HomeMy WebLinkAboutOrdinance - 3313-1960 - Granting Santa Fe And Panhandle Railway Operate Engines, ETC. . - 11/23/1960Jp de ~
~ ., ~ ORDINANCE NO. 3313
1.!' ---AN ORDINANCE GRANTING TO THE PANHANDLE AND SANTA FE RAILWAY
COMPANYaiTS ASSIGNEESa SUCCESSORS. AND LESSEES• THE RIGHT• POWER._
AND PRIVILEGE OF LOCATIN~ BUILDING:. ERECTING• CONSTRUCTING• AND
PROPERLY MAINTAINING ONE RAILROAD INDUSTRY TRACKa AND TO OPERA
ENGINES, CARS• AND TRAINS THEREON, UPON_. OVER. AND ACROSS MARSHA L
STREET IN LUBBOCK• TEXAS.
I
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. That the Panhandle and Santa Fe Railway Company, its assignee
successors,. and lessees,; be hereby granted the right, power,, and privilege of lo-
cating, building111 erecting, constructing, and properly maintaining one railroad in-
dustry track, with the necessary turnouts, switch stands, and other necessary app -
ances connected therewith, and to operate engines11 cars, and trains thereon, upon
over, and across Marshall Street in the City of Lubbock, Texas, at a point where
the center line of the main industrial track will cross aaid Marshall Street at a poi
approximately ZOO feet West of the West line of Avenue Pin the City of Lubbock,
T exas11 said industrial track extending in an North-South direction.
SECTION z.. That the Panhandle and Santa Fe Railway Company, its assignees
successors and lessees are hereby required and by the acceptance of this ordinanc
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 Engineerlt 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 replace, repair and
re-pave all existing pavement which is removed during construction of such spur
track at its own expense.,. and that said railway company will further install at its
own cost a planked crossing with flange rails; and that it will maintain and operate
said track and other facilities. switches and turnouts incident thereto in accordanc
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 3. This grant is made and grantee acapts the grant subject to any
covenants• use limitation• or restrictions .. of any character:t pertaining to grantor1
title ox easement in the land upon which the streets here"in 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, assigns111 and lessees not to do or perform an
act or erect any structure on any part of the street described herein,. which will
in any manner dimish or otherwise affect or impair the grantorts title~ easement,·
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• attorney's fees,. judgments~, and court costs, which may arise out
of or relate to grantee t s use of the de scribed streets.
AND IT IS SO ORDERED
Passed by the Commission on first reading this 23rdday of._ __ N:.;.ov::;.;:..e:::m:.:b~e::.::r:......_....:• 1960
Passed by the Commission on second reading this
~ f:.ity Attorney
IJ . ,, ,.~ ~1 EXHIBIT "A" fO CON rr<ACT ~ET JIFE.N PANHANDLE AND SANTA FE RAILWAY COMPANY SLATON DI·JISION PLAINVIEW DIST·<ICT J\ NO S.F. CO. IF ('{;\ii'l ~ SffD cr M PkNY COVE£l lNG 14GB' OF SCALE: 1" 100' DATED: NOVEMBE£l 14, 1960 ,Cp o· INDUSffiY mACK AT LUBBOCK, LUBBOCK COUNTY. TEXAS D. E. 0. SLATON, TEXAS, No. 69C8 ~./~~ , f_. Division Eiitineer. I ckntified by ~(),~ ~,j:' ~{ I466'0F 1NOtJSTf1Y m~k CO\I~:~TII'·tG OF 1271'FROM EAST HB TC CP AND '.n4' FROM 'A EST H£3 TO CP AND 1246~' FI<OM CP TO CP AS SHOWN IN !lEO. ' ,. ... STA.0•9a~JFK. 210 STA. /o /0 ~() 'a ~h· C. 0• <J " < dN SURVEY 16 -BLOt,~' A _ £ mAr.K 210 ;I_ -------·--. -·------······-------f '\,' '"" '\ ~'\ '· '.., ·, \. ' ' ' ., ' ' . \.' ~ '-"''' . "\ ' ' ' ). ' ' " " ). ). "\ '\ '\ '\ '\ '\ '\ '\ ~~~ \."'-. 49' 124Ei PROPErlTY 0F "'!"ErH~INAL BUILDING CORP. Of TEXAS An. 14 WD-LST 1177 V-7 28 \ 9°3o'r. IIQ 11' ~ 7' 1174 l. \ \ g·~~ €:)~ &5r \ ~ w IJ..j F STA.IS•316 (/) I L__-·-·-__ __j <l 'TnACK 211 93~ I ~5(D'C I 4•}6'~ ~ rq~L i > kl ? .,~ ,_ c: f'\C\ 0