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courtroom itself is adequate but the waiting space is inadequate, and within a few years a full time county
judge will be nee He said they are at capacity now. Mr. dner said all of their filings have in-
creased consider and there is no indication that things w low down. He said he has approximately
1350 square feet n a and will need another attorney and will h, e to increase the parttime secretarial
position to full time. In order to accomodate these positions, the waiting room will have to be eliminated
Ile thinks 1500 square feet would be reasonable. Judge Litwiller said there are no funds available from the
state for physical facilities. Mr. Jolley asked about any obligation on the part of Pitkin and Rio Blanco
Counties. Judge Litwiller said he would be surprised if there were any, since both counties now provide
necessary space for the courts, although there are some functions that are attributable to all counties.
Sheriff McNeel said he is concerned about security and that we will have to figure on expanding the jail.
Mr. Jolley asked where the building should be. Judge Litwiller said possibly the county land next to the
hospital, but that may not be compatible. He said the court facility should be close to the jail for
security reasons, and can be in the same building if designed properly, and possibly the city police and
sheriff offices. Ed Feld said there is the lot behind the courthouse but the location might he too noisy.
After further discussion, the Commissioners agreed to form an advisory board. Mr. Cerise said he feels we
need input from a lot of different people. Mr. Feld is to put a story in the paper asking for volunteers.
Mr. Leidner said he needs the additional help mentioned previously now because there is way too much of
a case load for the present staff. Ile asked for a supplemental appropriation to his budget, saying he
would try to keep the salary down to $15,000 or so. The Commissioners said they would talk about it and
get back to him.
Sheriff McNeel said he also needs additional staff, that he just does not have enough people to cover the
county and transport prisoners. He said his people are really down and threatening to quit. There was
considerable discussion about the recent conference and the mandates that are coming. Mr. Cerise moved
that Sheriff McNeel be authorized to hire three additional deputies at $1000 per month. Seconded by Mr.
Velasquez and carried unanimously.
Mr. Cerise moved that the Chairman be authorized to sign a contract with Robert J. Richardson as assistant
county attorney. Seconded by Mr. Velasquez. Unanimous.
Mr. Cerise moved that Resolution /180-120, vacating a portion of Road 110 to Ronald J. Fuller, be adopted
and included in the Resolutions Book. Seconded by Mr. Velasquez and carried unanimously.
Meeting adjourned at 6 p.m.
ATTEST: BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
Dejuty
rk of the B6nnd Chairman
Monday, June 23, 1980
The regular meeting of the Garfield County Board of Commissioners was held on Monday, June 23, 1980, be-
ginning at 9:30 a.m. Present were Chairman Dick Jolley and Commissioner Larry Velasquez. Commissioner
Flaven Cerise was in Denver attending an Agricultural Lands Conversion meeting. Also present were County
Attorney Art Abplanalp and Deputy Clerk of the Board Nancy Page.
Michael Hutton and Weeje Wallace appeared before the Board and asked support for designation of a bicycle
route through the Roaring Fork Valley. Mr. Hutton said the state of Colorado has started its own routes,
one of which is I-70. They do not have the necessary funds to do all the work, so Mr. Hutton is going to
gather all of the background information and the state will print "strip" maps. These maps are of desig-
nated bicycle routes with detailed information on terrain, food, lodging, and so forth. Mr. Hutton ex-
plained that the designated route will avoid highway 82 as much as possible. Mr. Jolley said he has no
problem with it because this will increase safety. Mr. Velasquez said that he is familiar with strip maps
and would like to see then for this area. The Commissioners said they would cooperate in any way possible.
A public hearing was held on the formation of the Rifle Village South Local Improvement District. Gary
Dean was sworn in as a witness.. Mr. Abplanalp said the purpose of this hearing is to receive objections
to the formation of the district. Exhibit A, proof of publication, and Exhibit B, certificate of mailing,
were accepted as evidence. There being no one present to continent, Mr. Velasquez moved that the hearing be
closed. Seconded by Mr. Jolley. Carried.
A public hearing was held on a zone change request and special use permit for Occidental Oil Company and
the D$RGW Railroad. This is on 160 acres at the West Rifle Interchange, from A/R/RD to R/L. Mr. Abplan-
alp read the procedure to be followed during the hearing. County Planner Ray Baldwin and Keith Lindsay
of Occidental were sworn in as witnesses. The following exhibits were submitted as evidence: Exhibit A,
letter from Occidental requesting the change; Exhibit B, letter from Rio Grande Land Co. requesting the
zone change and a special use permit for a commercial park; Exhibit C, letter from the owner of the pro-
perty, Bill Clough, stating his permission for the two companies to act on his behalf; Exhibit D, map of
the property; Exhibit E, resolution from the Planning Commission; Exhibit F, letter outlining the special
use permit request from Cathedral Bluffs Shale Oil Co. for a commercial park; Exhibit G, letter from City
of Rifle, Exhibits H and 11-1, copies of zone district maps applying to that property. The proof of publi-
cation and mail receipts were mailed to the Planning Office, according to Mr. Lindsay. Mr. Abplanalp
advised the Board that they may receive evidence but that the hearing should be continued to allow proof
of notification to be presented.
0 •
'roceedings of the Board of County Commissioners, Garfield County, Colo., June 19 80
61
HE O. F. HOEOKEL CO.. OEHE R 330885
Mr. Lindsay stated that he is appearing to request and support re -zoning to Resource/Lands and to request
a special use permit. He said that Occidental has 40 acres for a rail staging area and for the receipt
of materials for construction of the project. He said they do not intend to have any facilities that will
require offices other than a dispatch office. There will be a loading dock and material storage area.
Al Fjeldsted, Rio Grande Railroad, was sworn in as a witness. He said this site is ideally suited because
of location. They hope it will attract rail users who would be supporters of the oil shale industry. He
said they intend to lease rather than sell. There will be three parcels, one of which will require a sub-
division exemption.
Mr. Lindsay said he would like to address the letter from the City of Rifle, Exhibit G. He said that the
comments indicated that the city would like to discuss the location of a utilities easement across the
property for a future regional sewer system. He said that Occidental has no problems with that and is
in favor of it. Harry Phillips, also of Rio Grande, was sworn in and stated that his company is in favor
of the utilities easement. Mr. Velasquez asked if there will he specific uses. Mr. Fjeldsted said that
is being discussed. Mr. Velasquez said at the last meeting there was some uncertainty as to which way to
go, and he asked if all the uses they want are included in R/L. Mr. Baldwin said yes, assuming the pro-
posed text amendment is adopted by the county.
Rifle Planner Lee Merkel was sworn in as a witness. He said he had no negative comments, and agrees that
it is a logical place for an industrial park. Ile said the City would like to go on record as requesting
a utility easement on the south side of the railroad tracks of 20-25 feet.
Martin Villa of Meeker was sworn in. He said he does not intend to register a complaint but wants to
bring attention to the fact that there is no access across the railroad to the Southside Subdivision near
the Union Carbide plant. There are SO acres there served only by an inadequate right-of-way. There is
no actual access to the property. He said he would like to ask the Commissioners to consider asking the
railroad to put in a lighted crossing. There are 21 lots in the subdivision, zoned industrial. He said
the Highway Department has agreed that they would go with a new crossing. Mr. Villa's property is three
miles east of the DBRGW-Oxy property. Ile said he has been attempting to get a crossing for two years.
He said he would have 36,000 square feet of industrial property if he could get a right-of-way. Bob
Slentz, attorney for Mr. Villa, said the reason the issue is raised at this point is that with the new
industrial park, the railroad traffic will be increased, and thatthey have been unsuccessfuly obtaining
a public right-of-way across the tracks and would like the Commissioners to take a look at the fact that
there is going to be increased useage. The existing crossing is a city crossing to the sewage plant from
the railroad to the city and is restrictive. He said the city is also interested in a better crossing.
Scott Brynildson was sworn in. He said there was a meeting with the railroad and the property owners and
they would like to combine all the crossings into one place. He said it is a bad situation. Lee Merkel
said the city is interested in working on an improved crossing. Mr. Velasquez asked if that crossing
would serve the property in question today. Mr. Fjeldsted said it is a separate situation, that their
property does not require a crossing. Mr. Phillips said a public crossing comes tinder the jurisdiction
of the PUC. He said this is the railroad's main line and this traffic Mr. Villa refers to will not have
an effect as far as increasing traffic. In reference to the sewer line, he said they have no objections
to negotiating as easement with the city but there may he a problem with using the south side of the
tracks because there is only 50' there. The line could be on the other side, however. Mr. Abplanalp
said the Board cannot make a condition to give away an easement not on this property. Mr. Phillips said
they can work it out one way or the other. Mr. Velasquez moved to continue the public hearing until
June 30 at 3:30 p.m. Seconded by Mr. Jolley. Carried.
A public hearing was held on text amendments to the zoning resolution. Mr. Abplanalp read the procedure
to be followed during the hearing. He read aloud the changes to he made and compared them to the existing
regulations. Mr. Abplanalp said that before the Commissioners can adopt the amendment, there will have to
be a written resolution of approval from the Planning Commission. Mr. Velasquez moved that the hearing
be continued until .June 30 at 3:15 p.m. Mr. Jolley stepped down and seconded the motion. Carried.
Judy Whiteman appeared before the Board for a public hearing for a text change to the Apple Tree PUD,
allowing a day care center as a special use permit, and also applying for a special use permit. Mrs.
Whiteman and Assistant Planner Davis Farrar were sworn in as witnesses. The Planning Commission has re-
commended approval, as indicated in Exhibit A, minutes of their meeting. Mrs. Whiteman did not have the
necessary proof of publication and mail receipts with her. She said she has met all health, fire and
state regulations. Reverend Warren of the Apple Tree Church, said that there is an evident need for this
type of service in the community, where there are 285 units and many working mothers. Mr. Velasquez moved
that the hearing be continued until June 30 at 3:45 p.m. to allow Mrs. Whiteman to present the required
hearing notices. Seconded by Mr. Jolley. Carried.
Meeting recessed for lunch. Reconvened at 1:30 p.m. Roll call was taken, there being present Commissioners.
Jolley and Velasquez.
A public hearing was scheduled for a proposal by Richard Murr for a mobile home park on Miller Lane east
of Rifle. However, Mr. Murr asked for a continuation of 90 days. Planner Ray Baldwin read Mr. Murr's
letter. Mr. Abplanalp advised the Commissioners that there is nothing to prevent the Commissioners from
holding the hearing at this time. There were approximately 30 interested citizens present. Mr. Abplanalp
said he would advise the Board to vacate the hearing and advise Murr to come in again when he is ready.
These people have come in twice for this hearing, and they get tired of coming in. Mr. Murr would not
have to start with a new application but he would have to notify adjoining landowners of the new hearing.
Mr. Velasquez moved that the hearing he continued until September 15 at 1:30, that the adjoining land-
owners be notified by certified mail, and that there be no additional continuations. Seconded by Mr.
Jolley. Carried.
Jun. 22. 2006 10:40AM Savage Se'vices Corporation
'1- Loral L-7331 P.P12rccg3, as to LOSR Ay weuurat vuuoei
,a,..4••••••••••,466,4-01,1;•.• upsiteba/ 2. 1992
DOCUMENT
AUDFt
STCC # 2919994
SPINS 4 0225
No._9.1737 3,P. 2
MILEPOST WA -391.0
AGREEMENT FOR SERVICE FROM TRACK OF RAILROAD
THIS AGREEMENT, made this 27th day of January, 1997, by and
between SOUTHERN PACIFIC TRANSPORTATION COMPANY and THE DENVER AND
RIO GRANDE WESTERN RAILROAD COMPANY, a corporation, herein. called
"Railroad," and SAVAGE INDUSTRIES, INC., address: 5250 Commerce
Drive, Suite 200, Salt Lake City, TJtah, herein called "Industry";
RECITALS:
Railroad is the owner of a track (hereinafter termed
"Track") located at or near Lacy Station, County of
Garfield, State of Colorado, as illustrated on the print
hereto attached and hereby made a part hereof. Industry,
in order to save the expense of constructing an industry
track to serve its premises, has requested Railroad to
serve it from said Track_ Railroad is willing to make
such service as a matter of accommodation, but not as a
matter of legal right, upon the terms and conditions
hereinafter set forth. The tern "Track" as used herein
shall designate the plural if there is more than one
track illustrated on said print.
AGREEMENT:
1. Railroad agrees to serve Industry over said Track, unless
prevented due to labor dispute or any causes beyond the control of
Railroad, subject to any lawful charges that may be made by
Railroad for such service, at such Mmes as such service will not
interfere with the use of said Track by Railroad. If said Track
connects with or diverges from trackage not owned by Railroad,
Railroad's agreement to serve Industry shall be subject to any
restrictions of operations on such trackage, and to the continued
existence in place and maintenance of such trackage.
1
Jun. 22. 2006 10:40AM Savage Services Corporation
Fora L-7331 Approved as to LC= ny 'ener*1 Luu:.aei
Revised: December 2r 199Z
No. 9173, P.. 3
Railroad hereby permits Industry to unload on said 800 feet of
Track, Industry's cars used in the transportation of Sodium
Bicarbonate.
2. In consideration of Railroad's agreement to serve Industry
over said Track, as herein set forth, Industry agrees to pay
Railroad, as rental and as the cost of maintenance of said Track,
the sum of Two Thousand Four Hundred Dollars ($2,400) per annum,
payable annually in advance, and the prorated rental for the final
year shall be at least One Hundred Eighty Dollars ($180).
3. The Track shall be under the full control of Railroad and
may be used at the discretion of Railroad for its business or for
shipment or delivery of any freight.
4. Industry agrees that:
Industry will comply with clearance regulations as delineated
on the chart attached, marked Exhibit "A," and hereby made a part
hereof.
A minimum overhead clearance of twenty-seven (27) feet,
measured vertically above tops of rails, ,shall be observed for
wires over or across any track and for a distance of at least eight
(8) feet six (6) inches from the centerline of such track; subject,
however, to statutes or orders of competent public authority having
jurisdiction: in the premises.
If, by statute or order of competent public authority having
jurisdiction in the premises, greater clearances or other standards
than those specified on said Exhibit "A" shall be required,
Industry shall strictly comply with such statute or order.
All doors, windows or gates of any building or enclosure shall
be of the sliding type or shall, when opened, be swung away from
the Track when such building or enclosure is so located that said
doors, windows or gates if opened toward the Track would, when
opened, be at clearances in violation of the clearances specified
on said Exhibit "A."
Notwithstanding anything herein contained, no structure, .
material, pole, cable, wire, conduit, pipe, opening, excavation or
obstruction of any kind or character shall he erected, piled, made,
stored or maintained by Industry upon or over the premises of
Railroad or beneath any tract upon the premises of Railroad,
2
Jun.22. 2006 10:41AM Savage Services Corporation
'Form L-7331 Approved as to tors by tieneral. Louaeej.
Revised: Deceder 2, 1992
No. 9173, 3 P.__ 4,
without the written consent of Railroad first had and obtained.
Further, no pipe, pole, wire, conduit, underground structure,
opening or excavation of any kind whatsoever shall be made or
placed beneath any track, or within ten (10) feet thereof, beyond
the premises of Railroad without first giving Railroad written
notice thereof.
Industry shall at all times keep the pathway for trainmen, as
shown on said Exhibit "A," and the area between the rails free and
clear of debris and/or obstructions of any kind or nature and
whether due to the operations of Industry or Railroad, or both, or
to the loading or unloading of cars on said Track. The
indemnification hereinafter provided for in this section shall
apply whether or not Railroad has notice or alleged notice of any
violation by industry of Industry's duty to keep said area clear of
debris and obstructions.
Industry agrees that under no circumstances shall any
gunpowder, dynamite or other explosive material be piled or stored
by Industry or others upon the premises of Railroad.
Prior to using said Track for loading, unloading or storage of
flammable liquid with flash point at or below 100 degrees
fahrenheit, non-flammable compressed liquefied gas, flammable
compressed gas or other regulated hazardous material, Industry
shall first secure the written permission of Railroad for the
specific material or materials. Industry shall comply with
Railroad's rules governing, which will be furnished by Railroad to
Industry upon request.
Industry agrees to indemnify and save harmless Railroad from
all loss, damages, penalties, costs or judgments that raay be
assessed against or recovered from Railroad an account of or in any
manner growing out of the violation of this Section 4.
It is the express intention of the parties that the indemnity
provided for in this Section 4 indemnifies Railroad for its own
negligence whether that negligence is active or passive or is the
sole or a concurring cause of the death, injury, loss or damage
provided that said indemnity shall not protect Railroad from
liability for death, injury, loss or damage arising solely from the
criminal actions of Railroad, its officers, agents and employees.
5. Industry agrees that if, in the judgment of Railroad,
operations of Railroad make it necessary or desirable that an
3
Jun. 22. 2006 10:41AM Savage Services Corporation
• 'Form 7,-7331 Approved as to for® by Genera_ Counaei
Reared; Dec aatJar 2, 1952
No. 9173 J. _.5,
vau.ury•
independent spur or side track be installed to serve the plant of
Industry, such spur or side track shall be constructed and
maintained and the cost of such construction and maintenance shall
be assumed by Industry, or divided between the parties in
accordance with the general practice of Railroad in effect at the
time. Railroad and Industry shall enter into an agreement setting
forth the basis of construction, maintenance and operation of said
independent spur or side track, and upon execution of said
agreement this Agreement shall terminate.
6. Industry shall reimburse Railroad the cost of installing,
maintaining and removing any derails required by Railroad because
of the operations of Industry.
7. Industry acknowledges its responsibility to comply with
all laws and with requirements of environmental and other
governmental agencies applicable to Industry's use of such tracks
for storage. Industry specifically acknowledges its responsibility
to make such reports and filings as may be required under
applicable law because of the placement or storage of cars upon the
subject tracks. It is the express intention of the parties hereto,
both Railroad and Industry, that the indemnity provided for in this
paragraph indemnifies Railroad from and against all losses,
damages, liabilities, penalties, fines, claims and deznands
whatsoever, regardless of the cause thereof, and expenses in
connection therewith, including reasonable attorney's fees, arising
out of violations or alleged or asserted violations of such laws
and requirements. This covenant of indemnity shall continue in
full force and effect notwithstanding the full payment of all sums
due under this Agreement, or the satisfaction, discharge or
termination of this Agreement in any manner whatsoever.
In the event of any leakage or spillage, Industry shall at its
own expense promptly clean Railroad's premises to the satisfaction
of Railroad, the Environmental Protection Agency and/or any public
body having jurisdiction in the matter. Should any such leakage or
spillage result in a fine, penalty, cost or charge being suffered
or incurred by Railroad, Industry shall promptly and fully
reimburse and indemnify Railroad for or on account thereof.
B. in the event there is installed or used a gate, fence on
premises of Railroad, door, unloading pit, scale, car -moving device
or any loading or unloading device across, over, beneath, on or
adjacent to said Track, Industry shall, whenever said facilities
are not in use and when Railroad is operating or about to operate
4
Jun. 22. 2006 10:42AM Savage Services Corporation
Ybzsa 1-7331 Approved ae to rorm by +semerat Laumset
Rerxaed: Docimbor 2, 1992
No. 91733 P.._ 6,
on said Track to serve Industry, cover, open, remove or retract and
securely fasten such facilities to such position as to provide
clearances prescribed herein and align the deadrail, if any, of
said scale with said Track so as to permit operation by Railroad
thereover, or shall install an operating limit sign if the scale
will not permit operation thereover by Railroad. Said facilities
shall be installed and maintained by Industry at its own expense
and to the satisfaction of Railroad and in conformance with any
ordinance, rule or regulation of any public body having juris-
diction in the matter. Said facilities shall not be installed
across, over, on or adjacent to trackage of Railroad, or beneath
said Track, nor shall any door be installed across said Track
without the prior written approval of Railroad.
Said gate or door may be opened and fastened by employees of
Railroad or of Industry as their local representatives may from
time to time agree; provided, however, that Railroad shall not be
obligated to open said gate or door, and, upon request of Railroad,
Industry shall open and fasten said gate or door as herein
provided.
In lieu of covering said pit as herein provided, Industry may
install and maintain such grill cover thereover as may be approved
by the public body having jurisdiction in the matter.
Industry hereby releases and agrees to indemnify Railroad, its
agents, successors and assigns, from all liability, cost and
expense (including, but not limited to, loss of or damage to the
property of either party and injury to or death of agents or
employees of either party) resulting ,from the construction,
reconstruction, presence, maintenance, use or removal of said gate,
fence, door, unloading pit, car -moving device, scale, or loading/
unloading device, except when due to the sole negligence of
Railroad. Industry further releases and agrees to indemnify
Railroad from any liability, cost or expense resulting from failure
or alleged failure of the representatives of Railroad to close said
gate.
It is the express intention of the parties that the indemnity
provided for in Sections 7 and 8 hereof, indemnifies Railroad for
its own negligence whether that negligence is active or passive or
a concurring cause of the death, injury, loss or damage provided
that said indemnity shall not protect Railroad from: liability for
death, injury, loss or damage arising from the sole negligence,
5
• Jun. 22. 2006 10:42AM Savage Services Corporation
form I,-7331 F.ppxoved as to form by Genera= Counsel
Revised: December 2, 1992
No. 9173 2 P: 7
willful misconduct or criminal actions of Railroad, its officers,
agents or employees.
Should it become necessary at any time in the future, due to
changes in said Track or for any other reason, to remove,
reconstruct, alter or change the location of said facility or
facilities, Industry shall, at its own expense, make such changes
as may be necessary.
Upon termination of this Agreement, Industry shall promptly
remove said facilities from Railroad's premises and restore said
premises at its own expense and to the satisfaction of Railroad.
Each of the facilities mentioned above shall designate the
plural number if there is more than one installed.
9. The term "Railroad" as used in Sections 4, 7 and 6 hereof
shall include the affiliated companies of Railroad and any other
railroad company operating on said Track with the consent of
Railroad.
10. Industry, upon request of Railroad and before any work to
be done hereunder by Railroad at the expense of Industry is
commenced, shall deposit with Railroad the•estimated cost of said
work. If the actual cost thereof shall prove more or less than
said deposit, the difference shall be promptly paid by Industry or
refunded by Railroad, as the case may be. If Railroad shall
perform any work hereunder which Industry is obligated to perform
or pay for without first obtaining deposit from Industry, Industry
agrees to pay Railroad the cost of said work promptly upon receipt
of bills therefor.
Prior to performing any work on Railroad's premises, Industry
shall give Railroad's Division Engineer five (5) days' written
notice, and, upon request, provide Railroad with certified copy of
insurance policies in form and amounts satisfactory to Railroad,
insuring Industry's and Railroad's liability for any bodily injury
or property damage sustained in connection therewith. Said
insurance shall be subject to termination only upon ten (10) days'
written notice to Railroad. Any contractor performing any of such
work for Industry shall be required by Industry to execute
Railroad's standard forts of Contractor's Right of Entry permit
before commencing such work.
6
Jur. 22. 2006 10:43AM Savage Services Corporation
Foci L-7331 Appzovtd as to form by c-eneral Cocnsrl
• Reviset: December 2. 1992
No. 9173 P. 8,
.inuuary 3, 17),.;
11. This Agreement shall take effect as of the 1st day of
June, 1996, and shall inure to the benefit of and be binding upon
the heirs, executors, administrators, successors and assigns of the
parties hereto.
12. This Agreement may be terminated by either party upon
thirty (30) days' written notice to the other party to that effect;
provided, however, that said termination shall not release Industry
from any liability hereunder, whether of indemnity or otherwise,
resulting from any acts, omissions or events happening prior to
such termination.
13. Industry shall pay to Railroad upon execution hereof, the
sum of Four Hundred Seventy-five Dollars ($475) partially to defray
cost of handling.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement in duplicate the day and year first above written.
SOUTHERN PACIFIC TRANSPORTATION
WITNESSED BY:
COMPANY
By
(ale) Manager Contracts
THE DENVER AND RIO GRANDE WESTERN
RAILROAD COMPANY
0
BY k.."1,01-6e/z .7-2":7„,e
(TTtle) Manager Contracts
SAVAGE INDUSTRIES, INC.
By
(Title)
NOT: If Industry is an incorporated company, agreement should be
executed by an authorized officer 'thereof and his title indicated,
otherwise signature should be witnessed by an employee of Railroad,
if practicable; if not, by a disinterested party.
7