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HomeMy WebLinkAbout08903 ORD - 06/12/1968k VMP:6/18/68 i AN ORDINANCE AMENDING ORDINANCE 8887 SO AS TO AMEND THE REVOCABLE EASEMENT GRANTED UNDER SAID ORDINANCE 8887 SO THAT SAID REVOCABLE EASEMENT TO SOUTHERN PIPELINE CORPORA- TION AUTHORIZES SAID CORPORATION TO PLACE APPROXIMATELY 4170 FEET OF 12 -311" 0. D. WRAPPED STEEL PIPELINE, FOR THE TRANSMISSION OF GAS WITHIN THE RIGHT OF WAY OF ' CLARKWOOD ROAD AND CROSSING STREETS WITH CERTAIN POR- TIONS THEREOF, CASED AS FOLLOWS: 1100' FOR THE CROSSING OF INTERSTATE HIGHWAY NO. 37; 300' FOR THE CROSSING OF LEOPARD STREET; 50' FOR THE CROSSING OF McNORTON ROAD; AND 60' FOR THE CROSSING OF CAROLINE ROAD, AS MORE FULLY SET OUT IN THE REVOCABLE EASEMENT ATTACHED HERETO, IN LIEU OF AND INSTEAD OF THE REVOCABLE EASEMENT AUTHORIZED UNDER ORDINANCE 8887, AND WHICH NEW REVOCABLE EASEMENT IS MADE A PART HEREOF, UPON THE PAYMENT OF THE FEE PROVIDED THEREIN; AND DECLARING AN EMERGENCY. WHEREAS, IT IS NECESSARY TO AMEND THE REVOCABLE EASEMENT GRANTED UNDER THE AUTHORITY OF ORDINANCE 8887 AND SUBSTITUTE FOR SAID REVOCABLE 9 EASEMENT A NEW REVOCABLE EASEMENT IN LIEU THEREOF: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT SECTION 1 OF ORDINANCE 8887 BE AMENDED TO HERE -,+ AFTER READ AS FOLLOWS: ' "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 APPROXIMATELY 11170 FEET OF 123/11 "0. D. WRAPPED STEEL PIPELINE FOR THE TRANSMISSION OF GAS, WITHIN THE RIGHT OF WAY OF CLARKWOOD ROAD, AND CROSSING STREETS WITH .y CERTAIN PORTIONS THEREOF, CASED AS FOLLOWS: 40o' FOR THE CROSSING OF INTER- ;{ STATE HIGHWAY NO. 37; 300' FOR THE CROSSING OF LEOPARD STREET; 50' FOR THE CROSSING OF MCNORTON ROAD; AND 60' FOR THE CROSSING OF CAROLINE ROAD, ALL AS IS 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 53, 8903 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 SO ORDAINED, THIS THE lIX DAY OF JUNE, 1968. ATTEST: CIT SECR TA Y MA APPROVED: THE CITY OF CORPUS CHRISTI, TEXAS DAY OF JUNE, 1968: CITY ATTORNE VMP:2 /1$/68 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 .AUTHORIZED CITY MANAGER, R. MARVIN TOWNSEND, FOR AND IN CONSIDERATION OF THE SUM OF TO IT IN HAND PAID BY SOUTHERN PIPE LINE CORPORATION, A TEXAS CORPORATION, ORGANIZED, EXISTING AND DOING .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, HEREIN- ' AFTER REFERRED TO AS "GRANTEE ", THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED AND CONFESSED AND IN LIEU OF AND INSTEAD OF THE REVOCABLE EASEMENT HERETO- FORE GRANTED UNDER AUTHORITY OF ORDINANCE NO. W FOR 3,250', 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 4170 FELT OF 12 -3/4" 0. D. WRAPPED STEEL PIPELINE INCLUDING 4001, CASED, AT THE CROSSING OF INTERSTATE HIGHWAY ND. 37: 3001, CASED, AT THE CROSSING OF LEOPARD; 50', CASED AT THE CROSSING OF MCNORTON ROAD; AND 60', CASED AT THC CROSSING OF CAROLINE ROAD, WITHIN THE RIGHT OF WAY OF, AND ADJACENT TO THE WEST BOUNDARY LINE OF CLARKWOOD ROAD, ALL AS IS MORE FULLY SET OUT AND SHOWN ON THE PLATS AND DRAWINGS ATTACHED 'HERETO AND MADE A PART HEREOF FOR A MORE COMPLETE DESCRIPTION, AND IN SUBSTANTIAL COMPLIANCE THEREWITH. TO HAVE AND TO HOLD THE SAME UNTO THE SAID SOUTHERN PIPE LINE CORPORATION, 1T5 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 CONSTRUCT- ING 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 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, TEXAS, AND GRANTEE MAY BE REQUIRED TO REMOVE.ITS PIPELINE UPON THIRTY, (30) DAYS NOTICE IN WRITING. (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 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. $UCH 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 NECESSARY, 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. -2- lKt. IN WITNESS 41HEREOF, THE CITY OF CORPUS CHRISTI, TEXAS, HAS CAUSED THESE PRESENTS TO BE EXECUTED THIS THE DAY OF __,1968. ATTEST: CITY OF CORPUS CHRISTI 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 TC',dNSEND, 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 I COUNTY OF NUECES 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. - TEXAS r , !I \' 4 Y SOMI CO ✓�A}eCT 2 hl /A./E. v IN .l ,SCM r�L,G,t/7 I � � I Celanese Cc�o. Kanc N �`O I 0 I OF 12' •Cz,AS L/n/E 12 a4 /n/ JIV /B rZoAV " /B " ?oA/J {AS/nJ6 C4S /n/G byl� VV b . vo �1 / I 1 /� ?a.�o�S�O •rl70� C L ea — K 1. ( 414,1; /c (/ \/�?oPoSEO BGO' I 11 II —: UI i N all" 0 � ` tw� •� - Son.tico GdS T � 1400 PROLL`SSi.Vv P P2o.6oS D .A 06 Cd S A/ i G �' _ /ECOLOjE rr;Od /J .J PP WED JA �h i / Engineer " Cljv of nor us Chris i i 6Y e DATA REVISIONS SOUTHERN PIPELINE CORPORATION C.IVINEEQING DEPARTMENT CORPUS CHRISTI. TEXAS CLd.'�,lf/V000 V7' _s%X-F- 7- r- L,:.l./T, C -17- OF COrz/�us CF /2 /ST/ l/U�C�s 4 �UA � I rf 7° OR. CH. DT -TG 6CA" Ell6 A;. ' Pt PILE N:O. y 5 • /95.3 PsUqo sndjoo jo (4ja ILi 19o)ltof-j-; 111,3 0r -o k-'l A 0 0 0 iI Gl X Z -V M 7. >A vi oz vi /50/Vom r\ >0 m i 0 30 or jorrow 0/,�C6 xm 2: C r -40 X 0' ;7-" A CORPUS CHRISTI, TEXAS 1 � DAY OF 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, THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE / V. A. "DICK" BRADLEY, vJR. P. JIMENEZ, JR., M.D. �• GABE LOZANO, SR. Y KEN MCDANIEL /J W. J. "WRANGLER" ROBERTSr THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JACK R. BLACKMON V RONNIE SIZEMORE / V. A. "DICK" BRADLEY, J P. JIMENEZ, JR., M.D. GABE LOZANO, SR. ✓ KEN MCDANIEL / W. J. "WRANGLER" ROBERT Q