Northlake 1nd Park-CN 881221SPACE ABOVE THIS LINE FOR RECOROER~ USE
RELMIS, TCC-60?.90-X(N)
19.~, by and' between ST. LOUIS SOUTHWESTERN RAILWAY COMPANY,
a Missouri corporation, herein termed "Railroad", and
CITY OF COPPELL, a municipal corporation of the State of
Texas, P. O. Box 478, Coppell, Texas 75019, herein termed
"Grantee";
WITNESS~T~
1. Railroad hereby grants to Grantee, subject to the
reservations, covenants and conditions herein contained, the
right to construct, reconstruct, maintain and operate a sixty
(60) lnch drain pipe, hereinafter termed "structure" in, upon,
along, across and beneath property and tracks of Railroad at
or near Coppeil, in the County of Dallas, State of Texas,
crossing the center line of said tracks at Engineer's Station
6773+50.3, Mile Post 607.90 in the location shown on the print
of Railroad's Drawing 88-9867, dated September 2, 1988,
attached and made a part hereof.
Said structure shall be installed in accordance with
minimum requirements of Form C. S. 1741, also attached and
made a part hereof.
As a part consideration for the r~gh~s herein granted,''
Grantee shall pay to Railroad the sum of Four Hundred Thirty-
five Dollars ($435).
Form C- 1
April., 1985
2. Project markers in form and size satisfactory to Railroad,
· identifying the facility and its owner, will be installed and
constantly maintained by and at the expense of Grantee at Railroad
property lines or such locations as Railroad shall approve. Such
markers shall be relocated or removed upon request of Railroad
without expense to Railroad.
Absence of markers does not constitute a warranty by Railroad of
no subsurface installations.
3. This grant is made subject and subordinate to the prior and
continuing right and obligation 9f Railroad, its successors and
assigns, to use all the property described herein in the performance
of its duty as a common carrier, and there is reserved unto Railroad,
its successors and assigns, the right (consistent with th~'rights
herein granted) to construct, reconstruct, maintain and use existing
and future railroad tracks, facilities and appurtenances and existing
and future transportation, communication and pipeline facilities and
appurtenances in, upon, over, under, across and along said property.
4. This grant is made subject to all licenses, leases, ease-
ments, restrictions, conditions, covenants, encumbrances, liens
and claims of title which may affect said property and the word
"grant" as used herein shall not be construed as a covenant agains
the existence of any thereof.
5. The rights herein granted to Grantee shall lapse and become
void if the construction of aaid.'structure up~n~said .p~operty~is.~not
commenced within one (l)':yea=-fr~m t~e~ date- fiY'st here'in writt6n.
6. Grantee shall bear the entire cost and expense of construct-
ing, reconstructing and maintaining said str~cture upon said
property. Grantee agrees that all work upon or in connection with
said structure shall be done at such times and in such manner as not
to interfere in any way whatsoever with the opera~ions of Railroad.
The plans for and the construction or reconstruction of said struc-
ture shall be subject to the approval of Railroad.
Grantee agrees to reimburse Railroad for the cost and expense
Railroad of furnishing any materials or performing.any labor in
connection with the construction, reconstruction, maintenance and
removal of said structure, including, but not limited to, the
installation and removal of ouch falsework and other protection
beneath or along Railroad's tracks, and the furnishing of such
wa%chmen, flagmen and ~nspectors as Railroad deems necessary.
to
7. In the evedt Railroad shall at any time so require, Grantee,
at Grantee's expense, shall reconstruct, alter, ~ov~eXX~X)W~d(~
~ or otherwise improve said structure upon receipt of written
notice from Railroad so to do. ..
-2-
Form C-I
April, 1985
8. Grantee shall, at its expense, comply with all applicable
· laws, regulations, rules and orders regardless of when they become or
became effective, including, without limitation, those relating to
health, safety, noise, environmental protection, waste disposal, and
water and air quality, and furnish satisfactory evidence of such
compliance upon request of Railroad.
Should any discharge, leakage, spillage, emission or pollution of
any type occur upon or arise from the premises covered hereunder as a
result of Grantee's use, presence, operations or exercise of the
rights granted hereunder, Grantee shall, at its expense, be obligated
to clean all property affected thereby, whether owned or controlled by
ailroad, or any third person, to the satisfaction of Railroad
insofar as the property owned or controlled by Railroad is concerned)
and any governmental body having Jurisdiction in the matter. Railroad
may, at its option, clean Railroad's premises: if Railroad elects to
do so, Grantee shall pay Railroad the cost of such cleanup promptly
upon the receipt of a bill therefor.
Grantee agrees to investigate, release, indemnify and defend
Railroad from and against all liability, cost and expense (including,
without limitation, any fines, penalties, judgments, litigation costs
and attorney fees) incurred by Railroad as a result of Grantee's
breach of this section, or as a result of any such discharge, leak-
age, spillage, emission or pollution, regardless of whether such
liability, cost or expense arises during the time this indenture is
in effect or thereafter, unless such liability, cost or expense is
proximately caused solely and exclusively by the active negligence of
Railroad, its of.ricers, agents or employees.'
9. As part consideration, Grantee agrees to pay Railroad an
amount equal to any and all assessments which may be levied by order
of any authorized lawful body against the property of Railroad (and
which may'have been paid by Railroad) to defray any part of the cost
or expense incurred in connection with the construction of said
structure upon said property commenced within one (1) year from the
date first herein written.
10. Grantee, its agents and employees subject to provisions
hereof, shall have the privilege of entry on said property for the
purpose of constructing, reconstructing, maintaining and making
necessary repairs to said structure. Grantee agrees to gave Railroad
five (5) days' written notice prior to commencement of any work on
said structure, except emergency repairs, An which event Grantee
shall notify Railroad's authorized representative by phone. Grantee
agrees to keep said property and said structure im good amd safe
condition, free from waste, so far as affected by Grantee's oper-
ations, to the satisfaction of Railroad. If Grantee fails to
-3-
Form C-1
April, !985
keep said property and sald structure tn a good and safe condition,
free from waste, then Railroad may perform the necessary work at the
expense of Grantee, which expense Grantee agrees to pay to Railroad
upon demand.
11. In the event any work upon or in connection with said
structure or its appurtenances, to be done upon or adjacent to the
tracks and property of Railroad, should be let to a contractor by
Grantee, such work shall not be begun until such contractor shall
have first entered into an agreement with Railroad, satisfactory to
Railroad, and indemnifying Railroad from and against all claims,
liability, cost and expense growing out of the performance of the
work to be done by such contractor.
12. Insofar as it lawfully may, Grantee agrees to investigate,
release, defend and indemnify Railroad, its officers, employees,
agents, successors and assigns, from all claims, liability, cost and
expense howsoever same may be caused, including reasonable attorney
fees, for loss of or damage to property and for injuries to or death
of persons arising out of the construction, reconstruction, mainte-
nance, presence, use or removal of said structure, regardless of any
negligence or alleged negligence, active, passive or otherwise, on
the part of Railroad employees.
The word "Railroad" as used in this section shall be construed
to include, in addition to Railroad, the successors, assigns and
affiliated companies of Railroad and any other railroad company that
may be lawfully operating upon and over the tracks crossing or
adjacent to said structur6; and. the off~cers'and<emplo~ees~therGof.:
13. Should Grantee, its successors or assigns, at any time
abandon the use of said property, or any part thereof, or fail at any
time to use the same for the purpose contemplated herein for a
continuous period of one (1) year, the right hereby given 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 qualifica-
tion of the rights hereinabove reserved, 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 and privileges hereby granted,'
Grantee, at its own cost and expense, agrees to remove said structure
from said property and restore said property as nearly as practicable
to the same state and condition in which it existed prior to the
construction of said structure. Should Grantee in s'uch event fail,
neglect or refuse to remove said structure 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 Railroad
upon demand, or Railroad may, at its option, assume ownership of said
structure..
-4-
Form C-1
April, 1985
14. The parties intend that the promises and obltgatXons of
this indenture shall constitute covenants running with the land so as
to bind and benefit their respective successors and assigns.
STATE OF ¢ALZFOR~ZA
City ~nd County o~ San Francisco )
O,
~his
before ~e, Ro~e~ ~il~erson, a No~ery Public in and for ~he City and County of San Frendsc~ S%a~e of CaHfornia, personally
(one RarkeL Phzal a~peared ~.
Generel
Ry Co"m)sslon ExpJrns Feb.
known to ma (or proved to ne on the basis of satisfactory evidence} to be the
person whose name is subscribed tO this instrument, and acknowledged that be
(she or they) execS'ed it.
Ih NITNE$S YHEREOP, ! have hereunto set my hand and affixed my off~JL~al
seal st my office in the C?ty snd County of ~n Francisco. ~he~d~d year in
this certificate first above ~ritte. p~ ~ ~-~,~
.,
Notary Public in and for the Cityan4 Cornet ~&, Fran~is~ta{e of California.
By
CLerk
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' ' COUUOli STANDARD
~ - t /--'- ' ~ ~'. ' '" ::-~-ii;~,mil .......... PIPE-LI~ES"-
TO
NATH^N D. MAIER
CONSULTING ENGINEERS, INC.
Thlee NorthPark/8800 N. Centlal Expw¥./Sulte 300
Dallas, Texas 75231
(214)/739-4741
WE ARE SENDING YOU ~,~Attached (~ Under separate cover via
[~ Shop drawings [_] Prints [] Plans
[] Copy of letter E-J Change order L3
the following items:
[] Samples ~ Specifications
COPIES DATE NO DESCRIPTION
THESE ARE TRANSMITTED as checked below:
For approval
For your use
As requested
For review and comment
FOR BIDS DUE
cZ Approved as submitted
LJ Approved as noted
~j Returned for corrections
19
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