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HomeMy WebLinkAbout07067 ORD - 10/30/19630 ' L s AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A REVOCABLE EASEMENT TO CROSS UNDER FLOUR BLUFF DRIVE WITH ONE (1) 2" OIL PIPELINE AND ONE' (1) 4" OIL PIPELINE, PROVIDING THE TERMS OF SUCH EASEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute and deliver to Humble Oil & Refining Company a revo- cable easement to cross under Flour Bluff Drive with a 2" oil pipeline and'a 4" oil pipeline for use in connection with the operation of the Corpus Christi Naval Air Station Federal Oil and Gas Lease, a copy of which easement is attached hereto and made a part hereof. SECTION 2. The necessity for commencement of construction of the pipelines crossing under Flour Bluff Drive in connection with the operation by Humble Oil & Refining Company of its Corpus Christi Naval Air Station Federal Oil and Gas Lease 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 meet- ings of the City Council, and the Mayor, having declared such emergency and necessity to exist, having requested the suspension of the Charter Rule and that this ordinance take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY PASSED AND APPROVED this j 0day of 1963. ATTEST- / lai'OR /v/ THE CITY OF CORPUS CHRISTI, CITY/ SECRETARY TEXAS APPROVED AS TO LEG ORM this day of 1963 , r CITY ATTORr Y 7067 THE STATE OF TES X X —COUNTY OF NIECES X KNOW ALL MN BY THOSE PRESENTSf Y That the City of Corpus Christi, Texas, acting by and through its duly autharized City Manager, Herbert W. Mli.tney, for and in consideration of the sum of One Dollar ($1.00) to it in hand paid by Rumble Oil & Refining Company, a private corporation, organized, existing and doing business under the laws of the Btate of Delaware, and having an office and place of business in Corpus Christi.., Hueces County, Texas, the receipt of which is hereby acknowledged and confessed, has granted, sold and conveyed, and by these presents does grant, sell and convey, upon the conditions hereinafter stated, unto the void Rumble Oil & Refining Company the right to ]ay, construct, operate, maintain, repair and remove one V and one 4" pipeline for the transportation of oil in order to cross under Flour Bluff Drive upon the following described property located in Corpus Christi, Nueces County, Texas, to -wits upon a strip of land the centerline of which is in the west- ern boundary of Flour Bluff Drive — Corpus Christi, Texas, at a point 184 feet south 29• west of the northeast corner of Lot 16, Block 42, Flour Bluff Encinal Farm and Garden Tracts, a Subdivision now in the City of Corpus Christi, Texas, ten feet (101) wide and forty feet (401) long, and being that portion of the right -of -way crossing Flour Bluff .Drive at right angles at the point above described the full width of the right -of -way to the eastern boundary thereof. TO H#VZ AM TO HOLD the same . unto the said Humble oil & Refining.Compgny, its successors and assigns, together with the right and privilege at any and all times to enter,upon the above strip of land for the purpose of constructing and maintaining the said pipelines for transportation} of oil on said strip of land, and it is further understood that the foregoing easement and right is granted upon the following conditions: (a) it is understood and agreed that the right and, easement herein granted may be revoked at any time by the -City - of Corpus Christi, Texas. (b) Grantee will save and keep harmless the City of Corpus Christi, Texas, from any and all claims for liability by reason of the construction of said oil pipelines, or theropera- tion, maintenance or existence thereof. (c) Grantee will repair or cause to be repaired any damage to any city water or gas lines and any city sewers by reason.of the construction of said oil pipelinex and the operation and maintenance thereof. (d) Any use of the oil pipelines crossing under the right and easement herein.granted shall always be directly related to the operation of the Corpus Christi Naval Air Station Federal oil and Gas Lease, and only fr the purpose of the transportation of oil. (e) All rights granted hereby shall be subordinate to all uses by the City and shall upon notice by the City be made to conform to such other uses as the City may make of such street for public use. Two (2)' maps, plats'and engineering drawings have been filed in the office of the City Director of Public Works showing all details of installation and construction, including depth of installation proposed to conform and comply with City requirement# of such office as to engineering specifications as follows; (1) Two oil lines to consist of one 2 "'Schedule 40 welded steel pipeline in 6" welded steel conduit and one 4" Schedule 40 welded steel pipeline in 8" welded steel conduit-- full width of right -of -way (40 feet). (2)• Lind to be lAid'by boring under right-of-way. (3) Grantee to adjust or relocate pipeline, if necessary, for construction of public utilities or other facili- ties. (4) Markers of oil lines to bs furnished and maintained at each side of !lour Bluff Drive by grantee. IN TUTIMNY VHMOP, the City of Corpus Christi, Texas, -2- , has caused these presents to be executed this day of 1963. CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO LEGAL FORMS City Attorney Its City Manager ATTESTS city secretary THE STATE OF TEXAS X X COUNTY or NUECES X BEFORE ME, the undersigned authority, on this day person- ally appeared HERBERT W. WHITNEY, known to me,to be the CITY MANAGER of the CITY OF CORPUS CHRISTI, TEXAS, and the same person who signed the foregoing instrument, and acknowledged to ate that he executed the same as the act of the'City of Corpus Christi, Texas, and as City Manager thereof for the purposes and consid- erations therein expressed., _ GrM UNDER MY HAND AND SEAL OFF OFFICE this day of A. D. 1963, Notary Public in and for Nueces County, Texas The above grant and easement is hereby accepted this the �- day of 1963, by Humble Oil & Refining Company, and said corporation agrees to keep and perform the con- ditions ,imposed by said grant and easement and that it is bound by all -of the terms of the same. HUMSLB OIL & REFINING COMPANY By Agent and Attorney -in -fact THE STATE OF•TBXAS X COUNTY OF "NUECES X BEFORE ME, the undersigned authority, on this day person- ally appeared , known, to me to be .,the person whose name is subscribed to the foregoing instrument, as AGENT AND ATTORNEY -IN -FACT for HUMBLE OIL & REFINING COMPANY, and acknowledged to me that he herein executed the same for the purposes and consideration therein expressed, in the capacity stated, and ad the not and deed of said EMOLE OIL & REFINING COMPANY. GIVEN UWER MY n9ND AND SEAL OF OFFICE this the day of , 1i. D. 1963. Notary Public in and for Nueces County, Texas -4-- o� CORPUS CHRISTI, TEXAS So DAY OF 19L• TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCES 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 COUNCILS 1, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO - DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL, RESPECTFULLY, 'A OR THE CITY OF CORPUS CHRISTI, TEXAS. THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW (/G VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR.