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RE 10-09-85.3 RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. 100985.3 WHEREAS, it has become necessary to pass a Resolution regarding the agreement with St. Louis Southwestern Railway Company for the railroad crossing at Mockingbird in the City of Coppell, Texas; and WHEREAS, conditions are such as to warrant the passage of said Resolution; and V~'HEREAS, moreover, on the 9th. day of October, 1985, the City Council did meet to pass said Resolution: Therefore be it RESOLVED, that the City of Coppell accepts the agreement issued by St. Louis Southwestern Railway Company; and be it RESOLVED further, that Mayor Lou Duggan is duly authorized to sign the agreement on behalf of the City of Coppell. DULY PASSED by the City Council of the City of Coppell, Texas this the 9th. day of October, 1985. APPROVED Ivl~_'~o R ATTEST: CI1Y g-ECP~TARY APPROVED AS TO FORM: CITY ATTORNEY RELMIS: TCC-606.83-X (N) STREET OR HIGHWAY EASEMENT APPROVED AS TO FORM BY GENERAL COUNSEL C.S 7362 MARCH 15,1973 STREET OR HIGHWAY EASEMENT This Indenture, made this day of , 19 , by and between ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, a Missouri corporation__ herein called "Railroad", and CITY OF COPPELL, a municipal corporation of the State of Texas, address: City Hall, Coppell, Texas, herein called ~ffnesse~h: 1. That Railroad hereby grants to Grantee the right to construct, reconstruct, maintain and use a street or highway, hereinafter termed "highway", upon and across the real property described on the attached Exhibit "A". 2. The rights herein granted are expressly limited vertically and shall not extend beyond a plane parallel with and twenty (20) feet above the roadway surface of the highway as origina]ly constructed, except that lighting fixtures and simi- lag' highway appurtenances may extend above said plane, provided that any such facilities will be removed or rearranged within thirty (30) days after notification from Railroad that such facilities interfere with Railroad's intended use of the space above said plane. 3. This grant is subject and subordinate to the prior right of Railroad, its successors and assigns, to use all the pro- perry described in the performance of its duty as a common carrier, and there is reserved unto Railroad, its successors and assigns, the right to construct, reconstruct, maintain, use and remove existing and future transportation, communication· power and pipeline facilities in, upon, over, under, across or along said property. In the event Railroad trackage facilities are removed from said property, Railroad shall not be obligated to make any change in the grade of said highway, nor shah such removal affect Railroad's title to the underlying property. This grant is subject to all licenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens and claims of title which may affect said property, and the word "grant" shall not be construed as a covenant against the existence thereof. 4. The rights herein granted shall lapse and become void if the construction or reconstruction of said highway is not commenced within two (2) years from the date first herein written. 5. This grant shal] not be construed as conveying or otherwise vesting in Gran~e the right to install or to authorize the installation of any ditches, pipes, drains, sewer or underground structures, or the facilities of any telegraph, telephone or electric power lines in, upon. over, under, across or along said property, except as necessary for maintenance of said highway. 6. Grantee shall obtain any necessary governmental authority to construct, reconstruct, maintain and use said highway. Any contractor performing work on the property herein described shall execute Railroad's standard form of con~ractor's agreement prior to commencing any work on Railroad's premises. 7. Except as herein otherwise provided, Grantee shall bear the entire expense of constructing, reconstructing and main- tanning said highway· The crossing of said highway over any tracks of Railroad shall be constructed and maintained at the grade of said tracks now or hereafter existing. After the construction or reconstruction of said highway has been completed· Railroad shall maintain the surface of that portion of said highway between lines two (2) feet outside the rails of each track located thereon. Should Railroad abandon tracks leading to said highway, Railroad may abandon its rails, ties and appurte~ nant materials and leave same in place, In such evenL Railroad shall not be liable for maintenance of the portion of said highway specified above. 8. As part consideration herefor, Grantee agrees to pay Railroad an amount equal to all assessments levied by any lawful body against the property of Railroad to defray any part of the expense incurred in connection with the construct/on or reconstruction of said highway commenced within two (2) years from the date first herein written. 9. Should Grantee at any time abandon the use of said property or any part thereof, or fail to use the same for said purpose for a continuous period of one (1) year, the rights granted shall cease to the extent of the use so abandoned or discontinued, and Railroad shaN at once have the right, in addition to but not in qualification of the rights hereinabove served, to resume exclusive possession of said property or the part thereof the use of which is so discontinued or abandoned. Upon termination of the rights hereby granted, Grantee agrees to remove said highway, including the paving· from said property of Railroad, to restore said property as nearly as practicable to the same state and condition in which it existed prior to construction of said highway, and to bear the expense thereof. Should Grantee in such event fail neglect or refuse to so remove said highway and restore said property, such removal and restoration may b~ performed by Railroad at the expense of Grantee, which expense Grantee agrees to pay to Raih'oa(! upon demand. 10. This indenture shall inure to the b~:}efit of and be bindin~ upon ~be successors and assigns of the parties hereto. 11. Sections 12 ~o 16, inclusive, on the attached insert, are hereby made parts of this indenture. IN WITNESS WHEREOk, the pz,-[ies hereLo have caused these presents to be executed in duplicate as of the day and year first herein wri;;en. ST. LOUIS SOUTHWESTERN RA~LW3~Y CITY OF COPPELL, COMPANY, ~~. ~ By B f, , Ass. r-.an-~ Secretary ~, ~7 Clerk INSERT Mockingbird Lane Crossing TCC-606.83 City of Coppell 12. Railroad shall furnish the necessary labor, materials, tools and equipment and shall perform the following work: (a) install two (2) flashing light grade crossing signals augmented with automatic gate arms, together with necessary actuating and operating circuits and adequate instrument housing, herein- after collectively referred to as "signals," at said highway. Said signals shall be located approximately as shown on the ~rint of Railroad's Drawing 84-9707 dated July 2, ~9847 attached and made a part hereof. Installation of and all mate- rials for said signals shall be in accordance with Railroad's usual standards; * Revised 1/29/~5 (b) prepare track, including any necessary relay of rail and ties; and (c) install approximately forty-two (42) feet of rubber pad crossing surface. Grantee agrees to reimburse Railroad for one hundred percent (100%) of the cost and expense incurred by Railroad in furnishing materials and performing the work specified in this Section 12. 13. Following execution of this instrument, Railroad will order the delivery of all materials required to perform the work contemplated herein and shall submit to Grantee a bill for eighty percent (80%) of Grantee's share of the estimated cost of materials to be furnished by Railroad. As soon as the crossing signals and/or the crossing surface have been placed in operation, Railroad shall submit to Grantee bills ~ for eighty percent (80%) of Grantee's share of the estimated cost of applicable labor furnished by Railroad. Following completion of audit, Railroad shall submit to Grantee a final bill for the actual total cost of the work performed by Railroad, less the progress payments made by Grantee hereunder. Grantee shall pay all of such bills promptly. In the event progress payments made by Grantee exceed the audited total final cost, the difference shall be promptly refunded to Grantee by Railroad. Page 1 of Insert 14. The work to be performed by Railroad hereunder shall be com- menced as soon as labor and materials are available, following execu- tion of this instrument, and shall be completed within one (1) year thereafter. 15. After installation of said signals has been completed, Rail- road shall maintain same so long as they remain in place. If federal funds or any other governmental funds for maintenance become available, Railroad shall be reimbursed to the extent of such availability. 16. The parties intend that the promises and obligations of this indenture shall constitute covenants running with the land so as to bind and benefit their respective successors and assigns. Page 2 of Insert EXHIBIT "A" A tract of land situated in the James Parrish Survey, Abstract No. 1139, the J. G. Carlock Survey, Abstract No. 312, and the J. C. Cook Survey, Abstract No. 315, said tract also being in the land (100 feet wide) of St. Louis Southwestern Railway Company, City of Coppell, Dallas County, Texas and being more particularly described as fellows: BEGINNING at a point in the northerly line of said Company's land, that is distant 50 feet northerly, measured at right angles, from the existing center line of St. Louis Southwestern Railway Company's main track (Fort Worth Branch) at Engineer Station 6715+39.7~ THENCE, South 70© 15' 50" East along said northerly line 80.0 feet to a point for corner: THENCE, South 19° 44' 17" West 100.0 feet to a point in the southerly line of said Company's land for a corner: THENCE, North 70° 15' 50" West along said southerly line and also the northerly line of Belt Line Road (120 feet wide), 100.0 feet to a point for corner: THENCE, North 19° 44' 17" East 100.0 feet to a point in said northerly line of Company's land for a corner: THENCE, South 70© 15' 50" East along last said northerly line, 20.0 feet to the True Point of Beginning, containing an area of 0.230 of an acre, more or less. -Page 1 of 1- ******************MAP CAN BE VIEWED IN IMAGE MODE ONLY