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Home My WebLink About07704 ORD - 09/01/1965• IMS:JKH:8 -31 -65 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OPCORPUS CHRISTI, TO EXECUTE A REVOCABLE EASEMENT TO COASTAL STATES GAS PRODUCING COMPANY TO PLACE A 2" PIPE LINE IN SAVAGE LANE, WITHIN STREET RIGHT OF WAY, MORE FULLY DESCRIBED HEREINAFTER; 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 COASTAL STATES GAS PRODUCING COMPANY A REVOCABLE EASEMENT TO PLACE A 2" I.D. PIPELINE WITHIN CITY STREET RIGHT OF WAY AT THE FOLLOWING LOCATION: BEGINNING AT A POINT IN THE WEST RIGHT OF WAY LINE OF NAVIGATION BOULEVARD SAID POINT BEING 1175 FEET SOUTH ALONG SAID LINE FROM THE SOUTH RIGHT OF WAY OF INTER- STATE HIGHWAY 37; THENCE EASTERLY AND FIVE FEET INSIDE THE NORTH RIGHT OF WAY LINE OF SAVAGE LANE A DISTANCE OF 1080 FEET AND ACROSS SAVAGE LANE TO A POINT OF ANGLE TO THE LEFT; THENCE NORTHERLY AND FIVE FEET INSIDE THE EAST RIGHT OF WAY LINE OF SAVAGE LANE A DISTANCE OF 680 FEET TO A POINT OF ANGLE TO THE RIGHT; THENCE EASTERLY A DISTANCE OF FIVE FEET TO A POINT IN THE EAST RIGHT OF WAY LINE OF SAID STREET, SAID POINT BEING 280 FEET SOUTH ALONG SAID LINE FROM THE SOUTH RIGHT OF WAY LINE OF INt RSTATE HIGHWAY 37, .A COPY OF SAID REVOCABLEEASEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF UPON PAYMENT OF THE FEE PROVIDED THEREIN. SECTION 2. THE NECESSITY FOR COMMENCEMENT OF CONSTRUCTION OF THE PIPELINE AT THE LOCATION ABOVE 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 COUNCIL, AND THE MAYOR HAVING 7704 04 `g.' • di DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, H VING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFF T FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE ( DAY OF SEPTEMBER, 1965. ATTEST: MAYO(' t21-el eL ate_ CITY SECRETARY /.c � / THE CITY OF CORPUS CHRISTI, TEXAS V APPROVED AS TO LEGAL FORM THIS / DAY OF SEPTEMBER, 1965;' CITY ATTORNEY' U IMS;JKH:8g31,166 REVOCABLE EASEMENT THE STATE OF TEXAS i KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES } . THAT THE -CITY.. OF CORPUS CHRISTI, TEXAS, ACTING 'BY AND THROUGH .ITS DULY AUTHORIZED CITY MANAGERS HERBERT W. WHLTNEY) FOR AND IN CONSIDERA TION OF THE SUM OF t: DOLLARS'' (# ) TO IT IN HAND PAID. SY COASTAL STATES GAS PRODUCING 'COMPANY, • :A TEAS CORPORATION, ORGANIZED? EXISTING AND DOING 'BUSINESS ,UNDER THE LAWS OF THE STATE' OF TEXAS; AND HAVING AH OFFICE ' AND PLACE OF BUSINESS IN ? - CORPUS CHRISTI,'NUECES COUNTY,'TEXAS, THE, RECEIPT' OF WHICH IS HEREBY ACKNOWL- COOED AND CONFESSED; HAS GRANTED? SOLD AND CONVEYED, AND DY "THESE PRESENTS . :ODES. GRANT? SELL AND CONVEY, THE CONDITIONS HEREINAFTER. STATED, UNTO THE SAID COASTAL STATES GAS. PRODUCING- COMPANY THE 'RIGHT -TG L1AYj'CONSTRU0-j.'' OPERATE; MAINTAIN? REPAIR AND REMOVE ONE 2 +INCH I.,d. PRODUCTS PIPELINE WITHIN THE CITY STREET RIGHT,OF WAY AT THE FOLLoWING- LOCAT10N2 BEGINNING. AT A POINT IN THE WEST RIGHT OF WAY LINE or NAVIGATION BOULEVARD SAID POINT DEING.1175'FEET SOUTH ALONG SAtO LINE FROM THE SOUTH RIGHT 4F WAY OF INTER., STATE HIGHWAY 373 THENCE EASTERLY AND FIVE FEET INSIDE THE NORTH RtGHT OF WAY LINE OF SAVAGE. LANE A DISTANCE GF 1080 FEET "AND' ACROSS SAVAGE ,LANE TO. A POINT OF ANGLE TO THE LEFT; THENCE NORTHERLY AND FIVE FEET INSIDE THE EAST RIGHT ` Or WAY LINE OF SAVAGE LANE A DISTANCE OF '680 FEET TO 'A, POINT Of ANGLE TO THE RIGHT; THENCE FASTERLY A DISTANCE OF FIVE FEET TO A . POINT I N THE EAST RIGHT OF WAY LINE OF SAID STREET? SAID POINT BEING 280 FEET SOUTH ALONG SAA,D LINE FROM THE'SOUTN RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 37, - SAIO.'PIPELINE TO SE ,LOCATED .IN SUSSTANT,IAL'COMPLIANCE WIVH THE .PLAT ATTACHED" HERETO AIID MADE A PART HEREOF.FOR.MORE- COMPLETE DESCRIPTION. TO'HAVE AND TO HOLD THE SAME UNTO THE SAID COASTAL STATES GAS PRODUCING COMPANY; ITS SUCCESSORS-AHD. ASSIGNS, TOGETHER WITH THE,RIGHt, AND PRIVILEGE UNDER THE CONDIT:ONO AND TERMS HEREOF; AT ANY TIME' AND ALL TINES' TO ENTER UPONTHE ABOVE PAPICEL OR TRACT.OF LAHD FOR THE PURPOSE OF CONSTRUCTINGVAND MAINTAINING THE SAID PIPELINE-FOR rj1AN5PgRTATION OP PETROLEUM:' PRODUCTS .UNDER SAID. STREET-RlGHT Of WAY, AND IT IS I'&RTHER 'UNDERSTOOb THAT �I THE FOREGOING EASEMENT AND RIGHT -15 GRANTED UPON THE FOLLOWING'CONDIT10NS5 -} (A) IT :18 UNDERSTOOD :AND' AGREED THAT THE RIGHT`AND EASEMENT. -.- __ HEREIN GRANTED' MAY'BE REVOKED AT ANY TIME BY THE CITY OF CORPUS CHRISTI] 'TEXAS, AND GRANTEE MAY BE REQUIRED TO. REMOVE ITS PIPELPNE UPON THIRTY (30) DAYS NOTI,GE' INWRITING. - GRANTEE WILL`SAVE AND KEEP.•HARMLESS THE CITY Or CORPUS CHRISTI, TEXAS, FROM. ANY AND ALL CLAIMS FAIL LIABILITY BY REASON -.OF THE CONSTRUCTION OF SAID.PIPELINE, OR THE OPERATION; MAINTENANCE OR EXISTENCE. THEREOF. :(c) GRANTEE WILL REPAIR OR CkUBE T6 BE REPAIRED .ANY DAMAGE TO ANY UNDERGROUND LINES; WIRES OR PIPES OWNED BY THE CITY, OF CORPUS CHRISTI , IF SAID DAMAGE RESULTS BY REASON Of THE CONSTRUCTION OF SAID PIPELINE. OR THEN OPERATION.OR MAINTENANCE THEREOF... 'GRANTEE, WILL APPLY_ TO THE • DIRECTOR OF PUBLIC WORKS.FOR A PERMIT BEFORE'_ DISTURBING ANY PART OF ANY ' STREET OR SIDEWALK AREA AND PERFORMTHE WORKIN ACCORDANCE 'WITH THE' PERMIT AND ALL .• CITY° ORDINANCES APP4CABLE.. _ (D)- ALL_ RIGHTS GRANTCD'HEREBYSHALL BE, SU90RDINATE TO ALL USES BY THE CITY AND SHALL, UOOH NOTICE BY THE CITY;, CONFORM TO SUCH OTHER USES t j , AS THE CITY MAY MAKE OF SUCH STREET FOR PUBLIC PURPOSES.., (E)` GRANTEE WILL CAUSE THEBPIPELINE-T0.04 COVERED( WITH 30 INCHES, OR MORE OF ,EARTH COVER.- (F) GRANTEE WILL ERECT RARRER$ ON BOTH SIDES OF STREETS WHgRE. PIPELINE CROSSES A STREET AND ALSO AT ALL POINTS WHERE SUCH PIPELINE ENTERS OR LEAVES A STREET. SUCH MARKER SHALL BE OF IRON AND PLACED AT THE EDGE OF THE PUBLIC RIGHT. OF WAY. �C) GRANTEE' WILL ADJUST OR RELOCATE THE ABOVE DESCRIBED PIPEI:INEA IF NECESSARY.; FOR THE" CONSTRUCTION OF ANY, PUBLIC- UTILITIES OR RAILROAD .TRACKS 0R CHANGE IN STREET GRADE OR PATTERNS OH THE STREETS AT'THE POINTS ABOYEEESCRIBED. IN "WITNESS WHEREOF; •THE CLTYOF CORPUS CHRISTI, TEXAS,. HAS 'CAUSED THESESPRESENTB Td BE. EXECUTED THIS THE DAY OF SEPTEMBER. 1965... ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM THIS DAY OF SEPTEMBER, .'19651.. CITY ATTORNEY CITY'OF CORPUS CREAM, • HERBERT W,.WHITNEY 'CITY MANAGER STATE OF TEXAS t M , OF, NUECES FORE ME, THE UNDERSIGNED AUTHORITY, ON T._.. CITY MANAGER OF THE CI APPEARED HERB TEXAS, .A THIS OAT PERSONALLY TY OP CORPUS CHRISTI, MUNICIPAL;CORPORATkO$,, KHOWN,TO;ME; TO BC THE PERSON AND0 WHOSE NAME IS SUB¢CR10ED TO TH ,FORE,GOIN¢ INSTRUMENT) AND.ACKNOWLEDGEO TO ME THAT HE,EXECUTE4•'THE SAME AS THE ACT:ANDDEED OF SAID CITY Of, CQRPUS CHRISTI FOR THE PURPOSES AND. OONSIOERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. .. ' GIVEN UNDER MY'3AO AND 'SEA. 00: OFF. . ICE'TKIS THE OJY OF SEPTEMBER, 1965 NOTARY PUBLIC 'NANO FOR NUECES COUNTY, TEXAS THE ABOVE GRANT AND EASEMENT IS_,HEREDY ACCEPTED THIS THE DAY OF SEPTEMBER, 1965s BY COASTAL STATES GAS PRODUCING COMPANY, AND SAID GQRPORATION AGREES TO KEEP AND PERFORM THE CONDITIONS IMPOSEP BY SAID - GRANT AND EASEMENT AND TIIAT IT IS. BONO BY ALL or THE TERMS OF THE SAME. • COASTAL STATES GAS PRODUCING CC PANY BY THE STATE OF TEXAS COUNTY OF NUECES. • BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED KNOWN TO..NE-To DE THE PERSON AND OFFICER WHOSE NAME 13 SUBSCRIBED TO THE FOREGOING.INSTRUMENT AND ACKNOWLEDGED,TO NE-1'0,T THE SAME WAS THE OF -TIIC SAID COASTAL STATES GAS PRODUCING dOMPANY, A CORPORATION, AND THAT HE EXECUTED THE SAMC AS THE ACT OF SUCH JoRpoRATIon FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREFM STATED. OF GIYEN'UND MY HAND AND SEAL OF OFFICE, TrnS THEE ,�,__ SEPTEMBER, 1965 NOTARY PUBLIC 1R AND FOR NUECES OUNTY, CORPUS CHRISTI, TEXAS DAY OF el �� / T9 Li 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 15 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, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON ✓ PATRICK J. DUNNE DR. P. JIMENEZ, JR. (J/ KEN MCDANIEL RONNIE SIZEMORE V WM. H. WALLACE THE ABOVE ORDINANCE WAS PASSED BY THE' FOLLOWING VOTE: DR. MCIVER FURMAN ✓ JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE t; WM. H. WALLACE COAST ALP STATES NGAS PRODUCING COMPANY