HomeMy WebLinkAboutOrdinance 3463 ORDINANCE NO.
AN ORDINANCE DECLARING A NECESSITY FOR THE SECURING OF AN
EASEMENT FOR A PUBLIC THOROUGHFARE IN, THROUGH, OVER, ALONG
AND ACROSS THE RIGHT OF WAY AND PROPERTY OF THE GULF, COLORADO
& SANTA FE RAILROAD COMPANY, A CORPORATION; ESTABLISHING AND
CONFIRMING THE SAID EASEMENT AS A PUBLIC THOROUGHFARE; AC-
QUIRING A CONSTRUCTION EASEMENT AND AN EASEMENT FOR A COMMON
DRAINAGE DITCH; FINDING THAT THE CITY AND THE RAILROAD COMPANY
HAVE BEEN UNABLE TO AGREE ON THE VALUE OF SUCH EASEMENTS AND
THE DAMAGES SUSTAINED, IF ANY; AUTHORIZING AND DIRECTING THE
CITY ATTORNEY TO INSTITUTE EMINENT DOMAIN PROCEEDINGS TO AC-
QUIRE SAID EASEMENTS; MAKING THIS ORDINANCE CUMULATIVE OF ALL
OTHER ORDINANCES RELATING TO THE IMPROVEMENT OF THOROUGHFARES
EXCEPT IN THOSE INSTANCES WHERE THERE IS A CONFLICT; AND PRE-
SCRIBING AN EFFECTIVE DATE.
WHEREAS, it is the duty of the municipal government of the City of
Fort Worth to acquire, construct and maintain an adequate system of streets,
highways or thoroughfares, overpasses and underpasses with all necessary
facilities for the proper drainage thereof,for the use of its inhabitants
and the public generally,in order to properly meet and accommodate the
needs for transportation and properly protect and safeguard the public wel-
fare, safety and convenience of the inhabitants of the City of Fort Worth
and the public generally; and,
WHEREAS, in order to construct and maintain such an adequate system
of traffic facilities, it is necessary that an easement for a public
thoroughfare in, through, over, along and across the right of way and prop-
erty of the Gulf, Colorado & Santa Fe Railroad Company, a corporation, be
established, confirmed and acquired as a public thoroughfare and roadway,
together with a construction easement and a common drainage ditch easement;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
That the City Council of the City of Fort Worth, in the exercise of
its sound discretion, deems it necessary and finds that public necessity
requires that certain streets and thoroughfares in the City of Fort Worth,
Tarrant County, Texas, be opened, extended, widened, straightened and im-
proved, and that public necessity requires, in making such permanent im-
provements, that an easement be acquired for a public thoroughfare and road-
way in, through, over, along and across the right of way and property of
the Gulf, Colorado & Santa Fe Railroad Company, a corporation, which ease-
ment is more particularly described as follows, to wit:
Beginning at a point 160.00 feet from and perpendicular
to center line Sta. 272� 20.72;
Thence north 88 degrees 54 minutes east 145.81 feet to a
point 234.15 feet from and perpendicular to center line Sta.
273 f 46.27;
Thence south 45 degrees 36 minutes west 474.13 feet to a
point 221.26 feet from and perpendicular to center line Sta.
272 � 14.58;
Thence north 25 degrees 10 minutes west 105.91 feet to a
point 160.00 feet from and perpendicular to center line Sta.
271 f 28.16;
Thence north 45 degrees 36 minutes east 333.12 feet to the
point of beginning, and containing 0.927 acres more or less.
That the above described and foregoing easement is hereby established and
confirmed by the City Council of the City of Fort Worth as a public thorough-
fare and roadway in, through, over, along and across the right of way and
property of the said Railroad Company.
SECTION 2.
That the City Council of the City of Fort Worth, in the exercise of
its sound discretion, deems it necessary and finds that public necessity
requires that in connection with the establishment and building of a public
thoroughfare and roadway in, through, over, along and across the right of
way and property of the Gulf, Colorado & Santa Fe Railroad Company, a con-
struction easement is necessary in making such permanent improvements and
must be acquired, such construction easement being more particularly de-
scribed as follows, to wit:
Beginning at a point 234.15 feet north from and perpen-
dicular to T. H. D. & R. 0. W. Sta. 273 � 46.27;
Thence south 88 degrees 54 minutes west 87.49 feet;
Thence north 45 degrees 36 minutes east 263.67 feet;
Thence south 44 degrees 24 minutes east 60.00 feet;
Thence south 45 degrees 36 minutes west 200.00 feet
to the place of beginning, and containing 0.319 acres more
or less.
SECTION 3.
That the City Council of the City of Fort Worth, in the exercise of
its sound discretion, deems it necessary and finds that in connection with
the construction and building of a public thoroughfare and roadway in,
through, over, along and across the right of way and property of the Gulf,
Colorado & Santa Fe Railroad Company, it is necessary that an easement be
acquired for a common drainage ditch, said easement being in, through, over,
191
along and across all of that certain lot, tract or parcel of land situated
in Tarrant County, Texas, described as follows, to wit:
Beginning at a point 160 feet north from and perpendicular
to T. A. D. & R. 0. W. Sta. 272 A 20.72;
Thence north 45 degrees 36 minutes east 200.00 feet;
Thence south 44 degrees 24 minutes east 30.00 feet;
Thence south 45 degrees 36 minutes west 168.17 feet;
Thence south 88 degrees 54 minutes west 43.74 feet to the
point of beginning, and containing 0.127 acres more or less.
SECTION 4.
That public necessity requires that the construction and maintenance
of a system of streets, highways, thoroughfares, overpasses and underpasses,
with facilities for the proper drainage and use thereof, be done and per-
formed in, through, over, along and across the above described property
of the Gulf, Colorado & Santa Fe Railroad Company for the use of the in-
habitants of the City of Fort Worth and the-public generally.
SECTION 5.
That such necessary public improvements, consisting of an overpass
together with service thoroughfares and roadways at grade, shall be con-
structed is accordaAce with the plans as shown on the attached plat marked
Exhibit "A."
SECTION 6.
That duly authorized representatives of the City of Fort Worth and
the Gulf, Colorado & Santa Fe Railroad Company have been unable to agree
upon the value of such easements and the damages, if any, to be sustained
from such construction work.
SECTION 7.
That the City Attorney is hereby authorized and directed to institute
eminent domain proceedings in a court of competent jurisdiction to acquire
the three easements hereinabove described.
SECTION 8.
That this ordinance shall be cumulative of all other ordinances of
the City of Fort Worth with respect to the improvement of streets and
thoroughfares in said City, and particularly with respect to improvements
and extensions on what is known as the Southwest Loop, except in those in-
stances where the provisions of this ordinance are in conflict with the pro-
visions of any prior ordinances, the provisions of this ordinance shall
prevail, and those provisions in prior ordinances in conflict herewith are
expressly repealed.
SECTION 9.
That this ordinance shall be in full force and effect from and after
the date of its passage, and it is so ordained.
APPROVED AS TO FORM:
��
ity Attorney
EXHIBIT IlA'll
G. C . & S. F. RAILROAD
a ,
TEXAS HIGHWAY DEPT.
AGREEMENT
SKETCH
FOR
TWO ONE-WAY FRONTAGE STREET
GRADE CROSSINGS AND A PROPOSED
BRIDGED HIGHWAY OVERPASS STRUCTURE
OCTOBER 1955
CONTROL 8 SECTION 12 JOB N°
PROPOSED �2AILROAO GRADE AND
�Reuised Nov /4, /955 OVERPASS GROSSING T.H.D. R.O.W.
STA.272+26.49 AND GROSSING G.C.,B
Re✓isEd �/dn 2� /956 S.F. RAILROAD AT A POINT 5.45°36 W.
779 FRgM G.C. BS.F. RAILROAD MILE
POST N- 3.
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ORDINANCE
Na
Title ,
Date
Filed _ Day
19
City Secretary :_,
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P.O.No.25449-U