HomeMy WebLinkAboutOrdinance 3166 ORDINANCE NO. ( L(o
AN ORDINANCE GRANTING TO TEXAS AND NEW ORLEANS RAILROAD COMPANY
THE RIGHT TO CONSTRUCT, MAINTAIN, OPERATE AND REPAIR AN INDUSTRIAL
SPUR TRACK FROM ITS MAIN LINE ACROSS THE ALLEY ALONG THE SOUTH—
EMT SIDE OF BLOCK 20, RYAN AND PRUITT ADDITION; SPECIFYING THE
CONDITIONS OF SAID EASEMENT; PROVIDING AN INDEMNITY AGAINST
CLAIMS AND DAL%GES IN THE USE AND MAINTENANCE OF SAID EASEMENT;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH:
SECTION 1
That the Texas and New Orleans Railroad Company, its successors and
assigns, is hereby granted by the Grantor, City of Fort Worth, the right
and privilege to construct, maintain, operate and repair, a certain indus—
trial railroad spur track constituting an extension of said railroad
company's presently existing track upon and across the alley along the
southwest side of Block 20, Ryan and Pruitt Addition to the City of Fort
Worth, Tarrant County, Texas, the center line of said track being more
particularly described as follows:
Beginning on the northeast line of railroad's property
and the southwest line of alley, approximately two hundred
ninety five feet (2951) northwesterly from-the intersection
of said property line and the north line of Berry Street;
Thence in a northerly direction upon, and across said
Alley to a point on the northeast line thereof, approxi—
mately one hundred twenty feet (1201) northwesterly from
the most southerly corner of said Block #20, as shown by
red line on map hereto attached, which map is made a part
hereof;
and that said Texas and New Orleans Railroad Company is granted the further
right and privilege to construct, maintain, operate and repair on each side
of said above described track along and over •said alley.
SECTION 2
The Grantee, Texas and New Orleans Railroad Company, shall further
have the right to construct, maintain, operate and repair said railway spur
track in, along and over said alley as set out and described in the foregoing
section hereof; and wherever any track constructed pursuant hereto is in,
on or through said alley or shall become in, on or through said street or
alley which may hereafter be opened by the City as traveled portions thereof,
such 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. It is expressly provided
that the laying, repairing and construction of any track pursuant hereto 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 any said track
and for two feet (21) on each side thereof as may be practicable with the
tops of such track, and same shall be constructed and maintained so as not
to unnecessarily obstruct or endanger travel on said alley or any street or
alleys that may be opened in the future; and the construction, maintenance
and operation of any track pursuant hereto and of that portion of the alley
between the rails and for two feet (2t) on the outside of such rails shall
be in accordance with the plans and specifications to be approved by the
Director of Public Works or the City Engineer of the City of Fort Worth.
Where any track constructed pursuant hereto passes in, along or through any
portion of said alley or shall pass through any portion of any alley or street
that may be opened in the future, the said Grantee, its successors and assigns,
shall conform said track, or any part thereof, to the proper grade of said
street or alley, making changes thereof as often and whenever the grade of
said street or alley is changed by the officials of said City, so that all
parts of any said track and the materials between the rails and two feet (2()
on the outside thereof shall conform to the established grade and the materiels
used in the maintenance of the remaining portions of said alley or street.
SECTION 3
The said Grantee, Texas and New Orleans Railroad Company, its successors
and assigns, does agree to indemnify and save harmless the City of Fort Worth
from any and all damages, claims, judgments and other costs and expenses
redovered against or paid by the City of Fort Worth by reason of injuries or
damages to either persons or property proximately caused by or arising from
and out of the construction, maintenance or operation of any track constructed
pursuant hereto in, upon or along said alley or any street or alley that may
be opened in the future.
SECTION 4
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:
Assistant",City Attorney
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City Seca to
P.0-NO. 9713.X