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HomeMy WebLinkAboutOrdinance - 4596-1965 - Granting Panhandle & Santa Fe RR A Spur Track N Ave T & N Ave U - 01/14/1965.... JJ .... MYT:kks y- -_ Ordinance No. 4596 amended by ~ Ordinance No. 5535. ;h r- (0 o L -~e -\9 eos ORDINANCE N0._4_5_96 __ _ \ , AN ORDINANCE GRANTING THE PANHANDLE AND SANTA FE RAIL- '/,. { k' WAY COMPANY,. A CORPORATION• ITS ASSIGNEES. SUCCESSORS AND LESSEES,. THE PERMISSIVE RIGHT AND POWER AND PRIVILEGE OF LOCAT ING. BUILDING. ERECTING• CONSTRUCTING AND PROPERLY MAINTAINING A RAILROAD SPUR TRACK AND TO OPERATE ENGINES,~ CARS, AND TRAINS THEREON.~ UPON.~ IN AND ACROSS NORTH AVENUE T AND NORTH AVENUE U IN THE CITY OF LUBBOCK• LUBBOCK COUNTY. TEXAS.~ AT DESIGNATED LOCATIONS, PROVIDING FOR CERTAIN COVENANTS. LIMITATIONS OR RESTRICTIONS IN THIS GRANT AND PROVIDING FOR THE EFFECTIVE DATE WHEREAS1 Panhandle and Santa Fe Railway Company joined by Gifford- Hill-Western., Inc.~ has requested the City of Lubbock to grant an easement across North Avenue T and North Avenue U for the purpose of constructing a spur track; and WHEREAS,. the City of Lubbock desiring to promote the growth of privat enterprise; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1, THAT the Panhandle and Santa Fe Railway Company~ its assignees, successors .. and lessees be hereby granted the right, power and privilege of locating, building, erectin~ constructing, and properly maintaining! one spur track~ with the necessary turnouts, switch stands, and other necessaryj appliances connected therewith, and to operate engines.. cars.. and trains there- on, upon .. over, and across North Avenue T and North Avenue U at points 205 feet North of the intersections of the respective streets with Harvard Street in the City of Lubbock .. Lubbock County, Texas; subject to the right of the City of Lubbock to hereafter construct and maintain. any underground 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 the City for the reasonable expense over and above that which would ordinarily be incurred by City if said rails or track were not located across said street. SECTION 2. THAT the Panhan.dle and Santa Fe Railway Company, its successors and assignees and lessees by the acceptance of the benefits of the grant made by this Ordinance agrees that said track and all necessary appliance incident thereto shall be constructed and maintained so as to conform with the present existing street grade in such manner as to interfere as little as possible with the use and enjoyment, ingress and egress, by the public of such street for drainage and traffic, and in case the City of Lubbock shall,. after said track has been con.s~ructed~ improve said street by paving or make any changes in existing street grade the Panhandle and Santa Fe Railway Company shall at once .. at its own expense.. make such changes in its track facility or traffic crossing services as may be necessary to make the same conform in its relation to such street improvements or chan.ge in existing street grade as may be reqUired by !=-=+--~ the City of Lubbock to prevent the flooding of adjacent and abutting properties; and will provide and maintain safe and uninterrupted public use of said street and continue to maintain said track and use same in the operation of its trains in such manner as to interfere as little as possible with the lawful public use and enjoyment of such street as well as ingress and egress~ of the abutting premises by the owners and other lawful occupants thereof; that sirid Railway Company will pay the total cost of paving improvements between the rails and two (2) feet 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 ordinances and resolutions of the City of Lubbock in each case made and provided. SECTION 3. THAT the Panhandle and Santa Fe Railway Company~ its successors, assignees~ and lessees agree to bear all costs involved in the con- struction or maintenance of said railway Cit'OSSing. Further Panhandle and Santa Fe Railway Company shall bear all of the costs in connection with: A. All safety devices for the protection of vehicular traffic~ if any safet devices are required at such crossing. B. Relocate or lower any and all existing water~ sewer or gas lines that now exist at the proposed crossing site if it is found necessary t do so to clear the trackage. C. Indidental items unforseen which are due to the construction and maintenance of this spur track. SECTION 4. THAT the Panhandle and Santa Fe Railway Company will no let or sublet the whole or any part of the granted right of way for any purpose whatsoever~ or assign. this right of way grant without the written consent of the City of Lubbock in each instance; provided however that in the event of a merger by the Panhandle and Santa Fe Railway Company with another company~ such shall not be considered as an assignment in violation of this Ordinance and such successor company as may be in such merger will have the same rights here- under as the Panhandle and Santa Fe Railway Company. SECTION 5. THAT in case of eviction of the Panhandle and Santa Fe Railway Company by anyone owning or claiming title to the whole or any part thereof the granted right of way~ the City of Lubbock shall not be liable to the Panhandle and Santa Fe Railway Company for any damage of any nature whatso- ever. SECTION 6. THAT if the granted right of way or any part thereof cease be used at any time for the purpose granted, the Panhandle and Santa Fe Railwa Company will deliver up to the City of Lubbock the possession of thw whole or such part so ceased to be used. SECTION·'l7. THAT if the Panhandle and Santa Fe Railway Company should use the granted right of way in such manner:.-as to hinder, delay or in- danger the public use of said street for drainage or traffic, the Panhandle and Santa Fe Railway Company will within ten (10) days afte r receipt of written notice from the City of Lubbock, do whatever may be necessary to remedy said conditions~ and if the Panhandle and Santa Fe Railway Company should fail to do so within said time, the City of Lubbock may do so at the Panhandle and Santa F Railway Company's expense, bill for cost of which the Panhandle and Santa Fe Railway Company will promptly pay. SECTION B. THAT no-legal right of the City of Lubbock to maintain, us or relocate the said street or other appurtenant facilities now located upon the granted right of way, or to construct and thereafter maintain, use and relocate any additional pavin.g improvements or traffic safety facilities as it may desire upon or across said granted right of way shall be in anywise affected by the ~ · giving of this grant. SECTION 9. THAT this license is made subject to all valid and existing contracts, agreements, licenses and easements which may affect said property covering roads, public and private, pole line and ~ppurtenances; pipe lines, or other facilities. SECTION 1 O. THAT ill ·of the foregoing sections shall inure to the bene fit of the successors and assigns of the City of Lubbock, to the same extent as t the City of Lubbock. SECTION 11. THAT this grant shall be effective from the date of the final written acceptance of this Ordinance by the Panhandle and Santa Fe Railwa Company, its agents or attorneys, and thereafter so long as said spur track shall be located on the granted right of way and is constructed and maintained in. accordance with the provisions of this Ordinance. SECTION 12., This grant is made and s·irid Railway Company as grantee accepts 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 to the public using said street; that grantee will hold grantor harmless and indemnify it against any loss damage~ claim, causes of action, suits, attorney1s fees1 judgments., and court costs, which may arise out of or relate to grantee's use of the described streets. AND IT IS SO ORDERED~ Passed by the City Council on first reading this 14th day of January~ 1965. Passed by the City Council on second reading this 28th day of January ~ 1965 Accepted by Panhandle and Santa Fe Railway Company this {! 1965. ,./' day of b.,;--,...,'-i/J'4 , I}