HomeMy WebLinkAboutOrdinance 5845 ORDINANCE NO.
AN ORDINANCE GRANTING THE FORT WORTH AND DENVER RAILWAY COMPANY,
A CORPORATION, THE RIGHT TO CONSTRUCT, MAINTAIN, OPERATE AND
REPAIR A CERTAIN SPUR TRACK IN, ON AND ACROSS OLD DENTON ROAD
IN THE CITY OF FORT WORTH, TEXAS; PROVIDING FOR INDEMNITY AGAINST
CLAIM 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 Fort Worth and Denver Railway Company, a corporation,
be and it is hereby granted the right and privilege to construct, maintain,
operate and repair a track across Old Denton Road in the City of Fort Worth,
Texas, the description of said track being as follows:
Beginning at a point in the east line of the Old Denton Road,
said point being 359.0 feet south of the northwest corner, Block 5, of the
Great Southwest Industrial Park;
Thence west across the Old Denton Road 120.0 feet to a point in
the west right-of-way line of said road;
Thence south along said west right-of-way line 15.0 feet to a
point;
Thence east again crossing the Old Denton Road 120.0 feet to a
point in the east right-of-way line of said road;
Thence north along the said right-of-way line 15.0 feet to the
point of beginning.
The above described easement is shown on a print of Drawing,
attached hereto marked Exhibit "A" and expressly made a part hereof.
SECTION 2.
The grantee, the Fort Worth and Denver Railway Company, shall
have the right to construct, maintain, operate and repair the 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 expressly
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 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 the Old Denton 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 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, the Fort Worth and Denver Railway 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 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 or operation of
said track constructed pursuant hereto in, upon or along Old Denton Road.
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 AND LEGALITY:
City Attorney
'it y of Fort Worth., Texas
Mayor and Council Communicationmllfl'Nl�
DMAUTE R PAM
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9/6/17 Q 1054 r'0 , �ny I Of of M4,m*
_t EcT: Easement and Railroad Crossin
_ynyer &JIgay
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In connection with the development of the Great Southwest Corporation HA N IV
Industrial Park, a grade crossing at Se spur track across the Old Denton Road
is needed to serve fa4ilities between the Old Denton Road and 1-35W and south
of 1-820. The Fort Worth and Denver Railway Company has requested that the City
grant an easement by ordinance for the spur track crossing, and the railway same-
panybas agreed to construct a full-depth plank crossing at full railway expense
and to construct and maintain a flashing light aignal system at the or000ing in
accordance with standard City policies.
S Lnq.taLI�Ltion of Facili�Lies
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At this time, Old Denton Bpad is a county-type road with relatively little traf-
fic. It is proposed that installation of flashing signals be delayed tm,til the
road is improved and vident-A to a dual lane facility an 120 feet of right-of-way
as planned for the future and at such time as the City—determines the crossing
signal to be needed. Standard City policies provide that an ew railroad cross-
ings, the City shall pay one-third, and that the railway company shall, pay two-
thirds of the cost of installing the signal system. The railway will pay the full
cost of operation and maintenance of the signal system and plank crossing.
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It is recommended:
1) That an ordinance be a4opted granting the Fort Wdrith and Denver Railway
Company an easement on the Old Denton Road for a spur track crossing; and,
2) That the City Manager be authorized to execute a railroad crossing agree-
ment with the Fort Worth and Denver Railway as described abave.
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S. E. COR. II 1. 231 AC.
VOL. 4188 , PACE 9
N.E. CO R. 147.E 7 AC.
VOL. 418 , PACE 460
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EXHIBIT "N'
RAILROAD
GREAT SOUTHWEST INDUSTRIAL PARK
OF FORT WORTH - C SIC MARK X
PREPARED BY CARTER a BURGESS - ENGINE E�R� PL.A� IER�