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HomeMy WebLinkAbout770417.tiff RESOLUTION RE: APPROVAL OF EXTENSION RIDER WITH UNION PACIFIC RAILROAD COMPANY FOR GRAVEL EASEMENTS. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter , is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS , the Union Pacific Railroad Company has submitted to the Board of County Commissioners of Weld County, Colorado, an Extension Rider to be attached to Agreement No. 110247 re- garding an extension of said agreement which permits Weld County to borrow earth from the railroad company' s right of way, which agreement expired on April 9 , 1977 , but said Extension Rider extends the agreement through April 9 , 1979 , and WHEREAS, the Board of County Commissioners of Weld County, Colorado deems it advisable to accept said Extension Rider and authorize the Chairman of the Board of County Commissioners of Weld County, Colorado to execute said Extension Rider for and on behalf of Weld County, Colorado. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that Weld County accept the Extension Rider as referred to above and further authorizes the Chairman of the Board of County Commissioners of Weld County, Colorado to execute said Extension Rider. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of June, A.D. , 1977. The above and foregoing Resolution was read into the record and signed on the 29th day of June , A.D. , 1977 . BOARD OF COUNTY COMMISSIONERS n , WELD C NTY,U CO RADO ATTEST: "friat,c liv�v; 4�(^"""�/�� .a r+c--. Pro fem Weld County Clerk and Recorder and erk to the Bo- a �e •uty County —rk AP' :.'QED AS T : i` County Attorney 770417 Lc-6 c i& Form 2213 3.7420M EXTENSION RIDER • C.D.No. 48559-1—E To be attached to agreement Audit No 110.242 C.D. No 48-559-1 No No Between UNION PACIFIC RAILROAD COMPANY (Railroad Company) and COUNTY OF WELD, State of Colorado (Licensee) Present Assignee (if any) - - Covering permission to borrow earth from Railroad Company' s right of way, Location near Harney, Colorado. Dated Apr. 10, 1967 Effective Date Apr. 10,1967 —__Expiration (Original) Apr. 9, 1969 Expiration (by latest extension) April 9, 1977 IT IS HEREBY MUTUALLY AGREED by and between the present parties to the above-named agreement that the term thereof shall be and hereby is extended to and including -_AE?, J.l.--9 , 1919_, and that all the terms and conditions thereof, as heretofore or herein supplemented and/or amended, shall remain in full force and effect during the extended term, said agreement with the supplements and/or amendments (if any) to be subject to termination prior to the expiration of the extended term in the same manner as is provided therein for termination prior to the expiration of the term hereby extended. Special Provisions: Dated A-PAIL 7,________ 19 77 Made in duplicate. Witness: __i1NZOSI___P_ACIFIC__RAILROAIL_CO.MP_AN ,.—__ General Manager COUNTY OF WELD, State of At• / Col ado, ( i (Seal) ByIZ Co Clerk ------�-- Y Chairman, sion of County/����2 � Commissioners lit jJUL 271971 GAF.E1t1; coLq. Denver - July 25, 1977 File: SA - 58-257-Harney The Board of County Commissioners Weld County Colorado Greeley, Colorado 80631 Dear Ms. Kummer: Attached for your file is executed Extension Rider CD No. 48559-1-E covering per- mission to borrow earth from Railroad Company' s right of way, near Harney, Colorado to April 9 , 1979. Sincerely, . A. Vend nia mac'. LC:jr Greeley, Colorado from the office of June 30 THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Dear Mr. Mitts, Please return the County's signed copy of the Extension Rider to the Office of the Clerk to the Board, P. O. Box 758, Greeley, Colorado 80631. Thank you for your cooperation. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO � � .71/1a7 (�.wvk4ruu""`f/ir f ✓ MARY ANN FEUERSTEIN COUNTY CLERK &RECORDER AND CLERK TO THE BOARD By: Y/ xQ wi_nr 41 Duty Couifty Clerk RESOLUTION WHEREAS, UNION PACIFIC RAILROAD COMPANY has tendered to the COUNTY OF WELD, State of Colorado, an agreement extending the term of contract dated April 10, 1967, granting to the County the right to excavate and remove approximately 50, 000 cubic yards of earth from the right of way of the Railroad Company ' s Dent Branch, near Harney, Colorado; said agreement being identified as Union Pacific Railroad Company' s C.D. No. 48559-1-E; and WHEREAS , the Board of County Commissioners of County of Weld, State of Coloradohas 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, , 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 day of , 19 77, 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 day of , 1977 . Res (Seal) Cnty County Clerk of the County of Weld, State of Colorado. Hello