HomeMy WebLinkAboutOrdinance - 3352-1961 - Granting Ft. Worth And Denver Railway ETC Oporating City - 01/12/1961JPB: c
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O;RDINANCE NO,; 3352
01-2LP-t9LQ I
AN ORDINANCE GRANTING TO THE FORTWORTHAND DENVER RAILWA ,
ITS ASSIGNEES,. SUCCESSORS. AND LESSEES;., THE RIGHT~ POWER AND PRI-
VILEGE OF LOCATIN~ BUILDING,ERECTINO. CONSTRUCTING AND PROPER
MAINTAINING ONE RAILROAD INDUSTRY TRACK_. AND TO OPERATE ENGINE
CARS. AND TRAINS THER.EON:tt UPON~ OVE~ AND ACROSS OAK A VENU~
MAGNOLIA AVENUE• KINO AVENUE AND IVORY AVENUE IN LUBBOC~ TEXA .;.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. That the Fort Worth and Denver Railway Company• its assigne s:a
successors~ and lesseeslll be hereby granted the righ~ power, and privilege of lo-
cating,. building;~ erecting,_ constructing •. and properly maintaining one railroad in
dustry track, with the necessary turnouts,. switch stands, and other necessary ap · ...
ances connected therewit~ and to operate enginesa cars• and trains thereonll upo
overlll and across the following streets and avenues in the City of Lubbocka Lubboc
CoWlty., Texas: Across Oak Avenue at a point approximately 345 feet North of
centerline of 58th Street; across Magnolia Avenue at a point approximately 338
feet North of centerline of 58th Street; across King Avenue at a point approximate!
312. feet North of centerline of 58th Street; across Ivory Avenue at a point appro:xi
mately 312. feet North of centerline of 58th Street-a all in the City of Lubbock,.
Lubbock County, Texas ..
SECTION 2. That the Fort Worth and Denver Railway Company, its assig-
nees., su~cessors 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 theretotll so as to conform to the grade es
tablished 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
at its own expense pay the costs of paving all space occupied by said track,. if any
road• street~ or alley that is crossed should be now or hereafter paved and will
re-pave all existing pavement• if any• which is removed during construction of
such Spur track at its own expense; and that it will maintain and operate said trac
and other facilities~'-switches and turnouts incident 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 3. This grant is made and grantee accepts the grant subject to an
covenants_,, use limitation,. or restrictionslf. of any character,. pertaining to grantor1 s
title or easement in the land upon which the streets herein de scribed are located,.
and in consideration of this grant,. grantee agreesa binds, and obligates itself to
abide by all such lawful covenants'JI use limitation sa and re strictionsJ; if any; that
grantee binds itself~ its successors• assigns,. 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 dimip.ish or otherwise affect or impair the grantorts title~. easemen ill
or other interest in the land within the right-of-way of said street; that grantee wi ·
hold grantor harmless and indemnify it against any loss~ damage·. claim~ c:auses
of action~ suits,, attorneyts fees,. judgments., and court· costs,. which may arise ou
of or relate to grantee1 s use of the described streets. ·
AND IT IS SO ORDERED
Passed by the Commission on first reading this 12th day of January ,. 1961.
Passed by the Commission on second reading this 26th day of , J.ag.uary , 1961.
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