HomeMy WebLinkAbout670191.tiffSIGN AGREEMENT WITH THE UNION PACIFIC
RAILROAD COMPANY, C. D. NO. 48559-1
APPROXIMATELY 50,000 CUBIC YARDS OF EARTH
TERMINATION DATE: APRIL 10, 1969
WHEREAS, the Union Pacific Railroad Company has submitted an agreement
covering permission to borrow earth from right-of-way of the Railroad Company at
Dent Branch, near Harney, Weld County, Colorado, and
WHEREAS, District No. Two Road Department interests will be subserved
by acceptance of said agreement.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of
Weld County, Colorado, that the Chairman of the Board be and he is hereby authorized
and directed to sign said agreement on behalf of said County.
The above and foregoing resolution was, on motion duly made and seconded,
adopted by the following vote:
AYES: / � Y!s✓z/Y l 2/C2 -c—
HE BOARD OFCOUNTY COMMISSIONERS
DATED: MAY 3, 1967 WELD COUNTY, COLORADO
MB 34 9.5-
670191
ermission to Borrow Earth
rom Railroad Right of Way
ear Herne Colorado.
DUPLICATE ORIGINAL
County's Copy
C. D. No. 48559-1
THIS AGREEMENT, made and entered into this 10th day
.f April , 1967, by and between UNION PACIFIC RAILROAD COMPANY
adcorporation
ny" of theState
fUtah first (art, andter COUcNTtled "Rail -
OF WELD,
oad Company"), party p '
State of Colorado
(hereinafter called "Licensee"), party of the second part,
ITNESSETH:
ECITALS:
The Licensee desires the privilege of exca-
vating and removing approximately 50,000 cubic
yards of earth from the right of way of the Rail-
road Company's Dent Branch, near Harney, Weld
County, , Colorado,
in the locations shown outlined by orange lines
on the print hereto attached dated March 21.
1967, marked "Exhibit A," and hereby made a part
hereof, the premises so outlined by orange lines
being hereinafter for convenience referred to as -
the "licensed premises."
To set out the understanding of the parties
hereto with respect to the aforesaid subject matter
this agreement is made.
GREEMENT:
NOW THEREFORE, it is mutually agreed by and between
he parties hereto as follows:
ection 1. RAILROAD COMPANY GRANTS RIGHT.
In consideration of the covenants and agreements
erein contained to be by the Licensee kept, observed and
erformed, the Railroad Company hereby grants to the Licen-
ee, subject to the terms and conditions hereinafter stated,
he right, during the term hereof, to enter upon the licensed
remises for the purpose of excavating and removing therefrom
pproximately 50.000 cubic yards of earth.
The foregoing grant is subject to all outstanding
uperior rights (including those in favor of telegraph and
elephone companies, leases to abutting property owners, and
thers) and the right of the Railroad Company to renew and
xtend the same; and it is understood that nothing herein
ontained shall be construed as a covenant to put the Licen-
ee into possession or to protect the Licensee in the peace-
ble possession of the licensed premises.
1
Section 2. WORK TO BE DONE UNDER SUPERVISION OF ENGINEER.
All work in connection with the excavation and re-
moval of earth from the licensed premises as herein provided
shall be done by and at the expense of the Licensee under the
supervision of the Railroad Company's Chief Engineer or his
authorized representative and, to the satisfaction of the Rail-
road Company.
In the event any flagging or adjustment to Railroad
Company's communication lines shall be necessary, the same
shall be performed by the Railroad Company at the expense of
lithe Licensee, and the Licensee shall reimburse the Railroad
Company for the amount of all such expense promptly upon ren-
dition of bill therefor.
Section 3. BORROW PITS.
All areas excavated as borrow pits by the Licensee
within the limits of the licensed premises shall be left with
bottom and side slopes as smooth and even as possible, and no
depressions shall be left where stagnant pools may form, and
in no event shall materials be excavated on said licensed
premises below elevations or grades approved by the Railroad
company.
ection 4. RESTORATION OF RAILROAD COMPANY'S PROPERTY.
In the event the Licensee shall take down any fences
f the Railroad Company or in any manner move or disturb other
roperty of the Railroad Company in connection with the exca-
ation and removal of earth from the licensed premises, then
nd in that event the Licensee shall, as soon as possible and
t the Licensee's sole expense, restore such fence and such
ther property to the same condition as it was in before such
ence was taken down or such other property was moved or
isturbed, and the Licensee shall indemnify and save harmless
he Railroad. Company from and against any and all liability,
loss, damages, claims, demands, costs and expenses of whatso-
ever nature, including court costs and attorneys' fees, which
ay result from injury to or death of persons whomsoever, or
amage to or loss or destruction of property whatsoever, when
such injury, death, damage, loss or destruction grows out of
✓ arises from the taking down of any fence or the moving or
isturbance of any other property of the Railroad Company.
ection 5. LIABILITY.
The Licensee shall indemnify and hold harmless the
ailroad Company from and against any and all loss, damages,
claims, demands, actions, causes of action, costs and expenses
f whatsoever nature, which may result from injury to or death
f persons whomsoever or from loss of or damage to property
hatsoever, when such injury, death, loss or damage is due to
✓ results from the operation of excavating and removing earth
rom the licensed premises aforesaid or from any other work
o be done by the Licensee as in this agreement provided.
2
.ection 6. LIENS.
The Licensee shall pay in full all persons who per-
orm work upon said right of way of the Railroad Company and
shall not permit or suffer any liens of any kind or nature to
.e enforced against said right of way for any work done there -
.n at the instance or request or on behalf of the Licensee;
:nd the Licensee agrees to indemnify and hold harmless the
ailroad Company from and against any and all liens, claims,
.emands, costs and expenses of whatsoever nature in any way
connected with or growing out of such work done or labor per-
ormed.
Section 7. EFFECTIVE DATE - TERM.
This agreement shall take effect as of the date
irst herein written, and shall continue in full force and
effect until the quantities of borrow specified in Section 1
ereof shall have been obtained from the licensed premises;
ROVIDED, however, that in no event shall this contract ex -
end for a period longer than two (2) years from the date
ereof.
ection $. AGREEMENT NOT TO BE ASSIGNED.
The Licensee shall not sublet or assign this agree-
ent, or any interest therein, without the written consent of
he Railroad Company, and for any departure in this respect
he Railroad Company may terminate this agreement forthwith.
ection 9. SUCCESSORS AND ASSIGNS.
Subject to the provisions of Section $ hereof, this
greement shall be binding upon and inure to the benefit of
he parties hereto, their successors and assigns.
IN WITNESS WHEREOF,
his agreement to be executed
irst herein written.
itness:
itness:
0
ttest:
the parties hereto have caused
in duplicate as of the date
UNION PACIFIC RAILROAD COMPANY,
By p7T
Vice President
COUNTY OF WELD, State of
Colo ado,
Byti
i/d/ (Seal)
ounty Clerk
man) ar• o ounty
Commissioners.
3
RESOLUTION
WIRRIAS, UNION PACIFIC RAILROAD COMPANY has tendered
to COUNTY OF WILD, State of Colorado, an agreement gran to
the County the right to essarate and remove approximately ,OQO
cubic yards of earth tnt the right of may of the Railroad Come.
pany's Dent Branch, neat Harney, Colorado; said t being
identified as Union Pacific Railroad lCompany's C. .No. 48559-1;
and
WHEREAS, the Board of County Commissioners of
County of Weld, State of Colorado, has said proposed agree-
ment before it and has given it careful review and consider-
ation; 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
COIT �ISSIONERS OF COUNTY OF WELD, STAIR 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 — WJTA ---)
I ANN SPOMER , County Clerk of the
County of Weld. State of Colorado , hereby certify that
the above and foregoing is a true, full and correct copy of
a resolution adopted by the Board of County Commissioners of
the County of Weld, State of Colando , at a meeting
held according to law at _ Greeley, Colorado on
the 3rd day of May 19 67, 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 of the County of W.2Ad Jtatr ®f Ce+'1drt�
this 3rd day of May 19 6Z'
r
(SEAL)
Cnty
County Clei4'c of the County of
Weld, State of Colorado.
/� Deputy County Clerk
M A Y
3 , 1967
Permission to Borrow Earth from
railroad r/w near - Harney, colorado U. D. No. 48559-1 Duplicate and
original mailed to
G. W. "BILL" MCDONALD
SISTANT ENGINEER
UN PACIFIC RAILROAD
3620 WAZEE ST.
TEL. 534-4141 EXT. 314
DENVER 80216
UPRR Co for the completion
of signatures
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