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HomeMy WebLinkAboutOrdinance 2841 L r ORDINANCE NO. $�1 AN ORDINANCE GRANTING THE ST. LOUIS, SAN FRANCISC© AND TEXAS RAILWAY COMPANY THE RIGHT TO CONSTRUCT, MAINTAIN, OPERATE AND REPAIR A CERTAIN SPUR TRACK IN, ON AND ACROSS TILLAR STREET IN THE CITY OF FORT WORTH, TEXAS, AND A CERTAIN SPUR TRACK IN, ON AND ACROSS RUPERT STREET, VACEK STREET AND TILiAR STREET OF SAID CITY OF FORT WORTH, SPECIFYING THE CONDITIONS OF SAID PERMIT, SPECIFYING AN EFFECTIVE DATE AND PROVIDING AN INDENMITY AGAINST CLAIMS AND DAMAGES IN THE USE AND MAINTENANCE OF SAID EASEMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the St. Louis, San Francisco and Texas Railway Company, its successors and assigns, is hereby granted the right and privilege to construct, maintain, operate and repair certain industrial or spur tracks connecting with its main line of Railroad and other spur tracks in the City of Fort Worth, described as follows: (1) Said proposed spur track is to extend in a general easterly and westerly direction in Tillar Street, center line of said track being more particularly described as follows: Commencing at the intersection of the east line of Rupert Street with the north line of White Settlement Access Road; thence northerly along said east line 363 feet to center line of said Railway Company's track serving Bailey Warehouse No. k; thence southwesterly and westerly along said No. 4 track 367.0 feet; thence northwesterly, on curve to the right, with radius of 461.11 feet, 3.4 feet to point of beginning; thence continuing on last described curve, 117.2 feet; thence on curve to the left, with radius of 461.11 feet, 120.6 feet; thence westerly, on tangent to last described curve, parallel with and 8.5 feet perpendicularly distance in a southerly direction from the north line of said Tillar Street, to the end. (2) Said portion of proposed spur track is to extend in a general easterly and westerly direction across Rupert ,Street and Vacek Street and in Tillar Street. Center line of track in and crossing said streets being more particularly described as follovio: Commencing at the intersection of the east line of Rupert Street with the north line of White Settlement Access Road; thence northerly 1. along said e-st line 363 feet to point of beginning; thence south- westerly on angle of 99015t to the left, 85.7 feet; thence on curve to the right, with radius of 602.75 feet, 9727 feet; thence westerly on tangent to last described curve, along center line of Tillar Street, 992.8 feet; thence on curve to the left, with radius of 461.11 feet, 120.6 feet; thence on curve to the right , with radius of 461.11 feet, 120.6 feet; thence westerly on tangent to last described curve, parallel with and 8.5 feet perpendicularly distance in a northerly direction from the south line of said Tillar Street, to the end. (3) Said proposed spur track is to extend in a general easterly and westerly direction in Tillar Street, center line of track, being more particularly described as follows: Commencing at the intersection of the east line of Rupert Street with the north line of White Settlement Access Road; thence, northerly, along said east line 363 feet to center line of said Railway Company's track serving Bailey Warehouse No. 4.; thence, southwesterly and westerly along said No. 4 track 382.5 feet; thence, southwesterly on curve to the left, with radius of 461.11 feet, 3.4 feet to point of be- ginning; thence, continuing on last described curve 117.2 feet; thence, on curve to the right, with radius of 461.11 feet, 120.6 feet; thence, westerly on tangent to last described curve parallel with and 8.5 feet perpendicularly distance on a northerly direction from ,✓the south line of said Tillar Street, to the end. SECTION 2. The grantee, St. Louis, San Francisco and Texas Railway Company, shall have the right to cgnstruct, maintain, operate and repair the three lines of railway tracks over, along and across said streets as described in the foregoirC section hereof; and wherever the said tracks are in, on or through the portion of said streets designated by the city officials now or hereafter as traveled portions of said streets, the said spur tracks shall be maintained 2. � a > • V �k I t *. ;L v a at such grade or grades as it may elect to use so long as said grade is approved 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 construction of said spur tracks shall be under the supervision 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 (2) feet on each side thereof as near as may be practicable with the tops of any of such tracks, and same shall be constructed and maintained so as not to unnecessarily obstruct or endanger travel on said streets or any portion thereof; and the construction, maintenance and operation of said tracks and of that portion of the streets between the rails and for two (2) feet on the outside of such rails shall be in accordance with plans and specifications to be approved by the Director of Public Works or the City Engineer of the City of Fort dJorth. Where said tracks pass in, along or through any portion of said streets designated by the proper officials of the City of Fort Worth as the travelled portion of said streets, the said grantee, its successors and assigns, shall conform said tracks, or any part thereof, to the proper grade of said streets, making changes thereof as often and whenever the grade of said streets is changed by the officials of said City, so that all parts of said tracks and the materials between the rails and two (2) feet on the outside thereof shall conform to the established grade and the materials used in the maintenance to the remaining portion of the street or streets. SECTION 3. The said grantee, St. Louis, San Francisco and Texas Railway Company, its successors and assigns, does agree to indennlfy and save harmless the City of Fort Worth from any and all damages, claims Judgments, and other costs and expense recovered against or paid by 3. the said 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, and operation of said tracks in, upon, along and through said streets. SECTION 4. T'hdt t__"is 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: i y attorney 4. ORDINANCE No c�2*S4/ Tit l A, � Date Filed Day of 19 ' •d City;5ecretary P. C.No.8832-S