HomeMy WebLinkAbout160045.tiff Qt,i:i Engineer's
CI 4 003010 ILL•aingSCP
LEASE ---_ Div A' 704/ - - - -
Uri OT; PACIFIC RAILRCAD COI?DATTY
to
COUNTY OF D, STATE OF COLORADO
Dated April 18 , 1916.
For Highway Purposes
at
"'i1d Cat , Colorado
tat
DIJFLICA 1 E
100045
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THIS 'DENTURE OF LEASE, made and entered into this Eighteenth
day of April, A.D. 1916, by and between the UDION PACIFIC RAILROAD
. COMPANY; as party of the first part, and the COUNTY OF WELD, State of
_ Colorado, as party of the second part.. .
- - -S'?ITNESSETH, THAT:
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Raw' :S, the said Union Pacific Railroad Company is the owner
in fee simple of a .strip of land in the Northeast Quarter of the North- -
east Quarter of the Southeast Quarter (BE4 RE* SRI) and -Southeast Quar-
ter of the Northeast Quarter (SEe NEa) of. Section Four (4) , and the '
West Half of the Northwest Quarter (W* RWI) of Section Three- (3) , all -`
in Township Three (3) Borth, Range Sixty-seven ( 67) West of the Sixth
Principal Meridian, being One Hundred and Fifty (150) feet on the North-
westerly side of the center line of -the main track of the Denver forth-
i
ern Main Line of the said Union Pacific Railroad Company as the same is
now constructed, operated and maintained through, over, upon and across
said Sections Four ( 4) and Three (3) .
WEEREAS,.. said party of the second part desires to obtain a
portion. of said right of way for a public highway, longitudinallyy along
the said right of way strip owned by said Union Pacific Railroad Company
- as aforesaid , and has made application to said Union Pacific Railroad •
Company therefor, for the purpose aforesaid, to=wit, that of a public.
highway.. and -
WHEREAS, the _said Union Pao ific Railroad Company is willing
to lease- a portion of its' right of way to said County of weld, for the
purpose aforesaid., longitudinally along said northwesterly right of way
for the terms -hereinafter limited, or until such earlier period as the
said Union Pacific Railroad Company, or its successors or assigns, shall
have use for the same in its business' as a common carrier. -
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NOW,, THEREFORE, in consideration of the rents, covenants, and
agreements hereinafter contained to be paid, kept and performed by
the said County of Weld, party of the second part, and its successors,,
during the continuance of this lease , said Union Pacific Railroad Com-
pany bath demised and .let , and by these presents doth demise, lease and
let unto the said party of the second part, and its successors, the
following described strip of lend, to-wit:
A strip of land Twenty (20) feet in width situate in
the. Northeast Quarter of the Northeast Quarter of the South-
east .tuarter .(NEI. BEI SFr ) and the Southeast Quarter of the
Northeast Quarter (S NE*) of Section Pour (4) , and the
West Half of the Northwest Quarter (Wi- of tad&) of Section
Three (3) , all in Township Three (3) North, Range Sixty-
seven ( 67) West of the Sixth Principal Meridian, the center
line of said strip being described as,follows, to-wit :
Beginning at a point that is Ten (10) feet distant South
from the East and West center line of said Section Four (4)
and One Hundred Fifty (150) feet distant Northwesterly from
the center line of the main track of said Union Pacific
Railroad Company at Wild Cat station, when measured along
a radial line thereto, said point also being in the North-
westerly right of way line of said Union Pacific Railroad
Company; thence East and parallel with the East and West
center line of said Section Four ( 4) a distance of Eleven
( 11) feet , more or less, to a point , which is One Hundred
Forty (140) feet distant Northwesterly from the center line
of said, main track, when measured along a radial line thereto;
thence Northeasterly parallel with and One Hundred Forty
(140) feet distant Northwesterly from the center line of
said main track a distance of Seven Hundred Sixteen ( 716)
feet to a point; thence Northeasterly on a straight line a
distance of Two Hundred Twenty-eight (228) feet to a point,
which is One Hundred Sixteen ( 116) feet distant Northwesterly
from the center line of said main track, when measured at
right angles thereto; thence Northeasterly parallel with and
One Hundred Sixteen (116) feet distant Northwesterly from
the center line of said main track a distance of Three Hun-
dred Twenty-two. (322) feet to a point; thence Northeasterly
on a straight line a distance of One Hundred (100) feet to
a point, which is One Hundred Forty (140) feet distant North-
westerly from the center line of said main track, when
measured at right angles thereto; thence Northeasterly
parallel with and One Hundred Forty (140) feet distant
Northwesterly from the center line of said main track a
distance of One Hundred Seventy (170) feet to a point.;
thence Northeasterly on a straight line a distance of One
Hundred (100) feet to a point , which is One Hundred Sixteen
( 116) feet distant Northwesterly from the center line of
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said main- track, when measured .at right angles thereto;
thence Northeasterly parallel with and. One Hundred Sixteen
1116) feet distant Northwesterly frond the centerline of
said main track a distance of. i'hred Hundred ThirtyPtwo (332)
• feet -to a point ; thence Southeasterly and at right angles-
to the center line of said main track a distance of Sixteen
( 16) feet to the point of termination, said point of term-
ination being One. Hundred (100) feet distant Northwesterly
from -the center line, of said main track, when measured at
right angles thereto.
IT IS MUTUALT,Y COVENANTED, AGREED AND UNDERSTOOD, by and
between the parties hereto , that the lease- herein made by said Union
Pacific 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 6±' said Strip so leased to said party
of the°'second part, . shall at no place and under no circumstances-, be
nearer than One Hundred ( 100) feet from the center line of the main
_track of said Union Pacific Railroad Company.
The County of Weld, State "of Colorado, party of the second
part herein, hereby expressly covenants and agrees that- it will con-
tinuously use said strip of land to the full width thereof for high-
way purposes, and will not permit any person or persons whomsoever,
to go -upon said strip of land for the purnose. 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 AND 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
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to said Weld County, is to- be used and occupied by said County and
its subcessors solely, wholly and eiclusively as and for a public high-
'
way; and for no other purpose whatsoever; and the said pasty of the
second part shall not sublet the whole or, any part of the property . {
hereby leased, to an ersonpersons or corporation {
• any,person,, whomsoever.
In :consideration of this lease,-. the said County of Yield, '
State of Colorado, for itself and its successors, doth. hereby agree to,
pay as rent for said- leased premises, the sum of Five (5) Dollars "per
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 tho 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 Yield, State of Colorado, for itself and
its successors, hereby expressly, farther 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 stall be sooner terminated,; that the said party of
the second part will quietly andpeacably yield up possession of
said premises unto Union Pacific- Railroad Company., its successors -
or assigns, saving and reserving to said Weld County, 'the right to
remove all bridges or movable improvements -placed by it on said
leased premises.
' It is hereby mutually agreed and understood by and between
the parties hereto and this lease is upon the express condition,
anything hereirto the contrary notwithstanding,; 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 comply .with all of the
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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, mey require for its uses as a
tors
common carrier, the premises herein leased, may at any time at its , • . -
opt•ion, declare this lease terminated and ended, as to the whole or
any part of the property herein leased, by serving upon the County - `
of Weld a written notice of its election Soto do , which notice stall'
be' served -by delivering the same, di a. true- copy thereof, to the
County Clerk, or Chairman of the Board of County Commissioners, of -
said County of Weld, State of Colorado, a₹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 Twelve (12)
months from the service or delivery of said notice to it , the said
County of Weld shall end will surrender up the quiet and peaceable
possession of, and vacate the premises described in said notice to
the said-Union Pacific Railroad Company, or its successors or assigns,
so that said Union Pacific Railroad Company may be again in possession.
thereof, _ as under its first original right and estate therein, the
same as if this lease had never been made. _
Union Pacific ,Railroad Company hereby consents that the '
County of geld, State of Colorado, may terminate this lease by giving
,3 said_Union Pacific Railroad Company Twelve (12 ) months' written notice
of its intention so to do.
It is further understood upon the effective date of this
lease the following. lease shall be terminated and become void and of •
• no effect;
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S',
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"Lease from Union Pacific Railroad Company to Weld _
County, Colorado, dated April 18th, 1916, bearing C.E,Leaso _-
- - No. 23769 end C.E.Deed No. 13:176." •
.l IN WITNESS WHEREDW, said Union Pacific.Railroad Company
has caused this lease to -be signed by its , and
the said County of ,meId.. Colorado, has 'dieo caused this ;lease to be
duly executed and delivered by its Board of 'County Commissioners,. .oncd
attested. bythe County Clerk of said County, with the_seal of :said: '
County-attached, upon the day first 'horo9.n:c�ritten. - .
UflI ON. PACIP'I OLD 0(DIPAfl
ATTEST ,.---- & -. Party "of
N! , �.- 1 the first_
Gl '• zr- � ---1 y . Its PRESIDENT . •
1ckCS -
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COUNTY OP WELD,. COLORADO.
SIGhLD, SEAT,FD AND
DELIVERED l- THE ' By l' '
RE CE OP:.'
�� Patty'
$y C _ of the::
EleOpnd ' L.
By ail/ part. -
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COUNTY Cf ISBIONER$.
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