ST8201-CN 881025 GINN, INC. CONSIILTING
er 25, 1988
Ms. Dorothy Timmons, city Secretary
City o~oppell ' ~ ~ 1988 ,
P.O. BOX ~7S
Coppell, ~xas 75019 ·
Re: Ra_i!roa.~Agreement for the Denton Tap Road Improvem~ t ~ from
Belt ~in~oad to Sandy Lake Road, Coppell. .
Dear Ms. Timmon~
We are transmitt~g an original copy of the fully executed
agreement between~the City of Coppell and the St. Louis
Southwestern Railway~Company covering the abovementioned road
improvements and th~ proposed new signal and crossing
installation. We have made a copy for our permanent project
files and provided one for the Engineering Department for their
files.
If you should have any questions regarding the above, please feel
free to call me.
S~ncerely,
John C. KarlSruner, P.E.
Project Engineer
/
EnclosUres
Fran~ Trango
H. yne Ginn, P.E.
Fil J-378
J378RRAG
17103 Ih'cslo. Road · Suilc 100 · I,B 118 · I)allas. Tcxas 75248 · I'honc 214/248-4900
J.W. CLARK
DIVISION SUPERINTENDENT
1400 EAST SECOND
C BRADLEY October 191 fINE BLUFF, ARKANSAS 71601
DISTRICT SUPERINTENDENT IHO 84344
Mr. John C. Karlsruhr, P. E.
Ginn, Inc.
17103 Preston Road, Suite 100, LB 118
Dallas, Texas 75248
Dear Mr. Karlsruhr:
Attached, so that you can pass on to the City of Coppell, is City's
duplicate Street Easement covering Denton Tap Road.
Ail materials for this project have been ordered and should be arriving
in the near future. We should have no problem starting work in November
as you mentioned in your letter.
Yours very truly,
Superintendent
AS/db
Attachment
INSERT
DENTON TAP ROADu CROSSING TCC-608o34
CITY OF COPPELLu TEXAS
12. Railroad, at the expense of Grantee, shall furnish the
necessary labor, materials, tools and equipment and shall perform the
following work:
(a) Install four (4) flashing light grade crossing signals with
automatic gate arms, two (2) of which will have additional
light units mounted on cantelever 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 approximately
as shown on the print of Railroad's Drawing 87-9825, dated
April 10, 1987, attached and made a part hereof. Installation
of and all materials for said signals shall be in accordance
with Railroad's usual standards, such installation shall
include removal of existing warning devices:
(b) remove existing crossing surface:
(c) prepare tracks including relay of rail and ties: and
(d) install a rubber pad crossing through the existing and widened
portions of the crossing area.
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. The estimated amount
reimbursable to Railroad by City hereunder is Two Hundred Five Thousand
Seven Hundred Nine Dollars ($205,709).
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 p.ercent (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 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.
14. 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.
15. After installation of said signals has been completed, Railroad
shall maintain same so long as they remain in place. If federal funds,
_or .any qth.er governmental funds, for maintenance become available,
Kailroaa snalI 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.
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COPPEL L~
/ Proposed Improvemenfs To Denton Tap ~ood
CITY OF COPPELL
/
Engineering Oeporfmenf
,' ..; ~ LEGEND ~ Oollos, Texos
EXHIBIT "A"
All that certain piece or parcel of land situate in the
City of Coppell, County of Dallas, State of Texas, and more
particularly described as follows:
Beginning at the intersection of the easterly line of
Denton Tap Road with the northerly line of land of the St. Louis
Southwestern Railway Company, 100 feet wide: thence North
75°12'35'' East, along said northerly line, 34.98 feet: thence
South 0°12'15'' West, 103.53 feet to a point in the southerly line
of said Company's land: thence South 75"12'35'' West, along last
said line, 168.38 feet: thence North 0°12'15'' East, 103.53 feet
to a point in said northerly line: thence North 75"12'35" East,
along last said line, 133.40 feet to the point of beginning, con-
taining an area of 16,838 square feet, more or less.
- Page 1 of 1 -
~AF/rb - VI- 4/8/88 - 6000/323-2
STREET OR HIGHWAY EASEMENT,,'urn' No. ............... ~' ~)/ !
·his l~enture, mM. thi, /5 ~ day of ,~ ,19 ~. by a~ betw~n
ST. LOUIS SOUTHWESTERN RAILWAY CORPO~TION,
a Missouri corporation, herein call~ "~ilroad". and
CITY OF COPPELL, a municipal corporation of the State of Texas,
address: City Hall, Coppell, Texas, herein called"Gran~":
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 propeL~cy 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 assign~
petty described in the ~.n.~ ^~ ~*o ~..~ ........... ' '
STATE OF CALIFORNIA
City and County D~ San Francisco~) ss.
~undred
and
Eighty
On this ~ day o~~'~¢¢~(5~ ' in the year One
Thousand
Nine
before me, SANDR0 P. NICOCCI, a Notary Public in and ~or the City end--County o{ San
FranciSco~ State ol Cali~ornia~ personally appeared N. E. FONLER~ personally knoNn
to me (or proved to me on the basis o~ satisfactory evidence) to be the
CDntracts and ~oint Faci]ities,~ol the corporation described in and that executed the
~thin instrumeot~ and alSD known to se to be the per,on who executed it on behall
--.~-~~_...~-': .~ the corporation therein named and he acknouledge to me that such CDrporation executed
'; ::')!;:0 P. MICOCCl <<:' the sase.
"~. .:". PU DLIC-CALIFORN IA~:[~'~*~i- · at lyON o~ ~ i c e # IINESSin#HEREDF)the City I andhaVecountyhereunt°o{ Sanset Francisco,aY hand andthea{ {i Xedday andSY year°~ ~ ic J aIin thisSeal
,*,~ !D COUHTY OF
· ' certificate )irst abov'~i%ted. _ . '
· . -.C:?~,:~;~-gbP. poration San Francisco State 0; Cali(ornia
Notary Pub~i~ in and ~or the City
Hy Commission Expires January 29, 1990.
.................... ~-quut co all assessmellCs levied by any
~wLm oaay agaJnst t~e property of Railroad to defray any l~a~ of the expense inem?ed in connection with the e6nstrucdon
or reconstruction of said highway commenced within two (2) years from the date first herein written,
9. ~hou]d Grantee at any time abandon the use of said property or any part thereof, or fail ~o 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 Raj]road shall at once have the right, in addition to hut not in qualification of the rights bereinabeve re-
served, to resume exclusive possession of said prope~y 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 [he paving, from said
property of Railroad, to restore said property as nearly as practicable to the same stale and condition in which it existed
prior to construction (~f said highway, and Lo bear the expense fl~ereof. Should Grantee in such event, fail neglect or refuse
to so remove said highway and re,Core suid pruperCy, such remuvul and rest.orudun muy be performed by Railroad ac the
expense ot' Grantee, which expense Grantee agree~ co pay to Railroad upon demand.
]0. This indenture shah inure to the benefit of and he binding upon the successors and assigns of the p~rties hereto.
11. Sections 12 to 16 inclus±ve on the attached insert are hereby made
parts o~ this indenture.
IN WITNESS WHERF~OF. the parties hereto have caused Lbeso presents to be executed in duplicate as of the day and
year first herein written.
ST. LOUIS SOUTHWESTERN RAILWAY CI?Y OF COPPELL
Co.~r~ and.~nl F~fi,~ ./ Mayo r
Secretary Clerk / ~-~