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HomeMy WebLinkAboutOrdinance 4681 ORDINANCE NO. T Cs OFFICIAL RECORD CITY SECRETARY AN ORDINANCE GRANTING THE MISSOURI PACIFIC FT. WORTH, TEX. RAILROAD COMPANY, A CORPORATION, THE RIGHT TO CONSTRUCT, MAINTAIN, OPERATE AND REPAIR A CERTAIN SPUR TRACK IN, ON AND ACROSS OAK GROVE ROAD IN THE CITY OF FORT WORTH, TEXAS; PROVIDING FOR INDEMNITY AGAINST CLAIMS AND DAMAGES 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 Missouri Pacific Railroad Company, a corpora- tion, be and it is hereby granted the right and privilege to construct, maintain, operate and repair a spur track across Oak Grove Road in the City of Fort Worth, Texas, the center- line of the 53 foot easement for crossing being described as follows: Beginning in the east line of Oak Grove Road 26-1/2 feet north of the northeast corner of Block 6, Carter Industrial Park, an addi- tion to the City of Fort Worth, Tarrant County, Texas, as recorded in Vol. 388-31, page 52, of the Deed Records of Tarrant County, Texas, and extending north 89 degrees 05 minutes east across said road approximately 50 feet to the east line of said road. SECTION 2. The grantee, Missouri Pacific Railroad Company, shall have the right to construct, maintain, 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 express- ly 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 suc- cessors 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 Oak Grove Road 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, Missouri Pacific Railroad Company, its successors and assigns, does agree to indemnify and save harmless the City of Fort Worth from any and all damages, claims, judgmentsand other costs and expenses recovered against or paid by the City of Fort Worth by reason of injuries or dam- ages to either persons or property proximately caused by or arising from and out of the construction, maintenance or opera- tion of said track constructed pursuant hereto in, upon or along Oak Grove Road. 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 FORM AND LEGALITY: City Attorney Mr. Cookingham Imo. Thelin CITY OF FORT WORTH r-f.,mir, TEXAS r. OFFICE OF THE CITY MANAGER Communication to Mayor and Council No. PW- 1159 OFFICIAL REC D July 23, 1962 CITY SEGRfTA FT. WORTH, i f Honorable Mayor and Re: Requested Railroad Crossing, Members of the City Council Oak Grove Road City of Fort Worth Mrs. McKnight and Gentlemen: The Missouri-Pacific Railroad Company has requested a crossing of Oak Greve Road for the spar track necessary to serve the Carter Industrial Park. The Subdivision of Carter Industrial Park approved by the City Plan Commission includes a dedication for the Missouri-Pacifio Railroad Spur, and this proposed crossing is an easterly extension of the railroad spur shown in the plat of dedication. It is recommended an ordinance be adopted for a railroad crossing on Oak Grove Road as requested. Respectfully submitted, L. P. Coo ingham City Manager LPC:mm CITY OF FORT WORTH, TEXAS THE SUBJECT MATTER OF VHIS M.& C.C. WAS PRESENTED TO THE CITY COUNCI', JUL 2 2__1962__-_ AND if.S L1 City Secretary