Loading...
HomeMy WebLinkAbout08828 ORD - 04/03/1968JKH:4-3 -6b e • AN ORDINANCE GRANTING A REVOCABLE EASEMENT AND AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A REVOCABLE EASEMENT TO NUECES INDUSTRIAL GAS COMPANY, A CORPORA- TION, HAVING ITS OFFICE IN NUECES COUNTY, TEXAS, TO CROSS UPRIVER ROAD APPROXIMATELY 880 FEET SOUTHEAST OF CANTWELL LANE, WITH A 6 -5/8" PIPE LINE, AS MORE FULLY SET OUT IN THE REVOCABLE EASEMENT ATTACHED HERETO AND MADE A PART HEREOF, UPON THE PAYMENT OF THE FEE PROVIDED THEREIN; 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 NUECES INDUSTRIAL GAS COMPANY A REVOCABLE EASEMENT TO CROSS UNDER UPRIVER ROAD APPROXIMATELY 880 FEET SOUTHEAST OF CANTWELL LANE BY a DIGGING A TRENCH ACROSS THE ROAD AND INSTALLING ONE 6 -5/8" PIPE LINE THROUGH A CASING FOR USE IN CONNECTION WITH NUECES INDUSTRIAL GAS COMPANY'S OPERATIONS IN THE VICINITY, 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 UPRIVER ROAD IN CONNECTION WITH NUECES INDUSTRIAL GAS COMPANY'S OPERATIONS IN THE VICINITY 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 THAT SUCH EMERGENCY AND NECESSITY EXIST, 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 THE_�j DAY OF APRIL, 1968. F ATT ' CITY SECRE A Y // ! THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: DAY OF BRIL, 1968: �. CITY ATTOR •Y �jS28 1 i THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES THAT THE CITY OF CORPUS CHRISTI, TEXAS, ACTING BY AND THROUGH ITS DULY AUTHORIZED CITY MANAGER, R. MAIRVIN TOWNSEND, FOR AND IN CONSIDERA- TION OF THE SUM OF ONE HUNDRED DOLLARS `$100 TO IT IN HAND PAID BY NUECES INDUSTRIAL GAS COMPANY, HAVING AN OFFICE AND PLACE OF BUSINESS 'NCORPUS CHRISTI, NUECES COUN`IY, TEXAS, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED AND CONFESSED, HAS GRANTED, SOLD AND CONVEYED, AND BY THESE PEy SENTS DOES GRANT, SELL AND CONVEY, UPON THE CONDITIONS_ HEREINAFTER STATED, UNTO THE SAID NUECES INDUSTRIAL GAS COMPANY THE RIGHT TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE ONE &5 /8n O.D. GAS PIPELINE ENCASED IN A CONDUIT FOR THE TRANSPORTATIDN OF GAS 10 ORDER TO CROSS UNDER UPRIVER ROAD, APPROXIMATELY,© FEET SOUTHEAST OF CANTWELL LANE. TO HAVE AND TO HOLD THE SAME UNTO THE SAID NUECES INDUSTRIAL GAS COMPANY, ITS ADMINISTRATORS, 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 CONSTRUCTION AND MAINTENANCE OF SAID PIPELINE 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 9E REVOKED AT ANY TIME BY THE CITY OF CORPUS CHRISTI, TEXAS. (8) 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 STREET, STORM SEWER, DRAINAGE FACILITY, CITY WATER LINES, OR GAS LINES, AND ANY CITY SEVERS BY REASON OF THE CONSTRUCTION OF SAID 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 BEEN FILED IN THE OFFICE OF THE CITY DIRECTOR OF PUBLIC WORKS SHOWING ALL DETAILS OF IN- STALLATION AND CONSTRUCTION, INCLUDING DEPTH OF INSTALLATION PROPOSED TO CONFORM AND COMPLY WITH CITY REQUIREMENTS OF SUCH OFFICE AS TO ENGINEERING SPECIFICATIONS AS FOLLOWS: (1) INSTALL ONE &5/8" O.D. GAS PIPELINE THROUGH A CONDUIT. (2) LINE TO BE LAID BY DIGGING TRENCH ACROSS UPRIVER ROAD. (3) GRANTEE TO ADJUST OR RELOCATE PIPELINE, IF NECESSARY, FOR CONSTRUCTION OF PUBLIC UTILITIES OR OTHER FACILITIES. (4) MARKERS OF LINE TO BE FURNISHED AND MAINTAINED AT EACH 91DE OF UPRIVER ROAD, BY GRANTEE. IN TESTIMONY WHEREOF, THE CITY OF CORPUS CHRISTI, TEXAS, HAS CAUSED THESE PRESENTS TO BE EXECUTED THI$ THE DAY OF APRIL, 1 . ATTESTt CITY OF CORPUS CIiRISTF, TEXAS BY CITY SECRETARY R. RVIN TOWNSEND CITY MANGER APPROVED: DAY OF APRIL, 1968: CITY ATTORNEY 171E STATE OF TEXAS COUIM OF NUECES 4 BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED R. MARVIN TOW4SEND, KNOWN TO ME TO BE THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, AND THE. SAME PERSON WHO SIGNED THE FORE- GOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME AS THE ACT OF THE CITY or CORPUS CHRISTI, TEXAS, AND AS CITY MANAGER THEREOF FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED. GIVEN UNDER MY HAND AND SEAL OF OFFICE,IH13 THE DAY OF APRIL, 1960. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS THE ABOVE GRANT AND EASEMENT IS HEREBY ACCEPTED THIS THE DAY OF APRIL, 1.��p+, DY NUECES INDUSTRIAL GAS COMPANY, AND SAID NUECES 6z INDUSTRIAL GAS COMPANY AGREES TO KEEP AND PERFORM THE CONDITIONS IMPOSED BY SAID GRANT AND EASEMENT AND THAT IT 19 BOUND BY ALL OF THE TERMS OF THE SAME. NUECES INDUSTRIAL GAS COMPANY ATTEST. BY SECRETARY THE STATE OF TEXAS r COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY] ON THIS DAY PERSONALLY APPEARED OF NUECES INDUSTRIAL GAS CO PANYp KNOWN TO ME TO BE THE OFFICER WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF APRIL, A.D., 10. NOTARY PUBLIC IN AND FOR NUECES COUNTY, x A 5 K in 7 Y:3 r C D, rb Nul 3 Q' Sou�hcrn Mineral-, < 22 INS A PLAN A P�OVED u Scale: I T.X I V"7 n �j gtn or ./e, ib Cf i 3!, -orpus Christ! Ven U, i Z ks Ilk ZQf 3'- 0 - M//7. Cover --I —80M Enos sealed PRO"-11-z sca/e.. None �-n __69- ? "7 C,-- PRO'ECT .0 '13 .0 r) I O4 AWM C.EC.ED APPRovio SCALE By 92 DATE No-r-ed CORPUS /// S CHRISTI TEXAS � ABA- OF j l9 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCEDj AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, 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, YOR J THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDvD BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY JR. P. JIMENEZ, JR.� M.D. _ GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS _ THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. 901 P_ KEN MCDANIEL W. J. "WRANGLER" ROBERTS Q s�„