FS8901-CS 830118 RELMIS
PRIVATE
ROADWAY AGREEMENT
by ud ~t~n ST. ~UIS
be~f~ ~ "~d". ~d
P.O. Box 145, Coppell,
it es et :
TC¢-G05.14-× (~)
SOUTHWESTERN RAILWAY COMPANY ~ & corporation,
J. E. THOKP$ON, ~n individiual, address:
Texas 7501 ~. hereinafter c~Ued "Licensee;"
In consideration of Two Hund~:ed Dollars ($200) paid by Y.icense~.
Railroad hereby permits Licensee {subject to the pro~4sions hereof) to construct, maintain ~nd use · private
roadway across the tracks ~nd upon property of R~lroad ·t Mile Post 605.14,
at or ne~ - Carrollton, County of Dallas,
S~ of Texas . i. tha lo~tion ~llustr·~d on the ·ttached print.
(79-9004 revised July 14, 1982)
1. The permission herein granted is subject ~ all licenses, leases, e~sements, encumbr~.nces and
of title affecting said property of Raiboad. Said rc~dw·y sh~l be · private o-e ~ ~ -or be for public use.
Railroad reserves the right to construct, reconstruct, m~in~ ~nd use existh~ ~ future transportation.
communication and pipeline facilities ir, upon. over., under, ·cross ~nd ~lo~g s~id rosdw·¥.
2. Commencing with the second year of the ~erm of this agreement. Lice,~s~ s~-l! pay to l~_~rl~oad ~he
sum of Twenty Dollars 1520~ per ·nnur~. payable e~nuell.v in advance, but this provision shall not mod~.' or
· mend in any way Railroad's right to ~erminate under pro~sions of Sec~.ion 8 hereof.
3. Licensee. ·t Licensee's expense, shall:
ia) construct and maintain :eld roadway in · good ·~d s~fe conctition, satisfactory to
keep the roadway end track flangeways clear of all rubbish, debris ~nd other
lc) construct and maintain roadway, whistle and stop signs as designated by Railroad:
id} trim shrubbery, as required to provide proper visibility to trains and vehicles:
ia) install and maintain warning devices mad make rosdwmy cl~n~,s required by public authority;
If) {n~tall and m-;,tain such. drainage facilities, bmTicades ~nd fence ~ates ss Railroad
desists, keeping such barricades {md f~nce ~tas locked ~xcep~ when roadway is SCtVSlly
being used;
I~) upon request, provide evidence of insurance of Licensee's liability under this ·STeemenl. in form
and ,mount satisfactory to Railroad: and
ih) reimburse Railroad for any expenr, e incth,ed, including, bu~ not llmit~d to, the it~m~ listed
above.
4. Licensee shall not perform any work on P~ilroad's property (excep~ emergency repairs) ,_,nless
Railroad's Division Engineer is given five {5) days' advance notice thereof and the approval of l~ilroad for
such work is obtained in writing.
5. All vehicles shall comply s-ith posted si~'n_, and in any event shail stop before enterin~ the ~ossin~
ar.~a and a.~certain that it is safe to proceed across the tracks b~fore so doing. Licensee sl~ll not obstruct or in-
terfere .,-kb '~he passage of Railroad's trains.
$. Licensee sbM1 pay for aU materials joined or affixed to said property, and for all labor performed
upon said property, at Licensee's instance or-i-~quest, and Licensee shall not permit or suffer any mechanics'
liens or materialmen's liens of any kind or nature t,o be enforced against the property of Railroad for any such
work done or materials joined or affixed thereto.
7. Licensee agrees to release and indemnify Railroad from and against all liabillty, costs and expenses
for loss of or damage to property of either party hereto or of third persons, and for injuries to or deaths of
Licensee or the agents, employees or invitees of Licensee or third persons or the employees of Railroad caused
by or arising out of the presence, construction, reconstruction, maintenance, use or removal of said roadway
regardless of any negligence or alleged negligence on the part of any employee of Railroad.
The word "Railroad" as used in th~s section sl~ll include the successors, assigns and affiliated companies
of R~ilroad, and any other railroad company that may be law%Lly operating upon and over the tracks crossing
or adjacent to said roadway, and the officers and employees thereof.
8. Th~s agreement is effective as of the date first herein ~Titten and may.be terminated by either party
hereto by giving thh'ty (30) days' notice to that effect to the other party. If Licensee rnaked default in respect
to any covenant or condition on Licensee's part hereunder, Railroad may forthwith terminate this agreement
by notice to Licensee. Termination of th~s agreement by either party shall not relieve or release Licensee from
any liability incurred prior to such termination.
9. Upon termination of this agreement, the permission herein granted shah cease and determine, and
Licensee, at Licensee's expense, shall remove said roadway and leave Railroad's property and track area in a
neat, sa~e and clean condition, f, iling in which, l~ilroad may perform such work at the expense of Licensee.
10. This agreement shall not be assigned by Licensee in whole or in part.
11: Pro~4sions hereof n6twithstanding, Railroad reserves the right to perform, at Licensee's expense, all
or any portion of work r~quired in connection with the construction, maintenance, use and removal of said
roadway. I.f Railroad is to perform any work, Licensee shall deposit with Raih'oad the'estimated cost thereof
. and. after completion of such w'ork, the difference between the actual cost to Railroad and such deposit shall
be promptly paid by Licensee or refunded by Ra~road, as the case may be.
IN WITNESS
duplicate as of the day and year first herein written.
WITNESSED BY:
WHEREOF, the parties hereto have caused these presents to be executed in
ST. LOUIS SOUTHWESTERN RAILWAY
.NOTE; If L~cens~ is an incorpor~'-ed Compan?. agreement .hould be exeCUted bx an auth,~rized officer hereof and his title indicated:
mherwise $iigna:ur~ s?,,~ulc 'De ~;.-.e-¢~ed by an e..mpiz}e~-- of P,a,',r~,ad ~f pr~c~;cahlr il not. b.~ a disln:~rested part}'
~ Trc~n /'¢,O;em~nlS ~er D~y
~ O~ ~S~OB
N.~. ~dr~'.
~ ~' ~ ~5' out
50~' $ ~' out
~.W. ~drant
~' ~ 2~' out
28~' $ ~' out
--- Jnst? 48"=
· ' To Ft. Worth
:BELT
ROAD
Movements pe- ~Gy
Speea - ~ m~,
l!OO' $ 25' out
1C-30' $ 50' out
lC.90' g 25'
1590' ~$ ~O' out
SCALE'
'~' .'£~T
PROFILE
- T,W. GEN~ -
Red - Proposed l-irq~.
ST. LOtrIS ~0UTHWESTEEN RAILWAT CO.~PANT
~_AR CARROT,T,TON,
TCC
Map Showing Private ~. X-ing Desired By
J. E.
Office of Area Engineer
Dallas,
Scale: 1" - 100' DwE. 79-9OO~
Datc' : ~ ,~n ~- Case ~ Drawer 1-8
Rev.: ~
· ~UlqV~Y P! · · -
Ja the c~ d
*?
gEZNC situated in Dallas County, Texsa, out of e tract of 16o68 acres
tho Stnllaton Thompson Survey, Abstract l&93 as conveyed to Ruful Harrison
Eeeds by deed recorded on 11/16/01, in Volume 27&~P~309, DR OCT and
this part being further described aa
BEGIh'NING at a steel rod in the 8orth line of said 16,68 acre tract,
612.3 feet South gO de,rePs 38 m/rmtsa ~est of the Northeast corner 'of
the S. Thompson tract; '
TBENCE South 8 degrees aa ninutea East, along a fence line 622.8 feet to
a steel rod on the Northerly tight of way line of St. Louis and Southwestern
Railroad (Cotton gelt) 50 feet fret end at right angles to the centec of the
stain tract;
THENCE South 85 degrees $O ninuteo East, SO feet frou the center of said
mats tract aloha the North right-of--May line of said rallr~d. 26&.2 feet
to iron pin for corner;
THICK North. 66Z.O1 feet to iron pin for corner in North line of · 1&.al
acre tract;
THENCE South 89 degrees 38 minutes West, aloha the North line Of said lb.&8
acrs tract, 358.82 feet to Place of Beglrmin& and containing &.~O acres
of land.
TRACT Il:
~EI~C situated in Dallas County, Texas, out of a tract of 16.&8 acres of tho'
S~ngleton l'flompson Survey, Abstract 1693 aa conveyed to Rufuo.Rarrtsc~ I~do
by deed recorded Ln 11/16/01, In Vol~ 276, Pass 309, DR ~, and thio part
bet~ further described as folly:
~ENCE South 89 de8rees ~8 I~nutes ~eBt, a[onK the North 1Lne
~CE South 85 degrees, 50 minuten East along sn~d railroad r~ght-of~ay
lxhlbit "&"
A ten foot strip runn£ng along the entire western boundary
of the below dsac£rbed real property, such ten foot strip
having as its western boundary the entire western boundary
of the below described property and as its eastern boundary
a parallel line ten feet lest of the western boundary running
the full north-south depth of the'b~low described
BgZNG situated *An Dallll County~ ?aX&l~ out o~ I tract of
16.48 acres of the Singleton ?hompson Survey, Abstract 1493
aa conveyed to Rufus Ilarriaon Reads by Dead records6 on
11/16/01, in VOlume 274, Pigs' ~09, DRDC? and this part being
further described as follo~l~
BBGZNNIHG at a ats~Yn'th's Horth l~e of Ilid Il. Il iorl
tract, 612.3 'feet~S~ut~h 80 degrees 38J mlnUtll kit of the
Northeast corner of che~-~-hompson traot~
?HENCe South 8 degrees 44 minutes East, along I fence line
&2?.e feet to e steel rod On the Northerly right of way line
of St. Louis and Southwestern Railroad (Cotton Belt} $0 test
from and st right angles to the canter of the main tract;
?IIEHCE Sooth 85 degrees 50 minutes East, 50 feet fro~ the
center of said main tract along tbs North right-of way line
of said railroad, 264.2 feet to iron pin for corner;
?IiENCE North 641a.01 f~et to iron pin for corner in North
line of s 16.40 acre tract;
?HENCE South 89' degreel 38 minutes ~est, along the. North
of said 16.48 acre tract, ]~8.82 feet. to Place of Beginning
and containing 4.50 scram of land.