HomeMy WebLinkAboutOrdinance 4595 ORDINANCE NO. � OFFICIAL RECORD
ORIGINAL CITY SECREURY
AN ANT CPI SOUTHWESTERN SAOH CCMPANY TEXAS, AORORATO, I ST. IISUTaWESTERN FT. WORTH, TEE.
RAILWAY COMPANY, A CORPORATION, THE RIGHT TO CONSTRUCT,
MAINTAIN, OPERATE AND REPAIR A CERTAIN SPUR TRACK IN, ON AND
ACROSS 35TH STREET IN THE CITY OF FORT WORTH, TEXAS; PROVIDING
FOR INDEMNITY AGAINST CLAIMS AND DAMAGES IN TEE ENJOYME14T 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, and
St. Louis Southwestern Railway Company, 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:
Beginning at a point on the North boundary line of 35th Street, said
point being a distance of five hundred, sixty-eight and three tenths
(568.3) feet West of the Southeast corner of Block 3 in the J. W.
Lancaster Industrial Sub-Division in the City of Fort Worth, Texas,
said point being on the centerline of said industrial track;
Thence South forty-four (44) degrees and thirty-four (34) minutes
West along the centerline of said industrial track a distance of
eighty-six and five tenths (86.5) feet to a point on the South
boundary line of 35th Street.
SECTION 2.
The grantees, St. Louis Southwestern Railway Company of Texas, and
St. Louis Southwestern Railway Company, shall have the right to construct, main-
tain, 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 con-
structing 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 maintenance of such lines
or facilities of the City of Fort Worth.
SECTION 3.
The said grantees, St. Louis Southwestern Railway Company of Texas and
St. Louis Southwestern Railway Ccmpany, 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, maintenance 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 FCRM AND LEGALITY:
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City Attorney
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CITY OF FORE WORTH re'.
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OFFICE OF THE CITY MANAGER Communication to Mayor and Council No.PW— 874
March 19, 1962 CFFl�ilA� R 0D
CITY �ECRE�e 1RRY
FT. WORTa, EX.
Honorable Mayor and
Members of the City, Council Re: St. 'LouIs Southwestern
City of Fort Worth Railway Lines Spur Track
Crossing in 35th Street
Mrs. McKnight and Gentlemen:
Prior to annexation of the area now known as the Sylvania Industrial
District, a spur track was constructed across 35th Street west of Sylvania
Avenue by Lanway Realty Company to serve a firm located in the area. This
spur track has recently been purchased by the St. Louis Southwestern Rail-
way Lines, which has requested authorization to maintain the track in the
street. The track does not conflict with any existing improvements, and
no improvements are planned which would require removal of the tracks.
It is recommended that an ordinance be approved granting St. Louis South-
western Railway Company permission to maintain the spur track in 35th
Street between Balsam and Maple Leaf Streets, west of Sylvania Avenue.
Respectfully submitted,
e, p'.
LPC:ih Cookingham
City Manager
CITY OF FORT WORTH, TELib
THE SUBJECT MATTER OF THIS M-1 C.C.
WAS PrE13ENMAR,j j2{bgjPY COUNCIL
AND WAS f�� ?.P13ROVED
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City Seoretary