HomeMy WebLinkAboutOrdinance - 2127-1957 - Granting To Panhandle And Santa Fe Railway Co. Operating/Constructing R/R Tracks - 01/24/1957~ . -
~ .... -~ ORDINANCE NO.o 2127
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t \~~, AN ORDINANCE GRANTING TO THE PANHANDLE AND SANTA FE \~ RAILWAY COMPANY, ITS ASSIGNEE~ SUCCESSORS., AND LESSEES,. THE
(J../-5'f RIGHT~ POWE~ AND PRIVILEGE OF LOCATING~ BUILDING, ERECTING~
~!#".. CONSTRUCTING~ AND PROPERLY MAINTAINING ONE OR MORE RAILROAD :z.. INDUSTRY TitACK~ AND TO OPERATE ENGINES• CARS, AND TRAINS THERE-
tr,H'-F'? 0~ UPON> OVER., AND ACROSS NORTH AVENUE~ IN LUBBOCK» TEXAS.o
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BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. That the Panhandle and Santa Fe R.a.ilway Company,_ its
assignees, success.o~s, and le ssees~ be hereby granted the righta power, and
privilege of locating) building, erecting,. constructing, and properly maintaining
one or mo.re railroad industry tracks,, with the neceasa.ry turnouts, switch
stands~ and other necessary appliances c onnected therewith. and to operate
engines, cars• and trai ns thereon, upon, over, and across North Avenue Kin
the City of Lubbock-Texas, at a point where the center line of the main indus-
trial lead track will c ross said North Avenue Kat a point approxi:mately
1816 feet South of the center line of Erskine Avenue, il1 the City of Lubbock,
Texas, said industrial lead track extending in an East-West direction •
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SECTION Z. That the Pa.nhandle and Santa Fe Railway Company~ its
aseignees7 successors and lesa.ees are hereby requir etl and by the acceptance
of this ordinance ag.rees that it will construct~ maintain and operate said
industrial track and other necessary appliances incident theretoJ so as to
conform to the grade established by the City Engineer, and in such manner as
to interfere as l~ttle as possible with the use and enjoyment~ ingress and egress
of the abutti ng premisea by the owners .and other lawfUl occupants thereof;
that said railway company will pay the total cost of paving improvements
between the rails and two (Z') feet on ea..c h aide thereof should the street be
aved; that said railway company will provide a.t its own expense all storm
sewers and appurtenances thereto, and other drainage structures which may
ecome necessary for proper drainage of the area by virtue of the construction
of such tratk over~ upon or across sai d street; and that it will maintain and
perate said track and other facilities~ switches and turnouts incident thereto
n accordance with the laws of the State of Texas l and the lawful ordinances and
esolutiona of the City of Lubbock in such cases made and provided.
SECTION 3. This grant is made and grantee accepts the grant subject
o any covenants, use limitation~ or restrictions., of any character~ pertaining
o grantorrs title or easement i n the land upon which the streets herein described
e loc ateda and in consideration of thia grant, grante~ agrees~ binds, and
bligates itself to abide by all such lawful covenants, use l im.ita.tions;a and restric-
ions:l if any1 that grantee binds itself, its succesaors~ as.signs, and lessees not
o do or perform any act or erect any structure on any part of the street
escribed herein, which will in any manner diminish or oth~rwise affect or
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pair the grantorts title~ easement~ or other interest in the land within the'
ight-of-way of said street; that grante~ will hold gra.nto.r harmless and in.demn.lfy
it against any los~ damage~ claim, causes of actio~ suits, attorney's fees~
udgments, and court costs) which may aris.e out of o.r relate to grantees t s
u,se of the described .str~ets.
AND lT IS SO ~ ORDERED.
Pas.sed by the Commission on first reading this.24-d.ay of January
Passed by the Commiaaion on second reading this 14 day of February
SG:sam