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HomeMy WebLinkAbout720414.tiff AGREEMENT WITH THE UNION PACIFIC RAILROAD C. D. No. 48559-2-E (48559-2) 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, 1971, 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-E (48559-2 and Audit No. 111212) ; 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 aforementioned 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. iZ X-��G-e et-fr/L AYES: tdot- /g , /,,,) „ h „„/; t� � r- THE BOARD OFOUNIY COMMISSIO g r_ WELD COUNTY, COLORADO DATED: MARCH 22, 1972 MB 38 ' 71 9' /// 720414 L 6,00/ I✓ DUPLICATE ORIGINAL Licensee's Counterpart RENEWAL RIDER C.D.So.48559-2..$ To be attached to agree oni Audit No. 111212 a C.D. No. 48559-2 Between ANION PACIFIC RAILROAD COMPANY and COUNTY OF WELD, State of Colorado. Assignmei_ts-Dates and Tames of Assignees; '" Covering permission to borrow earth from Railroad right of Kay, Location near Wildcat, Colorado. Effective Expiration Dated_NOV.20,1967 Date . NOV.20,1967 (Original) May 1911968 Expiration (by latest extension) November 19, 1971. SuppleTe ts, including extension. riders-Dates 3/20/68; 10/9/68; 10/1/69; and 1727/71. • IT IS HEREBY MUTUALLY AGREED BY AND BETWEEN THE PRESENT PARTIES TO THE ABOVE-NAMED AGREEMENT THAT SAID AGREEMENT, WHICH SY THIS REFERENCE !WOE A PAy HEREOF, IS HEREBY ADOPTED IY SAID PARTIES AS THEIR AGREEMENT FOR A TERM BEGINNING November p i9( AND EXTENDING TO AND INCLUDINGSlOQember 19 _, f9 `� AND THAT ALL THE TERMS AND CONDITIONS OF SAID AGREEMENT, AS HERETOFORE OR HEREIN AMENDED, SHALL HAVE THE SAME FORCE AND 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 P OVIDED THEREIN FOR TERMINATION PRIOR TO THE EXPIRATION OF THE TERM THEREOF. Dated z'� .Z. °'� , 1972 . Made in duplicate. Witness . UNION PACIFIC RAILROAD COMPANY, By Viii—President Witness: colliery OF WELD, State of Colorado, a4144,Attest 3 � �irman , o# unt C?ou y, Cl�r� s� �O y (Seal) Commissioners eipuf y oun y er RESOLUTION 'C AB, UNION PACIFIC RAILROAD COMPANY has tender- ed to COUNTY 4F MAD: State- of Colorado: an agreement renew- ing for a period of one year commencing November 20, 1971, the term of contract dated November 20, 1967, granting to the County the right to excavate; and remove approximately 40,400 cubic yards of earth from the right of gray of the Railroad Company's Dent Branch, near Wildcat, Colorado; said agree- ment be identified as Union Pacific Railroad Company's C.D.No.48559-2-g; and WHEREAS, the Board of County Commissioners of Co+ant of Weld, Sus.te: of Colorad°, 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 Weld, Sate of Colorado, _� _ will be subserved by the acceptance of said agreement; THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COUNTY OF Wks STAIR 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, States of Colorado1 That the Chairman of the Board of County Commission- ers 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 at- test said agreement and to attach to each duplicate original of said agreement a certified copy of this resolution. STATE OF COLORADO _ ss COUNTY OF WILD I, ayr4.1./ Y` —, County Clerk of the County of Weld, State of olorado , 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 meetinE held according to law at _ Greaeley, Colorado —, on the _ „2:2.`'`� day of —/t' r�,� , 191i, 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, States of Colorado --, this _21 day of /2 19 72 . Zor� i (SEAL) yStati m C©lAr�tto./ty of Cnty �r� Deputy County Cleric Hello