HomeMy WebLinkAbout550015.tiff F ` v//
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DUPLICATE ORIGINAL
COUNTY'S Copy
O. D. No. 101)61
!Q! AiLIMOBOI, slat* aM entered tats this
6tb day 4t OPIUM ► 1233,
by aM between MOO 1102110 RAILIDAD 4awux, a serpsratina
et *An State et 'Utah (hereinafter sailed "Leaser*), and Oar!
O WILD, STAIR OF COLORADO (hereinafter sailed *Losses") ,
laTODUsl4s
Notion 1. Si Loeser hereby leases to tks Lessee
ter a period of fire (3) pears 'sash: on the 27th day of
Arenst, 1633, and attending to and iasludini the 26th dap .t
ingest, 1960, close seeaer %orais:tot as herein pnfl4d,
the portion at the praaises et the Lesser at Den , Milt
caaaty, @slsrwe. Sows otetllad by erase* lines *a the print,
wed ingest 25, 1133, aarhed "bhibit A,* *Stashed hereto
and hereby made a part hers*!, said promisee to be used for
highway imposes only.
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5500/5
h/w
25yr
Section 2. As a consideration for this lease the
Lessee agrees to pay in advance to the Lessor a rental of
o erg dollars ($1: .00) per annum; to assume all taxes and
assessments levied upon the leased premises during the con
tinuance of tnis 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
construct and maintain the highway on the leased premises in .
accordance with plans and profiles submitted to and approved
by 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-
Nay 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 true Lessor ; and to hold the Lessor harmless from any
hand all damages to any of such structures on said leased
premises arising from fire caused directly or indirectly by
sharks or fire emitted from the engines Dr trains of the
lLessor ; and further to held the Lessor harmless from any
damages to the highway upon the leased premises which may
result frc.n the construction or maintenance of drainage
ditches or waterways by the Lessor.
The Lessee shall , in the construction, maintenance
and imprOVetnent 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 pule 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 beta°zse of the construction of said highway or the
aintenance 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.
r
Section 3, In connection with the construction of
the highway on the leased premises the Lessee shall assume
lithe cost of any necessary changes within the limits of the
might of way of the Lessor in the construction, grade or
hrainage of highways or other roadways crossing said right
pf way .
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2
h/w
25 yr
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, elevator 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 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.
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 expressiy
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
gasoline 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
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 $. No special assessments for establish-
ing 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.
3
•
h/w
25yr
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 its own 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 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 construc-
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 necessary and also
any necessary connections with existing fences of the Lessor. .
All fences shall 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
preise s.
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 (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.
Section 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. .
4
p _ . p-
•
-I
h/wi
25yr,,.
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
' surrender 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.
IN WITNESS WHEREOF , the parties hereto have caused
; this instrument to be executed in duplicate as of the date
( first herein written.
HWitness: UNI ACIFIC RAILROAD COMPANY, '
Att st:
(Seal )
Assistant Spretar
Winnow AS' SS at
Seen
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- RESOLUTION _ . .
vau
s , , � a, 041100,1 it t rw
4001 � Me' be 14 to 1
4004Y► ' fir! as Vat's P_ . 0 +a
11: 9. 11•• I m
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WHEREAS, the Board of County Commissioners-..of
i has said proposed agree-
ment a ont r Oi an as g yen it careful review and consider-
ation; and
WHEREAS, it is considered that the best interests
of said County of l a� S *
will be subserved by the aooeptanoe of said-agreement :
THEREFORE, BE IT RESOLVED BY-THE BOARD OF COUNTY
COMMISSIONERS OF ems WM S WIL0, MEM or a
That the terms of t-he• agreement-submitted by the
Union Pacific Railroad Company as aforesaid be, and the same
are hereby, accepted in behalf of aims. a
That the Chairman of the Board of County Commission-
ers of said County is hereby authorized, empowered and direc-
ted to execute said agreement on behalf of said County, and
that the County Clerk is hereby authorized and directed to at-
test said agreement and to attach to each duplicate original
of said agreement a certified copy of this resolution.
STATE OF ataims. )
ss
COUNTY CF _ )
I, Maga , County Clerk of the
County of *24 ant a ants , hereby certify that
the above' and foregoing is a true, full and correct copy of
la resolution adopted by the Board of County Commissioners of
County of t 4 , at a meeting held
according to law at 07; 4044,44, , on the itk
day of 8etall r , 19 ,p , as the same appears on
file and of record in this office.
IN TESTIMONY WHEREOF, I have hereunder set my hand
and affixed the seal of the County of __Amu ,
. this oth day of Seriti ber , .191‘_'
CounNw i
y Cle of the county or
(SEAL) Mt Selailin 1
Cntyi By L ).
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