ST9304-CS 961218 _ _ .
TUSERVICES
December 18, 1996
Mr. Mike Martin °~"
c~ of Cop~, ~" ~ ~' ~'J
P. O. ~x478
Coppell, Texas 75019
D~ar Mr. M~din:
~a~h~ i~ a dm~ of a Railroad Cm~in~ A~r~m~nt related to th~ B~lt Un~ R~d
impmv~nt proj~ n~ar Copp~ll. lhi~ document will allow IH fil~otrio to maintain th~
rioht to mpla~ th~ railroad ~pur at a later dat~ when it i~ n~d~d. ~l~a~ havo thi~
document mvi~w~ by C~ p~onn~l [or approval. I am fo~ardin~ copi~ of tho
d~um~t to ~ C~ of ~alla~ and th~ Coun~ a~ w~ll. I look fo~ard to any comment, you
may ha~ r~ardin~ thi~ A~r~m~nt.
If ~ou h~v~ ,ny qu~tion~, pl~a~ ~iv~ m~ a mil at 2~4-8~2-~300.
Sincerely,
Baty Houston
Senior Property Representative
Energy Plaza 1601 Bryan Street Dallas, Texas 75201-3411
Draft of 12/17/96
RAILROAD CROSSING AGREEMENT
THIS RAILROAD CROSSING AGREEMENT (the "Agreement") is entered into as of
,1996, between Texas Utilities Electric Company CTU Electric"), the County of
Dallas ("County"), the City of Dallas ("Dallas") " . U Electric,
County, Dallas and ~p_/l~0tkwill be referred to herein individually as a "Party" and collectively as the
"Parties."
WITNESSETH:
WHEREAS, TU Electric owns and operates its Northlake Steam Electric Station ("Northlake
SES") in Dallas County, Texas; and
WHEREAS, TU Electde owns a railroad spur which serves the Northlake SES; and
WHEREAS, the County granted Dallas Power & Light Company CDP&L"), a predecessor
of TU Electfie, the fight to construct and maintain the railroad spur track across Belt Line Road
pursuant to that Order No. 28526 dated November 21, 1957, a copy of which is attached hereto as
Exhibit A (the "Order"); and
WHEREAS, a project for the widening of Belt Line Road is being undertaken, which will
include the widening of Belt Line Road where the railroad spur track crosses Belt Line Road (the
"Crossing''), the approximate location of the Crossing being at Beltline Road Station 39 + 14; and
WHEREAS, Belt Line Road and the fight-of-way upon which Belt Line Road is located is
owned by Dallas; and
WHEREAS, the County is responsible for implementing the Project; and
WHEREAS, ~ ts financing the Project; and
WHEREAS, the Parties wish to agree upon the terms and conditions with respect to the
removal and replacement of the Crossing.
NOW, THEREFORE, in consideration of Ten and No/100 Dollars and other valuable
consideration (including the premises herein), the receipt and sufficiency of which are hereby
acknowledged by all Parties, the Parties all agree as follows:
Page 1 of 6
"" c"
Draft of 12/17/96
I.
The County will remove, in a good and workmanlike manner and in a manner that will
maximize the recovery of salvageable materials, all of TU Electric's existing rails, ties and related
hardware with respect to the Crossing identified on the drawings attached hereto as Exhibits B and C.
II.
County will give TU Electric at least ninety (90) days' prior written notice before commencing
operations to remove the ...... '
the replacement, reconstruction and operation of the Crossing without additional interference or
interruption due to the Project, and, upon such notice, TU Electric may immediately undertake such
replacement, reconstruction and operation of the Crossing.
III.
County, Dallas and ~ warrant and agree that the period from the date of initial
interference with TU Electric' s use or operation of the Crossing until such date when TU Electric may
commence operations to replace, rec, ommaet and operate the Crossing without additional interference
or interruption shall not exceed~'j__nety (90) days. lax i~
IV.
TU Electric will have the right, but not the obligation, upon notice from ~and at any time
thereafter to replace, reconstruct and operate the Crossing across and upon Belt Line Road (and the
right of way), as widened, upon the same terms and conditions as provided in the Order. It is
understood and agreed by all Parties that, due to the expense to TU Eleelric to replace, reconstruct and
operate the Crossing, TU Electric may elect not to replace and reconstruct the Crossing for some time,
if ever, but TU Electdc's delay or postponement of the replacement, reconstruction or operation will
not be (and shall not be construed as) an abandonment, relinquishment or waiver of any of TU
Electric's rights to replace, reconstruct, maintain, operate and use the Crossing, and nothing herein or
otherwise shall prevent TU Electric from, at any time in the future, exercising any or all such rights.
County, Dallas and ~ warrant and agree that, in no event, will any natural gas pipelines
or electric transmission lines be affected in any manner by the Project.
Page 2 of 6
Draft of 12/17/96
VI.
Each Party, by its execution hereof, represents that it is fully authorized to execute this
Agreement, that it has complied with all conditions with which it must comply to enter into a binding
agreement, including without limitation, obtaining any prior approvals or resolutions with respect
thereto, and that this Agreement is valid and binding upon each such Party in accordance with the
express terms hereof.
IN WITNESS WHEREOF, this Agreement is executed as of the date set forth at the outset.
TEXAS UTILITIES ELECTRIC COMPANY
By:
Name:
Title:
COUNTY OF DALLAS
By:
Name:
Title:
CITY OF DALLAS
By:
Name:
Title:
Page 3 of 6
Draft of 12/17/96
CITY
Title:
THE STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the __ day of ,1997, by
, of TEXAS UTILITIES
ELECTRIC COMPANY, a Texas corporation, who stated that he executed the same for the purposes
and consideration therein expressed, and in the capacity therein stated, and as the act and deed of said
corporation.
Notary Public, State of Texas
My Commission Expires:
Page 4 of 6
Draft of 12/17/96
THE STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the __ day of ,1997, by
of the COUNTY OF
DALLAS, a , wh'o stated that he executed the same for the purposes and
consideration therein expressed, and in the capacity therein stated, and as the act and deed of said
Notary Public, State of Texas
My Commission Expires:
THE STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the __ day of ,1997,
by , of the CITY OF
DALLAS, a , who stated that he executed the same for the purposes and
consideration therein expressed, and in the capacity therein stated, and as the act and deed of said
Notary Public, State of Texas
My Commission Expires:
Page 5 of 6
Draft of12/17/96
THE STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the __ day of , 1997, by
, of the CITY OF COPPELL,
a , who stated that he executed the same for the purposes and consideration
therein expressed, and in the capacity therein stated, and as the act and deed of said
Notary Public, State of Texas
My Commission Expires:
Page 6 of 6