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Home My WebLink AboutOrdinance - 5880-1970 - Easement Requested By Atchison, Topeka And Santa Fe Railway Co. - 04/23/1970i f ORDINANCE NO. --"58,.,_,8,.,,o ___ _ AN ORDINANCE GRANTING ,THE ATCHISON, TOPEKA.. AND SANTA FB RAILWAY COMPANY, A CORPORATION, ITS ASSIGNEES, AND SUCCESSORS AND LESSEES, THE PERMISSIVE RIGHT AND POWEH, AND PRIVILEGE OF LOCATil.::fG, BUILDING., ERECTING, CONSTRUCTING AND PROPERLY MAINTAINING A RAILROAD SPUR TRACK AND TO OPERATE ENGINES, CARS, ! AND TRAINS THEREON, UPON, IN AND ACROSS MUNICIPAL DRIVE IN THE ! CITY OF LUBBOCK, LUBBOCK COUNTY., TEXAS, AT DESIGNATED LOCATION*, PROVIDING FOR CERTAIN COVENANTS, LIMITATIONS OR RESTRICTIONS IN [! THIS GRANT AND PROVIDING FOR THE EFFECTIVE DATE. I WHEREAS, Atchison, Topeka and Santa Fe Railway Company has reques- ted the City of Lubbock to grant an easement across Municipal Drive for the pur-_ pose of constructing a spur tract; and, WHEREAS, the City of Lubbock desiring to promote the growth of private enterprise; NOV✓ THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL 0:F' THE CI°TY OF' LUBBOCK: I I I I SECTION 1, THAT the Atchison, Topeka and Santa Fe Railway Company, II its assignees, successors, and lessees be hereby granted the right, power and , ) privilege of locating, building, erecting, constructi.ng, and properly maintaining 1 one spur track, with the necessary turnouts, switch stands, and other necessary I appliances connected therewith, and to operate engines, cars, and traLns thereon, , upon, over, and across Municipal Drive 1341. 8 feet Southwest of the center line I of Guava Avenue in the City of Lubbock, Lubbock County, Texas; subject to the I 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 con-, venience, and in the event an underground utility or utilities are construc'ted unde1 ! the rails or track of the Railway Company, the Railway Company agrees to reim~ burse the Citv of Lubbock for the reasonable exDense over and above that which would ordina;ily be incurred by C Lty if said raiis or track were not located across\ said street. , SECTION 2. THAT the Atchison, Topeka and Santa Fe Railway Company, its successors and assignees and lessees by the acceptance ·of the benefits of fr1e 11 grant made by this Ordinance agrees that said tract and all necessary appliances incident thereto shall be constructed and maintained so as to conform with the • present existing stre-'..!t grade in such manner as t~ interfere as little as possib~-B I with the use and enjoyment, ingress and egress, by the public of such street 1 for drainage and traffic, and in case the C i.ty of Lubbock shall, after said track l has been constructed, imp-rove sai d street by paving or make any changes in I existing street grade the Atchison, Topeka and Santa Fe Railway Compapy shall a t:! l once at its own expE:nse, make such chang es in its tract fadlily or traffic c t·oss-i: 1 ing services as rn.ay be n e cessary to m ake the same conforin in its relation to sue:~ 1 street in:prove rnents or change in existing street grade as may be required by I! 1l ,! H L IJ the City of Lubbock _to prevent the flooding of adjacent and abutting properties; 1 nd will provide and maintain safe and uninte.rrupted public use of said street f . .nd continue to maintain said tract 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 owenrs and other lawful occupants thereof; that said Raihvay Company will pay the total cost of paving improvements between the rails and two (2) feet on each side thereof sh::uld the street be paved and wlll maintain and ope rate said tract and other facilities switches and turnouts incident thereto in accordance wit! 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 Atchison~ Topeka and Santa Fe Railway Company, its successors, assignees, and lessees agree to bear all costs involved in the construction.or maintenance of said railway crossing, Further Atchison, Topeka and Santa Fe Railway Company shall bear all of the costs 'in connection with: A. All safety devices for the protection of vehicular and pedestrian traffic, as determined and required by the City of Lubbock 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 to do so to clear the trackage, C, Incidental items unforseen which are due to the construction and maintenance of this spur track, SECTION 4. THAT the Atchison, Topeka and Santa .F'e Railway Company will not 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 Atchison, Topeka 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 hereunder as the Atchison, Topeka and Santa Fe Railway Company. SECTION 5, THAT in case of eviction of the Atchison, Topeka 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 Atchison, Topeka 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 Atchison, Topeka and Sant~ Fe I Railway Compapy will deliver up to the City of Lubbock the possession of the who\ or such part so ceased to be used. 1 I I ______ l_ __ ----- -I ll .. ==========!I =-""'--~= ---= -· ---. . ···r-· , SECTION 7. THAT if the Atchison, Topeka and Santa Fe Railway Companj s hould use the granted right of way in such manner as to hinder, delay or indangeill the public use of said street·for drainage or traffic, the Atchison, Topeka and Santa Fe Railway Company will with1.n ten (10) days after receipt of written notice I from the City of Lubbock do whatever may be necessary to remedy said conditions and if the Atchison, Topeka and Santa Fe Railway Company should fail to do so within said tim e, the City of Lubbock rn.ay do so at the Atchison, Topeka and Santa, Fe Railway Company's expense, bill for cost of which the Atchison, Topeka and Santa Fe Railway Company will promptly pay. . '" ..:s SECTION 8. THAT no legal right of the City of Lubbock to maintain, use 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 paving 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 ex isting contracts, agreements, licenses and easements wh ich may affect said property covering roads, public and private, pole line and appurtenances; pipe lines, or other facilities. SECTION 10. THAT all 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 to the City of Lubbock. SECTION 11, THAT this grant shall be effective from the date of the final written acceptance of this Ordinance qy the Atchison, Topeka and Santa Fe Railway 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 maintaine in accordance with the provisions of this Ordinance. SECTION 12. TEiAT this grant is made and said 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 -o_therwise affect or impair the grantor 1s title or other interest in the land within the right of way of said stree~ 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, caui:::es of action, suits, attorney's fees, judgments, and court costs, which may arise out of or relate to grantee's use of the described streets. I ,, t I ·J !i ==*L=_ .=,, :==c=, =:..,:;= __ =-=r====•A=N=D=_=l=!f=I=S=S=O=O=R=D=E=R=E=~=D=.======--=-·=,=· ====·-,· =-- 11 , 1 })assed by the Council on first reading this ----23+.d~ Passed by the Council on second reading this _-th ATTESf--..., ~---.... _ __@;}~/(; ttt_ --· ✓, \s; ~------- Lavenia Lowe, City :eci:etary-Treasurer APPROVED: ~-v,.,.., ;,..,L ---{_ // ~1 -· -/:. /,,,--r ---._-/7) ,,,-, : c C , /,:-')..J.:-,,-,c L t"; ·. /,.,.( Fred 0. Senter, Jr., City Attorn-e-~y-----._,.,. -----'A--'tp,_,_r_._i_._J ___ ., 19 7 o . -...:M;:,:a::.,.y ____ ., 197 0. OR _JJ ACCEPTED y Atchison, Topeka and Santa Fe Railway Company this ~ __ day of_~,..-.l!ld.,4--___ ., 1970. ATCHISON., TOPEKA AND SANTA RE RAILWAY COMPANY BY Jj