HomeMy WebLinkAbout360003.tiff •
{ , Cc Dept. No. 21556
,.. 131
7
AGREEMENT
between
UNION PACIFIC RAILROAD COMPANY _—.___ _
-- — . .-- •
and
COUNTY OF WELD, STATE OF COLORADO
I
Dated APR 20 1936
1936.
r _
•
Covering right of way in Weld County
to be used for highway purposes.
DUPLICATE ORIGINAL
County Copy
4-7-36
360003
•
•
•
THIS AGREEMENT, made and entered into this
day of L t; e , 1936, '
by and between UNION PACIFIC RAILROAD COMPANY, a corporation
of the State of Utah. (hereinafter called "Lessor") , party of�
the first part, and COUNTY OF WELD, STATE OF COLORADO (here-
inafter called "Lessee") , party of the second part, WITNESSETE:
Section 1. The Lessor hereby .leases to the Lessee
for a period commencing on the 18th day Of April, 1936, and
terminating twentyfive' (25) years thereafter, unless sooner '
terminated in accordance with the terms hereof, the following
described strip or parcel of land situate in the County of '
Weld,_ State of Colorado, to be used for highway purposes
only;
A strip,; piece or parcel of land situate in the
Northwest Quarter (Mt) of Section Three (3) and in
the East Half '(Ef) of Section Four (4) , Township
Three (3) North, Range Sixty-seven (67) West of the
Sixth Principal Meridian, in Weld County, Colorado,
described as follows, to wit:
Beginning at a point in the north line of said
Section Three (3) that is one hundred fifty (150)
feet distant northwesterly, measured at right
angles, from the center line of the main track of
the Lessor, which said center line of main track
intersects the north line of said section at a
point thereon that is one thousand one hundred
eighty-seven and six-tenths (1187.6) feet, more
or less, distant east of the northwest corner
thereof;
thence east along said north line of Section
Three (3) to a point that is seventy (70) feet
- distant northwesterly, -measured at right angles,
from said center line of main track;
thence southwesterly along a straight line paral-
lel with said center line of main track to a point
in a straight line intersecting said center line of
main track at right angles at Railroad Survey Sta-
tion 2026 plus 00 thereof, which is a point thereon
that is nine' hundred' eighty-one and eight-tenths
(981.8) feet,, more or less, distant southwesterly,
measured along' said center line of main track, from
said north line of Section Three' (3) .
thence southwesterly along a straight line to a
point that is one hundred ten (110) feet distant
northwesterly from. said center line of main track
when measured along a straight line intersecting
1
said center line of main track at right angles
at. Railroad, Survey Station 2024 plus 00 thereof;
thence southwesterly ,along a line parallel with •
. and ,one .hundred: ten ,(110) , feet distant northwesterly .
measured at right angles and/or`-radially, from said
oenter line 'of :main track to a 'point in. a 'straight
- line' that -is parallel with and'.sixty (60) feet dis-
taint southeriy,-'measured at right-angles, from the,
east' and west. oenter line of said Section Four .(4) ;
"`thence` westerly along said `straight line that is '
parallel 'with 'and ,sixty •(60) feet distant southerly,
measured * right angles, 'from••said `east and west •
center line of,Section ,Four (4) 'to :a- point .that 'i•s
Pone hundred fifty (150)- feet distant northwesterly,
measured radially, . from said oenter. line of main
track;
thence northeasterly alonga .line that, is paral-
lel with and one hundred'.fifty ';(160) , feet distant
northwesterly, measured :radially and/or at right ,
angles from said center line'of main track; to 'the
• point of,, beginning. '
EXCEPTING from the abeve' described strip .of land
any part thereof which is included within those 'certain.
pieces or' parcels . of land leased' by said. Lessor .to'.The Great
Western Sugar.Company for ,use' in connection with the' ;main-
tenance and operation' of a beet dump and fadilitiea 'appurte-
nant thereto said parcels' leased• 'to• The Great Western Sugar
Company being shown intgreen tint -on 0 E. Drawing.•53009,
dated March _12, ..2936', 'marked "Exhibit-A" ,and• hereby•made; a
part heroof; • .
The premises hereby leased to the Lessee are shown
outlined by yellow lines on said Exhibit A.
. ;Section -2. AS M. consideration• for'this . lease the.
Lessee agrees to .pay :in• advance to the Lessor a rental, of
five dollars (05.00) per annum; - to' assume= all taxes and
assessments levied upon the leased premises during the con-
tinuance of'thi's lease,, not including taxes. or assessment's•
levied against the leased preinisea'. as a component part,.�of the'
railroad . property' of the' Lessor in- the state as
construct and maintain' the highway On the: leased premi`ses'. in
accordance with plans ,and' profiles 'submitted to: and','appreyed
by the Chief ,Engineer of the Lessor before the work is
commenced; •. to keep the-leased premises free from ,combust ble ',
al materi ; to plant no "trees ,or shrubb'ery,' and to .ereot _ „
structures thereon except such as •may`•be necessary for hi\glil`
way purposes; to put• nothing upon the leased premises wh•,olir,,
might obstruct' or' interfere with 'the the,
to' p'rovide, in\ k
locations 'and ,in accordance with `plans approved .by the" Les ort • "
before the work is''.00mmcnced,, such- ditches,, -:culvert's, 'bridges' '•,'
and other' structures as';may' be necessary properly to care Dr
the draihage 'from said premises and the adjoining right 'ef2
1.4 •
•
way of the Lessor; and to hold the Lessor harmless from any
. and all damages to any of such structures on said leased •
premises arising from fire caused directly or indirectly by
sparks or fire emitted from the engines or trains of the
Lessor;. and further toehold the Lessor harmless from any
damages to the highway upon the leased premises which may
result from the construction or maintenance of drainage
ditches or waterways, by the Lessor.
The Lessee :shall, in the construction, maintenance ' .' '
• and improvement 'of the highway on the, leased ,premises, take
every precaution to prevent damage to,, ;or the impairment of
the stability of; the poles in any pole, line of the Lessor
or of its tenants;. end :the Lessee shall, at .its own expense;* :,
reset or relocate, at "and,under the direction of the Lessor
• any pole or .poles-that, are, or are likely to be, damaged or
• weakened because Of the construction Of said highway or the
maintenance or improvement of the sate; 'or shall reimburse
the Lessor for the cost. of resetting or relocating any such
• poie.Or peles• .if, the Lessor elects to 46 the work itself. , '
••
Seetion ,3. In connection with the construction of.:
'the highway On the leased premises. the Lessee shall assume th;
cost of any necessary. changes within the limits of the right. ,
of way of the Lessor in' the construction, grade or drainage
of highways or other raadways crossing said right of way.
Section 4. The Lessor reserves the right to take
possession of all or any portion of the leased premises when-
• ever the use thereof may become necessary or expedient, in
the judgment of the Lessor, for railroad purposes, including
the location of public or private warehouses, elevators, or
other structures with the design to facilitate and promote
traffic, or for, or ' in connection with, drilling for or
mining of oil, gas, coal and other minerals of whatsoever
nature underlying the leased premises by the Lessor or by
others with its .permission; PROVIDED, however, that in the ,
event the Lessor eleots 'to take possession of all or any
portion of the leased premises in accordance with this reser
ration, it shall first serve upon the Lessee ninety (90) days '
written notice of such election.
Section 5. - The Lessor reserves the right to cross A
the leased premises with such railroad tracks as may be re-
quired for its convenience or purposes in such manner as not
unreasonably to interfere with their use as a public highway.
Tn the event the Lessor shall place tracks upon the 'leased
premises in acoordance with this reservation, it shall, upon ,
completion of such' tracks, restore the, highway across the
same to its former state of usefulness. •
Section 6. The Lessee shall not use the leased
premises or permit them:to be. used except• for the usual and
Ordinary purposes of a street or highway, and it is expressly
understood and agreed •that such purposes ' shall not be deemed:
to include the use by the Lessee, or by others, of the leased.
3
•
premised for ''railroad, street or interurban railway or- other
rail transportation 'purposes' or for ' the construction or main-
tenance of 'electric"'power -transmission= lines, gas; .oil' or•..'
gasoline pipelines. .
'Section 7. This lease is 'subject ' to all outstand . ,
lug' superior•rights- (including those 14 favor of telegraph an . :
telephone oompanie's, ' and leases' to.. abutting property owners. .
' , and others) and to ,the right of the •Lessor to ,renew' and exten
• the same; and i't 'is understood that .nothing in this lease ' :
contained shall be construed as a covenant to put the Lessee,
into possession 'or to protect the L&ss'ee, in the peaceable
,possession 'of, said premises. .
.
• Section 8. No speoial assessments for'establishin '
or improving the highway located upon' the leased premises are.
. to be made ' against the adjacent railroad right of way of the
' Lessor, and the Lessee. agrees to protect the Lessor against
.and save it harmless from-such special, assessments. .
Section 9. The Lessee agrees that, at points
where the Lessor at the date hereof maintains a fence on.its'
right• of way ' between its track and the inner margin of the ' '
• leased premises; the Lessee will; at' itsOwn' cost and expense,.
move such •fence to. the inner margin of the leased premises, , .
and that, at points where the Lessor does not maintain a
fence in such. location, the Lessee will construct a- fence on
the inner margin of the leased premises when and where re
quested in writing by the Lessor: • The Lessee, further, agrees
to assume the. responsibility oonstruoting' or of making
such arrangements as maybe necessary with owners. •or':lessees
of 'property abutting upon the- right of way along 'the 'line of •
' said highway for -constructing, maintaining and repairing
fences on the.. outer margin of the Lessor''s, right' of.' way;'
and 'to relieve the Lessor of all obligation; if. any there '
be-, to establish or'maihtain fences upon the outer margin of
its right of way and of 'all expense incident to' the. construe-
' 'tion, maintenance and repair 'of, such fences. ' In 'the re '
location of existing fences and -in the construction of- new .
• fences in accordance with the provisions of this section;
the Lessee shall, at its own cost and expense, also relocate
or construct' such wing fences that may be necessaxyUand elso;
any necessary connections with existing fences ofrthe Lessor,:
All fences 'shall' be in accordance' with the standards ofi t 'tic-
Lessor and all work of. relocating and constructing fences\
shall be done in a manner 'satisfactory to the' Ledeor. ' '
Section ' ,.10 ' , For' the •purpose' of protecting ';the (Y`
reversionary interests orthe Lessor against the assertion
of adverse rights, the Lessee agrees to prevent encroach':h\ �
ments upon the leased premises, and-to this end wi11, at ,it'p .
' own expense, take all 'necessary action; 'inoluding1as farr,as\ °: ,
practicable the building of its ditches .on and' the• borrowi'n'g '
of earth from the' outer margin of -said leased premises' ..-”V: ,
•
Seotion 11. If the Lessee should breach or fail
to keep any of the covenants or conditions hereof, or fail
to perform such covenants or conditions, or to remedy the
same for thirty (30) days after written notice of such fail-
ure or breach on the part of the Lessee, given by the Lessor
to the Lessee, then this lease shall be null and void.
Seotion 12. Non-user by the Lessee of the leased
premises for highway purposes continuing at any time during
the term hereof for a period of eighteen (18) months shall,
at the option of the Lessor, work a termination of this lease ,
and of all rights of the Lessee hereunder, and non-user by
the Lessee of a portion of said leased premises continuing
for a like period shall, at the option of the Lessor, work a
termination of all rights and interests of the Lessee with
respect to such portion.
Section 13. This lease is not to be assigned, nor
is any portion of the leased premises to be sublet, without
the written consent of the Lessor. The Lessee will sur-
render peaceable possession of said premises at the expira-
tion of this lease.
Section 14. All covenants and agreements herein
recited are made by the parties hereto for, and shall be bind-
ing upon, themselves and their suooessors and assigns.
IN WITNESS WdEREOF, the parties hereto have caused
this instrument to be executed in duplicate as of the date
first herein written.
Witness: UNION PACIFIC RAILROAD COMPANY,
By e `'�`�—�
Exeout _ e -Vice President.
Attest: = •
seal)
Assistant oretary.
Witness: COUNTY
OF WELD, STA I1ATTEp OF COLO 0,
al rd of County�C,m E
Xi's: Chairman,
Attest: Commissioners.
araza47tpea1)
Co yc •ere
1/ 5
, RESOLUTION . ' ' ,
WHEREAS; UNION'PACIFIC RAILROAD COWPANY has tendere
to the COUNTY OF WELD, STATE OF COLORADO, an'-agreement cover
ing the leasing to the Oounty' of•-land ''described in said agree
ment to be used for highway purposes;, for a term Of twenty
• Live . years. beginning:April• 18, 1936; said igeeement being"
, .identified as Union Pacific Railroad Companys"'Contract -Do-
�, partment No. 21556; and ' •
• " ie•EAS, the Board of County Commissioners' ofWeld '
stifles has said proposed agreement before it aas given it.' . '
careful 'review and consideration,•' ',and
• ' WHEREAS; is considered that the best interests
of said County of Weld will be subserved by the acceptance of
said agreement; ' , . ' '
THEREFORE, ' BE IT RESOLVED BY THE BOARD OF -COUNTY
COP, ISBZONERS 'OF THE 'COUNTY OF WELD, STATE' OF COLORADO:- - ,
That the terms of the agreement submitted by Union' •
Pacific Railroad Company as aforesaid be, and the: same are
hereby, aodepted in behalf of the County. of Weld, state of,
Colorado;
That the Chairman et the Board •of County commission vs
of said County is hereby authorized', . empowered and -directed
to execute said agreement on behalf of said County, and that
the County Clerk is hereby authorized and directed to attest '
said agreement and to attach to each duplicate original of ••
said agreement a certified copy of this resolution.
STATE OF COLORADO ) ' • '
es
COUNTY' OF WELD )
I, ,• /i' County Clerk of the
County of Weld, S ate o` olo�gdo, er y certify that the
above and foregoing is a. true, full and coreect copy of a
resolution adopted by the Board of County Commissioners of
the County of Weld, State of Colorado, at a meeting he d
according to la yr at, G�, eley,e Colorado, `on the coo -'
day of 6/ , 1936, as the same appears
on file and of record in this office.
IN 'TESTIMONY WHEREOF, 'I have hereunto set niy hand
and affixed the::seal -of=-the County 'of Weld; State of Colorado
this „24 ---- day off" L l.?,.f , 1936.
.County Ole k' 't t. county`:oT
(Seal) ' eld ate of Colo ado.
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EP TY COUNTY GLEIIK
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