HomeMy WebLinkAbout710401.tiff AGREEMENT WITH THE UNION PACIFIC
RAILROAD; C. D. #48559-2-D;
NEAR WILDCAT, COLORADO:
WHEREAS, the Union Pacific Railroad Company has tendered to Weld
County, Colorado, an agreement renewing for a period of one year commencing
November 20, 1970, the term of contract dated November 20, 1967, 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.No. 48559-2-D; 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
of Weld, State of Colorado, 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 terms of the agreement submitted by the
Union Pacific Railroad Company as aforesaid be and the same hereby are accepted
in behalf of the County; and
BE IT FURTHER RESOLVED, that the Chairman of the Board hereby is
authorized, empowered and directed to execute said agreement, a copy of which
is hereby attached and made a part of this resolution.
The above and foregoing resolution was, on motion duly made and
seconded, adopted by the following vote on roll call:
AYES fpr:1i�7/7y(4'r --z.--
//fk «I( / , ,..ACdiu/J
)iel (:( .It 4 (U(
ii
THE BOARD OF G�UNTY COMMISSIONERS
WELD CUNTY, COLORADO
DATED: JANUARY 27, 1971
MB 37: '/ LHR 381
// 710401
E 00/10
L K,:i 9 ..
RENEWAL RIDER
C.D.No. 48559-2-D
To be attached to agreement Audit No. 111212 C.D. No. 559.2
Between UNION PACIFIC RAILROAD COMPANY and COMITYOF WILD, State of
Colorado
Assignments-Dates and Names of Assignees; - -
Covering permission to borrow earth from Railroad right of way,
Location near Wildcat, Colorado.
'Expiration
xpiration
DatedN�•�,1967 Date Nov.20,1967 _ (C riginal) May 19,1968
Expiration (by latest extension) November 19, 1970.
Supplements, including extension riders-Dates Mar.20,1968; Oct.9,1968; and
Oct. 1,1969.
IT IS HEREBY MUTUALLY AGREED BY AND BETWEEN THE PRESENT PARTIES TO THE ABOVE-NAMED AGREEMENT THAT SAID
AGREEMENT, WHICH BY THIS REFERENCE IS MADE A PART HEREOF, IS HEREBY ADOPTED IY SAID PARTIES AS THEIR GREEM NT
FOR A TERM BEGINNING November 20 , ie70 ,AND EXTENDING TO AND INCLUDING November 19, 19i1 3
AND THAT ALL THE TERMS AND CONDITIONS OF SAID AGREEMENT, AS HERETOFORE OR HEREIN AMENDED, SHALL HAVE THE SAME
FORCE ANO EFFECT AND BE AS BINDING UPON THE PARTIES HERETO DURING SAID TERM AS IF THE SAME WERE REPEATED HEREIN;
SAID AGREEMENT WITH THE AMENDMENTS AND SUPPLEMENTS (IF ANY) TO BE SUBJECT TO TERMINATION PRIOR TO THE EXPIRATION
OF THE TERM HEREIN NAMED IN THE SAME MANNER AS IS PROVIDED THEREIN FOR TERMINATION PRIOR TO THE EXPIRATION OF
THE TERM THEREOF.
Dated January 27 , 19 71. Made in duplicate.
Witness UNION PACIFIC RAILROAD COMPANY,
Vice President
Witness: C OF WED, S of Colorado,
6 -714,7../, ;',(4,1,11.41, ,
Attest: COUN CLERK ' 1110.11, o County
Commissioners
By: , �� (Seal)
1 DEPUTY olnity Clerk
RESOLUTION
N os PACIFIC RAILROAD COMPANY has tendered;
to COUNTY or WILD, State of Colorado, an agreement renewing
for a period of one year commencing November gra1nting term of contract dated November 20, 1967, B t the
County the right to excavate and remove approximately
cubic yards of earth from the right of way of the Railroad
Company's Dent Branch, near Wildcat, Colorado; said agree-
ment being_ nt Tiede as s Onion Pacific Railroad Company's
C.D. No. 4148ide
iI
WHEREAS, the Board of County Commissioners of
S .y Of Weld, State of Colorado,- has said proposed agree-
I'ment before it and has given it careful review and consider-
L'ation; and
WHEREAS, it is considered that the best interests
VI Weld, State of Colorado,
of said County of
'wrill be subserved by the acceptance of said agreement;
I THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
'COMMISSIONERS OF COUNTY OF WILD, STATE OP COLORADO:
That the terms of the agreement submitted by Union
IIPacific Railroad Company as aforesaid be and the same hereby
fare accepted in behalf of County of Weld, State of Colorado,
I That the Chairman of the Board of County Commission)
iers of said County hereby is authorized, empowered and direc- '
Ited 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 too
each
duplicate original
of said agreement a certified copy this resolution.
STATE OF COLORADO
ss
COUNTY OF WELD
; I, ANN SPOMER , County Clerk of the !
!County of Weld, State of Colorado , hereby certify that ;
jthe above and foregoing is a true, full and correct copy of I
la resolution adopted by the Board of County Commissioners of
Ithe County of Weld, State of Colorado _ , at a meetin4
(held according to law at treeley, Colorado , orl
lithe 27th day of January , 19 7', as th4
`same appears on file and of record in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand
hand affixed the seal of the County of Welds State of Colorado
this 27th day of January , 1971
(SEAL) C� 1yC�1,.,, .3.^sre
iroe�.ot;Yiti f n ra•ty of
i.
Cnty „ By D putt' County Clerk
Form 2552
6-69-60M
UNION PACIFIC RAILROAD COMPANY
Industripl Engineer' s Office
3620 Wazee
Denver , Colorado 80216
January 21, 1971
File : C - 5
Board of County Commissioners
Weld County, Colorado
Greeley, Colorado 80631
Gentlemen ,
Referring to proposed rider C.D. No . X8559--2-D,
renewing agreement between County of Weld, State of Colo-
rado and Union Pacific Railroad Company , covering per-
mission to borrow eerth from Railroad Company right-of-
way , near Wildcat , Colorado .
Attached herewith duplicate originals to be
executed by County of Weld, State of Colorado, Chairman,
Board of County Commissioners and return to this office
for further handling.
Your attention is directed to resolution to
be passed by the County, a form of which is attached
to the proposed rider.
Upon execution of both please return all copies
to this office for our further henling.
Very truly yours ,
Union Pacific Railroad
4,7e1A Vd.,Z
G DON F. MITE
Indus .1 En«ineer
0
GFH:l da COUNTY OF WELD sr.
Filed with the Clerk of the Board
of County Comm;ssioners
JAN 251971
COUNTY Ci Fot a•. orr-
Hello