HomeMy WebLinkAbout250010.tiff •
J
Conr „x.:70. 10936
N Se- )11- .
LEASE 9--
from
UNION PACIFIC RAILROAD COMPANY
to Y COMPARED
177934
COUNTY OF WELD, STATE OF COLORADO
Dated , 1925 7 a 57
•
S S-43
Covering a certain portion of the right
of way of ,. r.do, in the sednty
of /
Weld Colorado,oll orado, to be used -w
for highway purposes.
10-14-25 DUPLICATE ORIGINAL
„ZSooiO
THIS AfRwuxNT, made and entered into this
day of �ti 1 U v ,1925,
by and be soak the UNION PACIFIC RAILROAD COMPANY, a corpora-
tion i[ the State of Utah (hereinafter called "pressor• ) , par-
ty of the first part, and the COUNTY OF WILD, STAYS OF
COLORADO, (hereinafter called "Limeae• ) , party of the second
part, WITNSSORTH:
1. The Lessor hereby leases to the Liaise for a
period commencing on the first day of October, 1926, and ter-
minating five (5) years thereafter, unless sooner terminated
d in accordance with the terms hereof, the following described
strip or parcel of land to be used for highway purposes only:
A strip of land forty (40) feet in width, situ-
ate in the Northwest quarter of the Northwest quar-
ter (114 of &WOO) of Section .Righteen (18) , Township
Four (4) North, Range Sixty-six (66) West, of the
Sixth Principal Meridian, and in the Northeast quar-
ter of the Northeast quarter (Nat of NHS' ) of Section
Thirteen (13) , Township Your (4) North, Range Sixty-
seven (67) West, of the Sixth Principal Meridian, be-
ing all that part of the Lessor's right of way
included between lines parallel with and distant re-
spectively sixty (60) feet and one hundred (100) feet
southeasterly, at right angles, from the center line
of the main track of the Lessor's line of railroad
from Denver to LaSalle, and extending southwesterly
from a straight line parallel with and thirty (30)
feet distant south, at right angles, from the north
line of said Section Sighteen (18) to a straight
line parallel with and thirty (30) feet distant west,
at right angles, from the east line of said Section
Thirteen (13) ;
as shown shaded in yellow upon the plat of said premises here
to attached, dated September 18, 1925, marked urbibit "A" and
hereby made a part hereof.
t 2. As a consideration H3r this lease, the Lessee
agrees to pay in advance to the Lessor a rental of one dollar
(#1.00) per annum; to assume all taxes and assessments levied
upon the leased premises during the continuance of this lease,
` not including 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 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 nec-
essary for highway purposes; to put nothing upon the leased
premises which might obstruct or interfere with the rises; to
provide such ditches, culverts, bridges and 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
-1-
v
fire caused directly or indirectly by sparks or fire emitted
from the engines or trains of the Lessor; and to further hold
the Lessor harmless from any damages to the highway upon the
leased premises which may result from the contraction or
maintenance of drainage ditches or waterways by the Lessor.
3. The Lessor reserves the right te take possession
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 purposes, including the location of
public or private warehouses, elevators, or other structures
with the design to facilitate and promote traffic; PROYIDZD,
however., that in the event the Lessor elects to take posses-
sion of all or any portion of the leased premises in accor-
dance with this reservation, it shall first serve upon the
Lessee ninety (90) 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 unrea-
sonably to interfere with their use as a public highway. In
the event the Lessor shall place tracts upon the leased prem-
ises in accordance with this reservation* it shall, upon eem-
pletion of such tracks, restore the highway across the same
te its former state of usefulness.
5. The Lessee shall not at any time use or permit
the use by others of said leased premises for railroad or
traction purposes, or use or permit the said premises to be
used except for the usual and ordinary purposes of a street
or highway.
6. This lease is subject to all outstanding super-
ior rights (including those in favor of telegraph and tele-
phone companies, and leases to abutting property owners and
P others) and the right of renewals and extensions of the same;
and it is understood that nothing in this lease contained
shall be construed as a covenant to put the Lessee into pos-
session or to protect the Lessee in the peaceable possession
mot said premises.
7. No special assessments for establishing or im-
proving 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.
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 earth
from the outer margin of said leased premises.
-2-
9. If the Lessee should breach or fail to keep any
of the covenants or conditions hereof, or fail to perform
such covenants or conditions, •r to remedy the ease for thir-
ty (30) days after written notice of such failure or breach
on the part of the Lessee, given by the Lessor to the Lessee,
thin this lease shall be null and void.
/k 10. Nonuser by the Lessee of the leased premises
for highway purposes continuing at any time during the term
hereof for a period of eighteen (IA) months shall, at the
option of the Lessor, work a termination of this lease and
of all rights of the Lessee hereunder and nonuser by the
Lessee of a pertien of said leased printers continuing for a
like period shall, at the option of the Lessor, work a termi-
nation of all rights and 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
K written consent of the Lessor. The Lessee will surrender
peaceable possession of said premises at the expiration of
this lease.
12. All covenants and agreements herein recited ars
made by the parties hereto, for, and shall be binding upon
themselves and their successors and assigns.
In presence of: UNION PAQIPI9 DILROAD COMM!,
Tice President
Attest:
Assistas eerie ary
r The foregoing lease is accepted upon the terms
stated and executed by the Chairman of the Board of County
Cesntissigners of the County of Weld, State of Colorado,
upon this -' - day of :� , 1925,
pursuaht to authority vested in said Chairman by a resolution
duly passed and adopted by said Board of County Commissioners
on the day of _a. 14- • a =---, 1925.
Witness; COUNTY OF WELD, STATE Q'
�-- COLORADO,
r.)(-7 . BY --C9
Chairman, Board o1 County
Cemu.is s i one rs.
Att t;
%et/A/
cal eft
•
is
f i
i I
is .ate '
STATE QI' NXBRAS U,
as.
COUNTY OF DOUGLAS
On this 9 P day of _�-
I •
19*5, before me, a Notary Public in and for said County, per-
sonally appeared N. R. CALVIN, to me personally known to be
the identical person where name is signed to the foregoing
instrument as Vice President of the UNION PACIFIC RAILROAD
COMPANY, a corporation, vacs, being by me duly sworn, did say
that he is the Vice President of said corporation and that
the seal affixed to the foregoing instrument is the corpor-
ate seal of said corporation and that said instrument was
signed and sealed on behalf of said corporation by authority
duly conferred according to law and said B. E. CALVIN acknowl
edged said instrument to be his free and voluntary act and
deed and the free and voluntary aot and deed of said corpora-
tion.
IN WI TINSS WHEREOF, I have hereunto set m0' hand and
official seal at ��a � , this day of
Gu e e—�L �-✓ , 1925.
My commission expires
U � •
t_-ze'/
Notary loublLe
{ i
•
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FILE CONTAINS
OVERSIZED PLAT MAP
MARKED EXHIBIT A
PLEASE SEE ORIGINAL
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