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HomeMy WebLinkAboutOrdinance 4576 FWORCTRHE, ORDINANCE NO. ` {..!= AN ORDINANCE GRANTING ST. LOUIS SOUTHWESTERN RAIL- WAY COMPANY OF TEXAS, A CORPORATION, ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, A CORPORATION, AND RAY STEEL COMPANY, INC., A CORPORATION, THE RIGHT TO CONSTRUCT, MAINTAIN, OPERATE AND REPAIR A CER- TAIN SPUR TRACK IN, ON AND ACROSS 35TH STREET IN THE CITY OF FORT WORTH, TEXAS; PROVIDING FOR IN- DEMNITY AGAINST CLAIMS AND DAMAGES IN THE ENJOY- MENT 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 St. Louis Southwestern Railway Company of Texas, a corporation, St. Louis Southwestern Railway Company, a cor- poration, and Ray Steel Company, Inc. , a corporation, be and they are hereby granted the right and privilege to construct, maintain, operate and repair a spur track across 35th Street in the City of Fort Worth, Texas, the centerline description of said track being as follows: A portion of trackage sixty-six and five-tenths (66.5) feet in .length in the Sebrun Gilmore 640 Acres Survey, County of Tarrant, State of Texas, and being more particularly described as follows: Beginning at an iron rail in the southwest corner of a 4.26 acre tract conveyed to the St. Louis Southwestern Railway Company of Texas by deed recorded on page 502, Volume 761 of Deed Records of Tarrant County, Texas, said point also being on the east right of way line of the Fort Worth and Denver Railway Company; Thence south thirty-six (36) degrees thirty- eight (38) minutes east along said right of way line two hundred ninety-nine and six-tenths (299.6) feet to the center line of a spur track constructed in 1947 to serve Lancaster Corporation; Thence in a southeasterly direction along the center line of said track on a curve to the left with a radius of four hundred fifty-nine and two hundred seventy-six thousandths (459.276) feet a distance of two hundred eighty-four and eight- tenths (284.8) feet to the point of switch of a spur track constructed in 1949 to serve the Lanway Realty Company and covered by contract dated February 16, 1949; Thence along the center line of said Lanway spur track continuing on a curve to the left with a radius of four hundred fifty-nine and two hundred seventy-six thousandths (459.276) feet a distance of one hundred seventy-five (175) feet to point of tangent; Thence in a northeasterly direction along tangent produced, a distance of one hundred seventy- three (173) feet to the proposed point of switch of a spur track to be constructed to serve Ray Steel Company, Inc.; Thence along the center line of said proposed spur track on a curve to the left with a radius of four hundred fifty-nine and two hundred seventy-six thousandths (459.276) feet a distance of sixty-two and one-tenth (62.1) feet to point of tangent; Thence in a northeasterly direction along the tangent produced seven and two-tenths (7.2) feet to the point of a curve to the left with a radius of two hundred twenty-six and five hundred fifty-five thousandths (226.555) feet; Thence in a northeasterly direction along said curve to the left a distance of four and one-tenth (4.1) feet to a point, said point being on the south line of 35th Street of the J. W. Lancaster Subdivision and being point of beginning proper of trackage to be constructed in 35th Street; Thence continuing on the above described curve a distance of sixty-six and five-tenths (66.5) feet to a point on the north line of 35th Street and the end of the portion of track to be constructed in 35th Street and herein described. SECTION 2. The grantees, St. Louis Southwestern Railway Company of Texas, St. Louis Southwestern Railway Company, and Ray Steel Company, Inc., 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 grantees, their 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 35th Street any water, sanitary sewer, storm drain or other public utility lines or facilities, the said grantees shall, at their own cost or expense, remove or relocate such spur track in such a manner so as not to interfere with the construction and main- tenance of such lines or facilities of the City of Fort Worth. SECTION 3. The said grantees, St. Louis Southwestern Railway Com- pany of Texas, St. Louis Southwestern Railway Company, and Ray Steel Company, Inc., their successors and assigns, do 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 damage to either persons or property proximately caused by or arising from and out of the construction, mainte- nance or operation of said track constructed pursuant hereto in, upon or along 35th 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: _5&, , City Attorney >l 1 t s �4 Prbp.spin rd k ST - - --- - //j, FxS fz �9p�s I G✓ �D . ►N S G�li� D PLAT SNC)v'.'I,rdG LCCFT(ON PRCIor:E:% DRAINAGE DITCH IN SY,-VA^:llA fNDUSTRIP.L DISTRICT