HomeMy WebLinkAboutResolution 1989-016
RESOLUTION NO. 89-16
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS, that:
1.
The Mayor be, and is hereby, authorized to execute the attached
Access Easement, dated January 25, 1989, from St. Louis Southwestern
Railway Company to the City, as the act and deed of the City.
2.
The City Manager is authorized to pay said Railway Company the sum
of $500 as consideration for said easement.
PASSED AND APPROVED this 27th day of February, 1989.
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ATTEST:
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APPROVED AS TO FORM AND LEGALITY:
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RECORDING REQUESTED BY
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-.J . AUDIT NO. Lo.._..4_..fR..:~__....
SPACE ABOVE THIS LINE FOR RECORDER'S USE
RELMIS:
THIS INDENTURE, made this -=<S!?2-- day
1989,
by and between ST.
TCC-626.20-X(N)
of 9~J7;
LOUIS SOUTffi~ESTERN RAILWA COMPANY, a
Missouri corporation, herein termed "Railroad", and THE CITY OF
NORTH RICHLAND HILLS, TEXAS, herein termed "Grantee";
WITNESSETH:
1. Railroad hereby grants to Grantee, subject to the
reservations and conditions herein contained, the right to
construct, reconstruct, maintain and use a private roadway in,
upon, along and across property and beneath tracks of Railroad, at
or near Smithfield (North Richland Hills), County of Tarrant, State
of Texas, in the location more particularly described in Exhibit
"A", attached and hereby made a part hereof. The property
described in Exhibit "A" is shown on the print of Railroad's
Drawing 84-9684 dated February 5, 1984, attached and made a part
hereof.
As a part consideration for the rights herein granted, Grantee
shall pay to Railroad the sum of Five Hundred Dollars ($500.00).
2. It is understood and agreed that said roadway shall be a
private one and is not intended for public use.
3. This grant is subject and subordinate to the prior and
continuing right and obligation of Railroad, its successors and
assigns, to use all the property described herein in the
performance of its duty as'a common carrier, and for that purpose
there is reserved unto Railroad, its successors and assigns, the
right (consistent with the rights herein granted) to construct,
reconstruct, maintain and use existing and future transportation,
communication and pipeline facilities and appurtenances in, upon,
over, under, across and along said property.
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Please return to:
Wanda Calvert
City of North Rich1and Hills
P.O. Box 820609
North Rich1and Hills, TX 76182
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4. This grant is made subject to all licenses, leases,
easements, restrictions, 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 against the
existence of any thereof.
5. The rights herein granted to Grantee shall lapse and
become void if the construction of said roadway upon said property
is not commenced within one (1) year from the date first herein
written.
6. Grantee, at Grantee's expense, shall:
(a) construct and maintain said roadway in a good
and safe condition, satisfactory to Railroad;
(b) keep the roadway clear of all rubbish, debris
and other material;
(c) construct and maintain roadway signs as
designated by Railroad;
(d) install and maintain such drai~age facilities,
barricades and fence gates as Railroad may
designate; and
(e) reimburse Railroad for any expense in
connection with any of the above, whether
performed by Railroad or Grantee.
7. Grantee shall not perform any work of construction or
repair on said roadway, except emergency repairs, unless Railroad's
Area Engineer is given five (5) days' advance notice thereof and
the approval of Railroad for such work is obtained in writing.
8. Operation of vehicles shall comply with posted signs.
Grantee shall not obstruct or interfere with the passage of
Railroad's trains.
9. Grantee shall pay for all materials joined or affixed to
said property and for all labor performed upon said property, at
Grantee's instance or request, and Grantee shall not permit or
suffer any mechanics' or materialmen's liens of any kind or nature
to be enforced against the property of Railroad for any such work
done or materials joined or affixed thereto.
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1512
10. In case either party shall successfully bring suit to
compel performance of or to recover for breach of any covenant or
condi tion hereunder, the unsuccessful party shall pay to the
prevailing party reasonable attorney fees in addition to the amount
of judgment and costs.
11. Grantee agrees to and shall indemnify and hold harmless
Railroad, its officers, agents, and employees from and against any
and all claims, demands, losses, damages, causes of action, suits,
and liabilities of every kind (including reasonable attorneys'
fees, court costs, and other expenses related thereto) for injury
to or death of a person or for loss of or damage to any property,
arising out of or in connection with any work done, action taken
or permitted by Grantee, its subcontractors, agents or employees
under this indenture.
IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO, BOTH
GRANTEE AND RAILROAD, THAT THE INDEMNITY PROVIDED FOR IN THIS
PARAGRAPH INDEMNIFIES RAILROAD FOR ITS OWN NEGLIGENCE, WHETHER THAT
NEGLIGENCE IS ACTIVE OR PASSIVE, OR IS THE SOLE OR A CONCURRING
CAUSE OF THE INJURY, DEATH OR DAMAGE; PROVIDED THAT SAID INDEMNITY
SHALL NOT PROTECT RAILROAD FROM LIABILITY FOR DEATH, INJURY OR
DAMAGE ARISING SOLELY OUT OF THE CRIMINAL ACTIONS OF RAILROAD, ITS
OFFICERS, AGENTS AND EMPLOYEES.
The term "Railroad" as used herein shall apply
successors, assigns and affiliated companies of Railroad
other railroad company lawfully operating over the tracks
location.
to +:.he
and any
at said
12. 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 h~ve the right, in addition to, but not in
qualification of the rights herein elsewhere reserved, to resume
exclusive possession of the 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 Grantee's expense, agrees to remove said roadway from
said property and leave Railroad's property and track area in a
neat, safe and clean condition, failing in which Railroad may
perform such work at the expense of Grantee.
13. Provisions hereof notwithstanding, Railroad reserves the
right to perform, at Grantee's expense, all or any portion of work
required in connection with the construction, maintenance, use and
removal of said roadway. If Railroad is to perform any work,
Grantee shall deposit with Railroad the estimated cost thereof and,
after completion of such work, the difference between the actual
0368
1513
cost to Railroad and such deposit shall be promptly paid by Grantee
or refunded by Railroad, as the case may be.
14. This indenture shall inure to the benefit of and be
binding upon the successors and assigns of the parties hereto. Any
assignment by Grantee of Grantee's rights hereunder shall be
subject to prior approval of Railroad, which approval shall not be
arbitrarily withheld.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed in duplicate the day and year first herein
written.
ST. LOUIS SOUTHWESTERN RAILWAY
COMPANY
By t1Jre ~
(Title) Sentor~ag~F.
Attest /)I. ~()lr::J/
Secretary
THE CITY OF NORTH RICH~D HILLS,
TEXAS ~
B~1~~,J
(Ti tIe) 1, .
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EXHIBIT "A"
BEING a 12 foot wide strip of land situated in the Heirs of
S. Sawyer Survey, Abstract No. 1425, City of North Richland Hills,
Tarrant County, State of Texas and being more particularly described
as follows:
co~œNCING at a point in the easterly line of Old Denton Highway
(U.S. 377) that is the northwest corner of Diamond Oaks North, an
addition to the City of Haltom City, Texas, as recorded in Volume
388-23, Page 25, Deed Records of Tarrant County, Texas,
THEl;CE, North 000 22' 09" East along the easterly line of Old
Denton Highway, 532.89 feet to a point in the southerly line of
the St. Louis Southwestern Railway Company's lands, said point
also being the beginning of a non-tangent curve to the right
having a radius of 2308.72 feet, a central angle of 160 5~' 14",
a tangent length of 344.78 feet and a chord bearing North 640 11' 34"
~ast 682.00 feet;
THENCE, in a northeasterly direction on said curve to the right,
leaving said Old Denton Highway, an arc distance of 684.50 feet to
a point in a line parallel with and distant 50.0 feet southerly,
~easured at right angles, from the center line of said Companyts
~ain track (Fort Worth Branch);
:HEUCE, North 720 41t ll" East along said parallel line and tangent
to curve at last-mentioned point, crossing Big Fossil Creek and
crossing the City Limits line into North Richland Hills, 1122.86 feet
Page 1 of 2
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"
,
'to the True Point of Beginning of the strip of land to be described:
THENCE, North 17° 33' 00" West, 100.00 feet to a point for corner
in the northerly line of said Company's land;
THENCE, North 72° 42' 11" East along said northerly line, being
parallel with and distant 50.00 feet northerly, measured at right
angles, from said center line of main track, 12.00 feet to a point
for corner;
THENCE, South 17° 33t 00" East, 100.00 feet to a point for corner
in said southerly line of said Company's land;
THENCE, South 72° 41' ll" I·;rest along said southerly line, being
parallel with and distant 50.00 feet southerly, measured at right
angles, from said center line, 12.00 feet to the True Point of
Beginning, containing an area of 1200 square feet, more or less.
Page 2 of 2
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