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HomeMy WebLinkAbout08887 ORD - 05/29/19683- 5/29/68 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 APPROXIMATELY 3250 FEET OF 12 -3/4° O.D. WRAPPED STEEL PIPELINE WITHIN THE RIGHT OF WAY, AND ADJACENT TO THE WEST BOUNDARY LINE, OF CLARKWOOD ROAD, 400 FEET OF WHICH WILL BE CASED FOR THE CROSSING OF I.H. 37.,;AND A PERMIT FOR A 300 -FOOT CROSSING OF LEOPARD STREET AT THE SOUTH END OF THE ABOVE 3250 FOOT SECTION OF LINE, AS MORE FULLY SET OUT IN THE REVOCABLE EASEMENT ATTACHED HERETO AND MADE A PART HEREOF, UPON TH&,PAYMIENT OF THE FEE PROVIDED THEREIN; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE Ty OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGE IS HEREB THORIZED TO EXECUTE AND DELIVER TO SOUTHERN PIPE LINE ORPORATI , A CORPORATION HAVING ITS OFFICE IN`NUECES COUNTY, TEXAS, A 4EVkABLE EASEMENT TO PLAC APPROXIMATELY 3250 FEET OF 12 -3/4° O.D. WRAPP ' TEEL PIPELINE WITHIN THE RIGHT OF WAY, AND ADJACENT TO THE WE 0 NDARY LINE, OF CLARKWOOD ROAD 400 FEET OF WHICH WILL BE CASED FO T E OSSING OF I.H. 37, AND LSOCPERMIT FOR A 300 -FOOT CRO ING 0 OP RD STREET AT THE SOUTH D OF E B VE 3 50 -FOOT SECTION OF L E, AS MORE FULLY SET OUT N THE RE CABLE ASEMENT ATTAC ED HERETO AND M DE A PART HEREOF, UPON T PAYMENT OF THE FEE PROVIDED T EREIN. SECTION 2. THE NECE Y OR COMMEN MENT OF CONSTR CTI0 THE AFORESAID PIPEJDNCE HE LOC ON ABOVE DESCRI ED REA S A U IC E GENCY AND AN IMP RAT NECESSITY REQUIR NG TH SU PEN 0 T CHARTER RULE T T N 0 OR RESOLUTION SHAL E P SSE FINALLY N THE DATE OF ITS INT OD TION AND THAT SUCH ORDINANCE OR RESO UTION SHALL B READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DE LARED THAT SUCH PUBLICEMERGENCY 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 SO ORDAINED, THIS THE DAY OF MAY, 1968. ATTEST• , ��' (;ol CI SE ET RY ✓ MAYOR— APPROVED: Y OF MAY, "1968: THE CITY OF CORPUS CHRISTI, TEXAS CITY ATTORNE Q p pFy l 000! As:5 /29/68 , REVOCABLE EASEMENT THE STATE OF TEXAS Q COUNTY OF NUECES •. KNOW ALL MEN BY THESE PRESENTS: ' � ' THAT THE CITY OF CORPUS CHRISTI, TEXAS, ACTING BY AND THROUGH ITS AUTHORIZED CITY MANAGER, R. MARVIN TOWNSEND, FOR AND IN CONSIDERATION OF,THE SUM OF DOLLARS TO IT IN HAND PAID BY SOUTHERN PIPE LINE CORPORATION, A TEXAS CORPORATION, ORGANIZED, EXISTING AND GOING BUSINESS UNDER THE LAWS OF THE STATE OF TEXAS, AND HAVING AN OFFICE AND PLACE OF BUSINESS IN CORPUS CHRISTI, NUECES COUNTY, TEXAS, AND HAVING AN OFFICE AND PLACE OF BUSINESS IN CORPUS CHRISTI, NUECES COUNTY, TEXAS, HEREINAFTER REFERRED TO AS "GRANTEE", THE RECEIPT OF WHICH IS 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 SOUTHERN PIPE LINE CORPORATION, THE RIGHT TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE APPROXIMATELY 3250 FEET OF 12 -3/4 " O.D. WRAPPED STEEL PIPELINE WITHIN THE RIGHT OF WAY, AND ADJACENT TO THE WEST BOUNDARY LINE, OF CLARKWOOD ROAD, 400 FEET OF WHICH WILL BE CASED FOR THE CROSSING OF I. H. 37, AND A PERMIT FOR A 300 -FOOT CROSSING OF LEOPARD STREET AT THE SOUTH END OF - THE ABOVE 3250 -FOOT SECTION OF LINE, 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 HOLD THE SAME UNTO THE SAID SOUTHERN PIPE LINE CORPORATION, ITS SUCCESSORS AND ASSIGNS, TOGETHER WITH THE RIGHT AND PRIVILEGE 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 CONSTRUCTING AND MAINTAINING THE SAID PIPELINE FOR THE TRANSMISSION OF FUEL GAS UNDER SAID STREET RIGHT OF WAY, AND IT IS FURTHER UNDERSTOOD THAT THE FOREGOING EASEMENT AND RIGHT IS GRANTED UPON THE FOLLOWING CON- ' DITIONS. ` r (Al IT IS 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 PIPELINE UPON THIRTY (30) ' DAYS NOTICE IN WRITING. (e) 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 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 THE CITY, IF SAID DAMAGE RESULTS BY REASON OF THE CONSTRUCTION OF SAID PIPELINE OR THE 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 PERFORM THE WORK IN ACCORDANCE WITH THE PERMIT AND ALL CITY ORDINANCES APPLICABLE. (D) ALL RIGHTS GRANTED HEREBY SHALL BE SUBORDINATE TO ALL 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 BE OF IRON AND PLACED AT THE EDGE OF THE PUBLIC RIGHT OF WAY. (G) GRANTEE WILL ADJUST OR RELOCATE THE ABOVE DESCRIBED PIPELINE, IF NECESSARYp FOR THE CONSTRUCTION OF ANY PUBLIC UTILITIES OR RAILROAD TRACKS OR CHANGE IN STREET GRADE OR PATTERNS ON THE STREETS OR FOR ANY OTHER REASON OF THE CITY STATED IN WRITING TO GRANTEE, AT THE POINTS ABOVE DESCRIBED. - (H) GRANTEE IS EXPRESSLY PROHIBITED FROM THE SALE AND DISTRIBU- TION OF NATURAL GAS TO CONSUMERS, WHETHER INDUSTRIAL, COMMERCIAL OR RESI- DENTIAL, WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI. t IN WITNESS WHEREOF, THE CITY OF CORPUS CHRISTI, TEXAS, HAS CAUSED THESE PRESENTS TO BE EXECUTED THIS THE DAY OF ,1968. f - ATTEST: CITY OF CORPUS CHRISTI .s BY CITY SECRETARY R. MARVIN TOWNSEND CITY MANAGER APPROVED: DAY OF ,1968: CITY ATTORNEY THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED R. MARVIN TOWNSEND, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, KNOWN TO ME TO BE 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 DEED OF SAID CITY OF CORPUS CHRISTI 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 ,1968. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS THE ABOVE GRANT AND EASEMENT IS HEREBY ACCEPTED THIS THE DAY OF ,1968, BY SOUTHERN PIPE LINE CORPORATION, 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. ATTEST: SOUTHERN PIPE LINE CORPORATION BY SECRETARY THE STATE OF TEXAS j COUNTY OF NUECES I BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED FOR SOUTHERN PIPE LINE CORPORATION, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT THE SAME WAS THE ACT OF THE SAID SOUTHERN PIPE LINE CORPORATION, A CORPORATION, AND THAT HE EXECUTED THE SAME AS THE . ACT OF SUCH CORPORATION 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 \ ,1968. _ - NOTARY PUBLIC IN AND FOR NUECES COUNTY TEXAS SOUTHERN PIPELINE CORPORATION ENGINEERING DEPARTMENT CORPUS CHRISTI. TEXAS Z APPr ,�OVFD 221968 ..................... ........ Ciry Engineer DR. GH. DATE scALE City of Corpus Christi FILE NO. I rho ✓2 ti/ 5 `/ 77- LIM= e goo goo, of 12 L"'V'5 IQ 7 DATE BY I REVISIONS 4 SOUTHERN PIPELINE CORPORATION ENGINEERING DEPARTMENT CORPUS CHRISTI. TEXAS Z APPr ,�OVFD 221968 ..................... ........ Ciry Engineer DR. GH. DATE scALE City of Corpus Christi FILE NO. c 6 L 3 �rn 0 C m z Z T� Az 10 �A ozm n� Noz T (� min Dm0 \ ^' NZ0 to A n D � om z° z; I ' 4zra I �G•' r I /3 a/ - /-nvv pitch 4j V O _ O K m C O , ' ILIo pia /7 CORPUSES CHRISTI hS �/ DAY OF ) 19L 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 INTRODUCED 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 MAY R THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. 07 1-0 P. JIMENEZ, JR., M.D. . GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS ge THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI 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