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Home My WebLink About580146.tiff AUTHORIZING CHAIRMAN TO SIGN AGREEMENT WITH THE GREAT WESTERN RAILWAY COMPANY REGARDING IMPROVEMENT AND CONVERSION ON A PORTICN CF COUNTY ROAD #91 RUNNING EAST AND WEST BETWEEN SECTIONS 11 AND 2, TOWNSHIP 3 NORTH, RANGE 68 WEST, CF THE 6th PR, WELD COUNTY, COLORADO: BE IT RESOLVED, that the Chairman of the Board of County Comais►ioners of Weld County, Colorado, be and he is hereby authorized to sign Agasment with the Great Western Railway Company regarding that portion of county road #91 running east and west between Sections 11 and 2, Township3 North, Range 68 West, of the 6th P.N., Weld County, Colorado, to be improved a41 that railroad bridge located over said county road to be converted inte_.S.,141rpad grade crossing, copy of which Agreement and Plat hereto att{sched and made a'ptrt of this resolution.,//:\/< /ajlajteeetztiettoi �`. S 1161"1- \\N„, I Y ARD Y SSICNERS �CDUNTY, COLORADO DATEDs JULY 1 , 1958. • 5S0/4716 Go©11c THE 11REATWESTERN RAILWAY COMPANY GENERAL OFFICES SUGAR BUILDING BOX 5308 TERMINAL ANNEX UENVER,17 COLORADO July 10, 1958 Mr. Elmer Shultz, Commissioner Weld County Commission Greeley, Colorado Dear Sir: Enclosed are four copies of an Agreement which r f we have prepared for the construction of a grade crossing on County Road No. 91 east of Mead, Colorado. Please have these copies executed and return them to this office. We will return one completed copy for your file. We will also require four copies of the resolution which authorizes the signing of this Agreement. Also attached please find copy of Waiver of Notice and Consent to be completed and returned to us to be used in filing an Application with the Public Utilities Commission of the State of Colorado. Very truly yours, P. H. McMaster Vice-President JWK:pms General Manager Enclosures 5 EXHIBIT "B" AGREEMENT THIS AGREEMENT, Made this 14th day of July , 1958, between The Great Western Railway Company, a Colorado corporation, (hereinafter called "Railway Company" ) , party of the first part, and the County of Weld, Colorado, (hereinafter called "Weld County" ) , party of the second part, WITNESSET H: WHEREAS, the parties hereto desire that a portion of county road No . 91 running east and west between Sections 11 and 2, Twp. 3 N . , R . 68 W. of the 6th P.M. , Weld County, Colorado, (hereinafter called "county road" ) , be improved and that the railroad bridge located over said county road be converted into a railroad grade crossing, all as shown on the plat marked Exhibit "A," attached hereto and made a part hereof; and WHEREAS, incident to said program of improvement and conver- sion, it will be necessary for the parties hereto to perform certain work upon and adjacent to said county road at a location immediately east and west of said railroad bridge; NOW, THEREFORE, for and in consideration of the mutual promises of the parties hereto, it is agreed that the Railway Company and Weld County shall jointly fill in and grade said county road to the eleva- tion shown by the profiles on Exhibit "A," and it is further agreed: 1 . That the Railway Company shall , at its expense, perform the following operations at said location: (a) Provide, insofar as possible, an equal number of pieces of earth-moving equipment with operators as are furnished by Weld County, but not to exceed one 12-cubic-yard carryall pulled by a D-8 cater- pillar; one bulldozer mounted on a D-8 caterpillar; and one 3/4-cubic-yard drag line; (b) Remove the existing wooden structure from under railroad bridge No. 6 at Railway I .C .C . Survey Station 564 plus 14.7; ( c) Regrade 450 feet of track to conform to the grade of said county road at the grade crossing; (d) Upon completion of filling and grading operations, and when fill has settled, construct standard track crossing over said county road as shown on Exhibit "B," and thereafter maintain said track crossing in good condition and repair; (e) Install 50° reflectorized crossbucks on each side of said track crossing; ( f) Prepare and submit an Application to The Colo- rado Public Utilities Commission seeking an order approving unconditionally the conversion of said railroad bridge to a grade crossing as herein set forth. Failure of The Colorado Public Utilities Commission to approve said conversion shall render this agreement null and void; ( g) In connection with the aforesaid application to The Colorado Public Utilities Commission, obtain waiver and consent from The Mountain States Tele- phone and Telegraph Company and the Union Rural Electric Association , Inc . 2 . That Weld County shall , at its expense, perform the follow- ing operations at said location: (a) Provide such earth-moving equipment and other equip- ment with operators as the Board of County Com- missioners may deem necessary; (b) Obtain all rights-of-way required for the completion of work in the manner herein specified; ( c) Obtain and make available at the aforesaid location sufficient dirt for filling and grading; (d) Install such temporary road signs as may be needed to detour traffic safely during the work period; ( e) Install advance warning signs and bus stop signs upon said county road before it is reopened for use by the general public; (f) Remove and replace boundary fences along said county road; (g) Surface the new county road with either gravel or "black top," and thereafter maintain said county road in good condition and repair; (h) In connection with the aforesaid Application of the Railway Company to The Colorado Public Utilities - 2 - Commission, obtain waivers and consents from adjacent property owners; (i) Furnish, install and maintain such culverts as may be required. 3 . All work hereunder shall be performed with due diligence and the work of the Railway Company set forth in paragraph 1 hereof shall be under the direction and subject to the approval of the Weld County Road Supervisor. 4. Insofar as possible the operations of the Railway Company' s trains shall not be delayed during the work period. 5. This agreement shall inure to the benefit of and be binding upon the successors and assigns of the respective parties hereto . IN WITNESS WHEREOF the parties hereto have executed these presents the day and year first above written. THE GREAT WESTERN RAILWAY COMPANY Attest: By /s/ Frank A . Kemp /s/ Robert A. Wherry President Secretary (SEAL) THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO Attest: /s/ Ann Spomer COUNTY CLERK By /s/ R. G. Warren /s/ By Liz Straight Chairman Deputy County Clerk (SEAL) - 3 - Sun- ni PAYING To SUIT I i CONDITIONS - TM8ER TIMBER ''I u PLAN OF CRoasING NOTE :- FLANGE-WAY TIMBERS To BE LAG-SCREWED To TRACK TEs . SURFACING To MEET ROAD SURFACE HieHWAY REQUIREMENTS - -- - - - — - - L{s1 ro�xb x 8 O TIE yl •GLEAN SAIIAST 6" UNDER TIE .; '•s EXHIBIT "B" THE GREAT WESTERN RAILWAYCOM PA N Y Love la Golo CROSS — SECTION STANDARD r'ado STANDARD H/GHWA Y GRADE CROSSING Sca/e: z /' Ju/9 23 7953 Dnz ty JDB Traced oy GAB Approved H/Ci E 'NM PAVING TO SUIT n . C,OnD Inons TIMBER TIMBER. UU PLAN OF CRo55ING NOTE :- FLANGE-WAY TIMBERS To BE LAG-SCREWED TO TRAcC TES . SURFACING To MEET ROAD SUR FACE 1 HIGH WAY REQUIREMENTS„ �J - -- - - - t; i Vex&x 8= d CLEAN BALLAST 6" UNDER TIE k' ^ EXHIBIT "C" THE GREAT WESTERN RAILWAYCOMPANY Love lan CROSS — SECTION Colorado STANDARD HIGHWAY • GRADE CROSSING Sca/e: z / ' Jli/y 23, /9S.J Drawn By JBB Traced Os GAB Approved( H/EF E "ink EXHIBIT "D" BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO In the Matter of the Application ) of The Great Western Railway Com- pany, a Colorado corporation, for an order authorizing the removal WAIVER OF NOTICE of railroad bridge No. 6 located AND CONSENT over and across Weld County Road No. 91 near Mead, Colorado, and the construction thereat of a railroad grade crossing. To The Public Utilities Commission of the State of Colorado: The Union Rural Electric Association, Inc . , (hereinafter called "Electric Association" ) , has been advised of an applica- tion to be submitted to The Public Utilities Commission of the State of Colorado by The Great Western Railway Company, (here- inafter called "Railway Company" ) , seeking authority to remove railroad bridge No. 6, located over and across Weld County Road No. 91 near Mead, Colorado, and to replace said railroad bridge with a railroad grade crossing. Said Electric Association has an interest in said applica- tion by virtue of electric lines which are located over and across the Railway Company' s right of way at said railroad bridge No. 6. Said Electric Association is willing that said railroad bridge No. 6 be replaced by a railroad grade crossing with reflectorized crossbucks at said location and hereby waives notice of the time and place of any and all hearings upon said application and consents that said Commission may grant said application ex parte without a hearing; provided, how- ever, that the Electric Association' s right to cross said Railway Company' s right of way at the aforesaid location shall not be impaired or waived by this instrument. Dated: August 4 , 1958. UNION RURAL ELECTRIC ASSOCIATION, INC. test: ,�� President J / Secretary (Seal) :HIBIT "D" BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO In the Matter of the Application of The Great Western Railway Com- pany, a Colorado corporation, for an order authorizing the removal WAIVER OF NOTICE of railroad bridge No. 6 located AND CONSENT over and across Weld County Road No. 91 near Mead, Colorado, and the construction thereat of a railroad grade crossing. To The Public Utilities Commission of the State of Colorado: The Mountain States Telephone and Telegraph Company, (hereinafter called "Telephone Company" ) , has been advised of an application to be submitted to The Public Utilities Commission of the State of Colorado by The Great Western Railway Company, (hereinafter called "Railway Company" ) , seeking authority to remove railroad bridge No. 6, located over and across Weld County Road No. 91 near Mead, Colorado, and to replace said railroad bridge with a railroad grade crossing. Said Telephone Company has an interest in said applica- tion by virtue of telephone lines which are located under and across the Railway Company' s right of way at said railroad bridge No. 6. Said Telephone Company is willing that said railroad bridge No. 6 be replaced by a railroad grade crossing with reflectorized crossbucks at said location and hereby waives notice of the time and place of any and all hearings upon said application and consents that said Commission may grant said application ex parte without a hearing; provided, how- ever, that the Telephone Company' s right to cross said Rail- way Company's right of way at the aforesaid location shall not be impaired or waived by this instrument . Dated: - 71 v / , 1958. THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY Attest: By r7 itEN. PLANT PRACTICES&SUPPUE,SUP/. A&M€TAN ge el-etary (Seal) APPROVKD -41 1. AB TO FeMellr AKOLT, TURrfgUpBT,IPSIKPHSRP 9.4► ..� "a A DICK Y1N8114 4NS L • EXHIBIT "D" BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO In the Matter of the Application of The Great Western Railway Com- pany, a Colorado corporation, for an order authorizing the removal WAIVER OF NOTICE of railroad bridge No . 6 located AND CONSENT over and across Weld County Road No. 91 near Mead, Colorado, and the construction thereat of a railroad grade crossing. To The Public Utilities Commission of the State of Colorado: The undersigned has been advised of an application to be submitted to The Public Utilities Commission of the State of Colorado by The Great Western Railway Company seeking authority to remove railroad bridge No. 6, located over and across Weld County Road No. 91 near Mead, Colorado, and to replace said railroad bridge with a railroad grade crossing. The undersigned is willing that said railroad bridge No. 6 be removed and that a railroad grade crossing with reflectorized crossbucks be installed at said location. The undersigned has legal title to the following real estate adjacent to said railroad bridge No. 6: The NE 1/4 of Sec . 11, Twp. 3 N. , R. 68 W. of the 6th P. M. , except R. 0. W. of The Great Western Railway Company . The undersigned hereby waives notice of the time and place of any and all hearings upon said application and con- sents that said Commission may grant said application ex parte without a hearing. Dated: 7- .2 1 , 1958. ` Witness: Geor6 W. Owen 4.72c4"A-7 ' O � " ' '� ''?�� Doris W. Owen EXHIBIT "D" BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO In the Matter of the Application of The Great Western Railway Com- pany, a Colorado corporation, for an order authorizing the removal WAIVER OF NOTICE of railroad bridge No. 6 located AND UUNSENT over and across Weld County Road No. 91 near Mead, Colorado, and the construction thereat of a railroad grade crossing. To The Public Utilities Commission of the State of Colorado: The undersigned has been advised of an application to be submitted to The Public Utilities Commission of the State of Colorado by The Great Western Railway Company seeking authority to remove railroad bridge No. 6, located over and across Weld County Road No. 91 near Mead, Colorado, and to replace said railroad bridge with a railroad grade crossing. The undersigned is willing that said railroad bridge No . 6 be removed and that a railroad grade crossing with reflectorized crossbucks be installed at said location. The undersigned has legal title to the following real estate adjacent to said railroad bridge No. 6: The SW 1/4 of Sec . 1, Twp. 3 N. , R. 68 W. of the 6th P. M. and that part of the SE 1/4 of Sec . 2, Twp . 3 N. , R. 68 W. of the 6th P. M. lying easterly of the R. 0. W. of The Great Western Railway Company . The undersigned hereby waives notice of the time and place of any and all hearings upon said application and con- sents that said Commission may grant said application ex parte without a hearing. Dated: 7 ,J , 1958. 8e,--d-i-ez-e _Psi/ Witness: Roscoe/Graham rVzi C>7/ /�� (/ Vii,ti��/ __AZ) Clara M. Graham EXHIBIT "D" BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO In the Matter of the Application of The Great Western Railway Com- pany, a Colorado corporation, for an order authorizing the removal WAIVER OF NOTICE of railroad bridge No . 6 located AND CONSENT over and across Weld County Road No. 91 near Mead, Colorado, and the construction thereat of a railroad grade crossing. To The Public Utilities Commission of the State of Colorado: The undersigned has been advised of an application to be submitted to The Public Utilities Commission of the State of Colorado by The Great Western Railway Company seeking authority to remove railroad bridge No . 6, located over and across Weld County Road No. 91 near Mead, Colorado, and to replace said railroad bridge with a railroad grade crossing. The undersigned is willing that said railroad bridge No . 6 be removed and that a railroad grade crossing with reflectorized crossbucks be installed at said location. The undersigned has legal title to the following real estate adjacent to said railroad bridge No. 6: The SE 1/4 of Sec . 2, Twp. 3 N. , R. 68 W. of the 6th P. M. , except that part lying east of the R. 0. W. of The Great Western Railway Company . The undersigned hereby waives notice of the time and place of any and all hearings upon said application and con- sents that said Commission may grant said application ex parte without a hearing. Dated: —Z,;/ , 1958. P7‘), 6t/''1,77 Katharine Charlton Hamm Witness: / ,7 f /' 74(..0 c -),/ ` l . EXHIBIT "D" BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO In the Matter of the Application of The Great Western Railway Com- pany, a Colorado corporation, for an order authorizing the removal WAIVER OF NOTICE of railroad bridge No . 6 located AND CONSENT over and across Weld County Road No. 91 near Mead, Colorado, and the construction thereat of a railroad grade crossing. To The Public Utilities Commission of the State of Colorado: The undersigned has been advised of an application to be submitted to The Public Utilities Commission of the State of Colorado by The Great Western Railway Company seeking authority to remove railroad bridge No. 6, located over and across Weld County Road No . 91 near Mead, Colorado, and to replace said railroad bridge with a railroad grade crossing. The undersigned is willing that said railroad bridge No. 6 be removed and that a railroad grade crossing with reflectorized crossbucks be installed at said location. The undersigned has legal title to the following real estate adjacent to said railroad bridge No. 6: The NW 1/4 of Sec . 12, Twp . 3 N. , R. 68 W. of the 6th P. M. The undersigned hereby waives notice of the time and place of any and all hearings upon said application and con- sents that said Commission may grant said application ex parte without a hearing. Dated: 7- J , 1958. Glenn C . Anderson Witness: (l�rr ., el-Q- -4 Robert L. Anderson ,� File . .loo AGREEMENT MADE JULY 14, 1958, BETWEEN THE GREAT WESTERN RAILWAY CO. AND THE COUNTY OF WELD, COLO.: BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO In the Matter of the Application of The Great Western Railway Company, a Colorado corporation, for an order authorizing the removal of railroad bridge No. 6 APPLICATION NO. located over and across Weld County Road No. 91 near Mead, Colorado, and the construction thereat of a railroad grade crossing. Applicant, The Great Western Railway Company, respectfully shows : 1 . Applicant is a Colorado corporation 'authorized to do business within said state, with general offices at 500 Sugar Building, Denver, Colorado. 2. Applicant owns and operates a shortline railroad having approximately 63 miles of main and branch line track constructed through an agricultural area in northern Colorado adjacent to which are located certain beet sugar factories and other industries . No regular passenger trains are operated by Applicant and the freight train operations of Applicant consist principally of short hauls and switching at the various beet receiving stations and industrial sites which are located from one to five miles apart . Freight traffic consists of all commodities but chiefly of sugar beets transported to sugar factories served by the Applicant and of beet sugar, beet sugar by-products and molasses manufactured at such factories . 3 , Applicant owns and maintains a railroad bridge numbered 6 at I .C .C . Survey Station 564 plus 14 .7 of Valuation Section No. 1, which said bridge for convenience is hereinafter called "rail- road bridge ." Said railroad bridge crosses Weld County Road No. 91 which runs east and west between Sections 11 and 2, Twp. 3 N. , R. 68 W. of the 6th P.M. , Weld County, Colorado, which said road for convenience is hereinafter called "county road." 4. Applicant, in its own behalf, and at the request of the Board of County Commissioners of the County of Weld, Colorado, and persons owning lands adjacent to said railroad bridge, desires to remove said railroad bridge and to replace same with a railroad grade crossing. 5. The location of the grade crossing, structures, property lines and roads in the vicinity of the proposed grade crossing, profiles showing ground lines and proposed grade lines of approaches on said county road, together with a plan view of said improvements when completed, are shown on Exhibit "A" , attached hereto and made a part hereof. 6. Two daily daytime trains averaging 8 cars in length pass over said railroad bridge during nine months of the year. During the months of October, November and December, when the movement of sugar beets occurs , 2 to 4 trains averaging 36 cars in length move over said railroad bridge during the day and night. The average speed of all trains that pass over said railroad bridge will seldom exceed 25 miles per hour. 7. Applicant has been informed by the Colorado Highway De- partment that it estimates approximately 50 motor vehicles per day pass under said railroad bridge at the aforesaid location. 8. The County of Weld, Colorado, has executed an agreement with Applicant in connection with the construction of said grade crossing, all as set forth in Exhibit "B" , attached hereto and made a part hereof. 9. The elimination of said railroad bridge and its replace- ment by a grade crossing is necessary and proper for the service, accommodation and convenience of the public for the following reasons : (a) Said railroad bridge crosses said county road at an oblique angle, thereby creating a dangerous condition in said county road where it passes under said railroad bridge and greatly reduces the visibility of motorists approaching the bridge from either side. (b) The grade as it presently exists on said county road is a traffic hazard. The over- all improvement program contemplated by the removal of said railroad bridge, the cons- truction of said railroad grade crossing and the grading of said county road would provide a more uniform grade at the afore- said location, all as shown on the profile map Exhibit "A" . (c ) The 11 feet 8 inch overhead and 14 feet side clearances on said railroad bridge will not permit combines and other large pieces of farm machinery to pass there- under, thereby requiring farmers in the area to make lengthy detours , delaying farm operations in an important farming area and creating a hazard to railroad operations resulting from damage to said bridge by farm machinery and other large vehicles passing or attempting to pass thereunder. (d) The proposed improvement program would be superior in every respect to the re- placement of said bridge in kind. 10. In view of the small amount of train and motor vehicle traffic passing at said railroad crossing each day, Applicant can- not justify the expenditure of approximately $42,770 to replace said railroad bridge with a steel structure of a type which would eliminate the hazard created by the oblique angle of the county road and said railroad bridge . 11. Ample visibility of trains traveling in either direction will be afforded motor vehicles using said county road as shown on Exhibit "A" . 12. The contemplated grade crossing to be constructed and maintained by Applicant is the standard county highway crossing for single track shown on the drawing marked Exhibit "C" , attached hereto and made a part hereof. 13. The proposed grade crossing is not located within the limits of any incorporated city or town within the State of Colorado, and does not cross any Colorado state highway . 14. Applicant proposes to install two highway crossing devices of 50° reflector type adjacent to said grade crossing, which cross- ing devices have been recommended by the Association of American 'Railroads in its Bulletin No. 3 . The County of Weld proposes to 3 install advance warning and bus stop signs as may be required at said grade crossing. 15. It is estimated the total expense incident to the removal of said railroad bridge and construction of said grade crossing will amount to $10,692. Applicant ' s share of said expenses will approximate $6,486, all of which will be provided from its existing funds . The share of the County of Weld, Colorado, is estimated to be $4,206, all of which will be provided from county road funds . 16. The names of the public utilities and adjacent property owners affected by this application are : Name Interest The Mountain States Telephone Telephone lines crossing under and Telegraph Company railroad bridge. Union Rural Electric Associa- Electrical lines crossing over tion, Inc . railroad bridge . George W. Owen and Legal title to that portion of Doris W. Owen the NE* of Sec . 11, Twp. 3 N. , R. 68 W. of the 6th P.M. , ex- cept R.O.W. of The Great Western Railway Company . Roscoe Graham and Legal title to that portion of Clara M. Graham the SW* of Sec . 1, Twp, 3 N. , R. 68 W. of the 6th P.M. and that part of the SE* of Sec . 2, Twp . 3 N. , R. 68 W. of the 6th P.M. lying easterly of the R.O.W. of The Great Western Railway Company . Katharine Charlton Hamm Legal title to that portion of the SE* of Sec . 2, Twp. 3 N. , R. 68 W. of the 6th P.M. , ex- cept that part lying east of the R.O.W. of The Great Western Railway Company . Glenn C . Anderson and Legal title to that portion of Robert Lc Anderson the NW* of Sec . 12, Twp. 3 N. , R. 68 W. of the 6th P.M. 17 . All of the above-mentioned parties in interest are willing that said railroad bridge be removed and said grade crossing be constructed at the aforesaid location. Waivers of notice and consents executed by said parties in interest are attached hereto as Exhibit "D" . 4 WHEREFORE, Applicant prays for an Order of The Public Utili- ties Commission of the State of Colorado, under authority vested in it by Section 115-4-6, C.R.S . , 1953, authorizing Applicant and the County of Weld to remove said railroad bridge and to construct said railroad grade crossing at the aforesaid location. Dated at Denver, Colorado, this b & day of August 1958. THE GREAT WESTERN RAILWAY COMPANY Pr siden Attest : Secreta 5 Hello