The URL can be used to link to this page

Browse Search

Home My WebLink About750354.tiff RESOLUTION RE: EXTENSION RIDER WITH UNION PACIFIC RAILROAD COMPANY COVERING LEASE OF SITE AT PECKHAM, COLORADO EXPIRES DECEMBER 31 , 1978 : WHEREAS , the Union Pacific Railroad Company has tendered to the County of Weld, State of Colorado, an agreement extending to and including December 31, 1978 , the term of that certain lease dated February 11, 1929 , C. D. No. 5845-D 4 , as extended whereby the Railroad Company leased to the County of Weld, State of Colorado, a portion of its right-of-way at Peckham, Colorado, for highway material yard, and WHEREAS , the Board has said proposed agreement before it and has given it careful review and consideration, and WHEREAS, it is considered that the best interests of said County will be subserved by the acceptance of said agreement. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners , Weld County, Colorado, that the terms of the agreement submitted by the Union Pacific Railroad Company as aforesaid be and the same is hereby accepted; that the Chairman of the Board be and is hereby authorized to execute said agreement in behalf of said County; that the Clerk to the Board be and he is hereby authorized and directed to attest said agreement and to attach to each duplicate original of said agreement a certified copy of this resolution. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17thday of December , A. D. , 1975 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO u 4 t, J O4G�*til�;3a — ATTEST: o!. ' +� C Weld County Clerk and Recorder and\Clerk to the Board- BY:,( Deputy County , lerk ;A PROVED) AS TO FORD COUNTY ATTORNEY > l ` 750354 LHR 124 Form 2552 9.75-2M UNION PACIFIC RAILROAD COMPANY 121 WEST 15TH STREET CHEYENNE, WYOMING 82001 M. E. MERRITT SUPERINTNEDENT Cheyenne, Wyoming December 8, 1975 CD 5845-D Ms. Wilma Adams Deputy County Clerk Board of County Commissioners Weld Coutny 9th Avenue & 9 Greeley, Colorado 80631 Dear Ms. Adams: Please refer to agreement CD 5$45-D ,between Union Pacific Railroad Company and County of Weld covering lease of a portion of the Railroad Company's right of way to be used for highway purposes at Peckham, Colorado. Kindly execute the attached duplicate originals of Renewal Rider and return to me. Your attendion is directed to resolution to be passed by the County, a form of which is attached to the proposed rider. Yours truly, e /G'✓s-19 M. E. Merritt Superintendent 9-dw atts. from the office of Greeley, Colorado THE BOARD OF COUNTY CL _4ISSIONERS December 18 , 19 75 WELD COUNTY, COLORADO Mr . M. E. Merritt Union Pacific Railroad Company 121 W. 15th St. Cheyenne, Wyoming 82001 Dear Mr. Merritt: Enclosed you will find the duplicate originals of a renewal rider executed by Weld County, Colorado. We did, however, approve our own resolution rather than the one sent by you. A copy of said resolution is attached. Please return a signed copy of the rider to us for our files . If you have any questions , please contact us . THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO 0RADO S. LEE SHEHEE, O12. COUNTY CLERK & RECORDER AND CLERK TO THE BOARD By: Enc . Deputy County Clerk J ti^ e„ c'...,... 4*(�a��"y A Y a` T tc4ge is S a" +nFe'• ;�� 1 t'f!'" '✓a7;f,r5 •i, �+�' s.n s we ?' ca' , r s '�'' + t f"' ?4� ��`fn(F"f^�^Y'"'t'Y-';)-0k: J �i( �'�" ,''Y�"' R44.'r�kew �, ^yk�vJi,4.-,•rn� i. ..`F ,u'C.v>{..i*s'l�^hca nyi«t"r..:."7 '`r ym,-'t l+r'�.,e .( � � �� s., +wt'4.sP.\..ry3iS.'�.�y.•�.Ty�i. .,ti}.�� t> `e.,..., .r�yT.Tauy. '+c'�� "�'w,_� ,.Fi. :?�� Ys isfx i. .. 4isz." v .'..,_1Y••1-e�'_§ - �+F_• yt Sv'F� _.Vbi� �'. '1R� _.'T'9_�:�.^vl4'ito-S �f4V3.. y 0. t*::4�. N a ; fh,+w^J "" va '!t \v 'r AT/ M +l YV+L4 '"• _�-'1 k "y Rd ,,,,,,......��i,,,,,,''TTrp ca y�yw � ' ' ^t +".*a. e4 a,a was . . «'�t•'"'"� '� ` `° mac", °J., `�`TMr '45 `n. • • ET•g 7 °l' T: +C '1 (raeW V' V>. tb �" ' '`„0,"e'Vt.• '' `r^ �C �. n4'..,{a'} yr-cl A.. fin" :ra p.`<.-. ..... r.,. .>..k..�4 .^'4"al'' .it ti/ar'.. N ,.r.tr.'1P" �.I.s, ytv",r.".'+..�..+1` �^n F,- RESOLUTION WHEREAS , UNION PACIFIC RAILROAD COMPANY has tendered to the COUNTY OF WELD, STATE OF COLORADO, an agreement renewing for a period of five years commencing January 1, 1974 , contract dated February 11, 1929 , leasing to the County for highway purposes a portion of the Railroad Company' s right of way at Peckham, Colorado; such agreement being identified as Union Pacific Railroad Company' s C.D. No. 5845-D-5; and WHEREAS , the Board of County Commissioners of Weld County, Colorado, has said proposed agreement be- fore it and has given it careful review and consideration ; and WHEREAS , it is considered that the best interests of said County of Weld, ;state of Colorado, will be subserved by the acceptance of said agreement; THEREFORE , BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO: That the terms of the agreement submitted by Union Pacific Railroad Company as aforesaid be and the same hereby are accepted in behalf of said County; That the Chairman of the Board of County Commissioners of said County hereby is authorized, empowered and directed to execute said agreement on behalf of said County, and that the County Clerk hereby is authorized and directed to attest said agreement and to attach to each duplicate original of said agreement a certified copy of this resolution. STATE OF COLORADO ss COUNTY OF WELD I, , County 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 resolution adopted by the Board of County Commissioners of the County of Weld, State of Colorado , at a meeting held according to law at Greeley, Colorado , on the day of , 19 , as the same appears on file and of record in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the County of Weld, State of Colorado this day of , 19 • Res (Seal) • Cnty County Clerk of the County of Weld, State of Colorado. Form 2552 9.7 b4M UNION PACIFIC RAILROAD COMPANY OFFICE OF SUPERINTENDENT WYOMING DIVISION 121 W. 15th St. Cheyenne, Wyo. 82001 Jan. 8, 1976 CD 5845—D Ms. J. L. Heimbrick Deputy County Clerk Board of County Commissioners Weld County 9th Avenue & 9 Greeley, Colorado 80631 Dear Madam: This refers to previous correspondence regarding renewal of agreement CD 5845—D covering lease of a portion of the Railroad Company's right of way to be used for highway purposes at Peckham, Colorado. Herewith fully executed counterpart of instrument CD 5845—D-5 for your file. Please sign and return Acknowledgement of Receipt, also attached. Yours truly, M. E. Merritt Superintendent 9—lc atts WELD COUNTY CF°44 SSo �r''-1�if ,wLLs r JAN 1 >. 10 --,,,p_ . _'cL-o. _ i?i. t . Form 2214 574-5M RENEWAL RIDER Esc,.: C C . D.No5845-D-5 A-36476 C.D. 5845—D To be attach-ic,l to a-n No. Audit No. -_ - . ---- -. --- - _..._._-_ __. __ . . Na._._.__ - --' ----.._--... .__-_ _._. - - ---- No'----. ._ --- -----__. ...-_ - I3etween UNION PACIFIC RAILROAD COMPANY and COUNTY OF WELD, STATE OF COLORADO Present assignee (if any' — — lease of a portion of the Railroad. Company' s right of way to Covering be used for highway purposes , Peckham, Colorado. Location Feb. 1l 1929 Jan.1 , 1929 Dec . 31 , 1933 Dated ` -- Effective Date Expiration (C rbtinal, Expiration (b-e latest extension) December 31 , 1973. IT IS HEREBY MUTUALLY AGREED by and between the present parties to the above-named agreement. that said agreement, which by thi' refercure is made a part hereof, is hereby achap ed by said parties as their aorec- nicnt for a te- i h�� t r n 'January i 79 19 and extending to and incindine Lj -C�I°t �L' -31 , 19 t and that all the terms and conditions of said agreement, as heretofore or herein supplemented and/or amended, shall have the same force and effect and be as binding upon the parties hereto during said term as if the same were repeated herein said aycement with the supplements an ,oi cr amendments cif any' to be subject to termination prior to the expiration of the term herein named in the same manner as is provided therein for termination prior to the expiration of the term thereof. In consideration of the extended term herein provided, the County c'Ct1,'1 {ateoof of Weld, Sp Colorado, shall pay to Union Pacific Railroad Company upon the execution and delivery of this instrument the sun of one dollar ($1.00) and shall, during such extended term, keep, observe and perform all of the covenants and agree- ments set out in the above mentioned agreement as a consideration for the making thereof. Dated December 17 19 75 Made in duplicate. UNION PACIFIC RAILROAD COMPANY, Witness: i F Ac By6- 1 ' � -_--J. - `GenPrai Manager Attest: COUNTY OF WELD, STATE OF COIJDRADO, ♦' -(Seal) BY Cler --- P�rd of--oiuity f* (k,t i,,, :t1(2ptY ti)lk cL tip. c Commissioners I 1 p✓1 [ ' , 1 " �) OF I ICE Of 1ti'I=LU (;1)UMY CLERK AND RECORDER ; )y DLI AR CMLN1 OF CLERK TO BOARD 22E PHONE 13031 356-4000 EXT. 22QX C. P.O BOX 459 GREELEY, COLORADO 80631 COLORADO March 9 , 1979 Union Pacific Railroad Company C.O. Durham Director - Real Estate 1416 Dodge Street Omaha, Nebraska 68719 RE: CD-5849-D Dear Mr. Durham, We are returning your renewal lease proposal sent to us on December 28, 1978. We have researched our files and determined that Weld County no longer needs this portion of railroad right-of-way for highway purposes at Peckham, Colorado. The portion of land covered by this lease is now being utilized by the Colorado State Highway Department. Please contact Mr. Denny M. Graham, District Right-of-- Way Engineer for the Colorado State Highway Department, 1420 2nd Street, Greeley, Colorado 80631, regarding the future enactment of said lease. If we may be of any further assistance, please do not hesitate to contact us. Sincerely, WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD e, ;ice . Mary Ann Feuerstein BY: /:17t/ .7i ll',l('!n'- Keitha Hubbard KH:bf /Deputy County Clerk cc: Denny M. Graham Enc. UNION PACIFIC RAILROAD COMPANY 1416 DODGE STREET G O.DURHAM LI ION OMAHA,NEBRASKA 68179 DIRECTOR-REAL ESTATE mclflt 'ill'' March 7 , 1979 CD 5845-D Ms. J. L. Heimbrick Deputy County Clerk Board of County Commissioners Weld County 9th Avenue and 9th Greeley, Colorado 80631 Dear Ms. Heimbrick: Please refer to my letter of December 28 , 1978 and January 31, 1979 concerning agreement C.D. No. 5845-D between Union Pacific Railroad Company and the County of Weld covering lease of approximately . 01 acres of Railroad Company right of way for highway purposes at Peckham, Colorado which expired December 31, 1978 . Are you now able to advise this office if Weld County wishes to extend this agreement in accordance with the terms of my letter of December 28 , 1978 . Your early response will be appreciated. Very truly yours, WEED C0UI -y- S'� n UNION PACIFIC RAILROAD COMPANY C.O.DURHAM 1416 DODGE STREET ASSISTANT DIRECTOR-REAL ESTATE OMAHA,NEBRASKA 68179 UNION PACIFIC IIIIII January 31, 1979 CD-5845-D Ms. J. L. Heimbrick Deputy County Clerk Board of County Commissioners Weld County Ninth Avenue and Ninth Greeley, Colorado 80631 Dear Ms. Heimbrick: Please refer to my letter of December 28 , 1978 concerning agreement C.D. No. 5845-D between Union Pacific Railroad Company and the County of Weld covering lease of approximately . 01 acres of Railroad Company right of way for highway purposes at Peckham, Colorado which expired December 31, 1978 . Will you please advise this office if Weld County wishes to extend this agreement in accordance with the terms of my letter . Your early response will be appreciated. Very truly yours, 001454 MEN° ct* ocAP pa UNION PACIFIC RAILROAD COMPANY UNION 1016 DODGE STREET G.O.DURHAM PAC"'C OMAHA,NEBRASKA 68179 �4IIIIIMIn DIRECTOR-REAL ESTATE V I I I December 28, 1978 CD-5845-D Ms. J. L. Heimbrick Deputy County Clerk Board of County Commissioners Weld County 9th Avenue and 9 Greeley, Colorado 80631 Dear Ms. Heimbrick: Please refer to agreement C.D. 5845-D between Union Pacific Railroad Company and the County of Weld covering lease of approximately . 01 acres of Railroad Company right of way for highway purposes at Peckham, Colorado which expires by latest extension December 31, 1978. In the past, our leases were prepared on an individual basis, generally for a 5-year term. Extension or renewal of these agreements for a further 5-year term required individual negotiations which, of course, were costly and time consuming. Therefore, rather than extending our former leases for a period of five years as we have in the past, we have adopted a new standard highway lease agreement which we are implementing on a system-wide basis. The new agreements are prepared for a standard 25-year term. In order to further expedite the handling of these leases, we have standardized our highway lease rentals and allowed for a discounted lump sum rental payment as follows: Total Rental for 25-year Discounted Lease Area Rental term if invested at 7% Rental Rate 1.00 to 4 .99 ac. $100. 00 per year $ 6 ,325.00 $1, 165. 00 5 .00 to 10 .00 ac. $200. 00 per year 12,650. 00 2,330. 00 As further information, for areas less than one acre we propose a one-time lump sum payment of $300.00 and for areas greater than 10 acres we propose individual negotiations based on present-day land values in order to establish a fair rental rate and still maintain rental continuity. In line with the above, rental for the . 01 acres occupied by the county road, for a further 25-year term will be $300 for the entire term, payable in advance. Upon receipt of your favorable consideration of this proposal, I will recommend to our Management that Union Pacific enter into a 25-year highway lease agreement with The County of Weld, State of Colorado on the basis described above. Very truly yours,A Hello