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BORROW AGREEMENT WITH
UNION PACIFIC RAILROAD COMPANY
WILDCAT AREA C D NO. 48559-2:
WHEREAS, the Union Pacific Railroad Company has tendered to the County
of Weld, State of Colorado, an agreement granting to the County the right to excavate
and remove approximately 40,000 cubic yards of earth from the right of way of the
Railroad Company's Dent Branch, near Wildcat, Colorado, said agreement being identified
as Union Pacific Railroad Company's C. D. Number 48559-2, and
WHEREAS, the Board of County Commissioners of Weld County, 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 will be
subserved by the 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 shall and he is hereby authorized
and directed to sign said agreement -On behalf of Weld County, Colorado
The above and foregoing resolution was, on motion duly made and seconded,
adopted by the following vote:
DATED: DECEMBER 6, 1967
tHE BOARD OF COUNTY COMMISSIONERS
RS
WELD COUNTY, COLORADO
670198
ermission to Borrow Earth
rom Railroad Right of Way
ear Wildcat, Colorado.
DUPLICATE ORIGINAL
County's Copy
C. D. No. 48559-2
THIS AGREEMENT., made and entered into this 20th day
.f November,.1967, by and between UNION PACIFIC RAILROAD COMPANY
corporation of the State of Utah (hereinafter called "Rail-
oad Company"), party of the first part, and COUNTY OF WELD,
State of Colorado
(hereinafter called "Licensee"), party of the second part,
ITNESSETH:
ECITALS:
The Licensee desires the privilege of exca-'
vating and removing approximately .40,000 cubic
yards of earth from the right of way of the Rail-
road Company's Bent Branch. nearWildcat, Weld
County , Colorado,
in the locations shown outlined by orange lines
on the print hereto attached dated October 31,
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 40,000 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.,
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
the 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
ottom and side slopes as smooth and even as possible, and no
epressions shall be left where stagnant pools may form, and
n no event shall materials be excavated on said licensed
remises below elevations or grades approved by the Railroad
ompany.
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 against and from 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 against and from 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.
Ch."
Section 6. LIENS.
The Licensee shall pay in full all persons who per-
form work upon said right of way of the Railroad Company and
shall not permit or suffer any liens of any kind or nature to
be enforced against said right of way for any work done there-
on at the instance or request or on behalf of the Licensee;
and the Licensee agrees to indemnify and hold harmless the
Railroad Company against and from any and all liens, claims,
demands, costs and expenses of whatsoever nature in any way
connected with or growing out of such work done or labor per-
formed.
Section 7. EFFECTIVE DATE - TERM.
This agreement shall take effect as of the date
first herein written, and shall continue in full force and
effect until the quantities of borrow specified in Section 1
hereof shall have been obtained from the licensed premises;
PROVIDED, however, that in no event shall this contract ex-
tend for a period longer than six (6) months from the date
hereof.
Section 8. AGREEMENT NOT TO BE ASSIGNED.
The Licensee shall not sublet or assign this agree-
ment, or any interest therein, without the written consent of
the Railroad Company, and for any departure in this respect
the Railroad Company may terminate this agreement forthwith.
Section 9. SUCCESSORS AND ASSIGNS.
Subject to the provisions of Section 8 hereof, this
agreement shall be binding upon and inure • to the benefit of
the parties hereto, their successors and assigns.
IN WITNESS WHEREOF,
this agreement to be executed
first herein written.
Witness:
Witness:
Attest: Z/
the parties hereto have caused
in duplicate as of the date
UNION PACIFIC RAILROAD COMPANY,
By ✓ s . ' ice `re : • ent
COUNTY OF VELD, State of
Colon s .1
By
ZY2z / � �' (Seal)
ountq Clerk
rman, r . ^ .. oaa
Commissioners.'
r
RESOLUTION
WIN AS, UNION PACIFIC RAILROAD COMPANY has tendered
to COUNTY OF WELD, State of Colorado, an agreement granting to,
the County the right to excavate and remove approximately 40,000
cubic yards of earth.from the right of may of the Railroad Come
panyes Dent Drench, near Wildcat, Colorado; said agreement being
identified as Union Pacific Railroad Company's CJ•ao. 48559.2$
$fd
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 Meld. SSdCLI,
will be subserved by the acceptance of said agreement;
THEREFORE, BE IT RESOLVED BY THE BOARD OP 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-
lers 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 atite-
lofssaidsaid
agreementagreement
a certified_attach
copy of thiseach
resolution.original
STATE OF COLORADO
COUNTY OF
1C my of weld State of Colorado
WELD
ss
I , County Clerk of the
ou , 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 Colorado , at a meeting
held according to law at Greeley, Colorado , on
the (off day of ems.r,.
bey ; 19, 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 We1A, Stets of Colorado
, this ha day of som ha y , 191a.
(SEAL)
l/ n44//ijIt ¢z
County Clerk o.£ the County of
"dd. State of Colorado.
Cnty
EXHIBIT "A"
U.P.R.R.00.
Near Wildcat, Colorado
M.P. 38.57-M.P. 39.00 Dent Branch
Weld Cnunty
To accompany agreement with
Weld Cnunty for removal of borrow.
Scales 1" - 4001
ofrice of Division Engineer
Cheyenne omin-*LE0E�yOctober 31, 1967
Borrow Area Shown -Orange
R.F. Co. R/W Red
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