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Home My WebLink About700439.tiff UNION PACIFIC RAILROAD COMPANY INSTALL CULVERT ON RIGHT-OF-WAY MATTHEWS, COLORADO: WHEREAS, Union Pacific Railroad Company has tendered to the County of Weld, State of Colorado, an agreement covering the construction, maintenance and operation of a culvert on the right-of-way and under the track of the Railroad Company's Greeley Branch, near Matthews, Weld County, Colorado; said agreement being identified as the Railroad Company's C. D. No. 51785; and WHEREAS, the Board of County Commissioners of the County of Weld, State of 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 of Weld, State of Colorado; that the Chairman of the Board is hereby 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. The above and foregoing resolution was, on motion duly made and seconded, passed by the following vote on roll call: AYESL— t''sz-c—/' /C ,(s1.% J BOARD 0 COMMISSIONERS WELD COUNTY, COLORADO DATED: SEPTEMBER 23, 1970 700439 � �© > 16 DUPLICATE ORIGINAL Licensee's Counterpart (Culvert Encroachment C. D. No. 51785 near Matthews, Colorado. THIS AGREEMENT, made and entered into this 23rd day of September , 1970, ,y and between UNION PACIFIC RAILROAD COMPANY, a corporation f the State of Utah (hereinafter called "Railroad Company"), 1 nd COUNTY OF WELD, State of Colorado (hereinafter called Licensee"), WITN1LESETH: RECITALS: The Licensee desires to construct, maintain and operate a culvert (hereinafter referred to as "Pipe Line") on the right of way and under the track of the Railroad Company's Greeley Branch, near Matthews, Weld County, Colorado, in the loca- tion shown by dashed orange line on the print hereto attached dated May 25, 1970, marked "Ex- hibit A" and hereby made a part hereof. Said Pipe Line shall be of the dimensions and specifications indicated on Exhibit A. AGREEMENT: NOW THEREFORE, it is mutually agreed by and between the 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 per- ormed, the Railroad Company hereby grants to the Licensee, abject to the terms and conditions herein stated, the right o construct and thereafter, during the term hereof, to main- tain and operate the Pipe Line on said right of way and under said track in the location shown by dated orange line on Ex- hibit A. 1 I i The foregoing grant is subject and subordinate to the prior and continuing right and obligation of the Fcai.lroacL Company to use and maintain its entire railroad right of way in the performance of its public duty as a common carrier , and is also subject to the right and power of the R-ilroad Company to construct, maintain , repair , renew, use, operate, change , modify or relocate railroad tracks, telgrapn and hse phone, signal or other pole and wire lines , pipe other facilities upon , along or across any or all parts of said right of way, all or any of which may be freely done at any time or times by the Railroad Company without liability to the Licensee or to any other party for compensation or damages. The foregoing grant is also subject to all outstand- ing 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 is made without covenant of title or for quiet en- joyment . Section 2. CONSTRUCTION AND MAINTENANCE. The Pipe Line shall be constructed, maintained, re- paired, renewed, modified and/or reconstructed by and at the expense of the Licensee and all work on said right of way in connection therewith shall be done under the supervision and to the satisfaction of the Railroad Company. All expenses incurred by the Railroad Company in connection with said work for supervision or inspection, or otherwise, shall be borne by the Licensee. The portion or portions of the Pipe Line located, or to be located, underneath said track or tracks shall consist of the dimensions and specifications indicated on said exhibit A, ! placed at a depth below the base of the rails of said track or tracks not less than that indicated on Exhibit A, and prior td the commencement of any work in connection with such portion or portions of the Pipe Line (whether of construction , mainte- nance, repair , renewal , modification, relocation , reconstruc- tion or removal) , the Licensee shall submit to the Railroad Company plans setting out the method and manner of handling the work and shall not proceed with the work until such plans shall have been approved by the Chief Engineer of the Railroad Company and then only under the supervision of said Chief En- gineer or his representative. The Railroad Company shall have the right , if it so elects , to provide such support as it may deem necessary for the safety of its track or tracks during the time such work is being done, and, in the event the Rail- road Company provides such support, the Licensee shall pay to the Railroad Company, within fifteen days after bills shall have been rendered therefor , all expense incurred by the Rail-, road Company in connection therewith, which said expense shall include all assignable costs plus ten per cent (10%) to cover elements of expense not capable of exact ascertainment. The Licensee shall keep and maintain the soil over the Pipe Line thoroughly compacted and the grade even with the adjacent surface of the ground. PLiC : 2 7 -60 'Section 3. NOTICE OF COM4MENCEMENT OF WORK. I The Licensee shall notify the Railroad Company at -least forty-eight hours in advance of the commencement of any ; ,w ; ,work on said right of way in connection with the construction, maintenance, repair, renewal, modification, reconstruction, iIrelooation or removal of the Pipe Line. Section 4. RELOCATION OR REMOVAL OF PIPE LINE. The license herein granted is subject to the needs %;and requirements of the Railroad Company in the operation of (!its railroad and in the improvement and use of its property, ;;and the Licensee shall, at the sole expense of the Licensee, !move all or any portion of the Pipe Line to such new location , or (unless the Pipe Line extends entirely across the right ofI Sway of the Railroad Company) remove the Pipe Line from said ;;right of way, as the Railroad Company may designate, whenever,; lin the furtherance of such needs and requirements, the Rail- road Company shall find such action necessary or desirable. I All the terms, conditions and stipulations herein expressed with referenoe to the Pipe Line on said right of Tway in the location hereinbefore described shall, so far as (the Pipe Line remains on the right of way, apply to the Pipe `sine as modified, changed or relocated within the eontempla- Ittion of this section. ISeotion 5. NO INTERFERENCE WITH RAILROAD OPERATIONS. The Pipe Line shall be constructed, maintained, repaired, renewed, operated, used, modified, reconstructed, t'elocated and/or removed in such manner as to cause no inter- ' Terence whatsoever with the constant, continuous and uninter- ' Irupted use of the tracks and other property of the Railroad Company, and nothing shall be done or suffered to be done by the Licensee that would, in any manner, impair the safety of paid tracks or other property. . pection 6. RESTORATION OF RAILROAD COMPANY'S PROPERTY. In the event the Licensee shall take down any fence 'pf the Railroad Company or, in any manner, move or disturb any other property of the Railroad Company in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or. removal of the Pipe Line, then, and in that event, the Licensee shall, as soon as possible and at the sole expense of the Licensee, restore such fence and/ or such other property to the same condition as it was in' fore such fence was taken down or such other property was loved or disturbed, and the 'Licensee shall indemnify and hold I rmless the Railroad Company against and from any and all iability, loss, damages, claims, demands, costs and expenses f whatsoever nature, including court costs and attorneys ' tees, which may result from injury to or death of persons Whomsoever, or damage to or loss or destruction of property 9hatsoever, when such injury, death, damage, loss or destruc- tion grows out of or arises from the taking down of any fence r the moving or disturbing of any other property of the Rail- toad Company. PLX 6-7-67 3 • Section 7. LIABILITY. The Licensee shall indemnify and hold harmless the Railroad Company against and from any and all liability, load, damage, claims, demands, costa and expenses of whatsoever nature, including court costs and attorneys ' fees, which may result from injury to or death of persons whomsoever, or dam- age to or loss or destruction of property whatsoever (include,, ing damage to the roadbed, tracks, equipment or other proper- ty of the Railroad Company or property in its care or custo- dy) , when such injury, death, loss, destruction or damage grows out of or arises from the bursting of or leaks in the Pipe Line, or in any other way whatsoever is due to, or arises because of, the existence of the Pipe Line or the construc- tion, operation, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipe Line or any part thereof, or to the contents therein or therefrom, And the Licensee does hereby release the Railroad Company from all liability for damages on account of injury to the Pipe Line from any cause whatsoever. Section 8. TERMINATION ON NONUSER OR DEFAULT. If the Licensee does not use the right herein grant ed or the Pipe Line for one year, or if the Licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after writ ten notice from the Railroad Company to the Licensee specify- ing such default, the Railroad Company may, at its option, forthwith terminate this agreement. Notice of default and notice of termination may be served upon the Licensee by mails ing to the last known address of the Licensee. Section 9. REMOVAL OF PIPE LINE UPON TERMINATION OF • AGREEMENT. Within ninety days after the termination of this • agreement howsoever, the Licensee shall, at the sole expense of the Licensee, remove the Pipe Line from said right of way and restore, to the satisfaction of the Railroad Company, said right of way and the roadbed of said track or tracks to as good condition as they were in at the time of the construction of the Pipe Line; and if the Licensee fails so to do, the Railroad Company may do such work of removal and restoration at the expense of the Licensee. In the event of the removal of the Pipe Line as in this section provided, the Railroad Company shall, in no manner, be liable to the Licensee for any damage sustained by the Licensee for or on account of Such removal, and such removal shall, in no manner, prejudice or impair any right of action for damages, or otherwise, that , the Railroad Company may have against the Licensee. • Section 10. WAIVER OF BREACH. The waiver by the Railroad Company of the breach • Of any condition, covenant or agreement herein contained to be kept, observed and performed by the Licensee shall in no PLX 6-7-67 way impair the right of the Railroad Company to avail itself of any subsequent breach thereof. Section 11. TERMINATION ON NOTICE. Subject to the provisions of Section 8 hereof, this agreement may be terminated by written notice given by either party hereto to the other on any date in such notice stated, not less, however, than six months subsequent to the date on which such notice shall be given. Section 12. LICENSEE NOT TO ASSIGN. The Licensee shall not assign this agreement, in whole or in part, or any rights herein granted, without the written consent of the Railroad Company. Section 13. EFFECTIVE DATE - TERM. This agreement shall take effect as of the 12th day of Duns , 19 70 and, unless sooner terminated as herein provided, shall con- tinue in full force and effect for a period of five (5) years. Section 14. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 12 hereof, this agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in duplicate as of the date first herein written. Witness: UNION PAC!IC RAILROAD COMPANY, Piit71 7 BYC/la 'gentarsi llanagsr COUNTY OP WILD, State of Witness, Colorado Byf1u./ '4'Attests Chan, ; . of County Commissioners,. ounty Clerk 3 e( , c'o b PLX "Eu 6-7-67 5 .1 RESOLUTION • WURZAS, UNION PACIFIC RAILROAD COWAMY has tenderedl,I to COUNTY OP WILD, State of Colorado, an agreement covering the construction, maintenance and operation of a culvert on the right of way and under the track of the Railroad Company's: ',Greeley Branch, near Matthews, Weld County, Colorado; said agreement being identified as the Railroad Company's C.D. No. 1;517853 and II it I j, WHEREAS, the Board of County Commissioners of County of Weld, State of Colorado, has said proposed agree- I ia b tt before�'menfore it and has given it careful review and consi er- 1ation; and WHEREAS, it is considered that the best interests of said County of Weld, State of Colorado, _ Twill be subserved by the acceptance of said agreement; THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COUNTY OP WILD, ST'A'N OP 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, 1iThat the Chairman of the Board of County Commission+ ers of said iited to execute usaid nty hagreement ereby is on authorized, behal empowered cand li '!that the County Clerk hereby is authorized and directed to att hest said agreement and to attach to each duplicate original ,of said agreement a certified copy of this resolution. INSTATE OF COLORADO sa j It COUNTY OF WILD �' County Clerk of the ' I, Ann Spomer _, certify thatl county of Weld, State of Colorado _, hereby tithe above and oregoing is a true, full and correct copy of I a resolution adopted by the Board of County Commissioners of 1 ;the County of Weld, State of Colorado , at a meeting, held according to law at °reeler. Colorado , o4 tithe — 23rd — day of September , 1970 , as tht 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 j _ , this 23rd day of September —__, 197A-• i .li (2 D il (SEAL) County Cleric of the County of I Weld, State of Color o. Cnty II 1 i- ..\ _ 1\-.f. _L----------:------j :t:\\- f _, . . I ti.i _ , , 1 4 , .0 , _ . , T11 4 1 V . ., �I i. . l• I C EXHIBIT "A U.P.R .R .CO. Neer 7:etthews, Colorado I..P. L .C5' Greeley Brexach Weld County To eccomoeny agreerent with Melt: County , )GZorstdo for installation of �. M. P. CulvArt. n1e : 1" - IC.. t Off Ice of Divieicn Enr,I eer • • * L E G E N 1) ;r • Culvert to be removed • Lashed Bleck Calvert to be installed Orange � F .R. Co. R/h` .Red ; Form 2552 0.69.60M UNION PACIFIC RAILROAD COMPANY Industrial Engineer 's Office 3620 Wazee Denver, Colorado 80216 October 27, 1970 File: C - 5 Board of County Commissioners Weld County, Colorado Greeley, Colorado 80631 Attention: Mr. Marshall H. Anderson , Dear Mr. Anderson , Referring to proposed agreement CD No. 51785, Union Pacific Railroad Company, covering culvert7encroach— ment, near Matthews , Colorado . Attached herewith is fully executed counterparts of instrument CD No. 51785 for your further handling. Kindly have abknowledgment of receipt signed and returned to me for further handling. Very truly yours Union Pacific Railroad RDON F. HI TE Industrial Engineer GFH:lda l da Attach. Form 2552 8-69-60M UNION PACIFIC RAILROAD COMPANY 2d->c;v1�zg; Industrial Engineer 's Office 3620 Wazee Denver, Colorado 80216 September 15, 1970 File : C — 5 Hoard of County Commissioners Weld County, Colorado Gre?ley, Colorado 80631 Attention_ Mr. Marshall H. Anderson, Dear Mr. Anderson, Referring to proposes agreement CD No . 51785, with Union Pacific Railroad Company, covering culvert encroachment, near Matthews , Colorado . Enclosed herewith are duplicate originals of the above agreement to be ex,cuted; including witnessing. Upon execution please return all copies to 'Chile office for further handling. Very truly yours , Union pp Pacific Railroad Co. l% 2 ./7G GORDON F. HITE Industrial Engineer GFH:lc3a Enc . WT H) CO, reN,"' S!0NERS SEi' 19/0 F. Oll C) CA a .i 4. 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