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ST9604-CN 880803R.R. McCLANAHAN SUPERINTENDENT August 3, 1988 1400 EAST SECOND PINE BLUFF, ARKANSAS 71601 GMO 84468 City of Coppell P. O. Box 478 Coppell, Texas 75019 Dear Sir: Reference proposed Fairway Drive, Milepost TCC-605.65 in Coppell, Texas. Attached are duplicate counterparts of proposed agreement covering proposed project. Please arrange for execution of behalf of the City and return both counterparts to this office for our further handling. You should also attach a certified copy of resolution passed by the governing body of the City authorizing execution and acceptance of the document. Also, be advised that there are plans, if not already in place, to install a fiber optic line on our property at this location. Yours truly, C. Bradley Asst. Superintendent AS:jr Attachment RA. rb - VI - 6/28/88 - 60000/323- APPROVED AS TO FORM BY GENERAL COUNSEL MARCH 15, 1973 C.S7562 STREET OR HIGHWAY EASEMENT {n enture, made th s day of ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, a Missouri corporation, CITY OF COPPELL, a municipal corporation of the State of Texas, , 19 , by and between herein called "Railroad" and herein called "G['antee" ~[tnesseth: 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 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 farilities 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 (2) 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 [ines 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- mining 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 plaee. 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 possession 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 expense 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 16 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 RAILWAY COMPANY CITY OF COPPELL By By (Title) Mayor Attest By Clerk INSERT FAIRWAY DRIVE CROSSING TCC-605.65 CITY OF COPFELL 12. Railroad shall furnish all necessary labor, materials, tools and equipment and shall perform the following work: (a) prepare track including any necessary relay of rail and ties: (b) install rubber pad crossing~ and (c) install two flashing light grade crossing signals augmented with automatic gate arms with additional light units mounted on cantelever arms together with necessary actuating and operating circuits and adequate instrument housing hereinafter collectively referred to as "signals". Installation of and all materials for said signals shall be in accordance with Railroad's usual standards. Said signals shall be located approximately as shown on the print of Railroad's Drawing 88-9852, dated April 4, 1988, attached and made a part hereof. Grantee agrees to reimburse Railroad for one hundred percent of the cost and expense incurred by Railroad in furnishing material and performing the work specified in this Section 12. Estimated amount reimbursable to Railroad by Grantee hereunder is One Hundred Fifty-three Thousand Four Hundred Thirty-nine Dollars ($153,439). 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. Aa 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 furnished by Railroad. Upon completion of audit, Railroad shall submlg 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) thereafter. year 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 other governmental funds for maintenance become available, Railroad shall 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. FIELD NOTES FAIRWAY DRIVE CROSSING Being a tract of land situated in the Singleton Thompson Survey, Abstract No. 1493, of Dallas County, Texas, and being in the City of Coppell, Texas, and being a part of a 100 foot St. Louis and Southwestern Railroad Co. right-of- way, and being more particularly described as follows: BEGINNING, at a point lying on the north line of said Railroad right-of-way, being North 86° 21' 18'~ West, 830.00 feet along said right-of-way from the southwest corner of a tract of land conveyed to Jim Doerr, Trustee, according to the deed recorded in Volume 86067, Page 5461, of the Dallas County Deed Records; THENCE, South 03° 38' 42" West, 100.00 feet to a point on the south line of said Railroad Company right-of-way and the north line of Belt Line Road (a 120 foot right-of-way); THENCE, No=th 86? 21f 18f West~0.0O feaLmlnng th~ ~n,,r~ 1.~n.~ nC ~d Railroad Company right-of-way and the north line of Belt Line Road to a point; THENCE, North 03° 38' 42" East, 100.00 feet to a point lying on the north line of said Railroad Company right-of-way; THENCE, South 86° 21' 18" East, 60.00 feet along the north line of said Railroad Company right-of-way to the POINT OF BEGINNING, and containing 6,000 square feet of land.