R-896-1-89RESOLUTION NO. 896-1-89(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY AND THE SOUTHERN PACIFIC TRANSPORT-
ATION COMPANY CONCERNING CONSTRUCTION OF GRADE
CROSSING ON MCDERMOTT DRIVE.
WHEREAS, the City of Allen is committed to construction of Main
Street, Phases 2 & 3 from U.S. 75 to State Highway 5; and,
WHEREAS, the proposed roadway crosses right-of-way and railroad
tracks belonging to the Southern Pacific Transportation Company; and,
and,
WHEREAS, a railroad crossing will be needed to complete the roadway;
WHEREAS, before any work can begin on a railroad crossing, a contract
must be executed between the City and Southern Pacific Transportation
Company;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The City Council authorizes the Mayor to execute an
agreement between the City of Allen and the Southern Pacific Transportation
Company and to pay the City's share of the reconstruction of the grade
crossing estimated to be $294,507.00.
SECTION 2. The City Council directs that a copy of this resolution be
forwarded with the executed contract to the Southern Pacific Transportation
Company.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 5TH DAY OF JANUARY,
1989.
APPROVED:
4�L 157a_tww�
Farmer, MAYOR
ATTEST:,.
Marty Hendrix, CW, CITY SECRETARY
APPROVED AS TO FORM BY GENERAL COUNSEL
MARCH 15. 1973
STREET OR HIGHWAY EASEMENT
07l1iB Imbridurr, marl, this
day of
SOUTHERN PACIFIC TRANSPORTATION COMPANY,
a Delaware corporation,
CITY OF ALLEN,
a municipal corporation of the State of Texas, address:
City Hall, Allen, Texas,
?Xttlltrg0rt4:
C.S 7362
, 19 , by ;cud hetween
herein called "Railroad". and
herein called "Grantee
1. That Itailroad 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 lyse of the
space above said plane.
3. This grant is subject and subordinate to the prior right of Itailroad, 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 Itailroad, 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 pro1wrty. In the event Itailroad trackage facilities
are removed from said property, Itailroad 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.
d. The rights herein granted shall lapse and becoure void if the c•oust•uct ion or reconst•nctum of staid highway is not.
commenced within two (2) years from the dale first herein written.
Vii. 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 anv 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 Itaih•oad's premises.
7. Except as herein otherwise provided, Grantee shall hear the entire expense of constructing. reconstructing and main-
taining said highway. The crossing of said highway over any tracks of Itailroad shall be constructed and maintained at the
grade of said tracks now or hereafter existing. After the construction or reconstvction of said highway has been completed,
Railroad shall maintain the surface of that portion of said highway between Innes two (2) feet outside the rails of each track
located thereon. Should Itailroad abandon tracks leading to said highway. Railro;cd may abandon its rails, ties and appurte-
nant materials and leave same in place. In such event, Railroad shall not he liable for maintenance of the portion of said
highway specified above.
S. 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 Nvithin two (2) years from the date first herein written.
9. Should Grantee at any time abandon the use of said property or arty p;u•t 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 rtualifieation 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 , anie state and condition in which it existed
priol• to construction of said highway, and to bear the expense thereof. Should Grantee in such event fart. neglect or refuse
to so remove said highway and restore said properly. such removal and restoration may be performed by Railroad at the
expense of Grantee, which expense Grantee agrees to pray to Railroad upon demand.
10. This indenture shall inure to the benefit of and be binding upon the ,me 'cv�sors and assigns of the parties hereto.
11. Sections 12 to 16 inclusive on the attached insert are hereby made parts of this
indenture.
IN WITNESS WIIEREOI , the parties hereto have caused these presents to be executed in duplicate as of the clay and
year first, herein written.
SOUTHERN PACIFIC TRANSPORTATION COMPANY CITY OF ALLEN
By
(Title)
Attest
Secretary
By l
M 6r
Gy
Clerk
INSERT
MCDERMOTT ROAD
CROSSING THD -288.39
CITY OF ALLEN, TEXAS
12. Railroad shall furnish the necessary labor, materials,
tools and equipment and shall perform the following work:
(a) install two (2) flashing light grade crossing signals
augmented with automatic gate arms and additional light
units mounted on cantilever arms together with
necessary actuating and operating circuits and adequate
instrument housing hereinafter collectively referred to
as "signals" at said highway. Said signals shall be
located approximately as shown on Drawing 87-7012,
sheet 1 of 1, dated June 4, 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) prepare track including any necessary relay of rail and
ties; and
(c) install a rubber pad within the crossing portions of
said highway.
Grantee agrees to reimburse Railroad for one hundred percent
(100%) of the cost and expense incurred by Railroad in furnishing
materials and performing the work specified in this Section 12.
The estimated amount reimbursable to Railroad by Grantee
hereunder is Two Hundred Ninety-four Thousand Five Hundred Seven
Dollars ($294,507).
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 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 such bill 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. If
federal funds or any other governmental funds for maintenance
become 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.
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��Izgl88
EXHIBIT "A"
Being a tract of land situated in the City of Allen, Collin County,
State of Texas, in the James L. Read Survey, Abstract No. 758, being
more particularly described as follows:
COMMENCING at an iron pin in the easterly line of land of Southern
Pacific Transportation Company marking the northwest corner of Lot 4
in Block 2 in the original Town of Allen according to the map thereof,
recorded in Volume 6, Pages 152 and 153 of the Collin County Land
Records;
THENCE South 11035'17" West, along said easterly line and also the
westerly line of Lots 4, 3, and 2, a distance of 70.00 feet to the
TRUE POINT OF BEGINNING of the parcel of land to be described;
THENCE North 78024'43" West across the land of Southern Pacific
Transportation Company, 300.00 feet to the westerly line of said
Company's land, said point being in the easterly line of Lot 2, Block
9 in the original Town of Allen according to the map thereof recorded
in Volume 6, Pages 152 and 153 of the Collin County Land Records;
THENCE South 11°35'17" West along last said westerly line, a distance
of 30.00 feet to an iron pipe for corner in the angle point of last
said westerly line;
THENCE North 78°24143" West continuing along last said westerly line,
a distance of 25.00 feet to a point for corner in another angle point
therein;
THENCE South 11°35117" West continuing along last said westerly line,
a distance of 80.00 feet to the northeast corner of Lot 5, Block 10 in
said original Town of Allen plat;
THENCE leaving last said westerly line South 78°24'43" East across the
said Company's land, a distance of 325.00 feet to said easterly line
of said Company's land, said point being the northwest corner of Lot
6, Block 10 in said original Town of Allen plat;
THENCE North 11035'17" East along said easterly line of said Company's
land, a distance of 110.00 feet to the TRUE POINT OF BEGINNING,
containing an area of 0.803 of an acre, more or less.
-Page 1 of 1-
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LEGEND
Ip I I I I (Red) Proposed to install
---1____1___�1__�L Proposed Easement
WEST SIDE EAST SIDE —" Railroad property lines
1+20 1+00 0+90 0+60 0+40 0+20 4. 0+20 0+40 0+60 01 Aa I+00 1*20
es0 - 6fi° SoutFtern Pacific
9 ; loo' v.c.
0.2 % Ta—p—II.Hon, Ca .Peng
8 ' ----Engineering Diporfinent
7 1.8%1 S Dallas, Texas
_ - T
I
6 ALLEN, TEXAS
655
4 _ ; - __--c• -- 4 Proposed extension of MCDERMOTT ROAD
3 _ r --'- "—' - across Tracks and right of way
a 2 Scale 0 Vert I"c 6i _ n -- — — 2 SCALE 1" _ 100'
vet SEC HSTC 3 1•1EEr 13 DRAWN By rHECKED BY
,- — + L=L-
- ----- A PDU�r NO THD Mo2ee.39 DPA«INa ND e7-7Q12
8S0 -� 650 _
1+20 1+00 0+80 0160 0+40 0+20 L 0+20 0+40 0+60 0+80 1+00 1120 ;TATE 6-04-87 9-EETNO l atl
WEST SIDE EAST SIDE •E� �r.0 D' _ FIIF DBnwF11 J