HomeMy WebLinkAboutOrdinance 1047 AB ORDNANCE rT'LlkING AND VACATING PORTI10ANS CR
CBS AVTNUZ,, AND , TLARTA� HC CI�K,' POVt L HAR-
VVY, DAVIS ARhINGTCA, BALTIMORE :ABM �' BBRBi7B
STI�RRTB AtrT A STRUT OR ALLEY WRBT OF LOT 2,29,
Bl'o6 , ALL IN HYDE PARK ADDITION TO THE CITY
OF FORT WORTH, TEXAS "'UD GRANTING 01RTA11i
,FRANCHISES AND ?' .IVI B KS TO UT'S0,OU I- ANSA -
TEXAS ,RAII,Rt"tAD COMPANY OF TEXAS THEREIN AND PRO
VIDING FOR COMPUSATION.
WHEREAS, Missouri- Kansas-Texas Railroad Company of
Teas owns certain railroad ya ds in the City of Fort 'forth,
Texas, which it desires to enlarge; and
WHEREAS'* It is zeaessaary for the urpose of said en-
largement for it to use the portions of Epes Avenue and of
Atlanta, Norfolk, Powell, Hervey, Davis, Arlin Eton, Bgt�Jtiraore
and Jefferson Streets aand., of the street or alley west of Lot
229,, Blocky 9, all in Hyde Rants Addition to said City, herein-
after.described.; and
H,VR,RA,B, it is considered by the B(,%md of Commissioners
of the City of 'Fort "Worth Rrent;ty to the interest of said City
and the inhabitants thereof to have said Railroad. Company en-
large its facilities as contemplated, upon the consideration
herein named.
SOW, THEREFORE,
BE IT ORDAItjlRC BY THE BOARD OF COURIS'SION RS OF :THE
CITY OF FORT ORTB:
_. SECTION' 1.
That, for the cons,iderarti,.)n narridd in Section II here-
of, the portions of Epes Aven k , Atlanta,, Korfolk, Rowell,
Harvey, Davis, Arlington, Baaltimore and Jefferson Streets and
the sure%;t or alley' writ of Lot 229, Blook 9,, all in Hyde Park
Addition to the City of Rost Waaharth, Texas, below descritzed, be,/
#--2- Ordinance Bo. 1041
and the same are hexeby forever closed and vacated for the
purposes and uses of public streets or thoroughfares, namely:
(a) Epes Avenue from its be .zaa9 ," A at the northerly
limits of said Hyde Park Addition, be:'Ln"� also the northerly
line of the T. ursey H. Basoutherly to its end on the souther-
ly limits of said Hyde Park Addition being also the southerly
line of the J.ij.ifcDermott H.R.
(b) All that part of Atlanta Street weetierly from the
easterly line of Lot 222, Block, 9, of ak,,dd. Hyde Park; Addition.
(c) Al.l that part of Nortfolk Street westerly from the
easterly line of ;dot 194, Block 8, of said Xyde Park Addition.
(d) All that i,a�art of Powell Street westerly from the
easterly line of Lot 164, Block 7, of said Clyde Park Addition,
(e) All that iaa r to of Harvey Stxeet weaterly from the
easterly line of Lot" 1 , `Blawll''6, o aiai Hyde, Park Addition,
(f) All that part of Davis Street westerly from the
easterly line of 'got 104, Block 5,, of said Hyde Park Addition.
(g) All that park; of Arlington Street westerly from the
easterly line of Lot 74," Block 4, of said Hyde Park Addition.
(h) All that part of Baltimore Avenue westerly from the
easterly line of Lot 44, Block. 3, of said Hyde Park Addition.
(i) All that part of Jefferson Street westerly froaa;M the
easterly line of Lot 1 , Block 2, of said "Hyde Park. Addition.
(j) All that part of a street and alley westexly from the
south line of Lot 229, Black 9, of said ,Hyde Park Addition
lying between the south line of said Block 9 and the southerly
limits of slid Hyde Park Addition.
SECTION Ix.,
The isscaur -Kansas-Texas Railroad tlo'psny f 'Terms, fts
successors and assi„gns, shall- have the Tight to hold, maintain,
use and enjoy all of the artions of said avenues, streets and
alle `hereinabove described for the purpose of constructing and
maintaining therein such railroad tracks and other appliances
facilities and ;structures as waaa,y be necessary or convenient for
the transaction of its business as a common carrier in the City
cif Fort Worth. :TUis right is g;ra,uated however, 4pon, the condition
#-3- Ordinance No. 1.047-
that, and in conotderation -therefor, Missouri-Kansas-Texas Rail-
roc Company of Texas shall dedicate to the public a strip of land
50 feet in width extendiaj. across Blocks Nos. I to 9 inclusive of
said Hyde Park Addition to the City of Fort Worth, said strip
of land covering the east 50 feet of Lots 222 to 229 inclusive of
Block No. 9, and all of Lots 1,94 and 219 of Block No.8, of Lots
164 and 199 of Block No-7, of Lots 134 and 159 of Blocks No.6;
of Lots 104 and 129 of Block No.,5; of Lots 74 and 99 of Block No.
of Lots 44 and 69 of Block X0.3, and of Lots 1,5 and 40 of
Block Yo.2, and also the east 50 feet of Lot No 2.Slock No.1,
and all of Lot No. 1, Block No.1, and that portion of Lot No. 41,
Block 2, lying east of a line parallol with and 100 feet east
fr9m the east line of Epee Avenue, and shall further improve,
all of the said 5j) foot Rtrip of land tc,,) the sa�,iie extent that the
portion of Epes Avenue herein vacated and closed for the purposes
and uses of a public street is now isnproved, and shall, at its
expense, change the fire hydrants, sewers, water lines and fire
lines now located on Epes Avenue, and the west 120 feet of the other
to
streets he sin above, nwaed over/the 50 foot strip so dedicated
so that such utilities small bear the same relative position to
said 50 foot strip and the cross streets abutting thereon as they
now bear to Epes Avenue and the west 100 feet of said abutting
Streets, such improvements and changes to be timle uner the super-
visians of the City Etgineer of Fort Worth who will determine when
the improvements of said rare foot strip are equal to the present
improvements of Epes Avenue and the vacated, portions of the streets
abutting thereon.
SECTION III.
That RaAlToad Company of
Texas by filing its writteon of the terms said conditions
of this ordinaace, sha,'11 thereby contract, bind and obligate it-
self and it shall farever thereafteT hold and, save the City of
#-4- Ordinance No. IOk7-
Fort Torth free and hazmless from and age-inst any ;�',ind all claims,
demands and liabilities of whatever nature, whether directly
growing out of or merely incident to the exercise or the attempted
exercise by it of the poweTs, rights, privilegres and franobises
herein and hereby granted,, and said, RRIA.'road, Company shall ther"e7gy
especially agree, bind and obligate itself to hold the City of
Fort Worth harmless from and against any and all claiws, demands
and causes of action msdtt tipoz or brought aF,,,ainst it, the City
P
of Fort Worth, by reason of the �Oooirg, and vacating of the several
portions of the aforesaid avenize, streets and alley and to Teim-
burse the City of Fort Worth for all e,,qpemse which it ziiziy be cam-,
pell,ed to incur by reason of any sucli claims, demands, or causes of
action or by reason of Piny of the acts or things growir., oui of
the exercise or attempted exeroise by the said Railroad Company of
any of the powers, Tigrhts, prilvileges or franchises herein granted.
The Railroad Compajay, by filing such 'written acceptance, shall
and it (. oes heTeby agree to satisfy all Judgements or other lawful
demands which may be maxie upon or brougbt or recovered against the
City of Fort Worth which originate or grow out of the passage of this
ordinance or the acts of the Railroad Company in using (br enjoying
br in attempting to use or enjoy, the benefits of this ordinance,
including, all damage suits tkiat tt�ay arise as a result of the removal
of the railroad tracks eastward ft,Wn their ,!!)resent location or the
construction of ar as tracks between the west line of Epes Avenue as
now located and the 50 foot strip which the Railroad OcmPany
herein 8gTe#S to dedicate to,tore public use.
#-5- Ordinamoe No. 10147.
That saAA Missou ri-lKansas-Temns IR',eilread Compah,,(f'
of Texes shall file its written a0ceptance of 'the, terms and
conditions of this ordinanae not la,te-r than ?0 day S freDnl the
time that thw saze tak,,.",,R effect i,%s provided, by the term a of
the City Obe rtp,-,,r andL, in of its failure so to do, this, ordl-
nance sball wholly teruiLwtte and 'be I no effect whatsoever*
SECTTON If.
That this ordinax we sha,li take effemct at the time
and in the zzanner prw,ided by the City Chartex in such, ca,seq
made and pruvided,,, and , if accelpted,:, continue, in force for
a period of irs froui the time of its takItIg,
effect.
APMOVEM AS TO FORU.
Gsroit R,jz Rouer
Y Att4srxt t,
By (Signed) Gillis A.Jolu,"Iawl,
Assistant City
At torney,,,
I, Henry Keller, Assistwit City Secret",, y-
Treasurex of the City of Fort Worth, Texns , do hereby oe:rtify
that tlip,, above 4axid foregoing, is R,,, tru;-,,, and correct 0,op,s of
0,r4i'18,006 Nn, '104-7, adopted, by the M,Cy 001MC43, on the 13,th
iii
v.
46,7--Of JA uary D. 1,9,2,50
717
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