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C.~NvE <br />eunuNOTON <br />NORTHERN <br />RAILROAD <br />RIGHT-OF-WAY OCCUPANCY PERMIT NO. RW94-22596 <br />THIS AGREEMENT made this 20th day of July, 1994, between BURLINGTON NORTHERN RAILROAD COMPANY, <br />a Delaware corporation, hereinafter called "Burlington" whose post office address is 2000 first Interstate Center, <br />999 Third Avenue, Seattle, Washington 981041105, and <br />SOUTHDOWN, INC. <br />whose post office address is <br />5734 Ute Highway <br />P.O. Box 529 <br />Lyons, Colorado 60540 <br />hereinafter called "Permittee," <br />WITNESSETH: <br />Burlington, for and in consideration of the fee herein provided to be paid to it by Permittee and of the <br />covenants and promises hereinafter made to be observed and performed by Permittee, does hereby grant to <br />Permittee license and permission to excavate for, construct, maintain, and operate <br />T THE SAME LOCATION AS <br />E -16098 THE C ORT CRUSHED ROCK FROM <br />THE MINE TO THE CEMENT PLANT. A CAT WALK WILL BE ATTACHED TO THIS CONVEYOR SYSTEM TO ALLOW ACCESS <br />FOR PERIODIC MAINTENANCE. <br />hereinafter referred to as the "Facility," upon the right-of-way of Burlington or underneatfi the surface thereof of <br />Burlington's track, as the case maybe, at or near <br />MEDBERY, in the County of Boulder, State of COLORADO, <br />to be located as follows, to wit: <br />Line Segment: 0179 Milepost: 467 333 <br />Permittee in consideration of such license and permission hereby covenants and promises as follows: <br />1. Permittee will pay in advance to Burlington for this permit the sum of THREE HUNDRED DOLLARS <br />(E300.00) for the first TEN (10) year period hereof and ONE HUNDRED FIFTY DOLLARS (5150.00) for each subsequent <br />TEN (10) year period that this Permit remains in effect and Permittee will also pay or reimburse Burlington for all <br />taxes and assessments that may be levied or assessed against said Facility. Burlington reserves the right to change the <br />fee on future Permits at any time without notice. This provision shall in no way affect Burlington's right to terminate <br />said Permit pursuant to Paragraph 10 hereof. Either party hereto may assign any receivables due them under this <br />Agreement, provided, however, such assignments shall not relieve the assignor of any of its rights or obligations <br />under this Agreement. <br />RNYOuupangPermit <br />