HomeMy WebLinkAbout1993-117E WPDOORDAIL 0
ORDINANCE NO .2%33 �j
CITY D D NTON, TEXAS, AUTHORIZING THE CITY
AN RDr�AN T MANAGER ITO
ACT ON THE CITY' S BEHALF IN EXECUTING THE ATTACHED LANE
1 I S S UR AC I' I C RAILROAD COMPANY Y FOR THE PUR-
CHASE SALE AGREEMENT WITH
OF A RAIL CORRIDOR, MORE PARTICULARLY DESCRIBED IN EXHIBIT A
SALE OONTRAOT , AUTHORIZING THE CITY SAGER TO
TO THE ATTACHED LINE ACCEPT AT CLOSING THE BILL OF SALE AND QUITCLAIM DEED ATTACHED AS
TACKED LINE SALE AGREEMENT, AUTHORIZING THE
EXHIBIT � �' THE T EXPENDITURE OF FUNDS FOR THE PURCHASE OF THE RAIL CORRIDOR jr AND
DECLARING AN EFFECTIVE DATE
NERAS , the city of Denton has been presented with the oppor-
tunity
o acquire almost eight miles of ray. aban-
doned y Moor corridor to a
Pacific Railroad Company, for the purpose o
maintaining trail for n n� noto i ed traffic, and
o this rail corridor will provide citi-
zens E�E�AS, acquisitionofreorea-�
yen
S a tourists o the City o Denton with an uncommon
tionl. facility, litbeingonly the third such rail-� o-oll conversion
in the State of Texas $ NOW THEREFORE,
THE
COUNCIL Or THE CITY OF DENTON HEREBY ORDAINS
SEQ11 That the City Manager is hereby authorized to act
on the City's behalf in executing the attached Line sale Contract
with M�ssouri Pacific Railroad Company for the purchase of a rail
corrid§r, more particularly described in Exhibit A to the attached
Line sale Contract
g I That the City Manager is hereby authorized to
01 -110 -. "
accept at closing the bill of Bale and quitclaim deed attached as
Exhibit B to the attached Line Sale Contract
� YI:C. That the expenditure of funds as provided in the
Contract �ishereby authorized
SE I,� That this ordinance shall become effective immedi-
ately upon its passage and approval
PASSED AND APPROVED this th day of 1993
BOb CASTLEBERRY, MAYOR
ATTEST
JENNIFER WALTE S, CITY SECRETARY
Y
APP VEID AITO LEGAL FORM
DEBRA A D AYOVITCI , CITY ATTORNEY
Y
PAGE 2
LINE SALE CONTRACT
THIS AGREEMENT, dated this Q2 day of a4 1993,
between MISSOURI PACIFIC RAILROAD COMPANY, a Delaware corporation
VIMP$') and THE CITY of D NT N, TEXAS, a Texas Municipality "City
of Denton")
ITNESS T
A Sub eot to ICC issuance of a Certificate of
to ee11 iDenton
Trail Use(11CITU11) , MP desires
between Milepost 2 I at Denton , Texas, and
Branch Milepost 729 5 at Coors, Texas, hereinafter the "Line"
to
the City �
of a �tor and the city of Denton desires to
purchase the Line as more particularly described in
Exhibit
The above -described sale specifically excludes
all of the rail ties, snitches, other track material and
relatedp
appurtenances ices located along the Line with the
exception of ballast and bridges located along the Lire
which MP intends to include as part of the sale The
lay g
d underlying the Lane("Realty") is to be included as
P part
of the sale pursuant to Section d of the National.
iralls System Act (16 U S C §1247(d))
NOWF THEREFORE, for and in consideration of the mutual
promises and other consideration he -rein set forth, the parties
agree as f o 1 1ows
SECTION 1 o
P agrees
to the issuance of a CITU The City of Denton shall
a
ke the necessaryrequest to the Interstate Commerce Commission
for issuance of a CITU
SECTION 2 COMPITIQNS EBECEQENT, C SING AND TRMSEER
The
transaction described herein shall a consummated on
date
mutuallyagreeable o the parties (the ,closing") . but in n
than six(60)days following the issuance of the
event more t � above."referenced CITU by the Interstate Commerce Commission, at a
location mutually acceptable to the parties
I IP shall 1 deliver a ill f l n the form
At C�.e.x�g, �� ��, a Cat of
attached hereto and marked Exhibit selling t the �
attar co
�� 1�Icondition, without any
Denton the Line in a I I S p A
of are kind whatsoever as quality, merchantabil itY i o
warranty �
salability MP shall, howeverp cooperate with the City of Denton
PAGE 1
in the defense or prosecution of litigation relating to the title
to such personal property remaining an the Line or any portion
thereof
SECTION 3 TEEN
The term of this Agreement shall be thirty years
beginning at Closing, PROVIDED, HOWEVER, that may, at its
option, terminate this Agreement in accordance with the provisions
of Section
SECTION 4 CONVEYAAiCE
The Line and Realty shall be conveyed and quitclaimed to the
City of Denton by MP without warranty of title or quiet enoyent
and subject to all outstanding and superior rights reserving to MP
(1) all coal, oil gas, casing head gas, and minerals of every
nature and character whatsoever, like or unlike, known or unknown,
underlying the Line and Realtyp and all property owned by it
and managed by Missouri Improvement Company, Union Pacific Realty,
or Upland Industries Corporation, PROVIDED that if the mining
exploration or related activities or operations by MP or its
successors or assigns results in cost or expense to the City o
Denton, such cost and expense shall be laid to the city of Denton
within fifteen 1 days of the receipt of the mineral interest
owner s of a notice of the cost or expenses, and PROVIDED FURTHER
that in the event that such mining operations unreasonably
interfere with the City of Denton's use of the Line, MP or its
successors and assigns shall hear all reasonable costs that may be
incurred by the City of Denton in order to facilitate MPIs
activities
SECTION 1 Ei T `D E LINE ]5Y THE CITYF DENTON
At Closing, the City of Denton shall deliver to MP a certified
or cashier's check payable to Missouri Pacific Railroad Company in
the amount of FIVE THOUSAND and NO/100 DOLLARS ($5,000 00) In
addition, the City of Denton will pay MP an annual use fee of ONE
THOUSAND AND N0/100 DOLLARS (1,000 00), payable in arrears on each
anniversary date of this Agreement for the first five (5) years
following the effective date of this Agreement
SECTION 6 90MELIMCDTIT S . ,* S._, 1247(dl-.
This Agreement and any subsequent conveyance are to be made
pursuant to Section 8(d) of the National Trails System Act, 16
U S C § 1247 (d) In the avant reactivation of rail service upon
the Line is necessary, the City of Denton agrees to transfer the
Line to MP or other acquiring entity for a sum not to exceed the
total of the purchase price of the Line as paid by the City of
Denton, plug the total accumulated usage tees paid by the City of
Denton to MP up to the data the Line is repurchased by MP MP may
PAGE
exercise its option to repurchase the Line from the City of Denton
at any time upon giving ninety days prior written notification
of its intent to repurchase the Line to the City of Denton
As a condition of this sale by MPf the City of Denton agrees
that, except for the construction, maintenance and repairs of the
trail to be constructed, all authorized public use of the trail
shall be solely by nog -motored means
In the event MP elects to exercise its option to repurchase
the Line pursuant to the provisions of Section 6 above, MP, for
period not to exceed ten 10 years from Closing, agrees to reim-
burse the City of Denton for reasonable trail development expenses
incurred by the City of Denton, up to a maximum of ONE HUNDRED
TWENTY-FIVE THOUSAND and No 100 DOLLARS ($125,000 00)
SECTION 8
As soon after the final approval of abandonment as practical,
MP will, at its sole expense, remove the rail, cross ties, and
other personal property on the Line All bridges and all ballast
currently on the Line will remain in place During ing the track
removal process, MP will assume full responsibility for the proper
disposal of track, ties and other track material removed from the
Line and will dispose of any material removed from the Line in
accordance with existing environmental regulations
SECTION 9 TRAIL C0N6T R CTION AND OPERATION
The City of Denton will be solely responsible for the costs
incurred to convert the Line to a public trail, and will complete
the conversion in a timely manner following Closing The City of
Denton will also be responsible for all costs associated with
operating and maintaining the trail including, but not limited to,
security and weed control, except for track removal as specified in
Section 8 and restoring the trail as provided in Section 10
SECTION 10 COAL SLURRY PIPELIN S AND FIBER OPTICS
Present and future operating agreements covering the operation
f coal slurry pipelines or fiber optics located along the Line are
specifically excluded from this Agreement MP reserves the right
to locate any fiber optic facilities on the Line Revenues from
any such use of the Line shall accrue solely to MP In the event
MP exercises its right to Locate fiber optic facilities on the
Line, Mp must provide the City of Denton thirty 0 days written
notice prior to undertaking ing any such location, and, PROVIDED FUR-
THER, that in the event that such fiber optic facilities unreason-
ably interfere with the City of Denton's ability to operate the
Line as a public trail, MP or its successors or assigns shall bear
PAGE
all reasonable costs associated with restoring the Lime to use as
public; trail Nothing ,ng specifically contained in this Agreement
shall authorize 14P or any third party to extend these fiber optic
facilities or coal slurry pipelines from their present locations
into any other area within the city limits of the City of Denton,
nor shall this Agreement authorize MP or any third party to sell,
or offer for sale, within the city limits of the City of Denton any
cods or services transported over such fiber optics facilities or
coal slurry pipelines This provision shall not prohibit MP or any
third party from obtaining the authority necessary to extend these
fiber optic facilities or coal slurry pipelines or to sell goods or
services transported over such fiber optic facilities or coal
slurry pipelines within the city limits of the City of Denton
SECTION 11 ASSIGHNXNT QF OPEBAT.IGAgEMENTS
Within sixty days of Closing, MP will deliver to the City
of Denton a list of operating agreements along the right -of way of
the Line and will execute a General Assignment assigning P ' s
rights and obligations under these operating agreements to the City
f Denton All income collected from these agreenents after
closing will accrue to the City of Denton All income collected
from additional operating agreements taking effect after Closing
will accrue to the City of Denton
SECTION 12 IHQEMNITX FOE ENVIRMEML-EMBLEMS
To the extent allowed by law, the City of Denton agrees to
indemnify MP, its officers, its affiliates and their officers, and
M ' s agents and employees, against and from any and all l is i l i y p
loss, damage, cl.ms, demands, costs and expenses, of whatsoever
mature, including court costs and attorney's fees, for which the
City of Denton may be held liable or responsible under State and
Federal environmental laws, and which are associated in whole or in
part with the line and realty conveyed by MP to the City of Denton,
except for damages resulting from releases made by MPI its succes-
sors or assigns, or entities with whom MP had a contractual rela-
tionship
To the extent allowed by law, MP agrees to indemnify and hold
harmless the City of Denton, its officers, its affiliates and their
officers, and the City of Der t rn' s agents and employees, against
and from any and all liability, loss, damage, claims, demands,
costs and expenses, of whatsoever mature, including court costs and
attor ney's fees, for which MP, or any third party which has or had
a contractual relationship with MP, may be held liable or responsi-
ble under State and Federal environmental laws, and which are
associated in whole or in part with the line and realty conveyed by
1P to the City of Denton
PAGE
SECTION l ND MN I I C T ION OTHgB THAN FOR Ny ONME T L
To the extent allowed by law, the City of Denton agrees to
indemnify and hold harmless MP, its officers, its affiliates and
their officers, and +lP' s agents and employees, against and from any
and all liability, loss, damage, claims, demands, costs and expen-
ses, of whatsoever nature, including court costs and attorney's
fees, for which the City of Denton may be held legally liable, and
which are associated in whole or in part with the line and realty
conveyed by MP to the City of Denton
To the extent allowed by law, MP agrees to indemnify and hold
harmless the City of Denton, its officers, its affiliates and their
officers, and the City of Denton's agents and employees, against
and from any and all liability, loss, damage, claims r demands,,
costs and expenses, of whatsoever nature, including court costs and
attorney's fees, for which MP may be held legally liable, and which
are associated in whole or in part with the line and realty con-
veyed by MP to the City of Denton
SECTION 14 TAX
A The City of Denton shall be responsible for all taxes and
assessments, general and special or otherwise, which may be levied,
assessed, or imposed upon the Line by any taxing 3urisdiction
B ub]ect to the reclassification of the Line to recreational
trail use, real property d y _ orataxes, and special assessments,
if any, shall be prorated between MP and the City of Denton as of
Closing The City of Denton shall be responsible for paling any
and all such tees, fees or assessments accruing after Closing and
MP shall pay or reimburse the City of Denton for the portion here-
of, if any, accrued during or based on the time prior to Closing,
PROVIDEDF HOWEVER, for the year 1993, the City of Denton shall only
be responsible for the portion of gd valgizem taxes on the Line
determined by the taxing authority to be due on the Line as a
result of the City of Denton' s use of the Line as a public trail
SECTION l
A Amejad=t No modification, addition t or amendments to
this Agreement or of the Appendices shall be effective unless and
until such modification, addition or amendment is in writing and
signed by the parties
B Assig=Mnt This Agreement shall be binding upon and inure
to the benefit of the successors and assigns of each party Any
assignments of this Agreement in whole or in part shall only be
effective with the written consent of MP MP may exercise its
option to assign this Agreement in whole or in part upon giving
P
ninety (90) days prior written notification of its intent to assign
this Agreement to the City of Denton
I This Agreement shall be governed
by and construed in accordance with the laws of the State of Texas,
and, where applicable, the laws of the United States of America
Venue for its enforcement shall lie in Denton County, Texas, unless
mandatory elsewhere, or in the United States District Court sitting
in the district and division serving Denton County, Texas
D CountgrRarts This Agreement may be executed in any number
of counterparts, each of which shall be deemed to be an original
and all of which together shall be deemed to be one and the same
instrument
E g=XiyAj_..%L Rg2rgaMntAtionsr t o All represen-
tations and warranties made in this Agreement shall survive
closing
F NgtiCGff Any and all notices or other communications
required or permitted by this Agreement or by law shall be deemed
duly served upon the City of Denton when personally delivered to
the City Manager of the City of Denton, Texas, or in lieu of such
personal service, when the notices are deposited in the United
States mail, Certified Return Receipt Requested, addressed to the
city Manager of the City of Denton, Texas Any notice to MP shall
be served in the same manner and forwarded to the attention of its
Nice PresidentewLaw, 1416 Dodge Street, Omaha, Nebraska 68179
G SSyerability If any tern or provision of this Agreement
is invalid, illegal, or unenforceable under present or future Laws,
them in that event it is the intention of the parties hereto that
the remainder of the Agreement shall not be affected thereby and
shall be valid and shall be enforced to the fullest extent
permitted by law
R EnfQrggment,To the e
Denton hereby expressly grants
Denton for the limited purpose
Sale contract, in the event it
tent permitted by law, the City of
permission to MP to sue the City of
of enforcing the terms of this Line
becomes necessary to do so
R WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed in counterpart originals on the date first
herein written
ATTEST M I S OUR I PACIFIC RAILROAD
COMPANY 'IMP"
BY -
Title �A"�GG--
PAGE
ATTEST
ENNI`ER WALTERS, CITY SECRETARY
Ar
THE CITY OF DENTON, TEXAS
("CITY OF DENTON"
By
Ti li
APPROVED AS TO LEGAL FOR!
DEBRA A DRAVITC, CITY ATTORNEY
ATTORNEY FOR THE CITY OF DENTON , TEXAS
APPROVED
JOSEPH D �
ATTORNEY
RAILROAD
BY
AS To LEGAL
AWE
FOR MISSOURI
COMPANY
PACIFIC
PAG E
MISSOURI PACIFIC RAILROAD COMPANY
Denton County, Texas
EXHIBIT ' "
To
Quitclaim Deed
Missouri Pacific Railroad Company (Grantor)
City of Denton, Texas (Grantee)
All right, title and interest in and to the right of way, ballast and
bridges of the abandoned portion of the Denton Branch of the Missouri Pacific
Railroad Company in Denton County, Texas, as said line extends in a southeasterly
direction from its point of beginning, said point being opposite railroad
engineeripg station 11040 90 of said railroad's Whitesboro Subdivision and being
in line parallel with and easterly 50 00 feet, as measured at right angles and
radially, from the centerline of the main track of said subdivision, as presently
constructed and operated, to a point 718 70 feet southerly of the north line of
H H Swisher Survey, as measured along the centerline of said abandoned lime,
said point being at engineering station 1509+56 3# in, over and across the
following legal subdivisions:
Railroad Addition to the City of Denton H Sisco - H
aep r Addition to the City of Denton R S sco H R
Moores Addition to the City of Denton {R Siso H
AliaiRobertson Addition to the City o f Denton (A H111
S C Hiram - H R Abet 616
Teague --H R Abst 126*
Mary L Austin - H R Abst 4*
Section 52 -H E P & P R R Co (Robert H Hopkins
J S Taft H R Abst 1256*
Joseph White - H R Abst 1 33*
Section 46 H N P & P R R Co David Dough Abet
D Lambert - H R Abst 74*
Section 47 M E P & P R R Co - H R Abet 950*
[ idebn Walker - H R Abst 1330*
R Abet 11 *)
Abet 11 4 )
Abet 11
H R Abst 62*
Abet 1694*)
646*)
HI Morgan - H R (Section 39 # M E P & P R R CoAbst 11
L H Bates H R Abst 204*
P Walton - H R Abst 139*
H Garrison H R Abet 507*
T W Jenkins - H R Abst 687 *
Thos White Sr -- H R Abet 137*
Thos White Survey Abst 1375*
H Swisher Survey Abst 1220*
*Names es and/or Abstract Nos from State of Texas General Lard office :nap
coy piled ,1945
Excepting therefrom all those parcels of land situate in H Sisco - H R
lying out side lines parallel with and 50 00 feet distant on each side of the
centerline of said abandoned track
Also, excepting therefrom those certain parcels of land as heretofore
acquired by Dallas & Wichita Railroad Company (predecessor to Missouri Pacific
Railroad Company) from W v Po krus and wife and E A Garrison and wife b
warranty deeds dated August 23, 1890, recorded August 26, 1890 in Book 44 at
Pages 327 and 330, respectively, in the records of Denton Countyr Texas
EXHIBIT A � PAGE I
0
MISSOURI PACIFIC RAILROAD coMPANY, a Delaware corporation
("Seller") for in consideration of one Dollar $1 o and other
v
luable consideration does hereby sell, transfer and deliver unto
THE CITY of DENTONr TEXAS, a Texas Municipality ("Buyer"), its suc-
cessors and assigns, the following described property, to wit
All ballast and bridges located alone Seller's Denton
Branch between milepost 721 53 at Denton, Texas, and
Milepost 729 5 at Coors, Texas
This Bill of Sale js SUBJECT to
I All of the terms and conditions contained in that certain
Line sale Contract between Seller and Buyer dated
1993
2 The terms and conditions contained in the order from the
Interstate Commerce commission in Docket No AB-m3 Suva-wNo
99E that was decided April 1 , 1992, and served April. 27,
1992 that authorized the Seller to discontinue operation
ovex the line of railroad described above As part of the
aforesaid authorization served by the Commission, the Co -w
mission imposed a rail -lank interim trail use condition
pursuant to Section d of the National Trails System Act,
16 U S C S 127 d
SELLERr BY THIS INSTRUMENT, MACES No WARRANTY of ANY KIND WHAT
SOEVER AS To QUALITyr MERCHANTABILITY, D1 SALABILITY, T BEING
UNDERSTOOD THAT THE BUYER IS ACQUIRING THE ABOVE PROPERTY I1
"WHERE S AND AS IS" CONDITION
IN WITNESS WHEREOF, the Seller has duly executed this Bill of
Sale as of the Ze day of ��gii. C T' 1993
Witness
SSOURI PACIFIC RAILROAD COMPANY,
EXHIBIT B - PAGE 1
STATE OF TEXAS
} SS
COUNTY OF DENTON )
QUITCLAIM DEED
MISSOURI PACIFIC RAILROAD COMPANY, a Delaware corporation,
Grantor, in consideration of the sum of one Dollar $1 00 and
other valuable consideration, to it duly paid, the receipt whereof
is hereby acknowledged, does hereby REMISE, RELEASE and forever
QUITCLAIMunto THE CITY of DENTON, TEXAS, a Texas Municipality,
Grantee, and unto its successors and assigns forever, all of Gran-
tor's right, title, interest, estate, claim and demand, both at law
and in equity, of, in and to the meal estate underlying the Gran-
tor's Denton Branch between Milepost 721 53 at Denton, Texas, and
Milepost 729 5 at Coors, Texas, as such property (the "Realty") is
located in Denton County, Texas, and as more particularly described
in Exhibit A, hereto attached and hereby made a part hereof
RESERVING, unto the Grantor, its successors and assigns, are
EASEMENT on, along, across and under the Realty for the construc-
tion, maintenance and operation of existing or future coal slurry
pipelines or fiber optic facilities, together with the right of
ingress and egress thereto, for the maintenance, operation, repair,
renewal., reconstruction, and, if necessary, removal of such
facilities located on the Realty
RESERVING ALSO unto Grantor, its successors and assigns, for-
ever, all minerals and all mineral rights of every kind and charac-
ter now known to exist or hereafter discovered underlying the
Realty, including without limiting the generality of the foregoing
oil and gas rights thereto, together with the sole, exclusive and
perpetual right to explore for, remove and dispose of said minerals
by any means or methods suitable to the Grantor, its successors and
assigns, but without entering upon or using the surface of the
Realty, and in such manner as not to damage the surface of the
Realty, or to interfere with the use thereof by the Grantee, its
successors and assigns, PROVIDED, however, that if mining explora-
tion or related activities or operations by the Grantor, or its
successors or assigns, result in cost or expenses to the Grantee in
connection with Grantee's ownership of the Realty, such cost and
expense shall be paid to Grantee within fifteen clays of the receipt
of the mineral interest owner s) of a notice of the cost or ex-
pense, and PROVIDED, further, that in the event that such mining
operations unreasonably interfere with Grantee's use of the Realty,
the Grantor, or its successors and assigns, shall bear all reason-
bl.e costs that may be incurred by Grantee in order to facilitate
Grantor's activities
EXHIBIT B — PAGE 2
This Deed is made SUBJECT TO
All of the terms and conditions contained in that certain
Line Sa a contract between Grantor and Grantee dated
1993
The condition that all taxes and all assessments levied
upon or assessed against the Realty for any period or time
prior to and including the date of this deed shall be paid
by the Grantor, that all tares and all assessments levied
upon or assessed against the Realty for any period or time
after the date of this deed shall be payable by the
Grantee, and that the Grantee assumes and agrees to pay, or
to reimburse the Grantor for, if paid by it, all such taxes
and assessments for the period of time after the date of
this deed
3 The terms and conditions contained in the Order from the
Interstate Commerce Commission in Docket No AB- Sub.�No
9 9 X , that was decided April. 15, 1992, and served April 27,
1992, that authorized the Grantor to discontinue operation
over the line of railroad described above As part of the
aforesaid authorization served by the Comm i s s i on , theCom-
mission imposed a rail -*bank interim trail use condition
pursuant to Section d of the National Trails system Act,
16 U S C S 12 7 d
All other conditions f restrictions, covenants, reserva-
tions, easements, superior rights and encumbrances af-
fecting the Realty, whether recorded or unrecorded
o the extent allowed by law, GRANTOR agrees to indemnify
and hold harmless GRANTEE, its officers. its aff 1lates and
their officers, and RAN EE # s agents and employees, against
and from any and all liability, loss, damage, claims,
demands, costs and expenses, of whatsoever nature, includ-
ing court costs and attorney ' s fees, for which GRANTOR, or
any third party which has or had a contractual relationship
with GRANTOR, may be held liable or responsible under State
and Federal environmental laws, and which are associated in
whole or 3.n pant with the line and realty conveyed by
GRANTOR to GRANTEE The above indemnification is enforce-
able between GRANTOR and GRANTEE only, and shall not inure
to the benefit of any third panty, including without
limitation, subsequent purchasers, assignees, or lessees,
and shall not run with the land
EXHIBIT B — PAGE
THIS QUITCLAIM IS MADE ON AN 'SAS I , WHERE IS" BASIS WITHOUT
ANY WARRANTIEs OR REPRESENTATIONS F ANY KIND OR NATURE WHATSOEVERF
EXPRESS OR IMPLIED, CONCERNING THE CONDITION OF THE REALTY, EXCEPT
AS OTHERWISE STATED N THE LIKE SALE CONTRACT BETWEEN GRANTOR AND
GRANTEE, DATED , 1993, AND GRANTEE HEREBY SPECFI-
ALLY WAIVES IMF ED TES PRO DED FOR HY TEXAS LAW '
ANY), I N LUD I NG ANY AND ALL WARRANTIES REGARDING FITNESS FOR ANY
PARTICULAR USE OR PURPOSE WHATSOEVER
IN WITNESS WHEREOF, the Grantor has caused this Deed to be duly
executed o the day o � �- , 199
Attest
Ass�stan secr Lary
MISSOURI PACIFIC RAILROAD C MPANy ,
8y X?ze . - -110
Execut ve ss st to
Executive Vice esident-
Operaticn
EXHIBIT B - PAGE
,&CKN9MjEj2raEMZKT
STATE OTNEBRASKA
ss
COUNTY OF DOJA
The foregoing instrument was acknowledged on this � day of
, before me, a Notary public duly commissioned
qualified and acting, within and for the said County and State, by
hoult and �3 a4 to me pexsonally
known, who stated that they were the Executive Assistant to
Executive vice PresidentmOperation. and Assistant Secretary,
respectively, of Missouri Pacific Railroad Company, a Delaware
corporation, and were duly authorized in their respective capaci-
ties to execute the foregoing instrument for and in the name and
behalf of said corporation, and further stated and acknowledged
that they had so signed,, executed and delivered said foregoing
instrument for the consideration, uses and purposes therein
mentioned and set forth
1*1 TARSI State of Was
rCommEp April 1 kk- ry CN_
Notar• l i
y commision expires
EXHIBIT B - PAGE
REI-e-le.-M -ro
oF DEwTUAJ
'�1�1C7�n��eRin16 DEPT
W1 Lk4AsoN
MGk�,�►.��Y S-r
��Tonc , Tx -7L zn f
Of T� ANY 1 � r'19�D �� P"RoP . FLOR OR
v %NFORMLE I p FD�TH T ��
UNTY ENT
a: D du Ct� in
tha ft
t �� me ��
wecot 3s f � ' cart r+ r ,+
AUG 2 4 1993
w %'t
A
COUNTY CLERKDENTON COUNTY TEXAS
Filed for eco rd x
DENTON COUNTY, TIC
HONORABLE T
/COUNTY CLERK
On 1993/08/24
At 9 z
Numbers —R@858485
Type w. OUT 17w88
I ISS URI PACIFIC RAILROAD COMPANY
Denton County, Texan
EXHIBIT A
To
Quitclaim Deed
Missouri Pacific Railroad Company (Grantor)
City of Denton, Texas (Grantee)
All right,, title and interest in and to the right of way, ballast and
bridges of the abandoned portion of the Denton Branch of the Missouri Pacific
Railroad Company in Denton Countyl Texas, as said line extends in a southeasterly
direction from its point of beginning, said point being opposite railroad
engineering station 1104 +90 of said railroad s Whitesboro Subdivision and being
in line parallel with and easterly 50 00 feet, as measured at right angles and
radially, from the centerline of the main track of said subdivision, as presently
constructed and operated, to a point 71.8 70 feet southerly of the north line of
H H Swisher Surrey, as measured along the centerline of said abandoned lime,
said point being at engineering station 15 9+56 3,, in, over and across the
following legal subdivisions
Railroad Addition to the City of Denton B SiSCO - H
Jasper Addition to the City of Denton B Sisco - H R
Moores Addition to the City of Denton {H Sisco - H R
Alex Robertson Addition to the City of Denton {A Hill
C Hiram -H R Abst 616*
Teague H R Abut 1266
Mary L Austin - H R Abs 4*
Section 52- H E P & P R R Co(Robert H Hopkins
J S Taft - H R Abst 156*
Joseph White - H R Abet 143*
Section 46 - M E P & P R R Co (David Hough Abst
D Lambert - H R Abst 784*
Section 47 - m E P && P R R Co - H R Abst 95 *
Gideon Walker - H R Abst lo*
H Morgan H R (Section 39 -M E P & P R R Co
L H Bates - H R Abst 04'
J P Walton - H R Abst 1389*
H Garrison H R Abst 507*
T W Jenkins - H R Abst 6 7*
Thos White Sr- H R Abet 1376*
Thos White Survey Abet 175*
H H Swisher Survey Abst 122*
Abst 1164*
Abet 1184*
Abet 1184*
H R Abst 623*
Abst 1694*
646
Abet 11 )
*Dames ardor Abstract Nos from State of 'texas General Land Office map
compiled 1945
Excepting therefrom all those parcels of land situate in H Sisco - H R
lying outside lines parallel with and 50 00 feet distant on each side of the
centerline of said abandoned track
Also,, excepting therefrom those certain parcels of land as heretofore
acquired by Dallas & Wichita Railroad Company (predecessor to Missouri Pacific
Railroad Company) from W v Pockrus and wife and E A Garrison and wife by
warranty deeds dated August 23, 189, recorded August 26, 1890 in Book 44 at
Pages 327 and 330, respectively, in the records of Denton County, Texas
EXHIBIT B — PAGE 6
ciry of DENTOIV, TEXAS MUNICIPAL BUILDING / DENTON TEXAS 76201 / TELEPHONE (817) 566 8200
Office of City Attorney
September 21, 1993
r Wes Parker
Union Pacific Railroad company
Marketing Division
1416 Dodge Street
Omaha, NE 68179
]ear Wes
Enclosed is one of the original assignment documents you seat to
, signed by the Mayor It has been a real pleasure working with
you, and I hopewe'll have an opportunity to work together again
Thank you for your courtesy and assistance
y copy of this letter, I am forwarding the other original to City
Secretary Jennifer Walters for archival with the original agree-
ments
Sincerely,
Jerry E DXtZke, J
X..,sistant City Attorney
enclosure
PC Lloyd V Harrell, City Manager
Riq� Ulugap, Director of Parks and Recreation
Jennifer Walters, City Secretary (with second original
assignment)
assign l t r
Ddiea ed to Quality Benue
ASSIGNMENT
+iISSOURI PACIFIC RAILROAD COMPANY, a Delaware corporation
(hereinafter the "Assignor" does, for valuable consideration and
effective as of the date hereof, assign, transfer and set over unto
THE CITY of DENTON, TEXAS, a Texas Municipality hereinafter the
"Assignee" all of the Assignor's right, title and interest in, to
and under each and all of the agreements described in Exhibit A,
hereto attached
The Assignor and Assignee understand and agree that this
Assignment is conditional, and does not become fully and finally
effective until 12 days from the date hereof, and that the
Assignor reserves the right to revoke this Assignment as to any
contract or agreement described in Exhibit A by giving written
notice to the Assignee within such 120 days that a particular
agreement(s) should not be included in this Assignment The
Assignor may, in such manner, revoke this Assignment as to any such
agreement or contract, ah in,tio, in whole or in part if it shall
determine that any such agreement does not affect or only partially
affects the property described below that has been conveyed by the
Assignor to the Assignee The Assignor represents that, to the
best of its knowledge, the agreements described on Exhibit A are
all that pertain to or affect the property located on Assignor's
Denton Branch between Milepost 721 53 at Benton, Texas, and
Milepost 79 5 at Coors, Texas In the event, however, other
contracts or agreements affecting the above described property are
subsequently discovered by the Assignor, it will promptly execute
an assignment of same to the Assignee using this form of
Assignment
In addition, it is understood and agreed that one or more
of the agreements or contracts listed in Exhibit A may affect,
pertain to or corer the aforesaid property, as well as property
and/or right--of--gray not conveyed to Assignee, and this ASBignment
shall only be effective to partially aBSign Assignor's interest
therein to the extent that such agreement or contract pertains to
the property described above Any future payments due from third
parties thereunder shall be collected by Assignor and the Assignor
shall pay to the Assignee its pro rate portion thereof
The Assignor and Assignee confirm and acknowledge that
this Assignment is also subject to the terms;a Id conditions of the
Line Sale Contract between the panties dated , 19 9 31
including, without limitation, the terms therein s tti g forth that
the conveyance made to the Assignee is made pursuant to Section
8(d)of the National Trails System Act, 16 U S C 1 7 d
Subject to the above, Assignee hereby accepts the
assignment of the agreements described in Exhibit A, assumes all of
the duties, obligations and liabilities of Assignor thereunder, and
agrees to, release the Assignor, its successors and assigns, from
any and all obligations arising out of, or pursuant to, the
agreements herein assigned from and after the date of this
As s i grment
This Assignment shall be binding upon and shall inure to
the benefit of the parties hereto,, their successors and assigns
No prop is .on hereof shall be construed as intended for the benefit
of any third party
Dated this �_ day of , 1993
Attest
Uais ant ecretary
(SEAL)
Attest
MISSOURI PACIFIC RAILROAD COMPANY,
By
Title
THE CITY of DENTON, TEXAS,
10007
. _)ZZ.Ar
By
.r
city -c-i-erk
(SEAL)
2
ACKNOWLEDGEMENT
STATE OF NEBRABKA )
} SS
COUNTY OF DOUGLAS )
The foregoing instrument was acknowledged on this (2
day of , 1 �� , before me, a Notary Public duly
commissioned, qualified and acting, within and for the said County
bLAV-10�' o .
and State, � � and
stated that the were the LlKi.dof-
E
rye personally known, who stet �
ct� L. and Assistant Secretary, respectively, of
Missouri Pacific Railroad company, a Delaware corporation, and were
duly authorized in their respective capacities to execute the
foregoing instrument for and in the name and behalf of said
corporation, and further stated and acknowledged that they had so
signed, executed and delivered said foregoing instrument for the
consideration, uses and purposes therein mentioned and set forth
'�EAAI WRY We of llWasM
SHERYLSCNENDT
My Lbmm Fxp April 9 1986
My commission expires
� Z2 Z2(p
Vj �'? C k-L
� Notary Public
3
ASSIGNMENT
STATE OF TEXAS
} ss
COUNTY OF DENTON }
The foregoing instrument was acknowledged on this /D�h
day o 0, 1 , before me, a Notary Public duly
commissioned, qualified and acting, within and for the said County
and date, by JEC)IB 0,A:Fnr48FPjaJ and &-A /A
to me personally known, who stated that they were the
M-ayloa., and DFpj-r&/,l City Clerk, respectively,
of The City of Denton, Texas, a Texas Muni ipality# and were duly
authorized in their respective capacities to execute the foregoing
instrument for and in the name and behalf of said city, and further
stated and acknowledged that they had so signed, executed and
delivered said foregoing instrument for the consideration, uses and
purposes therein mentioned and set forth
E44EI.IXABM J WlU,fAMB
MY I�AM411S8lON "PINS
Mty 1�� 11ffI
irtNo Public
My commission expires
L: DRHT0N8 KJO
EXHIBIT "A"
CONTRACTS & REAL ESTATE DEPARTMENT
ASSIGNMENT OF AGREEMENTS ON THE DEITON BRANCH
ROM DENTON t TX TO COORSo TX MP 721 53 TO XP 729 5
DATE: AUGUST 6f 193
AUDITNO
LOCATION
TYPE
PARTY
MP
FOLDER
KT32788
DENTON,TX
T
XNG
SAMMONS COMMUNICATIO
722
02
0069025
KT3 716
DENTON,TX
P/L
XNG
VEENKERs, DALE
722
84
0069152
KT37032
DENTON,TX
W/L
XNG
WILTEL, INC
725
58
0068863
KXR572
DENTOI,TIC
P/L
XNG
DENTON WATER FIGHT
722
20
0000000
KX122 4
DENTONj TX
P/L
XNG
LONE STAR GAS COMPAN
722
00
0000000
K 14301 001
DEI TONi TX
P/L
XNQ
LONE STAR GAS
721
77
0000000
K1401 002
DENTONoTX
P/L
XNQ
LONE STAR GAS
721
77
0000000
KX15158
DENTONITX
P/L
XNG
LONE STAR GAS CO
722
85
0000000
K 16108
DENTO rT]
P/L
XNG
ENSERCH COP
723
92
0000000
I X2 3 319
DENTON I X
XNG
TP&L
723
04
0000000
KX2 S 99
DENTON * TX
XNG
TP&L
723
01
0000000
IX8036
DENTON■ T
W/L
XNQ
TP&L
722
50
0000000
KX516
DENTONr T
P/L
XNG
LONE STAR GAS CO
723
26
0000000
KX53 ,
DENTON, TX
P/L
XNG
SULLIVAN, BEN
724
74
0000000
KX9651
DENTON#TX
W/L
XNG
TP&L
726
29
0000000
KX3 512
LAKE DALLASjTX
W/L
XNG
LAKE DALLAS TELEPMON
727
53
0000000
X3 ,511
LADE DALLA ,TX
W/L
XNG
LAKE DALLAS TELEPHON
728
82
0000000
KX28632
LACE DALLAS, TX
/L
XNG
TP&L
725
31
0000000
L2 6909
LAKE DALLAS , TX
W/L
XNG
LAKE DALLAS TEL CO
727
80
0000000
146861
DENTONoTX
LS SIGN
PATRICK MEDIA GROUP
724
02
690-"48
IS4660
DENTON,TX
LS SIGN
IMPACT OUTDOOR
723
97
1344-m72
UNION PACIFIC RAILROAD AD CoIIIPAS
CONTRACTS REAL ESTATE DEPARTMENT
NDBERE
RETURNED
DIRECTOR
�� 141 f DODGE STREET
HA NEBRAIA �8� 79
RECE I T REi,T STED
Patrick Media Group of Dallas, Inc
3700 E Randol Mill Rd
Arlington, TX 76011
B W
�J ANTHONY
GENERALDIRECTOR
CONTRACTS
D D BROWN
DIRECTOR REAL ESTATESALES
ROO1 1
D H �IHTi�NE
DIv9A
DIRECTOR FIELD OPERATIONS
FAX
R E NiEHAUS
DIRECTOR SPECIAL PROJECTS
F SMERVELL
DIRECTOR JOINT FACILITIES
690-48
Dear Licensee
Reference is rude to the Signboard License Agreement between
Mercury House, Inc (Mercury) and you dated February 2, 199
bearing Mercury's s agreement number U- 1. , including any
supplement or amendment thereto, if any ("Agreement covering
the signboard location at Denton, Texas
Effective January 27, 1991, the MI s sours Pacific Railroad
Company, owner of the land where the signboard location i
situated, has taken control of the signboard Location from
Mercury and has terminated Mercury's authority to Manage and
administer both the Agreement and the signboard location
Pursuant to Paragraph 4 of the Agreement, this letter shall
service as notice that the Railroad hereby elects to terminate
the Agreement effective March 31, 1991
Termination of the Agreement shall not affect any of the
rights, obligations or liabilities of the parties, accrued or
otherwise, which may have arisen prior to the effective date o
termination of the Agreement
new lease for the signboard location will be mailed to you
y the Railroad in a separate mailing
If you have any
letter, please £eel.
(402) 271-5595
questions or comments concerning this
free to call Marty Johnson of my staff a
Very truly yours,
z�-- �
D H t n
Director -Field Operation
32 4' 3 ; ,v 11
�,"
lo
17() / �
L ON SAC AND L C0RD j'
fMl 1A I F
D A F F
b -I I I V89
F.FF M c Iol 1989
DST DA rF
UT I
I r 13
U
I 1 I Ok 1
I(4I IUNI STAIF ml
(it)
s' ,t�FU'g O�I�I�RI
Y ,14 y
14�86 1Mq
Wo
I I W - Ft ANI. T AGRFFMFNr NO 1 P Dot 11 0 19 P�
#a rI(*I t F I I ( M V
m
11ri, ) S � � I ;
O T I N SUPERVISOR OF CONIRAONLINECAN T R I FXECUTION REPORT
FOtDFK NBRON
NBR
U
ULJS f OME-
6
01 1.j PARTY NAME
IMf ACT OUTDOOR ADVERI I IN
OLD CITY
DE.NION
OLD 91ATF
NEW FARTY NAML
NFW CITYAT
CA-tM D[-.SLRir r I ON
LEABE OF LAND FOR c ONE-) OR
ADVE'R 7 5 O
(NON BL ANV F r
NI RAC I TYPE
F PFCTIVE DATEL
r 1 - 0
kw
l % INT 10N DATI
OLD V999-' 9-(
E
H I L 1. MOU T
OLD , 00 00
NEW
,[
X L LJ T I ON COMML NTS
NIA- W ci I GNBOARD LEAbE
CON rRO( T COMMENTS
Nil W 9 E GNBOARD L EAbLr 6UBbEO E NT TO MERCURY HOUSLNA4. T TERM I NA I ES
I'll F F-, ( Uk Y I I t)# ER E NICE NLJ M EfF f U
C E A F
APR 2 1991
It Allelit 6 E;
om
S I ONBOARD 910101
Form Approved, -La
DUPLICATE ORIGINAL a RAILROAD COP
13 - �
LEASE OF INDUSTRIAL
PROPERTY AT D TDB TEXAS FOR A S I GNB APM
154660
This Agreement made and entered into this
)q6XV411 1 1991 by and between MISSOU I PACIFIC RA1LR M
COMPANY, a Delaware corporation (hereinafter "Lessor"), and
IMPACT OUTDOOR ADVERT I S I C COMPANY,, to be addressed at 5499 Glen
Lakes Drive, Dallas, Texas 75231 (hereinafter "Lessee"
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO
AS FOLLOWS
Article 1. PREMISES, LOCATION., USE
A The Lessor, for and in consideration of the rental to
be paid and the covenants and conditions to be performed by the
Le See as hereinafter provided, does hereby lease and let unto
the Lessee, for the period and subject to the terms and condi-
tions herein stated, that portion of the premises of the Lessor
(hereinafter "Prey 3.ses" , at or near Denton, Denton County,
Texas, as described and shown in Exhibit B dated April 1, 1991,
hereto attached and hereby made a part of this lease The
Premises leased under this agreement (hereinafter "Lease") may be
used by the Lessee for the placement and operation of a slc nb a d
(hereinafter "S3.gnboard"), which is descr3.bed and shown In
Exhibit B, and for other purposes incidental to the use and
operation of the Signboard, but shall not be used for any other
purposes unless the Lessee has received the prior written consent
of the Lessor The Signboard and any improvements associated
therewith that are placed upon the Premises by the Lessee shall
not become a part of the realty and shall always remain the
personal property of the Lessee, except as set forth in Section
16 of Exhibit A"
B The grant of right herein made to the Lessee is subject
to each and all of the terms, provisions, conditions, limitation
and covenants suet forth in these Articles of Agreement and in
Exhibit A, hereto attached and hereby made a part of this Lease
Article 2 TERM
The initial, term of this Lease commences ences n April 1,
1991, and extends until April 30, 1991, unless sooner terminated
as hereinafter provided
B Thereafter, beginning on May 1, 1991, so long as
neither party is in default, this Lease will renew itself without
further documentation from year to year until terminated as
Articles of Agreement
Page 1 of
SIGNBOARD 910101
Form Approved, ed, AVP-La 1
provided herein Each renewal term will be upon the same terms
and conditions set forth herein, including, without limitation,
the Lessor's aright to reevaluate the rental as provided in
Article 3 below
Article 3 RENTAL,, RENTAL REMLALUATION
A after the initial term and sub ect to the prova.sions of
Paragraph B of Article 3, below, the Lessee covenants and agrees
to pay to the Lessor, as rental for the use of the Premises
during the term of this Lease, or any extension or renewal
thereof, total annual rental in the amount o -FIVE PERCENT
(25%) the Lessee's receipts from the display of advertising on
the Premises during the applicable annual period The Lessee's
receipts shall be the total gross fees charged and collected
during the applicable annual period by the Lessee for the display
of advertising on the P e i se s , without deducting any advertising
agency commission actually paid by Lessee and without deducting
any additional expenses
B After the initial term and notwithstanding Paragraph
f Article 3 above, the annual rental shall never be lees than
TWO THOUSAND SE' "El RUNDRED DOLLARS $ 2 , 7 00 0 per annum and this
minimum annual rental shall be payable annually in advance within
to day of the beginning day of the annual term for each and eery
year during the term of this Lease
c After the initial term, the portion of the total annual
rental which exceeds the minimum annual rental is due and payable
in arrears within 30 days of the last day of the annual tern for
each and every year during the term of this Lease
D The total rental set forth in Paragraph A of Article
3) to be paid by Lessee for the initial term set forth in
Paragraph A of Article shall be the stated percentage set
forth in Paragraph A of Article 3 of Lessee's receipts during the
initial term
The minimum rental to be paid by Lessee for the initial
tent set forth in Article 2 shall. be TWO HUNDRED TWENTY-FIVE
DOLLARS $22 oo , which is the minimum rental set forth in
Paragraph B of Article 3 prorated to reflect the fraction of one
year which the initial term represents The rental amount
described in this Paragraph E 1B due and payable on the beginning
date of said ,initial term
The portion of the total rental for the initial term
which exceeds the minimum rental for the initial term is due and
payable in arrears within 30 days of the last day of the
aforesaid initial term
Articles of Agreement
Page 2 of
SIGNBOARD 91 101
Form Approved, AVP - Law
The Lessee shall keep are accurate record of all of its
total gross fees charged and collected for r the display of adver-
tising on the Premises ses for each annual, period during the term of
this Lease An authorized representative of the Lessor shall, at
all reasonable times, for audit purposes, have free and full
access to the accounts, books and records of the Lessee relating
to such fees during the term of this Lease and for a period of
three years following expiration or termination howsoever of this
Lease The Lessee agrees to pay to Lessor any amounts found
owing to the Lessor pursuant to this Lease that have not been
paid to the Lessor If requested by Lessor, the Lessee agrees to
promptly submit to the Lessor a copy of Lessee's contracts or,
at Lessor's option, summaries thereof which pertain to the
display of advertising on the Premises and which show the true
consideration charged by the Lessee for the display of advertis-
ing on the PremlBes
H The Lessor may annually reevaluate the renta], base upon
which the above rental is computed In the event the Lessor
shall determine that the rental paid as no lbritjeZ' representative
of a fair market rental, the Lessor may adjust the rental and
shall advise the Lessee by written notice of such change Such
written notice shall be served at least thirty (30) days prior to
the effective date of the new rental, it being understood however
that rental adjustments shall not be made more often than once
every twelve (12) months
I All rental shall be paid in lawful money of the United
tateB of America at the office of Manager of Ad rertl ing Signs,
Union Pacific Railroad Company, contracts and Real Estate Depart-
ment, Room 1100, 1416 Dodge Street, Omaha, Nebraska 68179, or at
such other place as the Lessor shall designate
J In the event that the rental herein specified to be
paid has not been received by the Lessor within fifteen (15) days
after the date that such rental payment is due, a finance charge
of ten (10) percent of each unpaid rental payment shall be
assessed against the Lessee and interest, at the rate of thirteen
(13) percent per annum, shall be assessed against the unpaid
rental and shall accrue until such rental payments are current
and all interest payments and finance charges have been paid
Article 4
ELECTRICAL SERVICE To SIGMD RD
A The Lessee, at its sole expense, shall arrange and
secure from a third party, and thereafter be solely responsible
for, all electricity that is needed to operate the Signboard
The electricity upp l i ed by the third party shall be metered to
the account of Lessee and Lsee shall be solely responsible in
paying for such electricity
Articles of Agreement
Page 3 of
SIGNBOARD 10101
Form Approved, VP -Law
B The Lessee shall secure the written approval of Les -
sorts Chief Engineer through a separate written application made
to the Lessor's Contract and Real Estate Department, prior to the
Lessee's or any third party' a installation of any electricity
supply line to the Signboard which
1 Is installed underground on any portion of
Lessor's right-of-way, or
2 Crosses any railroad track, overhead signal line
r overhead communication line, or
3 Requires the installation of any poles or anchors
on any portion of Lessor's right-of-way. or
Has a voltage greater than 240 volts
In the operation and maintenance of the electrical line
the Lessee shall prevent the lane from interfering by induction
leakage of electricity, or otherwise with the operation of the
signal, communication lines or other installations or facilities
f the Lessor or of its tenants, and i f , at any time, the opera-
tion or maintenance of the electrical line results in any elec-
trOBtatic effects which the Lessor deers undesirable or harmful,
or causes interference with the operation of the signal, communi-
cation lines or other installations or facilities, as now exist-
ing or which may hereafter be provided by the Lessor and/or its
tenants, the Lessee shall., at the sole expense of the Lessee,
immediately take such action ass may be necessary to eliminate
such interference
Article 5 TERMINATION of PR I O AGRE
This Lease supersedes and terminateB that certain
agreement including any supplement or amendment thereto between
Mercury House, Inc Lessor named herein successor in interest
and Impact Outdoor Advertising Co Lessee named herein successor
in interest gated May 4, 1989, identified in Lessor's records as
its Ref No U-461 covering the use and operation of the
Signboard and Premises described in this Lease, provided,
however, that such termination shall not affect any of the
rights, obligations or liabil tleB accrued or otherwise, of the
parties hereto, which may have arisen prior thereto
Article SPECIAL PROVISIONS
None
Articles of Agreement
Page 4 of
SIGNBOARD 910101
Form Approved, A -Law
IN WITNESS WHEREOF, the parties hereto have executed
this Lase as of the day and year first herein written
Witness MISSOURI PACIE'IC RAILROAD COMPANY
V
X
D i r c field Operations
Witness
K 0 - k
% tb�
IMPACT OUTDOOR ADVERTISING CO
X
Title/
IMPACT OUTDooR ADVERTISINCi CO
5499 GLEN LAKES DRIVE
DALLAS TEXAS 15231
Note M-K-T Audit No 36519 terminated with Mercury House Mgt
154660
Articles of agreement
Page 5 of 5
S I GNBOARD 9 11 Of
Form A0proed , AVP-Law
EXHIBIT
Terms and Conditions Covering the
Construction, Maintenance and Use of
the Signboard and the Use of the Premises
Section I NOTIFICATION OF SUPERINTENDENT- PRIOR TO ENTRY,LESSEE TO USE PREMISES IN A SAFE MANNER
The Lessee- shall notify the Lessor s Superintendent of Transportation Services at least 48 hours in
advance of each entry y the Lessee upon thePromises or upon land owned or controlled b the Lessor in proximity
to the Promises f Lessee's entry will result in any person►1, vehicle, equipment (including an extended crane
tVn railroad tracks the Lessee shall
boorn , or other property associated with the entry being within fee ,
not r f V the Super r ntpndertt of such encroacWent and i nqu i re whether the Super I ntendent w I I I requ r re the Lessee to
have a f I a Iran present or imp I own other spec is I protect i ve or sa f ty measures The required l and other
rear n
special protective pr safety rrasures sha l I beprovided at Lessee s expense l af agrnart or Other spacial
protective or safety
measures are performed by essor, such services will be provided at Lessee s ex�t
nse with the
understand thatif the Lessor provides such services, the lessee shall not be relieved of an of s
respon fbiies or liabilities set forth herein
The lessee shall enter and use the Premises only in such a rrranner~ which does not interfere with Lessor s
trainoperations or other business activities and which does not result in an unsafe circumstance If Lessee needs
to cross any tra ksi of Lessor with its equiprrrent, it shall do so only at existing open public road crossings
Section 2 PR TECTI0N OF FIBER OPTICS CABLE
A Fiber o cable s stems r be burred on or in pro emit to the Premises Lessee shall telephone the
Lessor at 1-8 0- tic l a -Dour number) to determine if fiber optic cable rs buried an where on r in proximity
f the Prises Lessee shall ele hone the
to the Premises l cable is burred it or in the pro imr t o ,
for loca�ion of the cable make arran earns for relocation or
to I crurr � cat � on cr�pen � es involved, arrange
other protection o the cable and sha I l commence no work on or excavation of the Premises or land in proximity to
the Premises until all such protection or relocation has been accomplished
8 In addition to the liability terms elsewhere in this Lease, the Lessee shall indemnify and hold the
Lessor harmlessfr*. and against all cost, loss, liability, and expense whatsoever(including, without limitation,
attorney s fees end court costs and expenses) arising out of or in any way contributed to by any act or omission of
the Lessee, its con ractor, agents and/or employees, that causes or in any wait or degree contributed to a any
damage to or destruction of any telecommunications system by the Lessee, and/or its contractor a eats and/or
e�rnpioyees, n lessor s property, b any r n,l ury to r death of any person ernp I Dyed by
or on bea It of an
r# n r ct r agents and/or to ees n Lessor s property, and/or its
to l eOrrrrlun I cat I nits �corm�par�y, and/or s co a � �
contractor, agents qnd/or iployess on Lesson s property, and/or c any claim or cause of action for alleged loss
of prof r is or revenue b , or Ioss of sear r e a customer or user o , su h to I corn n i cat r on company es
Section 3 LESSEE TO BEAR ALL EXPENSES
All work of placing, erecting, operating, mm a r me i n I ng, repairing and rermv r ng the Signboard or any wither
improvement assoc r a ed with e Signboard), and any other work associated with the Signboard or i mprovernent , sha I I
be performed at Les eels sole cost and expense
Section 4 ALTERAT1ON AND EXCAVATION OF THE PREMISES AND OTHER PROPERTY OF LESSOR
Prior to commencing any work of erect i n the Signboard, the Lessee sha l I take all precautions to
determine the e r stpnce and enact location of ans to not damage airy existing under 0
round qu r nt, utility or
r rrr roxrrnrt o
the remises ses � Lessee sha I I b
communication lines or firer facilities that are located ono p � x
responsible in cont�ct i n any and a I I utility compan r es or other entities to determine the exact location of any
under round equ r pmept Ut i I i t r es c ommun i cat r on I i ryes or other fac r l i t r es before corn enc i ng any works on or r n
pr x rrnr ty to the Promises The Lessee sha I I not rely upon any map or information supplied by Lessor in determining
the exact location f or existence or non-existence of any underground utilities, corrmun r cat, on lines, qu r pment or
other facilities
B The Lessen sha I I not a I ter or prepare the Prom se, and other Iand wh r ch i s owned or control I ed by the
Lessor and located i n proximity o the Premises, without first obtaining the written consent of the lessor The
Lessee is author i during the teat of this Lease to excavate the Promises as necessary for the Signboard s
footings and to cut volunteer (trot planted) vegetation on and in proximity two the Premises as necessary to promote
the visibilit 0f the i nboard # s faces All vegetation cut b Lessee lea l l betotally rew a by the Lessee from
Lessor's r r hl - xca acted gourd sha l I b either removed from the Lessor s right-of-way or spread out in
of thep r mi i n such a manner which ch does not impair airy grater course or drainage, r adw1211
or
thevicinity, se
Lessor's use of the, laird All excavation, alteration or other work involved in erecting the Signboard be to
the satisfaction anO standards of the lessor
EXHIBIT A
IIO�nI of
SI NUMD 910101
Evan Approves , AVR-lair
Section 5 PRI R RIGHTS
Th i s Lease i s made w i thout covenant of t i t I e or to g i ve possess i on or for qu i et en j oyimnt
B This Lease is made subject to all outstandi super ior rights incIudin , but not Iierrto to, underground
f ac i I it Ms, ric�#�t�of�y for hih�rays and fir power , Nber optics and other coirmni cat ion I cries and foci I it:es,
and the right of the Lessor to renew such outstandingrN hts, to renew the term thereof and to rent such new or
additional rights, licensesr easementsunto others a n the lessor �n its sole discretion shoulddeem necessarVt
convenient or ap ropriate l n the Lessee s use a rvd occ up nc Y o f the Premi ses , the Lessee sha I I not d i sturb, damage
or interfere wit y such facilities of the Lessor or nonparties
Section 6 RESTRICTIONS ON DISPLAY OF ADVERTISING
Advert i serpents of a character which the lessor, in its sole discretion deers objectionable or which it
deem in its sale discretion detrimental to Lessor s business activities, shall not t>e displayed on the Prises
B When the Premises are located within the limns of a Lessor s yard or terminal, the Lessee shall not
display advertisements for alcoholic beverages on the Premises
Section 7 CARE AID USE OF PREMISES, APPEARANCE AND MAINTENANCE OF SIGNBOARD AND PREMISES
In the Lessee s use and occupancy of the Premises, the Lessee shall not cause any damage or destruction
of the Premises or other propert in proximity to the Premiss by fire or otherwise The Lessee sha I l not do,
tolerate or permit anythinPremises
which increasesthe hazard of fire The Lessee shall not commit, tolerate or permit
t r i n r to the r other ro r~ inproximityto the r is s rid hall not case r p rmit the
wa o o ,�uproperty
use of the Premises for any unlawful purpose nor create or wintain thereon any nuisance or any offensive object,
ratter or thing The Lessee, at lessee s expense, shall at all times keep the Premises in a safe, neat, clean and
presentable condition
B The Lessee, at its sole cost and expense, shall be responsible in maintaining a clean and presentable
Signboard and display including, but not limited to, the obligations of frequently painting and cIcanin the
inboard structure, cutting vegetation and re�mo i n litter in the ir�rned gatevicinity Signboard,
the S ,
controIling bird roost in , rewv i ng bird waste, and keep in the S ignboard s adv r t i s i ng copy current and in good
condition at all times
C I n the event the S i gnboard or any other i mprovmnt assoc i at d therew i th not be l ong i ng to the Lessor on
the Premiss is daned or destroyed by fire, storm, or other casualty, the Lessee shall, within thirty days after
such happening, remv�re all debris and rubbish resultingtherefrom, and if Lessee fails o do so, the Lessor my
tPremises�d reprove such debris and the lessee aCover,
el to reimburse the lessor, within thirty
daysafter
enter e a �
bill rendered, for all expenses incurred in such cleanup any impaianent of the tracks shall be corrected
immediately by the Lessee
D in the Lessee s use of the Signboard and its occupancy and use of the Premises, the Lessee, at Lessee
expense, sha II conform and cwp IV with a I I appIicab le Iares, ordinon a and pub Iic reguIa ions now or hereafter in
effect, and hold Idharmless the Lessor from an failure so to do and from any fines, penalties, forfeitures or
j udgnr nts resulting from Lessee s failure to conform and camp I y with all such laws, ordinances and public
regulations
Section 8 TAXES AND ASSESSMENTS
The Lessee f ur then agrees to pay, before the same sha I I became de I i nquent , a I I takes I ev i ed du i rig the
life of this Lease upon the Signboard or anyr i prove nt associated therewith, or to reimburse the Lessor, either
n l u�ed i n lessees rental rat for surer paid by the Lessor for such takes
directly or as an arr�ourr � paWent
Section 9 HAZARDMIS SUBS T AK S AND WASTES
Lessee ha I I camp I y w r th a I I fedora I, state and I oca I env i ronmena I I arcs and regu l at i ons i n 1 is use o
the Premises and tts use, maintenance and repair of the Signboard, including the Resource Conservation and Recovery
Act , a s ar nded (RCRA) and the C mprehens i ve Env i rom rrenta I Response Coqxnsat i on and L i a i I N ty Ac t, as amended
(CERCLA)
B Lessee ha I I use its best efforts and safety practices to prevent the release on or in ro c imi t to tyre
w �
Premises of any pint, solvent, oil or adhesive, or any other hazardous substance or astea s defined in ER EA
Notwithe#andin , Lessee assumes a I I responsibility or the investigation and cIeanup of any such reIease and sha II
indemnify and defend the Lessor, its officers agents and empIogees, for all costs including environmental
y
consultant and atrny fees, and claim resulting from or associated with are suc release This provision shall
e is terminated pursuant to an other provision,
ether this lea 1I P
continue � nfull force and effect regardless of p
or the Premises arse abandoned and vacated by the lessee
EXHIBIT
aeof
11n
I GNBUARD 9 lol l
Form Approved, AVP.-Law
Section 10 LIENS
The Lessee sha l I pail when due and before any I i en sha l I attach to the Premi ses # i f the sarrre may l awf u l l y
e asserted all c urges for electrical power furnished and fully paV for all neater i a l s j o i n d or a f f i iced to the
Promises, pay for all taxes and assessments and pay in fu I l all persons who perform labor upon the Promises, and
sha l l not pernrr t or suf for any mechan r c s or rneter i a Iffen s or other I i err of any k i nd or nature to be created or
enforced a a i rest the Premises for any work done or enter N lfurnished thereon at the instance or request r on
bel 1f of he Lessee and the Lessee a reel to indwm ify hold harmless, and defend, the Lessor and Lessor s
a ,
property age � nst and from are and al 1 lens, claims, demands, costs and expenses of whatsoever mature in any way
connected with or growing out of such work done, labor performed, or r terials or other things furnished
Section 11 ASSUM TION OF RISK INDEMNIFICATION
A The Lessee accepts the Premises in its present condition and hereby assumes the risk of any injury to and
death of persons and damage to or destruction of property resulting from the condition of or any defects an where
ior upon the Premises, regardless of whether such condition or defects are known or unknown, apparent or atent
and re ardiess of whether such condition or defects exist at the commencemnt of this Lease or at some later time
B The Lessee s occupation of and activities on and in proximity to the Premises will expose the Lessor
F
roperty, rations and facilities to additional hazards, and as one of the material considerations for this
ea� the ee agrees to asses the risk f and to indemnify and hold harmless the Lessor as o I I ores
The Lessee agrees to assume the risk of and shall indem Nfy and hold harmless the Lessor, and its
affiIitates, their officers# agents, and employees, from and against any and all IiabNlf, loss, damage,
c laims, demands, costs, fines, penalties, and expenses of whatsoever nature, including court costs and
atttorney s fees, arising from or growing out of any injury to or death of persons who oever or
destruction of, loss of, or damage to property whatsoever This indemnif ication and assumption of risk
shall accrue when such t � associated in ury, death, destruction loss, or d fr ge occurs f ran are cause and in whole or
in part i% incidental to, or caused by
a the presence of the Signboard or other property on or in proximity to the Premises, or
b the use and occupation of the Premises by the Lessee, its of ilitates, their officers, employees or
agents or by any other person or entity usingor occupying the Premises by reason of any relation,
e is affiliates their employees, officers, r agents, or
contractual or otherwise, with the Lessee, � �
c any activity of the Lessee, its affiliates, employees officers, or agents on or in proximity to the
Premises or of any other person or entity on or in proximity to the Premises by reason of any
relation, c ntractural or otherwise, with the Lessee, its %ployees, officers, or agents, or
d Lessee s breach of this Lease
The Lessee agrees to assume the risk of and to indewify and hold harmless the Lessor, and its
affiliates heir officers, employees, and agents from and against any and all liability, loss, damage,
claims, demands, costs, fines, penalties, and expenses of whatsoever nature, including court costs and
attorney s fees, asserted by any person, including insurers and advertisers for any and all destruction
of, l oss of, or dage to
the Signboard, and
other propert on or in proximity to the Promises which is associated with or incidental to the
Signboard or To the use and occupation of the Premises, and
the businesses of the Lessee and any displayer of advertising on the Premises
The covenants for assumption of risk and indemnification set forth in Paragraphs A and B above shall
accrue in all crr um tances, including but not limited to circumstances when such injury , death., destruction, loss
to in who a or in part) an activities
or danrae arises from, icaused b , is associated with o iincidentaly
r negligence the Lessor, s
r t a if i l i ates, their officers, errs l yees, or agents
Section 12 NOTICE.
Any notice, downd, request, consent, approval or canication that either party hereto desires or is
required to give to the other Party under this Lease shall be in writing Not 1 C e sha l I be deemed to have been
Yi Oren to the Lessee bV sear i rig the Lessee persona I l V or by m i I r ng the sage postage preps i d, to the Lessee at the
ast address known to the Lessor Notice may be given to the Lessor by nmi I ing the same, postage prepaid to the
office of Manager of Advertising Signs Union Pacific Railroad Company, Contracts A Real Estate Department, Roan
1100, 1416 Dodge Street, sha, Nebr+as Ca 68179
EXHIBIT A
P��2n3 of 4
SIGNWMD 910101
Form Approved, AVP-Law
Posta I not ices sha l I be by cent i f i ed ffa i I , return rece i pt requested and such not i ce sha I I be deemed
given on the date deposited with the United States postal Service
Section 13 OONSENT
herever the consent, approva I , J udgment or determi nat i on of Lessor i s requ i red or perms t ted under th rs
Lease, Lessor shall exercise good faith and reasonable business ,judgment in granting or withholding such consent or
approval or in making such Judgment or determination and sha I 1 not unreasonabiv withhold or delay its consent,
approval, J udgwnt or determination
Section 14 TERMINATION 1 ON DEFAULT, REPOSSESSION OF PREMISES BY LESSOR
It is further agreed that the breach of any covenant, stipulation or condition herein contained to b
kept and performed by the Lessee, shall, at the option of the Lessor forthwith work a termination of this lease
and all rights of the Lessee hereunder, provided, however, that the Lessee shall not W deemed in default under
this Lease unless the Lessor has furnished written notice to the Lessee of Lessee s default, and the Lessee has
failed to begin to cure that default within seventy -tiro (7 hours after receipt of lessor s default notice or
after commencing a cure and has failed to proceed diligently i th its cure efforts
B After a default by the Lessee, the lessor may at once re-enter upon the Premises and repossess itself
thereof and remve a I I persons and property theref rom or may resort to an action of forcible/unlawful entry and
detainer, or any other action to recover the same A waiver b the Lessor of the breach by the Lessee of any
covenant or condition of thisLease shall not impair the right of the Lessor to avail itself of any subsequent
breach thereof
Section 15 TERMINATION ON NOTICE
A This Lease maly be terminated by written notice given by either the Lessor or the lessee to the other
party on any date in such notice stated, not less, however, than thirty 30 days subsequent to the date on which
such notice shall be given
Upon such termination and vacation of the Premises bV the Lessee, the Lessor shall refund to the Lessee,
on a pro rasa basis, any unearned rental paid in advance
Section 16 SURRENDER ABANDONMENTABANDONMENTt VACAT 1 ON OF PREMISES, REMOVAL OF LESSEE S PROPERTY
A The Lessee agrees that upon the expiration, abandorment of Premises by lessee, or sooner termination of
this Lease, the Lessee will peaceaDIV and quietly surrender possession of the Premises to the lessor, or the
Lessor s successors and assigns without Lessor giving any notice to quit or demand for possession Lessee s
non-use of the Promises for the purposes desc r i t4d in Article I of the Articles of Agrewent of this Lease
continuing for th i rty days shall be sufficient and conclusive evidence of such abandonrrrent No later than the
expiration r termination date of this Lease, the lessee sha I I a) remove f rota the Promises and from areas in
proximity to the Premises, at the expense of the Lessee, the Signboard and its supportin footing(s) and pole(s)
and any other structures, property and other materials not belonging to the Lessor, and b restore the surface of
the ground to as d a condition as the sage was in before such Signboard and structures were erected, � nc l ud i ng,
withoutlimitingM generalityo the foregoing, the removal of foundations of such structures, the filling in of
all excavations end pits is and the removal of all debris and rubbish, all o which shall b performed at lessee
expense If the lessee should fail to perform such re ova I the Lessor rnay rendered perform the work and the Lessee sha l I
re rrr�burs the lessor for the cost thereof within thirty days after bill
B In the case of the Lessee s failure to remove such Signboard, structures, propert and other material
floe sane, at the option of the lessor, shall upon the expiration o thirt 30) da after he termination of this
f within one 1 year after the expiration o
f theLessor, and p
Lease, become and thereafter rerr�a r n the property oe ocause t b removed sa r d Signboard, structures
such thirty -day pet` i od the Lessor elects to and does rernov the cost f such remove � plus
property and othermaterial and the car et a 1 ue thereof on removal does not equalP
the cost of restoring the surface of the round as aforesaid, then the Lessee shall reimburse the Lessor for the
deficit within thirty 0 days after bil rendered
Section 17 LEA E NOT TO SUBLET OR ASSIGN
The Lessee agrees not to let to sublet the Premises, in whole or in part, or to assign this Lease without
the consent in writing of the Lessor and it is agreed that any transfer or assignment of this Lease, whether
voluntar , by operation of law or of erwise without such consent in writing, shall b absolutely void and, at the
option of the Lessor, shall terminate this lease
Section 18 SUCCESSORS AND ASSIGNS
Subject to the provisions of Section 17 hereof, this Lease shall be binding upon and inure to the benefit
of the parties hereto and their respective heirs, exec tors, administrators, successors and assigns
EXHIBIT A
P�g2n4 of
0
( i ld S BVININA1
MERCURY HOUSE INC
PO Box 815425
APP REPLACES EXISTING M-K-T LEASE Dallas Texas
NO 34798) (2141243 8405
APPLICATION FOR OUTDOOR AVERT S INC SPACE14�861
4
Property of [ P /M p Fairly M-E-T City and State Denton, eXA
DescriPtion and location of property East cif Lo D 288 and qeneralIX south of
Post 724 02
Footage of poster space, Illuminatedublefaced 121 x 2'
Regular
Footage of paint space* Illuminated
Regular Wind load capacity.30 lbs per sq
ft
Vertical distance from base of sign to top of ground min of 15 feet
App .ication made on behajLf of PATRICK MEDIA GROUP CP DALLASr INC
Address E Randol. Mill Road r Arlington. 'texas 76011
Diagram of proposed location below or see railroad map on reverse side
See M-K-T Drawing No A-30630 datedeOctober 7, 1981 on reverse side Pole i
approximately feet from centerl ifie of track
Current Rental. is $750 00 per annum I propose to increase 120 per annu
Do not knQw if this is possible yet If unable to secure increase of rental
to this amount, I will so advise
Sulmxt byFy Nause Inc
By WWI
Date Preide
Railroad Approvals
Approved J �r ov � - . I� 6tee IMF ou f
w
Rail ad uperintend Date
Approved ,.
Data
Title ms==RX0tJTWT9 & REAL ESTATE
<0
D
€ N 13F E RV [ 5 CON TRc3 ONL I NF CON T RI F X E CUl I ON RE f-OfT
AUD I I NBR 46061 k 01JENCE NHR I i 1 20 4
of 1 I TY DENTON OLD LjlAlE r
W W �(-*dY NAME FAIRIU MEDIA OROUF OF DO [ P)b
cif m m gakii [' IUN LLAlL-3L OF I,. AND f Of-% 03 IGNSf OiDVLb I I I NG (NON lJL +[[
I I L F RE 0, ULD
f b 1 B 0 A FND 1. FA-n,[�
E),I:..A.
APR 2 3 1991
NLW 1991-001
N99 V
NE W AN
SIGNBO�RD 910101
Form Approved, Av - Law
690-48
LEASE OF INDUSTRIAL
PROPERTY AT DENT4N, , TEXAS FOR A SIGNBOARD PMG NC
This Agreement made and entered into this day of
1991 by and between l ISSOUR PACIFIC RAILROAD
COMP a Delaware corporation(hereinafter "Lessor"), and
PATRIC CIA GROUP of DALLAS, INC , a Delaware corporation, to
be addressed at 3700 E Rando 1. Mill Rd Arlington, Texas 76011
(hereinafter "Lessee"
IT IS MUTUALLY AGREED By AND BETWEEN THE PARTIES HERETO
S FOLLOWS
Article 1 BREKJ SES,,._ L0CAT I o , _ USE
A The Lessor, for and in consideration of the rental to
be paid and the covenants and conditions to be performed by the
Lessee as hereinafter provided, does hereby lease and let unto
the Lessee, for the period and subject to the terms and condi-
tions herein stated, that portion of the premises of the Lessor
(herei after "Premises"), at or near Denton,, Denton County,
Texas, as described and shown in Exhibit B dated April 1, 1991,
hereto attached and hereby made a part of this lease The
Premises leased under this agreement (hereinafter "Leases' may be
used by the Lessee for the placement and operation of a signboard
(hereinafter "Signboard"), which is described and shown in
Exhibit B, and for other purposes incidental to the use and
operation of the Signboard, but shall not be used for any other
purposes unless the Lessee has received the prior written consent
f the Lessor The Signboard and any improvements associated
therewith that are placed upon the Premises by the Lessee shall
not become a past of the realty and shall always remain the
person 1 property of the Lessee, except as set forth in Section
16 of ;xhibit "A"
B The grant of right herein made to the Lessee is subject
to each and all of the terms, provisions, conditions, limitation
and covenants set forth in these Articles of Agreement and in
Exhibit A, hereto attached and hereby made a part of this Lease
Articls 2 TERM
The initial term of
1991, and extends until August
as hereinafter provided
Articles of Agreement
Page I of
this Lease commenceB on April. 1,
1, ll, unless sooner terminated
3159
SIGNBOARD 910101
or ► Approved, AV - Law
B Thereafter, beginning on Septembers 1, 1991, so long as
neither party is in default, this Lease will renew itself without
further documentation from year to year until terminated as
provid d herein Each renewal term will be upon the sane terns
and co ditions set forth herein, including, without limitation,
the Lessor's right to reevaluate the rental as provided i
Article 3 below
Article 3 RENTAL. RENTAL -R EV L JAT to
After the initial term, the Lessee covenants and agrees
to pay to the Lessor, as rental for the use of the Premises
during Ithe term of this Lease, or any extension or renewal
thereof, rental of ONE TH J Al D TWO EMMRD DOLLARS($1,200 00)
per annum payable annually in advance for each and every year
during the term of this Lease, subject to reevaluation as
providd in Paragraph C below The rental described in this
Paragraph A is due and payable within 10 days of the beginning
clay of each annual term, each and every year during the term of
this Lease
The rental to be paid by Lessee for the initial, term
set forth in Paragraph A of Article 2 shall be FIVE ADD
DOLLAR , which is the annual rental set forth in
Paragraph A of Article 3 prorated to reflect the fraction of one
year which the initial term represents The rental amount
described in this Paragraph B is due and payable on the beginning
date of the aforesaid initial tern
C The Lessor may annually reevaluate the rental base upon
which the above rental is computed In the event the Lessor
shall determine that the rental paid is no longer representative
f a fir market rental, the Lessor may adjust the rental and
shall 4dvise the Lessee by written notice of such change Such
written notice shall be served at least thirty days prior t
the effective gate of the new rental, it being understood however
that rental adjustments shall not be rude more often than once
every twelve 12 months
D All rental shall be paid in lawful money of the United
States of America at the office of Manager of Advertising Signs,
Union Pacific Railroad Company, Contracts and Real Estate Depart-
ment, Room 1100, 1416 Dodge Street, Omaha, Nebraska 68179, or at
such other place as the Lessor shall designate
Eo In the event that the rental herein specified to be
paid h s not been received by the Lessor within fifteen 1 days
after the date that such rental payment is due, a finance charge
of ten 1 percent of each unpaid rental payment shall be
assessed against the Lessee and interest, at the gate of thirteen
(13) percent per annum, shall be assessed against the unpaid
Articles of Agreement
Page 2 of
SIGNBOARD 910101
Form Approved, AV -Law
rental and shall accrue until such rental payments are current
and all interest payments and finance charges have been paid
f requested by Lessor, the Lessee agrees to promptly
submit to the Lessor a copy of Lessee's contracts or, at Lesa-
s or l s option, summaries thereof which pertain to the display of
advertising on the Premises and which show the true consideration
charged by the Lessee for the display of advertising on the
'remises
Article ELECTRICAL SERVICE To SIGNBOARD
A The Lessee, at its sole expense, shall arrange and
secure from a third party, and thereafter be solely responsible
for, all electricity that is needed to operate the Signboard
The electricity supplied by the third party shall be metered t
the account of Lessee and LMeasee shall be solely responsible in
paying for such electricity
B The Lessee shall secure the written approval of Les -sorts Chief Engineer through a separate mitten application made
to the Lessor's Contract and Read. Estate Department, prior to the
Lessee's or any third party' ss installation of any electricity
supply line to the Signboard which
1 Is installed underground on any portion of
Lessor's right -of -way, or
2 crosses any railroad track, overhead signal line
or overhead communication line, or
3 Reguires the installation of any poles or anchors
on any portion of Lessor's right -of -way, or
Has a voltage greater than 20 volts
In the operation and maintenance of the electrical lime
the Lessee shall prevent the line from interfering by induction,
leakage of electricity, or otherwise with the operation of the
signal, communication lines or ether installations or facilities
of the Lessor or of its tenants, and if, at any time, the opera-
tion or maintenance of the electrical line results in any elec-
trostatic effects which the Lessor deems undesirable or harmful,
or causes interference with the operation of the signal, communi-
cation lines or other installations or facilities, as now exist-
ing or which may hereafter be provided by the Lessor and/or its
tenants, the Lessee shall, at the sole expense of the Lessee,
immediately take such action s may be necessary to eliminate
such interference
Articles of Agreement
Page 3 of
SIGNBOARD 910101
Form Approved, AVP-- aw
Article 5 TERMIRLTION OF PRIOR AGREVO
This Lease supersedes and terminates that certain
agreement including any supplement or amendment thereto between
Mercury House, Inc Lessor named herein successor in interest
and Patrick Media Group of Dallas, Inc (Lessee named herein
successor in interest) dated February 28, 1989, identified in
Lessor's records as its Ref No U-518 covering the use and
operation of the Signboard and Premises described in this Lease,
provided, however, that such termination shall not affect any of
the rights, obligations or liabilities accrued or otherwise, of
the parties hereto, which may have arisen prior thereto
Article 6 SPECIAL PROVISIONS
Done
IN WITNESS WHEREOF, the parties hereto have executed
this Lease as of the day and year first herein written
Witness MISSOURi PACIFIC RAILROAD COMPANY
N N,X j i Z! �24A
Dirac - e Opera ions
Witness
PATRICK MEDIA GROUP OF DALLAS, INC
rA ffA-, WdMA IM4
:r
F
Note -K -T Audit No 34798 terminatedwith Mercury House Mgt
Articles of Agreement
Wage 4 of 4
SIGNSWO 910101
Dorm Approved, A P- law
Terns and Conditions Corer I n U he
Construction, Maintenance and of
the Signboard and the Use of the Premises
Section I NOTIFICATION OF UPER l NTENDENT PRIOR TO ENTRY LESSEE TO USE PREMISES IN A SAFE MANNER
The Lessee shall notify the Lessor s Superintendent of Transportation Services at least 48 hours in
advance of each entry by the Lessee upon the Premises or upon land owned or controlled by the Lessor in proximity
to the Premises I f Lessee s entry w r I I resu I t i n any person, veh i c I e, u r pment (including an extended crane
boom, or other property associated with the entry be i ng wit#ri n 25 f set 01 any ra r I road track, the Lessee sha I I
notify the Superintendent of such encroachment and inquire whether the Superintendent will nor #� s require the Lessee to
required t l a nand other
have a f I awn present or imp I ement other spec i a l protect i e or sa f t measures The
special protective or safety measures shall be pro i d d at lessee s expense If any fla � special
with the
protective or safety measures are performed by
Lessor such services will b provided at Lessee s expense
understand i n that if the Lessor provides such services, the lessee shall not b relieved o any o its
repons ibiliNs or liabilities set forth herein
B The Lessee shell enter and use the Premises only in such a manner which does not interfere with Lessor s
train operations or other busyness activities and which does not result in an unsafe circumstance If Lessee needs
to cross any tracts of Lessor with its equ r parent , it sha I l do so only at existing open public road crossings
Section 2 PROTECTION OF FIBER OPTICS CABLE
A Fiber o tic cable s stems ma a buried on or in proximity to the Premises Lessee shall telephone the
- -hour r umber to d term ire r f fiber opt c cable s bur ed an where on or in proximity
Lessor a 1 -8 1 a
the Premises Lessee sha I elephone the
to the Promises If cable is buried on or in the pro ir�rr o ,
to I econ�nun i cat i ons corr�pany i es involved, arrange
for loca ion of the cable, make arrangements for relocation or
other Protection of the cable and sha I I commence no work on or excavation of the Promises or land in proximity to
the Premises until a I I such Protection or relocation has been accomplished
R In addition to the Iia iIity terms elsewhere in this Lease, the Lessee shall indemnify and hold the
Lessor harmless from and against all cost, loss, I i ab i l i ty, and expense whatsoever (including, without limitation
attorney s fees and court costs and expenses arising out of or in any way contributed o bV any act or omission of
the Lessee, its contractor agents and/or aVloyees, that causes or in any way or degree contributed to a any
damage to or destruction of any toIecmmnicatIons system by the Lessee, and/or its contractor a eats and/or
t ha I o an
ernp l oyees, on lessors property, b any i nj ur to or death of any Person � I by or on b
to l econun i cat i ons company, and/or its Cortracoro agents and/or Ioyees, on Lessor s property, and/or its
contractor, agents and/or employees, on Lessor s property, and/or c any claim or cause of action for alleged loss
of profits or revenue by, or loss of service by a customer or user of, such telecommunication c rpany � es
Section 3 LESSEE TO REAR ALL EXPENSES
A I I work of p I ac r erect M ng, op rat # ng. rya r nta r n i ng, reps r r i ng and remov r ng the S i gnboard or any of her
improrrernent associated
i ttr� re Signboard), and any other work associated with the Signboard or i mpr verrrent , shall
b performed at Lessee's sole cost arW expense
Section 4 ALTERATION AND EXCAVATION OF THE PREMISES AND OTHER PROPERTY OF LESSON
Pr r or to cortrnenc i ng airy work of erect 12 the S i.gnboard, tyre Lessee sha I I take a I l precaut i ores to
determine the ex i stance and exact I ocat i on f a
to not dares a an existin under Fremises,
ound eqoi n, utility or
corrun i cat in 1 i nes or other facilities that are located on or in proximity
o the Ire Lessee hall b
responsible rn contacts an and II utIiry c ides or other entities to determine the exact location of a n V
undergroundq�r i pant f0111fies oonmurr#cationes or other facilities before corrrnenc r ng any wor on or i. n
proximitV to the Proms yes The Lessee sha I I not re I V upon any map or i nfor=t i on supp I i ed by lessor I n det rrn 1 n 1 n
the exact I ocat ion of or existence or non-existence of any underground ut iIities, commnicat ron Imes, equipment or
other facilities
B The Lessee sha I i not a I ter or prepare the Proms ses, and other i and wh r c h i s owned or contr'o I I ed by the
Lessor and located in proximity to the Premises, without first obtaining the written consent of the Lessor The
Lessee is authorized during the term of this lease to excavate the Promises as necessary for the Signboard s
footings and to cut volunteer (not p I an d vegetation on and in proximity to the Promises as necessary to pr �r�ote
the visibrlit of the Signboard s faces All vegetation cut by Lessee shall totally reproved by the Lessee from
Lessor or s r h -of - Excavated round sha I I b either rewv d from the Lessor s r i gh -o +a V or spread out in
the vicinity of the ;remises in such a nrann r which does not r ffpa i r any water course or dra r na e t roadway, or
Lessor s use of the lend All excavation, alteration or other work involved in erecting the Signboard shall be to
the satisfaction and standards of the lessor
EXHIBIT a
Pag�nl of
0
IGN A D 910101
Form Approved A P-�aw
Section 5 PRIOR ITS
This Lase is made without covenant of title or to give possession or for quiet enjoVment
8 This Lease is We subject to all outstared i n superior rights including, but not limited to, underground
facilities, rights -#may for shwas and for?1ber optics and other communicatNon 1ines and faciIities,
poer
and the right of the Lessor to renew such outstanding ri hts, to renew the term thereof and t grant such new or
discretion shouI deem necessary,
additNonal rights, Incenses or easements unto others as a lessor in its sole disc
convenient or ap r riate In the Lessee s use and occupancy of the Promises, the Lessee shall not disturb, damage
or interferey
wit a such feorlitrs f the Lessor or nonparties
Section 6 RESTRICTIONS ON DISPLAY OF ADVERTISING
A Adverts efents of a character which the Lessor, in its sale discretion deem objectionable or which i
deems in its sole discretion detrimental to Lessor s business activities, shall not be displayed on the Premises
When the Premises are located within the limits of a lessor s Vard or terminai, the lessee shall not
display advertisements for alcoholic beverages on the Premises
Section 7 CARE AND USE OF _PREMISM APPEARANCE AND CIA I N TENANCE OF SIGNBQKRD AND PREMISES
A I n the Lessee s use and occupancy of the Prom ses., the lessee sha I I not cause any dange or des truc t i on
of the Promises or other p o rt in proximity to the Premises by fire or otherwise The Lessee shall not do,
tolerate or permit any
i n whic9 increases the hazard of fire The Lessee shall not commit, tolerate or permit
he remises or other property in proximity to the Premises and shaII not use or permit the
waste of or injury t p Y
use of the Promises for any unlawful purpose nor create or m i nta i n thereon any nuisance or any offensive object,
ratter or thin The lessee, at Lessee s expense, shall at all times keep the Premises in a safe, neat, clean and
presentable condition
B The lessee, at its sole cost and expense, shall be responsible in maintaining, a clean and presentable
Signboard and display including, but not limited to, the obligations of frequently painting and cleanin the
S i onboard's structure,cutting vegetation and reving l i tter in the if mediate v i c r n i y of the Signboar ,
controlling bird roosting, remving bird waste, and keep i n the Signboard s advertising copal current and in good
condition at all times
In the event the Signboard or any other improvement associated therewith not belonging to the Lessor on
I Whir► th�rt da s after
the Premi is da la d or destroyed by fire storm, r other casualty, the lessee she 1, y o
such haPpenin rwMve a1I debris and r bbis resuItin therefram , and 1f Lessee f a i I s to do so, the Less
+ days alter
r to Premises and remove such debris and the Lessee agowever,
roes to reimburse the Lessor, within thirty
r Ma
enter �
bi I I rendered, for a I I expenses incurred i n such cleanup airy iqmirment of the tracks shall be corrected
inn iatel by the lessee
D in the Lessee s use of the Signboard and its occupancy and use of the Premises, the lessee, at lessee s
expense, sha I l conform and l y w i th a I I app l Icab 19 1 aw , ord i nances and pub i s re I a i ons now or thereafter i n
effect, and hold h rmles
theLess r from any failure so to do and from any f i ryes, penalties, forfeitures or
jud rr nts resu1tin from Lessee s failure to conform and comply with all such laws, ordinances and public
regulations
Section 8 TAXES ASSESSMENTS
The Lessee further agrees to pay, before the same shall became delinquent, all taxes Ievied during the
I i f e of t his Lease iupon the Sied � n lessees pal
nb and or an improvement assoc i ated therewith, or o reimburso the Lessor, either
directly or as an a�not i roc l
rental nt for sums paid by the Lessor for such takes
Section 9 H AR S SUBSTANCES AND WASTES
A Lessee soa l I cornpil with all federal # state and l a I env i ror enta l laws and regulations in its use o
the Premises and its use, naTntenance and repair of the Signboard, including the Resource Conservation and Recovery
Ac t as amended R A and the Comprehens eve Env ir rental Response Compensation and Liability Act, as amended
(CECLA
B Lessee all use its be t efforts and safety practices to prevent the release on or in ro imit to the
Premises of any pa nt, soIvent , o I or adhesive or any other ha ardous substance or waste as defined i n �ERCLA
Notw iths tandin , L ss a assumes a I I responsibiIIty for the investigation and cIeanup of any such release and shall
n of nd the Lessor, its officers a eats and emp l ogees, for all costs i nc I d s rig env i ronnrenta I
indemnify a d �
at me fees and claims resultin from or associated with any such release This roision shall
consultant and y ,
t rm ru ed pursuant to an of er provision,
continue in full farce er�d effect regardless of w ether this Lease ie p
or the Promises arc abandoned and vacated bV the Lessee
EXHIBIT A
Pag2A2 of 4
0
SIGNBOARD 910101
Form Approved, A P-Law
Section 10 L I ENS
The Lessee shall pay, when due and before any lien shall attach to the Premises, if the same may lawfully
be asserted, all charges for electrical power furnished, and fu l I V pair for all materials joined or affixed to the
Promises, pay for all taxes and assessawntst and pay to full all persons who perform labor upon the Premises and
shall not permit t or suffer any �rle hank or meter is 1 rr s or other lien of any kind or nature to b created or
enforced a arrest the Premises for are wort done or materialsfurnished thereon at the instance or request or on
behalf of he Lessee and the Lessee a reel to indermnify, hold harmless, and defend, the lessor and Lessor s
property against and from any and I1 ions, claims, demnds, costs, and expenses of whatsoever nature in any way
connected with or growing out of such work done, labor performed, or m terials or other things furnished
Section 11 ASSUMPTION of RISK,--INDEMNIFICATIO
A The Lessee accepts the Promises in its present condition and herebV assurrres the risk of any injury to and
death of persons and flange to or destruction of property resulting from the condition of or any defects anywhere
in or upon the Promises, regardless o whether such condition or defects are known or unknown, apparent or latent
and regardless of whether such condition or defects exist at the commencement of this Leese or at some later t i rare
B The Lessee s occupation of and activities on and in proximity to the Premises will expose the Lessor
ropertV, op rations and fac i I i t i es to add i t i ona I ha arils, and as one of the material considerations for this
tease,the lessee agrees to assume the risk of and to indermify and hold harmless the Lessor as fo l I ows
I The Lessee agrees to assume the risk of and sha I l indemnify and hold harmless the Lessor, and its
affiIitates, their officers, agents, and employees, from and against any and a II INebiINt, Ioss, damage
claims, lends, costs, fines, penalties, and expenses of whatsoever nature including court costs and
atttorne s fees, arising from or growing out o any injury to or death of persons whomsoever or
destruct on of, loss of, or damage to property whatsoever This i ndenm i f i cation and assumption of risk
ath destruction, I os , or damage occurs from any cause and in whole or
shall accrue when such in ur�, de , f
wit incidental to, or caused by
� part � associated ,
a the presence of the Signboard or other~ property on or in proxiMIty to the Promises, or
b the use and occupat ion of the Pre i ses by the lessee, its affiIitates, their off1cars, OWIovees, or
agents or by anV other person or entity usin or occup in the Premises b reason of any relation,
contractual or otherwise, with the Lessee ,
ffiliaes, their emp to ees, officers, or agents, or
c any activity of the Lessee, its affiliates* employees, officers, or agents on or in proximity to the
Premises or of any other person or entity on or in proximity to the Promises by reason of any
relation,
c ntrac ural or otherwise, with the Lessee, its employees, officers, or agents, or
d Lessee s breach of this Lease
The Lessee agrees to assume the risk of and to i ndewi y and hold harmless the Lessor, and i is
affiliates heir officers, Io s and a ants from and against anV and all I iabi I i try, loss, darn e
c I i ins, demands, cost*, fines, perm 1 es, a expenses of whatsoever nature, including court costs and
attorneys feest asserted by any person, including insurers and advertisers, for any and all destruction
of, loss of, or damage to
I the Signboard, and
other propertlo
on or in proximity to the Promises which is associated with or incidental to the
Signboard or the use and occupation of the Promises, and
the businesses of the Lessee and any displayer of advertising on the Premises
The covenants for assume ion of risk and i nderrtn i f i cat i r. set forth in Paragraphs A and B above shall
accrue in all c ircumsta ces, inclWing but not limited to circumstances when such i n tray, death, destruction, loss
!n who�e or �n rt an activ�t�e
or dan a arises from is caused b , r a o iated with, or is incidental to Pa
r negligence of thetessor.
its afdIiates their officers, employees, or agents
Section 12 NOTICE
A Any notice, deund, requests consent, approval or communication that either- party hereto desires or is
required to give to the other party under this lease sha I I b in writing Notice sha I I be deemed to have been
iOren to the Lessee by ser v i ng the Lessee per sonaIIV or by ma i I i ng the sarme postage prepaid, to the Lessee at the
ass address known to the Lessor Notice may b rven to the Lessor by menIrng the same, postage prepaid to the
Iroad n Contrac is ReaI Es#ate Departivent, Room
of f r c o lunar f Advert ri ni sus U r n Pac i i c ai�,
1100, 1416 Dodge Street, Omaha, NebrasCa 68179
EXHIBIT A
Page 3 of 4
1102n
S I CND 910101
Form Approved, AVP-*Law
B Postal notices shall be bV certified mmil, return receipt requested and such notice shall be deerrrad
given on the date depos i ed with the United States Postal Service
Section 13 CONSEK
Wherever the consent, approval, j udcwnt or determination of Lessor is required or permitted under this
Lease Lessor shall exercise good faith and reasonable business judgment In granting or withholding such consent or
approval or :n kin such u nt or determinations and shall n r
approval,u ,1 � of unreasonably withhold #hho d o delay its consent
dint r determination
Section 14 TERMINATION ON OEFA LT REPOSSESSION OF PREMISES BY LESSOR
A It Is further agreed that the breach of any covenant, stipulation or condition herein contained to b
kept and performedby the Lessee, shall, at the option of the Lessor, forthwith work a termination of this Lease
and all rights of the Lessee hereunder, provided, however, that the Lessee shall not be deemed in default under
this Lease unless the Lessor has furnished written notice to the Lessee of Lessee s default, and the Lessee has
failed to begin to cure that default within seventy-two 7 hours after receipt of Lessor s default notice or
after c ncing a cure and has fa i l d to proceed diligently with its cure efforts
8 After a default by the Lessee, the Lessor may at once re-enter upon the Premises and repossess itself
thereof and remove all persons and property therefrom or may resort to an action of forcible/unlawful entry and
detainer, or any other actin to recover the sane waiver by the Lessor o the breach b the Lessee of any
covenant or condition of this Lease shall not it the right of the Lessor to avail itself of any subsequent
breach thereof
Section 15 TERMIN&TION-ON NOTICE
A This Lease ffaV be terminated by written notice given by either the lessor or the Lessee to the other
party on any date in such notice stated, not less, however, than thirty 0 days subsequent to the date on which
such notice shall be given
B Upon such termination and vacation of the Promises by the Lessee, the Lessor shall refund to the Lessee,
on a pro rate basis, any unearned rental paid in advance
Sections 16 SURRENI&R4 ABANDOWNT VACATION OF PREMISES, REMOVAL OF LESSEE S PROPERTY
A The Lessee agrees that upon the expiration, abandormnt of Premises by Lessee, or sooner termination o
this Lease, the Lessee will peaceably and quietly surrender possession of the Premises to the Lessor, or the
Lessor s successors and assigns, without Lessor giving any notice to quit or dend for possession Lessee
non-use of the Premises for the ur dArticles
for th i r p purposes escribed in Article 1 of the of ArNrnent of this Lease
continuing
ty days shall be sufficient and conclusive evidence of such abandonment No later than the
expiration or termination date of this Lease, the Lessee shall a remove from the Premises and from areas in
pro imnity to the Promises, at the expense of the Lessee, the Signboard and its supporting footings and pole(s)
and any other structures, property and other materials not belonging to the Lessor, and b restore the surface of
the ground to as 9o9d a condition as the same was in before such Signboard and structures were erected, including,
without limitingl� foregoing generality ty o he the rwrra 1 of foundations of such structures, the filling in o
all excavations andipiis and the renrovaI of all debris and rubbish, all of which shall be performed at Lessee s
expense If the Lessee should fail to perform such remo a l the Lessor mo perform the work and the Lessee shall
reimburse the Lessor for the cost thereof within thirtyo days after bi t rendered
In the case of the Lessee s failure to remove such Signboard, structures, property and other material,
the same, at the option of the Lessor, shaIl upon the exp irat ion of thirt o da ofter the tears nation of theLease, become and thereafter remin fibs r r* of the ssor and i wi hin oneis
r after th
� year a e ration of
such thirt -da period the Lessor elects andYd s r ve or cause to r p
y pe does mo a be removed, said Signboard, structures,
and other t
property to a and he market value thereof on removal does not equal the cost of such revs I plus
the cost of restoring the surface of the round as aforesaid, then the Lessee shall reimburse the Lessor for the
deficit within that O des after bl rendered
ed
Section 17 LEiNOT To SUBLET OR ASSIGN
The Lessee agrees not to let to sublet the Premises, in whole or in part, or to assign this Lease without
the consent in writing of the Lessor and it is agreed that any transfer or assignment of this Lease, whether
voluntaU
, operation law r o4erwise without such consent in writing, shall be absolutely void and, t the
option theLessor,pshall terminate this lease
Section 18 SUCCESSORS AND ASSIGNS
Subject to the provisions of Section 17 hereof, this Lease shall be binding upon and inure to the benefit
of the parties hereto and their respective heirs, executors, administrators, successors and assigns
EXHIBIT
Pae4of4
11 2n
ti
9k
� 2
f
M
cr
x
If0000,
J
.s
L)
z
PC
tic
d
0
z
U
AW 11 bF,.Ah I F r i )N LL A9-F OF L AND FOR 5 T GN � Ok AIA4 R T I PIU r11 J 1 Pt (d 4 f I
t 989'
I A 1 f I f I � M i I I JMMIFN T 13
111L W t - o 1)1
W w Q (,;
D 4.: A
MAR 21 199Z
fj p 1
MA R 2,1 L,
1992
Supp 861219
Foam Approved , AVP - Law RIG L 1
59
Form 20
Audit No 14 861
Folder No 690-48
SUPPLEMENTAL AGREEMENT is made as of the Is+ day of MWCA--) ,
1 K2., by and between MISSOURI PACIFIC RAILROAD COMPANY, a► corporation of
the State of Delaware, (hereinafter the Railroad) and PATRICK MEDIA GROUP
OF DALLAS, Inc j, a Delaware corporation to be addressed at 3700 E Randol
Mill Rd#, Arlington, Texas 76011 (hereinafter the Lessee
RECLTALs
By instrument dated April 22, 19911 the parties hereto or their
predecessors in interest (if any),r entered into an agreement ( herein
the "Basic Agreement") identified as Audit No 146861, covering
signboard located at M P 724 02 in Denton, Denton County, Texas
The parties now desire to modify the Basic Agreement by decreasing
the annual rental and adding Exhibit B dated .nay 1. 1992
AGREEMENT:
IOWO THEREFORE, IT IS AGREED by and between the parties hereto as
l lows:
Section I &W SUBSTITUTION OF EXHIBITS
Exhibit E dated March 1, 1992, attached hereto,, shall be and
hereby is substituted for the Exhibit B dated April 1, 1991 attached to the
Basic Agreement, and from and after the effective date herein whenever the
term Premises in used in the Basic Agreement, or any amendment or supplement
thereto if any ) , such reference shall be deemed to refer to the Premises as
shown and described on Exhibit R dated March 1, 1992, hereto attached
Section 11 - DECREASE IN RENTAL
Effective September 1. 1992, the Lessee agrees to pay to the
Railroad the sum of ONE THOUSAND DOLLARS 1,0 0 00 per annum, payable
annually in advance, in lieu of the rental heretofore stipulated
Section III - AMENDMENT OFF ARTICLE 3 OF BASIC AGREEMENT
Effective as of September 1. 1992, Article 3, Paragraph A of the
Basic Agreement shall be, and hereby is amended to read as follows
The Lessee covenants and agrees to pay to the Lessor, as
rental for the use of the Premises during the term of this Lease, or
any extension or renewal thereof, rental of ONE THOUSAND DOLLARS
l j,ODD D per annum payable annually in advance for each and every
year during the term of this Lease, subject to reevaluation as provided
in Paragraph O below The rental is due and payable on September 1st
f each and every year during the term of this Lease
Supp 861219
Form Approved, AVP - Law
Section 1V - EFFECTIVE DATE
This Supplemental Agreement shall be effective as of September 1,
199
Section V - AGREEMENT SUPPLEMENTAL
This agreement is supplemental to the Basic Agreement, as herein
amended, and nothing herein contained shall be construed as amending or
modifying the same except as herein specifically provided
H WITNESS WHEREOF, the parties hereto have caused this
Supplemental Agreement to be executed as of the day and year first herein
written
Witness:
�llli bill \
`Illlj� 1p\
Witness:
MISSOURI PACIFIC RAILROAD COMPANY
By: j2360f
Director operation
PATI I K MEDIA GROUP OF DALLAS, IN
X ��eol
Title:
ASST GENERAL MANA
Omaha - September 4, 1992
Property Records -- Room 1100
Attached are copies of documents certifying that LDX , MET, INC
changed its name to WTC - CENTRAL, INC , effective January 12, 1988, and WTC
has changed its name to WILTEL, INC, effective July 10, 1991
Please adjust your regards to show the following agreements
currently with LDX, Net, inc are now in the name of Wiltel, Inc C
LP
Polder No Audit No Sub3c
1195--7 5 CA8550 Agreement dated October 2,, 1984 , covering an
underground telephone wireline crossing at
Mile Post 477 7, near Mauricevill.e, Orange County,
Texas
1170-92 CA86601 Agreement dated October 23, 1984, covering an
underground fiber optic communication cable crossing
at Mile Post 311 7, Shreveport, Caddo Parish,
Louisiana
21 -62 C,AS7458 Agreement dated July 26,, 1985, coveri-ng an
underground fiber optic cable crossing at
Mile Post 357 70, near Pittsburg, Crawford County,
Kansas
211-42 CA87875 Agreement dated January 1, 198 , covering an
underground fibber optic cable communications line
crossing at Mile Post 381. 22, Joplin, Jasper County,
Missouri
989-37 C,A88 01.
Agreement dated April 24, 1986, covering an
underground f iber optic communication line crossing
at Mile Post 209 68, Denton, Denton County, Texas
1329-87 KT37 20
Agreement dated May 12, 1986, covering a fiber optic
telec mmnicat ions encroachment from Mile Post 449,
Shawnee, Oklahoma, to Mile Past 483 36, Oklahoma
City, Oklahoma
1303-79 KT36888
Agreement dated October 1, 1985, covering a fiber
optic cable crossing at Mile Poet 330 27, near Eve,
Vernon County, Missouri
688-63 KT3703
Agreement dated February 1, 1986 cove a ng a fiber
opts.c cable crossing at Mile Post 75 58, near
Denton, Denton County, Texas
1347 -41 KT37102
Agreement dated March 5 , 1986 , covering a f iber optic
telecommunications encroachment from Mile Post 722 1,
Denton, Texas, to Mile Post 758, Dallas, Texas
CK533
Agreement at Oklahoma City, OK
145122
Right of occupancy Agreement dated August 3, 1987
C Chr tensen
Contracts Representative
srGNBOARD 910101
Form Approved, -- Law
Date ARril 1 1991 Current Audit No
Current Folder No 1 4 -72
Prior License & Audit No U-461. KT-36519
Lessor MISSOURI PACIFIC RAILROAD COMPANY
Lessee IMPACT U'I1WR ADVERTISING CO
I Description of Premises The Premises is the ground space occupied by
the Signboard's poles and footings and the air space occupied by the
remainder of the Signboard, as it is presently located and constructed
II Description of Signboard' s present location
A Side of Railroad track South
Proximity of Railroad Milepost 72
Railroad Branch/Div/Subdiv Penton Sub
D city, County, & State Denton Denton Countv. Texas
feet Nest of Imo 288 Street
III Description of Signboar 's Present construction
Horizontal clearance from the center lire of nearest track to the
signboard's
Pole 35 feet
Edge of sign face 32 feet
Light or deck. 28 feet
B Maximum size and number of sign
faces authorized on Signboard
2 - 1'x4'
Attached photo of existing
signboard describes its
present location and
construction
EXHIBIT
Page 1 of 1
SIGNBOARD 911II
Form Appro%ed, VP -Law
Date March 1 r 1992 Folder No 90-
48
Audit No 146861
PGH No 3159
Lessor MISSOURI PACIFIC RAILROAD COMPAMY
Lessee PATRICK MEDIA GROUP OF D LZA r INC
Descry ti o Premises The Premises Is the ground space occupied by
I p
the Signboard s pole ( s ) and footings and the air apace occupied by the
remainder nder of the signboard, as it is presently located and constructed
II Description of Signboard s present location
Side of Railroad track South
S Proximity of Railroad Milepost 724 0
C Railroad Branch/Div/subdiv Denton Sub
D city, County, & state Denton, Denton County, Texas
0 feet North of Interstate Hwy 35
P 160 feet East of Loop 288
1II Description of Siqnboard s present construction
A
Horizontal clearance from the center line of nearest track to the
signboard s
Pole 30 feet
Edge of sign face 29 feet
Light r deck feet
S Maximum size and number of sign
faces authorized on Signboard
Attached photo of existing
signboard describes its
present location and
construction
EXHIBIT B
Page 1 of 1
u4?z;''QPs^JE25
Mate at d Illuirre
QDf f Irt of §rrrrtnrV of 4*#tttP
1. MICHAEL
HARD , SECRETARY OF STATE OF THE STATE Ov
DLE , DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT
COPY OF HE CERTIFICATE OF AMENDMENT OF WTG- cENTRAL, INC
FLED IN THIS
OFFICE ON THE ELEVENTH DAY OF Y, A D 1 1,
AT 9z30 O'CLOCK
r%ins Seocroaryol SLdte
AUtHE'`'TICATION
DATE
7311 04
07/
310670
ll 1991
r
I
A1 n 0"
-JTjA FLU
SECRETARY Or STATE
D IvI s IoN OF CORPORA► Io 1S
rILLD 09 30 AM 07/11/1991
731192004 - 2035324
OF
CERTIFICATE OF INR SIC
CENTRAL, INC . a corporat:ion organized and existing
under and n virtue Of the General corporation w of the State Of
Delaware, DOES HBREBY CERTIFY
FIRST That the Board of Directors rs of said Corpo atiOno
by the ummimous writtOn
consent of ita members filed with the
minutes
of the Boarde adopted a resolution propos.%nq and declaring
advisable the following amendment to the Certificate o
Incorporation of said Corporation
RZSOLVSD that the Certificate Of
incorporation of � L , �vC , b amended
by changing the
Pi r t ` - Article thereof so that, I:
amended , said Art � e jai 40 be .r read
follows
"FIRST The name of the Corpora t,i n is
W71LTEL , INC "
SECOND That in lieu of a meeting and Grote of
stockholders, the sole stockholder has given unaninious written
consent to said amendment in accordance with the nr ie l-O O
the General Corporation Law Of the *gat f
Delaware
?r. 21
Page 2
.ta e
Frith the a
Vis ions sections 42 and 228
ao dan
of the Geaeai Corporation
,�
JTr -w
his e�' c to try gn:AwTe
Vice President, &ttemted
this i0th clay Of J'UlYo 1991
WTG PJ%L
t - a/ A 4
/- - - -
Vice Prey ant
AST%
BY
.
D&Vid M Higbee
s*cretary
L
2do-%040-2
��at� of �ela�sr
e
19
i I , I .
FAC
office a f *tcreturg of ,%tttte
C14A L HARKINSP SECRETARY OF STATE OF THE I AT r
D LAWAkE DO HEREBY CERTIFY TI L AT'TA MC E IS A TRUE AND CORRECT
COPY OF THE CER11FICATE OF AMENDMENT F LDX NET P INC FILED IN
THIS OFFICE ON THE TWENTIETH DAY OF JANUARYi A D 1908, AT 1
1 CLOCK A
XV,
7on.8020080
t
AU(I►-ichael H rkins Secretary of State
IHENTICATION
DATE 1/111/1
CERTIFICATE OF AMENDMENT JAN 20 'TJ
�"W
OF
CERTIFICATE of INCORPORATION
3rat3Lon oraniLed and existing
under and by virtue of the General
Corporation Law Of the state of
Delaware,
DOES HEREBY CERTIFY
FIRSTna 'cne oum& as - - : - --
orport.on r by unanimouS written consent, adopted a resolution
proposing and declaring advisable
the following amendment to the
Certificate
of incorporation of said Corporation
RESOLVED that the Certificate of
incorporation of the Corporation be amended
by changing the FIRST Article thereof s
that, as amended p said Article shall be and
read as follows
FIRST The name of this Corporation Is
W - CENTRAL, INC"
SECOND That in 1je
u of a meetiLng and vote o
stockholders, the stockholders he given unanimous written
consent to said amendment in accordance with the provisions o
Section 228 of the General corporation Law of the state o
Delaware
THIRD That the aforesaid
amendment was duly adopted
n
accordance with the applicable provisions of Sections242 and
228 of the General Corporation Law of the state of Delaware
coax (�� rnc� c�35
Pace 2
IN
WITNESS WHEREOPr said
LDX NET# INC has caused
thiS
certificats
to be signedby Rod
1i1.}ns e Its sir
are
a
an aryo 1988
L., ATTEST
By
David Higbee
Secretary
X NETr INC
By
Roy 1 ens
President
RFCEIVED FOR RECORD
JAN 22 1983
1111l 1 honey, Rrr
Form ISO
Rev 1177
xxa COE Y
COMMUNICATION LINE LICENSE
370' February _, Iq 86
THIS AGREEMENT Na de thin Mgt -�aY of -�
between the MI3S4URI-KANSAS-TEXAS RAILROAD COMPANY, hereinafter called "Licensor" and
LDX NETINa Delaware ca oration
hereinafter coiled "Licensee"
WiTME5SETH ARTICLE i
�e effect the date hereof , and unsa sooner
• his �� shall for rposo
ted � %wide herein, shill
eoutioue force so long as used
tee► �
heroinget out for period f ►20years
o this �- gar terms and in the event
Upon the expiration n stated
Renewal � .. i same o e herein co��et�on line for or an add�t�onal
Licensee g iscommunicationLine License
yen � option tex tr�d this
Licensee s hereby g 20o and ending anu
went(20)ea� , beginning ebruar I ned oowsa���'W� MENNEN*
term of7ee--A � a tern
Upon payment to Licensor a {renewal
ee for thin extended term shall parable
e � fee t be paid icesta effect ► the
� increasing the consideration then in e a� shall a calculated ► �. r period rich ends
i advance* one a Price Index for the yea
sae ercentag increase l the fee is beingcalculated Should there
tee for filch the re�e�
four nthe prior to the Index for given period as described
be decrease the Consumer price
no chsge, o a dec effect for the ineediately preceding term
bove. then the can l fee shall be that i
Price index shall bo def ined as the All Item
(b) The Consumer 1'rl l fished b
� for city Averages, e published price lode for Ill rba Consumers s successor ir�de�t
�o■ra he United States remt or It
b Department of labor tSIX r{/�'J*1
THSAND AND
. and4endon and e p loe. In eo der t on of ff
Woo
�reoa�tt o�l��nsee here�n�after set forth Licensor herby grants license
receipt o which er acknowledged, of the co one buried
reconstruct a maintain, repair operate and install
and permission o �I��orn to construct, fiber o tic
�,�osor property at or Dear Denton in t� County
communication line Crossing, situated on, across r along s � �� towers
Denton Texasfor core r��ence, the said ot�nrnur�itxon fine v�xt
Of Den n and state f
odes v�rires, and appurtenances insofar as they relate to said
.1
communication line upon said right of way is herein called
,ocrossinIr The lit
los of said Crossing is more particularly described as follows,
dad buried
Aber o7otic gable crosses Raid Railroad Compan rls
pTeTnises at an
angle of 35 de ree , 00 minutes, more or less #
right nortbwesterl ', tangent to curve from the
er�d t the centerline of said Railroad Company's Denton Subdivision main
track at Mile Post st -72 8, being main track valuation chai-ning
station 1716 plus 7I d-estart 20 feet more or less, measured
the centerline of said main track from the
norhaste�cly along 81 etro prod pipe line a chaining station 1716 plus 1 8a
fiber optic cable
is not with3-n the limits of a public cr 3.
ARTICLE 11
License undertakes and &SMS
1 Specifications cations All cro in shall be constructed reconstructed used maintained operated r pair d and ire tailed in
he spy
strict accords n� with the specifications s for the time current of the T ational leancal Safety Code —Fart Safety► ules for the
Installation and Maintenance of Electric Supply and Communication Imes", provided that all material and workmanship
employed in the construction,reconstruction use, maintenance operation repair and installation of the Crssirng shall be subject
to the approval of Licensor s Chief Engineer In any event however no Crossing placed hereunder shall at any tkme carry to excess
of seven hued red ft ly 1 volts f f the Crossingis aerial, it shall clea r the rails of a ny track of Licensor at least thirty feet a nd
no poles shah be plated
nearer than fifteen l fret to the main track or any side track TheCrossing over any track shall at,
right angles If the Crossing is buried it shall be placed to a condo it where the top of the conduit is at least five
ail as possil at - �g d and oo�I�(5�1/21)feet
d one -had feet beneath base grail an
beneath path surface of groundat all points within Licensorte right of gray
Prespnt occupantspro
To make a riate arrangements with any person or le al ent�t occupying the pmmascs
affected hereby pursuant to a lease or of p
er permission granted by Licensor so that Licensees said rossing will not unreasonably interfere with the use of the subject property or create undue hardship on the person or legal entity occupying the
premises
t e fable for an damage to said Crossing or the contents thereof howsoever such da rite
3 Lahlflt Licensor shall n ees or otherwise
shall a caused whether by the negligence o Licensor its agents employ
L. i ce n she assumes the risk of and shall rotect indemnify and hold harmless Licensor from and against all liability for or
n and all persons or damage to property including livestock lolled or injured resulting from
n account of injury to or death of any or incident to the construction maintenance use operation relocation reconstruction or existence of said Crossing on Licensors
premises to their prior or
l thereof from said remises or to the restoration of r failure to msto�r said p p
premises or the removal p
to u death r damage shall be caused or contributed by the negligence of
outer conditionas herein provided, whether such J Licensor its agents employees or otherwise and Licensee will protect indemnify and hold harmless Licensor and any others
loss in u ordefnands iriludin
11 usin itsTightwayfrom all claims demands suits r actions growing out f any suchr en ee
legs
a tom fees resulting or in any manner arisingfrom the risks herein assumed by Lie
investigation cats, court costs and ands or suits and small defend settle and/ or otherwise
Licensee further agrees to immediately investigate an such claims dery or suits it shall obtain a
dispose of the same at its sole cost and expense In the event Licensee settles any such claims demands
release which includes Licensor
Licensee shall not have or make against Licensor any claim or demand for or on account of any damage Licensee rtria�
suffer or stairs because of any failure of Licensors title to the right of way and landsoccupied bar said Crossing or an part
thereof
aier To wave all right to question the validity f this License or any of the terms or provisions hereof r the right
or power of Licensor to execute or enforce the same
ARTICLE III
it is mutually agreed by and between the parties as follows
l a) Repairs and Relocation
Licensee will t all tirnes maintain the Crossing in a safe and secure manner and in a
cortdttion ttf`ctr to Licensor Licensor roar request Licensee to change the location of the Crossing or any part thereof or to
eed necesa to avoid interference with or dander in the use
r�nae reaorxable repairs a in the judgement of I.icer�sor shall bed or operation of Licensor railroad f its present or future appurtenances or telegraph telephone
� or any o
t is found necessa for Licensor to use its entire right of way or any portion of it occupies!
Licensor s runt of way and in the everts � r thirty 1� days after nonce so t do for upon shorter notice to case of
fs the Crossing Licensee shall at its sale expense and within th y y of way so required by
y
eve said Crossing or as much of the Crossing as is located upon that portion o the right y
emergency) rent g
Licensor
y � (b) If Licensee shall fail to perform an of its obligations contained in this agreement to the maintenance of safe
electrical interference on Licensor s property or to rxta lCe
conditionsr and shout said Crossing or as to the protection of wires from safe r change of location
necessary repairs or
to relocate said Crossing then Licensor may cause such condition to made a
to be made or repairs to be made
de or Crossing to be removed from Licensor s property Licensor acting the agent o Licensee
and may perform such work as is necessary in judgement the ud ement of Licensor and Licensee shall on demand promptly reimburse
1 r cunt thereon s a charge for supervision accounting and use of tools or
Licensor the whole cast thereof, plus tens �o 1 en 1 da advance written notice of its intention o to
Licensor or irisY t r inate this License by giving to Licensee not less than t y
do
ate this License upon ten l is written notice if Licensee fails to keep any of
Termination Licensor may terminate da
ys L. they purposes b Licensor and n reimbursement
Licensees covenants herein contained or if �t�e right of way is required for n p p y r this License No
shall be made for Licensees expenses nses incurred in the removal o this crossing or the consideration paid a
termination expiration shall affect the rights and liabilities, if any of the parties hereto then existing
or
Restoration Upon the termination of this agreement whether in accordance with the provisions ofParagraph 1 of
s t�s
Article I or Paragraph or Article III, or otherwise Licensee shall prom tseta ly remove said Crossing from Licensor right of
wayand rest re said right way t its nor condition or to aconditionto Licensor If ���risee shall fail to remove
remove the same and charge the
said Crossing Within thirty days after the terminatio
expense thereto n of this agreement, Licensor may
# r to the Licensee on the basis provided in Paragraph l b of Article III
0•
License and all of the provisions herein contained shall hindxng upon the parties hereto
1l��ell��tas '�'ltts Lice
their heirs executors administrators successors and assigns and Licensee agrees to supply notice in writing to Licensor of any
nay ie changes Licensee agrees not to assign this License or any interest therein without the consent of Licensor in writing a id akny
and every such attempted assignment without such prior written consent shall be void and of no effect In the evert of any
remain full responsible and liable for the payment of the rental ifany herein specified and
assignment Licensee shall at all times
for the compliance of all of its other obligations under the terms provisions and covenants of this License
nnuall Licensor a press reserves the right to increase the above rental rate on any yea rI r
b In the event rent x paid � written nonce Licensor rrt increase the rental by the
anniversary date of this license by giving Licensee thirty 0� abor since l� last rents t
percentage a that the Consumer Price Index has increased published by the Department of L
increase period or the last anniversary date hereof
c The personal pronouns used herein as referring to Licensee shall be understood so to refer to Licensee whether
Licensee
be a natural person a partnership or a corporation or any combination thereof
d
equired to be given b
Any note herein ry Licensor to Licensee shall be deemed properly given if served upon r
g
delivered. to Licensee or
his authorized agent or if posted on or if maned postpaid addressed t Licensee at his I i%t
known puce of business
reements or oral warranties shall a deem d a part ofthi License nor shall any alteration
{e No oral promises oral ag provisions of this license be binding upon either party hereto u ni the
amendment supplement r waver o#' any of the pro t writingsigned by Licensor and LLcenwe
same a supplemented altered changed r amended b n instrument n
This License does not become binding upon Licensor until executed by Licensors vice president
IN wITN SS wH E REOF the parties hereto have executed this agreement as of the d ay and }rear first above written
iISSOURI KANSAS TEXAS RAILROAD COMPANY
By
ice President
LDX NET, INC
BdIFF
Title Vice fresi dent
Address 18040 3 son Ave
Chestevfieldl Missouri 63017
ft�
File T-16 2
JYJOURI AN' AS IrXA RAII ROAD CO
PY I CAR RI I
APPIXFD
40tL�
f ?40
40 NA I MIRII
IL
i1.L
\L 0 J
� t
I .L Rol IC
VI L I I D DAj L
MISSOUBI=KANSASoTEXAS RAILROAD COMPANY
ACCOUNTING DEPARTMENT
M
� CONTRACT No. 32788 00
AND SUPPLEMENTS -
With......._......_Golden..Triangle_.Communications.,.__a Texas Corpn. _
Address--_. -------- .-- - - -�--. ---- ......
For ........ Commui.cetion..line..I;Lcex $.C-.at-.XP.. -7.22 . Z.�.. �C'T� N�_,--_414._67.6..D --_.
..--
--- ......... at--DentQn-,... exas.-----..................................
Dated-----.--9- 79. - .........Effective_.9/1/79................Ex ices_...-8131/84--with option
p
r `%"'�
I V
Supplement dated._.. .��_ .Effects e.._ _.._. _.......... Ea gyres__.-. ...............
Option to be exercised on or before -----------_-------- ) extending to. ....................... ................
?
Expiration ec r N Noted b __-- A. ..._..._. Indexed b .. .�............. D ._ ./..
R o ded o y y ate..._. __.--_..
Date Option must be exercised entered on expiration record by.............................................
Entered on Collection Record by................... Account No... ..... . .... . ..... ....... Date .....................
Collection Record Checked by .... ___ -----------..---- -............................. .........................................
Bills to be Rendered -------------- C.ans-ideratiotn----_-----------_---- .S-1vk----................
ExpiredContract No.----- ----- --------- ----------------____ --------------------------------------------------- ------------___----__
Notedby ................... ---.....------.-------------•----...................---------•--------..-----.....--------------------
Cancelled Effective . ...................................... _Collection Collection Record Noted bar................ .....----
Expiration Record Noted Cancelled by ........ .................................. Date ......................... .a .......
.
RenewalContract No................................................................................................................
Index Cards. -
Golden Triangle Comunicat ions , a Texas Corporation
Denton, Texas
32788
KT 327 g g
ATTN: SUPERVISOR OF
CONTRACTS
ONLINE CONTRACT EXECUTION REPORT
AUDIT NBR :
KT32788
SEQUENCE NBR: 6342E
FOLDER NBR:
69025
VERSION NBR : 1
CUSTOMER NBR: 82862
OL.D PARTY NAME:
SAMMONS
COMMUN I CAT I O
OLD CITY �
DENTON
OLD STATE* TIC
NEW PARTY NAME:
SAMMONS
COMMUNI CAT I O
NEW CITY
DENTON
NEW STATE: TIC
AGRM DESCRIPTION:
CROSSING WIRE LINE
CONTRACT TYPE:
EFFECTIVE BATE
OLD:
NEW: 1989- 09- 01
TERMINATION DATE
OLD: 1989 -9 --01
NEW: 9999- 99--99
BILL. AMOUNT
OLD:
$50 , 00
NEW: $656 a 0
B I L.L FREQUENCY Y
OLD:
NEW: VA
EXECUTION COMMENTS:
EXTENDED INDEFINITELY FOR
A ONE-TIME FEE OF $656 n OO EF'F 9 1 / 1989 "
CONTRACT COMMENTS:
%to
V.Noo
vtl
RAILROAD'S OltlGIN�
D.E.A.
NOV 2 01990
BILLIN13 & MCINt"UM4
DIRECTOR
STREET
MAHA, NERRASI{A fi8179
4(4
275 93
UNION PACIFIC RAILROAD COMPANY
CONTRACTS & REAL ESTATE DEPARTMENT
�7August 17 � 19g�
SAMMONS COMMUNICATIONS INC
P 4 Box 15216
DALLAS Tx 75201.
B. W. ZANDBERGEN
J. A. ANTHONY
GENERAL
690--25
Gentlemen:
.Under date of September 1, 1979, Missouri Pacific Railroad Company
("Licensor") and Sammons Communications, Inc. ("Licensee"), or their
predecessors in interest (if any), entered into an agreement identified in the
records of the Licensor as its Audit Number KT32788 (hereinafter "Basic
Agreement"), covering an overhead television cable crossing at Mile Post
K-722.2, Denton, Texas.
Basic Agreement has expired August 31, 1989. The parties now
mutually agree that the term of the Basic Agreement is hereby renewed and/or
extended for an indefinite term and that all the terms and conditions of the
Basic Agreement, as heretofore or herein supplemented and/or amended (if
applicable) , shall: ' remain in full force and effect during the extended term.
Effective as of,September 1, 1989, the Licensee shall pay to the
Licensor a one-time fee of six hundred fifty --six dollars ($656 . ❑o) in advance,
in lieu of the sum heretofore stipulated.
Special. Provision entitled "Protection of Fiber optic Cable Systems"
is attached hereto and hereby made a part hereof.
This Letter Agreement, which is effective as of September 1, 1989, is
supplemental to the Basic Agreement, and nothing herein contained shall be
construed as amending or modifying the same, except as herein specifically
provided. Please execute this letter indicating your acceptance and return one
copy to me.
A U G 2 4 1990
Rental is due and payable upon your execution of the Letter
Agreement. Please include your payment with the return of a fully executed
COPY. This Letter Agreement will not be considered effective by the Licensor
until we receive both the fully executed duplicate original of this Letter
Agreement and the rental payment. If you require formal billing, you may
consider this Letter Agreement as a formal bill.
MIS OURI PACIFIC RAILROAD COMPANY
B
Di for - Contracts
The foregoing Letter Agreement is accepted, approved and executed on
this f-` day of 19 .
Witness; SAMMONS COMMUNICATIONS, INC.
x
Title:
If you have any questions regarding this letter please contact
Carolyn Christensen at ( 402 ) 271--2336.
PROTECT ION OF FIBER OPTIC CABLE SYSTEMS.
(a) Fiber optic cable systems may be buried on the Licensor"s property; Protection
of the fiber optic cable systems is of extreme importance since any break could disrupt
service to users resulting in business interruption and loss of revenue and profits; licensee
sha I l to l ephone the L i censor at 1 800-356-9 I93 Ca 24-hour number) to determine if fiber , optic
cable is buried anywhere on the Licensor s,promises to be used by the Licensee. If it is,
i fv arraxfora cable
Licensee i�r i l l telephone the to i e�c oiinnun i c a t ons c omp�a n y i es nvo wed, ti f the fr optic cable
locator, and make arran�nents for relocation or other protection p
prior to beginning any Zrk on the Licensor 4s premises.
M In addition to other indenmity provisions in this Agreement ,the Licensee shall
indemnify and hold the Licensor harmless from and .gains
all costs, liability and expense
' fees., court costs and expenses)
whatsoever t�ntludin9, without l�m�tat�on, attorneys ee , pe arising
out of any act or ani ss i on of tha L i cense.e, its contralto, agents and/or ei loyees, that
causes or contributes to (l) any qaqe9e to or.destruction of any telecoam�unications system on
Licensors property, and (2) any injuryto or death of any person employed by or on behalf of
any tolecoimiunications comp
any, and/or its contractor, agents and/or employees, on Licensor s
property. Licensee shall not have or seek recourse against Licensor for any claim or cause of
action for all doss of profits or revenue,or loss of service or other consequential dam
f
to a tolecoRnrunication conip�any using Licensor s property or a customer or user o s
ery ices
the fiber optic cable on Licensors property.
Form 1872-74
(Rev. b-RS)
Denison, Texas
JAN
1986
Mr.
A.
Me
Albin
Mr.
A.
L.
D'Mary
Mr.
G.
Be
Bleakney
Mr.
Be
D,
Phillips
Mr,
He
o.
Brandt
Mrs,
J. Be Plett
Mr.
We
G.
Campbell `.
Mr.
G.
C.
Putsche
Mr,
H,.
Re
Cantrell, Jr.
Mr,
M.
F.
Rister
Mr.
M.
We
Compton
Mr.
C.
A.
Robertson, Jr.
Mr.
H.
T.
Dimmerman'
Mr.
C.
L.
Seidlits
Mr.
We
L.
Dorcy
Mr,
V,
E.
Smith
Mr.
D.
D,
Doyle
Mr,
J.
A.
Stein
Mr,
Me
Le
Eudy
Mr,
T,
F,
Steiniger
Mr.
We
R.
Green
Mr.
L.
C.
Sulser
Mr.
H.
M.
Hacker
Mr.
D.
L.
Taylor
Mr.
J.
D.
Hemperley
Mr.
T.
G,
Todd
Mr.
P,
Ee
Jacquinot
Mr.
Re
N.
Wagnon
Mr,
M.
L.
Janovec
Mr.
H,
R,
Williams
Mr.
Do
C.
Joseph
Mr.
We
He
Zeidel
Mr.
J.
Ce
LaGrone
Mr.
K.
R.
Ziebarth
Mr.
L.
E.
Lumm
Mr.
J.
F.
Masters
Mr,
We
L.
Morris
Agent
Assignment to
Herewith copy of Contract No. .32788
dated
911179
Supersedes Contract No, for your information and file.
We have received information that Contract No, dated
has been cancelled effective
superseded by Contract No.
With
Golden Trian le
Communications,
assi ned to
Sammons
Communications, Inc.
Covering
Communication
line license at
NP K-722.2,
Denton,
TX
P. We Neidert
Auditor -Disbursements
Copy sent to:
M r1opy
ASSIGNMENT
Form: 58
Rev: 4/77
KNUW ALL MEN BY THESE PRESENTS:
THIS ASSIGNMENT, made Se tember 1 1985 , by and between the
MI SSOURI-KANSAS-TEXAS RAILROAD ANY, ere na ter cal a Railroad Company", Party
of the First Part, and GOLDEN TRIANGLE COMMiINiCAT iONs
hereinafter called ssi gnor arty o the econ ar
and SAIMONS COMMICAT IONS , INC
hereinafter called "Assignee", arty of the Third art.
WITNESSETH:
THAT the Railroad Company and Assignor entered into a/an Communication
Line License Agreement covering one aerial television cable
dated September 1 - -M" - - -
1979
situated 1n Denton,_Texas and carried in Railroad Company's records
as Agreement No. 32788 , hereinafter designated as "Agreement". Assignor desires,
subject to the consent o the Railroad Company, to assign said Agreement to Assignee.
IT IS, THEREFORE, Ritually agreed between the parties hereto, as follows:
1. In consideration of the sum of ONE HUNDRED FIFTY AND NOIIGG--- "'-"--
_.. _.._ _____.. ______ __ 150.00 DOLLARS, byssignor to Railroad Company in
hand paid, receipt ----of which is hereby ac nowl edged , and of other good and valuable con-
siderations, the Railroad Company hereby consents to the assignment of said Agreement
from Assignor to Assignee.
2 Assignee has thoroughly read said Agreement, and is familiar with its terms
and conditions, and hereby accepts the foregoing assignment; and agrees to use said pre-
mises for the purpose of one aerial television cable
and in consideration of the Railroad Company consenting
thereto, undertakes and agrees to and with the Railroad Company to carry out and perform
all the terms and conditions of said Agreement to be by Assignor carried out and performed;
and to indemnify the Railroad Company as in said Agreement provided, as if Assignee had
executed said Agreement as a party thereto, in the place and stead of Assignor; and agrees
not to assign said Agreement, or any right or interest therein, without the Consent in wri -
ting of the Railroad Company.
3. Nothing herein contained shall be construed to release Assignor from any lia-
bility or obligation to the Railroad Company which has accrued or which may be accruing
at the date hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Assignment the day and
year first above written.
GOLDEN TRIA�T E COMMUNICATIONS
,,XAssignor
BY �J
Title vice President
SANIMONS COMMUNICATIONS INC.
Assignee
By
Title Vice President
Address: 60 SaL•.r�
FILE: T-95
MISSOURI-KANSAS-TEXAS RAILROAD COMPANY
BJa
Vice -President
MISSOURI-KANSAS-TEXAS RAILROAD CO.
COPY FOR RECORDS
APPROVED.
ziC*71'-NTA.TI?4G C F FIL C E R
DATE
VICE-PRES. OPER�A-'PT 40N
DATE
GENERAL, MANAGIEIRR-
DATE
A. V. P. M/W/q
DATE
com
;tNERAL
DATE
;- VID;All
COUNSEL
VICE-PRES. PROP. MGMT.
DATE
- 0 6. 0. 0. 0 0 1 & 0 D 6. a 0. a *. * " *'
VlCt-PRES. RE & ID
a a ......
DATE
Form 1872-74
(Rev. 6--84)
Mr. A. M. Albin
Mr. G.,B. Bleakney
Mr. H. o. Brandt
Mr. W. G. Campbell
Mx. H.-R. Cantrell, Jr.
Mr. M, W. Compton
Mr. R . N-. DeLongy
M r . Ii . 'r . I) -imme rma n
Mr. W. I.. Dorcy
Mr. M. L. Eudy
Mr. 'We Re Green
Mr. H. M. Hacker
Mr. J. D . Hemperley
Mr. P. E. Jacquinot
Mr, M. L. Janovec
Mr. D'. C, Joseph
Mr, J, C, LaGrone
Mr. L. E. Lumm
Supplement to
Herewith copy of Contract No.
Supersedes Contract No.
32788
We have received information that' Contract No*
has been cancelled effective
Denison, Texas
Mr, J, F, Masters
Mr, We L. Morris
Mr. A. Le o' Mary
Mr. Be D. Phillips
Mr. o. Co Putsche
Mr. Me F. Rister
Mr. C. Ae Robertson, Jr.
Mr. C. L. Seidlits
Mr. V. E, Smith
Mr., J. A. Stein
Mr. L. C. Sulser
Mr. D, L. Taylor'
Mr, T, G. Todd
Mr. Re N. Wagnon
Mr. He Re Williams
Mr. We H. Zeidel
Mr, K. Re Ziebarth
Agent
dated- 9/1/79
for your information and file.
dated
superseded by Contract No.
With Golden Triangle Communication
Covering Communication line license at MP R-722.2 Denton TX
P, We Neidert
Auditor -Disbursements
Copy sent to
SUPPLEMENT
SUPPLEMENTAL AGREEMENT entered into June 29, 19849 by and between the
MISSOURI--KANSAS-TEXAS RAILROAD COMPANY, a corporation, hereinafter called
"Licensor", and GOLDEN TRIANGLE COMMUNICATIONS, a Texas corporation,
hereinafter called "Licensee"*
WITNESSETH:
THAT, on September 1, 1978, Licensor entered into Communication Line
License No. 327889 hereinafter called "License", with Licensee for a term
beginning September 19 1979 and ending September 1, 1984, covering one aerial
TV cable at Denton, Texas.
WHEREAS, under the terms and conditions of said License, Licensee was
given the option to renew said License for an additional period of five (5)
years, beginning September 1, 1984 and ending September 19 1989, the
consideration to be paid by Licensee during such extended term to be
negotiated, and Licensee has exercised such option;
IT IS, THEREFORE, mutually agreed by the parties hereto, as follows
1. That the term of said License is hereby renewed and extended for a
term of five (5) years, beginning September 1, 1984 and ending September 1,
1989.
2. Licensee shall pay to Licensor as consideration for the use of said
premises during such extended term the sum of TWO THOUSAND FIVE HUNDRED AND
NO/100------ ($2, 500.00) DOLLARS payable in advance.
3. It is further understood and agreed that, except as supplemented and
changed herein, said License and subsequent amendments and/or supplements, if
any, shall remain and be in full force and effect as to its present terms and
conditions.
IN WITNESS WHEREOF, the parties hereto have executed this Supplemental
Agreement the day and year first above written.
MISSOURI-KANSAS-TEXAS RAILROAD COMPANY
By
Vice P sident
GOLDEN TRIANGLE COMMUNICATIONS
!� BY ZeAwl ,
Title Vice President
Address: 205 Industrial
Denton, Texas 76201
File: T-95
MISSOURI-KANSAS-TEXAS RAILROAD CO.'.
COPY FOR RECOR DS
�Oy E D
DATE
0 .. 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
VICE-PRES I 1)E N T. OP E R ATION DATE
a . 0 . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . 0 • 6
GENERAI MANAGER DATE
........... I . . . . . . . . . ... a I -
AN.P.. M/W/S DATE
c, (L R
,J� E
AT
MINERA-1, COUNSEL
ATE
ASST-OW
,?;>RJ&S, RE & ID
..................
.............
DATE
VICE-111RES. RE & ID
DATE
Forth 1872-74
Mr.
H.
4,
Brandt
Mr.,
Be
R.
Cavanaugh
Mr.
M.
We
Compton
Mr.
H.
T.
Dimmerman
Mr.
J.
F.
Granlund
Mr.
W.
R.
Green
Mr.
H.
M.
Hacker
Mr.
J,
D.
Hemperley
Mr,
M.
L .
Janovec
Mr.
J'.
C.
LaGrone
Mr.
J.
F.
Masters
Mr.
W.
L.
Morris
Mr,
A.
L.
C'Mary
Mr.
Be
D.
Phillips
Herewith copy of Contract No.
Supersedes Contract No.
32788
We have received information that.Contract Noe
has been cancelled effective
Venison Texas OU
f 7 10
Mr. M. F. Rister
Mr. C. A. Robertson, Jr.
Mr. J. E. Robinson
Mr. V. E. Smith
Mr. W. E. Smith
Mr, L. C. Sulser
Mr. D. L. Taylor
Mr, J. L. Taylor
Mr. W. A. Thie
Mr. T. G. Todd
Mr. R. N. Wagnon
Mr. H. R. Williams
Mr. W. H. Zeidel.
Mr. K. R. Ziebarth
Agent
dated 9/1/79
for your information and file*
dated
superseded by Contract No.
With Golden Triangle Communications, a Texas Corporation
Covering Communication line license at MP K--722.21, DOT No. 414 676 D at
Denton, Texas
P. W. NEIDERT
Auditor -Disbursements
Copy sent to:
50
,..,C"Opy Red i; °
COMMUNICATION LINE LICENSE
THIS AGREEMENT No._made this Ist _ _day of
=88
September 19 79
between the MISSOUR.I-KANSAS-TEXAS RAILROAD COMPANY, hereinafter called "Licensor", and
GOLDEN TRIANGLE COWUNICATIONS a Texascor oration
hereinafter called "Licensee".
W ITNESSET H:
ARTICLE I.
1. Term: This agreement shall take effect the date hereof, and unless sooner
terminated as provided herein, shall continue in force so long as used for the purpose
herein set out for a period of five [5 years, or until terminated by either party
giving the other party not less than thirty (30) days' advance notice in writing of an
intention to terminate the same, the agreement to terminate upon the expiration of such
notice, whichever occurs first. Licensee is hereby given a renewal option at a price
and term to be negotiated prior to the expiration of this term. In the event the amount
of renegotiated rental is not agreed to in writing by both parties, prior to the expira-
tion of the term of this license, this license shall automatically terminate without
notice, effective the last day of the expiring term.
2. Consideration and Descri Lion: In consideration of A CHARGE OF ONE THOUSAND FIVE HUNDRED
p
AND NO 1100 _--_ 19500000 DOLLARS,
receipt of which is hereby acknowledged, and of the covenants of Licensee as hereinafter set forth, Licensor hereby grants a license
and permission to Licensee to construct, reconstruct, use, maintain, repair, operate and install one aerial TV
cable
communication line Crossing, situated on, across or along Licensor's property at or near. __,entan , in the County
of Denton and State of Texas For convenience, the said communication line with all towers,
poles, wires, and appurtenances insofar as they relate to said communication line upon said right of way is herein called
"Crossing". The location of said Crossing is more particularly described as follows:
Said aerial TV cable line crosses said Railroad Company's premises at
an angle of 53 degrees 38 minutes, more or less, measured to the left,
Northwesterly, tangent to curve, from the center line of said Railroad
Company's Denton Subdivision main track at Mile Post K--722.2, being main
track valuation chaining station 1894+69, distant 25 feet, more or less,
measured Southerly along the centerline of said main track from the
center line of Mill Street Crossing at main line Chaining Station
1894+93.65, Dot No. 414 676 D. Said line is within the limits of a
public crossing.
ARTICLE H.
Licensee undertakes and agrees:
1. Specifications: All crossings shall be constructed, reconstructed, used, maintained, operated, repaired and installed in
strict accordance with the specifications for the time current of the National Electrical Safety Code —Part 2, "Safety Rules for the
Installation and Maintenance of Electric Supply and Communication Lines", provided that all material and workmanship
employed in the construction, reconstruction, use, maintenance, operation, repair, and installation of the Crossing shall be subject
to the approval of Licensor's Chief Engineer. In any event, however, no Crossing placed hereunder shall at any time carry in excess
of seven hundred fifty (750) volts. If the Crossing is aerial, it shall clear the rails of any track of Licensor at least thirty (30') feet, and
no poles shall be placed nearer than fifteen (I 5') feet to the main track or any side track. The Crossing over any track shall be as
nearly as possible at right angles. If the Crossing is buried, it shall be placed in a conduit where the top of the conduit is at least five
and one-half (51/2') feet beneath base of rail.
2. Present occupants: To make appropriate arrangements with any person or legal entity occupying the premises
affected hereby pursuant to a lease or other permission granted by Licensor, so that Licensee's said Crossing will not
unreasonably interfere with the use of the subject property, or create undue hardship on the person or legal entity occupying the
premises.
3. Liability: Licensor shall not be liable for any damage to said Crossing or the contents thereof, howsoever, such damage
shall be caused, whether by the negligence of Licensor, its agents, employees, or otherwise.
Licensee assumes the risk of, and shall protect, indemnify and hold harmless Licensor from and against all liability for or
on account of injury to or death of any and all persons or damage to property, including livestock killed or injured, resulting from
or incident to the construction, maintenance, use, operation, relocation, reconstruction or existence of said Crossing on Licensor's
premises, or the removal thereof from said premises, or to the restoration of or failure to restore said premises to their prior or
other condition as herein provided, whether such injury, death, or damage shall be caused or contributed to by the negligence of
Licensor, its agents, employees or otherwise, and Licensee will protect, indemnify and hold harmless Licensor and any others
legally using its right of way, from all claims, demands, suits or actions growing out of any such loss, injury ordemands including
investigation costs, court costs, and attorneys' fees resulting or in any manner arising from the risks herein assumed by Licensee.
Licensee further agrees to immediately investigate any such claims, demands or suits and shall defend, settle and/ or otherwise
dispose of the same at its sole cost and expense. In the event Licensee settles any such claims, demands, or suits, it shall obtain a
release which includes Licensor.
Licensee shall not have or make against Licensor any claim or demand for or on account of any damage Licensee may
suffer or sustain because of any failure of Licensoe's title to the right of way and lands occupied by said Crossing or any part
thereof.
4. Waiver: To waive all right to question the validity of this License or any of the terms or provisions hereof, or the right
or power of Licensor to execute or enforce the same.
ARTICLE III.
It is mutually agreed by and between the parties, as follows:
L(a) Repairs and Relocation: Licensee will at all times maintain the Crossing in a safe and secure manner, and in a
condition satisfactory to Licensor. Licensor may request Licensee to change the location of the Crossing, or any part thereof, or to
make reasonable repairs as in the judgement of Licensor shall be deemed necessary to avoid interference with or danger in the use
or operation of Licensor"s railroad, or any of its present or future appurtenances, or telegraph, telephone, signal or other lines on
Lice nsor's right of way, and in the event it is found necessary for Licensor to use its entire right of way, or any portion of it occupied
by the Crossing, Licensee shall at its sole expense, and within thirty (30) days after notice so to do, (or upon shorter notice in case of
emergency), remove said Crossing, or as much of the Crossing as is located upon that portion of the right of way so required by
Licensor.
(b) If Licensee shall fail to perform any of its obligations contained in this agreement to the maintenance of safe
conditions in and about said Grossing or as to the protection of wires from electrical interference on Licensor's property or to make
any necessary repairs, or to relocate said C ro ss ing, then L icenso r may ca use such co ndition to be made safe, o r cha nge o f locat io n
to be made, or repairs to be made, or Crossing to be removed from Licensor's property, Licensor acting as the agent of Licensee,
and may perform such work as is necessary in the judgement of Licensor, and Licensee shall, on demand, promptly reimburse
Licensor the whole cost thereof, plus ten (10%) per cent thereon as a charge for supervision, accounting, and use of tools; or
Licensor may terminate this License by giving to Licensee not less than ten (10) days advance written notice of its intention so to
do.
2. Termination: Licensor may terminate this License upon ten (10) days' written notice if Licensee fails to keep any of
Licensee's covenants herein contained, or if the right of way is required for other purposes by Licensor, and no reimbursement
shall be made for Licensee's expenses incurred in the removal of this crossing or the consideration paid for this License. No
termination or expiration shall affect the rights and liabilities, if any, of the parties hereto then existing.
3. Restoration: Upon the termination of this agreement, whether in accordance with the provisions of Paragraph I of
Article I, or Paragraph 2 or 4 of Article 111, or otherwise, Licensee shall promptly remove said Crossing from Licensor"s right of
way, and restore said right of way to its prior condition, or to a condition satisfactory to Licensor. If Licensee shall fail to remove
said Crossing within thirty (30) days after the termination of this agreement, Licensor may remove the same, and charge the
expense therefor to the Licensee on the basis provided in Paragraph l(b) of Article 111.
_2_
e . 4. Miscellaneous:, (a) This License and all of.the provisions herein contained shall be binding upon the parties hereto,
their heirs, executors, administrators, successors and assigns, and Licensee agrees to supply notice in writing to Licensor 1)f any
n� one changes. Licensee agrees not to assign this License or any interest therein, without the consent of Licensor in writing,Tnd
any
and every such attempted assignment without such prior written consent shall be void and of no effect. In the event of any
assignment, Licensee shall at all times remain fully responsible and liable for the payment of the rental, if any, herein specified and
for the compliance of all of its other obligations under the terms, provisions, and covenants of this License.
In the event rent is paid annually, Licensor expressly reserves the right to increase the above rental rate on any yearly
anniversary date of this license by giving Licensee thirty (30) days' written notice. Licensor may increase the rental by the
percentage that the Consumer Price Index has increased, published by the Department of Labor, since the last rental
increase period, or the last anniversary date hereof.
(c) The personal pronouns used herein as referring to Licensee shall be understood so to refer to Licensee whether
Licensee be a natural person, a partnership, or a corporation, or any combination thereof.
(d) Any notice herein required to be given by Licensor to Licensee shall be deemed properly given if served upon or
delivered. to Licensee or his authorized agent, or if posted on or if mailed, postpaid, addressed to Licensee at his last
known place of business.
e No oral promises, oral agreements, or oral warranties shall be deemed a part of this License, nor shall any alteration,
amendment, supplement, or waiver of any of the provisions of this license be binding upon either party hereto unless the
same be supplemented, altered, changed, or amended by an instrument in writing, signed by Licensor and Licensee.
(f) This License does not become binding upon Licensor until executed by Licensor's vice-president.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written
MISSOURI-KANSAS-T XAS RAILROAD COMPANY
By
Vice -President
GOLDEN TRIANGLE COMMUNICATIONS
By • A�
Title Vice -President
Address: 205 Industrial
Benton, Texas 76201
MISSOURI-KANSAS-TEXAS RAILROAD Co.
COPY FOR RECORDS
APPROVED
• • . . • . • • • • ~�
INATING OFFICER 'r`F
.- R NT. OPERATIONS / DA
- 7. ... . . ........
AL NAG
....... ..... .
s A
CH EN NE .. �'.. ..
AT
T GLL .....Q..
DATE
rEN A NSEL D E
S' . • . •... ..; ....
VIC p
ES. RE & ID DAT
. • . . ■ • . ■ • . . . • • • . . . • ■ ... ...... ... .. . . . ... .
VICE-PRES. RIB; & ID DATE
File: T-95
_3—
MISSOURI w KANSAS = TEXAS RAILROAD COMPANY
ACCOUNTING DEPARTMENT
CONTRACT NO.
AND SUPPLEMENTS
36716
Shady oaks Joint Venture composed of Dale Veenker, Kim Keas
With---- ---------------------- .__..._-.-------_-_-----------------------_---_-_
and Hugh Pruett
------------------------------------------------------------------------
Address _ P. -0. -Box 344148,- Farmers Branch,- TK-75234 --------- ----------
Pipe line license to install one (1) 8" sanitary sewer line
For_ __.____________________________-__-____-____-___-_____-__-__--__-_w__
at MP R-722.84 at Denton, 1K
.-_____-___--_----------------------------_______-_---- ___-__-_-__-_.�__
----------------------------------------------------------------------------
5-1-85 5-1-85 5--1-95 wloption
Dated_ --- Effective-_____- _____-_ Expires_-_____ _
Supplement dated_________________ Effective -------------- Expires -----------
Option (to be exercised on or before ----------- ) extending to ------------------
Expiration Recorded Noted by ---------- Indexed by---------- Date ------------
Date Option must be exercised entered on expiration record by ------------------
Entered on Collection Record by --------- Account No ---------- Date _-_-_-_---_
Collection Record Checked by-_-__-__---__________________-.-----__-_---------
Bills to be Rendered ___ Cons ider_a_t_:LQ_u-------------- $59,5 _ Q__-- ------
Expired Contract No.------------------.--_--------_-______--____---___---___
Notedby ------------------ -----------------------------------------------
Cancelled Effective---------------- Collection Record Noted by ----------------
Expiration Record Xoted Cancelled by ------------------- Date _-_--_-_-----___
Renewal Contract Noe----------------- ____--_-----____-_--------___---_-___
Index Cards:
36716
Shady oaks Joint Venture
Dale Veenker
Kim Keas
Hugh Pruett
Denton- TX
Form 1872-74
( Rev . 6- 8 5 )
Mr.
A.
M.
Albin
Mr.
G.
Be
Bleakney
Mr.
He
o.
Brandt
Mr.
W.
G.
Campbell
Mr.
H.
R.
Cantrell, Jr.
Mr.
M.
We
Compton
Mr.
H.
T.
Dim merman
Mr.
W.
L.
Dorcy
Mr.
D.
D.
Doyle
Mr.
M.
L.
Eudy
Mr.
We
R.
Green
Mr.
H.
M.
Hacker
Mr.
J.
D.
Hemperley
Mr.
P.
E.
Jacquinot
Mr.
M.
L.
Janovec
Mr.
D.
C.
Joseph
Mr,
J.
Ce
LaGrone
Mr,
Le
E.
Lumm
Mr.
J.
F.
Masters
Mr.
W.
L.
Morris
Herewith copy of Contract No.
Supersedes Contract No.
36716
We have received information that Contract No.
has been cancelled effective
Denison, Texas
JAN 2 9 1986
Mr. A. L. o'Mary
Mr. Be D. Phillips
Mrs. J. Be P1ett
Mr. o. C. Putsche
Mr. M. F. Rister
Mr. Ce A. Robertson, Jr.
Mr. C. L. Seidlits
Mr, V. E. Smith
Mr. J. A. Stein
Mr. T. F. Steiniger
Mr. L. C. Sulser
Mr. D. L. Taylor
Mr. T. G. Todd
Mr. R. N. Wagnon
Mr, H. R. Williams
Mr. W. H. Zeidel
Mr, K. R. Ziebarth
Agent
dated 5/1/85
for your information and file.
dated
superseded by Contract No.
Shady oaks j'o int venture composed of Dale Venneker , Kim Keas
With and Hugh Pruett
Covering Pipe line license to install one 8" sanitaKy. sewer line at
MP K-722.84 at Denton TX
P. W. Neidert
Auditor -Disbursements
Copy sent to.
sue■ . ►
COPY
PIPE LINE LICENSE
36716 made
THIS AGREEMENT No.. -
adc thIs_..._.1 ..,��aay of
between the MISSOURI..KANSA S-TEXAS RAILROAD COMPANY, hereinafter called "Licensor", and
SHADY OAKS JOINT VENTURE c om o s ed of DALE VEENKE
KIM KEAS and HUGH PRUETT
hereinafter called "Licensee".
WITNESSETH:
ARTICLE i0
e of f ect the date hereof, and unless sooner termi-
1. Terms: This agreement shall take in
continue in force so long as used for the purpose here
Hated as provided herein, shall p art giving the
period of ten t 10) years, or until terminated by either party g g
set out for a �
3� days' advance notice in writing of an intention to
other party not less than thirty C � y
terminate the ears the agreement notice
e reement to terminate upon the expiration of such term or ,
whichever occurs first.
Licensee is hereby given a renewal option at a price and term to
0 days or less than 30 days prior to the expiration of this
be negotiated no sooner than 1Z y d to in writing by both
term.
In the event the amount of renegotiated rental is not agree S
parties, prior to the expiration of the term of this license, this license shall automati-
cally
terminate without notice, effective the last day t) f the expiring
term.
2. Consideration and Description: In consideration of FIVE HUNDRED NINETY FIVE AND
_ .,.
-_-__..___..______.._- — ___- 5g5,pO
____..____-_on_. 4.-__.._).DOLLARS
N01i0OL
and of the covenants of Licensee as hereinafter set forth, Licensor hereby grants a license
receipt of which �s hereby acknowledged, reconstruct use, maintain, operate, repair and install by bo rin method,
and permission to Licensee to construct.,
one ier i e not exceedin eight_ 8 "} inches in diameter, to be
pipe lines(s} encased in a carr p p
sanity sewer across or
used for carrying Denton and State
Licensor's property at or near Denton 'n the County o£� -
along p P y
Texas nce the said i line is hereinafter referred to as "Crossing". The location of said
o For convenience, pipe
Crossing is more particularly described as follows:
Said eight (8" ) sanitary sewer pipe line
crosses said Railroad Company's premises
at an angle of 90 degrees, 0() minutes, more
or 1 es s , measured from the centerline of said
Railroad Company's Denton Subdivision main
track at Mile Post K-722.849 being main
track valuation chaining station 1860 plus
52, distant 37 feet, more or less, measured
southeasterly along the centerline of said
main track from the centerline of Shady Oaks
Drive (D.O.T. No. 414 678 S) „ Said pipe line
is not within the limits of i3 public crossing.
Licensee undertakes and agrees:
1. Specifications: To install said Crossing according to the specifications of the American Railway Engineering
Association Part 5 Pipelines. The Crossing shall be laid and maintained at the sole cost of Licensee, and in a manner and with
material satisfactoryto Licensor's Chief Engineer, with its top at least five and one-half (51fx1 feet beneath the base of the rail under
the track, andat least five and one —ha 1 f 5 1 / feet b e 1 ow the surface of the ground
t-3
elsewhere., so it will not interfere with the safe operation of said railroad or cause
damage to Licensor's property. Said pipe line shall be encased in a larger pipe where it
passes under any railroad track, and for at least twenty-five (25') feet on each side of
the center line of any such track.
?. Present occupants: To make appropriate arrangements with any person or legal entity occupying the premises
affected hereby pursuant to a lease or other permission granted by L}censor, so that Licensee's said Crossing will not unreasonably
interfere with the use of the subject property, or create undue hardship on the person or legal entity occupying the premises.
3. Liability: Licensor shall not be liable for any damage to said Crossing or the contents thereof, howsoever such damage
shall be caused, whether by the negligence of Licensor, its agents, employees, or otherwise.
Licensee assumes the risk of, and shall protect, indemnify and hold harmless Licensor from and against all liability for or
on account of injury to or death of any and all persons or damage to property, including livestock killed or injured, resulting from
or incident to the construction, maintenance, use, operation, relocation, reconstruction or existence of said Crossing on Licensor's
premises, or the removal thereof from said premises, or to the restoration of or failure to restore said premises to their prior or
other condition as herein provided, whether such injury, death or damage shall be caused or contributed to by the negligence of
Licensor, its agents, employees or otherwise, and Licensee will protect, indemnify and hold harmless Licensor and any others
legally using its right of way, from all claims, demands, suits or actions growing out of any such loss, injury or demands, including
investigation costs, court costs, and attorneys' fees resulting or to any manner arising from the risks herein assumed by Licensee.
Licensee further agrees to immediately investigate any such claims, demands, or suits and shall defend, settle, and/or otherwise
dispose of the same at its sole cost and expense. In the event Licensee settles any such claims, demands, or suits, it shall obtain a
release which includes Licensor.
Licensee shall not have or make against Licensor any claim or demand for or on account of any damage Licensee may
suffer or sustain because of any failure of Licensor's title to the right of way and lands occupied by said Crossing or any part
thereof.
4. Wah-er: To waive all right to question the validity of this License or any of the terms or provisions hereof, or the right
or power of Licensor to execute and enforce the same. r
ARTICLE 1110
It is mutually agreed by and between the parties, as follows:
L(a) Repairs and Relocation: Licensee will at all times maintain the Crossing in a safe and secure manner, and in a
condition satisfactory to Licensor. Licensor may request Licensee to change the location of the Crossing, orany part thereof, or to
make reasonable repairs as in the judgement of Licensor shall be deemed necessary to avoid interference with or danger in the use
or operation of Licensor's railroad, or any of its present or future appurtenances, or telegraph, telephone, signal or other lines on
Licensor's right of way, and in the event it is found necessary for Licensor to use its entire right of way, or any portion of it occupied
by the Crossing, Licensee shall at its sole expense, and within thirty (30) days after notice so to do, for upon shorter notice in case of
emergency), remove said Crossing, or as much of the Crossing as is located upon that portion of the right of way so required b.
Licensor.
(b) If Licensee shall fail to perform any of its obligations contained in this agreement to the maintenance of safe
conditions in and about said Crossing or as to the protection of wires from electrical interference on Licensor"s property or to make
any necessary repairs, or to relocate said Crossing, then Licensor may cause such condition to be made safe, or change of location
to be made, or repairs to be made, or Crossing to be removed from Licensor"s property, Licensor acting as the agent of Licensee,
and may perform such work as is necessary in the judgement of Licensor, and Licensee shall, on demand, promptly reimburse
Licensor the whole cost thereof, plus ten 41017(.) per cent thereon as a charge for supervision, accounting. and use of tools. or
Licensor may terminate this License by giving to Licensee not less than ten (10) days advance written notice of its intention so to
do.
2. Termination: Licensor matt, terminate this License upon ten 00) days' written notice if Licensee fails to keep any of
Licensee's covenants herein contained, or if the right of way is required for other purposes by Licensor, and no reimbursement
shall be made for Licensee's expenses incurred in the removal of this crossing or the consideration paid for this License. No
termination or expiration shall affect the rights and liabilities, if any, of the parties hereto then existing.
3. Restoration: Upon the termination of this agreement, whether in accordance with the provisions of Paragraph l of
Article 1, or Paragraph 2 or 4 of Article 1I1, or otherwise. Licensee shall promptly remove said Crossing from Licensor's right of
way. and restore said right of way to its prior condition, or to a condition satisfactory to Licensor. If Licensee shall fail to remove
said Crossing within thirty (30) days after the termination of this agreement. Licensor may remove the same, and charge the
expense therefor to the Licensee on the basis provided in Paragraph 1(b) of Article 111.
IM
4. Miscellaneous: (a) This License and all of the, provisions herein contained shall be binding upon the parties hereto,
their heirs executors, administrators, successors and assigns, and Licensee agrees to supply notice in writing to Licenso -)f any
nanle changes. Licensee agrees not to assign this License or any interest therein, without the consent of Licensor in writing, and any
and every such attempted assignment without such prior written consent shall be void and of no effect. In the event of any
assignment, Licensee shall at all times remain fully responsible and liable for the payment of the rental, if any, herein specified and
for the compliance of all of its other obligations under the terms, provisions, and covenants of this License.
(b) In the event rent is paid annually, Licensor expressly reserves the right to increase the above rental rate on any yearly
anniversary date of this license by giving Licensee thirty (30) days' written notice. Licensor may increase the rental by the
percentage that the Consumer Price Index has increased, published by the Department of Labor, since the last rental
increase period, or the last anniversary date hereof.
(c) The personal pronouns used herein as referring to Licensee shall be understood so to refer to Licensee whether
Licensee be a natural person, a partnership, or a corporation, or any combination thereof.
(d) Any notice herein required to be given by Licensor to Licensee shall be deemed properly given if served upon or
delivered to Licensee or his authorized agent, or if posted on or if mailed, postpaid, addressed to Licensee at his last
known place of business.
(e) No oral promises, oral agreements, or oral warranties shall be deemed a part of this License, nor shall any alteration,
amendment, supplement, or waiver of any of the provisions of this license be binding upon either party hereto unless the
same be supplemented, altered, changed, or amended by an instrument in writing, signed by Licensor and Licensee.
(f) This License does not become binding upon Licensor until executed by Licensor's vice-president.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written.
MISSOURI-KANSAS-TEXAS RAILROAD COMPANY
By '
Vice -President
SHADY OAKS JOINT RE, composed of
DALE VEENKER, KIM KEAS , and HUGH PRUETT
By
By
By
Address : P. 0, Box 344148
Farmers Branch, Texas 75234
File: T-1bo5
-3-
MISSCURI��.A.i4.��' �.:-rj,`F'r.f-.41 '_� �LI1.►1�(��:D l.rV.
APPROVED
10ER
G 'AI. 1\1 IN I G_ E DATE
■ �■ • • a • r • • • ■ ■ r
A. V• • ■ . • • . ■ ■ • ■ ■ • ■ • • ■ •err '• .-1'L0 -
24.
i
COMET DAXE
r, GENERAL COUNSEL `DA.TE, �
VICE-PRES. PROP. MGMT. DATE
• • a • r ■ r ■ • ■ • a ■ a ■ • ■ ■ • ■ ■ ■ ■ ■ • ■ ■ ••• • ■ e • • • ■ • a ■
VICE-FRES. RE ID_ DATE
Missouri - Karssass -Texas Railroad Company of Texas
ACCOUNTING DEPARTMENT
`N CONTRACT Nom R-572
AND SUPPLEMENTS
With--------- Denton_Wtr-_&_Light---------- _................................................ ...........
Address......................................--------.----.......................................................................................
To _ naintain,� install-_ a __w?e�ter__m�ir�'_ nder- track _ at Denton, _-7exas
For .......................................
.r !..9,:--19.V --..Effective.-------------------------------Expires_-.------------------------..-------------------
Supplement dated ................................ Effective -------- -....... ------ xplres---
Option (to be exercised on or before ....................) extending to ----------------- ----..--.-------------------
Expiration Record Noted by ..................... ..---..Indexed by ............ ............ Date ....................
Date Option must be exercised entered on expiration record by -----------------------------------------
Entered on Collection Record by ................
-------.Account No* ...................... Date.-----------------_.
CollectionRecord Checked by.............................................................. _.............. ---1--------------------
Billsto be Rendered ------------------------------------------------------------------- _...... $--1.00-----------------------------
ExpiredContract o.......... .................................. --- ---------- --....................................................
Notedby--------------------------------------------------------------------.------------------------------------------- ------
...........Collection Record Noted by---------------------
Cancelled Effective ........................................ ---------
Expiration Record Noted Cancelled by ....... -------------------------------- Date ................. ..___-.___.__-_.---
RenewalContract No* .................................................................................. -..................... -..........
Index Cards:
Denton dater & Li. gb t Co •
Denton, Texas
B-572
� V 1"z 1r• • '—'
DAY OF
TH I S THE — ___.—�`--_ww�ww.
THIS CONTRACT,
MADE AND ENTERED I NTO ._ �---
AND BETWEEN C. E. SCHAFF, As' RECEIVER
OF THE �I115SU U Ill, KAN SAS AND TEXAS
19. .� _.... a B Y
RAILWAY OF TEXAS, HERE I NAFTER
CALLED THE "LICENSOR, il AND ---w_..._ _......-.—_r....w_.�_a�w w.rrw-••e_ww— .
.,....ww+rrrrwrwrr•--O"'rr.rai+--w•.� r•rwwrw�•wwwrra�+r-wwwa.•rwswwwwww-w--""
_•.r .�r.wr w.r ter. r..rr wrr rr w•+•+—..^ar^--�w_rr ++
rr rr _ wr wr rw � ••rs .r — + — _ r� rr .r w �+ �• rr ...r. �. rr +• — — •r •rr �..+_ w r. _ rr .• �•• w _ .r, _ •••• rr ••� ""F •w •rr ar _ w..� i..• — _ _ ..n rr w — rrr .+ wt r•ir
HEREINAFTER CALLED TH
"L I ivSEE-w= :44 W I TNESSETH;
THAT THE LICENSOR, FOR AND
I iy - .CONS I DERAT I DN OF
-THE SUM aF,.•.w.,.�....� �_.,.w—__wrrw_.,._....,�._�,.._........w...w
DOLLARS THE RECEIPT OF WHICH l5 HEREBY ACKNOWLEDGED DOES HERESY GRANT TO THE
LICENSEE--: AN EASEMENT FO
R AND PERMISSION TO LAY, MAINTAIN ANDOPERATE .... .........
-..••.„--_--------- —-----w—r•r------_w-------w------_---w----_r ----., ---w
ACROSS AND UNDER THE RIGHT—OF-WAY
-INAY AND TRACKS OF THE LICENSOR, AT A POINT.__--..._....,.�..»—�.....,...,,,..�
— �•wwr•—wwrr.�...-r.- —wwwn�wr—rr rsw—ww—•�w.•�rr�w—w�—w—_"'—r..----�..�r—w. �.w_^w�rw ww—ass--w—wr�..�
UNDER THE FOLLOWING TERMS AND CONDITIONS;_"
CONSIDERATION OF SAID LICENSE AND EASEMENT HEREBY GRANTO'
THE LICENSEE!N CON IN
........
N SOLE COST AND EXPENSE TO LAY AND MAINTAIN SAID..
ED , AGREF�____AT '� `,�.__OVIIAND SUBJECT TO THE APPROVAL OF 'THE
G I NEER OF THE LICENSOR, EN
GOOD ORDER AND CONDITION, AND UNDER THE SUPERVISION A
NOT THAT THE SAME SHALL OT IN ANY WAY IMPAIR OR INTERFERE WITH THE
R E OP "
TRACKS OF THE LICENSOR AS NOW OR HE
REAFTER LAID, OR INTERFERE WITH OR PREVENT THE SAFE
ERATION
OF THE RAILWAY AND TRAINS OF THE L ! CENSORw.�.__.___...�rwwww,�..�.�w__w_..,..w.,.ww�_,..w...,..,_...�,..w
.�w_.r_r__.•....,-_w-rt--�•..._._..,.w.�.r..w�...wr-•........rw.....,.w.......... +�rw... Yw.r,..... rw
.r' _ t �� w Ww Wi F w .i•++ Y MOM — —0 MW Mr "W "M rl doM r� r /1•a 1R i� �r � �1s W r� ��u it � w � •� — � .
_—.—M,..w--rr—+rr-------wr�.+r•—rr—�r�rwr•--rr----www—wwwa•�wwwwrw_wrn—w_ww•—rrwrwwwrr.M.ww—wr�w+rrwwr/�
_�r•r—rs rw_
.^aww�wwwu•ewwwww�wrarwa�a��w�'wwrrww�rwww-+�-wu�+r��•rrs�tirr•r�awwwr�ww�-wraw�emu won am www_ww'��MN�+w �
SHALi� BE LA I D AT A DEPTH OF AT LEAST..........
N THE FIRST INSTANCE , THE _.��---_.�...,_
� THE SURFACE OF THE RIGHT-OF-WAY OF THE LICENSOR AND
FEET BELOW
_•.,.,.. .•.�_-- `----------- FEET BELOW THE BOTTOM OF
AT A DEPTH OF AT LEAST ---------- ------------
TIES UNDER THE LICENSOR S TRACK; IT IS MUTUALLY AGREED AND UNDERSTOOD THAT THE iCENSEE
SHALL MAKE SUCH CHANGES
IN THE LOCATION THEREOF AS WELL AS SUCH REPAIRS FROM TIME
OPINION OF THE ENGINEER OF THE LICENSOR, BE NECESSARY TO AVOID I "
TO TIME., A$ MAY, IN THE
TERFERENCE WITH, OR DANGER IN THE USE OR OPERATION OF THE RAILROAD IN HIS POSSESSION OR ANY
PURTENANCES, BUT THE FAILURE OF THE SAID ENGINEER TO
OF ITS PRESENT OR FUTURE FIXTURES OR AP SHALL NOT RELIEVE THE LICENSEE__,_,.___
FROM �'�,�
!NOTIFY THE LICENSEE_— TO MAKE ANY SUCH REPAIRS
OBLIGATIONS TO KEEP THE SAME IN SAFE CONDITION
—_w
c__ Tio_AIWY
THE LICENSEE ------__HEREBY
...�aT�""IE....AaFr-, .
L -�1n .
-, :.�E '�
O
W
PLOYEES
WILL AND ❑O __-� HEREBY ASSUME ALL RISK OF LOSS OR INJURY TO THE
THAT_,,,W I ._
AND CONTENTS BY FIRE, WHICH MAY BE COMMUNICATE❑
----------
EMPLOYEES OF THE L. I CENSQR , AND THE
tH�Eh�� TO'' BY `SHE ENG ! NES AND TRAINS OR EMP HARMLESS THE L I CENSQR FRQIVI AND
TO INDEMNIFY, SAVE AND HOLD HAR
FURi;HPR HERESY AGREE�,��______ p EXPENSES,IN ANY MANNER RESULTING FROM
`j' ALL CL.A I MS , SV I TS , DAMAGES, AND ALL COSTS AN
p(�A I NS► k 5 IIIrEi,,.l� AS ANY DAMAGES OR LOSSES WHICH MAY
OR AR I S I.t4G OUT OF ANY SUCH LOSSES OR DAMAGES, A RESULTING FROM OR AR l 5 I NG -OUT
I N ANY MANNER,
SUSTAINED BY THE LICENSOR OR BY THIRD PARTIES, F SAID
.OF THE LAYING j MAINTAINING,
REPAIR, REMOVAL, USE DR EX I STENCE O __._._.., . ,..... .. __.....•_-.-._
ITHFULLY PERFORM THIS CONTRACT OR ANY OF THE
F THE L 1 CENSEE,,,___..._ _FA I L_„'�...�TO FA LICENSOR MAY.
TO BE �4EPT AN❑ PERFORMED , THEM THE L 1
ANTS HEREIN N CONTA I NE❑ BY__� _�_.-.- D EASEMENT HEREBY GRAN'
COVEN CANCEL THE LICENSE AN
ON THIRTY DAYS NOTICE TO THE LICENSEE_____+ FROM THE
SO, AND THE LICENSEE__---
SHALL FORTHWITH TAKE UP AND REMOVE SAID-,.. _.��___
SAME IN THE CONDITION THEY WERE, BUT SUCH CANCELLA
PREMISES OF THE L, I CEhISQR , LEAVING THE �....�FROM ANY LIABILITIES
TION OF THIS CONTRA
CT SHALL NOT IN ANY WAY RELEASE THE LICENSEE _.._....
TO THE LICENSOR THEN INCURRED.
N THE FURTHER EMPRESS CONDITION THAT 7WE
THIS LICENSE AND EASEMENT IS GIVEN. UPO T CENSOR WHETHER THERE BE
SHALL BE, REVOCABLE AT THE WILL OF THE LICE ,
SAME I-S � pr?VC� AT ALL T 1 ME..3 AND WHENEVER THE Li -
ANY
D.EFAULT OR
NOT I tr! i `�S FA I THFuL pERFt�Rh�ANCE. BY THE L I CEIVSEE__.�._.�.-
N v�RITING, NOTIFY THE LICENSEE OF ITS REVOCATION
CENSOR. SH,AL.L , BY THIRTY DAYS NOTICE I OF SAID NOTICE HALL CEASE
I LICENSE AND EASEMENT UPON THE EXPIRATION
AND CANCELLATION, Asp -
THIS S LD_
AND DETERM#NE AND THE LICENSEE ,.,_-_�,_.�SHALL. THEREUPON TAKE UP AND REMOVE SA I
FROM THEPREMISES OF THE LICENSOR LEAVING THE SAME IN THE CONDITION THEY WERE, BUT SUCH RE
A vc NOT I N ANY WAY RELEASE THE
VOCATION I ON AND CANCELLATION ON OF THIS S LICENSE CENSE AND EASEMENT SHALL
FROM ANY LIABILITIES TO THE LICENSOR THEN INCURRED.
LICENSE ACTS ONLY AS RECEIVER OF THE SAID THE
THE LICENSOR ! IV GRANTING THIS L I GE UPON THE TERMINATION OF
A.NSAS & TEYAS RAILWAY OF TEXAS, AND NOT OTHERWISE, AND
M1�5OURI � ANYTHING HEREIN
SAID RECEIVERSHIP
TH#'S LICENSE SHALL IPSO FACTO TERMINATE, WITHOUT NOTICE,
TO THE CONTRARY NOTWITHSTANDING.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT IN DUPLICATE
THE DAY AND YEAR FIRST ABOVE WRITTEN.
RECEIVER OF
O U RL KAN SAS AND TEXAS RAILWAY OF TEXAS.
1 H� �115 (L I CENSOR . )
By
^�rwwww
° �l11$S $a in ""
son =0 am wM j. is= �m a wk r mmb do& � Am wla mil. � Won � w. 1odw i � P� am � r W�r moo rr rr fo r.dam Mleft
(L I ENSEEOMW w ,=W.,
WITNESS AS TO LICENSEE ......
N.B.-THIS CONTRACT MUST
BE EXECUTED IN. OUPL.. I LATE . WHERE THE L. I CENSEE l S A COR-
PORATION
ITS FULL NA
ME MUST BE WRITTEN ON THE SL.ANK LINE OVER THE WORD "LICENSEE" AND
IMMEDIAT LEY THEREUNDER THE OFFICER SIGNING IT MUST WRITE HIS NAME AND OFFICIAL POSITION-
"PRES I DENT r It
'GENERAL MANAGER % "
ACCOUNTING DEPARTMENT
CONTRACT NO.122.3�
With ----------- Lone ... Star ..GAS ... qQ]Apauy---------------------------------------------------------------------.._.....
Address-------------- A1.: A -s...T9XS------------.-----.-------------_.--------------.-----------------------------------------
For --------- PiPe--.].�.ne... rossing...._.. .... ?U --- fit ... enton.:.... -----------------
---------------------------------------------------------------------------------------------------------------------------------------------------------
Dated---- .. ..' -Q ----- -- Effective-----1-n2-7-!!. - ___.Egp res-.-._...jadv -..-------------------- ...........................
Supplement dated -------------------- -........... Effective ------------ _---------- Expires ---------------------------------------
Option (to be exercised on or before -------------------- ) extending to ----------------------------------------
Expiration Record Noted by -------------------------------- Indexed by -------------------- Date ------------------_.
Date Option must be exercised entered on expiration record by --------------------------------------
Entered on Collection Record by......................Account No. -------------------- Date -------------_--
CollectionRecord Checked by...................................................................................................
Bills to be Rendered---------------------------------------- -------- ------------------------------ $...................................
.
BAPIFE[ UQntrarit 1 1 Q11111111111111111111111111111111111111111111111111i11111111111111fllillIIIIIII$Ili1111i1111FIJII.---r--r- -
Notedby----------------------------------------------------------------------------------------------------------------------------------------
Cancelled Effective........................................Collection Record Noted by ------------------------------
Expiration Record Noted Cancelled by........................................Date..................................
RenewalContract No. ....................... .......... ................. .-.............................................................
Index Cards: Al Ahab e t i cal.
Numerical
Location
Classification
ill Post
3M-12.49
Mr. D. v. Fraser
Mr, H. M. Warden
Mr. K. H. Hanger
Mr. E. D. Winslow
Mr, J. H. Little
Mr. P, o. Ellis
Mr, T . He Evans
Mr. H. Krattiger
Mr. J. F. Hennessey, Jr.
Mr. Harvey Allen
Mr. F. B. Griffin
Mr. H. Gifford Till
Mr. Clyde West
Mr. R. R. Wood
Form F--1874
Dallas, Texas -----------------------------.---��-------------- 19--�-'�----
D-65--5
Mr. J. T. Mahaney
Mr, J. T. Stephenson
Mr. S.A. Hayden
Mr. F. N. Gilbough, Jr.
Mr. W. S. Iden
Mr. C: E. Reasoner
Mr. G. D. veitch
Mr. F. H. Schaller
Mr. C. A. Birge, Jr.
Mr. C. W. Campbell
Mr. C. J. Werlla
----------~•.................... w-------------
Agentat ---------------r.___--.-----
Herewith copy of Contract 11//8 No..--- ---------------------------------- Dated --------------------------------------
with................................ w...w.rrr..w.rr�... r......... WON ...... rr�......._.._.w.w.___r......_......._........__r-....... 0
SW 72a
Covering ------�� --------------------------------------------
-----------------------------------------------------------------------------------------------------
( Supersedes Contract Lease No , for your information and file
Yours very truly,
J. T. Williams
Auditor
awt I VMS OASIN"M
Copy sent to:
2M-9-49 Form 179
■ a 0
ipe ine icense
AG, bia & this day � . D. Y between
of. �_ r �
W er called "Licensor," and
SSA �-KANSAS-ATE AS OAD COMPANY ereinaf t ,
addressTA
_ .,,_,.,____..�.-.Mate of
hereinafter called " "censee."
M NOW
1. In consideration of the payment in advance of Dollars
receipt of which is hereby acknowledged, and of the covenants of Licensee hereinafter set forth, Li-
censor hereby grants to Licensee, for the period and under the conditions below stated, the right to
construct, m ,and operate pipe line., hereinafter called the "Crossing," not ex.,
. � r r on
ceedin inches in diameter to be used. for carrying c ass o along
right o other grounds constituting a part of Licensor's railroad at or near the Station of
the County of, .-,_.,-I and State of
TOW10" _�
14ft orthw*��1 ".M the a eir of
rOW 9* 11*bM OtAsion saln MWtMakat
4MIAUm statim 305 * 08 OdAML IM fW*
*"a" SOVth"qbOr4 ^340the IN i or Une of eadd
wit f OM UP W. at WWAM, lMtt nOWIt* 1f#M&*
If said pipe line is to be used for carrying casinghead gasoline or other inflammable or explosive
commodities, it shall be encased in a larger pipe where it passes under any railroad track and for at
least ten (10) feet on each side of the center line of any such track.
2. The crossing shall be laid and maintained at the sole cost of Licensee in a manner and with
material satisfactory to Licensor's Chief Engineer, with its top at least four (4) feet below the bottom
of the ties under the track, and at least two (2) feet below the surface of the ground elsewhere, so it
will not interfere with the safe operation of said railroad or cause damage to said , Licensor's premises.
If Licensee shall fail to make necessary repairs to said crossing within thirty (30) days after no-
tice from Licensor so to do, Licensor may make such repairs as the agent and at the cost and risk of
Licensee, and Licensee shall, upon demand, reimburse to Licensor all such cost with ten per cent
(10%o) thereon as a charge for supervision, accounting and use of tools. But failure of Licensor to
make such repairs shall not release Licensee from liability for injury or damage resulting therefrom.
3. If the presence or maintenance of said crossing on Licensor's premises as herein authorized
shall at any time, in the judgment of Licensor, interfere with any use Licensor may desire to make of
said premises, or with the safe or convenient operation of its business, or if Licensee shallfail. to ken"
any of Licensee's covenants herein, Licensor may, cancel and terminate this contract o giving to Li-
eensee not less than. tens (10) day's advance written notice of its desire and intention so to do.
4, Upou. the termination of this agreement, whether in ecordance with the provisions of Para-
graph 3 or of Paragraph 6 hereof, or otherwise, Licensee shall removes said Crossin from Licensoe's
prembes, and restore said remises to their prior condition or to a condition satisfactory to Licens.,
or's Chief Engineer, and if icensee shall fail to remove said Crassin within thirty (30) days after
the termination of this agreement, Licensor ma remove the same an restore said premises herein
provided as the agent and at the expense and risi of Licensee, and Licensee shall reimburse to Licen-
sor all said expense, inlus ten per cent (10 %) thereof as a charge for supervision, accounting and use
of tools, within ten (10) days after demand therefor.
5. Licensor shall not be liable for any damage to said Crossing or the contents thereof, howsoever
such damage shall. be caused, whether by the negligence of Licensor, its agents, servants, or employes,
or otherwise.
Licensee assumes the risk of, and shall protect, indemnify and save harmless Licensor from and
against all fiebWty f or or on account of, i.n j ury to or death of persons or damage to property, includ-
ing live stock killed or injured, resulting from or incident to the construction, maintenance, use, opeiy
ation or existence of, said Crossing on Licensor's premises, or the removal thereof from said premi-
ses, or to the r of or failure to restore. said premises to their rior or ..oth" conditio
herein provided such injury,-! -death ury,• death or dame a shall be ,caused. by neg-
ligence of Licensor, its servants or employe,*
Licensee shall not have or make against Licensor any clamm or demand for or on account of any
damage Licensee may suffer or sustaiji bemuse of apy fai uWrp.. of Lic or's title to the right of way
and lands occupied by said Crossing or any part thereof. T
6. This agreement shall` bind and inure to the benefit of the arties hereto, their successors and
assigns, or heirs, executors and administrators, but Licensees not assign the same without the
written consent of Licensor.
This agreement shall take effect the day of
and unless terminated as above provided, shall continue in force for- am YOM - - and thereafter
until terminated by one of the parties giving to the other not less than thirty (30) days' advance no.
tice in writing of an intention to terminate the same, the agreement to terminate upon the expiration
of such notice.
In TESTIMONY w OF, witness our hands, this the day, and year first above written.
Attest:
Vf o do VILIL gym" ��retary
AV
MISSOURI-KANSAS-TEXAS RAOAD COMPANY
(Licensor)
By
L M
rasAdvr*
�. � ��' - :'`�+ 5�� � �t ;� p �: • •� _. gay.
(Licensee)
By
Its
Address
.A � i
ssovTi-Kansas-tezm R.R. Co. of Ten,-,
D ACCOUNTING DEPARTMENT
CONTRACT No. 11,301
AND SUPPLEMENTS
With------ Lome -_ Star ..G-aw---G-Qxp- 3--------------------------------------------------------------------------- ---.
Address---- Deliton,,.--` eX8.5............ -........................................................................................
For-TW.Q--- Z...... --- 7-21-0-7-7.-T!D6-Mt= -----------•.
Dated._ 1V2g1.5�........ Effective .................................. Expires -----------------------------------------------
Supplement dated ------- -........................ Effective -------------- --------- Expires ----------------------- --------------
option (to be exercised on or before ....................) extending to---... ..................................
Expiration Record Noted by ................................ Indexed by .................... Date ....................
Date option must be exercised entered on expiration record by ......................................
Entered on Collection Record by......................Account No,-_. ................. Date ....................
CollectionRecord Checked by ------------ ......................... ........._------------------..__.-----------------------------
Billsto be Rendered_-- --------- --- ---------------_--------------- .......... -............... _$------------------------------------
ExpiredContract No. ------------------------------- .----------------- -------------------------------------------=----------_.---------
Notedby----------------------------------------------------...W..........-------------- .------------- -.-------------------- ------
Cancelled Effective_______________ ------._._.......Collection Record Doted by ---------------- -.............
Expiration Record Noted Cancelled by..._ ............. .------- ___ .........Date--- ...............................
Renewal Contract No ------ -------------- ------------ --------- .------------------------- .-----------------------------
-- ----
Index Cards:
Name
N umb e r
Location
Classification
5M-10-53
Form T-1874
Mr. D. V. Fraser;
Mr, H. M, Warden
Mr, K, H, Hanger
Mr, T. S, Masterson
Mr, L, M. Stuart
Mr. P. 0. Ellis
Mr. T. H. Evans
Mr. R. 0, Johnson
Mr. J. F. Hennessey, Jr.
Mr. R, T. DuBose
Mr. F. B. Griffin
Mr, H. Gifford Till
Mr. Clyde West
Dallas Texas ...h.T.M.��--�� ------------------------ r__r_0 1 Y.w0-
D-65-5
Mr.
R.
R.
Wood
Mr.
J.
T,
Stephenson
Mr.
S.
A,
Hayden
Mr,
Felix
Honnoll
Mr.
W.
S.
Iden
Mr,
T.
W.
Greenawalt
Mr.
V,
N.
Moyer
Mr.
F.
H.
Schaller
Mr.
C,
A.
Birge, Jr.
Mr.
C.
W.
Campbell
Mr.
C,
J.
Werlla
Agentat ............................
Herewith copy of Contract No. .-Ah
........... ----------- Dated.___._-_ -___ w - On_ -----------------------------------
with----- ----- ... --------- --- -------------------------------------------------------------------------------------------------------------
to 1
Covering.'-"'-'---....��.. .- '--'_11M.-'-.:...""-"-'- '_"'-��... �:i.�--'-'....'........................"--"--'--"'--"'-'--"'
(Supersedes Contract Lease No.....-. ...... 0.0 ...................... ft -------------) for your information and file
Yours very truly,
J. T. Williams,
Auditor
Copy sent to: %IIX)# E"T# 14-014
5M--5-53
Form 179
Pi1.0
pe Line License dpt
. between
AGM , made this day of . D. 19 �....� betty
MIS S()_W S.,TEXX. AS TINTLROAD COMPANY ereinafter cared Licensor," and
-address
- �State of
ereinaf ter called "Licensee."
WAD
1. In consideration of the payment in advance of -Dollars ($. -
receipt of which is hereby acknowledged, and of the covenants of Licensee hereinafter set forth, Li-
censor hereby grants to Licensee, f o"the period and under the conditions below stated, the right to
0
construct, maintain, and operate —pi
pe line—, a hereinafter called the "Crossing," not ex-
• � R • � cross or aloe
ceedin nches in diameter to be used for carrying g
the right of wayor other grounds constituting apart of Licensor's railroad at or near the Station of
..� - WNU —in the County of and State of
4nrriaIoa �s* At W.* Flo" P Ora 04e0 147 per A4V 401"
�ri'� It �t� d � a�ae� +c"�& - UM or s� ads f late
cc.UM ��Er1� �,� *t +d* at feat WPM"W"Wals . , Moo 37 WA IN 11*0 *0
c� b�v» dam i a roiNoe' a pniAaas at so 0SWU or.MAP"` 1W". .40 W=Wt* go^ PM* SOMLOTT Or "W"WW
�w
4W U-MO "VOWNW4 Unpub to
#0) tau*-
W
»�rit�+rr�j.► � + v� � of �i ]:Go 1�*. � #ft � ]3an�►
SUMt At NOtAfto Lin CM1W19 �� �a�ld s L�,�d s�,�► a s
t"k* Ift so*'"*
If said pipe line is to be used for carrying casinghead gasoline or other inflammable or explosive
commodities, it shall be encased in a larger pipe where it passes under any railroad track and for at
least ten (10) feet on each side of the center line of any such track.
2. The crossing shall be laid and maintained at the sole � cost of Licensee in a manner and with
material satisfactory to Licensor's Chief Engineer, with its top at least four (4) feet below the bottom
of the ties under the track, and at least two (2) feet below the surface of the ground, elsewhere, so it
will not interfere with the safe operation of said railroad or cause damage to said Licensor's premises.
If Licensee shall fail to make necessary repairs to said crossing within thirty (30) days after no.
tice from Licensor so to do, Licensor may make such repairs asp the agent and at the cast and risk of
Licensee, and Licensee shall, upon demand, reimburse to Licensor all such cost with ten per cent
0.
(10%) thereon as a charge for supervision, accounting and use of tools. But failure of Licensor to
make such repairs shall not release Licensee from liafiffity for injury or damage resulting therefrom.
3. If the presence or maintenance of said crossing on Licensoe's premises as herein authorized
shall at any time, in the judgment of Licensor, interfere with any use Licensor may desire to make of
said premises, or with the safe or convenient operation of its business, or if Licensee shall fail to keep
any of Licensee's covenants herein, Licensor may cancel and terminate this contract on giving to Li-
censee not less than ten (10) day's advance written notice of its desire and intention so to do.
4. Upon they termination of this agreement, whether in accordance with the provisions of Para-
graph 3 or of Paragraph 6 hereof, or otherwise, Licensee shall remove said grossing from Licensoe's
premises, and restore said premises to their prior condition or to a condition satisfactory to Licens.,
or's Chief Engineer, and if Licensee shall fail to remove said grossing within thirty (30) days after
the termination of this agreement, Licensor ma remove the same and restore said premises as herein
provided as the agent and at the expense and risi of Licensee, and Licensee shall reimburse to Licen-
sor all said expense, usZys
n per cent (10 %a) thereof as a charge for supervision, accounting and use
of tools, within ten (A)
after demand therefor.
5. Licensor shall not be liable for any damage to said Crossing or the contents thereof, howsoever
such damage shall be caused, whether by the negligence of Licensor, its agents, servants, or employes,
or otherwise.
Licensee assumes the risk of, and shall protect, indemnify and save harmless Licensor from and
against all liability for or on account of, injury to or death of persons or damage to property, includ-
ing live stock killed or injured, resulting from or incident to the construction, maintenance, use, oiler.
ation or existence of, said Crossing on Licenser's premises, or the removal thereof from said premi-
ses, or to the restoration of or failure to restore said premises to their prior or other condition as
herein provided, whether such injury, death or damage shall be caused or contributed to by the neg-
ligence of Licensor, its agents, servants or employes, or otherwise.
Licensee shall not have or make against Licensor any claim or demand for or on account of any
damage Licensee may suffer or sustain because of any failure of Licensor's title to the right of way
and lands occupied by said Crossing or any part thereof.
6. This agreement shall bind and inure to the benefit of the artier hereto, their successors and
assigns, or heirs, executors and administrators, but Licensee sh not assign the same without the
written consent of Licensor.
This agreement shall take effect the _^ --- 2ft&day of 3" , 19
quad unlessterminated as above provided, shall continue in force for, _. a and thereafter
until terminated by one of the parties giving to the other not less than thirty 06Y days advance no-
tice in writing of an intention to terminate the same, the agreement to terminate upon the expiration
of such notice.
a
In TESTIMONY w OF, witness our hands, this the day, and year first above written.
Attest:
MISSOURI-IiA.NSAS-TEXAS RAILROAD COMPANY, o' -,l ,.
(Licensor)
By
I
icensee
i
By— oo;� Zoe
Its
CW
Address
qZAo
LTJ
1>souri-Kansasdezas R.R. Co. ot Texa,\
ACCOUNTING DEPARTMENT
CONTRACT NO.
15156
With-- _ Q0.WA. W............................................................................................
Address...... -------------,...�E��----...---....--------------.------------..--._._._...--------....-__._-----..._.---------------.___...__.
For_.__10-INCH..GS--LIMI..P ..K-722.$5,-_DMMN, TEXAS.........................................................•
Bated.----5-1-57...---..... Effective ---------------------------------- Expires ...............................................
Supplement dated ................................ Effective ....................... Expires -------------------------------------
option (to be exercised on or before ....................) extending to ----------------------------------------
Expiration Record Noted by -------------------------------- Indexed by .................... Date ----.-_.............
Date Option must he exercised entered on expiration record by------------------------------_.------
Entered on Collection Record by_______________ .------Account No. .................... Date ....................
CollectionRecord Checked by.........................________.-_.__..__.--_----_-----_---_---.--.._.._.....----..--------------
Billsto be Rendered ------------------------------------------------------------------------------ $---------------------- _.............
RxpirecdCcm-fract Wn --------------------------------------------------------------------------------------------------------------------
Notedby------------------------------------------------------------_._..--.--------------------------------------------------------------------
Cancelled Effective--------- --------------------------- Collection Record Noted by ------------------------------
Expiration Record Noted Cancelled by ........................................ Date ------- _____.______.__.____-------
RenewalContract No.....................................,........................__..................................................
Index Cards:
LONE STAR GAS CONPAW
DIIWoN, TEXAS
15156
V.
2M-2-57
Form T--1874
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
W. N. Dsramus Ill.
Charles T. Williams
T. S• Carter
T. S. Masterson
L. M. Stuart
P. C. Ellis
H. S• Turner
R. U. Johnson
J. F. Hennessey, Jr.
J• L• Richardson
T. C. Connally
F. J. Heiling
�e�a's w..rR••wRrwww R..wrr P. P.....wr.Rwwww./.w..� .. •
654
Mr.
i
Mr.
J• T. tephenson
Mr,
S . A . Hayden
Mr.
Felix Honnoll
Mr.
D . M . Callahan
Mr.
T. W. Greenawalt
Mr.v,K.Moyer
Mr .
Re Be George
Mr,,
H. B, Hulett
Mr.
C. J. werlla
...r..r+r.wrr.....R..............wa.rrrw
Agent
.. �A•�
r i
w rrwr..Dili. 7edr .Rw►�.RwwrMa R ■Rrw.� A r.■ r. rA.�r. Ar.�wrwwrMt..■/r.i
'Herewith copy of C ntract Le se No
• r *r irMM Yr Y • F / . ►R i r ■ . .!!
wit w rr.
.yywrw Rw .. ■■I�+^ wwwr■.s ■Rww+�yw�rRwls/wwsswRwrriw wsw ■ss.rwrr.�•■Y wy►■ .f/az.x:Asi if A*/.fl�f/f./..f///•sR.+�l!/.//I�swrww./.w Ar/w.r.w/rw/w/r.ssss wr.a wlh
Opp
Cover_-- _ ." �rr.w_..-�- . . r..w w■wRwAPsww .rRrwwr ■ ■w./ww.rr wr .wr. wrrwwwr.rr.-_w..wr..rwrr.wrrr+�.rrwr.rrrr.rrrw..rr/ w w
wR.■■..RRwrrrwR �.•y. wrwRRRwwRsswsswRwr•r�.rwwwwww} for your information and file ■
'Supersedes Contract Lease No,
CdPy 'sent
Oor
Very truly, Yours f
;,,:;T,, Williams,
Auditor
Form 17S
5M--5-53
Pipe inn License
� � . D• 190 between,
AGRE , made this day of
N[ISSOURI-KANSAS.wTEAS RAILROAD CoM PANYW , ereinaf ter called "Licensor," and
.dress te of
hereinafter called "Licensee."
�� �
1. In consideration of the payment in advance of ollars (•-
i
receipt of which is hereby acknowledged, and of the covenants of Licensee hereinafter set forth, Li-
censor hereby ants to Licensee, for the period and under the conditions below stated, the right to
n true main ' . and o erate pipe line-, hereinafter called the "Grassing," not eg-
co s t, tam, P
ceedin
nches in diameter to be used for carryin cross or aloe
g
the ri t ,of way or other grounds constituting a part of Licensor's railroad at or near the Station of
--An, the County and State of
Mir
If said. pipe line- is to be used for carrying casinghead gasoline or: other- inflammable -or'. explosive
commodities, it shall be ,encased in a larger ipe where it passes under any railroad track; and for at
least ten (10) feet on each side of the center ' ne of any such track..
2. The crossing shall, be laid and :maintained at the sole cost of Licensee: in a manner and with
material satisfactory to Licensor's Chief Engineer, with its top at least four (4) feet below the bottom
of the ties under the track, and at least two (2) feet below the surface. of the ground, elsewhere, so it
wall not interfere with the safe operation of -said -railroad or cause damage to said Licensor's premises.
Licensee shall fail to make necessa r repairs to said crossing
I ry p g within thirty (30) days after no-
lice from Licensor so to do, Licensor may make such repay 0 the a ent and at the cost and risk of
Licensee, and Licensee shall, upon demand, reimburse to Lieensor all such cost with ten per cent
(10 To) thereon as a� charge' f 6r supervision; accountin and u#e of tools. But' f allure 'of Licensor to
make such .repairs shall not release Licensee from U ility :f or, inj wry or damage resulting therefrom
3. If the presence or maintenance of said crossing on Licensor"s premises as herein authorized
small at any time, in the judgment of Licensor, interfere with any use Licensor may desire to make of
said premises, or with the safe or convenient operation of its business, or if Licensee shall fail to keep
any of Licensee's covenants herein, Licensor may cancel and terminate this contract on giving to Li-
censee not less than ten (10) day's advance written notice of its desire and intention so to do.
4. Upon the termination of this agreement, whether in accordance with the provisions of Para-
graph 3 or of Paragraph 6 hereof, or otherwise, Licensee shall remove said Crossing from Licensor's
premises, and restore said premises to their prior condition or to a condition satisfactory to Licens;
or 's , Chief Engineer,. and if, Licensee shall fail to remove said Crosse within thirty (30) days after
the termination of this agreement, Licensor mayy remove the same an restore said premises as herein
as .the agent and at the expense and rs
provided.
i k of Licensee and Licensee shall reimburse to Licen-
sor all said expense, plus fen. per cent (10%) thereof as a charge for supervision, accounting and use
of tools, within ten (10) days after demand therefor.
5. Licensor shall not be liable for any damage to said Crossing or the contents thereof, howsoever
such damage shall be caused, whether by the negligence of Licensor, its agents, servants, or employes,
or otherwise.
Licensee assumes the risk of, and shall protect, indemnify and save harmless Licensor from 'and
against all` liability for or on account of, injury to or death of persons or damage to property, includ-
ing livestock killed or injured, resulting from or incident to the construction, maintenance, use, oper-
0
ation or, existence o saidIM Crossing on Licensors premises, or the removal thereof from said premi-
ses, or to: the r of or failure to restore said ;premises to their condi
herein provide , such injury, death or da used o by th neg-
ligence of Licensor, its agents, servants or employe , o ise.
Licensee shall nothave or make againstLicensor any claim, or demand for, or' on `acccount of; any
damage � Licensee may suffer . or sustain because, of any f ailure �: of.Licensor's .title to the right, of way
and lands occupied- by said :Crossing or any part thereof.
6. This air n eeme t shall bind and inure to the benefit of the , artier hereto, their ,successors and.
,
assigns, or hews, executors 'and. administrators, but Licensee sh ; not assign the same without the
written consent of Licensor.
This agreement shall take effect the .. _. _. day of
provided, hall continue in force f or
and unlessterminated a� above p , s� - ........ - an d thereafter,
until terminated by one of the parties giving to the other not less than thirty (30) days advance no-
tice in writing of an intention to terminate the same, the agreement to terminate .upon the expiration
of such notice.
In TESTIMONY W OF, witness. our hands, this the day, and year first above: written.
MISSOURI-IiANSAS-TEXAS RAILROAD COMPANi
L*
(Licensor)
}3I-sl F . J. Heiligg
MAWS - - - - - - - 10
(Licensee)
BY /s/ M. L. Bird
Attest.
• Its Vice President
......1 s/ Mary Emi son _ - Address
Asst. Secretary
Missouri - Kansas -Texas Railroad Company of "Texas
ACCOUNTING DEPARTMENT
CONTRACT NO.
AND SUPPLEMENTS
w * +i
Lane._ Star_ ties. Company_. ��t/.,4`,Sx
&.t`�----.�P0�4,oT:��.._._.
With-------------------- •- --- -- ,�-
.
....
Address_--.------- . _ _-_ 1-_ .... :. ��' `.-----.--
c/m/o 1- 8"--pipe line -. crossing.- 'j
at................... ..... MP K-'23.92, ......... ............Denton,............. I .. --Texas -------
Dated-----1�-``--���--------------Effective------.�20�60..---...Expires_�.__�I�'__�_�k�x�F�'t�r..30.ds�ys notice
Supplement dated -------------------------- -......... Effective ................... Expires ...------------------------------------
Option (to be exercised on or before ...................... ) extending to---------------------------------------------
Expiration Record Noted bY.............................. Indexed bY.......................... Date ....................
Date Option must be exercised entered on expiration record by_____________________________________________
EnEered on Collection Record by
- ..............Account No.. ��....-----------Date._.."ly.'_� e
Collection Record Checked bY---•--•-------------------•-----•------------------------- --- ---------------
14 �W47 QC 6
Billsto be Rendered--------------------...... -..................... ------------......... .......................................V
ExpiredContract No........................................................................ -...........................................
Cancelled Effective ----------------------------------------- Collection Record Noted
Expiration Record Noted Cancelled by_ .......................................... Date --------------------------------
RenewalContract No........................................................................ _..........................................
Index Cards:
Lone star Cie.s Co.
Denton,Texas
i6ios
Form 1872- 74
Denison
Texas FEB 1 8,1M
Mr .
R .
N .
Whitman.
Mr - J.
T .
Fla
Mr.
B .
R .
Bishop
Mr. B .
R .
Cavanaugh
Mr.
H .
0.
Brand
Mr . M .
F .
R i s to r
Mr.
W -
H .
Ze idel
Mr. L .
C
Suls er
Mx.
K.
R .
Ziebarth
Mr. R .
A.
Douglas
Mr.
H .
T .
D imme rman
Mr. J.
C.
LaGron.e
Mr.
W .
A.
Thie
Mr. M.
W -
Compton
Mr.
H .
L.
Gas tier
Mr. C,
A.
Robertson, Jr..
Mr.
0.
C.
Puts the .
Mr. M .
E .
Stringer
Mr-.
T .
G .
Todd
Mr. J.
L.
Taylor
Mr.
J.
H.
Hughe
Mr. C.
L.
S e dl, i t s
Nor .
B .
D .
Phillips
Mr. C.
G .
New
Mr.
V.
E.
Smith
Mr. D.
L.
Taylor
Mr.
J.
F.
Masters
Agent
Amendment to
Herewith copy of/Contract No. 16148 Dated IL20/60
Supersedes Contract No .
for your information and file.
We have received information that Contract No.
has been cancelled effective
dated
Superseded by Contract No.
With Lone star Gas Compares, now Ens eroh Co rporat ion
Covering C/m/o of 1 - 8" pipe line crossing MP K-723.92, Denton, Texas
P . W . NE IDERT
Auditor -Disbursements
Copy sent to: JKH, BOB, JTF
P.W. NEIDERT
AMENDMENT TO PIPE LINE LICENSE
rA
i
.�' AMENDMENT entered into this the ' y
da of
197 �, by and between the MISSOURI-KANSAS-TEXAS RAILRO COMPANY, a
corporation, hereinafter called "Licensor," and ENSERCH CORPORATION,
hereinafter called "Licensee."
WITNE S S E T H:
WHEREAS, Licensor entered into various Pipe Line License Agreements
with Lone Star Gas Company, on the dates and covering the locations as
set forth in Exhibit "A". attached hereto and made a part hereof; and
WHEREAS, under terms and conditions of said Licenses, Licensee
advanced to Licensor rental annually in advance; and
WHEREAS, the corporate name of Lone Star Gas Company has been
changed to ENSERCH CORPORATION; and
NOW, THEREFORE,, in and for the sum of THREE THOUSAND THREE
HUNDRED AND N01100 ($3, 300. 00) DOLLARS paid to Licensor by Licensee, the
receipt of which is hereby acknowledged, it is mutually agreed by and
between the parties hereto to delete the annual rental provision contained
in each Pipe Line License as set forth in Exhibit "A", attached hereto
and made a part hereof .
IN THE EVENT Licensor or Licensee terminates said Pipe Line
License Agreements pursuant to any of their provisions allowing for
termination, Licensor will reimburse Licensee for that portion of the
unearned rental herein advanced for a period of fifteen (15) years.
Such reimbursement will be made on the basis of the annual rental as
provided in the specific pipeline license agreement; provided, however,
that no unearned rental shall be refunded when such unearned rental is
less than $20.00.
IT IS FURTHER UNDERSTOOD AND AGREED that, except as amended
and changed herein, the Pipe Line License Agreements set forth in Exhibit
"A", shall remain and be in full force and effect as to their present
terms and conditions.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
MISS OURI-KAN SAS- TEXAS RAILROAD COMPANY,, Licensor
By r ,
y vice President
ENSERCH CORPORATION, Licensee
By .�
' At orney-in-- ct
Address; 301 South Harwood Street
Dallas, Texas 75201
miSSoU
►i.KANSAS-TEXAS.RAILROA') COMFOY
Copy f oR RKORDS
AMOVED
OW C
rrrr._.Nwrt.�
low-M
■.w•w•�_.rryMrt.r�
r+ r DATE
RAIL AAA AGV-R
gF INE.
'AE LINTI1L'i
w ■
_ ram._
Ca
L C ��►
s........r.DATE wr..•
r. r_ r _ r_ r _ rw. r rw r _r...ry-rt� rr.w..++•�• w.�.rr
♦..wr ���� rwrw�
.....rrr.r�r.._ww..w�.r.r-.►rrwart_r.wr�►
..... ..-- SATE .r_._.
d
EXHIBIT "A"
Attached to and made a part of AMENDMENT TO PIPE LINE LICENSE,
by and between the MISSOURI-KANSAS-TEXAS RAILROAD COMPANY and ENSERCH CORPORATION,
dated the 22 day of December 197 5.
Date of License
City and State MKT
Contract No.
Mile Post
MKT File
1/20/60
Denton, Texas.
16108*
K-724
T-19475
9/20/60
Hillsboro, Texas
20250'
810.86
T--16062
5/23/60
Henrietta, Texas
16252a
G-766.10
SCF
11/21/57
Jolly, Texas
15347
782.98
T-19017
4/28/59
Lancaster, Texas
15840,
784.2
SCF
5/7/58
Pflugerville, Texas
15551`
930.44
SCF
9/21/60
Pottsboro, Texas
202270
670.98
SCF
1/19/60
Alvarado, Texas
16117f
784.83
SCF
9118/57
Denison, Texas
15341•
657.18
SCF
11/29/62
Dallas, Texas
21897
754.85
SCF
3/25/60
Walnut Springs, Texas
16147v,
62.73
SCF
STATE OF TEXAS X
X
COUNTY OF DALLAS �
The undersigned hereby certifies that he is an Assistant Corporate
Secretary of ENSERCH CORPORATION, a corporation duly organized and
existing under the laws of the State of Texas, and does hereby certify
that the following is a true and correct excerpt from the minutes of a
meeting of the Board of Directors of said Corporation duly called and
held on November b, 1975, at which meeting a quorum was present and
acting throughout; and that the resolutions contained in said excerpt
have not been rescinded, revoked or modified and are still in full force
and effect:
"RESOLVER, that the President or any Vice President of
Lone Star Gas Company, a Division of ENSERCH CORPORATION, be and
hereby he is appointed an attorney -in -fact of ENSERCH CORPORATION
with the power and authority for and in behalf of the Corporation,
to grant, convey, assign, or release, in full or in part, any
easement or right-o f -way of any nature now or hereafter held by the
Corporation, for such consideration and on such terms and conditions
as such officer shall deem proper, and said officers are hereby
authorized and empowered to execute appropriate instruments setting
out the terms of any such grant, conveyance, assignment or release
or any contract or agreement relating to same.
"FURTHER RESOLVED, That the President or any Vice President
of this Corporation be and hereby he is authorized to execute such
documents or instruments (including powers -of -attorney) as may be
required to give effect to the foregoing resolution."
The undersigned further certifies that S. H. King is Vice -President
of Lone Star Gas Company, a Division of ENSERCH CORPORATION.
TO CERTIFY WHICH, I have hereunto set my hand and affixed the seal
of ENSERCH CORPORATION on this day of , 1971 .
stant Corporate Sec tary
3M-1-159
Form 18724
(revised 11-5f;
Mr, C. T. Williams
Mr. T. Be Carter
Mr. J. G. Peterson
Mr. K, o. Jansson
Mr. r. Be George -- Denison, Tex.
Mr. r. o. Johnson
Mr. H. Meyer
Mr. F. J. Heiling
Mr. W. A. Thie
Mr. C. E, reasoner �
Mr. W. W, renf r
MAR 2 2 19M
Denison, Texas w._.r------------------------------r
GA-45
Mr, r. C. Hassel
Mr. F. A. Schulz
Mr. L. A. Scott
Mr. D. M. Callahan
Mr. J. L. Boots
Mr. V. K . Moyer
Mr. r. N. McDonald
Mr. C. J. Werlla
Mr. J. r. Treadway
Mr. 1. D . Graham
Mr, Co r• Morrow
Agent At -------------------- 4060 ........
16loB 1 /20/60
Herewithcopy of Contract No. ....... 0 .........................ram_Dated___-__._-_-.._._..----------._._._-_-------.----.-_-.__-____-_-
With ...... 0 .....Done Star [has Company
.. i r .. r ...................................................... r - . - . - - - - - - - - - - - - - - - . - .. - - - - - - - r _ - - _ - - - - - - - - - - - - - - - - - - - - - . - - - . - - - _ . - - - -
o/m/o l 8" pipe line aY"osSing at IMP K-*'23.92,, Denton, 'Texas
Covering-------------------------------------r..._....r___r_rr......._.yT.r-r--r-_-wrr._._--r-._r_-........rrr------ ....r...._..._.---------------------------------
Supersedes Contract No...... ... your information and -file.
Yours very truly,
We J • Henna l ly ,
Assistant to Comptroller
Copy sent to: TSC, WWR
2500----11-59
Dorm 179
( Revised 11-1959)
Pipe Line License
ENT made this_.__ - _ . _da of . D. 19 � between
AGREEMENT, y
MISSOURI-KANSAS-TEXAS RAILROAD COMPANY W ereinafter called "Licensor," and
address State of
-hereinafter called "Licensee."
1. In consideratio of the a en in advance o f llars }'
receipt o eur y ac nowle g� ,and of the covenants of Licensee hereinafter set forth, Licensor
hereby grants to Licensee, for the period and under the conditions below stated, the right to construct, main-
tain and o erate_ � _._ __ pipe line hereinafter called the "Crossing," not exceeding
P PP � g
inches in diameter to be used for carrying across or along the right of way or other grounds
constitutingart of Licensor's railroad at or near the Station of in the
a p
-A-
County of and State of
Said pipe line shall be encased in a larger pipe where it passes under any railroad track and for at least
ten (10) feet on each side of the center line of any such track.
2. The crossing shall be laid and maintained at the sole cost of Licensee in a manner and with
material satisfactory to Licensor's Chief Engineer, with its top at least four (4) feet below the bottom
of the ties under the track, and at least two ( 2 ) f eet below the surface of the ground elsewhere, so it
will not interfere with the safe operation of said railroad or cause damage to said Licensor's premises.
If Licensee shall fall to make necessary repairs to said crossing within thirty (30) days after no-
tice f rom Licensor so to do, Licensor may make such repairs as the agent and at the cost and risk of
Licensee, and Licensee shall, upon demand, reimburse to Licensor all such cost with ten per cent (10%)
thereon as a charge for supervision, accounting and use of tools. But failure of Licensor to make such
repairs shall not release Licensee from liability for injury or damage resulting therefrom.
3. If the in presence or maintenance of said crossing on Licensor's premises as herein authorized shall }
at any time, the gm of Licensor, ' judgment interfere with any use Licensor may desire to make of said prem-
ises, or with the safe or convenient operation of its business, or if Licensee shall fail to keep any of Li-
censee's covenants herein, Licensor may cancel and terminate this contract on giving to Licensee not less
than ten days (10) days' advance written notice of its desire and intention so to do.
4. Upon the termination of this agreement, whether in accordance with, the provisions of � Paragraph
6 hereof, or otherwise Licensee shall remove said Crossing from Licensors premises,
3 or o f Paragraph•
and restore said remises to their prior condition or to a condition satisfactory to Licensor's Chief Engineer,
P
and if Licensee shall fail to remove said Crossing within thirty (30) days after the termination of this
agreement, Licenor may remove the same and restore said premises as herein provided as the agent and
at the expense and risk of Licensee, and Licensee shall reimburse to Licensor all said expense, plus ten
Per ( l0%) thereof as a charge for supervision, accounting and use of tools, within ten (10) days after
demand therefor.
5. Licensor shall not be liable for any damage to said Crossing or the contents thereof, howsoever
such damage shall be caused, whether by the negligence of Licensor, its agents, servants, or employes,
or otherwise.
Licensee assumes the risk of, and shall protect, indemnify and save harmless Licensor f rom and
against all liability for or on account of, injury to or death of persons or damage to property, includ-
ing live stock killed or injured, resulting from or incident to the construction, maintenance, use, operation
or existence of, said Crossing on Licensor's premises, or the removal thereof from said premises, or to the
restoration of or failure to restore said premises to their prior or other condition as herein provided, whether
such injury, death or damage shall be caused or contributed to by the negligence of Licensor, its agents,
servants or employes, or otherwise.
Licensee shall not have or make against Licensor any claim or demand for or on account of any
damage Licensee may suffer or sustain because of any failure of Licensor's title to the right of way and
lands occupied by said Crossing or any part thereof.
G. This agreement shall bind and inure to the benef it of the parties hereto, their successors and as-
signs, or heirs, executors and administrators, but Licensee shall not assign the same without the written
consent of Licensor.
This agreement shall take effect the day of
NO. 19
and unless terminated as above provided, shall continue in force for --and thereafter
4.
until terminated b one of the parties giving ng to the other not less thanthirty (30) days' advance no-
tice in writing of an intention to terminate the same, the agreement to terminate upon the expiration of such
notice.
In TESTIMONY WHEREOF, witness our hands, this the day and year f irst above written.
Attest:
MIS SOURI-KAN SA S-TEXAS RAILROAD COMPANY —
(Licensor)
By (Sig=d) Charles.-T.
r.
q S
Ti tl `c5• 6 i .... k�v i iY. e:AS�erige.
Licensee
By
' � r
TitleiI �,...�...J
Address- .10
s•�tsas sf-=�--µ� � �-
MIS SOUB1wKANSASw TEXAS RAILROAD COMPANY
ACCOUNTING DEPARTMENT
CONTRACT No.
2331.9
AND SUPPLEMENTS
With.r_r.................Tem5 Pow- &L.ght C
.0.0..rr................... wr........... rrr.w_.......w......r.rrr...r......rr.rr.r..rw.w.......r.•..... ..wr...wrr..r
l.
Address _...--------..=5.1 B `� st,6 2------------- .. Txas
.r.rr.... .............. .._.......w........rr.rr..r••..rrrr..rrrr.r.rrr.........w.....•..w....._...._..
For---- . ±v - a _wire _ crossA '.r 2 ) _Into Texas --
r.. .rr---rr.r.rr.--------------------------------------
1-14-65 1-14-65 10 Days Notice
Dated.................................... Effective .............................. Expires................................................
Supplement dated r---------------------- ---- Effective ................... Expires .................. _--------------------
Option (to be exercised on or before ....................... ) extending to --------------------------------------
Expiration Record Noted by. ....... ... ..__.......Indeaed by- -----
.%--- ,#":...._Daie..:�.`�1.:..��
Date Option must be exercised entered on expiration record by .............................................
Entered on Collection Record by......................Account No .................... •....Date....................
CollectionRecord Checked by ----------------------------------------------------------------------------------------------------
00
Bills to be Rendered--......... i e i-----------------------------------$------ �'--------------....----
ExpiredContract No. ............................... -----r---...---------------------------------.....•..----...........----------------
Notedby---------...r---------------------------------------------------------------------------------------------------------------------------
Cancelled Effective ............................. ............Collection Record Noted by...............................
Expiration Record Noted Cancelled by.r.........................................Date...............--....__..._...._..
RenewalContract No. ...................................................................................................................
Index Cards
Texas Parer 8e Light Canpany
Denton,o Texas
23319
Form 1872-74 .
(Revised 9-64)
Mr.
C.
To
Williams
Mr •
T.
Be
Carter
Mr,
F .
J .
die it ig
Mr.
M■
R.
Cring
Mr .
R' •
A •
Thie
Mr.
J.
G' .
Peterson
Mr •
K ■
V +
!J ans s on
Mr.
W •
We
Renfro
Mr,
Re.
Be
George
Mr.
Be
R.
Mr.
C ,
E +
'Bishop
Reasoner
Mr.
Re
K.
McDonald d,,.r_..... . .
Mr .
L.
R •
Deaver ;-:--�
Mr.
V.
K.
Moyer
Herewith copy of Contract Noe
3319
-----------------
Denison, Texas MAP, 19
GA- 5
Mr.
J .
L.
Boots
Mr,
D.
M.
Callahan
Mr .
L.
It
Nearmyer
Mr.
K.
Re
Langford
Mr.
C.
We
Robbins
Mr
D•
R.
Montgomery
Mr .
W D
E .
Bots chon
Mr ■
Go
R .
G ' Neal
Mr,
Co
R.
Dodson
Mr .
Re
A ,
Douglas,,..w........
Mr .
J •
Do
Spark ._ ....
Mr.
J.
T.
Runte
Mr.
j.
R.
Hughes
Agent at
Dated l "i4o,65
Supersedes Contract No, for your information and file.
We have received information that Contract No. Dated
has been cancelled effective Superseded by Contract No.
With Texas Power & Light Company
Covering cLM10 of wire crossing (14P 723) Dentcny Texas
F o A . S CHUIZ
General Auditor
Copy sent to - L9D`JDS""JM
Mr, Jansson,
Mr. Peterson, - Original notice attached.
ELECTRIC POWER TRANSMISSION LINE ACROSS
OR ALONG RAILROAD COMPANY PROPERTY
AGREE made this -.
day ay of
1 �� + be -
THIS
A� ,
tween the Missouri -Kansas --Texas Railroad Company hereinafter
�► first �
c a l l e 3 "Railroad Company") a s F Party, and
hereinafter called "Power Company" as Second Party.
WITHUSETH
THAT, The Railroad Company owns, maintains and operates a railroad track or
M Aftele
traoLs at the location shown on Ma No.
P , marked Exhibit "A".
The Power Company desires to construct, maintain and operate an electric power
transmission sine across or along the right of way of the Railroad Company, as shown
on Map Exhibit "A", attached and made a part hereof,
The railroad Company grants to the Power Company a license and permission to
construct, maintain; and use a high tension electric power transmission line consist-
ing of poles or metal towers and a maximum of
phase, Cycle wires carrying__ 11W
volts across or along the right of way and/or station grounds of the Railroad Company
at Mile Post
at or near station, the location
of said transmission line 'being more particlarly described as follows:
f l �rMw! �a�► s!' Ulu ft" M0 t�r�► art �rw� „ � �'•
401�
r
as shown on Neap No • __....Y_mar'ked Exhibit "A". For convenience, the said trans-
mission "'line, with a ow rs, poles, wire and appurtenances insofar as they rela'e
to said transmission line upon said right of way and/or station grounds, is herein
after called the "power line".
In consideration of the foregoing grant,the Power Company covenants and agrees
with the Railroad Company, as follows:
1� To pav the Railroad Company In advance, as follows:
2. At its sole expense to construct, reconstruct, and at all times maintain
the power line in strict accordance with the specifications, for the time current,
for overhead Crossings of Electric Light and Power Lines, of National Electrical
Safety Code, U.S. Bureau of Standards, except where by statute or order of competent
public authority a different type of construction or a different degree of mainten-
ance is required or permitted, in which case such construction, reconstruction or
maintenance shall be in strict accordance with such statute or order,'to the end
that no damage shall occur to the property of the Railroad Company; provided, how-
ever, that all materials and workmanship employed in the construction, reconstruc-
tion and maintenance of the power line shall be subject to the approval of the
Railroad Company's Chief Engineer or other designated officer.
3. At its sole risk, cost and expense to make such reasonable repairs to or
changes in location of said power line as in the judgment of the Railroad Company's
Chief Engineer or other designated officer, shall be deemed necessary to avoid
interference with or danger in the use or operation of said railroad, or any of its
present or future appurtenances, or telegraph, telephone, signal or other wires on
the Railroad Company's right of way, ,and in event it is found necessary for the
Railroad Company to use its entire right of way or any portion of it occupied by
such transmission line, the Power Company shall at its sole risk, cost and ex-
pense and within thirty days after notice so to do (or upon shorter notice in case
of emergency) remove said power line, or so much thereof as is located upon that
portion of the right of way so required by the Railroad Company from its property.
4. That it will assume all risks of loss,, injury or damage of any kind or
nature whatsoever to its property (including power lane), and to property of Rail-
road Company (including employes of Power Company and Railroad Company) upon Rail-
road Company's right of way with Railroad Company's consent, regardless of how
caused, arising or growing out of or in any manner resulting from the construction,
maintenance, use or presence of the power line upon Railroad Company's premises,
or its relocation thereon or removal therefrom, and will protect indemnify and save
harmless Railroad Company,from all claims or demands, or suits or actions growing'
out of any such loss, injury or damage, including court costs and attorney fees
resulting or in any manner arising from the risks herein assumed by Power Company,
unless such loss, injury or damage results from the sole negligence of railroad
�oropa�ny.
That it will assume the risk of injury to or death of its officers or employes,
or other persons, upon or about said premised at its -or their instance, license
or invitation, regardless of how caused and regardless of the negligence of Railroad
Company, and will pay, satisfy and discharge all legal liabilities of Railroad Com-
pany, arising or in any manner resulting from the construction, maintenance, use or
presence of the power line upon Railroad Company's premises, or its relocation thereon
m2m
or removal therefrom, and will protect, indemnify and save harmless Railroad Com-
pany, any, from and against all claims or demands, or suits or actions, including court
costs and attorney fees, growing out of any such injury or death, the risk of which
is herein assumed by Power CompareYr, unless such loss, injury, or damage results
from the sole negligence of railroad Company.
That it will assume all ris'.� of injury to or death of persons whomsoever,
and loss of or damage to property whosesoever, caused by it or its employes, or by
parsons uP on or about the premise::. at its or their instance, license or invita-
tion, or caused by the construction, maintenance, use, operation,, relocation, or
removal of the power line or its presei,c e on railroad Company's right of way, and
will protect, indemnify and save harmless railroad Company, from all claims or
deman is , or suits or actions growing out of any such loss, injury or damage,
including court costs and attorney fees resulting or in any manner arising from, the
ris1is herein assumed by Power Company, unless such loss, injury, or damage results.
from the sole negligence of Railroad Company.
Since this agreement is made in part for the benefit of other persons and/or
om-panies operating over or using the Railroad Company's right of way, including
Western Union Telegraph Company, any one or more of said persons and/or companies
may sue to enforce any provision �.ereof, , jointly or severally as their interests
may be joint or several. None of said Companies or persons shall be liable for any
damage (except that wilfully done) tc the power line or other property of power
Company howsoever caused.
It is understood and agreed them Rai1roa3. Company shall give Power Company
prompt written notice of any written claim, demand, or cause of action presented
to or filed against it growing out o-.:' any of ti=.e risks herein assumed by Power
Ca��n,a;�y unless it appears that Foer CGmpaiiy has otherwise been given notice
thereof; and Power Company sha..1 have the right to defend against any such claim,
demand, or cause of action.
5. If the Power Company :hall fail to faithfully perform any one or more
Of it8 obligations contained in -this agreement as to the maintenance of safe
conditions in and about said power, line, or as to any change in the location
thereof, or as to the protection of wires on the Railroad Company's property or
rig:,it- of way L rom electrical interference, the Railroad Company may cause such
condit ion to be made safe , or change of �, o Ovation to be made, or changes required
for afffording protection from ele4,-trival i�1ter-4'erence to be made, or power line
uo ��,e removed from the Railroa'd Companys property, and the Power Company shall,
_:J.:-: _l errand , promptly re imbiarse the Railroad,- Company the whole cost thereof, plus
to per cent on labor, and 15 per Lent on material. used in such work, and includ-
ig Federal, State or other lawful l; authorized taxes for Retirement, Social
Security, or other laws or regulations in force at the time applicable to such
work,
6. This agreement shall be landing upon and inure to the benefit of the
parties hereto, their successors and assigns, and shall also inure to the benefit
of the present or future tenant or tenants of the Railroad Company* and others
using its rig.iA of way or facilities \1ith its consent to the same and like . effect
as if such to -2,ant or tenants were spe:�if icall�; named in this agreement as parties
to 'be benefited thereby', but the Powe 7 Company shall not assign the same without
tie written consent of the Railroad Company. The Railroad Company may terminate
it upon ten (10) days written.notice if the Power Company fails to keep any of
its covenants herein contained.
The provisions herein contained maiming this contract inure to the benefit of
•Company's
p � of way, includingthe Western
Railroad Company s tenants or others using its right y,
Union Telegraph Company, shall never be construed as giving to such other persons,
including the western Union Telegraph Company, such an interest in this agreement
as will preclude railroad Company from terminating it in event it elects to do so
under the terms hereof, or from making such changes, amendments to or alterations
therein as it and Power Company may agree upon, but any such change, amendment or
alteration therein or thereto shall not affect any liability then owing by Power
Company to any such tenant or other persons, including Western Union Telegraph
Company. •
7. This agreement shall take effect the date hereof, and unless sooner
terminated as above provided, shall ;:;ontinue in force so long as Power Company
shall use said crossing for the purposes herein provided and in strict compliance
with the terms and provisions hereof. Upon the termination hereof, Power Company
will remove said power sine, and all property used by it in connection
promptly - Company's premises, and in case of failure of Power Com-
pany therewith, from railroad
P
any so to do railroad Company may remove the same and charge the expense thereof
to Power Company on the basis provided in Section 5 hereof. No termination hereof
shall effect the rights and liabilities, if any, of the parties hereto then
existing.
In Testimony whereof, witness our hands, the day and year first above written.
MIS SOUR I -- K-ANSA S -- TExA S rA I Lr4AD . COMPANY
Its
Its Vi"
..
a
V110 $ T4" 4ED4111raw
6
++/ E E ACRO SS;
R
O 1 -NG RAILROAD COMPANY PROPIII%lrY'
THIS A�:R���.� T1mae thisDIUday of 4T �._ a :, .19 , -�q
T , J - _ _ i_
e r
*
�.....r...wrr w...r.r..ar.w......
�►� `.?,' sscuri _'ranuas `rcxas Pai i -oad-'ompar.y._..r._...�..�.... �. _, Prafnafter
-ween ..
�.
cal 1 e� "Rai ru�.d � orr.rr. as First "larty, , and _ .�� � &
y
.: f+ herei,4af er called "rower cmparl" so sewn. Party,
x
i
s
i E
WI THESSE'TH
BHA 1 , r. he I:al d'C I�'6mpany �, x -- , rya. r, to .',0 And operates a , Hai .road truck or
r a-s at the Iota' � -)-i 'tj -iC•yl1 at+ MaF 110 . �$Z marred Exhibit ".At?.
Je t 1, ainta►r and operate, an electric power
0P : irie acrot L�r a3c: a ur,right `' , a, of she Rai lrcad Company, as shown
E/,h 'hit "'A", a taciae3 and a� e a hart hereof.
y '
The T'� _ y i U� : C w:• �aii, &rd- � tL ` % C; r : ::_ r?orri ant, a I � �:8r �e and permi 9;, f vn to
a.
trC:t, ase a �..;:, ;,er.�.or: P� ,�: �� rawer trane�.seian Ririe coXIS fst-
e S u r MA.� zi J, C►`�4 ]E. �3�9 ,'AX .'i;' i1r, � f � t2l.-p
'. 3
1
pr_{ a s e, G V c- e �. e: J a r r.412a5___.... - ...�.�..... �
. .
F
1
Vu � u.: a:.ro::.y �r ' U. ; t�iti . ght+ c; �� ,� and ,'r.r :tat ior. grounds (if the Ha o lroae, Company
j at, or near. ex*n...�.._._ E c-t a t. i on , the location
_ -- _ _Dentola
�, a 11► t:aI-I .;l�6lo.. , ne leiv,► re pa.rtr'Iar., ,�am3cribed as to11owe ;
a
'
7
201 feet southeast of Ki 1 e Post 7 2 3 i s a ut hey. st of 1*nton j, Deabon Countyp
Texasa
•S S•
1h •
4
.
• *
a' Y
r w.. y`T
�dw
,,i
ris .fir � . r • S ^ A. � .,; ` !: A+., f ti `� i . . r" i, ..•. '-iei. _
7iC .
AW
`k. •�- ` as on Ma, - � ■ .�r.r.r. __ .. _ ar'kltd Et I L - • Vr - � 1 fIM the
s�.yr r► S • r ..
ie Iar, 'Fins w i 4 all towerw, o . es , ''' �� .Ad a urte-nanoeq,, �jn� t ors t e
i,
t d
y+ tot to -`said transmission d ine or• �#aid right` of wa j a d� or Staa'ti, �t� � � ra ' ,
` of ter nal.led, the Mpower, line
In consideration of the ire ;o i � grin
, the rower- Company co ?I Z.s ar.a •..��r� �-
h the Railroad Cdmpay a f D I 1�
=. .. T the Ra�r1�ad n advance . aq fgllova;
r
SLf Off ($5000) FOR ooSS1i
.r t •
v y.
a.
At itre S01. e expenee to Cc ns t►ruc u , r t ryonstruct , And al a.1 ' tr imes Lainta,ln
the power Tine in strict accordance Nith V1.e c.if ca cI.s , For- the .ti*earrenj;
for overhead Cr assinF o� F7 ectIri dig • t c.:t"�' ewer Lines, atio] '''� ;tr•� cal
- Safety Code �{ U . So D ,areau of Standards, e z r- a�t .-here t: s tate Or of der-
' u�l c sort#�r� a f' .f 'er-eTt �e o coi-.. L: •��,.�ic � �r �. ��iffe •ar:t ,r'+ee Cf its, .t#n- �"tl
p
ante is required or permitteJ , in' wrii�,.h is Fju c nnstruc u i u��;�`' re «.:s w r't�ct o
i • i ' r j r^ v • '� 1' . (� �'r 1}' • ?^ V o y ire :. and
mai-itenance ::�la be xr: citri�ct arc.or'ar.�A,_ i . J . ,�u li cs vat ate or or de. , L 4I V
that no damage shall occur t.".c proper",. o Company;, pr`o"�' i I+ , how -
fiver , that l m tier a. ~ 3 _ . ��-� n the conct� t.=t i n, :�-e,:o:zs,ruCw
,_ t tic -i and ma 4 W enan e of t i ne power !�e sat, ec t the approves of the
Railroad Company's Chief Engineer c);• other ..IesignateCl officer3
.
- ter► .
At its sole i•i' 1: , cost a �l �::r�e,� to may_e �-~!ach r�easorable r•enaIrs to or a .
Chang s in Ucatio: of -aid �;U1' +pl� 1 Ir ::: t: t_ : judgment [ :i tLe $i; ,1lI t'►a ,J company
wr ,_
Chief . ngi..ee. or ot. ,or deciate� .��Gd r�ecesaa_, uo aVi '
Y inter eret-.:, e with or d�E. r' la the uiie- or � ,.� �.t i.� � r card r-a �. 'road, �r any o t it.� �
:' r�Jii�'.t ���� 4 r¢ �r�, 4.�rt�:lGrF'�i�•] i�' '� i.i & _ y !' ,iti. �.� J��C�r 1 0� �.� 4 L+'r n+��J til4A
r_
the Railroa.! Company's right of war .� �r' �-;�er-� t ltr i foun:2 r�Aces ar`y for4, Nf Hai? road Com��an. to �s��e �.ts ent irk rl�;��+. �jf r,Va�, cr a� y �lcr�t for of it oc�y�l�3ed by
sucl. transmis'..: ion l inF , the Power Cco,i-,. .� ;^ �?a' � at it: sole rich^, �:�c�.�i and ex -
',a" and within thirty days after nc c do (or upci. shorter notic; i.n case
Of emer eric�,r remove said power 1 i e , or s, ir-jc:� thereof ae z i cate d u �n that �
Ar�UTt 1Qr1 Q ' the ri yl t n war, so • ru •uir _a' �.,� h "Rai �. I^va,d Company from i tadprops�y^. r ,�
•� , $0 -
v.
.. 4. gnat it ►�i � assume a1 rJ...:.s a. �..:�s , t�,� r or-Iamaae -of any kind or
`` r .,nature wha'-.soever t0 �.i,a pi
-operty { it - - : ;°�� 'r- ine� , :� : to -:;-off vvty of . Ba' 1-
road Compptnvp � c lud rig PMP.I U'�V Q'ro 4k., n 4nd PLa ;, t. road _`0T. I Pony) upon M 1
r road. yompany' er right of w p fj i trh, ai' Y cr ompat:�y ` s ;'0nt3ei:t of 40w ,.
used, arising a grog - ng out o or .r► ..J- .. �-+e , : es l r r: frcm the .on, ttttw l0,�7,
` nter�ae, use or prcBence of Vie pon�e�• '- :ne �.+�a�� Fay lr•oa� Co�;;Na��y':e prem*.ees,
a �.t Its relocation tij}-� peon ' �r a oval t per ':-o a; �1 Sri 11 lroteo t inde:►nif y and sa*e
unless Failroadcml�nys alb irne �r .aea�� c ,
4 �'':om 0. an , or S t � ' a t � + r0 ,ing' >..
obit of a, acuch loss ; in4 ury or- dama-7e , ir,c l =-yd�ng court opts and attox-r ' fees
R r
` 4 .o
or i n a:-r- r anon r arising a from - to r i sla here .n assumed b ' Po.: c ;;n- .'
} resulting � � � s � p ��
` a uni"s adeb loss-, Inj ur'y or 4a , �' tresui "'-:► from the � ; I neglI erica of- Psi 1rft.' ..4
1
gip.. 'ghat' it i 11 assume -:.the risk of- in j ur-.: Jc ordeath of its off -f` t si z or ►-et:plpyoat
r- r eons u an or about 3.d r - Zeet. at its or2e.
a Li tarnc ic: ._ • '
. x" of s p• "a p a Z ��'�: n� � l err e
R
_ or intatiorn, regar�3l.s of htUa r�au: e:±�{� rear�'d lest ofneg_ eTibe
ir
ny, ard•. vi11 pay-, satisfy an drischc:r Se all -1 .gal llabi1i ties' u '• �a�:1�.��0
' + � ram. `' s � �. - `.. { ,
y, risin or in any manner rer u � ti~��; �` r t,�e cor.strtrct�,crr� mai � �.z�a� us �: ��
:. ,. 1p
resence 14.
of tyre power line upon Bai l roa(: Co► ipar�y' s prerAzea, or, i'� re1. ` din . ther-owl
..
k :.1• fie` 'i �= a.. 'k 'r„it
.,. y •'°' - - 3 - ••v r; }. r ..gip:
'dti�,T:. �y
� • .e.+�'. •R6 !� min .. •^ i .f. �v��,..:"
aq
LA
iA
..t-
` ► S '' ; @ �. "' 7 �' . i.: t i� a� I; i'" `f t� t' ., i. -A. l� P■ii7 & ��i . :.
+
X' I.r i � � • ..... � - 3 : �; -
el ian :J � , o1 a .iota or a� � 1 m n ,3. •
t' r t�e r .r+ F r .� .r. u. F f
iyv,r
., .
H
ar
a r c. r'
� � t a ' � � ti • � � t
..�.N
j rCir �
of • Ijal l road C9mpf r�
ww,•
.�
{:•
`i+l�rj, .. iJr 1 i s_ �-�� LA•r� l ea Y W�` ��erc-. d1�i.�." ��►.�ai,+�•!����i.�
na
a,. •
•. S/'..
A 1 ..� •�� r
{„! �• ev v 1� ua �� rjr�� i! o■ .+• t+r~i.�l \l'3: !�
Gr L o r
Y.
t'v9 `' 1 •
-their ti
�: Y .'.; rl.
'• 'yj��,
• .. r
tr ! _4 ,. 4 A Y �y {] i i_or 1► 3 R i i + ' �. w. v' i i
J I"`-3.,:.P'3 r'fc1. irJ a'V ��10� rel• r.I - :. , •,.
•
` ;� a ,.
�.,
,,. ape on
'' fit ," t.� i:-'" C J•� Ira(_ t� ': f.:. Tyr �":C we = i`� • � � alr� } �'',
• or �.aL:- An
F'
� ,� 5�•=:
,r
r mj Cor . ,
IT, tir
1 •'J cot y'+ • 4.tvipi��'.�rs �� ti.. �.J�.i~r~[. 3.ai .1.4 LJ Li* 1 .: iJ ��• �[ �� ' J. 1� s.� 5.
o:: h
pus, : r' act'PAS 9Fav� a. r
ps is
x "
IDS results-,
jam] r �y •
P'l I! I `+a r.4 V V���■ y .r i"
'' _ ".pYF
.fir. 4•
•
�I -
t�P re n5 end,/or
�q.
�''^^� .7i +y 11- �. _. ve .
17
c�. gr"Merf 1 "ij
l J��.
e r
LJ
. 4 S S+ r `�
»!al
•'
•
r r 1� 4�1��r
q ��y+�+;7
y �+` ♦, Li L� J i 1. T i...J L., i i �.r j y v �'
.i..�' B to V * r r • +� •, 1
yf'.!r
ell
-wept a
V any kWwigoeve r caused.
• ; ,�1 r r~ '�� ` y'�� _iLJy .. �� =unc 1 1 G • i �� �� }y7,���#}i#lY
e. rs L 0
""L
'•.s,
•^';�
y
I
�{ ■-'' SS �s i• 1 V �. L� t � '✓ 1 �.. t� it r �e I �� t" i � x �- �• r' � �
.. '':'�'r
jig
to ar f i 166 aelf
`
- - ��•atr �: ��t ice fe.- ji-f�,_
,`
r�
:��-"
T . .. f T r
T. I
... ti f •` ' T ~ f ! • 7 , ? L ? .` i� ' ti '.. 1� !Yr V, I �3 - i . w a • . - 3 1►
i
,
�"�P
dafl or cause of act iOri
..
04
-perf.P or mn
,. PO.,� 1 � `r0 L ►. �- NA I y rm ,.. �� one
o r,,. It T'
Y 'r
f..
• • 1 s ► + � � .. ..� , ± .. , � �
!Oc r E � S . ~ ' ] 8 j l.: a � :� • 4 P 4` . r. e of --
- i r. #�-:
•, ' .
.�a �-' ac�we r �; �, �,�': ;:�a rya,
w -•� �i w
v"O�i � �� �
"R
C0 y. +" r. .1 i •i tr {` if I ! i •.• ^i V + '+� +,' jai +�i a Y, • } P
a�r to
y�
L n M i. L t 1
.
k h• •, r t" + -i -� ► f r M Y wR/� f"r i V ti` I �� ` �+ Y
Of
q� 7 f' r 4-.. �i i� :L: w J V i
`�.
".ar w' "33 ��+ 1 �V Ar r L L L 1. ■ '.i ► .4
Fa*
r �; t:� ti� -� �:;� ''r�... .��. �_ �.}t�,' •� r off,.
,'
•r�
" .- "✓
`-1 l� ••l I.. M
4Li3. - its f7 rill, I' _ _ _ ,► 4r _
' � *
` •i• .a
�. 3 C L,���
r pet in
1 •.L �: �r a J S f jr..c "� • � r �. i .+. ti+
�� �► i
r+..
r
• �•y'� -� to
7 l 1n:P a .. 1/'. such
p�j t ~ 1 r l • y Y VL
rt nC
,,t�, , or atw��r :... ,�, or r � - _
a. i.
workP
eL6r- �Ji Va 1 ,.J W �j i► r T .ar�. '1 ,+ rFii
r' iC .. j.•'
�� • y ��. y ► �. r . �: `: L .� ..7 �- •. a i' •� . r = i : j~ �' 4+ v + is
toioi
r ..• . �. a--,. k, he pa .1;oad
1.0
� @g
t��' "� i,� i1 Yi � G:" ►@ti�� r .� i al I „ `la::@ 1I1 b�,s agr' {::: ..; y &
Ov, 0 -iha i
at e
•� 1
r � p� S I r - � r r � � �
Cctpaiay E ak a u
y
��' _t: { } a�;�� �'.nil
,�n �q} :. i . t � .�,:
■ i' i1
ie cants Baca n , �vi]ta ll7�d .
�M,w
.x�
i4'.
"9 fir£ L
ti, ,:. • , ?:
' ' :.:
f :et i;• �. x .1 + ;.a.v'
_ . •4� 1 -1 - d 4 fir,
ki
'L
^44
rf r7'r � � 1 �. ,�r • r�
a ti ti•.. K 1
'the rovis io h,, rain' 01 6n &tne, t:�f
ntract� inure'' O the tier;, fit of
r„ k
eLWef3t*M
t ;a �a 1 r a/dvmax� �. ens t v o t! e r �`. r, t',g t a;. g
,. "� • _ .rr r Vr. ■ i*f ��+ r / L. 7'i!'� r Cj 1~. \r Yv,r... Y1 �I F vlxif� ;0 91!� 1-1 Ott• Persons
�. c � ra � 1 S I C �] *� i �: " t in 't13 �i iAF vee7isnt
1 ;c; ual4e t ske `fie s t• /.3rn U�z n Te - _ p y
a,< ��,re`.ail,roadUtnr�,� frv! t�`�I�a�.ng �t eiYer�t �. ec t -to do ego
�. r' 4Li1Ls G 1 4]�e terms Ni-evf a
r' r=; a 4 r� u u U a aucjj�hange s �. ndilant or :
a e,is a 1_ l t' %a�• � war C a p ,
a i 3r t..Un therein or tlir'E� :1�. _ 1 r dot ct• ,any Ahab i i ty thon owing oy Power
�.".. �x
uc�ing Wja teMle e�raph
ar
to nv such +erian�t or, �tr(:r �r „
r
O*any.
7 . Tin agreement aha l 4 take of Cect tote 3a� erec,f . ,arfd ��3:��s�t�:.��orer
ter .i t to a� a �.1. a � a . :Opt - �� �r � orC � - P�=-
�.
�gh
.. e
1' Tale Valyd r� , i�� f^r the r�� 1)�e� ���. �� �r�viae� ar�d i� �t���
a. g �
' _ r f tj-je t 1.41 � i �. ; he . � r cat n3�
4 prompz . , r paid �ws; 1..ne, ernd all �r opei y, "e-, �. �. ��n8ctf on ;
-� k r `d tom a +� ' _ Are � in cause 0f A�: ' i ?.zre of POwer VOM-
t ;,
i, y K t
e�ato do Railroad ,am^anY: r� 61# ,.M '� a .1° ar .►h�� f .:
�j Y .:$
to wet 4ompan, U. ttie bay � p
►^v�ri 5 reof. , ,te 'rai at ;oar sreat'
�; t i+ � , r of the partids n o n .
off scot tLe :i b d _ � , F
' r �e r of •x .. a ;j t�t�:' '.: -Go& ta .r 'b °fir i tterg .
't
r .,
`.+ / �� .. r +fw 1• •fr 1 ��__4r'�. !�'ti.-.�Y�.11► IIM'�+wF ' S_ ' TT__ i fid
• a {.-_ .yr.• •' .�w'_L w 'KP ...- .. '� Il• �' F�.rI.. \ Ti�� ! fC: ' .. � i•. ..•
AR
�• v-�• �+ , F4�,1 �, �n =eta■'�.� �r�_ 7 sr .y aye.. ,k. .. -.
�%:fit rye: � Et z .. .•� ` �± f5 - 1 r � - ram.. +*� � ' y ° -
1:�
1. e,c+.�-1 .i,r..."r .-..w.. •�'�'__TY ray ' •R . .1 ..fl •i ;j�yfi��
:ter � li , r .• � � �• � -�
ail
:,�' � '�, ., r. � �' i : e � ��� z 7 � � !n �:�. to „a: J• • +7� w� A:
. �z + * a . ��-'i1T�►y �.ti � .� �_-....3�_��.,.r..w�.�j r-+r.--w.- .,.wow-�•�r
r ie n JP
�:.�• �� .� .. „-, '_ - . .,�'�� �� �. fit
' � iM/ r • �Myr RI � 4 ■■.
VII
It
4.
116
log
4.
.. r1 � , r :x, ' � • � A .� # � f' yiy. � +„f� e► ' 'i,h' Y "
All
- s•. IF
•�
OA
Irk
•ii .J .r �'. .. :l � 'K.. 5 ��`Iw WKice'p� !� ' �' � � n1st.
7x .y L_r..`, V.0 .. ?i
ne :i,
J
I '
I
P�,TISSUURI KANSAS TES RAILROAD COMPANY OF TEXAS
ACCOUNTING DEPARTMENT
Contract No. 259 9--
With ...... Team a---Fowar..... cc.... L fight__.-Gn mpany............................................................. 9�--�
................. w............................................... ....................... .................................rw...... w................................................... r.....................w. L� J
I�I�� "��� �!Address...... .__.. ._. .'....._.---•--••...................................................................._....------------.--....._... ........
,. iP .'7 .3 -- Dentcn Branch year
Cove ..-• ►. - ...�ros-S-1- age...........................•--.-•---------•--•-•••----...._.........---............,..._.:.-•--•------.......
e n' o r
............--•--.. -••............................................................-----y----.--•---......-----------------.--.........................................-•-- ...................................
.............Effective.............6=11- 250.... Expires.ludef ................
Option (to be exercised on or before .................................... } extending to.
�
Expiration Record Noted by---, -------------...._..----------- ..................... ......... Indexed by ............................................................
Date Option must be exercised entered on expiration record by .........................................................
irn
Entered on Collection Record by ................................
.......... .........................................................
Billsto be Rendered ......................................................... $---------------- -........................ -..........................................
ExpiredContract No. --------------------------------- ....._......._..-...........-----.-----------.---...----...:......................----.----.--------......
Notedby .............. ......................................................... .------..._............................._.....----•---------................................---•-•------........
Cancelled Effective......................................................... Collection Record Noted ....................... .....................
Expiration Record Noted Cancelled by .... ............................................... -............. ...... ...........................................
RenewalContract No. ....................... ...............................................................................----................._..
Index Cards:
ITame
Number
Looat icrn-
Clai an
*lissoum-KANsA)wTzxAs RAILROAD COMPANY OF TEXAS
r
OFFICE OF SECRETARY
MR. H. ALLEN
MR. W. L. ALEXANDER
MR. G. T. ATK INS
MR. G. H. BOWER
MR. H, BIERMAN
MR. W. G. CRUSH
MR. J. H. DAVIDSON
MR. D. C. DOBBIN
MR. To f . GARDNER
MR. J. F. GARVIN
MR. F. W. GRACE
MR. G, HAILE
MR, W. H. HALL
D A L L. A S , TEXAS .......� .. ............ 0............. 1930
MR. E. E. HANNA
MR. J. A. JOHNSON
MR. J. M. J-OHNSTON
MR. W. A. KELLCND
MR. E. N. LAR-SON
MR. H. E. McGEE
MR, E. T. NELSON
MR. C. D. PANTLE
MR. T. L, PEELER
MR. F. RINGER
MR, G. E. SCOTT
MR. H. M . WARDEN
MR. G. L. WRIGHT
MR, R. H. HANGER .„
AGENT............. .........,.r.r.........................
. i f i 1930
i' Ak*�
...�r.�M.M■/.►..r"*boo....M..s ....a....... .wM�.�./�.....M.FFw....�r .+...t. �ti 1.. ■■ .Ra....... ....'. w._.� .....rr .r_. .r. w.....wr rr......7■. ........ ■_. ... ...rr... ..►...... •.... /r.
HEREW I TH COPY OF UONWIt,ACT No ......................................... :DATED.... _ .r.. _._............
wI ...... .............. ....................... ...,.......... ................ ......... ............
.. �EDVER I NG......0.�%.....
LEASE
(SUPERSED 1 Nf3 CONTRACT NO .... _...................... --•--•-----------••-•----- --- --• --•------.................. ............... FOR YOUR
INFORMATION AND FILE,
G. S, SHERWiN,
SECRETARY
IM-1- 34-
Form 812
Wir�, 1�s or �Ir��re
a� Vo
�� era � 7 _,
-- •------da of _--------- --., 193*9
T made and entered into this �. y ,
THIS AGREEMENT,
xAS RAILROAD COMPANY .---- .-_ .---------.'...�.--•--._ .........hereinaf ter
between theMISSOURI-KANSAs-TE
called Railroad Company, as First Party, and the...—S-0. AW
....................... hereinaf ter called "Power Company," as Second Party.
WITNESSETH, THAT,
WHEREAS the Railroad Company owns, maintains and operates a railway track or tracks
at or near- ___.-.
! - Office Engineer Maintenance of Way,
at the location shown on Print_____________ -----.-----.._----------.-----------.--,
dated Dallas Texas -------- _----•-----•------- ------------------ ----....................................... , attached and made a part hereof, described
as f ollowS. k
711M "'N'
- om
F .c y . S • Si _, .y r ..
a1:(l
WHEREAS, the Power Company desires to construct, maintain and operate a high tension
power transmission. IWIL sing over the Railroad Company's right of way and tracks at the point
shown on Print -... ...�......_........._-..
ARTICLE I.
The Railroad Company, for and in consider `on.. f the sum of-F'
_._�' ' � *6* -4 err.Dollars .......... --) to it in hand paid by the Power
Company, the receipt whereof is hereby acknowledged, and of the covenants of the Power Company
hereinafter set forth, hereby grants unto the Power Company a license and easement to construct, re-
construct, maintain and operate said high tension power transmission line crossing over and across
the Railroad Company's property and track or tracks at the point above described.
For convenience all the transmission line, poles and appurtenances on or across the Railroad
Company's property are hereinafter called the "crossing."
ARTICLE U.
In consideration of the grant aforesaid, the Power Company undertakes and agrees:
1. At its sole expense, to construct, reconstruct and maintain the crossing in good order and
condition, and under the supervision of the Railroad Company's Chief Engineer, or other designated
officer, and in accordance with the American Railway Engineering Association Specifications as ap-
proved by the Association, March 15, 1923, and so as not to in any wise impair or interfere with the
use by the Railroad Company of its property or the safe operation of its trains, and so as to protect
all telegraph, telephone, signal and other wires on the Railroad Company's property or right of way,
against electrical interference from foreign or return current, as the result of the construction and
maintenance of said crossing.
2. At its like sole cost and expense, to make such reasonable repairs to or changes in location of
said crossing, not inconsistent with the requirements of the American Railway Engineering Associa-
tion Specifications, or . any modifications thereof at. the time in effect, as in the judgment of the Rail-
x
read Company s Chief Engineeror other designated officer, shall be necessary to avoid interference
with or danger in the use or operation of said Railroad, or any of its present or future appurtenances,
toe have signal or other wires on the Railroad Company's property or right of -
or o f any telegraph, P g Railroad Com an 's Chie f
way, or any of their present or future appurtenances; but f aHure of the , p y
Y
,or other designated officer, to notify the Power Company to make such repairs or changes
g shall not relieve the Power Company from its obligation to keep the crossing in safe condition.
To and � does'hereby, assume all risk o f damage to the crossing, as well as of in jury to
or death of any person or persons engaged, or damage to or 3' destruction of any property used, in the
P
construction reconstruction, maintenance, operation, relocation or removal of the crossing, or in any
'
work connectedPon therewith while u the premises of the Railroad Company, save such as may result
willful act of the Railroad Com any ; and to protect, indemnify and save harmless the Rail -
from the wxl P
an from and against an loss or damage of any character whatsoever, or any claim, de -
road Company g Y
mand cause of action or liability on account thereof, including personal injury or death of passengers,
a
employes, or others whomsoever, as well as loss of or damage to property whossoever, in any manner
r growing out of the construction, reconstruction, maintenance, operation, repair, use,
resulting from o g � g .
remov
al or relocation of the .crossing, or of any work connected therewith, provided that the Railroad
shall in ever such case ive the Power Company reasonable notice of any such claim, de -
Company Y .. g
mand, cause of action or liability, and reasonable opportunity to defend the same.
ARTICLE III.
If the Power • Con1 an�. shall fail to faithfully perform its obligations under this agreement, as
• P Y ' ' t said crossing, or as to an change in the location
to the maintenance o f safe conditions in and about g, Y be
thereof, the Railroad Company may cause such condition to be made safe, or change of location to
made, and t pan
he Power Company shall, on demand, promptly reimburse to the Railroad Company the
y
hereof, plus ten per cent(107o)on the cost of labor and fifteen per cent (15/o) on the
whole cost t , P P
cost of material used in such work. ,
ARTICLE I V .
This agreeme
nt shall continue in effect so long as said crossing shall be maintained, and shall
inure to the benefit of the parties... hereto,. their successors and assigns, and shall
be binding upon and P
he benefit o f the resent or future tenant or tenants of the Railroad Company to the
also inure tot p
like effect as if such tenant or tenants r
wee specifically named in this agreement as parties
same and.-__._ .. ...
to be benefited thereby.
■MIM
I� � WITNESS WHEREOF, the partiec. hereto have executed this agreement in duplicate,
the day and year first above written.
MISSOU'RI--KANSAS-TEXAS RAILROAD COMPANY-02 17 ---- - ---------- rr.
$-------------w----......�..----�-i-----.`.......s. o...
y...................... .......... -------- --- ...............-....-_.......------
Asst . to General 171anag
Its..w....r__-.................__«_.._.....w.._....r......__..........-___.......r__....__._......._..........................__._.....__-_.._...._.---.......-
01-1 ]LIGH .
....,........,.......r_..........._................w..w.......r-----.��. __.w._.«..r_._......................... .w.....-- __....-r_..._......----
...- -- - --..................................-......----.--_».r.._...r........•-----------.._................................
Its..r.OPERATING: Hanna
r.w_----
rti ........
.v
}
��.i Ian
ws.-.x_M��-�+�-�-.rwry.-r r.w_n.Mra✓n Mr..n..,.a.ar�.. .. ..
['�
. c-n l I -jk�
�.� t� �� �, r` 1 is
a
w..•.r.r...._w..........�......-................
.................... Ha;or
En yin's:: T4-k' ?t �nan� L r3 �l �:: Y.
--.-.--.-___-_......... ............. ......
G * C. Byers
.a.-.�.�r.r .... r.r.r.. r.................. .......
.,.«-
��.,�,, iSur
Vice-Pres. 8C, C-T;771
'I '� r
NG INEER INS r : . 1. ng er
Chief E.. necr.
r
....r .._..w......,...
Treasurer.
r} jNG:
r-..r•.wwwwawrM!_....�ra.rcww. wY. a.u.r.ww Fw....����. �.a�-.a..�„a�.R
Comptroi let.
Garvin
Mw6..MM.q.FR..w+l��••--.__eFM1wMwMrn wwe..w_-.. wwMMMiM MW.rYt... .......................-.._. wr►w+.u+
ISS0URiRmKAXSAS-T=AS RAILROAD COMPANY or TEXAS FEB U 1936
r . �,
OFFICE OF SECRETARY
ftwwwry to
D A L L A S, T E x A S.rwrw.e►. 9 woven nova 19 3 E
MR.
F.
P.
BLOUNT
MR.
J.
(sae
LiVENGOOD ,
MR.
O.
H.
BOWER
MR,
E.
T.
NELSON
MR,
H.
BIERMAN
MR.
C.
D.
PANTLE
1).
C,
DOBB I NS
MR.
B .
A.
ROBINSON
MR,
J.
F.
GARVIN
MR,
F.
RINGER
MR.
F.
W.
GRACE
MR.
G,
E=
SCOTT
MR.
F.
B.
GRIFFIN
MR.
GarO.
C. SMITH
MR.
K.
H.
HANGER
MR.
S.
D,
SPARKES
MR.
E.
E.
HANNA
MR.
L.
M.
STUART
MR.
J.
A.
JOHNSON
MR.
R.
C.
TROVILLION
MR.
J.
M.
JOHNSTON
MR.
H.
M.
WARDEN
MR.
J.
H.
LITTLE
AUDITOR
-REVENUE
AGENT..............err..,rr.y....w...r.r�....,rwearfrrr....errr.rff+-...�...�w......w..«.rr�.fy.■w.
LEA
HE R E W I T H COPY OF CONTRACT No r+y�..w.►.►r.rw..wrrat.w...w+a.rf..�+....wrrMs......ti.. wr.ff•..wr.sw.a+r.rr...awr..wwr.r...• ....wrrarrrwwa..r....r.w.+ w.�r..w..r.....w
WI does. rr.ia.Jri.way*.r..lr.r....i.rC...wmove. .l.f...Ror. w.Sseven rr,r.,w+..Bonn .M.w we"*
LOCATI .. sl a.esn.....v.fewr.r..Rod ..f•ssv.r..ra.yw.MMw.urw+r.r..w.w.ww.rx.a.r...rrwr....fwrryrr...w.rw.wH..... wool,"... owes. ...�.fw.......rw...a
Wiry
COVERING...........o+.t.r....w.w.rl../.►ss.rawwa�ww,rw.�w.•s.r....froa..r�••wr+wiwwr•rwr.u...a.rrrrerw,..rri....r■ .wa.,.....r..,soloreHr•,trey+."...l.wl7�y►�r.wrRY.l+wl.lR.w..e4w7*•.,+.,.7r•.�s wy.,...wr..r..r....r..r.. �s
LEASE •
(SUPERSEDING CONTRACT No. YOUR
INFORMATION AND FILE.
C, S. SHERWIN,
SECRETARY+
iat-6-29- Foam 150
`7V1,0re Crossing Contract for 750 Volts or Leflo3
AGREEMENTmade this the ........... -------w-w-------------------day of ............ Soso -------------------------...__.w---....-------.r_...__A. D. 1946----.
between the MISSOURI-KANSAS-TEXAS RAILROAD COMPANY____ :__ I:SIMS.____--_______w-____hereinafter called First Party, and
-�-- 4 ...........................
.................
---........................
rr--------r...w--------------------....-----......... .................... ----
----------------------------------------------------------------------------------------... ......................................... hereinafter called Second Party.
ARTICLE 1.
----=-----------" ollar__ - �$---__r--- 0 to it in hand paid by Second Party, the
I
n consideration o .-.- _ ___________ )
receipt whereof is hereby acknowledged, and of the covenants of Second Party hereinafter set forth, First Party hereby grants to
Second Party, for the term and upon the conditions below states d, the right to construct, reconstruct, maintain and operate an
Akin it
____wire crossing across the right of way or station grounds
constituting a part of First Party s railroad at or near ......... ..
------:------"'�-----''�------_-.................. ._-------.-.-------------._._.----_w..._-------.------.-.-r----__---------------------.-----------.--------------------------
-------................. ---r_-----------.............. -----...... and otherwise to be locat
ed as shown on Print.__ !`-----
......................................Office Engineer Maintenance of Way, dated Dallas, Texas,---------...-._`.-------------w-________.__.........
attached and made a part hereof.
ARTICLE II,
If the crossing be an overhead crossing, all poles shall be of good, heavy white cedar, or of other material approved by First
Party, of not less than six-inch tops nor less than thirty-five feet in length, placed in the ground a depth of at least six feet, well
tamped, and poles or fixtures supporting wires over tracks shall be head guyed away from the crossing and side guyed in both
directions; the tensile strength of such guys shall not be less than four thousand pounds for lines carrying from one to ten
wires, and not less than six thousand pounds for lines carrying ten wires or more. Crossarms with iron crossarm braces and
approved wood or steel pins shall be used thereon. The wire or wires shall be either galvanized iron or hard dravt*a copper wire
of not less than number ten B. and S. or N. B. S. gauge, and shall clear the rails of any track on the premises of First Party
at least thirty feet, and any wires of First Party or of The Western Union Telegraph Company thereon at least five feet.
All poles supporting the wire or wires across the track shall be double armed, one arm on each side of pole, and arms bolted
together with block between. The crossing over any track or wires shall be as nearly at right angles as possible, but the crossing
poles shall not have a greater pull than forty feet, and the crossing span shall not be greater than one hundred and ten feet
In length. No pole shall be placed nearer than fifteen feet to the main track or nearer than fifteen feet to any side track.
No wire placed or maintained hereunder shall at any time carry in excess of seven hundred and fifty volts. In all other respects
the crossing shall be constructed of material and according to plans approved in advance by First Party, and the work shall be
done strictly in accordance with said plans.
If the crossing pass under the railroad track, the wire or wires shall be placed in a wrought iron pipe or conduit underneath
the track and below the surface of the ground, and for not less than ten feet on, each side thereof, the top of the pipe or conduit
shall be at least five feet below the surface. In all other respects the crossing shall be constructed of material and according
to plans approved in advance by First Party, and the work shall be done strictly in accordance with said plans.
f
V
t
..? 4 �
ARTICLE IIi.
• in the crossing in a safe and secure manner and in a condition satisfactory to First
Second Party will found
at all times mainta
• as First Party may request, move the same or any part thereof. In the event that it is
Party, and will from time to time,
' entire right of way, Second Party will within thirty days after notice so to do( or upon
tn. shorter
necessary for First Party to use the e t g
• emergency) remove all of its poles, wires and other fixtures from the right of way Firstmaterial. if Second
the
notice, in case of an emerg y )
d Second Party will keep a reasonable space around wooden poles free of combustible vlded) after request from
crossing be overhead,
Party fails to do any of the things in this article specified within ten days except Second Party, bills for which Second Party
P y
First Party, First Party may perform the work and charge the expense thereof
will promptly pay.
ARTICLE IV.
and permission. herein granted, Second Party assumes the risk of injury to or deatoh f per -
In consideration of the license a p
suns whomsoever and
of damage to or destruction of property whossoever, in any manner growing out of,
f �senceeon or adjacent
inn
from the construction or maintenance of said wire crossing, or the existence of the same, or the Partypin connection with such
to First Party's premises of the agents, and employes or tools, implements or materials rt f to construct or maintain said wire
construction or maintenance or otherwise, or resulting from the failure of Second Party
facility in connection with such work, or
crossing as herein provided, or from the removal of any fence, er facilttle ito whether such injury to or death of persons or dam -
the failure to properly restore any such fence, cattle guardtoob other
negligence of First Party, or other companies operating
age to or destruction of property be caused •or contributed y
• extern Union Telegraph Company, its or their or either of their servants, agents or employes,
trains over its tracks, or The W demand, suit, or action or judgment therein, as well as all
or otherwise, and from and against any and everyliability, claim,
costs and expenses (including rea
sonable attorneys fees) connected therewith, for or in respect of any such injury to or death
a to or destruction of property,' Second Par ty will forever protect, indemnify and save harmless
r yr either of them.
of persons or damage
and said other companies operating trains over its tracks, and said Western Union Telegraph Company, or any
Second Party agrees to reimburse and pay to First Party or said other companies, any judgments, costs andoexpenses saim
amounts Paid out in settlement, which they ❑r any of them may be put to or may be compelled to anies oay on account erating over First F�rty's
arising under this Article IV. This agreement is made in part for the benefit of other comp p
Union Telegraph Company; and any of said companies may sue to enforce the provisions hereexf,
tracks and The Western
r severall as their interests may be joint or several. None of said companies shall be liable for any damag
either jointly o Y� .
cept that wilfully done) to the wire crossing, howsoever caused.
ARTICLE V.
The agreemen
t shall bind and inure to the benefit of the parties hereto, their successors and assigns, or heirsexecutorstee
and administrators, but Second Party shall not assign the same without the written consent of First Party ei rs Partrtmcontainedy The
minate it upon ten days' written notice if Second Party fails to keep any of Second Party s covenants her
agreement shall take ef
fect the date hereof and, unless terminated as above provided, shall continue in force for a pert intention
one
year,
r and thereafter until terminated by First Party giving to Second Party thirty (30) days notice in writing ex an
here-
to terminate the same, the agreement to terminate upon the eIxpiration of such notice; upon the termination or p
of, Second Party will prompy tl remove the crossing froin the railroad premises, and in case of Second Party's failure so to
do,
First Part ma remove the same and charge the expense thereof to Second Party. No termination or expiration hereofshall
Y Y
affect the rights and liabilities, if any, -of the parties hereunder then existing.
In TESTIMONY WHEREOF, witness our hands, this day and year first above written.
MISSOURI-KANSAS-TEXAS RAILROAD COMPANY_.___ -----•--•-----
' ............... ............
]BY -----_------ riMr--r_................. ..r.__.w.._._-.................... -. ___
Its-----------------------------------------------------------------------.............. ............
LIM T OWPAHIf *
.....................r......w.__r.-....■-....__------....-..-....rr................. ..........-............ r...rr..-...........
..._wrr_.........
---- -- � -------r--r----..-»..-..-r---------------------------------
By
Its--------------------------------------------------------------------.r--......----- -----------------------_.-----
Address-------------- ------------------- ------------------------ -------- ------------ .---------------------•.
Missouri - Kansas - Texas Railroad Company of Texas
ACCOUNTING DEPARTMENT
CONTRACT N[]. 516
AND SUPPLEMENTS
?gone tar s Cohan .:
With----..-.......................................-------------------------------------------------------------------------...-------
Address---------------------- -------------------------------------------------------------------------------------------------------.-------------
For__-_.-----_-.Fermirssion-_to-.cross__our__Right_of__Xa_y_--with- ,as --Ripe- line___-- --
. M-_ ..W- � 36..n r-__�S':a►�:L`rA. ,s ..T`l.; :� a---------------------------------------------------------------------------------
----------------------------------....._,......-----------------------------...--------------------------------------------------------------------------
_ Expires_ _ Inde dui#.. _ _ _ _
Dated ...... ............... Effective -------4.nl.-. 25 ---------- ._................
Supplement dated.................
............... Effective -----------------------
Expires
Option (to be exercised on or before .................... extending to .............. -------------------- :..._-_....
Expiration Record Noted by. ............................... indexed by ............. ............ Date ....................
Date Option must be exercised entered on expiration record by .........................................
Entered on Collection Record by
...................Account No. ....... _.............. Date --------.-----------
CollectionRecord Checked by ... ----------------------------------------------- .--------------------------------------------------
Bills to be Rendered------------------- --- --- ---- ------$--1..Qo.. -FI a.a. l
ExpireContract No# ------------------------------------- -------------------------------- -............. -...............................
Notedby -----------------------------------------------------------------------------------------------------------------------------------------
Cancelled Effective ................... __Collection Record Noted by -
Expiration Record -Noted Cancelled by ------------------------- ---------------- Date _-----------------------------------
Renewal Contract No* .................................................................... ---------------------------------------------
-
Index Cards:
Done Star Gas Co .
Denton, Texas
516
5M T-28
Form 179 Revised
Pipe Line License
made this the..__._....__so ...........................day of......AMU-
AGREEMENT---------------.A. D. 192._ between
MISSOURI-KANSAS-TEXAS RAILROAD COMPANY... --------_ .-------.hereinafter called Licensor, and
...................................................... --- - --------- ----------address-- ---------- ----- - --------- -- ------ ------State of
--- -------------- -- -------- ---------------------------- ---------- -- - --------�----.hereinafter called Licensee.
ARTICLE I.
Sift 4mak
In consideration of the payment in advance of. '"�__.'�� _'------ -----W.I....'o.-''($.-------),
receipt of which is hereby acknowledged, and of the covenants of Licensee hereinafter set .forth, Licensor hereby
grants to Licensee, for the period and under the conditions below stated, the right to construct, maintain, and
A) operate __...__ __--------------pipe line._._._hereinafter called the "Crossing" not exceeding..'-_- ------ - ----- ----
inches in diameter to be used for carrying..._ .__._----..across �g the right of way or other grounds con -
inches the Station of_ . �� __'�_...- ___ _.---State of .�.-------
stitutin apart of Licensor's railroad at or near � �� --�-maw&&&
ARTICLE II.
The crossing shall be laid and maintained at the sole cost of Licensee in a manner and with material satis-
factory to Licensor's Chief Engineer, with its top at least four (4) feet below the bottom of the ties under the
track, and at least two (2 ) feet below the surface of the ground elsewhere, so it will not interf ere with the safe
operation of said railroad or cause damage. to said Licensor's premises. If Licensor shall at any time desire
the location of such crossing changed, or removed from its premises, Licensee will on receipt of written notice
to do so, promptly make such changes as are required and restore the surface of the ground to its prior condi-
tion, or satisfactory to Licensor's Chief Engineer.
ARTICLE III.
If Licensee shall_ fail to make any change in the location of said crossing, or necessary repairs incident
thereto within ten days after notice, Licensor may do the work at the sole cost of Licensee, who will pay
Licensor's bill for actual cost plus 10110 on labor and 1 S jo on material within 24 days from date received.
ARTICLE IV.
Licensee assumes the risk of damage to said crossing and contents resulting from the operation of said
railroad, or from other causes howsoever incurred,_ and, Licensee will indemnify and save harmless Licensor from
and against all claims for injury to or deaths of persons or damage to property and for stock killed or injured,
resulting from or incident to the construction, maintenance or operation of the Crossing or its existence on
said premises f rom any cause whatsoever.
ARTICLE V.
This agreement shall bind and inure to the benefit of the parties hereto, their successors and assigns, or
heirs, executors and administrators, but Licensee shall not assign the same without the written consent of Licensor.
Licensor may terminate it upon ten days' written notice if Licensee fails to keep any of Licensee's covenants
herein contained, or if the proper use by Licensee of said premises shall in Licensor's judgment make it im-
practicable to maintain the Crossing as herein authorized. The agreement shall take effect the date hereof, and,
: __------=.__-_.-------------------.---------------and
i
unless terminated as above provided, shall continue n f orce for --------
thereafter until terminated by Licensor giving to Licensee thirty days' notice in writing of an intention to termi-
nate the same, the agreement to terminate upon the expiration -of such notice.
IN TESTIMONY WHEREOF, witness our hands, this the day and year first above written.
MISSOURI-KANSAS-TEXAS RAILROAD COMPANY -----_----
(Licensor)
soft
Sam,
-------------------------------------------------------------------------------------
Attest : (,I-.,icensee)
..........._.......___......_....__ _........._._.............. Address.___ ----------- .----------------------------------- ...........................
1 M� !Ls �B iiM Yil 7� kip 1� 1�
Miamuri ft K►anas m Texas Ra,iLmad company of Texas
ACCOUNTING DEPARTMENT
CONTRACT NO. 531
AND SUPPLEMENTS
With_.._.----.--- Ben _ Sullivat...-# ................................. :..................................................................
Address..._----------------------------------------------------------.--.----.................-----.--------------------------------------.....--.--
For---------------- Perai.ssion._ to cross __our _Right__of _ Way _ with__2"__ water eline
----------------------------------------------------- ------
.................................................................................... ................................................................ --
Bated-------- 4.-.- 1-0--*25..__._....Effective__--4---!1Q::25 _- --....Expires---Ind-efinite----------------------
Supplementdated ................................ Effective ___-._....______- _--.Expires-----._._....____._.--------------.---.
Option (to be exercised on or before ..................... ) extending to_....... ..........................:..........
Expiration Record Noted by. ............................... Indexed by.___...__._..___ --._.... Date ......... _..........
Date Option must be exercised entered on expiration record by ............................ -----_-_-
Entered on Collection Record by ------------------------ Account No. ---------------------- Date ___-_-------------__
CollectionRecord Checked by ..................................................... ___ ...... ....--------------------------------
Billsto be Rendered--------------------------------------------- ------------------------$_10_-.Q?__F-f.naL-------------
ExpiredContract No*--------------------------------------------------------------...----------......._.------......--.. ------
Notedby ---------------------------------------------------- ----------------------------------------- ........ ._......... --------------------------
Cancelled Effective... .... . ... . ...... . .. . .......... _... _...Collection Record Noted ' b
Expiration Record Noted Cancelled by__.______.._....,..._.__ -____-Date ....................................
RenewalContract No* ........................................... ...................... ..................................................
Index Cards:
Ben Sullivan
Denton, Texas
531
h
W
SM 7-18
Form 179 Revised
Pipe Line License
AGREEMENT made this the ----------- of ---_----------.A• D. 192:. between
-1 TgISSOURI-KANSAS-TEXAS RAILROAD COMPANY...__, ._ ...._._hereinafter called Licensor, and
......... -------------------------------------- --------- address ------------------ ---- ---- --- ------ - ----...------------State of
-----�---r�--------------------_---------------------------------------------------- ---- __._.hereinafter called Licensee.
ARTICLE I.
In consideration of the payment in advance ofm..- ,; - -Us Am ------
receipt of which is hereby acknowledged, and of the covenants of Licensee hereinafter set forth, Licensor hereby
grants to Licensee, for the perjod and under the condi Lions below stated, the right to construct, maintain, and
__--------..__-_._ i line called the "Crossing" not exceedin _
---------- a -�-�- - --
operate.. pipe g g-
inches in diameter to be used for carrying- -- --'.. _ : - - - - ...across a the right of way or other grounds con-
stituting a P
art of Licensor's railroad at or near the Station of ------------- __------------------- State of - ._-......
t �}D l ily a 4lN� p'�:t�i i'� llaht
as s4e/Fsr. 0", M
VIA* #60
=A 00
ARTICLE II.
with =kJJR:
tip # lattaf s
i�11rs# e� �i� ,lint
The crossing shall be laid and maintained at the sole cost of Licensee in a manner and with material satis-
factory to Licensor's Chief Engineer, with its top at least four (4) feet below the bottom of the ties under the
track, and at least two (2) feet below the surface of the ground elsewhere, so it will not interfere with the safe
operation of said railroad or cause damage to said Licensor's premises. If Licensor shall at any time desire
the location of such crossing changed, or removed from its premises, Licensee will on receipt of written notice
to do so, promptly make such changes as are required and restore the surfGLce of the ground to its prior condi-
tion, or satisfactory to Licensor's Chief Engineer.
ARTICLE III.
If Licensee shall fail to make any change in the location of said crossing, or necessary repairs incident
thereto within ten days after notice, Licensor may do the work -at the 'S-ole cost of Licensee, who will pay
Licensor's bill for actual cost plus 10110 on labor and 15 % on material within 20 days from date received.
.ARTICLE IV.
Licensee assumes the risk of damage to said crossing and contents resulting from the operation of said
railroad, or from other causes howsoever incurred, and Licensee will indemnif y and save harmless Licensor f ram
and against all claims for injury to or deaths of persons or damage to property and for stock killed or injured,
resulting from or incident to the construction, maintenance or operation of the Crossing or its existence on
said premises f rom any cause whatsoever.
ARTICLE V.
This agreement shall bind and inure to the benefit of the parties hereto, their successors and assigns, gns, or
heirs; executors and administrators, but Licensee shall not assign the same without the written consent of Licensor.
Licensor may terminate it upon ten days' written notice if Licensee fails to keep any of Licensee's covenants
herein contained, or if the proper use by Licensee of said premises shall in Licensor's judgment make it im-
practicable to maintain the grossing as herein authorized. The agreement shall take effect the date hereof, and,
unless terminated as above provided, shall continue in force for ------------- _______...--------------------------------------------------------- a n
thereafter until terminated by Licensor giving to Licensee thirty days' notice, in writing of an intention to termi-
nate the same, the agreement to terminate upon the expiration of such notice.
IN TESTIMONY WHEREOF, witness our hands, this the day and year first above written.
MISSOURI-KANSAS-TEXAS RAILROAD COMPANY.__4* ..........
(Licensor)
one
Attest: (Licensee;)
---------------------------------------------------------------------------------- .- -- Address-----.----------.----. ------- .---.----------------------------------------------
Now
wissottri 1w iCansas -Texas Railroad Company of Texas
ACCOUNTING DEPARTMENT
CONTRACT NO. 9651
AND SUPPLEMENTS
with__------ Texas __ darer Li�rh�-_C._--- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
I3a�.
Address... l a �e-__Z V -
..................-__------.---_------------_--------.------------------.--------------------__-_-_-_-_-__-..-_----
F r_�Wira__ GrA :_ r._-.._ °7- ... De -r "'__1 = ..........
..I
�.A5J-----.Effective__8,�21145---------- Expires---I�iSifl�f'_�--------------------------.
ii rr�G.�i��"/
Supplement dated ---------------------------- Effective ------------------------ Expires ------------••------------------
Option (to be exercised on or before ---------------------------- ) extending to_----------_______---.
Expiration Record Noted by_ ______________._____Indexed by----_.-_______-_--__
Date Option must be exercised entered on expiration record by____________________________
Entered on Collection Record by--__- -------------- Account No___________________ Date ------------------
Billsto be Rendered -------------------------------------------------------- ---------------- $-------------___-____----_-_. _-_------
ExpiredContract No.---.--------------_------------------------------------------------------------------------------------------
Notedby --------------------------------------------------------------------------------------------------------------------------------------
Cancelled Effective ------------------------------------ Collection Record Noted by_-.-.-____.___..---____.
Expiration Record Noted Cancelled by.__-_-_-_--.___--M___..--__-_ Date ------------------------------------ .
RenewalContract No.---------------------------------------------------------------------------------------- --.._....___.__.
Index Cards:
NBMe
Number
LoGpt-tion
Classification
Form 1872- 74
jjlr .
R .
N .
Whitman
mr .
B ,
R,
Bishop
Mr .
H.
C .
Brandt
Mr ■
■■ •
H.
Zeide.l.
IvZr ,
K.
Re
L iebarth
Mr.
I3,
T.
Dimmerman
her.
W"
A,
Thie
14r,
11,
L.
Gastler
Mr. .
0.
C.
Puts the
I��I.r.
T,
G.
Todd
Per. .
J.
�-� .
Hugh
Mr. .
Bo
D ,
Phillips
Mr,
V '.
E .
Smith
I,jr. .
J .
F ,
14asters
Mr.
P.
E .
Jacquinot
JUN 18 1977
Denison, Texas
Mr.
J.
T.
Flake..,.
Ar .
Bo
R,
Cavanaugh
ivIr. .
M.
F .
Ris ter
Mr.
L.
C,
Sulser
14r .
R.
A.
Douglas
Tvlr .
J .
C.
LaGrone
Nor.
Zvi.
W,
Compton
Mr.
C :
A.
Robertson, Jr.
Mr.
W.
L.
Morris
1Y4r .
J .
L .
Taylor,
Mr.
J .
D .
He mpe r le y
Mr.
H.
R.
Williams
Mr.-D.
L.
Taylor
Agent
Attachment to
Herewith, copy of/Contract No. 2�51 Dated 8%21�45
Su ersedes Contract No. for your inf ormation and file
.--
p -
We have received information that Contract No. dated
Has been cancelled effective
With Tema Fc"Y' 8s L3.ght Ct�mparty
Covering Kee Crossing MP 726, DentOnTexts
Copy sent to: JHHjjJTF
Superseded 'by Contract No*
P . W , NEIDERT
Aud1.tcr-D isbur cement s
MISSOURI-Ni s-ks-TEXAS RAILTIDAD COMPANY
REAL ESTATE AND INDUSTRIAL DEVELOPMENT DEPARTMENT
701 COMMERCE STREET
DALLAS, TEXAS 75202
1
(214) 651-6754
June 10, 1977 File : SCP
Ids. Betty Damron
Admin. Ass t to Manager
Real Estate & Right of Way Yivision
TEXAS P01-F! & LIGHT
1511 Bi yan St.
P . o . Box 0331
Dallas, Texas
Dear Mrs. Damron
Our Engineering Department has approved the substitution of DravdnS 1.10.
NB•-61932 for Drunawl" n "To. T--27328 in Contract Igo. 9651, dated August 21, 1945,
1513 feet 1V of Mile Post 726, near Denton, Texas.
You may attach Dray,. ITo. NB-b1932 to your copy of Contract No. 9651.
� � p
r
Yours very truly,
Donna V. Branton
dvb
cc: P. W. Neidert
f +
1511 Bryan Street • P.O. Box 6331 • Dallas, Texas 75222
Maw 9, 1977
Rs: Decatur District
#NB-61932
Mrs. Raye Reynolds, *,-Real Prop.
&.9souri-aKansas-oTsxas Railroad C o.
701 Co erce
Dal]ras� Texas 75202 0
Dear Kris. Reynolds: `
Enclosed are 10 prints of our Drawing NB-61932 covering our cro sg
over the p rope rty of Ali. s souri-n fan sas oTexas ad Company at the
following owing location:
1, 513 t NfnTT of Mile Post 726
Haar Denton, Denton County, Terms
This drawing supersedes Drawing TB--27328 which you now have with an
existing crossing. The existing contmot is dated August 21, 1945,
and was executed by Missouri,- &nsas-Texas Railroad Company of Taxas.
If this substitution is in order, please furnish as with a latter to
this effect so that we may bring oar records up to date.
Betty Damron
Enclosures
Very t raly yours,
s It to Manager
Real.. Estate & Rij�it--of-Way Division
'12-
� a
rrt
+ir .. ^+err• e.. rn r��.W..... Hy - - w+.n ..� ..-.-w+-•�r.....r,. r. -. w .. .. .... - . - ...r. +. -. •�h.w....w�-....�......... ... - ...r,.,,.,.,.._r., _..... �r ' -'-�...�,.r _..��•...-.. .... _. .. _ .._. .�....rrti a....+r�....«-..
.m-.�....- - _ . _ ._ -.. .� .... ..... .... _ _. _- ..-_
MIS SOURI-KAN SAS --TIXAS RAILROAD <C.40MPANY OF TEXAS
Mr. H. M. warden
Mr. J. J. Gallagher
Mr. J. H. Little
Mr. S. D. Sparkes
Mr. T . L . Feeler
Mr. F . B . Griffin
Mr. Clyde west
Mr. E. N. Larson
Mr. W. S. Iden
Mr. C. W . Campbell
Mr. H. w. Dividson
Mr. C. Hosmer
Mr. J. A. Johnson
Mr. L , M . Stuart
Octobor
Dallas, Tf�xa$...........................................*194........
Mr.
D.
V.
Fraser
Mr.
K.
H.
Hanger
Chief
Mech. Officer
Mr.
S.
A.
Hayden
Mr.
J.
F.
Hennessey, Jr.
Mr.
J.
G.
Livengood
Mr.
Wm.
Brain.
Mr,
J.
T.
Stephenson
Mr,
E.
H.
Titgen
Mr.
N.
C.
Gallaher
Mr,
G,
D.
Veitch
Mr.
E.
Clark
Agentat ..................................
.. • .... ■ ... . ■ .............
• + . • . • .. ■ ..... 9 . . . • .... •
Herewith copy W-. Contract +No .....................9 6> 5 1
................................. ....................... ..................
Dated, , .......... , ...............
x Pmrie& Light Ga aV
With.................. .................. ....... ...................•...................................................................................................
Covering............
f� °gar I as r a a :'-1At 2 1V �*"Of V
aU .# Texas
Location........•............•••.•..■.•►..........•■•.■•............... ............... +.■••....... •........... ...................................................
(`uperseding Contract - Lease No.) ......................................................................................................
E. D. Winslow?
Secretary
t�PY Sent To . K ..`
..:� � -C .
C
{ S
1M -2-43 Form 812
Electric Power Transmission Line:Asrose or,.
Along Railroad Company Property
THIS AGREEMENT, made this 2'9t _.day of at��... 19 M, be-
tween the Missouri -Kansas -Texas railroad CompanY_--!PK�hereinafter called
"Railroad Company", as First .Party, and
hereinafter called "Power Company", as Second Party.
wITNESSETH
THAT, The Railroad Company ovens, maintains .and operates a railroad track or tracks at
the location shown on Map No.� ' , marked Exhibit "A".
The Power Company desires to construct, maintain and operate an. electric power trans-
mission line across or along the right of way of the Railroad Company, as shown on Map Exhibit
"A",. attached and made a part hereof.
The Railroad Company grants to the Power Company a license and permission to con-
slrUct main tain and use a high: ° tension electric power transmission line consisting of poles or
in.etal- towers and a maximum of two VIDphase,
Cycle wires carrying Nrolts across or along the right of way and/or station
o 'of h Railroad COc�`� any at Mile Post � _ _ at or near, OWUMATMAO
grounds the p y
station, the location of said transmission line being more particularly described as follows:
as shown on. Map No. TB,27328 marked Exhibit "A". For . convenience, the said transmission
line, with all towers, poles, wires and appurtenances insofar as they relate to said transmission
line upon said right of way anti/or station grounds, is hereinafter called the "power line."
In consideration of the foregoing grant, the Power Company covenants and agrees with the
Railroad Company, as follows:
I . To pay to the Railroad Company in advance, as follows
The sum of Ten ]Dollars ($10.00) for life of crossing.
The- surn of Ten Dollars ($10 " 00) per mile or fraction thereof per annu �r-
power line located on right ofway or station grounds.
2. At its sole expense to construct, reconstruct, and at all times maintain the power line
in strict accordance wi%*."
c h t' ci r t, r ve ead Cra si s E ec--
tric Light and Power Where by statute or order ocompetent public authority a different type of construction or a dif-
ferent degree of maintenance is required or permitted, in which case such construction, recon-
struction or maintenance shall be in strict accordance with such statute or order, to the end that
no damage shall occur to the property of the Railroad Company; provided, however, that all ma-
terials and workmanship employed in the construction, reconstruction and maintenance of the
power line shall be subject to the approval of the Railroad Company's Chief Engineer or other
designated officer.
I A 1 a n"apense to make such reasonable re airs to or than es in loca-
tion of said power line as in the Judgment of the Railroad Company's- Chief Engineer or other
designated officer, shall be deemed necessary to avoid interference with or danger in the use or
operation of said railroad, or any of its present or future appurtenances, or telegraph, telephone,
signal or other wires on the Railroad Company's right of way, and in event it is found necessary
for the Railroad Company to use its entire right of wav an 3 rtio of it occupied by such
transmission line, the Power Company shall at its sole,�e� o v thirty days of ter notice
so to do (or upon shorter notice in case of emergency) remove said power line, or so much
thereof as is located upon that portion of the right of way so required by the Railroad Company
from its property.
4. That it will assume all, risks of loss, injury or damage of any kind or nature whatso-
ever to its property (including power line) , and .to property of Railroad Company � ��in-
cluding employees of Power Company and Railroad Company) upon. Railroad Company's right
of w ay with Railroad Company's consent, regardless of how caused, . ,
tamaupEl_n�_ __Y ��. ,��rts, arising or growing out of or in any manner resulting
from the construction, maintenance, use or presence of the power line upon Railroad Company's
premises, or its relocation thereon or removal therefrom, and will protect, indemnify and save
harmless Railroad Company, ��.' from all claims or demands,
or suits or actions growing out of any such loss, injury ordamage, including court costs and
attorney fees resultin or in any manner arising from the risks herein assumed by Power Com-
pany, Winless such0
oss, injury., or doge results from the sole negligence of
Rail-koad Companye
That it will assume the risk of injury to or death of its officers or employees, or other per-
sons, upon or about said premises at its or their instance, license or invitation, regardless of
hoer caused and regardless of the negligence of Railroad Company , and will pay,
satisfy and discharge all. legal liabilities of Railroad Company, � _ �--e��
arising car in any manner resulting from the construction, maintenance, use or presence of the
power line upon Railroad Company's premises, or its relocation thereon or removal therefrom, and
will protect, indemnify and save harmless Railroad Company, `
c_L_ *Tay, from and against all claims or demands, or suits or actions, including court costs and
attorney fees, growing out of any such injury or death, the risk of which is herein assumed by
PcIwer Company., wless such loss.,, injur o or daage results fr= the sole negliw
genre of Railroad Comp.
—2---
.i, ,[r • �7 �;su� e all riksk of in' ur y to or death t � of persons whoi-nsoever9 and loss of or
1 ��L.� � �t 1F .��� Llr._ 1
il
` 113��f�'e to property -\�°hosesoe,\,er, caused by it or its e�Y�plt�� ces, or by persons upon or about
the premises a t N.s or Their inst�.r�ce, license or invitation, or caused by the construction, main--
tez7ance, use,. c�t�eratic_,��, relocatit�n, or removal of the tower tine or its presence on Railroad Cn.il--
1m T's right �) l* way, and will protect, indemnify aY-i d save h:lrmless Railroad Company,
I. S .,
Q L11 i;- �.r�Qf.-..�:a.y from all claims or demands, or suits or actions growing out
of ally such loss, injury or damage, including court costs and attorney fees resulting or in any
y arisin from the risks herein assumed by Powc Company uncles, � ch � �`
w~e ` -nvp this aLlreement is made in -Dart for the herlefit ref t-11-11Ax- n�r�^'ten ��'•� �---- r`----___
It is u,aerstood and agreed that Railroad CorlIpany shall give Power
d
written, notice of y Written claim, demand, or cause of
Company prompt
• t or f iled a ai is ' it groylilag out of any of the risks
action prese, e+�ted a ,, 1 .
• b Favie r Com a.n uA e s s it appears that 11mrTe r Company
herein assumed y p y � Company shall 11 have
has otherv�tis e been €given xlotice thereof; and Doti er p y .
• n against iris t an such claim, demand, or cause of action.
the right t❑ defend d g Y
__ ._.. . AAA uompany
inn cause such coliditioi-I to be n-lade safe, or change 01' location to be made, or changes required
y
for (affording protection from electrical interference to be made, or power line to be removed
fro�rn the B'd1road Company's property, and the Po-\\,t�r Company shall, on deniand, promptly
rei inburse the Railroad Company the whole cost thei°r. cent on labor, and 15 per
',It c,I� �� � t �ri� l ��se cl irr such work, and incl.udin (V l•`eof�, plus 1.o pe�1{tend, S t,ate or other lawfully authorized
ta~ies �'OI' RCS t trer r k�nt, Social ea�urity, or other laws c_ r• rc ��ula � ��� � � � '��'��' "4 �I,, 4., " , A,.►ti l�
C This agreement shall be b i4ad i:z� upon aad inuro to the buno o-
� � assigns, t�
fit of 0 the parti(;s hereto, their succes ;ors � d a.ssig s, a.iid shall
also inure to th(; benefit of the pr e s e at or future f e ra �Zt or t e a t s
of the Railroad Coi ipaay and others usi-1�z itts ra �lzt o.� gray car faces'
ilities ��ritl� its co xseiit to the sarz:e a..aJ litre eff Oct C s if such
teriant or tenants ivere specif ically : a-Med i. -L this a.€ reari; e=lt as p�O-r-
�+ "7 f � o � � ►�� ►J �. rr 1.�.
ties to be benefited thereby, but the Fav,!e r C omjj,tia_azy sl� � 1 i
the same vi shout the wit uer' co.�scxit oI the Ra il.t� oa d Coin _�Iry. _ �e
Izailr oad Cona paay may termiriate it upor tr: l j daysrrz t Lo10 t.ce
if the Power Compaiay fails to keep aAiy o i' its covezian is he re iii c On-
to ine d ■
■. .1 A Y 11141 L-il i y 1 i. A 11 ii w �.ai 4 1 4 r,: JL.L c..-1 Lit •.[V .��.1 [..i 1.iL.�t.A- 4].l.L LC.I 11-[:J JL1U1- C kJL , 111 110111 1.11C�ri-LILT ►�ULAlI C.1xC�ii C7�
a niendnlents toor alterations therein as it and Power Company may agree upon, but any such
challiv �, -.1zilendillent or alteration therein or thereto shall not affect any liability then owing by
I CINVO r C� om ne-i nv, to n nv such te:«ant or other Persons, Includin � Western Union rel.egraph Com
7. This agreement s ha. l l tale effect t'Do date hereof, and un.
less soolaer terriinated as above provided, shall coa-ti�iue i.l"z forco
so long as Povier Compariy shall use said crossing for tl7e purpost.s
herein provided and in strict corny.. lia nce rrith the terms a is � xovi_s W
io is hereof. Upoiz the terrai�.�a.tio � hereof, F'o;r er Cor�l:,c� .y �� i.11
promptly renrovo said po? ire r line, and all property used by it in
coilnection therevrith, from iiailroad Co',Iipany s premi. yes, and is
ca s e of fa i lure of Poykrer Conn rany s o to do Ra i frod :omi;.",a►rra y
ror►love the same and charge -1:1he ex r,,Ciasc -'G ereo to Po?=:rer 001,- _Iaray
on the basis provided is Se c� ioia 5 hereof. i- o ter}o.i Aa.ta_ou hereof
shall affect rights and liabilities, if any, of the parties
hereto then exit) ti .g.
or
In Testimony whereof, witness our hands, the day and year first above written.
MISSOURI-KANSAS-TEXAS RAILROAD COMPANY OF T
B (S9d) H. M Warden
Y
Its ViceowPresident'& amoral Mmapr
THU.-S.3 RUM L LIGHT, COMPS* a Coat ion
B (Sgd)W�d-fit
s
Its Tic 8idett
Nr N% FE04MISSOURI- KANSAS-TEXAS RAILROAD COMPANY
'/� ACCOUNTING DEPARTMENT
IN"
u �
fn CONTRACT NO., 3I�/�
AND SUPPLEMENTS
//jj f�
:7
With 4r ---- _----___rr___r._r+ _w_r_____www___
--------------------------------------------------------------------------
4
For -C--c2--
--
2.L 4i�:)- a--Xe�
----------------------
Effective -�� 6 ---- Expires--=&G/2
Supplement dated----------------- Effective -------------- Expires ------------
Option (to be exercised on or before___________) extending to__________________
Expiration Recorded Noted by ---------- Indexed by ---------- Date _-----__w_--
Date Option must be exercised entered on expiration record by ------------------
Entered on Collection Record by_________ Account No ---------- Date ____rr_____
Collection Record Checked by-----------------------------------
Bills to be Rendered _i�- -------------------- $--L_7`�--------------
Expired Contract No ------------------------------------------------------ .-
Notedby---------__-_______________.___-________-___-____r__r____-______-
Cancelled Effective________________ Collection Record Noted by________r_-___-_
Expiration Record Noted Cancelled by ------------------- Date________________
Renewal Contract No. --------- _____..----------------- _-____r______..___
Index Cards.
t-Of 14"ALLA-115. TEIV�*!"NF C"PAVYt PC*
flo PRok �7
Def-loo, Tax*& 7%, 65
MAKE CHECK PAYABLE TO
MISSOURI-KANSAS,,TEXAS RAILROAD COMPANY
REMIT TO TREASURER 709 Commerce St., Dallas, Texas 75202
H A �01. I NG rl. 0AP-GrE d%w wider term ond ewidit tons of CaawmW" at ion t- i no
t4clef"'M* dist*4 octabor 1,4 V-4-86-t vavortN ww buried t*leptwne cablo at
file Post XP*777*51 Corinth Rd) In tak-v 06,11090 V-
Bill Audit No.
Month's Acct-
RE&ID#
DATE
FILE
st,7,s:.,r
COXY
Farm 150
Rev 1 77
COMMUNICATION LINE LICENSE
THIS AGREEMENT No. 7512made this 1st day of ., Octoh.er , 19
between the MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, hereinafter called "Licensor"'. and
LAKE DAL LAS TELEPHONE COMPANY INC .
a Texas co r tion
hereinafter called "Licensee".
wITNF-SSETH:
ARTICLE I.
1. Term: This agreement shall take effect the date hereof, and unless sooner terminated as provided herein, shall
continue in force so long as used for the purpose herein set out f Ing Pxuntil terminated by either
party giving the other party not less than thirty (30) days" advance notice in writing of an intention to terminate the same, the
agreement to terminate upon the expiration of such notice.
2. Consideration and Description: In consideration of ONE HUNDRED SEVENTY-FIVE AND N0/100-----
w w w w w w w w w. w r. w� w ■.. w w w..w ^w w w ..... w w w• .. w. w w. w .... w,w w,w w ■� ,�w w..� ,..._w ......., w --.. w.w �.w... w w.w - w• .F w � 175. 00 AR
...,^.1 � j� * L ■ F[ . J .
■I OL
receipt of which is hereby acknowledged, and of the covenants of Licensee as hereinafter set forth, Licensor hereby grants a license
and permission to Licensee to construct, reconstruct, use, maintain, repair, operate and install one buried
tele h ne cable at Mile Post K-727. 53 N. Corinth Road
communication line Crossing, situated on, across or along Licensor's property at ornearLnkQ -DallaS . in the Counter
of Dentnn 7 and State of Texas For convenience, the said communication line with all towers,
poles, wires, and appurtenances insofar as they relate to said communication line upon said right of wad' is herein called
"Grossing"". The location of said Crossing is more particularly described as follows:
All as shown on Licensor's print of Drawing No. B-4871, Engineering
Department, Denison, Texas, dated June 5, 1986, revised September 23,
1986, marked Exhibit "A" , attached hereto and made a part hereof,
ARTICLE II.
Licensee undertakes and agrees:
K l . Specifications: All crossings shall be constructed, reconstructed, used, maintained, operated, repaired and ivestalkd in
strict accordance with the specifications for the time current of the National Electrical Safety Code —Part 2."Safety Rules for the
Installation and Maintenance of Electric Supply and Communication Lines", provided that all material and workmanship
employed in the construction, reconstruction, use, maintenance, operation, repair, and installation of the Crossing shall be subject
to the approval of Licensor"s Chief Engineer. In any event, however, no Crossing placed hereunder shall at any time carry in excess
of seven hundred fifty (750) volts. If the Crossing is aerial, it shad clear the rails of any track of Licensor at least thirty (30") feet, and
no poles shall be pie cod nearer than fifteen (15') feet to the main track or any side track. The Crossing over any track shall be as
nearly as possible at right angles. If the Crossing is buried, it sha11 be placed in a conduit where the top of the conduit is at least five
and one-half (5-1/21) feet beneath base of rail and five and one-half Os-1/2') ) feet
beneath surface of ground at all points heath in Licensor' s right of way.
2. Present occupants: To snake appropriate arrangements with any person or legal entity occupying the premises
affected hereby pursuant to a lease or other permission granted by Licensor, so that Licensee's said Crossing will not
unreasonably interfere with the use of the subject property, or create undue hardship on the person or legal entity occupying the
premises.
3. Liability: Licensor shall not be liable for any damage to said Crossing or the contents thereof, howsoever, such damage
shall be caused, whether by the negligence of Licensor, its agents, employees, or otherwise.
Licensee assumes the risk of, and shall protect, indemnify and hold harmless Licensor from and against all IiabiIit%, for or
on account of injury to or death of any and all persons or damage to property, including livestock killed or injured, resulting from
or incident to the const ruction, maintenance, use, operation, relocation, reconstruction or existence of sa id Crossing on Licensee's
premises, or the removal thereof from said premises, or to the restoration of or failure to restore said premises to their prior or
other condition as herein provided, whether such injury, death, or damage shall be caused or contributed to by the negligence of
Licensor, its agents, employees or otherwise, and Licensee will protect, indemnify and hold harmless Licensor and any others
legally using its right of wa} , from all claims, demands, suits or actions growing out of any such loss, injury or demands including
investigation costs, court costs, and attorneys' fees resulting or in any manner arising from the risks herein assumed by Licensee.
Licensee further agrees to immediately investigate any such claims, demands or suits and shall defend, settle and/ or othem-Ise
dispose of the same at its sole cost and expense. In the event Licensee settles any such claims, demands, or suits, it shall obtain a
release which includes Licensor.
Licensee shall not have or make against Licensor any claim or demand for or on account of any damage Licensee may
suffer or sustain because of any failure of Licensoe's title to the right of way and lands occupied by said Crossing or any part
thereof.
4. Waiver: To waive all right to question the validity of this License or any of the terms or provisions hereof, or the right
or power of Licensor to execute or enforce the same.
5. FIBER OPTICS: The rights granted herein are subordinate to, and shall not
interfere with, any rights previously granted to other parties for the installation,
maintenance and operation of any fiber optic communication systems e
ARTICLE III.
It is mutually agreed by and between the parties, as follows:
L(a) Repairs and Relocation: Licensee will at all times maintain the Crossing in a safe and secure manner, and in a
condition satisfactory to Licensor. Licensor may request Licensee to change the location of the Crossing, or any part thereof, or to
ma ke reasonable repairs as in the judgement of Licensor sha11 be deemed necessary to avoid interference with or danger in the use
or operation of Licensor"s railroad, or any of its present or future appurtenances, or telegraph, telephone, signal or other lines on
Licensor"s right of way, and in the event it is found necessary for Licensor to use its entire right of way, or any portion of it occupied
by the Crossing. Licensee shall at its sole expense, and within thirty (30)days after notice sotodo, (or upon shorter notice in case of
emergency), remove said Crossing, or as much of the Crossing as is located upon that portion of the right of way so required by
Licensor.
N If Licensee shall fail to perform any of its obligations contained in this agreement to the maintenance of safe
conditions in and about said Crossing or as to the protection of wires from electrical interference on Licensors property or to make
any necessary repairs, or to relocate said Crossing, then Licensor may cause such condition to be made safe, or change of location
to be made, or repairs to be made, or Crossing to be removed from Licensor's property, Licensor acting as the agent of Licensee,
and may perform such work as is necessary in the judgement of Licensor, and Licensee shall, on demand, promptly reimburse
Licensor the whole cost thereof, plus ten (10%) per cent thereon as a charge for supervision, accounting, and use of tools; or
Licensor may terminate this License by giving to Licensee not less than ten (10) days' advance written notice of its intention so to
do.
2. Termination: Licensor may terminate this License upon ten (10) days' written notice if Licensee fails to keep any of
Licensee's covenants herein contained, or if the right of way is required for other purposes by Licensor, and no reimbursement
shall be made for Licensee's expenses incurred in the removal of this crossing or the consideration paid for this License. No
termination or expiration shall affect the rights and liabilities, if any, of the parties hereto then existing.
-2-
3. Restoration: Upon the termination of this agreement, whether in accordance with the provisions of Paragraph l of
Article 1. or Paragraph 2 or 4 of Article I11, or otherwise, Licensee shall prompt I), remove said Crossing from Lieensor`s right of
way..'and restore said right of way to its prior condition, or jo a condition satisfactory to Licensor. if Licensee shall fail to remove
Baia f ros' sing within thirty I30I days after the termination of this agreement, Licensor may remove the same, and charge the
expense therefor to the Licensee on the basis provided in Paragraph l(b) of Article 111.
4. Miscellaneous: (a) This License and all of the provisions herein contained shall be binding upon the parties hereto,
their heirs, executors, administrators, successors and assigns, and Licensee agrees to supply notice in writing to Licensor of any
name changes. Licensee agrees not to assign this License or any interest therein, without the consent of Licensor in writing. and any
and every such attempted assignment without such prior written consent shall be void and of no effect. In the event of an%'
assignment, Licensee shall at all times remain fully responsible and liable for the payment of the rental, if any, herein specified and
for the compliance of all of its other obligations under the terms, provisions, and covenants of this License.
(b) In the event rent is pa id annually, Licensor expressly reserves the right to increase the above rental rate on any yea rly
anniversary date of this license by giving Licensee thirty (30) days' written notice. Licensor may increase the rental by the
percentage that the Consumer Price Index has increased, published by the Department of Labor, since the last rental
4.
increase period. or the last anniversary date hereof.
(c) The personal pronouns used herein as referring to Licensee shall be understood so to refer to Licensee whether
Licensee be a natural person, a partnership, or a corporation, or any combination thereof.
(d) Any notice herein required to be given by Licensor to Licensee shall be deemed properly given if served upon or
delivered to Licensee or his authorized agent, or if posted on or if mailed, postpaid, addressed to Licensee at his last
known place of business.
(e) No oral promises. oral agreements, or oral warranties shall be deemed a part of this License, nor shall any alteration.
amend ment, supplement, or waiver of any of the provisions of this license be binding upon either party hereto unless the
same be supplemented, altered, changed, or amended by an instrument in writing, signed by Licensor and Licensee.
(f) This License does not become binding upon Licensor until executed by Licensor's vice-president.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written
M ISSOURI-KANSAS-TEXAS RAILROAD COM PAN'A'
By �-
' e-President
LAKE D AL LAS TELEPHONE COMPANY , INC.
By oe
Title - . dent
Address: P. 0. Box 547
Lake Dallas, Texas 75065
File: T-271
MISSOURI-KANSAS—T'.:. '•r RAILROAD CO.
11
COPY FOR
.AP ED c?
� 7--
GINAT NG FIC;j:'t a DST
VICE-PRES.. �PERAT10 i 4 DATE
� Ft—DATN E
-7.
V. 'f S I7ATE
�-- COMPTR 13, 6A E
or
COUNS L _" 4
v w-o a a
AT
I E-PRES. PROP. MGMT. ���►
iVJQJ�-PRES. RE & ID DATE
415 TUC M-404NW, rwfW--VA0 44tf I hC
UA0 00-1146-t Texas -71%15
MAKE CHECK PAYABLE TO
MIS SOURI-KANSA&wTEXAS RAILROAD COMPANY
REMIT TO TREASURER 70d Commerce St., Dallas, Texas 75202
Ur-1.Vq,,G lrliAMMA duio *"der tom mu l conditions, of (7wo-ftnicatim tit*
datmi- 'XINtaber it lvew, eovarfw, orw. Wriwl t*lvoham Ole at
mil 081106 W". --.. - . - .1.
- e, Post Shadry- fro R-d) in L *e, , T'X*w
l
Bill Audit No. r
Month"s Amt.
RE&ID#
DATE
FILE T4471
1 t 754
Xxx C-0-ax
Form 150
Rev 1 77
COMMUNICATION LINE LICENSE
THIS AGREEMENT No.0 ade thi
Isa , of October , 19 86
between the M I SSGU RI+-K ANSAS-TEXAS RAILROAD COMPANY, hereinafter called "Licensor and
LAKE DALLAS TELEPHONE COMPANY, INC,
a Texas corporation
hereinafter called "Licensee".
WITNESSETH:
ARTICLE I.
1. Term: This agreement shall take effect the date hereof, and unless sooner terminated as provided herein, shall
continue in force so long as used for the purpose herein set out f until terminated by either
party giving the other party not less than thirty (30) days' advance notice in writing of an intention to terminate the same, the
agreement to terminate upon the expiration of such notice.
si eration and Description: ONE HUNDRED SEVENTY-FIVE AND ND/1D�------
2. Con tion: In consideration of d p
DOLLARS.
receipt of which is hereby acknowledged, and of the covenants of Licensee as hereinafter set forth, Licensor hereby grants a license
and permission to Licensee to construct, reconstruct, use, maintain, repair, operate and install Qne buried
t Mile Post K- 726.82 (Shady Shores Rd
communication line Crossing, situated on, across or along Licensor's property at or near s , in the Countk-
of__. 12=ton , and State of Texas . For convenience, the said communication line with all towers.
poles, wires, and appurtenances insofar as they relate to said communication line upon said right of way is herein called
"Crossing". The location of said Crossing is more particularly described as follows:
All as shown on Li cens or' s print of Drawing No. A- 31, 274 , Engineering
Department, Denison, Texas, dated June 6, 1986, revised September 23,
1986 marked Exhibit "A".. attached hereto and made a part hereof,,
ARTICLE 11.
Licensee undertakes and agrees:
I. SpecircatIons: All crossings shall be constructed, reconstructed, used, maintained, operated, repaired and iIastaIled in
st rict accorda nce with the specifications for the time current of the National E lectricaI Safety Code— Ps rt 2, "Safety R u k s for the
Installation and Maintenance of Electric Supply and Communication lines", provided that all material and workmanship
employed in the construction, reconstruction, use, maintenance, operation, mpair, and installation of the Crossing shall be subject
to the approval of Lice nsor's Chief Engineer. In any event, however, no Crossing placed hereunder shall at any time carry in excess
of seven hundred fifty (?So) volts. If the Crossing is aerial, it shall clear the rails of any track of Licensor at least thirty (30") feet, and
no poles shall be pis cod ntarer than fifteen (1 Y) rest to the main track or any side track. The Crossing over any track shaft be as
nearly as possible at right angles. If the Crossing is buried, it shall be placed in a conduit where the top of the conduit is at least five
and one-half (54/21) feet beneath base of rail and five and one-half (5-1/21) feet
beneath surface of ground at all points arithin Licensor' ■ right of way.
2. Present occupants: To make appropriate arrangements with any person or legal entity occupying the premises
affected hereby pursuant to a lease or other permission granted by Licensor, so that Licensees said Crossing will not
unreasonably interfere with the use of the subject property, or create undue hardship on the person or legal entity occupying the
premises.
3. Liability: Licensor shall not be liable for any damage to said Crossing or the contents thereof, howsoever, such damage
shall be caused, whether by the negligence of Licensor, its agents, employees, or otherwise.
Licensee assumes the risk of, and shall protect, indemnify and hold harmless Licensor from and against all liability for or
on account of injury to or death of any and all persons or damage to property, including livestock killed or injured, resulting from
or incident to the construction, maintenance, use, operation, relocation, reconstruction or existence of said Crossing on Lice nsoe's
premises, or the removal thereof from said premises, or to the restoration of or failure to restore said premises to their prior or
other condition as herein provided, whether such injury, death, or damage shall be caused or contributed to by the negligence of
Licensor, its agents, employees or otherwise, and Licensee will protect, indemnify and hold harmless Licensor and any others
legaIIy using its right of way, from all claims, demands, suits or actions growing out of any such loss, injury ordemands including
investigation costs, court costs, and attorneys' fees resulting or in any manner arising from the risks herein assumed by Licensee.
Licensee further agrees to immediately investigate any such claims, demands or suits and shall defend, settle and/or other►-ise
dispose of the same at its sole cost and expense. In the event Licensee settles any such claims, demands, or suits, it shall obtain a
release which includes Licensor.
Licensee shall not have or make against Licensor any claim or demand for or on account of any damage Licensee may
suffer or sustain because of any failure of Licensor"s title to the right of way and lands occupied by said Crossing or any part
thereof.
4. Waiver. To waive all right to question the validity of this License or any of the terms or provisions hereof, or the right
or power of Licensor to execute or enforce the same.
5. FIBER OPTICS: The rights granted herein are subordinate to, and shall not
interfere with, any rights previously granted to other parties for the installation,
maintenance and operation of any fiber optic communication systems.
ARTICLE III.
It is mutually agreed by and between the parties, as follows:
L(a) Repairs and Relocation: Licensee will at all times maintain the Crossing in a safe and secure manner, and in a
condition satisfactory to Licensor. Licensor may request Licensee to change the location of the Crossing, or any part thereof, or to
make reasonable repairs as in the judgement of Licensor shall be deemed necessary t❑ avoid interference with or danger in the use
or operation of Licensor's railroad, or any of its present or future appurtenances, or telegraph, telephone, signal or other lines on
Licensor"s right of way, and in the event it is found necessary for Licensor to use its entire right of way, or any portion of it occupied
by the Crossing, Licensee shall at its sole expense, and within thirty (30)days after notice so to do, (or upon shorter notice in case of
emergency), remove said Crossing, or as much of the Crossing as is located upon that portion of the right of way so required by
Licensor.
(b) If Licensee shall fail to perform any of its obligations contained in this agreement to the maintenance of safe
conditions in and about said Crossing or as to the protection of wires from electrical interference on Licensor's property or to make
any necessary repairs, or to relocate said Crossing, then Licensor may cause such condition to be made safe, or change of location
to be made, or repairs to be made, or Crossing to be removed from Licensor's property, Licensor acting as the agent of Licensee.
and may perform such work as is necessary in the judgement of Licensor, and Licensee shall, on demand, promptly reimburse
Licensor the whole cost thereof, plus ten (10%) per cent thereon as a charge for supervision, accounting. and use of tools; or
Licensor may terminate this License by giving to Licensee not less than ten ( 10) days' advance written notice of its intention so to
do.
2. Termination: Licensor may terminate this License upon ten ( l o) days' written notice if Licensee fails to keep any of
Licensee's covenants herein contained, or if the right of way is required for other purposes by Licensor, and no reimbursement
shall be made for Licensee's expenses incurred in the removal of this crossing or the consideration paid for this License. No
termination or expiration shall affect the rights and liabilities, if any, of the parties hereto then existing.
3. Restoration: Upon the termination of this agreement, whether in accordance with the provisions of Paragraph I of
ArA:ick 1, or Paragraph 2 or 4 of Article 111. or otherwise. Licensee shall promptly remove said Crossing from Licensors right of
wa►.. and restore said right of way to its prior condition, or to a condition satisfactory to Licensor. If Licensee shall fail to remo►c
saiiL .Crossing within thirty (30) days after the termination of this agreement, Licensor may remove the same, and cha a the
expense therefor to the Licensee on the basis provided in Paragraph I (b) of Article 111.
4. Miscellaneous: (a) This License and all of the provisions herein contained shalt be binding upon the parties hereto.
their heirs, executors, administrators, successors and assigns, and Licensee agrees to supply notice to writing to Licensor of any
name changes. Licensee agrees not to assign this License or any interest therein, without the consent of Licensor in writing, and an%*
and every such attempted assignment without such prior written consent shall be void and of no effect. 1n the event of an%'
assignment. Licensee shall at all times remain fully responsible and liable forthe payment of the rental, if any, herein specified and
for the compliance of all of its other obligations under the terms, provisions, and covenants of this License.
(b) In the event rent is paid annually, Licensor expressly reserves the right to increase the above rental rate on any yea rlN-
anniversary date of this license by giving Licensee thirty (30) days' written notice. Licensor may increase the rental by the
percentage that the Consumer Price Index has increased, published by the Department of Labor, since the last rental
increase period, or the last anniversary date hereof.
(z) The personal pronouns used herein as referring to Licensee shall be understood so to refer to Licensee whether
Licensee be a natural person, a partnership, or a corporation, or any combination thereof.
(d) Any notice herein required to be given by Licensor to Licensee shall be deemed properly given if served upon or
delivered to Licensee or his authorized agent, or if posted on or if mailed, postpaid, addressed to Licensee at his last
known place of business.
(e) No oral promises. oral agreements, or oral warranties shall be deemed a part of this License, nor shall any alteration.
amendment, supplement, or waiver of any of the provisions of this license be binding upon either party hereto unless the
same be supplemented, altered, changed, or amended by an instrument in writing, signed by Licensor and Licensee.
(f) This License does not become binding upon Licensor until executed by Licensor's vice-president.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written
File: T_271
M ISSOURI-KANSAS-TEXAS RAILROAD COMPANY
By44
ice-Presi �nt
LAKE DALLAS TELEPHONE COMPANY, INC.
By
Title Vi ce--Pres ident
Address: P , 0. Box 547
Lake Dal ias , Texas 75065
511
MISSOURI-KANSAS-TEXAS RAILROAD CO.
COPY FOR RECORDS
qR VEI7
OR I .YiNATI G JICERqSATE
VICE-PRES. OPERATION
DATE
f
• • P. I DATE
COMPTRO
■ ,� r • .. • r .rw�wa
'
CO NS
DATE
p.��
T
r
je c
ICE-PRES. ,PROP. 11MT.
D' TE
. . ■ ■ ■ .. .. r w.. r r r.. r w r .. ■ • • . ■ ■ • / . ■ ■ • ■ . ■ ■ ■ ■ ■
VWZ-I'•, -M RE & ID DATE
J
I01
I
96'r-
f
tQ'wl-)rdl• 41►'q4%
I
1
1
1
l
1
Mr.'
R.
No
Whitman
jar.
W.
He
Zeidel
Mr.
Be
R.
Bishop
Mr.
F.
Jo
Heiling
Mr.
W.
A.
Thie
Mr.
Ko
R.
Ziebarth
Mr.
R.
E.
Darling
Mr.
00
Co
Putsche
Mr.
T.
G.
Todd
Mr.
H.
T.
Dimmerman
Mr.
it
He
Hughe
Mr.
L.
It
Nearmeyer
Mr.
v.
E.
Smith
Mr .
V .
1.
Flake
Mr .
D.
W.
Beav
Form 18T2-4 4
MAY 8
Denison, Texas
Mr.
J .
L.
Boots
Mr .
J .
D .
Spar
Mr.
M.
F.
Rister
Mr.
C.
W.
Merwarth
Mr.
R.
A.
Douglas
Mr.
J.
Co
LaSrone
Mr.
M.
we
Compton
Mr.
Co,
A.
Robertson, Jr..
Mr .
M.
E .
Stringer
Mr.
J .
L.
Taylor
Mr.
C.
L.
Seidlits
Mr.
C .
Go
New
Mr.
D.
L.
Taylor
Agent
Herewith copy of Contract No. 28632 Dated 1/16/73
Supersedes Contract Not
for your information and file.
We have re
ceived information that Contract Not dated
has been cancelled effective Superseded by. Contract No.
With Texas Power&At C
r t �s s ion line a �rox 2 ' s . of i�3.1 Road or 1 � '
Coveringc e of �.
from MP 722,Lake Da],lras Texas Draw. �1 $._A.M==
Copy, seat to:
JHH, MS., DWB
P. W, NEIDERT
Auditor -Disbursements
Zit=3-58,/
ELECTRIC POWER TRANSMISSION LINE ACROSS
OR ALONG RAILROAD COMPANY PROPERTY
THIS AGREEMENT, made this 16th day of Janus , 19 7,� j be-
tween the Missouri--Fansas--Texas Railroad Company
, hereinafter
called "Railroad Company", as First ?.arty, and_ TEXAS POWER LIGHT COMPANY
hereinafter called "Power Company' as Second Party.
WITHESSETH
THAT, The Railroad Company owns, maintains and operates a railroad track or
tracers at the location shown on MKXXXXXXXXXXXXXXXXXKKxkK4t Exhibit "A".
The Power Company desires to construct, maintain and operate an electric power
transmission line across or along the right of way of the Railroad Company, as shown
on Map Exhibit "A", attached and made a part hereof.
The Railroad Company grants to the Power Company a license and permission to
construct, maintain and use a high tension electric power transmission line consist-
ing
of poles or metal towers and a maximum of th. re e 13)
phase, _ sixty . (601 Cycle wires carrying 7, 2J12.5 KV-
volts across or along the righ-u of way and/'or station grounds of the Railroad Company
at Mile Post
725
at or near- Lake Dallas-, Texas.-. ,.,s:k&k:k=j the location
gf said transmission line being more particlarly described as follows:
Said aerial transmission line crosses Railroad Company' s , tracks and right of
gray at a point approximately 2,095 feet south from the' intersection of
Mayhi l l Road or approximately 1, 525 ,feet from Railroad Company's -Mile Post
marker 725, all as shown on Power Line Company's Drawing NB51585, attached
hereto and made a part hereof.
_low
as shown �on -)I4[X-Xx.X-X-X-xX-X-X-X-X-XW;CIXIC Tj;xhibit "A". For convenience, the said trans-
mission line, with all towers, poles, wire and appurtenances insofar as they relate
to said transmission line upon said right of way and/or station grounds, is herein
after called the "power line".
In consideration of the foregoing grant,the Power Company covenants and agrees
with tht Railroad Company, as follows:
1. To pay the Railroad Company in advance, as follows:
ONE HUNDRED FIFTY AND N01100 ($150.00) DOLLARS, a one --time charge
2. At its sole expense to construct, reconstruct, and at all times maintain
the power line in strict accordance with the specifications, for the time current,
for overhead Crossings of Electric Light and Power Lines, of National Electrical
Safety Code, U.S. Bureau of Standards, except where by statute or order of competent
public authority a different type of construction or a different degree of mainten-
ance is required or permitted, in which case such construction, reconstruction or
maintenance shall be in strict accordance with such statute or order, to the end
that no damage shall occur to the property of the Railroad Company; provided, how-
ever, that all materials and workmanship employed in the construction, reconstruc-
tion and maintenance of the power line shall be subject to the approval of the
Railroad Company's Chief Engineer or other designated officer.,
3. At its sole risk, cost and expense to make such reasonable repairs to or
changes in location of said power line as in the judgment of the Railroad Company's
Chief Engineer or other designated officer, shall be deemed necessary to avoid
interference with or danger in the use or operation of said railroad, or any of its
present or future appurtenances, or telegraph, telephone, signal or other wires on
the Railroad Company's right of way, and in event it is found necessary for the
Railroad Company to use its entire right of way or any portion of it occupied by
such transmission line, the Power Company shall at its sole risk, cost and ex-
pense and within thirty days after notice so to do (or upon shorter notice in case
of emergency) remove said power line, or so much thereof.as is located upon that
portion of the right of way so required by the railroad Company from its property.
4. That it will assume all risks of loss, injury or damage of any kind or
nature whatsoever to its property (including power line), and to property of Rail-
road Company (including employes of Power Company and Railroad Company) upon bail --
road Company's right of way with Railroad Company's consent, regardless of how
caused, arising or growing out of or in any manner resulting from the construction,
maintenance, use or presence of the power line upon Railroad Company's premises,
or its relocation thereon or removal therefrom, and will protect indemnify and save
harmless Railroad Company,from all claims or demands, or suits or actions growing
out of any such loss, injury or damage, including court costs and attorney fees
resulting or in any manner arising from the risks herein assumed by Power Company,
unless such loss, injury or damage results from the sole negligence of Railroad
Company.
That it will assume the risk of injury to or death of its officers or employes,
or other persons, upon or about said premised at its or their instance, license
or invitation, regardless of how caused and regardless of the negligence of Railroad
Company, and will pay, satisfy and discharge all legal liabilities of railroad Com-
pany, arising or in any manner resulting from the construction, maintenance, use or
presence of the power line upon Railroad Company's premises, or its relocation thereon
-2m
~ and will protect, indemnify and save harmless Railroad Com-
�r removal therefrom,
an from and against all claims or demands, or suits or actions, including court
P t � out of an such injury or death, the risk of which
costs and attorney fees, growing y J
is herein assumed by Power Company, unless such loss, injury, or damage results
from the sole negligence of Railroad Vompany.
That it will assume all risl: of injury to or death of persons whomsoever,
and loss of or damage to property whosesoever, caused by it or its employes, or by
er,3ons upon or about the premises at: its or their instance, license or invita-
P P
r the construction maintenance, use, operation, relocation, or
tlo���, ❑r caused b construction,
removal of the porter line or its presence on Railroad Company's right of way, and
will protect, indemnify and save harrMess Railroad Company, from all claims or
demands, or suits or actions growing out of any such loss, injury or damage,
including court costs and attorney fees resulting or in any manner arising from the
rislis herein assumed by Power Company, unless such loss, injury, or damage results
from the sole negligence of Railroad Company.
g
Since this agreement is made in part for the benefit of other persons and/or
Companies operating over or using the Railroad Company's right of way, including
,L P
' tern Union Telegraph Compa.n�r, any one or more of said. persons and./or companies
Wes -tarn g �� �� severally �,s their interests
may sue to enforce any provision I .ereof , Jointly c Y
x:a ; be joint oint or several. None of said. Companies or persons shall be liable for any
.�
damage (except that wilfully done) "to the power line or other property of power
Company howsoever caused.
It is understood and agreed that Rai 1 road Company shall give Power Company
prompt written notice of any written �;laim, demand, or cause of action presented
to or filed against it growing out of any of the risks herein assumed by Power
Company unless it appears that Power "ompany has otherwise been given notice
.. f. right to defend
thereof; and Power Company shall have theagainst any such claim, g
demand, or cause of action.
5. If the Power Company shall fail to faithfully perform any one or more
of its obligations contained in this agreement as to the maintenance of safe
conditions in and about said power li-lie, or as to any change in the location
thereof, or as to the protection of wires on the Railroad Company's property or
rig .z16 of way, from electrical interference, the railroad Company may cause such
Condition to be made safe, or change of location to be made, or changes required
for affording protection from electrical interference to be made, or power line
to je removed from the Rai1roar. Company's property, and the Power Company shall,
on demand, promptly reimburse the Railroad Company the whole cost thereof, plus
to e er cent on labor, and 15 per cent on material used in such work, and includ-
in Federal, State or other lawfully authorized taxes for Retirement, Social
3 in Force at the time applicable to such
Security, or other laws or regulations PP
worrk .
C. This agreement shall be binding upon and inure to the benefit of the
pari,ies hereto, their successors and assigns, and shall also inure to the benefit
of Jhe present or future tenant or tenants of the Railroad Company and others
usi zg its right of way or facilities with its consent to the same and like effect
as if such tenant or tenants were specifically named in this agreement as parties
to be benefited thereby, but the Power Company shall not assign the same without
the written consent of the Railroad Company. The Railroad Company may terminate
i.�► upon ten (1p) days written note ce if the Power Company fails to keep any of
its covenants herein contained.
441M
The provisions herein contained mL a?...ng this contract inure to the benefit of
Railroad Company's tenants or others using its right of way, including the western
Union Telegraph Company, shall never be construes as giving to such other persons,
including the Western Union Telegraph Company such an interest in this agreement
as will preclude Railroad Company from terminating it in Event it elects to do so
under the terms hereof, or Pram nas.-
ing such changes, amendments to or alterations
therein as it and Power Company may agree upon, but any such change, amendment or
alteration therein or thereto shall not affect any liability than owing by Power
%.om-panY to any such tenant or other persons, including western Union Telegraph
Company.
'�. This agreement shall tame effect the date hereof, and unless sooner
terminated as above provided; shall continue in force so long as Power Company
shall use said crossing for the purposes herein provided and in strict compliance
W.Lh the terms and provisions hereof. Upon the termination hereof, Power Company
r m tl remove said power line, and all property used by it in connection
wil.lpop Y
therewith, from Railroad Company's premises, an --I in case of failure of Power Com--
n pa .y so to do Railroad Company ma--- remove the same and charge the expense thereof
�
to Power Company on the basis provided in Section 5 hereof. No termination hereof
shall effect the rights and liabilities, if any, of the parties hereto then
existing$
In Testimony whereof, witness our hands, t�ze day and year first above written.
MISSOU..I-KAN'SAI%:.-TEXAS-RA1Lh0AD COMPANY
COPY FOR RECORDS
QYED
.r-..... .. .--
----- ------
ORI ATINO' OFFICE DATE
�E-PRESIDEN . PE ION DATE
_ _- ..
....■ r�rr.. ■r..
GE • RAL- AiAGER ATE
1E ! EER D
-....r...w............ ---- .»...-
CCOUNTING -DATE
%0 1�
�....-- . �?
�. .r..wti-..... ■r...._at A�
..
r ----- L
� L DA
GE
TRIAL DEVELOP E A E
DAT
..rywr.rr.... r....... 0.......... ......... ....+_._._ .�..r+
DATE
..ww•+sr."--'----------- ----- ._�..
SATE -
MISSOURI-+HANSAS--TEXAS RAILROAD COMPANY�_...,_�
F
By
Its Vl ce - P res i.......�._..,....._.�w..�w..e
r .
TEXAS P OWE R & LIGHT COMPANY
fF
n` R. Clfkn
Its Vice --President, EngineeringwNr� r�www.w�w+�+�Mrr.w+ N�arw+..w tirwwrr�.�.+�•r••��rr.
Pile : T--1715 S
-4-
y
Form 187 2--7
SEP 2 1970
'ry Dq i son , Texas
Mr.
R.
N .
Whitman
Pre Me
De
Woodroof
Mr.
Be
R.
Bishop
Mr. J.
L.
Taylor
Mr.
F.
J.
Heiling
Mrs J.
L.
Boots
Mr.
M.
R.
Cring
Mr. L•
1.
Nearmyer
Mr.
W.
A.
Thie
4tr. Mr.-v.
E.
Smith
Mr.
K.
a,
Jansson
.. Xr. Me
F.
Rioter
Mx` a
C .
,C ut s �.'he
q r C •
�i •
Mervarth
Mr.
R.
A.
Douglas
Mx. Co
L.
Seidlits
Mr.
J.
C .
LaGrone
M,;r . J .
T .
Flake
Mr.
Me
We,
Compton
Mr. Re
v .
Nieu
Mr.
C.
A.
Robertson, Jr.
Mr. A.
Dowdy
Mr.
C .
E ,
Reasoner
Nre j .
De
Spar
Mr.
J'.
H.
Hugh,,,.
fir. D.
L.
Taylor
Mr.
M.
E.
Stringer
Agent
at
Mr.
T.
G.
Todd
Herewith
copy of Contract No.
9.89 t*4 7/2/70
r
Supersedes
Contract No.
For your info=ation and file.
We have received information that Contract No. Dated
has been cancelled effective Superseded by Contract No*
r'
With Lake Dallas Telephone Company, Inc.
cable rox 1 7' N. of MP 728 and/or 220561 N, of
Covering wire crossing s ing � �
d
Graza Little Elm Reservoir Bridge y ' Lake Dallas, Texas
.P! W. NEIDERT
�. t or -*Disbursement s
7
Copy sent to
JHi, JD S # RVM
2500--I1-59 Form 150
(Revised 11-1959)
Wire Crossing Contract for 750 Volts or Less
2nd July � . D. 19-___� -,
AGREEMENT made this the-. - -- - __..day of.
between the MISSOURI-KANSAS-TEXAS RAILROAD COMPANY. .- hereinaf ter called First Party, and
LAKE DALLAS TELEPHONE COMPANY, INC.
_____hereinafter called Second Party.
ARTICLE I.
In consideration of ONE HUNDRED ! - - Dollar_ S ___ ($ 100,00 _ — } to it in hand paid by Second Party, the
receipt whereof is hereby acknowledged, and of the covenants of Second Party hereinafter set forth, First Party hereby grants
to Second Party, for the term and upon the conditions below stated the right to construct, reconstruct, maintain and operate a
buried cable wire crossing across the right of way or station
groun
ds constitutingart of First Part 's railroad at or near Lake Dallas Texas a roximate 1 1 067'
P Y
north of Mile Post 728 and/or 22,0561 north of Garza Little Elm Reservoir Railroad
Bridge and otherwise to be located as shown oriXFjft Exhibit "A"
attached and made a part hereof!
ARTICLE II.
If the crossing be an overhead crossing, all poles shall be of good, heavy white cedar, or of other material approved by
First Party, of not less than six-inch tops nor less than thirty-five feet in length, placed in the ground a depth of at least six
feet, well tamped, and poles or fixtures supporting wires over tracks shall be head guyed away from the crossing and side
guyed in both directions; the tensile strength of such guys shall not be less than four thousand pounds for lines carrying
from one to ten wires, and not less than six thousand pounds for lines carrying ten wires or more. Crossarms with iron cross -
arm braces and approved wood or steel pins shall be used thereon The wire or wires shall be either galvanized iron or hard
drawn copper wire of not less than number ten B. and S. or N. B. S. gauge, and shall clear the rails of any track on the premises
of First Party at least thirty feet, and any wires of First Party or of The Western Union Telegraph Company thereon at
least five feet. All poles supporting the wire or wires across the track shall be doubly armed, one arm on each side of pole,
and arms bolted together with block between. The crossing over any track or wires shall be as nearly at right angles as possible,
but the crossing poles shall not have a greater pull than forty feet, and the crossing span shall not be greater than one hundred
and ten feet in length. No pole shall be placed nearer than fifteen feet to the main track or nearer than fifteen feet to any side
track. No wire placed or maintained hereunder shall at any time carry in excess of seven hundred and fifty volts. In all other
respects the crossing shall be constructed of material and according to plans approved in advance by First Party, and the work
shall be done strictly in accordance with said plans.
If the crossing pass under the railroad track, the wire or wires shall be placed in a wrought iron pipe or conduit under-
neath the track and below the surface of the ground, and for not less than ten feet on each side thereof, the top of the pipe or
conduit shall be at least five feet below the surface In all other respects the crossing shall be constructed of material and ac-
cording to plans approved in advance by First Party, and the work shall be done strictly in accordance with said plans.
ARTICLE III.
Second Party will at all times maintain the crossing in a safe and secure manner and in a condition satisfactory to First
Party, and will from time to time, as First Party may request, move the same or any part thereof. In the event that it is found
necessary for First Party to use the entire right of way, Second Party will within thirty days after notice so to do for upon
shorter notice, in case of an emergency) remove all of its poles, wires and other fixtures from the right of way of First Party.
If the crossing be overhead, Second Party will keep a reasonable space around wooden poles free of combustible material. If
Second Party fails to do any of the things in this article specified within ten days (except as otherwise provided) after request
from First Party, First Party may perform the work and charge the expense thereof to Second Party, bills for which Second
Party will promptly pay.
ARTICLE IV.
In consideration of the license and permission herein granted, Second Party assumes the risk of injury to or death of
persons whomsoever and of damage to or destruction of property whosoever, in any manner growing out of, incident to, or
resulting from the construction or maintenance of said wire crossing, or the existence of the same, or the presence on or
adjacent to First Party's premises of the agents and employees or tools, implements or materials of Second Party in con-
nection with such construction or maintenance or otherwise, or resulting from the failure of Second Party to construct or
maintain said wire crossing as herein provided, or from the removal of any fence, cattle guard, or other facility in connec-
tion with such work, or the failure to properly restore any such fence, cattle guard, or other facility, whether such injury to
or death of persons or damage to or destruction of property be caused or contributed to by the negligence of First Party, or
other companies operating trains over its tracks, or the Western Union Telegraph Company, its or their or either of their
servants, agents or employees, or otherwise, and from and against any and every liability, claim, demand, suit, or action or
judgment therein, as well as all costs and expenses (including reasonable attorney's fees) connected therewith, for or in
respect of any such injury to or death of persons or damage to or destruction of property, Second Party will forever protect,
indemnify and save harmless First Party and said other companies operating trains over its tracks, and said Western Union Tele-
graph Company, or any or either of them,
Second Party agrees to reimburse and pay to. First Party or said other companies, any judgments, costs and expenses
or amounts paid out in settlement, which they or any of them may be put to or may be compelled to pay on account of any
claim arising under this Article IV. This agreement is made in part for the benefit of other companies operating over First
Party's tracks and The Western Union Telegraph Company; and any of said companies may sue to enforce the provisions hereof,
either jointly or severally, as their interests may be joint or several. None of said companies shall be liable for any damage (ex-
cept that wilfully done) to the wire crossing, howsoever caused.
ARTICLE V.
The agreement shall bind and inure to the benefit of the parties hereto, their successors and assigns, or heirs, executors,
and administrators, but Second Party shall not assign the same without the written consent of First Party, First Party may term-
inate it upon ten days' written notice if Second Party fails to keep any of Second Party's covenants herein contained. The agreement
shall take effect the date hereof and, -unless terminated as above provided, shall continue in force for a period of one year, and
thereafter until terminated by First Party giving to Second Party thirty (30) days' notice in writing of an intention to terminate the
same, the agreement to terminate upon the expiration of such notice; upon the termination or expiration hereof, Second Party will
promptly remove the Crossing from the railroad premises, and in case of Second Party's failure so to do, First Party may remove
the same and charge the expense thereof to Second Party. No termination or expiration hereof shall affect the rights and lia-
bilities, if any, of the parties hereunder then existing.
IN TESTIMONY WHEREOF, witness our hands, this day and year first above written.
File. T- 271
MISSOURI-KA -TE RAILROAD COMPANY
By
Tics Vice President
LAKE DALLAS TELEPHONE COMPANY, INC.
13 112441da
Title - President -
Address _P P. 0. Y Box_ 547,
Lake Pallas,. Texas 75065
COMPANY
COPY FOR RECORDS
IN OF
m A)
Of-klffb�- - I-N, , , ,
.ie ....
-.._--_-._ ------ _-���-_Zo'e
-
te-
_---_ _-�A�.~
_
_-------_---.^..~... .-���_-~
r -Inv r
D ..
1f
41
f
kk
.r
LAt
rm
r
a
�
t C W �' e
4 Ca.
4
o A V lu••
o i �
Q
� y
�
tAC
to 4W•V4 1 r
to ...
� 3
4o 5YZL-N a•w ,
'•Z9+ sill1
�� 1
i
{
C
rZ
cV zv o NC;
?+
aekn
r
QcQ��Q'►�
��
; C
rti
Q` °
�
I
°
�.i
Q w wL 3 va
R.1
❑ a
con
�
��`��
❑ q)
a=Q,�
(PC (P
cow
C3 N_
.CT
Gi Sri
❑ ❑ ❑
p
a
o ° � e � ❑�
v o Qq�va"o
yam• li ~ t
(A J �
0 �
Q
w
Q.
!.�
LrJ
�J
a ❑
Te J
o a
= 0 0
U
Z H W d
F-
¢p 4 J
a
L3 N UO
1 I
} }
j j i ! ! �
4 j } •C I �
i ! � # }
� LF{"J"i� i � � I
t►7 I }
� � 1
i i
r ' � ! #
ZI I
} Jl i
I
1x
�01
'i #
# �Azi
I
}
� W}�
�Z;34}
p i �'
t❑io� gip! i= i
rz41WI # IUl I #
zEu.!
p=~W4�
I
I ,
; I m
}cat 1
v ODD �i �' JI --! al I
..•
KZ J�Q }
.0 } N 1
b° i 1 j
M1l ml .0 Wj Owl I co
V i 1� �I lot
U ��u- N#1
�i a# i Vfl ��I #
i9 i
z U) J }
a�a
j
',c' i us i
�CL oi=i�vl
pJ11
`.W
r
I JI
i +
; Q T i
I } I
y X I '" CVi � 1-- i
irl R] I W: I
W�
V? yl
v►�' .� s I D
It)pot 51G i Wr
UJ
in} 5 ' C �I I
8E # }
I I
OL
ry
'-AZ
b
m
i �! ,� N.-Wi I
Wj7Ci #
N
p Q
C�► •.� Q Q
Az
3Wi
Wj i 3 ❑Wt i
Gnu- I Wf �'
+► ter..
C�► }
-it# }
�I
.0
1
W
C)
a p❑
? C JI W}
� I I rJ tl �! •I
°
i C) YI
o, °
ti3 en v, 3 z
' v ^�� m fzh E �
N
�Q �
Q to ��
cr
J
�J 10
c�
.60
n rM
1
a
T
V
fi�
s
. a
J Roca
40IN 30
5b"1'ld0
Q- o
kiw
........�.�..
e:k"
�3
m
!I c�
Q
•ycx
❑'c.01
� . I tz v CL
['C f ! i a►1 '//fir/
1�
�4
V
�l
v
U
Q
�t
. .K
uj
K;q )(h
tj
Nj
to
QO
L
s-�
�
�. r
.�•r
.t -.�
'
z��
Ir
1 .. �� -��.�:
�
� :
City.•
�
v
�rT�i'pJ
tom. w� ¢�' 77fpy� 6r
IL
a
r IJ' i ac" ' .r.i •
,7771
a
Q
I O 2
u v W
1
C
u
W
�
�
J �
� Q
++
J
W
300
ti
��
C
7C
W V)
F--
J
rA
►dd►I
'
Ail
NGI*IA3M
�Ir�
ca w tF nb -1-11 H AtFW J o ?ra UtYX a va
'A= -NMWK
IX -J
UJ
03w
0
CL
x
uj
N 0 1 S I A 3 Id
Wk v 0
,.
_ _
.� -� ...
'/ } „7 3
i.. � .. - ¢
- � .■
Y� � � .. � ~
f r .. .
■
,...
9.
�j
i
��r
'>
1
• . •t
'�
�x
��
s: ..
�.
�..:
��
t
a•h'�R•� .;; ...may: ^:lpp' ':y�.. �ar'.:Y :...�y�::