HomeMy WebLinkAbout07093 ORD - 11/27/1963JKH:11 -26 -63
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE, FOR AND
ON BEHALF OF THE CITY OF CORPUS CHRISTI, A REVOCABLE
EASEMENT TO CROSS GLEN OAKS ROAD AND AN UNNAMED,
UNOPENED, DEDICATED ROAD IN LAGUNA MADRE ACRES WITH
ONE 4" PIPELINE FOR THE TRANSPORTATION OF GAS; PRO-
VIDING 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 COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED
TO EXECUTE AND DELIVER TO HUMBLE OIL & REFINING COMPANY A REVOCABLE EASEMENT
TO CROSS UNDER GLEN OAKS ROAD AND AN UNNAMED, UNOPENED, DEDICATED ROAD IN
LAGUNA MADRE ACRES WITH ONE 4" PIPELINE FOR THE TRANSPORTATION OF GAS, A
COPY OF WHICH EASEMENT IS ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THE NECESSITY FOR COMMENCEMENT OF CONSTRUCTION OF THE
PIPELINE CROSSING UNDER THE AFORESAID STREETS BY HUMBLE OIL & REFINING COM-
PANY CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIR-
ING 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 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 AFTE I PASSAGE, IT IS
ACCORDINGLY PASSED AND APPROVED THIS _LLDAY OF v > 1963•
ATTEST:
THE CITY OF CORPUS CHRISTI,
TEXAS
CITY SECRETARY/ I /
APPROVED AS TO LEGAL FORM THIS
_tkDAY OF - ,t 963
CITY ATTORNEY
7093
THE STATE OF TEXAS X
X KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES X
That the City of Corpus Christi, Texas, acting by and
through its duly authorized City Manager, Herbert W. Whitney, for
and in consideration of the sum of One Dollar ($1.00) to it in
hand paid by Humble Oil & Refining Company, a private corporation,
organized, existing and doing business under the laws of the State
of Delaware, and having an office and place of business in Corpus
Christi, Nueces County, Texas, the receipt of which is hereby ac-
knowledged and confessed, has granted, sold and conveyed, and by
these presents does grant, sell and convey, upon the conditions
hereinafter stated, unto the said Humble oil & Refining Company
the right to lay, construct, operate, maintain, repair and remove
one 4" pipeline for.the transportation of gas in order to cross
under Glen Oaks Road and an unnamed, unopened, dedicated road in
Laguna Madre Acres upon the following described property located
in Corpus Christi, Nueces County, Texas, to -wit:
(1)A strip of land 5' in width crossing Glenoaks Road in the
Laguna Madre Acres Subdivision of Lot 7, Section 53, Flour
Bluff and Encinal Farm and Garden Tracts, City of Corpus
Christi, Nueces County, Texas. The centerline of said 5'
strip is described as follows:
BEGINNING at a point, in the northeast right of way line of
Glenoaks Road, which bears S 290 02' W a distance of-476.0
feet and S 600 58' E a distance of 225.9 feet from the north
corner of Lot 7, Section 53;
I
THENCE S 15° 10' W, parallel to the northwest right of way
line of Laguna Shores Road, a distance of 53.58 feet to a
point in the southwest right of way line of Glenoaks Road.
And being that portion of Glenoaks Road west of and adjacent
to the projected west right of way line for Laguna Shores
Drive at its intersection with Glenoaks Road.
(2)A strip of land 5' in width crossing a 40 foot wide dedicated
road in the Laguna Madre Acres'Subdivision, the centerline of
this road being along the southwest line of Section 54 and
the northeast line of Section 53, Flour Bluff and Encinal
Farm and Garden Tracts, City of Corpus Christi, the center-
line of said 5' strip of land being described as follows:
}
BEGINNING at a point, in the northeast right of way line of
said dedicated road, which bears N 29° 02' E a distance of 20
feet and N 600 58' W a distance of 55 feet, from the south j
corner of Lot 23, Section 54;
THENCE S 20 34' W, parallel to the northwest right of way
line of Laguna Shores Road, a distance of 44.66 feet to a
point in the southwest right of way line of the dedicated
road.
And being that portion of said dedicated road west of and
adjacent to the projected west right of way line for Laguna:
Shores Drive at its intersection with said dedicated road.
TO HAVE AND TO HOLD the same unto the said Humble Oil
& Refining Company, its successors and assigns, together with the
right and privilege at any and all times to enter upon the above
described strips of land for the purpose of constructing and main-
taining the said pipeline for transportation of gas on said strips
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 gas pipeline, or the operation,
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 reas-
on of the construction of said gas pipeline and the operation and
maintenance thereof.
(d) 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
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t
been filed in the office of the City Director of Public Works show-
ing all details of installation and construction, including depth
of irB tallation proposed to conform and comply with City require-
ments of such office as to engineering specifications as follows:
(1) One gas line to consist of one 4" welded steel gas line
having working pressure of 100 PSI in 6" welded steel
conduit,- full width of both right ofways.
(2) Line to be laid by boring under Glenoaks Road and open
ditch under unimproved right of way.
(3) Grantee to adjust or relocate pipeline, if necessary,
for construction of public utilities or other facilities.
(4) Markers of gas line to be furnished and maintained at
each side of Glenoaks Road by grantee.
IN TESTIMONY WHEREOF, the City of Corpus Christi, Texas,
has caused these presents to be executed this day of
, 1963.
• CITY OF CORPUS CHRISTI, TEXAS
APPROVED AS TO LEGAL FORM:
City Attorney
ATTEST:
City Secretary
THE STATE OF TEXAS X
By
Its City Manager
X
COUNTY OF 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 me 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the
day of A. D. 1963.
i
Notary Public in and for
Nueces County, Texas
-3-
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 conditions imposed by said grant and easement and that it is
bound by all of the terms of the same. ;
HUMBLE OIL & REFINING COMPANY
By
Agent and Attorney -in -fact
THE STATE OF TEXAS X
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, and
acknowledged to me that he executed the same as AGENT AND ATTORNEY -
IN -FACT for BUMBLE OIL & REFINING COMPANY, for the purposes and
consideration therein expressed, in the capacity therein stated
and as the act and deed of said HUMBLE OIL & REFINING COMPANY.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the
day of A. D. 1963.
I
Notary Public in and for
Nueces County, Texas
i
! -¢-
I
CORPUS CHRISTI, TEXAS
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
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 INTRO-
DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
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 FOLL ING VOTE:
JAMES L. BARNARD
JAMES H. YOUNG
JACK R. BLACKMON
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS
W. H. WALLACE, JR. _