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HomeMy WebLinkAbout09186 ORD - 12/30/19680 ­ I .. • AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO GRANT A REVOCABLE EASEMENT TO KELLY BELL TO CROSS STREETS, RIGHTS OF WAY AND LANDS OWNED BY THE CITY TO ALLOW THE SAID KELLY BELL TO DRILL, COMPLETE, PRODUCE, RECOMPLETE, OPERATE, MAINTAIN AND REPAIR A DEVIATED OIL AND GAS WELL, BEGINNING AT THE SOUTHEASTERN BOUNDARY LINE OF LOT 12, BLOCK 128, BROOKLYN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, CONTINUING ACROSS BROOKLYN ADDITION TO A POINT IN THE SHORELINE OF CORPUS CHRISTI BAY, APPROXIMATELY 5000 FEET BELOW THE SURFACE OF THE GROUND, AND ON THE NORTHERN BOUNDARY LINE OF STATE TRACT 592 CORPUS CHRISTI BAY, ALL AS MORE FULLY DESCRIBED IN SAID REVOCABLE EASEMENT, A COPY 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 AND DIRECTED TO EXECUTE AND DELIVER TO KELLY BELL A REVOCABLE EASEMENT TO CROSS STREETS, RIGHTS OF WAY AND LANDS OWNED BY THE CITY TO ALLOW THE SAID KELLY BELL TO DRILL, COMPLETE, PRODUCE, RECOMPLETE, OPERATE, MAIN- TAIN AND REPAIR A DEVIATED OIL AND GAS WELL, BEGINNING AT THE SOUTHEASTERN BOUNDARY LINE OF LOT 12, BLOCK 128, BROOKLYN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, CONTINUING ACROSS BROOKLYN ADDITION TO A POINT IN THE SHORELINE OF CORPUS CHRISTI BAY, APPROXIMATELY 5000 FEET BELOW THE SURFACE OF THE GROUND, AND ON THE NORTHERN BOUNDARY LINE OF STATE TRACT 591 CORPUS CHRISTI BAY, ALL AS MORE FULLY DESCRIBED IN SAID REVOCABLE EASEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR MAKING THE AREA DESCRIBED IN SAID REVOCABLE PERMIT IMMEDIATELY AVAILABLE FOR THE PURPOSES OUTLINED THEREIN CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLU- TION 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 NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED 918C, • • REVOCABLE EASEMENT THE STATE OF TEXAS 0 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. MARVIN TOWNSEND, FOR AND IN CONSIDERA- TION OF THE SUM OF THREE HUNDRED DOLLARS ($ 300.00 TO IT IN HAND PAID BY KELLY BELL, HAVING AN OFFICE AND PLACE OF BUSINESS IN CORPUS CHRISTI, NUECES COUNTY, TEXAS, 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 SAID KELLY BELL THE FOLLOWING DESCRIBED RIGHT AND EASEMENT, TO -WIT: AN EASEMENT TO DRILL, COMPLETE, PRODUCE, RECOMPLETE, OPERATE, MAINTAIN AND REPAIR A DEVIATED OIL AND GAS WELL THROUGH ALL CITY STREETS, ROADS, AVENUES, ALLEYS AND LANDS INCLUDING DEDICATED RIGHTS OF WAY AND EASE- MENTS BEGINNING AT THE SOUTHEASTERN BOUNDARY LINE OF LOT 12, BLOCK 1283 BROOKLYN ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS, WHICH POINT IS APPROXIMATELY EQUIDISTANT FROM THE SOUTHEAST AND SOUTHWEST CORNERS OF SAID LOT 12 AND IS APPROXIMATELY 1200 FEET BELOW THE SURFACE OF THE GROUND, CONTINUING ACROSS BROOKLYN ' ADDITION TO A POINT IN THE SHORELINE OF CORPUS CHRISTI BAY, APPROXIMATELY 5,000 FEET BELOW THE SURFACE OF THE GROUND, AND ON THE NORTHERN BOUNDARY LINE OF STATE TRACT 59, CORPUS CHRISTI BAY, IT BEING THE INTENTION OF THIS EASEMENT TO GRANT TO GRANTEE HEREIN AN EASEMENT ACROSS ALL STREETS, ALLEYS AND LANDS OWNED BY OR CONTROLLED BY OR DEDICATED TO THE CITY OF CORPUS CHRISTI FROM THE BEGINNING POINT OF THE ABOVE DESCRIPTION TO THE POINT AT WHICH SUCH DEVIATED WELL ENTERS CORPUS CHRISTI BAY AS INDICATED IN SAID DESCRIPTION, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING ALLEYS LOCATED IN THE FOLLOWING NUMBERED BLOCKS IN BROOKLYN ADDITION, TO -WIT: BLOCK 128 BLOCK 105 BLOCK 28 BLOCK 60; THE FOLLOWING NUMBERED STREETS, ROADS OR AVENUES IN BROOKLYN ADDITION, TO -WIT: AVENUE 'T" HAMILTON ROAD AVENUE "E" DICKINSON PLACE AVENUE "D" BU5HICK PLACE BURLESON STREET NORTH HOTEL PLACE TIMON BOULEVARD NORTH SHORELINE BOULEVARD; THE RIGHT OF WAY OF THE SAN ANTONIO AND ARANSAS PASS RAILROAD CONVEYED BY SAME TO MISSOURI PACIFIC RAILROAD COMPANY AND BY IT TO THE CITY OF CORPUS CHRISTI; THE CITY FIRE STATION SITE LOCATED IN LOTS 2, 4, 6, 8, 10 AND 12, BLOCK 104, BROOKLYN ADDITION; AND ANY RIGHTS OF THE CITY OF CORPUS CHRISTI IN ANY LANDS ADJOINING CORPUS CHRISTI BAY BETWEEN THE SHORE LINE AND BLOCK VI, VII AND VIII OF BROOKLYN ADDITION. REFERENCE IS HERE MADE TO THE PLAT OR MAP OF BROOKLYN ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS AS SAME APPEARS OF RECORD IN VOLUME A, AT PAGES 30 -321 AS AMENDED BY VARIOUS PLATS FILED FOR RECORD AT LATER DATES, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, FOR A MORE DETAILED DESCRIPTION OF THE VARIOUS LOTS, BLOCKS, ALLEYS, ROADS, STREETS, AVENUES AND LANDS COVERED BY THIS EASEMENT. TO HAVE AND TO HOLD THE SAME UNTO THE SAID KELLY BELL, HIS HEIRS AND ASSIGNS, TOGETHER WITH THE RIGHT AND PRIVILEGE UNDER THE CONDI- TIONS AND TERMS HEREOF, AT ANY TIME AND ALL TIMES TO MAINTAIN THE SAID WELL FOR PRODUCTION OF PETROLEUM PRODUCTS (INCLUDING OIL AND GAS) UNDER AND ACROSS SAID STREETS, ALLEYS, ROADS, AVENUES AND LANDS OWNED BY OR CONTROLLED BY OR DEDICATED TO THE CITY OF CORPUS CHRISTI, AND IT IS FURTHER UNDERSTOOD THAT THE FOREGOING EASEMENT AND RIGHT IS GRANTED UPON THE FOLLOW- ING 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 CEASE PRODUCTION FROM SAID WELL 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 WELL 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 IF SAID DAMAGE RESULTS BY REASON OF THE DRILLING OF SAID WELL OR THE OPERATION, EXISTENCE OR MAINTENANCE THEREOF. GRANTEE WILL APPLY 2- • • TO THE DIRECTOR OF PUBLIC WORKS FOR A PE ^MIT BEFORE DISTURBING ANY PART OF ANY STREET OR SIDEWALK AREA AND PERFORM THE WORK IN ACCORDANCE WITH THE PERMIT AND ALL CITY ORDINANCES APPLICABLE. GRANTEE WILL RESTORE TO ITS PRIOR CONDITION ALL ROADS AND DRAINAGEWAYS, AND REPAIR ALL DAMAGE TO SAID ROADS CAUSED BY GRANTEE BY REASON OF CONSTRUCTION OR MAINTENANCE OR REMOVAL OR REPAIR OF SAID WELL AND KEEP SAID ROADS OPEN TO TRAFFIC AT ALL TIMES. (D) ALL RIGHTS GRANTED HEREBY SHALL BE SUBORDINATE TO ALL USES BY THE CITY AND SHALL, UPON NOTICE BY THE CITY, CONFORM TO SUCH OTHER USES AS THE CITY MAY MAKE OF SUCH STREETS, ROADS, OR AVENUES. (E) AT EACH POINT WHERE SAID WELL CROSSES AN AREA COVERED BY THIS EASEMENT, GRANTEE AGREES THAT THE WELL WILL BE AT A DEPTH OF NOT LESS THAN 1,000 FEET BELOW THE SURFACE OF THE GROUND AND NO PART OF THE INSTALLATION SHALL EXTEND ABOVE THAT DISTANCE BELOW THE SURFACE OF THR GROUND COVERED BY THIS EASEMENT. (F) THIS EASEMENT SHALL NOT BE CONSTRUED AS BEING ANY GRANT OF ANY RIGHT TO PRODUCE ANY OIL, GAS OR OTHER MINERAL FROM THE LAND THROUGH WHICH THE PIPE IN SAID WELL PASSES. IN WITNESS WHEREOF, THE CITY OF CORPUS CHRISTI HAS CAUSED THESE PRESENTS TO BE EXECUTED THIS THE DAY OF DECEMBER, 1968. ATTEST: CITY OF CORPUS CHRISTI BY CITY SECRETARY R. MARVIN TOWNSEND, CITY MANAGER APPROVED: 30TH DAY OF DECEMBER, 1968: ITY 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. -3- GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF DECEMBER, 1968. NOTARY PUBLIC, NUECES COUNTY, TEXAS THE ABOVE GRANT AND EASEMENT IS HEREBY ACCEPTED THIS THE DAY OF .JANUARY, 1g6g, BY KELLY BELL, AND SAID KELLY BELL AGREES TO KEEP AND PERFORM THE CONDITIONS IMPOSED BY SAID GRANT AND EASEMENT AND THAT HE IS BOUND BY ALL OF THE TERMS OF THE SAME. ELLY CELL THE STATE OF TEXAS COUNTY OF BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED KELLY BELL, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT THE SAME WAS EXECUTED BY HIM FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF JANUARY, 1969. NOTARY PUBLIC IN AND FOR COUNTY, TEXAS • TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS CJ CORPUS CHRISTI XAS j DAY OF 19C f 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 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 AYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLL0WING VOTE: JACK R. BLACKMON RONNIE SIZEMORE - V. A. "DICK" BRADLEY, JR.V, P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDAN I EL W. J. "WRANGLER" ROBERTS THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE 11 V. A. "DICK" BRADLEY, JR, P. JIMENEZj JR., M.D. '/ GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS I% ax