HomeMy WebLinkAbout370002.tiff DUPLICATE ORIGINAL
Licensee Copy
Water Pipe Line on Right of Way Cont .Dept .No . 227O5
Dacono, Colorado.
THIS AGREEMENT, made and entered into this
/7 - day of 1937,
by and between UNION PACIFIC LROAD COMPANY, a corporation
Hof the State of Utah (hereinafter called " ailrosd Company" )
and COUNTY OF WELD, STATE 0:F COLORADO, (hereinafter called
"Licensee" ) , j`aTN'. SETH:
RECITALS:
The Licensee desires to construot , maintain
and operate a 1-inch water pipe line and hydrant
(hereinafter referred to collectively as "Pipe
Line" ) on the right of way and under the tracks
of the Railroad Company at Dacona , Weld County ,
Colorado , in the location shown by yellow lines
on the print hereto attached dated August 27, 1937 ,
marked "Exhibit A" and hereby made a part hereof.
AGREEMENT:
NUV THEREFORE, it is mutually agreed by and between
. the parties hereto as follows :
Section 1. AILS: C.D Cuz'ANY GRANTS RIGHT.
In oonsideration of the covenants and agreements
herein contained to be by the Licensee kept , observed and
performed , the Railroad Company hereby grants to the Licensee ,
subject to the terms and conditions herein stated, the right
to construct and thereafter , during the term hereof, to main-
tain and operate the Pipe Line on said right of way and under
said tracks in the location shown by yellow lines on Exhibit
A.
1
370002
PL.X
.JGV!
The foregoing grant is subject and subordinate to
the prior and continuing right and obligation of the Rail-
road Company to use and maintain its entire railroad right
of way in the performance of its public duty as a common
carrier, and is also subject to the right and power of the
Railroad Company to construct, maintain, repair, renew, use,
operate, change, modify or relocate railroad tracks, tele-
g'^r :h, telephone, signal or other pole and wire lines, pipe
lutes and other facilities upon, along or aoross any or all
parts of said right of way, all or any of which may be freely :
done at any time or times by the Railroad Company without
liability to the Licensee or to any other party for compen-
sation or damages.
The foregoing grant is also subject to all out-
standing superior rights ( including those in favor of tele-
(graph and telephone companies, lessees of said right of way,
and others ) and the right of the Railroad Company to renew
and extend the same.
• Section 2. COrSTRUCTION AND L INTENANCE.
The Pipe Line shall be constructed, maintained,
repaired, renewed , modified and/or reconstructed by and at
the expense of the Licensee and all work on said right of way
in connection therewith shall be done under the supervision
and to the satisfaction of the Railroad Company. All ex-
: penses incurred by the Railroad Company in connection with
said work for supervision or inspectiof, or otherwise shall
be borne by the Licensee.
The portion or portions of the Pipe Line located,
or to be located, underneath said track or tracks shall con •
-
sist of iron or steel Pipe,
placed at a depth of not less than three (3) feet below the
base of the rails of said track or tracks, and prior to the
commencement of any work in connection with such portion or
portions of the Pipe Line (whether of construction, mainte- I
nance , repair, renewal, modification, relocation, recon-
struction or removal ) , the Licensee shall submit to the Rail-'
road Company plans setting out the method and manner of
handling the work and shall not proceed with the work until
such plans shall have been approved by the Chief Engineer of
the Railroad Company and then only under the supervision of
said Chief Engineer or his representative. The Railroad
Company shall have the right, if it so elects, to provide
such support as it may deem necessary for the safety of its
track or tracks during the time such work is being done,
and , in the event the Railroad Company provides such support ,
the Licensee shall pay to the Railroad Company, within
fifteen days after bills shall have been rendered therefor,
all expense incurred by the Railroad Coiapanj in connection_
therewith, which said expense shall include all assignable
costs plus ten per cent (10%) to cover elements of expense
!' not capable of exact ascertainment.
The Licensee shall keep and maintain the soil over
the Pipe Line thoroughly compacted and the grade even with
the adjacent surface of the ground.
2
ELK
section 3. NOTICE OF COI .'F.NCELENT OF WORK.
The Licensee snail notify the Railroad Company at
least forty-eight hours in advance of the commencement of
any work on said right of way in connection with the con-
struction, maintenance, repair, renewal, modification, re-
construction, relocation or removal of the Pipe Line.
Section 4. MODIFICATION ATIOL OR RE1LCATION Or' PIPE LINE.
The Licensee shall , at the sole expense of the
Licensee, make any and all riod ific',tions or changes in the
Pipe Line or move all or any part thereof to such new loca-
tion as may be required by the i{ail.r•od Company, at any time,
in connection with the construction, maintenance, repair,
renewal, use, operation, change, modification or relocation
of railroad tracks, telegraph, telephone, signal or other
pole and wire lines, pipe lines and other facilities of the
Railroad Company upon said right of way .
All the terms, conditions and stipulations herein
expressed with reference to the Pipe Line on said right of
way in the location hereinbefore described shall apply to
the Pipe Line as modified changed or relocated within the
contemplation of this section.
Section 5. NO INTERFERENCE WITH RAILROAD OPERATIONS.
The Pipe Line shall be constructed, maintained ,
repaired, renewed, operated , used, modified, reconstructed ,
relocated and/or removed in such manner as to cause no
interference whatsoever with the constant, continuous and
uninterrupted use of the tracks and other property of the
Railroad Company, and nothing shall be done or suffered to
be done by the Licensee that would , in any manner, impair
the safety of said tracks or other property.
section 6. RESTORATION OF RAILROAD COMP`tiY'S PROPERTY.
In the event the Licensee shall take down any
fence of the Railroad Company or, in any manner, move or dis-
turb any other property of the Railroad Company in con-
nection with the construction, maintenance, repair, re-
newal, modification, reconstruction relocation or removal
of the Pipe Line, then, and in that event, the Licensee
shall, as soon as possible and at the sole expense of the
Licensee, restore such fence and/or such other property
to the same condition as it was in before such fence was
taken down or such other property was moved or disturbed,
and the Licensee shall indemnify and save harmless the
Railroad Company from and against any and all liability,
loss, damages, claims, demands, costs and expenses of what-
soever nature, including court costs and attorneys ' fees,
which may result from injury to or death of persons whom-
soever, or damage to or loss or destruction of property
whatsoever, when such injury , death, damage, loss or destruc-
tion grows out of or arises from the taking down of any
fence or the moving or disturbing of any other property of
the Railroad Company.
PLX 3
r
Section 7. DISPOSAL OF PROPERTY.
In the event the Railroad Company shall dispose of
any of its properly upon which the Pipe Line is located , as
herei.n provided , the license or permit herein granted , with
respect to the portion of the Pipe Line located upon the
property so disposed of, shall forthwith cease and determine.
Section 9. LIABILITY.
The Licensee shall indemnify and hold harmless the
Railroad Company from and against any and all liability,
loss, damage, claims, demands, costs and expenses of what-
soever nature, including court costs and attorneys ' fees,
which may result from injury to or death of persons whom-
soever, or damage to or loss or destruction of property what-
soever ( including damage to the roadbed, tracks, equipment
or other property of the Railroad Company or property in its
care or custody) , when such injury, death, loss, destruction
or damage grows out of or arises from the bursting of or
leaks in the Pipe Line, or in any other way whatsoever is
due to, or arises because of, the existence of the Pipe Line
or the construction, operation, maintenance, repair, renewal,
modification, reconstruction, relocation or removal of the
Pipe Line or any part thereof, or to the contents therein
or therefrom. And the Licensee does hereby release the
Railroad Company from all liability for damages on account
of injury to the Pipe Line from any cruse whatsoever.
Section 9. TERMINATION ON ABANDONMENT OR DEFAULT.
;)isuse of the Pipe Line continuing, at any time,
for a period of one year shall constitute an abandonment
thereof, and, in the event of such an a.banc?onmert, the Rail-
road Company may, at its option, terminate this agreement.
If the Licensee shall fail to keep and perform all
or any of the covenants and agreements herein contained to be
by it kept and performed, and such default shall continue
for a period of thirty days after written notice from the
Railroad Company to the Licensee specifying such default,
then the Railroad Company may, at its option, forthwith
terminate this agreement.
Section 10. REMOVAL OF PIPE LINE UPON TERi:INATI ON OF
AGREEMENT.
.
Within ninety days after the termination of this
agreement howsoever, the Licensee shall, at the sole expense
of the Licensee, remove the Pipe Line from said right of
way and restore, to the satisfaction of the Railroad Company,;
said right of way and the roadbed of said track or tracks
to as good condition as they were in at the time of the con-
struction of the Pipe Line; end if the Licensee fails so to
do, the Railroad Company may do such work of removal and
restoration at the expense of the .Licensee. In the err nt
of the removal of the Pipe Line as in this section provi d,
the Railroad Company shall, in no manner, be liable to tae
Licensee for any damage sustained by the licensee for or oe
nocount of such removal, and such removal shall, in no me ner.,
prejudice or impair any right of action for damage, or Otril;
wise, that the Railroad Company may have against the Licensee
p;.X 4
E ji the Licensee to remove the
Notng in rhis sPipeine because shall obligate
of termination
of this license with respect to same under the provisions of
Section 7 hereof in cases where the Licensee shall have made
arrangements for the continuation of the Pipe Line with the
grantee or grantees of the Railroad Company.
• Section 11. WAIVER OF BREACH.
The waiver by the Railroad Company of the breach
P Hof any condition, covenant or agreement herein contained to
L be kept, observed and performed by the Licensee shall in no
way impair the right of the Railroad Company to avail itself
of any subsequent breach thereof.
id !
Section 12. AGREEMENT NOT TO BE ASSIGNED.
w The Licensee shall not assign this agreement with-
out the written consent of the Railroad Company.
Section 13. EFFECTIVE DATE - TERM.
This agreement shall take effect as of the
1st
day of September 93 7 ,
and, unless sooner terminated as hereovided, shall
inpr
continue in full force and effect for a period of five (5)
years.
Section 14. SUCCESSORS AND ASSIGNS.
Subject to the
• provisions of Section 12 hereof,
this agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective
successors and assigns. j
iF
IN WITNESS WHEREOF, the parties hereto have caused
this agreement to be executed in duplicate as of the date
first herein written.
Witness : UNION PACIFIC RAILROAD COMPANY,
k?itnesa:
enera nager
COUNTY OF WELD,STATE OF COLORADO,
j3 r✓ - . ,�.��
Chairman , Board of County
Commissioners.
Attest :
coal)
-5-
RESOLUTION
WHEREAS, UNION PACIFIC RAILROAD COMPANY has tendere0
to the COUNTY OF WELD , STATE OF COLORADO, an agreement oover-
ing the construction, maintenance and operation of a 1-inch
water pipe line and hydrant on the right of way and under the
' tracks of the Railroad Company at Dacona, Colorado, said
agreement being identified as Railroad Company' s Contract De-
partment No . 22705 ; and
WHEREAS, the Board of County Commissioners of Weld
County has said proposed agreement before it and has given it
careful review and consideration; and
"WHEREAS, it is considered that the best interests
H of said County of Weld will be subserved by the acceptance of
said agreement ;
THEREFORE , BE IT RESOLVED BY THE BOARD OF COUNTY
ICOMMISSIONERE CF THE COUNTY OF WELD , STATE OF COLORADO :
That the terms of the agreement submitted by Union
Pacific Railroad Company as aforesaid be , and the same are
hereby, accepted in behalf of the County of Weld, State of
Colorado ;
That the Chairman of the Board of County Commis-
sioners of said County is hereby authorized, empowered and
; directed to execute said agreement on behalf of said County,
and that the County Clerk is hereby authorized and directed
to attest said agreement and to attach to each duplicate
; original of said agreement a certified copy of this resolutioi.
; STATE OF COLORADO ) es
COUNTY OF WELD
I County Clerk of the
County of held, State o of do , hereby certify that the
above and foregoing is a true , full and correct copy of a
' resolution adopted by the Board of County Commissioners of
the County of Weld, State of Colorado , at a meeting ,Jneld
laccordi to law--at Greeley , Colorado , on the /7/7i-
day of , 1937 , as the same appears on file and
' of record n this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and affixed the seal of the Co ty- of Weld , State of Colorado,
ithis /7 '` day of _rr� , 1937 .
r !
County C erk o the unt o
( Seal) Weld, Statf Colorado.
a4oTr ‘/OUNTY CLERK /
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m ; `t Print to Accompany Agreement with
I' Weld County, Colorado Covering
. r 54. . 1 rater Line Crossing
Scale 1N-1001
9"' Office of Chief Engineer
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Engineer
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*32 6.a • o 6i,. Omaha, Nebr. Aug. 27, 1937
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