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Home My WebLink About760349.tiff RESOLUTION RE: RENEWAL RIDER WITH UNION PACIFIC RAILROAD COMPANY COVERING LEASE IN WELD COUNTY, COLORADO. WHEREAS , the Union Pacific Railroad Company has tendered to the County of Weld, State of Colorado, an agree- ment renewing for a period of two years beginning April 10, 1975 and extending to and including April 9, 1977, the term of the contract dated April 10, 1967 , covering lease of pre- mises of the Railroad Company in Weld County, Colorado, to be used for highway purposes , said agreement being identified as Railroad Company' s C.D. No. 48559-1-D, Audit No. 110247 , and WHEREAS, the Board 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 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 Com- pany as aforesaid, be, and the same is hereby accepted; that the Chairman of the Board be, and he is hereby authorized to execute said agreement in behalf of said County; that the Clerk of the Board be, and he is hereby authorized and directed to attest said agreement and to attach to each duplicate original of said agreement a copy of this resolution. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote this 23rd day of February, 1976, nunc pro tunc April 10 , 1975 . THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO , ATTEST: o!. 6'c COUNTY CLERK AND RECORDER //it/ L AI ,,AM„CLERK TO THE ZARD,/ BY-: fC-1•l x 'tti> � '(OA 1,1 ((i beputy County Clerk APPROVED--P5$ TO FORM: { (4 < - �f" - -- cial Leg 1 Counsel 760349 f=. �-(fir.?/�, LHR 299 RENEWAL RIDER ...icons -is Colin torniGrt C.D. No. 48559-1-D 110247 C.D. No. 48559-1 To be attached to agreement Audit No No No. Between UNION PACIFIC RAILROAD COMPANY and COUNTY OF WELD, State of Colorado 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 , 1975. • IT IS HEREBY MUTUALLY AGREED by and between the present parties to the above-named agreement that said agreement. which by this refGSueii made a part hereof, is hereby 41ppted by said parties as their agree- ment for a term beginning __ -__P_. , 19__-77-__, and extending to and including Apria9 , 19 77 ; and that all the terms and conditions of said agreement, as heretofore or herein supplemented and/or 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 supplements and/or amendments (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. Special Provisions: Dated__— —.—__, 19. 76 Made in duplicate. - Witness: UNION PACIFIC RAILROAD COMPANY, — — — — — By — — -- — -- Vice President COUNTY OF WELD, State of Attest: Colorado, ,— —/ (Seal) By _ gL_-_-, /' it r---- - County Clerk Chairman, Board of ounty f�} f(//''.. "`� Commissioners f . / :. 4 .r .s y r`* x✓"' ^ivpyw� 5.��d,..Y:o v 9f' .1, ;��r M'Wy� Jp ..w'� ...,� w, + .., p' ,y ,,,,4,y .%•4 )Wrv.."..t.� ct Tt^•+ "1/4.,"4k" *',..'�F:�+�'w`ka."44+` 'kit',ir;t+ .k.4 .;Y•. I- )k." a° n !4{.M, -.. .r\Yay��'• ' '' yVtti3w"'.! `a,Yo-'. .r' �''J" - from the office of eeley, Colorado THE BOARD OF COUNTY CON .3SIONERS —:bruary 25 , 1976 WELD COUNTY, COLORADO Mr. M. E. Merritt Union Pacific Railroad Company 121 W. 15th St. Cheyenne, Wyoming 82001 Dear Mr. Merritt: Enclosed you will find the duplicate originals of a renewal rider executed by Weld County, Colorado. We did, however, approve our own resolution rather than the one sent by you. A copy of said resolution is attached. Please return a signed copy of the rider to us for our files. If you have any qu-stions, please contact us. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO ORADO cC �� S. LEE SHEHEE, R. COUNTY CLERK & RECORDER AND CL TO THE BOARD B , Enc. eputy County Clerk "� xrw.,s�ws.s:aaGa ..5 tir , w. .j �•r y is H.* �":`° ,� ...�...,, a ' '�<, '"'> ,�`�,_' , ,4,' °idet ', 3.?.--:, w. A✓ 44 +�y.;.xr%\cr ..'arIt '''' ' -".." ' .. - 4-oH3 #"k :,sk^e''' 'ray � fi' ��i: ?>sR'k`Y� v �?'w +r. !�0. , '�Iri. i.�....T ..r..-.._. _..,. 2.,'..,- • .Nfp Yt ^ _ ..„i,.r.. * :j: -,." `ae..a s,-14,,ZJt:theet: .�.*.:... , 11.-iires :„"JR F'' a^.' "!.*,:.c { ,SKr y y -+w w.. . .c e'� 'dry r.a ,I J +,Tf_�4...,'yt N7r'.r✓r .," . "+ "iJr. ' r41-">‘ .r 4 5 a w4�., i, j,, ri r 0. .t1 re p44"S k �1-'v1/2elth , 'n ` �e%Aktr '.r'� ��,,4c+y�,* jxT ,' % n 2 c-W �"e'^µr Rsb `?'IL t yrtI' N 7 a, e��k M,4�VI )f v 1 / y µ _r�.,tr r". e£'n ^ " e' in`y ' 1:.f""' `` rt 1O. ,r L�ne �I''"'kV " , e .rr .. ; 'v;^'re K., Ar y ,,, ° s y a ya nt vR. s ^,,,, 1tk v 4 M!e. sly . o ' • €4.- q�1S„'` a. ' .t'i /44 ,"},r x ,"at3t.n,ehv 4 k A4,,,r r.. . 1," o \4,‘'''',S, ;4 , „we 7 rr, RESOLUTION WHEREAS, UNION PACIFIC RAILROAD COMPANY has tendered to the COUNTY OF WELD, State of Colorado, an agreement renewing 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-D; and WHEREAS , the Board of County Commissioners of County of Weld, State of Coloradchas 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 , 1976 , 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 • 76 this day of , 19_ Res (Seal) County Clerk of /fhJ County of Weld, State of Col - do. _ RESOLUTION to OAS, UNION PACIFIC RAILROAD COMPANY has tendered the the COUNTY OF WELD, dated April of Colorado, an agreement renewing term t of o nta and rAmril 10, 1967, granting the earth ri from excavate right approximately to cubicthe County oof ar, near fr of way of the Railroad Company ' s yards Harney, Colorado; said agreementgaid s ifie as Union Pacific Railroad p y's C.D. .Company's No, being identified 48559-1_D. and WHEREAS , the Board of County Commissioners of County of of fore i t and iia�e71 it--°lprad l review and consideration; s said proposed d agreement abe- nd WHEREAS , it is considered that the best interests and said County of Weld, State of of will be subserved by Colorado, THEREFORE b the acceptance of said agreement; BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COUNTY OF WELD, That the terms of STATE OF COLORADO: Pacific the agreement submitted b Pacific Railroad i behalf ofas aforesaid be and by hereby n of said County; the same are of said That the Chairman of the Board of County County hereby is authorized, empowered execute said Commissioners County agreement on behalf of said and directed to Clerk hereby is authorized Cctedy, and that s said d agreement and to attach to each duplicateo agreement to attest a certified copy of this ionginal of said resolution. STATE OF COLORADO ) COUNTY OF WELD ) ss I, Count Weld County Clerk of the y of , State of Colorado the above and foregoing is a true , hereby resolution adopted by full and correcteco y that the Board of County Commissiohersyofftha e County of Weld, State of Colorado according at a meeting held to law at Greele Y, Colorado day of . on the appears on file and of record 1976 as the same IN TESTIMONY in this office. HEREOF, I have hereunto set my hand and affixed the seal of the County of Weld, State of this Colorado day of es . 19 76 ztY (Seal) County Weld, StateClerk of ,Eh� County of - of Color ttI* e;vC xz L l 1 \ UNION PACIFIC RAILROAD COMPANY DEPARTMENT OF OPERATION UNION CHEYENNE, WYOMING 82001 PACIFIC M. E. MERRITT SUPERINTENDENT 111111 Feb. 4, 1976 CD 4$559-1 Mr. S. Lee Shehee County Clerk and Recorder and Clerk to the Board Weld County, Colorado County Services Building Greeley, Colorado $0631 Attention: Ms. Jeannette Ordway Deputy County Clerk Dear Sir and Madam: This refers to your letter of Dec. 16, 1975, requesting renewal of agreement CD 4$559-1 with this Railroad Company covering grant of right to excavate and remove earth borrow from Railroad Company's right of way near Harney, Colorado. Duplicate originals of proposed rider CD 4$559-1-D are attached. Please execute and return both copies to me. Your attention is directed to Resolution to be passed by the County, a form of which is attached to the proposed rider. Yours truly, fl , f. 7 e-ma( M. E. Merritt 9-lc atts Form 2214 DUPLICATE ORIGINAL 5-7d-SM RENEWAL RIDER Licensee's Counterpart • C.D. No. 48559-1-D 110247 C.D. Na 48559-1 To be attached to agreement Audit No No No. Between UNION PACIFIC RAILROAD COMPANY and COUNTY OF WELD, State of Colorado Present Assignee (if any) - - Covering permission to borrow earth from Railroad Company' s right of way, Location near Harney, Colorado. Apr. 10 , 1967 Apr. 10, 1967 Expiration (Original) Apr. 9 , 1969 Dated Effective Date P ) Expiration (by latest extension) April 9 , 1975. IT IS HEREBY MUTUALLY AGREED by and between the present parties to the above-named agreement that said agreement. which by this reference, i made a part hereof, is hereby 1ppted by said parties as their agree- ment for a term beginning ___,_-_April i , 19/7 , and extending to and including ApXl.'i,.__9L--_ , 19 77 ; and that all the terms and conditions of said agreement, as heretofore or herein supplemented and/or 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 supplements and/or amendments (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. Special Provisions: - Dated , 19--2. Made in duplicate. Witness: UNION PACIFIC RAILROAD COMPANY, __. -- ---------- By — -- — Vice President COUNTY OF LD, State of Attest: /� Colorado � p----- , (Seal) B —4— '`2-'`u"`-`c- -- eo y Clerk Chairman, Board of County �rF' ' Commissioners )/, UNION PACIFIC RAILROAD COMPANY • DEPARTMENT OF OPERATION CHEYENNE, WYOMING 82001 UNION PACIFIC M. E. MERRITT 111111 SUPERINTENDENT May 11, 1976 CD 48559-1 Mr. S. Lee Shehee County Clerk and Recorder and Clerk to the Board Weld County, Colorado County Services Building Attention: Ms. Jeannette Ordway Greeley, Colorado $0631 Deputy County Clerk Dear Sir and Madam: This refers to previous correspondence regarding renewal of agreement CD 4$559-1 with this Railroad Company covering grant of right to excavate and remove earth borrow from Railroad Company's right of way near Harney, Colorado. Herewith attached is executed counterpart of instrument CD No. 4$559-1. Please sign and return acknowledgement of receipt, also attached. Yours truly, 2,4" 1". 21/4-€,z,1-fe M. E. Merritt 9-lc atts Hello