HomeMy WebLinkAbout280014.tiff Cont. Dept. No. 10936-A
LEASE
from
UNION PACIFIC RAILROAD COMPANY
to
COUNTY OF WELD, STATE OF COLORADO
Dated /I 1928.
Coverin ---
B portiOAB Of-.the right° Of way
of the U.P.R.R.Co. in Weld County
to be used for highway purposes.
t
6-1-28 DUPLICATE ORIGII AL
( C.of W. Copy)
j TCV/
t!i[tl ASl, aide *stared fate this
day of
by sal )e ea the 1t1 4X Wpmpi-
ties et the •tats at Ptah (h sr salmi •l,espr•,
at' the tits* part, aid this OSOff SSWOp OUTS O
party
(hereinafter salad •&.saws), party at tw mss!
Peet. SUPOOMMUs
1. the lesser hire) leases to t1 Mesas fay
a
period sesasiag ea the first of Ins, 10,0 and
tag to sad isalu iag the thistle day et legrier, Stir
swless sewer tesaaSaated is asee>tdasse with terns hares!
the following deserih d stripe or passel, of lead to 1e and
ter highway purposes oily;
Iegiantag at a potat whisk is three haadrud
thirty-three sad sac-tenth (idi.x) test gists*
ss*thhweterly tree the iatsreeea1as *f the last mad
west elate: lino et Satin Shirt (14, !unship
Pear (4) Barth Seaga itaty-sersn d11J wort of the
SUMPrincipal Meridiem. with the Muster Sias at
the seta treat of the Moat gabditletea it the Valais
patios saiireadf thew assured slag the Hats,
lime at said aais teak, mad was Madrid d atZty-thtee
sad tsar-tuaths (148,4) fest distant easterly these
tree whoa asassrsd es a lime *slob makes a serthsaet-
fitlysail* of Sixty-aims (4i) degree and tnaat 4ire
(U) aisutes with the easter lime if said maim
is the point st begisniagi than *gutsily to said
Ilse shish aakao a aorthaastet17 sails sf sixtyealss
(Si d tss mad twenty-fine(U) Mantes with the
eaaor lino of said aaia trash distance at tae
hatred eighty sad fire-tuths 1.'g0.0 tout to a
psiat; thous sertheshsrly en a straight lino whisk
ashes a n* thwasterl7 sisals et 'MI haadred thirty.
swum (1i1) digress and twat' 11Mantis with the
last described !auras a distaste* of eau hatred fifty
mad tws•testrhs (1N.i) test to a Weil thins• seatk*
sisterly ea a straight lisp which Was a seatkrrst-
ally angle of fiftythree IRS) d so and torty-sins
(4!) stifles with the last dsnri ed ;oars* a dim-
two of seventy-tour (74) test mars or less to a
paint, said point being sixty 40) test distant
southeasterly from the *esend above tiari)sd sours*
whoa asasrrod at right smile thirsts' thoats soothe
des sly on a straight lies parallel with sad silty
(SO) feet distant southeasterly at right eagles therm
the ssesnd *wawa desoribed Searle a dictates of use
Modred thirty (110) feat Were ft lees to a paint,
Said paint )sing sixty (40) lost distant southerly
ties the tirit above deseribsd *urea pred>laed ben
asasured at right eagles the et.j thus* westerly ea
a straight liars parallel with sat sixty (40) feet
distant southerly at right eagles tram the first
I
abort dssaahed a distaste at ter hmadred
sfaatp-satla (all first an it Unite a potato
said po=st helm. ie a straight lime Heigh 'atlas
an the pout of haaeniag sat sakes a southeast-
oily aaels of eighty-three (as) degree add tseat ►-
throt (M) stoats* with the first Share teaselled
stares* theme* serthroosterly on a straight lime a
distant, of silt -tae (dl) tilt Met. or loss, to
the pilot of hog T 'sataiaiag as area of fifty-
mins haodrsdthe (0.39 , sf an airs, mars or lois.
Also, begiastag at a point ea the east list of
Metioa Thirtest (13) Tawaship flan (d) Perth,
184$deridiaas which (si hsiaatted 4104y-sit sad sK
Oaths (tas.t) tat distant earth tees the tentheast
sense of the northeast #garter of said Psstinn
Tiistten (13) what measured along said most line of
lee its Thirties (13); theme, tenth ea said tut
lime of Satin Dittoes (lf) a distaste of ate
headset thirty-bte sad sets-teeth• (630.1) fast to
a point is thearthwtstsrly right of way line of
the Vales Paeifis Ysilrsad* Shan't M*thssetarl,y ea
malt asrthess 'Orly right of 'my lice * tiataase of
thirty-slaw 37) foot sore or lees to a point skit*
is thirty (30 feet distant net at right eagles fret
said stet limo of Settles Thirties 112); thous* seta
parallel with tad thirty (301 toot istast vest et
right eagles fres maid east limo of Potties lhirtsss
(13) a distant* of oat headset thirty-six (lit) foot
N -a point; theses stntha atesly as a liar viola
sat«s a aorthesstmrly angle of gas hmatred thirty-
three (133) dogmas sad twelve 012) minutes with the
loot desesihea wires a distant* of five bandied
etwomtosa (alt) foot an en less to a pellet ea the
ssnthsrly right of way liat of the Palau pasiti'
Railroad* themes asrthaastssl;y ea said southerly
right of limy list a distaste* of ems haatrel thirty.
aids (lit feet more or lees to a point which is
sixty tw feet distant teutheaetsrly at right eagles
from the last detsribed testis; themes assaisastsrly.
parallel with sad sixty (to) lest distant southeast-
eel at right *igloo from the tenth Shoos .*silk*i
memrss a distaste of Tsar haired uneaten (41?) foot
Mort or lees to a peiat whisk is thirty (30) feet
dieteat oast at right eagles from said east lice of
antis Thirteoa (13) ; theses earth, parallel with
aad from said east)limotof Metisa Waimea isteet oast at rig**
13)amyl**
base' at sight hundred twenty ($ilt) foot mare or 1sts
' to a point, said poilet being in a straight line which
pastes thaw the pe.ist of bsgiaaiag at right angles to
the first abets dtssribed **urge; themes sot ea a
aiat flea at right amass to the last taaesihsd
a distaaes of thirty (30) feet to the point of
begiaaleg, seatatsiag an area of ant and thirty-bas
bsadn dtbs (1.31) of sa atri, sere or lusts
a.
V
as skews outlined by yellow linen on the attached plat narked
inhibit •Aa, dated April 23. itei, and hereby made a part
*meet.
2. As a sonsidsratisa for this lease the Loess.
A
agrees to pay is advance to the Lessor a rental of Oa* Dollar
(ni.0o} per same; to sesame all taxes and assessments
Movie& upon the leased premises desist the teatimes**. of
this lease. not iaslutiag tames or assessments levied against
the l000milNrenises as a simpoaest part of the railroad preps
set? of the Lesser im the state as a Sort; to keep the
leased premina free free seabnstibis material; to plant as
trees sr abrnbbery, sad to net ne strantnres thereon sweep
seek as s y be net ssary for highway wpm's; to pat nothing
upon the leased premises whisk might obstruct or interfere
with the view; to provide sash ditches, sainrts, bridges and
ether *trusters. as may be aesessary properly to sere fee the
drainage from said premises and the adjoining right if wny
Ief the Lesser; sad Si held the Lesser harmless from any S
all damage. to any of sash strutters. en said leased promisee
'arising fres firs caused directly or iadirestiy by spasms e
fire emitted free the engines or trains of the lesser; sat
further to held the Lesser harmless free say damages to the
highway upon the leased primate whisk may result free the
ssastractioa es maiatasase of drainage ditohss or waterways
by the Losses.
3. The Lesser reserves the right to take posaes-
ales of ell or say portion of the leased premises skinner
the use thereof may beets aesessary or expedient, in the
judgasnt of the Lesser, for railroad purposes, ineludiag the
llesation of public or private warehouses, elevators, or ethos
strutters. with the design to facilitate sad promote traffic;
11991aH, bawswer, that is the event the Lesser sleets to
take pees..sioa of all sr any portion of the leased premises
is secerdamee with this reservation, it shall first serve
apes the Lessee ninety (90) tays' written notice of sash
election.
4. The Lessor reserves the sight to cress the
loess& premien with week railroad tasks es soy be received
for its 4OUVOOMMO or purpsaes is weak mamas as net un-
reasonably to interfere with their use as a public .
In the 'moot the Lessor shall plse. tracks upon the 1e
premises is secordaase with this resernatioa, it shall. upon
*sovietism of sack tracks. restore the highway across the
same to its formes state of usefulness.
5. The Lessee shell not use the leased premises
sr permit them to be used sweep! for the usual and ordinary
pmrps ses of a street or highway, and it is expressly anter-
stood and agreed that such purposes shall met be deemed to
ieesiade the use by the Lessee. or by others. of the leased
premises for railroad or trestles parpe.es or for the sem-
straatioe or maintennase of electric pewer transmissios
lines.
-I
C. This lease is subject to all outstanding
superior rights (including those in favor of telegraph and
telephone companies, and leases to abutting property owners
and others) and the right of renewals and extensions of the
eate; and it is understood that nothing in this lease eon-
tained shall be construed as a covenant to put the Lessee
into possession or to pretest the Lessee is the peaceable
possession of said premises.
9. No special assessments for establishing or is-
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. The Lessee agrees that it will, at its expense,
at any time during the term hereof, construct and thereafter
maintain on both sides of the leased premises such teases as
say be requested in writing by the Lesser. All such fences
shall be constructed in accordance with the standards of the
Lessor and in a manner satisfactory to the Lessor.
9. )or the purpose of protesting the reversionary
interests of the Lessor against the assertion of adverse
rights, the Lessee agrees to prevent eaeroachseats open the
leased premises, and to this end will, at its own expanse,
take all necessary action, including as tar as practicable
the building of its ditches on and the borrowing of earth
fres the outer margin of said leased premises.
10. If the Lessee should breach or fall to keep
any of the covenants or conditions hereof, or fail to per-
form such covenants or conditions, or to remedy the same for
thirty (30) days after written notice of such failure or
breach on the part of the Lessee, given by the Lessor to the
Lessee, then this lease shall be null and void.
11. 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 nen-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.
12. This lease is not to be assigaed, nor is any
portion of the leased premises to be sublet, without the
•
written consent of the Lessor. The Lessee willwmrrender
peaceable possession of said premises at the expiration of
this lease.
13. All covenants and agreements herein recited
-4-
are made by the parties hereto for, and shall be binding
upon, themselves and their successors and assigns.
In Presence of : UNION PACIFIC RAILROAD COMPANY,
By C/�� ►: _ z
Genera' Manager
Attest :
z5).
Assistant Secretary
The foregoing lease is accepted upon the terms
stated and executed by the Chairman of the Board of County
Commiss osrs of the Coun of Weld, State of Colorado, upon
this f4ZE day of - , 1928, pursuant to
authority vested in hairman by a resolution duly passed
and adooted by sai d of County Commissioners on the
day of &-iit 1928.
Witness : COUNTY OF WELD, STATE OF
COLORADO,
v G P"r J C By X i 1 � Ys-a»i�-
Cha rman, Board of County
• Commissioners.
Attest :
�: -•
County Clerk
O1IPUTY COUN f LBR&
5-
STATE O1 ?1,LAg4.41. 14.0.1
as.
COUNTY OF
On this day of• J
1928, before me, a Rotary Public in an for sai County in
the State aforesaid, personally appeared Welk. IBTFERa, to se
personally known, and to aye 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
is 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 of its
Board of Directors; and the said W. M. Zeffers 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 WITUSS WEBRBOF, I have hereunto set air hand
land official seal the day and year last above written.
My commission expires 7 /7-5' 0 .
o cry e
FILE CONTAINS
OVERSIZED PLAT MAP
MARKED EXHIBIT A
PLEASE SEE ORIGINAL
FILE
With Coat . Dent. 10935-A
RILajLUTION OP ACC'W TA SCE
r
1 v r
BOARD '(iF COUNTY COM ISSIOTE:iS OF
MILD COUNTY, COLORADO.
Dated --- -- - - --_r 128.
Accepting lease fro,1 LT. .:t.i.i.C :, covering
portions of its right of way it Weld
C:;Anty, Color::do, and s.uthoi•izing
t .a execut i;,n u y the swore.
6-1-28 DUPLICAT2 C IGINAL
RESOI TION OF ACCEPTANT
►RSZEA8, the UNION PACIFIC RAILROAD COMPANY has
tendered to the COUNTY OF WELD, STATE OF COLORADO, a lease
of portions of its right of way in said County, which said
lease is in words and figures following, to-wit :
"RHIS AGREEMENT, made and entered into this
day of v�{, , . - , , 1928,
by and between the—UNION PA RAILROAD COMPANY, a core
poratisa of the State of Utahrlhereinafter called •Lessor• ),
party of the first part, and the COUNTY OF WELD, STATE OF
COLORADO, (hereinafter called •Messes• ), party of the
second part, WITNESSETE:
I. The Lessor hereby leases to the Lessee for a
period commencing on the first day of Inns, 1928, and ex-
tending to and including the thirtieth day of September,
1930, unless sooner terminated in accordance with the terms
hereof, the following described strips or parcels of land .
to be used for highway purposes only;
Beginning at a point which is throe hundred
thirty-three and ono-tenth (333.1) feet distant
southwesterly from the intersection of the East and
West center line of Section Thirteen (13), Township
Your (4) North, Range Sixty-seven (67) West of the
Sixth Principal Meridian, with the center line of
the main track of the Dent Subdivision of the Union
Pacific Railroad, when measured along the center
line of said main track, and one hundred sixty-three
and four-tenths (163.4) feet distant easterly there-
from when measured on a line which makes a northeast-
erly angle of sixty-nine (69 ) degrees and twenty-five
(26) minutes with the center line of said main track
to the point of beginning; thence easterly on said
line which makes a northeasterly angle of sixty-nine
(69) degrees and twenty-five (25) minutes with the
center line of said main track a distance of two
hundred eighty and five-tenths (280.5) feet to a
point ; thence northeasterly on a straight line which
makes a northwesterly angle of one hundred thirty-
seven (137) degrees and twelve (12) Minutes with the
last described course a distance of one hundred fifty '
and two-tenths (150.2) feet to a point ; thence mirth-
easterly on a straight line which makes a southwest-
erly angle of fifty-three (53) degrees and forty-nine
(49) minutes with the last described course a dis-
tance of seventy-four (74) feet more or less to a
point, said point being sixty (60) feet distant
southeasterly from the second above described course
when measured at right angles thereto; thence south-
westerly on a straight line parallel with and sixty
(60) feet distant southeasterly at right angles free
-1-
the seeend above described course a distance of one
hundred thirty (130) foot more or lose to a point,
said point Doing sixty (60) feet distant southerly
from the first above described course produced when
measured at right angles thereto ; thence westerly on
a straight line parallel with and sixty (60) feet
distant southerly at right angles from the first
above described course a distance, of two hundred
ninety-seven 297) feet more or loss to a point,
said point being in a straight line which passes
thra the point of beginning and makes a southeast-
erly angle of eighty-three (83) degrees and twenty-
three (23) minutes with the first above described
course ; thence northwesterly on a straight line a
distance of sixty-one (61) feet more or less, to
the point of beginning; containing an area of fifty-
nine hundredths (0.89) of an acre, more or less.
Also, beginning at a point on the east line of
Section Thirteen (13) Township Your (4) North
Range sixty-lens (67) West of the Sixth Principal
Viridian which is Nine hundred eighty-six and seven-
tenths (986. 7) feet distant north from the southeast
corner of the northeast quarter of said Section
Thirteen ( 13) when measured along said east line of
Section Thirteen (13) ; thence south on said east
lino of Section Thirteen (13) a distance of six
hundred thirty-six and seven-tenths (636.7) foot to
a point on the northwesterly right of way line of
the Union Pacific Railroad; thence southwesterly on
said northwesterly right of way line a distance of
thirty-seven 37) feet more or less to a point which
is thirty (so) feet distant . west at right angles from
said east line of Section Thirteen (13) ; thence south,
parallel with and thirty (30) feet distant west at
right angles from said east line of Section Thirteen
(13) a distance of one hundred thirty-six (156) feet
to a point ; thence southwesterly on a line which
makes a northwesterly angle of ono hundred thirty-
three (133) degrees and twelve (12) minutes with the
last described course a distance of five hundred
seventeen (617) feet more or less to a point en the
southerly right of way line of the Union Pacific
Railroad; thence northeasterly on said southerly
right of way line a distance of one hundred thirty-
nine (139) feet more or less to a point which is
sixty ( 60 feet distant southeasterly at right angles
from the last described course; thence northeasterly,
parallel with and sixty (60) feet distant southeast-
erly at right angles from the fourth above described
course a distance of four hundred seventeen (417) feet
more or less to a point which is thirty (30) feet
tl distant east at right angles from said east line of
Section Thirteen (13) ; thence north, parallel with
and thirty (30) feet distant east at right angles
from said east line of Section Thirteen (13) a dis-
twice of eight hundred twenty (820) feet more or less
to a point, said point being in a straight line which
Pewees thru the pint of beginning at right angles to
the first above described sours.; thence west on a
straight line at right angles to the last described
course a distance of thirty (30) feet to the point of
beginning, containing an area of one and thirty-one
hundredths ( 1.51) of an are, more or less ;
• as shown outlined by yellow lines on the attached plat
• marked exhibit "A", dated April 21, 1928, and hereby made
a part hereof.
2. As a consideration for this lease the Lessee
1roes to pay in advance to the Lessor a rental of One Dolls)
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 agaias�l�
the leased premises as a component part of the railroad pre
.sty of the Lessor in the state as a whole ; to keep the
leased premises free from combustible material; to plant ne
trees or shrubbery, and to erect no structures thereon nsa
such as may be necessary for highway purposes ; to put aothi
upon the leased premises which might obstruct or interfere
with the view; to provide such ditches, culverts, bridges
and other structures as may be necessary prepef 7 to ear*
for the drainage from said premises and the edjo ning right
of way of the Lessor; and to hold the Lessor harmless from
say aad all damages to any of such structures on said
leased premises arising from fire Caused direetly or in-
dirsetiy by sparks er fire emitted from the engines or
• trains of the Lessor; and further to hold the Lessor harm-
less from any damages to the highway upon the leased premi-
ses which say result from the construction or maintenance
of drainage ditches or waterways by the Lessor.
3. The Lesser reserves the right to take p.sses-
sion 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 publio or private warehouses, elevators,
or other structures with the design to facilitate and pro-
mete traffic ; PROVIl3D, 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.
4. The Lessor reserves the right to cross the
leased premises with such railroad tracks as may be require
for its convenience or purposes in sash manner as not un-
reasonably to interfere with their use as a public highway.
In the event the Lessor shall plate tracks upon the leased
premises in aemordanse with this reservation, it shall,
upon completion of flush tracks, restore the highway across
the some to its former state of usefulness,
5. The Lessee shall not use the leased premises
or permit them to be used except for the usua . and ordinay
purposes of a street or highway, and it is expressly under-
stood and agreed that such purposes shall not be deemed to
3-
include the use by the Lessee, or by others, of the leased
premises for railroad or traction purposes or for the con-
struction or maintenance of electric power transmission
lines.
6. This lease is subject to all outstanding
superior rights (including those in favor of telegraph and
telephone companies, and leases to abutting property owners
and others) and the right of renewals and extensions of the
same; and it is understeed that nothing in this lease eon-
tainel shall be construed as a covenant to put the Lessee
into possession or to protest the Lessee in the peaceable
possession of said premises.
•
T. 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 protest the Lesser against
sad eats it harmless from sash special assessments.
8. The Lessee agrees that it will, at its expense,
at any time during the term hereof, cenetruet and thereafter
maintain on both sides of the leased premises such fences as
may be requested in writing by the Leaser. All such fences
shall be constricted in accordance with the standards of the
Lessor and in a manner satisfactory to the Lessor.
O. !or the purpose of protesting the reversionary
• interests of the Lessor against the assertion of adverse
rights, the Lessee agrees to prevent encroachments upon the
leased promises, and to this end will, at its own expense,
take all necessary action, including as far as practicable
the building of its ditches en and the borrowing of earth
from the outer margin of said leased premises.
10. If the Lessee Should breach or fail to keep
say of the covenants or conditions hereof, or fail to per-
form su h covenants or conditions, or to remedy the same for
thirty L20) days after written notice of such failure or
breach ij}ai the part of the Lessee, given by the Lessor to the
'; Lessee, then this lease shall be null and void.
11. 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
eptien 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 eentinuing for
P 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.
12. 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 expirat$in of
this lease.
.d.
13. All oevonants and agrsomoats heroin recited
ars made by ths parties hereto for, ant shall bs binding
upon, thomeolves and their successors and assigns.,
AND ■Nn4A8, it is oonsidersd that the best inters
Sets of said County of Vold, Stets of Colorado, will bs
subserrod by tho a000ptanes of said lease;
THRBBFORN, BB IT RDSOLVBD BY TEN BOARD OS COUNTY
CCNNIgnIOBBRa Or TSB COUNTY OF MILD, NATB OP COLORADO '
That the torus of the lease submitted by ths Union
'Pasifis Railroad Company be, and the seme ars hereby,
asssptst in behalf of the County of Veld, Kate of Colorado;
that the Chairman of said Board of County Commissioners is
hereby authorised, empowered and dirsat•d to ezooute said
looms in behalf of said County and that it bs duly atts�sstst
by its Clork. _Adopted and approved a ��GG
2
in& // `—!, ins.
Attest :
Mari of
County
Count it siSLrs.
(13c±f7aks---:
DEPUTY COUNTY LERll
STASD 01 gGa--I-a+(io
s.COMMarY SAGA•
Aie____
a !rCr✓ , Clerk of the
County of Weld, State of Colorado, hereby certify that the
above and foregoing is a true, full and correct sopp of •
resolution adopted by the Dowd of County Commissioners of
the mows of Weld, State of Colorado, on the
day of -, 1928, as the same appears on
file and of record in ay office.
IX TESTIMONY WEUROI, I have hereunto set my hand
and affixed the corporate seal f the County of Wald, Stets
of olorado, in till, City f 6,Y , this
day of 1126.
. Ka
Stork of thl, oun y or Weld,
State of Colorado.
DEPUTY C UNTY CLEH11
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