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HomeMy WebLinkAboutOrdinance 5489 ORDINANCE NO. AN ORDINANCE GRANTING TEXAS STEEL COMPANY, A COR- PORATION, THE RIGHT TO CONSTRUCT, MAINTAIN, OPERATE AND REPAIR A CERTAIN SPUR TRACK IN, ON AND ACROSS DICKSON STREET IN THE CITY OF FORT WORTH, TEXAS; PROVIDING FOR INDEMNITY AGAINST CLAIMS AND DAM- AGES IN THE ENJOYMENT OF SAID EASEMENT; AND PRO- VIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Texas Steel Company, a corporation, be and it is hereby granted the right and privilege to construct, main- tain, operate and repair a spur track across Dickson Street in the City of Fort Worth, Texas, the centerline description of said track being as follows: Commencing at a point of switch for the Missouri-Kansas-Texas Railroad Company's ICC track No. 77, the same turning out of ICC track No. 76 and also being distant 15 feet measured westerly at right angles from the centerline of said railroad company's Fort Worth Subdivision main track at milepost 760.61, being main track valuation chaining station 5514+99.9; Thence in a southwesterly direction along the centerline of said ICC track No. 77 and through a number 8 turnout to the right a dis- tance of 69 feet to a point of frog; Thence by frog tangent bearing southwesterly a distance of 10 feet to a point of curve; Thence by arc of curve to the right having a radius of 356.94 feet a distance of 22.8 feet to the point of switch for said ICC track No. 82; Thence continuing southwesterly along last described curve and through a number 9 turnout a distance of 168 feet to the point of beginning said easement; Thence continuing southwesterly along last described curve a distance of 52.7 feet to a point of reverse curve; Thence by arc or curve to the left having a radius of 674.28 feet a distance of 21.7 feet to the point of ending said easement at Fort Worth, Tarrant County, Texas. The above described easement is shown on print of Drawing No. A-28,022, dated November 17, 1965, Engineering Dept., Denison, Texas, attached hereto marked Exhibit "A" and expressly made a part hereof. SECTION 2. The grantee, Texas Steel Company, shall have the right to construct, maintain, operate and repair the spur track as set out and described in the foregoing section here- of, 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 express- ly 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 practica- ble, 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 Dick- son 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, Texas Steel 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 damage to either persons or property proximately caused by or arising from and out of the construction, maintenance or operation of said track constructed pursuant hereto in, upon or along Dickson Street. SECTION 4. 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. APPBPUPD AS TO FORM AND LEGALITY• City Attorney 0 r Q .o° o m ,P� � b It ti b ti ti Q' .�y •�C � C ep i G Z° /•C.C. No '/li �� �� G9 ' �M.G.Ff./�Yorlfi Svbdiv. '�i �b Waco ' ro Oe,siso,a Exhibit ,4 �t1ached fo O/'d�irace f°yam Cif oFff.`YQrl�i fa Texas Sl�+elCo. .SAW/-Tact'1`o Crvm Dic/rson 8/ ft. molk, Txas E��n�e�ln9 Dept. Oen.aoir, /a•..oa .Dracvi�g' /�/0.��28,OZ2 City of Fort Worth, Texas 'J''?'�I ra.`Jj) Mayor and Council Communication DATE REFERENCE SUBJECT: REQUESTED EASEMENT FOR RAILROAD PAGE NUMBER 12/20/65 L-922 SPUR TRACK ON DICKSON STREET 1 or 1 The Texas Steel Company has requested that the City grant an easement to construct, maintain and operate a spur track crossing Dickson Street to serve their property lying south of Dickson Street and west of the Missouri-Kansas Texas Railroad Company's right-of-way as shown on the attached maps. An ordinance has been prepared defining the limits of the easement and permitting the Texas Steel Company to construct the spur track and grade crossing with the provision that the Texas Steel Company shall bear the cost of track relocation or adjustment if the City should at any time require such action for installation of any public utility in the ease- ment granted the Steel Company. Recommendation It is recommended that an ordinance be adopted granting the Texas Steel Company an easement on Dickson Street for a spur track crossing by the Missouri-Kansas-Texas Railroad Company. JLB:mm Attach. CITY OF FORT WORTH, TEXAS THE SUBJECT MATTER -S M.& C.C. WAS P ES COJNCIL AND .S ❑ - City Secretary SUBMITTED BY: DISPOSITION COUNCIL: PROVED ❑ OTHER (DESCRIBE) CITY SECRETARY DATE CITY MANAGER