HomeMy WebLinkAboutOrdinance - 3594-1961 - Granting Ft Worth And Denver RR Land On 42Nd St. Locust Ave, Magnolia Ave. - 09/14/1961AN ORDINANCE GRANTING TO THE FORT WORTH AND DENVER RAILWAY
COMPANY • ITS ASSIGNEES,. SUCCESSORS. AND LESSEES• THE RIGHT,. AND
PRIVILEGE OF LOCATING• BUILDINGl ERECTING,. CONSTRUCTING AND
PROPERLY MAINTAINING RAILROAD INDUSTRY TRACKS,. AND TO OPERAT
ENGINESa CARS. AND TRAINS THEREON• UPON~ OVER. AND ACROSS THE
FOLLOWING TRACT.S OF LAND,. TO-WIT: ON 42ND STREET PARALLEL TO
THE EXISTING TRACK LOCATED BETWEEN LOCUST A VENUE AND MAGNOLJA
AVENUE THE CENTERLINE OF WHICH SHALL BEAT A LOCATION THREE
HUNDRED TWENTY-FIVE (325) FEET WEST OF THE CENTERLINE OF MAG-
NOLIA A VENUE; AND ON GLOBE A VENUE PARALLEL TO THE EXISTING
TRACK LOCATED BETWEEN 44TH STREET AND 46TH STREET THE CENTER,--
LINE OF WHICH SHALL BE AT A LOCATION THREE HUNDRED THIRTY-SEVE
(337) FEET SOUTH OF THE CENTERLINE OF 44TH STREET; AND ON 44TH
STREET PARALLEL TO THE EXISTING TRACK BETWEEN LOCUST AVENUE
AND GLOBE A VENUE~ THE CENTERLINE OF WinCH SHALL BE AT A LOCA-
TION THREE HUNDRED FORTY {340} FEET WEST OF THE CENTERLINE OF
LOCUST AVENUE ALL IN THE CITY OF LUBBOCK •. LUBBOCK COUNTY,.
TEXAS.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION I. THAT the Fort Worth and Denver Railroad Company, its assignees
successors and lessees,. be hereby gmnted the RIGHTa POWER,, and PRIVILEG
of locating, building, erecting~ constructing~ and properly maintaining railroad
industry tracks* together with other necessary appliances connected therewith,
and to operate enginesJ cars. and trains thereon., upon, over and across the
following tracts of land, to-wit:
On 42nd Street parallel to the existing track located between _ -. .H
Locust Avenue and Magnolia Avenue the centerline of which
shall be at a location Three Hundred Twenty-five (325) Feet
West of the centerline of Magnolia Avenue ; and on Globe Avenue
parallel to the existing track located between 44th Street and
46th Street the centerline of which shall be at a location Three
Hundred Thirty-seven {337) feet South of the centerline of 44th
Street; and on 44th Street parallel to the existing track between
Locust Avenue and Globe Avenue, the centerline of which shall
be at a location Three Hundred Forty (340) feet West of the
centerline of Locust Avenue all in The City of Lubbock, Lubbock
County, Texas.
SECTION II. THAT the Fort Worth and Denver Railway Company, its successor 1
assignees and lessees are hereby required, and by the ·acceptance of this Ordi-
nance agrees that it will construct~ maintain and operate said industrial tracks
and other necessary appliances incident thereto so as to confo.t'm to the grades
established by the City Engineer, and in such manner as to interfere as little
as possible with the use, enjoyment,. ingress and egress of the abutting premise
by the owners and other lawful occupants thereof; THAT said railway company w ' 1
pay the total cost of paving improvements between the rails and two feet (2) on
each side ther eof should the streets be paved; THAT said railway company will
provide at its own expense all storm sewers and appurtances thereto11 and other
drainage structures which may become necessary for proper drainage of the
areas by virtue of the construction of such tracks, and that it will maintain and
operate said tracks and other facilities .inddent thereto in accordance with the
laws of the State of Texas and the lawful ordinances and resolutions of the
City of Lubbock insuch cases made and provided.
SECTION ill• THAT this grant is made and grantee accept the grant subject to
any covenants, use limitations or restrictions of any character pertaining to
grantorfs title or easement in the land upon which the streets herein described
are located,. and in consideration of this grant1 grantee agrees,. binds and ob-
ligates itself to abide by all such lawful covenants,. use limitations and restric-
tion, if any; THAT grantee binds itself, its successors, assignees and lessees
not to do or perform any act or erect any structure on any part of the streets
described herein, which will in any manner diminish or otherwise affect or im-
pair the grantor1s title, or other interest in the land within the right-of-way of
said streets1 THAT grantee will hold grantor harmless and indemnify it against
any loss. damages, claiJn• causes of action, suit, attorney1s fees• judgments
and court costs which may arise out of or relate to grantee1s use of the describe,
street1 THAT the grantor shall not be liable for any injury to or death of a per-
son. or loss of or for damage to the property of any person or persons whomso-
ever~ or for any other cause, including the parties hereto and their employees1
in any manner aris1ng from or growing out of the entry upon. occupation or use
of the said premises, or the location, construction. reconstruction, existence,.
use, operation, restriction, repair or maintenance of said street and appur-
tenant facilities thereto, or for any other occurrences whether similar or
dissimilar to the occurrences •. occupation and uses herein enw:uerated; other
than damage by injury or loss of life or damage to the property brought about
by the negligent acts of grap.tor• its agents, servants. or employees.
SECTION IV. The City Secretary-Treasurer shall cause publication of this
ordinance once a week for two consecutive weeks in a newspaper regularly pub-
lished in the City of Lubbock, and this ordinance shall become effective 10 days
after the second publication thereof.
AND IT IS SO ORDERED:
Passed by the Commission on first reading this_l:.4..:.t;:;;h~ ___ day of _____ _
Septaber 1 1961 •
Passed by the Commission on Sec ond reading this __ 2_8_t_k ____ day of Septeaber
________ __..,.:1 1961.
Laveni reasu.rer