HomeMy WebLinkAboutOrdinance - 2501-1958 - Granting Ft. Worth And Denver Railway Co, ETC - 06/12/1958,,
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ORDINANCE NO. 2501
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AN ORDINANCE GRANTING TO THE FORT WORTH AND 'DENVER RAILWA
COMPANY·• ITS ASSIGNEES,. ~UCCESSORS, AND LESSEES,, THE RlGHT-,; POWE ,
AND PRIVILEGE OF L·OCATINGll BUILDING~ ERECTING~ CONSTRUCTING)~ .A:N~
PROPERLY MAINTAINING ONE RAILROAD INDUSTRY TRACK, AND TO OPERA E
ENGINES,, CARS, AND TRAINS THEREON* UPON~ OVER, AND ACROSS A TRAG
OF LAND IN EAST 35th STREET~, ADJACENT TO AND IMMEDIATELY NORTH 0
' I BLOCK EIGHTEEN, PHYLLIS WHEATLEY SUBDIVISION• TO THE CITY OF
LUBBOCK'# LUBBOCK COUNTY., TEXAS~ SAID TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS IN. THE BODY OF TinS
ORDINANCE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. That the Fort Worth and Denver Railway Company, its assignee ,
successors:r and lessees, be hereby granted the right,. power, and privilege of
locating, building, erecting, constructing, and properly maintaining one railroad
industry track, with the necessary turnouts, switch stands, and other necessary
appliances connected therewith, and to operate engines:~ cars:t and trains thereon,
upon, over, and across a tract of land in East 35th Street adjacent to and
immediately North of Block Eighteen, Phyllis WheatleySubdivision:~ to the City of
Lubbock, Lubbock CoWlty, Texas, described by metes and boWlds as follows:
BEGINNING at the Northwest c9rner of said Block Eighteen;
THENCE Northeasterly along the northwesterly line of said Block Eightee
and the southeasterly line of E. 35th Street, 405 feet to a point in the
North line of said Block Eighteen:~ 13.3 feet West of its Northeast
corner;
THENCE West along said north block line extended 7. 7 feet;
THENCE Southwesterly;-, parallel to and 5. 5 feet Northwesterly from
said Northwesterly line of Block Ei"ghteen, 347. 0 feet;
THENCE Southwesterly, 52 .. 5 feet to the point of beginning., contain ...
ing 2068 square feett more or less.
SECTION 2. That the Fort Worth and Denver Railway Company;J its assignee 0
successors and lessees are hereby requir~ and by the acceptance of this ordinan e
agrees that it will construct, maintain and operate said industrial track and other
necessary appliances incident the:ceto, so as to conform to the grade established
by the City Engineer, and in such manner as to interfere as little as possible with
the use and e.m.joyment, ingress and egress o£ the abutting premises by the owner
and other lawful occupants thereof; that said railway company will pay the total
cost of paving improvements between the rails and two (21) feet on each side there
of should the street be paved; that said railway company will provide at its own
expense all storm sewers and appurtenances thereto, and other drainage structur s
which may become necessary for proper drainage of the area by virtue of the
construction of such track over, upon or across said street; and that it will main-
tain and operate said track and other facilities,. s'Witches and turnouts incident
I
thereto in accordance with the laws of the State of Texas and the lawful ordinances
and resolutions of the City of Lubbock in such cases made and provided.
SECTION~. This grant is made and grantee accepts the grant subject to any
covenants,, use limitation, or restrictions, of any character, pertaining to grantor s
title or easement in the land upon which1 the streets herein described are located,
and in consideration of this grant, grantee agrees, binds1 and obligates itseli to
abide by all such lawful covenants, use limitations, and restrictions, if any; that
grantee binds itself" its successors, assigns, and lessees not to do or perform
any act or erect any structure on any part of the street described herein, which
will in any manner diminish or otherwise affecto.r..:impair the grantorts title, or
other interest in the land within the right-of-way of said street; that grantee will
hold grantor harmless and indemnify it against any loss, damage, claim, causes
of action, suits, attorney1s fees, judgments, and court coats, which may arise
out of or relate to grantees• s use of the described streets.
AND IT IS SO ORDERED
Passed by the Commission on first reading this 12t4aay of June , 1958.
Pa ~sed by the Commission on second reading this 26tlriay of June 1 1958
ATTEST: ~ S:ifY. Attorn~1.
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