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Home My WebLink About20110521.tiff O RESOLUTION RE: APPROVE VACATION OF PORTION OF WELD COUNTY ROAD 31 -WELD COUNTY DEPARTMENT OF PUBLIC WORKS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Union Pacific Railroad Company (UPRR) and the Board of County Commissioners of Weld County, Colorado have previously agreed that it is appropriate to close the UPRR crossing on County Road 31, and in order to accomplish this, a portion of County Road 31 must be vacated, and WHEREAS, by resolution of the Board of County Commissioners, a Memorandum of Understanding was signed by the Board of County Commissioners of Weld County, Colorado approving the closure of the UPRR crossing on County Road 31, and WHEREAS, the Weld County Department of Public Works, through its Director, Pat Persichino, has filed a Petition to Vacate the portion of County Road 31 which is impacted by the closure of the crossing, which portion of road is described on Exhibit"A,"and shown on the attached Exhibit "B," and WHEREAS, by various notices mailed to them, adjoining landowners were notified of a public hearing set for February 23, 2011,to consider the vacation of said portion of County Road 31, in accordance with the requirements of Section 43-2-303(2)(b), C.R.S., and WHEREAS, the Board of County Commissioners convened said public hearing on February 23, 2011, and heard testimony and reviewed all other evidence presented therein by staff and the public, and WHEREAS,the evidence showed that the vacation of that portion of County Road 31 which is described in the attached Exhibit "A," and shown on the attached Exhibit "B," will not leave any land adjoining the roadway without an established public road or private access easement connecting the land with another established public road, and WHEREAS, the Board of County Commissioners now deems it advisable to vacate said portion of County Road 31, with said vacation to become effective at the time and upon the conditions set forth below. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that such portion of County Road 31 which is described in the attached Exhibit "A," and shown on the attached Exhibit "B," be, and hereby is, vacated. BE IT FURTHER RESOLVED by the Board that there be, and hereby is, reserved for existing utilities within said vacated roadway an easement for the continued placement, maintenance, repair, and replacement of such utilities. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to directed to record this Resolution in the records of the Weld County Clerk and Recorder. 111111111111 MI 1111 11111 HUH III 111111111 IIII 2011-0521 3772569 06/07/2011 11:20A Weld County, CO C ( Pw EG0043 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder -/ / RE: VACATION OF PORTION OF WCR 31 -WELD COUNTY DEPARTMENT OF PUBLIC WORKS Page 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of February, A.D., 2011. BOARD OF COUNTY CO MISSIONERS WE COUNTY, CO O DO ATTEST: r ara Kirkmeyer, air Weld County Clerk to B d�^,y-y Sean , Pro-Tem BY: U Deputy Clerk to the et it F. Garcia A VEO FORM: • Davi . Long ounty Attorney � e" L3 D ugl RademaG er Date of signature: 3// 1 111111 1111 MI till Nil 1111111115III11111IIII 3772569 06/07/2011 11:20A Weld County, CO 2011-0521 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EG0043 EXHIBIT A A parcel of land located in the Southwest One-Quarter of the Northwest One-Quarter of Section 27 and in the Southeast One-Quarter of the Northeast One-Quarter of Section 28 in Township 4 North, Range 66 West of the Sixth Principal Meridian, Weld County, Colorado and described as follows: All that part of Weld County Road 31 lying within the Right of Way of the Union Pacific Railroad as located in the Southwest One-Quarter of the Northwest One-Quarter of said Section 27 and in the Southeast One-Quarter of the Northeast One-Quarter of said Section 28 and being 770 feet in length, more or less. The above descriptions was prepared by Leon Sievers, Right of Way Agent in and for Weld County, Colorado. AIM 11111 11111 I I I 1111 1111111111 I I 111111 I I I 11111 3772569 06/07/2011 11:20A Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2011-0521 EXI-IIBIT-A S27 8( 28 - T4N - R6 6W I ICI NW COR. S27-T4N-R66W ' FOUND #6 REB. W/2 1/2" ALUM. CAP (ILLEGIBLE) II At GILe ! EST I ► II 04, leer $ I , i AmtI ' L T W• 1:114 I � I, iI , LOT-B OF RECORDED EXEMPTION #3077 I I I , I I1411' ' NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT I ' I A MONUMENTED LAND SURVEY OR LAND SURVEY LOT-A OF RECORDED PLAT. IT IS INTENDED TO ILLUSTRATE THE EXEMPTION #3077 ATTACHED PROPERTY DESCRIPTION ONLY. I ' I LOT-A OF RECORDED \\W 1/4 COR. S27-T4N-R66W L4EXEMPTION #2738 j ! FOUND #6 REB. W/3 1/4"ALUM. CAP STAMPED TIN-R6dw PLS # 11399 - 2008 VACATION OF WCR 31 WELD COUNTY PUBLIC WORKS WITHIN TH E DEPARTMENT UNON PACIFIC RAILROAD RIGHT-OF-WAY hiDe. SCALE: DATE: 1"=200' FEB. 14, 2011 COLORADO DRAWN BY: JHB SHEET: 2 of 2 111111111111111111 liii 11111 1111111 1111 III 11111 liii I'll 3772569 06/0712011 11 :20A Weld County, CO A of 5 R 0.00 D 0 .00 Steve Moreno Clerk & Recorder Ir. //7 _ Ile , �► �� ,, 4. I 4,... , .4- /... ' T- I . ` F R� F ti • .r - !, iriciter..... • _ . i i 40 ,,--, , -,i- fi.,. ..es. :. rE, / , , , ,.. . /1 / . . ., c. E. . .4., . . . y .R i fin A *4.1 v se.. c I .trip ., •fir :lei1 414V - w y. A Qif 'l jJ Irk A • 1- ' / /I/H• s ' .. ?"1.1‘.: ,, * * s.� / J� I► - ' . 01:/14; // . . • . • ti f f f Ai y�'• f4.40,f_.:, r • . i a./.,%*'se ._;- • i ' (IS it or4°.4.P9H - ' Yr' ..e/ .'. ' -4);*:- -. '..Q 1 *la • . ,-, ,„, „.#0,,,, / / . a • . . .0 rose je . ei ..! / 40:1 Ot . • , e ,./ ., . ,r4m . , , .., ,7,- _ ivr An .i„ 4 ',. ; i• 4 LOT- B RE : 3077 s ;�i ,j .: • CD II CC f(Har - .7 .- lit I. II it / a - . ID LOT-A RE : 3077 • C2 , it4 try 41• ti,i" k CD CD _ art , >, o ; .. o LOT-A RE : 2738 r ,,a,, 7. u 0 Ca ,.. Ill . IC i ` x- -`.461.9.:1. 4t0 EXHIBIT 1� O I 1' s •1 ' to c ... "� /"� ;� W 1/4 COR. .� _ o . ; t" # } �' 527 T4N R66Wdie?) C7in t i I t 1I M Lo k NOTICE Pursuant to Section 43-2-303, C.R.S., and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley,Colorado, during its regular Board meeting. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Centennial Center, 915 10th Street, Third Floor, Greeley 80631, Colorado. E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. DATE: February 23, 2011 TIME: 9:00 a.m. APPLICANT: Weld County Department of Public Works 1111 H Street Greeley, Colorado 80631 REQUEST: Petition to Vacate a portion of County Road 31 between U.S. Highway 85, extending south and east, contained within the Union Pacific Railroad Company right-of-way, subject to dedicated and recorded easements and rights-of-way LEGAL DESCRIPTION: The public road right-of-way as described in the attached Exhibit A and depicted on attached Exhibit B BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: February 11, 2011 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing was placed in the United States mail, first class mail, postage prepaid, addressed to the following property owners. DATED this 11th day of February, 2011. UNION PACIFIC RAILROAD COMPANY ATTN: ALICE M. DE STIGTER, ATTORNEY 1331 SEVENTEENTH ST STE 406 DENVER CO 80202 NOBLE ENERGY INC 100 GLENBOROUGH DR STE 100 HOUSTON, TEXAS 77067 I KRISTEN SMITH *Li 1( lo 1--ks po it J 19522 COUNTY ROAD 31 UJ PLATTEVILLE CO 80651 `RyaA KirsEcn Sm ti ROBERT AND JACKIE BRUCE C3 I4 u1. a5-tL. S}. 4437 S CORTE FEBRERO �raal �o��V -Mato VALLEY AZ 8516-5448 TIMOTHY AND DEE ANN BULLER 19485 COUNTY ROAD 31 Kirsh() Sm ttk PLATTEVILLE CO 80561 38! 7O, 3tL St Gra(.; Co iEo 3q_ (5a7 o ,� Cos+lam S+awia.rski LLG Deputy Clerk to the Board kl Ur, .Jas \-1 I tar i. qqq i2 St. , Sty aao( .-birwue, Co Zo, c k o - M -i 441:::C4TI Uf [] TI ` Ile 40,T_ 0 N 7 trill 0 0 VI mLL HO cc! q OF ❑ R QZ V- Z �S No 6 F W 03 in 11Nn 0 o 2 H Cr N N - • A t W I O ILO. 7 F W N Z . '• #:. 4 Vim J W H 20 W X FU R = 41 r CC 3W = M CI J = O 3FI-W Q OZWtt Q IL 0 )W re I.L. 2z N) m o IL! C) W t (0 ON Q g• — toY ea r ¢y .M Lit ti) O O IX N t17 Q CMO G m co W O I- 00 a to ti } Y pap W CL al W Q IX (X C.) CL �F vA a � Ga we Weld Public Trustee: Foreclosure Details Page 1 of 1 IliZillfr',;')\-... Weld Comply rd49 ;* . Tragete •.�, a°t�T. � 1 _ � � _ �,. •n .. •4 J .�. . r . �.- i .x , ;- ifilti J441111 il 4 S "Lie)." (OA 11 Home About Us Fees Foreclosure Links Foreclosure Law Releases PROPERTY DETAILS ID: 10-1011 Return to foreclosure search Address LAW FIRM Bankruptcy Name: Castle Stawiarski, LLC Basics Cure File Number: 10-04687 Deed Law Firm Address: Mailings 999 18th Street Suite 2201 Denver CO 8O (:)a Publication Telephone: Redemption P (303)865-1400 Sale Information Fax: (303)865-1410 Withdrawal Deferments Email: View Documents Contact: , Jason C. Hilliard 1 Previous 1 Next Return to Search List Copyright©2008 Weld County Public Trustee's Office,All Rights Reserved. Disclaimer HRH o "III[TI *•: Il. http://www.wcpto.com/SearchDetails.aspx?id=640017055&fn=10-1011 2/14/2011 Weld Public Trustee: Foreclosure Details Page 1 of 1 W4d Comkty 131019,14 TtrAtite F 3. ,, eST, 4 ue,,z rrl' .c 1 e , ti - : re ; f lei Ai NI ligir ate, Home About Us Fees Foreclosure Links Foreclosure Law Releases PROPERTY DETAILS ID: 10.1011 Return to foreclosure search Address PROPERTY ADDRESS Bankruptcy Address. 19522 Weld County Road 31 Basics Platteville, CO 80651 Cure Deed Law Firm Subdivision: Mailings Publication Legal Description: LOT A, RECORDED EXEMPTION Redemption NO. 1O57-27-2-RE 3077, Sale Information ACCORDING TO PLAT RECORDED Withdrawal JULY 27, 2001 AT RECEPTION NO. Deferments 2869116, BEING LOCATED IN THE View Documents W 1/2 OF THE NW 1/4 OF SECTION 27, TOWNSHIP 4 NORTH, RANGE 66 WEST OF THE 6TH P.M_, Agricultural Property(if checked): CURRENT OWNER Name: Ryan A. Smith and Kirsten A. Smith Address: 2814 W 25th St Greeley, CO 80634-7626 rPrevious Next Return to Search List Copyright©2008 Weld County Public Trustee's Office,All Rights Reserved. Disclaimer Ellin 0MIN: • •AD: Ill http://www.wcpto.com/SearchDetails.aspx?id=640017055&fn=10-1011 2/14/2011 Weld Public Trustee: Foreclosure Details Page 1 of 2 It1410,- ;7:11 -!'.s. . ad. Cf 4 .5 7 Fob* Tfe Ur u r 4,, ter# �. ill �, ill dill 4; 44 Ai ,.. 0 istr..,. -AC I . Home About Us Fees Foreclosure Links Foreclosure Law Releases PROPERTY DETAILS ID:10-1011 Return to foreclosure search Address BASICS Bankruptcy NED Date: 5/6/2010 Basics Cure NED Reception#: 3691572 Deed Law Firm Originally Scheduled Sale Date: 9/8/2010 Mailings Publication Currently Scheduled Sale Date: 3/2/2011 Redemption Sale Information Date File Received: 4/29/2010 Withdrawal Deferments Date File Created: 5/4/2010 View Documents NED RERECORDING Date: Reception#: DEED OF TRUST Date: 7/26/2007 Recorded: 8/2/2007 Reception#: 3494368* LOAN INFORMATION Loan Type: FHA Original Principal Balance: $202,492.00 Principal Balance As Of Date: 4/29/2010 Outstanding Principal Balance: $198,328.28 Interest Rate: 7.125 Interest Type: Fixed Current Holder. BAC Home Loans Servicing, L.P. Grantee(Original Beneficiary): Mortgage Electronic Registration Systems, Original Grantor(Borrower): Ryan A. Smith and Kirsten A. http://www.wcpto.com/SearchDetails.aspx?id=640017055&fn=10-1011 2/14/2011 Weld Public Trustee: Foreclosure Details Page 2 of 2 Previous Next Return to Search List Copyright©2008 Weld County Public Trustee's Office, All Rights Reserved. Disclaimer n •nop • :•:1 http://www.wcpto.com/SearchDetails.aspx?id=640017055&fn=10-1011 2/14/2011 Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R1039902 Parcel#: 105727200038 Tax Area: 0121 Bordering County: Acres: 1.75 Township Range Section Ouart. Sec. Subdivison Name Block# Lot# 04- 66 - 27 - 2 - - Owners Name&Address: Property Address: SMITH KIRSTEN A Street: 19522 31 CR 19522 COUNTY ROAD 31 City: WELD PLATTEVILLE, CO 80651 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 7/1/2002 $194,900 WD 2967479 Legal Description PT W2NW4 27-4-66 LOT A REC EXEMPT RE-3077 (.22R) Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Residential 1112 Acres 1.75 Land Subtotal: 1.75 $70,000 $5,570 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Residential 2 Out Building 3 Out Building Improvements Subtotal: $72,525 $5,770 Total Property Value $142,525 $11,340 Building Details Account#: R1039902 Parcel#: 105727200038 Owners Name&Address: Property Address: SMITH KIRSTEN A Street: 19522 31 CR 19522 COUNTY ROAD 31 City: WELD PLATTEVILLE, CO 80651 Building*, Property Type 1 Residential Individual Built As Detail Built As: 1 1/2 Story Fin Year Built: 1913 Exterior: Frame Hardboard HVAC: Hot Water Baseboard Interior Finish: Drywall Built As SQ Ft: 1411 #of Baths: 1 Roof Type: #of Bdrms: 3 Roof Cover: Composition Shingle http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=10572... 2/14/2011 Identify Results Page 2 of 2 #of Stories: 2 Rooms: 0 Units: 0 Garage: Attached SQ Ft: 0 Detached SQ Ft: 0 Basement: Total SQ Ft: 750 Finished SQ Ft: 0 Account#: R1039902 Parcel#: 105727200038 Owners Name&Address: Property Address: SMITH KIRSTEN A Street: 19522 31 CR 19522 COUNTY ROAD 31 City: WELD PLATTEVILLE, CO 80651 Building# Property Type 2 Out Building Individual Built As Detail Built As: Barn Year Built: 0 Exterior: Wood Frame Siding HVAC: None Interior Finish: Built As SQ Ft: 1 #of Baths: 0 Roof Type: #of Bdrms: 0 Roof Cover: #of Stories: 0 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R1039902 Parcel#: 105727200038 Owners Name&Address: Property Address: SMITH KIRSTEN A Street: 19522 31 CR 19522 COUNTY ROAD 31 City: WELD PLATTEVILLE, CO 80651 Building# Property Type 3 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 0 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 1 # of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: # of Stories: 0 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://map s2.melri ck.com/W ebsite/W e l d/setS ql.asp?emd=QUERY&DET=PP&pin=10572... 2/14/2011 ROAD PETITION TO: BOARD OF COUNTY COMMISSIONERS DATE: 2//1x0// WELD COUNTY, COLORADO P.O. BOX 758 GREELEY, COLORADO 80632 FROM: WELD COUNTY DEPARTMENT OF PUBLIC WORKS The Weld County Department of Public Works hereby petitions that the road right-of- way described in the attached Exhibit "A" for Weld County Road (WCR) 31 be declared abandoned and vacated by Weld County, reserving, however, those easements set forth in the attached Exhibit "B." The properties and owners of said properties adjoining and nearby said right-of-way are as follows: Union Pacific Railroad Company Alice M. de Stigter, #12771 Attorney for Union Pacific Railroad Company 1331 Seventeenth Street, Suite 406 Denver, CO 80202 Noble Energy, Inc. 100 Glenborough Drive, Suite 100 Houston, Texas 77067 Lot A RE: 3077 Parcel Number 105727200038 Property Owner and Address: Kristen A. Smith 19522 WCR 31 Platteville, Colorado 80651 Lot B RE: 3077 Parcel Number: 105727200039 Property Owner and Address: Robert E. Bruce and Jackie Bruce 4437 S. Corte Febrero Green Valley, Arizona 8516-5448 Lot A RE: 2738 Parcel Number: 105728400009 Property Owner and Address: Timothy Buller and Dee Ann Buller 19485 WCR 31 Platteville, Colorado 80561 Existing utilities within the right-of-way or holding a recorded interest to use or cross this right-of-way, may include, but are not limited to, oil and gas pipelines, sewer, gas, water, or similar pipelines and appurtenances, ditches or canals and appurtenances, and electric, telephone, and similar lines and appurtenances. As support for this petition, Petitioner states that this road vacation is requested to facilitate the closing of the Union Pacific Railroad Company (UPRR) Crossing on WCR 31, which closure has been jointly supported by the Board of County Commissioners of Weld County and UPRR. Petitioner further states that no part of the proposed road vacation is within a City or Town or a County, other than the County of Weld; that no portion of proposed road closure is shown as part of an approved or recorded subdivision plat, map, or unincorporated community legally filed prior to any regulations controlling subdivisions; and that vacation of the right-of-way will not leave any land adjoining said roadway without an established public road or private-access easement a/ connecting said land with another established public road. SIGNED this // day of le r Vac r Y , 2011. WELD COUNTY DEPARTMENT OF PUBLIC WORKS By: 4 #144e W ne Howard, County Engineer SUBSCRIBED AND SWORN to before me this // day of Fe br u r2y , 2011, by Wayne Howard, Weld County Engineer. WITNESS my hand and official seal. Notary Public Public My commission expires: 5 = 9 - of 9 SHARON BENSON •I NJ Page 2 of 2 Pages 9tF QF ... csv EXHIBIT A A parcel of land located in the Southwest One-Quarter of the Northwest One-Quarter of Section 27 and in the Southeast One-Quarter of the Northeast One-Quarter of Section 28 in Township 4 North, Range 66 West of the Sixth Principal Meridian, Weld County, Colorado and described as follows: All that part of Weld County Road 31 lying within the Right of Way of the Union Pacific Railroad as located in the Southwest One-Quarter of the Northwest One-Quarter of said Section 27 and in the Southeast One-Quarter of the Northeast One-Quarter of said Section 28 and being 770 feet in length, more or less. The above descriptions was prepared by Leon Sievers, Right of Way Agent in and for Weld County, Colorado. EXhIBIT-A S27 & 28 - T4N - R66W 81\c• NW COR. S27-T4N-R66W FOUND #6 REB. W/2 1/2" ALUM. CAP (ILLEGIBLE) II4115 GILCREST i i O � o „err e I ' I � I LOT-B OF RECORDED I I EXEMPTION #3077 I I I , I i III I�' I ' NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY ILOT-A OF RECORDED PLAT. IT IS INTENDED TO ILLUSTRATE THE EXEMPTION #3077 ATTACHED PROPERTY DESCRIPTION ONLY. IiI LOT-A OF RECORDED I "\, W 1/4 COR. S27-T4N-R66W SW 1/4EXEMPTION #2738 FOUND #6 REB. W/3 1/4" I ! I ALUM. CAP STAMPED S'27-TwR66W PLS # 11399 - 2008 taf ' WELD COUNTY PUBLIC WORKS VACATION OF WCR 31 DEPARTMENT WITHIN THE ' UNON PACIFIC RAILROAD SCALE: DATE: RIGHT-OF-WAY i"=too' FEB. 14, 2011 COLORADO DRAWN BY: JHB SHEET: 2 of 2 . . / 9 •- • 4Ir i .' r. . • •".. c" )44 'I . A jillin 41. ft Al 4 • _ .. _ .,/t. , r ' - �.. •. , • a 1, - �ti ems. � :— �. ' zv • - t I Ci .. III I r . No • I a < •• • f.:te et illipprer„."••••,..... . , . :••••:: :. .-.:. - 7." ' '' ' r ePtCr • • • ‘, c . • 74 te '' Yis �o�bw�f i L • .4, . if ' : G44 4 .• : I i . • At sr 1 b '. it ♦,.‘d w • 7r%+ i •� j Dr' f fir x Jr" ed 4/" $10 /.../ it e► / ;� � r Cil 1/1:1 • y at*44et, -NT • f . ra• iv , _ • e� rIts a re LOT- B RE : 3077 A . titi . 4,1 Ill s S r. r/ I c •w. ,. .--' ' - � I / LOT-A RE : ., �' .tr or ! ' . LOT-A RE : 2738 y v ct I , . . r- ., • EXHIBIT - -.. W 1/4 COR. ,.1 • j ,C 27 T4N R66W „, . •, , T: ., , L 14.a . , � '�l .. . - ' - . 1861 - 220 „ MEMORANDUM TO: Weld County Board of Commissioners May 9, 2011 W E L OU N T Y FROM: Stephanie Arries, Assistant County Attorney SUBJECT: Closure of Union Pacific Railroad Crossing on County Road 31 The Board of County Commissioners of Weld County, Colorado, adopted a Resolution on February 23, 2011, authorizing the closure of the Union Pacific Railroad Crossing on County Road 31. Pursuant to that Resolution, an application for the closing was jointly filed by the Board of County Commissioners of Weld County, Colorado, and Union Pacific Railroad Company on March 14, 2011. As the Colorado Public Utilities Commission had not yet approved the closing, the Resolution could not be recorded. On May 4, 2011, the Colorado Public Utilities Commission issued the "Order Deeming Application Complete and Granting Application". Therefore, at this time, the Resolution of February 23, 2011, may be recorded. O6Yrvvukr) Ca U.. . UP"' 9 a On-O.5sai 5- 16-ZO E606(1.3 Decision No. C11-0477 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO DOCKET NO. 11A-225R IN THE MATTER OF THE APPLICATION OF UNION PACIFIC RAILROAD COMPANY AND THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY FOR AUTHORITY TO CLOSE THE AT-GRADE CROSSING OF THE UNION PACIFIC RAILROAD COMPANY AT WCR 31,GILCREST, COLORADO (U.S. DOT#804-344L) MILE POST 40.61 ON THE GREELEY SUBDIVISION, IN THE CITY OF GILCREST, WELD COUNTY, COLORADO. COMMISSION ORDER DEEMING APPLICATION COMPLETE AND GRANTING APPLICATION Mailed Date: May 6, 2011 Adopted Date: May 4, 2011 TABLE OF CONTENTS I. BY THE COMMISSION 1 A. Statement 1 B. Findings of Fact 3 C. Discussion 6 D. Conclusions 10 II. ORDER 10 A. The Commission Orders That: 10 B. ADOPTED IN COMMISSIONERS' WEEKLY MEETING May 4, 2011 12 I. BY THE COMMISSION A. Statement 1. This matter comes before the Commission for consideration of an application (Application) filed jointly by the Union Pacific Railroad Company (UPRR) and the Board of Before the Public Utilities Commission of the State of Colorado Decision No.C11-0477 DOCKET NO. 11A-2258 County Commissioners of Weld County (Weld County) (collectively, Joint Applicants) on March 14, 2011, requesting authority to abolish the existing at-grade highway-rail crossing of Weld County Road (WCR) 31 with Milepost 40.61 of the UPRR Greeley Subdivision, National Inventory No. 804344L, in the City of Gilcrest,Weld County, State of Colorado. 2. The Commission gave notice of this Application to all interested parties, including adjacent property owners in accordance with § 40-6-108(2), C.R.S. The Notice was mailed March 29, 2011. 3. On March 17, 2011, Staff of the Commission propounded additional questions requesting clarification of information provided in the Application. 4. On March 18, 2011, Weld County provided information in response to the questions propounded by Staff of the Commission. 5. On April 1, 2011, UPRR filed the Affidavit of David E. Peterson attesting that notice of proposed closure of the crossing was posted at the crossings on March 29, 2011. Photos showing the posting of the closure notices were also provided. The posted notice complies with Commission Rule 4 Code of Colorado Regulations (CCR) 723-7-7208(c), Rules Regulating Railroads, Rail Fixed Guideways, Transportation by Rail, and Rail Crossings. 6. On April 1, 2011, the Joint Applicants filed a Motion to Amend Application in Docket Number 11A-225R (Motion to Amend). The Motion to Amend provided new Exhibits A-1 and A-2 to the Application. 7. On April 19, 2011, public comments were received from Ronnell Heitman and Ella Heitman. Both commenters object and protest the closing of the WCR 31 crossing. However, neither commenter requests a hearing in this matter. No intervention was received opposing the Application. 2 Before the Public Utilities Commission of the State of Colorado Decision No.CI1-0477 DOCKET NO. 11A-225R 8. The Joint Applicants omit profile drawings from the Application as no grade changes are proposed for the work necessary to abolish the crossing with the exception of the construction of the turnaround to the southeast of the WCR 31 crossing as shown in Exhibit A-2 to the Application. Plan drawings are provided. Commission Rule 4 CCR 723-7-7204(c) allows an applicant to omit required information from the Application that is excessive compared to the scope of the proposed project. Given that no roadway or track profiles are proposed to change with this Application, omission of the profile information is appropriate. 9. The Commission has reviewed the record in this matter and deems that the Application is complete within the meaning of§ 40-6-109.5, C.R.S. 10. Now being fully advised in the matter, we grant the Application. B. Findings of Fact 11. The Commission gave notice to all interested parties, including the adjacent property owners. Two public comments objecting and protesting the closure of the WCR 31 crossing were received by the Commission. No intervention was received opposing the Application. 12. The Joint Applicants propose to abolish the crossing of WCR 31 in Gilcrest, Colorado by removal of the roadway and crossing surfaces. 13. UPRR currently has two tracks through this crossing consisting of one mainline track and one yard track. UPRR currently runs 16 trains per day through the crossing at a maximum timetable speed of 60 miles per hour (MPH) for freight trains and 70 MPH for passenger trains. There are currently no projections for future changes in traffic. There are currently no scheduled passenger train movements through the subject crossing. There are currently crossbucks and separate stop signs posted at this crossing. 3 Before the Public Utilities Commission of the State of Colorado Decision No.C11-0477 DOCKET NO. 11A-225R 14. There are currently 154 vehicles per day(VPD)using the WCR 31 crossing based on 2007 traffic counts. The Joint Applicants state that projected traffic counts for WCR 31 are not available. 15. The Joint Applicants provide information in the Application showing that three at-grade highway-rail crossings are available to drivers within two miles of the WCR 31 crossing including WCR 29 and UPRR milepost 39.02, WCR 40 at UPRR milepost 39.7, and WCR 42 at UPRR milepost 41.03. The WCR 40 and WCR 42 crossings are the nearest crossings to the WCR 31 crossing. The Commission recently approved the installation of active warning equipment at the crossings of WCR 40 and WCR 42 in Docket No. 10A-257R. Based on a 2009 traffic count, there are 224 VPD using the WCR 40 crossing, and based on a 2010 traffic count, there are 376 VPD using the WCR 42 crossing. 16. Based on information provided by the Joint Applicants, two accidents have occurred at the UPRR crossing of WCR 31 since 1975. One accident resulted in a roadway driver fatality and railroad employee injury, and the other involved property damage only. 17. The Joint Applicants state that they are seeking approval for the abolishment of the WCR 31 crossing as this crossing is redundant. The Joint Applicants state that abolition of this crossing will not significantly affect public access, emergency services, or traffic flow in Weld County. Additionally, the abolishment of the WCR 31 crossing would eliminate unfavorable crossing characteristics of this crossing, including the limited storage distance of 105 feet between the WCR 31 crossing and U.S. Highway 85 to the west of the crossing and the skewed angle of the crossing which reduces sight distance for motorists. 18. Exhibit A-2 to the Application shows the work necessary to abolish the WCR 31 crossing including installation of full-width Type III Barricades on both sides of the 4 Before the Public Utilities Commission of the State of Colorado Decision No.C11-0477 DOCKET NO. 11A-225R abolished crossing, vacation of the WCR 31 roadway east and south of the crossing, installation of a half-width Type III Barricade further south and east from the abolished crossing with a sign stating "Emergency Access Only", and construction of a turnaround area just east of the half-width Type III Barricade. The existing crossing surfaces and pavement between the Type III Barricades and crossing signage will be removed by UPRR. 19. Construction necessary to remove the WCR 31 roadway and abolish the WCR 31 crossing is expected to begin immediately upon approval of the Commission and be complete within 90 days of the final Commission Order. 20. UPRR estimates the cost of closure of its crossing at $6,000 for the railroad related work. The estimated cost of the roadway work for the closure is $25,000 and will be paid for by Weld County. 21. The Joint Applicants interviewed Mr. Rod Deroo, Operations Manager for the Weld County Paramedic Services, regarding emergency service access. Mr. Deroo stated it is difficult to determine typical routes used in an emergency, but that key crossings used throughout the county are WCR 54 and WCR 80. 22. Two letters of opposition and protest were filed in this matter. Neither letter requested a hearing in this matter. 23. The letter from Ronell Heitman objects to the closure of the WCR 31 crossing for the following reasons: the crossing is 1) accident free; 2) provides a direct and efficient route of access to many businesses and residences; 3) is utilized by emergency response and safety systems; 4) has a high level of visibility in both directions for oncoming trains; 5) is level which results in a less dangerous access; and 6) has a very good distance from the tracks and allows for 5 Before the Public Utilities Commission of the State of Colorado Decision No.CI I-0477 DOCKET NO. IIA-225R safe approach. Mr. Heitman questions why a crossing with so many positive aspects is proposed to be closed. 24. The letter from Ella Heitman protests the closure of the WCR 31 crossing for the following reasons: 1) the road is used in the morning and evening by employees of several businesses; 2) to Ms. Heitman's knowledge, there has never been an accident at the crossing in the 30 plus years she has lived in the area; 3) there is a longer distance from U.S. Highway 85 to the railroad than at many of the crossings; and 4) it gives a shorter distance for emergency vehicles such as Sheriff or Fire Department. C. Discussion 25. Subsections 40-4-106(1),' 40-4-106(2)(a),2 and 40-4-106(3)(a)(1),3 C.R.S., both provide the jurisdictional basis for the Commission to act on applications to abolish railroad crossings and establish the standard to be applied to such applications. Hassler and Bates Company v. Public Utilities Commission, 168 Colo. 183, 451 P.2d 280 (1969) (interpreting predecessor statutes with substantially identical language to current statutes). Based on the statutory language and the Colorado Supreme Court's interpretation, the standard to be applied in this case is: will abolishing (that is, closing) the WCR 31 crossing serve to prevent accidents and As pertinent here, that subsection grants the Commission the "power ... to make ... special orders ... or otherwise to require each public utility to maintain and operate its ... tracks, and premises in such manner as to promote and [to] safeguard the health and safety of... the public and to require the performance of any other act which the health or safety of its employees...or the public may demand." 2 As pertinent here, that subsection grants the Commission the"power... to determine, [to] order, and [to] prescribe the terms and conditions of installation and operation, maintenance, and protection of all such crossings which may be constructed including ... the installation and regulation of... means or instrumentalities as may to the commission appear reasonable and necessary to the end,intent,and purpose that accidents may be prevented and the safety of the public promoted." 3 As pertinent here,that subsection grants the Commission the "power... to order any crossing constructed at grade ... to be ... abolished, according to plans and specifications to be approved and upon just and reasonable terms and conditions to be prescribed by the commission[.]" 6 Before the Public Utilities Commission of the State of Colorado Decision No.C11-0477 DOCKET NO. 11A-2258 to promote public safety; and, if so, are there just and reasonable conditions and terms which the Commission ought to attach to the closing? 26. Using the information provided by the Joint Applicants, the existing exposure factor at the crossing is 2,464 (number of trains per day multiplied by the number of vehicles per day). Exposure factors for the WCR 40 and WCR 42 crossings are 3,584 and 6,016 respectively. 27. The cumulative exposure factor for the three crossings is 12,064. With the WCR 31 crossing removed and assuming that all of the WCR 31 traffic uses some combination of the WCR 40 crossing and WCR 42 crossing, the cumulative exposure factor remains the same; however, the overall risk decreases since the exposure occurs now at only two crossings as opposed to three crossings. 28. Using the information provided by the Joint Applicants, the hazard index, as the calculation is outlined in the 1974 Colorado State Highway Railroad Grade Crossing Data book, for the WCR 31 crossing is currently 1.13. The hazard index is the probable number of accidents expected to occur in a five-year time period. The existing hazard indices for WCR 40 and WCR 42 are 1.24 and 1.51 respectively prior to the installation of the active warning equipment and 0.63 and 0.72 respectively once the active warning devices are installed. The cumulative hazard index for the three crossings is 3.88 prior to the installation of the active warning equipment and 2.48 after installation of the active warning equipment at WCR 40 and WCR 42. 29. Looking at a worst case scenario, if all of the WCR 31 traffic started using the WCR 40 crossing, the new WCR 40 crossing hazard index would be 1.51 before the installation of the active warning equipment and 0.72 after the installation of the active warning equipment. In this scenario, the cumulative hazard index would be 3.02 before the installation of the active warning equipment and 1.44 after the installation of the active warning equipment. 7 Before the Public Utilities Commission of the State of Colorado Decision No. C11-0477 DOCKET NO. 11A-225R If all of the WCR 31 traffic started using the WCR 42 crossing, the new WCR 42 crossing hazard index would be 1.70 before the installation of the active warning equipment and 0.78 after the installation of the active warning equipment. In this scenario, the cumulative hazard index would be 2.94 before the installation of the active warning equipment and 1.41 after the installation of the active warning equipment. 30. For both worst case scenario calculations looking at the cumulative hazard indices both prior to and after installation of active warning equipment, the total number of accidents expected to occur in a five-year time period is reduced with the closure of the WCR 31 crossing. 31. It is our principle function in this proceeding to determine whether the WCR 31 crossing should be abolished in order to prevent accidents and to promote public safety. Our decision is predictive out of necessity because we are dealing with the prevention of accidents and promotion of public safety when the crossing is abolished in the future. While we cannot predict with absolute certainty and accuracy what may happen in the future, we have to make the best judgment possible based on the data available. 32. Based on our analysis, with the reduction in the number of crossings to which vehicles are exposed to potential train collisions and a reduction in the cumulative hazard index with the closure of the WCR 31 crossing, we find that closure of the WCR 31 crossing will serve to prevent accidents and promote public safety and find that the WCR 31 crossing should be abolished. Both the road authority and the railroad in this matter agree that this crossing should be abolished, and the evidence and analysis show that closing the WCR 31 crossing will prevent accidents and directing the vehicles to the other nearby crossings of WCR 40 and WCR 42, which are being equipped with active warning devices including flashing lights and gates, will promote public safety. 8 Before the Public Utilities Commission of the State of Colorado Decision No.C11-0477 DOCKET NO. 11A-225R 33. In reaching our decision, we are mindful of, and take fully into consideration, the comments provided by the Heitmans. We are aware that some drivers that currently use the WCR 31 crossing may experience some out of direction travel. However, these drivers will now be using the adjacent crossings that will have equipment in place to more actively warn drivers that a train is approaching the crossing, thereby promoting the safety of the traveling public in this area. The record does not indicate that closure of the WCR 31 crossing will inhibit emergency response to this area. With a two-track crossing, it is always possible that sight distance for drivers can be limited or inhibited by any trains or railroad cars parked on the second track. While generally at crossings where the more the roadway and the tracks are skewed from a 90 degree angle, the more limiting the sight distance can be for drivers, based on the exhibits provided by the Joint Applicants, the skew at the WCR 31 crossing is very small and likely does not contribute significantly to sight distance issues. Finally, public convenience and public necessity are not factors enunciated in the statute for our consideration when determining whether to abolish a railroad crossing. On balance, while the points raised by the Heitmans are significant and not to be dismissed lightly, they arc insufficient to overcome the evidence of increased public safety and of prevention of accidents which support the Application. 34. The Commission's second function in this matter is to determine whether there are just and reasonable terms which should be imposed. In this matter, we will require specific filings to be made that are necessary to complete the record in this case. 35. The Joint Applicants will be required to inform the Commission in writing that all work necessary to abolish the crossing is complete within ten days of completion. The Commission will expect this letter by August 5, 2011. However, the Commission does 9 Before the Public Utilities Commission of the State of Colorado Decision No.C11-0477 DOCKET NO. 11A-225R understand this letter may be provided earlier or later than this date depending on changes or delays to the construction schedule. 36. The Joint Applicants will also be required to file copies of the updated U.S. Department of Transportation National Inventory forms showing this crossing as closed. These updated inventory forms are to be filed with the completion letter by August 5, 2011. 37. UPRR will be required to remove the existing passive warning signs and remove the crossing surfaces and roadway materials between the barricades. Weld County will be required to place permanent barricades on both sides of the abolished crossing so that drivers are no longer able to access the tracks. D. Conclusions 38. The Commission has jurisdiction in this matter under §§ 40-4-106(2)(a) and (3)(a), C.R.S. 39. No intervenor that filed a petition to intervene or other pleading contests or opposes the Application. 40. Because the Application is unopposed, the Commission will determine this matter upon the record, without a formal hearing under § 40-6-109(5), C.R.S., and Rule 1403, Commission Rules of Practice and Procedure, 4 CCR 723-1. 41. We will grant the Application consistent with the above discussion in paragraphs 11 through 36. II. ORDER A. The Commission Orders That: 1. This application (Application) filed jointly by the Union Pacific Railroad Company (UPRR) and the Board of County Commissioners of Weld County (Weld County) 10 Before the Public Utilities Commission of the State of Colorado Decision No.C11-0477 DOCKET NO. 11A-225R (collectively, Joint Applicants) on March 14, 2011 as amended on April 1, 2011, requesting authority to abolish the existing at-grade highway-rail crossing of Weld County Road (WCR) 31 with Milepost 40.61 of the UPRR Greeley Subdivision, National Inventory No. 804344L, in the City of Gilcrest, Weld County, State of Colorado is deemed complete within the meaning of § 40-6-109.5, C.R.S. 2. The Motion to Amend Application in Docket Number 11A-225R is granted. 3. The Application, as amended, is granted. 4. UPRR and Weld County are authorized and ordered to proceed with the abolishment of the WCR 31 crossing in Gilcrest, Colorado as shown in the plans included in the Application. 5. UPRR will be required to remove the existing crossing surfaces and roadway between the permanent Type III Barricades at the WCR 31 crossing. 6. UPRR and Weld County are required to inform the Commission in writing that the crossing abolishment is complete within ten days after completion. We shall expect this letter by August 5, 2011. However, we understand this letter may be provided earlier or later than this date depending on changes or delays to the construction schedule. 7. UPRR and Weld County are required to file copies of the updated U.S. Department of Transportation National Inventory forms showing this crossing as closed by August 5, 2011. 8. The 20-day period provided for in § 40-6-114, C.R.S., within which to file applications for rehearing, reargument, or reconsideration, begins on the first day following the effective date of this Order. 11 Before the Public Utilities Commission of the State of Colorado Decision No.C11-0477 DOCKET NO. 11A-225R 9. The Commission retains jurisdiction to enter further required orders. 10. This Order is effective on its Mailed Date. B. ADOPTED IN COMMISSIONERS'WEEKLY MEETING May 4,2011. (S EA L) THE PUBLIC UTILITIES COMMISSION OF COCQ4 OF THE STATE OF COLORADO 7) O JAMES K. TARPEY A � h ?ILr 61 MATT BAKER ATTEST: A TRUE COPY Commissioners O EFFECTIVE 20 CHAIRMAN RONALD 8. NZ RESIGNED APRIL 8, 2011. Doug Dean, Director 12 r AGREEMENT RAILROAD HIGHWAY GRADE CROSSING CLOSURE GRADE CROSSING US DOT NO. #804-344L AT WELD COUNTY ROAD 31, RAILROAD MILEPOST 40.61, GREELEY SUBDIVISION, GILCREST, COLORADO THIS AGREEMENT is made and entered into by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("UPRR"), and the BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO (hereinafter"Weld County"). RECITALS: UPRR wishes to permanently close the Weld County Road 31("WCR 31") at-grade public road crossing at Railroad Milepost 40.61, DOT No. 804-344L on UPRR's Greeley Subdivision in Gilcrest, Colorado. The location for this crossing closure is shown on the print dated February 14, 2011, marked Exhibit A, attached hereto and made a part hereof(the "Road Crossing"). The term "Road Crossing," as used in this Agreement, shall include, without limitation, the roadway approaches for WCR 31 at this location. This road crossing closure is one of three coordinated safety projects in Weld County that are the subject of a Memorandum of Understanding Regarding Crossing Changes in the Interests of Public Safety at Weld County Roads by: Realignment of County Road 54 and Union Pacific Tracks, Closing of An Existing Crossing, and Signal Installation at Crossing on County Road 80, dated November 24, 2010; and attached hereto as Exhibit B. Pursuant to that agreement, Weld County and UPRR submitted an application to the Colorado Public Utilities Commission ("CPUC") on March 14, 2011. The CPUC approved same on May 4, 2011, and entered an Order to close the UPRR at-grade crossing at Railroad Milepost 40.61 and WCR 31 in Gilcrest, Colorado. See Decision# C11-0477, incorporated herein and attached as Exhibit C. This Agreement is made to cover the understanding reached between the UPRR and Weld County concerning the work remaining to close WCR 31. AGREEMEN'I': NOW THEREFORE, it is mutually agreed by and between the parties hereto as follows: SECTION 1. Weld County, at its own cost and expense, an estimate of which has been marked Exhibit D and attached hereto, shall remove the roadway approaches up to the track tie ends, remove advanced signing and pavement markings, and, with respect to certain portions of the remaining driveway, install Metal Gates and Type III Barricades, as indicated on Exhibits A-1 and A-2 (also attached). Weld County expects to perform all work associated with the closure using its own personnel. However, if Weld County uses the services of a Contractor to perform any service with respect to this project, Weld County shall require any contractor performing work on UPRR right-of-way to execute the UPRR's Contractor's Right of Entry Agreement that has been marked Exhibit E and attached. Weld County further agrees to provide to UPRR the insurance policies, certificates, and endorsements described therein before allowing any contractor to C, Thant ark, c20//- O5-2I �o-�orl 660093 commence any work on UPRR's property. Weld County, as a part of this commitment, shall close and barricade the Road Crossing in accordance with the Manual on Uniform Traffic Control Devices ("MUTCD") and shall remove the roadway appropriately in accordance with all applicable Colorado regulations and the MUTCD. Any such barricades shall not be placed within twenty-five (25) feet of the railroad track. SECTION 2. UPRR, at its own cost and expense, shall remove the railroad crossing surface and the passive warning devices that currently exist on the UPRR right-of-way at the WCR 31 crossing. UPRR shall also maintain the metal gates installed by Weld County as indicated in Exhibits A-1 and A-2. UPRR's May 11, 2011, Summary Estimate of the costs and expenses UPRR will incur for the surface work, has been marked Exhibit F, and attached. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper and duly authorized officials as of the dates indicated below. UNION PACIFIC RAILROAD COMPANY By: 'Z(NA-P,Ci v j--:Printe ame: JOA, h4(1.9-Ale C, Title: AVP ENGINEERING Date: g/3/// BOARD OF COUNTY COMMISSIONERS, WELD COUNTY, COLORADO / Printed Name: Barbara Kirkmeyer Title: Chair Date: JUN 2 0 2011 Approved s to form and content:-5it Stigter, 4O7/if By: Alice M. de Stigter, neral Attorney Date Union Pacific Railroad Company G'.\DENLAW\PUBLIC UTILITIES COMM CASES\2011 PUC CASESU IA-225R WCR 31 GILCREST-WELD COUNTY\Crossing Agreement\2011.06.06 WCR 31 Crossing Agreement rgamd.doe L9G//-6.54 • EXUIIIIT"A 827 6 20•TAN-0OAW N COPo m xj AeW Jr ►WN. tP(IttO1r�i• ALM cnoP1.ltO M.0 ii OILC BST r� igi . fog d a+o'1/4 `��0 .'e MPI,I4 4; 114 '� `�` ew 1 f; I.QYLx0lnlxc0xn8I) �!' OxxMPTION 03071 I. ROM 1I1ONitNE MIIMMAP 00 •ytt atP11�tA,'`'r I IXI RP M ION0N101011x7 AUMxR0 PROPUIIT 0[ 0Nx1�1 RY , WM OP IUICOIIDMD W 1 A COB.517168400W IIXUAPrION 1127.16 row to ms.W/1 I/4 PIS 111799.10000 VACATION OR wait at MILD COUNTY PUBLIC WORKS MINIM TUBcrit DMPAIVI'MMN'I' UNONPACIPIU RAILROAD (I� '�j l w uK1i , RIOIIIWU•WAY {n1�o, r-mo� i, VIM KIWI v. . A 616686ri 1101 Inn 2612 C EXHIBIT Al A IliII Y■ I 1 i 1 I o k Or 1 \ .q1 •,•• 9 I _ � a : , spa r ., - )•!:000 IV: ' 61 oo+-t71 1 ii ,I II ' - 1r ?,4 lq $ 1 ,. ; 1 I �i i?; 11 Z j f� 1,. v ,I ete 00+c t :I 4E '. : ? ' ..� - ;a gni p4ill r Ifi i i t_, P 89 jj''' , 1 '11. / rJ Q NA rm R 2≥� •M1 f" �� `-'I �•• 1,� / Z ' a$" ,4 r" m „, 'so D ,4 t ig lilt s i I i F I II ii A a1 1. aa"' aai sa1 asi ss'" naI aaI a 11 y II-- II-. II__ iI-V il-- 4Ivv II-- ii-- 4IV- li! 04 1 �1 `� �i ii iit i tisii 0iil Fill ii, a ^ IIlXpt� �� t54.... a��Y Ji� o'3 i N !! '1 SR 3u a ' 11 11 II II 11 11 ll H HH ll I -I rir EXHIBIT A -I u ---_l ' is z a 0o o - r in (no g Or Il il . Xi 0:II X I ' • .1:3/410. H t Z ' • • r. • ri e d OOO Jiy 4• m I f O ° ` c 1 z H . � Jl J a 1Xii ti o (A— t. A Z • i ' m r dr CO m ; � <.r O Om ' . Az Aripg co > -1 mom > �fq� D D � K. � .�� °1 0M m c7 O Z 11:U 'IEEM pj -1 n61^j 45 i * O w O m O -mpvo — w ► . J Pt; .1 � rD -{ HP cn�D g � CD � � � DmO <mcnm �� •,� vO -nr > %n � 0 - %6) �C . :" f i ; 1 co . . 4) • •.. . 4 • o ..i /-1: •► °'o m . /: - a . -{ M� L �.,tiq i I- s n 'd 5 fib/� 4> ,/ , • { Wn Z7 / / I I. ii,:it r. • I'. i ? n r- 13 4.2 is 1 til . ., _4 . . 1 (MI .i . n S �: r, As / i/c if 'Las`4 / ..,' • sar • q . 'It , ,.. • A / • Y Fil EXHIBIT 4 .2 • • MEMORANDUM OF UNDERSTANDING REGARDING CROSSING CHANGES IN THE INTERESTS OF PUBLIC SAFETY AT WELD COUNTY ROADS BY: REALIGNMENT OF COUNTY ROAD 54 AND UNION PACIFIC TRACKS, CLOSING OF AN EXISTING CROSSING,AND SIGNAL INSTALLATION AT CROSSING ON COUNTY ROAD 80 THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made this 2_ctay of 7AN0ddy/ ,2010, by and between the COUNTY OF WELD, State of Colorado by the Board of County Commissioners of Weld County(hereinafter"Weld County"), and UNION PACIFIC RAILROAD COMPANY,a Delaware Corporation (hereinafter"Railroad"). WITNESSETH: WHEREAS, Weld County and Railroad are responsible for operating and maintaining their respective roads and tracks within their respective boundaries,without detriment to the public health and safety; and WHEREAS, Railroad maintains certain of its railroad tracks within Weld County, which,at several locutions intersect with Weld County roads at crossings; and WHEREAS, the road configuration,an offset alignment at Weld County Road(WCR)54, at or near where it intersects the Railroad's tracks,has caused traffic accidents on Weld County Road 59,such that Weld County has sought Railroad cooperation in a reconfiguration of its crossing;and WHEREAS,the reconfiguration of WCR 54 to solve Weld County's traffic problem will result in a relocated and skewed crossing that is of no benefit to the Railroad;and WHEREAS, the Railroad has agreed to assist Weld County with its reconfiguration project at WCR 54 and the construction of the realigned at grade railroad crossing thereon,provided that • Weld County participates in two additional projects which have been identified as priorities for both of the parties to this MOU: 1. The installation of flashing lights,gates and a cabinet at the crossing on Weld County Road 80,(hereinafter"WCR 80"); 2. The closing of one crossing on the Greeley Subdivision as agreed upon by both parties; and WHEREAS,the parties recognize that the projects described in this MOU are extensive and require significant allocations of resources on the part of both parties;and WHEREAS,the decision to select these particular projects has been the result of negotiations in which the priorities of each party have been addressed,so that the selection of these projects by both parties is to be considered together and the projects are to be considered contingent upon one another. EXHIBIT B �o.0 • NOW,THEREFORE, in consideration of the mutual promises and covenants contained herein, Weld County and Railroad agree as follows: 1. New At-grade Crossing,on WCR 54 a. Railroad agrees to support Weld County's application to the Colorado Public Utilities Commission(hereinafter"CPUC") to reconfigure WCR 54 and create a new at-grade crossing by filing an Intervention by Right only, provided that: I) Weld County has taken measurable steps to pursue fleeting and CPUC approval under Section 2 of this MOU and 2)Weld County has granted closure approval of WCR 31 or an alternative crossing pursuant to Section 3. b. The newly realigned at-grade roadway crossing will consist of a new concrete crossing pad and cross bucks with yield signs. It is not anticipated that the CPUC will require this project to include flashing light signals with gates at this time. If Railroad reestablishes daily service on this line eighty percent (80%)of the time,or if the Parties agree that other unforeseen safety concerns have arisen at the crossing,Weld County will budget for the improvements within the following fiscal year,and will file an application with the CPUC to construct the above improvements within that period. As a part of the application process, Weld County will enter into a Construction and Maintenance Agreement with Railroad and will agree to pay all costs associated with the design and installation of flashing gates and lights(or whatever advance warning signals are recommended and approved by the CPUC). However, Weld County may apply for and utilize fiords for this project which may be made available to it through the federal government and/or the State of Colorado. Railroad agrees that it shall provide notice of the establishment of daily service on this line eighty percent(80%)of the time,within thirty(30)days of said action,so that Weld County may begin to budget for and/or apply for the funds necessary to construct the required • upgrades. c. Weld County must acquire right-of-way fronrvarious landowners, including the Railroad,in order to reconfigure WCR 54 and construct the newly aligned WCR 54 crossing. Railroad acknowledges that the process may take several months, or longer,and that Weld County may be unable to complete the process for a period of up to three years,or longer,depending upon the availability of funds. Weld County acknowledges that it is not the Railroad's responsibility to resolve such access and acquisition issues and that the Railroad's cooperation in this regard has significant value to Weld County who agrees to take due and diligent measurable steps toward resolving such issues,and will keep Railroad advised of its progress on the first day of each year,commencing January 31,2011. 2 d. Weld County agrees that it shall be solely responsible for the payment of all costs and expenses associated with the reconfiguration of WCR 54 and construction of the WCR 54 crossing realignment. Weld County shall pay all of Railroad's costs and expenses incurred in connection with this project. e. Railroad agrees to use commercially reasonable efforts w perform its engineering and construction responsibilities for the WCR 54 crossing in a timely manner and in conjunction with Weld County's construction efforts. Both parties acknowledge that neither shall bear liability for delays,which either may experience, that are caused by operational and/or weather-related emergencies,and each shall exert best efforts to resume construction as soon as it is safely possible under the circumstances. 2. Installation of New Flashing Lights,Gates,and Cabinet At WCR 80 Crossing. a. The parties have been informed that the CPUC currently has funds available from the"Highway-Rail Signalization Fund"for road improvements needed for safety purposes. Railroad agrees to cooperate with Weld County's • submission of an application to the CPUC for said funds. b. If the CPUC awards finds for the WCR 80 project,the Railroad agrees to pay twenty percent(20%)of the total cost of the signals at the crossing as required by C.R.S.40-4-106(2)(b). Weld County agrees that its application for this project shall make the CPUC aware of the consideration and contingencies related to this three-part agreement, and shall respectfully request that the CPUC allocate the statutory minimum cost to Railroad accordingly. The parties further agree that if the CPUC allocates more than twenty percent(20%)of the project costs to the Railroad, Weld County shall pay the additional amount resulting from the excess percentage allocated to the Railroad by the CPUC. Additionally, if the combined amounts of the CPUC award from the Highway-Rail Signalization Fund, the twenty percent (20%) required of Railroad,and the amount required of Weld County,are insufficient to pay all expenses associated with the WCR 80 upgrade,Weld County alone shall pay all additional expenses. c, The parties to this MOU understand and agree that the total cost of the project is expected to be approximately Four Hundred Twenty-Two Thousand One Hundred Seven mid no/100 Dollars($422,107),that the CPCU is expected to award approximately One Ilundred and Sixty-Five Thousand and no/100 Dollars,($165,000), that Weld County's contribution is expected to be approximately One Hundred Seventy-two Thousand Six Hundred Eighty-six and no/100 Dollars, ($172,686),and that Railroad's contribution is expected to be approximately Eighty-four Thousand Four Hundred Twenty-one and 40/100 Dollars($ 84,421.40), Pursuant to Colorado Revised Statutes § 40-4-106(b),the Railroad is required to contribute twenty percent(20%)of the total cost of signals at this crossing and,therefore, the 3 final dollar amounts to be contributed by the County and Railroad will be determined at the lime of actual construction. d. Weld County expects to submit its application for fording to the CPUC by November 30,2010,if Railroad submits the PE Agreement and its cost estimate to County in time for County to incorporate those items into an Application, if the Application is not submitted on or before November 30, 2010, because Weld County has not received these items from the Railroad in time, the Application will be submitted as soon thereafter as the County can assimilate them into the Application and file it with the CPUC. e. In the event that the CPUC fails to award any funds for the upgrade of the WCR 80 crossing, Weld County shall pay all of its own expenses and all expenses incurred by Railroad which are associated with said upgrade. Railroad further agrees that it and Weld County shall execute a Construction &Maintenance Agreement within twelve(12) months, following the County's receipt of the Signal Estimates for WCR 80 from UPRR. \Veld County shall be allowed up to three(3)years from the date of the Construction& Maintenance Agreement to provide a Notice to Proceed to the UPRR on the \VCR 80 Signalized Crossing Project. f. Upon receipt of Weld County's Notice to Proceed, Railroad agrees to perform its engineering and construction responsibilities for the WCR 80 crossing in a timely manner. 3. Closure of Weld County Road At-grade Crossing 31 on the Greeley Subdivision. a. Weld County is aware that Railroad requires closure of at least one Weld County crossing on the Greeley Subdivision as a condition of its support for the reconfiguration of the WCR 54 crossing and its twenty percent(20%) contribution to the WCR 80 project. Weld County agrees to act on the matter ol'the closure of the WCR 31 crossing on or before December 31,2010. Upon making a favorable determination that the a closing should be made, Weld County further agrees to promptly enter into a Public Crossing Closure Agreement with the Railroad and submit its Closure Application to the CPUC as soon as possible thereafter. b. Railroad agrees to support Weld County's Closure Application by entering into a Public Crossing Closure Agreement for WCR 3 t, if Weld County is able to approve said closure.If,however, Weld County is unable to approve closure of WCR 31, Weld County agrees to promptly apply for closure of one of the alternative crossings listed in order of priority,as set forth in Section 3(c) below,and Railroad agrees to support that application. Railroad will draft all Stipulated Closure Agreements for presentation to Weld County and 4 upon notice of its unconditional formal approval,shall provide a first droll the Closure Application for Weld County to submit to the CPUC. c. Railroad acknowledges that prior to formal approval of the closing of the WCR 31 crossing, Weld County may determine that said closure may not be in the best interests of the citizens of Weld County. In the event that Weld County makes the determination that the crossing at \'VCR 31 should not be closed, or if the CPUC determines that said crossing should not be closed, Weld County agrees to promptly pursue the closure of one of the following public at-grade crossings: WCR 29, WCR 38,or WCR 78,by the process set forth in Section 3(b). d. In all instances, Weld County agrees to perform its signage, engineering and construction responsibilities for the closing of any crossing finally approved - in a timely mamer, in conjunction with Railroad's construction efforts,all of which shall be in accordance with the MNTCD,and all related CPUC decisions 4. Termination of Participation in MOU. n. Either party may, for any reason,terminate its participation in this MOU upon providing sixty(60)days' written notice to the other party. b. If Weld County terminates any portion of this MOU, it shall pay Railroad for all Preliminary Engineering and other out-of-pocket costs and expenses incurred by Railroad in connection with any of the three(3) projects described above. c. If Weld County elects to terminate the project described in Section 3 herein, the provisions of Sections 1 and 2 shall automatically terminate for failure of a condition precedent. 5. Adoption of Future Agreements to Implement This MOU.The parties acknowledge and agree that prior to the commencement of each project contemplated by this MOU, both parties shall execute all necessary formal Agreements, which define each party's rights and responsibilities with regard to said project. 6. Modification. a. This MOU contains the entire MOU and understanding between the parties and supersedes any other MOUs concerning the subject matter of this MOU, whether written or oral. b. No modification, amendment, novation,renewal or other alteration of this MOU shall be deemed valid or of any force or effect whatsoever,unless 5 • mutually agreed upon in writing by all parties. However,the MOU may be modified to comply with any CPUC decision rendered relating to Sections I, • 2or3. 7. Assignment. This MOU shall not be assigned,enlarged, amended,extended, modified or altered by either of the parties hereto, except in writing,signed by both parties as an amendment hereto. 8. Force Nlafeuit. Notwithstanding anything contained herein to the contrary, it is agreed that in the event and to the extent that fire, flood,earthquake,natural catastrophe, explosion,accident, war, illegality,act of God,or any other cause beyond the control of either of the parties hereto,or strikes and labor troubles (whether or not within the power of the party affected to settle the same)prevents or delays performance by either party to this MOU,such party shall be relieved of the consequences thereof without liability,so long as and to the extent that performance is prevented by such cause;provided, however,that such party shall exercise due diligence in its efforts to resume performance within a reasonable period of lime. 9. Waiver. No waiver by either of the parties hereto of any of the terms and conditions of this MOU shall be deemed to be or be construed as a waiver of any other term or condition of this MOU,nor shall a waiver of any breach of this MOU be deemed to constitute a waiver of any subsequent breach of the same provision of this MOU. 10. Contingencies. a. Issues concerning fiords limitation. Weld County is a Colorado public entity and all financial obligations extending beyond the current fiscal year are subject to finds being budgeted and appropriated therefore. Furthermore, Colorado law forbids Weld County from entering into agreements which encumber govenunent funds beyond the current fiscal year.Therefore, in the event sufficient funds are not appropriated, budgeted or made available to \Veld County to meet its obligation under Sections I and 2 of this MOU, \Veld County must unilaterally terminate those two provisions by giving written notice to Railroad by last clay of the eleventh (I I th)month of the fiscal year. b. This MOU and the obligations of the parties are expressly contingent upon the ability of Weld County to budget and appropriate the funds needed to fulfill its obligations hereunder.The parties understand and agree that the nonavailability of government funds could cause the projects referenced in Sections 1 and 2 to be delayed; however,Weld County agrees to diligently work to complete the crossing closure according to the perimeters set forth in Section 3 and the remaining two projects inns timely a manner as is feasibly possible. 6 • Decision No. CI1-0477 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO DOCKET NO. I I A-225R IN THE MATTER or THE APPLICATION OF UNION PACIFIC RAILROAD COMPANY AND THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY FOR AUTHORITY TO CLOSE THE AT-GRADE CROSSING OF THE UNION PACIFIC RAILROAD COMPANY AT WCR 31,GILCREST,COLORADO(U.S. DOT#804-344L) MILE POST 40.6I ON THE GREELEY SUBDIVISION, IN THE CI'T'Y OF GILCREST, WELD COUNTY,COLORADO. COMMISSION ORDER DEEMING APPLICATION COMPLETE AND GRANTING APPLICATION a Mailed Date: May 6,2011 Cla r.1 Adopted Date: May 4,2011 t/a TABLE OF CONTENTS I. BY THE COMMISSION A. Statement aiM B. Findings of Fact 3 C. Discussion 6 C3 D. Conclusions 10 t� II. ORDER 10 O A. The Commission Onlcrs That: 10 CD 13. ADOPTED IN COMMISSIONERS' WEEKLY MEETING May 4,2011 12 I. BY TIIE COMMISSION A. Statement I. This matter conies before the Commission for consideration of an application (Application) filed jointly by the Union Pacific Railroad Company (UPRR) and the Hoard of 5 EXHIBIT Wort lht Pnldle 11111111es Commission of the Male of Colorado Decision No.CI 1.0177 DOCKET NO. I IA-2238 County Commissioners of Weld County (Weld County) (collectively, Joint Applicants) on March 14, 2011, requesting authority to abolish the existing at-grade highway-rail crossing of Weld County Road (Welt) 31 with Milepost 40.61 of the UPRR Greeley Subdivision, National Inventory No. 8043441., in the City of Gilcresl, Weld County, State of Colorado. 2. The Commission gave notice of this Application to all interested parties,including adjacent property owners in accordance with §40-6-108(2), C.R.S. The Notice was mailed March 29,2011. 3. On March 17, 2011, Stall'of the Commission propounded additional questions requesting clarification of information provided in the Application. 4. On March 18, 2011, Weld County provided information in response to the questions propounded by Staff of the Commission. Clr1 co 5. On April I, 2011, UNUt filed the Affidavit of David C. Peterson attesting that w notice of proposed closure of the crossing was posted at the crossings on March 29, 2011. r•:n Photos showing the posting of the closure notices were also provided. The posted notice 0 Q" complies with Commission Rule 4 Code of Colorado Regulations (CCR) 723-7-7208(c), rr;t 2 Rules Regulating Railroads, Rail Fixed Guideways,Transportation by Rail,and Rail Crossings. a 6. On April I, 2011, the Joint Applicants filed a Motion to Amend Application in Docket Number 11A-2251t (Motion to Amend). The Motion to Amend provided new Exhibits A-1 and A-2 to the Application. 7. On April 19, 2011, public comments were received from Ronnell Heitman and Ella Heitman.ran. Both commenters object and protest the closing of the WCR 31 crossing. However, neither commenter requests a hearing in this matter. No intervention was received opposing the Application. 2 Defers the Public Ullltlln Commission of the Male of Colorado Dec4loi No.CI I-0477 DOCKK'I'NO. I IA-1251t 8. The Joint Applicants omit profile drawings from the Application as no grade changes are proposed for the work necessary to abolish the crossing with the exception of the construction of the turnaround to the southeast of the \VCR 31 crossing as shown in Exhibit A-2 to the Application. Plan drawings are provided. Commission Rule 4 CCR 723-7-7204(c)allows an applicant to omit required information from the Application that is excessive compared to the scope of the proposed project. Given that no roadway or track profiles are proposed to change with this Application,omission of the profile information is appropriate. 9. The Commission has reviewed the record in this matter and deems that the Application is complete within the meaning of§40-6-109.5,C.R.S. ID. Now being fully advised in the matter,we grant the Application. CID U. Findings of Fact II. 'rho Commission gave notice to all interested parties, including the adjacent property owners. Two public comments objecting and protesting the closure of the WCR 31 Mot ski crossing were received by the Commission. No intervention was received opposing the 0.2 Application. f�q 12. The Joint Applicants propose to abolish the crossing of WCR 31 hi Gilcrest, a.. Colorado by removal of the roadway and crossing surfaces. C9 13. UPRR currently has two tracks through this crossing consisting of one mainline track and one yard track. UPRR currently runs 16 trains per day through the crossing at a maximum timetable speed of 60 miles per hour (MM-I) for freight trains and 70 MPH for passenger trains. There are currently no projections for future changes in traffic. There arc currently no scheduled passenger train movements through the subject crossing. There are currently crossbucks and separate stop signs posted at this crossing. 3 Wore the Po alit Ullllllee Commission of the Slnlr of Colorado Derision No.011.0477 DOCK F.T NO. I1A3t5R 14. There are currently 154 vehicles per day(VPD) using the WCR 31 crossing based on 2007 traffic counts. The Joint Applicants state that projected traffic counts for WCR 31 are not available, 15. The Joint Applicants provide information in the Application showing that three at-grade highway-rail crossings are available to drivers within Iwo miles of the WCR 31 crossing including WClt 29 and UPRR milepost 39.02, WCR 40 at UPRR milepost 39.7, and WCR 42 at tWRit milepost 41.03. The WCR 40 and WCR 42 crossings are the nearest crossings to the WCR 31 crossing. The Commission recently approved the installation of active warning equipment at the crossings of WCR 40 and WCR 42 in Docket No. I0A-257R. Based on a 2009 traffic count, there are 224 VPD using the WCR 40 crossing, and based on a 2010 traffic count, there are 376 VPD using the WCR 42 crossing. CO UR 16, Based on information provided by the Joint Applicants, two accidents have kt occurred at the UPRR crossing or WCR 31 since 1975, One accident resulted in a roadway Il�r driver fatality and railroad employee injury,and the other involved properly damage only. as 17. The Joint Applicants state that they arc seeking approval for the abolishment of C3 the WCR 31 crossing us this crossing is redundant. The Joint Applicants state that abolition of o this crossing will not significantly affect public access, emergency services, or traffic flow in ra Weld County. Additionally, the abolishment of the WCit 31 crossing would eliminate unfavorable crossing characteristics of this crossing, Including the limited storage distance of 105 feet between the WCR 31 crossing and U.S. Highway 85 to the west of the crossing and the skewed angle of the crossing which reduces sight distance for motorists. 18. Exhibit A-2 to the Application shows the work necessary to abolish the WCIt 31 crossing including installation of fill-width Type III Barricades on both sides of the 4 Before the Public lllllllles Cmnmboloo of the Slale of Colorado Decision No.CI1.0471 DOCKET NO. I IA-225R abolished crossing, vacation of the WCR 31 roadway cast and south of the crossing, installation of a half-width Type Ill Barricade further south and cast from the abolished crossing with a sign stating "Emergency Access Only", and construction of a turnaround area just east of the half-width Type III Barricade. The existing crossing surfaces and pavement between the Type III Barricades and crossing signage will be removed by UPRR. 19. Construction necessary to remove the WCIt 31 roadway and abolish the WCR 31 crossing is expected to begin immediately upon approval of the Commission and be complete within 90 days of the final Commission Order. 20. UPRR estimates the cost of closure of its crossing at $6,000 for the railroad 7 related work. The estimated cost of the roadway work for the closure is$25,000 and will be paid r—+ for by Weld County. CO 21. The Joint Applicants interviewed Mr. Rod Deroo, Operations Manager for the Weld County Paramedic Services, regarding emergency service access. Mr. Deroo stated it is vial Ca difficult to determine typical routes used in an emergency,but that key crossings used throughout a+ the county are WCR 54 and WCR 80. 0 1= 22. 'I\V° letters of opposition and protest were filed in this matter. Neither letter requested a hearing in this matter. 23. The letter from Ronell Heitman objects to the closure of the WCR 31 crossing for the following reasons; the crossing is I)accident free; 2) provides a direct and efficient route of access to many businesses and residences; 3) is utilized by emergency response and safety systems; 4)has a high level of visibility in both directions for oncoming trains; 5) is level which results in a less dangerous access; and 6)has a very good distance from the tracks and allows for 5 Before the Public D11111k,Comnilsdon of the Suit of Celorsdo Decision No.O11.0477 DOCKET NO. I IA•215R safe approach. Mr. I leitman questions why a crossing with so many positive aspects is proposed to be closed. 24. The letter from Ella Heitman protests the closure of the WCR 31 crossing for the following reasons: I) the road is used in the morning and evening by employees of several businesses; 2) to Ms. Heitman's knowledge, there has never been an accident at the crossing in the 30 plus years she has lived in the area; 3)there is a longer distance from U.S. Highway 85 to the railroad than at many of the crossings; and 4) it gives a shorter distance for emergency vehicles such as Sheriff or Fire Department. C. Discussion 25. Subsections 40.4-106(1),' 40-4-106(2)(a); and 40.4-106(3)(a)(1); C.R.S., both a:r provide the Jurisdictional basis for the Commission to net on applications to abolish railroad C/J crossings and establish the standard to be applied to such applications. Hassler and Bales company i! Public Utilities Commission, 168 Cob. 183, 451 P.2d 280 (1969) (interpreting „+e e.a s.+a predecessor statutes with substantially identical language to current statutes). Based on the C'J statutory language and the Colorado Supreme Court's interpretation,the standard to be applied in a Itt this case is: will abolishing(that is,closing)the WCR 31 crossing serve to prevent accidents and 10.4 13 Cel ' As pertinent hero, that subsection grants the Conadssion the"power... to make ,..special orders ...or otherwise to require each public utility to maintain and operate its ... tracks,and premises in such manner us to promote and[to] safeguard the health and safely of... the public and to require the performance of any other act which the health or safety of its employees...or the public may demand." 2 As pertinent here,(lint subsection grants the Commission the"power...to determine,Ito]order,and Itoj prescribe the terms and conditions of installation and operation,maintenance,mid protection of n0 such crossings which may be constructed including...the installation and regulation of...meats or instrumentalities as may to the commission appear reasonable mid necessary to the end,intent,and purpose that accidents may be prevented and the safety of the public promoted." ' As pertinent here,that subsection grants the Commission the"power...to order any crossing constructed nt grade ... to be ... abolished,according to plans and specifications to be approved and upon just and reasonable terms and conditions to be prescribed by the commission[.]" 6 Before the I'oblle Ulllllles Commission of the Stale of Colorado Decision No.011.0477 BOOM NO. I IA41Sli to promote public safety; and, if so,arc there just and reasonable conditions and terms which the Commission ought to attach to the closing? 26. Using the information provided by the Joint Applicants, the existing exposure factor at the crossing is 2,464(number of trains per day multiplied by the number of vehicles per day). Exposure factors for the WCR 40 and WCR 42 crossings are 3,584 and 6,016 respectively. 27. The cumulative exposure factor for the three crossings is 12,064. With the WCR 31 crossing removed and assuming that all of the WCR 31 traffic uses some combination of the WCR 40 crossing and WCR 42 crossing, the cumulative exposure factor remains the same; however,the overall risk decreases since the exposure occurs now at only two crossings as opposed to three crossings. GD 28. Using the information provided by the Joint Applicants, the hazard index, as the CID calculation is outlined in the 1974 Colorado Slade Highway Railroad Grade Crossing Data book, for the WCR 31 crossing is currently 1.13. The hazard index is the probable number of accidents expected to occur in a five-year time period. The existing hazard indices for WCR 40 and r.� WCR 42 arc 1.24 and 1.51 respectively prior to the installation of the active warning equipment V and 0.63 and 0.72 respectively once the active warning devices are installed. The cumulative q hazard index for the three crossings is 3.88 prior to the installation of the active warning equipment and 2.48 after installation of the active warning equipment at WCR 40 and WCR 42. 29. Looking at a worst case scenario, if all of the WCR 31 traffic started using the WCR 40 crossing, the new WCR 40 crossing hazard index would be 1.51 before the installation of the active warning equipment and 0.72 alter the installation of the active warning equipment. In this scenario, the cumulative hazard index would be 3.02 before the installation of the active warning equipment and 1.44 alter the installation of the active warning equipment. 7 • Before the Public Ulllllles Commission of the Malt of Colorado Decision No.CI 1.0477 BOCKKT NO. I IA-225R If all of the WCR 31 traffic started using the\VCR 42 crossing,the now WCR 42 crossing hazard index would be 1.70 before the installation of the active warning equipment and 0.78 after the installation of the active warning equipment. In this scenario, the cumulative hazard index would be 2.94 before the installation of the active warning equipment and 1.41 after the installation of the active warning equipment. 30. For both worst case scenario calculations looking at the cumulative hazard indices both prior to and after installation of active warning equipment, the total number of accidents expected to occur in a five-year time period is reduced with the closure of the WCR 31 crossing. 31. It is our principle function in this proceeding to determine whether the WCit 31 aid crossing should be abolished in order to prevent accidents and to promote public safety. Our decision is predictive out of necessity because we aredealing with the prevention of C�J r/I accidents and promotion of public safety when the crossing is abolished in the future. While we cannot predict with absolute certainty and accuracy what may happen in the future,we have to make the best judgment possible based on the data available. 32. Based on our analysis, with the reduction in the number of crossings to which C,t vehicles arc exposed to potential train collisions and a reduction in the cumulative hazard index es. C'1 with the closure of the WCR 31 crossing, we find that closure of the WCR 31 crossing will serve O.1 to prevent accidents and promote public safety and find that the WCR 31 crossing should be abolished. Both the road authority and the railroad in this matter agree that this crossing should be abolished,and the evidence and analysis show that closing the WCR 31 crossing will prevent accidents and directing the vehicles to the other nearby crossings of WCR 40 and WCR 42, which are being equipped with active warning devices including flashing lights and gates, will promote public safety. 8 litter.ibt Public lilillllts Commission of Mt Slate of Colorado Decision No,CI I•0477 DOCKET NO. IIA•23S1t 33. In reaching our decision, we arc mindful of, and take fully into consideration, the comments provided by the Heitmans. We are aware that some drivers that currently use the WCR 31 crossing may experience some out of direction travel. However,these drivers will now be using the adjacent crossings that will have equipment in place to more actively warn drivers that a train is approaching the crossing, thereby promoting the safety of the traveling public in this area. The record does not indicate that closure of the WCR 31 crossing will inhibit emergency response to this area. With a two-track crossing, it is always possible that sight distance for drivers can be limited or inhibited by any trains or railroad cars parked on the second track. While generally at crossings where the more the roadway and the tracks are skewed from a 90 degree angle, the more limiting the sight distance can be for drivers, based on the exhibits Cf3 provided by the Joint Applicants, the skew at the WCR 31 crossing is very small and likely does not contribute significantly to sight distance issues. Finally, public convenience and public f~2) necessity are not factors enunciated in the statute for our consideration when determining l,v whether to abolish a railroad crossing. On balance,while the points raised by the l-leinneus are t.10 significant and not to be dismissed lightly, they are insufficient to overcome the evidence of C.1 increased public safety and of prevention of accidents which support the Application. 34. The Commission's second function in this matter is to determine whether there CJ C7 are just and reasonable terms which should be imposed. In this matter, we will require specific filings to be made that are necessary to complete the record in this case. 35. The Joint Applicants will be required to inform the Commission in writing that all work necessary to abolish the crossing is complete within ten days of completion. The Commission will expect this letter by August 5, 2011. However, the Commission does 9 Before the Publle Utilities Commission of the Stale of Colorado Deelslon No,Cl1.0477 DOCKET NO, I IA-St5il understand this letter may be provided earlier or later than this date depending on changes or delays to the construction schedule. 36. The Joint Applicants will also be required to file copies of the updated U.S. Department of Transportation National Inventory forms showing this crossing as closed. These updated inventory forms are to be filed with the completion letter by August 5,2011. 37. UPRR will be required to remove the existing passive warning signs and remove the crossing surfaces and roadway materials between the barricades. Weld County will be required to place permanent barricades on both sides of the abolished crossing so that drivers arc no longer able to access the tracks. I). Conclusions 38. The Commission has jurisdiction in this natter under §§40.4-106(2)(a) and tA� (3)(n), C.R.S. Mal 39. No intervenor that tiled a petition to intervene or other pleading contests or CD CDopposes the Application. 40. Because the Application is unopposed,the Commission will determine this matter upon the record, without a formal hearing under §40-6-109(5), C.R.S„ and Rule 1403, C Commission Rules of Practice and Procedure,4 CCR 723-1. 41. We will grant the Application consistent with the above discussion in paragraphs I I through 36. II. ORDER A. The Commission Orders That: This application (Application) filed jointly by the Union Pacific Railroad Company (UPRR) and the Board of County Commissioners of Weld County (Weld County) 10 Before the Public 11111111es ConuuIsslon of the Stole of Colorado Decision No.Cl 1-0 77 DOCKET NO. 11A-22511 (collectively, Joint Applicants) on March 14, 2011 as amended on April I, 2011, requesting authority to abolish the existing at-grade highway-rail crossing of Weld County Road (Welt)31 with Milepost 40.61 of the UPRR Greeley Subdivision, National Inventory No. 804344L, in the City of Merest, Weld County, State of Colorado is deemed complete within the meaning of §40-6-109.5,C.R.S. 2. The Motion to Amend Application in Docket Number I IA-225R is granted. 3. The Application,as amended,is granted. 4. UPRR and Weld County arc authorized and ordered to proceed with the abolishment of the WCR 31 crossing in(Merest, Colorado as shown in the plans included in the Application. CO r-+ 5. UPRR will be required to remove the existing crossing surfaces and roadway CO between the permmnent'lype III Barricades at the WCR 31 crossing. Iron —I totm 6. UPRR and Weld County are required to inform the Commission in writing that s C1.1 the crossing abolishment is complete within ten days alter completion. We shall expect this :a letter by August 5, 2011. However, we understand this letter may be provided earlier or later than this!late depending on changes or delays to the construction schedule. to t 7. UPRR and Weld County are required to File copies of the updated U.S. Department of Transportation National Inventory forms showing this crossing as closed by August 5,2011. 8. The 20-day period provided for in §40.6.114, C.R.S., within which to file applications for rehearing, reargument, or reconsideration, begins on the first day following the effective date of this Order. 11 • Before At Public Ulllllln Commission of the Male of Colorado Derision No.CI1.0477 DOCKET NO. I IA•22511 9. The Commission retains jurisdiction to enter further required orders. 10. This Order is effective on its Mailed Date. B. ADOPTED IN COMMISSIONERS'WEEKLY MEETING May 4,2011. (SEAL) THE PUBLIC UTILITIES COMMISSION op C� e,\ OF TI IE STATE OF COLORADO cl •7t * JAMES K.TARPEY 14, ni kip, dr MATT BAKER ,7? ATTEST: A TRUE COPY Commissioners CO a /) CHAIRMAN RONALD J. BINZ etS- ,_ RESIGNED EFFECTIVE APRIL B,201 I. iT Doug Dean, Director CD 21, 13 Cu 0 12 Public Utilities Commission Page 1 of I Colorado The Official Slate Web Portal Dora Public Utilities commission s 'alb•' Iklutlro'ol or Rtophboy AyaHlcl � E-Filings Details of Electronic Filing 11A-226R UPRR/Weld County-WCR 31 -Close X-ing This page contains the details of a filing.if you have questions about this fling,be sure to reference the filing number in all correspondence, Filing Information Filing Number: Q05454 Industry: Railroad Date of Filing: Fri 05/06/2011 09:29 am Filing Party: Colorado Public Utilities Commission Proceeding Number: 11A-225R Proceeding Caption: UPRRA/Veld County-WCR 31 -Close X-ing Comments: (nonol Document Information Title Type Original Name Confdentiali C11-0477 Ordor Dooming Application Comploto&Granting Application Decision C11•g477_11A225Bdoq Non•confldentia important:The Colorado Public Unities Commission does not serve process.Asa convenience to our users,you may use the E•Fiifngs tryst automatically serve process on previously registered users.For all other recipients,you must provide service of process. Indicates primary document In filing. Irlllw•//wnann.inra Onto on nchdc/nfi/P17l Mark gloms Rilinn9n teen=A I Acrid An fit=rl FG G//.Moll WELD COUNTY PUBLIC WORKS DEPARTMENT BUDGETARY COST ESTIMATE Project Name WCR 31 CLOSURE tiliti Project Limits UPRR CROSSING ADATE 1-Jun-11 TOTAL ESTIMATED COST $25,000 wilpe. CONSTRUCTION SUBTOTAL $20,833 R.O.W. AND UTILITIES SUBTOTAL $0 COLORADO ENGINEERING SUBTOTAL $4,167 DESIGN 2011 R.O.W. N/A CONST. 2011 CONSTRUCTION COSTS UNIT UNIT COST QUANTITY TOTAL CLEARING, GRUBBING,& REMOVALS LS $1,000 1 $1,000 EMBANKMENT CY $10 200 $2,000 AGGREGATE BASE COURSE TON $15 200 $3,000 24"CMP CULVERT LF $60 40 $2,400 TYPE III FIXED BARRICADES EA $2,000 5 $10,000 MOBILIZATION LS $1,433 1 $1,433 METAL GATE EA $1,000 1 $1,000 • Subtotal $20,833 R.O.W. AND UTILITY COSTS UNIT UNIT COST QUANTITY TOTAL R.O.W. ACQUISITION AC $0 0.0 $0 UTILITY RELOCATIONS LS $0 0 $0 Subtotal $0 ENGINEERING COSTS UNIT UNIT COST QUANTITY TOTAL DESIGN (15%) LS $3,125 1 $3,125 PROJECT ADMINISTRATION (5%) LS $1,042 1 $1,042 Subtotal $4,167 TOTAL $25,000 .l EXHIBIT v I Contractor's Right of Entry—11/01/05 Folder No. Form Approved-AVP Law Exhibit E CONTRACTOR'S RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made and entered into'as of the day of , 20 by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation("Railroad"); and , a corporation ("Contractor"). RECITALS: Contractor has been hired by Weld County Colorado to perform work relating to the permanent removal of the crossing approaches and installation of temporary/permanent barricades (the"work"), with all or a.portion of such work to be performed on property of Railroad in the vicinity of Railroad's Milepost 40.61 on Railroad's Greely Subdivision located at or near Gilcrest, in Weld County, State of Colorado which work is the subject of an agreement dated between Railroad and Weld County as such location is also shown on the print dated October 31, 2005,marked Exhibit D, attached hereto and hereby made a part hereof.] Railroad is willing to permit Contractor to perform the work described above at the location described above subject to the terms and conditions contained in this Agreement AGREEMENT: NOW,THEREFORE, it is mutually agreed by and between Railroad and Contractor, as follows: ARTICLE 1 - DEFINITION OF CONTRACTOR. For purposes of this Agreement, all references in this agreement to Contractor shall include Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. ARTICLE 2 - RIGHT GRANTED: PURPOSE. Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Recitals for the purpose of performing any work described in the Recitals above. The right herein granted to Contractor Is limited to those portions of Railroad's property specifically described herein, or as designated by the Railroad Representative named in Article 4. ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS A,B AND C. The terms and conditions contained in Exhibit A, Exhibit B and Exhibit C, attached hereto, are hereby made a part of this Agreement. EXHIBIT Contractor's Right of Entry—11/01/05 Folder No. Form Approved-AVP Law ARTICLE 4- ALL EXPENSES TO BE BORNE BY CONTRACTOR: RAILROAD REPRESENTATIVE. A. Contractor shall bear any and all costs and expenses associated with any work performed by Contractor, or any costs or expenses incurred by Railroad relating to this Agreement. B. Contractor shall coordinate all of its work with the following Railroad representative or his or her duly authorized representative(the"Railroad Representative"): Karl D. Shoemaker Manager of Track Maintenance Union Pacific Railroad Company 201 W. Union Avenue La Salle, CO 80645 (303)845-0083 C. Contractor, at its own expense, shall adequately police and supervise all work to be performed by Contractor and shall ensure that such work is performed in a safe manner as set forth in Section 7 of Exhibit A attached hereto. The responsibility of Contractor for safe conduct and adequate policing and supervision of Contractor's work shall not be lessened or otherwise affected by Railroad's approval of plans and specifications involving the work, or by Railroad's collaboration in performance of any work, or by the presence at the work site of a Railroad Representative, or by compliance by Contractor with any requests or recommendations made by Railroad Representative. ARTICLE 5- TERM;TERMINATION. A. The grant of right herein made to Contractor shall commence on the date of this Agreement, and continue until December 1, 2006, unless sooner terminated as herein provided, or at such time as Contractor has completed its work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its work on Railroad's property. B. This Agreement may be terminated by either party on ten (10)days written notice to the other party. ARTICLE 6- CERTIFICATE OF INSURANCE. A. Before commencing any work, Contractor will provide Railroad with the insurance binders, policies, certificates and/or endorsements set forth in Exhibit B of this Agreement. B. All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to: Union Pacific Railroad Company 1400 Douglas Street-Stop 0910 Omaha, NE 68179 - 0910 Attn: Patrick Halsted ARTICLE 7- DISMISSAL OF CONTRACTOR'S EMPLOYEE. At the request of Railroad, Contractor shall remove from Railroad's property any employee of Contractor who fails to conform to the instructions of the Railroad Representative in connection with the work on Railroad's property, and any right of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any claims arising frbm the removal of any such employee from Railroad's property. 2 Contractor's Right of Entry—11/01/05 Folder No. Form Approved-AVP Law ARTICLE 8 - ADMINISTRATIVE FEE. Upon the execution and delivery of this Agreement, Contractor shall pay to Railroad Five Hundred Dollars ($500.00).as reimbursement for clerical, administrative and handling expenses in connection with the processing of this Agreement. ARTICLE 9- CROSSINGS. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad. ARTICLE 10.- EXPLOSIVES. Explosives or other highly flammable substances shall not be stored on Railroad's property without the prior written approval of Railroad. IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in duplicate as of the date first herein written. UNION PACIFIC RAILROAD COMPANY By: Title (Name of Contractor) By: Title: 3 Contractor's Right of Entry—11/01/05 Folder No. Form Approved-AVP Law EXHIBIT A TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Section 1. NOTICE OF COMMENCEMENT OF WORK-FLAGGING. A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor commencing its work and at least ten (10) working days in advance of proposed performance of any work by Contractor in which any person or equipment will be within twenty-five (25)feet of any track,or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom)will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s),vehicle(s), or thing(s)shall be located, operated, placed, or stored within twenty-five(25)feet of any of Railroad's track(s)at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such ten (10)-day notice, the Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty (30) days of Contractor's receipt of billing. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad, Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this Agreement. B. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Contractor(or the governmental entity, as applicable)shall pay on the basis of the new rates and charges. C. Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work , even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five(5)days notice of cessation is not given, Contractor will still be required to pay flagging charges for the five(5)day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional ten (10) days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad. Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED A. The foregoing grant of right is subject and "subordinate to the prior and continuing right and obligation of the Railroad to use and maintain Its entire property Including the right and power of Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be Exhibit A Page t of 4 Contractor's Right of Entry— 11/01/05 Folder No. Form Approved-AVP Law freely done at any time or times by Railroad without liability to Contractor or to any other party for compensation or damages. B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of Railroad's property, and others) and the right of Railroad to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS. A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative. Nothing shall be done or permitted to be done by Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's machinery and materials shall be kept at least fifty(50)feet from the centerline of Railroad's nearest track,and there shall be no vehicular crossings of Railroads tracks except at existing open public crossings. B. Operations of Railroad and work performed by Railroad personnel and delays in the work to be performed by Contractor caused by such railroad operations and work are expected by Contractor, and Contractor agrees that Railroad shall have no liability to Contractor, or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train movements and other activities by Railroad takes precedence over any work to be performed by Contractor. Section 4. LIENS. Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any property of Railroad for any such work performed. Contractor shall Indemnify and hold harmless Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of record, Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense. Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall telephone Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is buried anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic cable. Contractor shall not commence any work until all such protection or relocation(if applicable) has been accomplished. B. In addition to other indemnity provisions in this Agreement, Contractor shall indemnify, defend and hold Railroad harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of any act or omission of Contractor, its agents and/or employees,that causes or contributes to (1) any damage to or destruction of any telecommunications system on Railroad's property, and/or (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Railroad's property. Contractor shall not have or seek recourse against Railroad for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Railroad's property or a customer or user of services of the fiber optic cable on Railroad's property. Exhibit A Page 2 of 4 Contractor's Right of Entry— 11/01/05 Folder No. Form Approved -AVP Law Section 6. PERMITS-COMPLIANCE WITH LAWS. In the prosecution of the work covered by this Agreement, Contractor shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work including, without limitation, all applicable Federal Railroad Administration regulations. Section 7. SAFETY. A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work performed by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the work. Contractor shall at a minimum comply with Railroad's safety standards listed in Exhibit C, hereto attached, to ensure uniformity with the safety standards followed by Railroad's own forces. As a part of Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor determines that any of Railroad's safety standards are contrary to good safety practices. Contractor shall furnish copies of Exhibit C to each of its employees before they enter the job site. B. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job. C. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational Safety and Health Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees while they are on the job site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work. D. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to require Contractor to correct any deficiencies in the Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety Plan. Section 8. INDEMNITY. A. To the extent not prohibited by applicable statute, Contractor shall indemnify, defend and hold harmless Railroad, its affiliates, and its and their officers, agents and employees ("Indemnified Parties") from and against any and all loss, damage, injury, liability, claim, demand, cost or expense (Including, without limitation, attorney's, consultant's and expert's fees, and court costs), fine or penalty (collectively, "Loss") incurred by any person (including, without limitation, any Indemnified Party, Contractor, or any employee of Contractor or of any Indemnified Party) arising out of or in any manner connected with (i) any work performed by Contractor, or(ii) any act or omission of Contractor, Its officers, agents or employees,or(iii)any breach of this agreement by Contractor. B. The right to Indemnity under this Section 8 shall accrue upon occurrence of the event giving rise to the Loss, and shall apply regardless of any negligence or strict liability of any Indemnified Party, except where the Loss is caused by the sole active negligence of an Indemnified Party as established by the final judgment of a court of competent jurisdiction. The sole active negligence of any Indemnified Party shall not bar the recovery of any other Indemnified Party. C. Contractor expressly and specifically assumes potential liability under this Section 8 for claims or actions brought by Contractor's own employees. Contractor waives any immunity it may have under worker's compensation or industrial Insurance acts to indemnify Railroad under this Section 8. Contractor acknowledges that this waiver was mutually negotiated by the parties hereto. • D. No court or jury findings in any e'mployee's suit pursuant to any worker's compensation act or the Federal Employers' Liability Act against a party to this Agreement'may be relied upon or used by Contractor in any attempt to assert liability against Railroad. Exhibit A Page 3 of 4 Contractor's Right of Entry—11/01/05 Folder No. Form Approved-AVP Law E. The provisions of this Section 8 shall survive the completion of any work performed by Contractor or the termination or expiration of this Agreement. In no event shall this Section 8 or any other provision of this Agreement be deemed to limit any liability Contractor may have to any Indemnified Party by statute or under common law. Section 9. RESTORATION OF PROPERTY. In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of the other property of Railroad in connection with the work to be performed by Contractor, then in that event Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed. Contractor shall remove all of Contractor's tools, equipment, rubbish and other materials from Railroad's property promptly upon completion of the work, restoring Railroad's property to the same state and condition as when Contractor entered thereon. Section 10. WAIVER OF DEFAULT. Waiver by Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept, observed and performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any subsequent breach or default. Section 11. MODIFICATION -ENTIRE AGREEMENT. No modification of this Agreement shall be effective unless made in writing and signed by Contractor and Railroad. This Agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor and Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral,with respect to the work to be performed by Contractor. Section 12. ASSIGNMENT-SUBCONTRACTING. Contractor shall not assign or subcontract this Agreement, or any interest therein, without the written consent of the Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors, and shall require all subcontractors to maintain the insurance coverage required to be maintained by Contractor as provided In this Agreement, and to indemnify Contractor and Railroad to the same extent as Railroad is indemnified by Contractor under this Agreement. Exhibit A Page 4 of 4 Contractors Right of Entry—11/01/05 Folder No. Form Approved-AVP Law EXHIBIT B TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Union Pacific Railroad Company Insurance Provisions For Contractor's Right of Entry Agreement Contractor shall, at its sole cost and expense, procure and maintain during the course of the Project and until all Project work on Railroad's property has been completed and the Contractor has removed all equipment and materials from the Railroad's property and has cleaned and restored Railroad's property to Railroad's satisfaction, the following insurance coverage: A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, which must be stated on the certificate of insurance: • Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site. B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $5,000,00 for each accident. The policy must contain the following endorsements, which must be stated on the certificate of insurance: • Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or substitute form providing equivalent coverage) showing "Union Pacific Property" as the Designated Job Site. • Motor Carrier Act Endorsement — Hazardous materials clean up (MCS-90) if required by law. I Exhibit B Contractor's Right of Entry-11/01/05 Folder No. Form Approved -AVP Law C. Workers Compensation and Employers Liability insurance. Coverage must include but not be limited to: • Contractor's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement. • Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee. If Contractor is self-insured, evidence of state approval and excel workers compensation coverage must be provided. Coverage must include liability arising out of the U.S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. The policy must contain the following endorsement, which must be stated on the certificate of insurance: • 'Alternate Employer endorsement ISO form WC 00 03 01 A (or a substitute form providing equivalent coverage) showing Railroad in the schedule as the alternate employer (or a substitute form providing equivalent coverage). D. Railroad Protective Liability insurance. Contractor must maintain Railroad Protective Liability insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. A binder stating the policy is in place must be submitted to Railroad before the work may be commenced and until the original policy is forwarded to Railroad. E. Umbrella or Excess insurance. If Contractor utilizes umbrella or excess policies, these policies must "follow form" and afford no less coverage than the primary policy. F. Pollution Liability insurance. Pollution liability coverage must be written on ISO form Pollution Liability Coverage Form Designated Sites CG 00 39 12 04 (or a substitute form providing equivalent liability coverage), with limits of at least $5,000,000 per occurrence and an aggregate limit of $10,000,000. If the scope of work as defined in this Agreement includes the disposal of any hazardous or non-hazardous materials from the job site, Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising form the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of$2,000,000. 2 Exhibit B Contractor's Right of Entry— 11/01/05 Folder No. Form Approved -AVP Law Other Requirements G. All policy(ies) required above (except worker's compensation and employers liability) must include Railroad as "Additional Insured" using ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 26, and CA 20 48 provide coverage for Railroad's negligence whether sole or partial, active or passive, and shall not be limited by Contractor's 'liability under the indemnity provisions of this Agreement. H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless the law governing this Agreement prohibits all punitive damages that might arise under this Agreement. I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees. This waiver must be stated on the certificate of insurance. J. Prior to commencing the work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this Agreement. K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the work is to be performed. L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage. ' 3 Exhibit B Contractor's Right of Entry—11/01/05 Folder No. Form Approved-AVP Law EXHIBIT C TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT MINIMUM SAFETY REQUIREMENTS The term "employees" as used herein refer to all employees of Contractor as well as all employees of any subcontractor or agent of Contractor. I. Clothing A. All employees of Contractor will be suitably dressed to perform their duties safely and in a manner that will not interfere with their vision, hearing,or free use of their hands or feet. Specifically, Contractor's employees must wear: (i) Waist-length shirts with sleeves. (V) Trousers that cover the entire leg. If flare-legged trousers are worn, the trouser bottoms must be tied to prevent catching. (iii) Footwear that covers their ankles and has a defined heel. Employees working on bridges are required to wear safety-toed footwear that conforms to the American National Standards Institute (ANSI)and FRA footwear requirements. B. Employees shall not wear boots (other than work boots), sandals, canvas-type shoes, or other shoes that have thin soles or heels that are higher than normal. C. Employees must not wear loose or ragged clothing, neckties, finger rings, or other loose jewelry while operating or working on machinery. II. Personal Protective Equipment Contractor shall require its employees to wear personal protective equipment as specified by Railroad rules, regulations,or recommended or requested by the Railroad Representative. 0) Hard hat that meets the American National Standard (ANSI)Z89.1 —latest revision. Hard hats should be affixed with Contractor's company logo or name. (ii) Eye protection that meets American National Standard (ANSI) for occupational and educational eye and face protection, Z87.1 — latest revision. Additional eye protection must be provided to meet specific job • situations such as welding, grinding, etc. (Hi) Hearing protection, which affords enough attenuation to give protection from noise levels that will be occurring on the job site. Hearing protection, in the form of plugs or muffs, must be worn when employees are within: • • 100 feet of a locomotive or roadway/work equipment • 15 feet of power operated tools • 150 feet of jet blowers or pile drivers • 150 feet of retarders In use (when within 10 feet, employees must wear dual ear protection• — plugs and muffs) (iv) Other types of personal protective equipment, such as respirators, fall protection equipment, and face shields, must be worn as recommended or requested by the Railroad Representative. 1 Exhibit B 1 Contractor's Right of Entry—11/01/05 Folder No. Form Approved-AVP Law Ill. On Track Safety Contractor is responsible for compliance with the Federal Railroad Administration's Roadway Worker Protection regulations—49CFR214, Subpart C and Railroad's On-Track Safety rules. Under 49CFR214, Subpart C, railroad contractors are responsible for the training of their employees on such regulations. In addition to the instructions contained in Roadway Worker Protection regulations, all employees must: (i) Maintain a distance of twenty-five (25) feet to any track unless the Railroad Representative is present to authorize movements. (ii) Wear an orange, reflectorized workwear approved by the Railroad Representative. (iii) Participate in a job briefing that will specify the type of On-Track Safety for the type of work being performed. Contractor must take special note of limits of track authority, which tracks may or may not be fouled, and clearing the track. Contractor will also receive special Instructions relating to the work zone around machines and minimum distances between machines while working or traveling. IV. Equipment A. It is the responsibility of Contractor to ensure that all equipment is in a safe condition to operate. If, in the opinion of the Railroad Representative, any of Contractor's equipment is unsafe for use, Contractor shall remove such equipment from Railroad's property. In addition, Contractor must ensure that the operators of all equipment are properly trained and competent in the safe operation of the equipment. In addition, operators must be: • Familiar and comply with Railroad's rules on lockout/tagout of equipment. • Trained in and comply with the applicable operating rules if operating any by-rail equipment on- track. • Trained in and comply with the applicable air brake rules if operating any equipment that moves rail cars or any other railbound equipment. B. All self-propelled equipment must be equipped with a first-aid kit, fire extinguisher, and audible back-up warning device. C. Unless otherwise authorized by the Railroad Representative, all equipment must be parked a minimum of twenty-five (25) feet from any track. Before leaving any equipment unattended, the operator must stop the engine and properly secure the equipment against movement. D. Cranes must be equipped with three orange cones that will be used to mark the working area of the crane and the minimum clearances to overhead powerlines. V. General Safety Requirements A. Contractor shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations. B. Contractor shall ensure that all employees participate in and comply with a job briefing conducted by the Railroad Representative, if applicable. 'During this briefing, the Railroad Representative will specify safe work procedures, (including On-Track Safety) and the potential hazards of the job. If any employee has any questions or concerns about the work, the employee must voice them during the job briefing. Additional job briefings will be conducted during the work as conditions, work procedures, or personnel change. C. All track work performed by Contractor meets the minimum safety requirements established by the Federal Railroad Administration's Track Safety Standards 49CFR213. 2 Exhibit C • Contractor's Right of Entry— 11/01/05 Folder No. Form Approved-AVP Law D. All employees comply with the following safety procedures when working around any railroad track: (i) Always be on the alert for moving equipment. Employees must always expect movement on any track, at any time, in either direction. Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components. (Hi) In passing around the ends of standing cars, engines, roadway machines or work equipment, leave at least 20 feet between yourself and the end of the equipment. Do not go between pieces of equipment of the opening is less than one car length(50 feet). (iv) Avoid walking or standing on a track unless so authorized by the employee in charge. (v) Before stepping over or crossing tracks, look in both directions first. (vi) Do not sit on, lie under, or cross between cars except as required in the performance of your duties and only when track and equipment have been protected against movement. E. All employees must comply with all federal and state regulations concerning workplace safety. • 3 Exhibit C Contractor's Right of Entry—11/01/05 Folder No. Form Approved-AVP Law EXHIBIT D TO CONTRACTORS RIGHT OF ENTRY AGREEMENT If a print of the right of entry area to be used by Contractor is available, it should be marked Exhibit D and attached here as part of the Agreement. SUMMARY ESTIMATE UNION PACIFIC RAILROAD COMPANY FOR WELD COUNTY DESCRIPTION OF WORK: Crossing Surface removal, crossing warning device removal and associated grading on UPRR right of way. LOCATION: Gilcrest SERVICE UNIT: 14 STATE: Colorado DATE: May 11,2011 DESCRIPTION RAILROAD TOTAL COUNTY TOTAL RAILROAD Maintenance of Way ENGINEERING $6,000 $0 TOTAL PROJECT EXPENSE $6,000 $0 EXISTING REUSABLE MATERIAL - NONE SALVAGE NONUSABLE MATERIAL - NONE TOTAL ESTIMATED COST OF PROJECT LESS CREDITS $6,000 THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. SHEET 1 of 1 ES E%HIBtW i F Hello