HomeMy WebLinkAboutOrdinance 7654 ORDINANCE NO. -7 lo�T
AN ORDINANCE GRANTING THE MISSOURI PACIFIC
RAILROAD COMPANY, THE RIGHT TO CONSTRUCT,
MAINTAIN, OPERATE AND REPAIR A CERTAIN
SPUR TRACK IN, ON AND ACROSS THE EVERMAN
KENNEDALE BURLESON ROAD IN THE CITY OF
FORT WORTH, TEXAS; PROVIDING FOR INDEMNITY
AGAINST CLAIMS AND DAMAGES IN THE ENJOY-
MENT 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 corporation,
be and it is hereby granted the right and privilege to construct,
maintain, operate and repair a spur track, for a period of twenty-
five (25) years from date of acceptance hereof, across Everman
Road in the City of Fort Worth, Texas, the centerline of the
fifty-three (53) foot crossing being described as follows:
A 53.0 foot wide strip of land lying
26.5 feet either side of the center
line of the existing Missouri-Pacific
Railroad Company spur track crossing
Everman Road, said center line being
more particularly described as follows:
BEGINNING at a point in the north right-
of-way line of Everman Road, said point
bears South 89 degrees 56 minutes 06
seconds East 26.5 feet from the south-
east corner of Block 5, Carter Indus-
trial Park, according to plat recorded
in Volume 388-60, Page 42, Plat Records,
Tarrant County, Texas;
THENCE: South no degrees 04 minutes 24
seconds West 120.07 feet, ending at a
point in the south right-of-way line of
Everman 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 constructed and maintained
at such grade or grades as may be designated by the Director
of Public Works of the City of Fort Worth, and it is expressly
provided that the Missouri Pacific Railroad Company shall con-
struct, install and maintain a full depth prefabricated timber
crossing at the location set out and described in the foregoing
section hereof and that the laying, repairing and constructing
of any track pursuant hereto shall be subject to the approval
of the Director of Public Works 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 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 Everman 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 inter-
fere 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 harm-
less the City of Fort Worth from any and all damages, claims,
judgments and other costs and expenses recovered against or
paid by the City of Fort Worth by reason of injuries or dam-
-2-
ages 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 Everman Road.
SECTION 4.
That this ordinance shall take effect and be in full force
and effect from and after the date of its passage, the convey-
ance by the Missouri Pacific Railroad Company to the City of
Fort Worth of the required right-of-way and its acceptance by
the City of Fort Worth and the acceptance of this ordinance
by Missouri Pacific Railroad Company, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
ADOPTED:
ACCEPTED:
MISSOURI PACIFIC RAILROAD COMPANY
By:
Vice-President
-3-
City of Fort Worth, Texas
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REED DATE REFERENCE SUBJECT: Everman Road - Ordinance for PAGE
NUMBER
w►►.KES
10/25/77 L-5576 Railroad Track Crossing Iof 1
On August 6, 1962, the City Council approved Ordinance No. 4691 granting
the Missouri Pacific Railroad Company the right to construct, maintain,
operate and repair a spur track in, on and across the Everman Road
right-of-way,
The acquisition of a parcel of land required for the widening and improvements
to Everman Road has been proposed (see M&C L- rs77for consideration this
date),
Since the above referenced ordinance provided only for the crossing of
the then 60 foot wide right-of-way, it is no longer adequate, necessitating
the passage of a new ordinance to provide for the track crossing of the
proposed new right-of-way.
Recommendations:
That an ordinance be passed granting the Missouri Pacific Railroad
Company the right to construct, maintain, operate and repair a certain
spur track in, on and across the Everman 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 to coincide with the
date of the deed to be executed by the Railroad Company conveying the
required right-of-way to the City.
MCM:aa
SUBMITTED BY: DISPOSITIO Y COUNCIL: PROCESSED BY
ADOPTED ORDINANCEff APPROVED 1\Q"ER (DESCRIBE) � S/f/4ARY
n d�
DATE/
CITY MANAGER
v
LAND TRANSACTION DATA SHEET M&C L-5576
Date: Project: Everman Road, I-35 to Oak Grove Road Account Number
October 251 - fl3-093149-00-601119
Description of Land:
Location:On the south side of Ev rT-15
Tract 1-A G. M. Teague Survey, Abstract 1545
WQK 1iUKV&
77.834 acres Parcel 2-39188.33 "I" Industrial
Size Lot Sq: Ft. Taken Zoning
Parcel 5- 14.46
Description of Improvements:
Railroad Spur Track to remain in place.
Owner:
Missouri
Appraisal by Independent Appraiser:
None
Appraisal by City Land Division
J 1 760
Recommended Purchase Price: Comments:
The purchase price of $11,760 is
Land $ 11,760 based on a unit value of 30� per
square foot. This unit value is
Improvements $ substantiated by several recent
sales and offerings in this imme-
Settlement, diate area.
Damages or
Other Factors $
TOTAL $ 11,760
Disposition of Taxes:
To be adjusted
Tax Apprai sall00% Tax Value
Year: 19 151 Land $ 280.040 Improvements $ TOTAL $ '2$0,040
Disposition of Residue Land and Improvements:
None
Form No. 23000-001