ST8401-ES 860114 APPROVED AS TO FORM BY GENERAL COUNSEL C.S.7362
MARCH 15.1973
STREET OR HIGHWAY EASEMENT
~"~ '-~m~emure, 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:
P. O. Box 478
Coppell, TX 75019 herein called "Grantee":
tmesse 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 righ~ 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 originally constructed, except that lighting fixtures and simi-
lar 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 pm-
petty 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
shall such removal affect Railroad's tide to the underlying property.
This grant is subject to all licenses, leases, easements, restrictions, conditions, covenants, encumbrances. Hens 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 shall not be construed as conveying or otherwise vesting in Grantee 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 shah 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 contractor's
agreement prior ~o commencing any work on Railroad's premises.
7, Except as herein otherwise provided, Grantee shall bear the entire expense of constructing, reconstructing and main-
tai, ning 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 bet~veen lines two (2) feet outside the rails of each track
locawd 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 event, 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 construction
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 shall at once have the right, in addition to but not in qualification of the rights hereinabove re-
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 -~hereof. Should Grantee in such event fail, neglect or refuse
to so remove said highway and restore said property, such removal and restoration may be performed by Railroad at the
expense of Grantee, which expense Grantee agrees to pay to Railroad upon demand.
10. This indenture shall ~nure to the benefit of and be binding upon the successors and assigns of the parties hereto.
11. Sections 12 to 17, inclusive, on the attached insert, are hereby made parts of this
IN WITNESS WHEREOF. the parties hereto have caused these presents to be executed in duplicate as of the day and
year first herein written.
ST. LOUIS SOUTHWESTERN RAILWAY CITY OF COP~LL, "
COMPANY,
By
(Title) Mayor:
Assistant Secretary Clerk
INSERT
MacArthur Boulevard Crossing TCC-606.20
City of Coppell
12. Railroad shall furnish the necessary labor, materials, ~ools
and equipment and shall perform the following work:
(a) install four (4) flashing light grade crossing
signals equipped with automatic gate arms, two
(2) of which shall be equipped with additional
light units mounted on cantilever arms, together
with necessary actuating and operating circuits
and adequate instrument housing, hereinafter
collectively referred to as "signals," at said
highway. Said signals shall be located approxi-
mately as shown on the print of Railroad's Drawing
85-9732 revised November 5, 1985, attached and
made a part hereof;
(b)prepare tracks, including necessary relay of rail
and ties; and
(c) install a rubber pad crossing through the entire
crossing area.
Grantee agrees to reimburse Railroad for one hundred percent (100%)
of the cost and expense incurred by Railroad in furnishing ma~.erials and
p~rforming the wor~k specified in this Section 12;~eT~t~C S~ ~
13. Following execution of this instrument, Railroad will order the
delivery of all materials required to perform the work contemplated here-
in 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 per-
cent (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 per-
formed 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. 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.
15. The work to be performed by Railroad hereunder shall be com-
menced as soon as labor and materials are available, following execution
of this instrument. Railroad shall use its best efforts to complete its
work herein described wiLhSL~ four (4) month% of thc daL~ ef cxc~ution of
16. Upon the opening of said highway to public use, the existing
crossings at Mile Posto $02.25 an1,606.49 shall be removed and closed to
public use. ~
17. 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"
BEING a tract of land in the City of Coppell out of the Singleton
Thompson Survey, Abstract No. 1493, Dallas County, Texas and being more partic-
ularly described as follows:
COMMENCING, at a 3/8-inch iron rod found at the intersection of the
Southeast Property Line of a 130-foot Dallas Power and Light Co. Right-of-Way,
as recorded in Volume 4594, Page 302 of the Deed Records of Dallas County,
Texas, with the Northerly Line of the St. Louis Southwestern Railway Company's
land (100 feet wide);
THENCE, S 86° 21' 18" E, along the said Northerly Line of the St. Louis
Southwestern Rai. lway Compan%'s land, a distance of 674.44 feet to the PLACE OF
BEGINNING.
THENCE, S 86° 21' 18" E, continuing along said Northerly line, a distance
of 180.22 feet to a point for corner;
THENCE, S O0° 02' 08" W, a distance of 100.20 feet to a point for corner
in the Northerly Line of Belt Line Road {120-foot R.O.W.};
THENCE, N 86' 21'18" W, along last said Northerly Line of Belt Line Road,
and also the Southerly Line of land {100 feet wide) of St. Louis Southwestern
Railway Company, a distance of 180.22 feet to a point for corner;
THENCE, N O0° 02' 08" E, a distance of 100.20 feet to the PLACE OF BEGIN-
)~ING:
CONTAINING, 0.4137 acres (18,021.87 sq. ft.) of land.-
Page i of 1
14'5' '
E.S. 6683~59.3
M.P. "C" 60 6.20
Proposed (2) 56"x 148' R.C.P. '"> ..~
~./18~2Z.' %,. %,j'.Propose~ Conh-Lever SignM 'N
BELT LlIVE ~, ROAD
4
tOO'
Scale:
4 45 I
0 ~ (2)56'~ I~' ~(3)24"x 150' o
f"=~O' Hot.
,"= ,0' VerR
COPPELL~ TEXA
X-SECTION OF R OW ~LONG PRO ~ OF CROSSING Pro~se8 MocArt~ur 8oulevord_
CITF OF CO,ELL
Offi~ Of Ar~
LEGEND -'- --
~[ Az Shewfl
..................... Red-Pro. Con,ruction ~ TCC ~.6~.~ ~m 85~97~2~