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HomeMy WebLinkAboutOrdinance 3254 10 ORDINANCE N0. 3� An ordinance granting the St.Louis, San Francisco & Texas Railway Company the right to construct, main- tain, operate and repair a certain connection or spur track in, over and across Samuels Avenue in the City of Fort Worth, Texas, specifying the conditions of said permit, specifying an effective date, and providing an indemnity against claims and damages in the use and maintenance of said easement. BE IT ORDAINED BY THE CITY OF FORT WORTH, TEXAS: SECTION 1 That the St. Louis, San Francisco & Texas Railway Company, its successors and assigns, is hereby granted the right and privilege to construct, maintain, operate, and repair a con- neotion or spur track in, over and across Samuels Avenue in the City of Fort Worth, Texas, in the construction of a connection track between the Cotton Belt Railway Company and the Rock Island Railway Company's tracks near NE 23rd Street, the portion thereof within the limits of said Samuels Avenue to extend in a general easterly and westerly direction in Samuels Avenue, center line of said track being more particularly described as follows: Commencing at the intersection of the south line of NE 23rd Street and the west line of Samuels Avenue, same being the NE corner of Block 17, Stock Yards Addition to the City of Fort Worth, Tarrant County, Texas, thence southeasterly along said west line of Samuels Avenue 43.10 feet to point of beginning; thence easterly making a tangential angle of 68 degrees 19 minutes to the left with last described course on curve to the right with radius of 602.75 feet, 66.0 feet to the east line of aforesaid Samuels Avenue. SECTION 2 The grantee, St. Louis, San Francisco & Texas Railway Company, shall have the right to construct, maintain, operate and repair the line of railway track in, over and across said street as described in the foregoing section hereof; and wherever the said track is in, on or through the portion of said street 5 designated by the city officials now or hereafter as traveled portions of said street, the said track shall be maintained 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 pro- vided that the laying, repairing and construction of that por- tion of said track lying within the limits of said Samuels Avenue 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 the grantee, its successors and assigns shall maintain the space between the rails of that portion of said track lying within the limits of said Samuels Avenue and for two feet on each side thereof as near as may be practicable with the tops of any of such tracks, and same shall be construc- ted and maintained so as not to unnecessarily obstruct or endanger travel on said street or any portion thereof; and the construction, maintenance and operation of said track lying within the limits of said Samuels Avenue and of that portion of the street between the rails and for two 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 Engi- neer of the City of Fort Worth. Where said tracks pass in, over or through any portion of said street designated by the proper officials of the City of Fort Worth as the traveled portion of said street, the said grantee, its successors and assigns, shall conform such tracks, or any part thereof to the proper grade of said street, making changes thereof as often and whenever the grade of said street is changed by the officials of said city, so that all such parts of said tracks and the materials between the rails and two feet on the outside thereof shall conform to the established grade and the materials used in the maintenance of the remaining portion of the street. SECTION 3 The said grantee, St.Louis, San Francisco & Texas Railway Company, its successors and assigns does agree to indemnify and 2. save harmless the City of Fort Worth from any and all damages, claims, judgments, and other costs and expense 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 and operation of said tracks in, over and through said 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 F039: UI y ATZOVIGY 3. 1 23s 1954 Fort 4o , Zs 3 ex Nla►r :ors o citv, Crnmoil in &emeim atdber 13s 19* odppted TGURS IMAY Ca-'- LiW UIS tb t o OQMtruots wsin#► us -%ad opariste a aertui2i gpur treak ino over and &a.-we Sammls A o*rtiftsd copy of said urdiimice is eacloaocl Wz'es ith. Yours trays oQ + Mr, GIs Do ddrae Oro Go lie 71WIM { IVY .