Royal Lane Ext/FP-CS 870728RESOLUTION NO. 081187.1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS, AUTHORIZING ACCEPTANCE OF A
NON-EXCLUSIVE EASEMENT FOR AN AT-GRADE PUBLIC
STREET RIGHT-OF-WAY CROSSING, RELATED SLOPE AND
DRAINAGE EASEMENTS AND UNDERGROUND UTILITY
EASF_~4ENTS TO A TRACT OF LAND APPROXIMATELY 13,463
SQUARE FEET IN AREA OWNED BY THE ST. LOUIS
SOUTHWESTERN RAILWAY COI~PANY AND LOCATED WITHIN
THE PROPOSED ROYAL LANE EXTENSION IN THE CITY OF
COPPELL, DALLAS COUNTY, TEXAS; AUTHORIZING
EXECUTION OF THE EASEMENT DOCUI~_~NT BY THE MAYOR OF
THE CITY OF COPPELL, TEXAS; PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That the City of Coppell, Texas, hereby accepts
the document entitled Street or Highway Easement, attached hereto
and made a part hereof and marked Exhibit "A" ("Easement") which
said Easement grants a non-exclusive easement for an at-grade
public street right-of-way crossing, related slope and drainage
easements, and underground utility easements to a tract of land
approximately 13,463 square feet in area owned by the St. Louis
Southwestern Railway Company and located within the proposed
Royal Lane Extension in the City of Coppell, Dallas County,
Texas.
SECTION 2. That the City Council of the City of Coppell,
Texas additionally authorizes the Mayor of the City of Coppell,
Texas to execute the Easement.
SECTION
immediately
resolved.
3. That this Resolution shall take effect
from and after its passage, and it is accordingly so
DULY RESOLVED by the City Council of the City
Texas on the 28th day of July, 1987.
of Coppell,
ATTEST:
APPROVED AS TO FORM:
APPROVED:
152:D071787F.00
APPROVED AS TO FORM BY GENERAL COUNSEL
MARCH 15,1973
C.S.7362
STREET OR HIGHWAY EASEMENT
l e.ture, madethisday of .0
a Missouri corporation,
CITY OF COPPELL, a municipal corporation of the State of Texas,
,1987 , by and between
herein called "Railroad", and
herein called "Grantee":
Itlnesselh:
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 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 necessar%' 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 reconsU'uction 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 at)put'te-
nant materials and leave same in place. In such event, Raih'oad 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 l~roperty or any part d~ereof, or fail to use the same for said
purpose for a continuous period of one (il 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 eonditi(m 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 Raih'oad 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 through 17 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.
ouIs souT. ES S ILW Y
Secretary
CITY OF COPPELL
~NO~E~~S
STATE OF TEXAS
COUNTY OF DALLAS
This Street &highway Easement was acknowledged before me on
the //~J~ day of ;~%G~ , 1987, by Leu Duggan, Mayor of the
City of Coppell, on behalf of said City.
M ,~"~is sion E~,.ires:
,,~'~" /%. '~.°~ nOROTHY T.,7:MONS
of Texas
S1AIE OF CALIFOIINIA )
COt), and Count)` of San Francisco )
.,_ .,.,. //3 ~'~ ,,.,. of .-C,_~%~, ~, th, ,,. h ,,--,.d ,,., ,~*- -~ E,,,t, ~
u. ~,,., ~_~., .... ___ .... ,L ~a r;t' u~ ~ount- of San Fr~clsco, State of California, par;softail)` aei~ared
before Nj I(OOer alike'SOft; a ROT:Ir)' I'UDIIC In Mil; Tin- ~,-,¥ Ipnlu I,w, ;
L./-t_ /-~Tte__¥~' ,, ,
k~°Nn to N Iorjpj~ve'd ta la an the ba~is~o[sitlslK~ry oviclence) to h the ~
...... ,,,,~~-- ~ to ne [o be the parson . .ho executed It on behalf of tho corporation thm~in named
- .-- '""'"'""'
-- office in the City)mt~-U~'l~Of San Francisco, the_d~ an(I )`ear in this certiftc~ta first above
Marry hblic~and for tM C(~.~t), ~ CaLory of San Fra~ls~, Seato of Col Ifornio,
My Coeaissio~ Expires Feb. 21, lgg!
INSERT
Royal Lane Crossing
City of Coppell, Texas
12. Railroad shall design and construct the railroad
crossing within two feet outside the rails, install related
warning devices and rearrange trackage in accordance with the
general locations shown on the plans set forth in Exhibit "B",
attached hereto and made a part hereof (the "Plans") and commen-
surate with standards of the railroad industry (this work to be
performed by Railroad collectively referred to as "Construction").
The railroad facilities shall either be (a) relocated in the
general location shown on the Plans, or (b) relocated to an area
that will result in less interference of railroad equipment with
vehicular traffic using the at-grade Royal Lane crossing. The
Railroad agrees to commence Construction on or before July 10,
1987. Railroad shall use due diligence to complete the Construc-
tion no later than December 31, 1987 ("Completion Date"). If
Railroad fails to substantially complete the Construction on or
before the Completion Date, Railroad shall be liable to pay
Grantee the sum of $500.00 per calendar day as liquidated damages
until substantial completion is accomplished.
13. Grantee shall pay to the Railroad the amount of
$193,865.00 for the cost of rearranging its tracks, the amount of
$72,714.00 for the cost of the construction of the at-grade
crossing, and the amount of $170,000.00 for the cost of the pur-
chase and installation of necessary warning devices. Following
execution of the Easement, Railroad will order the delivery of
all materials required to perform the Construction and shall sub-
mit to Grantee a bill for $305,605.30, representing 70% of the
above-noted amounts. As soon as the crossing signals and the
crossing surface have been placed in operation, Railroad shall
submit to Grantee a final bill for $436,579.00, less progress
payment made by Grantee hereunder. Grantee shall pay all of such
bills promptly, but shall not be responsible for the payment of
bills that exceed the dollar amounts set forth herein.
14. Notwithstanding any contrary provision contained
hereinl this Easement grants a non-exclusive easement for an at-
grade public street right-of-way crossing, related slope and
drainage easements and underground utilities, including, but not
limited to, the right to bore under the railroad tracks to con-
struct a 16-inch water line, sanitary sewer facilities and
other underground utilities within the Easement, plans for which
Page 1 of 2 of Insert
shall be subject to approval by Railroad, which approval shall
not be unreasonably withheld. Grantee shall have the immediate
right to access and use the Easement to construct the highway,
construct utilities, and perform any other work authorized by
this Easement.
1987.
15.
The Construction shall be completed by December 31,
16. After installation of said signals has been com-
pleted, 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.
17. The parties intend that the promises and obliga-
tions of this indenture shall constitute covenants running with
the land so as to bind and benefit their respective successors
and assigns.
Page 2 of 2 of Insert
EXHIBIT
A parcel of land situated in the S.A. & M.G.R.R. Survey,
Abstract No. 1439, City of Coppell, County of Dallas, State of Texas,
being a portion of land, 100 feet wide, of St. Louis Southwestern
Railway Company, and more particularly described as follows:
Beginning at the Dallas-Fort Worth Airport Monument No. 27 at
the point of intersection of the easterly line of Dallas-Forth Worth
Airport's land with the northerly line of said Company's land: thence
North 86"01'00" East along said northerly line, being parallel with
and distant 50 feet northerly, measured at right angles from the
original located center line of St. Louis Southwestern Railway
Company's main track (Forth Worth Branch), 35.00 feet: thence leaving
said northerly line, South 56"12'50" West 42.14 feet to the southerly
prolongation of said easterly line: thence South 0°17'00" West along
said prolongation, 33.28 feet to a point distant thereon North
0°17'00" East 46.00 feet from the Dallas-Fort Worth Airport Monument
No. 26, last said monument being in the southerly line of said
Company's land: thence leaving said prolongation, South 89"43'00" East
5.00 feet: thence South 52°49'09" East 23.68 feet; thence South
0°17'00" West 30.00 feet to said southerly line: thence westerly along
said southerly line, being parallel and concentric with and distant 50
feet southerly, measured at right angles and radially from said center
line, the course and curvature thereof as follows: South 86'01'O0"West,
42.95 feet to a 1/2 inch iron rod at a point, and westerly on a curve
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to the left, tangent to said curve at last said point is last
described course, having a radius of 2814.79 feet, through a central
angle of 2"12'30", an arc distance of 108.49 feet: thence leaving said
southerly line, North 13"58'14" East 50.29 feet; thence South
89"43'00" East 5.00 feet to a line that is parallel with and distant
110 feet westerly, measured at right angles from said southerly
prolonggtion; thence North 0"17'00" East along last said parallel
line, 2~.55 feet to a point distant thereon South 0"17'00" West 32.00
feet from its point of intersection with said northerly line; thence
leaving last said parallel line, North 52"28'39" West 46.19 feet to a
point in said northerly line: thence easterly along said northerly
line, the curvature and course thereof as follows: easterly on a curve
to the right, ranger to said curve at last said point bears North
83"38'18" East, having a radius of 2914.79 feet, through a central
angle of 2"22'42", an arc distance of 120.99 feet to a 1/2 inch iron
rod at a point, and North 86"01'00" East, tangent to said curve at
last said point, 26.41 feet to the Point of Beginning, containing an
area of 13463 square feet, more or less.
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