HomeMy WebLinkAboutOrdinance 4625 ORDINANCE NO. Low Kp�CR� A
�pL UAN ORDINANCE GRANTING THE SOUTHERN PACIFIC NIt TM
COMPANY, A CORPORATION, THE RIGHT TO CON-
STRUCT, MAINTAIN, OPERATE AND REPAIR A CER-
TAIN SPUR TRACK IN, ON AND ACROSS MAGNOLIA
STREET IN THE CITY OF FORT WORTH, TEXAS; PRO-
VIDING FOR INDEMNITY AGAINST CLAIMS AND DAM-
AGES IN THE ENJOYMENT 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 the Southern Pacific Company, a corporation, be
and it is hereby granted the right and privilege to construct,
maintain, operate and repair a spur track across Magnolia
Street in the City of Fort Worth, Texas, the centerline de-
scription of said track being as follows:
Beginning on the south line of Magnolia
Street eighty-one feet (811) easterly from the
west property line of the Southern Pacific Com-
pany as measured along said south line of Mag-
nolia Street; thence northerly, parallel with
and thirty-one feet (313) easterly from the center
line of the Southern Pacific Company's Garrett
to Fort Worth Main Track, a distance of fifty
feet (501) to point on the north line of said
Magnolia Street,
said railroad track being shown by red line on map attached
hereto.
SECTION 2.
The grantee, Southern Pacific 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 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 practi-
cable, so that all parts of said track and the materials be-
tween the rails and two feet on the outside thereof shall con-
form to the established grades. In the event the City of Fort
Worth finds it necessary to place in, through, upon and across
Magnolia 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, Southern Pacific Company, its successors
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 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 Mag-
nolia 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 T//O// FORM AND LEGALITY:
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P. 0. AJo. 69o�9-A