ST9604-CS 970212
214 749 5609
FEB-12-1997 11:37 ACOMM. RAIL ~-- 214 749 5609 P.O1
FaxTransmission
COMMUTER RAIL & RAILROAD MANAGEMENT
Dallas Area Rapid Transit P. O. Box 660163
Dallas, Texas 75266-7210
Voice (214) 749-2917
FAX (214) 749-3609
No. of pages (Incl. this one):__
Date: 2-1,2-97 ,,,
Jim Wilt
City Manager, City of Coppell
From: JAN SEIDNER
(~9~) ~q~ %t,;~~ f:,'rc /' '
Fax number: Cq72) ~N ' S~t ~ ~ Voice:_
SUbjeCt: DART's standard License Aqreement for public crossings
and SSW granted easement for Moore Rd.
Special lnstruc~ons: T_hese might be helpful in your analysis. Omitted are
the conditions for the grantinq of [~irway Drixe. Our attorneyt Paul Jones,
drafts the final agreement. I have on file SSW g~anted easements for
Royal, MacArthur, Denton Tap, Freeport..Pkwy(ESters Rd) and Mockingbird
MiSsing: Coppell Road _--Q I an Seidner
FA~$AM -04r2~199~
FEB-12-199? 11:58 COMM. RAIL 214 ?49 5609 P.02
AGREEMENT it
LICENSE ~C~N
xi¢T
THIS AGREEMENT, by and be ALLAS AREA RAPID TRANSIT, ("DART"), a
regional transportation authority. created, organized and existing pursuant to Article l I I gy.
V.A.T.C.S., as amended (the "Act"), and the , a
municipal corporation/home rule city CLicensee"), acting herein by and through its duly
authorized city manager, whose mailing address is
(
WITNES SETH:
In consideration of ( 1 ) ($. )
DOLLARS cash in hand paid by Licensee to DART, and (2) the faithful performance by Licensee
of all of the covenants and agreements contained in this Agreement to be performed by Licensee,
DART HEREBY GRANTS A LICENSE to Licensee for the purpose of constructing, installing
and maintaining a public road crossing, consisting of , drainage
facilities and warning protection devices (the "Permitted Improvements") at Mile Post in
., _ County, Texas, more particularly as shown in Exhibit "A" attached
hereto and incorporated herein for all pertinent purposes, (the "Property").
The property shall be used by Licensee solely for the purpose of installation, maintenance
and subsequent use of the Permitted Improvements (the "Permitted Uses"). Licensee's fight to
enter upon and use the Property shall be limited solely to the Permitted Uses and the Permitted
Improvements.
This License is granted subject to the terms and conditions set out below.
1. Term. The term of this license shall be perpetual subject, however, to termination by
either party as provided herein.
2. Non Exclusiy¢ LicenSe. This license is non-exclusive and is subject to (a) any existing
utility, drainage or communication facility located in, on, under, or upon the Properly owned by
DART, any railroad, utility, or communication company, public or private; (b) to all vested rights
presently owned by any railroad, utility or communication company, public or private, for the use
of the Property for facilities presently located within the boundaries of the Property; and (c) to
any existing lease, license or other interest in the Property granted by DART to any individual,
corporation or other entity, public or private.
3. Design, Cons~;.ruction, OperatiOn and MainteOance. DART's use of the Property and
adjoining property will include the use of electrically powered equipment. Notwithstanding
DART's inclusion within its system of measures designed to reduce stray current which may cause
corrosion, Licensee is hereby warned that such measures may not prevent electrical current
being present in proximity to the Permitted Improvements and that such presence could
produce corrosive effects to the Permitted Improvements.
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FEB-12-199? 11:58 COMM. RAIL 214 ?49 5609 P.05
DRAFT
3.01. All design, construction, reconstruction, replacement, removal, operation
and maintenance of the Permitted Improvements on the Properly shall be done in such a mariner
so as not to interfere in any way with the operations of DART or other railroad operations, if any
(the "Railroad", whether one or more)- In particular, cathodic protection or other stray current
corrosion control measures of the Permitted Improvements as required shall be made a part of the
design and construction of the Permitted Improvements. The Kailroad shall assume future
maintenance responsibility for all warning protection devices following proper installation by
Licensce's contractor, at the expense of Licensee. Licensee agrees to reimburse DART or
Pailroad for any material or labor provided for the installation and maintenance of the Permitted
Improvements.
3.02. During the design phase and prior to commencing construction on the
Property, a copy of the construction plans showing the exact location, type and depth of the
construction, any cathodic protection measures and any working area, shall be submitted for
written approval to DART and the Railroad, if any, when the construction is going to be within
the area of Railroad operations. Such approval shall not be unreasonably withheld. No work
shall commence until said plans have been approved by DART and Railroad.
3.03. By acceptance of this license, Licensee agrees to design and construct the
Permitted Improvements in such a manner so as not to create a hazard to the use of the Property,
and further agrees to pay any damages which may arise by reason of Licensee's use of the
Property under this Agreement_
3.04. By acceptance of this license, Licensee covenants and agrees to institute and
maintain a reasonable testing program to determine whether or not additional cathodic protection
of its Permitted Improvements is necessary and if it is or should become necessary, such
protection shall be immediately instituted by Licensee at its sole cost and expense.
3.05. Absence of markers does not constitute a warranty by DART that
there are no subsurface installations on the Property.
3 06. If at any time, traffic volume or other circumstances should warrant a grade
separation for the crossing licensed hereunder, Licensee shall be responsible for the installation of
such grade separation to DARTs standards, at no cost to DART.
4. Governmental Ap_~rovals. Licensee, at its sole cost and expense, shall be responsible
for and shall obtain, any and all licenses, permits, or other approvals from any and all
governmental agencies, federal, state or local, required to carry on any activity permitted herein-
5. DART's Stand~.d Contract and [nsuran~.e. No work on the Property shall be
commenced by Licensee or any contractor for Licensee unti! such Licensee Or contractor shall
have executed DARTs Standard Contractors Agreement covering such work, and has furnished
insurance coverage in such amounts and types as shall be satisfactory to DART.
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FEB-12-1997 11:59 COMM. RAIL 214 749 5609
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6, Duty of Care in ConstruCtion. Licensee or its contractor shall use reasonable care
during the construction period and thereafter, to avoid damaging any existing buildings,
equipment and vegetation on or about the Property and any adjacent property owned by or under
the control of DART. If the failure to use reasonable care by the Licensee or its contractor causes
damage to the Property or such adjacent property, the Licensee and/or its contractor shall
immediately replace or repair the damage at no cost or expense to DART. If Licensee or its
contractor fails or refuses to make such replacement, DART shall have the fight, but not the
obligation, to make or effect a~y such repair or replacement at the soIe cost and expense of
Licensee, which cost and expense Licensee agrees to pay to DART.
7, Environmental Protection.
7.01 Licensee shall not use or permit the use of the Property for any purpose that
may be in violation of any laws pertaining to henhh or the environment, including without
limitation, the Comprehensive Environmental Response, Cozui.~ensation and Liability Act of 1980
CCERCLA"), the Resource Conservation and Recovery Act of 1976 CRCRA"), the Texas Water
Code and the Texas Solid Waste Disposal Act.
7.02. Licensee warrants that the Permitted Use of the Property will not result in
the disposal or other release of any hazardous substance or solid waste on or to the Property, and
that it will take all steps necessary to insure that no such hazardous substance or solid waste will
ever be discharged onto the Property by Licensee or its Contractors.
7.03. The terms "hazardous substance" and "release" shall have the meanings
specified in CEKCLA and the terms "solid waste" and "disposal' {or "disposed") shall have the
meanings specified in the RCRA~ PROVIDED, HOWEVER, that in the event either CERCLA or
RCRA is mended so as to broaden the meaning of any term defined thereby, such broader
meaning shall apply subsequent to the effective date of such amendment; and PROVIDED
FURTHER, that to the extent that the laws of the State of Texas establish a meaning for
"hazardous substance", "release", "solid waste", or "disposal", which is broader than that specified
in either CERCLA or RCRA, such broader meaning shall apply,
7_04 Licensee shall indemnify and hold DART harmless against all cost of
environmental clean up to the Property resulting from Licens:e's use of the Property under this
8. MeChanicZs Liens Not Permitted. Licensee shall fully pay for all labor and materials
used in, on, or about the Property and will not permit or suffer any mechanic's or materialmen's
liens of any nature to be affixed against the Property by reason of any work done or materials
furnished to the Property at Licensee's instance or request.
9. Maintenance of Cornplete. d. Improvements. After the Permitted Improvements have
been constructed, they shall be maintained by the Licensee in such a manner as to keep the
Properly in a good and safe condition with respect to Licensee's use. In the event the Licensee
fails to maintain the Property as required, upon discovery, DARY shall notify Licensee of such
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FEB-12-1997 11:59 COMM. RAIL 214 749 3609 P.05
D. RAFT
occurrence in writing. In the event Licensee shall not have remedied the failure within ten (10)
days from the date of such notice, DART shall have the fight, but not the obligation to remedy
such fatlure at the sole cost and expense of Licensee. In the event DART exercises its fight to
remedy Licensee's failure, Licensee agrees to immediately pay to DART all costs incurred by
DART upon demand.
I 0. Future Use ..by DART.
10.01. This license is made expressly subject and subordinate to the right of
DART to use the Property for any purpose whatsoever.
10.02. In the event that DART shall, at any time subsequent to the date of this
Agreement, at its sole discretion, determine that the relocation of the Permitted Improvements
shall be necessary or convenient for DART's use of the Property, or that the crossing must be
modified, including but not limited to the installation of grade crossing signals, LiCensee shall, at
its sole cost and expense make such modifications or relocate said Permitted Improvements so as
not to interfere with DART's or DART's assigns use of the Property. In this regard, DART may,
but is not obligated to, designate other property for the relocation of the Permitted Improvements.
A minimum of thirty (30) days written notice for the exercise of one or more of the above actions
shall be given by DART, and Licensee shall promptly commence to make the required changes
and complete them as quickly as possible.
11. Duration 9f License. This license shall terminate and be of no further force and effect
(a) in the event Licensee shall discontinue or abandon the use of the Permitted Improvements; Co)
in the event Licensee shall relocate the Permitted ImproveTnents from the Property; (e) upon
termination in accordance with paragraph 16 of this Agreement, whichever event first occurs.
12. Compliance .With Laws and... Regulations. Licensee agrees to abide by and be
governed by all laws, ordinances and regulations of any and all governmental entities having
jurisdiction over the Licensee and by railroad regulations, policies and operating procedures
established by the 1Lai]road, or other applicable railroad regulating bodies, and Licensee agrees to
indemnify and hold DART harmless from any failure to so abide and all actions resulting
therefrom. Licensee acknowledges state and federal railroad regulatory sgency's
requirements for whistles at at-grade public and private road crossings.
13. Indemni~catiQn_.
13.01. Licensee shall defend, protect and keep DART and Railroad forever
harmless and inden'mi~ed against and from any penalty, or damage, or charge, imposed for any
violation of any law. ordinance, rule or regulation arising out of the use of the Property by
Licensee, whether occasioned by the neglect of Licensee. its employees, officers, agents,
contractors or assigns, or those holding under Licensee;
13.02, Licensee shall at all times protect, indemnify and it is the intention of the
parties hereto that Licensee hold DART and Railroad harmless against and from any and all
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FEB-12-1997 ll:~IIB COMM. RAIL 21~, 7~19 5689 P.IB6
loss, cost, damage or expense, including attorney's fees, arising out of, or from any accident or
other occurrence on or about the Property causing personal injury, death, or property damage,
except when caused by the willful misconduct or negligence of DART or Railroad, their officers,
employees or agents, and then only to the extent of the proportion of any fault determined against
DART for its willful misconduct or negligence;
13.03. Lieonset shall at all times protect, indemnify and hold DART and Railroad
harmless against and from any and all loss, cost, damage or expense, including attomey's fees,
arising out of or from any and all claims or causes of action resulting from any failure of Licensec,
its officers, employees, agents, contractors or assigns in any respect to comply with and perform
all the requirements and provisions hereof.
14. Action Upon Termination of License. At such time as this license may be terminated
or cancelled for any reason whatever, Licensee, upon request by DART, shall remove all
improvements and appurtenances owned by it, situated in, under or attached to the Property and
shall restore the Property to the condition existing at the date of execution of this License, at
Licensee's sole expense.
15. Assignment. Licensee shall not assign or transfer its fights under this Agreement in
whole or in part, or permit any other person or entity to use the License hereby granted without
the prior written consent of DART which DART is under no obligation to grant.
16. Met.h. pds of Termi_'nation. This Agreement may be terminated in any of the following
ways:
16.01~ Written Agreement of both parties;
16.02. By either party giving the other party thirty (30) days written notice.
16.03. By either party, upon failure of the other party to perform its obligations
as set forth in this Agreement-
17. Miscellaneous.
17.01. Notice. When notice is permitted or required by this Agreement, it shall be
in writing and shall be deemed delivered when delivered in person or when placed, postage
prepaid, in the U.S. Mail, Certified, Return Receipt Requested, and addressed to the parties at the
following addresses:
LICENSOR: Dallas Area Rapid Transit
P. O. Box 660163
Dallas, Texas 75266-7210
Attn: Railroad Management
LICENSEE:
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,,;" .X J A
Either party may from time to time designate another and different address for receipt of
notice by giving notice of such change of address.
17.02. Attorney Fees= Any signatory tO thi~ Agreement who is the prevailing
party in any legal proceeding against any other signatory brought under or with relation to this
Agreement shall be entitled to recover court costs and reasonable attorney fees from the
non-prevailing party,
17,03 Governing Law. This Agreement shall be construed under and in
accordance with the laws of the State of Texas.
17.04 Entirety and Amendments. This Agreement embodies the entire agreement
between the parties and supersedes all prior agreements and understandings, if any, relating to the
Property and the matters addressed herein, and may be amended or supplemented only by a
written instrument executed by the party against whom enforcement is sought.
17_05. Parties Bou.n~l. This Agreement shall be binding upon and inure to the
benefit of the executing parties and their respective heirs, personal representatives, successors and
assigns.
17.06. Number and Gender. Words of any gender used in this Agreement shall be
held and construed to include any other gender; and words in the singular shall include the plural
and vice versa, unless the text clearly requires otherwise.
IN WITNESS WHEREOF, the panics have executed this Agreement in multiple originals
this day of , 19 __.
LICENSOR: DALLAS AREA RAPID TRANSIT
By:
Roger Snoble
President/Executive Director
LICENSEE:
By:.
Printed Name:
Title:
APPROVED AS TO FORM:
Office of DART General Counsel
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214 ?d9 5609 P.08
FEB-12-199? 11:41 COMM. RAiL ~.~
THE STATE OF TEXAS
COUNTY OF DALLAS
The foregoing instrument was acknowledged before me on the day of
. ,19 _, by Roger Snoble, President/Executive Director of DALLAS AREA
RAPID TRANSIT, on behalf of said DART.
Notary Public, State of Texas
Printed Name:
My Commission Expires:
THE STATE OF TEXAS
COUNTY OF
The foregoing instrument was acknowledged before me on the day of
, ,19..__, by ....
of , a
corporation, on behalf of said corporation.
Notary Public, State of Texas
Printed Name:
My Commission Expires:
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FEB-12-1997 11:41 COMM. RAIL 214 749 3609 P.09
% ? ' *'E
STREET OR HIGHWAY EASEMENT
STREET DR HIGHWAY
~T. ~0UIS S0~EST~ MiseO~i heroin c~led "~ilro~". end
corpo:atlon,
CZ~Y 0~ C0P~EL~ a m~clpa1 corpor~tZon of the S~te
t- That. iQ. iiruad hereb~ rranLs t~ Orentc'~ the right r~ consc~ct. reconstruct. iNncain and ue~ m street ~r
~imf~ ~,'med "hi[hw~y". ul~n and ~. the reel pro~s~y de~H~ on ~ iL~h~ ~hibit "A"
~. Th. ri~h~ ~in ~n~ are cxpl'e~ly ]imi~ vertically and shill mC ex~ ~o~ 8 pl8~ ~MI~I ~,.~h
CwenLy (~) fuc~ 8~v~ L~ ~way sur(k-e o( ~he h~hw~y M u~ginll]y Co~. ez~pL thxt lilhLi~ ~xLur~ l~ ~imi.
IV hithwky ~pp~na~ mi~ exte~ a~ve ~id plan~. pl~vld~ ¢hot any ~h f~ilkln will ~ remov~ ~ ~m'ran~l
~e a~vc ~llid I~lane.
3. ~j~ grnnt is ~b~ect and iu~rdih~ ~o the prior l'l~hC of ~il~. i~ succors ind l~m[~. cu u~ ~1 the
~y de~,t,i~ in the ~dorman~ of its duel ~s a common c~s'r~cr. a~ Chore ~s reH~ un~ ~ilroad. ;L, ~u~ss0r~ and
~;ps. the r;ihc ~ eo~'uct. ~nst~c~. mamma. use a~ ~move ~XjSCinZ ~ [U~U~ ~lns~r~tion. co~umclLWn.
i~wcr a~ I']~'[me fR~l~ties im ~n. over. under. ;~r~ or ~on~ saj~ pm~rty- ]n ~e event ~il~ Lr~ckage
~re remov~ h~m $wid Vm~. ~i]r~ ~ha[J no{ ~ obli~a~ to make any chan~ in the ~n~e o[ said highway.
~}J such t~movil dt~C ~il~ad's.Cide ~ the underlyinE
This ~r~nt i~ ~ubj~( to aJ[ ljc~n-~.~. I~L~$. c~cmenb. re~Lr~cUo~. cundkion~. ~venin~. encumbr~nqes. }~n~
cl&ie or dole which may a~r~C ~jd p~y. ~nd Lhe wo~ "lrint" ~}] ~c ~ eo~Lru~ ~ ~ ~ve~nt ~[tUn~t the
existnee thereof
~. ~¢ n~h~ heroin g~un~ shill htpw and ~me void ;~ Lhe comt~cUon or ~o~Lruction of ~d high~ly i~ not
~mmence} whhm t~u (3) yea~ from the date ~jl~t here,n writin-
g. Th~s ~r~nt gh~{ no~ be ~tl~ed ~ conveying or o~he~ vesting iB Grwn~e th~ diht ~ l~tatl or ~
~e ~nm~iJimon a( ~ny di~h~. pipes. driim. ~ewel or undCri{~u~ s[~c~u~. or the f~iJiUe$ d Iny ~l¢graph. ~l~phonv
or e],tric ~wer gin, ~n. u~n. uvrr. u~er. K~ or ~on~ ~id pm~y. ~c~pt ~ n~ f~ m~m~njnce uf ~$d -
highway.
6. G~nC~ mh~} obL~n ~ny nKes~ governme,ud authority ~ co~u~t. r~onscru~L mainUin ~ t~ ~id h~ghway-
Any uontn~tol' ~rfol'mln~ work on (~ ~ro~t~y ~m-ein describ~ ~h~]l ex~u~ ~;]mad's standing form of ~ntrgCLOr'8
~fit ~r~or ~ eumme~jng any work o~ ~ih~ad '~ promWas
7. Excem u helm oche~i~ provide. Grnn~ sh~l[ ~r ch< qn~n~ exi~'n~e of co~rucUng. rveon~C~CCing ;tnd
~intn~ ~ia h~ghway The ~ing ~( s~d hlgh~'zt$ Over ~ny track~ of ~i1~ shah ~ cn~tt*uctvd ~ m~jnC~ined 8t the
~r~ of ~ ;rac~ ,uw or he~f~r existing. Afte~ tE~ construction or t~o~Lructmn of ~id h~h~'ny h~s ~e~
~}lro~ =h~ll maintain the surf~ of th4t l~r~on ~f ~;<t h:ghway be&,, ~n IS,~ ~wv (2) feet outside th~ r~il~ of usch tt'~ck
(~ ~x~on. Should ~l~ ~bltndon [t'~k~ le~mK to 5atd highway. ~Hm~ may abandon i[s failS. Lieb ~
ham ~ri~ts ~ telve ~ in Dt~e. tn s'~h event, ~ib~ s~[i not ~ liable for m~intenae~ ot the ~t~io~ ef
~ghwly s~'cifi~ a~ve.
~, As ~rt cu~iderac~on he~ior. Gr;~nt~ ag~ ~ pay ~iJm~ an ~mognt ~ul] to ~lt es~eSS~nt~ levi~ b~
lawful ~)* iga~C th~ pm~ny of ~i]l~ t~ defray ~ny ~RI~ of ~e expe~ iAcgff~ in eonn~ion with ~hl co~r~ecio~
o~ ~o~tniction uf ~a~ highway ~mme~ within two 4~) 1el~ from the d&~ ~ ~in wr~tLen
9. 5huuld G~nL~ iC any dine ubandun ;he use of ~dd iq~r~y or any pa~ t~of, or gall ~ u~ the ~ame/or
pu~ r,r a ~nt[n~us ~t.i~ at nne (l)).era-. Lhe r'i~hu irin~d shall cede ~ ~e oiLeriC d the u~ ~ aba~un~ nr
dixoncrouP, a~ ~1~ shall ~t once have the right. in i~dition ~ but mt in au~lF~tlon of the righ~ he~iN~v~
send. ~ rc~u~ exchdlve mle~ on o[ ~id/>~perL1 m' C~ ~u~ {h~rNf t~ u~ of w~h is ~ di~-0ntinuc~ or
U~n ~rmin~tlen o[ the Hih~ hea~by Fnc~, Gran~ ~re~ to remove sa~d ~ihwe~, i~ludin~ the p~v{qi, (ram ~ d
Pm~Y d ~il~ad, ~ ~s~ ~id pmt~ny ~ ~arly a~ practicable ~ ~ s~e ~mM e~ ~ndl$ion in ~,hieh i~ ex]s~
prior to mns~Uon of ~ hilhwly, und tu L~nr t~ exl>~e thorcog-' Should Grah~ ~n e~h event fijL negiNt or roEuse
to ~ ~ve said hlghw~ e~d ~wrc ~aid prol~'L'ty, ~uch ~moval and re~e*stion may ~ ~rform~ h~ ~il~d al t~.
~e of grantee, which ~ Ce'~nLee agrees ~ pay to ~]e.~ glen
10, Thil ~eotul~ l~l inu~ to L~ tNnefi[ of zl~ ~ bi~n~ u~n the ~u~rs a~ ~signs o( the i}a~i~ he~co.
11. sections z2 ~ough, 17 on ~h~ attached ZnserC a:e' heceby made ~arts
d~ this ~ndent~e.
IN WITNESS WHE~F~ thc parties herc~ have ca~ Lhese VreBen~ w ~ execu~ ~n duVlicate ~ v[ Lhe day and
year ri~t begin wri~a.'.:
ST. LOUIS SOUT~STE~ ~ILWAY CITY OF COPPELL
.
BYCO~Y 2~ J~ . c O ~ . : . . '
AtteSt *' ...
By
FEB-12-199? ll:a~ COMM. RAIL 214 949 3609 P.10
INSERT
Moore Road, CrOssing TCC-607.39
. .. City of Coppall ..
12. Railroad shall furnish all necessary labor, materials,
tools and equipment and shall perform the following work:
(a) remove the existing Crosslng surface;
(b) prepare its track, including relay of rail and ties: ..
(c] install subgrade stabilization:
(d) install rubber crossing: ~nd
(e) install two flashing light slgnals, both augmented
with automatic gate arms, all together with actuating
end operating circuits and adequate instrument
housing~ hereinafter collectively re[erred to as
· signals,' at said crossing.
13. The signals shall be located approximately as indicated on
the print of Rallroad*s Drawing No. 85-9768, dated OCtober 24, 1985,
attached and made a part hereof. Installation of and all materials
for said signals shall be in accordance gith Railroad'e usual
standards.
14. Grantee agrees to reimburse Railroad for one hundred
percent (100%) of the cost and expense incurred by Railroad in
connection with,furnishing materials and performing the work
specified in Section 12 above. '
15. Following execution Of this ln~rument, Railroad will
order ~he 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 materlsls
to be furnished by Railroad. As soon as t~e crossing signals and/or
the crossing surface have been placed in operation, Railroad s~all
submit to Grantee bllls for elghty percent (80%) of Granteels share
of the estimated cost of applicable labor furnished by Railroad.
FOllowing completion O[ audit, Railroad shall submlt 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
audlted total flnal cost, the difference shall be promptly refunded
to Grantee by Railroad.
Rrl, ~ox~glne ~&U~g~ U& J~7 "~--~F~ ' ........
the Council of a complain~ she had conceTnlnS the d~stnaS· behind her
~EB-12-1997 11:~2 COMM. RA]L
--~ 21~ 7~9 ~609 P.11
16. The ~ork to be performed by Railroad hereunder shall be
commenced as soon as labor and materials are available, tollswin9
execution of this Instrument, and shall be completed vlthln one
year thereafter.
17, ~he parties intend that the promises and obllgationa of
this Indenture shall constitute Covenants tunnine vith the land so
as to bln~ and benefit their respective successors and asslens.
-2- .
~he Council of s complaint she had concerning the dra$na~e behind her
house.
FEB-12-1997 11:~5 COMM. RAIL 21d 749 3609 P.12
Exhibit "A"
That certain parcel of land situated in james Parish 640-Acre Survey and
the A. Loghorn Acre Survey, County of Dallas, State of Texas, described as
fol lows:
BEGINNING at the point of intersection of the center line of St. Louis
and Southwestern Railway Company's main track (Ft. Worth Branch), with the
center line of Moore Road as now exists;
THENCE North along last said center line, (for the purposes of this de-
crtptton the bearing along last said center line takes to bear North) 54.46
feet to the northerly line of land (100 feet wide) of said Company;
THENCE North 66'38'19" East along said northerly line being parallel with
and distant 50.00 feet northerly, measured at right angles, from said center
line of main track, 32.68 feet to a point in the easterly right of way line of
said Moore Road as now exists and the Actual Point of Beginning of the parcel of
land to be described;
THENCE continuing North 66'38'19" East along said northerly line 76.25
feet to a point for a corner;
THENCE South being parallel with said easterly right of way line, 108.92
feet to a point for a corner in the southerly line of said Company's land;
THENCE South 66'3B'19" West along said southerly line being parallel with
and distant 50.00 feet southerly, measured at right angles, from said center
Page I of 2
· lqzs, ~oxan~e ~toeeek ot ~49 ~hllllp~ ut~ve w~, ..... ~ .......
the Council of 8 complaint ehe had conce~in; the dralnaSe behind her
house.
FEB-12-199? 11:45 COMM. RAIL
, -- _ 214 ?49 3809 P.13
line of main track, 76.25 feet to a point for a corner in said easterly right of
way line of Moore Road;
THENCE North along last said line, 108.92 feet to the Actual Point of
ginning, containing an area of B306 square feet, more or less.
Page Z of 2
R~s. KOxanQe ~tOeeeK ot Jo~ VRl~Ipe u~,,~ ....... ,
........ ,., ..... 1.~ o~ k~ ~nncerntn~ the drainage behind he~
FEB-12-199? 11: 43 COHP~ RAIL
,/ _ ·
" " 214 ?49 3609 P. 1~
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she had concerntug c~e drainaSe behind her
214 949 5609 P. 15
FEB-12-199? 11:44 COMM. RAIL ,.,
P. O. Box 478
~D~II, TexM 7~19
The City ~iT~ A Beautiful Future ~H. a62-~2
STATE OF TEXAS
COUNTY OF DALLAS [ "
CITY OF COPPELL | ·
I, Dorothy Ti~mons, the undersigned, City Secretary of the
City of Coppell, Texas, a municipal --crporatiDr., in the
performance of the funct!oP.s of my office, hereby certify
~ the
.~at attached copy is a full. true and correct copy of the
:,,~iutes of the City Council me~tin~ held cn ~~
' ~ day of
_~~ , 19~, as the s~e appears cf record in the
official ~ainute Book of the City, and that I am the lawful
possessor and h~';~ legal cuatody cf the city recc. rd~.
Witness my han-~ and seal of office at my c~fice ~n
Coppel! Texas this the ~..~ · ~y ~f
TOTAL P. 15