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HomeMy WebLinkAbout08499 ORD - 06/14/1967Is AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A REVOCABLE EASEMENT TO CROSS UNDER LAGUNA SHORES ROAD IN THE FLOUR BLUFF COMMUNITY WITH FOUR 2 -INCH PIPELINES FOR THE TRANSPORTATION OF OIL AND/OR OTHER HYDROCARBONS, PROVIDING THE TERMS OF SUCH EASEMENT, A CORY 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 HUMBLE OIL & REFINING COMPANY A REVOCABLE EASEMENT TO CROSS UNDER LAGUNA SHORES ROAD WITH FOUR 2 -INCH PIPELINES FOR THE TRANSPORTATION OF OIL AND/OR OTHER HYDROCARBONS TO BE PLACED IN ONE 14 -INCH STEEL CONDUIT, 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 LAGUNA SHORES ROAD IN CONNECTION WITH THE HUMBLE OIL & REFINING COMPANY OPERATIONS CREATES A PUBLIC EMERGENCY AND AN IMPERA- TIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUC- TION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR-HAVING DECLARED THAT SUCH PUBLIC 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 SO ORDAINED, THIS THEA&DAY OF JUNE, 1967. ATTEST• CITY ECR TAR A� MA OR THE CITY OF CORPUS CHRISTI, TEXAS IS APPROVED AS 0 LEGAL FORM TH DAY OF JUNE, 1967: CITY ATTbKNEY :i ww } 1 i SBB:mk 6/9/67 #51435 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 Hundred Dollars ($100.00) 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 ack- nowledged 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 four (4) two inch (2 ") pipelines for the transportation of oil and /or other hydrocarbons to be placed in one (1) fourteen inch (14 ") steel conduit in order to cross under. Laguna Shores Road upon the following described property located in Corpus Christi, Nueces County, Texas, to -wit: Upon a strip of land the centerline.of which begins in the eastern boundary of Laguna Shores Road, Corpus Christi, Texas, at a point.276 feet north of the extension of the centerline of Graham Road, said crossing also located in Lot 7, Block 55, Flour Bluff and Encinal Farm and Garden Tracts, a subdivision now in the City of Corpus Christi, Texas, said strip being 10 feet wide and 68 feet long, and being that portion of the right of way crossing Laguna Shores Road at the point above described the full width of right of way to the western boundary thereof. 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 strip of land for the purpose of constructing and maintaining the said pipelines for transportation of oil and /or other hydrocarbons on said strip of land, and it is further understood that the fore- going easement and right is granted upon the following conditions: (a) It is understood and agreed that the right and ease- ment 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 pipelines, or the operation, maintenance or existence thereof_ (c) Grantee will repair or cause to be repaired any damage to any street, storm sewer, drainage facility, City water lines, or gas lines, and any City sewers by reason of the construction of said pipelines 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 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 requirements of such office as to engineering specifications as follows: (1) Four (4) two inch (2 ") pipelines in one (1) fourteen inch (1411) welded steel conduit - full width of right of way at crossing (681). (2) Line to be laid by boring under right of way. (3) Grantee to adjust or relocate pipelines, if necessary, for construction of public utilities or other facilities. (4) Markers of line to be furnished and maintained at each side of Laguna Shores Road by Grantee. -2- . 4 IN TESTIMONY WHEREOF, the City of Corpus Christi, Texas has caused these presents to be executed this day of 1967. CITY OF CORPUS CHRISTI, TEXAS By City Manager APPROVED AS TO LEGAL FORM: City Attorney Date ATTEST: City Secretary -3- THE STATE OF TEXAS X COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day personally 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 considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of A. D., 1967. Notary Public in and for Nueces County, Texas. The above grant and easement is hereby accepted this the day of , 1967, 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 FORM By APPROVED_ -_- Agent and Attorney -in -Fact THE STATE OF TEXAS X COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, as Agent and Attorney -in -Fact for HUI4BLE OIL & REFINING COMPANY, and acknowledged to me that he executed the same 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., 1967. Notary Public in and for Nueces County, Texas. i ao O' PLAN 5c4l--:I 1000' P-4 ca I -- _, 2 he ho.-edjrom1?o.A1 Velli' 46cye ground line io R. O. W line r', Possible At 7't 0,1 C�sinq APPROVEE)JO;7/,�—,/ TYPICAL PROFILE: .... . .. ... 0 .. .- C ......... ... -Christi 7—R-07c;.7E0-2, —2' OIL —LiNIES-- 2 AND , 2" HUMBLE OIL a RrFIXING COMPANY BLANK STUBS CROSSING LAGUNA SHORES SOUTHWEST REGION ROAD. PRODUCTION DEPARTMENT FLOUR BLUFF FIELD NUECES CO., TF-'AA.5 CORPUS CHRISTI, -I-EYAS Mf.VTa_ ALI, A5 LC RO. LY-7'n L - 71' 6P - Al?l.oV7o FOnM P•10Q— R=WAY U.. I. -H (A.]zq R1 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS DAY OF FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE. OF THE 'FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR TFiE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SI:ALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE ORS RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MA Off THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNI E SI ZEMORE V. A. "DICK" BRADLEY, JR. J. A. "JACK" GRANT P. JIMENEZ, JR., M.D. - GABE LOZANO, SR. KEN MCDANIEL THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWINC VOTE: JACK R. BLACKMON�L_ RONNIE SIZEMORE nA V. A. "DICK" BRADLEY, JR. J. A. "JACK" GRANT t P. JIMENEZ, JR., M. D. GABE LOZANO, SR. j3' KEN 61CDANI EL