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Home My WebLink About06392 ORD - 01/10/1962JKH :1 -8 -62 a AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON DEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A RIGHT OF WAY EASEMENT TO THE TENNESSEE GAS TRANSMISSION COMPANY ON FARM BLOCK 21 OF THE J. C, RUSSELL FARM BLOCKS HERETOFORE ACQUIRED BY T CITY FROM GUARANTY TITLE COMPANY BY DEED DATED JUNE 25, 1957a A COPY OF SAID RIGHT OF WAY EASEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THE CITY MANAGER BED AND HE Is, HEREBY AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXE- CUTE A RIGHT OF WAY EASEMENT TO THE TENNESSEE GAS TRANSMISSION COMPANY ON AND ACROSS FARM BLOCK 21 OF THE J. C. RUSSELL FARM BLOCKS HERETOFORE ACQUIRED BY THE CITY FROM GUARANTY TITLE COMPANY BY DEED DATED JUNE 25, 19571 A COPY OF SAID RIGHT OF WAY EASEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO EXECUTE THE AFORESAID EASEMENT FOR THE PURPOSES THEREIN DESCRIBED CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCILS AND THE MAYOR, HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE /% DAY OF JANUARYS 1962. MATT: MA R CITY SECRET Y THE CITY OF CORPUS CHRISTI EXA$ APDAPROVED AS TO LEGAL FORM THIS Y OF JANUARY, 1962: 6 CITY ATTORN Y ME i TO a /55 RIGHT OF WArAGREEMENT LL STATE OF TEXAS CO COUNTY OF KNOW ALL MEN BY THESE PRESENTS: THAT the undersigned (hereinafter called OWNER, whether one or more), for and in consideration of the sum of Guff: DOiis,T. (8 = -W ) Dollars, in hand paid, the receipt of which is hereby acknowledged, does hereby grant, sell and convey unto TENNESSEE GAS TRANSMISSION COMPANY, a Delaware Corporation, its successors and assigns (herein- after called GRANTEE), a right of way and easement for the purposes of laying, constructing, maintaining, operating, repairing, replacing and removing pipelines (with fittings, tie - overs, cathodic protection equipment and all appliances appurtenant thereto) for the transportation of oil, gas, or the by- products of either, along routes c9mvenient for Grantee's operations under, over and across the lands of Owner, situate in the County of Isua State of Texas, described as follows: THE RESF. 9ATI"S CMIAIWO !N SAID QEE& srra SU&,rgCy' 'ra tC ZA3VKJ= ease awes llan Orr. R0AOs "ME1076 E Q *ANTC3 GT °III CiTY,T PROW15£s yil" Meat "=M GRAU r.s RRM, all "I CLAIN TO AY ,EL$EACkIr B"EtH "ART&O *AND FURTHERMORE NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE RIGHTS GRANTED HEREUNOER SHALL TERMINATE UPON CESSATION OF THE USE AND RIGHTS GRANTED HEREUNDER AND IN ANY EVENT SHALL TERMINATE FIVE (5) YEARS FROM THE DATE HEREOF. Grantee shall bury the top of its pipe at least thirty inches below the surface of the ground. The undersigned Owner, his successors, heirs or assigns, reserves all oil, gas and minetals on and under said lands and the right to farm, graze and otherwise fully use and enjoy said lands, provided, however, that Grantee shall have the right hereafter to cut and keep clear all trees, brush and other obstructions that may injure, endanger or interfere with the construction and use of said pipelines, or fittings, tie - overs, cathodic protection equipment and appliances appurtenant thereto. Grantee shall have all privileges 'convenient for the full use of the rights herein granted, together with ingress and egress along said pipelines and over and across said lands. Grantee, by the acceptance hereof, agrees to pay damages to crops, pasture, fences, timber, livestock and all other personal property which may arise from laying, constructing, maintaining, operating, repairing, re- placing or removing said pipelines. There is also hereby granted the right to lay, construct, maintain, operate, repair, replace and remove, in the same manner and with the sane rights provided above, additional lines of pipe, but for each additional line laid, Grantee, its successors or assigns, shall pay Owner, his successors,' heirs or assigns, or his agent designated above, 33 of pipeline right of way at least ten days before commencing the construction of each additional line. As provided above, Grantee further agrees to pay damages for each additional line laid. TO HAVE AND TO HOLD said right of way and easement unto said Grantee, its successors and assigns, until such pipeline be constructed and so long thereafter as a pipeline is maintained thereon;and the undersigned hereby bind themselves, their heirs, executors, administrators, successors and assigns, to warrant and for- ever defend all and singular said right of way and easement unto said Grantee, its successors andassigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. It is agreed that this right of way grant as written above covers all of the agreements between the parties and that no other representations have been made modifying, adding to or changing the terms of the same. E - stihis gay of �1 iSRttSR t�e�lisTi 0 err, i.e UNQ KTy COTT gPPM3 AS TO LWL FM J - -WAY . 1021 JOINT ACKNOWLEDGMENT THE STATE OF COUNTY OF BEFORE ME the undersigned, a Notary Public in and for said County and State, on this day personally appeared , his wife, both known to me to be the persona whose names are subscribed to the foregoing instrument, and acknowledged at me that they each executed the same for the purposes and consideration therein expressed, and the avid , having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A. D. 19 (L.S.) 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RESPECTFULLY, MAYOR THE CITY OF CORPUS CHRIST ,TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES BEN F. MCDONALD TOM R. SWANTNER DR. JAMES L. BARNARD Jose R. DELEON M. P. MALDONADO cz W. J. ROBERTS JAMES H. YOUNG THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW NG VOTES BEN F. MCDONALD TOM R. SWANTNER DR. JAMES L. BARNARD dl I JOSE R. DELEDN M. P. MALDONADO W. J. ROBERTS JAMES H. YOUNG