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HomeMy WebLinkAboutOrdinance - 5647-1969 - Ameding Ordinance No. 4659 - 04/24/1969KJ:EW D4 -24-l.Pq o~S -oe -tDq •' ORDINANCE-NO. 5647 _ AN ORDINANCE AMENDING ORDINANCE NO. 4659 OF THE CITY OF LUBBOCK~ TEXAS BY GRANTING THE ATCHISON~ TOPEKA AND SANTA FE RAILWAY COMPANY~ A CORPORATION~ ITS ASSIGNEES~ SUCCESSORS AND LESSEES~~ THE PERMISSIVE RIGHT AND POWER TO LOCATE, BUILD AND MAll;~~ TAIN AN ADDITIONAL SPUR TRACK AND TO OPERATE ENGINES, CARS AND TRAINS THEREON IN AND ACROSS ASH AVENUE IN THE CITY OF LUBBOCK, LUBBOCK, COUNTY, TEXAS; PROVIDING FOR RAISING THE ELEVATION OF THE ORIGINAL CROSSING OF ASH AVENUE GRANTED IN SUCH ORDINANCE ANI PROVIDING FOR CERTAIN COVENANTS~~ LIMITATIONS OR RESTRICTIONS ON THIS GRANT. () WHEREAS1 the City Council, by Ordinance No. 4659, granted to Panhandle and Santa Fe Railway Company the right to construct and maintain spui:-tracks across Ash Avenue and Elm Avenue in the City of Lubbock, Texas~~ and WHEREAS1 said Railway Company desires to construct and maintain a second crossing at Ash Avenue and the construction of this second crossing will necessitate the raising of the original crossing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ·sECTION 1. THAT '!he Atchison, Topeka and Santa Fe Railway Company~ successor to the Panhandle and Santa Fe Railway Company~ its assignees, success ors and lessees are hereby granted the right, power and privilege of extending a spur track across Ash Avenue in the City of Lubbock~~ Texas at a point which is 312. 5' south of the south line of 62nd Street at the West line of Ash Avenue in the City of Lubbock~~ Texas. The crossing of Ash Avenue by the spur track shall be at ,~he elevation as shown in Exhibit 11A11 of Ordinance No. 4659. SECTION 2. That said Railway Company is hereby authorized to raise the ~levation of the original crossing of Ash Avenue~~ as granted in Ordinance No. 4659, approximately two (2) inches above the elevation shown in Exhibit 11Au ~~ made a part of said Ordinance. SECTION 3. That said Railway Company, its successors, assignees and essees by the acceptance of the benefits of the grant made by this Ordinance agrees hat sueh grant shall be· subject to the covenants~~ limitations and restrictions set rorth in Ordinance No. 4659 of the City of Lubbock~~ Texas and the rights and privi ... eges stated in such Ordinance shall extend to this amendment thereof. ' KJ:EW AND IT IS SO ORDERED Passed by the Council on first reading this 24th day of ~.:~A~p.:..ri:.:l=-------', 1969. Passed by the Council on second reading this 8th day of May , 1969. YOR ATTEST: APPROVED: The ACCEPTED by7At chison, Topeka and Santa Fe Railway Company this lJltb day of Ju.q , 1969. THE ATC!llSON, TOPEKAAND SANTA FE RAILWA COMPANY BY: ~ It-s--~~~G~e~ne-r-a~1~g-an-ag __ e_r ____________ __ 2