Fairways-CN 880810The City W,th A BeauUful Fut,~
August 10, 1988
Mr. Nat
ineers
Northpark, Suite 300
88 N. Central Expressway
[las, Texas 75231
P 0 Box 478
Co ell, Texas 75019
2 0022
Fairway Drive Railroad Crol ng/St. Louis & Southwestern Railway
De Mr. Meier:
As discussed is a copy of the proposed agreement. It
appt to seek City Council approval and there is a funding
commitment of $153,439, that you have indicated would be assumed by your
client.
Please arrange and coordinate with Frank Trando for the funding process.
Once your package is set-up and ready, please submit to me for review
and approval by Ginn, Inc., and the City Attorney. I will then seek
City Council approval.
If there are any other needs regarding this matter please advise.
Please advise me as to the "fiber optic line" that will be installed by
the Railway Company.
The City will need a drawing containing existing and proposed exhibit-
ing, at least how "Exhibit A" of the agreement ties into our
Right-of-Way etc. Does the twenty (20) foot height limitation con-
straint our abilities for any requirements such as twenty-one (21)(?)
foot clearance of over-head wires?
There is a two (2) year construction spec. (paragraph 4). What is the
timing of the construction of Fairway Drive and/or the City's guarantee
that it will be constructed?
Do we have all other easements for our public improvements across this
rail line? (paragraph 5).
Would there be any Federal Safety Funds available for this project?
FORWARDED TO
MAYOR AND COUNCIL
DATE: -
By copy of this letter, I am alerting the related City Departments of
this pending construction, and providing them the opportunity of review
and comment.
Thank you.
l~/~Ity Engineer
RRD/lsg
xc: (letter and drawing)
Alan Ratliff, City Manager
Frank Trando, Deputy City Manager/Finance Director
Taryon Bowman, P&Z Coordinator
Shohre Daneehmand, Civil Engineer
Larry Jackson, City Attorney (with Agreement)
Wayne Ginn, Ginn, Inc.
Steve Goram, Director of Public Works
Richard Terry, Acting Fire Chief
Tom Griffin, Police Chief
FRWY.RR.CRSNG
ME"MO1
~RTHUR 8LVO. 2885'
TO FT WORTH
44/
439
BELT tiN& ROAD
9
$cole: ,,
I = I00' Hor,z
I0
"P. 5;
PROPOSED EASEMENT
.'-- ' 665~4f 74 I = TCC 605'6§ ~0
..... ~ /00' PL~S~NT
~ PROPOSED 48' RUBBER CROSglNG
LEGEND
II
- 45f
449
447
St. Louis Soutl~vestem
Reilw~y Company
COPPEL L.t rE XA5
CITY Of' COPPELL
August 3, 1988
GMO 84468
City of Coppell
P. O. Box 478
Coppell, Texas
750~9 .........
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 ~ 5.
Asst. Superintendent
AS:jr
Attachment
APPROVED AS TO FORM BY GENERAL COUNSEL
MARCH [E, 1973
CS7362
STREET GR HIGHWAY EASEMENT
·his lm enlure, made this 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 "Grantee":
1. That Railroad hereby grants to Grantee the right to construct, reconstruct, maintain and use a street or highxvay,
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 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-
perry 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 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 highxvay.
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 prem'ses.
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 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 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.de 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, ~vhich expense Grantee agrees to pay to Raih-oad upon demand.
i0. This indenture shall inure to the benefit of and be binding upon the suocessors and assigns of the partise hereto.
11. Sections 12 to 16 inclusive on the attached insert are hereby made parts of this
indenture.
IN WITNESS WHEREOF, the parties hereto h~ve caused these presenta to be
year first herein written.
ST. LOUIS SOUTHWESTERN RAILWAY COMPANY CITY ~1~ COPPELL .
By
~ttest
· Clerk
By
~Title)