HomeMy WebLinkAbout160044.tiff 31.2
Lease - The County of Weld, Colorado .
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Denver, Colo. , August 9, 191.6 .
Agent,
Greeley, Colo.
Dear Sir:
Herewith for delivery to the , County Commissioners of
Weld County, Colorado, duplicate of Lease Div. Ho. 6810, favor
the County of Weld, dated April 1.8, 1.91.6, for roadway purposes
on right of way at Wild Cat,
This is a new Lease and drawn for a period of 20 years
at a rental of 05.00 per annum.
Yours truly,
l(n0Oiy
C,D 6sIo
LEASE BETWEEN
UNION PACIFIC RAILROAD COMPANY
AND
TIE COUNTY OF WIELD, COLORADO .
DATED ApriL 18, 1916.
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For Roadway purposes on right of way
at viiLd Cat station.
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DUPLICATE
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.k THIS INDENTURE OF LEASE, Made and entered into this Eighteenth
day of April A.D. 1916, by and between the Union Pacific Railroad
Company, as party of the first part; and the County of Weld, State
of Colorado, as party of the second part:
WITUESSETH: That,
WHEREAS, the said Union i'acific Railroad Company is the owner
in fee simple of a strip of Land in the- east one half (Es) of Section
Four (4) Township Three (3) North, Range sixty seven (67) West of the
Sixth (6th) Principal Meridian, being one hundred and fifty ( 150) feet
on the northwesterly side of the ,center tine of- the main track of the
Denver Northern Main Line of the said Union Pacific Railroad Company as the
same is now constructed, operated and maintained through, over, upon
' and across said section Four (4) 9
WHEREAS, said party of the second part desires to obtain a
portion of said right of way for a public highway, Longitudinally
along the said right of way strip owned by said Union Pacific Railroad
Company as aforesaid, and has made application to said Railroad Company
therefor, for the purpose aforesaid, to-wit, that of a public highway;
And,
WHEREAS, the said Railroad Company is willing to lease a portion
• of its right of way to said County of Weld, for the purposes aforesaid,
longitudinally along said northwesterly right of way for the terms here-
inafter limited or until such earlier period as the said Railroad Company,
A or its successors or assigns, shall have use for the same in its business
as a common carrier.
V
UOw THEREFORE, in consideration of the rents, covenants and
agreements hereinafter contained to be paid, kept and performed .
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by the. said County of Weld, party of the second part, and its successors,
during the continuance of this Lease, said Union Pacific Railroad
Company doth demise mid let, and by these presents doth demise, Lease
and .let unto the said, patty of the second part, and its successors,
the followibg described strip of land, twenty feet (20) in width to
"Beginning at a point that is one hundred ninety (190) feet
' distant northeasterly from the intersection of the east Line of Section
Four (4) Township Three• (3) North, Range sixty-seven (67) West of the
Sixth (6th) Principal Meridian and the center line of the main track
of the Denver Northern Main Line when measured parallel with said
center Line and 'one hundred six (106) feet distant northwesterly from
said center Line when measured at right angles thereto; thence north
aLong said east .line of- said section sour (4) Thirty six (36) feet
more or less; thence southwesterly two hundred forty three (243) feet
more or less to a point on the northwesterly right of way line of said
Union Pacific. Railroad Company, said •right of way line being one hundred
fifty ( 150) feet northwesterly from said center Line when measured at
right angles thereto; thence continuing southwesterly along said right
of way 'Line seven hundred thirty ( 730) feet more or• Less;. thence east
3. and at right angled to the east line. of said Section Four" (4) Twenty
two (22) feet more or Loss; thence northeasterly parallel with -eed
one hundred thirty feet distant southwesterly froe.paid center line when
measured at right angles thereto seven hundred twenty .(720) feet more
or less; thence continuing northeasterly two hundred ten (210) feet
more or less to the point of beginning."
IT IS MUTUALLY COVENANTED, AGREED AND UNDERSTOOD, by and
between the parties hereto, that the Lease herein ride by said Railroad
Company to said party of the second part, is a strip of Land Twenty
(20) feet in width, as hereinbefore described, and no more, and that
the inner line of said strip so leased to said party of the second pert,
shall at no place and under no circumstances, be nearer than -One Hundred
six ( 106) feet from the centerline of the main track of said Union
Pacific Railroad.Company.
The county of weld, State of Colorado, party of the Second
part herein, hereby empreesly 'covenants and -agrees that it will con-
tinuously use said strip of lend to the fall width thereof for high-
way purposes, and will not permit any person or persons whomsoever,
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to go upon said strip of land for the purpose of cultivating the
same, or living thereon, or permit any occupation thereof adversely
to 'said Union Pacific Railroad Company, in its ownership thereof,
or to the said County of Weld; State of Colorado, in its occupation
and' use thereof for highway purposes.
TO HAVE AIM TO HOLD, the said leased premises unto the
said County of Weld, Colorado, and its successors, for and during
the full term of Twenty (20) years from and after the 18th day of
April A.D. 1916, unless earlier terminated as hereinafter provided,
upon the express condition that the said strip of Land hereby Leased
to said Weld County,isto be used and occupied by said County and- ita
successors solely, wholly and exclusively as and for a public high-
way, and for no other purpose whatsoever; and the said party of the
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second part shall not sublet the whole or any part of the property
hereby Leased, to any person, persons or corporation whomsoever.
In consideration of this tease, the said County of
!veld, State of Colorado, for itself and its successors, doth hereby
agree to pay as rent for said Leased premises, the sum of- Five (5)
Dollarsper annum, for the period of twenty (20) years, from and
after the date aforesaid. Said annual rental to be paid on or
before the 18th day of April, in each and every year during the
continuance of the term hereby limited, the first. of which said
payments. shall be made on or before the 18th day of April, A.D. 1916,
for the year next thereafter ensuing.
Said County of 'WeLd, state of Colorado, for itself and
its successors, hereby expressly further agrees to and with the
Union Pacific Railroad Company that at the expiration of the term
hereinbefore limited, or at any earlier termination of this. Lease,
in case the same shall be sooner terminated, that the said party of
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the second part will quietly and peaceably yield up possession of
said premises unto Union Pacific Railroad Company, its successors
or assigns, sating and reserving to said Weld County, the right to
remove all bridges Or actable improvements placed by it on said
leased premises.
It is hereby mutually agreed and understood by and be-
tween the parties hereto and this lease is upon the express condition,
anything herein to the contrary notwifhstanding, that the Union Pacific
Railroad Company or its successors or assigns, in the event of the
failure of said party of the second part to oomply with all of the
terms, conditions, stipulations and covenants hereof, or in the
event that said Union Pacific Railroad Company, party of the first
part,- or its successors or assigns, may require for its uses as a
common carrier, the premises herein leased, may at any time at its
option, declare this lease terminated and ended, as to the whole or
any part of the property herein leased, by serving y[pon the County
of Weld a written notice of itsfeleotion so to do, which notice shall
be served by delivering the same, or a true copy thereof, to the
County clerk , or Chairman of the Board of County Commissioners, of
said county of veld, state of Colorado, at least Twelve ( 12) months
before the right of the said county shall be terminated as to the
land or premises described in said notice. And it is agreed and
understood that at and after the expiration of said helve ( 12)
months from the service or delivery of said notice to it, the said
County of ;.eld shall and will surrender up the quiet and peaceable
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possession of, and vacate the premises described in said notice to
the said Union =aoific Railroad Company, or its successors or assigns,
so that said Railroad Company may be again in possession thereof,
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as under its first original right and estate therein, the some 'as
if this lease had never been made.
Union Pacific Railroad Company hereby consents that the
County of veld, state of Colorado, may terminate this lease by
giving said Railroad Company Twelve (12) months written notice of
its intention so to do.
IN WITNESS WHEREOF said Union Pacific Railroad Company
has caused this lease to be signed by its President and the said
County of Weld. Colorado, has also caused this lease to be duly
executed and delivered by its Board of County Commissioners, and
attested by the. County Clerk of said County, with the peal of said
county attached, upon the day first herein written.
UNION •
Party of
IN THE E 0! tC By t
PRESIDENT at.
st
SIGNET. SEALED At)
DELIVERED IN TER
PRESENCE OR: COUNTY OF WELD. COLORADO.
Parties
By >o , (17-~-e-r_ of the
second
/1 124 part.
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ATTES s C t CO IS I *FRS.
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• RES OL IJT I 03
In relation to a right of way for highway purposes
along 'and upon Union Pacific Right of way
in the Ea.stL half of Section 4. Twp. 3 U.
Range 67 lest..
ih IT• RESOLVED by the Board of County Commissioners of
Weld County. Colorado, that the County Commissioners of said Weld
County, Colorado, are hereby authorized to sign, eaeoute and deLiver
a Lease dated April 18. L916,, between Union Pacific' Railroad Company
and the County of. Weld, State of Colorado, covering a strip of .Union
Pacific Railroad .Company's .right of way for public-.highway purposes
in the Last half of Seotion 4, Township 3 North, Range 6.7 West of the.
Sixth (6th) P.T . , more particularly described as follows; to wit:
"Beginning at a point that is one hundred ninety ( 190)
feet distant northeasterly from the intersection of the east line
of Seotion.Pour (4) Township Three (3) ?forth, Range sixty-seven
t of7thieemainst f the tracksixth oofthe6th)Denverincipal Northerneridian Main Lined- the center when. measuredine
parallel with said center line and one hundred six ( 106) feet distant
c northwesterly from said center line when measured at right angles
thereto; thence north along said east line of said section Pour (4)
Thirty Six (36) feet more or less; thence .southwesterly two hundred
• forty three (243) feet more or less to a point on"the northwesterly
right of way line of said Union Pacific Railroad Company, said right
of way fine being one hundred fifty ( 160) feet northwesterly from
said center line when measured at right angles thereto; thence con-
tinuing southwesterly atong said right of- way line seven hundred .
thirty ( 730) feet more -Or-less; thence east and at right angles to
the ' east east line of said Sect Ion Pour (4) t'went`y two - (22)_ feet`inure or
less; thence northeasterly paralLelaith and one hundred thirty feet
distant southwesterly from said center line when measured at right
angles thereto seven hundred twenty (720) feet more or lees; thence
continuing northeasterly two hundred ten • (2L0) feet more or Less to
the point of beginning."
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Clerk of Weld County, Colorado,
hereby certify that the foregoing is a trae, accurate and oo!plete
Dopy of a resolution duly adopted by the Board of County Commies-
- loners of Feld County, state of Colorado, at a meeting held on
the „FAL day of 11.D. 1916.
Ci!c ..4, County Cler1�
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