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Riverchase(3)-CN 860522[RAF - VI - 1/14/86 - 48150/323] APPROVED AS TO FORM BY GENERAL COUNSEL MARCH 15, 1973 STREET OR HIGHWAY EASEMENT ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, a Missouri corporation, , 19~'6 , by and between herein called "Railroad", and CITY OF COPPELL, a municipal corporation of the State of Texas, address: P. 0. Box 478 Coppell, TX 75019 hereincalied"(h'antee': 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- lay 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 facilities 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 comm-~n 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 lines 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 here~ 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 shai] bear the entire expense of constructing, reconstructing and main- tailing 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 place. 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 ~o 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 ~id property or any part tbe~eof, 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 m' discontinued, and Railroad shall at once have the right, in addition to but not in qualification of the rights bereinabove re- served, to resume exclusive possession of said property or ~be 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 ~)rior to construction of said highway, and to bear the ex,;-ense thereof. Should Grantee in such event fail, neglect or refuse to so remove said highway and restore said property, s~ch removal and restoration may be performed by Railroad at the expense of Grantee, which expense Grantee agrees to pay :~ Raib.oad upon demand. 10. This indenture shah inure to the benefit of and be binding upon the successors and assigns of the parties herete. 11. Sections 12 to 17, inclusive, on ~-he attached insert, are h~reby made parts of this ip~enture. 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. COMPANY, By (Title) .Attest: LOUIS SOUTHWESTERN RAILWAY Assistant Secretary CITY OF CO~LL, B~= - Mayor Clerk ~? cm~'msmo~ ~mu~s Jmv 10. 19E9 ~.na~m~toOet~e Manaaer-M~scellaneous Con~rac=s and ,~s s is ~a.z',= S~cre:ary INSERT MacArthur Boulevard Crossing TCC-606.20 City of Coppell 12. Railroad shall furnish the necessary labor, materials, and equipment and shall perform the following work: (a) install four (4) flashing light grade crossing signals equipped with automatic gate arms, two (2) of which shall be equipped with additional light units mounted on cantilever arms, together with necessary actuating and operating circuits and adequate instrument housing, hereinafter collectively referred to as "signals," at said highway. Said signals shall be located approxi- mately as shown on the print of Railroad's Drawing 85-9732 revised November 5, 1985, attached and made a part hereof; tools (b) prepare tracks, including necessary relay of rail and ties; and (c) install a rubber pad crossing through the entire crossing area. Grantee agrees to reimburse Railroad for one hundred percent (100%) of the cost and expense incurred by Railroad in furnishing materials and performing the work specified in this~SE :ion 12, for an amount not to exceed $219,278.00.~ 13. Following execution of this instrument, Railroad will order the delivery of all materials required to perfo.rm the work contemplated here- in and shall submit to Grantee a bill for ezghty percent (80%) of Grantee's share of the estimated cost of materials to be furnished by Railroad. As 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. Following completion of audit, Railroad shall submit to Grantee a final bill for the actual total cost of the work per- formed 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 audited total final cost, the difference shall be promptly refunded to Grantee by Railroad. Page 1 of Insert 14. After installation of said signals has been completed, Rail- road shall maintain same so long as they remain in place. In federal funds or any other governmental funds for maintenance become available, Railroad shall be reimbursed to the extent of such availability. 15. The work to be performed by Railroad hereunder shall be com- menced as soon as labor and materials are available, following execution of this instrument. Railroad shall use its best efforts to complete its work herein described by June 17, 19~, ~~· ~/~.~ 16. Upon the opening of said hzghway to public use, the existing crossings at Mile Posts 606.28 and 606.49 shall be removed and closed to public use. nten~t ~/~,~/~ 17. The parties i hat 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. Page 2 of Insert Exhibit "A" BEING a tract of land in the City of Coppell out of the Singleton Thompson Survey, Abstract No. 1493, Dallas County, Texas and being more partic- ularly described as follows: COMMENCING, at a 3/8-inch iron rod found at the intersection of the Southeast Property Line of a 130-foot Dallas Power and Light Co. Right-of-Way, as recorded in Volume 4594, Page 302 of the Deed Records of Dallas County, Texas, with the Northerly Line of the St. Louis Southwestern Railway Company's land (100 feet wide}; THENCE, S 86° 21' 18" E, along the said Northerly Line of the St. Louis Southwestern Railway Companx's land, a distance of 674.44 feet to the PLACE OF BEGINNING. THENCE, S 86' 21' 18" E, continuing along said Northerly line, a distance of 180.22 feet to a point for corner; THENCE, S O0° 02' 08" W, a distance of 100.20 feet to a point for corner in the Northerly Line of Belt Line Road (120-foot R.O.W.}; THENCE, N 86° 21'18" W, along last said Northerly Line of Belt Line Road, and also the Southerly Line of land {100 feet wide) of St. Louis Southwestern Railway Company, a distance of 180.22 feet to a point for corner; THENCE, N O0© 02' 08" E, a distance of 100.20 feet to the PLACE OF BEGIN- IJING: CONTAINING, 0.4137 acres (18,021.87 sq. ft.) of land. Page 1 of 1 E.$. 66B$~9.~ ~ Proposed 84'Rubber C~gsing. ~ ~roposed Flasher L,ghts e Gates BELT LINE ~ RO~D ~ ~ 0 EL. 439,45 X-SECTION OF R 0 W ~LONG PRO ~ OF CROSSING Prooose~ MocArthur 8oulevord CITY OF COPPELL Office Of Ar~ Engineer LEGEND Oat~os~ Texas Engineering Department Ms. Dorothy Timmons City Secretary City of Coppell P. O. Box 478 Coppell, ~X 75019 June 3, 1986 Re: MacArthur Boulevard Street Easement Dear Ms · Timmons: Enclosed is City's fully-executed counterpart of easement agreement in connection with above-styled project. Very truly yours, D. R. Andrews Field Engineer Enclosure