ST7301-ES 810224APPROVED AS TO FORM BY GENERAL COUNSEL
MARCH 15. 1973
C.S.7362
RELMIS: TCC-609.34-X (N)
STREET OR HIGHWAY EASEMENT
~"wq~
m enIure, made this day of . 19 . by and between
ST. LOUIS SOUThqqESTERN RAILWAY COMPANY OF TEXAS, a Texas corporation, and
ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, a Missouri h~hv~q~F'va~d-
corporation, hereinafter collectively termed "Railroad," and
CITY OF COPPELL, City Hall, Coppell, Texas 75019,
herein c~lled "Grantee";
;T. LOUIS SOUTHWESTERN RAIL-
WAY COMPANY OF TEXAS,
;y
1. That Railroad hereby grants to Grantee the right to construct, reconstruct, maintain and use a ~treet or highway,
hereinafter termed "highway", upon and across the rea] 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 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 pro-
perty 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 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 42) 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 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 contractor'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-
taining 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 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 posses.sion 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 be performed by Railroad at the
e~xpense of Grantee, which expense Grantee agrees to pay to Raih'oad upon demand.
10. This indenture shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto.
11. Sections 12 to 21, inclusive, on the attached insert, are hereby made
parts of this indenture.
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 C Y OPP L,
(Title)
.ttest:
RAILWAY COMPANY,
By
(Title) ' )
Attest:
Assistant Secretary Assistant Secretary
INSERT
Esters Road Crossing No. TCC-609.34
City of Coppell, Texas
12. Railroad shall furnish all necessary labor, materials, tools
and equipment and shall perform the following work:
(a)
Install two (2) flashing light grade crossing signals
equipped with automatic gate arms, together with neces-
sary actuating and oPerating circuits and adequate
instrument housing, hereinafter collectively referred
to as "signals," at said highway. Said signals shall be
located approximately as shown on the print of Railroad's
Drawing 81-9360 dated February 24, 1981, attached and made
a part hereof. Installation of and all materials for said
signals shall be in accordance with Railroad's usual standards.
(b)
Remove existing crossing surface, rails, ties, ballast
and subgrade, install subgrade stabilization, engineering
fabric and crossing drainage, and install new ties, ballast,
trim and continuous welded rails through the crossing area
of Railroad's mainline track.
(c) Install timber planking ~along the rails of the tracks through
the crossing area of~.all tracks through the said highway.
Grantee agrees to reimburse Railroad for.one hundred percent (100%)
of the cost and expense incurred by Railroad in furnishing materials and
performing work as set forth in Section 12.
13. Grantee, at Grantee's expense, shall furnish and install neces-
sary paving, including paving in the widened portions of the crossing area,
together with all curbs, gutters, sidewalks, raised center median islands
and other street facilities.
14. In addition to the portions of said highway specified in Section
7 hereof, Grantee, at Grantee's expense, shall maintain all curbs, gutters,
sidewalks, raised center median islands and other street facilities.
15. After the work contemplated herein has been completed, Railroad
shall maintain said flashing light signals and appurtenances so long as
same shall remain in place. If federal funds for maintenance become avail-
able, Railroad shall be reimbursed to the extent of such availability.
In the event one or more of the said signals, as hereinabove described,
are partially or wholly destroyed by highway traffic or vandalism, and its
or their replacement value or cost of repair cannot be recovered from the
person or persons responsible for such destruction, Grantee will cooperate
with Railroad in determining the location and identification of the parties
responsible to the extent of making accident records available, subject to
Page 1 of Insert
any apportionment which may be prescribed by law, the balance of said
cost or repair or replacement shall be borne by Grantee, in the same
percentage as its percentage of costs of construction of said signals
and appurtenances and any remaining balance shall be borne by the
Railroad.
16. Ail drainage facilities shall be constructed to Railroad's
standards and the plans and specifications therefor shall be subject
to the approval of Railroad. Grantee, at Grantee's expense, shall
construct, reconstruct and maintain said drainage facilities, including
any drainage ditches within the easement area.
17. In the event Railroad is unable to complete the work to be per-
formed by Railroad hereunder concurrently with Grantee's highway construc-
tion, Grantee, at its expense, shall furnish, properly install and maintain
such barricades, warning lights and other implements or de~ices as are
necessary and appropriate to guide and channel highway traffic safely over
the existing railroad crossing until such time as work to be performed
by Railroad is completed.
18. If, after eleven (11) years from the date hereof, said signals
and appurtenances are no longer required at said highway, Railroad may
remove same at Railroad's own cost and expense and retain any salvable
material recovered therefrom.
19. Following execution of this instrument, Railroad will order the'-
delivery of all materials required to perform the work contemplated here-
in andshall 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 fur-
nished 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.
20. The work to be performed by Railroad hereunder shall be commenced
as soon as labor and materials are available following execution of this
instrument and shall be completed within one (1) year thereafter.
21. The parties intend that the promises and obligations of this in-
denture 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 parcel of land out of the S.A. & M.G.R.R. Survey,
Abstract No. 1439, and the J. A. Simmons Survey, Abstract No.
1296, situated in the County of Dallas, State of Texas, more
particularly described as follows:
Beginning at the point of intersection of the proposed
westerly right of way line of Esters Road with the northerly
line of land (100 feet wide) of St. Louis, Southwestern Railway
Company of Texas;
Thence North 87°24'00'' East along said northerly
line, 100.00 feet to a point in the proposed easterly right of
way line of said Esters Road;
Thence South 12°36'00'' East along said easterly right
of way,line produced across said Railway Company's land, 101.50
feet to a point in the southerly line of said Company's land;
Thence South 87°24'00'' West along last said line, 100.00
feet to a point in the southerly prolongation of said westerly
right of way line;
Thence North 12"36'00'' West along last said prolongation
101.50 feet to the point of beginning, containing an area of
0.229 of an acre, more or less.
- Page 1 of 1 -
MINYARD PROPERTIES INC.
Retire 36' Sectional Timber X-in,
P, Install Z-2'~" Full Timber
X-ings - Rwy.
27" R,C.P
To Ft. Worth
,~_"_P. L_gm~.~c~a _P~,ro_~r.
voted
~ Water
/ Tank
~ = ~ro. Easement to the
City of Coppell
Red = Construct Rwy.
Yellow = Retire Rwy.
.. Orange = Construct City
= Rwy. R.O.W.
COPPELL COMMERCE
E~[end E,~ist,ng 56
X-ing 8- Rwy.
xist. 4" Gas Line
CENTER'
_1~" EL._Ex~lo-~er P~L-.__Co.
:: To MI. Pleasant
Branch 5~o, ~
~XAS STOCK TAB
Ins Flashing Lights
witl~ Gates- Rwy.
SOUTHWESTERN
DRIVE
SW.T.L.
ST. LOUIS SOUTHWESTERN RAILWAY COMPANT
CO~-"T- 'T't
6O9°
Proposed Widening and TmDrovements
of Esters Road
Office of Area Engineer
Dallas, Texas
Scale: 1" = 100' Dwg. 81-9360
Date: 2-2~-81MLS Case 1 Drawer 1-8