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
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