HomeMy WebLinkAboutOrdinance - 4019-1963 - Fort Worth & Denver Railway Co, Tract Of Land In Ave D. 311.15 Ft N Of SE Lot 25 - 02/14/1963BJMCGlJllh
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ORDINANCE NO~ H40l~
AN ORDINANCE GRANTlNG TO THE FORT WORTH AND DENVER RAIL-
WAY COMPANY" ITS ASSIGNEES, SUCCESSORS, AND LESSEES.,-THE RIGHT;--......./ ,....--I POWER, AND PRIVILEGE OF LOCATING, BUILDING, ERECTING~ CONSTRUCT-
/" \ ING AND PROPERLY MAINTAINING ONE RAILROAD INDUSTRY TRACK.t AND TO C, ~ ) OPERATE ENGINES, CARS AND TRAINS THEREON,. UPON,. OVER,. AND ACROSS
'}/ A TRACT OF LAND IN AVENUE D, THE CENTERLINE OF WHICH SHALL BE AT .\. tP A LOCATION 311.15 FEET NORTH OF THE SOUTHEAST CORNER OF LOT 25,
l~... INDUSTRIAL PARK ADDITION TO THE CITY OF LUBBOCK .. LUBBOCK COUNTY., f}!' TEXAS; SAID LINE TO EXTEND WEST FOR A DISTANCE OF 190. 21 FEET FROM
THE EAST SIDE OF A VENUE D.
l BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
I SECTION 1. THAT the Fort Worth and Denver Railway Company, its
assignees, successors and lessees, be hereby granted the right, power, and
privilege of locating .. building, erecting, constructing, and properly maintaining
one railroad industry track, with the necessary turnouts, switch stands, and other
necessary appliances connected therewith, and to operate engines, cars, and I
trains thereon, upon, over .. and across a tract of land in Avenue D, the center-
line of which shall be at a location 311. 15 feet North of the Southeast Corner of
I Lot 25., Industrial Park Addition to the City of Lubbock, Lubbock County .. Texas;
said line to extend West for a distance of 190.21 feet from the East side of Avenue
D, subject to the right of the City to hereafter construct and maintain any under-
ground utilities within said street it may deem necessary for public necessity and
convenience, and in the event an underground utility or utilities are constructed
under the rails or track of the Railway Company the Railway Company agrees to
reimburse City for the reasonable expense over and above that which would or-
dinarily be incurred by City if said rails or track were not located across said
street.
; SECTION 2. THAT the Fort Worth and Denver Railway Company, its suc-
cessors~ assignees~ an~ lessees by the acceptance of the benefits of the grant mad
by this Ordinance agrees that said track and all necessary appliances incident
thereto shall be constructed and maintained so as to conform with the present exist
ing street grade and in such manner as shall not hinder, delay or endanger the I
public use of said street for drainage and traffic, and in case the City of Lubbock
1 shall.t after said track has been constructed, improve said street by paving or mak~
any changes in existing street grade the Fort Worth and Denver Railway Company 1 !shall at once, at its own expense~ make such changes in its track facility or traffic 1 crossing services as may be necessary to make the same conform in its relation to
such street improvements or change in existing street grade as may be required
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of paving improvements between the rails and two feet ( 2) on each side thereof
should the street be paved and will maintain and operate said track and other
facilities, switches and turnouts incident thereto in accordance with the laws of
the State of Texas and the lawful Ordinanl!es and Resolutions of the City of Lubbock!
in each cases made and provided.
SECTION 3. This grant is made and said railway company as grantee ac-
cepts such grant subject to the following covenant and agreement that at...all times
during the existence of said track and appurtenances thereto upon said street to
maintain same in such manner as will not in any way diminish or otherwise affect
or impair the grantor's title or other interest in the land within the right of way of
said street and will provide, at no expense to grantor, such necessary measures to
protect the safety and welfare of the public using said street and will at all times
release, protect, indemnify and save harmless the City of Lubbock from all claim ,,
demands, judgments, loss, costs and expenses, for injury to or death of any per-
son, or loss or damage to the property of any person or persons whomsoever, in
any manner arising from or growing out of in whole or in part, the construction, _ . ..!.J
reconstruction, maintenance, operation, repair, change,~ existence, use or re-
I moval of said track as herein contemplated whether caused by the negligence of th j
City of Lubbock, its officers, servants or employees, or otherwise.
AND IT IS SO ORDERED.
Passed by the Commission on first reading this __ l_4_t_h __ day of February
1963.
I Passed by the Commission on second reading this __ 2_8_th __ day of February
1963.
ATTEST:
~---~~1b~~----------L a v lft-{i Lowe, City Secretary-Treasurer