HomeMy WebLinkAboutOrdinance - 5535-1968 - Amend Ordinance 4596 To Grant Atchison, Topeka & Santa Fe Railway Co. Operatons - 09/12/1968ORDINANCE NO.. 5535
AN ORDINANCE AMENDING ORDINANCE NO. 4596 OF THE CITY OF LUBBOC
TO GRANT TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
THE PERMISSIVE RIGHT AND POWER AND PRIVILEGE OF LOCATING., BUILD-,
ING AND MAINTAINING A RAILROAD SPUR TRACK AND TO OPERATE ENGINES~
CARS AND TRAINS THEREON, UPON, IN AND ACROSS THE NORTH-SOUTH
95Ft No. ALLEY BETWEEN NORTH AVENUE T AND NORTH AVENUE U IN THE CITY OF
f Harvard. LUBBOCK, TEXAS1 AT DESIGNATED LOCATIONS, SUBJECT TO CERTAIN
COVENANTS AND qONDITIONS AND PROVIDING FOR THE EFFECTIVE DATE.
WHEREAS., the City Council of the City of Lubbock has heretofore., by Ordinanc
No. 4596, granted an easement to the Panhandle and Santa Fe Railway Company pe
mitting the constructing and maintaining of a spur track across North Avenue T and
orth Avenue U; and
WHEREAS, such Ordinance was silent as to an easement or permission to locate
a spur track in and upon the North-South alley between North Avenue T and North
venue U; and
WHEREAS, the City Council desires to clarify and more fully set forth the ease-
ent granted by Ordinance No. 4596; NOW THEREFORE:
E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Ordinance No. 4596 BE and is hereby amended to fully set
orth and correctly reflect the intent of the City Council by granting, in addition to
~e easement therein expressed, the grant of an easement to the Panhandle and
anta Fe Railway Company, its successor the Atchison, Topeka and Santa Fe Rail-
ay Company, its successors, assigns and lessees, which hereby grants the right
nd privilege of locating and maintaining one spur trac~ with the necessary turn
uts, and switch stands and to operate engines, cars and trains thereon., as more
ully set forth in such Ordinance, upon, over and across the North-South alley
etween North Avenue T and North Ayrenue U, at points 205 feet north of Harvard
treet in the City of Lubbock., Texas.
SECTION 2. THAT the easement herein granted shall be in addition to the gran
n the original Ordinance No. 4596 and is made subject to the same condi:.ions,
erms, covenants and privileges as therein expressed.
SECTION 3. THAT this grant shall be ·effective from the date of the final writte
cceptance of this Ordinance by the Atchison, Topeka and Santa Fe Railway Compa ,
ts agents or attorneys, and thereafter so long as said spur track shall be located
n the granted right of way and is constructed and maintained in accordance with th
rovisions of this Ordinance.
I
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 12th day of September , 1968.
Passed by the City Council on second reading this 26th day of --lllr.&¥.Wi8uai......_,, 1968.
ATTEST:
APPROVED:
CCEPTED by Atchison, Topeka and Santa Fe Railway Company this 28th day of
October , 1968.
ATCIDSON, TOPEKA AND SANTA FE RAILWA
COMPANY
BY: ~~
ASST. TO &t:HEIIAL lil'/t,NMNa
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