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HomeMy WebLinkAboutResolution 1988-015 RESOLUTION NO. 88-15 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: The Mayor be, and is hereby, authorized to execute the agreement between the City of North Richland Hills and Southern Pacific Transportation Company, a copy of which is attached to this resolution, as the act and deed of the City of North Richland Hills. 23rd day of May ,1988, A.D. PASSED AND APPROVED this APPROVED' '\ ~~ ATTEST: ~tw~ C~ Secretary ~' ~ APPROVEO AS TO FORM BY GENERAL COUNSEL MARCH 15, 1973 C.5.1362 STREET OR HIGHWAY EASEMENT mITis 11ÙIruturr. made this !TJ#> day of ~ ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, a Missouri corporation, >')1 !Ii ':;,:..;!) t·1 (' , 19 W ,by and bet:;~~~~(1 i:;': herein called "Railroad", and CITY OF NORTH RICHLAND HILLS, a municipal corporation of the State of Texas, > ~~xx-~~X address: City Hall, North Richland Hills, Texas, herelncallea "Grantee"; 11 tttttSsrt1y: 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 pl'O- perty described in the performance of its duty as a common carrier, and there is reserved unto Railroad. its successOl's 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 daims 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 authOl'Îze the installation of any ditches, pipes, drains, sewer 01' underground structures, or the facilities of any telegraph. telephone or electric power lines in. upon, over, under, across or along said pl'opel"ty, 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 ahandon 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, 01' 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 01' discontinued, arid' Railroad sháll 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 01' refuse to so remove said highway and restore said property. sllch 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 he binding upon the successors and assigns of the parties hereto. 11. Section 12 to 16 inclusive on the attached insert are hereby made parts of this indenture. IN WITNESS WHE[{~OF, the parties hereto have caused these presents to be executed in 'd~Pj¡~'~f;e'aS .of. the, day and year first herein written.', , . ST. LOUIS SOUTHWESTERN RAILWAY COMPANY,'. By It:~ ::jÎftf-Úf-t ( T 1t,,::L, Sanldr),4amiger Attes~' ·1:~o;¿,-I7::J1F.rJnti9S " ";\ASBIST.ÅIÌIT SECRETARY By 9.3h~ (,5) '.__'"'"_~'___'~."A~"_____~_'__"'~'____""__'_"'-___~__'~·_V.~.'''_ J INSERT WATAUGA ROAD, CROSSING TCC-623.33 CITY OF NORTH RICHLAND HILLS 12. Railroad shall furnish the 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 two (2) of which shall have additional lights units mounted on cantilevered arms together with necessary actuating and operating circuits and adequate instrument hosing, hereinafter collectively referred to as "signals" at said highway. Said signals shall be located approximately as indicated on the print of Railroad's Drawing 87-9835, dated June 30, 1987, attached and made a part hereof. Installation of and all materials for said signals shall be in accordance with Railroad's usual standards; (b) remove existing crossing surface; (c) prepare track including any necessary relay of rail and ties; and (d) install a rubber pad crossing through the existing and widened portions of the crossing area. Grantee agrees to reimburse Railroad 'fbr one hundred percent (100%) of the cost and expense incurred by Railroad in furnishing materials and perform~ng the work specified in this Section 12. The estimated amount reimbursable to Railroad by Grantee iS,Two Hundred Forty-three Thousand Four Hundred Twenty-nine Dollars ($243,429). 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 percen~ (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. 14. After installation of said signals has been completed, Railroad shall maintain same so long as they remain in place. It federal funds or any other governmental funds for maintenance become O~3G~) 0651 , . available, Railroad shall be reimbursed to the extent of such availability. 15. 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. 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. 09365 U652 ~ ~ J ". EXHIBIT "A" All that certain piece or parcel of land situate in the City of North Richland Hills, County of Tarrant, State of Texas, more particularly described as follows: Beginning at an iron rod at the southeast corner of Lot 18, Block 23, of the North Park Estates, being also a point in the northerly line of land, 100 feet wide, of the St. Louis Southwestern Railway Company opposite Engineer's Station 7588+0l~ thence South 73°13'47" East, 150.51 feet to a point in the southerly line of said Company's 1and~ thence South 65°08' West, along said southerly line, 255.29 feet~ thence North 82°16'13" West, 185.63 feet to a point in said northerly line~ thence North 65°08' East, along last said line, 299.19 feet to the point of beginning, containing an area of 27,724 square feet, more or less. - Page 1 of 1 - O~3G5 0653 . . ~ " ~ o ;; o 7 ~ ò UI ~ '" ~ ~ 9 ~ ~ ~ ~ Q ~ ~ r" ~~~~~ ~~~ C) !0~~~1:) ~ tb ¿ ~ :;. .... Ib ~ ~ 0\ b " . " » þ ,., þ 0 ~ < , ~ ~ ~ ,., n . ~ . " .. 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()~ O')~ ~t> t:: " " " Ie, Il\. l-0 ,''<I' I ~ '" " " " i)t ~ ~ ~ ~ (J1 0. [113115 "'-tIP(