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Home My WebLink About290001.tiff • Cont. ?t. No. 5845-D F LEASE from UNION PACIFIC RAILROAD COMPANY to COUNTY OF WELD, STATE OF COLORADO Dated l',1)-'1.c.i,a,�.c _ i 1929. Covering a portion of the right of ray of the TJ.P.R.R.Co. at 'c.khaTL, Colorado , to be used for highway purposes. 1. 4.29 DUPLICATE-ORIGIA;AL Lessee 's Copy THIS AGRE' NT , ode and entered into this day of �f .cam t , 1929 , by and between the UNION PACIFIC RAILROAD COMPANY , a corporation of the State of Utah (hereinafter called "Lessor") , party of the first part , and the COUNTY OF WELD, STATE OF COLORADO , (hereinafter called "Lessee") , party of the second part , WITNi SS TH: 1. The Lessor hereby leases to the Lessee for a period oommencing on the first day of January , 1929 , and terminating five (8) years thereafter, unless sooner termi- nated in accordance with the terms hereof , the following described strip or parcel of land to be used for highway purposes only: A strip , piece or parcel of land situate in the Northwest quarter (Nth'- ) of Section Twenty-three (23) , Township Four (4) North, Range Sixty-six (66) West of the Sixth Principal Meridian, being all that part of the Lessor's right of way described as follows , to-wit: Beginning at a point that is two hundred (200) feet distant northwesterly at right angles from the center line of the Lessor' s main track , and thirty (3O) feet distant south at right angles from the north line of said Section Twenty-three (23) ; thOnee southwesterly along a straight line parallel with said center line of main track a distance of sixty.four (64) feet, more or less , to a point in the northwesterly line of the sixty (60) foot strip of land leased on May 25 , 1923 by the Union Pacific Railroad Company to Weld County for fifty (80) years; thence northeasterly along said northwesterly line of the sixty (60) foot strip leased to Held County , a distance of sixty- five and five-tenths (65. 5) feet to a point that is thirty (30) feet south at right angles from said north line of Section Twenty-three (23) ; thence west along a straight line parallel with said north line of Section Twenty-three (23) a distance of two and five-tenths (2.5) feet , more less , to the point of beginning; as shown outlined by yellow lines upon the plat of said remises hereto attached , dated December 13 , 1928 , marked 'Exhibit A" and hereby made a part hereof. I' 2. As a consideration for this lease the Lessee !agrees to poky in advance to the Lessor a rental of One Dollar ($1.00) for the term hereof; to assume all taxes and assess- ►cents 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 rail- road property of the Lessor in the state as a whole ; to keep -1- 29nno, the leased premises free from combustible material; to plant no trees or shrubbery , and to erect no structures thereon except :Bach as may be necessary for highway purposes ; to put nothing upon the leased premises which might obstruct or interfere with the view; to provide such ditches , culverts , bridges and other structures as may be neoessary properly to oare 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 free fire caused directly or in- directly by sparks or fire emitted from the engines or trains of the Lessor; and further to hold the Lessor harmless from any damages to the highway upon the leased premises which may result from the construction or maintenance of drainage ditches or waterways by the Lessor. 3. The Lessor reserves the right to take posses- 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 public or private warehouses , elevators , or other structures with the design to facilitate and promote traffic ; PROVIDICD, however, that in the event the Lessor sleets 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 raiirpkd tracks as may be required for its convenience or purposes in such manner as not un- reasonably 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. 5. The Lessee shall not use the leased premises er permit them to be used except for the usual and ordinary ipurposes of a street or highway , and it is expressly under- stood and agreed that such purposes shall not be deemed to linolude the use by the Lessee , or by others , of the leased premises for railroad or traction purposes or for the con- etruotion or maintenance of electric power transmission lines. 6. This lease is subject to all outstanding superior rights (including these in favor of telegraph and telephone companies , and leases to abutting property owners Ind others) and the right of mimesis and extensions of the Demo ; and it is understood that nothing in this lease eon- aained shall be construed as a covenant to put the Lessee 'Into possession or to protect the Lessee in the peaceable possession of said premises. 7. No special assessments for establishing or proving the highwasy located upon the leased premises are to -2- 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 encroaslmenta upon the leased premises , and to this end will , at its own expense , take all necessary action, including , as far as placticabls , the building of its ditches on and the borrowing of earth from the outer margin of said leased premises. 0. If the Leese* should brsaeh or fail to keep any of the oovenssnts or eonditianr hereof, or fail to per- form suoh covenants or ooaditio*I, or to remedy the same for thirty ( 30) daays 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. 10. Nonuser by the Lessee of the leased premises for highway purposes continuing at an ' 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 nonuser by the Lessee of a portion of said leased promises 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 suet portion. 11. This lease is not to be assigned , nor is any portion of the leased premises to be sublet , without the written 'tensest of the Lessor. The UMW will surrender peaceable possession of said premises at the expiration of this Lease., 12. All covenants and agreements herein recited are made by the parties hereto for, and shall be binding upon, themselves and their suecessors and assigns. ., in Presence. of: UNION PACIFIC RAILROAD COMPANY , snore 211 ger • Attest: e►.,risi*ni Saaratarr -3- The foregoing lease is acoepted upon the terms stated and executed by the Chairman of the Board of County Coszmissioner f the ounty of Weld t to of Colorado , upon this , day of , 1929 pursuant to author ty vested in said Chairman a resolu- tion duly passed and a o ted by s d Board of ty Commissioners on the day of .7-7-"" ..,, 1 1929. 7P - Witness : COUNTY ©P WELD, STATE OF COLORADO , - //)/c ,)4„.4 (4,24 /. Chairman, Board of County Commissioners. (sueAX4 Attest: 2; §4 /--ILLe.42'27,1a.leteL, ffounty disrk. DEr t5;Y L.':.:7 !C MS i riLERK. CGiJ C) COW TY C MMISSIONERS • A ' .. 1 n i -4.. STATJ ©P° L' �r. • COUNTY OP .' as. On this 2/44.- day of 0 192e. before ma , a Notary Publie in and for said County in the State aforesaid, personally appeared N. A. Williams , to me personally known, and to me 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 Genera]. Manager of Union Pacific Railroad Company; that the seal affixed to laid 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 N. A. Williams acknowledged said instrument to be his free and voluntary ant and deed , and the free and voluntary act and deed of said corporation, by it voluntarily executed , for the uses jl specified therein. 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