HomeMy WebLinkAboutOrdinance - 4597-1965 - Granting The Panhandle & Santa Fe RR An Easement Across Erskine Street. - 01/14/1965lV ... YT:kks
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ORDINANCE NO. 4597 -----
AN ORDINANCE GRANTING THE PANHANDLE AND SANTA FE RAIL-
WAY COMPANY~ A CORPORATION~ ITS ASSIGNEES. SUCCESSORS AND
LESSEES, THE PERMJSSIVE RIGHT AND POWER AND PRIVILEGE OF LOC-
ATING, BUILDING, ERECTING~ CONSTRUCTING AND PROPERLY MAIN-
TAINING AN INDUSTRY TRACK AND TO OPERATE ENGINES~ CARS,. AND
TRAINS THEREON, UPON., IN AND ACROSS ERSKINE STREET AT A PONT
WinCH IS 844 FEET EASTERLY MEASURED ALONG THE CENTER LINE OF
ERSKINE STREET,. FROM THE POINT O F INTERSECTION OF THE CENTER
LINE OF AVENUE HAND ERSKINE STREET, IN THE CITY OF LUBBOCK.,
LUBBOCK COUNTY~ TEXAS; PROVIDING FOR CERTAIN COVENANTS ..
LIMITATIONS OR RESTRICTIONS IN THE GRANT AND PROVIDING FOR THE
EFFECTIVE DATE.
WHEREAS, Panhandle and Santa Fe Railway Company joined by Hancock
Manufacturing Company has requested the City of Lubbock to grant an easement
across Erskine S~reet for the purpose of constructing an industry tract; and
c:-·
WHEREAS .. the City of Lubbock desiring to promote the growth of privat
enterp:r:ise; 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 extending an industry track across Erskine Street in the City of
Lubbock., Texas~ at a point which is 844 feet Easterly measured along the cente
line of Erskine Street .. from the point of intersection of the center lines of
Avenue Hand Erskine Street, in the City of Lubbock, Lubbock County,, Texas;
A parcel of land 22 feet in width across Erskine Street in Section
15., Block A, more fully described as follows:
BEGINNING at the Southeast corner of a tract of land conveyed
to the City of Lubbock by deed dated September 8, 1954 and re-
corded in Volume 613., Page 125 of Lubbock County Deed Records
said Southeast corner being 1822. 0 feet West and 76. 0 feet North
of the Southeast corner of Section 15, Block A;
THENCE Southwesterly along the North line of Erskine Street on
a curve having a radius of 533. 0 feet a distance of 22. 1 feet more
or less to a point;
THENCE Southeasterly on a curve to the left having a radius of
296,. 0 feet a distance of 80. 3 feet more or less to a point in the
South Right-of-Way line of .Erskine Street;
THENCE Northeasterly along the South Right-of-Way line of
Erskine Street on a curve to the left having a radius of 613. 0
feet a distance of 22. 1 feet more or less to a point;
THENCE Northwesterly on. a curve to the right having a radius
of 2 7 4. 0 feet a distance of 8 o. 3 feet more or less to the POINT
OF BEGINNING.
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 tifiiit'ies
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 Panhandle and Santa Fe Railway Company-1 its
successors. assignees, and lessees by the acceptance of the benefits of the grant
made by this Ordinance agrees that said track and all necessary appliances in-
cident 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 constructed .. improve said street bY. paving or make any changes in
existing street grade the Panhandle and Santa Fe Railway Company shall at oncel'
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 change 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 said R -ailway
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
successorsJt assignees~ and ... lessees agree to bear all cost involved in the
construction or maintenance of said railway crossing.
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 traffice~ ii any
safety devices are required at sucll crossing.
B. Rearrange guywires on poles of a 69 KV power transmission line
on property owned by City of Lubbock and on which Panhandle and
Santa Fe Railway Company obtained an easement to cross.
c. 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 to do
so to clear the trackage.
D. Incidental items unforseen which are due to the construction and
maintenance of this industry track.
SECTION 4. THAT the Panhandle and Santa Fe Railway Company will
not let or sublet ·the whole or any part of the granted right of way for any purpose
whatsoever .. or assign tl'}.is 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 .. sueh
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 hereunde
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 of
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 whatsoever.
SECTION 6. THAT if the granted right of way or any part thereof cease
to be used at any time for the purpose granted .. the Panhandle and Santa Fe Raile
way Company will deliver up to the City of Lubbock the possession of the whole
or such part so ceased to be used.
SECTION 7. THAT if the PanhanEU.e and Santa Fe Railway Company shoul
use the granted· right of way in such manner as to hi-nder,.. delay or indanger the
public use of said 1street for drainage~ or traffic,. the Panhandle and Santa Fe
Railway Company will within ten (10) days after receipt of written notice from the
City of Lubboc~ do whatever may be necessary to remedy such condition. 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 Fe Railway Companyts
expense,. blll for cost of which the Panhandle and Santa Fe Railway Company will
promptly pay.
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