Thomas Easter Survey, Abstract No. 474 (St. Louis Southwestern Railway) - ROW [RAF /bds - VI - 5/4/87 - 80000/323 -2]
APPROVED AS TO FORM BY GENERAL COUNSEL C.S.7362
MARCH 15, 1973 OFFICIAL RECORD
STREET OR HIGHWAY IGHWAY EASEMENT
vJ t 111tPnfnwr, made this .2 day of Ina ✓ fiN) , 19 5'?, ' , by and between
ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, herein called "Railroad ", and
a Missouri corporation,
CITY OF SOUTH LAKE, a municipal corporation
of the State of Texas, herein called "Grantee ":
tt11UfS>p :
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-
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 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 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-
taining 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 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 Railroad 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 16 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. r
ST. LOUIS SOUTHWESTERN RAILWAY CITY (OFD e
COMPANY
ByGy / ..I By I� /i IP401
(Title) Senior Manager i Mayor
C tract nd Jom Fadlitie�
Attes I ;�GRM� BY 114-44./..._/ ..
Assistant Secretary Clerk
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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)
year thereafter.
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 reimbusred 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.
STATE OF CALIFORNIA 1
City and County of San Francisco 1 ss. ( 1 .1
On this da of +I Y� , in the year One Thousand Nine Hundred and Eighty �L��t ,
before me, SANDRO P. MICOCCI, a Notary Public in and for the City and County of San
Francisco, State of California, personally appeared W. E. FOWLER, personally known
to me (or proved to me on the basis of satisfactory evidence) to be the Sr. Manager 7
Contracts and Joint Facilities, of the corporation described in and that executed the
0 . P. MICOCCI within instrument, and also known to me to be the person who executed it on behalf of
the corporation therein named and he acknowledge to me that such corporation executed
the same.
Y
OF
IN ITNE55 WHEREOF, I have hereunto set my hand and affixed my official seal
at my o ice in the City a . County of San Francisco, the day and year in this
certifica a first above wr (r!
Corporation
Notary Public in and for the City and County of San Francisco State of California
My Commission Expires January 29, 1990.
*
Page 2 of Insert
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I N S E R T
Continental Boulevard, Crossing TCC- 615.23
City of South Lake, Texas
12. Railroad shall furnish all necessary labor, materials,
tools and equipment and shall perform the following work:
(a) install four (4) flashing light grade crossing
signals, equipped with automatic gate arms, together
with actuating and operating circuits and adequate
instrument housing, hereinafter collectively referred
to as "signals," at said highway;
(b) renew rail and ties;
(c) prepare subgrade stabilization, including
installation of cement - treated base, geotextile
fabric and drain pipe; and
(d) install 72 -foot wide rubber pad crossing.
Said signals shall be located approximately as indicated on
the print of Railroad's Drawing No. 86 -9813, dated December 10,
1986, attached and made a part hereof. Installation of and all
materials for said signals shall be in accordance with Railroad's
usual standards.
Grantee agrees to reimburse Railroad for one hundred
percent (100 %) of the cost and expense incurred by Railroad in
connection with furnishing materials and performing the work
specified in this Section 12.
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. 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 performed 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.
41ti111.
EXHIBIT "A"
BEING a 0.313 acre tract of land situated in the Thomas
Easter Survey, Abstract No. 474 in the City of Southlake, Tarrant
County, Texas, and being a portion of land (100 feet wide) of St.
Louis Southwestern Railway Company and being more particularly
described as follows:
COMMENCING at a 3/4 inch iron rod found in the northwesterly
line of said Company's land that is the southwest corner of Lot 10A of
the Replat of Grapevine Industrial Park according to the plat recorded
in Volume 388, Page 140, of the Plat Records of Tarrant County,
Texas;
THENCE South 58 °59'13" West along said northwesterly line, a
distance of 1,319.39 feet to the TRUE POINT OF BEGINNING of the herein
described tract of land;
THENCE South 41 °15'36" East, a distance of 101.60 feet to a
point in the common line of said land of St. Louis Southwestern
Railway Company, and the northwesterly right of way line of State
Highway No. 26 (90 foot right -of -way) for a corner;
THENCE South 58 °56'12" West along said common line, a
distance of 136.15 feet to a point for corner;
THENCE departing said common line, North 41 °15'36" West a
distance of 101.60 feet to a point in said northwesterly line of land
of St. Louis Southwestern Railway Company for a corner;
THENCE North 58 °56'12" East along last said northwesterly
line, a distance of 136.15 feet to the TRUE POINT OF BEGINNING,
containing an area of 0.313 of an acre, more or less.
-Page 1 of 1-
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