HomeMy WebLinkAbout580144.tiff AUTHORIZING CHAIRMAN TO SIGN AGREEMENT WITH THE GREAT WESTERN RAILWAY COMPANY
REGARDING IMPROVEMENT AND CONVERSION ON A PORTION CF COUNTY ROAD #91 RUNNING
EAST AND WEST BETWEEN SECTIONS 11 AND 2, TOWNSHIP 3 NORTH, RANGE 68 WEST , OF
THE 6th PM, WELD COUNTY, COLORADO:
BE IT RESOLVED, that the Chairman of the Board of County Commissioners
of Weld County, Colorado, be and he is hereby authorized to sign Agzement with
the Great Western Railway Company regarding that portion of county road #91
running east and west between Sections 11 and 2, Township 3 North, Range 68 West,
of the 6th P.M., Weld County, Colorado, to be improved and that railroad bridge
located over said county road to be converted into a railroad grade crossing,
copy of which Agreement and Plat hereto attached and made a art of this resolution.
AYES: IfeLY
'"THE :BOARD/OPCOONTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: JULY 14, 1958.
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FILE k
AUTHORIZING CHAIRMAN TO SIGN
AGREEMENT WITH THE GREAT
WESTERN RAILWAY COMPANY RE-
GARDING IMPROVEMENT AND CON-
VERSION ON A PORTION OF COUNTY
ROAD #91 RUNNING EAST AND WEST
BETWEEN SECTIONS 11 AND 2,
TOWNSHIP 3 NORTH, RANGE 68 WEST ,
)0F THE 6th P.M. , WELD COUNTY,
COLORADO:
Road District #2
AP-^9VED the 14th day of
A. D. ."9 58
�:.ra:::;a.(1ua:s.
EXHIBIT "B" /O.•�•�::
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
' est: Bant:gede Fre en
Se etary'
(SEAL)
THE BOARD COUNTY COMMISSIONERS
OF ELD Y, COLORADO
Attest: _14a- eo: 'L,
By
By
Y
`� °r�CoUYw Clerk' Chairman
(SEAL)
- 3 -
29/299 280
FILE RB-11i:.2 NO.
AGREEMENT BETWEEN GREAT
WESTERN RAILWAY COMPANY
AND WELD COUNTY RE:
REMOVAL OF RAILROAD BRIDGE
AND CONSTRUCTION OF RAILROAD
CROSSING ON COUNTY ROAD #91
RUNNING EAST AND WEST BETWEEN
SECTIONS 11 AND 2, TWP 3 N.,
R 68 W, dated 7/14/58
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