HomeMy WebLinkAboutOrdinance - 3963-1962 - Granting Fort Worth & Denver Railway RR Industry Track 222.8 Ft N Of 42Nd St. - 11/20/1962/,
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Not finally passed See Ordinance 398'5" ORDINANCE NO. __....o<..w...._ __ J]
AN ORDINANCE GRANTING TO THE FORT WORTH AND DENVER RAILWAY
!COMPANY. ITS ASSIGNEES, SUCCESSORS. AND LESSEES~ THE RIGHT. POWER_.
--' !AND PRIVILEGE OF LOCATING. BUILDING,. ERECTING~ CONSTRUCTING AND
P ROPERLY MAINTAINING ONE RAILROAD INDUSTRY TRACK,. AND TO OPERAT ENGINES~ CARS._ AND TRAINS THEREON. UPON_.. OVER,. AND ACROSS A TRACT /~ 'bF LAND IN QUIRT AVENUE~ THE CENTERLINE OF WHICH SHALL BE AT A
/ 'b l.Q !locATION 222.8 FEET NORTH OF THE NORTH PROPERTY LINE OF 42ND
1f )J ''STREET IN THE CITY OF LUBBOCK~ LUBBOCK COUNTY~: TEXAS. '-/ c I
\\,.( iBE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
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SECTION 1. THAT the Fort Worth and Denver Railway Company, its assignee
'rmccessors and lessees, be hereby granted the right, power .. and privilege of
il.ocating, building, erecting, constructing., and properly maintaining one railroad f ·ndustry track, with the necessary turnouts, switch stands, and other necessary
!r ppliances connected therewith, and to operate engines, cars, and trains thereon,
:upon, over .. and across a tract of land in Quirt Avenue. the centerline of which sha
be at a location 222. 8 feet North of the North property line of 42nd Street in the City
of Lubbock, Lubbock County, Texas.
SECTION 2. THAT the Fort Worth and Denver Railway Co!npany, its successo s,
assignees and lessees are hereby required and by the acceptance of this Ordinance ~grees that it will construct, maintain and operate said industrial track and other
hecessary appliances incident ~ thereto, so as to conform to the grade ·established II by the City Engineer, and in such manner as to interfere as little as possible with
1rhe 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 br paving improvements between the rails and two feet (2') on each side thereof shou d ~he street be paved; that said railway company will provide, construct and maintain
at its own expense prior to cpnstruction of its own track facilities as herein contem ~lated a __ storm sewer and appurtenances thereto in accord with plans designed to
provide proper .and necessary drainage of the area as approved by the City Engineer
;or which may hereafter on a determination made by the City Commission become
necessary for proper drainage of the area by virtue of the construction of such
t rack over, upon or across said street; and that it will maintain and operate said
f rack and other facilities, switches and turnouts incident thereto in accordance
jWith the laws of the State of Texas and the lawful ordinances and resolutions of the
,City of Lubbock in such cases made and provided. i SECTION 3. This grant is made and grantee accepts the grant subject to any
1covenants, use limitation, or restrictions of any character., pertaining to grantor's
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 it.:selfto abid
by all such lawful covenants,· use limitations, and restrictions, if any; that grantee
ibinds itself, its successors, assigns and lessees not to do or perform any act or
erect any structure on ~ny part of the street described herein, which will in any
I manner diminish or otherwise ~feet or impair the grantor's title,. or other interest
I in tl'\e land within the right-of-way of said street; and will reimburse grantor for
any and all additional cost which may be incurred by grantor in its future use of 1
the street by virtue of grantee's construction on the street as described in Section 1~
that grantee will hold grantor harmless and idemnify it against any loss~ damage~
claim, causes of action~ suits, attorneys fees, judgments, and court costs, which I may arise out of or relate to grantee's use of the described streets.
I AND IT IS so ORDERED ..
Passed by the Commission on first reading this 20th day of November .t 1962
Passed by the Commission on second reading this day of ______ ---', 1962
JACK F. STRONG# Mayor
~ATTEST:
Lavenia Lowe, City Secretary-Treasurer
ORDINANCE
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FIRST READING
ONLY
NO FINAL
PASSAGE