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Home My WebLink About380006.tiff © ;nt . _.,;t . 1 1\15 1909x ~ ituvif <7774E- _ LEASE from UNION PACIFIC EUILTFOAD COUPA1iT to COUNTY OF i ELD,EE.TAT : OF COLORADO sated September 1 .1938. Covering a strip of land to be used for highway purposes in Feld County. Colorado. 8-15- / 909.4 14 38-ao(x • Ab M 1 5'nIn 1sG�,M,.".i;T, made and entered into this Sept .1-1938 day of , 1938, 'by end between UL1ON FAC1i1C PA1LF0LI C0 PANY, a corporation of the State of Utah (hereinafter called "Lessor" ) , party of the first pert , and Uv'JNTY OF < rs� �, :'.<A;.' OF C0L0 AL ;of culled - "Lessee") , party of the second part, Eection 1. The Lessor hereby leases to the Lessee for a period commencing on the first day of August, 1938, end terminating five (5) years thereafter, unless sooner terminated in accordance with the terms hereof, that portion f the richt of way of the Lessor at Pierce, teld County, Colorado, shown outlined by yellow lines on the plat dated July t3, 1938, marked "e.xhibit " , attached hereto and ereby made a part hereof, to be used for highway purposes only. 1 it/W , 25yr © • O 0 ` i t for the tern hereof; Section 2. As a consideration for -this lease the (Lessee agrees to pay in advance to the Lessor a rental of :one dollar. (41.00) pap.witawilm to assume all taxes and ;assessments levied upon the leased premises during the con- jtinuance of this lease, not includin_- taxes or assessments !levied against the leased premises as a component part of the 'railroad property of the Lessor in the state as a whole; to construct and maintain the highway on the leased premises in 'accordance with plans and profiles submitted to and approved Eby the Chief Engineer of the Lessor before the work is com- menced ; to keep the leased premises free from combustible !material; to plant no trees or shrubbery, and to erect no ;structures thereon except such as may be necessary for high- . 'way purposes; to put nothing upon the leased premises which 'might obstruct or interfere with the view; to provide, in locations and in accordance with plans approved by the Lessor before the work is commenced, such ditches, culverts, bridges land other structures as may be necessary properly to care for ! the drainage from said premises and the adjoining right of 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 to hold the Lessor harmless from any ' damages to the hi hway 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 ; and 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 same, or shall reimburse the Lessor for the cost of resetting or relocating any such pole or poles if the Lessor elects to do the work itself. • Section 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 linits of the right of way of the Lessor in the construction, grade or drainage of highways or other roadways crossing said right of way. 2 - 2ayr ' O 1 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 judt;_aent of the Lessor; for rai1rcal purposes; including ; the location of public or pri^ate warehouses . elevators, or . other structures with the design: to facilitate and promote traffic, cr for, or in connection with, drilling for or mining of oil; gas, coal end other minerals of whatsoever nature underlying the leased premises by the Lessor or by others with its permission; PBOVIDT.D, however, that in the ! event the Lessor elects to take possession of all or any portion of the leased premises in accordance with this reservation, it shall first serve upon the Lessee ninety ( 90) days' written notice of such election. Section 5. The Lessor reserves the right to cross 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. I In the event the Lessor shall place tracks upon the leased ( premises in accordance 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 premises 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 jgasoline pipe lines. Section 7. This lease is subject to all outstand- ing superior rights ( including those in favor of telegraph and telephone companies, and leases to abutting property owners and others) and to the right of the Lessor to renew and extend the same; and it is understood that nothing in • I 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 said premises. Section 8. No special assessments for establish- ing or improving the highway located upon the leased premise are to be m.Ade against the adjacent railroad right of way of the Lessor, and the Lessee agrees to protect the L:ssor against and save it harmless from such special assessments. 3 2 yr • I �i Section 9. The Lessee agrees that, at points where the Lessor at the date hereof maintains a fence on its ! leasedof way premises,ween e track the Lessee will, at its inner tsown costin andf te expense , move such fence to the inner margin of the leased premises, and that, at points where the Lessor doss not maintain a fence in such location, the Lessee will construct a fence on ; the inner margin of the leased premises vhen and where re- ; quested in writing by the Lessor. The Lessee further agrees to assume the responsibility of constructing or of making such arrangements as may be 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 maintain fences upon the outer margin of its right of way and of all expense incident to the construe- ition, 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 snail, et its own cost and expense, also relocate or construct such wing fences that may be necessary and also any necessary connections with existing fences of the Lessor. All fences snail be in accordance with the standards of the Lessor and all work of relocating and constructing fences shall be done in a manner satisfactory to the Lessor. Section 10. For the purpose of protecting the reversionary interests of the Lessor against the assertion of adverse rights, the Lessee agrees to prevent encroach- ments 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 earth from the outer margin of said leased premises. Section 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 ( 3J) days after written notice of such fail- ure or breach on the part of the Lessee, given by the Lessor to the Lesser, then this lease shall be null and void. Section 12. ]on-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 leas 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. 4 R dby r 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 su_•_•e^.der peaceable possession of said premises at the ex- piration of this lease. Section 14. All covenants and agreements herein recited are made by the parties hereto for, and shall be ! binding upon, themselves and their successors and assigns. Irk WITNESS WHEREOF, the parties hereto have caused I this instrument to be executed in duplicate as of the date first herein written. Witness: UNION PACIFIC RAILROAD COMPANY, (s) H. G. Rose By (6) • A Williams _ . Oniezel er Attest : (s) C. B. Matthai (Saal) Assistant Secretary. twit C, tti = `t or Witness! 0i.0BAb0* i (8) C. 0. Plumb Chaivas'. Ors of Ceunt7 ComalesisaelMe £tteet t halter F. Morrison (e441) Cranty clerk • i By Kathleen E. Day Deputy County Clerk Approved (S) A. H. Scribner. Land and Tax Co:ia•r (u) !T. Ii. Hulsizer, Val.Land & Tax Officer Approved as to form and execution (S) W. R. Rouse , Asst . Gent. Atty. 5 • Comp O 0 Na STATE OF NEBRASKA ) ss COUNTY OF DOUGLAS ) On this 15 day of Oot . , 193 8, before me, a Notary Public in and for said county in the state aforesaid, personally appeared N. A. WILLIAMS, to me „personally known, and to me personally known to be the General Manager of Union Pacific Railroad Company, and to be the same person whose name is subscribed to the foregoing instrument, and who, being by me duly sworn, did say that he As the General Manager of Union Pacific Railroad Company; 'that the seal affixed to said instrument is the corporate seal of said corporation; and that said instrument was . signed and sealed on behalf of said corporation by authority Fof its board of directors ; and the said N. A. Williams - I � acknowledged said instrument to be his free and voluntary . (act and deed, and the free and voluntary act and deed of 'said corporation, by it voluntarily executed, for the uses specified therein. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year last above written. My commission expires 4 - 9 - 44 is F. A. Buettenbaok Notary Public . Residing at Omaha . 0 RESOLUTION t111S , the USIA' AO:YU VP,12,4WAD itO4PASI bee tendere4 to the u,,4Thf 4i'.,I&t2 C? 0i.4:°;DO. w least uoverind eertaln porticos ssf tat 1404 of ray of the i`eil.rds4 Icw e $ at Pierce, :old CAinty, :+ylozedo, to be usd for hick- , sy purposes; said loose belez awls for a term at five (f) saws beelani*t Au ;:kst 1, MO, and Is identified la the fe;orns lot the Cnion F cirie `eilresd Conant es Central tp rtfj tst 14. Lam-:_$ and WHEREAS, the Board of County Commissioners of e1S County has said proposed lease before it and has given it careful review nd consideration; and WHEREAS, it is considered that the best interests bf said Coup$7 of veld will pe subserved by the acceptance of said lease: THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF O, cam tJ teagatai That the terms of the lease submitted by the Union Pacific Railroad Company as aforesaid be and the same are t hereby, accepted in behalf of t at welt; That the Chairman of the Board of County Commis- sioners of said County is hereby authorized, empowered and ,directed to execute said lease on behalf of said County, and that the County Clerk is hereby authorized and directed to !attest said lease and to attach to each duplicate original !of said lease a certified copy of this resolution. STATE OF tin6yAiX) � ss e COUNTY OF T.slter F. Morrison County Clark • of the County of s14, !*#1e Qi {QkSS*64 —� hereby certify that the above and foregoing is a truer full and correct copy of a resolution adq to - byy the 3oaF&f ^ounty Commissioners of the County of �.•, * A 414 Waal". at a meeting held according to law at Greeley, colo , on the First day of September , 193° as the same appears on file and of record in this office. • IN TESTIMONY WHEREOF, I have un September sie 'iij°y hand a� f4jited the sera of the First y of tember , 193A T, this day of !:alter 7. Morrison � (Seal) C°Iiiili e°bttha i�bou aV. of By Kathleen E. Day Deputy County Clerk Hello