HomeMy WebLinkAboutOrdinance - 2726-1959 - Granting The Ft. Worth And Denver Railway Co Right Sec 1 Block E, G, C, And S - 02/26/1959'j JPB:wc
--~ II 0~ -~(JJ-Tg--~ ..t ?!\/ ORDINANCE NO. 2726
<' I 03 -I ~ -l9 t=;q ~ ;1)1 t AN ORDINANCE GRANTING TO THE FORT WORTH AND DENrtft RAILWAY
'J,-.. A COMPANY, ITS ASSIGNEES, SUCCESSORS AND LESSEES, THE RIGHT, POWER
11 5·\ AND PRIVILEGE OF LOCATING, BUILDING. ERECTING, CONSTRUCTING AND
Y'~ · PROPERLY MAINTAINING ONE RAILROAD INDUSTRY TRACK, AND TO OP ERA E
ENGINES, CARS AND TRAINS THEREON, UPON, OVER AND ACROSS A TRACT
OF lAND IN QUIRT AVENUE~ THE CENTERUNE OF WHICH SHALL BE AT A
LOCATION 30 FEET NORTH OF THE SOUTHEAST CORNER OF THE NORTH-
EAST QUARTER OF SECTION 1, BLOCK E, G. C. AND S. F. RAILWAY SUR VEf
LUBBOCK COUNTY, TEXAS, IN THE CITY OF LUBBOCK. LUBBOCK COUNTY,
TEXAS; AND PROVIDING FOR THE REMOVAL OF THAT EXISTING INDUSTRY
TRACKACROSS QUIRT AVENUE PRIOR TO THE EXERCISE OF ANY AUTHORITf,
RIGHT, PRIVILEGE OR FRANCHISE GRANTED BY THIS 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 and lessees, be hereby granted the right, power and privilege of
locating, building, erecting, constructing, and properly maintaining one...railroad I industry track, with the necessary turnouts, switch stands, and other necessary
appliances connected ther~with, and to operate engines, cars and trains thereon,
upon, over and across a tract of land in Quirt Avenue, the cent erline of which
shall be at a location 30 feet North of the Southeast corner of the Northeast quarter
of Section 1, Block E, G. C. and S. F. Railway Survey Lubbock County, Texas,
in the City of Lubbock, Lubbock County, Texas; provided, however, that that por-
tion of the roadbed for said railroad industry track leading toward Quirt Avenue
from the West through James Addition to the City of Lubbock shall be built up with
material removed from the lower portions of the lake area located in the Southeast ..:
corner of said James Addition in accordance with the requirements of Chapter 16 Q,
the Code of the City of Lubbock.
II SECTION 2 . THAT the Fort Worth and Denver Railway Company, its suc-
cessors, assignees and lessees are hereby required and by the acceptance of this
Ordinance agrees that it will construct, maintain and operate said industrial track
and other necessary appliances incident thereto, 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 enjoyment, ingress, and egress of the abutting premises
by the owners and other lawful occupants thereof; that said railway company will p y
the total cost of paving improvements between the rails and two feet (2 1) on each
side thereof should the street be paved; that said railway company will provide at
its own expense all storm sewers and a ppurtenances thereto, and other drainage
structures 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
maintain and operate said track and other facilities, switches and turnouts inciden
1thereto in accordance with the laws of the State of Texas atd the lawful ordinances
and resolutions of the City of Lubbock in such cases made and provided.
1· SE9TION 3. This grant is made and grantee accepts the grant subject to any
covenants, use limitation, or restrictions of any character, pertaining to grantor'
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
1act o_r erect any structure on any part of the street described herein, which will in I
any manner diminish or otherwise affect or impair the grantor's title, or other
"nterest 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, attorneys fees, judgments, and court costs, which may arise out o
or relate to grantee's use of the described streets.
SECTION 4. Provided, however, that the Fort Worth and Denver Railway Co
pany; its assignees, successors or lessees, shall not enter upon or into the
exercise or enjoyment in any manner or degree of any authority, right, privilege
or franchise granted by this ordinance until such time as that railroad industry
track now existing and crossing Quirt Avenue at a point approximately 489 feet
North of the intersection of said Quirt Avenue with 58th Street in the City of Lub-
bock is completely removed and that portion of Quirt Avenue now occupied by sai
existing track is restored to street uses and placed in a reasonably well improve
and safe condition for purposes Qf public travel, which expressly includes all
paving and other construction necessary to accomplish that purpose.
AND IT IS so · ORDERED
Passed by the Commission on first reading this 26th day of February • 19 9
Passed by the Commission on second reading this 1.2th day of March , 19 ---------------M
ATT~ .
Laven Lowe, ~by-Treasurer --~ ~r ----------