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HomeMy WebLinkAbout20033112.tiff RESOLUTION RE: APPROVE PROPERTY MANAGEMENT AGREEMENT AND TEMPORARY AGREEMENT COVERING ADVANCE RIGHT OF ENTRY AND OCCUPANCY OF PROPERTY FOR BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY NORTHERN PROPERTY AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Property Management Agreement and Temporary Agreement Covering Advance Right of Entry and Occupancy of for the Burlington Northern and Santa Fe Railway Company northern property between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and the Burlington Northern and Santa Fe Railway Company, with terms and conditions being as stated in said agreements, and WHEREAS,after review,the Board deems it advisable to approve said agreements,copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the Property Management Agreement and Temporary Agreement Covering Advance Right of Entry and Occupancy of Burlington Northern and Santa Fe Railway Company northern property between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and the Burlington Northern and Santa Fe Railway Company be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be,and hereby is, authorized to sign necessary documents. 2003-3112 EG0047 m 1963 PROPERTY MANAGEMENT AGREEMENT AND TEMPORARY AGREEMENT COVERING ADVANCE RIGHT OF ENTRY AND OCCUPANCY OF NORTHERN PROPERTY - BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANIES PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 10th day of November, A.D., 2003. BOA OF COUNTY COMMISSIONERS WEL UNTY, COLORADO ATTEST: s ` ` vi E. Long, Cha' Weld County Clerk tot B 4 � �"d ,t.,i Robert D. sden, Pro-Te BY: a' G Fns Deputy Clerk to the :paf fT ' �i, M. J. Geile APP' •V m AS TO FO' William H. Jerke .unty- ttorney ac Glenn Vaad Date of signature: (9 2003-3112 EG0047 BNSF Property&Facilities Management 2650 Lou Menk Drive Fort Worth,Texas 76131-2830 PROPERTY MANAGEMENT Caluc,woa The Weld County Public Works Department,Greeley,-{Nrneia ,hereinafter called the Buyer,under threat of the exercise of its power of Eminent Domains offers to acquire from the Burlington Northern and Santa Fe Railway Company (BNSF), hereinafter called the Seller,Seller's interest in the abandoned railroad right of way located in Weld County., in i as shown highlighted in yelllow on Exhibit"A"attached hereto and made a part hereof. Ce Ierppo Seller will convey its interests in the parcel to Buyer for a purchase price of$ 3.990.00. Seller will convey its interest by quitclaim deed. Seller makes no representations or warranties whatsoever. Buyer, expressly acknowledges that Buyer is acquiring Seller's interest in the parcel in an "AS IS" condition and that Buyer has relied upon its own independent investigation of the physical condition of the parcel. Buyer agrees to release and indemnify Seller and Seller's shareholders, officers,directors,agents and employees from all responsibility and liability regarding the condition(including,but not limited to,the physical condition or presence of hazardous materials),valuation or utility of the parcel. Any outstanding taxes and costs for survey,abstract,title insurance,documentary stamps,and other costs,are Buyer's responsibility. Buyer further agrees to indemnify Seller from future responsibility for the construction and maintenance of any railroad fences,road crossings,cattle guards,gates,farm crossings,buildings,and drainage or irrigation pipes located on or adjacent to the parcel to be conveyed. Buyer understands the foregoing. Buyer further understands that railroad property may be subject to reversion on abandonment of use for railroad purposes; that Seller's quitclaim deed conveys only whatever interests it may have in the parcel,if any;and that the deed does not necessarily convey fee title or give Buyer ownership of the parcel as against the claims of anyone other than Seller. Buyer herewith deposits as earnest money the sum of$390.00 to be applied against the purchase price. Notwithstanding anything set forth herein to the contrary,the balance of the purchase price shall be due ten(10)days from notice that Seller's deed is ready for delivery. Time is of the essence of this contract,and if Buyer shall default or fail to perform the requirements of this contract within the time limits herein specified,the Seller may retain the deposit as agreed liquidated damages and just compensation,and not as a penalty or forfeiture,and declare this contract terminated. In the event of default by Seller,Buyers sole remedy shall be a return of the earnest money deposit. Effective with the ' to of sale, Iler will assign t Buyer Lease No. N/A covering all or a portion of the subject parcel. \By: A Date: 11/10/2003 David E. Long Title: Chair, Weld County Board of Commissioners Printed below is the name(s)and address(es)as they should appear in the deed of conveyance: County of Weld, a political subdivision 3f the State of Colorado Buyer's Phone: (970)356-4000 X4200 ACCEPTED BY: B RLINGTON NORTHERN& SANTA FE RAILWAY COMPANY By: f�,I f /per f ✓ry Date: 11rt/D'1 Title: Manager li@81 Estate a 'C3 - 3//a 0 \ \:. . . , i . v I .) % I o , I \'df . ,5932 417 (01--/ .) nq Q x 36 5932 f/7 (Sc /ed, 1 \95929 ---- I Get" . 4 \\`?1L Z\000 \ CFA\ \ .\ - N - �\ O \\ \5A, \ . . \ y \ \ \ 69 \ \ _ r\ 94 II 9/6+ 95 ( Scale — — 111 + � 9Ik 3 . � 916 54.34 60 a ,• 5 9+ pp Lr 5�auierser 5 \ " C.I. P' CI��K Olt \ \ I0 4 AZ 5 r5 \ 9p8 • •\ , . S-3B9Oq�'0TaWii/M.,a1.Sc 7 yA+'uSEf.iiar 0 L6-7D,S7SGb�Vp3'F6173- 1 • 22 590/4 80 (5caieP i T 10 N F# 61 W \ 5g� • EXHIBIT •A• THE 'BURLINGTON NORTHERN AND SANTA FE RI. CO. [ ] INDICATES SALE AREA CONTAINING 9`4 AC +/- CITYGROVEE COMITY Will.D STATE e,O ` SCALE/°x400 DATE 5-6-Q4 AFE#04•O141 DIVISION Weld SDBDIV. , H.P. 202 LINE SEGMENTNew/art,- it-D GRANTEES lnly el YV� l'lt-PL•�'Dre PURPOSE DRAWING NO. an/770-24 Page 1 of 1 Donna Bechler From: Leon Sievers Sent: Friday, October 15, 2004 9:36 AM To: Donna Bechler Subject: RE: Burlington Northern and Santa Fe Railway A signed copy of this document is not available. The document is no longer necessary due to the temporary nature of the document and the signature of Deeds that transfer the property to Weld County Leon From: Donna Bechler Sent: Tuesday, October 12, 2004 9:07 AM To: Leon Sievers Cc: Francie Collins Subject: Burlington Northern and Santa Fe Railway Good Morning Leon, We just received the original quit claim deeds for Document Numbers 2003-3112 and 2003-3113 that we will send to Recording. However, we are still missing the signed copies of the Temporary Agreement Covering Advance Right of Entry and Occcupancy of Burlington Northern and Santa Fe Railway Company Property from both documents. Do you have a signed copy, or are you able to get one so we complete this? I will attach a copy of this page, so you know which page I am asking about. Let me know if you are able to send us a signed copy. Thanks, Donna 10/15/2004 TEMPORARY AGREEMENT COVERING ADVANCE RIGHT OF ENTRY AND OCCUPANCY OF BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY PROPERTY BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, hereinafter called "Railroad,"hereby grams permission to the Weld County Public Works, hereinafter called"Permittee,"to enter upon abandoned Railroad premises located in Weld County,Colorado,as shown in yellow on the print attached hereto and marked Exhibit "A" for the purpose of E x c 4 uA n C/Ai In consideration of permission given the Permittee by Railroad,as outlined above,pending issuance of a quitclaim deed,the Permittee hereby agrees to indemnify and hold harmless Railroad from and against and defend Railroad from and against any and all claims, loss, costs,suits or damages arising out of injuries to or death of any and all persons whomsoever, including, but not limited to. the parties hereto, their agents and employees,and damages or destruction of property to whomsoever belonging, including property owned by or in the care,custody and control of either Permittee or of Railroad,in any manner connected with or resulting from, either directly or indirectly, the occupancy and use of Railroad's said property by the Permittee, its employees,agents,contractors or subcontractors and their employees,regardless of whether or not such injury, death or property damage may have been caused or contributed to by the negligence of the Railroad,its agents or employees. This agreement shall be and remain in full force and effect until such time as a quitclaim deed is entered into by and between the parties hereto covering occupancy or the property of Railroad hereby permitted. The Permittee agrees to execute such quitclaim deed, promptly upon its being presented to it by Railroad; however,execution thereof shall not operate to absolve the Permittee of any liability assumed and incurred by it hereunder, This Agreement shall terminate, except as to liability incurred hereunder prior thereto, on the effective date of the quitclaim deed covering the property referred to above. It is also understood that the payment to be agreed upon in the quitclaim deed will be considered to be effective as of the date of this Agreement In the event that Railroad or Permittee do not enter into a quitclaim deed arrangement as contemplated herein within(120)days from the day hereof then either party may terminate this agreement on thirty(30)days written notice at the address set forth below the names of the parties hereto. IN WITNESS WHEREOF,the parties have executed this agreement in duplicate this_day of 2003 BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY Property&Facilities Management,2650 Lou Monk Drive,Fort Worth,Texas 76131-2830 By: Title: Date: Weld CountyBoard of Commissioners on behalf of the Weld County Public Works Department 1111 H. Street GreelFy �olorado 806� J 32r By: � r ct'�-\ E Title: Chair _ Date: 11/10/2003 David E. Long U app 3 -.3/io? .i` v / / V 0 q40 4A,,0 n \tea 9to a �. .'�... ,/ �> 3e� r a> N ,`cF4o3 \¢D to" (o N. `�8 hid r.' b^ CS �5^S xby o . i�a \VS \ m ,\ ND•9 y 01 a Of h )° h �H • N . CNo.B� °'� No.8t -- No.5 /4p� .. .. —_-^— _ tee. %• . • ..— --/ ct — / 4 / i - ll cu / �\ / / / \ e (II VV / ..� r\ ROW fenced onLeft Sde from / Ek /u. .51a5861}91 it Sla 591147/type C ,' - A1.^*V G 1•4 E5M7Sp/n Oak and15%7'Cecar Peals - �s...m - s ..1...6;1"et St y J2 A CC ._._. - / %% _ .riw -- 'rs ass •22 - "3 \ THE BURLINGTON NOR1HERNANDSANTA PE RV.CO. „y . y, 4� f _t -/mod.," 1 I INDICATES BALE AREA V�, iriCt97.Silab2":2") a c^-"`` _after 93' {.-.3 i. CUT-- COUMy q� STATE Colorado l-Z-fir P9."V 137 ?';j) ' -r- 1? SCALE V' RIO W-DATE wsw APIM �- \ DIVISION Stocker WNDly I s nv W-0-,VJ 3'≥ �5 - a _.Ire SEG..vm<tr.G lenv.. _n I. - G+.P.,1PL s _ GRANTEE__ / - DRAWING No.,—Q j V-Cob 4,34(RPM[older 8) MEMORANDUM TO: Esther Geisick, CTB DATE: October 30, 2003 FROM: Frank B. Hempen, Jr. COLORADO Director of Public Works/County Enginee SUBJECT: Agenda Item Please submit these items for the Board's approval: Three duplicate Agreements and Advanced Right of Entry forms for the North Acquisition Parcel with the Burlington Northern and Santa Fe Railway Companies Right-of-Way. Three duplicate Agreements and Advanced Right of Entry forms for the South Acquisition Parcel with the Burlington Northern and Santa Fe Railway Companies Right-of-Way. Upon execution,please return TWO SIGNED DUPLICATES Agreements and Right of Entry Forms of each parcel to Leon Sievers at the Public Works office. The originals will be forwarded to BNFS for execution with disbursements and returned to the CTB for recording. The appropriate documentation is attached. Enclosures pc: Leon Sievers, Right-of-Way Agent M:\WPFILESTrancie\agendaleon-l.wpd 2003-3112 a MEMORANDUM CTO: Clerk to the Board DATE: October 6, 2004 • COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Engineer SUBJECT: Item for Recording The enclosed Quitclaim Deed is an original document with original signatures. Please re-record this document in reference to Document#2003 3112. The agreement is with The Burlington Northern and Santa Fe Railway Company. Please return one original Quitclaim Deed to Leon Sievers. The appropriate documentation is attached. Enclosures pc: Leon Sievers M:AFrancieAItem for Recording.doc 7. L Li/ft.SP ;;vvCIll j/ _ (,-;) .. �.?t�, �i... i QUITCLAIM DEED THIS DEED, made this 2116/ day of /11.4.15/ , 2004, between THE BURLINGTON NORTHERN AND SANTA FE RKILWAY COMPANY, a Delaware corporation, Grantor, and the COUNTY OF WELD, a political subdivision of the State of Colorado, of 1111 H Street, P.O. Box 758, Greeley, Colorado 80632, Grantee. WITNESSETH: That the said Grantor, for Ten and No/100 Dollars ($10.00) and other good and valuable consideration to the said Grantor in hand paid by the said Grantee, the receipt whereof is hereby confessed and acknowledged, hath remised, released, sold, conveyed and quitclaimed, and by these presents doth remise, release, sell, convey and quitclaim, without any covenants of warranty whatsoever and without recourse to the Grantor, its successors and assigns, unto the said Grantee, its successors and assigns forever, all the right, title, interest, claim and demand, if any, which the said Grantor hath in and to the following described premises, located in Weld County, Colorado, more particularly described as follows: All that portion of The Burlington Northern and Santa Fe Railway Company' s (formerly Chicago, Burlington & Quincy Railroad Company) 100 foot wide New Rayner to Hereford, Colorado Branch Line right of way, now discontinued, being 50 feet wide on each side of said Railway Company' s Main Track centerline, as originally located and constructed upon, over and across the �I Northwest Quarter of the Northeast Quarter of Section 22, Township 10 North, Range 61 West of the 6t° Principal Meridian, Weld County, Colorado, bounded on the North and �1 p South by the North and South lines of said Northwest /1,\a Quarter of the Northeast Quarter of Section 22 ; Also, 1 1111111111111111111111111111111111111111111111111111111 3228468 10/18/2004 03:47P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • All that portion of said Railway Company' s 200 foot wide Branch Line right of way, being 100 feet wide on each side of said Main Track centerline, located upon, L/ over and across the Southwest Quarter of the Northeast Quarter of Section 22 , Township 10 North, Range 61 West of the 6"' Principal Meridian, Weld County, Colorado, bounded on the North and East by the North and East lines of said Southwest Quarter of the Northeast Quarter of Section 22 . SUBJECT, however, to all existing interests, including but not limited to all reservations, rights-of-way and easements of record or otherwise. EXCEPTING AND RESERVING, however, unto said Grantor, its successors and assigns, all of the coal, oil, gas, casinghead gas and all ores and minerals of every kind and nature, including sand and gravel, underlying the surface of the premises herein conveyed, together with the full right, privilege and license at any and all times to explore, or drill for and to protect, conserve, mine, take, remove and market any and all such products in any manner which will not damage structures on the surface of the premises herein conveyed, together with the right of access at all times to exercise said rights . ALSO, if the premises are locally assessed, the Grantee, and for its successors and assigns, by acceptance of this deed, agrees to assume all locally assessed real estate taxes, outstanding and otherwise, and any and all past, present, pending and future assessments of every nature whatsoever, which have been or may be levied against the premises. ALSO, the Grantee, and for its successors and assigns, by acceptance of this deed, hereby releases and forever discharges the Grantor, its successors and assigns, from any and all present or future obligations of the Grantor, its successors and assigns, including but not limited to the construction of or continued maintenance thereto of any railroad fences, snow fences, road crossings, cattle guards, gates, farm crossings, bridges, drainage or irrigation pipes, if any, located and situated on the premises herein conveyed. ALSO, Grantee, by accepting this deed, expressly acknowledges that Grantee is buying the above described property in an "AS IS" condition and that Grantee has relied upon its own independent 2 1111111 11111111111111111111111111111111 III IIIII IIII IIII 3228468 10/18/2004 03:47P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder investigation of the physical condition of said property. Grantee hereby releases and indemnifies Grantor and Grantor' s shareholders, officers, directors, agents and employees from all responsibility and liability regarding the condition (including, but not limited to, the physical condition or presence of hazardous materials) , valuation or utility of the above described property. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said Grantor, either in law or equity, to the only proper use, benefit and behoof of the said Grantee, its successors and assigns forever. IN WITNESS WHEREOF, the said Grantor has caused this deed to be signed by its authorized officers, and has caused the seal to be hereto affixed the day and year first above written. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY BY 4.177 • _ D. P. Schneider General Director Real Estate ........F e,, '•.Fq'; ATTEST: Q• 9!' • B Patricia Zbi rski ... .. . % .,, tier1i�i`< Assistant Secretary IIIIII I'III VIII IIIIII IIIIII VIII III'I III IIII' llll ll'I 3228468 10/18/2004 03:47P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Send Tax Bills To: County of Weld, Colorado 1111 H Street P.O. Box 758 Greeley, CO 8O632 STATE OF TEXAS ) ss COUNTY OF TARRANT ) The foregoing instrument was acknowledged before me this .„2 'A≥ day of ('tt1Gucr , 2OO4, by D. P. Schneider as General Director Real Estate and Patricia Zbichorski as Assistant Secretary of The Burlington Northern and Santa Fe Railway Company, a corporation. WITNESS my hand and official seal. TERRI BENTLEY T Notary PubIk C AW Atratese, * * * STATE OF TEXAS Notary Public tra a my Corr.Exp.07/30/2006 This instrument was drafted by: The Burlington Northern and Santa Fe Railway Company Property and Facilities Management 2500 Lou Menk Drive, AOB 3 Fort Worth, Texas 76131-283O 1111111 11111 111111 111411 11111111 11111 11111111 3228468 10/18/2004 03:47P Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder BN1770-24/New Rymer to Hereford, CO 4 • PARTIAL RELEASE 11 2 2 ° THIS PARTIAL RELEASE made on , by and among U. S. BANK TRUST NATIONAL ASSOCIATION a national banking association organized and existing under the laws of the United States of America, as Corporate Trustee (the "Corporate Trustee"), (successor to Morgan Guaranty Trust Company of New York), and Laura Roberson, successor to W.A. Johnson, successor individual trustee (together with the Corporate Trustee, the "Trustees"), under the Consolidated Mortgage dated March 2, 1970, as supplemented (the "Mortgage"), and THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, now BNSF RAILWAY COMPANY, a corporation organized under the laws of the State of Delaware (the "Company") WITNESSETH: WHEREAS, the Company's interest in the property described in Exhibit "A" hereto attached and by this reference made a part hereof(the "Property") is subject to the lien of the Mortgage; and WHEREAS, the Mortgage was filed for record, among other places, in the office of the Recorder, County of Weld, State of Colorado, as a real estate mortgage, on March 5, 1970, in Book 621, Page 207, as Document No. 1543408; and WHEREAS, the Company has requested release of the Property from the lien of the Mortgage pursuant to Article Five thereof and has furnished to the Corporate Trustee certificates and opinions which comply with the provisions thereof; NOW, THEREFORE, THIS PARTIAL RELEASE WITNESSETH that the Corporate Trustee, in consideration of the sum of One Dollar ($1.00) and other valuable consideration, does hereby forever release and discharge from the lien of the Mortgage, and all supplements thereto, all right,title and interest in and to the Property described in said Exhibit"A" hereto attached. hJ' lJ !J!" lilt lin III 3 C0 I��� 1 o 4 2 2County, R 0.00 D 0.00 Steve Moreno Cl re k& Recorder EC,--GNI �'7 . Cu LEDAb O#(136 109 C� e1 TO HAVE AND TO HOLD said Property unto the Company, its successors and assigns, free and clear and discharged of and from all liens and claims under said Mortgage. The recitals made herein are recitals by the Company and not by the Trustees. The reservations and exceptions, if any, set forth in said Exhibit "A" are intended to be for the benefit of the Trustees and the lien of the Mortgage on any rights and interests so reserved and excepted, if any, are not released, quitclaimed or disclaimed. Nothing herein contained shall affect, alter or diminish the lien or encumbrance of the Mortgage on the Company's interest in any of the properties covered by it other than the Property. This release is executed by the Corporate Trustee without covenants or warranties, either expressed or implied, and without recourse against the Trustees. IN WITNESS WHEREOF, the Corporate Trustee has caused this Partial Release to be signed and witnessed and its corporate seal to be hereunto affixed and attested by the signature of its Assistant Secretary, all as of the day and year first above written. Signed, sealed and delivered on behalf U. S. BANK TRUST NATIONAL of U. S. Bank Trust National ASSOCIATION as Corporate Trustee Association as Corporate Trustee, in presence of: jai By: /T Vi ePres .g Elvis S. Wood fit`' never • t 'a ATTEST i '£ C" 1 Watt rwt . teLa.+ . (Seal) ort tt °' Wayne C. Grima 4u Cruz I IIIIII IIII'IIIIII IIII IIIIII IIIIII VIII III'llll IIII II'I 3574392 08/26/2008 12:17P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder STATE OF NEW YORK ) ) ss. COUNTY OF NEW YORK ) On NO v Q.n- ,i✓ cpax-00 <, before me the undersigned, a notary public, personally d appeared` �2�1ar j A. '1Ytit.Sj , to me known to be a Vie $ R(-e_�S' 1 -kr A-- of U. S. Bank Trust National Association, the corporation which executed the foregoing instrument as Corporate Trustee, and who being duly sworn did say, that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and acknowledged said instrument to be the free act and deed of said corporation. Given under my hand and official seal on /.90 J2M ✓ 0L D p atr yk ,'CAR y' Notary Public, City, County and State of New York y ' My commission expires: 4 t' P vatri.c.V Cowart eOP 1t. 1 Notary Public,State of New York No.01C0608638 Qualified in Hinds County,e,Comminion Expires Sept 33,x. 1 111111 11111 111111 IN 111111 111111 11111 III 11111 1111 111 I 3574392 N/26/2008 12:17P Weld County, CO 3 of 4 R 0.00 0 0.00 Steve Moreno Clerk & Recorder i New Raymer to Hereford, Weld County, Colorado - Former Chicago, Burlington & Quincy Railroad Company property now Burlington Northern Inc. Consolidated property conveyed to County of Weld. Exhibit "A" B1,4177()-23 All that portion of The Burlington Northern and Santa Fe Railway Company' s (formerly Chicago, Burlington & Quincy Railroad Company) 200 foot wide New Raymer to Hereford, Colorado Branch Line right of way, now discontinued, being 100 feet wide on each side of said Railway Company' s Main Track centerline, as originally located and constructed upon, over and across the East Half of the Southeast Quarter of Section 22 , Township 10 North, Range 61 West of the 6th Principal Meridian, Weld County, Colorado, bounded on the North and East by the North and East lines of said East Half of the Southeast Quarter of Section 22 . ALSO, B1%11771)-24 All that portion of The Burlington Northern and Santa Fe Railway Company' s (formerly Chicago, Burlington & Quincy Railroad Company) 100 foot wide New Raymer to Hereford, Colorado Branch Line right of way, now discontinued, being 50 feet wide on each side of said Railway Company' s Main Track centerline, as originally located and constructed upon, over and across the Northwest Quarter of the Northeast Quarter of Section 22 , Township 10 North, Range 61 West of the 6th Principal Meridian, Weld County, Colorado, bounded on the North and South by the North and South lines of said Northwest Quarter of the Northeast Quarter of Section 22 ; Also, All that portion of said Railway Company' s 200 foot wide Branch Line right of way, being 100 feet wide on each side of said Main Track centerline, located upon, over and across the Southwest Quarter of the Northeast Quarter of Section 22 , Township 10 North, Range 61 West of the 6th Principal Meridian, Weld County, Colorado, bounded on the North and East by the North and East lines of said Southwest Quarter of the Northeast Quarter of Section 22 . 11111111111 1111III111111111111111111111111111111111 3574392 08/26/2008 12:17P Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Hello