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HomeMy WebLinkAbout08847 ORD - 04/24/1968vmp:4/22/68 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 SOUTHERN PIPE LINE CORPORATION, A CORPORATION HAVING ITS OFFICE IN NUECES COUNTY, TEXAS, TO PLACE A 6 -5/8" GAS PIPELINE WITHIN THE RIGHT OF WAY, AND ADJACENT TO THE WEST BOUNDARY LINE, OF STILLWELL LANE EXTENDING FROM HUNTER LANE NORTH- WARD APPROXIMATELY 1600 FEET TO A CONNECTION WITH AN EXISTING GAS LINE OF SAID SOUTHERN PIPE LINE CORPORA- TION, 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, SECTION 1. That the City Manager is hereby authorized to execute and deliver to Southern Pipe Line Corporation, a corporation having its office in Nueces County, Texas, a revocable easement to place a 6 -5/8" gas pipeline within the right of way, and adjacent to the West boundary line, of Stillwell Lane, extending from Hunter Lane Northward approximately 1600 feet to a connection with an existing gas line of said Southern Pipe Line Corporation, as more fully set out in the Revocable Easement attached hereto and made a part hereof, upon the payment of the fee provided therein. SECTION 2. The necessity for commencement of construction of the aforesaid 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 declared that such public emergency and imperative public 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 SSO- ORDAINED, this the C `�' day of April, 1968. I- A4' / THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: v A_�__DAY OF APRIL, 1968: City Attorney�i 9 r 0JW:4/E2/68 REVOCABLE EASEMENT TFE STATE OF TEXAS COUNTY OF NUECES KNOW ALL MEN 8Y TtESE PRESENTS: [ THAT THE CITY OF CORPUS CHRISTI, TExASp ACTING BY AND THROUGH ITS AUTHORIZED CITY MANAGER, ft. MARVIN TOWNSEND, FOR AND IN CONSIDERATIUN OF THE SUM Or ONE HUNDRED 0044AAS ($100.00 )# TO IT IN HAND PAID BY SOUTHERN PIPE LINE CORPORATION, A TEXAS CORPORATION# ORGANIZES, EXISTING AND GOING BUSINESS UNDER THE LAWS OF THE STATE OF TEXAS, AND HAVING AN OFFICE AND PLACE OF BUSINESS IN CORPUS Comm, NUECEO COUNTY, TERASp HEREINAFTERREFI:RRED TO AS "GPMTEE", THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED AND CONFESSEDp HAS GRANTED, SOLD AND CONVEYED, AND BY THESE PRESENTS DOES GRANT, SELL AND CONVEY UPON. THE CONDITIONS BERE1NAFTCR STATED UNTO TI►E SOUTHERN PIPE LINE CORPORATION, THE RIGHT TO LAY,.CONSTRUCTp OPERATE, MAINTAIN, REPAIR AND REMOVE ONE 6 -5/8" GAS PIPELINE WITHIN THE RIGHT Or Warp AND ADJACENT TO THE WEST BOUNDARY LIN£, OF STILLWELL LANE, EXTENDING FROM HUNTER LANE NORTHWARD APPROXIMATELY 1600 FEET TO A CONNECTION WITH AN EXISTING GAS LINE OF SAID SOUTHERN PIPE LINE CORPORATION, ALL AS MORE FULLY SET OUT, OR SUBSTANTIALLY IN COMPLIANCE WITH THE PLATS OR DRAWINGS ATTACHED HERETO AND MADE A PART HEREOF FOR MORE COMPLETE DESCRIPTION. TO HAVE AND TO HOLM THE SAME UNTO THE SAID SOUTHERN PIPE LINE CORPORATION, ITS SUCCESSORS AND ASSIGNS, TOGETHER WITH THE RIGHT AND PRI- VILEGE UNDER THE CONDITIONS AND TERMS HEREOF, AT ANY TIME AND ALL TIMES TO ENTER UPON THE ABOVE PARCEL OR TRACT OF LAND FOR THE PURPOSE OF CONSTRUC- TING AND MAINTAINING THE SAID PIPELINE FOR THE TRANSMISSION OF FUEL OAS UNDER SAID STREET RIGHT OF WAY, AND IT IS FURTHER UNDERSTOOD THAT THE FORE - GOING EASEMENT AND RIGHT 13 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, TEXASI AND GRANTEE MAY BE REOUI,REO TO REMOVE ITS PIPELINE UPON THIRTY (30), DAYS NOTICE IN WRITING. • (D) GRANTEE WILL SAVE AND KEEP HARMLESS THE 'CITY OF CORPUS CHRIST#, TEXAS, FRO14 ANY AND ALL CLAIMS FOR LIABILITY BY REASON OF THE CONSTRUCTION OF SAID PIPELINE, OR THE OPERATION, MAINTENANCE OR EXISTENCE. THEREOF. (C) GRANTEE WILL REPAIR OR CAUSE TO BE REPAIRED ANY DAMAGE TO ANY UNDERGROUND LINES, WIRES OR PIPES OWNED BY THE CITY OF CORPUS CHRISTI, OR HOLDERS OF ANY FRANCHISE FROM TOE CITY, IF SAID DAMAGE RESULTS BY REASON OF THE CONSTRUCTION OF SAID PIPELINE OR THE OPERATION OR MAINTENANCE THEREOF. GRANTEE WILL APPLY TO TIIE DIRECTOR OF PUBLIC WORKS FOR A PERMIT BEFORE D13- TURDING ANY PART OF ANY STREET OR SIDEWALK AREA AND PERFORM THE WORK IN ACCORDANCE WITH TOE'PER141T AND ALL CITY ORDINANCES APPLICABLE. ALL RIGHTS GRANTED HEREBY -SHALL BE SUBORDINATE TO ALL USES BY THE CITY AND SHALL, UPON NOTICE 8Y THE CITY, CONFORM TO SUCH OTHER USES AS THE CITY MAY MAKE OF SUCH STREET FOR PUBLIC PURPOSES. {E) GRANTEE WILL CAUSE THE PIPELINE TO BE COVERED WITH 30 INCHES OR MORE OF EARTH COVER. (F) GRANTEE WILL ERECT MARKERS AT ALL POINTS WHERE SUCH PIPELINE ENTERS OR LEAVES A STREET. SUCH MARKERS SHALL DE OF IRON AND PLACED AT THE EDGE OF THE PUBLIC RIGHT- OF WAY. (C) GRANTEE WILL ADJUST OR RELOCATE THE ABOVE DESCRIBED PIPELINE, IF NECESSARY, FOR THE C0149TRUCTION OF ANY PUBLIC UTILITIES OR RAILROAD TRACKS OR CHANGE IN STREET GRADE OR PATTERNS ON THE STREETS OR FOR ANY OTHER REASON OF tTHE CITY STATED IN WRITING TO GRANTEE, AT THE POINTS ABOVE DESCRIBED. -FH' GRANTEE IS EXPRESSLY PROHIBITED FROM THE SALE AND DiSTRIOU- TIOPt OF NATURAL GAS TO CONSUMERS, WHETHER INDUSTRIAL, COMMERCIAL OR RESI- DENTIAL, WITHIN THE CORPORATE L114ITS OF THE CITY OF CORPUS CHRISTI._ IN WMIESS VXREOr, THE CITY OF CORPUS CHRISTI, TEXAS, HAS CAUSED THESE PRESENTS TO BE EXECUTED THIS THE DAY OF APRIL, 1968. ATTEST: CITY SECRETARY APPROVED: DAY OF APRIL, 1968: CITY ATTORNEY CITY OF CORPUS QiRISTI DY R. MARV I N TOWNSEND �.ITY MANAGER LLI rT 7 d J J � J- I N! - 31 JI J ►. I b I it I /"R- -se,VT ro ° I I ' SlJNT /O L' I I I Q tl W Q I I 2 -1.0R0P0. 0D 6 �G4,f prre`saNT Co" lgta! , -G.fd [iN/g TO -LINE EXT /NS /0A/ - CORPUS GH?/ST/ _ O tl G !/r /CNArzC KIA,16 [/A/I? f/UNT62 _4AIJ0 ' DATE Or REVISIONS 1 SOUTHERN PIPELINE CORPORATION ?�SaA/T PIM0ZIMI_< ENGINEERING DEPARTMENT CORPUS CHRISTI. TEXAS /�/zo�Os'r -D rX7c- I1SIn. ! Tv v,Ls' G;•v= TO • Suv7 //.7� � ,SDA/l /GD G.dS �'- POCE_f4 /�Vrs Pl-A/.l7- rl7`/ C;= CD•cF'US C %: '.ti ll, 9 DR. CH. DATE SCALE APPO- ►ILA NO. 5 -ISO THE STATE of TEXAS ; COUNTY OF NUEMS BEFORE K, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED R. WRVIN TWNSEND, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, KNOWN TO ME TO 131E THE PERSON AND OFFICER WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND - ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME AS THE ACT AND OECD OF SAID - CITY -OF CORPUS CHRISTI FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN WMR MY HAND AND SEAL OF OFFICE, THIS THE DAY OF APRIL, 10. NOTARY_ PUBLIC -IN AND FOR NUECEB COUTA`Y, TEXAS THE ABOVE GRANT AND C&SEMENT IS HEREBY ACCEPTED THI$ THE DAY OF _ - 1 1968, BY SOUTHERN PIPE LINE CORPORATION, AND SAID CORPORATION AGREES TO KEEP AND PERFORM THE CONDITIONS IMPOSED BY - SA.ID - GRANT AND EASEMENT AND THAT IT IS BOUND BY ALL OF THE TERNS OF THE SAME. ATTESTS SOUTHERN PIPE LINE CORPORATION BY SECRETARY THE STATE OF TEXAS j COUNTY OF NIECES BEFORE NE, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED - - - FOR SOUTHERN PIPE LINE CORPORATION, KNOWN TO ME TO DE THE PERSON AND OFFICER WHOSE MANE 19 SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT THE SAME WAS THE ACT -OF THE SAID SOUTHERN PIPE LINE CORPORATION, A CQRPORATION,.AND THAT HE EXECUTED THE3AME AS THE ACT 00 SUCH CORPORATION FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAT, OF OFFICE, THIS THE DAY OF ig68. ROTARY PUBLIC IN AND FOR NIECES MUNTY, TEXAS TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS DAY OF ,9Ld 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 INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCILS 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, V YOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED 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 FOLLO NG VOTE7 JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. rk P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL AL W. J. "WRANGLER" ROBERTS