HomeMy WebLinkAboutOrdinance - 3253-1960 - Granting Ft. Worth And Denver Railway Rights, ETC. 44Th St. - 09/08/1960JPB;fic
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ORDINANCE NO. 3253
AN ORDINANCE GRANTING TO THE FORT WORTH AND DENVER RAILWAY
COMPANY a ITS ASSIGNEES, SUCCESSORS. AND LESSEES~ THE RIGHT• POWER,
AND PRIVILEGE OF LOCATING,. BUILDING, ERECTING., CONSTRUCTING AND
PROPERLY MAINTAINING RAILROAD INDUSTRY TRACKS AND TO OPERATE
ENGINES,. CARS, AND 1r.RAINS THEREON., UPON._ OVERa AND ACROSS THE
FOLLOWING TRACTS OF ·LAND;r, TO-WIT; IN 44TH STREET,. THE CENTERLINE
OF WHlCH SHALL BE AT A LOCATION 300 FEET WEST OF THE WEST
PROPERTY LINE OF LOCUST AVENUE IN THE CITY OF LUBBOCK,. LUBBOCK
COUNTY• TEXAS; AND IN GLOBE AVENUE• THE CENTERLINE OF WHlCH SHAL ~
BE AT A LOCATION 315 FEET NORTH OF THE NORTH PROPERTY LINE 0~
44TH STREET IN THE CITY OF LUBBOCK,. LUBBOCK COUNTY,. TEXAS.
?I)~! ~!11 V'Jv BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
J,JAf1 SECTION 1. THAT the Fort Worth and Denver Railway Company;~~ its assignees#-
-U successors and lessees• be hereby granted the right~ power• and privilege of lo-
cating;~ building, erecting:~ constructing, and properly maintaining railroad indus-
try tracks, with the necessary turnouts, switch stands, and other necessary appli-
ances connected therewith, and to operate engines~ carsll and trains thereon, upon
over, and across the following tracts of land,. to-wit; In 44th Street, the centerline
of which shall be at a location 300 feet West of the West property line of Locus
!Avenue in the City of Lubbock~. Lubbock County, Texas; and in Globe Avenue, the
centerline of which shall be at a location 315 feet North of the North property
~ine of 44th Street in the City of Lubbock,. Lubbock County, Texas.
SECTION z. THAT the Fort Worth and Denver Railway Company, its successor •
assignees and lessees are hereby required and by the acceptance of the Ordinance
agrees that it will construct,. maintain and operate said industrial tracks and other
necessary appliances incident thereto11 so as to conform to the grades 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 (21) on each side thereof
should the street be paved; that said railway company will provide at its own expens ~
all storm sewers and appurtenances thereto, and other drainage S:ructures which
may become necessary for proper drainage of the areas by virtue of the construc-
tion of such tracks over, upnn or across said streets, and that it will maintain and
operate said tracks and other facilities. switches and turnouts incident thereto in
accordance with the laws of the State of Texas and the lawful ordinances and resolu
ions of the City of Lubbock insuch cases made and provided.
SECTION a. This grant is made and grantee acc~pts the grant subject to any
covenants• use limitation, or restrictions of any character, pertaining to grantor's
title or easement in the land upon which the streets herein described are located7
and in consideration of this grantll 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 todo or peiorm any
act or erect any structure on any part of the streets described herein, which will i n
any manner diminish or otherwise affect or impair the grantor's title, or other in-
terest in the land within the right-of-way of said streets, that g:mntee will hold
grantor harmless and indemnify it against any loss, damage, claim, causes of ac-
tionst suits31 atlorney*s feesa judgments, and court costs, which may arise out of or
"'~_, relate to grantee1s use of the described streets.
AND IT IS SO ORDERED
Passed by the Commission on first reading this 8,th _day of Sept~mber " 196 0.
Passed by the Commission on second reading this 22nd day of . September ., 1960.
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