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HomeMy WebLinkAbout740355.tiff RESOLUTION WHEREAS, UNION PACIFIC RAILROAD COMPANY has tendered to COUNTY OF WELD, State of Colorado, an addendum to agreement whereby Union Pacific Railroad Company granted to said County the right to excavate and remove earth borrow from Railroad Company' s right of way, near Harney, Colorado; said addendum (hereinafter called "agreement") providing for renewal of agree- ment and substitution of print and being identified in the records of the Railroad Company as its C.D. No. 48559-1-C; and WHEREAS , the Board of County Commissioners of County of Weld, State of Colorado has said proposed agreement be- fore 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; THEREFORE , BE IT RESOLVED BY THE BOARD OF 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 said County; That the Chairman of the Board of County Commissioners of said County hereby is authorized, empowered and directed to execute said agreement on behalf of said County, and that the County Clerk hereby is authorized and directed to attest said agreement and to attach to each duplicate original of said agreement a certified copy of this resolution. STATE OF COLORADO ) ss COUNTY OF WELD _) I, S. Lee Shehee, Jr. , 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 Colorado , at a meeting held according to law at Greeley, Colorado , on the 24th day of April , 1974 , 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 Weld, State of Colorado this 24th _ day of April , 19 74 . �►-^ 740355 (Seal) 01. County Clerk o the County of r / � ) W.veldy, State of C orado. ,- `— L�L�[ /�lei l :✓ r-c'. �LL-2'Gr�� G .774? Z- ., nom x < L4 J § 8� y 44 3; . J '� a • :C bs .- O -7 NN R7 1 4 ` 8• a ti `w i •° z z Mai .0V o D i �g1 ttl Ii II O V # As De, IN t P. H O Gpi, U y '5i.7 N.)1) .1,0=v, , . . ...Jr.— • I fi 0 1 �-- Ibt.3.,S-B3S $6 C:y.•y N f!5?•"6", r'o.r ' 1 1 I ' I i ...*' .116 / a — r....,.d ..i\ '... I II Il ll , ...I ''''" I,A.A.p5 I a. _ . .. .., .. , -.... �O. , _ , , ..„. . • g --t , ..., , t ! 1_ ,520 •,' 1 .. x� ytM!'7 t.T(- ( TiIi h ne 11 e a 3C 1T A I h 'J_ * a.:.. I ) I. • P. • • F i ' ' F- • 1 • M 1'N rTh DUPLICATE ORIGINAL Licensee's Counterpart C. D. No. 48559-1-C ADDENDUM TO AGREEMENT dated April 10 , 1967 , between UNION PACIFIC RAILROAD COMPANY (called "Railroad Company") and COUNTY OF WELD, State of Colorado (called "Licensee") covering grant of right to excavate and remove earth borrow from Railroad Company' s right of way, near Harney, Colorado, for a term of two (2) years commencing April 10 , 1967, said agreement, by riders dated April 8, 1969 , and February 17, 1971, having been extended to and including April 9 , 1973. Said agreement is iden- tified in the records of the Railroad Company as Audit No. 110247. IT IS MUTUALLY AGREED by and between the parties to the above-named agreement as follows : Section 1. Said agreement dated April 10, 1967 , which is by reference made a part hereof, is hereby adopted by said parties as their agreement for the period commencing April 10 , 1973, and extending to and including April 9, 1975, and all the terms and conditions of said agreement, as herein amended, shall have the same force and effect and be as binding upon the parties hereto during the term hereof as if the same were repeated herein; said agreement, as herein amended, 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 ex- piration of the term thereof. Section 2 . Effective as of the date hereof, the print dated February 8 , 1974 , marked "Exhibit A," hereto attached, shall be and the same is hereby substituted for- he print dated March 21, 1967, marked "Exhibit A, " and attached to the above-named agreement, and from and after said effective date whenever in said agreement reference is made to said Exhibit A dated March 21, 1967, such reference shall be deemed to be made to said Exhibit A hereto attached: dated February 8, 1974. Section 3. This agreement is supplemental to the above-named agreement, as heretofore extended, and nothing herein contained shall be construed as amending or modifying the same, except as herein specifically provided. IN WITNESS WHEREOF, the parties hereto have caused 1 • this agreement to be executed in duplicate as of the 24th day of April , 1974. Witness: UNION PAS FIC RAILROAD COMPANY, JE � By V e President Witness: COUNTY OF LD, State of Colorad By�. R� .1 amil(,e0f1 Chairman, Joard of Comity Attest: / Commissioners sr/Z. (Seal) ie.4 2 FOLLOWING IS FULLY EXECUTED AGREEMENT SIGNED BY WELD COUNTY ON APRIL 24, 1974 . IT WAS SENT TO UNION PACIFIC FOR THEIR SIGNATURES ON APRIL 25, 1974, AND RETURNED JULY 19 , 1974 . z a99 See et. /so .1. h//P 30/ couivry OF WELD . Fited with the GeNc oI �Y Commie the board JUL 1 9 1974 ACKNO'iii.EDGEIEST OP RECEIPTay COUNTY CLERK iD RECORDER IA CATION Cheese nney Itomina I DATE A 25. 1971i. DN LD CD COD. 1x8559 1 Mr. R. Irion, superintendent F union Pacific Railroad Company 121 West 15th Street Cheyer.,ne, Wyoming 82001 Dear M.r. I ri o n: This will acknowledge receipt of fully executed copy of A,vsee^:eaa/Addendum to Agreement/Assignment/Extension Rider/ Tarnat`{on Rider/Consent to Conditional Assignment, C.D. 1455?-1-c covering grant of right to excavate and remove earth borrow frost Railroad Company's right of way near Harney, Colorado. Ii Il Yours truly, V f V LV es? 74 414— Hello