HomeMy WebLinkAboutOrdinance 139 Ordinance No
AN ORDINANCE ACCEPTING DONATION OF LAKD
"TR 'T PURPOSES) AND ACCEPTING THE TERMS
AND PROVISIONS OF T 1E SAID DONATION
OF THE 000"'FORT WDRTH:
seotion ,;
Whereas the Texas & acifi, Railway
m pau;y has made tho follAing PrOposition and offer
of doiation of lane therein descrited, to the City
of Fort brth, for of reet purposes, and whioh said
offer is as follows:
"To the Board of (,)Vnifioissioners
Of the City of Fort Worth:
0
conee u�� „n MM.V, 'e desire e �Imw� .� !NJ��N.e City �O na. YON
10th to Qp1re from the land ling of 1,utd adiacent to East
Front t in the a City of Fore Worth,
Texamp law- d. belonging to the texas & Pacific,
Texas & Pacific -Ruilway
Railway 0.0,01,MP21ny, Will
Company �ar don at o �� Po �„ Doe t Of
tract of land situated in the sa,d 0iQ V
fort Worth, Texas, and more particularly
described aa follows:
South Me of East Froit Street where the
d south n n' rsoot s the center line
0XIMS from the � e r a w inthe Olt vy
of Port Worth nlrthwestwardl into UAW
ak pp- if
, g angles /9 0rail the
touts bhk of the Northern Texas Trattion
Comp 's t!an n traoks as h same are
now construotsd on st Frost Street; thenos
aastward parallel of i th said south rail
d nineteen feet distant therefrom
abqut six hundred and i if ��nin feet
to point where said soot traAk b .
jo e rve southward to clear the beat—of
tit rai l*Ay iR`oot over said ' aR Pro&
Meet thence continuing eastward nearly
parallel with paid south rail converging
toward said south rail at the rate of one-
half` inch in each W feet, ato t two ;hundred,
And fifty :feet to the west side of the said
railway viia'd a over said East Front Street,
thence a��r�thwar d thirteen and six-tenths
feet to the former original south line of
said East Front Street sixty feed; south
of the north line of said AAA;A thence
westward parallel with the north lino of
said East Front Street, and sixt feet
t
distant therefrom about ;nitre hundred acrd
nine foet to the pure of be inning, a"'r-
t ining approximately 0. 17 aeries AlAnA.,
This donation and gsrrM is made for the
fell wing expres s porioaes and oordi,tiorrs
First: Said property so donated is to be
held and used icy, the sak City of Fort forth for
treet purposes poses onl Rat and in to he taken and he
a past o the said Fr o t Street in the said
Qity of Fort Worth, Texas; and it is exprasQ
provided teat no side-wart or a y for pedestrians
shall to built, eo nstroeted or 4inta ned, open
or adjacent to the property here-in donated; and
further that all parts of the said east :front
Street extending from the beginning point of the
land hers donated eastward to the lest edge of the
; aid a viaduct, passina over the said east Front
Street and ling route of the street oar tracks
as the s ame are now permanently o nstrooted,
shall not be used or allowed, to be used as a
walk or as. a ° (5-M,< for edest i ans, as i 11
saoh lido--wad s, A i - a a or passage- � s
sball h built a o g the north side o t�e SaR
Eat! 110st Street
Saeood: It is ' rrther ex ressl r provided,
aad as a ar-t consider of the giant i r ON
mad �. t said eras & Pacific�� o ailway Company,
that ao gra t, frandhise, permit or pr i i.let
shall OVOP he allmd or granted by the said City
of port Worth, Texas to any street railway,
aompan, or other person or d»aorporation, to
lay, oonstrd,d,at, maintain or operate an
line of railway tracks, or rails, over that
portion of said East Front SUM lying, south '
a ` the pr#sent Vadke, a,s ` estd li ded and
built by the Northern Texas Traction Company,
a street railway
addtand , an(' extending from
the beginning point of he laad herein donated
to t e West
d diva of the vi adaaat, as i° ereinbe; ore
recited, it being the intention that said por-
tion of said street shall be inept free and
Oldaar of and° lines of tracks of street railway,
or tracks and rails of other person
or per-
'it SPAS the,dr d , save , dis d�t ,
Texas e AM way Company
may have o ve
said portion of the dddtrebt.
Third: As as further and ' art consideration
of this grant and donation made by the said di Wa
I M it ie Raild ay Com,pamy'.., tided it d Fort �t��od t .
skull waive an ,rig t or alai lm it � to assess
any. ta.; e , charges, collections or assessments against the said Texas t Pacific Railway Compa oy.
on account of an street aavedadent aiaioh tie said
city of or td adi tike t 11=9 aN right ',t- chart
or assess wd�iidaddwddddt the"said Texas Aida i�daAfi�, i��d� , Y-
way_Company"by reamon of any provision of law
taxing or assessing street pacing costs or charge
hainst the dadl. aeant or abutting property downer,
adddk, the said t of pore Worth 's hall agree to
hold the said Texas & Pacific Railway ChTany
harmless mad free of am' Smah charges assess-
ments,ents, collections or dicddd;mands for sdaah street
pave ent which mi sht be chargeable or assessed
;dd„dinst the saidi, exas & tdacifi e ions a d, Company
td� reason of any paving or improvements made
or to be Sadie on hat portion of the strip of
land hereby donated dadddi heroi bet dre described
it being understood that the above provisions
named as to takes, charges or assess nts 'a, l
to the said strip donated and de soriided in t
inst rument, and as to all paving Barges had load 11 done on said strip ,so d,escri d, the said Gity of
Fort Wo tb t i nds and obligates itself to protect
the said Texas w Pacific mail way, Company
frog % any
payment thereon.
Fourth It i s d rtkd er expressly provided,
agreed and understood that tb s donation on the
part of the said Texas & Paci `i e HI t a, Company
and ace pta e on the part of the City of : cart
`iui`ort Fd wi s i.ad no y4y to interfere with, , ouno ,
annul or affect any right or privilege that
the said Texas & Paoific Railway Company has
along, over or upon the said AN Front'
Street; but all of the AgAt; and rivileges,
which the said Texas &15010 U'llway, O"o,"Mpap'Y' '
may have as td the said East Front Meets All
remain and be in full force and effect, aqd in
no way oancelled) changed or altered by this
agreement.
Fifth: It is expressly provided and
agreed that any AM& on the part of the
ci,�Y of Fort Worth to eaIrry out the terms of
this agree eat and the conditions of this
donation and grant, shall at the option of
the said Texas & OWN Railway Company,
forfeit the said donation and grant hereby
made, and the said Texas & Pacifio Railway
Coo mpana shall be authorized to re*ontar and
take possession of the property herein granted,
and hKe full title) possession and control
of the same in the same manner as though this
donation and graut had nevar been ma do, and the
said covenants and agreements so made conce rn-
1. land herein aonated shall be oovanants
� ,enaing and nunnirg vith the land donated bty
I
the said Texas & Pan,,,Ific Railway Company.
Sixth: The said City of Fort Worth,
by ,ordinance duly a d regularly passed, shall
aecept the terms of this grant and donation,
and by the said ordinance make full provisions
with reference to the carrying out and maintain-
ing the terms and provisions of same, and upon
the aneptance by the said City of Fort earth
and the Agular enactment of an ordinance, as
provided, Eh .s grant shall be taken and deemed
as comhave lete, and the said City of Fort Arth
shill the right to enter upon and take
�ossession of the"lancot herein donatady under
he terns and oonditions state .
In witness Bereof) the said Texas &
SAM Railway Compauly has caused this donation
and grant to be madi and exeauted b and throug,11
L.S.Sorne, its Vice President axad 4ever Mana-
This February 10th, 1010.
The Texas & Pah
f Railway Company,
V i 0 e r_e IRMO,_00 T
Genora wager.
.............
And whereas, the said tat.ty of Fort North
desires tho use of the property herein descr ibed
for the purposes therein named
SOW '111 t,IEFGRE, the said offer oT donation
y the said Texas & MAY Railway Comapany, 'is hereby
aocept d aocording to the terms and prow siorrs therein
named'.
'section p
As a ;port consideration of the grant
made on the part of the said Texas r Paoific taa,l a;
Company, the said City of tort Worth., by the acceptance
of same, hereby declares and agrees that the property
therein named and described shall be "used by the sail
City, of Fort Wore°th for street purp ses only , and it is
expres5ly provided that no side-wilk stall be built
u on o r along any portion of the property herein do-
nated, or along or upon an portion of that part of
fast Front Street lying soud of the street rear
,
tracks and adjacent to tare property herein described
atd donated. And it is further provided that all of
said. pert Of he street lying south of the street oar
trucks, as samoare now per manently constructed, ln-
olur n, 'e p Qated °� y the szxid Texas &'. paoit'i o
t �e�parr` ;' M used 'or street purposes only,
e of rr l e of any use of same by pedestrians.
cans.
pµ�
Sect on
It is Norther provided that, as
a part consideration of the grant and donation herein
rude by the said Texas & Pacific Railway Company, no
permit) franohise or privilege shall be garroted or
allowed to any, street oar compa, or other o rporation
or person,, to lal, corrstruct, larntain or operate any
lane of railway, tracks or rails over that portion of
sai
a
right or edatm°t tt as to a�s ess any taae.s, o'h x-ge
or Claims ag,a ,mrst thoi satrct Texrr,s & Pacific Railway
Company for street paving sper or over that .part of
land so donated by tie sai d Tezas 4, P,aolfio, t r -
Company and des mrrt beat in . soadd donation, and. the
said City of Fort tMort1r agrees is 'beta the said
Texas & �acific 11aillmay Company harmless and free of
arr charr es, assessmrients or demmtiarmm s for street paving
mmmhi ch rmm aht be chargeable cr assessed a atrmst r.t by
reason e any improvements made upon the pant so d,c-
rrtemt.
Section.
It is expressly prcvt r ed an
a reed that this donation, acrd ram oeptarrcc on the part
c °t'11,e ci,ty, of ort tAr nth is in, no way, to interfere
math, arraul or affect any, right that the said
Texas Pacific Railway, coillpany has by 'virtue of any
agreermme°rrt heretofore Trade with the City of Fort Worth
conoerrrimrg its r g its an r ivil T epe,s on East Front
Street, but the said rights and, pr°-t. w ,e es so tmes,ses.,s-
ed by t1ie said 'Texas .3,,,: 13acidt fe Railway emmmp ny shall
ra main arid be in full fence (rrrd effect the same as
though, this ordinaries 1,iaol not been passed.
ection d
it "is e �r ess .y prm rt dent an
agreed, that any failure on t le Uznns rt of the said City
of Font Worth 'to carry out the of the afreemerit
herein made by, this, or finance, shat.l at the c to �crm of
the said, Texas 8d � amIl '°t e Railway° Company, o r. ett the
said donation am�md, the acceptarrmre herein made, and, the
said ' e rm,s & Pacific ahsll be aut mcr i zed.
to re enter and take' perrmmesssion of sire property herein
hated and have full title ard, control
1 rr r
of the s e in t rim same n=ne r as LIiougrh t me said dona-
tion had never beerm, made; and that tyre rms.t t; Covenants
and agreamants so made small be ccsarmants e tez,:idirmg
with the land of the said Texas & Parm-ific Railway beam-
easy and subject to am sif g meni, by it.
Section r
This ordinance shall take, effect
A)rr , ire in ter e tr orr 1 after its passage,
be re'by certify that the above and f or*.
-s duly presentod and unanimously
ee
by the Board of dostssioners of the Oity of Port
Worth at a session of said Board Febr
15th,1910. 4,01 ty - are