produced l land f Lessee's eperation rhoexcept water from the wells f Lessor.
'lrequested by lEssor,Lessee shall b Lessee's pipl plow Ill
A No well shall he drilled than 20E feel the house or barn now on said premises NI111010 within consent ol Lessor
9 Lessee Wail;pyf damages d hy l operations to growing 1 !dl 11 by Le65CC Al
e.lEssee shallh h right at anyt 11 illeChalety andt. placetrie saidIremises,including t right to draw and reinove casing
11 The It:ofps - and Lessee hereunder bc assigned in whole or paw N i g n ownewlitp IL . t (hy assignment or otherwise) hllM1\
binding on Lessee ontill has been Or 1 't Rf certified copies ofll recorded instruments or documentsand other information
m establish plate chain of and title( and t only with respect t pavilions lb.:roller ho made N other kr A of t o whet) actual or
Onsln shall h binding e No present l d . n f l. p 't d t rent p , p ( i land la r operate t. large
ttlhe obligations or diminish the rights of lessee_and all e.:ees ope-tus ma'he conducted w hose iegard to any such d vin If all or any part of this lease is
a„igned leasehold owner shall he hahle f a f n leasehold owner
12 Lessee.art pt nag right and power t any time andi to time as r et owing nglit ether before or after production as t ll or any
pat of the land dexahed herein I as to any one or more iif the formations h d to pool or unitize the leasehold estae and the miner)estate covered by this
lease w to other land.lease or leases n the munecliale vioniiyfar production f oil and gas_or separately for the production oft .ener,when in Les_ lodgment
nth it is _advisable to do and irrespective of whether authority similar to airs evists with rasped to such other land_lease or leases Likewise,wh nts
previously b
d t cl I formations notproducing r'coe 1reformedt. I such f f no describe f ' g f Y n
, _ I h
may include hold operations 1 1 III 1 la pl hero l p f llu I 1111;114.161.1i tyi tl s f h a r t pr I' g
or
wadgotwell shirtel 11' market i 1f p r- pis u: shall be'seated production,
A p t well t l f t 1 market under t 1 1 1 f royalties I. 1 dspecified,including l t- gas
troyalties. shall production im the unit s pooled yst- p 1.suchproduction an allocated t such allocation shall m
e
such proportion itenh production -I b e. g! - 'l by this leaseall
included t unit . tom total number one
m acres
in
such unit I thereunder
m the foregoing,rnds i c shall have the l area b err I. air pc all or a unitplr n n opmenidescrib lands to oath . e of the
governme alcaeunder with artier lands on rte some general area l,1 entering a o terminate
o. ism plan of dor agto near a mein such
approved t by any
governmental authority d r like approval. Il change such plan y prl I_ M1 or the terms,
conditions o p of d_ shall a deemed modified t la t r d rip cif approved p h a and with of
the
development operation and_particularly,is all last drilling and d 11 l requirements of this l es or pf l eshallifhe I d to npft mewth event
drilling,andabove
described
development requirements iof. t1 ie agreement.1. e this rate ell any
Ii e doping11 life des to plan g epmo. In the even
pats. I h d m bell t ryetl thereof, 1f telandrhsagent p 1 y such unit plan of development operation whereby the
ppoa therefrom is II �dt differentl e fit land IM1 Lplan.t lasproduction cl yparticular r of land shall.for the
to IComputing the ),ft to he heflV 11 1 top.:. t regarded gib shall
produced Il the n tract 1lend a which Itallocatedand
not pct any other cues of land: cooperative
the ative o payments n of he nape enreo tilpr to Lessor ledhe .r uedl production onlany as er allocatedgovernmental
a cyLessor shall t0mP e
express lessor's consent to any cuopcnvrve or unlr plan of development or operation adopted by Lessee and approved by any eovannwanal agency by executing the
ac p t of Lessee
13 All espies,or mipliedf dml Iallbe subject to alll d 't andS I h.'ecutive(Inlets.Rules orRegtd and Pus lease shall not be
temotieated at whole or in pan.nor Lessee held liable in damages liar failure to comply%liar h Teumplance is presented sty or if sob Failure s the result ot,a ,
such Law.Order_Ride or Regulation
I IEN1 WII 111111111111111111111111111111
2803467 10/30/2000 03:57P JA Suki Tsukamoto
1 of 4 R 20.00 0 0.00 Weld County CO
I4 Lessor hereby warrant,and agpees to defcm title to the lands herein dee:r{hed and mate,that she shall have the debt at n v time to redeem for
Lessor law payment.any mm;;tiger,lase,or other on the;Mose demnhed laouts in the it of del atlt of nth Lessor and la suhrowit,d la the nghl,of
the holder thereof,and le hs.grows that allv such pas t,made h,I fr the lessor say he deducted from any aans 31110111U,nf manes witch may become
dot the rdunderthelcpne ltin s dotess L0knew, of it Lem,its .Irtal Iras.. nd ltb,rco nd assigns l !im,psmtWuandrds Is right ol
wt.is
&mow .a nd lnth.pram as deco bell knew +In m.. d right.l l.o,r and lturtle .-J inpw -IT tittapu�ponzs tor,.hnhthisle.uc s �rA..
v wiled herun-
IS.Should anv one or more of the parties lerereabove named as I<scor fad to exernte this lease.it shall n enheless he binding upon all suds panto,who do
-t ita,I essor he wordI Mall 11.used in MI, shall mean ans one o tom or all rl the panics who execute this lease as lessor All the plowman,of
this lease shall het wing m the heirs,stcee:ahr and assigns of Lessor and lesce�n
IN WI INFSS WI IE_It EMI.this instrument Is executed it of the date first above written.
Easl,,nst Kodak Company,a Ne 'Jersey cot poration Attest:
fris
I �
Ss/r,lDI ! ( - A4 i f r�
I
St ATE ol Ir
Ihr. /hf 4(t{I/ ACI:NUR LLDG[MENTLORI OR\TL '44+
COUNTY of h
0EFORF ML,the undersigned a Not.ary pll., in and for.ad Cotton.and Stale on this /Cr Las of LI
personally appeared to me-known tobe the ulentealp person
nhsenbd the name et the rink er th,rcoltoth cueing'mwneet as is • _ wcI �, I anda Fnmvledged tome that S heexecmed
the same as say (' Ziff free and voluniam acts l deed and as the tree ind tars aet aid dpi ot cuch corporation la authority of [Board of taieaars,for
tits uses and purposes ii mirth set tool.
IN WITNESS WI IEIUEOF I have hereunto set ow hand and atlised cm notarial seal the day and year last above written
SI, Commission
rxpnc'
7II r) y, 1 t�1?fI'
KATHLEEN A.VOOELE NmdyFlle
Notary Pudic,State W NwWflt Add,ess
QualHled N Ontario Opting,
Commission Expires .^r-
.
'f^Atrrl'
L
1 11111 11111 1111111 Iill HIE IIII IIIIII III IIII I IIII lilt
2803467 10/30/2000 03:57P JA Suki Tsukamoto
2 of 4 R 20.00 0 0.00 Weld County CO
ADDENDUM
Addmnnal paragraphs attached to and made a part of Oil and Cas Lease dated August 10,2000,by and between Eastman Kodak
Company,a New Jersey corpomnou,as Lessor,and Prima Oil&Gas,Inc,as Lessee,to wit.
' 16 It is agreed Mat the words"one-eighth(I/S)"_shall he changed to"llIcon per cent(15.00ao)"in each place in the printed
portion of this lease where said words"one-eighth(I/8)"are ubed with t efet Nice to payment by Lessee of royalties on oil and
gas to Lessor.
rocture5
•+y yk 7 Lessee/gr cis to consult with the surface owner and/or tenant as to all r ute-of ingress and ey es Poor to the construction
r of any t roads.pipelines,lank battery installations.or installation of air other equipment on the leased premises,
Lessee shall consult with the am face owner rep resent on es and/or tenants as to the location and direction of same
I 8. Lessee shall have the right at any lime during,or alter expit anon of Utu Lease to remove all machinery,fixtures,houses,
buddrugs mid other structures placed by Lessee on the premises leased by Lessee,including the right to draw and remove all
casing-Lessee agrees,upon completion of any lest as a dry hole or upon abandonment of any producing well,to restore the
leased prenuses to its original contour us near as pr amicable and to remove all of Lessee's installations equipment.materials
and supplies within a rcaatmable time Other damages of any kind to any part of Lessor's property caused by Lessee,its
contractors or employees,shall he repair ed by Lessee within fifteen(I 5)days alter receipt of notice from Lessor.
19. 1992 Weld County zoning ordinances for industrial I-I zoning place requirements for a special review upon oil and gas
drilling As a continuing condition to each of Lessee's rights under this Lease,Lessee shall at all tunes comply with each such
zoning requirements and any other law,regulation,rule or govenunental requirement applicable to the use of the Premises.
lessor shall not be responsible litr any cost asseiatal with such cnmpl lance and_shall he reimbursed by Lessee for reasonable
slafenpneering costs Incurred as a result of requests from the Lessee for plats,drawings and the attending of hearings.
20 'Mir drilling operations shall not he permitted within 50 feet of malor irrigation ditches,nor within 1110 feet of Kodak paved
roads.should Kodak paved roads suffer damage due to passage thereover of drilling rigs or other of Lessee's equipment or
vehicles,I,e see will have such paved roads repaired to Lessor's smtsfacts is
21 That on the"Leased lb enused'of that certain Lease Agreement by and between Eastman Kodak Company.as Lessor,and the
State o(Colorado acting by and through the Department of Naoral Resources for tie use and benefit of the Division c fWildlife
mid AVildhie Lonumssion(the"Strut),as Lessee,as to a part of the W2 of Section la-Township 6 North,Range 67 West,
Lessees drilling operations shall not be conducted wit in 200 feet of trails established by the State for the`Walcltahle
Wildlife.area and no drilling lay Lessee shall be conducted:on whete on the premises leased by the Stale thereunder without
the prior written consent of the Slate,acting through its Wildlife Manager.
This lease and Addendum, and all its tern', conditions and stipulations shall estend to and he handing upon all of the hens,
-' administrators,executors,inutees,cut sons and assigns of Lessor and Lessee.
IN WITNESS WHEREOF,we sign the day and year tit st above written
SIGNED FOR IDENTIFICATION.
Eastman Kodak Company,a New Jersey corporation
111111 111 31111 IIII
2(303467 10/30/2000 03:57P JA Suki Tsukamoto
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Exhibit "A"
Attached to and made a pan of that certain Oil &Gas Lease dated August 10, 2000 by and between the
Eastman Kodak Company, a New Jersey corporation, as Lessor and Prima Oil &Gas Company, as Lessee, to
wit.
Township 6 North, Rank 67 West,6th P.M.
Section 34: N/2 less Weld County road more particularly described in Book 995 at Page 165 and
Book 995 at Page 166, and, all that part of the S/2 less and except those certain parcels
of land more particularly described in Book 625 at Reception No. 1547170, dated May
I, 1970, Book 602 at Reception No. 1524120, dated November 20, 1968, and Book
1396 at Reception No. 2346661, dated March 22, 1990, and less Weld County road
more particularly described in Book 995 at Page 162 and Book 995 at Page 163
Section 35: Lot"A" of that certain Recorded Exemption 0807-35-I-Re 1244 in the N/2NE/4
lip all 1111111IIII111111111I11111III Ball IIII 2803467 10/30/2000 03:57? JA Suki Tsukamoto
4 of 4 R 20.00 0 0.00 Weld County CO
Piton!ireRs hx polo IT
Res 060.No 2(945T)
L
� _ OIL AND GAS LEASE
ir
AGREEMENT.Made and entered into the 29'h dip of Juno .200 0 ,by and between
A. Joyce Caner and Warren W.Caller wife and husband
whose address is
18164 Brittany Drive SW,Seattle, WA 08166 hereinafter called Lessor(..hewer one or more)and
Prima Oil&Gas Company whose addles,is 1801 Broadway.Suite 500,Denver,CO 811202
leer.rnallet called Lessee:
WITNESSETII,That the Lessor,for 1' coniaderation of TEN AND hIORE(SI-O00 +) DOLLARS cash in hand paid.thereceipt and sufficiency are
hereby acknowledged.and the I. J agreements hereinafter a s nta ned has gr d.J d.leased and let.and low thesepresents does grant d.mse lease
and let exclusively 10 the said Lessee,the land hereinafter described. with the fight rig the purpose f mining.exploring by geophssical and other
methods and operating for and producmg therefrom oile gas c.inghead gas, d other liquid d g .seous hydrocarbons.and all COFIStittlellts of gas.includIng inert
constituents .Fut not limitedl helium 1l h minerals substanceshth dissimilar,that mayhproduced from v well drilled under
the terms f this lease,with rights of way and easements for laying pipe lines and servismg or dulling other wells in the ry said d(ands.and erection of
structures thereon to produce, arid take care of said products,all ihat certain tract of a ,land,together with any ary.ren liner and executory rights
therein,situated in '"e"
Weld Cmmtv Colorado ,described as follows.to-war.
Township 6 North,Ratify 67 West,6'h P.M.
Section 34:S/2 W2. S/2SW/4, W/2SE-4 less and except those certain tracts more panicularly described in Book 995 at Page
163 and Book 995 at Page 165.
.and containing 31940 acres.more or less,together wirh all strip,or parcels of land(not,however.to he construed to include parcels oompnsmg a
regular 40-acre legal subdivision or lot of approximately corresponding size)adjoining or contiguous to the above described land and owned or claimed by Lessor_
I. It is agreed that this lease shall remain in force for atom of five(5) years front ibis date and as long thereafter as oil or gas of whatsoever nature or
kind is produced nom said leased p s i r on acreage pooled therewith ,r drilling p I J as hereinafter provided If,at the expo:Uponf the
primary termI this lease. l or F:is not being prodoced on the leasedp acreagepooled therewith ltls h engaged in drilling ore-working
operations thereon,then this shall continue force so long as operations are herog continuously prosecuted on the leased premises or n acreage pooled
therewith and operations shall considered t ncontinuouslyp - t d r t tit hundred twenty(I n)dabs shall elapse between the completion or
abandonment f one well and the beginning of l :for the drilling l a subsequent welle If atter do:emery of oil or gas on said land or on amagc led
therewith.the produaion thereof should cease from trom any cause atter the primary term,this lease h 11 terminate tif essee simunences additional drill ng or re-
working operations withinhundred t (120)Rom datef f p d t front datetit omplehon ofd hole If od or gs shall be disc veredand
produced as a nil oLsuch operationsI or oilerthe 1 r of the plmaq'term of this lease.this lease shall continue in force so long as oil or gas is produced
tram the leased premises e per.lca therewith
2 This is a PAtr i4SFIn sol-rat o o of the down cash payment l essor aries.111,I e. c ShoI1 not he nhlwAted.extent as otherse Ise nms dud herein to
commence
any operations duringthe primary tern Lessee mas at any tiTTle or tunes during or atter the primary term surreml,this lease sto all are
portion fsaid land and as to tiny.tam or straiten by delivering tsi Lessor or by riling for recorda release are releases and he relieved of all obligation thereafter
ae sg as to the acreage surrendered.
3�In consideration err the premises the said Lessee covenants and agrees
In To deliver to the credo of Lessor.free of cost oh the pipe line to which Lessee may connect wells on scud land the equal one-eighth(I r8)part of all oil
produced and saved from the leased premises.
2nd To pay Lessorone-eighth(N8)4 th gross proceeds each year.pybl quarterly,for the gas from each well where gas only is found.while the same is
being used olYd premises, d if iiseil- f of gasoline royalty of one-eighth(1 Rl,payable monthly at the prevailing k I for
r
3rd 1 pay xor for gas produced l n any oil welled l ollire premises a the manufacture of gasoline or y other p duo aro)alty of one-eighth
(1,8)nl the proceeds,at the mouth of the well.payable mom Ng at the prevailing market rate 4 Where g: -mon a well capable ntp l gnas is riot sold or used,Lessee may dely or tender —Iin ilie soyaltv owners One Dollar pr net royally
acre n der, -I payment or tender F beforethe date t g n n p iN I from the date
Sted -0 .-:I ithereafterbefore dale of this lease during the pe ,d sa_hwell is shot in If Nish pasment nr tender . sal-twnhe
considered that gars lacing produced within the ring of the lease
5. Ifsaid l-.oil owns a lessinterest ei Hitt chore described l nd than the entire and undividedre pl-estate therein_the the y ltes(nchdng any shutrn gas
royalty)herein provided or shall he paid the Lessor mils in rile propose,which its:. merest Fears to the whole and u,d ded tee.
Le,see shall have the right to use,free ol cost gas nil and slater produced on said land for Lessees riper:mon thereon.except water from the wells of Lessor.
7 Vi hen q .idly I essor,Lessee shall bury pipe line below plow depth
t. No well hall he drilled neamr than 2110 feet to the ho se nt barn w on said p withoutwritten' consent oft essor
9_Lessee shall pay for damages caused by Lessees opwdions to growingncrops on said land
10 lxssee stilt have the righty t to lI maclunery andl xitures placed on Nuilpincludingel ight t draw and remoye casing
I Theight:of Lessor andt.rsee hereunder giav beas.erd in whole or pat No change/ownershrpnf Lessor interest thy assignment or°Merv:seishall be
bugling on Lessee until lessee has been turnishad with nonce,consisting of sertrfied copies of all recorded inslinments or documents and other information necessary
to establish a complete chain of record lige lions lessor and then only with respect to payments therealler made. No other kind of notice whether actual or
conwnictive,shallh binding on Lessee No present or fthure division ofl rap as to dineret',onions or parcels ofsaid land shall operate to enlarge
the obligations et drimnish the rights of I esseg and all lessee operations map be conducted without regard to any such Alion. If all or any part of this lease is
assigned.no leasehold owner shall he liable for any act or of any other leasehold owner
12 Lessee. I its option is herebygiven die rightand power at any lime and from tune to tune a,a resorting right,either before lter prmluo on as to all or any
part of the landdescribed h d as ans one or more otd formations h d io pool o t',the leasehold estat and the tate covered by this
lease with other land lease or lea:es n the immediate sic (rev f a e production of oil and gasseparately for the production ction of either.whenin Lessees judgment
it is necessary or advisableto do so,and irrespective of whether allEhOlity . ex
ists t. with .p a to such Other land.le . leases Likewise,un is
previously formed to include formations not producing s l or gas.may be reformed to eycl de such non producing formations The forming or reforming of any unit
shall be accomplished by I awl d f l g 1 record a deelaration of' fi tinpuzation or reformation which declaration shall describe the Nina My unit
may include land uponuh Is well has theretofore been completed or upon which operations for drilling have theretofore Fern commenced Production drilling or
re-winkale overarm.,or a well shutin for wa L of a marker ken a whore r.t a lr,t Which on:lodes an or of this lease shall be notated as if it were nods d ton
drilling,or re-worlong operations or a well:I t in tor want of a marOtit1 this pease In lieu of the ioyaltiese -e speerliNt. i gshtnon gas
saesLessor shall receise on production ham the a n t so i led royalties only on the portion such ch production n allocated ll o this lease.such allocation shall he
that propan mit of we lint prodnrtiorr that the total number rd surface acres covered by this lease and included in 11w mitt hears to the mid ,number of surthce amo.in
sash and dot n 10 tit foregoing,Iess have the right to un fees pool,or combine all or any put of the above deaaihed lands as to one or f the
formations thereunder with other lands in Ow same general area by ate g IMO a cooperatc. unit plan of deselonnent or operation approsed by any
governmental authority and-from time to nova with like approval,to modify, change or terminate.any such plan or.agreement and. in such event, the tents.
condttions and pruvicions of this pease shall he deemed modified to conform to the temw,',mutinous-and prosisions of such approved cooperative or unit plan of
development hr operation and-pangularly.all drilling and development ryi I. f this lease. c implied,shall he Fe satofted by compliance with the
drilling and development requirements of such pion or agreement,and this f.se shall nott nat 1 during the!lib of such plan or agreemon. In the evert
that said above described lands ny pan thereof shall hereafter he operated under any such cooperritve or unit plan of development or operation wbeiebu the
production therefrom is allocated to dilleran portions of the land covered ha said plan,than the production allocated to any particular tract of land shall.for the
purpose of computing the rov.alties to lie paid hereunder to Lessor,he regarded as taco,g been pusluccd from the pool cii tar tract of land to iihich d is allocated and
not to any other tract of land and the royalty pennons to he node hereunder to I,raw,'shall he based upon production mils as so allocated_ I.essor shall formally
express 1comma to peraiise or tout plait el development or operation adopted by l es rid approved h,any governmental agency by executing the
same upon reeucsl el essce
13 -MI express or ingilled covenants ofl shall be hta le allfl -I andSlate laws I xecutive deisRle. Regulations.andth lease shall not Fe
terminated,in while or in pad nor Lesse hddfalle indaaage.for failure to c mly therewith_if compliance spresented by', r if s h fail ere is the rrs'uhn ofd any
such Iaw.Onto,Ride or Regulation.
11111111111 HIV 110111111'HUE III Ina lilt
2803473 10/30/2000 03:57P JA Suki Tsukamoto
1 of 2 ft 10.00 0 0.00 Weld County CO
la Lessor hereby smrrranls and agrees to defend th. in the lands herein descri had and.agrees ilmt the I ess izll line the right at any time to rdeetn for
to-user.by pap t ans mortRages rases or oilier hers on the:thous deseribed lands.in the even of def It l payment 1 y'essor and he suhrogaled to the rights of
th
e e holder ihersot and l:sser hei etis"agrees that env such p s ens made by l essee tor Ole I essor mas be deducted Gam any amounts nt stoney ulna may become
L due time essor d of h 3 he termst lease. The undersigned Lessors lor 91,11,CrN es and Weir heirs MICLen,o, and assigns-Tetchy sunsndrr and release all right of
dower and h-.inesiead rIhe premises dessrined b Isar as said right t dwei and hianeeed may r,nay alleyt the purposes In ishish Om lease is made
wreseed herein.
It.Should any o of the parties hereinahove named as Iessur fad m e. cute this I case.it shall nevertheless he binding upon all such parries wlm do
e secure it as Lessor`The word"Lessor',as used in this lease.shall mean ails one 01 more or all of the parties,rho execute this lease as Lessor. All the provisions el
-- this lease shall be binding on the hens,successors and assigns or Lessor and Lessee
IN WITNESS WI IEREOF,this instrument is exeeanel as of the date Cu l Rinse written.
////lca-11. �.j
21 The)
A. Joyce - rte Warren W. aver
saaas IDS 537-11-9358
S'AIEof Washington ACKNOWI.EDGF.NENT-INDIVIDUAL.
COUNTY of '1 /n //
(BEFORE ME,the undersigned,a Notary Public.,in and for said County and Stair.on this 5 day of ?di ,200 1) ,
personally appeared A.Joyce Carter and Warren W.Caner, wife and husband
to me known to be the
identical pemon S desscnhed in and who esacutd We within and foregoinginstnimcnt of writing andacknossledged home oat 1 he V duly executed
same as their free and♦olnntary act and deed for the uses and purposes therein set fonh and in the capacity stated therein.
IN WI I NESS WI IER EOF.I have heieumo set my hand and alPced my nolanal seal the day and year last above u'ntten.
S1v Commission
Dsryres. 7 / -
iEREs`ra, l)IdctACC— Z £-
�P. "5111N '
.
• '• LI11 Addre /7Notary PublicK
k- a._� '7(72.•✓
F.♦o• 9rt .f ryLA
''UDLII.OF A
SO
WHEN RECORDED RETURN TO:
PRIMA OIL&GAS COMPANY
1801 BROADWAY,SUITE 500
DENVER,CO 80202-3833
111111111111111111 IIII 111111 IIII 111111 1II 11111 1111 1il1
2803473 10/30/2000 03:57P JA Suki Tsukamoto
2 of 2 II 10.00 0 0.00 Weld County CO
C
111111 IIIII 1111111 �' ';111 III 1111111 III IIIII IIII IIII
2806566 11/14/2006 09:34A JA Suki Tsukamoto
1 of 1 R 5.00 D 0.00 Weld County CO
CORRECTION OF DESCRIPTION OF LEASE
WHEREAS, we the undersigned, as the Lessors, did under the date of August 11,
2000, make and execute unto Prima Oil & Gas Company, as Lessee, our certain oil and
gas lease, covering the certain lands owned by us, situated in Weld County, Colorado, and
described in said lease as follows, to Twit:
Township 6 North, Range 67 West, 6'" P.M.
Section 34- S/2N/2, S/2SW/4, W/2SE/4 less and except those certain tracts more
particularly described in Book 995 at Page 163 and Book 995 at Page 165.
containing 319.40 acres more or less
AND WHEREAS, said description is incomplete and indefinite, and the iands
intended to be covered by said lease are more accurately described as follows, to-wit:
Township 6 North, Range 67 West, 6'h P.M.
Section 34: S/2N/2, S/2SW/4, W/2SE/4 less and except those certain tracts
more particularly described in Book 995 at Page 163 and Book 995 at Page
165.
Containing 319.70 acres more or less
in said County and State.
NOW, THEREFORE, in consideration of the premises, and for the purpose of
making the said lease more definite and certain in respect to the identity of the lands
intended to be covered thereby, we do hereby declare that it was and is our intention to
lease for oil and gas purposes the identical tract of land last above described; and we
hereby amend said lease in respect to the description of the lands included therein. as
aforesaid, and ratify and adopt the same as so amended.
WITNESS our hands and seals this ,31,-day of t C iMibc.r , 2000. •
Peg Pitsenbarger 9 pout M. Pitse v barger
STATE OF er.,)tl.rr,v::..
ss
COUNTY OF Da'j'4 C . ..(L
The foregoing instrument was acknowledged before me this Y" day of
0C+0,02✓ , 2000, by Peggy E. Pitsenbarger and Paul M. Pitsenbarger, wife and
husband.
My Commission Expires
) 0ts13 L_-43- na.,.-,�.:,
Notary Public
Address: E! CA,vnnN
7-4a,inrr‘n (jiltLi Hs c VeJo
""`,•
DELMA LOMM°
a ti. rm1C0MM Fteuc-CeUF9RMA 9
PRODUCERS Ii.PAII)III`
Rev.5-60.No Sasso)
OIL AND GAS LEASE
'T -7L]
AGREEMENT.Made and entered into the 29th day of June ,200 0 ,by and between
Peggy E.Pilscnbarger and Paul M.Pitsenbarger, wife and husband
whose address is
2725 Diericx Drive.Mountain View,CA 94040 .hereinafter called Lessor(whether one or mare)and
Prima Oil&Gas Company whose address is 1801 Broadway.Suite 500,Denver,CO 80202
hereinafter called lessee:
W ITNESSETII.That the 1 essor,for and in consideration of TEN AND MORE I SI 0 00 4 1 DOLLARS cash in hand paid the receipt and sufficiency are
hereby acknowledged,and the covenants and agreements hereinafter contained has granted,demised-leased and In and by these presents does grant,demise,lease
and let exclusis els'unto the said Lessee,the land hereinafter described.withthe excl'mise r,glit for the purpose of mining,exploring by geophysical and other
methods,and operating for and producing therefrom oil.ga.,casinghead gas,and other liquid and gaseous hydrocarbon,and all constituents of gas,including inert
constituents such as,but not limited to,lid tom.and all other minerals or sithannces,whether similar or dissimilar.that may he produced from any well drilled under
the terms of this lease,with rights of wan and easements Ide laying pipe lines and servicing or drilling other wells in the vicinity of said lands,and erection of
structures thereon to produce,save and take care of said products,all that eenain tract of land together snlh env reversionary,remaindennen and executory rights
therein,situated in
Weld Fount, Colorado ,described as follows,to-wit:
Township 6 North,Range 67 West,C"P.M.
Section 34: S/2N/2, S/2SW/4, W/2SE/4 less and ascent(hose certain tracts more particularly described in Book 995 at Page
163 and Book 995 al Page 165.
and containing 319 411 acres-mote or less,together with all strips or panels(Plaint(not.however,to be construed 10 include panels comprising a
regular 40-acre gal suhdrusion mlot of aptnoximatels corresponding size)adjoining or contiguous to'th above described land and owned or claimed by lessor.
I. it is agreed that his lease shall remain to force for a term of five(5) years from this due and as long thereafter as oil or gas of whatsoever nature or
kind is produced from said leased pre acreage pooled therewith,or drilling operations are ied as hereinafter provided. If,at the expiation of the
primary term of this lease.oil err gas Is nowt being produced on the leased premises oron acreage pooled then:wlth her Lessee is then engaged in drilling or reworking
operations thereon then this lease shall continue in force so long as operations are being continionislv prosecuted on the leased premises c cage pooled
therewith. and operations shall lie considered h,he c,ntlnunusly prosecuted if not more than one hundred t y(I 20)days shall elapse betw n the completion
abandonment of one well and the be5,meing of operations for the drilling of a subsequent well. If alter d iscovery of oil or gas on said land or on acreage pooled
therewith,the production thereof should cease limn any cause after the primary term,this least shill not rote if Lessee c additional drilling o
re-
working operations within one hundred twenty 1211?ao,n date of cessation of plodunmo in Font date of oonpIrthen of dry hole If dl or gas shall he discoveredrand
pr
produce)as a ere sins ores or operations ceage at or daltertherewith
expiration of the primary Icrnt nl Ihls bane,tlrix lease shall continue in farce so long as oil or gas is produced
from the leased pre a pooled limrewdb.
sus,com ,s,a, h .-ry ,pe d'e'tssd e. slnl_or an
hen I ny de rd.egtl pl by dltvenor by turn rd age all a reeas ales ved this ob:easln all o any
piston of said e a and as to a rata or stratum by delivering to Lessee essor or by filing Lrr record a release or releases,and beurel�eyeJ of all obligation thereafter
e In consideration
to raeavengespree ices d
th
ad. In 1s.Tordeonofowercredit the said Lessee cod, 'i tand agrees.
ld- deliver lo the credit of emises free of cost in the pipe line to which Lessee may emend wits on said land.the equal one-eighth PIg)part of all oil
Produced and saved pay from Lessortheo leased p (I'SIs-
1nd- Toft hey emise.one-eighth of the,pins to of proceeds each year,ltv stpayable euaghrly(for the gas e hy well where gas only is found.t wgas.the snore is
tieing used To the premises-and sf used in the maany oil w ll gasoline ee a oil
the p of pumices
or in
h eta payable monthly at the prevailing other
market rate for gas.
l, To pay Lessor for gas produced he se clop any ml monthly
ly and used ref ahe'anases or in the mauunevmr orgmmrnz or any other pmdue a royalty of one-eighth
(1/R)of the proceeds,fsellmoth ofprduc. gpayable loo sold err the pre,,t,essegmarket rate
4 ueta,egas lionat,s'eHeamr ofrvr tender gas b solar before
Lessee,aeyary orr tender aseaselpbra ensro,aft owners expiration One
of per year yper net a date
acre retained but in and suce payment or tender a an madeear or or
l i the anniversary the
slate of Ike lease en is
ensuinghi in,Flu the paymen o I de days Gnm the date
h
such well t sit and being
produced
ed or bcfidro the anniversary of ry date e.Liens lease during the period such wen n sow m If such payment or tender is made,n will he
considered the gas w namess interest within the meaning err this lease
5. If said herein
pr vide a less interest in the above r only in Len proportion
the entire and sor''i inter fee strophe have e and-undo the royalties(including any shut-in gas
royalty)eershal hire the
rsha Fe ,paid the thecost.,onlyn pateemmnwhich Lasnani for Lebeer.o he wholeand,except dfez.
r 7. Leh eequllted by
right to re.free of
urvLth oil and wvereists pWo said lane for ttiszis opommn Jmrhony excel water nom the wells of Lessor.
7. No w well
requested dy l edser, er than
shall feet
lose,s pipe line allow'plow depth
9. Le eelshaft he '.cabs thv Lessto aasubousom tamp said onpremisesdndehnm written mnune of Lessor
now on
9. Lase 1111 e edamagesnIFvrr v p oland.
II Leese t ll of
aor right e 'emu a all eaahn ♦wh a orres part. chaned on said change
om..cincluding lhe/nnlmdnw ss,gamover otherwise)
f erg
II The on
Lessee
Lessor lessee hereunderfurnished
may lienotice.
assigned in sting or part. No pies"I in ownership tit ueaenis interest seer(by sand ether or oration necessary he
hnJmgos Lacs pot lessee has been e tale frouadrn consisting certified copiespaalleels I'rh the or ci ommrnwndditnorce,whethe
co establish a humph¢ dingo of record ode from I
'tr RIlurednthrn only with respect rn ownership
to d tf rent o made. Na other ls kind of notice,whether actual enlarge
or
m obligations
snort he binding or Lessee No present,an eats a allusion of Lassoes renducte as to different portions or parcels of said land shall y operateft to lease is
the gne ,no le s hill ownrthe rights hs liable Ior,and all Lessees operations may he ehold own without regard to any such division If all or any pan of this lease is
- Led no leasehold owner shall he liable rd.r any act o s of ot,,tsoIo I'me
per
art of the
at its scribed is hereby div t the riots and power m any time and from nee to pre or au huge the right,either before after mineral
ate o to call o any
pan,with land described
and,l e s herein and as f,any one or nicety for formationsroproduction
m gasl or epa at the or leasehold ducus and the er,who.in covered by this
lease eieh other land,a,l leas or bases in the immediate vef for the thodovsim of oil and gas. separately car the snot
other land.od either,when se Lessee's isegment
p rs hnclud 1 m n, s dn lnea p c erg tl whethero0 rim s nil r tl iucs witeo pen m•nth orons forme g r sesredo Likewise. not
s sac formed h J g l reformed 1 : -M1 1 l g formations The forming des or reforming 1 y unit
may
he ode land accomplished h I d t ngand filing nrecord
mp n d or n of ic reform ehch declaration shall deedmPe Inc ion, Any gel
re.w include pod noon or a w a well has or want
aero eet anyw er upon which winch
unitization
drilling have theretofore been commenced R e led Production,l drilling or
re-working operations tot m for w t e' sate _ ea ham h this c g pw gµ
drilling,or re-working operationsIlan Ie - t ooa ed royalties
oeundau In f It 'Ira elsewhere herein mlSgshut-in shall
royalties. of hall recce r m production Gal the unit poled acres o e ed by the pease e d clued production allocated m this l Jr allocation shall be
sutproportiondf men ocheproductionk the total number e: e covered combine o rJl abovedscnhe anl b f: r(anesI' e
unit. In withel nds s h:ameenught re,i inter,gcoaivll e mutts plan e a development
lands as to one ormdmyf the
formgovernaes ai thereunder wind ocher tints o tin'e s a general r r by core hug into g cooperative or mm plan of or aprem ee or operation event, h by any
goy enrol authority and. NsfromI time a time,with like odpped to rm tj-, change or itednwm a such plan or suchement and,osuchcooperative
event,the limo,
conditions l pop of this lease shall be deemed modified to conform to the test mthase.sexpress
pro of such approved ed by comp or cent plan e
development operation d e nt e 1 alldrilling' d development yu shall
I. I r t p pl J .shell u satisfied or agreement
compliance with the
antis id d d - p e e ,I such re- .agreement,t and this tolease sl le t terminate expire during the df VelO plan or r op operation
In the event
prthat said above described lands fen thereof slut!, the laws he operated a _ such eonsent ye or unit plan 1 J pdopur ror at o laid all, the
purpodmn therefrom n is allocated lo different hereunder
n ore Isor,covered h said wing teen the paced fr mm allocated to any particular of an ton of land shall,c d the
purpose y other
ac she nwarnds to he o paid payments to he lessor,he regarded as having been hehas:d from the particular or tract no land tod.which it is alloMARI rd and
not x to any other tract of t a n:roo pe alsre o payments m he el made ent or ope to do Lessor pled y bossed anon production only as so alien l Lessor shelltangthe
carnally
express lessors.-ontem to env cooperative or and plan of development or operation adopted nv lessee and approved by any governmental agency by executing t
same upon request dt Lessee.
IJ.All cypress implied t. t this shall he subject g t all Federal and State Laws Executive Orders.R Regulations,and this lease shall not be
terminated lwb,le or et part nor lessee held battle damages.la failure to:a:amply eherewth econlle a s pre ented by,or if such failure is the result of,any
such taw,(bier,Rule or ReceJanion. 110111 III(!IIUH 1111 DIII Ill!1II'1IIII11111 IIII II I
21103474 101111/^enn 03'r7P ,in 4nIi T4BHllq Oln
14.Lessor hereby warrants rind agrees to defend the title to the lands herein described and agrees drat the Lessee shall have the right at any time to redeem for
Lessor.by pa5anenk any mortgages,uses or oilier bens on the above described lands,in the event of default of payment by Lessor and be subrog4 ed to the rights of
we holder thereof andLss b thatpayments de by Lessee for the Inssor may be deductedfrom any amounts of money which may become
due the Lessor under the tens of this tease. The undersigned Lessors,for theroselyes and their heirs,SLICCCSSOrSand assigns,hereby surrender and release all right of
dower and homestead in the premises described herein.insofar as said right of dower wit homestead may io airy way affect the purposes for which this lease is made,
as recited herein.
15.Should any one or more of the parties h hnamed as 1.essor fad to execute this Lease,it shall nevertheless be binding upon all such parties who do
execute it as'essor. the word"Lessor",as used la this lease,shall mean any more or all f the parties who execute this lease as Lessor. All the provisions of
this lease shall he binding on the heirs,successors and assigns of Lessor and Lessee`n
IN WITNESS WHEREOF,this antruinent is executed as of the date first above mite,
1 g Zia
hM Pt st �nbvg r
Peggy E.Y'lsenb.0 er
SS7ax IDk 521-38-1730
STATE of Califomia ACKNOWLEDGEMENT-INDIVIDUAL
COUNTY of �tl'1�CE 'IGYCLL-
BEFORE ME,the undersigned,a Notary Public,in and for said County and Stale,on this day of )Uty. ,200 0 ,
personally appeared Peggy E.Pitsenbarger and Paul M.Pilseabarger, wife and husband
-- ,In me known to be the
identical person S ,described in and who executed the within and foregoing instrument of sort tog arid acknowledged io me that 1 he v duly executed
same as 'heir Gee and voluntary aet and deed for the uses and purposes therein set forth and in the capacity stated therein.
IN WON[55 IV FIER LOP,I Lave hereunto set ins hand and affixed my notarial seal the day and yew last tbove written_
My Commission fait Cf Ct
Expires:
Lt:--rile Vra_ Cc.}.vr- .�-t4
Noon,,Public.
10.44r-
Address: ,,:b- t1 Qt.m.o. iCktme 10.44`
_t-M. ,//a&,,o (/1 94CVU
Iretababatgeg
IL. 'AWN'-: CC0mm.•12MA 45223 le
•.4 1•'. .• NOTARY PUBDCCALIF0 MA 9
vioL gar RA crid
,2002.1
WHEN RECORDED RETURN TO:
PRIMA OIL&GAS COMPANY
1801 BROADWAY,SUITE 500
DENVER,CO 80202-3833
1 10111 11111 1111111 illl llllll1111111111III 111111111 1111
2803474 10130/2000 03:57P JR Suki Tsukamoto
2 of 2 R 10.00 0 0.00 Weld County CO
Q
('I
CERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICE
COUNTY OF WELD
The 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
Wl/2 26-6-67;the E1/2SE1/4,the E1/2NE1/4 and the EI/2W1/2NE1/4 of Section 27;the E1/2SE1/4,the
NE 1/4NE 1/4,the S1/2 of the N1/2, and the S1/2 of Section 34 EXCEPT the N 1/2NW 1/4 and N 1/2 S W 1/4 ;
and the N1/2NW 1/4 of Section 35, all in Township 6 North, Range 67 West of the 6th P.M., County of Weld,
State of Colorado.
CONVEYANCES(If none appear, so state):
Reception No. 1529333 Book 607
Reception No. 1529338 Book 607
Reception No. 1540953 Book 619
Reception No. 1541299 Book 619
Reception No. 1547170 Book 625
Reception No. 1632140 Book 710
Reception No. 2208865 Book 1259
Reception No. 2208866 Book 1259
Reception No. 2346661 Book 1398
Reception No. 2440900 Book 1494
Reception No. 2440899 Book 1494
Reception No. Book
The certificate is made for the use and benefit of the Department of Planning Services of Weld County,
Colorado.
This certificate is not to be constructed as and Abstract of Title nor and opinion of Title,nor a guarantee Title
and the liability of Transnation Title Insurance Company, is hereby limited to the fee paid for this Certificate.
In Witness Whereof,Transnation Title Insurance Company,has caused this certificate to be signed by its
proper officer this 11th day of February, 2004, at 7:00 am.
TRANSNATION TITLE INSURANCE COMPANY
Order No. 8072937
_ ,
By: 6G] .711-6'24-7--,
Author' Signature
(Eastman Kodak)
e t �.xti .rx3 -•e R^'- n'kw� - swe'{(n ar�n
t . :40,e-w"' . .. . .. rn i w r os 3 .I t zA a Nt
WW
says. R Yi- P[
'Inc, Nn. _1.3.2”.:!33 - .. ..I.
' iii-\f"-
WARRANTY DEED
c-- The Great Western Sugar Company, a Delaware corpora-
;n tion, whose principal office address is 1530 - 16th Street,
^'1 ;
L O
0' Denver, Colorado, Grantor, for the consideration of Ten DollarsIp r o
iv
H ($10.00) and other good and valuable considerations in hand U ay{
NO a-1
c
paid, hereby sells and conveys to Eastman Kodak Company, a c, oo
c` Ne.. Jersey corporation, Grantee, tt« llo,c ,:e rcal rte• S ' ..
the County of Weld, State of Colorado, to-wit:
Parcel A �h 4�
All of Sec. 28; the E'SE}; and the ELNE' of Sec. 29; 1H9.`lo
Ii!!:. the NEkNEk of Sec. 32; the NWt, the N NE'z, the
SWa?'E.', Wk:SE'; and the SEiSEz of Sec. 33, all in
_.c T. 6 N. , R. 67 W. of the 6th P.M. ,.
r,
Except that part of the E' of said Sec. 28 and
that part of the NELNEk of said Sec. 33 and that e8
part of the SE- SEA of said Sec. 33, all as described
In
In deed to The Northern Construction Company recorded r
in rook 271 at page 319; and
Except that part of the SE SE4 of said Sec. 33 ,4.,
described in Deed to Weld County recorded in Book 996 , ,
at page 620; and '
Except that part of the NE%NW4 of said Sec, 28
described in Deed to Toom of Windsor recorded in
"--- Book 1000 at page 53; and
Except that part of the SE-1/45E-1; of said Sec. 33, _
described in Deed to H. V. Cru:r.ly and Nt.ry Ruby Crumly `4 t;
recorded in Boot 1893 ;age 301, as corrected by o 44:;
deed recorded in Book 1594 at page 514; and N
o'
0
Except that part of the NEIL of said Sec. 29 described o
as Parcel No. 2 in Deed to County of Weld recorded " >nx
under Reception No. 1486952 in Book 565.
o, d?p
Pare_1 B m
N
The W' of Sec. 26 ; the ESE the E -NEL and the z
EzWL\E of Sec. 27; the ESE..; and t`e Yt -.:\E,. of
"
Sec. 34; and the N`5.1\1•71, of Sec. 35, :1l in T. 6 N. , —
--L....
R. 67 W. of the 6Ch P.M.
•I
i,..
.. __
44
iY 4fY
z
cz0,7 1529333
,k
Parcel C
@#.
A parcel of land in the NE' of Sec. 21, T. 6 N. , R. 67 4,..:-. '. d;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 tc the
plat thereof recorded in Book 3 of Maps at page 15 of the o.
records of the County of Weld, said corner also being f -c ' ''
located at the intersection of the east line of East -
Street with the south line of Locust Street of said Town; C
thence northerly along the east lire of East Street 866.61 �
feet to a nine marked h.. _ T—nn D;.. ..h:,.t, 12.S s�' brow ',As;
me°
southwesterly of, when measured at right angles to the "'
centerline of a railroad spur track; thence along said
`track southeasterly by the following bearings and dis-
tances, (said bearings being based on the bearing of the
original northerly property line of S. 70° 56 ' E.) ; .. k
S. 48° ;,8%' E. 267.50 feet to an Iron Pin; thence + -2,i
S. 4[f° [,0%' E. 99.98 feet to an Iron Pin; thence _
S. 48° 05' E. 100.00 feet to an Iron Pin; thence � }
it " 3:,
S. 52° [:.0' E. 100.92 feet to an Iron Pin; thence r' �i (' '
S. 57° 191' E. 99.83 feet to an Iron Pin; thence '
S. 63° L9' E. 99.94 feet to an Iron Pin; thence ». " 4,
S. 70° C5r E. 99.89 feet to an Iron Pin; thence s �
S. 70° 11' E. 100.02 feet to an Iron Pin; thence
S. 70° C2 ' E. 99.98 feet to an Iron Pin; thence a-`s
S. 68° 00' E. 100.00 feet to an Iron Pin at the v1'
west end of a reinforced concrete coal storage pit '
2.25 feet soerh of the northwest corner thc.-e.,f; "k�+ (,^*'
thence 5. 71° 14' E. 390.98 feet to an Iron Fin on i-v. ..0:,, ,.
the north edge of said coal pit; thence S. 81° 08%' ' "4,_ ;swy
E. 51.44 feet to an Iron Pin; thence S. 89° 51%' E. Y .'
99.96 feat to an Iron Pin; thence N. 89° 30' E. 99.94
4
feet to an Iron Pin; thence 5. 87° 42 ' E. 100.08 feet %••f i"`-
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 •.�y{{
marked b , an Iron Pin; thence S. 85" 04'1 ' W. 213.26
feet to point marked by an Iron Pin in an existing �t' * •
property lire fence; thence with said property line St''( '
fence 5. 81° 25L' W. iu.b0 teet to a point marked '4•A.7 •'`^ ";,
by an Ire❑ Pin; thence with said fence S. 59° 31%' W. E- . V:,
305.6 feat to an Iron Pin; thence S. 66° 311' W. § #n�. . #
345.92 feet to a point on the west side o_ the Lake '11'.. '5Supply Ditch; ..hence S. 46° 48 ' W. 432.17 feet along #
the north.•esterly bank of the said Lake s 'pply pitch lam x iv
to o point marked by an Iron Pin; thence I. 88° 37 ! t!W. along I corral fence 503.0 feet more ,r less, to .
the t ,n y
s line of East Street of said To:.t. of ?Jindsor; ,�« �zr..,„,«;,
_th along said east line of East Street 772
thence nc ('s•,^ 3aq
feet, mor , or less, to the point of beginning. erg da,,.a"- *+;.
Together .:ith all improvements located u; on said "'
Parcels :. B and C; *
2 ,.
.#sr
f
1�C fk ,
:1,
L 13 }
.1.15f,„.` :`
” e s.
c., %$+t a. g.k�. ..4,e, x R y n w+ (�ltv.`b 1. 1S 4,1:4,:z
Togs her with all of the Grantor's right, title and
interest in and to 53 shares of the capital stock of The "
Korn Reservoir and Ditch Company, 64 shares of the capi- 1-x't t JlF
tal stock of The Whitney Irrigation Company, 86 shares ":7:00.41
of the capital stock of The B. H. Eaton Ditch Company,
26 shares of the capital stock of The New Cache la
W
-) 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; Ili sg '
Together with all of the Grantor's right, title and 4•
... . . interest in and to the nmrtc coo:.,on ni«,.!, ..a
Consolidated Law Ditch;
Together with all of Grantor's right, title and
interest in and to all water and water rights employed
or usd 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- •
dented by contracts between the Grantor and said Con- - r
servar.cy District;
Together with all of the Grantor's right, title and
interest in and to any ditches, ditch rights, flumes, y „
canal and reservoirs appurtenant to or used in connec- t `'- ,t ,
tion with said Parcels B and C;
Subject to 1969 general taxes due and payable in 1970; . r fir'
•
Su:,JeLL, also, tL _caerv.ations, restrictions, excep- '.. r �,�,• '
tions and conditions of record, and zoning statutes,
ordinances or regulations of record;
Subject, also, to easements, rights-of-way and grants x b
for roids, railroads, power lines, telephone lines, rt
sewer lines, pipe lines, ditches and laterals, exist- r•
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; ° i }
with all its appurtenances and warrants the title to the same, e>
fF
subject to the foregoing, -ec?-:t that as to al' water, water I•04 O7 .1
"{^'-"s , ditch and reservoir rights, the Gran to' conveys only
its right, title and interest therein„ I
As a further consideration for the sxecution of
r:
this deed by the Grantor, and without which th s deed would •.°;�•a 'i^�mx
not hove been executed, the Grantee hereby cov- nants and agrees
, n
- 3 -
�''YYv33jj��..yy'� (p[��.
IL
�g C
reyk
H
...!4++Sr. „�iA.t -SLb n s M 1 , T S,' 'sr'A^ d• ``tK. +.
•
that for the period of 20 years from and after the date hereof ,4, 0
4
M r`
the Grantoe shell not use the real estate or improvements f.Vpsk,T'
tr III
hereby conveyed or any thereof for the manufacture, process-
"�ti _,,
ing, distribution or sale of refined sugar, molasses, beet `' ,'�', lxr.1:1pulp or any related beet sugar by-products and that this COtt>„ . "
II. ri ;
covenant shall be construed as a covenant running with the rb 'r;y,
land and shall inure to the benefit of the Grantor, its '
tt,ti .
successors and assigns, and shall be binding upon the Grantee,
its successors and assigns, and all persons, firms or corpora- �i.:<`,'�
r ,
m 1 ,
tions claiming b through or under them, or any of them, $; �'` 9 a
by, g ;.4'44 r.
Nothing herein shall prevent the Grantee from growing and ', �#
- ,Ir 'R'r• ?%
gelling suc.ar beets on said Parcels A, E and C.
rid Y
Signed this ] y of March, 1969.
p'
0"'n, THE GREAT WESTERN' SUGAR COMPANY h, 2'
�`•
Attg�st;• `'
a Sec;casa. President t
ti a.
'SEAL) -' . ,
STATE OF COLORADO ) e' '
) SS. " .t'
'ITY AND CO'.TNTY OF DENVER ) y
'1,-or e^The foregoing instrument was acknowledged before me
3
this --...;it day of March , ?PP^ 1� Robert R. Owen, as President, .„ 0,;
;Hrand Robert A. Wherry, as Secretary of The Great Western Sugar a�
Company, a Delaw-,re corporation. * ','
Fitness my hood and official se 1. ''S'f V.
My Commission expires 'My Cc„t^.scros , ;,fires May 3,195^ ₹=cy
4'i
J \� ;° mo k Sk
2 :( f� n 1 �Pk rot .k,
n r
r 1
L 441
:,�1�L) A. -ary Public 1r.
L
, K C
tea
_ .•:a$%
. b 1 .:t;;;py `C • .r s++t ? .,.e 2...`y+.iiiWit. •� a , a �y,
Li
,..� .i ROOK Reo.rded—__rnon4,...1`_.lau.1 at /7 — o'clock M. e'er
.` 607 y
ce.,don No. _ -•,S2$J�H , . -
e--I R .Y__... Al.D.1 SPOlrtin.., Recorder. ,
QUIT CLrlf ATM DEED _.. / _ ! '
vf.
O r,
71
1 0l in Breit, Mad. this �/ day of •March
I I. t
- in the year of our Lord one thousand nine hundred �`- �`
sixty—nine \l no: ,^r
P fl col]
between --JOHN E. `;✓EBER and ELEA\OR PAULINE WEBER-- i YYr '
t99 of the County of Weld , and the State of Colorado, of thi St •
N first part, and--EASTMAN KODAK COMPANY, a corporation oruanized and existing ,
tr1 under and by virtue of the laws of the State of New Jersey--
m+
er
ti, f
seed part; WITNESFETH, That the said part lead the first part, and for and in consideration of ,
t— the •..r:of l r"
.,,.,r.,' °� TEN and no/100 - -Dollars, e.:.
`" to the saidpart Ics +f the firstpart in hams paid o ii�c',aid
o P Y pa+f y of CIAO•cw++u pa+t, lire IC' MT'.
o ceipt :thereof is hereby confessed and acknowledged hashave remised, released sold conveyed and
QUIT CT Alilfnn e.,,+ t,,, tikeea ,.race..... Cl,- mise relesce. sell. convey and OLIT CLAIM 'c
.w..... ._._. a . .-7 ._ .... ...-.. .
rn unto the said pert y of the second part, ttJ i�we`:G'aussigrts forever,Ali the tight title,interest, - "'-" - a :'
ia claim and demand which the said parties of the first part ha ve in and to the following described ot ..t
NI real estate situate, lyirg and being in the County of WELD and State of Colorado, to-wit: ,
o- 4
s •The West -me-half of Section Twenty-six (W 1/2 of Sec. 26), ,
The East cne-half of the East one-half of Section Twenty-seven rT-,wsp,
a+E-d ,
(2 1/2 E 1!2 of Soc. 27), e,a .,,,_
G 7-9 74'
The East one-half o the Wart one-half of the Northeast Quarter St.+C
of Section Twenty—even (2 1/2 W 1/2 NE 1/4 of Section 27), .
Or '}
The Northr a st Quarter of the Northeast Quarter of Section Thirty-four,
the South one-half of the North one-half of Section Thirty-four, the -^
t
South one-half of Section Thirty-four (NE 1/4 NE 1/4 of Section 31, ,n a.
S 1/2 N 1/2 of Sec. 34, S 1/2 of Sec. 34), `I
Zr
Y .
` The North one-half of the Northwest Quarter of Section Thirty-five
(N 1/2 NW 1/4 of Sec. as), .vati :,
a.
all in "'owl ship 6 North, Range 67 West of the 6th P.M. I , tx' *
r a ;'
• I t ,.
7o Have and To Hold the same, together with all and singular the appurtenances end iteget thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title in- * T�+;LT
kC
terest and claim whatsoever, of the said part to of the first part,either in law or ��luu�i,t..YY, to the only
traproper use, benefit and I,ehoof of the said party of the second part, itJg)?t�tf°$nser`,uw'stgns forever. �* 4 ,
r
IN •
WITNESS WHEREOF, The said parties of the first part ha vehereunto seC1band s -- .C1t: J?_
and seals the day and tear first above written. c
Signed in the Presence of Fr 1C • r) '' <,,--- (Seal) a>.,
(yn C Weber)
co
,.. . o.
_ (( ( :,,
(L`leauor Pau in, Weber? o
(Seal) o
(Seal) O .t.st' ° OI•' t,ti '$'1D'1.
st as. The foregoing inrument vas acknowledged before me
9I.N 1,-9v 11,x,6 N
> o this �/ day of March , A. D. 19 69 , r
i cC, by JOHN E. WEBER EL.oi OR PAULIN: WEBER. V
Witness my Hand and Official Seal. ,S�n
My Commission Expires jY�-`N'�' �, /7,%�
- '- r Aodary Pub{vc.
.. 75,E
'R
r
door 619 /
5 C JJ/JJ��.M //,,1^^ `rye �
M .�eba._..1 �H 2 197p +`5
1540953 Mc,No_. Arrn ieu
WARRANTY DEED c°. - /
Agar
(Statutory Form) -I o- KNOW ALL MEN BY THESE PRESENTS:
n That George F. Kern and Company, a co-partnership of
' rn Weld County, Colorado (hereinafter referred to as "Seller") , for .....
o the consideration of Ten Dollars and other good and valuable
,n consideration in hand paid, hereby sells and conveys to Eastman {,'
ti Kodak Company, a New Jersey corporation, the local address of
a.
which is East Walnut Street, Windsor, Colorado, 80550, the fol- `+'
lowing real property situate in the County of Weld and State of
N Colorado, to-wit:
`aS
r NW 1/4, W 1/2 W 1/2 NE 1/4, SW 1/4 d
and W 1/2 SE 1/4 of Section 27, • A _
- - " Township 6 North, Range 67 West �y n
of the 6th P.M. zC
o 1ND 3
o and -
c•.:+ N 1/2 NW 1/4 and NW 1/4 NE 1/4 of E6
Section 34, Township 6 North, Range tn�,
— 67 West of the 6th P.M. ;
TOGETHER WITH all minerals and mineral rights owned i.
by Seller, ₹
TOGETHER WITH any and all water and water rights , ditches
and ditch rights, flumes, canals and reservoirs appurtenant or
relating thereto, including but not limited to 24 shares of stock .,
in The Whitney Irrigation Company and 15% of the stock of The Kern :-`s' =:
n Reservoir and Ditch Company (all hereinafter referred to as the
`; "water rights") ,
0
`-, AND TOGETHER WITH all its appurtenances and improve- '
x ments thereon, and warrants the title to the same; except any ^+ ',
and all assessments of any and all districts; except restrictions a
including liquor restrictions; except reservations now of record; o
It except easements and rights of way for highways, railroads, pipe- ,"-.; ' "":
liner; , ditches and utilities of record; except zoning ordinances
. and resolutions; and except general property taxes for 1969 and ^
subsequent years. Seller excludes the water rights from its ,I0
--_ warranty herein. .,.,
Until March 1, 1970, Seller reserves the right to posses- , : "�`
sion of the brick house and corrals now occupied by Mr. Jake Hoff- I
man. Until January 10, 1970, Seller reserves the right to possession •
of the frame house adjacent to the brick house now occupied by Mr. • -, :A
Jake Hoffman. As long as Seller is in possession of said houses
and corrals, it shall bear the risk of loss with respect thereto. '.$..`,
EXECUTED this Jnnugr ry� •
e. day day of i iiucr 19tIn
•
GEORGE F. KERN AND COMPANY,
.._. _ . . a co-partnership - - r
r
By 66:f , f
Partner
BY it/617'4 /' 7 t / Ta,6/Gc, P-
Partner M
By v, -D .-/::-/ r- _3 •Y5 --
--
Partner
• By it, i -
" Cl Partner
By c/n' e e -�J:„7,--'7,,r,'�.
Partner _
All of the partners of George F. Kern
and Company, a co-partnership
'!oar 619 154: 953 •
•
STATE OF COLORADO
, - ) ss. •
County of (N'&Jpp� )
The foregoing instrument was acknowledged before me 'I
49
this�� vZ"— day of Deeembrr, 194O, by auks W. _e
U'gn& W. Tta , icc1Lt Q. /ate
th4 t '//`"�'"& p,.,,, Gn42 .C. (.J0.-'FkL 4° , all as
partners of GeoP'ge F. Kern and Company, a co-partnership.
WITNESS my hand and official seal.
My commission expires: Mr CinSulenexpIros$ep:1 71,
\\�0TyA/1); . i Notary Pub -
+• P \\V o j
r .
fCr rn_
•
•
is
_2_
-- -
- �
619 j g 121970
R.card.d el -dire 4 u •
f.c N. 15412C0 Am Specter.A«adrrror EXEx d -
— I
en
o acor 619 G
r, M
l 5� inn ? is,Y
Retarded r__ __. locE .M _
Rec.No__ 1540953 Ann 5oa,mar,Rococo.
WARRANTY DEED c)- _ / "-
I (Statutory Form)
I
Q' KNOW ALL MEN BY THESE PRESENTS:
:^ That George F. Kern and Company, a co-partnership of
rn Weld County, Colorado (hereinafter referred to as "Seller"), for
co the consideration of Ten Dollars and other good and valuable
iCN consideration in hand paid, hereby sells and conveys to Eastman
r4 Kodak Company, a New Jersey corporation, the local address of
._-- �t Wilk: is ::..St uc;: s ices, ,liuUoul , oiosado, oil»G, the jut- _ ---
lowing real property situate in the County of Weld and State of
N Colorado, to-wit: _
r' NW 1/4, W 1/2 W 1/2 NE 1/4, SW 1/4 E
.
o and W 1/2 SE 1/4 of Section 27, - - --
„ Township 6 North, Range 67 West --
of the 6th P.M.=� and N N 1/2 NW 1/4 and NW 1/4 NE 1/4 of!_ Section 34, Township 6 North, Range67 West of the 6th P.M.
TOGETHER WITH all minerals and mineral rights owned
by Seller,
— TOGETHER WITH any and all water and water rights, ditches
c, and ditch rights , flumes , canals and reservoirs appurtenant or
__..._ ''` relating thereto, including but not limited to 24 shares of stock --
in The Whitney. Irrigation Company and 15% of the stock of The Kern
\-r Reservoir and Ditch Company (all hereinafter referred to as the
'water rights"),
o
I co
AND TOGETHER WITH all its appurtenances and improve-
' ments thereon, and warrants the title to the same; except any m
and all assessments of any and all districts; except restrictions u ,.
including liquor restrictions; except reservations now of record; o
except easements and rights of way for highways, railroads , pipe- ^'.
'
0, lines , ditches and utilities of record; except zoning ordinances
and resolutions; and except general property taxes for 1969 and
subsequent years. Seller excludes the water rights from its
warranty herein. ,q-1
;,; Until March 1, 1970, Seller reserves the right to posses-
sion of the brick house and corrals now occupied by Mr. Jake Hoff- i
'^ man. Until January 10, 1970, Seller reserves the right to possession
of the frame house adjacent to the brick house now occupied by Mr. • -.
o Jake Hoffman. As long as Seller is in possession of said houses
c and corrals , it shall bear the risk of loss with respect thereto. -
EXECUTED this - rower ryry,E� •
a �� day of i ..I .y', 19th.
.. e
- GEORGE F. KERN AND COMPANY,
a co-partnership r
By ce. e , , 7/ h / o .
Partner o
By f .2/;r T�7efc� P .
Partner ti
i
By 5'-., ,.i-r,-/t-e .—-:S'' , -Ci'7-r.
Partner
By e Lt-,—. i\l e J ..
- 17 Partner
By C-4/.2, t et_ /�{KC? ; ,
Partner
47.1 of the partners of George F. Kern -
and Company, a co-partnership
361-k V-
s°cic 619 e°°6 619 1541299 1540953
STATE OF COLORADO
Rid'
ss.
County of !N'�-`
The foregoing instrument was acknowledged� before me
4+ye- this 2nd day of January, 1970, by CR/�4 eo W. ,✓+ei
a'a/A1/aw. C+n..rd T , 90A _ D. /mow
f�tt-rtF- ark, Cana K. Luc-Pea , all as
partners of GeoP'ge F. Kern and Company, a co-partnership.
•
WITNESS my hand and official seal.
�,� C� Nvi My commission expires: AU' anion expires See.t )97i,
Gt(OD(/JJ
\\QTt ry 7' '. ! Notary Pub
it
_ .. ISEslt]
r•
•
•
•
e (
a 2
vas 75 c.; ._..,.,..,G�..o� r.w A-. MA r L 4 WO
V�`, u•. ,.. -. j$47X oo IV Ann S ,lavM
_ ! DEED -
P
C 1970,
__ r' THIS DEED, made this 1st day of May --
r
r between EASTMAN KODAK COMPANY, a corporation duly organized and
Ln existing under and by virtue of the laws of the State of New
„`—'„ Jersey, of the first part, and TOWN OF WINDSOR, a municipal corpo-
ration, duly organized and existing under and by virtue of the
•
"' laws of the State of Colorado, of the second part;
n
N WITNESSETH, That the said party of the first part, for
• o and in consideration of the sum of Ten Dollars and other good and
C° valuable consideration, to the said party of the first part in
f° hand paid by the said party of the second part, the receipt where-
of is hereby ennfe.csed and acknowledged, has granted, bargained,
i2 sold and conveyed and by these presents does grant, bargain, sell,
convey and confirm unto the said party of the second part, its
t successors and assigns forever, all the following described lot
z or parcel of land, situate, lying and being in the County of Weld
and State of Colorado, to-wit:
A tract of land situated in the S 1/2 of Section 34,
Township 6 North, Range 67 West of the 6th P.M.,
being more particularly described as follows: -
Considering the South line of said Section 34 as
bearing S 84' 16' 32" W and with all bearings
contained herein relative thereto. Beginning at .• .
the S 1/4 Corner of said Section 34, said S 1/4
Corner 2" W, 438
3ng 1e.07point feet; thence N 0 ' 00
on10thence f
S840
1180.00 feet; thence S 90' 00' 00" E, 1890.53 feet;
thence S 00' 00' 00" W, 990.49 feet to a point on
the South line of said Section 34; thence S 84'
16' 32" W, and along said Section line 1461.93
feet to the point of beginning.
Together with all and singular the hereditaments and appurtenances
thereunto belonging, or in anywise appertaining, and the reversion
- and reversions, remainder and remainders, rents, issues and profits
thereof; and all the estate, right, title, interest, claim and
demand whatsoever, of the said party of the first part, either in
law or equity, of, in and to the above bargained premises, with the
hereditaments and appurtenances; TO HAVE AND TO HOLD the said ,
premises above bargained and described with the appurtenances, unto
the said party of the second part, its successors and assigns for- .
ever.
And the said party of the first part, for itself and
its successors covenants and agrees to and with the said party
of the second part, its successors and assigns, the above bar-
gained -
premises in the quiet and peaceable possession of the said
party of the second part, its successors and assigns against all _ _.
and every person or persons lawfully claiming or to claim the 1
whole or any part thereof, by, through, or under the said party
of the first part, to WARRANT AND FOREVER DEFEND, except the
general property taxes and any and all district assessments for
for 1970 and for subsequent years.IIII
-
3v
a
625 154/1/0
IN WITNESS WHEREOF, the said party of the first part
teas caused its corporate name to be hereunto subscribed by its -
irk' President,and its corporate seal to be hereunto affixed, -
attested by its Secretary, the day and year first
above written.
EASTMAN KODAK COMPANY,
_ _ $a New Jersey cor orat-iin,
r Z •��,� - v,cE President
A
Secretary
•
STATE OF NEW YORK )
) SS:
COUNTY OF MONROE )
The foregoing instrument was acknowledged before m
this / 1
1 day of 2/l , 1970, by /�/ii.vn,✓ C- A,oc.
. / (^/ as (/ire •p rr/i✓n n /
and .&/ _i,-/ {-. 575,/J/'ry/ as secre /4Ty
of Eastman Kodak Company, a New Jersey corporation.
WITNESS my hand and official seal.
My commission expires: 3- 3o- 9a �o�.4i�.soj.
g . r0 "8
A rm.. Nn..,4 y.M:Yr edict
(Notarial Seal) aCam,n..
pf
r 5`°`"nt.,,r;,ao,ion
•
11
s t stir u�}4 AL ,r, ?,. t4'e sy �st1 v tir 'r .
" .4.,,,,,;:i:••-•,-,
s„ ft+'n S• -wit; 'J Mtt ''• t.a e n 5 »w 4',} .t, ' C I ' . .. ..
;fl "i y ?I b J� 4ttr N _4:n+l.r _Vr..,:, r r�.,v.):..r ._J..j'ia:.._ ...
x. 17,-.3,„:44,..- .e. I Mtn..• oat r._+J.:
b Li r?'
_ K eclock.GL MAR 18 I J74
BOOK
a
,.
`t 5F i i?s. V• w^ Raepaded t tSHEHEEJR. Recordern. onNoZVM.N.i4o eecor a amPAWi\ ::oi:::;T:i:e:ii::it::;irT;:::s:eii;D::h:K :iti;,Lia;i:i:;:;EK ::; stamP
ria thbSeventh day of tla rchHARRYA. YELK and NELDA J, YELEKand Sfate o1Countyof WP. dr part. andEASTMANKODAKCOMPANYracoporation under end by virtue of the laws of the State ofoNwxed and c�irting e . _ Nw Jersey ,of these second part:
' ""' WITNF.?SETH,That the said part ifs of the first part,for and in consideration of the sum of I
I in Ten Dollars and other good and valuable consideration )D�ZER�
to the said parties of the first part in hand paid by the said party of the second put,the receipt whereof 1 `I
ha ve remised, released, sold, convoyed and QUIT CLAIMED, and by i'
l7 4 . O is serpre confessed and acknowledged,mie,release,
Ii
s7�i n these presents do remise,please,sell,convey and QUIT CLAIM unto the said party of the second part,its
successors and assigns forever,all the right,title,interest,claim and demand which the said part ies of the
i4 first part have In and to the following described real property and State of Colorado, to wit: ,
situate,lying and being in the County of Weld
Mi
' s
t 2 See Exhibit A attached hereto and made a part hereof; cµ
...,,/,!
, in (leak i
, N,.
J,•
i
i,,
,i 144
t
t 1 It
singular the appurtenances and privileges[hereunto
'Cif": TO HAVE AND TO e HOLD the same,together with all and ri pD
belonging or In anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever,of the
said part ie5 of the first part,either in law or equity,to the only proper use,benefit and behoof of the said party
of the second part its successors and assigns forever. qv
IN WITNESS WHEREOF,The said part ies of the first part ha ye hereunto set theirhand s
r' t and seal S the day and year first above written.
> 'Cr' Al " [SEAL]
1,419' A Signed.Sealed and Detiverad in the Presence of - HARRY A, YELEK w)61•,
[SEAL]2 fir ,
yr "•`;),..,13
i n Tin Lq / r .!., - v" [SEAL] ab
'" .• .. [SEAL] 1`,.
'y 14- STATE OF COLORADO, �ee.
Comity of Weld ''
- c1 J j'_ e
& .7_ day of ��1 G'1""v
[ }, The foregoing Instrument was acknowledged before me this
a,, 19 74. bye HARRY A. YELEK and NELDA J. YEhEK. ,,�,
{ c r `\My folpmbebn expires /n� 19 .Witness my hand and official seal. hJ
\ _ Air COMMISSION expires Nor.22;/197$[ (/ V1, )c At`
_ Notary Feij •rr er nary perms or persona hen tneert name ar vamrw:It br person scans In 7,Trr6 t/tbe or official ewen> ro as
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t tmmer m! in,rt ime o name or ing Il—stern[ne
$' per.�Jpn,m Inns nom three officer officers.u the v ]b t or rem me..pt.pen rPonunn.
F ` n eso2Mdp a LAAM Bur. 'F ii;;._...
Y No. ilL QUIT CLAM DEED TO CORPORATION.—areJr N JtUbhln Cu.rare scone Street.Drs Colorado. —a'rr
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EXHIBIT A 'y), ,.i r
CO
y
LS 43'4t.
r R' A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER (SW1/4) ''
t,$•'�' OF SECTION 34, TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE ,1
,rl SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO AND BEING ,,Y .
.r MORE PARTICULARLY DESCRIBED AS FOLLOWS:
a„ ING THE ,�y
- COMMENCING AT THE CENTER OF SECTION 34 AND CONSIDER '([
µ '
EAST LINE OF THE SOUTHWEST QUARTER (SW1/4) OF SAID SECTION
/
ly 34 TO HEAR SOUTH 1.0°38'34" EAST AND WITH ALL BEARINGS HERE-
'/I.,4 >.
IN BEING RELATIVE THERETO; " .';
+
I"`. THENCE SOUTH 10°39'34" FAST, ALONG THE EAST LINE OF SAID .`,Ihy
411 SOUTHWEST QUARTER (SW1/4) 1198.95 FEET TO THE TRUE POINT uj
•(, . OF BEGINNING; r
x ..114 THENCE CONTINUING SOUTH 10°38'34" EAST, ALONG THE EAST LINE
Is ''s OF SAID SOUTHWEST QUARTER (SW1/4) , 25.83 FEET TO THE SOUTH- x 4, .-
EAST CORNER (SECOR) OF THE NORTH HALF OF SAID SOUTHWEST "Y
tt QUARTER (N1/2SW1/4)
THENCE CONTINUING SOUTH 10°38'34" EAST, ALONG THE EAST LINE
OF THE SOUTHWEST QUARTER (SW1/4) OF SAID SECTION 34, 68.58
;qr. FEET; ': .n'4T 1
THENCE SOUTH 90°00'00" WEST, 222.35 FEET; 0, 44
„,t
1'7 THENCE SOUTH 00°00'00" EAST, 225.00 FEET, TO THE NORTH LINE ty� .y'.
'°r
TION NUMBER 1524122, RECORDED IN THE WELD
¢'2';; or THAT RECEP-
CERTAIN PARCEL OF LAND DESCRIBED IN BOOK 602, .
` °" COUNTY RECORDS. �,,
e "
5.. THENCE SOUR!! 90°00 CO ' WECT, 2683.99 FEET ALONG SAID NORTH sry�
LINE TO A POINT Ord THE EAST RIGHT OF WAY LINE OF COLORADO F�; r
>r I v�,�£TATF: HIGHWAY 257; Cf. 1.
THENCE ALONG SAID FAST RIGHT-OF-WAY LINE BY THE THREE FOLLONING
�. BEARINGS AND DISTANCE'S: .
NORTH 1.3° 20' 36' WEST, 180.50 FEET;
SOUTH 87° 08' 15" WEST, 4.26 FEET;
Wq, NORTH 13° 34' 40" WEST, 107.02 FEET TO A POINT
wt ON AN EXISTING PI'NCE; "•'
TFIRNCF. NORTH 88° 40' 39" EAST, ALONG, SAID EXISTING FENCE
2960.72 FEET TO THE TRUE POINT OF BEGINNING. ,
SAID TRACT OF LAND CONTAINS 19.90 ACRES. -
K
.♦) MP
�. t ` ! i
$ ;^.I
34 4I
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maa
---. r+F--T �..•'R-:^sY'a. `^_P. _ w+N‘PPtT`. }mil ^°:
H 1259 REC 022, .465 03/26/90 09:46 515.00 13
AR2208665 F 0613 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO
` C State Documentary Fee
SPECIAL WARRANTY DEED I DCte ‘5-42 (€.:10..•'•'
/504 *it.......•
THIS DEED, made and entered as of the 23rd day of March,
1990, between WINDSOR RESOURCE CORPORATION, a Colorado
corporation, the mailing address of which, for purposes of this
Deed, is 760 Whalers Way, Suite A200, Fort Collins, Colorado
80525 ("the Grantor") , and EASTMAN KODAK COMPANY, a New Jersey
Corporation, the mailing address of which, for purposes of this
Deed, is Windsor, Colorado 80551 ("the Grantee") .
)I WITNESSETH:
That the Grantor, for and in consideration of the sum of
Ten Dollars ($10.00) and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged,
has granted, bargained, sold, and conveyed, and by these
presents does hereby grant, bargain, sell, convey, and confirm
unto the Grantee, its successors and assigns, forever, all the
real property, together with improvements, if any, situate,
lying, and being in the County of Weld, State of Colorado, which
is described on Exhibit "A" attached hereto and incorporated
herein by reference ("the Property") .
TOGETHER WITH all and singular the hereditaments and
appurtenances thereto belonging, or in anywise appertaining, and
the reversion and reversions, remainder and remainders, rents,
issues, and profits thereof; and all the estate, title, title,
interest,, claim, and demand whatsoever of the Grantor, either in
law or equity, of, in, and to the Property, with the
hereditanents and appurtenances.
TO HAVE AND TO HOLD the Property with the appurtenances
unto the Grantee, its successors and assigns, forever. The
Grantor, for itself and its successors and assigns, does covenant
and agree that it shall and will warrant and forever defend the
Property in the quiet and peaceable possession of the Grantee,
its Successors and assigns, against all and every person or
persons claiming the whole or any part thereof, by, through, cr
under the Grantor, except and subject to the following: all
easements and rights-of-way in place or of record; all zoning and
other governmental rules and regulations; real property taxes for
1990 and all subsequent years; and existing leases or tenancies.
IN WITNESS WHEREOF, the Grantor has executed this Special
Warranty Deed on the date set forth above.
_ WINDSOR RESOURCE CORPORATION,
F ." T: _rtV,� a Colored oration
• M cn
a'?t, 171mothy • • H sler, CriE41Iarrason, President
n Assista:nt secretary
'sO O f'•' tii ;
�P lk•`.a, OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this
23rd day of March, 1990, by Craig Harrison, as President, and
Timothy W. Hasler, as Assistant Secretary, of WINDSOR RESOD
CORPORATION, a Colorado Corporation.
WITNESS my hand and official seal. r'•i`; •,. •�.,•AA
w
My commission expires: ) r / I D /96 6 : O P u
,, Q •;e
APIA
'/C. _. e �. A1 .•
Notary Public i
SKLD WW 10 . 199 . 51 . 65 WE 2208865-1990 . 001
•
B 1259 EEC 02208865 03/26/90 09:46 S15.00 2/003
F 0614 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO
EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE SPECIAL WARRANTY
DEED BETWEEN WINDSOR RESOURCE CORPORATION ("THE GRANTOR") AND
EASTMAN KODAK COMPANY ("THE GRANTEE")
'MGM, DESCRIPTION
OF THE`PROPERTY
Parcel 1 (Farm 43A) :
Lot A of Recorded Exemption No. 0807-26-4-RE455, being
the N1/2 of the SE1/4 of Section 26, Township 6 North,
Range 67 West of the 6th P.M., County of Weld, State of
Colorado.
(Street address: 31459 Weld County Road 23, Greeley,
Colorado)
TOGETHER WITH one (1) City of Greeley water tap.
phzr.01 2 [Farm 43B1 :
Lot S of Recorded Exemption No. 0807-26-4-RE455, being
the N1/2 of the SE1/4 of Section 26, Township 6 North,
Range 67 West of the 6th P.M., County of Weld, State of
Colorado.
(Vacant land, no street address assigned)
Rar!'el 3 (Farm 44) :
Lot A of Recorded Exemption No. 0807-26-4-RE1245,
recorded March 19, 1990, in Book 1258 as Reception
No. 02208245, being a part of the S1/2 of the SE1/4 of
Section 26, Township 6 North, Range 67 West of the
6th P.M., County of Weld, State of Colorado.
(Vacant land, no street address assigned)
parcel 4 (Farm 451:
Lots A and B of Recorded Exemption No. 0807-35-1-
RE1244, recorded March 19, 1990, in Book 1258 as
Reception No. 02208246, being the N1/2 of the NE1/4 of
Section 35, Township 6 North, Range 67 West of the
6th P.M. , County of Weld, State of Colorado.
(Street address: 30801 Weld County Road 23, Greeley,
Colorado)
TOGETHER WITH one (1) City of Greeley water tap.
Bagel 5 (Farm 46) :
Lot B of Recorded Exemption No. 0805-35-1-814475,
recorded January 21, 1981, in Book 925 as Reception
No. 1847470, and Lot B of Recorded Exemption
No. 0807-4-35-RE476, recorded January 21, 1981. in
Book 925 as Reception No. 1847472, all being a part of
the South 1/2 of the Northeast 1/4 and a part of the
North 1/2 of the Southeast 1/4 of Section 35 and that
portion of the North 1/2 of the Southwest 1/4 of
Section 36 lying West and South of Weld County Road 23
and North of the Cache La Poudre River, all in
Township 6 North, Range 67 Nest of the 6th P.M., County
of Weld, State of Colorado.
(Vacant land, no street address assigned)
- 2 -
SKLD WW 10 . 199 . 51 . 65 WE 2208865-1990 . 002
B 1259 RISC 02208865 03/26/90 09:46 615.00 3/003
F 0615 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
PAGE 2 TO EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE SPECIAL
WARRANTY DEED BETWEEN WINDSOR RESOURCE CORPORATION ("THE
GRANTOR") AND EASTMAN KODAK COMPANY ("THE GRANTEE")
LEGAL DESCRIPTION
OF THE PROPERTY
(Continued from Exhibit NAN)
glgel 6 (Farm 471:
A tract of land located in the W1/2 of Section 35,
Township 6 North, Range 67 West of the 6th P.M., being
more particularly described as follows:
Considering the West line of the NW1/4 of said
Section 35 as bearing North 00.24'01" West, and with
all bearings contained herein relative thereto:
Commencing at the Northwest corner of the S1/2 of the
NWl/4 of said Section 35, said corner also being the
TRUE POINT OF BEGINNING; thence North 89'35'58" East
2633.96 feet along the North line of the S1/2 of the
NW1,/4 of said Section 35 to an existing brass cap set
by Kodak which is the intersection of existing fence
lines; thence along a line approximating an existing
fence line, South 00'18'00" East, 1324.7'7 feet to a pin
representing the approximate angle point in the fence;
thence, continuing along said fence line, South
26'51'28" East, 1318.84 feet to the East line of the
SW1/4 of said Section 35; thence, along the said East
line, South 09.08'32" East, 1349.71 feet to the South
quarter corner of said Section 357 thence along the
South section line North 80'35'24" West, 2253.85 feet
to the Southwest corner of said Section 35; thence
North 29.51'36" West, 2446.94 feet to the West quarter
corner of said Section 35; thence along the said West
line of the NW1/4 North 00'24'01" West, 1324.92 feet to
the TRUE POINT OF BEGINNING.
(Street address: 30914 Highway 257, Windsor, Colorado)
TOGETHER WITH all wells and well rights, water and
water rights, ditches and ditch rights, reservoirs and
reservoir rights belonging or in anyway appertaining to
the above-described property, including, but not by way
of limitation, forty-six (46) shares of the capital
stock of The Whitney Irrigation Company.
- 3 -
SKLD WW 10 . 199 . 51 . 65 WE 2208865-1990 . 003
AR220a666 • B 1259 REC 02208866 03/26/90 09846 645.00 1/009
F 0616 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO
State Documentary Pea
SPECIAL WARRANTY DEED
THIS DEED, made and entered as of the Z 7.--"day of March,
1990, between EASTMAN KODAK COMPANY, a New Jersey Corporation,
the mailing address of which, for purposes of this Deed, is
Windsor, Colorado 80551 ("the Grantor") , and WINDSOR RESOURCE
CORPORATION, a Colorado Corporation, the mailing address of
which, :For purposes of this Deed, is 760 Whalers Way, Suite A200,
Fort Collins, Colorado 80525 ("the Grantee") .
D1= WI'VNESSETR:
That the Grantor, for and in consideration of the sum of
Ten Dollars ($10.00) and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged,
has granted, bargained, sold, and conveyed, and by these
presents does hereby grant, bargain, sell, convey, and confirm
unto the Grantee, its successors and assigns, forever, all the
real property, together with improvements, if any, situate,
lying, and being in the County of Weld, State of Colorado, which
is described on Exhibit "A" attached hereto and incorporated
herein by reference ("the Property").
TOGETHER WITH all and singular the hereditaments and
appurtenances thereto belonging, or in anywise appertaining, and
the reversion and reversions, remainder and remainders, rents,
issues, and profits thereof; and all the estate, title, title,
interest, claim, and demand whatsoever of the Grantor, either in
law or equity, of, in, and to the Property, with the
hereditaments and appurtenances.
TO HAVE AND TO HOLD the Property with the appurtenances
unto the Grantee, its successors and assigns, forever. The
Grantor, for itself and its successors and assigns, does covenant
and agree that it shall and will warrant and forever defend the
Property in the quiet and peaceable possession of the Grantee,
its successors and assigns, against all and every person or
persons claiming the whole or any part thereof, by, through, or
under the Grantor.
The Grantor and the Grantee hereby expressly acknowledge
that the Property is being conveyed free and clear of all liens
and encumbrances except and subject to all easements and
rights-of-way in place or of record; all zoning and other
governmental rules and regulations; real property taxes for 1990
and all subsequent years; and an existing agricultural lease
which expires on December 31, 1990.
Slant of Agricultural Easement". The Grantor hereby grants
and conveys unto the Grantee, its successors and assigns,
forever, a perpetual, non-exclusive road easement and
right-of-way over and across the existing roads which traverse
the parcel of real property described on Exhibit "B" attached
hereto and incorporated herein by reference ("the Retained
Parcel") and over and across any roads hereafter constructed on
the Retained Parcel (or which are substituted for same) . The
easement hereby conveyed shall be non-exclusive, thereby allowing
the Grantor, its successors and assigns, the right to use said
existing roads but not to the exclusion of the Grantee, its
successors and assigns. The easements hereby granted may be
utilized by the Grantee, its successors and assigns, only as
access easements in connection with farming or other agricultural
activities conducted on the Property. The Grantor, .its
successors and assigns, shall have the right, but not the
obligation, to maintain, repair, and rebuild the existing road or
roads (and any substitutes therefor) .
SKLD WW 10 . 199 . 51 . 65 WE 2208866-1990 . 001
B 1259 REC 02208866 03/26/90 09:46 545.00 2/009
• F 0617 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO
Restrictive Covenant - Heiaht Restriction. For a period of
twenty (20) years following the date of this Special Warranty
Deed, no buildings, structures, or other improvements of any kind
shall be constructed, erected, or installed on the easterly five
hundred feet (500') of the Property which exceed a height of
forty feet (40') . The foregoing restriction shall run with the
Property and shall be binding upon all parties having any right,
title, or interest in the Property, or any part thereof, and
shall inure to the benefit of the Grantor, its successors and
assigns, and to any subsequent owners of the real property which
is described on Exhibit "C" attached hereto and incorporated
herein by reference ("the Benefitted Property") . The Grantee, by
accepting the conveyance of the Property, agrees that the
foregoing restriction shall be binding upon the Grantee, its
successors and assigns, and any other party having any right,
title, or interest in the Property or any part thereof. The
Grantor, its successors and assigns, and any subsequent owners of
the Benefitted Property, shall have the right to enforce the
foregoing restriction by proceedings at law or in equity against
any person or persons violating such restriction.
IN WITNESS WHEREOF, the Grantor and the Grantee has executed
this Special warranty Deed on the date set forth above.
EASTMAN KODAK COMPANY,
ATTEST: a New Jersey Corporation
w , Asst. Secy.
thriF,ILA , vice Pres.
WINDSOR RESOURCE CORPORATION,
\�,; a Colorado Corporation
1 LI a :9 h ,Ct/t,� W, �...
O %se>TrmoStry:W. H sler, Ora , res dent
yo., R�'4ttant Secretary
%, 14614067
STATE OF NEW YORK )
SS.
COUNTY OF Moe rrc. )
The foregoing instrument was app)Knowledgedb afore me this
Z v day of March, 1990 by //,/, i.e.... .F -o,.,6L.. as
Vice President and7,,.,�, R��/„�>n� as Assistant
Secretary of EASTMAN KODAK COMPANY, a New Jersey Corporation.
WITNESS my hand and official seal.
My commission expires:
wefts,
thstis lime��16 fS,iii Notary Public I - J �• I•Yc
5 :t Cs
Vt.'s..., 9(N' ;; .
.'4ww,e
- 2 -
SKLD WW 10 . 199 . 51 . 65 WE 2208866-1990 . 002
•
E 1259 RFC 02208866 03/26/90 09:46 ,~'45.00 3/009
F 0618 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO
•
STATE OF COLORADO )
58.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this
.' rA day of March, 1990, by Craig Harrison, as President, and
Timothy W. Hasler, as Assistant Secretary, of WINDSOR RESOURCE
CORPORATION, a Colorado Corporation.
WITNESS my hand and official seal. ...... e`•.,,
my commission expires: / / .) i. q ' •.i • v CO• ^v
Notary Public •.
- 3 -
SKLD WW 10 . 199 . 51 . 65 WE 2208866-1990 . 003
• t
B 1259 REC 02208866 03/26/90 09:46 545.00 4/009
•
F 06'19 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
•
EXHIBIT A
2. Covering the Land in the State of Colorado, County of Weld.
Described as:
PARCEL 1 :
A parcel of land located in Sections 28 and 29, Township 6 North,
Range 67 west of the 6th P.M. , more particularly described as
follows:
COMMENCING at the Northwest corner of said Section 20, and
considering the North line of the Northwest Quarter of Section
28 to bear South 89' 36'20" East with all bearings contained herein
relative thereto;
thence South 34'07'42• East, 84.95 feet to a point on the South
right-of-way line of Weld County Road 66 as recorded in Book 924,
under Reception Number 1846035 of the records of Weld County, said
point being the TRUE POINT OP BEGINNING.
• Thence along said right-of-way line the following 2 courses:
South 89'36'47" East, 931 .38 feet;
North 80'49'46" East, 147.22 feet to a point on the South line
of a. parcel of land as recorded in Book 924, under Reception Number
1849543 of the records of Weld County.
Thence along said Southerly line the following 6 courses:
South 46'55'00• East, 55. 57 feet,
South 57'15'00" East, 70.00 feet,
South 70'45'00• East, 87.00 feet,
South 89'36'20• East, 140.00 feet,
North 80'49'49" East, 80.00 feet,
North 75'26'00" East, 60.00 feet,
to a point on the South line of a parcel of land as recorded in
Boot: 1000, Page 83 of the records of Weld County.
Thence along said line, North 53'49'54" East, 201.24 feet to the
North line of the Northwest Quarter of Section 28;
thence along the North line of the Northwest Quarter, South
89'36'20" East, 838.93 feet to the North Quarter Corner of said
Section 28;
thence along the North line of the Northeast Quarter, South
89',16'20• East, 652.00 feet to a point of the South right-of-way
line of Weld County Road 66 as recorded in Book 924, under Reception
No. 1846036 of the records of Weld County.
Thence along said line the following 3 courses:
South 85'10'32" East, 908.55 feet;
South 89'37'44• East, 432.35 feet;
South 89'36'22" East, 486.26 feet
to a point on the West right of way line of the Great Western
Railway as recorded in Book 271, Page 319 of the records of Weld
County;
thence along said right-of-way line North 00' 14'35• West 70.00
feet to the North line of the Northeast Quarter of Section 28;
thence along the North line of the Northeast Quarter, South
89'36'20" East, 108.69 feet to the Northeast Corner of Section
28;
PAGE 3 0028657 C••3
SKLD WW 10 . 199 . 51 . 65 WE 2208866-1990 . 004
' _ 3
B 1259 EEC 02208866 03/26/90 09:•46 *45.00 5/009
F 0620 MARY ANN FEUERSTEIN CLERK a RECORDER WELD CO, CO
thence along the East line of the Northeast Quarter of said Section
28, South 00' 12'57" East, 2632. 37 feet to the East Quarter Corner
of said Section;
thence along the East line of the Southeast Quarter of said Section,
South 00' 13 ' 14" East, 2633.37 feet to the Southeast Corner of
Section 28;
thence along the South line Of the Southeast Quarter, South
89'42 '41 " West, 2598.20 feet to the South Quarter Corner of said
• Section 28,
thence along the South line of the Southwest Quarter of said
Section, South 89'42'47" West, 554.37 feet;
thence North 00'00'00" East, 1086.31 feet;
thence North 81'11 ' 14• West, 235.82 feet;
thence North 78'04'42' West, 678. 38 feet;
thence North 60' 18'55" West, 96.58 feet;
thence North 62'58 '59" West, 312. 74 feet;
thence South 00'00'00" West, 1,458.77 feet
to a point on the South line of the Southwest Quartet of said
Section 28,
thence along the South line of the Southwest Quarter of Section
26, South 89'42'47" West, 784.88 feet to the Southwest corner of
Section 28;
thence along the south line of the Southeast Quarter of the
Southeast Quarter of Section 29, South 89'38'26" West, I ,299.47
feet to the Southwest corner of the Southeast Quarter; of the
Southeast Quarter of said Section 29,
thence North 00'01 '08" East, 1,320. 17 feet to the Northwest Corner
of the Southeast Quarter of the Southeast Quarter of said-Section
29,
thence along the West line of the Northeast Quarter of the Southeast
Quarter of said Section 29, North 00'02'07" East, 1,092,93 feet
to a point on the Southeasterly right of way line of Weld County
Road 17 as recorded in Book 1040, under Reception Number 1977816
of the records of Weld County;
thence along said right-of-way the following 8 courses:
North 24'45'23" East, 232.68 feet to the beginning of a curve to
the right having a central angle of 31'00'00" and a radius of
1,027. 30 feet, whose long chord bears North 38'41'40' East, 549.07
feet;,
thence along the arc of said curve 555.82 feet;
thence North 54' 11 '40" East, 544. 12 feet,
thence along the are of a curve to the left having a changing radius
(beginning radius 1,129.43 feet and ending radius 1,149.43 feet)
whose central angle is 21'13.55" and whose long chord bears North
46' 15'34" East, 420.28 feet to the beginning of a curve to the
left whose radius is 1,149.43 feet, having a central angle of
32' 46'05", whose long chord bears North 16'34'42" Nast, 648.45
feet,
thence along the arc of said curve 657.37 feet;
thence North 00' 11 '40" East, 356.00 feet;
thence North 3'37' 11" West, 300.67 feet;
thence North 00'11 '40" East, 325.80 feet
to a point on the South right of way line of Weld County Road 66,
said point being the TRUE POINT OF BEGINNING.
EXCEPT that part of the East half of Section 28 as described in
PAGE 4 8028657 C-3
SKLD WW 10 . 199 . 51 . 65 WE 2208866-1990 . 005
• B 1259 BBC 02208866 03/26/90- 09:46 S45.00 6/009
F 0621 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
deed to the Northern Colorado Construction Company recorded in
Book 271 at Page 319;
ALSO EXCEPTING THEREFROM a right of way 30 feet in width for county
road and public highway grante9 to the County of Weld by instrument
recorded March 14, 1910 in Book 327, Page 86 (weld County Road
64) .
•
PARCEL 2:
A parcel of land located in Sections 32 and 33, Township 6 North,
Ranee 67 West of the 6th P.M. , being more particularly described
as follows:
COMMENCING at the Northeast corner of said Section 33, and
considering the North line of the Northeast Quarter of said Section
33 to bear North 89'42 '41' East with all bearings contained herein
relative thereto, said point being the TRUE POINT OF BEGINNING.
Thence along the East line of the Northeast Quarter of said Section,
South 00' 13' 34" East, 2631 .83 'ffeet to the East Quarter Corner of
said Section 33;
thence along the East line of the Southeast Quarter of said Section,
South 13'34'57" East, 2767.09 feet to the Southeast Corner of said
Section 33,
• thence along the South line of the Southeast Quarter of said
Section, South 89' 21 ' 19" West, 2542.50 feet to the South Quarter
Corner of said Section 33,
thence along the West line of the Southeast Quarter of said Section,
North 7'38 `30" west, 99.67 feet,
thence along the Westerly line of a parcel of land as recorded
in Book 742, Reception Number 1663722 of the records of Weld County,
North 14' 32'03" West, 2662.32 feet to the South line of thk.
Northwest Quarter of said Section 33;
thence along the South line of the Northwest Quarter of said
Section, South 89'03'21" West, 1315.38 feet, to a point on the
Northeasterly line of a parcel. of land as recorded in Book 742,
Reception Number 1664427 of the records of Weld County;
thence along said line the following 2 courses:
• • • North 56' 25' 34" West, 1131 .43 feet; •
North 29'26'31" West, 685.87 feet
to the West line of the Southwest•Quarter of the Northwest Quarter
of said Section 33;
thence along the West line of the Southwest Quarter of the Northwest
Quarter of said Section, North 1'31 '04" West, 101 .01 feet to the
Northwest Corner of the Southwest Quarter of Northwest Quarter
of said Section 33,
thence along the South line of the Northeast Quarter of the
Northeast Quarter of Section 32, South 89'39'08" West, 1104.88
feet to the centerline of an existing county road;
thence along said centerline North 10' 58' 41" West, 1123. 30 feet
to a point on the West line of the Northeast Quarter of the
Northeast Quarter of said Section 32;
thence along the west line of the Northeast Quarter of the Northeast
Quarter of said Section, North 3'49'58" West, 242.17 feet to the
Northwest corner of the Northeast Quarter of the Northeast: Quarter
of said Section 32.
Thence along the North line of the Northeast Quarter of the
PAGE 5 8028657 C-3
SKLD WW 10 . 199 . 51 . 65 WE 2208866-1990 . 006
,
• B 125)9 REC 02208866 03/26/90 09:46 $45.00 7/009
F 0622 MARY ANN PEUERSTEIN CLERK & RECORDER WELD CO, CO
•
Northeast Quarter of said Section, North 89'38'26" East, 1299.47
feet to the Northeast corner of said section 32;
thence along the North line of the Northwest Quarter of Section
33, North 89'42'47" East 2598.56 feet to the North Quarter Corner
of said Section 33;
thence along the North line of the Northeast Quarter of said
Section, North 89'42'41" East 2598. 20 feet to the TRUE POINT OF
BEGINNING.
EXCEPT that part of the Northeast Quarter of the Northeast Quarter
of section 33 and that part of the Southeast Quarter of the
Southeast Quarter of Section 33, all as described in deed to the
Northern Construction Company, recorded in Book 271 at Page 319;
EXCIEPT that part of the Southeast Quarter of the Southeast Quarter
of said Section 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;
EXCEPT that part of the Southeast Quarter of the Southeast Quarter
of said section 33 described in deed to Weld County recorded in
Book 996 at Page 620;
EXCEPT those parts thereof described in deeds to Weld County
recorded in Book 995 at Pages 161 and 162;
EXCEPT that portion of the Southeast Quarter of Section 33, as
conveyed in deed to H. V. Crumly and Mary Ruby Crumly recorded
in Book 614, Reception Number 1535604;
EXCEPT that portion of the Northeast Quarter of the Southeast
Quarter and the Southeast Quarter of the Northeast Quarter of said
Section 33 as described in the deed to the Northern Colorado
Construction Company recorded in Book 273, Page 2.
EXCEPT Right-of-way 30 feet in width for county road and public
highway granted to the county of Weld by instrument recorded March
14, 1910 in Book 327, Page 86. '
TOGETHER WITH all rights, title, and interest of the
Grantor in and to any wells and well rights, ditches
and ditch rights, reservoirs and reservoir rights,
belonging or in any way appertaining to the
above-described property, including, but not limited
to, forty (40) shares of the capital stock of The
Whitney Ditch Company, one hundred (100) shares of the
capital stock of The B. H. Eaton Company, and , four (4)
shares of the capital stock of The New Cache La Poudre
Irrigation Company.
•
PAGE 6 8028657 C-3
5 5
SKLD WW 10 . 199 . 51 . 65 WE 2208866 .1990 . 007
B 1259 REC 0220886,. 03/26/90 09:46 545.00 8/00
F 0623 MARY ANN PEUERSTEIN CLERK & RECORDER WELD CO, CO
•
•
•
' EXHIBIT "B" ATTACHED TO AND MADE A PART OF THE SPECIAL WARRANTY
DEED BETWEEN EASTMAN KODAK COMPANY ("THE GRANTOR") AND WINDSOR
RESOURCE CORPORATION ("THE GRANTEE")
LEGAL DESCRIPTION
OF THE RETAINED PARCEL
A parcel of land located in Section 28, Township 6
North, Range 67 West of the 6th P.M., Weld County,
Colorado more particularly described as follows:
Commencing at the Southwest corner of said Section 28,
and considering the South line of the Southwest Quarter
of Section 28 to bear North 89'42'47" East with all
bearings contained herein relative thereto, thence
along the South line of the Southwest Quarter of said
Section North 89'42'47" East, 784.88 feet TO THE TRUE
POINT OF BEGINNING. Thence the following 7 courses;
North 00'00'00" East, 1458.77 feet,
South 62'58'59" East, 312.74 feet,
South 60'18'55" East, 96.53 feet,
South 78.04'42" East, 678.38 feet,
South 81'11'14" East, 235.82 feet,
South 00'00'00" West, 1086.31 feet,
South 89'42'47" West, 1259.31 feet, to THE TRUE
POINT OF BEGINNING.
EXCEPTING THEREFROM that portion of a right-of-way
30 feet in width for county road and public highway
granted to the County of Weld by instrument recorded
March 14, 1910, in Book 327, Page 86; (Weld County
Road 64) located across the Southerly 15 feet of said
property containing 0.43 acres more or less.
SKLD WW 10 . 199 . 51 . 65 WE 2208866-1990 . 008
•
B 1259 REC 02208866 03/26/90 09:46 845.00 9/009
F 0624 MARY ANN FEUERSTEIN CLERK 6 RECC'.IDER WELD CO. CO
•
EXHIBIT "C" ATTACHED TO AND MADE A PART OF THE SPECIAL WARRANTY
DEED BETWEEN EASTMAN KODAK COMPANY ("THE GRANTOR") AND WINDSOR
RESOURCE CORPORATION ("THE GRANTEE")
LEGAL DESCRIPTION
OF THE BENEPITTFD PROPERTY
All real property owned by the Grantor in Sections 26,
27,. 34, and 35, in Township 6 North, Range 67 West of
the 6th P.M., County of Weld, State of Colorado, as of
the date of this Special Warranty Deed.
SKLD WW 10 . 199 . 51 . 65 WE 2208866-1990 . 009
9 F 0100 malt
RYOANN6PEUERSTEIN/C1;13RR1a1RECORDER�WELD CO,
AV 341,1.61
BARGAIN AND SALE DEED WITH POSSIBILITY
OF REVERTER AND RIGHT OF RE-ENTRY
THIS DEED, Made this ../h day of /11.44•5 , 1993,between Eastman
Kodak Company, a New Jersey corporation, of the County of Weld and State of
Colorado. ("Grantor'), and the Town of Windsor whose legal address is 301 Walnut,
Windsor, Colorado 80550 of the County of Weld and State of Colorado, ('Grantee").
WITNESSETH, That Grantor, for and in consideration of the sum of Ten
and no/100th (810.00) Dollars. the receipt and sufficiency of which are hereby
acknowledged, has remised, released, sold, and conveyed, and by these presents does
remise, release, sell and convey unto the Grantee, Grantor's right, title and interest, If
any, in and to the real property, together with hnprovements, if any, situate, lying and
being in the County of Weld and State of Colorado, which is described on Exhibit A
attached hereto and incorporated by this reference herein (the 'Property"),FOR sO
LONG AS the Property is used by Grantee for purposes of access to and from a
municipal water treatment plant and no longer, and farther, ON THE CONDITION
THAT Grantee comply with all covenants and agreements for maintenance and repair of
the Property contained in the Easement Agreement between Grantor and Grantee of even
date herewith and, If this condition is breached, Grantor may emar and terminate the
estate hereby conveyed, _
Reserving, however, unto Grantor, its successors and assigns forever, a perpetual non-
exclusive easement over, under and across said Property for any and all legal uses, as Is
more fully described in the Easement Agreement between Grantor and Grantee of even
date herewith, for the benefit of all property now owned by Grantor located in the
Southwest Quarter or the Southeast Quarter of Season 34,Township 6 North, Range 67
West of the 6th P.M.,Weld County, Colorado.
TO HAVE AND TO HOLD the same, together with all and singular the
appurtenances and privileges thereunto belonging or In anywise thereunto appertaining, but
subject to the reservations, reverter and condition for re-entry set forth above. The
singular number shall include the plural, the plural the singular, and the use of any gender
shall be applicable to all genders.
IN WITNESS WHEREOF, Grantor has executed this deed on the date set
forth above.
ATTEST: EASTMAN KODAK COMPANY, a New
Jersey corporation
(SEAL(
•
re
450: &earetitfil ,1
&tit�/Vira
STATE OF NEW YORK )
as.
COUNTY OF MONROE )
The fprepof'1pg �V�a trument was ledQ before me Ibis 1Gttday of
August , 1993,byG:0•1 .44sanrl as enso N me attested to by
Joyce P. React as Asst. on behalf of Eastman Kodak Company, a New Jersey
corporation. Secretary
My commission expires:
Witness my hand and official seal,
maw LGtl Jet i. (�te t �?� •
lttaww �"` .Cc tu�tlU \72lca4
Monroe
taaelsata+EWNu Wale 2.t Notary Public • � ,' ',`
SKLD WW 10 . 199 . 51 . 65 WE 2346661-1993 . 001
B 1398 REC 02346661 08/18/93 11111 ;;10.00 2/002
F 0101 MARY ANN WEURRSTEIN CLERK 8 RECORDER WELD CO, CO
EXHIBIT A
(Legal Description to Bargain and Sale Deed with Possibility
of Reverter and Right of Re-entry)
A tract of land located in the South Half of Section 34,Township 6 North, Range 67
West of the 6th P.M.,Weld County, Colorado being more particularly described as
follows;
Commencing at the West Quarter Corner of said Sectiat 34 and considering the West
line of the Southwest Quarter of said Section to boar South 13°34'40"East with all
bearings contained herein relative thereto; thence along said line, South 13°34'40"East,
1560.55 feet; thence South 90°00'00"East, 72.85 feet more or tau to the Northwest
Cotner of that parcel of land described in Book 766 under Reception No. 1688432 of the
real estate records of Weld County; said point being the true point of beginning; thence
along the North line of said parcel South 90°00'00"Bast, 2683.99 feet to the Northeast
Corner of said parcel, thence along the West line of a parcel of land described in Book
625,under Reception No. 1547170 of the records of Weld County, North 00°00'00"West
209.00 feet; thence South 18°50'07"West, 157.99 feet; thence South 65°59'16"West, 77.05
feet; thence North 89°43'18"West. 1157.23 feet; thence North 89°47'23'West, 890.75 feet;
thence North 74°11'26"West, 112,97 feet; thence South 75°09'26'West, 90.32 feet; thence
South 88°12'32'West, 326.96 feet to the Easterly right of way line of Colorado State
Highway h257; thence along said right of way line, South 13°20'36"Earn, 35.38 feet to the
true point of beginning.
SKLD WW 10 . 199 . 51 . 65 WE 2346661-1993 . 002
Recorded at .clock—Ni., ._. . . _..._..___
2440900 B-1494 P-576 06/02/95 02:26? PG I OF 1 REC DOC
Abwy9IIlUD Weld County CO Clerk & Recorder 5.00
Recorder's Stamp
Tins DEED, Made this day of
19 95 ,between EASTMAN KODAK COMPANY,
a corporation duly organized and existing under and by virtue of the laws
of the State of New Jersey ,of the first part,and
TOWN OF WINDSOR, COLORADO, an incorporated
Colorado municipality,
a corporation duly organized and existing under and by virtue of the laws
of the State of' Colorado ,of the second part,
whose legal address is 301 Walnut Street, Windsor, Colorado 80550.
WITNESS.That the said party of the first part,for and in consideration of the sumof Ten Dollars
'ii ($10.00) and other good and valuable consideration DIXX ER& I
to the said party of the first part in hand paid by the said party of the second part,the receipt whereof is hereby
confessed and acknowledged,has remised,released.sold,conveyed and QUIT CLAIMED,and by these presents does
remise,release,sell,convey and QUIT CLAIM unto the said party of the second part,its successors and assigns forever,
li all the right,title,interest,claim and demand which the said party of the first part has in and to the following described
' LOT OR PARCEL OF LAND situate,lying and being in the County of Weld
and State of Colorado.to wit:
The North 65 feet of Section 27, Township 6 North,
Range 67 West of the 6th P.M., except portions previously
conveyed to Colorado Department of Highways. Also the
North 65 feet of the Northwest Quarter of Section 26 and
the North 65 feet of the West Half of the Northeast '
Quarter, Section 26 in Township 6 North, Range 67 West
of the 6th P.M.
also know n as street and number
TO HAVE AND TO HOWthe same,together with all and singular the appurtenances and privileges thereunto
belonging,or anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever,of the
said party of the first part,either in law or equity,to the only proper use,benefit and behalf of the said party of the
second part,its successors and assigns forever.
IN WITNESS WHEREOF, The said party of the first part has caused its corporate name to he hereunto
subscribed by its President,and its corporate seal to be hereunto affixed,attested by its
Secretary,the day and year first above written. EASTMAN KODAK COMPANY,
Attest 4 a New Jers,eey�\'corporation
r--14
it
m �-—vi l.n
/ d
%
C
1' Sb'AL O� `" H
O
1'-I T
re
STATE OF ISEW KW
3
County of__MTRF - )
The foregoing instrument was acknowledged before me this 18th day of fir
19 95 ,by i ter C1 's as VICE President and
III Joyce P. Haag as Secretary of
' EASTMAN KODAK COMPANY, c.,';ee a tgrporatlon.
' My commission expires /� . P
Witness my hand and official seal. y.)(1, fl,// i V •s 1
SANDRA LCARUSO \ woArJ lie; -
Notary Public.State of New York ,
• .....
Monroe County
Commission Expires October 218
No.825.qua CLAIM DEELL—Corporation10 Corpor.ton Brirdrord publusking.Mir V/ or Lanni.Co eo,. nos,is,eser—aaa iti4
SKLD WW 10 . 199 . 51 . 65 WE 2440900-1995 . 001
Recorded at J. A
'clock AL, -_
AR244D899 x2440899 8-1494 P-575 06/02/95 02:25P PG 1 OF 1 REC DOC
Weld County CO Clerk & Recorder 5.00
Recorder's Stamp !
_ THIS DEED. Made this day of
._
19 95 ,between EASTMAN KODAK COMPANY,
I
t a corporation duly organized and existing under and by virtue of the laws
of the State of New Jersey ,of the first part,and il
TOWN OF WINDSOR, COLORADO, an incorporated
Colorado municipality,
a corporation duly organized and existing under and by virtue of the laws
of the State of Colorado ,of the second part,
I.
whose legal addreseis 301 Walnut Street, Windsor, Colorado 80550.
•
WITNESS,That the said party of the first part,for and inconsideration of the sum of Ten Dollars
($10.00) and other good and valuable consideration IXNRI4RR '
to the said party of the first part in hand paid by the said party of the second part,the receipt whereof is hereby
confessed and acknowledged,has remised.released,sold,conveyed and QUIT CLAIMED,and by these presents does
rise,release,sell,convey and QUIT CLAIM unto the said party of the second part,its successors and assigns forever,
all remise,
right,title,interest,claim and demand which the said party of the first part has in and to the following described
LOT OR PARCEL OF LAND situate,lying and being in the County of Weld
and State of Colorado,to wit:
The North 65 feet of Section 27, Township 6 North,
•
Range 67 West of the 6th P.M. , except portions previously
conveyed to Colorado Department of Highways. Also the •
North 65 feet of the Northwest Quarter of Section 26 and
the North 65 feet of the West Half of the Northeast •
Quarter, Section 26 in Township 6 North, Range 67 West
• of the 6th P.M.
'_. • oleo known as street and number
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges [hereunto
belonging.or.in anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever,of the
said party of the first part,either in law or equity,to the only proper use,benefit and behalf of the said party of the
second part,its successors and assigns forever.
• IN WITNESS WHEREOF, The said party of the first part has caused its corporate name to be hereunto
I subscribed by its President,and itscorporate seal to be her entity affixed.attested by its
Secretary,the day and year first above written.
EASTMAN KODAK COMPANY,
AtteatC a N@\Jer.ey corporation
jr' T" •
H
J e
Secret-If Vice
l a n
I, �.yY A
J. •
•o\ s •a 7
' STATE OF NEW YORK
ss.
H County of NrNJROF '
me thisday of
The foregoing instrument was acknowledged before 18th May III
g g g• 19 95 ,by Peter Giles as Vice President and
Joyce P. Haag as Secretary of
EASTMAN KODAK COMPANY, ? „'rqaarperation.
My commission expires 1, .4 Q '
Witness my hand and official seal. 'il /y/ /////p� //�/ i
a Gvo , sip t !F
,. .-1:;.."
�•.. V
SANDRA L.CARUSO ..
Notary Public,State of Newyork
_i;
• Monroe County J
Commission Expires October 2,1919
•
No.825.quit a,A IM DE 50.—c orpo tat arn to Corporation. Bradford Pa e,eein,1,20 W.6ia A,,_LWnwaad COe02 Y—003:231490 —oat
SKLD WW 10 . 199 . 51 . 65 WE 2440899-1995 . 001
CERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICE
COUNTY OF WELD
The 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
The Nl/2 of the NW 1/4 of Section 34,Township 6 North,Range 67 West of the 6th P.M., County of Weld,
State of Colorado.
CONVEYANCES(If none appear, so state):
Reception No. 1540953 _ Book 619
Reception No. 1541299 Book 619 _
Reception No. 2208866 Book 1259
Reception No. Book
Reception No. Book
Reception No. Book
Reception No. Book
Reception No. Book
Reception No. Book
Reception No. Book
Reception No. Book
Reception No. Book
The certificate is made for the use and benefit of the Department of Planning Services of Weld County,
Colorado.
This certificate is not to be constructed as and Abstract of Title nor and opinion of Title,nor a guarantee Title
and the liability of Transnation Title Insurance Company, is hereby limited to the fee paid for this Certificate.
In Witness Whereof,Transnation Title Insurance Company,has caused this certificate to be signed by its
proper officer this 12th day of February,2004, at 7:00 am.
TRANSNATION TITLE INSURANCE COMPANY
Order No. 8072930
n'
By: 1C0`'� /Lee»u- --t___-
Autho ed Signature
(Eastman Kodak)
bQOK 619 r
r, 5D Jq,4 ? � .
.970
1540953 ._....-
WARRANTY DEED /
•
(Statutory Form) - -
i -
es' KNOW ALL MEN BY THESE PRESENTS:
inn That George F. Kern and Company, a co-partnership of
•
rn Weld County, Colorado (hereinafter referred to as "Seller") , for
o the consideration of Ten Dollars and other good and valuable -
In consideration in hand paid, hereby sells and conveys to Eastman
ti Kodak Company, a New Jersey corporation, the local address of
which is East Walnut Street, Windsor, Colorado, 80550, the fol-
.., lowing real property situate in the County of Weld and State of
• a Colorado, to-wit:
`- NW 1/4, W 1/2 W 1/2 NE 1/4, SW 1/4 S ;
�_ and W 1/2 SE 1/4 of Section 27, j�^' °-,
Township 6 North, Range 67 West -'-
of the 6th P.M. zg
c
o
and o 3 __
�' N 1/2 NW 1/4 and NW 1/4 NE 1/4 of ti9° -
Section 34, Township 6 North, Range b R
67 West of the 6th P.M. rn
TOGETHER WITH all minerals and mineral rights owned
by Seller,
�'�'u'
TOGETHER WITH any and all water and water rights, ditches `
and ditch rights, flumes, canals and reservoirs appurtenant or
• relating thereto, including but not limited to 24 shares of stock
in The Whitney Irrigation Company and 15% of the stock of The Kern
• 'c-l• Reservoir and Ditch Company (all hereinafter referred to as the
'; "water rights"),
u:
o
en
AND TOGETHER WITH all its appurtenances and improve- y`.,•,
ments thereon, and warrants the title to the same; except any --i
and all assessments of any and all districts; except restrictions (.o
.
.:- including liquor restrictions; except reservations now of record; c3
except easements and rights of way for highways, railroads, pipe-
lines, ditches and utilities of record; except zoning ordinances
and resolutions; and except general property taxes for 1969 and ry,`'
subsequent years. Seller excludes the water rights from its
------ warranty herein. ?,4G
H •
•
Until March 1, 1970, Seller reserves the right to posses- , ,]7•"'
sion of the brick house and corrals now occupied by Mr. Jake Hoff-
_ man. Until January 10, 1970, Seller reserves the right to possession
of the frame house adjacent to the brick house now occupied by Mr. • :,±1,.
Jake Hoffman. As long as Seller is in possession of said houses
and corrals , it shall bear the risk of loss with respect thereto. '•'��
J 7,/1 t c r 7qn� • ;:'i4
EXECUTED this ,n �� day of 1964. a`.
GEORGE F. KERN AND COMPANY,
- - -. . - a co-partnership. ^
r
7 O
By E/<cc�j- ,f'C (I o
,',// Partner o
By " ;4 ice,I /!'.7( < 7'v h c'S/c[C„ en
/ / Partner cZ.,
•
By
Partner
By i /4_,„_,- ;c ,
,1 Partner
- - Partner -
All of the partners of George F. Kern
and Company, a co-partnership
.1 C C C, -(-•-
I 619 154 X953
STATE OF COLORADO )
- � )) ss.
County of Lv'"`
The foregoing instrument was acknowledged/� before me `�
this ori= day of December, 19( , by y (-)uba Cu, .Y<.?1 ,
4rpn.rvo LK) T , Oace/w-c t). /Ktt-c.., ,
�Qdcrit, //`,,-1/4 o-v.Q, eAn.e.Q K. (A/a, -k4. , all as
partners of Geode F. Kern and Company, a co-partnership.
WITNESS my hand and official seal.
My commis ion expires: Mz`�` `IonexplraeSep.9 Wpb
4' ��' (�91�(DD (11tu4lG( )
a
..;• 'ACTA ry i Notary Pubty,_
n,.
-2- ___
w..
v. v.
619 p %. i 2197(1
R.e e.d.d r duf Y
ye,Ny_ 1_ 4
5Z.?g A Somer.Pwvd.uorxEd
A , 1
m
poor 619 P
Re..No_._ 1540353 Ann
Spomm,Read.
WARRANTY DEED _ _ --- I
(Statutory Form) '
1
O
"'
KNOW ALL MEN BY THESE PRESENTS:
That George F. Kern and Company, a co-partnership of
rn Weld County, Colorado (hereinafter referred to as "Seller") , for
the consideration of Ten Dollars and other good and valuable
,n consideration in hand paid, hereby sells and conveys to Eastman
o
ti Kodak Company, a New Jersey corporation, the local address of
,, wi:i� . 1.. :....s,_ tL,at 3 rca; , .ai .aooc , l.usOsduu, oUD.io, cute os- _
lowing real property situate in the County of Weld and State of .
N Colorado, to-wit: -49 r NW 1/4, W 1/2 W 1/2 NE 1/4, SW 1/4 S PC' _,and W 1/2 SE 1/4 of Section 27, • ,, - -
o Township 6 North, Range 67 West q
of the 6th P.M. �R
T and o n
•
"� N 1/2 NW 1/4 and NW 1/4 NE 1/4 of E�o _
i Section 34, Township 6 North, Range b T
67 West of the 6th P.M. „
TOGETHER WITH all minerals and mineral rights owned
by Seller,
ri TOGETHER WITH any and all water and water rights , ditches
and ditch rights , flumes , canals and reservoirs appurtenant or
___ `ri relating thereto, including but not limited to 24 shares of stock -
in The Whitney Irrigation Company and 15% of the stock of The Kern
h Reservoir and Ditch Company (all hereinafter referred to as the
-'' "water rights") ,
' " AND TOGETHER WITH all its appurtenances and improve-
, - ments thereon, and warrants the title to the same; except any ^-:
o. and all assessments of any and all districts; except restrictions u
including liquor restrictions; except reservations now of record; c.
except easements and rights of way for highways, railroads, pipe- ti
c;-, lines, ditches and utilities of record; except zoning ordinances
. - ti and resolutions; and except general property taxes for 1969 and .s
a subsequent years. Seller excludes the water rights from its
y warranty herein. --f
.4; Until March 1, 1970, Seller reserves the right to posses-
. sion of the brick house and corrals now occupied by Mr. Jake Hoff- 1
"` man. Until January 10, 1970, Seller reserves the right to possession
0 of the frame house adjacent to the brick house now occupied by Mr. • - _ .
Jake Hoffman. As long as Seller is in possession of said houses
r and corrals , it shall bear the risk of loss with respect thereto.
EXECUTED this jghugr ry� •
,P �� day of f�tn * , 1, 19a.
_
GEORGE F. KERN AND COMPANY,
❑, a co-partnership "'
r
o
By 66-=(-4 it/r 1 m __
__L� / Partner
By /X;-t!'-f /l'. 4 Ttd6/e- P
y/ Partner ti
i
BY ,i „ ,/a -.--5- /C, 5 ----- r
7-3
Partner
By (. ...---- ,\",.., ! ,
7 Partner
: � L ii ' .'',
By --; - :
Partner
All of the partners of George F. Kern -
a5,d Company, a co-partnership
): ,.0..(..r_- ,?°`",,., „�
' Q 619 .0°''' 619 1541299 1540953
•
STATE OF COLORADO
.. pp/0 ) ss. t"County of LA-s'`~ ) M
„ The foregoing instrument was CJ^a�cknowledged before me
4e- this 2nd day of January, 1970, by LMto W. A/Iei3
. C(4e4,t4,,,;‘,2,
�tk n�w to Tta4' r , 90A, ,,.e Q. 162.t.., g., x
I , Q- /(JJLlh r. Nta iL.,-Q , CP K . L uk , all as
•
partners of Geo ge F. Kern and Company, a co-partnership.
WITNESS my hand and official seal. 1.
My commies ion expires: my IIsloncxpiressep:'1.�(1g7I, i---
1L ' 1N d x;
_. 7( \\0TArr r, —'. Notary Pub ."
—... SEAL] _
• '.
.. p
. 0rl`\C o
7
ill
p
_ ..,r:'
•
AMEMMMNIII
AR220AA66 B 1259 REC 02208866 03/26/90 09:46 445.00 1/009
F 0616 MARY ANN FEURRSTEIN CLERK & RECORDER WELD CO, CO
State Dacumertary Fea
SPECIAL WA$IU.NTY DEED Date...
THIS DEED, made and entered as of the 2Z- day of March,
1990, between EASTMAN KODAK COMPANY, a New Jersey Corporation,
the mailing address of which, for purposes of this Deed, is
Windsor, Colorado 80551 ("the Grantor"), and WINDSOR RESOURCE
CORPORATION, a Colorado Corporation, the mailing address of
which, for purposes of this Deed, is 760 Whalers Way, Suite A200,
Fort Collins, Colorado 80525 ("the Grantee") .
L'1= WI'CNESSETH:
That the Grantor, for and in consideration of the sum of
Ten Dollars ($10.00) and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged,
has granted, bargained, sold, and conveyed, and by these
presents does hereby grant, bargain, sell, convey, and confirm
unto the Grantee, its successors and assigns, forever, all the
real property, together with improvements, if any, situate,
lying, and being in the County of Weld, State of Colorado, which
is described on Exhibit "A" attached hereto and incorporated
herein by reference ("the Property").
TOGETHER WITH all and singular the hereditament& and
appurtenances thereto belonging, or in anywise appertaining, and
the reversion and reversions, remainder and remainders, rents,
issues, and profits thereof; and all the estate, title, title,
interest, claim, and demand whatsoever of the Grantor, either in
law or equity, of, in, and to the Property, with the
hereditaments and appurtenances.
TO HAVE AND TO HOLD the Property with the appurtenances
unto the Grantee, its successors and assigns, forever. The
Grantor, for itself and its successors and assigns, does covenant
and agree that it shall and will warrant and forever defend the
Property in the quiet and peaceable possession of the Grantee,
its successors and assigns, against all and every person or
persons claiming the whole or any part thereof, by, through, or
under the Grantor.
The Grantor and the Grantee hereby expressly acknowledge
that the Property is being conveyed free and clear of all liens
and encumbrances except and subject to all easements and
rights-of-way in place or of record: all zoning and other
governmental rules and regulations; real property taxes for 1990
and all subsequent years; and an existing agricultural lease
which expires on December 31, 1990.
grant of Aaricultural Easements. The Grantor hereby grants
and conveys unto the Grantee, its successors and assigns,
forever, a perpetual, non-exclusive road easement and
right-of-way over and across the existing roads which traverse
the parcel of real property described on Exhibit "B" attached
hereto and incorporated herein by reference ("the Retained
Parcel") and over and across any roads hereafter constructed on
the Retained Parcel (or which are substituted for same) . The
easement hereby conveyed shall be non-exclusive, thereby allowing
the Grantor, its successors and assigns, the right to use said
existing roads but not to the exclusion of the Grantee, its
successors and assigns. The easements hereby granted may be
utilized by the Grantee, its successors and assigns, only as
access easements in connection with farming or other agricultural
activities conducted on the Property. The Grantor, its
successors and assigns, shall have the right, but not the
obligation, to maintain, repair, and rebuild the existing road or
roads (and any substitutes therefor) .
SKLD WW 10 . 199 . 51 . 65 WE 2208866-1990 . 001
•
B 1259 BBC 02208866 03/26/90 09:46 045.00 2/009
• F 0617 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO
E trictive Covenant - Height Restriction. For a period of
twenty (20) years following the date of this Special Warranty
Deed, no buildings, structures, or other improvements of any kind
shall be constructed, erected, or installed on the easterly five
hundred feet (500') of the Property which exceed a height of
forty feet (40') . The foregoing restriction shall run with the
Property and shall be binding upon all parties having any right,
title, or interest in the Property, or any part thereof, and
shall inure to the benefit of the Grantor, its Successors and
assigns, and to any subsequent owners of the real property which
is described on Exhibit "C" attached hereto and incorporated
herein by reference ("the Benefitted Property") . The Grantee, by
accepting the conveyance of the Property, agrees that the
foregoing restriction shall be binding upon the Grantee, its
successors and assigns, and any other party having any right,
title, or interest in the Property or any part thereof. The
Grantor, its successors and assigns, and any subsequent owners of
the Benefitted Property, shall have the right to enforce the
foregoing restriction by proceedings at law or in equity against
any person or persons violating such restriction.
IN WITNESS WHEREOF, the Grantor and the Grantee has executed
this Special Warranty Deed on the date set forth above.
EASTMAN KODAK COMPANY,
ATTEST: nu,c a NNew Jersey Corporation
" Asst. Secy. BY N/ F.+,..56L.�.. , Vice Pres.
WINDSOR RESOURCE CORPORATION,
•'",' T,• a Colorado rporation
3 ::!21 r".1 SitlitXtIA4
1°‘1.O 'h�.W. HAsler, Cra g , res dent
;s yo.,.. . �ttant Secretary
STATE OF NEW YORK )
ss.
COUNTY OF MOM r.c )
The foregoing instrument was ap)cnowledged afore me this
day of March, 19224 by 1,455-i.e.». .F P-0(Alt_ as
Vice President and "�rm. tiL...>c ... as Assistant
Secretary of EASTMAN KODAK COMPANY, a New Jersey Corporation.
WITNESS my hand and official seal.
My commission expires:
00.00116
M�MLWrMo y � .j
��w�Orr+lw� ` try (NA,- son. 3 LMW. Notary Public . U • rr.
:
:At
Q' .O1•c•4i
- 2 -
SELD WW 10 . 199 . 51 . 65 WE 2208866-1990 . 002
•
B 1259 REC D2208866 03/26/90 09:46 545.00 3/009
F 0618 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO
•
STATE OF COLORADO )
Se.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me th:Ls
){„( day of March, 1990, by Craig Harrison, as president, and
Timothy W. Hasler, as Assistant Secretary, of WINDSOR RESOURCE
CORPORATION, a Colorado Corporation.
WITNESS my hand and official seal. ,5 x. •••..,,•p
My commission expires: !,/, /(7, ' s v 4V 6 it
� Z v
C7. BSA .: . IL/iI.no.rr.. w ...et't
Notary Public ..
- 3 -
SKLD WW 10 . 199 . 51 . 65 WE 2208866-1990 . 003
B 1259 REC 02208866 03/26/90 09:46 845.00 4/009
• F 0619 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
•
EXHIBIT 14
2. Coveting the Land in the State Of Colorado, County of Weld.
Described as:
PARCEL 1 :
A parcel of land located in Sections 28 and 29, Township 6 North,
Range 67 West of the 6th P.M. , more particularly described as
follows:
COMMENCING at the Northwest corner of said Section 20, and
considering the North line of the Northwest Quarter of section
28 to bear South 89'36'20• East with all bearings contained herein
relative thereto;
thence south 34'07'42• East, 84. 95 feet to a point on the South
right-of-way line of Weld County Road 66 as recorded in Book 924,
under Reception Number 1846035 of the records of Weld County, said
point being the TRUE POINT OP BEGINNING.
Thence along said right-of-way line the following 2 courses:
South 89'36'47" East, 931 . 38 feet;
North 80'49'46" East, 147.22 feet to a point on the South line
of a parcel of land as recorded in Book 924, under Reception Number
1849543 of the records of weld County.
Thence along said Southerly line the following 6 courses:
South 46'55'00" East, 55.57 feet,
South 57' 15'00" East, 70.00 feet.
South 70'45'00" East, 87.00 feet,
South 89'36'20" East, 140.00 feet,
North 80'49'49• East, 80.00 feet,
North 75'26'00• Nast, 60.00 feet,
to ai point on the South line of a parcel of land as recorded in
Boo): 1000, Page 83 of the records of Weld County.
Thence along said line, North 53'49'54• East, 201.24 feet to the
North line of the Northwest Quarter of section 28;
thence along the North line of the Northwest Quarter, South
89'36'20• East, 838.93 feet to the North Quarter Corner of said
Section 28;
thence along the North line of the Northeast Quarter, South
89',36' 20• East, 652.00 feet to a point of the South right-of-way
line of Weld County Road 66 as recorded in Book 924, under Reception
No. 1846036 of the records of Weld County.
Thence along said line the following 3 courses:
South 85'10'32• East, 908.55 feet;
South 89'37'44" East, 432.35 feet;
South 89'36'22• East, 486.26 feet
to a point on the West right of way line of the Great Western
Railway as recorded in Book 271, Page 319 of the records of Weld
County;
thence along said right-of-way line North 00' 14'35• West 70.00
feet to the North line of the Northeast Quarter of Section 28;
thence along the North line of the Northeast Quarter, South
89'36'20" East, 108.69 feet to the Northeast Corner of Section
28;
PAGE 3 8028657 C-3
SKLD WW 10 . 199 . 51 . 65 WE 2208866-1990 . 004
B 1259 AEC 02208866 03/26/90 09:46 ,*45.00 5/009
F 0620 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO
thence along the Bast line of the Northeast Quarter of said Section
28, South 00'12'57" East, 2632.37 feet to the East Quarter Corner
of said Section;
thence along the East line of the Southeast Quarter of said Section,
South 00' 13' 14" East, 2633.37 feet to the Southeast Corner of
Section 28;
thence along the South line of the Southeast Quarter, South
89'42'41" West, 2598.20 feet to the South Quarter Corner of said
• Section 28,
thence along the South line of the Southwest Quarter of said
Section, South 89'42'47" West, 554.37 feet;
thence North 00'00'00" East, 1086.31 feet;
thence North 81'I1 ' 14" West, 235.82 feet;
thence North 78'04'42" West, 678.38 feet;
thence North 60'18'55" West, 96. 58 feet;
thence North 62'58'59" West, 312. 74 feet;
thence South 00'00'00" West, 1 ,458.77 feet
to a point on the south line of the Southwest Quartec of said
Section 28,
thence along the South line of the Southwest Quarter of Section
26, South 89'42'47" West, 784.86 feet to the Southwest corner of
Section 28;
thence along the South line of the Southeast Quarter of the
Southeast Quarter of Section 29, South 89'38'26' West, 2 ,299.47
feet to the Southwest corner of the Southeast Quarter of the
Southeast Quarter of said Section 29,
thence North 00'01 '08" East, 1,320. 17 feet to the Northwest Corner
of the Southeast Quarter of the Southeast Quarter of said-Section
29,
thence along the West line of the Northeast Quarter of the Southeast
Quarter of said Section 29, North 00'02'07' East, 1,092.93 feet
to at point on the Southeasterly right of way line of Weld County
Road! 17 as recorded in Book 1040, under Reception Number 1977616
of the records of Weld County;
thence along said right-of-way the following 8 courses:
North 24'45'23' East, 232.68 feet to the beginning of a curve to
the right having a central angle of 31'00'00' and a radius of
1,027. 30 feet, whose long chord bears North 38'41 '40" East, 549.07
feel;,
thence along the arc of said curve 555.82 feet;
thence North 54'11 '40" East, 544. 12 feet,
thence along the arc of a curve to the left having a changing radius
(beginning radius 1,129.43 feet and ending radius 1,149.43 feet)
whose central angle is 21' 13'55" and whose long chord bears North
46' 15' 34" Rest, 420.28 feet to the beginning of a curve to the
left whose radius is 1,149.43 feet, having a central angle of
32' 46'05", whose long chord bears North 16'34'42" Bast, 648.45
feet,
thence along the arc of said curve 657.37 feet;
thence North 00' 11 '40' East, 356.00 feet;
thence North 3'37'11' West, 300.67 feet;
thence North 00'11 '40" East, 325.80 feet
to a point on the South right of way line of Weld County Road 66,
said point being the TRUE POINT OF BEGINNING.
EXCEPT that part of the East half of Section 28 as described in
PAGE 4 8028657 C-3
SKLD WW 10 . 199 . 51 . 65 WE 2208866-1990 . 005
B 1259 REC 02208866 03/26/90 09:46 845.00 6/009
P 0621 MARY ANN PEUERSTEIN CL•ERR & RECORDER WELD CO„ CO
deed to the Northern Colorado Construction Company recorded in
Book 271 at Page 319;
ALSO EXCEPTING THEREFROM a right of way 30 feet in width for county
road and public highway grante9 to the County of Weld by instrument
recorded March 14, 1910 in Book 327, Page 86 (weld County Road
64) .
PARCEL 2:
A parcel of land located in Sections 32 and 33, Township 6 North,
Ranee 67 West of the 6th P.N. , being more particularly described
as follows:
COMMENCING at the Northeast corner of said Section 33, and
considering the North line of the Northeast Quarter of said Section
33 to bear North 89'42'41" East with all bearings contained herein
relative thereto, said point being the TRUE POINT OF BEGINNING.
Thence along the East line of the Northeast Quarter of said Section,
South 00' 13 ' 34" East, 2631.83 •ffeet to the East Quarter Corner of
said Section 33;
thence along the East line of the Southeast Quarter of said Section,
South 13'34' 57• East, 2767.09 feet to the Southeast Corner of said
Section 33,
• thence along the South line of the Southeast Quarter of said
Section, South 89' 21 ' 19" West, 2542.50 feet to the South Quarter
Corner of said Section 33,
thence along the West line of the Southeast Quarter of said Section,
North 7'38 ' 30' West, 99.67 feet,
thence along the Westerly line of a parcel of land as recorded
in Book 742, Reception Number 1663722 of the records of Weld County,
North 14'32 '03" West, 2662.32 feet to the South line of thy.
Northwest Quarter of said Section 33;
thence along the South line of the Northwest Quarter of said
Section, South 89'03 '21" West, 1315.38 feet, to a point on the
• Northeasterly line of a parcel• of land as recorded in Book 742,
Reception Number 1664427 of the records of Weld County;
thence along said line the following 2 courses:
. . North 56' 25' 34" West, 1131 .43 feet) .
North 29'26'31" West, 685.87 feet
to the West line of the Southwes't'Quarter of the Northwest Quarter •
of said Section 33;
thence along the West line of the Southwest Quarter of the Northwest
Quarter of said Section, North 1'31 '04" West, 101 .01 feet to the
Northwest Corner of the Southwest Quarter of Northwest Quarter
of said Section 33,
thence along the South line of the Northeast Quarter of the
Northeast Quarter of Section 32, South 89'39'08" West, 1104.88
feet to the centerline of an existing county road;
thence along said centerline North 10'58 '41" West, 1123. 30 feet
to a point on the West line of the Northeast Quarter of the
Northeast Quarter of said Section 32;
thence along the West line of the Northeast Quarter of the Northeast
Quarter of said Section, North 3'49'58" West, 242.17 feet to the
Northwest corner of the Northeast Quarter of the Northeast Quarter
of said Section 32.
Thence along the North line of the Northeast Quarter of the
PAGE 5 8028657 C-3
SKLD WW 10 . 199 . 51 . 65 WE 2208866-1990 . 006
B 1259 REC 02208866 03/26/90 09:46 $45.00 7/009
F 0622 MARY ANN PEUERSTEIN CLERIC S RECORDER WELD CO, CO
Northeast Quarter of said Section, North 89' 38'26" East, 1299.47
feet to the Northeast corner of said section 32;
thence along the North line of the Northwest Quarter of Section
33, North 89'42'47" East 2598.56 feet to the North Quarter Corner
of said Section 33;
thence along the North line of the Northeast Quarter of said
Section, North 89'42'41" East 2596. 20 feet to the TRUE POINT OF
BEGINNING.
EXCEPT that part of the Northeast Quarter of the Northeast Quarter
of Section 33 and that part of the Southeast Quarter of the
Southeast Quarter of Section 33, all as described in deed to the
Northern 'Construction Company, recorded in Book 271 at Page :319;
EXCEPT that part of the Southeast Quarter of the Southeast Quarter
of said Section 33, described in deed to H. V. Crumly and Mazy
Ruby Crumly recorded in Book 1593 at Page 301, as corrected by
deed recorded in Sock 1594 at Page 514;
EXCEPT that part of the Southeast Quarter of the Southeast Quarter
of said Section 33 described in deed to Weld County recorded in
Book 996 at Page 620;
EXCEPT those parts thereof described in deeds to Weld County
recorded in Book 995 at Pages 161 and 162;
EXCEPT that portion of the Southeast Quarter of Section 33, as
conveyed in deed to H. V. Crumly and Mary Ruby Crumly recorded
in Book 614, Reception Number 1535604;
EXCEPT that portion of the Northeast Quarter of the Southeast
Quarter and the Southeast Quarter of the Northeast Quarter of said
Section 33 as described in the deed to the Northern Colorado
Construction Company recorded in Book 273, Page 2.
EXCEPT Right-of-way 30 feet in width for county road and public
highway granted to the county of Weld by instrument recorded March
14, 1910 in Book 327, Page 86. '
TOGETHER WITH all rights, title, and interest of the
Grantor in and to any wells and well rights, ditches
and ditch rights, reservoirs and reservoir rights,
belonging or in any way appertaining to the
above-described property, including, but not limited
to, forty (40) shares of the capital stock of The
Whitney Ditch Company, one hundred (100) shares of the
capital stock of The B. H. Eaten Company, and ,four (4)
shares of the capital stock of The New Cache La Poudre
Irrigation Company.
PAGE 6 8028657 C-3
— ..
SKLD WW 10 . 199 . 51 . 65 WE 2208866-1990 . 007
B 1259 REC 0220886., 03/26/90 09:46 545.00 8/00.
•
F 0623 MARY ANN PSUERSTBIN CLERK & RECORDER WELD CO, CO
•
•
' EXHIBIT "B" ATTACHED TO AND MADE A PART OF THE SPECIAL WARRANTY
DEED BETWEEN EASTMAN KODAK COMPANY ("THE GRANTOR") AND WINDSOR
RESOURCE CORPORATION ("THE GRANTEE")
'ANAL DESCRIPTION
OF THE P TAINED PARCEL
A parcel of land located in Section 28, Township 6
North, Range 67 West of the 6th P.M., Weld County,
Colorado more particularly described as follows:
commencing at the Southwest corner of said Section 28,
and considering the South line of the Southwest Quarter
of Section 28 to bear North 89'42'47" East With all
bearings contained herein relative thereto, thence
along the South line of the Southwest Quarter of said
Section North 89'42'47" East, 784.88 feet TO THE TRUE
POINT OF BEGINNING. Thence the following 7 courses;
North 00'00'00" East, 1458.77 feet,
South 62'58'59" East, 312.74 feet,
South 60'18'55" East, 96.58 feet,
South 78'04'42" East, 678.38 feet,
South 81'11'14" East, 235.82 feet,
South 00'00'00" West, 1086.31 feet,
South 89'42'47" West, 1259.31 feet, to THE TRUE
POINT OF BEGINNING.
EXCEPTING THEREFROM that portion of a right-of-way
30 feet in width for county road and public highway
granted to the county of Weld by instrument recorded
March 14, 1910, in Book 327, Page 86; (Weld County
Rued 64) located across the Southerly 15 feet of said
property containing 0.43 acres more or less.
SKLD WW 10 . 199 . 51 . 65 WE 2208866-1990 . 008
•
•
• B 1259 AEC 02208866 d3/26/90 09:46 445.00 9/009
F 0624 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO
•
EXHIBIT "C" ATTACHED TO AND MADE A PART OF THE SPECIAL WARRANTY
DEED BETWEEN EASTMAY KODAK COMPANY ("THE GRANTOR") AND WINDSOR
RESOURCE CORPORATION ("THE GRANTEE")
LEGAL DESCRIPTION
OF THE BENEFITTED PROPERTY
All real property owned by the Grantor in Sections 26,
27, 34, and 35, in Township 6 North, Range 67 West of
the 6th P.M., County of Weld, State of Colorado, as of
the date of this Special Warranty Deed.
SKLD WW 10 . 199 . 51 . 65 WE 2208866-1990 . 009
CERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICE
COUNTY OF WELD
The 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
The N1/2 of the SW 1/4 of Section 34,Township 6 North, Range 67 West of the 601 P.M.,County of Weld,
State of Colorado.
CONVEYANCES(If none appear, so state):
Reception No. 1525032 Book 603
Reception No. 2208866 Book 1259
Reception No. Book
Reception No. Book
Reception No. Book
Reception No. Book
Reception No. Book
Reception No. Book
Reception No. Book
Reception No. Book
Reception No. Book
__. Reception No. Book
The certificate is made for the use and benefit of the Department of Planning Services of Weld County,
Colorado.
This certificate is not to be constructed as and Abstract of Title nor and opinion of Title, nor a guarantee Title
and the liability of Transnation Title Insurance Company, is hereby limited to the fee paid for this Certificate.
In Witness Whereof,Transnation Title Insurance Company,has caused this certificate to be signed by its
proper officer this 12th day of February,2004, at 7:00 am.
TRANSNATION TITLE INSURANCE COMPANY
Order No. 8072933 17
----5—
By: / 6"-J % 2E. '/, �, 'L
{/ Autho " ed Signature
(Eastman Kodak)
e:
SOCK .VlJ3 $% , al
C) Recorded at o'clock M., DECDEG..1.8...1968
1525032 D�%[n
• tri Reception No ... ANN..SgOSAGIt...Reratder. i
THIS
RECORDER'S STAMP•
'.
1 H1S DEED, Made this 3 rN day of December ,19 68
between The Colorado Triangle Company
O., 1, a corporation duly organized and existing under and by virtue of the laws
' of the State of Colorado of the first part,and t'
N Eastman Kodak Company
O corporation duly organized and existing under and by virtue of the laws
In of the state of
New Jersey of the second part;
LPN
.--1 WITNESSETH,That the said party of the first part,for and in consideration of the sum of
1 •_.-
u L Ten Dollars and other good and valuable consideration raNZ'386L
-11 I to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby
con fried and acknowledged, bath grunted, bargained, sold and conveyed, and by these presents does grant, bargain,
r, sell,convey and confirm, unto the said party of the second part, its successors and assigns forever, all the following li %i
U parcels lyingbeing
described lots or of land,situate,I in and in the County of Weld
ad Orate or Colorado,to-wit:!
The Nii of the SWk of Section 34, Township 6 North, Range 67 West '
¢7 it of the 6th P.M., together with any and all water and water rights, l
ditch and ditch rights, flumes, canals and reservoirs appurtenant ill
cia II or relating thereto, including, but not limited to, 10 shares of
u stock in the B. H. Eaton Ditch Company.
tr
NO DOCUMENTARY FEE REQUIRED
TOGETHER, with all and singular the hereditansents and appurtenances thereunto belonging, or in anywise �1
.,,pertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all
the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or
equity,of,in and to the above bargained remises,with the hereditaments and appurtenances.
-'"-'----'—"'
p
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances unto the
II said party of the second part,its successors and assigns forever. And the said The Colorado Triangle II
Company,
•
II party of the first part,for itself, its successors and assigns,doth covenant, grant, bargain and agree to and with the
-.. h said party of the second part,its successors and assigns, that at the time of the ensealing and delivery of these area- i '
ent we
ll it is w e l sassed of the
e remises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of
I
inheritance, in law, in fee simple, and bath good right, full power and lawful authority to grant, bargain, sell and H
convey the same in manner and form aforesaid, and that the same are free and clear from all former and other I
--- grants,bargains,sales,liens,taxes,assessments and incumbrances of whatever kind or nature aoever; except the I I ---
I 1968 general property taxes and any and all district assessments for 1968; except l
rights of way recorded in Book 43 at page 327 and Book 459 at page 154, Weld -
County records; except the reservation of an undivided % interest in all oil, gash.
II,
--- 'I 'j and mineral rights in Book 492, reception No. 1,418,692; (cont. on back)
e 1 a*dt The,above bargained premises in the quiet and peaceable possession of the said party of the second part, its sue- 'i
•
er-xessors adl('assigns against all and every person or persons lawfully claiming or to claim the whole or any part I a
-,, •ill theEq of,the.safd,party of the first part shall and will WARRANT AND FOREVER DEFEND. l
'7TN WITNESS WHEREOF,The said party of the first part hath caused its corporate name to be hereunto sub- I
!, r �ib bfis, 'a president.and its corporate seal to be hereunto affixed,attested by its
_u s - I� se.re y.the.day and year first above written.
l
r la
� ,,i, .. Dr.. Q.b.EAR.4�7�G.RM.FACIY
—_ ew..e.n. ?newest..1 STATE OF COLORADO, 1I
pp
t,L•. IS34Triaci. County of Deaver 1
f..-:p.:....:...v..wwo wn.nrknnwiedeed before me this 13TM day of lle cembe z,
r.II,'1psAT}'by.'= . Larry M. Baker as President and ;il _
-.3 : H a�.p. Michael D. Groshek as Secretary of
a :, n \C n .
, Ii .The Colorado Triangle Company, a corporation. _— _._. _..-
,,.. My notarial commission expires Myfommission expire;Sept.74,19]P I
Witness my hand and official seal . _
ia. _ .._.. _. ..�QAddf,D y... . . ....
—'1
No 757.
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JAMES L. CUNNINGHAM 4 ..Cc
1S�J Fl—,-,7 ::ti-1TiAL BANK BLDG,
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AR22O$&66 B 1259 RED 02208866 03/26/90 09:46 045.00 1/009
F 0616 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO
State Dacumert3ry Pea
SPECIAL WARRANTY DEED Date.., 's�i./e7f.da.....
s /4241.10
THIS DEED, made and entered as of the I.2.--'day of March,
1990, between EASTMAN KODAK COMPANY, a New Jersey Corporation,
the mailing address of which, for purposes of this Deed, is
Windsor, Colorado 80551 ("the Grantor") , and WINDSOR RESOURCE
CORPORATION, a Colorado Corporation, the mailing address of
which, for purposes of this Deed, is 760 Whalers Way, Suite A200,
Fort Collins, Colorado 30525 ("the Grantee").
L'1= WITNESSETH:
That the Grantor, for and in consideration of the sum of
Ten Dollars ($10.00) and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged,
has granted, bargained, sold, and conveyed, and by these
presents does hereby grant, bargain, sell, convey, and confirm
unto the Grantee, its successors and assigns, forever, all the
real property, together with improvements, if any, situate,
lying, and being in the County of Weld, State of Colorado, which
is described on Exhibit "A" attached hereto and incorporated
herein by reference ("the Property").
TOGETHER WITH all and singular the hereditaments and
appurtenances thereto belonging, or in anywise appertaining, and
the reversion and reversions, remainder and remainders, rents,
issues, and profits thereof; and all the estate, title, title,
interest, claim, and demand whatooever of the Grantor, either in
law or equity, of, in, and to the Property, with the
hereditaments and appurtenances.
TO HAVE AND TO HOLD the Property with the appurtenances
unto the Grantee, its successors and assigns, forever. The
Grantor, for itself and its successors and assigns, does covenant
and agree that it shall and will warrant and forever defend the
Property in the quiet and peaceable possession of the Grantee,
its successors and assigns, against all and every person or
persons claiming the whole or any part thereof, by, through, or
under the Grantor.
The Grantor and the Grantee hereby expressly acknowledge
that the Property is being conveyed free and clear of all liens
and encumbrances except and subject to all easements and
rights-of-way in place or of record; all zoning and other
governmental rules and regulations; real property taxes for 1990
and all subsequent years; and an existing agricultural lease
which expires on December 31, 1990.
'rant of Aartcultural Easement'. The Grantor hereby grants
and conveys unto the Grantee, its successors and assigns,
forever, a perpetual, non-exclusive road easement and
right-of-way over and across the existing roads which traverse
the parcel of real property described on Exhibit "B" attached
hereto and incorporated herein by reference ("the Retained
Parcel") and over and across any roads hereafter constructed on
the Retained Parcel (or which are substituted for same) . the
easement hereby conveyed shall be non-exclusive, thereby allowing
the Grantor, its successors and assigns, the right to use said
existing roads but not to the exclusion of the Grantee, its
successors and assigns. The easements hereby granted may be
utilized by the Grantee, its successors and assigns, only as
access easements in connection with farming or other agricultural
activities conducted on the Property. The Grantor, its
successors and assigns, shall have the right, but not the
obligation, to maintain, repair, and rebuild the existing road or
roads (and any substitutes therefor) .
SKLD WW 10 . 199 . 51 . 65 WE 2208866-1990 . 001
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• F 0617 MARY ANN FEUERSTEIN CLERK RECORDER WELD CO, CO
Egfitr{ctive Covenant - He±aht Restriction. For a period of
twenty (20) years following the date of this Special Warranty
Deed, no buildings, structures, or other improvements of any kind
shall be constructed, erected, or installed on the easterly five
hundred feet (500') of the Property which exceed a height of
forty feet (40') . The foregoing restriction shall run with the
Property' and shall be binding upon all parties having any right,
title, or interest in the Property, or any part thereof, and
shall inure to the benefit of the Grantor, its successors and
assigns, and to any subsequent owners of the real property which
is described on Exhibit "C" attached hereto and incorporated
herein by reference ("the Benefitted Property") . The Grantee, by
accepting the conveyance of the Property, agrees that the
foregoing restriction shall be binding upon the Grantee, its
successors and assigns, and any other party having any right,
title, or interest in the Property or any part thereof. The
Grantor, its successors and assigns, and any subsequent owners of
the Benefitted Property, shall have the right to enforce the
foregoing restriction by proceedings at law or in equity against
any person or persons violating such restriction.
IN WITNESS WHEREOF, the Grantor and the Grantee has executed
this Special warranty Deed on the date set forth above.
EASTMAN KODAK COMPANY,
ATTEST::C1 a New Jersey Corporation
—7
-85 8 p N s...,, Asst. SecY y W OIF4tAlt:
,,,, WINDSOR RESOURCE CORPORATION,
, 0,� a Colorado orporation
f • 1 •yam .,
l x '1 S � W f l
:moo Tim IAr,w. H sler, era g , res dent
• ................ secretary
c'H
STATE OF NEW YORK )
ss.
COUNTY of )
The foregoing instrument wa a knowledged efore me this
day of March, 19224by ,4Q,t/,w.. ,P7 (,[,� as
Vice President and ,.,e, j}�nL,,.,n.,_ as Assistant
Secretary of EASTMAN KODAK COMPANY, a New Jersey Corporation.
WITNESS my hand and official seal.
My commission expires:
wrw IMIMLOWIAMIO MgQMIb alassi A >�G�ft.WfM/ `. r ��' �H
Notary Public • C
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,
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- 2 -
SKLD WW 10 . 199 . 51 . 65 WE 2208866-1990 . 002
•
E 1259 REC 02208866 03/26/90 09:46 845.00 3/009
F 0618 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO
STATE OF COLORADO )
SS.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this
),;„( day of March, 1990, by Craig Harrison, as President, and
Timothy W. Hasler, as Assistant Secretary, of WINDSOR RESOURCE
CORPORATION, a Colorado Corporation.
,-rfT
WITNESS my hand and official seal. ,p ........•
.....,. o+.,.
My commission expires: /,/, /I, rf • 0
as. o , n
• •
Notary Public ..
- 3 -
SKLD WW 10 . 199 . 51 . 65 WE 2208866-1990 . 003
•
B 1259 REC 02208866 03/26/90 09:46 N45.00 4/009
• F 0619 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
•
EXHIBIT A
2. Covering the Land in the State of Colorado, County of weld.
Described as:
PARCEL 1:
A parcel of land located in Sections 28 and 29, Township 6 North,
Range 67 West of the 6th P.M. , more particularly described as
follows:
COMMENCING at the Northwest corner of said Section 28, and
considering the North line of the Northwest Quarter of Section
28 to bear South 89' 36'20• East with all bearings contained herein
relative thereto;
thence South 34'07'42• East, 84. 95 feet to a point on the South
right-of-way line of Weld County Road 66 as recorded in Book 924,
under Reception Number 1846035 of the records of Weld County, said
point being the TRUE POINT OP BEGINNING.
Thence along said sight-of-way line the following 2 Courses:
South 89'36'47" East, 931 . 38 feet;
North 80'49'46" East, 147.22 feet to a point on the South line
of a. parcel of land as recorded in Book 924, under Reception Number
1849543 of the records of Weld County.
Thence along said Southerly line the following 6 courses:
South 46'55'00" East, 55. 57 feet,
South 57' 15'00" East, 70.00 feet,
South 70'45'00" East, 87.00 feet,
South 89'36'20" East, 140.00 feet,
North 80'49'49" East, 80.00 feet,
North 75'26'00" Seat, 60.00 feet,
to ai point on the South line of a parcel of land as recorded in
Book 1000, Page 83 of the records of Weld County.
Thence along said line, North 53'49'54• East, 201.24 feet to the
North line of the Northwest Quarter of Section 28;
thence along the North line of the Northwest Quarter, South
89'36'20' East, 838.93 feet to the North Quarter Corner of said
Section 28;
thence along the North line of the Northeast Quarter, South
89'36' 20• East, 652.00 feet to a point of the South right-of-way
line of Weld County Road 66 as recorded in Book 924, under Reception
No. 1846036 of the records of Weld County.
Thence along said line the following 3 courses:
South 85'10'32' East, 908.55 feet;
South 89'37'44' East, 432.35 feet;
South 89'36'22" East, 486.26 feet
to a point on the West right of way line of the Great Western
Railway as recorded in Book 271, Page 319 of the records of Weld
County;
thence along said right-of-way line North 00' 14'35' West 70.00
feet to the North line of the Northeast Quarter of Section 20;
thence along the North line of the Northeast Quarter, South
89'36'20• East, 108.69 feet to the Northeast Corner of Section
28;
PAGE 3 8028657 C-3
SKLD WW 10 . 199 . 51 . 65 WE 2208866-1990 . 004
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B 1259 REC 02208866 03/26/90 09:46 *45.00 5/009
F 0620 MARY ANN FEUERSTEIN CLERK b RECORDER WELD CO, CO
thence along the Sast line of the Northeast Quarter of said Section
28, South 00' 12'57" East, 2632. 37 feet to the East Quarter Corner
of said Section;
thence along the East line of the Southeast Quarter of said Section,
South 00' 13 ' 14• East, 2633. 37 feet to the Southeast Corner of
Section 28;
thence along the South line of the Southeast Quarter, South
89'42 '41" West, 2598.20 feet to the South Quarter Corner of said
Section 28,
thence along the south line of the Southwest Quarter of said
Section, South 89'42'47" West, 554.37 feet;
thence North 00'00'00" East, 1086.31 feet;
thence North 81'11 ' 14" West, 235.82 feet;
thence North 78'04 '42" West, 678.38 feet;
thence North 60'18'55" West, 96. 58 feet;
thence North 62'58'59" West, 312. 74 feet;
thence South 00'00'00" West, 1,458.77 feet
to a point on the South line of the Southwest Quartet of said
Section 28,
thence along the South line of the Southwest Quarter of Section
25, South 89'42'47" West, 784.88 feet to the Southwest corner of
Section 28;
thence along the South line of the Southeast Quarter of the
Southeast Quarter of Section 29, South 89'38'26" West, I,299.47
feet to the Southwest corner of the Southeast Quarter of the
Southeast Quarter of said Section 29,
thence North 00'01 '08• East, 1,320. 17 feet to the Northwest Corner
of the Southeast Quarter of the Southeast Quarter of said-Section
29,
thence along the West line of the Northeabt Quarter of the Southeast
Quarter of said Section 29, North 00'02'07" East, 1,092.93 feet
to a point on the Southeasterly right of way line of Weld County
Road 17 as recorded in Book 1040, under Reception Number 1977616
of the records of Weld County;
thence along said right-of-way the following 8 courses:
North 24'45'23" East, 232.68 feet to the beginning of a curve to
the right having a central angle of 31'00'00• and a radius of
1,027.30 feet, whose long chord bears North 38'41'40" East, 549.07
feet,
thence along the arc of said curve 555.82 feet;
thence North 54' 13 '40" East, 544. 12 feet,
thence along the atc of a curve to the left having a changing radius
(beginning radius 1,129.43 feet and ending radius 1,149. 43 feet)
whose central angle is 21'13'55" and whose long chord bears North
46' 15' 34" East, 420.28 feet to the beginning of a curve to the
left whose radius is 1, 149.43 feet, having a central angle of
32' 46'05•, whose long chord bears North 16'34'42" Bast, 648.45
feet,
thence along the arc of said curve 657.37 feet;
thence North 00'11 '40" East, 356.00 feet;
thence North 3'37' 11" West, 300.67 feet;
thence North 00'11 '40" East, 325.80 feet
to a point on the South right of way line of Weld County Road 66,
said point being the TRUE POINT OF BEGINNING.
EXCEPT that part of the East half of Section 28 as described in
PAGE 4 8028657 C-3
SKLD WW 10 . 199 . 51 . 65 WE 2208866-1990 . 005
B 1259 REC 02208866 03/26/90 09:46 545.00 6/009
F 0621 MARY ANN PEUERSTEIN CLERK & RECORDER WELD CO, CO
•
deed to the Northern Colorado Construction Company recorded in
Book 271 at Page 319;
ALSO EXCEPTING THEREFROM a right of way 30 feet in width for county
road and public highway grante9 to the County of Weld by instrument
recorded March 14, 1910 in Book 327, Page 86 (weld County Road
64) .
PARCEL 2:
A parcel of ]and located in Sections 32 and 33, Township 6 North,
Range 67 West of the 6th P.M. , being more particularly described
as follows:
COMMENCING at the Northeast corner of said Section 33, and
considering the North line of the Northeast Quarter of said Section
33 to bear North 89'42 '41" East with all bearings contained herein
relative thereto, said point being the TRUE POINT OF BEGINNING.
Thence along the East line of the Northeast Quarter of said Section,
South 00' 13 ' 34" East, 2631. 83 'feet to the East Quarter Corner of
said Section 33;
thence along the East line of the Southeast Quarter of said Section,
South 13'34 '57" East, 2767.09 feet to the Southeast Corner of said
Section 33,
• thence along the South line of the Southeast Quarter of said
Section, South 89'21 ' 19" West, 2542.50 feet to the South Quarter
Corner of said Section 33,
thence along the West line of the Southeast Quarter of said Section,
North 7'38' 30" west, 99.67 feet,
thence along the Westerly line of a parcel of land as recorded
in Book 742, Reception Number 1663722 of the records of Weld County,
North 14' 32 '03" West, 2662.32 feet to the South line of tht.
Northwest Quarter of said Section 33;
thence along the South line of the Northwest Quarter of said
Section, South 89'03' 21" West, 1315. 38 feet, to a point on the
Northeasterly line of a parcel of land as recorded in Book 742,
Reception Number 1664427 of the records of Weld County;
thence along said line the following 2 courses:
• • . • North 56' 25'34" West, 1131 .43 feet;
North 29'26'31" West, 685.87 feet
to the West line of the Southve's't'Quarter of the Northwest Quarter
of said Section 33;
thence along the West line of the Southwest Quarter of the Northwest
Quarter of said Section, North 1'31 '04" West, 101 .01 feet to the
Northwest Corner of the Southwest Quarter of Northwest Quarter
of said Section 33,
thence along the South line of the Northeast Quarter of the
Northeast Quarter of Section 32, South 89'39'08" West, 1104.88
feet to the centerline of an existing county road;
thence along said centerline North 10'58 '41" West, 1123. 30 feet
to a point on the West line of the Northeast Quarter of the
Northeast Quarter of said Section 32;
thence along the west line of the Northeast Quarter of the Northeast
Quarter of said Section, North 3'49'58" West, 242. 17 feet to the
Northwest corner of the Northeast Quarter of the Northeast: Quarter
of said Section 32.
Thence along the North line of the Northeast Quarter of the
PAGE 5 8028657 C-3
SKLD WW 10 . 199 . 51 . 65 WE 2208866-1990 . 006
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• B 1259 REC 02208666 03/26/90. 09:46 ;345.00 7/009
F 0622 MARY ANN PEVERSTEIN CLERK & RECORDER WELD CO, CO
•
Northeast Quarter of said Section, North 89'38'26" East, 1299.47
feet to the Northeast corner of said Section 32;
thence along the North line of the Northwest Quarter of Section
33, North 89'42 '47" East 2598.56 feet to the North Quarter Corner
of said Section 33;
thence along the North line of the Northeast Quarter of said
Section, North 89'42'41" East 2598.20 feet to the TRUE POINT OF
BEGINNING.
• EXCEPT that part of the Northeast Quarter of the Northeast Quarter
of Section 33 and that part of the southeast Quarter of the
Southeast Quarter of Section 33, all as described indeed to the
Northern Construction Company, recorded in Book 271 at Page 319;
EXCEPT that part of the Southeast Quarter of the Southeast Quarter
of maid Section 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;
EXCEPT that part of the Southeast Quarter of the Southeast Quarter
of ,said Section 33 described in deed to Weld County recorded in
Book 996 at Page 620;
EXCEPT those parts thereof described in deeds to Weld County
recorded in Book 995 at Pages 161 and 162;
EXCEPT that portion of the Southeast Quarter of Section 33, as
conveyed in deed to H. V. Crumly and Mary Ruby Crumly recorded
in Book 614, Reception Number 1535604;
EXCEPT that portion of the Northeast Quarter of the Southeast
Quarter and the Southeast Quarter of the Northeast Quarter of said
Section 33 as described in the deed to the Northern Colorado
Construction Company recorded in Book 273, Page 2.
EXCEPT Right-of-way 30 feet in width for county road and public
highway granted to the county of weld by instrument recorded March
14, 1910 in Book 327, Page 86. "
TOGETHER WITH all rights, title, and interest of the
Grantor in and to any wells and well rights, ditches
and ditch rights, reservoirs and reservoir rights,
belonging or in any way appertaining to the
above-described property, including, but not limited
to, forty (40) shares of the capital stock of The
Whitney Ditch Company, one hundred (100) shares of the
capital stock of The B. H. Eaton Company, and • four (4)
shares of the capital stock of The New Cache La Poudre
Irrigation Company.
PAGE 6 8028657 C-3
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. 65 WE 2208866-1990 . 007 _
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F 0623 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
•
' EXHIBIT "B" ATTACHED TO AND MADE A PART OF THE SPECIAL WARRANTY
DEED BETWEEN EASTMAN KODAK COMPANY ("THE GRANTOR") AND WINDSOR
RESOURCE CORPORATION ("THE GRANTEE")
LEGAL DESCRIPTION
OF THE RETAINED PARCRT,
A parcel of land located in Section 28, Township 6
North, Range 67 West of the 6th P.M., Weld County,
Colorado more particularly described as follows:
Consenting at the Southwest corner of said Section 28,
and considering the South line of the Southwest Quarter
of Section 28 to bear North 89'42'47" East with all
bearings contained herein relative thereto, thence
along the South line of the Southwest Quarter of said
Section North 89°42'47" East, 784.88 feet TO THE TRUE
POINT OF BEGINNING. Thence the following 7 courses:
North 00'00'00" East, 1458.77 feet,
South 62'58'59" East, 312.74 feet,
South 60'18'55" East, 96.53 feet,
South 78'04'42" East, 678.38 feet,
South 81'11'14" East, 235.82 feet,
South 00'00'00" West, 1086.31 feet,
South 89'42'47" West, 1259.31 feet, to THE TRUE
POINT OF BEGINNING.
EXCEPTING THEREFROM that portion of a right-of-way
30 feet in width for county road and public highway
granted to the County of Weld by instrument recorded
March 14, 1910, in Book 327, Page 86; (Weld County
Road 64) located across the Southerly 15 feet of said
property containing 0.43 acres more or less.
SKLD WW 10 . 199 . 51 . 65 WE 2208866-1990 . 008
•
B 1259 REC 02208866 03/26/90 09:46 845.00 9/009
F 0624 MARY ANN FEUERSTEIN CLERK a RECORDER WELD CO, CO
•
' EXHIBIT "C" ATTACHED TO AND MADE A PART OF THE SPECIAL WARRANTY
DEED BETWEEN EASTMAN KODAK COMPANY ("THE GRANTOR") AND WINDSOR
RESOURCE CORPORATION ("THE GRANTEE")
LEGAL DESCRIPTION
OP THE BENEPITTF.D PROPERTY
A11 real property owned by the Grantor in Sections 26,
27,, 34, and 35, in Township 6 North, Range 67 West of
the 6th P.M., County of Weld, State of Colorado, as of
the date of this Special Warranty Deed.
SKLD WW 10 . 199 . 51 . 65 WE 2208866-1990 . 009
Hello