HomeMy WebLinkAbout921210.tiff RESOLUTION
RE: APPROVE LICENSE FOR UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
WITH ROCKY MOUNTAIN RAILCAR AND RAILROAD, INC. AND AUTHORIZE CHAIRMAN TO
SIGN
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 Board has been presented with a License for the Upgrade and
Maintenance of Weld County Right-of-Way with Rocky Mountain Railcar and Railroad,
Inc. , and
WHEREAS, a meeting before the Board was held on November 30, 1992, at which
time the Board deemed it advisable to continue said matter to December 14, 1992,
then again to December 28, 1992, and
WHEREAS, at said meeting on December 28, 1992, the Board deemed it
advisable to approve said license, a copy of which is attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the License for the Upgrade and Maintenance of Weld County
Right-of-Way with Rocky Mountain Railcar and Railroad, Inc. , be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said license.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 28th day of December, A.D. , 1992.
BOARD OF COUNTY COMMISSIONERS
ATTEST: / �J�PLI? WELD C UNTY, COLORADO
Weld County Clerk to tht Board
Ge r e Ken edy, Chairman
Lig
BY: /fit -/7-1 21_s -s_' iJLGI� l
Deputy Clerk to the`and Constance L. Harbert, Pro-Tem
APPROVED AS T FORM:
C. W. Ki y IC;1— e0T7 County Attorney Gor .`L cy
W. H. Webster
921210
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LICENSE FOR THE UPGRADE AND MAINTENANCE
OF WELD COUNTY RIGHT-OF-WAY
THIS LICENSE, made and entered into this :-9` +—� day of , A.D., 19
by and between WELD COUNTY, COLORADO, by and through the Board of County Commissioners
of Weld County, Colorado, 915 Tenth Street, Greeley, Colorado 80631, as First Party, and
ROCKY MOUNTAIN RAILCAR AND RAILROAD, INC., whose address is 22400 East 1-76 Access
Road, P. O. Box 218, Hudson, CO 80642, as Second Party.
WITNESSETH:
WHEREAS: Second Party desired to have improved access to property located in the North
One-Halves of Sections 1 and 2, Township 1 North, Range 65 West of the 6th P.M., Weld
County, Colorado,and
WHEREAS: First Party is the owner of a right-of-way located as follows: Thirty (30) feet
on either side of the Section Line between Sections 1 and 2, township 1 North, Range 65 West of
the 6th P.M., Weld County, Colorado, extending north from Colorado State Highway 52 for
approximately one-half mile, and
WHEREAS, said right-of-way is currently not being maintained by First Party, and
WHEREAS, Second Party wishes to upgrade and maintain said right-of-way.
NOW, THEREFORE, in consideration of the covenants contained herein and the agreements of
said Second Party to be performed hereunder and upon the conditions herein stated, First Party
does grant to Second Party, its successors and assigns, a license to upgrade and maintain the
right-of-way owned by First Party located as follows: Thirty (30) feet on either side of the
Section Line between Sections 1 and 2, Township 1 North, Range 65 West of the 6th P.M., Weld
County, Colorado, extending north from Colorado State Highway 52 for approximately one-half
mile.
The conditions by which Second Party may upgrade and maintain said right-of-way is as
follows:
1 . Second Party must place signs at the intersection of said right-of-way and Colorado
State Highway 52 which state that the right-of-way is currently being maintained by Second
Party. Said sign shall include Second Party's name, address, and telephone number. Said sign
must remain in place continuously and without interruption from the first day said right-of-
way is upgraded and maintained by Second Party until Second Party ceases
Page 1 of 3 Pages
921210
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said upgrade and maintenance. Second Party shall given written
notice of its intent to cease said upgrade and maintenance at
least ninety (90) days prior to the date of cessation.
2. Second Party must upgrade and maintain the right-of-way
in such manner as prescribed by First Party. •
3. Second Party must upgrade and maintain the right-of-way
at its own expense and without the aid or use of Weld County
funds.
4. First Party retains the right to revoke this license at
any time for any reason. First Party shall give Second Party
•
written notice of its intent to revoke this license at least
ninety (90) days prior to the date of revocation. Such notice
shall be sent to Second Party by Certified Mail to its address
written above or served upon Second Party in accordance with the
Colorado Rules of Civil Procedure. Second Party shall have the
duty of informing First Party of Second Party' s change in address
from his address written above.
5. Second Party shall indemnify and save harmless First
Party, its successors , assigns, employees , and agents from any
damage or loss sustained by them or any of them rising by reason
of the upgrade and maintenance of right-of-way.
6. Second Party agrees to protect First Party and save and
hold it harmless from any and all third party claims and damages
that said upgrade and maintenance may directly or indirectly
cause; Second Party hereby releases First Party, its successors,
assigns, employees, and agents from any and all claims and damages
of whatsoever character to property owned by Second Party
resulting from any act, either on the part of First Party or on
the part of any Third Party.
•
7. Second Party shall not assign any or all of its rights
under this license without first obtaining written consent to such
assignment from First Party.
8. First Party does not in any way warrant or guarantee its
ownership of the right-of-way which is the subject matter of this
license.
9. Second Party agrees to include dust abatement as part of
its maintenance of said right-of-way. Water, asphaltic emulsions,
waste oil, or commercially available chemicals may be used to
control dust. Second Party is responsible for using materials and
methods not inconsistent with any federal, state, or local laws ,
rules or regulations pertaining to hazardous materials, health, or
environmental protection.
Page 2 of 3 Pages "t2 n10 921'2 ..,
10. Second Party agrees to remove and/or relocate, at its expense, any irrigation
structures which may currently be located within said right-of-way in accordance with the
needs and desires of the owners of said irrigation structures.
11 . Prior to upgrading said right-of-way, Second Party shall obtain a survey
performed by a professional land surveyor which shall establish the exact location of the section
lines between Sections 1 and 2, Township 1 North, Range 65 West.
It is mutually understood and agreed that this license and all the terms and conditions hereof
shall extend to and be binding upon the parties hereto, their successors, and assigns.
EXECUTED IN DUPLICATE the day and year first above written.
FIRST PARTY:
ATTEST: g ,' ,,n /1/ / WELD COUNTY,COLORADO, by and
0r4G' i%j /(/' , ,//)' through the Board of County
Commissioners of Weld County, Colorado
Weld County
Clerk to the Board
��
By:I/i'S��l`?: — —
By:
Deputy Clerk Chairman
SECOND PARTY:
ROCKY MOUNTAIN RAILCAR AND
RAILROAD, INC. _ .
By' >
oo �
n i. Mayn r
President :-/ Manager
SUBSCRIBED AND SWORN to before me this 30 rk day
of— (0C TT) 6 , 19-qL, By-- jOA." L , in4-1//C- ..lo-
WITNESS my hand and official seal
��
Ii 1 2tQ_a
J � ,/ Not. y P blic
My commission expires: /7/ � / Y
Page 3 of 3 Pages
971121.0
OFFICE OF COUNTY ATTORNEY
PHONE(303)356-4000 4391
BOX P.O. BOX 1948
GREELEY,COLORADO 80632
111 I
COLORADO
November 16 , 1992
CERTIFIED MAIL
Emma and Willie Taoka
3127 WCR 49
Hudson, CO 80642
RE: Request from Ron Maynard for
Issuance of License to Upgrade
Weld County Road 47, North of
State Highway 52
Dear Mr. and Mrs . Taoka:
Enclosed herein please find a copy of a proposed license agreement
for the upgrade and maintenance of Weld County Road 47, as it
proceeds north from State Highway 52 . The license is being
proposed by Ron Maynard on behalf of Rocky Mountain Railcar and
Railroad, Inc .
It is my understanding that you own either a portion of or all of
Southwest 1/4 of Section 1, Township 1 North, Range 65 West of the
6th P.M. , Weld County, Colorado. Given that this proposed license
will upgrade and maintain the roadway which will extend 30 feet
into the Southwest 1/4 of Section 1, you may be interested in
attending the Board of County Commissioners meeting when the
license is discussed and considered.
Please be advised that the Board of County Commissioners will
consider the proposed license at its regular meeting on Monday,
November 30, 1992 at 9 : 00 a.m. The meeting of the Board of County
Commissioners will take place in the first floor meeting room of
the Weld County Centennial Center complex building, 915 Tenth
Street, Greeley, Colorado.
92a 210
Emma and Willie Taoka
Page 2
November 16, 1992
Please call me at 356-4000, Extension 4389 if you should have any
questions regarding this letter or regarding the proposed license.
Ve ruly yours,
e T. Barker
Assistant Weld County Attorney
BTB/gb:taoka
pc: Drew Scheltinga
Clerk to the Board
ireitCatftait
ROCKY MOUNTAIN RAILCAR &RAILROAD, INC.
22400 1-76 Access Road
P.O.Box 218
Hudson,CO 80642
October 29, 1992
Bruce T. Barker
Assistant County Attorney
Office of Weld County Attorney
P.O. Box 1948
Greeley, CO 80631
RE: License for upgrade and maintenance of Weld County Right-of-Way
Dear Mr. Barker:
This letter is submitted in support of the application filed by Rocky Mountain
Railcar and Railroad, Inc., for a license for the upgrade and maintenance of Weld
County Right-of-Way (WCR 47).
As you know, RMRR is currently transloading cement, sand, and steel into
trucks. Upwards of 20 truck per day depart the property loaded with cement for
The Denver International Airport construction project. In addition, as many as
12 truckloads of sand, and two truckloads of steel may depart the property
daily. These trucks must enter and depart via a circuitous route through a busy
and active freight car repair facility, because there is presently just a single
entrance serving both the repair shop and RMRR's adjacent property. This
entrance is a private, unprotected grade crossing of the Burlington Northern's
busy mainline track. The potential for a serious accident is a very real threat
to the safety of the truck drivers who must use this entrance,
If this license is granted, trucks entering and leaving RMRR property will be
r;
able to use WCR 47 connecting directly with State Highway 52. As State
Highway 52 crosses the Burlington Northern mainline at a fully protected grade
crossing, the risk of a truck-train collision is reduced significantly.
In addition, the existing hazard to railcar shop employees and equipment will
be eliminated, and trucks being served by RMRR will have shorter and more
direct access to the unloading facility, saving time, fuel, and wear and tear.
The greatly increased safety factor which will be realized by activating WCR 47
cannot be underestimated.
Thank you for your promise to give this application your prompt
consideration, so that we may be able to complete the necessary steps to put
WCR 47 into service at the earliest possible moment.
If you should have any additional questions regarding this application, please
feel free to call me at (303) 536-9301 .
Sincere)
on L. Mavrrard
Presi jnt & General Manager
RLM/nem
enclosures
cc
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