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Home My WebLink About06368 ORD - 12/20/1961AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE, FOR AND ON AWALE OF THE CITY OF CORPUS CHRISTI, A REVOCABLE EASEMENT TO CROSS UNDER HEREFORD ROAD WITH A 1 OXYGEN PIPE LINE IN CONNECTION WITH THE. BUSINESS OPERA En AND TO BE OPERATED ON HEREFORD ROAD; PROVIDING THE TERMS OF butt! EASFENT, A COPY OF WHICH IS ATTACHED HERETO AND RAVE APART HEREOF; AND DECLARING AN EMERGENCY, BE IT ORDAINED BY THE CITY OF CORPUS CHRISTI, TEXASc SECTION 1. That the City Manager is hereby authorized to execute and deliver to Big Three Belding Equipment Co., /no., a private Texas cor- poration, a revocable easement to cross under Hereford Road with 's. 1911' oxygen pipe line, for use in oonneotion with the operation of a business on Hereford Road, a eopy of doh easement is attached hereto and made a part hereof. SECTION 2. The Neoessity for oommenoement of oonstruotion of the oxygen pipe line crossing under Hereford Road in eonneotion with the operation of the business on Hereford Road, above mentioned, as soon as possible creates a publio emergenoy and an imperative public necessity requiring the suspension of the Charter Rule that no ordiaanoe or resolution shall be passed finally on the data of its introduotion and that suoh or- dinance or resolution shall be read at three several meetings of the City Council, and the Mayor, having deolared such emergeaoy and necessity to exist, having requested the suspension of the Charter Rule and that this orAinanoe take effeot and be in full Toros and effect from and afte is passage, IT I8 ACCORDINGLY PASSED AND APPROVE D , 1961. this day of APPROVED AS TO L,CAL FOEM This /4- day of e� q t/ , 1961 MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 0-7 THE STATE OF TE'lk - I gJi ALL tufa, BY THESE PRESENTS COiJ1TY OF NUECOS That the City of Corpus Christi, Texas, acting by end through its duly . authorized City tanager, Herbert W. Whitney, tor and in consideration of the sum of One Dollar ($1.00) to it in hand paid by.big Three Welding Equipment Co., Ina.. a private corporction, organised; existing and doing business under lace of the Stets of Texas, located at 301 Hereford Road, Corpus Christi, ' Hueaee County. Tawas, the receipt of nhioh is hereby seknowledgod and confessed,. -has granted, sold end oonveyed amity these presents does grants sell and noway. upon the condition/ herelamfter stated,,uato the said Rig Three Welding Equipment Co., Ine..the right to lay, construct, operate, maintain, repair and remove-one 1- 4spipe line for the transportation of oxygen, in -order to oromm wader Hereford Road, upon the - following described property located -to Corpus Christi, Manses County, Texan, to-eits TTpen a strip of land beginning in the western boundary of Hereford Road, Corpus Christi, Texas, at a point approximately 68 feet south of the Southeast cormr of Lot 4, H1ock 2, lantana Industrial esa, a Subdivision in the City of Corpus Chriati._Texaa, as shown by the r plat a te e 3 S or Elwell Coun ty, Tomas. owhich reference is heremade in aid of 1 - - this description, whioh Lot fronts on Hereford Road,_ and being Six (6 °) - .).noheo vide and-Sixty (60') Feet 1ong, and being iu that portion of the right- of -way of Hereford Road -so ns "to cross DerefOrd Road at right 4Ttglea at the porn. above described the Stall Width of the .- right -of -sway to the eastern boundary of Hereford goad, To have and to hold the-same unto the said nig Three Welding Equipment Co., loc.,'its successors and asaigte, together elth the right and privileCe at any and•all times to enter upon the above strip of lend for the purpose of con+ etraoting and maintaining the said. pipe lice for transportation of oxygen an said strip of land, and it is furtlsr understood that the foregoing easement-, and right is granted upon the following oonditiams• (a) It is understood and agreed that the right and easement herein granted may be revoked at anytime by the City of Corpus Christi, Texas. (b) Grantee will'saw and keep barmlass the City of Corpus Christi, Texas, from any and all claims for liability by reason of the ooustruotion of said oxygen pipe lane, or the operation, maintenance or exietanoe thereof. - (o) Grantee will'repair or oauae to be repaired any damage to any city Water or gas lines and any city sewers by reason of the oonstruation of said oxygen pipe line =and the operation end naintansincs thereof. (d) Aay'use of the oxygen pipe line crossing under the right end t easements herein granted 'shall always be direotly related to the business cos ducted by grantee at its location at 301 Reretord Road, Corpus Christi, Texas, and only for tho purpose of the transportation of omen,. (e).All rights granted hereby shell be subordinate to ell uses by the City acid shall upon notice by the City be made,te oonform to Snob ether uses ate - the City may mnke of such street for public use. Two (2) seised.maps, plats' - andengineering drawings bane been filed is the office -of the City Direotor'of- Public Works showing all details of installation and construction, including - deptb of installation propo ud twoonfors and oomply with City requirements of suoh office se to engineering sPeoi1iaations'as fo11oes -- . (1) On/online to consist of 14" type "g" copper-pipe, in 6" schedule 14D, black steel caning - full width of right- of■way (60 Peet). Type - - " A" copper pipe -to be ,t'r ie of joints. - - (2) Center line of 6" casing to be elevation 314.75, oity *s dattmm, ' (3) Open cub of street requested, to; t* repaired and restored to original oondition by grantee. (14) Grantee to adjust or relocate pipe line, if necessary, for construction of public utilities or other f oiltties. - - --° (5) Marlowe of oxygen liter- tabs i'arniehed_end'seirstained at -each side ofReroford Road by grantee._ _ - - - " - In- +testimony whereof, the City of Corpus Christi, 'Yeses, 7tas sensed these pteeents to be executed this day, of leoembsr+ 1961. - ,hppraved as to Legal Forms - CITY OF CORPUS CU2X&1T, -TF SS City attorney aggiegs citly Groretary hE 5TG'l'E -I)r' TrinG COUNTY- OF - NU6C]t8 - Before me, -the undersigned authority, on this day perennially gppeared Herbert W. iihitnesy, known to sae to be the City-garner of the City of Corpus Christi. Terns, and the -same person who-- eignsd the foregoing instrument and aoknowledged to -me that he executed the same t1 the eat of the City of Carpus Christi, Texas, end as City ]iwager thereof for the purlosss sad- oonsldsrations therein expressed. Given under oy hand and seal of taffies this �.� day of December,- 19C>1. Notary iublic, Nueees County. Texas The above grant and easement is hereby accepted this the day of llocember, 1961, by itig Three 'Fading Equipment Co., Imo. and said oorporatior► agsas to keep and perform the conditions ampoaed -by said grant and - eases and that -it ie-bouad-by all of the terms of the a a. -- ATTnb'Ts - -- BIG TU a WOLeGa4(: A,GLeSass2 C0., ISO. BY Ito president MU of Itileg C GOUTY OF MANUS , Before me, the undersigned authority, on this dye 'personally appeared S: X. 8etth, koor6 to me to be the some person-who signed ,the above iastrue..nt, and be aoketorledged'to to that he esseeted the Rome as the set of Big -Tbr. halting Xqulyeesnt 00.,-Ins.. sad both* eapseity, tberfla -stated for the- purpr.MS ..ad 000sid rattcRe Herein lispressed. Given under when* sad seal of effioo this the day of December, 196.. 441:1. • TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS J /� _DAY or Xy�'.. , 19.,St. FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION-OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I', THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR CITY OF'CORPUS 4HRISTI,TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE= BEN F. MCDONALD Tom R. SWANTNER DR. JAMES L. BARNARD Jose R. DELEON M. P. MALDONADO W. J. ROBERTS JAMES H. YOUNG THE ABOVE ORDINANCE WAS PASSED BY THE BEN F. MCDONALD TOM R. SWANTNER DR. JAMES L. BARNARD JOSE R. DELEON Mo Po MALDONADO W. Jo ROBERTS JAMES H. YOUNG FOLLOWING VOTES