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Home My WebLink About800871.tiff N Li< OFFICE OF WELD COUNTY CLERK AND RECORDER DEPARTMENT OF CLERK TO BOARD PHONE (303) 356-4000 EXT. 223 C. P O. BOX 459 1 GREELEY,LE Y, COLORADO 80631 COLORADO December 22, 1980 Dear Mr. Meyer, In the board meeting of December 22, 1980 the Board of County Commissioners elected not to renew agreement C.D. No. 18618. Research conducted by myself and the County Engineer ' s office revealed that the 0. 36 acres in this lease is no longer being used by Weld County as road right-of-way. Thank you for your assistance in this matter. 7 Keitha White Deputy County Clerk 800871 • RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DECEMBER 22, 1980 TAPE #80 - 109 & 110 The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity with the law and bylaws of said Board at the regular place of meeting in the Weld County Centennial Center, Greeley, Colorado, on Monday, December 22, 1980, at the hour of 9:00 A.M. ROLL CALL: The meeting was called to order by the Chairman and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner Bill Kirby, Chairman Commissioner Leonard Roe, Pro Tem, excused Commissioner Norman Carlson Commissioner Lydia Dunbar Commissioner June Steinmark Also present: Acting Clerk to the Board, Jeannette Ordway County Attorney, Thomas 0. David MINUTES APPROVED: Commissioner Dunbar made a motion to approve the minutes of the Board of County Commissioners' meeting of December 17, 1980 as written. Commissioner Carlson seconded the motion and it carried unanimously. ADDITIONS AND DELETIONS TO THE AGENDA: None APPOINTMENTS, HEARINGS, REPORTS AND COMMUNICATIONS: The Board approved those listed on the agenda with the following additions: COMMISSIONER COORDINATOR REPORT: Commissioner Carlson reported that cinders were spread on County roads Friday, Saturday and Sunday. County roads are being graveled. Commissioner Carlson reported that he has asked the County Engineer to contact the City of Greeley regarding a forth- coming annexation and the disposition of County roads in and around the property to be annexed. CLAIMS APPROVED: Commissioner Steinmark made a motion to approve the following claims: Social Service Claims Social Service - correction from December 17, Board meeting delete $54.00 Payroll Human Resources $1,593.11 Handwritten Warrants General Fund $798,381. 72 Commissioner Carlson seconded the motion and it carried unanimously. REORGANIZATION OF BLOOD BANK USE COMMITTEE: The Board established a Blood Bank Use Committee, 1 !'� f by resolution dated April 6, 1977, to monitor an established policy con- cerning the Weld County Blood Bank. The Committee has not been active for sometime, but the need for a committee continues to exist, and a committee was established in August, 1980 to develop, monitor and administer a policy for the Employees Sick Leave Bank. The nature of the two Committees is similar and the functions can be handled by one body rather than two. Commissioner Steinmark made a motion that the Weld County Sick Leave Bank Governing Board shall also fulfill the res- ponsibilities and functions of the Blood Bank Committee, and further that all terms and appointments of the two committees shall be the same. Commissioner Dunbar seconded the motion and it carried unanimously. EMERGENCY ORDINANCE 60-A, HEALTH DEPARTMENT FEES FOR TESTING WATER: The County Attorney read Ordinance #60-A, in the matter of the repeal and re-enactment with amendments of Ordinance No. 60 regarding fees for the testing of drinking water and pollutant discharges performed by the Weld County Health Department, into the record. Commissioner Steinmark made a motion to approve Emergency Ordinance #60A and directed publication forthwith. Commissioner Dunbar seconded the motion and it carried unanimously. EMERGENCY ORDINANCE 82, HEALTH DEPARTMENT FEES: After the County Attorney read Ordinance 82; in the matter of the setting of fees for services provided by the Weld County Health Department, into the record, Commissioner Dunbar made a motion to approve Emergency Ordinance #82 and directed publication forth- with. Commissioner Carlson seconded the motion and it carried unanimously. DECLARATION OF INTENT RE: UPRR LEASE CD 18618, ROAD ROW FOR OLD CR 39: The County Attorney % reviewed the location of this lease and recommended that it be renewed. The Chairman questioned if the memorandum in this file from the Clerk to the Board's office incorrect. The memorandum recommended that said lease not be renewed because it appears that the 0.36 acre ROW has not been used since the early 1960's when Highway 85 was updated to 4 lanes. Gil Olson has reviewed the file and concurs with the determination that said ROW is not presently being used as Weld County road ROW. Commissioner Steinmark made a motion that UPRR Company be notified that we do not wish to renew this lease. Commissioner Carlson seconded the motion and it carried unanimously. The Board concurred that a letter should be writtt to UPRR explaining which ROW we do need. The State Highway Department should also be consulted regarding the needed ROW. PLANNING DEPARTMENT: E. CHARLES RYBERG, VIOLATION #63:77:11: Cathy Gerstberger, Zoning Inspector, stated that the property on which the violation is occurring is described as Pt. SE' Section 24, T1N, R66W of the 6th P.M. , Weld County, Colorado. The property is located 1 mile north of Lochbuie. The zoning violation is a commercial house moving operation in the Agricultural Zone District which is in violation of Section 3.3.B. of the Weld County Zoning Resolution. Random inspections after March 1980 showed that Mr. Ryberg has not complied with the Development Standards of said special use permit by allowing an oil treatment facility within the special use permit area. It is the opinion of the Planning Staff that legal action should immediately be initiated against Ernie Ryberg. Mrs. Gerstberger presented a petition signed by adjacent landowners which requested closure of Mr. Ryberg's facility. Commissioner Carlson made a motion to direct the County Attorney to proceed with legal action on this violation. Commissioner Steinmark seconded the motion and it carried unanimously. RESOLUTIONS: Presented as listed on the agenda. Let the mintues reflect that the above and foregoing actions are attested to and respectfully submitted by the Acting Clerk to the Board. There being no further business -the meeting was adjourned at 9:40 A.M. - APPROVED: BOARD OF COUNTY COMMISSIONERS. WELD COUNTY, COLORADO ATTEST: WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: - Deputy County Clerk Page 3, December 22, 1980 • • mEmoRAnDum To COICCtlssioners Date December 18 , 1980 COLORADO From Keitha White, Deputy Clerk to the Board subject: Union Pacific Railroad lease C.D. No. 18618 After receiving the attached letter from UPRR regarding Weld County' s intent to renew lease C.D. No. 18618, I researched our file to determine if said road ROW was still being used by Weld County. My research revealed that said lease was initiated in 1931 and has been renewed at the end of each term ever since. However, it appears that the 0. 36 acre ROW has not been used since the early 60 ' s when Highway 85 was updated to 4 lanes. I asked Gil Olson to review the file also. As you can see by the attached note from Gil he concurs with my determination that said ROW is not presently being used as Weld County road ROW. Therefore, I ask that you take formal action to notify UPRR that Weld County is not desirous of renewing said lease. /0?- / 7- Po lg.-ft-7 = (�7-'--4472-e--- de-C .s At <-rK at_,.z,mac`_y��-��+�, AK, UNION PACIFIC RAILROAD COMPANY REAL ESTATE DEPARTMENT A.O.MEYER uNION 1416 DODGE STREET DISTRICT REAL ESTATE DIRECTOR PACIFIC OMAHA,NEBRASKA 68179 IMO November 25, 1980 CD 18618 U. S. REGISTERED MAIL RETURN RECEIPT REQUESTED County Clerk County of Weld c/o Keitha White Greeley, Colorado 80631 Dear Mrs . White: Please refer to agreement C.D. No. 18618 between Union Pacific Railroad Company and County of Weld covering a strip of land for county road purposes at Lucerne, Colorado which expired by its own terms January 12 , 1980 . We would appreciate a response to our letter of August 21, 1980 regarding your intention as to the renewal of this agreement for a 25-year term. Very truly yours, r I - `�- f i i EL ✓ Cka 0� Gono, nPFF�gY UNION PACIFIC RAILROAD COMPANY REAL ESTATE DEPARTMENT a A.O. MEYER - UNION 1416 DODGE STREET DISTRICT REAL ESTATE DIRECTOR PACIFIC OMAHA, NEBRASKA 68179 • IIIIII October 6 , 1980 CD 18618 County Clerk County of Weld c/o Keitha White Greeley, Colorado 80631 Dear Ms . White: Referring to your letter of September 9 , 1980 regarding C.D. No. 18618 between Union Pacific Railroad Company and Weld County. Attached are copies of agreement C.D. No. 18618 and the print showing the location as you requested. If I can be of further assistance, please advise. Very truly yours, Attach. COUNS4cj9NC\` 110 .� Nov 3 ( . Co'.• , i gt. No. 18618 cAu ��' jc-1 'cam AD b 4 C.� \'\ cbo LEASE from UNION PACIFIC RAILROAD COMPANY . to COUNTY OF WELD, STATE OF COLORADO Dated October 19 , 1931. Covering a portion of the right of way of the U.P.R.R.Co. in Weld County to be used for . highway purposes. M- P• S)4 77 . 1 9-18-31 CONTRACT DEPT. OFFICE COPY 1 i a 3 THIS AGN:i:reKT, made and entered into this Nineteenth day of October _ 1931. by and between Uk1ue PACIFIC RAILROAD CeeZI lY, a corporation of the State of Utah (hereinafter celled *Lessor" ), party of the first part, and the COUNTY OF SZLD, STATe CY COLORADO (hereinafter called "Lessee* ), party of the second pert, TITe 11TeTS; 1 . The Lemeor hereby lessee to the Lessee for a period comncncing on the first day of feptember, 1931, and termineting on the twelfth day of January, 1935, unless sooner terminated in accordance with the terms hereof, the following described strip or parcel of land situate in the County of Veld. State of Colorado. to be used for highway purposes only: • A strip, piece or parcel of lend situate in the Southwest quarter of the Southwest quarter (834 of SW 4 ) of Section Twenty (20), Township Six • ( 6) North, Range Sixty-five ( 65) 'rest of the 3ixth Principal L'eridian, being all that pert of the Lessor' s right of way included between lines parallel with and distant reeeectively twenty- • five (25) feet and fifty ( 50) feet easterly, at right angles, from the center line of the Leoser' s main track, and extending northerly from the north line of the east and west public highway located on the south line of said section to the east line of the north and south public hithwuy located on the west line of ssid section ; as shown outlined by yellow lines on the slat of said »remises hereto attached, designated as C. 1. Drawing No. 52225, dated September 1, 1si31, marked " ahibit A•, and hereby made a part hereof. 2. As a consideration for this lease the Lessee . agrees to ncy in advance to the Lessor a rental of 7ive Dollars ( 48.00) for the term hereof ; to tnume nil taxes : and aeseeenents levied upon the leased prenices during the continuance of this lease. not including tries or areese- meats levied egainet the leased premises as a component part of the railroad property of the Lessor in the state as a whole ; to keep the leased premises free from combustible materiel ; to plant no trees or shrubbery. end to erect no • structures thereon except such as may be necessary for , highway purposes; to put nothing upon the leased premises cisich :light obstruct or interfere with the view; to provide, in locations and in ;accordance with plane approved by the jesesor before the work is com: need, such ditches, culverts, bridges end other structures as may be necessary rropfrly i to care for the dreincge from said premises end the adjoining right of ray of the Lessor; and to hold the Lessor harmless from any end ell damages to any of such structures on enid leveed premises arising from fire caused directly or in- directly by eperke or fire emitted from the engines or trains of the Leneor; and further to hold the Lessor harm- less from any damages to the highway upon the leased premises ', which may result frum 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 leered 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 shell, et 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 same. or shall reimburse : the Lessor for the cost of resetting or relocating any such pole or roles if the Lessor elects to do the work itself. 3. The Lessor reserves the right to take posses- eion of all or any portion of the leased premises whenever the use thereof may become necessary or expedient, in the ' judgment of the Lessor, for railroad purpo€es, including the ' location of public or private warehouses, elevators, or other :' structures with the design to facilitate and promote trnffie, 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 per- mission; PROVIDED, however, that in the event the Lessor " elects to take possession of all or any portion of the leered ' premises in accordance with this reservation, it shall first : serve upon the Lessee ninety (91) days' written notice of such election. 4. The Lessor reserves the right to cross the leased premises with such railroad tracks as may be required for its convenience or purposes in such manner as not un- ! reasonably to interfere with their use as a public highway. In the event the Lessor ehnll elece tracks upon the leased ' premises in accordance with this reservation, it shell, upon completion of such tracks, restore the highway across the same to its former state of usefulness. b. The Lessee ehtll not use tLe leased premises or permit them to be used except for the usual end ordinary purposes of a street or highway. end it is expressly under- stood and agreed that such purposes shall not be deemed to include the use by the Lereee, or by others, of the leered premises for railroad, street or interurban railway or other rail trrnneortaticn purposes or for the construction nr maintenance of electric power transmission lines, ges, oil or gasoline pipe lines. -2- ee 6. This lease is eubject to all outetending superior rights ( including those in favor of telegraph and telephone companies, and lenses to abutting property eeriers and others) end the right of renewals and extensions of the eame ; and it is understood that nothing in this lease contained shall be construed as a covenant to put the Lessee into possession or to protect the Lessee in the peaceable possession of srid premises. 7. No special assessments for establishing 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 rod rr-ve it hornless from such special assessments. 8. For the purpose of protecting the reversionary interests of the Lessor against the assertion of adverse rights, the Lessee agrees to prevent encroachments upon the leased premises, and to this end will, at its own expense, take all necessary action, including as far as practicable the building of its ditches on and the borrowing of enrth from the outer margin of said leased premises. 9. If the Lessee should breach or tail to keep any of the Covenants or conditions hereof, or fail to per- form such covenants or conditions, or to remedy the same for thirty (30) days after written notice of such failure or breech on the part of the Lessee, given by the Lessor ' to the Leeeee, then this lease shall be null and void. 10. Iron-user by the teem 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: Leeeor, work a termination of this lease and of all rights of the lessee hereunder, and non-user by the Lessee of a portion of exid leased premises continuing for a like period shell, at the option of the Lessor, cork a termination of all rights end interests of the Lessee with respect to such portion. 11 . 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 rill surrender peaceable possession of said premises at the expiration of this lease. 12. All covenants and agreements herein recited are made by the parties hereto for, and shall be binding -3- upon, themselves and their successors end assigns. Vitnese : UNIOS PACIFIC i(AII3OAD C0=:FAoY, F. S. Delehanty By N. A. Williams GFA General tanager (S AI.) Attest : C. B. Matthai Assistant Secretary The fcregaing lease is accepted unon the terms stated and executed by the Chairman of the Board of County Commissionere of the County of Weld, State of Colorado, upon this Nineteenth day of October , 1931, pursuant to euthority vested in said Chairman by s resolution duly passed and e.dented by said Boc_rd of County Commissioners on the Nineteenth __. day of October , 1931. Fitness : CODUTY OF CUD, SLA'lk OF CoLOTAl)O, C. K. Stanley J. B. Ogilvie Ey_ Chairmen, Board of County Commissioners. Approved as to form and execution: ( , _AT ) W. R. Rouse - Attorney Approved: G. 7. Adanson Chief Engineer. Attest : H. C. Grable Cou:ty Clerk By R. E. Hanna Deputy County Clerk, Acting Clerk Board County Commissioners -4- ' STATE Cr Nebraska �) I.e. COUITTY _1 Douglas )) On this 5th day of November 1931, before ':e, s. Votary Public in and for raid County in the State aforesaid, personally appeured V. A. Williams. to ne personally known, a.nd to me pe:rsonolly known to be the General !Asnrger of UIIIOU IACII"IC RAIIhOAD COMPANY. and to be the same pereun whose name is subscribed to the foregoing instrument, eGd who, being by me duly sworn, did nay that he is the Central Ynnaser of Union Pacific Railroad Comp&nyj that the seal affixed to read instrument in the 'eornorste seal of said corporation; end that said instrument wan signed i . and pealed on behalf of said corporation by authority of its Board of Directors; and the skid S. A. Williams acknowledged said instrument to be hie free and voluntary act and deed, r.nd the free and voluntary act and deed of raid corporation. by it voluntarily executed, for the uses specified therein. IE ' ITNZSS W}i; R2CF, I have hereunto set my hand and official real the dry and year lest above written. ry commission expires September 2, 1932 T. H. Ashby Notary Public ('^1rL) -5- • s _ '� �' r! ,iti, 4" X11 y„ x, xC # fl • ,„ �. ' pp t ICY • ,* ,.j}r • t _ g py 4 ,y�+y1�.. M it �Jr N ‘..,,,, ,. , ;t1:-_:,,,,,te, , 4;ta.,..,;: • a ` 5 A , 'Rt.' G e . k g� i t fY h.' � jp by�Qai ' .£ C ... .,_44, ,t14-... w6.,,. f :'n c , >xr .s a ";� 'sx sit 3 �a ? r , J r l'Ir.,,,,a-,f- C!" YS�;µyS f a'"' j, 4 i -.- * 11 il '- Y"'� 'mot-; +"e" S. # x - .7th-,� - ) .`.'I - a ., Mvy r •7tl ' e " •••••1'- e +y H•z .+ .. .� r t illt ::. rl °� ]i :-....3,E1- -µ'yin €a5��^(je '`�' fX�' 5-1,.° Y' �y-p�y�S1 )1 } 4-51 42" fLRn".Y �! Yy � ef�� t v> a v6 nni - q� y(� t p i Ye r [q"F w { " 'e � � r .. � a4 r. s., t of v7G1x ..Ltom.-'siur.�..-w n .- r.♦ s r -.... —�� RScLUTIO.C OF ACCEPTANCE the Union Fvcific 1:- ilroad Company has tendered to the County of Feld, state of Colorado. a terse i of a portion of the Railroad Company' s ritht of way in said County for highway parooses for a term beginning September 1. 1931 and terminating Jenubry 12, 1935, subject to the tern and conditions in 'aid lease stated, sr'id lease being identified ce Union Pacific Railroad Company' s Contract ' Department No. 18518; end WIi R' AS, the Board of County Commissioners of ' said County has said proposed lease before it and has given it careful revview and consideration; and IfiCEItf;AS, it ie considered that the best intereste of the said County of 'field, State of Colorado. will be subserved by an acceptance of €_yid lease ; TIPLR :FORE, BE IT R d'3OI D BY T112 BOARD OF COUNTY COIIIIIBSIONI,L2 c: Ti`;. COU:;TY C}' ' ;LD, STAT& CF COLORADO: That the terms of the leave submitted by tae Union Pacific Railroad Company as aforesaid be, end the save are hereby, accepted in behalf of the County of Weld. State of Colorado ; Thr_t the Chairman of said Bor.rd of County Commis- planers of said County of Weld is hereby authorized. empow- ered and directed to execute said leave on behalf of said 'County, and that tape Citric of said County is hereby author- 4ized End directed to attest said lease and to attach to each duplicate oriiinr:l of void lease a certified copy of this resolution. -1- Greeley APPROVED AND ADOPTED AT Gree Colorado Oot. 19th 193 1 , J. B. Ogilvie Wm. A. Carlson ) (SEAL) S. K. Clark Board Attest : of )County H. C. Grable (Commis- sioners. Clerk of the County of Weld State of Colorado By R. E. Hanna - Acting Clerk of the Board STATE OF COLORADO ss. COUNTY OF WELD H. C. Grable , Clerk of the County of _ Weld , State of Colorado , hereby certify that the above and foregoing is a true, full and correct copy of a resolution adopted by the Board of County Commissioners of the County of Weld State of Colorado , at a meeting held according to law at _ Greeley, Colo , on the 19th day of October , 1931 , as the same appears on file and of record in this office.. . IN TESTIMONY WHEREOF,& ±'lave hereunto set my hand and affixed the corporate seal of the County of Weld , State of Colorado , in the City of Greeley , this Nineteenth day of October , 1931 . H. C. Grable . (SEAL) Clerk of the County of Weld State of Colorado By R. E. Hanna -2- Acting Clerk of the Board • • '�C l + •ti - OFFICE OF BOARD OF COUNTY COMMISSIONERS • • PHONE: (303) 356-4000 EXT. 200 3 P.O. BOX 758 q ,i '., GREELEY, COLORADO 80631 • COLORADO A. O. Meyer ✓ District Real Estate Director Union Pacific Railroad Company 1416 Dodge Street Omaha, Nebraska 68179 Dear A. O. Meyer, I am in receipt of your letter dated August 21, 1980 regarding the renewal of lease agreement C. D. No. 18618 between Union Pacific Railroad Company and Weld County. In reviewing our files I have been unable to locate the original October 19 , 1931 agreement. I have found reference to a plat designated C.E. Drawing No. 52225, dated September 1, 1931 , marked "Exhibit A" as a part of the agreement. Would you please send me a copy of CD 18618 and a map showing the location of the 0 . 36 acres in Section 20 Township 6 Range 65 so I may determine whether Weld County is desirable of renewing said lease. Thanking you for you assistance in this matter. Sincerely, Keitha White Deputy County Clerk Hello