HomeMy WebLinkAboutOrdinance 5445 ORDINANCE NO. - •f ,l
AN ORDINANCE GRANTING THE GULF COLORADO AND SANTA FE RAILWAY
COMPANY, A CORPORATION, THE RIGHT TO CONSTRUCT, MAINTAIN,
OPERATE AND REPAIR A CERTAIN SPUR TRACK IN, ON AND ACROSS
GOUNAH STREET IN THE CITY OF FORT WORTH, TEXAS, PROVIDING
FOR INDEMNITY AGAINST CLAIMS AND DAMAGES IN THE ENJOYMENT
OF SAID EASEMENT, AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That the Gulf Colorado and Santa Fe Railway Company, a corporation,
be and it is hereby granted the right and privilege to construct, maintain, operate
and repair a spur track across Gounah Street in the City of Fort Worth, Texas, the
centerline of a 30 foot easement for crossing being described as follows:
Beginning at a point 6 feet west of the east line of
Gounah Street extended, at a point 67 feet measured
a right angle to the northerly line of Pharr Street;
Thence north with the center of said spur a distance
of 30 feet, as shown in Exhibit "A" attached.
SECTION 2.
The grantee, Gulf Colorado and Santa Fe Railway Company, shall have
the right to construct, maintain, operate and repair the spur track as set out
and described in the foregoing section hereof, but such track shall be maintained
at such grade or grades as may be designated by the Director of Public Works or
the City Engineer of the City of Fort Worth, and it is expressly provided that the
laying, repairing and constructing of any track pursuant hereto shall be subject
to the approval of the Director of Public Works or the City Engineer of the City
of Fort Worth. It is further provided that grantee, its successors and assigns,
shall maintain the space between the rails of said track and for two feet on each
side thereof even with the tops of such track, as near as may be practicable, so
that all parts of said track and the materials between the rails and two feet on
the outside thereof shall conform to the established grades. In the event the
City of Fort Worth finds it necessary to place in, through, upon and across Gounah
Street any water, sanitary sewer, storm drain or other public utility lines or
facilities, the said grantee shall, at its own cost or expense, remove or relocate
such spur track in such a manner so as not to interfere with the construction and
maintenance of such lines or facilities of the City of Fort Worth.
SECTION 3.
The said grantee, Gulf Colorado and Santa Fe Railway Company, its
successors and assigns, does agree to indemnify and save harmless the City of
Fort Worth from any and all damages, claims, judgments and other costs and
expenses recovered against or paid by the City of Fort Worth by reason of injuries
or damages to either persons or property proximately caused by or arising from and
out of the construction, maintenance or operation of said track constructed pur-
suant hereto in, upon or along Gounah Street.
SECTION 4.
That this ordinance shall take effect and be in full force and
effect from and after the date of its passage, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
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I N 0 U 5 T R I A L
G - 1992
City of Fort Worth, Texas
Mayor and Council Communication
REFERENCE SUBJECT: Requested Easement for Railroad PAGE
NUMBER Spur Track on Gounah Street 1
9/27/65 G-851 i of
The Gulf, Colorado & Santa Fe Railway Company has requested that the City
grant an easement to construct, maintain and operate a spur track crossing
Gounah Street to serve a proposed warehouse lying south of the Gulf, Colo-
rado and Santa Fe right-of-way and immediately north of Pharr Street, as
shown on the attached maps.
An ordinance has been prepared defining the limits of the easement and
permitting the railroad to construct the spur trach and grade crossing
with the provision that the railroad shall bear the cost of track
relocation or adjustment if the City should at any time require such
action for the installation of any public utility in the easement granted
the railroad.
Adoption of the ordinance granting the railroad easement on Gounah Street
is recommended.
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Attach.
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SUBMITTED BY: DISPOS�ION BY COUNCIL: PROCESSED Y
DGAPPROVED ❑ OTHER (DESCRI E)
GI R ARY
DATE
CITY MANAGER