HomeMy WebLinkAboutOrdinance 6852 ORDINANCE NO .
AN ORDINANCE GRANTING THE FORT WORTH AND DENVER
RAILWAY COMPANY, A CORPORATION, THE RIGHT TO CON-
STRUCT, MAINTAIN, OPERATE AND REPAIR CERTAIN SPUR
TRACKS IN, ON AND ACROSS DEEN ROAD IN THE CITY OF
FORT WORTH, TEXAS ; PROVIDING FOR INDEMNITY AGAINST
CLAIMS AND DAMAGES IN THE ENJOYMENT OF SAID EASE-
MENT; AND PROVIDING AN EFFECTIVE DATE .
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS :
SECTION 1.
That the Fort Worth and Denver Railway Company, a corpora-
tion, is hereby granted the privilege to construct, maintain,
operate and repair two spur tracks across Deen Road in the
City of Fort Worth, Texas, for a period of twenty-five years
from the date of the passage hereof, the 73 foot easement for
crossing being described as follows :
COMMENCING at a point in the West line of the W.
Baker Survey and being 2406.8 feet North from its
Southwest corner;
THENCE S55000 'E. approximately 36.7 feet to a point
in the East right-of-way line of Deen Road;
THENCE North along said East right-of-way line a
distance of approximately 42 .0 feet;
THENCE N.55000 ' W. approximately 73 .3 feet to a
point in the West right-of-way line of Deen Road;
THENCE South along said West right-of-way line a
distance of approximately 42 .0 feet;
THENCE S55000 ' E. approximately 36.7 feet to the
point of beginning .
SECTION 2 .
The grantee, Fort Worth and Denver Railway Company, shall
have the right to construct, maintain, operate and repair the
spur tracks 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
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 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 ma-
terials 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 Deen Road 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 construc-
tion and maintenance of such lines or facilities of the City
of Fort Worth.
2 -
SECTION 3 .
The said grantee, Fort Worth and Denver Railway Company,
its successors and assigns, does hereby indemnify, save harm-
less and defend the City of Fort Worth from and against any and
all suits for damages, claims, judgments and other costs and
expenses by reason of injuries or damages to either persons
or property arising out of accidents or incidents caused by or
arising from or out of the construction, maintenance, operation
or use of said tracks or by reason of Railway Company 's occu-
pancy of the premises in, upon or along Deen Road.
SECTION 4.
Grantee covenants and agrees to construct and maintain at
its sole cost and expense any and all signal devices for the
protection of vehicular traffic crossing said spur tracks deemed
necessary by the City of Fort Worth.
SECTION 5.
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:
09! 7 0 r04-00,10 0
City Attorney
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- 3 -
F &D FUTURE DEVELOPMENT
EXISTING TRACK
F & DRC
NORTH YARD
PROPOSED CROSSING
PROPOSED TRACK
PROPOSED DIESEL
FUELING FACILITIES'
0
DEEN ROAD
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I' =5CROSSING REQUEST 0
5/18/73
City of Fort Worth, Texas
YNE Mayor and Council Communication
DATE REFERENCE SUBJECT: Fort Worth and Denver Railway PAGE
QLANAM NUMBER
6/18/73 G--2214 Company Request for Crossing Iof 1
Deen Road
"Mcocx
On May 11, 1973, the Fort Worth and Denver Railway Company submitted
a request for permission to cross Deen Road with two additional spur
tracks that are required to service the diesel fuel facility being
installed in the company's north yard. The diesel fuel facility
installation is the initial step in the planned expansion of the north
yard facilities and industrial development of adjacent acreage.
The location of the request is approximately 100 feet north of
Terminal Road and near the site of four existing track crossings.
There are three tracks immediately north and one track south
that are a part of the north yard. The Planning, Traffic Engineering
and the Public Works Departments have no objections to the
additional crossings. It is proposed that an ordinance be adopted
to permit the crossings of Deen Road encompassing the following
points:
1. The Grantee shall have the right to construct, maintain,
operate and repair the spur tracks.
2. The Grantee shall maintain the crossing at a grade con-
forming to established grades.
3. The Grantee shall be responsible for removal or relocation
of the spur tracks in the event of the need to install
any public utility, water, sewer or storm drain lines in
Deen Road.
4. The City shall have no liability caused by the construction
maintenance, or operation of the spur tracks upon Deen Road.
Recommendation
It is recommended that Council adopt an ordinance granting the request.
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Attachment
SUBMITTED BY: DI SITION BY COUNCIL: �D BY
APPROVED ❑ THER (DESCRIBE)
CITY SECRETARY
DATE
CITY MANAGER /y *^ ��