HomeMy WebLinkAbout570053.tiff iti
C. D. No. 43055
AGREEMENT
between
UNION PACIFIC RAILROAD COMPANY
and
COUNTY OF WELD, STATE OF COLORADO
Dated , , 1957.
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Covering lease of portion-of Railroad
right of way to be used for highway
purposes, and granting County the right
to maintain highway across tracks of
Railroad Company, near La Salle,
in
Weld County, Colorado.
DUPLICATE ORIGINAL
CofW Copy
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5-15-57 •
M51-cod
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THIS AGREEMENT, made ,and entered into this
day of , 1957,
by and between UNION PACIFIC RAILROAD COMPANY, a corporation
of the State of Utah, hereinaft r—called "Railroad Company, "
and COUNTY OF WELD, STATE OF COLORADO, hereinafter called
"County, " WITNESSETH:
Section 1. LEASE FOR HIGHWAY PURPOSES.
In consideration of the covenants and agree-
ments herein contained to be kept and performed by the County
and subject to the terms and conditions hereinafter stated,
the Railroad Company hereby leases to the County for a period
of twenty-five (25) years commencing on the 1st day of October,
1956, and extending to and including the 30th day of September,
1981, unless sooner terminated as herein provided, the follow-
ing described parcel of land situate in the County of Weld,
State of Colorado, to be used for highway purposes only:
A parcel of land situated in the sW 1/4 of Section
6, Township 4 North, Range 65 West of the Sixth Princi-
pal Meridian, in Weld County, Colorado, bounded and de-
! scribed as follows :
Beginning at a point in the east and west cen-
ter line of said Section 6 that is 50 feet distant
southeasterly, measured at right angles, from the
center line of the main track of the Union Pacific
Railroad Company as now constructed and operated;
thence southwesterly along a straight line par-
allel with and 50 feet distant southeasterly, meas-
ured at right angles and/or radially, from said cen-
ter line of main track to a point in the easterly
line of the public road on the west line of said
Section 6;
thence south along the east line of said public
road which is parallel with and 33 feet, more or
less, distant easterly, measured at right angles,
from the west line of said Section 6, to a point
thereon that is 100 feet distant southeasterly,
measured at right angles, from said center line of
main track;
thence northeasterly along a line parallel
with and 100 feet distant southeasterly, measured
at right angles and/or radially, from said center
line of main track to a point in a straight line
drawn at right angles to said center line from a
point thereon that is 109.6 feet distant southwest
erly from the east and west center line of said Sec-
tion 6, measured along said center line of main track;
thence southeasterly at right angles a distance
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of 100 feet to a point in the southeasterly right
of way line of said Railroad Company;
thence northeasterly along said southeasterly
right of way line which is a straight line paral-
lel with and 200 feet distant southeasterly, meas-
ured at right angles, from said center line of main
track to a point in said east and west center line
of Section 6;
thence west along said east and west center
line of section to the point of beginning.
The premises above-described are shown tinted yellow
on the print, . designated as C.E. Drawing No. 81188, dated
March 18, 1957, marked "Exhibit A, " attached hereto and hereby
made a part hereof. Said premises are hereinafter called
"Leased Premises. "
Section 2. RESERVATIONS AND RELATED PROVISIONS.
The Railroad Company reserves to itself and its
successors and assigns the right to take possession of all or
any portion of the Leased Premises whenever the use thereof
may be necessary or expedient, in the judgment of the Railroad
Company, for railroad purposes, including but not limited to
the location of public or private warehouses, elevators, or
other structures designed to facilitate and promote traffic,
or for or in connection with drilling for or mining of oil,
'gas, coal and other minerals of whatsoever nature underlying
the Leased Premises by the Railroad Company or by others with
its permission; PROVIDED, however, that in the event the
Railroad Company elects to take possession of all or any por-
tion of said Leased Premises in accordance with this reserva-
tion it shall give to the County ninety (90) days ' written
notice of such election.
The Railroad Company reserves to itself and its suc-
cessors and assigns the right to construct, maintain, operate
and use over ,and across the Leased Premises and the highway
thereon any railroad tracks and any other railroad facilities
which in the judgment of the Railroad Company may be required
to serve industries or to accomplish any other railroad pur-
pose, and the County covenants that the Railroad Company, its
successors and assigns, shall have the right to construct,
maintain, operate and use any such railroad tracks and other
railroad facilities across the entire width of the highway on
the Leased Premises, even though the outer border of the high-
way extends beyond the outer border of the portions of the
Railroad Company's right of way leased hereunder.
The Railroad Company agrees that it will, in the
construction of tracks or other facilities on the Leased Prem-
ises or the highway thereon, interfere as little as possible
with the use of said highway, and will, upon the completion of
such tracks or other facilities, restore the highway as nearly
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as possible to the condition existing before such construction.
In the event that any crossing protection facilities
whatsoever should be required for the protection of any pres-
ent or future crossing of any track over the Leased Premises
or the highway thereon, the County covenants and agrees that
such- crossing protection will be constructed, installed and
maintained at the expense of the County, and the County agrees
to pay to the Railroad Company a sum equal to the amount of
any expense incurred by the Railroad Company in connection
with the furnishing of such crossing protection.
Section 3. LICENSE WITH RESPECT TO CROSSING AREA.
In consideration of the covenants and agree-
ments herein contained to be kept and performed by the County,
and subject to the terms and conditions hereinafter stated,
the Railroad Company hereby grants to the County for the same
period as the term of the lease herein made the right to main-
tain, repair, renew and reconstruct an existing public highway
over and across the right of way and the tracks of the Rail-
road Company within the limits of the following described prem-
ises situate in the County of Weld, State of Colorado, to wit :
A strip of land 60 feet wide situated in the SE 1/4
of Section 1, of Township 4 North, Range '66 West of the
Sixth Principal Meridian, in Weld County, Colorado, be-
ing 30 feet in width, measured at right angles, on each
side of a straight line drawn radially to said center
line of main track from a point thereon that is 78.7
feet distant southwesterly from the east line of said
Section 1, measured along said center line of main track,
said strip extending southeasterly from a line concen-
j tric with and 50 feet distant northwesterly, measured
radially, from said center line of main track to the
I westerly line of said public road on the east line of
said Section 1, said westerly line being parallel with
rand 33 feet, more or less, distant westerly, measured
• at right angles, from the east line of said section.
TheAiremises above-described in this Section 3 are
shown tinted green on said Exhibit A and hereinafter are call-
ed "Crossing Area. "
•4 The foregoing grant set out in this Section 3 is
f,made subject and subordinate to the prior and continuing right ,
of the Railroad Company to construct, maintain, use and oper-
ate existing or additional railroad tracks, telegraph, tele-
phone, signal or other pole and wire lines, pipe lines and
other facilities upon, along. or across any and all parts of
'said Crossing Area, all or any of which may be freely done at
any. time or times by the Railroad Company without liability to
the County or to anyone for compensation or damages.
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Section 4. The lease herein made and the rights
herein granted are subject to all outstanding superior rights,
including but not limited to rights in favor of telegraph and
telephone companies and leases to abutting property owners and
others, and to the right of the Railroad Company to renew and
extend such rights; and it is understood that nothing in this
agreement contained shall be construed as a covenant to put
the County into possession or to protect the County in the
peaceable possession of the Leased ?remises.
Section 5 . The County agrees to pay to the Railroad
Company the sum of Five Dollars ($5 .00) per annum, payable an-
nually in advance; to assume all taxes and assessments levied
upon the Leased Premises and the Crossing Area during the con-
tinuance of this agreement, not including taxes or assessments
levied against the Leased Premises and the Crossing Area as a
component part of the railroad property of the Railroad Com-
pany in the state as a whole; to construct and maintain the
highway on the Leased Premises and the Crossing Area in accord -
ance with plans and profiles submitted to and approved by the
Chief Engineer of the Railroad Company before the work is com-
menced; to keep the Leased Premises and the Crossing Area
free from combustible materials; to plant no trees or shrub-
bery, and to erect no structures upon the Leased Premises or
the Crossing Area; to put nothing upon the Leased Premises or
the Crossing Area which might obstruct or interfere with the
view; to provide, in locations and in accordance with plans
approved by the Railroad Company before the work is commenced,
such ditches, culverts, bridges and other structures as may be
necessary properly to care for the drainage from the Leased
Premises, the Crossing Area and the adjoining right of way of
the Railroad Company, and to hold the Railroad Company harm-
less from any and all liability for damage to any of such
structures on the Leased Premises and the Crossing Area aris-
ing from fire caused directly or indirectly by sparks or fire
emitted from the engines or trains of the Railroad Company;
and further to hold the Railroad Company harmless from all
loss, cost and expense arising from any damage to the highway
upon the Leased Premises and the Crossing Area which may re-
sult from the construction or maintenance of drainage ditches
or waterways by the Railroad Company.
Section 6. The County shall, in the construction,
maintenance and improvement of the highway on the Leased Prem-
ises and the Crossing Area, take every precaution to prevent
damage to or the impairment of the stability of the poles in
any pole line or of any other installations or property what-
soever of the Railroad Company or of its tenants; and the
County shall, at its expense, reset or relocate at and under
the direction of the Railroad Company any such pole or poles
or other installation or installations or property whatsoever
that is or is likely to be damaged or weakened because of the
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construction, maintenance or improvement of said highway or
the, location of which must be changed to permit such construc-
tion, maintenance or improvement, or the County shall reim-
burse the Railroad Company for the cost of resetting or relo-
cating any such pole or poles or other installation or instal-
lations or property whatsoever if the Railroad Company elects
to do the work itself.
In connection with the construction, maintenance or
improvement of said highway the County shall assume the cost
of necessary changes within the limits of the right of way of
the Railroad Company in the construction, grade or drainage of
highways or other roadways across said right of way.
Section 7. The County shall not use the Leased Prem-
ises or the Crossing Area or permit .them to be used except for
the usual and ordinary purposes of a street or highway, and it
is expressly understood and agreed that such purposes shall
not be deemed to include the use by the County or by others of
the Leased Premises or the Crossing Area for railroad, street
or interurban railway or other railway transportation purposes,
or for the construction or maintenance of electric power trans-
mission lines, communication lines, gas, oil or gasoline pipe
lines.
Section 8. No special assessments for establishing,
maintaining or improving the highway located upon the Leased
Premises and the Crossing Area shall be made against the adja-
cent railroad right of way or other property of the Railroad
Company, and the County agrees to protect the Railroad Company
against and to save it harmless from such special assessments.'
Section 9. The County at its sole cost and expense
shall construct, reconstruct, maintain, repair and renew the
highway upon the Leased Premises and the Crossing Area.
Section 10. The County shall not permit any heavy
blasting in close proximity to the tracks of the Railroad Com-
pany in connection with the construction of said highway or
its subsequent maintenance, repair, renewal or reconstruction,
and the County shall not discharge any blast during the pas-
sage of trains or of the Railroad Company's employes. The
County shall keep the ditches of the Railroad Company open and'
clear from any deposit or debris lodged therein by the .opera-
tions of its contractors, agents or employes, and shall keep
the right of way of the Railroad Company outside the limits of
the Leased Premises clear of stone or other materials or de-
Ibris resulting from construction, operation or subsequent
maintenance, repair or renewal of said highway.
The County shall reimburse the Railroad Company for
any and all expenses incurred by the Railroad Company in con-
nection with the cleaning and restoration .of any ballast of
its tracks which is disturbed or becomes fouled with dirt or
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materials from the operations of any contractor, agent or em-
ploye:of the County; for any and all expense incurred by the
Railroad Company for repairing or restoring any other property
of .the Railroad Company which is damaged or destroyed as a re-
sult of the construction of said highway or its subsequent
maintenance, repair, renewal or reconstruction; for any and
all expense incurred by the Railroad Company for any other worc
on the roadbed, tracks, signal, telegraph or telephone lines
of the Railroad Company located along the right of way of the
Railroad Company on and in the vicinity of the Leased Premises
or the Crossing Area where such expense results from the con-
struction, maintenance, repair, renewal or reconstruction of
said highway, it being, understood and agreed that the Railroad
Company itself shall perform all work in respect to its road-
bed, tracks and other property and said signal, telegraph and
telephone lines .
Section 11. The highway shall be constructed and
thereafter maintained in such a manner as will protect the
tracks and roadbed of the Railroad Company from slides and
inundations resulting from or caused by the construction, re-
construction, maintenance, repair or renewal of the highway,
'and to that end retaining walls, safeguards and shields shall
be built and the slopes of the ground riprapped so that said
tracks and roadbed of the Railroad Company shall continue to
be in as safe and secure a condition as the same were before
the construction of the highway, and the sufficiency of such
protective construction and maintenance to accomplish such
condition shall be determined by the Chief Engineer of the
Railroad Company. In assuming the obligations set out in this
section the County undertakes or assumes no responsibility for
slides or inundations not caused by or contributed to by the
operations of the County, its contractors, agents or employes,
upon the premises hereinabove described.
Section 12. At points where the highway is higher
than or on the same level as or less than two (2) feet below
the level of tracks of the Railroad Company and forms a curve
convex to such tracks, or is less than fifty (50) feet from
such tracks, the County, at its expense, shall construct and
thereafter maintain substantial barriers on the track side of
the highway so as to prevent vehicles moving from said highway
or being overturned or thrown therefrom across the roadbed or
tracks of the Railroad Company, and said barriers shall be .of
such nature, material, dimensions and strength as shall be ap-
proved by the Chief Engineer of the Railroad Company.
Section 13. The Railroad Company shall, as to the
construction, reconstruction, maintenance, repair and renewal
.of said highway, have the right to inspect the work being done
' or which has been done to ascertain whether there has been
compliance with the terms and conditions of this agreement and
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Iwith the plans and specifications approved by the County and
the Railroad Company.
Whenever, in the judgment of the Railroad Company,
the work of construction or subsequent reconstruction, mainte-
nance, repair or renewal of the highway is likely to affect
the safety of the trains moving on the tracks of the Railroad
Company, the method of procedure must be submitted to and ap-
proved by the Railroad Company before such work shall be
commenced.
Section 14. In the event that the Railroad Company
deems it necessary for the safe operation of its trains during
the progress of the work of constructing, maintaining, repair-
ing, renewing or reconstructing said highway upon the Leased
Premises or said Crossing Area that flagmen and/or watchmen be
stationed at any particular place or places, the County shall,
upon the request of the Railroad Company and at the County's
expense, hire and employ competent flagmen and/or watchmen for
each and every place designated by the Railroad Company. The
Railroad Company shall be the sole judge as to the necessity
of flagmen and/or watchmen, the place or places where they are
to be stationed, and the number of them necessary to protect
the trains and tracks of the Railroad Company during the work
upon said highway, and the said flagmen and/or watchmen so em-
ployed shall be subject to the approval of the Railroad Com-
pany. In case of the failure of the County so to employ flag-
men and/or watchmen, then the Railroad Company may employ and
station such flagmen and/or watchmen and the County shall re-
imburse the Railroad Company for the entire expense incurred
by the Railroad Company in connection with employing and sta-
Itioning such flagmen and/or watchmen.
Section 15. The County shall reimburse the Railroad
Company for any and all expense imposed upon the Railroad Com-
pany for crossing protection howsoever provided on detour
routes for highway travelers where such detour routes or the
need for such crossing protection arises from or grows out of
the making of this agreement or the use of the Leased Premises
or the Crossing Area as herein contemplated.
It is agreed that the County shall reimburse the
Railroad Company for any and all expenses which are imposed
upon the Railroad Company and which would not be so imposed
except for the making of this agreement, whether or not such
expenses are otherwise herein specified and whether or not
they are in the present contemplation of the parties hereto.
Section 16. _In places where the Railroad Company
at the date hereof maintains a fence on its right of way
between its track or tracks and the inner margin of the
Leased Premises, the County agrees that it will at its ex-
pense move such fence to the inner margin of the Leased Prem-
ises. In places where the Railroad Company at the date here-
of does not maintain a fence on its right of way between its
track or tracks and the inner margin of the Leased Premises,
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the County agrees that it will at its expense construct a fence
on the inner-.: margin of the Leased Premises if requested in
writing by the Railroad Company.
The County further agrees, at its expense, to con-
struct, maintain and repair fences on the outer margin of the
Railroad Company's right of way along said highway, or to ar-
range with owners or lessees of the property abutting said
right of way for the construction, maintenance and repair of
such fences, and to relieve the Railroad Company of all obli-
gation, if any there be, to establish and/or maintain fences
on the outer margin of its right of way and of all expense in-
cident to the construction, maintenance and repair of such
fences.
In the relocation of existing fences and in the con-
struction of new fences in accordance with the provisions of
this section, the County shall, at its own expense, also relo-
cate or construct such wing fences as may be necessary and any
necessary connections with existing fences of the Railroad Com-
pany. All fences shall be relocated or constructed and there-
after shall be maintained and repaired in accordance with the
standards of and in a manner satisfactory to the Railroad
Company.
Section 17. Before the commencement of any work in
connection with the construction, reconstruction, maintenance,
repair or renewal of said highway upon the Leased Premises or
in said Crossing Area, the County shall by contract require
each of its contractors who are to perform any of said work to
enter into an agreement with the Railroad Company, in the form
attached hereto and designated as "Exhibit B, " for the protec-
tion of the property and facilities of the Railroad Company
and for the indemnification of the Railroad Company against
all loss, claims, demands, costs and expenses whatsoever re-
sulting from or growing out of said work, or the presence on
or near the Leased Premises or Crossing area or any property
of the Railroad Company of the person or property of such con-
tractor or of any of his or its subcontractors, or of the of-
ficers, agents or employes of such contractor or subcontractor.
Section 18. The County agrees that each and every
contractor performing work contemplated hereunder shall be re-
quired to procure for and on behalf of the Railroad Company
and to keep in effect during the entire period of the opera
tions of such contractor or any subcontractor insurance of the
kinds and amounts stated in the schedule, marked "Exhibit C, "
attached hereto and hereby made a part hereof, such insurance
to be acceptable to the Railroad Company and to be in addition
Ito any other forms of insurance or bonds required under the
terms of any contracts between the County and such contractor.
Duplicates of all policies of insurance required
hereunder shall be furnished to the Railroad Company, and it
is agreed between the parties hereto that operations by such
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contractor or subcontractor upon the Leased Premises or upon
said Crossing Area shall not be commenced until acceptable pol-
icies of insurance as aforesaid shall have been received by
the Railroad Company and shall have been approved by the Rail-
Iroad Company as to form, substance and execution and as to the
' insurer issuing such policy or policies. Said insurance shall
'be kept in effect until all of the work to be performed by
such contractor shall have been completed and formally accept-
led by the County.
Section 19. Contemporaneously with the execution
;and delivery of this agreement the County, at its sole cost
and expense, shall furnish the Railroad Company with a policy
or policies of insurance satisfactory to and approved by the
Railroad Company as to form, substance and execution, and as
to the insurer issuing such policy or policies, protecting the
Railroad Company as hereinafter provided, and such insurance
shall be kept in full force and effect during the life of this
agreement. Said insurance shall protect the Railroad Company
against all loss, damages, claims, demands, actions, causes of
action, costs and expenses of whatsoever nature growing out of
injury to or death of persons whomsoever (including but not
limited to officers, agents, employes and passengers of the
Railroad Company) , or loss or destruction of or damage to prop-
erty whatsoever (including but not limited to loss or destruc-
tion of or damage to roadbed tracks, equipment or other prop-
erty of the Railroad Company), where such injury, death, loss,
destruction or damage arises in any way in connection with or
incident to the construction, reconstruction, maintenance, re-
pair or renewal of said highway, except where such injury,
death, loss, destruction or damage is caused by the sole neg-
ligence of the Railroad Company.
Said insurance with respect to injury to or death of
persons shall be in a sum not less than One Hundred Thousand
Dollars ($100,000.00) for injury to or death of one person,
and, subject to said limit for each person, not less than Five
Hundred Thousand Dollars ($500,000.00) for injury to or death
of any number of persons in any one occurrence.
Said insurance with respect to loss or destruction
of or damage to property shall be in a sum not less than Two
Hundred Thousand Dollars ($200,000.00) for loss, destruction
or damage arising out of any one occurrence.
It is the intention of this Section 19 to provide
the Railroad Company with insurance against the hazards above
mentioned in all cases in which protection against said haz-
ards is not provided by insurance furnished pursuant to Ex-
hibit C mentioned in Section 18 hereof.
Section 20. The County shall notify the Railroad
Company at least ten (10) days in advance of the commencement
of any work in connection with the construction, reconstruc-
tion, maintenance, repair or renewal of said highway upon the
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II eased Premises or in said Crossing Area. All work on the
(Leased Premises or in said Crossing Area in connection with
such construction, reconstruction, maintenance, repair or re-
Inewal shall be done under the supervision and to the satisfac-
tion of the Railroad Company.
Section 21. For the purpose of protecting the re-
versionary interests of the Railroad Company against the as-
sertion of adverse rights the County agrees to prevent en-
croachments upon the Leased Premises and to this end shall, at
its own expense, take all necessary action including, as far
as practicable, the building of its ditches on and, the borrow-
ing of earth from the outer margin of the Leased Premises.
I Section 22. If the County shall breach or fail to
keep or perform any of the covenants or conditions hereof and
shall fail to remedy any default on the part of the County
within thirty (30) days after written notice from the Railroad
Company to the County pointing out such default, then upon the
expiration of such thirty-day period this agreement shall ter-
pinate and be of no further force or effect.
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Section 23. Nonuser by the County of the Leased
I(Premises or the Crossing Area for the purposes herein speci-
fied continuing at anytime for a period of eighteen (18)
!months shall, at, the option of the Railroad Company, work a
termination of this agreement and all of the rights of the
County hereunder, and nonuser by the County of a portion of
the Leased Premises or of the Crossing Area continuing for a
like period shall, at the option of the Railroad Company, work
a termination of all rights and interests of the County with
respect to the premises not used.
Section 24. The waiver by the Railroad Company of a
breach of any condition, covenant or agreement herein contain-
ed to be kept and performed by the County shall not impair the
right of the Railroad Company to avail itself of any subse-
quent breach thereof.
Section 25 . The County shall not transfer or assign
this agreement or any interest therein or any right granted
thereunder or sublease any portion of the Leased Premises
without the consent in writing• of the Railroad .Company.
. Section 26. Subject to the provisions of Section 25
hereof, this agreement shall inure to the benefit of and be
binding upon the parties hereto, their successors and assigns .
IN WITNESS WHEREOF, -the parties hereto have caused
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this agreement to be executed in duplicate as of' the date
first herein written.
Witness : O - -- - UNION PAC FIC RAILROAD COMPANY, ;
BY ' - /.1
-• - - Executive Vice' President
Attest •
\ ;
_ eal)
Assistant Seci tart', - _ _
Witness : COUNTY OF WELD ST OF
7�� � COLORy00,�
harm r3 of he Board of
Attest : County Commissioners
(Seal)
Catinty Clerk
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STATE OF NEBRASKA
ss .
(COUNTY OF DOUGLAS
On this g 7 day of /it , 19-$ 1,
_ 'before me, a Notary Public in and for aid county in the
State aforesaid, personally appeared E. Hicks , to _me
personally known, and to me personally known to be the Executive Vice
President of UNION PACIFIC RAILROAD COMPANY, and to be
the same person whose name is subscribed to the foregoing
instrument, and who, being by me duly sworn, did say that he
is Executive Vicepresident of Union Pacific Railroad Company;
that the seal affixed to said instrument is the corporate
seal of said corporation; and that said instrument was
signed and sealed on behalf of said corporation by authority
of its board of directors; and the said E. Hicks
acknowledged said instrument to be his free and voluntary
act and deed, and the free and voluntary act and deed of
said corporation, by it voluntarily executed, for the uses
specified therein.
IN WITNESS WHEREOF, I have hereunto set my hand
and official seal the day and year last above written.
' My commission expires 7a1---t-a) . /9‘-d
J ,• _ _-i• . Notary Public
V: :_,
Residing at /� a _ f-
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(Seal) < . _
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6' 1 Ls , 2Q. UNION PACIFIC RAILROAD
��s ��.� o`J� �s ,/ Right of way to be leased to
11:" \ `'�, e WELD COUNTY
For Public Highway
LA SAL LE AT LA SALLE COLORADO
Scale F'=400
Chief Engineer's Office , U.P. R.R.Omaha, Mar. 18,1957
'sr, Drawing No. 81188
93 LEGE ND
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, Right of way to be leased shown thus r
�� Crossing area shown thus o
— -- - — -
\i Exhibit
THIS AGREEMENT, made this day of
19---, between UNION PACIFIC RAILROAD COMPANY, a corporation
of the State of Utah, hereinafter called "Railroad Company, "
and
hereinafter called "Contractor, " WITNESSETH:
RECITALS :
By agreement dated ,
between the Railroad Company and the County of Weld,
State of Colorado, hereinafter called "County, " the
Railroad Company leased to the County certain land
in Weld County, Colorado, for highway purposes for
a term of 25 years commencing October 1, 1956, and
granted to the County for a like term the right to
maintain, repair, renew and reconstruct an existing
public highway over and across the right of way and
tracks of the Railroad Company in the location de-
scribed in said agreement and shown on the print at-
tached thereto.
Said agreement provides that before the com-
mencement of any work in connection with the con-
struction, maintenance, repair, renewal or recon-
struction of the highway upon the premises covered
by said agreement the County shall and will require
each of its contractors who are to perform any of
said work of construction, maintenance, repair, re-
newal or reconstruction to enter into an agreement
with the Railroad Company for the protection of the
property and facilities of the Railroad Company and
for the indemnification of the Railroad Company
against loss, claims, demands, costs and expenses
resulting from or growing out of such work, or the
presence on or near the property of the Railroad
Company of the person or property of such Contrac-
tor or of any of the subcontractors of such Con-
tractor, or the officers, agents or employes of
such Contractor or subcontractors, and for the
procurement of insurance.
The County has entered into a contract with
the Contractor for the performance of certain work
in connection with the construction (or maintenance
or reconstruction) of said highway which contract
is hereinafter called "Construction Contract. "
AGREEMENT: •
NOW THEREFORE, it is mutually agreed by and between
the parties hereto as follows :
Section 1. The Contractor in performing work for
the County adjacent to or on the right of way of the Railroad
Exh.B ,
43055 1
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Company shall comply with the rules and regulations of the
Railroad Company with respect to the protection .of the Rail-
road Company's employes, passengers and, licensees, the Rail-
road Company' s operations, and property of or in the custody
of the Railroad Company and shall perform said work in such
manner and at such times as not to interfere with or endanger
the safety of such persons, operations or property.
Section 2. In the event that it should be necessary
for said Contractor to be upon the said right of way of the
Railroad Company in connection with the performance of said
;work, the Contractor covenants and agrees to use said right of
way and to cross over said tracks only in the manner and at
such times and locations and under such protective measures at
the expense of the Contractor as may be approved by the Chief
Engineer of the Railroad Company or his authorized represent-
ative.
Section 3. The Contractor hereby releases and dis-
charges the Railroad Company, its officers, agents and em-
ployes from all liability for any and all personal injuries
which may be sustained by the Contractor, subcontractors and
officers, agents and employes of either while upon or near the
premises of the Railroad Company in connection with the per-
formance of said work, whether resulting in death or otherwise ,
and from all liability for loss or destruction of or damage to
property of or in possession of the Contractor, subcontractors
or officers, agents and employes of either, while upon or near •
said premises for such purposes; and the Contractor hereby
agrees to indemnify and hold harmless the Railroad Company and
its officers, agents and employes against and from any and all
liability of the kind mentioned in this section.
Section 4, The Contractor hereby agrees to indemnify
and save harmless the Railroad Company, its officers, agents
and employes, from any and all claims, suits, losses, damages
or expenses on account of injuries to or death of any and all
persons whomsoever, including the Contractor, subcontractors
and officers, agents and employes of either, and officers,
•4 agents, employes and passengers of the Railroad Company; and
from any and all loss or destruction of or damage to property
arising or growing out of or in any manner -connected with the
work performed on said highway under said Construction Con-
tract or caused or occasioned in whole or in part by reason of
the presence of the person or of the property of the Contrac-
tor, subcontractors, their officers, agents or employes upon
or in proximity to the property of the Railroad Company.
The Contractor agrees to defend at its or his own
expense in the name of or on behalf of the Railroad Company,
all claims or suits for injuries to or death of person or
persons or for loss or destruction of or damage to property
arising or growing out of the work performed by the Contractor
Exh.B
4305] 2 • ..
II
or subcontractors under said Construction Contract, for which
the Railroad Company is liable or is alleged to be liable.
Section 5. (a) Before performing any work under
said Construction Contract on or near any of the Railroad Com-
pany's property, the Contractor without expense to the Rail-
` road Company shall procure and deliver to the Railroad Company
a policy or policies of insurance of the kind hereafter de-
scribed, issued by a reliable insurance company or companies
authorized to transact such insurance business in the State of
Colorado.
(b) Each and every such insurance policy shall be
satisfactory to and approved by the Railroad Company as to
form, substance and execution and as to the insurer issuing
such policy and each and every such policy shall be kept by
the Contractor, without expense to the Railroad Company, in
full force and effect until all work required to be performed
under such Construction Contract has been completed to the
satisfaction of and accepted by the County.
(c) Said insurance policies shall insure and pro-
tect the Railroad Company against loss, damage and liability
growing out of injuries to persons, including death resulting
therefrom, with a limit of not less than $100,000.00 for in-
jury to or death of one person, and, subject to said limit for
each person, not less than $500,000.00 for injury to or death
of any number of persons in any one occurrence; also against
loss, damage and liability growing out of loss or destruction
of or damage to property, with a limit of not less than
$200,000.00 for property loss, damage and destruction arising
out of any one occurrence.
(d) Whenever used in this section the terms
"person" and "persons" mean and include passengers, officers,
agents and employes of the Railroad Company as well as other
persons, and the term "prbperty" includes property owned by
and property in the care, custody or control of the Railroad
Company as well as other property; and said insurance poli-
cies shall so provide. Said policies shall also contain
provisions or endorsements whereby the insurer assumes the
liability of the Contractor under this agreement.
Section 6. This agreement shall inure to the bene-
fit of and be binding upon the parties hereto and their
heirs, personal representatives, successors and assigns .
Section 7. The Contractor shall reimburse the Rail-
road Company upon rendition of bills for all work performed
and materials furnished by the Railroad Company upon the re-
quest of the Contractor.
IN WITNESS WHEREOF, the parties hereto have executes
Exh.B
43055 3
this agreement as of the day and year first herein written.
Witness : UNION PACIFIC RAILROAD COMPANY,
By
President
Witness :
•
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Exh.E
4305 4 . . .
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Exhibit C
To be attached to C. D. No. 43055, agreement between Union Pa-
cific Railroad Company and County of Weld, State of Colorado,
whereby the Railroad Company leases to said County certain por-
tions of the Railroad Company' s right of way in Weld County,
near La Salle, for highway purposes, and grants to the County
the right to maintain a highway over and across the right of
way and tracks of the Railroad Company.
SCHEDULE OF INSURANCE to be furnished by all contrac-
tors performing for the County any of the work contemplated in
said agreement :
(a) Contractor 's Public Liability and Property Damage Lia-
bility Insurance.
The contractor, with respect to the work he per-
forms, shall be required to carry regular Contrac-
tor 's Public Liability Insurance providing for a lim-
it of not less than One Hundred Thousand Dollars
($100,000.00) for all damages arising out of bodily
injuries to or death of one person, and, subject to
that limit for each person a total limit of Five
Hundred Thousand Dollars ($500,000.00) for all dam-
ages arising out of bodily injuries to or death of
two or more persons in any one occurrence, and regu-
lar Contractor' s Property Damage Liability Insurance
providing for a limit of not less than Two Hundred
Thousand Dollars ($200,000.00) for all damages aris-
ing out of injury to or destruction of property in
any one occurrence, and, subject to that limit per
occurrence, a total limit of Five Hundred Thousand
Dollars ($500,000.00) for all damages arising out of
injury to or destruction of property during the pol-
icy period.
(b) Contractor's Protective Public Liability and Property
Damage Liability Insurance.
At the time of filing his contract and bond,
the contractor shall be required to notify in writ-
-14
ing the County as to whether or not he proposes to
sublet any of the work under the terms of his con-
tract. He shall be required, with respect to the
operations performed for him by subcontractors, to
carry in his own behalf Contractor 's Protective Pub-
lic Liability and Property Damage Insurance in the
same limits as prescribed in paragraph (a) above.
(c) Railroad Company Protective Public Liability and Proper-
ty Damage Liability Insurance
In addition to the insurance above specified in
paragraphs (a) and (b) , the contractor shall furnish
Exh.C
43055 1 .
duplicate policies of insurance to Union Pacific Rail-
road Company evidencing that with respect to the con-
tractor ' s operations or the operations of any of his
subcontractors the contractor has provided for and in
behalf of said Railroad Company regular Protective
Public Liability Insurance providing for a limit of
not less than One Hundred Thousand Dollars ($100,000.00)
for all damages arising out of bodily injuries to or
death of one person, and, subject to that limit for
each person, a total limit of Five Hundred Thousand
Dollars ($500,000.00) for all damages arising out of
bodily injuries to or death of two or more persons
in any one occurrence, and, regular Protective Prop-
erty Damage Liability Insurance providing for a lim-
it of not less than Two Hundred Thousand Dollars
($200,000.00) for all damages arising out of injury
to or destruction of property in any one occurrence,
and, subject to that limit per occurrence, a total
limit of Five Hundred Thousand Dollars ($500,000.00)
for all damages arising out of injury to or destruc-
tion of property during the policy period.
The insurance hereinbefore specified shall be carried
until all work contemplated in the contractor 's agreement with
the County shall be satisfactorily completed and formally ac-
cepted by the County.
The Railroad Company Protective Public Liability and
Property Damage Liability Insurance policies aforesaid shall
bear an endorsement reading as follows :
Railroad Company Protective Insurance Endorsement
Covering Bodily Injury and Property Damage
In consideration of the premium charged for the pol-
icy of insurance to which this endorsement is attached it
is further understood and agreed as follows :
1. That Union Pacific Railroad Company is herein-
4 after referred to as the "Insured. "
2. That the Insurtnce 'Company hereby agrees to pay
to and on behalf of the Insured and indemnify the Insured
against :
(A) All loss from the liability imposed upon
the Insured by law for damages for bodily injuries (in-
cluding death at any time resulting therefrom, and includ-
ing care and loss of service) suffered or alleged to have
been suffered by any person or persons (including, but not
limited to, passengers and employes of the Insured) caused
by, resulting from or in any manner connected with the
Exh.C
0055 2 . ..
prosecution of the work hereinafter described; and
(B) All loss from and liability for damage to
or loss ordestruction of property and loss of use there-
of (including, but not limited to, property owned, leased,
occupied or used by, or in the care, custody and control
of the Insured or any employe of the Insured) , caused by,
resulting from or in any manner connected with the prose-
cution of the work hereinafter described.
3. The Insurance Company hereby agrees :
(A) To defend in the name of and on behalf of
the Insured any suit or action brought against the Insur-
ed seeking damages on account of any such bodily injury
or death, or property damage, loss or destruction, even
if such suit or action is groundless, false or fraudulent;
PROVIDED, however, that the defense of any suit or action
(or the prosecution of any subrogation rights) within the
scope of the coverage of this policy shall be handled in
cooperation with the Insured if the latter so chooses.
(B) To pay, irrespective of the limits of li-
ability stated in this endorsement, all costs, all premi-
ums on attachment and appeal bonds taxed against the In-
sured or required in any such proceedings, all expenses
incurred by the Insured, and all interest accruing after
entry of judgment against such part thereof as shall not
be in excess of the limits of the Insurance Company's li-
ability until the Insurance Company has paid, tendered or
deposited in court the amount of such judgment or such
part thereof as does not exceed the limits of the Insur-
ance Company's liability as expressed in this. endorsement.
4. Description of the work: The Insurance Com-
pany hereby agrees that the work herein referred to shall
mean all work and operations performed upon, over or un-
der Insured's right of way, tracks and other property by
the Contractor hereinafter named or any subcontractor or
the agents or employes of either in connection with a con-
tract dated , between County of Weld,
State of Colorado, and
(Name of Contractor)
, and any amendments thereof and sup-
plements thereto for the performance of the following work:
Any and all work of construction, reconstruction, mainte-
nance, renewal or repair on the public highway of said Weld
County extending southerly from the east-west center line
of Section 6, Township 4 North, Range 65 West of the Sixth
Principal Meridian, to a line beyond the westerly border
of said Section 6, said line being parallel with and 50
feet northwesterly of the center line of Union Pacific
Exh.C
43055 3
Railroad Company 's main track, the portions of said highway
located on the right of way of Union Pacific Railroad Com-
pany being more particularly described in agreement dated
between Union Pacific Railroad
Company and County of Weld, State of Colorado, said agree-
ment being identified in the records of the Railroad Com-
pany as C. D. No. 43055.
5. The Insurance Company hereby agrees that all
exclusions in the policy of insurance to which this en-
dorsement is attached are hereby deleted, but it is under-
stood and agreed that this endorsement does not cover any
liability or loss as a result of bodily injury or death,
or property damage or destruction .
(A) Caused solely by the negligence of the
Insured, its agents or employes; or
(B) Suffered by any person or persons, or
occasioned to any property, on account of whose injury
or death or the damage or destruction of which the In-
sured shall have by agreement or otherwise voluntarily
assumed or retained liability which, without such
agreement, would not attach; PROVIDED, however, this
endorsement shall cover any liability of the Insured
arising from or as a part of any contract for the car-
riage of persons or property as a common carrier, and
any liability as a bailee or otherwise of property,
including rolling stock and equipment.
6. It is further understood and agreed that when
employes of the Insured are loaned or assigned to the
contractor or his subcontractors to perform work in con-
nection with his operations covered by this endorsement
which is not in any way the work, business or operation
of the trains of Union Pacific Railroad Company, or is
not done under direct control of the Insured, and if such
employes of the Insured are subject to the direction and
control of the contractor, his agents, employes or subcon-
tractors, in all matters pertaining to their work, then
P for the purpose of this insurance such employes shall be
regarded as employes of the contractor.
7. The limits of the Insurance Company 's liability
under this endorsement to the Insured are as follows :
Each
Each Occurrence
Person or Accident Aggregate
Bodily injuries and Not
death coverage : $100,000.00 $500,000.00 Applicable
Property damage Not
coverage : Applicable $200,000.00 $500,000.00
Exh,C
43055 4 . . .
At
8. Anything in the policy to which this endorse-
ment is attached to the contrary notwithstanding, cover-
age provided under this policy is exclusive of any car-
ried by the Insured, and coverages provided under this
policy shall be exhausted first, notwithstanding the fact
that the Insured may have other valid and collectible in-
surance covering the same risk,
9. Anything in the policy to which this endorse-
ment is attached to the contrary notwithstanding, the pol-
icy shall not be cancelled, altered, amended or coverage
reduced without the giving of not less than thirty days
written notice by the Insurance Company to Union Pacific
Railroad Company and the County,
10. Liability for payment of premiums under the
policy to which this endorsement is attached is solely
upon the contractor named in paragraph 4 hereof.
11. Any of the provisions of the policy to which
this endorsement is attached, inconsistent with this en-
dorsement, are hereby amended to conform with this endorse-
ment; but, except as hereby modified and supplemented,
the provisions of this policy shall be and remain in full
force and effect.
This endorsement is to be attached to and forms a
part of Policy No, issued to Union
Pacific Railroad Company and shallf.become effective on
the day of , 19---, at the hour
designated in said policy.
IN WITNESS WHEREOF, the
Insurance Company has caused this endorsement to be signed
by its President; but the same shall not be binding upon
the Company unless countersigned by its authorized agent,
fresident
Countersigned at
J By
Authorized Agent
Eh ,C
4055 5
RESOLUTION
WHEREAS, UNION PACIFIC RAILROAD COMPANY has tendered
to COUNTY OF WELD, STATE OF COLORADO, an agreement covering
the leasing of premises of the Railroad Company near La Salle
in Weld County, Colorado, to be used for highway purposes only,
, and also covering the granting to the County of the right to
maintain a highway across the right of way and tracks of the
Railroad Company near La Salle in said county; said agreement
being identified as Railroad Company' s C. D. No. 43055; and
WHEREAS, the Board of County Commissioners of Weld
County, State of Colorado, has said proposed agreement before
it and has given it careful review and consideration; and
WHEREAS, it is considered that the best interests of
said County of Weld, State of Colorado, will be subserved by
the acceptance of said agreement;
THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COUNTY OF WELD, STATE OF COLORADO :
That the terms of the agreement submitted by Union
Pacific Railroad Company as aforesaid be and the same hereby
are accepted in behalf of County of Weld, State of Colorado;
That the Chairman of the Board of County Commission-
ers of said County hereby is authorized, empowered and direc-
ted to execute said agreement on behalf of said County, and
' that the County Clerk hereby is authorized and directed to at-
test said agreement and to attach to each duplicate original
of said agreement a certified copy of this resolution.
STATE OF COLORADO
ss
COUNTY OF WELD //��
I, ( -,7 b l , County Clerk of the
County of Weld, State of Coi&bado, hereby certify that the
above and foregoing is a trues full and correct copy of a res-
olution adopted by the Board of County Commissioners of the
County of Weld, State of Colorado, at a meeting hel according
to law at Greeley, Colorado, on the , In day of ,
1957, as the same appears on file and of record in((this
office.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and affixed the seal gf-vthe County of Weld, State of Colorado,
this ) ' day .of c �._� , 1957. QQ
CNnNJ/�/�' f
County Clerk of the County of
Weld, /Mate C lorado.
(Seal) 2A1 1Q-Y2A4*/`,� ,e ..
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APPROVED 1116 ............... day &f
Erman or of County Commissioners.
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