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To the Honorable Mayor and City Council of the City of Fort Worth.
Gentlemen:
With reference to the case of Hartshorn Bros. vs R. L. Carlock and the city of Fort Worth, I would respectfully report as a supplement to my report Heretofore filed, that I have agreed with the plaintiffs that they will take in satisfaction of judgment rendered against the city the amount thereof, and I have agreed with R. L. Carlock that he will pay of that amount the sum of $150, leaving the net payment on behalf of the city of $200 and costs.
The agreements made by me, of course, are subject to the approval of the cinty council, and I can only recommend that the city council concur in what I have done, for I think that the settlement on the basis indicated is a most magnificent termination of this litigation about which I have been much disturbed ever since the suit was filed. A settlement on this basis is practically only the payment of that amount which would be necessary to be expended by the city in order to appeal the case, and it has always been my policy to settle cases where they can be settled for no more money than is necessary to be expended in the prosecution.
Respectfully, E. C. Orrick City Atty
5/7/06 Approved John B. Hawley City Engr
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WHEREAS, on the 18th day of January, 1906, the Texas & Pacific Railway Company dedicated unto the City of Fort Worth, for use and benefit of the Sycamore Land Company dedicated unto the City of Fort Worth, for use and benefit of the Sycamore Land Company, the right to lay out, construct, maintain and use for road or street purposes, a certain road or street over and across a certain tract of land owned by the Texas & Pacific Railway Company, and which said certain tract of land is fully described in the grant and deed made by the Texas & Pacific Railway Company to the City of Fort Worth, as appears of record in the office of the county clerk of Tarrant County, Texas, Deed of Record Cook 221, page 178, and the boundaries of which said road or street are also fully set out and described in said Deed recorded in said Deed of Record Book 221, page 178, and for a full description of said tract of land and boundaries of said street or road reference is had to the said deed, and,
WHEREAS, since the execution of said deed the said Sycamore Land Company and the said City of Fort Worth have concluded not to build or construct said road over the land described and according to the boundaries therein set forth, but have arranged to build and construct same at a point further south, and,
WHEREAS, it is provided in said deed that the failure to use and maintain the premises granted shall cause the same to revert to the Texas & Pacific Railway Company,
NOW, THEREFORE, be it resolved by the City Council of Fort Worth:
1. That the said City of Fort Worth hereby releases and quitclaims any right, title or claim it has in and to the street or tract dedicated or granted by the Texas & Pacific Railway Company as aforesaid.
2. That the Mayor and City Secretary be authorized and directed to execute a proper deed releasing and quit-claiming any right, title or claim the City of Fort Worth may have in and to the land granted and dedicated to the City of Fort Worth.
3. WHEREAS, the Sycamore Land Company expresses its willingness to join in said deed re-conveying the said property to the said Texas & Pacific Railway Company, therefore it is further ordered that the said Mayor and City Secretary be directed to allow the said Sycamore Land Company to join with them in executing said deed.