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HomeMy WebLinkAboutOrdinance - 6249-1971 - Easement In Stanton Industrial Dist. From Atchison, Topeka & Santa Fe Railway Co - 11/24/1971V ORDINANCE NO. 6249 AN ORDINANCE GRANTING THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, A CORPORATION, ITS ASSIGNEES, AND SUCCESSORS AND LESSEES, THE PERMISSIVE RIGHT AND POWER AND PRIVILEGE OF LOCATING, BUILDING, ERECTING, CONSTRUCTING AND PROPERLY MAIN- TAINING A RAILROAD SPUR TRACK AND TO OPERATE ENGINES, CARS, AND TRAINS THEREON, UPON, IN ~-AN ALLEY BETWEEN HARVARD STREET AND MARSHALL STREET, STANTON INDUSTRIAL DISTRICT, IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AT DESIGNATED LOCATIONS PRO- VIDING FOR CERTAIN COVENANTS, LIMITATIONS OR RESTRICTIONS IN THIS GRANT AND PROVIDING FOR THE EFFECTIVE DATE. The WHEREAS,/Atchison, Topeka and Santa Fe Railway Company has requested the City of Lubbock to grant an easement upon an alley in the Stanton Industrial District, for the purpose of constructing a spur track; and, WHEREAS, the City of Lubbock desiring to promote the growth of private enterprise; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THATThe Atchison, Topeka and Santa Fe Railway Company, its assignees, successors, and lessees be hereby granted the right, power and privilege of locating, building, erecting, constructing, and properly maintaining one spur track, with the necessary turnouts, switch stands, and other necessary appliances connected therewith and to operate engines, cars, and trains thereon, upon, over, and across a portion of the alley situated between Harvard Street and Marshall Street, Stanton Industrial District, City of Lubbock, Lubbock County, Texas, a description and drawing of which is attached hereto and made a part hereof. Subject to the right of the City of Lubbock to hereafter construct and mai tain any underground utilities within said alley 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 Compan agrees to reimburse the City of Lubbock 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. THATThe Atchison, Topeka and Santa Fe Railway Company, it successors and assignees and lessees by the acceptance of the benefits of the grant made by this Ordinance agrees that track and all necessary appliances in- cident thereto be constructed and maintained so as to conform with the proposed grade in such manner as to not interfere with the use and enjoyment, ingress and egress, by the public of such alley for drainage and continue to maintain said trac '--' , 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 alley as well as ingress and egress of the abutting premises by the owners and other lawful occupants thereof; SECTION 3. THATT.he Atchison, Topeka and Santa Fe Railway Company, its successors, assignees, and lessees agree to bear all costs involved in connection with: A. Relocation or lowering of any and all existing water, sewer or other utility lines at the proposed crossing site and within this easement, to do so to clear the trackage and all future water and sewer lines constructed by the City of Lubbock, crossing under the track. B. Incidental items unforseen which are due to the const ruct ion and main- tenance of this spur track. SECTION 4. THATThe A~chison, Topeka 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 this right of way grant without the written con- sent of the City of Lubbock in each instance; provided however that in the event of a merger byToe Atchison, Topeka and Santa Fe Railway Company with another company, such shall not be considered as an assignment in violation of this Ordin- ance, and such successor company as may be in such merger will have the same rights hereunder as'Uhe Atchison, Topeka and Santa Fe Railway Company. SECTION 5. THAT in case of eviction ofThe 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 toThe Atchison, Topeka and Santa Fe Railway Company for any damage of any nature whatsoever. ~2- I I\ I 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 Santa Fe Railway 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'lbe Atchison, Topeka and Santa Fe Railway Company should use the granted right of way in such manner as to hinder, delay or indanger the public use of said alley for drainage or traffic, The Atchison, Topeka and Santa Fe Railway Company will within ten (lO)days after receipt of written notice from the City of Lubbock do whatever may be necessary to remedy said conditions, and ifThe Atchison, Topeka and Santa Fe Railway Company should fail to do so within said time, the City of Lubbock may do so asThe Atchison, Topeka and Santa Fe Railway'Company's expense, bill for cost of whichThe Atchison, Topeka and Santa Fe Railway Company will promptly pay. SECTION 8, THAT no legal right of the City of Lubbock to maintain, use or relocate the said alley 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 existing contracts, agreements, licenses and easements which 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 benefit 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 byThe Atchison, Topeka and Santa Fe Rail- way 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. THAT 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 alley to maintain same ·in such manner as will not in any way diminish or other- wise affect or impair the grantor's title or other interest in the land within the right of way of said alley and will provide, at no expense to granter such necessary measures to protect the safety and welfare to the public using said alley; that grantee will hold granter harmless and indemnify it against any loss, -3- ·sw damage. claim, causes of action, suits, attorney's fees, judgments and court costs, which may arise out of or relate to grantee1s use of the described s-t'f'-eeffl'. · alley. AND IT IS SO ORDERED. Passed by the Council on first reading this 24thd Passed by the Council on second reading this i,;,, APPROVED AS TO FORM: The of _ _.:.N_.:.~...;..v...;..e""'mb_e~----• 1971. ayof ~ , 197 \lay of , 197,,.. ~ ACCEPT,=by/Atchison, Topeka and Santa Fe Railway Company this __ __,,,r.::::.tt<:;;;;...::~:,,.._----- THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY BY_d~.~--~-- ASSISTANT TO G~ERAL MANAGII( No Text