2004-347S:\Our Documents\Ordinances\04~KCS Electric Aerial Crossing Near W. Oak Ordinance.doc
OP ANCE NO. dPP¢/-
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A WIRE CROSSING AGREEMENT WITH THE KANSAS CITY
SOUTHERN RAILWAY COMPANY FOR AN AERIAL WIRE CROSSING
LOCATED AT MILE POST 104.79, CITY OF DENTON, DENTON COUNTY,
TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS, THEREFORE; AND
PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager or his designee is hereby authorized to execute a
wire crossing agreement with the Kansas City Southern Railway Company for an aerial
electric wireline at milepost 104.79, City of Denton, Denton County, Texas, which is
attached hereto and incorporated by reference herein (the "Agreement").
SECTION 2. The expenditure of funds as provided in the Agreement is hereby
authorized.
SECTION 3. This ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the d~-~Z dayof ~'~~2004.
EULINE BROCK, MAYOR
ATTEST:
JENNII~ER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
~ CROSSING CONTgACT
THIS AGREEMENT, made and entered into this ~ ~/~day_ of ~/~t~d.-/ , ~_~, by and
between TI~.. IrOd~SAS CITY SOUTHERN RAILWAY COMPAq/, a Missouri corporation,
hereinafter referred to as "Railway Company", and CITY OF DENTON, TEXAS to be addressed at 601
E. Hickory, Suite B, Denton, Texas 76205, hereinafter referred to as "Licensee".
WITNESSETH:
WHEREAS, Licensee desires to construct, maintain, operate, use and remove wires, hereinafter
described, across the right-of-way and tracks of Railway Company and across the telephone, telegraph,
signal and other wires of Railway Company and The Western Union Telegraph Company, the latter wires
being hereinafter referred to as "Company wires";
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. PERMIT FOR CROSSING: For the sole convenience and accommodation of Licensee, at its
sole risk and expense, and in consideration of the covenants of Licensee hereinafter set forth, Railway
Company, without any warranty or guarantee of suitability of the premises for Licensee's or any other
purpose, hereby permits Licensee to construct, maintain, operate, use and remove a crossing (herein referred
to as wire crossing), the course of the wire crossing being described as follows:
Overhead 69KV power line crossing Railway Company right-of-way and tracks at Mile
Post 104.79, in Denton, Texas, as indicated on Denton Municipal Electric's print of
drawing dated 7/8/04, Project # 60013000, marked Exhibit "A", attached hereto and
incorporated herein by reference.
The rights granted under this Agreement are subject to all outstanding superior rights whether or
not of record (including those in favor of licensees and lessees of Railway Company's property, and others)
and the right of Railway Company to renew and extend the same, and is made without covenant of rifle, or
for quiet enjoyment. Railway Company does not warrant title and Licensee accepts the rights granted
herein and shall make no claim against Railway Company for deficiency of title. Licensee acknowledges
that Railway Company's interest in the right-of-way varies from segment to segment and may include lesser
interests than fee title. Licensee shall, at Licensee's sole cost and expense, obtain any and all necessary
rights and consents from parties other than Railway Company which may have or claim any right, rifle or
interest in the property upon which Railway Company's right-of-way is located.
2. SPECIFICATIONS: The wires shall be placed, and at all times maintained, so as to give a
minimum clearance of thirty-six (36) feet above the rails in the tracks of Railway Company, allowing for
sag, and so as to clear Company wires at least two (2) feet. Licensee shall, at its own expense, erect and
maintain its poles and wires in accordance with the latest revised roles, orders, recommendations or
specifications adopted by the National Electrical Safety Code of the Bureau of Standards for overhead
railway crossings by light and power transmission lines. Licensee expressly agrees that the wire line shall
be constructed to cross Railway Company's tracks and right-of-way at an angle of not less than 90 degrees,
and the said wire line shall be placed so that at all times a minimum distance often (10) feet is maintained
from the nearest point of any signal gate arm throughout the full range of motion of the ann.
3. MATERIAL AND WORIq2¥IANSHIP: Material and workmanship shall be satisfactory to
Railway Company's authorizmd representative, both as to renewal and repair. If during installation,
maintenance, or removal of the wire line, Licensee's equipment or personnel will be closer than twenty-five
(25) feet from the center line of the nearest track, then Railway Company will provide one of its employees
as a qualified flagman. Licensee is responsible for all flagging expenses, and it will reimburse Railway
Company for all of Railway Company's costs and expenses associated with providing the flagman.
Licensee and its agents, employees and contractors will clear the tracks when directed to do so by the
flagman. The presence of the flagman will not relieve Licensee of its duty to keep all of its agents,
employees and contractors clear of the tracks when trains are in dangerous proximity to the licensed area,
nor will the negligence of the flagman release Licensee from its duties of defense, indemnification and
saving harmless under Section 9 of this Agreement. All expense in connection with the crossing, including
its construction, renewal and repair, shall be borne by Licensee.
Should Railway Company consider it necessary or desirable to supervise the installation or removal
of the wire line, then Railway Company may do so at Licensee's expense. Licensee will reimburse Railway
Company for all of Railway Company's reasonable costs and expenses within thirty (30) days of receipt of a
bill from Railway Company specifying in reasonable detail Railway Company's costs and expenses.
4. POLES: Licensee shall not erect or cause to be erected any poles, anchors or guy wires upon
the fight-of-way of Railway Company except as indicated upon the attached Exhibit A, and which poles,
anchors and guy wires shall not be placed nearer than twelve (12) feet fi.om the nearest rail of any main
track or nearer than nine (9) feet from the nearest rail of any side track.
5. ADOPT MODERN METHODS: Licensee shall, at all times, at its own expense, adopt and
maintain the most effective system and use the best known and most effective methods approved by
Railway Company to protect the property of Railway Company, including Company wires, fi.om
interference and physical hazard.
6. MAINTENANCE: Licensee shall maintain the wire crossing to conform to the requirements of
Section 2 hereof, and shall make frequent inspections of the crossing for that purpose. If it shall come to the
attention of Railway Company that the same is not being so maintained, Licensee will, on written request of
Railway Company, at any time, promptly make such renewals or repairs in wire crossing as shall be
designated by Railway Company, and if Licensee fails within ten (10) days to comply with such request,
Railway Company may make such renewals and repairs, the cost of which Licensee agrees to pay, or
Railway Company may, at its option, wholly remove the crossing wires, and the supporting structures,
conduits and appurtenances fi.om the fight-of-way.
7. ADDITIONAL WIRES OF LICENSEE In the event Licensee desires to install additional
wires at the crossing in the locations hereinbefore described on the same poles, or towers, or in the same
conduits, hereinbefore provided for, Licensee shall f~rst obtain Railway Company's written consent for the
construction or installation of such additional wires.
8. CHANGES I-IEREAFTER MADE BY RAH,WAY COMPANY: If at any time during the
term of this Agreement, it shall become necessary or desirable for Railway Company to build additional
track or tracks, depots, yards, or any other structure that may be necessary or desirable in connection with
the operation and maintenance of Railway Company, or to change the grade or location of its track or tracks,
or if changes in or additions to Company wires or poles used in connection therewith shall become
necessary, or if it shall become necessary to do any work to comply with the requirements of Railway
Company, or with the demands which may hereafter by law be prescribed with reference to the crossing,
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Licensee shall, at its own cost and expense, within thirty (30) days aRer receipt of written notice from
Railway Company so to do, relocate, rearrange, reconstruct or revise the wire crossing in such manner as to
conform to the requirements of Railway Company.
9. CONSIDERATION, INDEMNITY: IN CONSIDERATION OF THE LICENSE AND
PERMISSION HEREIN GRANTED, TO THE EXTENT PERMITTED BY LAW, LICENSEE
ASSUMES AND AGREES TO DEFEND, INDEMNIFY, AND SAVE HARMLESS RAILWAY
COMPANY, ITS OFFICERS, EMPLOYEES, SERVANTS, AGENTS AND OTHER COMPANIES
OPERATING TRAINS OVER ITS TRACKS FROM ANY CLAIMS OR DEMANDS (WHETHER
ARISING IN OR BASED UPON TORT, CONTRACT, STRICT LIABIIJTY, OR OTHERWISE)
(INCLUDING LEGAL FEES AND COURT COSTS) MADE BY ANY AND ALL PERSONS FOR
ACCIDENTS, INJURIES OR LOSSES ARISING FROM OR GROWING OUT OF THE
CONSTRUCTION, MAINTENANCE, OPERATION, USE OR REMOVAL OF LICENSEE'S
POLES, TOWERS, WIRES AND APPURTENANCES ON RAILWAY COMPANY'S RIGHT-OF-
WAY, OR FROM THE ESCAPE OF CURRENT THEREFROM, OR FROM 'I'H~; BREACH OF
ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT BY LICENSEE, AND FROM
ANY PAYMENTS WHICH RAILWAY COMPANY AND OTHER COMPANIES, OR ANY OF
THEM, MAY MAKE TO ITS OR THEIR EMPLOYEES AND THEIR BENEFICIARIES, OR ANY
OF THEM UNDER THE PROVISIONS OF ANY COMPENSATION LAW OR O'I'H ~:R SIMILAR
LAW OR UNDER THE PROVISIONS OF ANY PLAN FOR EMPLOYEES' BENEFITS
ADOPTED BY RAILWAY COMPANY AND OTHER COMPANIES, OR ANY OF THF. M, IN
SETTLEMENT FOR ACCIDENTS OR INJURIES ARISING FROM OR GROWING OUT OF
THE NEGLIGENT FAILURE OF LICENSEE TO CONSTRUCT, MAINTAIN, OPERATE, USE
AND REMOVE TI-IF. WIRE CROSSING AS HF. REIN PROVIDED. LICENSEE SHAI.I. DEFEND,
INDEMN~'¥, AND SAVE HARMLESS THE AFOREMENTIONED COMPANIES AS PROVIDED
IN THIS SECTION UNLESS SUCH LOSS ARISES OUT OF THE NEGLIGENCE OF THOSE
COMPANIES.
LICENSEE RECOGNIZES THE DANGER INCIDENT TO THE OPERATION OF
TRAINS OVER THE TRACKS OF RAILWAY COMPANY IN THE VICINITY OF THE WIRE
CROSSING, AND AGREES TO ADOPT AND ENFORCE UPON ITS EMPLOYEES ENGAGED
IN CONSTRUCTII~G, MAINTAINING, OPERATING, USING OR REMOVING THE WIRE
CROSSING PROPER RULES AND REGULATIONS FOR TH~:IR SAFETY WHII.E ON OR
NEAR SUCH TRACKS, AND LICENSEE ASSUMES ALL LIABILITY FOR INJURIES TO ALL
PERSONS ENGAGED IN SUCH WORK AND AGREES TO DEFEND, INDEMNIFY, AND SAVE
HARMLESS RAILWAY COMPANY, ITS OFFICERS, EMPLOYEES, SERVANTS, AGENTS
AND OTHER COMPANIES OPERATING TRAINS OVER ITS TRACKS FROM ANY
LIABILITY FOR SUCH INJURIES EXCEPT WH~;N THE SAME IS CAUSED BY THE
NEGLIGENCE OF RAILWAY COMPANY OR SUCH OTHER COMPANIES, ITS OR THEIR
EMPLOYEES.
LICENSEE AGREES TO REIMBURSE AND PAY RAIl.WAY COMPANY, OR SUCH
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 CLAIMS ARISING UNDER LICENSEE'S
DUTIES OF DEFENSE, INDEMNIFICATION, AND SAVING HARMLESS. THIS AGREEMENT
IS MADE IN PART FOR THE BENEFIT OF OTHER COMPANIES OPERATING OVER
RAILWAY COMPANY'S TRACKS AND ANY OF THE COMPANIES MAY SUE TO ENFORCE
THE PROVISIONS HEREOF, EITHER JOINTLY OR SEVERALLY, AS THEIR INTERESTS
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MAY BE JOINT OR SEVERAL. NONE OF THE COMPANIES SHALL BE LIABLE FOR ANY
DAMAGE (EXCEPT THAT WILLFULLY DONE) TO THE WIRE CROSSING, HOWEVER
CAUSED.
It shall be the exclusive duty end responsibility of Licensee to inspect the property subject to this
Agreement to make sure that it is safe for the entry of its employees, agents and contractors. Licensee shall
advise all of its employees, agents and contractors entering the property of any safety hazards on the
property, including, without limitation, the presence of moving vehicles, buried cables, tripping hazards and
overhead wires. Licensee shall instruct all of its employees, agents and contractors entering the property
that all persons, equipment end supplies must maintain a distance of at least twenty-five (25) feet fi.om the
centerline of the track unless authorized by the on-site railroad flagmen to be closer than twenty-five (25)
feet. Licensee shall ensure that no personnel, equipment or supplies under its control are within the
clearance point of the track when moving railroad equipment may be seen from or heard at the property
subject to this Agreement.
10. OTItERS NOT TO USE: Licensee shall have no fight to permit others to install wires in the
crossing, but if done, then the obligations, duties end liabilities herein imposed upon Licensee shall be the
same as to such wires, as though they were the wires of Licensee, end Railway Compeny shall retain all
remedies against Licensee for breach of this Agreement.
11. FEES: Licensee agrees to pay to Railway Company for the use of Railway Compeny's tight-
of-way and the privilege hereby grented, such use and privilege being expressly limited to the facilities
described in Section 1 above, the one-time fee of FIVE THOUSAND TWO HUNDRED FIFrY AND
NO/100 DOLLARS ($5,250.00) upon execution of this Agreement. Licensee shall pay Railway Compeny
en additional license fee, set in aceordence with Railway Compeny's then current fee schedule, for any
additional wires or facilities permitted by Railway Company end associated with the wire crossing.
12. TAXES: Licensee shall promptly pay all taxes, assessments and other governmental or
municipal charges upon its property located upon the tight-of-way of Railway Compeny and comply with
all governmental or municipal rules end regulations coveting the operation of electrical transmission lines of
the character constructed, erected or operated hereunder.
13. TERM: This Agreement shall continue so long as the wire crossing does not interfere with the
property or the development, enlargement or improvement of the property of Railway Company, or in the
opinion of the Chief Engineer of Railway Company, the wire crossing does not constitute a hazard to
Railway Compeny's property or employees. If and when Railway Company shall require the removal of the
wire crossing and another mutually satisfactory location can be found upon Railway Company's tight-of-
way, then the wire crossing shall be moved by Licensee promptly end at its own expense to such new
location. However, if another location mutually satisfactory cannot be found for the wire crossing, then the
same shall, within thirty (30) days after notice thereof to Licensee, be removed fi.om Railway Compeny's
tight-of-way by Licensee at its own expense. If at eny time Licensee shall fail to maintain its wire crossing
as herein required, or such wire crossing shall, in the opinion of Railway Company's Chief Engineer,
become a ba?ard to its property or to its employees, then the wire crossing shall be relocated, as
hereinbefore provided, or shall be removed fi.om Railway Company's premises within thirty (30) days after
notice from Railway Company to remove the wire crossing.
Neither the service of the notice herein provided for, nor the termination of this Agreement shall
operate in any manner whatsoever to relieve or release Licensee fi.om any obligations or liability to Railway
Company theretofore accruing under the terms hereof.
Upon the termination of this Agreement in any manner, Licensee shall immediately remove its
property from the fight-of-way, and in the event of its failure so to do, Railway Company may remove the
same at the cost of Licensee.
Rights herein granted are personal to Licensee and may not be assigned without Railway
Company's written consent. However, the provisions of this Agreement shall be binding upon the
successors and assigns of both of the parties.
14. INTERFERENCE: If the operation or maintenance of the wire line shall at any time cause
interference, including, but not limited to, physical interference from electromagnetic induction,
electrostatic induction, or from stray or other currents with the facilities of Railway Company or of any
lessee or licensee of Railway Company, or in any manner interferes with the operation, maintenance or use
by Railway Company of its right-of-way, tracks, structures, pole lines, signal and communication lines,
radio or other equipment, devices, other property or appurtenances thereto, Licensee agrees immediately to
make such changes in its own lines and furnish such protective devices to Railway Company and its lessees
or licensees as shall be necessary in the judgment of Railway Company's representative to eliminate such
interference. The cost of such protective equipment and its installation shall be borne solely by Licensee.
In the event that the methods above set forth fail to eliminate such interference, and it is deemed
necessmy by the proper officer of Railway Company having jurisdiction therein that any or all facilities of
Railway Company or of any lessee or licensee thereof shall be relocated, reconstructed or otherV~se
changed, the entire cost of such changes shall be home by Licensee.
The current due to electrostatic effects shall not exceed 5.0 milliamperes, rms, to ground. In the
event it is determined that such current, at any time, exceeds 5.0 milliamperes, rms, Railway Company shall
have the right to require such installation or modification as may be necessary to reduce the current to 5.0
milliamperes, rms, or less, and the entire cost of the installation or modification shall be borne by Licensee.
15. ENVIRONMENTAL CLAUSE: Licensee shall not permit hazardous waste, hazardous
substances or hazardous materials on or in the area covered by this Agreement without the written consent
of Railway Company.
Licensee shall at all times keep the area covered by this Agreement that are within the Licensee's
control in a safe, clean and sanitary condition, and shall not mutilate, damage, misuse, alter or permit waste
therein. Should any discharge, leakage, spillage or emission of any hazardous waste, ba?ardous substance
or hazardous material or pollution of any kind from items or equipment under the control of the Licensee
occur upon, in, into, under or from the area covered by this Agreement during Licensee's use and occupancy
thereof, Licensee, at its sole cost and expense, shall clean all property affected thereby, to the satisfaction of
Railway Company and any governmental body having jurisdiction thereover.
Licensee shall comply with all applicable ord'mances, rules, regulations, reqmrements and laws
whatsoever including (by way of illustration only and not by way of limitation) any governmental authority
or court controlling environmental standards and conditions on the premises and shall furnish satisfactory
evidence of such compliance upon request by Railway Company. IF, AS A RESULT OF LICENSEE'S
OPERATION HEREUNDER, ANY SUCH ORDINANCE, RULE, REGULATION,
REQUIREMENT, DECREE, CONSENT DECREE, JUDGMENT, PERMIT OR LAW IS
VIOLATED, OR IF, AS A DIRECT RESULT OF ANY ACTION BY LICENSEE, ANY
HAZARDOUS OR TOXIC WASTE, MATERIALS OR SUBSTANCES SHOULD ENTER OR
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OTHERWISE AFFECT ANY PART OF THE AREA COVERED BY THIS AGREEMENT
(INCLUDING SURFACE, SUBSURFACE, AIRBORNE AND/OR GROUND CONTAMINATION),
LICENSEE SHALL DEFEND, INDEMNIFY, AND SAVE HARMLESS RAH,WAY COMPANY,
ITS OFFICERS, EMPLOYEES, SERVANTS AND AGENTS FROM AND AGAINST ANY
PENALTIES, FINES, COSTS, RESPONSE, REMEDIAL, REMOVAL AND CLEAN-UP COSTS,
CORRECTIVE ACTION, NATURAL RESOURCE DAMAGE AND DAMAGES AND EXPENSES
OF ANY OTHER NATURE WHATSOEVER, INCLUDING LEGAL FEES AND COURT COSTS,
IMPOSED UPON OR INCURRED BY RAILWAY COMPANY, ITS OFFICERS, EMPLOYEES,
SERVANTS AND AGENTS, CAUSED BY, RESULTING FROM OR IN CONNECTION WITH
SUCH VIOLATION OR VIOLATIONS.
FOR THE PURPOSES OF THIS ENVIRONMENTAL SECTION, LICENSEE AGREES
TO DEFNED, INDEMNIFY, AND SAVE HARMLESS RAILWAY COMPANY, ITS OFFICERS,
EMPLOYEES, SERVANTS AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS,
DEMANDS, ACTIONS, LIABILITY, RESPONSIBILITY AND CAUSES OF ACTION
(WHETHER ARISING IN OR OUT OF TORT, coNTRAcT, STRICT LIABILITY, OR
OI'HERW'ISE) ASSERTED AGAINST THEM FOR DEATH, INJURY, LOSS OR DAMAGE
RESULTING TO RAILWAY COMPANY'S EMPLOYEES OR PROPERTY, OR TO LICENSEE
OR LICENSEE'S EMPLOYEES OR PROPERTY, OR TO ANY OTRI~,R PERSONS OR THEIR
PROPERTY, AND FOR ALL PENALTIES, FINES, COSTS, RESPONSE, REMOVAL,
REMEDIAL AND CLEAN UP COSTS, CORRECTIVE ACTION, NATURAL RESOURCE
DAMAGE AND DAMAGES AND EXPENSES OF ANY OTHER NATURE Wlq_ATSOEVER,
INCLUDING LEGAL FEES AND COURT COSTS, ARISING FROM, RELATED TO OR
HAPPENING IN CONNECTION WITH TH I~; BREACH OF THE DUTIES, OBLIGATIONS AND
RESPONSIBILITIES OF LICENSEE AND ITS AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS AND REPRESENTATIVES UNDER SECTION 15 OF THIS AGREEMENT.
FOR THE PURPOSES OF THIS ENVIRONMENTAL SECTION, LICENSEE FURTHER
AGREES THAT ITS OBLIGATIONS OF INDEMNITY, DEFENSE, SAVING AND HOLDING
HARMLESS HEREUNDER PURSUANT TO THIS SECTION SHALL BE STRICT AND
ABSOLUTE, AND SILALL REMAIN IN FULL FORCE AND EFFECT IRRESPECTIVE OF ANY
NEGLIGENCE ON THE PART OF RAILWAY COMPANY.
16. REQUIRED INSURANCE: So long as this Agreement is in effect Licensee agrees to
maintain comprehensive, general, and contractual liability insurance with minimum limits of one million
dollars ($1,000,000.00) per occurrence, together with umbrella coverage over all policies in the minimum
amount of five million dollars ($5,000,000.00). In addition, Licensee shall provide or require minimum
statutory workmen's compensation coverage for ail covered employees who are on Licensee's property. A
certificate of insurance will be provided to Railway Company by Licensee prior to installing the wire line
licensed under this Agreement. The insurance certificate shall name The Kansas City Southern Railway
Company as an additional insured and contain a clause reading: "In the event the above policy is materially
altered, changed or canceled, The Kansas City Southern Railway Company will be furnished thirty (30)
days advance notice in writing."
Notwithstanding the foregoing, City may satisfy its obligation to provide insurance through a
program of self-insurance operated in complete accordance with State law.
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17. Licensee agrees to furnish Railway Company with a certified copy of resolution or ordinance
adopted by the City of Denton authorizing the Mayor and City Clerk to execute this contract on behalf of
the City.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in
duplicate by their authorized representatives as of the date first above written.
THE KANSAS CITY SOU~rIERN RAILWAY COMPANY
S:\Our Doeuments\Contmcts\04kKCS Agreement.doc
APPROVED AS TO FORM:
CITY ATTORN~.~' /2
BY: ~ ~ ~/
Exhibit A
.... '
r4s [ t ~ r : , ~' . ] , ~ , ,i DESCRI~ON:
7~ ~ ' , [, ~mNOUCmmII I I ' ;I , I ~1~=, '1 ;l D.M.E. REQUESTSA
735 ;~~~ ~ ;~ ~I ; ~ i~j i ~ILROADPERMITTO
~ INSTALL ~ OVERH~
~ ~ ~ ~~ ~ .~ ] S~L~Cm~CUN~
, , ~ , , CROSSING 12'FROM ~E
~ . ~ ~ '~ ~: ~~ ~ ~ ,o.~..o.w.~,,~o~w.
, , : ~ ~ ' ~ ~ I ~ ' OAK AND THE~ILWAY
~ ~ ' ~ : ; I ~ ~ I I T~CKS; ~E CROSSING
~,- ' ~ ' i ' ~ i t ; ~ ~ ~ ' ~ ~ ~ WILL HAVEAMINIMUM
' ; CL~CE OF 36'
~ ; ~ ' ~ , ~ I ; ~ ~ ~ ] ~ ABOVE THE ~ILRO~
705 [ ~ ', , I ~,~.d~ ' ~ [ ~ ~ T~CKS.
, ~ , i
Railroad 0 H Permit 135 at W Oak -
.~ ,. 60013000
/--~ ~ W. ~o~Denton, TX 762~9 ~ (as indicted)
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