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Home My WebLink About650193.tiffSIGN AGREEMENT WITH THE UNION PACIFIC RAILROAD COMPANY, C. D. NO. 48559: WHEREAS, the Union Pacific Railroad Company has submitted an agreement covering permission to borrow earth from right-of-way of the Railroad Company at LaSalle, Colorado, and WHEREAS, District No. Three 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: DATED: MAY 19, 1965 APPROVED: - dgc_. County Attorney MB 33: THE BOARD F OUNTY COMMISSIONERS WELD COUN Y, COLORADO LHR 650193 DUPLICATE ORIGINAL CofW Counterpart ' ermi ss ion to Borrow from ailroad Right of Way at .aSalle. Colorado. C.D. No. 4$559 THIS AGREEMENT, made and entered into this 27th dayi of April, 1965, by and between UNION PACIFIC RAILROAD COMPANY; a corporation of the State of Utah (hereinafter called "Rail- road Companyy " ), party of the first part, and COUNTY OF WELD, I STATE OF COLORADO (hereinafter called "County") , party of the second part, WITNESSETH: eECIT'ALS: The County desires the privilege of borrow- ing approximately ;.,700 cubic yards of earth from that portion of the Railroad Company's right of way at LaSalle, Weld County, Colorado, shown out- lined by yellow lines on the print hereto attached dated March 26, 1965, marked "Exhibit A" and hereby made a part hereof, the portion of the right of way so outlined being hereinafter for convenience re- ferred to au the "licensed premises." ACREE24ENT: NOW THEREFORE, it is mutually agreed by and between ;the parties hereto as follows: Section 1. RAILROAD COMPANY GRANTS RIGHT. In consideration of the covenants and agreements herein contained to be by the County Kept, observed and per- formed, the Railroad Company hereby grants to the County, subject to the terms and conditions hereinafter stated, the right, during the term hereof, to enter upon the licensed premises for the purpose and purpose only of removing approxi-I mately 6,700 cubic yards of earth therefrom. The foregoing grant is subject to all outstanding superior rights (including those in favor of telegraph and telephone companies, lessees of said right of way, and others) and the right of the Railroad Company to renew and extend the' same; and it is understood that nothing herein contained shall be construed as a covenant to put the County into pos- session or to protect the County in the peaceable possession of the licensed premises. 1 Section 2. WORK TO BE 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 County under the supervision of the Railroad Company's Chief Engineer or his authorised representative and to the satisfaction of the Rai1t road Company, Section 3. i30itaOw PITS. The areas excavated as borrow pits by the County hereunder shall be left with bottom and side slopes as smooth and even as practicable, and no depressions shall be left where stagnant pools may form and in no event shall materials be excavated from the licensed premises below elevations shown on Exhibit A or otherwise approved by the Railroad Com-, pany. Section 4. RESTORATION OF RAILROAD COMPANY'S PROPERTY. In the event the County shall move or disturb any property of the Railroad Company in connection with the exca- vation and removal of earth from the licensed premises, then and in that event the County shall, at its own expense, re- store such property to a condition comparable to that exist- ing at the time of the moving or disturbing of such property,; and the County shall indemnify and save harmless the Railroad Company from and against any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever nature, in- icluding court costs and attorney's fees, which may result from injury to or death of persons whomsoever or damage to or ! loss or destruction of property whatsoever, when such injury, death, damage, loss or destruction grows out of or arises from the moving or disturbance by the County or its contrac- tors of any property of the Railroad Company. Section 5. LIABILITY. The County shall indemnify and hold harmless the Railroad Company from and against any all loss, damages, claims, demands, actions, causes of action, costs and expensel of whatsoever nature, which may result from injury to or death of persons whomsoever or from loss of or damage to prop+ arty whatsoever, when such injury, death, loss or damage is i due to or results from the operation of excavating and remov- ing earth from the licensed premises aforesaid or from any other work to be done by the County as in this agreement provided. Section a. LIENS. The County shall pay in full all persons who per- form work upon said right of way of the Railroad Company and 2 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 County; and the County agrees to indemnify and hold harmless the Railroad Company from and against 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 the borrow operations contemplated hereunder shall be completed within ninety (90) calendar days from the date hereof. Section $. AGRE .!ENT NUT TO BE ASSIGNED. The County shall not assign this agreement, or any interest therein, without the written consent of the Railroad Company. Section 9. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 8 agreement shall be binding upon and inure to the the parties hereto, their successors and assigns IN WITNESS WHEREOF, the parties hereto this agreement to be executed in duplicate as of first herein written. Witness: hereof, this benefit of have caused the date UNION PACIFIC RAILROAD COMPANY, President Witness: COUNTY OF WELD, STATE OF COLOR Attest: 7l.ic1 C. •'' Coil 1.ce--i)zt.k. Seal) ty Clerk By Cha irman , rofTCou ty Commissioners yy 3 WHEREAS, the UNION PACIFIC RAILROAD COMPANY has tendered to the COUNTY OF WELD, STATE OF COLORADO, an agree- ment covering permission to borrow earth from right of way of the Railroad Company at LaSalle, Colorado; said agreement being identified as Railroad Company's C.D. No. 4559; and WHEREAS, the Board of County Commissioners of County of Weld, State of Colorado, hr.s said proposed agree- menf before it and has given it careful review and consider- ation; and WITEREAS, it is considered that the best interests of said County of Weld State of Colorado will be sul%s �rved by the accepta e of sa f u a ;reet�,ant; TrirF20F,E, BE IT RESOLVED WE THE BOARD OF COUNTY COIL ISS 01:!- PS 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 CouptKy of geld. State of Colorado; That the Chairman of the Board of County Commission- ers of said County herby 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 eao.h duplicate original of said agreement a certified copy of this resolution. STATE OF COUNTY OF GQ WRADO WELD ss I, Ann SygmeLr , County Clerk of the County of {field, State aT i Colorado , hereby certify that is the above and foregoing a true, full and correct copy of a resolution adopted by the Board of County Commissioners of the County of wsld, State QS Colorado , at a meeting held according to law at grkeley, Colorado ,, on the 19th day of May 196$ , 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 wood state ©f leedp this 19th day of g ' (SEAL) Cr- ( C -2? -1 cJLt -t. L County Clerk of tY(e County of Weld, State of Colorado. Cnty \ co nw•L t .t.ui��))0 V t Y c Fs) [\ ' A TA t. • d' © \ \ - } Div �v c' A y 2,51- . OFF TOP 4FT OFF rpP 300 v r g5 C. J111 EXHIBIT "A" U. P.R.R. CO. LaSalle, Colorado Weld County Agreement with weld County covering the removal of fill dirt. Scale: 1" - 100) Office of Division Engineer Cheyenne, Wyo. March 26, 1965 *LEGEND* Licensed area outlined .......... Yellow R.R. Co. R/W.... ...... ............. Red W., )t t Hello