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HomeMy WebLinkAboutResolution 1983-004 RESOLUTION NO. 83-4 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 28th day of February, 1983. ATTEST: INS E R T Rufe Snow Drive Crossing TCC-624.47 City of North Richland Hills 12. Railroad shall furnish the necessary labor, materials, tools and equipment and shall perform the following work: (a) relocate two (2) existing flashing light grade crossing signals with gate arms from their present locations to the outer quad- rants of the new highway; and (b) install two (2) additional flashing light grade crossing signals equipped with automatic gate arms in the median islands. The flashing light grade crossing signals with automatic gate arms, , specified in items (a) and (b) above, together with necessary actuating and operating circuits and adequate instrument housing, shall hereinafter be collectively referred to as "signals." '; Said signals shall be located approximately as shown on the print of Drawing 82-9566 dated April 27, 1982, 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 fifty percent (50%) of the cost and expense incurred by Railroad in furnishing materials and pe~forminc the work specified in this Section 12. 13. Railroad, at its expense, shall prepare its tracks for said high- way, including subgrade stabilization and renewal of rail. Railroad, at Grantee's expense, shall furnish and install the rubber pad crossing portion of said highway. Grantee agrees to reimburse Railroad for all cost and expense incurred by Railroad in connection therewith. 14. Railroad shall submit to Grantee a bill for eighty percent (BO%) of the estimated cost to Railroad in performing work for which Grantee is obligated to reimburse Railroad hereunder upon completion of such work, which bill G~antee agrees to promptly pay. Should the actual cost prove upon completion of audit to be more or less than such estimated cost, the difference shall be promptly paid by Grantee, or refunded by Railroad, as the case may be. 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. Page 1 of Insert 16. Grantee, at Grantee's expense, shall install, maintain and later remove a temporary detour road in the vicinity of the said highway. Railroad, at Grantee's expense, shall install and later remove two (2) ,flashing light signals with automatic gate arms at said temporary detour road. Grantee agrees to reimbufse Railroad for all cost and expense to Railroad in connection therewith. 17. 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. * * * * Page 2 of Insert -.n..&4...:U.x.. J.... ~- £"1.- A tract oi land situated in the City of North Richland Hills, County of Tarrant, State of. Texas, being a parcel of land in the James'M. Gre<;Jo.ry Survey·, Abstract 63'a, said parcel 'being also a portion of land (lOa feet wide} of St. Louis Southwestern Railway· Company of Texas as recorded in Vol'UlTle 56, Page 536, and Volume 58, Page 29, of the Tarrant Deed Records, and said tract being further described as follows; Be9innin~ at a point in t~e Southerly line of said Company's land, said point also being in the West right-of- way of Rufe Snow Drive; Thence, North 3°l5' Ea~t, l20.45 feet to a point in the Northerly line of said Company's land, being the beginning of a curve to the right whose cneter bears South 29°57'44" East a radial distance of 2,9l4.79 feet; Thence, in a Northeasterly direction along said Northerly line on said curve, an arc length of l4l.24 feet through a central angle of 2°46'35"; Thence, South 3°15' West, ll6.70 feet to a point in said Southerly line being the beginning of a curve to the left whose center bears South 28°23'22" East a radial distance of 2,8l4.79 feet; Thence, in a Southwesterly direction along said Southerly line on last said curve, an arc length of 143.25 feet through a central angle of 2°54'57" to the POINT OF BEGINNING, containing an area of 0.3265 of an acre, more or less. -- 50' Refire 24"x 44' Install 81' Full Timber X- ¡no or 78' Rubber X-ing - Rwy. Shift Flasher Lights with Gates - Rwy. Install 2- Flasher Lights with Gates - Rwy. 85'" JJ ___ To Ft. Worth ~ "c" Branch : I To Mt. Pleasant ~\ -- -- Shift POWtf Lines by Owntor '. , j , / / / / - LEGEND - ST. LOUIS SOUTHWESTERN RAILWAY COMPANY Near SMITHFIELD, TEXAS TCC 624.47-X Proposed Widening and Improvements of RUFE SNOW DRIVE ~= Pro. Easement to the City of North Richland Hills - Orange = Construct City - Red = Construct R:wy. - Yellow = Retire Rwy. - - - Dash Yellow = Shift Prom - R:wy . --- Dash .Red.= Shift To - FMy. ---- =:= Rwy. R.O.W. Office of Area Engineer Dallas, Texas Scale: 1" = 50' Date: 4-27-82 MLS Dwg. 82-9566 Case 1 Drawer 1-8 '--- ^ K UJPY .-- ( . APPROVED AS TO FORM BY GENERAL COUNSEL MARCH 15, 1973 RELMIS: TOC-624.47-X(N) C.S.7362 STREET OR HIGHWAY EASEMENT wl1in ~tWruturr f made this day of . 19 . by and between ST. IDUIS SOt1l'HWESTERN RAIIWAY a:MPANY OF TEXAS, a Texas oorporation, and ST. IDUIS SOUI'H- WESTERN RAILWAY œMl?ANY, a z..1issouri oorporation, herein ~&en~~ý and CITY OF NORm RICHIAND mu.s, a nn.micipal oorporation of the State of Texas, P. o. Box 18609, N::>rth Richland Hills, Texas 76118, herein called "Grantee"; m ttUtlilirt4: 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- tai.ning 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 r-econstruction 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 thel'eof, 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 reo served, to resume exclusive posse~.sion 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 I'emove 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 e.xpense 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 l2 to 17, inclusive, on the attached insert, are hereby made parts of this indenture. IN WIT~ESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate as of the day and year first herein written. Assistant Secretary Attest: Assistant Secretary ST. I.OOIS SOUl'ffi'lESTERN RAIIWAY CXMI?ANY OF TEXAS, By ST. IDUIS SOtJI'HWES'rnRN RAIDYAY' CŒ'1I?ANY , By (Title) (Title) Attest: -.--...------ --.'_--."--~