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HomeMy WebLinkAboutResolution 1986-021 RESOLUTION NO. 86-21 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 agreement on behalf of the City of North Richland Hills, Texas. Passed and approved this 12th day of May, 1986. ~~ Dan Echols, Mayor ATTEST: , -<- ¿u.."t-) City Secretary v -~.~ o FORM AND LEGALITY: Att '¡". · ~-----_.~.- AND WHEN RECORDED MAIL TO me' , eel dress y Ie L I I -1 SPACE ABOVE THIS LINE FOR RECORDER'S USE RELMIS: TCC-623.10-X(N) THIS INDENTURE, made this day of , 1986, by and between ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, a Missouri corpora- tion, herein termed "Railroad," and CITY OF NORTH RICHLAND HILLS, a municipal corporation of the State of Texas, herein termed "Grantee"; WITNESSETH: 1. Railroad hereby grants to Grantee, subject to the reservations, covenants and conditions herein contained, the right to construct, recon- struct, maintain and operate a concrete-lined drainage channel, herein- after referred to as "structure," in, upon, along, across and beneath Railroad's tracks and property through Railroad's existing fifty-five (55) foot open deck trestle (Structure No. 623.10), 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 84-9731 dated November 8, 1984, attached and made a part hereof. * * -1- · ---.'..---.---.---------'..----."'.-.--' --'-'-- --"--" 2. Project markers in form and size satisfactory to Railroad, identifying the facility and its owner, will be installed and constantly maintained by and at the expense of Grantee at Railroad property lines or such locations as Railroad shall approve. Such markers shall be relocated or removed upon request of Railroad without expense to Railroad. Absence of markers does not constitute a warranty by Railroad of no subsurface installations. 3. This grant is made 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 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 railroad tracks, facilities and appurtenances and existing and future transportation, communication and pipeline facilities and appurtenances in, upon, over, under, across and along said property. 4. This grant is made subject to all licenses, leases, ease- ments, restrictions, conditions, 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 structure upon said property is not commenced within one (1) year from the date first herein written. 6. Grantee shall bear the entire cost and expense of construct- ing, reconstructing and maintaining said structure upon said property. Grantee agrees that all work upon or in connection with said structure shall be done at such times and in such manner as not to interfere in any way whatsoever with the operations of Railroad. The plans for and the construction or reconstruction of said struc- ture shall be subject to the approval of Railroad. Grantee agrees to reimburse Railroad for the cost and expense to Railroad of furnishing any materials or performing any labor in connection with the construction, reconstruction, maintenance and removal of said structure, including, but not limited to, the installation and removal of such falsework and other protection beneath or along Railroad's tracks, and the furnishing of such watchmen, flagmen and inspectors as Railroad deems necessary. 7. In the event Railroad shall at any time so require, Grantee, at Grantee's expense, shall reconstruct, alter, ~~kRgA~~x~.~~x~~~~ ~~x~ or otherwise improve said structure upon receipt of written notice from Railroad so to do. -2- 8. Grantee shall, at its expense, comply with all applicable laws, regulations, rules and orders regardless of when they become or became effective, including, without limitation, those relating to health, safety, noise, environmental protection, waste disposal, and water and air quality, and furnish satisfactory evidence of such compliance upon request of Railroad. Should any discharge, leakage, spillage, emission or pollution of any type occur upon or arise from the premises covered hereunder as a result of Grantee's use, presence, operations or exercise of the rights granted hereunder, Grantee shall, at its expense, be obligated to clean all property affected thereby, whether owned or controlled by Railroad, or any third person, to the satisfaction of Railroad (insofar as the property owned or controlled by Railroad is concerned) and any governmental body having jurisdiction in the matter. Railroad may, at its option, clean Railroad's premises~ if Railroad elects to do so, Grantee shall pay Railroad the cost of such cleanup promptly upon the receipt of a bill therefor. Grantee agrees to investigate, release, indemnify and defend Railroad from and against all liability, cost and expense (including, without limitation, any fines, penalties, judgments, litigation costs and attorney fees) incurred by Railroad as a result of Grantee's breach of this section, or as a result of any such discharge, leak- age, spillage, emission or pollution, regardless of whether such liability, cost or expense arises during the time this indenture is in effect or thereafter, unless such liability, cost or expense is proximately caused solely and exclusively by the active negligence of Railroad, its officers, agents or employees.' 9. As part consideration, Grantee agrees to pay Railroad an amount equal to any and all assessments which may be levied by order of any authorized lawful body against the property of Railroad (and which may have been paid by Railroad) -to defray any part of the cost or expense incurred in connection with the construction of said structure upon said property commenced within one (I) year from the date first herein written. 10. Grantee, its agents and employees subject to provisions hereof, shall have the privilege of entry on said property for the purpose of constructing, reconstructing, maintaining and making necessary repairs to said structure. Grantee agrees to give Railroad five (5) days' written notice prior to commencement of any work on said structure, except emergency repairs, in which event Grantee shall notify Railroad's authorized representative by phone. Grantee agrees to keep said property and said structure in good and safe condition, free from waste, so far as affected by Grantee's oper- ations, to the satisfaction of Railroad. If Grantee fails to -3- keep said property and said structure in a good and safe condition, free from waste, then Railroad may perform the necessary work at the expense of Grantee, which expense Grantee agrees to pay to Railroad upon demand. II. In the event any work upon or in connection with said structure or its appurtenances, to be done upon or adjacent to the tracks and property of Railroad, should be let to a contractor by Grantee, such work shall not be begun until such contractor shall have first entered into an agreement with Railroad, satisfactory to Railroad, and indemnifying Railroad from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. 12. Insofar as it lawfully may, Grantee agrees to investigate, release, defend and indemnify Railroad, its officers, employees, agents, successors and assigns, from all claims, liability, cost and expense howsoever same may be caused, including reasonable attorney fees, for loss of or damage to property and for injuries to or death of persons arising out of the construction, reconstruction, mainte- nance, presence, use or removal of said structure, regardless of any negligence or alleged negligence, active, passive or otherwise, on the part of Railroad employees. The word "Railroad" as used in this section shall be construed to include, in addition to Railroad, the successors, assigns and affiliated companies of Railroad and any other railroad company that may be lawfully operating upon and over the tracks crossing or adjacent to said structure, and the officers and employees thereof. 13. 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 purpos~ contemplated herein for a continuous period of one (I) year, the right hereby given 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 qualifica- tion of the rights hereinabove reserved, 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 and privileges hereby granted, Grantee, at its own cost and expense, agrees to remove said structure from said property and restore said property as nearly as practicable to the same state and condition in which it existed prior to the construction of said structure. Should Grantee in such event fail, neglect or refuse to remove said structure 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, or Railroad may, at its option, assume ownership of said structure. -4- 14. 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. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate as of the day and year first herein written. ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, By (Title) Attest: Assistant Secretary CITY OF NORTH RICHLAND Mayor , , , , By ~ By('J:¿ã,H'£Øv ¿¿~ 17 Clerk II' , ,\' I I I \' \ " -5- ,,,,,,"~.....,-,..,...., EXHIBIT -"'- A 0.124 acre tract of land situated in the John H. Barlough Survey Abstract 1010, Tarrant County, State of Texas, being a portion of land (100 feet wide) of St. Louis Southwestern Railway Company, more particularly described by metes and bounds as follows: BEGINNING at a point in the northwesterly line of said Company's land that is distant thereon North 65058'31" East 146.68 feet from the center line of Holiday Lane (Old Fox Hollow Lane, 60 foot wide) as designated in a Plat of Fox Hollow Addition and recorded in Volume 388-110, Page 17 of the Plat Records of Tarrant County, Texas~ THENCE North 65°58'31" East along said northwesterly line, 54.00 feet to a point for corner~ THENCE South 24001'29" East 100.00 feet to a point for corner in the southeasterly line of said company's land~ ' THENCE South 65038'31" West along said southeasterly line, 54.00 feet to a point for corner~ THENCE North 24001'29" West, 100.00 feet to the POINT OF BEGINNING, containing-an area of 0.124 of an acre, more or less, of land. -Page I of l- :..r,~)),t .1111): ~,,--, ,- I ~ , , I ~ , ::0" »::0 r - 0 "" r" Ci) ~ 0 rr1 ~ (I) Z fT1 0 ::00 I fT1 0» ~~ ;¡c: T Z -i T X (J) -i Z G> o -i o :I: " ::0 o ." o (J) T o o o z o ::0 m -i rr1 ::0 ." ::0 » ." 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