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Home My WebLink About07340 ORD - 08/26/1964AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A REVOCABLE EASEMENT TO SOUTHWESTERN OIL AND REFINING COMPANY TO PLACE A 2" GAS LINE ACROSS INTERSTATE HIGHWAY 37, AT A POINT ON THE JOHN WENNING AND DON BARTON TRACT EAST OF CLARKWOOD BETWEEN SHELL ROAD AND HIGHWAY 9, APPROXIMATELY 1100 FEET EAST OF CLARKWOOD ROAD; 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 COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE AND DELIVER TO SOUTHWESTERN OIL AND REFINING COMPANY A REVOCABLE EASEMENT TO PLACE A 2" GAS LINE ACROSS INTERSTATE HIGHWAY 37, AT A POINT ON THE JOHN WENNING AND DON BARTON TRACT EAST OF CLARKWOOD BETWEEN SHELL ROAD AND HIGHWAY 9, APPROXIMATELY 1100 FEET EAST OF CLARKWOOD ROAD, AS SHOWN ON THE ATTACHED EASEMENT. SECTION 2. THE NECESSITY FOR COMMENCEMENT OF CONSTRUCTION OF THE GAS LINE ACROSS INTERSTATE HIGHWAY 37 AT THE POINT ABOVE DESIGNATED 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 COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDI- NANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE_ZZ DAY OF 1964. ATTEST: / /�i _ xg .v? \ YOR ITY SECRETARY THE CITY OF CORPUS CHRISTI, TEXAS 'PROVED AS TO GAL FO THIS �DAY,QF AUGUST, 1964: r" '/ .i ITY TTO NEY 7340 REVOCABLE EASEMENT THE STATE OF TEXAS } " KN W ALL MEN 'BY, THESE PRESENTSi COUNTY OF NUECES } < THAT.THE CITY OF CORPUS CHRISTI, TEXAS,, ACTING BY AND 'THROUGH,'- - ITS bULY AUTNORIZEO Cj.TY•MANAGER, HERBERT _W, WHITNEY, FOR A14D IM CONS- ' SIDERATION OF THE SUM Or ONE DOLLAR - (41.00) TO IT IN HAND PAID BY SOUTH- WESTERN OIL AND REFINING COMPANY, A TEXAS CORPORATION, ORGANIZED EXISTING - ° AND 'DOING BUSINESS UNDER THE LAWS OF THE STATE.OF TEXAS, AND HAVING AN _ OFFICE AND PLACE OF BUSINESS IN CORPUS CHRIST1,,.NUECES COUNTY, TEXAS, THE ' RECEIPT Off' WHICH 18- 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 SAID SOUTHWESTERN OIL AND REFINING' ' COMPANY THE RIGHT�TO LAYj CONSTRUCT,.'OPERATE #.MAINTAIN, REPAIR AND REMOVE.'' '• , ONE -Pw GAS LINE ACROSS INTERSTATE HIGHWAY 37; AT A POINT ON THE JOHN . ,WENNINO AND DON BARTOt+ TRACT EAST OF CLARKWOOD BETWEEN SHELL ROAD AND 4- -HIGHWAY 9, APPROXINATgL°Y }'IQO FEET EAST OF CLARKWOOD ROAD, SAID PIPELINE , ., TO BE LOCATED IN SUBSTANTIAL COMPLIANCE MTH THE PLAT ATTACHEb HERETO AN6 - < ; MADE A. PART'HEREOF= FOR�MORE COMPLETE DESCRIPTION. TO• AVE AND TO HOLD THE SAME UNTO THE SAID SOUTHWESTEfN OIL' " y -AND REFINING COMPANY, ITS SUCCESSORS AND ASSIGNSr TOGETHER WITH THE RIGHT F ' ANO'PRIVILEGE�AT,ANY °TIME -AND ALL TIMES TO ENTER UPON THE ABOVE STRIP OF , aP LAND FOR,THE PURPOSE OF CONSTRUCTING AND MAINTAINING THE SAID PIPELINE FOR TRANSPORTATION OF GAS UNDER SAID-INTERSTATE HIGHWAY 37,, AND IT IS - FURTHER UNDERSTOOD THAT THE,FONEGOING EASEMENT AND RIGHT IS GRANTED UPON YHE FOLLOWING CONDITIONSi „ " (A)• IT IS UNDERSTOOD AND AGREED THAT THE RIGHT AND EASEMENT 'HEREIN GRANTED MAY BC ,REVOKED AT ANY TIME BY THE CITY OF CORPUS CHRISTI, - TEXAS, "AND GRANTEb,MAY.BE REQ0IREO_T0 REMOVE ITS GAS LINE UPON THIRTY (30) DAYS NOTICE IN WRITINA, (B) GRANTEE WILL SAVE AND KEEP HARMLESS.THE CITY OF CARPUS. ,CHRISTI, T);XAS, FROM ANY AND ALL CLAIMS FOR LIABILITY BY REASON OF THE CONSTRUCTION OF SAID OAS PIPELINES,.OR THE OPERATION, MAINTENANCE OR EXISTENCE THEREOF. (C) GRANTEE -JILL REPAIR OR 9AUSE TO BE� REPAIRED ANY DAMAGE TO ANY UNDERGROUND LINES OWNED BY THE CITY OF toRPUS- CHRISTI IF SAID OAMAGE RESyLTS MY REASON OF THE CONSTRUCTION, OF SAID GAS PIPELINE OR THE OPERA TION OR MAINTENANCEJHEREOF. - ., • _ a �`- - - X'- a` -, -='a. , • -- $i a .. - �0% ALL RIQHTS. GRANTED +,HEREBY SHALL BE SUBORDINATE TO A{L-USES ^Illy THE CITY AND SHALLp UPON NOTICE BY THE CITY) CONFORM TO SUCH-,OTHER USES - -A$ THEi ITY'WAY )JAKE' Of SUCH STREET +•FOR PUBLIC PVRP03ES.• "- rY (E) SAID EASEMENT.ALONG AND UNDER INTERSTATE fl!0HWAY 37 SHALL BE . _ SUBJECT TO,THE •APPROVAL OF THE STATE- HLGI14AY 'r PARTMENT AND ANY OTHER STATE LAW ORbREOULAT(QM IfWARDINA TjtE' #LACINQ Ot PIPA IN STATE HIGHWAv RIGHT OF, MAY' (f) , GRANTEE WILL ADJUST OR RELOCATE TILE ABOVE OESCRISEP PIPE - • LINE, IF NE;ESSARY) FOR THE CONSTRUCTION OR ANY PUBLIC UTILITIES DR, CHANGE IN STREET GRADE 09 PATTERN ON INTEIISTATI HIGHWAY �?'AT THE POINT ABOVE OESCRiSED'. - jN TESTIMONY WHEREOF THE CITY OF CORPUS CHRISTII, TEXAS) -.HAS CAUSED THESE PRESENTS TO At EXECUTED THIS,•tHE - DAY 6F AUGUST, - - I !CITY OF CORPUS CHRISTI) TtM ATTgsys BY ITY §ECRETARY - - HERBERT W. WHITNEY - - CITY ,MANAGER APPROVED AS t6, LEGAL FORM '11115 y..' DAY OF AUGUST). 1964: �• . ITY ATTOFINCY .. - TW, STATE •OF'• TEXAS COUNTY. OF NUECES ; BEFORE HE) THE- UNDtRSIG`NED AUTHORITY)•ON THIS DAY•,PtRSONALLY , APPEARED HERBERT W. WHITNEY) KNOWN-TO NE TA SE,T"ACITY }TANAGER OF THE OITY OF CORPUS CHRISTI, TEXA3, AND, THE SAME PERSON WHO 01014ED THE FORE+ - _ • -�' CQIRIG - INSTRUM[NT} AND ACKNOWLEDGED TO MY THAT Xg EkECUTM THE SAME At THE" - - -ACT OF THE CITY OF CORPU3,CHRI¢TI) TEXAS,$ AND A$ CITY-MANAOER THEREOF FOR - "• THE PURPOSES AMP COR5IP9RAT`IQNS THEREIN EXPRESSED- "GIVEN UNDER W HAND AND SEAL Of OFFICE, THIS NNE DAr OF 199, ' _ > - NOTAftY PUBLIC IN AND FOR NURES , ' - _ �'°•- '- '_"a -'� COU•NTYi TEXAS - - b THE ABOVE GRANT p AND EASEMENT IS HEREBY ACCEPTED THIS THE -DAY OF = - . 1964, BY SOUTHWESTERN OIL .AND- REF)MING COMPANY, AND -.SAID CORPORATDN AGREES TO KEEP AND PERFORM -THE CONDITIONS IMP09EO BY SAID .. GRANT AND EASEMENT AND THAT IT IS 0"60ND BY ALL OF THE -TERMS OT THE SAME. SOUTHWESTERN OIL AND REFINING COMPANY BY - AGENT AND ATTORNEY -INS -FACT THE STATE OF TEXAS COUNTY QF NUECCS 1 , BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPRARE6 KNOWN TO ME TO BE THE PERSON WHOSE NAME, IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AS AGENT AND.A?TORNEY- IN -eACT FOR SOUTHWESTERN OIL AND REFINING COMPANY. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE -DAY OF 1964., • - - - ' - NOTARY , UBL I C IN AN]?, FOR NUECES - '� . COUNTY, TEXAS SOUTIMMEM OIL & REFINING UMPANY P. 0. DRAI%TM 809 CORPUS CMISTI, TMkS Proposed 211 Gas Line Ciao—j 46WOL Z-/"C /A( Ptfm)- APPROVED.... AUG .. 2 0 .. 1964 . . City Engineer. City of Corpus Christi Z- C%5L-T(VpT'Fb FIELD Cvr- ri tfAr6D -..ma t- ppwrbsav fi-%ewr-4)F::-WAj ' J t CORPUS CHRISTI, TEXAS &DAY OF , 19 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 C� ,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 FOLLOWINGiVOTE> JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS ZIA W. H. WALLACE, JR.