HomeMy WebLinkAbout490001.tiff 2934
CHII.. 40, BURLINGTON & QUINCY RAILL_.!D COMPANY
OFFICE DIVISION uiimrta'' SUPERINTENDENT
McCook, Nebraska,
August 29, 1949.
Mr. George Anderson,
County Commissioner,
Greeley, Colorado.
Dear Sir:
Attached is agreement in duplicate,
dated August 8, between the CB&Q Railroad, and the
Town of Roggen covering construction and maintenance
of an outlet ditch on our right of way at this point.
As Roggen is not an incorporated
village, and has no town government, I am informed
this will come under the jurisdiction of the Weld
County Commissioners, Will you please, therefore,
execute both copies of the agreement, and with return,
furnish me a copy of the resolution passed by the Com-
missioners authorizing you to execute the agreement?
An executed copy will be furnished
later for your file.
Yours very truly,
&449
S. L. Pot�a
Superintend nt.
490001
THIS CONTRACT AND AGREEMENT, Made in duplicate this 8th day of August,
1949, by and between the TOWN OF ROGGEN, COLORADO, party of the first part, here—
inafter referred to as the "Town", and the CHICAGO, BURLINGTON & QUINCY RAILROAD "
COMPANY, party of the second part, hereinafter referred to as the "Railroad Company ,
WITNESSETH
WHEREAS, THE Town is improving the drainage conditions at Roggen, and in
connection therewith finds it desirable to construct an outlet ditch from the Rail-
road Company's pipes under its tracks at Mile Posts 495.8 right-of-way-3 and 495 a
.844eass terly;
part of said outlet ditch to be on the Railroad Company's
red on plat number 1357-99-58 dated July 8, 1949, hereto attached, made a part here-
of, and identified by the signature thereon of C. C. Robnett, and
WHEREAS, The Railroad Company has no objection to the construction and
maintenance by the Town of said ditch,
NOW, THEREFORE, It is mutually agreed by and between the parties hereto
as follows: 1.
The Railroad Company hereby grants unto the Town permission to enter up-
on the Railroad Company's right-of-way for the purpose of constructing and main-
taining the drainage ditch, having approximately a six (6) foot bottom, at the lo-
cation shown in red on exhibit number 1357-99-58 referred to above.
2.
The Town agrees to construct and maintain said ditch at its own cost and
expense, and without any expense to the Railroad Company.
3.
The Town agrees that it will at all times protect, indemnify, and save
harmless the Railroad Company from any and all claims, demands, judgments, losses,
costs, and expenses for injury to or death of any person or persons, or damages to
the property of any person or persons whomsoever (including the parties hereto and
their employees) in any manner arising from or growing out of the construction and/
or maintenance of said ditch on the Railroad Company's right-of-way.
4.
This license shall take effect as of the date first hereinabove written,
and shall remain in force and effect for the period of one (1) year and thereafter
so long as the Town shall maintain said ditch for its own use, and in a manner which
shall not hinder, delay or endanger the operation of the engines, trains, cars, or
business of the Railroad Company over its tracks now laid or hereinafter laid upon
said premises. The Town shall not enter upon said premises of the Railroad Company
for the purpose of constructing and/or maintaining said ditch except upon forty-
eight (48) hours' notice to the Superintendent of the Railroad Company.
IN WITNESS WHEREOF, The parties hereto have caused this license to be duly
executed in duplicate as of the day and year first above written.
APPROVED: CHICAGO, BURLINGTON & QUINCY RAIL-
ROAD COMPANY,
As to Form, By
General Manager
6zz�
As to Property Interests,
General land Agent
As to Descript es' n,
]� TOWN OF ROGGEN, COLORADO,
S/ qL p i�/ By
Mayor
ssistant Chief Engineer
Office of the
Assistant Chief Engineer,
Lincoln, Nebraska.
RESOLUTION
RESOLVED, by the Town Board of the Town of Roggen,
Weld County, Colorado,
THAT the Chairman be and is hereby authorized
and directed to enter into an agreement with the Chicago,
Burlington & Quincy Railroad Company, permitting the Town
to construct and maintain a drainage ditch on the Railroad
Company's right-of-way at Railroad Company Mile Posts
495.72 and 495.84, Roggen, Colorado.
(
Town (
Board (
(
(
ATTEST:
Town Clerk
The above is a copy of the records showing that
the resolution referred to was passed on the day of
1949.
Town Clerk
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To Accompany Contract:
Dated:
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SEC 6 TOM OF fi.. -
rile Post 495.72 — 495.%
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held Co., Cele.
Scale 1"-1CD I
ice of Assistant, Chief, Engineer
coin, Pebraska, July 8, 1949
1357--99-58
Correct:
-WAssistant hief 4ngineer
1357-99-58
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