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<br />
<br />Contract lam. 2 9 9 6 ~ -~
<br />PRIVATE WAY LICE
<br />THIS AGREFTffiNC, Made a,d entered into this 5th day of March, A.D. 1987, by and between Tl1E OENVNII
<br />AND RIO GRANDE WFSIERN RAILRU4D C~ANY, a corporation of the State of Delaware, hereinafter called the
<br />"Licensor" perry of the ficst part, and B04RD OF OOUNIY OOhMTSSI0NER5 OF THE COUNTY OF RIO GRANDE, P. 0.
<br />"': .Box 396, Del Norte, Colorado 81132 hereinafter called the "Licensee" party of the second part:
<br />WfINESSEIH, That the Licensor, for and in consideration of the covenants and agreements of the
<br />Licensee herein contained and upon the terms and conditions hereinafter set Forth, hereby licenses and
<br />permits the constriction, maintenance a,d use of the Private Way or private ways hereinafter described
<br />(hereinafter called "Private Wad') across the right of way and track or tracks of the Licensor as herein
<br />specified, to wit:
<br />A 24 foot wide private roadway acd crossing at grade exte,ding across the right
<br />of way and trackage of the Licensor's Creeds Branct, main track at Mile Post 292
<br />plus 4768 feet, located in the N+l quarter of Sec. 27, T40N, R4E, of the
<br />N.M.P.M., near Granger, Rio Grande County, Colorado, as shown in yellow on the
<br />attached map, Dwg. No. G-478.
<br />Tnia license is expressly conditioned upon the perfonrence by the Licensee of all and singular the
<br />covenants and agreements hereinafter set forth to be by said Licensee kept and performed, each of said
<br />owenants std agreements being hereby made a condition; and it is also hereby stipulated that a waiver by
<br />the Licensor of any breach of any condition shall in no way impair the right of the Licensor to avail
<br />itself of a,ry subsequent breach of the sale or any other condition.
<br />PRNATE WAY as and wherever said term is employed herein, shall Wean a way for travel for
<br />pedestrians, vehicles, implements and live stock. it is expressly stipulated that the Private Way is to
<br />be a strictly private ore a[d is not intended for public use. Licensee agrees said Private Way shall be
<br />used for the following purpose and for no other, to-wit:
<br />for gravel haul to and fmn County pit.
<br />And said term shall include such grading, approaches, planking, ditches, drains, tiling, drain
<br />boxes, culverts, cattle guards, wing fences and fences, gates with proper hinges acd latches, raising of
<br />Oelegraph, telephone and signal wires for proper clearance, and such signals, bells, sign post and signs
<br />aid other safey devices as shall in the particular instarn:e be required by the Licensor, or which may now
<br />or hereafter be prescribed and required by any law, State or Federal, or by any order of any officer or
<br />regulatory board, State or Federal, having jurisdiction over such matters.
<br />Tne foregoing license is subject to all outsta,ding superior rights (including those in favor of
<br />telegraph and telephone camparues, lessees of said rightbf~+ay afd others) and the right of tl,e Licensor
<br />to renew and extend the same.
<br />1. If the Licensor shall elect to construct said Private Way or a portion thereof, and shall so
<br />ro[iEy the Licensee, the Licensee agrees to pay to the Licensor, in advance, such sum of mn,ey estimsts3
<br />to be $5,050.00 as shall be necessary to construct such portion or all of said Private Way, including the
<br />cost of all necessary material and the transportation thereof and the cost of all labor a,d
<br />_ superintendence. iE the Licensor shall elect not to construct said Private Way, the Licensee shall
<br />furnish material for, and construct said Private Way at the sole cost and expense of the Licensee, in such
<br />manner a[d according to such plans as the Licensor may deem best for the safety and proper protection of
<br />' the track, roadbed and premises of the Licensor. If the amount to be advanced by the Licensee as
<br />hereinbefore provided should be in excess of [he amx,nt required, the excess shall be returned to the
<br />Licensee, if suet, anount should not be sufficient to corer the expense of work done by the Licensor, the
<br />Licensee shall pay such additional amount Co the Licensor on denand.
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