HomeMy WebLinkAboutOrdinance - 2610-1958 - Granting Ft. Worth And Denver Railway Co Rights Property Line Locust Ave. - 10/23/1958·-i;
~'t;
It----t.:;;, ~
J
()-.;;2-3-l ~6-e
ORDINANCE NO. 2610
l \ -} -3 -l g '.:?~ .
AN ORDINANCE GRA!)TTING TO THE FORT WORTH AND DENVER RAILWAY
COMPANY, ITS ASSIGNEES, SUCCESSORS, AND LESSEES, THE RIGHT,
POWER, AND PRIVILEGE OF LOCATING, BUILDING, ERECTING, CON-
STRUCTING AND PROPERLY MAINTAINING ONE RAILROAD INDUSTRY
TRACK, AND TO OPERATE ENGINES, CARS, AND TRAINS THEREON. UPON,
OVER, AND ACROSS A TRACT OF LAND IN 40TH STREET, THE CENTER-
l.lNE OF WHICH SHALL BE AT A LOCATION 250 FEET WEST OF THE WEST
PROPERTY LINE OF LOCUST AVENUE IN THE CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Fort Worth and Denver Railway Company, its
assignees, successors and lessees, be hereby granted the right, power, and
privilege of locating, building, erecting, constructing, and properly main-
taining one railroad industry track, with the necessary turnouts, switch stands,
and other necessary appliances connected therewith, and to operate engines,
cars, and trains thereon, upon, over, and across a tract of land in 4oth
Street, the centerline of which shall be at a location 250 feet West of the West
property line of Locust Avenue in the City of Lubbock, Lubbock County,
Texas.
,.
SECTION 2. THAT the Fort, Worth and Denver Railway Company, its
successors, assignees and lessees are hereby required and by the acceptance
of this Ordinan~e agrees that it will construct, maintain and operate said
industrial track and other necessary appliances incident thereto, so as to con-
form to the grade established by the City Engineer, and in such manner as to
interfere as little as possible with the use and enjoyment, ingress, and egress
of the abutting premises by the owners and other lawful occupants thereof; that
said railway company will pay the total cost of paving improvements between
the rails and two feet {2') on each side thereof should the street be paved; that
said railway company wi.ll provide at its own expense all storm sewers and
appurtenances thereto, and other drainage structures which may become necess-
ary for proper drainage of the area by virtue of the construction of such track
over, upon or across said street; and that it will maintain and operate said
track and other facilities, switches and turnouts incident thereto in accordance
ivith 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 3. This grant is made and grantee accepts the grant subject to any
covenants, use limitation, or restrictions of any char.acter, pertaining to
grantor's title or easement in the land upon which the streets herein described
are located, and in consideration of this grant, grantee agrees, binds, and
obligates itself 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 hereip., which will in any manner diminish or otherwise affect
or impair the grantor's title, or oth~r interest in the land within the right-of-
way o£ said street; that grantee will hold grantor harmless and indemnify it
against any loss, damage, claim, causes of action, suits, attorneys fees, judg-
~ents, and court costs, which inay arise out of or relate to grantee's use of the
described streets.
AND IT IS SO ORDERED •.
Passed by the Commission on first reading this 2lrd day of October , 19~
Pass~d by the Commission on second reading this 13th
195-8 •
I
day of November _r
~r-1
~ .Ciry Attornoy
JWF:gb