HomeMy WebLinkAbout290003.tiff With. Cr . Dept. No. 5845-D
RESOLUTION OF ACCEPTANCE
of
BOARD OF COUNTY COLLISSION'aRS OF
WELD COUNTY, COLORADO.
Dated J A4'-'1w --». , a 11 , 1929.
Accepting lease from U.P.R.R.Co . covering a
portion of its right of way at Peckham,
Colorado , and authorizing the
execution of the same.
REgtOLUTIQX( 9F ACCEPTANCE
HSRtAS , the UNION PACIFIC RAILROAD COMPANY has
tendered to the COUNTY OF WELD, STATE OF COLORADO , a lease
of a portion of its right of way in said County , which said
lease is in words and figures following, to-wit:
"THIS AGREEMENT , made and entered into this
day of — , 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 ,
WITNESSETH:
1. The Lessor hereby leases to the Lessee for a
period commencing on the first day of January , 1929 , and
terminating five ( 5) 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 ( I ) 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' a 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 oenter line of the Lessor's main track , and
thirty (30) feet distant south at right angles
from the north line of said Section Twenty-three
(23) ; thence 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 (50) years ; thence northeasterly along
said northwesterly line of the sixty (60) foot
strip leased to Weld 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
or less , to the point of beginning;
as shown outlined by yellow lines upon the plat of said
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premises hereto attached , dated December 13 , 1928 , marked
*Exhibit A" and hereby made a part hereof.
2. As a consideration for this lease the Lessee
agrees to pay in advance to the Lessor a. rental of One Dollar
($1. 00) for the term hereof; to assume all taxes and assess-
ments 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
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 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 necessary properly to
care 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 from 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 ;
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.
4. The Lessor reserves the right to cross the
leased premises with such railroad 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
or permit them to be used except for the usual and ordinary
purposes of a street or highway , and it is expressly under-
eb od and agreed that such purposes shall not be dead to
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.
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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 understood that nothing in this lease con-
tained 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 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 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 encroachments upon the
leased premises , and to this end will , a t 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 premises.
9. If the Lessee should breach or fail 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.
10. Nonuser 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 nonuser 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.
11. 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 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 successors and assigns. "
ARID WHEREAS , it is considered that the best inter-
ests of said County of Weld , State of Colorado , will be
subserved by the acceptance of said lease ;
THEREFORE , BE IT RESOLVED BY THE BOARD OF COUNTY
3-
CO •.I ;SI0.NERS OF THE COUNTY OF WELD, STATE OF COLORADO ;
That the terms of the lease submitted by the Union
Pacific Railroad Company be , and the same are hereby , accept-
ed in behalf of the County of Weld , State of Colorado ; that
the Chairman of said Board of County Commissioners is hereby
authorized , empowered and directed to execute said lease in
behalf of said County and that it be duly attested by its
Clerk.
Adopted and approved at Greeley , Colorado ,
1929.
Attest:
17 /1 h7-117-17/
Board of
miseioners ,
County Clerk Weld County ,
• ' .s Colorado.
1. ice+ vim i •
cOArn
STATE OF COLORADO)
s .
COUNTY OF W.LD
/ l• rte
I , • g,4 .0 , Clerk of the County
of Weld , State of Colorado , hereby certify that the above
and foregoing is a true , full and correct copy of a resolu-
tion adopted by the Board of County Commissioners of the
County of Weld , State of Colorado , on the //6% day of
1929 , as the same ap
pears on file and
of record in my office.
Ii TESTIMONY WHEREOF , I have hereunto set my hand
and affixed the corporate seal of the County of Weld , State
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of C redo , in the City of Greeley , this J� day of
C`1;ah-u.-!21— , 1929.
- .—'—• a v
Clerk of the County of Wild ,
State of Colorado.
•
•5.
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