HomeMy WebLinkAboutOrdinance 4691 11TI 111111111
ORDINANCE NO. —. r
�l FT• WORTH, TEX.
AN ORDINANCE GRANTING THE MISSOURI PACIFIC RAILROAD COMPANY,
A CORPORATION, THE RIGHT TO CONSTRUCT, MAINTAIN, OPERATE
AND REPAIR A CERTAIN SPUR TRACK IN, ON AND ACROSS THE
EVERMAN KENNEDALE BURLESON ROAD IN THE CITY OF FORT WORTH,
TEXAS; PROVIDING FOR INDEMNITY AGAINST CLAIMS AND DAMAGES
IN THE ENJOYMENT OF SAID EASEMENT; AND PROVIDING AN EF-
FECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That the Missouri Pacific Railroad Company, a corporation,
be and it is hereby granted the right and privilege to construct,
maintain, operate and repair a spur track across the Everman
Kennedale Burleson Road in the City of Fort Worth, Texas, the
centerline of the 53 foot easement for crossing being described
as follows:
Beginning in the north line of the Everman Kenne-
dale Burleson Road 26-1/2 feet east and 10 feet south
of the southwest corner of Block 5, Carter Industrial
Park, an addition to the City of Fort Worth, Tarrant
County, Texas, as recorded in Vol. 388-31, page 52,
of the Deed Records of Tarrant County, Texas, and ex-
tending south across said road approximately 60 feet
to the south line of said road.
SECTION 2.
The grantee, Missouri Pacific Railroad 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 the Everman Kennedale Burleson Road any water,
sanitary sewer, storm drain or other public utility lines or fa-
cilities, 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, Missouri Pacific Railroad Company, its suc-
cessors and assigns, does agree to indemnify and save harmless
the City of Fort Worth from any and all damages, claims, judg-
ments 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 pursuant hereto in, upon or along the Everman
Kennedale Burleson Road.
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:
o 7'e t'
City Attorney
%ow r.F, res now
CITY Y OF FORT WORTH v0*W-W' =
TEXAS
OFFICE OF THE CITY MANAGER Communication to Mayor and Council No. PW-1180
August 6, 1962
Honorable Mayor and Re: Requested Railroad Crossing,
Members of the City Council Everman Road
City of Fort Worth
Mrs. McKnight and Gentlemen:
The Missouri-Pacific Railroad Company has requested a crossing on Everman
Road, approximately 12002 east of U.S. Highway 81. The purpose of this
crossing is to allow construction of a spur truck to serve a proposed
industrial development south of Everman Road. The Public Works and
Planning Departments have investigated this request and have found no
objections.
It is recommended that an ordinance be adopted for a rgilroad crossing
on Everman Road approximately 12001 east of U.S. Highway 81.
Respectfully submitted
I
L. P. Cookingham
City Manager
LPC:mm
CITY F FORT WORTH, TEXAS
THE SUBJECT MATTER OF THIS M.& C.C. [[ pp f��UO�D
WAS PRESE ED T THE CITY COUNCIL �[FIUTAL V
1G 6 1962 CITY SECR'�aR
ADD « ❑ FT. WORTH, TES
City Secretary